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HomeMy WebLinkAboutItem 13 - Approval of the Final Map for Tract 2943 Phase 2, Earthwood Lane (FMAP-0208-2020) Department Name: Community Development Cost Center: 4003 For Agenda of: December 8, 2020 Placement: Consent Item Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Steve LaChaine, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2943 PHASE 2, EARTHWOOD LANE (FMAP 0208-2020) RECOMMENDATION Adopt a Resolution (Attachment A) approving the Final Map for Tract 2943, Phase 2 (2943-2), Earthwood Lane, and authorizing the Mayor to execute a Subdivision Agreement. DISCUSSION Background/Previous Council Action Tract 2943 (TR/ER 74-07) is located at 151 Suburban Road (Attachment B, Vicinity Map). A vesting tentative map for Tract 2943 was approved by the City Council on December 2, 2008, by Resolution No. 10046 (2008 Series) (Attachment C - Reading File). The tentative map (Attachment D - Reading File) consisted of 23 commercial lots to be accessed independently and the resulting parcels to have separate street frontage and access from Suburban Road and Earthwood Lane. Tentative Map Consistency 1. No lots, units or building sites are added or deleted; and 2. The proposed changes are consistent with the intent and spirit of the original tentative map approval; and 3. The proposed changes are consistent with the zoning regulations and the building code, the General Plan, and the Subdivision Map Act. The previously recorded Phase 1 map for Tract 2943 created one less lot than was shown on the tentative map. Phase 2 of Tract 2943 is adding one lot so that the total of 23 lots for both phases combined will be consistent with the tentative map. Final Map Specifics The “first phase” of Tract 2943 created 7 lots (Lots 1 to 7) and one remainder lot for future Tract 2943 Phase 2 subdivision. All of the required offers of dedication for public road purposes have already been accepted by the City. The remaining PUE and Street Tree easements along with the remaining private easements are being created with this map to accommodate build-out of the subdivision. Item 13 Packet Page 239 Earthwood Lane within Tract 2943-2 will connect to the extension of Earthwood Lane within the first phase of the Avila Ranch subdivision (Tract 3089-1). Coordination between the respective maps and their associated public improvement plans has been verified. The final map for Tract 3089-1 to the south was previously approved by City Council. The subdivider will be offering easements for street trees, public utilities, and sewer, as well as a private storm drain easement in favor of Phase 1 and Phase 2 lots. Affordable Housing Affordable housing requirements are not applicable to this commercial raw land subdivision. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150. There have been two City-granted extensions of two years each, and three state government extensions, establishing a vesting tentative map life with an expiration date of December 2, 2021. The map must record prior to expiration of the tentative map. Due to Covid-19 extensions, 18 more months of State-granted time extension is allowed, if requested by the subdivider prior to tentative map expiration. The final map for Tract 2943 Phase 2 (Attachment E) is ready to be approved. There are a few minor revisions still required for technical accuracy and condition compliance, but those changes will be completed before the map records. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is in substantial compliance with the tentative map and approved modifications thereof. California Government Code Section 66474.1 states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” The approval of a final map is considered a ministerial action. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The resolution approving the final map (Attachment A) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. Policy Context The proposed action approving the final map is consistent with the policies set forth in the previously referenced Municipal Code and California Government Code sections. Public Engagement Public notification for the tentative map (TR 74-07) occurred with the Planning Commission hearing on October 22, 2008. Approval of the final map is considered a ministerial action, so a public hearing to approve the final map is not required. Item 13 Packet Page 240 CONCURRENCES The Director of Public Works, Utilities Department, and the Fire Department concur with the recommended action. ENVIRONMENTAL REVIEW Public notification for the environmental document (ER 74-07) occurred with the Planning Commission hearing on October 22, 2008. Approval of the final map is considered a ministerial action, so a public hearing to approve the final map is not required. Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. FISCAL IMPACT Budgeted: N/A Budget Year: N/A Funding Identified: N/A Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A* State Federal Fees Other: Total *There is no new fiscal impact to the City associated with approving the final map for Tract 2943-2. The public improvements that will be constructed with this phase will result in an increase in maintenance costs for the public streets, public water and sewer, and other infrastructure upon acceptance of the improvements by the City. These costs will be shown in future Financial Plans as the facilities are accepted and begin to require standard maintenance. Item 13 Packet Page 241 ALTERNATIVE Deny approval of the final map. City Council may deny approval of the final map if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Because the final map is in substantial compliance with the tentative map and all of the conditions of the map will be met or securities deposited prior to map recordation, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made. Attachments: a - Draft Resolution b - Vicinity Map TR 2943-Phase 2 c - COUNCIL READING FILE - Resolution No. 10046 (2008 Series) d - Tentative Map e - COUNCIL READING FILE - Tract 2943 Phase 2 Final Map f - Subdivision Agreement for TR 2943 Phase 2 g - COUNCIL READING FILE - Tentative Map Grading Plan h - COUNCIL READING FILE - Phase 1 Map Item 13 Packet Page 242 R _____ RESOLUTION NO. ______ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NO. 2943 PHASE 2 (151 SUBURBAN ROAD, TR 74-07) WHEREAS, the City Council made certain findings concerning the tentative map for Tract 2943, as prescribed in Resolution No. 10046 (2008 Series); and WHEREAS, all the requirements and conditions of said Resolution No. 10046 (2008 Series) that are applicable to Phase 2 are completed or appropriate securities will be in place prior to map recordation to guarantee their completion; and WHEREAS, the subdivider has completed all required subdivision improvements applicable to Phase 2 or will submit appropriate securities to guarantee installation of the required subdivision improvements as shown on the approved plans prior to map recordation, and all fees have been received or will be received prior to map recordation, as prescribed in the Subdivision Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract 2943 Phase 2 is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement for Tract 2943 Phase 2 is hereby approved. SECTION 3. Approval of the final map for Tract 2943 Phase 2 is hereby granted. Item 13 Packet Page 243 Resolution No. (2020 Series) Page 2 R _____ SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________. ____________________________________ Teresa Purrington City Clerk Item 13 Packet Page 244 Date: 7/16/2020 b - Vicinity Map – Tract 2943 Phase 2 VICINITY MAP NOT TO SCALE Item 13 Packet Page 245 Item 13 Packet Page 246 1 SUBDIVISION AGREEMENT – TRACT 2943 PHASE 2 THIS AGREEMENT is dated this ______ day of ___________2020 by and between Stephen Dorsi, as trustee of the Roland S. Ball Revocable Trust, u/t/d November 20,1995, and Sterling Conley Ball, as trustee of the Roland S Ball Grandchildren’s Trust, u/t/d December 25, 1995, 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 Tract Map No. 2943, City of San Luis Obispo, California, as approved by the City Council on the ____ day of ___________, 2020. The Subdivider desires that said Tract Map No. 2943, Phase 2 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the improvement 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 Item 13 Packet Page 247 2 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. LANDSCAPING 5. DRAINAGE STRUCTURES 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 project approvals. 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. 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 twelve (12) 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. Item 13 Packet Page 248 3 No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all subdivision improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners 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 amount of $450,000 which is the amount of the estimated cost of said improvements that remain to be completed from the original $450,000 of required improvements. Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the performance security, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. Item 13 Packet Page 249 4 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 retain a security in the amount of $45,000 which is 10% of the total estimated cost of subdivision improvements. That amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the 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. “AS-BUILT” record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials surety in the Item 13 Packet Page 250 5 amount of 50% of the above described subdivision improvements ($225.000) in accordance with State law. Said Subdivider shall pay an inspection fee 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 as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. 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. Item 13 Packet Page 251 6 IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER Stephen Dorsi, as trustee of the Date Roland S. Ball Revocable Trust, u/t/d November 20,1995 Sterling Conley Ball, as trustee of the Date Roland S Ball Grandchildren’s Trust, u/t/d December 25, 1995 CITY OF SAN LUIS OBISPO _____________ Heidi Harmon, Mayor Date ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________ Christine Dietrick, City Attorney Date Item 13 Packet Page 252 7 EXHIBIT 1 TRACT 2943 Phase 2 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $2,500 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. Park-in-lieu fees are not applicable for these Commercial lots, as noted in the attached EXHIBIT 2. 3. Public improvement inspection fees shall be paid at time of encroachment permit issuance. 4. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 6. The subdivider shall comply with all requirements of the Council Resolution approving the tentative map. Item 13 Packet Page 253 8 EXHIBIT 2 TRACT 2943 Phase 2 - FEE AND BOND LIST (FMAP-0208-2020) Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance $450,000 xxx xxx Can be released upon City acceptance of improvements and deposit of one-year warranty surety. Labor & Materials (50% of total cost of improvements $225,000 xxx xxx Can be released 90 days after acceptance of improvements, if no claims. (Civil Code Section 8412) Monument Guarantee $2,500 xxx xxx Can be released upon verification that monuments have been set and surveyor has been paid. 10% Warranty $45,000 Do not make bond for this 10%. It is a future hold from 10% of the faithful performance bond xxx xxx Can be released one-year after acceptance of improvements, if no defects. Fees: Map Check Fee $17,812.62 Check 5/14/20 Paid Improvement Plan Check Fee $17,102.59 Check xxx To be paid before map recordation or before encroachment permit issuance. Construction Inspection Fee $33,557.83 Check xxx To be paid before map recordation or before encroachment permit issuance. To be paid with encroachment permit: Park In-Lieu Fee1 N/A N/A Affordable Housing Requirements To be collected with building permit N/A for commercial properties, no residences Water Impact Fee1 To be collected with building permit Wastewater Impact Fee1 To be collected with building permit Transportation Impact Fee1 To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. Item 13 Packet Page 254