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Home My WebLink About02/20/1990, C-2 - FINAL MAP APPROVAL AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1439, A 22 CUSTOM-LOT RESIDE MEETING city Of San LUIS OBISPO DATE. MaGe COUNCIL AGENDA REPORT ITEM"`�"�': v FROM: David F. Romero WaynePeters Prepared by: Gerald W. Kenny Public Works Director City Enginee Supervising Civil Engineer SUBJECT: Final Map Approval and acceptance of public improvements for Tract No. 1439, a 22 Custom- Lot Residential Subdivision at 1901 Royal Way. (Sandra and O. Robert Noyes, Subdividers) RECOMMENDATION: Adopt resolution approving the final map and accepting the public improvements for Tract No. 1439. DISCUSSION: The tentative map was approved on December 20, 1988 per Resolution No. 6560 (1988 Series) [See attachment 7]. The subdivider has constructed the required subdivision improvements. The subdivision improvements consist of typical street and frontage improvements, utilities and lot grading. In addition, there was extensive Prefumo Creek stabilization work done utilizing "gabions" and large rock rip rap in order to protect existing trees and eliminate additional erosion and siltation. A creek maintenance access road was installed, which will also provide for a public pedestrian trail along the top of bank. Landscaping was installed to enhance this riparian area. Full credit for park dedication was granted for these improvements and the dedication of the creek and accessway to the City in fee title on the tract map. (See Conditions 1 and 2 per attachment 7.) The final map has been checked by staff and found to be in substantial conformity with the approved tentative map and all conditions have been met. A warranty (Letter of Credit and Guaranty - attachments 5 & 6) in the amount of$43,000 has been received to guarantee the subdivision improvements for one (1) year from the date of acceptance per the Subdivision Map Act and City ordinance. A "Notice" (attachment 8) has been executed by the subdivider, to be recorded along with the final map, informing future owners of the lots of the possibility of delays in issuance of building permits due to the drought as required by Condition 10 of the above-mentioned resolution. SIGNIFICANT IMPACTS: None CONSEQUENCES OF NOT TAKING THE RECOMMENDED.ACTION: The subdivider would not be able to record the final map nor sell the lots in Tract No. 1439. He would be required to maintain the improvements and surety for a longer period of time until acceptance by the City. RECEIVED FEB 9 1990 SAN LUIS OBISPO,CA tQ4P,,% city of san tui s owpo COUNCIL AGENDA REPORT Meeting of February 20,1990 Page two CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. FISCAL IMPACT: Normal'maintenance of standard street, sewer and water mains and creek maintenance will be required. The pedestrian pathway and landscaping is not expected to have any significant fiscal impact on the City. ALTERNATIVES:- OPTION LTERNATIVESOPTION l: Adopt resolution approving the final map and accepting the public improvements for Tract No. 1439. OPTION 2: Deny approval of the final map and acceptance of the public improvements if the Council finds that all conditions have not been satisfactorily met. RECOMMENDATION: _ Adopt resolution approving the final map and accepting the public improvements for Tract No. 1439. Attachments: 1 - Draft rrees�olution 2 - Map 13) 3 - Final map checklist 4 - Final acceptance checklist 5 - Guarantee 6 - Letter of Credit (Commerce Bank - #90-02) 7 - Resolution No. 6560 (1988 Series) 8 - Notice (building permit delays) 9 - Fee and Bond List RT1439FA.wp I 1 e4v-a RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP AND ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT NO. 1439 LOCATED AT 1901 ROYAL WAY (Sandra and O. Robert Noyes, Subdividers) WHEREAS, the City Council made certain findings concerning Tract No. 1439 as contained in Resolution No. 6560 (1988 Series) , and WHEREAS, all conditions required per said resolution have been met, and the final map is in substantial conformity with the approved tentative map, and WHEREAS, all public improvements have been constructed to City standards and specifications. NOW THEREFORE BE IT RESOLVED that the final map is hereby approved and the public improvements are hereby accepted by the City for maintenance for Tract No. 1439. 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 , 1990. MAYOR ATTEST: �. CITY CLERK ��-3 Resolution No. . (1990 Series) Page Two. APPROVED: i is ative fficer Community Dev opment Director City ngineer jkl.wp/t1439res.wp - bv i�� or ,Ool � IN' i 0 bL ifta tkh Ise ��'V P4� •'bycaba � ac �,� i Ah fee "�g 4 •� '� \✓Det � '• /�K' � � 'I � Z ego;� �� = zaa ;: •' \\ F' ��' t N EM' lit o t �y J • � _� �i �4y� lam- � �j .�r 0�• � ` '` \ �, I � ... . .. tC♦ �. \, ♦ ��of o� pix ' t '04 _ iaRF}, • s! AA = � � r R !� � 1 r\ 4'� �` • h� F- �` �p :Y .'�e• �d;Yp+�r �d•� `��,t mid, .r �r : � �,� � f#�� r� .mow ' �'� N �'• !� � '�.•%izs�lE. ,, r �� y+.yoo7+�j�� +�a �\�� • ` a �1. mC �F � }� it 1b: -�y � !I 1[ 5! ''•`� t M3 Ot , AQZpttltf�i Chi S ply I.II.OL..LM ` �• S m t MD4 . �M'Y �� M•� // \\��\\�\1 �� C �ti C.F J 1 f it is w 2` aj t s a t d s� Y .F -�� Mti.� L � a,a �/ eyL,� ,4 J'► � { X04 . � �• ♦��•�aa_•�y � �w7Qn ____-_ vKJ��¢' MJ 1`I>'•�.Lv i �\\�C �~ � ��r�• M ,.. .>a.n •n+o.+ie �.Ww =AyPL�d, A ~9yv. 1 a N� ♦ ��, _/i' Yj�f��\-�� ! �...+��'�_�m°0!w �i O' �y i/1�• 9!` 09! N�_ ♦♦ �7('_ •{r• J •M��ypone � S ggTitA i ;3 ig 8=II Eye r +j �; �°\ .�►8 $4F '6 4 Or X • S'J�v eoi ! i ` �� aiw•' ` ag `� � —O iii ;2 411u 3• x za iv SU.i -s 8 Am o•r ev 0gP i1 b A-4 I A NM j7 N A o /�� P +d ter- ti P l'°`l•y (alt•u.7.��/ iyV ,rla•o•. city oLuis OBISPO FINAL Mmi? APPROVAL CHLvKLIST PROJECT NAME Tract 1439 - Royal. Way - Noyes �- bESCRIPTION 22 lot, single family tract for custom homes MAP NUMBER Tract 1439 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS A DESCRIPTION INITIAL 'DATE COMMENTS 1 GRADING Including planting&retaining;91-8 , 3 2 STORM DRAINS A DRAINAGE STRUCTURES 3 SEWERS i SERVICES 4 WATERLINES&SERVICES S FIRE HYDRANTS 8 CONCRETE Curbs and Gutters – Sidewalks Driveways 7 STREETS A PAVING Pavement Signing,stAping and curb painting 8 NOWNTY UTILITIES P.G.BE.—Eteetrleal Y/17/910. Letter received Street 1.1911" ? al 0 ti Cable TV y lel*AQ or Telephone Co.. Yi y « 41 Gas Company re g FEES RECEIVED(WhMrSewer) H 1/i7/10 Water b sever fees paid 10 PUBLIC IMPROVEMENTS payments received p I WA- 11 AGREEMENT CONDITIONS have been met it I Fdf 12 MONUMENTATION H.B. 1/17/10 Mon. bond deposited 13 STREET TREES 01 To be installed tft custom owes 14 OFFSITE WORK t r h "A- . 15 SONDmuARANTEE deposited i>P v 1161 PARK dedication or NWIeo fees 17 OTHER CONDITIONS 18 Boars of kusbrWris 18 Planning Cammisslon 20 Architectural Review Commission 21 City Council 22 Abandonments 21 Other _,&TACH UST OF CONDITIONS d SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROV 52-01 PUBLIC SERVICES APPROVAL . • ,,: ; city Of s4 Luis OBispo - FINAL ACCEPTANCE CHECKLIST PROJECT NAME 7" /439 - RoYAL W-Ay - My Yo-.s DESCRIPTION 2L/ Lor S/oVCzC FiJ•rwicv rR.fcr F-oe C"roM �q&lw" MAP NUMBER /4141 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVE!4ENT CONDITIONS i DESCRIPTION INITIAL DATE COMMENTS I GRADING complete including planting b retaining walls 4—L 1 j F 1 2 STORM DRAINS b DRAINAGE. STRUCTURES installed 3 SEWERS b SERVICES installed and tested 4 WATERLINES d SERVICES installed and tested 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved Curbs and Gutters Sidewalks Driveways 7 STREET b PAVING installed and approved Properly installed and sealed Cleaned Signing, striping and curb painting 1k�k 8 N_ON-CITY UTILITIES P.G.b E. -- Final letter received Street lights installed, operating, letter sent Z Cable TV -- Final letter received ! p Telephone Co.-- Final letter received ♦r. Gas Company -- Final letter received_ C 9 AS-BUILT PLANS received and approved / O 10 PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met l� y 12 MONUMENTATION complete l'f Nle/lr Ajo.O 13 STREET TREES pUeleA o 6P51- frCeW,7W 14 OFF-SITE WORK completed 15 BOND/GUARANTEE deposited Zr-7-190 16 1 3OW De osit Account Status .t (PN•4sOle>: **Funds Encumbered for Signs. etc. OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS 18 PLANNING COMMISSION AO 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL 21 ABANDONMENTS 22 1 OTHER ATTACH LIST OF CONDITIONS b SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL 4B1 PUBLIC SERVICES APPROVAL�C�� ►►�� I Illli��'�►��i�l.11llOML GUARANTEE TO THE CITY OF SAN LUIS OSISPO I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum of $ 43,000.00 X_ to guarantee: Any necessary repairs of public improvements for Tract 1439 on Royal Way in San Luis Obispo in accordance with Subdivision Map Act Section 66499.9(C) and City Municipal Code Section 16.44.120(E) . This deposit to be released after one year from date of acceptance of improvements on the condition. that any defects that may have become apparent during that time have been remedied to the satisfaction of the City Engineer. ^\ at 1901. at al Royal Way Lots) 1 through 22 . Block --- Tract 1439 Necessary repairs If I fail to make )within thirty (30) days from tU date, of notification of any defects theroceeds of I hereby authorize the city to use any or all ofAhis deposit as necessary to complete these improvements and refund the balance of the deposit, if any. If the city has to proceed with these improvements and the lowest responsible bid exceeds this deposit, then I agree to deposit the required additional amount within two days after returned receiving written notice thereof. I understand the entire deposit shall be if I make improvem nts withi th ty 30 - days from tdate. of notification of defects. Signed o Date. o�A-,v ja 67 Please Print: bliver Noyes Name of person to whom cash will be refunded 11'v e r R. M v v es Mailing Address: 1901 oyes ZtA2,j4 Sin kryis Db 5pej _CA 93'/40.5 �. Refund requested by: Date: - White: File Yellow.Finance Pink:Dept. Goldenrod:Applicant A�-� M'& i COMMERCE BANK OF SAN LUIS OBISPO N A Letter of Credit #90-02 IRREVOCABLE COMMITMENT OF FUNDS FOR COMPLETION OF POSSIBLE REPAIRS ON ROYAL WAY. IN SAN LUIS OBISPO City of San Luis Obispo San Luis Obispo, CA 93401 The undersigned, Commerce Bank of San Luis Obispo, N.A. , being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $43, 000. 00 (Forty Three Thousand Dollars and No/100) are credit to the loan commitment account of 0. ROBERT NOYES AND SANDRA W. NOYES as required by the Subdivision Map Act of the State of Cali- fornia for the purpose of any necessary repairs of public improvements for Tract 1439 on. Royal Way in San Luis Obispo in accordance with Subdivision Map Act Section 66499.9 (c) and City Municipal Code Section 16.44.120 (e) . This deposit is to be released after one year from date of acceptance of improvements on the condition that any defects that may have become apparent during that time have been remedied to the satisfaction of the City 'Engineer. The undersigned agrees that said funds are trust funds on deposit and guaranteed for payment and that upon receipt of written demand, signed by the clerk of the City of San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the City of San Luis Obispo for the purposes set forth above. By execution and delivery of this Irrevocable Commitment of Funds to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to said O. ROBERT NOYES AND SANDRA W. NOYES, except as herein specifically set forth. 545 Higuera Street Post Office Box 1069 San Luis Obispo, CA 93406 (805) 541-4166 GIa•/D Letter of Credit #90-02 O. Robert Noyes and Sandra W. Noyes Page two Dated at San Luis Obispo, California this 2nd day of February 1990. Commerce Bank of San Luis Obispo, N.A. BY J k Wauc ope, President Adfress to which notices to Bank should be sent: Commerce Bank of San Luis Obispo, N.A. P.O. Box 1069 San Luis Obispo, CA 93406 - The undersigned hereby agrees to all the terms and con- ditions of the foregoing Irrevocable Commitment of Funds and release the financial institution executing said Irrevocable Commitment of Funds from all. liability except as therein specifically set forth. Dated at San Luis Obispo, California this 2nd day of February, 1 Robe Noyes Odra W. Noyes RESOLUTION NO. 6560 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1439 LOCATED AT 1901 ROYAL WAY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings, That this council, after consideration of the tentative map of Tract 1439 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed use will not adversely affect the health, safety and welfare of persons living or working on the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The design of the subdivision, as conditioned, and proposed improvements are consistent with the general plan. 4. The site is physically suited for the type and density of development allowed in an R-I-S zone. 5. 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. 6. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 7. The Community Development Director has determined that the proposed subdivision :will not have a significant effect on the environment and.has granted a negative declaration. SECTION 2. Conditions. That the approval of the tentative map for Tract 1439 be subject to the following conditions: 1. Creek improvements shall be limited to those shown on a creek plan submitted to the approval of the Public Works Department and the Community Development Director, and in accordance with permits obtained from the Department of Fish and Game. Such creek plan shall show the extent of grading, proposed erosion and siltation control and revegetation techniques, and fencing, plus any other related work required by the Community Development Director and City Engineer. Resolution No. 6560 (1988 Series) Tract 1439 i Page 2 2. The subdivider shall offer for dedication to the city an area extending,from the centerline of Prefumo Creek to a line averaging 20' beyond the top of bank, for park purposes. Prior to approval of the final map, the applicant shall stake the area to be dedicated. The staked area shall be reviewed by the Community Development Director to assure adequate;area for passage and to protect trees and other riparian Vegetation. The precise boundary of the area to be dedicated shall be approved by the City Council with the recommendation of the Community Development Director, at the time of approval of the final map. If necessary to accomodate the creek dedication, some lots are hereby granted exceptions in area, width, or length. The Community Development Department staff shall determine the exact exceptions required, if any. This area shall be counted as meeting the subdivision's park dedication requirements. The subdivider shall also provide a public access casement from Rubio Lane to the .creek, to the approval of the Community Development Director, and shall provide an easement for maintenance purposes only, extending from Fairway Drive to the golf course, to the approval of the Public Works Department.. 3. Subdivider must provide a hydraulic analysis illustrating the effects of this project during a 100-year storm on projects downstream. If the analysis indicates additional work to prevent further erosion of the Prefumo Creek banks must be done, such work must be approved as part of the creek plan, and is subject to approval by the Army Corps of Engineers and the Department of Fish and Game. Said work shall be installed by the subdivider. 4. No trees may be removed, except with the approval of the city arborist and the �j Community Development Director. The subdivider shall develop a tree protection plan and post a bond to assure the safety of the existing trees during construction of tract improvements, to the satisfaction of the city arborist and Community Development Director. 5.i One-inch minimum water services must be installed to accommodate possible future fire sprinklers. Rubio Lane shall meet Fire Department requirements or fire sprinklers will be required for homes built on lots 4 through 9. On-street parking shall be provided in the cul-de-sac. 6. The subdivider must install a 4-foot integral sidewalk, street pavement, street lighting, fire hydrants, drainage facilities, and utilities along both public streets to city standards and to the satisfaction of the City Engineer and Utilities Engineer. Six-foot public utility easements and ten-foot street tree easements are required along all street Frontages. 7. An updated soils report shall be prepared after grading of the site is completed. Such soils report shall make specific foundation recommendations for each lot. The final map or other recorded documentation of the tract shall refer to the updated soils report. 8. Lot #2 shall be increased in length if necessary to accomodate building of a home on i this lot without harming the existing 48'-diameter oak tree. Resolution No. 6560 (1988 Series) Tract 1439 Page 3 9. All homes built on lots 1 and 3 through 7 shall be set back a minimum of ten_ feet from the rear property line. 10. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water supply and usage. Such notification shall be. made a part of the recorded documentation for each lot. On motion of Councilwoman Rappa seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this2 thday of December 1988 yor AC ST: Ci Clerk APPROVED: Icityministrative Officer t City torne" Community Development Director i RECORDING REpUESTE._,Y: 1st American Title �. AND WHEN RECORDED MAIL TO: City of San Luis Obispo Planning Department c/o First American Title APA( 53-!//-4P NOTICE Additional information for TR. No. 1439 filed Book _, page _ of Maps The following is for information only, describing conditions as of the date of filing, and is not intended to affect record title interest. The possibility exists of a delay in obtaining a building permit due to City of San Luis Obispo Water Supply and Water usage. STATE OF CALI AN ix n COUNTY OF Itlis Obispo STATE OF CALIFOA Iea p COUNTY OF— on Lui9 Obit3po ) Ort_ Januar; 17, 1990 I+efore me,the undersigned,a Notary Public in and for said State.personally appmed. Sandra Welch — F c `m E LL pi�d6i1 Vowed to me on the bub of mils- factory evidence)to be the peracnm Whom name(p isfiltMuLb. scribed to the Wthin instrument and acknowledged to me that bSORAy S.M Y 5 m/shelttt9F executed the same. - 3AM OOFRWO WM IWITNESS my hand and official seal Co'ra�Yvimr Expbes on Jura 21,11193 fI Signatu, , (This area for official notarial seep A lull e1w '000 elltj 17)`� Tver Robert oyes en L. Maddalena R.C.E. #k12545; Exp. 3/31/93 Sandra Welchoyeess e,. _ � G �Ia•,u_ /f VOL _ Page _ TRACT 1439 LIST OF FEES AND BONDS Paid Fund Number FEES: 1 . Prior to Early -Gradin: a. Plan check deposit $ 1 ,000.00 3/9/89 687-9210-220-130 (previous deposit b. Inspection deposit $11 ,400.00 �/1� 687-9210-220-130 c. Erosion control contingency S 5,000.00 � �� 687-9210-220-130 and restoration (not req'd if map finaled v/bonds etc. prior to grading) d. Tree preservation guarantee $56,000.00 . 87-9210-220-130 per cond. 4, Res. 6560 (1988 Series) 2. Prior to Final Map: a. Water acreage. fee (4.92 Ac $9:446-4A ``// 0.50-0017-071-020 % 1IM/Ac) % 618.60 Alp 14070 �K+�736 •-�''�; l9 FVA /940 b. Sever fee (Laguna lift $ 770.00 41.0 ' ,4, station) (35/lot % 22 lots) c. Park-in-lieu fee Not required due to creek & pedestrian trail dedication d. Monumentation (cash deposit) $ 19000.00 �i/p� 40; 9210-220-130 e. 1 .a, 1 .b and 1 .d above B. BONDS �ait3fsl Farforma.oe Sesb 635aT9aa,$e i'"" ' '�'`'-` GvAAAfir7r-& DE osIr , ' 43 040 L.t—rFe,,' aF c-44FP•r p yo z 'f f) � Carr�iE.4CE /Bidw'K / /0? A*aeo 439-agr 096 e{P�cb.� !'.65 / by , ,,y �'tn"r LI4re#4r f��/'ej/r 4 2i f'75' c:a«a ='�4L�Glr �Gsrc� 'i 0D 7