HomeMy WebLinkAbout08/21/2007, C3 - APPROVAL OF THE FINAL MAP FOR TRACT 2882, 2710 AUGUSTA STREET (TR/ER 104-06) J
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CITY OF SAN LUIS O B I S P O
FROM: Jay D. Walter,PE-Director of Public Works
Prepared by: Diane Dostalek
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2882, 2710 AUGUSTA
STREET (TR/ER 104-06)
CAO RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2882 located at 2710 Augusta Street.
DISCUSSION
The tentative map (Attachment 1) for Tract 2882 (TR/ER 104-06) was approved by City Council
on February 6, 2007, by Resolution No. 9873 (2007 Series) (Attachment 2), which authorized
resubdividing three existing lots into five.
The improvements required for this subdivision consist of on-site private improvements to
provide access, water, sewer, and public utilities to the individual lots. Private on-site
landscaping and some ADA upgrades along the street frontage were alsoirequired. Appropriate
securities have been submitted to guarantee completion of the improvements. The draft
resolution (Attachment 3) approving the final map also authorizes the Mayor to sign the
Subdivision Agreement and authorizes the Public Works Department to release the securities
upon completion of the required subdivision improvements. The Public Works Department is
being designated to release the securities since there are no public improvements that need to be
accepted by Council.
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 final map has been found to be in substantial
conformance with the approved tentative map and all conditions related to the map have been
met and/or guaranteed with appropriate sureties. No further discretionary approvals are required.
CONCURRENCES
The Community Development Director concurs with the recommended action.
FISCAL IMPACT
There is no financial impact to the City with this proposed subdivision.
Council Agenda Report-Fi.._g Map Approval-Tract 2882 Page 2
ATTACHMENTS
1. Tentative Map,including Vicinity Map
2. Resolution No. 9873 (2007 Series)
3. Draft Resolution
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Attachment 2
RESOLUTION NO. 9873 (2007 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE
TRACT MAP AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO
RE-SUBDIVIDE THREE LOTS INTO FIVE,WITH EXCEPTIONS TO THE
SUBDIVISION REGULATIONS,FOR PROPERTY LOCATED AT
2710 AUGUSTA STREET(TRIER 104.06)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January
10, 2007, for the purpose of considering application TR and ER 10406, a request to re-subdivide a three
parcel deep-lot subdivision into five parcels, and recommended approval of the subdivision map to the
City Council; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the
applicant, interested parties, and evaluation and recommendations by staff; and
WHEREAS,.the City Council has considered the draft Negative Declaration of environmental
impact as prepared by staff.
BE IT RESOLVED,by the City Council of San Luis Obispo as follows:
SECTION 1. Findings.
Minor Subdivision
1. As conditioned, the design of the tentative map and proposed improvements are consistent with the
General Plan and its policies that call for compact urban form and a variety of housing types
compatible with the surrounding neighborhood. This is because the proposed new lots are within an
existing neighborhood, located along an existing common-access driveway, and are surrounded by
urban development.
2. As conditioned, the site is physically suited for the type and density of development allowed in the
R-1 zone, since the proposed lots meet area standards as required within the R4 district and project
conditions will require architectural review for new development.
3. The design of the tentative map 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 since the project does not involve significant tree removals, it does not interfere with
creeks or wetlands, and the site is surrounded by urban development.
4. The design of the subdivision will not conflict with easements for access through (or use of property
within) the proposed subdivision since all adjacent properties are accessed independently and the
proposed lots, as conditioned,will gain access from the existing shared driveway..
Exceptions to Subdivision Standards for Lot Depth
R 9873.
n Attachment 2
Resolution No. 9873 (2007 Series)
Page 2
5. The property to be divided is of such size or shape, or is affected by such topographic conditions,
that it is impossible, impractical or undesirable, in the particular case, to conform to the strict
application of the regulations codified in the Subdivision Ordinance. Approval of this subdivision in
accordance with the lot depth standards would require demolition of, or moving an existing
residence. General Plan policy discourages the demolition of sound_ housing and there is no public
benefit to require the existing house to be moved; and
6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for
granting the modification. It is City policy to conserve existing housing and prevent displacement of
occupants; and
7. As conditioned, the modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity since the modification will only result in a reduced lot
depth, and orientation of the lots towards the common-access driveway. If the lot depth were
measured from the proposed flag lot access driveway these lots would meet all standards of the
Subdivision Ordinance; and
8. Granting the exception is in accord with the intent and purposes of these regulations, and is
consistent with the General Plan and with all applicable specific plans or other plans of the City since
it does not grant special privileges or modify allowable land uses within the existing R-1 district.
9. A Negative Declaration was prepared by the Community Development Department.on December 20,
2006, and recommended by the Planning Commission on January 10, 2007/The City Council finds
and determines that the project's Negative Declaration adequately identifies that there is no
foreseeable potential for significant environmental impacts by the.proposed project.
SECTION 2. Action.
The Council hereby approves the tentative tract map to re-subdivide three existing parcels into five
residential lots, and adoption of said Negative Declaration (TR/ER 104-06), with incorporation of the
following project conditions:
1. The new parcels shown on the Tentative Tract Map shall be considered "Sensitive Sites" and
construction shall be subject to architectural review to consider neighborhood compatibility.
2. Prior to recordation of the final map, the non-conforming duplex on lot 5, addressed as 2720
Augusta, shall be modified to conform with standards for the R-1 district,as a single-family dwelling
with three parking spaces, at least one of which is covered.
3. The existing driveway approach and any new approach shall comply with current City and ADA
standards.
4. Lots 2 thru 5 shall share a common driveway approach to Augusta Street, and each residence shall be
designed in consistency with City Standards for deep-lot subdivisions.
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Attachment 2
Resolution.No. 9873 (2007 Series)
Page 3 _
�5.j A landscape plan shall be prepared as part of the subdivision improvement plans. An adequate
quantity of trees and screening shrubs shall be planted at the edge of the accessway adjacent to the
existing residence on the property and along the opposite edge of the accessway where it adjoins
neighboring properties. Additional trees and shrubs may be necessary as required by Community
Development Department. Landscape tree varieties shall be a minimum size of 15-gallon nursery
stock.
6. The subdivider shall provide a 4-foot wide band of stamped concrete to differentiate a pedestrian
path within the driveway from the sidewalk to the rear of the lots.
7. All subdivision improvements expressed within the project, and project conditions, shall be
completed prior to the recordation of the final map, unless a bond in an amount sufficient to ensure
improvements has been posted for the project.
8. Prior to recordation of the final map the driveway access to lot 2 (which spans lots 2 and 3 and is
covered by an access easement) shall be modified as necessary to meet City standards for a fire truck
and vehicle tum-around.
9. In addition to the easements listed on the tentative map, an easement shall be recorded over the
driveways on lots 2 and 3 for vehicle and fire truck turn-around. This easement shall include a
stipulation that vehicles may not park in this area for any duration of time.
10. Fire Department Access shall be in accordance with Article 9 of the California Fire Code (CFC).
Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a
60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
11. 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.
12. Separate utilities, including water, sewer,gas, electricity, telephone, and cable TV shall be served to
each parcel to the satisfaction of the Public Works Director and serving utility companies. Utilities
to new residences shall be underground.
13. Impact fees shall be paid at the time of new development. Impact fee credit may be available for the
demolition of the existing legal unit in accordance with the related ordinances for Water, Sewer-, and
Traffic Impact fees.
14. The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map,consistent with SLO
Municipal Code Section 16.40.080.
15. A final map drawn in substantial conformance with the approved tentative map, and in compliance
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Attachment 2
Resolution No.9873 (2007 Series)
Page 4
with all conditions set forth herein, shall be submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
On motion by Councilman Settle, seconded by Councilman Brown, and on the following roll
call vote:
AYES: Council Members Brown and Settle, Vice-Mayor Mulholland and Mayor Romero
NOES: Council Member Carter
ABSENT: None
The foregoing resolution was passed and adopted this 6th day of February 2007.
Mayor David F. Romero
ATTEST:
Audrey HXe r
City Cler
APPROVED AS TO FORM:
Jona well
City Attorney
Attachment 3
RESOLUTION NO. (2007 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2882
(2710 Augusta Street)
WHEREAS, the City Council made certain findings concerning the tentative map for
Tract.2882, as prescribed in Resolution No. 9873 (2007 Series),and
WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the
required subdivision improvements as shown on the approved plans, and all fees have been
received, as prescribed in the subdivision agreement, and
WHEREAS, the required subdivision improvements consist of private on-site
improvements that do not require Council acceptance, and
WHEREAS, all conditions required per said Resolution No. 9873 (2007 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2882, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map, and
2. The subdivision agreement for Tract No. 2882 as shown on the attached Exhibit `B"
is hereby approved, and
3. Approval of the final map is hereby granted, and
4. The Public Works Department is authorized to release the surety bonds shown in the
subdivision agreement upon completion of the required improvements.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
ice\
Resolution No. (2007 ,c''ies) Attachment 3
Page 2
The foregoing resolution was passed and adopted this day of 2007.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J athan well
City Attorney
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- Exhibit "B"
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 2007 by and
between Jeremy Fissell and John Ferguson, herein collectively 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 2882, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2007.
The Subdivider desires that said Tract No. 2882 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, SIDEWALKS AND CURB RAMPS
2. DRIVEWAY BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
Exhibit !!B!!
5. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each pubic utility shall be
required to file a letter stating that the developer has property installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
6. 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 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.
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.
Exhibit "B"
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 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$90,272 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.
City Council authorizes the Public Works Department to release the bonds upon
completion of the required subdivision improvements. Neither periodic nor progress
C3 -is
Exhibit °111
inspections or approvals shall bind the City to accept said 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 ($45,136) in accordance
with State law.
Said Subdivider will pay an inspection fee to the City with building permit and
encroachment permit issuance 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.
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
-' Exhibit "B"
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.
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
Jeremy F se
MAYOR David F. Romero ,
17.
7`6u
son
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
l
Exhibit "B"
EXHIBIT 1
TRACT 2882
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of$1,250 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 9873 (2007 Series)
approving the tentative map.
Exhibit "B"
EXHIBIT 2
TRACT 2882-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees: -
Total Faithful Performance $90,272 Bond 8/6/07
Labor&Materials(50%of total cost of $45,136 Bond 8/6/07
improvements
Monument Guarantee $1,250 CD or Letter of Credit
Fees:
Map Check Fee $2,920 Credit Card 03/23/07
Plan Check and Inspection Fee To be calculated and paid at time of Building permit(#070332)
and encroachment permit issuance.
Park In-Lieu Fee' $9,974 Check#1066$4987 8/6/07
Credit Card$4987
Water Impact Fee'
Wastewater Impact Fee'
Transportation Impact Fee'
1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units.
if 3 -/9