HomeMy WebLinkAboutR-10772 - Resolution approving the final map for tract 3063-phase (3987 Orcutt Road)RESOLUTION NO. 10772 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 3063 -PHASE 1(3987 ORCUTT ROAD, TR/ER 114-14)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3063, as prescribed in Resolution No. 10619 (2015 Series); and
WHEREAS, Section 17 of a recorded Deed of Open Space and Conservation Easement
(Doc.# 2012-018089) requires the City transfer this easement to another entity if City ever takes fee
possession of the property. Subdivider will be granting the property encompassing the easement area
in fee to the City. City has determined that the cost to transfer the easement is prohibitive. The Local
Agency Formation Commission (LAFCO) has indicated a willingness to waive the transfer
requirement if City enters into a covenant to restrict the use of that area; and
WHEREAS, there are certain private drainage easements being proposed to be constructed
on City open space lots and within City right-of-way which will require that the City grant a Private
Drainage Easement to the subdivder/homeowner's association to construct and maintain these
improvements; and
WHEREAS, the City is actively working with the subdivider on an Affordable Housing
Agreement for proposed transfer of affordable housing units and dedication of land to a non-profit
housing developer which shall be completed prior to map recordation; and
WHEREAS, all the requirements, conditions and mitigation measures of said Resolution
No. 10619 (2015 Series) that are applicable to Phase 1 are completed or appropriate securities will
be in place prior to map recordation to guarantee their completion; and
WHEREAS, the subdivider has completed all required subdivision improvements applicable
to Phase 1 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, the Orcutt Area Specific Plan and an associated Final Environmental Impact
Report (FEIR) were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map
#3063 (VTM) was analyzed in a project -specific Initial Study/Mitigated Negative Declaration
(IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted
on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project. 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).
R 10772
Resolution No. 10772 (2017 Series)
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City is subject to the requirements of a Deed of Open Space and
Conservation Easement described in Doc. #2012-018089 recorded in the Office of the County
Recorder of San Luis Obispo County. The Mayor is authorized to act on behalf of the City and
execute any documents in a form approved by the City Attorney related to the transfer of the
easement to an approved non-profit or other approved entity; alternatively, the Mayor is authorized
to execute a Restrictive Covenant in a form approved by the City Attorney, Natural Resources
Manager and the Community Development Director.
SECTION 2. The Mayor is authorized to act on behalf of the City to approve a Private
Drainage Easement Agreement for Tract 3063 -Phase 1 to allow private drainage improvements
within City -owned lots and street right-of-way in a form approved by the City Attorney and the Public
Works Director.
SECTION 3. The final map for Tract 3063 -Phase 1 is found to be in substantial compliance
with the tentative map.
SECTION 4. The Subdivision Agreement for Tract 3063 -Phase 1 is approved and the Mayor
is authorized to approve minor revisions to the agreement and execute the document.
SECTION 5. Approval of the final map for Tract 3063 -Phase 1 is hereby granted.
SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 7. Envirorupcntai Review. The 2010 Final Environmental Impact Report for the
Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative
Tract Map 3063 constitute the complete enviromrnental determination for the project. 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).
R 10772
Resolution No. 10772 (2017 Series)
Upon motion of Council Member Christianson, seconded by Vice -Mayor Rivoire, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez and Peace,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of February 2017.
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 2,e)th day of 2017
Carrie Gallagher
City Clerk
R 10772