HomeMy WebLinkAbout07-16-2013 c9 approval of final map & acceptance for tract 2943
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Hal Hannula, Supervising Civil Engineer
Diane Dostalek, Engineering Consultant
SUBJECT: APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2943 PHASE 1, 151 SUBURBAN ROAD
(TR 74-07)
RECOMMENDATION
1. Adopt a resolution approving the Final Map for Tract 2943 Phase 1, 151 Suburban Road; and
2. Adopt a resolution accepting the public improvements and certifying completion of the required
private subdivision improvements for Tract 2943 Phase 1, 151 Suburban Road.
DISCUSSION
Background
A tentative map for Tract 2943 (TR 74-07) located at 151 Suburban Road (see Attachment 1 for
vicinity map) was approved by City Council on December 2, 2008, by Resolution No. 10046 (2008
Series) (Attachment 2). The tentative map (Attachment 3) approved creation of 23 commercial lots.
Phase 1 of the subdivision will create seven commercial lots plus one large lot which will be further
subdivided in Phase 2.
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 and
66452.23 of the Subdivision Map Act, this tentative map now has an expiration date of
December 2, 2015.
The final map is ready to be approved and recorded. 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. Pursuant to Section 16.14.080 of the Municipal Code, the
Director of Public Works has determined that the final map is in substantial compliance with the
tentative map and approved modifications thereof.
Appropriate securities have been submitted to guarantee completion of the required subdivision
improvements as shown in the Subdivision Agreement (Attachment 4). The resolution approving
the final map (Attachment 5) also authorizes the Mayor to sign the Subdivision Agreement
requiring the Subdivider to complete the subdivision improvements.
Meeting Date
Item Number July 16, 2013
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Approval of the Final Map for Tract 2943 Phase 1, 151 Suburban (TR 74-07) Page 2
Accepting the Public Improvements and Certifying Completion of Private Improvements
Public improvements for this project include a new street named Earthwood Lane, street lights,
curb, gutter, sidewalk, curb ramps, driveway approaches, fire hydrant, water main, recycled water
main (currently inactive), sewer main, and water services to the meters. The remaining subdivision
improvements are private improvements including but not limited to on-site drive aisles and
parking, on-site utility services, sewer lines and laterals, sewer lift-station, reuse of existing water
well for irrigation, storm drain basins, storm drain force main, and storm drain improvements.
The subdivision improvements for Phase 1, as required in the Subdivision Agreement, have been
completed and inspected under the building permit and encroachment permit processes to the
satisfaction of the City. Therefore, no Faithful Performance or Labor & Materials securities are
required. The City has collected a ten-percent guarantee in the amount of $78,000 to ensure that the
subdivider will remedy any defects in the improvements arising from faulty workmanship or
materials or defective construction of said improvements for a period of one year.
A draft resolution Accepting and Certifying Completion of the Subdivision Improvements is attached
(Attachment 6). This resolution also authorizes the Public Works Director to release the ten-percent
security upon completion of the one-year warranty period to the satisfaction of the City.
FISCAL IMPACT
There is no significant financial impact to the City associated with approving the final map for
Tract 2943 Phase 1. However, accepting the public improvements constructed with this proposed
subdivision will result in a moderate increase in maintenance costs for the public street, water lines,
sewer lines, street lights, and drainage facilities. Cumulative increases in infrastructure eventually
require additional resources to maintain. When required, these additional resources would be requested
as part of the Financial Plan process, consistent with City policy.
CONCURRENCES
The Community Development and Utilities Departments concur with the recommended action.
ALTERNATIVES
Deny approval of the final map. The final map can be denied only 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). Staff has
concluded that 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. In order to deny
the final map Council is required to make record findings regarding tentative map conditions that
have not been met or material non-compliance with the tentative map pursuant to Sections 66474.1
and 66473 of the Subdivision Map Act. Based on staff’s review of the final map, this alternative is
not recommended.
Do not accept the public improvements or certify completion of the private improvements. If
Council finds that some of the required subdivision improvements have not been completed as
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Approval of the Final Map for Tract 2943 Phase 1, 151 Suburban (TR 74-07) Page 3
required, then Council can continue this item until such time as the improvements have been
completed to the satisfaction of the City. Staff does not recommend this alternative because staff’s
review has determined that all of the subdivision improvements have been completed in accordance
with the approved plans and specifications and modifications thereof.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 10046 (2008 Series)
3. Tentative Map
4. Subdivision Agreement
5. Draft Resolution Approving the Final Map
6. Draft Resolution Accepting and Certifying Completion of the Subdivision Improvements
T:\Council Agenda Reports\2013\2013-07-16\Final Map approval and Acceptance of Improvements Tract 2943 Phase 1 (Grigsby-Hannula-Dostalek)\E-Council Agenda Report.docx
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R _____
RESOLUTION NO. (2013 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2943 PHASE 1
(151 SUBURBAN ROAD, TR 74-07)
WHEREAS, the City Council made certain findings concerning the tentative map for
Tract 2943, as prescribed in Resolution No. 10046 (2008 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements for
Phase 1 or submitted appropriate securities to guarantee installation of the required subdivision
improvements as shown on the approved plans, and all fees for Phase 1 have been received or
will be received prior to map recordation, as prescribed in the Subdivision Agreement; and
WHEREAS, all conditions required per said Resolution No. 10046 (2008 Series) have
been met prior to final recordation of the map.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2943 Phase 1, as shown on the attached
Exhibit “A”, is found to be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract No. 2943 Phase 1 is hereby approved.
SECTION 3. Approval of the final map for Tract 2943 Phase 1 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Attachment 5
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Resolution No. (2013 Series)
Page 2
The foregoing resolution was adopted this ______ day of _______________ 2013.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick______________
J. Christine Dietrick
City Attorney
Attachment 5
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R _____
RESOLUTION NO. (2013 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2943 PHASE 1
(151 SUBURBAN ROAD, TR 74-07)
WHEREAS, the City Council made certain findings concerning Tract 2943, as
prescribed in Resolution No. 10046 (2008 Series); and
WHEREAS, the City Council approved the final map for Tract 2943 Phase 1 per
Resolution No. _________ (2013 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2943 Phase 1, in accordance with City standards and specifications and has requested
acceptance of the public improvements for maintenance and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2943 Phase 1 in accordance with City standards, specifications and the approved plans, and
has requested that the city certify completion of these private improvements; and
WHEREAS, the subdivider has deposited with the City a security guaranteeing that the
subdivider will remedy any defects in the improvements arising from faulty workmanship or
materials or defective construction of said improvements for a period of one year
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements for
Tract No. 2943 Phase 1.
SECTION 2. The City Council hereby certifies completion of the private improvements
for Tract No. 2943 Phase 1.
SECTION 3. The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12 month warranty time
period from the date of acceptance of the improvements.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Attachment 6
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Resolution No. (2013 Series)
Page 2
The foregoing resolution was adopted this ______ day of _______________ 2013.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM:
___J. Christine Dietrick_________
J. Christine Dietrick
City Attorney
Attachment 6
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