HomeMy WebLinkAbout01/23/2007, C2 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2294-A SEVEN LOT RESIDENTIAL SUBDIVISION ON THE S council Januant'71 2007
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agenda Report
CITY OF SAN LUIS O B I S P O
FROM: Jay D. Walter, Director of Public Works
Rob Livick, Supervising Civil Engineer
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2294—A
SEVEN LOT RESIDENTIAL SUBDIVISION ON THE SOUTH SIDE OF EL
CAPITAN WAY LOCATED AT 915 EL CAPITAN WAY
(KELLY GEARHART,- SUBDIVIDER)
CAO RECOMMENDATION
Adopt a resolution accepting the public improvements, certifying completion of the required
private improvements, and releasing the bonds for Tract 2294.
DISCUSSION
The required subdivision improvements approved with the tentative map for Tract 2294 (Vicinity
Map, Attachment 2), per Resolution No. 8924 (1999 Series) (Attachment 3) approved April 20,
1999, have been completed to City standards and specifications. The final map for Tract 2294
was approved,per Resolution No. 9028 (2000 Series) (Attachment 4).
Although the tract has been occupied for quite some time, completing some of the miscellaneous
public improvements, including the El Capitan pedestrian bridge which was damaged by a fallen
tree during a storm, took longer than normal. The subdivider has now requested acceptance of
the public improvements by the City and release of the respective sureties. Included with the final
map approval was a subdivision agreement that allowed the Subdivision Labor and Materials and
the Faithful Performance bonds to be released upon City Council acceptance of the subdivision
improvements and upon receipt of a guarantee of ten percent of the cost of the public
improvements. The cost of the public improvements was estimated to be $74,500. If the
proposed resolution is approved, the Public Works director will authorize the City Clerk to
release that security once Council has accepted the improvements and the subdivider has
provided a replacement security in the amount of $7,450 and after the 60 day waiting period
referenced in Sections 66499.7(h) of the Government Code of the State of California.
The replacement security of$7,450, for ten percent of the estimated construction cost and is to
insure that the subdivider will remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after subdivision acceptance, in accordance with City Council Resolution
9763 (2006 Series) and Sections 66499.7 and 66499.9 of the Government Code of the State of
California.
Council Agenda Report- Final`..ap Approval-Tract 2294 - Page 2
FISCAL IIVIPACT
Typical maintenance and operation of public facilities will be required for water and sewer main,
fire hydrants and street improvements within El Capitan Way.
CONCURRENCES
The Community Development Director, Natural Resources Manager, Utilities Director and City
Attorney concurmith the recommended action.
ATTACFIMENTS
1. Draft Resolution
2. Map
3. Resolution No. 8924 (1999 Series)
4. Resolution No. 9028 (2006 Series)
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Attachment 1
RESOLUTION NO. (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO.2294
WHEREAS, the City Council made certain findings concerning Tract 2294, as
prescribed in Resolution No. 8924 (1999 Series); and
WHEREAS, the City Council approved the final map for Tract 2294 per
Resolution No. 9028 (2000 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2294, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the
public improvements for Tract No. 2294. The current Faithful Performance surety is
hereby reduced to $7,450, being ten percent of the total cost of the public improvements,
to be held for one year from this date, in accordance with the subdivision agreement. The
Labor & Materials surety may be released at this time, since the conditions of Section
66499.7 of the California Government Code have been met.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this_day of -12007.
ATTEST:
Mayor David F. Romero
City Clerk Audrey Hooper
Approved as to Form:
Cit ey Jonathan P. Lowell
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(livick)\final acceptance resolution-tract 2294.doc
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Attachment 2
Vicinity Map
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TRACT 2294 , 1 ,
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ATTACHMENT 3
RESOLUTIONNO. 8924 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP
FOR A SEVEN-LOT RESIDENTIAL SUBDIVISION ON THE SOUTH
SIDE OF EL CAPTTAN WAY 1915 EL CAPITAN WA
(TR-140-98; County file no.Tr 2294)
WHEREAS; the Planning Commission conducted public hearings on November 18,
1998 and January 13, 1999, and recommended approval of Vesting Tentative Tract Map 140=98;
and
WHEREAS,the City Council conducted public hearings on February 16, 1999 and April
20, 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 140-98 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:
R 8924
Page 1 of 7
ATTACHMENT #3 ,
Resolution no-8924 (1999; ies)
Tract 140-98 (915 El Capitan)
Page 2
1. A detailed soils engineering report shall to be submitted as part of the grading and.
building permit applications. The soils report shall include: data regarding the
nature, distribution and strength of the existing soils, conclusions and
recommendations for grading procedures including such recommendations to ensure
that there are no significant impacts to the creek, and design criteria for corrective
measures, when necessary. Grading and building must be designed and performed
in compliance with the soils engineering report.
2. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties is required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding.
If the study identifies any on-site areas subject to 100-year 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
`l final acceptance of any development. Any lots or building pads, identified to be
subject to flooding during a. 100-year storm shall be graded to provide.minimum
pad elevations of at least 1 foot above the 100-year storm elevation. All areas
subject to flooding shall be documented.
3. The property owner shall grant an avigation easement to.the County of San Luis
Obispo via an avigation easement document prepared by the County.
4. The findings and recommendations of the May 1998 biological survey shall be
incorporated into the final project design and construction.
5. Site development shall include a solid waste recycling plan for recycling discarded
building materials such as concrete, drywall, wood and metals from the construction
site. The plans must be submitted for approval-by the Community Development
Director prior to building permit issuance.
6. The final project shall be designed to include interior and exterior recycling.
7. 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;
R 8924
Page 2 of 7
ATTACHMENT #3
Resolution no. f
8924(1,..;9 L _.es)
Tract 140-98 (915 El Capitan)
Page 3
d) Direct application of water on material being excavated and/or transported on-site
or off-site;
e) Watering material stockpiles;and
f) Periodic washdowns, or mechanical street sweeping, of El Capitan Way in the
vicinity of the construction site.
SECTION 2. Findings. That this Council,after consideration of Vesting Tentative Tract
Map 140-98, 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 with the Edna-Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the R-
2-SP-PD and C/OS-SP-PD zones.
3. The design of the subdivision 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.
4. The design of the subdivision or thetype of improvements will not conflict with
easements for access through,or use of property within,the proposed subdivision.
5. An initial - study of environmental impacts was prepared by the Community
Development Department on November 6, 1998 and modified by the Planning
Commission on November 18, 1998, adequately addresses the potential
environmental impacts associated with the subdivision map and establishes measures
to mitigate those impacts to a level of insignificance.
SECTION 3. The vesting tentative map for Tract 140-98 (County File no. Tract 2294) is
approved subject to the following conditions and code requirements:
1. All on-site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
2. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Director.
Public Right-of-Way
3. The subdivider shall dedicate a 1.8m [�6 ft.] wide public utility easement and 3m
R 8924
Page 3 of 7
Resolution no.8924 (1994 ATTACHMENT 9/3
+ es) '
Tract 140-98 `915 El Capitan)
Page 4
[F,10 ft.] wide street tree easement along all public street frontages, to the
satisfaction of the Director of Public.Works.
Water, Sewer and Utilities
4. 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 shall be required to pay all applicable water and sewer impact fees.
5. The proposed sewer serving this development is tributary .to the Tank
Farm/Rockview Lift Station system; lift station fees will be charged accordingly.
The lift station system is at capacity and some improvement to the system will be
necessary' to accommodate this development and/or a contribution to the
improvements to the satisfaction of the Utilities Director. Any work done on the
system or contributions will be credited against the lift station fees, as determined
by the City Utilities Engineer.
6. Each lot shall be served with separate water, sewer, gas, electric, telephone and
cable TV services in accordance with City standards.
Grading and Drainage
7. 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 existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal.and shall make
recommendations for appropriate improvements that will reduce flooding. The
development must be designed so as not to increase flooding downstream; detention
facilities will be required. All proposed detention basin and drainage
improvements, except those within a public street, shall be privately owned and
maintained by the property owner of Lot 16, Tract 2248.
If the study identifies 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 in the
hydrology study 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.
8. Additional storm water run-off, as a direct result of development of each lot, shall
be evaluated by a registered civil engineer and appropriate mitigation (detention
facilities) designed into the project, to the satisfaction of the Director of Public
Works. Maintenance responsibilities of detention facilities shall also be addressed,
R 8924
Page 4 of 7
ATTACHMENT #3
Resolution no. 8924(f. . .es)
Tract 140-98 (915 El Capitan)
Page 5
particularly if an existing off-site detention basin is used.
9. 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.
Traffic
10.Traffic-impact fees shall be paid prior to the issuance of building permits.
Trees
11.Some trees may require safety pruning by a certified Arborist to the satisfaction of
the City Arborist.
Creek and Open Space
12.The subdivider shall dedicate an easement over the creek, open space area and
drainage basin (if required) for access and maintenance to the satisfaction of the City
Engineer.
13.The subdivider shall prepare a creek preservation and maintenance agreement to be
recorded with the County Recorder for each lot in a form approved by the City
Attorney and the Community Development Director prior to final map approval.
The agreement shall include the following provisions:
a) Provide for professional, perpetual maintenance of the creek and open space
area to the satisfaction of the City's Natural Resources Manager.
b) Grant to the city the right to maintain the creek and open space area if the
individual lot owner fails to perform, and to assess the lot owner for expenses
incurred,.and the right of the city to inspect the site at mutually agreed times
to assure conditions of the agreement and final map are being met.
14.The creek/open space area shall be maintained by the individual lot owner in
accordance with the creek preservation and maintenance agreement as approved by
the City.
15.Prior to recordation of the final map, the subdivider shall grant an open space
easement to the City of Sae Luis Obispo with the provision that the individual lot
owner will have maintenance responsibilities and the City will have review
authority over management/maintenance of the creek and open space area.
R 8924
Page 5 of 7
�2-9
ATTACBMENT #3
Resolution no.8924 099 ;; .ies) -
Tract 140-98 (915 El Capitan)
Page 6
Mapping and Miscellaneous Requirements
16.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 Fohnat, DXF) for
Geographic Information_ System (GIS) purposes, shall be submitted to the City
Engineer.
17.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...).
18. 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.
Code Requirements
A. Traffic impact fees are required to be paid prior to the issuance of building
permits.
B. Water & Wastewater fees are required to be paid prior to the issuance of a
building permit for construction on any lot.
C. 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..
D. 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.
R 8924
Page 6 of 7
ATTAMENT #3
Resolution no. 8924 (' - les)
Tract 140-98 (915 El Capitan)
Page 7
SECTION 4. Effective Date: Vesting Tentative Tract Map 140-98 (County file no. TR
2294)shall take effect on the effective date of the.PD rezoning.
On motion of Vice Mayor Romero ,seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Marg, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of April, 1999.
Mayor Allen Settle
ATTE
City Clerk ee Price
APPROVED AS TO FORM:
r or y e ey J gensen
R 8924
Page 7 of 7
ATTACHMENT #4
RESOLUTION NO.9028 (2000 SERIES)
A RESOLUTION OF THE COUN OF THE CITY OF
SAN LUIS OBISPO APPROVING THE AL MAP FOR OF
2294
WHEREAS,the City Council made certain findings con- ng ract 2294, as .
stated in Resolution No. 8924(1999 Series), and
WHEREAS, the subdivider has submitted Letters of Credit in the amounts of$74,500
(Faithful Performance) and$ 37,250 (Labor&Materials)to guarantee installation of the
subdivision improvements per approved plans and all fees have been paid,in accordance with the
attached.subdivision agreement, marked"Exhibit A", and
WHEREAS,the subdivider has submitted a Creek Preservation and Maintenance
Agreement prescribing the respective limitations and responsibilities of the owners of the lots within
the subject tract,relative to their individual responsibilities for maintenance of the creek corridor,
trees and open space at the rear of each lot, and
WHEREAS,the subdivider has included an offer of dedication of an easement for possible
future public pedestrian and bike path purposes within Lot 1 of Tract 2294, and
WHEREAS, all other conditions required per said Resolution No. 8924(1999 Series)have
been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2294 has been
found to be in "substantial compliance" with the vesting tentative map and final map approval is
hereby granted. The Mayor is hereby-authorized to execute the subdivision agreement and approve
the Creek Preservation and Maintenance Agreement. The offer of dedication for public pedestrian
and bike path purposes is not accepted at this time.
On motion of Council Member Romero, seconded by Vice Mayor Schwartz and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Romero,Vice Mayor Schwartz, and Mayor
Settle
NOES: None
ABSENT: None
r _ ATTACHMENT # .
Resolution No. 9028 (2000� es) =_
Page 2
The foregoing Resolution was passed and adopted this 4`s day of April 2000.
MA OR len ettle
ATTEST.
CITY CLERK Lee Price
Approv to Form:
O/�IErIJG. Jorgenson
11/15/06 DH
METHODS AND REASONING STATEMENT
TRACT 2787
All 4 centerline monuments were found and held to recreate Block 2 of B maps 32.
Prorating to the middle of the north and south lines created the north-south midline of the
block. Prorating the east line of the block and holding the lead and tack set adjacent to
the west line created the east-west midline of the block. The East line of the subject
property was established by prorating along the south line of the original lot 12 and the
north line of the original lot 10, leaving the subject property as the west half of lots 10, 11
and 12 per Block 2 of B maps 32.
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