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HomeMy WebLinkAboutItem 5e. Partial Acceptance of Public Improvements, Righetti Ranch Phase 3 Item 5e Department: Public Works Cost Center: 4003 For Agenda of: 2/21/2023 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Brian Rodriguez, Senior Civil Engineer SUBJECT: PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3063 RIGHETTI RANCH PHASE 3 IN THE ORCUTT AREA SPECIFIC PLAN (OASP) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the Public Improvements and certifying completion of the Private Improvements for Tract 3063 Righetti Ranch Phase 3 (3987 Orcutt Road),” releasing the securities for the completed portions, and authorizing the Director of Public Works to accept the remaining improvements and to release the remaining securities once the improvements are deemed complete. POLICY CONTEXT The City Council accepts public improvements and certifies completion of private improvements in accordance with the Subdivision Map Act (66499) and the City’s Subdivision Regulations (16.20.210). The decision to accept public improvements is ministerial on the part of the City and is a required step once inspections have determined that the permitted infrastructure was installed per approved plans. DISCUSSION Background Tract 3063 Righetti Ranch Phase 3 within The Orcutt Area Specific Plan (OASP) (Attachment B) contains private and public improvements which are either now complete or nearing completion. Tract 3063-3 (Phase 3 of the Righetti Ranch Subdivision) consists of the creation of 39 lots consisting of: 1. 34 single family lots 2. 1 private streets lot 3. 1 public park lot 4. 2 public open space lots 5. 1 private open space lot Page 35 of 463 Item 5e Partial Acceptance of Public Improvements This action by Council partially accepts completed public improvements, a common practice with the direction to the Public Works Director to finalize acceptance of the remaining public improvements identified in the next section below. Work that has been completed for partial acceptance in Phase 3 include the following: 1. Curb, gutters and sidewalks 2. Street base and surfacing 3. Water mains and including water services to the curb stop. Phase 3 bond reduction will consider the list below of other deferred improvements that have been completed or nearing completion in Phase 3 that connect to and were part of Phases 1 & 2. 1. Tank Farm Road Frontage Improvements (from construction Phase 1 & 2) Tank Farm Road improvements completed with Phase 3 include final landscape in the medians and parkways between curb and sidewalk. 2. Orcutt Road Frontage Improvements Improvements on Orcutt Road from Tiburon Way to the northernly limits of Tank Farm Road Roundabout have been completed except for landscaping in bioswale/bioretention areas. 3. Tank Farm/Orcutt Intersection Improvements (City Capital Improvement Project) The City took the lead with the design and construction of the Tank Farm and Orcutt Road roundabout. The new roundabout has been installed at the intersection of Orcutt and Tank Farm Roads that tied into these subdivision improvements. A map showing the locations of these new public and private street improvements is included as Attachment C. This project is complete. 4. Bicycle and Pedestrian Access A pedestrian/bike path connects the private streets in Phase 3 with Tract 3063 Phase 1 and Phase 2 neighborhoods. This section has not been completed and developer is still working on these improvements. The City is guaranteed the completion of the connected bike path between the 3 Phases via the subdivision improvement bonds. The other OASP neighborhoods currently under construction and/or permitting will provide additional bike and pedestrian connectivity to the northerly OASP limits Partial Certification of Private Subdivision Improvements New private streets including Parsons Way, Box Spring Road, and Hansen Lane along with their associated private improvements have been partially completed (Condition #7). These improvements include; 1. Street base and surfacing 2. Curb, gutters and sidewalks 3. Driveways 4. Sewer mains including sewer laterals to the property line Page 36 of 463 Item 5e 5. Landscaping 6. Drainage facilities on site and offsite along Orcutt Rd 7. Streetlights 8. Dry Utilities which include electric, telephone and cable television stubs to properties 9. All Private Improvements shown on the plans or required by project approvals Authorizing the Public Works Director to Accept Remaining Improvements and Release Remaining Securities In accordance with Section 66499.7 of the Government Code of the State of California the City Council may authorize any of its public officers or employees to authorize release or reduction of the security. Previous council actions have delegated this authority to the Public Works Director. On behalf of the City Council, the draft resolution authorizes the Public Works Director to accept the remaining public improvements and certify completion of the private improvements once they are deemed complete and to reduce/release the remaining securities. Per the subdivision agreement and Subdivision Map Act once all work is deemed complete, the City will release all but 10% of the improvement security for any required guarantee and warranty period of one year following the completion and acceptance. This amount is retained in case remedy to any defects in the improvements arise within the warranty period. Releasing Securities for Completed Improvements The draft resolution includes the City Council acceptance and certified completion of a portion of the required public and private improvements and reduces the securities for the work that is completed. The remaining improvements and securities will not be released until the subdivision improvements are complete and authorized by the Public Works Director. Previous Council Actions The Tentative Subdivision Map for Tract 3063 (Righetti Ranch) was approved by City Council on May 19, 2015, by Resolution No. 10619 (2015 Series). Amendments to Mitigation Measures and Conditions of Approval was approved by City Council on February 6, 2018, by Resolution No. 10861 (2018 Series). The Final Map of Tract 3063- Phase 3 (Phase 3 of Righetti Ranch) was approved by City Council on the 21st day of January 2020, by Resolution No. 11080 (2020 Series). Subdivision Agreement of Tract 3063 – Phase 3 dated 22nd day of June 2022. Public Engagement Public Engagement was completed with the approval of the Tentative Map and the development of the Orcutt Area Specific Plan. Page 37 of 463 Item 5e CONCURRENCE The Public Works Director and the Utilities Director concur with the recommended actions. ENVIRONMENTAL REVIEW There is no environmental review associated with the acceptance of these improvem ents. Prior Environmental review consisted of the review of the Orcutt Area Specific Plan (OASP) and its Final Environmental Impact Report (FEIR) in March 2010. Subsequent environmental review included the Vesting Tentative Tract Maps, which tiered off the 2010 FEIR, and were analyzed in project-specific Initial Study/Mitigated Negative Declarations. FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A State Federal Fees Other: Total Typical maintenance and operation of newly accepted public facilities will be required for the street and utility improvements. Increasing the maintenance budget for the small, incremental increase in infrastructure to be maintained does not occur with the acceptance of public facilities. The maintenance budget for the improvements is evaluated and adjusted as needed with the City’s adoption of its two-year financial plan. Council action accepting these improvements, however, itself does not have an associated budget increase. ALTERNATIVE Continue consideration of the request. Limited alternatives exist only regarding the timing of the acceptance of these improvements. Ultimately, acceptance of the public improvements is required in accordance with the OASP, Tentative Map approvals, Department of Real Estate process assumptions, and Homeowners Association CC&R’s. Page 38 of 463 Item 5e ATTACHMENTS A - Draft Resolution adopting Righetti Ranch Phase 3 Acceptance, Tract 3063 -3 B - Vicinity Map – Tract 3063 Phase 3 Acceptance Limits C - Site Map – Tract 3063 Phase 3 Improvements Page 39 of 463 Page 40 of 463 R _____ RESOLUTION NO. _____ (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT 3063 RIGHETTI RANCH PHASE 3 (3987 ORCUTT ROAD) WHEREAS, the City Council made certain findings concerning Tract 3063, as prescribed in Resolution No. 10619 (2015 Series); and WHEREAS, the City Council approved the final map for Tract 3603 Phase 3 per Resolution No. 11080 (2020 Series); and WHEREAS, the subdivider has satisfactorily completed a portion of the required Phase 3 public improvements in accordance with City standards, specifications, and the subdivision agreement; and has requested that the City accept of these public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has satisfactorily completed a portion of the Phase 3 private improvements in accordance with City standards, specifications and the approved plans, and has requested that the City certify completion of these private improvements; and WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion of the remaining Phase 3 subdivision improvements as shown on the approved plans. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the improvements for Orcutt Road from the Tank Farm Road Roundabout to the northernly limits of Tract 3063 Phase 3 and the previously completed and accepted Orcutt Road improvements and the public water main improvements in Tract 3063 Phase 3. SECTION 2. The City Council certifies completion of the Tract 3063 Phase 3 private Orcutt Road improvements within the limits described above. SECTION 3. The Faithful Performance securities guaranteeing completion of the on-site and off-site public improvements and remaining private improvements may be reduced to the approval of the City Engineer upon submittal of the following items: 1. Progress record drawings for the completed improvements; and 2. Completion of remaining public and private subdivision improvements; and 3. Certification by the Engineer of Record for the completion of the public and private improvements. Page 41 of 463 Resolution No. ________ (2023 Series) Page 2 R _____ SECTION 4. The corresponding Labor & Materials security may be released after 90 days from the date of acceptance of the improvements or 60 days after the recordation of a notice of completion in accordance with Section 66499.7(h) of the California Government Code. SECTION 5. The Director of Public Works is hereby authorized to accept the remaining Phase 3 public improvements and to release the remaining Phase 3 securities on behalf of the City Council once the work is completed to the satisfaction of the City Engineer. SECTION 6. The security guaranteeing the workmanship and materials may be released by the Director of Public Works upon the successful completion of the 12-month warranty time period from the date of acceptance of the improvements. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2023. ____________________________ Mayor Erica A. Stewart ATTEST: _________________________ Teresa Purrington, City Clerk 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, on ______________________. ____________________________ Teresa Purrington, City Clerk Page 42 of 463 RIGHETTI RANCH TRACT 3063 PHASE 3 Page 43 of 463 Page 44 of 463 RIGHETTI RANCH TRACT 3063 PHASE 3 PRIVATE AND PUBLIC IMPROVEMENTS SITE MAP Page 45 of 463 Page 46 of 463