HomeMy WebLinkAbout10/07/1997, C-4 - FINAL MAP APPROVAL FOR TRACT 2211, A 48 LOT VESTING SUBDIVISION, WEST OF POINSETTIA, BETWEEN FULLER RD, AND GOLDENROD ST. (HERTEL & SONS, DEVELOPER, THE WILLOWS-SAN LUIS OBISPO., LP, SUBDIVIDER) councilq7
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C I TY O F SAN LU I S OBISPO •
FROM: Michael D.McCluskey,Director of Public Wor
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Final map approval for Tract 2211,a 48 lot vesting subdivision,west of Poinsettia,
between Fuller Rd.and Goldenrod St.(Hertel& Sons,Developer,
The Willows-San Luis Obispo.,LP, Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the Final Map for Tract 2211 and authorize the Mayor to execute the
subdivision agreement and accept various deeds for open space,street and sewer purposes.
DISCUSSION:
This "vesting" tentative map for Tract 2211 was approved on July 16, 1996 per Resolution No.
8574(1996 Series)which creates 43 single family residential lots, 3 lots for open space and creek
purposes to be owned by the City and 2 lots to be owned by the Santa Lucia Hills Homeowners
Association(HOA) for detention basin,community garden,pedestrian& bike path purposes. The
resolution includes 28 specified conditions of approval,7 environmental mitigation measures,and
5 code requirements all of which are required to be met prior to final map approval.A few of the
most prominent features of this subdivision agreement are detailed below.
FULLER RD.ACQUISITION
Condition 1 requires the Subdivider to acquire a small piece of"offsite" right of way (R/W) to
facilitate the full width of Fuller Rd.needed for full access to Tract 2211. The old Fuller Road was
created in the County as a 30 & wide private road on the recorded map of the "San Luis Obispo
Suburban Tract"in 1906. This road was not"offered"as a public road,although it was created as a
street to serve as"public"access to the respective lots within the subdivision. The County Board of
Supervisors only accepted the"offered"roads-that were at least 40 ft.wide. Thus the requirement
for acquisition and dedication was mandated in order to meet City standards. The condition further
requires the subdivider to improve the street to City standards. The remaining private Fuller Rd.
will remain in the County and be closed to through traffic but will allow access for emergency
vehicles to the site via Broad Street. Bike and pedestrian access will also be accommodated.
The subdivider's representatives have been negotiating with the owners of this property(the Fuller
family)and their attorney for several months in order to acquire the needed R/W and thus meet the
subdivision requirement. However,the acquisitionhas not yet been completed,due to failure of the
two parties to reach an agreement on the terms. The Subdivision Map Act (Section 66462.5)
requires the City to acquire the R/W by negotiation or commence "eminent domain proceedings"
(condemnation)"within 120 days of the filing of the final map",after all other conditions have been
met by the subdivider. Failure to do so would result in an automatic waiver of the condition.
Since this acquisition is crucial for circulation in order to provide for two-way traffic,staff does not
recommend that the condition be waived. Therefore, the City Attorney already initiated this
process by retaining Mr. Thomas D. Green of the firm"Sinsheimer,Schiebelhut& Baggett" as the
City's consultant to proceed with the condemnation action under a standard consultant agreement to
provide legal services. The subdivider has placed a$20,000 deposit with the City,in accordance
C- �l- 1
Council Agenda Report-Final Map Approval-Tract 2211)
Page two
with the subdivision agreement condition to pay all costs associated with the acquisition.
SEWER PLAN CHANGES
Condition 9 requires an easement for the "offsite sewer" in Fuller Road, which has been acquired
along the southerly 5 m. of the private portion of Fuller Rd., between this tract and Broad Street,
which will be recorded along with the final map. However, upon farther analysis, it was
determined that the proposed offsite gravity sewer would not be feasible at this time partially
because the initial low volume of flow from only this tract will not allow the 2 proposed inverted
siphons to function properly,because of the very flat slopes involved. It could be a maintenance
problem.
Therefore,until this situation is evaluated further under the current Edna-Islay Secondary Planning
Area Specific Plan and annexation studies, the Utilities Department agreed to allow an interim
sewage lift station to be installed at the intersection of Fuller Rd.and Larkspur St.,which will pump
the sewage via a force main in Fuller Rd. to a manhole in Poinsettia Street. Thus,there will not be
any reimbursement associated with this revised design,as noted in this condition.
Staff anticipates that this lift station will be eliminated in the future when a gravity sewer is
constructed in Fuller Rd.to Broad St.and northerly to El Capitan Street. Main extensions are being
installed with this project to accommodate this future connection, without having to disturb the
paved street It is probable that a larger lift station will still be needed,to be located somewhere
along Broad St,to serve a portion of the surrounding airport area and secondary planning area ,
proposed for annexation. The normal Tank Farm Rd.Lift Station Fee has been paid.
Per the above-referencedResolutionNo. 8574,"Environmental Mitigation Condition 7",required a
possible contribution by this subdivider towards a future gravity sewer in Tank Farm Rd., west of
Broad Street. However,the fee structure has not yet been determined and there is adequate capacity
for this tract to utilize the existing Tank Farm Rd. lift station, force main and trunk sewers.
Therefore,no fee was collected.
HIGH PRESSURE GAS MAIN
An easement is being dedicated on the map for the 16" high pressure gas main in its present
location,within the respective lots,in lieu of relocation of the main,per Condition 10. A document
will be recorded with the final map that discloses to future owners of the lots impacted by this high
pressure gas main, cautioning them and informing them of the requirement to obtain specific
approval by the Southern California Gas Co. regarding fencing,posts, grading,tree planting,etc.,
within the easement
HOMEOWNERS ASSOCIATION
The tract is being annexed to the existing Santa Lucia Hills HOA pursuant to Condition 16. This
provides for an expanded and modified detention basin, expanded bike and pedestrian pathways,a
community garden and enhanced landscaping to be owned and maintained by the HOA.
ARCH CULVERT/BRIDGE
The creek crossing on Larkspur St. is being bridged via a large steel pipe arch structure (28 ft.
diameter),which maintains a natural creek bottom. The design is similar to other nearby City-
approved structures and minimizes disruption of the creek habitat,with consideration of the"turtle
study" and other relevant environmental considerations. The arch structure has been approved by
c• V-z
Council Agenda Report-Final map approval-Tract 2211
Page Three
the Army Corps of Engineers(COE) and the California Dept. of Fish & Game (F&G). The City
required creek bank stabilization work has not yet been approved by the COE,but is expected to be
approved in the near future. However, until that approval is received, the contractor may not
disturb the.creek,except as approved for the arch structure. At this late date,it is probable that the
creek bank stabilizationwork will be done after the rainy season.
CONFORMITY WITH TENTATIVE MAP
The subdivision improvement plans have been approved for the tract and construction is currently
underway. The subdivider has submitted bonds to guarantee installation of the subdivision
improvements under the attached subdivision agreement, which allows the final map to be
recorded. The final map includes only 43 residential lots vs. 44, as shown on the tentative map.
Two lots were combined at the northwest comer of Larkspur St. and Goldenrod Ln., due to creek
setback and resulting lot area limitations. The final map has been found to be in substantial
conformity with the approved tentative map and all other conditions of the project related to the
map, including CC&R's, a common driveway agreement, fees, etc. (See attached subdivision
agreement)
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that conditions have not been
satisfactorilymet.
FISCAL IMPACT:
Normal maintenance of standard public facilities.(Larkspur St. arch structure,storm drains,water
and sewer mains,sewage lift station,fire hydrants,sheet lights,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(incl. Subdivision Agreement)
2-Maps
3 -Resolution No. 8574(1996 Series)
4- Subdiv.Map Act-Section 66462.5
5-Letter-John Adams to J Jorgensen(9-8-97)
6-Letter-J Jorgensen to John Adams(9-12-97)
7-Final Map Checklist
Everyone\...\City Council ReportsVinal map report-T2211
C- dl-3
RESOLUTION NO. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2211.
WHEREAS,the City Council made certain findings concerning vesting Tract 2211,as
contained in Resolution No. 8574(1996 Series),and
WHEREAS,the subdividerhas submitted surety bonds in the amounts of$ 700,000
(Faithful Performance)and$350,000(Labor&Materials)to guarantee installation of the
subdivision improvements per approved plans and the required fees have been received,
in accordance with the attached subdivision agreement,marked"Exhibit A",and
WHEREAS,the subdivider has not acquired a portion of necessary Fuller Road offsite right
of way(R/W),pursuantto ConditionNo. 1 of said Resolution 8574(1996 Series)and
the City Attorney has,therefore,hired a legal consultant at the cost of the subdividerto commence
eminent domain(condemnation)procedures in order to acquire said R/W,as prescribed in the
attached SubdivisionAgreement,pursuant to Section 66462.5 of the California Government Code
(SubdivisionMap Act).
WHEREAS,all other conditions required per said Resolution No. 8574(1996 Series)have
been met
NOW THEREFORE BE IT RESOLVED that the final map for Tract No.2211 has
been found to be in"substantial conformity"with the vesting tentative map and final map approval
is hereby granted. The City Attorney is hereby directed to pursue the acquisition of the required
offsite Fuller Rd.R/W,pursuant to the Subdivision Map Act and as prescribed in the attached
Subdivision Agreement.
C- �- 1w
ResolutionNo. (1997 Series)
Page Two
The Mayor is hereby authorized to execute the subdivision agreement and to accept the deeds for
the open space lots(Lots 46,47 and 48),Fuller Rd.R/W(when acquired)and off-site easements for
future sanitary sewer purposes in Fuller Rd.(between Larkspur St.and Broad Street)and for slope
bank purposes,along Larkspur Street
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 FornA
AlTyK7jery G.Jorgenson
EVERYONE\..\City Council Reports\final map report-Tract 2211
1
• L
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 199 by and
between THE WILLOWS-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"C "
tiY•
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 2211, City of San Luis Obispo,
California,as approved by the City Council on the day of ., 199
The Subdivider desires that said Tract No. 2211 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
C— �
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.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of Califomia.
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$ 700,000.00 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 Goverment 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 Subdividerfails 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 Subdividerto 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 has deposited with the City a labor and materials bond in the
amount of 50% of the above described subdivision improvements ($350,000) in
accordance with State law.
Said Subdivider has paid an inspection fee of$ 44,205.00 for City to inspect the
installation of said subdivision improvements,and to 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 Subdividerand 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
THE WILLOWS-SAN LUIS OBISPO,
LP, a California Limited Partnership
MAYOR Allen K. Settle By: The Willows-San Luis Obispo, LLC
AT a California limited liability company,
General Partner
By: He tone Advisers, Inc.
CITY CLERK Bonnie Gawf a Ca ' orn' corporation
Ma I
By: o. .J
APPROVED AS TO FORM: i d 0. Werner, CEO
r By:
O N e G. Jorgensen PeterZakar, for Vice President
Date: -
APPROVED AS TO CONTENT
C.
7 ITY ENGINEER
EXHIBIT 1
TRACT 2211 THE WILLOWS
SUBDIVISION AGREEMM
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4, 000. 00 to cover the installation of survey monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the.
City of a letter from the Engineer indicating that they have
completed the work and have been paid.
2 . Park-in-lieu fees and sewer lift station fees have been paid,
as listed in the attached EXHIBIT 2 .
3 . Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4 . Traffic impact fees shall be paid at time of building permits
through the Community Development Department per the fee schedule
in effect at that time
S. The Subdivider shall install landscaping and fencing in
detention and bike path areas and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements and make provisions for the
Homeowners Association to maintain the landscaping in the
detention basin and bike path areas. Areas of rip-rap that are
backfilled with soil shall be maintained for a period of 5 years
per Condition 22 of Resolution 8574 (1996 Series)
6. The detention basin on Lot 44 shall be owned and maintained by
the Homeowners Association in accordance with condition 16 of
Council Resolution No. 8574 (1996 Series) and C.C.&R. annexation
being recorded with the final map.
7. Lots 46, 47 & 48 are being dedicated to the City in fee for
creek and open space purposes. The subdivider is responsible for
installation of the culvert and erosion protection, maintenance
and guarantee etc per the plans and current edition of city
standard specifications and per Condition 22 of Council Resolution
No. 8574 (1996 Series) .
8. The subdivider shall inform home buyers of the need to preserve
turtles and avoid non-native plants per Conditions 21, 22, 23, and
24 of Council Resolution No. 8574 (1996 Series) . Information to .be
given to the home buyers via a homeowners manual and included in
the public report with the C.C. & Rs .
9 . The subdivider shall be responsible for all costs of right-of-
way acquisition including condemnation proceedings if necessary
for Fuller Road per Condition 1 of Council Resolution No. 8574
(1996 Series) .
C-�/d
EXHIBIT 2
TRACT 2211
THE WILLOWS/ GOLDENROD
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $700, 000 Bond # 3SM90939600 9/4/97
H.B.
Labor & Materials $350, 000 Bond # 3SM90939700 9/4/97
(50% of total cost H.B.
of improvements)
Monument Guarantee $4, 000 Bond # 3SM90939700 9/4/97
H.B.
Erosion Contingency $7, 500 Ltr of Credit 6/27/97
L-97-203-16 H.B.
Fuller Road Legal fee $20, 000 Chk #1067 9/4/97
H.B.
Fees:
ve /--
Map Check Fee $3, 863 (�,BSn 2/4/97
H.B.
Plan check Fee $10, 812 S 2/24/97
!!! H.B.
Inspection Fee $44, 205 Paid $5, 000 6/27/97
($1377+6.1% of $702, 104) $39, 205 Paid 7/21/97
/- // H.B.
Park-in-Lieu Fee $144,781 6/30/97
(43 X 3367) 77__ H.B.
Sewer Lift Station Fee $3307 . 17 645 (ice 7/21/97
($131 .55 X 3 X 8.38 Acres) H.B.
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2212 Subdivision Agreement
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c-"r- 3
RESOLUTION NO. 8574 (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING TBE TENTATIVE MAP FOR TRACT 127-951,
SUBDIVIDING A 14-ACRE SITE INTO 44 RESIDENTIAL PARCELS
AND SEVERAL OPEN SPACE AND DRAINAGE LOTS,
ON A TRIANGULAR SITE EAST OF AND BETWEEN
FULLER ROAD AND GOLDENROD LANE
(Tract 127-95: County file#TR 2211
WBEREAS,the Planning commission conducted public hearings on May 8 and June 26, 1996
and recommended approval of Tentative Tract Map 127-95; and
WBEREAS'the City council conducted a public hearing on July 23, 1996 and has considered
testimony of other interested parties,the records of the Planning Commission hearing and action,and
the evaluation and recommendation of staff;and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Edna-Islay Specific Plan, the Zoning Regulations, and other applicable City
ordinances;and
WHEREAS,the City Council has considered the draft Negative Declaration of environmental
impact with mitigation as prepared by staff and reviewed by the Planning Commission;
NOW,711EREFORE,BE IT RESOLVED,by the Council of the City of San Luis Obispo as
follows: -,
SECTION 1. Findings. That this council makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the general
plan and the Edna-Islay Specific Plan.
2. The site is physically suited for the.type and density of development allowed in the R-1-SP
1 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 property within, the proposed subdivision.
An initial study of environmental impacts was prepared by the Community Development
Department on May 6, 1996,that describes environmental impacts associated with the subdivision
map. The Community Development Director, on May 6, 1996, reviewed the environmental initial
1 study and recommended a Negative Declaration, withmitigation, of environmental impact. The
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file#Tr 2211)
Page 2
initial study concludes that the project will. not have a significant adverse impact on the
environment, and the City Council hereby adopts the Negative Declaration with Mitigation and
finds that the Negative Declaration with Mitigation reflects the independent judgement of the City
Council.
SECTION 2. The tentative map for Tract 127-95 (County File no. Tract 2211) is approved
subject to the following mitigation measures, conditions, and code requirements:
Environmental mitigation measures:
1. The project must include easements or land dedications for bikeways and walkways to provide
residents with a means to move about their neighborhood without automobiles.
2. The local transit authority (SIA Transit) must be contacted to assure adequacy of transit stops
in the area. If another stop is needed to serve this development, the developer will be required
to install or fund a shelter or other needed improvement.
3. The bicycle path along the creek shall be designed in accordance with standards in the Bicycle
Transportation Plan.
4. The existing vegetation barrier shall be maintained along the top of bank of the southerly creek,
and a setback of at least 20' beyond that riparian edge shall be included in proposed lot D, to
provide adequate buffer area between habitat area and residential lots.(note:shown on map.)
5. Lots B and C on the tentative map shall include a minimum 20' buffer area beyond the top of
bank or the edge of riparian vegetation, whichever is greater. This buffer area shall be planted
with native riparian plants appropriate for the type creek and location, to the approval of the
Community Development Director.
6. Potential owners of these lots will be informed of the existence of the high-pressure gas line
on the property by a recorded documents, written to the approval of the Community
Development Director. Signage shall be placed near the location of the gas Be, to inform
anyone nearby of the danger, to the approval of Southern California Gas Co.
7. Eventually, a new gravity sewer will have to be constructed down Tank Farm Road, relieving
the lift station. The developer will be expected to contribute to the cost of this new sewer, to
the approval of the Utilities Director.
Conditions: --
Public Right-of-Way
1. Off-site dedication of property for public right-of-way purposes is required to facilitate full
street improvements for Fuller Road between the existing end of Fuller Rd. to the westerly
C-
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file#Tr 2211)
Page 3
G'gew t-rea V.,
tract boundary. The subdivider shall exhaust all avenues available to acquire said right-of-way
dedication. If the subdivider cannot obtain the property as public right-of-way, the City
Council must lend the subdivider its powers of condemnation to acquire the off-site right-of-
way dedication,including any necessary slope and drainage easements, or be willing to waive
the condition. If condemnation is required,the subdivider shall pay all costs associated with
the off-site right-of-way acquisition,including attorney and court costs.
2. Vehicular access rights at the westerly end of Fuller Road shall be dedicated to the City.
3. The subdivider shall dedicate a 6' wide public utility easement and 10' wide street tree
easement along all public street frontages,to the satisfaction of the City Engineer and public
utility companies.
4. All streets shall be designed with the structural street sections using a TI=5.5.
Water, Sewer&Utilities
5. Sewer lift station charges, as determined by the Utilities Engineer, shall be paid prior to
recordation of the final map
6. The final grades and alignments of all public water, sewer and storm drains(including service
laterals and meters)are subject to change to the satisfaction of the City Engineer and Utilities
Engineer.
7. The City will participate in any line up-sizing of public water mains(increases above the size
required to provide fire flow or the City's 8" minimum,whichever is larger).
8. Lots 27 and 28 shall have individual sewer laterals extending to the public sewer main in
Goldenrod. The public sewer main shall not be extended into Lot 27.
9. The off-site gravity sewer main within Fuller Rd.. shall be located within a 15'wide public
sewer easement, to the satisfaction of the Utilities Dept. and Public Works Dept Any
additional costs associated with increases to the sewer main size,above and beyond what is
required, shall be reimbursed in accordance with City policies. The developer is entitled to
reimbursement for off-site sewerline improvements in accordance with the City's subdivision
regulations.
10. The subdivider shall dedicate a 20'-wide easement over the existing Southern California_Gas
Company's 16" High Pressure gas main or relocate the main into the public street right-of-way
within the subdivision. If the gas main is not relocated the easement shall be adjacent to and
contiguous with the southwesterly tract boundary, to the satisfaction of the Southern California
Gas Company ("gas company"). Said easement shall preclude fencing, grading, posts,
structures, new trees or shrubs within the easement area unless specific written permission
from the gas company has been received and a separate document that provides disclosure to
c•4��
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file 4 Tr 2211)
Page 4
future property owners, satisfactory to the gas company and the Public Works Department, has
been executed and recorded with the County Recorder.
Grading&Drainage
11. The subdivider shall provide the City Engineer with a detailed hydraulic analysis which
indicates the effects of the proposed development on adjacent and downstream properties.
The analysis must address and identify-
The
dentifyThe existing public and private drainage facilities and creek capacities in order to provide
design criteria that meet City standards. The proposed development shall not create a
situation which increases flooding potential downstream.
The subdivider shall identify any areas within the project subject to inundation during x'100-yr
storm and process and complete a Federal Emergency Management Agency Letter of Map
Revision (LOMR) to include this property on the City's Flood Insurance Rate Map prior to
final acceptance of the development,to the satisfaction of the City Engineer.
12. Any lots subject to flooding during a 100-yr storm shall be graded to provide minimum pad
elevations at least 1 foot above the 100-yr stone elevation, to the satisfaction of the City
Engineer. The areas subject to flooding shall be noted on the final map.
13. All bridging,culverts and modifications to the existing creek channels must be in compliance
with the City's Flood Management Policy Book (specifically regarding clear spanning of
creeks, etc...) and approved by the City Engineer, Corp of Engineers and Fish & Game and
must meet City standards and.policies.
14. Any necessary clearing of existing creek and drainage channels, including any tree pruning or
removals, and any necessary erosion repairs shall be done to the satisfaction of the City
Engineer, Corp of Engineers and thebept. of Fish&Game.
15. All lots shall be graded to preclude cross-lot drainage,to the satisfaction of the City Engineer.
•16. The modified detention basin-community garden is to be owned and maintained by the
homeowners' association in accordance with the Edna-Islay Specific Plan. Maintenance
reports must be submitted to the Public Works Department by the association yearly,at a time
and in a format acceptable to the Public Works Department.
Transportation
17. Bike path improvements shall be consistent with the Edna-Islay Specific Plan and the existing
bike path improvements for tact 1750. he bike path.shall be owned and maintained by the
Homeowners' Association.
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file 9 Tr 2211)
Page 5
Open Space and Trees
18. Lots B, C,and D shall be dedicated to the City for open space purposes.
ooW r®)
19. Homes shall be designed for loV9 through 40 that minimize the removal of existing trees on
these lots. Those trees that are removed must be replaced at a 1:1 ratio with native trees,
elsewhere on site to the approval of the Community Development Director.
Creeks and Turtles
20. A pre-construction clearance survey shall be conducted within the creek on site and within the
area between the two creeks. The survey shall be conducted by a qualified biologist prior to
ground disturbance to assure that turtles are not present within the construction zone.If-turtles
are found,the turtles shall be moved out of the construction zone and placed in a safe, suitable
habitat within the lower creek.
21. All residents should be discouraged from using invasive non-native plants in the landscaping
of areas adjacent to natural areas,particularly along the creek.
22. Riprap shall not be used within the creek unless permanently backfilled with soil or grouted.
Turtles may become trapped and perish in the spaces between the rocks. Where riprap is
backfilled with soil, the riprapped areas shall be planted with native plants capable of
stabilizing the soil with dense root systems. Plants native to the project area that would be
appropriate include yarrow(Achillea species),virgin bower(Clematis species), and California
blackberry(Rubus ursinus). The planted riprapped areas shall be maintained for a minimum
of five years to assure that storm flows have not removed the soil and to replant stabilizing
Vegetation as needed. In the event that excessive erosion of the soil continues to occur, the
riprapped areas shall be grouted.
23. An educational brochure or other materials shall be provided to each of the households within
the development that will provide information regarding the correct procedures for protecting
the turtles. (Such information should be reviewed by a qualified biologist for accuracy.)
Background information may be obtained from the Final Report of the Arbors at Islay Hill
Southwestern Pond Turtle Study,Hunt and Bowland,March 1995.
24. A specific contact person shall be designated, either a resident within the development or
someone within an appropriate governmental agency. The name and telephone number of the
contact person should be provided to all residents of the development, and included in the
educational information and on any signs regarding the turtle habitat. The contact person
should be encouraged to maintain records of turtle sightings, including the specific location
and circumstances of the sightings and explanation of what, if any,action was taken. Turtle
harassment must be reported to eh California Department of Fish and Game.
C- 4- /8
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file 4 Tr 2211)
Page 6
Miscellaneous
25. All boundary monuments, lot corners and centerline intersections,BC's,EC's,etc...,shall be
tied to the City's Horizontal Control Network At least two control points shall be used and
a tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system A 3.5" diameter computer
floppy disk, containing the appropriate data compatible withAutoCAD(Digital Interchange
Format,DXF)for Geographic Information System(GIS)purposes,shall be submitted to the
City Engineer.
26. The final map,public improvement plans and specifications shall use the International System
of Units metric system). The English System of Units may be used on the final map where
necessary (e.g. - all record data shall be entered on the map in the record units,.metric
translations should be in parenthesis),to the approval of the City Engineer.
27. All development of this site shall be consistent with the Edna-Islay Specific Plan,except as
approved by the City Council.
28. To the maximum extent feasible,all construction traffic shall be routed through Fuller Road,
except when physically impossible. Signs shall be installed at the present southerly terminus
of Goldenrod and at the westerly in-city terminus of Fuller Lane, saying "No construction
traffic', to the approval of the Public Works and Community Development Departments.
CODE REQUIREMENTS
EPA
1. General construction Activity Storm Water Permits are required for all storm water discharges
associated with a construction activity where clearing, grading and excavation results in land
disturbance offive or more acres. Storm water discharges of less than five acres, but which is part
of a larger common plan of development or sale, also require a permit. Permits are required until
the construction is complete. To be covered by a General Construction Activity Permit, the
owner(s)of land where construction activity occurs must submit a completed 'Notice of Intent"
(NOI)form, with the appropriate fee,to the State Water Board.
Complete street improvements shall be constructed in accordance with the most current City
regulations, Engineering Standards and Standard Specifications (6' wide integral curb, gutter
sidewalk & driveway rampsfull street pavement, signing, striping, street lighting, barricades,
etc...).
3. The subdivider shall install street lighting per City standards, to the satisfaction of the City
Engineer.
4. Street trees shall be planted in accordance with City Standards and Policies at the time of
C-ht/9
Resolution no. 8574 (1996 Series)
Tract 127-95 (County file#Tr 2211)
Page 7
development of each lot,to the satisfaction of the City Arborist Species shall be determined by
the City Arborist
Street name
5. A Street must be named as part of the final map approval process. The subdivider shall submit a
minimum of three street names for review by the Community Development Department, in
accordance with the Street Name and Address Regulations.
Upon motion of Vice Mayor Williams----.,seconded by Council Member Romero ,and
on the following roll call vote:
AYES: Council Members Williams, Romero, Smith and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was adopted this 23rd day of July , 1996.
ATTEST:
tty Clerk Bo ie Gaff Mayor Allen Settle
i
APPROVED:
0Q orn
C-s/•.2a
66462.5. Approval of final map cannot be refused because of
offsite improvement requirements on land not belonging
to subdivision or local agency
A city, county, or city and county shall not postpone or refuse approval of la final
map because the subdivider has failed to meet a tentative map condition which requires
the subdivider to construct or install offsite improvements on land in which neither the
subdivider nor the local agency has sufficient title or interest, including an easement or
license, at the time the tentative or final map is filed with the local agency, to permit the '
improvements to be made. In such cases,the city, county or city and county shall,within
120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation
e or commence proceedings pursuant to Title 7(commencing with Section 1230.010)of Part
3 of the Code of Civil Procedure to acquire an interest in the land which will permit the
improvements to be made, including proceedings for immediate possession of the
property under Article 3(commencing with Section 1255.410)of Chapter 6 of such title. In
the event a city, county, or city and county fails to meet the 120-day time limitation, the
condition for construction of offsite improvements shall be conclusively deemed to be
waived. Prior to approval of the final map the city,county, or city and county may require
the subdivider to enter into an agreement to complete the improvements.pursuant to
Section 66462 at such time as the city, county, or city and county acquires an interest in
the land which will permit the improvements to be made.
Nothing in this section precludes a city, county, or city and county from requiring a
subdivider to pay the cost of acquiring offsite real property interests required in
connection with a subdivision.
'Offsite improvements,° as used in this section, does not include improvements
which are necessary to assure replacement or construction of housing for persons and
families of low or moderate income, as defined in Section 50093 of the Health and Safety
Code.
[Amended,Chapter 910, Statutes of 1983]
Article 5. Parcel Maps
664 Processing procedures to be establishedby Iota
ordinances dedications and offers of dedications n
parcel maps; agency time limits
(a) Except as otherwise provided for in this code,the procedure for pr ssing,
approval, co itional approval, or disapproval and filing of parcel maps and ifications
thereof shall b as provided by local ordinance. The provisions of Sec' ns 66477.1,
66477.2, and 66 7.3 relating to dedications and offers of dedication on nal maps, shall
apply to dedication nd offers of dedications on parcel maps.
(b) Whene r a local agency provides, by ordinanc , for the approval,
conditional approval, o isapproval of parcel maps by the coup engineer, surveyor, or
other designated official, a local agency may also, by ordina e, provide that the officer
may accept or reject dedica' ns and offers of dedication th are made by a statement on
the map.
(c) Whenever a local ency provides, by o finance, for the approval of parcel
maps by the legislative body,the rcel maps shall a filed pursuant to the procedure for
final maps as prescribed by Sections 6457 and 458.
(d) The time limits for action r app al of a tentative map and parcel map for
which a tentative map is not required sh I e no longer than the time limits contained in
Sections 66452.1 and 66452.2.
[Amended, C ter 8 , Statutes of 19891
66463.1. Multiple par I maps
Multiple parcel maps 'ed pursuant to Sect, 66426 relating to an approved or
conditionally approved to 'Live map may be filed pri to the expiration of the tentative
map if either conditton i satisfied:
(a) The su ivider, al the time the tentative is filed, provides a written
notice to the adv' ry agency or the local agency of the ubdivider's_intention to file
multiple parcel ps on the tentative map.
(b) ter filing of the tentative map, the local agency a the subdivider concur
in the filing multiple parcel maps.
In roviding.the notice specified in subdivision (a), the su ivider shall not be
requir to define the number or configuration of the proposed multiple arcel maps. The
filin of a parcel map on a portion of an approved or conditionally appro tentative map
s Il not invalidate any part of the tentative map. The right of the subdivide file multiple C' 44.2
parcel maps shall not limit the authority of the local agency to impose reasonable
conditions relating to the filing multiple
Q07.
tnI
,iStatutes of 19911
R.W. HERTEL & SONS, INC,
September 8, 1997
Mr. Jeffrey G. Jorgenson R E C E I V E 15
City Attorney
City of San Luis Obispo SEP y 8 1"7
990 Palm Street
San Luis Obispo, CA 93401-3249OFFICE�ar�
Dear Mr. Jorgenson:
Since January, 1997 RW. Hertel&Sons, Inc. has pursued the acquisition of the Fuller Road right-of-
way, as required by our conditions of approval on Tract 2211, San Luis Obispo. Our final offer of
$10,156.00 plus reasonable attorney's fees as compensation for the property has been rejected by the
landowner. Our estimated value ofthe property is somewhere in the$1,000 to$2,000 range. Obviously
we have been more than fair with this latest offer and we cannot accept their counter offer price of f
$302000.00.
In response we are depositing the required$20,000.00 to cover legal fees, expenses, and the estimated
value of the land in the condemnation proceedings, and agree to pay any additional costs should they
exceed the$20,000 deposit amount. With this deposit our costs are now considered to commence. On
our behalf;we request that the City assume our approximate value of the property to be as stated above
in the event that the landowner decides to settle prior to, or during, formal appraisals and legal council
preparations. Any legal costs(including those requested for the Fuller's attorney), appraisal fees, and
City fees should be deducted from the original t $10,156.00 offer. This would also include any
construction time loss or extra ordinary construction costs due to the prolonged negotiation period.
We formally request that the city initiate condemnation proceedings with an immediate right of
possession as soon as possible. This action should not in any way delay recordation of our final map for
Tract 2211 as the City Council has accepted the possibility of this occurrence as stated in the conditions
of approval for the project. Please notify Jerry Kenny of this fact so as we may avoid any delays in
procuring a City Council agenda date for the acceptance of our map.
I have been in contact with several attorneys that are experienced in this type of legal action and will
contact you as soon as we formally agree to a selection.
Sincerely,
RW. HERTEL & SONS, INC.
on Adams
Vice President of Construction
JA:lms
C•y-2, Z.
500 ESPLANADE DRIVE, SUITE 1160 OXNARD, CA 93030
(805) 981-1430 • FAX (805) 981-3093
�►il��l��lll��illil���� �IpIIIilllllfl
�Ilill IIIfI
city of sAn luis OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
September 12, 1997
Jon Adams
Vice President of Construction
R. W. Hertel & Sons, Inc.
500 Esplanade Dr., Suite 1160
Oxnard, CA 93030
Re: Condemnation of Fuller Road (Tract 2211)
Dear John:
I have received your letter of September 8, 1997, and the $20,000.00
deposit to cover the cost of acquisition of the needed right-of-way in Fuller
Road for Tract 221, pursuant to Government Code Section 66462.5. I have
forwarded the deposit to the Finance Department, and they will establish a
special account to pay the cost of acquisition. At your request, the City has
retained Thomas D. Green of Sinsheimer, Schiebelhut & Baggett to proceed
with the condemnation. A copy of the Agreement for Legal Services is
enclosed for your information.
There is a potential for the costs of acquisition to exceed the $20,000.00
deposit. In your September 8, 1997 letter, you agreed to pay any additional
costs should they exceed the deposit amount. While the City will certainly
use its best efforts to make sure the acquisition of right-of-way is
accomplished in a timely and cost-effective manner, your obligation to pay
the cost of acquisition pursuant to Government Code Section 66462.5 is not
conditional. As we previously discussed by telephone, I do not fully
understand that portion of your letter which attempts to condition payment
or direct how the acquisition might be accomplished. The bottom line is that
the right-of-way must be obtained and the City will take whatever steps are
necessary to accomplish it, and you will be obligated to pay the City for those
costs. If your concern is that the City might settle this matter at some point
in the fixture after incurring additional attorney's fees and without regard to
its impact on you, I can only assure you that prior to any settlement I will
OThe City of San Luis Obispo is committed to include the disabled in all of.its services, programs and activities. �� • '��
Telecommunications Device for the Deaf(805)781-7410.
Jon Adams
September 12, 1997
Page Two
consult with you and take your position into consideration. While I cannot
give you approval authority over how the City accomplishes the acquisition, I
can assure you again that it is my intention to achieve it in the most timely
and cost-effective manner possible.
If you have further questions or comments or if I may be of assistance
to you in any way, please feel free to contact me at your convenience.
Sincerely,
e ey . Jo ,e en
City Attorney
JGJ/sw
enc.
cc: Mike McCluskey
Jerry Kenny
Thomas D. Green
C4e.•Ztl
city of San WIS OBISpo
��r� .. 4700 FINAL MAP APPROVAL H
z�-� `� �y CHECKLIST
PROJECT NAME /n D,ACT ;Z.2�� - �l rF� WiLGOws - GO[yEN�eoo L,A�y�
DESCRIPTION S/cord_4e 7�. ^f,11_y S/OBit/TJ�c �BD/!/iSre�I WiTXf f3ffO�yF� y;4&,p KsP,�r��oy
MAP NUMBER r2 226 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL DATE COMMENTS
1 GRADING Including planting &retaining walls , R4AW.S TPP O /moo i
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
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) 7 9
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met 4
12 MONUMENTATION v �•
13 STREET TREES �G lf' r,9 XC lAe
14 OFFSITE WORK �T
15 BOND/GUARANTEE deposited ?7
16 PARK dedication or in-lieu fees q
17 Deposit Account Status
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 APPRO A iV t'
52.81 PUBLIC SERVICES APPROVAL