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HomeMy WebLinkAboutItem #2 SBDV-1225-2017 (3750 Bullock Lane) Common Interest Subdivision PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of a common interest Vesting Tentative Tract Map No. 3111 to create 30 residential lots and an HOA lot on the Pratt property, Parcel 2 of Vesting Tentative Parcel Map SLO- 17-0127, within the Orcutt Area Specific Plan with a statutory exemption from environmental review in accordance with Government Code section 65457. PROJECT ADDRESS: 3750 Bullock Lane BY: Rachel Cohen, Associate Planner Phone: 781-7475 e-mail: rcohen@slocity.org FILE NUMBER: SBDV-1225-2017 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Adopt a resolution recommending the City Council approve Vesting Tentative Tract Map (VTM) No. 3111 (see Attachment 1, Draft Resolution). SITE DATA Applicant Righetti Ranch LP Representative Pam Ricci, RRM Design Group Zoning R-3-SP General Plan Orcutt Area Specific Plan (OASP), Medium-High Density Residential Site Area 1.89 acres Environmental Status Exempt from environmental review in accordance with Government Code section 65457. SUMMARY The applicant, is requesting approval of Vesting Tentative Tract Map (VTM) No. 3111 on property identified as the southern Pratt Property within the Orcutt Area Specific Plan (OASP), to create 30 residential lots and one Homeowner Association (HOA) lot on Parcel 2 of Vesting Tentative Parcel Map SLO-17-0127. 1.0 COMMISSION’S PURVIEW The Planning Commission’s role is to make recommendations to the City Council on the applicant’s request for a VTM. Meeting Date: March 28, 2018 Item Number: 2 PC2 - 1 SBDV-1225-2017/ VTM No. 3111 Page 2 2.0 PROJECT INFORMATION The OASP and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The OASP designated the project site for medium-high density residential development (R-2-SP). The project site (as part of the overall Specific Plan area) was annexed into the City in 2012. 2.1 Site Information/Setting The Orcutt Area Specific Plan (OASP) includes 230.85 acres located in the southeastern portion of the City, bounded by Orcutt and Tank Farm Roads, and the Union Pacific Railroad (UPRR) tracks near Bullock Lane. The Pratt Property is located along the western edge of the OASP, immediately east of the Union Pacific Railroad. Recent subdivision approvals within the OASP include: • Jones Ranch VTM No. 3066 (approved May 19, 2015) • Righetti Ranch VTM No. 3063 (approved May 19, 2015) • Imel Ranch includes VTM No. 3095 (approved February 21, 2017) • Pratt Property Vesting Tentative Parcel Map SLO-17-0127 (approved March 12, 2018) (see Figure 2 below). The site consists of non-developed land that has been used for storage with access via a dirt road connected to Bullock Lane. Jones Righetti Pratt, Parcel 2 Imel Figure 1: Approximate location of the Pratt property, Parcel 2 of Vesting Tentative Parcel Map SLO-17-0127 indicated in blue and approximate Jones, Righetti, and Imel subdivisions. PC2 - 2 SBDV-1225-2017/ VTM No. 3111 Page 3 2.2 Project Description The proposed project is to create a common interest subdivision that includes 30 residential lots and one Homeowner Association (HOA) lot on Parcel 2 of Vesting Tentative Parcel Map SLO-17- 0127. The applicant is proposing to build townhomes that would have shared driveway and guest parking spaces. The project will submit plans for architectural review at a later date as allowed per the Subdivision Regulations.1 3.0 PROJECT ANALYSIS The project analysis summarized below focuses on the project’s consistency with the OASP and the City’s Subdivision Regulations. 3.1 OASP Chapter 2: Conservation, Open Space, and Recreation OASP Chapter 2 policies focus on protection of Righetti Hill, creeks, wetland habitats, and visual resources, while introducing a variety of parks and recreational uses for the residents of the Orcutt area. Figures 2.1 and 2.4 of the OASP show that the subject parcel does not contain any wetland or creek areas and does not contain any areas that have been designated for open space or parks. Regarding recreation, the OASP does not establish any public park areas on the project site; therefore, this project will contribute to the Public Facilities Financing Plan (PFFP) required by the OASP, in the form of fee payments to contribute their fair share to park improvements constructed on other properties in the Orcutt Planning Area. 3.2 OASP Chapter 3: Land Use and Development Standards Proposed VTM No. 3111 includes medium-high density residential uses. Density assigned to the Pratt Property under the OASP calls for between 49-55 residential units for the entire parcel. Parcel 2 proposes 30 residential units, Parcel 1 will be dedicated for 54 affordable housing units, and Parcel 3 will be required to have residential projects as part of a mixed-use development. At 30 units, the proposed subdivision of Parcel 2 will provide a substantial number of residential units 1 Subdivision Regulations Section 16.12.020(B)1: A statement that Architectural Review approval has been granted, or a complete application for Architectural Review approval and plans have been filed which will be concurrent ly processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map. Tentative Maps that are part of a Planned Development Zoning application or are part of a Specific Plan are exempt fro m this requirement. Figure 2: Pratt Property Vesting Tentative Parcel Map SLO-17-0127; Parcel 2 is highlighted. PC2 - 3 SBDV-1225-2017/ VTM No. 3111 Page 4 that will contribute to the projected residential densities for the site.2 The project would comply with the cumulative density anticipated in the OASP, which ranges from 892 to 979 residential units.3 The Pratt property is connected to the Jones, Righetti, and Imel tracts in the OASP that have proposed to meet their affordable housing requirements identified in OASP Policies 3.3.1 and 3.3.24 together. Attachment 3 is a signed agreement outlining the number of affordable units and the dedication of Parcel 1 of the Pratt Property for 54 affordable units and 9 affordable units on the Jones Tract to meet the affordable housing requirements for all these subdivisions, including the subject VTM No. 3111. 3.3 OASP Chapter 4: Community Design OASP Community Design Policies express a desire for a compatible mix of architectural designs and include design standards for R-3 development. Architectural plans have not been provided nor are required at this time. Condition No. 4 states that the project will require architectural review prior to the submittal of building plans. 3.4 OASP Chapter 5: Circulation The proposed subdivision includes roadway, sidewalks, pathways, and lot configurations consistent with the OASP that are designed to encourage pedestrian connections and accessibility within the site to other Orcutt neighborhoods. As conditioned, the project will establish a vehicle and pedestrian access easement between Parcels 1, 2, and 3. 3.5 OASP Chapters 6 and 7: Public Utilities and Services The preliminary on-site infrastructure plans proposed for VTM No. 3111 have been reviewed by engineering, public works, and utilities staff and are adequate for serving the proposed project. Policies directed at meeting fire codes, law enforcement, health, maintenance, transportation and recycling will be applied during the project review, consistent with City codes and regulations as outlined in the OASP.5 3.6 Subdivision Regulations The applicant is requesting a common interest subdivision that includes easements for shared driveways and parking spaces. Sheet L2 of the VTM provides project statistics regarding open space requirements, common recreation facilities and storage requirements (Attachment 2). As proposed, the map is consistent with the subdivision regulations6 and includes 100 square feet of private open space and 200 cubic feet of storage space for each lot. The subdivision regulations state that a common interest subdivision provide a minimum of twenty square feet per unit of common indoor recreation facilities, or forty square feet per unit of improved outdoor recreation 2 Policy 3.1d notes that new subdivisions shall be designed to achieve at least the low range of units 3 OASP Table A-2 Development Potential by Landowner 4 Policy 3.3.2 requires minimum 10% moderate income and 5% low income affordable dwelling units 5 See OASP Chapter 7 Public Services 6 Subdivision Regulations Section 16.17.030 A-H. PC2 - 4 SBDV-1225-2017/ VTM No. 3111 Page 5 facilities.7 The project site will be located directly across the street from the OASP’s Central Neighborhood Park (see Figure 3). As noted in Section 3.1 above, the OASP requires fees to be paid for the development of the parks identified within specific plan, such as the Central Neighborhood Park.8 The park will provide a substantial amount of outdoor recreational space that will be within walking distance from the proposed subdivision. Staff finds that payment of fees and the adjacency of the Neighborhood Park meets the intent of the Subdivision Regulation requirement for common outdoor recreation facilities. 4.0 ENVIRONMENTAL REVIEW The proposed project has been analyzed pursuant to Government Code 65457 that states: (a) Any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan for which an environmental impact report has been certified after January 1, 1980, is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources 7 Subdivision Regulations Section 16.17.030.E. Common Recreation Facilities. 8 OASP Table 8.3-Benefit Unit Classifications and Cost per Unit. Pratt Property Parcel 2 Figure 3: Excerpt of the Orcutt Area Specific Plan Map showing the location of the subdivision site and the location of the neighborhood park. PC2 - 5 SBDV-1225-2017/ VTM No. 3111 Page 6 Code. However, if after adoption of the specific plan, an event as specified in Section 21166 of the Public Resources Code occurs, the exemption provided by this subdivision does not apply unless and until a supplemental environmental impact report for the specific plan is prepared and certified in accordance with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. After a supplemental environmental impact report is certified, the exemption specified in this subdivision applies to projects undertaken pursuant to the specific plan. (b) An action or proceeding alleging that a public agency has approved a project pursuant to a specific plan without having previously certified a supplemental environmental impact report for the specific plan, where required by subdivision (a), shall be commenced within 30 days of the public agency’s decision to carry out or approve the project. The proposed subdivision complies with Government Code 65457 because it is: 1. A subdivision for a residential project; 2. Consistent with the OASP; 3. No substantial changes have occurred as specified in Section 21166 of the Public Resources Code; and 4. Located within a specific plan with a Final EIR that was certified on March 2, 2010 by the City Council. 5.0 OTHER DEPARTMENT COMMENTS Staff comments provided during review of the proposed project are incorporated into the presented evaluation and conditions of approval. 6.0 ALTERNATIVES 6.1 Recommend the City Council deny Vesting Tentative Tract Map #3095. Staff does not recommend this alternative, because the project complies with the Orcutt Area Specific Plan and would help meet the City’s housing objectives. Findings of the Planning Commission concerning such a recommendation would require development of findings to support the recommendation. 6.2 Continue the item. An action to continue the item should include a detailed list of additional information or analysis required. 7.0 ATTACHMENTS 1. Draft Resolution 2. Project Plans 3. Affordable Housing Agreement PC2 - 6 R ______ RESOLUTION NO. PC-XXXX-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT A COMMON INTEREST VESTING TENTATIVE TRACT MAP NO. 3111 TO CREATE 30 RESIDENTIAL LOTS AND AN HOA LOT ON THE PRATT PROPERTY, PARCEL 2 OF VESTING TENTATIVE PARCEL MAP SLO-17-0127, WITHIN THE ORCUTT AREA SPECIFIC PLAN WITH A STATUTORY EXEMPTION FROM ENVIRONMENTAL REVIEW IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65457 (SBDV-1225-2017) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 28, 2018 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SBDV-1225-2017, a vesting tentative tract map subdividing an approximately 1.89-acre site into 31 lots; WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission 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 Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Planning Commission recommends that the City Council adopt the following findings in support of the project: a) 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 and will be consistent with the density and project amenities established by the Orcutt Area Specific Plan (OASP). b) The site is physically suited for the type and density of development allowed in the medium-high density (R-2) zone. c) The design of the vesting tentative tract map and the proposed improvements are not likely to cause serious health problems or substantial environmental damage since further development or redevelopment of the proposed parcels will occur consistent with Final EIR for the Orcutt Area Specific Plan and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. ATTACHMENT 1 PC2 - 7 Resolution No. _____ (2018 Series) Page 2 d) The design of the subdivision is consistent with the pattern of development prescribed in the Orcutt Area Specific Plan. e) 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. SECTION 2. Environmental Review. The project is statutory exemption from environmental review in accordance with Government Code section 65457 because the subdivision is: a) For a residential project; b) Consistent with the Orcutt Area Specific Plan; c) No substantial changes have occurred as specified in Section 21166 of the Public Resources Code; and d) Located within a specific plan with a Final EIR that was certified on March 2, 2010 by the City Council. SECTION 3. Action. The Planning Commission does hereby recommend the City Council approve application SBDV-1225-2017 (VTM No. 3111), a vesting tentative tract map to create up to 30 residential lots and one HOA lot, subject to the following conditions: Planning Division – Community Development Department 1. 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. 2. 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. 3. 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. 4. The project shall require architectural review to the satisfaction of the Community Development Director. ATTACHMENT 1 PC2 - 8 Resolution No. _____ (2018 Series) Page 3 5. The project shall comply with the mitigation measures outlined in the Orcutt Area Specific Plan EIR as approved by City Council in Resolution No. 10154 (2010 Series) prior to the approval of building plan permits. 6. The proposed project was deemed complete on January 17, 2018 and as such, the impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at the time the Vesting Tentative Map was deemed complete (adjusted for CPI increases), unless the vesting rights have expired as set forth in Government Code Section 66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in effect at time of building permits. 7. 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. Engineering Division – Public Works/Community Development Department Dedications and Easements 8. Any easements including but not limited to provisions for all public and private streets, utilities, access, grading, drainage, slope banks, construction, 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 map, unless a deferral is requested by the subdivider and granted by the City. Said easements may be provided for in part or in total as blanket easements. 9. 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 street/intersection improvements. 10. Access rights shall be dedicated to the City along Tiburon except at approved driveway locations and intersections as shown on the tentative map or as otherwise approved by the City. 11. The subdivider shall dedicate a 10’ wide street tree easement and 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. 12. 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 private pedestrian/bike paths, private open space, drainage systems, detention basin(s), landscape, landscape irrigation, common areas, pocket parks, and linear park improvements. ATTACHMENT 1 PC2 - 9 Resolution No. _____ (2018 Series) Page 4 13. 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 of approval related to infrastructure phasing by others. 14. Off-site easements and/or dedications may be required to facilitate through street access and public water and sewer main extensions beyond the tract boundary and in accordance with the OASP. Looped water mains may be required in accordance with the tentative map, development phasing, and the City water model to provide adequate service and compliance with adopted codes and standards. 15. Off-site dedication/acquisition of property for this public right-of-way purpose may be 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). 16. 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. The 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 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 ATTACHMENT 1 PC2 - 10 Resolution No. _____ (2018 Series) Page 5 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 17. 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. Building permits for combustible construction may be withheld until adequate services and access are provided. 18. The improvement plans and on-site development plans shall include all final line-of-sight analysis at driveways and 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. Improvement Plans 19. Improvement plans for the entire subdivision, including any off-site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. Off-site improvements may include but are not limited to roadways, sewer mains, water mains, and storm drain improvements. 20. The developer shall clarify whether this subdivision will be providing a new set of subdivision improvement plans to augment the approved Righetti Ranch subdivision improvement plans or whether the Righetti Ranch plans will be revised to accommodate this specific development. 21. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval. 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. Unless otherwise waived by the City Engineer, 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 ATTACHMENT 1 PC2 - 11 Resolution No. _____ (2018 Series) Page 6 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. 22. The architectural plans and subdivision 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 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. 23. Project addressing shall be established in conjunction with the subdivision improvement plans and/or development plans. Private street naming, if proposed, shall comply with City standards and addressing guidelines. 24. 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. The subdivision improvement plans/landscape plans shall show all required street tree plantings unless otherwise provided by others. Utilities 25. 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 subdivision 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. 26. 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. 27. 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 subdivision improvement plans. 28. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all public streets including Orcutt Road per City Engineering Standards. ATTACHMENT 1 PC2 - 12 Resolution No. _____ (2018 Series) Page 7 29. Private street lighting shall be provided along the private streets per OASP lighting requirements, City Engineering Standard and/or as approved in conjunction with final architectural approvals. 30. Lighting fixtures, including public streetlights shall not exceed 16’ in height in accordance with the OASP unless otherwise required for traffic safety. The developer shall submit a streetlight proposal for approval by the City Engineer for any public streetlights. Private street lights shall comply with OASP requirements and shall be approved to the satisfaction of the Planning Division. Grading, Drainage & Stormwater 31. 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. 32. 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/o r prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 33. 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. On site accessibility shall be reviewed and approved to the satisfaction of the Building Official. 34. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall show and note compliance with City Codes, Standards and Ordinances, Floodplain Management Regulations, OASP stormwater provisions, Waterways Management Plan Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board, whichever pertinent sections are more restrictive. 35. 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. 36. The subdivision improvement plans and/or the on-site development plans shall include a drainage report to show compliance with the Drainage Design Manual, Post Construction Stormwater Regulations, and OASP requirements. The report shall include pertinent references to the Righetti Ranch master drainage report and improvements where applicable. ATTACHMENT 1 PC2 - 13 Resolution No. _____ (2018 Series) Page 8 37. The developer shall prepare an Operations and Maintenance Manual for review a nd 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 Cit y prior to final inspection approvals and acceptance of subdivision improvements. 38. The subdivider/developer shall provide notification to private property owners regarding any individual maintenance responsibility of any non-HOA stormwater BMP’s in accordance with Section E.2 of the RWQCB Resolution R3-2013-0032. The notification may be by Notice of Requirements or other method acceptable to the City. 39. 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 any improvements proposed for location within the public rights- of-way. 40. The final details for the proposed bioretention and private stormwater management facilities along with any improvements located within the public right-of-way shall be approved to the satisfaction of the City. 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. 41. The subdivider shall submit CC&R's with the Final Map that establishes a Homeowner's Association (HOA). The HOA shall provide for the optional automatic annexation of the subdivision proposed for Parcel 3 as it relates to any shared stormwater BMP’s, access, or utilities. The CC&R's shall be approved by the City and shall be recorded prior to or concurrent with recordation of the Final Map. 42. 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 Subdiv ision Regulations and City Engineering Standards. 43. The final plans and drainage report shall show and note compliance with City Engineering Standard 1010.B for spring or perched groundwater management and for water quality treatment of run-off from impervious streets, drive aisles, parking areas, and trash enclosures. 44. 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. ATTACHMENT 1 PC2 - 14 Resolution No. _____ (2018 Series) Page 9 45. 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 Occurring Asbestos (NOA). Transportation Division - Public Works Department 46. Parking bay and stall dimensions shall meet City Engineering Standards. 47. In future submittal for parkway landscaping design along Tiburon Road, street trees or other landscaping exceeding 36” in height shall be located outside of sight distance triangle a t site driveways. 48. Project shall establish vehicle & pedestrian access easement between Parcel 1, 2 and 3. Final maps shall include continuous sidewalk along the private drive aisle (shown in Street Section C) extending to western parcel line to facilitate pedestrian connectivity between Parcel 1 and Parcel 2. Utilities Department 49. The final map shall include utility infrastructure in accordance with the engineering design standards in effect during the time a building permit is obtained and shall have reasonable alignments and clearances needed for maintenance. 50. The final maps shall include a sewer service study and additional off-site analysis of the proposed sewer services. The study scope shall be established and approved to the satisfaction of the Utilities Department. The study shall establish the minimum depth and pipe size of the required sewer system. 51. Sewer flow rates and flow velocities shall comply with the requirements of the 2016 Wastewater Collection System Infrastructure Renewal Strateg y. 52. Prior to issuance of a building permit, the development’s recycled water system shall comply with the requirements of the 2017 Recycle Water Master Plans and service area requirements. 53. Water flow rates and flow velocities shall comply with the requirements of the 2016 Potable Water Distribution System Operations Master Plan. The frontage improvements shall include construction of a 12-inch water main along Bullock, and new service connections from the existing water main along the Tiburon and Ranch House Road. 54. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on-site service laterals and meters shall be approved by the Utilities Director in ATTACHMENT 1 PC2 - 15 Resolution No. _____ (2018 Series) Page 10 conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 55. Revisions to the existing sewer and water infrastructure, that may result from the proposed project, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of the services. 56. Management of refuse generations for waste, recyclables, and organics shall comply with state law per AB 1826, and the local waste management ordinance to reduce greenhouse gas emissions. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: The foregoing resolution was adopted this 28th day of March 2018. ____________________________________ Doug Davidson, Secretary Planning Commission ATTACHMENT 1 PC2 - 16 ATTACHMENT 2PC2 - 17 ATTACHMENT 2PC2 - 18 ATTACHMENT 2PC2 - 19 ATTACHMENT 2PC2 - 20 ATTACHMENT 2PC2 - 21 ATTACHMENT 2PC2 - 22 ATTACHMENT 2PC2 - 23 N:\0301\0345-02-RS17-Pratt-Parcel-Entitlement-Civil\Planning\Landscape\AutoCAD\LP-0345-02-RS17.dwg, SHEET TITLE, Dec 21, 2017 3:42pm, akschmitzDECEMBER 22, 2017 PRATT PROPERTYVesting Tentative Tract Map, City of San Luis Obispo0feet401"=20' 2060PRELIMINARY LANDSCAPE HYDROZONE PLANL1LOW WATER USE (14,501SF)HYDROZONE LEGENDMODERATE WATER USE (3,933 SF)LID TREATMENT AREAS (7,351 SF)MAIL KIOSKWATER USE CALCULATIONSBIKE RACKS (5), TYP.BIKE RACKS (5), TYP.TRASH ENCLOSURE, TYP.TRASH ENCLOSURE, TYP.HARDSCAPE (IMPERVIOUS)TOTAL ON-SITE LANDSCAPE AREA: 25,785 SFTOTAL LANDSCAPE AREA WITH PLANT MATERIALS REQUIRING LOW WATER USE USE: 21,852 SFTOTAL LANDSCAPE AREA WITH PLANT MATERIALS REQUIRING MODERATE WATER USE USE: 3,933 SFTOTAL LANDSCAPE AREA WITH PLANT MATERIALS REQUIRING HIGH WATER USE USE: 0 SFMAXIMUM ANNUAL APPLIED WATER ALLOWANCE:MAWA: 364,901 GALLONS / 487 UNITSESTIMATED TOTAL WATER USE: 206,124 GALLONS / 275 UNITSTHIS PROJECT USES 56% OF THE MAXIMUM ANNUAL APPLIED WATER ALLOWANCE.THE IRRIGATION DESIGN WILL COMPLY WITH THE LOCAL AND STATE WATER CONSERVATIONREQUIREMENTS SET FORTH IN THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO).THE WATER CONSERVATION METHODS INCLUDE UTILIZING A MAJORITY OF LOW WATER PLANTMATERIALS AND IMPLEMENTING EFFICIENT IRRIGATION METHODS, BELOW.A WEATHER SENSING, 'SMART CONTROLLER' WILL BE USED TO MONITOR IRRIGATION ANDMANAGE DAILY WATER CONSUMPTION FOR THE MINIMUM REQUIREMENTS OF EACHHYDROZONE. SCHEDULE WILL BE BASED ON PLANT NEEDS, SOIL TYPE, SLOPE AND SEASON.ALL TREES, SHRUBS, POTS, AND GROUNDCOVER AREAS WILL BE IRRIGATED ON SEPARATEHYDROZONES, SO THAT ONCE ESTABLISHED, WATER CAN BE REGULATED IN A MORE EFFICIENTMANNER.TREES AND POTTERY WILL BE IRRIGATED BY BUBBLERS. ALL OTHER PLANTING WILL RECEIVE DRIPIRRIGATION WHERE WATER CAN BE APPLIED ACCURATELY TO THE ROOTS AT A RATE THAT IT CANINFILTRATE TO IMPROVE IRRIGATION EFFICIENCY.IRRIGATION DESIGN CRITERIA & COMPLIANCEAPN 053-061-053APN 004-705-015APN 004-706-007LANDSCAPE IN PARKWAYS PROVIDED IN SEPARATE SUBMITTALSCREENING TREES, TYP.SHADE TREE TYP.FLOWERING TREE, TYP.SCREENING TREES, TYP.NOT A PARTNOT A PARTATTACHMENT 2PC2 - 24 N:\0301\0345-02-RS17-Pratt-Parcel-Entitlement-Civil\Planning\Landscape\AutoCAD\OS-0345-02-RS17.dwg, SHEET TITLE, Dec 22, 2017 10:41am, akschmitzDECEMBER 22, 2017 PRATT PROPERTYVesting Tentative Tract Map, City of San Luis ObispoIHHW  SITE OPEN SPACEL2COMMON OPEN SPACE LEGENDPRIVATE OPEN SPACE 100 SF MIN200 CF MINNOT A PARTNOT A PARTSTORAGETYPICALDWELLINGUNITCOMMON RECREATION FACILITIES TO BE PROVIDED IN RIGHETTI NEIGHBORHOOD PARK ON ADJACENT PROPERTY.*cubic feet6,000 cubic feetATTACHMENT 2PC2 - 25 1808\03\1834969.5 1 Developersof residential subdivisionsmay dedicate land to the HousingAuthority, or other Cityrecognized low-income housing developer, in-lieu of constructing the D. Policy 3.3.4of the Orcutt Area Specific Plan ("OASP") provides developers within the specific plan area the opportunity to dedicate land in lieu of building affordable housing on- site.Specifically, that section states: C. To satisfy the requirements of Municipal Code Chapter 17.91 (the "Inclusionary Housing Ordinance"),and in connection with the Project's approvals, Owner has agreed to develop sixty-three (63) affordable units to meet the Inc1usionary Housing Requirement for Righetti Ranch Tract 3063, Jones Tract 3066, Imel Tract 3095, and the Pratt Property. B.Within the three combined subdivisionsand the Pratt Property, Ownerwill develop over fourhundred and seventeen (417) residential units (the "Project"). A.Owneristhe owner ofcertain realpropertyknown asRighetti Ranch (Tract#3063), Jones Ranch (Tract #3066), Imel(Tract #3095), and the Pratt Property (APN: 053-061-024) in the City, which are more particularly described in attached Exhibit A incorporated herein by this reference and collectively referred herein as (the "Property"). RECITALS This AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement")is made and entered into on the __ day of ______ 2017 by and between the City of San Luis Obispo, a California charter city and municipal corporation (the "City"),and Righetti Ranch, LP, a Delaware limited partnership ("Righetti"),also referred to herein as "Owner."Owner and City are sometimes collectively referred to as the "Parties." AFFORDABLE HOUSINGAGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (For-Sale Affordable Units for Tract # 3063,Tract # 3066,and Tract # 3095) (Space above for Recorder's Use)No fee for recording pursuant to Government Code Section 27383 City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3249 Attn: Community Development Director RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ATTACHMENT 3 PC2 - 26 1808\03\1834969.5 2 (a)"Affordable Housing Rental Restriction Agreement"means the Affordable Housing Rental Restriction Agreement and Declaration of Restrictive Covenants executed by Owner encumbering the Dedication Property. Section 1.1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms have the following meanings in this Agreement: ARTICLE 1. DEFINITIONS AND EXHIBITS NOW, THEREFORE,the Parties agree and acknowledge that the above recitals are true and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually acknowledge and agree as follows: AGREEMENT F. Pursuant to the Inclusionary Housing Ordinance and the Affordable Housing Standards, the Owner is required to sell the designated Affordable Units in Jones (Tract 3066) to buyers frommoderate incomehouseholds (the "Initial Buyers")andto executecertain documents with each Initial Buyer that will restrict the sales price to maintain the affordability of the Affordable Units or impose an equity-sharing program for a period of forty-five (45) years from the date of sale to the Initial Buyer (the "Affordability Period"). E. Owner desires to satisfy the City's Inclusionary Housing Ordinance by: (1) constructing and selling nine (9) units within Jones (Tract 3066) (the "Affordable Units")and in conformancewith the salesprices andincomelimits establishedbythe City's"Affordable Housing Standards" published by the City's Community Development Department to implement the Inclusionary Housing Ordinance pursuant to Municipal Code Section 17.91.040 Band (2) dedicating a portion ofland located at 3750 Bullock Lane, San Luis Obispo, APN: 053-061-024, commonly referred to as the "Pratt Property," to People's Self Help Housing,Inc. ("PSHH"), for the construction of at least fifty-four (54) affordable units. The Pratt Property is legally described in ExhibitAincorporatedhereinby this reference. Theportion ofthe Pratt Propertyto be dedicated to PSHH is generally depicted in Exhibit B incorporated herein by this reference. This property is referred to herein as (the "Dedication Property.") required affordable housing units. Land that is dedicated for the purpose of developing affordable housing must be of sufficient size to construct at least the number oflow and/or moderate income units required by the Inclusionary Housing Ordinance for the project, plus 25% to accommodate the allowed density bonus. When land is provided to meet the affordable housing requirement, all frontage improvements and required off-site improvements shall be installed by the market- rate housing developer. In general, land dedicated for affordable housing shall be dispersed throughout subdivisions,instead of clustered. The requirement to disperse affordable housing shall not be construed to prevent dedication of land suitable for an affordable apartment project. ATTACHMENT 3 PC2 - 27 1808\03\1834969.5 3 Section 2.1. Construction of Affordable Units.The Parties have agreed that the Owner shall construct and sell the Affordable Units, consisting of nine, two bedroom units within Jones Tract 3066 in the approximate location shown and described on Exhibit C in conformance with ARTICLE 2. CONSTRUCTION OF TRACT 3066 (JONES) PROJECT AND AFFORDABLE UNITS Phasing map of the Project including the Location of Affordable Units and Schedule of Affordable Units in Jones (Tract 3066) Exhibit C Depiction of the Dedication Property.Exhibit B Legal Description of the ProjectpropertiesExhibit A Section 1.2."Moderate Income Household" is defined in the City of San Luis Obispo's Affordable Housing Standards and means a household with a Household Income that does not exceed 120%of the area median income as established by the California Department of Housing and Community Development. Exhibits. The following exhibits are attached to this Agreement: (i) "Phase I", "Phase 2", and "Phase 3" means the development phases of the Project as shown on the phasing map hereto attached as Exhibit C. Obispo. (h) "Housing Authority" means the Housing Authority of the City of San Luis (g) "Household Income" means the combined gross,pre-tax income of all adult occupants of the applicant household. (f)"Homebuyer/City Note" means the Occupancy,Resale,and Refinancing Restriction Agreement, with Option to Purchase and Promissory Note Secured by Deed of Trust, and executed by each Initial Buyer of an Affordable Unit. (e) "Homebuyer/City Deed of Trust" means the Purchase Money Deed of Trust, Deed of Trust Covenants, Assignment of Rents, Security Agreement and Fixture Filing, executed by each Initial Buyer of an Affordable Unit that secures the Initial Buyer's performance under the Homebuyer/City Note. (d) "Eligible Household" means a household which has been determined by the Housing Authority or other agency designated by the Director to be eligible to purchase an Affordable Unit as a Moderate Income Household, in compliance with the Inclusionary Housing Ordinance and this Agreement. (c) "Director" means the Community Development Director of the City or successor position. (b) "Affordable Sales Price" means the maximum allowable sales price for an Affordable Unit in effect at the time of its sale by the Owner to an Eligible Household, which is to be calculated in accordance with the formula provided in the Affordable Housing Standards. ATTACHMENT 3 PC2 - 28 1808\03\1834969.5 4 (d) Once certified, Eligible Households shall submit purchase offers directly to Owner, and Owner shall accept offers to purchase in the order received, provided that such offers include a letter from the Housing Authority, or other agency designated by the Director, that the buyer is an Eligible Household,a valid check for the required good faith deposit, and a preliminary (c) The Owner agrees to retain the Housing Authority, or other agency designated by the Director, for screening of potential purchasers to determine if they qualify as Eligible Households. (b) Owner shall actively market the Affordable Units, openly and in the same general manner as the Project as a whole, allow prospective buyers to view the Affordable Units, model units or floor plans,disclosure documents, and any other relevant sales materials, as may be available.Owner's sales agents shall provide the same general quality of customer service to the Affordable Unit buyers as provided to market-rate buyers, shall display information about the availability of the Affordable Units in a readily noticeable manner in the sales office and/or Project sales website, shall disclose the Affordable Unit restrictions to any prospective buyers in a timely manner and direct potential purchasers to submit eligibility applications to determine if they qualify as Eligible Households. (a) Owner shall sell all the Affordable Units to Eligible Households at an Affordable Sales Price as established by the City's Affordable Housing Standards and in accordance with the City'S Affordable Housing Purchase Guidelines. The Affordable Sales Price shall be the absolute maximum price that the Owner or any other seller may receive as compensation for the sale of an Affordable Unit. Section 3.1. Sale of Affordable Units by Owner to Eligible Households. ARTICLE 3. SALE OF AFFORDABLE UNITS Section 2.4. Use of Affordable Units. The Affordable Units shall be sold only to Eligible Households who will owner-occupy the Affordable Units as their primary place of residence. Section 2.3. Design and Appearance of Affordable Units. The design, appearance, and general quality of the Affordable Units shall be of the same character as the Project as a whole. Section 2.2. Construction Timing. The Affordable Units shall be constructed in proportion to construction of the other units in the Project pursuant to the schedule in Exhibit C. No certificates of occupancy or final inspections shall be issued after the seventeenth (17th)unit in the Project Phase 3 until certificates of occupancy or final inspections have been issued for the nine Affordable Units unless an alternate phasing plan has been approved as part of the Project's discretionary approvals. the sales prices and income limits established for moderate income families as defined by the City's Affordable Housing Standards. If, after recordation of this Agreement, Owner proposes to change the location of any Affordable Unit within the Project, Owner shall submit a written request for such change to the Director, who shall have sole discretion to approve or deny such request. ATTACHMENT 3 PC2 - 29 1808\03\1834969.5 5 (1) If an Affordable Unit is sold at fair market value with the City's written consent as specified in subsection (k) of this Section, such Affordable Unit shall not be subject to any requirements of this Agreement following City's receipt of applicable payment. Upon receipt (k) If Owner has not received any purchase offer from an Eligible Household for an Affordable Unit within one hundred eighty (180) days after the Affordable Unit has been offered for sale, the Owner shall provide a one hundred eighty (180) days' notice to the City and shall satisfy any further conditions that may be reasonably required by the City, including but not limited to, further efforts to find an Eligible Household and/or additional marketing by the Owner to attract an offer to purchase from an Eligible Household. If escrow has not closed on the Affordable Unit salewithin an additional sixty (60) days from date of Owner's one hundred eighty (180) days' notice, ifthe City consents in writing, such consent to not be unreasonably withheld, , Owner may sell the Affordable Unit at its fair market value and pay to the City an amount equal to the difference between the actual contract sale price and the Affordable Sales Price. As an alternative, if the parties mutually agree, Owner may sell the Affordable Unit to the City or the City's designee for the Affordable Sales Price to satisfy Owner's obligations under this Agreement with respect to such Affordable Unit. G)Owner shall be independently responsible to make good faith efforts to market and sell the Affordable Units in compliance with this Agreement, and shall cooperate with City in good faith in the effort to sell the Affordable Units to Eligible Households in a timely manner. (i) Within five (5) days following the sale of any Affordable Unit by the Owner to an Initial Buyer, Owner shall forward, or shall cause escrow officer to forward to the City, copies of the buyer's and seller's settlement statement and all closing documents, including the Homebuyer/City Note and Homebuyer/City Deed of Trust executed in connection with the sale. (h) A Request for Notice of Default and Sale for the benefit of the City shall be recorded for each deed of trust recorded at close of escrow. (g) The escrow instructions for the sale of an Affordable Unit shall stipulate that the Homebuyer/City Note and Homebuyer/City Deed of Trust shall be recorded against the Affordable Unit at close of escrow on the sale to the Eligible Household; and that the Homebuyer/City Note and Homebuyer/City Deed of Trust shall be recorded junior only to the lien of the deed of trust securing the Eligible Household's first purchase money mortgage loan, or to a second mortgage loan only if such loan is provided by a public agency which requires such subordination, or as otherwise approved in writing by the City. (f) Purchase contracts between Owner and Eligible Households shall include requirements that buyers execute documents for the benefit of the City as described in Section 3.2 below. (e) Selected applicants shall be responsible for obtaining their own financing for the Affordable Units. first mortgage loan approval. Owner shall conduct any additional screening of applicants deemed necessary and not in violation of fair housing laws. ATTACHMENT 3 PC2 - 30 1808\03\1834969.5 6 Section 4.2. Land Dedication Timing. Prior to certificates of occupancy or final inspections for the Project, Owner shall subdivide the Pratt Property in order to create the Dedication Property as a legal lot pursuant to the Subdivision Map Act and City rules and regulations. The Dedication Property shall be in substantial compliance with the depiction in Exhibit B and of sufficient size to allow for at least fifty-four (54) affordable dwelling units. City and Owner acknowledge that the OASP and recently updated Land Use Element ("LUE") of the City's General Plan identify the Pratt Property as an R-3 zoned parcel. City and Owner .acknowledge that City is in the process of updating its Zoning Code which includes the updated zoning as set forth in the LUE. City and Owner further acknowledge that the timing of transfer of theDedication Propertyas set forthherein willoccur aroundthe sametime whenthe Pratt Property will be rezoned consistent with the LUE. Prior to the issuance of any certificates of occupancy in Phase 2 of the Project, the Dedication Property shall be conveyed in fee simple absolute to PSHH Section 4.1. Compliance with Inclusionarv Housing Ordinance. The Parties acknowledge that, pursuant to Policy 3.3.4 of the OASP, Owner is dedicating the Low Income Property to PSHH in order to partially satisfy Owner's affordable housing requirement related to the Project. The Parties agree that should PSHH refuse or fail to accept the Dedication Property, Owner shall be able to dedicate such land to another low-income housing developer approved by the City. SUBDIVISION OF PRATT PROPERTY AND DEDICATION OF THE LOW INCOME PROPERTY ARTICLE 4. Section 3.3. Records. The Owner shall retain all records related to compliance with obligations under this Agreement for a period not less than five (5) years from the date of origination of such records, and make them available to City employees or others designated by the City for inspection and copying on five (5) business days' written notice. The City shall be entitled to monitor compliance with this Agreement, and the Owner shall cooperate with City monitoring, including obtaining Eligible Household verification upon request of the City. (c) Following sale of an Affordable Unit to the Initial Buyer, the Initial Buyer shall be responsible for complying with the terms of this Agreement through the Homebuyer/City Note and the Homebuyer/City Deed of Trust. (b) The Initial Buyer SIgns a Homebuyer/City Deed of Trust in the form prepared by the City. (a) The Initial Buyer and the City execute a Homebuyer/City Note in the form prepared by the City. Section 3.2. Homebuyer Documents and Security Instruments. Prior to the sale of each Affordable Unit, Owner shall ensure that: of such payment, City shall provide Owner with a recordable document releasing the Affordable Unit from this Agreement. ATTACHMENT 3 PC2 - 31 1808\03\1834969.5 7 Section 5.3. Default. Failure of the Owner to satisfy any of Owner's obligations under the terms of this Agreement within thirty (30) days after the delivery of a notice of default from the City will constitute a default under this Agreement and a violation of the Inclusionary Housing Ordinance. In addition to remedies for breach of this Agreement, the City may exercise any and all remedies available to it under the Inclusionary Housing Ordinance or other any other provision of law or equity, including, but not limited to: Section 5.2. Release of Property from Agreement. Upon the earlier to occur of (i) the dedication of the Low Income Property to PSHH or another low income housing developer in compliance with this Agreement;and (ii) the sale of 100% of the Affordable Units to Initial Buyers from Eligible Households in compliance with the terms of this Agreement or (iii) the conclusion of the Affordability Period, the entire Property shall be released from the burdens of this Agreement and this Agreement shall be terminated. Section 5.1. Covenants Running with the Land. The requirements of this Agreement shall be covenants running with the land as defined in California Civil Code Section 1460,and shall apply to the properties as shown and described on Exhibit A.Pursuant to Civil Code Section 1468, which governs such covenants, the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest in any of the properties described herein, or any portion thereof and on their heirs, successors in interest and assigns for a period of forty-five (45) years. The Parties agree that all future deeds or transfers of interest regarding the properties shall show the restrictions of this Agreement for as long as the Agreement is in effect. ARTICLE 5. ENFORCEMENT Section 4.3. Affordable Housing Agreement, Note. Prior to dedication of the Low Income Property to PSHH, Owner shall record an Affordable Housing Rental Restriction Agreement in a form subject to the written approval ofthe City requiring and securing performance of: (i) the construction of at least fifty-four (54) affordable housing units on the Low Income Property; and (ii) restricting the rental of at least fifty-four (54) housing units on the Low Income Property to very low,low, and moderate income in accordance with the affordable housing requirements for the Project. free and clear of any liens and deeds of trust except as provided in Section 4.3. Owner shall, at Owner's sole cost and expense, be responsible for constructing the Low Income Property to a "super pad" condition which shall mean that the property will (i) be graded to construction readiness without foundation or paving; (ii) all frontage improvements and offsite improvements required to provide access and utilities to the Dedication Property including, but not limited to streets, curbs, gutters, drainage and stormwater compliance associated perimeter streets runoff, sidewalks,street lights,water mains, sewer mains,dry utilities; (iii) all water, sanitary sewer, and treated stormwater drainage, shall be stubbed and sized for the number of units proposed, to the property line of the Dedication Property. All of the aforementioned improvements shall be constructed to City standards at a size and location consistent with an approved tentative map for the Pratt Property or, in absence of an approved tentative map, at a size and location consistent with the OASP, unless otherwise approved by the City'S Public Work's Director. ATTACHMENT 3 PC2 - 32 1808\03\1834969.5 8 Section 6.1. Appointment of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform some or all of the City's obligations under this Agreement. ARTICLE 6. GENERAL PROVISIONS Section 5.4.Attorney's Fees and Costs. If either Party takes or commences any actions or proceedings, including litigation or arbitration, against the other by reason of any breach or claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a judicial declaration of rights under this Agreement, the Party prevailing in such action or proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees and associated expenses, whether or not the proceeding or action proceeds tojudgment. For purposes ofthis Agreement, each affordable housing unit shallbe deemed complete at such time as the unit has been certified for occupancy by the City of San Luis Obispo. 5.3 Failure to Construct Affordable Units or Dedication of Land.In the event that Owner fails or refuses to construct the Affordable Units or dedicate the Low Income Property to PSHH or another low-income housing developer approved by City, then City shall be entitled to receive monetary damages for non-performance in an amount equal to (a)$6,900,000 being the in-lieu fee that City would have been entitled to receive if no affordable housing units had been constructed under this Agreement times (b) a fraction, the numerator of which is the number of affordable housing units not completed under this Agreement and the denominator of which is sixty-three (63) times (c) 3% interest per annum on monetary amount due. For purposes of this Section 5.3(a), the term "affordable units not completed" shall include the fifty-four (54) units proposed for the Dedication Property in the event Owner fails or refuses to dedicate suchproperty to PSHH or another low-income housing developer approved by City. (d) requiring the Owner or his/her successors in interest to the Property to pay the City payment received by the Owner for the unauthorized sale of the Affordable Unit. (c) where one or more persons have received financial benefit as a result of violation of this Agreement, the City may assess, and institute legal action to recover as necessary, a penalty in any amount up to and including the amount of financial benefit received, in addition to recovery of the benefit received; and (b) instituting against the Owner, or other parties, a civil action for declaratory relief, injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation; (a) withholding, conditioning, suspending or revoking any approvals for the Project, including without limitation final inspections for occupancy and/or the issuance of any certificates of occupancy; ATTACHMENT 3 PC2 - 33 1808\03\1834969.5 9 Ambient Communities Central LLC 179Calle Magdalena #201 Encinitas, CA 92024 WITH A COPY TO: Attn: Dante Anselmo Righetti Ranch LP c/o Ambient Communities Central Coast LLC 979 Osos Street, Suite E San Luis Obispo, CA 9340I TO THE OWNER: WITH COPY TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: City Attorney City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3249 Attn: Community Development Director TO THE CITY: Section 6.3. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the Party to receive such notice at the addressed set forthbelow: Section 6.2. Hold Harmless. Owner will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"),and any of them,from and against all loss, allrisk ofloss andalldamage (includingexpense and attorney'sfees)sustained or incurredbecause of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly causedby, arising out of or relating in anymanner to the Project, the Affordable Units, or Owner's performance or non-performance under this Agreement,including claims pursuant to California Labor Code Section 1720et seq., and shall protect and defend Indemnitees, and any of them with respect thereto, exceptto the extent arising fromtheproven grossnegligence or willfulmisconduct of the City. The provisions of this Section shall survive expiration or other termination of this Agreement or any release of part or all of the Property from the burdens of this Agreement, and the provisions of this Section shall remain in full force and effect. ATTACHMENT 3 PC2 - 34 1808\03\1834969.5 10 Section 6.11. Recording of Agreement. This Agreement shall be recorded against the Property in the Official Records of the County of San Luis Obispo prior to the recordation of any Section 6.10. Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Section 6.9. Title of Parts and Sections. Any titles of the sections, subsections, or subparagraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting anypart of the Agreement's provisions. Section 6.8. Waivers. Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Owner or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shallnot operate as a waiver or release fromany of its obligations under this Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a consentto anyotheror subsequentactor omissionorto waivetherequirement forthe City'swritten consent to future waivers. Section 6.7. Applicable Law.This Agreement shall be governed by California law. Venue shall be the County of San Luis Obispo. Section6.6.Amendment of Agreement. No changes, amendments, or alterations to this Agreement shallbe effective unless inwriting and signedby all Partieshereto. Major amendments to this Agreement, shallbe subjectto the review and approval of the decision-making body which approved the Project. Minor amendments to this Agreement may be approved by the Director. Upon approval, a new Agreement containing the amendments shallbe executed and recorded. Section 6.5.Each Party's Role in Drafting the Agreement. Each Partyto this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. Section 6.4. Integrated Agreement. This Agreement sets forth the full and entire understanding of the Parties regarding the matter set forth herein. Any other prior or existing understandings or agreements by the Parties, whether formal or informal, regarding any matters addressed within this Agreement are hereby superseded or terminated in their entirety. Any notice shall be deemed delivered on the first business day that delivery is attempted or upon receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday, Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County are authorized or required to close for observance thereof. Any Party may change the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above. Attn: Robert Anselmo ATTACHMENT 3 PC2 - 35 1808\03\1834969.5 11 Section 6.12. Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. parcel map or final subdivision map or issuance of any building permit for the Project, whichever occurs first. ATTACHMENT 3 PC2 - 36 1808\03\1834969.5 12 Its:~'-D~- Its:~emb/ _/ / By:~~ Its:7 / ~ By:<:~L~)- APPROVED AS TO FORM AND LEGAL EFFECT: By: Ambient Righetti Manager LLC, a California limited liability company Its: Generalpartner City of San Luis Obispo, a California charter city and municipal corporation BYC...)JA~ Michael Codron, Community Development Director By:NRELLC, a Delaware limited liability company Righetti Ranch LP, a Delaware limited partnership CITY:OWNER: IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTACHMENT 3 PC2 - 37 1808\03\ 1834969.5 13 zz }> JESSICA LYN GIBSON WITNESS my hand and official seaL I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct. On lv\;kl1 101 20 r1 .,before me,J.e/JS1~ti L.'4Il ~'\\):x:>n ,Notary Public,personally appeared jV1 \t-h~e\Ud.Y't>Vl ,who proved to me on the basis of satisfactory evidence to be the person~ whose namets) is/a~ subscribed to the within instrument and acknowledged to me that he/sJfe/tlt6y executed the same in his¥r/t~ir authorized capacityties), and that by his!¥r/t¥ir signature~ on the instrument the personys'),or the entity upon behalf of which the person0 acted, executed the instrument. COUNTY OF SA" Lilli?Obi?pO ) ) ) STATE OF CALIFORNIA A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. ATTACHMENT 3 PC2 - 38 1808\03\1834969.5 14 Notary Public WITNESS my hand and official seal. N~dr \\~B'ERTRA~;..Of •Commission #2038021 ~ ~Notary Public· California ~ Z San Luis Obispo County ~t...;.",Mr ~oT"lix~r:s2eg 16}%lLl I certify UNDER PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. On :Jut'-e.[I 2.0 (/ ,before me,L.A .f5en:7 ~D ,Notary Public, personally appeared 'DAI\},E ANseLM 0 4 (~A-V(f FueAJte -z_,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ) ) STATE OF CALIFORNIA ) COUNTY OF ~,J Lvis D~is~o A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ATTACHMENT 3 PC2 - 39 APN 053-061-024 Southeasterly one half of Lot 133 of the San Luis Obispo Suburban Tract in the City of San Luis Obispo, County of San Luis Obispo, State of California according to map filed in Book 1, Page 92 of Records of Survey in the Office of the County Recorder of said County Real property in the City of San Luis Obispo, County of San Luis Obispo, State of Califomia,described as follows: LEGAL DESCRIPTION OF THE PROPERTY - PRATT EXHIBIT A ATTACHMENT 3 PC2 - 40 PORTIONS OF LOTS 129, 131 AND 132 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE MAP RECORDED FEBRUARY 7TH, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF SURVEYS IN THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ALL OF PARCEL 3 OF COAL 88-083 ACCORDING TO THAT CERTIFICATE OF COMPLIANCE FILED IN BOOK 3181, AT PAGE 644 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL C: (LOT 2 OF SLAL 15-0060- 2015-064258)(A.P.N.:004-706-007) THENCE, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID PARCEL LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT, SOUTH 38° 50' 37" EAST, 455.88 FEET TO THE POINT OF BEGINNING. THENCE, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT, SOUTH 38° 30' 37" EAST, 788.52 FEET TO CORNER "C-4" AS DESIGNATED THEREIN; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 128,NORTH 58° 00' 14"EAST, 870.62 FEET TO THE NORTHERN MOST CORNER OF SAID LOT 129 ON THE NORTHEASTERLY LINE OF SAID PARCEL LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT RECORDED FEBRUARY 6TH, 1906,FILED IN BOOK 69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY; THENCE, NORTH 31° 59' 46" WEST, 344.98 FEET TO THE SOUTHEASTERLY LINE OF LOT 128 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND E. F. G. SAKER FILED IN BOOK 74, AT PAGE 437 OF DEEDS INTHE OFFICE OF THE RECORDER FOR SAID COUNTY; THENCE, NORTH 88° 35' 31" WEST, 587.42 FEET; THENCE, LEAVING THE SOUTH LINE OF SAID LOT 129,NORTH 66° 04' 22" WEST, 488.16 FEET; THENCE, ALONG THE SOUTH LINE OF THE LAND CONVEYED BY SAID INDENTURE, BEING THE SOUTH LINE OF LOT 129 OF SAID SAN LUIS OBISPO SUBURBAN TRACT, AND ALONG THE NORTH LINE OF GOVERNMENT LOT 7 OF SAID SECTION 6 AS CONVEYED TO ALLEN E. RIGHETTI BY JOINT TENANCY DEED RECORDED AUGUST 28TH, 1944, FILED IN BOOK 365, AT PAGE 457 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, NORTH 88° 53' 32" WEST, 299.07 FEET; A PORTION OF LOT 129 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE MAP RECORDED FEBRUARY 7TH, 1906AS FILED IN BOOK 1,AT PAGE 92 OF RECORD OF SURVEYS IN THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 6) OF SAID SECTION 6, TOWNSHIP 31 SOUTH, RANGE 13EAST, MOUNT DIABLO BASELINE AND MERIDIAN, MARKED BY A 2"X3" REDWOOD STAKE DESIGNATED AS CORNER "C-l" AT THE MOST EASTERLY CORNER OF SAID SAN LUIS OBISPO SUBURBAN TRACT, BEING THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN ANDJOSEPH D. GRANT RECORDED FEBRUARY6TH, 1906,FILED INBOOK69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY; PARCEL B: (LOT 1OF SLAL 15-0060- 2015-064258) (A.P.N.: 004-706-006) Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: LEGAL DESCRIPTION OF THE PROPERTY - RIGHETTI TRACT 3063 ATTACHMENT 3 PC2 - 41 THENCE, SOUTH 370 57' 58" WEST, 57.90 FEET; THENCE, SOUTH 32°38'22" WEST, 57.90 FEET; THENCE, SOUTH 27018'45" WEST,57.90 FEET; THENCE, SOUTH 21051'31" WEST, 59.43 FEET; THENCE, SOUTH 10038' 54" WEST, 72.61 FEET; THENCE, SOUTH 15034'28" EAST, 72.08 FEET; THENCE, SOUTH 80 58' 46" EAST, 74.19 FEET; THENCE, ALONG THE SOUTHEASTERLY LINE OF LOT 133 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT, AND A. C.SHUSTER FILED IN BOOK 79, AT PAGE 389 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY,SOUTH 570 59' 25" WEST,312.04 FEET; THENCE, LEAVING THE SOUTHEASTERLY LINE OF SAID LOT 133, SOUTH 320 00' 54"EAST, 874.62 FEET; THENCE, ALONG THE SOUTHWESTERLY LINE OF THE WEST HALF OF LOT 127 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J.D.GRANT AND LOUIS T. STEEN FILED IN BOOK 76, AT PAGE 472 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY,NORTH 31°56' 57" WEST,462.34 FEETTO THE WESTERN MOST CORNERTHEREOF MARKED BY A %INCH IRON PIPE WITH TAG STAMPED RCE 32981 AS SHOWN ON SAID MAP FILED IN BOOK 77, AT PAGE43 OF RECORD OF SURVEYS; THENCE, ALONGTHE SOUTHWESTERLYLINEOF SAID LOT 128,NORTH 320 02' 46" WEST,463.44 FEET TO THE WESTERN MOST CORNER THEREOF MARKED BY A ONE INCH IRON PIPE WITH TAG STAMPED LS2391 AS SHOWNONTHAT MAPFILED IN BOOK77, AT PAGE43 OF RECORDOF SURVEYS IN THE OFFICE OF THE RECORDERFOR SAID COUNTY; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 128,SOUTH 580 00'14"WEST, 444.97 FEET TO THE SOUTHERN MOST CORNER THEREOF; THENCE, LEAVING THE NORTH LINE OF SAID LOT 129, NORTH 660 04'22" WEST, 488.16 FEET; THENCE, NORTH 880 35'31"WEST, 587.42 FEET; THENCE, NORTH 310 59' 46" WEST,344.98 FEET TO THE SOUTHEASTERLY LINE OF LOT 128 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J.D. GRANT AND E. F. G. SAKER FILED IN BOOK 74, AT PAGE 437 OF DEEDS INTHE OFFICE OF THE RECORDER FOR SAID COUNTY; THENCE, ALONG THE SOUTH LINE OF THE LAND CONVEYED BY SAID INDENTURE, ALONG THE SOUTH LINE OF LOT 129 OF SAID SAN LUIS OBISPO SUBURBAN TRACT,AND ALONG THE NORTH LINE OF GOVERNMENT LOT 7 OF SAID SECTION 6 AS CONVEYED TO ALLEN E.RIGHETTI BY JOINT TENANCY DEED RECORDED AUGUST 28TH, 1944, FILED IN BOOK 365, AT PAGE 457 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, NORTH 880 53' 32" WEST, 299.07 FEET TO THE TRUE POINT OF BEGINNING; COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 6) OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 13 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, MARKED BY A 2"X3" REDWOOD STAKE DESIGNATED AS CORNER "C-l" AT THE MOST EASTERLY CORNER OF SAID SAN LUIS OBISPO SUBURBAN TRACT, AND MARKING THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT RECORDED FEBRUARY 6TH, 1906, FILED IN BOOK 69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY; ATTACHMENT 3 PC2 - 42 3. SOUTH 87° 36' 47" EAST, 92.75 FEET TO Al Y,INCH IRON PIPE WITH TAG STAMPED LS 5201 AS SHOWN ON SAID MAP FILED IN BOOK 14,AT PAGE 77 OF MAPS; 2. SOUTH 89° 04' 24" EAST, 107.76FEET TO Al Y,INCH IRON PIPE WITH TAG STAMPED LS 5201 AS SHOWN ON SAID MAP FILED IN BOOK 14,AT PAGE 77 OF MAPS; 1.SOUTH 88°IT 04" EAST, 198.73FEET TO Al Y,INCH IRON PIPE WITH TAG STAMPED LS 5201 AS SHOWN ON SAID MAP FILED IN BOOK 14,AT PAGE 77 OF MAPS; THENCE, ALONGTHE NORTH LINEOF PARCEL 1OF COAL 88-083ACCORDING TO SAIDCERTIFICATE OF COMPLIANCE FILED AS DOCUMENT NUMBER 1988-044493OF OFFICIAL RECORDS, SOUTH 88° 34' 52" EAST, 559.57 FEET TO A 1 Y,INCH IRON PIPE WITH TAG STAMPED LS 5201AS SHOWN ON SAID MAP OF TRACT 1376;THENCE, CONTINUING ALONG THE NORTH LINE OF PARCEL 1OF COAL 88-083 ACCORDINGTO SAIDCERTIFICATE OF COMPLIANCE FILEDAS DOCUMENTNUMBER 1988-044493OF OFFICIAL RECORDS THE FOLLOWING FIVE COURSES: THENCE, ALONG THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT, SOUTH 32° 01' 59" EAST, 2072.21 FEET TO THE NORTH LINE OF PARCEL 1OF COAL 88-083 ACCORDING TO THAT CERTIFICATE OF COMPLIANCE FILED AS DOCUMENT NUMBER 1988-044493 OF OFFICIAL RECORDS INTHE OFFICE OF THE RECORDER FOR SAID COUNTY, AT THE NORTHWEST CORNER OF LOT 132OF TRACT 1376ACCORDING TO THAT MAP, FILED IN BOOK 14,AT PAGE 77 OF MAPS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, AS MARKED BY A RAILROAD SPIKE SHOWN ON SAID MAP FILED IN BOOK 77, AT PAGE 43 OF RECORD OF SURVEYS; THENCE, ALONGA LINETHAT LIES30.00 FEETOFFSET SOUTHEASTERLYAS MEASUREDAT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133,SOUTH 57° 59' 25" WEST, 201.38 FEETTO THE SOUTHWESTERLY LINE OF LOT 132 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND L.J. BECKETT ET AL, FILED IN BOOK 75, AT PAGE 328 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, BEING A POINT ON THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBANTRACT; THENCE, NORTH 32° 00' 35" WEST, 5.92 FEET TO A POINT THAT LIES 30.00 FEET OFFSET SOUTHEASTERLY AS MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133; THENCE, NORTH, ALONG A TANGENT CURVETO THE RIGHT WITH A 52.50 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 58° 09' 47", AN ARC LENGTH OF 53.30 FEET; THENCE, NORTH 29° 32' 22" WEST, 110.41FEET; THENCE, NORTH 32° 00' 54" WEST, 856.87 FEET; THENCE, SOUTH 87° 18' 08" WEST, 21.31 FEET; THENCE, NORTH 32° 00' 54" WEST, 46.00 FEET; THENCE, SOUTH 57° 59' 04" WEST, 69.30 FEET; THENCE, NORTH 32° 06' 43" WEST, 90.22 FEET; THENCE, SOUTH 60° 31' 34" WEST, 57.48 FEET; THENCE, SOUTH 52°49' 18"WEST, 71.66 FEET; THENCE, SOUTH 43°IT 35" WEST, 57.90 FEET; ATTACHMENT 3 PC2 - 43 THENCE, SOUTH 57° 59' 04" WEST, 69.30 FEET; THENCE, NORTH 32° 06' 43" WEST, 90.22 FEET; THENCE, SOUTH 60° 31' 34" WEST, 57.48 FEET; THENCE, SOUTH 52° 49' 18"WEST, 71.66 FEET; THENCE, SOUTH43°IT 35" WEST, 57.90 FEET; THENCE, SOUTH 37°51'58" WEST, 57.90 FEET; THENCE, SOUTH 32° 38' 22" WEST, 57.90 FEET; THENCE, SOUTH 27° 18' 45" WEST, 57.90 FEET; THENCE, SOUTH 21° 51' 31" WEST, 59.43 FEET; THENCE, SOUTH 10°38' 54" WEST, 72.61 FEET; THENCE, SOUTH 15°34' 28" EAST, 72.08 FEET; THENCE, SOUTH 8° 58' 46" EAST, 74.19 FEET; THENCE, LEAVING THE NORTHWESTERLY LINE OF SAID LOT 132, SOUTH 32° 00' 54" EAST, 874.62 FEET; THENCE, ALONGTHENORTHWESTERLY LINEOF SAID LOT 132,NORTH 57°59' 25" EAST, 745.92FEET; PORTIONS OF LOTS 131AND 132OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE MAP RECORDED FEBRUARY 7TH, 1906AS FILED IN BOOK 1,AT PAGE 92 OF RECORD OF SURVEYS IN THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND A PORTION OF PARCEL 3 OF COAL 88-083 ACCORDING TO THAT CERTIFICATE OF COMPLIANCE FILED IN BOOK 3181, AT PAGE 644 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 132 OF THE SAN LUIS OBISPO SUBURBANTRACT ASCONVEYED BYINDENTUREBETWEENJ. D. GRANTAND L.J. BECKETT ET AL, FILED IN BOOK 75, AT PAGE 328 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, BEING A POINT ON THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS SHOWNON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT; PARCEL D: (LOT 3 OF SLAL 15-0060- 2015-064258) (A.P.N.: 004-706-008) THENCE, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 7, SOUTH 88° 53' 32" EAST, 599.99 FEET TO THE TRUE POINT OF BEGINNING. THENCE, LEAVING THE NORTHERN BOUNDARY OF SAID PARCEL 1 OF LOT LINE ADJUSTMENT COAL 88-083, ALONG THE WEST LINE OF SAID SECTION 6, NORTH 01°IT 21" EAST, 1333.32 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7; 5. SOUTH 87° 53' 46" EAST, 10.35 FEET TO Al 1hINCH IRON PIPE WITH TAG STAMPED RCE 12545 MARKING THE SOUTHWEST CORNER OF SAID SECTION 6 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS; 4. SOUTH 88° 29' 54" EAST, 267.67 FEET TO A 1 1hINCH IRON PIPE WITH TAG STAMPED LS 5201 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS; ATTACHMENT 3 PC2 - 44 APN: 004-706-006, 004-706-007, 004-706-008 THENCE, ALONG THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT, NORTH 32° 01' 59" WEST, 30.00 FEET TO THE POINT OF BEGINNING. THENCE, NORTH 32° 00' 35" WEST, 5.92 FEET TO A POINT THAT LIES 30.00 FEET OFFSET SOUTHEASTERLY AS MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133; THENCE, ALONG A LINE THAT LIES 30.00 FEET OFFSET SOUTHEASTERLY AS MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133, SOUTH 57° 59' 25" WEST, 201.38 FEET TO THE SOUTHWESTERLY LINE OF LOT 132 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN 1. D. GRANT AND L.1.BECKETT ET AL, FILED IN BOOK 75, AT PAGE 328 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, BEING A POINT ON THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBANTRACT; THENCE, NORTHERLY, ALONG A TANGENT CURVE TO THE RIGHT WITH A 52.50 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 58° 09' 47", AN ARC LENGTH OF 53.30 FEET; THENCE, NORTH 29° 32' 22" WEST, 110.41 FEET; THENCE, NORTH 32° 00' 54" WEST, 856.87 FEET; THENCE, SOUTH 87° 18' 08" WEST, 21.31 FEET; THENCE, NORTH 32° 00' 54" WEST, 46.00 FEET; ATTACHMENT 3 PC2 - 45 APN: Ptn of 004-705-013 LOT B OF TRACT 3066-PHASE 1,INTHE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 21,2016 IN BOOK 36, PAGES 41 THROUGH 45 OF MAPS. PARCEL A: (A.P.N.: PORTION OF 004-705-013) Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: LEGAL DESCRIPTION OF THE PROPERTY - JONES TRACT 3066 ATTACHMENT 3 PC2 - 46 APN: 004-706-010 Thence, South 58° 00' 14" West, 172.32 feet to the True Point of Beginning. Thence, Westerly, along a tangent curve to the left with a 220.00 foot radius through a central angle of 26° 20' 47", an arc length of 101.16 feet; Thence, South 84° 21' 01" West, 124.60 feet; Thence, Westerly, along a tangent curve to the right with a 280.00 foot radius, through a central angle of 32° 52' 34", an arc length of 160.66 feet; Thence, leaving said Northeasterly line, South 51° 28' 27" West, 79.85 feet; Thence, along the Northeasterly line of that parcel of land conveyed by indenture between John Christensen and Joseph D. Grant, filed in Book 69, at Page 37 of Deeds in the office of the Recorder for said County, North 38° 30' 34" West, 338.13 feet; Thence, along the Southeasterly line of said Lot 127, North 58° 00' 05" East, 636.22 feet to the most Easterly corner of said Lot 127 of the San Luis Obispo Suburban Tract, said corner lying North 58° 00' 05" East, 1.80 feet from a one inch iron pipe (illegible tag) shown on that Map filed in Book 77, at Page 43 of Record of Surveys in the office of the'Recorder for said County; Thence, South 31° 56' 58" East, 221.38 feet to the Southeasterly line of said Lot 127; Thence, North 58° 03' 02" East, 19.53 feet; Thence South 31° 56' 58" East, 210.92 feet; Thence, leaving said common line, South 31° 56' 58" East, 30.00 feet to the True Point of Beginning; Thence, Northeasterly along the line common to said Lots 126 and 127, North 58° 00' 14" East, 607 .36 feet; Commencing at the most Westerly corner of said Lot 127 of the San Luis Obispo Suburban Tract as conveyed by indenture between Joseph D. Grant and F.P. Hottle, filed in Book 73, at Page 173 of Deeds in the Office of the Recorder for said County, marked by a 314 inch iron pipe with tag stamped RCE 32981 as shown on that Map filed in Book 94, at Page 91 of Record of Surveys in the office of the Recorder for said County, said corner being the most southerly corner of Lot 126 as said Lot is shown on the above described Map of the San Luis Obispo Suburban Tract; Portion of Lot 127 of the San Luis Obispo Suburban Tract according to the Map recorded February 7th, 1906 as filed in Book 1, at Page 92 of Record of Surveys in the Office of the Recorder for County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: (Lot 2 of SLAL 15-0104 - 2016-043143) Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: LEGAL DESCRIPTION OF THE PROPERTY - IMEL TRACT 3095 ATTACHMENT 3 PC2 - 47 A copyof this map is_ai/able at the City ofSa" LuisObispoCommunity DevelopmentDept, 13~o:cz~oI- ~enzwC II II II =,o6;>6g g~IA~ .' -:-J:-:jcaw ·J:·r-_I"'-J«r r-:-of':-4 g3 enI-ZW ~«Q,.« II II ;:--- 'I~."~.'-.'. ''.\--"','~~,~,,.EXHIBITBATTACHMENT 3PC2 - 48 ,\ Copy of thi: map islU'lJilabieat the City of Sail Luis Obispo Community Development Dept. o EXHIBIT CPHASING MAP OF RIGHETTI RANCH, JONES, AND IMEL [ SHOWING LOCATIONOF AFFORDABLE UNITS]ATTACHMENT 3PC2 - 49 A copy of this map is availablefor review at the City of San Luis Obispo CommunityDevelopment Department Location of nine moderate income, two bedroom units MAP SHOWING LOCATION OF AFFORDABLE UNITS TO BE BUILT ON JONES ATTACHMENT 3 PC2 - 50