HomeMy WebLinkAbout04-02-2019 Item 05 - Final Map for Tract 3111, 3750 Bullock (SBDV-1225-2017)
Department Name: Community Development
Cost Center: 4003
For Agenda of: April 2, 2019
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Hal Hannula, Supervising Civil Engineer
SUBJECT: RESOLUTION ADOPTION FOR THE APPROVAL OF THE FINAL MAP
FOR TRACT 3111, 3750 BULLOCK (SBDV-1225-2017)
RECOMMENDATION
Adopt a resolution (Attachment A) approving the Final Map for Tract 3111, 3750 Bullock Lane,
and authorizing the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background/Previous Council Action
Tract 3111 (SBDV-1225-2017), commonly referred to as the Pratt subdivision, is located at
3750 Bullock Lane (Attachment B, Vicinity Map) in the Orcutt Area Specific Plan (OASP) area.
A vesting tentative map for Tract 3111 was approved by the City Council on May 1, 2018, by
Resolution No. 10884 (2018 Series) (Attachment C - Reading File). The tentative map
(Attachment D - Reading File) approved creation of 31 lots consisting of 30 single-family
residential lots and one HOA lot.
Final Map Specifics
The final map for Tract 3111 will create 31 lots consisting of 30 single-family lots (Lots 1 to 30)
and one HOA common area lot (Lot 31).
Affordable Housing
On June 29, 2017, the City and the subdivider entered into an Affordable Housing Agreement
(Attachment E – Reading File). That agreement addressed the affordable housing requirements
for Tract 3095 (Imel), Tract 3063 (Righetti), Tract 3066 (Jones) and this, the “Pratt” property.
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. The
tentative map was approved on May 1, 2018. The subdivider has not yet requested any time
extensions, so the vesting tentative map has an expiration date of May 1, 2020. The final map
must be completed prior to expiration of the tentative map.
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The final map for Tract 3111 (Attachment G) is ready to be approved. There are a few minor
revisions still required for technical accuracy and condition compliance, but those ch anges will
be completed before the map records. 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. California Government Code Section 66474.1
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 will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment H). The
resolution approving the final map (Attachment A) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
Policy Context
The proposed action approving the final map is consistent with the policies set forth in the
previously referenced Municipal Code and California Government Code sections.
Public Engagement
Public notification for the tentative map and environmental document occurred with the Planning
Commission hearing on March 28, 2018. Approval of the final map is considered a ministerial
action, so a public hearing to approve the final map is not required.
CONCURRENCE
The Director of Public Works concurs with the recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan (OASP) and an associated Final Environmental Impact Report
(FEIR) were approved and certified in March 2010. Council adopted a Mitigated Negative
Declaration for Tract 3111 on May 1, 2018, that tiered off the OASP FEIR. Both the 2010 FEIR
and subsequent Mitigated Negative Declaration constitute the complete environmental
determination for the project. The final map is substantially in compliance with the tentative map
evaluated with this prior environmental determination.
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.
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FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A*
State
Federal
Fees
Other:
Total
*There is no new fiscal impact to the City associated with approving the final map for Tract 3111.
The public improvements that will be constructed with this phase will result in an increase in
maintenance costs for the public street improvements, water/fire services, and other 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 interior access
roads/drive aisles, on-site utilities, and stormwater improvements are private and will be maintained
by the property owners/Homeowners Association.
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:
a - Draft Resolution Approving Final Map
b - Vicinity Map, parcel 2 of Pratt
c - Council Reading File - R10884 - Resolution approving tentative map
d - Council Reading File - Tentative Map
e - Council Reading File - Director's Reso No. 18-01 approving parcel map SLO-17-0127
f - Council Reading File - Affordable Housing Agreement - (includes Pratt by reference)
g - Draft Final Map
h - Subdivision Agreement
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R _____
RESOLUTION NO. (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3111,
3750 BULLOCK LANE (SBDV-1225-2017)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3111, as prescribed in Resolution No. 10884 (2018 Series); and
WHEREAS, the subdivider has requested that the Council approve the final map for
Tract 3111; and
WHEREAS, all requirements, conditions, and mitigation measures required per said
Resolution No. 10884 (2018 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 prior to map recordation,
and fees will be received prior to map recordation, as prescribed in the Subdivision Agreement;
and
WHEREAS, the Orcutt Area Specific Plan (OASP) and an associated Final Environmental
Impact Report (FEIR) were approved and certified in March 2010. Council adopted a Mitigated
Negative Declaration for Tract 3111 on May 1, 2018, that tiered off of the OASP FEIR. Both the
2010 FEIR and subsequent Mitigated Negative Declaration constitute the complete environmental
determination for the project. The final map is substantially in compliance with the tentative map
evaluated with this prior environmental determination.; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3111 is found to be in substantial compliance with the
tentative map.
SECTION 2. Approval of the draft final map for Tract 3111 shown in Attachment G 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.
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Resolution No. (2019 Series) Page 2
SECTION 3. The Subdivision Agreement for Tract 3111 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 H of the staff report.
SECTION 5. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 6. Environmental Review. the Orcutt Area Specific Plan (OASP) and an
associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010.
Council adopted a Mitigated Negative Declaration for Tract 3111 on May 1, 2018, that tiered off
of the OASP FEIR. Both the 2010 FEIR and subsequent Mitigated Negative Declaration constitute
the complete environmental determination for the project. The final map is substantially in
compliance with the tentative map evaluated with this prior environmental determination.
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 _______________________, seconded by ________________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2019.
________________________________
Mayor Heidi Harmon
ATTEST:
______________________________
Teresa Purrington
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 ______________, _________.
______________________________
Teresa Purrington
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between Righetti Ranch NC, LLC, a Delaware 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 3111, City of San Luis Obispo,
California, as approved by the City Council on the _____ day of _______________, 20__.
The Subdivider desires that said Tract 3111 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 and any revisions
thereto 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 MAINS and SEWER MAINS, including sewer laterals to the property line,
water services to the curb stop, fire service lateral to the backflow prevention
device.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
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6. STREET LIGHTS
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 Subdivider has properly installed all facilities
to be provided by it, 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 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.
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 in writing 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.
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Setting of new survey monuments or resetting of disturbed monuments in 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, instrument(s) 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/are in the amount(s) shown in Exhibit 2,
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 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.
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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 its
surety.
The Subdivider has deposited with the City a labor and materials surety or
sureties in the amount of 50% of the above described subdivision improvements 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.
If off-site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the subdivider shall exhaust all avenues available to
acquire said off-site dedication. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off-site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off-site dedication, including, but not limited to, all costs associated with condemnation
through the condemnation process. Prior to proceeding with the condemnation process,
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not and
cannot guarantee that the necessary property rights can be acquired or will, in fact, be
acquired. All necessary procedures of law would apply and would have to be followed.
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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
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.
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IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
Righetti NC, LLC
a Delaware limited partnership
By: Righetti Ranch, LP
a Delaware limited partnership
Its: Sole Member
BY: NRE Manager, LLC
a Delaware limited liability company
Its: General Partner
BY: Ambient Righetti Manager, LLC
a California limited liability company
Its: Sole Member
BY: _______________________________
Travis Fuentez, President
BY: _______________________________
Dante Anselmo, Vice-President
CITY OF SAN LUIS OBISPO
MAYOR Heidi Harmon
ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
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EXHIBIT 1
TRACT 3111
SUBDIVISION AGREEMENT
Page 1 of 2
1. The Subdivider has deposited a monumentation security in the amount of $_______ to
guarantee the installation of survey monuments in accordance with the approved map and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor 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 preservation. The monumentation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771.
2. The Subdivider has deposited a security or securities in the amount specified in Exhibit 2 to
guarantee completion of the subdivision improvements specified in Exhibit 2. Release of the
security or securities shall be in accordance with the provisions of this Subdivision
Agreement, the City’s Municipal Code, California Government Code, and California Civil
Code.
3. Plancheck and inspection fees for the subdivision improvements have been paid as listed in
the attached Exhibit 2.
4. Park-in-lieu fees will be paid at time of issuance of building permit per the most current
Orcutt Area Specific Plan (OASP) Public Facilities Financing Plan (PFFP). Credit is
available to Subdivider for dedication of approved parkland from the adjacent Righetti
property (Final Map Tract 3063-1).
5. 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 the time the Vesting
Tentative Tract Map was approved (adjusted for CPI increases), unless the vesting rights
have expired as set forth in Government Code Section 66498.5(b) through (d). If the vesting
rights have expired, the fees shall be paid at the rate in effect at time of building permits.
6. Citywide Transportation Impact Fees shall be paid at time of building permits per the fee
schedule in effect at the time the Vesting Tentative Map was approved (adjusted for CPI
increases), unless the vesting rights have expired as set forth in Government Code Section
66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in
effect at time of building permits.
7. Orcutt Area Transportation Impact Add-On Fee shall be paid at time of building permit per
the fee schedule listed in the most current OASP PFFP in effect at time of building permits.
8. The subdivider shall comply with all requirements of Council Resolution 10884 (2018
Series) approving the tentative map.
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EXHIBIT 1
TRACT 3111
SUBDIVISION AGREEMENT
Page 2 of 2
9. The Subdivider has the option to pay a roadway maintenance fee or complete additional analysis
to establish construction impacts to satisfy portions of Condition #21. The fee option for this
subdivision is pending final review and approval by the City Engineer. If the Subdivider
chooses to satisfy portions of Condition #21 through the payment of a roadway maintenance fee,
the fee or a cash deposit to cover a study will be received prior to map recordation. The
Subdivider shall pay the roadway maintenance fee established by the study prior to acceptance
of the subdivision improvements.
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EXHIBIT 2
TRACT 3111 - FEE AND BOND LIST
3750 Bullock Lane
Page 1 of 2
Amount Form Date
Received
Bond Release Status
Bonds and Guarantees:
Tiburon Improvements
(FMAP-1718-2015)
$2,837,600 Submitted with
Tract 3063-Phase 1
See Tract 3063 Agreement
Offsite Water Main Extension
(FMAP-2242-2015/ FMAP-4024-2016)
$775,000
Submitted with
Tract 3063-Phase 1
Off-Site Landscaping
(FMAP-0288-2017)
$175,000 Submitted with
Tract 3063-Phase 1
Tiburon Bridge
(FMAP-4312-2016)
$1,800,000 Submitted with
Tract 3066
Orcutt Frontage Phase 1 Improvements,
including left-turn pocket at Orcutt/Tiburon
intersection per Condition #17
(FMAP-1718-2015)
$730,000 Submitted with
Tract 3066
Tank Farm/Orcutt intersection
improvements or roundabout per OASP
EIR mitigation measures
(FMAP-1718-2015)
$650,000 Submitted with
Tract 3066
See Tract 3066 Agreement
Off-site water and sewer mains through
Righetti Tract 3063
(FMAP-2631-2016/FMAP-1718-2015)
$1,400,000 Submitted with
Tract 3063-Phase 1
See Tract 3063 Agreement
Tract 3111 Subdivision Improvements $2,493,706 xxx xxx
Labor & Materials (50% of cost of
improvements) for Off-Site and On-Site
Subdivision Improvements
$1,246,853 xxx xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee $5,000 per
RRM
CD or Letter of
Credit
xxx Can be released upon verification that
monuments have been set and
surveyor has been paid.
10% Warranty TBD TBD To be
collected
prior to
release of
FP Bond
Can be released one-year after
acceptance of improvements, if no
defects, and approval of record
drawings.
Continued on Page 2
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EXHIBIT 2
TRACT 3111 - FEE AND BOND LIST
3750 Bullock Lane
Page 2 of 2
Amount Form Date
Received
Bond Release Status
Fees:
Map Check Fee $19,170.39 Check 5/10/18
Plan Check Fee Deposit (based on initial V)
Plan Check Remainder
Total Plan Check Fee
$26,500.46
pending
pending
Check
xxx
xxx
5/10/18
xxx
xxx
Improvement Plan Inspection Fee pending xxx xxx
Roadway Maintenance Fee pending xxx xxx
Park In-Lieu Fee1 To be collected with building permit
Affordable Housing Requirements See Affordable Housing Agreement
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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