HomeMy WebLinkAbout06-14-2016 Item 15 Approval of the Final Map for Tract 2784, 625 Toro Street
Meeting Date: 6/14/2016
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2784, 625 TORO STREET
(TR 176-05)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2784, 625 Toro Street, and authorize the
Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 2784 (TR 176-05) is located at 625 Toro Street (Attachment A). A vesting tentative map
for Tract 2784 was approved by the City Council on July 17, 2007, by Resolution No. 9920
(Series 2007) (Attachment B). The tentative map (Attachment C) approved a one lot subdivision
for the purposes of creating 10 condominium lots.
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. With the
automatic extensions granted by the State Legislature per Sections 66452.21, 66452.22,
66452.23, and 66452.24 of the Subdivision Map Act, this vesting tentative map now has an
expiration date of July 17, 2016.
The final map for Tract 2784 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.
Appropriate securities have been submitted 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.
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CONCURRENCES
The Public Works Department concurs 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 2784. The public improvements that will be constructed with this phase will result in a
minimal increase in maintenance costs for water services and sidewalk upon acceptance of the
improvements by the City.
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:
15.a a - Vicinity Map
15.b b - Resolution No. 9920
15.c c - Tentative Map
15.d d - Subdivision Agreement
15.e e - Draft Resolution Approving Final Map
15.f f - Exhibit 1 to Attachment e - Tract Map
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1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between Naranji, 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 2784, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 201___.
The Subdivider desires that said Tract 2784 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. PARKING AND DRIVEWAY SURFACING
2. WATER SERVICES AND FIRE HYDRANTS
3. SEWER MAIN AND LATERALS
4. LANDSCAPING AND STREET TREES
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5. DRAINAGE STRUCTURES
6. SIDEW ALKS AND DRIVEWAY APPROACH
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by 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.
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The Subdivider does also agree to comply with the conditions established by the
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 $340,000, which is the
amount of the estimated cost of said 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, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, 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 the building
permit is finaled. Neither periodic nor progress inspections or approvals shall bind the City
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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 ($170,000) in
accordance with State law .
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 Engineer 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
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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.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Naranji, LLC, a California limited liability
company
MAYOR Jan Marx
Parimal Naran, Manager
Yatin Naran, Manager
ATTEST:
CITY CLERK
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EXHIBIT 1
TRACT 2784
SUBDIVISION AGREEMENT
1. Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2.
2. 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.
3. 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.
4. The subdivider shall comply with all requirements of Council Resolution 9920 (2007 Series)
approving the tentative map.
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EXHIBIT 2
TRACT 2784 - FEE AND BOND LIST
625 Toro Street
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $340,000
xxx xxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
Labor & Materials (50% of total cost of
improvements
$170,000 xxx xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
10% Warranty 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 $8,973 Check 5/1/15
Plan Check Fee Paid with building permit application
Improvement Plan Inspection To be collected with encroachment permit
Park In-Lieu Fee1 $45,980 xxx xxx
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.
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R _____
RESOLUTION NO. (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 2784 (625 TORO STREET, TR 176-05)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2784, as prescribed in Resolution No. 9920 (2007 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. 9920 (2007 Series) applicable
to Tract 2784 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 2784 as shown on the attached Exhibit 1 is found to
be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract 2784 is hereby approved.
SECTION 3. Approval of the final map for Tract 2784 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:
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Resolution No. (2016 Series) Page 2
The foregoing resolution was adopted this ______ day of _______________ 2016.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick
City Attorney
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 ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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