HomeMy WebLinkAbout01/09/2001, C10 - FINAL MAP APPROVAL FOR TRACT 2193, A 35-LOT RESIDENTIAL SUBDIVISION AT 1855 PREFUMO CANYON ROAD. (RICHARD LOUGHEAD, INC., SUBDIVIDER)FROM:
SUBJECT:
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Michael D. McCluskey, Director of Public Works`V","_�
Prepared By. Jerry Kenny, Supervising Civil Engineer`.
Final Map Approval for Tract 2193, a 35 -lot residential subdivision at
1855 Prefumo Canyon Road. (Richard Loughead, Inc., Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the Final Map for Tract 2193, accepting the Deed for the open space
parcel, easements for biological open -space purposes within Lots 36 and 38, and authorizing the
Mayor to execute the subdivision agreement.
DISCUSSION:
A "vesting" tentative map for Tract 2193 was approved on Jan 20, 1998, per Resolution No. 8758
(1998 Series), to create 35 residential lots, 2 "biological open space lots ", a lot for the private street
(to be conveyed to the Prefumo Creek Homeowners Association), and a 364 ( + / -) acre "remainder
parcel" being deeded to the City in fee title for open space and recreational trail purposes.
Public and private improvement plans have been approved by the Public Works, Utilities and
Community Development Departments, which include the onsite private street (including a private
vehicular bridge) and public utilities to meet City standards (sewer, water and typical utility mains
and services). A City-owned sewage lift station is incorporated into the plans to collect and
discharge the effluent from the onsite public sewer main into an existing main in Prefumo Canyon
Road. The offsite public street improvements, water main and fire hydrants on Prefumo Canyon
Rd. are also incorporated into the plans.
The subdivider has submitted Surety Bonds to guarantee installation of the required subdivision
improvements and setting of monuments. The required fees prescribed in the attached subdivision
agreement have been paid..
Covenants, conditions and restrictions (CC &Rs) have been approved by staff and are to be recorded
along with the final map. The CC&Rs include specific restrictions and requirements to be followed
by the owners and association, including but not limited to a "fire management plan", due to the
` wildland interface" with the hillside lots and drainage maintenance within the creek lots. Other
documents, such as: 4 Common Driveway Agreements for maintenance and use of the "minor cul-
de- sacs ", and a "Notice of Requirements" to future lot owners regarding development requirements
will be recorded along with the final map.
Staff finds the final map to be in substantial compliance with the approved tentative map and that
all conditions of the map have been met and/or guaranteed with appropriate sureties and, therefore
recommends approval.
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Council Agenda Report - Final Map Approval for Tract 2193
Approval of a final map is a "ministerial act ", pursuant to the California Subdivision Map Act
(Government Code Section 66474. 1), once the map is found to be in substantial compliance with
the approved tentative map. [Attachment 5] Thus, this project has proceeded according to all City
regulations, and no further discretionary approvals are required.
CONCURRENCES:
The Community Development Director, Fire Department, Natural Resources Manager and City
Attorney concur with the recommended action. No other departments are affected.
FISCAL IMPACT:
Normal maintenance of public facilities: water and sewer mains, sewage lift station, fire hydrants
and standard street improvements within Prefu no Canyon Road.
"4 9A 1;N/. 1 U11 V
Deny approval of the final map if the Council finds that the map, improvement plans and various
documents for recordation are not in substantial compliance with previous conditions set by the
City Council's Resolution 8758.
ATTACHMENTS:
1 - Draft resolution and subdivision agreement
2 -Map
3 - Resolution No. 8758 (1998 Series)
4 — Open space deed to City
5 — Subdivision Map Act excerpt (Sect. 66474.1)
6 - Final Map Checklist
I: \...\Council Agenda Reports\Final map approval for Tract 2193
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Pli{aCh Avni-
RESOLUTION NO. (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2193
WHEREAS, the City Council made certain findings concerning vesting Tract 2193, as
prescribed in Resolution No. 8758 (1998 Series), and
WHEREAS, the subdivider has submitted bonds in the amounts of $ 1,400,000
(Faithful Performance) and $ 700,000 (Labor & Materials) to guarantee installation of the
required subdivision improvements per approved plans and all fees have been received as
prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, all other conditions required per said Resolution No. 8758 (1998
Series) have been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2193 has
been found to be in substantial compliance with the vesting tentative map and final map approval
is hereby granted.
The Mayor is hereby authorized to execute the subdivision agreement and to accept a grant deed for
open space and recreational trail purposes over the "Remainder" parcel and an easement deed for
Biological Open Space purposes over Lots 36 & 38 on behalf of the City.
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 , 2001.
ATTEST:
CITY CLERK Lee Price
y6ked as to 0
&,,v,
ATT RNEY Jeffrey G. Jorg son
uncil Agenda Reports\Final Map approval for Tract 2193
MAYOR Allen K. Settle
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200,L- by and
between RICHARD LOUGHEAD, Inc., a California Corporation 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 2193, City of San Luis Obispo,
California, as approved by the City Council on the day of , 200_
The Subdivider desires that said Tract No. 2193 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.
4. DRAINAGE STRUCTURES
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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.
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 Califomia.
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 $1,400,000.00 which is
the amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the improvements arising from faulty workmanship or materials or defective
construction of said improvements occurring within twelve (12) months after approval
thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10% of the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
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improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($ 700,000) in
accordance with State law.
Said Subdivider has paid an inspection fee of $86,104.00 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 bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
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IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Richard Loughead,
A California Chi
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
AJNORPVED AS FORM:
I ATTORNEY J y G. Jo a sen
Jr.
Dw
EXHIBIT 1
TRACT 2193
SUBD=SION AGRE MMMgT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $5,500.00 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. Park -in -lieu fees and sewer lift station fees and water
reclamation fees have been paid, as listed in the attached EXHIBIT
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. Transportation impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
5. The Subdivider shall install fencing per Resolution 8758 (1998
series) condition 20, and landscaping per the plan by Oasis
Landscape with the improvement plan.
6. The subdivider shall inform home buyers of the fact that the
adjoining hillside needs fire management and fuel maintenance per
plans required by condition 25.
7. The subdivider shall comply with condition 16 regarding
application to FEMA for a LOMA or LOMR showing it in the City.
8. The Subdivider has paid special sewer lift station fees as
determined by the utilities department.
9. The subdivider has submitted a 3.5° computer disk of the public
improvement plans and will submit a similar 3.5" computer disk
copy of the record drawings when the construction is complete,
together with the customary microfieche.
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Bonds and Guarantees:
EXHIBIT 2
TRACT 2193
FEE AND BOND LIST
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $1,400,000 Bond #3SM98591700 11/27/2000
Amer. Motorists Ins H.B.
Labor & Materials $ 700,000 Bond (Same #)
(50% of total cost
of improvements)
Monument Guarantee $5,500 C.D. #2002202 11/27/2000
Coast Natnl Bank H.B.
Fees:
Map Check Fee $3,675 5/1/2000
H.B.
Plan check Fee
$21,123
6/9/2000
H.B.
Inspection Fee
$ 11000
9/29/2000
($1460 +6.1% of $16,285)
H.B.
Remainder
$85,104
11/27/2000
H.B.
Park -in -Lieu Fee
$141,420
11/27/2000
(34 X $4155 + $150
Const unit tax)
H.B.
Sewer Lift Station Fee $ 7,105 11/27/2000
Water Reclamation Fee $14,498 11/27/2000
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2193 Subdivision Agreement
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rhl MID-STATE BANK
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
County of San Luis Obispo
On November 22, 2000 before me ,Sheryl Blankenship, Notary Public, personally appeared
Richard Lou¢head Jr., President , ❑ personally known to me -OR -® proved to me on the
Name(s) of Signer(s) basis of satisfactory evidence to be the person(s) whose
name(s pa ubscribed to the within instrument and
acknowledged to me that 041414� executed the same in
V=�r authorized capacity(ies), and that by
r signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed
the instrument.
SHERYL BLANKENSHIP Q WITNESS my hand and official seal.
O COMM. #1188873
NOTARY PUBLIC-CALIFORNIA
SAN LUIS OBISPO COUNTY
O
Q.My Comm. Explres July 31. 2002
NJ
Signature of )Votary
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
(PRINCIPAL)
❑ Individual
❑ Corporate Officer
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Absent Signer (Principal) is
Representing:
Name of Person(s) or Entity(s)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
� la
Date of Document
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It
RESOLUTION NO. 8758 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE MAP FOR A RESIDENTIAL
SUBDIVISIONAT 1855 PREFUMO CANYON ROAD,
NEAR CASTILLO COURT, CREATING 35 RESIDENTIAL LOTS ON 12 ACRES,
AND TWO OPEN SPACE LOTS TOTALING 372 ACRES
(TR 26 -95; COUNTY TRACT MAP NO. 2193)
WHEREAS, the Planning commission conducted a public hearing on December 3, 1997
and recommended approval of Vesting Tentative Tract Map 26 -95; and
WHEREAS, the City Council conducted a public hearing on January 20, 1998 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council finds that the subdivision will not have a significant
adverse impact on the environment, subject to the mitigation measures of the Final
Environmental Impact Report (EIR) certified by the City Council on April 1, 1997, and listed in
Exhibit "A ", being incorporated into the project, and the adopted mitigation monitoring program
being followed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the certified Final EIR
adequately addresses the potential significant environmental impacts of the proposed project, and
reflects the independent judgment of the City Council.
SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative
Tract Map 26-95, and the . Planning Commission's recommendations, staff recommendations,
public testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the general
plan.
2. The site is physically suited for the type and density of development allowed in an R -1 -S
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.
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Resolution No. 8758 (1998 Series)
Page 2
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 subdivision is in compliance with the Final Environmental Impact Report (EIR) certified
by the City Council on April 1, 1997, and incorporating by reference the findings as
contained in City Council Resolution No. 8676 (1997 Series).
SECTION 3. Conditions. The tentative map for Tract 26-95 (County Tract Map No.
2193) is approved subject to the following conditions and code requirements:
Conditions
Streets
1. Off -site dedication of property for public right -of -way purposes is necessary to facilitate the
transition of the northerly side of Prefumo Canyon Road westerly of Castillo Court (lot 7,
Tract 1053) The subdivider shall exhaust all avenues available to acquire said public right -
of -way dedication. In the event the subdivider is unable to acquire said property, the City
Council will lend the subdivider its powers of condemnation to acquire the off -site right -of-
way dedication, including any necessary slope and drainage easements. If condemnation is
required, the subdivider shall agree to pay all costs associated with the off -site right -of -way
acquisition (including attorney and court costs). The subdivider is responsible for
construction of the necessary street improvements and striping, to the satisfaction of the
Public Works Director.
2. Vehicular access rights along Prefumo Canyon Road shall be dedicated to the City, except
for the proposed private street.
3. Street improvements shall be constructed in accordance with the most current City
regulations, Engineering Standards and Specifications. The new private street shall provide a
14m wide easement, l lm curb to curb pavement and ADA compliant detached sidewalk on
one side that is a minimum of 4 feet.wide (1.2m). The final street section shall accommodate
parking on both sides of the street (adjacent to lots 1 - 29, parking on one side adjacent to lots
30 - 35) with adequate emergency vehicle access, to the satisfaction of the Director of Public
Works and Fire Chief. The structural pavement section shall be designed using a Traffic
Index = 5.5.
The entire width of the private street easement shall also be dedicated as a public water and
sewer system and bicycle and pedestrian easement. The easement shall include language
relieving the City from any and all responsibility for damage to the private street which may
have been caused by maintenance vehicles carrying out normal activities. When excavation
is required for maintenance or repairs, the City will patch the excavation with regular AC
pavement. No concrete or decorative pavements will be replaced by the City. Prefumo
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Resolution No. 8758 (1998 Series)
Page 3
Canyon Road curb and gutter shall be extended to correspond with the end of the street
transition on the northerly side of the street, to the satisfaction of the Public Works Director.
4. The subdivider shall install private street lighting along the private internal street per City
standards and off -site public street lighting along Prefumo Canyon Road leading to and from
the development, as determined by the Director of Public Works. All public street lighting
installed by the developer shall include the luminaires as well as all wiring and conduit
necessary to energize the light standards from P.G.& E.'s point of service.
5. Street trees shall be planted along the private street per City Standards (the number of trees is
determined by one tree per 35 linear feet of street frontage).
6. The subdivider will re -grade the emergency access road with Class 2 base and using
minimum reasonable grade to provide maximum potential usability and access.
Water, Sewer & Utilities
7. The subdivider's engineer shall submit water demand and wastewater generation calculations
so that the City can make a determination as to the adequacy of the supporting infrastructure.
If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the
deficiency as a part of the overall project.
8. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the
Utilities Engineer.
9. The water main and sewer force main shall be sleeved and encased in the bridge structure, or
hung on the side of the bridge above the lowest point so as to protect the pipelines from high
water flow.
10. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply
1 the City's criteria to the design to determine which lots will need backwater valves on the
sewer laterals, per City and UPC standards.
11. Water pressure is a minimum in this location. Due to the elevation and distance from the
i
elevated storage serving the site, individual private fire sprinkler booster pumps may be
necessary. The developer's fire engineer shall design fire sprinkler systems to the satisfaction
of the Fire Department as a condition of building permits. The subdivider may be required to
Ninstall elevated water storage, to the satisfaction of the Utilities Director, and subject to
architectural review. Ali rr�a� lz�:a�
12. The sewer and water mains shall be located approximately 2m on either side of the street
centerline. All final grades and alignments of all public water, sewer and storm drains
(including service laterals and meters) are subject to modifications to the satisfaction of the
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Resolution No. 8758 (1998 Series)
Page 4
Public Works Director and Utilities Engineer
Grading & Drainage
13. The final grading plan shall include provisions to comply with the soils engineer's
recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck
access. The soils engineer shall supervise all grading operations and certify the stability of
the slopes prior to acceptance of the tract and/or issuance of building permits.
14. The soils engineer shall define if specific development limitations are on certain lots due to
the location of the fault.
15. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required, unless existing studies provide the required
information to the satisfaction of the City Engineer. The scope of the study must include
analysis of all existing public and private drainage facilities and creek capacities and
conditions within this property and adjacent downstream property. The analysis shall
identify creek bank erosion and incorporate mitigation measures to protect improvements,
private property and the environment. The focus shall be directed in the area of the bridge
crossing and those portions of the creek adjacent to home sites, Laguna Lake Mobile Estates
and Prefumo Canyon Road.
16. The developer shall process and complete a Federal Emergency Management Agency Letter
of Map Amendment (LOMA), or, Letter of Map Revision (LOMB) prior to final acceptance
of any development. Any lots or building pads, identified in the hydrology study to be
subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations
of at least 1 foot above the 100 -yr storm elevation. All areas subject to flooding shall be
documented.
17. The Homeowners' Association (HOA) shall own and maintain all that portion of Prefumo
Creek adjacent to the home sites and the private street. The HOA shall also be responsible for
maintenance of the drainage swale and debris berm above the hillside lots. Maintenance
responsibilities shall also include maintenance of any cut or fill slopes required to make the
swale and berm. The storm drainage system within the private street shall be privately
owned and maintained by the HOA (to be included in CC& R's).
The HOA shall also be responsible for maintaining the private street entrance landscaping
and monument sign within the City right -of -way (to be included in CC& R's). A covenant
shall be executed by the subdivider and recorded against the "common lot" prior to final map
approval.
18. The proposed bridge and any modifications to the existing creek channel shall be privately
owned and maintained by the HOA and shall comply with the City's Flood Management
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Resolution No. 8758 (1998 Series)
Page 5
Policy Book (specifically regarding clear spanning of creeks, etc.) and approved by the
Public Works Director, Corp. of Engineers and Fish & Game.
19. Clearing and maintenance of any portion of the existing creek and drainage channels,
including any required tree removals, and any necessary erosion repairs shall be to done the
satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game.
Certain trees may require safety pruning by a certified Arborist as determined by the City
Arborist.
20. The final map shall show the locations of the rear property lines for Lots 1 -12 moved in 15
feet from their locations shown on the revised tentative map dated 11 -5 -97 with the low fence
at the rear of each lot depicted on Section F -F located on the shifted property line.
Mapping & Miscellaneous Requirements
21. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map.. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DNF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
22. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final map
where necessary (e.g. - all record data shall be entered on the map in the record units, metric
translations should be in parenthesis), to the approval of the City Engineer.
Fire Department Requirements
23. All primary access -ways shall be designed as Fire Lanes. Required fire- access ways (where
width restricted) shall be painted red with appropriate signage installed to prohibit parking
(such as the proposed private driveway (Lots # 33 -35), main/end road cul -de -sac, emergency
access points, main road entrance { w /median} etc.).
24. Fire hydrants shall be spaced.per SLO -FD Guidelines (placement with Fire Department
approval) and shall be capable of supplying the required fire -flows. It should be noted, that, the
proposed fire hydrants densities along Prcfumo Canyon Road (frontage) may be decreased to
"open space requirements (maximum 500 foot spacing).
25. A final fire management plan outlining fuel mitigation and maintenance proposals shall be
submitted along with subdivision improvement plans to the approval of the Natural Resources
Manager and the Fire Department.
l
Resolution No. 8758 (1998 Series)
Page 6
Open Space
26. The open space shall be dedicated to the City as a condition of approval of the final map.
Prior to the City's acceptance of fee title to the open space and recordation of the final map,
all defects against title to the open space shall be removed or extinguished, including but not
limited to the following:
• Notice of Nuisance (First Notice) recorded May 22, 1990 in Book 3513, Page 423 of
Official Records.
• Notice of Nuisance Abatement (Second Notice) recorded July 12, 1990 in Book 3453,
Page 746 of Official Records.
27. The final map shall show a vehicular access easement between Lots 14 & 15 connecting to
the adjoining open space for City maintenance purposes. The easement shall be improved
with a suitable surface to the satisfaction of the Public Works Director.
28. The subdivider shall dedicate a biological open space easement over Lot A, Creek Lot, which
outlines the purposes of the lot and regulates vegetation activities and access for wildlife
habitat and fuel management purposes.
Planning Requirements
29. A 15 -foot street yard shall be allowed for homes and a 20 -foot street yard for garages with
doors facing the street.
30. The height of residences on Lots 1 -30 shall be restricted to 25 feet.
31. Individual lot development shall be subject to the review and approval of the Architectural
Review Commission (ARC). Planning staff may make the determination upon submittal of
complete plans if the minor or incidental architectural review process is appropriate.
32. The applicant shall submit plans prepared by a licensed landscape architect and an
experienced plant restoration ecologist to the City's Natural Resources Manager and the
Architectural Review Commission (ARC) for planting near the project entry and the riparian
corridor in accordance with the specifications detailed in Mitigation Measure K -8 of the Final
EIR The design of the uniform low fence (including monuments for property comers)
required per Condition 20 along the edge of the riparian corridor shall also be to the approval
of the ARC with input from the Natural Resources Manager.
33. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by
the City Attorney and Community Development Director prior to final map approval.
CC &R's shall contain the following provisions that pertain to all lots:
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Resolution No. 8758 (1998 Series)
Page 7
a. Creation of a homeowners' association.
b. No parking except in approved, designated spaces.
c. No change in city- required provisions of the CC &R's without prior City Council
approval.
d. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
e. Provision for all of the maintenance responsibilities previously outlined in various
conditions above.
34. The final map shall show a pedestrian access easement behind Lots 13 -15 to provide the
potential for creating a walking trail to connect with the adjacent open space to the east
already owned by the City. Any necessary adjustments to lot lines to accommodate the
easement shall be to the approval of the Natural Resources Manager and the Community
Development Director.
Code Requirements
1. Traffic impact fees are required to be paid as a condition of issuance of building permits.
2. Upon development, the applicant will have to acquire an allocation through the retrofit
program. The cost of retrofitting is directly credited against the project's Water Impact Fees,
with some limitations. The City is currently working to secure additional long -term water
supplies. Should one of these water supply projects reach construction prior to development
of the site, then water will be available for allocation without retrofitting.
3. Water and Wastewater Impact Fees shall be paid as a condition of issuance of building
permits.
4. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees
shall be paid prior to the final map approval.
5. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
6. EPA Requirement: General Construction Activity Storm Water Permits are required for all
storm water discharges associated with a construction activity where clearing, grading and
excavation results in land disturbance of five or more acres. Storm water discharges of less
C10-20
Resolution No. 8758 (1998 Series)
Page 8
than five acres, but which is part of a larger common plan of development or sale, also
require a permit. Permits are required until the construction is complete. To be covered by a
General Construction Activity Permit, the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to
the State Water Board.
7. The applicant shall pay park -in -lieu fees consistent with SLO Municipal Code Section
16.40.080 and as identified in Mitigation Measure D -17 of the Final EIR.
Upon motion of Council Member Williams, seconded by Council Member Smith ,
and on the following roll call vote:
AYES: Council Members Williams, Smith and Romero
NOES: Council Member Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was adopted this 20th day of January , 1998.
ATTEST:
i
Yonnie Gawf, C' 6 Cleyl
APPROVED AS TO FORM:
G. yorggOen, flity Attorney
Tract Res.
Mayor Allen Settle
CIO -21
EXHIBIT A
Prefumo Creek Homes EIR
Mitigation Measures
Land Use
D -7. To achieve consistency with policy 1.13.3 of the Land Use Element
(development plans), any of the following actions is required:
a. A specific plan must be prepared, or
b. The proposal must be amended to include a PD (Planned Development) or an
S (Special Conditions) overlay district and a development plan must be prepared,
or -
c. City planning officials may determine that the submitted, subdivision map
allows for adequate review of the project.
D -8. To achieve consistency with policy 1.9.3 of the Land Use Element, policy 4C of
the Circulation Element and policy 2 of the Open Space Element (pedestrian
paths /trails) either of the following actions are required:
a. City planning officials may determine that the policy does not apply in this
instance because of security and privacy considerations; or
b. Require the applicant to identify and install a trail system as a condition of the
tentative subdivision map approval.
D -9. To achieve consistency with policy 6.1.1, 6.2:0, 6.2.1, and 6.2.2 of the Land Use
Element (geologic hazards), the City must take either of the following actions:
a. Eliminate lots 22 -25 and lots 28-30 from the proposed subdivision; or,
b. Adopt the mitigation measures proposed by the Geotechnical Conditions
section in this EIR.
D -10. To achieve consistency with policy 6.2.6 J of the Land Use Element (density
and development of Prefumo Creek area), the City must take either of the following
actions:
a. The policy must be deleted, or
b. It must be amended to allow the proposed density.
C10 -2Z
D -11. To avoid inconsistency with policy 6.2.6 J of the Land Use Element (density
and development of Prefumo Creek area), lot 12 must be deleted from the tentative
subdivision map (also see mitigation measure K -7).
D -12. To achieve consistency with policy 2.2.11 and 6.4.6 of the Land Use Element
(creek corridor protection), and policies 1.A, LE, and 3.A of the Open Space Element
(creek corridor protection), the tentative subdivision map must be redrawn to
exclude areas within the top of the bank of Prefumo Creek within privately owned
lots.
D -13. To achieve consistency with policy 1.C.4, 2.A, 2.B.1, 2.B.2 and 2.0 (grasslands)
of the Open Space Element, the City must include findings, in its approval of the
tentative subdivision map, that these policies are discretionary along with the
reasons why these policies should not be applied in this instance.
D -14. To achieve consistency with objective 5 and policy 1.5 (air quality) of the
Circulation Element, the City must include the residential portion of the project
within the urban reserve line. The City must also make a finding that adjustment
of the urban reserve line does not violate the City's commitment to supporting the
efforts of the Air Pollution Control District to implement its Clean Air Plan.
D -15. To achieve consistency with policy 1.31.2 of the Housing Element (consistency
with other general plan policies), the City must adopt mitigation measures D -1
through D -15.
D -16. To achieve consistency with policy 1.31.2 of the Housing Element (housing on
geologic hazards), the mitigation measures required by the Geotechnical Conditions
section in this EIR must be followed.
D -17. To achieve consistency :with program 2.221 of the Park and Recreation
Master Plan (provision of athletic fields), the project shall be required to pay park
and recreation fees, in addition to the dedication of open space, to help finance new
athletic fields in the area.
Traffic and Circulation
E -2. To mitigate the existing deficiencies on Prefumo Canyon Road and Descanso
Drive and the additional impact created by the proposed project, the City shall take
either of the following actions:
a. Reclassify Prefumo Canyon Road as a residential arterial between Del Rio
Avenue and Los Osos Valley Road and develop a neighborhood traffic
management plan to reduce travel speeds and divert traffic from Descanso
Drive to Prefumo Canyon Road, or
C10 -23
b. Amend the Circulation Element to increase the desired maximum average
daily traffic volumes and desired maximum speed for Prefumo Canyon Road
and Descanso Drive.
E -3. To maintain consistency with .the City's Bicycle Transportation Plan, the City
shall take either of the following actions:
a. Require construction of a bicycle route along Prefumo Canyon Road, or
b. Require construction of a bicycle route through the project on the main
access road and along the emergency only access road.
E-4. To improve safety conditions along Prefumo Canyon Road, sight distance to
the east must be improved by moving the main access road eastward as far as
possible. The final main access road shall be approved by the Public Works
Department. _
E -5. Cumulative impacts can be mitigated by implementing mitigation measure E -2
Noise
F -1. Require the applicant to complete grading within a four -month period. Assess
liquidated damages if the grading exceeds this time period.
F -2. Limit all project - related construction to daytime hours (lam to 6pm). Prohibit
any construction activity, not including grading, from occurring at least one day a
week.
F -3. Clearly post noise restrictions on -site until the proposed project is completed.
Air Quality
G -1. All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. During the time period in which grading will occur,
watering shall occur at least twice daily including weekends with complete
coverage, preferably in the late morning and after work is finished for the day.
Reclaimed, nonpotable water from a source other than Prefumo Creek shall be used
whenever possible.
G2. All clearing, grading earth - moving,
periods of high winds (greater than 15
prevent excessive amounts of dust.
or excavating activities shall cease during
mph averaged over one hour) so as to
G-3. If soil materials are transported off -site, they shall be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
C10-24
G-4. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with fast - germinating native grass seed
and watered until vegetation becomes established.
G -5. All disturbed areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by APCD.
G -6. On -site vehicle speed during construction shall be limited to 15 mph for any
unpaved surface.
G-7. All unpaved areas with vehicle traffic shall be watered at least twice per day
including weekends, using nonpotable water from a source other than Prefumo
Creek.
G -8. Wheel washers shall be installed where vehicles enter and exit unpaved_ roads
and streets, or provisions shall be made to wash off trucks and equipment leaving
the site.
G -9. "Best Available Control Technologies for Construction Equipment" (CBACT)
shall be applied to+"one pieceeof diesel - fueled construction equipment involved
in grading operations. APCD- recommended modifications are the following:
a. Injection timing retard of two degrees,
b. Installation of high pressure injections, and
c. Use of reformulated diesel fuel.
G -10. APCD recommends the following measures to address concerns of asbestos -
containing material:
a. A sampling and survey work plan shall be prepared for APCD approval.
Elements should include but are not limited to geological mapping of the
site, sampling strategy, and lab analysis methodology.
b. After APCD approval of the work plan, the sampling and survey activities
and lab analysis shall be carried out. Results should be submitted to the
District for review 30 days prior to the start of construction.
c. If asbestos - containing material is determined to be present, an asbestos
health and safety program /work plan for construction activities in serpentine
to comply with state and federal law will be required. Work plan elements
should include construction and project strategy to prevent emissions to
ambient air, a 10- working day advance notice of project start date to APCD,
protection methods to prevent worker exposure, and the presence of a
California- certified asbestos environmental monitor or registered geologist
with asbestos certification on -site during construction activities to identify
C10 -25
potential unmapped or subsurface serpentinite and to initiate
contractor /worker emergency procedures if required.
d. If asbestos- containing material is determined to be present, none of it shall
be used as surface -layer material on any part of the project such as road
beds, building pads, or landscaped area.
e. If asbestos - containing material is determined to be present, notification to
buyers shall be required.
f. If asbestos - containing material is not found in the serpentine deposits on
the proposed project site, the APCD requires the preparation of an
emergency work plan to address potential unmapped or subsurface
serpentinite, the presence of a certified asbestos environmental monitor or
registered geologist during construction activities to initiate an emergency
work plan if necessary, and notification of APCD of the project start date.
Geotedmical Conditions
H-4. Additional geotechnical engineering shall be performed during preparation of
the grading and improvement plans for the project. This work will include the
development of foundation recommendations, grading specifications, and other
final engineering details for individual lots or smaller areas of the project.
Geotechnical . engineering performed at this point should consider grading
throughout the entire project to avoid the need for repetitive studies as individual
lots are developed in the future. The resulting plans will incorporate walls,
buttresses, subsurface drains, and other features to remove and /or stabilize the
landslide deposits on the project site. Appropriate stability analyses documenting
the performance of all slopes under ground- shaking conditions will be provided.
These will include an analysis of the new conditions affecting the previously
analyzed landslides, an analysis of the landslide deposits not previously analyzed,
an analysis of new cut and fill slopes, and an analysis of natural slopes in the
vicinity of the development. All plans and studies will be subject to review and
approval by the City Engineering Department.
Drainage and Water Quality
I-4. As part of the grading and improvement plans for the project, the applicant
shall prepare more detailed drainage and erosion control plans and install erosion
control improvements in appropriate locations. These plans must also indicate
points of access for maintenance of the creek and must be approved by the City
Engineering Department.
I -5. To ensure coordination of streambed alterations and to minimize repetitive
construction projects within the streambed, the developer shall design and disclose
to regulatory agencies all proposed structures and activities within the streambed.
CIO-26
These would include all road construction, pipeline installation, erosion protection,
water and sewer improvements, drainage control and discharge structures, debris
removal, vegetation removal, revegetation, and any other activities that would
involve work in or adjacent to the streambed or within 'the jurisdictional wetlands.
The agencies to be notified and authorizations to be obtain include the U.S. Army
Corps of Engineers - Section -404 Permit; the Regional Water Quality Control Board -
Section 401 Water Quality Certification; and the California Department of Fish and
Game - Section 1603 Streambed Alteration Agreement.
I -6. To reduce the potential for short -term debris transport and accumulation
within the streambed and to improve the capability of the City to provide long -term
maintenance, prior to transferring the creek open space area to the City, the
applicant shall prepare and implement a program to remove excessive vegetative
debris, old lumber, and other material that would tend to accumulate and obstruct
flows within the streambed. This measure is not intended to remove live
vegetation or to disrupt biological habitat and should be oriented towards removal
of downed eucalyptus branches and similar material. The program should be
designed and implemented with input from a qualified biologist and with approval
of regulatory agencies as part of the larger program of streambed alterations
discussed below.
Biological Resources
J4. A 30 -foot building setback from the edge of the riparian vegetation shall be
established for lots 1 -14, 37, and 38. No disturbances other than those required to
mitigate erosion problems or to ensure adequate drainage shall be allowed.
J -5. In the vicinity of lots 31 -38, the main road shall be reduced to 30 feet and moved
at least 20 feet from the top of the creek bank or from the edge of the dripline
whichever is greater. If substandard -size lots result from this action, these lots shall
be eliminated from the tentative subdivision map.
J-6. The stands of perennial, native bunch grasses left in the open areas in the
southeastern corner above the building envelopes of lots 14, 15, and 19 shall be
protected. No ornamental plantings or other homeowner - related disturbances will
be allowed in this area.
J -7. The tentative subdivision map shall be redrawn so that the freshwater marsh,
located on lot 15, shall be located in the open space area.
J-8. Once bridge and road construction drawings and a more detailed grading plan
are available, a plant ecologist/ restoration specialist shall prepare a restoration plan.
The plan shall survey the site for sensitive plant species
as identified in the Draft EIR• identify suitable sites for replanting the species
affected establish replanting ratios and contain a monitoring plan to ensure the
C10 -27
success of the replanting Preparation of the restoration plan shall be the
responsibility of the project sponsors.
J -9. Disturbed areas around the bridge construction site shall be revegetated with
native riparian vegetation as soon as possible following the construction. Any
necessary pruning of trees in the vicinity shall be conducted by a certified arborist.
J -10. Trenching needed for the waterline which will cross Prefumo Creek shall be by
auguring or byhand - trenching. If roots over one -inch in diameter are encountered,
these roots shall be cleanly cut along the sides of the trench.
J -11. CC&Ws shall ensure that the oak and riparian woodlands in the adjacent open
space areas are left undisturbed and managed properly after development, -and no
ornamental plantings or other related disturbances occur following development.
J -12. The disruption of the riparian and creek area will be mitigated by complying
with the California Department of Fish and Game streambed alteration permits and
the U.S. Army Corps of Engineers wetland permits. The applicants (or their
successors) for the proposed project will prepare the necessary
documentation /mitigation plans to obtain the permitting from these agencies.
Aesthetics .
K -7. Lot 12 should be eliminated from the tentative subdivision map.
K -8. As a part of the application, the applicant shall submit a landscape, irrigation,
and maintenance plan to the City Architectural Review Commission for review
and approval. The plan shall be prepared by a licensed landscape architect and a
qualified plant restoration ecologist and shall include the following:
a. Planting along either side of the riparian corridor where necessary to provide
complete screening of the interior -of the site from viewing areas along Prefumo
Canyon Road. Screen planting shall be of the scale such that at maturity, views
of the hills above the development are not blocked.
b. All planting near the creek and between the creek and Prefumo Canyon Road
shall be site - appropriate native vegetation.
c. Planting of trees and shrubs on both sides of the proposed entry road between
the creek and Prefumo Canyon Road in a way should block direct views into the
site as seen from the straight section of Prefumo Canyon Road to the east.
d. Screen planting along the north side of lot 13 would help block views from
Prefumo Canyon Road through the gap created by the bridge and into the site.
e. Planting shall be placed between lot 12 as shown on the tentative subdivision
C10 -2.8
map dated 8 -1 -95 and Prefumo Canyon Road so that views from Prefumo
Canyon Road will be screened from both east and westbourid views.
f. Planting around the entry road between the creek'and Prefumo Canyon Road
shall be designed to duplicate a naturally occurring native plant community, not
a formal entry to a subdivision. The planting shall include appropriate trees and
associated understory.
g. Appropriate existing on -site planting such as native perennial grasses and
coastal shrubs shall be integrated into the excavated slope in order to blend
visually the cut area with the adjacent land cover. The excavated slope shall not
be aesthetically "landscaped" or irrigated in such away which would create an
artificial green appearance during the summer months..
h. Trees, shrubs, and groundcover within the interior of the development shall
be included which are native to the area or are drought- tolerant and have a
native appearance.
L All screen planting along the creek and along the north side of Prefumo
Canyon Road shall commence either concurrently
or before the site grading commences. Where screen planting would be
impacted by construction of the bridge or entry road, planting in those specific
areas shall occur immediately after construction in that area. Screen planting
shall be completed within 90 days unless more time is granted by the
Community Development Department. Planting within the development
indicated on the landscape plan shall be planted prior to the sale of any of the
residential lots which would be created as a result of this project.
j. Where slow - growing plant material is used for screening purposes, larger -size
container plants shall be used.
k. After construction, seed shall be applied to all disturbed slopes. The seed shall
consist of species existing on the site prior to disturbance.
Aesthetics
K -9. The height of residences on lots 1 -29 shall be restricted to 25 feet, measured as
provided under Section 17.16.040 of the City's zoning regulations.
K -10. Individual lot owners shall submit plans to the Community Development
Department for architectural review and approval. The applicant's submittal shall
follow Community Development Department guidelines and include a site plan,
general project statistics, grading and drainage plan, landscape development plan,
material samples board, sectional drawings, and other information.
C10-29
K -11. All excavated slopes shall incorporate slope - rounding as part of their design.
The slope - rounding shall be of the largest radius practical to blend visually with
adjacent slopes.
K -12. A geotextile capable of allowing grass- growth shall be used to line the rock -
lined swale above lots 19, 20, 23, and 24.
K -13. All topsoil removed from graded areas shall be stockpiled and redistributed to
the greatest extent possible throughout the site where landscaping and revegetation
will likely occur.
K -14. All street and home lighting shall be shielded in order to screen light sources
from neighboring properties and from Prefumo Canyon Road. Lighting details
shall be reviewed through the architectural review process.
K -15. Covenants, conditions and restrictions (CC &R's) shall be submitted_ for
consideration along with the tentative subdivision map to ensure the on -going
protection of the oak woodland, grasslands, existing individual trees, and all
riparian vegetation including shrubs.
Public Services
M -5. A fire management plan shall be prepared by a landscape architect to identify
specific fire safety measures that will reduce the possibility of a severe fire in the
area. The plan will provide precise dimensions and standards for a fuel -break
around each residential lot which borders the oak woodland or riparian area and for
the emergency access road. The fire management plan will clearly define the
responsibilities of each homeowner and the responsibility of the homeowner's
association for maintaining fire safety. The final subdivision map shall not be
approved until the fire management plan has been submitted and approved by
SLOFD and the City's Architectural Review Commission.
M -6. Based on the fire management plan, covenants, conditions, and restrictions
(CC &R's) shall be developed to identify clearly the fire safety responsibilities of the
homeowners association and of the individual lot owners.
M -7. For lots 1- 11,13,14, and 38 as shown on the tentative subdivision map dated
8 -1 -95, any, or any combination, of the following options may be used to provide an
adequate fuel- break:
a. A variance from the front yard setback requirements may be granted to
allow the building envelopes for these lots to be closer to the street.
b. Redrawing the building envelopes would result in compliance with the 30-
foot greenbelt requirement.
C10 -30
c. If after item a. and b. above have been implemented and the 30 -foot
greenbelt requirement still cannot be met, structures shall be constructed of
nonflammable exterior materials.
Public Services Cumulative Impacts
M -8. By following the mitigation measures already adopted for the LUCEEIR for
fire protection and law enforcement, cumulative impacts can be mitigated to a less
than significant level. No further mitigation is, therefore, required.
Utilities
N -3. To minimize the potential for failure of the project's sewer pump station and
force main, a program and documentation for emergency responses must be
provided to the City prior to final approval. This emergency response plan must
identify a most probable type of failure and specify contacts and responsibilities_ for
the emergency response. Arrangements with a private contractor capable of
providing emergency repairs must be shown to the satisfaction of the City as part of
this plan. If reQuired by the City. the pump station shall be provided with an
emergency ypower suynly. ,G<<1y /'0 Butit .[� f -5-*Xc
a Require the applicant to use another source of water for irrigation
needs.
Cultural Resources
0-1. If any prehistoric cultural materials or buried concentrations of historic
cultural materials are unearthed, work within 1,000 feet of the find should be halted
until they can be examined and evaluated by a qualified archaeologist.
C10 -31
RECORDING REQUESTED Bt
AND WHEN RECORDED MAIL THIS D® AND, UNLESS OTHERWISE
SHOWN BELOW, MAIL TAX STATEMENT TO:
Name City of San Luis Obispo
Sit Community Development Dept.
Addmis 990 Palm Street
city& San Luis Obispo, CA 93401
State
zip
Title Order No. Escrow No
fJHRUt HgL el, / `�"
T 355 Legal (2.94) SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAXIS $ None (open space)
❑ unincorporated area i0 City of San I I I i q 06 i spo
Parcel No.
❑ computed on full value of interest or property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Richard Loughead Inc., a California Corporation
herebyGRANT(S)to City of San Luis Obispo, a Municipal Corporation
the following described real property in the City of San Luis Obispo
county of San Luis Obispo , state of California:
As set forth on Exhibit 'A' attached hereto and made a part.
a
Dated November 7, 2000
STATE OF CALIFORNIA l By'
COUNTY OF San Luis Obispo I S.S—
On MMICnfibtr ate,, a= before me,
%wu., , blanor%sh: P
a N ublic in and for said County and State, personally appeared
mtrd I n,aivcA M� +1CAWAlsi
colaaa,nri C. 7`I:Yr U,rr _ _udm+ rA&S
,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) ia(&-giIbscribed to the
within instrument wxLepknowiedged to me that he/she th.0 exec ad
signature(s) te on th instrument tlle�M�).
person(s), or the entity upon be I
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal –�1 ,,
Signature 36 J OQ " e
Richard Lo
Ric rd
Pr sid t
nc.
-f
SHERYL BLANKENSHIP
r COMM. #1188873
NOTARY PUBLIC - CALIFORNIA
SAN LUIS OBISPO COUNTY O
My Comm. Expires July 31, 2002
(This area for Vidal notarial seal)
MAIL. TAX SfATEh ENN'IS TO PARTY SHOWN ON FOId.OWING LINE; IF NO PARTY SHOWN, MALI VE
Name
Ctrer, AAAr,xs
City A State
EXHIBIT A
The Remainder of Tract 2193 in the City of San Luis Obispo, County of San Luis
Obispo, State of California per the map recorded in Book at Page of
Maps, excepting there from the Fuel Modification and Drainage Easements and
Emergency access easement as shown on said Map of Tract 2193.
Exhibit A - City
C10 -33
TRUSTEE OR BENEFICIARY CONSENT TO GRANT OF EASEMENT
Z21i- S14 e &C, 1\ is a j(Beneficiary) under Deed of
Trust(s) dated d2 8-Z — /955 executed by ,
recorded S- io - tfl f as Instrument Number(s)
MIT — D6S'40S of Official Records in the Office of the
County Recorder, County of San Luis Obispo, State of California. The Deed(s)
of Trust encumber(s) the real property described in the attached deed. As the
(Tittstee)(Beneficiary) of the said deed(s), (Tpdsteej(Beneficiary) hereby
consent(s) to the execution and recordation of the deed, and agrees that upon
recordation of the deed, wee= s)(Beneficiaryjs) interests in said real property:
(1) shall be subordinate to the deed.
Date: / ZZ olV
TfasteeBeneficiary err ce
Date:
C10 -34
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On November 28, 2000 before me, K. A. Klempke, Notary Public, personally appeared Steven Harding,
® personally known to me - OR - 0 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
52131111!11121tjqj 111,1!
the entity upon behalf of which the person(s) acted,
• ' K. A. KLEMPKE
•'•° COMM. @1MSt
NOTARY PUBLIC•CALIFORNIA 9
tltl tN LUIS OBIBPO COUNTY O
NY Comm. E;plros Nov. 5. 2003 "
executed the instrument.
WITNESS my hand and official seal.
JIT j 0' 7
PTIONAL
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 (PRINCIPAL)
❑ Individual
Corporate Officer
Title
Partner(s) Limited
General
Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
Absent Signer (Principal) is Representing:
ADM -005 (06/00)
DESCRIPTION OF ATTACHED DOCUMENT
Trustee or Beneficiary Consent to Grant Easement
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Name(s) Above
C10-35
TRUSTEE OR BENEFICIARY CONSENT TO GRANT OF EASEMENT
YUPMA lie A lam^- a (Tafste� Beneficiary) under Deed of
Trust(s) dated T , xecuted by r,AA j- 96? za4d zvU
recorded as Instrum nt Num er(s)
LQZ& of Official Records in the Office of the
County Recorder, County of San Luis Obispo, State of California. The Deed(s)
of Trust encumber(s) the real property described in the attached deed. As the
R:rdsti a (Beneficiary) of the said deed(s), P;masteo(Beneficiary) hereby
consent(s) to the execution and recordation of the deed, and agrees that upon
recordation of the deed, Rwstee`s)(Beneficiary's) interests in said real property:
(1) shall be subordinate to the deed.
Buena T r Pa a .P
Date: - BY' / , eral Partner
Trustee/Beneficiary
Date:
Trustee/Beneficiary
C10 -36
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On IV0jW &fV ;)2jLffl0 ,beforeme, KL C�( ra
personally
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(s) 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.
Signature �+^
C10 -37
legislative body to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision.
[Amended, Chapter 518, Statutes of 19821
66474.01. Approval of tentative maps where environmental
mitigations are Infeasible
Notwithstanding subdivision (e) of Section 66474, a local government may approve
a tentative map, or a parcel map for which a tentative map was not required, if an
environmental impact report was prepared with respect to the project and a finding was
made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
[Added, Chapter 738, Statutes of 1985]
66474.1. Final or parcel map must be approved If in substantial
compliance with approved tentative map
A legislative body shall not deny approval of a final or parcel map if it has previously
approved a tentative map for the proposed subdivision and 9 it finds that the final or parcel
map is in substantial compliance with the previously approved tentative map.
[Amended, Chapter 87, Statutes of 1982]
66474.2 Tentative map approval can only be based on standards
in effect when application is complete; exceptions
(a) Except as otherwise provided in subdivision (b) or (c), in determining
whether to approve or disapprove an application for a tentative map, the local agency
shall apply only those ordinances, policies, and standards in effect at the date the local
agency has determined that the application is complete pursuant to Section 65943 of the
Government Code.
(b) Subdivision (a) shall not apply to a local agency which, before it has
determined an application for a tentative map to be complete pursuant to Section 65943,
has done both of the following:
(1) Initiated proceedings by way of ordinance, resolution, or motion.
(2) Published notice in the manner prescribed in subdivision (a) of Section
65090 containing a description sufficient to notify the public of the nature of the proposed
change in the applicable general or specific plans, or zoning or subdivision ordinances.
A local agency which has complied with this subdivision may apply any ordinances,
policies, or standards enacted or instituted as a result of those proceedings which are in
effect on the date the local agency approves or disapproves the tentative map.
(c) If the subdivision applicant requests changes in applicable ordinances,
policies or standards in connection with the same development project, any ordinances,
policies or standards adopted pursuant to the applicant's request shall apply.
[Amended, Chapter 847, Statutes of 19891
66474.3. Approval if initiative likely to cause a default on
Infrastructure bonds; exceptions
(a) If the legislative body of a city or county finds, based upon substantial
evidence in the record, that any project for which a tentative map or a vesting tentative
map has been approved will be affected by a previously enacted initiative measure to the
extent that there is likely to be a default on land- secured bonds issued to finance
infrastructure on the project, the legislative body shall allow that portion of the project
served by that infrastructure to proceed in a manner consistent with the approved
tentative map or vesting tentative map.
(b) For purposes of this section, land- secured bond means any bond issued
pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of
the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12
(commencing with Section 10000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and
52
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A!-��� 6
i city of san Luis owspo
FINAL MAP APPROVAL CHECKLIST
PROJECT NAME rAx /-�
DESCRIPTION 35— 5Loyc --Ga f47Y(/- r `ors if9 /8�5" P�farry CY�r P
MAP NUMBER O� y� SPECIFIC PLAN REZONING GEN. PLAAN
USE PERMIT
VARIANCE
PUBLIC IMPROVEMENT CONDITIONS
ARC 1% I - O d OTHER
OTHER CONDITIONS
18
Board of Adjustments
19
Planning Commission
20
Architectural Review Commission
21
City Council
22
Abandonments
23
Other
Signing, striping and curb painting
_■
____
L20MWA
1
VA M
OTHER CONDITIONS
18
Board of Adjustments
19
Planning Commission
20
Architectural Review Commission
21
City Council
22
Abandonments
23
Other
ATTACH LIST OF CONDITIONS 3 SUBDIVISION AGRREMENT
52-91
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COMMUNIITYYDEVELOPMENTAPP V!% \J 64
y
PUBLIC APPROVAL