HomeMy WebLinkAbout04/21/1998, C6 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2126 STONERIDGE II, A 60-LOT RESIDENTIAL SUBDIVISION AT THE WEST END OF STONERIDGE DRIVE. council
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C I T Y OF S AN LU IS OBISPO
FROM: Michael D.McCluskey,Public Works Director
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Final Acceptance of public improvements for Tract 212 toneridge II,
a 60-lot residential subdivision at the West end of Stoneridge Drive.
CAO RECOMMENDATION:
Adopt resolution accepting the public improvements for Tract 2126,Stoneridge II.
DISCUSSION:
The final map for Tract 2126 was approved on March 18, 1997 per Resolution No. 8641 (1997
Series). All of the tentative map subdivision improvements required per Resolution No. 8145
(1993 Series) (Attachment 4) have been completed to City standards and specifications and the
subdivider has requested acceptance of the public improvements by the City and release of the
respective sureties.
Stoneridge Park was created and minimally improved under Tract 1150 (Stoneridge I). It has been
further improved in conjunction with this tract by adding a walkway,benches,trash receptacles and
a basketball half-court. A replacement"wetland" was also included,along with turf and irrigation
modification. The park is now irrigated from the old cistern above the tract, utilizing subsurface
water under Stoneridge Drive. This pumping system is owned and operated by the Homeowners
Association. The wetland is irrigated by this system.
However,the cistern does not provide adequate pressure(by gravity)to operate the park sprinklers.
A $1000 contribution was negotiated by Parks Division staff, which was received from the
subdivider, for staff to install a booster pump to augment the gravity system. City water would
only be used in case of failure of the groundwater system due to drought or other unknown factors.
The extension of Stoneridge Drive,west of the landscaped island at Blue Rock Court, is a private
driveway, maintained by the respective lot owners under the Homeowners Association. The
landscaped island is to-be maintained by the Homeowners Association. There is also another
private "internal driveway" off Stoneridge Drive which serves the Planned Unit Development
(PUD) lots, as well as the onsite sewer main. The drainage Swale and pipe system uphill of the
Blue Rock Drive lots are also private and maintained by the Homeowners Association.
The drainage system adjacent to the Lawrence Drive neighborhood and the offsite storm drain
downhill from the tract to Meadow Park will be maintained by the City. The City participated in
the cost of the offsite storm drain to bypass the existing substandard drainage system in the
Lawrence Drive/Meadow Street neighborhood. This has proven to be effective-particularly during
C�
COUNCIL AGENDA REPORT-Final Acceptance-Tract 2126(Stoneridge In
Page Two
this "El Nino" year. No flooding complaints from this neighborhood have been received by staff,
in contrast to past winters.
Stoneridge Drive,Blue Rock Drive,sanitary sewer mains(except as noted in the PUD area),water
mains,public storm drains and the new park improvements are to be accepted and maintained by
the City.
ALTERNATIVES:
Option 1: Deny acceptance of the public improvements if the Council finds that any
conditions have not been satisfactorilymet.
FISCAL IMPACT:
Normal maintenance of typical public improvements(public streets, sewer and water mains,park
and appurtenances)
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
No other departments are affected.
Attachments:
I -Draft resolution accepting improvements
2 -Map
3 -ResolutionNo. 8641 (1997 Series)
4 -Resolution No. 8145(1993 Series)
5 -Final Acceptance Checklist
I:\Council Agenda Reports\Final Acceptance-Tract 2126
C-b'2
RESOLUTIONNO. (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2126
WHEREAS,the City Council made certain findings concerning Tract 2126,as
contained in ResolutionNo. 8145(1993 Series),and
WHEREAS,the City Council approved the final map for Tract 2126 per Resolution
No. 8641 (1997 Series),and
WHEREAS,the subdivider has satisfactorily completed the subdivision improvements for
Tract 2126,in accordance with City standards,specifications and the subdivision agreement and
has requested that the City accept the public improvements for maintenance and operation and
release of pertinent surety.
NOW THEREFORE,the City Council hereby accepts the public improvements for Tract
No.2126. The Faithful Performance surety is hereby reduced to ten(10)percent of its
principal amount,in accordance with the subdivision agreement. The Labor and Materials surety
shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act.
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 , 1998.
Mayor Allen K. Settle
Resolution No. (1998 Series)
Page Two
ATTEST:
City Clerk Bonnie Gawf
Approved as to Form:
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I.\Council Agenda ReportsWinal Acceptance-Tract 2126
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RESOLUTION NO. 8641 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2126
WHEREAS,the City Council made certain findings concerning Tract 2126,as contained
in Resolution No. 8145 (1993 Series)and incorporating applicable conditions of GP/R 1346 per
Ordinance No. 1217(1992 Series), and
WHEREAS, subdivision improvement plans have been approved and construction of most of
the improvements have been completed,and
WHEREAS, the subdivider has: 1)previously dedicated a park(Stoneridge Park)in fee to the
City with Tract 1150(Stoneridge I)and which provided greater parkland credit than was
necessary for said Tract 1150, and 2) previously dedicated the hillside open-space area in fee,and
3) proposes to construct additional park improvements under Tract 2126,and
WHEREAS,the City has agreed to quitclaim a portion of the earlier park dedication per
Condition No. 18 of said Resolution No. 8145 (1993 Series), and
WIIEtEAS,the Community Development Director has executed an agreement with the
subdivider to guarantee certain maintenance and monitoring of the relocated wetland.area,pursuant to
Condition No. 20 ofthe Resolution No. 8145 (193 Series), and
WHEREAS, all other conditions required per said Resolution No. 8145 (1993 Series)and
Ordinance No. 1217(1992 Series)required of this subdivision have been bonded for and/or otherwise
satisfactorily met,as prescriW in the attached subdivision agreement(Exhibit A).
NOW THEREFORE BE IT RESOLVED that the final map for Tract No.2126 has been
found to be in"substantial conformity"with the tentative map, and final map approval is hereby
granted. Full credit is hereby granted for parkland dedication and improvements. The Mayor is hereby
authorized to execute the subdivision agreement and the quitclaim deed.
3
C.6' b
"EXHIBIT A"
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 19th day of march by and between Stoneridge II,
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 for Tract 2126, City of San Luis Obispo, California, as approved by the
City Council on the 18th day of March , 1997.
The Subdivider desires that said Tract No. 2126 be accepted and approved as a Final Map
pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis
Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements as
set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct and install
the following subdivision improvements in accordance with said subdivision regulations, and in
accordance with approved plans and specifications on file in the office of the.City Engineer, City of
San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING .
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection
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$ 60,000.00, which is the amount of the estimated
cost of the said uncompleted 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 all of the work, City will retain the $60,000 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. This amount is based on the estimated total cost of the
onsite and off-site subdivision improvements ($600,000), excluding "wetland enhancement area"
improvements. A separate "Bond° in the amount of $10,000.00 has peen posted for a 3 year
period to cover maintenance of the wetland enhancement area for this required period, pursuant
to Condition 20 of Resolution No. 8145 (1993 Series) and an agreement for same.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to said
plans and specifications, and any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements or waive any defects in
the same or any breach of this agreement
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been posted
by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete
said improvements, or city may complete said improvements and recover the full cost and expense
3 C-�g
s ,
EXHIBIT 1
TRACT 2126
SUBDIVISION AGREEMENT
1. The Subdivider has submitted a monumentation guarantee of $4,500.00 to cover the
installation of survey monuments; in.accordance with the Subdivision Map Act. Said
deposit will be released to the Subdivider upon receipt by the City of a letter from the
Engineer/Surveyor indicating he has completed the work and has been paid.
2. The subdivider agrees to construct certain improvements to Stoneridge Park, per plans
prepared by Steven Caminiti, dated 12/18/96, including a half-court basketball area,
picnic tables, walkways, drainage, etc. Twenty thousand ($20,000) dollars of the
posted $60,000 Faithful Performance Bond is allocated for these park improvements.
Based on these improvements and the prior grants to the City of the open-space lot
(fee title) and the park (fee title), full credit is given for park dedication and park in-lieu
fees are not required with building permits.
3. The subdivider shall pay applicable sewer hookup fees (impact fees) as a condition of
building permits.
4. The subdivider shall pay applicable water impact fees as a condition of building
permits.
5. The Subdivider has submitted Covenants, Conditions & Restrictions (CC&R's) which
include provisions for maintenance of common private facilities, including but not
limited to: drainage swales, Stoneridge Dr. entry landscaping, Stoneridge Dr. median
island, decorative paving stones and landscaping, decorative private access
driveways, guest parking, private walkways, private sewer main, the hillside cistern
system and building that provide for the on-going water supply to the "wetland
enhancement area" and public park, the long-term maintenance of the wetland
restoration area and park, protection of wetland plants, the control of exotic invasive
plants, and related responsibilities.
6. The subdivider has paid $31,250.00 for the 25% share of the cost of a proposed
future traffic signal along Broad St., per Condition 13. This fee will be credited towards
Traffic Impact Fees at the rate of $520.83 per lot with building permits.
7. The subdivider entered into an agreement with the City for reimbursment of $35,000
as the City's total share of an off-site storm drain. Upon acceptance by the City
of this work, the unpaid balance of $7,000 will be paid to the subdivider .
8. The subdivider has executed an agreement with the City's Community Development
Director per Condition 20 of Resolution No. 8145 (1993 Series) and has posted .a
bond to ensure the subdivider's responsibilities during the 3-year establishment
and maintenance period of the "wetlands area". (See Fee and Bond list)
5
Y f--
CALIFORNIA ALL-PURPOaE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On February 12 , 1997 before me, Judith R Fritzinger
Date Name and Title at olncer(e.g.,Jane Doe,Notary PubW)
personally appeared Cliff Branch
. Name(s)of Signer(s)
❑personally known tome
roved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/shetthey
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)
-JUDI: R.W1 INGER •p acted, executed the instrument.
•a i(i•h ' NOTA PUBLIC O WITNESS my hand and official seal.
San Lois Obispo County
d 61y curse.Ekes July 14,1998
Roc` y
t sign ure of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): To]e(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator '• ❑ Guardian or Conservator
❑ Other. Top of thumb here ❑ Other. Top of thumb here
Signer Is Representing: Signer Is Representing:
O 1996 National Notary Association•Em6 Remmet Am.P.O.Box 7184•Canoga Park CA 91309.7184 Prod.No.5907 Reorder.Coit 7011-Free 1-600.87&6BZ7
C-fio-16
RESOLUTION NO. 8145 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 2126
LOCATED AT 500 STONERIDGE DRIVE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2126 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings: `
1. The design of the tentative map and proposed improvements
are consistent with the general plan. --
2. The site is physically suited for the type and density of
development allowed in an R-1-PD 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 inure
fish or wildlife or their habitat.
4 . The design of the subdivision or the type of improvement
will not conflict with easement for access through (or use
of property within) the proposed subdivision.
5. The subdivision will not have a significant adverse impact
on the environment, subject to the mitigation measures of
the Final Environmental Impact Report (EIR) certified by the
City Council on April 281 1992, and listed in Exhibit "A",
being incorporated into the project, and the mitigation
monitoring program adopted with approval of the preliminary
development plan on July 21, 1992 being followed.
SECTION 2. Exception. That an exception to the parking and
driveway standards to enable more than four properties to be
served by the proposed private street is hereby approved based on
the following:
1. The exception will not constitute a grant of special
privilege inconsistent with the driveway or parking
limitations upon other properties in the vicinity since the
R-8145
Resolution No. 8145 (1993 Series)
Tract 2126
Page 3
5. All proposed public mains and services, in the intersection
of Stoneridge and Bluerock, shall be constructed outside the
island and cistern structure within the street pavement
area.
6. The City shall not maintain or replace any special or
decorative pavements. The Homeowners' Association shall be
responsible• for all special or decorative pavement
maintenance and replacement (around proposed cistern & PD
homes - must be noted in the CC&R's) . The City shall not
maintain any portion of the proposed cistern or building.
7. All lots shall be served with individual water, sewer, gas,
electric, telephone and cable TV services to the `
satisfaction of the City Engineer.
S. All water services shall be sized to accommodate both the
domestic needs and fire sprinkler requirements with regards
to water pressure, to the satisfaction of the Utilities
Engineer and Fire Department.
9. Final alignment and grade of all proposed public water
mains, sewer mains and storm drains are subject to
adjustments to the satisfaction of the City Engineer and
Utilities Engineer.
10. All sewer mains shall be terminated with a manhole, to the
satisfaction of the City Engineer and Utilities Engineer.
11. All cisterns, drain lines and associated facilities (as
shown on the landscape plan) to and from the cisterns are to
be privately owned and maintained by the Homeowners'
Association. An overflow system must be provided, to the
satisfaction of the City Engineer.
12. The drainage pipe along the northerly tract boundary must be
accessible by City crews (public easement, access gates,
etc. . . ) , to the satisfaction of the City Engineer. A plan
for access shall be submitted to the City Engineer prior to
the approval of the subdivision improvement drawings. Pipe
size and provisions for overflow must be accommodated to the
satisfaction of the City Engineer. Catch basins in each lot
shall be maintained by each lot owner.
13. The subdivider shall pay a pro-rata share (25%) towards the
cost of installation of a new traffic signal along Broad
Street in the near vicinity of the project as determined by
the City Engineer and Caltrans.
�-L-�a
Resolution No. 8145 (1993 Series)
Tract 2126
Page 5
planting and water system installation. The report shall
include photographs of the wetland mitigation site, plant
survival statistics, a description of continuing
maintenance/monitoring, And new mitigation measures should
any aspect(s) of the mitigation fail.
21. Subdivider shall prepare conditions, covenants, and
restrictions (CC&R's) to be approved by the City Attorney
and Community Development Director prior to final map
approval. CC&R's shall contain the following provisions
that pertain to all lots:
a. Creation of a homeowners' association.
b. No parking except in approved, designated spaces.
C. Prohibition of storage or other uses which Would
conflict with the use of garages for parking purposes.
d. No outdoor storage of boats, campers, motor homes, or
trailers nor long-term storage of inoperable vehicles.
e. No change in city-required provisions of the CC&R's
without prior City Council approval. .
f. Homeowners' association shall file with the City Clerk
the names and addresses of all officers of the
homeowners' association within 15 days of any change in
officers of the association.
g: Homeowners' association shall be responsible for the
maintenance of the drainage swale behind Lots 17-33 as
depicted on Sheet No. 3 of the vesting tentative tract
map.
h. Grant to the city the right to repair facilities and
other improvements if the homeowners' association fails
to perform, and to assess the homeowners' association
for expenses incurred, and the right of the city to
inspect the site at mutually agreed times to assure
conditions of CC&R's and final map are being met.
22. CC&R's shall contain the following provisions that pertain
specifically to the courtyard cluster units, Lots 47 through
56, 59 & 60:
a. The homeowners' association shall enforce the CC&R's
and provide for professional, perpetual maintenance of
all common area including private driveways, drainage,
C-
Resolution No. 8145 (1993 Series)
Tract 2126
Page 7
26. Outlines of the approved building envelopes for Lots 1-17
shall be shown on the final development plan with a cross
reference to the precise building envelopes and setbacks on
the approved development plan exhibit boards 1-8 stored in
the Community Development Department. No homes, decks over
8 feet in height, garages, pools or accessory buildings may
be constructed outside of approved building envelopes.
27. Required tree screening shall be installed behind Lots 1-17
as part of subdivision improvements to the approval of the
Community Development Director. Trees shall be planted so
that they do not interfere with the rear lot storm drainage
system to the satisfaction of the City Engineer. Provisions
for on-going maintenance of trees by the developer until
individual sale of lots shall be made. ' The developer shall
be responsible for replacing dead trees on unsold lots.
28. The subdivider shall submit a detailed geotechnical
investigation and soils engineering report analyzing
existing conditions on the site and proposed grading
operations. Said investigation and report shall be to the
approval of the City Engineer and shall be submitted with
the final map. All improvement plans for the tract and
grading for individual development of lots shall comply with
the recommendations of the report.
29. Individual soils reports shall be required for all lots with
an average cross slope in excess of 20%. A document shall
be recorded prior to final map approval disclosing this
requirement.
30. All units shall be numbered in accordance with an addressing
plan approved by the Community Development Director.
31. Pursuant to Government Code Section 66474 .3 (b) , the
subdivider shall defend, indemnify and hold the 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. 188-92 (County Tract No. 2126) , and all actions relating
thereto, including but not limited to environmental review,
and action taken pursuant to Section 66462. 5 of the
Subdivision Map Act to implement Condition No. 4 hereof.
32. An approved water supply capable of supplying the required
fire-flow for fire protection shall be provided to all
premises. Water services to Lots 14-33 , and possibly
others, may require minimum 1-1/2-inch meters to reduce
Resolution No. 8145 (1993 Series)
Tract 2126
Page 9
the foregoing resolution was passed and adopted this 6th day of
April 1993.
Mayor p Pinard
ATTEST:
jt Clerk Dian R. Gladwell
APPROVED:
i Admin' tra ive off r
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Errata to Section 4.2.4
In addition, the second mitigation included in Section 4.2.4 on page 4-40 listed below would
be superseded:
■ No more than 33 percent of the floor area would be on the second story. The
majority of the second story would be massed toward the street frontage of the lot.
The third mitigation listed in Section 4.2.4 on page 4-40 would be modified to eliminate the
references to second story development from the second sentence as shown below:
■ Architectural review of sensitive lou " (the hillside lou and lots backing up to
Lawrence Drive) will be required prior to issuance of building permits for these lots.
This review shall consider
as—the placement of tackyard windows and decks, in relation to the adjacent
Lawrence Drive units For hillside lots, architectural review shall consider structure.
elevations on a lot-talot basis.
" In the case of the sensitive lots identified in the EIR, the proposed design
guidelines endorsed by Staff and the Architectural Review Commission,
indicate that the architectural review requirement included in the EIR would
be handled by planning staff review of plans for consistency with approved
building envelopes and the design guidelines prior to submittal of a building
permit, rather than a formal application for architectural review (see pages
6-7 of the design guidelines).
C. �'�8
4 City Of saTAUI S OBI SPO
®r A FINAL ACCEPTANCE CHECKLIS
PROJECT NAME } 7�ON /D JK
DESCRIPTION O ZOE- Si vELL 60 11,Y .�y3o�fi/SrO�
MAP NUMBER rk #9424 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
C
DESCRIPTION INITIAL DATE COMI4ENTS
1 GRADING complete including planting L retaining wall Z
2 STORM DRAINS S DRAINAGF STRUCTURES installed
3 SEWERS b SERVICES installed and tested
4 WATERLINES b SERVICES installed and tested
5 FIRE HYDRANTS installed and tested
6 CONCRETE installed and approved
Curbs and Gutters
Sidewalks
Driveways
7 STREET b PAVING installed and approved Y,_
Properly installed and sealed
Cleaned _. .._..
Signing, striping and curb painting <'
8 NON-CITY UTILITIES
P.G.b E. -- Final letter received [ �B
Street lights installed, operating, letter sent / IQ.�
Cable TV -- Final letter received / ?S
Telephone Co.-- Final letter received / 9
Gas Company -- Final letter received , YD
9 AS-BUILT PLANS received and approved 1 %14rP /peer, 111iP,er� k -'
10 PUBLIC IMPROVEMENTS payments received BBp44044
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete
13 STREET TREES planted TO $L /✓Pili W ��'�
14 OFF-SITE WORK completed � 98
15 BOND/GUARANTEE deposited 6
16 51(GS 6ff- Q.7 Otf1P�tGrtC.t1 CEl�7- CA/Ly
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
11 BOARD OF ADJUSTMENTS
18 PLANNING CO;.U4ISSION
19 ARCHITECTURAL REVIEW COMMISSION
20 CITY COUNCIL
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS b SUBDIVISION AGREE14EIlT COM1.IUNITY DEVELOPMENT APPROVAL /