HomeMy WebLinkAbout05/02/2006, C8 - FINAL MAP APPROVAL FOR TRACT 2534-A SUBDIVISION WITH ONE RESIDENTIAL LOT (82 UNITS) AND TWO COMMERC council N.6mD� 05/02/06
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CITY OF SAN LUIS OBISPO C fyl
FROM: Jay Walter,Director of Public Works .
Prepared By: Carmen Leyva, Associate Civil Engineer
SUBJECT: FINAL MAP APPROVAL FOR TRACT 2534 — A SUBDIVISION WITH ONE
RESIDENTIAL LOT (82 UNITS) AND TWO COMMERCIAL LOTS LOCATED AT 3592
BROAD STREET—(BROAD STREET PARTNERS,L.P.)
CAO RECOMMENDATION
Adopt a resolution approving the final map for Tract 2.534 and authorizing the Mayor to execute the
subdivision agreement on behalf of the City.
DISCUSSION
The resolution and final map necessary to facilitate the final map approval for Tract 2533 are
Attachments 1 and 2. As Council may recall, the tentative map for Tract 2534 (Planning
Application No. U/TR/ER 24-03) was approved on August 03, 2004 per Resolution No. 9594
(2004 Series) (Attachment 3), which subdivides one existing parcel of land into one residential
lot with 82 units and two commercial lots.
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."
Public and private improvements plans have been approved by Public Works, Utilities and
Community Development Departments and are currently under construction. These
improvements include private 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 4, 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&R's) have been approved by the Community
Development Director and City Attorney and will be recorded concurrently with the final map.
The final map has been found to be in substantial conformance with the approved tentative map and
e r-1
Council Agenda Report -Fina, Map Approval - Tract 2534 Page 2
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 IMPACT
Typical maintenance and operation of public facilities will be required for water and sewer main,
fire hydrants and street improvements both on Broad and Sacramento Streets.
ATTACHMENTS
1. Draft Resolution
2. Map
3. Resolution No. 9594 (2004 Series)
4. Subdivision Agreement
[:\_CAR ReporLA2006\DevRev\Tract 2534
Aftachment S
RESOLUTION NO. (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2534
WHEREAS, the City Council made certain findings concerning tentative Tract 2534, as
prescribed in Resolution No. 9594(2004 Series), and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of$2,850,000
(Faithful Performance) and$1,425,000 (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
WHEREAS, all other conditions required per said Resolution No. 9594 (2004 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. 2534 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:
Attachment 1 cont.
Resolution No. (2006 Series)
Page Two
the foregoing Resolution was passed and adopted this day of ,2006.
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
C ORNEY JonadiAn P. Lowell
I:LCAR Reports\2006\DevRev\Tract 2534\Final Map Resolution for Tract 2534
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ATTACHMENT 3
RESOLUTION NO.9594(2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A USE PERMIT,VESTING TENTATIVE
TRACT MAP AND ENVIRONMENTAL REVIEW FOR A MIXED-USE
CONDOMINIUM PROJECT WITH 82 DWELLINGS AND 31,280 SQUARE
FEET OF COMMERCIAL FLOOR AREA
U/IR/ER 24-03(3592 Broad Street)
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall,990 Palm Street,San Luis Obispo, California,on August 3,
2004, for the purpose of considering.Application UPIR/ER 24-03, commonly referred to as the
Broad Street Mixed-Use Project; and
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
June 23, 2004 and September 10,. 2003, for the purpose of formulating and forwarding
recommendations to the City Council regarding the project;and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the proposed Mitigated Negative
Declaration for and has determined that the environmental document adequately addresses the
potential environmental impacts of the project; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by the
Planning Commission and staff,presented at said hearing.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of San.Luis
Obispo as follows:
Section 1. Environmental Review. The proposed Mitigated Negative Declaration for the
project adequately identifies all of the potential impacts of the project and the mitigation
measures and monitoring programs listed in Exhibit A are necessary to reduce potentially
significant impacts to less than significant levels.
Section 2. Subdivision Findings. The following findings are hereby made in support of
the proposed condominium subdivision.
1. The proposed map is consistent with the General Plan because the subdivision will
provide for mixed use residential development, consistent with the requirements and
limitations of the C-S zone.
R 9594
Resolution No. 9594 (2004 Series) ATTA C H M E N T �
Page 2
2. The design of the proposed subdivision is consistent with the General Plan because the
project helps meet the City's goal of maintaining a compact urban form.
3. The site is physically suited for the proposed type of development because it is an under-
developed site adjacent to existing street rights-of-way with complete City services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development,and utilities have been designed to serve the site per City standards.
5. The design of the subdivision is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because the creek on
the project site is going to be enhanced and maintained to provide significantly improved
habitat over the current condition.
6. The design of the subdivision is not likely to cause serious public health problems
because environmental impacts, such as noise, are mitigated by design and buildings in
the subdivision will be designed to meet existing building and safety codes.
7. The design of the subdivision will not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision because the
project will not conflict with any existing easements.
Section 3. Mixed.Use Proiect Findings. The following findings are required by the
Zoning Regulations (Section 17.08.072) and are hereby made in support of the proposed mixed
use project.
1. The project's mixed uses are consistent with the General Plan and are compatible with
their surroundings, with neighboring uses, and with each other because (1) all of the uses
proposed are allowed or conditionally allowed in the C-S zone, (2) as conditioned,
adjacent environmental noise and manufacturing activities will be disclosed to residents
of the project in the CC&R's, and (3) the uses that are allowed have been chosen to
insure compatibility and this use permit may be reviewed by the City if reasonable
written complaints are received from residents of the project or the Police Department.
2. The project's design protects the public health,safety and welfare because environmental
impacts have been identified and mitigated in the design of the project and the project has
been designed in a manner that is consistent with City standards and policies, such as the
City's Waterways Management Plan.
3. The mixed uses provide greater public benefits than single-use development of the site
because it provides a large number of residential units that are affordable by design, and
provides for alternative transportation use by residents and employees (transit stop,
showers and lockers for employees, a mix of services that keep employees and residents
on-site during the lunch hour,located along bike route).
Mandatory Finding for More Restrictive Standards(parking limitations)
4. Site specific property development standards are needed to protect all proposed uses of
the site and adjacent business because there is no on-street parking at either the Broad
�rve)
Resolution No.9594(2004 Series) ATTA C H M E H T 3
Page 3
Street or Sacramento Drive frontages of the project site.
5. A mixed-use parking reduction of 26% is appropriate because parking areas on the site
are shared and the peak hours of parking demand differ between the.residential and
commercial uses on the site.
Section 4. Master Use Permit Findings. This permit is intended to serve as a Master Use
Permit for Special Considerations, Restaurants, Medical Services — Doctor's Office, Office—
Production and Administrative,and Office-Processing.
Special Considerations(Required Findings)
1. The project is supported by Cal-Trans, which reviewed the preliminary design of
the driveway entrances and exits and participated in the environmental review of
the project.
2. Necessary public improvements are being secured through the permitting of the
development, including frontage improvements, street trees, traffic signal
improvements,street lighting and fire hydrants.
3. Site drainage has been designed consistent with the requirements of the
Waterways Management Plan,in consideration of the unique site constraints,such
as the culvert of Orcutt Creek at the southwest property line.
4. The project insures safe, orderly development within the Broad Street Annexation
Area because the project helps satisfy City goals for maintaining compact urban
form and is consistent with the General Plan.
Medical Services(Required Findings)
1. Medical services are compatible with surrounding land uses because adequate
parking is provided on-site to accommodate a wide range of mixed uses and, as
conditioned,
2. The project site is located along Broad Street, a street designated as an arterial,
and Sacramento Drive, a street designated as a commercial collector in the
Circulation Eement and has convenient access to public transportation because of
a transit stop located at the Broad Street project frontage.
3. The proposed medical service will not significantly increase traffic in residential
neighborhoods because the project site has access to Broad Street and is not
located adjacent to a residential neighborhood. Public use of the proposed
medical services does not require on-site traffic to pass through the residential
area.
ATTACHMENT 3
Resolution No. 9594(2004 Series)
Page 4
4. The proposed medical service is consistent with the Airport Land Use Plan
(ALUP) because the Airport Land Use Commission approved offices for the
project site and the overall development is consistent with the Safety Policies of
the ALUP.
5. The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services because the project site is
especially suited for a mixed-use project because of its location.
Offices(Required Findings)
1. Offices will be compatible with existing and proposed uses in the area because the
project site has access to Broad Street, public transportation, bike routes and
convenience facilities for employees are anticipated on-site.
2. The project location will not significantly direct traffic to use streets in.residential
zones because there are no residential zones bordering the project site.
3. The project will provide adequate mitigation to address potential impacts related
to noise, light and glare, loss of privacy and other impacts on nearby residential
areas because, as a mixed-use project, these considerations are integral part of the
project design.
4. The project will not preclude industrial or service commercial uses in areas
especially suited for these uses because the proposed location is more suited to the
types of retail and service uses allowed in the Service Commercial zone,than it is
to industrial uses because of the high visibility of the Broad Street corridor.
5. The project will not create a shortage of C-S zoned land available for service
commercial or industrial development because there are vacant, developable and
under-utilized properties through-out the City in the C-S zone and the City is
currently developing Specific Plans for two major expansion areas that will be
able to accommodate these uses.
Section 6. Conditions of Ayvroval. The Council does hereby establish the following
conditions of approval.
Affixed-Use.Project Conditions
1. The Inclusionary Housing Requirement for the project is 10 ADUs. A minimum of 6
affordable dwelling units shall be provided by the developer in a mariner consistent with
the City's Affordable Housing Standards, to include at least 3 rentals and 3 for-sale units
(two separate duplex units and one tri-plex unit, floor plans to the approval of the
Community Development Director). No two Affordable Dwelling Units may be located
within the same building. The applicant may pay a pro-rated Inclusionary Housing Fee
to meet the full requirement, or provide four additional ADUs on site, to the approval of
the Community Development Director.
— n
ATTACHMENT 3
Resolution No. 9594(2004 Series)
Page 5
2. Occupants of each residential unit within the project site shall be limited to a maximum
collective ownership of two automotive vehicles (cars, trucks, vans). The CC&R's for
the project shall include an affidavit to this effect which must be signed by each owner or
tenant as certification that each unit is in compliance with the requirement. The language
Of the affidavit shall be to the approval of the City Attorney and Community
Development Director.
3. Garages within the project shall be used exclusively for parking vehicles and may not be
used for general storage, recreation or other uses that would prevent the parking of
vehicles as required by the Zoning Regulations.
4. CC&R's shall address use of facilities by non-resident guests, alcoholic beverage
consumption in common areas, and shall provide sufficient penalties to address
violations,to the approval of the Community Development.Director.
5. The project CC&R's shall include:a requirement that all owners and their tenants consent
to the higher noise levels they will experience living on the project site, and that these
noise levels may increase in the future as additional properties build out and existing
businesses expand their operations. The CC&R's will state that the project site is located
in an area designated for services and manufacturing and the City's Noise Ordinance
does not include the same protections in this area as it does for residential neighborhoods,
to the approval of the Community Development Director.
6. The Mixed Use Project is subject to the use matrix provided in Exhibit B of this
resolution. Modifications to the use matrix require the approval of the Planning
Commission.
7. Restaurant uses on the project site shall be required to include interior spaces for the
storage of food scraps and other waste and shall contract for daily garbage service,to the
approval of the Architectural Review Commission or the Community Development
Director. Refuse storage areas shall be kept clean and odor free. If trash must be
relocated from the interior space of a restaurant to one of the exterior trash enclosures on-
site, it shall be done as close as possible to the trash pick-up time. To address noise
issues, plans for tenant improvements shall be evaluated to keep kitchen areas away from
exterior doors and windows,where residential units are located above.
8. The CC&R's for the project shall limit restaurant activities that create very strong odors,
such as coffee roasting. Complaints relative to restaurant or other odors will be evaluated
by the Administrative Hearing Officer,per condition#11.
9. Hours of operation for all commercial uses on the project site are limited to between 8
a.m. and 6 p.m., unless the Director approves an Administrative Use Permit for extended
hours.
10. The property managers for the project shall be required to maintain an updated and
accurate parking calculation worksheet for the commercial portions of the project site.
ATTACHMENT
Resolution No. 9594(2004 Series)
Page 6
The worksheet shall be submitted to the Community Development Department with
every use permit application required by this resolution.
11. This use permit shall be reviewed by the Administrative Hearing Officer if any
reasonable written complaint is received from any citizen or from the Police Department.
At the review hearing the Hearing Officer may establish additional conditions of approval
as deemed necessary to insure on-going compatibility between commercial and
residential uses on the project site. The Hearing Officer may refer the complaint to the
Planning Commission at his/her discretion.
12. The applicant shall provide a continuous sidewalk between the project site and the
Industrial Way intersection with Broad Street in order to provide residents of the project
with safe and convenient access to the Damon Garcia Sports Fields.
Transportation Conditions
1. Striping and Signage. The developer shall provide a signing and striping plan showing
changes resulting from the project, to the satisfaction of the Public Works Director. Said
plan shall include travel lanes, bike lanes, traffic signals, street lighting, and associated
signage.
2. Bicycle Lanes. The applicant shall stripe bicycle lanes along the project's Sacramento
Drive frontage, consistent with the Bicycle Transportation Pian. Applicant shall submit a
cross section plan for Sacramento Drive showing how the bike lanes will be
accomplished across property frontage and adjoining parcels between Capitolio Way and
the southern edge of the project site.
3. Main Driveway—The width of the main access drive shall be adjusted to accommodate
one incoming lane and two outbound lanes (12 m minimum).
4. Prado Intersection. Project plans submitted for a building permit application shall
include the most current Prado Road intersection information which will determine the
location of handicap ramps and crosswalks on the project's Broad Street frontage.
5. Traffic Signals. Prior to the issuance of building permits, applicant shall request of
receive from Caltrans all necessary permits to install traffic signals at the Capitolio—
Broad and Prado-Broad Street intersections. As a condition of project occupancy,
applicant shall complete the installation of said traffic signals,to the approval of Caltrans
and the Public Works Director. All proposed traffic signals will be constructed with
emergency preemption actuation (Opticom).
If Caltrans does not support traffic signal installation at the time of issuance of the
project's building permits, applicant shall install the traffic signal conduit and pull boxes
and bond for the full cost of the signal's design and installation, for a period not less than
five years and annually submit a signal warrant analysis to Caltrans and the City to
monitor the need for signalization. The applicant is also required to provide an
I
. �1\
ATTACHMENT 3
Resolution No.9594 (2004 Series)
Page 7
alternative traffic management plan (striping, turn movement restrictions, etc.) for
approval by Cal Trans and the Public Works Director as a condition of occupancy.
If the traffic signal is installed at the time of project development, applicant may request
partial reimbursement of costs from the Public Works Director as a credit toward the
requisite transportation impact fee. If traffic signal installation is deferred pending
Caltrans concurrence, applicant may request a rebate of a portion of the transportation
impact fee at the time that the signal is actually installed.
The amount of fee credits or rebates shall be as determined by the Public Works Director,
taking into consideration the project's percentile contribution to forecasted traffic volume
on Capitolio Way that causes level of service to exceed LOS D at the Capitolio-Broad
intersection, or the percentile increase in average vehicle delay attributable to project
traffic.
6. Pedestrian Facilities. The proposed pedestrian bridge over the creek that bisects the site
shall have a minimum clear inside width of 2.4 m (8 feet) with ramps at either end to
accommodate people with disabilities.
Applicant shall provide an on-site pedestrian walkway connection from the Prado/Broad
Street intersection to the residential development on the east side of the creek.
7. Broad Street Sidewalk. The public sidewalk on Broad Street shall be relocated to the
edge of the public right of way to provide an additional landscape buffer between the
sidewalk and Broad Street.
8. Transit Turnout and Shelter. The applicant shall work with the City Transit Manager and
owners of adjoining property to the north (Stanley Motors property) to establish a transit
turnout and shelter along Broad Street. The turnout shall be located north of the project's
Broad Street driveway and its design shall comply with Engineering Standard 4920,
accommodating a single transit vehicle. The design of the transit shelter and the design
and provision of any ancillary facilities (trash container, night lighting, benches, and
signs) shall be consistent with standards contained in the City's Engineering Standards
and the Short Range Transit Plan(SRTP).
Applicant shall provide any additional right-of-way needed to accommodate the turnout.
Applicant shall install all required improvements prior to project occupancy and shall
receive a transportation impact fee credit for the documented costs of transit turnout
construction.
9. Project CC&R's. The project's CC& R's shall include language notifying property
owners that Sacramento Drive is designated as a Class 2 bike route and when the bike
lanes are installed, on street parking on Sacramento Drive will be removed.
Public Right-of-way
ATTACHMENT
Resolution No.9594 (2004 Series)
Page 8
1. Complete street improvements shall be constructed in accordance with the most current
City regulations, City of San Luis Obispo Engineering Standards and Standard
Specifications (curbs, gutters & 2m sidewalks, full width street pavement, signing,
striping, barricades, street lights, etc.). Sidewalk along the Broad Street frontage shall be
a 2m wide detached sidewalk with back of walk located at property line. The resulting
strip between the detached sidewalk and curb shall be landscaped, including street trees
street trees to the satisfaction of the Public Works and Community Development
Directors.
2. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut-
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the developer.
3. Access rights along Broad Street, except at approved driveway locations shown on the
tentative map,shall be dedicated to the City.
4. The developer shall design medians per the Broad Street corridor plan to the satisfaction
of the Public Works Director.
5. The subdivider shall dedicate a 2m wide public utility easement across the Sacramento
Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with
all public right-of-way lines bordering each lot.
6. The subdivider shall dedicate a 3m wide street tree easement across the Sacramento
Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with
all public right-of-way lines bordering each lot.
7. All proposed private streets shall comply with the City of San Luis Obispo Engineering
Standards and pavement design shall be based on a Traffic Index of 6.5.
8. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults;fusing, wiring, lumenaires, etc.)per City standards, including street lighting along
Broad Street and Sacramento Drive.
9. The subdivider shall construct a bus turn-out, transit shelter, "Punch" post sign and trash
receptacle,to the satisfaction of the Public Works Director. The
Water,Sewer& Utilities
1. The proposed on site sewer main will be privately owned and maintained by the
Homeowner's Association.
2. 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.
ti�
\ 1
ATTACHMENT
Resolution No. 9594(2004 Series)
Page 9
3. The subdivider shall dedicate an easement fora public water system over all private
streets or driveways, parking areas (including planters and raised medians) and common
areas to the satisfaction of the Public Works Director and Utilities Engineer.
4. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s),to the satisfaction of the Public Works Director and utility companies.
5. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each parcel to the satisfaction of the Public Works Director and serving
utility companies. Utilities to new residences shall be underground.
6. The subdivider shall provide individual electrical, phone, television, natural gas, water
service, and sewer connections to the approval of the affected utility companies and the
Public Works Director.
Grading&Drainage
1. The rate of runoff from the site post development shall not exceed that of predevelopment
for the 2, 10, 100 year and 24hour stone. Analysis and design of stormwater facilities
shall be consistent with the City's Waterways Management Plan Drainage Design
Manual.
2. In order to mitigate for a decrease in water quality, the stormwater runoff from all
improved areas of the development site, except rooftops, shall be treated in accordance
with the Best Management Practices published in the California Stormwater Quality
Association's Best Management Practice Handbook, January 2003. For the purposes of
water quality design, all water quality BMPs shall be designed to treat runoff from a 25
mm/24-Hour storm event.
3. The CCRs for the project shall require that the homeowners association submit, to the
City of San Luis Obispo Public Works Department, a detailed report prepared by a
licensed Civil Engineer addressing the condition of all private stormwater facilities and
any necessary maintenance activities on a semi-annual basis (April 30 and October 1 of
each year). The CCRs for the project shall also include detailed procedures for
maintenance and operations of any storm water facilities.
4. A final hydrology report indicating how the. project meets the requirements of the
Waterways Management Plan and other applicable City standards shall be submitted
prior to map recordation. The scope of the report must include analysis of all existing
public and private drainage facilities and creek capacities between this property and an
adequate point of disposal. All proposed detention basin and drainage improvements,
except those within a public street, shall be privately owned and maintained by the
property owner and homeowners' association. Any lots or building pads,identified in the
hydrology report to be subject to flooding during a 100-yr storm shall be constructed to
conform with the City's flood damage prevention regulations and the City's Waterways
Management Plan. The preliminary report has been submitted and accepted by the Public
Works Department
r
ATTACHMENT 3
Resolution No. 9594(2004 Series)
Page 10
5. All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the City's Flood Management Policy Book
(specifically regarding clear spanning of creeks, etc.) and be approved by the Public
Works Director,Army Corp of Engineers, and Fish&Game.
6. Any necessary clearing of existing creek and drainage channels, 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 California Department of
Fish&Game.
7. All lots shall be graded to preclude cross-lot drainage, or, appropriate casements and
drainage facilities shall be provided,to the satisfaction of the Public Works Director.
8. 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 one or more acre. 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 Resources Control Board.
The WDID # from the State Water Resources Control Board shall be included on all
plans submitted to the City involving ground disturbing activities.
Mapping Requirements
1. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor in accordance with the Professional Land Surveyors Act, the
Subdivision Map Act and the Subdivision City's Regulations.
2. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" -meters)for direct import
into the Geographic Information System (GIS) database. Submit this data either via
email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD,
version 2000 or earlier (model space in real world coordinates, NAD 83 _ m). If you
have any questions regarding format,please call prior to submitting electronic data.
3. The final map 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.
4. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the AutoCAD compatible
1
ATTACKPIEKI!T 3
Resolution No.9594(2004 Series)
Page 11
drawing files and any associated plot files along with one original, stamped and signed,
ink on mylar set of plans.
5. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans and record drawings,compatible
with AutoCAD for Geographic Information System (GIS) purposes, in accordance with
the City's Engineering Standards,to the satisfaction of the Public Works Director.
6. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map
shall be processed as a condo conversion per Municipal Code Chapter 17.82.
Utilities Code Requirements
1. 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 the Wastewater Impact Fees are based on a per unit basis for
the residential buildings, and the size of the water meter(s) for the non-residential
components of the development. Water and Wastewater Impact Fees shall be paid at the
time building permits are issued. Credit is.given for existing accounts on the property.
2. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well. The continued use of any well will be
allowed only on the parcel containing the well. All backflow preventers shall be
approved by the University of Southern California Foundation for Cross-Connection
Control and Hydraulic Research. The project shall be coordinated with the County
Cross-Connection Inspector,Henry Ruiz,who can be reached at 781-5567.
3. Non-residential uses require a separate connection to the public water system for
automatic fire sprinklers. The fire service lateral shall include a USC approved backflow
preventer appropriate for the proposed use. The backflow preventer shall be located as
close to the public right-of-way as possible, in direct alignment with the connection to the
public water main. The backflow preventer can be located no further than 25 feet from
the right-of--way line without prior written approval of the Utilities Engineer. If the fire
service supports one or more fire hydrants, the USC approved backflow preventer shall
also include detector capabilities (double detector check assembly). The FDC may be
located behind the backflow prevention assembly, in accordance with manufacturer's
recommendations. The location and orientation of the FDC shall be approved by the Fire
Department.
4. 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.
Utilities Conditions
ATTACHMENT 3
Resolution No.9594 (2004 Series)
Page 12
1. The development of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that any existing sewer lateral to the property must be abandoned
at the main as a condition of development, unless the lateral is intended for use with the
proposed development and it passes a video inspection. If the sewer lateral is intended for
this purpose, the owner shall submit a VHS videotape documenting the internal condition of
the pipe to the Utilities Department for approval.
2. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use, including proper separation from potable water facilities and
sanitary sewer facilities. Appropriately sized reclaimed water mains shall be constructed
from the City's trunk system to these irrigation areas. If reclaimed water is not yet
available, the system shall be designed and constructed to reclaimed water standards,and
temporarily connected to the City's potable water system in the area of the anticipated
connection to the reclaimed water system. Appropriate backflow protection shall be
installed with this connection to the satisfaction of the County Cross Connection
Inspector,Henry Ruiz,who can be reached at 781-5567.
On motion of Council Member Settle, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Member Ewan and Settle,and Mayor Romero
NOES: Council Member Mulholland and Vice Mayor Schwartz
ABSENT: None
The foregoing resolution was passed and adopted this P day of August,2004.
Mayor David F.Romero
ATTEST:
Diane Reynol s, .M.C.
Deputy City CWW
Resolution No.9594(2004 Series) ATTACHMENT 3
Page 13
APPROVED AS TO FORM:
Jo ath Lowell
Cit A ttomey
Attachment 4 cont..
40
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2006 by and
between Broad Street Partners, L.P., 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 2534, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2006..
The Subdivider desires that said Tract No. 2534 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
Attachment 4 cont.
M M
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
Attachment 4 cont.
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of.$ 2,850,000 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
�0 zy
Attachment 4 cont.
N
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($1,425,000) in
accordance with State law.
Said Subdivider has paid an inspection fee of$211,855 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
spec cations 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.
Attachment 4 cont.
IN WITNESS WHEREOF; this agreement has been executed by:
CITY OF SAN LUIS OBISPO Cente eal E ate Co oration;
A Neea Co oratio
-1NtS'0jj 5 'r?
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITE.' RNEY Jonathan P. Lowell
EXHIBIT 1
TRACT 2534
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of$4,000 to cover
the installation of survey monuments in accordance with the approved map and payment for
the 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. Applicant shall bond for the full cost of the signal's design and installation: The applicant is
also required to submit a signal warrant analysis to Caltrans and the City to monitor the need
for signalization fora period not less than five years.
Exhibit A
� N
EXHIBIT 2
TRACT 2534 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $2,850,000 Bond 03/27/06
Labor&Materials(50/0 of total cost of $1,425,000 Bond 03/27/06
improvements,
Early Grading Guarantee
Monument Guarantee $4,060 03/27/06
Fees:
Map Check Fee $1,111 03/02/06
Plan Check Fee $49,795 06/03/05
Improvement Plan Inspection $211,855 11/17%05
Park In-Lieu Fee' (80)*$3,545= Due prior to map recrdatn
$283,600
Affordable Housing Requirements
Water Impact Fee'
Wastewater Impact Fee'
Transportation Impact Fee'
T2534 Subdivision Agreement
1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units.
L z�