HomeMy WebLinkAbout06-10-2014 C10 Final Map for Tract 3011 Phase 1 - 301 Prado RdCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared By: Hal Hannula, Supervising Civil Engineer
Diane Dostalek, Engineering Consultant
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3011 PHASE 1,
301 PRADO (FORMERLY 400 PRADO ROAD) (TR 112-07)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 3011 Phase 1, 301 Prado Road (formerly 400
Prado), and authorizing the Mayor to execute the Subdivision Agreement on behalf of the City.
DISCUSSION
Background
Tract 3011 (TR 112-07) is located at 301 Prado Road (Attachment 1). A vesting tentative map for
Tract 3011 was approved by the City Council on November 3, 2009, by Resolution No. 10124
(2009 Series) (Attachment 2). The vesting tentative map (Attachment 3) approved a six-lot
subdivision, including five commercial lots, one open space lot, and provisions for air space
condominium ownership of spaces within the project buildings.
The approved tentative map shows a detention basin easement on Lot 6, which is one of the
commercial lots. This basin is proposed to be used for drainage and wetland mitigation purposes
for not only Tract 3011, but also other developments in the Margarita Area Specific Plan area,
including Tract 2342 at 392 Prado, Tract 2353 at 408 Prado, and Tract 2428 at 3000 Calle Malva
(collectively referred to as the Western Enclave). The subdividers of these tracts propose to have
the residential Homeowner’s Association (HOA) of Tracts 2342 and 2353 (collectively referred
to as Serra Meadows) be responsible for maintaining this basin. Financing agreements are being
created to ensure that the other basin users also pay their fair share of the basin maintenance
costs to the Serra Meadows HOA. The Serra Meadows subdivider has substantially completed
construction of the basin. In order for the HOA to maintain this basin, the Bureau of Real Estate
(BRE) has indicated that the lot must be owned in fee by the HOA.
As a first step in creating a separate fee parcel for the basin lot to transfer to the Serra Meadows
HOA, the subdividers of Tract 2342/2353 and Tract 3011 jointly requested that the Community
Development Director consider an amendment to the Tract 3011 tentative map to create a
separate lot for the basin parcel. The request also included approval to phase the map so the basin
lot can be created now to coincide with development of the Serra Meadows subdivisions, while
creation of the rest of the Tract 3011 lots and construction of the majority of the subdivision
improvements can be deferred to a later date.
On April 21, 2014, the Community Development Director, pursuant to Section 16.10.160 of the
Municipal Code, determined that adding an additional open-space lot just for the basin and
phasing the map in order to create the basin lot on a separate timeline than the rest of the
June 10, 2014
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APPROVAL OF THE FINAL MAP FOR TRACT 3011, PHASE 1,
400 PRADO ROAD (TR 112-07)
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subdivision is in substantial compliance with the originally approved tentative map because the
added lot will continue to be utilized for its original intention as a detention basin and is not a
buildable site (Attachment 4).
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. With the
automatic extensions granted by the State Legislature per Sections 66452.22, 66452.23, and
66452.24 of the Subdivision Map Act, this vesting tentative map now has an expiration date of
November 3, 2017. Filing of multiple final maps does not extend the life of the tentative map
unless off-site improvements of a certain value are constructed in accordance with
Section 66452.6 of the Subdivision Map Act. There are no off-site improvements required with
Tract 3011. The subdivider is allowed up to three additional years of time extensions per
Municipal Code Section 16.10.155. Barring any further extensions granted by the State
Legislature, and assuming the subdivider applies for and is granted the three years of time
extensions allowed by the City, the tentative map has an ultimate potential expiration date of
November 3, 2020. All phases of the final map must be filed and time extensions granted by that
date; otherwise a new tentative map will need to be processed by the subdivider.
Since the number and configuration of the multiple final maps was not defined with the initial
tentative map, the City has the authority to impose additional reasonable conditions related to the
phasing of the map. The resolution approving Phase 1 of the final map requires that the Prado Road
frontage improvements along the basin lot be completed. Easements for the collector road on the
east side of the tract are being dedicated with the Phase 1 map in order to facilitate orderly
development of the Margarita Area and Airport Area Specific Plans. Other Tract 3011 conditions
are being deferred to the next map phase. The City has the right to impose additional reasonable
conditions upon filing of future phases of the map.
The final map for Phase 1 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 map is in
substantial compliance with the tentative map and approved modifications thereof.
Section 66474.1 of the Subdivision Map Act 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 have been submitted to guarantee completion of the required subdivision
improvements as shown in the Subdivision Agreement (Attachment 5). The resolution approving
the final map (Attachment 6) also authorizes the Mayor to sign the Subdivision Agreement
requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department concurs with the recommended action.
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APPROVAL OF THE FINAL MAP FOR TRACT 3011, PHASE 1,
400 PRADO ROAD (TR 112-07)
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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
There is no significant financial impact to the City associated with approving the final map for
Tract 3011 Phase 1. However, the public improvements that will be constructed with this phase will
result in a minor increase in maintenance costs for the public streets upon acceptance of the
improvements by the City. The City previously prepared a fiscal impact analysis that concluded that
the demand for services in the Margarita Area would be offset by new revenue.
ALTERNATIVES
Deny approval of the final map. Denying approval of the final 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
1. Vicinity Map
2. Resolution No. 10124 (2009 Series)
3. Vesting Tentative Map
4. Substantial Compliance letter
5. Subdivision Agreement
6. Draft Resolution Approving the Final Map
T:\Council Agenda Reports\2014\2014-06-10\Final Map Approval for Tract 3011 Phase 1 (Johnson-Hannula)\Council Agenda Report.docx
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Attachment 3 C10 - 20
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ATTACHMENT 5
1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between Prado Park, LLC, 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 3011 Phase 1, City of San Luis
Obispo, California, as approved by the City Council on the ____ day of ___________,
201___.
The Subdivider desires that said Tract 3011 Phase 1 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. LANDSCAPING AND IRRIGATION
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ATTACHMENT 5
2
4. DRAINAGE STRUCTURES
5. 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 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 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 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 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
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ATTACHMENT 5
3
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 $50,000 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.
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
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ATTACHMENT 5
4
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 ($25,000) 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 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
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
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ATTACHMENT 5
5
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:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Prado Park, LLC
a California limited liability company
MAYOR Jan Marx
Walter Taylor, Member/Manager
ATTEST:
CITY CLERK Anthony Mejia
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ATTACHMENT 5
6
EXHIBIT 1
TRACT 3011 PHASE 1
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. The subdivider shall comply with all requirements of Council Resolution No. 10124 (2009
Series) approving the tentative map.
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ATTACHMENT 5
7
EXHIBIT 2
TRACT 3011 PHASE 1 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $50,000
xxx xxx
Labor & Materials (50% of total cost of
improvements
$25,000 xxx xxx
Monument Guarantee $2,500 CD or Letter of Credit xxx
Fees:
Map Check Fee $12,065 Check 3/25/14
Plan Check Fee $3,205 Check 4/7/14
Improvement Plan Inspection
Credit for overpayment of Plan Check Fee
Total Inspection Fee
$10,377
155
$10,532
Check
Credit
xxx
4/7/14
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R _____
RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 3011 PHASE 1
(400 PRADO, TR 112-07)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract No. 3011, as prescribed in Resolution No. 10124 (2009 Series); and
WHEREAS, the Community Development Director determined in a letter dated
April 21, 2014, that phasing the map and adding an additional non-buildable lot for the drainage
basin is in substantial compliance with the originally approved tentative map; and
WHEREAS, the City has the authority to determine the timing of the required
improvements and impose additional reasonable conditions related to the phasing of the map, since
the number and configuration of the multiple final maps was not defined with the initial tentative
map; and
WHEREAS, the subdivider has completed all required subdivision improvements or will
submit surety bonds 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; and
WHEREAS, all conditions required per said Resolution No. 10124 (2009 Series)
applicable to Tract 3011 Phase 1 have been met prior to final recordation of the map; and
WHEREAS, approval of a 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).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3011 Phase 1 as shown on the attached Exhibit is
found to be in substantial compliance with the tentative map, subject to the following conditions:
1. The Subdivider shall dedicate an easement for the west half of the future
collector road on the east side of the tract along with a corresponding public utility easement and
street tree easement as a condition of Phase 1 map recordation.
2. The Subdivider shall construct frontage improvements along the Lot 1
frontage of Prado Road as a condition of Phase 1 map recordation.
3. The Subdivider shall process an Avigation Easement with the County of
San Luis Obispo across Lot 1 and Remainder lot as a condition of Phase 1 map recordation.
4. The Subdivider shall dedicate an easement for a future sewer and bike
path across Lot 1 and Remainder lot as a condition of Phase 1 map recordation.
ATTACHMENT 6
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Resolution No. (2014 Series)
Page 2 ATTACHMENT 6
SECTION 2. The Subdivision Agreement for Tract 3011 Phase 1 is hereby approved.
SECTION 3. Approval of the final map for Tract 3011 Phase 1 is hereby granted.
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 _______________ 2014.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick
City Attorney
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