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Home My WebLink About09/04/2007, C4 - APPROVAL OF THE FINAL MAP FOR TRACT 2570, 2070 FIXLINI STREET (TR/ER 95-03) council °'° °Dae 09/04/07 j ac,Enaa REpout CITY O F SAN LUIS O B I S P O FROM: Jay D. Walter,PE-Director of Public Wo Prepared by: Diane Dostalek SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2570, 2070 FIXLINI STREET (TR/ER 95-03) CAO RECOMMENDATION Adopt a resolution approving the Final Map for Tract 2570 located at 2070 Fixlini Street and authorizing the Mayor to execute the subdivision agreement and biological open space easement agreements on behalf of the City. DISCUSSION The vesting tentative map (Attachment 1) for Tract 2570 (TR/ER 95-03) was approved by City Council on November 16, 2004, by Resolution No. 9622 (2004 Series) (Attachment 2), which authorized creating 13 single-family residential 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." However; that same section also states that "Once a timely filing is made, subsequent actions of the local agency, including but not limited to, processing, approving, and recording, may lawfully occur after the date.of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section." The final map was first submitted . to the city engineer for processing on June 14, 2005, and was determined to be complete and ready for approval on October 30, 2006. Therefore, the final map can be approved and recorded without processing a new tentative map. As a condition of approval of Tract 2570, biological open space easements were required to be dedicated with the map on a portion of two lots. The easements are shown on the map and easement agreements which restrict the property owners' use of these areas have been submitted. All required subdivision improvements have been completed, or appropriate securities have been submitted to guarantee completion of the improvements. On September 6, 2005, Council authorized the Public Works Department to collect a $100,000 payment for a future traffic signal at the Johnson/Ella intersection in lieu of undergrounding overhead utilities. That payment, along with all other fees required of this subdivision, has been collected. The draft resolution (Attachment 3) approving the final map also authorizes the Mayor to sign the Subdivision Agreement and the Biological Open Space Easement Agreements. V yr/ Council Agenda Report- Fina. Map Approval-Tract 2882 Page 2 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." 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. No further discretionary approvals are required. CONCURRENCES The Community Development Director concurs with the recommended action. FISCAL UVWACT There is no significant financial impact to the City with this proposed subdivision. Increasing the amount of public streets and right-of-way has a cumulative financial impact to the City for infrastructure maintenance. However, due to the size of this tract, maintenance can be accomplished within existing resources. ATTACHMENTS 1. Tentative Map, including Vicinity Map 2. Resolution No. 9622 (2004 Series) 3. Draft Resolution g:\staff-reports-agendas-minutes\_car\2007\devrev\tract 2570\car-anal map approval for tract 2570.doc c y-Z • 1 1, _I Y� b 11 p, 1 � ��sac. nl'i4 Z' all �r � • A ��.m In =21 ,\ -y,�3a'11v2N�vi!y rtN�' \n1Y1?�VNI 1N11M'A cmA IIIUK711l ; • � 31 4tr.�ln 11" So tl� _ uA �Nni 1 rdi- :I I; • all - xl • . •W ��-tee!'+ ��p, �� -•�E 11 1 •.�� n � �-,\ �� .1 LWI ' o om •L IS Ilk VCM•'!►'► .. �...�._..- �_ � ��-_i��1�1;1�t�Yi' �i', a may. nl. tea�! 031, �� a.� O ��u.r i\\\\1��d9a�°x,l f +filtl ` ` " �• �• �.",:��tea`. 11 rL � ••z;a+x141'A1:1!(+{u NRNA 446 MON � '04 '�sll�`ti►i``�i ' �� (Ing I ' [�I`/l�c�cr��i�i-�`/r•`��1)�_�snii� �Y�ir•1L��.i� • ..' Attachment 2 RESOLUTION NO. 9622 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENATIVE TRACT MAP WITH EXCEPTIONS, AND MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 2070 FIXLINI STREET (TR/ER 95-03; TRACT 2570) WHEREAS, the Planning Commission 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 September 22, 2004, and recommended approval of Application TR/ER 95-03, a request to subdivide a 4.55 acre site into 13 single-family residential lots; and 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 November 16, 2004, for the purpose of considering Application TR/ER 95-03; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental.impact.for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's Low Density Residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established in the neighborhood. 2. The site is physically suited for the proposed type of development because it is a vacant site adjacent to existing street right-of-ways with complete City services. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all adjacent properties are accessed R 9622 C y-s Attachment 2 Resolution No. 9622 (2004 Series) Page 2 independently and the resulting parcels will have separate street frontage and access from the Fixlini Street extension. 4. The design of the tentative parcel map is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidable injure fish or wildlife or their habitat because the perennial creek, two springs, wetlands and woodlands along the property's southeast and northeast boundaries will be protected and enhanced to provide significantly improved habitat over the current condition. 5. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in the Subdivision Ordinance because the site contains sensitive resource areas (creeks, wetlands, woodlands, trees) that must be protected and a moderate slope where a narrower street section will minimize grading, thereby reducing drainage impacts, erosion and sedimentation and visual resources. 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification, because other findings are made to support approval and the exceptions relate to existing physical conditions of the project site. 7. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the exceptions will result in a reduced street width that can provide adequate emergency vehicle access and an alternate parking equivalent consistent with the Subdivision Regulations to standard curbside parking. 8. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City, because the exceptions allow the project to respect existing site constraints and does not grant special privileges or modify allowable land uses within the existing R-1 zoning district. 9. A Mitigated Negative Declaration was prepared by the Community Development Department on September 13, 2004. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: I Attachment 2 Resolution No. 9622 (2004 Series) Page 3 Mitigation Measures: Aesthetics I. All 13 lots are designated as "sensitive sites This status ensures that future site development will respect existing site constraints (slope, creek, springs, trees), privacy of occupants and neighbors of the project, and be compatible with the scale and character of the surrounding neighborhood. The development of the lots, either cumulatively or individually, will require Architectural Review in accordance with Municipal Code Section 2.48. ➢ Monitoring Program; Compliance with this requirement will be monitored through the review of detailed plans submitted for Architectural Review and Building Permit by the Community Development Department staff. Air Quality 2. Development of the site could result in increased levels of fugitive dust associated with construction and grading activities, as well as construction emissions associated with heavy-duty construction equipment. The following mitigation measures have been provided by the APCD to control dust and minimize potential violations for the project: (A)Reduce the amount of the disturbed area where possible. (B)Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be used whenever possible. (C)All dirt stock-pile areas should be sprayed daily as needed. (D)Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. (E)All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. (F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the site. (G)In the event that the excavation of materials will take place in close proximity of asphalt, street sweepers shall be used at the end of each day if soil material is carried onto adjacent paved roads. (H)All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC section 23114. Cy-� \ � I - Attachment 2 Resolution No. 9622 (2004 Series) Page 4 (I) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. (J) Plant shade trees along southern exposures of buildings to reduce summer cooling needs as well as planting trees on both sides of.the roads to reduce the reflective radiating heat of asphalt roads. (K)Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. (L) Sweep streets at the end'of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. All PM mitigation measures must be included on grading and building plans. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map;recordation and grading. 3. The project site is located in a Naturally Occurring Asbestos candidate area. Naturally Occurring Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very. common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects, to the approval of the I APCD. The APCD monitors State air quality requirements and will be routed plans that are submitted for building perrivts for the project to insure compliance with all standards and requirements. APCD also responds in the field during construction on a complaint basis. ➢ Monitoring Program: Construction phase air quality mitigation measures are monitored by the Air Pollution Control, District (APCD), through a complaint based enforcement system. The requirements listed above are noted on the project plans and the City Building Inspector and Public Works Inspector for the project are instructed to contact APCD in the event of a probably violation. Members of the public can also call APCD if they are concerned about dust or other emissions from a construction site. Building permits for the project wily, not be issued until the APCD has "signed-off' on the applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program. I Attachment 2 Resolution No. 9622 (2004 Series) Page 5 Biological Resources 4. The disruption of the wetland and creek areas will be properly mitigated by complying with the California Department of Fish and Game streambed alteration permits and the U.S. Army Corps of Engineers wetland permits. The applicants (or their successors) for the proposed project will prepare the necessary documentation/mitigation plans to obtain the permitting from these agencies. 5. Prior to final map approval and recordation, a Biological Open Space Easement Agreement shall be recorded to ensure that the riparian woodland, wetland and oak woodland resources are properly protected and managed after site development and no ornamental planting or other related disturbances occur following development, subject to the approval of the Natural Resources Manager. 6. Once a more detailed grading plan is available, a plant ecologist/restoration specialist shall prepare a landscape restoration plan for the open space easement. The plan shall survey the site for sensitive plant species as identified in the Biological Resources Assessment and Constraints Analysis prepared by Rincon Consultants Inc.; identify suitable sites for replanting the species affected, establish replanting ratios, and contain a monitoring plan to ensure the success of the replanting. Planting shall be completed as part of subdivision improvements. 7. A control fence delineating the open space easement boundary shall be installed prior to construction. A qualified biological monitor shall be present during all construction or landscaping activities scheduled to take place within the barrier, to the approval of the Natural Resources Manager. 8. Erosion control measures shall be used to ensure that no sedimentation of the creek channel occurs as a result of construction activities. 9. The Architectural Review Commission shall review the design and location of all fencing proposed adjacent to the open space easement to ensure consistency with the Creek Setback Ordinance and the Community Design Guidelines. 10.Tree #111, a T' DBH Coast Live Oak, shall be preserved and protected through means established by the International Society of Arboriculture to the satisfaction of the City Arborist. 11. All approved tree removals shall comply with all requirements contained in the Migratory Bird Treaty Act, which prohibits the removal of trees with active nests until such time as the young have fledged and the nest is abandoned. Cy-9 Attachment 2 Resolution No. 9622 (2004 Series) Page 6 ➢ Monitoring Program: Compliance with these requirements will be monitored by the Community Development and Public Works Departments through review of the project's Biological Easement Agreement, final map requirements, daily on-site inspections by the Building and Public Works Inspectors,architectural review of the new home designs and release of building occupancy. Geology and Soils 12. Building plans and specifications for site development shall incorporate all recommendations included in the Engineering Geology Investigation and Soil Engineering Report prepared by GeoSolutions, Inc. for the project dated July 13, 2003, subject to the approval of the Chief Building Official. ➢ Monitoring Program: Building permits are required for all proposed grading activities and construction of common improvements on-site. These building permits will be evaluated for compliance with the recommendations of the soils report. Hazards and Hazardous Materials 13. Prior to issuance of a building permit for any site improvements, the half buried 55- gallon drum shall be removed by a qualified professional and disposed of at a facility able to adequately handle the container and its contents, and any contamination identified by the qualified professional shall be removed from the site and cleaned-up to meet Regional Water Quality Control Board standards. ➢ Monitoring Program: The Planning Division of the Community Development Department will review plans submitted for any building permit application and require that the applicant provide documentation that the half buried 55-gallon drum has been property removed from the site, and any residual contamination cleaned-up to meet Regional Water Quality Control Board standards. Hydrology and Water Quality 14, Stocmwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices (BMPs) 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. ➢ Monitoring Program: Building permit applications submitted for subdivision improvements and applications for Architectural Review of house designs will be reviewed by the Public Works and Community Development Departments for compliance with this requirement. � y-�o Attachment 2 Resolution No. 9622 (2004 Series) Page 7 Noise 15. The following construction methods shall be incorporated in to the design of the buildings on lots 8, 9 & 10 to achieve a Noise Level Reduction of 25 dB for transportation related noise sources: (A)Provide air conditioning or a mechanical ventilation system, .so windows and doors may remain closed. (B)Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or less, per ANSI specifications). (C)Provide solid-core exterior doors with perimeter weather stripping and threshold seals. (D)Cover exterior walls with stucco or brick veneer, or wood siding with 1/2" minimum thickness fiberboard ("soundboard"). (E) Keep glass area in windows and doors below 20% of the floor area in a room. (F) Provide baffles for roof or attic vents facing the noise source. 16. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required lOdB of outdoor noise reduction for lot 9 and 5 dB outdoor noise reduction for lot 10. The design of the noise barriers shall be reviewed and approved through the Architectural Review process as part of the design review of the homes, prior to installation, to ensure design consistency with the Community Design Guidelines. Depending on the design and location of the home and sound barrier for lot 9, a 5dB outdoor noise reduction may be achieved for lot 10, and a separate sound barrier may not be required for this lot. A continuous sound wall is the least desirable solution to address this impact. Partial walls, building placement, or other solution shall be given preference consistent with General Plan policy direction. ➢ Monitoring Program: Compliance with these requirements will be monitored through the review of detailed plans submitted for Architectural Review and Building Permit by the Community Development.Department staff. Transportation/Traffic 17. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out until such time as a dedicated center turn lane is installed on the project's Johnson Avenue frontage. 18. The existing power poles on the project's Johnson Avenue frontage shall be removed. ell Attachment 2 Resolution No. 9622 (2004 Series) Page 8 19. The vegetation along the project's Johnson Avenue frontage shall be trimmed and maintained to provide adequate visibility for motorists, subject to the approval of the Public Works Director and Natural Resources Manager. 20. Since an alternate, lesser width, street section is being utilized for the project and curbside parking is not provided, a parking equivalent of one .space per 25 feet of frontage, for a total of seventeen spaces, shall be provided for the project to the approval of the Public Works and Community Development Directors. Such alternate parking shall be provided within a public right-of-way, or on lots adjacent to the street, with convenient access to the street.. 21. Prior to final map approval and.recordation, a 10-foot wide pedestrian access easement shall be recorded for the purpose of providing an alternative bicycle and pedestrian transportation route through the project site, subject to the approval of the Public Works Director and Natural Resources Manager. 22. Sidewalk improvements shall be installed on the easterly side of the Fixlini Street extension for lots 1, 2, 3 & 4 to properly connect the project to existing sidewalk improvements along Fixlini Street and the 10-foot wide pedestrian access easement, subject to the approval of the Public Works Director. ➢ Monitoring Program: Building permit applications submitted for subdivision improvements will be reviewed by the Public Works and Community Development Departments for compliance with these requirements. SECTION 3. Action. The City Council does hereby approve Application TR/ER 95-03 with incorporation of the following conditions and code requirements into the project: Conditions: 1. Prior to final map approval, the building envelope for lot 9 shall be revised to show compliance with the R-1 zoning district street yard setback standard of 20-feet along Johnson Avenue. 2. The final map shall include a note stating that development of the lots, either cumulatively or individually, requires Architectural Review in accordance with Municipal Code Section 2.48. 3. The final map shall indicate driveway locations for lots 8 & 9. Driveway access onto Johnson Avenue shall not be permitted and driveways shall not be located within the first 20-feet of the beginning of the curb return. Cy-�� Attachment 2 . iF. Resolution No. 9622 (2004 Series) Page 9 4. 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: 1. All streets shall be constructed as shown on the vesting tentative map in accordance with the most current City regulations, City of San Luis Obispo Engineering Standards and Standard Specifications except as follows: a. The street "dogleg" adjacent to Lot 4 shall be eliminated and replaced with a knuckle or an alternative design that accommodates two way traffic, without traffic encroaching in the opposite travel lane, to the satisfaction of the Public Works Director. b. The inside and outside curves for the parking insets hall have a minimum radius of 6.1 in. c. City standard curb and gutter shall be installed, in lieu of the rolled curb shown on the tentative map. 2. Since curbside parking is not provided, alternate parking equivalent of one space for each twenty-five feet of frontage shall be provided. Such alternate parking shall be provided within a public tight-of-way, or on lots adjacent to the street, with convenient access to the street. 3. 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 subdivider. 4. The subdivider shall secure offsite dedication and improve, to City Standards, the extension of Fixlini Street to the Northwesterly subdivision boundary. If this right-of- way dedication has not been acquired by the time of final map approval, the City shall lend its power of eminent domain, in accordance with Section 66462.5 of the California Government Code. 5. The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree easement across all public street frontages. Said easement shall be adjacent to and contiguous with the public right-of-way. 6. The subdivider shall dedicate a minimum 2m wide public pedestrian easement along the Northeasterly side of the Fixlini Street extension along proposed lots one through four. Cy-,c3 Attachment 2 Resolution No. 9622 (2004 Series) Page 10 Said easement shall be adjacent to and contiguous with the public right-of=way. Water, Sewer & Utilities 7. 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. 8. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s), to the satisfaction of the Public Works Director. 9. The subdivider shall provide each lot individual electrical, phone, television, natural gas, water service, and sewer connections to the approval of the affected utility companies and the Public Works Director. 10. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards and P, G and E's requirements. Grading & Drainage 11. Improvement plans shall include a complete grading, erosion control and drainage plan and appropriate calculations for the entire site. The grading plan shall include existing and proposed contours to clearly depict the proposed grading and drainage for this development. 12. The rate of runoff from the site post development shall not exceed that of predevelopment for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall be consistent with the City's Waterways Management Plan - Drainage Design Manual. 13. All proposed detention basin and drainage improvements, except those within a public street, shall be privately owned, in an easement or separate lot and maintained by a homeowners' association. 14. The CCRs for the project shall require that the homeowners association or acceptable maintenance organization 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 I of each year). The CCRs for the project shall also include detailed procedures for maintenance and operations of any storm Water facilities. 15. All bridging, culverting and modifications to the existing creek channels must be in Attachment 2 Resolution No. 9622 (2004 Series) Page 11 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. 16. 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. 17. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Public Works Director. 18. 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 acres. 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 WDH) # from the State Water Resources Control Board shall be included on all plans submitted to the City involving ground disturbing activities. 19. A copy of the Stormwater Pollution Prevention Plan required by the State Water Quality Control Board shall be included with the Public Improvement Plan set. Mapping and Misc. Requirements 20. 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 licensed land surveyor or registered civil engineer authorized to practice land surveying. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 21. The final map shall include any required public or private easements as required for the proposed development of the tract. Easements may include, but are not limited to, grading, drainage, water, sewer, storm drainage, access, vehicle tum-around, and utilities. Any CC&Rs, maintenance or common driveway agreements shall be completed and recorded concurrent with final map approval. 22. The Final Map shall show the area of the Johnson Avenue widening that was granted to the City, according to a Grant Deed recorded in Volume 1344 Page 669 of Official Records in the office of the County Recorder, San Luis Obispo County, California. 23. The two exterior comers of the subdivision shall be tied to at least two points of the City's horizontal control network (these tie lines shall be shown on the final map), California State e.41-15- _ Attachment 2 Resolution No. 9622 (2004 Series) --• t :, Page 12 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. 24. 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 Public Works Director. 25. 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 electronic drawing files (.dwg) and any associated plot files. 26. Prior to acceptance by the City of public improvements, the subdivider's engineer shall submit a digital version of all public improvement plans and record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic 'Information System (GIS) purposes, to the satisfaction of the Public Works Director. 27. All public facilities shall be located within proposed easements or property deeded to the City. 28. Upon development, a water allocation will be 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 charged on a per residential unit basis. 29. Some off-site public sewer must be constructed in order to serve this project. At the City's discretion, the applicant may be required to construct the sewer main extension across the entire frontage along Johnson Avenue. Additional comments will likely follow the submittal of complete improvement plans for the tract and off site improvements. 30. 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. Attachment 2 r Resolution No. 9622 (2004 Series) Page 13 31. One street tree is required per_35 lineal feet of street frontage or any part thereof. Trees shall be planted to City specifications. 32. The final map shall include curb ramps complying with City standards at all street intersections. 33. Water supplies shall be in accordance with Sections 901 and 903 of the California Fire Code (CFC). An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using Appendix III-A of the CFC. 34. Fire hydrants shall be installed in accordance with Section 903.4 of the CFC. The location, number and type of hydrants connected to the City system shall be determined using Appendix III-B of the CFC and the approved City Engineering Standards. 35. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA 13 (D,R) system will be required for this project. 36. Access roads shall be in accordance with Article 9 of the CFC. Access roads shall have an unobstructed width of not less than 20-feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 11-17 Attachment 2 } : o Resolution No. 9622 (2004 Series) r k � Page 14 On motion of Council Member Settle, seconded by Council Member Mulholand and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, and Vice Mayor Schwartz NOES: None ABSENT: Mayor Romero The foregoing resolution was passed and adopted this 16`h day of November 2004. Mayor David F. Romero ATTEST: Audrey Hoier City Clerk:; APPROVED AS TO FORM: Jonath Lowell City Attorney ATTACHMENT 3 RESOLUTION NO. (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO.2570 (2070 Fixlini Street) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2570, as prescribed in Resolution No. 9622 (2004 Series), and WHEREAS, a timely filing of the map was made prior to expiration of the tentative map per California Government Code [Subdivision Map Act (§66452.6)], and WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the remaining required subdivision improvements as shown on the approved plans, and all fees have been received, as prescribed in the subdivision agreement, and WHEREAS, the subdivider has dedicated Biological Open Space easements on the map and submitted Biological Open Space Easement Agreements limiting the property owners' use of the easement areas per the conditions of approval of Tract 2570, and WHEREAS, all conditions required per said Resolution No. 9622 (2004 Series) will be met prior to or concurrent with final recordation of the map. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The City Council finds that the final map for Tract No. 2570, as shown on the attached Exhibit"A",is found to be in substantial compliance with the tentative map; and 2. The subdivision agreement for Tract No. 2570 as shown on the attached Exhibit`B" is hereby approved, and the Mayor is authorized to execute said agreement; and 3. The biological open space easement agreements for Tract No. 2570, as shown on the attached Exhibits "C" and "D", are hereby approved, and the Mayor is authorized to execute said agreements; and 4. Approval of the final map is hereby granted. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Cy-�9 Resolution No. (2007 Series) Page 2 „f I pq� Ep � A�3 The foregoing resolution was passed and adopted this day of 2007. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: onathan well Ci torney g:lstaff-reportsagendas-minutesLcar\2007ufevrevltract 2570Uinal map approval resolution for tract 2570.doc Ex it "All Q5 pp Qd { s Igo p R :F� mg g� fl a 44 v e ! w `� ageta Ing J�YOR Y Y � P h X60 � p O ��•Yr �� $y�gb ry I � 0 y l�bi $am$p 3g $ 'Ilk a gI y a b R b ��ulb b PIN `d 14$iit a$ $ to teai k i Ila Baa beIiE kagl - ' tot � Il?el+ � a9 ee ee a � a s114116 lHilb10 a 0 $ 1eea i Fee 0lb W �W2f� Y61a�Y�8 B I IN N19", au��11 1 i% 11", aUs, 1k 1 1 ��$ yy y « " Exhibit. a -■' � § ! ! |�� | ! \ 2121` O ! | N % 2 " i | ! ; v | c ( � \\ P- | � CD no. c �I / § �| � � | ( j MIR ,�a■` fill | § E1 11 | | .. || •� \ | � ;-�� •.� ) / ■ ! /a§| | h||| | ■|| ` | | ■|| ` | / � ■ q a� ■� | � � t �� ■| | � | ■ � § h !§ a�$■ | | | 2§§ .�|� § | | | i 0000aoaa000��ao��a�300000aoo�oo _ . o��000coo�0000a0�� A• r Yui s i i i WAR i •;•;•eO•e,•;•;,•ee•,e•;•;•;00•;•e,•;•;•pp;:,::;• ep,0;•;•;•0e,•e•;•;•;•p;0•e•;•;•;0,0•,•,;• .❖.❖.o•.000•Oo.��•oo❖.❖.•.o•.00❖.❖.o❖0.00000.0.00❖.❖.•.o❖.❖.❖� .•000000•.o•O.•0000•.o•O.o•.o•.00000000•00.0.0.00❖.❖.0'.00.0.0❖.00•� ope000eeooeppe00000000000000'pe000'pe000000°peooepe00000000000'� OOpOOd000pOOpe0000000�OpOeoo�e•OOee00000ooe0000000000o�peo•0 e•O•o000�p0.000000•e000000�pOpeoo•0.0000OOOOo�pO.O•e00000�e•OOe•O • OOi'i0'OOii'Oi'Piii'�'00�'Oi'Oi'000�o'Oii0•i'PO.O'iii'Oi•OJi'Oe'00.00•ii'O� iee♦♦eeeeeeeeeeeeeeeeeeee♦♦eeeeeeeeeeeeeeeeeeeeeeeeeeeee e�pOOe�e�pe0o000000�D00000e0oo�0.O�pe0000�pOe000000�Ope0oo0oo�ppe �OeoO�e�e�O.O�De�00000000pe0oo0•OOeO�e�e�e� e000�0e�0e�00.000000000000� ��•!•�•e•�'�•iie❖ee•�•eeeee•�•••eeeei•�•ee•�•i•�'e•4,eee'eee❖ae•••ee•••ee•••ee••'ieee� •�• eeeee•.�e•••eeee�e�e❖eeeeeeeee�•e�eeeee�ee• Ikeekeeeekeee��•e�eeee••�eeeeeeeee•� I�'S+IOii'i'ii'Oiii'iiii'i°ii'OOiiii'ii'i•�°�ii0•ii'iiiio0•iii'Di°i'io°i'i'Di �•••!et'•'ii'iiii'i'�iiii°ii ii'i i'i'i� �'i°i'iiiii'i i'�•i'i'iiiiiiiii ii ��i0iiii'i'i0•ii•Oii'iiiii'ii. ..•iii'i'iiiiiiiiiii•Oii'i°i°iii ♦eeeeeeeeeeeeeeeeee♦ ♦eeeeeeeeeeeeeeeeeeeee♦ IOOOOOii'00000�00•i0•ii'Or OODOJOOOOOOii000O000000� eeeeeeeeeeeeeeeeeee♦ ♦eeeeeeeeeeeeeeeeeeee♦ .eeeeeeeeeeeeeeeeeeeo eeeeeeeeeeeeeeeeeeeeee. ee.eee♦eeee♦eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ..e.....♦eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. 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'.+.ai eoox ti W t'�'n.ou\+u».N�^s\m-ou-n-too®\monx cy-z r� ~' Exhibit "B" SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 200_by and between Dunes Valley View, LLC, a California limited liability company, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the"City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of.California, a description of which is shown on the Final.Map of Tract 2570, City of San Luis Obispo, California, as approved by the City Council on the day of 200_ The Subdivider desires that said Tract No. 2570 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. Exhibit "B" 4. LANDSCAPING 5. DRAINAGE BASINS AND STRUCTURES 6. STREET LIGHTS 7. 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. 8. 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 no later than thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, provided that if completion of saidwork 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. ,41-27 Exhibit "B" No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission 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$3,000 which is the amount of the estimated cost of said improvements that remain to be completed from the original$400,000 of required improvements. Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the performance security, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all'otherrequired Exhibit °Bte improvements have been fully completed in accordance with the plans and specifications for the improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, Subdivider shall submit to the City an instrument of credit or bond in the amountof.$40,000 approved by and in favor of the City.of San Luis Obispo, 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 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. � 7 � q Exhibit "B° The Subdivider has not deposited with the City a labor and materials surety since the statute of limitations to file liens has passed. Said Subdivider has paid an inspection fee of$54,853 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. 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. 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 fumish copiesofthe successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. 1�4y 3a Exhibit as�ll IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDMDER DUNES VALLEY VIEW, LLC, A California limited liability company MAYOR David F. Romero Steve Miller, President ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM: ITY ORNE Jonathan P. Lowell �y�3/ Exhibit "B" EDIT 1 TRACT 2570 SUBDIVISION AGREEMENT 1. The Subdivider has not deposited a monumentation guarantee since all monuments have been set. 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. In-lieu housing fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. 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. 6. The subdivider shall comply with all requirements of Council Resolution 9622(2004 Series) approving the tentative map. Exhibit 'ages EXFIIBIT 2 TRACT 2570-FEE AND BOND LIST Amount Form Date Received Bonds and Guarmrtees: Total Faithful Performance $3,000 ($400,000 original estimate.$397,000 of improvements have been constructed, $3,000 remaining) Labor&Materials(50%of total cost of N/A improvements Warranty(Minimum 10%of total cost of $72,500 Letter of Credit 07/20/07 improvements) Monument Guarantee N/A Fees. Map Check Fee $3,670 Check 06/14/05 Plan Check Fee $8,020 Check 04/25/05 Improvement Plan Inspection Fee $54,853 Check 09/08/05 Park In-Lieu Fee' (13—1 existing Check 09/08/05 =12)*$4,555= $54,660.00 Payment for Johnson/Ella Traffic Signal $100,000 Check for$92,814 plus 0720/07 In-Lieu of Undergrounding Overhead $7,186 Reimbursement Utilities for Improvements _$100,000 Affordable Housing Requirements Building Permit Water Impact Fee Wastewater Impact Fee' Building Permit Transportation Impact Fee' All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units. Exhibit " 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 A14,44 2006, by and between Dunes Valley View, LLC, a California limited liability company, 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 a certain property situated within the City of San Luis Obispo, as described in Exhibit"A", attached hereto and incorporated herein (the "Subject Property); 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 �y-3y �J Exhibit. u c the Subject Property was required pursuant to City Council Resolution#9622 (2004 Series) approving Vesting Tentative Map 2570, which authorized development of a 13 lot subdivision of which the Subject Property is a part; 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") as shown in Exhibit `B" attached hereto and incorporated herein. Said grant of easement conveys to City and estate and interest in the Subject Property. Exhibit C The purpose of the easement is to protect said biological diversity, natural 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, except as allowed in item 2(b) below. If desired, "see-through" fencing appropriate to open space preservation may be allowed if approved by the City's Community Development Director or Architectural Review Commission, as appropriate.. b. Item 2(b) above notwithstanding, an outdoor seating area, patio, or deck, may be constructed within the area identified within the Easement Area, together with reasonable private pedestrian access thereto. (See Exhibit "B") Said area shall not exceed 900 square feet in area, and shall have no dimension greater than 30 feet. Said seating area, patio, or deck, shall be subject to review and approval by the City's Community Development Director or Architectural Review Commission, as appropriate. C. No signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on or in the Easement Area. d. Owner shall not plant or permit to be planted any vegetation within yr�C�/ n Exhibit "C k, 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. e. 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. f. No extraction of surface or subsurface natural resources, or collection of water, for transfer off of the subject property, except for the passive water collection systems constructed on the subject property as part of the improvements of Tract 2570, shall be allowed. g. The general topography of the Easement Area shall be preserved in its natural condition. h. Functioning of the Easement Area for wildlife habitat and other benefits to the natural environment shall take precedence over all other uses, including uses by privately owned pets, and public and private access shall be minimized. Fencing and signage indicating the boundaries of the Easement Area shall be installed and kept in good condition. Signage shall be as approved by the Natural Resources Manager or his/her designee. I. This Easement shall remain in effect in perpetuity. 4. This grant may not be abandoned by the City except pursuant to all of the �' Exhibit if c-11 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 the 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. Owner shall be indemnified and held harmless by City for any such activity undertaken by City. 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. cy-�� Exhibit c ALL SIGNATURES MUST BE NOTARIZED OWNER/GRANTOR DUNES VALLEY VIEW, LLC By: CITY OF SAN LUIS OBISPO By: David F. Romero,Mayor Exhibit 9! C EXHIBIT "A" Lot 5 of Tract 2570 (Sun Valley) as filed in Book_of Maps in Pages_through_in the County Recorder's Office of the County of San Luis Obispo, State of California. EXHIBIT B 1=1011T . LOT g Of- O /SS/G!/Q rRACr LOT 9 SCALE. 1`--60' 7 4Cr !!e LOT 5 Lor � I LOT'? LOT 3 LOr 4 I 1 I � I / 1 ` � B 70:r > 3 coZ07,6 /OL G/CAL OPEN SPACE EASEMENT AS SHOWN jr CT MAP 2570 SEA77NG AREA, PATO OR LOT >2 LOrr DECK I I T 2570 IN THE r r m s group L C/TY OF S,4NCLUIS OBISPO. creating environments people enjoy STATE OF CAL/FORN/A. 3765 South Higuern Street. Suite 102 1 $an Luis Obispo, California 93401 P: (805) 543-1794 1 R (805) 543-4609 1 www.rtmdesign.min Mor Mmtg=n Architect#M1090 I Jury Mlchad, RCE06895.LS#6276 1 Jeff Farber,LA/2644 7/ N:\2005\1005003—Tr-2570—CD\Survey\Drawings\Lot5—Exhibit.dwg, Exhibit B, May 01, 2006 1:40pm, sbwebster Exhibit Be c '` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �- _ - State of California ss. County of 54-A, FS 4*sP I I OMA4 200C. before me, 7q o- oe Q UL� Date Name alfa Title of Officer(e.g.•'Jade Doe,Notary Publicl I' personally appeared E!/LC ! ' Mi t Lr2 Name(s)of Signer(s) I El personally known to me p'proved to me on the basis of satisfactory evidence I I to be the person(s) whose name(s) is/are subscribed to the within instrument and I' acknowledged to me that he/she/they executed aeO6 DANA POLLARD the same in his/her/their authorized c`0n COMM. #1483731 capacity(ies), and that by his/her/their I Q NOTARY PUBLIC-CALIFORNIA M signature(s) on the instrument the person(s), or I SAN LUIS OBISPO COUNTY �i the entity upon behalf of which the person(s) I My Comm-Expires APR 16,2008 acted, exec ed the instrument. I i WITH S y Ahandffi seal. I signature of Notary P Iic I I I OPTIONAL I' Though the information below is not required by law,it may prove valuable to persons relying on the document andcould prevent I I fraudulent removal and reattachment of this form to another document. I ' Description of Attached Document yy�� C Title or Type of Document: i o l o eii lLy� SPAeE G A 6m. �6jwm r Document Date: MAy �. 20D(, Number of Pages: _ I' Signer(s)Other Than Named Above: I 'I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notery Aa hitlon-9350 De Soto Ave.,P.O.Boz 2402-Chal.^.wonh•CA 91313.2402•www.nationalnolary.org Prod.No.5907 Reorder Coll Toll-Free 1.800.8]6682] Exhibit 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 2006, by and between Dunes Valley View, LLC, a California limited liability company, 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 a certain property situated within the City of San Luis Obispo, as described in Exhibit "A", attached hereto and incorporated herein (the "Subject Property); 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 Cy��3 Exhibit 1101f the Subject Property was required pursuant to City Council Resolution#9622 (2004 Series) approving Vesting Tentative Map 2570, which authorized development of a 13 lot subdivision of which the Subject Property is a part; 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") as shown in Exhibit`B" attached hereto and incorporated herein. Said grant of easement conveys to City and estate and interest in the Subject Property. Exhibit The purpose of the easement is to protect said biological diversity, natural 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 Community Development Director or Architectural Review Commission, as appropriate. 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, or collection of Exhibit 'ID!' water, for transfer off of the subject property, except for the passive water collection systems constructed on the subject property as part of the improvements of Tract 2570, shall be allowed. f. The general topography of the Easement Area shall be preserved in its natural condition. g. Functioning of the Easement Area for wildlife habitat and other benefits to the natural environment shall take precedence over all other uses, including uses by privately owned pets, and public and private access shall be minimized. Fencing and signage indicating the boundaries of the Easement Area shall be installed and kept in good condition. Signage shall be as approved by the Natural Resources Manager or his/her designee. 3. This Easement shall remain in effect in perpetuity. 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 eq'-Y& Exhibit #10.. '' the ordinances of the City regulating the use of the 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. Owner shall be indemnified and held harmless by City for any such activity undertaken by City. 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. C y�y7 ExhlbAf ALL SIGNATURES MUST BE NOTARIZED OWNER/GRANTOR DUNES VALLEY VIEW,LLC By: CITY OF SAN LUIS OBISPO By: David F. Romero, Mayor �y-y� Exhibit EXHIBIT "A" Lot 8 of Tract 2570 (Sun Valley) as filed in Book_of Maps in Pages_through_in the County Recorder's Office of the County of San Luis Obispo, State of California. c y-�9 { EXHIBIT B Exhibit I'D" LOT p LOT 3 LOT q LOT 5 fir\ \ SCALE- l --60' v Z07- ,i3 L076 I LOT L2 � LOT r Z I vv, LoT rRA Cr 2,5 IILm. 10 LOT 8 BIOLOGICAL OPEN SPACE EASEMENT AS SHOWN ON mcr MAP 2570 LOT 9 JOHNSON A VE. OT 8 OF TRACT 2570 IN THEr r m e group L CITY OF SAN LUIS OBISPO, creating environments people enjoy STATE OF CALIFORNIA. 3765 South Higuem Street, Suite 102 1 San Luis Obispo, Califamia 93401 Fl-. (805) 543-1794 1 F. (805) 543-4609 I www.rrmdeskp.com O Victor Mmtgamery, Architect P1090 I Jerry 46chwC RCE/76895,IS J6276 1 Jeff Farber,LA 12844 N:\2005\1005003—Tr-2570—CD\Survey\Drawings\Lot8—Exhibit.dwg, Exhibit 8, May 01, 2006 1:42pm, sbwebster C ExhU� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5Ay11 DJB/SOa ss. I, On /nA�J I 2CV before me, IJANA 40L."6 A"I¢!/1ti!1k c to Name and.Titb of Officer(e.g.."Jane Doe,Notary Public)7—'—' personally appeared Gro✓E 1K Mir Lc e2 Names)of Signals) ❑personally known to me Vproved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are subscribed to the within instrument and DANA POLLARD v, COMM. A1483731 acknowledged to me that he/she/they executed 2 m o NOTARY PUBLIC-CALIFORNIA the same in his/her/their authorized SAN LUIS OBISPO COUNTY m capacity(ies), and that by his/her/their My Comm,Expires APR 16,2008 signature(s) on the instrument the person(s), or +, the entity upon behalf of which the person(s) acted, executed the instrument. !, WIT NES y hand aeL sea �" I i Signature of Notary Public � I I' OPTIONAL I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ( fraudulent removal and reattachment of this form to another document. I Description of Attached Document T /) Title or Type of Docume/n�t: AC-r- �rh Document Date: =0/6 Number of Pages: 7J 2 Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer �t Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee �� ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 0 1999 National Notary Assoaloaon•9350 Do Solo Ave.,P.O.Box 2402•Chatsvrorm,CA 91313-2,102•w .nauonamolary.org Prod.No.5907 Roomer.Call Toll-Free 1-90099&Ba2] 8 y-.�/