HomeMy WebLinkAbout03/21/1989, C-3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1264 (UNIT 1), A 28 UNIT RESIDENTIAL CONDOMINIUM DE p MEETING DATE:
city of San LIAIS OBISPO _ March 21., 1989
u i COUNCIL AGOVDA REPORT MEM NUMBER:
FROM,:
David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil Engineer
SUBJECT:
Acceptance of Public Improvements for Tract No. 1264 (Unit 1 ), a 28 Unit
Residential Condominium Development at 4100 Poinsettia, (Willowbrook)
(Summerhills Associates, Subdivider)
RECOMMENDATION:
Adopt Resolution Accepting Public Improvemerts for Tract No. 1264 (Unit 1 )
DISCUSSION:
1 . Prior Approvals:
a. Tentative Map Approved on May 20, 1986 per Resolution No. 5967 (1986
Series).
b. Final Map Approved on Feb. 17, 1987 per Resolution No. 6167 (1987
Series).
2. Description of Improvements:
The public improvements consist of an onsite water main, services and 2
fire hydrants. The onsite driveways, sewer and drainage facilities are
private. The offsite improvements were installed previously as conditions
of Tract No. 1235 (Unit 1 ).
All improvements have been satisfactorily completed and the subdivider has
asked the City to accept the public improvements for maintenance and for
release of the surety in accordance with the subdivision agreement.
3. Fiscal Impact:
There are no direct fiscal impacts other thrn normal maintenance of the
water main and appurtenances.
4. Bonds:
a. Faithful Performance: $ 30,000.00 (cn file)
b. Labor & Materials: $ 15,000.00 (! n file)
c. Monumentation: $ 150.00 (cn file)
5. Significant Impacts: None
=,�I� city of San L.JS OBISPO
WMCOUNCIL AGENDA REPORT
Tract No. 1264 (Unit 1 )
Meeting of March 21 , 1989
Page Two
6. Alternatives:
Option 1 : Adopt resolution accepting public improvements.
Option 2. Deny acceptance if the Council finds any conditions have not been
satisfactorily met.
7. Concurrences:
The Community Development Director and City Attorney concur with the
recommendation. No department has expressed any opposition.
S. Consequences Of Not Taking The Recommended Action:
The subdivider would need to maintain bonds for work already completed..
RECOMMENDATION:
Adopt resolution accepting the public improvements for Tract No. 1264 (Unit 1 )
and releasing the surety in accordance with the subdivision agreement.
Attachments:
1 . Draft resolution
2. Map
3. Checklist
4. Subdivision agreement
5. Resolution No. 5967 (1986 Series)
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RESOLUTION NO. (1989 Series)
GA RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1264 (UNIT 1 )
AT 4100 POINSETTIA AVENUE (SUMMERHILL ASSOCIATES, SUBUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No. 1264
and as contained in Resolution No. 5967 (1986 Series), and
WHEREAS, all conditions required of Tract 1964 (Unit 1 ) per said Resolution
No. 5967 (1987 Seeres) have been met,and
WHEREAS, all public improvements have been constructed to City standards
and specifications,
NOW THEREFORE BE IT RESOLVED that the public improvements ore hereby
accepted and the surety is released in accordance with the subdivision
agreement.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
MAYOR
ATTEST:
CITY CLERK
N M N M M M M M
Resolution No. (1989 Series)
Page Two.
APPROVED:
(City A inistrative Officer
City Attorney
Public Works Directov
QC
to
Cammunity telopment Director
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city of San Luis OBlspo
FINACCEPTANCE CHECKLIST
PROJECT NAME Summerhills Condos at Poinsettia
DESCRIPTION 28 Unit Airspace Condo a/t,411000-Poinsettia
MAP NUMBER Tr 1264 - I SPECIFIC PLAN C.-T, REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVE14ENT CONDITIONS
a DESCRIPTION INITIAL DATE_ COMMENTS
1 GRADING complete including planting 6 retaining walls
2 STORM DRAINS 3 DRAINAGE. STRUCTURES installed '•
3 SEWERS 3 SERVICES installed and tested
4 WATERLINES 6 SERVICES installed and tested
5 FIRE HYDRANTS installed and tested to
6 CONCRETE installed,and approved
Curbs and Gutters
Sidewalks r• ! `�
Driveways Tz IT to 4
7 STREET b PAVING installed and approved
Properly installed and sealed
Cleaned
Signing, striping and curb painting �k#
8 NON-CITY UTILITIES
P.GA 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 a / /rY fit 6S
,
10 PUBLIC IMPROVEMENTS payments received =j
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete <<
13 STREET TREES planted
14 OFF-SITE WORK completed !� `� �•
15 BOND/GUARANTEE deposited IL e-
16 36BO Deposit Account Status t`
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION (; _
19 ARCHITECTURAL REVIEW COMMISSION
20 CITYCOUNCIL
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS S SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPRO L
48I
C.3. 7 PUBLIC SERVICES APPROVAL.
STANDARD SUBDIVISION AGREEMENT
J
THIS AGREEMENT is dated this 17th day of February by and
between SUMMERHILL ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP ,
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 final map of Tract 1264,-
City of San Luis Obispo. California, as approved by .the City Council, on .:
the 17th day of February 19-02,
The Subdivider desires that said Tract 1264 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:
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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 on
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
n and to the plans and specifications on file and approved by said City
�J 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
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Security filed pursuant to this agreement. In this connection, the surety J
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 $150.00 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 complete on-site improvements per Items 3 thru 8 of
Resolution No, 5967 (1986 Series).
3. Park-in-lieu fees are not required for Tract 1.264 since it is a part of
Tract 1235. which dedicated a park for Condition 7 of Resolution No. 5968
(1986 Series).
4. The Subdivider has posted a cash deposit in the amount of $25,130.00 .for a
Y / pro-rata share of a future 12" Bullock Lane waterline. to be installed per
Condition 30 of Resolution 5968 (1986 Series). This deposit will be
released upon installation of said waterline.
5. Subdivider shall provide for payment of $750.00 to the City through escrow
for each dwelling unit as a park development fee. These payments are
payable prior to occupancy releases or property transfers in lieu of filing
liens as prescribed in Condition 14 of Resolution No. 5968 (1986 Series).
Terms and conditions of escrow to be in a form and content satisfactory to
the City Attorney.
6. Fees for water acreage, sewer lift station, and a deposit for transit
system street furniture were paid with Tract 1235 of which this is a part.
Therefore additional fees for these items are not required.
The restoration of lost section corners 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
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 $30,000.00, 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 total public improvements, that amount being deemed
sufficient to guarantee faithful performance by the Subdivider of his
Cobligation 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 above described subdivision improvements
in accordance with State law (507 of $30,000 =• 515,000).
Said Subdivider has deposited with the City the sum of $33,000.00 in
connection with Tract 1235 from which deposit the City will pay the salary
and expenses of an inspector or inspectors .to inspect installation of said
! subdivision improvements in Tract 1264 together with Tract 1235, 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
$33,0 00.00. the difference is to be paid by the Subdivider. The City
reserve's the sole discretion in- determining the amounts to be paid for
salary and 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 apart 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.
5
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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 AN U S 0 PO SUBDIVIDER
SUMMERHILL ASSOCIATES,
MAYOR PRO- ROBER IN A California Limited Partnership
by Santa Lucia Hills,
A California General Partmership
as General P'
ATTE
LoyJO F ch, er Partner'
4� •CI 4 PAMELA VO 5 .,
Charle French
1 ! i .Aproved as- to form: General Partner
City Att ney
City E sneer
Agr-1264
by
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RESOLUTION NO. 59�7 (1986 Series) J
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1264
LOCATED AT 4100 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinps. That this council, after consideration of the tentative map of
Tract 1264 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
I. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna-Islay.
2. The site is physically suited for the type and density of development allowed in a
R-2-SP and C/OS-40-SP zones.
I The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish-or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
casement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that Section 65457 of the
Government. Code exempts residential projects in specific plan areas from
environmental review.
Section 2. Conditions. That the approval of the tentative map for Tract 1264 be
subject to the following conditions:
V� 1. The subdivider shall establish covenants. conditions, and restrictions for the
•�!� regulation of land use control of nuisances and architectural control of all
buildings and facilities. These CC&R's shall be approved by the Community
Development Director and City Attorney and administered by Willowbrook homeowner';
association.
The subdivider shall include the foliowingr provisions in the CC&R's for the Tract:
a. Enforcement of the CC&R's and professional perpetual maintenance of all common
areas, including the detention basin.
b. Professional perpetual maintenance of all public rights-of-way adjacent to tite
tract except_ng _ank F.t_rr. Nord s' 4�1 Ii�,Ni� cgst..o irats�t'or
la - a/�Ivitr-t!�a-�a 1Zca _r�igllt-of.-wsY�
C. No parking on the site except in approved designated spaces. J)
� (/�n>►- ova PocTta.v ocv� Z
J y It 5968
C� Rcsolution No.5967
(1986 Series)
Tract 1264
Page 2-
d.
d. Grant to the City of San Luis Obispo the right to order vehicles parked in
unauthorized places to be towed away on a complaint basis.
c. No outside storage of boats, campers, motorhomes, and trailers, nor long-term
storage of inoperable vehicles.
f. No outside storage by individual units except in designated storage areas.
g. No change in city-required provisions of CC&R's without prior City Council
approval.
h. Homeowner's association shall file with the City Clerk the names and addresses
of all officers of the homeowner's association within 15 days of any change in
membership of the homeowner's association. Said change shall be filed with the
City Clerk.
i. Protection of solar access for all solar collectors.
3. Subdivider shall construct all public improvements shown on the tentative map.
4. Subdivider shall offer for dedication to the city and show on final map:
/5. An casement for creek preservation.
A blanket easement for public utilities serving the site.
7c. Access easements for maintenance of detention basin, to the approval of the City
Engineer, provided that access roads shall be 1Lnpaved or paved with ecoblock.
d. Access and open space easements to the railroad buffers consistent with the
VICL Edna-Islay Specific Plan, to the approval of the Community Development Director.
5. Subdivider shall install separate water meters for each unit.
7`oo IN 6. On-site drainage systems shall be designed to the approval of the Cite Enginccr and
S Chief Building Official.
7. All utilities shall be installed underground to the approval of the City Engineer and
affected utility companies.
8. On-site sewer shall be private.
N. Bike paths shall be shown on the improvement plans, to the approval of the Community
Development Director.
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Resolution No. 5957(1986 Series)
Tract 1264
Page 3
10. Subdivider shall provide plans and bond for the installation of a 12" diameter water
main extending from Bullock Lane to the proposed extension of Tank Farm Road or an
alternative line approved by the city's Utilities Engineer. This water main shall be
to installed prior to development of phase 3 of the Edna-Islay Specific Plan, or when
(JNjo� 386 units have been constructed within the Edna-Islay Specific Plan arca, whichever
t yB�
comes first. Subdivider shall be entitled to reimbursement in accordance with
h chapter 13.04 of the Municipal Code. Acquisition costs for off-site casements shall
be the responsibility of the subdivider. r.
11. Subdivider shall submit for Community Development Di cctor approval a detailed
landscape improvement plan for (l) r7ilroad buffer arca; (2) detention basin; (3)
crock areas adjacent to road crossing. Plan shall be prepared by a licensed
landscape architect and shall be consistent with the concepts and requirements of the
Edna-Islay Specific Plan. Plan shall be implemented in phases to the approval of the
Community Development Director.
12. Construction of the railroad underpass along Tank Farm Road shall be complete prior
to development of "phase 3" of Tract 1264.
13. The subdivider shall submit a hydrology study and calculations for the design of the
proposed drainage facilities within the tract, to the approval of the City Engineer.
14. Any work done in the creek preservation area must be approved by the Community
Development Director and the Department of Fish and Game.
. Final map shall include names for public streets to the approval of the Community
Development Director. If named, private street names shall conform with city street
naming policy to the approval of the Community Development Director.
On motion of Councilman Settleseconded by Councilwoman Dovey and
on the following roll call vote:
AYES: Councilmembers Settle, Dove•, Griffin, Rallm and `i:i}•or Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this20thday of etav 1986.
Ron Dunin
.`.1.T
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City Clerk P:imeln.t�o,,�� 1/