HomeMy WebLinkAbout09/16/2008, C5 - APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2807, 499 N. C council °"° 09/16/08
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CITY O F SAN LUIS O B I S P O
FROM: Jay D.Walter, PE-Director of Public Wore
Prepared by: Diane Dostalek/Hal Hannula
SUBJECT: APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS FOR TRACT 2807, 499 N. CHORRO
(TR/ER 207-05)
CAO RECOMMENDATION
1. Adopt a resolution approving the Final Map for Tract 2807 (499 N. Chorro) and authorizing
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 2807.
DISCUSSION
Approving the Final Map
As part of the project at 499 North Chorro, a tentative map for Tract 2807 (TR/ER 207-05) (see
Attachment 1 for vicinity map) was approved by City Council on August 1, 2006, by Resolution
No. 9828 (2006 Series) (Attachment 2), which authorized creation of a one lot subdivision for
the purpose of creating six residential condominium units. Per Section 16.10.150, tentative maps
shall expire twenty-four (24) months from the date of approval. However, per California Senate
Bill 1185 approved July 15, 2008, all tentative maps that had not expired as of July 15, 2008,
and will expire before January 1, 2011, have been automatically extended by twelve (12) months
from their expiration date. Therefore, the new expiration date of the tentative map is August 1,
2009, so the final map can be approved and recorded without processing a new tentative map.
As shown on the approved tentative map, a portion of North Chorro is being abandoned by the
City with this subdivision in exchange for a dedication of additional right-of-way along Ferrini
Road. Per Section 66499.20'/2 of the Subdivision Map Act, the filing of the final map shall
"constitute abandonment of all public streets and easements not shown on the map, provided that
a written notation of each abandonment is listed by reference to the recording data creating these
public streets or public easements, and certified to on the map by the clerk of the legislative body
or the designee of the legislative body approving the map." The final map adequately references
the abandonment per these requirements.
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
C5-1
Council Agenda Report- Finai Map Approval-Tract 2807 ' J Page 2
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 curb, gutter and sidewalk, handicap
ramp, driveway apron, 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 services, the on-site storm drain system, and a
private on-site sewer main. The total estimated cost of the public and private improvements is
$71,128.
The public and private subdivision improvements have been completed to the satisfaction of the
City.
A security in the amount of $7,113, or 10 percent of the estimated construction cost, has been
collected to guarantee that the 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 IMPACT
Typical maintenance and operation of public facilities will be required for the water service laterals.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9828 (2006 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-minutes\_car\2008\devrev\tract 2807\car-final map approval for tract 2807.doc
Attachment 1
HIGHLAND CITY LIMITS
CITY LIMITS
SITE
FELTON 2
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CERRO ROMAULDO
FOOTHILL
VICINITY MAP
(NO SCALE)
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' Attachment2
RESOLUTION NO.9828(2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL MPACT AND TENATIVE
TRACT MAP TO.CREATE 6 AIRSPACE RESIDENTIAL
CONDOARNIUMS LOCATED AT
499 NORTH CHORRO STREET
(TR/ER 207-05)
WHEREAS, the Planning Commission of the City of San Luis Obispo condu¢ted a
public hearing in the Council Chamber of.City Hall, 990 Palm Street, San Luis Obispo,
California, on June 28, 2006, and recommended approval of Application TR/ER 207:05, a
request to create 6 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 August 1,
2006, for the purpose of considering Application TR/ER 207-05; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly consideredall 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 theproject
proposes 6 attached residential units within a 3-story building, will incrementally add.to the
City's High-Density Residential housing inventory, respects existing site constraints,
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
R 9828
CS—�
T Attachment 2
Resolution No. 9828 (2006 Series)
Page 2
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 wildlife, is surrounded by urban development
and has already been developed with a single-family residence.
5. A Mitigated Negative Declaration was prepared by the Community Development
Department on June 13, 2006. The City Council finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project.
SECTION 2. Environmental Review. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the City
Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the
following mitigation measures and monitoring programs into the project:
Mitigation Measures:
Air Quality
1. The following mitigation measures will adequately control dust and minimize potential
violations for the project. All of these PM mitigation measures must be included on grading
and building plans. In addition, the contractor or builder shall designate a person or persons
to monitor the dust control program and to order increased watering, as necessary, to prevent
transport of dust off site. Their duties shall include holidays and weekend periods when
work may not be in progress. The name and telephone of such persons shall be provided to
the APCD prior to land use clearance for map recordation and grading.
(A)Reduce the amount of the disturbed area where possible.
(B)Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency whenever wind speeds exceed 15;inph:
Reclaimed(non-potable) water shall be used whenever possible.
(C)All dirt stock-pile areas should be sprayed daily as needed.
(D)Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities.
(E)All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders,jute netting, or other methods approved in advance by the APCD.
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the site.
(G)In the event that the excavation of materials will take place in close proximity of asphalt,
street sweepers shall be used at the end of each day if soil material is carried' onto
adjacent paved roads.
(I)All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top.of load .
and top of trailer) in accordance with CVC section 23114.
cs-s
Attachme.nt 2
Resolution No. 9828 (2006 Series)
Page 3
(1) Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast-germinating native grass seed and watered
until vegetation is established.
(n Plant shade trees along southern exposures of buildings to reduce_ summer cooling needs
as well as planting trees on both sides of the roads to reduce the reflective radiating heat
of asphalt roads.
(K)Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site.
(L) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
2. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations, the applicant must
comply with the following dust mitigation measures outlined in the Asbestos.A.TCM for
Construction, Grading, Quarrying, and Surface Mining Operations. All of these Asbestos
mitigation measures must be included on grading and building plans. The APCD monitors
State air quality requirements and will be routed plans that are submitted for building
permits for the project to insure compliance with all standards and requirements. APCD
also responds in the field during construction on a complaint basis.
(A)Construction vehicle speed at the work site must be limited to fifteen (15)miles per hour
or less;
(B)Prior to any ground disturbance, sufficient water must be applied to the area to be
disturbed to prevent visible emissions from crossing the property line;
(C)Areas to be graded or excavated must be kept adequately wetted to prevent visible
emissions from crossing the property line;
(D)Storage piles must be kept adequately wetted, treated with a chemical dust suppressant,
or covered when material is not being added to or removed from the pile;
(E)Equipment must be washed down before moving from the property onto a paved public
road; and
(F) Visible track-out on the paved public road must be cleaned using wet sweeping or a
NEPA filter equipped vacuum device within twenty-four(24)hours.
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored by .
the Air Pollution Control District (APCD), through a complaint based enforcement system.
The requirements listed above are noted on the project plans and the City Building Inspector
and Public Works Inspector for the project are instructed to contact APCD in the event of a
probable violation. Members of the public can also call APCD if they are concerned about
dust or other emissions from a construction site.
Geology and Soils
3. Building plans and specifications for site redevelopment shall incorporate, all
recommendations included in the Soils Engineering Report prepared by GeoSolutions Inc..
Attachment 2
Resolution No. 9828 (2006 Series)
Page 4
for the project dated September 9, 2005, subject to the approval of the Chief Building
Official.
➢ Monitoring Program: Building permits are required for all proposed grading actiivitie's and
construction of on-site improvements. These building permits will be evaluated for
compliance with the recommendations of the soils report by Community Development
Department staff.
Noise
4. Building plans and specifications for site redevelopment shall incorporate all
recommendations included in the acoustical analysis prepared by 45dB.com for the project
dated March 20, 2006, to ensure the project complies with standards contained in the City's
General Plan Noise Element, subject to the approval of the Chief Building Official.
➢ Monitoring Program: Building permits are.required for the construction of the 6-unit
residential condominium project. These building permits will be evaluated for compliance
with the recommendations of the acoustical analysis by Community Development
Department staff.
SECTION 3. Action. The City Council does hereby approve Application TR/ER 207-05
with incorporation of the following conditions and code requirements into the project:
Conditions:
1. All project conditions associated with the architectural approval of the project as approved by
the Architectural Review Commission on June 5, 2006, shall be incorporated herein as
conditions of approval.
2. The demolition of the existing building triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the sewer lateral must be abandoned at they main
prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If
the 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.
3. The landscape shall be designed for water efficiency in accordance with Chapter 13.20 of the
Municipal Code. The landscaping and irrigation system shall be designed to minimize
overspray and irrigation runoff.
4. 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 relatingthereto,
including but not limited to environmental review. . Z
CS"I
- , Attachment 2
Resolution No. 9828 (2006 Series)
Page 5
5. 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 are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, 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.
L 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 of vehicles at all times, to be enforced by
the homeowners association and the City.
Code Requirements:
1. The applicant shall satisfy the project's Inclusionary Housing requirement prior to the
issuance of a building permit.
2. A public improvement plan, prepared by a registered civil engineer, shall be submitted to the
Public Works Director for review and approval. Improvement plans shall include a complete
grading, erosion control and drainage plan and appropriate calculations for the entire site in
compliance with all applicable sections of the Waterway Management Plan Drainage Design
Manual and City Engineering Standards. The grading plan shall include existing and
proposed contours to clearly depict the proposed grading and drainage for this development.'
All grades, layout, staking and cut-sheets necessary for the construction of street paving and
frontage improvements shall be the responsibility of the subdivider.
Attachment 2
Resolution No. 9828 (2006 Series) .
Page 6
3. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m); wide ..
street tree easement across the tract frontage. Said easementsshall be, adjacent to and
contiguous with all public right-of-way lines along the North Chorro and Ferrini frontages.
4. 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.
5. The final map shall include any required public or private.easements as required for the
proposed development of the tract. Easements may include, but are not limited to, grading;
drainage, water, sewer, storm drainage, access, vehicle tum-around, and utilities. Any
CC&Rs, maintenance or common driveway agreements shall be completed and recorded
concurrent with final map approval.
6. 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.
7. Complete street improvements shall be constructed in accordance with the most current City
regulations, City of San Luis Obispo Engineering Standards and Standard Specifications.
Existing improvements shall be repaired, replaced or upgrade per City standards to the
satisfaction of the Public Works Director,prior to the recordation of the final map..
8. 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 upgrades may be required along roadways leading to and.from
the proposed development to complete the necessary public improvements.
9. The subdivider shall place underground, all existing overhead utilities along the public street
frontage(s) where determined to be beneficial and feasible to the satisfaction of the Public
Works Director. . The applicant may explore the option of moving the existing overhead
facilities to the existing parallel utility poles if feasible within the standards of the supplying.
utilities. All new wire utilities serving the proposed dwelling units shall be underground.
10. The CC&R 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&R for the project shall also include detailed
procedures for maintenance and operations of any storm water facilities, common sewer
lateral and green waste recycling.
11. 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
Attachment 2
Resolution No. 9828 (2006 Series)
Page 7
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.
12.'The two exterior comers of the subdivision.shall be tied to at least two points of the'City's
horizontal control network (these tie lines shall be shown on the final map), California;State
Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datura
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).
13. 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 electronic drawing files (.dwg) and any
associated plot files.
14. Prior to acceptance by the City of public improvements, the subdivider's engineer; shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital.Interchange Format, D)M for Geographic Information System (GIS)
purposes, to the satisfaction of the Public Works Director.
15. 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, 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 residential unit basis, with appropriate credit
given.for any prior accounts on the property.
16. The gravity sewer in Ferrini Road shall be extended beyond the adjacent parcel to a point
where the lateral from the proposed development cantie in without running down the sliver
of property along Ferrini Road.
17. 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.
18. One street tree is required per 35 lineal feet of street frontage or any part thereof. Trees shall
be planted to City specifications.
19. All elevations must be based on a City Bench Mark and noted per City datum elevations.
The plans shall note the benchmark number„ location and elevation. Include a clear
Attachment 2
Resolution No. 9828 (2006 Series)
Page 8
description of the benchmark referenced on the plans. Clarify whether the NGVD 29 or
NAVD 88 datum is being used.
20. The preliminary soils report prepared by GeoSolutions with Report No..SLO5022-1, dated
September 9, 2005 shall be referenced on the final map in accordance with the City's
Subdivision Regulations.
21. The subdivision improvements and/or building plans shall include provisions to minimize
the amount of any collected groundwater seepage that would be directed to the gutter at the
public street.
22. The final map preparation and monumentation shall be in accordance with the city's
Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final
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 shouldbe in
parenthesis if applicable.
23. The public improvement plans and specifications shall include the use of the International
System of Units (metric system) where applicable. Customary U.S. Units (English units)
may be used as the primary unit as long as dual units are provided in accordance with the
current Engineering Standards.
On motion of Council Member Brown, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland,Vice Mayor Settle, and
Mayor Romero
NOES: None .
ABSENT: None
The foregoing resolution was passed and adopted this 15t day of August,2006.
- Attachment 2
Resolution No. 9828 (2006 Series)
Page 9
Off
Mayor David F. Romero
ATTEST:
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
Jonath well
City Attorney
RESOLUTION NO. (2008 SERIES)
Attachment3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2807
(499 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning the vesting
tentative map for Tract 2807, as prescribed in Resolution No. 9828 (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. 9828 (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. 2807, 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 C'4j-- 13
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Exhibit "B"
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 200_by and
between Bella Vista SLO, 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 2807, City of San Luis Obispo,
California, as approved by the City Council on the day of 200_
The Subdivider desires that said Tract No. 2807 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
5. DRAINAGE STRUCTURES 0,54(o
4(o
EXhiblt 11 11
6. 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.
7. 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
indicated on the attached Exhibits 1 and 2.
C5"
EXhibit 9981E
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
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$7,113 which is the
amount of the estimated cost of subdivision improvements that remain to be completed
from the original $71,128 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
$7,113 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
CS-18�
Exhibit
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.
a. l9
Exhibit 11811
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
Bella Vista SLO, LLC,
a California Limited Liability Company
MAYOR David F. Romero
Truitt G. Vance, Managing Member
ATTEST:
CITY CLERK Audrey Hooper trmothy Riley, Man ing Meer
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
1..5'C
kXhibit "B"
EXHIBIT 1
TRACT 2807
SUBDIVISION AGREEMENT
1. A monumentation bond in the amount of$2,500 has been collected to ensure installation of
the monuments as shown on the final map.
2. .Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall comply with all requirements of Council Resolution 9828 (2006 Series)
approving the tentative map.
C�-�I
- Exhibit 11811
EXHIBIT 2
TRACT 2807-FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance $7113 CD 8/28/08
Labor&Materials(50%of total cost of N/A
improvements Improvements
substantially
complete
Monument Guarantee $2,500 CD 8/28/08
Fees:
Map Check Fee _ $3,608 Check 7/31/08
Plan Check Fee N/A
Park In-Lieu Fee' $19,505 Check 8/28/08
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 COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING
COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO.2807
(499 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning Tract 2807, as
prescribed in Resolution No. 9828 (2007 Series); and
WHEREAS,the City Council approved the final map for Tract.2807 per
Resolution No. (2008 Series) and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2807, 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 2807, 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, the City Council hereby accepts the
public improvements and certifies completion of the private improvements for
Tract No. 2807. 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 2807.
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:
C5-a3
City Attorney Jonathan P. Lowell
g:\staff-reports-agendas-minutes\-car\2007\devrev\tract 28071Acceptance of improvements resolution for Tract 2807.doc