HomeMy WebLinkAbout12/03/1996, C-4 - FINAL MAP APPROVAL FOR TRACT 2100, LOCATED AT 3935 POINSETTIA ST. council
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C I TY O F SAN LU I S OBISPO
FROM: Michael D. McCluskey, Public Works Director
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract 2100, located at 3935 Poins43a St.
CAO RECOMMENDATION:
Adopt Resolution approving the Final Map for Tract 2100.
DISCUSSION:
Tract 2100 was approved May 19, 1992 per Resolution No. 8013 (1992 Series). It creates 10
single-family lots and a pedestrian access lot (Lot A) on Poinsettia Street to access the Marigold
Shopping Center. Lot A is to be conveyed to the Marigold Shopping Center owner, who has
agreed to maintain the walkway and landscaping.
Condition 10 of the above-mentioned resolution requires the subdivider to annex the new lots to
the Santa Lucia Hills Homeowners Association (HOA), which has the responsibility to maintain
the various linear parks and detention basins (required by the Edna-Islay Specific Plan), if
approved by the HOA. The subdivider has contacted the HOA and their Board of Directors
recommends approval of the annexation. However, the CC&R's require a two-thirds majority
affirmative vote by the general membership prior to this annexation. The Board has solicited
approval by its 550 (+/-) members. This process is expected to be completed in January. The
subdivision agreement provides for completing the annexation process within 30 days of notice
of approval by the general membership.
Assuming the two-thirds approval is given, the subdivider will have complied with all conditions
of approval (including easements, separate utilities, submittal of surety, etc. and by incorporating
uncompleted conditions into the attached subdivision agreement).
Should the two-thirds approval not be forthcoming, the subdivider will have made every effort
to comply with the subdivision agreement. Staff does not feel that the subdivider should be
penalized for circumstances beyond his control and, therefore, continue to recommend final map
approval. Staff also believes it is only a remote chance that it won't be approved. The HOA
has a positive benefit - no added burdens, only added contributions to maintain its duties.
An adjacent final parcel map (MS 92-127) is scheduled to be approved by the Community
Development Director which will create three additional parcels. The subdivision agreement and
surety for Tract 2100 also requires completion of the respective parcel map conditions, including
the HOA annexation of the three lots.
Council Agenda Report- Final Map approval for Tract 2100
Page Two
ALTERNATIVES:
Option 1: Deny approval of the Final Map if the Council finds that any conditions
have not been satisfactorily met.
FISCAL EMPACT: None
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
No other departments are affected.
Attachments:
1 - Draft Resolution approving Final Map.
2 - Map
3 - Resolution No. 8013 . (1992 Series)
4 - Final Map Checklist
G:\tract-ms\t2100\finalmap.rep
RESOLUTION NO. (1996 SERIES)
A RESOLUTION OF THE COUNCIL, OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2100
WHEREAS, the City Council made certain findings concerning Tract 2100, as contained
in Resolution No. 8013 (1992 Series), and
WHEREAS, the subdivider is processing annexation of the tract to the Santa Lucia Hills
Homeowners Association,per Condition 10 of said Resolution No. 8013, for maintenance of the
respective detention basins and linear parks, pursuant to the Edna-Islay Specific Plan and as
provided for in the attached subdivision agreement, marked "Exhibit A", and
WHEREAS,all other conditions required per said Resolution No. 8013 (1992 Series)have
been bonded for and/or otherwise satisfactorily met.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for
Tract 2100 and the Mayor is hereby authorized to execute the subdivision agreement.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1996.
ATTEST: Mayor Allen K. Settle
City Clerk Bonnie Gawf
Approved as to Form:
*TT Jrey G. Jorgenson G:\tract-ms\t2100\finalmap.rep
�-�-3
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and between
a California Limited
PRISKE-JONES VENTURES/POINSETTIA, L.L.C., Liability Compgngierein 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 the final map of
ParcelMa
Tract 2100; MS 92-127p City of San Luis Obispo, California, as approved by
the City Council on the day of , 19
Parcel Map
The Subdivider desires that said Tract 2100- MS 92-127 be accepted
and approved as : final map pursuant to the Subdivision Regulations of
the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal
Cod) ,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:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3 . WATER MAINS anti SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
1
4/-
- 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
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.
2
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all
public improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the conditions
established by the Planning Commission and/or the City Council and has
paid the necessary fees as indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Article 5,
paragraph 8771 et seq. , of the Professional Land Surveyors Act, Chapter
15 of the Business and Professions Code of the State of California.
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
conditional upon the faithful performance of this agreement. Said
instrument of. credit or bond is in the amount of $ 48, W-00 , which is
the amount of the estimated cost of said improvements. Subdivider
agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements
occurring within twelve (12) months after acceptance thereof. ' In
accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of 'California, upon final completion and acceptance of the
work, City will release all but log of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the improvements
arising within a period of one year following the completion and
acceptance thereof.
3
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
complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof from the Subdivider or his
irety..
The Subdivider agrees to deposit with the City a labor and materials
bond in the. amount of 50% of the above described subdivision
improvements in accordance with State law.
Said Subdivider has paid the sum of $ 3,9670�from which the City will
pay the salary and expenses of an inspector or inspectors to inspect the
installation of said subdivision improvements. Upon completion of the
work, the Subdivider shall submit written certification that the work
has been completed in accordance with the plans and specifications and
requests acceptance of the work by the City.
The Subdivider has paid $-Z2- to the City for all labor and material
costs (including normal overhead) incurred by City for installation by
the City of all street name signs and traffic control signs and striping
:h the public rights=of-way per City and State regulations.
4 7
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.
It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
PRISRE-TONES VENTURES/POINSETTIA, L.L.C.,
MAYOR a California Limited Liability Coapp-n ,
By: Priske-Tones Company,
its Managing M
ATTEST:
BY:
CITY CLERK
Bradley B.�iJ es, Pr sident
. 6
APPROVED AS FORM:
,,,
i t A or y
forms/sub-agr ;
by
5 /� �j
EXH[Brr 1
SUBDIVISION AGREEMENT
TRACT' 2100 & MS SLO 92-127
POINSETTIA
1. The subdivider has paid a monumentation guarantee of$1000 (CD # 002400407) to cover
the installation of survey monuments per the approved final map and payment for same. Said
security deposit will be released to the subdivider upon receipt by the City of a letter from the
engineer/surveyor indicating he has completed the work and has been paid.
2. Per condition 9 of Resolution 8013 (1992 Series) "The subdivider shall inform future lot
buyers of the possibility of building permit delay based on the city's water shortage. Such
notification shall be made a part of the recorded documentation for each lot."
3. Per condition 10 of Resolution 8103 (1992 series) "The subdivider shall consult with the
existing homeowners association, encompassing the adjacent residential property, and ask to
amend the existing covenants, conditions, and restrictions (CC&R's) in force for the adjacent
residential development, by attaching this subdivision to the other subdivisions governed by
the homeowners' association created by these CC&R's. If approved, these amended CC&R's
shall be approved by the Community Development Director and administered by the
homeowners' association. If the request is rejected by the homeowners' association, proof of
such rejection must be provided to the Community Development Director."
Subdivider shall process all necessary documents to finalize this annexation within 30 days of
favorable notice by the Santa Lucia Hills homeowners Association and shall notify any future
property owners of the pending action.
4. The subdivider shall install the masonry wall and landscaping along Industrial way and
has made arrangements via an agreement to be recorded with the map for the Marigold
Center, L.L.C. a California Limited Liability Company to have the parkway maintained, along
with the maintenance of "Lot A".
5. Lot "A" shall be owned and maintained by the Marigold shopping center with the
agreement noted in 4 above being recorded concurrently with the final map.
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RESOLUTION NO. 8013 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2100
LOCATED AT 3935 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2100 and the Planning
Commission's reco.mendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and the proposed
improvements, as conditioned, are consistent with the
general plan and specific plan for the £dna-Islay area.
2 . The site is physically suited for the type and density of
development allowed in an R-1-PD-SP zone.
3 . The design of the subdivision and the proposed improvements
are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
The design of the subdivision or the type of improvements
. will not conflict with easements for access through (or use
of the property within) •. the proposed subdivision.
5 . An environmental impact report was adopted by the City
Council for the Edna-Islay Specific Plan. In accordance
.with State law, the Community Development Director has
determined that no further environmental study is necessary.
SECTION 2 . Conditions. The approval of the tentative map
for Tract 2100 be subject to the following conditions:
1. Development of the subdivision must be in accordance with
the Edna-Islay Specific Plan.
2 . When construction of the subdivision is complete, Poinsettia
Street improve-ments must be in a "like new" condition, or
shall be repaired or replaced to the satisfaction of the
City Engineer. Because of the new improvements, and water,
sewer, and utility services to be installed with this
subdivision, a one inch blanket pavement may be required to
the satisfaction of the City Engineer.
�_cniv
Resolution No. 8013 (1992 Series)
Tract 2100
Page 3
is rejected by the Homeowner' s Association, proof of such
rejection must be provided to the Community Development
Director.
11. The subdivider shall pay any applicable storm drainage fees
adopted by the City council, which are anticipated to be
adopted on or about July, 1992 .
12 . If the offer to dedicate the extension of Bougainvillea
Street is not accepted by the City, and the extension
thereby abandoned, then a common driveway agreement shall be
submitted to the Community Development Director for review,
approval, and recordation, allowing use of the accessway to
lot 10 (alternative design) to be shared by the residents of
lots S and 9.
13 . The subdivider shall install a 6 foot high fence along the
easterly property line of lot 9 to assure a degree of
privacy to adjoining property owners.
On motion of Councilmember Roalman
seconded by Councilmember Reiss and on
the following roll call vote:
AYES: Councilmembe.rs Roalman, Reiss , Pinard , Rappa & Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th day
of Mav 1992_
Mayor Ronunin
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city of San WIS OBISPO
FINAL MAP AP
-� - �-�= PROVAL CHECKLIST
PROJECT NAME FD/&1F__7 T//3
DESCRIPTION j(L Lc T- TZ d,67, f 3 LOT &ecl.0 &hf Of .51ArGE rifIW(L% ��s O,y rs� STX�tr
7k'1/eo
MAP NUMBER /JS 91-(Z7 SPECIFIC PLAN moo" ISZ4t REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL 'DATE I COMMENTS
1 GRADING including planting &retaining walls r!Moe p,- v
2 STORM DRAINS&DRAINAGE STRUCTURES NA 4k- 6 ,
3 SEWERS&SERVICES fr 'qC �p� v4F fl-d-W. Oat o g- 0
4 WATERLINES&SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. —Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) / /0 %g E 1-.,,-r ST/ F',(- o
10 PUBLIC IMPROVEMENTS payments received % ` c
AdJ
11 AGREEMENT CONDITIONS have been met 9� O r/ S s r
12 MONUMENTATION r C p r r
13 STREET TREES w Xe-,+w [Ar,rx 73 Qg cMVTBp Awl
14 OFFSITE WORK
15 BONDIGUARANTEE deposited
16 PARK dedication or in-lieu fees W E( P JV c3�
17 Deposit Account Status Alk '
)THER CONDITIONS
18 Board of Adjustments
19 Planning Commission �I I
20 Architectural Review Commission
21 City Council I Ak lvAq[qU_
22 Abandonments
t3 Other
-TACH LIST OF.CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVA ��✓
ei PUBLIC SERVICES APPROVAL ��