HomeMy WebLinkAbout02/06_1/2001, C5 - FINAL MAP APPROVAL FOR TRACT 2289, A 51-LOT RESIDENTIAL SUBDIVISION AT FULLER RD. & LARKSPUR STREET. [HERTEL & SONS, SUBDIVIDER] (CITY FILE # 166-98) Council " diisD�2- 6-011
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Agenda nEpoat 5
CITY OF SAN LUIS OBISPO 0
FROM: Michael D. McCluskey, Director of Public Works'W
Prepared By: Jerry Kenny, Supervising Civil Engineer GIL
SUBJECT: Final Map Approval for Tract 2289, a 51-lot residential subdivision at Fuller Rd. &
Larkspur Street. [Hertel & Sons, Subdivider] (City file# 166-98)
CAO RECOMMENDATION:
Adopt a resolution approving the Final Map for Tract 2289 and authorize the Mayor to execute the
subdivision agreement and accept a creek open-space lot on behalf of the City.
DISCUSSION:
A"vesting"tentative map for Tract 2289 was approved on August 17, 1999 per Resolution No.
8957 (1999 Series) [Attachment 31 to create 46 residential lots, a creek open space lot to be granted
to the City, two detention basin lots and two linear park lots to be owned and maintained by a
Homeowners Association.
Improvement plans have been approved by the Public Works Department, which include; standard
public sewer, water and typical utility company mains and services and frontage improvements
(curb, gutter and sidewalk). These improvements are currently under construction. Sidewalk will
be extended from this tract to Broad Street,on the south side of Fuller Road. Completion of the
remaining frontage improvements on the north side will be completed with development of the
respective adjacent parcels.
Fuller Road"offsite"acquisition
A condition of the tentative map required the acquisition of"offsite"rights of way to provide a total
of 56 ft. (17 m)of right-of-way between Larkspur Street and Broad Street to accommodate the full
pavement section and bridge. Fuller Road had been a 30 ft. wide"private road"right-of-way,per
the map of the original"Suburban Tract"and thus to meet the requirement the developer needed to
acquire additional right-of-way and dedicate all such land to the"public". In order that Fuller Road
meet City standards, four properties needed to dedicate or be acquired: 1)Cummings; 2)
Muscarella; 3) Blair/Wisberg; and 4)Hertel.
The City has previously received Fuller Road dedication for the "Cummings" and"Muscarella"
properties, which have been recorded. Hertel is dedicating all necessary right-of-way within its
ownership with this subdivision. The only remaining property therefore was the Blair/Wisberg
property. Hertel entered into negotiations to acquire most of this property because two exceptions
to total right-of-way exist. They are: 1)right-of-way under an existing storage/shop building on the
Blair/Wisberg property, which was specifically excepted, per Condition 1 of Resolution 8957 and,
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Council Agenda Report Tact 2289
Page 2
2)right-of-way under an existing operating water well serving the Blair/Wisherg property that was
unknown at the time of the tentative map approval. These remaining rights of way will be
dedicated upon eventual redevelopment of that property.
A deed for the Blair/Wisberg property has not yet been submitted to the City at the time of writing
of this report. However, staff has been informed by both parties that an agreement for purchase and
dedication is imminent. Staff has been assured that he deed will be delivered prior to the Council
meeting and, as such, the staff proceeded to prepare this report. The deed is the last item needed to
fulfill all conditions of the approved tentative map.
However, if the Blair deed is not received prior to the Council meeting, the City Attorney will
commence negotiations and/or initiate eminent domain proceedings, pursuant to the subdivision
agreement and as prescribed in the attached resolution. (Attachment 1) The final map cannot be
denied for failure to acquire required offsite rights of way not owned by the subdivider, unless the
Council finds that the subdivider has not pursued the dedication in a diligent manner. Staff believes
that the subdivider has proven due diligence in attempting to acquire said right-of-way.
The"Subdivision Map Act' (SMA) [Government Code Section 66462.51 specifically states that...
"Approval of a final map cannot be refused because of offsite improvement requirements on land
not belonging to subdivision or local agency". It further provides that the agency must acquire the
necessary right-of-way by negotiation or commence eminent domain proceedings within 120 days
of approval of the final map. [See excerpt in Attachment 4] Failure to acquire this right-of-way
through negotiation or filing of eminent domain proceedings within the 120-day timeframe would .
automatically"waive" the requirement. Although the provision to file such action is incorporated
into the Subdivision Agreement, staff believes,based upon discussions with both parties, this action
will not ultimately be necessary.
Homeowners Association
A condition of approval of the tentative tract map (Condition 21) requires annexation of this tract
into the existing Santa Lucia Hills Homeowners Association (HOA), "unless a majarityof the HOA
memherdni dnac not ct�nrt it". As a"secondary planning area"of the Edna-Islay Specific Plan
and because of the HOA bylaws,this property is not allowed to automatically"annex" into the
HOA. A vote of the HOA conducted in January resulted in a denial of annexation of Tract 2289
into the HOA. Therefore, a new homeowners association will be necessary to assume the
respective ownership and maintenance responsibilities, as required under the tentative tract
conditions.
Based on that possibility, the subdivider(Hertel & Sons) has prepared documents to incorporate a
"new" non-profit homeowners association specifically for this tract,called "The Willows at Islay
Hill Owners Association". The Covenants, Conditions &Restrictions (CC&Rs) for the new
association have been approved by the City Attorney and Community Development Department.
The new association will own fee title of two linear park lots, with responsibility to maintain certain
landscaping,bike and pedestrian paths, two storm drainage detention basins and a pedestrian/bike
path bridge crossing the creek channel.
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Council Agenda Report 'ract 2289
Page 3
Staff recommends approval of the new homeowners association, as provided for in Condition 21.
The new CC&R's will be recorded with the final map.
Reimbursement for public improvements
Tentative tract conditions of approval (Conditions 2, 11 and 12) provide for reimbursement to the
subdivider for any connections to sewer and water mains and/or for a share of the costs of the new
Fuller Road bridge -to be paid by any non-participating "benefiting" parties,as determined by the
Public Works Director. Staff is not aware of any non-participating parties at this time. However,
provisions in the subdivision agreement for this tract provide for such reimbursements, in
accordance with city regulations, when and if any non-participating property owners desire service
lateral connections to sewer or water mains constructed by this subdivider, obtain building permits
or subdivide properties that will utilize the new Fuller Road bridge.
Fiero Lane Sewage Lift Station
Tentative tract map Condition 12 requires a relatively deep gravity sewerage system for this tract to
convey effluent to a suitable point of discharge,thereby eliminating the existing temporary sewage
lift station at the intersection of Larkspur Street and Fuller Road. The Utilities Director has
determined that acquisition of the County-owned Fiero Lane sewage lift station would be
advantageous for the City, as well as an adequate point of disposal for this system and other
extensions southerly,to serve annexed parcels. Under an amended agreement for service to the
County airport facilities, the Council and the County Board of Supervisors approved City
acquisition of this sewage lift station. The"Larkspur" facility will be abandoned and removed as
part of this project.
Conclusion
The subdivider has submitted bonds to guarantee completion of all of the required public and
private subdivision improvements and has paid the required city fees, as listed in the attached
subdivision agreement.
Provisions to acquire the offsite right-of-way for Fuller Road (Blair parcels) are incorporated into
the subdivision agreement, pursuant to state law, if not received prior to recordation of the tract.
A new homeowners association will provide for ownership and maintenance of common
improvements, as prescribed in the tentative map conditions.
The final map has been found to be in substantial compliance with the approved tentative map.
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.
C5-3
Council Agenda Report Tact 2289
Page 4
ALTERNATIVES:
Option 1: Deny or defer approval of the final map, if the Council finds that conditions have
not been satisfactorily met.
FISCAL IMPACT:
Typical maintenance of"city-owned" facilities and creek maintenance is required.
CONCURRENCES:
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action. No other departments are affected.
Attachments:
1 -Draft resolution and subdivision agreement
2 - Map
3 -Resolution No. 8957 (1999 Series)
4 - Subdivision. Map Act excerpts
5 -Grant Deed to City(creek lot)
6-Final Map Approval Checklist
L\...\Council Agenda Reports\Final map approval for Tract 2289
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h �"eet� 2
RESOLUTION NO. (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2289
WHEREAS, the City Council made certain findings concerning Tract 2889, as
described in Resolution No. 8957 (1999 Series), and
WHEREAS, the subdivider has submitted Letters of Credit in the amounts of$950,000
(Faithful Performance) and$475,000(Labor& Materials) to guarantee installation of the required
subdivision improvements, per approved plans; and all fees have been received, as listed in the
attached subdivision agreement, marked"Exhibit A", and
WHEREAS,the required offsite rights of way for the Blair/Wisberg parcels,along the north
side of Fuller Road, as required per Condition 1 of the aforesaid resolution, will be acquired either
via direct acquisition by the Subdivider or by negotiation and/or use of eminent domain proceedings
by the City Attorney, and
WHEREAS, the Santa Lucia Hills Homeowners Association has denied annexation of this
tract into that association, and a new association (The Willows at Islay Hills Owners Association)
has been formed, as provided for in Condition 21 of the aforesaid resolution, and
WHEREAS, all other conditions required per said Resolution No. 8957 (1999
Series)have been met or are otherwise guaranteed, and
WHEREAS, the subdivider has requested reimbursement for service connections to sewer
and water mains constructed in Fuller Rd. and for a share of the cost of the new bridge in Fuller Rd.
by any non-participating property owners, pursuant to City regulations.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2889 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 accept
the deed for the creek lot(Lot 49).
If not successfully acquired by the Developer, the City Attorney is hereby directed to negotiate with
the owners of the offsite Fuller Road right-of-way parcels (Blair/Wisberg) to acquire said parcels on
behalf of the subdivider and/or shall commence eminent domain proceedings,in accordance with
California Government Code Section 66462.5 and the attached"Exhibit A", if acquisition is
acquired under reasonable terms, at the discretion of the City Attorney.
The Public Works Director is authorized to approve a reimbursement agreement with the
subdivider, pursuant to tentative map Conditions 2, 11 and 12, as appropriate, subject to submittal
of a"Letter of Participation"by the subdivider and other supporting documents, in accordance with
City regulations.
C5-5
Resolution No. (2001 Series)
Page Two
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.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
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L\...\Council Agenda reports\Final map approval for Tract 2289
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A If
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2000 by and
between Goldenrod, 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 2289, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2000.
The Subdivider desires that said Tract No.2289 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 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 $950,000.00 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 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
C5-9
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 ($475,000) in
accordance with State law .
Said Subdivider has paid an inspection fee of$59,333.00 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.
C5-10
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Goldenrod LLC
a California Limited Liability Company
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
TT RN� J rey G. Jorgensen
APPROVED AS TO CONTENT
4CTY PUBLIC W0F S DIRECTOR
a California limited liabi ity ompany,
By:
on re
-By:
Robert F ler, ce President
Date:
C5-11
EXHIBIT 1
TRACT 2289
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4,500.00 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 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 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 landscaping and fencing in
detention and bike and pedestrian path areas (lots 50 and 51) per
the approved landscape and site plans and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements . He shall also make provisions for
the Homeowners Association to maintain the landscaping in the
detention basins and bike path areas and the pedestrian bridge.
6 . The detention basins on Lots 47 and 48 shall be owned and
maintained by the Homeowners Association in accordance with
condition 24 of Council Resolution No. 8957 (1999 Series) and
C.C. &R. annexation being recorded with the final map.
7 . Lot 49 is being dedicated to the City in fee for creek and open
space purposes. The subdivider is responsible for installation of
the culvert and erosion protection, maintenance and guarantee etc
per the plans and current edition of city standard specifications.
8 . The subdivider shall inform home buyers of the need to preserve
turtles and avoid non-native plants per Mitigation Measures 6, 7
and 8 of Council Resolution No. 8957 (1999 Series) . Information to
be given to the home buyers via a homeowners manual and included
in the public report with the C.C.& Rs .
9 . The subdivider shall be responsible for all costs of right-of-
way acquisition including condemnation proceedings if necessary
for Fuller Road per Condition 1 of Council Resolution No. 8957
(1999 Series) .
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10 . The subdivider is entitled to reimbursement for sewer and
water mains that serve non-participating properties in accordance
with city regulations.
11. The subdivider is entitled to reimbursement for Fuller Road
bridge per condition 2 and city regulations .
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EXHIBIT 2
TRACT 2289
THE WILLOWS/ GOLDENROD
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $950, 000 Bond # 83C6"�D (owe0
Labor & Materials $475, 000 Bond # 9TO68O l�y/OaGJ
(50% of total cost
of improvements) la zc
Monument Guarantee $4, 500 Bond # S,30,02-- � 00
Erosion Contingency $5, 000 CD 2/11/2000
H.B.
Fees:
Map Check Fee $4, 527 12/7/99
H.B.
Plan check Fee $14, 539 12/07/99
H.B.
Inspection Fee $59, 333 Paid $10, 000 4/6/2000
($1422+6. 1% of $949,354) $49, 333 (Paid 6/29/00)
H.B.
Park-in-Lieu Fee $165, 324 6/29/00
H.B.
Sewer Lift Station Fee $2944 . 09 6/29/00
($131. 55 X 3 X 7 .46 Acres) H.B
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2289 Subdivision Agreement
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RESOLUTION NO. 8957 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 166-98, SUBDIVIDING A 14.66-
ACRE SITE INTO 46 RESIDENTIAL PARCk S N-D OTHER OPEN SPACE AND
DETENTION BASIN LOTS AT THE SOUTHEAST CORNER OF FULLER ROAD AND
BROAD STREET (TR 166-98, County File No. 2289
WHEREAS, the Planning Commission conducted a public hearing on April 14, 1999
and recommended approval of Vesting Tentative Tract Map TR 166-98; and
WHEREAS, the City Council conducted a public hearing on June 15 and August 17,
1999 and has considered testimony of other 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 Edna-Islay Specific Plan, the Zoning Regulations, and other applicable City
ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the Planning
Commission.
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 project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgement of the City Council. The Council
hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation
measures into the project:
1. A detailed soils engineering report shall to be submitted as part of the grading and building
permit applications. The soils report shall include: data regarding the nature, distribution
and strength of the existing soils, conclusions and recommendations for grading procedures
including such recommendations to ensure that there are no impacts to the creek, and design
criteria for corrective measures,when necessary. Grading and building must be designed and
performed in compliance with the soils engineering report.
2. The subdivider shall provide the Director of Public Works with a detailed hydraulic analysis
which indicates how the project drainage facilities will be developed to meet City standards
that ensure the proposed development will not significantly impact adjacent and downstream
properties.
The analysis must address and identify:
The existing public and private drainage facilities creek ca acitiesorder to provide
design criteria that meet City standards. The proposed development shall not create a
situation which increases flooding potential downstream.
C5-16
Resolution No. 8957_ (1999 Series)
Page 2
situation which increases flooding potential downstream.
The subdivider shall identify any areas within the project subject to inundation during a 100-
yr storm and process and complete a Federal Emergency Management Agency Letter of Map
Revision (LOMR) to include this property on the City's Flood Insurance Rate Map prior to
final acceptance of the development, to the satisfaction of the Director of Public Works. 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 Director
of Public Works. The areas subject to flooding shall be noted on the final map.
3. The property owner shall grant an avigation easement to the County of San Luis Obispo via
an avigation easement document pr pared by the County.
4. Prior to the issuance of a building permit, the applicant shall mitigate the loss of Co_ngdon's
tarplant habitat through a transplanting program approved by the Natural Resources Manager
or by participation in a City initiated program to maintain plants (transplanted by seed from
the adjoining Goldenrod Annexation site) and experiment with habitat management
techniques at the City's Wastewater Treatment Plant.
5. A pre-construction clearance survey shall be conducted by a qualified biologist prior to
ground disturbance to assure that Western Pond turtles are not present within the construction
zone. If turtles are found, the turtles shall be removed out of the construction zone and
placed in a safe, suitable habitat within the lower creek.
6. An educational brochure or other materials shall be provided to each of the households within
the development that will provide information regarding the correct procedures for protecting
the Western Pond turtles. Background information may be obtained from the Final Report of
the Arbors at Islay Hill Southwestern Pond Turtle Study, Hunt and Bowland, March 1995.
7. A specific contact person shall be designated, either a resident within the development or
someone with an appropriate agency. The name and telephone number of the contact person
should be provided to all residents of the development, and included in the educational
information and on any signs regarding the turtle habitat. The contact person should be
encouraged to maintain records of turtle sightings, including the specific location and
circumstances of the sightings and explanation of what, if any, action was taken. Turtle
harassment must be reported to the California Department of Fish and Game.
8. All residents should be discouraged from using invasive non-native plants in the landscaping
areas adjacent to the creeks.
9. To ensure protection of the creek corridor, prior to the issuance of a grading permit the
applicant shall mark the edge of grading with snow fencing to the satisfaction of the Natural
Resources Manager.
10. Site development shall include a solid waste recycling plan for recycling discarded building
materials such as concrete, drywall, wood and metals from the construction site. The plans
C5-17
Resolution No. 8957 (1999 Series)
Page 3
must be submitted for approval by the Community Development Director prior to building
permit issuance.
11. The final project shall be designed to include interior and exterior recycling.
12. All graded surfaces shall be wetted, protected or contained in such a manner as to prevent
dust or spill upon any adjoining property or street. The following measures shall constitute
the project's dust management plan and shall remain in effect during all phases of project
construction:
a. Regular wetting of roads and graded areas (at least twice daily with complete
coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 m.p.h.;
c. Cessation of grading activities during periods of winds over 25 m.p.h;
d. Direct application of water on material being excavated and/or transported on-site or
off-site;
e. Watering material stockpiles;
f. Periodic wash-downs or mechanical street sweeping of streets in the vicinity of the
site; and
g. Non-potable water is to be used in all construction and dust-control work.
SECTION 2. Findings That this Council, after consideration of the Vesting Tentative
Tract Map TR 166-98 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 and the Edna-Islay Specific Plan which call for single family residential development
and circulation connections (Fuller Road, the pedestrian bridge and creekside bike path) in
this area.
2. The site is physically suited for the type/density of development allowed in the R-1-SP zone.
3. As conditioned, 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.
4. An initial study of environmental impacts was prepared by the Community Development
Department on March 27, 1999, describing potential environmental impacts associated with
the subdivision of the property. The initial study concludes that with mitigation measures,
the project will not have a significant adverse impact on the environment.
SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map for
TR 166-98 (Tract 2289) is approved subject to the following conditions and code requirements:
(Tentative Map Conditions)
1. Off-site dedication of property for public right of way purposes is required to facilitate full
C5-18
Resolution No. 8957 (1999 Series)
Page 4
street improvements for Fuller Road except under the existing storage building as shown on
the Tract 2289 Road Exhibit. The dedication shall also accommodate any existing wells.
The subdivider shall exhaust all avenues available to acquire said public R/W dedication. If
the subdivider cannot obtain the property as public R/W, the City Council shall lend the
subdivider its powers for condemnation to acquire the off-site R/W dedication, including any
necessary slope and drainage easements. If condemnation is required, the subdivider shall
pay all costs associated with the off-site R/W acquisition (including attorneys and court
costs).
2. The subdivider shall design and install (at its ultimate location) a new bridge over Lower Fork
Creek on Fuller Road. The new bridge shall provide a City standard sidewalk, curb and gutter
on each side and four 6" conduit sleeves (two on each side) in addition to that which is
necessary for gas electric, telephone and cable TV, to the satisfaction of the Director of Public
Works. If requested by the subdivider, a reimbursement agreement can be created that requires
adjacent developments to pay a pro-rata share of the actual bridge costs.
3. The design of the emergency vehicle tum-around on Goldenrod Lane shall be acceptable to the
Fire Chief,Community Development Director and Director of Public Works.
4. If the properties fronting on Broad Street remain within the tract boundaries, vehicular access
rights along Broad Street shall be dedicated to the City, except at existing driveways.
5. Vehicular access rights on Fuller Road shall be dedicated to the City.
6. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each
lot. The subdivider shall also dedicate a 3m wide street tree easement across the frontage of
each lot. The overlapping easements shall be adjacent to and contiguous with all public right
of way lines bordering each lot.
7. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works. The design of said lighting systems shall be coordinated by the
developer between the City and PG&E so as to minimize the amount of City owned conduit
and wiring system, to the satisfaction of the Director of Public Works.
8. All internal streets shall be designed with 17m of R/W, 1 lm curb to curb and a 3m parkway
on each side. The structural street sections shall be designed using a TI=7.0.
9. Sewer lift station charges shall be paid prior to recordation of the final map as determined by
the Utilities Engineer.
10. The final grades and alignments of all public water, sewer and storm drains (including
service laterals, meters, fire hydrants, etc.) are subject to change to the satisfaction of the
Director of Public Works and Utilities Engineer.
11. The City will participate in any line up-sizing of public water mains (increases above the size
C5-19
i
Resolution No. 8957 (1999 Series)
Page 5
required to provide fire flow or the City's 8" minimum, whichever is larger).
12. A gravity sewer system shall be desi r� and constructed to serve this development that will
connect to an existing manhole in Broad St. (State Hwy. 227) at El Capitan or other location
determined by the Utilities Director that will be compatible with the master sewer plan for
the Airport Annexation Area. Creek crossings shall include properly designed sewer siphons
and/or culverted crossings, subject to approval by the respective jurisdictional agencies.
An alternative design may be allowed, at the discretion of the Utilities Director. Use of the
County Airport lift station in Fiero Lane would be allowed only if it is determined to be in an
appropriate location and needed to serve this area of the City (within the Urban Reserve
Line). This would be subject to acceptable modifications to the existing agreement between
the County and the City that would transfer ownership of the lift station and force main to the
City to serve the tributary area. Any required retrofitting and/or refurbishment of the existing
lift station and force main to serve this tract and other tributary areas, as determined by the
Utilities Director, and preservation of the capacity allocated to the County to serve the
County Airport per the existing agreement, shall be incorporated into the project plans. If an
acceptable modification to the existing agreement between the City and the County cannot be
reached, a new lift station may be required at a location agreeable to the Utilities Director.
The Utilities Director reserves the right to decide which of the above alternatives is the most
beneficial and feasible to serve this general area, based on the final Airport Annexation Area
Sewage Master Plan.
The subdivider shall be entitled to reimbursement for any excess costs associated with any
over-sizing of sewer mains, retrofitting of the existing County sewer lift station and force
main or a new lift station, where such greater capacity is required by the City, in accordance
with City regulations.
13. All bridging, culverts and modifications to the existing creek channels shall be in compliance
with the City's Flood Management Policy Book (specifically regarding clear spanning of
creeks, etc.) and approved by the Director of Public Works, Corp. of Engineers and Fish &
Game and must meet City standards and policies.
14. Any necessary clearing of existing creek and drainage channels, including any tree pruning
or removals, and any necessary erosion repairs shall be done to the satisfaction of the
Director of Public Works, Natural Resources Manager, Corp. of Engineers and the Dept. of
Fish & Game.
15. All lots shall be graded to preclude cross-lot drainage, to the satisfaction of the Director of
Public Works.
16. The final plans shall show a bike path connection between the western end of"A" St. and the
creek side bike path. A curb ramp(with bollards) shall be installed to facilitate this connection.
C5-20
Resolution No. 8957 (1999 Series)
Page 6
17. Bike path improvements shall be consistent with the Edna-Islay Specific Plan and the
existing bike path improvements for Tract 1750. The bike path and pedestrian bridge shall be
owned and maintained by the Home Owners Association.
18. All boundary monuments, lot comers 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, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the Director of Public Works.
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 Director of Public Works.
19. All development of this site shall be consistent with the Edna-Islay Specific Plan, except as
approved by the City Council.
20. Manholes shall be shown on improvement plans in lieu of clean outs.
21. The subdivision shall be annexed to the Santa Lucia Homeowners Association. If
annexation is not supported by a majority of the Santa Lucia Homeowners Association, the
developer shall create a homeowners association for this subdivision.
22. The applicant shall process a lot line adjustment separating the residential portion of the
subdivision from the existing commercial area. The property line separating these two areas
shall be approximately the centerline of the creek.
23. The creek areas shall be delineated as separate lots and shall be dedicated to the City with
appropriate access, as determined by the Director of Public Works.
24. All detention basins and related improvements shall be located within lots separate from the
creek lot and shall be owned and maintained by the Homeowners Association.
25. The proposed detention basins shall be graded in such a way as to look natural, rather than
manufactured. The applicant shall make every effort to design the basins so they do not
require fencing. If fencing is necessary, the fencing design shall be approved by the
Community Development Director and/or Architectural Review Commission.
26. Access to the northern basin should be from Fuller Road. Access to the southern basin
should be from Goldenrod Lane, to the satisfaction of the Natural Resources Manager and
C5-21
Resolution No. 8957 (1999 Series)
Page 7
Public Works Director.
27. Access road and Fire Department turnaround surface material shall be grasscrete or similar
material approved by the Director of Public Works, the Community Development Director,
Fire Chief and Natural Resources Manager.
28. Lots 41, 42, 43, and 44 shall be accessed via a private common driveway with appropriate
easement and maintenance agreement.
29. To the maximum extent feasible, all construction traffic shall be routed from Broad Street
via Fuller oad.
30: U
31. The tentative map shows drainage improvements extending off-site into the creek on the
adjacent property located to the south. The drainage system for this development shall be
contained within the limits of the subdivision boundaries.
32. The existing London Plane Tree located in the vicinity of Lot 28 shall be located on project
development plans and preserved as a site amenity.
33. As a part of the architectural review process, the Architectural Review Commission shall
review the project's proposed fencing, pedestrian bridge,bikepath(including accessway from
pedestrian bridge to Goldenrod Lane) and streetscape design. Fencing on Fuller Road and
Larkspur Street shall not be located or designed in such a way that the development appears
to turn its back to the street. In addition, fencing at these locations shall include operable
gates to allow for property owner maintenance of these areas.
34. The developer shall disclose to potential purchasers of lots that the neighboring property is
zoned Service-Commercial (C-S) and provide potential purchasers with a list of C-S allowed
uses.
35. The subdivider shall provide a pedestrian bridge (and connecting pathways) crossing Middle
Fork Creek, to the satisfaction of the Public Works Director,Natural Resources Manager, and
Community Development Director. The bridge shall be elevated above the creek consistent
with City standards.
36. The sidewalk on the south side of Fuller Road shall be extended to Broad Street.
37. Caltrans shall review and approve any proposed improvements to the intersection of Broad
Street and Fuller Road.
38. On-street parking shall be eliminated on the south side of Goldenrod Lane west of the Fire
Department turn-around where housing on the south side of the street is no longer proposed.
Landscaping and split-rail fencing shall be located behind the sidewalk in this area.
39. The applicant shall work with City staff to incorporate traffic calmin measures (ie.
5-22
Resolution No. 8957 (1999 Series)
Page 8
bulbouts) into the Fuller Road design at the intersections of Larkspur Street and"A" Street.
(Code Requirements)
1. Architectural review is required for the design and location of the new homes and fencing in
the subdivision.
2. As required by the City's Creek Setback Ordinance, no structures (except approved property
line fencing with an open design) shall be placed within 20 feet from top of bank of edge of
riparian vegetation, whichever is greater.
3. 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 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.
4. Complete street improvements shall be constructed in accordance with the most current City
regulations, Standard Engineering Details and Standard Specifications (6' wide integral curb,
gutter sidewalk & driveway ramps, full street pavement, signing, striping, street lighting,
barricades, etc.).
5. Street trees shall be planted in accordance with City Standards and Policies at the time of
development of each lot, to the satisfaction of the City Arborist and Natural Resources
Manager. Species shall be Cape Chestnut, Honey Locust, New Zealand Christmas Tree, and
Coast Live Oak. Street trees located on the south side of Goldenrod Lane adjacent to the City
open space shall be riparian in nature and approved by the Natural Resources Manager.
6. The applicant shall pay park-in lieu fees consistent with SLO Municipal Code Section
16.40.080.
7. Streets must be named as part of the final map approval process. The subdivider shall submit
a minimum of three street names for review by the Community Development Department, in
accordance with the Street Name and Address Regulations.
Upon motion of Mayor Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
C5-23
Resolution No. 8957 (1999 Series)
Page 9
The foregoing resolution was adopted this 17th day of August, 1999.
Mayor llen Settle
ATTEST:
I r
Lee Price, City Clerk
APPROVED AS TO FORM:
7a . Jor &sj r Afrney
664625. Approval of final map cannot be refused because of
offsite Improvement requirements on land not belonging
to subdivision or local agency
A city, county, or city and county shall not postpone or refuse approval of a final
map because the subdivider has failed to meet a tentative map condition which requires
the subdivider to construct or install offsite improvements on land in which neither the
subdivider nor the local agency has sufficient title or interest, including an easement or
license, at the time the tentative or final map is filed with the local agency, to permit the
improvements to be made. In such cases,the city, county or city and county shall, within
120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation
or commence proceedings pursuant to Title 7(commencing with Section 1230.010)of Part
3 of the Code of Civil Procedure to acquire an interest in the land which will permit the
improvements to be made, including proceedings for immediate possession of the
property under Article 3(commencing with Section 1255.410)of Chapter 6 of such title. In
the event a city, county, or city and county fails to meet the 120-day time limitation, the
condition for construction of offsite improvements shall be conclusively deemed to be
waived. Prior to approval of the final map the city, county,or city and county may require
the subdivider to enter into an agreement to complete the improvements pursuant to
Section 66462 at such time as the city,county, or city and county acquires an interest in
the land which will permit the improvements to be made.
Nothing in this section precludes a city,county,or city and county from requiring a
subdivider to pay the cost of acquiring offsite real property interests required in
connection with a subdivision.
'Offsite improvements,` as used in this section, does not include iprovements
which are necessary to assure replacement or construction of housing for persons and
families of low or moderate income, as defined in Section 50093 of the Health and Safety
Code.
[Amended, Chapter 910,Statutes of 1983]
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 if it finds that the final or parcel
map is in substantial compliance with the previously approved tentative map.
[Amended,Chapter 87, Statutes of 1982]
C5-24
e �
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
R.W.Hertel&Sons,Inc.
75 Higuera Street,#165
San Luis Obispo,CA 93401
DOCUMENTARY TRANSFER S SPACE ABOVE THIS LINE FOR RECORDER'S USE
( ) Computed on the consideration or value of property conveyed;OR
( ) Computed on the consideration or value less liens or encumbrances '
( ) remaining at time of sale. Signature of Declarant or Agent determining tax- Firm Name-
First American Title
APN: 053-412-001 and 053-412-003
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GOLDENROD,LLC, a California limited liability corporation
hereby GRANT(S)to THE CITY OF SAN LUIS OBISPO, a Municipal Corporation
the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
Lot 49 of Tract No. 2289,in the City of San Luis Obispo,County of San Luis Obispo,State
of California, according to map recorded ,in Book ,Page
of Maps,in the office of the County Recorder of said county.
Dated: F- 9- o 0
GOLDENROD,LLC,a Calif a limited liability corporation
Ron ertel,Pres'
Robert Fowler, ce Presi ent
C5-25
State of California
County of Ventura
on August 9, 2000 before me, Carol J. Laufer Notary Public
personally appeared Ron Hertel and Robert Fowler personally known to
me( )to be the person(s)whose name)Care
subscribed to the within instrument and acknowledged to me that k/*t/they executed the same in
1 kVW/their authorized capacity(ies),and that by I*A*/their signature(s)on the instrument the
person(s)or the entity(ies)upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and Official Seal
CAROL J. LAUFat
Commission# 1260131
Notary Public-CcMarrp
Ventura Cowry
Signature @Mvcomm.Bpkw�pry.
ABOVE RESERVED FOR OFFICIAL NOTARYSEAL
C5-26
II city Of Sal I IUIS OBISPO
leis FINAL MAP APPROVAL CHECKLIST
PROJECT NAME __ 7-ke Of lIOwc �-
DESCRIPTION A c i- c E f/oM14 r �/a j- 7-a4c r 5c v T7al a F Fv�c ex
MAP NUMBE // ECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
9 DESCRIPTION INITIAL DA COMMENTS
1 GRADING Including planting &retaining walla C_ j '
2 STORY DRAINS&DRAINAGE STRUCTURES
3 SEWERS&SERVICES r ..
4 WATERLINES A SERVICES
5 1 FIRE HYDRANTS li r
8 CONCRETE rc r
Curbs and Gutters << <r
Sidewalks
Driveways
7 STREETS A PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E.—Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED Olilalow,Sewer)
10 PUBLIC IMPROVEMENTS payments received �
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION t dK
13 STREET TREES f
14 OFFSITE WORK.
15 BONDIGUARANTEE deposited
18 PARK deAleelleerewin Ileu fees w
17
OTHER CONDITIONS
18 Board of Adjustments
X10- 19 Planning Commission
4 20 Architectural Review Commission
.DE 21 City Council Ft,
Ac
22 Abandonments
23 Other
ATTACH LIST OF CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY OE1/ELOPMENT AP IOVA
5241PUBLIC SEN-Om-APPROVAL