HomeMy WebLinkAboutR-11514 approving the Final Map for Tract 3136 Phase 1 (3580 Bullock Lane SBDV-0490-2019)R 11514
RESOLUTION NO. 11514 (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 3136 PHASE 1 (3580 BULLOCK LANE, SBDV-0490-2019)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 3136 Phase 1, as prescribed in Resolution No. 11299 (2022 Series); and
WHEREAS, the City approved an Affordable Housing Agreement with the subdivider
for two (2) deed restricted affordable housing units for the Bungalows in Phase 1, as
prescribed in Resolution No. 11299 (2022 Series). The agreement was approved by the
director of Community Development and 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 Phase 1 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 Mayor is authorized to execute a Subdivision Agreement for Tract
3136 Phase 1 in a form subject to the approval of the City Attorney.
SECTION 3. Approval of the final map for Tract 3136 Phase 1 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take all action necessary to
carry out the intent of this resolution.
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Resolution No. 11514 (2024 Series) Page 2
R 11514
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).
On motion of Council Member Francis, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of August 2024.
___________________________
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
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SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1
THIS SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1 (“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 PHASE 1, City of San Luis
Obispo, California, as approved by the City Council on the 20th day of August 2024.
The Subdivider desires that said Tract 3136 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 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 dated September 11, 2023, which are on file in the office of the City
Engineer, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
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3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. 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 Resolution
Number 11299 approved by the City Council on January 11, 2022 (“Project
Approvals”).
All of the Improvements shall be installed per the plans and specifications referenced
above and any modifications thereto approved by the City Engineer (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 PHASE 1 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
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securities 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 of approval set forth
in the Project Approvals. Subdivider 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 of San Luis Obispo, and conditioned upon the faithful performance of
this Agreement. As shown in Exhibit 2, said instrument(s) of credit or bond shall be in the
amount of $1,649,500 for the public portion of the Improvements and $5,777,000 for
the private portion of the Improvements.
Completion of the Improvements shall be deemed to have occurred on the date
which: (a) the City Engineering Division accepts the public portion of the Improvements per
the Approved Plans (“Final Acceptance”); and, (b) the City Building Division approves the
private portion of the Improvements per the Approved Plans (“Final Inspection”). 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.
Subdivider agrees to remedy any defects in the Improvements arising from faulty
workmanship or materials or defective construction of: (a) the public portion of the
Improvements occurring within twelve (12) months after Final Acceptance; and, (b) the
private portion of the Improvements occurring within twelve (12) months after Final
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Inspection. 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.
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 above-described subdivision improvements
($824,750 and $2,888,500) 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 the
Project Approvals 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
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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.
[signatures on following page]
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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
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EXHIBIT 1
TRACT 3136 PHASE 1
SUBDIVISION AGREEMENT
1. The Subdivider 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 Phase 1 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)
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EXHIBIT 2
TRACT 3136 PHASE 1 - FEE AND BOND LIST,
BULLOCK LANE
Bonds and Guarantees:
Amount Form Date
Received
Bond Release Status
Faithful Performance:
1. OFF-SITE IMPROVEMENTS (PIPs)
(FMAP-0177-2022)
$1,649,500 Bond Based on Engineer’s estimate of
probable cost, minus minor items
subtracted. To be released upon Final
Acceptance.
2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$5,777,000
Bond Based on Engineer’s estimate of
probable cost, minus % of early grading
and minor other items, round to the
nearest $10,000. To be released upon
Final Inspection.
3. Monument Guarantee $12,400
Bond
or CD
To 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)
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.
To be released upon Final Acceptance
and evidence that lien rights have
expired.
2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$5,777,000 / 2
= $ 2,888,500
Bond To be released upon Final Inspection and
evidence that lien rights have expired.
10% Warranty To be collected prior to release of
Faithful Performance Bonds
To be released one-year after Final
Acceptance or Final Inspection as
applicable, if no defects, and approval of
record drawings.
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Fees:
Amount Form Date
Received
Status
1. Map Check Fee (Paid)
$18,562.00 Check 2022 Paid
(covers original map check)
Additional Map Check Fee (Paid)
$11,200.00 Check December
2023
Paid
(covers Phase 1 recheck and remainder
parcel check)
2. 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
(covers Phase 1 and future Phase 2)
Phase 1 Plan check Fees
(additional fee for splitting into two
phases)
For all on-site and off-site applicable
items from case FMAP-0177-2022
$27,300.00 Check
December
2023
PAID IN FULL, December 2023
Based on approved construction
estimates
(covers Phase 1 and future Phase 2)
3. Construction Inspection Fees
For all of Phase 1 on-site and off-site
applicable items from case FMAP-0177-
2022, and new plan revision case FMAP-
0642-2023
$194,844.54
Revised for only
Phase 1 on
1/16/24
Based on approved construction
estimates.
(covers Phase 1 Only)
4. Roadway Maintenance Fee $15,000
To be deposited in Acct # 40050300-
90346953 Streets Reconstruction and
Resurfacing Master per Matt Horn
(covers Phase 1 and future Phase 2)
5. Parkland In-Lieu Fee:
- OASP Parkland Reimbursement
Payment
(Parkland dedicated by Righetti Ranch.
Bullock Ranch is benefiting property and
required to make “Reimbursement
Payment” under the Parkland
Reimbursement Agreement between City
and Righetti Ranch, L.P.)
$422,400
$4,400 per unit per updated Table 9 of
the OASP PFFP (R-10850, 2017
Series). Phase 1 unit count is 96.
Amount covers Phase 1 only.
Due at time of recording subdivision
map for Phase 1. Amount for Phase 2
will be due at recording of Subdivision
map for Phase 2. Should total number
of units change for either phase, the
amount will need to be re-calculated.
City shall deposit funds collected to
GL String: 511.9503.47203
6. Parkland Development Fee (Orcutt Area) $TBD
Pay current fees in effect based on
permit application date. Due at building
permit issuance.
City shall deposit funds collected to
GL String: 511.9504.47201
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7. Public Infrastructure Reimbursement
Payment
(Righetti Ranch is installing public
infrastructure in greater size and capacity
than required. Bullock Ranch is
benefiting property and required to make
“Infrastructure Reimbursement Payment”
under the Infrastructure Reimbursement
Agreement between City and Righetti
Ranch, L.P.)
$116,763 + 2%
interest per year
from the date
the City accepts
the Public
Improvements
which was
10/22/2019
($2335.26/ yr -
OR- $194.61/mo
-OR- $6.40/ day)
Per the Righetti Ranch Infrastructure
Reimbursement Agreement, Exhibit A
Amount was re-calculated September
2023 by City Financial Analyst & City
Engineers. Amount covers Phase 1 and
Phase 2. Should total number of units
change for either phase, the amount will
need to be re-calculated.
Due at final map recording for Phase 1.
8. Other Impact Fees:
Transportation Impact fees:
- OASP Base TIF (vested after
7/1/2018)
- OASP Add-on TIF (vested after
7/1/2018)
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at building
permit issuance.
Utility Impact fees:
- Water
- Wastewater
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at building
permit issuance.
Emergency Services Impact Fees:
- Police
- Fire
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at building
permit issuance.
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
Reimbursement Agreement Fee
SBDV-0490-2019
$19,220.86
Pay prior to map recordation. Invoiced
7/25/24
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