PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 2427; SUNSET BEACH ESTATES BY RESOLUTION RECOMMENDATION: Approval by roll call vote to Consent Calendar to approve the Final Map and Subdivision Improvement Agreement for Tract 2427. EXECUTIVE SUMMARY: Tract 2427 is a 15 lot subdivision, consisting of 12 single family residences and 8 condominiums on 3 lots, with associated roadway and infrastructure improvements, as well as parkland and lateral beach access dedications. The Vesting Tentative Tract Map was reviewed by the Planning Commission and recommended for City Council approval on August 10, 2004. The owner/developer of Tract 2427 is Sunset Beach Estates, LLC. Project site improvements consist of public water, private sewer, private storm drain, a privately maintained beach access stairway with public access, and underground utilities within the subdivision. As a condition of approval, the applicant is offering Lots 22 and 23 for Open Space in fee simple and a relinquishment of rights for ingress and egress along Shell Beach Road, which the City accepting on behalf of the public. The applicant is also offering for dedication the following easements, which the City is rejecting without prejudice and may be accepted by the City after completion of the project: easement for road purposes, easements for view corridor, easements for public uses, easements for City maintenance vehicle access, easements for pedestrian and emergency vehicle access and City maintenance, and easements for waterline. The City s Planning Division, Engineering Division, and Fire Chief have reviewed the public and private improvement plans and the Final Map, and are recommending approval. The City Engineer and the Community Development Director have concluded that the owner has complied with the Conditions of Approval for Vesting Tentative Tract Map 2427, including the payment of all subdivision fees and supplying subdivision improvement bonds. A copy of the Covenants, Conditions and Restrictions for the project have been reviewed and accepted by the Engineering and Planning Divisions. Staff recommends accepting the offers of dedication as stated on the Final Map. FISCAL IMPACT: Additional fire and police protection will be necessary and demands on the existing infrastructure will be increased. These issues were addressed during the environmental review of the subdivision and mitigation measures, including payment of development fees, have been incorporated into the project. Page 1
OPTIONS: 1. By motion, adopt the resolution to approve the Final Map and Subdivision Improvement Agreement. This is the recommended option. 2. Find that the Final Map is not in substantial conformance with the approved Tentative Tract Map. Staff is unable to make this finding and therefore this option is not recommended. ATTACHMENTS: 1. Vicinity Map 2. Lot Map Tract 2427 3. Resolution 4. Subdivision Improvement Agreement Prepared by: Jamie Lipe, Engineering Technician Meeting Date: November 6, 2012 Approved by: Benjamin Fine, Interim Public Works Director/City Engineer City Manager Approval: Page 2
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Attachment 3 RESOLUTION R-2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 2427; SUNSET BEACH ESTATES WHEREAS, Sunset Beach Estates, LLC, the Owners/Developers, have submitted a signed Subdivision Improvement Agreement with the City wherein the Owner/Developers will provide certain road, water, sewer, storm drain, public utility and other improvements; and WHEREAS, the Owner/Developer has submitted Final Tract Map No. 2427 for City Council approval; and WHEREAS, the Owner/Developer is providing the City with performance security, labor and material security, and monumentation security in the form of letters of credit approved by the City Attorney assuring completion of all subdivision improvements; and WHEREAS, the Owner/Developer has been required to pay certain subdivision fees and the City Plan Check and Inspection Fee prior to City Council approval of the Final Map; and WHEREAS, the following fees have been paid; and Page 5
SUBDIVISION FEES COST SUB TOTAL Public Facilities Fee 20 units x $460 $9,200 Final Map Processing $2,970 + $330 per lot (15 lots) $7,920 Recording Fees Final Map + Reproduction CC&Rs (57 pages) Subdivision Agreement $70 $185 $41 Plan Check and Inspection $1,734,200.00 x.05 $86,710.00 Park Development (Quimby Fees) Dedication of Lots 22 & 23 fulfills requirement $0 TOTAL $104,126.00 TOTAL FEES PAID (see below) ($104,126.00) TOTAL FEES DUE FOR APPROVAL OF MAP & RECORDATION $0 Less $3,875, received 12/28/2008 (Final Map Fees) Less $42,615.20, received 2/12/2008 (Plan Check and Inspection Fees) Less $13,541, received on 10/24/12 (Final Map Fees) Less $44,094.80, received on 10/24/12 (Plan Check and Inspection Fees) SECURITY AGREEMENT Based on the approved bonding estimate of $1,729,200 for public improvements the following security in the form of surety bonds conforming to the requirements of the Municipal Code and approved by the City Attorney are required: Faithful Performance Security PIPs: $ 1,734,200 Material and Labor Payment Security PIPs: $ 867,100 Based on the approved bonding estimate of $220,464 for the construction of the stairway the following security in the form of surety bonds conforming to the requirements of the Municipal Code and approved by the City Attorney are required: Faithful Performance Security Stairway: $ 220,464 Material and Labor Payment Security Stairway: $ 110,232 Page 6
The above bonds may be combined together and submitted as the following totals: Faithful Performance Security Total: $ 1,954,664 Material and Labor Payment Security Total: $ 977,332 WHEREAS, the Public Works Director/City Engineer and the Community Development Director have reviewed the Final Map and the Improvement Plans and find them to be in substantial compliance with City Standards, the City of Pismo Beach Municipal Code, and Vesting Tentative Tract Map 2427. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approved the Final Map and the Improvement Plans for Tract 2427, and directs the Mayor to execute the Subdivision Improvement Agreement and authorizes and directs the City Manager to sign and the City Clerk to attest, seal and deliver said Tract Map to the office of the San Luis Obispo County Recorder. UPON MOTION OF Councilmember seconded by Councilmember the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6 th day of November 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members: Council Members: Council Members: Council Members: Approved: Attest: Shelly Higginbotham Mayor Elaina Cano, CMC City Clerk Page 7
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