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HomeMy WebLinkAbout09/16/2008, C4 - APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2825, 1231 LAU � I , council 09/16/08 j acEnaa Pepont 1�Nub` cY CITY O F SAN LUIS O B 1 S P 0 FROM: Jay D. Walter, PE-Director of Public Work4n 1J Prepared by: Diane Dostalek/Hal Hannula SUBJECT: APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION E10PROVEMENTS FOR TRACT 2825, 1231 LAUREL LANE (TR 37-06) CAO RECOMMENDATION 1. Adopt a resolution approving the Final Map for Tract 2825 (1231 Laurel Lane) and authorize the Mayor to execute the subdivision agreement on behalf of the City;and 2. Adopt a resolution accepting the public improvements and certifying completion of the required private subdivision improvements for Tract 2825. DISCUSSION Approving the Final Map As part of the Lofts on Laurel (1231 Laurel) vesting tentative map for Tract 2825 (TR 37-06) (see Attachment 1 for vicinity map) was approved by City Council on January 23, 2007, by Resolution No. 9868 (2007 Series) (Attachment 2), which authorized creation of a one lot subdivision for the purpose of creating seven residential condominium units. 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 resolution approving the final map (Attachment 3) also authorizes the Mayor to sign the Subdivision Agreement. Accepting the Public Improvements and Certifying Completion of Private Improvements Public improvements for this project include installation of a street light on an existing joint utility pole on Laurel Lane, driveway apron, curb, gutter and sidewalk, sidewalk underdrains, curb ramp, and utility service laterals located within the public rights-of-way. The remaining subdivision improvements are private including but not limited to the driveways, on-site utility C LH Council Agenda Report- Finar nllap Approval-Tract 2825 Page 2 services, the on-site storm drain system, and a private sewer main located within the driveway. The total estimated cost of the public and private improvements is $85,380. The public and private subdivision improvements have been substantially completed to the satisfaction of the city. There are a few minor items that still need to be completed, including installation of the street light on Laurel and a bench at the bus stop. The bench has been ordered by the developer, and the developer has paid PG&E for the labor to install the street light. A security in the amount of $8,538, or 10 percent of the estimated construction cost, has been collected to insure that the subdivider completes the remaining minor items and that subdivider will remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within 12 months after subdivision acceptance, in accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California. The 12 month warranty period shall begin on the date of Council approval of the resolution accepting the public improvements and certifying completion of the private improvements (Attachment 4). CONCURRENCES The Community Development Director and Utilities Director concur with the recommended action. FISCAL EMPACT Typical maintenance and operation of public facilities will be required for the water service laterals, the bus stop, and for the new street light located along the Laurel Lane frontage. ATTACIE%IENTS 1. Vicinity Map 2. Resolution No. 9868 (2007 Series) 3. Draft Resolution Approving Final Map and Subdivision Agreement 4. Draft Resolution Accepting the Public Improvements and Certifying Completion of the Private Improvements g\staff-reports-agendas-minutesLcar12008\devrevltract 2825\car-final map approval for tract 2825.doc Attachment I -, -- -SO WOOD- Tract 2825 Vicinity Map Attachment 2 RESOLUTION NO.9868(2007 Series) -� A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN ADDENDUM TO INITIAL STUDY ER 121-03 AND TENATIVE TRACT MAP TO CREATE SEVEN AIRSPACE RESIDENTIAL CONDOMINIUMS LOCATED AT 1231 LAUREL LANE(TR 374)6) 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 December 13, 2006, and recommended approval of Application TR 37-06, a request to create seven airspace residential condominiums;and WHEREAS, the City 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.January 23, 2007, for the purpose of considering Application TR 37-06;and WHEREAS, the Council has reviewed and considered the Addendum to Initial Study ER 121- 03 for the project;and WHEREAS,the Council has duly considered all evidence,including the recommendation of the Planning Commission,testimony of interested parties,and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The design of the tentative tract map is consistent with the General Plan because the project will incrementally add to the City's high-Density Residential housing inventory, provides privacy for occupants and neighbors of the project, provides separate paths for vehicles and pedestrians and is consistent with the scale and character of surrounding developments. 2. The site is physically suited for the proposed type of development allowed because it is adjacent to existing street right-of-ways with complete City services. 3. 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. 4. The design of the tentative tract map and proposed improvements are not likely to cause serious health problems, 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 and wilpfe, is surrounded by urban development and has been previously developed with a service staO,pm S. On July 6, 2004, the Council approved a.Mitigated Negative Declaration of environmental impact (ER 121-03) for a General Plan Amendment, rezone and residential project at the site. The City of c�,y R 9868 Attachment 2 Resolution No. 9868(2007 Series) Page 2 San Luis Obispo has determined that an addendum to Initial Study ER 121-03 is necessary to document minor technical changes or additions that have occurred in the project description since the initial study was originally prepared. The City Council has reviewed and considered the information contained in the Addendum in its consideration of ER 121-03 and finds and determines that the environmental document adequately addresses the potential significant environmental impacts of the proposed project and that the preparation of a subsequent Negative Declaration is not necessary. SECTION 2. Environmental Review. The City Council does hereby reaffirm their adoption on July 6, 2004, of a.Negative Declaration with Mitigation Measures and adopt an Addendum to Initial Study ER 121-03 for TR 37-06 with incorporation of the following mitigation measure: Mitigation Measure: Noise I. The construction of future residential uses shall be accompanied by an acoustical analysis (noise study) to ensure that interior spaces and exterior private use areas comply with standards contained in the City's General Plan Noise Element. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. SECTION 3. Action. The City Council does hereby approve Application TR 37-06 with incorporation of the following conditions and code requirements into the project: Conditions: I. All project conditions associated with the architectural approval of the project as approved by Council on September 6,2005, via Resolution No. 9733 (2005 Series) shall be incorporated herein as conditions of approval. 2. 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. 3. Fixed seating, such as concrete or metal picnic tables, shall be provided within the common recreation area located along the northeast property line, subject to the approval of the Community Development Director. 4. 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: Resolution No.9868 (2007 Series) Attachment 2 Page 3 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,fighting, and landscaping. b. Giant 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 are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. f. 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. IL All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City. Code R uirements: 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. The project is subject to all requirements in effect at the time of the building permit or map vesting date. 1. The subdivider shall dedicate a 6' (2111) wide public utility easement and a 10' (3m)wide saw tree easement across the tract frontages. Said easements shall be adjacent to and contiguous with all Public right-of-way lines along the Laurel Lane and Southwood Drive frontages. 2. Any building permits issued for work required to satisfy the conditions of the subdivision shall receive final inspection approvals or shall have substantially completed all work to the satisfaction of the Building Official prior to recordation of the map. 3. The final map shall include any required public or private easements as required for the proposed development of the tract dements may include, but are not limited to, grading drainage, water, sewer, storm drainage, access, vehicle turn-around, and utilities. Any CC&Rs, maintenance or common driveway agreements shall be completed and recorded concurrent with final map approval. 4. 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 if determined necessary and/or beneficial by the City Engineer. off-site street lighting improvements, alterations, or 0 LI— & Attachment 2 Resolution No.9868 (2007 Series) Page 4 upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. 5. The CC&Rs for the project shall require that the homeowners association or acceptable maintenance organization submit, to the City of San Luis Obispo Public Works Department, a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities and any necessary maintenance activities on a semi-annual basis (April 30 and October 1 of each year). The CC&Rs for the project shall also include detailed procedures for maintenance and operations of any storm water facilities,common sewer lateral and green waste recycling. 6. 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 licensed land surveyor or registered civil engineer authorized to practice land surveying. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 7. Since the proposed project results in additional demand on the City's water supplies, the project must comply with the City's Water Allocation Regulations, which can be found in the Water and Wastewater Element of the City's General Plan. The City currently has water to allocate, and does so on a "first-come, fust-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 residential unit basis,with appropriate credit given for any prior accounts on the property. 8. 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. 9. One street tree is required per 35 lineal feet of street frontage or any part thereof. No trees shall be planted within 5 feet from the back of sidewalk. Trees shall be planted to City specifications. 10. The preliminary soils report prepared shall be referenced on the final map in accordance with the City's Subdivision Regulations. On motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Settle,and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None RECUSED: Council Member Carter The foregoing resolution was passed and adopted this 23nd day of January 2007. �`f � T Attachment Z Resolution No. 9868 (2007 Series) Page 5 Mayor David F.Romero ATTEST: Audrey ffoqjer City Cler APPROVED AS TO FORM: J .Lowell City Attorney C7 ' 8 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.2825 (1231 LAUREL LANE) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2825, as prescribed in Resolution No. 9868 (2007 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. 9868 (2007 Series) will be met prior to or concurrent with final recordation of the map. NOW THEREFORE BE IT RESOLVED, 1. That the final map for Tract No. 2825, 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. 2825 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 vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2008. ATTEST: Mayor David F. Romero City Clerk Audrey Hooper Approved as to Form: City Attorney Jonathan P. Lowell ��9 g:istaff-reports-agendas-minutesLcar12008\devrev%tract 28254inal map approval resolution for tract 2825.doc o e e�A 1B sddw I . ...._ h I ba wig �C ffigh 4 .. y >p g 12�q �d xy o a k sL. s LL, yy app �y� y ;. lollb 81 4 k Wb� ��yys 4N d b 9 8 - e Zia Lt Az I Vt LLA � mg h �! U95 W 22 a 6y !H cr�m� W4 +'x�,�. �,a �xWM $ GINP4.ogc Ia ngh +n 8t 3pX br' <+bt➢ltlmrlThu'<GI.�'lsuOlillinill]®'✓Mllro�all <�W wel lx�+ Exhib° Ory LQ O h h ^+O W QQ NR3 V O 2 < FdOJd0 jjypp LYNN < Z4 ZZ pp � 2 I 4p6 CS N � rtViWO �(< y oeE p N anry 4 Al rNi at4 b b a J4 Z N (I • EE � Yp 2 � W 6 O � �p�< l�y� � A a (,J/� < U6 Boer Ycv b� w'.v,vrrlem um 1✓mff.CWpp1(vIYO uIr{O`lwll/e'^611 s+W eur ror+•� sddry — Ex ° ° oogo� 1, 00 • e pec . 1214 b OIEN a // 3 • $ mob gill d a7 / �\ .HRS � g3; � 9 a 3 y ; ; �� � t • � tom gE aa Ax f N ? a gill za;<{a/ 1 diie55. co tn tn Sg Cq � h 1 k. U� / 1 �; II 7�a/za.�xw�.TUV.aal a.(ucmv • �b11 it C� (MIMW.IPuf(Wd 2P4G•GCM ��� � � 1 ppO m �O i a 0 " $ { a oy01 gfi 5 •3 I& \ y gx \ $q 1 (N Jl'ftl SM6.i'N ([°1 tl'W (!11!lQ'.60f• (INfM4U RmMbfM �w.o.w e�afureu I g RI `\ B MM 73YJ2 F7 i9P � (N.am•lymaar.(rU.wan�sgwmr _ a� {a < 730,YVot 090990-96 #000 111 ZElZ 10Y2/1 @i� 111 wmDl Aq[Yop hsR4 D[I'Idnr uqe mvlarrW fD(fivlllavl�+ilrwt:l mWar)sl+� Exhibit IIBII SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 200_by and between Tierra Bonita, a partnership, 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 2825, City of San Luis Obispo, California, as approved by the City Council on the day of , 200_ The Subdivider desires that said Tract No. 2825 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 of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER SERVICES AND SEWER LATERALS 4. LANDSCAPING AND STREET TREES �p 5. DRAINAGE STRUCTURES (.,��13 timbit "Big 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 said 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 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 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 n , `tel y indicated on the attached Exhibits 1 and 2. l•�( 'Exhibit "B" 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$8,538 which is the amount of the estimated cost of subdivision improvements that remain to be completed from the original $85,380 of required improvements. Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the performance security, is not, 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.. 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, the City will retain the said $8,538 instrument of credit or bond, which equates to 10% of the required subdivision improvements, for a period of one year following completion and acceptance thereof. That amount being deemed sufficient to guarantee faithful performance by the Subdivider of his ooyel!� Exhibit B°BIa 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. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision,"all plans and specifications on file with said City 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 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. exhibit "Big 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 fumish 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 Tierra Bonita, p nership MAYOR David F. Romero - Paul T. ag e P rtner ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM: CITY ATTORNEY Jonathan P. Lowell Exhibit "B" EXHIBIT 1 TRACT 2825 SUBDIVISION AGREEMENT 1. Monuments have been set for this subdivision. 2. Park-in-lieu fees have been paid,as listed in the attached E UBIT 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 9868 (2007 Series) approving the tentative map. -ahibit 1111 EXMIT 2 TRACT 2825-FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Total Faithful Performance $8,538 CD 8/22/08 Labor&Materials(50%of total cost of N/A improvements Improvements substantially complete Monument Guarantee N/A Monuments ahead set Fees: Map Check Fee $3,459 Check 5/25/1007 Plan Check Fee N/A Park In-Lieu Fee' $27,678 Check 7/17/2008 Water Impact Fee' To be collected with building permit Wastewater Impact Fee' To be collected with building permit Transportation Impact Fee' To be collected with building permit 1 All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units. ^ �'� Attachment 4 RESOLUTION NO. (2008 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO.2825 (1231 LAUREL LANE) WHEREAS, the City Council made certain findings concerning Tract 2825, as prescribed in Resolution No. 9868 (2007 Series); and WHEREAS, the City Council approved the final map for Tract 2825 per Resolution No. (2008 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2825, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2825 in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW THEREFORE, BE IT RESOLVED: 1) The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2825. 2) The Public Works Director is authorized to release the 10% Guarantee and Defective Material surety upon satisfactory completion of the twelve month time period per the Subdivision Agreement for Tract 2825. On motion of seconded by and on the following vote: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2008. ATTEST: Mayor David F. Romero City Clerk Audrey Hooper Approved as to Form: City Attorney Jonathan P. Lowell a:\staff-reports-aaendas-minutes\ car\2008\devrev\tract 2825\acceptance of improvements resolution for tract 2825.doc