HomeMy WebLinkAboutItem 08 - Approval of the Final Tract Map for Tract 3140 (1137 Peach St, FMAP-0542-2020) Department Name: Community Development
Cost Center: 4003
For Agenda of: April 20, 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 TRACT MAP FOR TRACT 3140, 1137 PEACH
STREET (FMAP-0542-2020)
RECOMMENDATION
Adopt a Resolution (Attachment A) approving the Final Tract Map for Tract 3140, 1137 Peach
Street, and authorize the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 3140 is located at 1137 Peach Street (Attachment D). A vesting tentative tract map for
Tract 3140 was approved by the City Council on September 1st, 2020, by Resolution No. 11162
(2020 Series). The vesting tentative tract map (Attachment E) approved a ten- lot residential
subdivision.
This tract map will create five new single- family home properties, adding to the existing five
homes, which were built in the early 1900’s, all built on two underlining parcels. The new tract map
creates 10 lots, five lots for the five existing houses, and five lots for the proposed houses, all in the
category of single- family residence (no condominiums or apartments).
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 1, 2022, unless the subdivider requests, and is granted, time
extensions from the City, pursuant to Municipal Code Section 16.10.155.
The final tract map for Tract 3140 (Attachment E) 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 tract map is in substantial conformity with the tentative tract map and approved
modifications thereof.
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The final tract map proposes to include ten-foot-wide public utility and street tree easements
along Peach Street and Toro Street frontage areas, which are described on the final tract map.
The tract map also shows the new location of private access, sewer, utility, and 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 tract 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 Tract Map No. 3140 on September 1,
2020 via Resolution No. 11162 (Attachment 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.
Resolution No. 11162 refers to the adopted Mitigated Negative Declaration of Environmental
Review for this Tract 3140, by which the standard air quality, and biological and cultural
resources, hazards and hazard materials, noise mitigation and tribal cultural resources conditions
are to be followed and noted on grading and construction plans.
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FISCAL IMPACT
Budgeted: n/a Budget Year: 2020-21
Funding Identified: n/a
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 tract map for
Tract 3140. The existing driveway aprons on Peach Street and Toro Street to be reconstructed to
City standards and street trees being installed along Toro Street, and the new water services will
result in a minimal increase in maintenance costs upon acceptance of the improvements by the City.
This cost will be included in the annual budget appropriation of the responsible departments. The
remainder of the subdivision improvements will be privately maintained.
ALTERNATIVES
Deny approval of the final parcel map. Denying approval of the final tract 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 - Vicinity Map
c - COUNCIL READING FILE - Resolution No. 11162 (2020 Series)
d - Tentative Map
e - COUNCIL READING FILE - Tract 3140 Final Map
f - Subdivision Agreement Draft
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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 MAP FOR TRACT 3140
(1137 PEACH STREET, FMAP-0542-2020)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3140, as described in Resolution No. 11162 (2020 Series); and
WHEREAS, the subdivider has requested that the Council approve the final map for
Tract 3140; and
WHEREAS, the maintenance within Tract 3140 shall be open to the public as emergency
access and maintenance/inspections of utilities; and
WHEREAS, the owners of lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Tract 3140, their heirs and
assigns will be jointly responsible to improve, maintain and keep in repair, common driveway, per
easement agreement to record concurrently with the Tract 3140 Final map; and
WHEREAS, the subdivider will submit appropriate securities to guarantee installation of
the required subdivision improvements as shown on the approved plans prior to map recordation,
and the required fees will be received prior to map recordation, as provided in the Subdivision
Agreement; and
WHEREAS, all requirements, conditions and mitigation measures from Tract 3140
required per said Council Resolution No. 11162 (2020 Series) approving the Tract 3140 tentative
map, have been completed or appropriate securities will be in place to guarantee their completi on
prior to Tract 3140 map recordation; and
WHEREAS, none of the improvements being constructed by Tract 3140 are off-site and there
are no stand-alone projects that are required to be accepted for maintenance by the City prior to
completion of the remaining subdivision improvements; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3140 is found to be in substantial conformance with
the tentative map.
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Resolution No. ______ (2021 Series) Page 2
SECTION 2. The Mayor is authorized to accept easements for Private Access, Sewer, Utility,
Drainage, Street Trees and Public Utilities on Tract 3140 in a form acceptable to the Public Works
Director and the City Attorney; and
SECTION 3. Approval of the final map for Tract 3140 shown in Attachment A of the staff
report is hereby granted with the understanding that minor changes to the final map for technical
accuracy and condition compliance may still be needed. The Public Works Director is authorized to
approve these changes and record the map when it is deemed to be complete and all conditions and
mitigation measures are complied with.
SECTION 4. The Mayor is authorized to approve revisions to the Subdivision Agreement
for Tract 3140 and execute the agreement in a form substantially shown in Attachment E of the staff
report.
SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
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Resolution No. ______ (2021 Series) Page 2
SECTION 6. Environmental Review (ARCH-0568-2019/SBDV-0571-2019/EID-0800-
2019) constitute the complete environmental determination for the project. The final map is
substantially in conformance with the tentative map evaluated with these prior environmental
determinations. 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.
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 - TRACT 3140
THIS AGREEMENT is dated this ______ day of ___________202___ by and
between GOSLO, LLC, a California limited liability company, 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 3140, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 202___.
The Subdivider desires that said Tract No. 3140 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 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.
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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.
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.
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The Subdivider does also agree to comply with the conditions established by the
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 $___________ shown in
Exhibit 2, which is the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
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Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% ($_________) 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.
If off-site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the subdivider shall exhaust all avenues available to
acquire said off-site dedication. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off-site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off-site dedication, including, but not limited to, all costs associated with condemnation
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through the condemnation process. Prior to proceeding with the condemnation process,
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not and
cannot guarantee that the necessary property rights can be acquired or will, in fact, be
acquired. All necessary procedures of law would apply and would have to be followed.
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.
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IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
GOSLO, LLC
a California limited liability company
MAYOR Heidi Harmon
Levi Seligman, Manager
ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY J. Christine Dietrick
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EXHIBIT 1
TRACT 3140
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $2,000 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 fees shall be paid, as listed 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 Council Resolution 11162 (2020
Series) approving the tentative map.
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EXHIBIT 2
TRACT 3140 - FEE AND BOND LIST
1137 Peach Street
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $_________
Bond xxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
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 $2,000
CD xxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty $_________
Bond, CD,
Letter of
Credit
To be
collected prior
to release of
Faithful
Performance
Bond
Can be released one-year after
acceptance of improvements, if no
defects.
Fees:
Map Check Fee $17,331.98 Check 10/30/20 Paid in full
Improvement Plan Check Fee To be collected with building permits
Improvement Plan Inspection Fee To be collected with building permits
Park Fees1 $31,683.53 Check xxx (fee calculated 12/4/20)
Affordable Housing Fee $21,875.00 Check xxx No affordable SFR planned (fee
calculated 12/2/20)
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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