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11 Staff Report - 15344 National AvenueS0% H OF ~~S 0 AYES DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT MAY 20, 2008 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 612/08 ITEM NO: TRACT NO. 9996 - 15344 NATIONAL AVENUE ADOPT RESOLUTION APPROVING FINAL MAP FOR TRACT NO. 9996 - 15344 NATIONAL AVENUE, 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. 9996 - 15344 National Avenue, accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements. BACKGROUND: The Town Planning Commission approved subdivision application M-07-142 on January 9, 2008, allowing creation of seven (7) new lots and a new public cul-de-sac. DISCUSSION: Tract No. 9996 subdivides an existing 1.8-acre parcel in seven single family lots. The developer, LG National, LLC, has provided all necessary maps and drawings, in addition to contracts, bonds, and liability insurance. The developer has paid the appropriate fees to fully comply with the previously imposed development conditions and Town ordinances. The developer is required to dedicate property to provide a half street right-of-way width of 26- feet along the Drakes Bay Avenue frontage. This dedication eliminates the last private portion of Drakes Bay Avenue. Right-of-way for the new cul-de-sac will also be dedicated to the Town. The total project right-of-way dedication is 0.46-acres. PREPARED BY: KEVIN ROHANI All Interim Director of Parks and Public Works C:IDOCUME-INMSPERA-t.LOS(LOCALS-IITcmpWgrpwisOTract 9996--Approve Final Map.6208.doe Reviewed by: ST A"-Assistant Town Manager Town Attorney T Fry mmunity Development Clerk Administrator Oo- PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: TRACT NO. 9996 -15344 NATIONAL AVENUE) MAY 20, 2008 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 developers, LG National, LLC, have paid the following fees: 1. Tract Map Checking fee $ 6,250.00 2. Computer Service fee 250.00 3. Microfilming fee 27.50 4. Storm Drainage fee (Basin 1) 6,592.00 The following fees will be paid subsequent to map recordation and prior to issuance of a Grading Permit: 1. Engineering Plan Check fee $7,050.00 2. Engineering Inspection fee 9,262.00 3. Road Impact Fee 2,590.00 4. NPDES Inspection Fee 50.00 5. Microfilming Fee... 27.00 6. Computer Service Fee 652.00 Additionally, a traffic impact mitigation fee will be due at the time of occupancy of each home. 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. Attachments: Resolution Approving Final Map for Tract No. 9996 - 15344 National Avenue Distribution LG National, LLC, 890-A Santa Cruz Avenue, Menlo Park, CA 94025 Joe Colonna, via e-mail jmc@covad.net RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 9996 -15344 NATIONAL AVENUE ACCEPTING THE DEDICATIONS AND AUTHORIZING THE TOWN MANAGER TO SIGN THE CONTRACT WHEREAS, on January 9, 2008, the Planning Commission of the Town of Los Gatos approved the Tentative Map Application M-07-142, with conditions; and WHEREAS, those conditions required the Owner or Subdivider to do the following: 1. 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. 9996 - 15344 National Avenue", 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. 9996 - 15344 National Avenue. 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 One Hundred Forty Five Thousand Two Hundred Fifty and 00/100 Dollars ($145,250.00). 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-07-142. NOW, THEREFORE, IT IS RESOLVED that the certain Final Map of Tract No. 9996 - 15344 National Avenue in the Town of Los Gatos, dated May 2008, and prepared by BKF Engineers 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