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HomeMy WebLinkAbout10-21-2014 C4 Final Map approval for Tract 2560 Phase 2, 215 Bridge StreetCity 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 2560-PHASE 2, 215 BRIDGE STREET (TR 64-03) RECOMMENDATION Adopt a resolution approving the Final Map for Tract 2560-Phase 2 at 215 Bridge Street and authorizing the Mayor to execute the Subdivision Agreement and Biological Open Space Easement Agreement on behalf of the City. DISCUSSION Background Tract 2560 (TR 64-03) is located at 215 Bridge Street (Attachment 1). A vesting tentative map for Tract 2560 (Attachment 2) was originally approved by the City Council on December 7, 2004, by Resolution No. 9638 (2004 Series) (Attachment 3). The vesting tentative map authorized creation of 18 single family residential lots, one condominium lot for eight commercial condominium units, and one lot for an existing homestead site. Phase 1 of the map, which was approved by Council on May 1, 2007, and recorded on May 4, 2007, created two lots, a Remainder lot for the existing homestead and Lot A, which was intended for future subdivision. Phase 2 is a subdivision of Lot A of Phase 1 and will create the remaining lots approved with the Tract 2560 tentative map; those lots being the 18 single family residential lots and one condominium lot for the purposes of creating eight live/work condominium units. Conditions of Approval All of the conditions of approval for Tract 2560 were deferred to the Phase 2 map, so the developers of Phase 2 are required to not only complete the typical frontage and subdivision improvements associated with their phase of the map, but also to complete any conditions that were deferred with the Phase 1 map. The deferred conditions include: 1. Reserving private open space on the Phase 1 Remainder lot with the intent of preventing development above a certain elevation on the hill, and 2. Reserving a similar private open space on the Phase 2 lots, and 3. Dedicating an easement for public pedestrian access through the tract to access the South Hills Natural Reserve, and 4. Dedicating a private utilities and access easement and installing a water service, a sewer lateral, and a vehicular access to serve the Phase 1 homestead lot, and 10/21/2014 C4 C4 - 1 APPROVAL OF THE FINAL MAP FOR TRACT 2560-PHASE 2, 215 BRIDGE STREET (TR 64-03) Page 2 5. Dedicating a public Biological Open Space easement (Attachment 4) along the creek to preserve biological resources including the blackberry brambles. Improvement Securities As specified in the Subdivision Agreement (Attachment 5), the Subdivider is required to submit a faithful performance security to guarantee completion of the subdivision improvements. In lieu of providing a bond, the Subdivider has elected to submit multiple Certificates of Deposit in favor of the City in the total security amount. Because the Certificates of Deposit will tie up a substantial amount of the Subdivider’s cash reserves, the Subdivider has requested that the City Council authorize partial releases of the Certificates of Deposit as the work progresses. Section 66499.7 et seq of the Subdivision Map Act provides for the partial release of improvement securities and allows the Council to appoint any of its employees to authorize release or reduction of the securities. The resolution approving the final map (Attachment 6) grants the Public Works Director the authority to process partial releases of the improvement securities. Any partial releases authorized by the Public Works Director will not constitute acceptance of the subdivision improvements. Acceptance of the subdivision improvements will remain the authority of the City Council. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150. With two City-approved one-year extensions back in 2006 and 2007 and the automatic extensions granted by the State Legislature per Sections 66452.21, 66452.22, 66452.23, and 66452.24 of the Subdivision Map Act, this vesting tentative map now has an expiration date of December 7, 2015. The filing of multiple final maps does not extend the life of a tentative map unless off-site improvements of a certain value are constructed in accordance with Section 66452.6 of the Subdivision Map Act. Since there are no off-site improvements required with Tract 2560, all phases of the final map must be filed by the current map expiration date of December 7, 2015, unless additional time extensions are granted by the City pursuant to Municipal Code Section 16.10.155 and the Subdivision Map Act. Otherwise a new tentative map will need to be processed by the subdivider. The conditions for Tract 2560 have been met and the final map for Tract 2560-Phase 2 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. 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 will be submitted to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement. The resolution approving the final map also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements and the Biological Open Space Easement Agreement. C4 - 2 APPROVAL OF THE FINAL MAP FOR TRACT 2560-PHASE 2, 215 BRIDGE STREET (TR 64-03) Page 3 CONCURRENCES The Public Works Department and the Natural Resources Manager concur with the recommended action. ENVIRONMENTAL REVIEW Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. FISCAL IMPACT There is no significant financial impact to the City associated with approving the final map for Tract 2560-Phase 2. However, the public improvements that will be constructed with this phase will result in a minor increase in maintenance costs for the utilities serving these lots. The modest staff time necessary to monitor the Biological Open Space Easement is supported by the Natural Resources Program’s operating budget. 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. Vesting Tentative Map 3. Resolution No. 9638 (2004 Series) 4. Biological Open Space Easement Agreement 5. Subdivision Agreement 6. Draft Resolution Approving the Final Map T:\Council Agenda Reports\2014\2014-10-21\Final Map Approval Tract 2560 Phase 2, 215 Bridge\Council Agenda Report.docx C4 - 3 C4 - 4 C4 - 5 C4 - 6 C4 - 7 C4 - 8 C4 - 9 C4 - 10 C4 - 11 C4 - 12 C4 - 13 C4 - 14 C4 - 15 C4 - 16 C4 - 17 C4 - 18 C4 - 19 C4 - 20 C4 - 21 C4 - 22 C4 - 23 C4 - 24 1 ATTACHMENT 5 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this ______ day of ___________201___ by and between 215 Bridge Street, 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 2560-Phase 2, City of San Luis Obispo, California, as approved by the City Council on the ____ day of ___________, 201___. The Subdivider desires that said Tract No. 2560-Phase 2 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 AN D 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. C4 - 25 2 ATTACHMENT 5 4. LANDSCAPING 5. DRAINAGE STRUCTURES, including bridge 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 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. 8. 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. C4 - 26 3 ATTACHMENT 5 No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all subdivision improvements unless specifically approved by the City. 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 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, instrument(s) 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. The amount of said instrument(s) of credit or bond total $857,000 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. C4 - 27 4 ATTACHMENT 5 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, approvals, or partial releases of securities shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. “AS-BUILT” record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument(s) 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 labor and materials securities totaling $428,500, which is 50% of the above described subdivision improvements, in accordance with State law. Said Subdivider shall pay an inspection fee for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. 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 C4 - 28 5 ATTACHMENT 5 are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER 215 Bridge Street, LLC MAYOR Jan Marx Seth McCormick, Manager ATTEST: Justin Slade, Manager CITY CLERK Anthony Mejia C4 - 29 6 ATTACHMENT 5 EXHIBIT 1 TRACT 2560-PHASE 2 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $2,000 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. Park-in-lieu 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 comply with all requirements of Council Resolution No. 9638 (2004 Series) approving the tentative map. C4 - 30 7 ATTACHMENT 5 EXHIBIT 2 TRACT 2560-PHASE 2 - FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Partial guarantee Partial guarantee Partial guarantee Partial guarantee Partial guarantee Partial guarantee (10% of total) Total Faithful Performance $175,000 $100,000 $200,000 $200,000 $ 96,300 $ 85,700 $857,000 CD CD CD CD CD CD Xxx Xxx Xxx Xxx Xxx xxx Partial guarantee Partial guarantee Partial guarantee Partial guarantee Partial guarantee Total Labor & Materials $ 87,500 $ 50,000 $100,000 $100,000 $ 91,000 $428,500 CD CD CD CD CD Xxx Xxx Xxx xxx xxx Monument Guarantee $2,000 CD xxx Fees: Total Map Check Fee $13,748 Check 4/23/14 Deposit Payment Payment Total Plan Check Fee $ 2,150 $31,866 $ 7,345 $41,361 Check Check Check 12/20/13 1/28/14 9/15/14 Improvement Plan Inspection $93,124 Check 9/15/14 Park In-Lieu Fee1 $107,856 Check xxx Affordable Housing Requirements Water Impact Fee1 To be collected with building permit Wastewater Impact Fee1 To be collected with building permit Transportation Impact Fee1 To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. C4 - 31 R _____ RESOLUTION NO. (2014 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2560-PHASE 2 (215 BRIDGE STREET, TR 64-03) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2560, as prescribed in Resolution No. 9638 (2004 Series); and WHEREAS, the subdivider has completed all required subdivision improvements or will submit appropriate securities 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 Resolution No. 9638 (2004 Series) will be 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 2560-Phase 2 as shown on the attached Exhibit is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement and Biological Open Space Easement Agreement for Tract 2560-Phase 2 are hereby approved. SECTION 3. Approval of the final map for Tract 2560-Phase 2 is hereby granted. SECTION 4. The Mayor and City staff are hereby authorized to take action necessary to carry out the intent of this resolution. SECTION 5. In accordance with Government Code section 66499.7 et seq, the Public Works Director is authorized to perform partial releases of the improvement securities as the work progresses, provided that sufficient securities are retained to guarantee completion of any remaining improvements, payment to contractors, and warranty of work. Any partial releases authorized by the Public Works Director do not constitute acceptance of the subdivision improvements, which remains the authority of the City Council. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: ATTACHMENT 6 C4 - 32 Resolution No. (2014 Series) Page 2 ATTACHMENT 6 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 C4 - 33 C4 - 34 C4 - 35 C4 - 36 C4 - 37 C4 - 38 C4 - 39 Page intentionally left blank. C4 - 40