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