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HomeMy WebLinkAbout10-01-2019 Item 06 - Final Map for Tract 3063, 3987 Orcutt Rd. (FMAP 2005-2018) Department Name: Community Development Cost Center: 4003 For Agenda of: October 1, 2019 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Steve LaChaine, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3063 - PHASE 2, 3987 ORCUTT ROAD (FMAP 2005-2018) RECOMMENDATION Adopt a resolution (Attachment A) approving the Final Map for Tract 3063 – Phase 2 located at 3987 Orcutt Road and authorize the Mayor to execute a Subdivision Agreement and Private Access Drainage Easements. REPORT-IN-BRIEF A vesting tentative map for Tract 3063 (all phases) was approved by the City Council on May 19, 2015 (Attachment B). Amended conditions and mitigation measures were approved by the City Council on February 15, 2018 per Resolution No. 10861 (Attachment C). Phase 2 of the final map has been submitted and the Public Works Director has determined that the Phase 2 final map is in substantial compliance with the tentative map. Once the map is approved by the Council and all the appropriate fees and securities are submitted to guarantee completion of the Phase 2 improvements, the map can be recorded. DISCUSSION Tract 3063-2 (FMAP 2005-2018) is located at 3987 Orcutt Road (Attachment D). This subdivision is commonly known as the Righetti subdivision. A vesting tentative map for Tract 3063 (all three phases) was approved by the City Council on May 19, 2015, by Resolution No. 10619 (2015 Series) (Attachment E). The tentative map approved the creation of 87 (Phase 2) single-family residential lots, 32 multi-family residential lots, three lots for private pocket parks and one lot for a private drainage basin. Due to the size of the tentative map, only sheets of the tentative map that are pertinent to the final map approval are included (Attachment F). Tract 3063-Phase 2 will create 124 lots consisting of: 1. 87 single-family lots 2. 32 multi-family residential lots 3. Three small public park lots 4. One private drainage basin lot 5. One private street lot Packet Page 13 Item 6 There are many requirements for the project as established by the conditions of approval including mitigations from the environmental review (mostly from Phase 1). Righetti Ranch LP (Subdivider) has requested deferment of some of the improvements for the project to coincide with the scale of the phased areas as well as address financial outlay issues. The following are descriptions of these requests and staff recommendations. Tank Farm Road Frontage Improvements (from Phase 1) The frontage improvements on Tank Farm Road required by the OASP and the tentative map for Tract 3063 consist of: 1. A new intersection at Tank Farm and Righetti Ranch Road 2. Curb, gutter and sidewalk on the northerly side of Tank Farm 3. Left-turn pockets at the existing intersections of Brookpine and Wavertree There already exists one travel lane and one bike lane in each direction and curb, gutter, and sidewalk on the southerly side. Conditions #30 and #116 of the tentative map for Tract 3063 require construction of all the frontage improvements on Tank Farm Road with Phase 1, unless otherwise deferred by the Public Works Director and Community Development Director. The Subdivider is requesting deferral of some of the Tank Farm frontage improvements to make the project economically viable and to offset some of the increased cost of constructing the Tank Farm Road/Righetti Ranch Road roundabout up front The frontage improvements on Tank Farm Road required for Phase 1 have been completed. The roundabout allows pedestrians to cross Tank Farm Road at Righetti Ranch Road and travel on the south side of the street to Islay Park and/or French Park. This reduces the need for the full sidewalk connection on the north side of Tank Farm Road all the way to Orcutt Road as part of Phase 1 or Phase 2. Left-turn pockets (interim) at the Brookpine and Wavertree intersections were completed with Phase 1, improving the safety at these intersections by removing the turn queues in the through lanes that existed. The remainder of the Tank Farm Road frontage improvements, from the railroad tracks to Orcutt Road, including permanent left-turn pockets for Brookpine and Wavertree, will be deferred to a future phase. Orcutt Road Frontage Improvements The frontage improvements on Orcutt Road required by the Orcutt Area Specific Plan (OASP) will be completed in conjunction with each respective map and construction phase, and consist of, at a minimum: 1. One 12-foot wide travel lane in each direction 2. A 6-footwide bike lane in each direction 3. A center turn lane 4. Curb, gutter, and sidewalk on the westerly side of Orcutt Conditions #27 and #116 of the tentative map for Tract 3063 require construction of all the improvements on Orcutt Road from Tiburon Way to Tank Farm Road (noted above) and along the Tract 3066 (Jones) frontage with Phase 1 unless otherwise deferred by the Public Works Director and Community Development Director. This requirement was established prior to Packet Page 14 Item 6 finalization of phasing for all the subdivisions in the area. In order to make the project economically viable, the Subdivider is requesting that some of the frontage improvements be deferred to spread out the costs among the various phases of the project. The balance of Orcutt Road improvements will be completed with Phase 3 and with the Orcutt-Tank Farm roundabout. The limits of the full-width frontage improvements on Orcutt Road currently proposed have been covered with the Tract 3063 Phase 1, Tract 3066, and Tract 3095 maps. The remainder of the Tract 3063 Orcutt Road improvements will be deferred to a future phase. Tank Farm/Orcutt Intersection Improvements There were three potential improvements envisioned in the OASP for the intersection of Tank Farm Road at Orcutt Road. These consisted of 1) initial improvements by constructing an extension of the southbound right turn lane on Orcutt Road, 2) major realignment of the intersection to square up the Orcutt approach and 3) increasing traffic control when warranted. The traffic study for the EIR of the OASP was conducted in 2010. Assessment at that time indicated that the intersection would likely satisfy traffic signal warrants in the PM Peak but that installation of a 200-foot right turn pocket on southbound Orcutt Road would offset the additional delay caused by the project (by separating right and left turning traffic). Constructing the lane extension is required as part of OASP development along with the payment of fees associated with future signalization of the intersection. It is important to note these improvements were predicated on full development of the entire OASP area and not analyzed for individual subdivision phasing or timing. Subdivisions approved to date, including Tract 3063, have not been required to construct a signal at the Tank Farm Road/Orcutt Road intersection as part of approval. Rather, Tract 3063 was required to construct the 200’ long right turn lane to help mitigate the increase in traffic from the subdivision. The original Mitigation Measure T-1(a) of the Mitigated Negative Declaration (MND) (prepared for Tract 3063) requires the project to construct the 200’ long right-turn lane prior to issuance of any building permit for Phase 1. This language was different from the OASP EIR which recommended completion of the work by issuance of occupancy permits. Condition #28 also discusses the turn pocket but requires the southbound right turn lane (and the skew be eliminated) prior to occupancy. Additionally, language in other conditions of Tract 3063 allow the Subdivider to request deferment or scaling of improvements subject to approval of the Public Works Director. Off site of improvements listed above shall be completed prior to occupancy of TR 3063 Phase 2. Packet Page 15 Item 6 The Subdivider had requested clarification of the language conflict between the mitigation measure and conditions of approval and based upon field constraints and has requested deferment of the full 200-foot right turn pocket until Phase 2. The constraints that are affecting implementation of the improvements include: 1) inability to complete property acquisition due to complexity and timing from a clouded title for the northwest corner property, 2) inability to acquire the right of way to relocate exiting above ground power poles and utilities, and 3) inability to acquire the right of way to widen the creek culvert and receive permitting for work during seasonal allowance. The Subdivider had requested deferment based upon these issues and has proposed a partial improvement of extending the right turn lane to 100-feet (temporarily avoiding the creek culvert) and constructing the full improvement when right of way is acquired. The temporary right turn lane extension has been completed. Staff analyzed this request and performed an assessment of the traffic associated with Phase 1 and Phase 2 development of Tract 3063. As part of that review, approximately 300 units could be built with the 100-foot right turn lane extension and the City Level of Service (LOS) would be acceptable. As long as the Subdivider continues to acquire the right of way and completes the full improvements as part of Phase 2, staff support this request in conjunction with Phase 1 of the Figure 1 - ROW and Above Ground Utility Conflicts TFR at Orcutt Road Limited ROW Culvert Above Ground Power Poles 200’ Packet Page 16 Item 6 map. It is important to note that the Subdivider submitted a security to guarantee completion of the 200-foot long right turn lane and elimination of the skew prior to recordation of the Phase 1 map. Subsequent to the original and revised conditions of approval and timing for certain circulation improvements, the City and developer have agreed to a roundabout in-lieu of a signalized intersection and dedicated right turn pocket. The City may take the lead on the preferred roundabout control at this intersection. Bicycle and Pedestrian Access Condition #32 for tentative Tract 3063 requires completion of bicycle and pedestrian paths to connect Tracts 3063, 3066, and adjoining OASP neighborhoods with Islay Park in Phase 1. A mix of pedestrian/bicycle trails, sidewalks, and on-street bike lanes are being constructed in Phase 1 and Phase 2 to satisfy this condition. These paths will provide connectivity from Islay Park to the Tract 3063 central neighborhood park and to future Orcutt Area Specific plan developments immediately adjacent to Tract 3063. Some of the paths may be eligible for TIF credit consistent with the OASP and the updated OASP Public Facilities Financing Plan (PFFP) approved by Council on November 15, 2016. Reimbursement Agreement Conditions #36 and #117 of the Tract Map, allowed the Subdivider to present financing and reimbursement programs for infrastructure improvements to be considered with any final map application. The reimbursement has been approved per City Council Resolution No. 10812 (2017 series), dated June 7, 2017 (Attachment G). Approving the Final Map The tentative map had an initial two-year life per Municipal Code Section 16.10.150. The tentative map life has been extended to May 19, 2020. The final map for Tract 3063-Phase 2 (Attachment H) is ready to be approved and recorded. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is in substantial compliance with the tentative map and approved modifications thereof. Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” The approval of a final map is considered a mini sterial action. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement (Attachment I). The resolution approving the final map also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. Packet Page 17 Item 6 CONCURRENCES The Public Works Department and Natural Resources Manager concur with the recommended action. ENVIRONMENTAL REVIEW The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map #3063 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. FISCAL IMPACT Budgeted: n/a Budget Year: 2019-20 Funding Identified: Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A 0 0 0 State Federal Fees Other: Total $0 $0 $0 $0 There is no financial impact to the City associated with approving the final map for Tract 3036-Phase 2. However, the public improvements that will be constructed with this phase will result in an increase in maintenance costs for the public streets, public utilities, open space, parks and other infrastructure upon acceptance of the improvements by the City. Furthermore, it takes approximately one person to maintain every 10 acres of park. The total parkland being dedicated with Righetti is 12.4 acres (includes all phases), which means at least one additional Public Works maintenance employee will need to be added to the park maintenance budget once the parks are constructed and accepted by the City. Furthermore, additional park ranger personnel may be needed to patrol the parks and open space that are being dedicated with this subdivision. The costs associated with additional maintenance of parks, open space, and infrastructure, together with the additional employees needed to perform the maintenance are typically funded by the Packet Page 18 Item 6 General Fund. As the facilities are accepted and begin to require standard maintenance, funds will be requested in future Financial Plans during the appropriate budget process. An analysis prepared by Applied Development Economics (ADE) concluded that, in total, new land uses if built out per the densities would generate adequate revenue to pay for needed City services at the same per capita levels enjoyed in 2014. ALTERNATIVES Deny approval of the final map. Denying approval of the final map can apply if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Since the final map is in substantial compliance with the tentative map, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made. Attachments: a - Draft Resolution Approving Final Map b - READING FILE - Tentative Map - All Phases c - Resolution 10861 (2018 Series) - Amendments to Mitigation Measures & Conditions d - Vicinity Map TR 3063-2 e - Resolution 10619 (2015 Series) - Approving Tentative Map f - READING FILE - Excerpted Pages from Tentative Map g - Resolution 10812 (2017 Series) - Reimbursement Agreement with Ambient Communities h - READING FILE - Final Map for TR 3063 - Phase 2 i - Subdivision Agreement Prelim - Phase 2 Packet Page 19 Item 6 R _____ RESOLUTION NO. ________ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3063-PHASE 2 (3987 ORCUTT ROAD, FMAP-2005-2018) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 3063, as prescribed in Resolution No. 10619 (2015 Series); and WHEREAS, all the requirements, conditions and mitigation measures of said Resolution No. 10619 (2015 Series) that are applicable to Phase 2 are completed or appropriate securities will be in place prior to map recordation to guarantee their completion; and WHEREAS, the subdivider has completed all required subdivision improvements applicable to Phase 2 or will submit appropriate securities to guarantee installation of the required subdivision improvements as shown on the approved plans prior to map recordation, and all fees have been received or will be received prior to map recordation, as prescribed in the Subdivision Agreement; and WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map #3063 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor is authorized to act on behalf of the City to approve a Private Drainage Easement Agreement for Tract 3063-Phase 2 to allow private drainage improvements within City-owned lots and street right-of-way in a form approved by the City Attorney and the Public Works Director. SECTION 2. The final map for Tract 3063-Phase 2 is found to be in substantial compliance with the tentative map. SECTION 3. The Subdivision Agreement for Tract 3063-Phase 1 is approved and the Mayor is authorized to approve minor revisions to the agreement and execute the document. SECTION 4. Approval of the final map for Tract 3063-Phase 2 is hereby granted. SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Packet Page 20 Item 6 Resolution No. (2019 Series) Page 2 R _____ SECTION 6. Environmental Review. The 2010 Final Environmental Impact Report for the Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative Tract Map 3063 constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2019. ____________________________________ 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 Packet Page 21 Item 6 RESOLUTION NO. 10861 (2018 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AMENDMENTS TO MITIGATION MEASURES AND CONDITIONS OF APPROVAL FOR AN APPROVED SUBDIVISION (MOD -1220-2017; TRACT #3063 A.K.A. "RIGHETTI RANCH"; 3987 ORCUTT ROAD) WHEREAS, on May 19, 2015 the City Council of the City of San Luis Obispo conducted a public hearing, adopted a Mitigated Negative Declaration, and approved Vesting Tentative Map 3063 (Righetti Ranch); and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on January 10, 2018 for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding proposed mitigation measure and condition amendments, and recommended approval of amendments to various mitigation measures and project conditions to facilitate phasing of certain required infrastructure with timing of building permit issuance and occupancy permits; and WHEREAS, on February 6, 2018 the City Council of the City of San Luis Obispo considered proposed amendments to specified mitigation measures and conditions as proposed by the applicant and recommended by staff and the Planning Commission; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; 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. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo to approve specific amendments to environmental mitigation measures and project conditions of approval based on the following Findings and Conditions: SECTION 1. CSA Findings, Mitigation Measures and Mitigation Monitoring Prog am. Based upon all the evidence, the City Council makes the following California Environmental Quality Act (CEQA) findings in support of the Application to Amend Mitigation Measures MOD -1220-2017 for final map and subdivision #3063: 1. The proposed mitigation measure amendments are consistent with the requirements of the Orcutt Area Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by the City Council on March 2, 2010, and the Initial Study -Mitigated Negative Declaration adopted by the City Council on May 19, 2015 for the VTTM#3063. R 10861 Packet Page 22 Item 6 Resolution No. 10861 (2018 Series) Page 2 2. Proposed modifications to MMs T -1(a) and T -2(d) provide for the construction of a turn pocket and roundabout for intersection widening and signalization, consistent with the City's Circulation Element principles, and implements these improvements prior to any significant traffic generation accessing Orcutt Road from the Righetti Ranch project, thereby matching trip generation to the completion of the intersection roundabout. 3. Orcutt and Tank Farm Road frontage improvements and Hansen Lane realignment can be timed to be completed in phases to meet the traffic generation demands of phased occupancy of the Righetti Ranch project. 4. Traffic safety measures can be completed on Tank Farm Road as traffic generation demand occurs at or before Phase 1 occupancy of residential units, and internal roadway connections over and across jurisdictional areas would be completed prior to Phase 2 building permit issuance, to the satisfaction of the Director of Public Works. 5. All potentially significant effects were analyzed adequately in the referenced FEIR and IS -MND, and reduced to a level of insignificance, provided the amended mitigation measures are incorporated into the development project and the mitigation monitoring program as described on Exhibit 1 to this resolution. 6. Consistent with the Public Resources Code and CEQA Guidelines Section 15162(a) CEQA), the proposed changes to mitigation measures and conditions of approval as outlined herein do not trigger any of the following threshold circumstances: a) Substantial changes are not proposed requiring major revisions to the previously certified FEIR and IS -MND, nor are any new or substantially increased significant environmental effects to the Righetti Ranch project resulting from the proposed modifications. The project remains a residential master planned community consistent with the OASP and the 2015 VTTM approvals, and no increases in lots, density, land uses or other project entitlements are proposed with these amendments. b) No substantial changes have occurred with respect to the manner in which the Righetti Ranch project will be undertaken. The mitigation measure and condition modifications maintain the previously approved mitigation measures, and provide for additional clarity and detail in the timing of completion of those measures as detailed herein. c) No new information of substantial importance has become available since certification of the noted FEIR and IS -MND that would represent a new or more significant environmental impact not previously considered; all previously adopted mitigation measures remain feasible and applicable to the project as approved; and no considerably different impacts not otherwise analyzed in the FEIR and IS -MND result from these mitigation measure and conditions of approval modifications. R 10861 Packet Page 23 Item 6 Resolution No. 10861 (2018 Series) Page 3 SECTION 2. Condition of Approval Modifications. Based upon all the evidence and public testimony received, the City Council hereby approves the proposed modifications to project conditions as described in Exhibit 2 to this resolution. Upon motion of Council Member Gomez, seconded by Council Member Rivoire, and on the following roll call vote: AYES: Council Members Gomez, Pease, Rivoire and Mayor Harmon NOES: None ABSENT: Vice Mayor Christianson The foregoing resolution was adopted this 6th day of February 2018. ATTEST: A a a A Carrie Gallagher City Clerk APPROVED AS TO F-DRM: YChristine 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 52018. Carrie Gallagher City Clerk R 10861 Packet Page 24 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 1 Page 4 Righetti Ranch Request for Mitigation Measure Amendments Exhibit 1 02-06-2018 TRANSPORTATION MITIGATION MEASURES T -1(a) Orcutt Road/Tank Farm Road Intersection Improvements. Applicant shall install a right turn pocket on the southbound approach of Orcutt Road to Tank Farm Road prior to issuance of occupancy for Phase 1 Tract 3063. The turn pocket will extend as far as practical north along Orcutt to the creek culvert approximately 165 feet north of Tank Farm Road. Relocation or undergrounding of power poles and utilities may be necessary to achieve this improvement. The turn pocket shall be extended to a total length of 200' and the intersection shall be modified to eliminate the skew prior to occupancy of Phase 2, unless incorporated into the construction of a roundabout to the satisfaction of the City Public Works Director. T -1(a) Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of occupancy for Phase 1 and Phase 2 of Tract 3063. T -2(d) Orcutt Road/Tank Farm Road Intersection Signalization or Roundabout. Applicant shall provide right -of way as necessary for a modern roundabout or traffic signal at the intersection of Orcutt Road/Tank Farm Road, subject to approval of the Director of Public Works, as a condition of Phase 2 final map recordation. Applicant shall pay "fair share" OASP Impact Fee contributions. T -2(d) Monitoring Program: Exhibit 1, Page 1 R 10861 Packet Page 25 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 1 Page 5 Compliance will be addressed by (1) dedication and/or acquisition and dedication of right- of-way as needed for signalization or roundabout, at City's discretion, with Phase 2, and 2) payment of OASP Impact Fees at time of issuance of building permits for any phases of Tract 3063. T-3 Street E-2 & Hanson Lane Alignment. Applicant shall align centerlines of E-2 Street & Hanson Lane with side street stop control and a Two Way Left Turn Lane. T-3 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 3 of Tract 3063. T-5 Tank Farm & Orcutt Frontage Improvements. Applicant shall design and install frontage improvements along Tank Farm Road & Orcutt Road, providing pedestrian access along both street frontages and the connecting T-5 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of occupancy for the Tract 3063 phases shown on the approved street improvement plans, unless otherwise required or deferred by the Public Works Director. The applicant shall bond for Tank Farm and Orcutt Frontage Improvements; an A.M. Best Rated A:VII-bond shall be required. The City reserves the right to call upon the bond a minimum of one year following issuance of the first Phase 1 occupancy or by April 16, 2019, whichever occurs fi rst. Exhibit 1, Page 2 R 10861 Packet Page 26 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 1 Page 6 T-6 Traffic Calming & Safety Measures. Applicant shall provide raised intersections at D & D4 Streets and C & C3 Streets. Provide single lane urban compact roundabout control at intersection D & Tank Farm with speed reduction curves and at intersection A & B. Provide side street stop control at Street E & Orcutt Road intersection. T-6 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans. The roundabout at the intersection of D Street and Tank Farm Road shall be completed prior to issuance of occupancy of Phase 1 of Tract 3063. Side street stop control at the Street E and Orcutt Road intersection shall be completed prior to issuance of occupancy for Phase 3 of Tract 3063. The raised intersections shall be completed prior to issuance of occupancy for the phase that is required to construct that particular intersection. The applicant shall bond for the raised intersections at D& D4 Streets and C and C3 Streets and single lane urban compact roundabout control at intersection D and Tank Farm with speed reduction curves and at intersection A and B; an A.M. Best Rated A:VII-bond shall be required. The City reserves the right to call upon the bond a minimum of one year following issuance of the first Phase 1 occupancy or by April 16, 2019, whichever occurs first. No Phase 2 building permits shall be issued prior to implementation of D and D4, C and C3, D and Tank Farm, and A and B intersection improvements to the satisfaction of the Public Works Director. Exhibit 1, Page 3 R 10861 Packet Page 27 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 2 Page 7 Righetti Ranch Request for of Approval Amendments Exhibit 2 02-06-2018 TRANSPORTATfON CONDITIONS OF APPROVAL 16. Secondary access is required from all portions and /or phases of the subdivision where more than 30 dwelling units are proposed. The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans or final map approval. Prior to occupancy of Phase 1, primary access to Phase 1 shall be available from Tank Farm Road, and secondary emergency access shall be provided from Orcutt Road either permanently via Tiburon Road or temporarily via a construction road that traverses Phase 3. An easement for the temporary access will be required. No Phase 2 building permits shall be issued prior to completion of permanent secondary access improvements to the satisfaction of the Public Works Director and Fire Marshal. 17. Secondary access from the E Street neighborhood shall be aligned with Hansen Lane unless a suitable alternate secondary access point can be approved to the satisfaction of the Community Development and Public Works Directors and in compliance with Mitigation Measure T-3. 18. The applicant shall comply with Resolution No. 10620 (2015 Series), Jones Vesting Tentative Tract Map condition #15, regarding access, egress, and provision of water supply across Tract 3063 Phase 1 development. The applicant shall bond for all water and sewer improvements proposed for connection to the Righetti Ranch Bridge, Tiburon Bridge, and Tiburon Culvert Extension. The City reserves the right to call upon the bonds a minimum of one year following issuance of the first Phase 1 occupancy or by April 16, 2019, whichever occurs first. The following improvements shall be completed by October 2018: All water, recycled water, and sewer improvements not placed on the deferred bridge and culvert structures shall be completed no later than October 2018. Exhibit 2, Page 1 R 10861 Packet Page 28 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 2 Page 8 Additionally, all work related to the construction of new pressure reducing stations along Tanglewood Road and Righetti Ranch Road shall be completed prior to October of 2018, and shall maintain the existing control valve located at Industrial Way. The new pressure reducing valves must include all new: valves, vaults, panels, PLC, telemetry, CLA-VALs, bypass valve, and all necessary appurtenances needed to construct a functioning station that can be integrated with the current water distribution system. No Phase 2 building permits shall be issued prior to completion of Jones Ranch access and Righetti Ranch water supply improvements to the satisfaction of the Public Works and Utilities Directors. 27. The Orcutt Road improvements from B Street to Tank Farm Road and along the Tract 3066 (Jones) frontage shall be constructed with Phase 1 of the map, unless a deferral is requested by the subdivider and granted by the City Public Works Director. Prior to approval of any deferrals, the subdivider shall demonstrate that the construction of the required improvements is impractical and that any deferred improvements do not result in an undue burden on future phases. 28. Prior to occupancy of Phase 1, a southbound right turn pocket shall be constructed at the Tank Farm / Orcutt intersection. The turn pocket will extend as far practical north along Orcutt to the creek culvert approximately 165 feet north of Tank Farm Road. Relocation or undergrounding of power poles and utilities may be necessary to achieve this improvement. The turn pocket shall be extended to a total length of 200' and the intersection shall be modified to eliminate the skew prior to occupancy of Phase 2, unless incorporated into the construction of a roundabout to the satisfaction of the City Public Works Director. The subdivider shall acquire and dedicate the necessary right-of-way for a roundabout as a condition of Phase 2 final map recordation. The required right-of-way shall be based on the City's design. If the City provides a construction -ready roundabout design (1) prior to October 31, 2018, or (2) prior to issuance of encroachment permit(s) to construct the Phase 2 public infrastructure, whichever is later, AND the City provides sufficient design plans for work in the jurisdictional areas (the culvert extensions) by August 31, 2018, the subdivider shall construct and complete the roundabout prior to issuance of any certificates of occupancy for Phase 2. If City is unable to deliver the Exhibit 2, Page 2 R 10861 Packet Page 29 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 2 Page 9 roundabout design in the time specified, the subdivider shall provide an appropriate surety prior to the issuance of any certificates of occupancy for Phase 2 to guarantee construction of the roundabout, and the roundabout shall be constructed and completed prior to issuance of building permits for Phase 3. City's review and approval of the Phase 2 public improvement plans and issuance of corresponding encroachment permit(s) shall not be unreasonably delayed for the sole purpose of complying with this condition. All overhead utilities conflicting with this improvement shall be undergrounded. 30. The Tank Farm Road improvements from the railroad tracks to Orcutt Road shall be constructed in accordance with the phasing shown on the approved street improvement plans, unless otherwise approved by the Public Works Director. 32. Rough grading of the park lot and completion of bicycle and pedestrian paths connecting Tract 3063, Tract 3066, and adjoining OASP neighborhoods with the existing park facilities at Islay Park shall be constructed pursuant to approved onsite Phase 1 Public Improvement Plans, or as approved by the Public Works Director and Natural Resources Manager. Rough grading of the park shall occur prior to issuance of occupancy of Phase 1. Rough grading of the bicycle/pedestrian paths through Phases 1 and 2 of Tract 3063 shall occur prior to issuance of occupancy for Phase 2. Rough grading of the bicycle/pedestrian path through the park shall occur during rough grading of the park. 35. All mitigation measures (mm) specific to Transportation requirements shall be provided as detailed under CEQA Section 1, above or as amended, to the satisfaction of the City Engineer. 101. The project shall provide a minimum of two points of access to the subdivision from an existing public way wherever there are more than 30 housing units. Emergency Vehicle Access points will NOT be accepted in lieu of full access, unless otherwise approved by the Public Works Director and the Fire Marshal. Prior to occupancy of Phase 1, primary access to Phase 1 shall be available from Tank Farm Road, and secondary Exhibit 2, Page 3 R 10861 Packet Page 30 Item 6 Resolution No. 10861 (2018 Series) EXHIBIT 2 Page 10 emergency access shall be provided from Orcutt Road either permanently via Tiburon Road or temporarily via a construction road that traverses Phase 3. An easement for the temporary access will be required. No Phase 2 building permits shall be issued prior to completion of permanent secondary access improvements to the satisfaction of the Public Works Director and Fire Marshal. Exhibit 2, Page 4 R 10861 Packet Page 31 Item 6 Date: 8/26/2019 d - Vicinity Map – Tract 3063-2 Packet Page 32 Item 6 RESOLUTION NO. 10619 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT MAP NO. 3063 CREATING 328 LOTS FOR PROPERTY LOCATED AT 3987 ORCUTT ROAD TR/ER 114 -14; TRACT #3063 RIGHETTI) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings on March 25, 2015 and April 8, 2015 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering TR/ER 114 -14, a Vesting Tentative Tract Map subdividing an approximately 144 -acre site into 328 lots, and recommended the City Council approve the Vesting Tentative Tract Map; and WHEREAS, the Planning Commission Hearings were for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has reviewed and considered the initial study of environmental impact as prepared by staff, 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 City Council of the City of San Luis Obispo as follows: SECTION 1. Cl~QA Findings, Mitigation Measures and Mitigation Monitoring Program. Based upon all the evidence, the City Council makes the following CEQA findings in support of the Vesting Tentative Map 114 -14 (Tract No. 3063): 1. The proposed project is consistent with the requirements of the Orcutt Area Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by the City Council on March 2, 2010, and this approval incorporates those FEIR mitigation measures as applicable to VTM #3063, as detailed herein. 2. A supplemental initial study has been prepared for VTM #3063 addressing potential environmental impacts which were not identified or detailed in the FEIR for the Orcutt Area Specific Plan (OASP). The Community Development Director has recommended that the results of that additional analysis be incorporated into a Mitigated Negative Declaration (MND) o f environmental impacts, and recommends adoption of additional mitigation measures to those imposed by the FEIR, all of which are incorporated below. R 10619 Packet Page 33 Item 6 Resolution No. 10619 (2015 Series) Page 2 2. All potentially significant effects were analyzed adequately in the referenced FEIR and IS- MND, and reduced to a level of insignificance, provided the following mitigation measures are incorporated into the development project and the mitigation monitoring program: AESTHETIC MITIGATION AES -3 Special Building Height Limits, Scale and Massing Design Standards for Western Flank of Righetti Hill (Righetti Ranch VTM #3063). Added building design restrictions shall be required for residential lots and units (Lots 35 -50) adjoining the Righetti Hill URL on the western flank of the hillside. These standards are intended to reduce the massing of residential units abutting the URL. These standards will include use of the following building techniques, and considered during ARC and /or staff review of any project applications for residential units in this location: 1. Residential Building Heights shall not exceed 25' as measured above average finished grade; 2. Grading for lots abutting the URL will be encouraged to be split -pads, to reduce the scale of the building mass by stepping down the hillside; 3. The upper pad shall be limited to one -story (a maximum of 15') in height; 4. First floor massing and footprint shall be encouraged to be built into the topography (recessed) into the hillside; 5. Second floor square footage shall be set back from the first floor elevation, creating a stepped appearance to the buildings; 6. Maximum lot coverage shall not exceed 50 %; and, 7. Roof lines on the upper pad will align front -to -back to narrow the high point of the roof when viewed from the street. AES -3 Monitoring Program: Compliance will be reviewed and implemented at two (2) stages. First, any final map recorded for subdivision of lots abutting URL along the western flank of the Righetti Hill shall include a special deed restriction incorporating this mitigation and special development criteria on such lots. This requirement will be verified by the City Engineer's office prior to recordation of such a final map. Second, Community Development Department staff will insure ARC and staff level application of these standards during review of any design review and building permit submittals. AIR QUALITY MITIGATION Operational Phase Mitigation AQ -1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is required by Title 24 requirements for all buildings within the Specific Plan Packet Page 34 Item 6 Resolution No. 10619 (2015 Series) Page 3 Area. The following energy- conserving techniques shall be incorporated unless the applicant demonstrates their infeasibility to the satisfaction of City Planning and Building Department staff. increase walls and attic insulation beyond Title 24 requirements; orient buildings to maximize natural heating and cooling; plant shade trees along southern exposures of buildings to reduce summer cooling needs; use roof material with a solar reflectance value meeting the Environmental Protection Agency /Department of Energy Star rating; build in energy efficient appliances; use low energy street lighting and traffic signals; use energy efficient interior lighting; use solar water heaters; use double -paned windows; solar panel plumbing; grey water recycling; tank -less water heaters; dedicated hot water line loops. AQ -1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be installed at all bus stops. AQ -1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There shall be at least one shade tree for every six vehicle parking spaces. AQ -1(d) Telecommuting. All new homes within the Specific Plan area shall be constructed with internal wiring /cabling that allows telecommuting, teleconferencing, and tele- learning to occur simultaneously in at least three locations in each home. AQ -1(e) Pathways. Where feasible, all cul -de -sacs and dead -end streets shall be links by pathways to encourage pedestrian and bicycle travel. AQ -1 Monitoring Program: Compliance with operational phase mitigation measures will be reviewed with the subdivision plans and accompanying architectural review plans and ultimately shown on improvement plans and construction drawings. Construction Phase Mitigation AQ -3( a) Application of CBACT (Best Available Control Technology for construction related equipment). The following measures shall be implemented to reduce combustion emissions from construction equipment where a project will have an area of disturbance greater than 1 acre. Specific Plan applicants shall submit for review by the Community Development Department and Air Pollution Control District (APCD) staff a grading plan showing the area to be disturbed and a description of construction equipment that will be used and pollution reduction measures that will be implemented. Upon confirmation by the Community Development Department and APCD, appropriate CBACT features shall be applied. The application of these features shall occur prior to Specific Plan construction. Packet Page 35 Item 6 Resolution No. 10619 (2015 Series) Page 4 Specific Plan applicants shall be required to ensure that all construction equipment and portable engines are properly maintained and tuned according to manufacturer's specifications. Specific Plan applicants shall be required to ensure that off -road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non -taxed off -road diesel is acceptable). Specific Plan applicants shall be required to install a diesel oxidation catalyst on each of the two pieces of equipment projected to generate the greatest emissions. AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM 10 emissions during all Specific Plan construction: Reduce the amount of the disturbed area where possible. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Water shall be applied as soon as possible whenever wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water should be used whenever possible. All dirt- stock -pile areas shall be sprayed daily as needed. Permanent dust control measures shall be identified in the approved Specific Plan revegetation and landscape plans and implemented as soon as possible following completion of any soil disturbing activities. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast - germinating native grass seed and watered until vegetation is established. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible. AQ -3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting material Packet Page 36 Item 6 Resolution No. 10619 (2015 Series) Page 5 shall be tarped from the point of origin. AQ -3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1 acre, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off -site. Their duties shall include holiday and weekend periods when work may not be in progress. AQ -3 Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to secure necessary permits from the Air Pollution Control Board (APCD) before the onset of grading or demolition activities including, but not limited to additional dust control measures, evaluation for Naturally Occurring Asbestos. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. BIOLOGICAL RESOURCES MITIGATION B -3(a) Construction Requirements. Development under the Specific Plan shall abide by the requirements of the City Arborist for construction. Requirements shall include but not be limited to: the protection of trees with construction setbacks from trees; construction fencing around trees; grading limits around the base of trees as required; and a replacement plan for trees removed including replacement at a minimum 1 :1 ratio. B -4( c) Riparian/ Wetland Mitigation. If riparian and /or wetland habitat are proposed for removal pursuant to development under the Specific Plan, such development shall apply for all applicable permits and submit a Mitigation Plan for areas of disturbance to wetlands and /or riparian habitat. The plan shall be prepared by a biologist familiar with restoration and mitigation techniques. Compensatory mitigation shall occur on- site using regionally collected native plant material at a minimum ratio of 2:1 (habitat created to habitat impacted) in areas shown on figure 4.4 -2 as directed by a biologist. The resource agencies may require a higher mitigation ratio. If the Orcutt Regional Basin is necessary as a mitigation site for waters of the U.S. and State it shall be designed as directed by a biologist taking into consideration hydrology, soils, and erosion control and using the final mitigation guidelines and monitoring requirements (U.S. Army Corps of Engineers, 2004). As noted above, the trail shall be setback out of the buffer area for riparian and wetland habitat. B -5(a) Bird Pre - Construction Survey. To avoid impacts to nesting special- status bird species and raptors including the ground- nesting burrowing owl, all initial Packet Page 37 Item 6 Resolution No. 10619 ( 2015 Series) Page 6 ground- disturbing activities and tree removal shall be limited to the time period between September 15 and February 1. If initial site disturbance, grading, and tree removal cannot be conducted during this time period, a pre- construction survey for active nests within the limits of grading shall be conducted by a qualified biologist at the site two weeks prior to any construction activities (for ground- nesting burrowing owl survey see below). If active nests are located, all construction work must be conducted outside a buffer zone of 200 feet to 500 feet from the nests as determined in consultation with the CDFG. No direct disturbance to nests shall occur until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding /nesting is completed and young have fledged the nest prior to the start of construction. B -5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City under the Specific Plan a qualified biologist shall conduct surveys for burrowing owls during both the wintering and nesting seasons (unless the species is detected on the first survey) in potentially suitable habitats prior to construction in accordance with the guidelines described in the CDFG Staff Report on Burrowing Owl Mitigation (1995). Winter surveys shall be conducted on the entire project site between December 1 and February 1, and the nesting season survey shall be conducted between April 15 and July 15. If burrowing owls are detected within the proposed disturbance area, CDFG shall be contacted immediately to develop and implement a mitigation plan to protect owls and their nest sites. B -5(c) Monarch Pre - Construction Survey. If initial ground- breaking is to occur between the months of October and March a pre - construction survey for active monarch roost sites within the limits of grading shall be conducted by a qualified biologist at the site two weeks prior to any construction activities. If active roost sites are located no ground- disturbing activities shall occur within 50 feet of the perimeter of the habitat. Construction shall not resume within the setback until a qualified biologist has determined that the monarch butterfly has vacated the site. B -5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS habitat on Figure 4.4 -2, current USFWS protocol level sampling surveys shall be conducted in all such areas. A report consistent with current Federal, State, and local reporting guidelines shall be prepared to document the methods and results of surveys. If VPFS are found, the report shall include a map that identifies the VPFS locations. Should the presence of additional special- status wildlife species be determined including California linderiella, a map identifying locations in which these species were found shall be prepared and included in the report. B -5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are located onsite pursuant to Mitigation Measure B -5(d), substantial setbacks from their identified habitat shall be implemented to avoid take of a Federally listed species. If complete avoidance is not economically or technically feasible, then Section 10 of the Federal Endangered Species Act (FESA) shall be used to authorize incidental take when no other Federal agency such as the Corps is Packet Page 38 Item 6 Resolution No. 10619 (2015 Series) Page 7 involved. This process include development of a Habitat Conservation Plan for protecting and enhancing the Federally listed species at a specific location in perpetuity. Species take can also be authorized under Section 7 of the FESA if a Federal agency is involved in the project (e.g., Corps Section 404 permitting for impacts to waters of the U.S. and /or Federal funding) and agrees to be the lead agency requesting Section 7 consultation. This consultation process takes at a minimum 135 days from the official request by the Federal lead agency. The compensatory mitigation ratio shall be determined by the appropriate resource agencies. Suitable replacement habitat shall be constructed either within the site boundaries or offsite. [GASP FEIR] Figure 4.4 -2 identifies areas that could be appropriate for onsite VPFS mitigation. Figure 4.4 -2 is not intended to preclude development but shall be used as a starting point for incorporating VPFS mitigation sites into the development plan. While the Orcutt Regional Basin included in the potential VPFS mitigation sites may need regular maintenance and may be seasonally flooded, depressions could be created on the upper edges of the terrace in such a manner that they are protected from flooding. VPFS mitigation areas shall be approved by a biologist familiar with VPFS habitat " creation" techniques. Enhancement of the onsite seasonal freshwater wetland habitat that is undisturbed by project activities may also be a part of the mitigation program. Alternatively, fairy shrimp cysts could be collected during the dry season from the existing habitat and placed into storage. Topsoil could also be removed and stored in conditions suitable to retain cysts. Wetland habitat could be enhanced /created in the areas shown on Figure 4.4 -2 by grading depressions in the landscape and "top dressing" the depressions with the preserved topsoil. Preserved cysts would be added to the recreated wetlands in December or January, after sufficient ponding has occurred. It is important to note that VPFS habitat mitigation is still considered experimental. VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to ensure success. Habitat may be "created" only in an existing vernal pool landscape that provides suitable soils and a number of other specific ecological factors (USFWS, 2004). An alternative to onsite mitigation is the purchase of mitigation bank credits. Credits can be purchase by the acre as suitable mitigation for VPFS. There is currently no known mitigation bank with VPFS habitat occurring within San Luis Obispo County, however, mitigation banks may be available in the future. B -3a, B -4c, B -5 Monitoring Program: Monitoring will include Natural Resources Department staff consultation and implementation at time of review and prior to approval of grading plan(s) and during tract construction (B -3a, B -4c, B -5). B -6( c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall Packet Page 39 Item 6 Resolution No. 10619 (2015 Series) Page 8 prepare a brochure that informs prospective homebuyers and Home Owners Association (HOA) members about the impacts associated with non- native animals, especially cats and dogs, to the project site; similarly, the brochure must inform potential homebuyers and all HOA members of the potential for coyotes to prey on domestic animals. B -6(c) Landscaping Plan Review. To ensure that project landscaping does not introduce invasive non - native plant and tree species to the region of the site, the final landscaping plan shall be reviewed and approved by a qualified biologist. The California Invasive Plant Council (Cal -IPC) maintains several lists of the most important invasive plants to avoid. The lists shall be used when creating a plant palette for landscaping to ensure that plants on the lists are not used. The following plants shall not be allowed as part of potential landscaping plans pursuant to development under the Specific Plan: African sumac (Rhus lancea) Australian saltbush (Atriplex semibaccata) Black locust (Robinia pseudoacacia) California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius) Cape weed (Arctotheca calendula) Cotoneaster (Cotoneaster pannosus), (C. lacteus) Edible fig (Ficus carica) Fountain grass (Pennisetum setaceum) French broom (Genista monspessulana) Ice plant, sea fig (Carpobrotus edulis) Leafy spurge (Euphorbia esula) Myoporum (Myoporum spp.) Olive (Olea europaea) Pampas grass (Cortaderia selloana), and Andean pampas grass (C. Russian olive (Elaeagnus angusticifolia) Scotch broom (Cytisus scoparius) and striated broom (C. striatus) Spanish broom (Spartium junceum) Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. T. ramosissima) Blue gum (Eucalyptus globulus) Athel tamarisk (Tamarix aphylla) B -6c Monitoring Program: j ubata) parviflora), Compliance with mitigation measures will be reviewed with landscaping plans as part of the architectural review submittal and ultimately shown on improvement plans and construction drawings. CULTURAL RESOURCES MITIGATION CR -1(d) Archaeological Resource Construction Monitoring. At the commencement of Packet Page 40 Item 6 Resolution No. 10619 (2015 Series) Page 9 project construction, an orientation meeting shall be conducted by an archaeologist for construction workers associated with earth disturbing procedures. The orientation meeting shall describe the possibility of exposing unexpected archaeological resources and directions as to what steps are to be taken if such a find is encountered. An archaeologist shall monitor construction grading within 50 meters (164 feet) of the two isolated finds. In the event that prehistoric or historic archaeological resources are exposed during project construction, all earth disturbing work within 50 meters (164 feet) of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated (e.g., curation, preservation in place, etc.), work in the area may resume. The City should consider retaining a Chumash representative to monitor any field work associated with Native American cultural material. If human remains are exposed, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. CR -1 d Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. DRAINAGE AND WATER QUALITY MITIGATION D -2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or biotechnical (also referred to as soil bioengineering) approaches to bank stabilization are preferred over structural approaches. Bank stabilization design must be consistent with the SLO Creek Stream Management and Maintenance Program Section 6. Streambank stabilization usually involves one or a combination of the following activities: Regrading and revegetating the streambanks to eliminate overhanging banks and create a more stable slope; Deflecting erosional water flow away from vulnerable sites; Reducing the steepness of the channel bed through installation of grade stabilization structures; Altering the geometry of the channel to influence flow velocities and sediment deposition; Diverting a portion of the higher flow into a secondary or by -pass channel; Armoring or protecting the bank to control erosion, particularly at the toe of slopes. The bank stabilization design will: Packet Page 41 Item 6 Resolution No. 10619 (2015 Series) Page 10 Be stable over the long term; Be the least environmentally damaging and the "softest" approach possible; Not create upstream or downstream flooding or induce other local stream instabilities; Minimize impacts to aquatic and riparian habitat. D -2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be followed for riparian areas that are modified, created and /or managed for flood damage reduction, stream enhancement, and bank repair. Linear park terrace vegetation, streambank repair and channel maintenance projects may require stream channel modifications that include shaping, widening, deepening, straightening, and armoring. Many channel management projects also require building access roads for maintenance vehicles and other equipment. These construction activities can cause a variety of impacts to existing sensitive riparian and aquatic habitat that, depending on the selected design alternative, range from slight disturbances to complete removal of desirable woody vegetation and faunal communities. In urban areas within the SLO creek watershed, riparian vegetation often provides the only remaining natural habitat available for wildlife populations. D -5( a) Biofilters. The applicant shall submit to the Director of Community Development for review and approval a plan that incorporates grassed swales biofilters) into the project drainage system where feasible for runoff conveyance and filtering of pollutants. D -5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the applicant shall be encouraged to use pervious paving material to facilitate rainwater percolation. Parking lots and paved outdoor storage areas shall, where feasible, use pervious paving to reduce surface water runoff and aid in groundwater recharge. D -2a, D -2c, D -5a, D -5c Monitoring Program: Monitoring will include Natural Resources Department staff consultation and implementation at time of landscaping construction plan review and Engineering - Public Works staff at the time of tract construction. NOISE MITIGATION N -1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12, Section 9.12.050(6)]. Methods to reduce construction noise can include, but are not limited to, the following: Equipment Shielding. Stationary construction equipment that generates noise can be shielded with a barrier. Packet Page 42 Item 6 Resolution No. 10619 (2015 Series) Page 11 Diesel Equipment. All diesel equipment can be operated with closed engine doors and equipped with factory- recommended mufflers. Electrical Power. Whenever feasible, electrical power can be used to run air compressors and similar power tools. Sound Blankets. The use of sound blankets on noise generating equipment. N -1 a Monitoring Program: Requirements for construction noise mitigation shall be clearly noted on all plans for project grading and construction. PUBLIC SERVICES MITIGATION PS -4 Wastewater Main System Extensions. Prior to recordation of a final map for Righetti Ranch (TR 3063), the improvement plans for the tract shall include connections to future improvements planned by Tract 3066 (Jones Ranch) to convey sanitary sewer service to the existing connection points on Tank Farm Road. PS -4 Monitoring Program: Compliance will be reviewed and implemented by the City Engineer's office with the subdivision plans and accompanying final map prior to recordation of the final map. PUBLIC SAFETY MITIGATION S -2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants, Codes, and Restrictions (CC &R's) that disclose to potential buyers or leasers that aircraft over - flights occur, and that such flights may result in safety hazard impacts should an aircraft accident occur. In addition, prior to recordation of final map, avigation easements shall be recorded over the entire project site for the benefit of the SLO County Regional Airport. S -2b Monitoring Program: Monitoring will include Community Development, City Attorney and Engineering staff approvals of the Disclosure(s) prior to recordation of a final tract map. TRANSPORTATION MITIGATION T -1(a) Orcutt Road /Tank Farm Road Intersection Improvements. Applicant shall install a 200' right -turn lane on the southbound Orcutt Road approach to Tank Farm Road shall be installed with Phase 1 Tract 3063 improvements. T -1(a) Monitoring Program: Packet Page 43 Item 6 Resolution No. 10619 (2015 Series) Page 12 Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 1 of Tract 3063. T -2(d) Orcutt Road /Tank Farm Road Intersection Signalization. Applicant shall provide right -of -way as necessary as a part of Phase 1 Tract 3063 improvements, and pay "fair share" OASP Impact Fee contributions. T -2(d) Monitoring Program: Compliance will be addressed by (1) dedication of right -of -way as needed for signalization at the time of final map recordation and (2) payment of OASP Impact Fees at time of issuance of building permits for Tract 3063. T -3 Street E -2 & Hanson Lane Alignment. Applicant shall align centerlines of E -2 Street & Hanson Lane with side street stop control and a Two Way Left Turn Lane T -3 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 1 of Tract 3063. T -5 Tank Farm & Orcutt Frontage Improvements. Applicant shall design and install frontage improvements along Tank Farm Road & Orcutt Road, providing pedestrian access along both street frontages and the connecting gap. T -5 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 1 of Tract 3063. T -6 Traffic Calming & Safety Measures. Applicant shall provide raised intersections at D& D4 Streets and C & C3 Streets. Provide single lane urban compact roundabout control at intersection D & Tank Farm with speed reduction curves and at intersection A & B. Provide side street stop control at Street E & Orcutt Road Intersection. T -6 Monitoring Program: Compliance and implementation shall be reviewed by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any building permits for Phase 1 of Tract 3063. Packet Page 44 Item 6 Resolution No. 10619 (2015 Series) Page 13 UTILITIES AND SERVICE SYSTEMS MITIGATION USS -1 Off -site Water Main Line Extensions to the OASP To Meet Fire Flow and Storage Standards. Concurrent with applications for Final Map(s), the applicant shall submit a water supply plan to meet adequate fire flow standards for all lots within each Final Map. Implementation of such a water line extension plan shall be included as a part of public improvement plans for the subdivision, and approved by Utilities, Public Works and the City Engineer. This implementation plan may include a financing plan, including reimbursement provisions, approved by the City Council at the time of considering any Final Map. Required water main line extension(s) to the subdivision shall be completed and operational to the satisfaction of the Utilities Director, prior to occupancy of any of the residential and /or commercial uses. USS -1 Monitoring Program Compliance will be reviewed and implemented by the City Engineer's office with the subdivision plans and shall be completed prior to issuance of any occupancy permits for Tract 3063. SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City Council does hereby approve application TR/ER 114 -14 (VTM #3063, "Righetti Ranch "), a tentative tract map to create up to 328 residential, detention basin, parklands, and open space lots, based on the following findings, and subject to the following conditions being incorporated into the project: FindinL-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 C /OS- SP, P -F -SP, R -1 -SP, R -2 -SP and R -3 -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 3063 and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. Packet Page 45 Item 6 Resolution No. 10619 (2015 Series) Page 14 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 OASP 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. Conditions: Dedications and Easements 1. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, 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. Access rights shall be dedicated to the City along Orcutt Road, Tank Farm Road and along the Union Pacific Railroad right of way except at approved driveway locations and intersections as shown on the tentative map or as otherwise approved by the city. 4. 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 and Tank Farm Road frontages (tract boundary). Packet Page 46 Item 6 Resolution No. 10619 (2015 Series) Page 15 5. The subdivider shall dedicate Righetti Hill, all public Open Space and all public Park Land in fee to the City, consistent with the GASP, in conjunction with or prior to the Phase 1 map recordation. The land shall be granted free and clear of all encumbrances to the satisfaction of the City. Unless otherwise amended by the City, the public lots include Lot 307, 311, 312, 316, 319, 320, 321, 324, 325, 326, and 328. 6. The subdivider shall include a separate offer of dedication for all sections of the Orcutt Area Specific Plan (OASP) Streets B, C, and D located outside the phase boundary, but within the tract boundary in accordance with the tentative map street alignments and map conditions in conjunction with or prior to the Phase 1 map recordation. The developer shall include the offers of dedication for the Orcutt Road and Tank Farm Road widening improvements in conjunction with or prior to the Phase 1 map recordation. The developer shall include any other out -of -phase 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. 7. 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, drainage systems, detention basin(s), street lighting, landscape, landscape irrigation, common areas, pocket parks, and linear park improvements. 8. The private open space, pocket park, and detention basin Lots 308, 309, 310, 313, 314, 315, 317, 318, 322, 323 and 327, along with the proposed improvements, including but not limited to trails, bikeways, and landscaping shall be owned and maintained by the HOA. Open Space and bikeway easements along with any public utility easements shall be offered to the City and shown and noted on the final map. An easement agreement shall be provided for specific open space areas, bikeways, and utility corridors in a format approved by the City. 9. The final location of the boundary between HOA open space Lot 322 and City open space Lot 321 shall be approved to the satisfaction of the City Natural Resources Manager depending upon the final trail head location off Street D -2 and the area of the private /public maintenance interface. 10. A wildland fuel management /reduction zone along with any required easements and /or zone limits shall be shown and noted on the final map and improvement plans for reference. The limits of the zone shall be in accordance with the adopted Fire Code and approved to the satisfaction of the City Fire Chief and City Natural Resources Manager. The HOA shall be responsible for wildland fuel management and weed abatement within the established fuel reduction zone and private open space areas. 11. Unless otherwise waived or deferred by the City, the subdivider shall improve all neighborhood trail extensions to the limits of open space Righetti Hill Lot 328 to the satisfaction of the Natural Resources Manager. Packet Page 47 Item 6 Resolution No. 10619 (2015 Series) Page 16 12. 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 for Phase 1 and subsequent map phases to clarify development restrictions, conditions of development, and references to any pertinent conditions of approval related to future map phasing. 13. 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 OASP. 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. 14. Off -site dedication/acquisition of property for this public right -of -way purpose is 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). 15. 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: 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; Packet Page 48 Item 6 Resolution No. 10619 (2015 Series) Page 17 ill. 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. 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 16. Secondary access is required from all portions and /or phases of the subdivision where more than 30 dwelling units are proposed. The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans or final map approval. 17. Secondary access from the E Street neighborhood shall be aligned with Hansen Lane unless a suitable alternate secondary access point can be approved to the satisfaction of the Community Development and Public Works Directors. 18. The proposed westerly Phase 1 of Jones Ranch shall require access to Orcutt Road in conjunction with development of Phase 1. Secondary access will be provided to Tank Farm Road through Tract 3063. This requires completion the B Street Bridge as part of Phase 1 development. Regardless of access, the required water supply to this phase may require a looped water main with indications that the B Street bridge may need to be constructed in support of the required water main extension to serve Righetti VTM #3063 prior to commencing with combustible construction. 19. 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. 20. 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 Packet Page 49 Item 6 Resolution No. 10619 (2015 Series) Page 18 concepts identified in the OASP, final determination of shall design shall be provided by the City Engineer. 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. 21.The developer shall record a Notice of Requirements with each map phase regarding the designed and installed traffic calming devices and that the subdivisions are not eligible for future Residential Parking District or Neighborhood Traffic Management program processing. 22. Horizontal curvature along Street "C" does not meet current City Uniform Design Criteria regarding geometries; "All streets shall intersect other streets at right angles, and shall have at least 50 feet of centerline tangent, as measured from the prolongation of the cross - street property line to the angle point or beginning of curve ". The applicant shall revise subject segments to the satisfaction of the City Engineer. 23. 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 shall be required where necessary. 24. The final map and improvement plans shall include the required right -of -way, transit stop easements, and all details of the required bus turnouts to accommodate all proposed and future bus stops per City Engineering Standards, the OASP and current Short Range Transit plan. The final location of all North -South and East -West route stops shall be approved to the satisfaction of the City Transit Manager and Public Works Director. 25. The public improvement plans shall include full frontage improvements on Orcutt Road from B Street to Tank Farm Road and along the Tract 3066 (Jones) frontage, including the Imel and Garay properties. The plans shall show, at a minimum, all improvements including concrete curb, gutter, and sidewalk per City Engineering Standards on the west side of Orcutt; 6' bike lanes, 12' travel lanes, and a 12' two -way left turn lane in accordance with the tentative map, GASP, City Engineering Standards, and the Cal Trans Highway Design Manual; undergrounding of the overhead utilities on the west side; and complete details for the Orcutt Road points of access. 26. The east side of Orcutt Road where widening is proposed or required may terminate in an AC berm to match the existing adjoining road sections per City Engineering Standards or the appropriate County rural road standards where approved by the City Engineer. The Orcutt Road plans shall include all phases of construction including road widening, stormdrain improvements, culvert extensions, grading /walls, and any water quality BMP's. Some off -site dedication of property for public right -of -way purposes may be required to facilitate the Orcutt Road improvements and transitions between the Packet Page 50 Item 6 Resolution No. 10619 (2015 Series) Page 19 OASP full build -out road section and adjoining road segments beyond the tract boundaries. 27. The Orcutt Road improvements from B Street to Tank Farm Road and along the Tract 3066 (Jones) frontage shall be constructed with Phase 1 of the map, unless a deferral is requested by the subdvider and granted by the City. Prior to approval of any deferrals, the subdivider shall demonstrate that the construction of the required improvements is impractical. 28. Prior to occupancy of Phase 1 the Tank Farm / Orcutt intersection shall be modified to provide a southbound right -turn lane on Orcutt Road and to eliminate the skew, as required in the GASP. All overhead utilities conflicting with this improvement shall be undergrounded. 29. The public improvement plans shall include full frontage improvements on Tank Farm Road from the railroad tracks to Orcutt Road. The plans shall show, at a minimum, all improvements including concrete curb, gutter, and sidewalk per City Engineering Standards on the north side of Tank Farm; and left -turn pockets at Brookpine and Wavertree subject to approval of the City Engineer. The Tank Farm Road plans shall include all phases of construction including road widening, stormdrain improvements, and any water quality BMP's. Some off -site dedication of property for public right -of- way purposes may be required to facilitate the Tank Farm Road improvements and transitions between the OASP full build -out road section and adjoining road segments beyond the tract boundaries. 30. The Tank Farm Road improvements from the railroad tracks to Orcutt Road shall be constructed with Phase 1 of the map, unless a deferral is requested by the subdvider and granted by the City. Prior to approval of any deferrals, the subdivider shall demonstrate that the construction of the required improvements is impractical. 31. All bikeways shall be constructed per City Engineering Standards and the Highway Design Manual. Final details of the bikeway connections to the adjoining streets shall be approved by the City. The proposed path located between Street D -3 and the UPRR shall be revised to connect to Street C and Tank Farm Road in accordance with the OASP. 32. Rough grading of the park lot and completion of bicycle and pedestrian paths connecting Tract 3063, Tract 3066, and adjoining OASP neighborhoods with the existing park facilities at Islay Park shall be required with Phase 1 of the map. 33. The applicant shall obtain consult with the City and obtain an encroachment permit prior to establishing form of temporary access point at near the intersections of "D" Street & Tank Farm Road and E -2 Street & Hansen Lane. 34. The applicant shall conduct neighborhood speed surveys one year after occupancy of each phase at locations approved by the Director of Public Works. If 85th percentile speeds exceed current City NTM thresholds additional traffic calming Packet Page 51 Item 6 Resolution No. 10619 (2015 Series) Page 20 measures shall be installed. The applicant shall bond for these potential additional traffic calming measures. 35. All mitigation measures (MM) specific to Transportation requirements shall be provided as detailed under CEQA section 1, above, to the satisfaction of the City Engineer. 36. 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 #3063. Any such program(s) will be subject to approval by the City Council. 37. The subdivider shall be responsible for securing the off -site right -of -way needs for VTM #3063, and dedicating that right -of -way to the city as a condition of final map approval. 38. 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. 39. Access rights shall be dedicated to the City along Orcutt and Tank Farm Roads except at approved driveway locations as shown on the tentative map. 40. 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. 41. Private street lighting shall be provided along the private streets per City Engineering Standards and /or as approved in conjunction with the final ARC approvals. 42. 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. 43. 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. 44. 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 within the subdivision. Packet Page 52 Item 6 Resolution No. 10619 (2015 Series) Page 21 ImprovementPlans 45. 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 stormdrain improvements. Off -site improvements shall include off -site access roadways, the water main extensions provided by MM USS -1, and Tiburon Way, Tank Farm Road and Orcutt Road improvements. 46. 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. 47. 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. 48. 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. 49. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval and map phasing. 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. 50. Retaining wall and /or retaining wall /fence combinations along property lines shall be Packet Page 53 Item 6 Resolution No. 10619 (2015 Series) Page 22 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. 51. 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 and lease spaces 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. 52. 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. 53. 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. Street trees shall be planted along private streets as required for public streets. The subdivision improvement plans /landscape plans shall include street tree plantings along the Orcutt Road and Tank Farm Road frontages of Lot 327. Utilities 54. 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. 55. Specialized street pavement in the area of public 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 Righetti Ranch 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 water and /or sewer mains. Packet Page 54 Item 6 Resolution No. 10619 (2015 Series) Page 23 56. 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. 57. 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. 58. 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. 59. 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. 60. 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. Pipe sizing is contingent upon the modeling for the proposed development phases and looping of the main. Improvement plans may be required to clarify the design for main extensions outside the Phase 1 improvements. Pressure regulating valves, 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. 61. Relocation of the existing pressure regulating valve (the Industrial Way PRV), including the City's SCADA system, as well as the abandonment of the existing 12" water main, shall be coordinated with the Water Division of the City's Utilities Department. 62. 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. 63. The sewer main and storm drain improvements within the E Street neighborhood shall be constructed per City Engineering Standards but shall be privately maintained by the HOA along with the other private street and private utility improvements. Public easements will be required for the water main, services, meters, fire hydrants, public Packet Page 55 Item 6 Resolution No. 10619 (2015 Series) Page 24 utilities, and any appurtenances. Private easements for access and drainage will be required. A limited public sewer easement may be required for a terminal end manhole in the private street where the private sewer transitions to the public sewer. 64. 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. 65. 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. 66. 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. 67. The analysis of sewer depth shall be considered at the intersection of Street A and Street B, at Street A and Sponza in Tract 3044, and at Street A and the northerly limits of Tract 3044. The analysis shall include the additional extension to the terminal end manhole as presented in the GASP. The analysis shall further consider the sewer depth at the Street B and C intersection and the potential for a future northerly projection to serve the Pratt, Anderson, Evans, and Pratt parcels in accordance with the GASP. The study shall evaluate the controlling invert at the Tank Farm Road connection to although for the main location within D and C Streets with the goal of avoiding the sewer easement between Lot 209 and Lot 210. 68. The sewer report shall further evaluate the potential sewer options for future service to the adjoining Garay parcel. The subdivider shall provide a minimum 15' sewer easement from the southerly corner of the Garary property to the nearest available public sewer located in Street C -1. Some shifting or merging of lots may be required to provide access between Lots 182 and 183. The report and plans shall consider the potential development limits on the Garay parcel and the most appropriate area for the future creek crossing to the satisfaction of the Utilities Department and Natural Resources Manager. The public improvement plans shall include the pertinent grading, retaining walls, and main extensions needed to support orderly OASP development. 69. The public improvement plan submittal shall show all existing and proposed overhead wire utilities. Any existing overhead wiring within the tract boundary and adjoining Packet Page 56 Item 6 Resolution No. 10619 (2015 Series) Page 25 Orcutt Road and Tank Farm Road frontages shall be undergrounded in conjunction with the subdivision improvements. Areas of road widening along Bullock Lane shall include undergrounding where applicable unless otherwise deferred or waived by the Public Works and Community Development Directors. Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not supported. 70. Terminal end utility poles shall be located off -site unless otherwise approved by the City. 71. Preliminary undergrounding plans for the entire subdivision shall be processed through PGE and any respective wire utility companies in conjunction with Phase 1 of the Map. The undergrounding improvements shall be completed with each subsequent phase unless otherwise required earlier for orderly development or deferred to the satisfaction of the City. 72. 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 and Tank Farm Road per City Engineering Standards. 73. Private street lighting shall be provided along the private streets per OASP lighting requirements, City Engineering Standard and /or as approved in conjunction with the final ARC approvals. 74. 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 and Tank Farm Road improvements, signalized intersections, or round -a -bouts shall comply with the Highway Design Manual and City Engineering Standards. Grading, Drainage& Stormwater 75. 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. 76. The public improvement plans submittal shall clarify how the several 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 Packet Page 57 Item 6 Resolution No. 10619 (2015 Series) Page 26 higher governmental authority agency permits. Sensitive areas shall be staked, fenced, or otherwise delineated and protected prior to commencing with construction, grading, or grubbing. 77. 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. 78. 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. 79. 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. 80. 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. 81. Unless updated by subsequent regulations or guidelines, the sidewalks within the private streets E neighborhood shall be widened to 5' or shall provide a 4' clear width with 5' passing lanes in accordance with the current ADA regulations. 82. 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. 83. 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. Packet Page 58 Item 6 Resolution No. 10619 (2015 Series) Page 27 84. 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. 85. 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. 86. 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. The existing Islay Hill basin shall be included in the overall maintenance program or the existing basin conditions of approval and agreement shall be updated to conform with the current permit requirements. 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. 87. The subdivider /developer shall provide notification to private property owners regarding any individual maintenance responsibility of 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. 88. 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 certain improvements proposed for location within the public rights -of -way. 89. 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. 90. The proposed detention basin and any pre -basin shall be designed in accordance with the GASP 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. 91. The subdivider shall submit CC &R's with the Final Map that establishes a Packet Page 59 Item 6 Resolution No. 10619 (2015 Series) Page 28 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. 92. 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. 93. 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. 94. 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. The existing creek crossing and roadside swale located along the frontage of Lot 327 shall be relocated away from the existing and proposed edge of roadway and shall be stabilized to the satisfaction of the City and permitting agencies. 95. The existing upslope drainage along and from the quarry access road on Righetti Hill shall be evaluated in detail. Any re- grading of the road to correct or revise existing areas of concentrated drainage shall be reviewed and approved by the Natural Resources Manager. The final road grading and drainage management should consider passive conveyance strategies that will minimize erosion and on -going maintenance on behalf of the City and HOA. 96. The public improvement plans shall show and note the existing and /or proposed improvements to the existing off -site Islay Hill basin. The plan shall show any changes to the basin including but not limited to access, outlet /metering alterations, low -flow channel development, silt /trash catchment, plantings, irrigation, and security fencing. 97. 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 Packet Page 60 Item 6 Resolution No. 10619 (2015 Series) Page 29 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. 98. 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. 99. 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. 100. 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 101. The project shall provide a minimum of two points of access to the subdivision from an existing public way wherever there are more than 30 housing units. Emergency Vehicle Access points will NOT be accepted in lieu of full access. 102. 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. 103. 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 104. 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 as described in the applicant's "Master Declaration of CC &R's for Righetti Ranch ", dated 6/6/ 14. CC &R's shall minimally contain the following provisions that pertain to all lots: i. The initial set of CC &R's provided for the VTM #3063 final map shall provide Packet Page 61 Item 6 Resolution No. 10619 (2015 Series) Page 30 for automatic annexation of subsequent phases to the Master HOA, including the potential to incorporate the adjoining Jones Ranch (VTM #3066) within the Master HOA. A graphic or other exhibit describing all properties to be annexed to the Righetti Ranch Master HOA shall be included with any CC &R's for VTM #3063. ii. 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 iii. 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. iv. No parking except in approved, designated spaces. V. No outdoor storage of boats, campers, motorhomes, or trailers nor long- term storage of inoperable vehicles. vi. No outdoor storage by individual units except in designated storage areas. vii. 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 viii. No changes in city- required provisions of the CC &R's will be considered valid and in effect without prior City Council approval. ix. Provision for all of the maintenance responsibilities outlined in various conditions. Plannin aRea uirements 105. 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. 106. 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. 107. 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 Packet Page 62 Item 6 Resolution No. 10619 (2015 Series) Page 31 otherwise occupy any property or properties within the airport area. 108. 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. 109. 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 reconunendations 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. 110. 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, proposed "transfers" of affordable units to another site, 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). 111. The subdivider shall dedicate all public lands, including the neighborhood park (Lot 312), with the initial final map. This neighborhood park will be designed under the direction of the City's Parks & Recreation Commission with a recommendation to the Architectural Review Commission and City Council, who will be responsible for the final design approval of the park. 112. A construction phasing plan shall be submitted to the Community Development Director prior to the issuance of the first building permit. 113. 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 Packet Page 63 Item 6 Resolution No. 10619 (2015 Series) Page 32 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, c. 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. ii. 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. 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. 114. 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. 115. Access corridors of 15' between lots 200 -201 and 50' along lots 58 and 84 will be added to the Final Map. 116. 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. 117. 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. Packet Page 64 Item 6 Resolution No. 10619 (2015 Series) Page 33 Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of May 2015. MaffJan Marx ATTEST: thony " , C City Clerk APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 1 a' day of.: 2 s' Packet Page 65 Item 6 Packet Page 66 Item 6 Packet Page 67 Item 6 Packet Page 68 Item 6 INFRASTRUCTURE REIMBURSEMENT AGREEMENT Righetti Ranch and Jones Ranch-Vesting Tentative Maps 3063 and 3066) This Infrastructure Reimbursement Agreement (" Agreement") is entered into this _____ day of ________, 2017 (the "Effective Date"), by and between the City of San Luis Obispo, a municipal corporation and charter city ("CITY") and Righetti Ranch L.P., a Delaware limited partnership ("DEVELOPER"). The CITY and DEVELOPER are sometimes hereinafter referred to individually as a "party" and collectively as "parties." RECITALS WHEREAS, DEVELOPER is currently developing a residential project in the City of San Luis Obispo, California, pursuant to approved Vesting Tentative Tract Map 3063 for property known as the "Righetti Ranch", and approved Vesting Tentative Map 3066, for property known as the Jones Ranch." The development of both the Righetti Ranch and Jones Ranch are jointly referred to hereinafter as the "Project"; and WHEREAS, the Project is subject to various City requirements and conditions of approval, including but not limited to, those of the Vesting Tentative Maps, the Orcutt Area Specific Plan Specific Plan") and the Specific Plan's Final Environmental Impact Report ("FEIR"); and WHEREAS, some of the conditions of approval of the Project require DEVELOPER to install certain street, water, wastewater and other public infrastructure improvements ("Public Improvements"); and WHEREAS, in order to develop the Project, and to connect to existing CITY infrastructure, some of the Public Improvements are required to be installed adjacent to property other than that being developed by DEVELOPER or in greater size or capacity than that required for the development of the Project ("Excess Public Improvements"), and may be eligible for reimbursement under San Luis Obispo Municipal Code ("SLOMC") Section 16.20.110; and WHEREAS, CITY and DEVELOPER wish to identify the Excess Public Improvements that may be eligible for reimbursement and their estimated costs ("Reimbursable Costs"); identify the properties that are not within the Project site development area that benefit from the Excess Public Improvements (individually a "Benefitted Property" and collectively "Benefitted Properties") and each property's prorated share of the Public Improvement costs, and define the respective rights and obligations of the parties under this Agreement; and WHEREAS, DEVELOPER is paying for the construction and/or installation of the Public Improvements, with the development of the Project. DEVELOPER is eligible to be reimbursed for the Reimbursable Costs, to the extent and on the terms and conditions set forth in this Agreement. Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 69 Item 6 AGREEMENT Subject to the terms and conditions set forth below, the parties agree as follows: 1. Recitals. The above recitals are true and correct. The recitals set forth above, and all defined terms set forth in such recitals and in thepreamble preceding the recitals, are hereby incorporated into this Agreement as though set forth in full. 2. Term. This Agreement shall expire fifteen (15) years from date of execution. After such expiration, all of the rights of DEVELOPER shall be null and void and DEVELOPER shall have no further right to reimbursement for any Reimbursable Costs or interest. 3. Construction of Public Improvements. DEVELOPER shall construct the Public Improvements to CITY's satisfaction pursuant to all CITY standard specifications and rules and regulations and per the approved plans, and any approved alterations thereto, on file at the CITY. CITY shall issue to DEVELOPER an encroachment permit for any Public Improvements occurring within the CITY's right of way subject to reasonable terms and conditions. Through the execution of this Agreement, the Parties have identified the Public Improvements and the estimated costs that are subject to reimbursement, the designated Benefitted Properties (as defined below) and each Benefitted Properties' prorated share of the documented Reimbursable Costs, as specified in Exhibit "A," discussed below in Section 4 of this Agreement. 4. Reimbursable Costs. The Excess Public Improvements and each of the Benefitted Properties’ prorated share of related Reimbursable Costs are shown on Exhibit "A," attached and incorporated by this reference. The prorated shares and Reimbursable Costs are estimates prepared by DEVELOPER's engineer. The actual amount that DEVELOPER shall be reimbursed for will be determined in accordance with Section 8 and this Section. Reimbursable Costs also shall include (i) DEVELOPER's reasonable out-of-pocket costs incurred in acquiring off-site interests of property needed to construct the Excess Public Improvements, including the fair market value of the acquired property and associated reasonable closing costs, but shall not include any charges for time incurred by anyone on DEVELOPER's behalf. These costs are subject to approval by the City prior to final acquisition expense; and (ii) Costs DEVELOPER is required to pay and pays CITY for processing and approving all plans, designs and specifications of the Excess Public Improvements, including all permitting costs; and (iii) CITY's costs specified in Section 9 of this Agreement. Each of the Benefitted Properties' prorated share of the Reimbursable Costs is subject to further review and approval by the CITY's Director of Public Works Director") at any time prior to collection. If the Director issues a determination or approval which deviates from Exhibit "A", the Director shall attempt to meet and confer with DEVELOPER in an attempt for the Parties to mutually agree to such deviations from Exhibit "A." If the Parties cannot agree to such deviations within thirty (30) days of the Director's invitation to meet and confer, the Director shall have ultimate authority to determine any deviation from Exhibit "A." Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 70 Item 6 5. Benefitted Properties. CITY and DEVELOPER agree that the Excess Public Improvements significantly benefit the Benefitted Properties. The Benefitted Properties are deemed to be any and all parcels of land that lie within the Reimbursement Area shown on Exhibit "B." 6. Reimbursement/Withholding in Event of Protest/Offset. a. Subject to the terms and conditions hereof, CITY will in good faith attempt to collect from the Benefitted Properties a prorated share of the documented Reimbursable Costs, as shown on Exhibit "A", or as otherwise determined by the Director in accordance with Section 4. CITY shall not be required to reimburse more money than it actually collects. Failure or error by CITY to collect funds or Reimbursable Costs will not subject CITY to any liability, obligation, or debt to DEVELOPER, its successors or assigns. Notwithstanding the foregoing, subject to the provisions of Section 6(b) and (c) of this Agreement, CITY shall reimburse DEVELOPER pursuant to the terms of this Agreement for all funds or Reimbursable Costs actually collected by the CITY. If CITY does not reimburse DEVELOPER after CITY collects such payments from the owners or developers of Benefitted Properties, DEVELOPER shall be entitled to exercise all legal remedies. b. If any owner or developer of one or more of the Benefitted Properties pays all or a portion of the Reimbursement Costs under protest, CITY shall not be required to make reimbursements under this Agreement until the limitation period for instituting court action to seek a refund of such funds paid under protest has passed, and no court action ("Action") has been instituted. If an Action is instituted seeking refund of funds paid under protest, or to prevent CITY from collecting such funds, or challenging any provision of this Agreement, CITY shall notpay over such funds to DEVELOPER until the Action has been finalized and the authority of CITY to collect such funds and reimburse DEVELOPER has been sustained. CITY shall promptly notify DEVELOPER in writing of the Action. CITY shall reasonably support DEVELOPER's efforts to participate as a party to the Action, to defend the Action or settle the Action. Furthermore, CITY shall have the right to turn over the defense of the Action to DEVELOPER. If, within fifteen (15) days of CITY mailing a notice in compliance with Section 18 below requesting that DEVELOPER defend the Action, DEVELOPER fails to undertake the defense of the Action at DEVELOPER's sole cost and expense, CITY may stipulate to return of the funds so paid under protest, to cease collecting such funds, or enter into any other settlement of the Action acceptable to CITY and DEVELOPER shall lose any right to reimbursement under this Agreement of the amount contested in the Action. DEVELOPER shall reimburse CITY for its costs and attorneys' fees incurred in defense of the Action, including reasonable payment for legal services performed by the CITY's City Attorney, and for any liability CITY incurred in the Action, and such costs, fees and liability shall not be Reimbursable Costs. In addition, if CITY fails to impose a requirement upon development projects proposed by owners or developers of the Benefitted Properties, to pay their respective prorated share of the Reimbursable Costs, as specified in Exhibit "A" or as determined by the Director under Section 4 of this Agreement, or fails to collect such funds, DEVELOPER Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 71 Item 6 may exercise all of its legal rights to attempt to collect such funds from the Benefitted Properties, which legalrights shallnot be interpreted to include an action against the CITY. In the event DEVELOPER attempts to collect such funds from the Benefitted Properties, CITY shall assign to DEVELOPER all of its rights to collect such funds under this Agreement. c. Offset. CITY reserves the right to offset any Reimbursable Costs it collects against any unpaid fees, debts or obligations of DEVELOPERto CITY. CITY shall provide DEVELOPER with notice, in accordance with Section18, ofCITY's intent to offset any collected Reimbursable Costs against unpaid fees, debts or obligations described in the notice, and provide DEVELOPER with a reasonable opportunity to cure. 7. Bids for Installation of Public Improvements. In order to assure the Benefitted Properties that the costs of construction of the Excess Public Improvements are reasonable, prior to commencing construction of the Public Improvements, DEVELOPER shall obtain at least three (3) non-collusive bids for construction of the Public Improvements, and provide copies to CITY. DEVELOPER is not required to accept any particular bid. However, when DEVELOPER provides CITY with evidence of actual costs under Section 8, DEVELOPER must justify to CITY's reasonable satisfaction the selection of one of the higher bids if the difference between the bids is substantial and/or above the engineer's estimate set forth in Exhibit "A." As part of the bid packages both contractor and DEVELOPER shall provide Non-Collusion Affidavits in a form approved by the City Attorney. 8. Proof and Due Date of Reimbursable Costs. a. DEVELOPER shall provide CITY with evidence of the actual costs of each of the Public Improvements in the form of receipted bills, canceled checks, and contracts. All invoices or other documentation requested by CITY to confirm DEVELOPER's actual costs of the Public Improvements shall be submitted to CITY within sixty 60) days of the CITY's acceptance of the respective Public Improvement. Approval of Reimbursement Costs may occur in phases as projects are accepted by CITY. Failure to timely submit evidence shall void this Agreement with respect to that portion of the Public Improvements for which documentation is not timely filed. b. Failure to submit evidence sufficient to enable CITY to determine that costs were properly allocated to a specific Public Improvement shall void DEVELOPER's right to reimbursement for that Public Improvement. DEVELOPER shall be deemed to have failed to submit sufficient evidence if, as soon as reasonably possible after DEVELOPER's original timely submission of evidence, CITY notifies DEVELOPER, in writing, that the documentation submitted is inadequate, and after CITY provides such written notice, DEVELOPER thereafter fails to respond to such notice within sixty (60) days. If DEVELOPER complies with the deadlines specified in this Section 8(b), such a process shall be repeated until CITY determines it has adequate documentation to reimburse DEVELOPER or DEVELOPER has no new documentation to provide to CITY. Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 72 Item 6 c. Regardless of DEVELOPER's claimed costs incurred in constructing the Excess Public Improvements, CITY has the authority, through its Director or designee, in the exercise of his or her reasonable discretion, to determine the amount subject to possible reimbursement for each Excess Public Improvement. The purpose of this provision is to prevent unrelated, unjustified, unreasonable or excess costs from being passed on to the Benefitted Properties, and to ensure that DEVELOPER exercises reasonable control over costs of construction. If the Director disapproves any of DEVELOPER's claimed costs, the Director shall attempt to meet and confer with DEVELOPER to resolve the dispute. If the Parties cannot resolve the dispute within thirty (30) days of the Director's invitation to meet and confer, the Director shall have ultimate authority to determine the amount subject to possible reimbursement. 9. Payment of City Costs to Determine Reimbursable Amount. DEVELOPER shall reimburse CITY for CITY's actual costs incurred in determining the amount subject to possible reimbursement, including time and materials. Time/labor costs shall include benefits. 10. Reduction of Reimbursable Costs by Other Reimbursements. DEVELOPER may enter into agreements with other property owners or developers of the Benefitted Properties or others, addressing DEVELOPER's right to reimbursement resulting from DEVELOPER's oversizing or construction of Public Improvements that will benefit development of those other properties. To the extent DEVELOPER enters into such agreements or receives payment or consideration from others for costs that are otherwise "Reimbursable Costs" under this Agreement, such payments or consideration will be credited against the Reimbursable Costs otherwise due DEVELOPER under this Agreement. Notwithstanding the foregoing, DEVELOPER has no obligation to attempt to pursue reimbursement from other property owners or developers of the Benefitted Properties. 11. Timing of Reimbursement/Payment/Interest. Contingent upon completion and CITY's acceptance of the Public Improvements, and DEVELOPER's timely submission and CITY's approval of all invoices or other documentation as set forth in Section 8 above, and subject to Section 6, CITY shall attempt to collect from each of the Benefitted Properties, prior to the earlier of Final Map recordation or building permit issuance, its respective prorated share of the Reimbursement Costs, plus interest at two percent (2%) per year from the date the CITY accepts the Public Improvement subject to reimbursement under this Agreement. Any amount of Reimbursement Costs CITY collects shall be sent to DEVELOPER within thirty (30) days of receipt, subject to the provisions of Section 6. a. All reimbursements shall be by check or warrant made payable to: Righetti Ranch L.P. and mailed to: 179 Calle Magdalena, #201, Encinitas, CA 92024. 12. Indemnification. DEVELOPER agrees to indemnify, defend and hold CITY, its officials, agents, employees and contractors, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is any way related to: DEVELOPER's design or construction of the Public Improvements; or DEVELOPER's performance under this Agreement, or that of its contractors or agents; or Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 73 Item 6 from DEVELOPER's failure to pay prevailing wages for the construction of the Public Improvements or comply with applicable provisions of the Labor Code; or any litigation or Action under Section 6 or Section 7. Notwithstanding the foregoing, DEVELOPER shall have no duty to indemnify CITY for any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise from the sole negligence or willful misconduct of CITY, officials, agents, employees and contractors. DEVELOPER's indemnity obligations of this Section 12 shall expire at different times and may extend beyond expiration or termination of this Agreement. With regard to the construction of a specific Public Improvement, the indemnity obligation shall expire one 1) year after CITY's acceptance of that Public Improvement; provided, if CITY requests DEVELOPER to repair or replace any portion of a Public Improvement within one year of acceptance, DEVELOPER's indemnity obligation relating to the repaired or replaced portion of the Public Improvement shall extend for one (1) year commencing from date of the City’s acceptance of the repair or replacement. The Parties anticipate that DEVELOPER may construct, and CITY may accept, the Public Improvements, in multiple phases, at different times and that the indemnity obligations under this section may be staggered. With regard to any lawsuit or claim filed under Sections 6, 7 or 13, the indemnity obligation with regard to any such lawsuit(s) or claim(s)shall extend until final resolution of the lawsuit(s)or claim(s) and satisfaction of City’s related liability, loss and expense. 13. Labor laws and Prevailing Wages. DEVELOPER shall comply with and adhere to all applicable laborlaws, which may include payment of prevailing wages, nondiscrimination, payroll records, apprentices, etc. It shall be DEVELOPER's responsibility to determine the applicability of prevailing wage and other Labor Code provisions to DEVELOPER's construction of the Public Improvements. DEVELOPER assumes all financial responsibility for adverse prevailing wage actions or determinations. 14. Entire Agreement/Amendment. This Agreement represents the entire integrated agreement between the CITY and DEVELOPER regarding reimbursement for the Excess Public Improvements, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and DEVELOPER. 15. Governing Law and Venue. The interpretation and implementation of this Agreement shall be governed by the law of California, except for those provisions preempted by federal law. However, the laws of the State of California shall not be applied to the extent that they would require or allow the court to use the laws of another state or jurisdiction. The parties agree that all actions or proceeding arising out of or relating to the Agreement shall be tried and litigated only in the County of San Luis Obispo or the United States District Court for the Central District of California. 16. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 74 Item 6 17. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 18. Notices. All notices, demands, invoices, or written communications to the parties required or permitted hereunder shall be in writing and delivered personally or by U.S. mail, postage prepaid, to the following addresses or such other address as the parties may designate in accordance with this section: CITY Director Public Works 919 Palm Street San Luis Obispo, CA 93401 With a copy to: City Attorney 990 Palm Street San Luis Obispo, CA 93401 DEVELOPER Righetti Ranch, L.P. 979 Osos Street, Suite E San Luis Obispo, CA 93401 Attn: Travis Fuentez Phone: (805) 573-0401 Ambient Communities 179 Calle Magdalena, Suite 201 Encinitas, CA 92024 Attn: Rob Anselmo Phone: (619) 890-2349 With a copy to: Allen Matkins 1900 Main Street, 5th Floor Irvine, CA 92614 Attn: John Condas Phone: (949) 851-5551 19. Interpretation/Ambiguity. This Agreement was negotiated by the Parties, with the advice and assistance of their respective counsel, and shall not be construed in favor of or against either Party, regardless of who may have drafted it or any of its terms. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. 20. Assignment. DEVELOPER shall not assign, transfer or convey any of its rights, duties or obligations under this Agreement without the prior written approval of CITY. CITY shall not unreasonably withhold approval of any assignment. Any other assignment shall be null and void. Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 75 Item 6 21. Authority to Execute. Both CITY and DEVELOPER do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. Signatures on following page] Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 76 Item 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date written above. ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney CITY OF SAN LUIS OBISPO, a municipal corporation and charter city Heidi Harmon, Mayor DEVELOPER Righetti Ranch, LP A Delaware Limited partnership By: NRE Manager, LLC, a Delaware limited liability company Its: General Partner By: Ambient Righetti Manager, LLC, A California limited liability company Its: Sole member By: ____________________________ Travis Fuentez, President By: ____________________________ Dante Anselmo, Vice-President APPROVED AS TO FORM FOR DEVELOPER Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 77 Item 6 Righetti Ranch Reimbursement Agreement Exhibit A Eligible Packet Page 78Item 6 Reimbursable Improvement 1a - Waterline Cedar Court to Orcutt Rd Offsite Waterline Construction Fee Estimate Item Description Quantity Unit Unit Cost Total Water System Mobilization 1 LS 12,500.00 12,500 Traffic Control 1 LS 30,000.00 30,000 1 6" PVC Water Line 62 LF 50.00 3,100 2 8" PVC Water Line LF 104.00 - 3 12" PVC Water Line 800 LF 165.00 132,000 4 8" Ductile Iron Pipe LF 114.00 - 5 12" Ductile Iron Pipe 8 LF 165.00 1,320 6 2" Blowoff Assembly 1 EA 3,200.00 3,200 7 2" Air Relief Valve EA 3,975.00 - 8 Connect to Existing Laterals 6 EA 2,000.00 12,000 9 Gate Valve (6")6 EA 1,300.00 7,800 10 Gate Valve (8")3 EA 1,500.00 4,500 11 Gate Valve (12")13 EA 3,500.00 45,500 12 Thrust Block (6")2 EA 250.00 500 13 Thrust Block (8")3 EA 385.00 1,155 14 Thrust Block (12")9 EA 714.00 6,426 15 4" Warf Head 1 EA 1,000.00 1,000 16 Fire Hydrant 2 EA 8,510.00 17,020 17 Connect to Existing System 3 LS 5,000.00 15,000 18 Waterline Under Crossing 1 LS 5,000.00 5,000 19 CLA VAL 2 EA 3,000.00 6,000 20 Victaulic Couplings 4 EA 300.00 1,200 21 12"x8" Reducer 2 EA 2,000.00 4,000 22 Pipe Support 4 EA 500.00 2,000 23 PRV and Concrete Vault 1 EA 50,000.00 50,000 24 Saw Cut Asphalt Concrete 1,724 LF 2.17 3,741 25 Trench Patch 2,586 SF 4.00 10,344 26 Restore Traffic Striping 1 LS 10,000.00 10,000 PRV Telemetry 1 Telemetry 1 LS 110,000.00 110,000 Sub Total 495,306 Design & Consultants 15.0%74,296 Plan Check 1.9%9,411 Inspection 12.9%63,894 Sub Total 642,907 Contingency 10.0%64,291 Total 707,198 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 79 Item 6 Reimbursable Improvement 1b - Waterline Johnson Rd to Tiburon Rd Offsite Waterline Construction Fee Estimate Item Description Quantity Unit Unit Cost Total Water System Mobilization 1 LS 12,500.00 12,500 Traffic Control 1 LS 30,000.00 30,000 1 6" PVC Water Line LF 50.00 - 2 8" PVC Water Line 1,280 LF 104.00 133,120 3 12" PVC Water Line LF 165.00 - 4 8" Ductile Iron Pipe LF 114.00 - 5 12" Ductile Iron Pipe LF 165.00 - 6 2" Blowoff Assembly 1 EA 3,200.00 3,200 7 2" Air Relief Valve 1 EA 3,975.00 3,975 8 Connect to Existing Laterals EA 2,000.00 - 9 Gate Valve (6")EA 1,300.00 - 10 Gate Valve (8")4 EA 1,500.00 6,000 11 Gate Valve (12")EA 3,500.00 - 12 Thrust Block (6")EA 250.00 - 13 Thrust Block (8")4 EA 385.00 1,540 14 Thrust Block (12")EA 714.00 - 15 4" Warf Head EA 1,000.00 - 16 Fire Hydrant 2 EA 8,510.00 17,020 17 Connect to Existing System LS 5,000.00 - 18 Waterline Under Crossing LS 5,000.00 - 19 CLA VAL EA 3,000.00 - 20 Victaulic Couplings EA 300.00 - 21 12"x8" Reducer EA 2,000.00 - 22 Pipe Support EA 500.00 - 23 Concrete Vault EA 9,000.00 - 24 Saw Cut Asphalt Concrete 2,560 LF 2.17 5,555 25 Trench Patch 3,840 SF 4.00 15,360 26 Restore Traffic Striping 1 LS 10,000.00 10,000 PRV Telemetry 1 Telemetry 1 LS - Sub Total 238,270 Design & Consultants 15.0%35,741 Plan Check 1.9%4,527 Inspection 12.9%30,737 Sub Total 309,275 Contingency 10.0%30,927 Total 340,202 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 80 Item 6 Reimbursable Improvement 2 - Water Main Ranch House Rd to Sponza Rd Waterline Construction Fee Estimate Item Description Quantity Unit Unit Cost Total Water System Mobilization 0.50 LS 12,500.00 6,250 Traffic Control 0.00 LS 30,000.00 - 1 6" PVC Water Line 0.00 LF 50.00 - 2 8" PVC Water Line 465.00 LF 45.00 20,925 3 12" PVC Water Line 0.00 LF 165.00 - 4 8" Ductile Iron Pipe 0.00 LF 114.00 - 5 12" Ductile Iron Pipe 0.00 LF 165.00 - 6 2" Blowoff Assembly 1.00 EA 3,200.00 3,200 7 2" Air Relief Valve 1.00 EA 3,975.00 3,975 8 Connect to Existing Laterals 0.00 EA 2,000.00 - 9 Gate Valve (6")0.00 EA 1,300.00 - 10 Gate Valve (8")5.00 EA 1,500.00 7,500 11 Gate Valve (12")0.00 EA 3,500.00 - 12 Thrust Block (6")0.00 EA 250.00 - 13 Thrust Block (8")7.00 EA 385.00 2,695 14 Thrust Block (12")0.00 EA 714.00 - 15 4" Warf Head 0.00 EA 1,000.00 - 16 Fire Hydrant 0.00 EA 8,510.00 - 17 Connect to Existing System 1.00 LS 5,000.00 5,000 18 Waterline Under Crossing 0.00 LS 5,000.00 - 19 CLA VAL 0.00 EA 3,000.00 - 20 Victaulic Couplings 0.00 EA 300.00 - 21 12"x8" Reducer 0.00 EA 2,000.00 - 22 Pipe Support 0.00 EA 500.00 - 23 Concrete Vault 0.00 EA 50,000.00 - 24 Saw Cut Asphalt Concrete 0.00 LF 2.17 - 25 Trench Patch 0.00 SF 4.00 - 26 Restore Traffic Striping 0.00 LS 10,000.00 - PRV Telemetry 1 Telemetry 0.00 LS 61,000.00 - Sub Total 49,545 Design & Consultants 15.0%7,432 Plan Check 1.9%941 Inspection 12.9%6,391 Sub Total 64,309 Contingency 10.0%6,431 Total 70,740 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 81 Item 6 Reimbursable Improvement 3 - Recycled Water Main Tank Farm to Sponza to Ranch House Rd Reclaimed Waterline Construction Fee Estimate Item Description Quantity Unit Unit Cost Total Water System Mobilization 0.50 LS 12,500.00 6,250 Traffic Control 0.20 LS 30,000.00 6,000 1 6" PVC Water Line 0.00 LF 50.00 - 2 8" PVC Water Line 0.00 LF 104.00 - 3 12" PVC Water Line 0.00 LF 165.00 - 4 8" Ductile Iron Pipe 2,471.00 LF 114.00 281,694 5 12" Ductile Iron Pipe 0.00 LF 165.00 - 6 2" Blowoff Assembly 2.00 EA 3,200.00 6,400 7 2" Air Relief Valve 2.00 EA 3,975.00 7,950 8 Connect to Laterals 4.00 EA 2,000.00 8,000 9 Gate Valve (6")0.00 EA 1,300.00 - 10 Gate Valve (8")5.00 EA 1,500.00 7,500 11 Gate Valve (12")0.00 EA 3,500.00 - 12 Thrust Block (6")0.00 EA 250.00 - 13 Thrust Block (8")4.00 EA 385.00 1,540 14 Thrust Block (12")0.00 EA 714.00 - 15 4" Warf Head 1.00 EA 1,000.00 1,000 16 Fire Hydrant 0.00 EA 8,510.00 - 17 Connect to Existing System 1.00 LS 5,000.00 5,000 18 Waterline Under Crossing 0.00 LS 5,000.00 - 19 CLA VAL 0.00 EA 3,000.00 - 20 Victaulic Couplings 0.00 EA 300.00 - 21 12"x8" Reducer 0.00 EA 2,000.00 - 22 Pipe Support 4.00 EA 500.00 2,000 23 Concrete Vault 0.00 EA 50,000.00 - 24 Saw Cut Asphalt Concrete 0.00 LF 2.17 - 25 Trench Patch 0.00 SF 4.00 - 26 Restore Traffic Striping 0.00 LS 10,000.00 - PRV Telemetry 1 Telemetry 0.00 LS 61,000.00 - Sub Total 333,334 Design & Consultants 15.0%50,000 Plan Check 1.9%6,333 Inspection 12.9%43,000 Sub Total 432,668 Contingency 10.0%43,267 Total 475,934 Notes: Interior RW lines within Park ($49,367) Funded Through PFFP Method of assigning benefit is based onUtilities Department estimates of total recycled water demands for each property, translated into a gallons-per-minute delivery demand. OASP parklands costs are prorated by demand estimates below to each property. The total demand by property is then pro-rated to reflect respective shares of total cost. Ambient = 35 gpm demand estimate 43% of total demands $204,651.62 Farrior/Hall, Fiala = 4 gpm 5%$23,796.70 West Creek = 14 gpm 17%$80,908.78 Pratt 2, Evans, Anderson = 20 gpm 24%$114,224.16 Taylor-Muick = 9 gpm 11%$52,352.74 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 82 Item 6 Reimbursable Improvement 4 - Sanitary Sewer in Ranch House Rd from Tiburon to Sponza Sanitary Sewer Item Description Quantity Unit Unit Cost Total Sewer System Mobilization 0.20 LS 25,000.00 5,000 Traffic Control 0.00 LS 60,000.00 - 1 8" HDPE 490.00 LF 32.00 15,680 2 10" HDPE 0.00 LF 35.00 - 3 12" HDPE 0.00 LF 52.00 - 4 Manhole 2.00 EA 3,600.00 7,200 5 Mahole Deep 2.00 EA 4,500.00 9,000 6 Manhole Rock 0.00 EA 5,000.00 - 17 Connect to Existing System 1.00 LS 2,000.00 2,000 24 Saw Cut Asphalt Concrete 0.00 LF 2.17 - 25 Trench Patch 0.00 SF 4.00 - 26 Install future stub 2.00 EA 1,000.00 2,000 27 Restore Traffic Striping 0.00 LS 6,000.00 - Sub Total 40,880 Design & Consultants 15.0%6,132 Plan Check 1.9%777 Inspection 12.9%5,274 Sub Total 53,062 Contingency 10.0%5,306 Total 58,368 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 83 Item 6 Reimbursable Improvement 6a - Phase 1 Orcutt Road Packet Page 84Item 6 Reimbursable Improvement 6b - Phase 3 Orcutt Road Packet Page 85Item 6 Reimbursable Improvement 7 - Orcutt West Side Garay Frontage Improvements Orcutt Road West Side Frontage Improvement Item Description Quantity Unit Unit Cost Total 1 Mobilization 1.00 LS 25,000.00 25,000 2 Traffic Control 1.00 LS 30,000.00 30,000 3 West Side Road (per X-Sec A)470.00 LF 200.74 94,345 4 Intersection Blend (Tiburon & Calla Crotalo)SF 11.00 - 5 Driveway Blend 871.00 SF 6.00 5,226 6 a/c Dyke @ Int & Drv Blend LF 10.00 - Lid Structure Mobilization EA 5,000.00 - 7 LID Structure Area SF 11.26 - 8 LID Structure Perimeter LF 45.00 - 9 LID Structure Excavation EA 1,000.00 - 10 LID Structure Under Drain Connection EA 1,000.00 - 11 LID Structure Landscaping SF 4.00 - 12 Culvert Const. Mobilization 1.00 EA 15,000.00 15,000 13 Culvert Excavation 148.59 YD 50.00 7,430 14 Culvert Headwall Footings 358.00 SF 25.00 8,950 15 Culvert Pipe Extension 1.00 EA 6,000.00 6,000 16 Culvert Headwall Area 405.00 SF 100.00 40,500 17 Culvert RSP 13.00 YD 150.00 1,950 18 Culvert Excavation Area Clean-Up/Re-Vegetation 1,337.00 SF 7.00 9,359 19 Retaining Wall Footings LF 25.00 - 20 Retaining Wall Area SF 75.00 - 21 Power Pole Bracing 0.00 EA 5,000.00 - 22 Mail Box Replacement 1.00 EA 300.00 300 23 Fence Replacment 470.00 LF 25.00 11,750 Sub Total 255,810 Design & Consultants 15.0%38,372 Plan Check 1.9%4,860 Inspection 12.9%33,000 Sub Total 332,041 Contingency 10.0%33,204 Total 365,246 Resolution No. 10812 (2017 Series) AGREEMENT EXHIBIT Packet Page 86 Item 6 Garay~45 SFRProjects1a,1b, 6b,7Taylor / Muick53 SFR67 MFRProjects1a,1b,2,3, 4,5,Packet Page 87Item 6 1 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this _____ day of ______ 2019 by and between Righetti Ranch LP, a California limited partnership, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 3063-Phase 2, City of San Luis Obispo, California, as approved by the City Council on the ____ day of _________ 201__. The Subdivider desires that said Tract 3063-Phase 2 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications and any revisions thereto on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. LANDSCAPING Packet Page 88 Item 6 2 5. DRAINAGE STRUCTURES 6. STREET LIGHTS 7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project approvals. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the Tract 3063-Phase 2 final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all subdivision improvements unless specifically approved by the City. Packet Page 89 Item 6 3 The Subdivider does also agree to comply with the conditions established by the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. Setting of new survey monuments or resetting of disturbed monuments shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, instrument(s) of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is/are in the amount of $8,233,889 shown in Exhibit 2, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. Packet Page 90 Item 6 4 “AS-BUILT” record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials surety or sureties in the amount of 50% ($4,116,944) of the above described subdivision improvements in accordance with State law. Said Subdivider shall pay an inspection fee for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. If off-site dedication of property is necessary to facilitate the construction of the required subdivision improvements, the subdivider shall exhaust all avenues available to acquire said off-site dedication. In the event the subdivider is unable to acquire said property, the City may lend the subdivider its powers of condemnation to acquire the off-site dedication, including any necessary construction, slope, and drainage easements. The Subdivider shall pay for all costs incurred by the City to acquire the off-site dedication, including, but not limited to, all costs associated with condemnation through the condemnation process. Prior to proceeding with the condemnation process, 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 Packet Page 91 Item 6 5 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. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. Packet Page 92 Item 6 6 IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER Righetti Ranch, LP a Delaware limited partnership BY: NRE Manager, LLC a Delaware limited liability company ITS: General Partner BY: Ambient Righetti Manager, LLC a California limited liability company ITS: Sole Member BY: _______________________________ Travis Fuentez, President BY: _______________________________ Dante Anselmo, Vice-President CITY OF SAN LUIS OBISPO Heidi Harmon , MAYOR ATTEST: Teresa Purrington, CITY CLERK APPROVED AS TO FORM: J. Christine Dietrick, CITY ATTORNEY Packet Page 93 Item 6 7 EXHIBIT 1 TRACT 3063-PHASE 2 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation security in the amount of $__,___ to guarantee the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released once the installation of monuments has been verified and that existing monuments have not been disturbed, and upon receipt by the City of a letter from the Surveyor indicating that they have completed the work and have been paid. Subdivider shall adhere to the requirements of California Business and Professions Code Section 8771 with regards to monument preservation. The monumentation security also guarantees the replacement of any monuments that were disturbed during construction, along with filing of Records of Survey or Corner Records required by said Section 8771. 2. Plancheck and inspection fees for the subdivision improvements have been paid as listed in the attached Exhibit 2. 3. Park-in-lieu fees will be paid at time of issuance of building permit per the fee schedule in effect at the time the Vesting Tentative Map was approved (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. Credit is available to subdivider for dedication of approved parkland. 4. Water and sewer 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 approved (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. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at the time when the Vesting Tentative Map was approved (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. 6. The subdivider shall comply with all requirements of Council Resolution No. 10619 (2015 Series) approving the tentative map, and Council Resolution No. 10861 (2018 Series) amending the conditions and mitigation measures. 7. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #__. The fee of $_______ was approved by the City Engineer in accordance with City Engineering Standards and guidelines and satisfies the requirements of Condition #__. The Subdivider will be required to review this condition with the City Engineer upon each subsequent phase of development to determine if additional fees, testing, or pavement repair will be required as a result of impacts from future phases. 8. ADD OTHER ITEMS REQUIRED FOR PH 2 Packet Page 94 Item 6 8 EXHIBIT 2 TRACT 3063-PHASE 2 - FEE AND BOND LIST 3987 Orcutt Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance to guarantee construction and completion of the subdivision improvements (FMAP-1641- 2018) $8,233,889 Preliminary: may wait till actual bid amount. Bond xxx Can be released upon City acceptance of improvements, deposit of one-year warranty surety, and approval of record drawings. Total Labor & Materials (50% of total cost of above improvements) (FMAP- 1641-2018) $4,116,944 Preliminary: may wait till actual bid amount. Bond xxx Can be released 90 days after acceptance of improvements, if no claims. (Civil Code Section 8412) Monument Guarantee $__,___ CD xxx Can be released upon verification that monuments have been set and surveyor has been paid. 10% Warranty $823,388.90 Preliminary: may wait till actual bid amount. To be collected prior to release of Faithful Performance Bond Can be released one-year after acceptance of improvements, if no defects, and approval of record drawings. Fees: Map Check Fee $34,241.41 Check Date? Paid in Full Plan Check Fee (Fmap-1641-2018) $45,690.46 Check 7/25/18 Paid in Full, Calculated from 1st RRM cost estimate Plan Check Fee (Fmap-0196-2019) (Fmap case created for fees calculation only, based on final RRM construction cost estimates). $54,964.26 Check 3/29/19 Paid in Full, Calculated remainder from final RRM cost estimate (may credit some based on approved construction Bids) Construction Inspection Fee $289,243.68 Check 3/29/19 Paid in Full (may credit some based on approved construction Bids) Roadway Maintenance Fee $__,___ Check xxx Deposit in Acct # 40050300-90346953 Streets Reconstruction and Resurfacing Master per Matt Horn Park In-Lieu Fee1 To be collected with building permit. Credit to be given for approved parkland dedication. Affordable Housing Requirements See Affordable Housing Agreement Water Impact Fee1 To be collected with building permit Wastewater Impact Fee1 To be collected with building permit Transportation Impact Fee1 To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. Packet Page 95 Item 6 Page intentionally left blank. Packet Page 96 Item 6