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HomeMy WebLinkAbout03/17/1998, C5 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2132, A 46-LOT RESIDENTIAL SUBDIVISION AT THE SW CORNER OF SOUTHWOOD DR. AND LAUREL LN. council 7- A Cjen6A -AGEnda WPM hem Num6e. C I TY OF S AN L U IS O B I S P O FROM: Michael D. McCluskey,Public Works Director Prepared By: Jerry Kenny,Supervising Civil Engine SUBJECT: Final Acceptance of public improvements for Tract 2132,a 46-lot residential subdivision at the SW corner of Southwood Dr. and Laurel Ln. CAO RECOMMENDATION: Adopt resolution accepting the public improvements for Tract 2132 and withhold$2000 from the Faithful Performance surety to guarantee payment to the engineer for all monumentation costs. DISCUSSION: The final map for Tract 2132 was approved on December 5, 1995 per Resolution No. 8472(1995 Series).All of the tentative map subdivision improvements required per Resolution No. 8173 (1993 Series)(Attachment 7)have been completed to City standards and specifications and the subdivider has requested acceptance of the public improvements by the City and release of the surety. The internal streets and lighting, perimeter landscaping and mini-park are private and will be maintained by the Homeowners Association. The onsite sanitary sewer and water system will be accepted and maintained by the City. Monumentation Cost Retention One unresolved issue is that the engineer, Engineering Development Associates (EDA), has not been fully paid by the subdivider for setting of the tract monuments, due apparently because of a current dispute between the parties. However,Section 66497 of California's Subdivision Map Act (SMA) (See Attachment 4) requires a specific deposit to be submitted to the agency which guarantees payment to the engineer or surveyor. The engineer had already set about half of the monuments at the time of final map approval and submitted an estimate of cost of$1500 for setting only the remaining monuments for"bonding" purposes.(See Attachment 5) A letter was sent to the subdivider in November 1997 that indicated unless the bill was paid and a receipt submitted (in accordance with the SMA) that the City was obligated to foreclose on the surety (CD) to pay the engineer. Since no communication was received from the subdivider and the required time period from the date of notice -from the engineer had expired (60 days), the Finance Dept. collected the principal plus .interest ($1669.96) and sent a check to EDA in that amount. However,the balance due for that work is approximately$1500, since the total cost is in excess of$3000,per the engineer.(See attached EDA letter,Attachment 6) The intent of the SMA is to guarantee"full payment" for monumentation,in spite of the fact that the guarantee was based on the estimated"uncompleted portion". Therefore,staff recommends that $2000 be withheld from the Faithful Performance surety to guarantee payment for this work. C—Jr' Council Agenda Report-Final Acceptance of Tract No.2132 Page two ALTERNATIVES: Option 1: Deny acceptance of the public improvements if the Council finds that any conditions have not been satisfactorily met. FISCAL IMPACT: Normal maintenance of typical public improvements(water main and appurtenances) CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. No other departments are affected. Attachments: 1 -Draft resolution accepting improvements 2-Map 3 -Resolution No. 8472(1995 Series) 4- Subd.Map Act excerpt 5 -Letter from EDA( 11-1-95) 6-Letter from EDA(11-4-97) 7-Resolution No. 8173 (1993 Series) 8 -Final Acceptance Checklist I:\Council Agenda Reports\Final Acceptance-Tract 2132 c- �-z RESOLUTION NO. (1998 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2132 WHEREAS,the City Council made certain findings concerning Tract 2132,as contained in Resolution No. 8173 (1993 Series),and WHEREAS,the City Council approved the final map for Tract 2132 per Resolution No. 8472(1995 Series),and WHEREAS,the subdividerhas satisfactorily completed the subdivision improvements for said Tract 2132 in accordance with City standards and specifications and has requested that the City accept the public improvements for maintenance and operation and release of surety. WHEREAS,the engineer of record has indicated that full payment has not been received for setting final monuments as required by Section 66497 of the State of California Government Code(Subdivision Map Act). NOW THEREFORE,the City Council hereby accepts the public improvements for Tract No. 2132. The Faithful Performance surety is hereby reduced to two thousand($2000)dollars to guarantee payment to the engineer of record for setting of final monuments,plus ten(10)percent of the principal amount of the surety,in accordance with the subdivision agreement. The Labor and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. On motion of ,seconded by .and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (1998 Series) Pagetwo the foregoing Resolution was passed and adopted this day of , 1998. Mayor Allen K. Settle ATTEST: City Clerk Bonnie Gawf Approved as to Form: Z/Ou om Je G. rgenson ncil Agend eports\Final Acceptance-Tract 2132 c-s-y Ral .�.P 1.1sA►♦• •.►w. v1 �'. `. '0 ir- 16 ►AAS►*� ►�.nA�r t�J.►+J . i: :�►A�,� : ►AAS�� FNItL �. w►�A..A���.�►•JA•AJJ•A•A•A•A•�J�J�J�♦JtAJ�►AIA�►JJ•�J� ® ,r •.►A.►.►AA••A•A���JAAA•►AAA••A• ` ►AA••AA��AA�AA�A�A�P.AA•►r ►•. lT O - ►AA'►JJ�►•JA•A•JJJAJAA•��AJA•JJAAJJAJAJt►AJA�►JA�►J• ., e. ►AA'►AAS►1JA•A•J•AA a�V�►jJj�;��AJJ jJJJs�•�l���� !�"�•i►i�ii�i�i�i'��c►i��ii►i�i♦iii♦i�►qON ►` ryiy•AAAAAAAAAAAAAAAAJ'►A ►1 a ?V � O • .J.V.�►J'1•J•J•JJVJJJVJJJJJJ+JJJJJ*JJV•J•Jv�►JJ��J� :► . PAA• �:j.'►,► t . Kit. VA ►A4�►�� ►� ►• . �'►^ , . a '� a ►� �� ' ►AJ0 ►Al�� 0#0 O ►��♦ ►♦ �♦ .� AAS �►AAAJI� :® ® �►A•►A�� a �A1•� ���'►��� IAA ���. S ��•�� IL . ,XI t :*moi®� '�r!.±+�'i�f::►_:►_'.t.►i�i�i�i:"I RESOLUTION NO.8472 (1995 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRA�T-N0:�2132� WHEREAS, the City Council made certain findings concerning Tract 2132 as contained in Resolution No. 8173 (1993 Series) , and WHEREAS, the city council has approved a 50% reduction in park-in- lieu fees in view of the private park being developed within the tract, WHEREAS, all other conditions required per Resolution No. 8173 (1993 Series) of said Tract No. 2132 have been satisfactorily met and/or are guaranteed under a Subdivision Agreement (attached Exhibit "A") and surety to guarantee Faithful Performance ($ 100, 000.00) and Labor & Materials ($ 50,000. 00) . NOW THEREFORE BE IT RESOLVED that: (1) final map approval is hereby granted for Tract No. 2132 and (2) the Mayor is hereby authorized to approve of the Subdivision Agreement. On motion of Council Mbr . Romero seconded by Council Mbr . Williams and on the following roll call vote: AYES: Council Members Romero , Williams , Smith, Roalman , Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of f Tloramhor , 1995. TES MAYOR Allen Settle TY CL by Asst . City Clerk Kim Condon APPROVED AS TO FORM: OTT E of ey Jorgensen R_8472 C� ✓'�b (C uthorized by prior agreement with the subdivider or er sureties, when secured come due the amount of taxes and sped ssments may be paid to the countyt for from the security depos' a negotiable paper or instrument of credit may b and any exc ceeds placed in the county treasury subject to refund claim by ivi _ [Amended, Chaps. tutes of 1981] 66494.1. Assignment ark's duties The board of su ors may, by resolution, author,., uthor t officer to perform the duties d of the clerk of the board of supervisor under t [Added, Chapter 866, Statutes of 1984] Article 9. Monuments 66495. Engineer or surveyor to set durable monuments At the time of making the survey for the final map or parcel map unless the survey is not required pursuant to Section 66448, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required by local ordinance. The local agency shall require that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded. [Amended, Chapter 234, Statutes of 19771 66496. Interior monuments may be delayed with security Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the legislative body security guaranteeing the payment of the cost of setting such monuments. 66497. Engineer or surveyor to notice subdivider and city engineer or county surveyor when monuments have been set. Provides payment to engineer or surveyor from security deposit Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the city engineer or the county surveyor or any other public official or employee authorized to receive these notices,that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the legislative body evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the legislative body shall pay the engineer or surveyor for the setting of the final monuments from the cash deposit, if so requested by the depositor. If the subdivider does not present evidence to the legislative body that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the legislative body that payment has not been received from the subdivider for the setting of the final monuments,the legislative body shall,within three months from the date of the notification, pay to the engineer or surveyor from any deposit the amount due. [Amended,Chapter 1504, Statutes of 1985] 81 ���� r EDA ENGINEERING DEVELOPMENT ASSOCIATES i . U 2 1995 November 1, 1995 Mr. Jerry Kenny Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, Ca. 93401 Re: Tract 2132, Laurelwood - Monumentation Bond Dear Jerry: To date, we have Set approximately one half of-the monuments for this project in anticipation of the recording of the final map. Our estimate fors nal monuments for this ro'ect is $1,500.00. Please use this figure for establishing the amount of the monumentation bon . Thank you for your assistance. Please contact us if you have any questions. Sincerely, ENGINEERING DEVELOPMENT ASSOCIATES Q Je r y4mWfic 2D,M3\� C-S P L A N N I N G C I V I L E N G I N E E R I N G L A N D S U R V E Y I N G 1320 NIPOMO ST. ° SAN LUIS OBISPO, CA 93401 ° 805-549-8658 ° FAX 805-549-8704 744 0AK ST . ° PASO ROBLES , CA 93446 ° 805-237-1033 0 FAX 805-237-3797 /��ZG(i64/°J2�p EDA ENGINEERING y ! V DEVELOPMENT ASSOCIATES - NOV r 1997.. ENGINEERING Uivu r. CITY OF SM LUIS 0SISP0 November 4, 1997 Mr. Jerry Kenny Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, Ca. 93401 Re: Tract 2132, Laurelwood - Monumentation Bond Dear Jerry: This is to inform you that as of this date we have not been paid for our work setting the monuments for this project. Our outstanding balance for monumentation is in excess of $3,000. Therefore, we request that you release the monumentation bond on file with the city to us. Please contact us if you have any questions. Sincerely; ENGIN VELOPMENT ASSOCIATES Jeffrey J. Emrick 201383rWmenbnd1.Jk C-5--9F _ A. Ili PJi 'JG CIVIL ENuIINEE "n. INL' tilt E `flMG �O `dIPO^:10 ST. ■ SAN LUIS OBISPO. CA. 93407a B4 -8704 7-3797 0 S T . • C ;: 5 ^ P, 02LES . A. 93 - . 6 - '3 RESOLUTION NO. 8173 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2132 LOCATED AT 1190 LAUREL LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2132 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2 . The site is physically suited for the type and density of development allowed in the R-3 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 easements for access through, or use of property within, the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has issued a negative declaration of environmental impact for the project, which is hereby approved. SECTION 2 . Conditions. The approval of the tentative map for Tract 2132 is subject to the following conditions: Relationship to planned development: 1. Approval of this subdivision is contingent upon the adoption of the planned development rezoning of the included property to the R-3-PD district as requested by application' PD 13-93 . Density: 2 . The maximum density allowed on each lot is 2 . 00 dwelling units, as defined by the zoning .regulations. Lots may be developed with more than one dwelling unit if this density is not exceeded, and if all property development standards are met for the additional unit. C-S=lO Resolution No. 8173 (1993 Series) Tract 2132 _. Page 2 Transportation: 3 . The subdivider shall install a concrete pad and transit shelter, "P" pole sign and trash receptacle along the Laurel Ln. frontage, to the satisfaction of the City Engineer. The location shall be approximately 80 feet southerly of the Laurel/Southwo-od intersection, within the public R/W area behind the sidewalk (no bus turn-out is required) . 4 . The subdivider shall pay a maximum of $50, 000 towards local area traffic improvement facilities prior to recordation of the final map, as determined by the City Engineer. Anticipated improvements include a traffic signal at Southwood Drive and Laurel Lane, a traffic signal at Laurel Lane and Orcutt Road, railroad signal relocation and street widening at Orcutt Road. 5. The City is expected to adopt a new traffic impact fee sometime in mid-1993 . Upon adoption of traffic impact fees, the fees specified above may be credited towards any traffic impact fees if incorporated into the traffic impact fee list of projects. The subdivider shall pay all applicable traffic impact fees prior to recordation of the final map. 6. A bulletin board or information kiosk shall be installed in the recreation area. Information on ridesharing, transit, bicycle routes, other alternative transportation methods, plus recycling information shall be posted on this board or kiosk as it becomes available to the homeowners' association. Homeowners ' association: 7 . 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 Development Department and administered by the Laurelwood homeowner's association. The subdivider shall include the following provisions in the CC&R's for the Tract: a. A homeowners' association shall be created to enforce the CC&R's and provide for professional, perpetual maintenance of all common areas, including private streets, drainage facilities, parking lots, walls and fences, lighting, recreation area, and landscaping in a first class condition. Resolution No. 8173 (1993 Series) Tract 2132 Page 3 b. The homeowners' association shall maintain all public right-of-way frontage improvements (on Laurel Lane and Southwood Drive) , rather than individual lot owners. C. There shall be no provisions in the CC&R's that prohibit use of private clotheslines in rear yard areas. d. The City shall be granted the right to maintain the common areas and rights-of-way if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right to inspect the site at mutually agreed times to assure conditions of CC&R's and the final map are being met. e. There shall be no parking except in approved, designated spaces. f. The City shall have the right to tow away vehicles on a complain basis, which are parked in unauthorized places. g. Garages. shall be available for parking at all times. h. There shall be no outdoor storage of boats, campers, motorhomes, or trailers, nor long-term storage of inoperable vehicles. i. There shall be no outdoor storage by individual homeowners except in designated storage areas. j . The homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. k. Appropriate "no parking" signs and red-curbing shall be installed and maintained along interior streets as required by the City Fire Department. 1. There shall be no change in city-regulated provisions of the CC&R's without prior approval by the Community Development Director. C- S- IZ Resolution No. 8173 (1993 Series) Tract 2132 _. Page 4 Public works improvements: B. All interior streets shall have structural sections based on a soils report recommendation, and that meet City standards, subject to the approval of the City Engineer. 9. All sidewalks constructed along the private streets must meet all handicap access requirements and .therefore must be a minimum .of 4'-0" wide (excluding the curb width) . All said sidewalks must maintain a minimum of 4 '-0" clearance around any fire hydrant, street light pole, sign pole and any other street furniture or obstacle. 10. All entrances to this site (including the Laurel Ln. driveway) shall be constructed as street type entrances, to the satisfaction of the City Engineer. 11. The subdivider shall plant street trees along all streets (public and private) per City standards and to the satisfaction of the City Arborist. Tree Species Laurel Lane. . . . . . . . .Coast Live Oak/London Plane Southwood Dr. . . . . . . .Evergreen Pear/Chinese Pistache Private streets. . . . .Choose from Master Street Tree List Special consideration shall be given to the street tree planting scheme along the Laurel Ln. frontage. Specifically, it will be necessary to provide an 8'x 8' planting area adjacent to the back of sidewalk. 12. The subdivider shall dedicate street tree easements along all public street frontages to the satisfaction of the City Engineer. 13 . a. All water mains .shall be public and shall be constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. b. All sewer mains within the private streets shall be public and shall be constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. C. All on-site storm drainage facilities shall be privately owned and maintained by the Homeowners' Association. Resolution No. 8173 (1993 Series) Tract 2132 _. Page 5 14 . The subdivider shall dedicate all private streets as a public water and sewer system easement, to the satisfaction of the City Engineer and Utilities Engineer. Said easement shall exempt the City from all responsibility for the replacement of any decorative pavements. (other than City standard asphalt concrete pavement) used on any private streets. 15. Each lot shall be served by individual services (water, sewer, gas, electric, telephone and cable TV) to the satisfaction of the City Engineer and Utilities Engineer. Piping shall be installed to make use of reclaimed water for maintaining landscaping in the common area, to the approval of the Utilities Engineer and Public Works Director. 16. All water services shall be sized accordingly to provide the flows required for fire sprinklers, to the satisfaction of the Utilities Engineer and Fire Marshal. 17 . The Subdivider shall dedicate a 6' wide public utilities easement along all street frontages (public and private) . 18 . The subdivider shall install conduit for the future undergrounding of existing overhead utilities, along the Laurel Lane frontage. If the cost of conduit installation is less than 2/7 of the total estimated cost of undergrounding, then the subdivider shall deposit the difference with the City. Any such sum is to be used to off-set the costs of the eventual completion of said . undergrounding project. The Public Works Director shall determine how and when the work will be done. 19 . All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc. . . , shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. 20. The subdivider shall provide the City Engineer with a detailed hydraulic analysis which indicates the effects of the proposed development on adjacent and downstream properties. The analysis must address the existing storm drain facilities and creek capacities. The proposed development cannot create a situation which increases flooding potential downstream. C- ���� Resolution No. 8173 (1993 Series) Tract 2132 _. Page 6 21. The subdivider shall dedicate vehicular access rights to the City, along all public street frontages, except for approved driveway accesses (private streets) . Sound wall: 22. The sound wall along Laurel Lane and Southwood Drive shall be set back at least 6' from the sidewalk, and a minimum of 40% of the frontage shall be set back at least 81 , and shall be a combination of a wall and 31-high-minimum earth berm, with tree planters. A section of the wall, located approximately in the middle of the Laurel Lane block, shall be set back from 6' to 12' or more. The area between the sidewalk and the wall shall be planted with a variety of drought-tolerant screening plants. The wall shall be designed, following the recommendations of an acoustical engineer, to address potential reflective sound affecting property across the street, to sound levels determined acceptable in the City's general plan. Design shall be to the approval of the Community Development Director or Architectural Review Commission. Addressing: 23 . An addressing plan, including names for the private streets, shall be submitted for approval by the Community Development Director. On motion of Council Member Settle seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Settle, Roalman, and Romero NOES: Mayor Pinard ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 25th day of May, 1993 . ATTEST: Mayor PeV Pinard it Cle iane R. Gladwell By: Kim Condon, Assistant City Clerk Resolution No: 8173 . (1993 Series) Tract- 2132 = Page 7-- APPROVED: i A or-ne l f s city of san tins OBISPO 5�= �.. � = FINAL ACCEPTANCE CHECKLIST PROJECT NAME / (lee��// /L ZWaoQ - Le�r/��L `6 Soc rz�'awp , DESCRIPTION ` 5z0 Itis 4ESAP&_.Q ,4Z 21;cr i-Y1Z-,wrf_ 5zx�7s is PAZ& MAP NUMBER 7/4c7 7/371 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS 0 DESCRIPTION INITIAL DATE COMMENTS 1 GRADING complete including planting & retaining wallj. y k 2 STORM DRAINS & DRAINAGF STRUCTURES installed 9b 3 SEWERS & SERVICES installed and tested _ 4 WATERLINES & SERVICES installed and tested 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved Curbs and Gutters Sidewalks Driveways 7 STREET & PAVING installed and approved _ Properly installed and sealed Cleaned Signing, striping and curb painting ** 8 NOH-CITY UTILITIES P.G.& E. -- Final letter received Street lights installed, operating, letter sent Cable TV -- Final letter received Telephone Co.-- Final letter received C 9 97 Gas Company -- Final letter received 9 AS-BUILT PLANS received and approved 10 PUBLIC IMPROVEMENTS payments received f: — 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION complete &(4 - PI 13 STREET TREES planted _� Ll/ jjL�� �'ls,.,•P� 14 OFF-SITE WORK completed 15 BOND/GUARANTEE deposited �- 16 }pgpM De Sore 6'(frt T 4r **Funds Encumbered for Signs, etc. OTHER CONDITIONS 11 BOARD OF ADJUSTMENTS 18 PLANNING C01-V•IISSION ✓=S - 19 ARCHITECTURAL REVIEW C0114ISSION 20 CITY COUNCIL 21 ABANDONMENTS 22 OTHER /7 ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY EVE,LOPMENT APPROVAL WeVIKS 9.81 PUBLIC S1S APPROVAL