HomeMy WebLinkAboutR-10971 A Resolution 0f the City Council of the City of San Luis Obispo, California, Approving the Final Map for Tract 2428-3 (3000 Calle Malva, Tr 121-13)RESOLUTION NO. 10971 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 2428-3 (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 Community Development Director approved minor corrections to the
tentative map as allowed by the City Municipal Code and California Government Code; 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 City Council approved the final map for the second phase of Tract 2428
(Tract 2428-2) on August 15, 2017, by Resolution No. 10825 (2017 Series); and
WHEREAS, the subdivider has requested that the Council approve this third and final phase
of Tract 2428 (Tract 2428-3); and
WHEREAS, subdivider has been unable to acquire an off-site easement for a bike path to
connect to Prado Road required per Condition #1 of Council Resolution No. 10514 (2014 Series);
and
WHEREAS, the City Council has elected not to lend their powers of condemnation to
acquire said off-site easement for a bike path; and
WHEREAS, all other requirements, conditions and mitigation measures required per said
Resolution No. 10514 (2014 Series) have been completed or appropriate securities will be in place
to guarantee their completion prior to map recordation; 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, an incidental take permit for Tract 2428 issued by the California Department of
Fish and Wildlife (CDFW) requires the City to grant to CDFW a Conservation Easement for the
adobe sanicle plant that is located on or being relocated to Lot 172 of Tract 2428-1, the street right-
of-way along San Vincenzo, and Laguna Lake Park; and
R 10971
Resolution No. 10971 (2019 Series) Page 2
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. Therefore, no further environmental review is
required.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Condition #1 of Resolution No. No. 10514 (2014 Series) is hereby waived.
SECTION 2. The final map for Tract 2428-3 is found to be in substantial compliance with
the tentative map.
SECTION 3. The Subdivision Agreement for Tract 2428-3 is approved and the Mayor is
authorized to approve minor revisions to the agreement and execute the document in a form
substantially the same as shown in Attachment G of the staff report.
SECTION 4. Approval of the final map for Tract 2428-3 shown in Attachment F of the staff
report is hereby granted with the understanding that minor changes to the final map for technical
accuracy and condition compliance may still be needed. The Public Works Director is authorized to
approve these changes and record the map when it is deemed to be complete and all conditions and
mitigation measures are complied with.
SECTION 5. The Mayor is authorized to approve revisions to the Conservation Easement
for the adobe sanicle granting an easement on City property to the California Department of Fish &
Wildlife and execute the easement in a form substantially the same as shown in Attachment J of the
staff report and as approved by the Community Development Director, the Natural Resources
Manager, and the City Attorney. The Mayor is also authorized to execute any other easements or
agreements related to the adobe sanicle in a form approved by the Community Development Director,
the Natural Resources Manager, and the City Attorney.
SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
R 10971
Resolution No. 10971 (2019 Series)
Page 2
SECTION 7. 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 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.
Upon motion of Council Member Christianson, seconded by Vice Mayor Pease, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 8th day of J
ATTEST:
Teresa Purrington, City1 k
APPROVED AS TO
J. 'stineDi�k, 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 !Z day of �7am t,� v
eres"Purrington, City Cler
R 10971