HomeMy WebLinkAbout02/06/2001, C3 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2066 (VILLA ROSA) AT 843 MUTSUHITO STREET council
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C I T Y OF SAN LUIS O B 1 S P 0
FROM: Michael D. McCluskey, Public Works Directolrrg� zol
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Final Acceptance of public improvements for Tract 2066
(Villa Rosa) at 843 Mutsuhito Street
CAO RECOMMENDATION:
Adopt resolution accepting the public improvements for Tract 2066.
DISCUSSION:
The final map for Tract 2066 was approved on May 5, 1992 per Resolution No. 8009(1992 Series).
The tentative map was approved per Resolution No. 7031 (1991 Series). [Attachment 3] The
subdivision improvements have been satisfactorily completed.
The majority of the subdivision improvements were completed several years ago by the original
developer/subdivider, but final pavement layers and necessary public utility main adjustments to the
fmal grade were delayed in order to provide "new-looking" streets and internal private driveways
after all of the condominium units were complete. The Council reduced the subdivision surety on
May 4, 1993, per Resolution No. 8164 (1993 Series), from $290,000 (Faithful Performance) and
$145,000 (Labor & Materials) to $65,000 and $32,500, respectively, based on the completed work.
Acceptance of the improvements was postponed pending completion of all of the
improvements.[Attachment 41
Mid-State Bank subsequently foreclosed on the developer/subdivider and requested an amendment
to the subdivision agreement to extend the time to complete the project. The bank then sold the
project to another developer (S & S Homes) to complete the project. New replacement letters of
credit to guarantee completion of the remaining improvements were submitted by S & S Homes,
(replacing the former sureties) to guarantee completion of the uncompleted improvements, per the
amended subdivision agreement.
In addition, a new letter of credit for traffic mitigation fees was received in a reduced amount, since
$14, 222 was paid in cash to cover building permits that had already been issued at that time. The
Transportation Impact Fee (TIF) ordinance was approved after this tract was approved, but the
vesting rights expired 2 years after the tract was recorded. Therefore, the remaining 48 building
permits required payment of the current TIF, in lieu of the lesser mitigation fee. Since all fees have
been received, this letter of credit is eligible to be released.
The subdivider has requested acceptance of the public improvements by the City and release of
sureties, in accordance with the subdivision agreement. Under the terms of the agreement, the
surety would be reduced to ten percent of the cost of the improvements ($29,000), as a warranty to
guarantee the improvements for one year after acceptance.
CM
Council Agenda Report-Final Acceptance of public improvements for Tract 2066
page two
The public improvements consist of typical street improvements, offsite and onsite storm drains,
offsite sewer mains and an onsite sewer main within Garibaldi Lane (a private street), between
Orcutt Rd. and the next upstream manhole, onsite and offsite water mains and appurtenances. The
onsite improvements, except as noted, are privately maintained under the Homeowners
Association.
Option 1: Deny acceptance of the public improvements if the Council finds that any
conditions have not been satisfactorily met.
FISCAL E$APACT:
Typical maintenance of public improvements.
CONCURRENCES:
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action. No other departments are affected.
Attachments:
1 -Draft resolution
2 - Map
3 - Resolution No.7031 (1991 Series)
4-Resolution No.8164 (1993 Series)
5 -Final Acceptance Checklist
L/.../Council Agenda Reports/Final Acceptance of public improvements-Tract 2066
C3-2
RESOLUTION NO. (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2066
WHEREAS, the City Council made certain findings concerning Tract 2066, as
prescribed in Resolution No. 7031 (1991 Series), and
WHEREAS, the City Council approved the final map for Tract 2066 per
Resolution No.8009 (1992 Series), and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2066, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW THEREFORE, the City Council hereby accepts the public improvements
for Tract No. 2066. The current Faithful Performance surety is hereby reduced to
$29,000, being ten percent of the total cost of the public improvements to be held for one
year from this date, in accordance with the subdivision agreement. The Labor &
Materials surety may be released at this time, since the conditions of Section 66499.7 of
the California Government Code have been met.
The Traffic Mitigation Fee letter of credit on file is hereby released, since the required
fees were paid with building permits fees.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
C3-3
Resolution No. (2001 Series)
Page Two
the foregoing Resolution was passed and adopted this_day of , 2001.
ATTEST:
Mayor Allen K. Settle
City Clerk Lee Price
Approved as to Fo
I + ttorn y re y Jorgenson
L/.../Council Agenorts/Final Acceptance Resolution-Tract 2066
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RESOLUTION NO. 7031 (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE MAP FOR TRACT 2066, CREATING A 85-LNIT
RESIDENTIAL CONDOMINIUM PROJECT AT 843 M`U TSUHITO AVENUE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. VESTING TENTATIVE MAP. That this Council, after consideration
of public testimony, Vesting Tentative Map 2066 and the subdivider's supporting
information, the Planning Commission's recommendation, and the Community
Development Director's recommendations and reports thereon, hereby approves Vesting
Tentative Map 2066 creating a 85-unit, planned development residential condominium
project, as shown in Exhibit "A" attached, with the following findings and subdivision
exceptions, and subject to the following conditions:
Findings
1. The design of the subdivision is consistent with the general plan, subdivision and
zoning regulations.
2. The site is physically suited for the type and density of development allowed in
an R-3-PD zone.
3. The design of the tentative map 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 proposed subdivision has been evaluated under the California Environmental
Quality Act and the City's Environmental Guidelines (Existing Facilities, Section
15301(o)), and the City Council hereby concurs with the Community Development
Director's negative declaration, subject to the following mitigation measures (note:
asterisk refers to mitigation measures modified or added by the Planning
Commission):
C3-7
R-7031
Council Resolution leo. 7031(1991 Series)
Page 2
Land Use
`A. Developer shall provide a mLiimum sideyard setback of 16 feet for unit 80,
with an architecturally compatible fence or wall, and a 10-foot wide
landscaped planter for visual screening and physical separation.
'B. Developer shall provide a minimum building setback of 20 feet for unit 31,
and provide a noise attenuation wall along the northeast property line of
Lot 89 to protect residential uses from vehicle traffic and loading noise.
The noise wall shall be architecturally integrated with the project using
Iandscaping and architectural detail, to the approval of the Architectural
Review Commission.
C. Residential units with wall openings facing the C-S zone shall incorporate
construction measures to ensure interior noise levels do not exceed 45 dBA
(Ldn), to the approval of the Chief Building Official. An acoustic engineer
shall recommend appropriate design measures for the units so that the 45
dBa sound level is not exceeded, and these measures shall be incorporated
in the building plans. Such measures may include, but are not limited to
double glazing, reduced window area, enclosed outdoor patios, and special
wall assemblies.
'D. A declaration to buyer shall be included in California Department of Real
Estate documents prepared for prospective buyers. The declaration shall
advise buyers that project is located adjacent to manufacturing and service-
commercial uses, and a homeless shelter. Industrial, service-commercial,
and shelter related activities may occur in the area, including commercial
truck traffic on Victoria Avenue.
Traffic and Circulation
Developer shall:
E. Contribute toward the cost of installing a signal at the Lawrence
Drive/Broad Street intersection, prior to construction permit issuance.
Contribution amount shall be calculated by the City Engineer, and shall be
based on the project's proportionate share of the total traffic increase
(ADT) on Broad Street from Villa Rosa, OSIS, and Stoneridge II, not to
exceed 25 percent of the total cost of the signal project.
F. Revise project design to provide a public street connection between
Lawrence Drive and Mutsuhito Avenue via Victoria Avenue. Developer
shall improve Victoria Avenue to city standards.
G. Contribute toward the cost of installing a second eastbound left-turn lane
from Broad Street onto Orcutt Road, prior to construction permit issuance.
C3-S
Council Resolution No. 7031 (1991 Series)
Pacye 3
Contribution shall be calculated by the City Engineer, and shall be based
on the project's proportionate share of the total traffic volume (ADT) on
Orcutt road.
H. Contribute toward thecost of widening Orcutt Road to four lanes east of
Broad Street, prior to construction permit issuance. Contribution shall be
calculated by the City Engineer, and shall be based on the project's
proportionate share of the total traffic volume (ADT) on Orcutt Road.
I. Contribute toward the cost of installing a grade separation at Orcutt Road
and the Southern Pacific Railroad right-of-way, prior to construction permit
issuance. Contribution shall be calculated by the City Engineer, and shall
be based on the project's proportionate share of the total traffic volume
(ADT) on Orcutt Road.
J. Revise the Orcutt Road driveway exit to restrict access.to right-turn in and
right-turn out only, to the approval of-the City Engineer.
Air Quality
Developer shall:
K Incorporate bike and pedestrian trails into the project design to provide the
opportunity to connect with a planned citywide bike trail in or along the
Southern Pacific Railroad right-of-way, near the northeast comer of the site.
'L Grant irrevocable offer for public pedestrian and bicycle access easements
from Broad Street to the future connection point at the site's northeast
comer and along the former Pacific Coast Railroad right-of-way, and install
footpath and bikeway improvements as approved by the Architectural
Review Commission.
M. Contribute toward cost of installing a transit facility on the east side of
Broad Street between Lawrence Drive and Orcutt Road. Costs shall
include construction of a standard bus turnout, transit shelter, bus sign, trash
receptacle, and installation of public art and appropriate landscaping.
Contribution amount shall be calculated by the City Engineer, and shall be
based on the project's proportionate share of the total traffic increase
(ADT) on Broad Street from OSH, Villa Rosa, and Stoneridge II, not to
exceed 25 percent of the improvement's total cost.
N. Follow Air Pollution Control District guidelines to reduce fugitive dust
emissions during grading and site preparation, and exhaust emissions from
construction equipment. Prior to construction permit issuance, the
developer shall submit a plan describing measures to be taken during
construction to reduce emissions, to the approval of the Community
C3-9
Council Resolution No. 7031 (1991 Series)
Pace 4
Deveiooment DLrector.
Plant Life
'O. Site design shall be modified where feasible to preserve Eucalyptus trees,
to the approval of the City Arborist and the Community Development
Director. Where preservation is not feasible, the trees to be removed shall
be replaced on a two for one basis with 15-gallon sized trees of a
comparable ultimate size and longevity.
Historic Resources
P. A qualified archaeologist will instruct the project's construction contractors
in how to recognize resources that my be encountered. If excavations
encounter archaeological resources, construction activities which may affect
them 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 archaeologist. Disposition of artifacts shall comply
with state and federal laws. A note concerning this requirement shall be
included on the grading and construction plans for the project.
Q. Brick work shall be incorporated into the development of the site to recall
the historic use of the site.
R. The historic significance of the site shall be documented through the use
of a plaque, photographs and samples of the brick work incorporated into
a marker or kiosk on the project site for public display, possibly in
cooperation with the adjacent Orchard Supply Hardware project.
General
S. If the Community Development Director determines that the above
mitigation measures are either infeasible or ineffective, the Director may
modify the measures or add additional measures to better achieve the intent
of the original mitigation.
Subdivision Exceptions
The proposed exceptions to Subdivision Regulations to allow:
A. Reduced street widths from 40 feet to 28 feet on Victoria Avenue, from 40 feet
to 34 feet on Lawrence Drive, and from 40 feet to two 17-foot travel lanes on
Mutsuhito Avenue;
C3-10
Council Resolution No. 7031 (1991 Series)
Page 5
B. Reduced street yards from 15 feet to 10 feet for units 43, 67, 68, 69, 79, 84, and
85; and from 15 feet to 7 feet for unit 44.
are hereby approved with the following findings:
A. The cost to the subdivider of strict or literal compliance with the regulations
is not the sole reason for granting the modifications.
B. The modifications will not be detrimental to the public health, safety, or
welfare, or be injurious to other properties in the vicinity.
C. Granting the modifications is in accord with the intent and purpose of the
Subdivision and Zoning Regulations, and is consistent with the general plan
and with all applicable specific plans or other plans of the city.
Conditions -
1. Subdivider shall submit a final map to the city for review, approval and
recordation.
2. Subdivider shall provide individual utilities to each unit (telephone, electric, gas,
water, and cable TV) to the satisfaction of the public utility agencies and the City
Engineer. All new utilities shall be placed underground. Water meters shall be
clustered in the public sidewalk to the approval of the City Engineer
3. Final map shall note a blanket easement over the common lot area, except under
the structures, for access-to, installation and maintenance of underground public
utilities serving the site, to the approval of the City Engineer and affected utility
companies.
4. Final map shall show a 6-foot public utilities easement and 10-foot wide street tree
easement along the project's public street frontages.
5. All on-site driveways, nonstructural parking improvements and utilities shall be
installed as subdivision improvements.
6. Subdivider shall prepare covenants, conditions and restrictions (CC&R's) to be
approved by the City Attorney and Community Development Director prior to
final map approval. CC&R's shall include the following provisions:
a. Creation of a homeowners' association to enforce the CC&R's and provide
for professional, perpetual maintenance of all common area including
private driveways, sewer mains, drainage, parking lot areas, walls and fences,
lighting, recreation facilities, and landscaping in a first class condition
b. Grant to the city the right to maintain'common area if the homeowners'
C3-11
Council Resolution No. 7031 (1991 Series)
Pave 6
association fails to perform, and to assess the homeowners' association for
expenses incurred, and the right of the city to inspect the site at mutually
agreed times to assure conditions of CC&R's and final map are being made.
C. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which
are parked in unauthorized places.
e. Prohibition of storage or other uses which would conflict with the use of
garages for parking purposes.
L No outdoor storage of boats, campers, motorhomes, or trailers nor long-
term storage of inoperable vehicles.
g. No outdoor storage by individual units except in designated storage areas.
h. No change in city-required provisions of the CC&R's without prior City
Council approval.
i. 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
j. Provision of appropriate "no parking"•s j�ns and red-curbing along interior
roadways as required by the City Fire Department.
'k. CC & Rs shall not prohibit outdoors clothes drying.
7. The portion of this site that participated in the McMillan Sewer Assessment
District may sewer to the Orcutt Road sewer main (lots 1 through 31). The
remaining lots 32 through 85 did not participate in said assessment district and
must sewer to the Broad Street sewer main If gravity sewering lots 45 through
55 to Broad Street is not feasible, those lots may be sewered to Orcutt Road
provided all appropriate lift station fees are paid, as determined by the City
Engineer.
8. The public water mains serving this site shall loop from the water main in Orcutt
Road to the water main in Broad Street via the on-site driveway paralleling the
easterly and northerly boundaries and connecting said streets.
A second internally looped public water main may be constructed within the
driveway lying southerly and southwesterly of the four, most northeasterly,
buildings. All water meters shall be grouped in manifolds containing no more
than 6 meters each, to the satisfaction of the City Engineer.
C3-12
Council Resolution NTo. 7031 (1991 Series)
Pages 7
All final grades and alignments of all public mains shall be subject to adjustments
as determined by and to the satisfaction of the City Engineer and Utilities
Engineer.
9. An easement for public water facilities shall be granted to the City and shown on
the Final Map to the satisfaction of the City Engineer and Utilities Engineer. The
easement shall exempt the City from all responsibilities for the replacement of any
special pavements (other than asphalt concrete).
10. The subdivider shall pay all applicable water and sewer and park in-lieu fees at
time of close of buyer escrow and prior to final occupancy release of the first unit
by City.
11. Subdivider shall dedicate sufficient additional right-of-way at the easterly end of
Lawrence Drive to provide for a vehicle turnaround and landscaped median, to
the approval of the City Engineer. srn —
12. Lawrence Drive, Mutsuhito Avenue, and Victoria Avenue shall be improved to the
satisfaction of the City Engineer, based on the following standards:
A. The subdivider shall improve Lawrence Dr. with a 4' detached sidewalk,
landscaped parkway, curb and gutter on the southerly side, 34' wide street
pavement (T.I. = 8.0) and A/C curb along the northerly side of the street.
The proposed sidewalk may meander, but shall be at least 6' wide wherever
connected to the curb, to the satisfaction of the City Engineer. The
subdivider shall install a retaining wall and erosion control landscaping and
irrigation along the northerly side of Lawrence Drive, to the approval of
the City Engineer and the Community Development Director.
B. Mutsuhito Avenue shall be improved with a 4' detached sidewalk and
landscape parkway along both sides, a raised median island, and full-width
street pavement (T.I. = 8.0). The median island and landscape parkways
proposed in Mutsuhito Ave. shall be maintained by the Homeowner's
Association. The width of thei median island may require adjustment to
accommodate access requirements needed by the Fire Department (min. 2(Y
wide travel lane) and future tr;ck traffic.
'C. Victoria Avenue shall be impigved with 4' detached sidewalk and 6'
landscaped parkway along the east side, with a 28' street paveout, and a 6"
concrete curb or A.C. berm and landscaping along the west side.
D. Interior streets shall be constructed using a T.I. of 5.5.
13. Final map shall note that all improvements within the Southern California Gas
Company easement shall be subject to approval by said gas company.
C3-13
Council Resolution No. 7031(1991Series)
Page 8
14. P.11 on-site ,ading shall be designed so a: not to damage the off-site trees along .
the easterly property line. All on-site trees shall be labeled, and trees to be
preserved shall be protected during construction, to the approval of the City
Arborist. Subdivider shall submit a tree protection agreement and acceptable
surety to guarantee protection and/or replacement of trees to be preserved, to the
approval of the Community Development Director.
15. The subdivider shall submit to the City Engineer a hydrology report, prepared by
a registered civil engineer, for the proposed site development.
16. All boundary monuments, lot corners and centerline intersections, curb return
points, and other survey data 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.
17. Subdivider shall install street trees along the Broad Street, Lawrence Drive,
Victoria Avenue and Mutsuhito Avenue street frontages, to city standards, and to
the satisfaction of the City Arborist and Architectural Review Commission.
18. Subdivider shall submit a common driveway agreement and easement for lots 88
and 89 to the Community Development Director for approval and recordation.
19. All grading shall comply with the recommendations contained in the soils report
for the proposed site development.
20. All units shall be numbered in accordance with an addressing plan approved by
the Community Development Department.
21. Subdivider shall install a unit identification. plan with directory at each of the
project entrances to the approval of the Community Development Director.
22. Subdivider shall install street lighting as determined by the City Engineer per City
and Pacific Gas and Electric standards.
23. Project construction activity, including grading operations, shall be limited to the
weekday hours from 7:00 a.m. to 5:00 p.m.
24. Subdivider shall submit a dust management plan to limit dust generation from
construction activities on the site and from construction vehicles transporting soil
to and from the site to the approval of the Community Development Director and
the Chief Building Official.
C3-14
Al
RESOLUTION NO8164(1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REDUCING THE SURETIES FOR TRACT NO. 2066
(VILLA ROSA COMPANY, SUBD.)
WHEREAS, the City Council approved a subdivision agreement on May 5, 1992 per
Resolution No. 8009 (1992 Series) f Tract 2066, d
WHEREAS, the subdivider has completed most of the subdivision improvements and
has requested a release of the portion of the surety (Letters of Credit) on file which
guarantees those improvements, and
WHEREAS, the subdivision agreement requires a 10 perdent retention for one (1)
year after formal acceptance of the public improvements as a warranty for the
improvements.
NOW THEREFORE BE IT RESOLVED that the Faithful Performance and Labor
& Materials sureties are hereby reduced to:
1. Faithful Performance (FP)
Unfinished work $ 40,000
10 % retention (0.1 x $ 250,000) 25.000
Total $ 65,000
2. Labor & Materials (L&M)
50% of 1., above $ 32,500
NOTE: THIS IS SUBJECT TO SUBMITTAL OF A RECORDED "NOTICE OF
COMPLETION" FOR THE COMPLETED WORK, DATED AT LEAST 35 DAYS
PRIOR TO REDUCTION OF THIS SURETY, TO THE SATISFACTION OF
THE CTTY ATTORNEY.
On motion of Council Member Settle , seconded by Council Member Rappa
and on the following roll call vote:
C3-15
R-8164
Resolution No.8164(1993 Series)
Page Two.
AYES Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of May 1993.
MAYOR P PINARD
ATTEST:
nRK 51KNE GIXDWELL
f • • f t i i t
APPROVED AS TO FORM:
A*ey
O:DR%MIsc%T2066
C3-16
ptl,ii; i ' city of San tuts OBISpo
a .: �t FINAL ACCEPTANCE CHECKLIST
PROJECT NAME ZR_Air�_T Z 0�D �
DESCRIPTION l GGA 9054 COst�f�O/�t/oYl//'tS
MAP NUMBER 2k 2-C766- - SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
4 DESCRIPTION INITIAL PATJ I -COMMENTS
1 GRADING complete including planting & retaining walls &C P
2 STORM DRAINS & DRAINAGF STRUCTURES installed
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 NON-CITY UTILITIES
P.G.& E. -- Final letter received
Street lights installed, operating, letter sent
Cable TV -- Final letter received
Telephone Co.-- Final letter received
Gas Company -- Final letter received
9 AS-BUILT PLANS received and approved
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete •�
13 STREET TREES planted
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited Ok E
16 )aU@( D
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
* 18 PLANNING COMMISSION
. 19 ARCHITECTURAL REVIEW C01441SSION
[ 20 CITY COUNCIL l
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPI4ENT APPROVAL
iw.'fi21d-s:
^, pIIRI-1C SLt»tS APPROVAL