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HomeMy WebLinkAbout09/15/1998, C4 - FINAL MAP APPROVAL FOR TRACT NO. 1750 (UNIT 5), A 60-LOT RESIDENTIAL SUBDIVISION ON SPANISH OAKS DR., NEAR WAVERTREE. [ISLAY HILL INVESTMENTS (HERTEL), SUBDIVIDER] council M �°�- j agenda Report "wb" C I TY OF SAN LU IS O B 1 S P 0 FROM: Michael D. McCluskey, Director of Public W� Prepared by: Jerry Kenny, Supervising Ci 11 Engineer SUBJECT: Final Map Approval for Tract No. 1750 (Unit 5), a 60-lot residential subdivision on Spanish Oaks Dr., near Wavertree. [Islay Hill Investments (Hertel), Subdivider] CAO RECOMMENDATION: Adopt resolution approving the final map for Tract No. 1750 (Unit 5) and accepting Lot 58 for creekway, bikeway,pedestrian way and sanitary sewer purposes and an open space easement. DISCUSSION: The parent tentative map for Tract No. 1750 was approved on Sept. 18, 1990 per Resolution No. 6874 (1990 Series). This unit is comprised of 57 single family hillside lots and 3 non-residential lots. Lot 58 is being dedicated to the City for creekway, bike and pedestrian way and public sewer main purposes. Lot 59 is being deeded to the existing master Homeowners Association for maintenance of the railroad buffer, private drainage, Fire Department and public access to Islay Hill to accommodate a proposed trail system. Lot 60 is being deeded to the owner of the adjacent Islay Hill open space parcel, as provided for in the tentative map conditions. (adjustment of tract boundary) There are deed restrictions and conditions on the lot that are identical to the existing open space easement previously granted to the City. The lot will be merged with the existing open space parcel concurrently with recordation of this map. CC &R's have been approved by the City for this unit. They include provisions for maintaining the drainage swales adjacent to lots 16 and 17 and lots 41 through 48, annexing to the Master Homeowners Association for common maintenance of the brow ditch, fire access, gates, drainage facilities, and other prescribed map conditions. The Declaration of Annexation to the CC & R's will be recorded with the final map. Railroad Bike Path Connection The Edna-Islay Specific Plan(FISP) and Tract 1750 tentative map require a connection between the Edna and Islay neighborhood bike and pedestrian pathways to provide a convenient and safe route between the neighborhoods and parks. The EISP condition utilizes the existing large creek arch culvert under the railroad. The Edna neighborhood bike/ped improvements have already been installed. The approved plans for this unit incorporate improvements to accomplish this goal. The subdivider contacted the SPRR to acquire the right to install the improvements within their C. Council Agenda Report-Final Map Approval for Tract 1750 (Unit 5) Page 2 R/W,but the approval was denied. Public Works Department staff subsequently pursued the approval on behalf of the developer and the City, assuring the railroad that the City would maintain the creek flow and the bike and pedestrian improvements within the culvert, including lighting,per the EISP. The SPRR also denied the City request. A possible compromise was suggested by SPRR staff, wherein the City would assume actual ownership of the culvert. Staff is not prepared to recommend City ownership at this time. Although the stone structure has survived a long period of time, the structural integrity of the culvert during an earthquake and liability issues would need to be evaluated. The railroad is now owned by the Union Pacific Railroad Company (UPRR). Staff again pursued approval of these rights from UPRR, but to date there has been no resolution regarding this matter. Staff discussed the matter with the California-based UPRR representative in Sacramento and believes there is some expectation for approval, but it needs to be further evaluated by the Omaha office prior to a definite answer. Although the logical time for the connection is with this phase (due to its proximity to the culvert and adjacent improvements incorporated into the plans)neither the EISP or the tentative map conditions specifically state "when"the actual connection must be completed. There is one last unit remaining to be approved (Unit 6), which cannot be approved without this condition having been met. The subdivider and staff will continue to pursue the necessary approvals, as prescribed in Item 11 of the subdivision agreement. Eminent Domain The subdivision agreement provides for the possibility that eminent domain(condemnation) proceedings may need to be pursued(at the subdivider's cost) if an agreement is not reached with the UPRR,pursuant to the Subdivision Map Act (Government Code Section 66462.5) The draft resolution approving the final map authorizes the City Attorney to pursue such action, if the rights have not been acquired and subject to satisfactory evidence of"due diligence" on the part of the subdivider. The City would then have 120 days to file eminent domain proceedings when all other conditions of Unit 6 were met or the condition would be deemed waived. (See Attachment 11) Failure of a negotiated agreement or acquisition by condemnation, could result in the culvert being used "informally" to connect the neighborhoods without any improvements "within the culvert". (See Exhibits 3 - 5 for culvert/bikeway details) Two new bridges are being installed with this unit. One is a traffic bridge at the Spanish Oaks Drive creek crossing and the other is a bike and pedestrian bridge that links the existing bike and pedestrian trail, adjacent to the creek, between Islay Park, Wavertree and Spanish Oaks Drive. Re-vegetation and enhancement of the creek and provisions to accommodate the adopted "Creek Concept Plan"and the "Turtle Study" are incorporated into this project. The project provides an alternate"emergency access road"between Orcutt Rd. and this unit, which will be improved Council Agenda Report- Final Map Approval for Tract 1750 (Unit 5) Page 3 with an"all-weather" surface pending completion of the standard extension of Spanish Oaks Drive to Orcutt Rd.with Unit 6. (Condition 27) All fees and bonds have been received as noted on the Fee and Bond List attached to Exhibit A of the subdivision agreement. Subdivision improvement plans have been approved and construction is currently underway. The subdivider has, therefore, complied with all of the conditions of this unit, as described above. The final map has been checked and found to 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. FISCAL IMPACT: Normal maintenance of public streets,bridges, public storm drains, sanitary sewer and water facilities,bike and pedestrian paths and creekway. CONCURRENCES: The Community Development Director,Utilities Director and City Attorney concur with the recommended action. Attachments: 1 -Draft resolution and subdivision agreement 2 - Map 3 -EISP conditions/pedestrian and bikeway circulation 4 -Bikeway connection to RR 5 -Bikeway proposal within RR culvert 6 - Deed for Lot 58 (creekway)to the City. 7 - Open Space Easement to City (Lot 60) 8 - Common Driveway Agreement 9 -Final Map Checklist 10- Resolution No. 6874 (1990 Series) 11- Government Code excerpt(Section 66462.5) L\Council Agenda ReportTinal Map approval-T1750(Unit 5) RESOLUTION NO. (1998 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 5) WHEREAS,the City Council made certain findings concerning Tract 1750 as contained in Resolution No. 6874 (1990 Series), and WHEREAS, Conditions 2 and 37 of said Resolution No. 6874 (1990 Series)require the developer to secure access and improvement rights to construct bikeway improvements within the existing railroad Right of Way and culvert,which was denied by the prior owner(Southern Pacific Transportation Co.), and WHEREAS, all other conditions required per Resolution No. 6874(1990 Series) for Unit 5 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 ($ 757,200) and payment for Labor&Materials ($ 368,600). NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 1750(Unit 5) and the Mayor is authorized to: 1) execute the Subdivision Agreement, 2)accept the grant deeds for Lot 58 (Creekway)in fee title and for the open space easement over Lot 60, on behalf of the City, 3)execute the Common Driveway Agreement affecting Lots 13, 14 and 15 which is to be recorded concurrently with the final map. The subdivider shall initiate acquisition of the above-referenced rights from Union Pacific Railroad Company (UPRR)to install, and the City to maintain upon acceptance of the work,the required bike path improvements within the UPRR Right of Way and culvert. These rights shall be acquired prior to acceptance of the subject tract improvements and/or prior to final C- y-� Resolution No. (1998 Series) Page Two map approval for Unit 6 of Tract 1750. If the subdivider fails to acquire said rights and submits satisfactory evidence of due diligence in this regard, to the satisfaction of the City Attorney,the City Attorney is authorized to pursue eminent domain proceedings against the UPRR,pursuant to Section 66462.5 of the California Government Code (Subdivision Map Act), at subdivider's cost. 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 ATTEST: INTERIM CITY CLERK Kim Condon APPROVED AS TO FORM: Go� TT Je u G. Jorgensen I:\Council Agenda Reports\Final map approval resolution-Tract 1750 (U5) F,,Ah,h;V A SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between The Arbors-San Luis Obispo, L.P., 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 5, 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 5, 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 1 C-�b 110'd Z9Z0-tb68 908 '�Ul •SUOS 7 La'waH 'M'21 sT :ox 86-i£-6nv 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. 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. 2 C- V-7 Zo'd Z9Zo-b6s Soo 'DuI `sung g LEM-AUN "M-N 6T =0T 86-T£-6nd 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 Ad, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider has submitted an instrument of credit or bond approved by, and in favor of the City of San Luis Obispo, as security for the performance of this agreement, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond shall be in the total amount of $ 767,200.00, 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 sufficientto guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement If the Subdivider faits 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 3 C-444 Cold Z9ZO-b65 508 '�Ul • suog 2 Letl-AeDH 'M-M 6t =01 86-i£-6nV and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of $19,495.00, for City to inspect installation of said subdivision improvements,and verify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in Interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will fumish 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: SUBDIVIDER The Arbors-San Luis Obispo, L.P., a California Limited Partnership, By: HHP/MS 94 GP, LLC, a California Liability Company,General Partner By: Hearthstone Advisors, Inc., a C if nia Corporation,Manager w Richard 0.,Wprner, Chairman Da 4 eter Z a , sr, Vice president c-jV-9 b0'd Z9Z0-b6S S08 'DUI `SUDS T8 1_07;-AaH 'M-N GT :OT 86-L£-6nty CITY OF SAN LUIS OBISPO MAYOR Allen K. Settle ATTEST: ACTING CITY CLERK Kim Condon APP RO D AS T ORM: s I - N Jel G. Jorgensen APR OVED A TO CONTENT: CITY ENGINEER 5 C_H-10 SO"d Z9Z0-ti65 S08 -6ul ' ` ;UOS 8 Lel aH 'IN`2i Si =OL 86-i£-6ny EXHIBIT 1 TRACT 1750 (Unit 5) SUBDIVISION AGREEMENT 1. The creek protection and restoration work being installed under Tract 1750 (Unit 4), per Condition 11 of RESOLUTION 6874 (1990 SERIES) shall be completed prior to acceptance of this Unit, in accordance with that subdivision agreement_ Any necessary reveigetation of this area shall be completed prior to acceptance of this unit, to the satisfaction of the Public Works and Community Development Directors. 2. The Subdivider has paid a sewer lift station fee for Rockview-Tank Farm sewer lift station of $7,967.98 (20.19 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 $ 47,951.00 (20.19 acres x $2,375/acre) (Fee updated to 1998 a 2.5% per year) 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 Islay 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 future 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) to annex this phase into the master homeowners association per Condition 44 of Resolution 6874 (1990 series). 7. The Subdivider has submitted a monumentation guarantee of $4,800.00 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 C- 90 d Z9ZO-b69 908 -qui •sung V L03a31H! -M-N OZ=Oi 86-t£-6nV 9. 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. 10.The subdivider shall convey Lot 60, (open space), to the owner of the adjacent open space in fee to be merged with the Islay hill property, with the same provisions and restrictions of open space as per existing agreement on the adjacent property. . 11 .Per condition 37 of Resolution 6874 (1990 Series), "The developer is responsible for securing access and improvement rights, including maintenance by the City, for the bicycle path under the railroad." Requests were made by the developer and the City, but an agreement was never finalized with the former owner (Southern Pacific Transportation Co.). The subdivider shall pursue such approval by the new owner, Union Pacific Railroad Company (UPRR). If such rights are not able to be acquired from UPRR prior to a request for acceptance of this unit, or prior to a request for final map approval of Unit 6 of Tract 1750, whichever occurs first, the City shall pursue such acquisition through eminent domain proceedings, in which case the Subdivider shall be responsible for all costs of Right of Way acquisition, pursuant to the California Government Code Section 66462.5. 12.Per condition 13 of Resolution 6874 (1990 Series), "Fish and Game and Corps of Engineers Permits shall be obtained, for work within the creek and for crossing the creek near the intersection of A Street (Spanish Oaks Drive) and Orcutt Road .prior to construction in those areas. 13.Per condition 27 of Resolution 6874 (1990 Series), an emergency and construction access road is being constructed that continues Spanish Oaks Lane to Orcutt Road, to the approval of the City Engineer and the Fire Dept. 7 C - 4/_1" ZO-d ZBZ0-tp6s 808 'amu= `SUDS g 1.131-+1314 'M'?! OZ=Oi 86-i£-6ny Exhibit 2 FEE AND BOND LIST TRACT 1750-Unit 5 BONDS: PUBLIC IMPROVEMENTS AMOUNT Form/surety Received:lnitials/Date Faithful Performance $757,200 Bond#3sm91478200 GW.. 7/7/98 Labor and Materials $378,600 Bond#3sm91478200 eW., 7/7/98 Monumentation $4,800 CD#50243 City Com Bank 7/27/98 Erosion Control $10,000 CD#50235 City Com Bank 613/98 FEES Sewer Lift Station $7,968 7/7/98 Water Acreage Fee $47,951 717/98 Map Check Fee $3,877 1/14/98 Plan Checking Fee $11,571 1/14/98 Construction Inspection Fee $19,495 G 6/3/98 &7/7/98 Page 7 - a Y u ` �� a �g� c � � ! # f ;�•� J L� V ? �Si ay all Its 00 I It K b K` �a�E Q• A e y ag e V eatM m ��8�a� ■�•' s Cti • ro�� `4 w w gp ; tY C ++ 6 " � a a � �w w . .. � a .Z = X09„ • / � � �,p o l• z :1 ; o_ m '• r} ' 4y� L07 6! reR I7-A�-BB (OT 59 wrm.. - ��Q BA95 OrVrA■NOS - j t kit Al SOV7N(7PN rAG97C RAHRdD q` C'_ y_ l� pedestrian and bicycle circulation A network of bike paths and pedestrian trails is planned for the Edna-Islay S:a neighborhood. The design of this system tries to separate bike riders from streets that have heavy traffic. To do this, trails will be developed along the major creeks, in the parkway along Tank Farm Road and in the linear parks. This should make bicycling safer in the area. More importantly, the bike trails and pedestrian paths will provide convenient and enjoyable connections between housing areas, parks and the neighborhood shopping center on Highway 227. Bike paths wi•11 also link up with regional bikeways on Edna Road. Within the planning area the following principles will guide the design and construction of bicycle and pedestrian paths. - The locations of bike paths are shown on the land use and circulation map at the end of this report. Minor changes to this system may be made when the area is developed. However, the basic concepts of connecting the Edna and Islay areas under the railroad at the southern creek and along Tank Firm Road should be retained— When plans for Phase 3 of the Islay Area are submitted to the city, the city may decide that the bike paths should be located within the proposed development and not within sections of Tank Farm Road where the road grade exceeds 5%. - The general design of bike paths andede�strian trails along creeks, linear parks and 1anK Farm Road is shown on , 17 through 20, 23 and 24. The bicycle/pedestrian under ass at the south creek railroad crossing w`77-utilize a existing large culvert at that `location. Bike paths adjoining the local street immediately south of Tan—k Farm Road will be separated from the roadway and integrated with sidewalk areas similar to the proposed parkway treatment for Tank Farm Road. Bike/pedestrian and equestrian trails will also serve a dual role as access for City maintenance crews and equipment. They should therefore be designed to accommodate this secondary use. - Sidewalks will be installed in a manner that is consistent with current c�tr policy. 57 SL RACT 1750 PHASE 4 IMPmOVEMENT PLANS FOR ROAD, CUL VERT, BIKE PA TH LANDSCAPING FOR THIS ARE / AND SEWER TO LOTS #1-5 COWSTRUGT G.4LdAW/2E0 /PQ � / 5 P/PE FENG/NG`. ANO 'l7RAP" ', • Colo� PER OETA/L OW.SNEEY G-9 4e /VOTff. WORK/N!2A/L RUi90 - R/GH,r WAY'%S Sy6✓ECT TO A^i /to V/4L 15Y RAILROAD 'r.' ASTM CA MH 21 r G CONST. 81KE;PATH.PER �5 PDETAIL, SHT._C-9. - o STORMDRAIN MANHOLE S'• ''°. STORM DRAIN . . 18� HDPE �.:: f7LE BEZOW. 401vf `Sss O )EWX,OF- /4x0 �ADWNl . •�'jam, q �� 21' BASIN rAIRS ►cmr ,,y,, _ — r ANDRAILS m ETAL aY o CY. ROCK SLOPE-PR01EC77aV.' ETNQD m8',ALALEMFNT,.''LASS UG T'. ER>STATE'SPECS, SECTION':72 2 77�t.FAg!IC BACKING PER STATE PGS ,•PROVIDE' WARNING-SYGN ONLY `•.AND'•THEN WARNING WITH'STOP h S/pV.P£R DETAIL ON GONG;BoX CULVERT �`' CJr.PER OETA/L. On/ .SHF�ET G-,9 DRAINAGE MAI / MAINTENANCE ANO _l7/ Pu/JC/C OEDESTi?/AN E,45EN/E/17' Z/PO✓/OE /tt=GUL.ATORY 5/GW.57A7'1NG SKATEBOr4 RGtSB1CYCE7GL 6- YOW0 Tip f O .'N REFER Too/KA RA711,5/6/V OETA/L OW � aC/Jh$OJGL� T SHEET G-9j 16 PROVIDE R/6H ,' TUP.IV d `B/KE=PATN ENOSy' y S. P. R. R ... �� • • �>,F M aL1�Rr.• . n+F COOZA M6 of .ff . A As s+iowa TAMA" LIM or >~ 16tO[OWDOORL um M ow STONE.CONSTRUf.mN P� C LOU' n.Ow vau t-1/T ANCHOR OWS MO 741TVIIOOnfOY[l RE81R. my i RAILROAD CULVERT — FUTURE BIKE LANE CONCEPT N01ES t. APPROXWAlaY S aL TRS: OF OOVOREW AEOLORED rm LLLwtr Pll1IPOSE: TO PROVIDE 09"A7N PLAM N" FROPOPSW ROAD CROSSING ACIMSS TF9Rl RARROAD CULVERT AT MAY CAM ENHW ONLY - NO SCALE SAN LU6 !O CCWN iRAIE DESIGN �!P TAL1RMW A _ �6 5s 109UERA SEWNAPPLICANT. IiRU1 DESIGN GROUP 1L- W1S OEi9P0. CA 93+01 12 of t2 DATE SEPT. 1996 IE.ET RAILROAD CULVERT FUTURE BIKE LANE CONCEPT NOT TO SCALE �2e"er2T s . URAL RECORDING REQUESTED BY: First American Title N "'FN RECORDED MAIL TO: . )MAIL TAX STATEMENT TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 DOCUMENTARY TRANSFERS -0- SPACE ABOVE THIS LINE FOR RECORDER'S USE (X) Computed on the consideration or value ofptoperty 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- APN: Ptn. 53-091-36 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ARBORS-SAN LUIS OBISP09 L.P., a California Limited Partnership here by GRANT(S) to THE CITY OF SAN LUIS OBISPO, a California Chartered Municipal Corporation real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Lot 58 of Tract 1750, Unit 5, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded , in Book , Page of Maps, in the office of the County Recorder of said county. Dated: , 199_ The Arbors-San Luis Obispo, L.P., a California Limited Partnership By: HHP/MS #4 GP, LLC, a California Limited Liability Company, General Partner By: Hearthstone Advisors, Inc., a Corporation, Manager ;71 Richard 0. Werner, Chairman iq&xl 2.4< hAfAL,, Peter Zakar, 'or Vice President C' State of Califoripa County of Q _ On before Notary Public personally app. i ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose a is/are subscribed to the within instrument and acknowledged to me that he/she/they 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(ies)upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and Official Seal yT1Y A.HAVAUi �+ Com.i 111430'41 LOS Awwem CJUNN S tjc4x m.B:psa OCT 23.1998 Signa ABOVEREMVED FOR OMCL9L NOTARYSF4L C_,tir. 1 q 0 AL Recording Requested By: First American Title When Recorded Mail To: City of San Luis Obispo City Clerk's Office P.O.Box 8100 San Luis Obispo,CA 93403-8100 OPEN SPACE EASEMENT This indenture, trade and entered into this 31st day of July. 1998 by and between Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter called "Owner" and TETE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City." WITNESSETH WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, hereinafter described as "the subject property," an and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the subject property has certain natural scenic beauty and existing openness; and WHEREAS, Owner is willing to grant an easement to the City of 7555.08 square meters beyond the City's urban reserve line which would be preserved in its present scenic beauty and existing openness by the restricted use and enjoyment of said property by the Owner through the imposition of a perpetual open space easement with conditions hereinafter expressed; and WHEREAS, the Owner of said property submitted plans and Final Map for said development as required by City ordinance; and ' WHEREAS, the City approved said plans and Final Map including a grant to the City of a perpetual open space easement on a portion of said property; and WHEREAS, the Owner is willing to grant the perpetual open space easement on said 7555.08 square meters as part of the subdivision approval; and WHEREAS, the Owner has supplied City with a title company Preliminary Title Report listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the subject property, a copy of which is attached as Exhibit "B" and incorporated herein. 14i*1i rlew� 7c 2 0 NOW, THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, commencing with Section 51070, and in further consideration of the mutual promise, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the parties hereunto agree, as follows: 1. Owner hereby grants to the City a perpetual open space easement in and to the property described in Exhibit "A," said grant of perpetual open space easement conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed and resulting from the restrictions hereby imposed upon the use of said property by Owner for the purpose of maintaining said property in a natural open space character, consistent with the Edna-Islay Specific Plan. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of himself, his heirs, successors, and assigns with the City, its successors and assigns to do and refrain from doing severally and collectively upon Owner's property any of the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of said property by Owner and the acts which Owner shall refrain from doing upon the said property in connection herewith are, and shall be as follows: A. No structure will be placed or erected upon said premises except public water storage and appurtenances for agricultural uses consistent with the open space character and intent of this document and consistent with Edna-Islay Specific Plan. B. No advertising of any kind or nature shall be located on or within said premises. C. Owner shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control or agricultural uses consistent with the provisions of this agreement. Permitted uses shall include, but not be limited to grazing and related activities or other agricultural uses permitted by the City Council. ' D. Except for the construction, alteration, relocation and maintenance of public utility facilities and easements, the general topography of the landscape shall be maintained in its present condition and no topographical changes shall be made. E. No use of said described premises which will or does materially alter the landscape or other attractive scenic features of said premises other than those above specified shall be done or suffered. C- �-2/ F. Owner shall not cut timber, trees or other natural growth, except as may be approved by the City Community Development Director for fire protection, thinning, elimination of diseased growth, or similar protective measures. G. Owner shall not extract natural resources from said premises except for development of water rights. H. No lot split shall be permitted. I. Solid fencing with the open space shall not be allowed. Fencing design shall be appropriate to open space preservation and shall be approved by the Director of Community Development of the City of San Luis Obispo. 3. the following property right in said property are hereby excepted from this grant and are reserved to Owner: A. The right to use and occupy said land shall be limited to grazing and related activities or other agricultural uses as may be approved by the City. No vegetation other than that necessary for erosion control or permitted for agricultural uses may be planted. B. The right to construct a trail system in accordance with the Edna/Islay Specific Plan. C. The right to develop and maintain public and private water wells and supply lines. D. The right to construct a domestic water tank, supply line(s), access road, and associated appurtenances in accordance with Edna/Islay Specific Plan. The exact location of the tank and access road may be adjusted due to soil and geological conditions, mater plan layout constraints, physical access, and technical and visual issued. The final location shall be approved by the Director of Community Development of the City of San Luis Obispo. E. The right to access and maintain all existing private roads, bfidges, trails and structures upon said land. F. The development and operation of an equestrian center as may be authorized by conditional use permit pursuant to the Edna/Isaly Specific Plan and the approved and recorded final map for Tract 1750, Unit 5. 4. Land uses permitted, or reserved by this instrument shall be subject to the regulation policies and ordinances of City regulating the use of land. 5. This easement shall remain in effect in perpetuity. c- y zz , 6. Notwithstanding any provisions herein, this grant of an open space easement shall in no way restrict the construction of, nor the right of Owner to permit construction of, public service facilities installed, or to be installed, for the benefit of the land which is the subject of this grant, provided such facilities are installed, or to be installed, pursuant to an authorization of the City Council. 7. Nothing in this agreement will prevent any facility from being constructed or maintained if that facility is approved as part of a project approved with the Edna/.Islay Specific Plan. 8. This open space grant is intended to coordinate with pending and future projects within the Edna/Islay Specific Plan area. It is agreed by all parties that when final tract boundaries adjacent to the northerly boundary of this open space easement are established and approved by the City Council, the open space parcel and easement will be adjusted. The adjustment will match the future Tract boundary utilizing the lot line adjustment process and the boundary of this open space easement will be amended to coincide with the adjusted lot line. 9. This grant may not be abandoned by City except pursuant to all of the provisions of Section 51093 of the Government code of the State of California. 10. This grant of open space easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.5 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51050, shall be deemed to be enforceable restriction with the meaning of Article XXVIII of the Constitution of the State of California. 11. The trust deed beneficiaries and mortgages, if any, listed on the Preliminary Title Report referred to above, and which signatures are affixed hereto, do hereby assent to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. 12. The terms contained herein shall be binding on the parties hereto and their successors and assigns. 13. This open space easement shall be effective upon the effective date of recordation of the Final Map of Tract 1750, Unit 5. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. O R: bin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990 State of Calif County of On befor m Notary Public personally ap O il! rsonally known to me (or proved to me on the basis of satisfactory evidence) to be the rson(s) whose name istare subscribed to the within instrument and acknowledged to me that he/she/they 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(ies)upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and Offr ' S Y MARY GRDEfiI COMM #1053339 < �^ - Notay Public California rA San Luis Obispo County N My Comm.Exp.March 26.1999 Signature ABOVE RESERVED FOR OFFICIAL NOTARY SEAL BENEFICIARY: HEARTHSTONE HOUSING PARTNERS, L.P. a California Limited Partnership., as to Deed of Trust recorded January 31, 1997 as Instrument No. 1997-005003 of Official Records. HEARTHSTONE HOUSING PARTNERS, L.P., a California Limited Partnership By: Hearthstone Professionals, L.P., a California Limited Partnership, General Partner By: Hearthstone, Inc., a California Corporation, General Partner By: ar4acyytCarver r Vice President State of California County of %Me) C1 S r O On Auiysr3 f /9'9 before me, Da%Wk f16C S 7 FZ7— Notary Public personally a peared Cy T C AK0E7C personally known to me (or proved to me on the basis of tatisfactory evidence) to be the person(s) whose name islare subscribed to the within instrument and acknowledged to me that he/she/they 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(ies)upon behalf of which the person(s)acted,executed the instrument. r Deborah Holstedt WITNESS my hand and Official Seal V _ Comm.81163723 ^^; lo ity A CMU6LP'•CFUFORNVY" . C6y 4 Cowry 01 San Freroico n wk/410- Signature Comm.Fsp.Nov.28.2001 /&fto-Z ABOVE RESERVED FOR OFFICIAL NOMY SEAL C- y_ 2� Exhibit "A" Lot 60 of Tract 1750, Unit 5, in the City of San Luis Obispo., County of San:Luis Obispo,.State of Califbmia,:according to map recorded._ —; in.Boole _-_ _, Page of Maps, in the•ofce of the County Recorder of said county. EXfIIBIT'''B" (Attach Preliminary Report) C- ' 7 Reoording Requested BY and when Reomded Mail To: City orSan Luis Obispo Community Dnelopmem DepL 990 Palm Stteet San Luis Obispo,CA 93401 A.P.N.53-091-36 GRANT OF EASEMENT AND AGREEMENT FOR COMMON PRIVATE DRIVEWAY (One Easement, One Party) This agreement is entered into between the CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTERED MUNICIPAL CORPORATION (hereinafter referred to as "City"), and The Arbors-San Luis Obispo, L.P., a California Limited Partnership (hereinafter referred to as "Owner(s)"), with reference to the following facts: A. Owner owns the following described real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: Lots 13, 14 and 15 of Tract 1750, Unit 5, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded , in Book , Page of Maps,in the office of the County Recorder of said county. B. Owner desires to construct residences on each of said lots; and C. City, as a condition of said development, requires the creation of a common driveway agreement to serve said lots, for the benefit of each of them, and for the benefit of Owner. The parties hereto agree as follows: 1. Owner hereby dedicates an easement for a common driveway over said property, as shown on Exhibit "A" for the use and benefit of all of said lots. 2. Owner and its heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owners of Lots 13, 14 & 15, its heirs and assigns will be jointly responsible to improve, maintain and keep in repair, said driveway, in the following manner: The owner(s) of Lot 15 shall be responsible to maintain 100% of said lot's frontage, 50% of Lot 14's frontage and 33% of Lot 13's frontage. The owner(s) Lot 14 shall be responsible for 50% of Lot 14's frontage and 33% of Lot 13's frontage. The owner(s) Lot 13 shall be responsible for 34% of Lot 13's frontage. (b) Prohibit all parking on the common access portions. (c) Owner(s) agree jointly and individually to reimburse the City of San Luis Obispo for all costs connected with the removal of vehicles from the common access portions, and will reimburse the City for, and hold the City harmless from, all final judgements against the City for damages or other liability arising from the enforcement of the aforesaid prohibition against parking.. (d) Owner understands that the City cannot regulate vehicle usage or hazards upon said common access driveway and agrees jointly and individually, to defend and hold the City harmless from all claims for damages or liability arising from the alleged failure of the City of regulate vehicles or to provide protection from hazards upon said driveway. (e) Repair any portion of said driveway that is damages through the intentional or negligent acts of said party, or parties, or his/her or their licensees and invitees. 3. The parties agree that this easement is superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. 4. As required by the City, additional information is attached to this grant of easement and incorporated by reference as . (If non is required, write "none".) The Arbors-San Luis Obispo, L.P., a California Limited Partnership By: HHP/MS #4 GP, LLC, a California Limited Liability Company, General Partner. By: He one Advisors, Inc., a C ' orni orporatio�ager D, L, Richard 0. er, Chairman Dated: At//Jrl9 7 Peter Z or Vice President Dated: b City of San Luis Obispo By: Dated: C- y. .t9 State of California) County of- rLtsis-9bisQo�' On�� .�, � 19 17P before me, 4 Notary Public, perso �y—appear�edg G < -personally known to me of( ) proved to me on the basis of satisfactory evidence to U the person(s) whose name(s) jOare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4~their capacity(ies), and that by 10t&/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. k MLYA.PAYA s . coast •iomaat •t'. NolC"Pose—Cas! tos R La couhnv Not Wb �ycarm, sm'raOCr23.lo,�8�i�y C- 4c.-3 0 I / 7u90*8 urb5� 00• vgt.\ 98S Ln ti l&nOJ snN&OO 3 I-U[L6'6l rill 3„9S,9S.ZLs �J wZZ9'9S e 01 a` a s 3„9S,9S.ZLs D � [u2 O Og y .eZs�g9l d a c� Cri G p q l l v 3 v �� ti 3• ..JJJ�^cin 0 �� e .. o�� �tirn � Lu v �"�' N �� •� �Ci NUUa 5[9'99 M„9.9,95.ZLN � ^i \ aLL9Zp, „9S,9SZLN 3 �Yo�.�^�i�� uj££9'OL �I IW35d3 £ e +Co +++ ~� M„99,99.ZLN I 1N ba u[8�� + 3+ dNid v o + IQ C� �ZL9'Zf� + +++ o 3 m o b£SP Yl M„9S,99.ZLN +++ C-) t� D +++ a + + + n vf � a V +++++ S�ll� (� + + 1 + + nl DO 11 I1 +++++ Z N + + y O 1 1 1\ �LZg ov ? 4��606F \\ go. 5. l9i 2 ss OD 00 Ri Q) O a 3 g0 SS.IgN n� city of San tins OBISp0 l' FINAL MAP APPROVAL CHECKLIST PROJECT NAME T2 A C7— ( 75-0 // DESCRIPTION 9 Lp r S%NdG� fi$/'7/G L S�U130/VYSlL1t(/ ' l�!//G r7/.�/G �ryc�uf�S' MAP NUMBER ['7 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS N DESCRIPTION LMILAL DATE COMMENTS 1 GRADING Including planting&retaining walls i 9/ 41. 2 STORM DRAINS&DRAINAGE STRUCTURES r r r. c C'c/ 3 SEWERS&SERVICES ff 5.0W,05 tpC9 5 Te 4 WATERLINES&SERVICES 5 FIRE HYDRANTS 6 CONCRETE Curbs and Gutters Sidewalks Driveways WREETS&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) 10 PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met O 5 FA 12 MONUMENTATION e 5-77-,g 13 STREET TREES We 14 OFFSITE WORK UA- 15 BONDIGUARANTEE deposited 16 PARK dedication or inaleu fees 17 De os it Account Status OTHER CONDITIONS 181 Board o1 Adjustments 19 1 Planning Commission 20 1 Architectural Review Commission City Council � N2c Abandonments 23 Other ATTACH LIST OF CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AFJIROV L WORKS V � C�T` � PPROVAL 528 PUBLIG& RIGESAi 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 i finds that those two documents in combination are .¢mac`«�U� �G; C. a,(-33 Resolution no. 687y (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. S. 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 boundarids 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. C- Resolution no. 687y (1990 Series) Tract 1750 Page 3 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 , allaccess 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 �o response vehicle with off-road capability, to serve this 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. 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 20 '-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. 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. C- IV-3r Resolution no. 6874 (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 acid 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 .ald 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 representatives of the Department of Fish and Game, the San Luis Obispo Urban Creeks Council, the Community 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. C-4-36 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 �-y37 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. 26. 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 51 an emergency and construction access road must be provided that continues 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 Gor.ian 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 Qls 3 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 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 street, above and below Street "'A° (phases5 and 6) are stable an. suitable for development, to the satisfaction of the City c- y 39 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 maybe required to contribute towards theseimprovements 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 permits for phase 3 . 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 publicstreets shall comply with the city's Engineering Standard. Detai ;sl Spec ifications, 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. x.38 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. 3'.. 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 public park purposes, in or prior to phase 4 . The 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 1101- 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 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. 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 ��f (2 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 to flooding during a 11100-year" storm, to the satisfaction of the City Engineer. Parks and open space: 35. The neighborhood park may be completed in one phase by the developer. The subdivider shall record a lien or alternative approved by the Community Development Director, equal to $750 per unit for park improvements, to become due 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 C. y_AO Resolution no. 6874 (1990 series) Tract 1750 Page it 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. Building envelope 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 the property line, and the area between the wall and the street landscaped with drought-tolerant shrubs and groundcover by the developer, to the approval of the Community Development Director. Fees: 52. 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. 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. 1179 (PD 1449-B) . C- y- y3 Resolution no. 6871/ (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 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 developifient 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: 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 a 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 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] Resolution no. 687y (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 R.oalman ABSENT: None the foregoing resolution was passed and adopted this 18th day of September , 1990. �'_y y�