HomeMy WebLinkAbout09/04/2001, C5 - FINAL MAP APPROVAL FOR TRACT 2307, A 154-LOT RESIDENTIAL SUBDIVISION AT 11855 LOS OSOS VALLEY ROAD council " �°�9--�o�
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CITY OF SAN LUIS OBISPO
FROM: Michael D.McCluskey,Director of Public Worksrg0 -
Prepared By: Jerry Kenny, Supervising Civil Engineer
Robert Livick,Principal Civil Engineer
SUBJECT: FINAL MAP APPROVAL FOR TRACT 2307, A 154-LOT RESIDENTIAL
SUBDMSION AT 11855 LOS OSOS VALLEY ROAD (DEVAUL RANCH,
LLC/SLO ESTATES INC, SUBDIVIDER)
CAO RECOMAMNDATION:
Adopt a resolution approving the Final Map for Tract 2307, and authorizing the Mayor to execute
the subdivision agreement and accept deeds for the DeVaul Park property and the offsite
emergency access/pedestrian/utility easement to Quail Drive.
DISCUSSION:
A `vesting" tentative map (TR 102-96) for Tract 2307 was approved on October 19, 1999, per
Resolution No. 8975 and Ordinance No. 1360 (1999 Series) (Attachments 3 and 4, respectively).
This Map creates 148 residential lots, a public park lot, a private park lot, a private community
garden lot, a private storm drainage detention basin lot and two lots for access. The detention basin
is to be owned and maintained by the homeowners association and includes an easement to the City
for recreation purposes.
Public and private improvement plans have been approved by the Public Works, Utilities and
Community Development Departments. These improvements include the public park, streets, storm
drainage, landscaping and public utilities to meet City standards. Offsite public street
improvements, storm drains,water main and fire hydrants are also incorporated into the plans.
The subdivider has submitted surety bonds to guarantee installation of the required subdivision
improvements and setting of monumentation. The required fees prescribed in the attached
subdivision agreement(Attachment 2)have been paid.
The subdivider qualifies for Transportation Impact Fee (TIF) credits towards a certain number of
future building permits. This credit is a result of modifications to the Madonna Rd./Los Osos
Valley Rd. (LOUR) traffic signal and associated work beyond the project's responsibility and as
provided for in the TIF ordinance. (Congestion Management) The qualifying credit will be
approximately 65% of the final construction cost (35% subdividers share), based on the DeVaul
Ranch Traffic Impact Study, Fehr &Peers Associates, Inc., February 1998 and as prescribed in the
subdivision agreement. The actual credit will be based on a certified statement of costs on relevant
work elements, as determined by the Public Works Director. The remaining TIF may be used for
the proposed Los Osos Valley Road Interchange improvements.
The subdivider has prepared a Historic Property Preservation Agreement and the document has
been approved by staff. The Agreement includes the DeVaul House Rehabilitation plan. The
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Council Agenda Report-Final Map Approval for Tract 2307
Page 2
Rehabilitation Plan specifies certain improvements and repairs that are to be made to the historic
ranch house and property.
Approval of this final map was conditioned to provide affordable housing consistent with Policy
1.22.1 of the Housing element. The subdivider has prepared two documents, an Affordability
Agreement/Deed of Trust Covenants for Tract 2307 and an Agreement to Provide Affordable
Housing, in order to comply with the affordability provisions of the Housing Element. Staff has
reviewed and approved these two documents relating to affordable housing. .
Covenants, conditions and restrictions(CC&Rs)have been approved by staff and are to be recorded
along with the final map. Other documents, such as the grant deed to the City for the park lot,grant
deeds for the Homeowner Association lots, various easements,the Historical Property Preservation
Agreement, Affordable Housing Agreements and a Notice of Requirements will be recorded along
with the final map. The Notice of Requirements alerts certain future owners regarding specific
development limitations.
Deletion of a Public Access Easement to Froom Ranch
Public Works and Community Development Department staff do not believe that the 10 ft.-wide
pedestrian access easement within Lot 75 should be required, as indicated on the vesting
tentative map between DeVaul Ranch Drive and the "Froom Ranch" (Froom) property and
conditioned under the project EIR(Mitigation Measure J4). Such access is not logical or feasible
at this location, due to construction of an approximately 1.83 in (6 ft) high retaining wall being
constructed at the rear of Lot 75 and adjacent lots, as proposed on the tentative map. A superior
public access alternative to the "DeVaul open space parcel" (previously deeded to the City in fee
title)is provided for via a trail being constructed within the"ranch house"property.
The recent open space easement to the City and County, dedicated by Alex Madonna, et al, does
not allow public access. However, pedestrian access will be provided to the Froom property via
an easement that has already been dedicated on the recently recorded Froom parcel map (MS 00-
041), which will connect to the new street to be created under Tract 2401, adjacent to the Froom
parcel.
Access to Quail Drive
A condition of map approval required the subdivider to obtain an offsite easement through an
existing undeveloped lot in Tract 412 to Quail Drive (Condition 9). The subdivider has
successfully negotiated an'agreement with the property owner and has acquired the easement,
which will be recorded concurrently with the map. This acquisition resulted in 6.10 in (20 ft)
connection between Eto Circle and Quail Drive for public utilities, emergency vehicle,
maintenance, bicycle and pedestrian access. The easement will be fenced, landscaped and
maintained by the Homeowners Association. Bollards will be installed on either end to prevent
through traffic.
Congdon's Tar Plant
The Environmental Impact Report required a mitigation measure that would preserve a sensitive
plant species, Congdon's Tarplant (Hemizonia parryi ssp. Congdonii.). The subdivider prepared a
mitigation plan and has worked with the City'.s Natural Resources Manager and Biologist to harvest
the seeds and plant them on City property near Laguna Lake in accordance with the approved
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Council Agenda Report-Final Map Approval for Tract 2307
Page 3
mitigation plan. The planting has been deemed successful.
Installation of Traffic Calming Devices
The subdivider has agreed to design and install speed tables (Condition 7, Ordinance 1360, 1999
Series) in the subdivision at locations recommended by the City's Traffic Engineer. The City will
monitor the traffic conditions in the subdivision during the term of the Subdivision Agreement and
make recommendations at the end of the monitoring period. If, after the monitoring period, the speed
tables are required the City will direct the subdivider to design and construct said speed tables. The
City will also withhold the release of a portion of the subdivision guarantee in an amount sufficient for
the design and construction said improvements. The estimated cost for the design and construction of
the speed tables is$7,500.
Staff finds the final map to be in substantial compliance with the approved tentative map and that
all conditions of the map have been met and/or guaranteed with appropriate sureties and, therefore
recommends approval.
Approval of a final map is a "ministerial act", pursuant to the California Subdivision Map Act
(Government Code Section 66474.1), once the map is found to be in substantial compliance with
the approved tentative map. Thus, this project has proceeded according to all City regulations and
no further discretionary approvals are required.
CONCURRENCES:
The Community Development, Utilities, Parks & Recreation Directors and City Attorney concur
with the recommended action.
FISCAL IMPACT:
Typical maintenance and operation of public facilities will be required for water and sewer mains,
fire hydrants, certain storm drains, street improvements, LOUR median landscaping and the City
park.
Transportation Impact Fee credits will reduce the amount of fees received by the City, based on
improvements being constructed beyond the responsibility of the subdivider. These improvements
will also result in a reduction of capital expenditures required by the City at a future date to
accommodate build out per the project traffic report.
ALTERNATIVE:
The Council may deny the final map if it finds that all conditions have not been satisfactorily met.
ATTACHMENTS:
1 -Map
2-Draft resolution and subdivision agreement
3-Resolution No.8975(1999 Series)
4-Ordinance No. 1360(1999 Series)
5-Final Map Checklist
6-Surety Bonds
7-Grant Deed to City for DeVaul Park L•\...\Council Agenda Reports\Final map approval for Tract 2307
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ATTACHMENT 2
RESOLUTION NO. (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2307
WHEREAS,the City Council made certain findings concerning vesting Tract 2307, as
prescribed in Resolution No. 8975 (1999 Series), and
WHEREAS,the subdivider has submitted bonds in the total amounts of$4,494,677.00
(Faithful Performance) and $2,247,338.50 (Labor&Materials) to guarantee installation of the
required subdivision improvements per approved plans and all fees have been received as
prescribed in the attached subdivision agreement,marked"Exhibit A", and
WHEREAS,the subdivider has submitted a Historic Property Preservation Agreement,to
preserve the historic DeVaul ranch house on Lot 59, and
WHEREAS,the subdivider has submitted a grant deed to the City for Lot 150 for public
park purposes, an`offsite"easement deed for public pedestrian,bike,utilities and emergency access
to Quail Drive, adjacent offsite right of way for widening of Los Osos Valley Rd. outside of the
subject tract,and has previously granted the required open space grant deed, and
WHEREAS,the subdivider provided for the 10 ft.-wide pedestrian access easement within
Lot 75 required by the project EIR(Mitigation Measure J4)with a superior public access
alternative, and
WHEREAS, all other conditions required per said Resolution No. 8975 (1999 Series)have
been satisfied or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2307 has
been found to be in substantial compliance with the vesting tentative map and final map approval
is hereby granted. The requirement for a 3.05 meter(10 feet)wide pedestrian access easement
through Lot 75, shown on the tentative map, is hereby deleted as a condition.
The Mayor is hereby authorized to execute the Subdivision Agreement, the Historic
Property Preservation Agreement and accept the above-referenced deeds on behalf of the City.
On motion of , seconded by
And on the following roll call vote:
AYES:
NOES:
ABSENT:
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ATTACHMENT 2
Resolution No. (2001 Series)
Page Two
the foregoing Resolution was passed and adopted this day of ,2001.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
TT Je y G. Jorgensen
I:\...\Council Agenda Reports\FinA Map approval resolution for Tract 2307
� EXHIBIT A
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2001 by and
between SLO Estates, Inc., 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 2307, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2001.
The Subdivider desires that said Tract No. 2307 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the.City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
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5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required_ by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall
have an additional period of time equivalent to such period of delay in which to complete
such work. Any extension of time hereunder shall not.operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
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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 corners 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
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City'of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of$ 4,494,677 that 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.
Cs-9
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 has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($2,247,338.50) in
accordance with State law.
Said Subdivider has paid an inspection fee of$ 277,058 for City to inspect the
installation of said subdivision improvements, and to 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 bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
L' S—/
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
SLO Estates, Inc.
MAYOR Allen K. Settle Patrick N. Srffth, President
ATTEST:
CITY CLERK Lee Price Keeth P. Slaught,
Vic President and Chief Financial Officer
APPROVED AS TO FORM:
CITY ATT Je rey G. Jorgensen
APPROVED AS TO CONTENT:
UBLIC V� RKS DIRECT6R
Michael D. McCluskey
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EXHIBIT 1
TRACT 2307
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $30,000 for
Monument.Bond to cover the installation of survey monuments in accordance with the approved
map and payment for same. This 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 are not required due to dedication and constructing a City park, as part of the
development.
3. Wastewater infrastructure fees have been paid,as listed in the attached EXHIBIT 2. These fees
include the pro rata share of Laguna and Howard Johnson Lift Station, and Water reclamation
Facility Upgrade.
4. Water and sewer impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
Transportation impact fee credits shall be given by the City (As shown in EXHIBIT 2) for
congestion management improvements (Madonna/LOVR Intersection & LOVR widening)
constructed by the Subdivider in excess of their pro-rata share for said improvements. The
amount of credit shall be based on submittal of a certified statement of costs on work elements,
to the approval by the City's Public Works Director. Credits shall be applied to offset the
Transportation Impact Fee at the time of building permits.
6. The Subdivider shall install parkway landscaping and rear yard fencing per Ordinance No 1360
(1999 series) and the landscaping plan by Oasis Landscape Architects as shown on the
improvement plans.
7. The subdivider of this tract (2307-DeVaul Ranch) shall be reimbursed by the subdivider of the
adjacent tract (Tract 2401 Margaret DeVaul) fora portion of the improvements constructed
along the Los Osos Valley Road frontage of said adjacent tract in accordance with City
regulations(16.44.090 and 16.44.091).
8. The subdivider has agreed to design and install speed tables(Condition 7,Ordinance 1360, 1999
Series) in the subdivision at locations recommended by the City's Traffic Engineer. The City
will monitor the traffic conditions in the subdivision during the term of this Agreement and
make recommendations at the end of the monitoring period. If, after the monitoring period,the
speed tables are required the City will direct the subdivider to design and construct said speed
tables. The City will also withhold the release of a portion of the subdivision guarantee in an
amount sufficient for the design and construction said improvements. (The estimated cost for the
design and construction of the speed tables is$7,500)
9. The subdivider shall comply with all requirements of Ordinance No 1360 (1999 series) and
Council Resolution No 8975 (1999) approving the tentative map:
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EXHIBIT 2
TRACT 2307-FEE AND BOND LIST
Amount Form of Surety Date Received
Bonds and Guarantees:
Faithful Performance-Phase 1 $1,482,371.00 Bond No.3SM 989 858 00 7/31/01
Phase 2 $3.012,306.00 Bond No.3SM 989 859 00 7/31/01
Total $4,494,677.00
Labor& Materials(50%of total
cost of improvements)-Phase 1 $741,185.50 Bond No.3SM 989 858 00 7/31/01
Phase 2 $1.506,153.00 Bond No.3SM 989 859 00 7/31/01
Total $2,N7,338_50
Monument Guarantee $30,000 Bond No.3SM 990 276 00 8/11/01
Rough Grading&Stockpile $100,000 Letter of Credit 8/28/00
Released 8/20/01._
Fees:
Map Check Fee $12,321 Check 1.1/13/00
Plan Check Fee
Phase 1 $15,321 Check 3/31/00
Phase 2 $45,643 Check 5/11/00
Total $60,964
Inspection Fee($1,460+6.l%of
Cost Estimate)
Offsite sewer $1,000 Check 8/16/00
Rough Grading/Stockpile $1,000 Check 3/7/01
Phase ]t $89,885 Check 5/29/01
Phase 2 $185,173 Check 5/29/01
Total $277,058
Wastewater Infrastructure Feel See below N/A
Laguna Lift Station $45,481
Water Rec Facility $94.600
Total $140,181
Total Wastewater Infimtructtue $91,907 (Total fee due with first single family home Building
Fee due with first Single family Permit)
Home building permit
Total Wastewater Infrastructure $48,174 (Total fee due with first multifamily unit or condo unit
Fee due with first Multi Family Building Permit)
/Condo building permit
Water.Impact Fee Fee due with Building Permits
Sewer Impact Fee ° Due in conjunction with Building Permits
Transportation Impact Fee 5 (Due in conjunction with Building Permits)
Transportation Impact Fee Credit a (Credit after subject improvements are complete, in
operation and accepted by City)
Paid$1.000 for construction inspection of import placement on 08/16/00 and$1,000 for construction inspection of the off site sewer
improvements on 03/07/01.
r Fee based on 147 Single Family and 122 Multifamily Homes per letter from Dan Gilmore;City of San Luis Obispo—Utilities Engineer dated
December 6,2000.
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
6To be determined based on a percentage of actual construction costs for congestion management improvements at the LOVR/Madonna Road
intersection signal improvements(Approximately 65-percent of total cost).
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RESOLUTION NO. 8975 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 102-96, SUBDIVIDING A 222-
ACRE SITE INTO 148 RESIDENTIAL PARCELS AND OTHER OPEN SPACE AND
DETENTION BASIN LOTS AT THE SOUTHWEST CORNER OF MADONNA AND
LOS OSOS VALLEY ROADS (TR 102-96, County File No. 2307) .
WHEREAS, the Planning Commission conducted a public hearing on September 8,
1999 and recommended approval of Vesting Tentative Tract Map TR 102-96; and
WHEREAS, the City Council conducted a public hearing on October.19, 1999 and has
considered testimony of other 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 proposed subdivision is consistent with the
General Plan, , the Zoning Regulations, and other applicable City ordinances with approval of
the requested PD zoning; and
WHEREAS, the City Council has considered the DeVaul Ranch environmental impact
report (EIR) certified by the City Council in December, 1998 for its adequacy in evaluating this
request.
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 DeVaul Ranch EIR
certified by the City Council in December, 1998 adequately addresses the potential significant
environmental impacts of the proposed project.
SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative
Tract Map TR 102-96 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 which designates this area as Medium Density Residential.
2. The site is physically suited for the type and density of development allowed in the R-1-
PD, R-2-PD, and R-3-PD zones.
3. As conditioned, the DeVaul Ranch phasing plan for development is consistent with the
City's one percent annual growth limit.
3. As conditioned; 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 subdivision will not have a significant adverse impact on the environment, subject to
the mitigation measures of the Final Environmental Impact Report (EIR) certified by the
R 8975
cs-i4
Resolution No. 8975 (1999 Series)
Page 2
City Council on December 15, 1998, being incorporated into the project and the mitigation
monitoring program adopted with the EIR approval being followed.
SECTION 3. Annroval. The request for approval of Vesting Tentative Tract Map for
TR 102-96 (Tract 2307) is approved subject to the following mitigation measures, development
phasing schedule, conditions and code requirements:
(Mitigation Measures)
1. The subdivider shall comply with all adopted mitigation measures for the DeVaul Ranch
EIR.. Those include aesthetics, cultural resources, biological resources, geology and
soils, utilities, affordable housing, traffic and circulation, noise, and air quality.
2. The subdivider shall create a "Maintenance Association" to facilitate long-term care of
the landscaping.
3. The subdivider shall retain the row of cypress trees along Madonna Road and provide an
approximately 8 foot wide buffer/landscape space between the edge of pavement and the
trunks of the trees.
4. The subdivider shall design the DeVaul ranch house drainage/detention basin(s) to appear
as a naturally occurring feature and revegetate the perimeter with native plants and trees .
to further reduce its engineered appearance.
5. The open drainage channel along the base of the Irish Hills shall be designed so it appears
as a naturally occurring feature of the landscape rather than an engineered drainage
channel. If used, concrete lining shall be minimized and shall be an earth tone color.
Contour grading, aesthetic consideration of rock placement, and appropriate native
vegetation shall be integral to the design. The drainage channel shall be designed to
enhance the adjacent pedestrian experience as much as possible. j
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6. The subdivider shall provide a screen including fencing, shrubs, and trees between the
project's apartment development area and the, adjacent Laguna Ranch property to the
southeast.
7. The subsurface area within the DeVaul Ranch house complex must not be disturbed, or a
qualified archaeologist must conduct subsurface test excavations consistent with City
requirements and follow subsequent procedures as detailed in the project's mitigation
monitoring program. These mitigation measures shall be listed on the project's
construction and public improvement plans to ensure .all contractors are aware of the
requirements.
8. The subdivider shall dedicate 184 acres of land zoned C/OS-160 (37.9 acres of which is
dedicated as an annexation requirement for open space) as shown on the tentative map.
Resolution No. 8975 (1999 Series)
Page 3
9. All slopes will incorporate run-on and runoff control measures, subsurface drains, and
other improvements as necessary to minimize the potential for erosion and excessive
moisture conditions in soils beneath building foundations, roadways, curbs, and
sidewalks.
10. The designs of all foundations, roadways, curbs, and other structures shall be reviewed
by a geotechnical engineer to ensure that they are compatible with the soils properties and
conditions of the project site.
11. Grading operations shall be monitored by or under the direction of a geotechnical
engineer to ensure proper selection and compaction of fill and to identify any
undiscovered soil conditions or features that might affect the construction of the
development.
12. The applicant shall provide affordable housing consistent with Policy 1.22.1 of the
Housing Element.
13. All project related construction shall be limited to the hours of Monday-Saturday lam to
7pm.
14. Clearly post noise restrictions on-site until the proposed project is completed.
15. The subdivider shall note the air quality mitigation measures on all construction plans.
(Growth Management Phasing Schedule)
1. The project shall comply with the residential growth management phasing schedule for
Irish Hills North as shown on the attached Exhibit A.
(Tentative Map Conditions)
1. An additional 63 feet of right-of-way along LOVR is required on the project side of the
street to accommodate the ultimate street configuration. R/W and traffic lane transitions
across the Madonna Rd. intersection shall be provided in accordance with the mitigation
measures established under the Environmental Impact Report for the project, including
modifications to the existing traffic signal at Madonna Rd. and Los Osos Valley Rd..
2. The sidewalk along the southerly side of Madonna Rd., adjacent to lot 148, shall be
constructed within a public pedestrian easement (contiguous with the Madonna Rd. R/W)
and within Lot 148, to the satisfaction of the Director of Public Works. An approximate
8 foot wide buffer/landscape space shall be provided between the edge of pavement and
the trunks of the Cypress trees per the project's Mitigation Monitoring Program.
3. Lot 155 shall be owned and maintained by the Homeowners Association and shall
incorporate a public pedestrian, utility and fire access easement. The subdivider shall
improve this area and the adjacent northwesterly off-site easement area (to be acquired by
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Resolution No. 8975 (1999 Series)
Page 4
subdivider) to extend access and utilities to Quail Drive, to the satisfaction of the
Director of Public Works, Community Development Director and Fire Chief.
4. Off-site dedication of property for public right-of-way purposes is required to facilitate an
LOVR lane taper. The subdivider shall exhaust all avenues available to acquire the
public right-of-way dedication. In the event the subdivider is unable to acquire the
property, the City Council will lend the subdivider its powers of condemnation to acquire
the off-site right-of-way, including any necessary slope and drainage easements. If
condemnation is required, the subdivider shall pay all costs associated with the off.-site
right-of-way acquisition (including attorneys and court costs).
5. Complete street improvements shall be constructed in accordance with the most current
City regulations, City of San Luis Obispo Engineering Standards and Standard
Specifications (integral curbs, gutters & 2m sidewalks, full width street pavement,
signing, striping, barricades, street lights, etc.) except as follows: The width, lane
configuration and sidewalk locations of internal streets may deviate from City standards,
as approved by the Director of Public Works. The modified street section shall be a 50
foot wide right-of-way with 35 feet curb to curb section (two 10' travel lanes and a 7.5'
parking lane on each side) and 7.5 foot wide parkways on each side. The sidewalks shall
be 5 feet wide and setback 6.5 feet from the curb face, creating a 6 foot wide tree
planting and landscaped parkway area. The subdivider shall dedicate a 5 foot wide public
pedestrian and public utilities easement adjacent to all internal streets to accommodate the
proposed detached sidewalks. Landscaped parkways shall be maintained by the
homeowner's association.
6. All interior streets shall be designed to City standards with travels lanes of at least 10'
wide, to the satisfaction of the Director of Public Works and Fire Chief.
7. Vehicular access rights along Los Osos Valley Road shall be dedicated to the City, except
at the driveway location shown on the tentative map.
8. All street layouts and intersections (horizontal and vertical alignments, radii, sidewalk
configurations, lane widths, curb to curb dimensions, etc.) are subject to minor
adjustments and modifications, if deemed necessary by the Director of Public Works, for
safety and maintenance purposes.
9. The off-site acquisition and design of the property necessary to complete the connection
between this development and the Quail Dr. neighborhood shall occur prior to approval
of the final map, or if phased, during the first phase. The City shall lend its power of
eminent domain pursuant to Government Code Section 66462.5, if necessary, subject to
an agreement which provides for all costs to be borne by the subdivider. The subdivider
may construct a residence on the remainder of the lot as long as it complies with the
City's development standards for the R-1 zone.
CS�� 7
/47*c A mx n f 3
Resolution No. 8975 (1999 Series)
Page 5
10. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
each lot. The subdivider shall dedicate a 3m wide street tree easement across the
frontage of each lot. The overlapping easements shall be adjacent to and contiguous with
all public right of way lines bordering each lot.
11. If construction phasing of the new street pavement is proposed, the phasing shall provide
for the ultimate structural street section and pavement life (per the City's Pavement
Management Plan) prior to acceptance by the City. The engineer shall detail this
requirement in the public improvement plans, to the satisfaction of the Public Works
Director.
12. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works. The design of said lighting systems shall be coordinated by
the developer between the City and PG&E so as to minimise the amount of City owned
conduit and wiring system, to the satisfaction of the Director of Public Works.
13. If the City Arborist identifies trees requiring safety pruning, all pruning shall be
performed by a certified Arborist.
14. Plans shall have sufficient detail to assess the adequacy of the. emergency vehicle
easement to Quail Drive. All weather access and fire protection water system shall be
installed and approved prior to any combustible construction. The design of this
easement shall be reviewed and approved by the City's Architectural Review Commission
and Fire Marshal.
15. Required access ways shall conform to current San Luis Obispo Fire Department
Development guidelines. All access ways within this project shall be designed as fire
lanes. The minimum access width shall be 20 feet and the vertical clearance shall not be
less that 13.5 feet. Dead end access roads in excess of 150 feet in length shall be
provided with an approved turn around. A temporary, all weather turn around shall be
installed and maintained in the area of Lots 79 and 80 until the road way in the adjoining
subdivision is completed. Required fire access ways (with minimum width) shall be
painted red with appropriate signage installed to prohibit parking.
16. Pedestrian access easements from the terminus of Streets B and C shall be provided to the
adjoining property to the southeast.
17. A no-build zone on the resulting slopes of the hillside lots after grading shall be provided.
18. Additional street trees shall be provided in the Madonna Road sidewalk next to the
detention basin to the satisfaction of the Director of Public Works and Community
Development Director.
�} tcA4te..ot 3
Resolution No. 8975 (1999 Series)
Page 6
19. Additional landscapin a ag)-sh be provided in the bulb-out areas, to the
satisfaction of th ommunity Development Direct 1-FW
20. The DeVaul Ranch house property may not be further subdivided for any development.
A covenant acknowledging this restriction shall be prepared by the applicant, approved
by the City Attorney, and submitted to the Community Development Department for
review, approval, and recordation, prior to final map recordation
21. The Quail Drive easement shall relocated to the north side of the Quail Drive lot.
22. In the title report for each property and ,in the project's CC&R's, the developer shall
disclose that the property may be impacted by noise or other activities associated with the
nearby airport and that the adjoining Froom Ranch Property is designated for commercial
development. Said language shall be to the approval of the City Attorney.
23. Lot 151 shall be owned and maintained by the Homeowner's Association (HOA) with an
irrevocable easement to the City for recreation purposes.
24. The proposed public park shall be designed and constructed by the developer and shall
meet American Disabilities Act (ADA) standards, to the satisfaction of the Director of
Parks & Recreation and Community Development Director. The developer shall be
responsible for all costs and maintenance of the park for .a period of not less than one
year following acceptance of the improvements.
25. Final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) shall be subject to change to the satisfaction of the Public
Works Director and Utilities Engineer.
26. The subdivider shall provide all-weather access to all City owned facilities (manholes,
valve wells, drain inlets, etc.) located within easements in private property, to the
satisfaction of the Director of Public Works and Utilities Director.
27. Easements extending southerly from streets "B" and "C" shall also include rights to
construct and maintain public water, sewer and storm drainage systems.
28. The subdivider shall place underground, all existing overhead utilities along the public
street frontages and/or within the tract boundaries, to the satisfaction of the Public Works
Director and utility companies.
29. Additional on site (private) fire hydrants will be required for the apartment project and
shall comply with Fire Code spacing and densities. Landscaping shall not be located
within 3 feet of a fire hydrant. Planting materials should be carefully selected to prevent
obstructions or future maintenance problems.
CS-1 �
Resolution No. 8975 (1999 Series)
Page 7
30. The on site distribution main shall be capable of supplying the required fire flow as
determined by the Fire Code.
31. 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
and shall make recommendations for appropriate improvements that will reduce flooding.
The development must be designed so as not to increase flooding potential downstream;
detention facilities will be required.
32. If the study identifies on-site areas 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.
33. The proposed detention and siltation basins and related drainage improvements, shall be
privately owned and maintained by the Homeowners' Association (HOA). The storm-
drainage facilities downstream of the detention basin and within public streets will be
accepted by the City. The HOA shall be required to provide annual maintenance and
status reports each Fall by a registered civil engineer for the basins and do necessary
repairs as recommended prior to the rainy season. This provision shall be included in the
CC&Rs for the tract.
34. The path/road_providing access to the siltation basin shall be constructed as an all-
weather access, to the satisfaction of the Director of Public Works and Community
Development Director.
35. The drainage swale and related improvements within lot 152 (behind lots 51-74) shall be
maintained by the HOA. Appropriate easements shall be provided to allow access and
maintenance of said drainage improvements, to the satisfaction of the Director of Public
Works and Community Development Director. This provision shall be included in the
CC&Rs for the tract.
36. Off-site easements for grading and drainage are required in order to discharge drainage
across the adjacent property to an adequate point of disposal.
37. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the Public
Works Director, Community Development Director, the City's Natural Resources
Manager and the Dept. of Fish & Game.
05--OTE
3
Resolution No. 8975 (1999 Series)
Page 8
38. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
39. .All boundary monuments, lot comers 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 bebased 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.
40. 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.
41. Water meters shall be manifolded in pairs, whenever practical.
42. The subdivider shall design the driveway entrance at the southeastern corner of Parcel
148 to provide for only right turns into the project by southbound traffic on Los Osos
Valley Road. (Right turns out of the project shall be precluded because this driveway
configuration would introduce traffic into a merge lane.)
43. The subdivider shall install a transit stop on Los Osos Valley Road, as shown on the
tentative tract map, to include a concrete pad, transit shelter, trash container, transit route
sign and lighting. The precise location and design of these facilities shall be to the
approval of the Director of Public Works and Community Development Director.
44. Pedestrian Access: As shown on the tentative tract map, the public utility easements
(PUE) shall also be reserved and improved for pedestrian access throughout the tract
boundary, as follows:
• A pedestrian connection shall be provided across the south side of the
neighborhood park between "D" and "E" Streets.
• The PUE at the south end of "B" Street should be relocated to be adjacent to
the western property boundary for Lot 125-D..
• Of specific importance is reserving non-vehicular access rights from the ends of
both "B" and "C" Streets to the southern tract boundary to enable non-vehicular
circulation to and from development on the adjoining parcel.
• Connection to Quail Drive.
Resolution No. 8975 (1999 Series)
Page 9
45. Walkways in Park: The walkways that extend through the neighborhood park (Parcels
149 and 150), shall intersect with "D" Street at the normal pedestrian crossing location
parallel to Madonna Road. (The sketch plan for the park included in the application
materials shows an offset which would encourage pedestrian crossings at an unexpected
location.on "D" Street.)
46. Traffic Circle: All curb "bulb-outs" and "traffic calming" features shall accommodate
access by emergency response vehicles and garbage trucks, and shall be constructed to
avoid damage from large moving vans/trucks, to the satisfaction of the Director of Public
Works and Fire Chief. (e.g. - mountable curbs should be designed to withstand the
impacts incurred from fire trucks, garbage trucks & semi-trailer moving vans.)
Appropriate signs or directional facilities, .to the approval of the Director of Public
Works, shall be provided and shall be visible from all approaches to the traffic circle that
foster its correct-use.
47. Madonna Road Median: The metal railing that is shown around the curved portion of the
median nose shall be eliminated. The final design of the pedestrian refuge for crossing
Los Osos Valley Road (as shown in the "Center Median Design" detail in the
"Attachment to the Tentative Map") is subject to modification, specifically regarding
railing, curbing, landscaping and paving materials.
48. The applicant shall prepare and submit an Affordable Housing Agreement for City review
and approval per Section 17.19.110 of the Zoning Regulations.
49. All traffic and pedestrian signage shall comply with international design standards.
50. Street name signs shall comply with the newly adopted City standards.
(Code Requirements)
1. Traffic impact fees are required to be paid prior to the issuance of a building permit.
2. EPA Requirement: General Construction Activity Storm Water Permits 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 owners) of land where
construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with
the appropriate fee, to the State Water Board.
3. A water allocation is required, due to the addition of residential units. Currently, a water
allocation can only be obtained through the water retrofit program. The City's Water
Conservation division can help in determining the needed allocation and the necessary
cs—�a
Resolution No. 8975 (1999 Series)
Page 10
number of retrofits. Water Conservation can be reached by calling 781-7258.
4. Water and Wastewater Impact Fees are charged on a per residential unit basis and shall
be paid at the time building permits are issued. The cost of developing an allocation
through retrofit could offset a portion of the required Water Impact Fee according to
appropriate City policies.
5. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
6. On-site use of any well will be allowed to continue only on the parcel overlying the well.
7. Some off-site public sewer must be constructed in order to provide adequate capacity to
serve this project.
8. The applicant shall pay park-in-lieu fees consistent with SLO Municipal Code Section
16.40.080
Upon motion of Vice Mayor Romero, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 19th day of October; 1999.
i
Mayor Allen Settle
TTES
Lee Price, City Clerk
APPROVED AS FORM:
Je . J rge n, Py Attorney
�s a�
ORDINANCE NO. 1360 (1999 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS MAP
TO CHANGE THE ZONING DESIGNATION FROM R-1,R-2,AND R-3 TO R-1-PD9 R-2-PD
AND R-3-PD AT 11855 LOS OSOS VALLEY ROAD
(PD 102-96; DEVAUL RANCH)
WHEREAS,the Planning Commission conducted a public hearing on September 8, 1999, and
recommended approval of the amendment to the site's zoning; and
WHEREAS,the City Council has held a public hearing on October 19, 1999 and has considered
testimony of other 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 proposed revisions are consistent with the General
Plan,the purposes of the Zoning Regulations and other applicable City ordinances; and
WHEREAS,the City Council has considered the DeVaul Ranch environmental impact report
(EIR)certified by the City Council in December, 1998 for its adequacy in evaluating this request;and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the Final EIR for the DeVaul Ranch
project adequately addresses this amendment to the site's zoning.
SECTION 2. The City Council makes the following findings:
1. The components of the PD rezoning are consistent with the General Plan which calls for a range of
housing types,with low density,medium density, and medium-high density development each
occupying about one third of the area.
2. Features of the design(ie. traffic calming measures and design of streetscapes)achieve the intent
of conventional standards as well as or better than the standards themselves.
3. The project incorporates features (such as electrical vehicle plug ins) which result in consumption
of less energy than conventional development.
4. A Mitigation Monitoring Program has been approved by the City Council in conjunction with the
certification of the Final EIR.
5. The PD rezoning provides facilities or amenities suited to a particular occupancy group (such as
the elderly or families with children)which would not be feasible under conventional zoning;
6. The PD rezoning transfers allowable development,within a site, from areas of greater
environmental sensitivity or hazard to areas of less sensitivity or hazard;
01360
� � f Ll .
Ordinance No. 1360 (1999 Series)
Page 2
7. The PD rezoning provides more affordable housing than would be possible with conventional
development;
8. Features of the particular design achieve the intent of conventional standards (privacy,usable open
space, adequate parking,compatibility with neighborhood character, and so on) as well as or better
than the standards themselves;
9. The PD rezoning incorporates features which result in consumption of less materials, energy or
water than conventional development.
10. The proposed project provides exceptional public benefits such as parking, open space,
landscaping,public art, and other special amenities which would not be feasible under
conventional development standards.
SECTION 3. The Zoning Regulations Map Amendment(PD 102-96) is hereby approved and
the property rezoned to Planned Development(R-1-PD,R-2-PD,R-3-PD) as shown on the attached
Exhibit.A and as described in Exhibit B subject to the following conditions:
1. Should the DeVaul Ranch planned development not be pursued,the Planned Development zoning
for the project shall expire with the expiration of the vesting tentative map.
2. Three footnotes shall be added to the setback table:
* Requiring a 20-foot deep driveway apron to be located in front of the garage and outside of the
sidewalk area;
* Allowing varied side yard setbacks to reduce building massing with ARC approval; and .
* Allowing zero setbacks for garages at the rear of the property with ARC approval.
3. Homes abutting the Quail Drive lots shall be limited to 19 feet in height, subject to Architectural
Review Commission approval.
4. Building setbacks shall be varied to provide visual interest. Property owner access shall be provided
to all sides of an owner's building to allow for maintenance.
5. No two 2-story portion of a duplex structure shall be located next to each other.
6. Any access to parking that is provided in addition to that which is required, should be constructed
with a pervious surface to the satisfaction of the Community Development Director.
7. Speed tables shall be constructed in conjunction with the proposed bulbouts.
8. A density bonus shall be granted to allow a total of 147 single-family and 122 multi-family dwelling
units.
9. The energy conservation measures proposed by the applicant in their submittal materials shall be
included with the DeVaul Ranch Planned.Development Project.
Cs-as
f4 ¢fad, r►.en f Ll
Ordinance No. 1360 (1999 Series)
Page 3
10. The pedestrian entry at Los Osos Valley and Madonna Roads shall not include a closing gate.
11. In conjunction with the applicant's application for the first phase of building permits, a noise
analysis shall be submitted which identifies potential aircraft noise impacts and construction.
measures proposed to comply with interior noise levels.
12. A provision shall be included in the CC and R's that tandem parking spaces located in garages shall
not be converted to other uses.
SECTION 3. A summary of this ordinance, together with the names of Council members voting
for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a
newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of
the thirty(30)days after its final passage.
INTRODUCED on the 19'day of October, 1999 AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the 16'day of November 1999, on the following roll call vote:
AYES: Council Members Ewan,Marx, Schwartz, Vice Mayor Romero, and Mayor Settle
NOES: None
ABSENT: None
4MayvorAenSettle
A T:
City Clerk Lee Price
APPROVED AS TO FORM:
City ey J gensen
MY Of San tu's OBISPO - F
I►�� ll�u,�
.- F� FINAL MAP APPROVAL CHECKLIST
PROJECT NAME 7/ad Z�_J DQ�/L�t/1 &i3e J, (d e To/'asa Pay-ZA)
DESCRIPTION 514hd)✓la,, .Pa 6k 10-14 Z xif LLA102-47o . As gaaecED W ?fin—MATO
MAP NUMBEFl TRact 7-307 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER QD 102-x(0
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL DATE COMMENTS
1 GRADING including planting&retaining walls 1;?,06q,
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
8 NON-CITY UTILITIES
P.G.&E- — Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) "SL I�un lamerm'A
10 PUBLIC IMPROVEMENTS payments received VAt, V;1-0t 4 7N,292 in N M O�
11 AGREEMENT CONDITIONS_ have been met - -Q( � /n R jpgdt;ek
12 MONUMENTATION -Z1-o/ &nded
13 STREET TREES - -p -Le-
14 OFFSITE WORK. -11-0(
15 BONDIGUARANTEE deposited 8-Z -pl gwdej An+oas44 _ ff,'YNIZ 77.
16 PARK dedication or In-lieu fees O>7 Ma
17
OTHER CONDITIONS
18 Board of Adjustments 1
19 Planning Commission oma% ., o Cm�l� rU i �, cis . w^t
20 Architectural Review Commission ha)
21 City Council 23
22 Abandonments 141A
23 Other
ATTACH LIST OF CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENTAPP
52.81 PUBLIC46WAGS"PPROVALa
WC("
Insurance Com a� ��`M� �
American Motoris.s Insn p j
FIRST TERMPREMIUM FULLY EARNED
Bond Number: 3SM 989 858 00
Premium(Two Years): $22,236.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, SLO Estates, Inc, as Principal, and the AMERICAN
MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Illinois and authorized to transact Surety business in the State of California as Surety, are held and firmly bound
unto City of San Luis Obispo, as Obligee, in the stmt of One Million Four Hundred Eighty Two Thousand
Three Hundred Seventy One and No/100ths DOLLARS ($1,482,371.00), for which the payment whereof, well
and truly to be made, said Principal and Surety bind themselves, their heirs,.administrators, successors, and
assigns,jointly and severally,firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement,dated 2001,with the Obligee to do and perform the following work;to wit:
Los Osos Valley Road and Madonna Road,San Luis Obispo
Tract 2307-Phase 1
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract,then this obligation shall be void;otherwise to remain in fu;and
SIGNED,SEALED,DATED:July 23,2001
SLO Estates,Inc, American Motorimpany
(JIncipal) Surety)
B . /� J) By:
Davi Z. A mey In Fact
DIRECT CORRESPONDENCE TO :
LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041
PHONE(323)257-8291 •FAX(323)258-7218
Subdivision Performance Bond-08-25-99.dot
A +
� »
State of California
County of Los Angeles
On JUL s 3 200' before me, A. Melendez Notary Public.
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/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
upon behalf of which the person(s) acted, executed the
' instrument.
WITNESS haid an (ficial s�ep�C.
r ,
tSIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TTLE(S) ---
❑
PARTNER(S) ❑ LIMITED NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
Lumbermens Mutual Casualty CompaI4 SIGNER OTHER THAN NAME ABOVE
American Manufacturers Mutual Insurance C'ompanv
Lou Jones&Associates
csaq
American Motorists Insurance Compa"y
Bond Number: 3SM 989 858 00
SUBDIVISION BOND
LABOR & MATERIAL/PAYMENT 1�n
KNOW ALL MEN BY THESE PRESENTS: That we, SLO Estates, Inc. as Principal, and AMERICAN
MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of San Luis Obispo
as Obligee, in the stun of Seven Hundred Forty One Thousand One Hundred Eighty Five and 50/100ths
DOLLARS ($741,185.50) lawfiil money of the United States of America for the payment of which sum well and
truly to be made,We bind ourselves jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a
Subdivision Agreement with the Obligee, dated 2001 , in which said Principal agrees to construct designated
public improvements,as follows:
Los Osos Valley Road and Madonna Road,San Luis Obispo
Tract 2307-Phase 1
and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment
Bond as herein provided.
NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials,
provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for
performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said
Surety will pay the same in an amount not exceeding the stun set forth above.
This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or
furnishing labor and materials to them for the improvements.
SIGNED,SEALED,DATED:July 23,2001
SLO Est `s,Inc. American Motorists In c pany
cipal) S ty)
By: ! By:
David .N A In Fact
7
DIRECT CORRESPONDENCE TO :
LOU JONES 8 ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 c
PHONE(323)257-8291 •FAX(323)256-7218 J
Subdivision Paynmd Bond-09-25.99.dot
CALIFfTRP�AAt {PI S.AGBNCS�y�N'#
State of California
County of Los Angeles
On JUL 3 4.0 before me, A. Melendez Nota-r_X Public.
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/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
y upon behalf of which the person(s) acted, executed the
instrument.
WITNESS' p' uId an official s
` SIGNATURE OF NOTARY) v
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TTLE(S) -- — —
❑
PARTNER(S) ❑ LIMITED NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance C.ompmy
I_,umbermenc_Muluat Casualty Comp= SIGNER OTHER THAN NAME ABOVE
American Manufacturers Mutual Insurance Company
Lou,ones&Associates
�5'3/
Home Office: Long Grove, It. 60049
POWER OF ATTORNEY C
Know Ali Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws of the Stale of Ilinois, having their principal office in Long Grove,
Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint
David Z. Noddle of Los Angeles, California'•'•"'•""`•"•'•
their true and lawful agent(s)and attomey(s)in-tact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed:
Any and all bonds and undertakings '•'"""�••••
EXCEPTION: NO ALITHORiTY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herelm...
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the,said Company as fully and amply
to all intents and purposes,as if the same had been duty executed and acknowledged by their fogularly electedoftcers at their principal offied in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on
behalf of the Company,and attach the seat of the Company thereto,bonds and undertakings, racognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.•
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on airy power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument.to be signed and their corporate seals to be affixed by their authorized officers,
this March 20,2000.
Attested and Certified: Lumbermen Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual insurance Company
3 �.l': � Oo�11t L �aunayiiwt
/
f"
f� O aI'� �l
Robert P.Hames, Secretary by J.S.Kemper,III,Exec.Vice President
American Motoris Insurance Compa..f KIl[pm
FIRST TERM PREMIUM FULLY EARNED
Bond Number: 3SM 989 859 00
Premium (Two Years): $45,185.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, SLO Estates. Inc., as Principal, and the AMERICAN
MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Illinois and authorized to transact surety business in the State of California as Surety, are held and firmly bound
unto City of San Luis Obispo, as Obligee, in the sum of Three Million Twelve Thousand Three Hundred
Sia and No/100ths DOLLARS ($3,012,306.00), for which the payment whereof~ well and truly to be made, said
Principal and Surety bind themselves, their heirs, administrators, successors, and assigns,jointly and severally,
firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement,dated 2001,with the Obligee to do and perform the following work; to wit:
Los Osos Valley Road and Madonna Road,San Luis Obispo
Tract 2307-Phase 2
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract,then this obligation shall be void;otherwise to remain in full force and effect.
SIGNED,SEALED,DATED:July 23,2001
SLO Estates,Inc. American Mot In rance mpany
n: (PrinCl 1 (S�y)
By: By:
--/� a .N Attorney In Fact
l
0 DIRECT CORRESPONDENCE TO :
LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 /t�
PHONE(323)257-8291 .FAX(323)256-7218 (�
Subdivision Performance Band-08-25-99.dot
GAI.IPEkRN> AtLL=PC1~rtG>fiE3WEs1,dEL
State of California
County of Los Angeles
On JR a 32001 before me, A. Melendez, Notary Publie,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/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
upon behalf of which the person(s) acted, executed the
- instrument.
WITNESS d Lytand o tial seal. ;
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAVUED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TTLE(S) ------- ---
❑
PARTNER(S) ❑ LIMITED NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Comoanv
Lumbermens Mutual Casualty Comp= SIGNER OTHER THAN NAME ABOVE
American Manufacturers Mutual Insurance Company
Lou Jones&Associates
CS-3�
/TTFX
American Motorh,.s Insurance Compal ia�11�
Bond Number: 3SM 989 859 00
SUBDIVISION BOND
LABOR & MATERIAL/PAYMENT
KNOW ALL MEN BY THESE PRESENTS: That we, SLO Estates. Inc. as Principal, and AMERICAN
MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of San Luis Obispo
as Obligee, in the sum of One Million Five Hundred Sia Thousand One Hundred Fifty Three and No/100ths
DOLLARS ($1,506,153.00) lawful money of the United States of America, for the payment of which sum well
and truly to be made,We bind ourselves jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a
Subdivision Agreement with the Obligee; dated 2001 , in which said Principal agrees to construct designated
public improvements,as follows:
Los Osos Valley Road and Madonna Road,San Luis Obispo
Tract 2307-Phase 2
and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment
Bond as herein provided.
NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials,
provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for
performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said
Surety will pay the same in an amount not exceeding the sum set forth above.
This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or
furnishing labor and materials to them for the improvements.
SIGNED,SEALED,DATED:July 23,2001
SLO Estate Inc. American Mot ranee Company
( cipal) (Surety)
By: ' By:
Da .N dle,Attorney In Fact
DIRECT CORRESPONDENCE TO:
LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 rl 2 C
PHONE(323)257-5291 a FAX(323)256-7218 C- ✓J
Subdivision Payment Bond-08-25-99.dot
be
: : :
State of California
County of Los Angeles
On JUL 2 3 2MI before me, A. Melendez, Nota.7 Public,
NAME,TITLE OF OFFICER
personally appeared Dadd Z. Noddle
NAME OF SIGNER
Personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/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
upon behalf of which the person(s) acted, executed the
instrument.
WITNESS k d an o seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form
CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TrLE(S) --------- --
❑ PARTNERS) ❑ LIMITED NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance ompa v
Lumberrnens Mutual Casualty Comp= SIGNER OTHER THAN NAME ABOVE
American Manufacturers Mutual Insurance Company
Lou Jones&Associates
Home Office: Long Grove, IL 60049
r
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws of the State of tlinois, having their principal office in Long Grove,
Illinois,(hereinafter collectively referred to as the'Company')do hereby appoint
David Z. Noddle of Los Angeles, California
their true and lawful agent(s)and attomey(s)4ri-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specked below, unless sooner revoked for and on its behalf as surety,and as their act and deed:
Any and all bonds and undertakings""""""•""""""""""•
EXCEPTION: NO AUTHORITY Is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any pmmissory note,check,draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.._
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Companir-as fulty.Andi2ly
to all intents and purposes,as if the same had been duty executed and acknowledged by their regularly elected officers at their-principal o In
Long Grove,liiinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23,1988 at Chicago. Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
'VOTED. That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys4n4act,and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.'
This Power of Attorney is signed,seated and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duty called and held on the 23rd day of February, 1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certfioations by the Secretary,may be afFaed-by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,.sealed and certified with respect to any bond or undertaking to which it Is attached,shall continue to
bevalid and binding upon the Company.*
In Testimony Whereof,the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers,
this March 20,2000.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
iY.W1tOq
�./ � E ��t: ;COIIIOII�iIOtf
Robert P. Hames,Secretary by J.S.Kemper,111,Exec.Vice President
Esc-.ow No.:
Order No.
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA 93401
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$
[ ]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.
APN #'s 053-510-005, 006
Signature of Declarant or Agent determining tax-Firm Name
GRANT DEED
(PUBLIC PARK LOT)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SLO Estates, Inc. a California
Corporation, hereby GRANT(S)to the City of San Luis Obispo, a California Chartered Municipal Corporation the real
property in the State of California, County of San Luis Obispo, City of San Luis Obispo,for public park purposes as
described in Exhibit W.
By SLO Estates, Inc. a California Corporation
July 14, 2001
Date Patrick N. Smith,Pfesident
S
Date eth'Vgaught, Vice President f Financial Officer
C 39
,
STATE OF CALIFORNIA )
)ss.
COUNTY OF San Luis Obispo )
On July 14, 2001 before me, _ Sandra L. Naumann, Notary Public personally appeared
Patrick N.Smith personally known to me
( )to be the person OEt whose namet is/smsubscribed to the within
instrument and acknowledged to me thathe/shBIM executed the same in hist authorized capacity(Ris), and that
by his4gp(hair signatureOG) on the instrument the person($) or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. WDRA,L NAUMAN
S- ccmmbdm#1292470 ya
3 Notay P jbk—CaNambS
Signature--1A,---A-
ignatue-- X, Son Lids Obtspo County
—'S6 idra L. Na m a W comn•teras Nw 29.ar>as
Comm. No. 1282610
My Commission Expires: Nov. 29, 2004 (This area for official notarial seal)
STATE OF CALIFORNIA )
)ss.
COUNTY OF �J.�c. _ par�+o rr�
On o r? before me, a, bbl personally appeared
S personally known to me
( idence) to be the persorA) whose name(3) is/aPe subscribed to the within
instrument and acknowledged to me that he/sheR4ey executed the same in his/hVeltmir authorized capacity(ies), and that
by his/herRheir-signaturepa on the instrument the person(s) or the entity upon behalf of which the person(2) acted,
executed the instrument.
WITNESS my hand and official seal. TnvA OSTItENGER
Commission#1244928
Notary RAilic-California y
Signat Santa Barbaro County
My Cowen.EDec 6.20M
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1194)
C5 3.9
Exhibit "A"
Public Park Lot to the City of San Luis Obispo
Lot 150 of Tract No. 2307, in the City of San Luis Obispo, the County of San Luis
Obispo, State of California, as shown on the map filed in Book at page of
Maps, in the Office of the County Recorder of said County.
END DESCRIPTION
o s�9
09
No 6192
OF CPQ .`�