HomeMy WebLinkAboutR-10715 - approving Vesting Tentative Tract Map No. 3083 creating 77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. “West Creek.”RESOLUTION NO. 10715 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 3083 CREATING 77 LOTS FOR PROPERTY LOCATED AT
1299 ORCUTT ROAD (SBDV-1769-2015, TRACT #3083 a.k.a. "WEST
CREEK")
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on April 13, 2016, and recommended approval of the project; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted public meetings on December 1, 2014 and October 18, 2015, and recommended
approval of the project; and
WHEREAS, the Parks and Recreation Commission of the City of San Luis Obispo
conducted public meetings on March 4, 2015 and November 4, 2015, and recommended
approval of the project; and
WHEREAS, notices of said public hearing and advisory meetings were made at the time
and in the manner required by law; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of San Luis
Obispo that Vesting Tentative Tract Map #3083 (SBDV-1769-2015) is hereby approved based
on the certified 2010 OASP EIR and 2016 West Creek project -specific Initial Study -Mitigated
Negative Declaration, the findings below and subject to the following conditions:
SECTION 1. Environmental Review. The City Council hereby determines that the
potential environmental effects of the VTM#3483 subdivision project were adequately
examined by the initial Study -Mitigated Negative Declaration that was adopted on May 17,
2016 and that all potentially significant environmental effects were identified but mitigation
measures to be included and incorporated into the project avoid or reduce the effects to a point
where clearly no significant effect on the environmental would occur.
SECTION 2.'Vesting Tract Mgppproval with Findings & Conditions. The City
Council does hereby approve application SBDV-1769-2015 (VTM#3083, "West Creek"), a
tentative tract map to create up to 77 lots comprising 6 7 single family residential lots, 1
multi -family condominium lot for 105 residential units, and 8 parks and open space lots, and 1
lot for future street extension based on the following Findings, and subject to the following
conditions being incorporated into the project:
R 10715
Resolution No. 10715 (2016 Series)
Page 2
Findin s:
1. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the
General Plan because the proposed subdivision respects existing site constraints, will
incrementally add to the City's residential housing inventory, results in parcels that meet
minimum density standards, and will be consistent with the density, lot sizes and project
amenities established by the Orcutt Area Specific Plan (OASP).
2. The site is physically suited for the type and density of development allowed in the R -2 -SP
and R -4 -SP zoning districts.
3. The design of the vesting tentative tract map and the proposed improvements are not likely
to cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat, since further development or
redevelopment of the proposed parcels will occur consistent with VTM #3083 and the
required architectural review process, which will allow for detailed review of development
plans to assure compliance with City plans, policies, and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is
consistent with the pattern of development prescribed in the Orcutt Area Specific Plan.
5. The proposed project will provide affordable housing consistent with the intent of
California Government Code §65915, and in compliance with City policies and the
Housing Element.
6. The tentative map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California Environmental
Quality Act, the GASP Final EIR, and the Initial Study -Mitigated Negative Declaration (IS -
MND).
7. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities.
R 10715
Resolution No. 10715 (2016 Series)
Conditions:
Page 3
Dedications and basements
1. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, open space, slope banks, construction, public and private streets,
pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be
shown on the final map and/or shall be recorded separately prior to or concurrent with the
first phase of the map, unless a deferral is requested by the subdivider and granted by the
City. Said easements may be provided for in part or in total as blanket easements.
2. The final map and improvement plans shall show the extent of all on-site and off-site offers
of dedication. Subdivision improvement plans and or preliminary designs may be required
for any deferred improvements so that dedication limits can be established. These
improvements may include but are not limited to road construction and widening, grading
and drainage improvements, utility easements, bridges, bike bridges, transit stops, bikeways,
pedestrian paths, signalized intersections, traffic circles, and roundabouts.
3. The subdivider shall dedicate a 10' wide street tree easement and 6' public utility easement
(P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and contiguous
with all public right-of-way lines bordering each lot. A 10' wide street tree easement and 6'
P.U.E. shall be provided along the frontage for all private streets. A 10' street tree easement
and 15' P.U.E. shall be provided along the Orcutt Road frontage (tract boundary).
4. The subdivider shall include a separate offer of dedication for any sections of the Orcutt
Area Specific Plan (OASP) Streets A, B, and/or C located outside the tract boundary if
needed for circulation, access, and/or utility extensions. The developer shall include the
offers of dedication for the Orcutt Road widening improvements in conjunction with or
prior to the map recordation. The developer shall include any other out -of -tract offers of
dedication related to the need for public utility extensions related to orderly development of
the OASP where not otherwise located within a public street.
5. All private improvements shall be owned and maintained by the individual property owners
or the Homeowner's Association (HOA) as applicable. Private improvements include but are
not limited to streets, sidewalks, private pedestrian/bike paths, sewer mains, water services,
drainage systems, detention basin(s), street lighting, landscape, landscape irrigation,
common areas, pocket parks, and linear park improvements.
6. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map to clarify development restrictions,
fee payments, conditions of development, and references to any pertinent conditions of
approval related to this map, off-site requirements, and/or the interaction of this
development to the remainder of the OASP.
R 10715
Resolution No. 10715 (2016 Series)
Page 4
7. Off-site easements and/or dedications may be required to facilitate through street access and
public water and sewer main extensions beyond the tract boundary and in accordance with
the GASP. Looped water mains may be required in accordance with the tentative map,
development phasing, and the City water model to provide adequate service and compliance
with adopted codes and standards.
8. Off-site dedication/acquisition of property for this public right-of-way purpose may be
necessary to facilitate orderly development and the anticipated OASP improvements.
The subdivider shall work with the City and the land owner(s) to acquire the necessary
rights-of-way. In the event the subdivider is unable to acquire said rights-of-way, the City
Council may consider lending the subdivider its powers of condemnation to acquire the off-
site right-of-way dedication, including any necessary slope and drainage easements. If
condemnation is required, the subdivider shall agree to pay all costs associated with the off-
site right-of-way acquisition (including attorney fees and court costs).
9. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed
Land Surveyor or Civil Engineer authorized to practice land surveying in the
State of California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge
in writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
R 10715
Resolution No. 10715 (2016 Series)
Page 5
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated
costs, as determined by the City Attorney, of the condemnation proceedings.
The City does not and cannot guarantee that the necessary property rights can
be acquired or will, in fact, be acquired. All necessary procedures of law would
apply and would have to be followed.
10. Fire Department access shall be provided for each construction phase to the satisfaction of
the Fire Chief. Phased street construction shall consider and provide suitable Fire
Department hydrant access, circulation routes, passing lanes, and turn -around areas in
accordance with current codes and standards.
11. All public streets shall conform to City Engineering Standards and OASP including curb,
gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City
Engineer. Where conflicts occur between the City Engineering Standards and concepts
identified in the GASP, final determination of shall design shall be provided by the City
Engineer. Traffic calming improvements may be required at select locations within the
subdivision. Improvements may include bulb -outs, elevated sidewalks/speed tables, or
alternate paving materials to the satisfaction of the Public Works Department and Fire
Department.
12. Final roadway alignment shall be consistent with the City Engineering Standards except
where the applicant has requested and been granted a formal exception.
13. Final roundabout geometry shall be consistent with applicable engineering standards and
design guidelines.
14. As part of public improvement plans review conversion of alleys / private road access points
from a street type entrance to a driveway style entrance. Make revisions as necessary to the
satisfaction of the Public Works Dept.
15. The developer shall record a Notice of Requirements with the map regarding the designed
and installed traffic calming devices and that the subdivision is not eligible for future
Residential Parking District or Neighborhood Traffic Management program processing.
16. The improvement plans shall include all final line -of -sight analysis at applicable
intersections to the satisfaction of the Public Works Department. Fence heights and
plantings in the areas of control shall be reviewed in conjunction with the analysis. A
separate recorded agreement or Notice of Requirements for private property owner or HOA
maintenance of sight lines may be required.
17. The final map and improvement plans shall include the required right-of-way, transit stop
easements, and all details and furniture of the required bus turnout to accommodate the
proposed new Type 1 bus stop along Orcutt Road per City Engineering Standards, ADA
requirements, the GASP, and current Short Range Transit plan. The final details and length
of the Orcutt Road bus turn-out/stop shall be approved to the satisfaction of the City Transit
R 10715
Resolution No. 10715 (2016 Series)
Page 6
Manager and Public Works Director. The sidewalk width and path of travel shall be
amended to comply with the ADA for transit stops. The turn -out length and geometry shall
be revised to accommodate the proposed recycled water truck hydrant. The space shall be
designed to accommodate a minimum 30' long, 5,000 gallon water truck.
18. The public improvement plans shall include full frontage improvements on Orcutt Road.
The plans shall show, at a minimum, all improvements including concrete curb, gutter, and
sidewalk per City Engineering Standards on the south side of Orcutt. The final street section
shall include; 6' integral sidewalk, 8' parking lane, 6' bike lane, 12' travel lane, and a 14"
two-way left turn lane, 12' travel lane, 6' bike lane, and a 5' detached sidewalk and
parkways in accordance with the tentative map, OASP, City Engineering Standards, and the
Cal Trans Highway Design Manual; the alternate street sections at the transitions, bridge(s),
bus turn -out, and roundabout shall be approved by the City; undergrounding of the overhead
utilities on the south (tract boundary) side; and any off -sites related to utility
undergrounding, utility relocations, or new appurtenances.
19. The roundabout at A Street and Orcutt shall comply with all pertinent City Engineering
Standards and The Highway Design Manual. Off-site traffic, pedestrian, and/or utility
improvements related to the design of the round -a -bout shall be clearly shown and noted in
the public improvement plans.
20. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water
Quality Control Board required for the street and road improvements shall be issued prior to
plan approval and/or commencing with work within the respective waterways.
21. The applicant shall conduct neighborhood speed surveys one year after occupancy of each
construction phase at locations approved by the Director of Public Works. If 85th percentile
speeds exceed current City NTM thresholds additional traffic calming measures shall be
installed. The applicant shall bond for these potential additional traffic calming measures.
22. All mitigation measures (MM) specific to Transportation requirements shall be provided as
detailed under Resolution No. XXXX (Approval of the MND), to the satisfaction of the City
Engineer.
23. The subdivider may present financing and reimbursement programs for transportation
improvements to be considered with approval and recordation of the initial final map for
VTM#3083. Any such program(s) will be subject to approval by the City Council.
24. The subdivider shall be responsible for securing any off-site right-of-way needs for
VTM#3083, and dedicating that right-of-way to the city as a condition of final map
approval.
25. The final map and improvement plans shall include the required right-of-way and all
construction details of the required improvements per City Engineering Standards and the
OASP.
R 10715
Resolution No. 10715 (2016 Series)
Page 7
26. Access rights shall be dedicated to the City along Orcutt Road and Street A except at
approved driveway locations as shown on the tentative map.
27. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all public
streets including Orcutt Road per City Engineering Standards.
28. Private street lighting may be provided along the private streets per City Engineering
Standards and/or as approved in conjunction with the final ARC approvals.
29. Final street sections shall be approved in conjunction with the review and approval of the
final project drainage report. The final design shall consider drainage, transitions, and
accessibility.
30. All future public streets shall conform to City Engineering Standards including curb,
gutter, and sidewalk, driveway approaches, and curb ramps. Traffic calming improvements
may be required at select locations within in the subdivision. Improvements may include
bulb -outs, elevated sidewalks/speed tables, or alternate paving materials to the satisfaction
of the Public Works Department and Fire Department. The vertical and horizontal controls
for A Street, streets A-2, A-3, and A-4 shall be shown to conform to the tentative map for
neighboring Tract 3044 (Wingate) unless an alternate design is otherwise approved by the
City.
31. Street trees are required as a condition of development. Street trees shall generally be
planted at the rate of one 15 -gallon street tree for each 35 lineal feet of property frontage.
Landscape plans may include grouping of trees to vary this standard, to achieve visual
variety or to honor line -of -sight corridors within the subdivision.
32. The public improvement plans shall provide a final analysis of the trees to be removed and
trees to be retained. The existing significant trees located along or across the tract boundary
shall be specifically addressed and approved for removal by the City. A tree preservation
plan shall be provided by a Certified Arborist for any trees to remain or to be relocated.
33. Improvement plans for the entire subdivision, including any off-site improvements shall be
approved to the satisfaction of the Public Works Department, Utilities Department, and
Fire Department prior to map recordation. Off-site improvements may include but are not
limited to roadways, sewer mains, water mains, recycled water mains, and storm drain
improvements. Off-site improvements may include off-site access roadways and utility
system improvements.
34. A separate demolition permit will be required from the Building Division for the removal of
any existing structures and related infrastructure. Building removals are subject to the
Building Demolition Regulations including the additional notification and timing
requirements for any structure over 50 -years old. The developer shall clarify any approvals
necessary to remove the existing miscellaneous structures that are shown to straddle the
easterly property line/tract boundary.
R 10715
Resolution No. 10715 (2016 Series) Page 8
35. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include any pertinent off-site water well and private waste disposal systems that are located
within regulated distances to the proposed drainage and utility improvements. The plan shall
include the proposed disposition of the improvements and any proposed phasing of the
removal and demolition. All structures and utilities affected by the proposed lot lines shall
be removed and receive final inspection approvals prior to map recordation.
36. If construction phasing of the new street pavement is proposed, the phasing shall provide for
the ultimate structural street section and pavement life (per the City's Pavement Management
Plan) prior to acceptance by the City. The engineer of record shall detail this requirement in
the public improvement plans, to the satisfaction of the Public Works Director.
37. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval, City codes, and standards. A truck circulation
plan and construction management and staging plan shall be included with the improvement
plan submittal. General truck routes shall be submitted for review and acceptance by the
City. The engineer of record shall provide a summary of the extent of cut and fill with
estimates on the yards of import and export material. The summary shall include rough
grading, utility trench construction, road construction, AC paving, concrete delivery, and
vertical construction loading estimates on the existing public roadways. The developer shall
either; 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre -construction condition,
or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards
and guidelines, or 3) shall propose a pavement repair/replacement program to the
satisfaction of the City Engineer prior to acceptance of the subdivision improvements.
38. Retaining wall and/or retaining wall/fence combinations along property lines shall be
approved to the satisfaction of the Planning Division and shall conform with the zoning
regulations for allowed combined heights or shall be approved through the ARC or separate
fence height exception process.
39. The ARC plans and public improvement plans shall show the location of the proposed mail
receptacles or mail box units (MBU's) to the satisfaction of the Post Master and the City
Engineer. Provide a mailbox unit or multiple units to serve all dwelling units within this
development as required by the Post Master. MBU's shall not be located along A Street,
Orcutt Road, or within the public right-of-way or public sidewalk area unless specifically
approved by the City Engineer. Contact the Post Master at 543-2605 to establish any
recommendations regarding the number, size, location, and placement for any MBU's to
serve the R-4 and R-2 neighborhoods.
40. Separate plans shall be submitted for the public park improvements and for any deferred
private site development. Parking lot designs shall comply with the parking and driveway
standards and Engineering Standard 2010. All parking spaces must be designed so that
vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that vehicles
can exit to the adjoining street in a forward direction in not more than two maneuvers.
R 10715
Resolution No. 10715 (2016 Series)
Page 9
41. The proposed perpendicular parking along Street A-2 shall be owned and maintained by the
Homeowners Association. The final street section, right-of-way, and easements shall be
approved by the City. Any public easements or private encroachment agreements required in
conjunction with the parking area shall be recorded in conjunction with the map. The
parking area shall comply with the Parking and Driveway Standards unless other designs are
approved by the Community Development Department.
42. The use of porous concrete or porous pavers shall be used for private parking areas, V -
gutters, private curb and gutter, etc. to the extent feasible within the over-all drainage design
for water quality treatment in accordance with the OASP.
43. Unless otherwise approved by the Public Works Department, the private alley connection to
streets A-2 and A-4 shall be completed with driveway approaches per City Engineering
Standards.
44. The subdivision improvement plans shall show that accessibility to all common areas within
the R-2 and R-4 neighborhoods and off-site park area is achieved per ADA and the CBC to
the satisfaction of the Building Division. Show access to BBQ and picnic tables, linear park
elements, mailbox units, etc.
Utilities
45. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be
served to each lot to the satisfaction of the Public Works Department and serving utility
companies. All public and private sewer mains shall be shown on the public improvement
plans and shall be constructed per City Engineering Standards unless a waiver or
alternate standard is otherwise approved by the City. The plans shall clearly delineate and
distinguish the difference between public and private improvements.
46. Specialized street pavement in the area of public storm drains, water and/or sewer
mains may create maintenance/replacement concerns and additional costs. The final
pavement sections shall be reviewed and approved in conjunction with ARC approvals and
public improvement plan review. A separate agreement and/or CC&R provision shall be
required to clarify that the West Creek Master HOA will have final street maintenance
responsibility in areas of specialized pavement where said pavement is damaged or removed
in conjunction with public improvements or maintenance of said public infrastructure.
47. Recycled water mains shall be installed in public streets in order to serve recycled water to
the city park, HOA maintained landscaped areas, temporary irrigation for mitigation areas,
and detention basins. The applicant shall work with the Water Division of the City's Utilities
Department to determine the appropriate size of all proposed recycled water mains.
48. City recycled water or another non -potable water source, shall be used for construction
water (dust control, soil compaction, etc.). An annual Construction Water Permit is available
from the City's Utilities Department. Recycled water is readily available near the
intersection of Tank Farm Road and Orcutt Road.
R 10715
Resolution No. 10715 (2016 Series) Page 10
49. Final grades and alignments of all public and/or private water, sewer and storm drains shall
be approved to the satisfaction of the Public Works Director and Utilities Department. The
final location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
50. The gas main may need to be located into a joint trench in accordance with PUC and utility
company standards to provide additional clearances within the pavement section of all
streets to accommodate the several City public utility mains.
51. The proposed public storm drain lines located within A-2, A-3, and A-4 streets shall be
relocated into the street pavement areas unless specific areas are specifically accepted by the
Public Works Department. Otherwise, storm drain lines located under parkways, curb,
gutter, and/or sidewalk shall be private for maintenance by the Homeowners Association.
52. The required extension of the existing public storm drains, culverts, or bridges for the street
improvements and widening on Orcutt shall be approved to the satisfaction of the Public
Works Department. The existing downstream outlets and creek corridors shall be cleared of
existing trash, debris, deadwood, failed infrastructure, and obstructions to the satisfaction of
the City.
53. The flowline for the outlet for the crossing at Fernwood shall be lowered to provide for free
flow and to minimize maintenance concerns from backwater, ponding, or sedimentation.
The culvert/bridge crossing at Lawnwood shall be evaluated for any material defects prior to
extending or abandonment. The existing CMP culvert in disrepair may need to be replaced
or lined to the satisfaction of the Public Works Department. The existing bridge and
headwall structural system shall be abandoned and backfilled in favor of a conventional City
Engineering Standard storm drain pipe to the satisfaction of the Public Works Department.
54. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations may be
required to justify service and meter sizing. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
pertinent map and/or construction phase.
55. Off-site utility improvements shall include water, sewer and recycled water as provided by
Mitigation Measures USS-VTM3083-1, -2 and -3, to the satisfaction of the Utilities
Director.
56. A reimbursement request, if proposed for the off-site water main upgrade, shall include all
pertinent details and analysis in accordance with City and State codes and ordinances and
shall be presented separately to the City Council.
R 10715
Resolution No. 10715 (2016 Series) Page 11
57. The City will not be responsible for replacement of any specialty street pavement within private
streets. City trench repairs within private streets will be backfilled and finished per City
Engineering Standards.
58. A final sewer report and supporting documentation for the OASP public sewer main
design shall be approved by the Utilities Department prior to approval of the public
improvement plans. The final sewer report shall discuss and present additional information
and assumptions on the system elevations and grades that will allow other OASP parcels to
utilize the proposed public sewer main in accordance with the OASP Wastewater Plan. The
applicant shall submit an analysis of a backbone system that shows the elevations and
grades that serve the adjacent parcels described in the study. The City will have the final
discretion on the extent and limits of the study if additional properties could reasonably
benefit from the proposed alignment.
59. The depth of the off-site and on-site sewer mains shall be approved to the satisfaction of
the Utilities Director. The depth analysis shall consider the balance between the possible
extent of the gravity sewer basin needed to serve the other OASP properties and the long-
term public maintenance requirements related to sewer depth.
60. The public improvement plan submittal shall show all existing and proposed overhead wire
utilities. Any existing overhead wiring within the tract boundary and adjoining Orcutt Road
shall be undergrounded in conjunction with the subdivision improvements. Unless otherwise
specifically approved, pole relocation in lieu of undergrounding is not supported.
61. Terminal end utility poles shall be located off-site unless otherwise approved by the City.
62. Preliminary undergrounding plans for the entire subdivision shall be processed through
PG&E and any respective wire utility companies in conjunction with public improvement
plan submittal. The undergrounding improvements shall be completed with each
construction phase unless otherwise required earlier for orderly development, or specifically
deferred to the satisfaction of the City.
63. Lighting fixtures, including public streetlights shall not exceed 16' in height in accordance
with the OASP unless otherwise required for traffic safety. The developer shall submit a
streetlight proposal for approval by the City Engineer for any public streetlights. Street
lights associated with the Orcutt Road improvements, signalized intersections, or round -a-
bouts. Street lighting shall comply with the OASP, Highway Design Manual and City
Engineering Standards.
64. The Applicant shall provide easements and all-weather access for proposed sewer connection
from the project's proposed "A" Street to Willow Circle. No trees shall be permitted in the
sewer easement.
R 10715
Resolution No. 10715 (2016 Series) Page 12
65. The existing sewer main located within the UPRR right of way at the Bullock Lane/Capitolio
crossing shall be upgraded/replaced from Bullock Lane to the manhole in Capitolio as a
condition of development. The applicant and engineer of record shall coordinate a field
meeting with Utilities Department staff prior to development of the plan and submittals to the
respective agencies.
66. The developer shall submit an application and design for the new sewer to the City and
UPRR in conjunction with the first phase of development and initial public improvement
plan submittal. The installation shall be completed and final inspection approvals granted
prior to the issuance of the building permit for the 301h residential unit.
67. Off-site utility improvements shall include the water main upgrade/replacement and
extension from the High Pressure/Bishop Pressure zone at the intersection of
Tanglewood/Johnson Avenue to serve the subdivision and replacement of the water main in
Orcutt Road from the Orcutt/Johnson intersection to A Street. Pipe sizing is contingent upon
the modeling for the proposed development phases and looping of the main. Pressure
regulating valves (including connection with the City's SCADA system), control valves, or
other appurtenances may be required by the Utilities Department as a part of the required
water system improvements to be certain that the new area interacts properly with the
existing water system.
68.Recycled water mains shall be extended from Tank Farm Road in coordination with other
development in the OASP for irrigation of common area landscaping, streetscape, and any
irrigated park or open space areas. A metered recycled water filling station shall be provided
on Orcutt Road. Applicant shall work with the Water Division of the City's Utilities
Department to determine the appropriate size of all proposed recycled water mains.
69. Irrigation systems using recycled water shall be designed and operated as described consistent
with the City's Procedures for Recycled Water Use, including the requirement that sites
utilizing recycled water require backflow protection on all potable service connections. Three
sets of irrigation plans shall be submitted to the Building Department for review during the
City's building permit review process.
70. Potable city water shall not be used for major construction activities, such as grading and
dust control, as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's
Municipal Code. Recycled water is available through the City's Construction Water Permit
program. Information on the program is available at:
http://www.slocity.org/home/showdocument?id=5909
71. Final alignment of all water and sewer mains to be approved by the Utilities Department.
72. The project's Landscape Plan shall be consistent with provisions of the City's declared
drought emergency (estimated total water use (ETWU) cannot exceed 50 percent of
maximum applied water allowance or (MAWA)).
R 10715
Resolution No. 10715 (2016 Series)
Gradine, Drainage & Storm Water
Page 13
73. Any permit approvals required from the Army Corp of Engineers, Californian Fish and
Wildlife, or the Regional Water Control Board shall be secured and presented to the City
prior to the approval of any subdivision grading and/or improvements related to the
proposed phase of construction. The engineer of record shall review the permit approvals
and any specific permit conditions for compliance with the plans, subdivision improvement
designs, drainage system design/report, and soils report. The engineer of record shall
forward the permits to the City with a notation that the permits have been reviewed and are
in general conformance with the design of the improvements.
74. The public improvement plans submittal shall clarify how any wetlands, creek corridors, and
riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager.
Include any specific details for the proposed creek crossings in accordance with any
preservation strategies, mitigation measures, and higher governmental authority agency
permits. Sensitive areas shall be staked, fenced, or otherwise delineated and protected prior
to commencing with construction, grading, or grubbing.
75. The developer shall exhaust reasonable efforts to eradicate and control the expansion of any
known non-native and invasive species including but not limited to the Tree of Heaven and
Castor Bean plants to the satisfaction of the Natural Resources Manager. These plants may
require treatment in advance and prior to commencing with ground disturbing activities and
grading.
76. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all
graded pads and for in-situ soils on natural lots in accordance with the current Building
Codes or where deemed necessary by the City Engineer or Building Official.
77. Final pad certifications shall include the certification of pad construction and elevations. The
soils engineer shall certify all grading prior to acceptance of the public improvements and/or
prior to building permit issuance. The certification shall indicate that the graded pads are
suitable for their intended use.
78. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement
plans and final map shall reflect any additional improvements and private easements
necessary for slope protection and maintenance. Unless otherwise approved for public
maintenance by the City Engineer, brow ditches and drainage collection devices upslope of
building sites shall be maintained by the HOA.
79. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or private
roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable. The
submittal shall provide additional analysis if site accessibility will not be provided and for any
feature or element where accessibility is purportedly not required. The accessibility regulations
or guidelines in effect at the time of subdivision improvement construction will be applied.
R 10715
Resolution No. 10715 (2016 Series) Page 14
80. Unless updated by subsequent regulations or guidelines, the sidewalks within the private
streets shall be widened to 5' or shall provide a 4' clear width with 5' passing lanes in
accordance with the current ADA regulations.
81. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall
show and note compliance with City Codes, Standards and Ordinances, Floodplain
Management Regulations, OASP stormwater provisions, Waterways Management Plan
Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated
by the Regional Water Quality Control Board, whichever pertinent sections are more
restrictive.
82. The improvement plan submittal shall include a complete grading, drainage, and erosion
control plan. The proposed grading shall consider the proposed construction phasing.
Historic off-site and upslope watersheds tributary to the area of phased construction shall be
considered. Run-off from adjoining developed or undeveloped parcels shall be considered.
83. The calculated 100 -year flood limits shall be shown and noted on the improvement plans and
an additional final map sheet for reference. The drainage report and final plans shall clarify
the 100 -year flood elevations, clearances, and freeboard at all new vehicle bridge, pedestrian
bridge, and pipe bridge crossings of the creek corridors.
84. The engineer of record shall provide a digital copy of the final HEC -RAS modeling to the
City in accordance with Section 4.0 of the Waterways Management Plan Drainage Design
Manual.
85. The developer shall prepare an Operations and Maintenance Manual for review and approval
by the City in conjunction with the development of any stormwater BMP's that will be
maintained by the HOA or by the respective private property owner. A Private Stormwater
Conveyance Agreement shall be recorded in a format provided by the City prior to final
inspection approvals and acceptance of subdivision improvements.
86. The subdivider/developer shall provide notification to private property owners regarding any
individual maintenance responsibility of any parkway or backyard stormwater BMP's in
accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The notification may
be by Notice of Requirements or other method acceptable to the City.
87. The stormwater improvements other than City Standard public storm drain infrastructure shall
be maintained by the HOA. A separate encroachment/hold harmless agreement may be
required in conjunction with certain improvements proposed for location within the public
rights-of-way
88. The final details for the proposed bioretention facilities located within the public right -of- way
shall be approved to the satisfaction of the City Engineer. The project soils engineer shall review
and provide recommendations on the proposed site constructed and/or proprietary retention
systems. Analysis of impacts to the public improvements, protection of utilities, and methods to
minimize piping and protection of private properties shall be addressed in the final analysis.
R 10715
Resolution No. 10715 (2016 Series) Page 15
89. The proposed detention basins and any pre -basin shall be designed in accordance with the
OASP requirements and the Waterways Management Plan Drainage Design Manual. The
proposed surface runoff and drainage from the detention basin(s) shall include a non- erosive
outlet to an approved point of disposal. The outlet(s) design and location should replicate the
historic drainage where feasible. Any off-site detention basin, temporary basin, or other
drainage improvements shall be approved by the City. Any required or proposed off-site
grading or drainage improvements shall be completed within recorded easements or under an
appropriate license or other private agreement.
90. The subdivider shall submit CC&R's with the Final Map that establishes a Homeowner's
Association (HOA). The HOA shall provide for the optional automatic annexation of all other
tracts in the OASP as it relates to the shared regional detention basin. The subsequent tracts
may, at their sole discretion, annex to the HOA, or demonstrate to the city's satisfaction how
they will provide storm drainage mitigation through their own subdivision design and HOA.
The HOA shall provide for maintenance of all private common area drainage channels, on-site
and/or sub -regional drainage basins, water quality treatment and conveyance improvements.
The CC&R's shall be approved by the City and shall be recorded prior to or concurrent with
recordation of the Final Map. A Notice of Annexation or other appropriate mechanism to
annex other subdivisions into the HOA, including but not limited to the shared regional
detention basin, shall be recorded concurrently with the map.
91. The naming of the local creeks and drainages shall comply with the appropriate and pertinent
creek naming standards and justifications. The inclusion of the naming on the final map
and/or improvement plans shall be approved by the City prior to map and/or plan approval as
applicable.
92. All bridging, culverting and modifications to the existing creek channels along with any
necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be in compliance with the OASP, city
standards and policies, the Waterways Management Plan and shall be approved by the Natural
Resources Manager, Public Works Department, Army Corp of Engineers, the Regional Water
Quality Control Board, and California Fish & Wildlife.
93. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the satisfaction
of the City Engineer, Natural Resources Manager, and other permitting agencies.
94. The project soils engineer shall review the final grading and drainage plans and Low Impact
Development (LID) improvements. The soils report shall include specific recommendations
related to public improvements, site development, utility, and building pad/foundation
construction related to the proposed LID improvements. The project soils engineering report
shall be referenced on the final map in accordance with the Subdivision Regulations and City
Engineering Standards.
95. The final plans and drainage report shall show and note compliance with City Engineering
Standard 1010.13 for spring or perched groundwater management and for water quality
treatment of run-off from impervious streets, drive aisles, parking areas, and trash enclosure.
R 10715
Resolution No. 10715 (2016 Series) Page 16
96. A SWPPP is required in accordance with State and local regulations. A hard copy of the
SWPPP shall be provided to the City in conjunction with the Public Improvement Plan
submittal and subsequent building plan submittals. The WDID number shall be included by
reference on all construction plans sets. An erosion control plan shall be included with the
improvement plans and all building plan submittals for demolitions, grading, and new
construction.
97. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County Air
Pollution Control District (APCD) regarding compliance with all local, state, and federal
regulations including but not limited to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations related to Naturally Occuring Asbestos (NOA).
Fire
98. All streets that are less than 28 feet in width shall be posted "No Parking — Fire Lane" on
both sides. Streets less than 36 feet in width shall be posted on one side only.
99. The project shall provide water mains and city -standard fire hydrants to provide a minimum
needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior walls of all
proposed structures. Fire hydrant spacing shall not exceed 500 feet.
Homeowners'Association
100. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by
the City Attorney and Community Development Director prior to final map approval that
establishes a "Master Homeowner's Association" (Master HOA). To the extent desired by
the subdivider, individual phases of the project may include sub- associations. CC&R's shall
minimally contain the following provisions that pertain to all lots:
a. The initial set of CC&R's provided for the VTM#3083 final map shall provide for
automatic annexation of subsequent phases to the Master HOA. A graphic or other
exhibit describing all properties to be annexed to the West Creek Master HOA shall be
included with any CC&R's for VTM#3083.
b. All private improvements shall be owned and maintained by the individual property
owners, sub -associations or the Master Homeowner's Association as applicable. Private
improvements include but are not limited to streets, sidewalks, pedestrian and bike paths,
sewer mains, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, and common area improvements.
c. Grant to the city the right to maintain common areas if the HOA fails to perform, and to
assess the HOA for expenses incurred, and the right of the city to inspect the site at
mutually agreed times to assure conditions of CC&R's and final map are being met.
d. No parking except in approved, designated spaces.
R 10715
Resolution No. 10715 (2016 Series)
Page 17
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. The responsibility for the placement of the trash and recycling containers at the street on
collection days will be the responsibility of the property owner's association. The
property owner's association shall coordinate with San Luis Garbage Company regarding
the collection time and preferred location for the placement of trash and recycling
containers to minimize the obstruction of project streets.
h. No changes in city -required provisions of the CC&R's will be considered valid and in
effect without prior City Council approval.
i. Provision for all of the maintenance responsibilities outlined in various conditions.
Pianninu Requirements
101. At the time of submittal of a request for a final map, the subdivider shall provide a written
report detailing the methods and techniques employed for complying with all required
environmental mitigation measures as adopted herein.
102. In order to be consistent with the requirements of the Orcutt Area Specific Plan and County
Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit
and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San
Luis Obispo County Airport via an avigation easement document prior to the recordation of
the final map.
103. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure concerning
the noise, safety, or overflight impacts associated with airport operations prior to entering any
contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties
within the airport area.
104. Provisions for trash, recycle, and green waste containment, screening, and collection shall be
approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed
refuse storage area(s) and on-site conveyance shall consider convenience, aesthetics, safety, and
functionality. Ownership boundaries and/or easements shall be considered in the final design.
Any common storage areas shall be maintained by the HOA and shall be included in the CCR's
or other property maintenance agreement accordingly. The solid waste solutions shall be
shown and noted on the submittal(s) for Architectural Review Commission (ARC) approvals.
105. Prior to the issuance of building permits for residential units, the Architectural Review
Commission shall review the residential building program, including building and landscape
improvements, and provide comments and recommendations to the Community Development
Director. Final architectural design approval authority shall be vested in the Community
Development Director. Director decisions may be appealed pursuant to standard city policies.
R 10715
Resolution No. 10715 (2016 Series)
Page 18
106. Prior to the recording of any phase of the final map, the applicant shall enter into an Affordable
Housing Agreement with the City Council that details the timing of construction of affordable
units on-site and contains guarantees for failure to complete any or all of the affordable housing
units (such as collecting affordable housing in -lieu fees, cash guarantees for the completion of
the affordable units, providing a letter of credit, bond or other financial guarantee to assure
compliance).
107. A construction phasing plan shall be submitted to the Community Development Director
prior to the issuance of the first building permit.
108. The subdivider shall develop a Construction Management Plan for review and approval
by the Public Works and Community Development Directors. The plan shall be submitted
prior to the issuance of a building permit for proposed project buildings and/or a phase of
buildings. In addition, the contractor or builder shall designate a person or persons to monitor
the Construction Management Plan components and provide their contact names and phone
numbers. The Construction Management Plan shall include at least the following items and
requirements:
a. A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, directional
signs for construction vehicles, and designated construction access routes.
b. Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries and more intensive site work may be occurring.
b. Location of construction staging areas which shall be located on the project site, for
materials, equipment, and vehicles.
d. Identification of haul routes for movement of construction vehicles that would minimize
impacts on vehicular and pedestrian traffic, circulation and safety, and noise impacts to
surrounding neighbors.
e. The applicant shall ensure that the construction contractor employs the following noise
reducing measures:
i. Standard construction activities shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Saturday.
U. All equipment shall have sound -control devices no less effective than those provided
by the manufacturer. No equipment shall have un -muffled exhaust pipes; and
iii. Stationary noise sources shall be located as far from sensitive receptors as possible,
and they shall be muffled and enclosed within temporary sheds, or insulation barriers or
other measures shall be incorporated to the extent possible.
R 10715
Resolution No. 10715 (2016 Series) Page 19
f. Temporary construction fences to contain debris and material and to secure the site.
g. Provisions for removal of trash generated by project construction activity.
h. A process for responding to, and tracking, complaints pertaining to construction
activity.
i. Provisions for monitoring surface streets used for truck routes so that any damage and
debris attributable to the trucks can be identified and corrected.
j. Designated location(s) for construction worker parking.
109. Parklands Development Fee Credit. In exchange for development of the "West Creek
neighborhood parks" (described as Lots 68, 69, 71, 72) or such other configuration of lots as
finally agreed upon by the city, the subdivider shall be entitled to a parklands development fee
credit of up to the allowed one-half of the overall parkland fee for improving and maintaining
the referenced lots for public city use. The credit amount shall be considered by the Parks and
Recreation Commission, with their recommendation to the City Council prior to recordation
of a final map. The Parks and Recreation Commission shall be responsible for Final Design
Review of the referenced parks prior to construction.
110. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify and
hold harmless the City and/or its agents, officers and employees from any claim, action or
proceeding against the City and/or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
111. Conditions relating to phasing and timing of infrastructure are approved as contained herein,
or as approved by the Community Development and Public Works Directors during review of
public improvement plans and final maps.
112. Financing and "fair share" contribution plans may be submitted for City Council review with
any final map application. The City Council will have sole discretion as to any
reimbursement and/or fee credit programs implemented with said final maps.
Upon motion of Council Member Christianson, seconded by Council Member Rivoire, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
and Vice Mayor Carpenter
NOES: None
ABSENT: None
RECUSED Mayor Marx
R 10715
Resolution No. 10715 (2016 Series)
The foregoing resolution was adopted this 17`h day of May, 2016.
ATTEST:
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
Of
J.hristine Dietrick
City Attorney
Page 20
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this —� day of
Lee Price, MMC
Interim City Clerk
R 10715