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HomeMy WebLinkAbout08/20/2002, C11 - A. FINAL MAP APPROVAL FOR TRACT 2402 - A ONE LOT, EIGHTEEN UNIT COMMON INTEREST (CONDOMINIUM) SUBDI i council "k`°"`°"` 8/20/2002 a Enda uE oat twN C I TY OF S AN L U IS O 9 I 'S 019 FROM: Michael D. McCluskey, Director of Public Wor OJ O MA Via: Jerry Kenny, Supervising Civil Engineer Prepared By: Robert Livick,Principal Civil En eer+ SUBJECT: A. FINAL MAP APPROVAL FOR TRACT 2402 — A ONE LOT, EIGHTEEN UNIT COMMON INTEREST (CONDOMINIUM) SUBDMSION AT 3051 AUGUSTA STREET-AUGUSTA STREET PARTNERS, SUBDIVIDER. B. CONSIDERATION OF GRANTING AN EASEMENT FOR PRIVATE SANITARY SEWER PURPOSES BY THE CITY. CAO RECOMMENDATION Adopt resolution (Attachment 2) approving the final map for Tract 2402 and authorizing the Mayor to execute the subdivision agreement, and deed of easement for a private sewer across City property.. DISCUSSION A tentative map for Tract 2402 (Planning.Application # TR/ER 115-00) was approved on October 169 2001 per Resolution No. 9142 (2001 Series) (Attachment 3) to provide a one (1) lot, eighteen (18)unit common interest subdivision(Condominium)project. Improvement plans for installation of both public and private infrastructure have been approved by the Public Works, Utilities, Fire and Community Development Departments. These improvements include the standard street and frontage improvements on Augusta Street. The project also includes construction of a private drive, including a private storm drain,private sewer main and a public Water main and typical water service laterals, within a public utility easement. Typical onsite utilities will also be installed to meet City and utility company standards. Additionally the project includes construction of a widened driveway and associated easement for improved access into Fire Station#3 from Augusta Street. The cost of the work to be performed by the developer on behalf of the City is to be paid by the City under the terms of a Letter of Understanding(Attachment 4). Covenants, conditions and restrictions (CC&Rs) have been approved by the Community Development Director and City Attorney and will be recorded along with the final map. Other documents, including a "common driveway easement agreement" for common maintenance of the driveway by the respective lot owners and the Condominium Plan will be recorded along with the Council Agenda Report-Fludl Map Approval Tract 2402 J Paae 2 final map. The City's Municipal code requires projects to provide affordable housing consistent with Policy 1.22.1 of the Housing element. The subdivider has prepared an Agreement to Provide Affordable Housing, and will pay "In Lieu Fees" in order to comply with the affordability provisions of the Housing Element.. Community Development staff has reviewed and approved the document relating to affordable housing. The subdivider has submitted required surety bonds to guarantee installation of the required subdivision improvements and has paid the required fees, as prescribed in the attached subdivision agreement (Attachment 2, Exhibit A), to allow recordation of the final map. The final map has, therefore,been found to be in substantial conformance with the approved tentative map and all conditions related to the map have been met and/or guaranteed. Off-Site Easements The project design necessitated and a condition of the tentative map required off-site easements to accommodate private domestic sewage and storm drainage from the southeasterly comer of the development to Laurel Lane across two adjacent properties. The developer was successful in negotiating an easement from one of the adjacent property owners, but has been unable to successfully negotiate with the property owner at 1248 Laurel Lane. The"Subdivision Map Act" (SMA) [Government Code Section 66462.5] specifically states that... "Approval of a final map cannot be refused because of offsite improvement requirements on land not belonging to subdivision or local agency". It further provides that the agency must acquire the necessary right-of-way by negotiation or commence eminent domain proceedings within 120 days of approval of the final map. Failure to acquire this right-of-way through negotiation or filing of eminent domain proceedings within the 120-day timeframe would automatically"waive"the requirement. Since the condition for sewage disposal cannot be waived,the City would need to commence with the condemnation procedures described above or an alternative solution needs to be provided. Alternative Easement The developer has proposed an alternative to the original sanitary sewer location, that being along the southerly property line for Fire Station #3 (aka the Laurel Lane Community Garden) extending to the City sewer main in Laurel Lane. The proposed easement is 3.048 meters wide by approximately 31 meters (10 feet x 102 feet). The developer has proposed to compensate the City for the easement by constructing the Fire Station#3 improvements(at no cost to the City),valued at approximately$14,000, identified in the Letter of Understanding dated June 15, 2002 (Attachment 4) and by making a $3,000 cash donation to the City for future Parks and Recreation needs. The developer has proposed to construct the sewer lateral through the easement using a subsurface construction method (boring), thereby minimizing disruption to the community gardeners. These are agreeable to the Fire, Parks&Recreation and Public Works Departments(Attachment 4). The improvement plans have been modified accordingly. This alternative will eliminate the otherwise necessary action by the city (on behalf of the subdivider) to negotiate the original L' lI - Z Council Agenda Report-1~,,,.1 Map Approval -Traci 2402 Page 3 easement and possibly filing of eminent domain procedures. If the Council does not approve the requested easement, then the subdivider must enter into an agreement with the city and post sufficient funds for this purpose(to the satisfaction of the City Attorney)to pursue such procedures, prior to recordation of the final map. 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 conformance with the approved tentative map. Therefore, this tract has met all City regulations and no further discretionary approvals are required. CONCURRENCES The Community Development Director, Fire Chief, Utilities Director, Parks and Recreation Director and City Attorney concur with the recommended action. FISCAL IMPACT Typical maintenance and operation of public facilities will be required for water main, fire hydrants and sidewalk improvements,upon completion and acceptance of the work. Approval of the sanitary sewer easement by the City will result in a cost savings to the City for the proposed improvements for Fire Station #3 (approximately $14,000) and will result in a $3,000 contribution to Parks& Recreation fund for future improvements. The easement would result in an encumbrance on the property that could possibly result in a slight reduction in value, should the City ever decide to sell a portion of the Fire Station/Comrimunity Garden property. ALTERNATIVES A. Deny approval of the final map if the Council finds that conditions have not been satisfactorily met. B. Deny approval of the private easement on the City-owned lot and pursue eminent domain (condemnation)proceedings for the originally proposed easement,as shown on the tentative. map, pursuant to the applicable provisions of the California Govemment Code (Subdivision Map Act). An agreement and funds would be required (as noted in this report), to the satisfaction of the City Attorney and City Administrative Officer, prior to recordation of the final map. Attachments: 1 -Map 2-Draft resolution and subdivision agreement 3 -Resolution No. 9192 (2001 Series) 4—Memo from Fire Chief, dated July 26,2002 and associated documents 5 -Final Map Checklist I1\Council Agenda Reports\Final Map Approval Report for Tract 2402 Co// —2• ATTACHMENT 1 TRACT 2402 ,y • 5 A Z " ✓. E� P• A ECT SITE , /I- 3 1 \1 ATTACHMENT. 1 / N h °l= � a' o qsh 0 3 2. « iip, . F _ • � ``V �e$� 0 $a o •�'o Y o 0 L OI U ^O J 0 Ji tT2 i 1221 37 Q ^ o • 0 F .. t A , M1� _ L SS71NI1 ( 171J5v a1^ I I 1 s C r3r13• I o N 90 i IL Ts3 nllE 13115. pppp $i$ r! 5571N71•C 1Sll4n IO • to •Cx¢a �� Ij\\yl 4 a l9 '• \ O lilt" 1 Ap s5T1O7YC iLlb rl R I I e i I I I I y I e I � a w a. — ' 35)14110•C r3rlr i SST119Y[ I311]n S W CC 4ci 4�O d ? LO n = 3 a c N,Sn1w N 1535r• M m4br N fwft I3v :g NS?ldm v 10 x� Ix •• 'L u� OHO G ° syr ti .a 2 E .Swl]S5T 11r$li®n R • y h 2" ° _o Q j N a- PARCEL 1 DOG.1O9&-O66tW ��K�S Nb C�11-L/ ATTACHMENT 2 RESOLUTION NO. (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EASEMENT FOR PRIVATE SANITARY SEWER PURPOSES AND APPROVING THE FINAL MAP FOR TRACT NO. 2402 WHEREAS, the City Council made certain findings concerning vesting tentative Tract 2402,as prescribed in Resolution No.9242 (2001 Series), and WHEREAS, the subdivider has submitted surety bonds in the total amounts of$279,000 (Faithful Performance) and $139,500 (Labor & Materials) to guarantee installation of the required subdivision improvements shown on the 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 private utilities and common areas, and WHEREAS, the subdivider has made an unsuccessful "good faith effort" to acquire one of the required off-site easements and has offered to compensate the City for a private sanitary sewer easement across the adjacent City-owned property (Fire Station 3), in the approximate total amount of$17,000, as shown in the attached"Exhibit A", and WHEREAS, in-lieu of the City having to proceed with eminent domain (condemnation) procedures identified in the California Government Code (Subdivision Map Act), the Council has determined that such a sewer easement across City property would be an acceptable alternative, and WHEREAS, all other conditions required per said Resolution No. 9242 (2001 Series) have been met or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2402 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 attached Subdivision Agreement and sanitary sewer easement deed to Augusta Street Partners, a California Limited Partnership ("Exhibit B"), for the benefit of the subdivision. On motion of seconded by And on the following roll call vote: AYES: NOES: ABSENT: C'Il-s Resolution No. (206_ emeries) ATTACHMENT 2 Page Two the foregoing Resolution was passed and adopted this day of , 2002. MAYOR Allen K. Settle ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: qjo,�G � fl-Wg-'I"A ORNEYoV G.Jorgensen I:\Council Agenda Reports\Final Map Resolution for Tract 2402 Exhibit A SUBDIVISION AGREEMENT TRACT 2402 THIS AGREEMENT is dated this day of 2002 by and between Augusta Street Partners, a California limited partnership, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 2402, City of San Luis Obispo, California, as approved by the City Council on the day of 2002. The Subdivider desires that said Tract No. 2402 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agrees to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree.to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit:. 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including_ sewer laterals to the property Line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. STREET LIGHTING 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY&ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed - by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In-this connection, the surety waives the provisions of Section 2819 of the.Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council and has paid, 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 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 hundred seventy nine thousand dollars ($ 279,000) 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 arisingwithin a period of one year following the completion and acceptance thereof. - Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and E,ch�bIt A 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. 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 hundred thirty nine thousand five hundred dollars ($139,500) 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 twenty four thousand seven hundred ninety six dollars($24,796) 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.obligabons 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. �/I-10 IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO -SUBDIVIDER Augusta Street Partners, a California li ' ed partnership hi MAYOR Allen K. Settle JohlWilson, President J.W Wilson Development Corporation ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: TT R ey G. Jorgensen C!I-ll EXHIBIT 1 TRACT 2402 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $2,000 for "Monument Bond" to cover the installation of survey monuments in accordance with the approved map and payment for same. This guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer/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. 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. 4. Transportation impact fees shall be paid at time of building permits through the Community Development Department,Building Division, in accordance with City Regulations. 5. The subdivider shall comply with all requirements of Council Resolution No 9242 (2001) approving the tentative map. 6. * The subdivider shall compensate the City of San Luis Obispo for the private sewer easement across City owned property in the amount identified in Exhibit 2. SII-12 EXHIBIT 2 TRACT 2402 -FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Faithful Performance $279,000 Bond 7/17/02 Labor& Materials (50%of total cost $139,500 Bond 7/17/02 of improvements Monument Guarantee $2,000 CD or Letter of Credit Fees: Map Check Fee $5,091 Check 8/24/01 Plan Check Fee $36,709 Check 8/24/01 Inspection Fee $24,796 Check 4/16/02. Park In-Lieu Fee 18 units x $3,462/multifamily du $62,316 Check 8/8/02 Water Impact Fee(Estimate ) Due with each building 18 units x $5,648 $101,664 N/A permit at the rate in effect at the time of permit. Wastewater Impact Fee(Estimate) Due with each building 18 units x $2,237 $40,266 N/A permit in accordance with City regulations. Transportation Impact Fee(Estimate) Due with each building 18 units x $1,272 $22,896 N/A permit in accordance with City regulations. *Compensation for Easement across City $3,000 Check 8/8/02 Property(Fire Station#3) $14,000 N/A Approximate value of improvements to Fire Station #3 identified in Letter of Agreement dated June 15,2002 Affordable Housing Requirements Dedication of a Rental Housing Unit and payment of In-Lieu-Fee in accordance with City Regulations. 1 Based on estimates submitted 11/21/01,and the application of an increase of 5%for inflation and 15%for contingencies. 2 All Impact Fees are adjusted annually(typically July 1)based on CPI(July 2001 fee is shown) C�1-13 y - I I EXHIBIT B Recording Requested by and when recorded,return to: John L. Wallace&Associates ATTN.: Brad Brechwald, RCE 4115 Broad Street San Luis Obispo, CA 93401 DEED OF EASEMENT APN 004-982-021 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Luis Obispo, a chartered Municipal Corporation, hereby GRANTS to Augusta Street Partners, a California Limited Partnership, as GRANTEE,an irrevocable easement for private sanitary sewer line purposes over a portion of that certain property described in Document No.: 65949, recorded on September 28, 1989, in Book 3389, Page 922 of Official Records in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo, State of California described as follows: LEGAL DESCRIPTION j0 Being the southerly 3.048 meters( 10.00 feet)of said property. END DESCRIPTION No. 6192 Q. QF CALF �/OZ IN WITNESS WHEREOF, GRANTOR hereunto caused its/their name(s)to be subscribed this_ day of ' 2002 By: Mayor Allen K. Settle ATTACHMENT 3 's P RESOLUTION NO. 9242 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE MAP FOR AN 18- UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AND MITIGATED NEGATIVE DECLARATION FOR A PROJECT LOCATED AT 3051 AUGUSTA STREET, (TR, ER 115-00). f , �T¢14LT 2y D'Z� i e WHEREAS, the City Council conducted a public hearing on October 16, 2001, and has considered testimony of the applicant; interested parties, and the evaluation and recommendation a of staff;and f WHEREAS, the Planning Commission conducted a public hearing on August 8, 2001, for the purpose of formulating a recommendation to the City Council and has considered the testimony of the applicant, interested parties, and the evaluation and recommendation of staff, and has recommended approval of the proposed vesting tentative map; and WHEREAS, the City Council finds that the project is consistent with the State Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City ordinances; and WHEREAS, the City Council has determined that the Mitigated Negative Declaration of Environmental Impact for the project includes mitigation measures and monitoring to reduce all potentially significant environmental effects of the project to less than significant levels. NOW,THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings That this Council, after consideration of the proposed.project (TR, ER 115-00), and the recommendation of the Planning Commission, staff recommendations and reports thereof, makes the following findings: 1. The proposed map is consistent with the General Plan because the subdivision will allow for high-density residential development. 2. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan because each dwellings has access to a compact, private open space area and the development will occur as part of the neighborhood pattern. 3. The site is physically suited for the proposed type of development because it is an undeveloped, un-vegetated site that is adjacent to an existing street right-of-way. 4. As conditioned, the site is physically suitable for the proposed density of development R 9242 Cl�—�rJ `-J ATTACHMENT 3' Ar Resolution No. 9242 (2001 Series) Page 2 because the site is within an existing City block, services are available to serve the development, and a storm drain system is proposed to insure that additional runoff from the project will be collected and disposed of per City standards. 5. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potential habitat areas for fish or wildlife. 6. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development will be designed to meet existing building and safety codes. 7. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 8. The proposed decks will not impact solar access for adjacent properties because the decks are located on the northern side of the adjacent senior care facility. 9. There is adequate separation of structures on adjacent lots because the closest structures on the adjacent senior care facility property are set back 20 feet from the property line and additional development is this area is not likely. 10. The Mitigated Negative Declaration for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures and monitoring programs are provided to reduce these impacts to less than significant levels. SECTION 2. Environmental Review. The City does hereby adopt a Mitigated Negative Declaration for the project, with the following mitigation measures and monitoring programs. 1. The Conditions, Covenants and Restrictions (CC&Rs) for the project shall include a provision to notify property owners within the project that nuisance noise levels may be experienced due to the normal operations of the Fire Department, to the approval of the Community Development Director and the Fire Marshall. Monitoring Program: The mitigation measure will be monitored through the Final Map plan check process. CC&R's are required to lie approved for the project by the City Attorney, Public Works Director and Community Development Director. This review will provide an adequate opportunity for City staff to insure compliance with the requirement. 2. Plans submitted fora building permit application shall include construction measures for attenuation of interior noise levels based on the recommendations of a qualified noise consultant. Since there is no noise standard in the General Plan for sound generated by the operation of emergency vehicle equipment, and since the Fire Department is exempt C!l- lb - - ATTACHMENT 3 Resolution No. 9242 (2001 Series) Page 3 from the standards contained in the Noise Ordinance, the noise consultant should,base his or her recommendations on a reasonable level of sound attenuation given the characteristics of the noise. The recommendations of the noise consultant shall be reviewed and approved by the Community Development Director as part of the building permit plan check process for the project. Monitoring Program: The mitigation measure will be monitored through the building permit plan check process. The City's Noise Guidebook can be used to evaluate the effectiveness of the recommendations of the noise consultant for reducing interior noise. It is anticipated that the recommendations would include such items as sound rated windows on the rear elevations of these units, extra insulation, and baffled attic vents. 3. The final project shall be designed to include locations for the collection of recyclable materials and sufficient space shall be provided for each unit to store a waste wheeler for recycling service from the local garbage company. Monitoring Program: The mitigation measure will be monitored through the City's Architectural Review process. The applicant will be required to provide a detail drawing showing how the floor plans or site plans for each unit have been designed to accommodate waste wheelers for recycling and that the design complies with the requirements of the local garbage company. SECTION 3.Action. That the approval of vesting tentative map 115-00, 3051 Augusta Street, be subject to the following conditions: 1. The final map shall include a note that setback is not required for the first-level decks on units 8, 9, 10 and 11. 2. The proposed storm drain, both on-site and off-site, shall be privately owned and maintained by the Homeowners Association. The system shall be capable of conveying a 10-yr. (min.) design storm to Laurel Lane, with an improved 100-yr. storm "safe overflow route", to the satisfaction of the Director of Public Works and Building Official. Offsite easements are required, to the satisfaction of the Public Works Director and Building Official. If the offsite drainage easements have not been acquired by the time of final map approval, the City shall lend its power of eminent domain, in accordance with the California Subdivision Map Act. All costs associated with this matter shall be at the cost of the subdivider. 3. The subdivider shall dedicate a public utility easement, 6 feet wide, across the portion of the property that is contiguous to the Augusta St. right-of-way. Easements for onsite public utilities and City water main and appurtenance purposes shall be provided to the satisfaction of the Public Works Director and the utility companies. 4. The subdivider shall dedicate a public street tree easement, 10 feet wide, across the Augusta Street frontage of the property. erg- i� - ATTACHMENT 3 Resolution No. 9242 (2001 Series) Page 4 5. The curb return radii at the Augusta Street driveway entrance may be modified at the discretion and to the satisfaction of the Director of Public Works. 6. The project 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. 7. All boundary monuments; lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. 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. 9. Prior to approval of the public improvement plans, the developer's engineer shall submit a digital copy of the public improvement plans, signed and stamped by the engineer of record, to the Director of Public Works. All digital plans submitted to the City shall be compatible with the City's system (the current City format is Autocad, Digital Interchange Format, DXF, for Geographic Information System purposes).. 10. Upon completion of the public improvements, an "as-built" version of the digital copy shall be submitted, which include any approved change of plan revisions, in addition to as.built tracings, prior to the City's acceptance of said improvements. 11. Applicant shall install a "street type"entrance to the driveway at Augusta Street, with sidewalk curb ramps on either side. Five (5) meters of red curb shall be installed on either side of driveway, extending from the back of each curb return. 12. Applicant shall provide short and long-term bicycle parking consistent with provisions of Section 17.16.060 of the Municipal Code and with standards contained within the 1993 Bicycle Transportation Plan. Project plans reviewed by the ARC shall show how these code requirements have been met. 13. A safe overflow will be required to convey runoff from this site to a safe point of disposal to the approval of the Chief Building Official. 14. Runoff from the adjacent property (East side) must be provided with anew disposal point due to the placement of retaining walls and fill in existing drainage courses. 15. Final grades and alignments of all water, sewer and storm drains (including service laterals and meters) shall be subject to change to the satisfaction of the Director of Public 011- 4 ATTACHMENT 3 Resolution No. 9242 (2001 Series) Page 5 Works and Utilities Engineer. 16. The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 17. Conditions, Covenants and Restrictions (CC&R's) are required, to the approval of the Community Development Director and the Public.Works Director. 18. CC&R's for the project shall include a requirement that garages be available for parking vehicles and general storage in garages shall not prevent parking of two vehicles.. 19. The applicant shall provide at least 10 enclosed bicycle spaces. 20. The CC&R's shall include a provision that, in the two-bedroom units_, the space labeled "family play area" shall not be converted to a third bedroom. 21. Applicant shall designate common open space areas as gathering spaces (with the actual facilities to be flexible; residents' participation in deciding the specific use is encouraged).. 22. Applicant shall explore how to provide adequate space for trash and recycling storage 23. Applicant shall provide porches or other entry features facing the street, for the units closest to Augusta Street. 24. All mitigation measures approved as part of the Mitigated Negative Declaration for the project are hereby made conditions of approval of-the project. 25. The applicant shall dedicate land or reserve easements as indicated on the project site plan for the exclusive use of the City's Fire Department, to the approval of the Fire Marshall and the Community Development Director. On motion of Council Member Marx, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Marx,Mulholland, Schwartz, Vice Mayor Ewan and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 16th day of October 2001. C�l- 1� ATTACHMENT 3 , Resolution No. 9242 (2001 Series) Page 6 Mayor Allen.Settle ATT ST� Lee Price, City Clerk APPROVED AS TO FORM: *itto freG. Jorgensen ATTACHMENT 4 To: Jerry Kenny, Supervising Civil Engineer From: Wolfgang Knabe, Fire Chief Subject: Easement on City Property next to Fire Station#3 Date: July 26, 2002 This memorandum is written to show concurrence with a proposal by Mr. Hamish Marshall and Augusta Street Partners to obtain an easement on city property next to Fire Station#3 on Laurel Lane. The easement is to run a sewer line from a building project on Augusta to Laurel Lane. In exchange for the easement, as I understand it, Augusta Street Partners will pay for all the costs associated with the new driveway approach into the rear portion of the fire station off of Augusta as noted in Letter of Understanding between the City of San Luis Obispo and Augusta Street Partners dated June 15,2002 (see attached). Costs have been estimated at $14,000. In addition, Augusta Street Partners has verbally agreed to donate$3,000 to the San Luis Obispo Parks and Recreation Department for future park needs. Attachments: Letter of Understanding (dated June 15, 2002) Letter from Hamish Marshall (dated July 11, 2002) Memo from James Bremmer, SLO Parks and Recreation(dated July 22, 2002) Thank you for your help in this matter. Wolfgang Knabe, Fire Chief ell eZ I ATTACHMENT 4 LETTER OF UNDERSTANDING THIS LETTER OF UNDERSTANDING is made and entered into the City of San Luis Obispo on this 15`h day of June, 2002 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and AUGUSTA ST. PARTNERS, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, Contractor is developing the vacant lot behind Fire Station No. 3 with a multi-residential project; and WHEREAS, the rear driveway that services Fire Station No. 3 is deteriorated and is extremely narrow for City fire apparatus; and WHEREAS, Fire Department staff approached Hamish Marshall, the project manager for Contractor and requested he consider improving Fire Department access; and WHEREAS, Contractor agreed based entirely on.their goodwill to modify their original plans to accommodate this Fire Department project; and WHEREAS, on March 8, 2002,Hamish Marshall,Rick Koon, Brad Brechwald,Aaron Dixon,Tom Zeulner,Darren Drake and Marcia Walther met at Fire Station No. 3 to discuss all issues concerning the dedication of an access easement between the Fire Station and the Augusta project known as Adelaide. NOW THEREFORE, it was discussed and agreed upon that it was in the best interest of the Contractor and the City that 1. The construction manager for the Adelaide Project should be the coordinator for all improvements within the area of the easement and improvements to the affected surrounding areas between the project and the fire station. 2. Costs for the City will be computed for their portion of the project prior to the start of the project. 3. Payment to Contractor for improvements will be delivered after the completion of all ell-ZZ ATTACHMENT 4 improvements. 4. The party responsible to complete the task and/or pay for the task is indicated as "Contractor" or"City" after each task. The tasks to be completed include the following: Plans/Management - a) All plans. (Contractor) b) All permits. (Contractor) c) Project Management. (Contractor) 5. Demo - a) Existing block wall to be cut approximately 10.5 meters from the sidewalk and block wall removed. (Contractor-construction, City-pay) b) Existing concrete flat work from sidewalk to expansion joint at 14.5 meters and to the back door of the engine room will be removed. (Contractor-construction, City -pay) c) Existing driveway ramp to be removed. (Contractor-construction, City-pay) d) Existing power pole will be left in place until late in project when it will be removed when power and other utilities are rerouted underground. (Contractor) 6. Improvements- a) Trench to be dug for utilities (power, cable TV, fiber optic,phone) from project to closest corner of fire station. (Contractor) b) Conduits in trench provided by Contractor. This issue was discussed at an earlier meeting held at Fire Station#1 and noted by Teri Maa, Information Systems Manager for City. c) Cable TV, fiber optic and phone conduits terminate within 1/3 meter or less of block wall for foundation of fire station at the rear comer. (Contractor) d) An in-ground vault will be located near utility trench next to existing underground power ell-023 - _ ATTACHMENT 4 conduit within 1 meter of fire station. (Contractor-construction, City-pay) e) Cut over for all utilities will be timely, coordinated and essential to be completed in an 8- hour time frame. (PG&E, Pac Bell, Charter Cable/Fiber) f) Grading to be completed for new driveway from street to back door of engine room. Final approval of slope detail by Fire Department at time of grading to insure proper slope. (Contractor-construction, City-pay) g) New driveway ramp, approximately 10 meters wide with ADA sidewalk detail, thick enough to hold weight of fire engine. (Contractor-construction, City-pay) h) New concrete flat work to be 6 inches thick with rebar and doweled to existing concrete with 8 inches of base. (Contractor-construction, City'-pay) i) When power pole is removed(Contractor), concrete to be filled in. (Contractor- construction, City-pay) j) Saw cut on block wall to be faced with similar color end cap. (Contractor-construction, City-pay) 7. Job completion- a) All construction debris to be removed from fire station site. (Contractor) b) Contractor construction manager will call a meeting when all tasks are completed. Meeting will be on the site of improvements at the fire station. Representative for City and Contractor will attend and agree that the scope of work for the project is complete. 8. Cost Agreement- All costs associated with tasks listed in this Letter of Understanding which identify the City as being responsible for paying have been estimated to be$14,000 by John L. Wallace& Associates and Rick Koon, Construction Manager for Contractor. All costs to the City to be actual costs. ATTACHMENT 4 9. Drawing of easement and fire station attached and are incorporated into this document as Exhibit A. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above n. ATTEST: CITY OF SAN LUIS OBISPO City Clerk Mayor APPROVED AS TO CONTENT: AUGUSTA STREET PARTNERS r B?�'I By: f=newac r�2m� Fire Chief Augus Street Partners Representative Name Title V IISoM APPROVED AS TO FORM: City Attomey StNI 43y JUMN l NALLAI,tj _ tlV7J444Gy4, Hf f\'GL'VG V.ouM11•, ."•V� ` •+ ExA rb r A TIM 6 4 5 Q Q o LFW J a � w ,� 41a CO -+ ^J��/ / �•' � `l1I „ ., 'r1 1, p, •. Xr 1A 0 42 J . ♦f �.�a�_ \. LLJ_ I Ile, LU I � it ~.,.�•�;y �' - ' co j I VI. ♦1LVVL VJrr wVr i . a. r-.ru.rv�r ' ATTACHMENT 4 AUGUSTA STREET PARTNERS, LP July 11,2002 Jerry Kenny CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo,CA 93401 Dear Jerry, i I Augusta Street Partners, LP would like to request that the City of San Luis Obispo and City of San Luis Obispo Fire Department grant Augusta Street Partners,LP a 10-foot easement, for the purpose of a sewer line across the southerly boundary of the vacant land located on Laurel Lane(Please see attachment A). In exchange for this easement,Augusta Partners,LP would pay for all the costs associated with the new driveway approach into the Augusta Street fire station (approximately$14,000).In addition,Augusta Street Partners, LP would be willing to participate in the improvement of the vacant land that is utilized as a neighborhood park. If this is an acceptable proposal to City staff,Augusta Street Partners,LP would request that staff present this proposal to City Council at the same time the Augusta Street project receives its final map. If you have any questions please call me at 544.3557. Sincerely, Augusta Street Partners, LP sh Marshall Agent HSM/sas 1880 SANTA BARBARA STREET, SUITE ESAN LUIS OBISPO,CA 93401'805.544.7343 ATTACHMENT 4 '96,7 18, a9 A UNI 7 9617 FF - - INSTALL SS WYE WTH SS COTG ' om vi ,1 1 i. . INSTALL SS WYE q� WITH SS COTE — -- c:As ers LAUREL LANE INSTALL SS WYE SSMH 7-• �J/B�?,i John L wawa&Aaaoc do v�4115 st 95 10*c, co ILE 1:200 EXHIBIT 5 (805154e-4011 Fax 54e-4294 IOf/11/GYJYJG gJ•JJ wc�irni, - JrJoui� •.- �.+..+� ATTACHMENT 4 - ; SIA: 1 ,3,1.3f, KIMtV._FC INV• 93.53 _. _... fl.•Ourb q.. i t STAB 14•.36.135 451LBOW ; FL LF93.485 1 I IN TALL SS WYE t TN SS CO Tr 1 Ln Ln I ( i i r � / I I 1+6 4.68 NSE W ,SCO ..._INSTALL Ss�wrE --- I ' W11IH SS COTG l 1 i _ t ' o � tl3 ` c i ASTALL 150ij m SS WYE tONNECAON ...i __... ___ '• (EXIST} 1SOmmm SS FL Ett£V 9,3.18.# ell- 21 ATTACHMENT 4 July 22, 2002 To: Paul LeSage, Director of.Parks and Recreation Tom Zeulner, Fire Captain Linda Fitzgerald, Recreation Manager Jerry Kenny, Supervising Civil Engineer Rob Livick, Principal Civil Engineer From: James Bremer, Recreation Superviso, Subject: Easement at Laurel Lane for Augusta Street Partners xc: file After contact with Mr. Marshall, representing Augusta Stre Partners, it is agreed that Augusta Street Partners (ASP) should be allowed an eig t foot by 130 foot easement through the Laurel Lane Community Garden. The agreed plan is for ASP to bore a tunnel under the existing garden and its plots to the main sewer on Laurel Lane. In return for the easement, ASP will construct a wider driveway for fire station # 3 (worth approximately $14,000.00). Additionally, Mr. Marshall and ASP will donate $3,000.00 to the Parks and Recreation Department for future park needs. r _- --__- _- t ' J ��' :I�it iFTt�'` �� _ � _Yff11 ,=.. �; i - "i `lyp•:,- rg �T��:w'y` _ - i e 1�{i �''` �Fn.. � I rl f y f�•.�.j• "r�1.T°� i , •• Lam• V ' L'r •�,^Yi { r•t'� ti �[CVID;�,I��I'IIIIV,I� City Of - ' ATTACHMENT 5 san lues OBIspO FINAL MAP APPROVAL CHECKLIST PROJECT NAME r-le-G'r l/o Z DESCRIPTION �E E Lori 6N7ulJ i T Cv��i�on� �n/�aE/r Su vi�/i S is 5/ PUBLIC IMPROVEMENT CONDITIONS # DESCRIPTION INITIAL ADATE COMMENTS 1 GRADING Including planting&retaining walls a, 7 7 OL '-i U r-t DEdL C (�LYTID� 2 STORM DRAINS&DRAINAGE STRUCTURES 3 SEWERS&SERVICES 4 WATERLINES&SERVICES 5 FIRE HYDRANTS 6 Street Lights 7 CONCRETE Curbs and Gutters Sidewalks Driveways 8 STREETS&PAVING- Pavement Signing,striping and curb painting 9 NON.CI7Y UTd1TIES P.G.&E.—Electrical Cable TV Telephone Co Gas Company 7 Z D 5 u t Co14S t t t u 10 1 FEES RECEIVED Water,.Sewer /J A , 444 Bjx,% t -e4-v"%-k I 1 PUBLIC IMPROVEMENTS pavinents received 41 7 Z IPA-r. 4A,44 C�fELK 1N5/oEc74 . 12 AGREEMENT CONDITIONS have been met L 9 7 oZ 13 MONUMENTATION 7 oZ O/1GED 14 STREET TREES 15 OFFSITE WORK 16 1 BOND/GUARANTEE dcpositcd ti Citi 17 PARK dedication or in-lieu fees y 18 Other: OTHER CONDITIONS 19 Planning Commission 20 Architectural Review Commission L 8 8 21 City Council 22 Abandonments 23 Other: COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL BY Date PUBLIC WORKS DEPARTMENT APPROVAL BY v ate Cll- 3�