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HomeMy WebLinkAbout06/01/2004, C6 - FINAL MAP APPROVAL FOR TRACT 2340 - A NINE LOT COMMON INTEREST SUBDIVISION LOCATED AT 1720 JOHNSON council M=6*D� June 1,2004 j acEnaa REpoin N-N-,I- CITY OF SAN LUIS OBISPO FROM: Michael D. McCluskey, P.E.—Public Works Director M" Prepared By: Robert Livick, P.E. —Supervising Civil Engineer/ SUBJECT: FINAL MAP APPROVAL FOR TRACT 2340 — A NINE LOT COMMON INTEREST SUBDIVISION LOCATED AT 1720 JOHNSON AVENUE - STEVEN AND ILENE SICANOFF, SUBDIVIDERS CAO RECOMMENDATION Adopt resolution (Attachment 2) approving the final map (Attachment 1) for Tract 2340 and authorizing the Mayor to execute the subdivision agreement on behalf of the City. DISCUSSION The tentative map for Tract 2340 (Planning Application # TR 4-99) was approved on April 4, 2000 with Resolution No. 9034 (2000 Series) (Attachment 3), which subdivides five existing parcels of land into 9 single-family residential lots, including a common driveway and parking easement. California Government Code [Subdivision Map Act (§66452.6)] states that ."an approved tentative map shall expire 24 months after its approval, or after any additional period of time as. may be prescribed by local ordinance, not to exceed an additional 12 months." Normally, the tentative map for the project would have expired on April 4,2002. However, development has been delayed because the applicant has not been able to secure an off-site sewer easement, as required by City Council Resolution No. 9034. Condition No. 5 of the approving resolution requires the developer to relocate an existing sewer main onto the adjacent property, owned by the School District. The sewer main serves only the School District's property on Lizzie Street, and is presently located on the applicant's property in an easement. The School District has refused to relinquish the easement and allow the sewer to be relocated onto.their property. The Subdivision Map Act (§66452.6(b)) states that such actions by government agencies constitute a building moratorium, effectively extending the life of the tentative map approval. On a December 12, 2002, the applicant submitted a revised map, with minor modifications to the approved lot design so that all proposed buildings will be outside of the sewer easement. The submittal of the redesign effectively ended the moratorium and the Public Work's Department set the approval to expire 120 days later, on April 11, 2003, as provided for in the Subdivision Map Act. The applicant submitted a request for time extension on March 19, 2003, which preceded the expiration date of the map by approximately one month. The one-year extension was effective until April 11, 2004, per Resolution 9446 (2003 Series) (Attachment 4). The applicant filed the Final Map with the City Public Works Department on April 8, 2004, but was unable to submit the associated offsite access easement, through School District Property, until it was executed by San Luis Coastal Unified School District on May 5, 2004. This complies with Ul I Final Map Approval For Tract 2340 Page 2 the timely filing of the Final Map in accordance with section 66452.6 (d) of the Subdivision Map Act. Public and private improvement plans have been approved by the Public Works, Utilities and Community Development Departments for Tract 2340 and the improvements are currently under construction. The improvements include minor street frontage improvements, landscaping, private storm drains, private water and sewer mains and services, private fire hydrants and other public utilities that meet City standards. Covenants, conditions and restrictions (CC&Rs), along with the final map, have been approved by the Community Development Director and City Attorney. Affordable Housing and City Fees The City's Municipal Code requires projects to provide affordable housing consistent with Policy 1.22.1 of the Housing element. The subdivider will pay"In Lieu Fees"in order to comply with the affordability provisions of the Housing Element. The amount of"In-Lieu Fees" that will be paid with the 8 building permits amounts to approximately$39,700. The subdivider has submitted letters of credit to guarantee installation of the required subdivision improvements and has paid the required fees, as prescribed in the attached subdivision agreement (Attachment 2, Exhibit A), to allow recordation of the final map. The final map has, therefore, been found to be in substantial conformance with the approved tentative map and all conditions related to the map have been met and/or guaranteed. Approval of a final map is a "ministerial act", pursuant to the California Subdivision Map Act (Government Code Section 66474.1), once the map is found to be in substantial conformance with the approved tentative map. This tract has met all City regulations and no further discretionary approvals are required. CONCURRENCES The Community Development Director and Utilities Director concur with the recommended action. FISCAL IMPACT This subdivision connects to existing City infrastructure. No new street, sidewalk, sewer or water main construction is necessary to serve this subdivision, other than connections and services. Therefore the infrastructure maintenance costs will be relatively the same as prior to the subdivision. ALTERNATIVES Deny approval of the final map if the Council finds that conditions have not been satisfactorily met. Final Map Approval For Tract 2340 Page 3 ATTACHMENTS 1 -Map 2-Draft resolution and subdivision agreement 3 -Resolution No. 9034 (2000 Series) 4- Resolution No. 9446 (2003 Series) iAl council agenda reports\2004 agenda reporrsltransportadon and development review(bochum)Wevelopment review(livick)tcar final map approval for tract 2340.doc C(� �3 Attachment 1 8 cQ 0- 3� as 3 ao F -. fF �1�.Jy3t 0 Z.z0. 9 ^ o w_ � 1eOS T< OFWJ�3 � O ^ 6 < bb $xg§ $<� b� . GCS <u i�°n o3 $ "' $ Wo �i g � g do a 2 E j Ei <i a �ib � 8 ta€�b�aYo `5 aa I <_ a F q a N o � a 3@ �° S � 13111 F� gig 9 F »l a I-, a 9$1 g ° 3L i $xah C€ `o � » �ONoa TY S '� cWa ^jatl ��fQ � a bob a @4w g C 3 & Mvb2s24q �� .... gI ffipi 1855 �[€€A �$ug €agNb� w q��x ya"1 tab ga m ` S °g�°<N [aog ;pq �$ Yo Kiri 8 d Nxz �3��JY33 �,�.a Pa€ 9$ �� 33 0109. Ind8a`�„ ° s d e ��g�<�a� d 8 Fg3�� b'' � xboYo��$ . 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R15E. 11 sIL OWTI if E E N I - E E gw _— /�.,>♦,�-- y6�y1 dds EJ1AfiS ee � �� EI ' _ �Ia ddS ' 1 I E p{ ^E 6� RtIYLIS � I � W AYLI ssq I _-gym{ _� §I� tl • � 6 I I I 11 N m� I E I Na EI I Jx I I W ItITI �.0 � L ■ •le 81 u L � E I a u/ 1 y�� In I �, W �E�yyy q d �� I � I V 1 .11®44. tC6CS1G1 —o °lb.E _� �--WtKZt �� Wp6L1 -- I �� i WER'u N CP 1 I )1 S U 6 ds h g E �y,II�stl Ip= Eli npp E m1�6 'tlq; blg [ 51 In ^ '1 3 Y T a W W W =W- -� E---�-- 6 Ali C;u000n) W 44DQ-04SE au6y E � m LIN U � U I Wv I rLP I. Attachment 4, RESOLUTION NO. (2004 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2340 WHEREAS, the City Council made certain findings concerning tentative Tract 2340, as prescribed in Resolution No. 9034(2000 Series), and WHEREAS, the City Council made additional findings concerning a one-year time extension to file a final map, as prescribed in Resolution No. 9446 (2002 Series), and WHEREAS, the subdivider has submitted surety bonds in the total amounts of $43,980 (Faithful Performance) and $21,990 (Labor & Materials) to guarantee installation of the required subdivision improvements shown on the approved plans, and all fees have been received, as prescribed in the attached subdivision agreement,marked"Exhibit A",and WHEREAS, the Community Development Director has approved the Covenants, Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities and common areas,and WHEREAS, all other conditions required per said Resolution No. 9066 (2000 Series) have been met or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2340 is found to be in substantial compliance with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the benefit of the subdivision. On motion of , seconded by And on the following roll call vote: AYES: NOES: ABSENT: �I^r I Resolution No. (2(n.-+ Series) Page Two the foregoing Resolution was passed and adopted this - day of ,2004. MAYOR David F. Romero ATTEST: INTERIM CITY CLERK Diane Reynolds APPROVED AS TO FORM: s � CrA RNEY Jonathan P.Lowell i:U councilagenda reporrsVM4 agenda repo, Vraospottation and development review(bochum)ldevelopment review(Gvick)\final map approval resolution for tract 7340.doc Eki6i � `�. Attachment 2 SUBDIVISION AGREEMENT TRACT 2340 THIS AGREEMENT is dated this day of 2004 by and between Stephen N. Sicanoff and Ilene P. Sicanoff, husband and wife, 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 2340, City of San Luis Obispo, California, as approved by the City Council on the day of 2004. The Subdivider desires that said Tract No. 2340 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 agrees 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 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. STREET LIGHTING Ccs �� Attachment 2 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 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 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 Califomia. 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, or will pay, the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the " , tD Attachment 2 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, 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 total amount of forty three thousand nine hundred eighty dollars ($ 43,980), that 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 Califomia, 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. 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. Attachment 2 Additionally, the Subdivider attaches hereto, as an integral part hereof, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the total amount of twenty one thousand nine hundred ninety dollars ($21,990) as a labor and materials.surety which is fifty percent (50%) of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of five thousand seven hundred and forty one dollars ($5,741) 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 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, 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. C� r� EXHIBIT 1 Attachme, 2 TRACT 2340- SUBDIVISION AGREEMENT 1. Park-in-lieu fees need to be paid, as listed in the attached EXHIBIT 2. 2. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department, Building Division, in accordance with City Regulations. 3. Transportation impact fees shall be paid at time of building permits through the Community Development Department,Building Division,in accordance with City Regulations. 4. The subdivider shall comply with all requirements of ARC conditions 189-00, Ordinance No 1388 (2001 series) and Council Resolution No 9034(2000) approving the tentative map. C�-13 - \ Attachment 2 EXMBIT 2 TRACT 2340 -FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Total Faithful Performance $43,980 Bond No. Labor&Materials(50%of total cost of $21,990 Bond No. improvements Monument Guarantee Need Bond,CD or Letter of Credit Fees: Map Check Fee $1,440 Check 04/20/01 Plan Check Fee $1,302 Check 04/20/01 Total Inspection Fee $5,741 N/A Total Fee Credit for Early Grading Permit fee Public Improvement Plan Inspection $5,741 Check Park In-Lieu Fee 2 new single family lot x $4,770 $9,540 Affordable Housing Requirements In-lieu Housing Fee $39,714.60' N/A Due with each building permit. (5%of Building Value per City of San Luis Obispo M.C. 17.91.060) Water Impact Fee(Estimate4) $19,356 Due with each building permit at the N/A rate in effect at the time of permit. Wastewater Impact Fee(Estimate) $7,767 Due with each building permit in N/A accordance with City regulations. Transportation Impact Fee(Estimate) $3,8763 Due with each building permit in N/A I accordance with City regulations. 1 Estimate of Fee based on valuation at time of building permit application,final amount to be determined prior to issuance of building permit. 2 All Impact Fees are adjusted annually(typically July 1)based on CPI(July 2001 fee is shown). Credit given for demolished units. 3 A credit was given for Transportation Impact Fee for the demolish units. ()I . i IN WITNESS .vHEREOF, this agreement has been tizecuted by: Attachment 2 CITY OF SAN LUIS OBISPO SUBDIVIDERS MAYOR David F. Romero Stephen N. Scanoff, Co-Owne ATTEST: CITY CLERK Lee Price Ilene P. Scanoff, Co-Owner APPROVED AS TO FORM: CI ORNEY Jonathan P. Lowell Attachment 3 otlf ' RESOLUTION NO. 9034 (2000 Series) #A � "-TL3s°O A RESOLUTION OF THE COUNCIL OV'THE CITY OF SAN LUIS OBISPO tat'i ? APPROVING THE VESTING TENTATIVE MAP FOR A 10-LOT RESIDENTIAL CONDOMINIUM SUBDIVISION AT 1720 JOHNSON AVENUE (TR 4-99; COUNTY TRACT MAP NO.2340) WHEREAS, the Planning Commission conducted a public hearing on September 8, 1999, and recommended approval of Vesting Tentative Tract Map 4-99; and WHEREAS, the City Council conducted a public hearing on April 4, 2000 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the General Plan, the 'Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact with Mitigation Measures as prepared by staff and reviewed by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration with Mitigation Measures adopted on.August 3, 1999, and amended by the Planning Commission on September 8, 1999, adequately addresses the potential significant environmental impacts of the proposed project. The City Council hereby adopts the Negative Declaration with Mitigation Measures. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map 4-99, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and the proposed improvements are consistent with the General Plan and the proposed development plan because the map meets all of the requirements of the Zoning Regulations and Subdivision Regulations and will support development typical of areas designated on the General Plan Land Use Map as Medium- Density Residential. 2. The site is physically suited for the type and density of development allowed in the R-2 zoning district. 3. The design of the subdivision and the proposed improvements, when evaluated in conjunction with the proposed mitigation measures, are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Attachment 3 Resolution No.(2000 Series) Page 2 4. The design of the subdivision or the type of improvements will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The initial environmental study and mitigated negative declaration, ER 4-99, concludes that the project will not have a significant adverse impact on the environment. SECTION 3. Conditions. The vesting tentative map for Tract 4-99 (County Tract Map No. 2340) is approved subject to the following conditions, and one code requirement: 1. The project shall comply with all of the requirements of the Residential Condominium Development Ordinance and the Property Improvement Standards for New Condominium Projects (SLOMC 17.52.140). Solar collectors for water heating and private storage areas shall be reviewed and approved by the Architectural.Review Commission. 2. The grading and drainage plan shall be modified to include measures to deal with water draining from the field above the project, to the approval of the Chief Building Official. 3. The following conditions are provided to insure compatibility between the Fixlini Street right- of-way, the existing school driveway, and the proposed driveway extension to the Judge's Townhouses project, to the approval of the Public Works Director, the Community Development Director,and the School District: a) The existing "Do Not Enter" signs at the end of Fixlini Street shall be removed and positioned to the northwest of the proposed driveway extension. b) All existing directional arrows on the driveway surface shall be removed. c) A table-top/driveway ramp shall be installed northwest of the proposed driveway extension. d) Directional signage shall be installed to the northwest of the new table-top/driveway ramp indicating that two-way traffic is ahead. e) Directional signage and striping shall be installed so that vehicles exiting the school site merge into a single lane prior to reaching the new table-top/driveway ramp. The new table-top/driveway ramp shall be designed to accommodate one vehicle at a time. 4. All mitigation measures included in the Mitigation Agreement signed by the Community Development Director and the applicant, Stephen Sieanoff dated August 17, 1999, are hereby included as conditions of approval. 5. A portion of the existing sewer main that serves the School District property and crosses the project site in an easement is proposed to be abandoned. If this proves feasible, the School District property shall be reconnected to the existing active gravity sewer system located in the public right-of-way at the end of Fixlini Street. If this alignment is not feasible because of the depth of the system serving the School.District property, then the existing sewer serving the school shall be realigned in an easement on School District �l.v • I'l. ATTACHMENT 3 Resolution No. (2000 Series) Page 3 property, to the approval of the Utilities Director. As the need for this work is driven by the redevelopment of I720 Johnson, all costs associated with this work shall be the responsibility of the developer. 6. The double-check detector check assembly (DCDC) shall be located adjacent to the public right-of-way in Johnson Avenue to the satisfaction of the Fire Marshall and Utilities Engineer. 7. Three separate 2" laterals will be required to serve the ten new residences, with meters manifolded in groups of 4 or 3 meters per manifold. They need to be sized and placed at appropriate locations along the Johnson Avenue frontage to minimize the distance to the units from the water meters,to the approval of the Utilities Engineer. 8. The applicant shall install a gate at the Fixhni entrance which can only be opened by residents of the complex and Police and Fire Departments, to the approval of the Community Development Director. 9. A drainage easement shall be created for the cross-lot drainage disposal in the back yards of lots 6, 7 and 8. 10. If there is an existing well,then the location shall be shown. Code Requirements 1. A water allocation is required, due to the additional units. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. 2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the number of single family units being built.The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. 3. Each lot/unit shall be provided a separate water, gas, electric, telephone and cable TV service (a common sewer is allowed). Water services shall be manifolded in pairs, whenever possible,in accordance with City standards. 4. New construction shall meet the setback requirements of the Uniform Plumbing Code (UPC)table 7-7 for water wells,if a well exists. 5. Lots shall be developed with grades that comply with the Uniform Building Code (UBC) appendix section 3315.4. 6. The subdivider shall pay Park-In-Lieu fees consistent with SIA Municipal Code Section 16.40.80. ATTACHMENT 3 Resolution No. (2000 Series) Page 4 7. The subdivider shall meet the Inclusionary housing requirement consistent with the SLO Municipal Code Section 17.91. 8. Traffic impact fees are required to be paid prior to the issuance of a building permit, with credit for existing legal units. 9. Fire flow shall be in accordance with Appendix III-A of the 1999 California Fire Code. The proposed location of the on-site hydrant is adequate. Hydrant shall be installed per City Engineering Standards. 10. All new construction shall have automatic fire sprinklers installed per the Building Code. 11. Buildings undergoing demolition and construction shall be in accordance with Article 87 of the 1999 California Fire Code. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following toll call vote: AYES: Council Members Ewan, Marx,Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of April 2000. Mayor llen Settle ATTEST: Lee Price,City Clerk APPROVED AS TO FORM: of G. org b*fGn, ty Attorney CcQ r c� Attachment 4 RESOLUTION NO. 9446(2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO.2340 (1720 Johnson Avenue; City File No. 4-99) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of public testimony, the subdividers request, staff recommendations and reports thereon, found that the one-year time extension is justified. SECTION 2. Action. That a one-year time extension for filing the final map for Vesting Tentative Tract Map No. 2372 is granted to April 1I, 2004, subject to the original findings and conditions of tentative map approval, as specified in City Council Resolution No. 9034(2000 Series). On motion of Council Member Ewan,seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Ewan,Schwartz, and Settle, Vice Mayor Mulholland,and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 60`day of May 2003. Mayor David F. Romero ATTE4T A _ Lee Price,C.M.C. City Clerk APPR VED AS TO FORM ilbert A. Trujillo, Acting City Attorney R 9446 CEoru