HomeMy WebLinkAbout05/20/2008, C7 - APPROVAL OF THE FINAL MAP FOR TRACT 2808, 153 STENNER STREET (TR/ER 1-06) council "`°`"°`n"° 05/20/08
j agenda Report 'k."..b� 7
CITY OF SAN LU IS OBISPO
FROM: Jay D.Walter, PE-Director of Public Work�10J
Prepared by: Diane Dostalek
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2808, 153 STENNER
STREET (TR/ER 1-06)
CAO RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2808 located at 153 Stenner Street and
authorizing the Mayor to execute the subdivision agreement on behalf of the City.
DISCUSSION
A vesting tentative map for Tract 2808 (TR/ER 1-06) (see Attachment 1 for vicinity map) was
approved by City Council on August 1, 2006, by Resolution No. 9829 (2006 Series) (Attachment
2), which authorized creation of a one lot subdivision for the purpose of creating 10 residential
condominium units.
All required subdivision improvements have been completed, or appropriate securities have been
submitted to guarantee completion of the improvements. The 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.
CONCURRENCES
The Community Development Director concurs with the recommended action.
FISCAL IMPACT
There is no significant financial impact to the City with this proposed subdivision.
I \Y
Council Agenda Report-Fit,-.,Map Approval-Tract 2865 Page 2
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9829 (2006 Series)
3. Draft Resolution
g:\staff-reports-agendas-minutes\_car\2008\devrev\tract 2808\car-final map approval for tract 2808.doc
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Attachment 1
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Vicinity_Ma —Tract 2808
Attachment 2
RESOLUTION NO.9829(2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A
TENTATIVE TRACT MAP AND NEGATIVE DECLARATION OF ENVIRONMENTAL
MPACT FOR A TEN-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 153
STENNER STREET(TRIER 1-06)
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 June 28, 2006 pursuant to an application filed by Ocean Ridge Development
Group, LLC., property owners, 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 patties,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.
t. The proposed tentative tract map is consistent with the General Plan because the subdivision
will provide for residential development consistent with the Medium-High :Density
Residential Zone.
2. As conditioned, the design and improvement of the proposed subdivision is consistent with
the General Plan because each dwelling has access to a compact, private open space area and
adequate common open space and recreation areas, and the development will occur as pan of
the neighborhood pattern anticipated for the medium-high density residential zone.
3. The site is physically suited for the proposed type`of development because it is an.under-
developed site that is adjacent to an existing street right-of-way.
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, or the type of improvements, is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat
because the site does not have any creeks or other potentially significant habitat areas for fish
R 9829
Resolution No. 9829 (2006 Series)
Attachment 2
Page 2
or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious public
health problems because the type of improvements are residential and development will be
designed to meet existing building and safety codes.
7. The design of the subdivision, or the type.of improvements, will not:conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because no such easements exist.
8. A Negative Declaration was prepared by the Community Development Department on June
20, 2006, and found to be adequate by the Planning Commission on June 28, 2006. 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 for a ten-unit residential condominium
development and adoption of said Negative Declaration (TR/ER 1-06), with incorporation of the
following project conditions and code requirements:
Conditions:
1. The project shall be forwarded to the Architectural Review Commission to review the project
design for consistency with the Community Design Guidelines following approval of the
Common Interest Subdivision by the City Council. Their review shall include approval of the
final location and design of the necessary trash enclosure(s) and consistency with property
development standards.
2. Applicant shall pay the Inclusionary Housing in-lieu fee prior to issuance of building permits.
3. The final map shall indicate common and private open space yards and the CC&Rs shall
describe maintenance of all common areas.
4. Long term bicycle storage shall be supplied for each unit, to the approval of the Community.
Development Director.
5. The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map, consistent
with SLO Municipal Code Section 16.40.080.
6. 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.
��s
Resolution No.9829 (2006 Series)
Attachment 2
Page 3
7. Subdivider shall prepare conditions, covenants, and restrictions (CC&Rs) to be approved by
the Community Development Director and City Attorney prior to final map approval.
CC&Rs shall contain the following provisions:,
a. Creation of a homeowners' association to enforce the CC&Rs and provide for
professional,perpetual maintenance of all common areas including private driveways,
drainage, on-site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners'association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC&Rs and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which ate parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, trailers nor long-term storage of
inoperable vehicles.
L No outdoor storage by individual units except in designated storage areas.
g. No change in City-required provisions of the CC&Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red-curbing along interior roadways
as required by the City Fire Department.
j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
1. No change in City-required provisions for trash collection without prior Community
Development Director approval.
in. No rooms other than those designated as bedrooms may be used as sleeping rooms.
Code reauirements:
c7-�
Resolution No. 9829 (200606Series) Att a dent 2
Page 4
The following code requirements are included for information purposes only. They serve to give the applicant a
general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as
other,requirements may be identified during the plan check process.
Public Works
1. The map shall be recorded prior to building permit:issuance in accordance with the City's
subdivision regulations and the Subdivision Map Act.
I
2. Public improvements required as a condition, code requirement, or mitigation measure may
be shown on a separate plan and approved prior to building permit issuance. Said
improvements may be completed or a bond posted for their completion to allow for
recordation of the map prior to the completing of all required and/or proposed improvements.
3. The required improvements may be processed as required for tract maps or may be processed
under an encroachment permit at the discretion of the City Engineer. If an encroachment
permit is used to complete all improvements, then a separate plan review fee shall be
established based on the requirements for subdivisions. Depending on the proposed timing
for map recordation and building permit issuance,.a completion guarantee may be required
per city standards.
4. The.provisions of Section 16.20.220 of the Subdivision Regulations are applicable to any
public improvements and generally those improvements that may have a direct impact on
public improvements as determined by the City Engineer.
5. Traffic impact fees shall be paid for this. development prior to building permit issuance.
Credit for removal of the existing buildings will be applied based on the use of the existing
development. Credit will only be applied to permanent,lawfully existing structures.
6. An encroachment permit will be required from the Public Works Department for any.work or
construction staging in the public right-of-way.
7. 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.
8. All wire utilities to the new units shall be underground.
9. Underground electrical service may be provided from the existing overhead system provided
at the rear of the property. The owner/applicant shall secure any necessary easements
required to extend services to this development.
10. Any sections of damaged or displaced curb, gutter& sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director prior to recordation of
the map.
11. The existing street pavement shall be maintained in good repair during construction. The
7-7
Resolution No. 9829 (2006 Series)
Attachment 2
Page 5
final pavement condition shall be evaluated at the completion of the project for excessive
wear or damage resulting from construction operations. Pavement repairs and a slurry seal
maybe required per City standards if determined as being necessary by the City Engineer.
12. The existing curb grades shall be verified as being consistent with the approved street grades.
If it is determined that the curb and gutter has settled to unacceptable limits, then they shall
be restored to curb and gutter elevations approved by the City Engineer. Any new curb grade
plans shall be prepared by a licensed engineer and shall be the responsibility of the
owner/developer.
13.The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (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.
14. A private sewer mainline may be proposed in-lieu of separate sewer laterals for each unit. If
proposed or required by the Utilities Director, the on-site sewer main shall be privately
owned and maintained by the Homeowners Association.
15. A maintenance agreement for the sewer, paving, landscape improvements, and any other
common improvements shall be recorded prior to or concurrent with the map recordation.
16. The parking lot design shall comply with the Parking and Driveway Standards and
Engineering Standard Section 2010.E.7. All parking spaces must be designed' so that
vehicles can enter in one maneuver. Furthermore, all .spaces shall be designed; so that
vehicles can exit to the adjoining street in a forward direction in no more than two
maneuvers.
17. The demolition of the existing building shall comply with all local, state, and. federal
requirements for the demolition of structures.
18.A preliminary soils' report is required in accordance with the Subdivision Map Act;and the
City of San Luis Obispo Subdivision Regulations. The report is required at the time of
tentative map submittal or if approved may be deferred to map recordation. The report shall
be referenced on the final map in accordance with the City's Subdivision ReguMons'and the
Subdivision Map Act.
19. This project shall comply with the requirements for engineered grading in accordance with
the grading ordinance. The grading, drainage, and erosion control plans shall be prepared by
a licensed civil engineer.
20. The building plan submittal shall include a complete grading, drainage and topo plan. The
grading plan shall show existing structures and grades located within 15' of the property lines
in accordance with the grading ordinance. The plan shall consider historic offsite drainage
tributary to this property that may need to be conveyed along with the improved "on-site
drainage. This development will alter and/or increase the storm water runoff from this site.
The improved or altered drainage shall be directed to the street and not across adjoining
property lines unless the drainage is conveyed within recorded easements or existing
waterways.
Resolution No. 9829(2006 Series)
Attachment 2
Page 6
21.The grading and drainage plan shall show theexisting and proposed contours and/or spot
elevations to clearly depict the proposed grading and drainage. Show and label the high point
elevation or grade break at the yard areas, drainage arrows, and spot elevations to show
positive drainage. away from the building pads and foundations to an approved: point of
disposal. The plan shall include the finish floor of the units, finish grade elevations, finish
surface elevations,and parking lot drainage.
22.The building plan submittal shall include an erosion control plan and erosion control notes in
accordance with the Waterway Management Plan Drainage Design Manual and to the
satisfaction of the Building Official and Public Works Director. Erosion control measures
shall be implemented and maintained for construction occurring between October 15 and
April 15.
23. One 15-gallon street tree is required for each 35 lineal feet of frontage. A portion or all the
required street trees shall be planted in the parkway per city engineering standards #8010 and
#8230 prior to recordation of the map. The remaining street trees shall be planted within the
street tree easement area. The final mix of species and tree locations shall be.approved to the
satisfaction of the City Engineer and City Arborist.
24.The proposed street trees and any parkway landscaping shall be installed and maintained by
the Home Owners Association. The final planting plan for the parkway and onsite.landscape
areas shall consider the required line-of-sight distances for vehicles exiting onto Sanderuock.
Mapping and Misc.Requirements
25. 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.
26.The parcel maplfinal map preparation and monumentation shall be in accordance with the
City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The
parcel map may use Customary U.S. Units or the International System of Units (metric
system). All record data shall be entered on the map in the record units, metric translations
should be in parenthesis if applicable.
Grading&Drainage
27.In order to mitigate for a decrease in water quality, the stormwater runoff from all improved
areas of the development site, except rooftops, shall be treated in accordance with the Best
Management.Practices published in the California Stormwater Quality Association's Best
Management Practice Handbook,January 2003. For the purposes of water quality design, all
water quality BMPs shall be designed to treat runoff from a 25 min/24-Hour storm event.
��9
Resolution No. 9829 (2006 Series) Attachment 2
Page 7
28.Prior to the approval of public.improvement plans, the subdivider shall submit an updated
report based on the final design in accordance with the City's Waterways Management Plan
Drainage Design Manual
Water,Sewer &Utilities
29. All water and sewer facilities shall be designed and constructed in accordance with the City's
Engineering Standards and Standard Specifications. City Standards require water meters.to
be located within the public right-of-way, in the sidewalk or parkway area just behind the
curb (refer to City Standards 6010, 6110, 6140, 6210, and 6260). Water meters in.parkway
areas shall have a concrete apron between and around the meter boxes, as required by the
standards.
30. Water meters shall be manifolded in logical groups to the extent feasible, in .order to
minimize the number of service laterals and taps on the public water mains. Up to four 1"
water meters can be installed on a single 2"water service lateral.
On motion by Council Member Brown, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members'Brown, Ewan, Mulholland, and Vice Mayor Settle,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this I"day of August 2006.
Mayor David F. Romero
ATTEST:
Audrey Ho r
City Clerk
APPROVED AS TO FORM:
an P.Lowell
City Attorney
�7�d
Attachment 3
RESOLUTION NO. (2008 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2808
(153 STENNER STREET)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2865,as prescribed in Resolution No. 9829(2006 Series),and
WHEREAS, the subdivider has completed all required subdivision improvements or
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, all conditions required per said Resolution No. 9829 (2006 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. 2808, 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. 2808 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. (2008 aeiies) Attachment 3
Page 2
The foregoing resolution was passed and adopted this day of 2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonjtp,Rerowell
City Attorney
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Exhibit "B"
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_by and
between Ocean Ridge Development Group, LLC, a California Limited Liability Company,
herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2808, City of San Luis Obispo,
California, as approved by the City Council on the day of 200_
The Subdivider desires that said Tract No. 2808 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS 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
X17
I
Exhibit 11811
3. WATER MAINS and SEWER MAINS, including sewer laterals and water services
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 properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY &ALL OTHER IMPROVEMENTS shown on plans or required by 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 the City.
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 all of the above improvements shall be completed to the
satisfaction of the City prior to map recordation.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
e 7-ie
I I
Exhibit "Ble
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The estimated cost of the required subdivision improvements is $313,000.
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 final inspection approvals for all permits authorizing the
improvements. Subdivider has submitted a security in the amount of$31,300, which is
10% of the estimated cost of the required subdivision improvements, 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 final
inspection approvals have been granted for all permits authorizing the improvements.
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.
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 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
Exhibit 1
11
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.
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
Ocean Ridge Development Group, LLC,
a Califomia invited Liability Company
MAYOR David F. Romero
B : �iS +4l) ✓L
It's: C5e -erg
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
Exhibit "B"
EXHIBIT 1
TRACT 2808
SUBDIVISION AGREEMENT
1. Park-in-lieu fees have been paid,as listed in the attached EXHIBIT 2.
2. 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.
3. 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.
4. The subdivider shall comply with all requirements of Council Resolution No. 9829 (2006
Series)approving the tentative map.
Exhibits,,
EXHIBIT 2
TRACT 2808-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
10%Warranty and Defective Material $31,300 Letter of Credit 5/7/08
Monument Guarantee N/A
Monuments to be
set prior to map
recordation
Fees:
Map Check Fee $3,600- Check 6/1/07
Plan Check Fee N/A
Improvement Plan Inspection N/A
Park 1n-Lieu Fee' $22,691 Credit Card 5/7/08
Water Impact Fee` To be paid at time
of building permit
Wastewater.Impact Fee' To be paid at time
of building permit
Transportation Impact Fee' To be paid at time
of building permit
1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units.