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HomeMy WebLinkAbout05/21/2002, C6 - FINAL MAP APPROVAL FOR TRACT 2401, A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD I - councit M fin°'w 5/21/02 j agcnaa RepoRt I�N..b� C6 C I TY OF SAN LU IS OBISPO FROM: Michael D. McCluskey,Director of Public Works Prepared By: Jerry Kenny, Supervising Civil Engineer Robert Livick, Principal Civil Engineer r/1 0�_ SUBJECT: FINAL MAP APPROVAL FOR TRACT 2401, A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD [OBISPO ESTATES - LOVR-SLO,LLC SUBDIVIDER] CAO RECOMMENDATION: Adopt a resolution approving the Final Map for Tract 2401, and authorizing the Mayor to execute the subdivision agreement. DISCUSSION: A vesting tentative map (Planning Application # TR/PD 87-00) for Tract 2401 was approved on April 3, 2001, per Resolution No. 9169 (2001 Series). (Attachment 3) This final map creates 54 residential lots. (Attachment 1) The vesting tentative map included Lot 55 for the purpose of a detention basin. The proposed detention basin has now been designed as a subsurface detention pipe gallery, located within an easement on the same lot as the proposed apartments. The detention facilities will be owned and maintained by the homeowners association.The subsurface detention pipe gallery provides an equal amount of mitigation for increased stormwater runoff, while still allowing for the conjunctive use of this area for both stormwater discharge control and the parking.. Public and private improvement plans have been approved by the Public Works, Utilities and Community Development Departments. These improvements include typical streets, storm drains, water and sewer mains and services, fire hydrants, parkway and median landscaping (median curb to be installed under Tract 2307) and public utilities to meet City standards. The subdivider has paid the required fees and has submitted necessary surety bonds or Certificate of Deposit (CD) to guarantee installation of the required subdivision improvements and setting of monumentation, as prescribed in the attached subdivision agreement. (Attachment 2) The sureties have been transmitted to the City Clerk. Reimbursement for Los Osos Valley Rd.improvements The subdivider of this tract is required to reimburse the subdivider of Tract 2307 for the pro-rata share of the Los Osos Valley Road improvements, undergrounding of overhead utilities, gas line, sewer line and waterline constructed with Tract 2307, along the frontage of Tract 2401. This provision was incorporated into the subdivision agreement for Tract 2307 (DeVaul North) in accordance with City regulations (M.C. Section 16.44.090 and 16.44.091), to the satisfaction of the C6-1 Council Agenda Report _mal Map Approval for Tract 2401 Page 2 Public Works Director. Staff has reviewed the preliminary costs submitted by the subdivider of Tract 2307 and determined the "estimated" reimbursable portion to be $183,000, as shown in Exhibit 2 of the subject subdivision agreement. The subdivider has provided a cash-equivalent surety (Certificate of Deposit - payable to the City) in the amount of the estimate to guarantee payment, upon certification of final costs by the subdivider of Tract 2307, as determined by the Public Works Director. The security shall be returned to the subdivider upon payment for the actual cost of the subject improvements. If the final amount exceeds the deposit, the subdivider must pay such additional funds, pursuant to the item in the subdivision agreement. Transportation Impact Fee Credit The subdivider qualifies for Transportation Impact Fee (TIF) credits towards a certain number of future building permits, depending on the amount of credit and the TIF rate. This credit is for the traffic signal interconnect mitigation measure, between the Calle Joaquin and Higuera Street traffic signals on Los Osos Valley Rd. (LOUR), as provided for in the TIF ordinance. (Congestion Management) The qualifying credit has been estimated at $38,000. However, the actual TIF credit will be based on the final certified construction cost, as prescribed in the subdivision agreement, as determined by the Public Works Director. Affordable Housing Approval of this final map was conditioned to provide affordable housing consistent with Policy 1.22.1 of the Housing element. The subdivider has executed an Affordability Agreement/Deed of Trust Covenants for Tract 2401 (Attachment 6) and an Agreement to Provide Affordable Rental Housing (Attachment 7), in order to comply with the affordability provisions of the Housing Element. Staff has reviewed these documents and is recommending approval by the City Administrative Officer. Covenants, conditions and restrictions (CC&Rs) have been approved by staff and will also be recorded along with the final map. Other pertinent documents, such as a "common driveway" agreement and the Affordable Housing Agreements, will be recorded along with the final map. Congdon's Tar Plant The Environmental Impact Report required a mitigation measure that would preserve a found sensitive plant, Congdon's Tarplant(Hemizonia parryi ssp. Congdonii.). The subdivider prepared a mitigation plan and has coordinated 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 mitigation plan. The planting has been deemed successful. DeVaul Ranch Dr. entry landscaping and retaining wall Conditions of this tract include construction of a landscaped median and other entry features within and adjacent to DeVaul Ranch Drive,just off Los Osos Valley Road. A dense vegetative buffer will be planted along the southeasterly boundary of the tract and three "mini-pocket park" areas. C6-2 Council Agenda Report _mal Map Approval for Tract 2401 Page 3 Attachment 5 reflects the approved landscape plans for these areas. The subdivider was required to pursue a slope easement from the adjacent Froom Ranch property owners to eliminate the need for a retaining wall along the southeasterly tract boundary. However, that owner refused to grant such an easement to allow necessary fill. Therefore, a masonry retaining wall, varying from 0.2 to 2.2 in (1 to 7 ft.) high was approved to accommodate the street and lot grades adjacent to that boundary. The seven ft. retaining wall only exists forshort distance. There will be wood fencing (six ft.-high) on top of the retaining wall between the garages that back up to the Froom Ranch property. A four ft.-high open wrought-iron fence will be installed on top of the retaining wall between Los Osos Valley Rd. and the first lot along this boundary to provide a barrier at the "drop-off'; with a removable panel to provide an opening for the future pedestrian/bike access to the Froom Ranch developments. The access will remain closed, pending development of the adjacent parcels. Development of the Froom Ranch parcels will incorporate landscaping and a fill slope to eliminate the wall's impact and to complete this connection. The proposed access was also conditioned as an emergency access to the adjacent Froom Ranch parcel. This emergency access is not necessary, according to the Fire Marshall, since adequate circulation will be provided with the adjacent developments. This access has been reduced to be 6 ft. wide. 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. Therefore, staff recommends approval of the final map and subdivision agreement. 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. This project has accommodated all City regulations and no further discretionary approvals are required. CONCURRENCES: The Community Development Director, Utilities Director and City Attorney concur with the recommended action. FISCAL UYIPACT: Typical maintenance and operation of public facilities will be required for water and sewer mains, fire hydrants, certain storm drains, street improvements, and Los Osos Valley Road median landscaping. ALTERNATIVE: The Council may deny or continue final map approval, if it finds that all conditions have not been satisfactorily met. ATTACHMENTS: I—Map 5-DeVaul Ranch Dr.entry exhibit 2-Draft resolution and subdivision agreement 6-Affordability Agreement/Deed of Trust Covenant 3-Resolution No..9169(2001 Series) 7—Agreement to Provide Affordable Rental Housing 4-Final Map Checklist 1:\Council Agenda Reports\Final Map Approval for Tract 2401 C6-3 ATTACHMENT 1 Attackr gent 1-- lir 6� _ S A1SJ75'E faSWN� DD b $` 191 z`_� r FARRIER COURT +g Y tea_L n. O� 1 - - = — F— y SINGLETREE COURT U - A a K 4 I£ z s !'y >Glg xA TONINI DRIVE__ p �. I •Tai'91 `.�Mvi[i5Y)➢tll y �� r I �-!1)8'15♦M'df5 4U n �`a 888rn1111 3 y _ tK g�n 6�2-4� m 2 Co^moi 1 S SiBYI'_E 111tWri �- �`y aj- l� I / 5.[IS]Yb(Itliirtl I n n LOS OSOS VALLEY ROAD I> vv 4 IY Y vv A d x -. pg A 'p z Zi Ap a � ! �^O _ s g aIN �„ A:\. , �u y �� 9 6-4 r Attachment 2 RESOLUTION NO. (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2401 WHEREAS, the City Council made certain findings concerning vesting Tract 2401, as prescribed in Resolution No. 9169 (2001 Series), and WHEREAS, the subdivider has submitted surety bonds in the total amounts of $2,017,000 (Faithful Performance) and $1,008,500 (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 Community Development Director as approved the Covenants, Conditions and Restrictions(CC&R's) including maintenance requirements of the common areas, and WHEREAS, all other conditions required per said Resolution No. 9169 (2001 Series) have been satisfied or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2401 is 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 the City Administrative Officer is hereby authorized to execute the Affordable Housing Agreements on behalf of the City. 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 , 2002. C6-5 Resolution No. (20t _emeries) _,.' ATTACHMENT 2 Page Two MAYOR Allen K. Settle ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: ATT Y J frey G.Jorgensen I:\Council Agenda Reports\Final Map Resolution for Tract 2401 C6-6 SUBDIVISION AGREEMENT TRACT 2401 THIS AGREEMENT is dated this day of 2002 by and between LOVR-SLO, LLC, a California limited liability company, 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 2401, City of San Luis Obispo, California, as approved by the City Council on the day of 2002. The Subdivider desires that said Tract No. 2401 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 condfion 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 5. STREET LIGHTING C6-7 y 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 fourteen (14) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council and has paid, or will pay, 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 C6 Z 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 total amount of two million seventeen thousand dollars ($ 2,017,000)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 worts shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. C Additionally, the Subdivider attaches hereto, as an integral part hereof, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the total amount of one million eight thousand five hundred dollars($1,008,500) as a labor and materials surety which is fifty percent (50%) of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of one hundred forty one thousand nine hundred and nine dollars ($141,909) 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. C6- 4- 7- IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER LOVRSLO, LLC A Califomia limite liabil" pany MAYOR Allen K. Settle Bob Powler, artner L VR-SLO LLC ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: /WTj0R7FJeyey G. Jorgensen C6-11 11414� Z' EXHIBIT 1 TRACT 2401 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $8,500 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/Surveyor indicating that they have completed the work and have been paid. 2. Park-in-lieu fees have been paid,as listed in the attached EXHIBIT 2. 3. Wastewater infrastructure fees, as estimated in the attached EXHIBIT 2, shall be paid at time of the first building permit, for each of the zoning classifications, through the Community Development Department,Building Division. These fees include the pro rata share of lift station improvements,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, in accordance with City Regulations. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department, Building Division,in accordance with City Regulations. Transportation impact fee credits shall be given by the City(As shown in EXHIBIT 2)for the signal interconnect between the signal at Los Osos Valley Road and the SR-101 Northbound offramp and the signal at Los Osos Valley Road and Higuera. 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 off§et the Transportation Impact Fee at the time of building permits. 6. The subdivider of this tract(2401) shall reimburse- the subdivider of Tract 2307 for their pro- rata share of the Los Osos Valley Road Improvements along their frontage including: excess paving, striping, curb/gutter, undergrounding of overhead utilities, gas line, sewer line and waterline constructed with Tract 2307, in accordance with City regulations (16.44.090 and 16.44.091)and as approved of the Public Works Director. The estimate of the reimbursement is shown in Exhibit 2._ The subdivider shall provide a cash equivalent security (e.g. certificate of deposit, _ __ . in the amount of the estimate,to the City. The security shall be returned to the subdivider upon payment for the actual cost of the improvements in question,based on a certified statement of costs submitted by the developer of Tract 2307 and as approved by the Public Works Director. 7. The subdivider shall comply with all requirements of ARC conditions 87-00, Ordinance No 1385 (2001 series)Council Resolution No 9196(2001)approving the tentative map. C6-12 6 EXHIBIT 2 74- TRACT 2401 -FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Onsite Publicrovements $1,620,000 Offsite sewer improvements $32,000 Landscaping $321,000 Offsite Traffic Signal Improvements3$ 8.000 Total Faithful Performance' $2,017,000 Onsite Public Improvements $810,000 Offsite sewer improvements $16,000 Landscaping $163,500 Offsite Traffic Signal Improvements $19,000 Labor&Materials(50%of total $1,008,500 cost of improvements Monument Guarantee $8,500 Z Z 2L O 2- Rough Rou Grading&Stoc 'ile $102000 Sur Bond 8/1/01 Public Art $25,000 07- Fees. ZZ 2 2Fees. Map Check Fee $5,091 Check. 8/24/01 Plan Check Fee S36,709 Check 8/24/01 Inspection Fee $141,909 Credit for Early Grading Permit Inspection $2.000 Checks 8/1/0 &20/22/01 Remaining inspection Fee Due $130,909 s IOLA %L2,2109- Park In-Lieu Fee J 18 single family lot x $4,296 $77,328 oy z4x 35 R-2 units x $3,407 $119,245 r b&1 I 77 R-3 units x $3,407 $262,339 Total Parkin-Lieu Fee $458,912 Wastewater InSastructurv/Lift Station Fee First Single Family $11,254 Due with the first building permit for First R-2 unit $13,821 each classification. First R-3 units jkAL6 N/A Total Wastewater Infrastructure/Lift $55,481 Station Fee Water Impact Fee(Estimate) 18 single family lot x $7,059 $127,062 Due with each building permit at the 35 R-2 units x $5,648 $197,680 N/A rate in effect at the time of permit. 77 R-3 units x $5,64834�4A Total Water Impact Fee $759,638 Wastewater Impact Fee(Estimate) 18 single family lot x $2,795 $50,310 Due with each building permit in 35 R-2 units x $2,237 $78,295 N/A accordance with City regulations. 77 R-3 units x $2,237 $172,249 Total Wastewater Impact Fee. $300354 Transportation Impact Fee(Estimate) 18 single family lot x $1,433 $25,794 Due with each building permit in 35 R-2 units x $1,272 $44,520 N/A accordance with City regulations. 77 R-3 units x $1,272 $97,944 Total Transportation Impact Fee $142,464 Transportation Impact Fee Credit(Estimate) ($38,000) N/A Credits shall be applied to offset the Per Paragraph 5,Exhibit I Transportation Impact Fee at the time of building permits.In accordance with City regulations and as approved of the Public Works Director. Estimate Of Reimbursement to Tract 230 $183,000 Cash Equivalent PAJ DO' L' Per Paragraph 6,Exhibit 1 Mr Lem of redit 701{o�tf� � yyl�2 1 Based on estimates submitted 03/13/02. 2. Based on estimate submitted 08/1/02 3 All Impact Fees are adjusted annually(typically July 1)based on CPI(Jury 2001 fee is shown) LL 4 Based on estimates provided by John L.Wallace and Associates,and Franciscan Development(TR 2307)�JU 1 contingency and inflation factor added to the total. 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -.5 nn hh State of California ss. County of On 06—M MfXg-' beforeme, lbzne pq—x�— Date UMM.WTIU61fofficer(a .1arte Doe.Notary Publmw) personally appeared Nme(s)of gner(s) 5'0' ;�personally known to me satisfaciory 2' 'evtdenC2 to be the person whose name)Q is/ake 1� subscribed to the within instrument ane acknowledged to mehe/s)e/t+executed t h the same in hi 11/tRr authorized Lh KIZZY ESPARZA capacity(N, and tha by his/ /thX signaturek on the instrument the person(bk, or hSi r4otary public-Callf0mis the entity upon behalf of which the perso S - Luis obtape CounV acted, executed the instrument. WIYC4'-nmE*mFeb24.20W THE S!jhand and "sea[. W41 N WrLbk U OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document 490l Title or Type of Document: Abaa l Document Date: n Number of Pages: Signer(s)Other Than Named Above: Capacity{ Claimed Signer Signer's Name: a MUM op b Me 0 Individual 0!-tvrn 0 Corporate Officer—Tibe(s): 0 Partner—0 Limited 0 General 0 Attomey-in-Fact 0 Trustee 0 C�aardian or CorservEtor C .C11 Ly:'Other: • Signer Is Representing: L6 69��;�XLGIG kJ- C, `T ^ ' "N ice ®1999 Natmal Notary ASSo 1=-9350 De Solo Ave..P.O.Box 2402-Charaworlh.CA 91313-24a2l www.naoortatrwotaryorg Proa.No 5907 Reorder:Call Toll-Free 1-800-8766827 C6-14 Aft rn�nt ATTACHMENT 3 .. RESOLUTION NO.9169 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE TRACT 24019 SUBDIVIDING A 13.6- ACRE SITE INTO 54 RESIDENTIAL LOTS AND ONE OPEN SPACE PARCEL AT 11955 LOS OSOS VALLEY ROAD (TR/PD 87-00) WHEREAS,the Planning Commission conducted a public hearing on January 10, 2001 and recommended approval of Vesting Tentative Tract Map TR 87-00; and WHEREAS,the City Council conducted a public hearing on February 20 and April 3,2001 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 fords that the proposed subdivision is consistent with the General Plan,the Zoning Regulations,and other applicable City ordinances with approval of the requested Planned Development(PD)rezoning; and WHEREAS,the City Council has considered the project's Mitigated Negative Declaration for its adequacy in evaluating this request. NOW,THEREFORE,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 approved in conjunction with the project's Planned Development rezoning adequately addresses the potential significant environmental impacts of the proposed project All mitigation measures shall be applicable to this project. SECTION 2. Fes. That this Council, after consideration of the Vesting Tentative Tract Map TR 87-00 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. The site is physically suited for the type and density of development allowed in the R-1-PD, R2-PD,and R-3-PD zones.. 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 with incorporation of the recommended mitigation measures into the project. C6-1-J9169 1 I - ATTACHMENT 3 Resolution No. 91b9"k_ J1 Series) Page 2 of 2 SECTION 3. Awroval. The request for approval of Vesting Tentative Tract Map TR 87-00 is approved subject to the Council approval of the PD rezoning and Mitigated Negative Declaration for the DeVaul Ranch South Planned Development and the following phasing schedule,conditions and code requirements: (Growth Management Phasing Schedule) The project shall comply with the City Council approved residential growth management phasing schedule for Irish Hills South. (Tentative Map Conditions) The subdivider shall dedicate 69 feet of property adjacent to Los Osos Valley Road for public right-of-way purposes, to the satisfaction of the Director of Public Works. The proposed drainage easement shall be contiguous with the street dedication (not within the street right-of-way to be dedicated). The width of the easement depends on the alignment and whether a pipe system or open channel is constructed. Los Osos Valley Road shall be improved with a 2 meter wide detached sidewalk, within a 4.267m (14 feet) wide landscaped parkway, street pavement, raised median island, signing, striping, street lights, etc., to the satisfaction of the Director of Public Works. Said improvements shall align with the Los Osos Valley Road improvements required of Tentative Tract 2307(DeVaul Ranch). If the pavement requirements, along the Los Osos Valley Rd. frontage of this tract, are completed under another adjacent development project, the subdivider shall pay reimbursement for such work, as determined by the Public Works Director, prior to final map approval. Traffic lane transitions required by the City and/or County for such adjacent project shall not be subject to reimbursement. The final alignments and grades of all street improvements, water mains, sewer mains, storm drains and utilities are subject to minor adjustments,to the satisfaction of the Director of Public Works and City Utilities Engineer. All internal streets shall be improved with curbs; gutters & detached sidewalks, landscaped /1 parkways and bulb-outs(without speed tables), full width street pavement, signing,striping, i street lights, etc., in accordance with the approved conditions and tentative map for tract 2307,to the satisfaction of the Director of Public Works. Vehicular access rights along Los Osos Valley Road shall be dedicated to the City. . The subdivider shall dedicate a 2m-wide public utility easement across the frontage of each lot along internal streets and a 3 m-wide easement along Los Osos Valley Road, to the satisfaction of the Public Works Director. Said easements shall be adjacent to and contiguous with all public right-0f--way lines bordering each lot. C6-16 ATTACHMENT 3 Resolution No. 9169(2001 Series) Page 3 of 3 The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 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 or record shall detail this requirement in the public improvement plans, to the satisfaction of the Public Works Director. The subdivider shall install street lighting and all associated facilities (conduits, vaults, fusing, wiring, luminaries, etc.) per City standards, to the satisfaction of the Director of 'Public Works. Sewer lift station charges are required to be paid prior to recordation of the final map as determined by the Utilities Engineer. 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 Director of Public Works and Utilities Engineer. The subdivider shall place underground, all existing overhead utilities along the Los Osos Valley Road frontage,to the satisfaction of the Public Works Director and utility companies. If this underground work is completed by another developer, the subdivider shall reimburse such party for the pro-rata share of this work,prior to final map approval, to the satisfaction of the Public Works Director. Storm detention facilities are required. Detention basin and associated control facilities shall be privately owned and maintained by a"homeowners association". 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. 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. 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 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. C6-17 ATTACHMENT 3 Resolution No. 91w<<1--i Series) — Page 4 of 4 Prior to approval of the public improvement plans, the developer's engineer shall submit a digital copy of the public improvement plans to the Director of Public Works. The format shall be compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System(GIS)purposes. Prior to acceptance by the City of any public improvements, the developer's engineer shall submit a digital copy, in addition to the plan-set, of the revised `record drawing" public improvement plans to the Director of Public Works. The format shall be compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes. Pedestrian-Bicycle Connections to Adjoining Tract: Improvement plans for this project must demonstrate how non-motorized public access will be provided from the northwest ends of Streets`B"and"C'to similar cul-de-sacs that are part of the adjoining subdivision, Tract 2307(DeVaul Ranch)to the west. 1 Frontage Improvements and Delineation Plan: The location of the curb line along Los Osos Valley Road shall be set at its ultimate location, to the approval of the Public Works Director. A delineation plan shall be submitted that shows all modifications to lane striping and installation of medians within Los Osos Valley Road across this project's frontage. This delineation plan shall be coordinated with those for the approved subdivision to the northwest(DeVaul Ranch)and the commercial subdivision to the southeast(Froom Ranch), to the satisfaction of the Public Works Director. Traffic mitigation measures identified under Tentative Tract 2307 (DeVaul Ranch) shall be met and/or guaranteed under a subdivision agreement prior to recordation of the final map for this tract,to the satisfaction of the Public Works Director and Community Development Director. The applicant shall prepare and submit an Affordable.Housing Agreement for City review and approval per Section 17.19.110 of the Zoning Regulations. '`All traffic and pedestrian signage shall comply with international design standards. Street name signs shall comply with the newly adopted City standards. SFinal design and location of the emergency access to the Froom Ranch property shall be approved by the Public Works Director,Community Development Director and Fire Chief. (Code Requirements) Traffic impact fees are required to be paid prior to the issuance of a building permit. 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 C6-18 ATTACHMENT 3 Resolution No. 9169(1001 Series) Page 5 of 5 require.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. Final street tree selection shall be approved by the City Arborist and the Community Development.Director. Suitable street trees for the project include Melaleuca linariifolia, Quercus suber, Gleditsia triacanthos, Tipuana tipu, or Tristania conferta (no single species should constitute more than 50%of the total street tree population for this development). Upon development, a water allocation will be required,due to the additional demand on the City's water supplies. 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 number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees,at a rate of$150 per.bathroom retrofitted. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Currently, the Water Impact Fee is $6,827 per residential unit, and the Wastewater Impact Fee is$2,703. The owner's engineer shallsubmit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an offsite deficiency exists,the owner will be required to mitigate the deficiency as a part of the overall project. Currently, it is expected that a portion of the existing gravity sewer system will require improvement in order to accommodate the additional flows from this project. In addition,the project developer will be required to pay the project's fair share of the cost to provide additional capacity at the Water Reclamation Facility,the Laguna Lift Station,and possibly the Howard Johnson Lift Station,as well. Water and wastewater facilities shall be designed in accordance with the City's design and drafting standards. The tentative map shall indicate that the minimum design standards can be achieved,including 8"min. sewer mains at 0.5%minimum slope. The applicant shall pay park-in-lieu fees consistent with San Luis Obispo Municipal Code Section 16.40.080 SECTION 4. Effective Date. The resolution shall go into effect upon completion of the annexation of the property to the City of San Luis Obispo and Council approval of the Planned Development rezoning and Mitigated Negative Declaration. C6-19 Resolution No. 9Toso> �z, ASeries) ATTACHMENT 3 Page 6 of 6 Upon motion of Mayor Settle,seconded by Vice Mayor Ewan,and on the following roll call vote: AYES: Council Members Marx, Schwartz, Vice Mayor Ewan, and Mayor Settle NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 3`d day of April 2001. Mayor Allen Sett1C� ATTES Lee Price,City Clerk APPROVED AS TO FORM: G. org en, ty Attorney C6-20 2zcity o tt ach mevl-� ATTACHMENT 4 san Luis owspo FINAL MAP APPROVAL CHECKLIST PROJECT I TRACT 2401 TR/PD 81-00 DESCRIPTION A 54-Lot Residential Subdivision At 11955 Los Osos Valley Road: Obispo Estates(LOUR-SLO,LLC Subdivider PUBLIC IMPROVEMENT CONDITIONS # DESCRIPTION INITIAL DATE COMMENTS 1 GRADING Including planting&retaining walls RAL 04/22/02 Bonded/Under Construction 2 STORM DRAINS&DRAINAGE STRUCTURES RAL 04/22/02 Bonded 3 SEWERS&SERVICES RAL 04/22/02 Bonded 4 WATERLINES&SERVICES RAL 04/22/02 Bonded 5 FIRE HYDRANTS RAL 04/22/02 Bonded 6 STREET LIGHTS RAL 04/22/02 Bonded 7 CONCRETE Curbs and Gutters RAL 04/22/02 Bonded Sidewalks RAL 0422/02 Bonded Driveways RAL 0422/02 Bonded 8 STREETS&PAVING Pavement RAL 0422/02 Bonded Signing,striping and curb painting RAL 0422/02 Bonded 9 NON.CITY UTILITIES P.G.&E.—Electrical RAL 0422/02 Bonded Cable TV RAL 0422/02 Bonded Telephone Co RAL 0422/02 Bonded Gas Company RAL 04/22/02 Bonded 10 FEES RECEIVED ater..Sewer N/A N/A Due at time of Building Permit I I PUBLIC IMPROVEMENTS payments received RAL 08/24/01 Map and Plan Check and construction Inspection Fees Paid 0422/02 12 AGREEMENT CONDITIONS have been met RAL 0422/02 13 MONUMENTATION RAL 0422/02 Bonded 14 STREET TREES RAL 0422/02 Bonded 15 OFFS=WORK RAL 0422/02 Bonded 16 BOND/GUARANTEE deposited RAL 0422/02 Faithful Performance: $2,017,000 Labor&Materials: $1,008,500 Monument: $8;500 Public Art2 00 17 PARK dedication or in-lieu fees RAL 0422/02 Paid$458.912 ark-in4ieu fee 18 Other: Reimbursement Guarantee I RAL 0422/02 1 CD in the amount of$183,000 to guarantcc reimbursement OTHER CONDMONS 19 Planning Commission ?4f3G !�l 12.3 OZ 20 Architectural Review Commission 21 City Council QA FrC 2�O� 22 Abandonments_ N/A 23 Other: N/A COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL BY Y/L co Date PUBLIC WORKS DEPARTMENT APPROVAL BY z� Gy ate Atbtdment 5 i C y 9� 'b OVOY ra 7Yn Soso So? E" 0 • f �` a W X, , 5Y gig , a, 144 1- ist If ��� _ ¢ it '— � .lz, ;• 131 �. ��a ^..7 �1 6 ,J C6-22 RECORDING REQUESTED BY: LOVR-SLO, LLC WHEN RECORDED MAIL TO: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 FATCO Order No. SLO-63140 APN: Ptn 053-510-007 AFFORDABILITY AGREEMENT/DEED OF TRUST COVENANTS FOR TRACT 2401 /DEVAUL RANCH SOUTH THIS AGREEMENT(this"Agreement")is made and entered into as of this day of 2002, by and between the CITY OF SAN LUIS OBISPO, a charter municipal organization in the State of California(the"City")and LOVR-SLO, a California limited liability company ("Owner"), collectively referred to as "the parties." RECITALS A. On April 3, 2001, the City Council adopted Resolution No. 9169 (2001 Series), approving a 53-lot residential subdivision located on a portion of a 13.64 acre parcel of land located near the southerly corner of the intersection of Madonna Road and Los Osos Valley Road, in the City of San Luis Obispo, California, commonly described as the single-family lots behind the second multifamily property south of Madonna Road on the west side of Los Osos Valley Road, San Luis Obispo, California; and B. Pursuant to Section 3 of Council Resolution 9169, Tentative Map Conditions, paragraph 6 on page 4 requires the applicant (Owner herein) to provide affordable housing consistent with Policy 1._22.1 of the Housing Element and City's Inclusionary Housing Regulations (SLOMC Ch. 17.91); and C. The parties have agreed that the Owner shall construct and sell homes in conformance with the City's Affordable Housing Standards; and D. The City and Owner desire to assure that the affordable dwelling units subject C:\My Dmumena\Work\pDomaloads\10112959.WPD 1 C6-23 to this Agreement remain affordable to moderate income households for a period of at least thirty (30) years, and are more particularly described as follows:. Lots 8, 29, 30, 41, 42, 43 and 53 of Tract No. 2401, as per map recorded in Book . Pages to inclusive of Maps, in the office of the County Recorder of San Luis Obispo County, California. NOW, THEREFORE, the parties acknowledge and agree as follows:. I. DEFINITIONS A. "Effective Date" shall mean the date of the recordation of this Agreement in the Recorder's Office of the County of San Luis Obispo. B. "Eligible Households" mean the persons and households meeting the definition under the City's Housing Element and Affordable Housing Standards. C. "Houses" mean the duplex and single-family residential structures to be constructed on the Properties. D. "Moderate income"mean persons and households whose income does not exceed one hundred twenty percent (120%) of the County of San Luis Obispo area median income, adjusted for family size.,pursuant to the City of San Luis Obispo Affordable Housing Standards. E. "Properties" mean those seven (7) specific real properties in the Project described in Recital D hereinabove, and Exhibit A attached hereto, that are intended to be sold to and occupied exclusively by Eligible Persons or Households during the Term of this Agreement. F. "Property Term" means for each Property the thirty (30) year period commencing on the date of the recordation of the Deed executed by the Owner or its successors and assigns conveying the Property to the first Eligible Household. II. RESTRICTIONS A. During the Property Term for each Property,the House to be constructed on the Property shall be used exclusively for Owner-occupied housing purposes and shall be sold or transferred only to Eligible Households. For the initial sale of each Property to an Eligible Household, the sales price shall be determined at time of building occupancy release, in accordance with City of San Luis Obispo affordable housing standards. For subsequent sales of the Property,sales prices 2 C6-24 - t ( shall be based on and consistent with then current City affordable housing standards. B. The Deeds for the transfers of interests in the Property by the Owner or its successors in interest and all future Deeds for transfers of interests in the Properties by all subsequent owners of the Properties shall contain a covenant and restriction providing that during the Property Term for each Property there shall be no sale, lease, rental, or other transfer of the Property, except for the sale to an Eligible Household. Any sale, lease, rental, or other transfer of the Properties during their respective Property Terms in violation of this covenant shall be void. C. The Owner or its successors in interest agree to retain the services of the Housing Authority of the City of San Luis Obispo, or other qualified entity acceptable to the City, for screening potential buyers of the Properties to determine if they qualify as Eligible Households. D. These affordability requirements shall be covenants running with the land as defined in California Civil Code section 1460, and shall apply to the Properties. Pursuant to Civil Code section 1468, which governs such covenants, the provisions of this Agreement shall be binding upon all parties having any right, title, or interest in any of the Properties described herein, or any portion thereof and on their heirs, successors in interest and assigns for their respective Property Terms. E. When a Property is first sold to a buyer qualifying as an Eligible Household the buyer and City shall enter into an Affordable Housing Agreement which shall be recorded as an encumbrance on the Property, and secured by a recorded deed of trust. Said Agreement and deed of trust shall establish the monetary difference between the initial purchase price and the initial appraised value as a loan payable to the City. Said loan shall accrue interest, compounded annually, at an annual rate equal to four and one-half(4.5) points added to the Eleventh District Cost of Funds as currently published by the Federal Home Loan Bank Board, amortized over the Property Term, and the monthly payments of principal and interest shall be waived by the City as long as said buyer or subsequent buyers shall have been previously approved by the City Housing Authority or other entity approved by the City as an Eligible Household, continue to own and reside in the Property subject to the City loan as such buyer's principal residence. F. If a Property is sold, leased, or otherwise transferred to an entity, other than to an Eligible Household, in violation of this Agreement, the City's loan shall immediately become due and payable from the proceeds of the sale of the 3 C6-25 Property. "Proceeds of sale" shallmean the value of any and all consideration, however denominated, received or to be received by the seller from the sale of the Property after the payment of all outstanding indebtedness owed to the holder of the first priority deed of trust and after all normal and customary broker's,escrow,title and closing fees,costs and expenses in connection with the sale. G. The City or the Housing Authority of the City of San Luis Obispo shall have the first right of refusal to purchase the Property at its then current fair market value in accordance with the terms and conditions set forth in this Agreement. The consideration for the City's right of first refusal shall consist of one percent (1%)of the remaining City loan balance. The balance of the City loan remaining after deducting this one percent (1%) of the loan balance shall be credited toward the purchase price if the.City elects to exercise the right of first refusal. The provisions of this Section shall not impair the rights of a first priority mortgage lender secured by a recorded deed of trust. Said first priority purchase money lender shall be deemed to have a higher priority than the City's loan, irrespective of the time of recording. The City's security shall be prioritized as a second mortgage. This first priority applies to the purchase money lender's assignee and successors in interest, to: 1. Foreclose on the Property pursuant to the remedies permitted by law and written in a recorded contract, mortgage or deed of trust; or 2. Accept a Deed in Lieu of Foreclosure for the deed of trust or assignment to the extent of the value of the unpaid first mortgage to the current market value in the event of default by a trustor; or 3. Sell the Property to any person at a fair market value price subsequent to exercising its rights under the deed of trust. Any value in excess of the unpaid mortgage and costs of sale administration shall be used to satisfy the City loan. In no case may a first mortgage lender,exercising foreclosure or by accepting a deed in lieu of foreclosure or sale, obtain value or rights to value greater than the value of the outstanding indebtedness on the first mortgage at the time of the debt clearing action. H. In addition, the following types of transfers shall remain subject to the requirements of the City's loan and right of first refusal: transfer by gift, devise, or inheritance to the Owners spouse; transfer to a surviving joint tenant; transfer to a spouse as part of divorce or dissolution proceedings; or acquisition in conjunction with a marriage. 4 C6-26 - cti M rnf �o I. For purposes of determining the amount of the City's loan and the purchase price of the Property for the City's right of first refusal, the fair market value of a Property shall be determined as follows: 1. The then current Owner of the Property and the City shall attempt to agree on the fair market value of the Property. If the parties agree upon the fair market value, during the Agreement Period, the fair market value of the Property for purposes of determining the amount of the City's loan or the purchase price payable for the purchase of the Property pursuant to the right of first refusal shall be the agreed upon fair market value. If the parties are unable to agree upon the fair market value, they shall jointly select an independent MAI appraiser ("Qualified Appraiser") with at least five (5) years full time real estate -appraisal experience for residential properties comparable to the Property in San Luis Obispo County, to appraise and set the fair market value. The parties shall share equally the fees, costs and expenses of said Qualified Appraiser. 2. If the parties fail to agree on the selection of a Qualified Appraiser within ten (10) days of notice to City ("Initial Appraiser Selection Period"), each party shall select their own Qualified Appraiser within ten (10) days following the Initial Appraiser Selection Period and the two Qualified. Appraisers shall determine and attempt to agree upon the fair market value within fifteen (15) days following the Initial Appraiser Selection Period ("Initial Appraisal Period"). Each party shall bear the expenses of their own Qualified Appraiser. In the event that either party fails to designate a Qualified.Appraiser within five (5) days following the expiration of the Initial Appraiser Selection Period and after written notice has been provided to the parties, then the determination of the fair market value by the Qualified Appraiser selected by the other party shall be final and binding upon the parties. If the two Qualified Appraisers are able to agree as to the fair market value of the Property within the Initial Appraisal Period, then the fair market value of the Property for purposes of determining the purchase price payable for the Property pursuant to the City's right of first refusal shall be shall be the determined by the two Qualified Appraisers. 3. If the two Qualified Appraisers are unable to agree on the fair market value of the Property within the Initial Appraisal Period, 5 C6-27 eox-11-t then said Qualified Appraisers shall, within five (5) days of the expiration of the Initial Appraisal Period, designate a third Qualified Appraiser. If a third Qualified Appraiser is appointed, then the fees and costs of the third appraiser shall be borne equally by the then current owner of the Property and prospective buyer. The third Qualified Appraiser shall determine the fair market value of the Property within the ten (10)-day period following his or her appointment ("Final Appraisal Period"). The fair market value of the Property for purposes of determining the purchase price payable for the purchase of the Property pursuant to the City's right of first refusal shall be as follows: If the highest appraised fair market value is more than one hundred five percent (105%)of the middle appraised fair market value,then the highest appraised fair market value shall be disregarded. If the lowest appraised fair market value is less than ninety-five percent (95%) of the middle appraised fair market value, then the lowest appraised fair market value shall be disregarded. If there is then only one remaining appraised fair market value, that fair market value shall be the fair market value of the Property for purposes of determining the purchase price payable for the purchase of the Property pursuant to the City's right of first refusal. If there is then more than one remaining appraised fair market value, the remaining appraised fair market value shall be averaged,and the fair market value of the Property for purposes of determining the purchase price payable for the purchase of the Property pursuant to the City's right of first refusal shall be the average of such appraised fair market values. III. TIMING A. In the event the Owner has not completed the construction of the Houses and received a final building inspection on all Houses within two (2)years from the Effective Date, the Ownership and control of the Properties shall revert to the City. Extensions of this period of time may be granted at the discretion of the City if the Owner has demonstrated just cause and a "good faith" effort to develop the Properties. IV. GENERAL A. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto: 6 C6-28 If to the City: City of San Luis Obispo Community Development Director 990 Palm Street San Luis Obispo, CA 93401-3249 If to the Owner: LOVR-SLO, LLC Attn: Robert J.S. Fowler R.W. Hertel & Sons, Inc. 5200 Telegraph Road Ventura, CA 93003-4114 With a copy to: Nordman, Cormany, Hair & Compton Attn: Paul W. Kurzeka, Esq. 1000 Town Center Drive, 6th Floor Oxnard, CA 93031-1132 B. The Owner hereby specifically acknowledges and agrees to be bound by the covenants and restrictions contained herein respecting affordability on the Properties. C. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, this Agreement has been duly executed by the undersigned as of the date set forth below. Dated: Z 2002 LOVR-SLO, LLC, a California limited liability company Bys R.W. Hertel & Sons, Inc., a California corporation, Manager By. Ronald W. Herte ; President By Robert . Fowler, Vice President 7 C6-29 A J CITY: Ken Hampian, City Administrative Officer APPROVED AS TO FORM AND LEGAL FECT: ?1WG/orfsef, City Attorney STATE OF CALIFORNIA ) COUNTY OF VENTURA ) On 4?e 42 2002, before me, Carol J. Laufer, Notary Public, personally appeared RONALD W.HERTEL and ROBERT J.S.FOWLER,personally known to me ( d to me on the b asi—s ^a s t;orterzy,.�,;a,.ae ) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. cnaoL I Cwut Ccmmisslan#1260131 vent=Comm 1 1�►Com__m:�aSAR9.1®4 Carl J. Laufer, Notary Public 8 C6-30 STATE OF CALIFORNIA . ) COUNTY OF SAN LUIS OBISPO ) On 2002,before me, , Notary Public, personally appeared KEN HAMPIAN, City Administrative Officer,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 9 C6-31 aA)6(- A EXHIBIT A DESCRIPTION OF "PROPERTIES" TRACT 2401 The properties listed below and located in Tract 2401 are to comply with and be subject to the affordable covenants for the tract. RESIDENTIAL STREET LOT TYPE 1. Farrier Lane 8 Single Family 2. Single Tree Lane 41 Single Family 3. DeVaul Ranch Road 29 Single Family/Attached 4. DeVaul Ranch Road 30 Single Family/Attached 5. Tonin Drive 42 Single Family/Attached 6. Tonin Drive 43 Single Family/Attached 7. Tonini Drive 53 Single Family/Attached See the attached lot and street map for reference. C6-32 20 1 19 1 � 21 i 1 22 O FARRIER COO'R� 1 A ' 23 I 24 c 25 i) 12 11 10 9 8 7 i cl : i 27 13 14 15 16 17 18 I 28 1 1 1 29 — -- - _ a/RaLErREe o , 1 1 30 1 � 31 32 33 34 35 36 37 38 39 40 41 i 42 53 52 51 50 49 48 47 46 45 44 43 - 1 _ /oR/R/ ORI YE - 1 1 1 I I , ' 54 1 i i 1 i � 1 I 1 i I I 1 , LOS OSOS YALLEY ROAD C6-33 �' � chw�err 7 RECORDING REQUESTED BY LOVR-SLO,LLC AND WHEN RECORDED MAIL TO: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401-3249 FATCO Order No. SLO-63140 APN: Ptn 053-510-007 AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LOVR-SLO, LLC, TO PROVIDE AFFORDABLE RENTAL HOUSING LOCATED AT LOS OSOS VALLEY ROAD THIS AGREEMENT TO PROVIDE AFFORDABLE RENTAL HOUSING ("Agreement") is made and entered into as of this day of __ 2002, by and between, LOVR-SLO, LLC, a California limited liability company(herein referred to as"Owner"), and the CITY OF SAN LUIS OBISPO, a charter municipal organization in the State of California (hereinafter referred to as "City") hereinafter collectively referred to as "Parties". RECITALS: A. Owner is the owner of that certain real property located at Lot 54, Tract 2401 ("Property") in the City and County of San Luis Obispo, California, commonly described as the second multi-family property south of Madonna Road on the west side of Los Osos Valley Road, San Luis Obispo, California. B. Owner has received development approval.for a seventy-seven(77) unit apartment project ("Project"). C. As a condition of City's planned development approval(City File No. 87-00), Owner is required to provide thirteen(13)rental housing units("Units")intended to be affordable to low- and moderate income households, pursuant to the City's Affordable Housing Standards. C6-34 ::OD.MA\WORLDOX\H:\WDOCS\10688\126\AGT\10112952.WPD D. Prior to issuing Building Permits for the Project, City requires this Affordable Housing Agreement to be executed by the parties to establish the terms and conditions under which the required affordable rental housing units will be provided. NOW, THEREFORE, in consideration of mutual covenants, conditions, promises and agreements herein set forth, the parties agree as follows: 1. Affordable Rental Housing Provided. Owner agrees to construct and make available thirteen(13) affordable rental apartment units on the Property in compliance with the Conditions of City Approval, Planned Development Rezoning PD 87-00 during the term of this Agreement. Owner agrees to provide seven (7) Units ("Low Income Units") that meet the City's affordability standard for "low-income households," and six (6) of the Units ("Moderate Income Units") that meet the City's affordability standards for "moderate-income households," as described in Exhibit A attached hereto. 2. Location and Design of Affordable Units. The location and design of the Low Income Units and the Moderate Income Units shall be as shown on Exhibit A. Units shall be comparable in design and amenities to similarly sized market rate apartments in the Project. 3. Affordable Housing Use and Renter Eligibility. During the. Term by this Agreement, the Units shall be used exclusively for rental housing. The Low Income Units shall be rented only to persons or households eligible under the low income standards in the City's .Affordable Housing Standards, as determined from time to time by the City's Community Development Director or the City's Housing Authority, and the Moderate Income Units shall be rented only to persons eligible under the moderate income standards in the City's Affordable Housing Standards, as determined from time to time by the City's Community Development Director or the City's Housing Authority, following said standards. The mix of affordable income units shall not change during the term of this Agreement, unless the City's Community Development Director determines such a change meets or exceeds the affordable housing requirement established by the City. 4. Recording Guarantee Affordability. Owner understands and agrees to record this Agreement against the Property to assure the continued use of the Units for rental housing for low and moderate income persons during the Term described in Section 6 below. This _ C6-35 :O 86 DMA\WORLDOX\H:\WDOCS\106 \l26\AGT\10112952.WPD -2 J Agreement shall be recorded prior to occupancy of the Project and shall run with the land and shall apply to all subsequent owners, successors and assigns of Owner. 5. Rental Cost. Owner understands and agrees that during the Term, monthly rental costs for the Units shall not exceed the maximum allowed rental costs specified in the City's Affordable Housing Standards for the specified income level, including a reasonable allowance for utilities paid directly by tenant, as specified in the standards. Rental costs may be increased or, where necessary, shall be decreased to reflect changes to the Affordable Housing Standards, updated periodically by the City, in accordance with the provisions of the City's"2002 Affordable Housing Standards," which were the basis of this Agreement. 6. Term. The term of this Agreement shall commence upon the date of recording this Agreement ("Effective Date") and shall automatically terminate thirty (30) years thereafter ("Term"). 7. Compliance with Affordability Agreement. Failure to comply with the terms this Agreement shall constitute a breach of the requirements of City Planned Development City File No. 87-00 and may result in City initiating action to amend or revoke said Permit approval or to modify or terminate the Affordable Rental Housing Agreement and uses allowed under the Permit until the terms of this Agreement have been met, subject .to the approval of the Community Development Director. 8. Employment Status. Nothing in this Agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship between City and Owner. Neither Owner nor any of its agents or employees shall be considered to be agents or employees of City in connection with the performance of the obligations under this Agreement. 9. Inspections. City reserves the right to inspect the Project and Property upon not less than three (3) business days' prior written notice to the Owner to ensure that the Project is being maintained, operated, and used as required herein and as shown in Exhibit A, consistent with applicable federal, state and local laws. Owner agrees to correct all conditions found by such inspections not to conform to the applicable requirements within ninety (90) days of written notice, or if more time is required for such correction, Owner may request additional time for correction so long as Owner commences the correction within the ninety (90) day period and thereafter diligently proceeds to complete such correction, subject to approval of the time C6-36 ::ODMA\WORLDO%\H:\WDOCS\10688\126\AGT\10112952.WPD -3- extension by City's Community Development Director. Failure to correct such conditions within the cure period specified above may result in City initiating action to amend or revoke City Planned Development Permit 87-00, or to modify or terminate uses until the conditions are corrected. 10. Reporting. Owner shall report to the City Community Development Director annually, on or before July 31st of each year or at such other interval as mutually agreed by the parties, to enable the City to verify the Property is being used for eligible activities and complies with the terms of this Agreement. As a minimum, information to be submitted includes: a. Tenants'income characteristics for all affordable units, number of occupants, length of residency, rental cost of comparable market-rate units on the Property, and such other pertinent information documenting tenant eligibility and affordability of dwelling units; b. Certification by the Housing Authority of the City of San Luis Obispo or a qualified non-profit agency that the Property is being operated to provide housing benefits for eligible low and moderate persons, consistent with this Agreement; and C. The Unit number used for identification purposes shall be included in first annual report and all subsequent reports. 11. Entire Agreement and Modification. This Agreement sets forth the entire understanding of the parties regarding the matter set forth herein. Any other prior or existing understandings or agreements by the parties,whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. This Agreement may be amended at any time by mutual written agreement of the parties, subject to City Community Development Director approval, consistent with the conditions of use permit approval or as otherwise modified by Planning Commission or City Council approval. Owner specifically acknowledges that in entering into and executing this Agreement, it relies solely upon the provisions contained in this Agreement and no others. 12. Laws and Regulations. Owner agrees that it is familiar with and shall comply with all local and State laws and regulations that pertain to construction, health and safety, labor, fair housing practices, equal and affordable rental housing. 13. Law and Governing Venue. This Agreement shall be executed and performed in the State of California, and the validity, enforceability and interpretation of any provision of this C6-37 ::onMn\WORLDOX\H:\wnocs\10688\126\AGT\101 12e52.WPD -4- Agreement shall be determined and governed by the law of the State of California. San Luis Obispo County shall be the venue for any action or proceeding that may be brought, or arise out of, or in connection with this Agreement. 14. 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. 15. Agreement Binding. All provisions of this Agreement shall be binding on the parties and their assigns and successors in interest. 16. Waivers. City's waiver or breach of any term, covenant or other provision of this Agreement shall not be a waiver of a subsequent breach of the same term; covenantor provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 17. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States Mail, first class, postage prepaid, to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Attention:Community Development Director Notices required to be given to the Owner shall be addressed as follows: LOVR-SLO, LLC c/o R.W. Hertel & Sons, Inc. 5200 Telegraph Road Ventura, CA 93003-4114 Attention: Robert J.S. Fowler With a copy to: Nordman, Cormany, Hair & Compton 1000 Town Center Drive, Sixth Floor Oxnard, CA 93030-1132 Attn: Paul W. Kurzeka, Esq. C6-38 :ODMA\WOALDOX\H:\WDOCS\10688\126\AGT\10112952.WPD -5 A#Ac4 ne„f -7 18. Counterparts. This Agreement may executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. OWNER: LOVR-SLO, LLC, a California limited liability company By: R.W. Hertel & Sons, Inc. a California corporation, Manager By: o . e e , President Robert . Fowler, Vice President CITY By: Ken Hampian, City Administrative Officer APPROVED AS TO FORM AND LEGAL EFFECT: G. or se City Attorney ATTEST: Lee Price, City Clerk _ C6-39 ::ODMA\WORLDOR\H:\WDOCS\10888\126\AGT\10112952.WPD -6 STATE OF CALIFORNIA ) COUNTY.OF VENTURA ) On 2002, before me, Carol J. Laufer; Notary Public, personally appeared RONALD_ W. HERTEL and ROBERT J. S. FOWLER, personally known to me (oma -me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. GROG J. MFM commission#i2M131 Notary Mj6d-CaUenft lbntura County (_,a,G��,�QQ�•�cc,�.e�./ Mrcamm.r�Mas�o►9.2�t Carol J. Laufer, Notary ublic STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On 2002, before me, City Clerk Lee Price, personally appeared KEN HAMPIAN, City Administrative Officer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Lee Price, CMC City Clerk C6-40 ::0DMA\W0RLD0X\H:\WD0CS\10668\126\AGT\10112952.WPD -7- - A EXHIBIT A* Location/Design of Affordable Rental Units and Project Description PLAN NO. SQ. FT. AREA FLOOR DESIGNATION Low Income Low Income Low Income Low Income Low Income Low Income Low Income Moderate Income Moderate Income Moderate Income Moderate Income Moderate Income Moderate Income Low Income Units 7 Moderate Income Units 6 In no event shall there be less than one (1):affordable rental Unit per building in the Project. Further, of thirteen (13) affordable units, not more than seven (7) shall be located on either the ground level or upper level. * This table shall be completed, and a site/floor plan submitted, to the approval of the Community Development Director, prior to occupancy of any units. C6-41 ::0DMA\W0RLD04\H:\WD0CS\10688\126\AGT\10112952.WPD -8-