HomeMy WebLinkAbout06/07/1994, C-8 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1360 (UNIT 3), A 48-LOT RESIDENTIAL SUBDIVISION AT 4600 POINSETTIA ST. (MID-COAST LAND CO., SUBDIVIDER). I��HII�RIIIINIIIIIIIIIillulll "J f MEETING DATE:
C� o san pais o6ispo June 7, 1994
COUNCIL AGENDA REPORT ITEM NUMBERL2 Q
FROM:
Michael D. McCluskey, Public Works Director
PREPARED BY:
Gerald W. Kenny, Supervising Civil Engineer /�' `
SUBJECT:
Acceptance of Public Improvements for Tract No. 1360 (Unit 3), a 48-Lot Residential
Subdivision at 4600 Poinsettia St. (Mid-Coast Land Co., Subdivider).
CAO RECOMMENDATION:
Adopt Resolution accepting the public improvements for Tract No. 1360 (Unit 3) in
accordance with the subdivision agreement.
DISCUSSION:
The final map was approved on September 21, 1993 per Resolution No. 8217 (1993 Series) subject
to an agreement and bonds to guarantee installation of the subdivision improvements. The
subdivider has completed the subdivision improvements required per Resolution No. 6484 (1988
Series) and has asked for acceptance by the City of the public improvements.
The subdivision improvements include typical street and frontage improvements,utilities,lot grading,
the Homeowners Association maintained emergency access roadway/railroad buffer and the
extension of a public passive park (creekway), in accordance with the Edna-Islay Specific Plan
(EISP). The City owns Lot F(passive park) and is therefore responsible to maintain the landscaping
and related equipment and that portion of the creek and railroad access road within Lot F.
Certain phased improvements to French Park were also conditions of this subdivision under a
development agreement. Those improvments have also been completed.
In addition, an offsite 16-inch watermain was installed westerly of Broad St. (at Hopkins Lane)
connecting to the Edna Saddle Water Tank per the EISP and a tract condition.
CONCURRENCES:
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action.
����n�►�H��IIIII���I ����N city of san tui s oBi spo
Ofto COUNCIL AGENDA REPORT
Final Acceptance - Tract 1360 (Unit 3)
Meeting of June 7, 1994
Page Two
FISCAL IMPACT:
Typical maintenance of streets, sewer and water mains, landscaped passive park and access road
(within the City-owned Lot F) will be required.
Attachments:
1 - Draft resolution
2 - Maps
3 - Final Acceptance checklist
4 - Subdivision agreement
5 - Resolution No. 6484 (1988 Series)
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RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 1360 (UNIT 3)
LOCATED SOUTHEASTERLY OF POINSETTIA ST. AND GOLDENROD LANE
(Mid-Coast Land Co., Subdivider)
WHEREAS, the City Council made certain findings concerning Tract No. 1360 (Unit
3) as contained in Resolution No. 6484 (1988 Series), and
WHEREAS, all conditions required per said resolution have been satisfactorily met,
and
WHEREAS, all public improvements have been constructed to City standards and
specifications.
NOW THEREFORE BE IT RESOLVED that the public improvements for Tract No.
1360 (Unit 3) are hereby accepted for maintenance by the City of San Luis Obispo.
On motion of . seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 1994.
Mayor Peg Pinard
City Clerk Diane Gladwell
r r r r r r r
APPROVED:
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city of Sar -JIS OBispo
- s FINAL ACCEPTANCE CHECKLIST
PROJECT NAME Tract 1360 - Phase III, Edna Area
A 48-lot single family tract on Poinsettia Street
DESCRIPTION (with homes built by Subdivider)
MAP NUMBER Tr 1360-III SPECIFIC PLAN Edna-Islay REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
d DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting & retaining walls S`-124' [pis 4fo to be AwJ tar;
2 STORM DRAINS & DRAINAGF STRUCTURES installed 15D, 'T--/z-7f
3 SEWERS & SERVICES installed and tested 2-9
4 WATERLINES & SERVICES installed and tested R P 6--/2
5 FIRE HYDRANTS installed and tested Q. -c--m-9911
6 CONCRETE installed and approved (2 P S'-/2 .7y 1
Curbs and Gutters -/2-?f
Sidewalks t2 P 6'-12-—?
Driveways -(?
7 STREET & PAVING installed and approved 9P g-(Z
Properly installed and sealed R S' Z-�ffL
Cleaned C_/2
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.& E. -- Final letter received
Street lights installed, operating, letter sent
Cable TV -- Final letter received ,J �; �,:' •-
Telephone Co.-- Final letter received
Gas Company -- Final letter received -✓
9 AS-BUILT PLANS received and approved -i'; y:%✓
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete -0/ 512o:`94
13 STREET TREES p -
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited
16 XMM Deposit Account Status V I /vh
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
I8 PLANNING COIIJ41SSION p
19 ARCHITECTURAL REVIEW COMMISSION "I
20 CITY COUNCIL
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL
w 0XV-5
481 PUBLIC SGRUTric APPROVAL
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this o a day of - DCI by and
between Mid-Coast Land Co. . Inc. herein referred to as
"Subdivider, " and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City. "
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision
of real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, a description of which is shown on the
final map of Tract 1360 (Unit III) , City of San Luis Obispo,
California, as approved by the City Council on the day of
The Subdivider desires that said Tract 1360 (Unit III) be
accepted and approved as a final map pursuant to the Subdivision
Regulations of the City of .San Luis Obispo (Title 17 of the San
Luis Obispo Municipal Cod) ,and
It is a condition of said regulations that the Subdivider agree
to install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision
improvements in accordance with said subdivision regulations, and
in accordance with approved plans and specifications on file in the
office of the City Engineer, City of San Luis Obispo, to wit:
1
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3 . WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4 . DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to
the inspection and approval of such facilities by the City,
each public utility shall be required to file a letter stating
that the developer has properly installed all facilities to be
provided by him, and that the said utility is prepared to
provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required. by City
regulations.
All of the above facilities shall be installed in the locations
designated and to the plans and specifications on file and approved
by said. City Engineer.
The lines and grades for all of said improvements shall be
established by or under the direction of the Subdivider's Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide was-builtw or record plans to the City at the , end of
construction, prior to release of bond or acceptance of the
Improvements. The Subdivider agrees to include the cost of this
work in the contract for the design work with the project engineer,
and shall advise the Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing within ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
2
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed
within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion
of said work is delayed by acts of God or labor disputes resulting
in strike action, the Subdivider shall have an additional period of
time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this
agreement. In this connection, the surety waives the provisions of
Section 2819 of the Civil Code of the State of California.
No building .permits will be issued nor occupancy granted after
the expiration date of the agreement until completion and
acceptance of all public improvements unless specifically approved
by the City.
The Subdivider does also agree to comply with the conditions
established by the Planning Commission and/or the City Council and
has paid the necessary fees as indicated on the attached Exhibits
1 and 2.
The restoration of lost section corners and retracement of
section lines. within the Subdivision shall be in accordance with
Article. 5, paragraph 8771 et seq. , of the Professional Land
3
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
The Subdivider attaches hereto, as an integral part hereof, and
as security for the performance of this agreement, an instrument of
credit or bond approved by and in favor of the City of San Luis
Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of
$490,000. 00, which is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or
defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections
66499.7 and 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City
will release all but 10% of the improvement security, that amount
being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the
date which the City Council shall, by resolution duly passed and
adopted, accept said improvements according to said plans and
specifications, and any approved modifications thereto. Neither
periodic nor progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any
breach of this agreement.
4
If the Subdivider fails to complete the work within the
prescribed time, the Subdivider agrees that City may, at its
option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense
thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and
materials bond in the amount of 50% of the above described
subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $11, 670. 00, from which the
City will pay the salary and expenses of an inspector or inspectors
to inspect the installation of said. subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
The Subdivider shall provide and install all street name signs,
traffic control signs and striping per City and State regulations.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision, " all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
interpreting and defining the obligations of the Subdivider under
this agreement.
5
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
executors, administrators, successors and assigns of the respective
Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Mid-Coast Land Company, Inc.
Secretary
MAYOR eg Pinardym &
e
/ xec.Vice Pres .
'title
ATTEST:
T CLERK iane Gladwell
APPROVED AS TO FORM:
i Atney
by
6
L111-f-/�_
July 20, 1993
EXHIBIT 1
TRACT 1360 - UNIT III
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4, 525.00 to cover the installation of survey
monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon
receipt by the City of a letter from the Engineer indicating
they have completed the work and have been paid.
2. The Subdivider shall inform lot buyers of the possibility of
building permit delay based on City's water shortage per
Condition 28 of Resolution No. 6484 (1988 Series) .
3. Park-in-lieu fees are not required for Tract 1360 (Unit 3)
since a park was dedicated in Tract 1235, which also fulfilled
park dedication requirements for this tract.
4. The development of the subdivision must be in accordance with
the Edna-Islay Specific Plan, per Condition 2 of Resolution No.
6484 (1988 Series) .
5. Subdivider shall provide for payment of $750.00 to the City
through escrow for each dwelling unit as a park development
fee. These payments are payable prior to occupancy releases or
property transfers in lieu of filing liens as prescribed in
Condition 13 of Resolution No. 6484 (1988 Series) . Terms and
conditions of escrow to be in a form and content satisfactory
to the City Attorney.
6. Water acreage and sewer lift station fees were paid per
Condition 15 of Resolution No. 6484 (1988 Series) as noted in
Exhibit 2.
7. Subdivider shall improve with erosion protection an all-weather
access road and noise barrier zone adjacent to the railroad
right-of-way, and make provisions for the Homeowner's
Association to maintain it upon final approval by city.
8. The Subdivider has paid for design of restroom and community
building for park improvements for E.A. French Park per the
approved phasing plan for Park Phase 5 (Tract 1360 - Phase
III) . ($11,400. 00 x 149.5/121.7 = $14, 000 updated per CP.I. )
Payment of this relieves the Subdivider of any further
responsibility for this building design.
7
RESOLUTION NO. 64 E4 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 1360
LOCATED AT 4400 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION I. Findings. That this council, after consideration of the vesting
tentative map of Tract 1360 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings.
1. •The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for the Edna Islay area.
2. The site is physically suited for the type and density of development allowed in an
R-1-SP zone.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
casements for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision is
substantially in compliance with the Edna Islay Specific Plan and that an
environmental impact report was certified for the specific plan, and no further
environmental study is needed.
SECTION 2 Conditions. That the approval of the vesting tentative map for Tract
1360 be subject to the following conditions:
1. Multiple final maps may be filed.
✓2 Development of the subdivision must be in accordance with the Edna-Islay Specific
'. Plan.
3. Fire protection facilities required by the fire department are to be installed by the
l-3 developer. Such facilities, including all access roads, shall be installed and made
serviceable prior to and during the time of building construction.
�.�. 4. All structures will require an approved, automatic fire-sprinkier system, to the
satisfaction of the Fire Department
.L 5. Recontoured banks of the creek will be revegetatcd with indigenous plant species that
are drought_rsistant, require minimal maintenance and that are suitable for wildlife
in the area.
Resolution No. 6484 (1988 Series)
Tract 1360
Page 2
6. Bicycle/pedestrian paths shall be designed in accordance with the Edna-Islay Specific
! 3 Plan, to the approval of the Community Development Director.
' 7. Access points to the creek shall be located and.improved to the satisfaction of the
" Z Community Development Director and City Engineer.
8.' A creek protLtien and rectoraiion Dian must be submitted to the approval or the City
lam'
Engineer and Community Development Director, along with improvement plans. Such plan
must show improvements to the creek extending from the bicycle/pedestrian path (where
it is proposed) to 20' beyond the top of bank on the opposite side, including all
landscaping and erosion protection methods.
9. The edge of the bicycle/pedestrian path closest to the creek shall be set back at
S least fifteen feet from the top of bank, except for areas within 120 feet of the
Poinsettia Street right-of-way and where the path enters the creek to go under the
2-3 railroad. In those places where the path is nearer than fifteen feet, dense
vegetation shall ba planted between the path and the creek.
Z 10. The creek crossing method must be within the guidelines established in -the Flood
Prevention Policy adopted by the city, unless an alternative is specifically approved
by the council.
!1. Access to the creek will be provided to the satisfaction of the.Community Development
Department. Improvements to allow access shall be shown on the creek protection and
restoration plan.
2 12. Detention basins shall be unfenced and maintained by the tract homeowner's .7
association. A maintenance schedule and reporting procedure shall be submitted to
the City Engineer for review and approval. The schedule shall include periodic
reports to the city on the condition of the basin.
13. The neighborhood park shall be completed in phases, as described in the Edna-Islay
5 Specific Plan and approved as part of Tract 1235. The subdivider shall record a lien
or alternative approved by the Community Development Department, equal to $750 per
unit for park improvements, to become due and payable to a special fund, maintained
by the city, upon transfer of the lots or dwelling units.
�.3 14. All street lights must be spaced less than 200' to 250' apart, per city standards, to
the satisfaction of the City Engineer.
15. Water acreage fees and sewer lift.station charges are required to be paid prior to
recordation of the Final Map. .
-� 16. All lou must be served by individual water, sewer, and utilities.
17. All public improvements must comply with city standards and are subject to
modifications to the satisfaction of the City Engineer.
Resolution No. 6484 (1988 Series)
Tract 1360
Page 3
V*J- ( 18. Final plans must provide for drainage between Wisteria and Lily and also between
Tulip and Yarrow to the satisfaction of the City Engineer.
3
19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map.
2 All residences in the flood zone must have finished pads a minimum of one foot above
the 100 year storm elevation. Flood map amendment must be processed with FEMA by
developer's engineer to eliminate flood insurance requirements for those lots
adjacent to the channel.
�, •12 20. Subdivider must submit plans and calculations that specifically address the effects
of all proposed grading within the flood zone. Plans must indicate any impacts
during a 100-year storm to the satisfaction of the City Engineer, Department of Fish
` and Game, and the Corps of Engineers.
2 21. The detention basin must be designed per standard established by the Edna-Islay
Specific Plan and to the satisfaction of the City Engineer. Detention basin must be
protected against-erosion from the adjacent creek.
22. All lots must drain to the street or as approved by the City Engineer.
23. The emergency access road must be constructed with an all-weather surface to the
( �3 satisfaction of the City Engineer and Fire Department. This road must extend to the
creek and southeasterly tract boundary, or other access must be provided for
maintenance of the creek area, to the satisfaction of Public Works and Community
Development Departments.
3 24: A Public Utility Easement must be provided for in the buffer area adjacent to Iot 40
for the possible future extension of public utilities, sewer, and water.
�.3 25. All residential water services must be sized to accommodate fire sprinklers to the
satisfaction of the Fire Department.
„ .f- 26. The developer must dedicate a 1-foot vehicular non-access strip at the southerly end
(/1tt/t. of Goldenrod La a•to the satisfaction of the City Engineer, and install a standard
city barricade in this location.
27. Phasing of this tract and utilities may require off-site utility extensions within
subsequent phases, to the satisfaction of the City Engineer.
28. The subdivider shall inform future lot buyers of the possibility of building permit
S delay based on the city's water shortage. Such notification shall be made a part of
?,d-3 the recorded 'documentation for each lot :.
/29. The subdivider shall number all lots in the tract consistent with city-approved
addressing plan.
14_r GO
Resolution No. 6484 (1988 Series)
Tract 1360
Page 4
30. Grading plans must note that if grading or other operations unearth archeological
2 resources, construction activities shall cease. The Community Development Director
shall be notified of the extent and location of discovered materials so that they may
be'recorded by a qualified archeologist. Disposition of artifacts shall comply with
state and federal laws.
(� 31. The subdivider shall establish covenants, conditions, and restrictions for the
regulation of land use control of nuisances and architectural control of all
buildings and facilities. These CC&R's shall be approved by the Community
Ii7 Development Department and administered by the homeowner's association.
The subdivider shall include the following provisions in the CC&R's for the Tract:
a. Maintenance of linear parks, railroad buffer areas, and all storm water
detention basins shall be by the homeowners' association in conformance with the
Edna Islay Specific Plan.
b. There shall be no change in city-regulated provisions of the CC&R's without
prior approval of the Community Development Department.
rO. 32. The subdivider shall provide for street furniture and signs for transit systems, to
rr #ZDDO the satisfaction of the Mass Transit Committee.
(4
�j --rYl�55 On motioa of Councilwoman Pinard seconded by Councilman Reiss
and on the following roll call vote:
o �
N AYES: Councilmembers Pinard, Reiss, Rappa, Settle and Mayor Dunin
rtilr pX NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of August
198&
Mayor Ron unin
A
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Citk Clerk pa Voges