HomeMy WebLinkAboutr 10462 vesting tentative tract map 3725 orcuttRESOLUTION NO. 10462 (2013 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A PARCEL
MAP CREATING 3 UNDERLYING PARCBLS AND VESTING TENTATIVE TRACT
MAP NO. 3044 CREATING 80 LOTS FOR PROPERTY LOCATED AT 3725 ORCUTT
ROAD (MS/TR/ER 137-11; TRACT 3044)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on August 28,2073, and recommended approval of the project; and
\ryHEREAS, the City Council 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 October
1,2013, for the pulpose of considering MS/TR/ER 1,31-ll, a vesting tentative tract map
subdividing an approximately 10-acre site into 80 lots; and
WHBREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project; and
\ryHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHERBAS, the City Council reviewed and considered the initial study of environmental
impact as prepared by staff and reviewed by the Planning Commission; and
\ryHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NO'W, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Parcel Map Approval with Findings & Conditions. The City Council does
hereby approve application MS 137-11 (SLO 10-0086), a parcel map to create three underlying
parcels for f,rnancing purposes, based on the following findings, and subject to the following
conditions:
Findings:
1, As conditioned, the design of the tentative map is consistent with the General Plan and the
Orcutt Area Specific Plan, which promote the development of projects consistent with the
Plan.
2. The site is physically suited for the type and density of development allowed in the R-2-SP
and R-3-SP zones through the proposed Vesting Tentative Map (VTM) 3044 (TR 137-11) and
the proposed parcels shown on this Minor Subdivision are a companion to the VTM for
hnancing purposes.
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ResolutionNo. 10462 (2013 Series)
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3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat, since further development or redevelopment of the
proposed parcels will occur consistent with VTM 3044 and the required architectural review
process, which will allow for detailed review of development plans to assure compliance
with City plans, policies, and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision.
5. The tentative map is exempt from environmental review (Class 15, Minor Land Divisions,
Section 15315. of CEQA Guidelines) because: no variances or exceptions are required; all
services and access to the proposed parcels to local standards will be provided with VTM
3044; the parcel was not involved is a division of a larger parcel within the previous two
years; and the parcel does not have an average cross slope of greater than20o/o.
Conditions:
L All easements including but not limited to those required for access, utility extensions,
grading, and drainage to serve all three parcels of the minor subdivision shall be shown and
noted on the map. The easements offered on the map should coincide with the ultimate
development proposal as shown on Vesting Tentative Tract Map (VTM) 3044.
2. VTM 3044 shall be approved prior to recordation of the Parcel Map.
3. If necessary, âs determined by the Public Works and Community Development Directors, a
notice of requirements or other agreement acceptable to the City of San Luis Obispo shall be
recorded in conjunction with the Parcel Map to clarify development restrictions, conditions
of development, and reference to any perlinent conditions of approval related to VTM 3044.
SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following hndings in support of the Vesting Tentative Map 137-11 (Tract No. 3044):
1, As conditioned and with the development standard reductions supported by affordable
housing statutes, the design of the Vesting Tentative Tract Map is consistent with the General
Plan because the proposed subdivision respects existing site constraints, will incrementally
add to the City's residential housing inventory, result in parcels that meet density standards,
and will be consistent with the density, lot sizes and project amenities established by the
Orcutt Area Specific Plan.
2. The site is physically suited for the proposed type of development allowed in the R-2-SP and
R-3-SP zones.
3. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision.
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4. The design of the vesting tentative tract map and proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat because the site does not have any creeks
or other potentially significant habitat areas for fish and wildlife.
5. The proposed project will provide quality affordable housing consistent with the intent of
California Government Code $65915, and the requested density bonus, incentives and
concessions are reasonably necessary to facilitate the production of affordable housing units.
6. With review of the final map, minor adjustments to the pedestrian system to align better with
the property to the north may be made with the approval of the Community Development and
Public'Works Directors.
7. Public Resources Code $21080.7 provides that in urbanized areas, no additional EIR or
negative declaration is required for "any project involving the construction of housing or
neighborhood commercial facilities" when: (1) the project is consistent with a specific plan
that has a certified EIR and that has been adopted not more than five years prior to making
the required findings under this section. The tentative map is generally consistent with the
street layout and lot configuration and the density and distribution of housing as shown in the
specific plan and no impacts have been identified in the initial study prepared for the project
which were not identihed in the certified Environmental Impact Report for the Orcutt Area
Specific Plan.
8. No further environmental analysis is required based on the conclusions of the initial study of
environmental impact prepared for the project which concludes that all potentially significant
effects were analyzed adequately in Orcutt Area Specific Plan Final Environmental Impact
Report (EIR) adopted by the City Council on March 2,2070, and have been avoided or
mitigated pursuant to that earlier EIR, subject to the following mitigation measures,
mitigation measures being incorporated into the project, and the mitigation monitoring
program being followed:
AIR OUALITY MITIGATION
Operational Phase Mitieation
AQ-1(a)Energy Efficiency. The building energy efhciency rating shall be 70%o above what is
required by Title 24 requirements for all buildings within the Specif,rc Plan Area. The
following energy-conserving techniques shall be incorporated unless the applicant
demonstrates their infeasibility to the satisfaction of City Planning and Building
Department staff: increase walls and attic insulation beyond Title 24 requirements;
orient buildings to maximize natural heating and cooling; plant shade trees along
southern exposures of buildings to reduce summer cooling needs; use roof material
with a solar reflectance value meeting the Environmental Protection
Agency/Department of Energy Star rating; build in energy efficient appliances; use
low energy street lighting and traffic signals; use energy efficient interior lighting; use
solar water heaters; and use double-paned windows.
ResolutionNo. 10462 (2013 Series)
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AQ-1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be
installed at all bus stops.
AQ-l(c) Shade Trees. All parking lots shall include shade trees within the parking area. There
shall be at least one shade tree for every six vehicle parking spaces.
AQ-l(d) Telecommuting. All new homes within the Specific Plan area shall be constructed
with internal wiring/cabling that allows telecommuting, teleconferencing, and
telelearning to occur simultaneously in at least three locations in each home.
AQ-l(e) Pathways. V/here feasible, all cul-de-sacs and dead-end streets shall be links by
pathways to encourage pedestrian and bicycle travel.
. Monitoring Program:
Compliance with operational phase mitigation measures will be reviewed with the subdivision
plans and accompanying architectural review plans and ultimately shown on improvement plans
and construction drawings.
Construction Phase Mitigation
AQ-3(a) Application of CBACT (Best Available Control Technology for construction
related equipment). The following measures shall be implemented to reduce
combustion emissions from construction equipment where a project will have an area
ofdisturbance greater than 1 acre.. Specihc Plan applicants shall submit for review by the Community Development
Department and Air Pollution Control District (APCD) staff a grading plan
showing the area to be disturbed and a description of construction equipment that
will be used and pollution reduction measures that will be implemented. Upon
confirmation by the Community Development Department and APCD,
appropriate CBACT features shall be applied. The application of these features
shall occur prior to Specific Plan construction.. Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properly maintained and tuned according to
manufacturer's specifi cations.. Specific Plan applicants shall be required to ensure that off-road and portable
diesel powered equipment, including but not limited to bulldozers, graders,
cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power
units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed
off-road diesel is acceptable).. Specific Plan applicants shall be required to install a diesel oxidation catalyst on
each of the two pieces of equipment projected to generate the greatest emissions.
Installations must be prepared according to manufacturer's specifications.
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AQ-3(b) Dust Control. The following measures shall be implemented to reduce PM10
emissions during all Specific Plan construction:. Reduce the amount of the disturbed area where possible.
. ljse water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Vy'ater shall be applied as soon as possible whenever
wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water should be
used whenever possible.. All dirt-stock-pile areas shall be sprayed daily as needed.. Permanent dust control measures shall be identified in the approved Specific Plan
revegetation and landscape plans and implemented as soon as possible following
completion of any soil disturbing activities.. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating native grass seed
and watered until vegetation is established.. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.. All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.. All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section23ll4.. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used where
feasible.
AQ-3(c) Cover Stockpited Soils. If importation, exportation, or stockpiling of fill material is
involved, soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation. Trucks transporting material shall
be tarped from the point of origin.
AQ-3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1
acre, the contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering as necessary to prevent transport of
dust off-site. Their duties shall include holiday and weekend periods when work may
not be in progress.
. Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant will also
be required to secure necessary permits from the Air Pollution Control Board (APCD) before the
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onset of grading or demolition activities including, but not limited to additional dust control
measures, evaluation for Naturally Occurring Asbestos. The applicant shall present evidence of a
plan for complying with these requirements prior to issuance of a grading or building permit
from the City. The applicant shall provide the City with the name and telephone number of the
person responsible for ensuring compliance with these requirements. The Building Inspector and
Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES MITIGATION
B-3(a)Construction Requirements. Development under the Specific Plan shall abide by
the requirements of the City Arborist for construction. Requirements shall include but
not be limited to: the protection of trees with construction setbacks from trees;
construction fencing around trees; grading limits around the base of trees as required;
and a replacement plan for trees removed including replacement at a minimum 1:1
ratio.
B-6(c)Educational Pet Brochure. Any development pursuant to the Specif,rc Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform
potential homebuyers and all HOA members of the potential for coyotes to prey on
domestic animals.
8-6(c)Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final
landscaping plan shall be reviewed and approved by a qualif,red biologist. The
California Invasive Plant Council (Cal-IPC) maintains several lists of the most
important invasive plants to avoid. The lists shall be used when creating a plant
palette for landscaping to ensure that plants on the lists are not used. The following
plants shall not be allowed as part of potential landscaping plans pursuant to
development under the Specihc Plan:
. African sumac (Rhus lancea). Australian saltbush (Atriplex semibaccata). Black locust (Robinia pseudoacacia). California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius). Cape weed (Arctotheca calendula). Cotoneaster (Cotoneaster pannosus), (C. lacteus). Edible fig (Ficus carica). Fountain grass (Pennisetum setaceum). French broom (Genista monspessulana). Ice plant, sea fig (Carpobrotus edulis). Leafy spurge (Euphorbia esula). Myoporum (Myoporum spp.). Olive (Olea europaea). Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
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. Russian olive (Elaeagnus angusticifolia). Scotch broom (Cytisus scoparius) and striated broom (C. striatus). Spanish broom (Spartium junceum)
. Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T
ramosissima). Blue gum (Eucalyptus globulus). Athel tamarisk (Tamarix aphylla)
. Monitoring Program:
Compliance with mitigation measures will be reviewed with landscaping plans as parl of the
architectural review submittal and ultimately shown on improvement plans and construction
drawings.
CI]LTURAL RESOURCES MI TTGATION
cR- 1(d)Archaeological Resource Construction Monitoring. At the commencement of project
construction, an orientation meeting shall be conducted by an archaeologist for
construction workers associated with earth disturbing procedures. The orientation
meeting shall describe the possibility of exposing unexpected archaeological
resources and directions as to what steps are to be taken if such a hnd is encountered.
An archaeologist shall monitor construction grading within 50 meters (164 feet) of
the two isolated finds. In the event that prehistoric or historic archaeological
resources are exposed during project construction, all earth disturbing work within 50
meters (164 feet) of the find must be temporarily suspended or redirected until an
archaeologist has evaluated the nature and significance of the find. After the f,rnd has
been appropriately mitigated (e.g., curation, preservation in place, etc.), work in the
area may resume, The City should consider retaining a Chumash representative to
monitor any held work associated with Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98.
. Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
NOISE MITIGATION
N-l(a) Compliance with Cify Noise Ordinance. Construction hours and noise levels shall
be compliant with the City Noise Ordinance fMunicipal Code Chapter 9.12, Section
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9.12.050(6)1. Methods to reduce construction noise can include, but are not limited to,
the following:
Equipment Shielding. Stationary construction equipment that generates noise can
be shielded with a barrier.
Diesel Equipment. All diesel equipment can be operated with closed engine doors
and equipped with factory-recommended muffl ers.
Electrical Power. Whenever feasible, electrical power can be used to run air
compressors and similar power tools.
Sound Blankets. The use of sound blankets on noise generating equipment.
Monitoring Program:
a
a
a
a
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Requirements for construction noise mitigation shall be clearly noted on all plans for project
grading and construction.
SECTION 3. Recommendation. The City Council does hereby approve application
Vesting Tentative Map TR 137-ll (Tract Map No. 3044) with incorporation of the following
conditions into the project:
Streets
1. OfÊsite easements are required to facilitate a through street and public sewer main extension
from the westerly tract boundary at Street "A" to the existing sewer and street easements
along Bullock Lane. A public sewer easement is required for the proposed public sewer
main. A private easement may be proposed for the required through street until development
within the Orcutt Area would indicate that a public street is warranted.
2. The hnal map and improvement plans shall include the required right-of-way and all details
of the required bus turnout to accommodate a future bus stop along Public Street "4"
adjacent to Lot 79 per City Engineering Standards and the OASP.
3. Access rights shall be dedicated to the City along Orcutt Road except at approved driveway
locations as shown on the tentative map.
4. The public improvement plans shall include complete details for the Orcutt Road access
improvements including a center turn lane in accordance with the tentative map, OASP, City
Engineering Standards, and the Cal Trans Highway Design Manual. The Orcutt Road plans
and access way shall include all phases of construction including the ultimate abandonment
of the public vehicle access. Off-site dedication of property for public right-of-way purposes
may be required to facilitate the Orcutt Road improvements. The required center turn lane
and transitions on Orcutt shall be constructed with the first phase of development.
5. The subdivider shall install public street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all public streets
including Orcutt Road per City Engineering Standards. The current interim standard for
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Page 9
LED lighting is required within this subdivision
6. Private street lighting shall be provided along the private streets per City Engineering
Standards and/or as approved in conjunction with the final ARC approvals,
7. The final street sections shall be approved in conjunction with the review and approval of the
final project drainage reporl. The private street sections show center crown, center v-gutter,
and super-elevated designs. The final design shall consider drainage, transitions, and
accessibility.
8. Future Public Street #3 (Sponza Drive) shall show and label the future centerline for
reference. Unless otherwise approved by the Public Works Director, the street should be
designed for a build-out width with a center crown. The final street section for Public Street
#3 shall consider the final drainage strategy and may need to include an AC curb rather than
a shoulder. Non-standard public street sections shall conform to a San Luis Obispo County
rural road or Cal Trans standard to the approval of the City Engineer.
9. All future public streets shall conform to City Engineering Standards including curb, gutter,
and sidewalk, driveway approaches, and curb ramps. Traffic calming improvements may be
required at select locations within in the subdivision. Improvements may include bulb-outs,
elevated sidewalks/speed tables, or alternate paving materials to the satisfaction of the Public
Works Department and Fire Department.
10. Traffic calming improvements should be considered along public streets #2 and #3 and at the
intersection of Public Street "A" and Public Street #3 (Sponza Drive) in accordance with the
OASP. The calming device along Public Street #3 at Private Street #1 (Parc Atelier) should
include an elevated sidewalk or other improvements directly related to the Class I bike path
terminus. Deferral of any traffic calming improvements shall be approved by Public V/orks
Department. If defened, the developer shall provide a surety to cover the future construction
of the improvements upon request of the city.
I l. The proposed future Public Street "4", Public Street #2 (Monte Azure), and Public Street #3
(Sponza Drive) are temporarily landlocked and will not be accepted for public maintenance
until such time that a continuous public street connection is provided within the OASP. A
street condition report shall be prepared by the developer or HOA and shall include any
required street maintenance or construction of traffic calming devices. Any required work
shall be completed prior to acceptance of the street for public maintenance. The proposed
public water and sewer mains located within these streets will be accepted for City
maintenance upon acceptance of the initial subdivision improvements.
12. Street trees are required as a condition of development. Street trees shall generally be
planted at the rate ofone 15-gallon street tree for each 35 lineal feet ofproperty frontage.
13.The final map and subdivision improvement plans shall show the following changes to
project street sections:
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a. Mondrian Plaza shall be increased from26 feet to 28 feet to allow for parking on one side
of the street. A sidewalk shall be provided along one side of the street.
b. Terrasse Plaza shall be increased from 26 feet to 28 feet to allow for parking where
feasible.
c. Le Jardin shall be increased from 26 feet to 28 feet to allow for parking on one side of the
street.
d. Parc Atelier shall include a sidewalk in addition to the parking shown on one side of the
street.
14. Shared driveways shall be considered to better accommodate more on-street parking.
Easements
15.The subdivider shall dedicate a 10'wide street tree easement and public utility easement
(P.U.E.) across the frontage of each lot. Said easement shall be adjacent to and contiguous
with all public right-of-way lines bordering each lot.
16. Any easements including but not limited to provisions for all public and private utilities,
water, sewer, access, grading, drainage, slope banks, consttuction, common driveways, and
maintenance of the same shall be shown on the final map and/or shall be recorded separately
prior to map recordation if applicable. Said easements may be provided for in part or in total
as blanket easements.
17. The final map and public improvement plan submittal shall clarify the intent and purpose for
the proposed 15'access and utility easement across Lot 18. The map offer or separate
easement document shall clarify whether the easement is for public or private purposes. The
map offer should include reference to the dominant tenement for this easement. The plans
shall clarify whether any utility connections or improvements for future connections are
proposed.
18. The subdivider shall dedicate an easement for a public water system over all private streets or
driveways, parking areas (including planters and raised medians) and common areas to the
satisfaction of the Public Works Director and Utilities Engineer. The subdivider shall
dedicate an easement for a public sewer system over the proposed future public streets.
On & Off-Site Improvements
19. Improvement plans for the entire subdivision, including any off-site improvements shall be
approved to the satisfaction of the Public Works Department, Utilities Depaftment, and Fire
Department prior to map recordation. Off-site improvements shall include the sewer main
extension, off-site access roadway, the water main extension, and Orcutt Road
improvements.
20. The improvement plans shall clearly show all existing structures, site improvements, utilities,
water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any
pertinent off-site water well and private waste disposal systems that are located within
ResolutionNo. 10462 (2013 Series)
Page 1 I
regulated distances to the proposed drainage and utility improvements. The plan shall
include the proposed disposition of the improvements and any proposed phasing of the
removal and demolition. All structures and utilities affected by the proposed lot lines shall
be removed and receive final inspection approvals prior to map recordation.
21.The parking lot design shall comply with the parking and driveway standards and
Engineering Standard Section 2010.81. All parking spaces must be designed so that
vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that
vehicles can exit to the adjoining street in a forward direction in not more than two
maneuvers.
Water, Sewer & Utilities
22. Sepante utilities, including 'water, sewer, gas, electricity, telephone, and cable TV shall be
served to each lot to the satisfaction of the Public Works Department and serving utility
companies. All public and private seweÍ mains shall be shown on the public improvement
plans and shall be constructed per City Engineering Standards unless a waiver or alternate
standard is otherwise approved by the City.
23. Underground wiring is required for all new residences. The requirement for undergrounding
shall be achieved with no net increase in the number of utility poles within the public right-
of-way.
24.Final grades and alignments of all public and/or private watet, sewer and storm drains shall
be approved to the satisfaction of the Public Works Director and Utilities Department. The
f,rnal location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
25. Specialized street pavement in the area of public water mains may create
maintenance/replacement concerns and additional costs. The hnal pavement sections shall
be reviewed and approved in conjunction with the ARC approvals and public improvement
plan review. A separate agreement may be required to clarify that the HOA will have final
street maintenance responsibility in areas of specialized pavement where said pavement is
damaged or removed in conjunction with public improvements or maintenance of said public
water mains.
26. Recycled water main improvements (dry pipe) shall be installed per City Engineering
Standards and to the satisfaction of the Utilities Department. The extent and limits of the
recycled water main shall be approved by the Utilities Director prior to completing and
submitting the public improvement plans to the Public Works Department. The main
extension along future Public Roads #3 and #2 may not be necessary to serve the OASP
zoned R-1 and R-2 areas.
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Page 12
27. A final sewer report (report) and supporting documentation for the OASP "adjusted" public
sewer main location shall be approved by the Utilities Department prior to approval of the
public improvement plans.
28. The f,rnal report shall discuss and present additional information and assumptions on the
system elevations and grades that will allow other OASP parcels to utilize the proposed re-
aligned public sewer main. The applicant shall submit an analysis of a backbone system that
shows the elevations and grades that serve the adjacent parcels described in the study. The
City will have the f,inal discretion on the extent and limits of the study if additional properties
could beneht from the proposed re-alignment.
29.The depth of the off-site and on-site sewer mains shall be approved to the satisfaction of the
Utilities Director. The depth analysis shall consider the balance between the possible extent
of the gravity sewer basin needed to serve the other OASP properties and the long-term
public maintenance requirements related to sewer depth.
30. The final report shall include any additional vacant or underdeveloped properties with the
OASP area andlor downstream properties that could affect the down-stream condition
analysis to the satisfaction of the Utilities Department. The report shall be expanded to
include the downstream impacts analysis and main replacement schedule and strategy from
Capitolio to Broad Street.
31. A reimbursement request, if proposed, shall include all pertinent details and analysis in
accordance with City and State codes and ordinances and shall be presented separately to the
City Council.
32.The existing sewer main located within the UPRR right-of-way at the Bullock LanelCapitolio
crossing shall be upgraded/replaced from Bullock Lane to the manhole in Capitolio as a
condition of development. The applicant and engineer of record shall coordinate a f,reld
meeting with Utilities Department staff prior to development of the plan and submittals to the
respective agencies.
33. The developer shall submit an application and design for the sewer to the City and UPRR in
conjunction with the first phase of development and initial public improvement plan
submittal. The installation shall be completed and final inspection approvals granted prior to
issuance of the building permit for the 3Oth residential unit.
Grading & Drainage
34. The ñnal grading and drainage plan and drainage report shall comply with all City Codes,
Standards, and Ordinances. The final drainage report shall comply with the City Engineering
Standards, Waterway Management Plan Drainage Design Manual, and Orcutt Area Specific
Plan requirements, whichever pertinent sections are more restrictive.
35. The drainage report and public improvement plans shall include a comprehensive review of
the existing historic upslope drainage tributary to and from this development. The historic
Resolution No. 10462 (2013 Series)
Page 13
and proposed run-on and run-off should consider the existing swales and berms located along
the historically grazed fence lines and their relationship to the adjoining property lines. The
project drainage analysis may require a detailed review of the sub-watersheds located within
the tract boundary.
36. The proposed surface runoff and drainage from the detention basin(s) shall include a non-
erosive outlet to an approved point of disposal. The outlet(s) design and location should
replicate the historic drainage. Any off-site detention basin, temporary basin, or other
drainage improvements shall be approved by the City. Any required or proposed off-site
grading or drainage improvements shall be completed within recorded easements or under an
appropriate license or other private agreement.
37. Tier 3 interim low impact development standards as described and shown on the preliminary
plans shall be incorporated into the drainage report and hnal development plans.
38. The project soils engineer shall review the fìnal grading and drainage plans and Low Impact
Development (LID) improvements. The soils report shall include specific recommendations
related to site development, utility, and building pad/foundation construction related to the
proposed LID improvements. The project soils engineering report shall be referenced on the
f,rnal map in accordance with the Subdivision Regulations and City Engineering Standards.
39. The final plans and drainage report shall show and note compliance with City Engineering
Standard l0l0.B for spring or perched groundwater management and for water quality
treatment of run-off from impervious streets, drive aisles, and parking areas.
40. A SWPPP is required in accordance with State and local regulations. A hard copy of the
SV/PPP shall be provided to the City in conjunction with the Public Improvement Plan
submittal and subsequent building plan submittals. The WDID number shall be included by
reference on all construction plans sets. An erosion control plan shall be included with the
improvement plans and all building plan submittals for demolitions, grading, and new
construction.
41. A Private Stormwater Conveyance Agreement shall be recorded prior to final inspection
approvals for the proposed stormwater system improvements. A separate Operation and
Maintenance Manual shall be provided in conjunction with the development plans.
42. A separate demolition permit will be required from the Building Division for the removal of
the existing structures and related infrastructure. The building removals are subject to the
Building Demolition Regulations including the additional notification and timing
requirements for any structure over 5O-years old.
Fire
43. The project shall provide a minimum of two points of access to the subdivision from an
existing public way wherever there are 30 or more housing units. Emergency Vehicle Access
points will NOT be accepted in lieu of full access.
Resolution No. 10462 (2013 Series)
Page 14
44. When the public access from Orcutt Road to Private Road #4 is abandoned, a minimum of a
20- foot wide paved Fire Department emergency vehicle access/egress road shall be
maintained in lieu of a Fire Code Standard turn-around. The Access Road shall have a 20-
foot wide gate secured with a lock. The developer will be required to install a "KNOX
BOX" that is keyed to both San Luis Obispo City Fire and San Luis Obispo County Fire
keys. A permanent sign shall be placed on either side of the gate "FIRE ACCESS ROAD -
DO NOT BLOCK". The access road shall be posted "NO PARKING-FIRE LANE" CVC
22500.1". A maintenance provision for this EVA shall be included in the CC&Rs and
approved by the Fire Marshal. Once closed, the EVA shall not be considered one of the 2
required points of access for the subdivision.
45. All streets that are less than 28 feet in width shall be posted "No Parking - Fire Lane" on
both sides. Streets less than 36 feet in width shall be posted on one side only.
46.The project shall provide water mains and city-standard fire hydrants to provide a minimum
needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior walls of all
proposed structures. Fire hydrant spacing shall not exceed 500 feet.
Homeowners' Association
47. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by
the City Attomey and Community Development Director prior to final map approval that
establishes a "Master Homeowner's Association" (Master HOA). CC&R's shall contain the
following provisions that pertain to all lots:
a. All private improvements shall be owned and maintained by the individual property
owners or the Homeowner's Association as applicable. Private improvements include
but are not limited to streets, sidewalks, pedestrian and bike paths, sewer mains, drainage
systems, detention basin(s), street lighting, landscape, landscape inigation, common
areas, & the plaza improvements.
b. Grant to the city the right to maintain common areas if the homeowners' association fails
to perform, and to assess the homeowners' association for expenses incurred, and the
right of the city to inspect the site at mutually agreed times to assure conditions of
CC&R's and final map are being met.
c. No parking except in approved, designated spaces.
d. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of
inoperable vehicles.
e. No outdoor storage by individual units except in designated storage areas.
f. The responsibility for the placement of the trash and recycling containers at the street on
collection days will be the responsibility of the property owner's association. The
property owner's association shall coordinate with San Luis Garbage Company regarding
ResolutionNo. 10462 (2013 Series)
Page 15
the collection time and preferred location for the placement of trash and recycling
containers to minimize the obstruction of project streets
g. No change in city-required provisions of the CC&R's without prior City Council
approval.
h. Provision for all of the maintenance responsibilities outlined in various conditions.
Planning Requirements
48. The proposed convenience store shall be limited in size to 4,500 square feet consistent with
the City's Zoningregulations and the deli/coffee house component shall be small in scale and
incidental to the main store use as determined by the Community Development Director.
49.In order to be consistent with the requirements of the Orcutt Area Specihc Plan and County
Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit
and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San
Luis Obispo County Airport via an avigation easement document prior to the recordation of
the hnal map.
50. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior to
entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property
or properties within the airport area.
51. Provisions for trash, recycle, and green waste containment, screening, and collection shall be
approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective
refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and
functionality. Ownership boundaries andlor easements shall be considered in the final design.
Any common storage areas shall be maintained by the Homeowner's/Ptoperty Owner's
Association and shall be included in the CCR's or other property maintenance agreement
accordingly. The solid waste solutions shall be shown and noted on the submittal(s) for
Architectural Review Commission (ARC) approvals.
52.In addition to building designs and landscaping plans for the different housing types proposed in
the project, the Architectural Review Commission shall review and approve perimeter and
com.mon area landscaping, any proposed signage, site and building lighting, mailbox kiosks, and
the park design and improvements.
53. Prior to the recording of any phase of the map, the applicant shall enter into an Affordable
Housing Agreement with the City that details approved project incentives and how they are
specifically incorporated into the project, and specifìes the timing of construction of affordable
units and contains provisions for failure to complete any or all of the affordable housing units
such as collecting affordable housing in-lieu fees, establishing a threshold for number of units
that can be constructed before some affordable housing units are provided, and providing a letter
Resolution No. 10462 (2013 Series)
Page 16
of credit, bond or other financial guarantee to assure compliance. The goal of the condition is
to have the affordable housing constructed as early as possible.
54. Specihc plans for the development of the park shall be reviewed by the City's Parks &
Recreation Commission with a recommendation to the Architectural Review Commission who
will be responsible for the final design approval of the park.
55. A construction phasing plan shall be submitted to the Community Development Director prior
to the issuance of the first building permit.
56. The project applicant shall develop a Construction Management Plan for review and approval
by the Public Works and Community Development Directors. The plan shall be submitted prior
to the issuance of a building permit for proposed project buildings and/or a phase of buildings.
In addition, the contractor or builder shall designate a person or persons to monitor the
Construction Management Plan components and provide their contact names and phone
numbers. The Construction Management Plan shall include at least the following items and
requirements:
a. A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffìc and pedestrian hours, detour signs if required, directional
signs for construction vehicles, and designated construction access routes.
b. Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries and more intensive site work may be occurring,
c. Location of construction staging areas which shall be located on the project site, for
materials, equipment, and vehicles.
d. Identification of haul routes for movement of construction vehicles that would minimize
impacts on vehicular and pedestrian traffrc, circulation and safety, and noise impacts to
surrounding neighbors.
e. The applicant shall ensure that the construction contractor employs the following noise
reducing measures:
l) Standard construction activities shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Saturday.
2) All equipment shall have sound-control devices no less effective than those provided by
the manufacturer. No equipment shall have un-muffled exhaust pipes; and
3) Stationary noise sources shall be located as far from sensitive receptors as possible, and
they shall be muffled and enclosed within temporary sheds, or insulation barriers or
other measures shall be incorporated to the extent possible.
f. Temporary construction fences to contain debris and material and to secure the site.
g. Provisions for removal of trash generated by project construction activity.
h. A process for responding to, and tracking, complaints pertaining to construction activity.
i. Provisions for monitoring surface streets used for truck routes so that any damage and debris
attributable to the trucks can be identified and corrected.
j. Designated location(s) for construction worker parking.
57. Pursuant to Government Code ç66474.9(b), the subdivider shall defend, indemnify and hold
harmless the City and/or its agents, officers and employees from any claim, action or
Resolution No. 10462 (2013 Series)
Page 17
proceeding against the City and/or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
SECTION 4.Affo The City Council
approves a33Yo density bonus and requested incentives for: 1) Deferred impacts fees with the
cerlificate of occupancy for individual units; 2) Waiver of development review fees; and 3)
Exemption for parkland in-lieu fees for dedication and development of a one-acre pocket park
within the development, based on the following findings, and subject to the following conditions:
Findings:
1. The proposed project will provide quality affordable housing consistent with the intent of
California Government Code 65975, and the requested density bonus, incentives and
concessions are reasonably necessary to facilitate the production of affordable housing
units,
2. As conditioned, the request incentives are consistent with the intent of policies and
programs contained in the OASP and affordable housing incentives outlined in Section
17 .90,060 of the City's Zoning Regulations.
Conditions:
1. The specihc details and terms of the deferral of applicable Citywide and OASP impact
fees for project units until the Certificate of Occupancy, and the waiver of application and
development review processing fees for all affordable units, shall be part of the
Affordable Housing Agreement identified in Condition No. 53. The specific terms for
the deferral of Citywide and OASP impact fees and the number of units to benefit from
this deferral shall be subject to the review and mutual agreement of the City's
Community Development, Utilities, and Public Works Directors and incorporated into
the project's Affordable Housing Agreement to be approved by the City Attomey.
2. The specific terms of the incentive for waiver of some or the entire project's required
parkland fee obligation shall be determined by the mutual agreement and review of
specific development plans for the park to the approval of the City's Community
Development, Parks & Recreation, and Public Works Directors. The City's Parks &
Recreation Director shall consult with the Parks & Recreation Commission in advance of
finalizing the specific terms of the waiver with the other Directors.
e
ResolutionNo. 10462 (2013 Series)
Page 18
On motion of Council Member Carpenter, seconded by Vice Mayor Smith, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor
Smith and Mayor Marx
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1't dayof October 2013.
Mayor
ATTEST:
, MMC
Interim City Clerk
APPROVED AS RM
. Christine Dietrick
City Attorney