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HomeMy WebLinkAboutR-10884 ADOPTING A COMMON INTEREST VESTING TENTATIVE TRACT MAP NO. 3111 TO CREATE 30 RESIDENTIAL LOTS AND AN HOA LOT ON THE PRATT PROPERTYRESOLUTION NO. 10884 (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING A COMMON INTEREST VESTING TENTATIVE TRACT MAP NO. 3111 TO CREATE 30 RESIDENTIAL LOTS AND AN HOA LOT ON THE PRATT PROPERTY, PARCEL 2 OF VESTING TENTATIVE PARCEL MAP SLO-17-0127, WITHIN THE ORCUTT AREA SPECIFIC PLAN WITH A STATUTORY EXEMPTION FROM ENVIRONMENTAL REVIEW IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65457 (SBDV-1225-2017) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 28, 2018 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SBDV-1225-2017, a vesting tentative tract map subdividing an approximately 1.89 -acre site into 31 lots; WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on May 1, 2018 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SBDV-1225-2017, a vesting tentative tract map subdividing an approximately 1.89 -acre site into 31 lots; WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council adopts the following findings in support of the project: a) 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 and will be consistent with the density and project amenities established by the Orcutt Area Specific Plan (OASP). b) The site is physically suited for the type and density of development allowed in the medium-high density (R -3 -SP) zone. c) The design of the vesting tentative tract map and the proposed improvements are not likely to cause serious health problems or substantial environmental damage since further development or redevelopment of the proposed parcels will occur consistent with Final EIR for the Orcutt Area Specific Plan and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. Resolution No. 10884 (2018 Series) Page 2 d) The design of the subdivision is consistent with the pattern of development prescribed in the Orcutt Area Specific Plan. e) 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. SECTION 2. Environmental Review. The project is statutory exemption from environmental review in accordance with Government Code section 65457 because the subdivision is: a) For a residential project; b) Consistent with the Orcutt Area Specific Plan; c) No substantial changes have occurred as specified in Section 21166 of the Public Resources Code; and d) Located within a specific plan with a Final EIR that was certified on March 2, 2010 by the City Council. SECTION 3. Action. The City Council approves application SBDV-1225-2017 (VTM No. 3111), a vesting tentative tract map to create up to 30 residential lots and one HOA lot, subject to the following conditions: Planning Division — Community Development Department 1. 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. 2. 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. 3. 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 OCR's or other property maintenance agreement accordingly. The solid waste solutions shall be shown and noted on the submittal(s) for architectural review. 4. The project shall require architectural review to the satisfaction of the Community Development Director. Resolution No. 10884 (2018 Series) Page 3 5. The project shall comply with the mitigation measures outlined in the Orcutt Area Specific Plan EIR as approved by City Council in Resolution No. 10154 (2010 Series) prior to the approval of building plan permits. 6. The proposed project was deemed complete on January 17, 2018 and as such, the impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at the time the Vesting Tentative Map was deemed complete (adjusted for CPI increases), unless the vesting rights have expired as set forth in Government Code Section 66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in effect at time of building permits. 7. 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. Engineering Division — Public Works/Community Development Department Dedications and Easements 8. Any easements including but not limited to provisions for all public and private streets, utilities, access, grading, drainage, slope banks, construction, 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 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. 9. 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, and street/intersection improvements. 10. Access rights shall be dedicated to the City along Tiburon except at approved driveway locations and intersections as shown on the tentative map or as otherwise approved by the City. 11. The subdivider shall dedicate a 10' wide street tree easement and 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. 12. 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 private pedestrian/bike paths, private open space, drainage systems, detention basin(s), landscape, landscape irrigation, common areas, pocket parks, and linear park improvements. I IM 1::•� Resolution No. 10884 (2018 Series) Page 4 13. 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, conditions of development, and references to any pertinent conditions of approval related to infrastructure phasing by others. 14. 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. 15. 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). 16. 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. The 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; i i i. 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 1.. Resolution No. 10884 (2018 Series) Page 5 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. 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. Transportation 17. 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. Building permits for combustible construction may be withheld until adequate services and access are provided. 18. The improvement plans and on-site development plans shall include all final line -of -sight analysis at driveways and 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. Improvement Plans 19. 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, and storm drain improvements. 20. The developer shall clarify whether this subdivision will be providing a new set of subdivision improvement plans to augment the approved Righetti Ranch subdivision improvement plans or whether the Righetti Ranch plans will be revised to accommodate this specific development. 21. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval. 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. Unless otherwise waived by the City Engineer, 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 Resolution No. 10884 (2018 Series) Page 6 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. 22. The architectural plans and subdivision 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 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. 23. Project addressing shall be established in conjunction with the subdivision improvement plans and/or development plans. Private street naming, if proposed, shall comply with City standards and addressing guidelines. 24. Street trees are required as a condition of development. Tree species and planting requirements shall be in accordance with City Engineering Standards. Street trees shall generally be planted at the rate of one 15 -gallon street tree for each 35 lineal feet of property frontage. The subdivision improvement plans/landscape plans shall show all required street tree plantings unless otherwise provided by others. Utilities 25. 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 subdivision 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. 26. 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. 27. 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 subdivision improvement plans. 28. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all public streets including Orcutt Road per City Engineering Standards. 1.. Resolution No. 10884 (2018 Series) Page 7 29. Private street lighting shall be provided along the private streets per OASP lighting requirements, City Engineering Standard and/or as approved in conjunction with final architectural approvals. 30. 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. Private street lights shall comply with OASP requirements and shall be approved to the satisfaction of the Planning Division. Grading, Drainage & Stormwater 31. 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. 32. 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. 33. 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. On site accessibility shall be reviewed and approved to the satisfaction of the Building Official. 34. 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. 35. 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-on from adjoining developed or undeveloped parcels shall be considered. 36. The subdivision improvement plans and/or the on-site development plans shall include a drainage report to show compliance with the Drainage Design Manual, Post Construction Stormwater Regulations, and OASP requirements. The report shall include pertinent references to the Righetti Ranch master drainage report and improvements where applicable. 1.. Resolution No. 10884 (2018 Series) Page 8 37. 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. 38. The subdivider/developer shall provide notification to private property owners regarding any individual maintenance responsibility of any non -HOA stormwater BMP's in accordance with Section E.2 of the RWQCB Resolution R3-2013-0032. The notification may be by Notice of Requirements or other method acceptable to the City. 39. The stormwater improvements other than City Standard public stormdrain infrastructure shall be maintained by the HOA. A separate encroachment/hold harmless agreement may be required in conjunction with any improvements proposed for location within the public rights- of-way. 40. The final details for the proposed bioretention and private stormwater management facilities along with any improvements located within the public right-of-way shall be approved to the satisfaction of the City. 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. 41. 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 the subdivision proposed for Parcel 3 as it relates to any shared stormwater BMP's, access, or utilities. The CC&R's shall be approved by the City and shall be recorded prior to or concurrent with recordation of the Final Map. 42. 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. 43. 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 enclosures. 44. 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. 1.. Resolution No. 10884 (2018 Series) Page 9 45. 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 Occurring Asbestos (NOA). Transportation Division - Public Works Department 46. Parking bay and stall dimensions shall meet City Engineering Standards. 47. In future submittal for parkway landscaping design along Tiburon Road, street trees or other landscaping exceeding 36" in height shall be located outside of sight distance triangle at site driveways. 48. Project shall establish vehicle & pedestrian access easement between Parcel 1, 2 and 3. Final maps shall include continuous sidewalk along the private drive aisle (shown in Street Section C) extending to western parcel line to facilitate pedestrian connectivity between Parcel 1 and Parcel 2. Utilities Department 49. The final map shall include utility infrastructure in accordance with the engineering design standards in effect during the time a building permit is obtained and shall have reasonable alignments and clearances needed for maintenance. 50. The final maps shall include a sewer service study and additional off-site analysis of the proposed sewer services. The study scope shall be established and approved to the satisfaction of the Utilities Department. The study shall establish the minimum depth and pipe size of the required sewer system. 51. Sewer flow rates and flow velocities shall comply with the requirements of the 2016 Wastewater Collection System Infrastructure Renewal Strategy. 52. Prior to issuance of a building permit, the development's recycled water system shall comply with the requirements of the 2017 Recycle Water Master Plans and service area requirements. 53. Water flow rates and flow velocities shall comply with the requirements of the 2016 Potable Water Distribution System Operations Master Plan. The frontage improvements shall include construction of a 12 -inch water main along Bullock, and new service connections from the existing water main along the Tiburon and Ranch House Road. 54. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on-site service laterals and meters shall be approved by the Utilities Director in 1.. Resolution No. 10884 (2018 Series) Page 10 conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 55. Revisions to the existing sewer and water infrastructure, that may result from the proposed project, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of the services. 56. Management of refuse generations for waste, recyclables, and organics shall comply with state law per AB 1826, and the local waste management ordinance to reduce greenhouse gas emissions. Upon motion of Vice Chair Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 1" day of May 2018. Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney 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 , Teresa Purrington, City Clerk 1.. Resolution No. 10864 (2018 Series) Page 10 conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 55. Revisions to the existing sewer and water infrastructure, that may result from the proposed project, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of the services. 56. Management of refuse generations for waste, recyclables, and organics shall comply with state law per AB 1826, and the local waste management ordinance to reduce greenhouse gas emissions. Upon motion of Vice Chair Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 1St day of May 2018. May He' i Harmon ' ATTEST: Teresa Purrington, City 111:&k APPROVED AS T FORM: J pristine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ).O�*- day of , ZG IT Teresa Purrington, City rk