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BACKGROUND On September 29, 2010, the Planning Commission approved Vesting Tentative Map 7981 to subdivide an approximately 0.88 acre site located on 3835 Vineyard Avenue into ten single-family townhouse lots, consistent with the PUD development plan already approved for this site. PUD-71 was approved by City Council on May 6, 2008. The property is located between Vineyard Avenue and Vine Street across from Adams Way as shown on Attachment 2. This project will develop ten single-family townhouse lots. The Engineering staff, Planning staff, and the City Attorney's Office have reviewed the Final Map and other legal documents for Tract 7981. All submittals are in substantial conformance with the PUD and Tentative Map approvals. Development fees due at the approval of Final Map and Improvement Plans have been paid and a signed Subdivision Agreement has been submitted. DISCUSSION Proposed Improvements As shown on the attached map, this development proposes a private driveway with access from Vineyard Avenue and Vine Street. This private driveway provides access to all ten lots. The developer is dedicating emergency vehicle access and a public service easement to the public (as shown on Attachment 3) for the benefit of lots 1-10 of this tract. The private driveway and all private utilities, including water and sewer will be maintained by a Homeowners' Association. All water meters will be installed behind the sidewalk on Vineyard Avenue and Vine Street. Private water laterals will serve each single family townhouse. The project developer has paid a pro rata share for future undergrounding of overhead utilities instead of undergrounding the small segment of overhead lines fronting Vineyard Avenue. Discretion to Deny the Final Map The approval of a Final Map when the Final Map substantially complies with the conditions of the Tentative Map is a mandatory, ministerial act (Government Code, Section 66474.1). Put another way, a Final Map shall be disapproved only for failure to meet conditions that were applicable at the time the Tentative Map was approved. If the Final Map is disapproved, there must be a finding identifying the conditions which were not met (Government Code, section 66473). Although approved more than five years ago, Vesting Tentative Map 7940 is still active due to numerous extensions as allowed by the Subdivision Map Act and state legislation. Page 2 of 3