HomeMy WebLinkAbout05/06/1997, C2 - FINAL MAP APPROVAL FOR TRACT NO. 1750 (UNIT 4), A 74 LOT RESIDENTIAL SUBDIVISION AT BROOKPINE DR. & IRONBARK ST. (ISLAY HILL INVESTMENTS, SUBDIVIDER) council M°d�s=697
j aGEnaa RepoRt ,tam Nw ber
CITY OF SAN LUIS OBISPO
FROM:
Michael D. McCluskey, Public Works Director
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
, /� �
SUBJECT:
Final Map Approval for Tract No. 1750 (Unit 4), a 74 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 4).
DISCUSSION:
The parent tentative map for Tract No. 1750 was approved on Sept. 18, 1990 by Resolution No. 6874
(1990 Series). This is Unit 4 of that tentative map, which is comprised of 73 single family lots,plus the
Rodriguez Adobe"park"(Lot 74)to be conveyed to the City.
All fees have been received as noted on the attached Fee and Bond List attached to Exhibit A of the
subdivision agreement. Subdivision improvement plans have been approved and construction is
underway. The plans include reconstruction and some realignment of Orcutt Rd.,which has been
coordinated with the County, since a considerable portion of the work is within their jurisdiction. Offsite
R/W has been acquired and is to be accepted by the County.
The CC & R's have been approved for this unit,which include provisions for maintaining the sideyard and
drainage easements by the adjacent property owner, common utilities and other prescribed map
conditions. They also provide for annexing to the Master Homeowners Association for common
maintenance of a detention basin and a linear park, within the "parent" Tract 1750 boundary. The CC &
R's will be recorded with the final map.
A document will be recorded with the final map that limits the type and height of fencing adjacent to an
existing residence at the rear of Lot 38 (4543 Wavertree)to maintain visibility and solar access. This was
a compromise worked out by the Subdivider,the property owner and City staff to minimize the affect of
grading on the existing residence.
The subdivider has,therefore, complied satisfactorily with the respective conditions of this unit. The final
map has been checked and found to also be in substantial conformance with the tentative map.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that any conditions have
not been satisfactorily met.
Cts `�
Council Agenda Report-Tract 1750 (Unit 4)
Page 2
FISCAL IMPACT:
Normal maintenance of public streets, storm drain, sewer and water system facilities.
Acceptance of the Rodrigues Adobe and Lot 74 implies a commitment to pursue the retrofit and
maintenance of the adobe and to improve and maintain the"park site", in accordance with the
conditions of the tentative map. The Subdivider has submitted a$25,000 cash contribution and a
$75,000 bond as their share of this work, as noted in the subdivision agreement.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
Attachments:
1 -Draft resolution and subdivision agreement
2 - Maps
3 -Deed for Rodriguez Adobe lot.
4-Final Map Checklist .
5 -Resolution No. 6874(1990 Series)
Everyone\Council Agenda Reports\STAFF REPORT, T 1750(UNIT 4)
RESOLUTION N0. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750(Unit 4)
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 4 of said Tract
No. 1750 have been satisfactorily met or are guaranteed under the attached Subdivision Agreement
(Exhibit A)and surety to guarantee the Faithful Performance ($1,809,200.00)and payment for Labor&
Materials ($904,600.00).
NOW THEREFORE, BE IT RESOLVED that final map approval is hereby granted for Tract No.
1750 (Unit 4)and the Mayor is authorized to execute the Subdivision Agreement. The Grant Deed for
Lot 74 (Rodrigues Adobe and park) is hereby accepted on behalf of the City.
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 1997.
ATTEST: MAYOR Allen K. Settle
CITY CLERK Bonnie Gawf
APPROVED AS TO FORM:
ATTTTJeMv G. Jorgensen
Everyone\Council Agenda Reports\Staff Report,T 1750(Unit4)
c-a
Ex#i13i 7-
SUBDIVISION
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and between The Arbors-
San Luis Obispo, LP., A California Limited Partnership, 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 4, City of San Luis Obispo, California, as
approved by the City Council on the day of 19_
The Subdivider desires that said Tract No. 1750, Unit 4, 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.
r
1
n
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection
and approval of such facilities by the City, each public utility shall be required to file a
letter stating that the developer has properly installed all facilities to be provided by him,
and that the said utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall be
completed within eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed by acts of God or labor
disputes resulting in strike action, the Subdivider shall have an additional period of time
equivalent to such period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement Security filed pursuant to
this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil
Code of the State of California.
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.
2
ez -s
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.
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 total amount of $ 1,809,200.00, 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
3
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°x6 of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $44,765.00, from which fee the City will pay the
salary and expenses of an inspector or inspectors to inspect installation of said subdivision
improvements, and for labor and material costs by City to install signs and striping within the
public right-of-way as appropriate and certify that they have been completed in accordance with
the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all other
documents 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.
4
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
The Arbors - San Luis Obispo, L.P.
A Califomia Limited Partnership, By:
By: The Arbors - San Luis Obispo, GP, LLC
MAYOR a California limited liability company
General Partner
ATTEST:
By: Hearthstone Advisors, Inc.
CITY CLERK A California corporation
Manager
APPROVED AS TO FORM: B L'p Jam.. =
Richard 0. Werner
Chief Executive Officer
i o ey
By: e&,
City Engineer Peter ar
Senio ice resident
5
C2 - �
EXHIBIT 1
TRACT 1750 (Unit 4)
SUBDIVISION AGREEMENT
1. The subdivider shall complete the creek protection and restoration work, per
Condition 11 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 Unit 4.
2. The Subdivider has paid a sewer lift station fee for Rockview-Tank Farm sewer
lift station of $4,534.53 (11 .49 acres x $131 .55 x 3), per Conditions 20 and
22 of Resolution 6874 (1990 series).
3. The Subdivider has paid water acreage fees of $22,900.00 (11 .49 acres x
$2,000 /acre) prior to recordation of the final map, per Condition 22 of
Resolution 6874 (1990 series).
4. The prior dedication and improvement of the 10.76 acre park, per Conditions
35 and 36 of Resolution 6874 (1990 series) fulfills the purpose of park
dedication requirements for the entire Islay area, and no furure development
within the Islay area (Tract 1750) will be charged park-in-lieu fees.
5. The Subdivider has performed the notification requirement regarding potential
water shortages for all lots on the Final Map, per Condition 42 of Resolution
6874 (1990 series).
6. The Subdivider has prepared Covenants, Conditions and Restrictions (CC&R's)
for the Final Map, per Condition 44 of Resolution 6874 (1990 series).
7. The Subdivider has submitted a monumentation guarantee of $4,500.00 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 the
work has been completed the work and payment has been made.
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).
6
9. The Subdivider shall complete the Orcutt Road improvements per condition 19
of Resolution 6874 (1990 series) with this unit of Tract 1750.
10. The subdivider shall install a transit shelter and bench at the location of the
existing bus stop and slab on Tank Farm Road and Brookpine per condition 47
of Resolution 6874 (1990 Series)
11 . The subdivider shall install stop signs and related pavement markings at the
intersection of Wavertree & Ironbark.
12. Transportation impact fees are payable per Condition 52 of Resolution 6874
(1990 Series) and pursuant to Ordinance No. 1256 (1994 Series) prior to
issuance of building permits.
13. Per condition 46 of Resolution 6874 (1990 series), "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. Remodeling and additions
to these homes in the future shall be in accordance with the limitations in the
zoning regulations." A document is being recorded by the subdivider that
discloses these requirements to future property owners.
14. The subdivider is dedicating the Rodriguez Adobe Park (Lot 74) and structure
to the City in fee, as required per Condition 41 of Resolution No. 6874 (1990
Series). The $ 100,000 (maximum) contribution to the restoration of the adobe
is being met by payment of $ 25,000 in cash and submittal of a $ 75,000
performance bond to guarantee payment of the balance by the subdivider, upon
demand by the City. These funds are to be used for restoration and
preservation activities, solely for the Rodriguez Adobe.
7
Com-/o
1 .ti
0
a '
F-A
7:mp
�5 °a 5 r ° ° o c � N OO
m 0 0 0 o a s a. c. 5 m a c c o_ - v 00
cn y 0 a p CD
p' H o a a a c p a a a ° Lf)
(7 N2 a � n -, n ap' �' 3 � W N ron a� w N 9 c o. N
ll
an o .0 = n m n Cocco - a R r .0
T v O 3 n •�. N C tl C7 O C Gi Q 0 Q\
7 ca o ao '• 00 a o mn c a n c
^ 00 o �0 as n _ a 4 a w.
bw m 'o' = P ay 3 Z =
m a m m m o tf°o o N O (� H W a o °
0 to
CD CA
o
\0 a m — ° a0 d 'o a y p o
CD CD
rL
,„ ° x n 0 �e "
3 n o m rt m m0 3 f9 0 w o
x ° vi xCD
^ 5 n o y c o o6e 00
`^
V. S O N h9 O =0 R
A 00 + O w 64 H, m O 'r C�
0 0 o A n LA ^ fD 7 (D 07 H. .0.. O a c1 co
b O N 00 CO,
C• n \ v O N. 0 1, OK
CIO 0 (10 a o c0 m n D o O m
O , ^ ' Oa CL
Ll 0
n
m n O n
o < c
N
� Hm
Ea � m
ti.
o
4A ca to csi sv in tsi sn 64 6s y 66 v, ss �, •
00 d
O N N w
A N .•+ :O N O to A O J b O O to V O
�] lJ. H w N A O O V. A J 00 00
O "LA
O O O C� �] �1 N O
N WV O A O O O O O O O O O O C O O O A d
O
O O O O O tU.� 7 O O O C O O O y
O
to N It y1 j[
N
A w �
o s o i1 W 3 � y °
N O N o
x
333
�Y -Q v a
° W o w c e •�
so r 'e
9 0 r
60% po
0. 00 N 0. d14
A 00 A 1 \ Z\ \ \ \ W w
d O. O b all
v m O �O QD
ch O\00 CD
nt
e
B 8408N.000 342567 . 00 {C.2/1
xh \�
co
x
>o
a Q �
� z P
Yclo 02
-�
I q
U
• <a � 3p 6 b, QO
d
U moo, �•� �j �
- &OCK J
- m
SAW
C�-�z
M-ObTrY Of-WV 'dva,.7m.Lnos
19-9W-11 A'.7 d 19 107
2z
Qr Iq
rz)
Ci
Qs
Q8 a
FTI TV—il z
P
------------
-------- -------
----- ---------------
eg.2
ci
/ o J 01
� 2 6,11
I\�
zP N
I GAJ. , / / ♦ // ',,;:4°Y \ \�. N
Na
/ / ��'• / \
a /
4 u
'''e• Ht. N .�'J nom, `,t t1�, Lz Ci
00 to
� a
Via. •so i'' \ b 4
O \ \ '/ �• \
_._•_` \T1��� \ \ Ch
Ar
rr
Ch
to
RUE
Val
Ali
tag
10
�
k
",,.er No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
CITY OF SAN ItIS OBISPO
CITY CLERK q
990 .PALM STREET (/ `
SAN LUIS OBISPO, CA 93401 \1
PTN:53-091-33,34
DOCUMENTARY TRANSFER TAX$...................................................... SPACE ABOVE THIS UNE FOR RECORDER'S USE
......Computed on the consideration or value of property conveyed;OR
......Computed on the consideration or value less liens or encumbrances
remaining at time of sale. Signature of Declarant or Agent determining tax—Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE ARBORS-SAN LUIS OBISPO, L. P., A CALIFORNIA LIMITED PARTNERSHIP
hereby GRANTS) to
THE CITY OF SAN LUIS OBISPO
the real property in the City of SAN LUIS OBISPO
County of SAN LUIS OBISPO State of California, described as
LOT 74 OF TRACT 1750-4 ACCORDING TO THE MAP RECORDED , 1997
IN BOOK AT PAGE OF MAPS.
Dated
THE ARBORS-SAN LUIS OBISPO L.P. ,
STATE OF CAUF05NIA )ss.
COUNTY OF 6;54(p/J ) A CALIFORNIA LIMITED PARTNERSHIP
On •3 before me,
BY: The Arbors-San Luis Obispo G.P.
personally a ared 11-C. General Radler
BY: Hearthstone Advisors Inc. ,
personally known to me (or proved to me on the basis of satisfactory A California Corporation, Manager
evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/lhey executed the same BY
in his/her/their authorized capacity(ies), and that by his/her/their signa-
ture(s)on the instrument the person(s)or the entity upon behalf of which
the person(s)acted,executed the instrument.
WITNESS my had nd official a `
Signature
(This area for official notarial seal)
MAIL TAX STATEMENTS TO:
ley a IiAwlaNs
corrt�it.+tf)4�044
QMv
Notary Ptb9e—arVE .s Cotnm. ft;s' OCT 2J,199ft
1002 (1/94)
e.2-115
I.
. ..qr^,ai•;:o;;�,:dli°" s tins OBISPO 9�0
city o� an q,�
FINAL MAP APPROVAL CHECKL
0
PROJECT NAME .O-GT 175-0 /t' f�/c�/G G 5
DESCRIPTION 73 Lar 5iH L F_ r�e1J7- TZAC-r FOR xr q TD S,FL l3U(cT a
MAP NUMBER SPECIFIC PLANELZL_ REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING Including planting &retaining walls ,,� !/� v wdy4y w
2 STORM DRAINS&DRAINAGE STRUCTURES
3 SEWERS&SERVICES
d WATERLINES&SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS 8 PAVING
Pavement
Signing,striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical / *C AV 61774 Co
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) /I r G ��
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been metP ,,
12 MONUMENTATION / GD /63¢Ob ;LB7;ZZ-0610
13 STREET TREES
14 OFFSITE WORK °f r "4'se Vc 0 r.r Ar •y r
V)waft
15 BONDIGUARANTEE deposited / 3r Q L $. e
16 PARK dedication or In-lieu fees Ir q� d pt y ,romp foF parr ; Ti
LL7_j Deposit Account Status
OTHER CONDITIONS
18 Board of Adjustments _
19 Planning commission11A I
j
20 Architectural Review Commission q q
21 City Council
22 Abandonments
23 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APP VA
52.81 PUBLIC SERVICES APPROVAL C.2 L
l
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
41 -/7
Resolution no. 68.7q (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. 687 ! (1990 Series)
Tract 1750
Page 3
V/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
� r response vehicle with off-road capability, to serve this
� any area. Payment of $60, 000, adjusted for inflation between
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. 1.
7 . The developer shall fund - $10, 000 for their share of the
cost of a device that lets , Fire Station 3 know when
railroad tracks are blocked by a train at Orcutt Road, or
for three Opticom intersection controllers for responding
fire apparatus.
8. A 201 -wide paved access road shall be provided through lots
183, 184 , and 185 to provide access to the open space area,
to the satisfaction of the Fire Department and city
Engineer.
r� Cj 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,
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.
cam -/9
Resolution no. 687q (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
City Engineer and Community Development Director, along
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 representative§' of the Department of Fish and Game, the
San Luis Obispo Urban Creeks Council, the Community
�y 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.
CZ -ZO
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
preservation area at the southerly end of the public park
!� must be in accordance with Fish and Game recommendations,
(�•� 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
completed 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
installed with the third phase of development shown on the
L2 -.�
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.
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
} improvements may be required in accordance with the
specific plan. The developer may be required to contribute
( towards these improvements in lieu of actual construction,
to the satisfaction of the Utilities Director.
21. The water tank proposed in the easterly portion of the open
space area, to supplement domestic water service, must be
installed and operating prior to the issuance of building
v L permits for phase 3 .
J
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
C'.Z-2,
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.
r ,J� 6. 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
Jh. 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
Geoscience, Inc. , dated July 5, 1989 and the Geotechnical
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 Q15 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
�J facilities and preparation so that individual lots will
not require offsite construction.
30. Individual lots on phases 5 and 6 shall have the foundation
design approved by a registered soils engineer. A notice
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 proposed water tank site and lots and streets
above and Z-e-Vow Meet !'Wlashes _5 and 6) are stable and
` suitable for development, to the saFisfaction 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.
J�\ 32. Any existing mines encountered shall be abandoned in
accordance 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
Engineer and Community Development Director prior to final
acceptance of the respective phases. The final maps or
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
J to flooding during a '1100-year" storm, to the satisfaction
LY of the City Engineer.
Parks and open space:
35. The neighborhood park may be completed in one phase by the
N developer. The subdivider shall record a lien or
alternative approved by the Community Development Director,
equal to $750 er unit for
p park improvements, to become due
d( 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.
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
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
�\ to approval of the final map for phase 1, the developer
shall pay to the city an amount a equa a to install the
proposed trail system, the amount to be determined by '
estimates for the work and as approved by the Parks and
Recreation Director. This money is to be used solely for
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
space area, to the satisfaction of the City Engineer and
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
1 , 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
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
c2 - �S
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:
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
ttt 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. 6874 (1990 Series)
Tract 1750
Page 11
48 . 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
of grading required for location of residences, will be
encouraged where no safety concerns are involved.
All buildings on these lots must be within designated
building envelopes. Buildingenvelope 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.
50. 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
,r l the property line, and the area between the wall and the
,f7 H/ street landscaped with drought-tolerant shrubs and
( groundcover by the developer, to the approval of the
E,rVA 4-vnjCommunity Development Director.
•u�
Fees:
521, The subdivider shall pay any applicable transportation
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
adopted by the City council, which are anticipated to be
adopted on or about July, 1992 .
�vS 54. 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 No. 1750,
and all actions relating thereto, including but not limited
to environmental review and adoption of Ordinance No.
11_77 (PD 1449-B) .
« -2 7
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.
CZ -021