HomeMy WebLinkAbout08/01/1989, C-4 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1150, A 40 LOT RESIDENTIAL SUBDIVISION AT 2877 BROA - MEETING OATS
,iilNfi11111111f W§� city Of San LUIS OBISPO August 1 1989
A
COUNCIL AGENDA REPORT ITEM NUM86i:
FROM:
David F. Romero Wayne A Petelesw Prepared by: Gerald W. Kenny
Public Works Director City Engi feSupervising Civil Engineer ,
SUBJECT:
Acceptance of Public Improvements for Tract No. 1150, a 40 Lot Residential
Subdivision at 2877 Broad St. (John and Carole King, Subdividers)
CAO RECOMMENDATION:
Adopt Resolution Accepting Public Improvements for Tract No. 1150.
BACKGROUND:
1 . Prior Approvals:
a. Tentative Map approved March 6, 1984 per Resolution No. 5322 (1984
Series)
b. Final Map approved Sept. 2, 1987 per Resolution No. 6057 (1986 Series)
2. Description of Improvements:
The public improvements consist of water and sewer mains, water services, street
trees, utilities, landscaping of the City park and street entrances (Rockview
Place at Perkins Lane & Stoneridge Dr. at Broad St. , S'ly side), and drainage
swales along the northerly and southerly boundaries of the Tract. The park and
Lot A (at the entrance to the tract, via Broad Street) were previously dedicated
to the City in fee. The property adjacent to Rockview Place (landscaped) is
also owned by the City.
All public improvements have been completed to City standards and specifications
and the subdivider has asked the City to accept them for maintenance. However,
the subdivider is responsible for maintaining the landscaping within the park
and adjacent to the two street entrances for one year after acceptance, per the
subdivision agreement.
The $52.,500 faithful performance surety (cash deposit) must be held for one year
upon acceptance, as a warranty for the work in c.ccordance with the subdivision
agreement. This amount is 10% of the $525, 000 total cost of improvements; most
improvements were constructed prior to final map approval and relatively few
items were incomplete. A warranty "bond" may be substituted by the subdivider
in lieu of the cash deposit.
FISCAL IMPACTS:
Upon expiration of the one-year maintenance period for the park and entrance
landscaping, the City will assume this responsihility. All other public
improvements will require normal City maintenance from the date of acceptance.
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MIGN COUNCIL AGENDA REPORT
Tract No. 1150
Meeting of August 1 , 1989
Page Two
SIGNIFICANT IMPACTS:
None.
ALTERNATIVES:
Option 1 : Adopt resolution accepting public improvements for Tract No. 1150 .
Option 2: Deny acceptance if the Council finds any conditions have not been
satisfactorily met.
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommendation. No department has expressed opposition.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The subdivider would need to maintain the improvements and cash deposits for a
longer period of time. Further building permits and/or occupancies may be
withheld pending acceptance.
I
ACTION RECOMMENDED:
Adopt resolution accepting the public improvements for Tract No. 1150.
Attachments:
1 - Draft resolution
2 - Map
3 - Checklist
4 - Subdivision Agreement
5 - Resolution No. 5322 (1984 Series)
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RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF .SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1150
AT 2877 BROAD STREET (JOHN & CAROLE KING, SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning Tract No. 1150.
and as contained in Resolution No. 5322 (1984 Series), and
WHEREAS, all conditions required per Resolution No. 5322 (1984 Series) 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 for Tract No.
1150 are hereby accepted by the City for maintenance, except for the
landscaping of the park and Rockview and Broad Street entrances, which are to
be maintained by the subdivider for one year after acceptance. The faithful
performance surety ($52,500 cash deposit) shall be retained as a warranty for
one year in accordance with the subdivision agreement. A warranty bond may be
substituted for the cash deposit..
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:
i
CITY CLERK
Resolution No. (1989 Series)
Page Three.
APPROVED:
QC4ityAdinistrative Officer
City Attorne
Public Works Director
Community Development Director
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city of San Luis OBlspo
= FINAL ACCEPTANCE CHECKLIS
PROJECT NAME 'r
DESCRIPTION 40 � w�
MAP NUMBER `�v SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
r DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting d retaining walls WS IS-Uftu.
2 STORM DRAINS b DRAINAGE. STRUCTURES installed
3 SEWERS 6 SERVICES installed and tested Oo
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4 WATERLINES E SERVICES installed and tested
5 FIRE HYDRANTS installed and tested
6 CONCRETE installed and approved
Curbs and Gutters
Sidewalks
Driveways
7 STREET d PAVING installed and approved CIK I.-W
Properly installed and sealed _ i
Cleaned —
Signing, striping and curb painting y
8 NON-CITY UTILITIES
P.G.3 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-8UILT PLANS received and approved
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete
13 STREET TREES planted Sr
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited
16 iffW Deposit Account Status L
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION -7p-
19 ARCHITECTURAL REVIEW COMMISSION
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20 CITY COUNCIL
21 ABANDONMENTS
22 1 OTHER
ATTACH LIST OF CONDITIONS S SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVALVA .
PURI TC SFRVICFS APPROVAL L/'&7-erz�
A G R E E M E N T
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THIS AGREEMENT dated this 2nd day of September. 1986by and
between _ JOHN E. KING AND CAROLE D. KING , herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that
certain real property in the City of San Luis Obispo. County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1150, City of San Luis Obispo, California, as approved by the. City
Council, on the day of 19_
WHEREAS,the Subdivider desires that said Tract 1150 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances and
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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1 . CURBS, GUTTERS AND SIDEWALKS
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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 g 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
ninety (90) days 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 and/or has paid
the respective fees:
1 . The Subdivider shall deposit a monumentation bond of $1 ,040.00 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 pay water acreage fees of $5,417.00 (4.67 AC x
$1160/AC).
3. The Subdivider shall receive full credit for dedication of a park, per
condition 17 of Resolution No. 5322 (1984 Series).
4. The Subdivider shall be responsible for landscaping the park, and
Stoneridge Drive parkway, according. to the conditions of approval, and
approved plans, and shall be responsible for maintenance for one year after
acceptance of work. as complete.
5. The Subdivider shall purchase right-of-way for and improve Rockview Lane
between Perkins Lane and this subdivision to the approval of the Public
Works Department (Condition No. 11 , Resolution No. 5322 [1984 Series] ).
(Paid 5/8/86)
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines. the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General :Land Office. Department of Interior , Washington, D.C.
3
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, ( instrument of
credit/bond) approved by- and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(instrument of credit/bond) is in the amount of $52,500.00 and which is in
the amount of the estimated cost of remaining 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 664.99.9 of the Government Code of the
State of California. upon final completion and acceptance of the work,
City will require a guarantee bond in the amount of $52,500.00, 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 against any defective work or labor done, or defective
materials furnished, in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as
of 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. then in that event. the Subdivider agrees that City may. at its
option, declare the bond, instrument of credit. or cash deposit, which has
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4
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 agrees to deposit with the City a labor and material
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Airbond/cash
deposit in the amount of $100,000 which amount is deemed
1 n
Csufficient to guarantee payment for labor and materials.
Said Subdivider has deposited with the City the total sum of
$10,000.00 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
$10.000.00, 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 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 Parties hereto that
this agreement shall bind the heirs, executors, administrators, successors
and assigns of the respective Parties to this agreement.
C � 5
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 SAN LUIS OBISPO I
ATT
CI CLERK PAM4VOGES
Approved as to form:
� l
City orney
City Engineer
Agr-1150
by
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RESOLUTION NO. 5322 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1150
(STONERIDGE ONE) LOCATED AT 2877 BROAD 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 1150 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan and specific plans.
2. The design and improvements of the proposed subdivision are consistent with the
general plan and specific plans.
3. The site is physically suitable for the type of development proposed:
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially avoidably injure fish
or wildlike or their habitat.
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
8. The negative declaration filed by the Community Development Director for the
project is appropriate with mitigation measures as follows:
A. All proposed housing units shall be below the gravity flow water service
limit.
B. Houses built on lots 2 through 16 shall incorporate special architectural
features to minimize potential privacy and aesthetic conflits with
adjacent houses to the north on Lawrence Drive.
C. Solar access shall be preserved for all lots to the maximum extent
possible.
D. Drainage easement , detention basin (phase two) , and improvements along the
Lawrence Drive neighborhood boundary shall be per staff's September 10,
1980 initial study recommendation (page 10, item 5) to the approval of the
City Engineer.
R 5322 w�—/
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Resolution No. 5322 ( 1984 Series)
Tract 1150
Page 2
9. The optional subdivision design and improvement standards proposed are
appropriate for this project in that:
A. That the property to be divided is of such size or shape, or is affected
by such topographic conditions, that it is impossible, impractical or
undesirable, in the particular case, to conform to the strict application
of these regulations.
B. That cost to the subdivider of strict or literal compliance with the
regulations is not the sole reason for granting the modification.
C. That the modification will not be detrimental to the public health, safety
and welfare, or be injurious to other properties in the vicinity.
D. That granting the modifications is in accord with the intent and purposes
of these regulations and is consistent with the general plan and other
plans of the city.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1122
be subject to the following conditions:
i
1. Street lighting design should be appropriate to hillside development and shall
be approved by the Architectural Review Commission and City Engineer subject to
acceptance by PG&E of the fixtures and verification by subdivider that no
greater energy costs to the city would result compared with standard street
lights.
2. Subdivider shall extend sewer and water lines to ends of all dead-end streets
to satisfaction of the City Engineer.
3. Subdivider shall install 8" sewer mains in through streets and 6" sewer mains
in cul—de-sac.
4. Subdivider. shall provide public utilities easements to the approval of all
utility companies and City Engineer.
5. Subdivider shall install water lines throughout the tract sized to provide 1000
gallons per minute fire flow at all fire hydrants:
6. Sewer line elevations shall be set to ensure grades to provide sewer capability
to the area west of subdivision shown on General Plan as minor annexation
area.
7. Stoneridge Drive shall include a minimum 4 foot wide parkway ( including any
fencing or retaining wall) along the southerly tract boundary between Broad
Street and easterly boundary of Lot 40. The parkway shall include concrete -
sidewalk, turf stone, or landscaping to be installed by the subdivider to the
approval of the Community Development Director.
Resolution No. 5322 ( 1984 Series)
Tract 1150
Page 3
8. The Stoneridge street section shall be a minimum 36 feet wide at its easterly
portion, (curb-to-curb) with 4 foot sidewalk on the north side. Corner
bulb-outs at project entry shall allow a minimum 30 feet curb-to-curb street
width, to the approval of the City Engineer and Community Development
Director.
9. Subdivider shall :show on the final map a 1 foot wide no access strip along the
southerly tract boundary from Broad Street to the easterly boundary of Lot 40.
10. Subdivider shall extend Rockview Place from tract boundary to Perkins Lane.
Subdivider shall install full street pavement curb, gutter and sidewalk on both
sides of Rockview Place extended.
11. Subdivider shall purchase necessary right-of-way from the City of San Luis
Obispo to extend Rockview Place prior to recordation of the final map. The
remaining portion of city-owned lot shall be landscaped by the subdivider to
the approval of the Community Development Director.
12. Subdivider shall extend Bluerock Drive to westerly line of proposed park. A
1-foot wide no acess strip shall surround the street stub. Subdivider shall
provide full street improvements (curb, gutter, sidewalk and street trees)
across park frontage of said street extension. Proposed park shall be
j contiguous with the westerly boundary of Lot 27 with compensating reduction in
area on the northwesterly side of the park.
13. Subdivider shall relocate access road to city water tank and provide surface
treatment on said road equal to existing surface, to the satisfaction of the
City Engineer.
14. Subdivider shall dedicate a 1 ft. no access strip at the ends of all dead end
streets.
15. Subdivider shall construct above-ground drains for lots 1 through 13 and 2.7
through 37 to the approval of the City Engineer, consistent with Exhibit B. A
10-ft. drainage easement shall be granted to the city over said drains.
16. Subdivider shall obtain prior permission from State Department of
Transportation to allow drainage to the Broad Street storm drain. If
permission is not granted, affected lots shall remain in open space unless an
Alternate provision to drain the lots is approved by the City Engineer.
17. Subdivider shall grant an irrevocable offer to dedicate to the city the
proposed park 0.5 acres) . Subdivider shall improve park with turf ground
cover and automatic sprinkler system to the satisfaction of the Public Works
Department.
18. Subdivider shall remove all existing buildings, structures, foundations and
fences within tract boundary and shall dispose of on-site wells to the
satisfaction of the Chief Building Inspector and County Health Department.
Resolution No. 5322 ( 1984 Series)
Tract 1150
Page 4
19. Subdivider shall address all lots in the tract as shown on the city-approved
addressing plan.
20. Final map shall show street name of Blue Rock Drive for portion of street
identified as Stoneridge Drive along southerly boundary of the tract and Blue
Rock Court for cul-de-sac off said street.
21. Final map shall delete the remnant lots between the tract boundary and city
limits that are not buildable lots and include them in the "not a part"
portion.
22. Tentative map hereby approved shall expire 24 months from the date of adoption
of this resolution, unless extended by later action of the council.
23. Subdivider shall submit declaration of covenants, conditions and restrictions
(CC&R's) prior to final map approval for review and approval by the Community
Development Director and City Attorney. The CC&R's shall contain minimum
performance standards for maintenance of structures, landscaped areas, solar
easements, and provision for access easements for homeowner maintenance of
garages at zero setback; and shall be recorded concurrent with final map.
24. Final map shall note lots 1, 22 through 26, 37, 39 and 40 are sensitive sites
requiring architectural review and approval by the Community Development
Director prior to development.
25. Subdivider shall install mailboxes to the approval of the Postal Service.
Design and location shall be approved by the Architectural Review Commission.
26. Subdivider shall propose and install street trees that have large canopies to
the satisfaction of the Community Development Department staff.
On motion of Councilman Settle seconded by Councilman Griffin,
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of March ,
1984.
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ATTEST:
City ;Clerk
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