HomeMy WebLinkAbout03-21-2017 Item 06 - Approval of the Final Map for Tract 3066-Phase 2, 3761 Orcutt Road (SBDV-0067-2014) Meeting Date: 3/21/2017
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3066-PHASE 2,
3761 ORCUTT ROAD (SBDV-0067-2014)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 3066-Phase 2 located at 3761 Orcutt Road
and authorizing the Mayor to execute a Subdivision Agreement and Biological Open Space
Easement Agreement in a form subject to the approval of the City Attorney.
DISCUSSION
Background
Tract 3066 (SBDV-0067-2014) is located at 3761 Orcutt Road (Attachment A). This subdivision
is commonly known as the Jones subdivision. A vesting tentative map for Tract 3066 was
approved by the City Council on May 19, 2015, by Resolution No. 10620 (2015 Series)
(Attachment B). The tentative map (Attachment C) approved the creation of three mixed use lots,
14 lots for constructing up to 43 condominium units and common areas, two open space creek
lots, nine single family lots for the subdivider (Ambient Communities) to develop, and four or
five single family lots for the Jones family to develop dependent on the alignment of Tiburon, for
a total of up to 33 lots. The Jones lots are commonly referred to as the “homestead lots.”
The tentative map approval included options for a temporary and preferred alignment for
Tiburon Road. The preferred alignment would line up the intersection with existing Tiburon on
the east side of Orcutt, but was dependent upon acquisition of off-site right-of-way. The
subdivider of Tract 3066 has acquired the necessary right-of-way for the preferred Tiburon
alignment, which resulted in the additional property needed to create the fifth single family lot
for the Jones family. The fifth homestead lot was discussed in the tentative map staff report and
included in the conditions of approval for Tract 3066 and is therefore consistent with the
approved tentative map.
On December 13, 2016, Council approved a final map for a first phase of Tract 3066 to create
two lots solely for financing purposes. The Phase 1 map recorded on December 21, 2016. All
conditions of Tract 3066 were deferred to Phase 2, which is the last phase of this subdivision.
The Phase 2 map will create 33 lots as follows:
1. Three mixed-use lots
2. Seven lots for up to 43 condominium units
3. Five common area lots for parking, private streets, and private drive aisles
4. Two common area lots for private open space and drainage
5. Two HOA-owned lots for preservation of creek/biological open space
6. Nine lots for single family homes for subdivider
7. Five lots for the Jones homestead site
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Subdivision Improvements
The public improvements required for this subdivision consist of the streets fronting the
subdivision (Sponza Drive, Tiburon Way, Orcutt Road, and Ranch House Road), secondary
access to Tank Farm Road via Righetti Ranch Road, improvements at the Tank Farm/Orcutt
intersection, and utilities within the public streets. All of the on-site streets and utilities will be
privately owned and maintained.
The scope of the proposed subdivision improvements on Oructt Road and Tank Farm Road to be
constructed with Tract 3066-Phase 2 are the same as those discussed in detail in the staff report
for the Righetti Tract 3063-Phase 1 subdivision approved by Council on February 21, 2017. Said
improvements are shown in Attachment D.
Affordable Housing
As identified in Condition #90, 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 developer for construction of affordable units. The agreement will be
recorded prior to recordation of the final map.
Open Space Agreements
In order to preserve the natural biological resources, scenic beauty, and openness over the creek
areas, the Subdivider will enter into a Biological Open Space Easement Agreement with the City
to preserve Lots 31 and 32 as Biological Open Space. These lots will be owned and maintained
by the homeowner’s association subject to the restrictions in the easement agreement. The
resolution approving the final map (Attachment G) also authorizes the Mayor to sign the
Biological Open Space Easement Agreement.
The portion of creeks located on the Jones homestead Lots 1 and 3 will be preserved through a
Restrictive Covenant for Private Open Space that will be recorded against the property. As with
the Biological Open Space Easement Agreement, restrictions are placed on the use of the open
space area; however, the City is not a party to the covenant. There is language in the covenant
that it cannot be amended or terminated without prior City approval.
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. The Subdivision Map Act allows
for time extensions to be requested by the Subdivider and granted by the City.
The final map for Tract 3066-Phase 2 (Attachment E) 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 the
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.
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Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The
resolution approving the final map (Attachment G) 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.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR)
were approved and certified in March 2010. The Jones Vesting Tentative Tract Map #3066
(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 2. However, the public improvements that will be constructed with this phase will
result in an increase in maintenance costs for the public streets and public utilities upon acceptance
of the improvements by the City. 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.
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Attachments:
a - Vicinity Map
b - Resolution No. 10620
c - Tentative Map
d - Subdivision Improvements
e - Draft Final Map
f - Subdivision Agreement
g - Draft Resolution Approving Final Map
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RESOLUTION NO. 10620 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP NO. 3066 CREATING 33 LOTS FOR PROPERTY LOCATED AT 3765
ORCUTT ROAD
TR/ER SBDV- 0067 -2014; TRACT #3066 JONES)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on March 25 and April 8th, 2015 in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, for the purpose of considering SBDV- 0067 -2014, a vesting
tentative tract map subdividing an approximately 11.56 -acre site into 33 lots; and recommended
the City Council approve the Vesting Tentative Tract Map; and
WHEREAS, the April 8, 2015 Planning Commission hearing was for the purpose of
formulating and forwarding recommendations to the City Council of the City of San Luis Obispo
regarding the project; and
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. CEQA 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 SBDV- 0067 -2014 (Tract No. 3066):
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 #3066, as detailed herein.
2. A supplemental initial study has been prepared for VTM #3066 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) of environmental impacts, and recommends adoption of additional
mitigation measures to those imposed by the FEIR, all of which are incorporated below.
R 10620
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3. 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:
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 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.
ConstructionPhaseMiti agtion
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.
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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.
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.
Installations must be prepared according to manufacturer's specifications.
AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM10
emissions during all Specific Plan construction:
Reduce the amount of the disturbed area where possible.
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.
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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 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.
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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 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
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Federal Endangered Species Act (FESA) shall be used to authorize incidental take
when no other Federal agency such as the Corps is involved. This process includes
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. [OASP 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.
0 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).
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B -6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform
potential homebuyers and all HOA members of the potential for coyotes to prey on
domestic animals.
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. jubata)
Russian olive (Elaeagnus angusticifolia)
Scotch broom (Cytisus scoparius) and striated broom (C. striatus)
Spanish broom (Spartium junceum)
Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
Blue gum (Eucalyptus globulus)
Athel tamarisk (Tamarix aphylla)
B -6c Monitoring Program:
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
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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 -Id 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:
Be stable over the long term;
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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.
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
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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 Jones
Ranch (TR 3066), the improvement plans for the tract shall include connections to
future improvements planned by Tract 3063 (Righetti Ranch) to convey sanitary
sewer service to the existing connection points on Tank Farm Road. Prior to
recordation of Tract 3066, (a) the needed improvements through Tract 3063 shall be
completed and available to tie -in Tract 3066, or (b) Tract 3066 shall provide
easements and financial guarantees that guarantee Tract 3066 can proceed with
construction of Tract 3063 improvements to serve the Jones Ranch.
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.
S -4(d) 55- Gallon Drums. Prior to development on the property where 55- Gallon drums
were identified on FEIR Figure 4.9 -1, soils samples shall be taken in the vicinity of
the drums and analyzed for total extractable petroleum hydrocarbons (TEPH) by EPA
method 8015, heavy metals by CCR Title 22 metals, and solvents by EPA method
8260B. If levels of contaminants are found to exist in concentrations that exceed
regulatory thresholds, further sampling may be needed to determine the extent of
contamination. If contamination is delineated, an appropriate remediation method
shall be implemented according to the size of the area contaminated and the
contaminant involved.
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S -4d Monitoring Program:
Monitoring will include Engineering staff review of soils sampling and implementation of
appropriate remediation measures, if required, prior to tract construction in the vicinity of any
such positive sample(s).
TRANSPORTATION MITIGATION
T -4 Street B & Tiburon Way Alignment. Applicant shall align Street B with the
existing alignment of Tiburon Way and design the roadway curvature to maintain
appropriate residential speeds.
T -4 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.
T -6 Traffic Calming & Safety. Intersection of Streets A & B shall be controlled by a
single lane urban compact intersection. Eliminate Mid -block crosswalk on Street A.
Align curb, gutter, and sidewalk with Sponza Drive of the Taylor Wingate Project.
T -6 Monitoring Program:
Compliance and implementation shall be reviewed by the City Engineer's office with the
subdivision plans and accompanying final map prior to recordation of the final map.
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 construction 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
3066.
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SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City
Council does hereby approve application SBDV- 0067 -2014 TR/ER (VTM #3066, "Jones
Ranch "), a tentative tract map to create up to 33 residential, commercial and open space lots,
based on the following findings, and subject to the following conditions being incorporated into
the project:
Findingsl
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, R -3 -SP, R -4 -SP, and CC -MU zoning districts.
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 3066 and the required
architectural review process, which will allow for detailed review of development plans to
assure compliance with City plans, policies, and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, 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
recordation of the map, unless a deferral is requested by the subdvider and granted by the
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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, and intersection improvements.
3. The map and improvement plans shall provide for all minimum street improvements and
utility placements within the improved or partially improved streets adjoining the
subdivision as needed for orderly development to the satisfaction of the City. In some
cases, "dry" pipes may be required to be constructed under improved street sections for
the benefit of others.
4. Access rights shall be dedicated to the City along Orcutt Road except at approved
driveway locations and intersections as shown on the tentative map or as otherwise
approved by the city.
5. 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 frontages of the Mixed Use
Commercial Lots 24 — 26. The easements may be removed or reduced under the footprint
of proposed buildings.
6. The subdivider shall dedicate all public Open Space in fee to the City, consistent with the
OASP, in conjunction with or prior to the Phase 1 map recordation unless otherwise
deferred or a reimbursement agreement is processed. Deferral shall be approved by the
City and may require that all appropriate OASP fees are paid as a condition of
development. The land shall be granted free and clear of all encumbrances to the
satisfaction of the City.
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 C /OS Lots 31 and 32 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 may be required for specific open space areas, creek corridors,
bikeways, and utility corridors in a format approved by the City.
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9. A wildland fuel management /reduction zone along with any required easements and /or
zone limits shall be provided for Lots 31 and 32 to the satisfaction of the Fire Chief. If
required, the 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, weed abatement, and creek
maintenance within the established fuel reduction zone and private open space areas.
10. 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 to clarify development
restrictions, conditions of development, and references to any pertinent conditions related
to the OASP and City codes and ordinances.
11. Off -site easements and /or dedications may be required to facilitate secondary points of
access, through street access, and public water and sewer main extensions beyond the tract
boundary and in accordance with the GASP. 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.
12. 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).
13. 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:
i. Property legal description and sketch stamped and signed by a
Licensed Land Surveyor or Civil Engineer authorized to practice land
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surveying in the State of California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. 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
14. 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.
15. Unless an alternate access and egress plan is approved to the satisfaction of the Public
Works Director and the Fire Chief, the westerly Phase 1 of Jones Ranch shall be provided
with a secondary access to Orcutt Road in conjunction with an access to Tank Farm Road.
The completion of development may need to be deferred to Phase 2 or the B Street bridge
would need to be construction in conjunction with Phase 1. 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 prior to commencing with combustible construction.
16. 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.
17. 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 concepts
identified in the GASP, 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.
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18. 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.
19. The improvement plans shall include all final line -of -sight analysis at certain 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 may be required.
20. 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.
21. The public improvement plans may need to include full frontage improvements on Orcutt
Road from north of B Street to Tank Farm Road, including the Imel and Garay properties.
The northerly transition may require improvements across the Fiala frontage. The plans
shall show 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, OASP, 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.
22. 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 OASP full
build -out road section and adjoining road segments beyond the tract boundaries.
23. The Orcutt Road improvements shall be constructed as a condition 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 not feasible.
24. 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.
25. The applicant shall conduct neighborhood speed surveys one year after occupancy of
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each phase at locations approved by the Director of Public Works. If 85th percentile
speeds exceed current City NTM thresholds additional traffic calming measures shall be
installed. The applicant shall bond for these potential additional traffic calming measures.
26. All mitigation measures (MM) specific to Transporation requirements shall be provided
as detailed under CEQA section 1, above, to the satisfaction of the City Engineer.
27. 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 #3066. Any such program(s) will be subject to approval by the City Council.
28. The subdivider shall be responsible for securing the off -site right -of -way needs for
VTM #3066, and dedicating that right -of -way to the city as a condition of final map
approval.
On and Off -Site Improvements
29. 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.
30. Off -site improvements may include but are not limited to roadways, sewer mains, water
mains, stormdrain improvements, off -site access roadways, the water main extensions
provided by MM USS -1, and the "B" Street to Tiburon Way alignment improvements.
31. 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.
32. 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.
33. The subdivider shall provide additional documentation on the easement agreement related
to the existing well and appurtenances located on the Jones parcel and serving the Fiala
property. Some existing non - conformance was generally recognized per Appendix
Section A -2 of the OASP. Additional detail and clarifications may be required on the
final map and improvement plans to acknowledge any legal non - conforming utility
installations between the parcels /lots in question.
34. 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
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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.
35. 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.
36. Retaining wall and /or retaining wall /fence combinations along property lines shall be
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.
37. 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.
38. 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 frontage.
Utilities
39. 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 Jones Ranch Homeowners Association 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.
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40. 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.
41. 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.
42. Recycled water mains shall be extended along A Street, B Street, and /or Sponza to serve
the landscape irrigation of the project's R2 lots and commercial lots. Applicant shall work
with the Water Division of the City's Utilities Department to determine the appropriate
size of all proposed recycled water mains.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
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48. The subdivider shall provide a plan for meeting off -site wastewater main line extensions
as needed (pursuant to MM PS -4) through adjoining VTM43063. Said plan shall be
approved by the Utilities Director before approval and recordation of any final map.
49. 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.
50. 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.
51. 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. 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.
52. Omitted ....covered by COA #68 Righetti
53. The public improvement plan submittal shall show all existing and proposed overhead
wire utilities. Any existing overhead wiring within the tract boundary and adjoining
Orcutt Road shall be undergrounded in conjunction with the subdivision improvements.
Areas of road widening along Bullock Lane, if required for a secondary access, 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.
54. Terminal end utility poles shall be located off -site unless otherwise approved by the City.
55. Preliminary undergrounding plans for the entire subdivision shall be processed through
PGE and any respective wire utility companies in conjunction with the map recordation.
56. 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 adjoining
public streets as applicable per City Engineering Standards.
57. 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.
58. Lighting fixtures, including public streetlights shall not exceed 16' in height in accordance
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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 and Stormwater
59. Any permit approvals required from the Army Corp of Engineers, California 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.
60. 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 higher
governmental authority agency permits. Sensitive areas shall be staked, fenced, or
otherwise delineated and protected prior to commencing with construction, grading, or
grubbing.
61. 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.
62. 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.
63. 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.
64. 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
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Resolution No. 10620 (2015 Series)
Page 22
are more restrictive.
65. 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.
66. 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.
67. 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.
68. 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. 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.
69. 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.
70. 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.
71. 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.
72. The developer shall show legal entitlement to access or annex into the regional detention
basin or shall provide an alternate drainage solution and strategy to the satisfaction of the
City.
73. The proposed detention basin and any pre -basin shall be designed in accordance with the
OASP requirements and the Waterways Management Plan Drainage Design Manual. The
proposed surface runoff and drainage from the detention basin(s) shall include a non-
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Resolution No. 10620 (2015 Series)
Page 23
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.
74. 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.
75. 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.
76. 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.
77. 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 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.
78. 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.
79. 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.
80. 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).
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Resolution No. 10620 (2015 Series)
Page 24
Fire
81. The project shall provide a minimum of two points of access to the subdivision from an
existing public way wherever there are 30 or more housing units. Emergency Vehicle
Access points will NOT be accepted in lieu of full access.
82. 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.
83. 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
84. 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.
VTM #3066 shall have the option of establishing their own HOA, or be incorporated into
the "Master Homeowner's Association" (Master HOA) established under VTM #3063
Righetti Ranch). To the extent desired by the subdivider, individual phases of the
project may include sub - associations (such as for the affordable housing and /or townhome
products) 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:
a. The initial set of CC &R's provided for the VTM #3066 final map shall define
either an independent HOA for Jones Ranch, or will be automatically incorporated
into the Righetti Ranch Master HOA through annexation provisions of 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 #3066.
b. All private improvements shall be owned and maintained by the individual
property owners, sub - associations or the Master HOA 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.
c. 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.
d. No parking except in approved, designated spaces.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term
storage of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. 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
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Resolution No. 10620 (2015 Series)
Page 25
Garbage Company regarding the collection time and preferred location for the
placement of trash and recycling containers to minimize the obstruction of project
streets.
h. No changes in city- required provisions of the CC &R's will be considered valid and
in effect without prior City Council approval.
i. Provision for all of the maintenance responsibilities outlined in various conditions.
Planning Requirements
85. 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.
86. 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.
87. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
88. 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 OCR'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.
89. 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 recommendations 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.
90. 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, , and
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
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Resolution No. 10620 (2015 Series)
Page 26
compliance).
91. The tentative tract map as presented includes an option to create a fifth (51') homestead
parcel for Jones Ranch in the event that the `B" Street to (existing) Tiburon Way "preferred
road alignment" is completed. This alignment (off -site through the Imel property), is
described in Exhibit A which identifies how the 5t" parcel would be described and
accessed with utilities and vehicles.
92. A construction phasing plan shall be submitted to the Community Development Director
prior to the issuance of the first building permit.
93. 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 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.
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Resolution No. 10620 ( 2015 Series)
Page 27
j. Designated location(s) for construction worker parking.
94. 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.
95. 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.
96. 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.
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.
an Marx
ATTEST:
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Resolution No. 10620 (2015 Series)
Page 28
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 ti r} t° , day of _ T" ," , 20 r
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Resolution No. 10620 (2015 Series)
Page 29 Exhibit A
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Revision to VTTM 3066 ,..,.:,. c r tYOUT
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Packet Pg. 72
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Resolution No. 10620 (2015 Series)
Page 30 Exhibit A
Jones Homestead Lots Narrative Revision to
VTTM 3066: APN 004 - 705 -008
The Jones family is requesting to have five (5) homestead lots remain on their property as opposed to
the four lots originally submitted. Therefore Ambient Communities is requesting that the Vesting Tract
Map be updated to include the additional lot for a total of 66 lots. This request is enhanced by the
proposed solution for the option "A" road alignment for "B" Street and Tiburon which will best align
Tiburon as the preferred option.
Additionally the Jones family is requesting that, as the original owner, they retain ownership in fee of the
entire property. The Jones family will grant an open space easement to the City of San Luis Obispo for
the required open space areas on lot 1 and lot 3 of the proposed vesting tentative tract map. The Jones
family will continue to maintain the property. If desired, the Jones family will create a Common
Maintenance Agreement for the homestead lots to ensure the properties are properly maintained in
perpetuity.
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0156030 DECIDUOUS TREES Acer rubrum / Red Maple Calodendrum capense / Cape Chestnut Ginkgo biloba / Maidenhair Tree Jacaranda mimosifolia / Jacaranda Koelreuteria paniculata / Golden Rain Tree Lagerstroemia fauriei / Crape Myrtle Liquidambar styraciflua / American Sweet Gum Pistacia chinensis / Chinese Pistache EVERGREEN TREES Arbutus x `Marina` / Arbutus Standard Geijera parviflora / Australian Willow Lagunaria patersonii / Primrose Tree Magnolia grandiflora / Southern Magnolia Metrosideros excelsus / New Zealand Christmas Tree Quercus suber / Cork Oak Ulmus parvifolia / Chinese Elm ACCENT TREES Cassia leptophylla / Gold Medallion Tree Cercis occidentalis / Western Redbud Crataegus phaenopyrum / Washington Hawthorn Lagerstroemia indica / Crape Myrtle Pyrus communis / Common Pear RIPARIAN TREES Cornus Species / Dogwood Juglans hindsii / California Black Walnut Platanus racemosa / California Sycamore Populus fremontii / Fremont Cottonwood Quercus agrifolia / Coast Live Oak Salix Species / Willow SHRUBS - 6` TO 10` Alyogyne huegelii / Blue Hibiscus Arctostaphylos Species / Manzanita Buddleja davidii / Butterfly Bush Carpenteria californica / Bush Anemone Ceanothus Species / Wild Lilac Cercocarpus betuloides / Mountain Mahogany Dendromecon harfordii / Island Bush Poppy Dodonaea viscosa / Hopseed Bush Fremontodendron californicum / California Flannel BushGarrya elliptica / Coast Silktassel Heteromeles arbutifolia / Toyon Leptospermum Species / Tea Tree Myrtus communis / Common Myrtle Rhamnus crocea / Redberry Rhus ovata / Sugar Bush Ribes aureum / Golden Currant Ribes speciosum / Fuchsia Flowering Gooseberry Romneya coulteri / Matilija Poppy Rosmarinus officinalis `Tuscan Blue` / Tuscan Blue Rosemary SHRUBS - 3` TO 5` Agave attenuata / Agave Anigozanthos flavidus / Kangaroo Paw Arctostaphylos Species / Manzanita Artemisia californica / California Sagebrush Baccharis pilularis / Dwarf Coyote Brush Callistemon viminalis `Little John` / Dwarf Weeping Bottlebrush Ceanothus Species / Wild Lilac Cistus Species / Rock Rose Elymus condensatus `Canyon Prince` / Canyon Prince Wild Rye Eriogonum arborescens / Santa Cruz Island Buckwheat Helictotrichon sempervirens / Blue Oat Grass Lavandula Species / Lavender Leonotis leonurus / Lion`s Tail Muhlenbergia rigens / Deer Grass Perovskia Species / Russian Sage Phlomis fruticosa / Jerusalem Sage Phormium tenax / New Zealand Flax Pittosporum tobira `Variegata` / Variegated Mock Orange Salvia Species / Sage SHRUBS/ GROUNDCOVER - TO 2` Achillea millefolium / Common Yarrow Arctostaphylos Species / Manzanita Baccharis pilularis / Dwarf Coyote Brush Ceanothus Species / Wild Lilac Chamaemelum nobile / Chamomile Correa Species / Australian Fuchsia Cotoneaster Species / Cotoneaster Deschampsia cespitosa / Tufted Hair Grass Dietes bicolor / Fortnight Lily Echeveria Species / Hens and Chicks Eriogonum fasciculatum / Common Buckwheat Festuca glauca / Blue FescueMimulus aurantiacus / Sticky Monkey Flower Myoporum parvifolium / Trailing Myoporum Rosmarinus officinalis `Prostratus` / Dwarf Rosemary Sedum Species / Stonecrop Symphoricarpos mollis / Creeping Snowberry Thymus Species / Thyme SHRUBS - RIPARIAN AREAS Baccharis pilularis / Dwarf Coyote Brush Carex Species / Ice Dance Sedge Distichlis Species / Saltgrass Heteromeles arbutifolia / Toyon Mimulus aurantiacus / Sticky Monkey Flower Mimulus guttatus / Seep Monkeyflower Myrica californica / Pacific Wax Myrtle Rhamnus californica / California Coffee Berry Ribes speciosum / Fuchsia Flowering Gooseberry Rosa californica / California Wild Rose Rubus ursinus / California Blackberry Sambucus mexicana / Mexican Elderberry TURF - CONCEPT PLANT SCHEDULE "B" STREET"A" STREETSPONZA STREETEXISTING TREES TO REMAINTTSchematic Planting PlanL1Packet Pg. 836
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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 3066-Phase 2, City of San Luis
Obispo, California, as approved by the City Council on the ____ day of _______________,
201___.
The Subdivider desires that said Tract 3066-Phase 2 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.
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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.
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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.
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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,
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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.
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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
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EXHIBIT 1
TRACT 3066-Phase 2
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 #3066 Mitigation Measures to mitigate for the loss of special status plant
species and vegetation community as a result of project implementation. The Subdivider has
submitted a rider to the Tract 3063-Phase 1 bond 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 #25 of Council Resolution No. 10620 (2015 Series), the Subdivider
has deposited a faithful performance security in the amount of $25,000 to retain a qualified
traffic consultant to conduct neighborhood speed surveys one year after final occupancy of
Tract 3066-Phase 2 on the perimeter streets of the subdivision (Sponza Drive, Ranch House
Road, and Tiburon Way). If the 85th percentile speeds exceed current City Neighborhood
Traffic Management (NTM) thresholds, additional traffic calming measures shall be
installed. The $25,000 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 $25,000 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.
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EXHIBIT 1
TRACT 3066-Phase 2
SUBDIVISION AGREEMENT
Page 2 of 2
6. The Subdivider has submitted a rider to the Tract 3063-Phase 1 bond 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. 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.
8. Park-in-lieu fees will be paid at time of issuance of building permit per the fee schedule in
effect at that time.
9. 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.
10. 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.
11. The subdivider shall comply with all requirements of Council Resolution 10620 (2015
Series) approving the tentative map.
12. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #35. The fee
of $__________ submitted with Tract 3063-Phase 1 also includes the cost to satisfy the
requirements of Condition #35 for Tract 3066-Phase 2.
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EXHIBIT 2
TRACT 3066-Phase 2 - FEE AND BOND LIST
3761 Orcutt
Page 1 of 2
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
The following Faithful Performance bonds have been
submitted in conjunction with Tract 3063-Phase 1, but are
also required to satisfy conditions of Tract 3066-Phase 2.
Rider to
Tract
3063-
Phase 1
bond
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 Tract 3063-Phase 1
(FMAP-3901-2016)
$277,700
Tiburon Road Improvements
(FMAP-2241-2015)
$2,837,600
On-Site Tract 3063-Phase 1 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
Orcutt Frontage & Tank Farm/Orcutt
Intersection
(FMAP-1718-2015/FMAP-4096-2016)
$3,991,000
Labor & Materials for above Tract
3063-Phase 1 improvements (50% of
total cost of above improvements)
Rider to Tract 3063-Phase 1
bond
xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Faithful Performance to construct
Tract 3066-Phase 2 On-Site
Improvements
(FMAP-0020-2017)
$xx,xxx xxx xxx
Labor & Materials (50% of cost of
improvements) construct Tract 3066-
Phase 2 On-Site Improvements
$xx,xxx xxx xxx
Faithful Performance to complete design
of Tract 3066-Phase 2 On-Site
Improvement Plans
(FMAP-0020-2017)
$xx,xxx CD xxx
Faithful Performance to construct
Affordable Housing frontage
improvements
(FMAP-xxxx-xxxx)
$xx,xxx xxx xxx
Labor & Materials (50% of cost of
improvements) to construct Affordable
Housing frontage improvements
$xx,xxx xxx xxx
Faithful Performance to complete design
of the Affordable Housing frontage
improvement plans (FMAP-xxxx-xxxx)
$xx,xxx CD xxx Can be released upon City’s approval of
the required subdivision improvement
plans
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EXHIBIT 2
TRACT 3066-Phase 2 - FEE AND BOND LIST
3761 Orcutt
Page 2 of 2
Amount Form Date Received Bond Release Status
Bonds and Guarantees (continued)
Total Faithful Performance to complete
acquisition of off-site right-of-way to
construct the above improvements
Rider to Tract 3063-Phase 1
bond
xxx See Exhibit 1 for when bond can be
released.
Faithful Performance
for completion of traffic speed surveys
and installation of additional traffic
calming measures
$25,000 xxx xxx See Exhibit 1 for when bond can be
released.
Faithful Performance of the Special
Status Plant and Natural Community
Mitigation and Monitoring Plan
Rider to Tract 3063-Phase 1
bond
xxx See Exhibit 1 for when bond can be
released.
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 TBD TBD To be collected
prior to release of
FP Bond
Can be released one-year after
acceptance of improvements, if no
defects.
Fees:
Map Check Fee $18,860 Check 11/3/15
Plan Check Fee Deposit $xx,xxx Check xxxx Remainder of fee due prior to plan
approval
Improvement Plan Inspection Deposit $xx,xxx Check xxxx Remainder of fee due prior to plan
approval
Roadway Maintenance Fee (Condition #35) Submitted with Tract 3063-Phase 1
Park In-Lieu Fee1 To be collected with building permit.
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.
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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 3066-PHASE 2 (3761 ORCUTT ROAD, SBDV-0067-2014)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3066, as prescribed in Resolution No. 10620 (2015 Series); 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. 10620 (2015 Series) will be completed or appropriate securities will be in place prior to map
recordation to guarantee their completion; and
WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact
Report (FEIR) were approved and certified in March 2010. The Jones Vesting Tentative Tract Map
#3066 (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).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Mayor is authorized to act on behalf of the City to approve a Biological
Open Space Easement Agreement for Tract 3066-Phase 2 in a form approved by the City Attorney
and the Natural Resources Manager.
SECTION 2. The final map for Tract 3066-Phase 2 is found to be in substantial compliance
with the tentative map.
SECTION 3. The Subdivision Agreement for Tract 3066-Phase 2 is approved and the Mayor
is authorized to approve minor revisions to the agreement and execute the document.
SECTION 4. Approval of the final map for Tract 3066-Phase 2 is hereby granted.
SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 6. Environmental Review. The 2010 Final Environmental Impact Report for the
Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative
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Resolution No. (2017 Series) Page 2
R _____
Tract Map 3066 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:
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
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