HomeMy WebLinkAbout2015-065112 c.
TOMMY GONG ID
San Luis Obispo County—Clerk/Recorder 12/29/2015
Recorded at the request of 10:26 AM
Public
RECORDING REOUESTED BY D 0 c#: 2015065112 Titles: 1 Pages: 12
AND!WHEN RECORDED Fees 0.00 !
RETURN TO:
111 101 11111 1111 1111 Taxes 0.00
Others 0.00
City of Arroyo Grande PAID $0.00
Attn: City Clerk
300 E.Branch Street
Arroyo Grande, CA 93421
Space Above This Line For Recorder's Use
DEVELOPMENT AGREEMENT
(Non Recording Fee — Exempt)
THIS DEVELOPMENT AGREEMENT (this "Agreement') dated as of this.27 day of 604,
2015 (the "Effective Date"), by and between the City of Arroyo Grande ("City"), a municipal
corporation, and NKT Commercial, LLC a California limited liability company ("Property
Owner").
RECITALS -
WHEREAS, Property Owner is the owner of real property co•sisting of approximately 4.47
acres;identified as Subarea 3 of the Berry Gardens Specific PI i1 located in the City of Arroyo
Grande, State of California and legally described in Exhibit A, attached hereto and incorporated
herein by this reference(hereinafter referred"to as the"Property"); and
WHEREAS, Property Owner and City desire to facilitate the development and construction of a
mixed use (commercial and office/residential) project on the property (the "Project") in order to
accomplish three shared important goals: 1) Provide NKT with sufficient flexibility to induce
investment related to the Project; 2) Generate economic revitalization of the Grand Avenue
corridor through a high quality Gateway development project; and 3) Preserve the adjacent
neighborhood's residential character; and
WHEREAS, to strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature of the
State of California enacted California Government Code §65864; and
WHEREAS, City, in order to accomplish the same, enacted Arroyo Grande Municipal Code
. §16.16.150, setting forth the required process for reviewing, processing and approving
development agreements; and
WHEREAS, The City has determined that the Project is a development for which a
development agreement is appropriate. A development agreement will eliminate uncertainty in
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the City's land use planning for, and secure orderly development of, the Project and otherwise
achieve the goals and purposes of the city. In exchange for the public benefits and other benefits
to the City and the public, Owner desires to receive vested rights, including, without limitation,
legal assurances that the City will grant permits and approvals required for the development.
Occupancy and use of the Project over the Project's estimated development period in accordance
with the Existing City Laws (as defined in this Agreement), subject to the terms and conditions
contained in this Agreement. In order to effectuate these purposes, the City and Owner desire to
enter into this Agreement; and
WHEREAS, City published a notice of intention to consider adoption of this Agreement
pursuant to Government Code Section §§65090 and 65091 and duly held a public hearing; and
WHEREAS, the City finds the following:
a. This Agreement is consistent with the goals, objectives, policies, general land uses
and programs specified in the General Plan.
b. This Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the 2015 Specific Plan Amendment in which the Project is located.
c. This Agreement is in conformity with public convenience, general welfare and good
land use practice.
d. This Agreement will not be detrimental to the health, safety or general welfare.
e. This Agreement will not, in respect to the Property, or any other property, adversely
affect the orderly development thereof or the preservation of property values; and
WHEREAS, pursuant to Ordinance No. 413, the City approved this Agreement with
property Owner, setting forth the permitted uses of the Property, design guidelines, density
and intensity of use, and the maximum height and size of building.
NOW; THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, City and Property Owner
agree as follows:
Sectio C 1. Recitals. The above recitals are hereby incorporated into the body of this Agreement
as though set forth in full herein.
Section 2. Term and Periodic Review.
This Agreement shall be effective immediately upon the Effective Date and shall expire
five (5) years from said date, unless otherwise extended by City in writing pursuant to
-Section 7.
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a. City shall, not less than every twelve (12) months from the Effective Date,
comprehensively review Property Owner's efforts to comply with the terms and
conditions of this Agreement.
Section 3. Development Entitlements. The Property Owner agrees to develop and
construct Alternative 2 described in the MOU between City and perry Owner dated February
10th, 2015, and as described in further detail in Exhibit `B" and by this reference hereby
incorporated. For the term of this Agreement, the Project is hereby approved subject to the terms
and conditions set forth herein and in the adopted Mitigate d Negative Declaration dated
November 14, 2014 and revised July 20, 2015 on file with the office of the City Clerk, located
at 300 E. Branch Street, and as further set forth in Exhibit `B" attached hereto and incorporated
herein by this reference. The entitlements set forth above will include various additional
conditions and requirements including, but not limited to additional discretionary and
ministerial approvals, with which Property Owner will be required to comply in order to
develop the Property and construct and operate the Project. Such approvals shall be reviewed
and approved in accordance with the City of Arroyo Grande Municipal Code, California
Environmental Quality Act and all other applicable local, state and federal laws and
regulations.
Section 4. Vested Right. Property Owner shall have a vested right to develop the Project in
accordance with this Agreement.
Section 5. Fees. Property Owner shall pay to City all fees, including, but not limited to building
permit, plan check, inspection, water and sewer connection fees, encroachment permit,
improvement plan, application and processing or other City development related fees.
Development impact fees shall be payable at the time of the issuance of the permit for such
construction activities on the site, as permitted in the City municipal code.
Section 6. Referendum. The parties acknowledge that City's approval of this Agreement is a
legislative act subject to referendum.
Section 7. Amendment or Cancellation. This Agreement may be amended, or canceled in whole
or in part, by mutual written consent of the parties subject to compliance with Arroyo Grande
Municipal Code Section §16.16.150.F.2. Notice of intention to amend or cancel any portion of
the Agreement shall be given in a manner provided by Government Code Section §65867.
Section 8. Environmental Compliance. In accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the
Implementation of CEQA, staff has conducted an Initial Study and prepared a Draft Mitigated
Negative Declaration (MND) for the proposed project dated July 20, 2015.
Section 9. Attorneys' Fees, Costs, and Expenses. In any litigation, arbitration, or other,
proceeding in law or equity by which one party to the Agreement seeks to enforce its rights
under the Agreement, to resolve any alleged dispute, breach, default, or misrepresentation in
connection with any of the provisions of this Agreement, to seek a declaration of any rights or
obligations under this Agreement, or to interpret the provisions of this Agreement, the prevailing
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party shall be entitled to recover from the losing party actual attorneys' fees incurred to resolve
the dispute and to enforce the final judgment, award, decision, or order and such fees, costs; or
expenses shall be in addition to any other relief to which the prevailing party maybe entitled.
Section 10. Notices. To be effective, all notices, requests, demands, and other communications
required or permitted under this Agreement shall be in writing and shall be delivered either in
person or by certified mail, postage prepared, return receipt requested. Notice is deemed
effective on delivery if served personally on the party to whom notice is to be given and delivery
if served personally on the party to whom notice is to be given, by first class mail, registered or
certified, return receipt requested, postage prepaid, and properly addressed as set forth below.
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or
omission of the party to be notified shall be deemed effective as of the first date that said notice
was refused, unclaimed, or deemed undeliverable by the postal authorities. The addresses for
purposes of giving notice are as set forth below but each party may change its address by written
notice in accordance with this paragraph.
If to Property Owner: NKT Commerical, LLC
Attn: Nicholas Tompkins
684 Higuera Suite B
San Luis Obispo, CA 93401
If to CITY: City of Arroyo Grande
Attn: City Manager
300 E. Branch Street
Arroyo Grande, CA 93421-0550
Section 11. Authorizations. All officers and individuals executing, this Agreement and other
related documents on behalf of the respective parties do hereby certify and warrant that they
have the capacity and have been duly authorized to so execute said documents on behalf of the -
entity so indicated.
Section 12. Headings and Captions. The captions and headings of this Agreement are inserted
for convenience only and shall not be deemed a part of this Agreement and shall not be used in
interpreting this Agreement or in determining any of the rights or obligations of the parties to this
Agreement.
Section 13. Severability. If any term, provision, covenant, or condition of this Agreement shall
be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in
part, r shall be held by any court of competent jurisdiction to be illegal, invalid, null, void,
unenforceable, or against public policy, in whole or in part, or shall be held by any court of
competent jurisdiction to be illegal, invalid, null, or void, or against public policy, the term,
provision, covenant, or condition shall be deemed severable, and the remaining provisions of this
Agreement shall remain in full force and effect and shall not be affected, impaired, invalidated.
The teen, provision, covenant, or condition that is so invalidated, voided, or held to be
unenforceable shall be modified or changed by the parties to the extent possible to carry out the
intentions and directives set forth in this Agreement.
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Section 14. Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which shall be an original,but all of which together shall constitute one and
the same instrument.
Section' 15. Entire Agreement. This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the Agreement and
supersedes all prior and contemporaneous agreements, promises, representations, warranties,
understandings, or undertakings by either of the parties, either oral or written, of any character or
nature. No party has been induced to enter into this Agreement by, nor is any party relying on,
any representation or warranty outside those expressly set forth in this Agreement.
Section 16. Ambiguities. Each party and its counsel have participated fully in the review and
revision of this Lease. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement.
IN VWiTNESS WHEREOF, the parties have executed this Agreement which shall be deemed
effective as of the first date set forth above.
CITY OF ARROYO GRANDE NKT COMMERCIAL,LLC
By: -- By: //` r/
Jim, ill'.M or Nic olas To s Akins, ,/ aging- II ber
D, ,�,� !��lLllS Date:
f -�' _...A'trrst; -, , ,/. , rr0;/ As Appr. ,ed to 'orm:
�.; C, R� .� /_../:;/, /Pi; l k,
_ '����� ���._ , . ! 1','FLJ,_...
�, I. y Kelly W•tmo J,, f'�' ,6 rk :!`eady
, \ Da e: ' --I: • / 1,/. Date: �\
` \ ^,, ''As$pp' gv�ed to Form:
e er K. Whitham, City Attorney
Date: /Z/17//c
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
Cou i ty of 1 1...JA I S 1) /� ,,,, 11
On " eelj.+r' `5 •ab�sbefore me, Ali a& A A. (LIrYIp�t�fl S, IQ Dian/ ' 191i G,
Date Here Insert Name and Title of the Oltiter
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personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( 'whose name( &a,
scribed to the within instrument and acknoyrlpdged to me that )fe/tt) y executed the same in
h' l r/thir authorized capacity s),and that by 10 1/h f/tt}�r signatur on the instrument the person('
r the entity upon behalf of which the person('acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
' true and correct.
WIT∎ hand ate* official seal./
MICHELE A.TOMPKINS
�'. �- Commission 0 2107918 ,
I/�
i C }�i Notary Public•California Signature 11t)ak -./ih
z `R f San Luis Obispo County Signature .!Votary Public
�°"' M Comm.E irea Ma 5 2019
' Place Notary Seal Above
1 OPTIONAL
Though this section is optional, completing this information can deter alteration • e document or
fraudulent reattachment of this form to an unintended doc. ent.
Description of Attached Document
Title or Type of Document: Dc ument Date:
Number of Pages: Signer(s) Other Than Named ,' •ove:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General ❑Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in F. ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian a Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signl r Is Representin•. Signer Is Representing:
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02014 ■ • Tonal Notary Association •www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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r we v e sroz a s e ewe we e star ou a we r w oz aw a nwzazowe v ewe.,. a o a A w w
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California //, )
County��of 'S -/) c_-42S 0L�ZPO ) ',
On (K. -r/5',c3C)'S' before me, sT il-` e/,L _ /14-t--(14...fr-e /4)119,--frig /-LI-b I; Q.-
Date r Here Insert Name and Title of the fficer
personally appeared _AD(
ft. F. /212_0_• . .
)_of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose namecj is/are
subscribed to the within instrument and acknowledged to me that he/ ey executed the same in
his/herAheir authorized capacity(ies),and that by his/her/their signature(,t)on the instrument the person(?'),
or the entity upon behalf of which the person( acted, executed the i�rf trument.
;., r I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
l. SHERYL L.MEYER WITNESS my hand and official seal.
Commission et 2048486 J
Notary Public•Cahfarnia ,� / AO
' San Luis Obispo County .
�; '�� Signature ��1i.
Comm.Ea fires Dec 6,2017
Sig.:ture of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, cd •leting this information can deter alteration • the document or
fraudulent reatta, ment of this form to an unintended docum-nt.
Description of Attached Doc i -nt J r I &„/ /_ a7 0/06-.
Title or Type of Do ent: 47/ ' t? -/2 T�'i Document a ate: y� 1' i
Number of Pages: Signer(s) Other Than Named bove:
Capacity(ies) Claimed b Signer(s)
Signer's Name: Signer's Name;/
❑Corporate Officer Title(s): ❑Corporate officer — Title(s):
❑ Partner — ❑ Li ' ed ❑General ❑ Partner ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individ al ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trus e ❑Guardian or Conservator
❑Other: ❑ Ot er:
Signer Is representing: Sig er Is Representing:
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2014 National Notary Association •www.NationalNota /org • 1-800-US NOTARY(1-800-876-6827) Item#5907
t
EXHIBIT A
Order Number: 4001-4741519 (LI)
. Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California,
described as follows:
(Certificate of Compliance 2009-038585)(A.P.N.: 077-131-052 and 077-131-054)
A portion of Block 86, Block 114 and Rockaway Avenue of the Town of Grover, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map filed November
23, 1892 in Book A, Page 6 of Maps, in the office of the County Recorder of said County, and
that portion of Remainder of Tract 2471, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to map filed August 16, 2004 in Book 24, Pages 9, 10 and
11 of Maps, in the office of the County Recorder of said County, and being more particularly
described as follows:
Beginning at the Northeast Corner of Lot 1 of Tract 2158, in the City of Grover Beach, County of
San Luis Obispo, State of California, according to map filed May 2, 1994 in Book 17, Page 23 of
Maps, in the office of the County Recorder of said County;
' thence along the Easterly line thereof and along the East line of the land described in deed to
' John Bradley Forde and Anita Madeline Forde in Document No. 2003122906 filed October 22,
2003 in the office of the County Recorder of said County, South 03°14'51"West, 645.07 feet to
the Northwest Comer of Lot 7 of said Tract 2471;
thence along the Northerly line of said Tract 2471 and the Northerly line of Tract 2260 Phase I,
in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map
filed November 3, 2000 in Book 19, Page 43 of Maps, in the office of the County Recorder of said
County thereof, South 86°45'35" East,411.86 feet to a point on the Westerly line of an existing
50-foot Easement for Road Purposes, as shown on Parcel Map AG 00-301, in the City of Arroyo
Grande,
County of San Luis Obispo, State of California, according to map filed June 25, 2002 in Book 56,
Page 54 of Parcel Maps, in the office of County Recorder of said County,which point is South
86°45'35" East, 7.00 feet from the Northeast Comer of Lot 84 of said Tract 2260 Phase I;
thence along the Westerly line of said 50-foot Easement for Road Purposes, North 03°14'46"
East, 645.00 feet to a point along the Southerly Right-of-Way of East Grand Avenue;
thence along said Southerly Right-of-Way line thereof, North 86°45'00"West, 411.84 feet to the
Point of Beginning;
EXCEPT the South 172.25 feet thereof.
APN: 077-131-052 and 077-131-054
FirstAmericanTitle
Exhibit`B"
For purposes of clarity,the Project is described as two separate areas; Subarea 3a and
Subarea 3b.
Subarea 3a will refer to the commercial portion of the Project fronting onto East Grand
Avenue;while Subarea 3b will refer to the residential portion of the Project fronting onto South
Courtland Street.
a. Project Specifics:
i. Subarea 3a will include approximately 15,600 square feet of commercial or office
space divided among three(3) separate buildings, representing a 5,000 square foot
expansion from the Project submitted to the City Council on December 9, 2014. The
buildings will be located on three(3) separate lots ranging in size from approximately
10,000 square feet to approximately 26,000 square feet. The western building will
front onto East Grand Avenue and will include approximately 5,500 square feet of
mixed-use commercial or office space. The eastern building will front onto East
Grand Avenue and will include approximately 6,500 square feet of commercial or
office space. The third building will be located along South Courtland Street and will
include approximately 3,600 square feet of commercial or office space. Parking for
Subarea 3a will be located behind and to the side of the two buildings fronting onto
East Grand Avenue. In addition,three(3) outdoor plaza/paseo spaces at ground-level
will be incorporated within Subarea 3a and will provide opportunities for outdoor
dining. The central plaza spaces located along the central driveway will incorporate
planters, furnishings, and/or other features to separate the plaza spaces from the
central driveway. The plaza space at the corner of East Grand Avenue and South
Courtland Street will incorporate a low wall feature to minimize noise and will
include planters, furnishings, and/or other features.
Front yard setbacks for the commercial buildings fronting East Grand Avenue will be
between zero (0) to five(5) feet. The side yard setbacks for the commercial buildings
along South Courtland Street and the interior side yard setbacks along the City Limit
' Line will be a minimum of zero (0) to five(5) feet. Rear yard setbacks for the
commercial buildings along Subarea 3b will be a minimum of zero (0)to five(5)
feet.
ii. Subarea 3b will include thirty-six (36) single-family residential units in a small lot,
detached format that includes driveways, on- and off-street parking, and a centrally
located Neighborhood Green. This represents a reduction in area devoted to housing
by five(5)units from the Project submitted to the City Council on December 9, 2014.
The minimum lot size for the single-family residential parcels will be 2,000 square-
feet. Front yard setbacks for residential units fronting onto South Courtland Street
will be a minimum of ten (10) feet. The residential unit adjacent to Subarea 3a
parking areas will have a minimum setback of ten(10) feet. Units with a rear yard to
the City Limit Line will have a minimum setback of ten (10) feet. Those units facing
the private drive will
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have a minimum street setback of two (2) feet, with a minimum side yard setback of
four(4) feet. Units fronting onto the Neighborhood Green will have a front yard, open
space setback of eight (8) feet.
b. Architecture and Design
i. All buildings located within Subarea 3a will be designed in a contemporary
architectural style. Building designs will include changes in wall planes, glazing at
ground level, a variety of materials, awnings, and signage. Materials will include but
are not limited to brick,plaster, steel, and aluminum. Street/Parking lot lighting and
wall lighting will be incorporated within Subarea 3a. Signage will allow for up to one
(1)wall sign per building face with the total area for each tenants sign on each
building face not exceeding one and a half(1.5) square feet of sign area for each
linear foot of building frontage for the business. Perimeter fencing or walls along the
East Grand Avenue and South Courtland Street frontages will be limited to three and
a half(3.5) feet in height unless the portion over three and a half(3.5) feet,up to six
(6) feet,is 75%light emitting, or combined with a raised planter. All fences and walls
will be subject to discretionary review. Maximum allowed building height for
Subarea 3a, including all architectural features, will not exceed 40 feet in height.
ii. Subarea 3b will be designed in a contemporary, mid-century architectural style that
complements Subarea 3a. Color and material selection will be consistent with the
mid-century architectural style. Materials will include but are not limited to plaster,
fiber cement siding, asphalt shingles, corrugated metal, and natural wood.
Street/Parking lot lighting,bollard path lighting, and wall lighting will be
incorporated within Subarea 3b. Those residential units facing onto South Courtland
Street will include porches that address the street. Residential units facing the
Neighborhood Green will address the common open space. All units will have a side
yard reciprocal easement that creates a useable eight(8) foot patio space for said
units. Units adjacent to Subarea 3a and units adjacent to the City Limit Line will
include a maximum six (6) foot retaining wall with six (6) foot fences placed on top,
for a maximum height of 12 feet,where appropriate. Fencing between Subarea 3a
parking and Subarea 3b residential units will be double sided to buffer between
parking areas and residences. Perimeter fencing or walls along the East Grand
Avenue and South Courtland Street frontages will be limited to three and a half
(3.5) feet in height unless the portion over three and a half(3.5) feet,up to six (6)
feet, is 75%light emitting, or combined with a raised planter. All fences and walls
will be subject to discretionary review. Maximum allowed building height for
Subarea 3b will not exceed 35 feet or two-stories,whichever is less. Total building
height including all architectural features will not exceed 40 feet.
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c. Neighborhood Green
i�. The Neighborhood Green will be centrally located in Subarea 3b and will include a
pavilion, sitting areas,play structure, flex spaces, and mailbox area. A mixture of
hardscape and greenscape will be included with the landscape palette focused on
drought tolerant plantings. Pedestrian pathways will be incorporated to provide access
to the Neighborhood Green throughout Subarea 3b.
d. Density
i�. As calculated by AGMC Subsection 16.36.030.C, Subarea 3b will have 17.58 units
per acre.
e. Ci Iculation and Access
Improvements to streets and intersections shall be generally limited to the proposed
improvements associated with Proposed General Plan Amendment 14-002, Specific Plan
Amendment 14-001, Conditional Use Permit 14-009 and Vesting Tentative Tract Map 14-
001.
i. Subarea 3a will include three(3) access points,two (2) along East Grand Avenue and
one(1) along South Courtland Street. The westernmost driveway along East Grand
Avenue will be designed to only allow vehicular egress in an eastbound manner. The
center driveway along East Grand Avenue will be designed to only allow vehicular
ingress. The single driveway along South Co urtland Street will allow full ingress
and egress to Subarea 3a.
ii. Subarea 3b will include two (2) access points, one (1) along South Courtland Street
' and one (1) emergency access from the People's Self Help Housing Development
located to the south. The South Courtland Street private drive will allow full ingress
and egress to Subarea 3b and will be aligned with the existing commercial driveway
to the east. The private drive will allow shared use by vehicles,bicyclists, and
pedestrians. The emergency access drive will only allow emergency vehicle access to
and from the People's Self Help Housing Development and will be maintained as part
of the Project.
f Parking
i. Subarea 3a will include a total of seventy-seven (77) open, unassigned parking
spaces for commercial use. All parking spaces will be located to the rear and the
side of Subarea 3a buildings.
ii. Subarea 3b will include a total of one hundred nine(109)parking spaces. Seventy-
two (72)will be enclosed, off-street parking spaces,representing two (2) spaces per
unit. In addition, thirty-seven (37) guest parking spaces will be provided,
representing 1.03 guest parking spaces per
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unit. Guest parking spaces will be dispersed throughout Subarea 3b with a majority
located in the southwest corner and north portion of the site.
g. Pedestrian Improvements
i. Pedestrian improvements will include improved and widened sidewalks for the
project frontage along East Grand Avenue and South Courtland Street. Street trees
will be provided along East Grand Avenue and South Courtland Street within ten (10)
feet of curb edge where feasible. South Courtland Street will be widened and will
allow for on-street parallel parking along the Project frontage. A Class II bicycle lane
will be provided along the Project frontage on South Courtland Street. The Project's
fair share of cross walk enhancements at the East Grand Avenue and South Courtland
Street will also be incorporated.
h. Storm Drain
i. Each drainage subarea will incorporate post-construction storm water management
measures consistent with Regional Water Quality Control Board standards. Project
water quality measures will be provided on-site and include low-impact design
features such as disconnected downspouts,rain gardens and/or other measures
promoting storm water infiltration through surface and/or sub-surface infiltration
basins. Mitigation of post-development peak storm water run-off will be directed to
the east, across Courtland Street to the Poplar Basin, which was designed and built to
accommodate development of the Subareas. __-
j. Timing
i. Property Owner will commence construction of both Subarea 3a and 3b within
five(5) years of approval.
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END OF DOCUMENT'