HomeMy WebLinkAbout04-17-2012 c4 approval final map tract 2342,392 pradocouncil
April 17, 201 2
acenba 12epo1Rt Item Number ry ^
:Meeting Date
C I T Y O F S A N L U I S O B I S P O
FROM :
Jay D . Walter, Director of Public Work s
Prepared By :Hal Hannula, Supervising Civil Enginee r
Diane Dostalek, Engineering Consultan t
SUBJECT :APPROVAL OF THE FINAL MAP FOR TRACT 2342, 392 PRADO (TR 63-05 )
RECOMMENDATIO N
Adopt a resolution approving the Final Map for Tract 2342, 392 Prado, and authorizing the Mayor t o
execute the Subdivision Agreement on behalf of the City .
DISCUSSIO N
Backgroun d
This subdivision is the first of three subdivisions, collectively referred to as the "Western Enclave "
in the Margarita Area Specific Plan (MASP), to request final map approval . The three subdivision s
are Tract 2342 at 392 Prado Road (formerly owned by French/Cowan, now owned by Rescal),
Tract 2353 at 408 Prado Road (formerly owned by Deblauw, 'now owned by Rescal), an d
Tract 2428 at 3000 Calle Malva (owned by John King). See Attachment 1 for vicinity map .
A vesting tentative map for Tract 2342 (TR 63-05) was approved by City Council on March 7 ,
2006, by Resolution No . 9776, 2006 Series (Attachment 2). The vesting tentative ma p
(Attachment 3) approved the creation of 66 developable lots for residential and commercia l
purposes, plus one private open space lot for drainage purposes .
The subdivider has revised the configuration and mix of residential and commercial lots (se e
Attachment 4 for the latest site plan), but the number of developable lots remains at 66, plus the on e
private open space lot for drainage purposes . There will be 56 residential lots, 10 commercial lots ,
and one open space lot created with this map .
Prado Roa d
As required in the MASP and subdivision conditions of approval, the Western Enclave subdivision s
are responsible for extending Prado Road to Broad Street . The extension was broken down into tw o
segments . The first segment (referred to in the conditions as PRE-WE) is approximately 1800' i n
length and extends from the existing terminus of Prado to "M" Street in Tract 2353, as shown i n
Attachment 4 . The second segment (referred to in the conditions as PRE-MB) is approximatel y
4500' in length and extends from "M" Street to Broad . Following is a summary of the Prado Roa d
conditions and their status .
Condition #la — The subdivider shall submit construction drawings and specification s
for the full-width improvement of Prado from existing terminus to "M" Street an d
shall submit schematic plans for the full width improvement from "M" Street t o
Broad .
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Approval of the Final Map for Tract 2342, 392 Prado (TR 63-05)Page 2
The subdivider of Tract 2342 will only be constructing 1300' of the first segment of Prad o
Road instead of the total 1800'. Due to right-of-way constraints and issues with grad e
differentials in the field, the initial extension of Prado Road has been divided into tw o
phases . The first 1300' is now being referred to as the PRE-WE la segment . The remaining
500' portion of Prado to "M" Street is now referred to as the PRE-WE lb segment and wil l
be designed and constructed in conjunction with the development of Tract 2353 (also owne d
by the subdivider). In order to satisfy the conditions for Tract 2342, the subdivider o f
Tract 2342 will submit a security guaranteeing completion of the construction of Prado Roa d
all the way to "M" Street prior to map recordation of Tract 2342 .
A schematic plan for the extension of Prado from "M" Street to Broad has been submitted .
The schematic plan is a working document that continues to be revised as input fro m
affected property owners is received .
Condition #lb – The PRE-WE plans shall include 4 travel lanes, bike paths and lanes ,
sidewalks, utilities, storm drainage, landscaping, center median improvements an d
other necessary street appurtenances or as otherwise approved by the Director o f
Public Works .
The PRE-WE plans submitted by the subdivider are consistent with this condition .
Condition #lc – Off-site dedication of property for public right-of-way purposes i s
necessary to facilitate the construction of Prado Road . The subdivider shall exhaust al l
avenues available to acquire said public right-of-way dedication . In the event th e
subdivider is unable to acquire said property, the City Council will lend the subdivide r
its powers of condemnation to acquire the right-of-way and subdivider shall agree t o
pay all costs associated with the condemnation .
The subdivider has negotiated with the affected property owners the necessary off-sit e
right-of-way dedications for the PRE-WE 1 a segment . Those offers of dedication will b e
recorded concurrently with the Tract 2342 map . Negotiations with the affected propert y
owner for the PRE-WE lb segment will occur once it is determined how much off-sit e
right-of-way is required for that segment .
There is language in the subdivision agreement (Exhibit B of Attachment 5) addressing th e
acquisition of off-site right-of-way and subdivider's obligation to pay for the condemnatio n
process .
Condition #ld –The subdivider shall complete construction of the first segment o f
Prado prior to occupancy of the 50 th unit within the subdivision .
The subdivider estimates that occupancy of the 5 0 th unit will occur approximately 17 month s
after the first unit is sold, assuming a sales rate of 3 units per month . Completion o f
construction of the entire PRE-WE segment (both la and lb) of Prado Road will be require d
prior to occupancy of the 50 th unit in the Western Enclave .
Condition #le – The subdivider shall bond for the completion of the engineering plans ,
specifications, environmental review, and permits for the extension of Prado Road t o
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Approval of the Final Map for Tract 2342, 392 Prado (TR 63-05)Page 3
Broad Street . The construction drawings shall be completed prior to occupancy of th e
100 th unit in the Western Enclave .
The subdivider has submitted a security to guarantee completion of the engineering plans ,
specifications, and environmental permits for the extension of Prado Road to Broad Street .
At this time, completion of the construction drawings is not required because there are onl y
56 residential units in Tract 2342 . This number may increase if the project include s
live-work units in the business park component of the project, which has yet to b e
determined . Completion of the construction drawings will be triggered with Tract 2353 or
King's Tract 2428, whichever occurs first .
Condition #lf – (1) Initiate construction of the northern half of Prado from "M" t o
Broad prior to occupancy of the 200 th residential unit in the Western Enclave .
(2) Complete construction of the northern half of Prado from "M" to Broad prior t o
occupancy of the 300 th residential unit in the Western Enclave .
At this time, construction of Prado from "M" to Broad is not required because there are onl y
56 residential units in Tract 2342 . The Planning Commission by Resolution No . PC-5565-1 1
declared that the affordable housing units to be constructed on Lot 105 of Tract 2353 wil l
not count toward the number of residential units that trigger construction of Prado from "M "
to Broad . Therefore, construction of Prado from "M" to Broad will not be triggered b y
Tracts 2342 and 2353, unless the King subdivision Tract 2428 builds first . The subdivide r
estimates that occupancy of the 200 th unit in the Western Enclave, which would initiat e
construction of Prado to Broad, could occur about 5 years after the first home sale i n
Tract 2342, assuming other tracts within the MASP are entitled, approved, and constructe d
in a timely manner . The subdivider estimates that occupancy of the 30 0 th unit in the Western
Enclave, which would require completion of construction of the northern half of Prado t o
Broad, could occur approximately 8 years after the first sale, which would be in the yea r
2020 .
Condition #lg - Submit a reimbursement proposal and schedule for the costs t o
complete Prado Road in its entirety from the current terminus to Broad Street . Subjec t
to final approval of the City, the proposal may include fee credits and/or othe r
appropriate mechanisms that may be applied against non-TIF city-wide and MAS P
impact fees as development occurs, to facilitate completion of the Prado Roa d
extension .
The subdivider has initiated negotiations with City staff to fund the construction of Prado t o
Broad that will be triggered with the Western Enclave developments . City staff i s
recommending that a document be filed with map recordation of Tract 2342 requiring that a
final funding mechanism be in place prior to map recordation of Tract 2353 and that th e
owners of Tract 2342 and Tract 2353 also record documents with the land that they will no t
oppose the formation of an assessment district if one should prove necessary in the future t o
complete the road . This strategy allows the subdivider to develop the commercial an d
residential units in Tract 2342 and construct the first segment of Prado Road .
The current estimated cost to complete the PRE-WE segment to "M" Street is approximatel y
$5,000,000, and the current estimated cost to construct the PRE-MB segment to Broad i s
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Approval of the Final Map for Tract 2342, 392 Prado (TR 63-05)Page 4
approximately $15,000,000, for a total of approximately $20,000,000 . The total Margarit a
Area Traffic Impact Fees (MATIF) that will be collected at build-out of the entire MASP i s
approximately $19,000,000 . As stated previously, existing conditions of approval requir e
Western Enclave development to fund construction of the Prado Road extension to Broad
Street . However, the amount of MATIF that will be collected with full development of th e
Western Enclave is only $3,500,000 .
This leaves a shortfall in funding of approximately $16,500,000 in order to construct th e
full-width section of Prado Road to Broad Street and a shortfall of approximatel y
$1,500,000 for the PRE-WE section to be constructed by Tracts 2342 and 2353 . It i s
unknown when the remainder of the MASP will be developed, so there may be a case wher e
the Western Enclave subdividers may need to "front" these costs until such time as th e
remainder of the MASP developers come in and pay fees . A significant portion of th e
MATIF would be paid by development within the Damon-Garcia Ranch property .
With development moving forward in the Margarita Area and the need for construction o f
the Prado Road extension firmly on the horizon, staff will be working diligently with th e
subdividers of Tracts 2342 and 2353 on a reimbursement agreement or other fundin g
mechanism to enable the improvements . Various other financing options such as gran t
funding through SLOCOG, the formation of an assessment district, a private agreemen t
between other developers and/or property owners, or combinations of these methods, wil l
likely be necessary to complete these substantial improvements and spread the costs fairly .
Condition #lh – A second access off Prado to serve Tract 2353 can be incorporated o n
an interim basis at the time of construction of PRE-WE and will remain in place unti l
PRE-MB is completed and an additional access point is provided at an adopted MAS P
location .
The second access for Tract 2353 is shown on Attachment 4 and is included in the PRE-W E
1 a plans . The subdivider is proposing that this access be a permanent access, not interim, i n
order to provide two points of access to Prado for the commercial development . Keepin g
this as a permanent access would discourage commercial traffic from driving through th e
residential neighborhood, therefore staff supports this proposal .
Approving the Final Ma p
The tentative map has an initial 2-year life per Municipal Code Section 16 .10 .150 . That, togethe r
with a time extension granted by the City for this map, plus the automatic extensions granted by th e
State Legislature per Sections 66452 .21, 66452 .22, and Section 66452 .23 of the Subdivision Map
Act, gives this vesting tentative map an expiration date of March 7, 2014 .
The final map is ready to be approved and recorded . Section 66474 .1 of the Subdivision Map Ac t
states that "a Legislative body shall not deny approval of a final or parcel map if it has previousl y
approved a tentative map for the proposed subdivision and if it finds that the final or parcel map i s
in substantial compliance with the previously approved tentative map ." All conditions related to th e
map have been met and/or guaranteed with appropriate sureties or agreements . The approval of a
final map is considered a ministerial action .
Approval of the Final Map for Tract 2342, 392 Prado (TR 63-05)Page 5
Appropriate securities have been submitted to guarantee completion of the required subdivisio n
improvements . The resolution approving the final map (Attachment 5) also authorizes the Mayor t o
sign the Subdivision Agreement requiring the Subdivider to complete the subdivisio n
improvements .
CONCURRENCE S
The Community Development Department concurs with the recommended action .
FISCAL IMPAC T
There is no significant financial impact to the City associated with approving the final map fo r
Tract 2342 . The public improvements that will be constructed with this proposed subdivision wil l
result in an increase in maintenance costs for the public streets, water lines, sewer lines, and drainag e
facilities, upon acceptance of the improvements by the City . Any fiscal impacts that may be incurre d
by the City for the construction of Prado from "M" to Broad will be dependent on the funding plan t o
be submitted by the subdivider and approved by the City .
ALTERNATIV E
Deny tentative map .Pursuant to Section 66473 of the Subdivision Map Act, the City could den y
approval of the final map, if findings are made that the requirements or conditions of the tentativ e
map have not been met or performed . Staff does not recommend this alternative because all of th e
conditions of the map will be met or securities deposited and agreements recorded prior to o r
concurrent with map recordation .
ATTACHMENT S
1.Vicinity Map
2.Resolution No . 9776 (2006 Series )
3.Vesting Tentative Ma p
4.Site Plan for Tract 2342 and Tract 235 3
5.Draft Resolution
T :\Counal Agenda Reports\2012\2012 .04-17\Final Map Approval Tract 2342 (Waller-Hannula-Dostalek)\Council Agenda Report .docx
RESOLUTION NO. 9776 (2006 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE TRACT MAP AND MITIGATED NEGATIV E
DECLARATION FOR PROPERTY LOCATED AT 392 PRADO ROA D
(TRIER 63-05 ; TRACT NO . 2342)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 25, 2006, and recommended approval of Application TRIER 63-05,a
request to subdivide an approximately 15-acre site into 67 lots ; an d
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 7 ,
2006, for the purpose of considering Application TRIER 63-05 ; and
WHEREAS, notices of said public hearings were made at the time and in the manne r
required by law ; an d
WHEREAS, the City Council has reviewed and considered the Mitigated Negativ e
Declaration of environmental impact for the project ; an d
WHEREAS, the City Council has duly considered all evidence, including th e
recommendation of the Planning Commission, testimony of interested parties, and the evaluatio n
and recommendations of staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Luis
Obispo as follows :
SECTION I .Findings .Based upon all the evidence, the City Council makes th e
following findings :
1.The design of the vesting tentative tract map is consistent with the General Plan because th e
proposed subdivision respects existing site constraints (slope, creeks, wetlands, significan t
trees), will incrementally add to the City's residential housing inventory, result in parcels tha t
meet density standards, and will be consistent with the density and lot sizes established by th e
Margarita Area Specific Plan .
2.The site is physically suited for the proposed type of development allowed in the R-1-SP, R -
2-SP, and O-SP zones .
3.The design of the subdivision will not conflict with easements for access through (or use o f
property within) the proposed subdivision .
R 977 6
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Resolution No . 9776 (2006 Series )
Page 2
4.The subdivision will not have a significant adverse impact on the environment, subject to the
mitigation measures of the Final Environmental Impact Report (EIR) certified by the Cit y
Council on October 12, 2004 being incorporated into the project, the mitigation monitorin g
program adopted with said EIR approval being followed and mitigation measure s
recommended herein .
5.A Mitigated Negative Declaration was prepared by the Community Development Departmen t
on January 9, 2006 . The Planning Commission finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmenta l
impacts of the proposed project .
SECTION 2 .Environmental Review .The City Council finds and determines that th e
project's Mitigated Negative Declaration adequately addresses the potential significan t
environmental impacts of the proposed project, and reflects the independent judgment of the Cit y
Council . The Council hereby adopts said Mitigated Negative Declaration and incorporates th e
following mitigation measures and monitoring programs into the project :
Mitigation Measures :
Reduction of Light and Glar e
1 . In order for MASP/AASP EIR Mitigation Measure LU-7 .1 as implemented by the MAS P
to be carried through to lot-specific development stage, a lighting plan that demonstrate s
compliance with Community Design Section 3 .3 Lighting requirements of the MAS P
shall be submitted with other required plans for both the residential and commercia l
components of the project to the review and approval of the Architectural Revie w
Commission (ARC). The lighting plan shall propose specific measures to limit th e
amount of light trespass associated with development within the project area includin g
shielding and/or directional lighting methods to ensure that spillover light does no t
exceed 0 .5 foot-candles at adjacent property lines.
â Monitoring Program : The ARC will review development plans for both the residentia l
and commercial components of the project . City staff, including Planning and othe r
departments, will review plans to assure that all of the ARC's requirements related t o
lighting and compliant with the MASP provisions have been incorporated into workin g
drawings . City building inspectors will be responsible for assuring that all lighting i s
installed pursuant to the approved lighting plan .
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Resolution No . 9776 (2006 Series)
Page 3
Preparation and Implementation of "Comprehensive Biological Mitigation Program "
2.Mitigation for wetland impacts .Mitigation for wetland impacts will be through a
combination of on- and off-site mitigation, approved by the City, the DFG and th e
Army Corps of Engineers . Further, in compliance with the MASP/AASP EJR, th e
subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated b y
the MASP for "Open Space-Riparian" for the express purposes of achieving some o f
the necessary wetlands replacement mitigation area, as well as preservation of relate d
biological habitat benefits.
3 .Mitigationfor Impacts to Sensitive Species.None of these species are expected to b e
difficult to establish . City staff will work with the project sponsors in developing th e
details of the effort.
Congdon Tarplant . Create compensating habitat in a suitable off-site location approve d
by the City.
4.Mitigation for Impacts to Other Nesting Birds .Undertake surveys prior to initiation o f
construction activities ; avoid construction activities within 100 feet of active nest sites ,
or within 300 feet for raptor nests, until after young have fledged .
5.Off Site Mitigation for Wetland Impacts .A further component of the biological
mitigation program is the applicant's proposal to acquire (by fee, easement, or eminen t
domain) lands outside the bounds of the Western Enclave (designated by the MASP a s
"Open Space-Riparian" lands). The targeted property (lying south of Prado Road an d
owned by Unocal) is a low lying area that already naturally collects some area run-of f
and provides valuable habitat for certain special concern and R-T-E (rare, threatened ,
and endangered) species, and thus is beneficial to retain in its natural state . Pre-
development run-off has resulted in seasonal flooding of Prado Road due to th e
currently deficient collection/distribution system to this natural drainage area south o f
Prado Road . The Western Enclave applicants propose to acquire this off-site propert y
designated for open space use by the MASP and utilize it beneficially for biologica l
mitigation as well as a detention basin for pre- and post-Western Enclave developmen t
generated run-off . It is proposed that this basin be enhanced to accommodate th e
greater project-generated and pre-project run-off flows, and to increase its habitat valu e
in the long term . The basin is proposed to be held and maintained by a Master Hom e
Owners Association (MHOA) established initially for the Western Enclave area, an d
perhaps ultimately for the entire MASP as stipulated be done by the MASP .
a . Monitoring Program : Prior to approval of the final map, the applicant shall contact th e
City Natural Resource Manager for review and approval of the final lot and stree t
C4-9
Resolution No . 9776 (2006 Series)
Page 4
design to assure that on-site natural resources are protected and preserved to the greates t
extent required by the mitigation measures and consistent with requirements of th e
MASP and MASP/AASP ER . Said design shall also be consistent with approval s
required subsequent to this Tentative Map from State Dept . of Fish and Game an d
Army Corps of Engineers . Prior to any site preparation or construction activities, th e
applicant shall also initiate and complete for approval by the City pre-constructio n
surveys for nesting birds and adhere to performance standard specified in th e
mitigation . Provisions for required off-site mitigation shall be coordinated with an d
approved by the City Natural Resource Manager prior to recordation of the Final Map .
Periodic field inspections by City Staff during construction will be necessary to assure
site development conforms to mitigation measures and conditions of approval .
Preparation and Implementation of "Traffic Reduction Program "
6 . In order for MASP/AASP EM Mitigation Measure T-2 .1 adopted with the certificatio n
of the MASP/AASP EM in conjunction with the approval of the AASP in August, 200 5
(Ref. City Council Resolution No . 9726, 2005 Series) to be brought forward to this sit e
specific project stage, a transportation demand management program that demonstrate s
reduction of peak period travel by single-occupant vehicles shall be required of an y
employer within the subdivision with 25 or more employees . Said program shall
incorporate all reasonably feasible measures or techniques, including those listed in th e
MASP/AASP EIR/General Plan Circulation, that encourage alternate modes other tha n
single-occupant vehicles as the primary mode of transportation to the workplace and to
travel during non-peak times .
â Monitoring Program : Each business owner, upon employment of 25 or more
employees, shall immediately prepare and submit, obtain approval from the City Publi c
Works Director and implement the provisions of a Traffic Reduction Plan whic h
demonstrates reduction of peak period travel consistent with requirements of the Cit y
General Plan Circulation Element Policies and Programs . City Staff shall periodicall y
inspect the business to observe and assure that reduction techniques approved by th e
City are in place and adhered to by the business . Staff shall take any corrective o r
enforcement actions authorized by law to achieve compliance .
Preparation and Implementation of a "Construction-Related Hazardous Material s
Management Plan"
7 . As stipulated in the MASP/AASP EM, this would be a plan identifying, when they ar e
known, site/development-specific construction activities that will involve the hazardou s
materials . The plan shall be prepared before construction activities begin that involv e
hazardous materials and shall discuss proper handling and disposal of materials used or
produced onsite, such as petroleum products, concrete, and sanitary waste . The plan
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Resolution No . 9776 (2006 Series)
Page 5
will also outline a specific protocol to identify health risks associated with the presence
of chemical compounds in the soil and/or groundwater and identify specific protectiv e
measures to be followed by the workers entering the work area . If the presence o f
hazardous materials is suspected or encountered during construction-related activities ,
the project proponent will cause Mitigation Measure HAZ-1 .2 to be activated.
Mitigation Measure HAZ-1 .2 states :
"The project proponent will complete a Phase I environmental site assessment for eac h
proposed public facility (e .g . streets and buried infrastructure). If Phase I sit e
assessments indicate a potential for soil and/or groundwater contamination within o r
adjacent to the road or utility alignments, a Phase II site assessment will be completed .
The following Phase II environmental site assessments will be prepared specific to soi l
and/or groundwater contamination .
a.Soil Contamination .For soil contamination,the Phase 11 site assessment wil l
include soil sampling and analysis for anticipated contaminating substances. If
soil contamination is exposed during construction, the San Luis Obispo Fire
Department (SLOFD) will be notified and a work plan to characterize an d
possibly remove contaminated soil will be prepared, submitted and approved .
b.Groundwater Contamination.For groundwater contamination, the Phase II
assessment may include monitoring well installation, groundwater sampling, an d
analysis for anticipated contaminating substances . If groundwater contaminate d
by potentially hazardous taterials is expected to be extracted during dewatering ,
the SLOFD and the Central Coast RWQCB will be notified. A contingency pla n
to dispose of contaminated groundwater will be developed in agreement with th e
SLOFD and Central Coast RWQCB .
â Monitoring Program : The "Construction-Related Hazardous Materials Managemen t
Plan" will be required to be submitted to the City Community Developmen t
Department and Fire Department for review prior to commencement of any sit e
preparation or construction work involving hazardous materials . No site preparation o r
construction work may commence before said plan has been approved by the City . Any
site work commenced without City approval of said Plan will be subject to "Sto p
Work" (cease and desist) orders as may be issued under the authority of the City Fire
Department.
Preparation and Implementation of an "Operations-Related Hazardous Material s
Management Plan "
8 . As stipulated in the MASP/AASP EIR, this would be a plan prepared by a projec t
proponent identifying hazardous materials management practices as might be required
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Resolution No . 9776 (2006 Series )
Page 6
by state and local laws and regulations regarding delivery, use, manufacture, an d
storage of any such regulated materials might be present on site for any operations -
related activities . This plan would identify the proper handling and disposal o f
materials uses or produced onsite, such as petroleum products, concrete, and sanitar y
waste . By the filing of said Plan, the City Fire Department will be on notice to provid e
regular and routine fire and life-safety inspections to determine compliance wit h
applicable health and safety codes .
â Monitoring Program : The "Operations-Related Hazardous Materials Management Plan "
will be required to be submitted by a project proponent to the City Communit y
Development Department and City Fire Department for review prior to th e
establishment of any operations-related activities .
SECTION 3 .Action .The City Council does hereby approve Application TRIER 63-0 5
with incorporation of the following conditions and code requirements into the project :
Conditions :
Streets :
1 . Prior to recordation of the vesting final map, or any phase thereof, the subdivider shal l
present a detailed schedule and delivery "Plan", to be approved by the Public Works Director ,
for the improvement of Prado Road between its eastern terminus at the current City boundary
and Broad Street . For the purposes of this condition, the Prado Road Extension (PRE) shal l
be referenced in two segments . The first segment shall be the new roadway from the presen t
easterly terminus (City boundary) of Prado Road extending easterly to the intersection of
proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in th e
Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the "Prad o
Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from
the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street . This secon d
segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segmen t
(PRE-MB).
At a minimum, the Plan shall address the following milestones for right-of-way acquisition ,
design and construction :
a . At the time of submittal of any plans for final map and/or improvement plan checking :
The subdivider shall submit construction drawings and specifications for the full widt h
improvement of the "Prado Road Extension - Western Enclave" segment (PRE-WE), an d
shall submit schematic plans for the full width improvement of the "Prado Roa d
Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvemen t
plans will follow approximately 6 months after the date of the approval of the Tentative
C4-12
Resolution No . 9776 (2006 Series )
Page 7
Map . During this time the City as well as area property owners will be involved in th e
review of updated drafts and the selection of the proper engineering company as well a s
overseeing the design . Following Tentative Map approval, the Western Enclave Propert y
Owners (WEPO) and the City will establish a Stakeholder Group comprised of MAS P
property owners and public utility companies, etc . to augment/expedite the conceptua l
design of the PRE-MB component of the Roadway .
b.The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities ,
storm drainage, landscaping, center median improvements and other necessary stree t
appurtenances or as otherwise approved by the Director of Public Works .
c.Off-site dedication of property for public right-of-way purposes is necessary to facilitat e
the construction of Prado Road . The subdivider shall exhaust all avenues available t o
acquire said public right-of-way dedication . In the event the subdivider is unable t o
acquire said property, the City Council will lend the subdivider its powers o f
condemnation to acquire the off-site right-of-way dedication, including any necessar y
slope and drainage easements . If condemnation is required, the subdivider shall agree t o
pay all costs associated with the off-site right-of-way acquisition (including attorney an d
court costs). The subdivider is responsible for construction of the necessary stree t
improvements and striping, to the satisfaction of the Public Works Director .)
d.Subject to the availability of necessary right-of-way, the subdivider shall complet e
construction of the PRE-WE segment prior to occupancy of the 50th unit within th e
subdivision . If right-of-way is not available at the time of approval of the final map, th e
subdivider may submit a plan for providing interim, secondary access to the WEP O
properties that is subject to approval by the Public Works Director . This secondary acces s
shall be completed prior to granting of occupancy permits and may be required to b e
removed at a later time when additional access is provided from adjacent properties .
e, At the time of recording the final map, the subdivider shall bond for the completion of th e
engineering plans and specifications, environmental review, if necessary, and associate d
construction permits for the PRE-MB segment . The subdivider shall complete the
construction drawings and specifications for the PRE-MB segment on or before the 100t h
unit is occupied in the Western Enclave (approx . 1 year after Tentative Map Approval).
If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-M B
section of roadway has not yet been completed, the City may require that the develope r
(property owners) sign a waiver not opposing the possible future formation of a
community facilities district or other such financing mechanism, that would fund any
final project costs for the construction of PRE-MB that are not contained in the Margarit a
Area Specific Plan Impact Fee estimates .
f. Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum :
C4-13
Resolution No . 9776 (2006 Series )
Page 8
(1) initiate the construction of the northern half, or some modified section of the roadwa y
subject to approval by the Director of Public Works, of the PRE-MB segment prior t o
occupancy of the 200th residential unit in the Western Enclave (approx . 3 years after
Tentative Map Approval) , and (2) complete construction of the northern half of the PRE -
MB segment prior to occupancy of the 300th residential unit in the Western Enclav e
(approx . 5 years after Tentative Map Approval). If right-of-way is not available at th e
time of requests for occupancy, the City will determine if public acquisition of said right -
of-way is necessary or the subdivider will be required to submit an interim plan fo r
providing secondary access the Western. Enclave that shall be approved by the Publi c
Works Director.
g.As a part of the submittal of the plan for improvements to Prado Road, the subdivider
shall submit a reimbursement proposal and schedule for the costs associated with th e
environmental, engineering and construction of Prado Road in its entirety, as established
by the MASP . Subject to final approval of the City, the proposal may include fee credit s
and/or other appropriate mechanisms that may be applied against non-TIF city-wide an d
MASP impact fees as development occurs, to facilitate completion of the Prado Roa d
extension .
h . A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on a n
interim basis at the time of construction of PRE-WE and will remain in place until PRE -
MB is completed and an additional access point is provided at an adopted MAS P
location.
2.Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo ,
shall be paid prior to issuance of each building permit subject to condition l .g . above .
3.The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall conside r
the proposed or required phasing to be completed by the combined development known a s
Margarita Area Specific Plan western enclave . The public improvement plans for eac h
subdivision shall include any offsite improvements as considered necessary by the Director o f
Public Works to provide a reasonable transition between the subdivisions in the case that on e
project is developed before another . The scope of required improvements shall be approve d
to the satisfaction of the Public Works Director.
4.The final subdivision design and improvements shall comply with the Margarita Are a
Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standard s
and Standard Plans and Specifications .
5.The final design, location, and number of traffic calming measures including bulb-outs ,
choke-downs, tabletops, roundabouts, neck-downs, etc . shall be reviewed and approved b y
the Public Works Director . Plans submitted for review shall include a truck turning diagra m
demonstrating a truck's ability to negotiate the traffic calming features . Additional or
C4-14
Resolution No . 9776 (2006 Series )
Page 9
alternative traffic control measures may be required to comply with the Specific Pla n
objective to "foster traffic volumes and speeds that will be compatible with th e
neighborhood ."
6.Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitore d
after development . The subdivider shall retain a qualified traffic consultant to conduct traffi c
counts throughout the subdivision at locations approved by the Public Works Director . If
traffic speeds or volumes exceed City standards during counts taken by the subdivider on e
year after final occupancy of complete build-out of the subdivision or acceptance of publi c
improvements whichever occurs later, the subdivider shall be responsible for installin g
additional traffic calming measures to the approval of the Public Works Director to reduc e
volume and speeds to comply with City standards . As an alternative to the above, prior t o
final map recordation, the Western Enclave property owners may pay a one-time non -
refundable contribution to the City's Neighborhood Traffic Management Program in th e
amount of $130,000 to fund future traffic calming efforts in the City .
7.The subdivision design shall include directional curb ramps wherever possible . The
inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease th e
roadway width to be crossed by a pedestrian .
8.Prior to approval of improvement plans, alternative paving materials proposed within th e
public right-of-way shall be approved by the Public Works Director . Alternative paving
materials shall be maintained by the Homeowner's Association .
9.Common areas (except Lot Z-Wetlands Replacement), landscaped parkways and Class I
pathways (other than Prado Road) shall be owned and maintained in perpetuity for public us e
by the Master Homeowner's Association . Water meters for common landscape area s
including but not limited to parkways, medians, roundabouts and pathway corridors ar e
subject to water impact fees and shall be paid for by the subdivider.
On &Off-Site Improvements :
10.With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s )
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 ; o r
b.Request in writing that the subdivider has exhausted all reasonable efforts to acquire
interest to the subject property and that the City assist in acquiring the property require d
for the construction of such improvements and exercise its power of eminent domain i n
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,
C4-15
Resolution No . 9776 (2006 Series )
Page 10
including, but not limited to, all costs associated with condemnation . Said agreemen t
shall be in a form acceptable to the City Engineer and the City Attorney . If condemnatio n
proceedings are required, the Subdivider shall, no later that 90 days prior to recordation o f
the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the
following documents regarding the property to be acquired :
i.Property legal description and sketch stamped and signed by a Licensed Lan d
Surveyor or Civil Engineer authorized to practice land surveying in the State o f
. California .
ii.Preliminary title report including chain of title and litigation guarantee ;
iii.Appraisal of the property by a City approved appraiser . In the course of obtainin g
such appraisal, the property owner(s) must be given an opportunity to accompany th e
appraiser during any inspection of the property or acknowledge in writing that the y
knowingly waived the right to do so .
iv.Copies of all written correspondence with off-site property owners including purchas e
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, th e
Subdivider shall deposit with the City all or a portion of the anticipated costs, a s
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 b e
followed .
11 . Should the final design for the stormwater detention basin require the installation of a
stormwater pumping station in order to provide an outlet for the detention basin, the fina l
pump station design shall be in accordance with Section 8 of the WWMP-DDM and th e
following"
a.The pump station shall be a triplex design .
b.The pump station shall be designed to discharge at the 100 year pre-developed rate wit h
all three pumps running, the 10 year pre-developed rate with two pumps running and th e
2 year pre-developed rate with only one pump in operation . At no time shall the pum p
discharge rate exceed that of the pre-development flow rates for each of the desig n
storms . Or the pump station shall consist for a variable speed drive that matches th e
required discharge regime .
c.The pump discharge shall be designed such that no erosion damage will occur .
Resolution No . 9776 (2006 Series)
Page 1 1
d . The pump shall discharge into a natural waterway or into an easement to which th e
subdividers, their heirs and/or assigns have rights to .
12.The final subdivision design shall incorporate stormwater quality Best Managemen t
Practices (BMPs) with the January 2005 edition of the Engineering Standards, shall b e
designed to treat the stormwater runoff from all developed surfaces excluding rooftop s
but including all private and public streets, and shall be subject to the approval of the Cit y
Engineer .
13.The final design of any stormwater detention or treatment facilities shall incorporate all
recommendations from the final gee technical report into the design of said facilities . Th e
final geotechnical report shall address the effect, if any, of detaining stormwater in clos e
proximity to the existing soil contamination .
14.The final design of the proposed off-site stormwater detention facilities shall also tak e
into consideration the effects on 100 year floodplain (as identified as an undesignated "A
Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) fo r
San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obisp o
Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F wit h
FEMA prior to approval of any plans for ground disturbing activities ; then process the
final documents once Grading is complete . The design of any stormwater facilities shall
be in compliance with the WWMP-DDM requirement for construction within a Specia l
Floodplain Management Zone ; i .e . no significant net loss of floodplain storage .
15.The subdivider shall secure the rights for the regional stormwater detention basin prior t o
or concurrently with the final subdivision maps . Should the subdividers be unsuccessfu l
in acquiring off site property for the construction of the stormwater facilities, the
subdivider shall either : a) revise the maps to reflect appropriately sized on-site detentio n
of stormwater pursuant to the City's Waterway Management Plan Drainage Desig n
Manual or, b) request in writing that the City assist in securing the property followin g
procedures outlined above . All costs associated with securing said rights including th e
eminent domain process shall be borne by the subdividers .
16.Prior to the approval of the public improvement plans the subdivider(s) shall hav e
received an approved grading permit from the County of San Luis Obispo a writte n
waiver for the construction of any facilities outside the City's corporate limits . Shoul d
San Luis Obispo County defer to the City for the processing of the grading permits fo r
property outside the City corporate boundary, the subdivider(s) shall process the grading
permit with the City Public Works Department concurrently with the improvements plan s
and pay all fees associated said grading in accordance with the Public Works Departmen t
Fee schedule for plan checking and inspection in effect at the time of permit processing .
17 .
Improvement plans shall show how project streets and sidewalks are connected with
C4-17
Resolution No . 9776 (2006 Series)
Page 12
existing improvements on Calle Malva Calle Jazmin and Prado Road to the satisfaction
of the Public Works Director . Plans shall also show how driveway access is maintaine d
on adjacent lots on Calle Malva and Calle Jazmin .
18.The parking lot designs shown on the tentative map are not approved as part of th e
subdivision. Final design of parking lots shall be reviewed and approved by the City's
Architectural Review Commission . Final maps shall establish reciprocal access to/fro m
adjacent parking lots and shall be designed to comply with City standards .
19.
The public improvement plans shall show Prado Road street lights shall be located withi n
the center landscaped median rather than along each side of the roadway .
20.
The public improvement plans shall show the fire hydrant shown within Prado Road shal l
be relocated outside of the roadway .
21.The public improvement plans shall show the landscaped roundabout proposed on Prad o
Road shall be designed to comply with Caltrans Standards Design Information Bulleti n
80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas .
22.The public improvement plans shall show the final design and location of the bus pullouts
and transit facilities on "C" Street coordinated with Tract 2353 (DeBlauw) and approve d
by the Public Works Director . Plans submitted for review shall include a bus turnin g
diagram demonstrating a bus's ability to negotiate the turnout . The final design shall als o
include bus stop improvements and indicate how access to adjacent parcels is provided .
23.The public improvement plans shall show the private alleys are designed to accommodat e
both garbage truck and emergency vehicle access, including required turnaround ,
structural section and geometrics . The subdivider shall show the alleys within a publi c
access easement on the Final Map.
24.Prior to final map approval, the proposed Class 1 pathway between "A"Street and Prad o
Road shall terminate at the Prado Road Class 1 pathway and not provide a direc t
connection to the Prado Road roadway .
25.A portion of the westerly half of the proposed subdivision is within the area shown on th e
San Luis Obispo County FEMA FIRM panel as being subject to inundation from floo d
waters due to the runoff from the 100 year storm . Since the area of inundation does no t
have a base flood elevation (BFE) established, the subdivider shall establish the 100 yea r
BFE, and prior to the approval of plans for any ground disturbing activities . The
subdivider shall process either a CLOMR or CLOMR-F through FEMA to allow fo r
construction of both residential and non-residential structures . The analysis required for
the CLOMR/CLOMR-F shall show that the proposed finish floors of the structures are a t
least one foot above the 100 year flood elevation and does not significantly reduced the
C4-18
Resolution No . 9776 (2006 Series)
Page 13
amount of floodplain storage per the WWMP-DDM . Once construction is complete, bu t
prior to final occupancy, the subdivider/developer shall finalize the CLOMR with a fina l
Letter of Map Change (LOMC) through FEMA .
26.
Vehicular access rights along Prado Road shall be dedicated to the City.
27.The subdivider shall install private street lighting along the private internal streets pe r
City standards and off-site public street lighting along Prado Road leading to and fro m
the development, as determined by the Director of Public Works . All public street
lighting installed by the developer shall include the luminaires as well as all wiring an d
conduit necessary to energize the light standards from PG&E's point of service .
Water, Sewer &Utilities :
28.The subdivider's engineer shall submit water demand and wastewater generatio n
calculations so that the City can make a determination as to the adequacy of th e
supporting infrastructure . If it is discovered that an off-site deficiency exists, the owne r
will be required to mitigate the deficiency as a part of the overall project .
29.
Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction o f
the Utilities Engineer .
30.The water mains, sewer mains, and sewer force mains when attached or included with a
bridge, shall be sleeved and encased within the bridge structure or located above th e
lowest point so as to protect the pipelines from the high water flow .
31.Sewer backwater valves may be required on some lots . The subdivider's engineer shal l
apply the City's criteria to the design to determine which lots will need backwater valve s
on the sewer laterals, per City and UPC standards .
32.In areas where the pressure in the water system exceeds 80 psi, the service line shal l
include a pressure regulator downstream of the water meter, where the water servic e
enters the building .
33.The sewer and water mains shall be located approximately 2m on either side of the stree t
centerline . All final grades and alignments of all public water, sewer and storm drain s
(including service laterals and meters) are subject to modifications to the satisfaction o f
the Public Works Director and Utilities Engineer .
34.The subdivision layout and preliminary utility plans shall include provisions for irrigatin g
common areas, parks, detention basins, and other large landscape areas with recycle d
water . Appropriately sized reclaimed water mains shall be designed and constructed fro m
the City 's trunk system to these irrigation areas . If other use areas exist beyond the
C4-19
Resolution No . 9776 (2006 Series )
Page 14
proposed subdivision, the mains shall be appropriately sized to provide for future us e
areas and extended to the boundary of the tract . If reclaimed water is not available at th e
time the recycled water is needed, the system shall be designed and constructed t o
reclaimed water standards, and temporarily connected to the City's potable water syste m
in the area of the anticipated connection to the reclaimed water system .
35.
The well on Lot Q shall only be used for irrigation purposes on Lot Q or otherwise shal l
be properly abandoned in compliance with all applicable regulations .
Grading &Drainage :
36.The final grading plan shall include provisions to comply with the soils engineer's
recommendations, including mitigating cut slopes, debris flows uphill of the lots an d
truck access . The soils engineer shall supervise all grading operations and certify th e
stability of the slopes prior to acceptance of the tract and/or issuance of building permits .
37.Clearing of any portion of the existing creek and drainage channels, including an y
required tree removals, and any necessary erosion repairs shall be to done the satisfactio n
of the Public Works Director, Corp . of Engineers and the Dept . of Fish & Game . Certai n
trees may require safety pruning by a certified Arborist as determined by the Cit y
Arborist.
Homeowners' Association :
38.The subdivider shall submit CC&R's with the Final Map that establishes a "Margarit a
Area Master Homeowner's Association" (Master HOA). The Master HOA shall includ e
the subdivider's tract, and provide for the automatic annexation of all subsequen t
potential tracts within the Margarita Specific Plan area . The subsequent tracts may, a t
their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfactio n
how many they may form their own, independent HOA, to manage their common are a
improvements . The Master HOA, and any and all subsequent HOA's not a part of th e
Master HOA, shall provide for maintenance of all common area drainage channels, on -
site and/or sub-regional drainage basins and conveyance improvements and the Margarit a
median landscaping and trail network . The Master HOA shall also annually maintain a
30' wide wildland fuel reduction zone along all open space lots abutting development s
within the MASP . The CC&R's shall be approved by the City Attorney prior t o
recordation of the Final Map, or any phase thereof .
39.The Master Homeowners' Association (MHOA) shall own and maintain all that portion
of the Lot Z designated as "Wetlands Mitigation". Maintenance responsibilities shal l
include maintenance of any cut or fill slopes required to make the swale and berm . The
storm drainage system within the private streets shall be privately owned and maintained
C4-20
Resolution No . 9776 (2006 Series)
Page 15
by the MHOA (to be included in CC& R's). Those open space areas that accommodat e
trails intended for public use shall be maintained for public access in perpetuity .
40 . Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approve d
by the City Attorney and Community Development Director prior to final map approval .
CC&R's shall contain the following provisions that pertain to all lots :
a.Creation of a master homeowners' association if none exists or annexation into an
existing MHOA, if one exists .
b.No parking except in approved, designated spaces .
c.No change in city-required provisions of the CC&R's without prior City Counci l
approval .
d.Provision for all of the maintenance responsibilities outlined in various condition s
below .
e.The subdivider shall submit common driveway agreements for those lots with shared
access including maintenance provisions, to the approval of the Communit y
Development Director at the time of final map approval .
Paths/Open Space :
41 . The multi-use paths should be 12 feet in width as called for in the Specific Plan, howeve r
the Natural Resource Manager and Public Works Director may approve a narrower pat h
in locations that will only be used by pedestrians only or where environmental conditions
warrant a narrower path based on in-the-field consideration .
42. Final design (including materials, location, width, bridging and lighting) of pathway s
shall be reviewed and approved by the Natural Resources Manager and Public Work s
Director .
Air Quality :
43 .All activities associated with construction and operation for the subdivision map shal l
comply at all times with all current APCD Rules and Regulations as applicable, including
but not limited to PM-10, NOx emissions, Best Available Control Technologies ,
construction activity management plans, and phasing techniques .
Housing Programs :
C4-21
Resolution No. 9776 (2006 Series)
Page 16
44.To provide the required affordable units for Tentative Tract 2342, six units shall b e
constructed for low- and moderate-income households (4 moderate, 2 low income) in the R -
1 and/or R-2 zones. These units shall be intermixed throughout Tract 2342 . These
"affordable" units shall be comparable in appearance and quality to the market-rate units .
This condition shall become null and void upon the land dedication and completion o f
associated access/infrastructure improvements for Lot 105 of Tentative Tract 2353 .
45.
The Inclusionary Housing requirement for the BPO property shall be met prior to buildin g
permit issuance .
Planning Requirements :
46.Bulb outs at 'T'intersections need to be added to the straight leg "crossing the an d
elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions
for the intersecting street leg.
47.
Bulb-outs shall be provided at alley access points to street to provide line of sight wher e
red curbing would otherwise be needed .
48.All lighting within the subdivision shall comply with the lighting standards contained in th e
San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigatio n
Measures listed below .
49.In order to be consistent with the requirements of the Margarita Area Specific Plan an d
County Airport Land Use Plan, the property owner shall grant an avigation easement fo r
the benefit and protection of the City of San Luis Obispo, the County of San Luis Obisp o
and the San Luis Obispo County Airport via an avigation easement document prior to th e
recordation of the final map .
50.In the event archaeological resources are discovered in conjunction with a constructio n
project, all activities shall cease and the Community Development Department shall b e
notified so that the procedures required by state law may be applied .
51.New development shall implement all feasible measures to minimize the use o f
conventional energy for space heating and cooling, water heating and illumination by mean s
of proper design and orientation, including the provision and protection of solar exposure .
52.
As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 15 7
feet for new residential uses from the centerline of Prado Road .
53, 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
C4-22
Resolution No . 9776 (2006 Series )
Page 17
aside, void or annul, the approval by the City of this subdivision, and all actions relatin g
thereto, including but not limited to environmental review .
54.
For interior streets (not Prado Road), a 15-foot public street yard shall be allowed fo r
homes and a 20-foot street yard for garages with doors facing the public street .
Code Requirements :
1.Traffic impact and water and wastewater impact fees are required to be paid as a
condition of issuance of building permits .
2.The property is tributary to the Laguna Sewer Lift Station . Appropriate Lift Station Fees
shall be paid prior to the final map approval .
3.Appropriate backflow prevention will be necessary on any connection to the City wate r
system if the property includes an active well.
4.EPA Requirement: General Construction Activity Storm Water Permits are required fo r
all storm water discharges associated with a construction activity where clearing, gradin g
and excavation results in land disturbance of five or more acres . Storm water discharge s
of less than five acres, but which is part of a larger common plan of development or sale ,
also require a permit . Permits are required until the construction is complete . To b e
covered by a General Construction Activity Permit, the owner(s)of land where
construction activity occurs must submit a completed "Notice of Intent" (NOI) form, wit h
the appropriate fee, to the State Water Board .
5.The subdivision design shall comply with the City's grading ordinance .
6.Street trees shall be planted along the private street per City Standards (the number o f
trees is determined by one tree per 35 linear feet of street frontage).
7.All boundary monuments, lot corners and centerline intersections, BC 's, EC 's, etc ., shal l
be tied to the City's Horizontal Control Network . At least two control points shall be use d
and a tabulation of the coordinates shall be submitted with the final map or parcel map .
All coordinates submitted shall be based on the City coordinate system . A 3 .5" diameter
computer floppy disk, containing the appropriate data compatible with AutoCAD (Digita l
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall b e
submitted to the City Engineer .
8.The final map, public improvement plans and specifications shall use the Internationa l
System of Units (metric system). The English System of Units may be used on the fina l
map where necessary (e .g . - all record data shall be entered on the map in the record units ,
metric translations should be in parenthesis), to the approval of the City Engineer .
C4-23
Resolution No . 9776 (2006 Series )
Page 18
9.Access shall be in accordance with Article 9 of the California Fire Code (CFC). Acces s
roads shall have an unobstructed width of not less than 20 feet and an unobstructe d
vertical clearance of 13' 6". Access roads shall be designed and maintained to support
the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surfac e
so as to provide all-weather driving capabilities . All cul-de-sacs shall be minimum 4 0
foot radius.
10.Approved address numbers shall be placed on all new buildings in such a position to b e
plainly visible and legible from the street fronting the property . Numbers shall be a
minimum of 5" high x ½" stroke and be on a contrasting background . [UFC 901 .4.4]
11.Water Supplies and fire hydrants shall be provided in accordance with applicable article s
of the CFC . An approved water supply capable of providing the required fire flow for
fire protection is required . The fire flow shall be determined using applicable Appendice s
of the CFC .
12.
Fire protection systems shall be installed in accordance with the CFC and the Californi a
Building Code. An approved NFPA system will be required for this project .
13.Rooms or areas in commercial buildings containing controls for air-handling systems ,
automatic fire-protection systems, or other diction, suppression or control element s
shall be identified for use by the fire department and shall be located in the same area .
A sign shall be provided on the door to the room or area stating "Fire Sprinkler Riser"
and "Fire Alarm Control Panel "
14.
A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a
key to the room for commercial buildings .
15.
Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75' of travel an d
at each exit within commercial buildings .
16.
Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Departmen t
approval) and shall be capable of supplying the required fire-flows .
On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on th e
following roll call vote:
AYES :
Council Members Brown, Ewan and Mulholland, Vice Mayor Settle an d
Mayor Romero
NOES :
None
ABSENT : None
C4-24
Resolution No . 9776 (2006 Series )
Page 1 9
The foregoing resolution was passed and adopted this 7th day of March 2006 .
Mayor David F. Romero
AlJEST :
APPROVED AS TO FORM :
C4-25
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group
Attachment 5
RESOLUTION NO .
(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING THE FINAL MAP FOR TRACT NO . 234 2
(392 PRADO ROAD, TR 63-05 )
WHEREAS,the City Council made certain findings concerning the vesting tentativ e
map for Tract 2342, as prescribed in Resolution No . 9776 (2006 Series); an d
WHEREAS,the subdivider has completed all required subdivision improvements o r
submitted surety bonds to guarantee installation of the required subdivision improvements a s
shown on the approved plans, and all fees have been received or will be received prior to ma p
recordation, as prescribed in the Subdivision Agreement ; and
WHEREAS,all conditions required per said Resolution No . 9776 (2006 Series) will b e
met or agreements recorded prior to final recordation of the map guaranteeing compliance wit h
conditions ; an d
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows :
SECTION 1 .The final map for Tract No . 2342, as shown on the attached Exhibit A i s
found to be in substantial compliance with the tentative map .
SECTION 2 . The Subdivision Agreement for Tract No . 2342 as shown on the attache d
Exhibit B is hereby approved .
SECTION 3 .Approval of the final map for Tract 2342 is hereby granted .
SECTION 4 .The Mayor and City staff are authorized to take action necessary to carry ou t
the intent of this resolution .
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
R
C4-28
Resolution No .
(2012 Series )
Page 2
Attachment 5
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST:
Sheryll Schroede r
Interim City Cler k
APPROVED AS TO FORM :
/s/ Christine Dietrick
Christine Dietric k
City Attorne y
T :\Council Agenda Reports\2012\2012-04-17\Final Map Approval Tract 2342 (Walter-Hannula-Dostalek)\Attachment 5 .docx
C4-29
OWNER 'S STATEMENT
WE. THE UNDERSIGNED, HEREBY STATE THAT WE ARE ALL THE OWNERS OF, AND ALL RECORDHOLDERS O F
SECURITY INTEREST IN AND ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERT Y
INCLUDED WITHIN THE SUBDIVISION AND PROJECT SHOWN ON MIS MAP, AND THAT EACH OF US DOES
HEREBY CONSENT TO THE RUNG AND/OR RECORDATION OF THIS MAP .
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBUC PURPOSE S
FOR STREET PURPOSES, PRADO ROAD . CALLE MALVA SAGE STREET, JJNIPERO WAY AND SERR A
MEADOWS DRIVE DEUNEATED ON THIS MAP
PUBLIC USIDY EASEMENT OR P.U .E.' DELINEATED ON SAID MAP FOR PUBLIC USE AND THE BENEFIT OF
THE SEVERAL PUBLIC UTILITY COMPANIES WHICH ARE AUTHORIZED TO SERVE IN SAID SUBDIVISION .
STREET TREE EASEMENT DELINEATED ON SAID MAP.
SEWER. WATER AND STORM DRAIN EASEMENTS DELINEATED ON SAID MAP .
PEDESTRIAN AND BICYCLE ACCESS EASEMENTS DEUNEATED ON SAID MAP .
NE HEREBY RESERVE TO OURSELVES, OUR HERS, AND ASSIGNS THE PRIVATE SWEET (JUNIPERO WAY),
ACCESS, STORM DRAIN AND DRAINAGE BASIN (LOT 67),SEWER MD DRAINAGE EASEMENTS FOR THE USE
AND THE BENEFIT OF PRESENT AND FUTURE OWNERS OF LOTS AFFECTED BY SUCH EASEMENTS DELINEATED
ON SAID MAP.
WE HEREBY REUNGUISH ALL RIGHTS OF VEHICULAR INGRESS AND EGRESS FROM LOTS 17 THROUGH 6 6
INCLUSIVE ADJOINING THE PUBUC STREET EASEMENT FOR PRADO ROAD. CARE MALVA, SAGE STREET,
JUNIPERO WAY AND SERRA MEADOWS DRIVE EXCEPT AT LOCATION DESIGNATED BY PRIVATE ACCES S
EASEMENTS DELINEATED ON TH1S MAP .
BENEFICIARY 'S STATEMENT SURVEYOR'S STATEMENT
CALIFORNIA BANK & TRUST, A CALIFORNIA BANKING CORPORATION, AS BENEFICIARY UNDER A DEED O F
TRUST AGREEMENT RECORDED AUGUST 19, 2011 AS INSTRUMENT NO . 2011—040394 OF OFFICIAL
RECORDS OF SAN LUIS OBISPO COUNTY, CALIFORNIA .
SIGNATURE DATE
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY M
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDMTON MAP ACT AND LOCAL ORDINANCE AT
THE REQUEST OF MD2 COMMUNITIES, INC . IN APRIL, 2011. I HEREBY STATE THAT THIS MA P
SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP . ALL
THE MONUMENTS SHOWN HEREON ARE CF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED ,
OR WILL BE SET IN SUCH POSITIONS POINTY ONE YEAR OF TIE APPROVAL OF THIS MAP AND ARE O R
WILL BE SUFFICIENT 10 ENABLE THE SURVEY TO BE RETRACED .
PRINT NAME AND TIRE:
DATE
SIGNATURE DATE
STEVEN B. WEBSTER .LS 7561 (ev.12/2013)
CITY ENGINEER 'S STATEMENT
PRINT NAME AND MILE :
NOTARY ACKNOWLEDGMENT
I. DIANE DOSTALEK, ACTING ON BEHALF OF ME CITY ENGINEER OF THE CITY OF SAN LUIS OBISPO AS
ALLOWED UNDER SECTION 66416.5(C) OF THE SUBDIVISION MAP ACT, DO HEREBY STATE MAT I HAVEEXAMINE)MIS MAP,MAT ME SUBDMSON SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT
APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISION S
OF ME SUBDIVISION MAP ACT AND LOCAL . ORDINANCES HAVE BEEN COMPLIED WTTH, MID I AM
SATSFIED MAT THIS MAP IS TECHNICALLY CORRECT.STATE OF CALIFORNI A
COUNTY OF
RESCAL OLD 193 LLC, A DELAWARE LIMITED UABIUlY COMPANY
ON 2012 BEFORE ME.DIANE DOSTALEK, LS 8579 (EXP.12/31/2013)DATE
ENGINEERING CONSULTANT
SIGNATURE DATE CITY CLERKS STATEMEN TPRINT NAME AND ERE:
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE/SHE/THEY EXECUTE D
ME SAME IN HIS/HER/THOR AUTHORIZED CAPACIMIES), AND THAT BY HIS/HER/THER SIGNATURE(S) O N
MIS INSTRUMENT THE PERSON(S) OR ME ENTITY UPON BEHALF OF WHICH ME PERSON(S) ACTED, EXECUTED
THE INSTRUMENT. I CERTFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF ME STATE OF CALIFORNIA
MAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT .
SIGNATURE DATE
PRINT NAME AND TILE:
NOTARY ACKNOWLEDGMENT
ACTING CITY CLERK OF ME OF THE CITY OF SAN LUIS OBISPO . HEREBY CERTIFY THAT
THE COUNCIL OF THE AFORESAID CITY DID ON THE _ DAY OF .2012. APPROVE THE MAP OF TRACT 234 2
SHOWN HEREON IN ACCORDANCE WITH ME PROVISIONS OF THE SUBDIVISION MAP ACT AND AGREE TO ACCEPT ON BEHALF OF THE PUBU C
PRADO ROAD. CALLE MALVA SAGE VINEEL JUNPERO WAY AND SERRA MEADOWS DRIVE . PUBLIC U141TY EASEMENT CR ?MLR Suite
TREE EASEMENT. SEWER EASEMENT, WATER EASEMENT. STORM DRAIN EASEMENT, PEDESTRIAN ACCESS EASE/ANT AND BICYCLE ACCES S
EASEMENT DELINEAIED ON SAID MAP MD ME RELEQUISH OF RIGHTS CF VEHICULAR EGRESS AND EGRESS NOTED ON SAID MAP UPO N
COMPIEIION OF THE IMPROVEMENTS TO THE SATSFACRON OF ME CITY.
STATE OF CALIFORNIA
COUNTY OF
WIMESS MY HAND OFFICIAL SEAL
SIGNATURE OF NOTARY:
PRINTED NAME :
COUNTY OF
COMMISSION No.
COMMISSION EXPIRATON:
ON 2012 BEFORE ME,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATSFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S )
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE/SHE/THEY EXECUTE D
ME SAME IN HIS/HER/THOR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THDR SIGNATSRE(S) O N
THIS INSTRUMENT THE PERSON(S) DR THE ENTITY UPON BEHALF OF WHICH ME PERSON(S) ACTED . EXECUTE D
ME INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF ME STAGE OF CALIFORNI A
THAT THE FOREGOING PARAGRAPH IS 'RUE AND CORRECT .
ACTING CITY CLERK DAT E
CRY OF SAN LUIS OBISPO. STATE OF CALIFORNIA
SIGNATURE OMISSION S
ME SIGNATURES OF THE FOLLOWING HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 (o)(3)(A)(I)OF THE
GOVERNMENT CODE (CAUFORNIA SUBDIVISION MAP ACT):COUNTY RECORDER 'S STATEMENT
1. AVIGATON EASEMENT TO THE COUNTY OF SAN LUIS OBISPO PER INSTRUMENT NO . 2007—056153 OF OFFICIAL RECORDS
WITNESS MY HAND OFFICIAL SEA L
SIGNATURE OF NOTARY:
PRINTED NAME:
COUNTY OF
COMMISSION No.
COMMISSION EXPIRATON:
FILED THIS DAY OF , 2012 AT IN BOOK CF MAPS, AT
PAGES _ THROUGH AT ME REQUEST OF STEVE WEBSTER .
DOCUMENT NO :
FEE
BY:
COUNTY RECORDER DEPUTY
RECORDER'S DISCLAIME RME TABULATION. LISTING AND NUMBERING OF ANY SEPARATE DOCUMENTS AUTHORIZED TO BE RECORDED PATH MIS MAP MANE BEEN PROVIDED BY THE SUBNMAER OR 8Y ME LOCALAGENCY APPROVING THE MAP ME COUNTY REORDER MANES NO REPRESENTAPON REGARDING 1HE ACCURACY OF ME TABULATION . LISTING AND NUMBERING OF ANY SEPARAT EDOCUMENTS REFERRED TO On THIS MAP
rrmdesigngroup
NOTE:ME FOLLOWING DOCUMENTS AFFECTING THE PROPERTY DENOTED HEREON ARE BEING RECORDED CONCURRENTLY HEREWITH:
I .DECLARATION OF ESTABLISHMENT OF COVENANTS, CONDITIONS & RESTRICTIONS FOR SERRA MEADOWS PER INSTRUMENT NO .
2.MASTER DECLARAYON OF COVENANTS, CONDITONS & RESTRICTIONS FOR ME MARGARITA AREA PER INSTRUMENT NO.
3.CERTFICATE CF ACCEPTANCE PER INSTRUMENT NO .
4.IRREVOCABLE & PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY PER INSTRUMENT NO .
5.IRREVOCABLE & PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY PER INSTRUMENT NO.
6.IRREVOCABLE & PERPETUAL OFFER TO DEDICATE DRAINAGE AND SLOPE EASEMENT PER INSTRUMENT NO .
7.IRREVOCABLE & PERPETUAL OFFER TO DEDICATE DRAINAGE AND SLOPE EASEMENT PER INSTRUMENT NO .
8.NOTCE OF REQUIREMENTS PER INSTRUMENT NO .
9.NOTCE OF REQUIREMENTS PER INSTRUMENT NO .
10.NOTICE OF REQUIREMENTS PER INSTRUMENT NO .creating environments people enjoy '
3765 South Higuera St.,Ste .102.San Luis Obispo, CA 93401
P: (805) 543-1794 I F : (805)543-4609 I www.mmdesign ...AC.11Mvmak.,vm MmbPn«r .Aewact19991JYrr M'euM,rt Axew,Lsvin im Fvn,um«
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VICINITYMAP
N.C S
TRACT MAP No . 2342
IN THE CITY OF SAN LUIS OBISP O
A PORTON OF LOTS 29 AND 30 OF THE SAN LUIS OBSPO SUBURBAN TRACT AS SHOWN ON MAP FILE D
IN BOOK I OF MAPS AT PAGE 92 AND AS SHOWN ON .MAP MLED IN BOOK 2 OF RECORD OF SURVEYS
AT PAGE 55 IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO.CAUFORNIA
RRST AMERICAN RILE COMPANY 4001-3791904 JCS 1011009 LIAROI 28, 2012 SHEET I OF 5
--~I I FD. BRASS CAP IN MON WELL 5L0 I
~J
HORZ. PT. 8105 AT THE CENTERLINE
INTFRSECDON OF MARGARITA &
CALLS MALVA PER R3
(06 /N64^Q ~~.`3/
F0. BRASS CAP IN CITY
/MON . WELL PER RI
LEGEND
q INDICATES SET 5/8'REBAR WITH CAP 'LS.7561'
UNLESS NOTED OTHERWISE
•INDICATES SET STANDARD CITY CENTERLINE
MONUMENT 31R TAG 157561 "
INDICATES SET 1 1/2'IRON PIPE MIDI TAG
'LS .7561' UNLESS NOTED OTHERWIS E
NDCATES FOUND AS NOTED.♦•FD . 2'BRASS CAP 'UNION
OIL CO . No . 18' PER R,R11
343 .67'M p '- 461 .86'M
N0925.36'E 0 .1 7'k/~~RS.BRASS CAP N CIT YR1IMON.WELL PER R I_2
DETAIL A
NTS/SEE DETAIL A
'rte 1F-- -343 .67'M_/
(MARGARITA AVENUE
/E ~S 400
-Rasa 5.4 z NiI
32FD BRASS CAP IN CITY - 89252iw 9-u9- ao MON WELL PER R FD 2' BRASS CAP 'UNION893955"W 999 .28 RI
_—
_189'40b3'W 984.3~9~9'ss'w 9g;.gZ5 ----LM-----_- -===SEE_ _VSEE DETAIL B OIL CO No 19"PER R,R I\~—_/
I—_- -461M 178 .82'
16 241357910131512/
/
M INDICATES MEASURED DATA
R INDICATES RECORD PER 2-LS-55
RI INDICATES RECORD PER 94-LS-55
R2 INDICATES RECORD PER 81-LS-76
R3 INDICATES PER OTY OF SAN LUIS OBISPO
HORRONTAL CONTROL NETWORK (2007)
FD . BRASS CAP IN CITYMON. WELL PER RI\
J VEHICULAR ACCESS DENIA L
SAGE STREET
004319,0 8-49-20929'S1'E 0.11'M
461.86'M /r 178.82'M
DETAIL B
/NTS
7-/
17 8 /19 3332313029282726252423222120
FD. 2' BRASS CAP 'UNION
OIL CO. No. 20'PER R,R2
BASIS OF BEARINGS
THE BASS OF BEARINGS FOR THIS MAP IS Tiff
CENIERLINE OF PRADO ROAD BETWEEN FOUND
MONUMENTS PER RI, BEARING BONG N8958'56'W.
i 001227'W 0 .14 'MEE SHEET 3 SEE SI-
50 34474849464445434240393837
EET 4
36 35 DETAIL C
NTS
/PTN.OF LOTS 29 &30—
gSUBURBANTRACT
1-LS-92 -2
W
EASEMENT NOTE :
PUBLIC WATER EASEMENTS AND PUBLIC UDLIDES EASEMEN T
(P.0.E) OVER ALL OF LOTS 53 THROUGH 61 INCLUSIVE AND LOT
66 EXCLUDING BUILDING LOCATIONS DEDICAIED WITH MS MAP.JUNIPERO WAY
5652545355
62
PRIVATE ACCESS, DRAINAGE AND SEWER EASEMENTS OVER AU. OF
LOTS 53 1HROU01 60 INCLUSIVE EXCLUDING BUILDING LOCATION SFOR TIE USE AND BENEFIT OF THE PRESENT AND FUTURE LO T
OWNERS OF LOTS 40 THROUGH 60 INCLUSVE DEDICATED WIT H
THIS MAP656463
/6 1
58
PRIVATE ACCESS. DRAINAGE AND SEWER EASEMENTS OVER ALL OF
LOIS 61 AND LOT 66 EXCLUDING BUILDING LOCATONS FOR THE
USE AND BENEFIT OF THE PRESENT AND FUTURE LOT OWNERS O F
LOIS 61 THROUGH 66 INCLUSVE DEDICATED WITH THIS MA P6059o
GR AAPHIC SCALE
(UI? T )
1 Inch N 60 R66
-----------
I FD. 2' BRASS CAP 'UMON
OIL CO. No. 20' PER R,R2ACCEPTED FOR EASIERLY UNE
SE DETAIL C FD . 2' BRASS CAP 'UNIONOIL CO .No . 21" PER R I
/FD. PIN IN CITY MON .WELL PER R1,R 2
/
N09'58'56"w 99906' RI?___A . N89'S8 'N69.55_w"Wy95A3:S4'BMS6 995.0 ----------_—
\996.29 'RI __~__995.26 M 999 R9'RI _————
N8958 56"W H 98725'M 'BASIS OF BEARINGS_~.
_ PRADO ROADjT~—99'50'56 w 198).16 c-RiN89'S0'S6'w 190).25'NI /119oS9'09'f 19R))!'R)/
/
/33‘,o 5RA~S RELINQUISHMENT NOTE :
RIGHTS OF VEHICULAR INGRESS AND EGRESS FROM LOT S
17 THROUGH 66 INCLUSIVE ADJOINING PRADO ROAD, CALL E
MALVA, SAGE STREET. JUNIPERO WAY AND SERRA
MEADOWS DRIVE EXCEPT AT LOCATION DESIGNATED B Y
PRIVATE ACCESS EASEMENTS REUNDUISHED WITH TINS MAP .
/ti50
/
//
TRACT MAP No . 234 2
FD. PIN IN MON WELL OLD HORZ .T. 8102 AT THE BC OF GRANAD A/AT 000.50 PER R3
A PORDON OF LOIS 29 AND 30 OF THE SAN LUIS OBISPO SUBURBAN TRACT AS SHOWN ON IMP FILE DN BOOK I OF MAPS AT PAGE 92 AND AS SHOWN ON MAP FEED N BOOK 2 OF RECORD OF SURVEY SAT PAGE 55 IN THE CITY OF SMI LUIS OBISPO . COUNTY OF SAN LUIS OBISPO . CAUFORNIA
rrmdesigngrou H iP
creating environments people enjoy ®
3765 South 142029 St.,010.102.San Luis Obispo,CA 93401
P : (865) 543-17941 F : (805) 543-4669 IvAsW.mmdesign .co m4C0l.C1, 0 IMCOMmp4niy,4M...4011SM1IJ.pMR .M,PE106.,4s98125IJonF.p.,unw
N:\2011\1011009-MAS1-1r,19-2342-2153-En9\SUr9ev\nrp9m0\T,-2342 34d .0 T223 .2-m1 2,U,,30, 2012 291Pm,130,1,1,,JOB: 2011009 MARCH 20. 2012 HEFT 2 OF 5
L07 27
SUBURBAN TRACT
1 -LS-92
FD. 2' BRASS CAP 'UNION TRACT 1 21 0
OIL CO . No. 18' PER R,R1-s\ 1 3-MB-4 5
LEGEND
LOT 2 2
SUBURBAN TRACTI-LS-9 2
~~FD.PIN IN CITY MON .
42/0O'PER Rl,R 2
5.00 38.00'1 0-i
N00'44'151 665.11 'M
470.52'
0 INDICATES SET 5/8'REBAR WITH CAP 'LS.7561 '
UNLESS NOTED OTHERWISE LOT 16
9,184 sq.&
5422220 '33'R .4200'
L-1B2.99 'N0019'58 "E(12.00'
-LPIHUD181 se'T_N8915'36'W 141 .58'AcIIAACCESS •116.81 'TAD.
EASEMENT \5489'35'31'
R=4200'L-65.67'N NTISOf
•A2.ED'L•20.32 '
INDICATES SET 1 1/2'IRON PIPE WITH TAG
'LS.7561' UNLESS NOTED OTHERWISE
5 0 2
p s
•INDICATES SET STANDARD CITY CENTERLINE
MONUMENT YAM TAG 'LS .7561'-101 .72'
2' PU0.1C PEDESTRAN ACCESS EASEMENT
6.19'295'110019'581 100.00'-119.93'---30.00'10000'A .
g 54123'37'08"
LOT 67~~R=42.62'-
L=90.62'5
BLANKET PPo J V ATE STOR Iw <ATE 5T(MM DRAIN &~~q e
DRAINAGE BASIN EASEMENT m I28 0
}_0100'46'45 "E 82.86
NOO'43 '50'E 35I.65'0_
INDICATES FOUND AS NOTED .
M INDICATES MEASURED DATA
R INDICATES RECORD PER 2-LS-5 5
RI INDICATES RECORD PER 94-LS-55
R2 INDICATES RECORD PER 81-LS-76
R3 INDICATES PER CITY OF SAN LUIS OBISP O
HORIZONTAL CONTROL NETWORK (2007)
8
ti51 ,
544220'33=50.00 '
L-36N''.95'PUBLIC PEDESTRIANACCESS EASEMENT .1 i TRACT 400
3-MB-2
88-
LOT 15
6,000 eq .ft
H
LOT 57 ''Sm
'•
LOT 5 0•5,033 sq.ft.
N00'19 '58"E 100.00'
H
12.137 aq.N._m $
H
59'07'5 2
R.24.sD'g S R.40,00'L=6 .69'
LOT 17tl7.742 sq .ft.
3
N0019 '58'E 100 .00'
30'N0019'58'E 100.00'30'10VEHICULAR ACCESS DENIAL
LOT 51
6,152 sq.ft.
N00'19'58 'E 119.93'
11' PRIVATE ACCESS AND DRAINAGE EASEMENT SAND PUE A PUBUC WATER EASEMEN T
LOT 52 $5,997 sq.ft H42'
119.93'
N00'19 '58-E 149.93 30.00
'8 LOT 49 $01 5.000 sq.IL HJo'PRIVATE PEDESTRIAN ACCESS EASEMENT •AND PUE N PRIVATE WATER EASEMENT LOT 1 45,500 sq.N.
NOO'0 7 'STW 101 .05'
N0019'58 'E 100.00 '
N0019'58"E 100.00'
LOT 1 85.000 sq.ft.
BASIS OF BEARING STHE BASIS OF BEARINGS FOR THIS MAP IS TH ECENTERLINE OF PRADO ROAD BETWEEN FOUND o ~' rnMONUMENTS PER RI, BEARING BEING N89'58'56'W .m Z I
1-m
m -
/10
00'19'58 "E 10500 'LOT 48
•5,000 sq .ft.
N0019 '58"E 100 .00'LOT 1 94,000 Kitt
NO O'1 9'58 'E 10000 TREE EASEMENT TM .
N0019'58"E 100.00'
LOT 53
18.043 sq.ft.
LOT 58
14,895 sq.ft.
1 FD . BRASS CA PIN CITY MON.ALOT 13 $WELL PER R1~
5,500 sq.ft TA 110' PVE PUBLIC STREET h 54905'39'R=150.00'L=23 .81 '
N0925'36T
0 .17'M
LOT 475,000 sq.ft.
Al' PRIVATE ACCESS R DRAINAGEEASEMENTS AND PRIVATE SEINE RCASEMENT
8N00'19 '58'E 100.00'
1D'
DETAIL D
H
LOT 20
5,000 sq.ft.4TS
NOO'0 7'S7 'W 149 .94 N00'19 '58-E 100 .00'10 PUE d: PUBUC STREETTREE EASEMENT TM58.5'PRIVATE
GRAPHIC SCALE
LOT 46 H•
4,000 sq.ft .3
STREET EASEMENT 9100'19'58"E 100.00'J •gIFPUERPURUCSTREET
WEE EASEMENT TYP .
LOT 214,000 sq .ft .
N00'07 '07"W 100.23 N00'19 '58"E 100.00'LOT 5 412,926 sq .ft.(Dl PST )
1 loon -40 ft
CALLS wt.r
09'25'36'E 4 .97'M
EASEMENT NOTE :
LOT 12 s6,027 sq .ft.'8I
547'37'18'!R=180 .00'
L=23.94\4-200'00"N00'I9'58 'E 56.13R=20.00'N I
L=31 .42 54905'39 'R R-150.00 '/SEE DETAIL D
600'19'58"E 106.13'L=23.81 '♦
549'05'39'`--y
R R=120.00 '
8=90'00'00'L=19.05 'o
R=20 .00'N0019'58"E 56.13'
L=31 .42 '
PUBUC WATER EASEMENTS AND PURUC UTUTIES EASEMEN T
(P .U.E .) OVER AU. OF LOTS 53 THROUGH 61 INCLUSIVE AND LO T
66 EXCLUDING BUILDING LOCATORS DEDICATED 111TH THIS M-P .
Y ,0 U LOT 45 g AT'CC w 5,000 sq.ft.
1
4'1
05
1.L NOO'19'58'E 700.00'$LOT 2 2
E a •3 •S 5,000 sq.ft.
N00'07'57 "W 149 .95'N001 9'5 8 -E 100.0 0 'LOT 44 a -go PUBLIC STORM DRAINEASEMENT (SEE DUNE E)
9i 5.000 sq.ft.z
$
•600'19'58 "E 100.00'Let?
PISUC STORMDRAIN EASEMENT
of
'Ft
LOT 234.000 aq.N.
N0019'58"E 100.00 '
LOT 116.154 sq.ft.PRIVATE ACCESS. DRAINAGE AND SEWER EASEMENTS OVER AU . OF
LOTS 53 THROUGH 60 INCLUSIVE EXCLUDING BUILDING LOCI DON S
FOR THE USE AND BENEFIT OF 1HE PRESENT AND FUTURE IT T
OWNERS OF LOIS 40 THROUGH 60 INCLUSIVE DEDICATED WIN
THIS MAP
3LOT5914,774 sq .tt
LOT 55
15,907 sq.ft.
NO0'1 9 '58'E 100.00'
30'30'
g s LOT 4 3
•5,000 sq .ft .4g 3
-y\S
LOT 1 1
DETAILELOT 10
5,500 sq.ft,
MTS
TRACT 40 0
3-MB-2
PRIVATE ACCESS, DRAINAGE AND SEWER EASEMENTS OVER ALL O F
LOTS 61 AND LOT 66 EXCLUDING BUILDING LOCATORS FOR 'HE
USE AND BENEFIT OF THE PRESENT AND FUTURE LOT OWNEI :S OF
LOTS 61 THROUGH 66 INCLUSIVE DEDICATED 111N MS MAP
LOT 2 45,000 sq .ft
NSO'19'S8"E 100 .00'
900'19'58"E 100 .00'
N00'07'57'W 149.95•N00'07'S7"W 99.41 '•8 LOT 42
H 5,000 sq.ft.
H
•
•
3
NOO'19 '58'E 100.00'
JO' PUE R PUBUC STREE TTREE EASENENT TIP.
NOO'1 9'S 8"E 100.00'•
LOT 2 54,000 aq.ft
N0019'58'E 100.00'
RELINQUISHMENT NOTE :
RIGHTS OF VEHICULAR INGRESS AND EGRESS FROM LOT S
17 THROUGH 66 INCLUSIVE ADJOINING PRADO ROAD, CALLEMALVA. SAGE STREET. JUNIPERO WAY AND SERRA
MEADOWS DRIVE EXCEPT AT LOCA110N DESIGNATED B Y
PRIVATE ACCESS EASEMENTS REUNSUISHED WITH THISMAP.
SEE SHEET 4
TRACT MAP No . 234 2rrmdesigngroupHU
creating environments people enjoy ®
3765 South Higuera St .,Ste. 102, San Luis Obispo, CA 9340 1
P : (805) 543-17941 F : (805) 543-4609 1 wNW.nnRMesign.com
A CYTW IVdNMMM=My.ANAblEIIEoIJwyMM.APEU1®s.13AVIsIJ!f<Y.IAWl41
A PORTION OF LOTS 29 AND 30 OF THE SAN LUIS OBISPO SUBURBAN TRACT AS SHOWN ON MAP FILEDIN BOOK 1 OF MAPS AT PAGE 92 AND AS SHOWN ON MAP FRED IN BOOK 2 OF RECORD OF SURVEYS
AT PAGE 55 IN THE CRY OF SAN LUIS OBISPO . COUNTY OF SAN LUIS OBISPO, CAUFORNIA
06 :2011009 10801 E8, 2012 DIEET 3 D<SN'.\2011\1011009-HASP-T,A0a-1341-2353-Enq\SA,.R0O,A.IngA\3,-2311 MIAA, 181141-AAI 3 Mar 30 2012 1 :11Pm SRRSS1n
LEGEND
O INDICATES SET 5/8'REBAR 58714 CAP 'LS .7561'
UNLESS NOTED OTHERWISE N0019'58"E 100.00'
INDICATES SET 1 1/2" IRON PPE WITH TA G
'LS .7561'UNLESS NOTED OTHERWISE
10' RUE A AMC STREE TTREE EASEMENT TV
LOT 42
5,000 sq.%
NOO'19'S8'E 100 .00'
$LOT 25104,000 aq.R.
N0019'58'E 00.00
A INDICATES SET STANDARD CITY CENTERUN EMONUMENT MATH TAG 'LS.7561'
LOT 96,000 sq.R
30'N0019'58'E 100.00A•INDICATES FOUND AS NOTED .
M INDICATES MEASURED DATARINDICATES RECORD PER 2—LS—55R7INDICATES RECORD PER 94—LS—55
R2 INDICATES RECORD PER 81—LS—76
R3 INDICATES PER CITY OF SAN WIS OBISP O
HORIZONTAL CONTROL NETWORK (2007)
Y
LOT 8 s5,500 sq .R.rl s
N0019 '58"E 100.00'l a
' VEHICULAR ACCESS DENIAL
LOT 60
11,565 Ru t
max%
X45'41'37'
R=50 .00'aA ,1,R~
L=39.88',A
6=10'49'3 1
R=97.46 'L=18 .47 '
5=5516'27",30.58;
R=50.00'
L=48.24 '
BASIS OF BEARING S
THE BASIS OF BEARINGS FOR THIS MAP IS TH E
CENTERUNE OF PRADO ROAD BETWEEN FOUN D
MONUMENTS PER R7, BEARING BEING N89'S8 '5 6'W.
LOT 7
5,000 sAN .,nSERRA MEADOWS DRIV E
N0O'07'29'W 531 .47'
-264.01 '
NO0'19'SB'E 100.00'A
4200 'A5=89'32'34"R=20.00'LOT 6
5.000 sq.R
5=9027 '26"000'1.58'1.26'80 .16 ''79 .84'L=
PRIVATE STORMDRAIN EASEMEN T(SEE 0ESSE R)
LOT 3 9
6 .014 sq.R.4
N0019'58"E 00.00 '
e
'.
;i
gg'
_-
LOT 285,996 sq .R .
N0019'58'E 00.00'
4M
'
I Y•
;$LOT 385.000 sq .R.4-NOO'19 '58 "E 00 00'•N
tT
o
g,
21' PRIVATE ACCESS R
10'DRAINAGE EASEMENTS
g LOT 2985,000 sq.R.
NOO'19'58"E 00.00 '
9Q.,
.g LOT 3 75,000 sq.N.
N0019'S8'E
I•u,
100.00'
AS
\
g o LOT 3 08Iry5.000 NA-
~IR 600'19 '58 "E 10000'
s•.S;
,g LOT 36 A o ~g
LOT 31 8-
5,000 sq.R.4,000 19 .9 ..
ID' RUE s PUBLIC STREET N00'19 '58'E 100 .00'1REE EASEMENT i1P •NO0'19'58 "E 00.00 '-10' RUE PUBLIC STREET •
•NET E EASEMENT TM
LOT 32 'S LOT 35 SE 10 5,000 19.4.S 4,000 sq.R.
N0019'58"E 100 .00'N00'19'58'E 100.00'
LOT 34
5,047 salt sS
a LOT 3 3S5,047 sq.R .
f3100.00'Lai 100.00'
NOO'19'58 "E 100.00 '
GRAPHIC SCALE
LOT 5
6.000 sq.R.
(BR PQi )
I huh -40 It
NOO'19 '58"E 100 .00'
34'
EASEMENT NOTE :
PUBLIC WATER EASEMENTS AND PUBLIC UTILITIES EASEMEN T
(P.U .E.) OVER ALL OF LOTS 53 THROUGH Al INCLUSIVE AND LO T
66 EXCLUDING BUILDING LOCATIONS DEDICATED 111TH THIS MAP.
A
ry 8 /''"LOT 6 2e6,000 sq .R .
15 'PIP A PUBLIC STREETTREE EASEMENT TIPN0019'58'E 100 .00'
LOT 4
'5°° ''.ft.!g''C ALLSN0019'58"E 100.00'i JAIMIN
8 LOT 3 '86.000 suit e
PRIVATE ACCESS, DRAINAGE AND SEWER EASEMENTS OVER ALL O F
LOTS 53 THROUGH 60 INCLUSIVE EXCLUDING BUILDING LOCATION S
FOR THE USE AND BENETT OF THE PRESENT AND FUTURE LOT
OWNERS OF LOTS 40 THROUGH 60 INCLUSIVE DEDICATED WITH
THIS MAP
10' PRIVATE ACCESS. SERE RDRAINAGE EASEMENTS ANDPUBLIC RATER EASEMEN T
PRIVATE ACCESS, DRAINAGE AND SEWER EASEMENTS OVER AU . OF
LOTS 61 AND LOT 66 EXCLUDING BUILDING LOCATONS FOR TH EUSE AND BENEFIT OF THE PRESENT AND FUTURE LOT OWNERS OFLOTS 61 THROUGH 66 INCLUSIVE DEDICATED WITH THIS MAP
NOO'19'58"E 100.00
LOT 6 35,000 sq .R .
NOO'19'5 8"E 100.0 0'
LOT 64
4,000 sq.R.
NO0'19'58"E 100.00 '
LOT 2 Al
5.500 sq .R.ST
30'30'NOD'19'S8'E 100.00'RELINQUISHMENT NOTE :
RIGHTS OF VEHICULAR INGRESS AND EGRESS FROM LOTS
17 THROUGH 66 INCLUSIVE ADJOINING PRADO ROAD, CALLEMALVA, SAGE STREET, JUNIPERO WAY AND SERR A
MEADOWS DRIVE EXCEPT AT LOCATOR DESIGNATED 8 YPRIVATE ACCESS EASEMENTS REUNOUISHED PATH THIS MAP.
•`
LOT 1
5,047 sq.R S
1_A60.01 SA1A6800'
N0012'27 "W 659.66'
38 .00'78 .63'•
FD . 2' BRASS CAP 'UNION OIL CO. No.
20 'PER R,R2, CCEPTED FOR EASTERL YUNE SEE DETAIL C ON SHEET 2
100.00'
FD. 2' BRASS CAP 'UNION .
OIL CO. No. 19' PER R,RIPTN. OF LOT 3 0
SUBURBAN 'TRAC T
I —LS—9 2
NOO'07'29'W\646 1
N59'39'S5'E 16 .59'--~/
1 1
PRIVATE STORM_
IDRAIN EASEMENT g
LOT 39 I E LOT 2 8rrmdesigngroupHi
creating environments people enjoy®
3765 South Higuera SL, Ste . 102, San Luis Obispo, CA 93401
P:(805) 543-1794 I F : (805) 543-46091WWw.mmoesIgn .camAu+ms .Cw=tIMm con+AAnA+Nd.A1IowIAR0Aw.PEOCHIS.ISs2T6I>MF.e=,uA9SM
N\1011\1011009-RASP-T.ALIA-2314-2353-Enl\SU,roy\O,0400s\in-2343 5044, IR2312-sEl 4,Mar 30, 2012 241Pm SBTSES1er
PRIVATE ACCESS ADRAINAGE EASEMENTS
DETAIL F
NTS
A PORTION OF LOTS 29 AND 30 OF THE SAN LUIS OBISPO SUBURBAN TRACT AS SHOWN ON MAP FILE D
IN BOOK 1 OF MAPS AT PAGE 92 AND AS SHOWN ON MAP BLED IN BOOK 2 OF RECORD OF SURVEY SAT PAGE 55 IN THE CTTY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO . CALIFORNIA
TRACT MAP No . 234 2
JO & 2011009 MARCH At 2012 SHEET 4 OF 5
ADDITIONAL MAP SHEE T
I
-i1 1MARGARITA AVENUE I
16 4 1 351513 12910
GRAPHIC SCALE
SAGE STREET (Df 7d[)
1 took N80 fL
12 1 918 20 2 22 23 24 25 26 27 28 29 I 30 31 32 33
50 3 449\48 3638I373942434445464740 35
60
100–YEAR FLOOD ZONE PERF.EM .A. CASE No.11–09–3153
(C.LO .M.R.)JUNIPERO WAY
51
NOISE SETBACK NOTE :
PER CONDITION NO. 1 OF PLANNING COMMISSION RESOLUTION PC–5565–1 1
DATED SEPTEMBER 28,2011 . THE 157'SETBACK APPLES 10 SINGLE–FAMILY
RERDEN11AL UNITS.PROPOSED WORK/UVE UNITS MAY BE LOCATED Wi111IN
1HE 157' SETBACK SUBJECT TO COMPUANCE WITH ALL OF TH E
REOUIREMFNIS OF 1HE SOUND LEVEL ASSESSMENT OF 45 DB .
52 53 5 5
100–YEAR FLOOD ZONE PER
FIRM MAP No.06079C1068F
54
6 1
57 5958 60
66
PRADO ROAD
SOILS REPORT
'SOILS ENGINEERING REPORT UPDATE'
392 PRADO ROAD
SAN LUIS OBISPO, CALIFORNIA'
DATED MAY 24,2011 (REVISED JUNE 13, 2011 )
PREPARED FOR: MD2 COMMUNITIES INC .
1203 FLYNN RD. SUITE 23 0
CAMARILLO, CALIFORNIA 93012
PREPARED' BS EARTH SYSTEMS PACIFIC
4378 OLD SANTA FE ROAD
SAN LUIS OBISPO,CALIFORNIA 93401
rrmdesigngroup TRACT MAP No .234 2
creating environments people enjoy °
3765 South Higuera St ., Ste . 102, San Luis Obispo, CA 9340 1
P: (805) 543-17941 F : (805)543.460910 0.2 144091.0011♦ucom.rom.,TOG.xnt.,sr.&. 110119,01 .80,5090O0S s81.0962r5INnr.w.URW
A PORTION OF LOTS 29 AND 30 OF THE SAN LUIS OBISPO SUBURBAN TRACT AS SHOWN ON MAP RLED
IN BOOK I OF MAPS AT PAGE 92 AND AS SHOWN ON MAP RLED IN BOOK 2 OF RECORD OF SURVEYS
AT PAGE 55 IN THE CITY OF SAN LUIS OBISPO . COUNTY OF SAN LUIS OBISPO,CALIFORNIA
N.\20n\mn000-wsP-irons-2 .L2-239-foo\SO,KY\O,o.io9:\L-234 Odd*Q2823.1-eht 5,98 30 20,2 2 pm, 5090018 SOETT 5 OF 500e 2011009 08801 28,2012
Exhibit B
SUBDIVISION AGREEMEN T
THIS AGREEMENT is dated this day of 2012, by an d
between ResCal SLO 193, LLC, a Delaware Limited Liability Company, herein referred t o
as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ."
RECITAL S
REFERENCE IS HEREBY MADE to that certain proposed subdivision of rea l
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 2342, City of San Luis Obispo ,
California, as approved by the City Council on the day of , 201
The Subdivider desires that said Tract No . 2342 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 1 6
of the San Luis Obispo Municipal Code), an d
It is a condition of said regulations that the Subdivider agree to install th e
improvements as set forth on the plans therefore .
TERMS AND CONDITIONS :
In consideration of the foregoing, the Subdivider does hereby agree to construc t
and install the following subdivision improvements in accordance with said subdivisio n
regulations, and in accordance with approved plans and specifications on file in the offic e
of the City Engineer, City of San Luis Obispo, to wit :
1.CURB, GUTTERS AND SIDEWALK S
2.STREET AND ALLEY BASE AND SURFACIN G
3.WATER MAINS and SEWER MAINS, including sewer laterals to the property lin e
and water services to the curb stop .
4.LANDSCAPIN G
5 .DRAINAGE STRUCTURES, INCLUDING DETENTION BASIN S
1
C4-35
Exhibit B
6.STREET LIGHT S
7.ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION : In addition to th e
inspection and approval of such facilities by the City, each public utility shall b e
required to file a letter stating that the developer has properly installed all facilities t o
be provided by him, and that the said utility is prepared to provide service t o
residents upon request .
8.ANY & ALL OTHER IMPROVEMENTS shown on plans or required by projec t
approvals .
All of the above facilities shall be installed in the locations designated and to the plans an d
specifications on file and approved by said City Engineer .
The lines and grades for all of said improvements shall be established by th e
Subdivider in accordance with said approved plans and specifications .
The Subdivider agrees that the work of installing the above improvements shal l
begin within thirty (30) days from the date of recording of the final map, and that the wor k
shall be completed within twelve (12) months of said recording date, unless an extensio n
has been granted by the City, provided that if completion of said work is delayed by acts o f
God or labor disputes resulting in strike action, the Subdivider shall have an additiona l
period of time equivalent to such period of delay in which to complete such work . An y
extension of time hereunder shall not operate to release the surety on the Improvemen t
Security filed pursuant to this agreement . In this connection, the surety waives th e
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 dat e
of the agreement until completion and acceptance of all public improvements unles s
specifically approved by the City .
2
C4-36
Exhibit B
The Subdivider does also agree to comply with the conditions established by th e
Planning Commission and/or the City Council and has paid the necessary fees a s
indicated on the attached Exhibits 1 and 2 .
The restoration of lost section corners and retracement of section lines within th e
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq ., of th e
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of th e
State of California .
The Subdivider attaches hereto, as an integral part hereof, and as security for th e
performance of this agreement, instruments of credit or bond approved by and in favor o f
the City of San Luis Obispo, and conditional upon the faithful performance of thi s
agreement . Said instruments of credit or bond are in the amounts specified in Exhibits 1
and 2, which are the amounts of the estimated cost of said improvements .
Subdivider agrees to remedy any defects in the improvements arising from fault y
workmanship or materials or defective construction of said improvements occurring withi n
twelve (12) months after acceptance thereof . In accordance with Sections 66499 .7 an d
66499 .9 of the Government Code of the State of California, upon final completion an d
acceptance of the work, City will release all but 10% of the improvement security, tha t
amount being deemed sufficient to guarantee faithful performance by the Subdivider of hi s
obligation to remedy any defects in the improvements arising within a period of one yea r
following the completion and acceptance thereof .
Completion of the work shall be deemed to have occurred on the date which th e
City Council shall, by resolution duly passed and adopted, accept and/or certify a s
complete said improvements according to said plans and specifications, and any approve d
modifications thereto . Neither periodic nor progress inspections or approvals shall bin d
3
C4-37
Exhibit B
the City to accept said improvements or waive any defects in the same or any breach o f
this agreement .
"AS-BUILT" record drawings are to be submitted within four weeks of completion o f
construction and prior to City acceptance of the public improvements .
If the Subdivider fails to complete the work within the prescribed time, th e
Subdivider agrees that City may, at its option, declare the instrument of credit or bon d
which has been posted by Subdivider to guarantee faithful performance, forfeited an d
utilize the proceeds to complete said improvements, or city may complete sai d
improvements and recover the full cost and expense thereof from the Subdivider or hi s
surety .
The Subdivider has deposited with the City labor and materials sureties in th e
amount of 50% of the above described subdivision improvements in accordance wit h
State law .
Said Subdivider has paid the required inspection fees for City to inspect th e
installation of said subdivision improvements, and to verify that they have been complete d
in accordance with the plans and specifications .
If off-site dedication of property is necessary to facilitate the construction of th e
required subdivision improvements, the subdivider shall exhaust all avenues available t o
acquire said off-site dedication . In the event the subdivider is unable to acquire sai d
property, the City may lend the subdivider its powers of condemnation to acquire th e
off-site dedication, including any necessary construction, slope, and drainag e
easements . The Subdivider shall pay for all costs incurred by the City to acquire th e
off-site dedication, including, but not limited to, all costs associated with condemnatio n
through the condemnation process . Prior to proceeding with the condemnation process ,
4
C4-38
Exhibit B
the Subdivider shall deposit with the City all or a portion of the anticipated costs, a s
determined by the City Attorney, of the condemnation proceedings . The City does not an d
cannot guarantee that the necessary property rights can be acquired or will, in fact, b e
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 an d
specifications on file with said City Engineer as a part of said Subdivision Map, and al l
other documents filed with the City by the Subdivider and approved by the City Enginee r
are hereby referred to for further particulars in interpreting and defining the obligations o f
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 an y
claim, action or proceeding against the City and/or its agents, officers or employees t o
attack, set aside, void or annul, the approval by the City of this subdivision, and all action s
relating thereto, including but not limited to environmental review ("Indemnified Claims").
The City shall promptly notify the subdivider of any Indemnified Claim upon bein g
presented with the Indemnified Claim and City shall fully cooperate in the defense agains t
an Indemnified Claim .
It is understood and agreed by and between the Subdivider and the City hereto tha t
this agreement shall bind the heirs, executors, administrators, successors and assigns o f
the respective Parties to this agreement .
It is agreed that the Subdivider will furnish copies of the successful bidder's contrac t
unit prices and total bid prices for all of the improvements herein referred to .
5
C4-39
Exhibit B
IN WITNESS WHEREOF, this agreement has been executed by :
CITY OF SAN LUIS OBISPO SUBDIVIDE R
ResCal SLO 193, LLC ,
a Delaware Limited Liability Compan y
6
MAYOR Jan Marx
ATTEST :
INTERIM CITY CLERK Sheryl) Schroede r
APPROVED AS TO FORM :
CITY ATTORNEY Christine Dietrick
C4-40
Exhibit B
EXHIBIT1
TRACT 2342 -SUBDIVISION AGREEMENT
1.The Subdivider has deposited a monumentation guarantee in the amount of $3,400 to cove r
the installation of survey monuments in accordance with the approved map and payment fo r
same . Said guarantee will be released to the Subdivider upon receipt by the City of a lette r
from the Engineer indicating that they have completed the work and have been paid .
2.Park-in-lieu fees shall be paid at time of building permits per the fee schedule in effect a t
that time .
3.Water and sewer impact fees shall be paid at time of building permits through th e
Community Development Department per the fee schedule in effect at that time .
4.Transportation impact fees shall be paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
5.The subdivider shall comply with all requirements of Council Resolution No . 9776 (200 6
Series) approving the tentative map, and associated Planning Commission resolutions .
6.The Subdivider has deposited two faithful performance securities to guarantee completion o f
Prado Road from its existing terminus to "M" Street (PRE-WE), pursuant to Condition #l d
of Council Resolution No . 9776 (2006 Series). One security in the amount of $2,648,60 0
guarantees completion of the first 1300' of the Prado Road extension (PRE-WE la), and a
second security in the amount of $2,322,400 guarantees completion of the remaining 500' o f
the Prado Road extension to "M" Street (PRE-WE lb).
7.The Subdivider has deposited a faithful performance security in the amount of $280,000 t o
guarantee completion of the plans, specifications, and environmental permits for the Prad o
Road extension from "M" Street to Broad pursuant to Condition #1e of Council Resolutio n
No . 9776 (2006 Series). Said guarantee will be released to the Subdivider upon approval b y
the City of the plans and specifications and issuance of the environmental and constructio n
permits .
8.Pursuant to Condition #6 of Council Resolution No . 9776 (2006 Series), the Subdivider ha s
deposited a faithful performance security in the amount of $130,000 to retain a qualifie d
traffic consultant to conduct traffic counts and speed measurements one-year after fina l
occupancy of complete build-out of the subdivision or acceptance of public improvements ,
whichever occurs later . If the traffic volumes or speeds exceed City standards, the $130,00 0
security will be retained by the City to guarantee that Subdivider install additiona l
City-approved traffic calming measures to reduce volume and speeds to comply with Cit y
standards . The additional measures shall be installed within six (6) months following notic e
from the City to install said measures . Another traffic study shall be performed twelve (12 )
months after completion of construction of the additional traffic calming measures . Th e
$130,000 security will be released to the Subdivider once a City-approved traffic stud y
demonstrates that traffic volumes and speeds comply with City standards .
7
C4-41
Exhibit B
EXHIBIT2
TRACT 2342 - FEE AND BOND LIST
Amount
Form
Date Received
Bonds and Guarantees:
Faithful Performance
$792,70 0
for Off-Site Drainage Basi n
Labor & Materials
$396,35 0
for Off-Site Drainage Basi n
Faithful Performance
$2,648,60 0
for Prado Road (PRE-WE la)
Labor & Materials
$1,324,30 0
for Prado Road (PRE-WE 1a)
Faithful Performance
$2,322,400
for Prado Road (PRE-WE 1b)
Labor & Materials
$1,161,200
for Prado Road (PRE-WE 1 b)
Faithful Performance
$1,565,900
for On-Site Tract 2342 improvements
Labor & Materials
$782,95 0
for On-Site Tract 2342 improvement s
Faithful Performance
$280,000
for completion of plans, specs, an d
permits for Prado Road (PRE-MB)
Faithful Performance
$130,000
for completion of traffic counts an d
speed measurements and installation of
additional traffic calming measure s
Monumentation Bond
$3,400
CD or Letter of Credi t
Fees:
Map Check Fee
$17,627
Check or Charge
8/24/1 1
Plan Check Fee
$23,578
Check or Charge
5/10/1 1
for Off-Site Drainage Basi n
Inspection Fee
$106,097
Check or Charge
9/8/1 1
for Off-Site Drainage Basi n
Plan Check Fee
$43,016
Check or Charge
10/5/1 1
for Prado Road (PRE-WE 1 a)
Inspection Fee
$345,564
for Prado Road (PRE-WE 1 a)
Plan Check Fee
$28,875
Check or Charge
8/24/1 1
for On-Site Tract 2342 improvements
Inspection Fee
$185,671
Check or Charge
1/4/1 2
for On-Site Tract 2342 improvement s
Park In-Lieu Fee '
To be collected with building permi t
Water Impact Fee '
To be collected with building permi t
Wastewater Impact Fee'
To be collected with building permit
Transportation Impact Fee'
To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI . Credit given for demolished units .
8
C4-42