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HomeMy WebLinkAboutR-4474 Approving Final Map Tract No. 683 located 850 Los Osos Valley Road - S.E.B. Estates9 l RESOLUTION NO. 4474 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 6839 S.E.B. ESTATES, LOCATED AT 850 LOS OSOS VALLEY ROAD, S.E.B., INC.; SUBDIVIDER, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Whereas this Council previously made certain findings concerning Tract 683 as contained in Resolution No. 3656 (1978 Series) and time extensions per Resoution Nos. 3981 (1979 Series), 41.78 (1980 Series), and 4265 (1980 Series); and SECTION 2. Whereas a set -aside letter totaling $954,000 is on file with the City to .guarantee installation of subdivision improvements. SECTION 3. This Council hereby grants approval of the final map of Tract 683.and authorizes the Mayor to execute the agreement. On motion of Councilman'Settle , seconded by Councilman Runin_.. , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this day of May , 1981. MAYO LANIE C. BILLIG ATTEST: � If 114e !l CTIN CITY CLERK VOGES R 4474 APPROVED: oft . isra — tive Officer City Attorney ��,z-n/��?` Public Services Director r �-J RESOLUTION NO. 3656 (1978 series) A RESOLUTION OF THE COUNCIL OF THE CITY. OF.SAN.LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP 683,'; LOCATED AT 850 LOS OSOS VALLEY ROAD. BE IT RESOLVED by the Council of the City of San Lui.s;Obispo as follows:. SECTION 1. That this Council, after consideration of the tentative map of Tract 683 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: (1) The tentative map is consistent with the general plan; and (2)' The design and improvements of the proposed subdivision are consistent with the general plan; and (3) The site is physically suitable for the type of development proposed; and (4) The site is physically suitable for the proposed density,of develop- ment; and (5) 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; and (6) The design of the subdivision or the type of improvements are not likely to cause public health problems; and (7) The design of the subdivison or the type of improvements will not conflict with easements, for access through or use.of property within the proposed subdivision. SECTION 2. That the approval of'the tentative map for Tract 683 be subject to the following conditions-: (1) Sidewalk and street trees are hereby waived along all'of the frontage of lot 104. In lieu of sidewalk, a 10 -foot level area behind the curb shall be provided. (Z) Subdivider shall install street trees along all street frontages in a standard street tree easement where needed. (3) A perpetual open space easement shall be area designated as "iot 104" on the map. .be to maintain the area in its natural o ment shall run with the land and provide use or alterations of the area: granted to the city for the The open space easement will Den space character. The ease - the following limitations on Ric S V Resolution No. 3656 (1978 Series) Tentative tract map 683 Page 3 (12) All lakeshore lots (lots 1 -25) shall be considered sensitive sites and all development proposals shall be subject to Architectural Review Commission approval: Such shall.be noted on final map. (13) Subdivider shall install a fence and landscaping at rear lot line of all Lakeshore lots (lots 1 -25) to the approval of the. community development director: (14) All lot corners shall be staked by a registered_ civil engineer or licensed land surveyor to city specifications. (15)All streets shall be dedicated and improved with curb, gutter, side- walk, paving, street lights and utilities to city standards and approval. Utility easement shall be provided where.required: (16)Sewer and water main alignments and grades are subject to approval of final plans by the city engineer and utility engineer. Water mains shall not be ACP as noted on tentative map. 'Water main in, Los Osos Valley Road shall terminate in westerly direction at Diablo Street. (17)Sewer and water charges, including lift s tat 'ion-charges, shall be determined by the city engineer and payable prior to recordation of the final map. (18)Fire hydrant's shown adjacent to lots 26 and 57 shall be tied into 16 -inch water main on Los Osos Valley Road. Fire hydrant shown adjacent to lot 25 may be limited. (19)Water mains not serving fire hydrants, such as on cul -.de -sac streets may be six -inch mains with blow -offs at ends -. (20)Subdivider shall prepare and submit a hydrology study for all drainage improvements for this tract for city engineer approval. Improvements shall, be designed to accommodate 100 -year design storm. All lots shall drain to a street or to the lake. Storm drains shall be in- stalled in easements to public right;bfa ways. (21)Subdivider shall provide a drainage easement.to the.approval of the city engineer to accommodate storm drain running onto lot 104 from tracts 603 and 608 southwesterly of Los Osos Valley Road. (22)All grading shall be per the city's grading ordinance and city engineer approval. No grading shall take place on lakeshore lots 1 -25 and lot 104. Such shall be noted on final map. (23)Final map shall show street names 'Vista Del Tule Court, Vista Del Escuella Court, and Vista Del Vega, as shown on tentative map revised to read: Sonrisa Court, Escuella Court and Vega Way. (24)Subdivider shall install stop signs, street name signs and other traffic cont devices throughout the tract as determined necessary by the city engineer.. (25)The total number of lots along the lake shore and open space parcel (lot 104) shall.be determined by the City Couricil at the time of final maps approval based on recommendation of the Community Development Department with respect to the.suitability of building sites for each Resolution No. 3656 (1978 Series) Tentative tract map 683 Page 4 of these lots proposed on tentative map. The determination will be based on more.detail.ed information available,at the final map stage including the precise location of the 127' contour affecting lots 1 -25. (26)City Council hereby grants an exception to grading in the Laguna Lake flood plan authorizing the subdivider to deposit earth fill in the amount of approximately 5300 cubic yards between contours 1.18 -127 with compensating earth removal to be. taken from the Prefumo Creek area of Laguna Lake. On motion of Councilman Dunin , Seconded by .Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and•Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of September , 1978. ATTEST: s7 J. H. FITZPATZICit City Clerk ; Approved as City Attorney cm . 9/11/78 S7 K[I:r:.TI' S .4WARTZ Mayor Kenneth- Schwartz' Approved as to content: J ity Engine RESOLUTION NO.. 3981 (1979 Series) A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR TRACT 683. WHEREAS the developer of Tract 683 has requested an extension of- time to complete,the.final map; and WHEREAS the City Council determined that the time extension is justified to complete subdivision improvements, NOW THEREFORE BE IT RESOLVED by the Council of the City.of San.Luis Obispo as follows: SECTION 1. A time extension for the filing of the, final map of Tract, 683 is hereby granted. Said extension expires. June .5, 1980. On motion of .`_Councilman Jorgensen seconded by _ Mayor Cooper _ and on the following:roll.call vote': AYES: Councilmember Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Duni_n NOES: None ABSENT. None the foregoing Resolution was passed and adopted this-2nd day of October 1979. ATTEST: Cit erk J.H. Fitzpatrick R 3981 RESOLUTION NO.4178(1980 Szries) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A THREE MONTH TIME EXTENSION FOR TRACT 683 WHEREAS the subdivider requests a three month time extension to .receive approval of his final map; and WHEREAS the'Planning Commission found that the request for time extension 1- Justified; and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW THEREFORE the City .Council resolves as follows: That Tract 683 is grahted a three month time extension to September 5, 1980 subject to original tentative tract map conditions as specified in City Council Resolution 3656 attached hereto. On motion of _Councilman Dunin seconded by Councilman Bond , and on "the following roll call, vote: AYES. Councilmembers, Dunih, Bond, Munger and Mayor Cooper NOES None ABSENT Councilwoman..Billig the foregoing resolutfiion was passed and ado ted this 3rd day of. June.___ 1980. . �5 ATTEST: J:ky Clerk J.H. Fitzpatrick Approved as to form: City Attorney, R. M Approved as to con /tent: City A3mi _.sErative Officer Community D elopm rC Director 1. 4178 a RESOLUTION No. 4265, (1980 Series) A RESOLUTION.OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION.FOR TRACT 683 WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and. WHEREAS the Planning Commission found that the request for time extension is .justif.ied,, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; N014 THEREFORE the City Council resolves as follows: SECTION L. That Tract 683 is granted a.twelve -month time extension to September 5, 1981, subject to original tentative tract map conditions.as speci- Pied in City Council'Resolution No. 3656 (1978 Series) attached hereto. On motion of Councilman Dunin_ seconded by _.Councilwoman Billig , and on the following,roll call vote: AYES: Councilmembers Dunim, Billig, Bond, Munger and Mayor Cooper NOES:, None ABSENT: None. the foregoing resolution was passed and adopted. this 16thday of September , 1980: ATTEST: Cit erk J:H: Fitzpatrick N nn R. Cooper R 4265 Resolution No. 426 ,1980 Series) Tract No. 683 Page 2 APPROVED; City A inistratve Of, er City Attorney A G R E E M E N T THIS AGREEMENT, dated this 5 day of May, 1981 by and between S.E.B. Inc., 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 San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on the final map of Tract No. 683.(S.E.B. Estates) located at 850 Los Osos Valley Road, City of San Luis Obispo, California, as approved by the City Council, on the 9 day of Ma3z, 1981 WHEREAS, the Subdivider desires that said Tract No. 683 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 agrees to install the street improvements and utility lines and facilities 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: 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 the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. C l� 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 improvements required hereby shall be completed within 36 months from the date of recording of the final map as follows: lots-29-47 & 65 -86 within 18 months; lots 10 -28, 48 764, and 87 -90 within 30 months; and the balance within 36 months as set forth above unless an extension has been granted by the City Council.. The City agrees to consider acceptance for maintenance of the public facilities that are completed in accordance with this schedule if they are completed to the satisfaction of the City Council. At time of acceptance, the City may adjust the security amounts. If an. extension is needed, the Subdivder shall request the extension in writing two months prior to the completion date and shall provide such information as is required by the City to determine (1) whether a time extension should be granted, (2) the length of the extension granted, if any, (3) which improvements are completed and can be accepted by the City for maintenance, and (4) whether the City shall require•aa adjustment in the, amount of the security based upon progress to date. Extensions of up to 24 additional months each may be granted by the City, subject to written verification from the writer of the surety that the guarantee is in effect to the full amount required by the City for the duration of the extension; provided,, that the City reserves the right to require security additional to that required for the initial terms of this agreement. Construction improvements that can be accepted by the City are those which are completed to the satisfaction of the City Engineer and accepted by the City Council, and are not affected by any subsequent work on the uncompleted portions of the subdivision and form logical units of development. Subdivider understands he will inform buyers that requests for occupancies of buildings in uncompleted portions of subdivisions may be denied by the City in the exercise of its discretion. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. 1. Subdivider shall pay water fees of $23,.934.28 (20.633 AC X $1160 /AC). 2. Subdivider shall pay lift station charges of $3,640 ($35 per lot for 104 lots) . -2- J' sus /g� 3. Subdivider_ shall pay grading permit fees of $365. This fee shall be ,) considered a. normal subdivision inspection fee. 4. Park dedication requirements are satisfied by dedication of lake and marsh area per Resolution No. 3656 (1978 Series). 5... The City shall be responsible for maintenance of the landscaping within the City —owned parcel northerly of Vista del Collados between lots 86 �j and 87 and adjacent to Los Osos Valley Road up acceptance of the GG�� subdivision improvements by the City. 6. Subdivider shall deposit $3,000 to assure monumentation of the subdivision. Said deposit will be released to the subdivider upon receipt by the City of a letter from the engineer indicating he has completed the work and has been paid. 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 wit, h 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. The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $954,000, 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 Section 11612.1 (c) of the Business and Professions 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. —3— 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 specifictions, and any approved modifications thereto. Neither periodic or 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 bf'credit, or cash deposit, which has been posted by Subdivider, to- guarantee faithful, performance, forefeited 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 shall deposit with the City the sum of $28,965, 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 $28,9651 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. Article 9, Chapter I•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. 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. 7 e IN WITNESS WHEREOF, this agreement has been executed by: 5 day of May , 19-U- Approved as to form: City Attorney Subdivi er day of May 19 81 - & �1&' Mayor M anie C. Billig City Engineer -5- Attes Acti g City Clerk amela Voges SUMMARY OF FEES TRACT NO. 683 S.E.B. ESTATES A. Bonding 1. Faithful Performance Bond $954,000 2. Labor and Materials Bond $477,000 (Above covered by letter of credit from Santa Barbara Savings & Loan Association.) B: Fees 1. Water Acreage (20.633 AC X $1160 /AC) $239934.28 2. Sewer Lift Station ($35 X 104 lots) $3,640.00 3. Grading Permit $365.00 4. Inspection $283600.00 5. Monumentation $3,000.00 TOTAL FEES $59,539.28 (covered by 2 checks) NUNNI a, r �z vo o icnY 'a 4j �u s� n � �o I 8� d a 1 i j I 7 , I J I s� hW l l o a i I u 3 zi r s y0 0�� ��4Nti ti l l I 3 gg s 7 �yt I ptcom� I I W�::C Vin yy, n0� I Ov�i I I h re Ir pi a 1 i j I 7 , I J � I I DEPOSIT AGREEMENT FOR IPAPRUP-1ENTS (INSTRUMENT OF CREDIT/MND) S.E.B., Inc., a contractor has undertaken the development of real property in the City of San Luis Obispo (hereinafter called "City ") designated as Tract 683, whereby the developer is obligated to complete to,.the satisfaction of City all improvement work (described in a subdivision improvement agreement approved by the San Luis Obispo City Council on ) required in Tract 6832 and is required to provide security (1) in the amount of 100 percent of the estimated total cost of the improvements that the improvements shall be constructed and (2) in the amount of 50 percent of the estimated total cost of improvement that the contractor, subcontractors, and persons furnishing labor, materials or equipment to them for the improvements shall be paid; both forms of security as more particularly described in California Government Code Sections 66499 - 66499.3. Santa Barbara Savings and Loan Association Pledges that it has on dena.sit the total amount of $9543000 to secure construction of improve:nents'and payment of laborers and material men, as described abnvc. In the event of failure of developer to complete imarovc:nents for the satisfaction of City, Santa Barbara Savings and Loan guarantees payment to City I/ on demand up to 59545000 for completion of imprcwn:;ent construction. In the event of Ieilure of developer to pr,y contractors, suLcontractorst and material men, as more oartieularly described :,Dove, Santa Barbara Savings and Loan Association guarantees payment to City on demand up to $477,000 for payment in turn to those persons not n,nid by dcvelo.;-�r. Any said funds remaining on de^osit after final acceptance of the improve- men`.s and after satisfaction of :311 contrac'.ers, etc., ma,r be returned to the 'ieveloPer. Executed this Second day of 1 , 1.9°i . SANTA BARBARA SAVINGS & LOAN ASSN. (Contractor) ,7 Harold A. Dunham, A✓ice President By John Egan, Assistant Secretary v TO 1945 CA (8 -94) Co rp oratioA n) RAND RUUJ�RANCE AnCOH COMV V W a yW Z IL •a :r N STATE OF CALIFORNIA tt SS COUNTY OP Santa Barbara Public in and for said O Aril 2 1981 before me. the und a Notary Harold A. State, personally appeared John Egan —• Vice President, and - - -� known to me to be the ASS t t Secretary known to me to be of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named. and to me that such corporation executed the -i;p;j,;4CIPAL acknowledged L SEAL within instrument pursuant to its by -laws or a resolution of -r ":1FLAY.IVE its board of directors. IC CALIFORNIA WITNESS my hand and otPicial sea. OFFICE IN Signature toroth 1. Flahive SANTA 6ARSARA COUNTY MY COMMISSION EXPIRES s_E ?T.:1, 1984 (This. area [or oricial notarial seal)