HomeMy WebLinkAbout05/21/2002, C6 - FINAL MAP APPROVAL FOR TRACT 2401, A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD I -
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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1 22 O FARRIER COO'R� 1
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23
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27 13 14 15 16 17 18 I
28
1 1
1 29 — -- -
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1 30
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� 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 -
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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.
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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
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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
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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
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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.
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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
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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
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- 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.
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