HomeMy WebLinkAbout03-01-2016 Item 09 Approval of the Final Map For Tract 2977 Unit 4, 851 Humbert Ave
Meeting Date: 3/1/2016
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2977 UNIT 4,
851 HUMBERT AVENUE (TR 27-06)
RECOMMENDATION
Adopt a resolution approving the Final Map for Tract 2977 Unit 4, 851 Humbert Avenue, and
authorize the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Tract 2977 (TR 27-06) is located at 851 Humbert Avenue (Attachment A). A vesting tentative
map for Tract 2977 was approved by the City Council on March 17, 2009, by Resolution
No. 10066 (Series 2009) (Attachment B). The vesting tentative map (Attachment C) approved an
84-lot subdivision, including 83 lots created for development purposes and one lot for a 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 October 16, 2012. 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 second final map, Unit 2, was approved by Council on November 19, 2013. 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. The third final
map, Unit 3, was approved by Council on May 19, 2015. The subdivision improvements
associated with the Unit 3 map consist of “Phases 4 & 5” as shown on the approved PIP’s and
include construction of on-site improvements only.
The Unit 4 final map is the last phase for Tract 2977. The Unit 4 final map consists of 20
residential lots and one lot for common area. The subdivision improvements associated with the
Unit 4 map consist of “Phases 6 & 7” as shown on the approved PIP’s and include on-site
improvements only.
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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
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 4 of the map.
The tentative map approved one lot for a 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 Units 2, 3, and 4 maps 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 4 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.
Appropriate securities have been submitted to guarantee completion of the required subdi vision
improvements as shown in the Subdivision Agreement (Attachment D). The resolution
approving the final map (Attachment E) also authorizes the Mayor to sign the Subdivision
Agreement requiring the Subdivider to complete the subdivision improvements.
CONCURRENCES
The Public Works Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
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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.
Attachments:
a - Vicinity Map
b - Resolution No. 10066 (2009 Series)
c - Vesting Tentative Map
d - Subdivision Agreement
e - Draft Resolution Approving Final Map
f - Exhibit 1 to attachment e
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TRACT 2977
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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 4, 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 4 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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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.
9.d
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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 $1,831,145 for
Phase 6 and $2,339,859 for Phase 7, 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 6 are $128,000 and $180,000 for
Phase 7.
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
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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.
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 $1,831,145 for Phase 6 and $2,339,859 for Phase 7, 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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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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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:
_______________________________
INTERIM CITY CLERK Jon Ansolabehere
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EXHIBIT 1
TRACT 2977 UNIT 4
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,000 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. Fair share traffic mitigation fees for a future traffic signal at the Broad/ Lawrence
intersection and for the Broad/South/Santa Barbara intersection improvements have been
paid, as listed in the attached EXHIBIT 2.
4. 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.
5. 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.
6. The subdivider shall comply with all requirements of Council Resolution No. 10066
(2009 Series) approving the tentative map.
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EXHIBIT 2
TRACT 2977 UNIT 4 - FEE AND BOND LIST
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Faithful Performance for Phase 6 $1,831,145 Dual Obligee
Rider on
bond
1/12/16 Can be released upon City
acceptance of improvements and
deposit of one-year warranty
surety.
Labor & Materials for Phase 6 $1,831,145 Dual Obligee
Rider on
bond
1/12/16 Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Faithful Performance for Phase 7 $2,339,859 Dual Obligee
Rider on
bond
1/12/16 Can be released upon City
acceptance of improvements and
deposit of one-year warranty
surety.
Labor & Materials for Phase 7 $2,339,859 Dual Obligee
Rider on
bond
1/12/16 Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee for Phases 6 and 7 $1,000 CD 2/3/16 Can be released upon verification
that monuments have been set and
surveyor has been paid.
10% Warranty for Phase 6 To be collected
prior to release
of Faithful
Performance
Bond
10% Warranty for Phase 7 To be collected
prior to release
of Faithful
Performance
Bond
Fees:
Map Check Fee $11,409 Check 1/12/16
Improvement Plan Check Fee Paid with Unit 1
Public Works Inspection Fee Paid with Unit 1
Fair Share Traffic Mitigation Amount $9,792 Check 1/12/16
Park In-Lieu Fee1 $64,372 Check 1/12/16
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. (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT
2977 UNIT 4 (851 HUMBERT AVENUE, 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 will
submit appropriate securities to guarantee installation of the required subdivision improvements
as shown on the approved plans prior to map recordation, 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 4 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 4 as shown on the attached Exhibit 1
is found to be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract No. 2977 Unit 4 is hereby approved.
SECTION 3. Approval of the final map for Tract No. 2977 Unit 4 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:
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Resolution No. (2016 Series) Page 2
The foregoing resolution was adopted this ______ day of _______________ 2016.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Jon Ansolabehere
Interim 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 ______________, _________.
______________________________
Jon Ansolabehere
Interim City Clerk
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Exhibit 1
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