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HomeMy WebLinkAbout02-19-2013 ph1 amend conditions of vesting tentative tract map 2342 pradocounci ljagenba REpoat MeenngDam I February 19, 2013 1 IQem Number IPHI C I T Y O F S A N L U I S O B I S P O FROM :Derek Johnson, Community Development Directo r Prepared By :Pam Ricci, Senior Planner & Tim Bochum, Deputy Director of Public Works SUBJECT :AMEND CONDITIONS OF VESTING TENTATIVE TRACT MAP 234 2 RELATED TO PRADO ROAD (MOD/TR 134-12 ) RECOMMENDATION Adopt the attached resolution (Attachment 7), which approves certain modifications to projec t conditions, based on findings . REPORT-IN-BRIE F Vesting Tentative Tract Map (VTM) 2342 is located on the north side of Prado Road, east of Sout hHiguera Street . The VTM is located within the Western Enclave of the Margarita Area SpecificPlan (MASP) and includes a total of 67 lots consisting of 56 single-family lots, 10 lots for work-liv eunits, and the open space lot on the west side of the property that is set aside for wetlan d•replacement, biological enhancement, and stormwater detention . On March 7, 2006, the Cit y Council approved VTM 2342, as well as VTM 2353 for the adjacent property to the east . In 2011, the land that the two VTMs are located on was acquired by Reseal SLO 193 LL C("Reseal"). Reseal hired MD2 Communities, Inc . (a building company) to obtain needed Cit yapprovals, complete the final map process and get the project moving forward . Earlier this yearMangano Homes took over the construction phases of the project . After performing due diligenc eand revising the prospectus for the project the applicant/owner in initial concurrence with the Cit ystaff determined that the previous conditions of approval for the delivery of Prado Road present achallenging financial barrier to the development of the project . In essence, the high initial cost fo rPrado Road delivery (i .e . estimated at $6 .5 million under current conditions of approval) outpac e the estimated absorption rate for the project such that it makes it fmancially infeasible to "carry" th e gap between fair share and the costs to deliver the segment of Prado Road under the approved VT Mconditions. With road costs estimated at $6 .5 million under the current conditions and their fairshare requirement of $1 .6 million for tracts 2342 and 2353, there was a significant gap ($4 .9 million) which impacted the viability of the project given current economic conditions . In light of the significant costs to construct Prado Road, the applicant is requesting modifications t o VTM 2342 conditions related to Prado Road requirements and will request similar changes t o conditions for the adjacent Tract 2353 . On January 9, 2013, the Planning Commission reviewed th e requested modifications to VTM 2342 conditions and unanimously recommended approval to th e City Council (Attachment 3 – 1-9-13 follow-up letter, resolution, and minutes). As reflected i n their resolution, the Planning Commission found that circumstances warranted supporting change s to conditions to allow the project to move forward. The Commission concluded that modifie d •conditions would produce roadway improvements that would accommodate automobile trip s PHI-1 Vesting Tentative Tract Map 2342 Condition Modifications Page 2 generated by proposed development . The recommended action would only modify conditions fo r VTM 2342 and not 2353 . In addition, due to the high cost of the initial phases of Prado Road, the applicant is requesting th e City Council enter into a reimbursement and credit agreement to provide quicker credit o r reimbursement for costs that exceed their fair share . The proposed credit and reimbursement o f development impact fees is consistent with MASP policies in Chapter 9 (Public Facilitie s Financing) which anticipated the need for reimbursement agreements and specifically interfun d loans (Section 9 .6 .1 1 ) to fund the construction of the initial critical phases of public infrastructur e identified in the MASP . This item is also on tonight's Council agenda and will follow the review o f the requested condition modifications . Site Data Address Applican t Representative DISCUSSION 392 Prado Roa d Mangano Homes, Inc . Stephen Peck BP/O, Business Park/Office; R-1-SP , Low-Density Residential ; and R-2-SP , Medium-Density Residential (all wit h the Specific Plan overlay ) Business Park, Low-Densit y Residential, and Medium-Densit y Residentia l 15 acre s A Final EIR for the MASP wa s certified by the City Council o n October 12, 2004 . A subsequen t Mitigated Negative Declaration wa s approved by the Council on March 7, 2006 for VTMs #2342 & # 2353 . Prado Road Condition s The VTMs for all three properties in the Western Enclave (WE) were approved with a complex se t of conditions of approval regarding the development of Prado Road to fulfill the MASP vision o f the arterial extending between South Higuera and Broad Streets . This condition language an d triggers were agreed upon between the City and three WE property owners prior to the VTMs going to hearings . As shown in the table below, the existing condition defines different levels of stree t improvements tied to a set of development triggers of residential units (50, 100, 200, & 300) t o phase in Prado Road adjacent to the tracts as well as off site . 1 Another potential funding option would be to impose, as a condition of development, a requirement that a developer construct a required facilit y and then receive credits in the amount of the construction cost . The developer could then apply these credits against his development impact fees . Thi s approach is used frequently by public agencies when facilities are needed before development can proceed .• PH1-2 • Vesting Tentative Tract Map 2342 Condition Modifications Page 3 Unit Occupancy PRE Improvements Phasin g 1 . 2 . 3 . 4 . Occupancy of 50 unit s Occupancy of 100 unit s Occupancy of 200 unit s Occupancy of 300 units Complete full PRE improvements to "M Street" full PRECompleteconstructionplans&specs for improvements to Broad Stree t Start construction of 2 lanes to Broad Street Complete construction of 2 lanes to Broad Street The approved condition language requires that the initial segment of Prado Road (4 lanes an dappurtenances from Higuera Street to "M" Street of VTM 2353) be completed prior to th eoccupancy of the 5 0 th residential dwelling unit of the WE subdivisions . This Prado Road segment i sknown by the acronym "PRE-WE". In addition, the condition requires that the project bond for the completion of engineering plans, specifications and estimates for the Prado Road extension from M Street to Broad Street and to begin construction of those improvements prior to issuance o foccupancy permits for the 200th residential unit in the WE subdivisions and complete this segmen tprior to occupancy of the 300 th unit . These triggers were developed with the property owners to essentially phase home building i nmeasure with the construction of Prado Road . The goal was to allow the projects to generat e• revenue from home sales to offset Prado Road expenses as they occured . However, these trigger s were developed at a time when the economy was more robust and housing absorption rates 2 werehigher. The initial costs for development of Prado Road in current dollars make it financiall y infeasible under the adopted conditions for the developer to carry the gap of $4 .9 million (for bot h tracts 2342 and 2353) between their calculated fair share of the road development and actual cost sas discussed in detail below . This is particularly true given the relatively small number of home s(56) in VTM 2342 . Applicant's Request The project applicant/owner has developed a revised Prado Delivery Plan (PDP) which details wit h narrative descriptions and exhibits how Prado Road will be developed adjacent to VTM 234 2(Attachment 2). Exhibits 1 & 2 in the PDP show the planned road improvements and their phasing . Exhibit 3 shows the proposed road improvements in relationship to the road section under th eoriginal conditions of approval . In summary, the applicant's proposal is to modify VTM 2342 conditions so that this tract develops a minimum two lanes of Prado Road, including bike lanes, sidewalk, and median, to the firs troundabout at Road "A". The roadway to the roundabout would contain full improvement s including a median and frontage improvements on the north side abutting VTM 2342 . The frontag e improvements on the south side of Prado Road would be completed at a later time with the development of the adjacent approved 20–acre Business Park site . Beyond the roundabout, th e •2 Housing absorption rates were estimated to be 70 to 80 homes and 100,000 square feet of commercial/industrial per year . Current absorption rate sare estimated to be 45 homes and 30,000-60,000 square feet of commercial /industrial per year . PH1-3 Vesting Tentative Tract Map 2342 Condition Modifications Page 4 street section would be designed to transition back to the existing street improvements and then b e modified when VTM 2353 commences . VTM 2353 is estimated to commence construction unde r current absorption rates within the next 1-2 years . The proposed delivery plan breaks the PRE-WE portion of Prado Road into smaller segment s identified with letters A through F, as illustrated in the PDP (Figure 1 of Attachment 2). Segment A of Prado Road delivers the travel lanes and bike lanes according to City adopted engineerin g standards, including the development of the roundabout and the deceleration chicanes . Since the internal road systems for VTMs 2342 and 2353 are oriented both to "Serra Meadows Road" , th e north-south running internal road north of the roundabout, and to Margarita Avenue, construction o f Segment A provides sufficient initial access to those tracts . The details of Segment A improvements to Prado Road are described below . Segment A - VTM 234 2 1.Tract 2342 shall be responsible for the development of street frontage improvements including curb, gutter, sidewalk, parkway landscaping, roundabout, three 12-foot trave l lanes, a 5-foot bike lane/shoulder on the north side of Prado and a 5-foot bik e lane/shoulder on the south side of Prado . The balance of the improvements on the sout h side (pave out, curb, gutter, sidewalk, landscaping and utility extension to the site) shal l be installed by the property owners along that frontage, that is, Byron Davis and Larr y Martinelli . 2.Tract 2342 will install all storm drainage, water, sewer and dry utilities per plan along it s frontage and stub same to the south as necessary. 3.A transition shall be provided from the "Serra Meadows Road" entrance of Tract 2342 t o the existing paved road section . 4.To the extent possible, the fmal paving "lift" shall be deferred until final pave out so tha t the facility has an even and finished appearance . With the proposed modifications to conditions, Prado Road PRE-WE would not be fully complete d by VTM 2342 . A revised set of conditions for VTM 2353 will also be needed and a simila r application to the subject request is anticipated to be submitted in the next few months . The applicant has indicated that their current proposal for Prado development was the outcome o f looking at different phasing approaches to install most of the WE portion of Prado Road concurren t with the development of VTM 2342, and to a lesser extent VTM 2353 . The PDP ties these cost s more directly to the proportionate share of impact (and fee requirements) of each phase of the tracts . Staff's Analysi s Staff supports the proposed modification to VTM 2342 conditions to allow development to mov e forward and be a catalyst for investment in infrastructure in this area . The approved conditions o f approval for the Prado Road improvements connected to VTM 2342 are fmancially infeasibl e without substantial assistance from the City in terms of fee credits . In fact, available fee credit s would not close the gap between project costs and fair share and the developer would have to cove r PH1-4 • • • Vesting Tentative Tract Map 2342 Condition Modifications Page 5 approximately $3 .3 million3 in Prado Road costs until another parcel in the MASP builds out . The large gap ($4 .9 million) between the project's initial construction costs and the approve d conditions and its fair share of improvements can be closed with the proposed modifications t o make the project financially feasible with the proposed reimbursement agreement and crediting o f MASP park fees (public hearing item #2 will discuss the reimbursement agreement in detail .) In essence, under the current conditions the property owners are acting as bank for improvements i n excess of their fair share . Under the current conditions, the City would need to significantl y "borrow" from other impact fee funds including sewer and water to fund the necessar y reimbursement/credit . Citywide, sewer and water funds are not available as they are neede d immediately to finance previously funded improvements or others in the near future . Whil e requiring developers to install improvements beyond their fair share and wait for reimbursemen t from future development is a standard City practice and consistent with State Law, in this case, th e gap between fair share and required improvements was financially burdensome . Staff concurs tha t the alternate delivery plan is financially feasible, technically sound, fair, and minimizes the use o f other impact fees to finance the Prado Road improvements . Current lending restrictions make it difficult for projects to finance public infrastructure costs tha t are in excess of their fair share and wait for a reimbursement from future development . Additionally the revised conditions of approval for Prado Road construction are more in proportio n with typical City requirements for frontage improvements appropriate for a project with 56 single - family homes and a modest amount of business park/office square footage . •The applicant's proposal to construct a reduced section of Prado Road as part of Tract 234 2 improvements, and modify the requirement will provide adequate street improvements for th e projected vehicle trips and not preclude remaining Prado Road improvements to be developed i n coordination with future projects . Maintaining the requirement that the PRE-WE be completed prio rto the 50 `h dwelling unit of VTM 2342 is infeasible at this time for the project developer given it s scope without a significant interfund loan to immediately repay costs in excess of fair share . Given the uncertainty of market conditions, lending restrictions, and unavailability of other developmen t impact fees, the request to modify conditions as proposed is supported by staff. The modification s to conditions for VTM 2342 modify the roadway trigger requirements . Modified Condition No . 1 .d. includes a threshold that the construction of Segment A of the PRE-WE portion of Prado b e completed prior to occupancy of the 31st unit within Tract 2342 or within twelve (12) months o f issuance of the first building permit (except for model homes), whichever occurs first . The primary component of the applicant's proposal that differs from typical City subdivisio n requirements is that the proposed street and frontage improvements do not extend across the entir e tract frontage of Prado Road . Furthermore, the opposite side of the road will look like it does toda y until such time as the parcels across the street build out . This change can be supported since th e applicant is also the owner of the adjacent property to the east and the extension of thes e improvements will take place as Tract 2353 is improved . The current VTM 2353 condition language requires completion of the PRE-WE improvements and this would include the remainin g 3 Assuming that all MASP Park andTransportation Fees and Citywide Transportation Impact Fees were available fo r•credit or reimbursement . The gap between the applicants fair share MASP Transporation Impact Fees and the costs to construct roa dimprovements beyond 50 units . PH1-5 Vesting Tentative Tract Map 2342 Condition Modifications Page 6 Tract 2342 frontage . As mentioned earlier, the applicant will also be pursuing modifications t o conditions of approval for VTM 2353 in 2013 and requirements will be further fine-tuned . Full Prado Developmen t The proposed revisions to the language of conditions for Tract 2342, including the previou s development thresholds, will not preclude the ultimate development of Prado Road . The change s essentially break down the delivery of Prado Road into smaller segments that bear a greate r proportion to the actual traffic impacts . The entire Prado Road will be fully built as envisioned, bu t will be done in seven phases, rather than the three specified in the existing conditions . As discussed above in detail, without the proposed condition change, Prado Road improvements and th e associated development would not likely move forward in the near future and would be delaye d much longer than with revised condition language . Based upon trip generation forecasts of the MASP, VTM 2342 would generate approximately 66 4 average daily trips (ADT) and 70 PM trips . Taking into account a marginal mark up for actua l conditions, project trip generation would be lower than existing thresholds which would requir e Prado Road to be extended to the east or improved to four lanes . Therefore, the proposed conditio n language and improvements will adequately serve VTM 2342 . The longer term segments of Prado Road between Tract 2342 and Broad Street will likely includ e improvements along Prado Road to M Street in the Western Enclave . As outlined in the PDP, thes e improvements are anticipated to be a modified version of the original street design . Therefore , additional coordination between the City and applicant will be necessary to develop appropriat e conditions and design details to assure that new improvements are integrated with existin g improvements on the south side of Prado Road . It is also anticipated that the bonding an d completion of the plans, specifications, and estimates for the segment of Prado Road between M Street and Broad will be deferred as part of the proposed VTM 2353 revised condition language tha t the applicant proposes . The modified approach to delivering Prado Road has been discussed with MASP property owner s with the Rescal LLC . team and by the Community Development Department . There is genera l consensus that the modified approach will help advance development in this area and better scal e costs to impacts . Conclusion It is encouraging that the builder intends to move forward with the project that fulfills multiple Cit y goals including housing, economic development, and the start of construction for a significan t transportation facility (i .e . Prado Road), consistent with the General Plan, MASP,and Economic Development Strategic Plan . Staff has developed a professional relationship that has focused o n creatively looking at modifying the conditions with the applicant team to build housing an d construct public improvements . The proposed modifications to VTM conditions are bein g recommended by the Planning Commission and will help advance the overall project and the goal s of the MASP . PH1-6 • • •Vesting Tentative Tract Map 2342Condition Modifications Page7 CONCURRENCE S The responses to the applicant's requests have been reviewed with the other departments and reflec t a unified City position. FISCAL &ECONOMIC IMPAC T The requested modifications to project conditions and related Prado Road Delivery Plan hav e economic implications to the developer, adjacent property owners and the City . Therefore, the Cit y hired Goodwin Consulting Group to prepare an impact fee reimbursement analysis related to Prad o Road extension costs, an economic impact analysis, and a fiscal impact analysis associated with th e Rescal parcels and the Margarita Area Specific Plan (MASP) area in total . These analyses provide d the basis for the Reimbursement Agreement which is a companion item to the condition modifications evaluated in this report . Fiscal Impact Analysi s This analysis evaluated the recurring fiscal impacts of the entire MASP building out . The conclusions of this analysis are that the additional development in the MASP is expected to generat e a slight annual surplus of approximately $125,000 to the City at full buildout . The fiscal impacts of the MASP are estimated over a 15-year development period and may vary depending on the type s of development completed and the types of services required at any given point in time . •The estimated annual surplus at MASP buildout uses current (fiscal year 2011-12) revenue an d expense multipliers . If City expenses increase at a rate that exceeds the proportional rate of revenu e growth, the projected surplus will only materialize with reductions to service costs or an actua l reduction in services . Economic Impact Analysi s Goodwin also summarizes the economic impacts of the buildout of the MASP area on the City's private sector economy . During construction, anticipated to transpire over a 15-year period, a n average of 472 new jobs per year will be needed and $726 million in direct impacts on industr y output in the City. Over a period of approximately 15 years to complete, construction-relate d impacts will amount to 1% of the City economy on an annual basis . After construction, all of the businesses operating in the City, including new businesses in th e MASP, will generate 4,530 jobs and will produce $537 million in economic activity, which i s approximately 8% of the current level of economic activity in the City . ALTERNATIVE S 1.The Council may deny any of the requested modifications to prior conditions of approval whic h would leave the condition language as originally approved . 2.The Council may continue review of the project, if more information is needed . Directio n should be given to staff and the applicant . PH1-7 SVestingTentativeTract Map 2342 Condition Modifications Page 8 ATTACHMENT S 1.Vicinity Map 2.Prado Delivery Plan & exhibit s 3.Resolution No . PC-5580-13 approving modifications to conditions of VTM 2342 & Draft 1-9-13 Planning_Commission minute s 4.City Council Resolution No . 9776 (2006 Series) approving Vesting Tentative Tract Map No . 234 2 5.Lc tter of support from John King dated November 27, 201 2 6.Track-chan •es version of modified ro'ectcondition s 7.Draft City Council Resolutio n AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E Goodwin Report – Reimbursement, Fiscal, and Economic Analysi s Colored copies of exhibits included in the Prado Delivery Pla n a¢.1 .3!:fi :.5t R..4 't~ N sfra 3 r .:rn)..v----arts12013l20 02-iU itahonp con~,hms trail 2342 2 prado Uonnsonbochuhum)W motl 13412 caudal agenda report(' • • PH1-8 •S PAttachment 1 \ r-rul R-2-S P VICINITY MAP 392 MOD/TR 134-12 RHt-9 A392 PRADO Attachment 2 Prado Delivery Pla n And Amended Conditions of Approval for VTTM 234 2 Revised January 3,201 3 The Western Enclave portion of Prado Road has been designed and approved as a part o f the entitlement process for Tracts 2342 and 2353 . Phasing options were analyzed to install mos t or the entire Western Enclave (WE) portion of Prado Road concurrent with the development o f Tract 2342, and to a lesser extent Tract 2353 . Those approaches were determined to be infeasi - ble because it required the property owner of those tracts to finance millions of dollars of im- provements in excess of their fair share of the improvements (as calculated by the Goodwin Re - port), for the City to "borrow" from other impact fee funds to fund necessary reimbursement, an d because the extent of the improvements is not necessary to deliver adequate roadway capacity . An alternate delivery plan has been developed that is believed to be feasible, technically sound , fair, and minimizes the advancement of citywide traffic and MASP park funds to finance the im - provements . This alternate delivery plan has informed the revised conditions of approval fo r Tracts 2353 and 2342 . The Deliver Plan is based on the following basic assumptions and constraints : 1.Two-lane capacity of Prado Rd is 15,000 ADT per the Margarita Area Specific Plan . 2.Four-lane capacity of Prado Rd is 30,000 ADT per the MASP . 3.Cumulative Trip Gen from 2353/2342 is approximately 2,000 ADT . 4.Cumulative Trip Gen from WE Properties (both residential and BP) is approximatel y 9,500 ADT . 5.Existing volume on Prado Rd is near the Western Enclave is approximately 100 AD T 6.Tracts 2342 and 2353 will likely be the first residential development ; both the King an d Damon-Garcia properties are dependent on completion of the Western Enclave (WE ) portion of the roadway . 7.Davis and L Martinelli may develop BP projects in the near future, as demand warrants . Based on the existing level of entitlements, this may, practically, occur in 3-5 years . 8.There is existing right of way, or irrevocable offers of dedication that the City may exer- cise sufficient to provide approximately 79' of road improvements (95' of right of wa y less 16' of sidewalk and parkway landscaping), but insufficient to construct the rounda- bout. An additional 60 feet of right of way south of the roundabout is needed from Davi s and L Martinelli to complete the roundabout . 9.MASP provides that : Prado Road Delivery Plan & Tract 2342 COA Page 1 of 9 Revised 1/03/2013 PH1-10 • • Attachment 2 • a . Building Prado Road between Broad Street and Higuera Street at the earliest pos - sible stage of development is a goal of the Specific Plan . b.Multiple property ownership may hinder this and phased implementation of Prad o Road is necessary. c.At a minimum, Prado Road will be built concurrently with development of th e Margarita Area . d.The respective properties would dedicate all right-of-way for the road in fee an d also dedicate access control at the time of development . e.If off-site right of way is unable to be acquired, the Western Enclave developer s will need to construct a minimum of the northern half of Prado Road — two lane s of roadway, one bike path, and one sidewalk with street lighting and furnitur e within right-of-way available at the time of construction . f.The majority of PRE-WE has been designed and approved . A feasible implemen- tation plan is needed to implement that design . g .The General Plan requires that development pay its own way . Prado Road Delivery Plan : • The current approved delivery plan is integrated into the conditions for approval for th e King, DeBlauw and Cowan subdivision maps . This delivery plan is based on dwelling unit trig- gers to complete Prado Road . These triggers have been built into the conditions of approval fo r these tract maps . The mutually agreed upon triggers have proven to be impractical, unrelated t o the phasing restrictions posed by the respective properties, and somewhat unrelated to the actual traffic impact generated by each property . It is also recognized that two travel lanes on Prad o Road are adequate to handle the business park (BP) and residential properties in the WE and th e triggers do not represent thresholds to ensure adequate traffic capacity for development . Never- theless, it is a priority of the property owners and the Margarita Area Specific Plan (MASP) tha t Prado is developed in a timely manner . An alternate delivery plan is needed to fairly allocate the development obligations to b e more closely associated with each properties' calculated fair share of the improvements and on - site MASP traffic fee generation, to minimize any City financing through the usage of Citywid e traffic and park fees to finance the development, to ensure installation of key backbone under - ground and surface improvements that are difficult to phase, to defer development of non - essential (frontage pave out, curb, gutter, sidewalks, parkway landscaping) improvements to th e time of development of individual properties ; and, to not burden any one property too severely with the obligation for development so that the responsibilities are fairly allocated according t o traffic impacts and onsite fee generation . • Prado Road Delivery Plan & Tract 2342 COA Page 2 of 9 Revised 1/03/2013 PH1-11 Attachment 2 The delivery of Prado Road is complicated by the nature of the roundabout design . It i s not possible to phase these improvements or divide them between northside and southside prop - erty owners, resulting in a construction obligation for early developers that are disproportionat e to each property's fair share of the improvements . The proposed delivery plan breaks the PRE-WE IA and 1B portions of Prado Road in t o smaller segments identified with letters A through F, as illustrated on Figure 1, attached . Seg - ment A of Prado Road delivers the travel lanes and bike lanes according to Public Works De- partment's specifications, including the development of the roundabout and the deceleration chi - canes . Since the internal road systems for 2342 and 2353 are oriented both to "Serra Meadow s Road" (also called Hartley Road)" at the roundabout, and to Margarita Road, construction o f Segment A provides sufficient access to those Tract 2342 and early phases of Tract 2353 . Sec- ondary access points to Prado are also provided in Tract 2353, but are not needed for adequat e circulation and emergency access . Each of the segments is described below, along with an iden- tification of the party responsible for construction . The estimated cost of construction is als o shown along with the "fair share" of improvements as calculated by the Goodwin Report, and th e onsite MASP traffic impact fees . SegmentA—234 2 a.Tract 2342 shall be responsible for the development of street frontage improvements includ- ing curb, gutter, sidewalk, parkway landscaping, two 12-foot travel lanes, a 5-foot bik e lane/shoulder on the north side of Prado and a 5-foot bike lane/shoulder on the south side o f Prado . The balance of the improvements on the south side (pave out, curb, gutter, sidewalk , landscaping and utility extension to the site) shall be installed by the property owners alon g that frontage, that is, Davis and L Martinelli . b.Tract 2342 will install all storm drainage, water, sewer and dry utilities per plan along it s frontage and stub same to the south as necessary . c.A transition shall be provided from the "Serra Meadows Road" entrance of 2342 to the exist- ing paved road section . d.To the extent possible, the final paving "lift" shall be deferred until final pave out so that th e facility has an even and finished appearance . e.There shall be no limitation on buildout for 2342 ; that is, the 50-unit limitation shall be re - moved . f.Total cost of Segment A is estimated to be $2,241,007, including reimburseables . The allo- cated Fair Share of improvements for Tract 2342 is $721,200 with MASP traffic fees o f $898,400 . g.This plan is subject to dedication of right of way from Davis and L Martinelli .. If the prop- erties are not dedicated as requested, the City will consider use its power of eminent domai n Prado Road Delivery Plan & Tract 2342 COA Page 3 of 9 Revised 1/03/2013 • • • PH1-12 Attachment 2 to acquire the properties ; otherwise, the half street option, as approved by the Director o f Public Works shall be used . h . Segment A shall be completed as early as possible in the construction of Tract 2342 and shal l be completed no later than issuance of occupancy permit of the 3 1 st dwelling unit in TR 234 2 or twelve (12) months after issuance of the first non-model home building permit . Segment D—2353 (Subdivision Improvement Phase 1 1 a . Development of 2353 shall be broken down into two subdivision improvement ("develop- ment phases") phases and four Department of Real Estate (DRE) housing production phase s as shown on Figure 2, attached . Concurrent with Subdivision Improvement Phase 1 fo r 2353, Segment D will be developed . This will provide a third access point to the tracts . Total cost of the improvements is estimated to be $360,500 with Phase I's allocated fai r share of $413,660 and onsite MASP traffic fees of $607 .921 . Segment E—2353 (Subdivision Improvement Phase2 ) a .Concurrent with Subdivision Improvement Phase 2 for 2353, Segment E will be developed . This will provide a four access point to the tracts, pave-out of the Prado, and all necessar y utilities north of the Prado Road centerline to serve Tract 2353 . • b .Total cost of the improvements is estimated to be $725,000 with Phase 2's allocated fai r share of $485,676 and onsite MASP traffic fees of $1,013,761 . Segment B—Davi s a.This segment includes the remaining improvements along the frontage of the Davis property . Remaining work would include the 2-3 feet of pave out, curb, gutter, sidewalk, parkway stri p and utility extensions on the south side of Prado Road . b.The Davis property's allocated fair share is $2,345,300, and has onsite MASP traffic fees to- taling $2,891,200 . Total costs are estimated to be $225,000 . Onsite fees are more than ade- quate cover Prado cost obligations . Segment C—L . Martinelli a.This segment includes the remaining improvements along the frontage of the L Martinell i property around the bulbout and a half street for the remainder of the frontage . Remaining work would include the 2-30 feet of pave out, curb, gutter, sidewalk, parkway strip and utili- ty extensions from the mainlines previously extended from the north side of the street as Par t of Segment A improvements . b.The allocated fair share for the L Martinelli property is $2,931,600 . It has onsite MASP traf- fic fees total $3,614,000 . Total costs are estimated to be $500,000 . Onsite fees are mor e than adequate to cover Prado cost obligations . Prado Road Delivery Plan & Tract 2342 COA Page 4 of 9 Revised 1/03/2013 PH 1-13 Attachment 2 SegmentsF—A .Martinelli • a.This segment includes the half street remaining improvements along the frontage of the A Martinelli property . Completion of this work at one time is necessary to ensure prope r grades and transitions . Subject to available right of way, these improvements will be com- pleted by the King Subdivision (Tract 2428, Damon Garcia Subdivision or the A . Martinell i property redevelopment, whichever occurs first. b.The allocated fair share for the A Martinelli property is $1,465,800, and it has onsite MAS P traffic fees total $1,807,000 . The total cost of Segment F is estimated to be $651,549 . Onsite fees are more than adequate cover Prado cost obligations . Segment G—Damon Garci a a.This segment includes the entire portion of Prado from the easterly boundary of the L Marti- nelli and Tract 2353 to Broad, normally referred to as the "M to Broad" or "MB" segment . The property owner controls or owns both side of the street and can install has phasing re - quires . It is not known whether this phasing will be west of east, east to west, or from the in - side out by a connection to the extension of Santa Fe through the Chevron property . b.The allocated fair share of the Prado improvements for the Damon Garcia property i s $11,318,452 according to the Goodwin Report . Onsite MASP traffic fees total $14,004,500 . Total costs are estimated to be $16,806,400 . Although onsite fees are $2 .8 million less tha n Prado cost obligations, fees from development of WE residential and BP properties that will • likely occur prior to the development of Damon Garcia and provide a $7 .8 million . MASP traffic impact fee surplus, more than adequate to cover the shortfall . Prado Road Delivery Plan & Tract 2342 COA Page 5 of 9 • Revised 1/03/2013 PH1-14 S S S Segment Cost Allocation Segment Responsibility Cost of Improvements Allocate d Fair Share Over/(Under) Fair Share MASP Traffi c Fees Potential Tota l (MASP Park an d Traffic, Citywid e Traffic) Fe e Reimbursements MASP Traffic Fe e Balanc e (short)/ove r A Tract 2342 56 $2,212,565 $721,176 $1,491,389 $898,406 $1,598,030 $(1,314,159) B Davis $225,000 $2,345,312 $(2,120,312)$2,891,200 $3,708,800 $2,666,200 C D L Martinelli Tract 2353, Phase 1 55 $500,000 $360,500 $2,931,600 $418,660 $(2,431,600) $(58,160) $3,614,000 $607,921 $4,636,00 0 $1,122,275 $3,114,000 $247,42 1 E Tract 2353, Phase 2 66 $725,000 $485,676 $239,324 $1,013,761 $1,346,730 $288,76 1 F A Martinelli $651,549 $1,465,800 $(814,251)$1,807,000 $2,318,000 $1,155,45 1 H G King m Damon Garcia $16,806,387 $1,403,532 $11,318,452 $(1,403,532) $5,487,935 $1,764,49 1 $14,004,481 $...3149020 $20,909,196 $1,764,49 1 $(2,801,906 ) Total $21,481,000 $21,481,072 ($72)$ 26,601,260 $38,788,051 $5,120,260 Resmark Total 177 $3,298,065 $1,625,512 $1,672,553 $2,520,088 $4,067,035 Note :Costs shown in the above table are estimates only and are subject to change as final subdivision and development statistic s change, or project costs change . Attachment 2 Figure 1 Prado Road Segment s fi+uWrnwrwaw o ®tom$':,Wu NOISN31X3 GV024 OQVLid • • Prado Road Delivery Plan & Tract 2342 CO A Revised 1/03/2013 Page 7 of 9 PH 1-16 Attachment 2 Figure 2 Tract 2342 and Tract 2353 Phasin g • Prado Road Delivery Plan & Tract 2342 COA Revised 1/03/201 3 • Page 8of 9 PH1-17 • • • • Attachment 2 Figure 3 Prado Road Segment A r —g 0 Prado Road Delivery Plan & Tract 2342 COA Page 9 of 9 Revised 1/03/2013 • • • • • Attachment 3 City of san tins osisp o Community Development Department • 919 Palm Street, San Luis Obispo, CA 93401-321 8 January 11, 201 3 Mangano Homes, Inc . 735 Tank Farm Road, Suite 24 0 San Luis Obispo, CA 9340 1 SUBJECT : MOD/TR 134-12 : 392 Prado Road Review a request to amend the conditions of Vesting Tentative Trac t2342 Gentlemen : The Planning Commission, at its meeting of January 9, 2013, recommended that the Cit y Council approve the requested modifications to conditions of Vesting Tentative Tract Ma p 2342 Originally approved through City Council Resolution No . 9776 (2006 Series), base d on findings and subject to conditions noted in the attached resolution . The action of the Planning Commission is a recommendation to the City Council and , therefore, is not final . This matter has been tentatively scheduled for public hearin gbefore the City Council on February 19, 2013 . This date, however, should be verified wit h the City Clerk's office at (805) 781-7102 . If you have any questions, please contact Pam Ricci at (805) 781-7168 . Sincerely , Doug Davidson, AIC P Deputy Director of Community Developmen t Development Revie w Attachment : Resolution No . PC-5580-1 3 cc :SLO County Assessor's Offic e Stephen Peck RESCAL SLO 193 LL C 1005 North Demaree Attn .: Roberet N . Goodma n Visalia, CA 93291 10880 Wilshire Blvd ., Suite 142 0 Los Angeles, CA 9002 4 The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities .PH 1-1 9Telecommunications Device for the Deaf (805) 781-7410 . Attachment 3 RESOLUTION NO . PC-5580-1 3 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N RECOMMENDING APPROVAL TO THE CITY COUNCIL OF MODIFICATIONS TO CONDITIONS OF APPROVAL FOR VESTIN G TENTATIVE TRACT MAP 234 2 (MOD/TR 134-12 ; 392 PRADO ROAD ) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, o n January 9, 2013, for the purpose of considering Application MOD/TR 134-12, a request t o amend conditions of Vesting Tentative Tract Maps 2342 for an approximately 15-acre sit e located on the north side of Prado Road, east of South Higuera Street ; and WHEREAS, notices of said public hearings were made at the time and in the manne r required by law; an d WHEREAS, the City Council approved a Mitigated Negative Declaration (MND) o f environmental impact on March 7, 2006, for the approved VTMs #2342 that adequatel y evaluated the potential environmental impacts of the project ; and WHEREAS, the Planning Commission has duly considered all evidence, including th e testimony of the applicant, interested parties, and the evaluation and recommendations by th e Planning Commission and staff presented at said hearing in evaluating the merit of the propose d condition modifications and their consistency with the original goals to complete th e improvements called for in the Margarita Area Specific Plan . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City o f San Luis Obispo as follows : Section 1 .Findings .The following findings are hereby made by the Plannin g Commission in support of the request to amend conditions of Vesting Tentative Tract Map s 2342 . 1.The proposed condition modifications are reasonably necessary to allow for th e construction of Prado Road improvements to serve the first phase of Western Enclav e Development in the Margarita Area Specific Plan given financing considerations an d projected traffic levels . 2.On March 7, 2006, the City Council adopted a Mitigated Negative Declaration whic h adequately addresses the potential significant environmental impacts of the propose d project and incorporated certain mitigation measures into the project . The proposed modifications to conditions do not conflict with approved mitigation measures . 3.Projected traffic levels for Tract 2342 can be accommodated by the planned street facilitie s that will be constructed per the applicant's Prado Delivery Plan that accompanied the subject request for condition modifications . Estimated project trip generation of 66 4 average daily trips (ADT) and 70 PM trips based upon traffic model numbers would b e PH1-20 • Attachment 3 Resolution No .PC-5580-1 s Page 2 lower than existing thresholds which would require Prado Road to be extended to the eas t or improved to four lanes . Therefore, the proposed condition language and improvement s will adequately serve VTM 2342 . Section 2 .Action.The Planning Commission hereby recommends approval to the Cit y Council of the requested modifications to conditions of Vesting Tentative Tract Map 234 2 originally approved through City Council Resolution No .9776 (2006 Series), as follows : 1 . Condition No . 1 of City Council Resolution No .9776 shall be replaced with the followin g language : Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall presen t a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for th e improvement of Prado Road between its eastern terminus at the current City boundary an d Broad Street . For the purposes of this condition, the Prado Road Extension (PRE) shall b e referenced in two segments . The first segment shall be the new roadway from the presen t easterly terminus (City boundary) of Prado Road extending easterly to the intersection o f proposed "M" Street on Tract 2353 .This first segment shall be referred to as the "Prado Roa d Extension - Western Enclave" segment (PRE-WE). The second segment shall be from th e Prado Road/"M" Street intersection on Tract 2353,easterly, to Broad Street . This second segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segmen t (PRE-MB). For establishing conditions of approval, construction and phasing purposes, th e PRE-WE portion of Prado shall be divided into six segments as illustrated on Figure 1, labele d Segments A through F . At a minimum, the Plan shall address the following milestones fo r right-of-way acquisition, design, and construction: a.At the time of submittal of any plans for final map and/or improvement plan checking, th e subdivider shall submit schematic construction drawings and specifications for the ful l width improvement of the "Prado Road Extension - Western Enclave" segment (PRE - WE). b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works . c.Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road. The subdivider shall exhaust all avenues available t o acquire said public right-of-way dedication for each segment of Prado Road as it i s required in these conditions of approval . In the event the subdivider is unable to acquire the right of way for Segment A by February 1,2013,the subdivider may ask that the Cit y Council consider utilizing its powers of condemnation to acquire the off-site right-of-way , including any necessary slope and drainage easements, or allow a modified constructio n improvement of Segments A and B as outlined below . 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). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Work s Director . PH1-21 Attachment 3 Resolution No . PC-5580-1 i Page 3 d.The subdivider shall complete construction of Segment A of the PRE-WE portion of Prado prior to occupancy of the 31st unit within Tract 2342 or within twelve (12) month s of issuance of the first building permit (except for model homes), whichever occurs first. These improvements shall consist of street frontage improvements including curb, gutter , sidewalk, parkway landscaping, median and roundabout, two 12-foot travel lanes, a 5-foo t bike lane/shoulder on the north side of Prado and a 5-foot bike lane/shoulder on the sout h side of Prado . The improvements will also include all storm drainage, water, sewer, an d dry utilities per plan along its frontage and stub same to the south side of Prado Road a s necessary . A transition shall be provided from the "Road A" entrance of Tract 2342 to th e existing paved road section . The subdivider is responsible for construction of thes e improvements and striping to the satisfaction of the Public Works D irector. If right-of-way is not available at the time of approval of the fmal map, and the City i s unwilling to use its power of eminent domain to acquire the necessary right of way fo r Segment A completion, the subdivider shall submit revised construction plans to the Cit y to complete partial improvements of Segment A subject to approval of the Public Work s Director . These improvements shall consist of street frontage improvements primarily o n the north side of Prado Road including curb, gutter, sidewalk, parkway landscaping, tw o 12-foot travel lanes, a 5-foot bike lane/shoulder on the north side of Prado and a 5-foo t bike lane/shoulder on the south side of Prado . The improvements will also include al l storm drainage, water, sewer, and dry utilities per plan along its frontage and stub same t o the south side of Prado Road . A transition shall be provided from the "Road A" entranc e of Tract 2342 to the existing paved road section of Prado Road . e.As a part of the submittal of the plan for improvements to Prado Road, the subdivider shal l submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering, and construction of Prado Road in its entirety, as establishe d by the MASP . Subject to final approval of the City, the proposal may include fee credit s and/or other appropriate mechanisms that may be applied against non-TIE city-wide and MASP impact fees as development occurs, to facilitate completion of the Prado Roa d extension . 2. Condition No . 6 of City Council Resolution No . 9776 shall be modified as follows : Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d after development . The subdivider shall retain a qualified traffic consultant to conduct traffi c counts throughout the subdivision at locations approved by the Public Works D irector. If traffic speeds or volumes exceed City standards during counts taken by the subdivider on e year after final occupancy of complete build-out of the subdivision or acceptance of publi c improvements whichever occurs later, the subdivider shall be responsible for installin g additional traffic calming measures to the approval of the Public Works D irector to reduce volume and speeds to comply with City standards . As an alternative to the above, prior t o final map recordation, the Western Enclave property owners may pay a one-tim e nonrefundable contribution to the City's Neighborhood Traffic Management Program in th e amount of $130,000 to fund future traffic calming efforts in and around Tract 2342 . PH 1-22 Attachment 3 Resolution No . PC-5580-1 3 Page 4 3 . Condition No . 10 of City Council Resolution No . 9776 shall be modified as follows : 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 interes t 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 propert y required for the construction of such improvements and exercise its power of eminen t domain in accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of suc h acquisition including, but not limited to, all costs associated with condemnation . Sai d agreement shall be in a form acceptable to the City Engineer and the City Attorney . I f condemnation proceedings are required, the Subdivider shall submit, in a form acceptabl e 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 Lan d Surveyor or Civil Engineer authorized to practice land surveying in the State o f 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 obtainin g 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 purchas e 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, th e Subdivider shall deposit with the City all, or a portion of, the anticipated costs, a s determined by the City Attorney, of the condemnation proceedings . The City does no t 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 b e followed. 4.Modify Condition No . 39 of City Council Resolution No . 9776 to correctly reference the wetlands mitigation site as Lot 67 . 5.Modify Condition No . 44 of City Council Resolution No . 9776 to correctly reference th e affordable housing site as Lot 108 of Tentative Tract 2353 . • • PH 1-23 Attachment 3 Resolution No . PC-5580-1 3 Page 5 6 . Modify Condition No. 52 to reflect the language approved by the Planning Commission o n September 28, 2011, through Resolution No . PC-5565-11 as follows : As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157 fee t for new single-family residential units from the centerline of Prado Road . Proposed Live/Work units may be located within the 157-foot setback from Prado Road (60 dB nois e contour) subject to compliance with all of the requirements of the Sound Level Assessmen t from David Lord of 45 dB dated 9-14-11 . On motion by Commissioner Fowler, seconded by Commissioner Singewald, and on th e following roll call vote : AYES : Commrs . Fowler, Singewald, Larson, Stevenson, Meyer, and Draz e NOES : None REFRAIN : None ABSENT : Commr . Multari The foregoing resolution was passed and adopted this 9 th day of January, 2013 . r Doug Davidson, Secretary Planning Commission PH1-24 Attachment 3 DRAFTSAN LUIS OBISP O PLANNING COMMISSION MINUTE S January 9, 201 3 CALL TO ORDER/PLEDGE OF ALLEGIANC E ROLL CALL :Commissioners John Fowler, Airlin Singewald, Charles Stevenson ,John Larson, Vice-Chairperson Eric Meyer, and Chairperson Michae lDraze Absent :Commissioner Michael Multari Staff :Deputy Community Development Director Doug Davidson, Senio rPlanner Pam Ricci, Deputy Director of Public Works Tim Bochum ,Assistant City Attorney Andrea Visveshwara, and Recording Secretar yDawn Rudde r ACCEPTANCE OF THE AGENDA :The agenda was accepted as presented . MINUTES :Minutes of November 28, 2012, were approved as presented . PUBLIC COMMENTS ON NON-AGENDA ITEMS : •There were no comments made from the public . PUBLIC HEARINGS : 1 .392 Prado Road .MOD/TR 134-12 : Review a request to amend the conditions o fVesting Tentative Tract 2342 ; C/OS-15 zone ; Mangano Homes, Inc ., applicant . (Pam Ricci) Pam Ricci, Senior Planner, and Tim Bochum, Deputy Director of Public Works ,presented the staff report, recommending adoption of a resolution which recommend sapproval of certain modifications to project conditions to the City Council, based o nfindings, and subject to conditions, which they outlined . Chairperson Draze questioned how the public will gain access to the model homes . Mr .Bochum indicated the road access will be obtained from Margarita Avenu e PUBLIC COMMENTS : Steven Peck, applicant, thanked staff, property owners, and Mangano Homes for thei rhelp on the project . He asked for approval of the project . Steve Delmartini, San Luis Obispo, encouraged the Commission to support the project .He stated the real estate industry is excited about the project . •There were no further comments made from the public . • PH1-25 Attachment 3Draft Planning Commission Minute s January 9, 201 3 Page 2 COMMISSION COMMENTS : Commr. Fowler questioned the reimbursement agreement . Mr. Bochum indicated th e reimbursement agreement is still being worked on . Commr . Fowler then asked if ther e were any bonding requirements . Mr . Bochum answered there were no future bondin grequirements. Commr . Stevenson was in support of the project . He expressed concern with th e occupancy threshold language in condition 1 D . Mr . Bochum responded that the roa d improvements should be completed well in advance of either threshold in the conditio n and thought the language as drafted worked . Vice-Chair Meyer commented that he is in support of the project and the housing that i t would supply for the community . Commr . Larson indicated he was persuaded by staffs work and communication between parties and will support the project. Chairperson Draze supported the project and agreed with the timeframe outlined i n Condition ID He expressed concern with providing access to Broad Street fo r pedestrians and bicycles and encouraged staff to continue to work with various propert y owners to achieve such access . Vice Chair Meyer concurred with Chairperson Draze's comment regarding access t o Broad Street . He also spoke of concerns for posted speed limits on Prado Roa d Commr. Singewald was in support of the project . There were no further comments made from the Commission . On motion by Commr . Fowler, seconded by Commr . Sinqewald, to approve the revise d draft resolution recommending approval of modifications to proiect conditions to the Cit yCouncil. AYES :Commrs . Fowler, Singewald, Stevenson, Larson, Meyer, and Draz e NOES :Non e RECUSED :Non e ABSENT :Commr . Multar i The motion passed on a 6 :0 vote . COMMENT AND DISCUSSION : 2 .Staff a . Doug Davidson presented the agenda forecast . The meeting on January 23 , 2013 will be cancelled . PH 1-26 • • Attachment 3 Draft Planning Commission Minute s January 9, 201 3 Page 3 Commissio n Commr. Stevenson stated that he would like to review PowerPoint presentation s from the State APA conference with the Commission to provide an overview o f some key planning topics . Chairperson Draze stated that at the lunch with the Mayor he will be bringing u p alternative transportation . ADJOURMENT :The meeting was adjourned at 7 :12 p .m . Respectfully submitted by , Dawn Rudde r Recording Secretar y • • PH1-27 Attachment 4 RESOLUTION NO . 9776 (2006 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING A VESTING TENTATIVE TRACT MAP AND MITIGATED NEGATIV E DECLARATION FOR PROPERTY LOCATED AT 392 PRADO ROA D (TRIER 63-05 ;TRACT NO. 2342) 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 January 25, 2006, and recommended approval of Application TRIER 63-05,a request to subdivide an approximately 15-acre site into 67 lots ; an d WHEREAS, the City Council of the City of San this Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 7 , 2006, for the purpose of considering Application TRIER 63-05 ; and WHEREAS, notices of said public hearings were made at the time and in the manne r required by law ; an d WHEREAS, the City Council has reviewed and considered the Mitigated Negativ e Declaration of environmental impact for the project; and WHEREAS,the City Council has duly considered all evidence, including th e recommendation of the Planning Commission, testimony of interested parties, and the evaluatio n and recommendations of staff, presented at said hearing . NOW,THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e following findings : 1.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, significan t trees), will incrementally add to the City's residential housing inventory, result in parcels tha t meet density standards, and will be consistent with the density and lot sizes established by th e Margarita Area Specific Plan . 2.The site is physically suited for the proposed type of development allowed in the R-1-SP, R - 2-SP, and O-SP zones . 3.The design of the subdivision will not conflict with easements for access through (or use o f property within) the proposed subdivision . R 9776 • • • Attachment 4 Resolution No. 9776 (2006 Series) Page 2 4.The subdivision will not have a significant adverse impact on the environment, subject to th e mitigation measures of the Final Environmental Impact Report (EIR) certified by the Cit y Council on October 12, 2004 being incorporated into the project, the mitigation monitorin g program adopted with said EIR approval being followed and mitigation measure s recommended herein. 5.A Mitigated Negative Declaration was prepared by the Community Development Departmen t on January 9, 2006. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmenta l impacts of the proposed project . SECTION 2 .Environmental Review .The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significan t environmental impacts of the proposed project, and reflects the independent judgment of the Cit y Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures : Reduction of Light and Glare 1 . In order for MASP/AASP EIR Mitigation Measure LU-7 .1 as implemented by the MAS P to be caned through to lot-specific development stage, a lighting plan that demonstrate s compliance with Community Design Section 3 .3 Lighting requirements of the MAS P shall be submitted with other required plans for both the residential and commercia l components of the project to the review and approval of the Architectural Revie w Commission (ARC). The lighting plan shall propose specific measures to limit th e amount of light trespass associated with development within the project area includin g shielding and/or directional lighting methods to ensure that spillover light does not exceed 0 .5 foot-candles at adjacent property lines . â Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and othe r 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 workin g drawings . City building inspectors will be responsible for assuring that all lighting i s installed pursuant to the approved lighting plan . Attachment 4 Resolution No . 9776 (2006 Series ) Page 3 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 th e Army Corps of Engineers . Further, in compliance with the MASPIAASP EIR, th e subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated b y the MASP for "Open Space-Riparian" for the express purposes of achieving some o f the necessary wetlands replacement mitigation area, as well as preservation of relate d biological habitat benefits. 3.Mitigationfor Impacts to Sensitive Species .None of these species are expected to b e difficult to establish . City staff will work with the project sponsors in developing th e details of the effort . Congdon Tarplant. Create compensating habitat in a suitable off-site location approve d by the City. 4.Mitigation for Impacts to Other Nesting Birds .Undertake surveys prior to initiation o f construction activities ; avoid construction activities within 100 feet of active nest sites , or within 300 feet for raptor nests, until after young have fledged . 5.Off SiteMitigationforWetland Impacts .A further component of the biologica l mitigation program is the applicant's proposal to acquire (by fee, easement, or eminen t domain) lands outside the bounds of the Western Enclave (designated by the MASP a s "Open Space-Riparian" lands). The targeted property (lying south of Prado Road an d owned by Unocal) is a low lying area that already naturally collects some area run-of f 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 tun-off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south o f Prado Road. The Western Enclave applicants propose to acquire this off-site propert y designated for open space use by the MASP and utilize it beneficially for biologica l mitigation as well as a detention basin for pre- and post-Western Enclave developmen t generated run-off . It is proposed that this basin be enhanced to accommodate th e greater project-generated and pre-project run-off flows, and to increase its habitat valu e in the long term . The basin is proposed to be held and maintained by a Master Hom e Owners Association (MHOA) established initially for the Western Enclave area, an d perhaps ultimately for the entire MASP as stipulated be done by the MASP . a . Monitoring Program : Prior to approval of the final map, the applicant shall contact th e City Natural Resource Manager for review and approval of the final lot and street • • • Attachment 4 Resolution No . 9776 (2006 Series) Page 4 design to assure that on-site natural resources are protected and preserved to the greates t extent required by the mitigation measures and consistent with requirements of th e MASP and MASP/AASP EIR . Said design shall also be consistent with approval s required subsequent to this Tentative Map from State Dept . of Fish and Game an d Army Corps of Engineers . Prior to any site preparation or construction activities, th e applicant shall also initiate and complete for approval by the City pre-constructio n surveys for nesting birds and adhere to performance standard specified in th e mitigation . Provisions for required off-site mitigation shall be coordinated with an d 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 assur e site development conforms to mitigation measures and conditions of approval . Preparation and Implementation of "Traffic Reduction Program " 6.In order for MASPJAASP EIR Mitigation Measure T-2 .1 adopted with the certificatio n of the MASP/AASP EIR in conjunction with the approval of the AASP in August, 200 5 (Ref . City Council Resolution No . 9726, 2005 Series) to be brought forward to this sit e specific project stage, a transportation demand management program that demonstrate s reduction of peak period travel by single-occupant vehicles shall be required of an y employer within the subdivision with 25 or more employees . Said program shall incorporate all reasonably feasible measures or techniques, including those listed in th e MASP/AASP EIR/General Plan Circulation, that encourage alternate modes other tha n single-occupant vehicles as the primary mode of transportation to the workplace and t o travel during non-peak times . â Monitoring Program : Each business owner, upon employment of 25 or mor e employees, shall immediately prepare and submit, obtain approval from the City Publi c Works Director and implement the provisions of a Traffic Reduction Plan whic h demonstrates reduction of peak period travel consistent with requirements of the Cit y General Plan Circulation Element Policies and Programs . City Staff shall periodicall y inspect the business to observe and assure that reduction techniques approved by the City are in place and adhered to by the business . Staff shall take any corrective o r enforcement actions authorized by law to achieve compliance . Preparation and Implementation of a "Construction-Related Hazardous Material s Management Plan" 7.As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they ar e known, site/development-specific construction activities that will involve the hazardou s materials . The plan shall be prepared before construction activities begin that involv e 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 Attachment 4 Resolution No . 9776 (2006 Series ) Page 5 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 protectiv e measures to be followed by the workers entering the work area . If the presence of hazardous materials is suspected or encountered during construction-related activities , the project proponent will cause Mitigation Measure HAZ-1 .2 to be activated . Mitigation Measure HAZ-1 .2 states : "The project proponent will complete a Phase I environmental site assessment for eac h proposed public facility (e .g. streets and buried infrastructure). If Phase I sit e assessments indicate a potential for soil and/or groundwater contamination within o r 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 soi l and/or groundwater contamination. a.Soil Contamination.For soil contamination, the Phase II site assessment wil l include soil sampling and analysis for anticipated contaminating substances . If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize an d possibly remove contaminated soil will be prepared, submitted and approved . b.Groundwater Contamination.For groundwater contamination, the Phase I I assessment may include monitoring well installation, groundwater sampling, an d analysis for anticipated contaminating substances . If groundwater contaminate d by potentially hazardous materials is expected to be extracted during dewatering , the SLOFD and the Central Coast RWQCB will be notified A contingency pla n to dispose of contaminated groundwater will be developed in agreement with th e SLOFD and Central Coast RWQCB . â Monitoring Program : The "Construction-Related Hazardous Materials Managemen t Plan" will be required to be submitted to the City Community Developmen t Department and Fire Department for review prior to commencement of any sit e preparation or construction work involving hazardous materials . No site preparation o r construction work may commence before said plan has been approved by the City . An y site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Preparation and Implementation of an "Operations-Related Hazardous Material s Management Plan " 8 . As stipulated in the MASP/AASP EIR, this would be a plan prepared by a projec t proponent identifying hazardous materials management practices as might be required • Attachment 4 Resolution No. 9776 (2006 Series) Page 6 by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present on site for any operations - related activities. This plan would identify the proper handling and disposal o f materials uses or produced onsite, such as petroleum products, concrete, and sanitar y waste . By the filing of said Plan, the City Fire Department will be on notice to provide regular and routine fire and life-safety inspections to determine compliance wit h applicable health and safety codes . â Monitoring Program : The "Operations-Related Hazardous Materials Management Plan " will be required to be submitted by a project proponent to the City Communit y Development Department and City Fire Department for review prior to th e establishment of any operations-related activities . SECTION 3 .Action.The City Council does hereby approve Application TR/ER 63-05 with incorporation of the following conditions and code requirements into the project : Conditions : Streets: 1 . Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l present a detailed schedule and delivery "Plan", to be approved by the Public Works Director , for the improvement of Prado Road between its eastern terminus at the current City boundar y and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shal l be referenced in two segments . The first segment shall be the new roadway from the presen t easterly terminus (City boundary) of Prado Road extending easterly to the intersection o f proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in th e Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the "Prado Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street . This secon d segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segmen t (PRE-MB). At a minimum, the Plan shall address the following milestones for right-of-way acquisition , design and construction : a. At the time of submittal of any plans for final map and/or improvement plan checking : The subdivider shall submit construction drawings and specifications for the full width improvement of the "Prado Road Extension - Western Enclave" segment (PRE-WE), an d shall submit schematic plans for the full width improvement of the "Prado Roa d Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvemen t plans will follow approximately 6 months after the date of the approval of the Tentative Attachment 4 Resolution No . 9776 (2006 Series ) Page 7 Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company as well a s overseeing the design. Following Tentative Map approval, the Western Enclave Propert y Owners (WEPO) and the City will establish a Stakeholder Group comprised of MAS P property owners and public utility companies, etc . to augment/expedite the conceptua l design of the PRE-MB component of the Roadway . b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works . c.Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road . The subdivider shall exhaust all avenues available t o acquire said public right-of-way dedication . In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers o f 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 t o pay all costs associated with the off-site right-of-way acquisition (including attorney an d court costs). The subdivider is responsible for construction of the necessary stree t improvements and striping, to the satisfaction of the Public Works Director .) d.Subject to the availability of necessary right-of-way, the subdivider shall complet e construction of the PRE-WE segment prior to occupancy of the 50th unit within th e subdivision . If right-of-way is not available at the time of approval of the final map, th e subdivider may submit a plan for providing interim, secondary access to the WEP O properties that is subject to approval by the Public Works Director . This secondary acces s shall be completed prior to granting of occupancy permits and may be required to b e removed at a later time when additional access is provided from adjacent properties . e.At the time of recording the final map, the subdivider shall bond for the completion of th e engineering plans and specifications, environmental review, if necessary, and associate d construction permits for the PRE-MB segment . The subdivider shall complete th e construction drawings and specifications for the PRE-MB segment on or before the 100t h unit is occupied in the Western Enclave (approx . 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-M B section of roadway has not yet been completed, the City may require that the develope r (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund an y final project costs for the construction of PRE-MB that are not contained in the Margarit a Area Specific Plan Impact Fee estimates. f.Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum : • • • Attachment 4 Resolution No. 9776 (2006 Series) Page 8 (1) initiate the construction of the northern half, or some modified section of the roadwa y subject to approval by the Director of Public Works, of the PRE-MB segment prior t o occupancy of the 200th residential unit in the Western Enclave (approx. 3 years afte r Tentative Map Approval) , and (2) complete construction of the northern half of the PRE - MB segment prior to occupancy of the 300th residential unit in the Western Enclav e (approx . 5 years after Tentative Map Approval). If right-of-way is not available at th e time of requests for occupancy, the City will determine if public acquisition of said right - of-way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Publi c Works Director . g .As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety, as establishe d by the MASP . Subject to final approval of the City, the proposal may include fee credit s and/or other appropriate mechanisms that may be applied against non-TIF city-wide an d MASP impact fees as development occurs, to facilitate completion of the Prado Roa d extension. h . A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on a n interim basis at the time of construction of PRE-WE and will remain in place until PRE- MB is completed and an additional access point is provided at an adopted MAS P location . 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 condition 1 .g. above. 3.The public improvement plans for VTI'M 2353, VTTM 2428 and VTTM 2342 shall conside r the proposed or required phasing to be completed by the combined development known a s Margarita Area Specific Plan western enclave . The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director o f Public Works to provide a reasonable transition between the subdivisions in the case that on e project is developed before another . The scope of required improvements shall be approved to the satisfaction of the Public Works Director . 4.The final subdivision design and improvements shall comply with the Margarita Are a Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standard s and Standard Plans and Specifications . 5.The final design, location, and number of traffic calming measures including bulb-outs , choke-downs, tabletops, roundabouts, neck-downs, etc . shall be reviewed and approved b y the Public Works Director . Plans submitted for review shall include a truck turning diagra m demonstrating a truck's ability to negotiate the traffic calming features . Additional or Attachment 4 Resolution No. 9776 (2006 Series) Page 9 alternative traffic control measures may be required to comply with the Specific Pla n objective to "foster traffic volumes and speeds that will be compatible with th e neighborhood." 6.Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director . If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build-out of the subdivision or acceptance of publi c improvements whichever occurs later, the subdivider shall be responsible for installin g additional traffic calming measures to the approval of the Public Works Director to reduc e volume and speeds to comply with City standards . As an alternative to the above, prior t o final map recordation, the Western Enclave property owners may pay a one-time non - refundable contribution to the City's Neighborhood Traffic Management Program in th e amount of $130,000 to fund future traffic calming efforts in the City . 7.The subdivision design shall include directional curb ramps wherever possible . The inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease th e roadway width to be crossed by a pedestrian . 8.Prior to approval of improvement plans, alternative paving materials proposed within th e public right-of-way shall be approved by the Public Works Director . Alternative pavin g materials shall be maintained by the Homeowner's Association . 9.Common areas (except Lot Z-Wetlands Replacement), landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public us e by the Master Homeowner's Association . Water meters for common landscape area s including but not limited to parkways, medians, roundabouts and pathway corridors ar e subject to water impact fees and shall be paid for by the subdivider . On & Off-Site Improvements : 10.With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s ) shall either : a.Clearly demonstrate their tight to construct the improvements by showing title or interes t in the property in a form acceptable to the City Engineer, o r b.Request in writing that the subdivider has exhausted all reasonable efforts to acquir e interest to the subject property and that the City assist in acquiring the property require d for the construction of such improvements and exercise its power of eminent domain i n accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, • • • • Resolution No. 9776 (2006 Series ) Page 10 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, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, th e following documents regarding the property to be acquired : i.Property legal description and sketch stamped and signed by a Licensed Lan d Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii.Preliminary title report including chain of title and litigation guarantee ; iii.Appraisal of the property by a City approved appraiser . In the course of obtainin g such appraisal, the property owner(s) must be given an opportunity to accompany th e appraiser during any inspection of the property or acknowledge in writing that the y knowingly waived the right to do so . iv.Copies of all written correspondence with off-site property owners including purchas e summary of formal offers and counter offers to purchase at the appraised price . v.Prior to submittal of the aforementioned documents for City Engineer approval, th e Subdivider shall deposit with the City all or a portion of the anticipated costs, a s 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 b e followed . 11 . Should the final design for the stormwater detention basin require the installation of a stonnwater pumping station in order to provide an outlet for the detention basin, the fina l pump station design shall be in accordance with Section 8 of the W WMP-DDM and th e following " a.The pump station shall be a triplex design. b.The pump station shall be designed to discharge at the 100 year pre-developed rate wit h all three pumps running, the 10 year pre-developed rate with two pumps running and th e 2 year pre-developed rate with only one pump in operation . At no time shall the pum p discharge rate exceed that of the pm-development flow rates for each of the desig n storms . Or the pump station shall consist for a variable speed drive that matches th e required discharge regime . c.The pump discharge shall be designed such that no erosion damage will occur . • Attachment 4 Resolution No . 9776 (2006 Series) Page 1 1 d . The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to . 12.The final subdivision design shall incorporate stormwater quality Best Management Practices (BMPs) with the January 2005 edition of the Engineering Standards, shall b e designed to treat the stormwater runoff from all developed surfaces excluding rooftop s but including all private and public streets, and shall be subject to the approval of the Cit y Engineer. 13.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 . Th e final geotechnical report shall address the effect, if any, of detaining stormwater in clos e proximity to the existing soil contamination . 14.The final design of the proposed off-site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) fo r San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F wit h FEMA prior to approval of any plans for ground disturbing activities ; then process th e final documents once Grading is complete . The design of any stormwater facilities shal l be in compliance with the WWMP-DDM requirement for construction within a Specia l Floodplain Management Zone ; i .e . no significant net loss of floodplain storage . 15 . ° The subdivider shall secure the rights for the regional stormwater detention basin prior t o or concurrently with the final subdivision maps . Should the subdividers be unsuccessfu l in acquiring off site property for the construction of the stormwater facilities, th e subdivider shall either : a) revise the maps to reflect appropriately sized on-site detentio n of stormwater pursuant to the City's Waterway Management Plan Drainage Desig n Manual or, b) request in writing that the City assist in securing the property followin g procedures outlined above . All costs associated with securing said rights including the eminent domain process shall be borne by the subdividers . 16.Prior to the approval of the public improvement plans the subdivider(s) shall hav e received an approved grading permit from the County of San Luis Obispo a writte n waiver for the construction of any facilities outside the City's corporate limits . Should San Luis Obispo County defer to the City for the processing of the grading permits fo r property outside the City corporate boundary, the subdivider(s) shall process the gradin g permit with the City Public Works Department concurrently with the improvements plan s and pay all fees associated said grading in accordance with the Public Works Departmen t Fee schedule for plan checking and inspection in effect at the time of permit processing. 17. Improvement plans shall show how project streets and sidewalks are connected with • Attachment 4 Resolution No . 9776 (2006 Series ) Page 12 existing improvements on Calle Malva Calle Jazmin and Prado Road to the satisfactio n of the Public Works Director . Plans shall also show how driveway access is maintaine d on adjacent lots on Calle Malva and Calle Jazmin . 18.The parking lot designs shown on the tentative map are not approved as part of th e subdivision . Final design of parking lots shall be reviewed and approved by the City's Architectural Review Commission . Final maps shall establish reciprocal access to/fro m adjacent parking lots and shall be designed to comply with City standards . 19. The public improvement plans shall show Prado Road street lights shall be located withi n the center landscaped median rather than along each side of the roadway . 20. The public improvement plans shall show the fire hydrant shown within Prado Road shal l be relocated outside of the roadway . 21.The public improvement plans shall show the landscaped roundabout proposed on Prad o Road shall be designed to comply with Caltrans Standards Design Information Bulleti n 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas . 22.The public improvement plans shall show the final design and location of the bus pullout s and transit facilities on "C" Street coordinated with Tract 2353 (DeBlauw) and approve d by the Public Works Director. Plans submitted for review shall include a bus turnin g diagram demonstrating a bus's ability to negotiate the turnout . The final design shall also include bus stop improvements and indicate how access to adjacent parcels is provided . 23.The public improvement plans shall show the private alleys are designed to accommodat e both garbage truck and emergency vehicle access, including required turnaround , structural section and geometries . The subdivider shall show the alleys within a publi c access easement on the Final Map . 24.Prior to final map approval, the proposed Class 1 pathway between "A" Street and Prad o Road shall terminate at the Prado Road Class 1 pathway and not provide a direc t connection to the Prado Road roadway . 25.A portion of the westerly half of the proposed subdivision is within the area shown on th e San Luis Obispo County FEMA FIRM panel as being subject to inundation from floo d waters due to the runoff from the 100 year storm . Since the area of inundation does no t have a base flood elevation (BFE) established, the subdivider shall establish the 100 yea r BFE, and prior to the approval of plans for any ground disturbing activities . The subdivider shall process either a CLOMR or CLOMR-F through FEMA to allow fo r construction of both residential and non-residential structures . The analysis required fo r the CLOMR/CLOMR-F shall show that the proposed finish floors of the structures are a t least one foot above the 100 year flood elevation and does not significantly reduced the • Attachment 4 Resolution No . 9776 (2006 Series) Page 13 amount of floodplain storage per the WWMP-DDM . Once construction is complete, bu t prior to final occupancy, the subdivider/developer shall finalize the CLOMR with a fina l Letter of Map Change (LOMC) through FEMA . 26. Vehicular access rights along Prado Road shall be dedicated to the City . 27.The subdivider shall install private street lighting along the private internal streets pe r City standards and off-site public street lighting along Prado Road leading to and fro m the development, as determined by the Director of Public Works . All public street lighting installed by the developer shall include the luminaires as well as all wiring an d conduit necessary to energize the light standards from PG& E's point of service . Water, Sewer & Utilities : 28.The subdivider's engineer shall submit water demand and wastewater generatio n calculations so that the City can make a determination as to the adequacy of th e supporting infrastructure. If it is discovered that an off-site deficiency exists, the owne r will be required to mitigate the deficiency as a part of the overall project . 29. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer . 30.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 th e lowest point so as to protect the pipelines from the high water flow . 31.Sewer backwater valves may be required on some lots . The subdivider's engineer shal l apply the City's criteria to the design to determine which lots will need backwater valve s on the sewer laterals, per City and UPC standards . 32.In areas where the pressure in the water system exceeds 80 psi, the service line shal l include a pressure regulator downstream of the water meter, where the water servic e enters the building . 33.The sewer and water mains shall be located approximately 2m on either side of the stree t centerline . All final grades and alignments of all public water, sewer and storm drain s (including service laterals and meters) are subject to modifications to the satisfaction o f the Public Works Director and Utilities Engineer . 34.The subdivision layout and preliminary utility plans shall include provisions for irrigatin g common areas, parks, detention basins, and other large landscape areas with recycle d water. Appropriately sized reclaimed water mains shall be designed and constructed fro m the City's trunk system to these irrigation areas . If other use areas exist beyond the • Attachment 4 Resolution No. 9776 (2006 Series ) Page 14 proposed subdivision, the mains shall be appropriately sized to provide for future us e areas and extended to the boundary of the tract . If reclaimed water is not available at th e 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 syste m in the area of the anticipated connection to the reclaimed water system. 35. The well on Lot Q shall only be used for irrigation purposes on Lot Q or otherwise shal l be properly abandoned in compliance with all applicable regulations . Grading & Drainage : 36.The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots an d truck access . The soils engineer shall supervise all grading operations and certify th e stability of the slopes prior to acceptance of the tract and/or issuance of building permits . 37.Clearing of any portion of the existing creek and drainage channels, including an y required tree removals, and any necessary erosion repairs shall be to done the satisfactio n 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 Cit y Arborist. Homeowners' Association : 38.The subdivider shall submit CC&R's with the Final Map that establishes a "Margarit a Area Master Homeowner's Association" (Master HOA). The Master HOA shall includ e the subdivider's tract, and provide for the automatic annexation of all subsequen t potential tracts within the Margarita Specific Plan area . The subsequent tracts may, a t their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfactio n how many they may form their own, independent HOA, to manage their common are a improvements. The Master HOA, and any and all subsequent HOA's not a part of th e Master HOA, shall provide for maintenance of all common area drainage channels, on - site and/or sub-regional drainage basins and conveyance improvements and the Margarit a median landscaping and trail network . The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting development s 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 . 39.The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the Lot Z designated as "Wetlands Mitigation". Maintenance responsibilities shall include maintenance of any cut or fill slopes required to make the swale and berm . Th e storm drainage system within the private streets shall be privately owned and maintained • Attachment 4 Resolution No. 9776 (2006 Series) Page 15 by the MHOA (to be included in CC& R's). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity . 40 . Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approve d 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 a master homeowners' association if none exists or annexation into a n existing MHOA, if one exists . b.No parking except in approved, designated spaces . c.No change in city-required provisions of the CC&R's without prior City Council approval . d.Provision for all of the maintenance responsibilities outlined in various condition s below. e.The subdivider shall submit common driveway agreements for those lots with share d access including maintenance provisions, to the approval of the Communit y Development Director at the time of final map approval . Paths/Open Space : 41 . 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 pat h in locations that will only be used by pedestrians only or where environmental condition s warrant a narrower path based on in-the-field consideration . 42. Final design (including materials, location, width, bridging and lighting) of pathway s shall be reviewed and approved by the Natural Resources Manager and Public Work s D irector. Air Quality : 43 . All activities associated with construction and operation for the subdivision map shal l comply at all times with all current APCD Rules and Regulations as applicable, includin g but not limited to PM-10, NOx emissions, Best Available Control Technologies , construction activity management plans, and phasing techniques . Housing Programs : • Attachment 4 Resolution No. 9776 (2006 Series ) Page 16 44.To provide the required affordable units for Tentative Tract 2342, six units shall b e constructed for low- and moderate-income households (4 moderate, 2 low income) in the R - I and/or R-2 zones . These units shall be intermixed throughout Tract 2342 . These "affordable" units shall be comparable in appearance and quality to the market-rate units . This condition shall become null and void upon the land dedication and completion o f associated access/infrastructure improvements for Lot 105 of Tentative Tract 2353 . 45. The Inclusionary Housing requirement for the BPO property shall be met prior to buildin g permit issuance . Planning Requirements: 46.Bulb outs at "T" intersections need to be added to the straight leg "crossing the "T"' an d elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transition s for the intersecting street leg. 47. Bulb-outs shall be provided at alley access points to street to provide line of sight wher e red curbing would otherwise be needed . 48.All lighting within the subdivision shall comply with the lighting standards contained in th e San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigatio n Measures listed below. 49.In order to be consistent with the requirements of the Margarita Area Specific Plan an d County Airport Land Use Plan, the property owner shall grant an avigation easement fo r the benefit and protection of the City of San Luis Obispo, the County of San Luis Obisp o and the San this Obispo County Airport via an avigation easement document prior to th e recordation of the final map . 50.In the event archaeological resources are discovered in conjunction with a constructio n project, all activities shall cease and the Community Development Department shall b e notified so that the procedures requ ired by state law may be applied . 51.New development shall implement all feasible measures to minimize the use o f conventional energy for space heating and cooling, water heating and illumination by mean s of proper design and orientation, including the provision and protection of solar exposure . 52. As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 15 7 feet for new residential uses from the centerline of Prado Road. 53.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnif y 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 • Attachment 4 Resolution No . 9776 (2006 Series ) Page 17 aside, void or annul, the approval by the City of this subdivision, and all actions relatin g thereto, including but not limited to environmental review . 54 . For interior streets (not Prado Road), a 15-foot public street yard shall be allowed fo r homes and a 20-foot street yard for garages with doors facing the public street . Code Requirements : 1.Traffic impact and water and wastewater impact fees are required to be paid as a condition of issuance of building permits . 2.The property is tributary to the Laguna Sewer Lift Station . Appropriate Lift Station Fees shall be paid prior to the final map approval . 3.Appropriate backflow prevention will be necessary on any connection to the City wate r system if the property includes an active well . 4.EPA Requirement: General Construction Activity Storm Water Permits are required fo r all storm water discharges associated with a construction activity where clearing, gradin g and excavation results in land disturbance of five or more acres . Storm water discharge s 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 b e covered by a General Construction Activity Permit, the owner(s) of land wher e construction activity occurs must submit a completed "Notice of Intent" (NOI) form, wit h the appropriate fee, to the State Water Board . 5.The subdivision design shall comply with the City's grading ordinance . 6.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). 7.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 use d 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 . A 3 .5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digita l Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall b e submitted to the City Engineer . 8.The final map, public improvement plans and specifications shall use the Internationa l System of Units (metric system). The English System of Units may be used on the final map where necessary (e .g . - all record data shall be entered on the map in the record units , metric translations should be in parenthesis), to the approval of the City Engineer . • • Attachment 4 Resolution No . 9776 (2006 Series ) Page 18 9.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 unobstructe d 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 surfac e so as to provide all-weather driving capabilities . All cul-de-sacs shall be minimum 4 0 foot radius. 10.Approved address numbers shall be placed on all new buildings in such a position to b e plainly visible and legible from the street fronting the property . Numbers shall be a minimum of 5" high x''IA"stroke and be on a contrasting background . [UFC 901 .4.4 1 11.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 fo r fire protection is required . The fire flow shall be determined using applicable Appendice s of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the Californi a Building Code. An approved NFPA system will be required for this project . 13.Rooms or areas in commercial buildings containing controls for air-handling systems , automatic fire-protection systems, or other diction, suppression or control element s shall be identified for use by the fire department and shall be located in the same area . A sign shall be provided on the door to the room or area stating "Fire Sprinkler Riser" and "Fire Alarm Control Panel " 14. A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a key to the room for commercial buildings. 15. Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75' of travel an d at each exit within commercial buildings . 16. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Departmen t approval) and shall be capable of supplying the required fire-flows . On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on th e following roll call vote : AYES : Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES : None ABSENT : None Attachment 4 Resolution No . 9776 (2006 Series ) Page 19 The foregoing resolution was passed and adopted this 7th day of March 2006 .alS Mayor David F. Romero ATTEST: Joned.h3fiY. Lowell • • -?)Attachment 5 CITY OF SAN LUIS OBISP O NOV 2 8 291 2 COMMUNITY DEVELOPMENT November 27, 201 2 San Luis Obispo City Planning Commissio n c/o Pam Ricci, Senior Planne r 919 Palm Stree t San Luis Obispo, CA 9340 1 RE : COA Amendment Application by Mangano Homes, Inc . for Serra Meadows Dear Ms . Ricci : •I am the property owner for the property known as Tract 2428 in the Margarita Specifi c Plan Area or the "King Property" north of the Serra Meadows subdivisions . Over the past 7 years we have been working cooperatively with our fellow property owners to plan an d implement the needed infrastructure for the area . Much has been accomplished including a Regional Basin for drainage and a master drainage plan . We have also participated i n discussions on the delivery of Prado Road . Despite everybody's best efforts, and significan t time and expense, we have found that the phasing and delivery plan described in the VTT M approvals for Tracts 2342, 2353 and 2348 are not feasible and are inequitable . As currently structured, the cost burden for implementation is many times the calculated fai rshare for the residential projects . The current plan also does not correlate to any sort o f needed capacity for individual developments in the Western Enclave, and the Specific Pla n in general . Mangano Homes, Inc. proposes a delivery plan and revised Conditions of Approval tha t appear to have multiple advantages and increased equity. This approach breaks down th e portions of Prado Road into segments that can be economically delivered by adjacen t property owners in a manner more consistent with the plan laid out in the Margarit a Specific Plan . To be sure, Resmark still is doing more than their share of heaving lifting i n this delivery plan by completing and extending the essential backbone undergroun d utilities and major surface improvements. Improvements that are left for others are acros s their frontages are well within their ability to be reimbursed from their own traffic impac t fees. •4 E S King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805-544-4444 805-544-5637 FAX PH 1-47 • San Luis Obispo City Planning Commissio n November 27, 201 2 Page Two Attachment 5 The proposed approach provides the City with reliable and predictable method of ensurin g that Prado gets extended . The revised unit triggers proposed by Mangano appear to b e equitable, and will ensure that street facilities will be installed when needed . Mos t importantly, this method appears to be conform more closely to the Prado Road policies i n the Specific Plan which require property owners along the road's frontage to construc t their frontages while still recognizes that a disproportionate upfront investment in underground utilities, the roundabout, and other facilities is necessary to get that proces s started. We have also reviewed Mangano Homes other requested amendments . We encourage yo u to approve Mangano Homes, Inc. requested amendment of the Conditions of Approval fo r Tract 2342 . King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805-544-4444 805-544-5637 FAX PH1-48 • Attachment 6 Conditions of Approva l VTM 2342 (Gowan) Resolution 977 6 Modified by PC Resolution PC-5565-1 1 (Modifications in regular underscore and strikeout ) Streets : 1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for the im- provement of Prado Road between its eastern terminus at the current City boundary and Broa d Street . For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced i n two segments . The first segment shall be the new roadway from the present easterly terminu s (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street o n Tract 2353 .4the Sierra Gardens-(DeBlauw) property 4Sshown in theMargarita-Area Specific Rlan-4MASPl . This first segment shall be referred to as the "Prado Road Extension - Wester n Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M "Street in- tersection on Tract 2353, easterly, to Broad Street . This second segment shall be referred to a s the "Prado Road Extension -"M" Street to Broad" segment (PRE-MB).For establishing condi- tions of approval, construction and phasing purposes, the PRE-WE portion of Prado shall be di - vided into six subareas segments as illustrated on Figure 1, labeled Segments A through F .At a minimum, the Plan shall address the following milestones for right-of-way acquisition, desig n and construction : a.At the time of submittal of any plans for final map and/or improvement plan checkin g The subdivider shall submit schematicconstruction drawings and specifications for th e full width improvement of the "Prado Road Extension - Western Enclave" segment (PRE - WE ) RoadExtension "M" Street to Broad" segment (PREMD)—.he-final mapand improv e b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities , storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works . Serra Meadows Tract 234 2 Conditions of Approval as Amended Page 1 • • Attachment 6 e.--Off-site dedication of property for public right-of-way purposes is necessary to facilitat e the construction of Prado Road . The subdivider shall exhaust all avenues available t o acquire said public right-of-way dedication for each segment of Prado Road as ,it is re- quired in these conditions ofapproval . In the event the subdivider is unable to acquir e the right of way for Segments A by December-31February 1 20132, then-the-neatherl y half_,of Prado-Road-ienlSshall-be-developed ;-with-the-b en,e-deve:o2ed4n_eonptmction w4thather prepeFties.said-prepe_the_subdvder may askthat-rty,-the City Council wil t eithcrconsider_lend the-subdiv derutihzing its powers of condemnation to acquire the Formatted :Strikethroug h off-site right-of-way-dedication, including any necessary slope and drainage easements\, or :allow a modified construction improvement of Segments A. and-Bas outlinedbe- low . 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). The sub- divider is responsible for construction of the necessary street ir_nprovements and strip_~.G NM .CMLOIAr_ „h ing, to the satisfaction of the Public Works Director .) c.- - -Formatted : List Paragraph,Left, Right :0”,Space Before :0 pt, After :6 pt, Numbered + d .Subject to-the-availability-of -necessary -right-of-way,•'the subdivider shall complete con-Level:2 +Numbering Style : a, b, c,.+ Startat:1 +Alignment: Left + Aligned at :0 .75"+struction of Segment A ofthe PRE-WE segmenfportion ofPrado prior to occupancy of Indent at 1",Adjust space between Ladn and the-the 31stgOtk unit within-the-e abdia4sie.Tract 2342 or within twelve (122) months of Asian text, adjust space between Asian text an dnumbersIssuance of the _first building permit (except for model homes), whichever occurs first . These improvements shall consist of streetfrontage im p rovements includin• curb ut -Formatted : Font: (Default) +Body(Cal i ter, sidewalk, parkway landscapng, median and roundabout two12,,-foot [nve .lanes,a -P t 5-foot bike lane/shoulder on the north side of Prado and a 5-foot bike lane/shoulder on Formatted : Font: (Default) +Body (Calib npt the south slugof Prado,_The improvements will also Include all storm_dralnage, water,Formatted : Font: (Default) +Body (cahbn),1 1 sewer and dryutilitiesper plan along its frontage and stub same to the south side of pt _ Prado Road asnecessary btransition shall be provided from the "Road A entrance of Formatted : Font: (Default) +Body (calibn),1 1 Tract 2342 to the existin_e_paved road section The subdivider is responsible for construc ~N F~- --- `Formatted Font: (Default) +Body (Cahbn)1 1tion of these improvements and stnpingjo the satisfaction of the Public Works Direc-pt tor .Formatted : Font: (Default) +Body (Calibre,1 1 d:If right-of-way is not available at the time of approval of the final map,and the pt Formatted : Font: (Default) +Body (Cahbd),1 1Cityis unwilline to use its power of eminent domain to arc uire the necessary right o f I pt way_for Segment Acornpletion,the subdivider shall submit revised construction plans to Formatted : Normal, Indent Left ENT) the City to complete partial improvements of Segment A subject to approval of the Pub-._bullets or numberin g lcWorks Director . These Improvements shall consist gf street frontage improvements iprimarily on the north side of Prado Road including curb, gutter, sidewalk, parkwa y landscaping, two 12 foot travel lanes,_a 5-foot bike lane/shoulder on -the north sideof Prado and a 5-foot bike lane/shoulder on the south side of Prado . The improvements will also indude_all storm drainage, water, sewer and dry _utilities per_plan along it s frontage and stub same to the south side of Prado Road . A transition shall be provide d from the "RoadA"entrance-of Tract 2342 -to the_existin ayeed road section o_f Prad o Road .instaN4heraenthem-ha#-of Pcade-Readalong-its-fre t-agge-aeeepdieg-te- he-pla n Serra Meadows Tract 234 2 Conditions of Approval as Amended Page 2 PH 1-50 • Attachment 6 submitted-to-Public-Works :may-submit-aplan-fer-pcevidingintertmrseeendary-aecess-t e endaty-aeees5 - preperties7 the-engineering-plans-Sepec-ifieatiens TenvirenmentaIreview if-necessaef .and-a aney-permitsand Pney-b e werks-DiFeete shah-nottrieeer-e A as-Prad e 2BQ~~unit. g.e .As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety, as estab- lished by the MASP . Subject to final approval of the City, the proposal may include fe e credits and/or other appropriate mechanisms that may be applied against non-TIE city - wide and MASP impact fees as development occurs, to facilitate completion of the Pra- do Road extension . interim-besis-at-thetimee€eenstruet''n-in placeunti4PR € Serra Meadows Tract 2342 Conditions of Approval as Amended Page 3 • • Attachment 6 Mmes-eempleted-and-an-add+Fiortalaec-ess-peiet a --,-e,a -a,-o'~-adeptedMASPloca - tiew 2.Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall b e paid prior to issuance of each building permit subject to condition I .g . above . 3.The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall consider th e proposed or required phasing to be completed by the combined development known as Marga- rita 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 t o provide a reasonable transition between the subdivisions in the case that one project is devel- oped before another . The scope of required improvements shall be approved to the satisfactio n of the Public Works Director . 4.The final subdivision design and improvements shall comply with the Margarita Are a Specifi c Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standar d Plans and Specifications . 5.The final design, location, and number of traffic calming measures including bulb-outs, choke - downs, tabletops, roundabouts, neck-downs, etc .. Shall be reviewed and approved by the Pub- lic Works Director . Plans submitted for review shall include a truck turning diagram demonstrat- ing a truck's ability to negotiate the traffic calming features . Additional or alternative traffi c control measures may be required to comply with the Specific Plan objective to "foster traffi c volumes and speeds that will be compatible with the neighborhood ." 6.Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored afte r development. The subdivider shall retain a qualified traffic consultant to conduct traffic count s throughout the subdivision at locations approved by the Public Works Director . If traffic speed s or volumes exceed City standards during counts taken by the subdivider one year after final oc - cupancy of complete build-out of the subdivision or acceptance of public improvements which - ever occurs later, the subdivider shall be responsible for installing additional traffic calmin g measures to the approval of the Public Works Director to reduce volume and speeds to compl y with City standards . As an alternative to the above, prior to final map recordation, the Wester n Enclave property owners may pay a one-time nonrefundable contribution to the City's Neigh- borhood Traffic Management Program in the amount of $130,000 to fund future traffic calmin g efforts in the-Cityand around Tract 2342 . 7.The subdivision design shall include directional curb ramps wherever possible . The inclusion o f bulb-outs at directional curb ramp locations is encouraged to decrease the roadway width to b e crossed by a pedestrian . 8.Prior to approval of improvement plans, alternative paving materials proposed within the publi c right-of-way shall be approved by the Public Works Director . Alternative paving materials shal l be maintained by the Homeowner 's Association . Serra Meadows Tract 2342 Conditions of Approval as Amended Page 4 • • PH1-52 Attachment 6 9.Common areas (except Lot Z-Wetlands Replacement), landscaped parkways and Class I path - ways (other than Prado Road) shall be owned and maintained in perpetuity for public use by th e Master Homeowner's Association . Water meters for common landscape areas including but no t limited to parkways, medians, roundabouts and pathway corridors are subject to water impac t fees and shall be paid for by the subdivider. On & Off-Site Improvements : 10.With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s) shal l either: a.Clearly demonstrate their right to construct the improvements by showing title or inter- est in the property in a form acceptable to the City Engineer ; or, b.RegaestDemonstrate, in writing, that the subdivider has exhausted all reasonable ef- forts to acquire interest to the subject property and request that the City assist in ac- quiring the property required for the construction of such improvements and exercis e 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 al l costs of such acquisition, including, but not limited to, all costs associated with condem - nation . Said agreement shall be in a form acceptable to the City Engineer and the Cit y Attorney. If condemnation proceedings are required, the Subdivider shall,ne4o1crthan 90-dayspr er-te-recerdatiewef-the tina4M-au •.- -,submit, in a form ac- ceptable to the City Engineer, the following documents regarding the property to be ac- quired : ha. Property legal description and sketch stamped and signed by a Licensed Land Surveyo r or Civil Engineer authorized to practice land surveying in the State of California . ii,d.Preliminary title report including chain of title and litigation guarantee ; Appraisal of the property by a City approved appraiser . In the course of obtain- ing such appraisal, the property owner(s) must be given an opportunity to accompan y the appraiser during any inspection of the property or acknowledge in writing that the y knowingly waived the right to do so . ivf.Copies of all written correspondence with off-site property owners including purchas e summary of formal offers and counter offers to purchase at the appraised price . vgPrior to submittal of the aforementioned documents for City Engineer approval, th e Subdivider shall deposit with the City all or a portion of the anticipated costs, as deter - mined by the City Attorney, of the condemnation proceedings . The City does not an d cannot guarantee that the necessary property rights can be acquired or will, in fact, b e acquired . All necessary procedures of law would apply and would have to be followed . Serra Meadows Tract 234 2 Conditions of Approval as Amended Page 5 Formatted : Numbered + Level : 2 + Numbering Style : a, b, c,... + Start at:1 + j Alignment: Left + Aligned at: 0.75" + Inden tla- 1" PH1-53 Attachment 6 11 . Should the final design for the stormwater detention basin require the installation of a storm - water pumping station in order to provide an outlet for the detention basin, the final pump sta- tion design shall be in accordance with Section 8 of the W W MP-DDM and the following : a.The pump station shall be a triplex design . b.The pump station shall be designed to discharge at the 100 year pre-developed rat e with all three pumps running, the 10 year pre-developed rate with two pumps runnin g and the 2 year pre-developed rate with only one pump in operation . At no time shal l the pump discharge rate exceed that of the pre-development now rates for each of th e design storms . Or the pump station shall consist for a variable speed drive that matche s the required discharge regime . c.The pump discharge shall be designed such that no erosion damage will occur . Th e pump shall discharge into a natural waterway or into an easement to which the subdi - viders, their heirs and/or assigns have rights to . 12 . The final subdivision design shall incorporate stormwater quality Best Management Practice s (BMPs) with the January 2005 edition of the Engineering Standards, shall be designed to trea t the stormwater runoff from all developed surfaces excluding rooftops but including all privat e and public streets, and shall be subject to the approval of the City Engineer . 13 . The final design of any stormwater detention or treatment facilities shall incorporate all recom- mendations from the final geotechnical report into the design of said facilities . The final ge- otechnical report shall address the effect, if any, of detaining stormwater in close proximity t o the existing soil contamination . 14 . The final design of the proposed off-site stormwater detention facilities shall also take into con- sideration the effects on 100 year floodplain (as identified as an undesignated "A Zone ") on th e FEMA FIRM Panel (as modified by the LOMB dated August 23, 2003) for San Luis Obispo County , from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish th e base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of any plans fo r ground disturbing activities ; then process the final documents once Grading is complete . Th e design of any stormwater facilities shall be in compliance with the WWMP-DDM requiremen t for construction within a Special Floodplain Management Zone ; i .e. no significant net loss o f floodplain storage . 15 . The subdivider shall secure the rights for the regional stormwater detention basin prior to o r concurrently with the final subdivision maps . Should the subdividers be unsuccessful in acquir- ing off site property for the construction of the stormwater facilities, the subdivider shall either : a) revise the maps to reflect appropriately sized on-site detention of stormwater pursuant to th e City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures outlined above . All costs associate d with securing said rights including the eminent domain process shall be borne by the subdivid- ers . Serra Meadows Tract 2342 Conditions of Approval as Amended Page 6 • • PH 1-54 Attachment 6 16.Prior to the approval of the public improvement plans the subdivider(s) shall have received a n approved grading permit from the County of San Luis Obispo a written waiver for the construc- tion of any facilities outside the City's corporate limits . Should San Luis Obispo County defer t o the City for the processing of the grading permits for property outside the City corporat e boundary, the subdivider(s) shall process the grading permit with the City Public Works Depart- ment concurrently with the improvements plans and pay all fees associated said grading in ac- cordance with the Public Works Department Fee schedule for plan checking and inspection in ef- fect at the time of permit processing . 17.Improvement plans shall show how project streets and sidewalks are connected with existin g improvements on Calle Malva, Calle Jazmin and Prado Road to the satisfaction of the Public Works Director . Plans shall also show how driveway access is maintained on adjacent lots o n Calle Malva and Calle Jazmin . 18.The parking lot designs shown on the tentative map are not approved as part of the subdivision . Final design of parking lots shall be reviewed and approved by the City's Architectural Revie w Commission . Final maps shall establish reciprocal access to/from adjacent parking lots and shal l be designed to comply with City standards . 19.The public improvement plans shall show Prado Road street lights shall be located within th e center landscaped median rather than along each side of the roadway . •20. The public improvement plans shall show the fire hydrant shown within Prado Road shall be re - located outside of the roadway . 21.The public improvement plans shall show the landscaped roundabout proposed on Prado Roa d shall be designed to comply with Caltrans Standards Design Information Bulletin 80 and FHW A roundabout guidelines and address pedestrian and bicycle crossing areas . 22.The public improvement plans shall show the final design and location of the bus pullouts an d transit facilities on "C "Street coordinated with Tract 2353 (DeBlauw) and approved by the Pub- lic Works Director. Plans submitted for review shall include a bus turning diagram demonstrat- ing a bus 's ability to negotiate the turnout . The final design shall also include bus stop im- provements and indicate how access to adjacent parcels is provided . 23.The public improvement plans shall show the private alleys are designed to accommodate bot h garbage truck and emergency vehicle access, including required turnaround, structural sectio n and geometries . The subdivider shall show the alleys within a public access easement on the Fi- nal Map . 24.Prior to final map approval, the proposed Class 1 pathway between "A" Street and Prado Roa d shall terminate at the Prado Road Class 1 pathway and not provide a direct connection to th e Prado Road roadway . 25.A portion of the westerly half of the proposed subdivision is within the area shown on the Sa n Luis Obispo County FEMA FIRM panel as being subject to inundation from flood waters due t o the runoff from the 100 year storm . Since the area of inundation does not have a base flood el - Serra Meadows Tract 2342 Conditions of Approval as Amended Page 7 Attachment 6 evation (BFE) established, the subdivider shall establish the 100 year BFE, and prior to the ap- proval of plans for any ground disturbing activities . The subdivider shall process either a CLOM R or CLOMR-F through FEMA to allow for construction of both residential and non-residentia l structures. The analysis required for the CLOMR/CLOMR-F shall show that the proposed finis h floors of the structures are at least one foot above the 100 year flood elevation and does no t significantly reduced the amount of floodplain storage per the W WMP-DDM . Once constructio n is complete, but prior to final occupancy, the subdivider/developer shall finalize the CLOMR wit h a final Letter of Map Change (LOMC) through FEMA . 26.Vehicular access rights along Prado Road shall be dedicated to the City . 27.The subdivider shall install private street lighting along the private internal streets per Cit y standards and off-site public street lighting along Prado Road leading to and from the develop- ment, as determined by the Director of Public Works . All public street lighting installed by th e developer shall include the luminaires as well as all wiring and conduit necessary to energize th e light standards from PG& E's point of service . Water, Sewer & Utilities : 28.The subdivider 's engineer shall submit water demand and wastewater generation calculation s 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 de- ficiency as a part of the overall project . 29.Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of th e Utilities Engineer . 30.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 a s to protect the pipelines from the high water flow . 31.Sewer backwater valves may be required on some lots . The subdivider 's engineer shall appl y the Cit y 's criteria to the design to determine which lots will need backwater valves on the sewe r laterals, per City and UPC standards . 32.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 build- ing . 33.The sewer and water mains shall be located approximately 2m on either side of the street cen- terline . All final grades and alignments of all public water, sewer and storm drains (includin g service laterals and meters) are subject to modifications to the satisfaction of the Public Work s Director and Utilities Engineer. 34.The subdivision layout and preliminary utility plans shall include provisions for irrigating com- mon areas, parks, detention basins, and other large landscape areas with recycled water . Ap- propriately sized reclaimed water mains shall be designed and constructed from the City's trun k Serra Meadows Tract 234 2 Conditions of Approval as Amended Page 8 • • PH 1-56 Attachment 6 system to these irrigation areas. If other use areas exist beyond the proposed subdivision, th e mains shall be appropriately sized to provide for future use areas and extended to the boundar y of the tract . If reclaimed water is not available at the time the recycled water is needed, the sys - tem shall be designed and constructed to reclaimed water standards, and temporarily connect- ed to the City's potable water system in the area of the anticipated connection to the reclaime d water system . 35.The well on Lot Q shall only be used for irrigation purposes on Lot Q or otherwise shall b e properly abandoned in compliance with all applicable regulations . Grading & Drainage: 36.The final grading plan shall include provisions to comply with the soils engineer's recommenda- tions, including mitigating cut slopes, debris flows uphill of the lots and truck access . The soil s engineer shall supervise all grading operations and certify the stability of the slopes prior to ac- ceptance of the tract and/or issuance of building permits . 37.Clearing of any portion of the existing creek and drainage channels, including any required tre e removals, and any necessary erosion repairs shall be to done the satisfaction of the Publi c Works Director, Corp . of Engineers and the Department of Fish & Game . Certain trees may re- quire safety pruning by a certified Arborist as determined by the City Arborist . Homeowners' Association : .38.The subdivider shall submit CC&R 's with the Final Map that establishes a "Margarita Area Mas - ter Homeowner's Association "(Master HOA). The Master HOA shall include the subdivider 's tract, and provide for the automatic annexation of all subsequent potential tracts within th e Margarita Specific Plan area . The subsequent tracts may, at their sole discretion, annex to th e Master HOA, or demonstrate to the city's satisfaction how many they may form their own, inde- pendent HOA, to manage their common are an improvements . The Master HOA, and any an d all subsequent HOA 's not a part of the Master HOA, shall provide for maintenance of all com- mon area drainage channels, on -site and/or sub-regional drainage basins and conveyance im - provements and the Margarita median landscaping and trail network . The Master HOA shall al - so annually maintain a 30' wide wildland fuel reduction zone along all open space lots abuttin g developments within the MASP . The CC&R's shall be approved by the City Attorney prior to re - cordation of the Final Map, or any phase thereof . 39 .The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the Lo t Z-67 designated as "Wetlands Mitigation ". Maintenance responsibilities shall include mainte- nance of any cut or fill slopes required to make the swale and berm . The storm drainage syste m within the private streets shall be privately owned and maintained by the MHOA (to be include d in CC& R's). Those open space areas that accommodate trails intended for public use shall b e maintained for public access in perpetuity . Serra Meadows Tract 2342 Conditions ofApproval as Amended Page 9 • PH1-57 Attachment 6 40. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by th e City Attorney and Community Development Director prior to final map approval . CC&R's shal l contain the following provisions that pertain to all lots : a.Creation of a master homeowners' association if none exists or annexation into an exist- ing MHOA, if one exists . b.No parking except in approved, designated spaces. c.No change in city-required provisions of the CC&R 's without prior City Council approval . d.Provision for all of the maintenance responsibilities outlined in various conditions be - low . e.The subdivider shall submit common driveway agreements for those lots with share d access including maintenance provisions, to the approval of the Community Develop - ment Director at the time of final map approval . Paths/Open Space : 41. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however, th e Natural Resource Manager and Public Works Director may approve a narrower path in location s that will only be used by pedestrians only or where environmental conditions warrant a narrow- er path based on in-the-field consideration . 42. Final design (including materials, location, width, bridging and lighting) of pathways shall be re - viewed and approved by the Natural Resources Manager and Public Works Director . Air Quality: 43.All activities associated with construction and operation for the subdivision map shall comply a t all times with all current APCD Rules and Regulations as applicable, including but not limited t o PM-30, NOx emissions, Best Available Control Technologies, construction activity managemen t plans, and phasing technique s Housing Programs : 44. To provide the required affordable units for Tentative Tract 2342, six units shall be constructe d for low- and moderate-income households (4 moderate, 2 low income) in the R-1 and/or R-2 zones . These units shall be intermixed throughout Tract 2342 . These "affordable" units shall b e comparable in appearance and quality to the market-rate units . This condition shall becom e null and void upon the land dedication and completion of associated access/infrastructure im- provements for Lot 205-108of Tentative Tract 2353 . 45. The Inclusionary Housing requirement for the BPO property shall be met prior to building permi t issuance . Planning Requirements : Serra Meadows Tract 2342 Conditions ofApproval as Amended Page 10 • • PH1-58 Attachment 6 46.Bulb outs at 'T' intersections need to be added to the straight leg "crossing the 'T and elongate d such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the in- tersecting street leg . 47.Bulb-outs shall be provided at alley access points to street to provide line of sight where re d curbing would otherwise be needed . 48.All lighting within the subdivision shall comply with the lighting standards contained in the Sa n Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measure s listed below . 49.In order to be consistent with the requirements of the Margarita Area Specific Plan and Count y Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit an d protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obisp o County Airport via an avigation easement document prior to the recordation of the final map . 50.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 tha t the procedures required by state law may be applied . 51.New development shall implement all feasible measures to minimize the use of conventiona l energy for space heating and cooling, water heating and illumination by means of proper desig n and orientation, including the provision and protection of solar exposure . •52.As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157 feet fo r new single familyresidential unitsases from the centerline of Prado Road .Proposed Live/Work units may be located within the 157-foot setback from Prado Road (60 dB noise contour) subjec t to compliance with all of the requirements of the Sound Level Assessment from David Lord of 4 5 dB dated 9-14-11 . 53.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnify an d hold harmless the City and/or its agents, officers and employees from any claim, action or pro- ceeding against the City and/or its agents, officers or employees to attack, set aside, void or an - nul, the approval by the City of this subdivision, and all actions relating thereto, including bu t not limited to environmental review . 54.For interior streets (not Prado Road), a 15-foot public street yard shall be allowed for homes an d a 20-foot street yard for garages with doors facing the public street . Code Requirements : 1.Traffic impact and water and wastewater impact fees are required to be paid as a condition of issuance of building permits . 2.The property is tributary to the Laguna Sewer Lift Station . Appropriate Lift Station Fees shall b e paid prior to the final map approval . 3.Appropriate backflow prevention will be necessary on any connection to the City water system i f the property includes an active well . Serra Meadows Tract 2342 Conditions of Approval as Amended Page 1 1 • Attachment 6 4.EPA Requirement : General Construction Activity Storm Water Permits are required for all stor m water discharges associated with a construction activity where clearing, grading and excavatio n 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 . Per- mits are required until the construction is complete to be covered by a General Construction Ac- tivity Permit; the owner(s) of land where construction activity occurs must submit a complete d "Notice of Intent "(NOl) form, with the appropriate fee, to the State Water Board . 5.The subdivision design shall comply with the City's grading ordinance . 6.Street trees shall be planted along the private street per City Standards (the number of trees i s determined by one tree per 35 linear feet of street frontage). 7.All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc.., shall be tie d to the City's Horizontal Control Network . At least two control points shall be used and a tabula- tion of the coordinates shall be submitted with the final map or parcel map . All coordinate s submitted shall be based on the City coordinate system . A 3 .5" diameter computer floppy disk , containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) fo r Geographic Information System (GIS) purposes, shall be submitted to the City Engineer . 8.The final map, public improvement plans and specifications shall use the International System o f Units (metric system). The English System of Units may be used on the final map where neces- sary (e .g . - all record data shall be entered on the map in the record units, metric translation s should be in parenthesis), to the approval of the City Engineer . 9.Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shal l have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance o f 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 drivin g capabilities . All cul-de-sacs shall be minimum 40 foot radius . 10.Approved address numbers shall be placed on all new buildings in such a position to be plainl y visible and legible from the street fronting the property . Numbers shall be a minimum of 5 " high x' "stroke and be on a contrasting background . [UFC 901 .4 .41 . 11.Water Supplies and fire hydrants shall be provided in accordance with applicable articles of th e 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 . 12.Fire protection systems shall be installed in accordance with the CFC and the California Buildin g Code . An approved NFPA system will be required for this project . 13.Rooms or areas in commercial buildings containing controls for air-handling systems, automati c fire-protection systems, or other diction, suppression or control elements shall be identified fo r use by the fire department and shall be located in the same area . A sign shall be provided o n the door to the room or area stating "Fire Sprinkler Riser" and "Fire Alarm Control Panel". Serra Meadows Tract 2342 Conditions of Approval as Amended Page 12 • • PH1-60 • Attachment 6 14.A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a key to th e room for commercial buildings . 15.Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75 'of travel and at eac h exit within commercial buildings. 16.Fire hydrants shall be spaced per SL0-FD Guidelines (placement with Fire Department approval ) and shall be capable of supplying the required fire-flows . Sena Meadows Tract 2342 Conditions of Approval as Amended Page 1 3 • RESOLUTION NO . (2013 Series) Attachment 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL FO R VESTING TENTATIVE TRACT MAP 234 2 (MOD/TR 134-12 ; 392 PRADO ROAD ) WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on January 9, 2013, for the purpose of considering Application MOD/TR 134-12,a request to amend conditions of Vesting Tentative Tract Map 2342 for an approximately 15-acr e site located on the north side of Prado Road, east of South Higuera Street ; and WHEREAS,the Planning Commission recommended that the City Council approve th e proposed modified conditions of Vesting Tentative Tract Map 2342 ; an d WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 19, 2013, for the purpose of considering the proposed modified conditions of Vesting Tentativ e Tract Map 2342 originally approved through City Council Resolution No . 9776 (2006 Series); and WHEREAS,notices of said public hearings were made at the time and in the manne r required by law ; and WHEREAS,the Council has duly considered all evidence, including the record of th e Architectural Review Commission hearing and action, testimony of interested parties, and th e evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e following findings in support of the request to amend conditions of Vesting Tentative Tract Ma p 2342 : 1.The proposed condition modifications are reasonably necessary to allow for th e construction of Prado Road improvements to serve the first phase of Western Enclav e Development in the Margarita Area Specific Plan given financing considerations an d projected traffic levels . 2.On March 7, 2006, the City Council adopted a Mitigated Negative Declaration whic h adequately addresses the potential significant environmental impacts of the propose d project and incorporated certain mitigation measures into the project . The propose d modifications to conditions do not conflict with approved mitigation measures and ar e consistent with previous environmental studies for extension of Prado Road . 3.Projected traffic levels for Tract 2342 can be accommodated by the planned stree t facilities that will be constructed per the applicant's Prado Delivery Plan tha t PH1-62 • • Resolution No . (2013 Series) Attachment 7 Page 2 accompanied the subject request for condition modifications . Estimated project tri p generation of 664 average daily trips (ADT) and 70 PM trips based upon traffic mode l numbers would be lower than existing thresholds which would require Prado Road to b e extended to the east or improved to four lanes . Therefore, the proposed condition language and improvements will adequately serve VTM 2342 . 4.An east-west connection between South Higuera and Highway 227, has been formal Cit y policy since the early 1960's when it was included in the City's first General Plan . 5.Several Environmental Impact Reports have been certified that included the Prado Roa d extension, including the 1994 Land Use and Circulation Elements, the 2000 Amendmen t 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 an d Circulation Element and its current alignment . Project specific impacts were addresse d in each environmental documents prepared for Vesting Tract Maps . The impending EI R for the Land Use and Circulation Elements will look at the entire circulation network an d consider the current alignment and inclusion of Prado Road . SECTION 2 .Action .The City Council hereby approves the requested modifications t o conditions of Vesting Tentative Tract Map 2342 originally approved through City Counci l Resolution No . 9776 (2006 Series), as follows : 1.The project is subject to all of the conditions, code requirements and mitigation measure s approved through City Council Resolution No . 9776 (2006 Series). If a previous condition is modified with this latest approval, the latter condition shall prevail an d supersede the former wording of the condition . 2.Condition No . I of City Council Resolution No . 9776 shall be replaced with th e following language : Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l present a detailed schedule and delivery "Plan", to be approved by the Public Work s Director, for the improvement of Prado Road between its eastern terminus at the curren t City boundary and Broad Street . For the purposes of this condition, the Prado Roa d Extension (PRE) shall be referenced in two segments . The first segment shall be the ne w roadway from the present easterly terminus (City boundary) of Prado Road extendin g easterly to the intersection of proposed "M" Street on Tract 2353 . This first segment shall be referred to as the "Prado Road Extension - Western Enclave" segment (PRE - WE). The second segment shall be from the Prado Road/"M" Street intersection on Trac t 2353, easterly, to Broad Street . This second segment shall be referred to as the "Prad o Road Extension - "M" Street to Broad" segment (PRE-MB). For establishing conditions of approval, construction and phasing purposes, the PRE-WE portion of Prado shall b e divided into six segments as illustrated on Figure 1, labeled Segments A through F . At a minimum, the Plan shall address the following milestones for right-of-way acquisition , design and construction : PH 1-63 Resolution No . (2013 Series) Attachment 7 Page 3 a.At the time of submittal of any plans for final map and/or improvement plan checking The subdivider shall submit schematic construction drawings and specifications fo r the full width improvement of the "Prado Road Extension - Western Enclave " segment (PRE-WE). b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks , utilities, storm drainage, landscaping, center median improvements and othe r necessary street appurtenances or as otherwise approved by the D irector of Publi c Works. c.Off-site dedication of property for public right-of-way purposes is necessary t o facilitate the construction of Prado Road . The subdivider shall exhaust all avenue s available to acquire said public right-of-way dedication for each segment of Prad o Road as it is required in these conditions of approval . In the event the subdivider i s unable to acquire the right of way for Segments A by February 1, 2013, th e subdivider may ask that the City Council consider utilizing its powers o f condemnation to acquire the off-site right-of-way, including any necessary slope an d drainage easements\, or allow a modified construction improvement of Segments A and B as outlined below . If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorne y and court costs). The subdivider is responsible for construction of the necessar y street improvements and striping, to the satisfaction of the Public Works Director .) d.The subdivider shall complete construction of Segment A of the PRE-WE portion o f Prado prior to occupancy of the 31st unit within Tract 2342 or within twelve (12) months of issuance of the first building permit (except for model homes), whichever occurs first. These improvements shall consist of street frontage improvement s including curb, gutter, sidewalk, parkway landscaping, median and roundabout, thre e 12-foot travel lanes, a 5-foot bike lane/shoulder on the north side of Prado and a 5 - foot bike lane/shoulder on the south side of Prado . The improvements will als o include all storm drainage, water, sewer and dry utilities per plan along its frontag e and stub same to the south side of Prado Road as necessary . A transition shall b e provided from the "Road A" entrance of Tract 2342 to the existing paved roa d section . The subdivider is responsible for construction of these improvements an d striping, to the satisfaction of the Public Works Director . If right-of-way is not available at the time of approval of the final map, and the City i s unwilling to use its power of eminent domain to acquire the necessary right of wa y for Segment A completion, the subdivider shall submit revised construction plans t o the City to complete partial improvements of Segment A subject to approval of th e Public Works Director . These improvements shall consist of street frontag e improvements primarily on the north side of Prado Road including curb, gutter , sidewalk, parkway landscaping, two 12-foot travel lanes, a 5-foot bike lane/shoulde r on the north side of Prado and a 5-foot bike lane/shoulder on the south side of Prado . The improvements will also include all storm drainage, water, sewer and dry utilitie s per plan along its frontage and stub same to the south side of Prado Road . A transitio n PH 1-64 • • Resolution No .(2013 Series)Attachment 7 Page 4 shall be provided from the "Road A" entrance of Tract 2342 to the existing pave d road section of Prado Road . e . As a part of the submittal of the plan for improvements to Prado Road, the subdivide r shall submit a reimbursement proposal and schedule for the costs associated with th e environmental, engineering and construction of Prado Road in its entirety, a s established by the MASP . Subject to final approval of the City, the proposal ma y include fee credits and/or other appropriate mechanisms that may be applied agains t non-TIF city-wide and MASP impact fees as development occurs, to facilitat e completion of the Prado Road extension . 3.Condition No . 6 of City Council Resolution No . 9776 shall be modified as follows : Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall b emonitored after development . The subdivider shall retain a qualified traffic consultant t o conduct traffic counts throughout the subdivision at locations approved by the Publi cWorks Director . If traffic speeds or volumes exceed City standards during counts take n by the subdivider one year after final occupancy of complete build-out of the subdivisio n or acceptance of public improvements whichever occurs later, the subdivider shall b eresponsible for installing additional traffic calming measures to the approval of the Publi c Works Director to reduce volume and speeds to comply with City standards . As an alternative to the above, prior to final map recordation, the Western Enclave propert y owners may pay a one-time nonrefundable contribution to the City's Neighborhoo d Traffic Management Program in the amount of $130,000 to fund future traffic calmin gefforts in and around Tract 2342 . 4.Condition No . 10 of City Council Resolution No . 9776 shall be modified as follows : With respect to all off-site improvements, prior to filing of the Final Map, th eSubdivider(s) shall either : a.Clearly demonstrate their right to construct the improvements by showing title o r 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 t o acquire interest to the subject property and request that the City assist in acquiring th e property required for the construction of such improvements and exercise its power o f eminent domain in accordance with Government Code Section 66462 .5 to do so, i fnecessary. Subdivider shall also enter into an agreement with the City to pay all cost s of such acquisition including, but not limited to, all costs associated wit hcondemnation. Said agreement shall be in a form acceptable to the City Engineer an dthe City Attorney . If condemnation proceedings are required, the Subdivider shal l submit, in a form acceptable to the City Engineer, the following documents regardin g•the property to be acquired : PH1-65 Resolution No . (2013 Series) Attachment 7 Page 5 1)Property legal description and sketch stamped and signed by a Licensed Lan d Surveyor or Civil Engineer authorized to practice land surveying in the State o f 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 obtainin g such appraisal, the property owner(s) must be given an opportunity to accompan y the appraiser during any inspection of the property or acknowledge in writing tha t they knowingly waived the right to do so . 4)Copies of all written correspondence with off-site property owners includin g purchase summary of formal offers and counter offers to purchase at the appraise d 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 acquire d or will, in fact, be acquired . All necessary procedures of law would apply an d would have to be followed . 5.Modify Condition No . 39 of City Council Resolution No . 9776 to correctly reference th e wetlands mitigation site as Lot 64 . 6.Modify Condition No . 44 of City Council Resolution No . 9776 to correctly reference the affordable housing site as Lot 108 of Tentative Tract 2353 . 7.Modify Condition No . 52 to reflect the language approved by the Planning Comm ' on September 28, 2011 through Resolution No . PC-5565-11 as follows : As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 15 7 feet for new single family residential units from the centerline of Prado Road . Proposed Live/Work units may be located within the 157-foot setback from Prado Road (60 d B noise contour) subject to compliance with all of the requirements of the Sound Leve l Assessment from David Lord of 45 dB dated 9-14-11 . Upon motion of , seconded by and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of 2013 . Mayor Jan Marx PH1-6 6 ssion • • Resolution No . (2013 Series) Attachment 7 Page 6 ATTEST : Maeve Kennedy Grimes City Clerk APPROVED AS TO FORM : J . Christine Dietric k City Attorne y t :\council agenda reports\2013\2013-02-I9'nodification of conditions tract 2342 prado (johnson-bochum)\tr-mod 134-12 council resolution .docx • Page intentionally left blank . • PH1-68 I RECEIVED Goodwin, Heather FEB 1 9 201 3 SLO CITY CLERK jLichtig, Kati e Monday, February 18, 2013 7 :18 A M To:Ashbaugh, John; Mark Anderso n Cc:Johnson, Derek; Padilla, Wayne; Grigsby, Daryl; Grimes, Maeve; Goodwin, Heathe r Subject :RE : Council Meeting - Tuesday, February 9th - Amend conditions of the Tract Map 234 2 I have also added our City clerk so this document can be added to the public record and distributed to the council . Katie Lichti g City Manage r City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 AGEND A CO RRESPONDENC E Date 2 I°III Item#PH.1 From :Ashbaugh, Joh n Sent:Saturday, February 16, 2013 2 :54 PM To: Mark Anderso n Cc : Johnson, Derek; Padilla, Wayne; Lichtig, Katie ; Grigsby, Dary l Subject :RE : Council Meeting - Tuesday, February 9th - Amend conditions of the Tract Map 234 2 Thank you for writing to the Council, Mark . I'm cc'ing this email to appropriate staff . Please be assured that your view s will be considered as we review the modified conditions of approval and Margarita Area Specific Plan proposals fo r Prado Road . Ashbaug h City Counci l From :Mark Anderson Jmailto :mark©andersoncommercialre .com l Sent :Friday, February 15, 2013 4 :13 P M To : Ashbaugh, Joh n Subject :Council Meeting - Tuesday, February 9th - Amend conditions of the Tract Map 234 2 John I'm the owner of San Luis Mini Storage at 445 Prado Road and have a long term leasehold interest in the propert y owned by Alfie Martinelli . Those leasehold rights include a vested right to purchase the property in the future ; therefore, I have an interest in the Prado Road improvement discussions surrounding the Margarita Area Specific Pla n (MASP), Western Enclave and Tracts 2342 & 2353 . I also understand that the economic conditions may warrant a n amendment to the approval conditions to Tract 2342 . What continues to frustrate me about the MASP and how i t relates specifically to the Western Enclave properties, is the inequitable share of the Prado Road improvements that ar e being assessed to the MASP property owners . As it is currently designed, the 6 property owners in the MASP are responsible for 100% of the Prado Roa d improvements and Park improvements . Prado Road is designed to be accommodate significant citywide traffic with 4 lanes, roundabouts, bike lanes and parkway improvements . Upon its connection to Broad Street, Prado Road with b e the main east/west arterial connection for San Luis Obispo . The benefit of the Prado Road improvements will be share d II the residents of San Luis Obispo ; however, the cost to improve Prado Road is being allocated to 6 property ers . This is not equitable . The cost of the Prado Road improvements should be offset by a city wide traffic impac t ee for the benefit of all those that will use Prado Road . I also feel, the Goodwin Report should have analyzed how th e 1 cost and benefits should be allocated between the MASP owners and citywide to determine the MASP owner's fai r share of the Prado Road costs . fair share allocation needs to be considered in the assessment of the Prado Road improvements . Feel free to call if you have any questions . Mark Mark Anderso n 798 Palm Street, San Luis Obispo, CA 9340 1 T : 805 .543 .1400 F : 805 .543 .140 1 mark@andersoncommercialre .co m DRE License 00094453 0 • • 2 Goodwin, Heather Marx, Ja n Saturday, February 16, 2013 7 :54 AM To:Mark Anderso n Cc:Lichtig, Katie ; Johnson, Derek ; Goodwin, Heathe r Subject:RE: Council Meeting - Tuesday, February 9th - Amend conditions of the Tract Map 234 2 Thank you for your message, Mr . Anderson . I am including our city manager and community development director in thi s response, so that they can get back to both of us regarding the issues you raise . I also am including our assistant city clerk, so that she can post your email as agenda correspondence for the Februar y 19, 2013 city council meeting, which has this item on the agenda . Jan Howell Marx Mayor of San Luis Obisp o (805) 781-7120 or (805) 541-271 6 From :Mark Anderson [mark@andersoncommercialre .com ] Sent :Friday, February 15, 2013 4 :09 PM To : Marx, Ja n Subject :Council Meeting - Tuesday, February 9th - Amend conditions of the Tract Map 234 2 Jan — tr he owner of San Luis Mini Storage at 445 Prado Road and have a long term leasehold interest in the propert y ed by Alfie Martinelli . Those leasehold rights include a vested right to purchase the property in the future ; eefore, I have an interest in the Prado Road improvement discussions surrounding the Margarita Area Specific Pla n (MASP), Western Enclave and Tracts 2342 & 2353 . I also understand that the economic conditions may warrant a n amendment to the approval conditions to Tract 2342 . What continues to frustrate me about the MASP and how i t relates specifically to the Western Enclave properties, is the inequitable share of the Prado Road improvements that ar e being assessed to the MASP property owners . As it is currently designed, the 6 property owners in the MASP are responsible for 100% of the Prado Roa d improvements and Park improvements . Prado Road is designed to be accommodate significant citywide traffic with 4 lanes, roundabouts, bike lanes and parkway improvements . Upon its connection to Broad Street, Prado Road with b e the main east/west arterial connection for San Luis Obispo . The benefit of the Prado Road improvements will be share d by all the residents of San Luis Obispo ; however, the cost to improve Prado Road is being allocated to 6 propert y owners. This is not equitable . The cost of the Prado Road improvements should be offset by a city wide traffic impac t fee for the benefit of all those that will use Prado Road . I also feel, the Goodwin Report should have analyzed how th e cost and benefits should be allocated between the MASP owners and citywide to determine the MASP owner's fai r share of the Prado Road costs . This fair share allocation needs to be considered in the assessment of the Prado Road improvements . Feel free to call if you have any questions . Mar kSrk Anderson 798 Palm Street, San Luis Obispo, CA 9340 1 T : 805 .543 .1400 "' F : 805 .543 .1401 1 mark@andersoncommercialre .co m DRE License 00094453 0 • • 2 Goodwin, Heather RECEIVE D FEB 19 201 3 SLO CITY CLER K AGENDA CORRESPONDENC E Date 2 11 1 113Remit Piz/I 9 2--- Please distribute this email as Agenda Correspondence for tonight's public hearing items . maeve kenneay cjrnme s City Cler k city Of san lids oBlsp o 990 Palm Stree t San Luis Obispo, CA 9340 1 phone : (805) 781-710 2 email :merimes@slocitv .org From :Mila Vujovich-LaBarre fmailto :milavu©hotmail .com l Sent:Tuesday, February 19, 2013 10 :22 A M Grimes, Maeve ; Marx, Jan ; Lichtig, Katie ; rosemary Alan Thomas; jud e ; Kranzdorf Richard ; Ashbaugh, Joh n ject :Supplemental EIR for the Damon-Garcia Sports Field Area/ Supplemental EIR for Margarita /Airport Are a Specific Pla n Dear Ms Grimes - Thank you for addressing my concerns in our phone chat this morning . In short, I have addressed the City Council for both specific agenda items and during "unscheduled public appearances", written letters, attended LUCE forums and had meetings with City staff i n regard to City development concerns . Very specifically, my friend Rosemary Wilvert and I both asked for a Supplemental EIR for th e Damon-Garcia Sports Fields Area and a Supplemental EIR for the Margarita Area/Airport Area Specifi c Plan at the last City Council meeting verbally two weeks ago . I also submitted several pages o f substantiating details for my request . To date, I have not heard back from anyone . I would like these requests to be formally put on th e City Council agenda . Please forward this email to the City Council members so that at least three o f the five members can vote on this matter .It would help the individuals responsible for City plannin g to appear transparent and responsive . As I mentioned, it was odd for me to learn that two agenda items tonight that deal with Prado Roa d the Margarita Area development . Although I am scheduled to be at a conference until 7pm, I wil l my best to attend tonight's City Council meeting after that time . Sincerely, Heather, Grimes, Maeve Tuesday, February 19, 2013 11 :04 AM Goodwin, Heathe r FW: Supplemental EIR for the Damon-Garcia Sports Field Area/ Supplemental BR fo r Margarita /Airport Area Specific Pla n 1 Mila Vujovich-La Barr e 805-441-581 8 ~lavu@hotmail .co m • 2