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HomeMy WebLinkAbout08/16/1988, 3 - TRACT 1360: CONSIDERATION OF A VESTING TENTATIVE MAP TO CREATE 141 RESIDENTIAL LOTS IN THREE PHASES AT THE END OF POINSETTIA STREET IN THE EDNA-ISLAY AREA I'IIy�II�IIIIIII�I���IU f MEETING DAT Bl pi�►ui� cityo san tins oBIspo 8-16-88 COUNCIL AGENDA REPORT FROM Terry Sanville, Acting Community Development Director By: Judith Lautner SUBJECT: Tract 1360: Consideration of a vesting tentative map to create 141 residential lots in three phases at the end of Poinsettia Street in the Edna-Islay area CAO RECOMMENDATION: Approve the tentative map subject to conditions recommended by the Planning Commission. BACKGROUND Discussion The Edna Islay Specific Plan was adopted in 1982. The plan calls for development of the entire site in no less than eleven years. The first five phases on the "Edna" side, west of the railraod, have been approved and are nearing completion. The owner of the Edna portion now wants approval of a tentative map subdividing the remainder of that side, except for one large lot on the north side of Tank Farm Road. The map includes three phases, similar but not identical to the three remaining phases outlined in the specific plan. The map, if approved, would allow: ' Creation of 141 residential lots and six park or open space lots over three phases, with minor adjustments to phase boundaries. ' Continuance of a bicycle/pedestrian path extending from a new neighborhood park to an existing railroad underpass. ' Improvements to the creek, a bridge over the creek, and an adjacent detention basin. ' Creation of a noise buffer area by the railroad. The Planning Commission reviewed this subdivision on July 13, 1988, and July 27, 1988. The commission had concerns with the design of the bicycle/pedestrian paths (primarily their closeness to the creek), the sound wall near the railroad, the use of the detention basin, grading of the tract, and landscaping of the creek areas. The commission found the subdivision consistent with the specific plan and other city policies, as conditioned, and recommends its approval. SIGNIFICANT IMPACTS No significant environmental impacts are likely to result from approval of this subdivision. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION If the council denies the map, the property will remain vacant until a map is submitted and approved for its development. It is likely that development of the new park (French Park) would be delayed also, as the developer and future homeowners are partially responsible for its completion. 3 �I ►��►�►�►► Il�ill�ll������`I city of San tins OBISpo Mnms COUNCIL AGENDA REPORT Tract 1360 Page 2 Data summary Address: 4400 Poinsettia Street Subdivider: Tierra Engineering Representative: Gerald Michael Property owners: Charles, C.M., and John French Zoning: R-1-SP General plan: Low-density residential Environmental status: Environmental impact report certified in 1982; no further review necessary Project action deadline: August 26, 1988 Site description The property consists of gently sloping land, devoid of significant vegetation, with a creek (called the "south creek" in the specific plan) running through it. The site is bounded by the Southern Pacific Railroad on the east, the city limits on the south/southwest, and by existing residential development on the north. EVALUATION The council should consider the following in its review: 1. Vesting may has limited effect. The Subdivision Map Act says that whenever a tentative map may be filed, a vesting tentative map may instead be filed. The city has adopted regulations in accordance with state law. In effect, approval of a vesting map confers a "vested right" to development in substantial compliance with the ordinances, policies and standards in effect when the application is determined complete. Court case history indicates that standard subdivision maps have no vested rights until a substantial financial commitment has been made, in accordance with ordinances, policies and standards in effect when the final map is approved. Therefore, a vesting map provides protection to the subdivider against zoning changes, land use policy changes, and other code changes that could affect the development, at an earlier time in the process. The subdivider said that he applied for a vesting map instead of a standard subdivision map to protect his development from new sewer and water fees under consideration by the city. By the time the application was deemed complete, however, current fees had been increased and the creation of new kinds of fees that would significantly affect this development is considered unlikely. Planning staff has consulted with the city attorney, who in turn contacted a prominent land-use attorney (Dan Curtin) for legal opinions on the following questions: 3-2� ����►► ►��IIIII(illliq11l city of San tins OBISpo EMNis COUNCIL AGENDA REPORT Tract 1360 Page 3 • How would a moratorium based on water or sewer deficiencies affect vesting mans as opposed to standard maps? A moratorium based on health or safety reasons would apply to vesting and standard maps equally. That is, there is no connection between lack of water and creation of lots, according to the city attorney. The city, therefore, may not deny a tentative or a final map based on a water deficiency. However, the city may deny building permits for the lots created, if a moratorium is in effect. A vesting map does not confer vested rights to services or supplies. • If the city anticipates imposition of new types of fees within 12 to 24 months of the approval of the tentative map can the city find it in the public interest to deny the map? No. However, the city can place a condition on the approval to the effect that "If fees for (specify purpose) are created prior to approval of the final map, then those fees must be paid by the subdivider at the time of approval of the final map." The consultant points out that this is a legal opinion, and not one which has been challenged in court. ' Can a health or safety reason be used to prevent approval of a final map based on a vesting tentative map if water or sewer deficiencies will prevent development of the lots? In other words can the transfer of the lots be prevented in this situation? No. Final maps for both standard and vesting maps cannot be denied or delayed to prevent transfer of ownership of the lots, in the event of utility deficiencies. In summary, approval of this vesting map will "lock in" development requirements in conformance with ordinances, policies and standards in effect on June 14, 1988 (the date the map was considered complete), except that conditions may anticipate changes. If the council anticipates that new fees will be in effect in the near future, conditions relating to those fees should be included in the approval of the map. The city attorney's written response to these questions is attached to this report. 2. The subdivision is in three phases as required by the specific plan. The minor adjustments to phase boundaries are acceptable, in staff's view. However, the council may find the submittal of the map at this time in conflict with the "growth management" provisions of the plan (See page 84 of the FISP): The growth management section sets dates before which building permits may not be issued. Phases 6, 7, and 8 are to receive building permits no sooner than April 1989, April 1990, and April 1991. The section goes on to say that, "phasing must proceed sequentially" and "at least 50% of the improvements and residential units required in each phase must also be completed prior to creation of residential subdivision or development in a succeeding phase", and that "no phase must be initiated if more than 200 residential units ... remain to be constructed in preceding phases." �-3 �����►�►��illll��p►► �U�ll city of san tuts oBispo di& COUNCIL AGENDA REPORT Tract 1360 Page 4 If only the phases on the Edna side are considered, these criteria are easily met. The question to be answered is if this section means that none of the units in these three phases may be constructed until phases 4 and 5 on the Islay side are substantially complete. The owners of the Islay side have not submitted plans for phases 4 and 5 as yet. If the answer is yes, then the present subdivider's development must hinge on the speed of the other developer in submitting plans. The City Attorney says that the city may legally make this kind of requirement. On the other hand, the specific plan also says (page 85): "However, if for reasons other than the criteria above a phase is not implemented during the phasing sequence, then the succeeding phase may be started if and when: - one half year has elapsed from the time that the unimplemented phase was permitted to begin by the standards above and - all improvements required to assure the health and safety of residents are available to or constructed with the succeeding phase." When the subdivider submitted the previous two phases (phases 4 and 5, Tract 1235), the council determined that the separate ownership and late start of the Islay side development constituted "reasons other than the criteria above" and that the subdivider was entitled to proceed prior to completion of phases 3 and 4 on the Islay side. If the council is concerned that development on the Islay side is not keeping pace with development of the Edna side, it may deny this subdivision, finding the submittal of a map at this time inconsistent with the growth management provisions of the specific plan, specifically with the provision that "no phase must be initiated if more than 200 residential units remain to be constructed in preceding phases". Staff and the Planning Commission found the subdivision's submittal consistent with the growth management provisions. 3. The creek is in a "creek improvement area". This portion of the south creek is designated a "creek improvement area" by the specific plan. According to the specific plan (page 21), improvement areas "are designed to allow limited public use and typically connect housing areas with neighborhood parks. Additional landscaping to creek bank areas and trail systems would also be developed". The list of "typical activities includes (page 22): passive recreation areas bicycle and pedestrian and equestrian paths creekside landscaped areas limited recreation facilities All creek improvement areas are to be dedicated to and maintained by the city. Standards for improvements are spelled out on page 39 of the specific plan and illustrated on figure 11. Staff has reviewed the creek improvements proposed and offers the following analysis (specific plan standards are underlined): �u���►►►�Illll��pi►����I city of San lues OBIspo COUNCIL AGENDA REPORT Tract 1360 Page 5 Creek banks will be recontoured to slopes (2.1 to 3.1) which will prevent further erosion. Section A-A on the creek restoration plan shows banks recontoured to 2:1 maximum slopes. The plan view shows the existing top of bank as a light dashed line. The new top of bank is shown as a heavy dashed line. Most of the creek bed needs no recontouring, or minimal cutting. In three areas, however, fill is introduced. The largest area is a part of the "open area" near the railroad, where the banks have washed out, creating a wide, shallow bed. The subdivider prefers to fill this section to create a more park-like, usable recreation area. (See June 10 letter from Jerry Michael, attached.) The 100-year flood elevation, shown as a large-dotted line, indicates that a wide channel is not necessary to contain floodwaters. Vegetation is limited in this part of the creek, and erosion control is necessary. Staff therefore supports the proposed fill, which should enhance the creekside setting. Another fill area is near the overcrossing of Poinsettia Street, and is necessitated primarily by the need to cross the creek. Again, it is an area widened by erosion that can benefit by some containment. (See below for discussion of the bridge.) The third fill area is within the area proposed for a detention basin. The detention basin would have to be deeper to maintain this portion of the creek. Filling this area simplifies the operation of the detention basin, and should have no adverse effects on wildlife or other aspects of the creek channel. The attached letter from Jerry Michael, dated June 10, addresses the creek area improvements. The channel course (both vertically and horizontally) must not be significantly he aneed. A review of the plan view and section indicates that the course remains unchanged. No grading should occur lower than 3 feet above the existing channel bottom nor within 10 feet of the existing creek centerline whichever is more restrictive The section indicates this criterium is being followed. Recontoured banks will be revegetated with indigenous plant species that are drought resistant. require minimal maintenance and that are suitable for wildlife in the re Planting in the creek bed is shown only as "riparian vegetation" at this stage. Staff suggests that a condition be imposed on approval of this map that restates this specific plan requirement (see suggested condition #4). The subdivider has submitted a list of proposed plant species to be used in the revegetation. This list is attached to this report. Pedestrian paths and bikeways will be set back from the too of bank a suitable distance (at least 10 feet). (Figure 11 shows the centerline of paths a minium of ten feet from the new top of bank.) city of San LUIS osIspo Mwiai ; COUNCIL AGENDA REPORT Tract 1360 page 6 The plan view shows the path at least ten feet from the top of bank in most cases. Where the path enters the railroad underpass it must enter the creek bed, so this section, if slopes are reasonable, is acceptable. The Planning Commission preferred that these paths be set farther back than ten feet. There are a few tight places, where a setback much beyond ten feet would be difficult or impossible. However, along the majority of the creek the path can and in fact is shown farther than ten feet back. Condition number 9 requires the edge of the path to be set back fifteen feet from the top of bank, except in those tight areas. Access to the creek bank and bottom will be limited to selected locations spaced no closer than 800 to 1000 feet. Selected access points should be where relatively high foot or bike traffic is expected and where the creek area will easily allow passive recreation activities. Direct access is shown near the underpass by the entering of two paths into the creek bed. One path comes from Poinsettia Street and provides an alternative route to the off-street bicycle/pedestrian path. The other, discussed above, is the end of the creekside path. No other access points are shown. Staff and the commission recommend additional entry points to the creek: along the bank next to the detention basin, which may be used for recreational purposes; and next to the "open area" that is adjacent to the railroad. If "improved" access is provided at these points, destruction of planting and wildlife habitat may be prevented in more sensitive areas. Improvements may be the construction of native rock "steps" partway into the creek area, or a similar low-technology alternative. Condition no. 11 allows the access points and improvements to be approved by staff. At the time of development or subdivision planning. the Department of Fish and Game must be consulted. The Department of Fish and Game has reviewed the plans, and has no comments at this time. The subdivider must obtain permits from the DFG prior to doing any work in the creek. 4. The proposed bridge is to be an aluminum arch culvert. with concrete headwalls. Staff and the commission wanted to see more natural headwalls, preferably of a material that would support plant growth. The existing bridge on Poinsettia Street utilizes gabions (wire cages filled with rocks), packed with dirt and planted with cuttings. The plantings were unsuccessful, although vines are beginning to trail down over the gabions. The use of.gabions in this application (for headwalls) was experimental, and an attempt to create a more natural condition than concrete headwalls normally create. Staff supported the use because it had the potential to be more attractive and to create a better wildlife habitat. However, some difficulties arose during the construction: ' It was difficult to fit the gabions to align with the curved bridge structure. 3��0 �11111121111111!1112111 L11 city of San tins OBISPO COUNCIL AGENDA REPORT Tract 1360 Page 7 • Construction and placement of gabions for this purpose must be inspected continuously to assure proper packing and placement. Such inspection is financially infeasible for the city. • Without the above inspections, the gabions must be inspected frequently after installation, and repairs made as necessary. The city is unable to devote time to making frequent repairs, and gabion manufacturers are unlikely to'offer a long (five years) guarantee period. Based on these difficulties, the subdivider and the City Engineer prefer the use of an alternative technique. However, both are willing to accept the use of gabions again if required, believing that the experience gained from the previous use may alleviate some of the above concerns. Staff is willing to work with the applicant on determining an appropriate bridge design, with general guidelines from the council. 5. Bank protection methods have not been delineated In this portion of the creek, bank slopes are generally stable, but newly-created banks must be protected from erosion. The representative says that riparian planting is the only technique proposed at this time. Staff recommends that, similar to other recent creek-related projects, a final creek protection and restoration plan be submitted along with improvement plans, to be approved by the Community Development Director and City Engineer. With direction, staff can review specific techniques proposed for bank stabilization on the final creek plans. 6. The railroad buffer design is similar to the previously-anoroved design The specific plan calls for two different types of treatment for the railroad buffer area in this location. Figure 12 of the specific plan calls for the use of "noise attenuation concept 4" for most of the area, and for "noise attenuation concept 5" at the switching frog. Figure 14 describes concept 4 as the placement of homes along the 50' buffer zone line, creating a "common wall" of homes that would act as a noise barrier by itself. Noise concept 5 calls for the addition of a ten-foot-high wall to concept 4. The subdivider prefers to use an alternative method. A noise study done for Tract 1264 confirms that the installation of a six-foot-high wall near the tracks will have the same effect as using the homes fifty feet away as a wall. To mitigate the additional noise associated with the switching frog, the subdivider is proposing to increase the height of the wall to ten feet. Section A-A on the tract map shows the general configuation of the sound wall and buffer area. The specific plan land use and circulation map shows the railroad buffer widening at the end, near the switching frog. The plan allowed for creation of an earth berm, if determined necessary, to meet the exterior noise limit of 60 dBA Ldn. Staff finds the alternative proposal acceptable, provided the subdivider submits additional acoustical engineering to support the proposal for the area near the switching frog. 7. Grading is minimal. The site slopes gently, and there are no significant natural landforms worthy of preservation. Grading has been limited to sloping the lots to drain to the streets, which in most cases involves cut or fill banks of less than three feet. Finish grade elevations for the house footprints are indicated on each of the lots. Where banks exceed three feet, they are shown on the plans. A colored tract map will be available at the meeting that further explains the grading. .0�7 ���►�ibA►IVIIIIIII�II��u����U�ll city of san tuis oBispo Njj% COUNCIL AGENDA REPORT Tract 1360 Page 8 The grading is consistent with the city's grading ordinance and building code. 8. The Fire Deoartment has requirements. The specific plan states that "the developers of the Edna-Islay area will be required to help pay for equipment which improves fire response from Fire Station #3", including "a device which lets the fire department know when the railroad tracks are blocked by a train at Orcutt Road". This device has not been purchased. The fire department has determined the cost of the device to be as high as $20,000. In lieu of this device, the Fire Department is willing to accept additional intersection control devices, for a.cost of approximately $4500 (see memorandum from Erwin Willis, attached). Condition no. 2 refers to "fire protection facilities required by the fire department". Such facilities, in addition to normally-required all-weather access and water accessibility, may include such a device. Another fire department requirement is that all homes beyond the four-minute response line from Fire Station 3 must include "on-site fire mitigation". The fire department has routinely required residential sprinklers to satisfy this requirement. Condition no. 3 states this requirement. 9. A detention basin is needed to hold runoff beyond "predevelopment" levels, and then to let it out gradually. Previously, the detention basins have been planted and fenced with black chain-link fencing, to obscure the basins. Detention basins in other areas of the state are often used for recreational purposes as well as for detaining water. As the basin will be holding water only a small part of the year, staff and the commission suggest that the basin be made accessible for residents for picnics and other passive activities. The specific plan does not address alternative uses for the basins, nor does it require fencing. John French, in his letter of July 19 says that "our experience with small detention basins is that they offer a greater opportunity for use as open space than for active recreation uses" and that "It should be noted that the specific plan has language in opposition to such uses near the creek". Staff points out that the basin is more appropriate for passive rather than active recreation, and notes that the specific plan says (under "Design solutions - creek improvement areas" on page 39) that "these areas should be changed so that they provide safe passive recreation as well as suitable habitat and migration corridors for wildlife." In accordance with commission direction, condition no. 12 says that the detention basin is to be unfenced, which will allow its use for passive recreation activities monitored by the homeowners' association, which will own and maintain the basin. OTHER DEPARTMENT COMMENTS Comments from the Public Works Department, the Department of Fish and Game, and the Fire Department are discussed above or incorporated in the conditions. Other departments and agencies had no comments that are not included in the discussion. 3-g ����i ►►�Illllfl��1°j�����U city of San tins osIspo COUNCIL AGENDA REPORT Tract 1360 page 9 ALTERNATIVES The council may approve the subdivision, with conditions as recommended or as modified by the council. The council may deny the subdivision, if significant issues are outstanding that cannot be resolved by the placement of conditions. Findings must be made for denial. As noted above, the council may find that submittal of the subdivision map is not consistent with the specific plan growth management provisions. The council may continue action to a regular meeting, if the subdivider agrees to a continuance. The deadline for council action, set by state law, is August 26. Alternatively, the council may continue action to a special meeting set on or before August 26. No notice is required for continuace to a specific date. FISCAL IMPACT Approval of this subdivision involves a commitment by the city to funding a portion of the development of French Park. The cost to the city for the remainder (split into three phases) of development is approximately $210,000. In addition, maintenance of the park will require the equivalent of one full-time maintenance person. RECOMMENDATION Approve the tentative map, based on findings and subject to conditions in the attached draft resolution, as recommended by the Planning Commission. Attachments Draft resolution Vicinity map April 27 letter from Jerry Michael June 10 letter from Jerry Michael Letter from John French dated July 19, 1988 Letters from citizens Excerpt - Subdivision Regulations - vesting maps Excerpt - Subdivision Map Act Excerpt - EISP - Fire Protection requirements Excerpt - Department of Water Resources urban stream restoration guidelines Memorandum from Roger Picquet on vesting maps Memorandum from Erwin Willis on Fire Department requirements Riparian plant list JL3:tr 1360cc RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 1360 LOCATED AT 44.00 POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the vesting tentative map of Tract 1360 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan and specific plan for the Edna Islay area. 2. The site is physically suited for the type and density of development allowed in an R-1-SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna Islay Specific Plan and that an environmental impact report was certified for the specific plan, and no further environmental study is needed. SECTION 2. Conditions. That the approval of the vesting tentative map for Tract 1360 be subject to the following conditions: 1. Multiple final maps may be filed. 2. Development of the subdivision must be in accordance with the Edna-Islay Specific Plan. 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shall be installed and made serviceable prior to and during the time of building construction. 4. All structures will require an approved, automatic fire-sprinkler system, to the satisfaction of the Fire Department. 5. Recontoured banks of the creek will be revegetated with indigenous plant species that are drought resistant, require minimal maintenance and that are suitable for wildlife in the area. �- Ib Resolution No. (1988 Series) Tract 1360 Page 2 6. Bicycle/pedestrian paths shall be designed in accordance with the Edna-Islay Specific Plan, to the approval of the Community Development Director. 7. Access points to the creek shall be located and improved to the satisfaction of the Community Development Director and City Engineer. 8. A creek protection and restoration plan must be submitted to the approval of the City Engineer and Community Development Director, along with improvement plans. Such plan must show improvements to the creek extending from the bicycle/pedestrian path (where it is proposed) to 20' beyond the top of bank on the opposite side, including all landscaping and erosion protection methods. 9. The edge of the bicycle/pedestrian path closest to the creek shall be set back at least fifteen feet from the top of bank, except for areas within 120 feet of the Poinsettia Street right-of-way and where the path enters the creek to go under the railroad. In those places where the path is nearer than fifteen feet, dense vegetation shall be planted between the path and the creek. 10. The creek crossing method must be within the guidelines established in the Flood Prevention Policy adopted by the city, unless an alternative is specifically approved by the council. 11. Access to the creek will be provided to the satisfaction of the Community Development Department. Improvements to allow access shall be shown on the creek protection and restoration plan. 12. Detention basins shall be unfenced and maintained by the tract homeowner's association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 13. The neighborhood park shall be completed in phases, as described in the Edna-Islay Specific Plan and approved as part of Tract 1235. The subdivider shall record a lien or alternative approved by the Community Development Department, equal to $750 per unit for park improvements, to become due and payable to a special fund, maintained by the city, upon transfer of the lots or dwelling units. 14. All street lights must be spaced less than 200' to 250' apart, per city standards, to the satisfaction of the City Engineer. 15. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. 16. All lots must be served by individual water, sewer, and utilities. 17. All public improvements must comply with city standards and are subject to modifications to the satisfaction of the City Engineer. I Resolution No. (1988 Series) Tract 1360 Page 3 18. Final plans must provide for drainage between Wisteria and Lily and also between Tulip and Yarrow to the satisfaction of the City Engineer. 19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map. All residences in the flood zone must have finished pads a minimum of one foot above the 100 year storm elevation. Flood map amendment must be processed with FEMA by developer's engineer to eliminate flood insurance requirements for those lots adjacent to the channel. 20. Subdivider must submit plans and calculations that specifically address the effects of all proposed grading within the flood zone. Plans must indicate any impacts during a 100-year storm to the satisfaction of the City Engineer, Department of Fish and Game, and the Corps of Engineers. 21. The detention basin mast be designed per standard established by the Edna-Islay Specific Plan and to the satisfaction of the City Engineer. Detention basin must be protected against erosion from the adjacent creek. 22. All lots must drain to the street or as approved by the City Engineer. 23. The emergency access road must be constructed with an all-weather surface to the satisfaction of the City Engineer and Fire Department. This road must extend to the creek and southeasterly tract boundary, or other access must be provided for maintenance of the creek area, to the satisfaction of Public Works and Community Development Departments_ 24. A Public Utility Easement must be provided for in the buffer area adjacent to lot 40 for the possible future extension of public utilities, sewer, and water. 25. All residential water services must be sized to accommodate fire sprinklers to the satisfaction of the Fire Department. 26. The developer must dedicate a 1-foot vehicular non-access strip at the southerly end of Goldenrod Lane, to the satisfaction of the City Engineer, and install a standard city barricade in this location. 27. Phasing of this tract and utilities may require off-site utility extensions within subsequent phases, to the satisfaction of the City Engineer. 28. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water shortage. Such notification shall be made a part of the recorded documentation for each lot. 29. The subdivider shall number all lots in the tract consistent with city-approved addressing plan. 3-12 Resolution No. (1988 Series) Tract 1360 Page 4 30. Grading plans must note that if grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. 31. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC&R's shall be approved by the Community Development Department and administered by the homeowner's association. The subdivider shall include the following provisions in the CC&R's for the Tract: a. Maintenance of linear parks, railroad buffer areas, and all storm water detention.basins shall be by the homeowners' association in conformance with the Edna Islay Specific Plan. b. There shall be no change in city-regulated provisions of the CC&R's without prior approval of the Community Development Department. 32. The subdivider shall provide for street furniture and signs for transit systems, to the satisfaction of the Mass Transit Committee. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1988. Mayor ATTEST: City Clerk n -lei n Resolution No. (1988 Series) Tract 1360 Page 2 APPROVED: ty Ad inistrative Officer City Atto ey Commun' y Development Director :I :..F ......00:,ON.... .................. \...• _ } •................+. 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Box 8100 San Luis Obispo, CA 93403-8100 GtroWSen Ws0bmw C mmumty DeMoWneet Dear Judy: Subject: Tract 1360 Vesting Tentative Map I have addressed the comments you had in your March 7 letter. I ended up changing the layout to provide for wider lots and moved the phase lines around. By doing so I have resolved issue 8 in your letter regarding lot F; it no longer exists. Issue Number 2, "hydraulic calculations", has been previously submitted to engineering for the entire Edna parcel. It is a very lengthy and technical report which Gary Henderson has a copy of. The other items in your letter are addressed either on the tentative map or with the landscape plans I am now submitting. An item not mentioned in your letter which I feel needs addressing is the change in phase locations from the specific plan. I have swapped phases 6 and 7 for engineering and aesthetic reasons. By changing the phasing it will allow for the looping of the water mains which will provide better quality of water and increase the fire fighting abilities. Also by changing the phasing around the linear park could be completed along with noise abatement along the railroad tracks. The specific plan as shown would create a pocket of development between existing houses which would cause numerous complaints from the homeowners. The only reason that I am aware of that the specific plan :could have allowed this sequence is to accomodate the extension of the sanitary sewer to the Islay side. The sewer is being extended now by Pacifica which would fulfill the phasing requirement. S' cerely, J ry 'chael JM/po W.O. 29.01 285 South St.Suite I. P.O.Box 1796•San Luis Obispo,CA 93406.805 543-7568 'n � � Iw l TLERRA EMGLNEER12VG Civil Engineering-Surveying•Land Planning June 10, 1988 RECEIVED Ms. Judith Lautner JUN 101988 City of San Luis Obispo Gty of San Lus 001SP P.O. Box 8100 Community cae:Qa t San Luis Obispo, CA 93403-8100 Dear Judy. Subject-Tract 1360 Responses to June 6 Letter which responded to our May 3 submittal. I have reviewed your letter and will try to address the issues you raised. Issue 1: The bike/pedestrian path is intended to be 8 feet all the way through the project. We have labeled the area of concern to be 8 feet wide but did not change the drawing due to the amount of erasure and it being ink on paper. Issue 2: The creek improvement plans have a legend on the upper right corner which explains the tops and toe of the banks, but since you had a hard time finding it we also called out on the plans the lines and what they mean. This will help Planning, Planning Commission and City Council to better understand the plans. The fill areas of the creek improvement plans occur in two locations, neither of which were filled because of the less than 2:1 slopes. The easterly fill occurs where a section of the river has backed up and eroded away a sizeable separate channel. If this remains, the possibility exists of further erosion of the peninsula causing dangerous cliffs. Also by filling in this portion the area for the bike/pedestrian path feels park-like instead of threading along this narrow piece of land to the underpass. The westerly fill occurs to enable the water to be retained in the basin. Without this fill the basin would be a deep pit in the ground to which water would need to be pumped out into the river during storms. That solution would be a continuing maintenance problem. Additional dimensions have been added to the plans showing the depth and width of the river at key locations. The culvert will be constructed using an aluminum arch culvert, like what was used in Tract 1235 Phase 2. The headwalls of the bridge will be constructed of concrete with landscaping used to soften the appearance. After speaking with Jerry Kenny I found out that the gabions as used in the past culvert would not be a method they would like to use again. On Section A-A we have added the ten foot buffer area. This item brought to my attention an area in which the lots did not meet the 10 foot requirement. These lots have been changed to reflect the needed 10 foot clearance. 285 South SL Suite 1- P.O.Bas 1796•San Luis Obispo,CA 93406.805 543-7568 14 3- 17 Page 2 Ms. Judy Lautner Item 3: Tract 1360 contains two types of railroad buffer concepts. Over 90% of the Tract contains concept #4 as spelled out in the EISP. We intend to modify concept #4 as was done in Tract 1264 Phase 3 (see enclosed report). We will fill next to the railroad and over the property line about 8 feet. This will allow a six foot high sound wall to be built and leave room for planting of trees before the ground slopes back to natural ground. The fire access road will be placed at the toe of the slope. The area where concept #5 occurs will increase the wall/berm to 10 feet to provide the extra needed sound protection. Nowhere in the EISP does it say that added separation is needed between the railroad and the houses. The only difference is the.need for a 10 foot wall along with the 50 foot planted buffer. Items 4, 5, and 6 Additional information has been added as requested. The grading has been revised to show tops and toes of slopes which are larger than 3 feet. This occurs along the railroad and at the back of lou between Tract 1235 Phase 2 and this Tract Phase 1. You will note these slopes are smaller than those in Tract 1235-2. The answer to your question of the remainder parcel on Tank Farm Road is that we will be submitting shortly an application to propose 23 PUD units on this property. I hope I have covered the items of concern in enough detail. If you have further questions please call. We are anxious to know if our application is considered complete. Si cerely, J ry,2ael egistered Engineer, RCE 36895 JM/po W.O. 29.01 cc: John French Enclosure: Railroad Noise Control Requirements - Dated 5/14/86 SAWA UJCIA HIL July19, 1988 Ms. Judy Lutner Assistant City Planner City of San_Luis Obispo San Luis Obispo, CA 93401 Dear Judy. 1. Creek Path/Setbacks., Bank Protection and Plant Pallets: Per the staff report. We will move pathways to be a minimum of 10' from top of the bank. In areas with environmental sensitivity a combination of greater setbacks and/or special landscape screening will be used to the approval of the Community Development Director. Bank protection will be to the approval of the Public Works Director. A proposed plant pallet is attached. 2. Detention Basins--Recreational Uses: Our experience with small detention basins is that they offer a greater opportunity for use as open space than for active recreation uses. A combination of their proximity to homes and an unwillingness of homeowners associations to provide the higher level of care required for areas with such uses preclude use of the proposed basins for recreation. It should be noted that the specific plan has language in opposition to such uses near the creek. 3. RxR Buffer. A modified detail for the proposed sound wall is attached. You will note that this condition exists in only 15% of the total length of the railroad buffer. No more than six feet of wall will be visible from the subdivision. 4. Grading A colored cut/fill grading plan is available. This project has a balanced cut/fill design. Sincerely, hn D. French JDF/jh 3rl 1 4058 Broad Sonet P.O. Boz 1796 San Luis Obispo, Califomia 93406 • (805) 544-3613 A RECEIVED ` 1 JAIL 13 uw fir► fie. -- -Vu uao VLe eq,", a rzzckx r b&" ' 0 . Bt�c -7 /t Ply u ���- e� c� Com'► be �� ' cu.Q �a- �'�l G 2�tiYt�— 1010 � -Zo . / . 3 RECEIVED Lily 3 Pyu76�ei JUL "Vei 4,Lv Cafe) C.K. 3 i fG. - Cj (/ Gam- cz--ncel� OL ce- 07 RECEIVEL ) 7/13/$8 M T . J U L 13 lytiti car clE ii ; c..:.: cc TIS t�--b. uu-� v►�o.-� c. 14-1 I o+ ? 198810 AT offZiA,p 1 r Q --� • `tom 5�"�- �t `�� �� J j0 Ko�+ 6C.A.-Pf�k t 4 RECEIVED a JUL 1319d8 . . Cdr a1 Sea Lu s oo,oo. ._...... ' .. . ... -41�La►p� . �Yri �CG 6c.�+�Gi�g. to d2of. �us _OL.s a.a4t ;tee K"1. t4msku_drzw .. " dna - �S 4rea.� -Firs of a!L -Z _ . rvaald . -------- - ;. l�_.Irc_ . �. �.oi++.�� �le. C��, . : a�.d the i.nd ra.d+..►ls _._._ �/►vo'Je,� ,h -iii s p✓�/«f A*e . 4" A-44 9.4rc u14_._. . . arias . _ &d i4iI n. ro posed pwr 46 . C� . . . !+ ,, tj be ,P AL*vc waw re ok/ L,�4�rm �.s;..s P1.4 comW mac_. "re 4.ezw APP& c-Izp . . - ... P /lam . a- (� awd uSad {ror baas�ae rtUex�'o-n 1726 ke issHas /tied 0100 pk.L'k lle7G.,,e.,�f b� " . 14Y.. �a•ttc res .�++._ .. _.. _ s-k[. /_�#.L.._/ci ay-& .. 4k&oL . �w C.ar7u.!iM.n_g. 7±Y_r_. _rkied Ap . _ ... .. ... *s Ala. _ _�.. .. a/`�A�,. . /(dc's s.:.n;.✓�a� s� �2s�j 46 7c�►eu pct �,xs..�.y_. o '.._ ...oke. rte;le.Apes A-4 l ws�l� r 4iv. s-b-wt G;tirs 4 iAe ryoa4 �( /o�.e4.4�. tten.&*,A . &"P4-- .4wh fsta . fn.9j".-L S69'w+ k,4�s !! �le� •►� r ,- at - df-- � I'er+�•wste,�t off. a- . �/► . . / - �- a cocas i,,.. Im^4s1-._ . . Q. I. 0� . .101.. �0'�-(/ �1•�• /`�/-.v_ � C1�,rJ Ger+�✓+JI-OU Gj V Le9C s 64-:s P� 64 53Yc/ 16.34.010-16.34.040 shall file a certificate of coZaden hall B. The regulations in this chapter are neces- referto the approved lot lifor sary for preservation of the public health, safetyeach panel affected by the use and general welfare, and for the promotion ofthe certificates)to be reco the orderly growth and development.(Ord. 1055 § I county recorder. (part), 1986) E. The director on may be appealed to the council.Ap must be filed in writing with 1634.020 Definition. the city cle within ten calendar days of the "Vesting tentative map" means a tentative action b ng appealed (see Chapter 16.60, map for a residential subdivision, which is filed Ap (Ord 934§ I (part), 1982:prior code§ and processed in accordance with this chapter. 91 -2) When approved,a vesting tentative map confers a vested right to develop property after subdivi- Chapter 1634 sion. subject to the provisions of this chapter_ (Ord. 1055§ I (part), 1986) VESTING TENTATIVE MAPS 1634.030 Application. Sections: A. This chapter shall apply to residential developments.Whenever a provision of the Sub- Article I.General Provisions division Map Act, as implemented and supple- 1634.010 Purpose and intent. mented by this title, requires the filing of a 1634.020 Definition. tentative map or tentative parcel map for a resi- 1634.030 Application. dential development, a vesting tentative map may instead be filed, in accordance with these Article II. Procedures provisions. 1634.040 Filing and processing. B. If a subdivider does not seek the rights 1634.050 Fees. conferred by this chapter, the filing of a vesting 1634.060 Expiration. tentative map shall not be a prerequiste to any approval for any proposed subdivision, permit Article III.Development Rights for construction or work preparatory to con- 1634.070 Vesting on approval of vesting struction. (Ord. 1055 § I (part). 1986) tentative map. 1634.080 Development inconsistent with Article II. Procedures zoning—Conditional approval. 1634.090 Applications inconsistent with 1634.040 Filing and processing. current policies. A vesting tentative map shall be filed in the same form and have the same contents,accom- Article 1.General Provisions panying data and reports and shall be processed in the same manner as set forth in this title for a 1634.010 Purpose and intent. tentative map except as hereinafter provided: A. This chapter establishes procedures for A. At the time a vesting tentative map is filed, vesting tentative maps, in accordance with the it shall have printed conspicuously on its face the provisions of Chapter 4.5 of the State Subdivi- words"vesting tentative map." sion Map Act. No land shall be subdivided and B. Prior to accepting an application for a vest- developed under a vesting tentative map for any ing tentative map, the director may require the purpose which is inconsistent with the Subdivi- filing of complete application materials for dis- sion Map Act. cretionary approvals associated with reasonably Man Luis Obispo 746) 402 , U s '�'S rnQvs -3-2(0 tl c re9s 16.34.050-16.34.070 foreseeable development within the vesting map B. Notwithstanding subsection A of this sec- boundary.(Ord. 1055 § 1 (part), 1986) tion, a permit, aprpoval. extension or entitle- ment may be made conditional or denied if any 1634.050 Fees. of the following are determined: A. On filing a vesting tentative map, the sub- 1. A failure to do so would place the residents divider shall pay the application fees required by of the subdivision or the immediate community, council resolution. or both,in a condition dangerous to their health B. At the time ofdevelopment,the subdivider or safety, or both. shall pay permit fees and other development fees 2. The condition or denial is required, in in accordance with fee schedules then in effect. order to comply with state or federal law. Except as provided in Section 16.34.070B, no C. The rights referred to in this chapter shall new type of fee established after approval of the expire if a final map is not approved before the vesting map shall be applicable to development expiration of the vesting tentative map as pro- of the subdivided property.(Ord. 1055§ I (part), vided in Section 16.34.060. If the final map is 1986) approved,these rights shall last for the following periods of time: 1634.060 Expiration. 1. An initial time period of one year. Where The approval or conditional approval of a ves- several final maps are recorded on various phases ting tentative map shall expire at the end of the of a project covered by a single vesting tentative same time period, and shall be subject to the map, this initial time period shall begin for each same extensions, established by this chapter for phase when the final map for that phase is the expiration of the approval or conditional recorded. approval of tentative map.(Ord. 1055§ I(part), 2. The initial time period set forth in subsec- 1986) tion CI of this section shall be automatically extended by any time used for processing a com- Article III. Development Rights plete application for a grading permit or for design or architectural review, if such processing 1634.070 Vesting on approval of vesting exceeds thirty days from the date a complete tentative map. application for the permit or review is filed. A. The approval or conditional approval of a 3. A subdivider may apply for a one-year vesting tentative map shall confer a vested right extension at any time before the initial time to proceed with development in substantial com- period set forth in subsection C 1 of this section pliance with the ordinances, policies and stan- expires.The time extension request shall be con- dards described in Government Code Section sidered at a public hearing conducted by the 66474.2. This will normally mean ordinances, community development director or council. etc. in effect on the date the map application is whichever approved the final map.Notice forthe certified completed by the director. hearing shall be as specified in Section 16.16.110. However, if Government Code Section If a time extension request is denied by the 66474.2 is repealed,the approval or conditional community development director, the sub- approval of vesting tentative map shall confer a divider may appeal the denial to the council vested right to proceed with development in sub- within fifteen days. The council shall conduct a stantial compliance with the ordinances.policies public hearing to consider the appeal, and shall and standards in effect at the time.the vesting provide notice as specified in Section 16.16.110. tentative map is approved or conditionally 4. If the subdivision submits a complete approved, application fora building permit during the peri- ods of time specified in subsections CI through 402-1 fSen Luis owspo 7-561 3-23 16.34.080-16.34.090 C3 of this section, the rights referred to in this Chapter 16.36 chapter shall continue until the expiration ofthat permit, or any extension of that permit. (Ord. UBDIVISION DESIGN AND 1055 § I (part). 1986) IMPROVEMENTS 1634.080 Development inconsistent with Sections. zoning—Conditional approval. . A. Whenever a subdivider files a vesting ten- Ard I. General Considerations tative map for a subdivision whose intended 1636.010 General considerations. development is inconsistent with the zoning ordinance in existence at that time.that inconsis- icle II. Streets tency shall be noted on the map. The city may 1636.020 G eral requirements. deny such a vesting tentative map or approve it 1636.030 Alt to parking. conditioned on the subdivider, or his or her 1636.040 Alte to sidewalks and bicycle designee, obtaining the necessary change in the lanes. zoning ordinance to eliminate the inconsistency. 1636.050 Separat lanes on hillsides. If the change in the zoning ordinance is obtained. 1636.060 Intersect ns. the approved or conditionally approved vesting 1636.070 Stub stree tentative map shall, notwithstanding Section 1636.080 Street grad 16.34.070A, confer a vesting right to proceed 1636.090 Turning space. with the development in substantial compliance 1636,100 Access restrictions. with the change in the zoning ordinance and the 1636.110 Alleys. map,as approved. 1636.120 Street names. B. The rights conferred by this section shall be 1636.130 Slope easementsi for the time periods set forth in Section 16.34.070 1636.140 Street types and requirements. C. (Ord. 1055 § 1 (part). 1986) Article III. Lots 1634.090 Applications inconsistent with 1636.150 General requirements. current policies. 1636.160 Lot dimensions. Notwithstanding any provision of this chap- 1636.170 Solar orientation. ter,a property owner or his or her designee may 1636,180 Slope density reduction. seek approvals or permits for development 1636,190 Multiple frontages. which depart from the ordinances, policies and 16,36,200 Depth-width relationship. standards described in Sections 16.34.070A and 16,36,210 Lot lines. 16.34.080, and local agencies may grant these 16,36,220 Taxing district boundary. approvals or issue these permits to the extent that 16 ,230 Flag lots(deep lot subdivision). the departures are authorized under applicable law. (Ord. 1055 § I (part), 1986) Article IV. Design Criteria and Improvement Standards 1636.240 General requirement. -i-_116.36.250 Improvements. Article V. 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Nm m $ .e a-p o c Scum a mE aE Ec > > am v o g N 8 m W (� m m U p L > b L 0 m W U C O Q c m m _ = O r .2.n V t� a5E 0 m a mF3W° m Nn Em8rt� m_ mSt Ems m A 3 a_ 3E1Ocom 3- 30 fire protection BACKGROUND INFORMATION All of the primary planning area is within the existing city limits and therefore will be served by the San Luis Obispo Fire Department. Fire stations that are closest to the Edna-Islay neighborhood are Station No. 3 Non Laurel Lane, and Headquarters Station No. 1 on the corner of Garden and Pismo Streets. It takes fire trucks over four minutes to reach part of the Edna-Islay neighborhood. According to the city fire protection regulations a "r•espun:,., time" of over four minutes is considered substandard fire protection. When Tank Farm Road is extended from Highway 227 to Orcutt Road, the fire response time will improve, but there will still be some housing area-, which are irtore than four minutes from the nearest city fire station. PROPOSED FIRE SERVICE IMPROVEMENTS ThP following actions will be taken to ensure adequate fire service within the Edna-Islay Planning Area: - Monitor Fire Response Times: The City Fire Department will conduct fire response time tests as each phase of the Edna-Islay Area develops. The purpose of these tests is to identify areas that may be beyond 4 minutes response time from Fire Station #3 on Laurel Lane. -..Purchase New Equipment: Developers of the Edna-Islay area will he required to help pay for equipment which improves fire response from Fire Station U. New equipment includes: * A more powerful fire truck equipped with larger water tanks and devices which change traffic signals at key intersections. * A fast-response fire apparatus with off-road capability. * A devise which lets the fire department know when the railroad tracks are blocked by a train at Orcutt Road. - Provide On-Site Mitigation: Developers will be required to provide on-site fire mitigation where housing or commercial areas are beyond four minutes response time from Fire Station U. The type of mitigation measures provided must be approved by the City Fire Department (such as sprinkler systems, use of fire retardant materials, etc. ). EI5f exref-rO� Al - Extend Bullock Lane: Bullock Lane should be extended to connect with 7an1c—ra—rm Roa east of the railroad. There is no set schedule for this project. The city will require property owners who benefit from this project to help pay for it. - Provide Interim Emer enc Access: An all-weather emergency access road will connect TFa-s-e-T-Of the Islay Area with Orcutt Road. 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N OL ./J�n/I.�L�n n r•• ��Iil�lll�Il�llf�lll�������l���l�l�l�l�llllll I� Cl of sAn luis� oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 (805) 549-7140 August 5, 1988 MEMORANDUM To: Judy Lautner, Associate Planner From: Roger Picquet, City Attorney Subject: Vesting Tentative Map Questions To close the loop on this subject, I forward the answers to your questions given by Dan Curtin's associate, Michael Zischke: Question 1: It appears that a moratorium based on water or sewer deficiencies would affect both standards and vesting tentative maps equally. True? Answer 1: Yes, provided statutory findings set forth in Section 66498(c) (1) are made. Question 2: If we feel new fees (new types of fees) will be initiated within 12 to 24 months, that equitably should be paid by all as they affect the city's ability to provide adequate resources, can we make findings to deny a vesting tentative map? Would it be in the public interest to do so? What findings have other communities used to deny vesting maps? Are there any limitations on cities denying these maps? Answer 2: A city could not deny a final map based on the existence of new fees adopted since approval of the tentative map. A city could attach conditions on tentative maps to reflect yet-to-be adopted fees. (Should be as specific as possible; e.g. , "subdivider shall pay water conservation and development fees to be considered and adopted by the Council in [month, year] .") Question 3: Can a health or safety reason be used to prevent approval of a final map based on a vesting tentative map, if water or sewer deficiencies will prevent development of the lots (at least temporarily)? In other words, can the creation of the lots (and their transfer to others) be avoided in this situation? What might be a strategy for achieving this objective? 3-3� August 5, 1988 Page 2 Answer 3: No, not unless specific findings relating to "dangerous conditions" (see Code) . Call me if you have any questions. It was ironic to find myself pushing Curtin's office for a response (now I know how you feel sometimes) . RP:cac 3-3(� MEMORANDUM To: Judy Lautner, Planner From: Erwin L. Willis, Fire Marshal 1 Subject: Edna-Islay Development Date: July 27, 1988 The development of Tract 1360 has again brought up Fire Department requirements for the Edna- Islay area. The verbiage used in the original specific plan is somewhat vague in this area. To clear this up I would like to offer more specific wording and more up-to-date requirements on two of the project requirements. All other requirements should remain as written. CURRENT WORDING ITEM #1 Page 61 of the specific plan reads as follows: Purchase New Eauiument: Developers of the Edna-Islay area will be required to help pay for equipment which improves fire response from Fire Station #3, New equipment includes: • A more powerful fire truck equipped with larger water tanks and devices which change traffic signals at key intersections. • A fast-response fire apparatus with off-road capability. • A device which lets the fire department know when the railroad tracks are blocked by a train at Orcutt Road. UPDATE INFORMATION The cost of the larger engine and larger water tank of the "more powerful fire truck equipped with larger water tanks" has already been provided by John French. Also, the "devices which change traffic signals at key intersections" has been provided with controllers for three of the Department's six fire vehicles. The "fast-response fire apparatus with off-road capability" was to provide wildland fire protection for the area of the development that was within two blocks of the wildland interface. .This occurs mainly in the Islay section of the development. This vehicle has already been purchased by the City in anticipation of the funding coming from this development. The Cost was $60,000. The Department has determined that the blocking of Orcutt Road by a train will delay response to the Edna side (west of the railroad tracks) of the development by 45 to 60 seconds. The cost of this device is unknown at this time, but it is thought to be as high as $20,000. In lieu of providing this device, the Fire Department is willing to accept additional intersection control devices being placed at key intersections along the response route to this area. The cost of this equipment is $4,500, and the Fire Department will pay for the installation cost. The key phrase in the wording of this section that is causing difficulties at this point is "help pay". John French has been more than willing to pay the City's cost to provide the required equipment. In fact, to date all equipment has been paid for by Mr. French. Pacifica Corporation, on the other hand, has been unwilling to pay for any equipment. To help resolve this problem I would like to recommend changing future requirement to read as follows: 3-37 RECOMMENDED WORDING Developers of the Edna-Islay tract to equally share in the cost of providing a device which lets Fire Station Three know when the railroad tracks are blocked by a train at Orcutt Road, or provide $4,500 for purchase of intersection control devices to improve fire response times to this area. Developers of the Islay tract to provide $60,000 for the purchase of a fast-response fire apparatus with off-road capability. Since the City has already purchased this vehicle and we currently have a wildland interface problem in this area, I would recommend this requirement be placed on the next phase of the Islay Hill side of the development. CURRENT WORDING ITEM #2 Page 61 of the specific plan reads as follows: Provide On-Site Mitigation: Developers will be required to provide on-site fire mitigation where housing or commercial areas are beyond four minutes response time from Fire Station #3. The type of mitigation measures provided must be approved by the City Fire Department (such as sprinkler systems, use of fire retardant materials, etc.). UPDATE INFORMATION The only technology that provides adequate mitigation of the fire problem beyond the four minutes response line from Fire Station Three is fire sprinklers. Since building furnishings provide most of the fuel for fires, using fire retardant construction materials provides little or no fire protection. Additionally, the cost of residential fire sprinklers have dramatically drop in the past two years making this protection very cost effective. RECOMMENDED WORDING Developers will be required to provide on-site fire mitigation in all structures beyond four minutes response time ( response time is the time from receipt of notification of an emergency, to arrival of fire units on scene) from Fire Station #3. The mitigation measures provided shall be approved fire sprinkler systems. 3-3� Riparian Plant List San Luis Obispo County Trees: Alnus rhombifolia White Alder Betula pendula European White Birch Salix babylonica Weeping Willow Eucalyptus citriodora Lemon scented Gum I iquidambar styraciflua Liquidambar Myoporum laetum Myoposum Platanus racemosa London Plane Populus fremondi Western Cottonwood Populus nigra Lombardi poplar Umbellularia califomica California Bay Shrubs: Sambucus caerulea Blue Elderberry Calycanthus occidentalis Spice Bush Myrica californica Pacific Wax Myrtle Vaccinum ovatum Evergreen Huckleberry Groundcovers: Vinca major Periwinkle Lonicera japonica Halliana' Hall's Honeysuckle 3-3q