HomeMy WebLinkAboutr 10514 approve mods to map 2428RESOLUTION NO. 10514 (2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP 2428
(MOD /TR/ER 121 -13; 3000 CALLE MALVA)
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 26, 2014, pursuant to a proceeding instituted under application
MOD /TR/ER 121 -13, Margarita Ranch SLO, LLC, applicant, for the purpose of considering a
request to amend conditions of approval for Vesting Tentative Tract Map 2428 for an
approximately 99 -acre site located north of Margarita Avenue, and east of South Higuera Street;
and
WHEREAS, the Planning Commission recommended that the City Council approve the
proposed modified conditions of Vesting Tentative Tract Map; 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 modified conditions of Vesting Tentative
Tract Map 2428 originally approved through City Council Resolution No. 9917 (2007 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
(MND) that was previously approved by the Council on July 3, 2007, along with the Addendum
prepared to update the MND to be consistent with the current project to modify conditions of
approval; and
WHEREAS, the City 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 modify certain conditions of approval for Vesting
Tentative Tract Map 2428:
1. The proposed condition modifications are reasonably necessary to allow the development to
proceed given financing considerations and projected traffic levels.
2. The design of the vesting tentative tract map is consistent with the General Plan because the
proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant
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Resolution No. 10514 (2014 Series)
Page 2
trees), 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, R- 2- SP -PD, R -3 -SP, C /OS -SP, and C /OS -SP -PD 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 subdivision will not have a significant adverse impact on the environment, subject to the
mitigation measures of the Final Environmental Impact Report (EIR) certified by the City
Council on October 12, 2004, being incorporated into the project, the mitigation monitoring
program adopted with said EIR approval being followed and mitigation measures
recommended herein.
6. On July 3, 2007, the City Council adopted a Mitigated Negative Declaration (MND) which
adequately addresses the potential significant environmental impacts of the proposed project.
The MND along with the prepared Addendum adequately evaluate the potential
environmental impacts associated with the current project.
7. 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 EIR's 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. The City Council adopted the project's Mitigated Negative Declaration on
July 3, 2007, which incorporates the following mitigation measures and monitoring programs
into the project. An Addendum to the EIR and MND was prepared for the current revisions
request (ER 121 -13), which demonstrates that no additional mitigation measures are required.
The City Council has reviewed and considered the information contained in this Addendum in its
consideration of the final project design and finds that the preparation of a subsequent EIR is not
necessary, based on the following findings, and subject to the following mitigation measures:
Findings
a. None of the circumstances included in Section 15162, which require a subsequent EIR
have occurred, specifically:
b. The project changes do not result in new environmental impacts.
c. The circumstances under which the project is undertaken will not require major changes
to the EIR.
d. The modified project does not require any substantive changes to previously approved
mitigation measures.
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Page 3
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
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.
,L> 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 DFG and the Army
Corps of Engineers. Further, in compliance with the MASP /AASP EIR, the subject VTM
#2428 proposes the creation of Lots 81 -85 and Lot 178 in areas 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. Lot
178 is intended to be dedicated to the City of San Luis Obispo prior to or concurrently with
final map recordation.
3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be
through a combination of on- and off -site mitigation, approved by the City, the DFG and the
Corps.
4. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving
restoration of serpentine bunchgrass habitat at an identified area in the so- called "saddle" in
the King property's open space parcel, should be required. This area occupies between one -
half and three- quarters of an acre. The program would at a minimum, replace the existing
non - native grassland in that area with a grassland containing a majority of native bunchgrass
species including purple needlegrass, meadow barley, and California brome. In addition, a
program for additional protection for the open space lands of the project will be developed.
The goal of this program will be to provide protection for remaining areas of serpentine
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bunchgrass habitat and species within that habitat in the South Hills Open Space, through
mechanisms such as fencing, trail realignments, and drainage improvements on the access
road to the communication site on neighboring property. Finally, the project sponsors
propose to donate fee title to Lot 178 to the City of San Luis Obispo as permanent open space
as part of the project.
5. 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.
6. 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.
Palmer Spineflower. None required.
Brewer Spineflower. None required.
Obispo Indian Paintbrush. Collect seed or seed /soil mix for relocation to open space lot
enhancement site.
Miles Milkvetch. Collect seed or seed /soil mix for relocation to open space lot enhancement
site.
Obispo dudleya. Due to the very small number of impacted individuals and the ease of
transplanting, transplant these individuals to suitable sites within the project open space.
Obispo Mariposa Lily. None required.
Adobe Sanicle. Relocate some individuals to a suitable site within the project open space;
consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off -
site location approved by the City, or consider lot adjustments to protect the major portion
near lots 82, and adjacent multifamily lot.
Congdon TarpIant. Create compensating habitat in a suitable off -site location approved by
the City.
Loggerhead Shrike. Remove myoporum tree before nesting season.
7. 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.
8. 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
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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.
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 and Implementation of a "Construction- Related Hazardous Materials
Management Plan"
9. 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
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 -I.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 I site assessments
indicate a potential for soil and /or groundwater contamination within or adjacent to the road
or utility alignments, a Phase II site assessment will be completed. The following Phase II
environmental site assessments will be prepared specific to soil and /or groundwater
contamination.
a. Soil Contamination. For soil contamination, the Phase H site assessment will
include soil sampling and analysis for anticipated contaminating substances. If
soil contamination is exposed during construction, the San Luis Obispo Fire
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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 II
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.
SECTION 3. Action. The City Council hereby approves the requested
modifications to conditions of Vesting Tentative Tract Map 2428. The following conditions will
supersede in their entirety the previously approved conditions approved by Council Resolution
No. 9917 (2007 Series).
Streets:
1. Subject to available right -of -way, the subdivider, in cooperation with the City and adjacent
property owners, will construct a Class I bike path connecting the existing terminus of
Prado Road to Broad Street at the Damon - Garcia Sports Fields. Unless otherwise approved
by the Public Works Director, the bike path should be located on the south side of the
future Prado Road extension and consist of a minimum 8' wide asphalt concrete path with
2' wide decomposed granite shoulders and fencing on both sides.
a. Off -site dedication/acquisition of property for this public right -of -way purpose is
necessary to facilitate the construction of the bike path. The subdivider shall work with
the City and the land owner to acquire the necessary right -of -way for the bike path. In
the event the subdivider is unable to acquire said right -of -way, the City Council may
consider lending the subdivider its powers of condemnation to acquire the off -site right -
of -way dedication, including any necessary slope and drainage easements. If
condemnation is required, the subdivider shall agree to pay all costs associated with the
off -site right -of -way acquisition (including attorney and court costs). If the Council
concludes that it does not want to acquire the right -of -way via eminent domain and
thereby the project cannot be completed, the Subdivider shall be alleviated from
completing Condition # 1.
b. Subject to final approval of the City, the subdivider may receive fee credit for the
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Page 7
construction costs for the bike path if the facility is located in the Prado Road corridor.
Fees eligible for credit are limited to Margarita Area "Add On" Transportation Impact
Fees and Margarita Area Specific Plan "Add On" Park Impact Fees. No other City
Impact Fees or Connection Fees shall be available for credit or reimbursement,
including, but not limited to, Citywide Transportation Impact Fees for all other MASP
projects.
c. Necessary right -of -way shall be acquired and the bike path improvements installed with
the first phase of the final map, unless the improvements are deferred to a later phase
by mutual consent of the subdivider and the City.
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. If at the time of building permit issuance the City's 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.
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. Unless otherwise approved by the Public Works Director and the Fire Marshall, a
secondary access shall be required for every phase of the final map.
5. 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 bike path plans shall be approved by the City prior to final map
recordation.
6. Prior to final map approval, 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. Choke -downs adjacent to open
space corridors shall be lengthened to include the entire length of the open space corridor.
Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or
other large city or delivery multi -axel truck's ability to negotiate the traffic calming
features. Additional or alternative traffic control measures such as raised tabletops may be
Resolution No. 10514 (2014 Series)
Page 8
required to comply with the MASP objective to "foster traffic volumes and speeds that will
be compatible with the neighborhood."
7. 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. As an alternative to the above,
prior to final map recordation, the Subdivider may pay a one -time nonrefundable
contribution to the City's Neighborhood Traffic Management Program in the amount of
$130,000 to fund future traffic calming efforts in and around Tract 2428.
8. 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.
9. Prior to approval of improvement plans, alternative paving materials proposed within the
public right -of -way shall be approved by the Public Works Director. Alternative paving
materials shall be maintained by the Homeowner's Association.
10. 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.
11. Except for the 71 -acre lot donated to the City, project common areas including, but not
limited to, landscaped 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 and
water meter installation fees and shall be paid for by the subdivider.
12. The final locations of multi -use path connections to public streets shall be reviewed and
approved by the Natural Resources Manager and City Traffic Engineer. Where multi -use
paths intersect public streets, the roadway shall be narrowed and the crossing designed
perpendicular to the roadway.
13. The final design and location of private streets and fire access ways, and the approaches
thereto onto public streets, shall be reviewed and approved by the Public Works Director
and Fire Department. Plans submitted for review shall include a turning diagram
demonstrating a fire, garbage or other large city or delivery multi -axle truck's ability to
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Page 9
negotiate into and within the private streets and access ways within the proposed "PD" and
Lot 178 portions of the site.
14. The proposed street bulb -outs shall be designed with minimum inside and outside radii of
20' and 10' respectively.
15. Analysis of the street drainage design shall be provided with the submittal of complete
public improvement plans. Streets designed with a quarter crown shall justify the curb
capacities in accordance with city standards. Some areas may require that the bulb -outs be
reduced in depth or removed completely to accommodate the drainage along the high side
of the street.
16. Bulb -outs at T- intersections may need to be replaced with standard curb returns of a smaller
radius to achieve the desired traffic calming goals and to accommodate street drainage.
17. The number and location of catch basins shall consider city standard spacing and drainage
design requirements. The number of catch basins shall be limited to those required by code
and /or design to the satisfaction of the City Engineer.
18. The transition between Street N and Street W shall be approved to the satisfaction of the
City Engineer. Moving of the quarter crown section from one side of the street to the
opposite side shall not be completed with a super - elevated section unless all drainage
issues are addressed.
19. Street intersections shall be provided with directional curb ramps in accordance with city
and ADA standards or guidelines. T- intersections shall include receiving ramps on the
through street.
20. Prior to final map recordation, the subdivider shall submit a separate irrevocable offer of
dedication for public access purposes to provide access from VTM Tract 2353 to the open
space adjacent to Tract 2428. The offer will be recorded in the event that the Tract 2428
public improvements have not yet been accepted by the City, but access to the open space
is needed for VTM Tract 2353 and the general public.
On & Off -Site Improvements:
21. 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
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Page 10
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.
22. The final subdivision design shall incorporate stormwater quality BMPs with the most
current edition of the Engineering Standards, shall be 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.
23. 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.
24. The design of any stormwater facilities shall be in compliance with the Waterway
Management Plan Drainage Design Manual requirement for construction
25. 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 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
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Page 11
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.
26. 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. Prior to
hearing by ARC, the applicant shall provide plans to the Public Works Department with
additional detail adequate to show locations of all proposed shared driveways.
27. 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.
28. The subdivider shall install private street lighting along the private internal streets per City
standards and public street lighting along the public streets, as determined by the Director
of Public Works. All public street lighting 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.
29. For lots abutting the existing developed Margarita and Chumash Village projects, any
slopes and drainage structures proposed in those rear lots shall be maintained by the
property owners, with an additional slope and maintenance easement to the HOA so that
the HOA can maintain these slopes if the property owners fail to do so in a satisfactory
manner. Details on the level of maintenance shall be provided in the draft CC &R's and
reviewed and approved by the Community Development Director.
Water, Sewer, Solid Waste & Utilities:
30. 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. If it is discovered that an off -site deficiency exists, the owner will be
required to mitigate the deficiency as a part of the overall project.
31. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of
the Utilities Engineer.
32. 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.
33. 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.
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34. 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.
35. The sewer and water mains should be located approximately 6 feet 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.
36. 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.
37. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall
add additional detail to the plans adequate to show the locations of all red curbs, fire
hydrants, water meters, backflow preventers, solid waste storage areas (for the detached
lots), the solid waste collection vehicle's ability to safely maneuver and access containers
on the private roads in the PD portion of the development), to the satisfaction of the
Utilities Department. Said details shall also indicate appropriate screening for backflow
preventers, and shall clearly indicate any requested deviations from City standards.
38. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan
that indicates how any parkway areas associated with detached and /or meandering
sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20
of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a
minimum of 6 -feet in width to allow the planting of street trees.
39. Recycled water will be required to be used throughout the development to the maximum
extent feasible. Recycled water use areas will include any landscape or turf areas that are
under common ownership or control, and for which the maintenance will be by contract.
40. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to
show the width, grade, structural cross - section and turning radii of all fire access roads and
connections with public or private roads within the subdivision and within the 71 -acre open
space lot are suitable for travel by City fire trucks,
Grading & Drainage:
41. 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
Resolution No. 10514 (2014 Series)
Page 13
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.
42. 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 Dept. of Fish & Game. Certain trees
may require safety pruning by a certified Arborist as determined by the City Arborist.
43. The developer of VTM #2428 shall begin grading operations related to site preparation and
infrastructure construction near the westerly edge of the property in order to reduce the
potential for short term impacts of "herding" rodents and other small animals toward the
adjacent mobile home park.
44. Any required grading for storm flow collection features behind Lots 19 -57 shall be done to
the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director.
45. All driveways shall comply with City Engineering Standards #2130 and #2140 for down -
sloping and U- sloping driveways.
46. With regard to down - sloping and up- sloping driveways, common driveways shall be
considered throughout the subdivision at the time of review by the Architectural Review
Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53,
54/55 & 56/57, such that driveway slopes do not exceed 20 %.
47. The final pad grading and certification shall be in accordance with the approved plans,
grading ordinance, and final soils engineer recommendations. The public improvement
plans shall be reviewed by the project soils engineer. The soils engineer shall provide
written notification to the city indicating that the plans have been reviewed and are in
general conformance with the report recommendations.
48. The soils engineer shall submit updated grading recommendations in compliance with the
most current version of the California Building Code to the satisfaction of the City
Engineer and Building Official.
49. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all
graded pads and for in -situ soils on natural lots where deemed necessary by the City
Engineer or Building Official.
50. Final pad certifications shall include the certification of pad construction and elevations.
The soils engineer shall certify all grading prior to acceptance of the public improvements
and /or prior to building permit issuance. The certification shall indicate that the graded
pads are suitable for their intended use.
51. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement
plans and final map shall reflect any additional improvements and easements necessary for
slope protection and maintenance.
Resolution No. 10514 (2014 Series)
Page 14
52. Downstream and /or offsite drainage improvements shall be completed to the satisfaction of
the city prior to commencing with public improvements or subdivision grading. If off -site
improvements are not complete, a phasing plan and on -site detention may be required.
53. The width of all public or private drainage easements shall be approved to the satisfaction
of the City Engineer. Drainage easements requiring subsurface piping systems shall not be
less than 15' in width. Surface drainage improvements located along the westerly and
southerly tract boundaries shall be located in easements not less than 10' in width.
54. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an
approved outlet to the existing drainage channels or to an approved off -site drainage
easement.
55. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of
the HOA- maintained interceptor ditch unless otherwise approved by the City Engineer and
Natural Resource Manager.
56. The interceptor ditch shall be designed to accommodate any improved or diverted runoff
from the existing or proposed trail improvements.
57. The public improvement plans and final drainage report shall include additional analysis of
the runoff from the existing and proposed trails or access roads. The proposed interceptor
ditch shall be extended to protect Lots 52 — 57 if necessary.
58. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road
drainage shall be clearly defined and drainage improvements and easements shall be
provided if necessary. The road may be re- graded to eliminate any cross lot drainage if
applicable.
59. The presence of springs within the development area has been identified by the soils
engineer as one of the primary geotechnical concerns. All areas of known or observed
seeps and springs shall be specifically addressed by the soils engineer. General
recommendations shall be provided for all lot areas, roadways, and for the installation of
utilities.
60. Drainage systems designed to collect spring water or other sub - surface waters shall be
directed to the natural drainage channels to the maximum extent feasible. Subsurface
drainages shall not be directed to the surface of the public streets unless otherwise
approved by the City Engineer.
61. Utility trenches shall be protected with trench dams based on recommendations by the soils
engineer. Trenches to individual Lots shall be likewise protected to avoid the collection
and deposition of sub - surface drainage to under -floor or under -slab areas. Relief drains
shall outlet to a location approved by the City Engineer.
Resolution No. 10514 (2014 Series)
Page 15
62. If nuisance spring water is expected or encountered with the subdivision improvements
and /or home construction, a separate French drain system may be required with storm drain
extensions to individual lots or areas of concern.
Homeowners' Association:
63. The subdivider shall submit CC &R's with the Final Map that establishes a Homeowner's
Association (HOA). 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 trail network (except for Lot 178). The HOA shall also annually maintain a 30' wide
wildland fuel reduction zone along all open space lots abutting developments within the
MASP. The CC &R's shall be approved by the City Attorney prior to recordation of the
Final Map, or any phase thereof.
64. The HOA shall own and maintain all that portion of the lots designated as "Open Space" or
"Wetlands Mitigation" (except for Lot 178, which is proposed for donation to the City).
Those open space areas that accommodate trails intended for public use shall be maintained
by the HOA for public access. Maintenance responsibilities shall also include maintenance
of any cut or fill slopes required to make the swale and berm. The storm drainage system
and the sewer lines within private streets shall be privately owned and maintained by the
HOA (to be included in CC& R's).
65. The HOA shall be responsible for maintaining any required red curbing and fire lane
signage approved within the subdivision.
66. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved
by the City Attorney and Community Development Director prior to final map approval.
CC &R's shall contain the following provisions that pertain to all lots:
a. Creation of an HOA or annexation into an existing HOA.
b. No parking except in approved, designated spaces.
c. No change in city- required provisions of the CC &R's without prior City Council
approval.
d. Provision for all of the maintenance responsibilities outlined in various conditions
herein.
e. Provision for common driveway use, access, and maintenance for those lots with
shared access.
f. The HOA shall be responsible for maintenance of the drainage swale running along and
behind Lots 19 -57 (i.e. all lots backing onto the 71 -acre open space lot), as depicted on
sheet 2 of the Vesting Tentative Map.
g. Drainage swales along the west and south tract boundaries shall be maintained,
repaired and /or replaced by individual lot owners in such a way as to allow clear and
Resolution No. 10514 (2014 Series)
Page 16
unobstructed storm water flows. No storage, alterations, construction and /or
landscaping may be permitted in or around these swales in a manner that interferes with
accessibility to, the design, and function of the overall tract storm drainage system. In
the event that individual lot owners do not properly maintain, repair and /or replace the
drainage improvements, the HOA shall have the right under the CC &R's to enter said
lot owner's property, effect such maintenance, repair and /or replacement, and bill said
owner for costs related thereto. In the event HOA is unwilling or unable to manage the
storm system within the any portion of the tract (including the PD Zone as noted
below), the City shall have the right to enter said property and maintain, make repairs
and /or replace storm drainage system features and bill the HOA for said work. HOA
and City access will be established through storm drainage easements recorded with the
final map. Fencing designs shall not interfere with the functionality of the swales. The
locations and designs of the project fencing shall be to the review and approval of the
Architectural Review Commission along with their review of other project
development plans.
67. With respect to that portion of the subdivision within the PD Zone (Lots 86 -177), the
CC &Rs shall contain the following provisions, in addition to the above:
a. Creation of a homeowners' association to enforce the CC &Rs and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage swales and storm drainage improvements, on -site sewer facilities, parking lot
areas, walls and fences, lighting, and landscaping lying outside of private building
footprints and patios.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motor homes, or trailers nor long -term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
Resolution No. 10514 (2014 Series)
Page 17
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as
required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
1. No change in City- required provisions for trash collection without prior approval by the
Community Development Director.
Paths /Open Space
68. 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 be used by pedestrians only or where environmental conditions warrant a
narrower path based on consideration of in -the -field found conditions.
69. 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.
70. Class I path crossings at "N" St. should be perpendicular to the street. A cross section
should be developed to show transition of path up to the roadway crossing. A raised
table -top design with decorative pavement, choke - downs, and signage shall be provided
and crossing shall be designed to direct pedestrians to cross the roadway in a direct
perpendicular manner.
71. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D"
St. as indicated by MASP. Approved fencing or railing shall be installed at locations
approved by the City to discourage pedestrians from using unapproved routes to access the
open space.
72. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical
connection to the terminus of Calle Jazmin.
73. The mid -block crossing of "S" Street shall be eliminated due to its close proximity to Calle
Malva.
74. The proposed bridge crossings shall provide an accessible path -of- travel in accordance with
the current codes.
75. Subject to approval by the City, the subdivider shall grant the 71 -acre open space Lot 178
in fee to the City prior to or concurrent with the first phase of final map recordation. If the
grant deed is deferred to a future phase by mutual consent of the City and subdivider, then
prior to or concurrent with the first phase of final map recordation, the subdivider shall
re -offer the conservation easement over Lot 178 and said offer shall be signed by all
current owners of record and beneficiaries on Deeds of Trusts.
Resolution No. 10514 (2014 Series)
Page 18
Air Quality:
76. 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, Naturally Occurring Asbestos, Best Available Control
Technologies, construction activity management plans, and phasing techniques.
Housing Programs:
77. Lots 171 -175 of the "condominium" lots on the revised map, to be reserved for the
development of 26 affordable housing units, shall be dedicated to the Housing Authority prior
to, or in conjunction with, recording the second phase of Tentative Tract 2428. Lots 176 &
177 are reserved for development of six (6) "open market" -rate condominium units.
Improvement plans for Tract 2428 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 average residential unit size of the entire Tentative Tract
2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element.
Planning Requirements:
78. 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.
79. City Standard driveway approaches shall be provided at alley private access points to public
streets to and provide adequate line of sight where red curbing would otherwise be needed.
80. 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 above.
81. Guest parking spaces shall be designed so motorists can enter and exit the public street in a
forward motion, in no more than 2 movements.
82. 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.
83. 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.
84. 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.
Resolution No. 10514 (2014 Series)
Page 19
85. 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.
86. Proposed hillside Lots 19 -57, which back up to the large open space parcel, are hereby
designated sensitive sites and must comply with the Community Design Guidelines for
hillside development. Individual lot development shall be subject to the review and
approval of the Architectural Review Commission (ARC). Planning staff may make the
determination upon submittal of complete plans if the minor or incidental architectural
review process is appropriate.
87. Proposed hillside Lots 19 -57 are located within a wildland /urban interface area and shall
comply with all applicable local and state fire code requirements, subject to the approval of
the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance
proposals shall be submitted along with subdivision improvement plans to the approval of the
Natural Resources Manager and the Fire Department.
88. Where the finished pad elevation for a lot along the westerly and southerly boundary of this
subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to
it within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353,
development of said higher lot within VTM 2428 shall be limited to a single story
structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village
Mobile Home Park, El Camino Estates or approved TM 42353 be less than 20 feet.
89. Except as required above, the following additional conditions of approval relate to requested
exceptions to standard City requirements and will apply only within the area rezoned for
"PD" Planned Development Overlay:
a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of
right -of -way and no less than 20 feet to the garage that has access to the public street.
b. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no
less than 20 feet to the garage from the centerline of the private street for Lots 117 through
137; for all other lots, no less than 15 feet from garages to the centerline of the private
street and no less than 5 feet for all other non - street fronting side and rear yard setbacks.
c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding
garages and carports, patios, decks and roof overhangs.
d. Upper floor setbacks from property lines need not be more than as required for the ground
floor portion of the structure.
e. All patio areas exterior to the residence may not exceed an aggregate total area of 500
square feet.
Resolution No. 10514 (2014 Series)
Page 20
f. No exterior patio fence /wall heights may exceed a maximum height of 42 inches (3 -1/2
feet.)
g. Driveway depths for garages facing private streets shall be designed to accommodate a
parking space in front of a garage that prevents the parked vehicle from encroaching into
the travel lane of the common area portion of the drive or street. Variations of design to
meet this performance standard will be subject to approval of the Community
Development Director and final plans shall be reviewed and approved by the ARC.
h. In no event will a floor plan for a lot be allowed that provides more bedrooms than
allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.)
90. Notice of the onset of clearing or grading activities (or other activities likely to cause dust,
noise or animal movements) shall be given to all owners and occupants of residential or
commercial properties within 100 feet of such activity and all residents and owners within the
Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks
prior to commencement of activities such as clearing or grading which may result in dust,
noise, or animal movements, that such activity is about to take place and advising that certain
precautions may be taken to reduce or minimize any effects there from.
91. Prior to review by the Architectural Review Commission, the applicant shall provide specific
scaled illustrations showing precise dimensions, area and locations of both private and
common open space together with complete tabulations demonstrating compliance with open
space requirements of Section 16.17.030. B. of the City Subdivision Ordinance.
92. Prior to review by the Architectural Review Commission, the applicant shall provide
tabulations of and specific scaled site plans showing precise dimensions for all guest parking
facilities within the single - family portion of the Planned Development component. Without
unduly adding hardscape to the site, the amount of guest parking spaces shall be maximized to
prevent overspill onto adjacent public streets and more closely meet expected demand.
93. Within the affordable housing component of the project, parking spaces shall be provided that
are nearby and convenient to all units.
94. All fireplaces within the development shall be gas- supplied, rather than wood - burning.
95. To assure more functional and safe access along the minimum 24 -foot wide private drive
leading from "S" Street to the affordable housing component, all lots with frontages along
this private drive (Lots 159 & 160, and 165 -170) shall be designed with side - loaded
garages so that vehicles are not directly backing out into the private drive.
Code Requirements:
L Traffic impact fees and water and wastewater impact fees shall 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.
Resolution No. 10514 (2014 Series)
Page 21
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" (NOI) 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 corners 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.
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 ' /z" 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.
Resolution No. 10514 (2014 Series)
Page 22
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.
ATTEST:
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City Clerk Y-�
APPROVED AS TO FORM:
Christine Dictnck
City Attorney
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Mayor J
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Sent:Sunday, February 13, 2022 12:51 PM
To:CityClerk
Subject:Board of Directors with Toscano HOA
Follow Up Flag:Follow up
Flag Status:Flagged
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________________________________
Hello,
Our CC&Rs require that we notify you of the following:
Gail Ryff, President
354 Tresana Lane
San Luis Obispo, CA 93401
Denis Moresco, Vice President & Treasurer Midland Pacific Homes
7305 Morro Road, Suite 207
Atascadero, CA 93422
Dick Brown, Secretary
342 Tresana Lane
San Luis Obispo, CA 93401
Gail