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Home My WebLink About01/23/2007, C3 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2330-A 6- LOT RESIDENTIAL SUBDIVISION ON THE SOUT council lanuaryll 1007 acEnaa Repoat �3 C I TY O F SAN LU I S 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 2330—A 6- LOT RESIDENTIAL SUBDIVISION ON THE SOUTH SIDE OF EL CAPITAN WAY LOCATED AT 856 AND 885 EL CAPTTAN 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 2330. DISCUSSION The required subdivision improvements approved with the tentative map for Tract 2330 (Vicinity Map, Attachment 2), per Resolution No. 8971 (1999 Series) (Attachment 3) approved October 5, 1999, have been completed to City standards and specifications. The final map for Tract 2330 was approved, per Resolution No. 9140 (2001 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 $16,300. 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 $1,630 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 $1,630, 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 ft.dp Approval-Tract 2330 Page 2 CONCURRENCES The Community Development Director, Natural Resources Manager, Utilities Director and City Attorney concur with the recommended action. FISCAL IMPACT Typical maintenance and operation of public facilities will be required for water and sewer main, fire hydrants and street improvements within El Capitan Way. ATTACHMENTS 1. Draft Resolution 2. Map 3. Resolution No. 8971 (1999 Series) 4. Resolution No. 9140 (2001 Series) g:\staff-reports-agendas-minutes\_car\2006\devrev\tract 2330\car acceptance of pi for tract 2330.doc e3-2 l Attachment I RESOLUTION NO. (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2330 WHEREAS, the City Council made certain findings concerning Tract 2330, as prescribed in Resolution No. 8971 (1999 Series); and WHEREAS, the City Council approved the final map for Tract 2294 per Resolution No. 9140 (2001 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements forTract 2330, 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. 2330. The current Faithful Performance surety is hereby reduced to $1,630, 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: Ci Att ey Jonathan P. Lowell i:\—council agenda reports\2006 agenda reports\transportation and development review(bochum)\development review (livick)\final acceptance resolution-tract 2330.doc Attachment 2 Vicinity Map ,oa TRACT 2330 EBEB ® �o 63 -y — - ATTACHMENT 413 RESOLUTION NO.8971 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP FOR ASIX-LOT RESIDENTIAL SUBDIVISION 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. R 8971 - ATTACHMENT #3 Resolution No. 8971 (1� 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 FISP; 2. The site is physically suited for the type and density of development proposed with the tentative tract maps 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 RIW. 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. c 3 -� --- ATTACHMENT;it3 , - Resolution No. 8971 (11 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 stone shall be graded to provide minimum pad elevations of at least I 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...). C3 - 7 DTT #3 Resolution No. 8971 (15 _ 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: I. 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. Stone 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. - --- ATTACHIEuT !k� Resolution No. 8971 (V 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 day of October, 1999 . Mayor Allen Settle ATTEST-/ C City Clerk Lee Price,C.M.C. APPROVED AS TO FORM: /jC m Je y J gensen - ATTACHMENT n RESOLUTION NO. 9140 (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 Council Member Schwartz,seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Marx,Mulholland, Schwartz,Vice Mayor Ewan and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 9"day of January 2001. MAYOR en K Settle ATTEST ' G � CITY CLE Lee Nce Approved as to Form: /f A y G. Jorgensen R 9140 c 3 -10