HomeMy WebLinkAbout02-21-2017 Item 07 Approval of Final Map for Tract 3063 Phase1 3987 Orcutt Road TR/ER 114-14 Meeting Date: 2/21/2017
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3063-PHASE 1,
3987 ORCUTT ROAD (TR/ER 114-14)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 3063-Phase 1 located at 3987 Orcutt Road
and authorizing the Mayor to execute a Subdivision Agreement, Private Drainage Easement
Agreement and a Restrictive Covenant for Open Space.
REPORT-IN-BRIEF
A vesting tentative map for Tract 3063 was approved by the City Council on May 19, 2015. Phase 1
of the final map has been submitted and the Public Works Director has determined that the Phase 1
final map is in substantial compliance with the tentative map. Once the map is approved by the
Council and all of the appropriate fees and securities are submitted to guarantee completion of the
Phase 1 improvements, the map can be recorded.
Phase 1 will be constructing some of the required Tract 3063 public improvements along Orcutt
Road, Tank Farm Road, and at the Orcutt/Tank Farm intersection. Other required improvements are
being deferred to future phases in order to make the various phases of the project economically
viable. The improvements being constructed in each phase will adequately mitigate the impacts
being generated by that particular phase.
An open space lot for Righetti Hill and a lot for a future central neighborhood park are being
dedicated to the City with this first phase.
An agreement to satisfy Tract 3063’s affordable housing requirements will be submitted to Council
for consideration at a later date. This agreement will be recorded prior to or concurrent with the
Phase 1 final map.
DISCUSSION
Background
Tract 3063 (TR/ER 114-14) is located at 3987 Orcutt Road (Attachment A). This subdivision is
commonly known as the Righetti subdivision. A vesting tentative map for Tract 3063 was
approved by the City Council on May 19, 2015, by Resolution No. 10619 (2015 Series)
(Attachment B). The tentative map approved the creation of 272 single-family residential lots,
32 multi-family residential lots, one lot for a central neighborhood public park, three lots for
smaller public parks, eight lots for private pocket parks, one lot for a private drainage basin, and
multiple lots for public and private open space. One of the public open space lots will include
Righetti Hill, which will be made accessible through a public trail system. One of the private
Packet Pg. 179
7
open space lots includes the Parsons homestead site at the corner of Tank Farm Road and Orcutt
Road. Due to the size of the tentative map, only sheets of the tentative map that are pertinent to
the final map approval are included in Attachment C. Tract 3063-Phase 1 will create 172 lots
consisting of:
1. 151 single-family lots
2. One central neighborhood public park lot
3. Three small public park lots
4. Seven private park lots
5. One private drainage basin lot
6. Four public open space lots, one of which includes Righetti Hill
7. Three private open space lots, one of which includes the Parsons homestead
8. One lot for future Phase 2 subdivision
9. One lot for future Phase 3 subdivision
There are many requirements for the project as established by the conditions of approval for the
project as well as mitigations from the environmental review. The Subdivider has requested
deferment of some of the improvements for the project to coincide with the scale of the phased
areas as well as address financial outlay issues. The following are descriptions of these requests
and staff recommendations.
Tank Farm Road Frontage Improvements
The frontage improvements on Tank Farm Road required by the OASP and the tentative map for
Tract 3063 consist of:
A new intersection at Tank Farm and Righetti Ranch Road
Curb, gutter and sidewalk on the northerly side of Tank Farm
Left-turn pockets at the existing intersections of Brookpine and Wavertree
There already exists one travel lane and one bike lane in each direction and curb, gutter, and
sidewalk on the southerly side.
Pursuant to policies that were established with the adoption of the new Land Use and Circulation
Element of the General Plan (LUCE 2014), intersections that are identified as needing higher
level traffic control should consider roundabout control as the preferred control methodology.
Staff has worked with the Subdivider to design and install a roundabout at the new intersection
of Tank Farm Road at Righetti Ranch Road. The roundabout will provide substantial
improvements along this segment by slowing traffic along Tank Farm and allowing pedestrian
and bicycle crossings of Tank Farm. The roundabout at Tank Farm and Righetti Ranch Road is
being installed as part of Phase 1 at substantial cost to improve condition s along Tank Farm
Road rather than wait for future signalization needs as volumes and delay increase.
Conditions #30 and #116 require construction of all the frontage improvements on Tank Farm
Road with Phase 1 unless otherwise deferred by the Public Works Director and Community
Development Director. The Subdivider (Righetti Ranch LP) is requesting deferral of some of the
Tank Farm frontage improvements to make the project economically viable and to offset some of
Packet Pg. 180
7
the increased cost of constructing the Tank Farm/Righetti Ranch Road roundabout up front.
The limits of the frontage improvements on Tank Farm Road currently proposed for Phase 1 are
shown in Attachment D. The roundabout will allow pedestrians to cross Tank Farm at Righetti
Ranch Road and travel on the south side of the street to Islay Park. This reduces the need for the
full sidewalk connection on the north side of Tank Farm Road all the way to Orcutt Road as part
of Phase 1. Left-turn pockets (interim) at the Brookpine and Wavertree intersections will be
constructed with Phase 1, improving the safety at these intersections by removing the turn
queues in the through lanes that currently exist. The remainder of the Tank Farm Road frontage
improvements from the railroad tracks to Orcutt Road, including permanent left-turn pockets for
Brookpine and Wavertree, will be deferred to a future phase.
Orcutt Road Frontage Improvements
The frontage improvements on Orcutt Road required by the Orcutt Area Specific Plan (OASP)
consist of, at a minimum:
One 12’ wide travel lane in each direction
A 6’ wide bike lane in each direction
A center turn lane
Curb, gutter and sidewalk on the westerly side of Orcutt
Conditions #27 and #116 of the tentative map for Tract 3063 require construction of all the
improvements on Orcutt Road from Tiburon Way to Tank Farm Road and along the Tract 3066
(Jones) frontage with Phase 1 unless otherwise deferred by the Public Works Director and
Community Development Director. This requirement was established prior to finalization of
phasing for all of the subdivisions in the area. In order to make the project economically viable,
the Subdivider (Righetti Ranch LP) is requesting that some of the frontage improvements be
deferred to spread out the costs among the various phases of the project.
The limits of the full-width frontage improvements on Orcutt Road currently proposed for
Phase 1 are shown in Attachment D. The remainder of the Tract 3063 Orcutt Road improvements
will be deferred to a future phase.
Tank Farm/Orcutt Intersection Improvements
There were three potential improvements envisioned in the OASP for the intersection of Tank
Farm Road at Orcutt Road. These consisted of 1) initial improvements by constructing an
extension of the southbound right turn lane on Orcutt Road, 2) major realignment of the
intersection to square up the Orcutt approach and 3) increasing traffic control when warranted.
The traffic study for the EIR of the OASP was conducted in 2010. Assessment at that time
indicated that the intersection would likely satisfy traffic signal warrants in the PM Peak but that
installation of a 200’ right turn pocket on southbound Orcutt would offset the additional delay
caused by the project (by separating right and left turning traffic). Constructing the lane
extension is required as part of OASP development along with the payment of fees associated
with future signalization of the intersection. It is important to note these improvements were
predicated on full development of the entire OASP area and not analyzed for individual
Packet Pg. 181
7
subdivision phasing or timing.
Subdivisions approved to date, including Tract 3063, have not been required to construct a signal
at the Tank Farm/Orcutt intersection as part of approval. Rather, Tract 3063 was required to
construct the 200’ long right turn lane to help mitigate the increase in traffic from the
subdivision.
Mitigation Measure T-1(a) of the Mitigated Negative Declaration (MND) (prepared for
Tract 3063) requires the project to construct the 200’ long right-turn lane prior to issuance of any
building permit for Phase 1. This language was different from the OASP EIR which
recommended completion of the work by issuance of occupancy permits. Condition #28 also
discusses the turn pocket but requires the southbound right turn lane (and the skew be
eliminated) prior to occupancy. Additionally, language in other conditions of Tract 3063 allow
the Subdivider to request deferment or scaling of improvements subject to approval of the Public
Works Director.
The Subdivider has requested clarification of the language conflict between the mitigation
measure and conditions of approval and based upon field constraints, requested deferment of the
full 200’ right turn pocket until Phase 2. The constraints that are affecting implementation of the
improvements include: 1) inability to complete property acquisition due to complexity and
Figure 1 - ROW and Above Ground Utility Conflicts TFR at Orcutt Road
Limited ROW
Culvert
Above Ground
Power Poles
200’
Packet Pg. 182
7
timing from a clouded title for the northwest corner property, 2) inability to acquire the right of
way to relocate exiting above ground power poles and utilities, and 3) inability to acquire the
right of way to widen the creek culvert and receive permitting for work during seasonal
allowance.
The Subdivider has requested deferment based upon these issues and has proposed a partial
improvement of extending the right turn lane to 100’ (temporarily avoiding the creek culvert)
and constructing the full improvement when right of way is acquired.
Staff analyzed this request and performed an assessment of the traffic a ssociated with Phase 1
development of Tract 3063. As part of that review, approximately 300 units could be built w ith
the 100’ right turn lane extension and the City Level of Service (LOS) would be acceptable. As
long as the Subdivider continues to acquire the right of way and completes the full improvements
as part of Phase 2, staff can support the deferment request at this time. It is important to note that
the subdivider will be submitting a security to guarantee completion of the 200’ long right turn
lane and elimination of the skew prior to recordation of the Phase 1 map.
Figure 2 - ROW and Above Ground Utility Conflicts TFR at Orcutt Road
Traffic Control @ Tank Farm Road/ Orcutt Road
Deferment of the full improvements also allows the City to analyze the appropriate intersection
traffic control at Tank Farm/Orcutt Road. Since the EIR traffic study was completed, there has
been a substantial increase in traffic using this intersection from outside the city limits (drivers
avoiding HWY 227 congestion), which has created delay level of service issues during the PM
Packet Pg. 183
7
peak hour. Because of the location of this intersection and the unique “peaking” of the traffic
conditions, a traffic signal is not an ideal control since it would be in operation 24 hours a day
regardless of need. Rather, pursuant to the new recommendations of the LUCE, a roundabout
would be a much preferred control for the location.
The OASP transportation impact fee (TIF) program includes approximately $928,000 to improve
the intersection of Tank Farm and Orcutt. The City is in the process of evaluating possible
intersection controls, such as a roundabout or signal, and when sufficient funding from the OASP
TIF or other sources becomes available, then a signal or roundabout can be programmed for
design and construction. Deferring the relocation of the intersection improvements will allow
time for this design to be considered and if possible, included as the work required in the later
phases of Tract 3063. Tract 3063 is required to dedicate the right of way to accommodate a
future signal at this intersection.
Secondary Access
Condition #16 requires secondary access for all phases of the subdivision where more than 30
dwelling units are proposed. Condition #18 requires construction of the Tiburon Bridge with
Phase 1 of Righetti. The Tiburon Bridge will give the Jones subdivision (Tract 3066) secondary
access to Tank Farm and it will give the Righetti subdivision (Tract 3063) secondary access to
Orcutt. The Subdivider has requested that the City allow deferral of the secondary access
requirement if it isn’t needed for fire protection or traffic operations. The Fire Department and
the Public Works Department are reviewing this request, but a determination has yet to be made.
Central Neighborhood Park
Condition #111 requires dedication of all public lands, including the central neighborhood park,
with the initial phase of the final map. Dedication of the central neighborhood park (Lot 168) to
the City is shown on the Tract 3063-Phase 1 final map. Condition #32 requires Tract 3063 to
rough grade the central neighborhood park lot. Rough grading of the park lot is included on the
subdivision improvement plans for Phase 1. Condition #52 requires plans to be submitted for the
public park improvements. The Subdivider satisfied Condition #52 when Master Plans for each
of the public parks were approved by Parks and Recreation Commission and City Council last
year to guide future public park improvements.
Under the OASP, the Righetti site was required to dedicate the lion’s share of the land needed for
the central neighborhood park, due to its central location in the OASP community. Every new
residential unit in the OASP area will be required to pay an OASP park in-lieu fee. This fee will
generate funding for two park components – parkland acquisition and park improvements. Since
Tract 3063 is dedicating land for the park, the Subdivider will be eligible for fee credit for that
portion of their park in-lieu fee that is allocated to parkland acquisition.
Tract 3063 is not required to construct the park facilities. Although Tract 3063 is not required to
construct the central neighborhood park, it is an important amenity that would benefit sales of
their units. The Subdivider would consider constructing the park improvements at some point
during development of their project if sufficient funding is made available to them by the City
through park in-lieu fee credits (the portion of the fee allocated to park improvements),
reimbursements made from park fees collected from other developments within the OASP area,
Packet Pg. 184
7
or other sources. Completion of the initial park improvements are anticipated to occur in Year 3
of the OASP development, subject to available funding.
Bicycle and Pedestrian Access
Condition #32 requires completion of bicycle and pedestrian paths to connect Tracts 3063, 3066
and adjoining OASP neighborhoods with Islay Park in Phase 1. A mix of pedestrian/bicycle
trails, sidewalks, and on-street bike lanes, are being constructed in Phase 1 to satisfy this
condition. These paths will provide connectivity from Islay Park to the Tract 3063 central
neighborhood park and to future Orcutt Area Specific plan developments immediate adjacent to
Tract 3063. Some of the paths may be eligible for TIF credit consistent with the OASP and the
updated OASP Public Facilities Financing Plan (PFFP) approved by Council on 11/15/16.
Transit
Bus stops are proposed at the locations shown on Attachment D. These stops are consistent with
planned service improvements described in the City’s proposed update of the Short Range
Transit Plan. Some of the bus stops may be eligible for TIF credit consistent with the OASP and
PFFP.
Open Space
On April 3, 2012, the property owner of the subdivision at that time (Parsons, Helphenstine, and
Esajian) recorded a Deed of Open Space and Conservation Easement (County Recorder Doc. #
2012-018089) in favor of the City over a portion of their property that will now be dedicated in
fee to the City as Public Open Space Lot 169 (Righetti Hill). This easement was required by the
Local Agency Formation Commission (LAFCO) as a condition of annexation of this area into
the City limits. The easement allows hiking trails on the hill, while still protecting natural
resource values, including wildlife and plant resources, and scenic open space values. As
required by LAFCO, Section 17 of the easement includes language that if ever the City acquires
fee title interest to the easement area, the City shall transfer the easement to a private non-profit
organization or other approved entity. The Subdivider will be granting Lot 169 in fee to the City
with Tract 3063-Phase 1. In discussions between the City’s Natural Resources Manager and a
local non-profit, it was determined that the cost to have the non -profit assume the obligation of
protecting and maintaining the open space area was going to be cost prohibitive. LAFCO has
expressed a willingness to waive the transfer requirement if the City enters into a covenant to
restrict the use of that area similar to the restrictions set forth in the easement. The resolution
approving the final map (Attachment F) allows the Mayor to act on behalf of the City on any
documents related to the transfer of the easement to an approved non-profit or other approved
entity, or to enter into a Restrictive Covenant to preserve this area as open space. The Restrictive
Covenant would allow hiking trails on the hill.
Conditions #5 and #111 state that all public Open Space and public Park Land shall be dedicated
in fee to the City with Phase 1 map recordation. Open Space Tentative Map Lot 319 lies entirely
outside the boundary of the Phase 1 subdivision and portions of Open Space Tentative Map Lots
307, 320, and 326 also lie outside the boundary of Phase 1. Because the boundaries of these open
space lots back up to the proposed Phase 3 subdivision and the exact configuration of Phase 3 lot
lines has not yet been determined, Subdivider has requested that dedication of the open space lots
and portions of open space lots outside the Phase 1 boundary be deferred to Phase 3 map
Packet Pg. 185
7
recordation. In order to preserve the intent of this condition, which is to preserve open space
values as soon as possible within the project boundaries, a Restrictive Covenant for Private Open
Space will be recorded concurrently with the map for the proposed open space that is outside the
boundaries of the Phase 1 subdivision. This covenant restricts the uses on the covered property to
preserve the open space values. A sunset clause will be included in the covenant so it
automatically terminates once the land is dedicated in fee to the City. A Notice of Requirements
is being recorded with the Phase 1 map requiring dedication of the remaining portions of these
open space lots with Phase 3 map recordation.
Drainage
There are some concrete drainage channels being constructed on public open space Lot 161 to
divert upslope drainage away from the new residential lots. There are also stormwater control
measures such as pipes, shallow basins, and special soil and planting mixes being constructed on
public open space Lots 159 and 164 and within the parkways along the public street right-of-way
to meet Regional Water Quality Control Board requirements. These improvements are to be
maintained by the homeowner’s association. An easement agreement outlining terms of
Subdivider’s and HOA’s responsibilities with regards to constructing and maintaining the
drainage improvements within the City property and right-of-way will be required prior to map
recordation. Resolution No. 5370 (1984 Series) authorizes the Mayor to accept easements on
behalf of the City, but there is no similar resolution authorizing the Mayor to grant easements on
public property. Therefore, the resolution approving the Tract 3063-Phase 1 final map
(Attachment F) also authorizes the Mayor to approve a Private Drainage Easement Agreement
granting an easement for the private drainage facilities to the Subdivider.
The Subdivider has acquired fee title to the Islay Hill HOA drainage basin north of Tank Farm
Road, adjacent to Tract 3063 and the railroad tracks. The Subdivider will be conveying title to
this basin to the Righetti Ranch Master Association, which will then be responsible for
maintenance of the basin. Although not specifically stated in the grant deed, the Islay Hill HOA
retained the right to drain to this basin by inserting a provision in Exhibit A of the Grant Deed
stating that any modifications to the design and/or drainage basin capacity of the property must
first be approved by the City. Tract 3063 is designing improvements to the basin that continue to
accommodate drainage from the subdivisions south of Tank Farm.
Affordable Housing
As identified in Condition #110, the City is actively working with the Subdivider to complete the
Affordable Housing Agreement. The Agreement outlines the transfer of inclusionary units
between the various OASP tracts and identifies a future parcel which shall be dedicated to a
non-profit housing Subdivider for construction of affordable units. The agreement will be
recorded prior to recordation of the final map.
Minor Adjustments of Lot Lines
The lot line between Lots 161 (public open space) and Lot 162 (private open space) (Tentative
Map Lots 321 and 322) was slightly modified from the original tentative map approval to
address the public/private interface issue of Condition #9. The line was modified so that no
portion of City Lot 161 fronts Tank Farm Road. There is no need for Lot 161 to front Tank Farm
because there is no trailhead access proposed at this location. Furthermore, the HOA is required
Packet Pg. 186
7
to maintain the frontage landscaping along Tank Farm and Orcutt. This maintenance includes
those portions that front the City’s Righetti Hill open space lot (Lot 169) and the Parson’s
homestead lot (Lot 170).
The lot line between Lot 172 (future Phase 3) and Lot 170 (Parsons homestead lot) was slightly
modified from the original tentative map approval in order to add a secondary access to Phase 3
to line up with Hansen Lane. This secondary access will require modification of an existing
conservation easement on the Parsons homestead lot. The modification can be deferred to
Phase 3 because that is when the impact occurs.
Reimbursement Agreement
Conditions #36 and #117 allow the Subdivider to present financing and reimbursement programs
for infrastructure improvements to be considered with any final map application. Subdivider has
submitted a draft reimbursement plan. The City is in the process of reviewing this request and it
will be presented to City Council for approval at a later date.
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150, so this
vesting tentative map has an expiration date of May 19, 2017. All phases of the map must record
prior to expiration of the tentative map. Recording of this first phase of the map will affect the
expiration date of the tentative map once a certain amount of money (approximately $250,000) is
expended by the Subdivider for off-site improvements pursuant to Section 66452.6(a) of the
California Government Code (aka Subdivision Map Act). Furthermore, the Subdivision Map Act
allows for time extensions to be requested by the Subdivider and granted by the City.
The final map for Tract 3063-Phase 1 (Attachment G) is ready to be approved and recorded.
Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined
that the final map is in substantial compliance with the tentative map and approved modifications
thereof. Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not
deny approval of a final or parcel map if it has previously approved a tentative map for t he
proposed subdivision and if it finds that the final or parcel map is in substantial compliance with
the previously approved tentative map.” The approval of a final map is considered a ministerial
action.
Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment E). The
resolution approving the final map (Attachment F) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department and Natural Resources Manager concur with the recommended
action.
Packet Pg. 187
7
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR)
were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map #3063
(VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration
(IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was
adopted on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project.
Approval of the final map is statutorily exempt under the California Environmental Quality Act
(CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision
maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no
further environmental review is required.
FISCAL IMPACT
There is no financial impact to the City associated with approving the final map for
Tract 3036-Phase 1. However, the public improvements that will be constructed with this phase will
result in an increase in maintenance costs for the public streets, public utilities, open space, parks
and other infrastructure upon acceptance of the improvements by the City. Furthermore, it takes
approximately one person to maintain every 10 acres of park. The total parkland being dedicated
with Righetti is 12.4 acres, which means at least one additional Public Works maintenance
employee will need to be added to the park maintenance budget once the parks are constructed
and accepted by the City. Furthermore, additional park ranger personnel may be needed to patrol
the parks and open space that are being dedicated with this subdivision. The costs associated with
additional maintenance of parks, open space, and infrastructure, together with the additional
employees needed to perform the maintenance are typically funded by the General Fund. As the
facilities are accepted and begin to require standard maintenance, funds will be requested in future
Financial Plans during the appropriate budget process. An analysis prepared by Applied
Development Economics (ADE) concluded that, in total, new land uses if built out per the densities
would generate adequate revenue to pay for needed City services at the same per capita levels
enjoyed in 2014.
ALTERNATIVES
Deny approval of the final map. Denying approval of the final map can apply if findings are
made that the requirements or conditions of the tentative map have not been met or performed
(Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in
substantial compliance with the previously approved tentative map (Section 66474.1 of the
Subdivision Map Act). Since the final map is in substantial compliance with the tentative map,
Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the
map. Therefore, denying approval of the final map is not a recommended alternative unless the
required findings are made.
Packet Pg. 188
7
Attachments:
a - Vicinity Map
b - Resolution No. 10619 (2015 series) Approving Tentative Map
c - Excerpted Pages from Tentative Map
d - Phase 1 improvements
e - Subdivision Agreement - Phase 1
f - Draft Resolution Approving Final Map
g - Final Map
Packet Pg. 189
7
Packet Pg. 190
7
RESOLUTION NO. 10619 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP NO. 3063 CREATING 328 LOTS FOR PROPERTY LOCATED AT
3987 ORCUTT ROAD
TR/ER 114 -14; TRACT #3063 RIGHETTI)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
public hearings on March 25, 2015 and April 8, 2015 in the Council Chamber of City Hall,
990 Palm Street, San Luis Obispo, California, for the purpose of considering TR/ER 114 -14, a
Vesting Tentative Tract Map subdividing an approximately 144 -acre site into 328 lots, and
recommended the City Council approve the Vesting Tentative Tract Map; and
WHEREAS, the Planning Commission Hearings were for the purpose of formulating
and forwarding recommendations to the City Council of the City of San Luis Obispo regarding
the project; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has reviewed and considered the initial study of
environmental impact as prepared by staff, and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Cl~QA Findings, Mitigation Measures and Mitigation Monitoring
Program. Based upon all the evidence, the City Council makes the following CEQA findings
in support of the Vesting Tentative Map 114 -14 (Tract No. 3063):
1. The proposed project is consistent with the requirements of the Orcutt Area Specific
Plan Final Environmental Impact Report (FEIR) certified and adopted by the City Council
on March 2, 2010, and this approval incorporates those FEIR mitigation measures as
applicable to VTM #3063, as detailed herein.
2. A supplemental initial study has been prepared for VTM #3063 addressing potential
environmental impacts which were not identified or detailed in the FEIR for the Orcutt
Area Specific Plan (OASP). The Community Development Director has recommended
that the results of that additional analysis be incorporated into a Mitigated Negative
Declaration (MND) o f environmental impacts, and recommends adoption of additional
mitigation measures to those imposed by the FEIR, all of which are incorporated below.
R 10619
Packet Pg. 191
7
Resolution No. 10619 (2015 Series)
Page 2
2. All potentially significant effects were analyzed adequately in the referenced FEIR and
IS- MND, and reduced to a level of insignificance, provided the following mitigation
measures are incorporated into the development project and the mitigation monitoring
program:
AESTHETIC MITIGATION
AES -3 Special Building Height Limits, Scale and Massing Design Standards for
Western Flank of Righetti Hill (Righetti Ranch VTM #3063). Added building
design restrictions shall be required for residential lots and units (Lots 35 -50)
adjoining the Righetti Hill URL on the western flank of the hillside. These
standards are intended to reduce the massing of residential units abutting the URL.
These standards will include use of the following building techniques, and
considered during ARC and /or staff review of any project applications for
residential units in this location:
1. Residential Building Heights shall not exceed 25' as measured above average
finished grade;
2. Grading for lots abutting the URL will be encouraged to be split -pads, to reduce
the scale of the building mass by stepping down the hillside;
3. The upper pad shall be limited to one -story (a maximum of 15') in height;
4. First floor massing and footprint shall be encouraged to be built into the
topography (recessed) into the hillside;
5. Second floor square footage shall be set back from the first floor elevation,
creating a stepped appearance to the buildings;
6. Maximum lot coverage shall not exceed 50 %; and,
7. Roof lines on the upper pad will align front -to -back to narrow the high point of
the roof when viewed from the street.
AES -3 Monitoring Program:
Compliance will be reviewed and implemented at two (2) stages. First, any final map
recorded for subdivision of lots abutting URL along the western flank of the Righetti Hill
shall include a special deed restriction incorporating this mitigation and special development
criteria on such lots. This requirement will be verified by the City Engineer's office prior to
recordation of such a final map. Second, Community Development Department staff will
insure ARC and staff level application of these standards during review of any design review
and building permit submittals.
AIR QUALITY MITIGATION
Operational Phase Mitigation
AQ -1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above
what is required by Title 24 requirements for all buildings within the Specific Plan
Packet Pg. 192
7
Resolution No. 10619 (2015 Series)
Page 3
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; use double -paned windows; solar panel
plumbing; grey water recycling; tank -less water heaters; dedicated hot water line
loops.
AQ -1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall
be installed at all bus stops.
AQ -1(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 -1(d) Telecommuting. All new homes within the Specific Plan area shall be
constructed with internal wiring /cabling that allows telecommuting,
teleconferencing, and tele- learning to occur simultaneously in at least three
locations in each home.
AQ -1(e) Pathways. Where feasible, all cul -de -sacs and dead -end streets shall be links by
pathways to encourage pedestrian and bicycle travel.
AQ -1 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 of disturbance greater than 1 acre.
Specific 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.
Packet Pg. 193
7
Resolution No. 10619 (2015 Series)
Page 4
Specific Plan applicants shall be required to ensure that all
construction equipment and portable engines are properly maintained and tuned
according to manufacturer's specifications.
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.
AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM 10
emissions during all Specific Plan construction:
Reduce the amount of the disturbed area where possible.
Use water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Water 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 Section 23114.
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 Stockpiled 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
Packet Pg. 194
7
Resolution No. 10619 (2015 Series)
Page 5
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.
AQ -3 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 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 -4( c) Riparian/ Wetland Mitigation. If riparian and /or wetland habitat are proposed
for removal pursuant to development under the Specific Plan, such development
shall apply for all applicable permits and submit a Mitigation Plan for areas of
disturbance to wetlands and /or riparian habitat. The plan shall be prepared by a
biologist familiar with restoration and mitigation techniques. Compensatory
mitigation shall occur on- site using regionally collected native plant material at a
minimum ratio of 2:1 (habitat created to habitat impacted) in areas shown on figure
4.4 -2 as directed by a biologist. The resource agencies may require a higher
mitigation ratio. If the Orcutt Regional Basin is necessary as a mitigation site for
waters of the U.S. and State it shall be designed as directed by a biologist taking
into consideration hydrology, soils, and erosion control and using the final
mitigation guidelines and monitoring requirements (U.S. Army Corps of Engineers,
2004). As noted above, the trail shall be setback out of the buffer area for riparian
and wetland habitat.
B -5(a) Bird Pre - Construction Survey. To avoid impacts to nesting special- status bird
species and raptors including the ground- nesting burrowing owl, all initial
Packet Pg. 195
7
Resolution No. 10619 ( 2015 Series)
Page 6
ground- disturbing activities and tree removal shall be limited to the time period
between September 15 and February 1. If initial site disturbance, grading, and
tree removal cannot be conducted during this time period, a pre- construction
survey for active nests within the limits of grading shall be conducted by a
qualified biologist at the site two weeks prior to any construction activities (for
ground- nesting burrowing owl survey see below). If active nests are located, all
construction work must be conducted outside a buffer zone of 200 feet to 500
feet from the nests as determined in consultation with the CDFG. No direct
disturbance to nests shall occur until the adults and young are no longer reliant
on the nest site. A qualified biologist shall confirm that breeding /nesting is
completed and young have fledged the nest prior to the start of construction.
B -5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City
under the Specific Plan a qualified biologist shall conduct surveys for burrowing
owls during both the wintering and nesting seasons (unless the species is detected
on the first survey) in potentially suitable habitats prior to construction in
accordance with the guidelines described in the CDFG Staff Report on Burrowing
Owl Mitigation (1995). Winter surveys shall be conducted on the entire project site
between December 1 and February 1, and the nesting season survey shall be
conducted between April 15 and July 15. If burrowing owls are detected within the
proposed disturbance area, CDFG shall be contacted immediately to develop and
implement a mitigation plan to protect owls and their nest sites.
B -5(c) Monarch Pre - Construction Survey. If initial ground- breaking is to occur
between the months of October and March a pre - construction survey for active
monarch roost sites within the limits of grading shall be conducted by a qualified
biologist at the site two weeks prior to any construction activities. If active roost
sites are located no ground- disturbing activities shall occur within 50 feet of the
perimeter of the habitat. Construction shall not resume within the setback until a
qualified biologist has determined that the monarch butterfly has vacated the site.
B -5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS
habitat on Figure 4.4 -2, current USFWS protocol level sampling surveys shall be
conducted in all such areas. A report consistent with current Federal, State, and
local reporting guidelines shall be prepared to document the methods and results of
surveys. If VPFS are found, the report shall include a map that identifies the VPFS
locations. Should the presence of additional special- status wildlife species be
determined including California linderiella, a map identifying locations in which
these species were found shall be prepared and included in the report.
B -5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals
are located onsite pursuant to Mitigation Measure B -5(d), substantial setbacks from
their identified habitat shall be implemented to avoid take of a Federally listed
species. If complete avoidance is not economically or technically feasible, then
Section 10 of the Federal Endangered Species Act (FESA) shall be used to
authorize incidental take when no other Federal agency such as the Corps is
Packet Pg. 196
7
Resolution No. 10619 (2015 Series)
Page 7
involved. This process include development of a Habitat Conservation Plan for
protecting and enhancing the Federally listed species at a specific location in
perpetuity. Species take can also be authorized under Section 7 of the FESA if a
Federal agency is involved in the project (e.g., Corps Section 404 permitting for
impacts to waters of the U.S. and /or Federal funding) and agrees to be the lead
agency requesting Section 7 consultation. This consultation process takes at a
minimum 135 days from the official request by the Federal lead agency.
The compensatory mitigation ratio shall be determined by the appropriate resource
agencies. Suitable replacement habitat shall be constructed either within the site
boundaries or offsite. [GASP FEIR] Figure 4.4 -2 identifies areas that could be
appropriate for onsite VPFS mitigation. Figure 4.4 -2 is not intended to preclude
development but shall be used as a starting point for incorporating VPFS mitigation
sites into the development plan. While the Orcutt Regional Basin included in the
potential VPFS mitigation sites may need regular maintenance and may be
seasonally flooded, depressions could be created on the upper edges of the terrace
in such a manner that they are protected from flooding. VPFS mitigation areas
shall be approved by a biologist familiar with VPFS habitat " creation" techniques.
Enhancement of the onsite seasonal freshwater wetland habitat that is undisturbed
by project activities may also be a part of the mitigation program. Alternatively,
fairy shrimp cysts could be collected during the dry season from the existing
habitat and placed into storage. Topsoil could also be removed and stored in
conditions suitable to retain cysts. Wetland habitat could be enhanced /created in
the areas shown on Figure 4.4 -2 by grading depressions in the landscape and "top
dressing" the depressions with the preserved topsoil. Preserved cysts would be
added to the recreated wetlands in December or January, after sufficient ponding
has occurred.
It is important to note that VPFS habitat mitigation is still considered
experimental. VPFS habitat mitigation is ambitious as it is costly, labor
intensive, and difficult to ensure success. Habitat may be "created" only in an
existing vernal pool landscape that provides suitable soils and a number of other
specific ecological factors (USFWS, 2004).
An alternative to onsite mitigation is the purchase of mitigation bank credits.
Credits can be purchase by the acre as suitable mitigation for VPFS. There is
currently no known mitigation bank with VPFS habitat occurring within San Luis
Obispo County, however, mitigation banks may be available in the future.
B -3a, B -4c, B -5 Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation
at time of review and prior to approval of grading plan(s) and during tract construction (B -3a,
B -4c, B -5).
B -6( c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
Packet Pg. 197
7
Resolution No. 10619 (2015 Series)
Page 8
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.
B -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 qualified 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 Specific 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.
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.
T. ramosissima)
Blue gum (Eucalyptus globulus)
Athel tamarisk (Tamarix aphylla)
B -6c Monitoring Program:
j ubata)
parviflora),
Compliance with mitigation measures will be reviewed with landscaping plans as part of the
architectural review submittal and ultimately shown on improvement plans and construction
drawings.
CULTURAL RESOURCES MITIGATION
CR -1(d) Archaeological Resource Construction Monitoring. At the commencement of
Packet Pg. 198
7
Resolution No. 10619 (2015 Series)
Page 9
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
find 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 find 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 field 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.
CR -1 d Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for
project grading and construction.
DRAINAGE AND WATER QUALITY MITIGATION
D -2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or
biotechnical (also referred to as soil bioengineering) approaches to bank
stabilization are preferred over structural approaches. Bank stabilization design
must be consistent with the SLO Creek Stream Management and Maintenance
Program Section 6. Streambank stabilization usually involves one or a combination
of the following activities:
Regrading and revegetating the streambanks to eliminate overhanging banks
and create a more stable slope;
Deflecting erosional water flow away from vulnerable sites;
Reducing the steepness of the channel bed through installation of grade
stabilization structures;
Altering the geometry of the channel to influence flow velocities and sediment
deposition;
Diverting a portion of the higher flow into a secondary or by -pass channel;
Armoring or protecting the bank to control erosion, particularly at the toe
of slopes.
The bank stabilization design will:
Packet Pg. 199
7
Resolution No. 10619 (2015 Series)
Page 10
Be stable over the long term;
Be the least environmentally damaging and the "softest" approach
possible;
Not create upstream or downstream flooding or induce other local
stream instabilities;
Minimize impacts to aquatic and riparian habitat.
D -2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek
corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be
followed for riparian areas that are modified, created and /or managed for
flood damage reduction, stream enhancement, and bank repair. Linear park terrace
vegetation, streambank repair and channel maintenance projects may require stream
channel modifications that include shaping, widening, deepening, straightening, and
armoring. Many channel management projects also require building access roads
for maintenance vehicles and other equipment. These construction activities can
cause a variety of impacts to existing sensitive riparian and aquatic habitat that,
depending on the selected design alternative, range from slight disturbances to
complete removal of desirable woody vegetation and faunal communities. In urban
areas within the SLO creek watershed, riparian vegetation often provides the only
remaining natural habitat available for wildlife populations.
D -5( a) Biofilters. The applicant shall submit to the Director of Community
Development for review and approval a plan that incorporates grassed swales
biofilters) into the project drainage system where feasible for runoff conveyance
and filtering of pollutants.
D -5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the
applicant shall be encouraged to use pervious paving material to facilitate rainwater
percolation. Parking lots and paved outdoor storage areas shall, where feasible, use
pervious paving to reduce surface water runoff and aid in groundwater recharge.
D -2a, D -2c, D -5a, D -5c Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation
at time of landscaping construction plan review and Engineering - Public Works staff at the
time of tract construction.
NOISE MITIGATION
N -1(a) Compliance with City Noise Ordinance. Construction hours and noise levels
shall be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12,
Section 9.12.050(6)]. 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.
Packet Pg. 200
7
Resolution No. 10619 (2015 Series)
Page 11
Diesel Equipment. All diesel equipment can be operated with closed engine
doors and equipped with factory- recommended mufflers.
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.
N -1 a Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for
project grading and construction.
PUBLIC SERVICES MITIGATION
PS -4 Wastewater Main System Extensions. Prior to recordation of a final map
for Righetti Ranch (TR 3063), the improvement plans for the tract shall include
connections to future improvements planned by Tract 3066 (Jones Ranch) to
convey sanitary sewer service to the existing connection points on Tank Farm
Road.
PS -4 Monitoring Program:
Compliance will be reviewed and implemented by the City Engineer's office with
the subdivision plans and accompanying final map prior to recordation of the final map.
PUBLIC SAFETY MITIGATION
S -2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &R's) that disclose to potential buyers or leasers that
aircraft over - flights occur, and that such flights may result in safety hazard impacts
should an aircraft accident occur. In addition, prior to recordation of final map,
avigation easements shall be recorded over the entire project site for the benefit of the
SLO County Regional Airport.
S -2b Monitoring Program:
Monitoring will include Community Development, City Attorney and Engineering staff
approvals of the Disclosure(s) prior to recordation of a final tract map.
TRANSPORTATION MITIGATION
T -1(a) Orcutt Road /Tank Farm Road Intersection Improvements. Applicant shall
install a 200' right -turn lane on the southbound Orcutt Road approach to Tank
Farm Road shall be installed with Phase 1 Tract 3063 improvements.
T -1(a) Monitoring Program:
Packet Pg. 201
7
Resolution No. 10619 (2015 Series)
Page 12
Compliance and implementation shall be reviewed by the City Engineer's office with the
subdivision plans and shall be completed prior to issuance of any building permits for Phase 1
of Tract 3063.
T -2(d) Orcutt Road /Tank Farm Road Intersection Signalization. Applicant
shall provide right -of -way as necessary as a part of Phase 1 Tract 3063
improvements, and pay "fair share" OASP Impact Fee contributions.
T -2(d) Monitoring Program:
Compliance will be addressed by (1) dedication of right -of -way as needed for signalization at
the time of final map recordation and (2) payment of OASP Impact Fees at time of issuance of
building permits for Tract 3063.
T -3 Street E -2 & Hanson Lane Alignment. Applicant shall align centerlines of
E -2 Street & Hanson Lane with side street stop control and a Two Way Left
Turn Lane
T -3 Monitoring Program:
Compliance and implementation shall be reviewed by the City Engineer's office with the
subdivision plans and shall be completed prior to issuance of any building permits for Phase 1
of Tract 3063.
T -5 Tank Farm & Orcutt Frontage Improvements. Applicant shall design and
install frontage improvements along Tank Farm Road & Orcutt Road, providing
pedestrian access along both street frontages and the connecting gap.
T -5 Monitoring Program:
Compliance and implementation shall be reviewed by the City Engineer's office with the
subdivision plans and shall be completed prior to issuance of any building permits for Phase 1
of Tract 3063.
T -6 Traffic Calming & Safety Measures. Applicant shall provide raised
intersections at D& D4 Streets and C & C3 Streets. Provide single lane urban
compact roundabout control at intersection D & Tank Farm with speed reduction
curves and at intersection A & B. Provide side street stop control at Street E &
Orcutt Road Intersection.
T -6 Monitoring Program:
Compliance and implementation shall be reviewed by the City Engineer's office with the
subdivision plans and shall be completed prior to issuance of any building permits for Phase 1
of Tract 3063.
Packet Pg. 202
7
Resolution No. 10619 (2015 Series)
Page 13
UTILITIES AND SERVICE SYSTEMS MITIGATION
USS -1 Off -site Water Main Line Extensions to the OASP To Meet Fire Flow and
Storage Standards. Concurrent with applications for Final Map(s), the applicant
shall submit a water supply plan to meet adequate fire flow standards for all lots
within each Final Map. Implementation of such a water line extension plan shall
be included as a part of public improvement plans for the subdivision, and
approved by Utilities, Public Works and the City Engineer. This implementation
plan may include a financing plan, including reimbursement provisions, approved
by the City Council at the time of considering any Final Map. Required water
main line extension(s) to the subdivision shall be completed and operational to the
satisfaction of the Utilities Director, prior to occupancy of any of the residential
and /or commercial uses.
USS -1 Monitoring Program
Compliance will be reviewed and implemented by the City Engineer's office with the
subdivision plans and shall be completed prior to issuance of any occupancy permits for
Tract 3063.
SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City
Council does hereby approve application TR/ER 114 -14 (VTM #3063, "Righetti Ranch "), a
tentative tract map to create up to 328 residential, detention basin, parklands, and open
space lots, based on the following findings, and subject to the following conditions being
incorporated into the project:
FindinL-s•
1. As conditioned, 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, results in parcels that meet
minimum density standards, and will be consistent with the density, lot sizes and project
amenities established by the Orcutt Area Specific Plan (OASP).
2. The site is physically suited for the type and density of development allowed in the C /OS-
SP, P -F -SP, R -1 -SP, R -2 -SP and R -3 -SP zoning districts.
3. The design of the vesting tentative tract 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 3063 and
the required architectural review process, which will allow for detailed review of
development plans to assure compliance with City plans, policies, and standards.
Packet Pg. 203
7
Resolution No. 10619 (2015 Series)
Page 14
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is
consistent with the pattern of development prescribed in the Orcutt Area Specific Plan.
5. The proposed project will provide affordable housing consistent with the intent of
California Government Code §65915, and in compliance with City policies and the
Housing Element.
6. The tentative map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California Environmental
Quality Act, the OASP Final EIR, and the Initial Study- Mitigated Negative Declaration
IS -MND).
7. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities.
Conditions:
Dedications and Easements
1. Any easements including but not limited to provisions for all public and private
utilities, access, grading, drainage, slope banks, construction, public and private
streets, pedestrian and bicycle facilities, common driveways, and maintenance of the
same shall be shown on the final map and /or shall be recorded separately prior to or
concurrent with the first phase of the map, unless a deferral is requested by the
subdivider and granted by the City. Said easements may be provided for in part or in
total as blanket easements.
2. The final map and improvement plans shall show the extent of all on -site and off -site
offers of dedication. Subdivision improvement plans and or preliminary designs may
be required for any deferred improvements so that dedication limits can be
established. These improvements may include but are not limited to road construction
and widening, grading and drainage improvements, utility easements, bridges, bike
bridges, transit stops, bikeways, pedestrian paths, signalized intersections, traffic
circles, and roundabouts.
3. Access rights shall be dedicated to the City along Orcutt Road, Tank Farm Road and
along the Union Pacific Railroad right of way except at approved driveway locations
and intersections as shown on the tentative map or as otherwise approved by the city.
4. The subdivider shall dedicate a 10' wide street tree easement and 6' public utility
easement (P.U.E.) across the frontage of each lot. Said easements shall be adjacent to
and contiguous with all public right -of -way lines bordering each lot. A 10' wide street
tree easement and 6' P.U.E. shall be provided along the frontage for all private streets.
A 10' street tree easement and 15' P.U.E. shall be provided along the Orcutt Road and
Tank Farm Road frontages (tract boundary).
Packet Pg. 204
7
Resolution No. 10619 (2015 Series)
Page 15
5. The subdivider shall dedicate Righetti Hill, all public Open Space and all public Park
Land in fee to the City, consistent with the GASP, in conjunction with or prior to the
Phase 1 map recordation. The land shall be granted free and clear of all encumbrances
to the satisfaction of the City. Unless otherwise amended by the City, the public lots
include Lot 307, 311, 312, 316, 319, 320, 321, 324, 325, 326, and 328.
6. The subdivider shall include a separate offer of dedication for all sections of the Orcutt
Area Specific Plan (OASP) Streets B, C, and D located outside the phase boundary,
but within the tract boundary in accordance with the tentative map street alignments
and map conditions in conjunction with or prior to the Phase 1 map recordation. The
developer shall include the offers of dedication for the Orcutt Road and Tank Farm
Road widening improvements in conjunction with or prior to the Phase 1 map
recordation. The developer shall include any other out -of -phase offers of dedication
related to the need for public utility extensions related to orderly development of the
OASP where not otherwise located within a public street.
7. All private improvements shall be owned and maintained by the individual property
owners or the Homeowner's Association (HOA) as applicable. Private improvements
include but are not limited to streets, sidewalks, private pedestrian/bike paths, sewer
mains, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, common areas, pocket parks, and linear park improvements.
8. The private open space, pocket park, and detention basin Lots 308, 309, 310, 313, 314,
315, 317, 318, 322, 323 and 327, along with the proposed improvements, including but
not limited to trails, bikeways, and landscaping shall be owned and maintained by the
HOA. Open Space and bikeway easements along with any public utility easements
shall be offered to the City and shown and noted on the final map. An easement
agreement shall be provided for specific open space areas, bikeways, and utility
corridors in a format approved by the City.
9. The final location of the boundary between HOA open space Lot 322 and City open
space Lot 321 shall be approved to the satisfaction of the City Natural Resources
Manager depending upon the final trail head location off Street D -2 and the area of the
private /public maintenance interface.
10. A wildland fuel management /reduction zone along with any required easements and /or
zone limits shall be shown and noted on the final map and improvement plans for
reference. The limits of the zone shall be in accordance with the adopted Fire Code
and approved to the satisfaction of the City Fire Chief and City Natural Resources
Manager. The HOA shall be responsible for wildland fuel management and weed
abatement within the established fuel reduction zone and private open space areas.
11. Unless otherwise waived or deferred by the City, the subdivider shall improve all
neighborhood trail extensions to the limits of open space Righetti Hill Lot 328 to
the satisfaction of the Natural Resources Manager.
Packet Pg. 205
7
Resolution No. 10619 (2015 Series)
Page 16
12. A notice of requirements or other agreement acceptable to the City of San Luis
Obispo may need to be recorded in conjunction with the Final Map for Phase 1 and
subsequent map phases to clarify development restrictions, conditions of
development, and references to any pertinent conditions of approval related to future
map phasing.
13. Off -site easements and /or dedications may be required to facilitate through street
access and public water and sewer main extensions beyond the tract boundary and in
accordance with the OASP. Looped water mains may be required in accordance with
the tentative map, development phasing, and the City water model to provide adequate
service and compliance with adopted codes and standards.
14. Off -site dedication/acquisition of property for this public right -of -way purpose is
necessary to facilitate orderly development and the anticipated OASP
improvements. The subdivider shall work with the City and the land owner(s) to
acquire the necessary rights -of -way. In the event the subdivider is unable to acquire
said rights -of -way, the City Council may consider lending the subdivider its powers of
condemnation to acquire the off -site right -of -way dedication, including any necessary
slope and drainage easements. If condemnation is required, the subdivider shall agree
to pay all costs associated with the off -site right -of -way acquisition (including attorney
fees and court costs).
15. With respect to all off -site improvements, prior to filing of the Final Map, the
subdivider 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; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring
the property required for the construction of such improvements and exercise its
power of 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 of 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 form acceptable to the City Engineer, the following
documents regarding the property to be acquired:
Property legal description and sketch stamped and signed by a
Licensed Land Surveyor or Civil Engineer authorized to practice
land surveying in the State of California;
ii. Preliminary title report including chain of title and litigation
guarantee;
Packet Pg. 206
7
Resolution No. 10619 (2015 Series)
Page 17
ill. 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 the appraiser during any
inspection of the property or acknowledge in writing that they
knowingly waived the right to do so;
iv. Copies of all written correspondence with off -site property owners
including purchase summary of formal offers and counter offers to
purchase at the appraised price.
V. Prior to submittal of the aforementioned documents for City
Engineer approval, the Subdivider shall deposit with the City all or a
portion of the anticipated costs, as determined by the City Attorney,
of the condemnation proceedings. The City does not and cannot
guarantee that the necessary property rights can be acquired or will,
in fact, be acquired. All necessary procedures of law would apply
and would have to be followed.
Transportation
16. Secondary access is required from all portions and /or phases of the subdivision where
more than 30 dwelling units are proposed. The location and development of the
proposed secondary access shall be presented to the City for review and approval prior
to the preparation of the related improvement plans or final map approval.
17. Secondary access from the E Street neighborhood shall be aligned with Hansen Lane
unless a suitable alternate secondary access point can be approved to the satisfaction
of the Community Development and Public Works Directors.
18. The proposed westerly Phase 1 of Jones Ranch shall require access to Orcutt Road in
conjunction with development of Phase 1. Secondary access will be provided to Tank
Farm Road through Tract 3063. This requires completion the B Street Bridge as part
of Phase 1 development. Regardless of access, the required water supply to this phase
may require a looped water main with indications that the B Street bridge may need
to be constructed in support of the required water main extension to serve Righetti
VTM #3063 prior to commencing with combustible construction.
19. Fire Department access shall be provided for each construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide
suitable Fire Department hydrant access, circulation routes, passing lanes, and turn-
around areas in accordance with current codes and standards.
20. All public streets shall conform to City Engineering Standards and OASP including
curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the
City Engineer. Where conflicts occur between the City Engineering Standards and
Packet Pg. 207
7
Resolution No. 10619 (2015 Series)
Page 18
concepts identified in the OASP, final determination of shall design shall be provided
by the City Engineer. 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.
21.The developer shall record a Notice of Requirements with each map phase regarding
the designed and installed traffic calming devices and that the subdivisions are not
eligible for future Residential Parking District or Neighborhood Traffic Management
program processing.
22. Horizontal curvature along Street "C" does not meet current City Uniform Design
Criteria regarding geometries; "All streets shall intersect other streets at right angles,
and shall have at least 50 feet of centerline tangent, as measured from the prolongation
of the cross - street property line to the angle point or beginning of curve ". The applicant
shall revise subject segments to the satisfaction of the City Engineer.
23. The improvement plans shall include all final line -of -sight analysis at applicable
intersections to the satisfaction of the Public Works Department. Fence heights and
plantings in the areas of control shall be reviewed in conjunction with the analysis. A
separate recorded agreement or Notice of Requirements for private property owner or
HOA maintenance of sight lines shall be required where necessary.
24. The final map and improvement plans shall include the required right -of -way, transit
stop easements, and all details of the required bus turnouts to accommodate all
proposed and future bus stops per City Engineering Standards, the OASP and current
Short Range Transit plan. The final location of all North -South and East -West route
stops shall be approved to the satisfaction of the City Transit Manager and Public
Works Director.
25. The public improvement plans shall include full frontage improvements on Orcutt
Road from B Street to Tank Farm Road and along the Tract 3066 (Jones) frontage,
including the Imel and Garay properties. The plans shall show, at a minimum, all
improvements including concrete curb, gutter, and sidewalk per City Engineering
Standards on the west side of Orcutt; 6' bike lanes, 12' travel lanes, and a 12' two -way
left turn lane in accordance with the tentative map, GASP, City Engineering Standards,
and the Cal Trans Highway Design Manual; undergrounding of the overhead utilities
on the west side; and complete details for the Orcutt Road points of access.
26. The east side of Orcutt Road where widening is proposed or required may terminate in
an AC berm to match the existing adjoining road sections per City Engineering
Standards or the appropriate County rural road standards where approved by the City
Engineer. The Orcutt Road plans shall include all phases of construction including road
widening, stormdrain improvements, culvert extensions, grading /walls, and any water
quality BMP's. Some off -site dedication of property for public right -of -way purposes
may be required to facilitate the Orcutt Road improvements and transitions between the
Packet Pg. 208
7
Resolution No. 10619 (2015 Series)
Page 19
OASP full build -out road section and adjoining road segments beyond the tract
boundaries.
27. The Orcutt Road improvements from B Street to Tank Farm Road and along the
Tract 3066 (Jones) frontage shall be constructed with Phase 1 of the map, unless a
deferral is requested by the subdvider and granted by the City. Prior to approval of
any deferrals, the subdivider shall demonstrate that the construction of the required
improvements is impractical.
28. Prior to occupancy of Phase 1 the Tank Farm / Orcutt intersection shall be modified
to provide a southbound right -turn lane on Orcutt Road and to eliminate the skew, as
required in the GASP. All overhead utilities conflicting with this improvement shall
be undergrounded.
29. The public improvement plans shall include full frontage improvements on Tank
Farm Road from the railroad tracks to Orcutt Road. The plans shall show, at a
minimum, all improvements including concrete curb, gutter, and sidewalk per City
Engineering Standards on the north side of Tank Farm; and left -turn pockets at
Brookpine and Wavertree subject to approval of the City Engineer. The Tank Farm
Road plans shall include all phases of construction including road widening,
stormdrain improvements, and any water quality BMP's. Some off -site dedication of
property for public right -of- way purposes may be required to facilitate the Tank
Farm Road improvements and transitions between the OASP full build -out road
section and adjoining road segments beyond the tract boundaries.
30. The Tank Farm Road improvements from the railroad tracks to Orcutt Road shall be
constructed with Phase 1 of the map, unless a deferral is requested by the subdvider
and granted by the City. Prior to approval of any deferrals, the subdivider shall
demonstrate that the construction of the required improvements is impractical.
31. All bikeways shall be constructed per City Engineering Standards and the Highway
Design Manual. Final details of the bikeway connections to the adjoining streets shall
be approved by the City. The proposed path located between Street D -3 and the UPRR
shall be revised to connect to Street C and Tank Farm Road in accordance with the
OASP.
32. Rough grading of the park lot and completion of bicycle and pedestrian paths
connecting Tract 3063, Tract 3066, and adjoining OASP neighborhoods with the
existing park facilities at Islay Park shall be required with Phase 1 of the map.
33. The applicant shall obtain consult with the City and obtain an encroachment permit
prior to establishing form of temporary access point at near the intersections of "D"
Street & Tank Farm Road and E -2 Street & Hansen Lane.
34. The applicant shall conduct neighborhood speed surveys one year after occupancy
of each phase at locations approved by the Director of Public Works. If 85th
percentile speeds exceed current City NTM thresholds additional traffic calming
Packet Pg. 209
7
Resolution No. 10619 (2015 Series)
Page 20
measures shall be installed. The applicant shall bond for these potential additional
traffic calming measures.
35. All mitigation measures (MM) specific to Transportation requirements shall be
provided as detailed under CEQA section 1, above, to the satisfaction of the City
Engineer.
36. The subdivider may present financing and reimbursement programs for
transportation improvements to be considered with approval and recordation of the
initial final map for VTM #3063. Any such program(s) will be subject to approval by
the City Council.
37. The subdivider shall be responsible for securing the off -site right -of -way needs for
VTM #3063, and dedicating that right -of -way to the city as a condition of final map
approval.
38. The final map and improvement plans shall include the required right -of -way and
all construction details of the required improvements per City Engineering Standards
and the OASP.
39. Access rights shall be dedicated to the City along Orcutt and Tank Farm Roads except
at approved driveway locations as shown on the tentative map.
40. 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.
41. 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.
42. Final street sections shall be approved in conjunction with the review and approval of
the final project drainage report. The final design shall consider drainage,
transitions, and accessibility.
43. 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.
44. Street trees are required as a condition of development. Street trees shall generally
be planted at the rate of one 15- gallon street tree for each 35 lineal feet of property
frontage. Landscape plans may include grouping of trees to vary this standard, to
achieve visual variety within the subdivision.
Packet Pg. 210
7
Resolution No. 10619 (2015 Series)
Page 21
ImprovementPlans
45. Improvement plans for the entire subdivision, including any off -site improvements
shall be approved to the satisfaction of the Public Works Department, Utilities
Department, and Fire Department prior to map recordation. Off -site improvements
may include but are not limited to roadways, sewer mains, water mains, and stormdrain
improvements. Off -site improvements shall include off -site access roadways, the water
main extensions provided by MM USS -1, and Tiburon Way, Tank Farm Road and
Orcutt Road improvements.
46. A separate demolition permit will be required from the Building Division for the
removal of any existing structures and related infrastructure. Building removals are
subject to the Building Demolition Regulations including the additional notification
and timing requirements for any structure over 50 -years old.
47. 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 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.
48. If construction phasing of the new street pavement is proposed, the phasing shall
provide for the ultimate structural street section and pavement life (per the City's
Pavement Management Plan) prior to acceptance by the City. The engineer of record
shall detail this requirement in the public improvement plans, to the satisfaction of the
Public Works Director.
49. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval and map phasing. A truck circulation plan
and construction management and staging plan shall be included with the
improvement plan submittal. General truck routes shall be submitted for review and
acceptance by the City. The engineer of record shall provide a summary of the extent
of cut and fill with estimates on the yards of import and export material. The
summary shall include rough grading, utility trench construction, road construction,
AC paving, concrete delivery, and vertical construction loading estimates on the
existing public roadways. The developer shall either; 1) complete roadway deflection
testing before and after construction to the satisfaction of the City Engineer and shall
complete repairs to the pre- construction condition, or 2) shall pay a roadway
maintenance fee in accordance with City Engineering Standards and guidelines, or 3)
shall propose a pavement repair /replacement program to the satisfaction of the City
Engineer prior to acceptance of the subdivision improvements.
50. Retaining wall and /or retaining wall /fence combinations along property lines shall be
Packet Pg. 211
7
Resolution No. 10619 (2015 Series)
Page 22
approved to the satisfaction of the Planning Division and shall conform with the
zoning regulations for allowed combined heights or shall be approved through the
ARC or separate Fence Height exception process.
51. The ARC plans and public improvement plans shall show the location of the proposed
mail receptacles or mail box units (MBU's) to the satisfaction of the Post Master and
the City Engineer. Provide a mailbox unit or multiple units to serve all dwelling units
and lease spaces within this development as required by the Post Master. MBU's shall
not be located within the public right -of -way or public sidewalk area unless
specifically approved by the City Engineer. Contact the Post Master at 543 -2605 to
establish any recommendations regarding the number, size, location, and placement for
any MBU's.
52. Separate plans shall be submitted for the public park improvements and for any
deferred private site development. Parking lot designs shall comply with the parking
and driveway standards and Engineering Standard 2010. 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.
53. Street trees are required as a condition of development. Tree species and planting
requirements shall be in accordance with City Engineering Standards. Street trees
shall generally be planted at the rate of one 15- gallon street tree for each 35 lineal feet
of property frontage. Street trees shall be planted along private streets as required for
public streets. The subdivision improvement plans /landscape plans shall include street
tree plantings along the Orcutt Road and Tank Farm Road frontages of Lot 327.
Utilities
54. Separate 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 sewer 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. The plans
shall clearly delineate and distinguish the difference between public and private
improvements.
55. Specialized street pavement in the area of public water and /or sewer mains may
create maintenance /replacement concerns and additional costs. The final pavement
sections shall be reviewed and approved in conjunction with ARC approvals and public
improvement plan review. A separate agreement and /or CC &R provision shall be
required to clarify that the Righetti Ranch Master 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 and /or sewer mains.
Packet Pg. 212
7
Resolution No. 10619 (2015 Series)
Page 23
56. Recycled water mains shall be installed in public streets in order to serve recycled
water to the city park, HOA maintained landscaped areas, temporary irrigation for
mitigation areas, and detention basins. The applicant shall work with the Water
Division of the City's Utilities Department to determine the appropriate size of all
proposed recycled water mains.
57. City recycled water or another non - potable water source, shall be used for
construction water (dust control, soil compaction, etc.). An annual Construction
Water Permit is available from the City's Utilities Department. Recycled water is
readily available near the intersection of Tank Farm Road and Orcutt Road.
58. Final grades and alignments of all public and /or private water, sewer and storm
drains shall be approved to the satisfaction of the Public Works Director and Utilities
Department. The final 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.
59. The improvement plans shall show the location of all domestic and landscape water
meters. The plan shall include service lateral sizes and meter sizes. Sizing
calculations may be required to justify service and meter sizing. Water impact fees
related to the irrigation water meter(s) shall be paid prior to approval of the
subdivision improvement plans for each pertinent map and /or construction phase.
60. Off -site utility improvements shall include the water main upgrade /replacement and
extension from the High Pressure /Bishop pressure zone at the intersection of
Tanglewood /Johnson Avenue to serve the subdivision. Pipe sizing is contingent upon
the modeling for the proposed development phases and looping of the main.
Improvement plans may be required to clarify the design for main extensions outside
the Phase 1 improvements. Pressure regulating valves, control valves, or other
appurtenances may be required by the Utilities Department as a part of the required
water system improvements to be certain that the new area interacts properly with the
existing water system.
61. Relocation of the existing pressure regulating valve (the Industrial Way PRV),
including the City's SCADA system, as well as the abandonment of the existing 12"
water main, shall be coordinated with the Water Division of the City's Utilities
Department.
62. A reimbursement request, if proposed for the off -site water main upgrade, 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.
63. The sewer main and storm drain improvements within the E Street neighborhood shall
be constructed per City Engineering Standards but shall be privately maintained by the
HOA along with the other private street and private utility improvements. Public
easements will be required for the water main, services, meters, fire hydrants, public
Packet Pg. 213
7
Resolution No. 10619 (2015 Series)
Page 24
utilities, and any appurtenances. Private easements for access and drainage will be
required. A limited public sewer easement may be required for a terminal end manhole
in the private street where the private sewer transitions to the public sewer.
64. The City will not be responsible for replacement of any specialty street pavement
within private streets. City trench repairs within private streets will be backfilled and
finished per City Engineering Standards.
65. A final sewer report and supporting documentation for the OASP public sewer
main design shall be approved by the Utilities Department prior to approval of the
public improvement plans. The final sewer 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 public sewer main in accordance with the OASP
Wastewater Plan. 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 final discretion on the extent and limits of the study if
additional properties could reasonably benefit from the proposed alignment.
66. 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.
67. The analysis of sewer depth shall be considered at the intersection of Street A and
Street B, at Street A and Sponza in Tract 3044, and at Street A and the northerly limits
of Tract 3044. The analysis shall include the additional extension to the terminal end
manhole as presented in the GASP. The analysis shall further consider the sewer depth
at the Street B and C intersection and the potential for a future northerly projection to
serve the Pratt, Anderson, Evans, and Pratt parcels in accordance with the GASP. The
study shall evaluate the controlling invert at the Tank Farm Road connection to
although for the main location within D and C Streets with the goal of avoiding the
sewer easement between Lot 209 and Lot 210.
68. The sewer report shall further evaluate the potential sewer options for future service
to the adjoining Garay parcel. The subdivider shall provide a minimum 15' sewer
easement from the southerly corner of the Garary property to the nearest available
public sewer located in Street C -1. Some shifting or merging of lots may be required to
provide access between Lots 182 and 183. The report and plans shall consider the
potential development limits on the Garay parcel and the most appropriate area for the
future creek crossing to the satisfaction of the Utilities Department and Natural
Resources Manager. The public improvement plans shall include the pertinent
grading, retaining walls, and main extensions needed to support orderly OASP
development.
69. The public improvement plan submittal shall show all existing and proposed overhead
wire utilities. Any existing overhead wiring within the tract boundary and adjoining
Packet Pg. 214
7
Resolution No. 10619 (2015 Series)
Page 25
Orcutt Road and Tank Farm Road frontages shall be undergrounded in conjunction
with the subdivision improvements. Areas of road widening along Bullock Lane shall
include undergrounding where applicable unless otherwise deferred or waived by the
Public Works and Community Development Directors. Unless otherwise specifically
approved, pole relocation in lieu of undergrounding is not supported.
70. Terminal end utility poles shall be located off -site unless otherwise approved by the
City.
71. Preliminary undergrounding plans for the entire subdivision shall be processed through
PGE and any respective wire utility companies in conjunction with Phase 1 of the Map.
The undergrounding improvements shall be completed with each subsequent phase
unless otherwise required earlier for orderly development or deferred to the satisfaction
of the City.
72. 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 and Tank Farm Road per City Engineering
Standards.
73. Private street lighting shall be provided along the private streets per OASP lighting
requirements, City Engineering Standard and /or as approved in conjunction with the
final ARC approvals.
74. Lighting fixtures, including public streetlights shall not exceed 16' in height in
accordance with the OASP unless otherwise required for traffic safety. The developer
shall submit a streetlight proposal for approval by the City Engineer for any public
streetlights. Street lights associated with the Orcutt Road and Tank Farm Road
improvements, signalized intersections, or round -a -bouts shall comply with the
Highway Design Manual and City Engineering Standards.
Grading, Drainage& Stormwater
75. Any permit approvals required from the Army Corp of Engineers, Californian Fish and
Wildlife, or the Regional Water Control Board shall be secured and presented to the
City prior to the approval of any subdivision grading and /or improvements related to
the proposed phase of construction. The engineer of record shall review the permit
approvals and any specific permit conditions for compliance with the plans, subdivision
improvement designs, drainage system design/report, and soils report. The engineer of
record shall forward the permits to the City with a notation that the permits have been
reviewed and are in general conformance with the design of the improvements.
76. The public improvement plans submittal shall clarify how the several wetlands,
creek corridors, and riparian habitat areas will be preserved to the satisfaction of the
Natural Resources Manager. Include any specific details for the proposed creek
crossings in accordance with any preservation strategies, mitigation measures, and
Packet Pg. 215
7
Resolution No. 10619 (2015 Series)
Page 26
higher governmental authority agency permits. Sensitive areas shall be staked,
fenced, or otherwise delineated and protected prior to commencing with
construction, grading, or grubbing.
77. Expansion index testing or other soils analysis may be required on a lot -by -lot basis
for all graded pads and for in -situ soils on natural lots in accordance with the current
Building Codes or where deemed necessary by the City Engineer or Building
Official.
78. Final pad certifications shall include the certification of pad construction and
elevations. The soils engineer shall certify all grading prior to acceptance of the public
improvements and /or prior to building permit issuance. The certification shall
indicate that the graded pads are suitable for their intended use.
79. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow
ditches, drainage collection devices, and drainage piping may be required. The
public improvement plans and final map shall reflect any additional improvements
and private easements necessary for slope protection and maintenance. Unless
otherwise approved for public maintenance by the City Engineer, brow ditches and
drainage collection devices upslope of building sites shall be maintained by the
HOA.
80. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and /or
private roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where
applicable. The submittal shall provide additional analysis if site accessibility will not
be provided and for any feature or element where accessibility is purportedly not
required. The accessibility regulations or guidelines in effect at the time of subdivision
improvement construction will be applied.
81. Unless updated by subsequent regulations or guidelines, the sidewalks within the
private streets E neighborhood shall be widened to 5' or shall provide a 4' clear width
with 5' passing lanes in accordance with the current ADA regulations.
82. The subdivision improvement plans, grading plans, drainage plans, and drainage
reports shall show and note compliance with City Codes, Standards and Ordinances,
Floodplain Management Regulations, OASP stormwater provisions, Waterways
Management Plan Drainage Design Manual, and the Post Construction Stormwater
Regulations as promulgated by the Regional Water Quality Control Board, whichever
pertinent sections are more restrictive.
83. The improvement plan submittal shall include a complete grading, drainage, and
erosion control plan. The proposed grading shall consider the proposed construction
phasing. Historic off -site and upslope watersheds tributary to the area of phased
construction shall be considered. Run -on from adjoining developed or undeveloped
parcels shall be considered.
Packet Pg. 216
7
Resolution No. 10619 (2015 Series)
Page 27
84. The calculated 100 -year flood limits shall be shown and noted on the improvement
plans and an additional final map sheet for reference. The drainage report and final
plans shall clarify the 100 -year flood elevations, clearances, and freeboard at all new
vehicle bridge, pedestrian bridge, and pipe bridge crossings of the creek corridors.
85. The engineer of record shall provide a digital copy of the final HEC -RAS modeling to
the City in accordance with Section 4.0 of the Waterways Management Plan Drainage
Design Manual.
86. The developer shall prepare an Operations and Maintenance Manual for review and
approval by the City in conjunction with the development of any stormwater BMP's
that will be maintained by the HOA or by the respective private property owner. The
existing Islay Hill basin shall be included in the overall maintenance program or the
existing basin conditions of approval and agreement shall be updated to conform with
the current permit requirements. A Private Stormwater Conveyance Agreement shall
be recorded in a format provided by the City prior to final inspection approvals and
acceptance of subdivision improvements.
87. The subdivider /developer shall provide notification to private property owners
regarding any individual maintenance responsibility of backyard stormwater BMP's in
accordance with Section E.2 of the RQWCB Resolution R3- 2013 -0032. The
notification may be by Notice of Requirements or other method acceptable to the City.
88. The stormwater improvements other than City Standard public stormdrain
infrastructure shall be maintained by the HOA. A separate encroachment /hold
harmless agreement may be required in conjunction with certain improvements
proposed for location within the public rights -of -way.
89. The final details for the proposed bioretention facilities located within the public right -
of- way shall be approved to the satisfaction of the City Engineer. The project soils
engineer shall review and provide recommendations on the proposed site constructed
and /or proprietary retention systems. Analysis of impacts to the public improvements,
protection of utilities, and methods to minimize piping and protection of private
properties shall be addressed in the final analysis.
90. The proposed detention basin and any pre -basin shall be designed in accordance with
the GASP requirements and the Waterways Management Plan Drainage Design
Manual. 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 where feasible. 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.
91. The subdivider shall submit CC &R's with the Final Map that establishes a
Packet Pg. 217
7
Resolution No. 10619 (2015 Series)
Page 28
Homeowner's Association (HOA). The HOA shall provide for the optional automatic
annexation of all other tracts in the OASP as it relates to the shared regional detention
basin. The subsequent tracts may, at their sole discretion, annex to the HOA, or
demonstrate to the city's satisfaction how they will provide storm drainage mitigation
through their own subdivision design and HOA. The HOA shall provide for
maintenance of all private common area drainage channels, on -site and /or sub - regional
drainage basins, water quality treatment and conveyance improvements. The CC &R's
shall be approved by the City and shall be recorded prior to or concurrent with
recordation of the Final Map. A Notice of Annexation or other appropriate mechanism
to annex other subdivisions into the HOA, including but not limited to the shared
regional detention basin, shall be recorded concurrently with the map.
92. The naming of the local creeks and drainages shall comply with the appropriate and
pertinent creek naming standards and justifications. The inclusion of the naming on the
final map and /or improvement plans shall be approved by the City prior to map and /or
plan approval as applicable.
93. All bridging, culverting and modifications to the existing creek channels along with any
necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be in compliance with the OASP, city
standards and policies, the Waterways Management Plan and shall be approved by the
Natural Resources Manager, Public Works Department, Army Corp of Engineers, the
Regional Water Quality Control Board, and California Fish & Wildlife.
94. Any existing areas of swale, creek and /or channel erosion shall be stabilized to the
satisfaction of the City Engineer, Natural Resources Manager, and other permitting
agencies. The existing creek crossing and roadside swale located along the frontage of
Lot 327 shall be relocated away from the existing and proposed edge of roadway and
shall be stabilized to the satisfaction of the City and permitting agencies.
95. The existing upslope drainage along and from the quarry access road on Righetti Hill
shall be evaluated in detail. Any re- grading of the road to correct or revise existing
areas of concentrated drainage shall be reviewed and approved by the Natural
Resources Manager. The final road grading and drainage management should
consider passive conveyance strategies that will minimize erosion and on -going
maintenance on behalf of the City and HOA.
96. The public improvement plans shall show and note the existing and /or proposed
improvements to the existing off -site Islay Hill basin. The plan shall show any
changes to the basin including but not limited to access, outlet /metering alterations,
low -flow channel development, silt /trash catchment, plantings, irrigation, and
security fencing.
97. The project soils engineer shall review the final grading and drainage plans and Low
Impact Development (LID) improvements. The soils report shall include specific
recommendations related to public improvements, site development, utility, and
Packet Pg. 218
7
Resolution No. 10619 (2015 Series)
Page 29
building pad /foundation construction related to the proposed LID improvements. The
project soils engineering report shall be referenced on the final map in accordance with
the Subdivision Regulations and City Engineering Standards.
98. The final plans and drainage report shall show and note compliance with City
Engineering Standard 1010.13 for spring or perched groundwater management and
for water quality treatment of run -off from impervious streets, drive aisles, parking
areas, and trash enclosures.
99. A SWPPP is required in accordance with State and local regulations. A hard copy
of the SWPPP 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.
100. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County
Air Pollution Control District (APCD) regarding compliance with all local, state, and
federal regulations including but not limited to the National Emission Standards for
Hazardous Air Pollutants (NESHAP) regulations related to Naturally Occuring
Asbestos (NOA).
Fire
101. The project shall provide a minimum of two points of access to the subdivision from
an existing public way wherever there are more than 30 housing units. Emergency
Vehicle Access points will NOT be accepted in lieu of full access.
102. 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.
103. 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
104. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the City Attorney and Community Development Director prior to final
map approval that establishes a "Master Homeowner's Association" (Master HOA).
To the extent desired by the subdivider, individual phases of the project may include
sub- associations as described in the applicant's "Master Declaration of CC &R's for
Righetti Ranch ", dated 6/6/ 14. CC &R's shall minimally contain the following
provisions that pertain to all lots:
i. The initial set of CC &R's provided for the VTM #3063 final map shall provide
Packet Pg. 219
7
Resolution No. 10619 (2015 Series)
Page 30
for automatic annexation of subsequent phases to the Master HOA, including
the potential to incorporate the adjoining Jones Ranch (VTM #3066) within the
Master HOA. A graphic or other exhibit describing all properties to be annexed
to the Righetti Ranch Master HOA shall be included with any CC &R's for
VTM #3063.
ii. All private improvements shall be owned and maintained by the individual
property owners, sub - associations or the Master 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 irrigation, and common area
improvements
iii. Grant to the city the right to maintain common areas if the HOA fails to
perform, and to assess the HOA 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.
iv. No parking except in approved, designated spaces.
V. No outdoor storage of boats, campers, motorhomes, or trailers nor long-
term storage of inoperable vehicles.
vi. No outdoor storage by individual units except in designated storage areas.
vii. 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 the collection time and preferred location for the
placement of trash and recycling containers to minimize the obstruction of
project streets
viii. No changes in city- required provisions of the CC &R's will be considered
valid and in effect without prior City Council approval.
ix. Provision for all of the maintenance responsibilities outlined in
various conditions.
Plannin aRea uirements
105. At the time of submittal of a request for a final map, the subdivider shall provide a
written report detailing the methods and techniques employed for complying with all
required environmental mitigation measures as adopted herein.
106. In order to be consistent with the requirements of the Orcutt Area Specific 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 final map.
107. 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
Packet Pg. 220
7
Resolution No. 10619 (2015 Series)
Page 31
otherwise occupy any property or properties within the airport area.
108. 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.
Proposed refuse storage area(s) and on -site conveyance shall consider convenience,
aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be
considered in the final design. Any common storage areas shall be maintained by the
HOA 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.
109. Prior to the issuance of building permits for residential units, the Architectural Review
Commission shall review the residential building program, including building and landscape
improvements, and provide comments and reconunendations to the Community
Development Director. Final architectural design approval authority shall be vested in
the Community Development Director. Director decisions may be appealed pursuant to
standard city policies.
110. Prior to the recording of any phase of the final map, the applicant shall enter into an
Affordable Housing Agreement with the City Council that details the timing of
construction of affordable units on -site, proposed "transfers" of affordable units to
another site, contains guarantees for failure to complete any or all of the affordable
housing units (such as collecting affordable housing in -lieu fees, cash guarantees for the
completion of the affordable units, providing a letter of credit, bond or other financial
guarantee to assure compliance).
111. The subdivider shall dedicate all public lands, including the neighborhood park (Lot 312),
with the initial final map. This neighborhood park will be designed under the
direction of the City's Parks & Recreation Commission with a recommendation to the
Architectural Review Commission and City Council, who will be responsible for the final
design approval of the park.
112. A construction phasing plan shall be submitted to the Community Development
Director prior to the issuance of the first building permit.
113. The subdivider 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 traffic and pedestrian hours, detour signs
if required, directional signs for construction vehicles, and designated
Packet Pg. 221
7
Resolution No. 10619 (2015 Series)
Page 32
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 traffic, circulation and safety, and
noise impacts to surrounding neighbors.
e. The applicant shall ensure that the construction contractor employs the
following noise reducing measures:
i. Standard construction activities shall be limited to between 7:00 a.m.
and 7:00 p.m. Monday through Saturday.
ii. 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
iii. 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.
114. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and /or its agents, officers and employees from any claim,
action or 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.
115. Access corridors of 15' between lots 200 -201 and 50' along lots 58 and 84 will be
added to the Final Map.
116. Conditions relating to phasing and timing of infrastructure are approved as contained
herein, or as approved by the Community Development and Public Works Directors
during review of public improvement plans and final maps.
117. Financing and "fair share" contribution plans may be submitted for City Council review
with any final map application. The City Council will have sole discretion as to any
reimbursement and /or fee credit programs implemented with said final maps.
Packet Pg. 222
7
Resolution No. 10619 (2015 Series)
Page 33
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of May 2015.
MaffJan Marx
ATTEST:
thony " , C
City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 1 a' day of.: 2 s'
Packet Pg. 223
7
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2247
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863•••Packet Pg. 2257
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2267
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2277
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2287
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2297
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Packet Pg. 2307
RIGHETTI RANCHOctober 16, 2014#1013028L-4Trails and Public AccessLEGENDClass 1 Multi-Use TrailClass 2 Bike LaneClass 3 Bike RouteHiking/ Pedestrian PathBike Staging/ Trailhead0100400200500100200Packet Pg. 2317
"C" STREET BRIDGEPHASE 1ORCUTT RIGHT TURN LANE(PHASE 1)TANK FARM ROUNDABOUTPHASE 1STREET CONSTRUCTION - PHASE 1TRANSIT STOPSPHASE 1TRANSIT STOPPHASE 1TRANSIT STOPSPHASE 11/26/2017 2:02:18 PMJonesImelGarayRighetti RanchPacket Pg. 2327
1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between Righetti Ranch LP, a California limited partnership, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 3063-Phase 1, City of San Luis
Obispo, California, as approved by the City Council on the ____ day of _______________,
201___.
The Subdivider desires that said Tract 3063-Phase 1 be accepted and approved as
a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title
16 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
Packet Pg. 233
7
2
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
Packet Pg. 234
7
3
The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, instrument(s) of credit or bond approved by and in favor of
the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is/are in the amount(s) shown in Exhibit 2,
which is the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Packet Pg. 235
7
4
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety or
sureties in the amount of 50% of the above described subdivision improvements in
accordance with State law .
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
If off-site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the subdivider shall exhaust all avenues available to
acquire said off-site dedication. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off-site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off-site dedication, including, but not limited to, all costs associated with condemnation
through the condemnation process. Prior to proceeding with the condemnation process,
Packet Pg. 236
7
5
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not and
cannot guarantee that the necessary property rights can be acquired or will, in fact, be
acquired. All necessary procedures of law would apply and would have to be followed.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or 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 (“Indemnified Claims”).
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
Packet Pg. 237
7
6
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
Righetti Ranch, LP
a Delaware limited partnership
BY: NRE Manager, LLC
a Delaware limited liability company
ITS: General Partner
BY: Ambient Righetti Manager, LLC
a California limited liability company
ITS: Sole Member
BY: _______________________________
Travis Fuentez, President
BY: _______________________________
Dante Anselmo, Vice-President
CITY OF SAN LUIS OBISPO
MAYOR Heidi Harmon
ATTEST:
CITY CLERK Carrie Gallagher
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
Packet Pg. 238
7
7
EXHIBIT 1
TRACT 3063-PHASE 1
SUBDIVISION AGREEMENT
Page 1 of 2
1. The Subdivider has deposited a monumentation guarantee in the amount of $_____ to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
Subdivider shall adhere to the requirements of California Business and Professions Code
Section 8771 with regards to monument conservation.
2. A Special Status Plant and Natural Community Mitigation and Monitoring Plan
(“Monitoring Plan”) dated August 2016 was prepared by Rincon Consultants, Inc. and is on
file at the City. The Plan was prepared to comply with Mitigation Measures B-2(b) through
B-2(g) of the Orcutt Area Specific Plan Final Environmental Impact Report and Vesting
Tentative Map #3063 Mitigation Measures B-3, B-4, B-5 and B-6 to mitigate for the loss of
special status plant species and vegetation community as a result of project implementation.
The Subdivider has deposited a surety in the amount of $__________ to guarantee the
collection, salvage, storage, site preparation, planting, establishment, restoration,
maintenance, protection, monitoring and reporting of the designated plant species and
topsoil for a period of five (5) years or until the Success Criteria listed in Section 6.0 of the
Monitoring Plan has been achieved, whichever is longer.
3. Pursuant to Condition #34 of Council Resolution No. 10619 (2015 Series), the Subdivider
has deposited a faithful performance security in the amount of $200,000 to retain a qualified
traffic consultant to conduct neighborhood speed surveys one year after final occupancy of
Phase 1 at locations approved by the Director of Public Works. If the 85th percentile speeds
exceed current City Neighborhood Traffic Management (NTM) thresholds, additional traffic
calming measures shall be installed. The $200,000 security will be retained by the City to
guarantee that Subdivider installs additional City-approved traffic calming measures to
reduce the speeds to comply with City NTM thresholds. The additional measures shall be
installed within six (6) months following notice from the City to install said measures.
Additional speed surveys shall be conducted twelve (12) months after completion of
construction of the additional traffic calming measures. The $200,000 security will be
released to the Subdivider once City-approved speed surveys demonstrate that traffic speeds
comply with City NTM thresholds.
4. The Subdivider has deposited a security or securities in the amount specified in Exhibit 2 to
guarantee completion of the design of the subdivision improvement plans specified in
Exhibit 2. The security or securities shall be released upon City approval of the plans.
5. The Subdivider has deposited a security or securities in the amount specified in Exhibit 2 to
guarantee completion of the subdivision improvements specified in Exhibit 2. Release of the
security or securities shall be in accordance with the provisions of this Subdivision
Agreement, the City’s Municipal Code, California Government Code and California Civil
Code.
Packet Pg. 239
7
8
EXHIBIT 1
TRACT 3063-PHASE 1
SUBDIVISION AGREEMENT
Page 2 of 2
6. The Subdivider has deposited a security in the amount specified in Exhibit 2 to guarantee
acquisition of the necessary off-site right-of-way to construct the required subdivision
improvements. The security shall be released once offers of dedication for all the necessary
off-site right-of-way have been completed to the satisfaction of the City Engineer and are
recorded. In the event the Subdivider is unsuccessful in acquiring all necessary right-of-way,
the City may utilize the security for condemnation purposes.
7. The Subdivider has deposited a security in the amount specified in Exhibit 2 to guarantee
completion of the Tank Farm Road and Orcutt Road frontage improvements and the Tank
Farm/Orcutt intersection improvements. This security guarantees the completion of Phase 1
Tank Farm and Orcutt frontage improvements as shown on the approved plans for Tract
3063, the 200’ long right turn lane on Tank Farm at the intersection as required per
Mitigation Measure T-1(a), the realignment of the Tank Farm/Orcutt intersection to
eliminate the skew per Condition #28, and installation of interim or permanent left-turn
pockets at the Tank Farm/Wavertree and Tank Farm/Brookpine intersections.
8. Deposits for plancheck and inspection fees for the subdivision improvements have been paid
as listed in the attached Exhibit 2. The remainder of the plancheck and inspection fees for
each plan shall be paid prior to each plan approval.
9. Park-in-lieu fees will be paid at time of issuance of building permit per the fee schedule in
effect at that time. Credit is available to subdivider for dedication of approved parkland.
10. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
11. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
12. The subdivider shall comply with all requirements of Council Resolution 10619 (2015
Series) approving the tentative map.
13. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #49. The fee
of $__________ was approved by the City Engineer in accordance with City Engineering
Standards and guidelines and satisfies the requirements of Condition #49 solely for
Tract 3063-Phase 1. The Subdivider will be required to review this condition with the City
Engineer upon each subsequent phase of development to determine if additional fees, testing, or
pavement repair will be required as a result of impacts from future phases.
Packet Pg. 240
7
9
EXHIBIT 2
TRACT 3063-PHASE 1 - FEE AND BOND LIST
3987 Orcutt
Page 1 of 2
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance to guarantee
construction and completion of the
following subdivision improvements
$22,623,000 xxx xxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
Offsite Water Main Extension
(FMAP-2242-2015/ FMAP-4024-2016)
$554,100
On-Site Grading
(FMAP-3901-2016)
$277,700
Tiburon Road Improvements
(FMAP-2241-2015)
$2,837,600
On-Site Improvements
(FMAP-2631-2016)
$1,0027,700
Off-Site Landscaping
(FMAP-4234-2016)
$175,200
Hansen Creek Bridge
(FMAP-4247-2016)
$2,200,000
Tiburon Bridge
(FMAP-4312-2016)
$2,200,000
Tank Farm & Orcutt Frontage &
Intersection
(FMAP-1718-2015/FMAP-4096-2016)
$3,991,000
Park Lot 168 Rough Grading
(FMAP-xxxx-xxxx)
$360,000
Labor & Materials (50% of total cost of
above improvements)
$11,311,500 xxx xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Total Faithful Performance to complete
design of above subdivision
improvements
$1,000,000 xxx xxx Can be released upon City’s approval of
the required subdivision improvement
plans
Total Faithful Performance to complete
acquisition of off-site right-of-way to
construct the above improvements
$5,000,000 xxx xxx
Faithful Performance
for completion of traffic speed surveys
and installation of additional traffic
calming measures
$200,000 xxx xxx
Faithful Performance of the Special
Status Plant and Natural Community
Mitigation and Monitoring Plan
$xxx xxx xxx
Monument Guarantee $xx,xxx CD or
Letter of
Credit
xxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty $2,262,300 To be collected
prior to release of
Faithful
Performance Bond
Can be released one-year after
acceptance of improvements, if no
defects.
Packet Pg. 241
7
10
EXHIBIT 2
TRACT 3063-PHASE 1 - FEE AND BOND LIST
3987 Orcutt
Page 2 of 2
Fees:
Map Check Fee $29,458 Check 2/14/16
Plan Check Fee Deposit $8,860 Check xxxx Remainder of fee due prior to plan
approval
Improvement Plan Inspection Deposit $287,615 Check xxxx Remainder of fee due prior to plan
approval
Roadway Maintenance Fee (Condition #49) $xxx xxx xxx
Park In-Lieu Fee1 To be collected with building permit. Credit to be
given for approved parkland dedication.
Affordable Housing Requirements See Affordable Housing Agreement
Water Impact Fee1 To be collected with building permit
Wastewater Impact Fee1 To be collected with building permit
Transportation Impact Fee1 To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
Packet Pg. 242
7
R _____
RESOLUTION NO. (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 3063-PHASE 1 (3987 ORCUTT ROAD, TR/ER 114-14)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3063, as prescribed in Resolution No. 10619 (2015 Series); and
WHEREAS, Section 17 of a recorded Deed of Open Space and Conservation Easement
(Doc.# 2012-018089) requires the City transfer this easement to another entity if City ever takes fee
possession of the property. Subdivider will be granting the property encompassing the easement area
in fee to the City. City has determined that the cost to transfer the easement is prohibitive. The Local
Agency Formation Commission (LAFCO) has indicated a willingness to waive the transfer
requirement if City enters into a covenant to restrict the use of that area; and
WHEREAS, there are certain private drainage easements being proposed to be constructed
on City open space lots and within City right-of-way which will require that the City grant a Private
Drainage Easement to the subdivder/homeowner’s association to construct and maintain these
improvements; and
WHEREAS, the City is actively working with the subdivider on an Affordable Housing
Agreement for proposed transfer of affordable housing units and dedication of land to a non-profit
housing developer which shall be completed prior to map recordation; and
WHEREAS, all the requirements, conditions and mitigation measures of said Resolution
No. 10619 (2015 Series) that are applicable to Phase 1 are completed or appropriate securities will
be in place prior to map recordation to guarantee their completion; and
WHEREAS, the subdivider has completed all required subdivision improvements applicable
to Phase 1 or will submit appropriate securities to guarantee installation of the required subdivision
improvements as shown on the approved plans prior to map recordation, and all fees have been
received or will be received prior to map recordation, as prescribed in the Subdivision Agreement;
and
WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact
Report (FEIR) were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map
#3063 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration
(IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted
on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project. Approval of a final map is statutorily exempt under the
California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA
Guidelines).
Packet Pg. 243
7
Resolution No. (2017 Series) Page 2
R _____
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City is subject to the requirements of a Deed of Open Space and
Conservation Easement described in Doc. #2012-018089 recorded in the Office of the County
Recorder of San Luis Obispo County. The Mayor is authorized to act on behalf of the City and
execute any documents in a form approved by the City Attorney related to the transfer of the
easement to an approved non-profit or other approved entity; alternatively, the Mayor is authorized
to execute a Restrictive Covenant in a form approved by the City Attorney, Natural Resources
Manager and the Community Development Director.
SECTION 2. The Mayor is authorized to act on behalf of the City to approve a Private
Drainage Easement Agreement for Tract 3063-Phase 1 to allow private drainage improvements
within City-owned lots and street right-of-way in a form approved by the City Attorney and the Public
Works Director.
SECTION 3. The final map for Tract 3063-Phase 1 is found to be in substantial compliance
with the tentative map.
SECTION 4. The Subdivision Agreement for Tract 3063-Phase 1 is approved and the Mayor
is authorized to approve minor revisions to the agreement and execute the document.
SECTION 5. Approval of the final map for Tract 3063-Phase 1 is hereby granted.
SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 7. Environmental Review. The 2010 Final Environmental Impact Report for the
Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative
Tract Map 3063 constitute the complete environmental determination for the project. Approval of a
final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant
to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the
California Code of Regulations (State CEQA Guidelines).
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Packet Pg. 244
7
Resolution No. (2017 Series) Page 2
R _____
The foregoing resolution was adopted this ______ day of _______________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
Packet Pg. 245
7
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2467
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2477
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2487
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2497
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#1211071050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107MATCH LINEMATCH LINE SEE SHEET 6MATCH LINE SEE SHEET 8MATCH LINESEE SHEET 8MATCH LINE SEE SHEET 8SEE SHEET 7MATCH LINE SEE SHEET 9Packet Pg. 2507
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107SEE SHEET 9Packet Pg. 2517
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107MATCH LINE - SEE SHEETS 6SEESHEET 8MATCH LINESEE SHEETS 5Packet Pg. 2527
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107MATCHLINESEE SHEET 9MATCHLINESEE SHEET 9MATCHLINESEE SHEET 5MATCHLINESEE SHEET 7Packet Pg. 2537
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107MATCH LINESEE SHEET 08SEE SHEET 06MATCH LINESEE SHEET 05MATCH LINEPacket Pg. 2547
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2557
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2567
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863JOB#121107Packet Pg. 2577
Page intentionally left
blank.
Packet Pg. 258
7
GT
A Presentation Prepared By:
For the City of Son Luis Obispo
City Council
February 21, 2017
Orcutt Area Specific Plan — Ambient Communities
-- AMBIENT COMMUNITIES
T
..tl111M rr14Vt A.Aim W
nom'
SPECIFIC PLAN
2/22/2017
1
Ambient Communities Projects
.r
FeHh I , � •� y
� •-,tea—aaa.wy ,
Orcutt Area Specific Plan: Ambient Communities
Imel Ranch
AMBIENT COMMUNITIES
® IMEL PROPERTY
ti P6l IFIL I'L.1S
.� �wnrRwr.
CFIC PLAN
2/22/2017
2/22/2017
Imel Ranch
RIGHETTI I IMEL PROPERTY
Imel Ranch Summary
1. Involved Staff in the very beginning and
collaborated through the process
2. Worked with staff through an extensive
review
3. Planning Commission Recommended
Approval
4. The result is a good project that meets the
objectives and is consistent with the GASP
with recommended approval
5. We request your approval with the height
exception up to 30 feet
Ambient Communities Projects
y^ i �. .. spn� �� •�i��rr�i
it
2/22/2017
4