HomeMy WebLinkAbout04/04/2000, C2 - FINAL MAP APPROVAL FOR TRACT 2294 LOCATED AT 915 E1 CAPITAN WAY, EAST OF BROAD STREET, (KELLY GEARHART, SUBDIVIDER) council °,.CV_ el-eq
j ac,Enaa Report C2
CITY OF SAN LUIS OBISPO I
FROM: Michael D. McCluskey,Director of Public Worksl�"�' u
Prepared By. Jerry Kenny,Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract 2294 located at 915 El Caotan Way,
East of Broad Street, (Kelly Gearhart,Subdivider)
CAO RECOND4ENDATION:
Adopt resolution approving the final map for Tract 2294, accepting a Creek Preservation and
Maintenance Agreement for open-space and drainage purposes over portions of all lots and
authorizing the Mayor to execute the subdivision agreement.
DISCUSSION:
A`westing"tentative map for Tract 2294 was approved on April 20, 1999 per Resolution No. 8924
(1999 Series)to create 7 residential lots.
Improvement plans have been approved by the Public Works Department,which include
completion of frontage improvements and installation of utility services along El Capitan Way to
meet City standards (sewer,water and other utility services). '
The Creek Preservation and Maintenance Agreement(easement)encumbers the rear portion of each
lot as open space,which incorporates the creek area and many large eucalyptus trees. Since the
individual property owners will have the responsibility to maintain these areas,a private bridge will
be constructed across the creek within Lot 7 to accommodate small vehicles to be used to maintain
(prune,clearing debris,etc.)the eucalyptus trees.
Since approval of the tentative map by the City Council,staff and the design engineer discussed the
possible extension of the existing pedestrian and bike path on the adjacent City-owned"open space
lot"granted with Tract 2248,at the end of the El Capitan Way cul de sac. This led to the
subdivider offering to dedicate an easement on the final map for this purpose within Lot 7,where
the bridge will be constructed. The easement is not being accepted at this time,but provides for
such when,and if,it is determined to be desirable to continue the pathway through the adjacent
southerly properties. There are 2 tentative maps currently being processed,which would
incorporate this provision. The bridge would be also be used for access for the respective lots of
this tract,as noted above.
The existing storm water detention basin on the commercial lot at Broad St.and El Capitan Way
(Lot16,Tract 2248)also satisfies the requirements for this tract.(Condition 7 per Resolution No.
8924) The maintenance agreement for this privately maintained detention basin has been amended
to include this tract,whereby the current owner has agreed to accept the additional drainage from
this tract and to maintain the drainage basin,pursuant to an existing recorded agreement.
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Council Agenda Report-Final Map Approval-Tract 2294
Page two
Condition 5 stated that some improvement to(or contribution to such improvement)the Tank Farm
Rd. sewer lift station,would be necessary as a condition of this tract. The Utilities Engineer has
subsequently determined that there is adequate capacity for this tract and that the current Tank Fane
Rd. lift station fee is all that will be required in this regard. Normal sewer impact fees will be paid
when building permits are issued.
The subdivider has submitted surety(Letters of Credit)to guarantee installation of the required
subdivision improvements.and has paid the required fees,as prescribed in the attached subdivision
agreement,to allow recordation of the final map. The final map has,therefore,been found to be in
substantial compliance with the approved tentative map and all conditions related to the map have
been met and/or guaranteed.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that conditions have not been met.
FISCAL IMPACT:
Normal maintenance of public facilities:water and sewer mains,fire hydrants and street
improvements. If the pedestrian and bike path is extended through this tract(Lot 7)in the future,
added maintenance of the pathway would become City responsibility,unless it is incorporated into
the proposed pathway within the adjacent southerly tracts(mentioned above). In such case,it
would be logical to incorporate this as a condition of the Santa Lucia Hills Homeowners
Association.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
Attachments:
1 -Draft resolution and subdivision agreement
2-Map
3-Resolution No. 8924(1999 Series)
4-Creek Preservation and Maintenance Agreement
5-Final Map Checklist
DeAeA.—Wiinai Map Report—Tract 2294
C2-2
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2294
WHEREAS,the City Council made certain findings concerning vesting Tract 2294,as
stated in Resolution No. 8924(1999 Series),and
WHEREAS,the subdivider has submitted Letters of Credit in the amounts of$74,500
(Faithful Performance)and$37,250(Labor&Materials)to guarantee installation of the
subdivision improvements per approved plans and all fees have been paid,in accordance with the
attached subdivision agreement,marked"Exhibit A", and
WHEREAS,the subdivider has submitted a Creek Preservation and Maintenance
Agreement prescribing the respective limitations and responsibilities of the owners of the lots within
the subject tract,relative to their individual responsibilities for maintenance of the creek corridor,
trees and open space at the rear of each lot,and
WHEREAS,the subdivider has included an offer of dedication of an easement for possible
future public pedestrian and bike path purposes within Lot 1 of Tract 2294,and
WHEREAS,all other conditions required per said Resolution No. 8924(1999 Series)have
been met or guaranteed.
NOW THEREFORE BE rr RESOLVED that the final map for Tract No.2294 has
been found to be in "substantial compliance"with the vesting tentative map and final map
approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement
and approve the Creek Preservation and Maintenance Agreement The offer of dedication for
public pedestrian and bike path purposes is not accepted at this time.
C2-3
Resolution No. (2000 Series)
Page Two
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 ,2000.
MAYOR Allen K Settle
ATTEST:
CITY CLERK Lee Price
Approved as to Form:
"44'WCOF
(rjII!I�Nrff,y G.Jorgenson
DevRev%...Wmal map approval nwhmon—Tract 2294
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and between KELLY V.
GEARHART and BRUCE WHITE 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 2294, City of San Luis Obispo,California,as
approved by the City Council on the day of , 199_
The Subdivider desires that said Tract No. 2294 be accepted and approved as a Final
Map pursuantto 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 Subdividerdoes hereby agree to construct and
install the following subdivision improvements in accordance with said subdivision regulations,
and in accordance with approved plans and specifications on file in the office of the City
Engineer,City of San Luis Obispo,to wit:
1. CURB,GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC,GAS,TELEPHONE AND CABLE TELEVISION: In addition to the inspection
and approval of such facilities by the City, each public utility shall be required to file a
C2-5
. 1
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
equivalentto such period of delay in which to complete such work. Any.extension of time
hereundershall 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/orthe 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
Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the .
2 C2-6
performance of this agreement,an instrument of creditor bond approved by and in favor of the
City of San Luis Obispo, and conditional upon the faithful performance of this agreement.Said
instrument of credit or bond is in the amount of$ 74,500 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 sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted,accept said improvements according to
said plans and specifications,and any approved modifications thereto. Neither periodic nor
progress inspections or approvals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement
If the Subdividerfails to complete the work within the prescribed time,the Subdivider
agrees that City may, at its option,declare the instrument of credit or bond which has been
posted by Subdividerto guarantee faithful performance,forfeited and utilize the proceeds to
complete said improvements,or city may complete said improvements and recover the full cost
and expense thereof from the Subdivider or his surety.
The Subdivider 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$ 5962.00 for City to inspect the installation
of said subdivision improvements,and to verify that they have been completed in accordance
3 C2-7
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 Subdividerand 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 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:
CITY OF SAN LUIS OBISPO SUBDIVIDER
KELLY V. GEARHART
MAYOR Allen K Settle
BRUC
ATTEST:
/200y
CITY CLERK Lee Price
APPROVED AS TO FORM:
CI OFA V Je y G. Jorgensen
4 C2-8
EXHIBIT 1
TRACT 2294
EL CAPITAN
SUBDIVISION AGREEMEMM
1 . The Subdivider has deposited a monumentation guarantee in the
amount of $1,500.00 to cover the installation of survey monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the
City of a letter from the Engineer indicating that they have
completed the work and have been paid.
2 . Park-in-lieu fees have been paid, in the amount of $21,564.00
(6 X $3594 . 00 with credit for one previous house)
3 . Water and sewer impact fees will be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. The Subdivider shall safety prune and. install a bridge .and make
provisions for the homeowners to maintain the creek, the trees
along the creek, the private bridge and access facilities in
compliance with Conditions 12, 13, 14 & 15 of Council Resolution
No. 8924 (1999 Series) .
C2-9
EXHIBIT 2
TRACT 2294
EL CAPITAN
FEE AND BOND LIST
Bonds and Guarantees :
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Rough Grading/Erosion (MA?)
Control
Faithful Performance $74,500 Letter of Credit 12/10/99
Labor & Materials $37,250 Letter of Credit 12/10/99
(50% of total cost
of improvements)
Monument Guarantee $1,500 Letter of Credit 12/10/99
Fees:
Map Check Fee $1, 521 Paid 5/20/99
M.B.
Plan check Fee (Str imps) $ 660 Paid 5//220//99 M.B.
(Due for bridge etc) $3, 050 Gf�7/00
Inspection Fee $5, 962 3/17/00
($1422+ 6.1% of $74, 429) fir,
Park-in-Lieu Fee $21, 564. 3/171DO
($3, 594 X 6)
Sewer Lift Station Fee $513 .04 3/17/00
($131.55 X 1.3 Acres) � G
Water, Sewer and Traffic Impact Fees
(Due in conjunction with Building Permits)
DevRev/Tr-Ms/T2294 Subdivision Agsmt Fees Etc
C2-10
STATE OF CAUFORNIA
COUNTY OF SAN LUIS OBISPO } S.S.
On DECEMBER 3, 1999 before me,
L NEUMEYER �_... ....... .. . .. .
a Notary Public in and for said County and State,personally appeared
Bruce Whig
personally known to me(or proved tome on the basis of satisfactory
evidence)to be the pemon(s)whose name(s)istare subscribed to the
within instrument and acknowledged to me that he/shehhey executed
the same in his/herAheir authorized capacity(res) and that by
his/her/their signature(s)on the instrument the.person(s), or the entity
upon behalf of which the person(s),acted,executed the instrument
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
C2-11
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO } S.S.
On DECEMBER 2,1999 before me,
L.NEUMEYER
a Notary Public in and for said County and State,personally appeared
KELLY V.GEARHART
U....
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)istare subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/lhedtheir authorized capacity(iies) and that by
his/herttheir signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s),acted,executed the instrument.
WITNESS my hand an tidal seal.
SignatureISAU 446 (This area for official notorial seal
C2-12
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.TTACHMENT 3
RESOLUTION NO. 8924 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP
FOR A SEVEN-LOT RESIDENTIAL SUBDIVISION ON THE SOUTH
SIDE OF EL CAPITAN WAY 1915 EL CAPITAN WAY].
(TR-140-98; County file no.Tr 2294)
WHEREAS, the Planning Commission conducted public hearings on November 18,
1998 and January 13, 1999,and recommended approval of Vesting Tentative Tract Map 140-98;
and
WHEREAS,the City Council conducted public hearings on February 16, 1999 and April
20, 1999 and has considered testimony of interested parties, the records of the Planning
Commission hearing and action,and the evaluation and recommendation of staff;and
WHEREAS, the City Council finds that the subdivision is consistent with the General
Plan, the Edna-Islay Specific Plan, the Zoning Regulations, Planned Development 140-98 and
other applicable City ordinances; and
WHEREAS,the City Council has considered the draft Mitigated Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the Planning
Commission;
BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of
the proposed tentative tract map, and reflects the independent judgement of the City Council.
The Council hereby adopts said Mitigated Negative Declaration and incorporates the following
mitigation measures into the project:
R 8924
_ rn
C2-14
Resolution no.8924 . series)
Tract 140-98 (915 El Capitan)
Page 2
1. A detailed soils engineering report shall to be submitted as part of the grading and
building permit applications. The soils report shall include: data regarding the
nature, distribution and strength of the existing soils, conclusions and
recommendations for grading procedures including such recommendations to ensure
that there are no significant impacts to the creek, and design criteria for corrective
measures, when necessary. Grading and building must be designed and performed
in compliance with the soils engineering report.
2. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties is required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding.
If the study identifies any on-site areas subject to 100-year storm flooding, the
developer shall process and complete a Federal Emergency Management Agency
Letter of Map Amendment (LOMA), or Letter of Map Revision (LOMR) prior to
final acceptance of any development. Any lots or building pads, identified to be
subject to flooding during a 100-year storm shall be graded to provide minimum
pad elevations of at least 1 foot above the 100-year storm elevation. All areas
subject to flooding shall be documented.
3. The property owner shall grant an avigation easement to the County of San Luis
Obispo via an avigation easement document prepared by the County.
4. The findings and recommendations of the May 1998 biological survey shall be
incorporated into the final project design and construction.
5. Site development shall include a solid waste recycling plan for recycling discarded
building materials.such as concrete, drywall, wood and metals from the construction
site. The plans must be submitted for approval by the Community Development '
Director prior to building permit issuance.
6. The final project shall be designed to include interior and exterior recycling.
7. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be
wetted, protected or contained in such a manner as to prevent dust or spill upon any
adjoining property or street. The following measures shall constitute the project's dust
management plan and shall remain in effect during all phases of that project's
construction:
a) Regular wetting of roads and graded areas (at least twice daily with complete
coverage of all active areas);
b) Increasing frequency of watering whenever winds exceed 15 mph;
c) Cessation of grading activities during periods of winds over 25 mph;
R 8924
C2-15
Resolutionno. 8924( , Series)
Tract 140-98 (915 El Capitan)
Page 3.
d) Direct application of water on material being excavated and/or transported on-site
or off-site;
e) Watering material stockpiles;and
f) Periodic washdowns, or mechanical street sweeping, of El Capitan Way in the
vicinity of the construction site.
SECTION 2. Findings. That this Council,after consideration of Vesting Tentative Tract
Map 140-98, and the Planning Commission's recommendations, staff recommendations, public
testimony,and reports thereof,makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and with the Edna-Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the R-
2-SP-PD and C/OS-SP-PD zones.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements will not conflict with
easements for access through,or use of property within,the proposed subdivision.
5. An initial study of environmental impacts was prepared by the Community
Development Department on November 6, 1998 and modified by the Planning
Commission on November 18, 1998, adequately addresses the potential
environmental impacts associated with the subdivision map and establishes measures
to mitigate those impacts to a level of insignificance.
SECTION 3. The vesting tentative map for Tract 140-98 (County File no. Tract 2294) is
approved subject to the following conditions and code requirements:
1. All on-site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
2. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Director.
Public Right-of-Way
3. The subdivider shall dedicate a 1.8m [=6 ft.) wide public utility easement and 3m
R 8924
C2-16 - r,
Resolution no. 8924 , aeries)
Tract 140-98 (915 El Capitan)
Page 4
[;10 ft.] wide street tree easement along all public street frontages, to the
satisfaction of the Director of Public Works.
Water, Sewer and Utilities
4. Existing water wells may remain in use to serve only the lot on which the well is
located. Upon development, water well use shall comply with the City regulations
and policies in effect at that time. All structures connecting to the City's water
system shall be required to pay all applicable water and sewer impact fees.
5. The proposed sewer serving this development is tributary to the Tank
Farm/Rockview Lift Station system; lift station fees will be charged accordingly.
The lift station system is at capacity and some improvement to the system will be
necessary to accommodate this development and/or a contribution to the
improvements to the satisfaction of the Utilities Director. Any work done on the
system or contributions will be credited against the lift station fees, as determined
by the City Utilities Engineer.
6. Each lot shall be served with separate water, sewer, gas, electric, telephone and
cable TV services in accordance with City standards.
Grading and Drainage
7. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties will be required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding. The
development must be designed so as not to increase flooding downstream; detention
facilities will be required. All proposed detention basin and drainage
improvements, except those within a public street, shall be privately owned and
maintained by the property owner of Lot 16, Tract 2248.
If the study identifies on-site area subject to 100-yr storm flooding, the developer
shall process and complete a Federal Emergency Management Agency Letter of
Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final
acceptance of any development. Any lots or building pads, identified in the
hydrology study to be subject to flooding during a 100-yr storm shall be graded to
provide minimum pad elevations of at least 1 foot above the 100-yr storm elevation.
All areas subject to flooding shall be documented.
8. Additional storm water run-off, as a direct result of development of each lot, shall
be evaluated by a registered civil engineer and appropriate .mitigation (detention
facilities) designed into the project, to the satisfaction of the Director of Public
Works. Maintenance responsibilities of detention facilities shall also be addressed,
R 8924
C2-17
Resolution no. 8924( Series)
Tract 140-98 (915 El Capitan)
Page 5
Particularly if an existing off-site detention basin is used.
9. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements
and drainage facilities shall be provided, to the satisfaction of the Director of Public
Works.
Traffic
10.Trac impact fees shall be paid prior to the issuance of building permits.
Trees
11.Some trees may require safety pruning by a certified Arborist to the satisfaction of
the City Arborist.
Creek and Open Space
12.The subdivider shall dedicate an easement over the creek, open space area and
drainage basin (if required)for access and maintenance to the satisfaction of the City
Engineer.
13.The subdivider shall prepare a creek preservation and maintenance agreement to be
recorded with the County Recorder for each lot in a form approved by the City
Attorney and the Community Development Director prior to final map approval.
The agreement shall include the following provisions:
a) Provide for professional, perpetual maintenance of the creek and open space
area to the satisfaction of the City's Natural Resources Manager.
b) Grant to the city the right to maintain the creek and open space area if the
individual lot owner fails to perform, and to assess the lot owner for expenses
incurred, and the right of the city to inspect the site at mutually agreed times
to assure conditions of the agreement and final map are being met.
14.The creek/open space area shall be maintained by the individual lot owner in
accordance with the creek preservation and maintenance agreement as approved by
the City.
15.Prior to recordation of the final map, the subdivider shall grant an open space
easement to the City of San Luis Obispo with the provision that the individual lot
owner will have maintenance responsibilities and the .City will have review
authority over agement/maintenance of the creek and open space area.
R 8924
C2-18 �^
Resolution no.8924 #, Series)
Tract 140-98 (915 El Gapitan)
Page 6
Mapping and Miscellaneous Requirements
16.All boundary monuments, lot corners and centerline intersections, BC's, EC's,
etc..., shall be tied to the City's Horizontal Control Network. At least two control
points shall be used and a tabulation of the coordinates shall be submitted with the
final map or parcel map. All coordinates submitted shall be based on the City
coordinate system. A 3.5" diameter computer floppy disk, containing the
appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for
Geographic Information System (GIS) purposes, shall be submitted to the City
Engineer.
17. A copy of all public improvement plans (record drawings) shall be submitted on
3.5" diameter computer diskettes in a format compatible with the City's CAD
system and shall comply with the City's computer aided drafting standards
(including but not limited to layering, symbols, line weights and colors, stationing,
scale, etc...).
18. The final map, public improvement plans and specifications shall use the
International System of Units (metric system). The English System of Units may be
used on the final map where necessary (e.g. - all record data shall be entered on the
map in the record units, metric translations should be in parenthesis), to the
approval of the City Engineer.
Code Requirements
A. Traffic impact fees are required to be paid prior to the issuance of building
permits.
B. Water & Wastewater fees are required to be paid prior to the issuance of a
building permit for construction on any lot.
C. Street trees shall be planted on each lot at the time of development of each lot, per
City Standards and to the satisfaction of the City Arborist: The number of trees is
determined by one tree per 35 linear feet of street frontage.
D. EPA Requirement. General Construction Activity Storm Water Permit are
required for all storm water discharges associated with a construction activity
where clearing, grading and excavation results in land disturbance of five or more
acres. Storm water discharges of less than five acres, but which is part of a larger
common plan of development or sale, also require a permit. Permits are required
until the construction is complete. To be covered by a General Construction
Activity Permit, the owner(s) of land where construction activity occurs must
submit a completed"Notice of Intent"(NOI)form, with the appropriate fee,to the
State Water Board.
98924
C2-19
Resolution no. 8924 C . Series)
Tract 140-98 (915 El l._pttan)
Page 7
SECTION 4. Effective Date: Vesting Tentative Tract Map 140-98 (County file no. TR
2294) shall take effect on the effective date of the PD rezoning.
On motion of Vice Mayor Romero ,secondedby Council Member Ewan.
and on the following roll call vote:
AYES: Council Members Ewan, Marg, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of April, 1999.
Mayor Allen Settle
A
l R
City Clerk Price
APPROVED AS TO FORM:
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R 8924
C2-20
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RECORDING REQUESTED BY:
City of San Luis Obispo
AND WHEN RECORDED MAIL TO:
Planning Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93403
APN 076-421--032
CREEK PRESERVATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 1ST day of
by and between KELLY GEARHART and BRUCE
WHITE, hereinafter collectively referred to as "Owner", and the CITY OF
SAN LUIS OBISPO, a political subdivision of the State of California,
hereinafter referred to as 'City".
WITNESSETH:
WHEREAS, the Owner possesses and is the fee owner of certain
real property situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, which is more specifically described as Tract
No. 2294, recorded as P.M. ; and
WHEREAS, the above referenced real property has a creek running
through it and is subject to the special standards and restrictions
contained within the City's General Plan and Zoning Ordinance; and
WHEREAS, as a condition precedent to the approval of vesting
tentative Tract 2294 which enables the Owner to subdivide said real
property into seven (7) single-family residential parcels, Owner agrees to
fulfill the special conditions imposed upon said real property by the City
under, the City's General Plan and Zoning Ordinance by maintaining
certain portions of property as an open space easement; and
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WHEREAS, those specific portions of said real property designated
as an open space easement are hereinafter referred to as the "subject
property", which is more particularly shown in Exhibit 'A' attached hereto
and incorporated by reference herein as though set forth in full; and
WHEREAS, execution of this agreement by Owner and City and
subsequent performance of its obligations by Owner and his successors
in interest, will satisfy the open-space preservation and maintenance
requirement imposed by the Conditions of Approval (Tract 2294); and
WHEREAS, the subject property has certain natural and scenic
characteristics that the Owner and City desire to preserve and maintain
as an open space easement; and
WHEREAS, Owner is willing to protect and maintain the natural and
scenic characteristics of the subject property by preserving the property
as an open space easement and by referencing this "Creek Preservation
and Maintenance Agreement" in the property title of future individual
property owners for maintenance of their ownership; and
WHEREAS, common easements are provided across each of the 7
lots for the benefit of each property owner of the subdivision to provide
for access to, and maintenance of, the open space easement area
including the bridge located on Lot #7.
NOW, THEREFORE, in consideration of the premises and in
compliance with the provisions of Government Code Sections 6.950
through 6954, inclusive, and in further consideration of the mutual
promises, covenants and conditions herein contained and the substantial
benefits to the derived therefrom, the parties hereto agree as follows:
1. Preservation of the scenic and natural condition. Owner
hereby agrees to preserve the scenic and natural condition of the subject
property for the term specified in paragraph 7 below. To that end, and
fo.r the purpose of accomplishing the intent of the parties hereto, Owner
covenants on behalf of himself, his successors and assigns with the City,
its successors and assigns to do and refrain from doing, se%,�rmlly and
_2_ C2-22
collectively, upon the subject property, the various acts hereinafter
mentioned.
2. Restrictions on use of the subject property. The Owner and
his successors in interest shall preserve the subject property as an open
space easement as shown in Vesting Tentative Tract 2294.
3. Maintenance of subject property. The Owner and his
successors in interest shall maintain the subject property (open space,
creek, and bridge) in a professionalmanner in perpetuity to the
satisfaction of the City's Public Works Director. Common easements are
provided on the map across each of the 7 lots to allow access to and
maintenance of, the open space, creek, and bridge.
4. Compliance with City regulations. Land uses permitted or
reserved to Owner in this agreement are subject to all City ordinances
and regulations, ,including those regulating land use. The lot owners
grant to the City the right to maintain the open space, creek, and bridge
if the individual lot .owner fails to perform proper .maintenance. The .City
has the right to assess the lot owners the expenses incurred for
maintenance in this situation and any such an assessment shall be a lien
against the property, and the personal obligation of the owner. The
City has the right to inspect the site at periodic intervals at City's
discretion to assure conditions of the agreement and final map are being
met.
5. No authorization for public trespass. The restrictions
contained herein, do not authorize and are not to be construed as
authorizing the general public or any member thereof to trespass upon or
use all or any portion of the subject property or as granting to the public
or any member thereof any tangible rights in or to the subject property in
any manner whatsoever. It is understood that the purpose of this
agreement is ,to require preservation and maintenance of the subject
property as an open space easement by the owners and subsequent
individual lot owners of record.
_3_ C2-23
6. Effect on prior easements. Nothing contained in this
agreement shall limit or affect any easements that are of record and that
have been heretofore granted by Owner on, over, under or across the
subject property or any portion thereof.
7. Duration of restrictions. This agreement shall be effective
upon execution, and it shall remain in effect unless abandoned or
otherwise terminated by the City Council of the City of San Luis Obispo.
8. Binding on successors in interest. All provisions of this
agreement s-hall .run with the land described herein and shall be binding
on the parties hereto and their heirs, assigns and successors in interest.
9. Law governing and venue. This agreement has been executed
and delivered in, and shall be interpreted, construed, and .enforced
pursuant to and in accordance with the laws of the State of California.
All duties and obligations of the parties created hereunder are to be .
performed in the City. of San Luis Obispo, and such City shall be that
venue for any action, or proceeding that may be brought, or arise out of,
connection with or by reason of this agreement.
10. Enforceability. If any term, covenant, condition or provision
of this agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
11 . Subordination. The trust deed beneficiaries and mortgages,
if any, do hereby assent to this agreement and, further, do hereby
subordinate their respective interests to the restrictions and obligations
imposed herein.
12. . Agreement to be recorded. Owner and City intend and
consent to the recordation of this agreement in the office of the County
Recorder of the County of San Luis Obispo.
�_ C2-24
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
OWNERS
— -------- —
Kell e r art
r ce hit
e
TRUST DEED BENEFICIARIES
and/or MORTGAGES — HURST
FINANCIAL
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Nam J,4raEs w ", ✓R Title
N,I
Name Title
CITY OF SAN LUIS OBISPO
By:
ATTEST: NAYOB ALLEN S. SE=
City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
City Attorney
By: _
Gilbert A. to
Acting City Attorney
Dated:
C2-25
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LMS OBISPO )
On 1. ;a W6 , before me, this undersigned, a Notary
Public in and of said State, personally appeared
I�aLt1iEm°N� ,ze-ucE: U)Wt-rE-. OW uAnaes- ti. mlua, �/1. ,
personally known to me (or proved to me on the basis of satisfactory
evidence) to the person _ whose name_ subscribed to this
instrument, and acknowledged that he _ executed it.
LNotary Poblic
[SEAL]
L NEUMEYER
COMM.#1225054
- NOTAW PUBM-CALIFORNIA
SAN UNS 085P0 COUNTY
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r' city of San Luis OBlspo
FINAL MAP APPROVAL 0 AL CHECKLIST
PROJECT NAME
DESCRIPTION 7 Lo5av7?d S( O� pF �� Crf-p�Tihy
MAP NUMBER 9 22?`f SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION - INITIAL DATE COMMENTS
1 GRADING Including planting &retaining walls D 3 2c r 1_
2 STORM DRAINS&DRAINAGE STRUCTURES
3 SEWERS&SERVICES
4 WATERLINES&SERVICES
5' FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing,striping and curb painting
B NON-CITY UTILITIES
P.G.&E.—Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) soon
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met .
12 MONUIMENTATION
13 STREET TREES p
c. o si
14 OFFSITE WORK
15 BONDIGUARANTEE deposited e
16 PARK dedication or In-Ileu tees T y, c
171 Denosit Account Status
OTHER CONDITIONS
18
19 Planning Commission
20 Architectural Review Commission
21 City Council
Abandenmente
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ATTACH UST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AP OVA �-�7
52-81 PUBLIC �M APPROVAL