09 Staff Report - The Highlands of Los Gatos0 MEETING DATE: 6/2/08
ITEM NO:
SOS cASOS COUNCIL AGENDA REPORT
DATE: May 21, 2008
TO: MAYOR AND TOWN COUNCIL r
FROM: GREG LARSON TOWN MANAGER
SUBJECT: TRACT NO. 9969 -THE HIGHLANDS OF LOS GATOS
ADOPT RESOLUTION APPROVING FINAL MAP FOR TRACT NO. 9969 -
THE HIGHLANDS OF LOS GATOS, ACCEPTING THE DEDICATIONS,
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
CONTRACT FOR PUBLIC IMPROVEMENTS.
RECOMMENDATION:
Adopt resolution approving the Final Map for Tract No. 9969 - The Highlands of Los Gatos,
accepting the dedications, and authorizing the Town Manager to execute the contract for public
improvements.
BACKGROUND:
The Town Council approved Planned Development Application PD-04-3 on December 19, 2005
allowing 19 new single family lots, over 42 acres of public open space, and new public trails.
The Town Development Review Committee approved tentative map Application M-06-5 on July
11, 2006.
DISCUSSION:
Tract No. 9969 subdivides three existing parcels totaling 66 acres into 19 single family lots,
creates approximately three quarters of a mile of new public street, privates streets, public trails,
and open space parcels and easements. The developer, The Highlands of Los Gatos, LLC, has
provided all necessary maps and drawings, contracts, bonds, and liability insurance. The
developer has paid the appropriate fees to fully comply with the previously imposed
development conditions and Town ordinances.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAIENGINEERINGTOUNCIL REPORTSUract 9969--Approve Final Map.6208.doc
Reviewed by:V-)N Assistant Town Manager Town Attorney
Clerk Administrator~Finance ommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO. 9969 - THE HIGHLANDS OF LOS GATOS
June 2, 2008
The developer has constructed the infrastructure improvements required to serve the project.
These improvements include curb, gutter, paved roadways, water, sanitary sewer, storm sewer,
power, phone, gas, retaining walls, and site grading and geotechnical mitigation work. Bond
amounts have been reduced to ninety percent of the construction amount to reflect the ten
percent retention required by a standard Town contract.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA) but
is ministerial, therefore no further action is required under CEQA.
FISCAL IMPACT:
The developer, The Highlands of Los Gatos, LLC, has paid the following map related fees:
1. Tract Map Checking Fee 12,740.00
2. NPDES Compliance Fee 9,120.00
3. Microfilming fee 25.00
Additional non-map related fees paid include:
I.
Engineering Plan Check fee
$15,929.60
2.
Engineering Inspection fee
20,362.00
3.
Road Impact Fee
2,590.00
4.
NPDES Inspection Fee
50.00
5.
Microfilming Fee
50.00
6.
Computer Service Fee
1,451.66
Additionally, a traffic impact mitigation fee will be due for each new house. The Traffic Impact
Mitigation fee is currently $5,742 per single family dwelling. These fees are due at the time of
occupancy per State statutes.
Altanhmi-mN,
Resolution Approving Final Map for Tract No. 9969 The Higllands of Los Gatos
Distribution
The Highlands of Los Gatos, LLC 3001 Winchester Boulevard - #8, Campbell, CA, 95008
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING FINAL MAP OF TRACT NO. 9969 - THE HIGHLANDS OF LOS GATOS
ACCEPTING THE DEDICATIONS AND
AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT
WHEREAS, on December 19, 2005 the Los Gatos Town Council approved Planned
Development application PD-04-3 and on July 11, 2006 the Development Review Committee of
the Town of Los Gatos approved Tentative Map application M-06-5 with conditions; and
WHEREAS, those conditions required the Owner or Subdivider to do the following:
That prior to the delivery of said Map to the Owner of said subdivision, and prior to its
recordation, the Owner or Subdivider of said subdivision shall enter into and execute an
agreement between the Town of Los Gatos and the said Owner or Subdivider on that
certain proposed subdivision agreement ("Agreement") on file in the Office of the Town
Clerk, entitled, "Contract for the Improvement of Tract No. 9969 - The Highlands of Los
Gatos", wherein the Owner or Subdivider in consideration of the approval of said Map by
the Town and acceptance by the Town of the dedication of lands for public use therein
contained, shall agree to construct and complete, within the time specified in said
agreement, all street and other improvements required of Owner or Subdivider under the
provisions in Chapter 27 of the Code of the Town of Los Gatos, and such other street,
sewer, or other improvements designated or mentioned in the Agreement and/or and as
specified in the Plans and Specifications for Tract No. 9969 - The Highlands of Los
Gatos.
2. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk cash, or a good and sufficient bond in form to be approved by
the Town Attorney, securing the faithful performance by said Owner or Subdivider of all
work, and the construction of all improvements herein in the Agreement and within the
time herein specified, the amount of cash or said bond to be Thirty Six Thousand Eight
Hundred and 001100 Dollars ($36,800.00).
3. That said Owner or Subdivider shall, before the release of said Final Map to Owner of
Record, and as a condition precedent to the recordation thereof, furnish to the Town and
file with the Town Clerk certificates or policies of public liability and property damage
insurance in form satisfactory to the Town Attorney, providing public liability insurance
in the amount of Five Hundred Thousand ($500,000.00) Dollars for each person, and One
Million ($1,000,000.00) Dollars for each accident or occurrence, and property damage
coverage of Two Hundred Thousand ($200,000.00) Dollars whereby the Town of Los
Gatos, and in their capacity as such, its Council members, officers, boards, commissions,
and its employees will be insured, indemnified, and held harmless from any and all
claims of any kind or nature arising or resulting from the construction of said
improvements or other work of subdividing within or outside the said subdivision, and/or
arising or resulting from or concerning the doing or failing to do so by said Owner or
Subdivider of all things required to be done in the Agreement between said Owner or
Subdivider and the Town of Los Gatos.
WHEREAS, the Owner or Subdivider has complied with the conditions of Tentative
Map Application M-06-5.
NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 9969
- The highlands of Los Gatos in the Town of Los Gatos, dated March 2008, and prepared by
Dunbar and Craig Professional Land Surveyors for approval by the Town Engineer of the Town
of Los Gatos, is hereby approved; the Town Manager is hereby authorized to execute the
Agreement with the Subdivider and all offers of land for public use therein made on said Map
are hereby accepted.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd
day of June, 2008 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA