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.
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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
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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
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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
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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
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/ 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
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