HomeMy WebLinkAboutItem 09 - Approval of the Final Parcel Map SLO 19-0081 (3700 Ranch House Rd, SBDV-0826-2019 & ARCH-0825-2019) Department Name: Community Development
Cost Center: 4003
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Steve LaChaine, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL PARCEL MAP FOR PARCEL MAP SLO 19 -
0081, 3700 RANCH HOUSE ROAD (SBDV-0826-2019 AND ARCH-0825-
2019)
RECOMMENDATION
Adopt a Resolution (Attachment A) approving the Final Parcel Map for Parcel Map SLO 19-0081,
3700 Ranch House Road, and authorize the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Parcel Map SLO 19-0081 is located at 3700 Ranch House Road (Attachment D). A vesting
tentative parcel map for Parcel Map SLO 19-0081 was approved by the Planning Commission on
September 9, 2020, by Resolution No. PC-2018-20 and PC-2019-20(Attachments B and C). The
vesting tentative parcel map (Attachment E) approved a single lot residential common interest
subdivision, commonly known as Vinifera Townhomes.
This parcel map requires City Council approval to amend the width of a previously offered Public
Utility Easement (PUE). Once the amended map is approved by the Council and all of the
appropriate fees and securities are submitted to guarantee completion of the subdivision
improvements, the map can be recorded.
Approving the Final Map
The tentative parcel map has an initial two-year life per Municipal Code Section 16.10.150. It is
not subject to any automatic extensions granted by the State Legislature. Therefore, the final map
must be filed by September 9, 2022, unless the subdivider requests, and is granted, time
extensions from the City, pursuant to Municipal Code Section 16.10.155.
The final parcel map for Parcel Map SLO 19-0081 (Attachment F) is ready to be approved and
recorded. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has
determined that the final parcel map is in substantial conformity with the tentative parcel map
and approved modifications thereof.
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The final parcel map proposes to abandon an existing ten-foot-wide PUE along Ranch House
Road and install a new six-foot-wide PUE to replace the extinguished ten-foot-wide PUE to be
reserved on the final parcel map for the street frontage area. This public utility easement is
described on the final parcel map. The proposed PUE reduction to six feet has been reviewed and
approved by the benefitting utility providers. Private drainage easements on the parcel will be
extinguished by separate quitclaim deed agreement before or at the time of map recordation . The
parcel map shows the new location of private drainage easements on site to accommodate the
final design.
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 parcel map (Attachment G) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
Previous Council or Advisory Body Action
The Planning Commission approved the Vesting Tentative Parcel Map No. 19-0018 on
September 9, 2020 via Resolution No. PC-2018-20 and PC-2019-20(Attachments B and C).
Policy Context
The City Council approves final maps in accordance with the Subdivision Map Act and the
City’s Subdivision Regulations (Chapter 16). The regulations shall apply to all parts of
subdivisions within the City of San Luis Obispo and to the preparation of subdivision maps and
to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof
lying within the City shall be made and each map shall be prepared and presented for approval as
provided for and required by these regulations.
Public Engagement
Public engagement was completed with the approval of the Tentative Map along with
Architectural approval for the specific development project.
CONCURRENCES
The Public Works Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
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: 2020-21
Funding Identified: n/a
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Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A 0 0 0
State
Federal
Fees
Other:
Total
N/A for Private
Subdivision
There is no significant financial impact to the City associated with approving the final parcel map
for Parcel Map No. 19-0018. The driveway aprons and street trees being installed along the Cerro
Cabrillo Lane, Ranch House Road, and Sponza Drive frontage and the new water services will
result in a minimal increase in maintenance costs upon acceptance of the improvements by the City.
The remainder of the subdivision improvements will be privately maintained.
ALTERNATIVES
Deny approval of the final parcel map. Denying approval of the final parcel map can apply 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 - COUNCIL READING FILE - Planning Commission Resolution No. 1018-20
c - COUNCIL READING FILE - Planning Commission Resolution No. 1019-20
d - Vicinity Map
e - COUNCIL READING FILE - Vesting Tentative Parcel Map
f - COUNCIL READING FILE - Parcel Map 19-0081
g - Subdivision Agreement - PM SLO 19-0081
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R _____
RESOLUTION NO. ______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL PARCEL
MAP FOR PARCEL MAP SLO 19-0081 (3700 RANCH HOUSE ROAD)
WHEREAS, the City Council made certain findings concerning the tentative parcel map for
Parcel Map SLO 19-0081, as prescribed in SBDV-0826-2019 and ARCH-0825-2019; and
WHEREAS, all the requirements and conditions of said SBDV-0826-2019 and ARCH-0825-
2019 that are applicable to Parcel Map SLO 19-0081 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 Parcel Map SLO 19-0081 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 Parcel Map SLO 19-0081 is found to be in substantial
conformity with the tentative map.
SECTION 2. The Subdivision Agreement for Parcel Map SLO 19-0081 is hereby approved.
SECTION 3. Approval of the final map for Parcel Map SLO 19-0081 is hereby granted.
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Resolution No. _______ (2021 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 _______________ 2021.
____________________________________
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
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City of San Luis Obispo, Commu nity Devel opmen t, 919 Palm S tree t, San Luis Obispo, CA, 93401-3218, 805.7 81.7170, slocity.o rg
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SUBDIVISION AGREEMENT – PM SLO 19-0081
THIS AGREEMENT is dated this ______ day of _____________2021 by and
between JPA Investments, LLC, a California Limited Liability Company, Owner, 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 Parcel Map SLO 19-0081, City of San Luis Obispo,
California, as approved by the City on the ______ day of _________________, 2021.
The Subdivider desires that said Parcel Map SLO 19-0081 be accepted and
approved 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 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, GUTTER, SIDEWALK, DRIVEWAY APRON
2. STREET BASE AND SURFACING
3. WATER SERVICES AND SEWER LATERALS
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4. DRAINAGE STRUCTURES
5. 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.
The above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by the City Engineer and/or Director of Public Works.
The lines and grades for 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 parcel 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.
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
City and has paid the necessary fees as indicated on the attached Exhibits 1 and 2.
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Setting of new survey monuments or resetting of disturbed monuments 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 $__________ which is
the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date of written
notice from the Public Works Director stating that said improvements have been accepted
according to said plans and specifications, and any approved modifications thereto, and
that the faithful performance security can be released. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement.
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“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($___________) 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 Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
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
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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.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
JPA Investments, LLC,
a California Limited Liability Company
By: ____________
Name: Joshua E. Peterson Date
Title: Manager
CITY OF SAN LUIS OBISPO
_
DIRECTOR OF PUBLIC WORKS Date
Matt Horn
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EXHIBIT 1
PARCEL MAP SLO 19-0081
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation security in the amount of $_,___ to
guarantee the installation of survey monuments in accordance with the approved map and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumenation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771. N/A, no monuments to set.
2. Park-in-lieu fees shall be 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 per the fee schedule in effect at that time.
4. 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.
5. The subdivider shall comply with all requirements / conditions of approval approving the
tentative parcel map for minor subdivision, (Condominium Resolution 1018-20 and VTM
Resolution 1019-20).
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EXHIBIT 2
PARCEL MAP SLO 19-0081 - FEE AND BOND LIST
3700 RANCH HOUSE ROAD
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $_________
Bond
XXX Can be released upon City acceptance of
improvements, deposit of one-year
warranty surety, and approval of record
drawings.
Labor & Materials (50% of total cost of
improvements
$_________ Bond XXX Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee N/A $______ CD
Can be released upon verification that
monuments have been set and surveyor
has been paid. NO MONUMENTS TO
SET
10% Warranty
To be collected prior to release of
Faithful Performance Bond
Can be released one-year after
acceptance of improvements, if no
defects, and approval of record
drawings.
Fees:
Map Check Fee $7,074.94 Check 2020 Paid in full
Plan Check Fee Check XXX TBD based on fee schedule from
engineers estimate
Improvement Plan Inspection Check XXX TBD based on fee schedule from
engineers estimate
Park Fees1 $311,377.60 Check XXX Calculation:
Parkland In-Lieu Fee $2,384.01 per
multi-family condominium.
Parkland Development Fee $5,400.43
per multi-family condominium.
(Parkland In-Lieu Fee + Parkland
Development Fee) x 40 units =
$311,377.60
(Note: fees may increase if Park fees are
paid instead with building permits)
Affordable Housing Requirements See affordable housing agreement, if
any.
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.
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