HomeMy WebLinkAbout08-07-2012 c5 approval final map tract2969,1310foothillcounci lacen Oa epoRt
CITY O F S A N LUIS O B I S P O
FROM :
Carrie Mattingly, Interim Director of Public Works
Prepared By :Hal Hannula, Supervising Civil Enginee r
Diane Dostalek, Engineering Consultan t
SUBJECT :APPROVAL OF THE FINAL MAP FOR TRACT 2969, 1310 FOOTHIL L
BOULEVARD (TR 200-07 )
RECOMMENDATIO N
Adopt a resolution approving the Final Map for Tract 2969, 1310 Foothill Boulevard, and authorizing
the Mayor to execute the Subdivision Agreement on behalf of the City.
DISCUSSIO N
Background
A tentative map for Tract 2969 (TR 200-07) located at 1310 Foothill Boulevard (Attachment 1 -
vicinity map) was approved by the City Council on September 16, 2008, by Resolution No . 1002 6
(Series 2008) (Attachment 2). The tentative map (Attachment 3) approved aone-lot condominium
tract map for the purposes of creating 16 residential units .
Affordable Housing Agreemen t
Condition #3 of Council Resolution No . 10026 (2008 Series) required the subdivider to record an
Affordable Housing Agreement for this project . In lieu of recording an Affordable Housin g
Agreement, the subdivider paid an affordable housing fee with the building permit to satisfy thi s
condition .
Approving the Final Ma p
The tentative map has an initial 2-year life per Municipal Code Section 16 .10 .150 . With the
automatic extensions granted by the State Legislature per Sections 66452 .21, 66452 .22, and
66452 .23 of the Subdivision Map Act, this vesting tentative map now has an expiration date o f
September 16, 2015 .
The final map is 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 previousl y
approved a tentative map for the proposed subdivision and if it finds that the final or parcel map i s
in substantial compliance with the previously approved tentative map ." All conditions related to th e
map have been met and/or guaranteed with appropriate sureties or agreements . The approval of a
final map by the City Council is considered a ministerial action .
Appropriate securities have been submitted to guarantee completion of the required subdivisio n
improvements . The resolution approving the final map (Attachment 4) also authorizes the Mayor t o
sign the Subdivision Agreement requiring the Subdivider to complete the subdivisio n
improvements .
Meeting DateAugust 7, 201 2
Item Number C 5
Approval of the Final Map for Tract 2969, 1310 Foothill (TR 200-07)Page 2
FISCAL IMPAC T
There is no significant financial impact to the City associated with approving the final map for
Tract 2969:
CONCURRENCE S
The Community Development Department concurs with the recommended action .
ALTERNATIVE
Deny approval of the final map .Denying approval of the final map, pursuant to Section 66473 o f
the Subdivision Map Act,can apply if findings are made that the requirements or conditions of th e
tentative map have not been met or performed. Because all of the conditions of the map will be met ,
or securities deposited prior to map recordation, Section 66474 .1 of the Subdivision Map Ac t
requires that Council approve the map . Therefore, denying approval of the final map is not a
possible alternative for the Council .
ATTACHMENT S
1.Vicinity Map
2.Resolution No . 10026 (Series 2008 )
3.Vesting Tentative Map
4.Draft Resolution Approving the Final Ma p
T :CCouncil Agenda Reports\2012\2012-08-07\Final Map Approval Tract 2969 (Mattingly-Hannula-Dostalek)\E-Council Agenda Report .docx
Attachment 2
RESOLUTION NO . 10026 (2008 Series)
A. RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCI L
APPROVING A 16 UNIT CONDOMINIUM PROJECT FOR 131 0
FOOTHILL BOULEVARD .A MITIGATED NEGATIVE . DECLARATIO N
OF ENVIRONMENTAL IMPACT, AND AMENDING THE LAND US E
ELEMENT MAP. FROM MEDIUM-HIGH DENSITY RESIDENTIAL (R-3 )
TO HIGH-DENSITY RESIDENTIAL(R-4) FOR PROPERTY .AT(108
THROUGH 190 CRANDALL AND .1304 THROUGH 1476 FOOTHILL ;
GP/RJTR/ER .200-0 7
WHEREAS, the Planning Commission conducted a public healing on August 13, 2008 ,
and recommended approval of the project ; and.
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street,San Luis Obispo, California, o n
September 16, 2008, pursuant to a proceeding instituted under application GP/It/TR/ER 200-07 ,
SLO Investments LLC,applicant ;and
WHEREAS, notices of said public hearing were made at the time and in the manne r
required by law ; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration o f
Environmental Impact as prepared by staff and reviewed by the Planning Commission ; and
WHEREAS,the City Council has duly considered all : evidence, including the testimon y
of the applicant, 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 .Environmental Determination .The City Council finds and determines tha t
the project's Mitigated Negative Declaration adequately addresses the potential significan t
environmental impacts of the proposed project entitlements' in accordance with the Californi a
Environmental Quality Act and . the City's Environmental Guidelines, and reflects the independen t
judgment of the Council . The Council . hereby adopts the;. Mitigated Negative Declaratio n
incorporating all of the mitigation measures listed below :
Mitigation Measur e
Temporary impacts from the project, including but not limited to excavation an d
construction activities,vehicle emissions from heavy duty equipment and naturally ,
occurring asbestos has the potential to create dust and emissions that exceed air quality
standards for temporary and intermediate periods unless the following mitigatio n
measures are incorporated :
a) Construction vehicle speed at the work site must be limited to fifteen (15 )
miles per how or less ;
R 10026
Attachment 2
Resolution No . 10026 (2008 Series).
Page. 2
b)Prior to any ground disturbance, sufficient water must be applied to the area t o
be disturbed to prevent visible emissions from crossing the property line ;
c)Areas to be graded or excavated must be kept adequately wetted to prevent
visible emissions from crossing the property line ;
d). Storage piles must be kept adequately wetted, treated with a chemical dus t
suppressant,. or covered when material is not being added to or removed fro m
the pile ;
e)Equipment must be washed down before moving from the property onto a
paved public road ; and
f)Visible track-out on the paved public road must be cleaned using wet
sweeping or a HEPA filter equipped vacuum device within twenty-four (24 )
hours .
Monitoring Program :Construction phase air quality mitigation measures are monitore d
by the Air Pollution Control District (APCD), through a complaint based enforcement '
system. The requirements listed above are noted on the project plans and the Cit y
Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of a probable violation . Members of the public can also call APC D
if they are concerned about dust or other emissions from a construction site .
SECTION 2 .General Plan Amendment Approval & Findings,The General Pla n
Amendment included as part of City Application No . GPA 200-07, which amends the Land Use
Element Map from Medium-High Density Residential . to High Density Residential for the .
properties located at 108 through 190 Crandall and 1304 through 1476 Foothill as shown on th
e attached Exhibit A, is hereby approved, based on the following findings:
Findings :
1.The proposed General Plan Amendment and Rezoning is consistent with General Pla n
Land Use and Housing Element policies to locate student housing projects and generall y
more affordable housing in close proximity to the campus .
2.The General Plan Amendment and Rezone from Medium-High Density Residential (R-3 )
to High-Density Residential (R-4) will allow for density required for the propose d
condominium project at 1310 Foothill and group housing project at 1468 Foothill, an d
will provide for more viable future redevelopment of other properties to be consisten t
with the above General Plan Policies and Land Use Element policy stating that housin g
likely to attract faculty or students should be encouraged to locate close to Cal Poly, t o
reduce commute travel .
3.The proposed General Plan Amendment and Rezone will not be detrimental to the health ,
safety and welfare of those living and working in the vicinity since it will not allo w
incompatible land uses . The area of the proposed GPIR and project site is alread y
adjacent to other High-Density Zoned properties and is bordered by the Cal Poly campus
to the north .
Attachment 2
Resolution No .10026 (2008 Series )
Page 3
SECTION 3 .General Plan Amendment Adoption .
1.The Land. Use Element Map is hereby amended as shown in Exhibit A .
2 The Community Development Director shall cause the change to be reflected i n
documents, which are on.display in City Hall and are available for public,viewing an d
use.
SECTION 4 .Tentative Tract Map Approval Findings and Conditions .The Tentativ e
Tract Map to. allow 16 condominium units at 1310 Foothill Boulevard, is hereby approved, based .
on the following findings, and subject to the following conditions :
Findings .
1 The design of the tentative tract map is consistent with the General Plan because the
proposed condominium subdivision respects existing site constraints, will incrementall y
add to the City's residential housing inventory, result. in condominium units that meet
density standards, and will be consistent with the density and development . limits
established by the High Density Residential District .
2.The site is physically suited for the proposed type of development allowed in -the R-4
zones since the :site is topographically suitable, surrounded by existing high densit y
residential development and close to parks, schools and transit services .
.
3.The design of the subdivision will not conflict with easements for access through (or:use
of property within) the proposed subdivision .
4.A Mitigated Negative ., Declaration was prepared by the Community Developmen t
Department on August 4, 2008 . The Planning Commission finds and determines that th e
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project .
Condition s
].The project shall require final review by the Architectural Review Commission (ARC )
which may require minor project amendments to allow the project to be consistent wit h
the Community Design Guidelines .
2 . A completed Green Building checklist shall be submitted prior to final review by th e
ARC. The California Build it Green or LEED checklist shall be utilized . A narrative shal l
be included to describe how the green building credits will be achieved .
Attachment 2
Resolution No . 10026 (2008 Series)
Page 4
3.An affordable housing agreement consistent with City policies, shall be submitted fo r
review and approval of the Community Development Director prior to . proceeding to the
City Council .
4.The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map ,
consistent with SLO Municipal Code Section 16 .40 .080 .
5.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnif y
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, se t
aside, void or annul, the approval by the City of this sub .division, and all actions relatin g
thereto, including but not limited to environmental review .
6.The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tre e
easement across the frontage of site . Said easements shall be adjacent to and contiguou s
with the public right-of; way lines .
7 .. Complete frontage improvements will be required as a condition of the tract map . Th e
improvements shall be constructed in accordance with the engineering standards in effect
at the time of encroachment permit issuance .
8.The proposed on-site . sewer main will be privately owned and maintained by th e
Homeowner's Association .
9.The building plans shall show and note compliance with Engineering Standard 1010 .E
for Storm Water Quality Management. This code requirement is applicable to new or
redeveloped sites where the total area of impervious surfaces is more than 10,000 squar e
feet. Water quality management is required for the runoff from uncovered parking space s
and driveway areas . Provide ealculations .showing impervious area .
10.The proposed access to Campus Way shall be in compliance with ADA standards . Access
should be obtained through the adjacent property to the east .
11.One 15-gallon street tree will be required 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 tre e
easement.
12.Tree removals may require approval by the City Arborist . The plan shall show all
existing and proposed street trees .
Attachment 2
Resolution No . 10026 (2008 Series )
Page 5
13 . The subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to b e
approved by the Community Development Director and the City Attorney prior to final ma p
approval . CC&R's shall contain the following provisions :
a.Creation of a homeowners' association to enforce the CC&R's 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' associatio n
fails to perform, and to assess the homeowners' association for expenses incurred, an d
the right of the city to inspect the site at mutually agreed times to assure conditions o f
CC&R's 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 storag e
of inoperable vehicles .
f.No outdoor storage by individual units except in .deignated storage areas .
g.No change in City-required provisions of the CC&R's without prior City Attorne y
approval ..
h.Homeowners' association shall file with the City Clerk the names and addresses of al l
officers of the homeowners' association within 15 days of any change in officers o f
the association .
i.Provision of appropriate "no parking" signs and red-curbing along interior roadway s
as required by the City Fire Department .
J• CC&R's shall not prohibit location of solar clothes drying facilities in private yard s
which are substantially screened from view .
Code Requirement s
The following code requirements are included for information purposes only . They serve to giv e
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 chec k
process.
Attachment 2
Resolution No . 10026 (2008 Series)
Page 6
1.The demolition of the . existing structures shall comply with all local, state, and federa l
requirements for the demolition of structures .
2.Public improvements required as a condition, code requirement, or mitigation measur e
should be shown on the building plans . Said improvements may be completed or a bon d
posted for their completion to allow for recordation of the map prior to the completing o f
all required and/or proposed improvements .
3.All boundary monuments, lot corners 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 use d
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 b e
submitted to the City Engineer .
4.The parcel map/final map preparation and monumentation shall be in accordance with th e
city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act .
On motion of Council.Member Settle, seconded
following roll call vote:
by' Vice Mayor Brown, and on th e
APPROVED AS TO FORM :
AYES ::.
Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayo r
Romero
NOES :
None
ABSENT: None
The foregoing resolution was passed and adopted this 16 th day"'Of September 2008 :
Mayor David F . Romero
Audrey Hoop
City Clerk
City Attorney
C5-A
Attachment 2
EXHIBIT A.
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VESTING TENTATIVE MAP
TRACT 2969
FOR CONDOMINIUM PURPOSE S
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Attachment 4
RESOLUTION NO .
(2012 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING THE FINAL MAP FOR TRACT NO . 296 9
(1310 FOOTHILL BOULEVARD, TR 200-07 )
WHEREAS,the City Council made certain findings concerning the vesting tentativ e
map for Tract 2969,as prescribed in Resolution No . 10026 (Series 2008); and
WHEREAS,the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements a s
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 . 10026 (Series 2008) hav e
been met prior to final recordation of the map .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
SECTION 1 .The final map for Tract No . 2969, as shown on the attached Exhibit "A", i s
found to be in substantial compliance with the tentative map .
SECTION 2 . The Subdivision Agreement for Tract No . 2969 as shown on the attache d
Exhibit "B "is hereby approved .
SECTION 3 . Approval of the final map for Tract 2969 is hereby granted .
SECTION 4 .The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution .
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
R
Cb-12 .
Resolution No .
(2012 Series)
Attachment 4
Page 2
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Marx
ATTEST :
Sheryll Schroede r
Interim City Clerk
APPROVED AS TO FORM :
J . Christine Dietrick_
J . Christine Dietric k
City Attorney
C5-13
•OWNER'S STATEMENT
WE. THE UNDERSIGNED. HEREBY STATE THAT WE ARE ALL 'THE OWNERS OF,AND ALL
RECORDHOLDERS OF SECURITY INTEREST IN, AND THE ONLY PARTIES HAVING ANY
RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WGTIAN THE SUBDIVISION ANDPROJECT SHOWN ON THIS MAP,AND THAT WE DO HEREBY CONSENT TO THE HUNGAND/OR RECORDATION OF THIS MAP.
'THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBU C
PURPOSES:
1.5£HEREBY DEDICATE TO THE PUBUC FOR PUBLIC USE AND THE BENEFIT OF SEVERA L- PUBI:IC UTILITY COMPANIES WHICH ARE AUTHORIZED TO SERVE IN SAID SUBDIVISION.EASEMENTS FOR PUBLIC UTILITY• PURPOSES DEUNEATED ON SAID MAP AS 'PUBLI CUTILITY EASEMENT*''CR .P.U.E .E
2.WE ALSO HEREBY DEDICATE TO THE PUBUC AN EASEMENT FOR TREE PLANTIN GPURPOSESANDAN EASEMENT FOR PEDESTRIAN PURPOSES SO DELINEATED ON SAID MAPAND AU. USES INCIDENT THERETO.
WE HEREBY RESERVE TO OURSELVES.OUR HEIRS,AND ASSIGNS A BLANKET PRIVATERECIPROCALACCFYSAND PARKING EASEMENT .PRIVATE SEWER, PRIVATE WATER. ANDPRIVATEDRAINAGEEASEMENTOVERLOT1,EXCEPT UNDER THE BUILDINGS, FOR THE USEAND BENEFIT OF THE PRESENT OR FUTURE OWNERS 'CF THE LOTS AFFECTED BY SUCHEASEMENTS. AS DELINEATED ON SAID MAP .
JAN—PAC EEC. A CALIFORNIA LIMITED UABILITY COMPAN Y
BY:
SIGNATURE
BN PRINTED NAME'& TITL E
ACKNOWLEDGMEN T
STATE OF CALIFORNIA S .S.COUNTY OF
ON,, 2012, BEFORE MEANOTARY PUBLIC.PERSONALLY APPEARED , WHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO SE THE PERSONS) WHOS E
NAMES) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TOME THA TNE/SHE/THEY EXECUTED 'THE SAME IN HIS/HER/THEIR CAPACITY(IES). AND THAT BY
HIS/HER/THEIR SIGNAIURE(S) ON THE INSTRUMENT THE PERSDN(S). OR THE ENTITY UPON
CI
REPORTS
..THE FOLLOWING REPORTS WERE PREPARED FOR THIS PROJECT_
'C•'SOILS ENGINEERING REPORT '— BY GEOSOLUTIONS, NC ., PREPARED FO R
AURIGNAC AND ASSOCIATES,ON JULY 27, 2008. PROJECT NO. SL06532-1 .
IE
2
s T
~Joe NUMeF1t 07153
g F~ NORTH LEAST ENGINEERING NC . eeppldhl o 201 2
o
CITY CLERK'S STATEMENT
SNERAI, SCHROEDER.CLERK OF THE CITY OF SAN LUIS 0E15E0, REMEDY CERTIFY THAT
THE COUNCIL OF 1HE• AFORESAID CITY DID. ON THE DAY OF 9012
APPROVE THE MAP OF TRACT 2969 SHOWN HEREON IN ACCORDANCE WITH TH E
PROVISIONS OF.THE SUBDNASION MAP ACT AND AGREE TO . ACCEPT ON BEHALF OF THE
PUBLIC THE EASEMENTS FOR PUBLIC UTILITIES, PEDESTRIAN .AND TREE PLANTING
PURPOSES SHOWN ON SAID MAP . UPON COMPLETION OF THE IMPROVEMENTS TO TH E
SATISFACTION OF THE CITY.
SHERYLL SCHROEDER DATEINTERIM CITY CLERK.FAD'„C£.ESN...W..IS..O@I,S.E.Q,_.S.TATE OF CALIFORNIA
CITY ENGINEER'S STATEMEN T
L DIANE DOSTALEK . ACTING ON BEHALF. OF THE CITY ENGINEER OE THE CITY OF SANLUIS OBISPQ AS ALLOWED UNDER SECTION 85415.5(C) OF THE SUBDIVISION MAP ACT.DO HEREBY STATE THAT I HAVE EXAMINED THIS MAP. THAT TEE SUBDIVISION .SHOIINHEREONISSUBSTANTIALLYTHESAME AS IT APPEARED ON THE TENTATIVE MAP AN D
ANY APPROVED ALTERATIONS THEREOF. AND THAT ALL THE PROVISIONS OF TH E
SUBDIVISION MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH AND I A MSATISFIED THIS MAP IS TECHNICALLY CORREC T
DIANE DOSTALEKENGINEERING CONSULTAN TLS.8579 (EXP.12/31/13)
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
FIELD SURVEY IN CONFORMANCE PATH THE REQUIREMENTS OF THE SUBDIVISION MA P
ACT AND LOCAL ORDINANCE AT THE REQUEST CF EEO INVESTMENTS IN NOVEMBER OF2009.I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THEAPPROVED OR CONDIBONALLY.. APPROVED TENTATIVE MAP. IF ANY. I .ALSO STATE THATALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED.THE MONUMENTS SHOWN HEREON ARE SUFFICIENT TO ENABLE THE SURVEY TO B E
RETRACED.--.
JOHN R. SANDERS L.S. 5812 DAT E
EXP.6/30/1 4
RECORDER'S STATEMEN T
FILED THIS DAY OF . 2012,IN BOOK„-,_--,
OF MAPS AT PAGES ,.AT THE REQUEST OF JOHN R.SANDERS.
DOCUMENT NO.
FEE:
JULIE L RODEWALD
OEPL)YTTRatTIDEW
R__
COUNTY RECORDER
RECORDER'S DISCLAIMER
THE TABULATION, LISTING AND NUMBERING OE' ANY SEPARATE DOCUMENTS AUTRDRIZE D
TO BE RECORDED CONCURRENTLY WITH THIS MAP HAVE BEEN PROVIDED BY THE .SURDMDER OR BY THE LOCAL AGENCY APPROVING THE MAP . THE COUNTY RECORDERMAKES HO REPRESENTATIONS REGARDING THE ACCURACY OFNNE TABULATION . USTIN GAND NUMBERING OF ANY SEPARATE DOCUMENTS REFERRED TO ON THE MAP .
NOTE THE FbLLOWING .DOCUNENTS AFFECTING .THE PROPERTY DENOTED. HEREON ARE BEING RECORDED CONCURRENTLY HEREWITH :
1.A DECLARATION OF COVENANTS . CONDITIONS
AND RESTRICTIONS PER OOC. NO.
2.CONDOMINIUM PERM PER DOG NO.
TRACT 2969
FOR CONDOMINIUM PURPOSE S
IN THE CITY OF SAN LUIS OBISPO ; COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA
BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF LOT 9 1
OF THE RESUBDIVISION'OF LOTS 1,2,3,4,5.6,7,8,20,21 AND A
PART OF LOT 19 OF CALIFORNIA PARK,ACCORDING TO THE MAP
RECORDED MARCH 7.1929 IN 800K 3 OF MAPS,'AT PAGE 11 7
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BEHALF OF VATICH THE FERSOH(S).ACTED . EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNI ATHAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT .
NOTARY SIGNATURE`'..~NAME PRINTED
COUNTY OF ,CA.NOTARY EXPIRES NOTARY COMMISSION NUMBER
DATE :
VICINITY MA P
NO SCALE
NORTH COAST EKCINERRINO INC.fAWE725C,.,,Nn RE Sbtte & Fos R.N3 IJA-3I27F
DATE:APRIL26,261E SHEET10F 4
FIRST AMERICAN TITLE:4001—3165OB7
TRUSTEE'S STATEMEN T
FIRST AMERICAN 1111E INSURANCE COMPANY, TRUSTEE UNDER A DEED OF TRUSTRECORDED JUNE 27. 2011 AS INSTRUMENT NO . 2011–030118 OF OFFICIAL RECORDS.
4
an
Br.-._PRINTED NAME TITLE
ACKNOWLEDGMEN T
STATE OF CALIFORNIA '
COUNTY OF S.S.)))
:ON , 2012, BEFORE ME , WHOA NOTARY PUBUC, PERSONALLY APPEARED
PROVED T0. ME ON THE BASIS OF SATISFACTORY EVIDENCE TO 8E ,THE PERSONS) WHOS E
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THA THE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT B Y
HIS/HER/THOR SIGNATURES) ON THE INSTRUMENT THE PERSON(S),.OR THE ENTITY UPON
DENNY OF .'ANIOH'THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
t CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNI ATHAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
NOTARY SGNAIURE NAME PRINTED
COUNTY OF NOTARY EXPIRES NOTARY COMMISSON NUMBE R
9 ^^t
JOB NUMBER: DTI=O'I-Nctto COAST aUE1ISR'I1G INC . Capyl t C, 2012
TRACT 296 9
FOR CONDOMINIUM PURPOSE S
IN .THE CITY OF-SAN LUIS OBISPO,'COUNTY .
OF SAN LUIS OBISPO, STATE OF CALIFORNI A'.BEING,-A SUBDIVISION FOR CONDOMINIUM 'PURPOSES OF LOT 91.
OF THE RESUBD1VISION OF LOTS'1,2,3,4,5,6,7,8,20,21 AND.A .
PART OF LOT .19 OF CALIFORNIA 'PARK,ACCORDING TO THE MA P
RECORDED -MARCH 7, 1929• IN BOOK 3 OF MAPS, AT PAGE 117 -
., IN OFFICE OF-THE COUNTY RECORDER OF SAID COUNTY.
W
r
'NORTH COAST RNCZNEERIN ; INC.
.723 trulm Rd' Mara Pa.. geptes~237 .3127
sr$6f2OP 4
33.
MIN PH DI GAMETE Kt MENIERSECTIM, NAPER SLOB. 71EIA 800K141, PAGE 30 3r R 40.~1.0HLRIZO 144.COMM PENT
NORlIe1 21040U.1A7
FOUND MONUMENTS AS NOTED
FOUND STANDARD CITY HELLMONUMENT AS NOTE D
0 SET .1 1/2"IRON PIPE M1H CAP
"LS 5812"UNLESS OTHERWISE NOTED
.SET LEAD A TAG 'LS 58)2'.
BEARING DEARING INTERSECTIO N
CALCULATE D
INTERSECTION
MEASURED
ROTATION PRORATION
SINGLE PROPORTIO N
TREE PLANTING EASEMEN T
REFERENCES
1N- THE CITY OF SAN LUIS OBISPO, COUNT YOF SAN LUIS OBISPO ; STATE OF
. CALIFORNI A
BEING A SUBDIVISION, FOR CONDOMINIUM PURPOSES OFLOT 91 OF THE RESUBDFNSION OF LOTS1,2,3,4,5.6.7.0.20,21 AND A PART OF LOT 19 OF .
CAUFORNIA PARK, ACCORDING TO 7)48 MAP' RECORDE DMARCH7,1929 IN BOOK 3 OF MAPS, AT PAGE 117 I NTHE OFFICE OF 1HE COUNTY-RECORDER OF SAI DCOUNTY.
+IWI NO302W COAST ENGINEERING 1110.
72S *mien Rd 25)..A O. NW,A,.2.79—3I27
i
0 10' 20'40'
SCALE: 1 '=20'
/IMAM AIPER R .
RESET f1' FIgN PPEI-NTH xtL 1S 6812
SOILS REPORT
GEOSOUJ1IONS INC ..
220 HIGH STREET
SAN LUIS OBISPO, CA 93401(805)543—8539PROJECT: SL06532—TJULY 27. 200B
L i'l 0 T 9 0 .
3/MB/I17'
THE .BASIS OF BEARINGS FOR THIS SURVEY I SBETWEEN FOUND MONUMENTS ALONG THE NORTH UN E
OF LOT 91 HAVING A BEARING OF N.8518'00'E PERR.
BASIS OF BEARINGS
5W5101' PRIVATE RECIPROCAL ACYSS AND PARA= FASRNE s5PRIVATESERER.PRIVATE WATER .PRIVATE ORA17AGE AND P118UCURU1Y EA55T4 1E OHM 007 1, EXCEPT IRIDM 7110043011130
FOND 'LW IRON PIPE
.19 3077'PER R2
i01S10 NAA.ATAOIN CONCRE15ORMWAYPER112
2323/OR/580 250910R/53B
N 2314'W 306.2' R J ,
N 2329'01'W 306.23_M
z Jf
'I
51
e<vr
mjRw
.25'
t TRACT 2969
'FOR CONDOMINIUM PURPOSE S
R 3/M8/117 (1929)
R7 •7/PM/I9 .(1072)
R2 54/RS158 (1987)
R3 CITY OF S.L.O. FIELD BOOK 208,PAGES 24-25 (1987 )
R4 82/RS/78 (2002)
RS 5/145/73 (1950).
R8 Cr1Y OF SAN LUIS OBISP0HORIZONTAL CONTROL NETWORK(JANUARY 2007)
147 8/CR/157
.106 NUMBER:01133
NORTH COAST 81011001100 INC, pepyr6hl a 201
X23`.4'14 R
_N2329'01'W 327.51'M
CRANDALL WAY
FOUND
111000010)2_BASE PER RS \
FOUNH MCKIE AT TICERm6MCC FOOTHILL tCARPFN1EH PER R7SLO HORIZONTAL CONTROL POINT TpN0R1HIN0 23044SS024.0)5194SE7672E2141 '(SEE SHEET 4)SHEETSOF4
R-488.10')"
0=0€71 '29"'M1.=12.99'
R.433JD'
040171'30_7RtL.12.90'9=460 .10•0401'J1'34' R5 CALL1413 CO'
I%v^\
II ,J\I/LOT 1 ~~
N 2317'59 W
1,!0.46•r
b IIE0CRD HELD /DR EAST UIE OF /sr'
.
.10791C1AY.
BAR
~/
DETAILA
NO SCALE '
_„_...•~,-~••••••~N1ERSE Of KENTUCKY AMM'AY
FTAIND
.X51.0 HORIZONTAL 141.
POINT 45040AsR4
NORLNNC4.2504911.107EASRN0.57571RS493 5
TRACT 2969_.,
:FOR CONDOMtNEUM PURPOSE S
IN THE .CITY OF SAN LUIS OBISPO, COUNT Y
OF SAN LUIS : OBISPO. STATE O F
CALIFORNIA
BEING A SUBDIVISION FOR CONDOMINIUM' PURPOSES O F
LOT 91 OF THE RESUBDIVISION OF LOTS
1,2,3.4,5,8,7,8,20,21 AND A PART OF LOT 19 OF
CALIFORNIA- PARK, ACCORDING TO THE MAP RECORDED
MARCH 7, 1929 .11 BOOK:3 OF MAPS, AT PAGE 117 I N
THE OFFICE OF THE' COUNTY RECORDER OF SAI D
COUNTY
. NORTH COAST ENGINEERING INC .
725 O ISS 50 Rlb-1 Faro ROOF 2J9-3127
9HE8T409 4
J M ATO PIN oo CONCRETE A7 1NENTEN3ECROR OF FOOINRL RCAAPOCIER PER R 7S1.O HORIZONTAL OLHLRSL .PO4T 18001 .NORTI .4O.2304450 .020 .OASONO.5767252.143
BASIS OF BEARINGS
/THE BASIS OF BEARINGS FOR 791$ SURVEY IS R5
JOEL NUMBER 07133NORTH COAST £0019051100 INC.aa2Yl5h102012
R4
BETWEEN FOUND MONUMENTS ALONG THE, NORTH UNE R6
OF LOT 91 HAVING A BEARING OF N 65'18 '00"E PER
R.
REFERENCES
R
RI
R2
R3
3/MB/117 (1929)
7/PM/70 {1972)
54/85/58 (1987).
CITY OF &LO:FIELD BOOK 208,
PAGES 24-25,(1957)
82/RS/75 (2002)
5/85/73 (1950)
CITY OF SAN LUIS OBISPO ,
HORIZONTAL CCNIROL NETWORK
(JANUARY 2007)
R7 8/CR/157
N -R•}g'Si•E 7494j :M....:
N 75'5x10•~...?
w PEI
-t~
....
LEGEND
•FOUND MONUMENTS AS NOTED
FOUND STANDARD CITY WELL'
MONUMENT AS NOTED
0 SET 1 1/2'IRON PIPEWI1N CAP
5812 UNLESS OTHERWISE NOTED
•SET LEAD Az TAO RS 5812•
BB BEARING BEARING INTERSECTIO N
CALC CALCULATE D
INTX INTERSECTION
M MEASURED
RP ROTATION PRORATIO N
SP SINGLE PROPORTIO N
TREE PLANTING EASEMENT
0 10'20 '..40'
SCALE T"m20'
m .
X
Exhibit B
SUBDIVISION AGREEMEN T
THIS AGREEMENT is dated this day of 201 by an d
between JAN-PAC LLC, a California limited liability company, herein referred to a s
"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 rea l
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 2969, City of San Luis Obispo ,
California,as approved by the City Council on the day of , 20 1
The Subdivider desires that said Tract No . 2969 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 1 6
of the San Luis Obispo Municipal Code), an d
It is a condition of said regulations that the Subdivider agree to install th e
improvements as set forth on the plans therefore .
TERMS AND CONDITIONS :
In consideration of the foregoing, the Subdivider does hereby agree to construc t
and install the following subdivision improvements in accordance with said subdivisio n
regulations, and in accordance with approved plans and specifications on file in the offic e
of the City Engineer, City of San Luis Obispo, to wit :
1 CURB, GUTTERS AND SIDEWALK S
2 .STREET AND ON-SITE BASE AND SURFACIN G
WATER SERVICES and SEWER MAINS, including sewer laterals to the propert y
line and water services to the curb stop .
LANDSCAPING
1
C5-18
Exhibit B
DRAINAGE STRUCTURE S
6.ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION : In addition to th e
inspection and approval of such facilities by the City, each public utility shall b e
required to file a letter stating that the developer has properly installed all facilities t o
be provided by him, and that the said utility is prepared to provide service t o
residents upon request .
7.ANY & ALL OTHER IMPROVEMENTS shown on plans or required by projec t
approvals .
All of the above facilities shall be installed in the locations designated and to the plans an d
specifications on file and approved by said City .
The lines and grades for all of said improvements shall be established by th e
Subdivider in accordance with said approved plans and specifications .
The Subdivider agrees that the work of installing the above improvements shal l
begin within thirty (30) days from the date of recording of the final map, and that the wor k
shall be completed within twelve (12) months of said recording date, unless an extensio n
has been granted by the City, provided that if completion of said work is delayed by acts o f
God or labor disputes resulting in strike action, the Subdivider shall have an additiona l
period of time equivalent to such period of delay in which to complete such work . An y
extension of time hereunder shall not operate to release the surety on the Improvemen t
Security filed pursuant to this agreement . In this connection, the surety waives th e
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 dat e
of the agreement until completion and acceptance of all subdivision improvements unles s
specifically approved by the City .
2
C5-19
Exhibit B
The Subdivider does also agree to comply with the conditions established by th e
Planning Commission and/or the City Council and has paid the necessary fees a s
indicated on the attached Exhibits 1 and 2 .
The restoration of lost section corners and retracement of section lines within th e
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq ., of th e
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of th e
State of California .
The Subdivider attaches hereto, as an integral part hereof, and as security for th e
performance of this agreement, an instrument of credit or bond approved by and in favo r
of the City of San Luis Obispo, and conditional upon the faithful performance of thi s
agreement . Said instrument of credit or bond is in the amount of $196,000 which is th e
amount of the estimated cost of said improvements that remain to be completed from th e
original $675,700 of required improvements . Per Sec. 66499 .7(d) of the Governmen t
Code of the State of California, a reduction in the performance security, is not, and shal l
not be deemed to be, an acceptance by the City of the completed improvements, and th e
risk of loss or damage to the improvements and the obligation to maintain th e
improvements shall remain the sole responsibility of the subdivider until all required publi c
improvements have been accepted by the local agency and all other require d
improvements have been fully completed in accordance with the plans and specification s
for the improvements .
Subdivider agrees to remedy any defects in the improvements arising from fault y
workmanship or materials or defective construction of said improvements occurring withi n
twelve (12) months after acceptance thereof . In accordance with Sections 66499 .7 and
3
C5-20
Exhibit B
66499 .9 of the Government Code of the State of California, upon final completion an d
acceptance of the work, City will retain a security in the amount of $68,000,which is 10 %
of the total estimated cost of subdivision improvements . That amount being deemed
sufficient to guarantee faithful performance by the Subdivider of his obligation to remed y
any defects in the improvements arising within a period of one year following th e
completion and acceptance thereof .
Completion of the work shall be deemed to have occurred on the date which th e
City Council shall, by resolution duly passed and adopted, accept said improvement s
according to said plans and specifications, and any approved modifications thereto .
Neither periodic nor progress inspections or approvals shall bind the City to accept sai d
improvements or waive any defects in the same or any breach of this agreement .
"AS-BUILT" record drawings are to be submitted within four weeks of completion o f
construction and prior to City acceptance of the public improvements .
If the Subdivider fails to complete the work within the prescribed time, th e
Subdivider agrees that City may, at its option, declare the instrument of credit or bon d
which has been posted by Subdivider to guarantee faithful performance, forfeited an d
utilize the proceeds to complete said improvements, or city may complete sai d
improvements and recover the full cost and expense thereof from the Subdivider or hi s
surety .
The Subdivider has deposited with the City a labor and materials surety in th e
amount of 50% of the remaining above described subdivision improvements ($98,000)i n
accordance with State law .
C5-21
Exhibit B
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans an d
specifications on file with said City as a part of said Subdivision Map, and all othe r
documents filed with the City by the Subdivider and approved by the City are hereb y
referred to for further particulars in interpreting and defining the obligations of th e
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 an y
claim, action or proceeding against the City and/or its agents, officers or employees t o
attack, set aside, void or annul, the approval by the City of this subdivision, and all action s
relating thereto, including but not limited to environmental review ("Indemnified Claims").
The City shall promptly notify the subdivider of any Indemnified Claim upon bein g
presented with the Indemnified Claim and City shall fully cooperate in the defense agains t
an Indemnified Claim .
It is understood and agreed by and between the Subdivider and the City hereto tha t
this agreement shall bind the heirs, executors, administrators, successors and assigns o f
the respective Parties to this agreement .
It is agreed that the Subdivider will furnish copies of the successful bidder's contrac t
unit prices and total bid prices for all of the improvements herein referred to .
5
C5-22
IN WITNESS WHEREOF, this agreement has been executed by :
CITY OF SAN LUIS OBISPO SUBDIVIDE R
JAN-PAC LLC ,
a California limited liability compan y
MAYOR Jan Marx
Signature
Print Name and Titl e
ATTEST :
INTERIM CITY CLERK Sheryll Schroede r
APPROVED AS TO FORM :
CITY ATTORNEY J . Christine Dietrick
C5-23
Exhibit B
EXHIBIT1
TRACT 296 9
SUBDIVISION AGREEMENT
Park-in-lieu fees and affordable housing fees have been paid, as listed in the attache d
EXHIBIT 2 .
2.Water and sewer impact fees were paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
3.Transportation impact fees were paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
4.The subdivider shall comply with all requirements of Council Resolution No . 10026 (200 8
Series) approving the tentative map .
7
C5-24
Exhibit B
EXHIBIT2
TRACT 2969 - FEE AND BOND LIS T
Amount
Form
Date Receive d
Bonds and Guarantees:
Total Faithful Performance $196,000 xxx xxx x
Labor & Materials (50% of total cost o f
improvements
$98,000 xxx xxx x
Fees:
Map Check Fee $4,428 Check 3/24/0 9
Plan Check Fee To be collecte d
with building
permit
Public Improvement Inspection Fee $2,318 Check or Charge 8/13/0 9
Park In-Lieu Fee'$12,873 Check 7/20/1 2
Affordable Housing Requirements $30,736 .20 Paid with building permit
Water Impact Fee l Paid with building permit
Wastewater Impact Fee'Paid with building permit
Transportation Impact Fee'Paid with building permit
8 C5-2 5
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blank .