HomeMy WebLinkAbout09/18/2007, C5 - APPROVAL OF THE FINAL MAP FOR TRACT 2707, 953 ORCUTT ROAD (TR 151-03, GPA/ER 114-02) council 09/18/07
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CITY O F 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 2707, 953 ORCUTT ROAD
(TR 151-03, GPA/ER 114-02)
CAO RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2707 located at 953 Orcutt Road and
authorizing the Mayor to execute the subdivision agreement on behalf of the City.
DISCUSSION
A vesting tentative map for Tract 2707 (TR 151-03), formerly known as Tumbling Waters and
now known as Laurel Creek (see Attachment 1 for vicinity map), was approved by City Council
on November 15, 2005, by Resolution No. 9748 (2005 Series) (Attachment 2), which authorized
creation of a 23 lot subdivision for the purpose of creating 178 residential condominium units.
Required subdivision improvements have either been completed, or appropriate securities have
been submitted to guarantee completion of the remaining improvements. The draft resolution
(Attachment 3) approving the final map also authorizes the Mayor to sign the Subdivision
Agreement.
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.
The Laurel Creek developers are constructing improvements that were required as mitigation in the
Environmental Impact Report (EIR) for the Four Creeks Residential Rezoning Project. These
improvements include widening Orcutt Road to four lanes along the adjacent property and
constructing improvements at the intersection of Laurel and Orcutt. A reimbursement agreement is
currently being prepared that will direct the City to collect fees from developing properties within
the Four Creeks Residential Rezoning area. The fees collected will be used to reimburse the Laurel
Creek developers for the cost of the EIR mitigation constructed by Laurel Creek, since this was a
shared mitigation requirement of all Four Creeks properties. This reimbursement agreement is
expected to be presented to Council for its consideration on October 2, 2007. Council approval of
the reimbursement agreement is required for the Tract 2707 final map to record. The alternative fon
Cs-1
Council Agenda Report- Final Map Approval:Tract 2882 Page 2
Laurel Creek developers, should the reimbursement agreement not be entered into, is to pay $1.25
million to construct the Orcutt Road improvements to Laurel Lane per EIR mitigation measures
TR/MM-4 and TR/MM-6 upfront, rather than deferring it as proposed in the reimbursement
agreement.
CONCURRENCE
The Community Development Director concurs with the recommended action.
FISCAL MWACT
There is no significant financial impact to the City with this proposed subdivision. Increasing the
amount of public streets and right-of-way has a cumulative financial impact to the City for
infrastructure maintenance. However, due to the size of this tract, maintenance can be
accomplished within existing resources.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9748 (2005 Series)
3. Draft Resolution
g:\staff-reports-agendas-tninutesLcar\2007\devrev\tract 2707\car-final trap approval for tract 2707.doc
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Tumbling Waters
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' Attachment 2
RESOLUTION NO.9748(2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE TRACT MAP FOR THE
TUMBLING WATERS PROJECT AND ALLOCATING UP TO$400,000 OF
AFFORDABLE HOUSING FUNDS TO THE PROJECT'S AFFORDABLE
HOUSING PROGRAM
TR 151.03(861 AND 953 ORCUTT ROAD,TRACT 2707)
WHEREAS, the Council 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 November
15, 2005, for the purpose of considering Planning Application TR 151-03, a vesting tentative
tract map providing for the development of 178 new homes; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the proposed
development plan,including modified property development standards; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law;and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3,2003,July 28,2004,May 25, 2005 and October 12,2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
malting recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project;and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Subdivision Findings. The following findings are hereby made in support of
the proposed subdivision.
1. The proposed map is consistent with the General Plan because the project helps meet the
City's goal of maintaining a compact urban form aM Goal 31).
R 9748
Attachment 2
Resolution No. 3748 (2005 Series)
Page 2
2. The design of the proposed subdivision is consistent with the General Plan because it will
provide for variety in the location, type, size, tenure and style of housing in the City(HE
Goal 5.1).
3. The site is physically suited for the proposed type of development because it is an under-
developed site adjacent to existing street rights-of-way with complete City services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development,and utilities have been designed to serve the site per City standards.
5. The design of the subdivision is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because all biological
impacts of the project have been evaluated in the Final EIR for the project and mitigation
measures will insure that impacts will be less than significant
6. The design of the subdivision is not likely to cause serious public health problems
because environmental impacts, such as noise, are mitigated by design and buildings in
the subdivision will be designed to meet strict building and safety codes.
7. The design of the subdivision will not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision because the
project design has been reviewed to insure compatibility with the limitations established
by existing easements for utilities..
Section 2. Subdivision. The vesting tentative tract map for Tract 2707 is hereby
approved,subject to the following conditions of approval.
Public Improvements,Dedications,and Utilities
1. The public improvement plans for Tract 2707 and Tract 2785 shall consider the proposed
or required phasing to complete the combined development known as Four Creeks. The
public improvement plans for each subdivision shall include any offsite improvements as
necessary to provide a reasonable transition between these two subdivisions in the case
that one project is developed before the other. The scope of required improvements shall
be approved to the satisfaction of the Public Works Director. A reimbursement
agreement may be processed for any off-site improvements required to be constructed by
a development where not previously required or proposed.
2. Public improvement plans shall be submitted to the Public Works Department for review
and approval. The plans shall be approved prior to building permit issuance. Public
improvement plans and specifications shall comply with the City Engineering Standards
and Standard Specifications in effect at the time of submittal of the improvement plans.
The latest versions are dated January 2005.
Attachment 2
Resolution No. 9748 (2005 Series)
Page 3
3. Complete street improvements include but are not limited curbs,gutters,sidewalks,
ramps,full width street pavement, bus turn-outs and appurtenances,bridges,signage,
striping,barricades,utility extensions,and street lights.
4. A public improvement plan,prepared by a registered civil engineer,shall be submitted to
the Public Works Director for review and approval. All grades,layout,staking and cut-
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the developer.
5. An encroachment permit is required for any work within the public right-of-way or
within a public easement.
6. Any existing structures,private water supply,or private waste disposal system shall be
abandoned to the satisfaction of the Public Works Director,Building Official,and County
Health Department. Existing improvements may remain if specifically approved,are not
considered to be a nuisance or health hazard and are shown to not be affected by the
proposed location of property lines and/or improvements.
7. The public improvement plans and subsequent development plans shall recognize that the
Historic McMillan residence previously existed at the address known as 861 Orcutt. The
codes in effect at the time the residence was moved and accessory structures were
demolished would not have required the removal of any septic tank and leach field
serving the property.
8. Any easements including but not limited to provisions for all public and private utilities,
access,drainage,common driveways,and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
9. Additional public right-of-way or public pedestrian easements may be necessary to
accommodate impmvements required for Americans with Disabilities Act(ADA)
compliance,to the satisfaction of the Public.Works Director.
10. The extinguishment or quitclaim of any existing easements shall be clearly identified on
the final map or shall be completed separately prior to map recordation if applicable.
11. Access rights along Orcutt Road,except at approved driveway locations shown on the
tentative map,shall be dedicated to the City.
12. The subdivider shall dedicate a 4.6m wide public utility easement and a 3m wide street
tree easement across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right-of-way lines bordering each lot.
.13. The subdivider shall dedicate the additional right-of-way.necessary to accommodate a
bus tum-out, shelter and appurtenances proposed and conditioned for the adjoining Tract
2785. A separate construction easement, slope bank, and/or grading easement may be
necessary to facilitate construction of the bus stop improvements.
Attachment 2
Resolution No. 9748 (2005 Series)
Page 4
14. The public improvement plans shall clearly show and label all existing and proposed
public and private utilities. Private utilities shall be installed in accordance with the
Engineering Standards and adopted codes and ordinances and shall be maintained by the
Homeowners Association(HOA).
15. Alternate paving materials shall be approved to the satisfaction of the Public Works
Department, Utilities Department, and Community Development Department where
proposed within the public street. A separate temporary encroachment agreement and/or
maintenance agreement may be required to clarify that the HOA will be responsible for
pavement maintenance and upgrades where occurring within the Sacramento Drive right-
of-way.
16. The extent of alternate paving shown on the public improvement plans and subsequent
development plans shall be approved by the city's Traffic Engineer.
17. Complete details shall be included with the public improvement plans for the pedestrian
bridge connecting Tracts 2707 and 2785. A private pedestrian easement shall be
recorded with each map to recognize this link between developments.
18. . Street trees; shall be planted along all public and private street frontages per city
standards. The number,.location,species,and planting details shall be approved by the
City Arborist in conjunction with the public improvement plans and/or development
plans. The planting of street trees maybe deferred until development for all or a portion
of the development to the satisfaction of the Public Works Director:
19. Final grades and alignments of all public and/or private water, sewer and storm drains
shall be approved to the satisfaction of the Public Works Director and Utilities Engineer.
The final location,configuration,and sizing of service laterals and meters shall be
approved in conjunction with the review of the public improvement plans.
20. The subdivider shall install street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults,fusing, wiring,and luminaries per City standards.
Off-site street lighting improvements, alterations,or upgrades may be required along
roadways leading to and from the proposed development to complete the necessary
public improvements.
21. Street lighting shall be provided along the private streets or paths in accordance with the
approved development and/or ARC plans. Any private street or pathway lighting shall be
maintained by the HOA.
22. Separate utilities,including water,sewer,gas,electricity,telephone,and cable TV shall
be served to each lot to the satisfaction of the Public Works Director and serving utility
companies.
Attachment 2
Resolution No.9748(2005 Series)
Page 5
23. The subdivider shall place underground,all existing overhead utilities along the public
street frontage(s),to the satisfaction of the Public Works Director and utility companies.
24. The applicant shall work with the Public Works,Fire and Community Development
Departments when finalizing on-site drive aisle widths to provide uniformity and
minimize paved surfaces where possible.
25. No garage doors shall be located within 20 feet of the back of sidewalk with direct access
to public street.
26. The applicant shall be responsible for providing a physical connection on Sacramento
Drive between the existing sidewalk and the project's proposed detached sidewalk.
Grading and Drainage
1 All bridging,culverting and modifications to the existing creek channels must be in
compliance with city standards and policies,the Waterways Management Plan and be
approved by the Public Works Director,Arany Corp of Engineers,the Regional Water
Quality Control Board,and Fish&Game.
2. Any necessary clearing of existing creek and drainage channels,including tree pruning or
removals,and any necessary erosion repairs shall be approved to the satisfaction of the
Public Works Director,the City's Natural Resources Manager,the Department of Fish
and Game,the Regional Water Quality Control Board,and the Army Corp of Engineers
if applicable.
3. General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing,grading and excavation
results in land disturbance of one or more acre. 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 Resources Control Board.
4. A copy of the Stormwater Pollution Prevention Plan required by the SWRCB shall be
included in the public improvement plan set for reference. The public improvement plans
shall include reference to the WDID number.
5. This development is subject to the city's Waterways Management Plan and Drainage
Design Manual. Development shall also be shown to comply with the Flood Damage
Prevention Regulations. The public improvement plan submittal shall include a complete
drainage study.
6. Post-development stormwater runoff shall be shown to comply with Engineering
Standard 101O.B. For purposes of this section,private streets and private parking arras
shall be considered as impervious development.
Attachment. 2
Resolution No.9748 (2005 Series)
Page 6
7. Detention basins have been proposed or are required for this subdivision. As such,a
vector control plan shall be submitted and approved to the satisfaction of the city in
conjunction with the public improvement plans. The HOA shall be responsible for any
detention basin maintenance and/or nuisance abatement created by the maintenance of
said basins.
Mapping Requirements
1. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor in accordance with the Professional Land Surveyors Act, the
Subdivision Map Act and the Subdivision City's Regulations.
2. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
into the Geographic Information System (GIS) database. Submit this data either via email,
CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version
2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any
questions regarding format,please call prior to submitting electronic data.
3. The final map 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.
4. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the AutoCAD compatible
drawing files and any associated plot files along with one original,stamped and signed,
ink on mylar set of plans.
5. Prior to acceptance by the City of public improvements,the developer's engineer shall
submit a digital version of all public improvement plans and record drawings,compatible
with AutoCAD for Geographic Information System(GIS)purposes,in accordance with
the City's Engineering Standards,to the satisfaction of the Public Works Director.
6. The map shall be recorded prior to the occupancy or final inspection approval of any of
the units. Otherwise, the map shall be processed as a condo conversion per Municipal
Code Chapter 17.82.
L/4 -9
Attachment 2
Resolution No.9748(2005 Series)
Page 7
Utilities Conditions and Code Requirements
1. The water main that loops through the project between the main in Orcutt Road and the
main in Broad Street appears to serve both the domestic and the fire sprinkler uses within
the project. The Fre Department will determine which buildings will have a common
fire sprinkler system (serving more than one unit) and which will serve individual units.
Each.fire lateral must have a USC approved backflow prevention device. Often, planned
developments such as this have a separate dedicated private fire main that runs through
the site serving fire sprinklers and fire hydrants, which would require only two backflow
devices (one at each end). The engineer will need to determine which approach is best
suited for the proposed development.
2. The sewer system shall be clearly labeled as private on the plans. Since the City owns
and operates the water system up to, and including, the water meter, much of the onsite
water system will be required to be public. The amount of public water system outside of
the public right-of-way shall be minimized to the extent possible. Water meters shall be
manifolded in groups of two to six meters. As many as four 1" meters or six 3/4" meters
can be placed on each 2"water service manifold.
3. All public water and sewer facilities shall be located within easements or property deeded
to the City.
4. A water allocation is required,due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a"first-come,first-served"basis.
Water is allocated at the time .building permits are issued and the Water Impact Fee is
paid. Both the Water and the Wastewater Impact Fees are charged on a per unit basis for
the residential portion of the project and based on the size of the water meter(s) serving
the non-residential portions.
5. If any well exists that has not been properly destroyed in accordance with the standards
of the County Department of Environmental Health,additional requirements will apply.
6. The owner's engineer shall submit water demand and wastewater generation calculations
so that the City can make a determination as to the adequacy of the supporting
infrastructure. If it is discovered that an offsite deficiency exists, the owner will be
required to mitigate the deficiency as a part of the overall project.
7. The project is tributary to the Tank Farm/Rockview Lift Station system, which is very
near maximum capacity and is scheduled for replacement. The City is pursuing a
regional project to construct a large sewage lift station on Tank Farm Road to replace the
existing lift stations and provide the needed capacity for build-out of the Airport,
Margarita, and Orcutt Specific Plan Areas. This sewer project is scheduled to be
complete by Spring of 2007. Currently, there is approximately 108 gpm of available
capacity in the lift station system. City crews are pursuing a minor upgrade that will
provide an additional 110 gpm of capacity. There are several developments proposed for
the area served by this lift station system. Available capacity will be assigned to a
Attachment '2
Resolution No. 9748 (2005 Series)
Page 8
particular development at the time building permits are issued on a 'Tint come, fust
served" basis. If available capacity is gone before the regional lift station project is
complete,building permits may be delayed.
8. Each fire service lateral shall include a USC approved backflow preventer appropriate for
the proposed use. .The backflow preventer shall be located as close to the public water
main as possible, in direct alignment with the backflow device. The backflow preventer
can be located no further than 25 feet from the right-of-way line without prior written
approval of the Utilities Engineer. If the fire service supports one or more fire hydrants,
the USC approved backflow preventer(s) shall also include detector capabilities (double
detector check assembly). The FDC may be located behind the backflow prevention
assembly, in accordance with manufacturer's recommendations. The location and
orientation of the FDC shall be approved by the Fire Department.
9. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over$50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
10. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that any existing sewer lateral stubbed to the property must be
abandoned at the main as part of the overall project, unless the lateral is intended for reuse
and it passes a video inspection. If any existing sewer lateral is intended for reuse, the
owner shall submit a VHS videotape documenting the internal condition of the pipe to the
Utilities Department for approval.
11. The irrigation systems for common areas, parks, detention basins, and other large
landscape auras shall be designed and constructed in accordance with the standards for
reclaimed water use. If reclaimed water is not yet available,the system shall be designed
and constructed to reclaimed water standards, and temporarily connected to the City's
potable water system in the area of the anticipated connection to the reclaimed water
system. Appropriate backflow protection shall be installed with this connection to the
satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached
at 781-5567.
12. Existing high speed-data infrastructure located within the Sacramento Drive right-of-way
shall be relocated to the edge of the right-of-way with construction of the improvements
required for Sacramento Drive,to the approval of the City's Public Works Director.
1_ Attachment 2
Resolution No.9748(2005 Series)
Page 9
Conditions, Covenants and Restrictions
1. The final map and project CC&R's shall include disclosure statements and notifications
regarding the potential for a grade separation to occur across the project frontage that
may impact views in the future.
2. The project CC&R's shall include disclosure and notification that the project is in an
urban area and adjacent to an industrial zone,which includes uses that may cause noise,
odors,and traffic that are not typical in rural and suburban neighborhoods.
Section 3.Affordable Housing Fund. The City Council does hereby approve allocation
of Affordable Housing Funds in an amount not to exceed$400,000,based on the following
findings.
1. Eligibility. Use of the Affordable Housing Fund will increase or improve affordable
housing inventory and promote General Plan policies regarding housing and related
community goals because the project will increase the City's affordable housing
inventory by 10 moderate-income units and promote General Plan policies,among them:
"Assist with the issuance of bonds, tax credit financing, loan underwriting, or other
financial tools to help develop or preserve affordable units through various programs,
including, but.not limited to: (1) below-market financing and (2) subsidized mortgages
for very-low,low-and moderate income persons and first-time home buyers,and(3)self-
help or"sweat equity'homeowner housing." (Housing Element Program 2:3.9)
2. Need. There exists a substantial or overarching need for the type of housing to be
assisted because with a median home sales price of well over $600,000 and an
affordability index of 10% (the percentage of households in the City based on income
who can afford to purchase a median-priced home), the need for more affordable housing
in San Luis Obispo is unquestioned..
3. Suitability. The project to be assisted is appropriate for its location,both in terms of land
use and design because the site is appropriate for a higher density residential project; in
fact, the City initiated the General Plan Amendment to enable development of such a
project. Since adoption of the Housing Element, Tumbling Waters is the best examples
of"affordable-by-design." The project embodies the concept of higher density, compact
development on an infill site.
4. Timing. The project would better serve the City's needs if it were built immediately as
opposed to later because the need is urgent— affordable housing opportunities should be
taken advantage of quickly. Construction is scheduled to begin in summer, 2006. Also,
it is important to secure the BEGIN grant by the end of 2005 to ensure availability of
funding.
Attachment 2
Resolution No. 9748 (2005 Series)
Page 10
5. Financial Effectiveness. AHF funding "leverages" significant additional funding from
other sources. The AHF funds provide significant leverage with State and private
funding sources. This financing package is a great example of the City's funding sources
in action — Proposition 46 funding and developer contribution, supplemented by the
City's AHF, filling the gap in financing and allowing provision of 10 additional
affordable housing units.
The developer is contributing one dollar for every three dollars the City dedicates to the
financing of these additional 10 units. This is a critical component of the package to
close the financing gap. Furthermore, the developer is contributing to affordable housing
in another way—by locking in the sales price about one year ago. The median sales price
in San Luis Obispo has increased approximately 25%over the last year.
6. Readiness. The project has all necessary City approvals and is ready to proceed Upon
receiving land use approval from the Council, Tumbling Waters will have received its
discretionary land use entitlements. By including the regulatory relief measures, the
project becomes approved for BEGIN grant funds.
On motion of Council Member Settle, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 15`h day of November 2005.
Mayor David F. Romero
ATTEST:
Audrey Ewper 61
City Clerk
APPROVED AS TO FORM:
J&Wg6m P.Lowell
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.2707
(953 ORCUTT ROAD)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2707, as prescribed in Resolution No. 9748 (2005 Series), and
WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the
remaining required subdivision improvements as shown on the approved plans, and all fees have
been received, as prescribed in the subdivision agreement, and
WHEREAS, all conditions required per said Resolution No. 9748 (2005 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. 2707, 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. 2707 as shown on the attached Exhibit`B"
is hereby approved, and
3. Approval of the final map is hereby granted.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (2007 Series) 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:
Jonathan P. Lowell
City Attorney
g:\mfl-reports-agendas-minutesLcar\2007\devrevltract 2707\final map appwal resolution for tract 2707.doc
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Exhibit III
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_by and
between CITYVIEW LAUREL CREEK 178, L.P. a Delaware limited partnership, herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the
11city.
11
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 2707, City of SanLuis Obispo,
Califomia, as approved by the City Council on the��� day of , 200_.
The Subdivider desires that said Tract No. 2707 be accepted and approved as a
Final Map pursuant,to the Subdivision ReguIW' io s 6f thetCity of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It,is a-conditio.n of said regufations.that(theSubdivider agree to install the
improvements as set foeh 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
llblt 111
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
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`properiy 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 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 an/grades:or all of said improveme_nts.shall be established by the
Subdivider in accoi'dance with said approved.plans and specfications..
The;Subdivider agrees�thafthe;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.
Exhibit "6"
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
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, instruments 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 instruments of credit or bond are in the amounts totaling $3,625,861.41,
which is the amount of the estimated cost of said improvements that remain to be
completed from the original $4,269,481.41 of required improvements. Per
Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the
performance security, isnot, and shall not be deemed to be, an acceptance by the City of
the completed improvements, and the risk of loss or damage to the improvements and the
obligation to maintain the improvements shall remain the sole responsibility of the
subdivider until all required public improvements have been accepted by the local agency
and all other required improvements have been fully completed in accordance with the
plans and specifications for the improvements.
elw '-,Z✓
Exhibit "B"
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
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 labor and materials sureties in the
amounts totaling $2,134,770.71, which is 50% of the original cost of the above described
subdivision improvements, in accordance with State law.
�5-22
Exhibit '"B"
Said Subdivider has paid an inspection fee of$471,931.00 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/i{nt°e�rp ting an defining the obligations of
the Subdivider under this agreement.
Pursuant to Government Code S ct on,-6647,4 9(b), the subdivider shall defend,
indemnify and hold harmless the;City and/or its gents, officers and employees from
any claim, action or proceeding against the City and/or,its agents, officers or employees
to attack; set aside,,`oid or,annul, the approval 6y 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 agreeme t.
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
MAYOR David F. Romero
Exhibit "B"
SUBDIVIDER
CITYVIEW LAUREL CREEK 178, L.P.,
a Delaware limited partnership
By: Watt Communities at Laurel Creek LLC,
a California limited liability company, its
authorized agent
By: Watt Developers LLC, a California limited
Liability company, its sole Member
By:
Gary Politte, Vice President
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
Exhibit "B°
EXHIBIT 1
TRACT 2707
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of$4,000 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. The Subdivider has deposited a security in the amount of$4,000 to guarantee completion of
the design of a pedestrian bridge connecting Tract 2707 with the Creekston project. Said
security shall be released upon approval of the pedestrian bridge plans by the City and upon
payment of plancheck fees to the City for review of the pedestrian bridge plans.
3. Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2.
4. 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.
5. 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.
6. The subdivider shall comply with all requirements of Council Resolutions 9747 (2005
Series), 9748 (2005 Series), and 9753 (2005 Series) approving the EIR,tentative map, and
zone change.
ea:r-4-5r
Exhibit 11818
EXHIBIT 2
TRACT 2707-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Faithful Performance
Tract 2707 See Exhibit 3)
Bond 1 $1,285,740.00 / \\
Bond 2 $1,603,186.80
Bond 3 $457,213.20 \\ \\
Faithful Performance $279,721.4L'
Creekston frontage M07-009
Labor&Materials \\ .
Tract 2707(50%of total cost of improvements)(See'-Exhibit 3)
Bond 1 $759,450.00.:
Bond 2 $963,660.00
Bond 3 $271,800.00 \ C
Labor&Materials '11,39,860,71 \
Creekston frontage M07-009 be
Security to guarantee completion of the $4,000 .;
design of the ped bridge connecting.Tract
2707 with the Creekston project
Monument Guarantee / \\ $4,000
Fees: A .
Map Check Fee \\ $4,614 Check 4/25/07
Plan Check Fee . / ,$63 620 Check 4/25/07
Tumbling Waters frontage,e,Tract 2707
Plan Check Fee A�,, $5,764
Creekston frontage,M07-009 '
Improvement Plan Inspection \ ./$432,373 Check 4/25/07
Tumbling Waters frontage,Tract 2707
Improvement Plan Inspection $39,558
Creekston frontage,M07-009,
Park In-Lieu Fee $703,812
Proportionate share of Broad/South,. $133,000
intersection improvements per EIR
mitigation measures TR/MM-1 and
TFJMM-26
In-lieu fee for Orcutt Road improvements $1,250,000
to Laurel Lane per EIR mitigation
measures TR/MM4 and TR/MM-6
Affordable Housing Requirements NA
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