HomeMy WebLinkAbout05/20/2003, C11 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT 2289, A 51-LOT RESIDENTIAL SUBDIVISION AT FULLER R C G 71NUED FROM MAY 6 , 2003
council Mfiv°�
acEnaa Repout �
CITY OF SAN LUIS OBISPO `�
FROM: Michael D. McCluskey, Public Works Director4
Prepared By: Robert Livick, Interim.Supervising Civil Engineer
It-
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT
2289, A 51-LOT RESIDENTIAL SUBDIVISION AT FULLER RD.
AND LARKSPUR STREET; R.W. HERTEL AND SONS, INC.,
SUBDIVIDER. - — - -- --
CAO RECOMMENDATION
Adopt resolution (Attachment 1).accepting the public improvements, releasing bonds for Tract
2289 (Vicinity Map, Attachment 2).
DISCUSSION
The required subdivision improvements approved with the tentative map, per Resolution No.
8957 (1999 Series) approved August 17, 1999 (Attachment 3), have been completed to City
standards and specifications. The subdivider has requested acceptance of the public
improvements by the City and release of the respective sureties. Public improvements included a
bridge on Fuller Road, storm drains, sewer, water and typical utility company mains and services
and frontage improvements (curb, gutter and sidewalk). Sidewalk extends offsite from this tract
to Broad Street, on the south side of Fuller Road. Completion of the remaining frontage
improvements on the north side will be completed with development of the respective adjacent
parcels.
The final map for Tract 2289 was approved, per Resolution No. 9148 (2001 Series), on February 6,
2001 ,(Attachment 4). Included with the final map approval was a subdivision agreement that
allowed the Subdivision Labor and Materials and the Faithful Performance bonds to be released
upon City Council acceptance of the subdivision improvements and upon receipt of a guarantee for
ten percent of the cost of the public improvements. The cost of the public improvements was
estimated to be$950,000.The subdivider has provided a surety bond in the amount of$95,000.
This guarantee is to insure that the subdivider will remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements occurring
within twelve(12)months after subdivision acceptance,in accordance with City Council Resolution
9148 (2001 Series) and Sections 66499.7 and 66499.9 of the Government Code of the State of
California.
CONCURRENCES
The Community Development Director concurs with the recommended action.
Council Agenda Report—Final Acceptance of Tract 2289
Page 2 .
FISCAL IMPACT
Typical maintenance and operation of public facilities will be required for street, sidewalk, sewer
and water infrastructure. The cost for maintenance and operation of the sewer and water facilities
will be offset by the monthly service charges. The costs for street maintenance and other non-
enterprise fund items such as park services, fire protection and police protection are general fund
costs.
ALTERNATIVES
Option 1: Deny acceptance of the public improvements if the Council finds that any conditions
have not been satisfactorily met.
Attachments
1 -.Draft resolution
2 - Vicinity Map
3 - Resolution No. 8957 (1999 Series)
4 - Resolution No. 9148 (2001 Series)
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Attachment 1
RESOLUTION NO. (2003 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2289
WHEREAS,the City Council made certain findings concerning Tract 2289, as
prescribed in Resolution No. 8957 (1999 Series); and
WHEREAS,the City Council approved the final map for Tract 2289 per
Resolution No. 9148 (2001 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2289, 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. 2289. The current Faithful Performance surety is hereby reduced to
$95,000, 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.
On motion of , seconded by
and on the following roll call voter
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this_day of , 2003.
ATTEST:
Mayor David F.Romero
City Clerk Lee Price
Ap v d as il�
orm
ctmgity Attorney Gil Trujillo
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Attachment 3-1
RESOLUTION NO. 8957(1999 Series)
A RESOLUTION OF THE COUNCIL, OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 166-98,SUBDIVIDING A 14.66-
ACRE SITE INTO 46 RESIDENTIAL PARCELS AND OTHER OPEN SPACE AND
DETENTION_ BASIN LOTS AT THE SOUTHEAST CORNER OF FULLER ROAD AND
BROAD STREET (TR 166-98, County File No. 3289)
WHEREAS, the Planning Commission conducted a public hearing on April 14, 1999
and recommended approval of Vesting Tentative Tract Map TR 166-98; and
WHEREAS, the City Council conducted a public hearing on June 15 and August 17,
1999 and has considered testimony of other interested parties, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Edna-Islay Specific Plan, the Zoning Regulations, and other applicable City
ordinances; and
WHEREAS, the City Council lois considered the draft Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the Planning
Commission.
BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgement of the City Council. The Council
hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation
measures into the project:
1. A detailed soils engineering report shall to be submitted as part of the grading and building
permit applications. The soils report shall include: data regarding the nature, distribution
and strength of the existing soils, conclusions and recommendations for grading procedures
including such recommendations to ensure that there are no impacts to the creek, and design
criteria for corrective measures, when necessary. Grading and building must be designed and
performed in compliance with the soils engineering report.
2. The subdivider shall provide the Director of Public Works with a detailed hydraulic analysis
which indicates how the project drainage facilities will be developed to meet City standards
that ensure the proposed development will not significantly impact adjacent and downstream
properties.
The analysis.must address and identify:
The existing public and private drainage facilities and creek capacities in order to provide
design criteria that meet City standards. The proposed development shall not create a
situation which increases flooding potential downstream..
Attachment 3-2
Resolution No. 8957 (1999 Series)
Page 2
situation which increases flooding potential downstream.
The subdivider shall identify any areas within the project subject to inundation during a 100-
yr storm and process and complete a Federal Emergency Management Agency Letter of Map
Revision (LOMR) to include this property on the City's Flood Insurance Rate Map prior to
final acceptance of the development, to the satisfaction of the Director of Public Works. Any
lots subject to flooding during a 100-yr storm shall be graded to provide minimum pad
elevations at least I foot above the 100-yr storm elevation, to the satisfaction of the Director
of Public Works. The areas subject to flooding shall be noted on the final map.
3. The property owner shall grant an avigation easement to the County of San Luis Obispo via
an avigation easement document prepared by the County.
4. Prior to the issuance of a building permit, the applicant shall mitigate the loss of Congdon's
tarplant habitat through a transplanting program approved by the Natural Resources Manager
or by participation in a City initiated program to maintain plants (transplanted by seed from
the adjoining Goldenrod Annexation .site) and experiment with habitat management
techniques at the City's Wastewater Treatment Plant.
b. A pre-construction clearance survey shall be conducted by a qualified biologist prior to
ground disturbance to assure that Western Pond turtles are not present within the construction
zone. if turtles are found, the turtles shall be removed out of the construction zone and
placed in a safe,suitable habitat within the lower creek.
6. An educational brochure or other materials shall be provided to each of the households within
the development that will provide information regarding the correct procedures for protecting
the Western Pond turtles. Background information may be obtained from the Final Report of
the Arbors at Islay Hill Southwestern Pond Turtle Study,Hunt and Bowland,March 1995.
7. A specific contact person shall be designated, either a resident within the development or
someone with an appropriate agency. The name and telephone number of the contact person
should be provided to all residents of the development, and included in the educational
information and on any signs regarding the turtle habitat. The contact person should be
encouraged to maintain records of turtle sightings, including the specific location and
circumstances of the sightings and explanation of what, if any, action was taken. Turtle
harassment must be reported to the California Department of Fish and Game.
8. All residents should be discouraged from using invasive non-native plants in the landscaping
areas adjacent to the creeks.
9. To ensure protection of the creek corridor, prior to the issuance of a grading permit the
applicant shall mark the edge of grading with snow fencing to the satisfaction of the Natural
Resources Manager.
10. Site development shall include a solid waste recycling plan for recycling discarded building
materials such as concrete, drywall, wood and metals from the construction site. The plans
CI l-Le
Attachment 3-3
Resolution No. 8957 (1999 Series)
Page 3
must be submitted for approval by the Community Development Director prior to building
permit issuance.
11. The final project shall be designed to include interior and exterior recycling.
12. All graded surfaces shall be wetted, protected or contained in such a manner as to prevent
dust or spill upon any adjoining property or street. The following measures shall constitute
the project's dust management plan and shall remain in effect during all phases of project
construction:
a. Regular wetting of roads and graded areas (at least twice daily with complete
coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 m.p.h.;
c. Cessation of grading activities during periods of winds over 25 m.p.h;
d. Direct application of water on material being excavated and/or transported on-site or
off-site;
e. Watering material stockpiles;
f. Periodic wash-downs or mechanical.street sweeping of streets in the vicinity of the
site; and
g. Non-potable water is to be used in all construction and dust-control work.
SECTION 2. Findinim That this Council, after consideration of the Vesting Tentative
Tract Map TR 166-98 and the Planning Commission's recommendations, staff
recommendations,public testimony,and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the General
Plan and the Edna-Islay Specific Plan which call for single family residential development
and circulation connections (Fuller Road, the pedestrian bridge and creekside bike path) in
this area.
2. The site is physically suited for the type/density of development allowed in the R-1-SP zone.
3. As conditioned, 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. An initial study of environmental impacts was prepared by the Community Development
Department on March 27, 1999, describing potential environmental impacts associated with
the subdivision of the property. The initial study concludes that with mitigation measures,
the project will not have a significant adverse impact on the environment.
SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map for
TR 166-98 (Tract 2289)is approved subject to the following conditions and code requirements:
(Tentative Map Conditions)
1. Off-site dedication of property for public right of way purposes is required to facilitate full
C11 -
Attachment 34
Resolution No. 8957 (1999 Series)
Page 4
street improvements for Fuller Road except under the existing storage building as shown on
the Tract 2289 Road Exhibit. The dedication shall also accommodate any existing wells.
The subdivider shall exhaust all avenues available to acquire said public R/W dedication. If
the subdivider cannot obtain the property as public R/W, the City Council shall lend the
subdivider its powers for condemnation to acquire the off-site R/W dedication, including any
necessary slope and drainage easements. If condemnation is required, the subdivider shall
pay all costs associated with the off-site R/W acquisition (including attorneys and court
costs).
2. The subdivider shall design and install (at its ultimate location) a new bridge over Lower Fork
Creek on Fuller Road. The new bridge shall provide a City standard sidewalk, curb and gutter
on each side and four 6" conduit sleeves (two on each side) in addition to that which is
necessary for gas electric, telephone and cable TV, to the satisfaction of the Director of Public
Works. If requested by the subdivider, a reimbursement agreement can be created that requires
adjacent developments to pay a pro-rata share of the actual bridge costs.
3. The design of the emergency vehicle turn-around on Goldenrod Lane shall be acceptable to the
Fire Chief,Community Development Director and Director of Public Works.
4. If the properties fronting on Broad Street remain within the tract boundaries, vehicular access
rights along Broad Street shall be dedicated to the City, except at existing driveways.
5. Vehicular access rights on Fuller Road shall be dedicated to the City.
6. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each
lot. The subdivider shall also dedicate a 3m wide street tree easement across the frontage of
each lot. The overlapping easements shall be adjacent to and contiguous with all public right
of way lines bordering each lot.
7. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works. The design of said lighting systems shall be coordinated by the
developer between the City and PG&E so as to minimize the amount of City owned conduit
and wiring system,to the,satisfactionof the Director of Public Works. .
8. All internal streets shall be designed with 17m of R/W, l Irn curb to curb and a 3m parkway
on each side.The structural street sections shall be designed using a TI=7.0.
9. Sewer lift station charges shall be paid prior to recordation of the final map as determined by
the Utilities Engineer.
10. The final grades and alignments of all public water, sewer and storm drains (including
service laterals, meters, fire hydrants, etc.) are subject to change to the satisfaction of the
Director of Public Works and Utilities Engineer.
11. The City will participate in any line up-sizing of public water mains(increases above the size
Attachment 3=5
Resolution No. 8957 (1999 Series)
Page 5
required to provide fire flow or the City's 8" minimum,whichever is larger).
12. A gravity sewer system shall be designed and constructed to serve this development that will
connect to an existing manhole in Broad St. (State Hwy. 227) at El Capitan or other location
determined by the Utilities Director that will be compatible with the master sewer plan for
the Airport Annexation Area. Creek crossings shall include properly designed sewer siphons
and/or culverted crossings, subject to approval by the respective jurisdictional agencies.
An alternative design may be allowed, at the discretion of the Utilities Director. Use of the .
County Airport lift station in Fiero Lane would be allowed only if it is determined to be in an
appropriate location and needed to serve this area of the City (within the Urban Reserve
Line). This would be subject to acceptable modifications to the existing agreement between.
the County and the City that would transfer ownership of the lift station and force main to the
City to serve the tributary area. Any required retrofitting and/or refurbishment of the existing
lift station and force main to serve this tract and other tributary areas, as determined by the
Utilities Director, and preservation of the capacity allocated to the County to serve the
County Airport per the existing agreement, shall be incorporated into the project plans. If an
acceptable modification to the existing agreement between the City and the County cannot be
reached, a new lift station may be required at a location agreeable to the Utilities Director.
The Utilities Director reserves the right to decide which of the above alternatives is the most
beneficial and feasible to serve this general area, based on the final AirportAnnexation Area
Sewage Master Plan.
The subdivider shall be entitled to reimbursement for any excess costs associated with any
over-sizing of sewer mains, retrofitting of the existing County sewer lift station and force
main or a new lift station, where such greater capacity is required by the City, in accordance
with City regulations.
13. All bridging, culverts and modifications to the existing creek channels shall be in compliance
with the City's Flood Management Policy Book (specifically regarding clear spanning of
creeks, etc.) and approved by the Director of Public Works, Corp. of Engineers and Fish &
Game and must meet City standards and policies.
14. Any necessary clearing of existing creek and drainage channels, including any tree pruning
or removals, and any necessary erosion repairs shall be done to the satisfaction of the
Director of Public Works, Natural Resources Manager, Corp. of Engineers and the.Dept. of
Fish & Game.
15. All lots shall be graded to preclude cross-lot drainage, to the satisfaction of the Director of
Public Works.
16. The final plans shall show a bike path connection between the western end of"A" St. and the
creek side bike path. A curb ramp(with bollards)shall be installed to facilitate this connection.
1 Attachment 3-6
Resolution No. 8957 (1999 Series)
Page 6
17. Bike path improvements shall be consistent with the Edna-Islay Specific Plan and the
existing bike path improvements for Tract 1750. The bike path and pedestrian bridge shall be
owned and maintained by the Home Owners Association.
18. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal 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. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the Director of Public Works.
The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final map
where necessary (e.g.- all record data shall be entered on the map in the record units, metric
translations should be in parenthesis), to the approval of the Director of Public Works.
1.9. All development of this site shall be consistent with the Edna-Islay Specific Plan, except as
approved by the City Council.
20. Manholes shall be shown on improvement plans in lieu of clean outs.
21. The subdivision shall be annexed to the Santa Lucia Homeowners Association. If
annexation is not supported by a majority of the Santa Lucia Homeowners Association, the
developer shall create a homeowners association for this subdivision.
22. The applicant shall process a lot line adjustment separating the residential portion of the
subdivision from the existing commercial area. The property line separating these two areas
shall be approximately the centerline of the creek.
23. The creek areas shall be delineated as separate lots and shall be dedicated to the City with
appropriate access, as determined by the Director of Public Works.
24. All detention basins and related improvements shall be located within lots separate from the
creek lot and shall be owned and maintained by the Homeowners Association.
25. The proposed detention basins shall be graded in such a way as to look natural, rather than
manufactured. The applicant shall make every effort to design the basins so they do not
require fencing. If fencing is necessary, the fencing design shall be approved by the
Community Development Director and/or Architectural Review Commission.
26. Access to the northern basin should be from Fuller Road. Access to the southern basin
should be from Goldenrod Lane, to the satisfaction of the Natural Resources Manager and
Attachment 3-7
Resolution No. 8957 (1999 Series)
Page 7
Public Works Director..
27. Access road and Fire Department turnaround surface material shall be grasscrete or similar
material approved by the Director of Public Works; the Communitv Develonment Director,
Fire Chief and Natural Resources Manager.
28. Lots 41, 42, 43, and 44 shall be accessed via a private common driveway with appropriate
easement and maintenance agreement.
29. To the maximum extent feasible, all construction traffic shall be routed front Broad Street
via Fuller Road.
31. The tentative map shows drainage improvements extending oft-site into the creek on the
adjacent property located to the south. The drainage system for this development shall be
contained within the limits of the subdivision boundaries.
32. The existing London Plane Tree located in the vicinity of Lot 28 shall be located on project
development plans and preserved as a site amenity.
33. As a part of the architectural review process, the Architectural Review Commission shall
review the project's proposed fencing, pedestrian bridge, bikepath (including accessway from
pedestrian bridge to Goldenrod Lane) and streetscape design. Fencing on Fuller Road and
Larkspur Street shall not be located or designed in such a way that the development appears
to tum its back to the street. In addition, fencing at these locations shall include operable
gates to allow for property owner maintenance of these areas.
34. The developer shall disclose to potential purchasers of lots that the neighboring property is
zoned Service-Commercial (C-S) and provide potential purchasers with a list of C-S allowed.
uses.
35. The subdivider shall provide a pedestrian bridge (and connecting pathways) crossing Middle
Fork Creek, to the satisfaction of the Public Works Director,Natural Resources Manager, and
Community Development Director. The bridge shall be elevated above the creek consistent
with City standards.
36. The sidewalk on the south side of Fuller Road shall be extended to Broad Street.
37. Caltrans shall review and approve any proposed improvements to the intersection of Broad
Street and Fuller Road.
38. On-street parking shall be eliminated on the south side of Goldenrod Lane west of the Fire
Department.turn-around where housing on the south side of the street is no longer proposed.
Landscaping and split-rail fencing shall be located behind the sidewalk in this area.
39. The applicant shall work with City staff to incorporate traffic calming measures (ie.
J Ct[ -C1
C - Attachment 3-8
Resolution No. 8957 (1999 Series)
Page 8
bulbouts) into the Fuller Road design at the intersections of Larkspur Street and"A" Street.
(Code Requirements)
1. Architectural review is required for the design and location of the new homes and fencing in
the subdivision.
2. As required by the City's Creek Setback Ordinance, no structures (except approved property
line fencing with an open design) shall be placed within 20 feet from top of bank of edge of
riparian vegetation,whichever is greater.
3. General construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of five or more acres. Storm water discharges of less than five
acres, but which is part of a larger common plan of development or sale, also require a
permit. Permits are required until the construction is complete. To be covered by a General
Construction Activity Permit, the owner(s) of land where construction activity occurs must
submit a completed "Notice of Intent' (NOI) form, with the appropriate fee, to the State
Water Board.
4. Complete street improvements shall be constructed in accordance with the most current City
regulations, Standard Engineering Details and Standard Specifications (6' wide integral curb,
gutter sidewalk & driveway ramps, full street pavement, signing, striping, street lighting,
barricades, etc.).
5. Street trees shall be planted in accordance with City Standards and Policies at the time of
development of each lot, to the satisfaction of the City Arborist and Natural Resources
Manager. Species shall be Cape Chestnut,Honey Locust, New Zealand Christmas Tree, and
Coast Live Oak. Street trees located on the south side of Goldenrod Lane adjacent to the City
open space shall be riparian in nature and approved by the Natural Resources Manager.
6. The applicant shall pay park-in lieu fees consistent with .SLO Municipal Code Section
16.40.080.
7. Streets must be named as part of the final map approval process. The subdivider shall submit
a minimum of three street names for review by the Community Development Department, in
accordance with the Street Name and Address Regulations.
Upon motion of Mayor Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Marx,Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
C; Attachment 3-9
Resolution No. 8957 (1999 Series)
Page 9
The foregoing resolution was adopted this l 7th day of August, 1999.
i
Mayor llen Settle
ATTEST: /
Lee Price,City Clerk
APPROVED AS TO FORM:
Jor nsenr At mey
Cl r `
Attachment 4-1
RESOLUTION NO.9148 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANLUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO.2289
WHEREAS,the City Council made certain findings concerning Tract 2889,as
described in Resolution No. 8957(1999 Series),and
WHEREAS,the subdivider has submitted Letters of Credit in the amounts of$950,000
(Faithful Performance) and$475,000(Labor&Materials) to guarantee installation of the required
subdivision improvements,per approved plans; and all fees have been received,as listed in the
attached subdivision agreement,marked"Exhibit A'; and
WHEREAS,the required offsite rights of way for the Blair/Wisberg parcels along the north
side of Fuller Road,as required per Condition 1 of the aforesaid resolution;will be acquired either
via direct acquisition by the Developer or by negotiation and/or use of eminent domain by the City
Attorney, and
WHEREAS,the Santa Lucia Hills Homeowners Association has denied annexation of this
tract into that association, and anew association(The Willows at Islay Hills Owners Association)
has been formed,as provided for in Condition 21 of the aforesaid resolution, and
WHEREAS,all other conditions required per said Resolution No. 8957(1999
Series)have been met or are otherwise guaranteed, and
WHEREAS,the subdivider has requested reimbursement for service connections to sewer
and water mains constructed in Fuller Rd. and for a share of the cost of the new bridge in Fuller Rd.
by any non-participating property owners,pursuant to City regulations.
NOW,THEREFORE,BE IT RESOLVED that the final map for Tract No. 2889 has
been found to be in substantial compliance with the vesting tentative map and final map approval
is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement and accept
the deed for the creek lot(Lot 49).
If not successfully acquired by the Developer,the City Attorney is hereby directed to negotiate with
the owners of the offsite Fuller Road right-of-way parcels(Blair/Wisberg)to acquire said parcels
on behalf of the subdivider and/or shall commence eminent domain proceedings,in accordance
with California Government Code Section 66462.5 and the attached"Exhibit A"if acquisition is
acquired under reasonable terms,at the discretion of the City Attorney.
The Public Works Director is authorized to approve a reimbursement agreement with the
subdivider,pursuant to tentative map Conditions 2, 11 and 12,as appropriate,subject to submittal
of a"Letter of Participation"by the subdivider and other supporting documents,in accordance with
City regulations.
R 9148
Cts= c
Resolution No. 9148 (' - Series) Attachment 4-2
Paget
On motion of Council.Member Schwartz, seconded by Council Member Marx and on the
following roll call vote:
AYES: Council Members Marx,Mulholland, Schwartz, Vice Mayor Ewan,and
Mayor Settle
NOES: Nonc
ABSENT: None
The foregoing resolution was passed and adopted this a day of February 2001.
MAYOR Alen . Settle
ATTEST:
��ro CITYCLERK Lee Price
Approved as to Form:
7`T Y Je ey G.Jorgensen
r
- 0A
�< Attachment 4-3
1:xhibit A
�,Iti
Resolution No. 9148
i�chr .91 A
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 13th day of Feor uAf 2006 by and
between Goldenrod, LLC, a Califomia Limited Liability Company 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 2289, City of San Luis Obispo,
California, as approved by the City Council on the tom day of Fedcuar� 200 .
The Subdivider desires that said Tract No.2289 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 Code), 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. 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
Ahibit A
esolution no.';9148
Pg. 2
Attachment 4-4
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 fines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
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 (1 8) 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
CA t r
Resolution No. 9148
O
'exhibit A
Page 3 Attachment 4-5
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 comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land 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 $950,000.00 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
C� �l esolution No. 9148•
hibit A
�I-gg. 4 Attachment 4-6
improvements or waive any defects in the same or any breach of this agreement.
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 has deposited with the City a labor and materials bond in the
amount of 50%of the above described subdivision improvements ($475,000) in
accordance with State law .
Said Subdivider has paid an inspection fee of$59;333.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
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.
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.
� Resolution No.
9248
Exhibit A
1g• 5 Attachment 4-7
IN WITNESS WHEREOF,this'agreement has been executed by:
CITY OF SAN LUIS O SPO SUBDIVIDER
Goldenrod LLC
a Califomia Limited Liability Company
MAYOR Allen X,Zettle
A S
CITY CLERK Lee Price
APPROVED AS TO FORM:
4.f �
TTRN7 J rey G. Jorgensen
APPROVED AS TO CONTENT
C TY PUBLIC WOFIKS DIRECTOR
a California limited III ity ompany,
ABy. r
er, ce President
Date: /y-
41 'esolution No. 9148'
exhibit A
Pg.
6 Attachment 4-8
MWIBIT i
TRACT 2289
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4,500.00 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 that they have
completed the work and have been paid.
2 . Park-in-lieu fees and sewer lift station fees have been paid,
as listed in the attached EXHIBIT 2 .
3 . Plater and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. Traffic impact fees shall be paid at time of building permits
through the Community Development Department per the fee schedule
in effect at that time
5. The Subdivider shall install landscaping and fencing in
detention and bike and pedestrian path areas (lots 50 and 51) per
the approved landscape and site plans and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements . He shall also make provisions for
the Homeowners Association to maintain the landscaping :in the
detention basins and bike path areas and the pedestrian bridge.
6. The detention basins on Lots 47 and 48 shall be owned and
maintained by the Homeowners Association in accordance with
condition 24 of Council Resolution No. 8957 (1999 Series) and
C.C.&R. annexation being recorded with the final map.
7. Lot 49 is being dedicated to the City .in fee for creek and open
space purposes. The subdivider is responsible for installation of
the culvert and erosion protection, maintenance and guarantee etc
per the plans and current edition of city standard specifications.
8. The subdivider shall inform home buyers of the need to preserve
turtles and avoid non-native plants per Mitigation Measures 6, 7
and 8 of Council Resolution No. 8957 (1999 Series) . Information to
be given to the home buyers via a homeowners manual and included
in the public report with the C.C.& Rs.
9. The subdivider shall be responsible for all costs of right-of-
way acquisition including condemnation proceedings if necessary
for Fuller Road per Condition 1 of Council Resolution No. 8957
(1999 Series) .
• Resoltion N0. 9148
, attachment 4-9
10 . The subdivider is entitled to reimbursement for sewer and
water mains that serve non-participating properties in accordance
with city regulations.
11 . The subdivider is entitled to reimbursement for Fuller Road
bridge per condition 2 and city regulations.
Resolution No. 9148
C4hbt A .
age 8Attachment 4-10
EXEMBIT 2
TRACT 2289
THE WILLOWS/ GOLDENROD
FES AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $950, 000 Bond # 3CPB0
Labor & Materials $475, 000 Bond #
(50% of total cost
of improvements)
Monument Guarantee $4, 500 Bond
Erosion Contingency $5, 000 CD 2/11/2000
H.B.
Fees:
Map Check Fee $4,.527 12/7/99
H.B.
Plan check Fee $14, 539 12/07/99
H.B.
Inspection Fee $59, 333 Paid $10, 000 4/6/2000
($1422+6 .1% of $949,354) $49,333 (Paid 6/29/00)
H.B.
Park-in-Lieu Fee $165,324 6/29/00 -
H.B.
/29/00H.B.
Sewer Lift Station Fee $2944 .09 6/29/00
($131.55 X 3 X 7 .46 Acres) H.B.
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2289 Subdivision AgreemenL
- (,li-
RED FILE
MEETING AGENDA
DAT O ITEM #.=
council mEmomn6um
May 16, 2003
To: City Council
Via: Ken Hampian, City Administrative Officer
o"'��
From: Michael D. McCluskey, P.E. —Public Works Director
Prepared by: Robert Livick, P.E. -Supervising Civil Engineer
Subject: Tract 2289—Acceptance of Public Improvements: Response to Drainage Complaint
from the property owner at 4303 Larkspur St—Lot 12, Tract 2289 (Jean and Michael
Weeks).
At the May 6, 2003 Council meeting, staff recommended.acceptance of public improvements for
Tract 2289 (The Willows In. At that meeting two members of the public (Jean Weeks and
Charles Miller) spoke recommending that the City not accept the public improvements at this
time due to problems with their lots. It was determined that the problems with Mr. Miller's lot
was clearly an on-site issue and did not affect the public right-of-way, but it was less clear that
the drainage problem that Ms. Weeks presented was an issue that could effect the public
improvements. Based on a staff recommendation, Council continued the acceptance of Tract
2289 public improvements and asked staff to investigate the issue and return to Council on May
20, 2003 for consideration.
On May 12, 2003 Rob Livick,Interim Supervising Civil Engineer, met with Michael and Jean
Weeks, along with representatives from R.W. Hertel and their engineer(RRM Design Group) to
inspect their site and determine whether the drainage problems Jean Weeks presented to Council
had any connection with the acceptance of public improvements. After inspecting the site and
discussing the problems with the Weeks', staff have concluded that the drainage problems are a
private on-site problem and have no impact on the public improvements.
The field meeting resulted in R.W. Hertel staff directing RRM to prepare a plan to correct the
drainage problems. Once the plan is complete, R.W. Hertel's subcontractors will be working
with the Weeks' to make the required drainage corrections. We anticipate that these corrections
will include minor grading the installation of additional onsite subsurface drainage piping to pick
up roof downspouts and water that is currently trapped behind a site wall.
In conclusion, therefore, staff continues to recommend that the City accepts the public
improvements for Tract 2289.
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