HomeMy WebLinkAbout06/17/2003, C9 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT 1750 (UNIT 5), A 60-LOT RESIDENTIAL SUBDIVISION AT council ft D� 'June 17,2003
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CITY O F SAN LUIS O B I S P O
FROM: Michael D. McCluskey, Public Works Direct�k` '�
Prepared By: Robert Livick, Interim Supervising Civil Engineer r"
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT
1750 (UNIT 5), A 60-LOT RESIDENTIAL SUBDMSION AT
SPANISH OAKS DRIVE NEAR WAVERTREE STREET; R.W.
HERTEL AND SONS, INC., SUBDIVIDER.
CAO RECOMMENDATION
Adopt resolution (Attachment 1) accepting the public improvements and releasing the bonds for
Tract 1750 (Unit 5) (Vicinity Map, Attachment 2).
DISCUSSION
The required subdivision improvements approved with the tentative map, per Resolution No.
6874 (1990 Series) approved September 18, 1990 (Attachment 3), have been completed to City
standards and specifications. The subdivider has requested acceptance of the public
improvements by the City and release of the respective sureties. Public improvements included a
vehicular bridge on Spanish Oaks Drive, a pedestrian bridge to the existing path system, storm
drains, sewer, water and typical utility company mains and services and frontage improvements
(curb, gutter and sidewalk).
The final map for Tract 1750 (Unit 5) was approved, per Resolution No. 8848 (1998 Series), on
February 6, 2001 (Attachment 4). Included with the final map approval was a subdivision
agreement that allowed the Subdivision Labor and Materials and the Faithful Performance bonds to
be released upon City Council acceptance of the subdivision improvements and upon receipt of a
guarantee for ten percent of the cost of the public improvements. The cost of the public
improvements was estimated to be $757,200. The subdivider has provided a surety bond in the
amount of$75,720.
This guarantee is to insure that the subdivider will remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements occurring
within twelve (12) months after subdivision acceptance,in accordance with City Council Resolution
9148 (2001 Series) and Sections 66499.7 and 66499.9 of the Government Code of the State of
California.
CONCURRENCES
The Community Development Director concurs with the recommended action.
Council Agenda Report—Final Acceptance of Tract 1750(Unit 5)
Page 2
FISCAL IMPACT
Typical maintenance and operation of public facilities will be required for street, sidewalk, sewer
and water infrastructure. The cost for maintenance and operation of the sewer and water facilities
will be offset by the monthly service charges. The costs for street maintenance and other non-
enterprise fund items such as park services, fire protection and police protection are general fund
costs.
ALTERNATIVES
Option 1: Deny acceptance of the public improvements if the Council finds that any conditions
have not been satisfactorily met.
Attachments
1 - Draft resolution
2 - Vicinity Map
3 - Resolution No. 6874 (1990 Series)
4 - Resolution No. 8848 (1998 Series)
i:\-council agenda reports\2003 agenda reports�uansportation and developmrnt review ftcburn)tcar final acceptance of public mtpmvonents-tract 1750 unit 5.doc
Attachment 1
RESOLUTION NO. (2003 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1750 (Unit 5)
WHEREAS, the City Council made certain findings concerning Tract 1750 (Unit
5), as
prescribed in Resolution No. 6874 (1990 Series); and
WHEREAS, the City Council approved the final map for Tract 1750(Unit 5)per
Resolution No. 8848 (1998 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 1750 (Unit 5), in accordance with City standards, specifications and the
subdivision agreement, and has requested acceptance of the public improvements for
maintenance and operation by the City.
NOW THEREFORE, the City Council hereby accepts the public improvements
for Tract No. 1750 (Unit 5). The current Faithful Performance surety is hereby reduced
to $75,200, being ten percent of the total cost of the public improvements, to be held for
one year from this date, in accordance with the subdivision agreement. The Labor &
Materials surety may be released at this time, since the conditions of Section 66499.7 of
the California Government Code have been met.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this_day of 2003.
ATTEST:
Mayor David F. Romero
City Clerk Lee Price
Approved as to Form:
&tylttomey Jonathan P. Lowell
i:lcouncil agenda reports\2003 agenda reportAtransportation and development review(boch=)15na1 acceptance resolution-tract 1750(Unit 5).doc ^ 2
Attachment 2
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., •� _, Attachment 3-1
RESOLUTION NO. 6874 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING
245 SINGLE-FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS,
AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY,
ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS
(TRACT 1750)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION I. Findings. That this council, after
consideration of public testimony, the subdivision request Tract
1750, the Planning Commission's recommendation, 'the Architectural
Review commission's action, the Cultural Heritage Committee's
recommendation, the Parks and Recreation Commission's
recommendations, and staff recommendations and reports thereon,
makes the following findings:
1. The design of the tentative map and the proposed
improvements are consistent with the general plan and
specific plan for the Edna-Islay'area.
2. The site is physically suited for the type and density of
development allowed in an R-1-PD-SP and an R-2-PD-SP zone.
3 . The design of the subdivision and the proposed improvements
are not likely to cause serious health problems,
substantial environmental damage or substantially Wand
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements
will not conflict with easements for access through (or •use
of the property within) the proposed subdivision.
3 5. The Community Development Director has determined that the
proposed 'subdivision is substantially in compliance with
the Edna-Islay Specific Plan.
6. The City Council certified an environmental impact report
for the Edna-Islay Specific Plan in 1982 and has considered
that EIR and the addendum prepared to incorporate minor
modifications between Tract 1750 and the specific plan, and
finds that those two documents in combination are
Attachment 3-2
Resolution no. 687y (1990 Series)
Tract 1750
Page 2
sufficient to assess any environmental impacts which would
result trom project approval, and that the record as a
whole contains substantial evidence to support a
determination that the minor modifications to the project
approved by the Community Development Department are not
so substantial as to require major modifications to the EIR
and that the preparation of an addendum is sufficient.
7. This subdivision map approval requires the subdivider to
expend in excess of the amount specified in Government Code
section 66452.b(a) for public improvements outside the
property.
8. The increase in population near Islay Hill created by the
development of Tract 1750, and the granting of an easement
over the . open space portions of Islay Hill within the
boundaries of Tract 1750, allowing public use of the
hillside, will lead to greater recreational use of the
hillside.
This increased use may need to be supported by physical
improvements on the hillside in the form of trails,
fencing, signing, or other improvements to increase public
enjoyment of the recreational use. It is reasonable for
the developer of Tract 1750, therefore, to pay to the city
the cost of installing trails on the hillside, to be used
for the purpose of providing physical improvements as
described above.
9. The proposed use of sound walls perform equally or better
than the concept shown in the specific plan, and the walls
are visually acceptable.
10. The various approval and reporting requirements established
by either existing city processes or specific conditions
of approval satisfy any applicable mitigation monitoring
program requirements and reduce the project's environmental
impacts to an acceptable level.
SECTION 2. The tentative map for Tract 1750 is approved
subject to the following conditions,_
1. Multiple final maps must be filed, in accordance with the
phases shown on the approved tentative map. Development
of the project is subject to existing city growth
management regulations, not to exceed 94 building permits
per year or one phase per year (phases 1 and 2 shall be
considered one phase) , whichever is more restrictive. Time
extensions for final map approval may be granted by the
city, up to the limits imposed by the Subdivision Map Act.
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Attachment 3-3
Resolution no. 6874 (1990 Series)
Tract 1750
Page 3
2. Development of the subdivision must be in accordance with
the Edna-Islay Specific Plan, except as specifically shown
on the tentative maps approved by the council on (date) or
as conditioned herein.
Fire Department requirements:
3. Fire protection facilities required by -the fire department
are to be installed by the developer. Such facilities,
including , all access roads, shall be installed and made
serviceable prior to and during the time of building
construction.
4. Hydrants are to be spaced at 500' maximum intervals.
h /
S. The subdivider shall pay $60; 000 to the city for a fast
P t0 response vehicle with off-road capability, to serve this
area. Payment of $60,000, adjusted for inflation between
tentative map approval and time of payment, shall be made
prior to approval of the final map for phase 6•.
6. All structures will require an approved, automatic fire-
sprinkler system, to the satisfaction of the Fire
Department. Minimum water services shall be one-inch
diameter. 1.
7. The developer shall fund $10, 000 for their share of the
cost of a device that lets , Fire Station 3 know when
railroad tracks are blocked by a train at Orcutt Road, or
for three Opticom intersection controllers for responding
fire apparatus.
8. A 201-wide paved access road shall be provided through lots
183, 184, and 185 to provide access to the open space area,
to the satisfaction of the Fire Department and City
Engineer.
9. Emergency access to the Islay Hill open space shall be
provided to the approval of the Fire Department.
Creek and detention basin requirements:
10. A minimum setback of 20' from the creek top of bank is
required for rear property lines or any improvements,
except for setbacks. in a 320' -wide section shown on the
Creek Treatment Concepts Plan, approved as part of the
tentative map, which shall be a minimum of 101 . No part
of the ten-foot buffer area is within the creek protection
area.
Attachment 3-4
Resolution no. 6874 (1990 Series)
Tract 1750
Page 4
11. A creek protection and restoration plan must be submitted
with phase one improvement plans to the approval of the
City Engineer and Community Development Director, along
with improvement plans, consistent with the approved Creek
Concepts Plan. Such plan must show improvements to the
creek area included in the creek maintenance easement or
extending from the rear lot lines to the lot lines across
the creek, whichever is greater. Plans shall show all
landscaping and erosion protection methods. The protection
and improvement plan shall include a schedule for
implementation.
The top-of-bank buffer improvements adjacent to the turtle
habitat shall be installed as soon as possible to provide
immediate protection for the existing turtle population.
12. The creek crossing methods proposed for the
bicycle/pedestrian paths And, for Orcutt Road must be within
the guidelines established in the Flood Management Policy
adopted by the city, unless an alternative is specifically
approved by the council. _
13. Fish and Game and Corps of Engineers permits shall be
obtained if required, for work within the creek and for
crossing the. creek near the intersection of A Street and
Orcutt Road.
14. A team shall be established to select a consultant and
monitor a turtle habitat study. The team shall be made up
of representatives of the Department of Fish and Game, the
San Luis Obispo Urban Creeks Council, the Community
Development Department, and the project applicant.
The team shall assist the city in selecting a qualified
consultant to conduct a turtle habitat study. The turtle
study should focus on the following goals:'
a. Identify the essential habitat for the turtles (and
by extension, the frogs) .
b. Determine the size of the turtle population on
site, age and sex characteristics, and attempt to
identify nesting areas.
c. Identify specific essential habitat preservation
areas, if any, within the area designated as lots
184 through 206 on the tentative map, which should
be incorporated into the final project design.
� b
U'-- Attachment 3-5
Resolution no. 687y (1990 Series)
Tract 1750
Page 5
d. Recommend any additional habitat protection
'techniques to be incorporated into the final
project design.
Funding, not to exceed $10,000, shall be provided by the
applicant. The study period will continue for a maximum
of 24 months, with a 27-month time limitation for both the
study and determination of. implementation measures to 'be
required of the developer. The study. period is to begin
when the consultant is hired and begins work. Where a
consensus or majority decision cannot be reached within the
study team, the Community Development Director shall make
the decision.
No work, except for temporary improvements that limit human
access to the riparian habitat, shall be conducted within
the study area, as defined on the Creek Concepts Plan
approved as part of this subdivision, prior to completion
of the turtle study. The need for additional environmental
review prior to approval of the final maps for phases 5 and
6 is to be determined by the Community Development
Director, and is subject to normal appeal procedures. All
necessary studies, enhancement measures, and site changes
shall be identified and reviewed by the City Council prior
to the recordation of final maps for phases 5 and 6.
The site design of lots 184 through 206 and the adjacent
streets will be adjusted in conformance with the
recommendations of the turtle study and to the satisfaction
of the Community Development Director and the California
Department of Fish and Game.
15. The design of the bicycle path within the creek
preservation area at' the southerly end of the public park
must be in accordance with Fish and Game recommendations,
as shown on the Creek Treatment Concepts plan, approved as
part of this map, to minimize disturbance of the creek
preservation area.
16. The creek banks adjacent to Tract 1376 shall be revegetated
in accordance with the Creek Treatment Concepts Plan
approved as part of the tentative map. Work shall be
completed prior to acceptance by the city of maintenance
of the area, to the satisfaction of the Public Works
Department.
17. The detention basin must be designed per standards
established by the Edna-Islay Specific Plan and to the
satisfaction of the City Engineer. The basin shall be
installed with the third phase of development shown on the
Ca -9
Attachment 3-6
Resolution no. 687q (1990 Series)
Tract 1750
Page 6
tentative map.
The detention basin may be fenced, at the developer's
option, and must be owned and maintained by the tract
homeowners' association. A maintenance schedule and
reporting procedure shall be submitted to the City Engineer
for review and approval. The schedule shall include
periodic reports to the city on the condition of the basin.
18. Creek preservation and improvement areas shall be dedicated
to the city in fee.
Public Works requirements:
19. Orcutt Road shall be widened and improved along the entire
frontage as part of phase 4. Orcutt Road shall meet City
and county design standards with respect to super
elevation, vertical, and horizontal stopping sight distance
(55 mph design speed) , and shall include a bicycle path
within the roadway on the westerly side. Sight distance
at the proposed Orcutt Road/A Street intersection must be
evaluated as to adequacy. Existing road may require
regrading. , ; .,
20. Modifications to sewage lift-stations and related
improvements may be required in accordance with the
specific plan. The developer may be required to contribute
towards these improvements in lieu of actual construction,
to the satisfaction of the utilities Director.
21. The water tank proposed in the easterly portion of the open
space area, to supplement, domestic water service, must be
installed and operating prior to the issuance of building
permits for phase 3.
22. Water acreage fees and sewer lift station charges are
required to be paid prior to recordation of the Final Map.
23. All lots must be served by individual water, sewer, and
utilities.
24. The construction of public streets shall comply with the
city's Engineering Standard Details/specifications, the
Pavement Management Plan, and to the satisfaction of the
City Engineer. Street structural sections shall provide
for the ultimate design-life upon acceptance of the street
by the city. Phased construction of housing will require
the phasing of street construction or an increase in the
street structural section to compensate for the reduction
in the life of the street, prior to acceptance, from
C- - 10
� Attachment 3-7
Resolution no. 687 { (1990 series)
Tract 1750
Page 7
construction traffic.
25. The developer must dedicate vehicular access rights to the
city, along all lots adjacent to Tank Farm Road and orcutt
Road, to the satisfaction of the City Engineer.
26. Phasing of this tract and utilities may require off-site
utility extensions within subsequent phases, to the
satisfaction of the City Engineer and -Utilities Engineer.
27. At the time of development of phase 5, an emergency and
construction access road must be provided that continues
A Street to Oicutt Road, to the approval of the City
Engineer and Fire Department_
28. All grading and development improvements shall be done as
approved by the City Engineer and in accordance with the
recommendations per the soils report prepared by Pacific
Geoscience, Inc. , dated July 5, 1989 and the Geotechnical
Update and Plan Review by Gorian and Associates dated July
140 1987 for Tract 1750, and any subsequent soils reports
requested by the City Engineer.
The grading plan for phases 5 and 6 must be approved by a
registered soils engineer and the City Engineer. The
grading shall be inspected and certified by the soils
engineer prior to installation of any subdivision
improvements or issuance of building permits.
The northwesterly limit of the landslide denoted as Qls 1
shall be determined precisely in the field prior to final
map approval of the respective phase. The nearest lot line
shall be at least 50 feet from that boundary and the
adjacent lots shall be adjusted or deleted and Courts "H"
and "G" adjusted accordingly, except that property lines
may not extend beyond that shown on the tentative map.
29. The grading plans for phases 5 and 6 shall include such
facilities and preparation so that individual lots will
not require offsite construction.
30. Individual lots on phases 5 and 6 shall have the foundation
design approved by a registered soils engineer. A notice
i shall be recorded concurrently with the final map notifying
any purchaser of these lots of this requirement.
31. Additional soil investigations shall be done to ascertain
that the proposed water tank site and lots and streets
above and below Street "A" (phases 5 and 6) are stable and
suitable for development, tothe sa sfaction of the City
CQ� � I
\ Attachment 3-8
Resolution no. 687q (1990 series)
Tract 1750
Page 8
Engineer,, prior to final map approval. If evidence is
found that indicates any instability, mitigation measures
must . be taken to remedy the instability, to the
satisfaction of the City Engineer, or the respective final
map shall be modified accordingly, as determined necessary
by the City Engineer and Community Development Director.
If these sites are required to be excavated and filled and
recompacted, the fill and recompaction should closely match
the original terrain, as determined by the Community
Development Director and Engineering Division staff.
32. Any existing mines encountered shall be abandoned in
accordance with State of California and local regulations,
to the satisfaction of the City Engineer.
33. Any slope instability observed during grading operations
and subdivision construction shall be evaluated by a soils
engineer and repaired to the satisfaction of the City
Engineer and Community Development Director prior to final
acceptance of the respective phases. The final maps or
separate recorded instruments shall note that (T)the city
reserves the right to withhold building permits on any lot
which appears to be threatened by slope instability.
34. The subdivider shall submit a report by a registered civil
engineer certifying that all building sites are not subject
to flooding during a 11100-year" storm, to the satisfaction
of the City Engineer.
Parks and open space:
35. The neighborhood park may be completed in one phase by the
developer. The subdivider shall record a lien or
alternative approved by the Community Development Director,
equal to $750 per unit for park improvements, to become due'
and payable to a special fund, maintained 'by the city, upon
transfer of the lots or dwelling units. If the developer
chooses to develop the park in its entirety, without city
funding assistance, to the satisfaction of the Community
Development, Public Vorks, and Recreation Departments, the
city shall refund the amounts accumulated in the park
improvement fund to the developer after completion of each
phase as described on the .approved park phasing plan
(approved as part of Tract 1376) , cn. a quarterly basis;
until all fees have been collected.
36. The hardscape areas in the neighborhood park shall be
installed in the first phase of Tract 1750. The remainder
of the park shall be completed in phases, as described in
Attachment 3-9
Resolution no. 687y (1990 Series)
Tract 1750
Page 9
the approved park phasing plan, or all in one phase as
described in the preceding condition.
3'7. The developer is responsible for securing access and
improvement rights, including maintenance by the city, for
the bicycle path under the railroad.
38. The Islay Hill open space shall be dedicated to the city
as part of the final map for phase 6 or earlier. Prior
to approval of the final map for phase 1, the developer
shall pay to the city an amount a egua a to install the
proposed trail system, the amount to be determined by'
estimates for the work and as approved by the Parks and
Recreation Director. This money is to be used solely for
physical improvements: the trail • construction;
maintenance, or improvement of the Islay Hill open space,
as needed. The Parks . and Recreation Commission will
periodically review how the hillside is being used, and
make recommendations to the council on the disposition of
the money.
39. Public pedestrian access to the Islay Hill open space shall
be provided directly from .all streets adjacent to the open
space area, to the satisfaction of the City Engineer and
Community Development Director.
40. The open space beneath the existing power transmission
lines shall be a minimum of 100' wide. No structures shall
be allowed within this 100' area. A note shall be recorded
for each of the lots adjacent to this open space area,
informing lot owners of the proximity of the power lines.
41. The Rodriguez Adobe park shall be dedicated to the city for
public park purposes, in or prior to phase 4. The
Rodriguez Adobe will be restored by the city. The
developer shall contribute to its restoration by paying
one-half the restoration cost, up to a maximum of $100,000,
upon demand by the city.
Water:
42 . The subdivider . shall inform future lot buyers of the
possibility of building permit delay based on the city's
110 ,- water shortage. Such notification shall be made a part of
the recorded documentation for each lot.
Archeology:
43 . %i•Grading plans must note that if grading or other operations
unearth archeological resources, construction activities
shall cease. The Community Development Director shall be
Cq - I3
Attachment 3-10
Resolution no. 687L/ (1990 Series)
Tract 1750
Page 10
notified of the extent and location of discovered materials
so that they may be recorded by a qualified archeologist,
the cost of which shall be paid by the developer.
Disposition of artifacts shall comply with state and
federal laws.
Homeowners' Association:
44. The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use, control of
nuisances and architectural control of all buildings and
facilities. These CC&R's shall be approved by the
Community Development Director and administered by the
homeowners' association.
The subdivider shall include the following provisions in
the CC&R's for the tract:
a. Maintenance of linear park, railroad buffer areas,
and all storm water detention basins shall be by
the homeowners' association in conformance with the
Edna-Islay Specific Plan.
b. There shall be no change in city-regulated
provisions of the CC&R's without prior approval of
the Community Development Director.
Affordable housing:
45. Resale controls applying to the 23 affordable housing units
shall be administered by the Housing Authority and shall
remain in perpetuity. All affordable units shall be
required to be owner-occupied.
46. Development of homes on the small lots (phases 3 and 4)
shall be limited to approximately the square footage
proposed as part of the planned developt;ant preliminary
plan. Remodelling and additions to these homes in the
future shall be in accordance with the limitations in the
zoning regulations.
Transit system equipment:
47. The subdivider shall provide for street furniture and signs
for transit systems, as well as bus turnouts if necessary,
to the satisfaction of the Mass Transit Committee, as
needed with each phase.
Hillside lots:
Attachment 3-11
Resolution no. 6874 (1990 Series)
Tract 1750
Page 11
48. Architectural review is required for all lots east of the
creek.
49'. Except as shown on the tentative map, the maximum
streetyard allowed on lots adjacent to the hillside open
space is 201 . Streetyard exceptions, to reduce the amount
of grading required for location of residences, will be
encouraged where no safety concerns are involved.
All buildings on these lots must be within designated
building envelopes. Building envelope restrictions shall
be designated on a .map to become part of the permanent
file, prior to recordation of the final maps for phases 5
and 6.
50. No solid fences shall be allowed at the rear of any lots
abutting*' the Islay hill or creek open space. Design
standards for fencing shall be developed, to be approved
by the Community Development Director and the Architectural
Review commission.
Noise:
51. Noise walls on the single-family lots adjacent to the
railroad buffer area shall be set back at least 10' from
the property line, and the area between the wall and the
street landscaped with. drought-tolerant shrubs and
groundcover by the developer, to the approval of the
Community Development Director.
Fees:
52. The subdivider shall pay any applicable transportation
impact fees adopted by the City Council, which are
anticipated to be adopted on or about July, 1992.
53. The subdivider shall pay any applicable storm drainage fees
adopted by the City council, which are anticipated to be
adopted on or about July, 1992.
54 . Pursuant to Government Code Section 66474.9, the subdivider
shall defend, indemnify and hold harmless the City and/or
its agents, officers and employees from any claim, action,
or proceeding against the City and/or its agents, officers,
or employees to attack, set aside, void, or annul, the
approval by the City of this subdivision, Tract No. 1750,
and all actions relating thereto, including but not limited
to environmental review and adoption of Ordinance No.
117 (PD 1449-B) .
Attachment.3-12
Resolution no. 687q (1990 Series)
Tract 1750
Page 12
On motion of Councilwoman Rappa
seconded by Councilman Reiss and on
the following roll call vote:
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 18th day
of September 1990.
Attachment 4-
RESOLUTION NO. 8848(1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 5)
WHEREAS,the City Council made certain findings concerning Tract 1750 as contained
in Resolution No. 6874 (1990 Series),and
WHEREAS,Conditions 2 and 37 of said Resolution No. 6874 (1990 Series)require the
developer to secure access and improvement rights to construct bikeway improvements within
the existing railroad Right of Way and culvert,which was denied by the prior owner(Southern
Pacific Transportation Co.),and
WHEREAS,all other conditions required per Resolution No. 6874(1990 Series) for Unit
5 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached
Subdivision Agreement(Exhibit A)and surety to guarantee the Faithful Performance($757,200)
and payment for Labor&Materials($ 368,600).
NOW THEREFORE BE IT RESOLVED that final map approvalishereby granted for
Tract No. 1750(Unit 5) and the Mayor is authorized to: 1)execute the Subdivision Agreement,
2) accept the grant deeds for Lot 58 (Creekway)in fee title and for the open.space easement over
Lot 60,on behalf of the City, 3)execute the Common Driveway Agreement affecting Lots 13, 14
and 15 which is to be recorded concurrently with the final map.
The subdivider shall initiate acquisition of the above-referenced rights from Union
Pacific Railroad Company(UPRR)to install,and the City to maintain upon acceptance of the
work,the required bike path improvements within the UPRR Right of Way and culvert. These
rights shall be acquired prior to acceptance of the subject tract improvements and/or prior to final
__. R-8848 eq,
to
Attachment 4-
Resolution No. 8848 (1998 Series)
Page Two
map approval for Unit 6 of Tract 1750. If the subdivider fails to acquire said rights and submits
satisfactory evidence of due diligence in this regard,to the satisfaction of the City Attorney,the
City Attorney is authorized to pursue eminent domain proceedings against the UPRR,pursuant
to Section 66462.5 of the California Government Code(Subdivision Map Act),at subdivider's
cost.
On motion of Council Member Williams seconded by Vice Mayor Romero and
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of September , 1998.
MAYOR Allen K. Settle
ATTES .
Lee Price, City Clerk
APPROVED AS TO FORM:
XTX/ATTyRNEjJei1rV G. Jorgensen
IACouncil Agenda Reports\Final map approval resolution-Tract 1750(U5)
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' Attachment 4-3
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ii; of ygag by and between The
Arbors-San Luis Obispo, L.P., A California Limited Partnership, 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 1750, Unit 5, City of San Luis Obispo, California,as
approved by the City Council on the 15 day of_September ,19 98 .
The Subdivider desires that said Tract No. 1750, Unit 5, be accepted and approved as a
Final Map pursuant to the Subdlvision 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.
TE,R SAND 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 Planning
Commission andfor the City Council and has paid the necessary fees as indicated on the
attached Exhibits 1 and 2
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The
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 at seq., of the Professional
Land Surveyors Ad, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider has submitted an instrument of credit or bond approved by, and in favor
of the City of San Luis Obispo, as security for the performance of this agreement, and
conditional upon the faithful performance of this agreement Said instrument of credit or bond
shall be in the total amount of$ 767,200.00, 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
Govemment 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 sufficientto
guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one. year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to
said plans and specifications. and any approved modifications thereto. Neither periodic nor
progress inspections or approvals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to
complete said improvements,or City may complete said improvements and recover the full cost
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and expense thereof from the Subdivideror his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the amount
of 50%of the above described subdivision improvements in accordancewith State law.
Said Subdivider has paid an inspection fee of$19,495.00, for City to inspect installation of
said subdivision improvements,and 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.
IN WITNESS WHEREOF,this agreement has been executed by:
SUBDIVIDER
The Arbors-San Luis Obispo,L.P.,
a California Limited Partnership,
By: HHP/MS 94 GP. LLC, a California
Liability Company.General Partner
By: Hearthstone Advisors,Inc.,a
C)rlilqrnia Corporation,Manager
D
Richard O. mer, Chairman
D
4
eter, Z a r Sr. Vice President
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Attachment 4-
CITY
CITY OF SAN L OBISPO
MAYOR . Settle
S �
Lee Price, C.M.C.
City Clerk
APPRO DAS T ORM:
I N Jeff G.Jorgensen
APP OVER A TO CONTENT:
CITY ENGINIEER
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