Loading...
HomeMy WebLinkAbout02/04/1997, C-5 - FINAL MAP APPROVAL FOR TRACT 1827, LOCATED AT FLORENCE & BUSHNELL (RICHARD AND JENNIFER PORTER, SUBDIVIDERS) Council "..,D °e -q-97 j AGEn6A Repoizt CITY OF SAN LUIS 0RISP0 ,,-�"— FROM: Michael D. McCluskey, Public Works Directo 'R nom` Prepared By: Jerry Kenny, Supervising Civil Engineer 7!`� SUBJECT: Final Map Approval for Tract 1827, located at Florence&/Bushnell (Richard and Jennifer Porter, Subdividers) CAO RECOMMENDATION: Adopt Resolution approving the Final Map for Tract 1827 and authorize the Mayor to execute the subdivision agreement. DISCUSSION: This`vesting"tentative map for Tract 1827 was approved on November 21, 1989 per Resolution No. 6723. (1989 Series) to create 18 residential air-space condominium units within a common lot. The project, then known as"Fairview Station", was under constriction by the former property subdivider, "The Petra Group". The project was delayed by the presence of hazardous petroleum contamination (which has been removed)and that resulted in various legal actions and ultimate loss of the property by The Petra Group. The property was subsequently acquired by this subdivider. The new subdivider submitted a revised "planned unit development plan", which was noted in the January 4, 1996 Council Agenda report for consideration of a one-year time extension of the tentative map. The State legislature subsequently passed AB 771 which effectively extended the tentative map to 11-27-97. The revised"planned unit development plan"provides for: 1) Reducing the number of"air-space units" from 18 to create 15 "single-family lots", plus 2 "common" lots. 2) Creation of "lots" rather than "air-space units" and re-arranging the units within the property to eliminate the need to abandon a portion of the Bishop St. right of way, which was a condition of the tentative map-in exchange for"offsite dedication to compensate for the earlier proposed Bishop St. alignment across the SPRR to South St. The Council subsequently agreed to connect Bishop St. to Roundhouse, so it is mutually desirable to eliminate that condition (Environmental Condition 5.A and 5B, per said Resolution No. 6723) Offsite dedication is not required to be obtained by the subdivider and the City maintains its alignment preference. The revised "planned unit development plan" was subsequently approved by the Community Development Director as being in "substantial conformance" with the approved tentative map. The approved plans were then modified to accommodate the new design and the uncompleted conditions are currently being pursued under encroachment permits. Faithful Performance and Labor and Materials bonds have been submitted and the attached subdivision agreement which allows the recordation of the final map ,prior to completion of those outstanding improvements. All other conditions of the project (including CC&R's,required fees and bonds as noted on the FEE& Bond List attached to the subdivision agreement)have been met. Council Agenda Report-Final Map approval for Tract 1827 Page Two ALTERNATIVES: Option 1: Deny approval of the final map if the Council finds that conditions have not been satisfactorily met. FISCAL EMPACT: Normal maintenance of offsite public facilities (fire hydrants, street lights, water services, street improvements, etc.) CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. No other departments are affected. Attachments: 1 -Draft Resolution approving Final Map. 2-Map 3 -Resolution No. 6723 (1989 Series) 4-Final Map Checklist DevRev\...\t 1827 final map rep RESOLUTION NO. (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1827 WHEREAS,the City Council made certain findings concerning vesting Tract 1827, as contained in Resolution No. 6723 (1989 Series), and WHEREAS, the Community Development Director has approved certain modifications to the approved tentative map, requested by the Subdivider, finding that the modifications are in substantial conformance with the approved tentative map,which provide for: 1) A"planned unit development"containing 15 individual residential lots and 2 common lots,in lieu of 18 air-space condominium units on one common lot. 2) Arrangement of the lots to preclude the need for abandonment of a portion of Bishop Street and acquisition of offsite compensating right of way, pursuant to the above-mentioned resolution,and WIdEREAS,the appropriate fees have been received by the City, fisted in the attached Subdivision Agreement, marked Exhibit A, and WEEREAS, all other conditions required per said Resolution No. 6723 (1989 Series)have been bonded for and/or otherwise satisfactorily met, as noted in the said subdivision agreement. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1827 has been found to be in "substantial conformance" with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: j Resolution No. (1997 Series) Page two the foregoing Resolution_ was passed and ad'optdd this day of 1997: ATTEST: MAYOR Allen K:'Settle- CITY CLERK Bonnie Gawf Approved-is to Foran: _ TT J ey G. Jorgenson DevRev\..:.\11827 final iW.rep G x/f/ei 7- SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between RICHARD PORTER AND JENNIFER PORTER, 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 1827, City of San Luis Obispo, California, as approved by the City Council on the day of 199 The Subdivider desires that said Tract No. 1827 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. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY&ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, 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 comers 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. 2 C'�"(p 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$ 24,400.00 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 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 $ 1,025.00 for the City to inspect installation of said 3 C-X- 7 subdivision improvements, and verify 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 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. It is agreed that the Subdivider will furnish copies of the successful bidders 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 MAYOR Allen K Settle Rickrd H. orter ATTEST. I J i er T. P iter CITY CLERK Bonnie Gawf APPROVED AS 0 FORM: R Jotey G. Jorgensen Dev-reAtract-ms1t18271subagm.t 4 EJCIMIT 1 TRACT 1827 SUBDMSION AGREEMENT 1. The subdivider has paid a water acreage fee of$3,678.98 2. The subdivider has paid a water frontage charge to be reimbursed to the"Petra Group" of$69016.58 for 283 ft of frontage on Bushnell.(Pursuant to a reimbursement agreement) 3. The subdivider has paid a water frontage fee to the City of$7,140.00 for the Florence frontage. 4. The subdivider has paid a sewer charge to be reimbursed to the"Petra Group" of$2,936.69. (Pursuant to a reimbursement agreement) S. The Subdivider has submitted a monumentation guarantee of$1,800.00 to cover the installation of survey monuments, in accordance with the Subdivision Map Act. 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. 6. The subdivider has paid a Park-In-Lieu Fee of $ 23,885.00 7. The Subdivider has prepared Covenants, Conditions and Restrictions (CC&R's) to be recorded with the map. 5 % - ,o' Q EXHIBIT 2 TRACT 1827 FEE AND BOND LIST "BONDS" -IMPROVEMENTS: Amount Form/Surety Received 1. Faithful Performance(required prior to recordation) 100%Public Improvements& 15% Infl. & Contingency Off-Site Improvements $24,400.00 IF((F� �? 70 (Z Z7 2. Labor& Materials (required prior to recordation) 50% of Faithful Performance Off-Site Improvements $ 12,200.00 0--jqf (p7 ?� 3. Monumentation Trust Deposit $ 1,800.00 CD# 029 2 Al a 1 ti Z7 b FEES (PAID WITH FINAL MAP) Amount Account No. Received A. Park-in-lieu Fee $23,885.00 420.55.222.522 1 A-0 dk-9 V B. Sewer Fee (Reimbursement to Petra) $ 2,936.00 AO0,ZDn-4Z.0•(Vo(2- 27 'r5 3q, C. Water line(Reimbursement to Petra) $ 6,016.58 G01 mD. Water Acreage Fee(To City) $ 3,768.98 500.70.502.624 1'b 17 LS(e ttt*5- c'E. Water frontage (To City) $ 7,140.00 %0 ° (-LA?153W9 oF. Plan Checking and Inspection Fees ca 1. Plan Checking Fee $ 750.00 100.55.210.462 Pd 3/27/90 2. Map Checking Fee $ 675 + 804 It Pd 4/90 & 10/96 3. Construction Inspection Fee $13025.00 PQ 141014(o (u.nacx. l-dr-d o4 FS,h< w ) � aa-ms C) . Un Un CD 0 8 8505/000 $23885 . 00 6 C-.1O s LLJ P PJGG�� ��ysi �6 OdWdO L) oaeA3,lnoe 0 Ad N031 Z < 1S 13HOVN �! H o A s 0 n z o ch V) Q. T N N ~ RA BARBA SANTA Sh?EET ST N P sWOW 4 �r a$ a:)�i3;g x uaq _ �s _eo15 N @° U°gP`lg,w 9=i =5 gp ' c u ; W�EII r4S�tlo� o e C^� SOIIMS So SISVB r �- JK 3tE yo.r •. r All Jlh rs,a 9 (p JIF �-- -- - --- - - -- T - ---- -- � N a N m Ga !• m tl' T N 42 a vs r= 81 el L — I . i 0 I I iG9. J[QO. JIW AK :•I mK ,' �S L6 w _ N a ! If rp "S2 k ' Jim cc MIN CO a Ut be I r 0 Rm Y r d I 1 4 Is C\2� N ri / It 7 ,` ! r N "9F CD Ii 91 xvil I ! / / Nay a i I •.KJcm= ����� . b I I � I ,^ I �r M I I RESOLUTION NO.6723 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE MAP FOR TRACT 1827 LOCATED AT 980 FLORENCE AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the vesting tentative map of Tract 1827 and the Planning Commission's recommendations, staff recommendations and reports thereon, 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-S zone. 3. The design of the subdivision and the proposed improvements arc 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 casement for access through (or use of property within) the proposed subdivision. 5. The proposed project has been granted a negative declaration of environmental impact based on the following mitigation measures being incorporated into the project: a. The applicant shall provide for the future alignment of Bishop Street by the dedication of additional right-of-way south of the existing dedication with the proposed abandonment. b. The applicant shall dedicate a portion of the southeast corner of the property to allow for the development of an offset cul-de-sac for Bushnell Strcet if the Bishop Street ovcrpass is constructed. The cul-de-sac would be ncccssary to terminate Bushnell if the overpass is constructed because of the grade differential between the grades of Bushnell and the overpass. All buildings and improvements need to be appropriately set back from the cul-de-sac right-of-way. C. The applicant shall install one on-site fire hydrant adjacent to the driveway in the southwest corner of the project to the approval of the Fire Dcpartmcnt. d. The applicant shall incorporate building techniques such as use of windows with double glazing in appropriate locations to provide interior noise levels that conform with the 45 decibel interior standard in those units contained in buildings located along the westerly side of the site. C. A hazardous materials abatement plan shall be submitted to the Community Development Department and Hazardous Materials Inspector which includes: C'S iy 6723 Resolution No. 6723 (1989 Series) Tract 1827 Page 2 -- (1) A preliminary soils report including map and site history indicating the extent and location of contamination. (2) If soil contamination is found, the plan shall demonstrate how the site will be restored. (3) A building permit shall not be issued for the project until the site satisfies the requirements of the Community Development Director and Hazardous Materials Inspector with respect to the removal of hazardous materials and restoration of the site. SECTION 2. Conditions. The approval of the vesting tentative map for Tract 1827 shall be subject to the following conditions: 1. All lots shall be served by individual sewer, water and utilities_ All new utilities within the tract shall be placed underground in casements to the approval of the appropriate utility company and the City Engineer. Nater meters shall be clustered in the public sidewalk to the approval of the Public Works Department and the Utilities Department. 2. Final map shall show a6-foot .public utilities casement and Io-foot wide street tree casement along the project's public street frontages. 3. Final map shall note entire common lot area as a blanket utility casement (exclusive of buildings) acceptable to the utility companies and City Engineer. 4. All on-site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 5. On-site scwcr and water lines shall be private and maintained by the homeowner's association. 6. All grading shall comply with the recommendations contained in the soils report prepared for the property. 7. Subdivider shall install an on-site hydrant to the approval of the City Fire Department. S. Subdivider shall prepare conditions, covenants, 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 contain the following provisions: a. Creation of a homeowners' association to enforce the CC&R's and provide for professional, perpetual maintenance of all common arca including private driveways, water and scwcr mains, drainage, parking lot areas, walls and fences. lighting, and landscaping in a first class condition. C'S�l� Resolution N06723 (1989 Series) Tract 1827 _ Page 3 b. Grant to the city the right to maintain common area if the homeowners' 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 arc being met. C. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which arc parked in unauthorized places. C. 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. 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 15 days of any change in officers of the association. j. Provision of appropriate "no parking" signs and rcd-curbing along interior roadways as required by the City Fire Department. 9. All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 10. Subdivider shall install a unit identification plan with directory at each of the project entrances to the approval of the Community Development Department. 11. Subdivider shall install street lighting as determined by the City Engineer per City and P.G. & E. standards. 12. Project construction activity, including grading operations, shall be limited to the weekday hours from 8:00 a.m. to 5:00 p.m. and construction vehicles shall use Bishop ' Street via Johnson Avenue to access the project site. 13. The applicant 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. 14. The applicant shall install signage on Rachel and Bishop Streets to keep construction vehicles from using Rachel Street. Wording and precise locations of the signs shall be to the approval of the City Engineer and the Community Development Director. Resolution No. 6723 (1989 Series) Tract 1827 Page 4 SECTION 3. Code Reouircments. The approval of the vesting tentative map for Tract 1827 shall be subject to the following code requirements: I. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 3. Subdivider shall pay water and sewer charges and park in-lieu fees as calculated by the City Engineer prior to final map approval. Scwcr and water connections to the Bushnell Street sewer and water mains may require reimbursement for said mains to be paid prior to recordation of the final map. 4. Subdivider shall install one street tree per 35 feet of property frontage to city standards to the approval of the Public Works Department. 5. The subdivider shall install curb, gutter and sidewalk, and street pavcout along all Crontagcs. On motion of Councilwoman Rappa, seconded by Councilman Settle and on. the following roll call vote: AYES: Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution w•as passed and adopted this 21st day of November 1989. yor Ron Dunin ATTEST: . i City Clark Pam Voges, Resolution No. 6723 (1989 Series) Tract 1827 Page 5 APPROVED: City A inistrative Officer it / o / Gn4 . Community Development Director C-.5-17 MY Of San WIS OBISPO -eA FINAL MAP APPROVAL CHECKLIST r. PROJECT NAME MDIZRO (/(STS - �yyr(lNlGc� LO,eANcE (TISjyer DESCRIPTION LOT Coo ,,7e vtw1e1w MAP NUMBER 7R' 1492-7 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS # DESCRIPTION INITIAL 'DATE COMMENTS 1 GRADING Including planting &retaining walls V,81177 0y /'1.4A'f 1peirkp `m/vu 2 STORM DRAINS&DRAINAGE STRUCTURES 3 SEWERS&SERVICES 4 WATERLINES&SERVICES 5 FIRE HYDRANTS 6 CONCRETE Curbs and Gutters Sidewalks Driveways 7 STREETS&PAVING Pavement Signing,striping and curb painting 41,4 8 NON-CITY UTILITIES P.G.&E. — Electrical Street Lights Cable TV Telephone Co. Gas Company 9 FEES RECEIVED(Water,Sewer) 10 PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION rs17 i G-P sJ¢/etr 13 STREET TREES3,f 3v/c !.v UrcvGccS 14 OFFSITE WORK 'T 7 ae P v vsi Fox Pfr< 15 BONDIGUARANTEE deposited �% 16 PARK dedication or In-lieu fees r p� 17 Deposit Account Status Nf OTHER CONDITIONS 18 Board of Adjustments 19 Planning Commission 20 Architectural Review Commission 21 City Council 22 Abandonments 23 Other ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVA 52.81 PUBLIC SER49eEBAPPROVAL wolefJ O