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HomeMy WebLinkAboutr 10512 approve revised tentative map & mods to map 2353RESOLUTION NO. 10512 (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A REVISED VESTING TENTATIVE MAP AND MODIFICATIONS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 2353 (MOD /TR/ER 120 -13; 408 PRADO ROAD) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 12, 2014, pursuant to a proceeding instituted under application MOD /TR/ER 120 -13, Mangano Homes Inc., applicant, for the purpose of considering a request for a revised tentative map and to amend conditions of approval for Vesting Tentative Tract Map 2353 for an approximately 30 -acre site located on the north side of Prado Road, east of South Higuera Street; and WHEREAS, the Planning Commission recommended that the City Council approve the revised tentative tract map and proposed modified conditions of Vesting Tentative Tract Map 2353, as well as the Mitigated Negative Declaration of environmental impact; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15, 2014, for the purpose of considering the proposed revised map and modified conditions of Vesting Tentative Tract Map 2353 originally approved through City Council Resolution No. 9777 (2006 Series); and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the Council has duly considered all evidence, including the record of the Planning Commission hearing and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings in support of the request to revise the tentative tract map and modify conditions of approval for Vesting Tentative Tract Map 2353: 1. The proposed condition modifications are reasonably necessary to allow for the construction of Prado Road improvements to serve the Western Enclave Development in the Margarita Area Specific Plan given financing considerations and projected traffic levels. R 10512 Resolution No. 10512 (2014 Series) Page 2 2. The design of the revised vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant trees), improves drainage conditions, will incrementally add to the City's residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. 3. The site is physically suited for the proposed type of development allowed in the R -1 -SP, R- 2-SP, and O -SP zones. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The City Council finds that the project will not have a significant adverse impact on the environment as documented in the Mitigated Negative Declaration prepared for the project with incorporation of the mitigation measures and monitoring program being incorporated into the project, as listed herein in Section 2. The proposed modifications to conditions do not conflict with approved mitigation measures and are consistent with previous environmental studies for the extension of Prado Road. 6. Several Environmental Impact Reports have been certified that included the Prado Road extension, including the 1994 Land Use and Circulation Elements, the 2000 Amendment to the Circulation Element, and the Airport and Margarita Specific Plans. These EIRs have analyzed the impacts associated with adding the road to the circulation system and Circulation Element and its current alignment. Project specific impacts were addressed in each environmental document prepared for Vesting Tract Maps. SECTION 2. Environmental Review. The City Council adopted the project's Mitigated Negative Declaration on March 7, 2006, which incorporated mitigation measures and monitoring programs into the project. In addition, the Tiered Initial Study and Draft Mitigated Negative Declaration prepared for the current revisions request (ER- 120 -13) brings forth additional mitigation measures for impacts related to traffic. The following mitigation measures will supersede in their entirety the previously approved mitigation measures approved by Council Resolution No. 9777 (2006 Series). The following mitigation measures incorporate the originally approved mitigation measures that are still applicable to this project along with the changes necessitated by the proposed revisions to the project. Mitigation Measures: Reduction of Light and Glare 1. In order for MASP /AASP EIR Mitigation Measure LU -7.1 as implemented by the MASP to be carried through to lot- specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass Resolution No. 10512 (2014 Series) Page 3 associated with development within the project area including shielding and /or directional lighting methods to ensure that spillover light does not exceed 0.5 foot - candles at adjacent property lines. Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of "Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFW and the Army Corps of Engineers. Further, in compliance with the MASP /AASP EIR, the adjacent VTM #2342 proposes the creation of Lot 64 in an area designated by the MASP for "Open Space - Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the City. 4. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or within 300 feet for raptor nests, until after young have fledged. 5. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space Riparian" lands). The targeted property (lying south of Prado Road and owned by Prado Park LLC) is a low lying area that already naturally collects some area run -off and provides valuable habitat for certain special concern and R -T -E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre - development run -off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post - Western Enclave development generated run -off. It is proposed that this basin be enhanced to accommodate the greater project - generated and pre - project run -off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Home Owners Association (HOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. Resolution No. 10512 (2014 Series) Page 4 Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP I AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre- construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation of Phase II Archaeological Subsurface Survey 6. In order to achieve complete mitigation for the archaeological resource found on the subject site, this survey is required if the site cannot be avoided. The Phase II survey is to determine if significance criteria of CEQA and /or NRHP are met. The survey must be completed and results submitted to City for determination whether mitigation measures below, as specified in EIR, are needed. 1) A data recovery program consisting of archaeological excavation to retrieve the important data from the archaeological site; 2) Development and implementation of public interpretation plans for both prehistoric and historic sites; 3) Preservation, rehabilitation, restoration, or reconstruction of' historic structures according to the Secretary of Interior Standards for Treatment of Historic Properties; 4) Construction of new structures in a manner consistent with the historic character of the region; and 5) Treatment of historic landscapes according to the Secretary of Interior Standards for Treatment of Historic Landscapes. If the project involves a federal agency, and is therefore subject to a MOA, the inventory, evaluation, and treatment processes will be coordinated with that federal agency to ensure that the work conducted will also comply with Section 106 of the National Historic Preservation Act. Preparation and Implementation of a "Construction- Related Hazardous Materials Management Plan" 7. As stipulated in the MASP / AASP EIR, this would be a plan identifying, when they are known, site /development - specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or Resolution No. 10512 (2014 Series) Page 5 produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and /or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction- related activities, the project proponent will cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase 1 site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase H site assessment will be completed. The following Phase H environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated. soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase H assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. " Monitoring Program: The "Construction- Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Preparation and Implementation of an "Operations- Related Hazardous Materials Management Plan" 8. As stipulated in the MASP/ AASP EIR, this would be a plan prepared by a project proponent identifying hazardous materials management practices as might be required by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present On site for any operations- related activities. This plan would identify the proper handling and disposal of materials uses or produced onsite, such as petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire Resolution No. 10512 (2014 Series) Page 6 Department will be on notice to provide regular and routine fire and life - safety inspections to determine compliance with applicable health and safety codes. Monitoring Program: The "Operations- Related Hazardous Materials Management Plan" will be required to be submitted by a project proponent to the City Community Development Department and City Fire Department for review prior to the establishment of any operations - related activities. Air Quality 9. AQ -1 Fugitive Dust Control Measures. The proposed project shall implement the following dust control measures so as to reduce PM 10 emissions in accordance with SLOAPCD requirements. a) Reduce the amount of the disturbed area where possible; b) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible; c) All dirt stock pile areas should be sprayed 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 one 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 APCD; g) All roadways, driveways, sidewalks, etc. to be paved should be completed 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; i) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; 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; 1) All of these fugitive dust mitigation measures shall be shown on grading and building plans; and Resolution No. 10512 (2014 Series) Page 7 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 percent opacity, and to prevent transport of dust offsite. 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 APCD Compliance Division prior to the start of any grading, earthwork or demolition. 10. AQ -2 Construction Equipment. The proposed project shall implement the following emissions control measures so as to reduce diesel particulate matter in accordance with SLOAPCD requirements. • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off -road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for sue off - road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off -road heavy -duty diesel engines, and comply with the State Off -Road Regulation; • Use on -road heavy -duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy -duty diesel engines, and comply with the State On- Road Regulation; • 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; • 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; • Diesel idling within 1,000 feet of sensitive receptors is not permitted; • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline - powered in place of diesel - powered equipment, where feasible; and • Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 11. AQ -3 Asbestos Dust Mitigation Plan. The applicant shall prepare an Asbestos Dust Mitigation Plan in accordance with the requirements set for by ACTM to ensure that asbestos does not create a significant health risk to construction workers and sensitive receptors. The Asbestos Dust Mitigation Plan shall be implemented at the beginning and maintained throughout the duration of the construction or grading activity. The Asbestos Dust Mitigation Plan must specify dust mitigation practices which are sufficient to ensure that no equipment or operation emits dust that is visible crossing the property line, and must include one or more provisions addressing each of the following topics. Resolution No. 10512 (2014 Series) Page 8 A. Track -out prevention and control measures which shall include: 1. Removal of any visible track -out from a paved public road at any location where vehicles exit the work site; this shall be accomplished using wet sweeping or a HEPA filter equipped vacuum device at the end of the work day or at least one time per day; and 2. Installation of one or more of the following track -out prevention measures: i. A gravel pad designed using good engineering practices to clean the tires of exiting vehicles; ii. A tire shaker; iii. A wheel wash system; iv. Pavement extending for not less than fifty (50) consecutive feet from the intersection with the paved public road; or v. Any other measure as effective as the measures listed above. B. Keeping active storage piles adequately wetted or covered with tarps. C. Control for disturbed surface areas and storage piles that will remain inactive for more than seven (7) days, which shall include one or more of the following: 1. Keep the surface adequately wetted; 2. Establishment and maintenance of surface crusting sufficient to satisfy the test in subsection (h)(6); 3. Application of chemical dust suppressants or chemical stabilizers according to the manufacturers' recommendations; 4. Covering with tarp(s) or vegetative cover; 5. Installation of wind barriers of fifty (50) percent porosity around three (3) sides of a storage pile; 6. Installation of wind barriers across open areas; or 7. Any other measure as effective as the measures listed above. D. Control for traffic on on -site unpaved roads, parking lots, and staging areas which shall include 1. A maximum vehicle speed limit of fifteen (15) miles per hour or less; and 2. One or more of the following: i. Watering every two hours of active operations or sufficiently often to keep the area adequately wetted; ii. Applying chemical dust suppressants consistent with manufacturer's directions; iii. Maintaining a gravel cover with a silt content that is less than five (5) percent and asbestos content that is less than 0.25 percent, as determined using an approved asbestos bulk test method, to a depth of three (3) inches on the surface being used for travel; or iv. Any other measure as effective as the measures listed above. Resolution No. 10512 (2014 Series) Page 9 E. Control for earthmoving activities which shall include one or more of the following: 1. Pre - wetting the ground to the depth of anticipated cuts; 2. Suspending grading operations when wind speeds are high enough to result in dust emissions crossing the property line, despite the application of dust mitigation measures; 3. Application of water prior to any land clearing; or 4. Any other measure as effective as the measures listed above. F. Control for Off -Site Transport. The owner / operator shall ensure that no trucks are allowed to transport excavated material off -site unless: 1. Trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments; and 2. Loads are adequately wetted and either: i. Covered with tarps; or ii. Loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than six inches from the top and that no point of the load extends above the top of the cargo compartment. G. Post Construction Stabilization of Disturbed Areas. Upon completion of the project, disturbed surfaces shall be stabilized using one or more of the following methods: 1. Establishment of a vegetative cover; 2. Placement of at least three (3.0) inches of non - asbestos - containing material; 3. Any other measure deemed sufficient to prevent wind speeds of ten (10) miles per hour or greater from causing visible dust emissions. H. Air Monitoring for Asbestos (If Required by the SLOAPCD). 1. If required by SLOAPCD, the plan must include an air - monitoring component. 2. The air monitoring component shall specify the following: i. Type of air sampling device(s) ii. Siting of air sampling device(s); iii. Sampling duration and frequency; and iv. Analytical method. I. Frequency of Reporting: The plan shall state how often the items specified in subsection (e)(5)(B), and any other items identified in the plan, will be reported to the district. Transportation /Traffic The mitigation measures listed below will mitigate potential impacts to a less than significant level. Mitigation Measures T -01, T -02, & T -03 are new recommended mitigation measures, while Mitigation Measure T -04 is from prior MND ER 66 -05. 12. T -01 Impact Fees. The applicant shall pay traffic impact fees that are in effect at the time of building permit issuance. If at the time of building permit issuance the City's Resolution No. 10512 (2014 Series) Page 10 TIF has not been amended to accommodate the improvements to the South Higuera/Prado and South Higuera/Tank Farm intersections as identified in the traffic study performed by Central Coast Transportation Consulting dated January 6, 2014, or Prado Road has not been connected to Broad Street, the applicant will be responsible for paying a pro rata share of said improvements subject to approval of the City's Public Work Director. 13. T -02 Traffic Mitigation. The subdivider shall re- stripe the southbound left turn lane and install pedestrian countdown heads at the South Higuera/Prado intersection as identified in the traffic study performed by Central Coast Transportation Consulting dated January 6, 2014. 14. T -03 Margarita Neighborhood. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. Prior to final map recordation, the Subdivider shall deposit a faithful performance security in the amount of $130,000 to retain a qualified traffic consultant to conduct traffic counts and speed measurements on Margarita Avenue and on streets within and in the vicinity of the subdivision. The counts and measurements will be conducted one -year after final occupancy of complete build -out of the subdivision or acceptance of public improvements, whichever occurs later. The locations of the counts and measurements shall be approved by the Public Works Director. If the traffic volumes or speeds exceed City standards, the $130,000 security will be retained by the City to guarantee that Subdivider installs additional City- approved traffic calming measures to reduce volume and speeds to comply with City standards. - Monitoring Program: Community Development and Public Works staff will oversee impact fee payments, traffic consultant counts and measurements, and review required restriping plans. 15. T -04 Preparation and Implementation of "Traffic Reduction Program." In order for MASP /AASP EIR Mitigation Measure T -2.1 adopted with the certification of the MASP /AASP EIR in conjunction with the approval of the AASP in August, 2005 (Ref. City Council Resolution No. 9726, 2005 Series) to be brought forward to this site specific project stage, a transportation demand management program that demonstrates reduction of peak period travel by single- occupant vehicles shall be required of any employer within the subdivision with 25 or more employees. Said program shall incorporate all reasonably feasible measures or techniques, including those listed in the MASP /AASP EIR/General Plan Circulation, that encourage alternate modes other than single- occupant vehicles as the primary mode of transportation to the workplace and to travel during non - peak times. - Monitoring Program: Each business owner, upon employment of 25 or more employees, shall immediately prepare and submit, obtain approval from the City Public Works Director and Resolution No. 10512 (2014 Series) Page 11 implement the provisions of a Traffic Reduction Plan which demonstrates reduction of peak period travel consistent with requirements of the City General Plan Circulation Element Policies and Programs. City Staff shall periodically inspect the business to observe and assure that reduction techniques approved by the City are in place and adhered to by the business. Staff shall take any corrective or enforcement actions authorized by law to achieve compliance. SECTION 3. Action. The City Council hereby approves the revised tentative tract map and requested modifications to conditions of Vesting Tentative Tract Map 2353. The following conditions will supersede in their entirety the previously approved conditions approved by Council Resolution No. 9777 (2006 Series) on March 7, 2006, and the amended conditions approved by Planning Commission Resolution No. PC 5565 -11 on September 28, 2011. The following conditions incorporate the originally approved conditions that are still applicable to this project along with the changes necessitated by the proposed revisions to the project. Streets: The subdivider shall construct full improvements on the north half of Prado Road along the frontage of each phase of the final map. The improvements on the north half shall include a minimum of two lanes of Prado Road, bike lane, curb, gutter, sidewalk, utilities, storm drainage, landscaping, street lights, and a center median. The subdivider shall provide a minimum of one lane and a bike lane on the south half of Prado Road. The subdivider shall reconstruct deficient pavement on the south half of Prado Road to provide sufficient structural support for long -term use as approved by the Public Works Director. The improvement plans for Prado Road shall be based on final design drawings for the MASP build -out of Prado Road to the satisfaction of the Public Works Director. a. Appropriate transitions, as approved by the Public Works Director, shall be provided between the new improvements and the existing improvements, including access to existing driveways. Access to existing driveways may be restricted to right -in right -out as approved by the City. b. Access to the Damon - Garcia property east of Tract 2353 shall be provided at a location approved by the City and property owners. c. The subdivider may submit a reimbursement proposal for the costs associated with the design and construction of the north half of Prado Road. Subject to final approval by the City, the proposal may include fee credits and /or other appropriate mechanisms that may be applied against Margarita Area Add On Transportation Impact Fees and Margarita Area Specific Plan Add On Park Impact Fees as development occurs. d. Prior to final map recordation, the property owner shall enter into an agreement waiving his /her /their rights to oppose formation of an assessment district to fund the portion of the MASP transportation improvements which are not funded by MASP transportation impact fees. The agreement shall be binding on all future owners and shall run with the land. In lieu of the agreement, prior to map recordation the Resolution No. 10512 (2014 Series) Page 12 property owner may pay an amount approved by the City to cover their share of the unfunded amount. e. Prior to final map recordation, the subdivider shall submit a separate irrevocable offer of dedication for public street purposes for all connecting streets to provide access from VTM 2428 to Prado Road. The offer will be recorded in the event that the Tract 2353 public improvements have not yet been accepted by the City, but access is needed for VTM 2428. f. Prior to map recordation, the subdivider shall submit exhibits for Council consideration of a plan line for Prado Road across the properties on the south side of Prado Road to ensure development on the south side adheres to the ultimate right -of -way of Prado Road. 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to any approved reimbursement agreements. 3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan western enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. Pursuant to Section 16.20.110 of the City Municipal Code, the subdivider may be eligible for reimbursement for improvements that are in excess of the construction required for the subdivision, including, but not limited to storm drainage, sewer, water and power. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications. The subdivision improvement plans and the Prado Road improvement plans shall be approved by the City prior to final map recordation. 5. The final design, location, and number of traffic calming measures including bulb -outs, choke - downs, tabletops, roundabouts, neck - downs, etc. Shall be reviewed and approved by the Public Works Director. Plans submitted for review shall include a truck turning diagram demonstrating a truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures may be required to comply with' the Specific Plan objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." 6. The tentative map is amended as follows: a. The tract boundary shown on the tentative map is not correct. The final map shall reflect the correct tract boundary, lot sizes, and Prado Road dedications. Resolution No. 10512 (2014 Series) Page 13 b. Delete Margarita Avenue from the 60' right -of -way typical street section and add Aster Street. c. The typical street section for Margarita Avenue and Prado Road shall be in conformance with the MASP, unless otherwise approved by the Public Works Director. d. Width of the bike /ped trails shall be as approved by the Public Works Director. e. Alley easements are to be measured to the back of curb. f. The alley width across Lots 1 and 2 shall be a minimum of 24' g. The alley width serving Lots 46 to 49 and Lot 134 shall be a minimum of 20'. h. A 15' PUE and Street Tree easement is required along all commercial frontage. i. Lots 1 through 6 are incorrectly labeled as single- family on the Lot Table. j. A bulb -out shall be provided at the intersection of Aster and Ceanothus. k. Directional arrows on the section lines for the CMU walls and Gravity Walls are facing the wrong direction. 1. The final configuration of the Margarita roundabout shall be as required by the Public Works Director. m. Driveways and alleys in the vicinity of the roundabout median islands shall be relocated to provide unimpeded left turn ingress /egress. Shared driveways may be required to meet this requirement. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. The subdivision design shall include curb extensions at locations where on- street parking needs to be restricted for sight visibility reasons. 9. The subdivider shall dedicate easements and construct alleys and streets to full -width adjacent to all lots being created in each phase. 10. Common areas, landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by a Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact fees and shall be paid for by the subdivider. Resolution No. 10512 (2014 Series) Page 14 11. All lots with alley access shall have vehicular access denial shown on the map for the public streets fronting those lots, including Lots 46, 47, 48, 49, and 134. On & Off -Site Improvements: 12. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired. 1) 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; 2) Preliminary title report including chain of title and litigation guarantee; 3) 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; 4) 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. 5) Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 13. The final subdivision design shall incorporate stormwater quality Best Management Practices (BMPs) with the most current edition of the Engineering Standards, shall be Resolution No. 10512 (2014 Series) Page 15 designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 14. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 15. The design of any stormwater facilities shall be in compliance with the Waterway Management Plan Drainage Design Manual requirement for construction. 16. The subdivider shall secure the rights for the regional stormwater detention basin in a form acceptable to the Bureau of Real Estate and the City prior to or concurrently with the recordation of the first final map. The stormwater detention basin shall be privately- maintained. Should the subdivider be unsuccessful in acquiring the rights to the basin for storm drainage capacity, the subdivider shall revise the map and plans to accommodate appropriately -sized on -site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual. Alternately, the City may elect, but is not obligated, to secure the rights on behalf of the public. All costs associated with securing said rights, including any necessary eminent domain process, shall be borne by the subdivider. 17. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb cuts in the subdivision and increase the provision of on- street parking. 18. When a Class 1 bicycle path provides access across a public street, choke - downs, curb ramps, and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner. 19. Prior to final map approval, details of the proposed roadway choke -downs shall be provided. Choke -downs adjacent to open space corridors shall be lengthened to include the entire length of the open space corridor. 20. Prior to final map approval, the landscaped roundabout proposed at the terminus of Margarita Avenue shall be designed to comply with Caltrans Standards Design Information Bulletin 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas. The proposed roundabout shall be landscaped and maintained by the homeowner's association. 21. Due to the potential circulation conflicts given the lot's proximity to the proposed roundabout, the subdivider shall dedicate vehicular access rights to the City of San Luis Obispo for proposed Lot 32 onto Cherry Lane and said access restriction shall be shown on the Final Map. 22. The final map shall include an irrevocable offer of dedication to the public for road purposes across that portion of Lot 6 as necessary to provide an alternative alignment of Prado Road Resolution No. 10512 (2014 Series) Page 16 to the satisfaction of the Public Works Director. Said offer and final map shall recognize access restrictions to Prado Road from Lot 6. 23. Prior to final map approval, Aster Street shall be designed and constructed to comply with City standards which at a minimum include half - street improvements plus 12 feet. Off -site improvements, temporary construction easements or slope bank easements may be required in order to complete the necessary improvements. 24. Prior to final map approval, the design and location of the bus pullouts on Junipero Way shall be coordinated with Tract 2342 and approved by the Public Works Director. Plans submitted for review shall include a bus turning diagram demonstrating a bus's ability to negotiate the turnout. The final design shall also include bus stop improvements and indicate how access to adjacent parcels is provided. Unless otherwise approved by the Public Works Director, the eastbound bus pullout shall be located on Junipero Way west of Cherry Lane and the westbound bus pullout shall be located on Junipero Way east of Cherry Lane. 25. The Prado Road cross section shall be designed to comply with the MASP. The metric conversions shall be as approved by the Public Works Director. 26. Private alleys shall be designed for use by emergency vehicles and garbage trucks and shall be located within a public access easement. Sewer and storm drain lines within the private alleys shall be privately- maintained. The subdivider shall show the alleys within a public access easement on the Final Map. 27. Vehicular access rights along Prado Road shall be dedicated to the City. 28. The subdivider shall install private street lighting along the private internal streets per City standards and off -site public street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public street lighting on Prado Road and on the other public streets shall be LED lighting per the most current or interim City standards. The public street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG &E's point of service. Water, Sewer & Utilities: 29. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. 30. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 31. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. Resolution No. 10512 (2014 Series) Page 17 32. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 33. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. 34. The sewer and water mains shall be located approximately 6' on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 35. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. Grading & Drainage: 36. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and /or issuance of building permits. 37. Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Department of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. Homeowners' Association: 38. The subdivider shall submit CC &R's with the Final Map that establishes a Homeowner's Association (HOA). The HOA shall include the mandatory annexation of Tract 2342 and Tract 2353. The HOA shall provide for maintenance of all common area drainage channels, on -site and /or sub - regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The CC &R's shall be approved by the City and shall be recorded prior to or concurrent with recordation of the Final Map. A Notice of Annexation or other appropriate mechanism to annex Tract 2353 into the HOA, including all associated common area and the regional drainage basin, shall be recorded concurrently with the map. Resolution No. 10512 (2014 Series) Page 18 39. Prior to map recordation, the Serra Meadows Business - Professional Office Association shall enter into an agreement with the Serra Meadows Residential Homeowners' Association to pay their prorata share of the cost to maintain the regional storm drain basin and related facilities. The Agreement for Drainage Easement and Maintenance of Storm Water Detention Basin between the Residential HOA and the Professional Office Association shall be revised to specifically include the regional basin and appurtenances. 40. Prior to map recordation, the subdivider shall (a) reach an agreement with the property owners of Prado Park LLC south of Prado Road and the property owners of VTM 2428 regarding use and maintenance of the regional basin, or (b) demonstrate to the city that they have exhausted all reasonable efforts to reach an agreement. If an agreement cannot be reached, these property owners will need to demonstrate to the city's satisfaction how they will provide storm drainage mitigation, open space maintenance, and wetland mitigation through their own subdivision design and maintenance association. 41. The Homeowners' Association (HOA) shall maintain all that portion of Lot 64 of Tract 2342 and the regional basin south of Prado Road. Maintenance responsibilities shall include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within the private streets shall be privately owned and maintained by the HOA (to be included in CC &R's). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. 42. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City. The CC &R's shall be recorded prior to or concurrent with recordation of the Final Map. The CC &R's shall contain the following provisions that pertain to all lots: a. Creation of an HOA or annexation into an HOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city - required provisions of the CC &R's without prior City approval. d. Provision for all of the maintenance responsibilities outlined in various conditions. e. Provision for common driveway use, access, and maintenance for those lots with shared access. 43. Prior to map recordation, the CC &R's shall be amended and /or supplemental CC &R's created to address the following: a. Include Lots 39 and 134 as residential lots. b. Remove Lot 39 as a common area lot. c. Include the new alley serving Lots 46 through 49 and Lot 134 as common area. d. Include a maintenance plan for the regional basin. Resolution No. 10512 (2014 Series) Page 19 e. Indicate who will be responsible for maintaining the gravity wall drainage lines in the back and side yards of the private lots. These lines are continuous drain lines that cross from lot to lot, so there needs to be some continuity in regards to maintenance. f. Specifically include maintenance of the bike /pedestrian pathways by the HOA within Lots 45 and Lots 131 -133 in Exhibit E, Chart of Maintenance Obligations. g. Revise Exhibit E to include "Sewer Collection and Storm Drain Lines in Alley Easement Areas" as being maintained by the HOA. h. Revise Exhibit E to include the parkway adjacent to Lots 5 and 6 to be maintained by the Professional Office Association. Paths /Open Space: 44. The multi -use paths should be 12 feet in width as called for in the Specific Plan, however, the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will only be used by pedestrians only or where environmental conditions warrant a narrower path based on in- the -field consideration. 45. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. 46. Class I path crossings at public streets should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. Choke -downs and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner. Air Quality: 47. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM -10, NOX emissions, Best Available Control Technologies, construction activity management plans, and phasing techniques Housing Programs: 48. To provide the required affordable units for both Tentative Tract 2342 & 2353, Lot 108, the R -3 zoned affordable housing site, shall be dedicated to the Housing Authority prior to, or in conjunction with the recording of Phase 2 of Tract 2353. If the Housing Authority cannot move forward with a project at the time that the project would be set to be built out, they could formally pass on the opportunity thereby providing an option for another entity to develop the site with an affordable project, subject to the review and approval of the Community Development Director. Improvement plans for Phase 2 of Tract 2353 shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the Housing Authority site. Additional affordable housing requirements will be required if the Resolution No. 10512 (2014 Series) Page 20 average residential unit size of the entire Tract 2353 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 49. Bulb outs at `T' intersections need to be added to the straight leg "crossing the `T "' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 50. Bulb -outs shall be provided at alley access points to street to provide line of sight where red curbing would otherwise be needed. 51. Development of lots adjacent to El Camino Estates or the proposed VTM #2428 where pad elevations differ by four or more feet shall be limited to single -story development and increased rear yard setbacks of a minimum of 10 feet, or equivalent design techniques that maximize privacy protection for the adjacent lot as approved by the Architectural Review Commission. 52. For lots with slope banks 3:1 or steeper adjacent to the property line and drainage structures in the rear yards, the subdivider shall designate the entire slope bank as a slope easement to be maintained by the HOA. A deed restriction shall be placed on all lots with this situation so that a 6 foot high privacy fence shall be installed and maintained at the top of the slope 53. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed below. 54. In order to be consistent with the requirements of the Margarita 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. 55. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. 56. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation, including the provision and protection of solar exposure. 57. As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157 feet for new single family residential units from the centerline of Prado Road. Proposed Live /Work units may be located within the 157 -foot setback from Prado Road (60 dB noise contour) subject to compliance with all of the requirements of the Sound Level Assessment from David Lord of 45 dB dated 9- 14 -11. Resolution No. 10512 (2014 Series) Page 21 58. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action or proceeding against the City and /or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. The City shall promptly notify the subdivider of any claim, action, or proceeding. 59. For interior streets (not Prado Road), a 15 -foot public street yard shall be allowed for homes and a 20 -foot street yard for garages with doors facing the public street. Per the Margarita Area Specific Plan, front porches are allowed to have a 10 -foot setback. 60. The subdivider shall provide an appropriately sized recycled water main from the end of the existing main in Margarita Avenue north on Cherry Lane to the north boundary of the tract to serve the project's linear park landscape irrigation as well as the adjacent VTM 2428. Code Requirements: 1. Traffic impact and water and wastewater impact fees are required to be paid as a condition of issuance of building permits. 2. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 3. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete to be covered by a General Construction Activity Permit; the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NO I) form, with the appropriate fee, to the State Water Board. 4. The subdivision design shall comply with the City's grading ordinance. 5. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 6. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. An electronic file containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. Resolution No. 10512 (2014 Series) Page 22 7. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6 ". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities. All cul -de -sacs shall be minimum 40 foot radius. 8. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x' "stroke and be on a contrasting background. [UFC 901 .4.4]. 9. Water supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 10. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 11. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire -flows. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh and Carpenter, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None ABSTAIN: Council Member Smith The foregoing resolution was adopted this 15th day of April 2014. rX Mayor Ja r arx 0hristine D AS M: Dietrick City Attorney