HomeMy WebLinkAbout03/01/1988, C-3 - FINAL MAP APPROVAL FOR TRACT 1264 (UNIT II), A 32-UNIT CONDOMINIUM PROJECT AT TANK FARM ROAD AND MORNING GLORY WAY (SUMMERHILLS ASSOCIATES, SUBDIVIDER) IIIry�IRlll�llllln�lA�lllll � MEETING DATE:
Cl o san suis oBispo March 1 1988
EftZe COUNCIL AGENDA REPORT ITE MBEy}
FROM: 00,
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David F. Romero W.4Wayne A. Peterson Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil Engineer
SUBJECT:
Final Map Approval for Tract 1264 (Unit II), a 32-Unit Condominium Project
at Tank Farm Road and Morning Glory Way (Summerhills Associates,
Subdivider)
CAO RECOMMENDATION:
Adopt Resolution Approving Final Map for Tract 1264 (Unit II)
DISCUSSION:
This tract is the second of 3 units of Tract 1264. This unit consists of 32
residential condominiums on a common lot. Bonds have been posted to guarantee
completion of the subdivision improvements under a standard subdivision
agreement. All fees have been paid. Park dedication requirement was met by
dedication of the park under Tract 1235.
The Public Works Department has reviewed the final map and conditions set forth
per Resolution No. 5967 (1986 Series) have been met and/or bonded for.
ALTERNATIVES:
Option 1 : Adopt resolution approving final map for Tract 1264 - Unit II.
Option 2: Deny approval of the final map for Tract 1264 - Unit II if the
Council finds that any conditions have not been satisfactorily met.
CONCURRENCES:
Public Works Department recommends approval of final map. The Community
Development Director and City Attorney concur with the recommendation. No
department has expressed opposition.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
Subdivider would not be able to sell units. Subdivision improvements are under
construction but buildings are not yet under construction.
ACTION RECOMMENDED:
Adopt resolution approving final map for Tract 1264 - Unit II.
Attachments:
1 - Draft Resolution
2 - Map
3 - Checklist
4 - Agreement
5 - Resolution No. 5967 (1986 Series)
6 - Bond and Fee List
7 - Bonds
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RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1264 (UNIT II)
(SUMMER HILLS ASSOCIATES, SUBDIVIDER)
WEREAS, .the City Council made certain findings concerning Tract 1264, as
contained in Resolution No. 5967 (1986 Series), and
WEREAS, all conditions required of Unit II per Resolution No. 5967 (1986
Series) have been met or bonded for,
NOV THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1264, Unit II.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1988.
MAYOR
ATTEST:
CITY CLERK
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FINAL MAP APPROVAL CHECKLIST
PROJECTNAME Summerhills / Santa Lucia Hills / French
DESCRIPTION A 32-unit condominium at Tank Farm Road 6 Morning Glory Way
Tract 1264
MAP NUMBER Unit II SPECIFIC PLAN Edna-Islay REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
9 DESCRIPTION IN rMo AL DATEJ COMMENTS
1 GRADING Including planting&retaining walla
2 STORM DRAINS&DRAINAGE STRUCTURES k k
3 SEWERS&SERVICES
4 WATERLINES&SERVICES �t
5 FIRE HYDRANTS d c Ii
5 CONCRETE 2
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer)
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION
13 STREET TREES
14 OFFSITE WORK
15 BONDIGUARANTEE deposited
18 PARK dedication
17
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission
20 Architectural Review Commission y
21 City Council a
22 Abandonments
23 1 Other
ATTACH LIST OF CONDITIONS&SUBDIVISION AGR REMENT COMMUNITY DEVELOPMENT APPROVAL
5241 PUBLIC SERVICES APPROVAL
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STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and
between SUMMERHILL ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP , herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State
of California, a description of which is shown on final map of Tract 1264
- Unit II, City of San Luis Obispo, California, as approved by the City
Council, on the day of 19_
The Subdivider desires that said Tract 1264 - Unit II be accepted and
approved as a final map pursuant to the Subdivision Regulations of the
City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code),
and
It is a condition of said regulations that the Subdivider agree to
install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision regulations, and in accordance with
approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
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1 . CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
The lines and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifidations.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
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Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and/or the City Council, and has posted
the necessary fees:
1 . The Subdivider has deposited a monumentation cash guarantee of $600.00 to
cover the installation of survey monuments in accordance with the approved
map and payment for same. Said deposit will be released to the Subdivider
upon receipt by the City of a letter from the Engineer indicating they have
completed the work and have been paid.
2. The Subdivider shall complete on-site improvements per Items 3 thru 8 of
Resolution No. 5967 (1986 Series).
3. Park-in-lieu fees are not required since this is a part of Tract 1235 -
which dedicated a park per Condition 7 of Resolution No. 5968
(1986 Series).
4. Subdivider shall provide for payment of $750.00 to the City through escrow
for each dwelling unit as a park development fee-. These payments are
payable prior to occupancy releases or property transfers in lieu of filing
liens as prescribed in Condition 14 of Resolution No. 5968 (1986 Series).
Terms and conditions of escrow to be in a form and content satisfactory to
the City Attorney.
5. Fees for water acreage, sewer lift station, and a deposit for transit
system street furniture were paid with Tract 1235 - Unit II of which this
is a part. Therefore additional fees for these items are not required.
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
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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 $43,000.00, which is the
amount of the estimated cost of said improvements. Subdivider agrees to
remedy any defects in the improvements arising from faulty workmanship or
materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections
66499.7 and 66499.9 of the Government Code of the State of California,
upon final completion and acceptance of the work, City will release all
but 10% of the improvement security, that amount being deemed sufficient
to guarantee faithful performance by the Subdivider of his obligation to
remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. 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
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complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law (50% of $43,000 = $21 ,500).
Said Subdivider has deposited with the City the sum of $33,000.00 from
which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and
certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of
$33,000.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
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.
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.
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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
SUMMERHILL ASSOCIATES
MAYOR A California Limited Partnership
by Santa Lucia Hills
A California General Partnership
as General Partner
ATTEST:
CITY CLERK e
John nch, General Partner
Approved as to form:
Charl E. French
General Partner
City Atto ey
/ City Engineer
1264-II
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RESOLUTION NO. 5967 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1264
LOCATED AT 4100 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. —Findings. That this council, after consideration of the tentative map of
Tract 1264 and the Planning Commission's recommendations, staff recommendations and
reports there6n, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna-Islay.
2. The site is physically suited for the type and density of development allowed in a
R-2-SP and C/OS-40-SP zones.
3. The design of the subdivision and the proposed improvements are not likely to cause ,I
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that Section 65457 of the
Government Code exempts residential projects in specific plan areas from
environmental review.
Section 2. Conditions. That the approval of the tentative map for Tract 1264 be
subject to the following conditions:
1. The subdivider shall establish covenants, conditions, and restrictions for the
regulation of land use control of nuisances and architectural control of all
buildings and facilities. These CC&R's shall be approved by the Community
Development Director and City Attorney and administered by Willowbrook homeowner's
association.
2. The subdivider shall include the following provisions in the CC&R's for the Tract:
a. Enforcement of the CC&R's and professional perpetual maintenance of all common
areas, including the detention basin.
b. Professional perpetual maintenance of all public rights-of-way adjacent to the
tract excepting Tank Farm Road (the City shall pay the cost of water for
landscape irrigation within--the Tank Farm Road right-of-way) .
C. No parking on the site except in approved designated spaces.
R 5967 C. 3_ lJ
J
Resolution No.5967 (1986 Series)
Tract 1264
Page 2
d. Grant to the City of San Luis Obispo the right to order vehicles parked in
unauthorized places to be towed away on a complaint basis.
e. No outside storage of boats, campers, motorhomes, and trailers, nor long-term
storage of inoperable vehicles.
f. No outside storage by individual units except in designated storage areas.
g. No change in city-required provisions of CC&R's without prior City Council
approval.
h. Homeowner's association shall file with the City Clerk the names and addresses
of all officers of the homeowner's association within 15 days of any change in
membership of the homeowner's association. Said change shall be filed with the
City Clerk.
i. Protection of solar access for all solar collectors. .
3. Subdivider shall construct all public improvements shown on the tentative map.
4. Subdivider shall offer for dedication to the city and show on final map:
a. An easement for creek preservation.
b. A blanket easement for public utilities serving the site.
c. Access easements for maintenance of detention basin, to the approval of the City
Engineer, provided that access roads shall be unpaved or paved with ecoblock.
�vlaa 3 d. Access and open space easements to the railroad buffers consistent with the
Edna-Islay Specific Plan, to the approval of the Community Development Director.
5. Subdivider shall install separate water meters for each unit.
6. On-site drainage systems shall be designed to the approval of the City Engineer and
Chief Building Official.
7. All utilities shall be installed underground to the approval of the City Engineer and
affected utility companies.
8. On-site sewer shall be private.
9. Bike paths shall be shown on the improvement plans, to the approval of the Community
Development Director.
C- 3-��
Resolution No. 5967(1986 Series)
Tract 1264
Page 3
10. Subdivider shall provide plans and bond for the installation of a 12" diameter water
main extending from Bullock Lane to the proposed extension of Tank Farm Road or an
alternative line approved by the city's Utilities Engineer. This water main shall be
i-n9j1la installed prior to development of phase 3 of the Edna-Islay Specific Plan, or when
386 units have been constructed within the Edna-Islay Specific Plan area, whichever
mcg comes first. Subdivider shall be entitled to reimbursement in accordance with
chapter 13.04 of the Municipal Code. Acquisition costs for off-site easements shall
be the responsibility of the subdivider.
11. Subdivider shall submit for Community Development Director approval a detailed
landscape improvement plan for (1) railroad buffer area; (2) detention basin; (3)
creek areas adjacent to road crossing. Plan shall be prepared by a licensed
landscape architect and shall be consistent with the concepts and requirements of the
Edna-Islay Specific Plan. Plan shall be implemented in phases to the approval of the
Community Development Director.
12. Construction of the railroad underpass along Tank Farm Road shall be complete prior ,
to development of "phase 3" of Tract 1264.
13. The subdivider shall submit a hydrology study and calculations for the design of the
proposed drainage facilities within the tract, to the approval of the City Engineer.
4UT 14. Any work done in the creek preservation area must be approved by the Community
Development Director and the Department of Fish and Game.
15. Final map shall include names for public streets to the approval of the Community
Development Director. If named, private street names shall conform with city street
naming policy to the approval of the Community Development Director.
On motion of Councilman Settle . seconded by Councilwoman Dovey and
on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this2Qt_hday of May 1986.
on Dunin
AT
qty Clerk Pamela o es
Resolution No. 5967 (1986 Series)
Tract 1264
Page 4
APPROVED:
!�aCity Administrative dfficer
City Atto ey
Community Development Director
TRACT 1264 - Unit II
FEE AND BOND LIST
December 1 , 1987
BONDS - PUBLIC IMPROVEMENTS:
1 . Faithful Performance $43,000.00 Rec'd - 2/16/88
2. Labor & Materials $21 ,500.00 Recd - 2/16/88
FEES: Fund No.
1 . Monumentation Guarantee $ 600.00 500-9210-220-130
(Development Deposit) Paid - 2/17/88
2. Construction Inspection -0- 653-0018-081-030
(Use existing Tract 1235 fund)
3. Park-in-lieu fee -0-
(Full credit for park
dedication with Tract 1235)
4. Park Development fee
$750.00 per unit payable through
escrow (see Subdivision Agreement)
5. Water acreage & sewer lift
station fees
(Paid w/Tract 1235 Unit I)
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