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Home My WebLink About08/17/2010, C4 - APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2954, 225 N. C council 08/17/10 acEnba nEpoat 1�Num6w C I TY OF SAN L U IS OBISPO FROM: Jay D. Walter, PE-Director of Public Work 0� Prepared by: Diane Dostalek/Hal Hannula SUBJECT: APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2954, 225 N. CHORRO (TR/ER 135-07) RECOMMENDATION 1. Adopt a resolution approving the Final Map for Tract 2954 (225 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 2954.. DISCUSSION Approving the Final Map As part of the project at 225 North Chorro, a tentative map for Tract.2954 (TR/ER 135-07) (see Attachment 1 for vicinity map) was approved by the City Council on January 22, 2008, by Resolution No. 9951 (2008 Series) (Attachment 2). This tentative map authorized the creation of a one lot subdivision for the purpose of creating twelve 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 January 22, 2011, and the final map can be approved and recorded without processing a new tentative map. 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. cy Council Agenda Report-Fit w'Map Approval -Tract 2954 Page 2 Accepting the Public Improvements and Certifying Completion of Private Improvements Public improvements for this project include installation of sidewalk, driveway aprons, and utility service laterals located within the public rights-of-way. The private subdivision improvements include, but are 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 $309,022. The public and private subdivision improvements have been completed to the satisfaction of the City. A security in the amount of$30,900, 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. 9951 (2008 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\2010\devrev\tract 2954\car-final map approval for tract 2954.doc Attachment 1 ` m HIGHLAND DR Z FELTON WAY Zp S41p S�Fti n '9 S S ti py0�q�I �O O� � ERRO REMAULD �O � ISITE FOOTHILL ROAD O Opt T RAMONA DRIVE I T9�� 9 MEINECKE. AVE i Z O A i SAN LUIS OBISPO = MURRAY ST O O I Ln 1 I i n� I �P I NTS J VICINITY MAP cy� s- Attachment 2 RESOLUTION NO.9951 (2008 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A CONDOMINIUM TRACT MAP FOR 12 RESIDENTIAL UNITS FOR THE PROPERTY AT 225 NORTH CHORRO STREET TR/ER 135-07 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 12, 2007, pursuant to an application filed by Tim and Mary Ann Riley, applicant; and recommended approval of the subdivision map and adoption of the Negative Declaration of environmental impact; and WHEREAS,the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties, and evaluation and recommendations by staff; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council makes the following findings: 1. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints,.will incrementally add to the City's residential housing inventory,result in condominium unts that meet density standards, and will be consistent with the density and development limits established by the High Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R4 zones since the site is generally flat, surrounded by existing high density residential development and close to parks, schools and transit services. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 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 wildlife. The site is surrounded by urban development.and has been previously developed with multi-family residential units. 5. A Negative Declaration was prepared by the Community Development Department on November 14, 2007. The City Council finds and determines that the project's Negative Declaration R 9951 cy-� Attachment 2 Resolution No. 9951 (2008 Series) Page 2 adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Action. The City Council hereby adopts the Negative Declaration and approves the Tentative Tract Map for 12 residential units at 225 North Chorro Street subject to the following conditions: Conditions: 1. The applicant shall construct the project so as to substantially conform to plans stamped with Community Development Department approval and incorporate conditions listed herein. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Community Development Director and may at the discretion of the Director, have to be referred back to the Architectural Review Commission. 2. Final building plan sets released to the builder/contractor shall contain clear and legible notes that no changes (even for minor exterior details) from building plan sets shall occur without prior permission from Brian Leveille, City of San Luis Obispo, staff Planner,or the Community Development Director, as required. 3. Construction plan sets shall include conditions of approval from all project approvals (ARC/MS 135-07) for contractor/builder reference. 4. All ducts,meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. Public view includes the existing views from all public streets and sidewalks. Gas and electric meters,electric transformers, and large water piping systems (backflow prevention devices) shall be completely screened from public view with approved architectural features and/or landscape plantings and/or placed on the interior of the structure. 5. Backflow prevention devices, fire department connections or other similar devices that are not shown on the plans approved by the Architectural Review Commission shall be approved by the Planning Department prior to placement on the site. If located within the street yard, such devices shall be screened by landscape walls or landscape shrubs and painted a flat green color. 6. The Hydrology Report shall further address the drainage to be discharged to the westerly property line. Although the amount of run-off in the design storms has been reduced,there appears to be an existing problem with silt draining onto the adjacent property. The drainage plan shall consider the possibility of relocating the westerly parking lot drainage inlet to allow the open space lawn area to provide the maximum opportunity to accept drainage and sediment. The applicant shall also notify the neighboring property owner of his intention to continue to discharge water through a weir in the retaining wall. �y� - Attachment 2 Resolution No. 9951 (2008 Series) Page 3 7. The subdivider shall dedicate a 6' wide public utility easement and a 10' 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. 8. Long term bicycle parking spaces in the garage shall include a device for securing bicycle against the wall. 9. New oak trees shall be planted at a replacement rate of 5:1 at an off-site location to be approved by the Natural Resources Manager. In addition to replacement trees, at least one of the required street trees planted for the project shall be a Coast Live Oak. 10. Construction plans shall be modified to provide three full size.guest parking spaces. 11.The subdivider shall prepare conditions,covenants, and restrictions (CC&R's)to be approved by the Community Development Director and the City Attorney prior to final map approval. CC&R's shall contain the following provisions: a. Creation of a homeowners'association to enforce the CC&R's 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&R's 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&R's without prior City Attorney 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&R's shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. �y� Resolution No. 9951 (2008 Series) Attachment 2 Page 4 k. CC&R's shall include requirements that garage spaces be used for vehicle parking only and shall remain available for occupant vehicle parking and not be used for storage or other uses. 11. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,indemnify and hold harmless the City and/or its agents,officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. On motion of Council member Mulholland seconded by Vice Mayor Brown, and on the . following roll call vote: AYES: Council Members Carter, Mulholland, and Settle,Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 22°d day of January 2008. Mayor David F.Romero ATTEST: AL Audrey Hoo er City Clerk APPROVED AS TO FORM: onath . Lowell City Attorney Attachment 3 RESOLUTION NO. (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO.2954 (225 NORTH CHORRO) WHEREAS, the City Council made certain findings conceming the vesting tentative map for Tract 2954, as prescribed in Resolution No. 9951 (2008 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. 9951 (2008 Series) will be met prior to or concurrent with final recordation of the map. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract No. 2954, as shown on the attached Exhibit "A" is found to be in substantial compliance with the tentative map. SECTION 2. The subdivision agreement for Tract No. 2954 as shown on the attached Exhibit`B"is hereby approved. SECTION 3. Approval of the final map is hereby granted. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: R a a Resolution No. (2010'6eries) Attachment 3 Page 2 The foregoing resolution was adopted this day of 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVF.Q AS TO FO 3ity> tine Dietrick Attorney T:\Council Agenda Reports\Puhlic Works CAR\2010\DcvRev\Tract 2954,225 N Chorro\Final Map approval resolution for Tract 2954.doc �y 9 hibst F- z w 2 w o< v S 6: W- RP :�o; v I-Es w 2w s Is"t! d Z<I ;i Z..25. 0 w .1w -j A w ()614: w Ised z bpgq I z Plin0 �a < F- A jlilq� 0 .-Tg w Z 11,09 al 01 Ld z Ali! w 3-5.- 2 -- r. w 9tMli-0 F- UNFE $1 1 1 j 2 < U) Ira < 2 gg,.I§g U) (n U) 16'0&N�oj I- < 0 OR w < J9. ;� I ag d p -t'b * w 0 V) - lF 9 H's F- RUH Wz w F- < —Y af 0 §65 gSp 5? ?�lf R w V) -N- '!-.6 xg of �Vx < 9 < in �— 9 !!ili '! I w �< 0 -9 z BTU H . 0 w k all K z 9 as 6 " -- ' Exhb't- ' A N i��5 7 n.0 3 in.o zc 6�--On, 40 ,< Z w r 0 IRE Kula ig gw Co u C� 10 C) (10 ls� 7� M w I 4�� Cn W— .�3 lo, W..$V,z xm..Uc� ��X'3 3� co fiz .2 9 9 07 ol�00'612�fwlladts t,02 �10 2C Al�J3N80A WOO1z, w 93 R LLIF 0 w W-� LL 3 w w w �j8 1 1 4 j 0 WIN *Exhibit 11811 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 2010 by and between Villa San Luis LLC, a California Limited Liabiky 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 2954, City of San Luis Obispo, California, as approved by the City Council on the day of _, 2010. The Subdivider desires that said Tract No. 2954 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 ofsaid 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 fife in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. C EXhibit "B" 4. LANDSCAPING 5. DRAINAGE STRUCTURES 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 project approvals. 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 compleite such work. Any extension of time hereunder shall not operate t8 release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. 2 faxhibit "B" The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of$30,900 which is the amount of the estimated cost of subdivision improvements that remain to be completed from the original $309,022 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 call 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 3 thibilt 111 66499.9 of the Government Code of the State of California, the City will retain the said $30,900 instrument of credit or bond, which equates to 10% of the r equired 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 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 dote 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. "AS-BUILT' record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. 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 4 4xhibit "B" 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 by1he. City of this subdivision, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. It is understood and agreed by and between the Subdivider and the City hereto that this ag.reement.-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 WHEREOP, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER Villa San Luis, LLC a California Limited Liability Company MAYOR David F. Romero ATTEST: MANAOIN-G M"EM8ER T im Riley CITY CLERK El.aina Cano APPROV7, NEY Christine Dietrick Exhibit "B" EXHIUBIT 1 TRACT 2954 SUBDIVISION AGREEMENT I The Subdivider has deposited a monumentation guarantee in the amount of$400 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee w ill be released to the Subdivider upon receipt by the City of a,letter from the Engineer indicating that they have completed the work and have been paid. 2. Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2. 3. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. The subdivider shall comply with all requirements of Council Resolution 9951 (2008 Series) approving the tentative map. Exhibit "B" EXHMIT 2 TRACT 2954- FEE AND BOND LIST Amount Form Date Remived Bonds and Gmmwees: Total Faithful Performance $-M,900 CD 8/4/10 Monument Guarantee $400 CD 8/4/10 Fees: Map Check Fee $4,10-0- Check 7nlog Park In-Lieu Fee' $29,589 Check 8/6/10 Water Impact Feel Paid with building pernuts Wastewater Impact Fee Paid with building pernuts Transportation Impact Fee' Paid with building permits All Impact Fees are adjusted annually(July 1)based.on CPI. Credit given for demolished units. 7 Aftachmerd 4 RESOLUTION NO. (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO I ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2954 (225 NORTH CHORRO) WHEREAS, the City Council made certai n findings concerning Tract 2954, as prescribed in Resolution No. 9951 (2008 Series); and WHEREAS, the City Council approved the final map for Tract 2954 per Resolution No. (20 10 Series); and. WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2954, 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 2954 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 by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2954. SECTION 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 2954. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: R 4��—1�' Resolution No. (201 0'-,6ries) Attachment 4 Page 2 The foregoing resolution was adopted this day of 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED LS TO FORM: ri� 7 1 - Ckri�e 5letrick �tAtlorney T:\Council Agenda ReporLs\Public Works CAR\2010\DevRev\Tract 2954.225 N Chorro\Acceptance of improvements resolution for Tract 2954.doc