HomeMy WebLinkAbout10/04/2011, C7 - APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2990 (FORMERLY TRACT Council Mtt�D
10/4/11
j acEnaa REpoRt I°•mN�(2
CITYOF SAN LUIS OBI S P O
FROM: Jay D. Walter, - Director of Public Works C4. a
Prepared by: Tim Bochum/Diane Dostale
SUBJECT: APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS FOR TRACT 2990 (FORMERLY
TRACT 2723),300 LAWRENCE (TR 77-07)
RECOMMENDATIONS
1. Adopt a resolution approving the Final Map for Tract 2990 (formerly Tract 2723), 300
Lawrence, authorizing the Community Development Director to approve Parcel
Map SLO AL 08-0008, and authorizing the Mayor to execute the Subdivision Agreement and
Private Biological Open Space Easement Agreement on behalf of the City, and
2. Adopt a resolution accepting the public improvements and certifying completion of the
required private subdivision improvements for Tract 2990 (formerly Tract 2723),
300 Lawrence.
DISCUSSION
Background
As part of the project at 300 Lawrence Drive, a vesting tentative map for Tract 2990 (formerly
Tract 2723) (TR 77-07) (see Attachment 1 for vicinity map) was approved by City Council on
October 16, 2007, by Resolution No. 9935, 2007 Series (Attachment 2). The vesting tentative
map (Attachment 3) approved the creation of 10 residential lots, plus two open space lots to be
granted in fee to the City of San Luis Obispo.
Approving the Final Map and Authorizing Approval of the Parcel Map
Consistent with Municipal Code Section 16.10.150 and the extensions granted by Sections
66452.21 and 66452.22 of the Subdivision Map Act, the vesting tentative map expiration date is
October 16, 2012. The final map is now ready to be approved and recorded.
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 approval of a final map is considered a ministerial
action.
Minor Change Found to be in Substantial Compliance
The original Lot 10 of the tentative map was removed from the Tract 2990 final map at the
request of the Subdivider because this lot did not share access via Lawrence Drive, lighting, or
C7-1
CAR—Final Map and Acceptance of Improvements—Parcel 08-0008 and Tract 2990 Page 2
any drainage improvements with the remainder of the subdivision. The reason for this change
was that the Subdivider did not want to burden this lot owner with the CC&R's and the
maintenance costs of maintaining the improvements from which it would receive no benefits.
Instead, the original Lot 10 has now become Parcel A of Parcel Map SLO AL 08-0008, which is .
a lot line adjustment by parcel map that can be approved by the Community Development
Director. Said lot line adjustment was shown on the Tract 2990 tentative map approved by
Council, and future development of Parcel A will be subject to all other pertinent conditions of
Tract 2990.
The final map can be considered in compliance with the vesting tentative map because, taken
together with the parcel map, the boundary of the subdivision is the same as shown on the
vesting tentative map and the same number of residential lots are being created. All conditions
related to the map have been met and/or will be guaranteed with appropriate sureties prior to
final map recordation.
A resolution approving the final map and authorizing approval of the parcel map is attached
(Attachment 5).
Approving the Private Biological Open Space Easement Agreement
Lots 1 through 5 are owned in fee by the Subdivider, but a Private Open Space Biological
Easement Agreement is required over a portion of these lots to protect sensitive biological
resources, particularly the Palmer spineflower and its habitat. The Biological Open Space
Easement Agreement places restrictions on general use and maintenance within the private
biological open space.
The resolution approving the final map (Attachment 5) also authorizes the Mayor to sign the
Private Biological Open Space Easement Agreement.
Accepting the Public Improvements and Certifying Completion of Private Improvements
Public improvements for this project include off-site public drainage improvements, which
consist of placement of asphalt concrete pavement, two new catch basins and concrete cross
gutter at the intersection of Woodbridge and Meadow, and construction of a new catch basin at
the intersection of Lawrence Drive and Meadow Street located within the public right-of-way. In
addition, public water mains, fire hydrants, and typical water service laterals have been installed.
The remaining subdivision improvements are private improvements including but not limited to
driveways, on-site utility services, sewer main, on-site subsurface storm drain systems, walls,
fences, and landscape improvements. The project also includes construction of a private "cul-de-
sac" street with rolled curb, gutter, sidewalk, and private sewer main. The cul-de-sac is a private
road and will be owned and maintained by the homeowners association.
The total estimated cost of the public and private improvements is $746,695. With the exception
of some minor corrections to a sound wall estimated to cost $12,000, all of the public and private
subdivision improvements have been completed to the satisfaction of the City. These
improvements have been in place for over one year, and, with the exception of the wall, no
defects have been found. Therefore, no 10% warranty is being collected for the improvements as
a whole. However, a $12,000 faithful performance surety will be collected prior to map
recordation to guarantee completion of the wall repair, and said $12,000 surety will be held for a
C7-2
_ U
CAR—Final Map and Acceptance of Improvements—Parcel 08-0008 and Tract 2990 Page 3
12-month period to warranty the wall work. The wall is located on private property and will be
maintained by the property owner of Parcel A of Parcel Map SLO AL 08-0008.
Mitigation planting for this subdivision was performed at a ratio of 2:1 to replace the native trees
and shrubs that were lost due to grading. A warranty review of the plantings found that the
survival rate of the plantings was already well below the required 80% survival rate over three
years. These plants cannot be replaced until November since that is the appropriate planting
season for these species. Therefore, the Subdivider will deposit a surety in the amount of$10,000
prior to map recordation to cover the cost of replanting and caring for 65 five-gallon buckeyes and a
few toyons. The $10,000 surety will be released to the Subdivider at the end of a three-year
maintenance period.
The resolution approving the final map (Attachment 5) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the remaining improvements.
A draft resolution Accepting and Certifying Completion of the Subdivision Improvements is
attached(Attachment 6).
Public Concerns about the Project
There were several concerns raised by other residents during the design and construction of the
subdivision improvements, and City staff has spent a considerable amount of time investigating the
concerns and facilitating a response after working with the neighbors and the Subdivider.
• Public Concern: A concern was raised that an adjacent property was subject to "severe
flooding" because of nine 2% inch holes which were bored through the base of the block
boundary wall. The weep holes would allow a small amount of runoff to drain from the
lower lot (Parcel A of Parcel Map SLO AL 08-0008) to properties on Ladera Court.
o Staff findings: Historic drainage patterns and a previous drainage report show that
the properties on Ladera Court had been conditioned to take on the runoff from
the area directly above the property. In addition, the project improvements have
redirected a majority of surface runoff away from these two properties and into
controlled drainage swales. The potential drainage area for the nine 2%z inch holes
has been reduced to less than predevelopment conditions.
• Public Concern: A concern was raised during the review of the Tentative Map that the
Lawrence Drive extension and the cul-de-sac posed a severe compromise of Public Safety
due to the nonstandard radius.
o Staff findings: The vesting tentative map showed, and conditions of approval
required, a 34-foot vehicle tum-around area which included a sidewalk able to
support fire vehicle weight. After reviewing the road geometrics and bringing the
concern to the attention of the Subdivider, the access was modified in a manner
acceptable to the Fire Marshall. The Subdivider voluntarily agreed to
accommodate a Fire Apparatus hammerhead tum around area within Lot 9. The
modified design meets the current Fire Code with City Adopted Amendments.
C7-3
CAR—Final Map and Acceptance of Improvements—Parcel 08-0008 and Tract 2990 Page 4
• Public Concern: A number of concerns were raised regarding grading being done beyond
the property lines. These concerns allege that the Subdivider violated one or more
sections of the Municipal Code by grading beyond the property boundaries, resulting in
an artificial looking hillside that did not blend with the adjacent hillsides in the City open
space.
o Staff findings: To resolve these concerns, the Subdivider requested modification
of the boundaries between Lots 6 and 7 and the adjacent open space Lot 12, and
between Lots 1 and 2 and the open space Lot 11. A 10-foot wide Public and
Private Utility and Drainage easement running along the rear of Lots 6 and 7 was
also modified accordingly. The Subdivider requested modification of the
boundaries where Lots 6 and 7 meet Lot 12 in order to retain the entire fill slope
within the developable lots. The changes to Lots 6 and 7 would result in a
decrease in open space area of Lot 12. As compensation, the Subdivider proposed
to increase the area of open space Lot 11 which would be accomplished by
reducing the areas of Lots 1 and 2. As proposed, there is a minor increase in the
area dedicated in-fee to the City for open space of 44 sq ft. The proposed changes
ensure that the grading was all contained within the developable lots.
• Public Concern: A concern was also raised that there was grading beyond the subdivision
boundary into the existing open space lot adjacent to Lot 5.
o Staff findings: A field inspection by City staff determined that a minor amount of
material was graded onto the existing open space lot from the subdivision during
the grading process. At the City's request, the Subdivider removed the excess
material from the City's open space lot.
• Public Concern: Concerns were raised claiming that the installed street lights were
extremely bright and fully visible to neighboring properties.
o Staff findings: As a condition of approval the Subdivider was required to install
street lighting per City Standards. City staff verified that the lights were in
compliance with City Standards. As a courtesy to the neighbors, the City
instructed the Subdivider to turn off two of the lights until development of the
sites commenced and/or any security/safety issues arose.
• Public Concern: A concern was raised regarding the proximity of a"viewpoint" or bench
at the westerly end of trail that provided access into the South Hills Natural Reserve,
which the Subdivider was required to install.
o Staff findings: The trail across the open space lot was constructed per the plans
and as directed by the Natural Resources Manager; however, it was agreed that a
payment of$500 into the City's open space program would be made instead of
installing the "viewpoint". The payment amount was based on the approximate
cost of other similar benches commonly installed in the City's open space lands.
C7-4
CAR—Final Map and Acceptance of Improvements—Parcel 08-0008 and Tract 2990 Page 5
The trail constructed across Lot 12 by the Subdivider connects to a new trail
constructed by volunteer crews on the existing City Property. These trails lead to
the existing ridge trail on City Property (see Attachment 4). Input from
neighboring property owners was taken into account in determining the alignment
of the new trails.
FISCAL IMPACT
Typical maintenance and operation of public facilities will be required for the fire hydrants, water .
services from main to meter,public drainage facilities, and public open space.
CONCURRENCES
The Community Development Director, Utilities Director, and Natural Resources Manager concur
with the recommended action.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9935 (2007 Series)
3. Tentative Map for Tract 2723 (now Tract 2990)
4. South Hills Open Space Trail
5. Draft Resolution Approving Final Map
6. Draft Resolution Accepting and Certifying Completion of the Subdivision Improvements
T:\Council Agenda ReportsTublic Works CAR\201 I\DevRev\Tenet 2990\CAR—Final Map Approval and Acceptance of Subdivision
Improvements v2
C7-5-5
`` Y k'rfiarrrr = � Ni_�� 4rj� iiii � Ire
iii 711!!!1l1 `'
x!!11!
11/IIl1!l11i1!l1111
- Attachment 2
RESOLUTION NO.9935(2007. Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS-OBISPO APPROVING A
PLANNED DEVELOPMENT REZONE, VESTING TENTATIVE TRACT ANAP AND
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A
RESIDENTIAL DEVELOPMENT AT THE WESTERLY TERMINUS OF LAWRENCE
DRIVE; TR/PD/ER 77-07(TRACT 2723)
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 26, 2007, for the purpose of considering application TR/PD/ER 77-07, a request to allow
Planned Development rezoning and a vesting tentative tract map for a residential subdivision; 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 October 16, 2007;for
the purpose of.considering Application TR/PD/ER 77-07; 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.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Planned Development Rezone Findings. Based upon all the evidence, the City
Council makes the following findings:
1. The project is consistent with the General Plan and the Airport Land Use Plan, and the proposed
residential land use is allowed within the primary zoning district (R-1).
2. The project complies with all applicable provisions of the Zoning Regulations other than those
modified by the PD rezoning, which include: clustering of units within lots smaller than
otherwise allowed, reduced street yards, and alternative fencing standards.and requirements.
3. The approved modifications to the development standards of the Zoning Regulations, listed in
Finding No. 2, are necessary and appropriate to accommodate the superior design of the
proposed project, its compatibility with adjacent land uses, and its successful mitigation of
environmental impacts.
4. The project complies with all applicable City Design Guidelines and establishes additional
parameters to ensure development is in harmony with nature and the adjacent neighborhood
5. All. necessary public facilities, services, and utilities are available and adequate to serve the
proposed project.
6. The location, size, site planning, building design features, and operating characteristics of the
project are highly suited to the characteristics of the site and surrounding neighborhood, and will be
R 9935
C7-7
T
Resolution No. 9935 (2007 Seh6f Attachment 2
PW 2
compatible with the. character of the site
and the land uses and development intendedfor the
surrounding neighborhood by the General Plan.
7. The site is adequate for the project in terms of size, configuration topography, and other applicable
features, and has appropriate access to public streets with adequate capacity to accommodate the
quantityand type of traffic.expected to be generated by the use.
8. With the incorporation of conditions of approval and mitigation measures listed in the Mitigated.
Negative Declaration of Environmental Impact, the establishment maintenance, or operation of-the
proposed project will not, in the circumstances of the particular case, be detrimental to the health,
safety, or general welfare of persons residing or working in,the vicinity of the proposed use or be
detrimental or injurious to property and improvements in the neighborhood or to the.general welfare
of the City.
SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan and Airport Land Use Plan, including compatibility with the
objectives, policies, general land uses and programs specified in the General Plan.
2. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
3. As i conditioned, the subdivider will defend, indemnify and hold harmless the City and,its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attach set aside,.void or annul an approval of the City Council,Planning
Commission, or City Staff concerning a subdivision.
4. The proposed tentative tract map is consistent with the General Plan, *including Land Use
Element Policies 2.2.6, 2.2.8 and 2.2.11, and Conservation and Open Space Element Policies
7.3.1.D, 7:5.1, 7.5.4, 8.6.3 and 8.3.2.A, because the subdivision will provide residential
development anticipated by the General Plan and preserve and incorporate as amenities natural
site features and sensitive natural resources.
5. The site is physically suited for the proposed type of development.because the project has been
designed to utilize available residential density while protecting open space resources.
6. With the incorporation of the recommended conditions and mitigation measures, the design of
the subdivision and. improvements are not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because the project will
adequately protect in-place, relocate, or replace open space resources.
7. The design of the subdivision, or type of improvements, is not likely to cause serious public
health or safety problems because the type of improvements are appropriate for the location and
will be designed to meet existing building and safety codes.
C7-8
Resolution No. 9935 (2007 Series)�
Attachment 2
Page 3
8. The design of the subdivision, or the type of improvements, will not conflict .with easements;
acquired by the public at large for access through or use of, property within the proposed
subdivision because such easements will be maintained.
9. A Mitigated Negative Declaration was prepared by the Community Development Department on
September 12; 2007. The Planning Commission finds and determines that the project's
Mitigated Negative Declaration adequately identifies that there is no foreseeable potential for
significant environmental impacts by the proposed project.
SECTION 3. Action. The City Council does hereby approve the vesting tentative tractmap, Planned
Development rezone, and adoption of said Negative Declaration for property located at 300 Lawrence
Drive (Application TR/PD/ER 77-07; Tract 2723), with incorporation of the following .project
conditions and code requirements:
Conditions:
1. An. affordable housing agreement consistent with the draft affordable housing proposal shall be
submitted for review and approval of the Community Development Director prior to recordation
of the final map. The applicant shall provide an assessment of average square footage:of the 10
- lots in order.to determine what the in lieu fee calculation will be so that the City and developer
can agree on the amount due.
2. The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map, consistent with
SLO Municipal Code Section 16.40.080.
3. The entry gate shall be eliminated or replaced with an entry feature that does not impede access
into the site.
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 theieto, including but
not limited to environmental review.
5. The proposed cul-de-sac at.the termination of Lawrence Drive, including the entire area with
rolled curb-transitioning to a flush sidewalk and a.total radius.of 34 feet clear, shall be a private
street maintained by a homeowners' association with public access and utility easements and
maintenance agreements provided to the City as approved by the Public Works Department,
Utilities Department,Fire Department and City Attorney.
6. Complete street improvements shall be constructed in accordance with the most current City
regulations, City of San Luis Obispo Engineering Standards and Standard Specifications.
7. 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.
C7-9
Resolution No. 9935 (2007 SerG
PAIF4 Attachment 2
8. The developer shall submit.a detailed.hydrologic and hydraulic report, as required*by Section 2..2
of the City's Waterways Management Plan r Drainage Design Manual (WWMP-DDM),
reflecting the final subdivision design and adequately addressing all of the required report
components including as well as, run-off from seeps and springs, and design of the proposed
retaining walls.
9. All. sewer lines serving the subdivision will be
privately maintained by a homeowners'
association to the point of connection.ata City-approved location. Private sewer mains shall I be
designed and inspected in accordance with City Standards. Manholes and clean-outs will be
required to the satisfaction of the City Engineer and Building Official.
10. A clean-out at the end of the sewer line serving Lot 9 shall be provided. An extension of the
sewer line to the adjacent property(300 Lawrence) shall be eliminated from the Tract Map.
11. Easements for all public and private utilities shall be clearly designated on the Tract:Map.
12. Common driveway and utility agreements are required for the private driveway, to the
satisfaction of the Community Development and.Public Works Directors, per City standards and
regulations. The access road and utility extension plans shall be included as part of the
subdivision improvement submittals.
13. 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.
14. The subdivider shall be responsible for necessary adjustments to existing fire hydrants, public
and private utility and drainage services and any other affected facilities, to the satisfaction of the
Public Works and Utilities Directors.
15. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk vaults,
fusing, wiring, luminaries, etc.) per City standards, including off-site street I-igliting along
roadways leading to and from the proposed development, as determined by the City Engineer.
16, The subdivider shall place underground, all existing overhead utilities adjacent to the tract
boundary along the public street frontage(s), to the satisfaction of the Public Works Director and
utility companies. There shall be no increase in the number of poles that presently exist.'
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. Tree protection measures shall be implemented to the satisfaction of the City Arborist and
Natural Resource Manager. The City Arborist and Natural Resource Manager shall review and
approve the proposed tree protection measures prior to commencing with any demolition,
grading, or construction. Any safety pruning or cutting of substantial roots shall be approved by
the city and completed by a city-approved arborist.
C7-10
Resolution No. 9935 0007 Serie6j' ' Attachment 2
Page 5
19. EPA Requirement: General Construction Activity Storm Water;Permits are required.for all
storm water discharges associated with 'a construction activity where clearing, grading. and
excavation results in land disturbance of one or more acres: Storm water discharges of less than
one acre, but which. is part of a larger common plan of development or sale, also require a
permit.. Permits are required until the construction is complete. To be covered by a General
Construction Activity. Permit, the owner(s) of land where construction activity occurs must
submit 4 completed "Notice of intent" (NOI) form, with,the appropriate. fee to the State Water
,Board.
20. A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRCB shall be
.included as part of the building permit and/or grading permit plan submittal. The WDID
Number issued by the board shall be noted on all plans that involve regulated land disturbing
activities,
21. A standard fire service lateral to a double-check detector assembly and a live line up to a City
standard hydrant shall be provided in-lieu of the proposed dry standpipe. These facilities shall
all be labeled as "Private".
22. Water meters for individual homes shall be at lease F size. The maximum,number.of 1'7 meters
that can be placed on a single 2" water service lateral is four. Since there are a total of nine
water meters at the end of Lawrence Drive, each 2" service lateral shall serve three 1" water
meters. This requirement is subject to the Fire Sprinkler Engineer's approval and calculations
verifying that this configuration can provide the required flow.
23. A blow-off assembly is required ired at the end of the public water main in Lawrence Drive, and
shall be shown on the map. The fire hydrant on Lot 9 appears to be designed as a public fire
hydrant. A public water system easement is required on Lot 9 to provide for this hydrant to be
public,
24. The on-site sewer system shall be labeled as "Private," from the manhole at the end of Lawrence
Drive and including the sewer across the back.of lots 6-9 and through lots 10 and 12.
25. The configuration of the water services at the end of Lawrence Drive is considered schematic
for the purposes of the tract map, and will require adjustment to comply with City policies and
standards. These corrections will be made after submittal of the public improvement plans. The
water meter manifolds may require adjustment, as well. Service lines from the back of the water
meters to each of the homes shall be shown and covered by private utility easements wherever
private service lines cross one parcel for the benefit of another.
26. The use of p yate driveways and the cul-de-sac sidewalk for the turning of fire trucks, trash
trucks, and Utilities service- vehicles causes some concern. The applicant's engineer shall
demonstrate that private driveways and the cul-de-sac sidewalk (including the water meter
manifold' areas)used for the turning of fire trucks, trash trucks, and Utilities service vehicles, will
be structurally capable of supporting these loads without breaking down prematurely. The
owner's association shall be responsible for repair of any damage to these facilities that may
occur over time as a result of the routine activities of these vehicles.
C7-11
Resolution No. 9935 (2007 Sen*ft)
Page 6 Attachment 2
27. The conditions of approval,proval, architectuml guidelines, and all easements shall be recorded on-title
with the individual lots.
28. A :rock crushing operation plan shall be provided to and approved by the Community
Development Department establishing hours and duration of
rock-crushing operations prior to
the commencement of work.
29. A 6400t tall decorative wall shall be constructed along the northerly property line from the
north-east comer of the site to the point where the public access trailw
turns southward away from
the neighboring properties. Landscape planting and maintenance.shall be reviewed and approved
by the Natural Resource Manager.
Mitigation* Measures
Aesthetic Resources
I. Homes within the Planned Development shall be subject to architectural 'review to insure
consistency stency with the Tracts Architectural Guidelines and the Community Design Guidelines
Hillside Development Policies.
Air Quality Resources
2. The following APCD standards for dust control shall be adhered to:
a. Reduce the amount of disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required Whenever wind speeds
exceed 15 mph. Reclaimed(non-potable) water should be used whenever possible;
c. All dirt stockpile areas, should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project rOvegetation and
landscape plans should be implemented as soon as possible following completion of any soil
disturbing activities;
e. 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;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved
chemical soil binders,jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
C7-12
Resolution-No. 9935 (2007 Serim,
Page 7 Attachment 2
h.. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site;
i. All trucks hauling dM 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. .
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site, and,
k. 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.
3. The applicant shall quantify all emissions associated with the construction activities including
the proposed hauling activities to determine the air quality impacts and apply to APCD for
necessary permits associated with the use on an.on-site crusher.
4. A construction monitoring plan consistent with APCD standards shall be submitted to the
Community Development Department and approved by the APCD prior to the issuance of public
improvement or construction permits.
Biological Resources
5. Proposed mitigation measures included in the plan, as outlined in the LFR report dated May 3,
2007, and as modified by mitigation measures adopted as part of this report and other
entitlements, shall be incorporated into the final tract design and construction documents.
6. Trees and shrubs expected to be lost shall be counted and those counts utilized to develop.a
planting mix and density appropriate to the size of the mature plants.
7. New plantings proposed for the lower open-space lot shall be revised to utilize buckqyes as the
main replacement, with toyon and oaks included to fill in some areas. Mitigation shall R be in-a
manner approved by the City; this including size (minimum 5 gallon), ratio I (minimum 2:1 for
California natives), and location (lower open space lot except for the maintenance access
easement area and other areas to be preserved within that lot). This mitigation shall be subject to
the approval of the Natural Resources Manager.
B. Physical barriers should be installed around trees proposed to be retained to prevent inadvertent
damage during the removal of the fill and subsequent construction.
9. The appropriate boundary of the upper open space lot shall be subject to modification by the City
Natural Resource Manager, following an in the field inspection, in order .to ensure sufficient
protection of the spineflower within the upper open space lot.
10. A biological open space easement shall be placed over those portions of Lots 2-6 which extend
into the open space zone, exclusive of the deck areas. This easement shall include protections for
the rare Palmer spineflower and its habitat within those lots.
C7-13
Resolution No. 99.35 (2007 Seriis]_ '-'Attachment 2
PW8
11. The area held within a biological open space easement placed over those portions of Lots 2-6
which extend into the open space zone, exclusive of the deck areas, shall.be completely fenced in
to adequately protect the sensitive resources. Location and design of the fencing shall be
approved by the Natural Resource Managerand Community Development Planning Department
prior to installation..
12. The area occupied by native grassland and clay mariposa lily in :the northwestern portion of the
property is proposed for conservation and should not be used for other mitigations such as tree
planting which.would be in conflict with trying to preserve these resources.
13. Development of Lot 10 shall avoid modification or impact of the existing freshwater seep. To
insure that the line or trough holding the sewer line passing through the freshwater seep 49esnot
become a conduit or drain and change the drainage pattern or condition there special designconsideration shall be made. This could include some.soecial backfilling there using clay, use of
one or more "collars" or similar structures on Or around the sewer pipe itself, or equivalent
provisions as determined adequate by the Public Works Department and Natural Resource
Manager. Plans submitted for architectural review shall include adequate information to insure
that the area is also protected during construction.
Cultural Resources
14..If vegetation is cleared in the area surrounding the chert outcrop in the northern portion.of the
site,the area should be reinspected, thus allowing effective surface reconnaissance.
15. After the unconsolidated fill material is removed from the central portion of the site the area
should be reinspected, thus allowing effective surface reconnaissance.
16. In the event that buried cultural material bearing deposits are exposed during any future
construction, all work should cease in the immediate area (within 50 meters.) until the materials
can be evaluated by a qualified archaeologist and, if prehistoric, a recognized representative of
the Chumash Nation.
Hazardous and Hazardous Materials
.17. A soil sampling plan for the concrete/rubble/fill area shall be submitted to the City of San Luis
Obispo Fire Department for review and approval. The work shall then be completed prior to site
grading or inception of other work, and submitted to both. the Fire Department and APCD for
review and approval. Additional requirements and/or permits may be applied as determined by
the results of Testing. Soil samples will be analyzed for Total Lead and Asbestos,
18.In the event that soil sampling identifies the presence of hazardous contaminants, the applicant
shall coordinate with the City of San Luis Obispo Fire Department and Air Pollution Control
District (APCD) as necessary to insure the proper removal and handling of materials consistent
with local and state standards. If Naturally Occurring Asbestos (NOA) is not present, an
exemption request must be filed with the APCD; If NOA is found at the site the applicant must
comply with all requirements outlined in the Asbestos ATOM.
11 ydrology and Water Quality
C7-14
Resolution No. 9935 (2007 SerLj-'
Page°9 Attachment 2
19. Thepublic improvement plans submitted with the final map shall address handling of drainage
between Lawrence Drive and the Meadow Street cul-de-sac in the publit.fight of way known as
the "Meadow Street alley." Proposed improvements in this area shall 1 1 consid.er alternatives
including the possible need for an underground storm drain with inlet and outlet.structures. At a
minimum, the potential erosion between Lawrence and the Meadow Drive cul-de-sac must be
controlled, and inlet (at Lawrence and the alley) and outlet (at the Meadow Street cul-de-sac)
structures provided.
20. Improvement plans shall.show construction of a.24-inch storm drain from the.o. utlet:from the on-
site drainage facility out-letting to the swale in the open space above Cima Court and extending
to the intersection of Woodbridge and Meadow Drive, where it discharges into the creek in
Meadow Park, subject to calculations.
21. The final project design shall mitigate the projected increase in runoff in the Lawrence
Drive/Meadow Street drainage toward Meadow Creek to the satisfaction of the Public Works
Directorand City Engineer.
22. All requirements/recommendations of the Geologic Appraisal by Cleath and Associates dated
2/16/5 and the Geotechnical Report dated 11/2/04 and updated June 19, 2007 shall be
incorporated nporporated. into the project design. Include mitigation measures for spring water and a
collection system for subsurface water from utility trenches and future development. Any
subsurface drainage system shall outlet to the existing easterly drainage swale.
23. On-site drainage facilities shall be designed for the 100-year event and maintained by the
Homeowner's Association.
Public Services
24.The homeowner's association.CC&-R's shall restrict parking anywhere in the private driveway or
on the individuallots' driveways within the area covered by access easement.
Recreation
25. The specific alignment, width, and tread and substrate material of the public access trail shall be
determined in the field by the City's Natural Resource Manager and Planning Division.
26.Final design and details of the trail connection to Meadow Drive, informational signage,and site
furniture such as the, "community viewing bench" shall be reviewed and approved by staff.
Transportationfrrafric
27.All construction traffic shall be restricted to the use of Lawrence Drive and Broad Street so
construction traffic won't impact the rest of the neighborhood, excepting for traffic associated
with improvements to the northern portion of the site off of Meadow Extension.
28.The private cul-de-sac shall be signed for no parking to accommodate emergency vehicles.
Code requirements:
C7-15
Resolution No. 9935 (2007 Seri6r' Attachment 2
Page 10
Vie 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.
11. 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
pemiit issuance for work in the public right-of-way.
3. Any sections of damaged or displaced curb, gutter&sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director.
4. AN boundary monuments, lot comers and centerline intersections, BC's, EC's,etc.:., shall be tied
to the City's Horizontal Control Network At least two control points shall.be used and a
tabulation of the coordinates shall be submitted with the final map or parcel,map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer
floppy disk,containing the appropriate data compatible with Autocad(Digital Interchange
Format; DXF):for Geographic Information System (GIS)purposes, shall be.submitt6d to the
satisfaction of the Public Works Director.
5. Prior to acceptance by the City of public improvements,the developer's engineer shall submit a
digital version of all public improvement plans &record drawings, compatible With Autocad
(Digital Interchange Format,DXF) for Geographic Information System (GIS)purposes,to the
satisfaction of the Public Works Director.
On motion of Council Member Brown, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Carter,,and Settle and Mayor Romero
NOES: Vice-Mayor Mulholland
ABSENT: None
The,foregoing resolution was passed and adopted this 100 day of October 2007.
.Mayor David F.Romero
ATTEST:
alul
Au&ey Hoop
City Cle
C7-16
Resolution No. 9935.(2007 Senesj `z
Page 11 Attachment 2
APPROVED M TO FORM:
q Chan R. Lowell
ty Attorney
C7-17
Pull
lip ' ...
all
jig
I
°
e
..� /b. -i�__ _ wt" , ;,+M L —.`sly, �R,+•° g $
s: l��q y i � � •• i
zz.
7411 -5 a
•
J ry ----
1j; p ;
ZW
a a o �, o s t .• I .,y C � V�
v a s ./ N o i l i s o • x a
9v _! 0
t R m m
S'
C7-18
Attachment 4
cl
14
SOUND WALL lrV11TCHElL
J �Y
r •Lc' �_
TRAIL CONSTRUCTED Yj
.. -.
_ BY SUBDIVIDER U
_ p4tlpeo s
n 2
LAWRENCEr
a
Opp..-A®Cm-- '
w TRAII�EONSTR}1STEQ Fyy a s v ,
,zr,,,>9
4 - Qd-OL W1 T. t.Rte' 't _ t:. a.. + :,FYS.,: ° .*..+,1- _'f 24.n�+. `; '"''r,^•' c
pt t a '-
1 t �O . � N 4 t'tt I tc � ° a��✓b � 'Y 1.
It
1 S
Y,r. a ..- s { r. .1'�•'♦ - + C�� - t ` .. ,. ���: �
:^°. �`� •_ .`; sr •� f'. L �1 �f i ti.M'?1C."fit �� .,�& � 1 1 o ♦ •h�#^5 .ti�5�:I 'y �< ^.` 'i '�V���^y
r 7: { '•� ti F „far ?,r•Kt Yti� i Ji w4 is f `..w 3K�'`"d+,otT 4.T;
t. ', <,�(��icEST�N�TRA41 ': ,��^- • 3� ,' `: � �S �� r3�h �. t '.' �CY� y`��'
a }R.�.' i..f'♦a d �,. -'�{,1R A i e .� q ; \�� � �._ s�/ti*.:' _ tr t� ry. y a
�. r. ] �♦ 4` ,� 1 1 r 4 U� .,c+i x `k n,c. .Yv't ♦ \+'
_'r`4� '�•`�l }♦ 5 t; ; � P-v ". 'ryr�"T`'`tu '� � Ys�S- e � � �'5 S `a' - 'V-1'��j} `. :16
a'f '� 04•a hn t +titi k 3c+. _.ma t ?Nkl �p'J�`• ''L
t
,�� t`� \♦- -..} ��...- }'� - +:•r•"J a}. f'f, r �A. -
r� •! .+ r. +,a �' F i Y j°\a t ns,,�. o }ice, s .
4r A
city D(Sail WI9 006.
SOUTH HILLS OPEN SPACE TRAIL
ATTACHMENT 5
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2990(FORMERLY TRACT 2723)
(300 LAWRENCE DRIVE,TR 77-07)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2990, as prescribed in Resolution No. 9935 (2007 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received or will be received prior to map
recordation, as prescribed in the Subdivision Agreement; and
WHEREAS, all conditions required per said Resolution No. 9935 (2007 Series) have been
met prior to final recordation of the map; and
WHEREAS, Private Biological Open Space Easement Agreement(s) are required over a
portion of the lots to protect sensitive biological resources.
NOW,THEREFORE,BE IT RESOLVED by the.Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2990, as shown on the attached Exhibit "A",
combined with Parcel Map SLO AL 08-008,as shown on the attached Exhibit`B", is found to be in
substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract No. 2990 as shown 6 the attached
Exhibit"C"is hereby approved. ;
SECTION 3. The Private Biological Open Space Easement Agreement(s);ouer.Lots; 1
through'5 of Tract2990, a sample of which is shown on the attached Exhibit "D", is hereby
approved.
SECTION 4. Approval of the final map for Tract 2990 is hereby granted.
SECTION 5. The Community Development Director is hereby authorized to approve
Parcel Map SLO AL 08-0008.
SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
R
C7-20
ATTACHMENT 5
Resolution No. (2011 Senes)
Page 2
Upon motion of ,seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2011.
ATTEST: Mayor Jan Marx
Elaina Cano
City Clerk
APPR VE AS TO ORM:
Christine Dietrick
City Attorney
C7-21
W1!b!t 1W1
9�t`-�'�'
{i
'c .\\ S vYi aYBp Rmw ge
FF29
d:�Ye'� �,3.-: 'f•/ o `Y�':WEA, `aar._% .a'; 1!
�,3 a� �6y�
b E a f. ^ k 3yiaa3i !}
B y5 y'g gC g4 I d hill A
ays��g $I3^�a 'l
#6V'fy .y a Nll x`S c I ` ffi
a
o
O,L
5
�ny]
���<Ci - u ��
r. ' ?R!
4YuW
„0
�pU\
ja
IL
0 <a
bF ! 3 rl `Y. o k d S SFT
g ba. r
ti i tls, zNaaa ye ^� gt
y�y��•' y�'�' 3 Y7� �Yd 4 9etmi�
ase
c :s• SFr g� a.';
Ga a sr
RL .li
=
qTj
C7-22
�Xhibit
-83 L-3]EEES
6 8 388 Ey8E8338Ed88S BS'SeE 8E 838 `J T
-1917- L„rnza � •xe 5•aa:''3 -:x.-5 -+ �a �pQ§rRi
t 8a1 L�.d�5�0904 1 � y :.Y IIF C�
� [80 1JOM1 4_ g �.,�yE-�• � ! % R pyP y5 t I Y�4�'Y
c4'. z}s YB:aS a � I EW eYk�i "t�
� A �y 18 $4 -��Y Ir..ttte.:.n.uea ir.Kwv�' / r i w _ui.m+a�.�• u t li x L3 e �
xpY`
x'n '(,x
F�W3gJ
ILp F /� •tsu 1 f <• h 9 p M
tl r o w qR s
�38�
Y
f; Wfl
^� ap�f� �z, i7<• r nod o
3n�3 Yb"
gd a fi3 a z r
., ,/ !• .: .. Sao < -- .( �
au'IR -
I�
dc3.
3: a 5..• •'� _QiI CY .rrr�-- R �- QS"2�r•x _- � �t7
? .k:_ -a zs;3 3,s J� '-st•t' a§ � R.' .� .\aR` � � 5
Mm
C7-23
Ibit T'
Mg, AdT
Bey ' ?fit S : : 25t5t 9g_
lis
!
i4k:x 3s2 S ��•vo��3X � •qq`^E•� �x �
asXYFis
1,0
0
g0ted-,, 33
I' :`
Q ba; 7
=�. Fpw>
<= _IAC x"uu' � fl"
: 1
3! C
i I �'
figE�g++ _�.�f,, tl c�� • � Ye 3
x` v�
s5 €y
md
Yo V9 Yy AF
y £ G
ij @.e� k
silly@
xe,b FFA `i,
kl�qlb§
di
C7-24
exhibit "B" -
65
filxF =i I ff zlr^ m l
wo01
01
N., 37 g o jz�
0
zc i
R co
24,
Lu Zv
0 *it III !�-%-
AL
I�aj
t2"
3=NM
�tl Ey
a m
C7-25
L.Ahlbit "B" .
' E
,
�| §
�|! j
WE
(\�
\ / \/
R ? \ 5G
C7-26
SCI
-IMT
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2011, by and
between LAWRENCE DRIVE, LLC, 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 2990, City of San Luis Obispo,
California, as approved by the City Council on the 26th day of September, 2007.
The Subdivider desires that said Tract No. 2990 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 speci i tions 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.
C7-27
EXHIBIT C
4. LANDSCAPING
5. DRAINAGE 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 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.
C7-28
"'IBIT C.
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$12,000 which is the
amount of the estimated cost of said improvements that remain to be completed from the
original$746,695 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 other required
C7-29
EXHIBIT
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, City will retain the above referenced faithful performance surety in
the amount of$12,000 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 pians and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement..
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
C7-30
EXHIBIT C.
Said Subdivider has paid an inspection fee of$35,428 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 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
LA CE HOMES, LLC
MAYOR Jan Marx By: a dy Alonzo, Agent
C7-31
D"IBIT C
ATTEST:
CITY CLERK Elaina Cano
APPROVEWS TO FORM:
CITY ATTORNEY Christine Dietrick
C7-32
EXHIBIT C
EXHIBIT 1
TRACT 2990
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a Mitigation Planting Replacement and Maintenance
guarantee in the amount of$10,000 to cover the cost of replanting and caring for
65 five-gallon buckeyes and a few toyons. This amount includes soil amendments and
gopher protection,plus the labor cost of planting and caring for the plants for three years.
Said guarantee will be released to the Subdivider at the end of the three-year maintenance
period.
2. 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.
3. 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.
4. The subdivider shall comply with all requirements of Council Resolution 9935 (2007 Series)
approving the tentative map.
C7-33
. EXHIBIT C
EXHIBIT 2
TRACT 2990-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $12,000 CD or LettCedxxxx
Labor&Materials(50%of total cost of N/A
improvements
Mitigation Planting Replacement $10,000 CD or Letter of Credit xxxx
And Maintenance
Fees:
Ma Check Fee $3,783 Check 3/21/08
Plan Check Fee $10-110-7 Check 5/30/08
Early Grading Inspection Fee $5,000 Check 6/2/08
Improvement Plan Inspection $30,428 Check 6/23/09
Total Insvection Fee $35,428
Park In-Lieu Fee $46,719 Check 6/23/09 .
en S ace Bench Fee $5 000 Check 7/8/09
Affordable Housin In-Lieu Fee $250,240 xxxx xxxx
Water Impact Fee
Wastewater Impact Fee To be paid with
Transportation Impact Fee building permit
'Inspection Fee calculated based on staff hours.
C7-34
E 'VEIBIT D
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works/Development Review
919 Palm Street
San Luis Obispo, CA 93401-3249
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
FOR
LOT 1 OF SLO TRACT MAP 2990
This Biological Open Space Easement Agreement, is made and entered into this
15th day of September 2011, by and between LAWRENCE HOMES, LLC hereinafter
called"Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the
State of California, hereinafter called"City".
WITNESSETH
WHEREAS, Owner possesses certain property (the "Subject Property") situated
within the City of San Luis Obispo, described as follows: Lot 1 of SLO Tract Map 2990
in the City of San Luis Obispo, County of San Luis Obispo, State of California,as shown
in Book of Maps Pages to in the office of the County Recorder of
said County, 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 was required
pursuant to City Council Resolution 9935 (2007 Series)which authorized development of
Tract Map 2990 of which the Subject Property is a part; and
1 C7-35
1 I
m-AHIB
IT D
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 biological open
space 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 I 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 a portion of the Subject Property as shown on SLO Tract Map 2990 (the "Easement
Area"). Said grant of easement conveys to City an estate and interest in the Subject
Property. The purpose of the easement is to protect said biological diversity,natural
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. The Easement Area, exclusive of the deck areas, shall be completely
fenced in to adequately protect the sensitive biological resources, particularly the
2 C7-36
IIT L,
Palmer spineflower and its habitat. Location and design of the fencing shall be
approved by the City's Natural Resources Manager or his/her designee and the
Community Development Department prior to installation.
b. No other structures shall be placed or erected within the Biological
Open Space Easement Area, exclusive of the deck areas, except as allowed or
approved by the City's Natural Resources Manager or his/her designee.
C. Owner shall not plant or permit to be planted any vegetation within the
Biological Open Space Easement Area, except as otherwise 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 Biological Open Space Easement Area, except as reasonably necessary for fire
protection, hazard abatement, or replacement or removal of dead vegetation, or as
otherwise allowed or approved by the City's Natural Resources Manager or
his/her designee.
e. The general topography of the Biological Open Space Easement Area
shall be preserved in its natural condition except as otherwise allowed or
approved by the City's 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.
3 C7-37
'EXHIBIT D
5. This grant of biological open space easement, as.specified in Section 51096 of
the Government Code of the State of California, upon execution and acceptance
in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the
Government Code of the State of California commencing with Section 51070,
shall be deemed an enforceable restriction within the meaning of Article XIII,
Section 8 of the Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of land.
7. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review and
approval of other agencies with regulatory control over work done in the
riparian corridor, specifically the State Department of Fish and Game and the
U. S. Army Corps of Engineers.
8. The terms and conditions contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF,the parties hereto have executed this document on the day
and year first written above.
OWNER/GRANTOR
Lawrence Drive, LLC
By:
Randy Alonzo,Agent
ALL SIGNATURES MUST BE NOTORIZED
4 C7-38
Th
FORM OF ACKNOWLEDGMENT
State of California
County of San Luis Obispo
0:=ber 7, 01 l�re e, Wendi Jean Rogan,Notary Public, personally appeared,
who proved to me on the basis of satisfactory
evidence to b&the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person,or the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
WHi01 JEAN ROGAN
Cl $310 11935629
Signature cr (Seal) c Nittry Public-CtlHomia
Stn Lula Obispo Coumfr
Comm. ret Mt 8.2015
C7-39
EXHIPPIT D
CITY OF SAN LUIS OBISPO
By
Jan Marx, Mayor
ATTEST:
CITY CLERK Elaina Cano
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
5 C7-40
�.' ATTACHMENT 6
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2990 (FORMERLY TRACT 2723)
(300 LAWRENCE DRIVE, TR 77-07)
WHEREAS, the City Council made certain findings concerning Tract 2990, as
prescribed in Resolution No. 9935 (2007 Series); and
WHEREAS, the City Council approved the final map for Tract 2990 per ,
Resolution No. (2011 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2990, except for the mitigation planting, in accordance with City standards, specifications,
and the subdivision agreement, and has requested acceptance of the public improvements for
maintenance and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2990, except for the wall on Parcel A of Parcel Map SLO AL 08-0008, in accordance with
City standards, specifications and the,approved plans, and has requested that the city certify
completion of these private improvements; and
WHEREAS, the public and private improvements have been in place for over one year,
and,with the exception of the wall and mitigation planting, no defects have been found.
WHEREAS, the subdivider has submitted sureties guaranteeing completion of the .
mitigation planting and wall.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements for Tract
No. 2990,except for the mitigation planting.
SECTION 2. The City Council hereby certifies completion of the private improvements
for Tract No. 2990, except for the wall on Parcel A of Parcel Map SLO AL 08-0008.
SECTION 3. The Public Works Director is hereby authorized to accept the mitigation
planting on behalf of the City upon its completion to the satisfaction of the City.
SECTION 4. The Public Works Director is hereby authorized to certify completion of
the wall on Parcel A of Parcel Map SLO AL 08-0008 upon its completion to the satisfaction of
the City.
SECTION 5. The surety guaranteeing completion of the mitigation planting may be
released by the Public Works Director upon the successful completion of the 36 month warranty
time period from the date the Public Works Director accepts the improvement.
R
C7-41
i'
Resolution No. (2011 Series) ATTACHMENT 6
Page 2
SECTION 6. The surety guaranteeing completion of the wall on Parcel A of Parcel
Map SLO AL 08-0008 may be released by the Public Works Director upon the successful
completion of the 12 month warranty time period from the date the Public Works Director
certifies its completion.
Upon motion of , seconded by
and on the following roll call.vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2011.
Mayor Jan Marx
ATTEST:
Elaina Cano
APP D TO FORM:
Christine Dietrick
City Attorney
C7-42
���IIIIIIIIII��������IIIIII �
mEmo�anc�um
cI o san Luls osis o, a mini ationdE atz "Ent -
DATE: October 4,2011
TO: City Council RED FILE
MEEnNG AGENDA
VIA: Katie Lichtig, City Manager DATE& & ITEM # @Z�
FROM: Neil Havlik,Natural Resources anager
SUBJECT`. Mitigation Monies at Lawrence Drive Project
This memo is in response to the question from Councilmember Ashbaugh regarding whether or
not a $10,000 surety is enough money to cover the cost of the "new" mitigation required of the
developers of the 300 Lawrence Drive project.
The short answer is "yes".
When the new owners of the project fust approached the City last spring, City staff reviewed the
planting mitigation (of 140 trees and shrubs) from 2008 and found that a significant die-off had
occurred in the summer and fall or 2010, leaving the proportion of live plants at approximately
50%. This was far less than the acceptable standard of 80%, and therefore a requirement was
made that the new developers install new mitigation plantings to restore the numbers to the
original (140) and "restart the clock" on the mitigation. This was agreed to by the developers.
Since the developers were anxious to move forward, and planting in the summertime is not
recommended, an amount was agreed upon that met the expectation of cost for this work. That
amount was $10,000. Staff feels that this amount is sufficient to purchase 70 new, 5 gallon stock
(at $20 each), install same (also at $20 each), and use the balance ($7,200) for weeding and
watering for up to three years. It is expected that actual planting will take place in November of
this year and a new mitigation "clock" will start at that time.
We believe the unexpected dieback that occurred in 2010 was due to the fact that the previous
owner lost the property through foreclosure and care of plantings stopped at that time.
Hopefully,the next developer will remain on the scene for the necessary time to see the plantings
through to successful establishment.
hard co email:
0 COUNCIL a CDD DIR
0 CRY MGR 0 FIT DIR
0 ASSTCM
o ATTORNEY 0 IREFCHIEF
0
IRE
e �CLFRK/OR1G 0 POLICECEIIEF
0 TRIBUNE
0 PARKS&RECDIR
_ 13 HRDIR
0 UTILDIR
•0 SLOCRY�S 0 COUNCIL
C1 CRYMGR
0 CLERK
lawrence drive memo2.doc
RED FILE
From: shawn mcnabb [mailto:shawn.mcnabbCalgmail.coml MEETING AGENDA
Sent: Friday, September 30, 20111:33 PM DATE D 'ITEM # 4
To: Dostalek, Diane
Subject: Re: 300 Lawrence Drive project
Hi Diane,
I will get some pictures to him this evening when I get back from work. I have a large pile of
email correspondence from various council members promising resolution on some of the issues
raised plus an email from Planning promising that the,mitigation requirements would be met
BEFORE the final tract map was approved. I also have documentation as to the reason this is
important (mainly that by approving the plan the developer is off the hook -- as an example, say
they decide that $1OK is less than what it would cost to plant and maintain the trees.... Well, they
will just default and the city will be left on the hook to fix the problem).
Meanwhile, here is a link to some of the pictures I have:
http://www.mcnabbnet.com/Public/LawrenceDrive/Photos/index.html
Of particular interest in regards to the grading issues, are the comparison between these two
where you can clearly see the topology (note the small ravine behind the buckeye tree)has been
completely modified:
http://www.mcnabbnet.com/Public/LawrenceDrive/Photos/D EC2007/sl i des/C I MG311 O.J PG
http://www.mcnabbnet.com/Public/LawrenceDrive/Photos/JuIV2008/sl ides/C fM64174.JPG
As you look through the pictures, you will see how the entire hillside was essentially dug up and
replaced with a rounded mound and larger top area. However, as mentioned above, I will have a
better set (before/after) showing the height discrepancies and encroachment when I get home.
Thanks for your time,
-Shawn
On Fri. Sep 30, 2011 at 10:50 AM, Dostalek, Diane<ddostale(i4slocity.org> wrote:
Shawn.
With regards to the mitigation planting,we are not collecting an in-lieu fee. The developer is still on the
hook to make good on the planting. The $10,000 is security to ensure that the planting does occur.
If you have photos of an encroachment remaining that is supposed to be removed, can you email them to
Ken Chacon at kchacon(usloci, .org, so we can address the issue?
Thanks. hard copy: email•
o COUNCIL G CDD DIR
Diane Dostalek, Engineering Consultant a CITY MGR o FrrDntc ASSTCM o FIRE CHIEF
o ATTORNEY o PW DIR
O CLERK/ORIG o POLICE CHIEF
o PDI o PARKS R REC DIR
o TRIBUNE o U71L DIR
o NEWTIMB aHRDIR
D SLOCnYNEWS o COUNCIL
o CITY MGR
C3 CLERK
City of San Luis Obispo
(805)783-7704
From: shawn mcnabb[mai Ito:shawn.mcnabb(cr�gmail.corn
Sent: Wednesday, September 28,2011 10:29 PM
To: Dostalek, Diane
Subject: Re: 300 Lawrence Drive project
Thanks Diane,
I am really sad to hear this has been approved by staff given all the issues with the project. I am
especially alarmed at approval of grading amendments and imposition of a tree
replacement/maintenance FEE in lieu of requiring the owner to live up to mitigation
requirements in force (and promised to the surrounding residents that have been ).. Given the
history of this project, it does not take a huge suspension of belief to predict that no trees will
ever "really" be planted. The $10,000 to be paid is simply considered a business cost.
As for the grading, I can tell (and show in before/after pictures) the encroachment most certainly
has not been removed. Plus the report appears to gloss over the significant change in profile and
height that occurred during the grading process. A gain of 44 sq. ft. in open space seems rather
paltry in comparison to the amount of damage done and blatant disregard shown for the hillside
protection standards.
Hopefully I will be able to appear at the council meeting. I am afraid that this notice was a bit
late and unexpected. However, thanks again for keeping me in the loop.
-Shawn
On Wed, Sep 28, 2011 at 9:37 AM, Dostalek, Diane <ddostale(d�slocity.org> wrote:
Shawn,
Ken Chacon asked me to forward this information on to you. The final map and acceptance of
subdivision improvements is on the agenda for the Oct. 4 Council meeting. Here is the link to the
agenda: http://www.slocity.orp,/cityclerk/apendas/council.ast) Click on item C7 to see the
Council report.
Diane Dostalek, Engineering Consultant
City of San Luis Obispo
(805)783-7704
11� 040
IT-
°r
• Q��� oa _ c� �o�a,�,v 3'+p'��,°QP - .'���'�`5<.';Y�c�,�� '+ �P� o:qr �° a�`�¢
t INn' o
$ Y� o
60
k4v .1
•`1` Z
"wwtl--
Q
VI >•
6* c
1 q `
40
'k6 r—g
aFo� rt�s i� wx-,
°. �� t�: 4^o a�`° �—�Ua��\, � 4 !f 4 ��� {. . �3 ,$ `�•` .
pp O ( '�T�✓t^' pG�,
IX, rr \,r:.T r
c! tx o�.y• r� i yYt, t '.. � .:e .L. s i'�P P d +r�.^ b � �'
�° ..+ q�
tee
�� � lS r 4 P+ .. r l•L+f. Qy t , >4r y
rte• Y�o`�`C"�l ./�� Oj(�1 l`(/-Qtr ( '�N 1 T t " C "T YLI (Y
Ob
St
4y
__ I J 1,A r$ti'^ �,�� 9..�` J—�!• `bC r t �^s�a's
' 'F` � i.� d •5C §'9 2'>.+,{ J'L ^riR � y`�(?y'� r KKK �W e
m 3
v 1"
r"",,� e »rp.
o� A� Cyn{-
IV I
F � y
.F6n1.• � - p9'F-p,.lrv.y S."'v, k R r C G -�F.`'� � ',
d ° y„x. �eE` s � � �x,GJ� '7y N?�t �<pg• °. "� �4�� °4` ro"h .�
Z:
do
'' d b -a'd.° ,i✓y, b. r it}• r '`'( w �p}5'° <- � vma:.
17J a P
rr
a rt.
'VyR'e�R�i>r � c•i - � `-°ei fi. CtT 0{, th..��dv
6 u•. a N„ t A 7, a .Y Yy tvo mak.
Z.
r
_
h
1 of q'"� y, f,(�A6*{may .,k` a ;` ^t •u„ pd V
ti x - o R -oft at1T t'a •li
)v �-- � �.< e '�Hi'' kpx, 1x t' 3 .��.F�" Tr.L°
4En
ell.a t v t': ° sG,S x� o d � K 1• _�M1q 1-E...�b°Y'"c'.
},'� Ci o F"� S'� • r R1� b � 4 yr' N^ �b N"i t.
i d. it r. ;.ec "�„�"::..� �,,• �
� 'g u'^Ri °z {v � n 8 dF - '.� ; �rJx.19 f � .d'S•y ����<� F_ ``_
Y C
4
sY`
(� .-.p. 1 �� ,:s• .��� d D S ..• A.. "4' i' } y. j P +1.♦ b j{.. � 3� f- ;��o
� ..p� t � }� t ° a �a .�^. S, ♦°'� .+� b "^ � � � �„2.2 rdFs �
TaTX
�--� R•, a yr -4 s -. � _- r` r `�'`
is � Tj
F y t
6 C
�A V a r 'x .R -AcL.'b', .-”oma r-.i?�.®� •AI,
- ° x c < '.°• 3 093.. 'G^'�r.
.. •�", '� �rti, x3a� ed1 S �'h fid.
ro R
d' -�'V i T fbQrKy< h
4 �k
Y r NG
'�' fl'!.• 'kk f•
N
2�
a.
q
r• r � u p '�I
_ If 1t � (7 �( r�.:-'. �;� �y�7�.. ° o „'tiy fV-',/i n d.Vi� f� r�.c(✓F. p
1 'i �j i•-.I i �'t^Ywy `_. ` i1( r�f,yt�� ,CY •I
•,1 1 +�. J 1 J�J r �y{� Aye
�t r qhl � 4 � .t)``�s9 A tie;..y � rr C S %-o + f �•f'H
4Ai Ae
v` vi
Ar
f}Ch
I` jri j
�t•.• Ci ! '' J I '� t I� � � ���,� Wr A l\1 1�� � ' . J A •r/ �b J
` u � Y .. i " '1. .. �, }j/�f�f,}" t✓" ,� •� qJ/r.'fj�f. �).:r ` it,• ((r . Y
'�l � E i v r: [C.�. r+ J� r, �j t.�d}t 5'C�j Y'1 C �s t•�! �.
jr4 n7%
r j ` r ' 1 i tt T •, t ff , 1 j'pc .�/r r'7, t !�, t,',
y •,L G r
JI
�� •� - . 7 ' t Gf r. JJ•f. 1 t , 1 7 1 S�� �t� L y.�+ l ,,
10,
t. � srt
asn
LAK-� '.4 N ��.. ,�; ? y ,'rr}r.y;%tT'"r,2w1t �•=
s � i, rJ ... Y� t f sy i•: X__sem' ��L„y Jt'(�/� .M1.�1�
l +
cm 7 .t)�. n 1 I i . e• F.' `� gr"'--'•ir'iz LYt
"f .'F. s •o J . (r. t. 'Y� 3 t j �.•; r n�tet r_q ��t
D Z yt r •�.^,, ,e a 1 KQ-as arra t + ry�1( a 1
MF.
- Y " 1 std �3- r i.M1 ,. 's•. . r�'rY nc. 6-r
� y�+tl o fF, ��• a 4 LZ�1.� x )G .P.b _
�"' � .: �., ^'. ' t+, s r� 0 '� ` •{ i<Y y k` a`'p '`'�'c. j v�yL1.�4..
4Cr
T�Qy
, ,3 (t4 A�! .y. Y ,� .cTp�. .,.� ,' t. y?t3 r.o'gkL' 4.s� CJrs•
�'`i� �,4' �r;�.�L •' r�• Q*�1� .Ia ^�* is. ���'. .� a•t�.� net
Q .f. t ,`1 ✓ r , y K, `t'. S. 1;n -1 t � °i:.^T `mow
1 T Y ' �� � �+, �xr��-' s h 1�L fr $\l��•���G�2 wl��...... '_9iF��.
` e {► f � ^ C a.,.''.YK
00 A
fir" ,fie NOW
r
y til t { Woo
�y .7 �• y „�'a;Zse -sr... G.R f3.,%X i �':
�rtt •.R,-, ��•G„ -� Grp 4r�re ee � w ~l T0.
., .� h`, 1; r��=,y�` ,a•x•x.Lh,,,_,� ., y, ,"ms's ��S'nr
:tl ' y x V.: ��' � ' "`'P'�L o f J.-� z ��a •� �. �n'�Ce} "IA H%
1 v �. r a telt.' �tG. •3
-G ^� - � �" �, iJt.` � i�byu, /• �" s.. ter e
-
x .': Y',C9. c~ 'v '('i -i l t';�� ("d J"•ait 1C•. ._r S`d N�
.v.. . `>SI � : �! ry. _ ♦♦ r a r� !•�' tz 7,.4 r lA{. �i lAt v
1 ��J
K a
64
�.� f �ji !.>•'y Fw/, �hr R•
y]�$i;� u•;^toInj
?F� L L: 99y' �'etw �IY'J T4t.?a�'If(� �\F'•
e
w
k1�. �,' ��t��'��l'•.�r� }.f k Yh ip Kms,
�� •`t w ! V ff a�l-nuiv'YC t a S tl r �_a mf`�g
I.J44 �YY� 1 4'1ntC P41'T
'a i f; `�' .':. >•f.. �# Y r!>» £gy�pp\ 4 �!' f'�e{ '�.
>K �i1Lw,'�.y r;# .�,. 1 � A} '�'i � �Y. b�'`�11�{kivey�.,. `-'���3k,�� ,•�'
A
105
rt
in
rN x,70
a�� �r�� S , µ1 r ��'�. .11•
f a 4
hVf,t�'Y
l -ra
ia
i
' _�. tjVi�'at � w S'. , �' �P'e + l"1 I � k•♦L�1�� 'k t"`�j^}'!`
..` �.��{a':�� �1 r �'c? ^���•' T�YI,k 'y �, r r a+ kJE ��1,,i:r � ,f
VY?
' •�r'4
•i 4
1i. d � v � f��R�li }�"'��r'�a\ ��', ! � lu •.�rl���.
IVY
RAI
I � l�iFj��1R� ',Y •k+"r� + ,.�jf1��,hx AV a �r }7
w y& 1 1 - •A' J '%F .� 11¢* 4A2t40k
r,.a.J., `
A '
.� o.l+ >• r a+ I
n n . � 1/ fir.. I �x 4 �.� �✓�� +���'{:;q �^' '
r �' r�^'S;r.q 'Aa 1 1 �+ It}'.•f � a 1 �i6i�
From: shawn mcnabb
Sent: Tuesday, October 04, 20116:03:31 PM (UTC-08:00) Pacific Time (US &Canada) n'
To: Ashbaugh, John; Carter; Andrew; Smith, Kathy; Carpenter, Dan; Marx, Jan ! CITU /*a 2
Cc: Council, SloCity; slo.watchdogs(Eigmail.com
Subject: Appeal to deny your consent on Item C7 --The 300 Lawrence Drive Project
�i2N�tif
Subject: Upcoming meeting Issue C7 -- 300 Lawrence Drive
V
Hello Council Members, B Cc Ce u NC4 e CC �7
I am writing once again to hopefully convince you to DENY the final map approval for the 300
Lawrence Drive project (consent item C7) until all mitigation requirements have PHYSICALLY
been met. Further, I believe the modifications proposed by staff to the lot lines are significant
enough to trigger a review by the planning commission (as required by municipal code --
sorry, I can't at this time remember the exact section,just that it IS a part of the code I reviewed
at one time).
A few quick reasons and concerns:
First, the encroachment has not been adequately addressed and in fact, in the report (page 4
paragraph 4) it is suggested that the subdivider "removed the excess material from the open
space lot" and that it was a "minor amount of material". I can say for certain that this is NOT
true as evidenced by the picture below(of the material graded into the open space), and further
that if you were to simply visit the site now and walk the fence line you would find a significant
amount of material (rocks, bricks, dirt) still exist in the adjoining open space. That fence used to
be straight. It now has been pushed into the open space and all the fill is "excess" that has not
been removed!
https:Hi)icasaweb.i,00,,Ie.coin/lh/photo/oQ'I'ca 12DbCWs4QcldsKWFNMc'l'lrgwW3liKrcz�,l..w
RQo?feat=directlink
As for a net gain of 44 sq. ft., to put that in better perspective it amounts to about the size of a
small bathroom or area rug (6x8 is 48 sq. ft.). So basically it is almost physically immeasurable
given the total area of the site and thus really exists mostly on paper.
Second, as mentioned above, the lot line adjustment does not serve the neighbors below and only
allows the developer to use the space that was improperly graded in the first place (a case of
"better to beg forgiveness than as permission"?)
Third, the count of trees to be planted keeps decreasing (original count was in the 90's, now it is
65 and a "few" Toyons), and given the history of the site, I doubt the amount of surety to
guarantee the plantings is adequate to compel the developer to follow through. It is a foregone
conclusion that $1 OK is a drop in the bucket compared to the cost of planting, watering and labor
required for the next 3 years. I would bet the developer(though you are told otherwise)will look
at this as simply a cost of buying the property. Further, this only serves to open up another round
of negotiations in the future if they simply plant a few trees and call it done. Better to get them
to plant NOW while you can force the issue. AND get them to plant the correct number of
replacement trees (most of what Mr. Coss planted years ago have died and none were the
required 5 gallon size). Further, the currently spelled out "in lieu payment" has no time-frame
for planting! So in theory, given your acceptance of this plan, the developer can wait technically
for years (if not forever) to actually comply and you will have no deadline for claiming they
defaulted (and we do have some question as to whether the current intention is to default and
simply write off the $10,000 as a cost of getting the lots).
I have also included a link to some historical pictures to refresh your memory of some of what
happened. The destruction of the hillside was complete. Please do not allow this situation to
become even worse. I have no doubt that if this is approved, the next thing on your plate will be
requests for further concessions (bigger house sizes, more open space encroachment, etc.) for the
individual lots. And the reasoning will be that the developer/subdivider is unable to sell those
lots if they can't build large custom houses or any other number of reasons. The mitigation
requirement were carefully spelled out and ratified. They should not be changed now for any
reason.
Please.... At least require that the ORIGINAL set of mitigation requirements are fulfilled
(landscaping and trees) and other deficiencies addressed BEFORE the final map is
approved. Don't simply sign away another concession to this project. That is the whole point of
having the SIGNED and accepted agreement in the first place. Don't allow it to be watered
down any further. Especially as this would occur without the benefit or knowledge of the
general public (who currently believe that you will enforce the original agreement on their behalf
-- not change it behind their back).
litti)s://Picasaweb.,,)ooS',le.com/101 18893 63 70173 002771/LawrenceDrive Issues?autlluser=0&auth
kev=Gv1 sReCPTr-KeEm7GL5cE&feat=directlink
Finally,
I request that a copy of this email be included with the consent item and made part of the record
along with my strong objection to the final map being approved at this time.
Thank you,
Shawn McNabb
2438 Cumbre Ct. SLO
Page 1 of 1
O
kOctober 4,2011
Hand Delivered RED FILE
Cay of San Luis Obispo _ MEETING AGENDA
Honorable Mayor Jan Manx and all other City Council Members
990 Palm Street, DATE o / ITEM #
San Luis Obispo, CA 93401
Regarding: October 4,2011 SLO City Council Meeting(Item#C-7)and
Proposed Approval of the.Final Map and Acceptance of Subdivision Improvements for Tract
2990 (Formerly Tract 2723)300 Lawrence(TR 77-07)
Letter of October 3,2011 from Taylor&Syfan Consulting Engineers
Request for DENIAL of Final Map Approval
Dear Mayor Mark and City Council Members,
I respectfully request that you Deny the Final Map Approval of the 300 Lawrence Street Development at tonight's City
Council Meeting. Furthermore, I bring to your attention that the current developer has NOT completed the agreed upon
mitigation's as required for the development,complied with the Plan as Drawn and is seeking further unlawful
concessions.
One of the serious issues involving the 300 Lawrence Development includes a"Substandard"Concrete Block Wall
located between my property and the development The October 4,2011 report given to you by Mr.Jay D.Walter,
Director of Public Works would lead you to assume that the concrete block wall has only"minor'substandard problems
with it and that a$12,000.00 faithful performance surety should be accepted in exchange for the Final Map Approval.
First of all,the substandard problems with the concrete block wall are NOT MINOR.The City Council and City Staff have
previously been given copies of an engineering report about the Substandard Block.Wall prepared by the firm of Taylor&
Syfan Consulting Engineers dated October 12,2010.The original report dearly states that"serious"problems exist with
the Concrete Block Wall and a recommendation was given to remove and property rebuild the wall to code if if can not be
repaired.
If the wall is required to be tom down and rebuilt to code the proposed$12,000.00 surety is grossly under valued and
the builder may simply walk away from the surety and the concrete block wall will never be corrected and brought up to
code.
Attached to this letter please find a new October 3,2011 letter from Taylor&Syfan Consulting Engineers.The letter is
titled Response to Council Agenda Report for October 4,2011 Meeting. Please direct your attention to this"new"
letter from Taylor&Syfan Consulting Engineers regarding the current status of the substandard concrete block wall,
possible Corrections and the recommendation if the wall can not be repaired.The Taylor&Syfan October 3 rd Letter also
address continued flooding problems I am experiencing on my property due to the 300 Lawrence Street Development.
Once Again, I urge the San Luis Obispo City Council NOT to approve Final Map Approval"until"all the required
obligations by the developerare completed.
Respectfully,
Daniel L.Caldon he><d email•
2463 Ladera Court UNCILo coDDnE
San Luis Obispo, CA 93401 o Q�j •gYUGR o Fff MR
Tel. 805 541-9123 0 ,Wpd o FMCHff
ra ATTO"U a FW DM_
Fal
RECEIVE® 'D aP"" � rA
a o Ura.Dat
a NEWMa a HRDak
OCT 4 2011 a stcanrr>fiws oCouNaL
c crrymGR
oCUM
SLO CITY CLERK
Tuesday, October 04, 2011 AOL: HelloCentralSLO
Central Coast:
684 Clarion Court
San Luis Obispo,California 93401
(805)547.2000 (805)547-2001 fax
Greater Los Angeles:
• I 1276 E. Colorado Blvd,Suite 201
Pasadena,California 91106
(626)793.7438 (626)793.7439 fax
Structural Report Follow up Memo
Date: October 3, 2011
Owners: Dan and Linda Caldon
Engineer: Michelle M. Good, P.E.
Taylor & Syfan Consulting Engineers RECEIVED
Project: 2463 Ladera Court
San Luis Obispo, CA OCT 4 2011
T&S Job No.: 10408 SLO CITY CLERK
Subject: Response to Council Agenda Report for October 4, 2011 Meeting
At the request of the Caldons, we are preparing this letter in response to the comments in
the Council Agenda report for the October 4, 2011 meeting as to the status of the site wall
located at the rear of their property on Ladera Court. We have previously provided a report
and calculations with an evaluation of the structural integrity of the existing site wall. This
memo is to reinforce the homeowner's concerns with this existing wall as well as the
negative affect of runoff drainage to their existing home's foundation system and the
foundation system of an existing garden wall on their property.
In reference to the existing, cracked site wall, our office was recently presented with a
repair solution by Inland Pacific Builders that would alter the existing wall so that it meets
the design originally provided by Omni Design Group. We provided a crack repair detail to
accompany their proposed solution. The detail we provided references that continuous
horizontal reinforcement must be present in order for a repair to be possible as well as
adequate embedment of the foundation. Should that horizontal reinforcement be absent or
the embedment of the foundations be in unsuitable material, the resulting solution may not
be minor in nature and a wall replacement would become necessary. If that is the case the
$12,000.00 performance surety may not be adequate to cover a complete replacement,
dependent on how much of the wall would require replacement.
Additionally, the homeowners are expressing concern for their current foundation system on
the East side of their home as well as that of an existing garden wall on their property. The
Caldons current drainage system at the garden wall has been compromised in that a swale
they have placed to avoid water build up behind their garden wall is now above the lowest
adjacent grade between it and the new site wall. According to the homeowners, ponding
currently happens with any rainfall and saturation of the existing soils below the Caldon's
foundations for the garden wall is a possibility." Additionally, the Caldons have noticed more
runoff water on the East side of their property due to weep holes placed in the section of the
site wall of their neighbor to the East, whose yard is at a higher elevation than their yard.
Currently, there are no structural issues with the foundations or soils, but as the owners
have had trouble in the past with an inadequately embedded foundation system that they
Page 1, of 2
Structural Follow up Memo
Dan and Linda Caldon
2463 Ladera Court
San Luis Obispo, C4
Report Date: October 3, 2011
have gone to a great deal of expense to repair, they are concerned with any negative impact
from future water saturation below their home's foundation system. Grading and drainage
are outside of our office's area of expertise and we would recommend a civil engineer with
experience in grading and drainage review the current conditions and offer an assessment.
If you have any questions, comments, or need any further clarification, please do not
hesitate to contact our office.
Sincerely,
Michelle M. McCovey-Good, P.E.
Principal / COO
Page 2 of 2
Structural Follow up Memo