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
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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
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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.
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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
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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
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eter Z a , sr, Vice president
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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
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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).
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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.
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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
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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
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RAILROAD CULVERT — FUTURE BIKE LANE CONCEPT
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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
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_ �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.
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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�