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HomeMy WebLinkAbout09/21/1993, C-14 - REQUEST TO DEFER PARK-IN-LIEU AND WATER ACREAGE FEES FOR VILLA ROSA, TO ALLOW PAYMENT OF THESE FEES WITH THE CONSTRUCTION AND SALE OF EACH PHASE, RATHER THAN IN A LUMP SUM PRIOR TO OCCUPANCY OF THE FIRST UNIT OF THE ENTIRE DEVELOPMENT. ' r IIIN�IIpIIIIIIIIfII IN _ M ING DATE- , cityo san suis OBISPO -' COUNCIL AGENDA REPORT ITEM NUMBER: '/ FROM: Arnold Jonas, Community Development Director BY: Judith Lautner, Associate Planner SUBJECT: Request to defer park-in-lieu and water acreage fees for Villa Rosa, to allow payment of these fees with the construction and sale of each phase, rather than in a lump sum prior to occupancy of the first unit of the entire development. CAO RECOMMENDATION Adopt a resolution to: 1) Determine that allowing payment of park-in-lieu and water acreage fees on an incremental basis meets the intent of condition 10 of Resolution 7031 (1991 series) and consequently, the development agreement; and 2) Authorize staff to accept incremental payments of park-in-lieu and water acreage fees, for the Villa Rosa project, with the issuance of building permits for each phase of development. DISCUSSION Background Stan Bell, the developer of Villa Rosa, is asking for a deferral of his park-in-lieu and water acreage fee payments, in recognition of the discounted prices being paid by many of the buyers. City ordinances allow such deferrals to be made. EVALUATION 1. What kind of fees are these? The developer is asking for deferral of park-in-lieu and water acreage fees. Park-in-lieu fees are intended to provide parkland and improvements for the new residents of the development, and water acreage fees are intended to assure an adequate, good quality water supply for the new residents. The benefits from these fees, then, accrue to the persons who will be living in the residential development. 2 . The condition. The subdivision approval was with a condition: 10. The subdivider shall pay all applicable water and sewer and park-in-lieu fees at the time of close of buyer escrow and prior to final occupancy release of the first unit by City. [Resolution 7031 (1991 Series) ] The subdivision agreement, signed by the developer after subdivision approval, says: C-/VI*/ I��H�►�ii���►IIIII�Ipj�IlUlll MY Of san'tins OBISPO Mia; COUNCIL AGENDA REPORT Fee payment deferral request Page 2 The subdivider shall pay water acreage fees of $23,200 (11 .6 Ac X $2000/Ac) at the time of final occupancy of first unit per Condition 10 of Resolution #7031 . and The subdivider shall pay a park-in-lieu fee of $151,991 .00 at time of final occupancy of first unit per cond. 10 of Resolution #7031 (1991 series) . The subdivider's request is to allow these fees to be paid incrementally, rather than in a lump sum upon occupancy of the first unit of the project. The first payment (due now) would be for the first ten units, and would be approximately $20, 610. If the Council supports a change to the payment schedule, it should find that the change is consistent with the intent of the subdivision condition. 3 . Can it be done? The subdivision regulations say, about park- in-lieu fees: "The land shall be dedicated and the fees shall be paid at the time the final subdivision map is filed with the city, unless the body which approved the application approves a schedule for deferred dedication, payment of in-lieu fees, or improvement. " (M.C. section 16.40. 090B) The public services regulations say, about water acreage fees: " .. .such charges shall be payable in advance upon connection to the water system. " (M.C. section 13 . 04 . 090) Thus such fees can be deferred by the City Council. I 4. should it be done? The City Council should make a determination if this deferral is appropriate, and if so, why. In 1987, the City allowed the developer of the Parkwood Village Apartments (Southwood Drive) to pay park-in-lieu and construction unit fees over a period of 13 years, because 20% of the apartments (34 units) are being rented to low- and moderate-income tenants through the "Section 8" program (administered by the Housing Authority) . Therefore, a precedent for fee deferrals has already been set. Certain fees are -needed up front, to pay the cost of development. Costs for traffic signals, street improvements, and installation of utility lines must be paid before or as the costs are being incurred. Other fees, such as park-in- lieu and water acreage fees, are intended to improve the parks �II��►�NIIVIIIII�I� IIUIII city of san uuis OBispo COUNCIL AGENDA REPORT Fee payment deferral request Page 3 system and the water supply system, to accommodate the increased population represented by the development. These fees are not absolutely needed until the residents actually move in. Therefore, a deferral of such fees would not create an undue hardship upon the City. 5. Should the present request be approved? Deferred payments should routinely be allowed in cases where the project provides an unusual public benefit. The most likely extraordinary public benefit that a project could supply is the provision of lower-cost housing. In the Parkwood example, above, the Section 8 units were the justification for the fee deferrals. In the present case, approximately half of the development is targeted to moderate-income homebuyers, buyers who must qualify through the Housing Authority. (As of August 16, 9 of 16 homes sold or in escrow were discounted 10 - 35%. ) Because income from sale of the discounted units is less than from sales to non-qualified buyers, the developer has less (or no) profit to use in the construction of succeeding phases. Therefore, there is a reasonable need to defer the payment of fees until succeeding units are built and sold. Current City practice is to require payment of water acreage and park fees with the issuance of building permits for each phase of a particular development. The requirement imposed on Villa Rosa to pay the entire amount due prior to occupancy of the first unit constructed is an exception to normal process. Thus is would be reasonable and equitable in the present case to interpret the condition of approval as allowing incremental fee payment in conformance with usual practice. ALTERNATIVES The Council may, by motion, 1) determine that fee deferrals are not appropriate in this case; 2) continue action, with direction to staff; or 3) allow a different payment arrangement. FISCAL IMPACT The impact of fee deferrals over time is unknown. The primary costs would be bookkeeping and record-keeping costs and loss of interest. Negotiated agreements can include requirements for payment of interest. Attached: Resolution allowing fee deferral Ordinance no. 7031 Subdivision agreement Letters from applicant and representative explaining the request C-lam 3 RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE DEFERRAL OF PARK-IN-LIEU AND WATER ACREAGE FEES FOR VILLA ROSA (TRACT 2066) , AT 843 MUTSUHITO AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this council, after consideration of the staff report and the applicants' statements, makes the following finding: 1. Allowing payment of park-in-lieu and water acreage fees on an incremental basis meets the intent of condition 10 of Resolution 7031 (1991 series) and consequently, of the development agreement for Tract 2066. SECTION 2. Action. Staff is hereby authorized to accept incremental payments of park-in-lieu and water acreage fees, for the Villa Rosa project (Tract 2066) , with the issuance of building permits for each phase of development. 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 , 1993 . 4,e Resolution No. (1993 series) Villa Rosa fee deferral 843 Mutsuhito Street Page 2 Mayor ATTEST: City Clerk APPROVED: dittvAtt orn y C_ RESOLUTION NO. 7031 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE MAP FOR TRACT 2066, CREATING A 85-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 843 MUTSUHITO AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. VESTING TENTATIVE MAP. That this Council, after consideration of public testimony, Vesting Tentative Map 2066 and the subdivider's supporting information, the Planning Commission's recommendation, and the Community Development Director's recommendations and reports thereon, hereby approves Vesting Tentative Map 2066 creating a 85-unit, planned development residential condominium project, as shown in Exhibit "A" attached, with the following findings and subdivision exceptions, and subject to the following conditions: Findings 1. The design of the subdivision is consistent with the general plan, subdivision and zoning regulations. 2. The site is physically suited for the type and density of development allowed in an R-3-PD zone. 3. The design of the tentative map 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 easements for access through (or use of property within) the proposed subdivision. 5. The proposed subdivision has been evaluated under the California Environmental Quality Act and the City's Environmental Guidelines (Existing Facilities, Section 15301(o)), and the City Council hereby concurs with the Community Development Director's negative declaration, subject to the following mitigation measures (note: s asterisk refers to mitigation measures modified or added by the Planning Commission): C-/fry-b R-7031 Council Resolution No. 7031 1991 Series) Page 2 Land Use '✓ 'A. Developer shall provide a minimum sideyard setback of 16 feet for unit 80, with an architecturally compatible fence or wall, and a 10-foot wide landscaped planter for visual screening and physical separation. / 'B; Developer shall provide a minimum building setback of 20 feet for unit 31, s and provide a noise attenuation wall along the northeast property line of Lot 89 to protect residential uses from vehicle traffic and loading noise. The noise wall shall be architecturally integrated with the project using landscaping and architectural detail, to the approval of the Architectural Review Commission. C. Residential units with wall openings facing the C-S zone shall incorporate construction measures to ensure interior noise levels do not exceed 45 dBA (Ldn), to the approval of the Chief Building Official. An acoustic engineer shall recommend appropriate design measures for the units so that the 45 dBa sound level is not exceeded, and these measures shall be incorporated in the building plans. Such measures may include, but are not limited to double glazing, reduced window area, enclosed outdoor patios, and special wall assemblies. 'D. A declaration to buyer shall be included in California Department of Real Estate documents prepared for prospective buyers. The declaration shall advise buyers that project is located adjacent to manufacturing and service- commercial uses, and a homeless shelter. Industrial, service-commercial, and shelter related activities may occur in the area, including commercial truck traffic on Victoria Avenue. Traffic and Circulation Developer shall: l E. Contribute toward the cost of installing a signal at the Lawrence Drive/Broad Street intersection, prior to construction permit issuance. Contribution amount shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic increase (ADT) on Broad Street from Villa Rosa, OSH, and Stoneridge II, not to exceed 25 percent of the total cost of the signal project. F. Revise project design to provide a public street connection between Lawrence Drive and Mutsuhito Avenue via Victoria Avenue. Developer shall improve Victoria Avenue to city standards. y' G. Contribute toward the cost of installing a second eastbound left-turn lane from Broad Street onto Orcutt Road, prior to construction permit issuance. Council Resolution No. 7031 (1991 Series) Pa;e 3 Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt road. H. Contribute toward the cost of widening Orcutt Road to four lanes east of Broad Street, prior to construction permit issuance. Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt Road. I. Contribute toward the cost of installing a grade separation at Orcutt Road and the Southern Pacific Railroad right-of-way, prior to construction permit issuance. Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt Road. J. Revise the Orcutt Road driveway exit to restrict access to right-turn in and right-turn out only, to the approval of the City Engineer. Air Quality Developer shall: ✓ K Incorporate bike and pedestrian trails into the project design to provide the opportunity to connect with a planned citywide bike trail in or along the Southern Pacific Railroad right-of-way, near the northeast corner of the site. ✓ 'L. Grant irrevocable offer for public pedestrian and bicycle access easements from Broad Street to the future connection point at the site's northeast comer and along the former Pacific Coast Railroad right-of-way, and install footpath and bikeway improvements as approved by the Architectural Review Commission. V M. Contribute toward cost of installing a transit facility on the east side of Broad Street between Lawrence Drive and Orcutt Road. Costs shall include construction of a standard bus turnout, transit shelter, bus sign, trash receptacle, and installation of public art and appropriate landscaping. Contribution amount shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic increase (ADT) on Broad Street from OSH, Villa Rosa, and Stoneridge H, not to exceed 25 percent of the improvement's total cost. N. Follow Air Pollution Control District guidelines to reduce fugitive dust emissions during grading and site preparation, and exhaust emissions from construction equipment. Prior to construction permit issuance, the developer shall submit a plan describing measures to be taken during construction to reduce emissions, to the approval of the Community C-/'[r Council Resolution No. 7031 (1991 Series) Page 4 Development Director. Plant Life 'O. Site design shall be modified where feasible to preserve Eucalyptus trees, to the approval of the City Arborist and the Community Development Director. Where preservation is not feasible, the trees to be removed shall be replaced on a two for one basis with 15-gallon sized trees of a comparable ultimate size and longevity. Historic Resources V P. A qualified archaeologist will instruct the project's construction contractors in how to recognize resources that my be encountered. If excavations I encounter archaeological resources, construction activities which may affect them shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. Q. Brick work shall be incorporated into the development of the site to recall the historic use of the site. R. The historic significance of the site shall be documented through the use of a plaque, photographs and samples of the brick work incorporated into a marker or kiosk on the project site for public display, possibly in cooperation with the adjacent Orchard Supply Hardware project. General r� S. If the Community Development Director determines that the above mitigation measures are either infeasible or ineffective, the Director may modify the measures or add additional measures to better achieve the intent of the original mitigation.. Subdivision Exceptions The proposed exceptions to Subdivision Regulations to allow: A. Reduced street widths from 40 feet to 28 feet on Victoria Avenue, from 40 feet to 34 feet on Lawrence Drive, and from 40 feet to two 17-foot travel lanes on Nutsuhito Avenue; Council Resolution No. 1031 (1991 Series) Page 5 B. Reduced street yards from 15 feet to 10 feet for units 43, 67, 68, 69, 79, 84, and 85; and from 15 feet to 7 feet for unit 44. are hereby approved with the following findings: A. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modifications. B. The modifications will not be*detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity. C. Granting the modifications is in accord with the intent and purpose of the Subdivision and Zoning Regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city. Conditions 1. Subdivider shall submit a final map to the city for review, approval and recordation. 2. Subdivider shall provide individual utilities to each unit (telephone, electric, gas, water, and cable TV) to the satisfaction of the public utility agencies and the City Engineer. All new utilities shall be placed underground. Water meters shall be clustered in the public sidewalk to the approval of the City Engineer 3. Final map shall note a blanket easement over the common lot area, except under the structures, for access to, installation and maintenance of underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. /4. Final map shall show a 6-foot public utilities easement and 10-foot wide street tree easement along the project's public street frontages. 5. All on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 6. 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: J a. Creation of a homeowners' association to enforce the CC&R's and provide for professional, perpetual maintenance of all common area 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 homeowners' C-Oev. Council Resolution No. 7031 (1991 Series) Page 6 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. i 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. g. No outdoor storage by individual ,units except in designated storage areas. I 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 15 days of any change in officers of the association j. Provision of appropriate "no parking"-signs and red-curbing along interior f roadways as required by the City Fire Department. 'k. CC & Rs shall not prohibit outdoors clothes drying. 7. The portion of this site that participated in the McMillan Sewer Assessment District may sewer to the Orcutt Road sewer main (lots 1 through 31). The remaining lots 32 through 85 did not participate in said assessment district and must sewer to the Broad Street sewer main. If gravity sewering lots 45 through 55 to Broad Street is not feasible, those lots may be sewered to Orcutt Road provided all appropriate lift station fees are paid, as determined by the City Engineer. 8. The public water mains serving this site shall loop from the water main in Orcutt Road to the water main in Broad Street via the on-site driveway paralleling the easterly and northerly boundaries and connecting said streets. A second internally looped public water main may be constructed within the driveway lying southerly and southwesterly of the four, most northeasterly, buildings. All water meters shall be grouped in manifolds containing no more than 6 meters each, to the satisfaction of the City Engineer. C' Council Resolution No. 7031 (1991 Series) Page 7 All final grades and alignments of all public mains shall be subject to adjustments as determined by and to the satisfaction of the City Engineer and Utilities Engineer. �9. An easement for public water facilities shall be granted to the City and shown on the Final Map to the satisfaction of the City Engineer and Utilities Engineer. The easement shall exempt the City from all responsibilities for the replacement of any special pavements (other than asphalt concrete). 10. The subdivider shall pay all applicable water and sewer and park in-lieu fees at time of close of buyer escrow and prior to final occupancy release of the first unit by City. 11. Subdivider shall dedicate sufficient additional right-of-way at the easterly end of Lawrence Drive to provide for a vehicle turnaround and landscaped median, to the approval of the City Engineer. 12. Lawrence Drive, Mutsuhito Avenue, and Victoria Avenue shall be improved to the satisfaction of the City Engineer, based on the following standards: A. The subdivider shall improve Lawrence Dr. with a 4' detached sidewalk, landscaped parkway, curb and gutter on the southerly side, 34' wide street pavement (T.I. = 8.0) and A/C curb along the northerly side of the street. The proposed sidewalk may meander, but shall be at least 6' wide wherever connected to the curb, to the satisfaction of the City Engineer. The subdivider shall install a retaining wall and erosion control landscaping and irrigation along the northerly side of Lawrence Drive, to the approval of the City Engineer and the Community Development Director. B. Mutsuhito Avenue shall be improved with a 4' detached sidewalk and landscape parkway along both sides, a raised median island, and full-width street pavement (T.I. = 8.0). The median island and landscape parkways proposed in Mutsuhito Ave. shall be maintained by the Homeowner's Association. The width of the median island may require adjustment to accommodate access requirements needed by the Fire Department (min. 20' wide travel lane) and future truck traffic. /'C. Victoria Avenue shall be improved with 4' detached sidewalk and 6' landscaped parkway along the east side, with a 28' street paveout, and a 6" concrete curb or A.C. berm and landscaping along the west side. D. Interior streets shall be constructed using a T.I. of 5.5. 13. Final map shall note that all improvements within the Southern California Gas Company easement shall be subject to approval by said gas company. /Z Council Resolution No. 70'1(1991 Series) Page 8 14. All on-site grading shall be designed so as not to damage the off-site trees along the easterly property line. All on-site trees shall be labeled, and trees to be 3 preserved shall be protected during construction, to the approval of the City Arborist. Subdivider shall submit a tree protection agreement and acceptable surety to guarantee protection and/or replacement of trees to be preserved, to the approval of the Community Development Director. 15. The subdivider shall submit to the City Engineer a hydrology report, prepared by a registered civil engineer, for the proposed site development. 1 16. All boundary monuments, lot corners and centerline intersections, curb return points, and other survey data shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. "17. Subdivider shall install street trees along the Broad Street, Lawrence Drive, Victoria Avenue and Mutsuhito Avenue street frontages, to city standards, and to the satisfaction of the City Arborist and Architectural Review Commission. 18. Subdivider shall submit a common driveway agreement and easement for lots 88 and 89 to the Community Development Director for approval and recordation. 1 19. All grading shall comply with the recommendations contained in the soils report for the proposed site development. 20. All units shall be numbered in accordance with an addressing.plan approved by the Community Development Department. 21. Subdivider shall install a unit identification plan with directory at each of the project entrances to the approval of the Community Development Director. 22. Subdivider shall install street lighting as determined by the City Engineer per City and Pacific Gas and Electric standards. 23. Project construction activity, including grading operations, shall be limited to the ?C weekday hours from 7:00 a.m. to 5:00 p.m. 24. Subdivider shall submit a dust management plan to limit dust generation from construction activities on the site and from construction vehicles transporting soil to and from the site to the approval of the Community Development Director and the Chief Building Official. C-/4f-/3 Council Resolution No. 7031 (1991 Series) Page 9 25. In lieu of solar water heating as required by the Condominium Regulations, the developer may provide other energy-saving features, to the approval of the Community Development Director. Such features shall, as a minimum, provide equivalent long-term energy savings when compared to solar water heating (including installation and life-cycle operation costs), and shall consist of permanent features which are integral to the unit, such as dual glazing, thicker wall or roof insulation, or energy-saving space heating. If solar water heating is not installed, each unit shall be plumbed to accommodate the future installation of solar water heating, including piping and water storage location (tank need not be installed). On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard and Mayor Dunin NOES: Councilmember Roalman ABSENT. None the foregoing resolution was passed and adopted this 17th day of September 1991. ayor on Dunin ATTEST: Q_ � V Pam Voges, i Clerk C- /f/—/4d Council Resolution No. 7031(1991 Series) Page 10 APPROVED: City Administrdtivd O cer tv tto y Community Devellonnhent Director Public Wo D ector 1:. dot "t r .��s. � :: �::, � I - < 1:}tai„ •�.�[• �ro \, �, :t! t all R- 1 F to Go jL 1-5 I LIs sl OI �•— / �.: ll 6' 1.� sS�S' 'gip 1 J IY; rz Le C i' //.J r\i ''/. / /r�::' ! � ,:1Y,. ill::•�i_•�j�� y � e .0 •�/ i t �� . � :c 1_—anNanar��Nrstnrr� �� F � \ •1 '` 1 �`• , 1 ell• I ' ,1 �J• �� •� - - "` .a . r ' ' I .. 1 � � ;ntEt: 3oe13tln+rt • 1 - i W I ,11.1 I• 1'. 1 1 ::t •I K •� !• _ i••!• ,� —!!t . ill �{: ti ii l i r l i { t l� t 1 ,•.! �. l 11 II r I �IEII.;'_..• I 1.1I ( !i I?I:IM •...� iiI II1 Ii f ,Ilt 111 IIiII,!I;iil � I'.ki191� I�III !! ! ! , i I, •,.....11,,11 ►hI11 � _ 4r..16 EXHIBIT I EXHIBIT 2 TRACT 2066 FEE AND BOND LIST "Bonds" - Immrovements: Amount Form/Surety Received 1. Faithful Performance $290,000.00 Letter of Credit 4/22/92 J'{ 100% Public Improve & 15% Infl. & Contingency (MSB 7-184) Rough Grading/Erosion Control $ 22,000.00 Letter of Credit 4/8/92 (MSB 7-185) 2. Labor & Materials $145,000.00 Letter of Credit 4/22/92 JK 50% of Faithful Perf (above) 3. Monumentation Trust Deposit $ 1,200.00 Letter of Credit 4/22/92 J?C (MSB 7-186) Fees-(to be deposited prior to final map) A. Traffic Impact Fees 1. Traffic Signal - Lawrence Drive/Broad Street 0.25 x $ 125,000 = $ 31,250.00 uol�esNJ-o�O-sao $ 1,000.00 - Cash C7V#;s3C 4/22/92 $ 30,250.00 Letter of Credit 4/22/92 JR (MSS 7-187) 2. Second Eastbound Left Turn Lane - Broad/Orcutt 174/13200 x $ 35,000 = $ 460.00 3. Orcutt Road Widening 174/13200 x $ 400,000 = $ 5,273.00 4. Orcutt RR Grade Separation 174,13200 x $4,000,000 = S 52,727.00 S. Transit Facility 0.25 x $ 10,000 = $ 2,500.00 B. Plan Checking and Inspection Fees 1. Plan Checking Fee S 2,643.00 Paid 12/91 2. Construction Inspection Fee a. Rough Grading & Erosion $ 4,108.00 Paid 4/8/92 b. Public Improvements S 3,750.00 - Cash C&W 1536 4/22/92 Future Fees: Fees to be paid with building occupancy release per Condition 10 of Resolution #7031 (1991 series) . Note: Wastewater (Sewer) and Water impact fees are not applicable due to vesting map status prior to enaction of Ordinance #1200 (1991 series) 4. Water acreage fee $ 23,200.00 050-0017-071-020 11.6Ac x $2000/Ac 5. Sewer Lift Station Fee $ 153.55 052-0017-074-030 0.37 Ac x $415/Ac 6. Park-in-lieu fee $151,991.00 no3/t2066ex2 jm5 C- ice-� 7 a 4369h- 000 STANLEY E. BELL August 9 1993 ltE _ Arnold Jonas , Community Development Director At: 0 ly�i City of San Luis Obispo 900 Palm cm OF SAN LUIS Oa:S� San Luis Obispo , CA 93401 m ^ Dear Mryacnas :/4AV,r RE: PARK-IN-LIEU AND WATER ACREAGE FEES - TRACT #2066 Last Fridav in our conversation we discussed the water acreage fee of $23 , 200 and the park-in-lieu fee of $151 , 991 . As I indicated to you, this is truly a huge amount ( 5175 , 191 ) that the City is requesting at this time. As you know, approximately half of the homes at Villa Rosa are being sold at various discounts to people of modest incomes . As I am sure you are also aware , this is not the most robust economy that we have enjoyed. The first building of 10 homes is now complete and we have a loan commitment to start the next 16 homes . of the 16 homes we are currently starting, half are being sold to discounted buyers . Although our sales are good considering the economic times , the sales volume does not generate much cash flow and no profit at this time. As we have already paid in excess of 5102 , 000 in City fees , not including building permits , I would like to suggest that an irrevocable demand be placed in escrow to automatically pay the City the pro rata share of the above two fees . The parks and water systems are not used until such time as a homebuyer closes his/her escrow and so I don' t believe, from this perspective , it creates a demand on City resources . The incremental payment of these fees would not be unique to Villa Rosa as I know of at least two other instances that the City was able to accommodate the project in the above manner . i 've always thought that the condition was meant to be handled in an incremental fashion , which is fair to both the City and the developer. I would like to request an affirmation from the City to pay the fees concurrently as the homeowners ' escrows close . Arnold, I appreciate your understanding and help in this matter . If you have any questions or need more information , please call . Sincere y, Stanley E . Bell Villa Rosa Company Enclosures C- 14e-lr ( SOi ) 773 - 5069 160 SILVER SHOALS SHELL BEACH , CALIFORNIA 93449 A-45-92-CC STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 5th day of Mav by and between Villa Rosa Co. , A California Partnership, S. E. Bell, Inc. , A Calif crnia Corporation as general partner, herein referred to as "Subdivider, " and the CITY OF SAN LUIS OBISPO, herein referred to as the "City. " RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract No. 2066, City of San Luis Obispo, California, as approved by the City Council on the 5th day of Iry , 1992 . The Subdivider desires that said Tract No. 2066 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code) , and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, 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. 1 /9 A-45-92-CC 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 eighteen (18) months of said recording date., unless an extension has been granted by the .City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 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. 2 C- /4e..Z� No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council and has paid, or agrees to pay, the necessary fees as indicated on the attached Exhibits 1 and 2 . The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4 , Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $290, 000. 00, which is the amount of the estimated cost of said public improvements. (See fee and bond list, Exhibit 2 , attached, for tabulation of all fees and "bonds" . ) 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 3 -/44-.2/ defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 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 materials bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has paid the sum of $3, 750. 00 from which fee the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements, and for labor and material costs by City to install signs and striping within the public right-of-way as appropriate and certify that they have been completed in accordance with the plans and specifications. 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 4 C-IV.Z•Z filed with the City by the Subdivider and approved by the City Engineer and Community Development Director, are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 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 Villa Rosa Co. , A California Part a zhip o4 YOR S.E ell, Inc. , A California Cor oration, as General Partner ATTEST: a,,� I CIT CLERK APPROVED AS TO FORM: t ( rn City ngineer hb3/sub-e9r�2M5 jms 5 C. 23 EXHIBIT 1 TRACT 2066 SUBDIVISION AGREEMENT 1. The Subdivider shall pay water acreage fees of $23 , 200 (11 . 6 Ac x $2000/Ac) at time of final occupancy of first unit per Condition 10 of Resolution x#7031 (1991 series) . (Lots 1-89) 2 . The Subdivider shall pay a park-in-lieu fee of $151 . 991 . 00 at time of final occupancy of first unit per cond 10 of Resolution #7031 (1991 series) ) . 3 . The Subdivider shall pay sewer lift station fee for the Rockview/Johnson system of $153 . 55 (0. 37 acres x $415/Ac) , payable as noted in 2 above. 4. The Subdivider shall install all on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 5. The Subdivider shall install street trees along Broad St. , Lawrence, Victoria and Mutsuhito per condition 17 of Resolution #7031 (1991 series) to the approval of the Community Development Department and Public Works Department. 6. The subdivider has paid or posted surety to cover traffic impact fees as prescribed in Resolution #7031 (1991 series) as follows: A. Traffic & Circulation Fees - Paid as indicated 1. Traffic Signal - Lawrence Drive/Broad Street 0. 25 x $ 125, 000 = $31, 250. 00 2. Second Eastbound Left Turn Lane - Broad/Orcutt 174/1320.0. x $ 35, 000 = $ 460. 00 3 . Orcutt Road Widening 174/13200 x $ 400, 000 = $ 5, 273 . 00 4 . Orcutt RR Grade Separation 174/13200 x $4 , 000, 000 = $52 ,727 . 00 B. Air Quality 1. Transit Facility 0. 25 x $ 10, 000 = $ 2 , 500. 00 $1, 000 to be deposited in cash. The remainder in the form of an Irrevocable Commitment of Funds, Assigned Account or Bond. The $1, 000 will be used in conjunction with a special traffic signal study to be administered by City. h_3!12066ex1 jms Crawford Multari & Starr planning architecture • public policy August 24, 1993 Honorable Mayor and City Council City of San Luis Obispo Hand-delivered CITY COU;:r1L -.,d Dear Mayor Pinard and Council Members, !GAS C�:�rO. I am writing on behalf of Stan and Elizabeth Bell requesting a modification to a condition of approval imposed on the Villa Rosa project regarding the timing of payment for certain fees. Condition No. 10 of Tract 2066 states that ffe su ivi er s 1 pay applicable water...and park in-lieu fees at the time of close of buyer escrow and prior to final occupancy release of rhe,first unit by the City." In other words, the entire sum of these fees must be paid in advance of the construction and sale of most of the units. These fees total over$175,000, which we must pay in a lump stun now before proceeding with the construction of additional units. We do not request that the fees be reduced or waived, but simply that we pay them as additional phases and units are actually constructed and sold. As you know, we have completed the first phase of 10 units at Villa Rosa. We continue to believe that this project represents exemplary cooperation among the City, Housing Authority and private developers to produce high quality units at prices lower than market rates. Sales have been good, considering the economic times and market conditions,but the sales volume does not generate much cash flow (and no profit at this time). We are ready to build the second phase of 16 more homes. Half of these will be sold at discounted prices in accordance with our program. However, before we can proceed,Condition 10 requires that we pay the full water acreage and park in-lieu fees for all 85 units (again, over$175,000) in an upfront, lump sum. We have already paid over$100,000 in City fees (not including building permits) and paying the frill amount for water acreage and park in-lieu fees, frankly,jeopardizes our ability to proceed with the construction of additional units. We are asking that the Council allow the payment of these fees on appro rata.basis as additional units are built and sold. This would simply allow the payment to Ep_ pace with our construction, s es�h flow. We are quite willing to place an irrevocable demand in escrow on all units to automatically pay the City the pro rata share of the above two fees. We are, of course, open to other approaches to guarantee payment of the fees. We believe that there are several justifications for this approach. First, we suspect that had we and the Council really thought about the wording of the condition, we might have changed it at the beginning to allow pro rata payments as the units are actually built. In a relatively large (85-unit) project to be constructed in several phases over a few years as the units are sold, some phased payment of fees is surely reasonable. We believe that this approach has been used in at least two other multiple unit projects in the past. Second, this is an unusual project in that the developers are offering half of the units at below market rate prices; they have forsaken some potential profits, in cooperation with the City and Vila Rosa Park Fees Page Z Housing Authority, to help address a housing need in the City. Because cash flow and profits are so low under these circumstances, some relief from massive upfront cash outlays can be justified. The payment of the fees in this form is a genuine hardship. Third, the impacts to the water and park systems from the project are not realized until the units are actually built and people move in. Thus, it seems fair to allow the payment of fees to be "metered out" as the units are constructed and sold. In summary, we appreciate the cooperation and assistance of the City in making this project become a reality. We are confident that the first phase demonstrates our commitment to quality and to a program of discounted prices. The requirement to pay the park and water acreage fees for all the units now, makes proceeding with the second phase difficult. Thus, we respectfully request that Condition 10 be adjusted to allow the payment of these fees as additional units are built and sold. Thank you for your consideration. If you have questions or suggestions, please contact me or Stan. Sincerely, Michael Multari (on behalf of Stan and Elizabeth Bell) cc: Community Development, CAO, City Clerk