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HomeMy WebLinkAbout04/05/1988, C-6 - CONSIDERATION OF AN AMENDMENT TO THE SUBDIVISION AGREEMENT EXTENDING THE TIME TO COMPLETE THE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR TRACTS 926, 1034 AND 1064 (CUESTA VALLEY DEVELOPEMENT CO., SUBDIVI MEETING DATE: city of San Luis OBISPO April 5 19 8 op COUNCIL AGENDA REPORT Imo""NUMBER: FROM: David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny �— Public Works Director City Engineer Supervising Civil Engineer SUBJECT: Consideration of an Amendment to the Subdivision Agreement Extending the Time to Complete the Subdivision Improvements and Acceptance of Completed Public Improvements for Tracts 926, 1034 and 1064 (Cuesta Valley Development Co. , Subdivider) CAO RECOMMENDATION: Adopt Resolution Approving Agreement Amending Subdivision Agreement and Accepting Completed Public Improvements DISCUSSION: 1 . Prior Approvals: A. Tentative map approved July 13, 1982 per Resolution No. 4892 (1982 Series) for Tract 926. B. Tentative map approved May 17, 1983 per Resolution No. 5115 (1983 Series) for Tract 1034. C. Tentative map approved July 13, 1982 per Resolution No. 4894 ( 1982 Series) for Tract 1064. D. Presice Development Plan approved on July 13, 1982 per Ordinance 931 (PD 06 44A). E. Final Maps Approved January 7, 1986 per Resolution No. 5866 (1986 Series). DESCRIPTION OF IMPROVEMENTS: The improvements consist of standard public improvements such as sewer water mains, storm drainage, public streets, and utilities, in addition to grading and revegetation of Terrace Hill, which was dedicated to the City. The on-site condominium private streets and landscaping are not covered by the subdivision bonds, but are building permit requirements. The public improvements constructed under Tract 926 - Unit I, Tract 1034 off-site improvements, and Tract 1064 off-site improvements have been satisfactorily completed (except for certain items), and the subdivider has asked for acceptance of the completed work by the City and release of the corresponding surety in accordance with the Subdivision Agreement. The Subdivision Agreement expired on January 7, 1987. There is one agreement, covering all three tracts. Under the terms of the agreement, building permits and/or occupancies have been released by the CAO based upon satisfactory performance on behalf of the subdivider. ����i�HI�IIIIIpI P° �IIIU City of San LLA.a OBISPO COUNCIL AGENDA REPORT However, the Subdivider has requested a formal extension of time to complete the remaining subdivision improvements for Tract 926 - Unit II and Tract 1034. The Subdivider has asked to extend the Subdivision Agreement from January 7, 1987 until July 7, 1989 in order to accommodate the phasing of the on-site development of Tract 1034 and completion of Tract 926- Unit II. The only remaining bonded public improvements are listed as Items A-D in the attached agreement amending the Subdivision Agreement. FISCAL IMPACTS: Acceptance of the completed subdivision improvements will turn the responsibility over to the City for normal maintenance: The Subdivider will, however, be responsible for maintaining the revegetated city-owned lot for two years following acceptance as noted in the Subdivision Agreement. . SIGNIFICANT IMPACTS: None ALTERNATIVES: Option 1 : Adopt resolution approving agreement amending Subdivision Agreement, extending the time to complete the subdivision improvements and accepting completed public improvements. Option 2: Deny approval of the agreement amending the subdivision agreement and denying acceptance of the completed subdivision improvements if the Council feels any conditions have not been satisfactorily met. Option 3: Adopt resolution approving agreement to extend the time to complete subdivision improvements, . denying acceptance of the completed improvements, but reducing the surety to $165,000.00 for Faithful Performance. CONCURRENCES: The Community Development Director and City Attorney concur with the recommendation. CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION: The Subdivider would continue to be in default of the current Subdivision Agreement and would need to maintain bonds for work already completed to City standards and specifications. ��uM�i ►►�IIIII���I ►UUII� city of san tuts oB.ispo =..- ....-.--! COUNCIL AGENDA REPORT ACTION RECOMMENDED: Adopt resolution approving agreement amending the Subdivision Agreement and accepting the completed public improvements for Tracts 926 - Unit I, Tract 1034 and Tract 1064. The Public Works Director and Community Development Director are authorized to accept Items A & H of amended agreement, and release of respective surety upon satisfactory completion. ACTION TAKEN: Approved As recommended As modified Denied Continued Vote: Attachments: 1 - Draft Resolution 2 - Agreement Amending Subdivision Agreement 3 - Subdivision Agreement 4 - Maps 5 - Checklist 6 - Resolution No. 4892 (1982 Series) 7 - Resolution No. 5115 (1983 Series) 8 - Resolution No. 4894 ( 1982 Series) 9 - Ordinance No. 931 (1982 Series) (PD 06-44A) 10 - Resolution No. 5866 (1986 Series) _ jk5/amend by �6� RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CUESTA VALLEY DEVELOPMENT CO. , A GENERAL PARTNERSHIP EXTENDING TIME TO COMPLETE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR TRACTS 926, 1034 AND 1064 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1 . That certain agreement, attached hereto marked "Exhibit All and incorporated herein by reference, between the City of San Luis Obispo and Cuesta Valley Development Co. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Whereas certain public improvements have been completed to City standards and specifications in accordance with Resolution Nos. 4892 ( 1982 Series), 5115 ( 1983 Series), and 4894 ( 1982 Series) except as prescribed in said "Exhibit All. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Cuesta Valley Development Co. , the Director of Public Works, and the Director of Community Development. NOW THEREFORE BE IT RESOLVED that the completed public improvements are hereby accepted and surety is released per attached "Exhibit B" in accordance with the Subdivision Agreement. The Public Works Director and Community Development Director are hereby jointly authorized to accept Items A & B of said "Exhibit A" and to release respective surety upon satisfactory completion. Resolution No. (1988 Series) Page 2. 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 APPROVED: City A inistrative Officer City Att rney �GGG1� Community Development Director �a Ci y Engineer jk5/amend by EXHIBIT "B" BOND CALCULATIONS A. Original Faithful Performance Bond $1 ,350,000.00 Original Labor & Materials Bond 675,000.00 B. Incompleted Work (Public Improvements) 1 . Tract 926 - Unit I a. Hillside revegetation (Lot 30) _ $10,000.00 b. Replacement street trees (Bishop) = 1 ,000.00 $11 ,000.00 2. Tract 926 - Unit II (Binns Court) a. Water, sewer, street, etc. $36,000.00 3. Tract 1034 a. Public water, sewer, etc. $86,000.00 _ b. Repair geologic defects (within 10,000.00 . Tract 926 - Lot 30) c. Florence St. .minor pavement 1 ,000.00 $97,000.00 S.T.. $ 144,000 + (5% infl . + 10% Contingencies) 21 ,600 165,600 Use $ 165,000 C. Completed Work (A - B) $1 , 185,000 (Bond Reduction) D. Warranty ( 10% of completed work) $ 118,500 (to be held for one year from (acceptance) E. Revised Faithful Performance Bond $ 165,000 Revised Labor & Materials Bond $ 82,500 jk5/amend by ��� AGREEMENT THIS AGREEMENT, dated this day of 1988 by and between Cuesta Valley Development Co. , a General Partnership herein referred to as "SUBDIVIDER", and the City of San Luis Obispo, herein referred to as "CITY. " WITNESSETH: Reference is hereby made. to those certain subdivisions of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final maps of Tract 926 (Unita I and II), Tract 1034, and Tract 1064, as approved by the City Council on January 7, 1986. WHEREAS, a Subdivision Agreement was entered into between the above mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the original agreement has expired, and WHEREAS, the Subdivider has completed all items except: A. Completion of certain street trees adjacent to Tract 926 - Unit I; B. Terrace Hill revegetation and certain restorative grading of the city-owned lot 30 Tract 926 adjacent to Tract * . C. Completion of public improvements in Binns Court including public water and sewer mains and utilities within Tract 926 - Unit II; D. On-site public water and sewer systems and drainage devices within Tract 1034, and ' WHEREAS, the Subdivider has requested an 30-month extension of time from the expiration of the current Subdivision Agreement to complete the aforementioned items. NOW THEREFORE the Subdivision Agreement dated January 7, 1986 for Tracts 926, 1034, 1064 is hereby renewed and modified so as to extend the time of completion to July 7, 1989 to complete the remaining improvements. OYo'*-7 All other provisions of the aforementioned Subdivision Agreement shall remain in force, except as provided for with partial acceptance and/or reduction in the amount of surety by the City Council. IN WITNESS WHEREOF this agreement has been executed by: CUESTA VALLEY DEVELOPMENT CO. A Califor is 7%al Pas rs ip By: CU VALLEY T T CO. CITY OF SAN LUIS OBISPO Approved this day of 1988. APPROVED: r-� wc;�e /too, ITY ENGINEE APPROVED AS TO FORM: CITY ATTORNEY 1 GL(&2•t Community Development Director s jk5/amend by A G R E E M E N T THIS AGREEMENT dated this 7th day of January, 1986, by and between Cuesta Valley Development Company, A California Corporation, 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 ford Tract Nos. 926;1034 and�1064 j City of San Luis Obispo, California, as appy the City Council, on 7th day of January 1986 . WHEREAS,the Subdivider desires that said Tract Nos. 926, 1034 and 1064 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 subdivision 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 � K 2c Ls �►S.b 6L �. y �u �a� DtFt6iT '7- 1 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 specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been . granted by the City 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 2 LN-lrS l T '`l-a-- Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued' nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City Council. The Subdivder 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 cash monuumentation bond of $2,500.00 to cover the installation of survey monuments in accordance with the approved maps and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating completion and he has been paid. 2.. The Subdivider shall pay water acreage fees of $22,759.20 (19.62 AC x /Joy $1160/AC) . 3. The Subdivider is given full credit for the dedication of Lot 30 of Tract 926 to the City for park dedication requirements. No park-in-lieu fees are required. 4. The Developer shall be responsible for landscaping the common area on Tract 926 and the detention pond on Tract 1034 and be responsible until a homeowner's association takes over maintenance. 5. The City shall reimburse the Subdivider for the oversizing of the water main from 8" to 10" per Resolution 4892 (1982 Series) $1 ,932.00 (483 ft x $4.00/lf) . 6. The Subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide for proper revegetation, slope stabilization and erosion control for the entire site, including Lot 30, and be responsible therefore for a period of 2 years from date of final acceptance. 7. The Subdivider shall contribute $1 ,000.00 towards future street improvements on the Rachael Court cul-de-sac. 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 3 >X l+i 6)i �] 3 • J r� 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. The Subdivider hereby attaches'hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit/irk) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit mess&) is in the amount of $1 ,350,000.00 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 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 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. 4 08000 P-�, + 161T '7 -U 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 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 shall deposit with the City the sum of $40,500.00, 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 $40,500.00, 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. 5 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. 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 BY: d�J- M RON DUNIN Jo French V ce President & #e9t. Secy. Cuesta Valley Deve pment Co. Charles French Vs;Wm President Cuesta Valley Development Go. ATTEST: CI Y CLERK PAME GES Approved as to form: i City Atto ey i City Engineer i ♦i 1G/ / f Kenny/Agr-Form 6 ml a V\ HER �� r1 ;3 _ SZ c� it N t � � 1 . t; ass saase:=saga 888881 'alai8888888 �osetco%sasgs:*casa ars e s.x �c : s a�= e i ER ea�L aR:sa kala date at �� a�464t se ' MOR ►a. bra ' DWI rr¢ I+"+a qp ,/dwb� 01/ ate•.... _�. •:;` .�. � ya it 96/ cc f4 . .?r o tiiit F Fes- �t ` f I- ++iii ' : •� �, IP ` _,�y� } I/"! 1 day • i , g �aAA P �1 i $ • �6`a P a hF t • lb •�;�°+iarmv ers � \ \ � it ~� M ' I Y o • I 'V. �r��� I 1 /� i7 u �Q ` `0 06ega ' -� ' - INS 04a bi It n � ICC 404, Fit 4 s . . 9 lit 1� ' Vii" sa • � ;.i �' � zt Ull ��# • d �g - -/ 41 .....,1,.110.E to • t ;o O i 8 4v 3 a .qt 1 dw ow 49 \ � r wpw softW I LY o Rf C w nom'MN i A • Q 8s10 Z RZ city of san LL ' o131s�� O FINAL ACCEPTANCE CHECKLIST Terrace Hill - Tract 926 Phase I PRO,JE!"l NAMIE Tract 1034 Public Por lod_Tract 1064 First phase of planned develoomenL North of hill, single family lots East DESCRIPTION o Tracts 926,C,Lr'. I ) MAP NUMBER 1034 S 1064 SPECIFIC PLAN __......___ REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS a DESCRIPTION INITIALI DATE COMMENTS 1 GRADING complete including planting & retaining walls 2 STORM DRAINS & DRAINAGE STRUCTURES installed 3 SEWERS & SERVICES installed and tested 4 WATERLINES & SERVICES installed and tested 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved Curbs and Gutters j Sidewalks Driveways i 7 STREET & PAVING installed and approved Properly installed and sealed + , -. Cleaned Signing, striping and curb painting __pl _ ** 8 NON-CITY UTILITIES P.G.& 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 10 PUBLIC IMPROVEMENTS payments received L 7d Y 4 •+ _ I 11 AGREEMENT CONDITIONS have been met 12 MONUhIENTATION complete l 13 STREET TREES planted ' 14 OFF-SITE WORK completed 15 BOND/GUARANTEE deposited 7 16 1 XlX=X Deposit Account Status **Funds Encumbered for Signs, etc. OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS _ 18 PLANNING COMMISSION 3-Zi a-eJ /c 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL /u 7 3-7-f+S r'Az - IV 21 ABANDONMENTS 22 OTHER f ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL r. 9-8I PUBLIC SERVICES APPROVAL ��® - RESOLUTION NO. 4892 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CONDITIONS OF APPROVED TENTATIVE TRACT NO. 926 LOCATED AT 2030-2031 BINNS COURT (BUENA VISTA ESTATES) . THIS RESOLUTION SUPERSEDES COUNCIL RESOLUTIONS NO. 4072 (1980 SERIES) AND 4475 (1981 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the amendment to the tentative map for Tract 926 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following amendments to findings: 1. The tentative map is consistent with the general plan and Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Terrace Hill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. 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. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is acceptable. SECTION 2. That the amendment of the approved tentative map for Tract 926 be subject to the following conditions: 1. Sewer mains as depicted on the tentative tract map shall be six inches in size except for Binns Court from Ella Street to first manhole which shall be eight inches in size. 2. New sewer mains shall be located in private streets within easements and dedication to the city to the approval of the City Engineer. ILZ Q0 U-W R-4892 Resolution No. 4892 (1982 Series) Page 2 Tract 926 3. Final map shall note that sewer ejector pumps may be required for the lower floors at houses built on Lots 10, 11, and 12. 4. Easements for existing sewer laterals shall be granted to adjacent lots along Sierra Way for sewer lateral connections to public sewer line traversing the tract (Sierra Way to Ella Street), to the approval of the City Engineer. 5. Water mains shall be constructed to city standards, and dedicated to the city in easements to the approval of the City Engineer. This includes a 10-inch main connecting the 12-inch main in Bishop Street with the 8-inch line in Ella Street. The city will reimburse development for the difference in cost of 10-inch line versus 8-inch line per standard city schedule. 6. Drainage improvements shown on the tentative map shall be installed to the e satisfaction of the City Engineer. This includes: --Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. --Drainage structures above proposed development areas to facilitate on- site drainage and above and below cut and fill areas to prevent slope failures under saturated soil conditions. —Storm drain improvements in Augusta Street between Bishop' Street and- San Carlos Drive. --Construction of a lined swale to preclude sheet flow to Sierra Way. 7. An "engineered grading plan" shall be required incorporating the recommendations of the geologist/soils engineer including required drainage improvements. A "contingency plan" shall be provided with the final grading plan for prevention of erosion and siltation with provisions for debris basins and/or sedimentation ponds in case of failure of a contractor to complete the work and erosion protection facilities prior to the rainy season. The start of grading and estimated completion dates must be shown on the grading plan. The grading plan shall be signed by the soils engineer/geologist. The soils report shall be noted on the grading plan and final map. 8. Subdivider shall install "no parking" signs and red curbing along private streets as required by the City Fire Department and City Engineer. 9. Traffic control signs and street lighting shall be installed to meet city standards and to the approval of the City Engineer. 10. Public streets shall be designed for a traffic index 4T.I.) of 5.5. Private Streets shall be designated with a T.I. = 4.0. Resolution No. 4892 (1982 Series) Page 3 Tract 926 11. Public utility easements shall be provided as required by the respective utility companies. 12. Final map shall contain a note that no structures or grading shall be allowed on Lot 28 (common lot) without city approval. 13. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CCSR's shall contain the following provisions: a. A homeowner's association to enforce the CCSR's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc., in first class conditions; homeowner's association shall maintain lot 28. of b. Grant to the city of San Luis Obispo the right to maintain common'area if the homeowner's association fails to perform and assess the home- owner's association for expenses incurred, and the right of the city to inspect the site at a mutually agreed time to assure conditions of CCSR's and final map are being met. c. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places, pursuant to California Vehicle Code Section 22658. e.. No outdoor 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 changes shall be filed with the City Clerk. 14. Units shall be numbered and addressed on streets as names per addressing plan attached as Exhibit A. Subdivider shall install director signs at project entrance to the approval of the Community Development Director. 15. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission, prior to city acceptance of the tract. e__K Resolution No. 4892(1982 Series) Page 4 Tract 926 16. Subdivision improvements may be phased at the discretion of the City Engineer. 17. Subdivider shall underground all existing utilities within the tract boundary. 18. Sewer and water charges are due, payable prior to recordation of the final map as determined by the City Engineer. 19. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist prior to final tract map for same. Analysis shall: —Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; e --Provide recommendations regarding soil grading and foundation criteria for proposed design; —Evaluate soil stability for both natural and graded slopes under static and earthquake conditions. 20. In the event that grading or other operations do uncover buried artifacts, al construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. 21. Street abandonments as specified in the phasing plan for PD 0644-A shall be initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by the City Council for possible revisions. 22. Subdivider sha]4.1 construct all public improvements within this tract shown on the preliminary development plan and required as conditions of same, approved by Ordinance No. 837 and on file in the City Community Development Department (as Planned Development rezoning PD 0644). 23. Full credit is hereby given to meet park dedication requirements, and no in lieu fees are required. 24. Construction activity shall be restricted to the weekday hours from 8 a.m. to 5 p.m. 25. In addition to normal review, the Architectural Review Commission shall give special consideration to landscaping, building design and site layout for the purposes of minimizing grading, visual impacts off-site, and intrusion on the privacy of residences on Sierra Way. Resolution No. 4892 (1982 Series) Page 5 Tract 926 26. The subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide for proper revegetation, slope stabilization and erosion control for the entire site, including Lot 29, and be responsible therefore for a period of 2 years from date of final acceptance. 27. The following notes shall be placed on the final map: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetating shall be native or naturalized '.to the area in order to conform in color and horticultural requirements with existing grasses. 28. Final map shall be consistent with phasing plan for PD 0644-A (Ordinance No. 931 ). _ _ --Provi-de recommendar 29. Subdivider may file separate final maps for Phase I and II. City Engineer and Community Development Director may, at their discretion, require any off-site or other phase improvements needed to serve this tract. On motion of Councilman Griffin , seconded by Councilwoman Dovey. and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 13thday of July ; 1982. c 'RI AL Mayo ante C. illig ATTEST: CityClerk Pamela Vef2ies (7- -�-a Resolution No. 4892(1982 Series) Page 6 Tract 926 APPROVED: City Administrative fficer City Attorney Community Development Director City En&neer �-as - ELLA GrF(EET 7. �n n U r I1 - ti4 71) / r U O b 0 Vti m i � en r. V ri ri \ ON ca r D ' I n. r' �r 1 r �} ."•1 N S N d r All N_ A n N m o t 0 � p z ro < - a N N ' ON 6 1302 SISROP ST N I m i • C D EAHIBIT A RESOLUTION NO. 5115 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE TENTATIVE MAP FOR TRACT 1034 LOCATED AT 1300 BISHOP STREET (LELAND TERRACE) . THIS RESOLUTION SUPERSEDES COUNCIL RESOLUTIONS NO. 4072 (1980 SERIES) , 4475 (1981 SERIES) , AND 4893 (1982 SERIES) . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the amendment to the tentative map for Tract 1034 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with toe general plan and Terrace Hill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. 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. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is found acceptable for this project. SECTION 2. That the amendment of the approved tentative map for Tract 1034 be subject to the following conditions: 1. Subdivider shall grant public utilities easements adjacent to private streets and driveways and over the entirety of common areas to the approval of the utility companies and the City Engineer. 2. Easements for public sewer and water lines shall be granted to the city, to the approval of the City Engineer. 3. Public water and sewer mains shall be sized to the approval of the City Engineer. 0114q 9R 511115 Resolution No. 5115 (1981 Series) Page 2 Tract 1034 4. A note shall be placed on the final map indicating that purchasers of units above the water service limit as determined by the City .Engineer shall be required to sign an agreement pursuant to California Administrative Code Title 22 acknowledging that water pressures would be less than 20 pounds per square inch under certain circumstances. 5. Subdivider shall install pressure booster pumps for units above the water service limit, as determined by the City Engineer, to the satisfaction of the City Engineer. 6. Subdivider shall install "no parking" signs and red curbing along private streets as required by the city Fire Department and City Engineer. 7. Subdivider shall install traffic control and street signs and red curbing along private streets as required by the city Fire Department and City Engineer. 8. Subdivider shall install traffic control and street signs as required by the City Engineer. 9. Bishop Street and local streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. - 4.0. 10. Street and driveway grades and alignments shall be subject to modifications to the approval of the City Engineer. 11. Drainage improvements approved as a part of the precise development plan for Leland Terrace portion of PD 0644 shall be installed to the satisfaction of the City Engineer. These improvements include, but are not limited to: —Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. —Drainage structures above proposed development areas to facilitate on-site drainage and above and below cut and fill areas to prevent slope failures under saturated .doil conditions. —Construction of a retention basin between the project site and the railroad to alleviate existing flooding on off-site residential properties or system to retain all of the increases in drainage from the site caused by its development or drain under SPRR. —Installation of an underground storm drain system in Bushnell Street between Haskin and San Carlos as specified by the City Engineer. 12. An "engineered grading plan" shall be required for all grading and site improvements. Grading shall be in conformance with the required geotechnical analysis for the site. The grading plan shall be signed by a registered geologist or soils engineer. Grading shall be inspected and certified by a registered soils engineer/geologist analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses to ensure compliance with recommendations in geo echnical analysis. -a9 Resolution No. 5115 (1983 Series) Page 3 Tract 1034 13. All on-site drainage structures, if required, shall be owned and maintained by homeowner's association, except for culvert between Florence and Bushnell Avenues. Easements shall be granted for said culvert to the approval of the City Engineer. See condition 11. 14. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions: A. A homeowner's association to enforce the CC&R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc. , in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC&R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles to be towed away on a complaint basis, which are parking in unauthorized places. 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 ali 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. 15. Unit driveways and private streets shall have street numbers per addressing plan as Exhibit A. Subdivider shall install directory signs at project entrances, to the approval of the Community Development Director. Street names as shown on the map are approved. 16. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission prior to city acceptance of the tract. 17. A note shall be placed on the final map that units constructed in this tract will be required to have Class A fire retardant roofs as specified in the Uniform Building Code by the authority of Uniform Fire Code Section l�b) . Resolution No. 5115 (1983 Series) Page 4 Tract 1034 18. A note shall be placed on the final map that all garages in the tract shall be equipped with automatic garage door openers. 19. Subdivider shall underground all existing utilities within the tract boundary. 20. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 21. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist prior to final tract map for same. Analysis shall: --Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; —Provide recommendations regarding soil grading and foundation criteria for proposed design; --Evaluate soil stability for both natural and graded slopes under static and earthquake conditions. 22. Landslides above proposed structures in PD Phase III and IV shall be completely repaired, consistent with geotechnical report. Remedial measures shall include: —Excavation of slide materials; —Keys, benchings and installation of subdrainage systems;. —Placement of engineered fill; —Revegetation on exposed surfaces. 23. The construction og Bishop Street extended shall be designed to the approval of the City Engineer. Off-site right-of-way may be necessary. Slope easements and/or retaining walls may be required. Provisions must be made to accommodate access to all lots of record. 24. Full street improvements consisting of curb, gutter, sidewalks, and street paveout are required along all frontages. Sidewalks shall be provided along private streets to the satisfaction of the Community Development Director. Bishop Street extension shall have a 64 ft. R/W and shall be improved with 30 . feet of street paving, 6-foot planter strip, and a 4-foot sidewalk on the northerly side of the street, with a generous number of street trees to provide a canopy for the road. 25. Street lighting on public streets shall be installed to city standards and to the approval of the City Engineer. Street lighting on private streets shall be installed as approved by the Architectural Review Commission. ` _�/ Resolution No. 5115 (1983 Series) Page 5 Tract 1034 26. Fletcher Avenue (new Bishop Street extended) between Bushnell and Florence Avenues, shall be improved with curb, gutter, and sidewalk adjacent to the subdivision, with 32-feet of street paving and an AC berm on the southerly aide. Bushnell Street between Fletcher and Haskin Avenues, shall be fully improved with curb, gutter and. sidewalk, adjacent to the subdivision, with 32 feet of street paving and an AC berm on the westerly side. 27. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaedlogist should then evaluate the discovery and recommend appropriate disposition of the resource. 28. Street abandonments as specified in the approved phasing plan for Phases III and IV shall be initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by the City Council for possible revisions. 29. Subdivider shall construct all public improvements shown on the preliminary development plan and required as conditions of the approved phasing plan for Planned Development rezoning PD 0644. 30. The following notes 'shall be placed on the final map: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetation shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 31. Final map shall dedicate access rights to the city along both sides of Bishop Street extension except for private street to Area 4 of approved development plan (PD 0644) and existing lots of record. :42._ . 1 a resaitgtisst shall be effee. tiue upon the effective date of Ordinance No.931 dam ;tia. W-7,, Ing this pro ty to R-1-40. In the event Ike,, : .14 parE pf&wove as yr beteve August 2q6, t91 , t1a#a ,resalatinn .ell re,. • :#aeata i e 4ereby appy shall 24 moniliafre e:.A-Ate of Of W53 _.. 3aitima,, 8411eea< eachby. 1ptter set#raat of 33, *9@WgwWtiaa acitolky. shall be. restricted to the weekday hours from 8 a.m. 34. The subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide for proper revegetation, slope stabilization and erosion control for the entire site, and be responsible therefore for a period of two years from date of final acceptance. Resolution No. 5115 (1983 Series) Page 6 Tract 1034 35. Subdivider shall maintain city access to the Terrace Hill water tank during construction of the subdivision, to the_approval of the Public Services Department. 36. Subdivision boundary shall be expanded to include portions of paper street rights-of-way relative to the abandonment of Baskin, Leona, Leland Terrace, and Buena Vista Terrace Streets, to the approval of the City Engineer. 37. Final map shall be consistent with phasing plan for PD 0644-A. 38. Subdivider may file separate final maps for Phase III and V. City Engineer and Community Development Director may, at their discretion, require any off-site or other phase improvements needed to serve this tract. 39. Tentative map approval is in effect until July 13, 1984. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Vice-Mayor Dunin NOES: None ABSENT: Mayor Billig -the foregoing resolution was passed and adopted this 17th day of May 1983. V c Mayor Ron Dunin ATTEST: _ . City Clerk Pamela V s Ci Administrative d1ficer City Attorney Community Development Director RESOLUTION NO. 4894 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1064 LOCATED AT 1300 BISHOP STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the tentative map of Tract 1064 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general. plan. 3. ft_M.phyisV Amv suitable for the type of development proposed. a 4. The site is physically suitable for the proposed density of development. 5. 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. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or.the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. ,� SECTION 2. That the approval of the tentative map for Tract 1064 be subject to the following conditions: . 4 1. Subdivider shall underground all existing utilities within the tract boundary. 2. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 3. Public streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. ='4.0. 4. Full street improvements consisting of curb, gutter, sidewalks and street paveout are required along all frontages. Sidewalks shall be provided along private streets to satisfaction of the Community Development Director. R-4894 1 Resolution No. 4894 (1982 Series) Page 2 Tract 1064 5. Grading shall be in conformance with the required geotechnical analysis for the site. The grading plan shall be inspected and certified by a registered soils engineer/geologist, as conforming to all requirements in the geotechnical analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses to ensure compliance with recommendations in geotechnical analysis. 6. Traffic control signs and street lighting shall be installed to meet city standards and to the approval of the City Engineer. 7. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. 8. Street abandonments as specified in the applicant's proposal shall be _ _ initiated and completed before the final map is approved. If the street abandonment for one reason or another is not approved, the final tract map shall be reviewed by the City Council for possible revisions. 9. Subdivider shall construct all public improvements shown on the preliminary development plan and required as conditions of same, approved by Ordinance. No. 837-and on file in the City Community Development Department (as Planned Development rezoning PD 0644). 10. The following notes shall be placed on the final maps: a. All exterior surfaces of structures shall be colored in natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetation shall be native or- naturalized to the area in order to conform in color and horticultural requirements with existing grasses. , A 11. Construction activity shall be restricted to the weekday hours from 8:00 a.m. to 5:00 p.m. 12. Subdivider shall maintain city access to the Terrace Hill water tank during construction of the subdivision, to the approval of the Public Services Department. 13. Fletcher. Street between Leona Street and Del Campo, shall be improved with full street improvements. 14. . Final map shall be consistent with phasing plan for PD 0644-A (Ordinance .`. No. 931 ). Resolution No. 4894 (1982 Series) Page 2 Tract 1064 On motion of Councilman Dunin , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 13th day of July , 1982. yo a anie C. Bil ig ATTEST: V Cit Clerk Pamela VOges APPROVED: Cit Administrative Officer lvva-4 City Attorney Community Development Director City Endiheer � 3� ORDINANCE NO. 931 (1982 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP OF THE CITY TO REZONE PROPERTY KNOWN AS TERRACE HILL FROM R-1, R-1 SPECIFIC PLAN, R-1 SPECIAL CONSIDERATIONS AND R-2 TO R-1 PLANNED DEVELOPMENT AND AMENDING BY SUPERSEDING ORDINANCE NO.837 (1980 SERIES) WHEREAS, the applicant, Cuesta Valley Properties, requested rezoning of the subject property from R-1, R-1 Specific Plan, R-1 Special Considerations ,and R-2 to R-1 Planned Development to construct 67 condominium units in two tracts and to create nine single family lots, to perform grading to construct public streets and certain on-site and off-site utilities and drainage structures, consistent with a proposed development; and WHEREAS, a focused environmental impact report was prepared for the rezoning and attendant development plan for revised area 1, 3 and 4 of said plan to address traffic and circulation, noise, storm drainage, geologic and seismic .safety and aesthetic impacts; and WHEREAS, the project focused Environmental Impact Report identifies significant adverse impacts which cannot be avoided - if the project is implemented, as follows; 1. The project design specifies extensive grading activities during site preparation, including substantial hillside cuts. Potential geologic hazards on the propgrty include expansive soils, landsliding and erosion of exposed hillsides. 2. Development on the site would increase surface runoff levels from the property and compound existing downstream ponding problems. Soil erosion during construction could degrade downstream water quality if grading occurs during the rainy season. 3. Residences would be constructed in a visually sensitive area of San Luis Obispo. New development would be visible from various parts of the city. It would also reduce the privacy of existing residents located immediately below the project area. 4. Cumulative noise generated by new traffic and on-going railroad activity would exceed acceptable noise levels for some proposed residences. 0-931 Ordinance No. 931 (1982 Series) Page 2 5. Access and circulation features of the proposed development would alter traffic patterns in the vicintiy of the site. If the South Street extension is built in the future, the 'residential character of Bishop Street would be adversely affected. 6. Some public facilities, specifically the elementary and junior high school and sewage lines, are currently at or over capacity and could be further strained by the addition of new development to this part of San Luis Obispo. WHEREAS, the Planning Commission and City Council has held public hearings on the project focused Environmental Impact Report in conformity with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines and on the rezoning request; and - WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for the subject property in accordance with Section 65800 et seq of the Government Code; and WHEREAS, the City Council concurs with the Planning Commission's finding ._that the project is consistent with the adopted general plan; and WHEREAS, the City Council finds that the modified development plan for the subject property responds to its unique charateristics by clustering development into three distinct areas and preserving open space for the benefit of the community is of exceptional design; and WHEREAS, the City Council finds that grading for the develoment in excess of that permitted by Section 9413 of the City Grading Ordinance is justified in that: a. Approval of this plan contains conditions imposed to restore the natural slopes of the hill destroyed by previous improper grading and provide for proper slope stabilization and erosion control. b. This property contains landslide areas which are a hazard to existing and proposed development and need to be removed as well as exposed cuts which need to be regraded to restore in partthe natural beauty of the hill. 0 1Ir 39 Ordinance No. 931 (1982 Series) Page 3 C.. Restoration of the hillside and removal of hazards in this case carry out the intent of this ordinance to preserve the natural form of the land wherever possible; and WHEREAS, specific mitigation measures have been imposed as conditions of approval of this project which substantially lessen significant environmental effects with the exception of impact on schools which is beyond the authority of the city to mitigate; and WHEREAS, the proposed zoning promotes the public health, safety and general welfare of the city and protects the welfare and privacy of adjoining properties. BE IT ORDAINED by the Council of the City of San Luis Obispo, as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and included herein by reference be reclassified from R-1, R-1-SP, R-1-S, and R-2 to R-1-PD (residential, low density, planned development). SECTION 2. That the proposed preliminary development plan on file in the city Community Development Department as PD 0644 consisting of a site plan, grading plan, public utilities plan and indicating on-site and off-site improvements to be cosntructed by the applicant is hereby approved subject to the conditions of approval: ., 1. Precise plan shall be submitted by the applicant and approved by the Planning Commission including the following: A. Revised site plan reducing the number of units from 91 to 76. Reduction of units shall occur by deleting Area 3 of the development plan. B. Street Lighting system for private streets. C. Detailed landscape planting to be installed by the applicant; plan is to be prepared by a licensed landscape architect using drought resistant native species where feasible or plant materials compatible to native species in form and growth habitat. Landscape planting shall include all erosion-control slope planting. 1W& Ordinance No. 931 (1982 Series) Page 4 D. Building design plans suitable for final approval by the City Architectural Review Commission consistent with conditions imposed on - the tract maps 926, 1034 and 1064. E. Improvements consistent with approved phasing plan (Exhibit "B"). F. Statement by the project architect listing all mitigating measures in the project EIR for impacts listed under noise mitigation, police protection, energy consumption and conservation and Items 3, 4 and 5 of visual quality and indicating how they have been implemented. G. A unit identification plan, addressing plan with directory at each entrance to site. 2. Areas 1 and 4 shall be further subdivided into planned development condominiums as specified in the approved plan for this rezoning request (PD 0644). 3. Applicant shall be responsible for controlling erosion on the subject property and shall assume liability for damage from erosion until such time as homeowner's associations assume responsibility and liability. 4. Applicant shall dedicate to the city, the area designated on the submitted site plan as proposed open space, together with Area 3 (Exhibit "A"). Dedication and revegetation shall occur consistent with approved phasing plan. It is the intent of the city to maintain the park as a passive, natural open space area. Revegetation plan shall be approved by the Community Development Director. 5. Applicant shall have a maximum of 3 years for the commencement of development of all phases of the Terrace Hill development plan. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 13th day of July , 1982, on motion of Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: Ordinance No. 931 (1982 Series) Page 5 AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle qorKa ante C. 1 g ATTEST: �-/2 tz Cit Clerk Pamelapg - APP RO City Administrative ffic City Attorney Community D velopment Director EX11161r A °F `r •'``�l r` pP 3 . p �+ K• R•I K•I R•I ORD.837-POM4 ®• -� REZONE R-/,R-/-S R-I•SP AND 8-2 ro R l-k6 "WRIT A TERRACE HILL PHASING PLAN PD 0644-A PHASE I Phase I improvements shall include the following: A. The intersection of Augusta Court and Bishop Street B. Augusta Court including curb, gutter and sidewalk. C. All public and private utilities, including sewer, water, gas, electrical, etc. , needed to serve Augusta Court. Primary dead end water lines shall be 10-inch lines or larger as required by the city utilities engineer. D. The twelve residential units on Augusta Court including fences, landscaping, . street furniture and other improvements as approved by the Architectural Review Commission for this area in the Buena Vista portion of the Precise Plan. E. All storm drains and drainage structures needed to construct and protect Augusta Court. Including: 1. The storm drain in Augusta Street from Bishop to San Mateo 2. Barrier wall and concrete drainage swale above Augusta Court 3. Concrete drainage Swale below Augusta Court F. Construction of the children's play structure at the end of Augusta Court. G. Terrace Hill open space+ dedication and revegetation plan shall occur with Phase I of the project per Exhibit A attached. H. Street improvements and driveway ramps along the project side of Augusta Street. I. The city engineer may require, at his discretion, any off-site or other phase improvements needed to serve this phase of the project. J. Phase I (recordation of Phase I final tract map for Tract 926) shall occur before all other phases of the Terrace Hill Development Plan. EXHIBairI PHASE II Phase II shall include the following: A. Binns Court, both public and private, Rristy Court and Kendra Court with all street improvements including streets, curbs and gutters and sidewalks. B, All public and private utilities, sewer, water, gas, electric, etc. , needed to serve the units of Phase T.I. Primary dead-end water lines shall be 10-inch lines or larger. al'1 C. The fifteen residential units on Binns, Rristy, and Rendre Courts including sidewalks, fences, landscaping and street furniture. D. All storm drains and drainage structures needed to construct and protect the units in Phase II. Including: private portion i . Barrier wall and drainage Swale above Rristy Court and the of Binns Court 2, Drainage swale below Kendra Courtprivate portion of Binns Court , the pr tlined in the E. At the completion of Phase II, all of the improvements as ou portion of the Precise Plan known as Buena Estates will be completed. abandoned in this phase. - F. William Street south of Binns Court will be off-site or other phase G.' The City Engineer may require, at his discretion, any improvements needed to serve this phase of the project. `J 3RRACE HILL PHASING PLAN I !%1;RFDh06441TAru,\;;1 iW V1,1W I'D PHASE III Phase III shall include the following: A. Bishop Street extended from Augusta Street to Fletcher Avenue and Florence/Raskin Avenue extension, constructed with full street improvements to include paving, curb, gutter, and sidewalks and street trees. Bishop Street extension includes pedestrian walkway and tree planting per planned development conditions. Bushnell Street shall be provided with one-half street improvements plus travel lane and A.C. berm. B. Foxfire Terrace and private driveways needed to serve the nineteen units on Foxfire Terrace. C. The construction of the nineteen residential units on Foxfire Terrace including all sidewalks, fences, landscaping and street furniture, and other improvements designated for this area of the Leland Terrace Precise Plan. D. All storm'dfarns rind,-drainage structures needed to construct and protect the units and lots of this phase. - This will include: 1. The detention basin between areas 1 and 2 of Leland Terrace or alternate acceptable to City Engineer. 2. The storm drain froi the project to the drop inlet at the Southern Pacific right-of-way 3. The drainage swale. above the units of Foxfire Terrace E. All public and private utilities including sewer, water, gas, electric, etc. , needed to serve the 19 units on Foxfire Terrace. Primary dead-end water line shall be 10-inch or larger as required by the city utilities engineer. F. Raskin from Leona to Florence Street extended; Florence from Raskin to Fletcher will be abandoned in this phase if not already abandoned. G. City engineer may require, at his discretion, any off-site or other phase improvements needed to serve this phase of development. TERRACE HILL PHASING PLAN PD 0644-A PHASE IV Phase IV shall include the following: A. Street .improvements on the subdivision side of Fletcher Avenue and del Campo Boulevard as required by the City Engineer. B. All utilities connected to Lots 1 through 9, including sewer, water, gas, electrical which are needed to serve these lots. C. Completion of Phase IV will include all of the improvements as shown on the improvement plans for this tract. D. Undergrounding of existing above ground utilities on the portion of Fletcher to be abandoned between Florence and Leona and the portion of Fletcher between Leona and Boulevard del Campo. E. The extension of Bishop Street to the intersection of Florence must be either bonded for or constructed. F. Fletcher from Florence to Leona; Leona from Fletcher to Bishop Street extended and Haskin from Boulevard del Campo to Bishop Street extended will be abandoned in this phase. G. City Engineer may require at his discretion any 'off-site or other phase improvements needed to serve this phase of development. TERRACE HILL PHASING PLAN PD 0644-A PHASE V Phase V shall include the following: A. Rennsington Terrace and private driveways needed to serve the 21 units which are a portion of Leland Terrace located inside Phase V of the Phasing Map. B. The 21 residential units in Phase V including sidewalks, fences, landscaping, street furniture and other improvements as shown on the Leland Terrace portion of the Precise Plan for this area. C. All public and private utilities including sewer, water, gas, electrical, etc. needed to serve the 21 units of this area. D. All storm drains and drainage structures which are part of this area, including the drainage swale above Rennsington Terrace. E. At the completion of Phase V all of the improvements as outlined in that portion of the Precise Plan known as Leland Terrace will be completed. F. Undergrounding of existing above ground utilities on the portion of Bushnell to be abandoned north of Haskin. G. Bushnell from Haskin to Rachel Court will be abandoned in this phase. H. Phase V shall not be occupied until Phase III public improvements are completed. . I. City Engineer may require, at his discretion, any off-site or other phase improvements needed to serve this phase of development. 0,647 d U Ir tL /' , bf -iW JNP• JI- .: Q a m q IS o 4 Le 1p 19 a o Lu d J .. _ u di rt: •` •! .r - - > .. a ]C O f J 1•`• •' ,•. " ' '/ ' - " 0.a kms:::, `... ; .. •+• .`mai � � `✓ �: • y �3�40 `� ,`t. -�!�:^ry...... _*�:..ii:�'• • • / ��►s p1 vu s •.. • •. ! i \ pwv�a Taa •yn•.•.w• Y,` r / yr VIE Q � y 0 • P Y i w ts ry �n :� '• , °• �S J f F LLL Pl a• 10 FIF �t.w';' 4 \ Ut Cgs � ` AVWA� � • `% rs ORD.831—PDM+ ®ago PROPOSED FAAW- ih,eq ti E"HIBIA "C" &74 ORDINANCE NO. 931 (1982 Series) FINALLY PASSED this 27th day of July , 19ppp� on motion of Councilwoman Dovey seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig lViodevar Ron Dunin ATTEST: City Clerk famel oges RESOLUTION N0. 5866 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAPS FOR TRACT NOS. 926, 1034,AND 1064 (TERRACE HILL PLANNED DEVELOPMENT, CUESTA VALLEY PROPERTIES, SUBDIVIDER) . WHEREAS, the City Council made certain findings concerning Tract Nos. 926, 1034 & 1064 as contained in Resolution Nos. 4892 (1982 Series) , 5115 (1983 Series) , and 4894 (1982 Series) ; and, WHEREAS, all conditions required per the above-said resolutions have been met or bonded for. NOW, THEREFORE, BE IT RESOLVED that final approval is hereby granted for Tract Nos. 926, 1034 & 1064, and the Mayor is authorized to execute the subdivision agreement. The Finance Director is directed to reimburse the subdivider in accordance with Item 5 of the subdivision agreement, upon acceptance of the work. 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 this 7th day of January 1986. 1 , oro MAY RON DUNIN ATTE 7 CI CLERK PAMELA V GES R 5866 EXI+i6iT a-1 Resolution No. 5866 (1986 Series) APPROVED: Administrative Offi er City Att ey S Fi n D ector L 24" ity Engineer a -6Z