HomeMy WebLinkAbout08-15-2017 Item 07 - Approval of the Final Map for Tract 2428-2, 3000 Calle Malva (TR121-13) Meeting Date: 8/15/2017
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2428-2, 3000 CALLE
MALVA (TR 121-13)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2428-2 (Phase 2), 3000 Calle Malva, and
authorize the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 2428 (TR 121-13) is located at 3000 Calle Malva (Attachment A, Vicinity Map). A vesting
tentative map for Tract 2428 was originally approved by the City Council on July 3, 2007, by
Resolution No. 9917 (Series 2007) as TR 98-06. Revised conditions that superseded the previous
tentative map conditions were approved by Council on April 15, 2014, by Resolution No. 10514
(2014 Series) (Attachment B). The tentative map (excerpts included as Attachment C) contained
a total of 178 lots consisting of 165 single-family lots, five lots for up to 26 units of affordable
housing, two lots for six market-rate condominium units, five lots for riparian open space, and
one 71-acre hillside lot for permanent open space.
Subsequent to Council’s approval of the revised conditions, the applicant proposed to reduce the
original 178 lots down to 172 lots for constructability and marketability purposes. The new lot
configuration includes a total of 172 lots consisting of 161 single-family lots, five lots for up to
26 units of affordable housing, five lots for riparian open space, and one 71-acre hillside lot for
permanent open space. An exhibit showing the old lot configuration and numbering and the new
lot configuration and numbering is attached (Attachment D). This change to the tentative map is
minor and is consistent with the intent and spirit of the original tentative map. The tentative map
conditions of approval refer to the old lot numbering, so Attachment D is helpful in interpreting
the conditions based on the new lot numbering.
Tract 2428 is currently planned to be recorded in three phases (Attachment E, Phasing Plan).
Phase 1 – Final Map approved and under construction:
Tract 2428-1, the first phase of Tract 2428, was approved by Council on August 16, 2016, by
Resolution No. 10737 (2016 Series). It created 45 single -family lots (Lots 1-14, 72 to 80, and 86
to 107), two lots for riparian open space (Lots 81 and 84), one 71-acre hillside lot that was
dedicated to the City for permanent open space (Lot 172), and one Remainder lot for the future
phases. Building plans for all the lots in Tract 2428-1 have been approved and the units are
currently under construction.
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Phase 2 – This approval:
Tract 2428-2 is a subdivision of Tract 2428-1’s Remainder lot. It will create 36 single-family
lots, (Lots 62 to 71, Lots 139 to 162, and Lots 170 to 171), three lots for riparian open space
(Lots 82, 83 and 85), seven lots for affordable housing (Lots 163 to 169) for up to 26 affordable
housing units, and two lots for future phases (Lots A and B). Building plans for all the lots in
Tract 2428-2 have been approved pending recordation of the final subdivision map.
Environmental Issues
There is a protected species of plant located on Tract 2428 called adobe sanicle. Although some
of the plants are located in areas to be designated as open space, others are located on lots
intended to be developed. The subdivider is cooperating with the Department of Fish & Wildlife
by applying for an “incidental take permit.” As part of that process, the subdivider is funding
studies to analyze the feasibility of propagating the species and growing them elsewhere as well
as relocating the plants on and off site. Additional information regarding the ability to transplant
and/or relocate the plants is expected to be available no later than the time Phase 3 is proposed to
be developed
The original boundary of Phase 2 included a patch of adobe sanicle that would have been on
affordable housing Lot 167. The subdivider reconfigured the boundaries of Phase 2 so there
would be no adobe sanicle within Phase 2. In order to retain the overall square footage of
property approved for the affordable housing, the subdivider turned two lots originally planned
for single-family residential (Lots 163 and 164) into affordable housing lots. The subdivider will
try to reconfigure lots in Phase 3 to recoup those two lost single-family lots.
Affordable Housing
Condition #77 of the tentative map required subdivider to dedicate the affordable housing lots
prior to or concurrent with the second phase of the map. A grant deed dedicating Lots 163 to 169
to the Housing Authority of the City of San Luis Obispo (HAS LO) will be recorded concurrently
with the final map. It is anticipated that HASLO will be merging the seven lots into a single lot
in order to build apartments.
The affordable housing lots are served by a private street, sewer main, and drainage line that will
be maintained by the Toscano Homeowner’s Association (HOA). Because the affordable
housing lots will not be a part of the HOA and are unable to commit to annual maintenance costs
for these facilities due to legal restrictions on funding, HASLO has tentatively agreed to
contribute a one-time payment in an amount not greater than $25,000 to the HOA for
maintenance of these private facilities. An agreement is being drafted between the HOA and
HASLO clearly stating that this payment will release HASLO from any further obligation to the
HOA for ongoing maintenance in perpetuity.
Prado Road Bike Path
Condition #1 of the tentative map required subdivider to construct a Class 1 bike path connecting
the existing terminus of Prado Road to Broad Street at the Damon-Garcia Sports Field, subject to
available right-of-way. At this time, the subdivider and the City have been unsuccessful at
negotiating with the property owner to acquire the right-of-way for the bike path. Therefore, this
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condition is being deferred to the next phase of the map and is included in a Notice of
Requirements.
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 (SMA), a City-granted extension of two
years, and a three-year extension allowed for phasing of the map per Section 66452.6 of the
SMA, this vesting tentative map now has an expiration date of July 3, 2021. Modifying the
tentative map conditions did not extend the life of the map. All phases of the map must record
prior to expiration of the tentative map. Additional time extensions are allowed.
The final map for Tract 2428-2 (Attachment F) 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 com pliance with
the previously approved tentative map.” The approval of a final map is considered a ministerial
action.
Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment G). The
resolution approving the final map (Attachment H) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
The City Council adopted the project’s Mitigated Negative Declaration (MND) on July 3, 2007,
and approved an Addendum on April 15, 2014. The Final Environmental Impact Report prepared
for the Margarita Area Specific Plan and the amended MND for this project 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). 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 2428-2. However, the public improvements that will be constructed with this phase will result
in an increase in maintenance costs for the public streets, public water and sewer, and other
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infrastructure upon acceptance of the improvements by the City. These costs will be shown in future
Financial Plans as the facilities are accepted and begin to require standard maintenance. The bike
paths will be open to the public but will be privately-maintained by the HOA. The private streets,
private sewer, private drainage, and private open space will also be maintained by the HOA, except
for Lot 85 and the improvements thereon. Lot 85 was inadvertently left off the Declaration of
Annexation for Phase 2 and will be maintained by the owner of Lot 85 (the subdivider) until such
time as it is annexed into the HOA.
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 th at 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. 10514 (2014 Series)
c - Tentative Map
d - Revised Lot Numbering
e - Phasing Plan
f - Final Map
g - Subdivision Agreement
h - Draft Resolution Approving Final Map
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between Margarita Ranch SLO, 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 2428-2, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 201___.
The Subdivider desires that said Tract 2428-2 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 Phase 2 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. PEDESTRIAN AND BICYCLE PATHS
4. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
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2
5. LANDSCAPING
6. DRAINAGE STRUCTURES
7. STREET LIGHTS
8. 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.
9. ENVIRONMENTAL MITIGATION
10. 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 Engineer.
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.
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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.
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 $2,089,400 which is the
amount of the estimated cost of said improvements for Phase 2.
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.
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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 ($1,044,700) 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 Engineer
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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.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Margarita Ranch SLO, LLC,
a California limited liability company
MAYOR Heidi Harmon
Dennis Moresco, Vice President
ATTEST:
CITY CLERK Carrie Gallagher
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EXHIBIT 1
TRACT 2428-2
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $21,750 to cover
the installation of survey monuments for Phase 2 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 shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
3. Improvement plancheck fees for all phases of the subdivision were paid with Phase 1. No
additional plancheck fees are required for Phase 2.
4. Construction inspection fees for Phase 2 of the subdivision have been paid, as listed in the
attached EXHIBIT 2, based on the $1,391,000 construction cost estimate for Phase 2.
5. Subdivider overpaid construction inspection fees for Phase 1 in the amount of $18,040. This
overpayment is being credited towards the construction inspection fees for Phase 2.
6. 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.
7. 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.
8. The subdivider shall comply with all requirements of Council Resolution 10514 (2014
Series) approving the tentative map.
9. Pursuant to Condition #7 of Council Resolution No. 10514 (2014 Series), the Subdivider
has deposited a faithful performance security in the amount of $130,000 to retain a qualified
traffic consultant to conduct traffic counts and speed measurements one-year after final
occupancy or complete build-out of the subdivision or acceptance of public improvements,
whichever occurs later. If the traffic volumes or speeds exceed City standards, the $130,000
security will be retained by the City to guarantee that Subdivider install additional
City-approved traffic calming measures to reduce volume and speeds to comply with City
standards. The additional measures shall be installed within six (6) months following notice
from the City to install said measures. Another traffic study shall be performed twelve (12)
months after completion of construction of the additional traffic calming measures. The
$130,000 security will be released to the Subdivider once a City-approved traffic study
demonstrates that traffic volumes and speeds comply with City standards.
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EXHIBIT 2
TRACT 2428-2
FEE AND BOND LIST
(3000 Calle Malva)
Amount Form Date
Received
Bond Release Status
Bonds and Guarantees:
Total Faithful Performance for
Phase 2 subdivision improvements (“FPB”)
$2,089,400
xxx xxx Can be released upon City acceptance of
improvements and deposit of one-year
warranty surety.
Labor & Materials (50% of total cost of Phase 2
improvements)
$1,044,700 xxx xxx Can be released 90 days after acceptance
of improvements, if no claims. (Civil
Code Section 8412)
Monument Guarantee for Phase 2 $21,750 CD or
Letter of
Credit
xxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
Faithful Performance
for completion of traffic counts and speed
measurements and installation of additional
traffic calming measures
$130,000 Rider to
Tract 2428-
1
xxx See Exhibit 1 #9 for timing and
requirements regarding release.
10% Warranty $139,100 To be
determined
To be
collected
prior to
release of
FPB
Can be released one-year after acceptance
of improvements, if no defects.
Fees:
Map Check Fee for Phase 2 $16,612 Check 3/20/17
Plan Check Fee Paid with Phase 1
Total Construction Inspection fee for Phase 2
Less overpayment of fee in Phase 1
Construction Inspection fee due for Phase 2
$78,493.29
- $18,040.00
$60,453.29
Xxx
xxx
Park In-Lieu Fee for Phase 11 To be collected with building permit
Affordable Housing Requirements To be fulfilled in future phase by dedication of lots to the Housing Authority
Water, Wastewater, and Traffic Impact Fees1 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. (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 2428-2 (3000 CALLE MALVA, TR 121-13)
WHEREAS, the City Council made certain findings concerning the phased vesting tentative
map for Tract 2428, as prescribed in Resolution No. 10514 (2014 Series); and
WHEREAS, the City Council approved the final map for the first phase of Tract 2428
(Tract 2428-1) on August 16, 2016, by Resolution No. 10737 (2016 Series); and
WHEREAS, the subdivider has requested that the Council approve this second phase of
Tract 2428 (Tract 2428-2); and
WHEREAS, the subdivider will submit appropriate securities to guarantee installation of
the required subdivision improvements as shown on the approved plans for this phase prior to map
recordation, and all fees for this phase will be received prior to map recordation, as prescribed in
the Subdivision Agreement; and
WHEREAS, all requirements, conditions and mitigation measures required per said
Resolution No. 10514 (2014 Series) applicable to this phase of Tract 2428 have been completed or
appropriate securities will be in place to guarantee their completion prior to map recordation; and
WHEREAS, the City Council adopted the project’s Mitigated Negative Declaration (MND)
on July 3, 2007, and approved an Addendum on April 15, 2014. The Final Environmental Impact
Report prepared for the Margarita Area Specific Plan and the amended MND for this project
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).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 2428-2 is found to be in substantial conformance with
the tentative map.
SECTION 2. The Subdivision Agreement for Tract 2428-2 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 2428-2 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
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Resolution No. (2017 Series) Page 2
R _____
SECTION 5. Environmental Review. The Final Environmental Impact Report prepared for
the Margarita Area Specific Plan and the amended Mitigated Negative Declaration for Tract 2428
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).
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
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