HomeMy WebLinkAbout01/19/1993, C-1 - ACCEPTANCE OF PUBLIC IMPROVEMENTS TRACT 12590
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. FINAL - CCEPTANCEL CHECKLIST
PROJECT NAME San Luis Drive Tract by Alex Madonna
DESCRIPTION 17 Lot Single Family Subdivision at the Toe of Hill
MAP NUMBER Tract 1259 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT
VARIANCE
PIIRI TC TMPRDVFMFNT CDNDTTTIINS
ARC OTHER
d
DESCRIPTION
INITIAL
DATE
COMMENTS
1
GRADING complete including planting b retaining walls
r Z-
3 - Li -71
2
STORM DRAINS b DRAINAGE STRUCTURES installed
3
SEWERS b SERVICES installed and tested
4
WATERLINES b SERVICES installed and tested
5
FIRE HYDRANTS installed and tested
W,
3 -tci
6
CONCRETE installed and approved
Curbs and Gutters
RY
Sidewalks
(i19
Driveways
(L�
7
STREET d PAVING installed and approved
(j1;
Properly installed and sealed
Cleaned
_
Signing, striping and curb painting
8
NON -CITY UTILITIES
P.G.E E. -- Final letter received
Street lights installed, operating, letter sent
2 c
Cable TV -- Final letter received
Telephone Co. -- Final letter received
r q
Gas Company -- Final letter received
`7
9
AS -BUILT PLANS received and approved
if. B.
J/21/91,
10
PUBLIC IMPROVEMENTS payments received
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41t
11
AGREEMENT CONDITIONS have been met
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12
MONUMENTATION complete
I is-ell
13
STREET TREES planted
T (,
f: :; ;,
14
OFF -SITE WORK completed
L-
1 12 V14,
z
15
BOND /GUARANTEE deposited
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__e"" 1
16
idWDeposit Account Status
112
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I
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
U
17
BOARD OF ADJUSTMENTS
18
PLANNING COMMISSION
19
ARCHITECTURAL REVIEW COMMISSION
20
CITY COUNCIL
21
ABANDONMENTS
22
OTHER
ATTACH LIST OF CONDITIONS b SUBDIVISION AGREEMENT
9 -BI
COMMUNITY DEVELOPMENT APPRO
PUBLIC SERVICES APPROVAL
I
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 16th day of December by and
between ALEX MADONNA , herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State
of California, a description of which is shown on final map of Tract 1259,
City of San Luis Obispo, California, as approved by the City Council, on
the 16th day of December 1986
The Subdivider desires that said Tract 1259 be accepted and approved
as a final map pursuant to the Subdivision Regulations of the City of San
Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to
install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision regulations, and in accordance with
approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
C-1 -7
I. CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each +
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
G
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Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all pui)i:,
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council:
1. The Subdivider has deposited a cash monumentation guarantee of $3,000.00 to
cover the installation of survey monuments in accordance with the approved
map and payment for same. Said guarantee will be released to the
Subdivider upon receipt by the City of a letter from the Engineer
indicating they have completed the work and have been paid.
2. The Subdivider has paid water acreage fees of $5162.00 (4.45 AC [net] x
$1160/AC).
3. The Subdivider shall be responsible for planting, maintaining and watering
the street trees and landscaping on Lot "A" and emergency access road for
one year after acceptance of improvements or until the growth is
established and self- sufficient, whichever is latest.
4. The Subdivider has submitted a tree protection bond of $50,000 and tree
preservation and open space easement documents per Conditions 10, 11 & 12,
of Resolution 5813 (1985 Series).
5. The Subdivider has provided an informational brochure for all future lot
owners in the tract regarding care of native oaks and shall take all due
precautionary.measures to minimize damage of trees to be saved during the
construction of subdivision improvements.
6. The Subdivider has paid park -in -lieu fees in the amount of $9,146.00.
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
3
�1-1 9
The Subdivider attaches hereto, as an integral part hereof, and as
security for the performance of this agreement, an instrument of credit or
bond approved by and in favor of the City of San Luis Obispo, and
,:onditional upon the faithful performance or Lhi.; :igrcr�mcnL. !;;Iid
instrument of credit or bond is in the amount of $210, 000.00, which is t.._
amount of the estimated cost of the remaining portion of uncompleted
improvements. Subdivider agrees to remedy any defects in the improvements
arising from faulty workmanship or materials or defective construction of
said improvements occurring within twelve (12) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the
Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the original
total cost of improvements, that amount being deemed sufficient to
guarantee faithful performance by the Subdivider of his obligation to
remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, the Subdivider agrees that City may, at its option, declare the
instrument of credit or bond which has been posted by Subdivider to
guarantee faithful performance, forfeited and utilize the proceeds to
4
�4-/-16)
complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the total value of subdivision improvements
in accordance with State law. (50% of $300,000 = $150,000)
Said Subdivider has deposited with the City the sum of $9,000.00 from
which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and
certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of $9,000.00,
the difference is to be paid by the Subdivider. The City reserves the
sole discretion in determining the amounts to be paid for salary and
expenses of said inspector or inspectors.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents filed
with the City by the Subdivider and approved by the City Engineer are
.hereby referred to for further particulars in interpreting and defining
the obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City
hereto that this agreement shall bind the heirs, executors,
administrators, successors and assigns of the respective Parties to this
agreement.
5
Al-11
It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF. this agreement has been executed by:
CITY OF S LUIS OBISPO
... .
OR IN
ATT
C TY CLERK PAMELA ES
Approved as to form:
City At rney
City E ineer
Agr -1259
by
2
SUED IDER
ALEX MAZ50NNA
RESOLUTION NO. i'i13 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CIT'i OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT 11O. 1259
LOCATED AT 2100 SAN LUIS DRIVE
BE IT RESOLVED by the Council of the Cit•;• of Sar, Luis Obispo as
fol10%. S:
SECTION 1. Findings. That this council, after consideration of
the tentative map of Tract 1259 and the Planning Con-iission's
recommendations, staff recommendations and reports thereon, ma }:es t'ne
following findings:
1. The design of the tentative map and proposed improvements are
cc- :sistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in a R -1 -S and C /OS -40 zones.
3. The design of the tentative map and the proposed improve e .-ts are
not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not
conflict with easement for access through (or use of property
within) the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision will not have a significant effect on the
environment and has granted a negative declaration subject to
incorporation of the following measures into the project:
a. Relocation of existing Union oil Company lines and high
pressure gas lines to the approval of the City Engineer to
minimize conflict with proposed utilities.
b. Provision of a 6 -foot high masonry landscaped wall along
the northerly property line of proposed lot 17 to reduce
exterior noise levels in rear yard.
/ c. All building designs shall include special construction
and site planning measures to maintain ma ximum• interior
and exterior noise levels at 45 dBA and 60 dBA (Ldn),
respectively.
I ' /?-/-/
Resolution No. 5813 (1985 Series)
Tract 1259
Page 2
d. Additional landscape planting along northerly boundary of
tract adjacent to highway 101 to provide dense visual
screening.
e. Detailed grading plans and grading procedures shall be
submitted for each individual lot. Grading plans will
specify existing and proposed grading, tree information as
noted under "f" below, type or types of foundation systems
allowed, proposed maximum building envelope and sc,nematic
foundation layout.
f. Tree protection program outlining measures to be taken
before, during and after construction to preserve trees,
and wildlife habitat shall be submitted prior to tentative
map approval.
6. The proposed subdivision and recommende^ conditions of approval
address special considerations of slope, flood hazard, and noise,
and satisfy use permit requirements under the site's "S" zone
designation.
Section 2. Exceptions. That the approval of the tentative map
for Tract 1259 shall be subject to the following exceptions:
1. Allow a 1015 foot long cul -de -sac street where a maximum of 600
feet is normally allowed.
2. The requested subdivision exception is justified, based on the
findings:
a. That the property to be divided is of such size or shape,
or is affected by such topographic conditions, that it is
impossible, impractical or undesirable, in the particular
case, to conform to the strict application of these
regulations; and
b. That cost to the subdivider of strict or literal
compliance with the regulations is not the sole reason for
granting the modification; and
C. That the modification will not be detrimental to the
public health, safety and welfare, or be injurious to
other properties in the vicinity; and
d. That granting the modification is in accord with the
intent and purposes of these regulations, and is
consistent with the general plan and with all applicable
specific plans or other plans of the city.
(2-/ _/ `f
Resolution No. 1 (1985 Series)
Tract 1259
Page 3
SECTION 3. Conditions. That the approval of the tentative nap
for Tract 1259 be subject to the following conditions:
1. Existing oil lines and high pressure gas lines shall be relocated
to reduce conflicts with proposed utilities, to the approval of
the City 7- maineer.
2. water acreage fees shall be paid prior to approval of final ma
as determined by :`:e City Engineer.
3. Standard curb and cutter shall be co
San Luis Drive. TI:e requirement for
of San Luis. Drive is hereby waived.
south side is deferred, and shall be
by the Cla%'
nstructed on both sides of
sidewalk on the north side
Sidewalk installation on the
installed on 90 -day notice
/ 4. Subdivider small dedicate to the city proposed lot A for purposes
of creek access, naintenance, and future improvements to the
approval of the City Engineer.
5. Subdivider shall install all creek improvements necessary to -
facilitate construction of street extension, including erosion
protection and bank revegetation, to the approval of the City
Engineer and Community Development Director.
/ 6. Subdivider shall install 20' wide paved fire access road and
locked gate from San Luis Drive cul -de -sac to Highway 101 across
Lot A, to the approval of the City Engineer.
7. Subdivider shall provide minimum 1 -inch layer of asphaltic
concrete (A.C.) paving over existing San Luis Drive from
Corralitos Avenue to Tract boundary to repair damage from
subdivision improvements, to the satisfaction of the Public works
Department.
8 Subdivider shall acquire necessary easements and install an
�ee8-inch diameter water main connecting the new San Luis Drive main
to existing 14 -inch main adjacent to Highway 101, to the.approval
a+_V of the City Utilities Engine * ea-Sc ,, ,-��. c „ ;�,��+ � ( �u�
�v �.rul- ,ti.en.,r
9. Final map shall show area su ject to inundation in a 100 -year
storm.
10. Subdivider shall enter into an agreement and post surety with the
city to guarantee protection of trees, as noted in Exhibit "A ",
to the approval of the Community Development Director.
Resolution No.5813 (1985 Series)
Tract 1259
Page 4
11. r'k perpetual open space easement over all lot areas above the 30a
slope line, "Lot A" and parcel identified as "not a part ", as
shown in sheet 1 of tentative map dated July 9, 1985 shall be
granted to the city subject to the approval of.the City
Attorney. The open space easement will be to maintain the area
in its natural open space character. The easement shall run with
the land and provide the following limitations on land use or
alterations of the area:
a. No structures will be placed or erected on said premises.
b. Fencing appropriate to open space preservation shall be
approved by the Community Development Director. Solid
fencing shall not be allowed.
C. No advertising of any kind or nat,.i-re shall be located on
or within said premises.
d. Owner shall not plant, nor permit to be planted, any
vegetation upon said open space area except for erosion
control, fire protection and soil stabilization or as
allowed and approved by the Community Development
Director.
e. The general topography of the area shall be preserved in
its natural or existing condition. No grading shall be
allowed except as permitted by the Community Development
Director for agricultural or creek improvement purposes.
f. No extraction of natural resources except for water.
g. No removal of natural vegetation except for fire
protection or elimination of diseased growth, as approved
by the Community Development Director.
12. Subdivider shall install additional landscaping along and within
Caltrans right -of -way anal "i.ot A" to enicanL :c x,it;ual and
noise buffer from Highway 101. Plans for said planting shall be
prepared by a qualified professional and approved by the
Community Development Director and California Department of
Transportation.
13. Subdivider shall request annexation to the City of San Luis
Obispo the entire area shown as "not a part" on sheet 1 of
tentative map dated July 9, 1985 along with portions of lots 15,
16, and 17, prior to final map approval.
14-1-JIA
Resolution No. 5813 (1935 Series)
Tract 1259
Page 5
14. Subdivider shall provide a 30 foot wide firebreak along rear o°
building sites. Within said firebreak, understory shr:bs and
dead wood shall be hand cleared and trees safety pruned, to the
approval of the City Arborist.
15. Subdivider shall file a parcel „yap to adjust lot lines between
Tract 43 and Lot A, or steal l revise map to show existing lot 1 i . ^.e
correctly on final map, to the approval of the Com munity
Development Director.
16. Final map shall note that lot grading is restricted on all lots
in the tract to driveways and areas within building foundations.
Padding of lots is prohibited, and special foundation design
measures may be required to the approval of the Community
Development Director.
17. Final map shall note that building coverage shall not exceed 40
percent of new lot area. Net lot area shall be defined as lot
area below the 30 percent slope break line as shown on the final
map. "Coverage" shall be as defined by Chapter 17.16.030 of
Zoning Regulations.
1Z 13..All houses shall be constructed of fire resistive materials to
the approval of the Community Development Director, and fire
hydrants shall be installed so that no house is farther than 150
feet from a hydrant to the approval of the Fire Department.
,"� 19. Final map shall note that if rear yard fencing is installed, it
shall be consistent with a uniform fencing plan for the tract on
file at the City Community Developement Department. Subdivider
shall submit a plan for Community Development Director approval
showing fencing location and design.
20. Final map and improvement plans shall contain a note that if
during construction of tract improvements any evidence of
archaeological resources is found, all work shall stop and an
archaeologist or other appropriately trained professional
approved by the Community Development Director shall be called in
to further analyze evidence found in the area. All cost of
future analysis shall be the subdivider's responsibility.
21. Subdivider shall clear debris, dead vegetation, and other creek
restrictions from San Luis Creek to the satisfaction of the
Public Works Department.
22. Final map shall note that "all lots are sensitive sites requiring
architectural review and approval before development.
i 23. Final map shall include provisions for preserving trees including
irrigation and landscaping guidelines adjacent to base of trees,
restrictions on grading and pruning of trees, and subdivider
shall provide an informational brochure to all new homeowners in
tract regarding care of native oaks. n_/_/ 7
Resolution No. (1985 Series)
Tract 1259
Page 6
On motion of :,QLZ:L
seconded by _ n, I :.., ; i)wl in
and on the following roll call vote:
AYES: f'„l,l;, 1 Dimin, '), Cril 111 :wd :,I ;i:'.,r Bil li};
NCES
ABSENT:
the foregoing resolution was passed and adopted this 15th day
of 0, ;,," 1985.
ATTEST
City Clerk Pamela g
APPR %ED:
�. Q
City Administ =ativ Off' er
City Attorney
Community Development Director
7
FEES AND BOND LIST
(Revised 11/26/86 after partial construction)
TRACT 1259 - SAN LUIS DRIVE
BONDS
Faithful Performance 5210,000 Rec'd 12 -4 -86
(Remaining improvements)
Labor and Materials $150,000 Rec'd 12 -4 -86
(50% of total improvements)
Tree Preservation S 50,000 Posted 7 -16 -86
FEES
inspection - Deposit
S
9,000
Paid 7/15/86
Water Acreage
S
5,162
Paid 12/4/86
(053-0317-017-320)
Park -in -Lieu Fee
S
9,146
Paid 12/4/86
(011 - 0010 - 013 -020)
Survey Monument (cash deposit)
$
3,000
Paid 12/4/86
(including MS 85 -172)
(500 - 0018 - 081 -010)
Restoration & Clean -up Bond
S
5,000
?aid 7/16/86
if construction started before
map recorded
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