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HomeMy WebLinkAboutr 10423 approve modifications to conditions of approval for vesting tentative tract map 2342-392 pradoRESOLUTION NO .10423 (2013 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISP O APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL FO R VESTING TENTATIVE TRACT MAP 234 2 (MOD/TR 134-12 ; 392 PRADO ROAD ) WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on January 9, 2013, for the purpose of considering Application MOD/TR 134-12,a request to amend conditions of Vesting Tentative Tract Map 2342 for an approximately 15-acr e site located on the north side of Prado Road, east of South Higuera Street ; and WHEREAS,the Planning Commission recommended that the City Council approve th e proposed modified conditions of Vesting Tentative Tract Map 2342 ; and WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Februar y 19, 2013, for the purpose of considering the proposed modified conditions of Vesting Tentativ e Tract Map 2342 originally approved through City Council Resolution No . 9776 (2006 Series); and WHEREAS,notices of said public hearings were made at the time and in the manne r required by law; and WHEREAS,the Council has duly considered all evidence, including the record of th e Architectural Review Commission hearing and action, testimony of interested parties, and th e evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e following findings in support of the request to amend conditions of Vesting Tentative Tract Map 2342 : 1.The proposed condition modifications are reasonably necessary to allow for th e construction of Prado Road improvements to serve the first phase of Western Enclav e Development in the Margarita Area Specific Plan given financing considerations and projecte d traffic levels . 2.On March 7, 2006, the City Council adopted a Mitigated Negative Declaration whic h adequately addresses the potential significant environmental impacts of the proposed project an d incorporated certain mitigation measures into the project . The proposed modifications t o conditions do not conflict with approved mitigation measures and are consistent with previou s environmental studies for extension of Prado Road . R 10423 Resolution No . 10423 (2013 Series) Page 2 3.Projected traffic levels for Tract 2342 can be accommodated by the planned stree t facilities that will be constructed per the applicant's Prado Delivery Plan that accompanied th e subject request for condition modifications . Estimated project trip generation of 664 averag e daily trips (ADT) and 70 PM trips based upon traffic model numbers would be lower tha n existing thresholds which would require Prado Road to be extended to the east or improved t o four lanes . Therefore, the proposed condition language and improvements will adequately serv e VTM 2342 . 4.An east-west connection between South Higuera and Broad Street, has been formal Cit y policy since the early 1960's when it was included in the City's first General Plan . 5.Several Environmental Impact Reports have been certified that included the Prado Roa d extension, including the 1994 Land Use and Circulation Elements, the 2000 Amendment to th e Circulation Element, and the Airport and Margarita Specific Plans . These EIR's have analyze d the impacts associated with adding the road to the circulation system and Circulation Elemen t and its current alignment . Project specific impacts were addressed in each environmental documents prepared for Vesting Tract Maps . The impending EIR for the Land Use an d Circulation Elements will look at the entire circulation network and consider the curren t alignment and inclusion of Prado Road . SECTION 2 .Action .The City Council hereby approves the requested modifications to conditions of Vesting Tentative Tract Map 2342 originally approved through City Counci l Resolution No . 9776 (2006 Series), as follows : 1.The project is subject to all of the conditions, code requirements and mitigation measure s approved through City Council Resolution No . 9776 (2006 Series). If a previous condition i s modified with this latest approval, the latter condition shall prevail and supersede the forme r wording of the condition . 2.Condition No . 1 of City Council Resolution No . 9776 shall be replaced with th e following language : Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l present a detailed schedule and delivery "Plan", to be approved by the Public Work s Director, for the improvement of Prado Road between its eastern terminus at the current Cit y boundary and Broad Street . For the purposes of this condition, the Prado Road Extensio n (PRE) shall be referenced in two segments . The first segment shall be the new roadway fro m the present easterly terminus (City boundary) of Prado Road extending easterly to th e intersection of proposed "M" Street on Tract 2353 . This first segment shall be referred to a s the "Prado Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street . This second segment shall be referred to as the "Prado Road Extension - "M" Street t o Broad" segment (PRE-MB). For establishing conditions of approval, construction an d phasing purposes, the PRE-WE portion of Prado shall be divided into six segments as illustrated on Figure 1, labeled Segments A through F . At a minimum, the Plan shall addres s the following milestones for right-of-way acquisition, design and construction : Resolution No . 10423 (2013 Series) Page 3 a.At the time of submittal of any plans for final map and/or improvement plan checkin g The subdivider shall submit schematic construction drawings and specifications for th e full width improvement of the "Prado Road Extension - Western Enclave" segmen t (PRE-WE). b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary stree t appurtenances or as otherwise approved by the Director of Public Works . c.Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road. The subdivider shall exhaust all avenues available t o acquire said public right-of-way dedication for each segment of Prado Road as it i s required in these conditions of approval . In the event the subdivider is unable to acquir e the right of way for Segments A by February 1, 2013, the subdivider may ask that th e City Council consider utilizing its powers of condemnation to acquire the off-site right - of-way, including any necessary slope and drainage easements\, or allow a modifie d construction improvement of Segments A and B as outlined below . If condemnation i s required, the subdivider shall agree to pay all costs associated with the off-site right-of - way acquisition (including attorney and court costs). The subdivider is responsible fo r construction of the necessary street improvements and striping, to the satisfaction of th e Public Works Director .) d.The subdivider shall complete construction of Segment A of the PRE-WE portion o f Prado prior to occupancy of the 31st unit within Tract 2342 or within twelve (12) month s of issuance of the first building permit (except for model homes), whichever occurs first . These improvements shall consist of street frontage improvements including curb, gutter , sidewalk, parkway landscaping, median and roundabout, three 12-foot travel lanes, a 5 - foot bike lane/shoulder on the north side of Prado and a 5-foot bike lane/shoulder on th e south side of Prado . The improvements will also include all storm drainage, water, sewe r and dry utilities per plan along its frontage and stub same to the south side of Prado Roa d as necessary . A transition shall be provided from the "Road A" entrance of Tract 2342 t o the existing paved road section. The subdivider is responsible for construction of thes e improvements and striping, to the satisfaction of the Public Works Director . If right-of-way is not available at the time of approval of the final map, and the City i s unwilling to use its power of eminent domain to acquire the necessary right of way fo r Segment A completion, the subdivider shall submit revised construction plans to the Cit y to complete partial improvements of Segment A subject to approval of the Public Work s Director . These improvements shall consist of street frontage improvements primarily o n the north side of Prado Road including curb, gutter, sidewalk, parkway landscaping, tw o 12-foot travel lanes, a 5-foot bike lane/shoulder on the north side of Prado and a 5-foo t bike lane/shoulder on the south side of Prado . The improvements will also include al l storm drainage, water, sewer and dry utilities per plan along its frontage and stub same t o the south side of Prado Road . A transition shall be provided from the "Road A" entranc e of Tract 2342 to the existing paved road section of Prado Road . Resolution No . 10423 (2013 Series) Page 4 e . As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety, as establishe d by the MASP . Subject to final approval of the City, the proposal may include fee credit s and/or other appropriate mechanisms that may be applied against non-TIF city-wide an d MASP impact fees as development occurs, to facilitate completion of the Prado Roa d extension . 3.Condition No . 6 of City Council Resolution No . 9776 shall be modified as follows : Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d after development . The subdivider shall retain a qualified traffic consultant to conduct traffi c counts throughout the subdivision at locations approved by the Public Works Director . If traffic speeds or volumes exceed City standards during counts taken by the subdivider on e year after final occupancy of complete build-out of the subdivision or acceptance of publi c improvements whichever occurs later, the subdivider shall be responsible for installin g additional traffic calming measures to the approval of the Public Works Director to reduc e volume and speeds to comply with City standards . As an alternative to the above, prior t o final map recordation, the Western Enclave property owners may pay a one-tim e nonrefundable contribution to the City's Neighborhood Traffic Management Program in th e amount of $130,000 to fund future traffic calming efforts in and around Tract 2342 . 4.Condition No . 10 of City Council Resolution No . 9776 shall be modified as follows : With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s ) shall either : a.Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer ; o r b.Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts t o acquire interest to the subject property and request that the City assist in acquiring th e property required for the construction of such improvements and exercise its power o f eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary . Subdivider shall also enter into an agreement with the City to pay all costs o f such acquisition including, but not limited to, all costs associated with condemnation . Said agreement shall be in a form acceptable to the City Engineer and the City Attorney . If condemnation proceedings are required, the Subdivider shall submit, in a for m acceptable to the City Engineer, the following documents regarding the property to b e acquired : 1)Property legal description and sketch stamped and signed by a Licensed Lan d Surveyor or Civil Engineer authorized to practice land surveying in the State o f California . 2)Preliminary title report including chain of title and litigation guarantee . Resolution No . 10423 (2013 Series ) Page 5 3)Appraisal of the property by a City approved appraiser . In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany th e appraiser during any inspection of the property or acknowledge in writing that the y knowingly waived the right to do so . 4)Copies of all written correspondence with off-site property owners including purchas e summary of formal offers and counter offers to purchase at the appraised price . 5)Prior to submittal of the aforementioned documents for City Engineer approval, th e Subdivider shall deposit with the City all or a portion of the anticipated costs, a s determined by the City Attorney, of the condemnation proceedings . The City doe s not and cannot guarantee that the necessary property rights can be acquired or will, i n fact, be acquired . All necessary procedures of law would apply and would have to b e followed . 5.Modify Condition No . 39 of City Council Resolution No . 9776 to correctly reference th e wetlands mitigation site as Lot 64 . 6.Modify Condition No . 44 of City Council Resolution No . 9776 to correctly reference th e affordable housing site as Lot 108 of Tentative Tract 2353 . 7.Modify Condition No . 52 to reflect the language approved by the Planning Commissio n on September 28, 2011 through Resolution No . PC-5565-11 as follows : As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 15 7 feet for new single family residential units from the centerline of Prado Road . Propose d Live/Work units may be located within the 157-foot setback from Prado Road (60 dB nois e contour) subject to compliance with all of the requirements of the Sound Level Assessmen t from David Lord of 45 dB dated 9-14-11 . Upon motion of Council Member Carpenter, seconded by Council Member Carter, an d on the following roll call vote : AYES : Council Members Ashbaugh, Carpenter and Carter, and Mayor Mar x NOES : None ABSENT : None RECUSED : Vice Mayor Smith Resolution No . 10423 (2013 Series) Page 6 The foregoing resolution was adopted this 19`h day of January 2013 . ATTEST : APPROVED AS TO FORM : store Dietric k City Attorney