HomeMy WebLinkAbout08/20/2002, C11 - A. FINAL MAP APPROVAL FOR TRACT 2402 - A ONE LOT, EIGHTEEN UNIT COMMON INTEREST (CONDOMINIUM) SUBDI i
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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
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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
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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
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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).
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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
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Fire Chief Augus Street Partners Representative
Name Title
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APPROVED AS TO FORM:
City Attomey
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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
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1880 SANTA BARBARA STREET, SUITE ESAN LUIS OBISPO,CA 93401'805.544.7343
ATTACHMENT 4
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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.
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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�