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-
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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
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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($2000)dollars to
guarantee payment to the engineer of record for setting of final monuments,plus ten(10)percent of
the principal amount of the surety,in accordance with the subdivision agreement. The Labor
and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision
Map Act.
On motion of ,seconded by
.and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (1998 Series)
Pagetwo
the foregoing Resolution was passed and adopted this day of , 1998.
Mayor Allen K. Settle
ATTEST:
City Clerk Bonnie Gawf
Approved as to Form:
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ncil Agend eports\Final Acceptance-Tract 2132
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RESOLUTION NO.8472 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRA�T-N0:�2132�
WHEREAS, the City Council made certain findings concerning Tract
2132 as contained in Resolution No. 8173 (1993 Series) , and
WHEREAS, the city council has approved a 50% reduction in park-in-
lieu fees in view of the private park being developed within the tract,
WHEREAS, all other conditions required per Resolution No. 8173
(1993 Series) of said Tract No. 2132 have been satisfactorily met
and/or are guaranteed under a Subdivision Agreement (attached Exhibit
"A") and surety to guarantee Faithful Performance ($ 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 ����
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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
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_ 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
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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:
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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