HomeMy WebLinkAbout02/07/2006, C6 - FINAL MAP APPROVAL FOR TRACT 2420 - A 23 RESIDENTIAL LOTS AND ONE OPEN SPACE LOT SUBDIVISION LOCATE council
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CITY OF SAN LUIS 0BI.SP0
FROM: Jay Walter,Director of Public Works
Prepared By: Carmen Leyva, Associate Civil Engineer
SUBJECT: FINAL MAP APPROVAL FOR TRACT 2420 — A 23 RESIDENTIAL LOTS
AND ONE OPEN SPACE LOT SUBDIVISION LOCATED AT 1636
WOODLAND DR—(BOWDEN RANCH,L.P., SUBDIVIDER)
CAO RECOMMENDATION
Adopt a resolution (Attachment 1) approving the final map (Attachment 2) for Tract 2420 and
authorizing the Mayor to execute the subdivision agreement on behalf of the City and accept the
deed for the open space Lot 24 and biological open space easements for Lots 4, 5, and 8 through 11.
DISCUSSION
The tentative map for Tract 2420 (Planning Application No. TR/R/ER 11-01) was approved on
October 7, 2003 per Resolution No. 9490 (2003 Series) (Attachment 3), which subdivides one
existing parcel of land into 23 residential lots and one open space lot granted in fee to the City of
San Luis Obispo.
California Government Code [Subdivision Map Act (§66452.6)] states that "an approved
tentative map shall expire 24 months after its approval, or after any additional period of time as
may be prescribed by local ordinance, not to exceed an additional 12 months." The current
developer applied for a time extension request on September 20, 2005 and was granted a one
year time extension on November 1, 2005 per Resolution No. 9741 (2005 Series) (Attachment
4).
Public and private improvements plans have been approved by Public Works, Utilities and
Community Development Departments and are currently under construction. These
improvements include streets, street lighting, landscaping, pedestrian path, storm drains, water
and sewer mains and services, fire hydrants and other public utilities that meet City Standards.
The subdivider has submitted letters of credit to guarantee installation of the required subdivision
improvements and has paid the required fees, as prescribed in the attached subdivision agreement
(Attachment 5, Exhibit A), to allow recordation of the final map. The final map has, therefore,
been found to be in substantial conformance with the approved tentative map and all conditions
related to the map have been met and/or guaranteed. The sureties have been transmitted to the
City Clerk.
Covenants, Conditions and Restrictions (CC&Rs) and Common Driveway Agreements have
been approved by the Community Development Director and City Attorney and will be recorded
Council Agenda Report-Final viap Approval -Tract 2420 Page 2
concurrently with the final map. The Grant Deed (Attachment 6) for open space Lot 24 will be
recorded concurrently with the map. In addition, the biological open space easements on Lots 4,
5, and 8 through 11 will also be recorded in substantially the form in Attachment 7.
The final map has been found to be in substantial conformance with the approved tentative map and
all conditions related to the map have been met and/or guaranteed with appropriate sureties.
Therefore, staff recommends approval of the final map and subdivision agreement..
Section 66474.1 of the Subdivision Map Act states that "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. This tract has met all City regulations and no further
discretionary approvals are required.
CONCURRENCES
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action.
FISCAL BIPACT
Typical maintenance and operation of public facilities will be required for water and sewer main,
fire hydrants and street improvements within Lizzie and Woodland Court.
ATTACHMENTS
1. Draft Resolution
2. Map
3. Resolution No. 9490 (2003 Series)
4. Resolution No. 9741 (2005 Series)
5. Subdivision Agreement
6. Grant Deed
7. Form of biological Open Space Easement (w/o attachments)
1:_CAR Reports\2006\DevRev\Tract 2420
CL� �
RESOLUTION NO. (2006 SERIES) ATTACHMENT
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2420
WHEREAS, the City Council made certain findings concerning tentative Tract 2420, as
prescribed in Resolution No. 9490 (2003 Series),and
WHEREAS, the City Council made additional findings concerning a one-year time
extension to file a final map, as prescribed in Resolution No.9741 (2005 Series), and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of
$1,025,199 (Faithful Performance) and$512,600 (Labor&Materials) to guarantee installation of
the required subdivision improvements shown on the approved plans, and all fees have been
received, as prescribed in the attached subdivision agreement, marked"Exhibit A",and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and Common Driveway Agreement and
WHEREAS, all other conditions required per said Resolution No. 9490 (2003 Series) have
been met or will be met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2420 is found to
be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
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 2006.
Resolution No. (2006 Sencs) ATTACHMENT 1
Page Two
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM.
CIT*,A RNEY Jonathan P. Lowell
I:\_CAR Reports\2006\DevRev\Tract 2420\Final Map Resolution for Tract 2420
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ATTACHMENT 3
Resolution No. 9489 and 9490 X1003 Series)
Page 6
RESOLUTION NO. 9490 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE MAP FOR A RESIDENTIAL
SUBDIVISION AT 1636 WOODLAND DRIVE,
CREATING 23 RESIDENTIAL LOTS,
AND ONE OPEN SPACE LOT TOTALING 27 ACRES
(TR 11-01; COUNTY TRACT MAP NO.2420)
WHEREAS, the Planning Commission conducted a public hearing on August 27, 2003
and recommended approval of Vesting Tentative Tract Map 11-01; and
WHEREAS, the City Council conducted a public hearing on October 7, 2003 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), and listed in Exhibit "A" and `B", 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 11-01, 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 due to mitigation measures designed into the project or added
as conditions to the subdivision approval.
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.
ATTACHMENT 3
Resolution No. 9489 and 9490 k2003 Series)
Page 7
5. The subdivision is.in compliance with the Final Environmental Impact Report (EIR) certified
by the City Council on October 7, 2003, and incorporating by reference the findings as
contained in City Council Resolution No. 9489 (2003 Series).
SECTION 3. Conditions. The tentative map for Tract 11-01 (County Tract Map No.
2420) is approved subject to the following conditions and code requirements:
Conditions
Streets
1. Street improvements as shown on the vesting tentative map shall be constructed in
accordance with the City regulations, Engineering Standards and Specifications in effect on
the date the vesting map was deemed complete(March 1, 2001) which include integral curbs,
gutters and.sidewalks, full width street pavement, signing, striping, barricades, street lights,
etc.
2. The final map shall accommodate the City-adopted street cross-sections for Woodland Drive
(between Wilding Lane and Woodland Court) and for Wilding Lane. [16.45 m (54 ft.) RIW
and 10.4m (34 ft.) curb to curb and 1.5 in (5 ft.) wide detached sidewalks.
3. Any additional rights of way or easements needed on project streets to accommodate the
Americans With Disabilities Act (ADA) sidewalk requirements behind driveway ramps shall
be dedicated on the final map.
4. The proposed Wilding Lane right of way abandonment, as shown on the tentative map, is not
approved. However, any "excess" right of way along Woodland Drive, between Wilding
lane and Woodland Court will be abandoned as part of the final map process, rather than
under the California Streets & Highways Code procedures.
5. The subdivider shall provide necessary signage along the southern curb lines of Lizzie Court
(except parking turnout) and Woodland Court as "No Parking — Fire Lane," to the approval
of the Public Works Director and Fire Marshall per City standards.
6.1 Common driveway and utility agreements are required for the three private driveways, to the
satisfaction of the Community Development and Public Works Directors, per City standards
and regulations. The driveways and utility extensions shall be done as subdivision
improvement requirements. Concrete pavement is required for "common driveways" with
greater than 15% slope (unless approved otherwise by the Public Works Director and Chief
Building Official) and individual driveways greater than 20% slope. Suitable turn around
areas shall be provided to the satisfaction of the Community Development Director and Fire
Marshall.
7. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each
lot.. Said easement shall be adjacent to and contiguous with all public right-of-way lines
bordering each lot.
8. The subdivider shall dedicate a 3m wide street tree easement.across the frontage of each lot.
—��
ATTACHMENT 3
Resolution No. 9489 and 9490 k/-003 Series)
Page 8
Said easement shall be adjacent to and contiguous with all public right-of-way lines
bordering each lot.
9.' The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaires, etc.) per City standards, including off-site street lighting
along roadways adjacent to the proposed development, as determined by the City Engineer.
10. Street trees are required along all public street frontages per City standards, to the satisfaction
of the City Arborist, with building permits on the respective lots. Species are to be approved
by the City Arborist and Natural Resources Manager (in creek areas) and consistent with the
Master Subdivision Planting Plan to be approved by the Architectural Review Commission.
11. All tree removals necessary to construct the public streets, private driveways and grading
certain rear yards adjacent to creeks, are subject to a master tree removal permit, to the
satisfaction of the City Arborist. Tree removals have been identified on the Tree Removal
Plan as identified in the EIR. All other trees within the development areas, not specifically
approved for removal, shall remain and be protected during the construction process, to the
satisfaction of the City Arborist and Natural Resources Manager.
12. If the City Arborist determines any trees require safety pruning, all pruning shall be
performed by a certified Arborist, to the satisfaction of the City Arborist.
13. The City and subdivider shall explore other alternatives to the parking arrangement for public
access. Use of perpendicular parking either on the northerly or southerly side of Lizzie Court
may provide a superior parking arrangement that would help resolve possible neighborhood
impacts. Final design shall be to the approval of the Natural Resources Manager and Public
Works Director.
Water,Sewer& Utilities
14. The subdivider shall be responsible for necessary adjustments to existing fire hydrants, public
and private utility and drainage services and any other affected facilities within or adjacent to
the proposed tract boundary, to the satisfaction of the Public Works and Utilities Directors.
15. Final grades and alignments of all public water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Public Works Director
and Utilities Engineer.
16. The subdivider shall place underground, all existing overhead utilities adjacent to the tract
boundary along the public street frontage(s), to the satisfaction of the Public Works Director
and utility companies.
Grading & Drainage
17. Any necessary clearing of existing creek and drainage channels within the tract boundary,
including tree pruning or removals, and any necessary erosion repairs shall be to the
satisfaction of the Public Works Director; the City's Natural Resources Manager .and the
Dept. of Fish & Game.
18. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and drainage
c�iy
ATTACHMENT 3
Resolution No. 9489 and 9490'k/-603 Series)
Page 9
facilities shall be provided, to the satisfaction of the Public Works Director.
19. Any required individual or common stormwater retention facilities shall be designed to the
satisfaction of the Director of Public Works. All drainage facilities shall be maintained. If
the use of underground retention or the creation of "common" or centralized drainage
facilities is proposed, a Homeowners Association or other maintenance entity shall be
formed.
Mapping & Miscellaneous Requirements
20. 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 Public Works Director.
21. Prior to acceptance by the City of public improvements, the developer's engineer shall submit
a digital version of all public improvement plans & record drawings, compatible with
Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS)
purposes, to the satisfaction of the Public Works Director.
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. Fire hydrants shall be installed to City standards; locations 'to be determined by the Fire
Marshall during the subdivision improvement plan check process, in .accordance with City
regulations. Additional hydrants will be required at the end of Lizzie Court and near the
intersection of Woodland Drive and Woodland Court.
24. The proposed fire hydrants shown on the tentative map,.within Lot 23 and near Lot 12 shall be
private and incorporated into the required common driveway and utility easements," which
shall include an agreement for common maintenance and operation of the private fire line and
hydrants, as well as, the driveway, to the satisfaction of the Fire Marshall.
Open Space
25. The open space lot shall be dedicated to the City as part of the final map.
26. The swale in the northeast corner of Lot 14 shall be added to the open space lot.
27. The subdivider shall dedicate a biological open space easement over:
` ATTACHMENT 3
Resolution No. 9489 and 9490' k-/_603 Series)
Page 10
• The area within Lots 8-10 along the creek between the building envelopes and the
southern boundary of the subdivision; and
• The creek corridor between lots 4-5.
The purpose of this easement is to regulate vegetation activities and access for wildlife habitat
and for fuel management purposes.
28. The final map shall show a pedestrian trail in the open space lot, extending east from Lizzie
Court in the alignment shown on the vesting tentative map to provide access to other lands of
the developer in the unincorporated area, where access has been permitted, and ultimately to
City-owned lands further east.
29. Fencing along the trail within the project site around the sanctuary, and delineating the
biological easement areas will generally be wood rail. Those fences that form side or back
yard boundaries adjacent to the open space, or that form the boundaries of the biological
easement areas, shall be designed so that they will prevent dogs from getting out of the
fenced areas and.into open or protected areas. The specific design will be finalized as part of
the subdivision improvement plans and subject to the approval of the Natural Resources
Manager and Architectural Review Commission. The fence design and construction will be
the responsibility of the subdivision developer.
30. Informational signs about the sanctuary and other aspects of site shall be finalized as part of
the trail and fence design plan identified in the above condition. Signage shall be subject to
the approval of the Natural Resources Manager and the responsibility of the subdivision
developer to install
31. The applicant shall submit plans prepared by a licensed landscape architect and a qualified
plant restoration ecologist for tree planting in accordance with the specifications detailed in
Mitigation Measure 3.3-16 of the Final EIR. The Natural Resources Manager will require the
use of bay trees along creek, and oaks and toyons elsewhere. The Master Tree Planting Plan
will be subject to the approval of the Natural Resources Manager, City Arborist, and
Architectural Review Commission. Said plan shall be approved prior to acceptance of
subdivision improvements.
32. Water from the existing cistern served by the existing spring requires adjudication;
adjudication will (1) keep the diversions from the well no more than they are at this time and.
(2) a reasonable portion of said diversion will accrue to the benefit of the open space parcel to
be dedicated to the public trust.
Planning Requirements
33. 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.
34. A 15-foot street yard shall be allowed for homes and a 20-foot street yard for garages with
doors facing the street
35. A 20-foot rear yard setback shall be maintained along the southwesterly property line oflots
�) ATTACHMENT 3
Resolution No. 9489 and 9490"k-2003 Series)
Page 11
19-21.
36. 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:
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 those certain maintenance responsibilities for specific lots outlined in the
various mitigation measures of the Final EIR.
f. Provision for maintenance of any underground or common stormwater retention facilities.
g. Advising property owners that the project is located adjacent to a school facility including
lighted sports fields and that occasional noise and glare may occur as a result of the
School District's use of these facilities. A declaration to this effect shall also be included
in the California Department of Real Estate documents alerting potential buyers to this
situation.
37. The subdivider shall submit a common driveway agreement for Lots 9-12 and 13-23,
including maintenance provisions, to the approval of the Community Development Director
at the time of final map approval.
38. Pursuant to Government Code Section 66474.9(b), 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, and all actions relating thereto,
including but not limited to environmental review.
CODE REQUIREMENTS
A. Traffic impact fees are required to be paid as a condition of issuance of building permits.
B. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first-come, first-served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is paid.
Both the Water and Wastewater Impact Fees are charged on a"per residential unit"basis.
C. Each parcel is to have its own separate water and wastewater service laterals. /
�Ge 47
Resolution No. 9489 and 9490 k1003 Series) _
ATTACHMENT 3
Page 12
D. Plans shall show an appropriately sized USC approved backflow prevention device at the end
of each of the cul-de-sacs serving the private fire hydrants on the private driveways.
E. An earlier version of the development plan indicated a looped connection between the two
dead-end water mains. The dead-end water mains now being proposed with this project
require the approval of both the Utilities Department and the Fire Department. City standards
dictate that, if approved, the 8" diameter dead-end mains shall be no longer than 210 meters.
F. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to
address the recycling of construction waste for projects valued at over $50,000 or demolition
of structures over 1000 square feet. The recycling plan shall be submitted to the Building
Department with the building plans. The City's Solid Waste Coordinator can provide some
guidance in the preparation of an appropriate recycling plan.
G. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
H. 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
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.
I. The applicant shall pay an affordable housing in-lieu fee equal to 5% of the total building
valuation of the new dwelling units, consistent with Chapter 17.91 of the Zoning Regulations,
prior to final subdivision map approval.
On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle
NOES: Vice Mayor Mulholland
ABSENT: Mayor Romero
the foregoing resolution was passed and adopted this 7t'day of October 2003.
Mayor David F. Romero
ATTEST:
Lee Price, C.M.C.
City Clerk
ATTACHMENT 3
Resolution No. 9489 and 9490 <<003 Series)
Page 13
APPROVED AS TO FORM:
Jonathan P. Lowell, City Attorney
ATTACHMENT 3
Resolution No. 9489 and 9490 kz-003 Series)
Page 14
Memo Exhibit A
Date September 16, 2003
To Ron Whisenand
From Dain Anderson
Subject Bowden Ranch Development Final Environmental Impact Report-Errata
We have reviewed the comments expressed by the Planning Commission and the project
proponent at the Commission's August 27`h meeting. Based on that review, we recommend
modifications (errata) to Section 7 (Response to Comments) of the Final Environmental Impact
Report (FEIR) for the Bowden Ranch Development. The following presents abrief summary
introduction to the Response to Comments for the benefit of the reader:
INTRODUCTION
Each comment letter received during the Draft EIR's review, including those comments received
at the Planning Commission's August 27`h meeting, is numbered according to the numbering
system identified above (PC-X, A-X, P-X, and M-X). Each comment in each letter received has a
number(PC-1). Responses are provided to each written comment. Where a response to a
comment has been provided in another response, the reader is referred to the previous response.
The CEQA Guidelines indicate that the Final EIR should receive and consider comments on the
Draft EIR. This section presents responses to environmental issues raised regarding the
environmental effects of the proposed project. Comments that state opinions about the overall
merit of the project or comment on the project description are generally not responded to unless a
specific environmental issue is raised within the context of the specific comment made.
Comments on the project are referred to the decision-maker(City of San Luis Obispo).
All changes to the Final EIR are described in the response and referenced by the page number on
which the original text appears in the Final EIR. Added text is underlined; deleted text is
strieketl
PC SAN LUIS OBISPO PLANNING COMMISSION
PC-60 Errata: The Commission expressed concern that the future residential units to be
constructed at Bowden Ranch could potentially result in the generation of
significant levels of night-time lighting, which could be considered a potentially
significant impact. The following mitigation measure addresses that concern-
Mitigation Measure 3.1-9.Prior to issuance of building permits for each lot,an
exterior lighting shall be submitted to the Director of Community Development
for review and approval.The plan shall indicate the use of low level lighting only.
The plan shall also indicate the use of exterior lighting fixtures that are shielded
so as to ensure that there is no glare off of each individual lot.
PC-61 Errata: The Commission expressed concern that the community may not know
what to do or who to call should there be significant levels of dust generated
during grading activities associated with the project's initial development. The
FEIR includes mitigation measures designed to minimize the generation of
fugitive dust in accordance with recommendations of the San Luis Obispo air
Pollution Control District. To further enforcement of those measures, the
Commission recommended addition of either a new mitigation measure or
modification of an existing measure designed to provide enforcement information
to the community, as follows:
ATTACHMENT 3
Resolution No. 9489 and 9490 k4003 Series) -
Page 15
Mitigation Measure 3.2-1.Prior to issuance of the Grading Permit,or approval
of Improvement Plans,whichever occurs first, the applicant shall submit to the
air Pollution Control District for review and
approval a plan for the control of fugitive dust during and after construction.The
plan shall include,but not be limited to,the following measures:
• To the extent possible, minimization of the amount ofarea disturbed
during construction.
• Limitation of construction vehicles..
• The speed of all construction vehicles shall not exceed 15 mph on
any unpaved surface.
• Should airbome dust be observed to leave the construction site area,
water from water trucks or another source shall be applied in sufficient
quantities to reduce those emissions.
• The designation of a person or persons to monitor the dust control
program and to order increased watering or other measures as
necessary to prevent transport of dust offsite.Their duties should
include-holiday-and weekend.periods when work-may not be in
progress.
• The name and telephone number of such persons shall be provided
to the.APCD'and all adjacent residents within 1.000 linear feet of the
project site prior to the commencement of construction.
• Compliant handling procedures shall be identified.This shall include,
but shall not be limited to the posting of sions at the project perimeters
identifying the APCD as the enforcement agency and citing their
address and telephone number, and further indicating that all
complaints with regard to project related air quality shall be-forwarded
to the District.
• A daily dust observation log shall be completed and submitted weekly
to the.APCD and_the.Director of.Community Development.
PC-62 Errata: The Planning Commission commented that there may be opportunities to .
refine the proposed alignments of all on-site roadways to further minimize
encroachment into existing on-site tree stands and areas of biological resources.
The following mitigation measure addresses that opportunity:
Mitization Measure 33-21.Prior to recordation of the Final Man the applicant
shall submit a revised tentative subdivision map to the Director of Community
Development.The revised map shall reflect a refinement of the alignment of all
on-site roadways to minimize to the extent possible the roadways' encroachment
into existing tree standsand areas of biological resources.
AP3 OASIS LANDSCAPE, ARCHITECTURE AND PLANNING
AP3-29 Errata: The project proponent commented that the language of Mitigation
Measure 3.10-3 could be interpreted as assuming that construction of the Bowden
Ranch project would affect the structural integrity of the La Loma Adobe. This
was not the intent of the Measure, which has been modified as follows to reflect
the potential affect and to identify a strategy to ensure the Adobe's protection
(NOTE: Mitigation Measure 3.10-3 was newly added with publication of the
FEIR. Only changes to that Measure are reflected below):
Mitigation Measure 3.10-3.Prior to the first ground disturbing activity on the
project site the applicant shall fund ate structural engineering analysis of the La
Loma Adobe_€eF4T-he eiipress purpose of the analysis would be to of deteFminifig
t01C.�
ATTACHMENT 3
Resolution No. 9489 and 9490-k1003 Series)
Page 16
wha6 determine if there would be anypossibilityof Around borne vibration
generated duringrg ading and construction activities negatively affecting the
Adobe's pre-construction structural integrity.If the analysis were to conclude that
grading and construction activities could damage the Adobe,then a plan to protect
the Adobe shall be funded by the applicant,and reinfer-eing fneaswfes Faust be
b
shall be
implemented prior to any ground disturbing activities.
ATTACHMENT 4
RESOLUTION NO.9741 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TENTATIVE TRACT MAP NO.2420 AT 1636 WOODLAND DRIVE
(TE11-01)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council,after consideration of public testimony, the
subdivider's request, staff recommendations and reports thereon, found that the one-year time
extension is justified because:
1. The subdivider has made reasonable progress toward fulfilling tract conditions.
2. This is the applicant's initial-request for an extension,which is consistent with the
San Luis Obispo Municipal Code,Section 16.16.180 that allows the Council to
extend the time for filing the final tract map for periods up to and not exceeding three
years.
3. The time extension is subject to the condition that the final map shall be prepared and
improvements shall be constructed and installed in compliance with the approved
tentative tract map..
SECTION 2. Action. That a one-year time extension for filing the final map for Vesting
Tentative Tract Map No. 2420 is granted to October 7, 2006,subject to the original findings,
conditions, and mitigation measures of tentative map approval, as specified in City Council .
Resolution No. 9490(2003 Series).
On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Settle and Vice Mayor Ewan
NOES: Council Member Mulholland
RECUSED: Mayor Romero
R 9741
ATTACHMENT 4
Resolution No.9741 (2005 Series)
Page 2
The foregoing resolution was passed and adopted this 1st day of November 2005.
Mayor David F.Romero
ATTEST:
Audrey o per
City Cl
APPROVED:
Jo P.Lowell
City Attorney
ATTACHMENT.
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 2") day of o.. 2006 by and
V
between Bowden Ranch, 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 2420, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2006.
The Subdivider desires that said Tract No. 2420 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
TTACHEr' �5
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
ATTACHMENTS
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of$ 1,025,199 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 (18) 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
ATACNUA 3
improvements orwaive 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 ($ 512,600) in
accordance with State law.
Said Subdivider has paid an inspection fee of$89,296 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.
ITACHMENTS
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO Bowden Ranch, L.P.,
A California LimitedPartnership
Name � V
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY NEY Jonathan P. Lowell
RTTRCHME, T5
EXHIBIT 1
TRACT 2420
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of$2,500.00 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 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. 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 comply with all requirements of Ordinance No. 1441 (2003 Series) and
of Council Resolution 9489 and 9490(2003 Series) approving the tentative map.
AMR;;
EXHIBIT 2
TRACT 2420- FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $1,025;199 Bond 1/10/2005
Labor&Materials(50%of total cost of $512,600 Bond 1/10/2005
improvements
Early Grading Guarantee $20,000 CD assigned to City 08/23/04
Monument Guarantee $2,506 CD or Letter of Credit
Fees.,
Map Check Fee $2,351 Check 05/19/04
Plan Check Fee $20,958 Check 10/12/04
Improvement Plan Inspection $88,296 Check 10/12/04
Credit for Early Grading Permit fee Public $1,000 Check 08/23/04
Total Inspection Fee $89,296
Park In-Lieu Fee' (23)*84,470= Check 10/12/04
$102,810
Affordable Housing Requirements
Water Impact Fee' Total amount to be
determined with
building permit.
Wastewater Impact Fee'
Transportation Impact Fee'
1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units.
ATTACHMENT 6
RECORDING REQUESTED BY:
CUESTA TITLE
When Recorded Mail Document
and Tax Statement To:
The City of .San Luis Obispo
002,358,018 GRANT DEED SPACE ABOVE THIS LINE.FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
Documentary transfer tax is S None.
[ I computed on full value of property conveyed, or
[ I computed on full value less value of liens or encumbrances remaining at time of sale,
( I Unincorporated Area City of San Luis Obispo
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowiedged,
Bowden Ranch, t. P. a California limited partnership
hereby GRANT(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:
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
DATED: September 22, 2005
STATE OF
COUNTY OF Bowden Ranch, L.P.
ON before me,
personally appeared See attached addendum
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/herltheir authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE
F;D-213 (Rev 7/96) GRANT DEED
ATTACHMENT 6
September 22, 2005
EXHIBIT A
Legal Description
Grant in Fee to City of San Luis Obispo
Being all of Lot 24 and the Remainder Lot of Tract 2420, as shown on map filed
in Book_, Page_of Maps, in the office of the County Recorder, along with
the Southeast Quarter of the Southwest Quarter of Section 25, Township 30
South Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo,
County of San Luis Obispo, State of California.
Excepting therefrom any portion of the Southeast Quarter of the Southwest
Quarter of Section 25, Township 30 South Range 12 East, Mount Diablo
Meridian, lying within the unincorporated area of the County of San Luis Obispo.
The above described parcel is graphically shown on Exhibit B attached hereto
and made a part hereof.
Lin M. Richardson, P.L.S. 6904 (exp. 6/2007) LIC. N0. 6904
�. EttP•f�¢:QZ
CADocuments and Setdngs\rbetz.000\L.ocal Set.ings7emporary Intemet ReMOLMcity lot.doc /-
ATTACHMENT 6
September 27, 2005
ADDENDUM
Bowden Ranch L.P., a California Limited P ership
Lizzie Street Partners, LLCGeneral P r
O _
Datee . Pananides, Manager
at Patrick tkSmith, Manager
� ?� 05
Date S. Marshall, Manager
Bowden Pro ies, General artner
9-2q -c�5
Date T Kenneth P. SI ught, Manager
z �
Date Rich ar i anager
SLO Bowden Ranch Partners, LLC, a California Limited Liability Company, General
Partner
By: JMW Management LLA a California Limited Liability Company, its Manager
By: JM Wilson Holding CZ Inc., a California Corporation, its Manager
&Q6105-
Date Johj M. Wilson, President
K\225151 00MSuuvelMapsbdy tat.doc
C� 3y
�) ATTACHMENTr-6
STATE OF California
COUNTY OF SU UiS Ob
On �� a8, s before me,���171e�7 e22
(Name,Ltritle of Offic r)
personally appeared
personally known to me ( ) to be the personK
whose nameU) is/are subscribed to the within instrument and acknowledged to me that he/&ke/+i"
executed the same in hisfHeFAhek authorized capacitytieW, and that by his/kef their signatureN on the
instrument the personN, or the entity upon behalf of which the persons) acted, executed the
instrument.
WITNESS my hand and official seal.
JA688 OM C1
COmmbdpn 01418M
Nalmy
nLuis Obispo Courdy
lure of Notary blic) SonprbRc CaBfomb
WCOMm bpkes May 17.2W7
(This area for notarial seal)
ATTACHMENT 6
STATE OF California (-
COUNTY OF S4 l-� �S Qblspa
On P� 28) �CS before me, E1-k-7o" Wki e- It C.
(Name, (Title of Officer
�
personally appeared RQ1 S L C J QTY S U�o�l I
personally known to me ) to be the personjel
whose nameK) is/ahs subscribed to the within instrument and acknowledged to me that he/"/tbeV
executed the same in his/Kr/Oieir authorized capacity5K, and that by his/htrr/thtir signature(a)on the
instrument the person(s1, or the entity upon behalf of which the personal acted, executed the
instrument.
WITNESS my hand and official seal. 11. Ba/faE1M"a-
Commkdon#1876694
NotmY bb6C-CCourd o
Sm lib Odtpo County
Dow
(Signature of tary Public) 6MCawMay 7,
(This area for notarial seal)
ATTACHMENT 6
STATE OF California
COUNTY OF-C 8A i
On 29 7.00S before me, �Yry _ cowkcn
��(Na11me, Title f Officer)
personally appeared_ �Grinc_� �J (3Ak�1
U
personally known to me ( ) to be the person(,*)
whose name(g) is/ere subscribed to the within instrument and acknowledged to me that hek1a6141;-
executed the same in his/her4heir authorized capacity4"), and that by his/heFAheir signatureO on the
instrument the person(y), or the entity upon behalf of which the person($) acted, executed the
instrument.
WITNESS my hand and official seal. ,
IM
10
Santa 606010 County
(Signature of Notark Public) - MYComm.b �pa
(This area for notarial seal)
c� -37
ATTACHMENT 6
STATE OF California
COUNTY OF� E,�ax ►xr:
On � 2q 2LZ5 before me, MG.r4 -�. `QiuJeS�(ns
(Nam11e, Atle of Officer)
personally appeared l 1 ldG�w Gk A
personally known to me ) to be the person(1)
whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/ekek4ey
executed the same in his/ben#heir authorized capacity(+se), and that by his/her#ker signature(so on the
instrument the person(s), or the entity upon behalf of which the personhl acted, executed the
instrument.
WITNESS my hand and official seal. _ ,MARY LOW 1441W 1
s= cornmb am#i4o&m
tNotary Pubpc•California,
�,. Santa Barbara Counly,
(Signature of No ry Public) '�Of^m= Nxii,2007
(This area for notarial seal)
ATTACHMENT 6
STATE OF California
COUNTY OF Santa Barbara
On September 30, 2005 before me, NANCY R. KING
(Name, Title of Officer)
personally appeared PATRICK N. SMITH
personally known to me on(s)
whose namefs) is/ace subscribed to the within instrument and acknowledged to me that he/a�
.executed the same in his/her#kek authorized capacity(ieel, and that by his/he-j'their signatures;on the
instrument the person(4), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
NANCY R.KING
Commission#132s942
_ z0MYCONn-
Notary Public-Cardbrnia
(Signature of Notary P lic) %Mntura county
Expires Odd,2005
(This area for notarial seal)
�� - 39
ATTACHMENT 6
STATE OF California
COUNTY OF SANTA BARBARA _
On October 4, 2005 before me, NANCY R. KING
(Name, Title of Officer)
personally appeared ALEX N. PANANIDES
personally known to me
whose nameW is/are-subscribed to the within instrument and acknowledged to me that he/sbeAh y
executed the same in his/herftheirauthorized capacity(iesi, and that by his/befftheir signature(Oon the
instrument the personits), or the entity upon. behalf of which the personN acted, executed the
instrument.
WITNESS my hand and official seal. -==v CUA-
NANCY R.KING
Commission#1326142
Notary Public-Celitomie z
Wntuna Courtly
(Signatu a of Not y Public) MYCwvr:Expir%C��•�r
(This area for notarial seal)
ATTACHMENT 6
.0e0
p, NO SCALE
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g�Z� 9tb
TRACT
2420 00
LOT 24
OPEN COUNY OF SAN LUIS_OBISP_
SPACE CITY OF SAN LUIS OBISPO
1.504 9.021 + _—
HECTARES
design
in. nab
- rq . EXHIBIT B
dull engbuxrs.bind wnreyont.tandplann;s
1898 saldst.san luis obism ea MW
ph.80544MIM.erna8:edaQeda9c.cam
Job.no.2.26/5780
I
ATTACHMENT`T
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401-3249
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
This Biological Open Space Easement Agreement, made and.entered into this
day of February, 2006, by and between BOWDEN RANCH,LP, a California
limited partnership, hereinafter called "Owner", and the CITY OF SAN LUIS OBISPO, a
municipal corporation of the State of California, hereinafter called"City".
WITNESSETH
WHEREAS, Owner possesses certain property (the "Subject Property") situated
within the City of San Luis Obispo, as described in Exhibit "A", attached hereto and
incorporated herein, commonly known as 1636 Woodland Drive, San Luis Obispo
(Assessors Parcel Number: 002-352-018), and
WHEREAS, the Subject Property has certain natural biological resources, natural
scenic beauty and existing openness of importance to the community, and
WHEREAS, an offer of dedication of a biological open space easement on a
portion of the Subject Property was required pursuant to City Council Resolution#9490
ATTACHMENT'
(2003 Series) approving Vesting Tentative Map 2420, which authorized development of a
24 lot subdivision of which the Subject Property is apart; and
WHEREAS, both Owner and City desire to preserve and conserve for the public
benefit the biological diversity, natural scenic beauty and existing openness and other
natural conditions on the Subject Property, and
WHEREAS, the Owner has offered to dedicate this biological open space
easement to preserve the above described values by restricting Owner's use of and
activities on the Subject Property through the imposition of a perpetual open space and
agricultural conservation easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with
Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of
California commencing with Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and the substantial public
benefits to be derived therefrom, the parties agree as follows:
1. Owner hereby grants to City a biological open space easement (the
"Easement") over the portion of the Subject Property (the"Easement Area")
described in Exhibit`B" attached hereto and incorporated herein. Said grant
of easement conveys to City an estate and interest in the Subject Property.
The purpose of the easement is to protect said biological diversity, natural
�� -y13
N N ATTAC MENr7
scenic beauty and existing openness and other natural conditions by
voluntarily restricting the use of the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. No structures shall be placed or erected within the Easement Area. If
desired, "see-through" fencing appropriate to open space preservation may
be allowed if approved by the City's Architectural Review Commission.
b. No signs, billboards, or similar structures or devices or advertising of any
kind or nature may be located on or in the Easement Area.
c. Owner shall not plant or permit to be planted any vegetation within the
Easement Area, except for erosion control, fire protection, or soil
stabilization as allowed or approved by the City's Natural Resources
Manager or his/her designee.
d. Owner shall not remove or permit to be removed any vegetation within the
Easement Area, except as reasonably necessary for fire protection, hazard
abatement, or replacement or removal of dead vegetation, as allowed or
approved by the City's Natural Resources Manager or his/her designee.
e. No extraction of surface or subsurface natural resources shall be allowed.
f. The general topography of the Easement Area shall be preserved in its
natural condition.
3. This Easement shall remain in effect in perpetuity.
ATTACHMENT Y
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of
California.
5. This grant of biological open space easement, as specified in Section 51096 of
the Government Code of the State of California, upon execution and
acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of
the Government Code of the State of California commencing with Section
-51070, shall be deemed an enforceable restriction within the meaning of
Article XIII, Section 8 of the Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of land.
7. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review and
approval of other agencies with regulatory control over work done in the
riparian corridor,specifically the State Department of fish and Game and the
U. S. Army Corps of Engineers.
8. The terms and conditions contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF;the parties hereto have executed this document on the day
And year first written above.
N N
ATTACHMENT1
ALL SIGNATURES MUST BE MOTORIZED
OWNER/GRANTOR
BOWDEN RANCH, LP
By
CITY OF SAN LUIS OBISPO
By
David F. Romero, Mayor
APPROVED AS TO FORM:
10N P. LOWEId.
City Attorney
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MEMORANDUM HR DIR
From the Office of the City Attorney
February 1, 2006
To: Mayor and City Council
From: Jonathan P. Lowell, City Attorney
Subject: February 7, 2006 City Council Meeting, Agenda Item C6,
Final Map Approval for Tract 2420 (Bowden Ranch)
In light of the potential conflict of interest posed by the proximity of Mayor Romero's home to
this project, Mayor Romero must recuse himself from participating in this decision. Therefore,
the CAO's recommendation is to authorize the Vice Mayor to execute the subdivision agreement
and accept the open space easements. The actual resolution approving the final map should also
be signed by the Vice Mayor.
RED FILE
METING AGENDA
DATE (ITEM #_