HomeMy WebLinkAbout10-20-2015 Item 09 - Approval of Final Map Tract 3057, 3080 Rockview Place
Meeting Date: 10/20/2015
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3057, 3080 ROCKVIEW
PLACE (TR 202-13)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 3057, 3080 Rockview Place, and authorize
the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 3057 (TR 202-13) is located at 3080 Rockview Place (Attachment A). A vesting tentative
map for Tract 3057 was approved by the City Council on November 18, 2014, by Resolution
No. 10580 (2014 Series) (Attachment B). The vesting tentative map (Attachment C) approved a
nine-lot residential common interest subdivision, commonly known as Nine on Rockview.
Approving the Final Map
In order to preserve the creek corridor that runs through the subdivision and to comply with
Condition #13 of the tentative map, a private open space easement is being reserved on the final
map for the creek area. A Restrictive Covenant is being recorded concurrently with the map to
limit activity within the creek area. The bridge crossing the creek, the common driveway serving
the lots, and all other shared facilities will be maintained privately by Nine on Rockview’s
private maintenance association.
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. It is not
subject to any automatic extensions granted by the State Legislature. Therefore, the final map
must be filed by November 18, 2016, unless the subdivider requests and is granted time
extensions from the City pursuant to Municipal Code Section 16.10.155.
The final map for Tract 3057 is ready to be approved and recorded. Pursuant to Section
16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is
in substantial compliance with the tentative map and approved modifications thereof.
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 approval of a final map is considered a ministerial
action.
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Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment D). The
resolution approving the final map (Attachment E) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department and Natural Resources Division concur with the recommended
action.
ENVIRONMENTAL REVIEW
Approval of the final map is statutorily exempt under the California Environmental Quality Act
(CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision
maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no
further environmental review is required.
FISCAL IMPACT
There is no significant financial impact to the City associated with approving the final map for
Tract 3057. The new curb, gutter, and sidewalk being installed along the Rockview frontage and the
new water services will result in a minimal increase in maintenance costs upon acceptance of the
improvements by the City. The remainder of the subdivision improvements will be
privately-maintained.
ALTERNATIVES
Deny approval of the final map. Denying approval of the final map can apply if findings are
made that the requirements or conditions of the tentative map have not been met or performed
(Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in
substantial compliance with the previously approved tentative map (Section 66474.1 of the
Subdivision Map Act). Because the final map is in substantial compliance with the tentative map
and all of the conditions of the map will be met or securities deposited prior to map recordation,
Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the
map. Therefore, denying approval of the final map is not a recommended alternative unless the
required findings are made.
Attachments:
a - Vicinity Map
b - Resolution No. 10580 (2014) Approving Tentative Map
c - Tentative Map
d - Subdivision Agreement
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e - Draft Resolution Approving Final Map
Exhibit A - Tract Map
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RESOLUTION NO. 10580 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VESTING TENTATIVE TRACT
MAP WITH EXCEPTIONS TO PROPERTY DEVELOPMENT
STANDARDS, A USE PERMIT ALLOWING DEVELOPMENT OF A
NINE -UNIT RESIDENTIAL PROJECT ON A SITE WITH SPECIAL
CONSIDERATIONS (R -2 -S ZONING), AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT. 3080 ROCKVIEW
PLACE; TR/A/ER 202 -13 (TRACT 3057)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on May 14, 2014 and August 27, 2014, at which they reviewed the proposed project and
recommended approval to the City Council; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing on October 6, 2014, at which they reviewed the proposed project and
granted approval of the site design and architecture; and
WHEREAS, on November 18, 2014, the City Council conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of
considering application TR/A /ER 202 -13, a request for a Use Permit to allow development of a
site zoned Medium - Density Residential with a Special Considerations overlay with a nine -unit
Common Interest Subdivision and Vesting Tentative Tract Map for a residential subdivision; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the 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 approving the request for Vesting Tentative Tract Map 3057, including
R 10580
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Resolution No. 10580 (2014 Series)
Page 2
exceptions to property improvement standards for new common interest subdivisions, and Use
Permit A 202 -13 to allow development of a site with the Special Consideration overlay zoning:
Subdivision Findings
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan and Airport Land Use Plan, including compatibility with
the objectives, policies, general land uses and programs specified in the General Plan for
Medium Density Residential land uses.
2. As demonstrated by the Winter Solstice Shading Plan and Conceptual Landscape Plan,
the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
3. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attach set aside, void or annul an approval of the City
Council, Planning Commission, or City Staff concerning a subdivision.
4. The proposed tentative tract map is consistent with the General Plan, including LUE
Policies 2.2.11, 2.2.8 and 2.2.6, and HE Policies 4.2 and 6.14, because the subdivision
will provide residential development anticipated by the General Plan and preserve and
incorporate as amenities, natural site features, and sensitive natural resources.
5. The site is physically suited for the proposed type of development because the project has
been designed to utilize available residential density while enhancing creek resources.
6. The project is consistent with the intent of the City's Common Interest Subdivision
standards, in that it provides for small ownership units with private and common
amenities in a compact, cohesive manner.
7. With the incorporation of the recommended conditions and mitigation measures, the
design of the subdivision and improvements are not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the project will create beneficial enhancement of degraded natural
resources.
8. The design of the subdivision, or type of improvements, is not likely to cause serious
public health or safety problems because the type of improvements are appropriate for the
location and will be designed to meet existing building and safety codes.
9. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because such easements will be maintained.
9.b
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Resolution No. 10580 (2014 Series)
Page 3
Affordable Housing
10. The development of one home restricted for a moderate - income family on -site is consistent
with the City's inclusionary housing requirements which require that projects of this size
provide one affordable unit on -site or pay the in -lieu housing fee
11. The proposed project, which provides a deed - restricted unit affordable to moderate -
income households, is consistent with policies and programs of the General Plan that
encourage new development to accommodate affordable housing production and variety.
By providing this affordable unit within the project, the City is able to approve a 7.5%
density bonus and one incentive. The specific incentive approved for the project is
allowing relaxation of setback standards, including street, other and creek setbacks that
do not create health and safety impacts as determined through the Mitigated Negative
Declaration prepared for the project
Exceptions to yard requirements (affordable housing incentive /concession)
12. There are circumstances of the site, such as the unusual configuration and bifurcation by
an open drainage channel, distinct from land in the same zoning, which would make
compliance with all setbacks infeasible.
13. Strict adherence to the required property improvement standards would decrease the size
or number of units within the project resulting in a significant loss of entitlement, and
inability to provide for restricted affordable housing on -site.
14. The reduced setbacks will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning, as dedication of one on -site affordable unit, or 12.5% of the project, entitles the
project to at 7.5% density bonus and one incentive or concession.
15. No feasible alternative to authorizing the exception would satisfy the intent of the city
policies and regulations. Final configuration of the homes, including setbacks, has been
reviewed and approved by the Architectural Review Commission at their October 6, 2014
public hearing.
16. The location and design of the feature(s) receiving the exception will minimize impacts
to scenic resources, water quality, and riparian habitat, including opportunities for
wildlife habitation, rest, and movement, as it will facilitate the establishment of
gradually- sloped, vegetated creek bank.
17. The exception will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies, as the newly engineered
creek channel has been designed to improve drainage through the site.
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Resolution No. 10580 (2014 Series)
Page 4
18. The exception will not prevent the implementation of city- adopted plans, nor increase the
adverse environmental effects of implementing such plans, as the project includes
reestablishment of a creek channel at this location at a preferred gradual slope -bank.
19. There are circumstances applying to the site, such as its unusual shape and the need to
accommodate the existing culvert on neighboring properties, which does not apply
generally to land in the vicinity with the same zoning that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning.
20. The exception will not constitute a special privilege — an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning, as the creek
channel will be improved by the proposed project.
21. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream, as the project will improve the creek channel
before it enters the existing culvert on the neighboring property.
22. Site development cannot be accomplished with a redesign of the project without reducing
proposed density and a dedicated affordable unit.
23. Redesign of the project would deny the property owner reasonable use of the property
and the ability to provide affordable housing on -site.
SECTION 2. Environmental Review. A Mitigated Negative Declaration was prepared
by the Community Development Department on May 7, 2014. The City Council finds and
determines that the project's Mitigated Negative Declaration adequately identifies that there is no
foreseeable potential for significant environmental impacts by the proposed project. The City
Council does hereby adopt the proposed Mitigated Negative Declaration (ER 202 -13) with
incorporation of the following mitigation measures:
Mitigation Measure 1: Air Quality
1. During construction/ground disturbing activities, the applicant shall implement the
following particulate (dust) control measures.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds
over 25 m.p.h. Reclaimed (non - potable) water is to be used in all construction and
dust - control work.
c. Dirt stock pile areas (if any) should be sprayed daily as needed.
d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
e. 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 California Vehicle Code Section 23114.
9.b
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Resolution No. 10580 (2014 Series)
Page 5
f. Scheduling of construction truck trips during non -peak hours to reduce peak hour
emissions.
g. If determined to be needed, periodic wash downs or mechanical street sweeping of
streets in the vicinity of the construction site shall be done.
Monitoring Plan, MM #1: These measures shall be shown on grading and building
plans. In addition, the contractor 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 holiday and weekend periods
when work may not be in progress. The name and telephone number of such persons
shall be provided to the Community Development and Public Works Departments
prior to commencement of construction.
Mitigation Measure 2: Biological Resources
2. The project shall incorporate the following erosion control measures for work in and
around the riparian corridor:
a. No heavy equipment should enter flowing water.
b. Equipment will be fuelled and maintained in an appropriate staging area removed
from the riparian corridor.
c. Restrict all heavy construction equipment to the project area or established staging
areas.
d. All project related spills of hazardous materials within or adjacent to the project area
shall be cleaned up immediately. Spill prevention and clean up materials should be
onsite at all times during construction.
e. All spoils should be relocated to an upland location outside the creek channel area to
prevent seepage of sediment in to the drainage /creek system.
Monitoring Plan, MM #2: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
Mitigation Measure 3: Cultural Resources
3. If materials (including but not limited to bedrock mortars, historical trash deposits, and
human burials) are encountered during excavation, work shall cease until a qualified
archaeologist makes determinations on possible significance, recommends appropriate
measures to minimize impacts, and provides information on how to proceed in light of
the discoveries. All specialist recommendations shall be communicated to the City of San
Luis Obispo Community Development Department prior to resuming work to ensure the
9.b
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Resolution No. 10580 (2014 Series)
Page 6
project continues within procedural parameters accepted by the City of San Luis Obispo
and the State of California.
Monitoriny, Plan, MM #3: All construction and grading plan sets shall clearly note the
above mitigation measures on applicable sheets and be clearly visible to contractors and
City inspectors. Prior to issuance of building permits, a pre- construction meeting is
required between Associate Planner, Marcus Carloni (or assigned planner) and the project
contractor supervisor to ensure the above requirements are understood and complied with
at all times. Community Development Department staff and Public Works staff will
periodically inspect the site for continued compliance with the above mitigation
measures.
SECTION 3. Action. The City Council hereby approves the Vesting Tentative Tract Map
and Use Permit to allow development of a site with Special Considerations, and adoption of a
Mitigated Negative Declaration (TR/A/ER 202 -13), with incorporation of the following project
conditions:
Community Development Department - Planning
1. All exceptions to setback standards and conditions of approval, including those required
by the Architectural Review Commission, mitigation measures and easements shall be
shown on the final map and /or subdivision improvement /building plans.
2. Lot 5 shall provide an affordable housing unit in compliance with Section 17.91 of the
Municipal Code. An affordable housing agreement shall be recorded in compliance with
the City's Affordable Housing Standards subject to the approval of the City Attorney.
Community Development Department - Engineering
3. All easements shall be recorded on title with the individual lots.
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 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."
5. Some of the proposed lot lines are shown relatively close to the proposed building. Wall
rating requirements and opening protective will apply per Table R302.1(2). Proposed
setback dimensions shall be clearly shown on plans to assess the requirements based on
Table as referenced.
9.b
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Resolution No. 10580 (2014 Series)
Page 7
6. Park in -lieu fees shall be paid for each lot prior to map recordation in accordance with the
fee resolution in effect at the time of final map submittal /recordation.
7. Complete frontage improvements are required as a condition of the subdivision and
development. All improvements shall be designed and constructed in accordance the
City Engineering Standards and Standard Specifications in effect at the time of submittal
of said improvements. The required subdivision improvements shall be completed or
covered by an appropriate surety prior to map recordation.
8. Grade and line shall be established by the developer for the new curb and gutter to the
satisfaction of the Public Works Director. A separate public improvement plan may be
required where grades and alignment have not been established or where significant
discrepancies are discovered. The developer is responsible for any required engineering
and /or surveying. Record drawings shall be provided at the completion of construction.
9. The required public and private subdivision improvements may be completed with a
separate subdivision improvement plan submittal processed through the Public Works
Department. As an alternate, the building plan submittal may be used to show all required
improvements. Improvements located within the public right -of -way will require a
separate encroachment permit and associated inspection fees. A separate plan review fee
based on the fee resolution in effect at the time of plan submittal will be required for the
Public Works Department review of the subdivision improvements associated with the
building plan submittal.
10. The final map shall show and note the offer of dedication for the sidewalk, public
pedestrian easement for any ADA sidewalk extensions, a 10' PUE, and a 10' street tree
easement.
11. Any required or proposed off -site easements or license agreements shall be secured or
recorded prior to or concurrent with recordation of the map or prior to construction.
12. Private easements for access, parking, maneuverability, drainage, utilities, and open
space shall be shown and noted on the final map. Some or all of the private easements
may be in the form of a blanket easement. The common driveway and any maintenance
agreements shall be recorded in conjunction with the map.
13. The open space easement, drainage easement, and any easement agreements shall be
reviewed and approved to the satisfaction of city's Natural Resource Manager and Public
Works Department in conjunction with recordation of the map. Restoration planting
within the open space and creek corridor shall be approved by the Natural Resource
Manager.
14. The final map or additional map sheet shall show the limits of 100 -year flood inundation
in accordance with the drainage analysis and as generally shown on the tentative map.
15. The updated project soils report shall be referenced on the map or on an additional sheet.
9.b
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Resolution No. 10580 (2014 Series)
Page 8
16. The parcel map /final map preparation and monumentation shall be in accordance with the
city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act.
17. 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 or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of November 2014.
1111
i??
Mayp J, Marx
r'
ATTEST:
Jth ;, ,,,._,.
r
ony
City Clerk
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Resolution No. 10580 (2014 Series)
Page 9
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of o vv'. 4-11 _z_- L
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1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between 9 on Rockview, 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 3057, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 201___.
The Subdivider desires that said Tract No. 3057 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
9.d
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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 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.
9.d
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The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
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 $710,000 which is the
amount of the estimated cost of said improvements that remain to be completed from the
original $710,000 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
9.d
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66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will retain a security in the amount of $71,000, which is 10%
of the total estimated cost of subdivision improvements. That amount being deemed
sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy
any defects in the improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date 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.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($355,000) in
accordance with State law .
9.d
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Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
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 (“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 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.
9.d
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IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
9 on Rockview, LLC
a California limited liability company
MAYOR Jan Marx
Damien T. P. Mavis, Manager
Patrick D. Arnold, Manager
ATTEST:
INTERIM CITY CLERK Jon Ansolabehere
9.d
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EXHIBIT 1
TRACT 3057
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $3,000 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will 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. Public improvement inspection fees shall be paid at time of encroachment permit issuance.
4. 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.
5. 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.
6. The subdivider shall comply with all requirements of Council Resolution 10580 (2014
Series) approving the tentative map.
9.d
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EXHIBIT 2
TRACT 3057 - FEE AND BOND LIST
3080 Rockview
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $710,000
Bond, CD,
Letter of
Credit
xxxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
Labor & Materials (50% of total cost of
improvements
$355,000 Bond, CD,
Letter of
Credit
xxxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee $3,000 CD or Letter
of Credit
xxxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty $71,000 Bond, CD,
Letter of
Credit
To be
collected prior
to release of
Faithful
Performance
Bond
Can be released one-year after
acceptance of improvements, if no
defects.
Fees:
Map Check Fee $13,050 Check 7/16/15
Plan Check Fee $2,199 Check 7/22/15
Improvement Plan Inspection To be paid with encroachment permit
Park In-Lieu Fee1 $41,382 Check xxxx
Affordable Housing Requirements Requirement met with Affordable Housing Agreement
Water Impact Fee1 To be collected with building permit
Wastewater Impact Fee1 To be collected with building permit
Transportation Impact Fee1 To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
9.d
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R _____
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT
3057 (3080 ROCKVIEW PLACE, TR 202-13)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 3057, as prescribed in Resolution No. 10580 (2014 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or will
submit appropriate securities to guarantee installation of the required subdivision improvements
as shown on the approved plans prior to map recordation, and all fees have been received or will
be received prior to map recordation, as prescribed in the Subdivision Agreement; and
WHEREAS, all conditions required per said Resolution No. 10580 (2014 Series) have been
met prior to final recordation of the map; and
WHEREAS, approval of a final map is statutorily exempt under the California
Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State
CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3057 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 3057 is hereby approved.
SECTION 3. Approval of the final map for Tract 3057 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
9.e
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Resolution No. (2015 Series)
Page 2
The foregoing resolution was adopted this ______ day of _______________ 2015.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick
City Attorney
9.e
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