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HomeMy WebLinkAbout01/09/2001, C9 - FINAL MAP APPROVAL FOR TRACT 2330 [EL CAPITAN WAY; KELLY GEARHART, SUBDIVIDER]council M..ftD� /- 9 200 acEnba RepoRt C9 C I T Y O F S A N L U I S O B I S P O FROM: Michael D. McCluskey, Director of Public Works Prepared By: Jerry Kenny, Supervising Civil Engine SUBJECT: Final Map Approval for Tract 2330 [El Capitan Way; fly Gearhart, Subdivider] CAO RECOMMENDATION: Adopt resolution approving the Final Map for Tract 2330 and authorizing the Mayor to execute the subdivision agreement. DISCUSSION: A `westing" tentative map for Tract 2330 was approved on Oct 5, 1999 per Resolution No. 8971 (1999 Series) to create 6 residential lots. Improvement plans have been approved by the Public Works Department, which basically only include the required utility services on El Capitan Way to meet City standards (sewer, water and other typical utility services) and completion of frontage improvements (curb, gutter and sidewalk). All of the street and other infrastructure improvements were constructed under previous recent tracts. There is an existing residence within the tract boundary (spans 3 lots), a well and private sewage disposal system that are scheduled for demolition and abandonment. A covenant executed by the subdivider and approved by the Chief Building Official is therefore being recorded with the map that effectively holds all 6 lots in common, pending completion of these items. The demolition permit has been issued; however, a contractor is still being solicited for this work. The subdivider has submitted "Letters of Credit" to guarantee installation of the uncompleted subdivision improvements and has paid the required fees, as listed in the attached subdivision agreement, to allow for recordation of the final map. The final map has been found to be in substantial conformance with the tentative map and all other conditions of the project related to the map have been met and/or guaranteed. Staff recommends approval of the subdivision agreement and the final map. ALTERNATIVES: Option 1: Deny approval of the final map if the Council finds that conditions have not been satisfactorily met. FISCAL IMPACT: Typical maintenance of public facilities. C9 -1 Council Agenda Report -Final Map Approval for Tract2330 Page-two--- CONCURRENCES: The Community Development Director and d CityAttorney concur wA.thexecommended action. No-other departments are affected.. A ttacliffiefits: I -- Draft resolution and_ subdivision 'agreement .2 -Map 3 - Resolution No. 8971(1999 Series) 4 - Final Map Checklist A ... \Council Agenda'Reports\FmiPnW approval for tract 2330 C9---2 RESOLUTION NO. (2001 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT No. 2330 WHEREAS, the City Council made certain findings concerning Tract 2330, as described in Resolution No. 8971 (1999 Series), and WHEREAS, the subdivider has submitted Letters of Credit in the amounts of $ 16,300 (Faithful Performance) and $ 8,150 (Labor & Materials) to guarantee installation of the required subdivision improvements per approved plans, and all fees have been received, as listed in the attached subdivision agreement, marked "Exhibit A ", and WHEREAS, all other conditions required per said Resolution No. 8971(1999 Series) have been met or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2330 has been found to be in substantial conformance with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: C9 -3 Resolution No. (2001 Series) Page 2 the foregoing Resolution was passed and adopted this day of 2001. ATTEST: CITY CLERK Lee Price Z= ro ed as to rm: d-!Oo��A. ATTORNEY Jeffrey G. Jor son I:\...\Council Agenda reports\Final map report for Tract 2330 MAYOR Allen K. Settle C9-4 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 200_ by and between Kelly V. Gearhart, 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 2330, City of San Luis Obispo, California, as approved by the City Council on the day of , 200_. The Subdivider desires that said Tract No. 2330 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 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. 4. DRAINAGE STRUCTURES C9 -5 5. ORNAMENTAL METAL ELECT.ROLIERS 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 City regulations. 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 worts shall be completed within eighteen (18) 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 C9 -6 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 comers 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 $16,300.00 which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction. of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said C9 -7 improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials surety in the amount of 50% of the above described subdivision improvements ($ 8,150) in accordance with State law. Said Subdivider has paid an inspection fee of $2,453.00 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. 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. r • 3 • IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SU �VID EFL Kelly V, Gearhart MAYOR Allen K. Settle ATTEST: CITY CLERK Lee Price APPFtqVfED 16 TO Fq RM: C,eITY ATTORNEY Jeffrey G. J rgensen C9 -9 EXHIBIT 1 TRACT 2330 SUBDIVISION AGREIIYMNT 1. The Subdivider has deposited a monumentation guarantee in the amount of $.600.00 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 -in -lieu fees and sewer lift station fees have been paid, as listed in the attached EXHIBIT 2. 3. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. The Subdivider shall install landscaping and fencing per Ordinance No 1358 (1999 series) conditions 2, 3, and 4 and the landscaping plan by Cannon Associates with the improvement plan. 6. The subdivider.shall inform home buyers of the fact that the adjoining property is occupied with commercial uses per Condition 5 of Ordinance No 1358 (1999 series). C9 -10 Bonds and Guarantees: EXHIBIT 2 TRACT 2330 FEE AND BOND LIST AMOUNT FORM OF SURETY Faithful Performance $ 16,300 LG z� � •i� r Labor & Materials $ 8,150 L- - -2ocr -lee (50% of total cost of improvements) Monument Guarantee Fees: Map Check Fee Plan check Fee 1 $ 4X.0o L C *X901 111 $1,417 $ 543 Inspection Fee $ 2,453 ($1460 +6.1% of $16,285) Park -in -Lieu Fee $ 18,455 ( 5 X 3691) Sewer Lift Station Fee $327.56 ($131.55 X 3 X 0.83 Acres) Water and Sewer & Traffic Impact Fees (Due in conjunction with Building Permits) T2330 Subdivision Agreement DATE RECEIVED BY: 3/9/2000 H. B. 3/9/2000 H. B. 4c C9 -11 1 TRAIT 2 48 8 M[3 18) 2 3 4 5 6 7 8 q 1 10 1 11 1:_' 13 14 6 o OFFER EL CAPITAN WAY 7 R OF JEDICATION PER IS US 15 1997-034911• '30'54'E 1997-034911- 1997-034910- 1997-034909-: g UFVZR OF DEDICAIIUN PER 199 y - 0.5 - 4 913 --------------- -------------- = = -------- . . . . . . Lt- Ll 'Ll L3 4 F_ 'Kl(ISTING RIGHT V W F 3 4 O LOT 1 LOT 2 LOT 3 LOT 4 -RACT 2 5 LOT 5 LOT 6 560 SM No sm wo sm 560 sr 360 sm 5w sr 4 19 M 6 17i I LI Ll Ll LI LI L3 SEE SHEL 1 2 FOR WUhUARY AND Ao.-i.l. L NT LO I N1 ORMA rl(w C9-12 COURSE BEARING DISTANCE 'Li N 6670-54- C 13.411 --L2 -W237WOS' W 41.758 L3 N 667054' E 11415 PRI, C9-12 RESOLUTION NO. 8971(1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP FOR A SIX -LOT RESIDENTIAL SUBDMSION ON THE SOUTH SIDE OF EL CAPITAN WAY 856 AND 885 EL CAPITAN WAY (TR- 71 -99; County File No. TR 2330) WHEREAS, the Planning Commission conducted a public hearing on August 25, 1999, and recommended approval of Vesting Tentative Tract Map 71 -99; and WHEREAS, the City Council conducted a public hearing on October 5, 1999 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the subdivision is consistent with the General Plan, the Edna -Islay Specific Plan, the Zoning Regulations, Planned Development 71 -99 and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact with mitigation as prepared by staff and reviewed by the Planning Commission; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed tentative tract map, and reflects the independent judgement of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: a) Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b) Increasing frequency of watering whenever winds exceed 15 mph; c) Cessation of grading activities during periods of winds over 25 mph; d) Direct application of water on material being excavated and/or transported onsite or offsite; e) Watering material stockpiles; and f) Periodic washdowns, or mechanical streetsweeping, of El Capitan Way in the vicinity of the construction site. C9.13L 8971 Resolution No. 8971 ( 9 series) Page 2 2. The property owner shall grant an avigation easement to the County of San Luis Obispo via an avigation easement document prepared by the County. 3. Site development shall include a solid waste recycling plan for recycling discarded building materials such as concrete, drywall, wood and metals from the demolition and construction phases. The plans must be submitted for approval by the Community Development Director prior to building permit issuance. 4. The final project shall be designed to include interior and exterior recycling. SECTION 2. Subdivision. Findings. That this Council, after consideration of Vesting Tentative Tract Map 71 -99, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the General Plan and the EISP; 2. The site is physically suited for the type and density of development proposed with the tentative tract map; 3. The subdivision design and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; and 4. The design of the subdivision or the type of improvements will not conflict with easements for access through, or use of property within, the proposed subdivision. SECTION 3. Conditions of Approval. The vesting tentative map for Tract 71 -99 (County File Tract 2330) is approved subject to the following conditions: 1. The subdivider shall dedicate necessary right of way to complete a 17 m (56 ft) total street R/W. 2. The subdivider shall dedicate a 1.8m [6 ft] wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 3. The subdivider shall dedicate a 3m [10 ft] wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 4. A detailed hydrology study indicating the effects of the proposed development on adjacent and downstream properties will be required. The scope of the study must include analysis of all affected public and private drainage facilities and creek capacities between this property and an adequate point of disposal and shall include recommendations for appropriate improvements that would reduce flooding. C9 -14 • Resolution No. 8971 ( 9 Series) Page 3 If the study identifies any on -site areas subject to 100 -yr storm flooding, the developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of any development. Any lots or building pads, identified to be subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation. All areas subject to flooding shall be documented. 5.. The development must be designed so as not to increase flooding downstream; detention facilities are required, to the satisfaction of the Public Works Director. All proposed detention basin and drainage improvements, except those within a public street, shall be privately owned and maintained by the property owner and/or homeowners association (if applicable). Maintenance responsibilities of detention facilities shall also be addressed, particularly if an existing off -site detention basin is used. If detention facilities are not owned or controlled by the subdivider, he shall submit written proof and verification that said detention facilities are provided in accordance with the approved tract map. 6. Existing water wells may remain in use to serve only the lot on which the well is located. Upon development, water well use shall comply with the City regulations and policies in effect at that time. All structures connecting to the City's water system and shall be required to pay all applicable water and sewer impact fees. 7. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Director of Public Works. 8. Each lot shall be served with separate water, sewer, gas, electric, telephone and cable TV services in accordance with City standards. 9. Existing trees shall require safety pruning by a certified Arborist, to the satisfaction of the City Arborist. 10. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel. map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) . for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 11. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 12. A copy of all public improvement plans (record drawings) shall be submitted on 3.5" diameter computer diskettes in a format compatible with the City's CAD system and shall comply with the City's computer aided drafting standards (including but not limited to layering, symbols, line weights and colors, stationing, scale, etc...). C9 -15 ' Resolution No. 8971 (1 J Series) Page 4 SECTION 4. Code Requirements. The vesting tentative map for Tract 71 -99 (County File Tract 2330) is approved subject to the following code requirements: Traffic impact fees are required to be paid prior to the issuance of building permits. 2. Water & Wastewater fees are required to be paid prior to the issuance of a building permit for construction on any lot. 3. Street trees shall be planted on each lot at the time of development of each lot, per City Standards and to the satisfaction of the City Arborist. The number of trees is determined by one tree per 35 linear feet of street frontage. 4. EPA Requirement. General Construction Activity Storm Water Permit are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 5. A water allocation is required, due to the additional units. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. 6. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the number of single family units being built. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. 7. Each parcel is to have its own separate water and wastewater service. Water services shall be manifolded in pairs, whenever possible, in accordance with City standards. 8. New construction shall meet the setback requirements of the Uniform Plumbing Code (UPC) table 7 -7 for water wells, if a well exists. 9. Lots shall be developed with grades that comply with the Uniform Building Code (UBC) appendix section 3315.4. 10. The subdivider shall pay Park -In -Lieu fees consistent with SLO Municipal Code Section 16.40.80. 11. The subdivider shall meet the Inclusionary housing requirement consistent with the SLO Municipal Code Section 17.91. C9 -16 Resolution No. 8971 (1 d series) Page 5 SECTION 5. Effective Date: Vesting Tentative Tract Map 71 -99 (County file no. TR 2330) shall take effect on the effective date of the PD rezoning. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 5th da, ATTEST: > � I City Clerk Lee Price, C.M.C. APPROVED AS TO FORM: i N;� I GA �Y/ . /, Mayor C9 -17 city of San tuts OBISPO AM - "AA Mmum FINAL MAP APPROVAL CHECKLIST PROJECT NAME EL T.eF�Tp/r ,4s r 7T gy /c c44y G -aA1z H,Fti DESCRIPTION 4, LO P %/LAC-r m/V S6'rlr S /®fi_r Df 5G ! id" 7;;01/ MAP NUMBER A 2330 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE PUBLIC IMPROVEMENT CONDITIONS ARC OTHER 6 DESCRIPTION INITIAL I' DATE COMMENTS 1 GRADING 2 STORM DRAINS A DRAINAGE STRUCTURES 21 City Council y4 3 SEWERS A SERVICES 22 Abandonments 23 4 WATERLINES A SERVICES - 5 FIRE HYDRANTS 8 CONCRETE Curbs and Gutters Sidewalks Driveways 7 STREETS A PAVING Pavement Signing, striping and curb painting 8 NON-CITY UTILITIES P.G.SE. — Electrical Street Lights Cable TV Telephone Co. Gas Company _ 9 FEES RECEIVED (Water, Sewer) rp s 10 PUSUC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION AIL 13 STREET TREES 14 OFFSITE WORK. 15 BONDIGUARANTEE deposited ! 1e PARK dedication or In -lieu fees / 17 e.�yt0 f, it /I OTHER CONDITIONS rA 18 Board of Adjustments 19 Planning Commission K 20 Architectural Review Commission 21 City Council y4 22 Abandonments 23 Other ATTACH LIST OF CONDITIONS ti SUBDIVISION AGRREMENT 52-81 =—# x',0_1 qp ;Z, l 1J �� W.