HomeMy WebLinkAbout01/03/1989, C-6 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1181 AT 2221 KING STREET, O 40-UNIT RESIDENTIAL AIR MEEnNG DATE
�i11fl� uY�lll �� city of San Luis oBispo Jan. 3, 1989
HNA, COUNCIL AGENDA REPORT lTw N -
FROM:
-- David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil Engineer _
SUBJECT: / ,y/
Acceptance of Public Improvements for Tract No. 1181 at 2221 King Street, a
40-Unit Residential Airspace Condominium Subdivision
(Gann Investments, Subdivider)
CAO RECOMMENDATION:
Adopt Resolution Accepting Public. Improvements For Tract No. 1181 .
DISCUSSION:
1 . Prior Approvals:
a. Tentative Map Approved 2-19-85 per Resolution No. 5624 (1985 Series).
b. Final Map Approved 7-7-87 per Resolution No. 6247 (1987 Series).
2. Description of Improvements:
Public water system, private sewer system, private driveways and public
utilities.
3. Bonds on File:
a. Faithful Performance: $ 110, 000.00 (Letter of Credit)
b. Labor & Materials: $ 55,000.00 (Letter of Credit)
c. Monumentation: $ 250.00 (cash)
All subdivision improvements have been satisfactorily completed and the
subdivider has asked the City to accept the public improvements and to
release the surety in accordance with the subdivision agreement.
FISCAL IMPACTS:
No direct impacts other than maintenance of the public water main and fire
hydrants.
SIGNIFICANT IMPACTS:
None.
ALTERNATIVES:
Option 1 : Adopt resolution accepting public improvements.
Option 2: Deny acceptance if Council finds any conditions have not been
satisfactorily met.
I�� �i�u�ll�Pb1�►�I�IU MY Of sar i tins OBISPO
A01190 COUNCIL AGENDA REPORT
Tract No. 1181
Meeting of January 3, 1989
Page Two
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommendation. No department has expressed opposition.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
Subdivider would have to maintain bonding for work already completed to city
standards and specifications.
RECOMMENDATION:
Adopt Resolution Accepting Public Improvements For Tract No. 1181 .
Attachments:
1 - Draft Resolution
2 - Map i
3 - Checklist
4 - Subdivision Agreement
5 - Resolution No. 5624 (1985 Series)
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RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT NO. 1181
2221 KING STREET (GANN INVESTMENTS, SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No. 1181
and as contained in Resolution No. 5624 (1985. Series), and
WHEREAS, all conditions required per Resolution No. 5624 (1985 Series) hove
been met, and
WHEREAS, all subdivision improvements have been constructed to City
standards,
NOW THEREFORE BE IT RESOLVED that the public improvements (water main and
appurtenances) are hereby accepted and the surety is hereby released in
accordance with the subdivision agreement.
On motion of seconded by
and on the following roll call vote:.
C AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
MAYOR
ATTEST:
CITY CLERK
M M M M M M M M
I; I
Resolution No. (1989 Series)
Page Two
APPROVED:
City A inistrative Officer
Public Works� Director
Community Development Director
APPROVED AS TO FORM:
City At rney
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city of san tins oBispo
FINAL ACCEPTANCE CHECKLIST,
PROJECT NAME Parkside Condominium Project
1I DESCRIPTION 40 Unit Residential Condominium Project at 1181 King Street J
J MAP NUMBER TR 1181 SPECIFIC PLAN REZONING GEN. PLAN f
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
d DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting E retaining wall;—PF-
2
atts 2 STORM DRAINS b DRAINAGE. STRUCTURES installed (f, IL1744S
3 SEWERS d SERVICES installed and tested / 6:rr0u ,' W isa,:T4e..- Z7
4 WATERLINES 6 SERVICES installed and tested S-13-(rr
5 FIRE HYDRANTS installed and tested -134-r
6 CONCRETE installed and approved
Curbs and Gutters
Sidewalks _77-6-13-{t
Driveways
7 STREET L PAVING installed and approved 3��
Properly installed and sealed 7 T'
Cleaned �3.
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.E E. -- Final letter received /
Street lights installed, operating, letter sent ,:-srt w6t,c Snrstr
Cable TV -- Final letter received
Telephone Co.-- Final letter received G p
Gas Company -- Final letter received 3—C 8c4
9 AS-BUILT PLANS received and approved
10 PUBLIC IMPROVEMENTS payments received -Al ,
11 AGREEMENT CONDITIONS have been met 1211$41$
12 MONUMENTATION coplete (! 3.j
13 STREET TREES Planted 1164aleg
14 OFF-SITE WORK completed L It-11,01
15 1 BOND/GUARANTEE deposited
161 8&AR Deposit Account Statue
.5-0 is TL STS T/7"
**Funds Encumbered for Signs. etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
6 Age-
18 PLANNING COHM ISSION �
19 ARCHITECTURAL REVIEW COMIIS_SIO_N e
20 CITY COUNCIL a
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS 8 SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL
9'81 PUBLIC SERVICES APPROVAL
STANDARD SUBDIVISION AGREEMENT
7th da of Tu1y_ 1967 by and
THIS AGREEMENT is dated this Y
between
R. WAYNE GANN herein
- .
referred to as "Subdivider." and the CITY OF SAN LUIS OBISPO. herein
referred to as the "City.,"
RECITALS
at certain proposed subdivision of real
REFERENCE IS HEREBY MADE to th
property in the City of San Luis Obispo, County of San Luis Obispo, State
of California, a description of which is shown on .final map of Tract 1181 ,
City of San Luis Obispo, California, as approved by the City Council, on
the 7th day of July , 1987
The Subdivider desires that said Tract 11_81 .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
I . CURBS, 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
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 lines 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 (18) 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
2
�.. 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 following conditions
established by the Planning Commission and/or the City Council:
1 . The Subdivider has deposited a monumentation guarantee of $250.00 (cash
deposit) to cover the installation of survey monuments in accordance with
the .approved map and payment for same. Said deposit will be released to
the Subdivider upon receipt by the City of a letter from the Engineer
indicating they have completed the work and have been paid.
2. The. Subdivider shall improve the (common) driveways for the project per the
approved plans as well as extension of respective utilities as subdivision
improvements.
3. Park-in-lieu fees are not required. Full credit was given by dedication of
�. park in Tract 808:
The restoration of lost sectioncorners and retracement of section.
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land. Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
3
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The Subdivider attaches hereto, as an integral part hereof, and as
security for the performance of this agreement, an instrument of creditor
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 $110,000.00, 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 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
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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 agrees to deposit with the City a labor and material
bond in the amount of 50% of the value of the above described subdivision
improvements in accordance with State law.
Said Subdivider has deposited with the. City the sum of $3,300.00 from
which deposit the City will pay the salary and expenses of an inspector or
inspectors to insPect installation of said subdivision improvements and
certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of $3,300.00,
the difference is to be paid by the Subdivider. The City reserves the
sole discretion in determining the amounts to be paid for salary and
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expenses of said inspector or inspectors.
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.
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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.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF S
4AZNLLUIS OBISPO SUBDIVIDER
OR RON DUNIN R. WAYNE GANN
ATTES
CIT CLERK PAM VGES ~'
Approved as to form:
City Att ney
/CitylEngineer
Agr-1181
by
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� RESOLUTION NO. 5624 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1181
(PARKSIDE CONDOMINIUMS) .LOCATED AT 2221 KING STREET
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 1181 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. In accordance with state and city environmental review guidelines, an
initial environmental study (ER 62-84) has been prepared and a
negative declaration was approved by the Director on September 26,
1964.
2. The tentative map is consistent with the general plan and the South
Street Specific Plan..
3. The site is physically suitable for the proposed type and density of
development.
4. Tl�e design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
5. The design of.the subdivision and the type of improvements are not
likely to cause public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements for access through or use of property within
the proposed subdivision.
7. Requirements for parkland dedication have been met in conformance with
the South Street Specific Plan and no additional dedication or in-lieu
fees are required.
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1181 be subject to the following conditions:
1. The main common open space shall include recreation facilities, to the
approval of the Community Development Department.
2. Final map shall be filed and recorded showing a one-lot, air-space
condominium subdivision with one phase of development.
R 56:
Resolution No. 5624 (1985 Series)
Tract 1181 (Parkside Condominiums)
Page 2
3. All units shall be numbered and addressed as per a plan approved by
the Community Development Department.
4. Subdivider shall install address identification and lighted directory
signing at the driveway entrances, to the approval of the Community
Development. Director.
5. Subdivider shall install on-site fire hydrants to the approval of the
Fire Department.
6. All private driveways shall be- improved to a minimum Traffic Index of
4 as approved by the Building Division. Cross utters, curbs, and
spandrels at driveway entries from King Street shall be concrete (not
paving block) and handicap ramps shall be provided in curb returns.
7. Subdivider shall install on-site traffic control devices and curb
markings to the approval of the City Engineer.
8. Subdivider shall install individually metered water service to each
dwelling, via single laterals with manifolds and with meters clustered.
at driveway frontages, unobstructed, to the approval of the City
Engineer. t
9. All sewer lines on-site shall be private and shall be maintained by
the homeowner's association.
10. Water mains shall be. public and shall be within easements to the
approval of the City Engineer:
11. Subdivider shall pay water- acreage charges as determined by the City
Engineer prior to final map approval.
12. Subdivider shall soundproof the interior of the dwelling to 45 dB,
consistent with the. general plan Noise Element.
13. Applicant shall obtain approval for changes to previously approved
grading in the adjacent city park to provide a maximum slope of one
vertical in five- horizontal, or shall remove excess soil from the site
so that no retaining wall will be required along the southern boundary
of the site.
14. Covenants, conditions and restrictions shall be approved by the. City
Attorney and the Cammunity Development Director prior to final map
approval and shall include the following provisions:
Resolution No. 5624 (1985 Series.)
Tract 1181 (Parkside Condoniniums
Page 3
A. Creation of a homeowner's association to enforce the OC&R's and to prw
for perpetual, professional management and maintenance of all ccnmon ar
including utilities, landscaping (including drainage channel) , driveway
lighting, walls, fences, and building exteriors in good condition.
B. Grant to the city the right to maintain common area and building exteri
if the homeowner's association fails to performl and to assess the
homeowner's association for expenses incurred.
C. No parking except in approved, designated spaces.
D. Grant to the city the right to tow away vehicles which are parked in
unauthorized places on a complaint basis.
E. Prohibition of storage or other uses which would conflict with the use
garages for parking purposes.
- E. No outdoor storage of boats, campers, motorhomes, or trailers nor
long-term storage of inoperable vehicles.
e G. No outdoor storage by individual units except in designated storage ar,
H. No change in city-required provisions of the CCS,R's without prior City
Council approval.
I. Homeowner's association shall file with the City Clerk the names and
addresses of all officers of the homeowner's association within 15 day
any change in officers of the association.
15. Subdivides shall install grease and oil trap where collected parking lot
drainage approaches the creek and shall install sign concerning creek
pollution, to the approval of the Cc='-u>_itY Development Department.
16. Subdivider shall install improvements 'in oxnpliance with approved plans for
Tract 781.
on motion of Councilman Griffin seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovey, Setcle and Mayor Billig
NOES: None
r� -
ABSENT: None
On -��
Resolution No. 5624 (1985 Series)
Tract 1181 (Parkside Condominiums)
Page 4
the foregoing resolution was passed and adopted this 19th day of February
1985.
M yo a ante illg
A
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Cit 'Clerk Pame a ges
APPROVED:
e
Assist4q ity Ad<ni istratve Officer
City A orney
2 �
Comm nity Development Director