HomeMy WebLinkAbout05/16/1995, C-6 - FINAL MAP APPROVAL FOR TRACT NO. 1750 (UNIT 3), A 59 LOT RESIDENTIAL SUBDIVISION AT BROOKPINE DR. & IRONBARK ST. (ISLAY HILL INVESTMENTS, SUBDIVIDER) 9 IfI ry II �
IIIN�I�IIIIUIIInMEETING DATE:
ct o san pais oBi spo s- ZO-9 5
is COUNCIL AGENDA REPORT STEM NUMBER: A�
FROM: C,
Michael D. McCluskey, Public Works Director
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Final Map Approval for Tract No. 1750 (Unit 3) , a 59 lot
residential subdivision at Brookpine Dr. & Ironbark St. (Islay
Hill Investments, Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1750
(Unit 3) and accepting offsite water tank and access easements.
DISCUSSION:
The parent tentative map for Tract No. 1750 was approved on Sept. 18,
1990 by Resolution No. 6874 (1990 Series) . This is Unit 3 of that
tentative map, which is comprised of 6 units. Units 1 & 2 and Islay
Park are currently under construction. Tract 2135 is a Planned Unit
Development (PUD) resubdivision of 2 airspace condominium lots in those
units where existing homes are also under construction.
To comply with recent ADA requirements, sidewalks need to be located at
the back of driveway ramps and their cross-slope is limited to between
0 and 4 percent. This is the subject of another related agenda item.
The proposed plans provide for "detached" sidewalks, in lieu of
integral sidewalks, in areas where driveways are proposed. However,
this design is contingent upon the Council decision on the matter. If
the Council does not approve the subdivider's request, the plans must
be revised to provide for integral sidewalks, with necessary
transitions at the back of driveway ramps. A note to that effect is on
the plans.
Three (3) separate offsite easements have been submitted that provide:
a) the water tank site; 2) access to the tank; and 3) the watermain
extension from Tank Farm Road.
All fees have been received as noted on the attached Fee and Bond List
attached to Exhibit A of the subdivision agreement. Improvement plans
have been approved, subject to Council direction requiring sidewalk
revisions, as noted above.
The CC & R's have been approved for the unit. They include provisions
for maintaining the railroad buffer landscaping, bikepath, nonstandard
paving (associated with onsite public water, sewer and storm drains) ,
common utilities and other prescribed map conditions. They also
provide for annexing to a Master Homeowners Association for common
maintenance of a proposed detention basin to be installed in a later
phase subdivision, within the "parent" Tract 1750 boundary. The CC &
R's will be recorded with the final map.
A "lot line adjustment" was approved by the Community Development
Director which will adjust the property line between the Housing
Authority's lot and the subject tract as shown, to shorten the Ironbark
����n�i�►►�IIIIIIIIIP��u►����III city of San Js osispo
A COUNCIL AGENDA REPORT
Final Map Approval - Tract 1750 (Unit 3)
Meeting of May 16, 1995
Page Two
cul de sac as shown on the construction plans and map for Tract 1750
(Units 1 & 2) . This provides for the wider landscaped RR buffer,
bikeway, etc. , in accordance with the EISP. At the time of this
writing, all conditions for filing that parcel map are complete, except
the necessary tax certificates. The certificates are expected on
Monday, May 15th. The parcel map must be recorded "prior to" the
subject tract map. If the certificates are not received prior to the
Council meeting, staff may recommend continuance of this item.
The subdivider has, therefore, complied satisfactorily with the
respective conditions of this unit, except as noted above. The final
map has been checked and found to also be in substantial conformance
with the tentative map.
ALTERNATIVES:
Option 1: Adopt resolution approving the final map for Tract
No. 1750 (Unit 3) , accepting the offsite easements
and authorizing the Mayor to approve the subdivision
agreement. STAFF RECOMMENDED ACTION
Option 2: Deny approval of the final map if the Council finds
that any conditions have not been satisfactorily met.
FISCAL IMPACT:
Normal maintenance of public streets, sewer and water system
facilities, including the Islay Water tank.
CONCURRENCES:
The Community Development Director and City Attorney concur with
the recommended action.
Attachments:
1 - Draft resolution and subdivision agreement
2 - Maps
3 - Final Map Checklist
4 - Resolution No. 6874 (1990 Series)
G: \WP51\DReview\T1750\U3FinMap.rep
I
i
RESOLUTION NO. (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 3)
WHEREAS, the City Council made certain findings concerning Tract
1750 as contained in Resolution No. 6874 (1990 Series) , and
WHEREAS, all conditions required per Resolution No. 6874 (1990
Series) for Unit 3 of said Tract No. 1750 have been satisfactorily met
and/or are guaranteed under a Subdivision Agreement (attached Exhibit
"A") and surety to guarantee Faithful Performance ($ 2, 199, 600. 00) and
Labor & Materials ($ 1, 099,800.00) .
. NOW THEREFORE BE IT RESOLVED that: (1) final map approval is
hereby granted for Tract No. 1750 (Unit 3) ; and (2) the Mayor is hereby
authorized to accept three offsite easements for the Islay water tank,
access, and waterline purposes; and (3) approval of the Subdivision
Agreement.
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
1995.
ATTEST: MAYOR Allen Settle
CITY CLERK Diane Gladwell
APPROVED AS TO FORM:
�,G -3
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and
between Islay Hill Investments a California General Partnership,
their heirs and assigns, 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 the
final map of Tract 1750, Unit 3, City of San Luis Obispo,
California, as approved by the City Council on the day of
1995.
The Subdivider desires' that said Tract 1750, Unit 3, 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 Cod) ,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
1
D 71410000 $ 88090 . 84
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.
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 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
Article 5, paragraph 8771 et seq. , of the Professional Land
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
3
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 or under the direction of the Subdivider's Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide "as-builtn or record plans to the City at the end of
construction, prior to release of bond or acceptance of the
improvements. The Subdivider agrees to include the cost of this
work in the contract for the design work with the project engineer,
and shall advise the Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing within ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
2
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
$2.199,600.00, which is 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.
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
4
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 5'0% of the above described
subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $55,523.00, from which the
City will pay the salary and expenses of an inspector or inspectors
to inspect the installation of said subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision, " all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
executors, administrators, successors and assigns of the respective
Parties to this agreement.
5
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Islay Hill Investments, a
MAYOR Allen Settle California General Partnership
ATTEST: By Ancient Peak,
a California Limited
Partnership,
CITY CLERK Diane Gladwell General Partner
By Ancient Peak, Inc. , a
APPROVED AS TO FORM: California Corporation,
as Its Sole General
Pa ner
iA to ey
Ro n L. Rossi, President
By GMC Partners, a California
General Partnership,
Ge ral Partne
Pete J. /Paglielro,
General Partner
d K. Glick,
eneral Partner
Tommy Lo McGonagill,
General Partner
EXHIBIT 1
TRACT 1750 - UNIT 3
SUBDIVISION AGREEMENT
1. The Subdivider shall complete the creek protection and
restoration work, per Condition it of Resolution 6874 (1990
Series) for this unit within the time limits for improvements
under this Subdivision Agreement, and as shown on the
improvement plans. Subdivider shall maintain creek landscaping
until acceptance by City with future Unit 4.
2 . The Subdivider has paid a sewer lift station fee for Rockview-
Tank Farm sewer lift station of $3,847. 00 (9.75 acres x $131.55
x 3) , per Conditions 20 and 22 of Resolution 6874 (1990
Series) . Sewer "Impact fees" are not applicable, based on the
vesting map requirements.
3 . The Subdivider has paid water acreage fees of $28,720. 00 (14. 36
acres x $2,000/acre) prior to recordation of the final map, per
Condition 22 of Resolution 6874 (1990 Series) . Water "impact
fees" are not applicable, based on the vesting map
requirements.
4. The prior dedication of the 10.76 acre park site per Units ,l
and 2 fulfills the purpose of park-in-lieu fees for the entire
Islay area, and no future development within the Islay area
(Tract 1750) will be charged park-in-lieu fees.
5. The Subdivider has made the notification regarding water
shortages for all lots on the Final Map, per Condition 42 of
Resolution No. 6874 (1990 Series) .
6. The Subdivider has prepared Covenants, Conditions and
Restrictions (CC&R's) for all lots of the Final .map, per
Condition 44 of Resolution No. 6874 (1990 Series) .
7. The Subdivider has paid a monumentation guarantee of $4, 000. 00
to cover the installation of survey monuments in accordance
with the approved map and payment for same. Said deposit will
be released to the Subdivider upon receipt by the City of a
letter from the Engineer/Surveyor indicating he has completed
the work and has been paid.
8. Pursuant to Government Code Section 66474 . 9, the Subdivider
shall defend, indemnify and hold harmless the City and/or its
agents, officers and employees from any claim, action, or
proceeding against the City and/or its agents, officers or
employees to attack, set aside, void, or annul, the approval by
the City of this subdivision, Tract 1750, and all actions
related thereto, including but not limited to environmental
review and adoption of Ordinance No. 1179 (PD 1449-B) .
7
related thereto, including but not limited to environmental
review and adoption of Ordinance No. 1179 (PD 1449-B) .
9. The Islay Hill water tank required per Condition 21 of
Resolution No. 6874 (1990 Series) shall be in operation prior
to issuance of a total of 89 residential building permits
within Tract 1750 (Units 1, 2 and 3 except Housing Authority
units) , and Tract 2135, as modified pursuant to a letter dated
March 23, 1995 from Ron Whisenand to Bob Fowler.
10. Offsite easements for the water tank, access and waterline have
been submitted by the Subdivider and are to be recorded with
the final map.
11. Subdivider shall install integral sidewalk improvements with
transitions at driveways per ADA requirements, unless specific
approval for detached sidewalks is authorized by the City
Council, to the satisfaction of the City Engineer.
12. The railroad buffer area and detention basin (Lots 60 and 61)
shall be owned and maintained by the Master Homeowner's
Association and as prescribed in the CC&R's and Condition 17 of
Resolution No. 6874 (1990 Series) . Subdivider shall provide a
grant deed to Homeowner's Association prior to sale of any lot
within this unit.
13. Transportation Impact Fees are payable per Condition 52 of
Resolution No. 6874 (1990 Series) and pursuant to Ordinance No.
1256 (1994 Series) prior to issuance of building permits on or
after June 5, 1995.
14 . The Subdivider shall obtain the right to do offsite grading
within the Southern Pacific Railroad right-of-way to install
the detention basin as shown on the approved subdivision
improvement plans.
8
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city of San Luis OBISPO
i FINAL MAP APPROVAL
�=�- - .yL- CHECKLIST
PROJECT NAME Islay Hill Subdivision ( Thp A-r6ors)
DESCRIPTION 59 single family lot development
Tract 1750
MAP NUMBER Unit 3 SPECIFIC PLAN Edna-Islay REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
0 DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING Including planting &retaining walls H.B. / Rough grading under way, plans approlred
2 STORM DRAINS&DRAINAGE STRUCTURES it1 9Plans approved
3 SEWERS&SERVICES ++ n rr
4 WATERLINES&SERVICES ++ n u
5 FIRE HYDRANTS ++ n n
6 CONCRETE ++ n n
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights
Cable TV
Telephone Co. it u
Gas Company
9 FEES RECEIVED(Water,Sewer) S'
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met IV
12 MONUMENTATION
13 STREET TREES
14 OFFSITE WORK
15 BOND/GUARANTEE deposited
16 PARK dedication or In-lieu fees
17 D s
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission
20 Architectural Review Commission
2' City Council
Abandonments
23 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APP VALj(aau
52.81 PUBLIC SERVICES APPROVAL -17
RESOLUTION NO. 6874 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING
245 SINGLE-FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS,
AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY,
ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS
(TRACT 1750)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the subdivision request Tract
1750, the Planning Commission's recommendation, the Architectural
Review Commission's action, the Cultural Heritage Committee's
recommendation, the Parks and Recreation Commission's
recommendations, and staff recommendations and reports thereon,
makes the following findings:
1. The design of the tentative map and the proposed
improvements are consistent with the general plan and
specific plan for the Edna-Islay area.
2 . The site is physically suited for the type and density of
development allowed in an R-1-PD-SP and an R-2-PD-SP 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 improvements
will not conflict with easements for access through (or use
of the property within) the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision is substantially in compliance with
the Edna-Islay Specific Plan.
6. The City Council certified an environmental impact report
for the Edna-Islay Specific Plan in 1982 and has considered
that EIR and the addendum prepared to incorporate minor
modifications between Tract 1750 and the specific plan, and
finds that those two documents in combination are
ez'�d
Resolution no. 68.74 (1990 Series)
Tract 1750
Page 2
sufficient to assess any environmental impacts which would
result from project approval, and that the record as a
whole contains substantial evidence to support a
determination that the minor modifications to the project
approved by the Community Development Department are not
so substantial as to require major modifications to the EIR
and that the preparation of an addendum is sufficient.
7. This subdivision map approval requires the subdivider to
expend in excess of the amount specified in Government Code
section 66452.b(a) for public improvements outside the
property.
8. The increase in population near Islay Hill created by the
development of Tract 1750, and the granting of an easement
over the open space portions of Islay Hill within the
boundaries of Tract 1750, allowing public use of the
hillside, will lead to greater recreational use of the
hillside.
This increased use may need to be supported by physical
improvements on the hillside in the form of trails,
fencing, signing, or other improvements to increase public
enjoyment of the recreational use. It is reasonable for
the developer of Tract 1750, therefore, to pay to the city
the cost of installing trails on the hillside, to be used
for the purpose of providing physical improvements as
described above.
9. The proposed use of sound walls perform equally or better
than the concept shown in the specific plan, and the walls
are visually acceptable.
10. The various approval and reporting requirements established
by either existing city processes or specific conditions
of approval satisfy any applicable mitigation monitoring
program requirements and reduce the project's environmental
impacts to an acceptable level.
SECTION 2 . The tentative map for Tract 1750 is approved
subject to the following conditions:
1. Multiple final maps must be filed, in accordance with the
phases shown on the approved tentative map. Development
of the project is subject to existing city growth
management regulations, not to exceed 94 building permits
per year or one phase per year (phases 1 and 2 shall be
considered one phase) , whichever is more restrictive. Time
extensions for final map approval may be granted by the
city, up to the limits imposed by the Subdivision Map Act.
Resolution no. 687y (1990 Series)
Tract 1750
Page 3
✓ 2 . Development of the subdivision must be in accordance with
the Edna-Islay Specific Plan, except as specifically shown
on the tentative maps approved by the council on (date) or
as conditioned herein.
Fire Department requirements:
3 . Fire protection facilities required by the fire department
are to be installed by the developer. Such facilities,
including all access roads, shall be installed and made
serviceable prior to and during the time of building
construction.
✓ 4. Hydrants are to be spaced at 500' maximum intervals.
5. The subdivider shall pay $60, 000 to the city for a fast
response vehicle with off-road capability, to serve this
area. Payment of $60, 000, adjusted for inflation between
`•Wt1 ` tentative map approval and time of payment, shall be made
prior to approval of the final map for phase 6•.
✓ 6. All structures will require an approved, automatic fire-
sprinkler system, to the satisfaction of the Fire
Department. Minimum water services shall be one-inch
diameter.
7. The developer shall fund $10, 000 for their share of the
cost of a device that lets Fire Station 3 know when
i railroad tracks are blocked by a train at Orcutt Road, or
r� for three Opticom intersection controllers for responding
J'
fire apparatus.
S. A 20'-wide paved access road shall be provided through lots
:h 183, 184, and 185 to provide access to the open space area,
to the satisfaction of the Fire Department and City
Engineer.
i
9. Emergency access to the Islay Hill open space shall be
provided to the approval of the Fire Department.
Creek and detention basin requirements:
10. A minimum setback of 20 ' from the creek top of bank is
required for rear property lines or any improvements,
�j except for setbacks in a 320'-wide section shown on the
Creek Treatment concepts Plan, approved as part of the
tentative map, which shall be a minimum of 101 . No part
of the ten-foot buffer area is within the creek protection
area.
Resolution no. 6871 (1990 Series)
Tract 1750
Page 4
✓11. A creek protection and restoration plan must be submitted
with phase one improvement plans to the approval of the
i City Engineer and Community Development Director, along
Jr ' with improvement plans, consistent with the approved Creek
Concepts Plan. Such plan must show improvements to the
creek area included in the creek maintenance easement or
extending from the rear lot lines to the lot lines across
the creek, whichever is greater. Plans shall show all
landscaping and erosion protection methods. The protection
and improvement plan shall include a schedule for
implementation.
The top-of-bank buffer improvements adjacent to the turtle
habitat shall be installed as soon as possible to provide
immediate protection for the existing turtle population.
12. The creek crossing methods proposed for the
bicycle/pedestrian paths and for Orcutt Road must be within
the guidelines established in the Flood Management Policy
adopted by the city, unless an alternative is specifically
approved by the council.
13 . Fish and Game and Corps of Engineers permits shall be
obtained if required, for work within the creek and for
crossing the creek near the intersection of A Street and
Orcutt Road.
14. A team shall be established to select a consultant and
monitor a turtle habitat study. The team shall be made up
of representatives of the Department of Fish and Game, the
�vuw�l _ q San Luis Obispo Urban Creeks Council, the Community
Development Department, and the project applicant.
;� The team shall assist the city in selecting a qualified
consultant to conduct a turtle habitat study. The turtle
study should focus on the following goals:
a. Identify the essential habitat for the turtles (and
by extension, the frogs) .
b. Determine the size of the turtle population on
site, age and sex characteristics, and attempt to
identify nesting areas.
C. Identify specific essential habitat preservation
areas, if any, within the area designated as lots
184 through 206 on the tentative map, which should
be incorporated into the final project design.
e-4'Olt
Resolution no. 687Y (1990 Series)
Tract 1750
Page 5
d. Recommend any additional habitat protection
techniques to be incorporated into the final
project design.
Funding, not to exceed $10, 000, shall be provided by the
applicant. The study period will continue for a maximum
of 24 months, with a 27-month time limitation for both the
study and determination of implementation measures to be
required of the developer. The study period is to begin
when the consultant is hired and begins work. Where a
consensus or majority decision cannot be reached within the
study team, the Community Development Director shall make
the decision.
No work, except for temporary improvements that limit human
access to the riparian habitat, shall be conducted within
the study area, as defined on the Creek Concepts Plan
approved as part of this subdivision, prior to completion
of the turtle study. The need for additional environmental
review prior to approval of the final maps for phases 5 and
6 is to be determined by the Community Development
Director, and is subject to normal appeal procedures. All
necessary studies, enhancement measures, and site changes
shall be identified and reviewed by the City Council prior
to the recordation of final maps for phases 5 and 6.
The site design of lots 184 through 206 and the adjacent
streets will be adjusted in conformance with the
recommendations of the turtle study and to the satisfaction
of the Community Development Director and the California
Department of Fish and Game.
15. The design of the bicycle path within the creek
jy preservation area at the southerly end of the public park
! I" must-be in accordance with Fish and Game recommendations,
1 as shown on the Creek Treatment Concepts plan, approved as
part of this map, to minimize disturbance of the creek
preservation area.
16. The creek banks adjacent to Tract 1376 shall be revegetated
in accordance with the Creek Treatment Concepts Plan
approved as part of the tentative map. Work shall be
rcompleted prior to acceptance by the city of maintenance
of the area, to the satisfaction of the Public Works
Department.
. 17. The detention basin must be designed per standards
established by the Edna-Islay Specific Plan and to the
? satisfaction of the City Engineer. The basin shall be
< lw"` installed with the third phase of development shown on the
J
�•��at•
Resolution no. 687 { (1990 Series)
Tract 1750
Page 6
tentative map.
The detention basin may be fenced, at the developer's
option, and must be owned and maintained by the tract
homeowners' association. A maintenance schedule and
reporting procedure shall be submitted to the City Engineer
for review and approval. The schedule shall include
periodic reports to the city on the condition of the basin.
NP 18. Creek preservation and improvement areas shall be dedicated
to the city in fee.
Public Works requirements:
19. Orcutt Road shall be widened and improved along the entire
frontage as part of phase 4. Orcutt Road shall meet City
and county design standards with respect to super
elevation, vertical, and horizontal stopping sight distance
(55 mph design speed) , and shall include a bicycle path
within the roadway on the westerly side. Sight distance
at the proposed Orcutt Road/A Street intersection must be
evaluated as to adequacy. Existing road may require
regrading.
20. Modifications to sewage lift-stations and related
JI improvements may be required in accordance with the
i specific plan. The developer may be required to contribute
!?? towards these improvements in lieu of actual construction,
to the satisfaction of the Utilities Director.
J
21. The water tank proposed in the easterly portion of the open
.n space area, to supplement domestic water service, must be
`•. ?� installed and operating prior to the issuance of building
permits for phase 3 .
4
22. Water acreage fees and sewer lift station . charges are
required to be paid prior to recordation of the Final Map.
"23 . All lots must be served by individual water, sewer, and
utilities.
24. The construction of public streets shall comply with the
city's Engineering Standard Details/Specifications. the
Pavement Management Plan, and to the satisfaction of the
City Engineer. Street structural sections shall provide
for the ultimate design-life upon acceptance of the street
by the city. Phased construction of housing will require
the phasing of street construction or an increase in the
street structural section to compensate for the reduction
in the life of the street, prior to acceptance, from
e-G-�
Resolution no. 687y (1990 Series)
Tract 1750
Page 7
construction traffic.
25. The developer must dedicate vehicular access rights to the
city, along all lots adjacent to Tank Farm Road and Orcutt
Road, to the satisfaction of the City Engineer.
26. Phasing of this tract and utilities may require off-site
utility extensions within subsequent phases, to the
,,.. satisfaction of the City Engineer and Utilities Engineer.
27. At the time of development of phase 5, an emergency and
!' construction access road must be provided that continues
A Street to Orcutt Road, to the approval of the City
Engineer and Fire Department.
28. All grading and development improvements shall be done as
approved by the City Engineer and in accordance with the
recommendations per the soils report prepared by Pacific
�
r�\ f Geoscience, Inc. , dated July 5, 1989 and the Geotechnical
+'\ V Update and Plan Review by Gorian and Associates dated July
14, 1987 for Tract 1750, and any subsequent soils reports
requested by the City Engineer.
The grading plan for phases 5 and 6 must be approved by a
registered soils engineer and the City Engineer. The
grading shall be inspected and certified by the soils
engineer prior to installation of any subdivision
improvements or issuance of building permits.
The northwesterly limit of the landslide denoted as Q1t 1
shall be determined precisely in the field prior to final
map approval of the respective phase. The nearest lot line
shall be at least 50 feet from that boundary and the
adjacent lots shall be adjusted or deleted and Courts "H"
and "G" adjusted accordingly, except that property lines
may .not extend beyond that shown on the tentative map.
29. The grading plans for phases 5 and 6 shall include such
�i facilities and preparation so that individual lots will
not require offsite construction.
30. Individual lots on phases 5 and 6 shall have the foundation
N� �c design approved by a registered soils engineer. A notice
IL shall be recorded concurrently with the final map notifying
any purchaser of these lots of this requirement.
31. Additional soil investigations shall be done to ascertain
that the Rroposed water tank site and lots and streets
above and belowree p ases 5 and 6) are stable and
x suitable for development, to the satisfaction of the City
Resolution no. 687y (1990 Series)
Tract 1750
Page 8
Engineer, prior to final map approval. If evidence is
found that indicates any instability, mitigation measures
must be taken to remedy the instability, to the
satisfaction of the City Engineer, or the respective final
map shall be modified accordingly, as determined necessary
by the City Engineer and Community Development Director.
If these sites are required to be excavated and filled and
recompacted, the fill and recompaction should closely match
the original terrain, as determined by the Community
Development Director and Engineering Division staff.
\ � 32. Any existing mines encountered shall be abandoned in
Naccordance with State of California and local regulations,
to the satisfaction of the City Engineer.
33. Any slope instability observed during grading operations
and subdivision construction shall be evaluated by a soils
engineer and repaired to the satisfaction of the City
VJ Engineer and Community Development Director prior to final
yh acceptance of the respective phases. The final maps or
k separate recorded instruments shall note that (T)the city
reserves the right to withhold building permits on any lot
which appears to be threatened by slope instability.
34. The subdivider shall submit a report by a registered civil
engineer certifying that all building sites are not subject
to flooding during a 11100-year" storm, to the satisfaction
V41� of the City Engineer.
Parks and open space:
35. The neighborhood park may be completed in one phase by the
developer. The subdivider shall record a lien or
N alternative approved by the Community Development Director,
equal to $750 per unit for park improvements, to become due
and payable to a special fund, maintained by the city, upon
transfer of the lots or dwelling units. If the developer
chooses to develop the park in its entirety, without city
funding assistance, to the satisfaction of the Community
Development, Public Works, and Recreation Departments, the
city shall refund the amounts accumulated in the park
improvement fund to the developer after completion of each
phase as described on the approved park phasing plan
(approved as part of Tract 1376) , on a quarterly basis,
until all fees have been collected.
N 36. The hardscape areas in the neighborhood park shall be
installed in the first phase of Tract 1750. The remainder
of the park shall be completed in phases, as described in
r
Resolution no. 687y (1990 Series)
Tract 1750
Page 9
the approved park phasing plan, or all in one phase as
described in the preceding condition.
�� 37. The developer is responsible for securing access and
improvement rights, including maintenance by the city, for
the bicycle path under the railroad.
38. The Islay Hill open space shall be dedicated to the city
as part of the final map for phase 6 or earlier. Prior
\a to approval of the final map for phase 1, the developer
shall pay to the city an amount a e� qua€e to install the
proposed trail system, the amount to be determined by
�t estimates for the work and as approved by the Parks and
Recreation Director. This money is to be used solely for
t� physical improvements: the trail construction,
maintenance, or improvement of the Islay Hill open space,
as needed. The Parks and Recreation Commission will
periodically review how the hillside is being used, and
make recommendations to the council on the disposition of
the money.
39. Public pedestrian access to the Islay Hill open space shall
be provided directly from all streets adjacent to the open
t� space area, to the satisfaction of the City Engineer and
4 Community Development Director.
40. The open space beneath the existing power transmission
lines shall be a minimum of 100 ' wide. No structures shall
be allowed within this 100' area. A note shall be recorded
" for each of the lots adjacent to this open space area,
informing lot owners of the proximity of the power lines.
41. The Rodriguez Adobe park shall be dedicated to the city for
public park purposes, in or prior to phase 4 . The
V` Rodriguez Adobe will be restored by the city. The
developer shall contribute to its restoration by paying
one-half the restoration cost, up to a maximum of $100, 000,
upon demand by the city.
Water:
42 . The subdivider shall inform future lot buyers of the
possibility of building permit delay based on the city's
water shortage. Such notification shall be made a part of
Itap the recorded documentation for each lot.
Archeology:
43 . Grading plans must note that if grading or other operations
unearth archeological resources, construction activities
shall cease. The Community Development Director shall be
W
�.� '024
Resolution no. 687y (1990 Series)
Tract 1750
Page 10
notified of the extent and location of discovered materials
so that they may be recorded by a qualified archeologist,
the cost of which shall be paid by the developer.
Disposition of artifacts shall comply with state and
federal laws.
Homeowners' Association:
44. The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use, control of
nuisances and architectural control of all buildings and
facilities. These CC&R's shall be approved by the
Community Development Director and administered by the
homeowners' association.
The subdivider shall include the following provisions in
the CC&R's for the tract:
a. Maintenance of linear park, railroad buffer areas,
and all storm water detention basins shall be by
the homeowners' association in conformance with the
Edna-Islay Specific Plan.
b. There shall be no change in city-regulated
provisions of the CC&R's without prior approval of
the Community Development Director.
� Affordable housing:
Iry
% 45. Resale controls applying to the 23 affordable housing units
shall be administered by the Housing Authority and shall
remain in perpetuity. All affordable units shall be
required to be owner-occupied.
46. Development of homes on the small lots (phases 3 and 4)
shall be limited to approximately the square footage
proposed as part of the planned development preliminary
plan. Remodelling and additions to these homes in the
future shall be in accordance with the limitations in the
zoning regulations.
Transit system equipment:
47. The subdivider shall provide for street furniture and signs
' for transit systems, as well as bus turnouts if necessary,
to the satisfaction of the Mass Transit Committee, as
needed with each phase.
Hillside lots:
Resolution no. 687y (1990 Series)
Tract 1750
Page 11
Architectural review is required for all lots east of the
creek.
49. Except as shown on the tentative map, the maximum
streetyard allowed on lots adjacent to the hillside open
space is 201 . Streetyard exceptions, to reduce the amount
f of grading required for location of residences, will be
encouraged where no safety concerns are involved.
�J
All buildings on these lots must be within designated
building envelopes. Building envelope restrictions shall
be designated on a map to become part of the permanent
file, prior to recordation of the final maps for phases 5
and 6.
No solid fences shall be allowed at the rear of any lots
abutting the Islay hill or creek open space. Design
standards for fencing shall be developed, to be approved
by the Community Development Director and the Architectural
Review Commission.
Noise:
51. Noise walls on the single-family lots adjacent to the
railroad buffer area shall be set back at least 10 ' from
/ ) the property line, and the area between the wall and the
re'ri".{cct W l street landscaped with drought-tolerant shrubs and
r groundcover by the developer, to the approval of the
�f Community Development Director.
Fees:
All b'P 52j, The subdivider shall pay any applicable transportation
G_.5 impact fees adopted by the City Council, which are
anticipated to be adopted on or about July, 1992.
53 . The subdivider shall pay any applicable storm drainage fees
�V IT adopted by the City council, which are anticipated to be
adopted on or about July, 1992 .
54. Pursuant to Government Code Section 66474.9, the subdivider
1 shall defend, indemnify and hold harmless the City and/or
its agents, officers and employees from any claim, action,
or proceeding against the City and/or its. agents, officers,
or employees to attack, set aside, void, or annul, the
approval by the City of this subdivision, Tract No. 1750,
and all actions relating thereto, including but not limited
to environmental review and adoption of Ordinance No.
1179 (PD 1449-B) .
eV ���
Resolution no. 6874 (1990 Series)
Tract 1750
Page 12
On motion of Councilwoman Rappa
seconded by Councilman Reiss and on
the following roll call vote: '
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 18th day
of September 1990.