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HomeMy WebLinkAbout02/15/2005, C9 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401, A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 L Continued from January 18 2005 council Me6,D° - j ac Encu uEpoat mN . Gq� CITY O F SAN LUIS O B I S P O FROM: Jay Walter, P.E. —Public Works Director Prepared By: Robert A. Livick, P.E.—Supervising Civil Engineer SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2401,A 54-LOT RESIDENTIAL SUBDIVISION AT 11955 LOS OSOS VALLEY ROAD [OBISPO ESTATES-LOVR-SLO, LLC (R.W. HERTEL) SUBDIVIDER] CAO RECOMMENDATION Adopt resolution (Attachment 1) accepting the public improvements and releasing the bonds for Tract 2401 (Vicinity Map,Attachment 2). DISCUSSION This item was first brought to City Council on December 7, 2004. After three owners testified during the public comment period regarding alleged construction defects with their homes and debris and silt being deposited on the sidewalk after rains or heavy irrigation, Council directed staff to re-inspect the public improvements, with representatives of the Homeowners Association (HOA) invited to observe the inspection. On January 4, 2005 City staff met with representatives of the subdivider and HOA onsite to conduct the second final inspection. As with the first final inspection, this inspection confirmed that all of the public improvements and common area private improvement, as shown on the public improvement plans, met City standards. The inspection also revealed that the problems with silt and debris washing on to the sidewalk was for the most part the result of heavy rainfall in combination with inadequate landscape maintenance by the new homeowners, i.e. bare soil, inadequate maintenance of onsite drainage features, or poor landscape construction practice. The HOA will be working with the new homeowners to correct this problem. Discussions during the inspection reinforced the requirement for regular maintenance of common area and median landscaping. Consideration of the item was scheduled for January 18, 2005, but the developer requested a continuance to allow additional time to work with homeowners concerning construction problems. The Building & Safety Division has been working with various homeowners and the contractor to correct water intrusion problems at many of the homes. Code enforcement cases have been opened at several addresses, the contractor has obtained building permits for repair work, and complaints have been filed with the State Contractors License Board. Staff will continue to work with all parties to achieve satisfactory remedies. The required subdivision improvements approved with the tentative map, per Resolution No. 9169 (2001 Series) approved April 3, 2001, 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 approximately 2200 linear feet of new public streets (including portions De Vaul Ranch and Tonini Drives along with 1�6 � 1 Final Acceptance of Tract 2401 Page 2 Farrier and Singletree Streets, water, sewer, storm drain and typical utility company mains and services. The final map for Tract 2401 was approved, per Resolution No. 9313 (2002 Series), on May 21, 2002. 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$2,017,000. The subdivider has provided a surety bond in the amount of$201,700. 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 9313 (2002 Series) and Sections 66499,7 and 66499.9 of the Government Code of the State of California. CONCURRENCES Representatives of the HOA met with City staff to observe the second final inspection. As with the first final inspection, this inspection confirmed that all of the public improvements and common area private improvement, as shown on the public improvement plans, met City standards. The HOA representatives concur with this conclusion. FISCAL IMPACT Typical maintenance and operation of public facilities will be required for sidewalk and water infrastructure. The cost for maintenance and operation of the 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. ATTACHMENTS 1 - Resolution 2 -Vicinity Map i:\_council agenda reports\2005 agenda reports\transportation and development review(bochum)\development review(livick)\ficial acceptance of public improvements-tract 2401.doc Attachment 1 RESOLUTION NO. (2005 SERIES) A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO.2401 WHEREAS, the City Council made certain findings concerning Tract 2401, as. prescribed in Resolution No. 9169 (2001 Series); and WHEREAS, the City Council approved the final map for Tract 2401 per Resolution No. 9313 (2002 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2401, 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, BE IT RESOLVED, the City Council hereby accepts the public improvements for Tract No. 2401. The current Faithful Performance surety is hereby reduced to $201,700, 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 vote: AYES: NOES: ABSENT: the foregoing Resolution was adopted this_day of ,2005. ATTEST: Mayor David F. Romero City Clerk Audrey Hooper Approved as to Form: C torney Jonathan P. Lowell i;Lcouncil agenda reports\2005 agenda reports\transportation and development review(bochum)\development review (livick)\final acceptance resolution-tract 2401.d6c t/- -�---r c �,1 Attachment 2 Vicinity Map Tract 2401. "Obispo Estates" r \ r ract 2401 �� "Obispo Estates"