HomeMy WebLinkAbout12/05/1995, C-5 - FINAL MAP APPROVAL FOR TRACT NO. 2132, A 47 LOT RESIDENTIAL SUBDIVISION AT LAUREL LANE AND SOUTHWOOD DRIVE. (RICHARD LOUGHEAD, SUBDIVIDER) �I��H��7����NIIIIIIIIIII MEETING DATE:
lij���� city o1" San LUIS OBISpo 12WM5
ITEM NU}y16EF}
COUNCIL AGENDA REPORT �
FROM:
Michael D. McCluskey, Public Works Director-
Prepared
irector
Prepared by: Gerald W. Kenny, Supervising Civ 1 Engineer
SUBJECT:
Final Map Approval for Tract No. 2132, a 47 lot residential
subdivision at Laurel Lane and Southwood Drive.
(Richard Loughead, Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 2132,
including waiving 50% of the park-in-lieu fee based on the
provision of park facilities within the project.
DISCUSSION:
The tentative map for Tract No. 2132 was approved on May 25, 1993 per
Resolution No. 8173 (1993 Series) . Most of the subdivision improve-
ments have already been completed and the remaining improvements are
currently under construction. A Letter of Credit in the amount of
$100, 000 has been received for faithful performance and another for
$50, 000 to guarantee installation of the remaining improvements.
Park-in-lieu fee reduction:
The tentative map includes development of a small private park for the
use of the residents of the subdivision. The Subdivision Map Act
[Section 66477 (i) ] and the City's Subdivision Ordinance (M.C. Section
16.40.070) provide for reduction/waiver of "up to 50%" of required
park-in-lieu fees, if the subdivider provides permanent open space and
facilities comparable to those customarily found in local parks. A
Homeowners Association will maintain the private park. The residents
will presumably have less need for using other parks in the City. The
Community Development and Recreation Directors support this reduction
in park-in-lieu fees. '
The recommended draft resolution approving the final map and the
subdivision agreement include the waiver of 50% of the required
$ 92 , 000 park-in-lieu fee, or, $ 46, 000. The Council may approve,
modify or deny this reduction. The Subdivider has paid only 50% of the
fee ($ 46, 000) pending a decision. Therefore, final map approval would
have to be postponed until payment of any balance due, based on a
different decision by the Council.
All fees and guarantees have been received as noted on the Fee and Bond
List, attached as Exhibit 1 of the subdivision agreement. The subdi-
vision improvement plans were approved some time ago and most of the
work has already been done, as noted above. The CC & R's have been
approved. They include provisions for maintaining the Laurel Lane and
Southwood Dr. soundwalls and related landscaping, private park, private
streets and drainage facilities. The CC & R's will be recorded along
with the final map.
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���►►�►r�ii�lllllllllli� ���Ih city of San LUIS OBISPO
SMaZa COUNCIL AGENDA REPORT
Final Map Approval - Tract No. 2132
Meeting of December 5, 1995
Page two
The subdivider has, therefore, complied satisfactorily with the
respective conditions of this Tract, except as noted above. The final
map has been checked and found to also be in substantial conformity
with the tentative map.
ALTERNATIVES:
Option 1: Adopt a resolution approving the final map, subject
to payment of additional park-in-lieu fees deemed
necessary by the City Council and authorizing the
Mayor to execute a revised subdivision agreement
prior to recordation of the final map.
Option 2 : Deny approval of the final map if the Council finds
that any conditions have not been satisfactorily met.
FISCAL IMPACT:
Normal maintenance of public sewer and water system facilities.
The waiver of 50% of the park-in-lieu fee will reduce revenues to
the City. However, this is offset by the provision of added park
facilities.
CONCURRENCES:
The Community Development Director, Recreation Director and City
Attorney concur with the recommended action.
Attachments:
1 - Draft resolution and subdivision agreement w/ 50% Park-in-lieu
fee reduction.
2 - Map
3 - Final Map Checklist
4 - Resolution No. 8173 (1993 Series)
G: \WP51\DReview\T2132.fm
L--S
RESOLUTION NO. (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2132
WHEREAS, the City Council made certain findings concerning Tract
2132 as contained in Resolution No. 8173 (1993 Series) , and
WHEREAS, the city council has approved a 503 reduction in park-in-
lieu fees in view of the private park being developed within the tract,
WHEREAS, all other conditions required per Resolution No. 8173
(1993 Series) of said Tract No. 2132 have been satisfactorily met
and/or are guaranteed under a Subdivision Agreement (attached Exhibit
"A") and surety to guarantee Faithful Performance ($ 100,000.00) and
Labor & Materials ($ 50, 000. 00) .
NOW THEREFORE BE IT RESOLVED that: (1) final map approval is
hereby granted for Tract No. 2132 and (2) the Mayor is hereby
authorized to approve of the Subdivision Agreement.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1995.
ATTEST: MAYOR Allen Settle
CITY CLERK
APPROVED AS TO FORM:
TT q of ey Jorgensen
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and
between Richard J Loughead Jr 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 2132, City of San Luis Obispo, California, as
approved by the City Council on the day of
19_.
The Subdivider desires that said Tract 2132 be accepted and
approved as a final map pursuant to the Subdivision Regulations of
the City of San Luis Obispo (Title 17 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
1. CURB, GUTTERS AND SIDEWALKS
2 . STREET BASE AND SURFACING
3 . WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. 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.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
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 or under the direction of the Subdividers Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide "as-built" or record plans to the City at the end of
construction, prior to release of bond or acceptance of the
improvements. The Subdivider agrees to include the cost of this
work in the contract for the design work with the project engineer,
and shall advise the Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing within ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
2
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
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 eighteen (18) 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 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 51 paragraph 8771 et seq. , of the Professional Land
3
S�
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
$100.000.00, 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 total cost of the improvements (10%
of $420, 000 = $42, 000) , 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.
4
5
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 agrees to deposit with the City a labor and
materials bond in the amount of 50% of the above described
subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $15,320. 00, from which the
City will pay the salary and expenses of an inspector or inspectors
to inspect the installation of said subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
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.
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
5
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 SUBDIVIDE
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
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city of sari Luis ogispo
* ��- aml FINAL MAP APPROVAL CHECKLIST
PROJECT NAME Ly4 1ejffz n1)10 �— ifi/C6 i �UTd De/
DESCRIPTION 4/ �vr _ Sv�o���s�uv l�/ray /crvsrE N �
MAP NUMBER T -2(32 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING) Including planting &retaining walls N q C Df DR oNots' fs.�
2 STORM DRAINS&DRAINAGE STRUCTURES
3 SEWERS&SERVICES
4 WATERLINES&SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water,Sewer) r/ C r
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION
13 STREET TREES
14 OFFSITE WORK
15 BONDIGUARANTEE deposited ys-
16 PARK dedication or In-Ileu fees i
17 De Osit Account Status
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission
20 Architectural Review Commission
21 City Council
^2 Abandonments
Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY
✓DEEVSELOPMENTAPPROVAL
52-81PUBLICS�M6W APPROVAL e S//
EXHIBIT 1
TRACT 2132
LAURELWOOD
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $1,500. 00 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. 50% of standard Park-in-lieu fees have been paid, in the amount
of $2000.00 per new lot or 46 times $2000 = $92,000 times 50% _
$46, 000 .
3. Water and sewer impact fees will be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4 . The Subdivider shall improve and landscape and make provisions
for the homeowners to maintain the park, the frontages along Laurel
Lane and Southwood Street, the private streets and drainage
facilities in compliance with Conditions 7, 13 and 14 of Council
Resolution No. 8173 (1993 Series) .
5. The Subdivider has paid $50, 000.00 towards local area traffic
improvement facilities including Traffic signals at Southwood and
Laurel, Laurel and Orcutt, and railroad crossing at Orcutt per
condition 4 of Council Resolution No. 8173 (1993 Series)
67- S/2
EXHIBIT 2
TRACT 2132
LAURELWOOD
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Rough Grading/Erosion $3, 000 CD # 7603 12/2/94
Control
Faithful Performance $100, 000 L/C #95-08 10/31/95
(Remaining improvements as of 10/95*)
Labor & Materials $50, 000 L/C #95-09 5
(50% of "Bond") G�G
Monument Guarantee $1,500 CD #7721 11J-8/95
Fees:
Map Check Fee $3 , 279 2/15/94
H.B.
Plan check Fee $9, 090 2/15/94
H.B.
Inspection Fee $15, 320 12/2/94
($533 + 2.5$ of $591,480)
Park-in-Lieu Fee $46, 000 11_L6/95
(Reduced 50%
by City Council)
Traffic Facilities $50, 000 11/6/95
(Per Condition 4) c�
Water and Sewer Impact Fees
(Due in conjunction with Building Permits)
*Total subdivision improvements = $591, 480 therefore warranty bond
will be 10% of $591,480 = $59, 148
A: \HB2\T2132agr
vY
RESOLUTION NO. 8173 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2132
LOCATED AT 1190 LAUREL LANE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2132 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and proposed improvements
are consistent with the general plan.
2 . The site is physically suited for the type and density of
development allowed in the R-3 zone.
3 . The design of the subdivision and the. proposed improvements
are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
4 . The design of the subdivision or the type of improvement
will not conflict with easements for access through, or use
of property within, the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision will not have a significant effect on
the environment and has issued a negative declaration of
environmental impact for the project, which is hereby
approved.
SECTION 2 . Conditions. The approval of the tentative map
for Tract 2132 is subject to the following conditions:
Relationship to planned development:
1. Approval of this subdivision is contingent upon the adoption
of the planned development rezoning of the included property
to the R-3-PD district as requested by application PD 13-93 .
Density:
2 . The maximum density allowed on each lot is 2. 00 dwelling
units, as defined by the zoning regulations. Lots may be
developed with more than one dwelling unit if this density
is not exceeded, and if all property development standards
are met for the additional unit.
Resolution No. 8173 (1993 Series)
Tract 2132
Page 3
b. The homeowners' association shall maintain all public
right-of-way frontage improvements (on Laurel Lane and
Southwood Drive) , rather than individual lot owners.
C. There shall be no provisions in the CC&R's that
prohibit use of private clotheslines in rear yard
areas.
d. The City shall be granted the right to maintain the
common areas and rights-of-way if the homeowners'
association fails to perform, and to assess the
homeowners' association for expenses incurred, and the
right to inspect the site at mutually agreed times to
assure conditions of CC&R's and the final map are being
met.
e. There shall be no parking except in approved,
designated spaces.
f. The City shall have the right to tow away vehicles on a
complain basis, which are parked in unauthorized
places.
g. Garages. shall be available for parking at all times.
h. There shall be no outdoor storage of boats, campers,
motorhomes, or trailers, nor long-term storage of
inoperable vehicles.
i. There shall be no outdoor storage by individual
homeowners except in designated storage areas.
j . The homeowners' association shall file with the City
Clerk the names and addresses of all officers of the
homeowners' association within 15 days of any change in
officers of the association.
k. Appropriate "no parking" signs and red-curbing shall be
installed and maintained along interior streets as
required by the City Fire Department.
1. There shall be no change in city-regulated provisions
of the CC&R's without prior approval by the Community
Development Director.
c s-is
Resolution No. 8173 (1993 Series)
Tract 2132
Page 5
14. The subdivider shall dedicate all private streets as a
Public water and sewer system easement, to the satisfaction
of the City Engineer and Utilities Engineer. Said easement
shall exempt the City from all responsibility for the
replacement of any decorative pavements (other than City
standard asphalt concrete pavement) used on any private
streets.
15. Each lot shall be served by individual services (water,
sewer, gas, electric, telephone and cable TV) to the
satisfaction of the City Engineer and Utilities Engineer.
Piping shall be installed to make use of reclaimed water for
maintaining landscaping in the common area, to the approval
of the Utilities Engineer and Public Works Director.
16. All water services shall be sized accordingly to provide the
flows required for fire sprinklers, to the satisfaction of
the Utilities Engineer and Fire Marshal.
17 . The Subdivider shall dedicate a 6' wide public utilities
easement along all street frontages (public and private) .
18 . The subdivider shall install conduit for the future
undergrounding of existing overhead utilities, along the
Laurel Lane frontage. If the cost of conduit installation
is less than 2/7 of the total estimated cost of
undergrounding, then the subdivider shall deposit the
difference with the City. Any such sum is to be used to
off-set the costs of the eventual completion of said
undergrounding project. The Public works Director shall
determine how and when the work will be done.
19 . All boundary monuments, lot corners and centerline
intersections, BC's, EC's, etc. . . , shall be tied to the
City's control network. At least two control points shall
be used and a tabulation of the coordinates shall be
submitted with the final map or parcel map. A 5-1/4"
diameter computer floppy disk, containing the appropriate
data for use in autocad for Geographic Information System
(GIS) purposes, is also required to be submitted to the
City Engineer.
20. The subdivider shall provide the City Engineer with a
detailed hydraulic analysis which indicates the effects of
the proposed development on adjacent and downstream
properties. The analysis must address the existing storm
drain facilities and creek capacities. The proposed
development cannot create a situation which increases
flooding potential downstream.
c'-s-IG
Resolution No: .8173 (1993 Series)
Tract. 2132
_ •Page 7
APPROVED:
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