HomeMy WebLinkAbout03/18/2008, C8 - APPROVAL OF THE FINAL MAP FOR TRACT 2865, 1043 ELLA STREET (TR 21-06) C C
council ,N) y�) M"""°e`e 03/18/08
a►cenaa► ^Epoin Item Number
CITY OF SAN LUIS OBISPO GOy
FROM: Jay D. Walter,PE -Director of Public Work<0166J
Prepared by: Diane Dostalek
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2865, 1043 ELLA STREET
(TR 21-06)
CAO RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2865 located at 1043 Ella Street and
authorizing the Mayor to execute the subdivision agreement on behalf of the City.
DISCUSSION
A vesting tentative map for Tract 2865 (TR 21-06) (see Attachment 1 for vicinity map) was
approved by City Council on February 20, 2007, by Resolution No. 9876 (2007 Series)
(Attachment 2), which authorized conversion of 16 apartments into residential condominium
units.
All required subdivision improvements have been completed, or appropriate securities have been
submitted to guarantee completion of the improvements. The draft resolution (Attachment 3)
approving the final map also authorizes the Mayor to sign the 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." 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 IMPACT
There is no significant financial impact to the City with this proposed subdivision.
Council Agenda Report-Final Map Approval -Tract 2865 - Page 2
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9876 (2007 Series)
3. Draft Resolution
g:\staff-reports-agendas-minutes\_car\2008\devrev\tract 2865\car-final map approval for tract 2865.doc
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♦ ROJECT '
VESTING TENTATIVE
TRACT MAP No. 2665
BEING A SUBDIVISION FOR CONDOMINIUM
PURPOSES, OF LOTS 3,, 4* 5,• & 69 BLOCK
10 OF THE BUENA VISTA ADDITION, IN THE
CITY OF SAN LUIS OBISPO, CALIFORNIA
Central Coast Engineering
$96 Buckley Road Suite#1
San Luis Obispo,Ca 93401
QTelephone:(805) 5443278.
Fax: (805)541-3137
Email: w4wigitalputty-com
Aftachment 2
RESOLUTION NO.9876(2007 Series)
A RESOLUTION OF THE CITY COUNCIL OF
SAN LUIS OBISPO APPROVING A TENTATIVE
TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION FOR 16
APARTMENTS AT 1043 ELLA STREET
APPLICATION NO.TR 21-06
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 January 10,2007, and recommended approval of Application No.TR 21-06 to the
City Council, a request to approve a Tentative Tract Map to finalize the Condominium
Conversion for 16 apartments known as Vista De La Ciudad at 1043 Ella Street; and
WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 20,
2007, to consider application no. TR 21-06, a request to approve a Tentative Tract Map to
finalize a Condominium Conversion for 16 apartments known as Vista De La Ciudad; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required bylaw; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review(CEQA); and
WHEREAS, the City Council has duly considered all evidence,including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission,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 Council makes the following findings:
1. The design of the tentative tract map is consistent with the General Plan because the
proposed subdivision respects.existing site constraints, results in condominium units that
meet density standards, and will be consistent with the density and development limits
established by the Medium Density Residential District.
2. The site is physically suited for the proposed type of development allowed in the R-2
zones since the project consists of existing development that will receive building and
site improvement enhancements to substantially conform to current City Regulations and
to meet improvement standards for airspace condominiums as required in the Subdivision
Regulations.
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. The proposed condominium conversion is consistent with the General Plan because
R 9876
' r
Resolution No. 9876(2007 Series) Attachment 2
Page 2
changing the apartments to condominiums will not impact available affordable housing
since all of the existing apartments can be rented at market rates and the conversion will
provide two deed restricted affordable units at the "very low" category consistent with
the City's Inclusionary Housing Ordinance and the other units are affordable by design.
5. As conditioned, the conversion complies with all regulations and property improvement
standards for condominium conversions.
6. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
7. The property is in substantial compliance with the Zoning Code in terms of allowed use,
density, parking, yard areas, building height, and all other applicable property
development standards.
8. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a.notice of intent to convert to each tenant.
9. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
10. In light of the above findings, there exists adequate facts to support the findings required
under sections 66473.5 and 66474 of the Government Code.
11. An equivalent number of new units comparable in affordability and amenities to those
being converted are being created as part of the new project.
12.The project is categorically exempt from environmental review under Class 1, Existing
Facilities, Section 15301 of the CEQA Guidelines..
Section 2. Approval Subject to Conditions. The City Council does hereby approve
Application No. TR 21-06, a request to approve a Tentative Tract Map to convert 16
apartment units at 1043 Ella Street to individual ownership condominiums in accordance
with Municipal Code Chapter 16.17, subject to the following conditions:
L Prior to the submittal of building plans and final map review, final ARC approval shall be
obtained for the project. Submitted plans shall be fully consistent with plans approved by
the ARC.
2. 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.
3. The existing curb, gutter and sidewalk along with the driveway approach shall be removed
and replaced per City of San Luis Obispo Engineering Standards and Specifications. The
sidewalk shall be a minimum of six feet in width and the driveway approach shall
incorporate an accessible path of travel. The applicant shall submit Public Improvement
Attachment 2
Resolution No. 9876(2007 Series) I
Page 3
Plans, subject to plan check and inspection fees, showing said improvements for Public
Works Department review and approval. The applicant shall have the option of either
removing and replacing the existing retaining wall or widening toward the street. If the
applicant chooses to widen the sidewalk toward the street,there shall be no reduction in curb
height,nor will deviations to the street cross section be allowed. Additionally, the applicant
shall submit calculations in the detailed drainage analysis showing that the reduced street
section can accommodate the tributary storm water run off.
4. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition
of this subdivision approval. The improvements shall be constructed in accordance with
the engineering standards in effect at the time of encroachment permit issuance. The
applicant shall submit Public Improvement Plans, subject to plan check and inspection
fees, showing said improvements for Public Works Department review and approval.
The developer is responsible for any required engineering and/or surveying.
5. The applicant shall provide for post-development storm water quality management for
the existing impervious surfaces in accordance with Engineering Standard Section
101O.B.
6. The applicant shall prepare conditions, covenants, and restrictions (CC&Rs) to be
approved by the Community Development Director and City Attorney prior to final map
approval. CC&Rs shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC&Rs and provide for
professional,perpetual maintenance of all common areas including private driveways,
drainage, on-site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC&Rs and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term_ storage
of inoperable vehicles.
L No outdoor storage by individual units except in designated storage areas.
g. No change in City-required provisions of the CC&Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
L Provision of appropriate"no parking" signs and red-curbing along interior roadways
as required by the City Fire Department.
j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
Attachment 2
Resolution No. 9876(2007 Series)
Page 4
7. A barbeque facility and picnic bench shall be incorporated into common open space
areas. The design of the improvements shall be reviewed and approved by the
Community Development Department. The improvements shall be constructed prior to
recordation of the final condominium map.
8. Prior to (or in conjunction with)recordation of the final map,a minimum of two (2)units
shall be deed restricted for at least 30 years as affordable to "very low" income families
or persons consistent with the City of San Luis Obispo Affordable Housing Standards.
Prior to submittal of building plans an affordable housing plan shall be submitted to the
Community Development Director for review and approval.
Code Requirements:
The following code requirements are included for information purposes only. They serve to give
the applicant a general idea of other City requirements that will apply to the project. This is not
intended to be an exhaustive list as other requirements may be identified during the plan check
process. The project is subject to all requirements in effect at the time of the building permit or
map vesting date.
1. An encroachment permit will be required from the Public Works Department for any
work or construction staging in the public right-of-way.
2. A traffic control plan and/or pedestrian control plan shall be approved prior to
encroachment permit issuance for work in the public right-of-way.
3. The driveway and parking areas shall comply with the current Parking and Driveway
Standards for dimension, maneuverability, and materials. This development shall comply
with the Waterway Management Plan. Provide a preliminary hydrologic and hydraulic
analysis report at the time of application for discretionary approvals in accordance with the
Waterway Management Plan Volume III,Drainage Design Manual.
4. This re-development shall comply with the Waterway Management Plan, Volume III,
Drainage Design Manual. A plan shall be submitted along with a complete hydrologic and
hydraulic analysis report. The analysis shall include analysis of the tributary upslope
drainage. Any upslope drainage shall be designed to be conveyed in a non erosive manner
through the site. The any construction plan submittal shall include erosion control measures
in accordance with Section 10.0 of the manual and post-development stormwater quality
management in accordance with Engineering Standard Section 1010.B.
5. Fossil filter inserts (drain inserts) are only recognized as an acceptable BMP in conjunction
with other measures or as an upgrade or retrofit to an existing development where other
treatment options are not feasible. The use of drain inserts only shall be first approved by the
city.
Attachment
Resolution No. 9876 (2007 Series)
Page 5
6. One 15-gallon street tree shall be planted per City standards for each 35 lineal feet of
frontage. The City Arborist shall approve the tree species, planting requirements, and
whether the street trees shall be planted in tree.wells in the sidewalk area or behind the back
of walk in the front yard. Contact City Arborist Ron Combs at 781-7023 for specific
questions or requirements and to evaluate any existing trees.
7. Fire Department access shall be in accordance with Article 9 of the California Fire Code
(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 pound fire apparatus and shall be provided with a
surface so as to provide all-weather driving capabilities.
8. Water Supplies shall be in accordance with Sections 901 and 903 of the 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.
9. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. Approved NFPA 13 D systems will be required for each individual unit.
Shop Drawings and Specifications shall be submitted for review and approval prior to
installation.
10. Buildings undergoing construction, alteration or demolition shall be in accordance
with Article 87 of the CFC.
11. Portable fire extinguishers,rated 2A, 10 BC, shall be mounted within 75'of travel and
at each exit.
1. If not already installed and operational, each unit shall be supplied with individual
meters for gas, water and electrical service. Location and type of metering shall be
subject to review and approval of the City Community Development Department and the
Utilities Department.
2. A property condition report shall be submitted to the City prior to recordation of the
final map. Any building defects noted in the property condition report submitted to the
City shall be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 16.17 A-H) shall be completed prior to approval of
the final condominium map. Such improvements include (but may not be limited to):
private open space yards, bicycle storage lockers, retrofitting units with additional
energy compliance requirements such as increased insulation or insulated windows,
restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
Attachment 2
Resolution No.9876 (2007 Series)
Page 6
4. Conditions, Covenants and Restrictions (C.C.&Rs) are required, to the approval of
the Community Development Director and the Public Works Director. The C.C.&R.s
shall include a description and regulations pertaining to the open space easement and all
common areas. The CC& R's shall be submitted to the Community Development
Department for review by the City Attorney prior to recordation of the map.
5. 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. The final map shall be prepared in accordance with
the Subdivision Map Act and the Subdivision Regulations.
6. Complete frontage improvements for the Jennifer/Rachel Street frontages are a
condition of this subdivision approval. The improvements shall be constructed in
accordance with the engineering standards in effect at the time of encroachment permit
issuance. The applicant shall submit Public Improvement Plans, subject to plan check
and inspection fees, showing said improvements for Public Works Department review
and approval. The developer is responsible for any required engineering and/or
surveying.
7. The applicant shall provide for post-development storm water quality management
for the existing impervious surfaces in accordance with Engineering Standard Section
101O.B.
8. A barbeque facility and picnic bench shall be incorporated into common open space
areas. The design of the improvements shall be reviewed and approved by the
Community Development Department. The improvements shall be constructed prior to
recordation of the final condominium map.
9. Prior to the submittal of building plans and final map review, final ARC approval
shall be obtained for the project. Submitted plans shall be fully consistent with plans
approved by the ARC.
10. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents,officers or employees to attack,
set aside, void or an an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
11. Each of the tenants of the proposed conversion shall be given notice of an exclusive
right to contract for the purchase of his or her unit upon the same terms and conditions
that such unit will be initially offered to the general public or terms more favorable to the
tenant.
12. This right of first refusal shall extend at least ninety days from the date of issuance
of the subdivision public report or commencement of sales,whichever date is later. The
tenant's security deposit and last months rent shall be credited towards the purchase of
� Attachment
2
Resolution No. 9876(2007 Series)
Page 7
the property.
13. Each of the tenants shall be given written notification within 10 days of approval of
final map for the conversion.
14. The parking lot areas shall be reconstructed to repair damaged asphalt as necessary,
prior to recordation of the map. Patching and sealing of some areas may be appropriate,
however significantly deteriorated asphalt areas shall be removed and reconstructed
rather than patched. Planning and Public works staff will verify the-,extent of
reconstruction required.
15. The existing curb, gutter and sidewalk along with the driveway approach shall be
removed and replaced per City of San Luis Obispo Engineering Standards and
Specifications. The sidewalk shall be a minimum of six feet in width and the driveway
approach shall incorporate an accessible path of travel. The applicant shall submit Public
Improvement Plans, subject to plan check and inspection fees, showing said improvements
for Public Works Department review and approval. The applicant shall have the option of
either removing and replacing the existing retaining wall or widening toward the street. If
the applicant chooses to miden the sidewalk toward the street,there shall be no reduction in
curb height, nor will deviations to the street cross section be allowed Additionally, the
applicant shall submitcalculations in the detailed drainage analysis showing that the
reduced street section can accommodate the tributary storm water run off.
16. Private open space yards shall be constructed as proposed at time of condominium
conversion approval. Private open space yards, including new fencing and any other
necessary landscape improvements, shall be completed prior to recordation of a final
map.These features are subject to architectural review.
17. Prior to (or in conjunction with) recordation of the final map, a minimum of two (2)
units shall be deed restricted for at least 30 years as affordable to very low income
families or persons consistent with the City of San Luis Obispo Affordable Housing
Standards.
(End of Conditions)
On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on
the following roll call vote:
AYES: Council Members Brown, Carter and Settle, Vice Mayor.Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20`s day of February 2007.
Attachment 2
Resolution No.9876 (2007 Series)
Page 8
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
a
Attachment 3
RESOLUTION NO. (2008 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING.THE FINAL MAP FOR TRACT NO.2865
(1043 ELLA STREET)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2865,as prescribed in Resolution No. 9876(2007 Series),and
WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the
required subdivision. improvements as shown on the approved plans, and all fees have been
received, as prescribed in the subdivision agreement, and
WHEREAS, all conditions required .per said Resolution No: 9876 (2007 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2865, 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. 2865 as shown on the attached Exhibit"B"
is hereby approved, and
3. Approval of the final map is hereby granted.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
ttachment 3
Resolution No. (2008 Series)
Page 2
The foregoing resolution was passed and adopted this day of ,2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo than owell
City ttomey
g:\steff-reports-agendas-minutes\ cer\2008\devre4\tract 2865\final map approval resolution for tract 2865.doc
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Exhibit ° 11
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_by and
between Adelaida Properties L.P., a California limited partnership, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2865, City of San Luis Obispo,
California, as approved by the City Council on the day of 200_
The Subdivider desires that said Tract No.2865 be accepted and approved as a
Final Map pursuant to the.Subdivision Regulations of the City of San Luis Obispo (Title 16
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 SERVICES and SEWER LATERALS
4. LANDSCAPING
L4
r
Exhibit "11'°
5. DRAINAGE STRUCTURES
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 twelve (12) 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.
-� Exhibit
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$ 52,987.00 which is the
amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve(12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Exhibit "B's
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost 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 ($ 26,493) in
accordance with State law .
Said Subdivider has paid an inspection fee of$10,427 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
el
Exhibit "B"
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 furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Adelaida Properties, L.P.,
a California limited Partne i
MAYOR David F. Romero
Brian Rolph, Managi Partner
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
C TY A ORNEY Jonathan P. Lowell
kXhibit
EXHIBIT 1
TRACT 2865
SUBDIVISION AGREEMENT
1. A monumentation guarantee is not required for this subdivision since all monuments were
existing prior to final map recordation. The Subdivider agrees to replace any monuments
disturbed during construction 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 and City ordinances.
2. Park-in-lieu fees are not required for this subdivision, since this is a condominium
conversion and no additional residential units are created with this subdivision.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall comply with all requirements of Council Resolution 9876(2007 Series)
approving the tentative map.
Exhibit "Bit
EXHIBIT 2
TRACT 2865-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $52,987 Letter of Credit 02/27/08
Labor&Materials(50%of total cost of $26,493 Letter of Credit 02/27/08
improvements
Monument Guarantee N/A
Fees
Map Check Fee $4,257 Check 07/23/07
Plan Check Fee $1,476- Check 02/06/08
Improvement Plan Inspection $-1-0-942-7 Check 02/06/08
Park In-Lieu Fee' N/A
Affordable Housing Requirements by Separate
Agreement
Water Impact Fee' With building
permit
Wastewater Impact Fee' With building
permit
Transportation Impact Fee' With building
permit
1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units.