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HomeMy WebLinkAbout12/13/1999, C1 - FINAL MAP APPROVAL FOR TRACT NO. 1750 (UNIT 6), A 58-LOT RESIDENTIAL SUBDIVISION SPANISH OAKS DR., AT ORCUTT RD. [PARK VIEW-SAN LUIS OBISPO LP, SUBDIVIDER (HERTEL)] counciL Di�12-13 9 j acjEnaa Repom 1 CITY OF SAN LUIS O B I S P O FROM: Michael D. McCluskey,Director of Public Woriq Prepared by: Jerry Kenny, Supervising Civil Engineer SUBJECT: Final Map Approval for Tract No. 1750(Unit 6), a 58-lot residential subdivision Spanish Oaks Dr., at Orcutt Rd. [Park View-San Luis Obispo LP, subdivider(Hertel)] CAO RECOMMENDATION: Adopt resolution approving the final map for Tract No. 1750(Unit 6); accepting Lots 56, 57, &58 (creekway,bike, pedestrian and sanitary sewer purposes) and Open Space easement within Lot 54. 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 53 single-family lots and 5 non-residential lots. Lot 54 is being deeded to the owner of the adjacent Islay Hill open space parcel, with easements reserved for drainage,Fire Department and public access to the Islay Hill to accommodate a proposed trail system, and for open space, as provided for in the tentative map conditions. 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,in accordance with the tract conditions. Lot 55 is being deeded to the existing master Islay Hills Homeowners Association (HOA)for maintenance of the area primarily under the major P.G.&E power lines. Lots 56- 58 are being dedicated to the City in fee for: creekway,pedestrian and water main purposes; drainage and sanitary sewer purposes; and public pedestrian purposes,respectfully. Lots 55 and 56 are subject to existing PG&E easement rights to maintain high voltage overhead power lines and related facilities. CC &R's have been approved for"annexation" to the master HOA,which includes provisions for maintaining drainage swales adjacent to Lots 27 through 47,the drainage and turtle corridor through Lot 14 for common maintenance of the brow ditch, fire department access, drainage facilities, and other prescribed map conditions. This Declaration of Annexation to the master CC &R's will be recorded with the final map. Railroad Bike Path Connection A. Background The Edna-Islay Specific Plan(FISP) and Tract 1750 tentative map require a connectio ywfn Council Agenda Report- Final Map Approval for Tract 1750(Unit 6) Page 2 the Edna and Islay neighborhood bike and pedestrian pathways to provide a convenient and safe route between the Edna and Islay neighborhoods and parks. The EISP condition anticipated using the existing large arch culvert under the railroad to connect to the Edna neighborhood bike/pedestrian improvements on the west side of the railroad. The plans for Unit 5 incorporated improvements to accomplish this goal. However, the necessary permit rights have not yet been acquired from the UPRR to allow this work to be done. [See Attachments 4 and 5 for culver/bikeway details) The subdivider originally pursued the necessary rights from SPRR, but approval was denied. Public Works Department staff subsequently pursued such approval on behalf of the developer and the City, assuring the railroad that the City would maintain the creek channel and the bike and pedestrian improvements within the culvert, including lighting,per the Edna-Islay Specific Plan (EISP). The SPRR also denied the City request. A possible compromise was "suggested" by SPRR staff,wherein the City would assume ownership and maintenance responsibilities for the culvert. The railroad has now been acquired by Union Pacific Railroad Company(UPRR). The Subdivider and staff again pursued approval of these rights from UPRR,but there has been no resolution regarding this matter as of this date. City staff met with California-based UPRR representatives in Sacramento this month and have some level of expectation that a positive response to the request may be forthcoming. However, at the time of this writing,no response has been received. Any updated information received from UPRR prior to consideration of this item will be conveyed at the meeting. B. Eminent Domain Proceedings This is the final unit of Tract 1750. Failure to acquire the "offsite rights/easement" (i.e., bike path connection) would trigger a 120-day period in which the City would need to acquire the rights for the Subdivider to construct these improvements or initiate eminent domain (condemnation) proceedings against the UPRR,per California Government Code Section 66462.5 (part of the Subdivision Map Act- See Attachment 11) Failure to do so,would result in the condition being automatically waived. Staff will continue to pursue the necessary approvals without such action. However, if a favorable response has not been received from UPRR within a reasonable timeframe (approximately 60 days), the City attorney would initiate eminent domain proceedings. The attached subdivision agreement provides for the possibility that eminent domain proceedings may be necessary if an agreement is not reached between the City and the UPRR at the Subdivider's cost. The resolution approving the final map authorizes the City Attorney to pursue such action, if the rights have not been acquired. C. Possible Alternative Route An alternative route has been considered,which would involve a new exclusive tunnel under the C1-2 Council Agenda Report- Final Map Approval for Tract 1750(Unit 6) Page 3 railroad from within the detention basin (10 ft. minimum diameter) outside of the creek channel— where drainage and access via stairs could be avoided. However, the total cost of this alternative is substantially more than the cost to modify the existing culvert, as prescribed in the EISP and tract conditions (preliminary estimate is $500,000). UPRR approval would still be necessary. If the City Council, at its discretion, determines that this alternative alignment would be more desirable as a result of negotiations with UPRR than using the proposed culvert crossing, the Subdivision Agreement provides for payment to the City of the amount attributable to the Subdivider's cost to construct the current approved design, as determined by the Public Works Director. This amount has been established at$40,000. All additional costs to construct this alternative would have to be budgeted under a CIP project or outside funding secured, possibly from a grant program. Failure to negotiate an agreement or acquisition by condemnation could still result in the culvert being used"illegally"by citizens who wish to traverse between the neighborhoods -without any improvements "within the culvert". This would not be an easy route,due to the standing water within the culvert for most or all of the year(due to downstream creek limitations). Other Issues An upstream pedestrian bridge across the creek is being installed in connection with this unit, which provides a direct link to Islay Park, near Orcutt Road. A new vehicular bridge and widening of Orcutt Rd. are currently under construction as a condition of an earlier unit (Unit 4). This will provide a safe intersection and"looped"access for Spanish Oaks Dr.,which serves Units 5 and 6 and connects with the adjacent"Islay"neighborhood. Re-vegetation and enhancement of the creek corridors in accordance with the adopted "Creek Concept Plan"and the "Turtle Study" are incorporated into this project. All fees and bonds have been received, as noted in the Fee and Bond List attached to Exhibit A of the attached subdivision agreement. The improvement plans have been approved and construction is currently underway. The subdivider has, therefore,complied with all of the conditions of this unit,except for the offsite acquisition (bike path connection)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, a pedestrian bridge,public storm drains, sanitary sewer and water facilities,bike and pedestrian paths and creekway. C1-3 Council Agenda Report-Final Map Approval for Tract 1750 (Unit 6) Page 4 - -- CONCURRENCES: The Community Development Director,Utilities Director and City Attorney concur with the recommended action. Attachments: 1 -Draft resolution and subdivision agreement 2. Maps 3 -EISP conditions/pedestrian abd bikeway circulation 4-Bikeway connection to RR 5 -Bikeway section within RR culvert 6- Deed for Lot 56, 57 & 58 to City. 7 -Open Space Easement to City (within Lot 54) 8 Common Driveway Agreement 9_Final Map Checklist 10-Resolution.No. 6874 (1990 Series) 11 - Subdivision Map Act excerpt(Government Code Section 66462.5) 12-Deed to Islay Hill HOA(Lot 55) 13 -Deed to R.Rossi (Lot 54) 14-Notice of Requirements (to be recorded) I:\Council Agenda Report\Fiinal Map approval-T1750(Unit 6) C1=4 RESOLUTION NO. (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1750(Unit 6) 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,which has thus far been denied by the owner(Union Pacific Railroad Co.), and WHEREAS, all other conditions required per Resolution No. 6874(1990 Series) for Unit 6 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached Subdivision Agreement (Exhibit A) and surety to guarantee Faithful Performance ($1,090,000 total) and payment for Labor&Materials ($ 545,000 total). NOW THEREFORE,BE IT RESOLVED that final map approval is hereby granted for Tract No. 1750(Unit 6) and the Mayor is authorized to: 1) execute the Subdivision Agreement and 2)accept the grant deeds for Lot 56(Creekway),Lot 57 (Drainage& Sanitary Sewer purposes), and Lot 58 (pedestrian path to Islay Park)in fee title and the Open Space Easement over Lot 54, on behalf of the City; 3)execute the Common Driveway Agreement affecting Lots 27, 28 and 29,which is to be recorded concurrently with the final map. The Public Works Director shall pursue acquisition of the above-referenced access and improvement rights from Union Pacific Railroad Company(UPRR) for the Subdivider to install the required bike and pedestrian path improvements within the UPRR right of way and arch culvert. C1-5 Resolution No. (1999 Series) Page Two If such rights are not secured within sixty(60)days of this date, 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). The Subdivider has posted a fifty thousand ($50,000) dollar Letter of Credit as a deposit towards applicable costs to process this action, in accordance with the attached Subdivision Agreement. Failure to acquire the rights by eminent domain,or otherwise, shall be cause for waiving Condition 37 as the Subdivider's responsibility; except that the Subdivider shall pay$40,000 to the City to pursue an alternative connection between the Edna and Islay neighborhoods, as prescribed in the Subdivision Agreement. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1999. ATTEST: MAYOR Allen K. Settle CITY CLERK Lee Price APPROVED AS TO FORM: ,WJefj$y G. Jorgensen IACouncil Agenda I2eportsOinal map approval resolution-Tract 1750(U6). C1-6 q SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between Park View-San Luis, LP., A.California Limited Partnership, herein referred to as °Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to.as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 1750; Unit 6, 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 6, be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of:San Luis Obispo (Tie 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 AN CQNDMQNS_ 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 A14D SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curbstop. 4. DRAINAGE STRUCTURES C1-7 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. 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 2 C1-8 Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of Califomia. 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 $ 1,090,000.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Govemment Code of the State of Califomia, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50%of the above described subdivision improvements in accordance with State law. Said Subdivider has paid a total inspection fee of $27,815.00, for City to inspect installation of 3 C1-9 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 furnish copies of the successful bidders contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF,this agreement has been executed by. SUBDIVIDER: Park View-San Luis Obispo, L.P., a Cafrfomia Limited Partnership, By: MS IVSEPII GP, LLC, a California Liability Company, General Partner By: Hearthstone , a Califomia Corporation, Manager Dated: 3 `/`/ c_te a-`i��d,,-- Dated: 4 C1-10 NOV-24-1999 WED 10:39 Ella HEE. ;TONE ADVISORS FAX NO. 415 1519 P. 03 • 1��� JiQ.�I — 5�.- L�� s ob:spo , G.P . said s'""'s'" lmpmwment5,and verily that they have been completed in pI aoro►dartce with the plans and epecficaticns. Title 16 of the San Luis Obispo LWciPal Code, entitled 'Subdivision; all plans and spedfications on fie with said Cay Engineer as a part of said Subdivision Map. and all other docummft Mod with the CilY by the SUIxWer and approved by the CitY Engineer are hereby referred to for huffier parbagm In interpreting and ddbft the obligations of the Subdivider under this agreement. It is Undersbod and agreed by and between the SabdMder anti the City hereto that this agreement snap bind the heirs, executors, admkjs4atprs, suooessors and assigns of the Tespective Parties to ihis agreement R is agreed that the Subdivider will fw&h copies of the suooessful bidders oaMract unit prices and total irld prices for ap of the improvements herein referred to. IN WrrW-SS WHEREOF.this agreement has been exewted by. SUBDIVIDER: Park Vwf-Sart L.tes Obispo,LP.,a Caftfr a Limited Partnetship, By:MS IUSEPII GP,LLC,a California Vab'rdy Company.General Partner BY Hearthstone luta., a � Carifomia Corporatlon,Manager Datectd Dom: -- 11 J. A Prq 4 C1-11 CITY OF SAN LUIS OBISPO MAYOR Allen K. Settle ATTEST. CITY CLERK APPROVED AS TO FORM: r0ft?lNEY0(ffrey0. Jorgensen APPROVED P TO CONTENT: X PUBLIC WORKS DIRECTOR Michael D. McCluskey 5 01.42 EXHIBIT 1 TRACT 1750(Unit 6) SUBDIVISION AGREEMENT The Subdivider has paid a sewer lift station fee for Rockview-Tank Farm sewer lift station of $4,120.15 (10.44acres x$131.55 x 3),per Conditions 20 and 22 of Resolution 6874(1990 series). 2. The Subdivider has paid water acreage fees of$ 20,880.00(10.44acres x $2,000/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). 3. 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 this unit of Tract 1750. 4. 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). 5. 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). 6. The Subdivider has submitted a monumentation guarantee of $5,500.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer/Surveyor indicating the work has been completed the work and payment has been made. 7. 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). 8. 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. 9. The subdivider shall convey Lot 54, (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, simultaneously with recordation of this final map. 10. Per condition 5 of Resolution 6874 (1990 Series), "Me subdivider shall pay $60,000 to the city for a fast response vehicle with off road capability, to serve this area. Payment of $60,000.00, adjusted for inflation between tentative map approval and time of payment, shall be made prior to approval of the final map for phase 6. ($60,000.00+3% interest compounded annually=$78,28639) 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." The above-referenced access and improvement rights have not yet been acquired by the Subdivider. City staff is currently pursuing such rights with Union Pacific Railroad Company (UPRR). In accordance with California 'overnment Code Section 66462.5 (Subdivision Map Act) provisions, the City will acquire such rights or file .minent domain proceedings on behalf of the Subdivider, within 120 days of the date of final map approval for C1-13 6 this unit of Tract 1750. The sub4.rider has submitted a letter of credit in the amount of fifty thousand ($50,000.00) dollars as a good faith deposit to guarantee payment of any and all applicable costs associated with this acquisition. Any additional costs shall be paid to City within 30 days upon demand and/or prior to acceptance by the City of the improvements for this unit of Tract 1750. In the event the City, at its sole discretion, finds and determines that an alternative alignment would be more acceptable and/or feasible (through its negotiations with the UPRR) than utilizing the proposed culvert crossing under the UPRR right of way, the Subdivider agrees to pay to City the amount attributed to the Subdivider's costs to improve the current design utilizing the UPRR culvert, as determined by the Public Works Director. This amount is forty thousand ($40,000) dollars and would be payable prior to acceptance of the improvements and release of surety by City for this tract. C1-14 EXHIBIT 2 TRACT 1750-6 FEE AND BOND LIST "Bonds" - Improvements: Amount Form/Surety Received 1. Faithful Performance (required prior to recordation) 100% Public Improvements & Infl. & Contingency (American Motorists Ins. Co.) On-Site Improvements $ 990,000.00 Bond/#3SM95990500 11/29/99 Creek Bridge & misc Improvements $ 100,000.00 Bond/#3SM95990600 11/29/99 TOTAL $1,090,000.00 2. Labor & Materials (required prior to recordation) 50% of Faithful Performance On-Site Improvements $ 495,000.00 Bond/#3SM95990500 11/29/99 Bridge & Misc Improvements $ 50,000.00 Bond/#3SM95990600 11/29/99 TOTAL $ 545,000.00 3. Monumentation Trust Deposit $ 5,500.00 Account No. Fees - (paid with final map) A. Sewer Lift Station Fee $ 4,120.15 052-0017-074-030 11/29/99 10.44AC x $394.65/Ac B. Water Acreage Fees $ 20,880.00 050-0017-071-020 11/29/99 10.44Ac x $2,000/Ac C. Opticom Device $ 10,000.00 001-0015-045-080 11/29/99 D. Off Road Vehicle (Condition 5) $ 78,286.39 11/29/99 ($60,000 + 38 compound interest) Plan Checking and Inspection Fees Plan Checking Fee $ 18,603.00 001-0015-046-010 1/26/99 Construction Inspection Fee - Deposit $ 10,000.00 001-0015-048-030 9/22/99 Construction Inspection Fee - Remainder $ 17,815.00 001-0015-048-030 11/29/99 F. 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O O ( ~ a b x '! < :a os@�C 4 WW FFpp tt an y xNcd big be M .may O S °3G Qs �a Ny Nb N N< N V) ep}$ 8�. �/�•yy �m�oyg, ,, hq a i, r� "r r^ r r., r 6< S'°gx. 3W�h� °•1�� � •g P4S Q a . e� '� •G =u�i �mh 139 9D it O Rye .p'a^ \ d 0)d A ro4a a 3 pp0 ,a•�,*°9'� �• vii e � �. e oEtG� ` be to < $�• / // ----------— --- 41r ,/ e.F- 4-1 / 'D' //,� ' Sas tleFvt 9v 2MX" y9\ J \m VI Ss19m �gRiK \ g$w_ h A E ��� ate' S9•• g\�� �� _���\ .�:` 4$ ` �6 ` T_� \`\� A � �� •n�a11` s � � � 111 °°Ye 2Kea"s •� IL t `� s O. \�\`e<• ho *@ 36 Z-4 g•• \•9 \�3.'� e c II fig_ •re ";, h: \\`Z b-ter °'•[ .,UgC ppPULUS I -$o->.•� 9.D n _v.e�°° a �� a s. rsa_�= ay,�� 1 41, _• S 41 ,11 f".re ¢rs s i ed ee-, /o is I,"- N °< , F. o$�il �1R '4bO/8igy as lot ;//d ; P�/S'�`d • R�'10 A�¢ L 141 f d 'J`� f ` ;� RI I Sara. y�\ b /a!� "�y �•q \_ nb?aQ� RAA R Ai _ /. 8y i pedestrian and bicycle circulation A network of bike paths and pedestrian trails is planned for the Edna-Islay '.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 will 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 Farm 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 and pedestrian trails along creeks, linear parks and Tank Farm Road is shown on igures , 17 through 20, 23 and 24. The bicycle/pedestrian under ass at the south creek railroad crossing will utilize the existing large cu vert at that `location. Bike paths adjoining the local street immediately south of Tank 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 city�policy. Cl-20 57 TRACT 1750 PHASE 4 �,... ROV/EMENT PLANS FOR ROAD, CUL VERT, BIKE PA TH LANDSCAPING FOR THIS ARE ` AND SEWER TO LOTS #1-5 GONSTieUGY 6.4G1/�9N�2E0 ' = / 58 P/PE FEJVG/NG`. ANO TiPAP' • • •'•� •:� / PEROETA/L,ONSHEE�G-9•', -..•' NOTE WORK/N. lGNT-OF-WAY X5.5. O f1f�R0✓AL SY RAiGROi10 = c ooe 3•G `COMST.SIKE;PAW.PER o SIt7RYDRAIN MANHOLE ,:,::• T—k _DCTAIL, SHF C-9. J ' m ) STORM DRAIN 18'•HDPE BELOW. ' 456 BEND �pi4�� ..<. 'r:'-., • � Q ' Sgt CS�)4 t(FADNALL wllgrfe�f•. CY R067C SLOAC-Molrc 'a'.awc 61ir i ua� �g>srAi 'sPE'Gs, S£CI10N,7Z 2 Wf7fl�FABRIC 814 PER'SrA.iF QG� SPECS, - ,CAGdY. BB-.. :.•.;'- .•: .: '. .'PROVIDE WARNING S%GN ONLY_. `.AND'7HEN WARNWG fN7H STDP 4) n SIGV.PER DETAIL.ON SHT.•'C,9:.,ry,� ,v a Ic" GANG,-$OX GULYFXT ^' M,4/4. ON CITti DRAINAGE MA AIA/N7ENANCE AND ^wm rC PEDESTR�:9N /--� PROviDE REGc/GAToRY .5/GN..STi9TlND.; , ,� �• '` yN0 RIO/N6 OF BiGYGtE.S ROLLE�f 6LstOES; SKATESOfiRLZS, E7G B�YONPTPfi3.PD,WT..X . . REFER roe/<e PfiTNSl6N OETA. %G ON SHEET G-9j /2'X /a' P/WEG• . a PROVIDE RIG/+ TURN & A `,6lk6PTNENDS°'. C1-21 u.noeiin/f-' C/Gti. ^ OG,P rJFTA// 0A1S4&1ZC-9 �����• ......... r -• - „� oaKsnluelfo,+is of sore . :9 • As SHOW IIiE'.mwt snow 00 or CVLi6er•6 QOl+ditiTE WIN i►E sAI�amo�ammoas 0= slat cm6"I e({w P t: LOQ'Fww . vAlu js 4T Ax- S , }IApf•tAY. sfr RAILROAD CULVERT = FUTURE BIKE LANE CONCEPT - Nolm . . - . t- APPRI "lar sac WS of WVOWW AEOUaED suv aC1kRT- PUWaSE_ TO PROVIDE 8111ffPATH PLM VIER LPRIMMM RWm Owls 1+0ACCESS TrW RARROAD CLLVERT AT MAY CFM E MWT DIMLY - MO SCALE o LUIS OWv COUNTYTALIF�Aow Des= GROW AIIC RM DESIGN GROUP Sn POMEA SRT i"SAM UAS SPO. CA 97401 N 3> 12 of 12DAZE: SEPT. 19:16 RAILROAD CULVERT FUTURE BIKE LANE .CONCEPT NOT 70 SCALE RECORDING REQUESTED BY: and -'HEN RECORDED MAIL TO: .,ity of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 DOCUMENTARY TRANSFER SPAC ABOVE THIS LINE FOR RECORDER'S USE (X) Computed on the consideration or value of property conveyed;OR ( ) Computed on the consideration or value less liens or encumbrances ' ( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name- AP . 53-091-3 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LIMITED PARTNERSHIP hereby GRANT(S)to THE CITY OF SAN LUIS OBISPO, a California Chartered Municipal Corporation the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more articularly described as follows: Lots 56, 57 and 58 of Tract 1750, Unit 6, 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:November 18, 1999 Park View-San Luis Obispo,L.P., a California limited partnership By: MSII/SEPII GP, LLC,a California Limited Liability Company, General Partner By: Hearthston a Californ70--yr- Markiporath, ration,Manager N �Senior Vice Presiden lel Stephanie Stankus,Vice President C1-23 State of Califo County of 6W- 2 g 9 before me, Notary Public personally appeared a- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name 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 Ric i"v Fubtc-carfcxnia Las Angeles Courdy S t^'Ccan.'rLE:VrmOCf23.2M2 Q Signa ABOVE R£SFRVED FOR OFFICIAL NO URY SEAL MAIL TAX STATEMENTS TO: Same address as shown above C1-24 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, made and entered into this=day of , by and between Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter called "Owner"and THE 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,"and more particularly described as Lot 54 of Tract 1750, Unit 6, 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, 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 19,193.04 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 19,193.04 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"A"and incorporated herein. fJ'irG�i�c k't�7 C1-25 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 said Lot 54 of Tract 1750, Unit 6, 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 appurtenance 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. C1-26 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, master plan layout constraints,physical access, and technical and visual issues. 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,bridges,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/Islay Specific Plan and the approved and recorded final map for Tract 1750,Unit 6. 4. Land uses permitted, or reserved by this instrument shall be subject to the regulation policies and ordinances of City regulating the use of said land. 5. This easement shall remain in effect in perpetuity. C1-27 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 the 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 an enforceable restriction with the meaning of Article XXVIH of the constitution of the State of California. 11. The trust deed beneficiaries and mortgagees, 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 6. C1-28 IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. O AAJ11-- -�� Rin L. Rossi, Trustee of the Robin L. Rossi L g Trust dated October 20, 1990 State of California Countyof5AVOW, OS kllV-0- On before me, DaaflAJEDOe dY1 ye a!S Notary Public personally appeared RObllr� 4.RDSSI personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name 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 DOMIAJMMVM Coernhdonitt1 AS tmuft bUpsCOLFft MyCamm E g' Doea.t99i ti4fnaiiiie ABOVE RESERVED FOR OFFICIAL NOTARY SEAL C1-29 Recording Requested By and When Recorded Mail To: City of San Luis Obispo Conmmnity Development Department 990 Palm Suint San Luis Obispo.CA 93401 A-P.N. 53-091-37 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 Parkview-San Luis.L.P.,a Cali fomia 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 17, 28, and 29 of Tract 1750, Unit 6, 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 said lots. 2. Owner and his heirs and assigns hereby agree to comply with the following terns and conditions: (a)The owner(s)of Lots 27,28, &29 , 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 27 shall be responsible to maintain 1000/6 of said lot's frontage,50% of Lot 28's frontage and 33%of Lot 29's frontage. The owner(s)of Lot 28 shall be responsible for 50% of Lot 28's frontage and 33%of Lot 29's frontage. The owner(s)of Lot 29 shall be responsible for 34% of Lot 29's frontage. (b)Prohibit all parking on the common access portions. �� C1-30 1 (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 to regulate vehicles or to provide protection from hazards upon said driveway. (e) Repair any portion of said driveway that is damaged through the intentional or negligent acts of said party, or parties, and 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 none is required,write "none".) SEE ATTACHED SIGNATURE BLOCK Attachement to"Grant of Easement an Agreement for Common Private Driveway"between the City of San Luis Obispo and PARKVIEW-SAN LUIS,L.P., a California limited partnership. C1-31 PARKVIEW-SAN LUIS,L.P. a California limited partnership By: MSII/SEPII GP, LLC, a California limited liability company General Partner By: Hearthstone, a California corporation Manager (r Stephanie StankusV s,L, icePresident By: See C74a C /'e ' J Mark Porath, C.F.O., Sr. Vice President ------------------------------------------------------------------------------------------------ State of Caifo County of t&d } 7(/ On By- r!n� 19�, before me, Notary Public,personally appeared personally known to me or( )proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that (s)he/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ;; C. Notary Pu lic C1-32 NOV-24-1999 WED l U:sl All htM I'1iS] t AUv ibm HiX IVU. 415 �-iy l o l a r, uc r ` P r.J � M^49 r� �r --4 At wl o/ 1 11'ARKVIXW-SAN LUIS,L.P. a Califomia limited partnership By: MSIIlSEPII GP,LLC, a Califonua limited liability company I t General Part= By artbsto U� a �S a Califiomia c corporation Manar_,er Stephanie Stankus.v Pr 'dent By: Mark P a,,C.F.O.,Sr. ice President State of Califomis } County of__ } On 19---,before me, Notary Public,personally appeared ( )personally known to me or( )pmved io me an the basis of satisfactory evidence to be the person(s)whosc nmme isfwc suubscttfed to fire within hwrament and ardnwwledgod to me that(s)bellhey executed the same im hWhefhheir capacity(ics),and that by hisThcrhheir sign Un(s)on the instnanent the person($)or the entity upon behalf ofwbich the person acted,executed the instrument Wimcss my hand aid official seaL Notary Public C1-33 E 12 N t.677m a p/ r $kIn, anq / rOdb 3.[f.lGChS � � �e n y�O Il't�, %e `eae e ?r.963m 20.499j" O I _ 536 D47r E 49-10M 00 /p II N361 4m 36.854in . I I NJ6104 2r `j�j J6.J06m pp `- atip/to- Ch NJ6'0471'w h� 'aC yn �+ 4 i 55.321m ^ Z 11 1 1 h }ti4 `s m l N� � 111111 3 yh ` b 1 1 1 1 A ti 4� 1 I i 57627 E 1 1 � 1 1 1 b � 3 37.024m a g ZD»�gki h �, R Q � tn A IoW �h S36 tU J4.944m I, h C1-34 of city of san Luis OBISpo AI FINAL MAP APPROVAL�- 0 L CHECKLIST PROJECTNAME ARROYO VISTA ESTATES @ ISLAY HILL DESCRIPTION 58 LOT SUBDIVISION . MAP NUMBER Tr.1750-6 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS # DESCRIPTION INITIAL 'DATE COMMENTS 1 GRADING Including planting &retaining walls L 2 STORM DRAINS&DRAINAGE STRUCTURES /( -To r- 3 SEWERS&SERVICES /( p 4 WATERLINES&SERVICES !c a 5 FIRE HYDRANTS /t l' 6 CONCRETE he ss Curbs and Gutters it o' Sidewalks /t Driveways It 7 STREETS&PAVING Pavement /t •l Signing,striping and curb painting t( If 8 NON-CITY UTILITIES P.G.&E. — Electrical Street Lights (• Cable TV Lt •• Telephone Co. k Gas Company tc sr 9 FEES RECEIVED(Water,Sewer) 10 PUBLIC IMPROVEMENTS payments received If e. 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION 13 STREET TREES14Z,6 ace 14 OFFSITE WORK R �• 15 BOND/GUARANTEE deposited s e •• /'rte 16 PARK dedication or In-lieu fees I< ire • 17 Deposit Account Status OTHER CONDITIONS k21 Board of,Adjustments Planning Commission ,7- _Architectural Review Commissionn City Council Abandonments Other ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AP O . W 6vks Wei PUBLIC 921111011001111 APPROVAL T `r 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 3.982 and has considered that EIR and the addendum . prepared to incorporate minor modifications between Tract 1750 and the specific plan, and finds that those two documents in combination are p� C1-36 Resolution no. 687# (1990 Series) Tract 1750 Page 2 sufficient to assess any environmental impacts which would result from project approval, and that the record as a whole contains substantial evidence to support a determination that the minor modifications to the project approved by the Community Development Department are not so substantial as to require major modifications to the EIR and that the preparation of an addendum is sufficient. 7. This subdivision map approval requires the subdivider to expend in excess of the amount specified in Government Code section 66452.b(a) for public improvements outside the property. 8. The increase in population near Islay Hill created by the development of Tract 1750, and the granting of an easement over the open space portions of Islay Hill within the boundaries of Tract 1750, allowing public use of the hillside, will lead to greater recreational use of the hillside. This increased .use may need to be supported by physical improvements on the hillside in the form of trails, fencing, signing, or other improvements to increase public enjoyment of the recreational use. It is reasonable for the developer of Tract 1750, therefore, to pay to the city the cost of installing trails on the hillside, to be used for the purpose of providing physical improvements as described above. 9. The proposed use of sound walls perform equally or better than the concept shown in the specific plan, and the walls are visually acceptable. 10. The various approval and reporting requirements established by either existing city processes or specific conditions of approval satisfy any applicable mitigation monitoring program requirements and reduce the project's environmental impacts to an acceptable level. SECTION 2. The tentative map for Tract 1750 is approved subject to the following conditions-, 1. Multiple final maps must be filed, in accordance with the phases shown on the approved tentative map. Development of the project is subject to existing city growth management regulations, not to exceed 94 building permits per year or one phase per year (phases 1 and 2 shall be considered one phase) , whichever is more restrictive. Time extensions for final map approval may be granted by the city, up to the limits imposed by the Subdivision Map Act. C1-37 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 , all access roads, shall be installed and made serviceable prior to and during the time of building construction. 4. Hydrants are to be spaced at 500' maximum intervals. ph ! 5. The subdivider shall pay $60;000 to the city for a fast �v 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. S. A 201-wide paved access road shall be provided through lots 183, 184, and 185 to provide access to the open space area, to the satisfaction of the Fire Department and City Engineer. 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. C1-38 Resolution no. 687, (1990 Series) Tract 1750 Page 4 11. A creek protection and restoration plan must be submitted with phase one improvement plans to the approval of the City Engineer and Community Development Director, along with improvement plans, consistent with the approved Creek Concepts Plan. Such plan must show improvements to the creek area included in the creek maintenance easement or extending from the rear lot lines to the lot lines across the creek, whichever is greater. Plans shall show all landscaping and erosion protection methods. The protection and improvement plan shall include a schedule for implementation. The top-of-bank buffer improvements adjacent to the turtle habitat shall be installed as soon as possible to provide immediate protection for the existing turtle population. 12. The creek crossing methods proposed for the bicycle/pedestrian paths Aad 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. C1-39 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 C1-40 Resolution no. 687q (1990 Series) Tract 1750 Page 6 tentative map. The detention basin may be fenced, at the developer's option, and must be owned and maintained by the tract homeowners' association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 18. Creek preservation and improvement areas shall be dedicated to the city in fee. Public Works requirements: 19. Orcutt Road shall be widened and improved along the entire frontage as part of phase 4. Orcutt Road shall meet City and . county design standards with respect to super elevation, vertical, and horizontal stopping sight distance (55 mph design speed) , and shall include a bicycle path within the roadway on the westerly side. Sight distance at the proposed Orcutt Road/A Street intersection must be evaluated as to adequacy. Existing road may require regrading. , ; , 20. Modifications to sewage lift-stations and related improvements may be required in accordance with the specific plan. The developer may be required to contribute towards these improvements in lieu of actual construction, to the satisfaction of the Utilities Director. 21. The water tank proposed in the easterly portion of the open space area, to supplement. domestic water service, must be installed and operating prior to the issuance of building 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 public streets shall comply with the city's Engineering Standard Details/Specifications, the Pavement Management Plan, and to the satisfaction of the City Engineer. Street structural sections shall provide for the ultimate design-life upon acceptance of the street by the city. Phased construction of housing will require the phasing of street construction or an increase in the street structural section to compensate for the reduction in the life of the street, prior to acceptance, from C1-41 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 5, 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 Gorian and Associates dated July 14, 1987 for Tract 1750, and any subsequent soils reports requested by the City Engineer. The grading plan for phases 5 and 6 must be approved by a registered soils engineer and the City Engineer. The grading shall be inspected and certified by the soils engineer prior to installation of any subdivision improvements or issuance of building permits. The northwesterly limit of the landslide denoted as Q15 1 shall be determined precisely in the field prior to final map approval of the respective phase. The nearest lot line shall be at least 50 feet from that boundary and the adjacent lots shall be adjusted or deleted and Courts "H" and "G" adjusted accordingly, except that property lines may .not extend beyond that shown. on the tentative map.. 29. The grading plans for phases 5 and 6 shall include such facilities and preparation so that individual lots will not require offsite construction. 30. Individual lots on phases 5 and 6 shall have the foundation design approved by a registered soils engineer. A notice shall be recorded concurrently with the final map notifying any purchaser of these lots of this requirement. 31. Additional soil investigations shall be done to ascertain that the proposed water tank site and lots and streets above and below Street "A" (phases 5 ate) are stable and suitable for development, to the saisfaction of the City C1-42 Resolution no. 687V (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 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 C1-43 Resolution no. 687y (1990 series) Tract 1750 Page 9 the approved park phasing plan, or all in one phase as described in the preceding condition. 37. The developer is responsible for securing access and improvement rights, including maintenance by the city, for the bicycle path under the railroad. 38. The Islay Hill open space shall be dedicated to the city as part of the final map for phase 6 or earlier. Prior to approval of the final map for phase 1, the developer shall pay to .the city an amount a e�gine 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 NA/ for each of the lots adjacent to this open space area, ol, 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 1�0! water shortage. Such notification shall be made a part of the recorded documentation for each lot. Archeology: 43 . v-Grading plans must note that if grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be C1-44 r Resolution no. 687y (1990 Series) Tract 1750 Page 10 notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist, the cost of which shall be paid by the developer. Disposition of artifacts shall comply with state and federal laws. Homeowners' Association: 44. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use, control of nuisances and architectural control of all buildings and facilities. These CC&R's shall be approved by the Community Development Director and administered by the homeowners' association. The subdivider shall include the following provisions in the CC&R's for the tract: a. Maintenance of linear park, railroad buffer areas, and all storm water detention basins shall be by the homeowners' association in conformance with the Edna-Islay Specific Plan. b. There shall be no change in city-regulated provisions of the CC&R's without prior approval of the Community Development Director. Affordable housing: 45. Resale controls applying to the 23 affordable housing units shall be administered by the Housing Authority and shall remain in perpetuity. All affordable units shall be required to be owner-occupied. 46. Development of homes on the small lots (phases 3 and 4) shall be limited to- approximately the square footage proposed as part of the planned development preliminary plan. Remodelling and additions to these homes in the future shall be in accordance with the limitations in the zoning regulations. Transit system equipment: 47. The .subdivider shall provide for street furniture and signs for transit systems, as well as bus turnouts if necessary, to the satisfaction of the Mass Transit Committee, as needed with each phase. Hillside lots: C1-45 Resolution no. 687q (1990 Series) Tract 1750 Page 11 48. Architectural review is required for all lots east of the creek. 49. Except as shown on the tentative map, the maximum streetyard allowed on lots adjacent to the hillside open space is 201 . Streetyard exceptions, to reduce the amount of grading required for location of residences, will be encouraged where no safety concerns are involved. All buildings on these lots must be within designated building envelopes. 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 abuttin4" 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 �7 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. 11. 79 (PD 1449-B) . C1-46 i 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 Roalman ABSENT: None the foregoing resolution was passed and adopted this 18th day of September , 1990. C1-47 664625. 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] C1-48 RECORDING REQUESTED BY: and 'EN RECORDED MAIL TO: Islay Hill Homeowners' Association C/O First American Title 899 Pacific Street San Luis Obispo,CA 93401 SLO-937631 LG DOCUMENT TRANSFER S SPACE ABOVE TFU LINE FOR RECORDER'S USE (X) Computed on the consideration or value of property conveyed;OR ( ) Computed on the consideration or value less tiers or encumbrances ( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name- N: Pta. 53- 1-36 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LB TIED PARTNERSHIP hereby GRANT(S)to ISLAY HILL HOMEOWNERS' ASSOCIATION, a non-profit mutual benefit corporation _e real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Lot 55 of Tract 1750, Unit 6, 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:November 18, 1999 Park View-San Luis Obispo,L.P., a California limited partnership By: MSH/SEPH GP,LLC,a California Limited Liability Company,General Partner By: Hearthst. e,a Calif corporation,Manager -q//'� \ 6-I M k Porath, Senio*r Vice Preslldent Stephanie Sunk-us,Vice President C1-49 � /Z State of Califo County of before me, Notary Public personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name i e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(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,exec t�JY A HI�YgNS WITNESS m hand and Official Seal ;,: Commiesion#1197r y ho` PubEc-ccvc :a I. Angs!ss County P Signature ABOVERFSERMFOR OFFIML NOTARYSEAL MAIL.TAX STATEMENTS TO: Same address as shown above C1-50 EMBIT"A" By acceptance of this Deed, Grantee shall have all the rights, duties and obligations of maintaining all improvements on said real property as set forth under the Declaration of Covenants, Conditions and Restrictions recorded , 199_ in Instrument Number 199_- of Official Records, in the office of the County Recorder of San Luis Obispo County, California and any amendments thereto, all of which are incorporated herein by reference to said declaration with the effect as though fully set forth herein and in accordance with the Bylaws and Articles of the Association. Homeowners' Associations' Acceptance: C1-51 RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: Robin L. Rossi 6880 Bay Laurel Drive San Luis Obispo, CA 93401 DOCUMENTARY TRANSFER SPACE ABOVE THIS LINE FOR RECORDERS USE (X) Computed on the consideration or value of property conveyed;OR ( ) Computed on the consideration or value less liens or encumbrances ( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name- AP : 53-091-36 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LH*MMD PARTNERSHIP hereby GRANT(S)to ROBIN L. ROSSI, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990 the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Lot 54 of Tract 1750, Unit 6, 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:November 18, 1999 Park View-San Luis Obispo,L.P., a California limited partnership By: MSII/SEPII GP,LLC, a California Limited Liability Company, General Partner By: Hearthstone, a Calif o rporation,Manager k Porath, Senior Vice Presi ent tephanie Stankus,Vice President C1-52 �� t3 to of Calif .,unty of on . 23 /R9 9 before me, Notary Public personally appeared 6VEZE C4 personally known to me (or proved to me on the basis of satisfactory evidence) to be the pe son(s) whose name istare s scribed 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 - jfAIYAFIAy,IgtLS 5 WITNESS my hand and Official Sealmi59Cn 1197546 _ Cy Notary Pubric-CQrfc P"3 3>1 Slgll - - ABOVE RESERVED FOR OFFICAL NOTARY SEAL MAEL TAX STATEMENTS TO:Same address as shown above i I i C1-53 RECORDING REQUESTED BY: R.W.HERTEL&SONS,INC. When Recorded Please Reara To: COMMUNITY DEVELOPMENT DEPARTMENT City of San Lois Obispo 990 Palm Saes San Luis Obispo.CA 93401 NOTICE OF REQUIREMENTS SUBDIVISION: Tract 1750, Unit 6 APN: 053-091-037 The following items are required to be carried out by the buyers of lots or parcels in the above subdivision per Conditions and Approval and/or Code Requirements of Council Resolution 6873 (1990 Series). This information is recorded simultaneously with the final trap and is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest pursuant to Section 66434.2(a)of the SUBDIVISION MAP ACT. The requirements are as follows: Individual lots on unit 6 shall have the foundation design approved by a registered soils engineer prior to issuance of building permit. Any slope instability observed during grading operations and subdivision construction shall be evaluated by a soils engineer and repaired to the satisfaction of the City Engineer and Community Development Director prior to final acceptance of this tract, unit 6. The city reserves the right to withhold building permits on any lots which appear to be threatened by slope instability. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the City's water shortage. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. PARKVIEW-SAN LUIS, L.P. BY: Hearthstone Date (S nae) Name Printed: Stephanie Stankus Title: Vice President State of County of .f.G�.F,r.l'.�.✓ on a 3. I�9/ before me, 42L16" "rsonally known to me- OR- ❑ proved to be on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in - his/her/their authorized capacity(ies),and that by his/her/their .r`:i F u'-:•': i ss)on the instrument the �'e( person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. V c-. h.' •�T��V, �4 WITNESS my hand and offlc' seal ��6;G� Si of Notary Public