HomeMy WebLinkAbout01-15-2019 Item 3 - Approval of the Final Map for Tract 3044, 3725 Orcutt (TR 137-11)
Department Name: Community Development
Cost Center: 4003
For Agenda of: January 15, 2019
Placement: Consent Item
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3044, 3725 ORCUTT
(TR 137-11)
RECOMMENDATION
Adopt a resolution (Attachment G) approving the Final Map for Tract 3044, 3725 Orcutt Road, and
authorizing the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background/Previous Council Action
Tract 3044 (TR 137-11) is located at 3725 Orcutt Road (Attachment A, Vicinity Map). A vesting
tentative map for Tract 3044 was approved by the City Council on October 1, 2013, by
Resolution No. 10462 (2013 Series) (Attachment B - Reading File). The tentative map
(Attachment C - Reading File) consisted of 80 lots with the intent to build a total of 142
residential units including 45 single-family homes, 33 single-family attached terrace homes, 12
loft-style apartments and 52 senior flats to be created in up to eight phases. A combined
park-drainage basin lot was also proposed. The subdivider was granted a 33% density bonus and
code exceptions including width, depth and total size of lots to achieve the proposed number of
units. Furthermore, some of the streets were proposed to be public and some private, depending
on the proposed width of the street.
The approved tentative map also showed a proposed Parcelization Map with three parcels. This
particular parcelization proposal has since been abandoned by the subdivider. However, a new
parcel map to complete build-out of the subdivision has been proposed and is discussed later in
this report.
Tentative Map Consistency
When the original subdivider began to seek out homebuilders to purchase the entitled
subdivision, it became apparent that the density of the lots would not provide for a marketable
product. City Municipal Code Section 16.10.160 grants the Community Development Director
the authority to approve minor corrections to an approved tentative map or conditions of
approval if all the following are true:
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1. No lots, units or building sites are added or deleted; and
2. The proposed changes are consistent with the intent and spirit of the original tentative map
approval; and
3. The proposed changes are consistent with the zoning regulations and the building code, the
General Plan, and the Subdivision Map Act.
The original subdivider (Nicholas Muick) entered into a purchase agreement with a potential
buyer (Andy Mangano) to buy the subdivision. Before closing on the purchase, Mangano
approached the City with proposed revisions to the tentative map to ensure he would be able to
proceed with a marketable product. At Mangano’s request and under the authority listed above,
the Community Development Director approved the following minor modifications to the
tentative map for Tract 3044:
1. Revise the phasing line. The phasing line was revised to approximately follow the R-2 zone,
which would result in 48 lots being allowed to be created in Phase 1 (Attachment D). A
subdivider is not required to show the number and configuration of proposed phasing on their
tentative map. City Municipal Code Section 16.14.110 and California Government Code
Section 66456.1 only require that they declare that the map will be phased. Therefore, the
subdivider is not bound to the phasing shown on the tentative map. If the proposed phasing
changes, the City may impose additional reasonable conditions to accommodate the revised
phasing.
2. Revise the streets. The streets were reconfigured to align with the alleys being created with
West Creek Tract 3083 north of Tract 3044 to provide for better flow between the two
subdivisions. The streets were also widened to meet City standards, so they could all be
public streets instead of private streets.
3. Orcutt Road frontage improvements. As allowed under Government Code Section 66456.1
and to ensure orderly development, Mangano agreed to an additional condition to
accommodate the revised phasing plan. The condition is to complete the frontage
improvements on Orcutt Road along the Taylor-Muick homestead property and the Fiala
property to complete the gap between the Tract 3044 frontage and the Orcutt improvements
being constructed by Jones Tract 3066.
4. Elimination of the park. Since the Parks & Recreation Commission did not recommend that
the proposed park be accepted as a public facility, the builders would, at best, be eligible for
fee credits at just 50% of the cost of park improvements. Rather than require a private park
be constructed on Tract 3044, the builders will pay the Orcutt Area Park fees instead. Overall
this benefits the City and the public because it allows those funds to be put towards
development of the OASP neighborhood park on the land that was dedicated to the City with
the Righetti Tract 3063-1 subdivision.
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Final Map Specifics
The “first phase” of Tract 3044 is creating 47 single-family lots (Lots 1 to 47) and one lot (Lot
48) for future subdivision. All of the required offers of dedication for public and private
easements are being created with this map to accommodate build-out of the subdivision.
Condition #43 of Council Resolution No. 10462 (2013 Series) requiring secondary access for
more than 30 units has been satisfied through submittal of bonds and approved public
improvement plans by the neighboring West Creek Tract 3044, Righetti Tract 3063, and Jones
Tract 3066 subdivisions for connections to Orcutt Road and Tank Farm Road via Ranch House
Road, Righetti Ranch Road and Tiburon Way.
Condition #44 requiring an emergency vehicle access at the end of the cul-de-sac to Orcutt Road
is no longer needed because the cul-de-sac has been redesigned with a mountable curb to allow
for fire truck turnaround.
As shown on the approved tentative map, the subdivider will be offering an easement across
Lot 23 (Lot 18 of the tentative map) to provide access to the existing Taylor -Muick homestead
lot. A private water and sewer easement is also included to accommodate future connection to
the City’s water and sewer system. The homestead lot is currently served by a private water well
and septic system.
Parcel Map Interface
To complete the buildout of Tract 3044, the subdivider was faced with three options:
1. Record the next phase of Tract 3044 and try to squeeze in all the remaining tentative map lots
into that phase.
2. Apply for an amendment to the tentative map at a public hearing with the Planning
Commission.
3. File a new tentative map over the remaining portion of Tract 3044, which is designated as
Lot 48 on the Tract 3044 final map.
The subdivider elected to file a new tentative map over the remaining portion of Tract 3044.
Because the land before division (Lot 48 of Tract 3044) contains less than five acres (it’s 2.8
acres), each parcel created by the division abuts a maintained public street, and no dedication or
improvements are required (they’re being done with Tract 3044), this tentative map met the
requirements for a parcel map substitution. Typically, subdivisions creating five or more lots
must go through the tract map process, but because this subdivision meets the above exception as
outlined in Section 16.08.050 of the Municipal Code, the subdivider may proceed with a
tentative and final parcel map to complete build-out of the subdivision. Parcel Map SLO 17-0115
is creating six more single-family lots and one lot for multi-family, which includes the drainage
basin serving all of Tract 3044. A parcel map does not require Council approval. It can be
approved by the Community Development Director.
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Affordable Housing
An affordable housing agreement will record prior to or concurrent with the map recordation to
satisfy the affordable housing requirements included in Section 4 of Council Resolution No.
10462 (2013 Series). Per Condition #53, the affordable housing agreement will specify the
timing of construction of affordable units and contain provisions for failure to complete any or
all of the affordable housing units such as collecting affordable housing in-lieu fees, establishing
a threshold for number of units that can be constructed before some affordable housing units are
provided, and providing a letter of credit, bond or other financial guarantee to assure compliance.
The condition stated that the goal of the agreement is to have the affordable housing constructed
as early as possible.
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150. There have
been two City-granted extensions of two years each, so this vesting tentative map now has an
expiration date of October 1, 2019. The map must record prior to expiration of the tentative map.
Two more years of City-granted time extensions are allowed, if requested by the subdivider prior
to tentative map expiration.
The final map for Tract 3044 (Attachment E) is ready to be approved. There are a few minor
revisions still required for technical accuracy and condition compliance, but those changes will
be completed before the map records. 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. California Government Code Section 66474.1
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 will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The
resolution approving the final map (Attachment G) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
Policy Context
The proposed action approving the final map is consistent with the policies set forth in the
previously referenced Municipal Code and California Government Code sections.
Public Engagement
Public notification for the tentative map and environmental document occurred with the Planning
Commission hearing on March 26, 2014. Approval of the final map is considered a ministerial
action, so a public hearing to approve the final map is not required.
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CONCURRENCES
The Director of Public Works and the Fire Department concur with the recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR)
were approved and certified in March 2010. Consistent with Public Resources Code § 21080.7,
Council determined on October 1, 2013, that no additional environmental review was required
since the tentative map is in a urbanized area, the project involves construction of housing that is
consistent with a specific plan that has a certified EIR that was adopted not more than five years
prior, and the initial study (IS) prepared for the project identified no new impacts. Both the 2010
FEIR and subsequent IS constitute the complete environmental determination for the project.
The final map is substantially in compliance with the tentative map evaluated with this prior
environmental determination.
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.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A*
State
Federal
Fees
Other:
Total
*There is no new fiscal impact to the City associated with approving the final map for Tract 3044.
The public improvements that will be constructed with this phase will result in an increase in
maintenance costs for the public streets, public water and sewer, and other infrastructure upon
acceptance of the improvements by the City. These costs will be shown in future Financial Plans as
the facilities are accepted and begin to require standard maintenance. The bike path connection to
Orcutt Road will be open to the public but will be privately-maintained. The subdivider is proposing
that maintenance be the responsibility of the multi-family lot owner and that owner’s management
company. The stormwater BMPs located in the street right-of-way and the drainage basin on Lot 48
(future Parcel 7 of Parcel Map SLO 17-0115) are also proposed to be maintained by the
multi-family lot owner.
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ALTERNATIVE
Deny approval of the final map. Denying approval of the 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 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.
Attachments:
a - Vicinity Map
b - Reading File - Resolution No. 10462 (2013 Series)
c - Reading File - Tentative Map
d - Revised Phasing Line
e - Draft Final Map
f - Subdivision Agreement
g - Draft Resolution Approving Final Map
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this ______ day of ___________201___ by and
between WC Taylor Ranch, 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 3044, City of San Luis Obispo,
California, as approved by the City Council on the ____ day of ___________, 201___,
and on Parcel Map SLO 17-0115, City of San Luis Obispo, California, as approved by the
Community Development Director on the _____ day of ________________, 201___.
The Subdivider desires that said Tract 3044 and Parcel Map SLO 17-0115 be
accepted and approved as a Final Map and Parcel 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
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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. 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 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 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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No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
Setting of new survey monuments or resetting of disturbed monuments 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, and as security 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 total amount of $4,480,100 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 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.
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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 a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($2,240,050) in
accordance with State law .
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.
If off-site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the Subdivider shall exhaust all avenues available to
acquire said off-site dedication and shall provide proof that a reasonable written offer to
purchase the property at fair market value was made, in accordance with an appraisal
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conducted by an MAI appraiser. In the event the Subdivider is unable to acquire said
property, the City Council may consider lending the Subdivider its powers of condemnation
to acquire the off-site dedication, including any necessary construction, slope, and
drainage easements. The Subdivider shall pay all costs associated with such acquisition
or condemnation proceedings including but not limited to all attorney’s fees, court costs,
expert witness fees, and jury awards of any kinds. Prior to proceeding with the
condemnation process, the Subdivider shall deposit with the City all or a portion of the
anticipated costs of the condemnation proceedings, as determined by the City
Attorney. The City does not and cannot guarantee that the necessary property rights can
be acquired or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed. Without limiting the foregoing, the Subdivider shall indemnify,
defend and hold City harmless from and against any and all such claims, liabilities, and
causes of action of any kind, associated with City’s acquisition or condemnation of such
real property interests.
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.
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
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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.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
WC Taylor Ranch, LLC
a California limited liability company
BY: JPF Capital, LLC
a California limited liability company
ITS: Sole Member
BY: ______________________________
Joshua E. Peterson, President and Treasurer
CITY OF SAN LUIS OBISPO
MAYOR Heidi Harmon
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ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
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EXHIBIT 1
TRACT 3044 AND PARCEL MAP SLO 17-0115
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation security in the amount of $18,794 to
guarantee the installation of survey monuments in accordance with the approved maps and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumenation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771.
2. Park-in-lieu fees shall be paid at time of issuance of building permit per the fee schedule
listed in the most current Orcutt Area Specific Plan (OASP) Public Facilities Financing Plan
(PFFP).
3. Water and sewer impact fees shall be paid at time of building permits per the fee schedule in
effect at the time the Vesting Tentative Tract Map was approved (adjusted for CPI
increases), unless the vesting rights have expired as set forth in Government Code Section
66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in
effect at time of building permits.
4. Citywide Transportation Impact Fees shall be paid at time of building permits per the fee
schedule in effect at the time the Vesting Tentative Map was approved (adjusted for CPI
increases), unless the vesting rights have expired as set forth in Government Code Section
66498.5(b) through (d). If the vesting rights have expired, the fees shall be paid at the rate in
effect at time of building permits.
5. Orcutt Area Transportation Impact Add-On Fee shall be paid at time of building permit per
the fee schedule listed in the most current OASP PFFP in effect at time of building permits.
6. The Subdivider has submitted a bond in the amount of $454,819 guaranteeing payment to
Righetti Ranch LP for their fair share of costs of constructing an off-site water line from
Cedar to Tiburon, a water main in Ranch House Road to Sponza, a recycled water main, a
sewer main in Ranch House Road from Tiburon to Sponza, and Orcutt Road east side
improvements from Fiala Property to Garay Property, including a left turn lane at Tiburon as
shown in a reimbursement agreement with Righetti Ranch LP approved by Council
Resolution No. 10812 (2017 Series) on June 20, 2017. These improvements are a
requirement of Tract 3044 to satisfy Conditions #4, #19, and #26 of Council Resolution
No. 10462 (2013 Series). Once Righetti Ranch LP constructs the improvements and the
improvements are accepted by the City, Tract 3044 shall pay their fair share as determined
by the reimbursement agreement, which could be in excess of the bonding amount. The
$454,819 bond will be released once payment to Righetti Ranch LP is made, otherwise the
City may use the bond to fully or partially reimburse Righetti Ranch LP and the Subdivider
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will be responsible for any required reimbursement amount above and beyond the bond
amount. If Righetti Ranch LP fails to construct the improvements, then Tract 3044 shall
bond for and construct the improvements prior to occupancy. If Tract 3044 constructs the
improvements, payment to Righetti Ranch LP will not be required and the $454,819 bond
can be released.
7. The subdivider shall comply with all requirements of Council Resolution No. 10462 (2013
Series) and Director’s Resolution No. 17-12 approving the tentative maps.
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EXHIBIT 2
TRACT 3044 AND PARCEL MAP SLO 17-0115 - FEE AND BOND LIST
3725 ORCUTT ROAD
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Faithful Performance for On-Site
Subdivision Improvements
(FMAP-0978-2017)
$3,832,300
xxx xxx Can be released upon City acceptance of
improvements, deposit of one-year
warranty surety, and approval of record
drawings.
Faithful Performance for Off-Site
Improvements (Orcutt Road)
(FMAP-1385-2018)
$647,800 Can be released upon City acceptance of
improvements, deposit of one-year
warranty surety, and approval of record
drawings.
Labor & Materials for On-Site
Subdivision Improvements
$1,916,150 xxx xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Labor & Materials for Off-Site
Improvements (Orcutt Road)
$323,900 xxx xxx Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee $18,794 CD or Letter
of Credit
xxx Can be released upon verification that
monuments have been set and surveyor
has been paid.
10% Warranty To be
collected prior
to release of
Faithful
Performance
Bonds
Can be released one-year after
acceptance of improvements, if no
defects, and approval of record
drawings.
Righetti Reimbursement Agreement $454,819 xxx xxx
Fees:
Map Check Fee Tract 3044 $21,630 Check 8/30/17
Map Check Fee Parcel Map SLO 17-0115 $9,388.69 Check 5/31/18
Plan Check Fee:
On-Site Improvements
Off-Site Improvements
Total Plan Check Fee
$44,661.42
$16,585.36
$61,246.78
Check
Check
Various
8/15/18
Improvement Plan Inspection:
On-Site Improvements
Off-Site Improvements
Total Improvement Plan Inspection Fee
$127,492.82
$34,400.45
$161,893.27
Check
Check
10/16/18
8/15/18
Park In-Lieu Fee1 To be collected with building permit
Affordable Housing Requirements See Affordable Housing Agreement
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.
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R _____
RESOLUTION NO. (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3044
(3725 ORCUTT ROAD, TR 137-11)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3044, as prescribed in Resolution No. 10462 (2013 Series); and
WHEREAS, the Community Development Director approved minor corrections to the
tentative map as allowed by the City Municipal Code and California Government Code; and
WHEREAS, the subdivider has requested that the Council approve the final map for
Tract 3044; and
WHEREAS, all requirements, conditions and mitigation measures required per said
Resolution No. 10462 (2013 Series) have been completed or appropriate securities will be in place
to guarantee their completion prior to map recordation; and
WHEREAS, the subdivider will submit appropriate securities to guarantee installation of
the required subdivision improvements as shown on the approved plans prior to map recordation,
and fees will be received prior to map recordation, as prescribed in the Subdivision Agreement;
and
WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact
Report (FEIR) were approved and certified in March 2010. Consistent with Public Resources
Code § 21080.7, Council determined on October 1, 2013, that no additional environmental review
was required since the tentative map is in a urbanized area, the project involves construction of
housing that is consistent with a specific plan that has a certified EIR that was adopted not more than
five years prior, and the initial study (IS) prepared for the project identified no new impacts. Both the
2010 FEIR and subsequent IS constitute the complete environmental determination for the project;
and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3044 is found to be in substantial compliance with the
tentative map.
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SECTION 2. Approval of the draft final map for Tract 3044 shown in Attachment E of the
staff report is hereby granted with the understanding that minor changes to the final map for technical
accuracy and condition compliance may still be needed. The Public Works Director is authorized to
approve these changes and record the map when it is deemed to be complete and all conditions and
mitigation measures are complied with.
SECTION 3. The Subdivision Agreement for Tract 3044 is approved, and the Mayor is
authorized to approve minor revisions to the agreement and execute the document in a form
substantially the same as shown in Attachment F of the staff report
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 5. Environmental Review. The Orcutt Area Specific Plan and an associated
Final Environmental Impact Report (FEIR) were approved and certified in March 2010. Consistent
with Public Resources Code § 21080.7, Council determined on October 1, 2013, that no additional
environmental review was required since the tentative map is in a urbanized area, the project
involves construction of housing that is consistent with a specific plan that has a certified EIR that
was adopted not more than five years prior, and the initial study (IS) prepared for the project
identified no new impacts. Both the 2010 FEIR and subsequent IS constitute the complete
environmental determination for the project. 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.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
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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 ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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