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HomeMy WebLinkAbout06-20-2017 Item 07 Approval of the Final Map for Tract 2928, 1321 Osos Street - TR 96-13 Meeting Date: 6/20/2017 FROM: Michael Codron, Community Development Director Prepared By: Diane Dostalek, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2928, 1321 OSOS STREET (TR 96-13) RECOMMENDATION Adopt a Resolution (Attachment F) approving the Final Map for Tract 2928 located at 1321 Osos Street, authorizing the Mayor to execute a Subdivision Agreement, and authorizing the Public Works Director to accept the subdivision improvements and release the securities. DISCUSSION Background Tract 2928 (TR 96-13) is located at 1321 Osos Street (Attachment A). This subdivision is commonly known as Pacific Courtyards. A vesting tentative map for Tract 2928 was approved by the City Council on June 10, 2014, by Resolution No. 10531 (2014 Series) (Attachment B). The tentative map (Attachment C) approved a one lot subdivision for the purposes of creating nine residential condominiums and up to eight commercial condominiums. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150. The subdivider requested and was granted a one-year time extension by the City, so this vesting tentative map had an expiration date of June 10, 2017. Even though the tentative map is expired, the subdivider met the requirements of “timely filing” per Section 66452.6(d) of the Subdivision Map Act, so the final map can be recorded without the need for additional map extensions or a new tentative map. Section 66452.6(d) states: “Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.” The final map for Tract 2928 (Attachment D) 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 any 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 were submitted prior to expiration of the tentative map to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement (Attachment E). The resolution approving the final map (Attachment F) also authorizes the Packet Pg 37 7 Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. Subdivision Improvements The public improvements required for this subdivision consist of replacing curb, gutter, and sidewalk along the project’s three street frontages and connections to the City water and sewer mains. Most of the subdivision improvements are on-site private improvements, such as driveways, parking, drainage, and utility services, which will be privately owned and maintained. Because the subdivision improvements are minor in nature, are almost completed, and will not result in any increase in maintenance costs to the City, the resolution approving the final map also authorizes the Public Works Director to accept the public improvements, certify completion of the private improvements, and release the securities once the requirements for release are met. 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 environmental review is required to approve the map. FISCAL IMPACT There is no financial impact to the City associated with approving the final map, and the public improvements to be constructed with this subdivision are minor in nature and will not result in an increase in maintenance costs. 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). Since the final map is in substantial compliance with the tentative map, 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. Packet Pg 38 7 Attachments: a - Vicinity Map b - R10531 Approve Tentative Tract Map 2928 c - Tentative map d - Final Map e - Subdivision Agreement f - Draft Resolution Approving Final Map Packet Pg 39 7 Packet Pg 40 7 RESOLUTION NO 10531 (201.1 Sci ies) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A LAND USE ELEDIENT MAP Ai11ENDMENT TO RECONFIGURE THE BOUNDARY BETWEEN THE OFFICE AND iNIEDIUM -HIGH DENSITY RESIDENTIAL DESIGNATIONS ON THE SiTE, VESTING TENTATIVE TRACT MAP NO 2928 TO CREATE 9 RESIDENTIAL AND UP TO 8 COIN MERCiAL CONDOMINIUMS AND AN ADDENDUM TO THE PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION, FOR PROPERTY LOCATED A 1' 1321 S 1327 OSOS STREET, GP /R /TR/ER 96 -13 WHEREAS, the Planning Commission conducted a public heating in the Council Chamber of City Hall 990 Palm Street San Luis Obispo California on April 9 2014 and recommended approval of the project and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearmg in the Council Chamber of City Hall 990 Palm Street San Luis Obispo California on June 10 2014 pursuant to a proceeding instituted undei application GP /R/TR /L "R96 -13 ivhssion Medical Partners LLC applicant and WHEREAS, notices of said public hearing were made at the time and in the manner required by law and WHEREAS, the Cav Council has considered the Mitigated Negative Declaration MND) of environmental impact that was previousIv approved by the Council on August 19 2008 along with the Addendum prepared to update the MND to be consistent with the current project as prepared by staff and reviewed by the Planning Commission and WHEREAS, the City Council has duly considered all evidence Hu ludmg the testimony of the applicant interested parties and the evaluation and recommendations by staff presented at said hearing NOW, THEREFORE, BE iT RESOLVED, by the City Council of the City of San Luis Obispo as follows SECTION 1 Environmental Determination The City Council adopted the project's Mitigated Negative Declaration on August 19 2008 which incorporates the following still relevant mitigation measures and monitoring programs into the project An Addendum to the MND was prepared for the current project (ER 96 -13) which demonstrates that no additional nutigation measures are required The City Council has reviewed and considered the information contained in this Addendum in its consideration of the project and finds that the preparation of a subsequent MND or EIR is not necessary based on the following Findings and subject to the tollowmg mitigation measures R 10531Packet Pg 41 7 Resolution No 10531 (2014 Series) Page 2 Findings 1 None of the circumstances included in Section 15162 which require a subsequent MND or EIR have occurred specifically 2 The project changes do not result in new environmental impacts 3 The circumstances under which the project is undertaken will not require major changes to the MND 4 The modified project does not require any substantive changes to previously approved mitigation measures Mnrgation Measures Air Quality 1 Temporary impacts from the project including but not limited to e%cavation and construction activities and vehicle emissions from heavy duty equipment have the potential to create dust and emissions that e,,ceed air quality standards for temporary and intermediate periods unless the following mitigation measures are incorporated a Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less b Prior to any ground disturbance sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line c Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line d Storage piles must be kept adequately wetted treated with a chemical dust suppressant or covered when material is not being added to or removed from the pile e Equipment must be washed down before moving from the property onto a paved public road and f Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty -four (24) hours Monitoring Program These conditions shall be noted on all project grading and building plans The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements The Building Inspector and Public Works Inspectors shall conduct field monitoring Biological Resources 2 Trees identified by the Architectural Review Commission to be preserved shall be clearly marked on grading and construction plans The applicant shall submit a tree preservation agreement for review and approval by the Community Development Director The agreement shall be secured by a bond in the amount determined by the City Arbonst Packet Pg 42 7 Resolution No 10531 (2014 Series) Page 3 Momtormg Program Prior to the issuance of a grading permit the applicant shall submit the required tree preservation agreement and actively coordinate with the City Arbonst during construction Cultural Resources 3 If significant archaeological materials are discovered during grading and construction all construction activities that may damage those materials shall immediately cease The project sponsor shall then propose specific mitigation based on a qualified archaeologist's recommendations The Director shall approve approve with changes or reject the mitigation proposal (if found incomplete infeasible or unlikely to reduce adverse impacts to an acceptable level) If the proposal is approved the project sponsor shall implement mitigation to the satisfaction of the Director A copy of the archaeologist's recommendations and the Director's decision will be forwarded to the Cultural Heritage Committee If grading results in the uncovering of artifacts then standard mitigation would be followed Monitoring Program Requirements for cultural resource mitigation shall be clearly noted on all plans for project radmg and construction Hazards and Hazardous Materials 4 if further contamination is encountered with site grading activities then work shall cease until the City s Hazardous Material Coordinator has been notified and had the opportunity to consult with other affected parties and appropriate governmental agencies to determine any necessary ne\tsteps Monitoring Program The City s Hazardous Material Coordinator shall be the lead in reviewing any subsequent studies necessary and assuring that any related site clean -up has taken place SECTION 2 General Plan Amendment Approval with Finding S 8, Conditions The City Council finds and approves the General Plan Amendment included as part of City Application No GP /R 96 -13 which reconfigures the boundary between the Office and Medium - High Density Residential designations on the site for the properties located at 1321 R 1327 Osos Street as shown on the attached Exhibit A based on the following findings and subject to the following conditions Fmchiws I The proposed modification is a minor amendment to the Land Use Element Map because it is a boundary change only which retains the emsung Office and Medium -1 -ligh Density Residential designations for the site with the same relative proportions of the overall site area intact Packet Pg 43 7 Resolution No 10531 (2014 Series) Page 4 2 The proposed General Plan Amendment will not be detrimental to the health safety and welfare of those living and working in the vicinity since the proposed change to the City s map accommodates the planned redevelopment of the site with uses and improvements that will be compatible with other properties in the same block that are either designated Office or Mech a i -High Density Residential 3 On August 19 2008 the City Council adopted a Mitigated Negative Declaration (MND) which adequately addresses the potential significant environmental impacts of the proposed project The MIND along with the prepared Addendum adequately evaluate the potential environmental impacts associated with the current project Conditions 1 The I.and Use Element Map is hereby amended as shown in Exhibit A 2 The Community Development Director shall cause the change to be reflected in documents which are on display in City Hall and are available for public viewing and use SECTION 3 Vestine Tentative Tract Man No 2928 Approval with Findutes and Conditions The City Council does hereby approve application TR 96 -13 (County Map No 2928) based on the following findings and subject to the following conditions and noting certain code requirements i indines The design of the vesting 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 units that meet density standards and will be consistent with the density and development limits established by the Office (0) and Medium -High Density Residential with the Historical Perseveration overlay zoning district (R -3 -1- 1) 2 The site is physically suited for the proposed type of development allowed in the Office and R -3 -H zones since the site is generally flat surrounded by a mature of residential projects parking lots and off ice buildings 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 vesting 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 5 Tandem parking within the project is supported for the following reasons Packet Pg 44 7 Resolution No 10531 ( 201 4 Series) Page 5 a The City of San Luis Obispo encourages creative use of mfill development to provide opportunities for much needed workforce housing near the downtown to support adopted Housing Element policies and goals b The site is unusually configured and with building height limitations poses difficult building design constraints that would potentially result in fewer residential units if conventional side -by -side parking were insisted upon c The project site is located adjacent to the downtown core that will provide pedestrian access to many daily needs of the residents Therefore residents may be less dependent on use of their automobiles such that the inconvenience associated with tandem parking may be minimized 6 On August 19 2008 the City Council adopted a Mitigated Negative Declaration (tIV1ND) which adequately addresses the potential significant environmental impacts of the proposed project The MND along with the prepared Addendum adequately evaluate the potential environmental impacts associated with the current project Conditions 1 The subdivider shall prepare conditions covenants and restrictions (CC &R's) to be approved by the Community Development Director and the City Attornev 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 dnveways 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 etpenses 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 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 Packet Pg 45 7 Resolution No 10531 (2014 Series) Page 6 I Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department CC &R's shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view k Prospective property owners and renters shall be notified of the project s provision of tandem parking Additionally, they shall be advised that they should ensure that the amount of on -site parking is adequate for their needs because they will not be able to obtain on- street parking permits for any additional parking needs The responsibility for the placement of the trash and recycling containers at the street on collection days will be the responsibility of the propertv owner s association The property owner s association shall coordinate with San Luis Garbage Company regarding the collection time and preferred location for the placement of trash and recycling containers to minimize the obstruction of the public right -of -way 2 As part of the encroachment permit for the proposed frontage improvements the applicant shall submit plans to address any changes made to on- street parking signage and striping to the approval of the City Engineer 3 The applicant shall pay in-lieu fees for the 19 off-site parking spaces that will be eliminated with development 4 Short term bicycle parking shall be provided in a minimum of two locations one for bicyclists entering from Osos Street and one for bicyclists entering from Morro Street 5 The details of the required lockable private storage areas (minimum of 200 cubic feet per unit) shall be to the review and approval of the Architectural Review Commission 6 The Community Development Director shall review the final map to determine that any necessary revisions that result from review and approval of the final project design by the Architectural Review Commission are in substantial conformance with the approved tentative map 7 The down sloping Morro Street driveway slope shall comply with City standard 2130 8 To ensure pedestrian safety the driveway e\us shall provide a minimum of ten (10) feet clear visibility to the sidewalk on both sides of the e%it unobstructed by building corners columns or other visual impediments The distance is measured behind the stop bar and two feet to the right of the centerline where a driver would be located in a stopped velucle 9 The Drainage Report shall address post - development water quality per City Standard 101 OB Details of the passive design concept proposed shall be discussed in an amended Packet Pg 46 7 Resolution No 10531 (2014 Series) Page 7 report and shown on plans submitted for final review by the Architectural Review Commission 10 New curb gutter and sidewalk will be required along the project frontage on Osos Street and Morro Street I I All wire utilities to the new units shall be underground No additional utility poles shall be set and no wires shall be extended across the proposed protect to serve adjacent properties 12 The subdivider shall dedicate a 10 wide public utility and street tree easement across the site frontage on Morro and Osos Streets Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering the site 13 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 company and the Public Works Director Sub - metering of the water services may be allowed upon request and with the approval of the Utilities Director 14 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 Code Requirements The following code tequoements are included for unfornianonal proposes only 7hey serve to gn e the applicant a genet al ilea of other Cuy i eguirements that will apply to the project This is not intended to be an erhausnve /tw as other requirements may be identrijied dining the plan check process Long and short -term bicycle parking shall be provided in accordance with City standards Bike lockers or interior space within each dwelling unit or accessory structure shall be provided for the storage of at least two bicycles per dwelling unit in addition one short term bicycle parking space shall be provided for guests of the residential units and a minimum of three long term parking spaces and two short term parking spaces shall be provided for the office uses All bicycle parking shall be located outside of the public right of way 2 Any easements including but not limited to provisions for all public and private utilities access drainage, common driveways and maintenance of the same shall be shown on the final map or recorded separately prior to snap recordation if applicable 3 A preliminary soils report is required in accordance with the Subdivision Map Act and the City of San Luis Obispo Subdivision Regulations at the time of final map submittal Packet Pg 47 7 Resolution No 10531 (2014 Series) Page 8 The report shall be referenced on the final map in accordance with the city s Subdivision Regulations and the Subdivision Map Act Upon motion of Council Member Carpenter seconded by Council Member Ashbaugh and on the following roll call vote AYES Council Members Ashbaugh Carpenter and Smith and Mayor Mar\ NOES None ABSENT None ABSTAINING Vice Mayor Christianson The foregoing resolution was adopted this 10`h day of June 2014 May r JaA Nlan 111 — ATTEST z- n APPROVED AS Ythnsune U City Attorney Packet Pg 48 7 Exhibit A General Plan Land Use Map Existing Land Use Proposed Land Use Medium-High Density Residential Office Resolution No. 10531 (2014 Series) Page 9 Packet Pg 49 7 Packet Pg 507 Packet Pg 517 § § § Packet Pg 527 Packet Pg 537 Packet Pg 547 1 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this ______ day of ___________201___ by and between Mission Medical Patagona, L.P., a Delaware limited partnership, 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 2928, City of San Luis Obispo, California, as approved by the City Council on the ____ day of ___________, 201___. The Subdivider desires that said Tract 2928 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 and SEWER SERVICES 4. LANDSCAPING Packet Pg 55 7 2 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. Packet Pg 56 7 3 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 $120,700 which is the amount of the estimated cost of said improvements that remain to be completed from the original $347,000 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 final completion and acceptance thereof. In accordance with Packet Pg 57 7 4 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 retain a security in the amount of $34,700, 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. As authorized by the City Council for Tract 2928, completion of the work shall be deemed to have occurred on the date of written notice from the Public Works Director stating that said improvements have been accepted and completed according to said plans and specifications, and any approved modifications thereto, and that the faithful performance security can be released. 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 $173,500 in accordance Packet Pg 58 7 5 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 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. Packet Pg 59 7 6 IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER Mission Medical Patagona, L.P. a Delaware limited partnership BY: Mission Patagona GP, LLC a Delaware limited liability company Its: General Partner By: _________________________________ Charles Braff, Manager CITY OF SAN LUIS OBISPO MAYOR Heidi Harmon ATTEST: CITY CLERK Carrie Gallagher Packet Pg 60 7 7 EXHIBIT 1 TRACT 2928 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $1,800 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. Subdivider shall adhere to the requirements of California Business and Professions Code Section 8771 with regards to monument conservation. 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 10531 (2014 Series) approving the tentative map. Packet Pg 61 7 8 EXHIBIT 2 TRACT 2928 - FEE AND BOND LIST 1321 OSOS Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance $120,700 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 $173,500 XXX XXX Can be released 90 days after acceptance of improvements, if no claims. (Civil Code Section 8412) Monument Guarantee $1,800 CD or Letter of Credit XXX Can be released upon verification that monuments have been set and surveyor has been paid. 10% Warranty $34,700 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 $12,241 Check 3/25/16 Plan Check Fee To be collected with building permit Improvement Plan Inspection To be collected with encroachment permit Park In-Lieu Fee1 $41,382 XXX XXX Parking In-Lieu Fee1 $90,592 To be paid prior to occupancy 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. Packet Pg 62 7 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 2928 (1321 OSOS STREET, TR 96-13) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2928, as prescribed in Resolution No. 10531 (2014 Series); and WHEREAS, all the requirements, conditions and mitigation measures of said Resolution No. 10531 (2014 Series) have been completed or appropriate securities are in place to guarantee their completion; and WHERAS, the subdivider met the requirements of “timely filing” per Section 66452.6(d) of the Subdivision Map Act prior to expiration of the tentative map; and WHEREAS, the subdivider was required to construct certain public and private subdivision improvements as a condition of Tract 2928, and the required public improvements are minor in nature and will not result in an increase in maintenance cost to the City; and WHEREAS, the required public and private subdivision improvements are almost completed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract 2928 is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement for Tract 2928 is approved and the Mayor is authorized to approve minor revisions to the agreement and execute the document. SECTION 3. Approval of the final map for Tract 2928 is hereby granted. SECTION 4. The Public Works Director is authorized to act on behalf of the City to accept the public improvements and certify completion of the private subdivision improvements for Tract 2928 once the improvements are completed to the satisfaction of the Public Works Director. SECTION 5. The Public Works Director is authorized to act on behalf of the City to release the securities once the requirements for release are met. SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Packet Pg 63 7 Resolution No. (2017 Series) Page 2 R _____ Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2017. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher 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 ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 64 7