HomeMy WebLinkAbout12/01/1992, C-10 - FINAL MAP APPROVAL FOR TRACT NO. 2094, A 5-LOT RESIDENTIAL SUBDIVISION AT 3450 BULLOCK LANE (JOHN MITCHELL & RONALD BALL, SUBDIVIDERS) .ate'
illlN�lVnll�lllllnl�l II MEETING DATE:
city of San Luis oBIspo Dec. 1, 1992
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM:
Wayne A. Peterson, Acting Public Works Di ect r /
PREPARED BY: C�
Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Final Map Approval for Tract No. 2094 , a 5-Lot Residential
Subdivision at 3450 Bullock Lane (John Mitchell & Ronald Ball,
Subdividers)
CAO RECOMMENDATION:
Adopt Resolution Approving the Final Map for Tract No. 2094.
DISCUSSION:
This is a re-subdivision of Tract 1672 to create 5 condominium lots for
21 units. The tentative map was approved on April 21, 1992 per
Resolution No. 8004 (1992 Series) . The previous Subdivider of Tract 1672
has constructed the required subdivision improvements, except for on-site
private common driveways and private landscaping adjacent to the creek.
Letters of Credit were received, along with an agreement to guarantee
this work ($16, 500 for Faithful Performance, $8, 250 for Labor &
Materials) under Tract 1672 , and have been assumed by the new owner, with
the bank's approval.
The on-site driveways will be constructed along with the residences. An
open space and public pedestrian access easement and agreement have been
received per Conditions 1 & 8 of Resolution No. 8002 (1992 Series) .
CC&R's have been submitted which will cover use and maintenance of common
driveway, etc.
The final map has been checked by staff and found to be in substantial
conformity with the approved tentative map and all conditions have been
met Or bonded for, as noted above, and/or are conditions of the building
permits.
SIGNIFICANT IMPACTS:
None.
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION;
The subdivider would not be able to record the final map nor sell the
lots. This does not appear to be a viable alternative.
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommended action.
�����►��►►►�IIIIII(Ilip1°j����ll city of San Luis OBlspo
COUNCIL AGENDA REPORT
Tract 2094 - Final Map
Meeting of December 1, 1992
Page Two.
ALTERNATIVES:
Option 1: Adopt resolution approving the final map and accepting the open
space/pedestrian trail easement for Tract No. 2094.
Option 2: Deny approval of the final map if the Council finds that all
conditions have not been satisfactorily met.
Attachments:
1 - Draft resolution
2 - Map
3 - Final map checklist
4 - Agreement
5 - Resolution No. 8002 (1992 Series)
6 - Fee and Bond List
7 - Open space/pedestrian access easement agreement
Jkin209441nai
by
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2094
LOCATED AT 3450 BULLOCK LANE
(John Mitchell & Roland Ball - Subdividers)
WHEREAS, the City Council made certain findings concerning
Tract No. 2094 as contained in Resolution No. 8002 (1992 Series) ,
and
WHEREAS, all conditions required per said resolution have been
met or are guaranteed by Letters of Credit on file, and the final
map is in substantial conformity with the approved tentative map.
NOW THEREFORE BE IT RESOLVED, that the final map for Tract No.
2094 is hereby approved and the open-space and public pedestrian
easement is hereby accepted.
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
1992 .
MAYOR
ATTEST:
CITY CLERK
Resolution No. (1992 Series)
Page Two.
APPROVED:
City Adm nistrative Officer
tt ney
Nn-0
Community Devel pment Director
City egineer
jkin2094-fimi
by
N
J lQ� LQ
9i W
CL
LAjYO V � a 5� b � y p � ; •I' � �ZL�� r'1
ul Z
i L s�7.tb
o
CQ
AL
NQ
rq-
1-.$ \ ry may. •.q �, �a
Ti4 CJS :
' a
9,
y r..ari i� l
ni.
8^ �� 9•��7 ,aa i
� ° �e � max• " ��' a 't
�C j{ 03
J ee r • 4
`V • K� O� � GO ��4
C Y ,
yp11
OS r µ`• r
.
s
wbi
A
•a
r /
city of San Luis OB)spo
FINAL MAP APPROVAL CHECKLIST
PROJECT NAME Willow Circle / Bullock Lane
DESCRIPTION Re-Subdivision of Tract 1672 into 5 lots for condo developments on each.
MAP NUMBER T2094 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
N DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING including planting &retaining walls M.J3. 11/11J192 Completed' witil previous tract
2 STORM DRAINS & DRAINAGE STRUCTURES if " " if
3 SEWERS &SERVICES If it is "
4 WATERLINES &SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS & PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical rr rr rr "
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water, Sewer) H.B.
10 PUBLIC IMPROVEMENTS payments received N/A
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION H.B. 10/11192 Letter. received from surveyor
13 STREET TREES To be installed w building permit
14 OFFSITE WORK Creek reve etation H.B. 11/10192 Bond transferred from previous tr ct
15 BONDIGUARANTEE deposited
16 PARK dedication or in-lieu fees H.B. 11/10 '92 Paid w previous tract
17 1 Deposit Account Status
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission-cimmiN r7Otv<ti,-"0*1 n AAi
20 Architectural Review Commission
21 City Council \
22 Abandonments '
23 Other Fire Dept. - fire sprin ersmeter $
( 'fe 1�.�' FR•n .M. !/fit -Srr�v,�.6 :.G✓,o cxL,f. v
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPR /
sxar PUBLIC SE FAeESAPPROVAL L — �Y�
GUARANTEE
to
City of San Luis Obispo
I. the undersigned, hereby pledge to the City of San Luis
Obispo, Faithful Performance and Labor & Materials "bonds" (Letters
of Credit MSB #7-155 and 7-156) in favor of the City of San Luis
Obispo in the amount of $16, 500. 00 and $8, 250. 00 respectively, to
guarantee the completion of subdivision improvements per city
approved plans, consisting of creek landscaping and garage door
openers for Tract 2094 per conditions of approval. In the event I
fail to install said improvements within 365 days from this date,
the City is hereby authorized to use any or all the proceeds of
said bonds as necessary to complete such construction. In the
event the City has to proceed with said completion and the lowest
responsible bid exceeds the deposit, then I agree to deposit such
additional funds within thirty (30) days after written notice
thereof.
PROPERTY OWN - SU I R
John MitAqfl
Roland 11
APPROVED:
City of San Luis Obispo
Date: r ��
JklA2o94•Tinel
'Ll-/0 7
RESOLUTION NO. 8002 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2094
LOCATED AT 3450 BULLOCK LANE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2094 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and proposed improvements
are consistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in an R-2-PD zone.
3. The design of the subdivision and the proposed improvements
are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement
will not conflict with easement for access through (or use
of property within) the proposed subdivision.
5. The Community Development Director has determined that the
previous negative declaration approved for the project (ER
2-89 is adequate.
SECTION 2. Conditions. The approval of the tentative map
for Tract 2094 be subject to the following conditions:
1. All requirements of Council Resolution No. 6627 (1989
Series- Tract 1672) and Ordinance No. 1149 (1989 Series - PD
1437A) shall remain in effect.
2. All lots shall be served by individual sewer, water and
utilities. All new utilities within the tract shall be
placed underground in easements to the approval of the
appropriate utility company and the City Engineer. Water
meters shall be clustered in the public sidewalk to the
approval of the . Public Works Department and the Utilities
Department.
R-8002
Am
Resolution No. 8002 (1992 Series)
Tract 2094
Page 2
3 . Subdivider shall submit a final map to the city review,
approval, and recordation.
4. Subdivider shall prepare covenants, conditions and
restrictions (CC&R's) to be approved by the City Attorney
and Community Development Director prior to final map
approval. CC&R's shall include the following provisions:
a. Creation of a homeowner's association to enforce the
CC&R' s and provide for perpetual maintenance of all
common areas including private driveways, sewer mains,
drainage, parking lot areas, walls and fences,
lighting, recreation facilities, and landscaping in a
first class condition.
b. Grant to the city the right to maintain common area if
the homeowner's association fails to perform and to
assess the homeowners ' 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 made.
C. No parking except in approved designated spaces.
d. Grant to the city the right to tow away vehicles on a
complaint basis which are parked in unauthorized
places.
e. Prohibition of storage or other uses which would
conflict with the use of garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or
trailers nor long-term storage of inoperable vehicles.
q. No outdoor storage by individual units except in
designated storage areas.
h. No change in city-required provisions of the CC&R's
without prior City Council approval.
i. Homeowners' association shall file with the City Clerk
the names and addresses of all officers of the
homeowners' association within fifteen days of any
change in officers of the association.
j . Provision of appropriate "no parking" signs and red-
curbing along interior driveways ' as required by the
City Fire Department.
Resolution No. 8002 (1992 Series) .
Tract 2094
Page 3
k. No prohibition on outdoors clothes drying.
5. Sewer and water mains shall be public and to city standards.
Easements over the main and access to mains shall be to the
approval of the City Engineer.
6. Final map shall note entire common lot area as a blanket
utility easement (exclusive of buildings) acceptable to the
utility companies and City Engineer.
7. All on-site driveways, nonstructural parking improvements
and utilities shall be installed as subdivision
improvements.
8. Subdivider shall dedicate a corrected easement over the
drainage channel and area within 20 feet from the top of
bank for access and maintenance to the satisfaction of the
City Engineer and Community Development Director.
9. All garages shall be equipped with automatic garage door
openers and occupants shall be provided with two remote-
control units.
On motion of Councilman Reiss
seconded by Gaimcilwagm Rama and on '
the following roll call vote: '
AYES: Councilm®Uers Reiss, Rappa, Pinard, Roa]m3n, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day
of -�P''i l , 1992 .
Mayor
ATTES .
V
City lark
C!io-�o
Resolution No. 8002 (1992 Series)
Tract 2094
Page 4
APPROVED:
City Admi istrative Officer
Y t ne
Community Develo me t Director
TRACT 2094
FEE AND BOND LIST
Bonds - Improvements (w/Tract 1674)
Recd
1. Faithful Performance (MSB #7-155)
Creek Landscaping $10, 000 (On file
Garage door openers (condos) 6 . 500 w/ Tr 1672)
$16, 500
2 . Labor & Materials (MSB #7-156)
Creek Landscaping $ 5, 000
Garage door openers 3 . 250
$ 8 , 250
3 . Monuments (in place) -0-
Fees
1. Final map checking fee $ 11000 7-17-92
2 . Park-in-lieu fee
Paid with Tract 1672 $43,989. 00 7-24-90
NOTE: Portion to be refunded due
to overpayment. with Tract 1672
3 . Water fees (previously paid under Tract 1672)
(No impact feees required with building permits).
4 . Sewer fees (to be paid with building permits)
Recording Requested by: APN#: 053-071-013
John R. Mitchell
3211 Broad Street, Suite 205
San Luis Obispo, CA 93401
When Recorded, return to:
City Clerk
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
OPEN SPACE AND PEDESTRIAN ACCESS EASEMENT
This indenture, made and entered into this day of
by and between ROLAND S. BALL AND JOHN R.
MITCHELL, hereinafter called "Owners" and THE CITY OF SAN LUIS
OBISPO, a municipal corporation of the State of California,
hereinafter called "City. "
WITNESSETH:
WHEREAS, Owner possesses certain property situated in the City of
San Luis Obispo, County of San Luis Obispo, State of California,
hereinafter described as "the subject property, " and more
particularly described in Exhibit A. attached hereto and by this
reference incorporated herein; and
WHEREAS, the subject property has certain natural scenic beauty
and existing openness; and
WHEREAS, both Owner and City desire to preserve and conserve for
the public benefit the great natural scenic beauty and existing
openness, natural condition and present state of use of said
property of the Owner; and
WHEREAS, the Owner has requested approval of Tract 2094 , a five
lot residential development of which 0. 60 ' acres would be
preserved in its present scenic beauty and existing openness by
the restricted use and enjoyment of said property by the Owner
through the imposition of a perpetual open space and pedestrian
access easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final
Tract Map for said development as required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a
grant to the City of a perpetual open space and pedestrian access
easement on a portion of said property, and
WHEREAS, the Owner is willing to grant the perpetual open space
and pedestrian access easement on said 0.60 acres as a part of
the subdivision approval; and
WHEREAS, the Owner has supplied City with a title company
Preliminary Title Report listing all trust deed beneficiaries and
mortgagees, if any, under prior recorded deeds of trust and
mortgages on the subject property.
NOW, THEREFORE, in consideration of the premises and in
compliance with Chapter 6. 6 of Part 1 of Division 1 of Title 5 of
the Government Code of the State of California commencing with
Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and the
substantial public benefits to be derived therefrom, the parties
hereunto agree as follows:
1. Owner hereby grants to City an open space and pedestrian
access easement in and to the -property described in Exhibit A,
said grant of open space easement conveying to City an estate and
interest in said real property of the nature and character and to
the extent hereinafter expressed and resulting from the
restrictions hereby imposed upon the use of said property by
Owner. To that end; and for the purpose of accomplishing the
intent of the parties hereto, Owner covenants on behalf of
himself, his heirs, successors, and assigns with the City, its
successors and assigns to do and refrain from doing severally and
collectively upon Owner's property the various acts hereinafter
mentioned.
2. The restrictions hereby imposed upon the use of said property
by Owner and the acts which Owner shall refrain from doing upon
the said property in connection herewith are, and shall be, as
follows:
a) No structure will be placed or erected upon said premises
except appurtenances for agricultural uses consistent with the
open space character and intent of this document.
b) No advertising of any kind or nature shall be located on or
within said premises except for one project identification sign
as approved by the City Community Development Department.
c) Owner shall not plant nor permit to be planted any vegetation
upon said premises except as may be associated with erosion
control consistent with the provisions of this agreement or as
otherwise approved by the City Community Development Director.
d) Except for the construction, alteration, relocation and
maintenance of trails and utility easements, the general
topography of the landscape shall be maintained in its present
condition and no topographical changes shall be made.
e) No use of said described premises which will or does
materially alter the landscape or other attractive scenic
features of said premises other than those above specified shall
be done or suffered.
f) Owner shall not cut timber, trees or other natural growth.,
except as may be approved by the City Community Development
Director for fire protection, or as required for thinning,
elimination or diseased growth and similar protective measures.
g) Owner shall not extract natural resources from said premises
except for development of water rights.
h) No lot split shall be permitted.
i) Solid fencing within the open space shall not be allowed.
Fencing design shall be appropriate to open space preservation
and shall be approved by the Director of Community Devleopment of
the City of San Luis Obispo.
3 . Land uses permitted, or . reserved by this instrument shall be
subject to the ordinances of City regulating the use of land.
4. This easement shall remain in effect in perpetuity.
5. The City shall have the right to construct public trails and
related improvements reasonably necessary for the public use and
consignment of the open space easement, and be responsible for
the maintenance thereof.
6. This grant may not be abandoned by the City except pursuant
to all of the provisions of Section 51061 of the Government Code
of the State of California.
7. This grant of open space easement, upon execution and
acceptance in accordance with Part 1 of Division 1 of Title 5 of
the Government Code of the State . of California commencing with
Section 51070, shall be deemed to be an enforceable restriction
with the meaning of Article XXVIII of the Constitution of the
State of California.
S. The trust deed beneficiaries and mortgagees, if any, listed
on the Preliminary Title Report referred to above, and whose
signatures are affixed hereto, do hereby assent to this grant of
an open space easement and, further, do hereby 'subordinate their
respective interest to the restrictions imposed by this grant.
9. The terms contained herein shall be binding on the parties
hereto and their successors and assigns.
10. This open space easement shall be effective upon the
effective date of recordation of Tract 2094.
cio-�
EXHI BIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 5 OF TRACT 2094 AS SHOWN ON
MAP FILE IN BOOK AT PAGE OF MAP
BOOKS IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA.
z0{. IRC-- S. L. 0. S U B U R B A N T R A. C T Lot 121
\Innr. w•r ns�.uL
r .� /• /•sws r...M.�x L.r.
cupme scla .. .. ....._.. i /Jf�'i
2.
LOT 4
;• /,/ ,' LOT 5 ll�
4e\ l�2 y Y•w j+Mr /XII / y j
' Q Jt a� +�� ITL•�.• /� 6 .'x! i"
J
I `0ld
� c r 1tJ+�• 1 � ��
<y
104
\ •m+uan Iun Lar..,.. r / �•
\ Ya�.[O[R{IWK RII 'O � \.all *� �' ,F• � .
eL r nL.aL LOT 3
arra\ wM u n 'rc.a1 /�+`�•. ��i�i •f � <•n
�•�d Gaw
.y 1 • a I
\ `�' '• LOT 1
LOT 2 '''• io a ^'
•��• .. r.. ,.•°� ,.• ,.
F L l•r r\ I�• 4•'7
'� • � � r•fes ewre * 7� \
cl
ar'
O
V
., �.• I I.w
Rb.:rlw.A Yl
we•.uL
A/.v /�
IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
BENEFICIARIES:
Mid-State Bank, as Beneficiary under a Deed of Trust Recorded
June 9, 1992 under Recorder's Series No. 38233.
TO-fF,ua 5gg d-I , 19 9
Date
�• WlS�mgr-I �Ic.� PRkhL�r�..cr
Print Name Title
SEP 2 9 1991
„vor 2141 Date
/71 a ;,•
Print Name Title
I )
STATE OF CALIFORNIA )ss.
COUNTY OF San Luis Obispo )
September 29 1992
F On P + ,before ma,the undersigned,a Notary Public in and for
m said State,personally appeared Gary Wiseman and
U
Linda Stahl ,personally known to me(or proved to me on the
E
a c basis of satisfactory evidence)to be the persons who executed the within instrument as
-
W
ii= E Vice Presidentand ASSt, Mor. X96"Naly,on behalf of
0
o Mid-State Bank
p U
o the corporation therein named,and acknowledged to me that OFFICIA:CA[IFGR?,NIA]
such corporation executed the within instrument pursuanttoits K L
. I by-laws or a resolution of its board of directors.
�® NOTARY PUBLICSAN LUIS OBIMY romm".w aap
-1 m_ WITNESS my hand and official seal.
1 �
N
O
� Signature 74 . (This area for official notarial seal)
�� ,lr
IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
OWNERS:
iioland S. B 11 Date
J h tchel Date
Attachments
Legal description, Exhibit- A
? TO 2930.12.90) 0 � TICOR TITLE INSURANCE
TO 1930113.901
I( eneral Acknowledgment)
S ATE OF CALIFORNIA l
�! LINTY OF n� ups VVI }SS.
On a eQsitctqhoicire mn,the dere' ned,a Notary Public in and for said State,
7 personally appeared
C
personally known to me(or pta><ed to me on the bans of
satisfactory evidence)to be the person(s1 whose name(s)
is/tre subscribed to the within instrument and
acknowledged to that he/shenbey executed the same OFFICIAL SEAL
in his/her/tjpjr authorized capacity(ies), and that by .� MELANDEES.KENITZ
� his/herttheir signature(s)on the instrument the person(s), NOTARY PUBLIC-CALIFORNIA
or the entity upon behalf of which the person(s) acted, SAN LUIS OBISPO COUNTY
executed the instrument. MyCAffa dirtEVIIM Sept.18,1883
8 tiTNESS my hand an official al.
g nature (This arta for offldal notarial Nal)