HomeMy WebLinkAbout03/21/2000, C9 - FINAL MAP APPROVAL FOR TRACT NO. 2134 (UNIT 1), THE FIRST PHASE (2 LOTS) OF A MULTIPLE PHASE OFFICE/INDUSTRIAL SUBDIVISION AT 953 ORCUTT RD. [PARKSIDE RESEARCH CENTRE] Council Agenda Report-Final Map Approval for Tract 2134 (Unit 1)
Page 2
is approximately the cost of the median curbs.
Condition 32 provides for reimbursement to the subdivider for 2/3 of the cost of the bridge and
water main (crossing the bridge)per City regulations. The subdivision agreement incorporates
this provision. The resolution approving the final map incorporates the same provision and
delegates the final reimbursement rate to be established by the Director of Public Works, upon
completion of the work.
All fees and bonds have been received, as noted in the Fee and Bond List attached to Exhibit A
of the subdivision agreement. The improvement plans have been approved and off-site street
dedications have been received to accommodate the completion of Sacramento Drive, between
its present terminus and Orcutt Road. The deeds will be recorded with the final map.
A creek"riparian vegetation enhancement mitigation plan"has been prepared and approved by
the City's Natural Resources Manager and the California Department of Fish&Game,per
Condition 10 of the aforementioned PD conditions. As noted above, these improvements are
conditions of development of the lots. An open space easement has been dedicated on the final
map,which also establishes the building setbacks for this unit.
The subdivider has,therefore, complied with all of the conditions of this unit. The final map has
been checked and found to be in substantial conformance with the approved tentative map.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that any
conditions have not been satisfactorily met.
FISCAL IMPACT:
Typical maintenance of public streets, bridge,public storm drains, sanitary sewer and water
mains and appurtenances.
CONCURRENCES:
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action.
Attachments:
1 -Draft resolution and subdivision agreement
2—Map
3—Deeds—four offsite Sacramento St.dedications to City
4-Final Map Checklist
5-Resolution No. 8205 (1993 Series)
6—Ordinance No. 1245(1993 Series)
7-Notice of Requirements
1:\Council Agenda Report\Final Map approval—n134(Unit 1)
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RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2134 (Unit 1)
WHEREAS, the City Council made certain findings concerning Tract 2134, as contained
in Resolution No. 8205 (1993 Series), and
WHEREAS,Condition 2 of the aforesaid resolution requires the conditions of the
planned development rezoning for this property(P.D. 220-92),pursuant to Ordinance No. 1245
(1993 Series),to be conditions of development of the subject tract, and
WHEREAS,all pertinent conditions of the above-mentioned resolution and ordinance
have been met for this unit(Phase 1)by inclusion in the improvement plans and/or a"Notice of
Requirements"document, which will be recorded with the final map that discloses the
development requirements to be met under building permits, and
WHEREAS,Condition 32 of Resolution No. 8205 provides for reimbursement to the
subdivider for a share of the cost(2/3)of the Sacramento Dr. bridge and water main crossing the
bridge, and Condition 23 provides for reimbursement for any oversizing of the water main in
Sacramento Dr. above that needed to serve the subject properties or 8"diameter, whichever is
more, and
WHEREAS,all other conditions required per the aforesaid resolution for this unit of
Tract 2134 have been satisfactorily met or are guaranteed under the attached Subdivision
Agreement(Exhibit A)and sureties to guarantee Faithful Performance and payment for Labor&
Materials, as noted in the agreement.
NOW THEREFORE,BE IT RESOLVED that final map approval is hereby granted for
Tract No. 2134 (Unit 1) and the Mayor is authorized to: a)execute the Subdivision Agreement,
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Resolution No. (2000 Series)
Page Two
b) accept the four offsite dedication deeds for Sacramento Drive and Open Space Easement
Agreement, on behalf of the City. The deeds are to be recorded concurrently with the final map.
The Director of Public Works is hereby authorized to establish final reimbursement rates for the
bridge (including water main),based upon receipted bills and certified statement of cost
submitted by the subdivider,upon completion and acceptance of the improvements. Payments
already deposited with the City for this work,based on estimated rates, shall be paid to the
subdivider,upon completion and acceptance of the work. Reimbursement for`oversizing" of
the water main in Sacramento Dr.,if any, shall be determined by the Utilities Director,per City
Policy
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 —12000.
ATTEST: MAYOR Allen K Settle
CITY CLERK Lee Price
R D OFORM:
tO Y effrey G. Jorgensen:\Council Agenda eports\Fnal map approval resolution-Tract 2134(Unit 1)
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SUBDIVISION AGREEMENT
Tract 2134 Unit 1
THIS AGREEMENT is dated this day of 2000_by and
between Ground Zero, LLC., a California Limited Liability Company 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 the Final Map of Tract 2134 Unit 1, City of San Luis
Obispo, California, as approved by the City Council on the day of .2000
The Subdivider desires that said Tract No. 2134 Unit 1 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:
1. CURB, 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.
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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 Califomia.
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
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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 comers 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$ 560.000.00 which is
the amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the improvements arising from faulty workmanship oromaterials or defective
construction of said improvements occurring within twelve (12) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10%of the improvement security,that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
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
surety.
The Subdivider has deposited with the City a labor and materials bond in the
amount of 500/6 of the above described subdivision improvements ($280,000 in
accordance with State law .
Said Subdivider has paid an inspection fee of$ 35,332.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
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 bidders 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
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
WAdq0-&rhE effrey G. Jorgensen
APPROVED AS TO CONTENT
IC WO KS DIRECTOFY
Michael D. McCluskey
SUBDIVIDER
Ground Zero, L.L.C.,
a C ifomiainvite I' if ompany,
4 y: Robert K. Schiebelhut
anaging Meer
Date:
--3 7eK 1'rR'
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EXHIBIT 1
TRACT 2134 - Unit 1
SUBDMSION AGREMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $3 , 500 .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 that they have
completed the work and have been paid.
2 . Sewer lift station fees have been paid, as listed in the
attached EXHIBIT 2 .
3 . Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. Traffic impact and/or mitigation fees shall be paid at time of
building permits through the Community Development Department per
the fee schedule in effect at that time. The off site traffic
-mitigation measures listed in Ordinance 1245 (1993 Series)
Condition 3 shall be credited against said Traffic Impact Fees
with this Unit 1 of Tract 2134 .
5 . The Subdivider shall install landscaping in parkway areas and
riparian replacement areas and .be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements and make provisions for the adjacent
property owners to maintain such landscaping. .
-6 . The subdivider is responsible for installation of the culvert
and bridge and erosion protection, (including maintenance and
guarantee etc) per the .plans and current edition of city standard
specifications.
7 . The subdivider is has acquired all necessary offsite rights-
of-way acquisition per Condition 13 of Ordinance No. 1245 (1993
Series) .
8. Development of this tract shall be in accordance with the
Planned Development No. 220-92, adopted per Ordinance No. 1245
(1993 . Series)
9. The Subdivider has paid to the City the cost to install .the
final 1.5" pavement lift on Orcutt Road generally between
Sacramento Drive and the Union Pacific Railroad Right of Way. The
City shall install this final overlay/lift and final striping in
conjunction with the proposed city project anticipated in 2001.
10 . The required center median improvements shall be installed by
the City as full compensation for the additional 9 ft wide right-
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Y
EXHIBIT 1
TRACT 2134 - Uait 1
SUBDMSION AGREEMENT
1 . The Subdivider has deposited a monumentation guarantee in the
amount of $3, 500 .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 that they have
completed the work and have been paid.
2 . Sewer lift station fees have been paid, as listed in the
attached EXHIBIT 2 .
3 . Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4 . Traffic impact and/or mitigation fees shall be paid at time of
building permits through the Community Development Department per
the fee schedule in effect at that time. The off site traffic
mitigation measures listed in Ordinance 1245 (1993 Series)
Condition 3 shall be credited against said Traffic Impact Fees
with this Unit 1 of Tract 2134 .
5. The Subdivider shall install landscaping in parkway areas and
riparian replacement areas and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements and make provisions for the adjacent
property owners to maintain such landscaping.
6. The subdivider is responsible for installation of the culvert
and bridge and erosion protection, (including maintenance and
guarantee etc) per the plans and current edition of city standard
specifications.
7. The subdivider is has acquired all necessary offsite rights-
of-way acquisition per Condition 13 of Ordinance No. 1245 (1993
Series) .
8. Development of this tract shall be in accordance with the
Planned Development No. 220-92, adopted per Ordinance No. 1245
(1993 Series)
9 . The Subdivider has paid to the City the cost to install the
final 1.59 pavement lift on Orcutt Road generally between
Sacramento Drive and the Union Pacific Railroad Right of Way. The
City shall install this final overlay/lift and final striping in
conjunction with the proposed city project anticipated in 2001.
10: The required center median improvements shall be installed by
the City as full compensation for the additional 9 ft wide right-
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Exhibit 1
Subdivision Agreement
Tract 2134, unit 1
Page Two
of-way being dedicated on the final map per conditions 6 & 7 of
Resolution 8205 (.1993 Series)
11. The subdivider shall be entitled to reimbursement for
excessive costs incurred to install the major bridge (or free
span arch) , and water main within the bridge/arch limits at the
southwest corner of the tract in order to extend Sacramento Drive
to Orcutt Road.
The reimbursement will be based on costs in excess of the
developer's responsibility of 20/60 (33 .33%) of the. final cost
for the work, excluding base, . pavement, sidewalks and railings, .
water main within the area of the bridge/culvert and other
utilities, in accordance with provisions of Municipal Code
Section 16 .44. 09 1.. Such reimbursements shall be paid to the
subdivider only when and if prorated shares are collected from
the developers of new projects which benefit from this
improvement, as determined by the City Engineer, and subject to
an agreement, as prescribed in said regulations .
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EXHIBIT 2
TRACT 2134 Unit 1
Orcutt/Sacramento
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $560, 000 Bond # 7/07/
Labor & Materials $280, 000 Bond # 3/ar/;z O&V
(50% of total cost of improvements)
Monument Guarantee $3, 500 CD # 1535866151 02/14/2000
H.B.
Erosion Contingency $7, 500 (Need plan) ; p37aoa
Fees:
Map Check Fee $929 8/07/98
H.B.
Plan check Fee $5, 391 8/07/98
H.B.
Inspection Fee $35,332 3/06/2000
Sewer Lift Station Fee
(Tank Farm) $4, 143 .83 3/06/,2
($131.55 X 3 X 10 .5 Acres)
Pavement overlay fee $i!9-1001410 Pa?,/;Zpoa ,
Water and Sewer & Traffic Impact and/or Mitigation Fees
(Due in conjunction with Building Permits)
Credit for Mitigation Fees to be applied to Unit 1 only.
T2134 Subdivision Agreemen
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RECORDING REQUESTED BY:
Fidelity National Title Company
Escrow No.
Title Order No. 1 13463-DH
When Recorded Mail Document
and Tax Statement To:
City of San Luis Obispo
San Luis Obispo, Ca.
tn. EASEMENT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declares)
Documentary transfer tax is $0.00 City Transfer Tax $0.00
[ 1 computed on full value of property conveyed, or
[ 1 computed on full value less value of liens or encumbrances remaining at time of sale,
1 Unincorporated Area City of San Luis Obispo
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Joanne A..Burke
hereby GRANT(S) to The City of San Luis.Obispo and the Public in General
the following described real property in the City of San Luis Obispo
County of San Luis Obispo, State of California:
An offer for dedication for an easement for public street purposes as shown on EXHIBIT"A"ATTACHED HERETO AND
MADE A PART HEREOF
DATED: January 19, 2000 2
STATE OF CALIFORNIA
COUNTY OFI�� .CL[/S /� J nne A. Burke
ON before me,
6 personally appeared
� � S�iG[s�K�•
e (or proved to me on the basis
of satisfactory evidence) to. be the person(s) whose
name(s)eare subscribed to the within instrument and
acknowledged to me that he/they executed the
same in,4i,sitlotheir authorized capacity(ies), and that q
by his/Wtheir signature(s) on the instrument the C Notar�r 4person(s), or the entity upon behalf of which the Cdtfornf,
person(s) acted, executed the instrument. II LUIS ISPO C4111101
OrWL tel{1! ' at. 101
Witness my d and officials al.
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE
FD-213 (Rev 9/94) GRANT DEED
Exhibit"A"
Legal Description
A portion of the San Luis Obispo and Santa Maria Valley Railroad right-of-way in the City of San Luis
Obispo,County of San Luis Obispo, State of California, according to the Grant of Right-of-Way, filed in
book"O",page 491 of Deeds in the office of the recorder for said County,more particularly described as
follows:
Beginning at a brass pin in city standard monument well,at the intersection of the centerline of
Sacramento Drive with the northerly boundary of Tract No. 575,as shown on the map entitled"Map of
Tract No.575,Tres Hermans Park"as filed in book 9 at page 16 of Maps in the office of the Recorder
for said County,from which a brass pin in monument well at the intersection of Sacramento Drive and
Via Esteban,bears South 46 Degrees 04 Minutes 41 Seconds East, 157.10 meters,and said point of
beginning is accepted as being on the northeasterly prolongation of the northwesterly line of the land
described in the deed to Herbert C. S.Jones,et.ux.as recorded Oct. 31, 1947,filed in book 461,at page 7
of Official Records in the office of the recorder for said County;
Thence,along said northeasterly prolongation of the northwesterly line of the land conveyed to Herbert C.
S.Jones,et.ux.,North 23 Degrees 50 Minutes 19 Seconds East,9.735 meters to a point on the
northeasterly boundary of said San Luis Obispo and Santa Maria Valley Railroad right-of-way;
Thence,along said northeasterly boundary of the said San Luis Obispo and Santa Maria Valley Railroad
right-of-way,South 46 Degrees 04 Minutes 41 Seconds East,5.885 meters to the said northerly boundary
of Tract No. 575;
Thence,along the said northerly boundary of Tract No. 575 South 59 Degrees 27 Minutes 36 Seconds
West,9.490 meters to the point of beginning.As shown on the exhibit map attached hereto and made a
part hereof.
Containing 26.90 Square Meters/0.00269 Hectares
End Description
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George Marc o, S 6964(license expiration 9/30/01) Op CAL�FpQ`
Date: /Z DO
C9-12
FAPROA I 997\970938\SURVEY\LEGA L\LcgaIBURKE.doc
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I 1 P.U.E. PER TRACT 2134
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11 �S,o OF—WAY PER TRACT 2134
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THE NORTHWESTERLY LINE OF JONES' ACACIA CREEK, LLC.
PROPERTY LINE PER 461/OR/07 DOC# 1997-024929 \
�/ 461/OR/07
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NOTE: ALL DIMENSIONS SHOWN HEREON ARE METRIC UNITS.
E)HBIT 'B'
A PORTION OF THE SAN LUIS OBISPO AND SANTA MARIA VALLEY RAILROAD RIGHT-OF-
M "=on WAY IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE GRANT OF RIGHT-OF-WAY, FILED IN BOOK 0, PAGE
ASSOCIATES 491 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
"64 Pocific Street LEGEND
n Luis Obispo, CA • FOUND BRASS PIN IN MONUMENT WELL
(805) 544-7407 PER TRACT No. 575
-- CENTERLINE o s 10
--- RIGHT OF WAY
PROPERTY BOUNDARY
-—————- EASEMENT BOUNDARY :300
r -
Recording Requested By:
FIDELITY NATIONAL TITLE
#113463-A
When Recorded Mail To:
Richardson Properties
1042 Pacific Street
San Luis Obispo, Ca. 93401
CONSM OF LIENNOLDZR
AID SUBORDINATION OF LIEN
Alliance Mortgage Company, the undersigned benificiary(ies) under
that certain Deed of Trust executed by Vincent R. Pando and Delores
Deene PAsdo, Trustor, recorded July 31, 1985 as Instrument No.
042588 in Book 2733, Page 551 of Official Records, in the .County of
San Luis Obispo, State of California, does hereby consent to the
execution and recordation of the Easement Deed and offer of
dedication in favor of The City of San Luis Obispo and the Public in
General recorded concurrently herewith on . , 2000 as
Instrument No. to the same extent and the same
force and effect as it saiff Easement Deed had been executed and
recorded prior to the execution and recordation of said Deed of
Trust. (Section 11018 .5 (c) of the Business & Professional Code) .
In WITNESS WHEREOF, the undersigned have executed this consent and
subordination this /0 day of Y7U . 2000.
BffiQBFIC Y(IES) IG TURES:
6Q�Cr
By: By:
C�':-120 n1 S. U2� �►-�i .
Title: Sr. Vice President Title: Asst. Vice President
.•„s0,0
? 'y�
s:
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STATE OF California
COUNTY OF San Luis Obispo
On January 10, 2000 before me, A. Parkinson
(Name, Title of Officer)
personally appeared Carolyn S. Cragg and Angie B. Roberts
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
fOMM
NMPLOW•0�Il dI
Sle 061MOMM
wco=e .r�1.2000
.(Signature Notary Public)
(This area'for notarial seal)
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RECORDING REQUESTED BY:
Fidelity National Title Company
Escrow No.
Title Order No. 1 13463-DH
When Recorded Mail Document
and Tax Statement To:
City of San Luis Obispo
San Luis Obispo, Ca.
EASEMENT DEED SPACE ABOVE THIS UNE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
Documentary transfer tax is $0.00 City Transfer Tax $0.00
[X ) computed on full value of property conveyed, or
[ 1 computed on full value less value of liens or encumbrances remaining at time of sale,
[ 1 Unincorporated Area City of San Luis Obispo
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John C. Anderson and Eva Mae
Anderson, husband and wife, as community property
hereby GRANT(S) to The City of San Luis Obispo and the Public in General
the following described real property in the City of San Luis Obispo
County of San Luis Obispo, State of California:
An offer for dedication for an easement for public street purposes as shown on EXHIBIT"A" ATTACHED HERETO A"'^
MADE A PART HEREOF
DATED: January 4, 2000
STATE OF CALIFORNI -- __�ll
COUNTY OF + hn C. Anderson
O -� --%DVZ!:;7 before me, ,
DersG ally appeare4U'ej
d
G ' '
v Sd/- - ^•-`'�'1� Eva Mae Anderson
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and A KMNMN
acknowledged to me that he/she/they executed the coh"m
same in his/her/their authorized capacity(ies), and that MMMKIBLIC-MA]
by his/her/their signature(s) on the instrument the SPIN WIS•OBISPIDUM T
person(s), or the entity upon behalf of which theme'
person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE rn 1
FD-213 (Rev 9/94) GRANT DEED
Ezhibit"A"
Legal Description
A portion of Lot 88 of the San Luis Obispo Suburban Tract,in the City and County of San Luis Obispo,
State of California,as designated on the map entitled,"Map of the subdivisions of the San Luis Obispo
Suburban Tract",filed February 7", 1906 in Book 1,at Page 92 of Licensed Surveys with the Recorder
for said County;being all that portion of the property conveyed to John C.Anderson and Eva Mae
Anderson,by Grant Deed recorded Aug.02, 1994,filed as Document Number. 1994-045819 of Official
Records in the.office of the Recorder for said County,lying northeasterly of the following described lime:
Commencing at a brass pin in city standard monument well,at the intersection of the centerline of
Sacramento Drive with the northerly boundary of Tract No.575,as shown on the map entitled,"Map of
Tract No.575,Tres Hermans Parr'as filed in Book 9,at Page 16 of Maps in the office of the Recorder
for said County,from which a brass pin in monument well at the intersection of Sacramento Drive and
Via E,staban,bears South 46 Degrees 04 Minutes 41 Seconds East, 157.10 meters;
Thence,South 23 Degrees 50 Minutes 19 Seconds West,9.74 meters to a point on the southwesterly
boundary of the San Luis Obispo and Santa Maria Valley Railroad right-of-way according to the Grant of
Right-0f-Way,filed in Book"O",Page 491 of Deeds in the office of the Recorder for said County,and
being the most easterly comer of said property conveyed to the Andersons;
Thence,leaving said southwesterly boundary of the San Luis Obispo and'Santa Maria Valley Railroad
right-of-way,along the southeasterly lime of said property conveyed to the Andersons,South 23 Degrees
50 Minutes 19 Seconds West,3.15 meters to the True Point of Beginning;
Thence,leaving said southerly line,and across said property conveyed to the Andersons,along a line
parallel with and offset 10.00 feet southwesterly at right angles from said southwesterly boundary of the
San Luis Obispo and Santa Maria Valley Railroad right-0f--way,North 46 Degrees 04 Minutes 41
Seconds West,4.64 meters;
Thence,tangent to the last lime and converging toward said southwesterly boundary of the San Luis
Obispo and Santa Maria Valley Railroad right-0f-way,along a curve to the right,with a radius of 67.06
meters,through a central angle of 04 Degrees 45 Minutes 20 Seconds,an arc length of 5.56 meters to a
terminus at the northwesterly line of said property conveyed to the Andersons.
Containing 28.03 Square Meters/0.003 Hectares
End Description
lip HU
Prepared by: c eyn
Daniel S.Hutchinson,L 5139(license expiration 6/30/03) * NO. 5139. z #
Date:
97093&'Lcp Andmwn
C9-17
0
rLb
0
ls) P.U.E. PER TRACT 2134
SACRAMENTO DRIVE RIGHT-
OF-WAY PER TRACT 2134
TRACT No.575
\ POINT OF COMMENCEMENT
OQ�`
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�9 DOC# 1997-024929
461l OR/07 \.
NOTE: ALL DIMENSIONS SHOWN HEREON ARE METRIC UNITS. \
EXHIBIT •B•
A PORTION OF LOT 88, ACCORDING TO THAT MAP ENTITLED
; MAP OF THE SUBDIVISION OF THE SAN LUIS OBISPO SUBURBAN
A S 5 O[I A T E 5 TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS FILED IN BOOK 1 AT
PAGE 92, IN THE OFFICE OF THE RECORDER FOR SAID COUNTY
364 Pacific Street LECIEND
San Luis Obispo, CA • FOUND BRASS PIN IN MONUMENT WELL
(805) 544-7407 PER TRACT No. 575
- . CENTERLINE 0 5 10
--- RIGHT OF WAY
PROPERTY BOUNDARY _
-------- EASEMENT BOUNDARY
: 300
970938\E%-1994-045819.DWG 1 OF 1 06/17/9!
1
RECORDING REQUESTED BY:
Fidelity National Title Company
Escrow No.
Title Order No. 113463-DH
When Recorded Mail Document
and Tax Statement To:
City of San Luis Obispo
San Luis Obispo, Ca.
APN: 053-221-029 EASEMENT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s).
Documentary transfer tax is $0.00 City Transfer Tax $0.00
]X ] computed on full value of property conveyed, or
] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated Area City of San Luis Obispo
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Donald H.Valley and Diana M.Valley,
husband and wife, as joint tenants
hereby GRANT(S) to The City of San Luis Obispo and the Public in General
the following described real property in the City of San Luis Obispo
County of San Luis Obispo, State of California:
An offer dedication for an easement for public street purposes as shown on EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF
DATED: January 4, 2000
STATE OF CALIFORNIA
COUNTY OF SA" LUIS 0131ST-t'i 4nald H. Valley
ON JAW I"I� 5=0 before me, c
14fiz[STEN 0. E3 NT6 personally appeared
�Lb Ll) 11, v 4 tL aq lei Ifk,
.77s - ) &tLi-Ey biane M. Valley-
personally
leypersonally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, a ecuted the instrument.
Witness my h and official seal.
IUtS?EN Ml BUNTE
Ce"VnWisn/1167/15
Signatur Z Moldy Public-Coraomio
San L11r otopo County
mpCAMm.bphnJam 1.2002
commissrorl�u�als
MAIL TAX STATEMENTS AS DIRECTED ABOVE ^n
FD-213 (Rev 9/94) GRANT DEED
Exhibit"A"
Legal Description
A portion of the San Luis Obispo and Santa Maria Valley Railroad right-of-way in the City of San Luis
Obispo,County of San Luis Obispo,State of California,according to the Grant of Right-0f-Way,filed in
book"O",page 491 of Deeds in the office of the recorder for said County,more particularly described as
follows:
Beginning at a brass pin in city standard monument well,at the intersection of the centerline of
Sacramento Drive with the northerly boundary of Tract No.575,as shown on the map entitled"Map of
Tact No.575,Tres Hermanos Park"as filed in book 9 at page 16 of Maps in the office of the Recorder for
said County, from which a brass pin in monument well at the intersection of Sacramento Drive and Via
Estaban,bears South 46 Degrees 04 Minutes 41 Seconds Fast, 157.10 meters,and said point of beginning .
is accepted as being on the northeasterly prolongation of the northwesterly line of the land described in
the deed to Herbert C.S.Jones,et.ux.as recorded Oct.319 19479 filed in book 461,at page 7 of Official
Records in the office of the recorder for said County,
Thence,along said northeasterly prolongation of the northwesterly line of the land conveyed to Herbert C.
S.Jones,et.ux.,South 23 Degrees 50 Minutes 19 Seconds West,9.74 meters to a point on the
southwesterly boundary of said San Luis Obispo and Santa Maria Valley Raihoad right-of-way,
Thence,along said southwesterly boundary of the San.Luis Obispo and Santa Maria Valley Railroad
right-of--way,North 46 Degrees 04 Minutes 41 Seconds West,2350 meters to the beginning of a non-
tangent crave,from which a radial line bears North 61 Degrees 15 Minutes 49 Seconds East;
Thence,leaving said southwesterly boundary of the San Luis Obispo and Santa Maria Valley Railroad
right-of-way,northwesterly along a curve to the right with a radius of 67.06 meters,through a central
angle of 29 Degrees 40 Minutes 04 Seconds,an are length of 34.72 meters,to an apex with the
northeasterly boundary of said San Luis Obispo and Santa Maria Valley Railroad right-of-way;
Thence,non-tangent along said northeasterly boundary of the San Luis Obispo and Santa Maria Valley
Railroad right-of-way,South 46 Degrees 04 Minutes 41 Seconds East,45.88 meters,to the intersection
with said northeasterly prolongation of the northwesterly line of said land described in the deed to Jones;
Thence,along said northeasterly prolongation of the northwesterly line of said land described to Jones,
South 23 Degrees 50 Minutes 19 Seconds West,9.74 meters,to the point of beginning.
Containing 685.6 Square Meters/0.068 Hectares
End Description
�oNjaw So,,`5. yur yF,.
V � y OPrepared b3r %tix) IAU �
2 cn
Daniel S. on,LS 5139(license expimtion.6/30/03) . . N0. 5139
\Q'
J?9lF OF CA�1E���
Date: IaAC9-20
VCp�, b/- •ry//
p��
qP
3.000,
P.U.E. PER TRACT 2134
C320p 80
-- S89'04'07"E — I I� '— j 18.280
(RAD.) I\ I �.
I SACRAMENTO DRIVE RIGHT-
:. \\ �0�,� I OF-WAY PER TRACT 2134
I
1
I.ar. .............�. Ik0
rl. T 11
�O
�0.......:....... ..............\ \
�0 ............ .. . .. \\
\' \
t \
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0q 0
7.% S
�\ \qs .9� O$`�v
10 0 5 10
OCP \Fq
Ae
1 :500 .�°' .yo \�s
THE NORTHWESTERLY LINE OF JONES' N � v� \\�
PROPERTY LINE PER 461/OR/07�_
"7wU
NOR ALL 00Q1151016 SSN" XOIEON ARE MUM Y1015. rU 07 ` \\•tib
EXHIBIT'B'
A PORTION OF LOT 88, ACCORDING TO THAT MAP ENTITLED
r�
M '=on MAP OF THE SUBDIVISION OF THE SAN LUIS OBISPO SUBURBAN
ASSOCIATES TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS FILED IN BOOK 1 AT
PAGE 92, IN THE OFFICE OF THE RECORDER FOR SAID COUNTY
94 Pacific Street LMEND
I Luis Obispo, CA • FOUND BRASS PIN IN MONUMENT WELL
(805) 544-7407 PER TRACT No. 575
— — CENTERLINE
--- RIGHT OF WAY
PROPERTY BOUNDARY (11��♦
------- EASEMENT BOUNDARY 7 1
u�o Dram a,
Recording Requested By:
FIDELITY NATIONAL TITLE
#113463-DH
When Recorded Mail To:
San Luis Trust Bank
1316 Broad Street
San Luis Obispo, Ca. 93401
CONSENT OF LIENHOLDER
AND SUBORDINATION OF LIEN
San Luis Trust Bank, the undersigned benificiary(ies) under that
certain Deed of Trust executed by Donald H. Valley and Diane M.
Valley, Trustor, recorded November 24, 1999, as Instrument No.
1999-082767 of Official Records, in the County of San Luis Obispo,
State of California, does hereby consent to the execution and
recordation of the Easement Deed and offer of dedication in favor of
The City of San Luis Obispo and the Public in General recorded
concurrently herewith on , 2000 as Instrument No.
to the same extent and witi�me force and effect as if sa�—
Easement Deed had been executed and recorded prior to the execution
and recordation of said Deed of Trust. (Section 11018 .5 (c) of the
Business & Professional Code) .
In WITNESS WHEREOF, t e undersigned have executed executed this consent and
subordination this day of �6d—, 2000.
BENEFICIARY(IES) SIGNATURES:
San Luis Trust Bank
By By:
y� �-tes� "
Title: �f� Title: " "�I"
Vl<& P �
C9-22
CALIFORNIA ALL- PLa&POSE ACKNOWLEDGEMEW
FState of (Fop-N I
County of S AYU Lu t S 031V0
On I '1 / 00 before me, _jZ,J M OS Q ky. L k r12-
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared C IZ I L 3' W F L L g �, 'r3 2 vA—QLc� L gGIA
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to be on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized
QR.J. M05BRUCKER capacity(ies), and that by his/her/their signature(s) on
Comm. X1183012
alifor
Notary Publ i C ;e the instrument the person(s), or the entity upon behalf
Snia
AN LUIS OB15V0 COUNTY " of which the person(s) acted, executed the instrument.
NI cm.
Egim Jm,e S. 2002
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
(NA SP PUT irr- µc,L, [h 6p--
JnE ORTYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED � 9 Qj IL DD I tj (771
UOV
❑ GENERAL
❑ ATTORNEY-IN-FACT 1
❑ TRUSTEE(S) NUMBER OF PAGES
❑ GUARDIAWCONSERVATOR
❑ OTHER: c
� I l loo
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) ,^ `
1V
SIGNER(§)OTHER THAN NAMED ABOVE
rm 15(vea)
city of sang as OBispo
FINAL MAP APPROVAL CHECKLIST
PROJECTNAME (71*W(/77- KO/WOV �it�C/2l�1��i1110 ���f�/GSZGjG (/T )
DESCRIPTION QIfl-l�1_Cf4'4 e 4073 �'f',5/�ef0�e
MAP NUMBER U347 SPECIFIC PLAN REZONING F0 ZZ(1 Z GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
p DESCRIPTION INITIAL ' DATE COMMENTS
1 GRADING Including planting &retaining walls YOZ16t, 6k"Mel& FOR Ai
2 STORM DRAINS A DRAINAGE STRUCTURES 4 ON L-ftVS —Awrs 13 SU eg./9r4-
3 SEWERS&SERVICES pwkeeo It If
If rr to
4 WATERLINES A SERVICES rt• tc rr ;r c t
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters ? y tc t r r, t r to
Sidewalks 3 y rew rr of tc cr to
Driveways cc cc t, tc 1 r
7 STREETS&PAVING
Pavement 3 c! tr r• ,t cr rr
Signing,striping and curb painting oa t, of t. C r.
6 NON-CITY UTILITIES
P.G.&.E. — Electrical9,dy„ I. r. t c r c r r
Street Lights W., cc If It tc to
Cable TV Z14 4 re tc rc t r
Telephone Co. tr If to (f
Gas Company rr rr
9 FEES RECEIVED(Nater,Sewer) � ,� ,r r, t, ..
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION / ev. If r, 'e tI rr
13 STREET TREES oe" r, r, to of It
14 OFFSITE WORK ii
15 BONDIGUARANTEE deposited Fet!
tr rt rr rt r,
16 PARK dedication or In4leu fees
17 1 Deposit Account Status f p?ea
OTHER CONDITIONS
18
19 Planning Commission V
20 Arch"AMUFAI Review ea i !sale
21 City Council y-
22
22 Abaodcnmeats
23 1 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVA
52-e1 PUBLIC 1 APPROVAL
RESOLUTION NO. 8205 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI��O
GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. •2134.
LOCATED AT 953 ORCUTT ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative
map of')Tact 2134 and the Planning Commission's recommendations, staff recommendations,
and reports thereof, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in the
M-PD zone.
3. The design of the subdivision is 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 will not conflict with easements for access through (or
use of property within) the proposed subdivision.
5. The proposed project has been granted a negative declaration of environmental impact
based on various mitigation measures being incorporated into the project, as identified
in the ordinance approving Planned Development Rezoning PD 220-92.
SECTION 2. Conditions. The approval of the tentative map for Tract 2134 is
subject to the following conditions:
1. Subdivider shall obtain approval of rezoning application PD 220-92.
2. This vesting map shall confer a vested right to proceed with development in
accordance with the ordinances, policies and standards described in Section 66474.2
of the Subdivision Map Act, and including all provisions of the ordinance approving
Planned Development Rezoning PD 220-92. Environmental impact mitigation
measures identified in the ordinance approving Planned Development Rezoning PD
220-92 shall be conditions of approval of this vesting tentative map.
C9-25
Resolution No. 8205 (1993 Series)
Tract 2134
Page 2
3. Phase H of the development will require the public street to extend to at least the
southerly driveway serving building #4. This is subject to change if the developer
changes the phasing proposed.
4. The extended public street will be named Sacramento Drive.
5. A common driveway/maintenance agreement.is necessary for common parking areas.
Frontage Improvements
6. Subdivider shall install the required Orcutt Road frontage improvements (curbs,
gutters, 4' detached sidewalk, including culverts and parkway landscaping, at the
ultimate alignment established by the City Council (110 ft R/W), to the satisfaction of
the City Engineer.
Subdivider shall install necessary pavement, signing and striping to accommodate left
turn pockets for both directions and necessary transitions at both ends of his project,
to the satisfaction of the City Engineer.
Subdivider shall pay to the City, the cost of additional remaining Orcutt Road
pavement to accommodate the ultimate street section (to be included in a future City
project), to the satisfaction of the City Engineer.
7. City will pay for additional Orcutt Rd. R/W dedication (indicated on the tentative
map). The amount shall be negotiated between the property owner (or his
representative) and the City and shall be based on fair market value.
8. Access rights along Orcutt Rd. shall be dedicated to the City.
9. The subdivider shall dedicate a 10' wide (minimum) public utility easement and 10'
wide street tree easement along all public street frontages, to the satisfaction of the
City Engineer and public utility companies.
10. The proposed public street shall be designed as a 60' R/W with 44' curb to curb, 8'
parkways with 6' wide integral sidewalks. Pavement/base section shall be designed
with a TI=8 (decorative pavement in the public R/W will not be permitted). A
bicycle lane shall be provided on each side of the street, and parking shall be
prohibited on the west side of the street. The bridge section shall include two 12 foot
driving lanes, two 5 foot bike lanes, and an 8 foot sidewalk on one side. Upon
connection to Sacramento Dr., the roadway shall transition to meet the existing curb
alignment of Sacramento Dr., to the satisfaction of the City Engineer. The street
C9-26
Resolution No. 8205 (1993 Series)
Tract 2134
Page 3
profile and building sites shall be designed to accommodate the existing grades of
Orcutt Rd. and the future grade changes required for the railroad overpass.
11. A median island in the new street will not be permitted.
12. Phasing of the construction of the public street shall provide for the ultimate street
section and pavement life (per the City's Pavement Management Plan) at the end of
the phase III. The subdivider's engineer shall include this requirement in the public
improvement plans, to the satisfaction of the City Engineer.
13. Driveway ramps(or alley-type entrances with minimum radii of 30') shall be
constructed per City standards in lieu of the street type driveways .proposed, to the
satisfaction of the City Engineer.
14. . The subdivider shall construct a bus stop on Orcutt Rd (shelter, signing, trash
receptacle, etc...), on the southerly side of Orcutt Rd and westerly of the new street,
to the satisfaction of the City Engineer.
15. The subdivider shall install street lighting per City standards, including off-site street '
lighting along roadways leading to and from the proposed development, to the
satisfaction of the City Engineer.
Street Trees
16. Street trees are required to be planted per City Standards (the numbet.of trees are
determined by one tree required for each 35 linear feet of street frontage) at the time
of lot developments. An exception shall be for any trees required as part of
mitigation measures established by the Dept. of Fish & Game. In no case, shall any
tree be planted in a.location which may be in conflict with any earth fill, retaining
walls, etc...associated with a future railroad overpass. Species; As determined by the
City Arborist.
Water, Sewer & Utilities
17. Construction of the public sewer main through to the Sacramento Drive sewer main
must occur as part of phase I of the development (including any necessary
improvements required to cross the creeks).
18. Any sewer mains outside of dedicated public right-of-way shall be privately owned
and maintained by the property owner's association.
C9-27
Resolution No. 8205 (1993 Series)
Tract 2134
Page 4
19. Sewer lift station charges are required to be paid prior to recordation of the final map
as determined by the City Engineer and Utilities Engineer. ($4,143.83) Fees can be
incrementally paid with each phase of the development at the time of building permit
issuance subject to the approval of the City Engineer and Finance Director.
20. The final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) are subject to change to the satisfaction of the City
Engineer and Utilities Engineer.
21. The subdivider shall dedicate an easement for the public water system over all parking
areas (including planters and raised medians) within lots 3-7, to the satisfaction of the
City Engineer and Utilities Engineer. The easement is for operation, maintenance,
repair, and replacement of the public water distribution system.
22. The proposed looped on-site water main, service laterals and meters (serving lots 3 -
6) shall be an extension of the public water system. The 8" dead-end water line
between lot 5 and lot 6 shall be privately owned and maintained.
23. The public water main may be phased with the approval of the Fire Department with
regards to required fire flows. The City will participate in any line upsizing of public
water mains (increases above the size required to provide fire flow or the City's 8" '
minimum, whichever is larger).
24. The public street must be constructed through to Sacramento Drive as part of phase 3.
25. Water services, water meters and fire lines serving lot 7 shall be connected to the
water main in the new public street, not from the on-site water main.
26. The subdivider shall underground all existing overhead utilities along the southerly
property frontage of Orcutt Rd, to the satisfaction of the City Engineer and utility
companies.
Site, Grading & Drainage
27. All bridging or other modifications to the existing creek channels must be in
compliance with the City's Flood Management Policy Book (specifically regarding
clear spanning of creeks, etc...) and approved by the City Engineer, Corp of
Engineers and Fish & Game and must meet City standards and policies. The crossing
of the southerly creek channel for the connection.to Sacramento Drive shall be
designed as a bridge or free span arch. No pipe culverting of this channel shall be
allowed.
C9-28
Resolution No. 8205 (1993 Series)
Tract 2134
Page 5
28. Clearing of existing creek and drainage channels, including any tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the City
Engineer and the Dept. of Fish & Game.
29. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the City Engineer.
Traffic
30. Traffic impact fees listed as a condition in the Ordinance rezoning the property to M-
PD (PD 220-92) shall be paid prior to issuance of building permits for Phase I.
31. The City is expected to adopt a new traffic impact fee ordinance sometime in 1993.
That ordinance may impose additional traffic fees, and/or may allow credit for fees
itemized above.
32. The subdivider shall be entitled to reimbursement for excessive costs incurred to
install the major bridge.(or free span arch), and water main within the bridge/arch
limits at the southwest corner of the tract in order to eztend.Sacramento Drive to
Orcutt Road.
The reimbursement will be based on costs in excess of the developer's responsibility
of 20/60 (33.33%) of the final cost for the work, excludin base, pavement,
sidewalks and railings, water main within the area of the bridgelculvert and other
utilities, in accordance with provisions of Municipal Code Section 16.44.091. Such
reimbursements shall be paid to the subdivider only when and if prorated shares are
collected from the developers of new projects which benefit from this improvement,
as determined by the.City Engineer, and subject to an agreement, as prescribed in
said regulations.
Other.
33. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc...,
shall be tied to the City's control network. At least two control points shall be used
and a tab of the coordinates shall be submitted with the final map or parcel
map. 5=1 4" diameter computer floppy disk, containing the appropriate data for use
in aut Geographic Information System (GIS) purposes, is also required to be
submi to the City Engineer.
4A
l�
`� v c9-z9
Resolution No. 8205 (1993 Series)
Tract 2134
Page 6
On motion of Council Member Romero , seconded by Council Member
Rappa , and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 31st day of August , 1993.
Mayor p g Pinard
ATTEST:
c
i lerk Dian R. G1 ell
c
APPROVED:
ttor e
C9-30
ORDINANCE NO. 1245 (1993 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING
REGULATIONS MAP TO CREATE AN OFFICE/INDUSTRIAL PARK ON AN 11.75
ACRE PARCEL ON THE SOUTH SIDE OF ORCUTT ROAD, WEST OF THE
SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY FROM M TO M-PD
(APPLICATION PD 220-92)
WHEREAS, the City Council has held a hearing to consider the planned
development request PD 220-92; and
WHEREAS, the City Council makes the following findings;
1. The planned development will provides facilities or amenities suited to a particular
occupancy group which would not be feasible under conventional zoning, specifically an
officerindustrial park incorporating auxiliary uses.
2. Features of the proposed design achieve the intent of conventional standards (privacy,
usable open space, adequate parking, compatibility with neighborhood character, and so
on) as well as or better than the standards themselves.
3. The project will be compatible with existing and allowed land uses in the area.
4. The project will not direct traffic to residential areas.
5. The project will provide adequate mitigation to address potential impacts related to noise,
light and glare, and loss of privacy, among others, imposed by commercial activities on
nearby residential areas.
6. The project does not preclude industrial or service commercial uses in areas especially
suited for such uses when compared with offices.
7. The project does not create a shortage of C-S and M zoned land available for service
commercial or industrial development.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development preliminary map PD 220-92 is hereby approved
subject to the following conditions: (*Indicates environmental impact mitigation measure)
C9-3.1245
Ordinance No. 1245 (1993 Series)
Planned Development Rezoning PD 220-92
Page 2
1.* Applicant shall dedicate on-site portions of right of way for Sacramento Drive extension
in conjunction with fust phase of the project.
2.* Emergency access shall be provided to each building in accordance with City standards
and to the approval of the Fire Marshal.
3.* Applicant shall pay fees to fund pro-rata shares of the following off-site traffic mitigation
measures:
a. Orcutt Road/Southern Pacific Railroad over-crossing: $63,320.
b. Orcutt Road/Laurel Lane traffic signal and intersection modifications: $3,835.
C. Broad Street/Capitolio Way traffic signal: $7,127.
Fees can be incrementally paid with each phase of the development at the time of
building permit issuance subject to the approval of the City Engineer and Finance
Director.
4.* -The applicant shall prepare and implement a trip reduction plan approved by the
Community Development Director. The applicant shall create a property owners'
association which shall be empowered and required to implement the plan on a continuing
basis.
5*. Trip reduction measures shall include provision of facilities for the use of employees
who commute by bicycle, to the approval of the Community Development Director. At
a minimum, facilities shall include:
- Secure weatherproof bicycle storage.
- Plumbing stub-outs for shower and locker room facilities at each building.
6.* Building 3 shall not be included in a phase which precedes construction of the
Sacramento Drive extension to Orcutt Road.
7.* Applicant shall complete all site grading and other construction activities in accordance
with a particulate emission mitigation plan, to the approval of the APCD and Community
Development Director.
C9-32
Ordinance No. 1245 (1993 Series)
Planned Development Rezoning PD 220-92
Page 3
8.* The subdivider shall provide the City Engineer with a detailed grading and drainage plan
and hydraulic analysis which indicates the effects of the proposed development on
adjacent and downstream properties.
The analysis must address the existing public and private drainage facilities and creek
capacities in order to meet City standards, and to avoid increased potential flooding
downstream. Otherwise, detention facilities n,av be required as a condition of building
permits, to the satisfaction of the Crty Engineer m accorce withoun r
Area Specific Plan runage aster an.
The analysis shall also identify any areas within the project subject to inundation during
a 100-yr storm. Any lots subject to flooding during a 100-yr storm shall be graded to
provide minimum pad elevations at least 1 foot above the 100-yr storm elevation, to the
satisfaction of the City Engineer. The areas subject to flooding shall be noted on the
final map.
If the hydrology study identifies area subject to flooding which are not shown on the
current Flood Insurance Rate Map, or, are in conflict with said map, the subdivider shall
process and complete a Federal Emergency Management Agency Letter of Map
Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
the development, to the satisfaction of the City Engineer.
9.* The applicant shall obtain the General Construction Activity Storm Water Permit required
by the Environmental Protection Agency, and shall comply with all requirements of that
permit. Applicant shall comply with all requirements of City grading regulations
regarding erosion control measures.
10.* Applicant shall expand and enhance existing riparian habitat areas found on the site, in
accordance with a plan approved by the State Department of Fish and Game, the City
Engineer, and the Community Development Director. The plan shall be prepared by a
landscape architect or biologist experienced in the area of riparian habitat restoration, and
shall include the following measures:
a. The plan shall provide for no net loss of extent or quality of riparian habitat on
the project site and adjoining sites affected by off-site improvements for the
project.
b. The plan shall establish a minimum creek setback line for the westerly and
southerly channels. The setback line shall correspond to the edge of existing
C9-33
Ordinance No. 1245 (1993 Series)
Planned Development Rezoning PD 220-92
Page 5
b. Halting of construction activities if archaeological resources are discovered during
construction.
C. Implementation of a preservation plan prepared by a qualified archaeologist and
approved by the Community Development Director if significant archaeological
resources are discovered.
12. Applicant shall provide sand and oil interceptors in parking lot drainage systems, to the .
approval of the City Engineer.
13. Applicant shall exhaust all avenues available to implement dedication of off-site right of
way needed for extension of Sacramento Drive from its present terminus, to connect to
Orcutt Road. Dedication shall include sufficient land or easement area to include
"Wetland Habitat Replacement Zone 4", as shown on the preliminary development plan.
The City Council will lend the subdivider its powers of condemnation to acquire the off-
site R/W and/or easement dedication (Government Code 66462.5). If condemnation is
required, the subdivider shall pay all costs associated with the off-site R/W acquisition
(including attorneys and court costs).
14. The following uses shall be allowed within the Planned Development, and with the type
of use permit review indicated:
A = Allowed; D = Director's approval required; PC = Planning Commission
approval required; * Indicates use subject to square footage and other limitations
per Zoning Regulations Section 17.22.010, footnote 10: No single tenant space
less than 2,500 square feet, banks, real estate offices, financial institutions,
medical clinics, doctor's offices, and lawyer's offices prohibited.
A Advertising and related services
D Antennas (Commercial broadcasting)
A Broadcast studios
A Computer services
D Day care centers
A Laboratories (medical, analytical)
A Manufacturing-food,beverages; ice; apparel; electronic, optical, instrumentation
products; jewelry; musical instruments; sporting goods; art materials.
PC Manufacturing - basic metals, chemicals, building materials, fabricated metals,
textiles, paper and cardboard; machinery, transportation equipment.
C9-34
Ordinance No. 1245 (1993 Series)
Planned Development Rezoning PD 220-92
Page 7
20. If demolition of the existing house occurs, applicant shall recycle and salvage building
materials to the extent feasible. Applicant shall submit a plan for recycling/salvage to
the Community Development Director for approval prior to issuance of the demolition
permit.
21. Applicant shall recycle building materials during construction of the project, in
accordance with a plan approved by the Community Development Director.
22. Applicant shall provide adequate facilities within each phase of the project to
accommodate recycling. Facilities shall be designed in consultation with local recycling
agencies, and to the approval of the Community Development Director.
23. Applicant shall comply with conditions of approval of Tract 2134 (City File No. TR 220-
92).
SECTION 2. A synopsis of this ordinance, approved by the City Attorney,
together with the names of councilmembers voting for and against, shall be published once in
full, at least (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published
and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30)
days after its final passage.
C9-35
Ordinance No. 1245 (1993 Series)
FINALLY PASSED this 21st day of September 1993
on motion of Council Member Settle
seconded by Council Member Romero . and on the following
roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
Mayor PaV Pinard
ATTEST:
�f
v
Cit Clerk Diane G well
C9-36
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C9-37
I,I �•, III
Recording Requested By:
CITY OF SAN LUIS OBISPO
When Recorded Please Return to:
COMMUNITY DEVELOPMENT DEPARTMENT
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA.93401
NOTICE OF REQUIREMENTS
SUBDIVISION:Tract 2134
City File#220-92
953 Orcutt Road
APN: 053-061-038+040
The following items are required to be carried out by the buyers of lots or parcels in
the above subdivision per Conditions of Approval and/or Code Requirements of
Ordinance 1245 (1993 SERIES)and Council Resolution 8205 (1993 Series)
This information is recorded simultaneously with the final map and is for informational
purposes,describing conditions as of the date of filing, and is not intended to affect
record title interest pursuant to Section 66434.2 (a)of the SUBDIVISION MAP ACT.
The requirements are as follows:
1. ORDINANCE Condition 3: Fees for pro-rata shares to be paid with building permits:
Orcutt Rd SPRR crossing $63,320.00, Orcutt Rd/ Laurel Lane traffic signal etc
$3,835.00,Broad St/Capatolio Way traffic signal$7,127.00. Fees can be incrementally
paid with each phase of the development at the time of building permit issuance subject
to the approval of the City Engineer and Finance Director. (See item 17)
2. Condition 4 & 5 Trip reduction measures: plan required including property owners
association to implement plan, : . .
3. Condition 8 Grading and drainage plan must analyze effects of developments on
downstream properties as well as flooding of proposed buildings. Detention may be
required as a condition of building permits.
4. Condition 9 The applicant shall obtain the General Construction Activity Storm
Water Permit required by the EPA and shall comply with all requirements of that
permit, as well as City grading regulations regarding erosion control measures.
5. Condition 10 Applicant shall expand and enhance existing riparian habitat areas
found on the site, in accordance with a plan approved by the State Department of Fish
and Game, the City Engineer and the Community Development Director. (See
Ordinance 1245 for numerous details)
6. Condition 11 Applicant shall comply with the Interim Archeological Survey
Procedures prepared by the City's Cultural Heritage Committee prior to and during
the construction phase of the project.
(See Ordinance 1245 for numerous details)
7. Condition 12 Applicant shall provide sand and oil interceptors in parking lot
drainage systems.
C9-38
8. Condition 14 Lists uses allowed in the planned development. (See Ordinance' 1245
. for numerous details)
9. Condition 16 Parking shall be provided at the rate of one space per 400 square foot
of gross building area for each phase.
10. Condition 17 Parking shall be provided for each tenant at the rate of 90% of the
requirement stated in the zoning regulations. Parking may be further modified by
approval of an administrative use permit,upon finding that the traffic reduction plan
for the planned development has effectively reduced the demand for parking.
11. Conditions 21 Applicant shall recycle building materials during construction of the
project, in accordance with a plan approved by the Community Development
Director.
12. Condition 22 Applicant shall provide adequate facilities within each phase of the
project to accommodate recycling. Facilities shall be designed in consultation with
local recycling agencies and to the approval of the Community Development
Director.
13.RESOLUTION Condition 5 A common driveway/maintenance agreement is
necessary for common parking areas. (if/when implemented, typ)
14. Condition 6 Subdivider shall install the required Orcutt Road frontage
improvements etc (See Ordinance 1245 for details) median construction may be
deferred until City project can extend Orcutt Road over railroad.
15. Condition 16 Street Trees are required to be planted per City Standards (The
number of trees are determined by one tree required for each 35 linear feet of street
frontage) at the time of lot developments. An exception shall-be for any trees required
as part of mitigation measures established by the Dept of Fish and Game. In no case
shall any tree be planted in a location which may conflict with any earth fill, retaining
walls, etc...associated with a future railroad overpass. Species: as determined by the
City Arborist.
16. Condition 18 Any sewer mains outside of dedicated public right-of-way .shall be
privately owned and maintained by the property owner's association.
17. Condition 30 Traffic impact fees listed as a condition in the Ordinance rezoning the
property (No.1245-1993 series) to M-PD shall be paid prior to building permits for
Phase 1. (See item 1 above)
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Date Signature:
Name Printed
Title: /J 6 4^--i
(owner/engineer/surveyor)
(NOTARY ACKNOWLEDGEMENT REQUIRED)
Tract 21341notice of requirements
C9-39