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HomeMy WebLinkAboutItem 5f. Approval of the Final Map for Tract 3136, 3580 Bullock Lane (SBDV-0490-2019) Item 5f Department: Community Development Cost Center: 4003 For Agenda of: 12/5/2022 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Steve LaChaine, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3136, 3580 BULLOCK LANE (SBDV-0490-2019) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3136 (3580 Bullock Lane, SBDV-0490-2019),” and authorizing the Mayor to execute a Subdivision Agreement in a form subject to the approval of the City Attorney. POLICY CONTEXT This item supports the development of 192 housing units, which directly advances a Major City Goal for additional housing needs. City Council approval is required for subdivision final maps pursuant to Government Code 66458(a). DISCUSSION Background Tract 3136 (SBDV-0490-2019), commonly known as Bullock Ranch, is located at 3580 Bullock Lane (Attachment A) in the Orcutt Area Specific Plan (OASP) area. A vesting tentative tract map for Tract 3136 was approved by the City Council on January 11, 2022, by Resolution No. 11299 (2022 Series). The tentative map (Attachment B) approved a 192-unit mixed-use development, including seven live/work units, a 585-square-foot commercial unit, on-site parking, and other residential community amenities for the subdivider (Bullock Ranch, LLC) to develop. The final map creates a total of 14 lots on the 10.93-acre site. The tentative map and project conditions of approval included the finished buildout of Bullock Lane as a public collector street from its existing southerly terminus south of Orcutt Road to the recently constructed roundabout at Tiburon Way/Bullock Lane/Righetti Ranch Road, providing new connectivity between Orcutt Road and the Orcutt Specific Plan Area. The developer was successful in acquiring the necessary private right-of-way required for these improvements and is required to complete construction prior to occupancy of the development. Page 199 of 325 Item 5f The tentative map and Condition of Approval 83 required the developer to design and construct an extension of the Railroad Safety Trail shared-use path between Tiburon Way and Orcutt Road along the west side of Bullock Lane, parallel to the Union Pacific Railroad (UPRR) tracks. However, this condition was contingent on the City acquiring the necessary easements from UPRR needed to construct the facility. Unfortunately, after nearly two years of coordination and negotiations betwe en UPRR and City staff, UPRR ultimately rejected the City’s request for the easement needed to construct the shared-use path extension. Instead, UPRR has requested that the City first complete a series of improvements to the existing at-grade rail crossing on Orcutt Road before they will grant the easements needed for the shared -use path extension, such as the installation of additional flashers, medians, ADA improvements, and other minor improvements related to striping and signage. The developer has substantially completed the design for the path extension per the project conditions of approval, however, they are no longer obligated to construct the facility due to the lack of the required easement. Instead, they will provide all design materials to the City and pay their fair share financial contribution towards future construction of these improvements by the City through participation in the Citywide and Orcutt Subarea Transportation Impact Fee programs. As part of the City’s 2023 -25 Financial Plan, funding was allocated for City staff to initiate design work for the Orcutt Road rail crossing improvements requested by UPRR as a condition of the granting the easement. The Financial Plan also allocated funding for construction of the shared -use path extension as a City-led capital improvement project. The Tract 3136 map will create the following units, lots and easements: 1. 12 lots for 192 multi-family condominium units and one commercial unit. 2. Common areas for parking, private streets, and private drive aisles. 3. Easement for vehicular, pedestrian, bicycle access and utilities. 4. 2 lots for shared access. Subdivision Improvements The public improvements required for this subdivision consist of street and utility improvements to Bullock Lane and Ranch House Road along the project frontage and to Bullock Lane extending north approximately 300 feet. Access to the subdivision is provided via Bullock Lane on the west side , and on the east side of the project, Sponza Drive extends into the project site as a private street, creating a four-way intersection at the intersection of Sponza Drive and Ranch House Road. All of the in -tract utilities and streets will be privately owned and maintained. The scope of the proposed subdivision improvements to be constructed with Tract 3136 are consistent with the approved project entitlements and conditions of approval, except for the bicycle and pedestrian path along the railroad right-of-way, which has been deferred due to the inability to come to an agreement with UPRR as explained above. Excerpted plan sheets for the improvements are shown in Attachment C. Page 200 of 325 Item 5f Affordable Housing As identified in Condition #18, the City is actively working with the Subdivider to complete the Affordable Housing Agreement. The Agreement outlines the inclusionary units between required for the project. The number and type of inclusionary units are consistent with the requirements of Housing Element policy 4.1, Municipal Code Section 17.138.040 and policies 3.3.1 through 3.3.7 of the Orcutt Area Specific Plan (OASP). Notably, OASP Policy 3.3.5 exempts the Community Commercial Mixed-Use portions of any project from Inclusionary Housing requirements. Resolution No. 11299 (2022 Series) Condition No. 18 identifies that seven (7) deed restricted affordable units are required within he project (2 low and 5 moderate income households). The agreement will be reviewed and approved by the Community Development Director and be recorded concurrent with recordation of the final map. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150, therefore, this vesting tentative map originally had an expiration date of October 27, 2023. The expirations of tentative map approvals were automatically extended 18 months pursuant to City Council Resolution 11264 related to Covid-19 emergency actions which extended the tentative map approval for Bullock Ranch to August 28, 2024. The draft final map for Tract 3136 (Attachment D) is ready for review and approval and then to be 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 t he tentative map. 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.” In other words, the approval of a final map is considered a ministerial because approval is required if the final map is in substantial conformance with the approved tentative map. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in t he Subdivision Agreement (Attachment F). The resolution approving the final map (Attachment G) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. CONCURRENCE The Public Works Department and Natural Resources Manager concur with the recommended action. Page 201 of 325 Item 5f ENVIRONMENTAL REVIEW The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified by City Council on March 2, 2010. The Bul lock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project -specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted by City Council Resolution 11299 on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. 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: Yes/No Budget Year: 20XX-2X Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing 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 3136. The public improvements that will be constructed with this tract will result in an increase in maintenance costs for the public street improvements, water/fire services, 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. The interior access roads/drive aisles, on-site utilities, and stormwater improvements are private and will be maintained by the property owners/Homeowners Association. Page 202 of 325 Item 5f 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). Since the final map is in substantial compliance with the tentative map, 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 - Vicinity Map B - Vesting Tentative Tract Map C - Subdivision Improvement Plans – Excerpt D - Draft Final Map E - Draft Subdivision Improvement Agreement F - Draft Resolution Approving Final Map Page 203 of 325 Page 204 of 325 VICINITY MAP TRACT 3136 NOT TO SCALE Page 205 of 325 Page 206 of 325 OHOHOHOHOHOHOH ARVAPN 053-061-053225230235 223224226 227228229 231 231 231 232233233233 234 236237 23223223222223233223232232232232232232232232233223223223222232233 N 32°01'02" W 231.32'50'50'30'27'100'57'PIPE LINES EASEMENT2348/OR/112SLOPE MAINTENANCE EASEMENT31/OR/409STREET RIGHT-OF-WAYDOC #17-24305PUBLIC ROAD/UTILITYDOC #90-3826022' SEWER EASEMENTDOC #17-24306 (TO BE ABANDONED)PIPE LINES EASEMENT2348/OR/112PUBLIC STREET/UTILITIESDOC #17-25192STORM DRAIN EASEMENTDOC #17-24540TO BE ABANDONEDFO REFFO '03NOITACIDED27' OFFER OFNOITACIDED53.19'204.00'180.00'182.00'152.83'193.42'240.14'59.00'163.47'158.33'79.28'225.00'224.90'79.30'158.34'240.25'222.30'(E) PARCEL LINETO BE DELETEDSTREET IMPROVMENTSPER APPROVED PLANSTYPSTREET IMPROVMENTSPER APPROVED PLANSTYPPROPOSED AIRSPACECONDOMINIUM TYPPHASE 1PHASE 2PHASE 1PHASE 2PHASE 1PHASE 2335,707 SF219,639 SF913,046 SF831,713 SF443,243 SF546,590 SF1134,375 SF1012,118 SF1241,880 SF1350,146 SF1424,199 SF631,713 SF729,424 SF136,851 SFPROPOSED AIRSPACECONDOMINIUM TYP8' PRIVATEDRAINAGEEASEMENT6' DRAINAGE EASEMENT TO BENEFIT APN 076-481-007 PROPOSED AIRSPACECONDOMINIUM TYPPROPOSED AIRSPACECONDOMINIUM TYPZONED 'MIXED USE/NEIGHBORHOODCOMMERCIAL (SHADED AREA)SPONZA PL'B' STREET'B' STREET'C' STREETCOURT '1'COURT '2'COURT '4'COURT '3'COURT '5'COURT '6''C' STREETCOURT '11'COURT '10'COURT '9'COURT '7'COURT '8'SPONZA PL'A' STREET'A' STREETArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comBullock RanchSAN LUIS OBISPO, CA # 2018-1068Vesting Tentative Tract 3136SEPTEMBER 28, 2021NORTH40 20 0 40 80SCALE: 1" = 40'B U L L O C K L NU P R RProposed Parcel IndexLotPhaseArea (sf)Condominiums1136,85102119,63983134,707104143,243185146,590166131,713127129,424128131,843129113,046810212,118011234,3753012 241,8802413250,1462414 224,19918OFFERS -25,161-TOTAL -475,935192Existing Parcel IndexPriorAPN Gross NetOWNERPRIORCURRENTLOTSFACRESFACREAnderson 076-481-008 004-705-009PORTION LOT133 1/LS/92237,9305.46231,7395.32Evans076-491-008 053-061-053PORTION LOT134 1/LS/92238,0055.46219,9745.05TOTAL475,93510.93451,71310.37SANDPIPER INVESTMENTS (PRATT)APN 004-705-010PEPPERTREE PROPERTIES (JONES)APN 004-709-026, -027, -028TRACT 3066PSSHAPN 053-061-057MUICKAPN 004-705-005TRACT 3044SANDPIPER INVESTMENTS (PRATT)APN 053-061-056TRACT 3111BLANKET EASEMENT NOTE:ALL ON-SITE AREAS EXCEPT BUILDINGS, PRIVATE PATIOS/PORCHES,AND FENCED REAR YARDS ARE RESERVED FOR COMMON USE, PUE,PRIVATE ACCESS, UTILITY, SEWER, WATER, AND DRAINAGE EASEMENTS.PRIVATE RECIPROCALACCESS EASEMENTPRIVATE RECIPROCALPEDESTRIANACCESS EASEMENTTO THE NORTH OF THE OASP CITY OWNS LANDUNDER WESTERN 30 FEET OF BULLOCK LANEPage 207 of 325 Page 208 of 325 Page 209 of 325 Page 210 of 325 Page 211 of 325 Page 212 of 325 Page 213 of 325 Page 214 of 325 Page 215 of 325 Page 216 of 325 Page 217 of 325 Page 218 of 325 Page 219 of 325 Page 220 of 325 1 SUBDIVISION AGREEMENT – TRACT 3136 THIS SUBDIVISION AGREEMENT – TRACT 3136 (“Agreement”) is dated __________________________ by and between BULLOCK RANCH, 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 3136, City of San Luis Obispo, California, as approved by the City Council on the _____ day of ______________, 20___. The Subdivider desires that said Tract 3136 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 set forth in this Agreement. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider, or assignee, does hereby agree to construct and install the following subdivision improvements (collectively, the “Improvements”), in accordance with said subdivision regulations and the approved plans and specifications on file in the office of the City Engineer, 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. Page 221 of 325 2 4. LANDSCAPING 5. DRAINAGE STRUCTURES 6. STREET LIGHTS 7. 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 Subdivider has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project approvals. All of the Improvements shall be installed per the plans and specifications as approved by said City Engineer and any approved modifications (the “Approved Plans”). The lines and grades for all of said Improvements shall be established by the Subdivider in accordance with the Approved Plans. The Subdivider agrees that the work of installing the Improvements shall begin within Ninety (90) days from the date of recording of the Tract 3136 final map, and that the work shall be completed within Twenty-Four (24) months of said recording date, unless an extension has been granted by the City; the grant of any such extension shall not be unreasonably withheld by the City. Subdivider further agrees to annually renew the securities guaranteeing the Improvements until such time as the Improvements are complete and accepted by the City. It is further 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 securities Page 222 of 325 3 filed with the City pursuant to this Agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. 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 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 faithful performance of this Agreement, instrument(s) of credit or bond approved by and in favor of the City. Said instrument(s) of credit or bond is/are in the amount(s) shown in Exhibit 2, which is the amount of the estimated cost of the 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 the City Department of Buildings Final Checkoff of the Improvements. 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 Improvements shall be deemed to have occurred on the date of Final Acceptance of the Improvements per the Approved Plans for the public improvement plans, and the date of final inspection by the Building Division for the private Page 223 of 325 4 improvements. Neither periodic nor progress inspections or approvals shall bind the City to accept the Improvements or waive any defects in the same or any breach of this Agreement. If the Subdivider fails to complete the Improvements within the prescribed time, the Subdivider agrees that City may, at its option, declare any instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete the Improvements, or City may complete said Improvements and recover the full cost and expense thereof from the Subdivider or its surety. The Subdivider has deposited with the City a labor and materials surety or sureties in the amount of 50% of the Improvements in accordance with State law. Said Subdivider shall pay an inspection fee for City to inspect the installation of said Improvements, and to verify that they have been completed in accordance with the Approved Plans. If off-site dedication of property is necessary to facilitate the construction of the required Improvements, the Subdivider and City shall adhere to the requirements of Resolution Number 11299 approved by the City Council on January 11, 2022, with regards to acquiring said off-site dedication. 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 Page 224 of 325 5 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. [signatures on following page] Page 225 of 325 6 IN WITNESS WHEREOF, this Agreement has been executed by: SUBDIVIDER BULLOCK RANCH, LLC, a California limited liability company ____________________________ Barry Ephraim, Manager ____________________________ John Young, Manager CITY OF SAN LUIS OBISPO ___ Mayor Erica A. Stewart ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: __ J. Christine Dietrick, City Attorney Page 226 of 325 7 EXHIBIT 1 TRACT 3136 SUBDIVISION AGREEMENT 1. The Subdivider has shall deposit a monumentation security in the amount of $12,400 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 monumentation 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. 2. Park in-lieu fees (parkland Quimby fee) for the multi-family Tract 3136 are to be paid prior to final map recordation per this Subdivision Agreement. The Park Improvement fees are deferred to time of building permit issuance per the conditions of approval of Tract 3136. 3. The Subdivider shall pay a roadway maintenance fee to satisfy the roads maintenance requirements of the City, specifically maintenance caused by a surplus of heavy vehicles during the temporary construction activities of the project. The fee of $15,000 was estimated and approved by the City Engineer in accordance with City Engineering Standards and guidelines. 4. The subdivider shall comply with all requirements of City Council Resolution No. 11299 and Council Resolutions related to approval of the tentative map, approving the Orcutt Area Specific Plan, and certifying the Final Environmental Impact Report. (3580/3584 BULLOCK LANE FILE #ARCH-0489-2019, SBDV-0490-2019, EID-0345-2020) Page 227 of 325 8 EXHIBIT 2 TRACT 3136 - FEE AND BOND LIST, BULLOCK LANE Amount Form Date Received Bond Release Status Bonds and Guarantees: Faithful Performance: Can be released upon Building Final Checkoff of private subdivision improvements. 1 OFF-SITE IMPROVEMENTS (PIPs) (FMAP-0177-2022) $1,649,500 Bond Based on Engineer’s estimate of probable cost, minus minor items subtracted. ON-SITE IMPROVEMENTS (FMAP-0177-2022) $6,180,000 Bond Based on Engineer’s estimate of probable cost, minus % of early grading and minor other items, round to the nearest $10,000 2 Monument Guarantee $12,400 Bond or CD Can be released upon verification that monuments have been set and surveyor has been paid. Labor & Materials (50% of cost of each of the above improvements) Can be released 90 days after Building Final Checkoff of private subdivision improvements, if no claims. (Civil Code Section 8412) Amount Form Date Received Bond Release Status 1 OFF-SITE IMPROVEMENTS (PIPs) (FMAP-0177-2022) $1,649,500 / 2 = $ 824,750 Bond Based on Engineer’s estimate of probable cost, divided by two. 2 ON-SITE IMPROVEMENTS (FMAP-0177-2022) $6,180,000 / 2 = $ 3,590,000 Bond 10% Warranty To be collected prior to release of Faithful Performance Bonds Can be released one-year after Building Final Checkoff of private subdivision improvements, if no defects, and approval of record drawings. Page 228 of 325 9 Fees: Amount Form Date Received Status Map Check Fee (Paid) $18,562.00 Check Paid 1. Improvement Plan check Fees For all on-site and off-site applicable items from case FMAP-0177-2022 $102,114.55 Check May 2023 PAID IN FULL, MAY 2023 Based on approved construction estimates 2. Construction Inspection Fees For all of on-site and off-site applicable items from case FMAP-0177-2022 Amount $288,000.84 Form Received Status Based on approved construction estimates Roadway Maintenance Fee $15,000 To be deposited in Acct # 40050300- 90346953 Streets Reconstruction and Resurfacing Master per Matt Horn “Park In-Lieu Fees” for multi-family units $690,724 Lump sum, Per Righetti Ranch Reimbursement Agreement . City shall deposit check to GL String 501.9104.47203 “Park Development Fees” for multi- family units (Orcutt specific area) To be collected with building permits Number of Units x current fee. Fee shall be the amount on the most current fee schedule. To be collected with building permits. Funds collected to go to GL String 511.9104.47201 Public Infrastructure reimbursement Agreement Fee $116,763 Per Righetti Ranch Reimbursement Agreement. Amount was Recalculated September 2023 Amount Form Date Received Other Impact Fees: Transportation Impact fees With building permits Plus OASP Add On Water and Sewer Impact fees With building permits Other typical Impact fees created with building permits With building permits Affordable Housing Requirements See Affordable Housing Agreement Planning Fees for ARCH-0489-2019 $10,619.22 Pay prior to map recordation. Invoiced 11/21/23 Page 229 of 325 Page 230 of 325 R _____ RESOLUTION NO. ___________ (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3136 (3580 BULLOCK LANE, SBDV-0490-2019) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 3136, as prescribed in Resolution No. 11299 (2022 Series); and WHEREAS, the City is actively working with the subdivider on an Affordable Housing Agreement for seven (7) deed restricted affordable housing units, as prescribed in Resolution No. 11299 (2022 Series). The agreement will be recorded concurrent with recordation of the final map; and WHEREAS, all the requirements, conditions and mitigation measures of said Resolution No. 11299 (2022 Series) will be completed or appropriate securities will be in place prior to map recordation to guarantee their completion; and WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The Bullock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project. 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 3136 is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement for Tract 3136 is approved and the Mayor is authorized to approve minor revisions to the agreement and execute the document. SECTION 3. Approval of the final map for Tract 3136 is hereby granted. SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Page 231 of 325 Resolution No. _________ (2023 Series) Page 2 R _____ SECTION 5. Environmental Review. The 2010 Final Environmental Impact Report for the Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative Tract Map 3136 constitute the complete environmental determination for the project. 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). Upon motion of _______________________, seconded by ____________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2023. ___________________________ Mayor Erica A. Stewart 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 Page 232 of 325