HomeMy WebLinkAboutR-6049 - Approving Final Tract Map 1268 - Central Coast Plaza 353 Madonna Rd - William Bird, SubdividerRESOLUTION NO. 6049 (1986 sERIES)
A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1268
CENTRAL COAST PLAZA - 353 MADONNA ROAD
WILLIAM BIRD, SUBDIVIDER
WHEREAS, the City Council made certain findings concerning Tract 1268, as
contained in Resolution No. 5735 (1985 Series), and
WHEREAS, all conditions required per Resolution No. 5735 (1985 Series) have
been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1268.
On motion of Councilman Settle , sceonded by Councilwoman Rap-pa ,
and on the following roll call vote;
AYES: Councilmembers Settle, Rappa, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilman Griffin
the foregoing Resolution was passed and adopted this 19th day of Aueust ,
1986.
ATTEST:
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CITY CL *K PAMELA VOGE
R 6049
Resolution No. 6049 (1986 Series)
Page Two.
APPROVED:
City Administrative Officer
4vo,—
City Attoney
Community Development Director
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City Engineer
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by
RESawrION No. 5735
(1985 Series)
A RESOLUTION OF THE 00UNCCL OF THE QTY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1268
LOCATED AT 353 MADONNA ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council; after consideration of the
tentative map of Tract 1268 and the Planning Ccanu.ssicn's reoam7endations;
staff recaimiendations and reports thereon; makes the following findings:
1. In accordance with state and city environmental review guidelines; an
initial environmental study (ER 5-85) has been prepared and on January 30;
1985; the Community Development Director determined that the previous EIR
and supplement are adequate for this application. The Planning Commission
affirms this determination.
2. The tentative map is consistent with the general plan and it. substantially
complies with the PD 1165 development plan.
3. The site is physically suitable for the proposed type and density of
development allowed by the C -R-PD zone.
4. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. The design of the subdivision and the type of improvements are not likely
to cause public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements for access through or use of property within the
proposed subdivision.
SECTION 2. Conditions. That the approval of the tentative map for Tract
1268 be subject to the following conditions:
1. Final map shall show Lot 5 conbined with lot 10.
2. If lots 6 and 7 are not corbined; subdivider shall record an agreement not
to separate ownership of the lots to run with the land in a form to be
approved by the City Attorney and the Chief Building Official.
3. The final map submittal shall include a depiction of buildings in relation
to property lines. Parcel boundaries on the final map shall be revised to
reflect Building locations and setbacks from property lines that may be
required by the Uniform Building Code.
Resolution No. 5735 (1985 Series)
Tract 1269
Page 2
4. Final map shall include a note that conditions of Ordinance No. 1015 (1984
Series) are conditions of development of the tract.
5. Offers of street dedication on the final map shall be consistent with the
approved final development plan and to the approval of the City Engineer.
6. The northwesterly drives into the site from El Mercado and from Zozcbra
Lane shall.be street -type (curbed) entries. All other drives into the site
from public streets shall be driveway ramps.
7. Subdivider shall contribute to the cost of a new traffic signal at Madonna
Road and Zozcbra Lane; as determined by the City Engineer.
8. On -site savers shall be private, within private easements.
9. Domestic-water service shall be provided along public street frontages from
existing mains. On -site water lines shall be private.
10. Prior to filing final map, the subdivider shall obtain a building permit to
commence construction of the shopping mall project autorized under Planned
Development /Rezoning PD 1165 (Ordinance No. 10150 1984 Series).
On motion of Councilman Settle ; seconded by Councilman-Griffin--; and
on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None_
ABSENT: None
the foregoing resolution was passed and adopted this 16th_ day of - July-..
1985.
C
- vlGl�a1TY ��►�
Ordinance No. 997 (1983 Series)
L'XHIIII'f n
PD 1072
V OS -20 Co C -R -PD
A G R E E M E N T
�1
THIS AGREEMENT dated this 19th day of August, 1986, by and
between WILLIAM L. BIRD and MARILYN L. BIRD, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City."
WITNESSETH:
REFERENCE IS HEREBY.MADE to that certain proposed subdivision of that
certain real property in the City of Ban Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1268 (Central Coast Plaza), City of San Luis Obispo, California, as
approved by the City Council, on the 19th day of August 1986 -
WHEREAS,the Subdivider desires that said Tract 1268 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances and
regulations, and in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
I
C.
1. CURBS, 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. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. 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.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
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 final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City Council, 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
2
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 public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:
1. The Subdivider:shall deposit a monumentation bond of $1,000.00 to cover the
J\�nstallation of survey monuments in accordance with the approved map and
payment for same. Said deposit will be released to the Subdivider upon n �]
receipt by the City of a letter from the. Engineer indicating they have I't�
completed the work and have been paid.
2. The Subdivider shall pay water and sewer fees
as follows:
a. Water frontage
g
1.874.12 'lf % $11.60 =
$
21 ,739.79
1 �j(
b. Water acreage
23.88 Ac (less street dedic.) x $11.60/Ac
=. $
27,705.67
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?
c. Sewer fee
(Laguna lift station & frontage charge
$
4,788.22
3. Traffic Signal Contribution CA'_ . / 5�0�
$22,750.00
r c�.e�Cr
( El Mercado)
///
Total
$
76,98/3.68-7
4. Conditions of the Developer's agreement with
City dated
1986.
5. The Subdivider must comply with all conditions of Resolution No. 5735 (1985
Series)
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office -, Department of Interior, Washington, D.C.
3
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, `-`-na "b -__. ef
�
°� /bond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(ins tmeRt -° t /bond) is in the amount of five hundred
thousand dollars $500,000.00 and which is in 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 against any defective work or labor
done, or defective materials furnished, in the performance of this
agreement.
Completion of the work shall be deemed to have occurred on the date as
of 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.
If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, Which has
n
C\ JI
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 agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $16,500.00,
bt-
from which deposit the City will pay the salary and expenses of an
inspector or inspectors to inspect installation of said subdivision
improvements and certify -that they have been completed.in accordance with
the plans and specifications. Any unexpended monies will be returned to
the Subdivider. In the event the inspection fees exceed the sum of
$16,500.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
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.
It is understood and agreed by and between the Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement.
0
9
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.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
N William L. Bird
Marilyn Bird
IATTES
CI Y dLERK PAMELA GES
Approved as to form:
City Att ney oineer Oity
agr -:1268
by
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