HomeMy WebLinkAbout07/21/2009, C6 - APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR TRACT 2949 - 1302 & council
07/21/09
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CITYOF SAN LUIS 0 B I S P 0
FROM: Jay D. Walter, PE-Director of Public Work
Prepared by: Hal Hannula, PE- Supervising Civil Engineer
Carmen Leyva, PE
SUBJECT: APPROVAL OF THE FINAL MAP AND FINAL ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS FOR TRACT 2949 —1302 & 1314 PALM
STREET(TR 11-07)
RECOMMENDATION
1. Adopt a resolution approving the Final Map for Tract 2949 (TR 11-07)
2. Adopt a resolution accepting the public improvements and certifying completion of the
required private subdivision improvements for Tract 2949.
DISCUSSION
Background
As part of the project at 1302 and 1314 Palm Street, a tentative map for Tract 2949 (TR 11-07)
(see Attachment 1 for vicinity map) was approved by City Council on September 18, 2007, by
Resolution No. 9930, 2007 Series (Attachment 2), which authorized creation of a one lot
subdivision for the purpose of creating ten airspace 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.
A subdivision agreement is not required because all of the improvements have been completed. A
draft resolution approving the final map is included with this report as Attachment 3.
Accepting the Public Improvements and Certifying Completion of Private Improvements
Public improvements for this project include installation of curb, gutter and sidewalk, street trees,
ADA accessible ramp, driveway apron, street light, and utility service laterals located within the
public right-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 $14,600. All
of the public and private subdivision improvements have been completed to the satisfaction of
the City.
i
CAR—Final Map and Acceptance of Improvements—Tract 2949 Page 2
A security in the amount of$1,460, 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).
FISCAL IMPACT
Typical maintenance and operation of public facilities will be required for the improvements within
the public right of way.
CONCURRENCES
The Community Development Director and Utilities Director concur with the recommended action.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 9930 (2007 Series)
3. Draft Resolution Approving Final Map
4. Draft Resolution Accepting the Public Improvements and Certifying Completion of the
Private Improvements
G:\StafY-Reports-Agendas-Minutes\_CAR\2009\DevRev\Tract 2949- 1314 Palm Righetti House\CAR-Acceptance of Subdivision
Improvements.doc
1302
Attachment 2
RESOLUTION NO.9930 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT
MAP TO CREATE TEN AIRSPACE RESIDENTIAL CONDOMINIUMS
LOCATED AT 1302 & 1314 PALM STREET
(TR 11-07)
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 May 15, 2007, and
approved Application No. CON 11-07, a request to convert ten apartments to condominiums; and
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 August
22, 2007, and recommended approval of Application TR 11-07, a vesting tentative tract map.to finalize
an approved condominium conversion for ten apartment units; 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 September 18, 2007,
for the purpose of considering Application TR 11-07; and
WHEREAS, the conversion of existing residential apartments to ownership condominiums.is
exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities) and the
project as proposed will not have an adverse impact on historical resources; 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 proposed condominium conversion is consistent with the General Plan because the conversion
of apartments to condominiums will not impact available affordable housing since the project will
provide one deed restricted affordable unit consistent with the City's Inclusionary Housing
Ordinance and Condominium Conversion Regulations, and the size and configuration of the units
are considered affordable by design.
2. The vesting tentative tract map is in substantial compliance with the. Property Improvement
Standards for Condominium Conversions,building and housing codes, and Zoning Regulations.
3. In accordance with the Condominium Conversion Regulations, the applicant has appropriately
delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the Subdivision
Map Act.
R 9(9/30
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Attachment 2
Resolution No. 9930(2007 Series)
Page 2
4. Each of the tenants will be given written notification within 10 days of approval of final map for the
conversion.
5.. Each of the.tenants of the proposed conversion has been (or will be) given notice of an exclusive
right to contract for the purchase of his or her unit upon the same terms and conditions that such unit
will be initially offered to the general public or terms more favorable to the tenant.
6. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family
residences into condominiums is categorically exempt from environmental review and the project as
proposed will not have an adverse impact on historical resources.
SECTION 2. Action. The City Council does hereby approve Application TR 11-07 with
incorporation of the following conditions and code requirements into the project:
Conditions:
1. Provisions for electric vehicles shall be included as part of five of the units and shall be sized
appropriately for their designated garage spaces. Specific units to be designated with the electric
vehicles shall be.included in the project CC&R's and determined prior to recordation of the final
map.
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. A barbeque facility and fixed seating shall be provided within the common recreation areas of the
project site, subject to the approval of the Community Development Director. The improvements
shall be installed prior to recordation of the final map.
4. The existing frontage improvements along Palm Street and Johnson Avenue shall be upgraded,
altered, or replaced to the satisfaction of the City Engineer prior to map recordation. The required
improvements may be shown on an approved public improvement plan and bonded for if the work is
not completed prior to recordation.
5. The displaced curb along Palm Street shall be replaced with City standard curb and gutter. If the
sidewalk is in an acceptable condition, the new curb and gutter may be doweled into the existing
sidewalk The displaced section of walk near the granite wall shall be repaired or replaced as
necessary.
6. The existing curb ramp located at the comer of Johnson Avenue and Palm Streets shall be replaced
to comply with current City, Cal Trans, and ADA standards. The scope of work may require the
removal or alteration of the spandrel and/or street paving to create a level landing in accordance with
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Attachent' 2
Resolution No. 9930(2007 Series)
Page 3
the most current public right-of-way Accessibility Guidelines. An engineered plan shall be provided
for the curb ramp upgrade.
7. Curb, gutter, and sidewalk along Johnson Avenue shall be repaired or replaced where not otherwise
completed as a part of the Righetti House remodel, carriage house construction and the related
building permit approvals and encroachment permits.
8. The existing offset survey monumentation shall be re-established as necessary if disturbed by the
curb ramp upgrade or other sidewalk/driveway improvement work.
9. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement
across the property frontage. Said easements shall be adjacent to and contiguous with all public
right-of-way lines bordering the lot. The street tree easement is not required where the required.
street trees will be planted in tree wells in the public sidewalk.
10. One 15-gallon street tree may be required for each 35 lineal feet of frontage. The City Arborist shall
approve the tree species, planting requirements; and final number and spacing of the proposed trees
based on the existing site development and existing tree plantings.
11. Unless otherwise approved by the City Engineer and City Arborist, all new required street trees shall
be planted in tree wells in the public sidewalk in accordance with City Engineering Standards#8010,
#8130, and#8220.
12. 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; and to ensure
maintenance and preservation of the historical resource consistent with the approved Mills
Act agreement binding upon the property and its owners.
b. Grant to the City the right to maintain common areas and any other portion of the property
integral to the preservation of the historic resource if the homeowners' association fails to
perform, and to assess the homeowners' association for expenses incurred, and further grant
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC&Rs, final map and Mills Act agreement 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-tern 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.
Attachment 2
Resolution No. 9930(2007 Series)
Page 4
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as
required by the City Fire Department-.
j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are
substantially screened from view.
k. All garages must be available for the parking of vehicle at all times, to be enforced by the
homeowners association and the City.
1. The five units required to receive electric vehicles shall be specifically identified
Code Requirements:
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 applicant shall give any presenttenant a nontransferable right of first refusal to purchase the unit
occupied This right of first refusal shall extend at least ninety days from the date of issuance of the
subdivision public report or commencement of sales,whichever date is later.
2. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for
a minimum of 45 years, consistent with the City's Inclusionary Housing. Ordinance and
Condominium Conversion Regulations. The affordable housing agreement shall be recorded prior to
recordation of the final map.
3. Each of the tenants shall be given written notification within 10 days of approval of final map for the
conversion.
4. The subdivider shall install street lighting and all associated facilities including but not limited to
conduits, sidewalk. vaults, fusing, wiring, and lumenaires per City standards along the Johnson
Avenue frontage. Off.-site street lighting improvements may be required to complete the necessary
installation. The installation of a street light on an existing wood utility pole may satisfy this code
requirement if approved by P. G. &E. and the City Engineer.
5. For condominiums, the subdivider shall provide individual electrical, phone, television, natural gas,
and water service and related utility company meters to each unit to the approval of the affected
utility companies and the Public Works Director.
6. An encroachment permit will be required from the Public Works Department for any work or
construction staging in the public right-of-way or for alterations to any public sewer, water, or storm
drain systems.
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Attachment 2
Resolution No. 9930(2007 Series)
Page 5
7. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit
issuance for work in the public right-of-way.
8. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director.
9. All boundary monuments, lot corners and centerline intersections,BC's, EC's, etc., shall be tied to
the City's Horizontal Control Network At least two control points shall be used and a tabulation of
the coordinates shall be submitted with the final map. All coordinates submitted shall be based on
the City coordinate system. A CD containing the appropriate data compatible with Autocad(Digital
Interchange Format, Axf for Geographic Information System (GIS) purposes, shall be submitted to
the City Engineer.
10. 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 shall use
Customary U.S. Units.
On motion of Council member Settle, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Carter and Settle
NOES: Vice Mayor Mulholland
ABSENT: Mayor Romero
The foregoing resolution was passed and adopted this 18a'day of September, 2007.
(UYL�Gt�
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Mayor David F. omero '
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jon an . well
City Attorney
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Attachment 3
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.2949
(1302 and 1314 Palm)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2949, as prescribed in Resolution No. 9930 (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; and
WHEREAS, all conditions required per said Resolution No. 9930 (2007 Series) have been
met prior to 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. 2949, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
SECTION 2. Approval of the final map is hereby granted.
Upon motion of ,seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
Jon than P. well
City ey
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` Attachment 4
4
RESOLUTION NO. (2009 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. 2949
(1302 & 1314 PALM STREET)
WHEREAS, the City Council made certain findings concerning Tract 2949, as
prescribed in Resolution No. 9930 (2007 Series); and
WHEREAS, the City Council approved the final map for Tract 2949 per
Resolution No..9930(2007 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2949, 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;
and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2949, 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. 2949.
SECTION 2. The surety guaranteeing the workmanship and materials may be released
by the Public Works Director upon the successful completion of the 12 month warranty time
period from this date of acceptance.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
oL
R
Resolution No. (2009 Series) Attachment 4
Page 2
The foregoing resolution was adopted this day of 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
�onatp,f. Lowell
tIfy'Attorney
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