HomeMy WebLinkAboutR-11299 approving a Common Interest Vesting Tentative Tract Map (VTTM 3136) for 3580 and 3584 Bullock Lane (ARCH-0489-2019, SBDV-0490-2019, EID-0345-2020)R 11299
RESOLUTION NO. 11299 (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A COMMON INTEREST VESTING
TENTATIVE TRACT MAP (VTTM 3136), A 192-UNIT MIXED-USE
DEVELOPMENT, INCLUDING 7 LIVE/WORK UNITS, A 585 SQUARE
FOOT COMMERCIAL UNIT, ON-SITE PARKING, AND OTHER
RESIDENTIAL COMMUNITY AMENITIES ON A 10.93-ACRE SITE
LOCATED WITHIN THE 231-ACRE ORCUTT AREA SPECIFIC PLAN
(OASP), A REQUEST TO ALLOW LIVE/WORK UNITS ON THE GROUND
FLOOR WITHIN THE FIRST 50 FEET OF FLOOR AREA MEASURED
FROM THE BUILDING FACE ADJACENT TO A STREET, A SIGN
PROGRAM, THE SUMMARY ABANDONMENT OF 30 FEET OFFER OF
DEDICATION FOR PUBLIC STREET AND UTILITY PURPOSES, AND
ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
REVIEW AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT
AND ATTACHMENTS DATED JANUARY 11, 2022 (3580/3584 BULLOCK
LANE FILE #ARCH-0489-2019, SBDV-0490-2019, EID-0345-2020)
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web
based public hearing on October 26, 2020 and recommended approving the proposed
tree removal and replanting plan associated with an development review applications
ARCH-0755-2019, Bullock Ranch, LLC, applicant, with the addition of specific conditions
of approval; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on December 7, 2020 for the purpose of reviewing
a development review application ARCH-0489-2019, Bullock Ranch, LLC, applicant and
recommended approving the design with direction regarding metal railing design on
balconies to maximize privacy and variation of the use of masonry on porches; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based public hearing on October 27, 2021 for the purpose of reviewing a
development review application ARCH-0489-2019, SBDV-0490-2019 & EID-0345-2020,
Bullock Ranch, LLC, applicant, for a mixed-use development project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo
recommended approval of the project to the City Council, with conditions; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web
based public hearing on January 11, 2022 for the purpose of reviewing a development
review application ARCH-0489-2019, SBDV-0490-2019 & EID-0345-2020, Bullock
Ranch, LLC, applicant, for a mixed-use development project; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
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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. Findings. Based upon all the evidence, the City Council hereby
approves the project (ARCH-0489-2019, SBDV-0490-2019 & EID-0345-2020), based on
the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity since the proposed project is consistent with the intention
of the site's Medium-High Density Residential and Community Commercial with a
Mixed-Use overlay zoning designation and will be subject to conformance with all
applicable building, fire, and safety codes.
2. The proposed San Luis Obispo Mission, Adobe Ranch, and Farmhouse
architectural styles of the residential and commercial structures are consistent with
the California Mission and California Bungalow styles described in the Orcutt Area
Specific Plan because the designs include architectural features such as gable end
roof forms, rafter tails, fenestration and porch styles of the bungalow style and tile
roofs, smooth stucco facades, end roof forms and arched openings of the mission
style.
3. The proposed architectural style of the project is consistent with the Design
Guidelines described in the Orcutt Area Specific Plan because the project provides
architecture that is internally compatible with one another and with adjacent
developments and enhances San Luis Obispo’s unique sense of place.
4. The project is consistent with the General Plan because it promotes policies
related to compatible development (LUE 2.3.9), residential project objectives (LUE
2.3.11), and housing production (HE 6.10).
5. The project is consistent with the Housing Element because the project provides
a variety of residential types, sizes, and styles of dwellings (HE Policy 5.2). The
project supports Housing Element policies related to inclusion and expansion of
missing middle and affordable housing units within the City (HE Policies 2.4, 4.1,
4.2, & 5.3).
6. The project is consistent with the Orcutt Area Specific Plan’s policy framework, as
it relates to land development and project design.
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Sign Program Findings
7. The proposed sign program is consistent with Sign Regulations Section 15.40.485
because it includes sign requirements to ensure signage is complementary and
compatible within the development and with the surrounding neighborhood.
Mixed-Use Development Findings
8. The request to allow live work units on the ground floor within the first 50 feet of
floor area measured from the building face adjacent to a street is consistent with
the Zoning Regulations for Mixed-Use Projects (Section 17.70.130.D.1(2)),
because the project enhances the pedestrian environment in the surrounding area
by placing the commercial space at the sidewalk and fulfills the Orcutt Area
Specific Plan Policy 3.2.21 that encourages live work units in the multifamily
residential portion of the community commercial zone.
9. The project is consistent with the Zoning Regulations for Mixed-Use Projects
(Section 17.70.130), since the proposed building design complies with design and
performance standards for mixed-use development and is consistent with all
property development standards including height, coverage, access, and setbacks
for the Community Commercial (C-C) zone.
Subdivision Findings
10. 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).
11. The site is physically suited for the type and density of development allowed in the
medium-high density (R-3-SP) and community commercial (C-C) zones.
12. The design of the subdivision is consistent with the pattern of development
prescribed in the Orcutt Area Specific Plan.
13. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision.
Section 2. Environmental Review. A Mitigated Negative Declaration (MND) was
prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate
the potential environmental effects of a Bullock Ranch Residential and Mixed-Use
Development Project. The project is consistent with what is described in the CEQA
documentation and will implement all required mitigation measures included in that
document that are necessary to reduce potential impacts to a less than significant level,
some of which derive from those included in the Final EIR for the Orcutt Area Specific
Plan, which was certified in 2009.
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MITIGATION MEASURES
Aesthetics
OASP Final EIR AES-3(a). Minimize Lighting on Public Areas. Lighting shall be
shielded as shown in the Specific Plan and directed downward. Lighting shall not
be mounted more than 16 feet high. Streetlights, where they are included, shall be
primarily for pedestrian safety, and shall not provide widespread illumination
unless necessary to comply with safety requirements, as determined by the Public
Works Director. Street lighting should focus on intersections and should be placed
between intersections only when it is necessary to comply with safety
requirements, as determined by the Public Works Director. Trail lighting shall be
at a scale appropriate for pedestrians, utilizing bollards, although overhead lighting
may be used where vandalism of bollard lights is a concern. Prior to development
of individual lots, proposed lighting shall be indicated on site plans and shall
demonstrate that spill-over of lighting would not affect nearby residential areas.
Monitoring Program: These measures shall be incorporated into project building plans
for review and approval by the City Community Development and Public Works
Departments. Compliance shall be verified by the City during regular inspections.
Air Quality
AQ-1 The following SLOAPCD-recommended Standard Mitigation Measures shall be
implemented to reduce construction-generated NOX, ROG, and DPM:
a. Maintain all construction equipment in proper tune according to
manufacturer’s specifications;
b. Fuel all off-road and portable diesel-powered equipment with CARB-
certified motor vehicle diesel fuel (non-taxed version suitable for use off-
road);
c. Diesel-fueled construction equipment shall meet, at a minimum, CARB’s
Tier 2-certified engines or cleaner off-road heavy-duty diesel engines, and
comply with the State Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines, and comply
with the State On-Road Regulation;
e. Construction or trucking companies with fleets that do not have engines in
their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOX exempt area fleets) may be eligible by
proving alternative compliance;
f. All on- and off-road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and or job sites to
remind drivers and operators of the 5-minute idling limit;
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g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors, if feasible;
i. Electrify equipment, when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and
k. Use alternative-fueled construction equipment on-site where feasible, such
as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or
biodiesel.
AQ-2 The following SLOAPCD-recommended mitigation measures shall be
implemented to reduce construction generated fugitive dust. These measures shall
be shown on grading and building plans.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks, SLOAPCD-approved dust suppressants (see Section 4.3
in the CEQA Air Quality Handbook), or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site and from exceeding
the SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60-
minute period. Increased watering frequency would be required whenever
wind speeds exceed 15 miles per hour (mph). Reclaimed (non-potable)
water should be used whenever possible. Please note that since water use
is a concern due to drought conditions, the contractor or builder shall
consider the use of a SLOAPCD-approved dust suppressant where feasible
to reduce the amount of water used for dust control. For a list of
suppressants, see Section 4.3 of the CEQA Air Quality Handbook.
c. All dirt stockpile areas should be sprayed and covered daily, as needed.
d. Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon as
possible following completion of any soil-disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater
than 1 month after initial grading should be sown with a fast-germinating,
non-invasive grass seed and watered until vegetation is established.
f. All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the SLOAPCD.
g. All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible. In addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
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i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered
or should maintain at least 2 feet of freeboard (minimum vertical distance
between the top of load and top of trailer) in accordance with California
Vehicle Code (CVC) Section 23114.
j. Install wheel washers at the construction site entrance/exit, wash off the
tires or tracks of all trucks and equipment leaving the site, or implement
other SLOAPCD-approved track-out prevention devices sufficient to
minimize the track-out of soil onto paved roadways.
k. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be
used where feasible.
l. The burning of vegetative material shall be prohibited. Effective February
25, 2000, the SLOAPCD prohibited developmental burning of vegetative
material within San Luis Obispo County. If you have any questions
regarding these requirements, contact the SLOAPCD Engineering &
Compliance Division at (805) 781-5912.
m. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures
as necessary to minimize dust complaints, reduce visible emissions below
20% opacity, and to prevent the transport of dust off-site. Their duties shall
include holidays and weekend periods when work may not be in progress.
The name and telephone number of such persons shall be provided to the
SLOAPCD Compliance Division prior to the start of any grading, earthwork,
or demolition.
n. When applicable, portable equipment, 50 horsepower (hp) or greater, used
during construction activities shall be registered with the California
statewide portable equipment registration program (issued by the CARB) or
be permitted by the SLOAPCD. Such equipment may include power
screens, conveyors, internal combustion engines, crushers, portable
generators, tub grinders, trammel screens, and portable plants (e.g.,
aggregate plant, asphalt plant, concrete plant). For more information,
contact the SLOAPCD Engineering & Compliance Division at (805) 781-
5912.
o. Construction of the proposed project shall use low volatile organic
compound (VOC)-content paints not exceeding 50 grams per liter.
p. To the extent locally available, use prefinished building materials or
materials that do not require the application of architectural coatings.
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AQ-3 The following measures shall be implemented to reduce construction emissions
from on- and off-road construction equipment (NOX, ROG, and DPM). These
measures shall be shown on grading and building plans:
a. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
1. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Use of alternative-fueled equipment is recommended whenever
possible; and
4. Signs that specify the no-idling requirements must be posted and
enforced at the construction site.
b. Idling Restrictions for On-Road Vehicles. Section 2485 of 13 CCR limits
diesel-fueled commercial motor vehicles that operate in the state of
California with gross vehicular weight ratings of greater than 10,000 pounds
and licensed for operation on highways. It applies to California and non-
California-based vehicles. In general, the regulation specifies that drivers of
said vehicles:
1. Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location, except as noted in Subsection (d) of the
regulation; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to
power a heater, air conditioner, or any ancillary equipment on that
vehicle during sleeping or resting in a sleeper berth for greater than
5 minutes at any location when within 100 feet of a restricted area,
except as noted in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to
remind drivers of the 5-minute idling limit. The specific requirements and
exceptions in the regulation can be reviewed at the following web site:
www.arb.ca.gov/msprog/truck-idling/2485.pdf.
c. Idling Restrictions for Off-Road Equipment. Off-road diesel equipment shall
comply with the 5-minute idling restriction identified in Section 2449(d)(3) of
the CARB’s In-Use Off-Road Diesel regulation:
www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf.
Signs shall be posted in the designated queuing areas and job sites to
remind off-road equipment operators of the 5-minute idling limit.
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AQ-4 The following mitigation measures shall be implemented to reduce the disturbance
of asbestos and lead. Strategies include but are not limited to the following:
a. Demolition of on-site structures shall comply with the National Emission
Standards for Hazardous Air Emissions (NESHAP) requirements (40 Code
of Federal Regulations [CFR] Part 61, Subpart M) for the demolition of
existing structures. The SLOAPCD is delegated authority by the EPA to
implement the federal Asbestos NESHAP. Prior to demolition of on-site
structures, the SLOAPCD shall be notified, per NESHAP requirements. The
SLOAPCD notification form and reporting requirements are included in
Appendix A. Additional information may be obtained at the following
website: http://slocleanair.org/business/asbestos.php.
b. If during the demolition of existing structures paint is separated from the
construction materials (e.g., chemically or physically), the paint waste will
be evaluated independently from the building material by a qualified
hazardous materials inspector to determine its proper management. All
hazardous materials shall be handled and disposed of in accordance with
federal, state, and local regulations. According to the California Department
of Toxic Substances Control (DTSC), if the paint is not removed from the
building material during demolition (and is not chipping or peeling), the
material can be disposed of as construction debris (a non-hazardous
waste). The landfill operator will be contacted prior to disposal of building
material debris to determine any specific requirements the landfill may have
regarding the disposal of lead-based paint materials. The disposal of
demolition debris shall comply with any such requirements. Contact the
SLOAPCD Enforcement Division at (805) 781-5912 for more information.
Approval of a lead work plan and permit may be required. Lead work plans,
if required, will need to be submitted to SLOAPCD 10 days prior to the start
of demolition.
c. Prior to any grading activities, a geologic evaluation shall be conducted to
determine if NOA is present within the area that will be disturbed, unless the
applicant agrees to comply with the Asbestos ATCM without an evaluation.
If NOA is not present, an exemption request must be filed with the
SLOAPCD. If NOA is found at the site, the applicant must comply with all
requirements outlined in the Asbestos ATCM. These requirements may
include but are not limited to:
1. Development of an Asbestos Dust Mitigation Plan, which must be
approved by the SLOAPCD before operations begin; and
2. Development and approval of an Asbestos Health and Safety
Program (required for some projects).
OASP Final EIR 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.
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OASP Final EIR AQ-1(d). Telecommuting. All new homes within the Specific Plan area
shall be constructed with internal wiring/cabling that allows telecommuting,
teleconferencing, and telelearning to occur simultaneously in at least three
locations in each home.
OASP Final EIR 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.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with
the County of San Luis Obispo Air Pollution Control District, as necessary.
Biological Resources
OASP Final EIR 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 no more than 30 days prior to the start of 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 250 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.
OASP Final EIR B-5(c). Monarch Pre-Construction Survey. If initial ground-breaking
is to occur between the months of October and March a preconstruction 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.
OASP Final EIR 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.
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OASP Final EIR B-6(d). 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 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)
With the exception of poison oak, only those species listed in the Specific Plan’s
Suggested Plant List (Appendix E) shall not be planted anywhere on-site because
they are invasive non-native plant species. Poison oak is a native plant species
and could be used to deter human entrance to an area such as a
mitigation/enhancement area.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans for review and approval by the City Community Development
Department. The pre-construction surveys shall be completed prior to any site
disturbance, including grading, trenching, or demolition. The biologist completing the
surveys shall provide a report to the City Community Development Department and
Natural Resources Manager within 5 days of completion of surveys. The Educational Pet
Brochure shall be reviewed and approved by the City Community Development
Department prior to occupancy of the first unit.
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The City Community Development Department and Natural Resources Manager shall
review the final landscape plan after it has been reviewed and approved by the project
qualified biologist. The City Community Development Department and Natural Resources
Manager verify compliance of all measures.
Cultural Resources
OASP Final EIR CR-1(d). Archaeological Resource Construction Monitoring. At the
commencement of project construction, an orientation meeting shall be conducted
by an archaeologist for construction workers associated with earth disturbing
procedures. The orientation meeting shall describe the possibility of exposing
unexpected archaeological resources and directions as to what steps are to be
taken if such a 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.
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The City Community Development Department shall verify compliance, including
preparation and implementation of the Monitoring Plan, and review and approval of
cultural resources monitoring reports documenting compliance with required mitigation
measures.
Note: Isolated finds were not identified on the proposed project site and the requirement for
monitoring during construction within 50 meters of the two isolated finds does not apply to this
project.
Geology and Soils
GEO-1 Prior to application for construction permits of any development at the project site,
the applicant shall retain a qualified soil engineer to prepare a revised Soils
Engineering Report to evaluate on-site soil stability risks, including expansive soils.
This report shall include specific design recommendations to properly safeguard
against risks identified. The applicant shall incorporate all recommendations
identified in the geotechnical report into the final design and construction plans for
the project.
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OASP Final EIR G-4(a). Expansive Soils Grading. If the project area is identified as
having expansive soils (through the Soils Engineering Report required in [OASP
Final EIR] Mitigation Measure G-2(a)), the foundations and transportation
infrastructure shall be designed by a structural engineer to withstand the existing
conditions, or the site shall be graded in such a manner to address the condition.
Suitable measures to reduce impacts from expansive soils could include, but need
not be limited to:
a. Excavation of existing soils and importation of non-expansive soils; and/or
b. Foundation design to accommodate certain amounts of differential expansion
such as post-tensional slab and/or ribbed foundations designed in accordance
with Chapter 18, Division III of the Uniform Building Code.
GEO-2 Should any vertebrate fossils or potentially significant finds (e.g., numerous well-
preserved invertebrate or plant fossils) be encountered during work on the site, all
activities in the immediate vicinity of the find shall cease until a qualified
paleontologist evaluates the find for its scientific value. If deemed significant, the
paleontological resource(s) shall be salvaged and deposited in an accredited and
permanent scientific institution where they will be properly curated and preserved.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development and Public
Works Departments. Compliance shall be verified by the City during regular inspections.
Greenhouse Gas Emissions
GHG-1 The following mitigation measures shall be implemented to reduce long-term
operational GHG emissions:
a. The project shall be served by Central Coast Community Energy (CCCE).
b. The project shall provide on-site bicycle parking/amenities and electric vehicle
(EV) charging stations in accordance with applicable building code
requirements.
c. The project shall incorporate a pedestrian and bicycle access network that
connects proposed on-site land uses to adjacent existing or planned pedestrian
and bicycle facilities contiguous with the project site.
d. The project shall be designed to minimize barriers to pedestrian access and
interconnectivity.
e. The project shall be designed to provide safe and convenient access to public
transit contiguous to the project site.
f. The project shall provide organic waste pick up and shall provide the
appropriate on-site enclosures consistent with the provisions of the City of San
Luis Obispo Development Standards for Solid Waste Services.
g. Trees shall be planted in accordance with the City’s municipal code
requirements.
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Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with
the County of San Luis Obispo Air Pollution Control District, as necessary.
Hazards
OASP Final EIR S-4(d). 55-Gallon Drums. Prior to development on the property where
55-gallon drums were identified as shown in Figure 4.9-1 [of the Final EIR for the
OASP], 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. Once the extent of contamination is delineated, an appropriate
remediation method should be implemented according to the size of the area
contaminated and the contaminant involved.
Monitoring Program: The applicant shall provide the City Community Development
Department with the soil sample analysis and report prior to issuance of any construction,
grading, or site improvement permits. Compliance shall be verified by the City Community
Development Department. [Note the 55-gallon drums and equipment identified in Figure
4.9-1 are a few yards to the north of this project site. Applicant will provide a soil sample
analysis and report for samples take on its property in the vicinity of the drums. Applicant
shall not be required to obtain samples on property it does not own.]
Hydrology and Water Quality
OASP Final EIR D-1(a). Erosion Control Plan. Prior to issuance of grading permits, the
applicant shall submit a detailed erosion control plan (ECP) to the City Community
Development Department for review and approval. At a minimum, the ECP should
be prepared according to the guidelines outlined in the Drainage Design Manual
and should include the following:
a. A proposed schedule of grading activities, monitoring, and infrastructure
milestones in chronological format;
b. Identification of critical areas of high erodibility potential and/or unstable
slopes;
c. Soil stabilization techniques such as short-tern biodegradable erosion
control blankets and hydroseeding should be utilized. Silt fences should be
installed downslope of all graded slopes. Straw bales should be installed in
the flow path of graded areas receiving concentrated flows, as well as
around storm drain inlets;
d. Description of erosion control measures on slopes, lots, and streets;
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e. Contour and spot elevations indicating runoff patterns before and after
grading;
f. Filter systems at catch basins (drop inlets) in public streets as a means of
sediment control; and
g. Post-construction inspection of all drainage facilities for accumulated
sediment, and the clearing of these drainage structures of debris and
sediment.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development, Public
Works, and Utilities Departments. Compliance shall be verified by the City during regular
inspections.
OASP Final EIR D-1(b). Storm Water Pollution Prevention Plan. The applicant shall
comply with NPDES General Construction Activities Storm Water Permit
Requirements established by the CWA. Pursuant to the NPDES Storm Water
Program, an application for coverage under the statewide General Construction
Activities Storm Water Permit (General Permit) must be obtained for project
development. It is the responsibility of the project applicant to obtain coverage prior
to site construction.
The applicant can obtain coverage under the General Permit by filing a Notice of
Intent (NOI) with the State Water Resource Control Board’s (SWRCB) Division of
Water Quality. The filing shall describe erosion control and storm water treatment
measures to be implemented during and following construction and provide a
schedule for monitoring performance. These BMPs will serve to control point and
non-point source (NPS) pollutants in storm water and constitute the project’s
SWPPP for construction activities. While the SWPPP will include several of the
same components as the ECP, the SWPPP will also include BMPs for preventing
the discharge of other NPS pollutants besides sediment (such as paint, concrete,
etc.) to downstream waters.
• Notice of Intent. Prior to beginning construction, the applicant shall file a Notice
of Intent (NOI) for discharge from the proposed development site.
• Storm Water Pollution Prevention Plan. The applicant shall require the building
contractor to prepare and submit a SWPPP to the City forty-five (45) days prior
to the start of work for approval. The contractor is responsible for understanding
the State General Permit and instituting the SWPPP during construction. A
SWPPP for site construction shall be developed prior to the initiation of grading
and implemented for all construction activity on the project site in excess of one
acre. The SWPPP shall include specific BMPs to control the discharge of
material from the site. BMP methods may include, but would not be limited to,
the use of temporary detention basins, straw bales, sand bagging, mulching,
erosion control blankets, silt fencing, and soil stabilizers.
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Additional BMPs should be implemented for any fuel storage or fuel handling
that could occur on-site during construction. The SWPPP must be prepared in
accordance with the guidelines adopted by the State Water Resources Control
Board (SWRCB). The SWPPP shall be also submitted to the City along with
grading/development plans for review and approval.
• Notice of Completion of Construction. The applicant shall file a notice of
completion of construction of the development, identifying that pollution
sources were controlled during the construction of the project and implementing
a closure SWPPP for the site.
Monitoring Program: The SWPPP shall be obtained prior to issuance of any grading
permits, subdivision improvement plans, or public improvement plans. The applicant shall
provide a copy of the approved SWPPP or NOI to the City Public Works Department for
review.
OASP Final EIR D-3(a). Payment of Fair Share Fees for Area Drainage
Improvements. The City/Zone 9 Waterway Management Plan (WMP, Questa,
2002) provides for imposition of a Drainage Impact Fee on new development
projects that would result in adverse hydrological impacts. The Drainage Impact
Fee can only be used to pay for drainage improvements made necessary by the
hydrologic impacts of a project. The applicant shall pay their “fair share” of any
mitigation fee established by the City of San Luis Obispo for drainage
improvements made necessary by cumulative project development. These fair
share fees may be used to fund components of the City’s Storm Drain Master Plan
(Boyle Engineering, 2000), or other improvements as identified by the City.
Components of the City’s Storm Drain Master Plan preferred alternative
downstream of the Orcutt Plan Area include:
• A new concrete box culvert at Broad Street on Orcutt Creek,
• A new concrete slab bridge at Santa Fe Road on the East Branch of SLO
Creek, and
• A modified channel for improved conveyance capacity from Santa Fe to
Buckley Road on the East Branch of SLO Creek.
Monitoring Program: The fee shall be paid prior to issuance of building, grading, or site
improvement permits.
Noise
OASP Final EIR 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:
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• 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 compressors and similar power tools.
• Sound Blankets. The use of sound blankets on noise generating
equipment
N-1 For the entire duration of the construction phase of the project, the following BMPs
shall be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60
dBA at the project boundaries shall be shielded with the most modern noise
control devises (i.e., mufflers, lagging, and/or motor enclosures).
b. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used
for project construction shall be hydraulically or electrically powered
wherever possible to avoid noise associated with compressed-air exhaust
from pneumatically powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed-air exhaust shall be used.
d. All construction equipment shall have the manufacturers’ recommended
noise abatement methods (such as mufflers, engine enclosures, and engine
vibration insulators) installed, intact, and operational.
e. All construction equipment shall undergo inspection at periodic intervals to
ensure proper maintenance and presence of noise control devices (e.g.,
mufflers, shrouding, etc.).
N-2 Construction plans shall note construction hours, truck routes, and all construction
noise BMPs and shall be reviewed and approved by the City Community
Development Department prior to issuance of grading/building permits. The City
shall provide and post signs stating these restrictions at construction entry sites
prior to commencement of construction and maintained throughout the
construction phase of the project. All construction workers shall be briefed at a
preconstruction meeting on construction hour limitations and how, why, and where
BMP measures are to be implemented.
N-3 For all construction activity at the project site, additional noise attenuation
techniques shall be employed as needed to ensure that noise levels are
maintained within levels allowed by the City of San Luis Obispo Municipal Code,
Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not
limited to, the following:
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a. Sound blankets shall be used on noise-generating equipment.
b. Stationary construction equipment that generates noise levels above 65
dBA at the project boundaries shall be shielded with a barrier that meets a
sound transmission class (a rating of how well noise barriers attenuate
sound) of 25.
c. All diesel equipment shall be operated with closed engine doors and shall
be equipped with factory-recommended mufflers.
d. The movement of construction-related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors shall
be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through
Saturday. No movement of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day).
e. Temporary sound barriers shall be constructed between construction sites
and affected uses.
N-4 Construction activities shall be conducted so that the maximum noise levels at
affected properties will not exceed 75 dBA for single-family residential uses and
80 dBA for multi-family residential uses.
N-5 The project contractor shall inform residents and business operators at properties
within 300 feet of the project of proposed construction timelines and noise
compliant procedures to minimize potential annoyance related to construction
noise. Signs shall be in place prior to and throughout grading and construction
activities informing the public that noise-related complaints shall be directed to the
construction manager prior to the City Community Development Department.
N-6 All residential development within 240 feet of the centerline of the UPRR (identified
by Exhibit 4 of the 2019 Noise Analysis) shall include adequate ventilation in
compliance with the California Building Code so that adequate noise attenuation
may be achieved with windows closed.
N-7 Indoor noise levels shall be reduced using the design and materials techniques
described in OASP Programs 4.5.1a, 4.5.1b, 4.5.1c, 4.5.1d, 4.5.1e, 4.5.1f, 4.5.2a,
4.5.2b, and 4.5.2c. All residential development within 163 feet of the centerline of
the UPRR (identified by Exhibit 3 of the 2019 Noise Analysis) shall include a noise
barrier at least six feet in height that will shield exterior residential uses (i.e. patios,
decks) from noise exposure greater than 60 CNEL. The noise barriers for the
decks and patios must have a surface density of at least 3.5 pounds per square
foot, and shall have no openings or gaps. The wall may be constructed of stud and
stucco, 3/8-inch plate glass, 5/8-inch Plexiglas or Lexan, any masonry material, or
a combination of these materials. Additionally, individual homes shall be designed
so that structures block the line-of-sight from usable backyards to the railroad
tracks. For homes with backyards not blocked by intervening structures, backyard
fencing shall be installed of sufficient height to block line-of-sight to the railroad
tracks.
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Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections.
OASP Final EIR N-5(a). Fair Share of Cumulative Noise Improvements. Applicants
under the Specific Plan must contribute their fair financial share, as determined by
the City, to the implementation of one or more of the mitigation approaches listed
in policy 9 of the Noise Element (refer to Appendix E of this EIR). The Specific Plan
shall be revised to include a specific program to contribute to mitigating cumulative
impacts. Implementation of the program must occur prior home occupancy for
development pursuant to the Specific Plan.
Monitoring Program: The fee shall be paid prior to issuance of any building permits.
Transportation
TR-1 Prior to issuance of building permits, the project applicant/owner(s) shall provide
finalized circulation plans indicating addition of W11-2 pedestrian warning signage
along Ranch House Road in both directions approaching the Ranch House
Road/Sponza Place intersection.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City Community Development and Public
Works Departments. Compliance shall be verified by the City during regular inspections.
Section 3. Action. The project conditions of approval do not include mandatory
code requirements. Code compliance will be verified during the plan check process, which
may include additional requirements applicable to the project. The City Council does
hereby grant final approval of the architectural review application ARCH-0489-2019 and
SBDV-0490-2019 for a residential and mixed-use development project located at 3580
and 3584 Bullock Lane (“Project”), subject to the following conditions:
Planning Division – Community Development Department
1. Final Project design and construction drawings submitted for a building permit shall
be in substantial compliance with the project plans approved by the ARC. A
separate, full-size sheet shall be included in working drawings submitted for a
building permit that lists all conditions of project approvals listed as sheet number 2.
2. Reference shall be made in the margin of listed items as to where in plans
requirements are addressed. Any change to approved design, colors, materials,
landscaping, or other conditions of approval must be approved by the Director or
Architectural Review Commission, as deemed appropriate.
3. Plans submitted for a building permit shall call out the colors and materials of all
proposed building surfaces and other improvements. Colors and materials shall be
consistent with the color and material board submitted with Architectural Review
application.
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4. Signage for the Project shall be consistent with the sign program described in the
project description and below. Any requests to modify the sign program shall be
submitted to the Community Development Director for review.
Sign Type Quantity Maximum Size and dimensions
Awning Sign 3 18 inches x 6 feet (9 square feet)
Wall Sign 4 18 inches x 6 feet (9 square feet)
Awning Sign (corner
commercial space)
1 18 inches x 8 feet (12 square feet)
Awning Sign (corner
commercial space)
1 18 inches x 12 feet (18 square feet)
Residential Monument Sign 1 30 square feet (approx. 4 feet x 12 feet)
Apartment Community Sign 1 36 square feet (24 feet x 1.5 feet)
Total No. of Signs 11
Wall signs may be made from wood, metal, or plastic. Wall signs may be painted on
the wall or on a board that is attached to the wall. Signs may be illuminated externally
or internally consistent with Municipal Code Section 15.40.430. The residential
monument sign shall have a maximum height of 4 feet and width of 12 feet. The sign
shall have a stucco finish with a terracotta cap that ties into the project architecture
and shall not be illuminated.
5. Plans submitted for building permits shall include a photometric plan, demonstrating
compliance with maximum light intensity standards not to exceed a maintained value
of 10 foot-candles. The locations of all lighting, including bollard style landscaping
or path/parking lighting, shall be included ·in plans submitted for a building permit.
All wall-mounted lighting fixtures shall be clearly called out on building elevations
included as part of working drawings. Any wall mounted lighting installed above the
first floor on the exterior elevations shall be minimal and consider its impact on the
surrounding neighborhood. All wall-mounted lighting shall complement building
architecture, subject to the approval of the Community Development Director. The
lighting schedule for the building shall include a graphic representation of the
proposed lighting fixtures and cut-sheets on the submitted building plans. The
selected fixture(s) shall be shielded to ensure that light is directed downward
consistent with the requirements of the City's Night Sky Preservation standards
contained in Chapter 17.70.100 of the Zoning Regulations.
6. Plans submitted for a building permit shall include window details indicating the type
of materials for the window frames and mullions, their dimensions, and colors. Plans
shall include the materials and dimensions of all lintels, sills, surrounds recesses
and other related window features. Plans shall demonstrate the use of high-quality
materials for the windows that reflect the architectural style of the project and are
compatible with the neighborhood character, to the approval of the Community
Development Director.
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7. Plans submitted for a building permit shall include balcony railing details indicating
the type of materials, picket details, dimensions and colors. Plans shall demonstrate
the use of high-quality materials for the railings that reflect the architectural style of
the Project and are compatible with the neighborhood character, to the approval of
the Community Development Director.
8. Plans submitted for a building permit shall include all trim and awning details
indicating the type of materials, dimensions and colors. Plans shall demonstrate the
use of high-quality materials that reflect the architectural style of the project and are
compatible with the neighborhood character and recommendations of the
Architectural Review Commission, subject to the approval of the Community
Development Director.
9. Mechanical and electrical equipment shall be located internally to the buildings or
screened by fencing, landscaping, building features, and/or other treatments. With
submittal of working drawings, the applicant shall include sectional views of the
building, which clearly show the sizes of any proposed condensers and other
mechanical equipment. If any condensers or other mechanical equipment is to be
placed on the roof, plans submitted for a building permit shall confirm that parapets
and other roof features will adequately screen them. A line-of-sight diagram may be
required to confirm that proposed screening will be adequate. This condition applies
to initial construction and later improvements.
10. Storage areas for trash and recycling cans shall be screened from the public right-
of-way consistent with §17.70.200 of the Zoning Regulations. The subject property
shall be maintained in a clean and orderly manner at all times; free of excessive
leaves, branches, and other landscape material. The applicant shall be responsible
for the clean-up of any landscape material in the public right-of-way.
11. A final landscaping plan, including all irrigation details, shall be submitted to the
Community Development Department along with working drawings. The legend for
the landscaping plan shall include the sizes and species of all groundcovers, shrubs,
and trees with corresponding symbols for each plant material showing their specific
locations on plans. Landscaping plans shall include the following information, at a
minimum:
a. The species, diameter at breast height, location, and condition of all existing
trees;
b. Identification of trees that will be retained, removed, or relocated;
c. Location and size of plant and tree species proposed to be planted;
d. The location of proposed utilities, driveways, street tree locations, and the
size and species of proposed street trees; and
e. A reclaimed water irrigation plan.
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12. The final landscape plan shall provide details showing that the street trees are
consistent with the OASP selected tree species and that where possible, plant Coast
Live Oaks. Coast Live Oaks shall be planted with 8 feet of clearance on all sides.
Additionally, the tree replacement ratio shall remain greater than 1:1 as provided in
the project description.
13. The location of any required backflow preventer and double-check assembly shall
be shown on all site plans submitted for a building permit, including the landscaping
plan. Construction plans shall also include a scaled diagram of the equipment
proposed. Where possible, as determined by the Utilities Director, equipment shall
be located inside the building within 20 feet of the front property line. Where this is
not possible, as determined by the Utilities Director, the back-flow preventer and
double-check assembly shall be located in the street yard and screened using a
combination of paint color, landscaping and, if deemed appropriate by the
Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
14. Plans submitted for construction permits shall include elevation and detail drawings
of all walls, retaining walls, and fences or any combination. Plans should clearing
show the location of property lines. Fences, walls, and hedges shall comply with the
development standards described in the Zoning Regulations §17.70.070. Walls,
fences, and combinations that exceed the development standards shall be approved
through the entitlement process or separate Fence Height exception process.
15. The location of any required transformer shall be shown on the site plans submitted
for a building permit and shall be screened by structures, walls, or heavy landscaping
to the satisfaction of the Community Development Director.
16. Bicycle Parking: Plans submitted for a building permit shall clearly depict the location
of all required short and long-term bicycle parking for all intended uses. Plans
submitted for construction permits shall include bicycle lockers or interior space
within each residential unit, including garage space, for the storage of at least two
bicycle per residential unit. Sufficient detail shall be provided about the placement
and design of bike racks and lockers to demonstrate compliance with relevant
Engineering Standards and Community Design Guidelines for long-term bicycle
parking, to the satisfaction of the Public Works and Community Development
Directors.
Unless otherwise approved by the Public Works Department, short-term bicycle
parking shall consist of “peak style” racks. Plans submitted for a building permit shall
clearly depict the bicycle rack type proposed, location and dimensions of all short
bicycle parking. Sufficient detail shall be provided about the placement and design
of bike racks to demonstrate compliance with relevant Engineering Standards and
Community Design Guidelines, to the satisfaction of the Public Works and
Community Development Directors.
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17. The design of proposed structures will incorporate noise attenuating construction
techniques that reduces noise exposure to acceptable levels. Exposure in outdoor
activity areas must not exceed 60 dB and indoor exposure must not exceed 45 dB
consistent with the City’s Noise Ordinance. Plans submitted for construction permits
must clearly indicate and describe noise attenuation measures, techniques, and
materials, and demonstrates their compliance with noise levels limits.
18. Affordable Housing: Prior to issuance of a building permit, the applicant shall record
an agreement, in a form subject to the approval of the City Attorney, ensuring that
the project includes 7 deed restricted affordable housing units (2 low and 5 moderate
income households) as shown in the plans submitted for Planning Commission
review and the table below. The affordable housing units shall be of similar quality,
size, and amenities as the market rate units and dispersed throughout the project.
The affordable housing units shall be constructed at the same time, or before, the
market units are constructed in the same building or adjacent buildings.
Housing
Type
No. of
Bedrooms
No. of Affordable
Bungalow 1 1 Low
Bungalow 3 1 Moderate
Townhouse 1 1 Moderate
Townhouse 1 1 Low, 2 Moderate
Townhouse 2 1 Moderate
19. 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. Prior to occupancy, an overflight
notification shall be recorded and appear with the property deed. The applicant shall
also record a covenant with the City to ensure that disclosure is provided to all
buyers and lessees at the subject property. Notice form and content shall be to the
satisfaction of the Community Development Director and include the following
language:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity
of an airport, within what is known as the airport influence area. For that reason, the
property may be subject to some of the annoyances or inconveniences associated
with proximity to airport operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the
property before you complete your purchase and determine whether they are
acceptable to you.
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20. 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,
railroad, or mixed-use operations prior to entering any contractual obligation to
purchase, lease, rent, or otherwise occupy any property or properties on the project
site.
21. 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 Homeowners Association(s) (“HOA”) and shall be
included in the CC&Rs or other property maintenance agreement accordingly.
22. The proposed Project was deemed complete on January 10, 2020 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.
23. 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, except as set forth herein.
24. Building plans for the project shall include a tot lot located adjacent and east of the
Neighborhood Gathering Space identified on Sheet L1 of the project plans that is a
minimum of 650 square feet in size and includes play equipment (e.g. slides,
climbing apparatus, grassy areas, etc.), and appropriate safety features (e.g.
fencing, playground mulch, etc.) to the satisfaction of the Community Development
Director.
Engineering Division – Public Works/Community Development
25. The developer shall pay the required parkland (Quimby) fee at the time of
recordation of the subdivision map in accordance with the City’s fee resolution and
OASP Parkland reimbursement agreement. The park improvement fees shall be
paid at the time of building permit issuance. The fees shall be based on the
appropriate fee schedule in effect at the time of permit application.
26. The developer shall pay the prescribed reimbursement fee in accordance with the
Infrastructure Reimbursement Agreement per Document No. 2017030488 on file in
the Office of the San Luis Obispo County Recorder. The fee substantiation and
payment timing shall be in accordance with the provisions of said agreement.
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Dedications and Easements
27. The City supports the summary abandonment of the 30’ Offer of Dedication for
Public Street and Utility purposes as recorded per Document Number 2017025192
on June 9, 2017 on file in the Office of the County Recorder. The City has determined
that a portion or all of the offered property is not needed for public street or utilities
purposes. The final map may be used to abandon all or a portion of said offer
depending upon the final subdivision improvement design. The map shall include
the new/amended offer along the Ranch House Road frontage along with any
required street tree and Public Utility Easement (PUE).
28. Except as set forth herein, 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 Developer and granted by the City. Said easements may be
provided for in part or in total as blanket easements.
29. Except as set forth herein, the final map, improvement plans, and separate
instruments, if any, 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, roadway
improvements, bikeways, pedestrian paths, and bike/pedestrian bridges.
30. The improvement plans, final map, and separate instruments, if any, shall clarify the
limits of the UPRR right-of-way and shall show and note any established
monumentation for reference. The clarification shall include the defined right-of-way
as related to the existing track(s), whether measured from the mainline track,
centerline of the tracks, or centerline of the easterly (siding) track.
31. Access rights shall be dedicated to the City along the Project’s frontage with both
Bullock Lane and Ranch House Road, except at approved driveway locations and
intersections as shown on the tentative map or as otherwise approved by the City.
32. 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. Any reduction
or elimination of these easements along the Ranch House Road frontage of Lot 2
and Lot 9 shall be approved to the satisfaction of the Public Works Department and
serving utility companies.
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33. The private sewer and stormwater easements on the Project site which are noted
for abandonment shall be terminated or quit-claimed prior to approval of the
subdivision improvement plans and map recordation.
34. All improvements on private property shall be owned and maintained by the
individual property owners or the (HOA) as applicable. Private improvements include
but are not limited to internal streets, sidewalks, private pedestrian/bike paths, sewer
mains, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, and common areas.
35. A notice of requirements or other agreement acceptable to the City of San Luis
Obispo may need to be recorded in conjunction with the Final Map for construction
phasing to clarify development restrictions and/or conditions of development, set
forth in these conditions of approval.
36. Except as set forth herein, 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.
37. Except as set forth herein and/or where the City agrees to take a lead in securing
access rights or easements, the Developer shall acquire any off-site
dedication/acquisition of property for public right-of-way purposes necessary to
facilitate orderly development of the OASP improvements required to be constructed
by the Developer as described herein. The Developer shall work with the City and
the landowner(s) to acquire the necessary rights-of-way. In the event the Developer
is unable to acquire said rights-of-way, the City Council may consider lending the
Developer 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 Developer shall agree to pay all costs associated with the off-site right-
of-way acquisition (including attorney fees and court costs).
38. The City recognizes that the existing sections of the original 30’ Bullock Lane north
of the Pratt parcels that were party to the street improvement and assessment, along
with the accepted offers of dedication for the widening of Bullock are considered
public rights-of-way. The developer or their contractor shall secure an encroachment
permit from the City for work or construction staging within the Bullock Lane public
right-of-way.
39. With respect to any off-site improvements, except for the extension of the Railroad
Safety Trail (“Bike Path”) as set forth herein, prior to the approval of the development
improvement plans or the filing of the Final Map, the developer/subdivider shall
either:
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a. Clearly demonstrate their right to construct the improvements by showing
access to, 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. Developer 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
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 Developer 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.
Improvement Plans
40. Except as set forth herein, all public improvements, including any off-site
improvements, shall be designed, and completed to the satisfaction of the Public
Works Department, Utilities Department and Fire Department. Public Improvements
shall be in substantial conformance with the OASP, Bicycle Transportation
Plan/Active Transportation Plan, and City Engineering Standards, except where the
Developer and/or the City have requested and been granted a formal design
exception. Where conflicts occur between the City Engineering Standards and
concepts identified in the OASP, final determination shall be provided by the City
Engineer.
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41. On-site private streets, pedestrian pathways, and common areas and facilities shall
comply with the City Parking and Driveway Standards, City Standard Specifications
and Engineering Standards, ADA standards, and the California Building Code as
applicable.
42. The public improvement plans shall include full frontage improvements along Ranch
House Road and Bullock Lane in accordance with the tentative map, OASP and City
Engineering Standards as follows:
a. Ranch House Road: Improvements shall include the full Project (Tract
3136) frontage. Unless otherwise approved by the City Engineer, the plans
shall show, at a minimum, all improvements along the project frontage
including 5’ sidewalk, 7’ landscaped parkway, concrete curb and gutter, 6’
southbound bike lane, 12’ southbound travel lane, and complete details for
the new project driveway/intersection access. The proposal to use a 5’
sidewalk in accordance with the OASP shall include full compliance with
ADA access requirements. Otherwise, the sidewalk or sections of sidewalk
may need to be widened to accommodate minimum clearances around
sidewalk furniture such as posts, light standards, and fire hydrants.
Improvements do not include construction of curb/gutter/sidewalk or other
street improvements along the frontage of the neighboring property north of
Tract 3136, except for transitions to the unimproved shoulder.
b. Bullock Lane: Improvements shall include the full Project (Tract 3136)
frontage and extending northerly approximately 230 feet along the 3540 and
3560 Bullock Lane property frontages to connect with the existing sidewalk
and paved roadway at the southern boundary of the Willow Creek Country
Estates property. Unless otherwise approved by the Public Works
Department via design exception request, the plans shall show, at a
minimum, all improvements along this extent, including the following street
elements listed from the east to west side of Bullock Lane: 6’ sidewalk with
concrete curb and gutter (4’ at driveways), 8’ parking lane (where street
parking is proposed), two 10’-12’ travel lanes, concrete curb and gutter. See
Transportation Conditions of Approval for details on Bike Path
improvements along west side of Bullock Lane.
Bullock Lane improvements shall include complete details for new project
driveway and undergrounding of overhead utilities on the east side of
Bullock Lane. Some off-site dedication of property for public right-of-way
purposes shall be required along the 3540 and 3560 Bullock Lane property
frontages to facilitate the Bullock Lane and shared-use path improvements,
and transitions between the existing adjoining road segments beyond the
tract boundaries. Some modifications to the existing off-site shared-use
path beyond the southerly tract boundary within Righetti Ranch may need
to be modified for vertical and/or horizontal control to accommodate the
project plans and to avoid the UPRR right-of-way.
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Public improvement plans for the Bike Path and portions of Bullock Lane
beyond the Project frontage may be provided as separate submittals from
the on-site and frontage improvement plans.
Design, permitting and construction costs for Bullock Lane improvements
north of the 3540 Bullock Lane frontage are eligible for Transportation
Impact Fee credits or reimbursement (with a public reimbursement
agreement approved by the City Council).
43. Unless stated otherwise in these conditions of approval, offers of dedication will be
required for the widening of Ranch House Road and Bullock Lane along the Project’s
frontage, and the extension of Bullock Lane and the Bike Path across the 3540 and
3560 Bullock Lane properties.
44. The Developer may present financing and reimbursement programs for
transportation improvements to be considered with approval and recordation of the
initial final map for VTM #3136. Any such program(s) will be subject to approval by
the City Council.
45. Unless stated otherwise in these conditions of approval, the public improvements
related to this development shall be approved or substantially approved to the
satisfaction of the Public Works and Community Development Departments prior to
issuance of any building permits and improvements shall be completed prior to
issuance of fist occupancy permits. Prior to approval of any deferrals, the Developer
shall demonstrate that the construction of the required improvements is impractical
to the satisfaction of the Community Development and Public Works directors. The
City generally supports a practical phasing of the following items, including but not
limited to:
a. The shared sitework improvements such as driveways, utilities, and
landscaping on each lot of Tract 3136 until the first certificate of occupancy
for the lot provided that the Developer shall substantially construct Sponza
Place including its utilities prior to issuance of a building permit for the
Project;
b. The permanent underground stormwater retention facilities located in
construction phase 2 of the Project (Phase 2) if replaced by a temporary
open storm water basin in Phase 2; and
c. Bullock Lane, the undergrounding of PG&E lines as set forth in Conditions
of Approval #64 and #65, all internal streets located in Phase 2 but for the
sections of “B” street and Court “4” necessary for through access, and/or
the Community Building, Pool, Spa, and Pool Building, until the first
certificate of occupancy in Phase 2.
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46. Unless stated otherwise in these conditions, the Developer shall exhaust reasonable
efforts to complete the final design and construction of the off-site transportation
improvements to the ultimate plan to limit the amount of throwaway improvements.
Phased, partial, or temporary improvements may be considered and shall be
approved to the satisfaction of the Public Works and Community Development
Departments. Temporary improvements may include water quality treatment Best
Management Practices (BMPs) and stormwater peak management facilities.
47. Unless otherwise approved by the Public Works Director, improvement plans shall
include the installation of public street lighting and all associated facilities including
but not limited to conduits, sidewalk vaults, fusing, wiring and luminaires along the
east side of Bullock Lane (along the Project frontage and frontage of 3540 and 3560
Bullock Lane properties) and west side of Ranch House Road along the Project
frontage per City Engineering Standards. Existing street lighting shall be shown on
the improvement plans for reference and will be considered in establishing the
required spacing, location, number, and type of fixtures.
48. 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.
49. Street trees are required as a condition of development. Street trees shall generally
be planted at the rate of one street tree for each 35 lineal feet of property frontage.
Landscape plans may include grouping of trees to vary this standard, to achieve
visual variety or where conflicts may exist with the site development and
infrastructure within the subdivision.
50. The subdivision improvement plans and building plan submittal shall include a
complete tree summary show the diameter and species of trees. The plan shall
clarify the trees to remain and the trees to be removed. Trees to remain may require
a tree preservation plan per City Engineering Standards.
51. A separate map check application, final map review fee, improvement plan
application, review fee, and inspection fee will be required in accordance with the
Engineering fee schedule in effect at the time of map or plan submittal. The plans
and supporting documents shall be in accordance with the codes and standards in
effect at the time of application. Multiple final maps will require a separate map
review fee for each subsequent map phase.
52. A separate demolition permit will be required from the Building Division for the
removal of any existing structures and related infrastructure. A separate application
may be required for each detached residential structure, if more than one.
Miscellaneous structures can be included in the demolition permit application for the
primary structure. Building removals are subject to the Building Demolition
Regulations including the additional notification and timing requirements for any
structure over 50-years old.
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53. The improvement plans submittal shall include a complete topographic survey
and/or existing site development plans showing all existing structures, site
improvements, utilities, water wells, septic tanks, leach fields, gas and wire services,
trees, etc. The plan shall clarify the limits of the demolitions and improvements to
remain. The plan shall show and note the location and proposed disposition of any
existing water wells, private waste disposal system, or leach fields whether active or
abandoned. 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.
54. Unless a phased construction plan is approved by the Community Development
Department, all access roads, required secondary access, fire department access,
fire department turn-around area(s), and any required fire hydrant installations shall
be completed prior to commencing with combustible construction.
55. If construction phasing of the new street pavement is proposed, the phasing shall
provide for the ultimate structural street section and pavement life (per the City's
Pavement Management Plan) prior to acceptance by the City. The engineer of
record shall detail this requirement in the public improvement plans, to the
satisfaction of the Public Works Director.
56. The development/improvement plan submittal shall include a complete construction
phasing plan in accordance with the conditions of approval, City codes, and
standards. 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.
57. Construction phasing plans shall consider emergency vehicle access, access to fire
hydrants, construction traffic, occupant access to facilities and amenities, and
public/visitor and occupant pedestrian and vehicle circulation requirements.
58. Street naming of the private streets and site addressing shall be established through
the map review and subdivision improvement plan review processes and prior to
building permit issuance in accordance with City guidelines. Street name signs shall
conform to City Engineering Standards for public vs. private streets.
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59. The parking and site development shall show and note compliance with the City
Engineering Standards, Community Design Guidelines, and the OASP.
60. Mailbox unit (MBUs) shall be provided on-site to the satisfaction of the Postal Service
and the City Planning Division. The number and location shall consider access,
convenience, and circulation requirements.
61. Private on-site lighting shall be provided per City Engineering Standards and the
OASP and/or as approved in conjunction with the ARC direction or PC/CC
approvals.
Utilities
62. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV
shall be served to each proposed lot/unit to the satisfaction of the Utilities
Department, Public Works Department, and serving utility companies. All public and
private mains shall be shown on the development/improvement plans and shall be
constructed per the City’s adopted codes and 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. Gas service may be omitted to all or a portion of the subdivision in
accordance with current City Codes and Standards.
63. The private water and recycled water mains shall be provided with backflow
prevention devices per City and State standards. The main sizing shall be justified
and approved to the satisfaction of the City. The backflow prevention device type,
size, and orientation shall be approved to the satisfaction of the Public Works
Department, Utilities Department, and Planning Division. A compact device type,
screening/landscape screening, and/or color matching may be required by the
Planning Division. Sizing analysis to potentially reduce the pipe and device size,
particularly with the recycled main line may be appropriate. Unless otherwise
required and approved by the City, the proposed looped domestic mainline shall be
eliminated in favor of a single point of connection.
64. All new wire utilities shall be placed underground. The underground placement shall
be completed without a net increase in utility poles located within the public right-of-
way unless specifically approved to the satisfaction of the Public Works and
Community Development Departments.
65. The existing overhead wire services and service poles that are located within this
tract and along the extent of the Bullock Lane frontage improvements described
herein shall be removed or services undergrounded 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.
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66. Street widening generally requires undergrounding per City codes and resolutions.
The applicant shall exhaust reasonable efforts to maintain, extend, or convert the
existing wire services to underground for the 3540 and 3560 Bullock Lane parcel(s)
located beyond the northerly tract boundary.
67. 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.
68. 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.
Detailed water meter manifold exhibits shall be included in the subdivision
improvement plans showing compliance with City Engineering Standards and
sequential addressing requirements.
Grading, Drainage and Stormwater
69. Agency permits required for any work within nearby drainage ditches shall be
secured prior to commencing with any demolitions, grading, and construction within
the jurisdictional areas. Any jurisdictional permits from the Army Corp, Fish and
Wildlife, or Regional Water Quality Control Board required for the drainage, site
improvements, street and road improvements shall be issued prior to plan approval
and/or commencing with work within the respective waterways. Permit conditions
shall be reflected on the approved plans and/or development submittal supporting
documents.
70. A SWPPP and Waste Discharger Identification Number (WDID) shall be issued and
referenced on the grading, erosion control, and stormwater control plan sheets prior
to permit issuance.
71. The limits of improvements within the nearby drainage ditches required for any
potential modifications proposed to the existing Bullock Lane culverts shall be
approved by the Public Works Director in collaboration with the City Biologist and
Natural Resources Manager.
72. The grading, drainage, and stormwater control plan shall clarify the scope and limit
of the existing and new drainage outlet structures proposed to discharge to the
existing facilities within the UPRR right-of-way. The drainage report and calculations
shall confirm the capacity of the existing roadside ditch. Any required outlet or
capacity improvements within the UPRR jurisdiction shall be approved by UPRR.
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73. 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. Run-on from adjoining
developed or undeveloped parcels shall be considered.
74. The drainage report shall show compliance with the more conservative peak
management requirements of the OASP for both the 50 and 100-year post
development events to match or be lower than the 25-year predevelopment Q.
75. Although not located within a mapped flood zone, the Project shall clarify any areas
of existing or proposed flooding. The calculated 100-year flood limits shall be shown
and noted on the improvement plans and an additional final map sheet for reference
if applicable. The drainage report and final plans shall clarify the 100-year flood
elevations, clearances, and freeboard at any new pedestrian/bicycle or vehicle
crossings of the creek corridors and for the UPRR roadside ditch.
76. This project site shall include the private and public improvements related to this
common plan for evaluation of the Post Construction Requirements (PCRs).
Temporary treatment facilities may be proposed for any minor off-site access
roadways. The final PCR compliance documentation, drainage management areas,
and improvement drawings shall include both the on-site and proposed public street
and sidewalk impervious surfaces. Run-off from all impervious surfaces shall be
treated in accordance with the PCR’s.
77. The off-site Bike Path improvements may qualify for an exemption within the PCR’s
but will need to be considered based on the final design and requirements of the
Regional Water Quality Control Board.
78. 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.
79. Unless specifically approved by the Public Works Department all stormwater control
measures (SCMs), except for those SCMs for public streets dedicated to the City,
shall be located on private property and shall be maintained by the property owner,
a Property Owner Association, or HOA. The Developer shall provide notification to
private property owners regarding any individual maintenance responsibility of
stormwater BMPs in accordance with Section E.2 of the RQWCB Resolution R3-
2013 -0032, if proposed. The notification may be by Notice of Requirements or other
method acceptable to the City.
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80. The final details for any bioretention facilities proposed to be 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.
81. Unless otherwise approved for acceptance and maintenance by the City, the SCMs
that are proposed for location within the public right-of-way shall require an
Encroachment Agreement and shall be maintained by the property owner or HOA.
82. The Project’s 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
83. Railroad Safety Trail Extension (“Bike Path”)
a. The Developer shall be responsible for design, permitting and construction of
the extension of the Railroad Safety Trail pedestrian/bicycle path along the
west side of Bullock Lane from the Bullock Ranch property boundary just
north of Tiburon Way north to Orcutt Road (“Bike Path”). Design details shall
be approved to the satisfaction of the City Public Works Director, but are
anticipated to include:
• Construction of a 10’-12’ wide concrete shared-use path on the west
side of Bullock Lane per City Engineering Standards
• Path signing and striping
• Minimum 2’ wide shoulder on the west side
• 2’-4’ wide shoulder/parkway on the east side with concrete curb and
gutter (extending north to approximately 150’ south of Bullock Lane
culvert crossing)
• Street trees and/or landscaping within shoulder on east side of path, as
approved by the City Engineer and required per applicable post-
construction stormwater regulations
• Path lighting per City Engineering Standards, or an approved equivalent
solar path lighting system
• Safety fencing on the west side of the path along the UPRR property line
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• Improvements to the Orcutt Road/Laurel Lane/Bullock Lane intersection
to improve connectivity between the Railroad Safety Trail segments to
the north and south of Orcutt Road. Intersection improvements are
expected to include geometric modifications at the southwest
intersection corner to remove the right-turn slip lane, traffic signal
modifications (relocating poles at southwest corner, bike signal heads,
bike detection, etc.), modifications to road/path signing and striping
b. It is assumed that construction of the Bike Path will not require significant
modifications or reconstruction of the existing Bullock Lane storm drain or
creek culverts. Based on preliminary design concepts, the path is anticipated
to cross the existing Bullock Lane culverts as follows:
• The path will cross the creek just south of Orcutt Road on a
bicycle/pedestrian-only bridge spanning the creek channel west of the
existing culvert
• The path will cross the storm drain culvert just south of Willow Circle at
grade over the existing culvert. This may require installation of a
pedestrian/bicycle railing along the culvert headwall.
c. The pathway designs shall endeavor to minimize potential encroachment into
UPRR right-of-way. The City Public Works Department is willing to support
potential design exception requests to utilize reduced cross section
dimensions along the pathway and Bullock Lane (e.g. 7’ parking lane (or no
on-street parking lane), 10’ auto lanes), if needed to minimize UPRR
encroachment and/or to address other geometric constraints.
d. The Project Applicant shall be responsible for obtaining any jurisdictional
permits required to construct the path extension, including the
pedestrian/bicycle-only bridge over the creek channel.
e. The City shall obtain all approvals, easements, access agreements,
dedications, and/or license agreements needed from the UPRR for the
extension of the Railroad Safety Trail, including the bike/ped bridge, with the
exception of any permits or approvals required by the construction contractor
hired by the Developer to construct the Bike Path. The Developer will not be
required to obtain any other approvals, easements, access agreement,
dedications, and/or license agreement from the UPRR for the Bike Path or
any other purpose except that prior to subdivision plan approval or
commencement of construction the City may require the Developer to obtain
UPRR approval for any substantial alterations proposed by the Developer to
the existing drainage outlets on the UPRR property along the Project's
frontage, including an increase in the volume or rate of storm water calculated
to pass through the drainage outlets after the completion of the Project.
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The City began negotiations with UPRR in earnest in September 2021 upon
receipt of preliminary design drawings that identified path details at a
sufficient level to confirm right-of-way needs from UPRR. The Developer shall
make a good faith effort to provide engineering plans, design information and
design revisions in a timely manner to address design review questions and
comments submitted to the City by UPRR. The City shall make a good faith
effort to obtain all approvals and agreements required by UPRR for
construction of the Bike Path in a timely manner and to include Developer’s
representatives in relevant communications between the City and UPRR.
f. Off-site dedication/acquisition of public right-of-way may be necessary to
facilitate orderly development of the Bike Path improvements. Excluding
UPRR and the section of Bullock Lane north of 3540 Bullock Lane, if off-site
dedications/acquisitions of private property or temporary easements are
necessary to facilitate construction of the pathway public improvements, the
Project Applicant is responsible for working with landowner(s) in coordination
with the City to acquire the necessary rights-of-way. In the event the Project
Applicant is unable to acquire said rights-of-way, the City Council may
consider lending the Project Applicant 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 Project Applicant shall
agree to pay all costs associated with the off-site right-of-way acquisition
(including attorney fees and court costs).
g. If the City is unsuccessful with acquiring UPRR right-of-way agreements
within 24 months following (a) City acceptance of substantially complete Bike
Path designs, or (b) UPRR approval of designs for the purposes of drafting
right-of-way agreements (whichever comes sooner), the Developer is
released of the obligation to construct the Bike Path, and the Bike Path will
transition to a City-led capital improvement project. City’s review and approval
of substantially complete Bike Path plans shall not be unreasonably delayed
for the purpose of providing additional time for UPRR right-of-way
negotiations. Further, the Public Works Director may ultimately deem
construction of the Bike Path to be infeasible if good faith right-of-way
negotiations with UPRR are unproductive.
In the case that the Developer is relieved of the obligation to construct the
Bike Path, the Developer’s fair share financial contribution towards this
improvement is satisfied through payment of applicable transportation impact
fees (minus fee credits for eligible Bike Path design costs) and the City agrees
to release any performance bonds or sureties provided by the Developer
related to the Bike Path improvements.
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h. Unless otherwise approved by the Public Works Director, Developer shall be
responsible for funding and constructing the Bike Path improvements upon
City receipt of fully-executed UPRR right-of-way agreements. The Developer
shall complete Bike Path construction within 18 months following of City
receipt of fully-executed UPRR right-of-way agreements or City issuance of
first building permits for the Project (whichever comes later).
i. Bike Path project costs, including design, permitting and construction costs,
are eligible for Transportation Impact Fee credits or reimbursement (with a
public reimbursement agreement approved by the City Council).
84. Ranch House Road/Sponza Place Pedestrian Signage – The Developer shall
install pedestrian warning signs (CA MUTCD Sign W11-2) in the northbound and
southbound directions approaching the intersection of Ranch House Road & Sponza
Place. Signs shall be florescent yellow/green and installed on punch posts per City
Engineering Standards approximately 100’ in advance of the intersection
approaching from the north and south on Ranch House Road.
85. Ranch House Road Bike Lanes – As part of the Project’s frontage improvements,
the Developer shall install striping, pavement markings and signage to delineate
Class II bike lanes in the southbound direction of Ranch House Road. This work
shall include removal (i.e. grind and seal) the conflicting shared lane pavement
markings “sharrows” that currently exist in the southbound lane along Ranch House
Road.
86. Transportation Impact Fees – Prior to issuance building permits, the project
applicant shall pay all required transportation impact fees (TIF) minus any approved
fee credits associated with construction of the Bike Path and Bullock Lane to the
north of 3540 Bullock Lane. Applicable TIF fees include participation in the Citywide
Transportation Impact Fee (TIF) Program and Orcutt Area Specific Plan (OASP) TIF
Program. Participation in these TIF programs shall satisfy the Project’s fair share
contribution towards future and in-progress off-site transportation improvements,
including the Tank Farm/Orcutt roundabout and future capacity improvements to the
Orcutt/Laurel/Bullock intersection. Design, permitting and construction costs for
Bullock Lane improvements north of the 3540 Bullock Lane frontage are eligible for
Transportation Impact Fee credits or reimbursement (with a public reimbursement
agreement approved by the City Council).
87. Driveway Sight Distance – The development plans shall include all final line-of-
sight analysis at new intersections and driveways to the satisfaction of the Public
Works Department. Fence heights, signs, and plantings in the areas of control shall
be reviewed in conjunction with the analysis. A separate recorded declaration,
covenant, agreement or Notice of Requirements for private property owner
maintenance of sight lines may be required.
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88. Bullock Lane Speed Management – Public improvement plans shall include traffic
calming improvements on Bullock Lane along the Project frontage, which can be
satisfied with the proposed addition of a speed table/raised crosswalk connecting
the east side of Bullock Lane with the extension of the Railroad Safety Trail on the
west side. Design of traffic calming elements shall be approved to the satisfaction of
the Public Works and Fire Departments. The developer shall record a Notice of
Requirements with each map phase regarding the designed and installed traffic
calming measures and convey that the subdivision is not eligible for future
Residential Parking District or Neighborhood Traffic Management program
processing.
89. Fire Access – 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 turnaround areas in accordance with current codes and standards.
Utilities Department
90. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have
reasonable alignments needed for maintenance of public infrastructure along public
roads.
91. Provide calculations for the proposed sewer generations based on Section 7 of the
City’s Engineering Design Standards.
92. Building permit submittal shall clarify size of existing and proposed water services
and water meters for the project, including both potable and recycled water.
93. Provide a comparison of the existing water demands versus proposed water
demands per Section 6 of the City’s 2020 Engineering Design Standards.
94. All residential units are to be individually metered. Privately owned water sub-meters
may be provided for residential condominiums upon approval of the Utilities Director
or her/his designee. The CCR’s for the property/homeowner association shall
require that the sub-meters be read by the association (or a contracted service) and
each condominium billed monthly according to water use. Reports of readings and
associated billings shall be provided to the Utilities Department on an annual basis,
or when requested by the Utilities Department.
95. Water service meter(s) shall be adequately sized to serve the project’s proposed
units. Residential units shall be separately metered from the non-
residential/commercial units, and service lines shall not cross parcel boundaries per
MC 13.04.120, unless waived in writing by the Utilities Director.
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96. The on-site sewer shall be privately owned and connect to the City sewer main with
a wye.
97. Property shall be served with a private domestic water main with a single connection
to the City's public main.
98. The recycled water line serving the project shall be private.
99. The proposed residential apartments shall have a master public water meter with
individual private sub-meters and constructed to the satisfaction of the Utilities
Director.
100. Potable city water shall not be used for major construction activities, such as grading
and dust control, as required under Prohibited Water Uses; Chapter 13.07.070.C of
the City’s Municipal Code. Recycled water is available through the City’s
Construction Water Permit program.
101. The site is within the City’s Water Reuse Master Plan area and shall utilize recycled
water for landscape irrigation. The irrigation system shall be designed and operated
as described consistent with recycled water standards in the City’s Procedures for
Recycled Water Use, including the requirement that sites utilizing recycled water
shall provide backflow protection on all potable service connections per City
Engineering Standards. An Application for Recycled Water Service and three sets
of irrigation plans conforming to the City’s Procedures shall be submitted to the
Building Department for review during the City’s building permit review process.
102. The project’s estimated total water use (ETWU) to support new ornamental
landscaping shall not exceed the project’s maximum applied water allowance
(MAWA). Information shall be submitted during the Building Permit Review Process
for review and approval by the Utilities Department prior to issuance of a Building
Permit to support required water demand of the project’s proposed landscaping.
103. Trash enclosure(s) shall conform the requirements by the San Luis Garbage
Company and refuse bins shall be sized to provide a reasonable level of service.
Separate refuse bins shall be accommodated within the site for the three (3) waste
streams, trash, recycling, and organics.
104. Driveways and access routes to all refuse receptacles shall be designed to
accommodate the size and weight of the garbage trucks; a written confirmation from
the San Luis Garbage Company shall be included in the building permit plans for the
proposed project.
105. Building permit submittal shall include a letter of service from San Luis Garbage
Company on the site plans.
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106. Projects generating more than two cubic yards of total waste shall comply with AB
1826, and local waste management ordinance to reduce greenhouse gas emissions.
107. In order for trash enclosures to be shared between parcels, a Conditional Exception
Application shall be submitted to the Utilities Solid Waste Coordinator and shall be
included in the property/homeowner association CC&Rs.
Fire Department
108. The Fire Department supports and encourages the connection of Bullock to Righetti
Ranch Road to improve response times.
Note of applicable Code Requirements:
109. All access roads less than 35 feet in width shall be posted as fire lanes on one side,
if less than 28 feet in width they shall be posted no parking on both sides.
110. No combustible construction prior to having live fire hydrants and all-weather access
roads approved and installed.
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Indemnification
111. The Developer 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 project, and all actions relating thereto, including but not limited to
environmental review (“Indemnified Claims”). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified
Claim, and City shall fully cooperate in the defense against an Indemnified Claim.
Upon motion of Vice Mayor Christianson, seconded by Council Member Pease,
and on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 11th day of January 2022.
___________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington, 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, on ______________________.
___________________________
Teresa Purrington
City Clerk
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1/13/2022 | 11:48 AM PST