HomeMy WebLinkAbout11-19-2013 c6 approval of final map & acceptance of improvements
FROM: Daryl 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 2977, 851 HUMBERT AVENUE (TR 27-06)
RECOMMENDATION
1. Adopt a resolution approving the Final Map for Tract 2977 Unit 2, 851 Humbert Avenue, and
authorizing the Mayor to execute the Subdivision Agreement on behalf of the City; and
2. Adopt a resolution accepting the public improvements, certifying completion of the required
private subdivision improvements, and releasing the securities for Tract 2977 Unit 1 at
851 Humbert Avenue.
DISCUSSION
Background
Tract 2977 (TR 27-06) is located at 851 Humbert Avenue (Attachment 1). A vesting tentative map
for Tract 2977 was approved by the City Council on March 17, 2009, by Resolution No. 10066
(Series 2009) (Attachment 2). The vesting tentative map (Attachment 3) approved an 84-lot
subdivision, including 83 lots created for development purposes and one lot for common area. The
subdivision, commonly known as the Moylan Terrace project, is an affordable housing project by the
Housing Authority of the City of San Luis Obispo (HASLO). The City contributed approximately
$600,000 of Affordable Housing funds to the Moylan Terrace project.
Pursuant to Section 66456.1 of the Subdivision Map Act, HASLO informed the City of San Luis
Obispo of its intention to file multiple final maps on the one Tract 2977 tentative map. The number
and configuration of the proposed multiple final maps was not defined with the tentative map. The
first final map, Unit 1, was approved by Council on March 19, 2013. The subdivision improvements
associated with the Unit 1 map are shown as “Phase 1” on the approved Public Improvement Plans
(PIP’s) and include construction of Lawrence Drive and Victoria Avenue.
The Unit 2 final map consists of 24 residential lots, two lots for common area, and one remainder
lot to be subdivided in future phases. The subdivision improvements associated with the Unit 2 map
consist of “Phases 2 & 3” as shown on the approved PIP’s and include construction of the Humbert
Avenue cul-de-sac. Sale of units cannot be finalized until a final map has been recorded and the
sale of units is critical to beginning the next phases of the project.
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 66452.22, 66452.23, and
Meeting Date
Item Number November 19, 2013
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APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2977, 851 HUMBERT (TR 27-06)
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66452.24 of the Subdivision Map Act, this vesting tentative map now has an expiration date of
March 7, 2017. Filing of multiple final maps does not extend the life of the tentative map unless
off-site improvements of a certain value are constructed in accordance with Section 66452.6 of the
Subdivision Map Act. There are no off-site improvements required with Tract 2977. The subdivider
is allowed up to three additional years of time extensions per Municipal Code Section 16.10.155.
Barring any further extensions granted by the State Legislature, and assuming the subdivider applies
for and is granted the three years of time extensions allowed by the City, the tentative map has an
ultimate expiration date of March 7, 2020. All phases of the final map must be filed by that time;
otherwise a new tentative map will need to be processed by the subdivider.
Since the number and configuration of the multiple final maps was not defined with the tentative
map, the City has the authority to impose additional reasonable conditions related to the phasing of the
map. No additional conditions are recommended with Unit 2 of the map, but the City has the right to
impose reasonable conditions upon filing of the future phases of the map.
The tentative map approved one lot for common area. The phasing of the final map has created a
situation where the common lot will be created in phases instead of the one single lot originally
approved. Since each phase of the map is creating a new common lot, this results in more common lots
than what was originally approved with the tentative map. Language has been added to the Unit 2
map, and will also be added to the future phases of the map, indicating that these common lots are all
considered a single unit and cannot be conveyed separately. The multiple common lots will then
function as a single lot, so as not to exceed the total number of lots approved with the tentative map.
The final map for Unit 2 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 compliance with the previously approved tentative map.” The
approval of a final map is considered a ministerial action.
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.
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.
Accepting the Public Improvements and Certifying Completion of Private Improvements
Public improvements for Tract 2977 Unit 1 included public streets, curb, gutter, sidewalks, curb
ramps at the intersections, street lights, drive approaches, water and sewer mains in the public
streets, fire hydrants, and water services to the meter. Frontage improvements on Lawrence Drive
were completed and Victoria Avenue was extended from Humbert Avenue to Lawrence Drive. The
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APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2977, 851 HUMBERT (TR 27-06)
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remaining subdivision improvements are private improvements including but not limited to the
on-site drive aisle and parking spaces, trash enclosure, on-site utility services, on-site sewer mains,
on-site storm drain improvements, and landscape improvements.
With the exception of setting the boundary monuments, the subdivision improvements, as required
in the Subdivision Agreement for Tract 2977 Unit 1, have been completed and inspected under the
building permit and encroachment permit processes to the satisfaction of the City. These
improvements were completed and occupancy granted on March 22, 2013.
The subdivider recently requested final acceptance of the Unit 1 subdivision improvements by the
City and release of the respective securities. The Subdivision Agreement authorizes release of the
Faithful Performance and Labor & Materials securities upon Council’s acceptance of the
subdivision improvements and receipt of a guarantee of ten percent of the cost of the subdivision
improvements. The ten-percent guarantee is to insure 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. The total cost of the Unit 1 subdivision improvements was
estimated to be $1,457,400, so the ten-percent security to be retained will be in the amount of
$145,700. The improvements were completed on March 22, 2013, so the ten-percent guarantee will
only need to be held by the City until March 22, 2014. The monumentation bond will continue to be
held by the City until the monuments have been set.
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, and to
release the monumentation bond once the monuments have been set.
CONCURRENCES
The Community Development and Utilities Departments concur with the recommended action.
FISCAL IMPACT
Approving the Final Map
There is no significant financial impact to the City associated with approving the final map for
Tract 2977 Unit 2. However, the public improvements that will be constructed with this phase will
result in a moderate increase in maintenance costs for the public streets, water lines, sewer lines, and
street lights upon acceptance of the improvements by the City.
Accepting the Public Improvements
The public improvements constructed with Tract 2977 Unit 1 will result in a minor increase in
maintenance costs for the streets improvements, street lights, water mains, sewer mains, and water
services. At this time, the Public Works Department Streets Division and the Utilities Department
Water and Sewer Divisions will not need additional resources to maintain this new public
infrastructure. However, cumulative increases in infrastructure eventually require additional resources
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APPROVAL OF THE FINAL MAP AND ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS FOR TRACT 2977, 851 HUMBERT (TR 27-06)
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to maintain. When required, these additional resources would be requested as part of the Financial Plan
process, consistent with City policy.
ALTERNATIVES
Deny approval of the Unit 2 final map. Denying approval of the Unit 2 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 Unit 2 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.
Do not accept the public improvements or certify completion of the private improvements for
Unit 1. If some of the required subdivision improvements for Unit 1 have not been completed, 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 all of the subdivision
improvements for Unit 1 have been completed in accordance with the approved plans and
specifications and modifications thereof.
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 10066 (Series 2009)
3. Vesting 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\2013-11-19\Approval of Final Map & Acceptance of Improvements Tract 2977 (Grigsby-Hannula-Dostalek)\CAR- Tract 2977.docx
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ATTACHMENT 4
1
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between MOYLAN TERRACE, 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 No. 2977 Unit 2, City of San Luis
Obispo, California, as approved by the City Council on the ____ day of ___________,
201___.
The Subdivider desires that said Tract No. 2977 Unit 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 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
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ATTACHMENT 4
2
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
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 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.
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.
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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ATTACHMENT 4
3
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or 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, securities for the
performance of this agreement, instruments 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 instruments of credit or bond are in the amount of $1,991,205 for
Phase 2 and $2,056,347 for Phase 3, which exceed the estimated cost of said
improvements because the Subdivider required its contractor to provide a surety to
Subdivider in that amount, and the City was named a dual obligee on said surety. The
estimated costs of said improvements for Phase 2 are $64,500 and $220,000 for Phase 3.
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
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ATTACHMENT 4
4
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.
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 labor and materials securities in the
amount of $1,991,205 for Phase 2 and $2,056,347 for Phase 3, which exceeds the 50% to
100% range required by the City’s Municipal Code for the estimated cost of said
improvements because the Subdivider required its contractor to provide a surety to
Subdivider in that amount, and the City was named a dual obligee on said surety.
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ATTACHMENT 4
5
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 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.
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ATTACHMENT 4
6
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
_______________________________
MAYOR Jan Marx
SUBDIVIDER
Moylan Terrace, LLC,
a California limited liability company
By: Housing Authority of the City of San Luis Obispo,
a public agency corporate and politic, Manager
________________________________
By: David Booker, Chairman of the Board
ATTEST:
_______________________________
CITY CLERK Anthony Mejia
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY Christine Dietrick
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ATTACHMENT 4
7
EXHIBIT 1
TRACT 2977 UNIT 2
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,500 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.
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 No. 10066
(2009 Series) approving the tentative map.
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ATTACHMENT 4
8
EXHIBIT 2
TRACT 2977 UNIT 2 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Faithful Performance for Phase 2 $1,991,205 Dual Obligee Rider on bond 9/25/13
Labor & Materials for Phase 2 $1,991,205 Dual Obligee Rider on bond 9/25/13
Faithful Performance for Phase 3 $2,056,347 Dual Obligee Rider on bond 9/25/13
Labor & Materials for Phase 3 $2,056,347 Dual Obligee Rider on bond 9/25/13
Monument Guarantee for Phases 2 and 3 $1,500 CD xxxx
Fees:
Map Check Fee $11,632 Check 10/18/13
Improvement Plan Check Fee Paid with Unit 1
Public Works Inspection Fee Paid with Unit 1
Fair Share Traffic Mitigation Amount $11,769 Check xxxx
Park In-Lieu Fee1 $58,422 Check xxxx
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 and affordable housing units that
exceed requirements.
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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. 2977 UNIT 2
(851 HUMBERT, TR 27-06)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract No. 2977, as prescribed in Resolution No. 10066 (2009 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees 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. 10066 (2009 Series)
applicable to Tract No. 2977 Unit 2 have been met prior to final recordation of the map; and
WHEREAS, 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 No. 2977 Unit 2 as shown on the attached Exhibit is
found to be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract No. 2977 Unit 2 is hereby approved.
SECTION 3. Approval of the final map for Tract No. 2977 Unit 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.
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:
______________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
________________________________
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. 2977 UNIT 1
(851 HUMBERT AVENUE, TR 27-06)
WHEREAS, the City Council made certain findings concerning Tract No. 2977 Unit 1,
as prescribed in Resolution No. 10066 (2009 Series); and
WHEREAS, the City Council approved the final map for Tract No. 2977 Unit 1 per
Resolution No. 10404 (2012 Series); and
WHEREAS, with the exception of setting the boundary monuments, the subdivider has
satisfactorily completed the public improvements for Tract No. 2977 Unit 1 as of March 22,
2013, 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 No. 2977 Unit 1 as of March 22, 2013, in accordance with City standards, specifications
and the approved plans, and has requested that the City certify completion of these private
improvements.
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. 2977 Unit 1 as of March 22, 2013.
SECTION 2. The City Council hereby certifies completion of the private improvements
for Tract No. 2977 Unit 1 as of March 22, 2013.
SECTION 3. The Faithful Performance and Labor & Materials securities may be
released upon submittal of a security in the amount of $145,700, which is ten percent of the cost
of the total subdivision improvements, as required in the approved Subdivision Agreement for
Tract No. 2977 Unit 1.
SECTION 4. The Public Works Director is hereby authorized to release said $145,700
security upon completion of the one-year warranty period to the satisfaction of the City, as
required in the Subdivision Agreement for Tract No. 2977 Unit 1.
SECTION 5. The Public Works Director is hereby authorized to release the
monumentation security upon setting of the monuments to the satisfaction of the City, as
required on the final map and in the Subdivision Agreement for Tract No. 2977 Unit 1.
ATTACHMENT 6
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Resolution No. (2013 Series)
Page 2
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2013.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick
City Attorney
ATTACHMENT 6
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