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HomeMy WebLinkAboutBasin A Letter 10-13-22 2505 Alluvial Avenue ·· Clovis, CA 93611 ·· t (559) 432-8181 ·· www.wchomes.com License #1035148 ·· Broker License #02055906 October 13, 2022 Sent Via Email: Katie Pozzi Christopher Heylman San Luis Obispo, CA 93401 Sent Via Email: Niki Rarig Zachary Peterson San Luis Obispo, CA 93401 RE: Avila Ranch and Park A. Dear Ms. Pozzi, Mr. Heylman, Ms. Rarig and Mr. Peterson: This letter is in response to your October 8, 2022, email correspondence in which you expressed concern regarding the condition of Park A and the basin located adjacent to your recently purchased homes in Avila Ranch. While we (Avila Ranch Developers, Inc., doing business as Wathen Castanos Homes) are delighted that you are among the first homeowners in Avila Ranch, we take seriously your concern about the condition of the park and basin adjacent to your homes. On September 1, 2022, I spoke directly with your real estate agent, Jed Damschroder, regarding the park and basin and your concerns regarding its condition and your expectations. In that call we discussed the park’s and basin’s current condition, the circumstances we have encountered with pervasive ground water, and our plans for the future development of the park and basin. At the conclusion of our conversation, it appeared that Mr. Damschroder was satisfied with our response and where Avila Ranch was heading. Notwithstanding my conversation with Mr. Damschroder, let me take this opportunity to explain the circumstances with what Avila Ranch describes as “Basin A.” As discussed in Section 37 of the General Subdivision Disclosures, Avila Ranch includes a fully integrated on-site storm water management system as shown and described in the Plans and Specifications approved and maintained by the City. The Storm Water System is designed to minimize runoff and pollutants in runoff and to provide a permanent storm water drainage system to control, manage, retain, treat, infiltrate, and dispose of (1) on-site storm drainage for Avila Ranch and (2) ancillary street and site drainage from the adjoining street and sites, as stipulated in the Plans and in the Private Stormwater Operations and Maintenance Manual on file at the City. As illustrated in Plans and Specifications, and the Manual, the 2 Storm Water System includes a number of ponding basins designed to collect, filter and temporarily store storm water. In a perfect world, the storm water collected in these basins is supposed to percolate into the soil below; and, in the case of Basin A, once the water reaches a certain level, the filtered storm water is discharged into Tank Farm Creek. The Storm Water System and the discharge of storm water into the Creek is heavily regulated by both the City and the Regional Water Control Board. Any modifications to the System must comply with all regulations and be approved by both the City and the Board. As we developed Avila Ranch, we discovered that a significant amount of ground water, even in dry years, that percolates and drains to Basin A. We also learned that the ground water level is relatively high (located not far beneath the surface of the soil); and, that a layer of clay exists between the bottom of Basin A and the ground water table. This clay layer prevents the intended percolation of both storm water and surface water. As we told Mr. Damschroder, we have been working for months trying to resolve this situation. We have been working with a team of consultants who specialize in storm water management, including but not limited to discharging of such water into the Creek. To say it is a complicated situation would be an understatement. Additionally, we have been regularly pumping Basin A to remove as much of the groundwater as possible. We acknowledge that the condition of Basin A has been unsightly and are making a concerted effort to remove trash, debris, and pond scum on a daily basis. Although a basin within the System, Basin A is to be landscaped, similarly to other basins within Avila Ranch. Initially, we did not anticipate any water to be retained in Basin A, except during storm event, and ultimately a landscaped Basin A would function as part of Park A. However, as noted above, the ground water condition has changed that expectation. Now, because it appears that the basins will continue to hold some water year-round, we are installing a 42” wrought iron fence around each of the basins, including Basin A, for safety purposes. Basin A will continue to be landscaped, but access to this portion of Park A will be limited, if not entirely excluded. Attached to your email were five (5) illustrations intended by you to illustrate that Park A was intended to be a large grass field. I’ve included and numbered those illustrations below. Admittedly, Illustrations Nos. 1 and 2 have been used by Avila Ranch in the marketing of the community but Illustrations Nos. 3, 4 and 5 are not Avila Ranch documents, were not prepared by or on behalf of Wathen Castanos and have not been utilized by or on behalf of Wathen Castanos Homes in the marketing of the project. With respect to Illustrations Nos. 1 and 2 the Illustrations are an artist’s rendering generally depicting what is described as park space; and second, those illustrations were placed on the Avila Ranch webpage which was not operative until July 2022, after you entered contracts to purchase your home at Avila Ranch. 3 Illustration No. 1: Illustration No. 2. Neither Illustration provides any level of detail to show, illustrate, or highlight any of the amenities or improvements in the parks. Furthermore, with respect to Illustration No. 1, the following disclaimer was included in the brochure which included this illustration: 4 Images are representational only and may differ from homes as constructed. Square footages are approximate. Seller makes no representations or warranties that the view from the property will remain the same. Future development changes to and growth of landscaping and the like may impact any current views from the property. Homes are constructed and marketed by WCP Developers LLC (CA Contractor License #1035148) and real estate sales brokered by WCP Real Estate, Inc. (CA DRE License #02055906), on behalf of Avila Ranch Developers, Inc., a California corporation. ©2022 Wathen Castanos Homes. All rights reserved. Equal Housing Opportunity. With respect to Illustration No. 2, the following disclaimer, in relevant part, was and is included with reference to Avila Ranch and Maps and Illustrations provided on the website: ACCEPTANCE OF TERMS OF USE. . . . Please carefully read the following terms of use (“Terms of Use”) for this Website before accessing the Website. The Company may amend these Terms of Use at any time without notice to you, provided, however, the most recent form of these Terms of Use will be posted on the Website at all times. Your access of the Website shall constitute your agreement to the most recent form of these Terms of Use. If you do not agree with these Terms of Use, we request that you immediately close your browser and terminate your access to the Website. ACCURACY OF INFORMATION Company is not responsible if information made available on this Website is not accurate, complete or current. The material provided on this Website is for general information only. You agree that any reliance on the information contained on this Website is at your own risk. The Website and any website links within the Website do not constitute an offer or solicitation to sell real property. 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The Company assumes no responsibility for any errors or omissions in the Website content or on any third party sites. The Company shall not be liable for any damages resulting from your use of, or reliance upon, the Website or any content contained therein. MAPS AND DEVELOPMENT PLANS FOR THE COMPANY’S COMMUNITIES All maps on this Website are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for the Company’s 5 communities. Artist’s renderings, photos, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. No guarantee is made that the facilities and features depicted within a certain community will be constructed, or that if constructed, the number, type, size and location will be as depicted. The Company does not guarantee the current or future use of lands outside the boundaries of current communities. With respect to Illustrations Nos. 3, 4 and 5, as mentioned above, these illustrations were not prepared by Wathen Castanos, nor used by Wathen Castanos Homes in the sales or marketing of the project. It appears that these illustrations were taken from entitlement documents, presumably maintained on the City San Luis Obispo’s webpage. Avila Ranch did not entitle the project and did not own the project or property in 2017, the date of these documents. Illustration No. 3. 6 Illustration No. 4 Illustration No. 5. We can assure you that Wathen Castanos Homes is actively working to resolve the issue of standing water in Basin A. We are diligently working to complete the landscaping around Basin A. A landscaping plan 7 has been developed, subject to City approval. Plants have been delivered to the site to be installed at Basin A. We continue to pump Basin A to remove as much groundwater and standing water, as possible. We continue to work creatively to solve the continuous percolation of groundwater into Basin A. Nevertheless, at this time, it appears that Basin A will continue to have some water, year-round. We understand your frustration and we hope you can understand ours. Wathen Castanos purchased the Avila Ranch project fully entitled and is having to work with a certain amount of engineering that was prepared for those entitlements. It does not seem that in engineering the Storm Water System anyone anticipated the percolation of groundwater in this fashion. We appreciate your patience and hope this letter has more accurately articulated the situation with respect to Park A and Basin A. Sincerely, Adrienne Burns Vice President of Land Development and Forward Planning cc: Joshua E. Peterson, President Brandy Tschappler, Vice President of Sales Michael P. Slater, General Counsel