HomeMy WebLinkAbout03/15/1988, C-3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1268, 353 MADONNA ROAD, A 10-LOT COMMERCIAL SHOPPING CENTER (CENTRAL COAST PLAZA - SUBDIVIDER: WILLIAM BIRD) I���II�II���WIIIIIIIpIIlulll MEETING 11E,'
�`� Ci".7 or san tins oBispo March 15, 1988
COUNCIL A ENDA REPORT ITEM NUMB
FROM:
David F. Romero / Wayne A. Peterso�' Prepared by: Gerald W. Kenny
Public Works Director City Engineer � 4 Supervising Civil Engineer
SUBJECT:
Acceptance of Public Improvements for Tract 1268, 353 Madonna Road, a
10-lot Commercial Shopping Center (Central Coast Plaza - Subdivider:
William Bird)
CAO RECOMMENDATION:
Adopt Resolution Accepting Public Improvements for Tract 1268
DISCUSSION:
1 . Prior Approvals:
a. Planned Development (PD 1165) Ordinance No. 1015 ( 1984 Series)
b. Tentative Map Approved 7-16-85 per Resolution No. 5735 ( 1985 Series)
c. Final Map Approved 8-18-86 per Resolution No. 6049 ( 1986 Series)
d. Developer's Agreement for Madonna Road Improvements per Resolution No.
5984 (1986 Series)
2. Description of Improvements:
This subdivision included the widening of Madonna Road, El Mercado and
Zozobra Lane (renamed Dalidio Drive 1-1-88) , the landscaped median, a
concrete box storm drain (between E1 Mercado and Dalidio Drive) and a water
main in Dalidio Drive. Portions of Madonna Road, including a share of the
traffic signals, were constructed by City Contract under an agreement. The
portion of Dalidio Drive beyond the Post Office is not accepted (except for
waterline and public utility purposes) until it is widened and the Dalidio
property is annexed.
All subdivision improvements have been satisfactorily completed, and the
subdivider has asked the City to accept the public improvements for
maintenance and operation.
3. Bonds: (on file)
1 . Faithful Performance: $500,000 (Insco-Dico #9344835)
2. Labor & Materials: $250,000 (Insco-Dico #9344835)
3• Monumentation Guarantee: $1 ,000.00 (Cash)
4. Significant Impacts: None.
5. Alternatives:
Option 1 : Adopt resolution accepting public improvements.
Option 2: Deny acceptance if the Council feels any conditions have not been
satisfactorily met.
C-3-/
����iui>IIIII�IINI����il��ul►�����I city of San Luis OBispo
AMOGe COUNCIL AGENDA REPORT
Tract 1268
Meeting of 3/15/88
Page Two.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The Subdivider would need to maintain bonds for work already completed to City
standards and specifications.
ACTION RECOMMENDED:
Adopt resolution accepting public improvements for Tract 1268.
Attachments:
1 - Draft resolution
2 - Map
3 - Checklist
4 - Resolution No. 5735 (1985 Series)
5 - Ordinance No. 1015 (1984 Series)
6 - Agreement
jk5/t1268acc
by
C-3-
RESOLUTION NO. ( 1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 1268 AT 353 MADONNA ROAD
(William Bird, Subdivider)
WHEREAS, the City Council made certain findings concerning Tract 1268, and
as contained in Resolution No. 5735 (1985 Series) , and
WHEREAS, all conditions required per Resolution No. 5735 ( 1985 Series) :
Resolution No. 5984 ( 1986 Series) and Ordinance No. 1015 ( 1984 Series) have
been met, and
WHEREAS, all public improvements have been constructed to City standards;
NOW THEREFORE BE IT RESOLVED that public improvements are hereby accepted
for maintenance by the City, except that Dalidio Drive (formerly Zozobra St. )
street and storm drain improvements southerly of the northeasterly prolongation
of the southeasterly property line of the U.S. Post Office property are not
:accepted for "public street purposes" at this time (Condition 36 of Ordinance
No. 1015 - 1984 Series).
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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city of San Luis OBispo
FINAL AC CEPTANCE CHECKLIST
PROJECT NAME Central Coast Plaza
DESCRIPTION Shopping center Tract at Madonna Roa(§ & E1 Mercado
MAP NUMBER Tract 1268 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
i DESCRIPTION INITIAL DATE CO TS
I GRADING complete including planting & retaining walls i
2 STORM DRAINS 8 DRAINAGE STRUCTURES installed
. i
3 SEWERS 8 SERVICES installed and tested 3�3
4 WATERLINES 8 SERVICES installed and tested ' ' ;
5 FIRE HYDRANTS installed and tested I•
6 CONCRETE installed and approved
Curbs and Gutters 1 Y
Sidewalks
Driveways /
7 STREET 8 PAVING installed and approved
Properly installed and sealed ?
Cleaned
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.B E. -- Final letter received ^`• !'"'
Street lights installed, operating, letter sent
Cable TV -- Final letter received `+
Telephone Co.-- Final letter received
Gas Company -- Final letter received
9 AS-BUILT PLANS received and approved L 3�
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met << <<
12 MONUMENTATION complete
13 STREET TREES planted I
14 OFF-SITE WORK completed [� a• _1
15 BOND/GUARANTEE deposited !c c1
16 X& Deposit Account Status do
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS o�
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION K6 a-(0-6
19 ARCHITECTURAL REVIEW COMMISSION
20 CITY COUNCIL M-0.67
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS 8 SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPRO L
9.81 PUBLIC SERVICES APPROVAL
RESOLUTION NO. 5735 (1985 Series)
A RESOL[PTION OF THE =NCLL OF THE QTY OF SAN LUIS
OBISPO GRANTING APPROJAL OF TENTATNE T44QT NO. 1268 _
LOCATED AT 353 MADONNA ROAD
BE IT RESOIUFD 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 1268 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. In accordance with state and city envirormental review guidelines, an
initial environmental study (ER 5-85) has been prepared and on January 30,
1985, the Comnuuty Development Director determined that the previous EIR
and supplement are adequate for this application. The Planning Commission
affirms this determination.
2. The tentative map is consistent with the general plan and it substantially
complies with the PD 1165 development plan.
3. The site is physically suitable for the proposed type and density of
development allowed by the C-R-PD zone.
4. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. The design of the subdivision arra the type of improvements are not likely
to cause public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements for access through or use of property within the
proposed subdivision.
SEc:T10N 2. conditions. That the approval of the tentative map for Tract
1263 be subject to the following conditions:
L. Fin.il mip shall show Lot 5 combined with lot 10.
2. If lots 6 ai)l 7 are not canbine3, subdivider shall record an agreen.!nt nut
to separdte cwmmership of the lots to run with trine land in a form to be
dpproved by the. City Attorney aryl the Chief Building Official.
3. The final map submittal shall include a depiction of buildid9s in relation
to property lines. Parcel boun-liries on the final map shiLl be revisers to
reflect WLId.Lril Locations and setl) ici s fran nrope'ity luie5 that miy be.
ru7ui:�s !*: rh :Inifunn Ruil. iLng Ccxle. ����
Resolution No. 5735 (1985 Series)
Tract 1261?
Page 2
4. Final map shall include a note that conditions of Ordinance No. 1015 (1984
Series) are conditions of development of the tract.
. 5. Offers of street dedication on the final map shall be consistent with the
approved final development plan and to the approval of the City Engineer.
6. The northwesterly drives into the site from E1 Mercado and from Zozubr.+
Lane shall be street-type (curbed) entries. All other drives into the site
from public streets shall be driveway rarrps.
7. Subdivider shall contribute to the cost of a new traffic signal at Makic)Ilr,'e
Road and Zozcbra Lane, as determined by the City Engineer.
8. On-site sewers shall be private, within private easements.
9. Domestic water service shall be provided along public street frontages Cron
existing mains. On-site water lines shall be private.
10. Prior to filing final map, the subdivider shall obtain a building penni.t v)
commence construction of the shopping mall project autorized under Pl.1111rcYJ
Development/Rezoning pD 1165 (Ordinance No. 1015, 1984 Series) .
On motion of Councilman Settle seconded by Councilman Griffin ,TV]
on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution ion was passed and adopted this
1985.
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ATTEST:
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Resolution No. 5735 (1985 series)
Tract 1268
Page 3
APPRWEDi
4.
City Administrative Of icer
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City Att ey
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Community Develcpment Director
ORDINANCE NO. 1015 (1984 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR
SAN LUIS OBISPO MALL AND HOTEL AT 353 MADONNA ROAD (PD 1165)
WHEREAS, the Planning Commission and City Council have held hearings to
consider appropriate zoning for subject property in accordance with Section
65800 et. seq. of the Government Code; and
WHEREAS, the rezoning has been evaluated in accordance with the
California Environmental Quality Act and the City's Environmental Impact
Procedures and Guidelines, a final environmental impact report has been
certified, and a supplement has been considered; and
WHEREAS, the proposed zoning promotes the public health, safety and
general welfare;
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
Section 1. The Council makes the following findings:
1. That the development plan is consistent with the general plan.
2. That the status of environmental impacts is as follows:
A. Impacts on animal life will not be significant.
B. Impacts of these types may be reduced to acceptable levels through
revisions to the project as originally proposed or by conditions of
project approval enumerated below: land-use trends; public
services; utilities; noise levels; geologic and seismic hazards or
topographic modifications; surface water flow (drainage and
flooding) and water quality; air quality; population distribution
and growth; community plans and goals; archaeological resources;
energy use.
C. Impacts of these types. are significant and unavoidable. No feasible
mitigation measures are available to reduce the impacts to
insignificant levels. Overriding concerns — implementation of
general-plan policies for retail expansion — will outweigh the
risks of environmental damage: traffic circulation; agricultural
land conversion (plant life) ; aesthetics. _
0 1015
Ordinance No. 1015 (1984 Series)
Page 2
3. That the planned development satisfies criteria a, d, and a of zoning
regulations Section 9204.4.D.1.
Section 2. The preliminary development plan is approved subject to the
following conditions:
Conditions:
1. Within six months of approval of the preliminary development plan, the
applicant shall file a final development plan, as required by the Zoning
Regulations, for consideration by the City Council. The final
development plan shall show all proposed dedications and abandonments and
all new utility lines. The precise configuration of streets and drives
shown on the plan shall be based upon study and recommendation by a
traffic engineer, to the approval of the City Engineer. The final
development plan shall include all items required for final architectural
review and final architectural review shall have been conducted prior to
Council consideration. The final development plan shall be effective
only after approval by the City Council.
2. Grading and construction plans shall be accompanied by:
a. A soils report prepared by a qualified engineer, including
recommended measures to adequately prepare the site for paving,
drainage, and support of building foundations.
b. A hydraulic study prepared by a qualified engineer, supporting
drainage structure design and demonstrating compliance with the
city's Flood Damage Prevention Regulations.
3. Prior to issuance of construction permits for any structure which would
cross lot lines on the project site,. a lot combination map (minor
subdivision) shall be submitted and approved.
4. Any applications for subdivisions which may be required as a result of
proposed sale or lease of parts of the development shall indicate the
relationship of proposed parcels to the total site, access and utility
easements, and parking sufficient for the uses on individual parcels. At
the time of filing any required map, the applicant shall provide a draft
reciprocal easement agreement for review and approval by the Community
Development Department and the City Attorney.
5. Prior to issuance of construction permits for any structure which would
cross the property line between the project site and Madonna Road Plaza,
an agreement among owners of both properties and the city concerning
compliance with applicable codes, approved by the Chief Building Official
and the City Attorney, shall be recorded.
6. If a portion of El Mercado (formerly Calle Joaquin) is abandoned, the
applicant shall submit to the city for recordation ease 0040) /
r � D
Ordinance No. 1015 (1984 Series)
Page 3
A. For the benefit of the Madonna Road Plaza property, allowing access
over the San Luis Obispo Mall site (in a form which would
accommodate emergency vehicles and semi-trailers) to the portion of
Madonna Road Plaza adjacent to Highway 101; and
B. For the benefit of the San Luis Obispo Mall property and the public,
allowing access along the private drive formerly occupied by Calle
Joaquin.
C. Prior to issuance of construction permits, applicant shall submit
evidence in a form satisfactory to the City Attorney that an
agreement has been recorded to run with the land providing for
maintenance of the drive formerly occupied by Calle Joaquin jointly
by the owners of the San Luis Obispo Mall site and the Madonna Road
Plaza site.
7. The final development plan shall conform with the preliminary site plan
dated March 29, 1984, and indicating the following:
Use Maximum Gross Building Area
Major, broad-line, non-discount 74,230 square feet
department store
Tires, batteries, and automotive 4,850 square feet
accessories facility associated
with department store.
Drugstore 25,000 square feet
Retail shops 103,700 square feet
(SUBTOTAL) 207,780 square feet
Pads for not more than four 30,000 square feet
freestanding buildings.
(SUBTOTAL) 249,750 square feet
Interior Mall space 33,300 square feet
TOTAL 284,750 square feet
Parking for about 1,400 cars, with convenient motorcycle and bicycle
parking, as required by the Zoning Regulations.
B. The hotel shall include approximately 10,000 square feet of flexible,
conference-meeting space.
9. The total project shall be compatible with the existing and proposed
buildings at Madonna Road Plaza, through design, building orientation and
location, and with provisions for pedestrian circulation, to the approval
of the Architectural Review Commission and City Council
Ordinance No. 1015 (1984 Series)
Page 4
10. The mall itself shall be vented so that natural air circulation may be
used rather than mechanical ventilation.
11. The roof of the mall and hotel complex shall include skylights,
appropriately glazed to prevent unwanted heat gain while allowing natural
illumination.
12. Entries to the mall and to separate lease spaces sha11 be designed to
allow controlled public access to the spaces and secure closure of the
mall itself when the shops are not in operation.
13. Exterior entries to the mall and to the major tenant spaces shall be an
"air-lock" or equivalent design to minimize unwanted exchange of indoor
and outdoor air.
14. A. Prior to filing the final development plans, applicant shall provide
an analysis by a qualified person evaluating the technical and
economical feasibility of solar heating for water used by the hotel.
In approving the final development plan, the city may require those
solar applications which have a pay-back period of eight years or
less.
B. The roof structure of the hotel shall be designed to acconTno9ate
future installation of a wind-energy-conversion or photovoltaic
system, to be certified by a qualified designer prior to issuance of
building permits.
15. A landscape strip along the southwestern and southeastern site boundaries
(including the Highway 101 frontage) averaging at least 20 feet wide
shall be planted with dense, evergreen trees and shrubs, with intermixing
of species to provide variety of color and form and seasonal change.
16. So far as possible, existing mature trees along Highway 101 shall be
retained. The areas shall be planted and maintained to the satisfaction
of the Community Development Director.
17. Surfaces of all planting areas shall be porous, with no plastic barrier.
18. The landscape strip along the Madonna Road frontage shall have a minimum
width of 20 ft. along parking areas and 40 feet along buildings, measured
from the property line after road widening. The landscape strip along
the E1 Mercado alignment shall have a minimum width of 10 feet. Both
strips shall be planted with a combination of groundcover, shrubs and
trees which at maturity will be in scale with the buildings and which
will provide a variety of colors and forms and which will be suitable for
and provide protection in a windy setting. Box specimen trees shall be
interspersed with sapling trees throughout the entire project.
Landscaped berms and box specimen trees shall be used near and around the
hotel entrance to minimize the apparent height of the building.
19. Trees shall be provided within parking rows, separated by not more than
eight spaces, and at the ends of each raw. Trees shall be planted in
deep-root, curb-protected planters. The types of trees shall be approved
by the Community Development Department (broad canopy treese too be
used in parking areas) . a 13-1.2.
Ordinance No. 1015 (1984 Series)
Page 5
20. An on-site well shall provide all water for landscape irrigation via an
appropriately designed system with no cross-connection to the city water
system. The existing agricultural well may be used.
21. Site drainage shall be designed to the approval of the City Engineer:
a. The proposed culvert extension shall be capable of carrying a
25-year design-storm flow, as a minimum.
b. Accumulated drainage, including the cross-site channel, shall be
underground with concrete inverts and inlets at appropriate
locations.
C. A velocity-reduction structure may be required at the point where
the culvert leaves the site.
d. A grease and oil separator or separators shall be installed where
collected parking-lot drainage enters the main culvert. They shall
be located and designed to facilitate maintenance.
22. Parking lot lighting shall provide adequate illumination for safety and
shall be designed to direct light downward to minimize sky glare and
horizontal glare and in scale with the surrounding area.
23. Parking lot lighting circuits shall be designed to allow parking serving
uses such as restaurants expected to be in operation longer than other
uses to be lighted while other areas are not.
24. The submittal for final architectural approval shall include a signing
plan indicating location, size, materials, copy, and lighting of all
proposed signs. Unless specifically excepted by the Architectural Review
Commission, signs shall be limited to identification of the shopping
center, the department store, drugstore, and hotel, and freestanding
building occupants. Signing shall be compatible throughout the project.
25. The area offered for dedication for future extension of Zozobra Lane
shall be improved as a drive, except that the base shall be prepared for
ultimate development as an arterial street to the approval of the City
Engineer.
26. The drive indicated at the end of Zozobra Lane shall be designed so as
not to interfere with drives to the Post Office and to provide a safe
pedestrian crossing, to the approval of the City Engineer.
27. Applicant shall offer to dedicate and improve street right-of-way (a) to
accommodate the widening of Madonna Road along the project frontage by a
uniform 40 feet and (b) to accommodate the widening of E1 Mercado between
Madonna Road and the drive intersecting from the southwest to a 74-foot
right-of-way (including a right-turn lane) .
28. The applicant shall submit street improvement plans prepared by a civil
engineer for approval by the City Engineer. C-3-13
-3—/A
Ordinance No. 1015 (1984 Series)
Page 6
29. Applicant shall install a landscaped median barrier in Madonna Road to
prevent left turns at the Madonna Road drive and to provide turn pockets
for left turns from Madonna Road to Zozobra Lane and to E1 Mercado, to
the satisfaction of the City Engineer.
30. A. Prior to issuance of construction permits, applicant shall submit a
written agreement, to the approval of the City Engineer, agreeing to
pay the city $22,750 toward the cost of installing traffic signals
at Madonna Road and E1 Mercado and 100 percent of the estimated cost
of modifications or additions to the signals which may be necessary
to accommodate changed traffic patterns or street widening resulting
from the project.
B. Applicant shall offer to dedicate right-of-way to accommodate future
freeway access from an extension of Zozobra Lane, to the
satisfaction of the City Engineer.
31. Prior to issuance of construction permits, the city must have received
dedication of Zozobra Lane from the fee owner and the city must have
accepted for maintenance the existing street improvements.
32. Prior to issuance of construction permits for the mall connection to
Sears, the city must have abandoned that portion of El Mercado indicated
in the final development plan, subject to acceptance of access and
utility easements by the city and affected public utilities, and an
agreement between city and applicant concerning relocation or special
protection and valves for city water and sewer lines must have been
executed and any required bond posted.
33. Applicant shall pay city the cost of a 2-inch asphalt blanket on E1
Mercado as determined by the City Engineer or shall include this
improvement in the applicant's paveout of El Mercado, at the option of
the City Engineer. Applicant shall reconstruct E1 Mercado to the
approval of the City Engineer and in conformance with the approved final
development plan.
34. Applicant shall fully improve all street right-of-way dedicated to the
city with base, paving, curb, gutter and sidewalks, to the approval of
the City Engineer.
35. Applicant shall install traffic control signs and pavement and curb
markings (including those features deemed necessary for pedestrian safety
on and immediately adjacent to the site) to the approval of the City
Engineer.
36. Applicant shall offer to dedicate at least 32 feet for street
right-of-way and sign an agreement (to be recorded) to install street
improvements upon notice by the City Engineer, for the future extension
of Zozobra to the southeast, to the approval of the City Engineer.
Ordinance No. 1015 (1984 Series)
Page 7
37. Applicant shall offer to dedicate and improve additional right-of-way for
widening of Zozobra Lane to a full right-of-way width of 64 feet along
the frontage between Madonna Road and the drive into the project site.
38. Prior to issuance of construction permits, the city must have established
a formal arrangement for participation by the applicant in paying for
changes to the Madonna Road interchange at Highway 101. The applicant
shall pay for at least 20 percent of the estimated cost, determined by
the City Engineer. The timing and manner of payment shall be established
by the terms of the formal agreement.
39. A. Applicant shall pay for undergrounding the existing electrical
distribution pole line along El Mercado and shall be responsible for
making all arrangements with utility companies for maintenance of
service in that area.
B. New on-site or off-site sewer main with manholes may be required by
the City Engineer.
40. Downstream erosion control measures may be required by the City Engineer
as a condition of grading approval.
41. Construction shall commence within 12 months of final development plan
approval and continue in a timely fashion with the project (excluding the
connection to Sears) completed in a single phase.
42. Grading and compaction shall be carried out in a single dry construction
season, from May to October. If site-preparation work cannot be
completed in one season, catch basins are to be installed to retain
sediment on the site and exposed soils are to be mulched and/or
hydroseeded to minimize soil erosion.
43. Earth-moving equipment and truck traffic are to use Madonna Road north of
El Mercado and avoid residential parts of Madonna Road and Los Osos
Valley Road.
44. Dust abatement procedures (including moistening exposed soils and
moistening' or covering loaded trucks leaving or entering the site) are to
be employed throughout site preparation. Applicant shall specify in
grading plans that the City Engineer may suspend work if dust generation
on-site together with strong winds would create a nuisance or hazards on
neighboring property, streets, or Highway 101.
45. Soil is to be removed from the treads of major equipment before such
equipment uses city streets.
46. Grading and excavation plans shall include a note that work is to stop
upon discovering any archaeological materials. Applicant shall provide
contractors with descriptions to help them recognize such materials, upon
the advise of a qualified archaeologist. If archaeological materials are
discovered, work shall cease until a qualified archaeologist can assess
the find and an appropriate Native American group can be notified. Any
costs incurred as a result of this condition shall be funded by the
applicant.
Ordinance No. 1015 (1984 Series)
Page 8
47. Prior to approval of the final development plan, applicant shall remove
the billboard located on the site.
48. Applicant shall safety prune existing trees which are to remain and
remove stumps, fallen limbs, field-crop stakes, debris, and trash from
the area near Highway 101. The areas shall be planted and maintained.
49. Interior lighting and parking-lot lighting shall be turned off when uses
served by the parking are closed (allowing sufficient time for employees
to have left) , except that lighting for security will remain on.
50. Parking areas shall be cleaned according to a schedule established by the
City Engineer with a vacuum sweeper to control litter and reduce water
pollution, and the site shall be maintained in an orderly and attractive
manner.
51. The developer shall provide the following transit incentives:
A. A bus loading zone and sheltered passenger waiting area, west of the
auto service (TBA) facility. Final design shall be subject to
approval of the Public Works Department transit coordinator. The
shelter shall provide protection from sun, wind, and rain, and shall
be adequately lighted and identified. The bus loading area shall
include standard city bus signs, seating, trash recepticles, and an
enclosed display case. The shelter shall be maintained by the
project owner (bus system information will be maintained by the
city) .
B. Pavement section for the bus route shall be to the approval of the
City Engineer.
C. Stop signs to minimize delay for bus turning shall be provided at
intersections of project drives with E1 Mercado and Zozobra Lane, to
the approval of the City Engineer.
D. A bus information board shall be located inside the enclosed mall,
to the approval of the city transit coordinator. Bus system
information will be maintained by the city and the display board
shall be maintained by the project owner.
E. Developer shall provide a regularly scheduled shuttle service with
downtown stop for hotel guests.
F. Project tenants shall provide (1) mini-shuttle service for one year
to be financed by the developer. Shuttle service to be on a
regularly-scheduled basis between the Madonna Road shopping area and
the downtown; (2) bus systems information and passes for all
employees; and (3) bus system information and tokens or similar
reduced-fare incentives for shoppers, integrated with promotional
material; all coordinated with the Public Works Department.
C-3-/G
Ordinance No. 1015 (1984 Series)
Page 9
G. Applicant shall cooperate with the Public Works Department in an
effort to provide expanded bus service, particularly during seasonal
peaks, in conjunction with Madonna Road area and downtown merchants.
52. The developer shall provide the following to accommodate and encourage
use of bicycles:
A. Key-operated 1(xckers shall be provided to accommodate at least 20
bicycles. The lockers shall count toward the required bicycle
parking spaces.
B. The project shall include at least two showers for male employees
and two showers for female employees (accessible to all project
employees) , located conveniently with respect to a major tenant's
employee locker area.
C. Bicycle parking areas shall include racks for locking to the
approval of Community Development Department staff.
53. No more than 231,750 square feet of retail floor shall be occupied prior
to June 1, 1987. Any building or area intended for delayed occupancy
shall be designed and maintained to present an attractive appearance, to
the approval of the Community Development Director.
54. To provide greater security for hotel occupants, suites shall be provided
with nonreproducible keys.
55. Final plans shall include a fire control roan, readily accessible from
the outside at the ground level and providing central fire monitoring and
control equipment, to the approval of the City Fire Department.
SECTION 3. A summary of this ordinance, approved by the City Attorney,
together with the names of councilmembers voting for and against, shall be
published once, at least three (3) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of thirty (30) days after its said
final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting thereof held on the 3rd day of July on motion of
Councilman Griffin, seconded by Councilman Settle, and on the following roll
call vote:
Ordinance No. 1015 (1984 Series)
Page 10
AYES: Councilmenbers Griffin, Settle, Dunin and Mayor Billig
NOES: Councilwoman Dovey
ABSENT: None
r
MA OR r IE C. BILL
ATTEST:
i
CITY CLERK PA ?LA V ES
APPROVED:
City Administrative Offlicer
City Atto G'
h.l J�X.Ci7"1'
a�iiunity Development Director
/s 5SWe-tote 04 ti»-0-Ir
f
ORDINANCE NO. 1015 (1984 Series)
FINALLY PASSED this 17th day of July ,
1984 , on motion of Councilman Griffin seconded by
Councilman Dunin and on the following roll call
vote:
AYES: Councilmembers Griffin, Dunin and Mayor Billig
NOES: None
ABSENT: Councilmembers Dovey and Settle
- 1
yor elaBillig
ATTEST:
�a4 a"' -
City- Clerk Pamela)Voges
C-3-/9
F '
A G R E E M E N T
THIS AGREEMENT dated this 19th day of August, 1986, by and
between WILLIAM L. BIRD and MARILYN L. BIRD, herein referred to as
"Subdivider, " and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City."
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain. proposed subdivision of that
certain real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1268 (Central Coast Plaza) , City of San Luis Obispo, California, as
approved by the City Council, on the 19th day of August , 19ab—.
WHEREAS,the Subdivider desires that said Tract 1268 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivisicn
improvements in accordance with said subdivision ordinances and
regulations, and in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
1
.0- 3-moo
1 . CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sever 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 shal.l 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
eighteen (18). months of said recording date, unless an extension has been
granted by the City Council , 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
2 -3-ai
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:
1 . The Subdivider shall deposit a monumentation bond of $1 ,000.00 to cover the
JVnstallation of survey monuments in accordance with the approved map and
payment for same. Said deposit will be released to the Subdivider upon n�
receipt by the City of a letter from the Engineer indicating they have I
completed the work and have been paid.
2. The Subdivider shall pay water and sewer fees as follows:
a. Water frontage J
1 .874. 12 if X $11 .60 $ 21 ,739.79 G(
b. Water acreage
23.88 Ac ( less street dedic. ) x $11 .60/Ac 5 27,705.67
C. Sewer fee �IS--
(Laguna lift station & frontage charge $ 4,788.22
3. Traffic Signal Contribution (fCu�CI J/ e6o) $ 22,750.00
(El Mercado)
�LI V
Total $ 76,98/3.68—7
4. Conditions of the Developer 's agreement with City dated _ 6_
1986.
5• The Subdivider must comply with all conditions of Resolution No. 5735 ( 1985
Series)
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office, Department of Interior, Washington, D.C. C-3�o?a2ww
3
The Subdivider hereby attaches hereto, and as an integral part hereof.
and as security for the performance of this agreement, (-inezalumekt
oved :/bond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
( `nstr meR /bond) is in the amount of five hundred
thousand dollars 5500,000.00 and which is in the amount of the estimated
cost of said improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmar.ship 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 against any defective work or labor
done, or defective materials furnished, in the performance of. this
agreement.
Completion of the work shall be deemed to have occurred on the date as
of 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, then in thAt event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, which has
C
4
been posted by Subdivider, to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense thereof
from the Subdivider or his surety.
The Subdivider 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.
Said Subdivider has deposited with the City the sum of $16,500.00, r
from which deposit the City will pay the salary and expenses of an �o^--
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
:. $16,500.00, 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 Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement-
5
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
William L. Bird
Marilyn Bird
ATTES
Cl Y CLERK PAMELA GES
Approved as to form:
City Att ney
City V9
ineer
agr-1268
by
6