HomeMy WebLinkAbout10/00/1989, C-3 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1235 (UNIT 2) AND TRACT NO. 1264 (UNITS 2 & 3) AT M itlNQI1NI���II�l� it `� City Of San LUIS OBISPO MEETING Oct. DATE:
Oct. 30, 1989.
COUNCIL AGENDA DEPORT ' ""NUME16i
FROM:
David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny/
Public Works Director City Engineer�/�� Supervising Civil Engineer r
SUBJECT: IY
Acceptance of Public Improvements for Tract No. 1235 (Unit 2) and Tract No.
1264 (Units 2 & 3) at Morning Glory Way & Tank Farm Road (Summerhill
Associates, Subdividers).
CAO RECOMMENDATION
Adopt Resolution Accepting Public Improvements for Tract No. 1235 (Unit 2)
and Tract-No. 1264 (Units 2 & 3).
BACKGROUND
1 . Prior Approvals:
Final Maps were approved as follows:
1 . Tract No. 1235 (Unit 2) on October 20, 1987 per Resolution No. 6343 (1987
Series) .
2. Tract No. 1264 (Unit 2) on March 1 , 1988 per Resolution No. 6402 (1988
Series).
3. Tract No. 1264 (Unit 3) on July 5, 1988 per Resolution No. 6453 (1988
Series)
2. Description of Improvements:
The public improvements consist of
1 . Tract No. 1235 (Unit 2) - streets, water and sewer mains, street trees,
utilities, Tank Farm Road bridge (East of Hollyhock). In addition, certain
Edison A. French Park improvements have been completed as conditions of this
tract, based on a phasing plan. These include earthwork, sidewalks, mow
curbs, benches, drinking fountain, playground curbs and initial tennis court
improvements. (Additional park improvements are being completed as
conditions of Tract No. 1360, currently under construction. ) The linear
park and railroad buffer landscaping are privately maintained by the
Homeowner's Association.
2. Tract No. 1264 (Units 2 & 3) - water mairs, street trees and landscaping
of the Tank Farm Road parkway. All onsite c:riveways, sewers, storm drains,
onsite landscaping, etc. , are privately mairtained by the respective
Homeowner's Associations.
C'3- �
���n�}��ii►�NNl�llp� i►���lN city of san Lais oBispo
EftinA COUNCIL AGENDA REPORT
Tract Nos. 1235 (Unit 2) & 1264 (Units 2 & 3)
Meeting of October 30, 1989
Page two
The above-mentioned public improvements have been completed to City standards
and specifications and the subdivider has asked the City to accept them for
maintenance and release of the surety.
FISCAL IMPACTS:
The City will assume maintenance of the accepted improvements from the date of
acceptance.
SIGNIFICANT IMPACTS:
None.
ALTERNATIVES:
Option 1 : Adopt resolution accepting the public improvements for Tract Nos.
1235 (Unit 2), including certain park improvements, and 1264 (Units
2 & 3)
Option 2: Deny acceptance if the Council finds any conditions have not been
satisfactorily met.
i
CONCURRENCES:
The Community Development Director, Recreation 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 surety for a longer
period of time.
ACTION RECOMMENDED:
Adopt resolution accepting the public improvements for Tract Nos. 1235 (Unit 2)
and 1264 (Units 2 & 3), including certain improvements within Edison A. French
Park.
Attachments:
1 - Draft resolution
2 - Maps
3 - Checklists
4 - Subdivision Agreements
5 - Resolution Nos. 5968 (1986 Series) and 5967 (1986 Series)
6 - Tabulation of Bonds
7 - Park Phasing Schedule
N/jk1235-2
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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. 1235 (UNIT 2)
AND TRACT NO. 1264 (UNITS 2 & 3) AT
MORNING GLORY WAY & TANK FARM ROAD
(SUMMERHILLS ASSOCIATES, SUBDIVIDERS)
WHEREAS, the City. Council made certain findings concerning Tract No. 1235
(Unit 2) and. Tract No: 1.264 (Units 2 & 3) as contained in Resolution No. 5968
(-1986 Series) and Resolution No. 5967 (1986 Series), respectively, and
WHEREAS, all conditions required per said resolutions 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..
1235 (Unit 2) and 'Tract No. 1264 (Units 2 & 3), including certain improvements_
within Edison A. French Park, are hereby accepted by the City for maintenance.
The surety is hereby released in accordance with the subdivision agreement.
C�
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- RON OUNI_N
ATTEST:
CITY CLERK PAM VOGES
i
Resolution No. (1989 Series)
Page Two.
APPROVED:
City Ad inistrative Officer
C y toi e
Public Works Director
Community Development Director
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� .. * �fl1�L ACCEPTANCE CHEECKLIST
PROJECT NAME Summerhills Unit II
DESCRIPTION 28 Lot Single Family Tract on Morning Glory Fuller Road & Tank Farm P.d.
MAP NUMBER Tr 1235—II SPECIFIC PLAN REZONING -GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVFL1ENT CONDITIONS
A DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting & retaining walls 0 /3�8( _
2 STORM DRAINS & DRAINAGE STRUCTURES installed
3 SEWERS & SERVICES installed and tested 2 , q 27-rrf
4 WATERLINES & SERVICES installed and tested tZ P -27.¢
5 FIRE.HYDRANTS installed and tested JZP. 27 s f
6 CONCRETE installed and approved
Curbs and Gutters
Sidewalks f0 /3 r f
Driveways ?-7-7-ff
7 STREET & PAVING installed and approved G�n Q•27-�
Properly installed and sealed I -Z 7-9
Cleaned •
, X207-
*-k
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.& 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
10 PUBLIC IMPROVEMENTS payments received r�
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete
13 STREET TREES planted t? /Z
14 OFF-SITE WORK completed l 'L
!/
15 BONA/GUARANTEE deposited
16 )NJ& Deposit Account Status
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION /J
19 ARCHITECTURAL REVIEW COMMISSION 4
?0 CITY COUNCIL �.
ABANDONMENTS
22 OTHER
- r
ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APP OVAL
9 81 PUBLIC SERVICES APPROVAL
city V Of San Lill) OBISPO '
n FINAL ACCEPTANCE CHECKLIST,,
PROJECT NAME Summerhills - Edna
DESCRIPTION 3rd Phase of Condominiums in Santa Lucia-Edna Development
Tract 1264
MAP NUMBER Unit II SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
4 DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting & retaining walls -
2 STORM DRAINS & DRAINAGE STRUCTURES installed
3 SEWERS & SERVICES installed and tested
4 WATERLINES & SERVICES installed and tested /K P
5 FIRE HYDRANTS installed and tested /
6 CONCRETE installed and approved -,
Curbs and Gutters _ -
Sidewalks
Driveways
7 STREET & PAVING installed and approved .; - s
Properly installed and sealed
Cleaned t�
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.& E. -- Final letter received
Street lights installed, .operating, letter sent
Cable TV -- Final letter received �� r
Telephone Co.-- Final letter received
Gas Company -- Final letter received
9 AS-BUILT PLANS received and approved
10 PUBLIC IMPROVEMENTS payments received 4cf-7 O
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete UceAro Reog-uNo 4/7/9f S/ n /I G.C: A
13 STREET TREES planted L
14 OFF-SITE WORK completed rte,
15 BOND/GUARANTEE deposited '
16 1960 Deposit Account Status
**Funds Encumbered for Signs. ete.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION ' / l+
19 ARCHITECTURAL REVIEW COMMISSION i
20 CITY COUNCIL i
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPMEN PP OO AL
9-81 PUBLIC SERVICES APPROVAL.
1
city of SAI I-LUISOBISpo
r
FINAL ACCEPTANCE CHECKLIST
PROJECT NAME Summerhills Condos at. Poinsettia -
. ESCRIPTION 28 Unit Airspace Condo att 4110-00 Poinsettia
MAP NUMBER Tr 1264 - I SPECIFIC PLAN C.-s. REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
4 DESCRIPTION I TIAL DATE COMMENTS
1 GRADING complete including planting b retaining walls �I
2 STOR14 DRAINS S DRAINAGE. STRUCTURES installed p•ya,l�C
3 SEWERS 3 SERVICES installed and tested
4 WATERLINES b SERVICES installed and tested ZP 1-27—iFf
5 FIRE HYDRANTS installed and tested A P.
6 CONCRETE installed and approved viva
Curbs and Gutters
Sidewalks
Driveways
7 STREET 8 PAVING installed and approved r4
Properly installed and sealed
Cleaned
Signing, striping and curb painting Fir
8 NON-CITY UTILITIES
P.G.B 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
10 PUBLIC IMPROVEMENTS payments received r
11 AGREEMENT CONDITIONS have been met
12 MONUMEN_TATION complete
13 STREET TREES planted
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited
16 1 )ejb R Deposit Account Status Vo�lv
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 1 BOARD OF ADJUSTMENTS
18 PLANNING C"ISSION
19 ARCHITECTURAL REVIEW COMMISSION
20 CITY COUNCIL
`1 ABANDONMENTS
,2 OTHER pe,
ATTACH LIST OF CONDITIONS a SUBDIVISION: AGREEMENT COMMUNITY DEVELOPMENT APPROVAL
PUBLIC SERVICES APPROVAL '
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STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this )nr}, day of Oetnhpr by and
between Summerhills Associates, rherein
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 1235
(Unit II) , City of San Luis Obispo, California, as approved by the City
Council, on the 9nrh day of nrrnh r 19 87
The Subdivider desires that said Tract 1235 (Unit II ) 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
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1 . 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 paid the following fees, in addition to bonds and
inspection fee:
(a) A monumentation guarantee of $3,300.00 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/Surveyor indicating he has
completed the work and has been paid.
(b) Water acreage fees of $13,003.60 ( 11 .21 AC x $1160/AC) .
(c) Rockview-Tank Farm sewer lift station fees of $4,424.03 ( 11 .21 AC X -
$131 .55 X 3).
2. The Subdivider shall be. responsible for landscaping the linear park, the
railroad buffer zone and Tank Farm Road parkway, according to the
conditions of the approval , plans and Edna-Islay Specific Plan and shall be
responsible for maintenance of the railroad buffer zone and the linear park
until taken over by the Homeowner 's Association. The landscaping of the
Tank Farm Road parkway between Hollyhock and the SPRR is deferred to be a
condition of Tract 1264 (Unit 2 & 3) due to construction interference
including the shoofly fill and the Southern Pacific Railroad Underpass.
3• The Subdivider shall receive full credit for dedication of a park with
Tract 1235 (Unit I) per Condition 7 of Resolution No. 5968 ( 1986 Series) .
4. Subdivider shall provide for payment of $750 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) .
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.
i
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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 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 $1.,000,000.00, 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 skull 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
4
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.
Said Subdivider has deposited with the City the sum of $33,000.00
under Tract 1235 (Unit I) (Fund #653) which will be carried over and used
on Tract 1235 (Unit II) 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 $33,000.00, 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, Subdivider and the City
hereto that this agreement shall bind the heirs, executors,
administrators, successors and assigns of the respective Parties tc� 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 OF SAN LUIS OBISPO SUBDIVIDER
SUMMERHILLSASSOCIATES, LTD.
By: Santa Lucia Hills
General tnership
TMYOR RON DUNIN
ATTEST:
CIT CLERK PAM V ES
Approved as to form:
City Atto I
ey
p
City E t
ineer
Agr1235II
by
6
Cj3-l�
VO�I
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STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 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 1.264
- Unit II, City of San Luis Obispo, California, as approved by the City
Council, on the day of 19
The Subdivider desires that said Tract 1264 - Unit II 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 '
44-S-160
1 . 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
i
2
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, and has posted
the necessary fees:
1 . The Subdivider has deposited a monumentation cash guarantee of $600.00 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 since this is a part of Tract 1235 -
which dedicated a park per Condition 7 of Resolution No. 5968
( 1986 Series).
4: 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.
5. Fees for water acreage, sewer lift station, and a deposit for transit
system street furniture were paid with Tract 1235 - Unit II 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
3 r/9
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 $43,000.00, 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
i
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 plansandspecifications, 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
4
complete said improvements, or city may complete said improvements and
i
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 (50% of $43,.000 = $21 ,500).
Said Subdivider has deposited with the City the sum of $33,000.00 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
$33,000.00, 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 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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lIt 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 SUBDIVIDER
_ SUMMERHILL ASSOCIATES
MAYOR p California Limited Partnership
by Santa Lucia Hills
A California General Partnership
as General Partner
ATTEST:
John French, General Partner
CITY CLERK
Approved as to form:
Charles 8. French
General Partner
City Attorney
City Engineer
1264-:II
by
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CASH GUARANTEE TU 1 THE
® CITY OF SAID LUIS ®FISP®
I I the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum
i.
of $ l000 00 to guarantee:
Installation and adjustment to grade, etc. , of water meter boxes for
Tract 1264 - Unit III-
1010 to 1095 Bluebell and
at 4146 to 4166 Morning. Glory Lot(s)
Block NSA Tract 1264 - Unit III
If I fail to make these improvement(s) within 90 days from this date,
hpi Guy autho,ize the o'*,y tc .,.cid ary or al! C' ,h;s tejosil as i pec to c�.:' P! le
these improvements and refund the balance of the deposit, if any. If the city has to
proceed with these improvements and the lowest responsible bid .exceeds this
deposit, then I agree to deposit the required additional amount within two days after
receiving written notice thereof. I understand the entire deposit shall be refunded if I
make impr vements within 90 days from this date.
Signed - L' Date 61i77! 65
AGP'-T F;., S erhi is Associates, A California Partnership by Santa Lucia
Please Priv . Hij s, a California General Partnership by John French & Charles
French, General Partners
Name of person to whom cash will be refunded:
Mailing Address: Q-� ��,_ x i� `i�- , 4: L�:� C.E;sPC C,4,
Refund requested by: Date:
White: file Yellow:Finance Pink: Dept- Goldenrod:Applicant 72434
!III CASK GUARANTEE X-THE
® CITY OF SAN LUIS OEISP®
-
r7e ./ C�_V
I, the undersigned,.hereby place on deposit with the City of San Luis Obispo, the sum
of $ 1500.00 to guarantee:
Maintenance of public improvements installed fo Tract 1264 Unit III
consisting primarily of water main, services, valves and hydrants.
SUBDIVISION WARRANTY
Effective for one (1) year from date of acceptance of public improvements
(water main and appertenances) per, Municipal. Code Chapter 16.44
1010 to 1095 Bluebell and
1 at 4146 to 4166 Morning Glory _ Lot(s) 1
Block N/A Tract 1264 - Unit III
If I fail to make these improvement(s)within 30 _ days from #N date,
of notification of problem
I hereby authorize the city to use any or all of this deposit as necessary to complete
these improvements and refund the balance of the deposit, if any. If the city has to
proceed with these improvements and the lowest responsible bid exceeds this
deposit, then I agree to deposit the required additional amount within two days after
receiving written notice thereof. I understand the entire deposit shall be refunded if I
make imp vements within 0 days from = date. of notification.
( / i
� 7
Signed - 11��
Date �.
k\ -`r.rt FC w Su erhills Assocaites, A California Partnership by Santa Lucia
Please Pri Hills, A California General Partnership by John French and
C arl s Fren h, , ner P r ners.
Name of person o w�iom cash wil��6e retunc e I
Mailing Address: ' c i i cis, SAt-, CA "111fa,
Refund requested by: _ Date:
wnlle: File Yellow:Finance pink: Dept. Goldenrod: Applicant. /A/
V d•/�
RESOLUTION NO. 5968 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1235
(WILLOW GROVE) LOCATED AT 4100 POINSETTIA 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 1235 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 with the Specific Plan for
Edna-Islay.
2. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna-Islay.
3. The site is physically suited for the type and density of development proposed and
allowed in R-1-SP, R-2-SP, and C/OS-40-SP zones.
4. 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.
5. The design of the subdivision or the type of improvement will not conflict with
easements for access through or use of property within the proposed subdivision.
6. The Community Development Director has determined that the subdivision is consistent
with the adopted Edna-Islay Specific Plan, and that no further environmental study is
necessary.
7. Buildings will be constructed as a part of the tract development, and the buildings
themselves will be properly oriented for adequate solar exposure.
8. Exceptions are granted for lots 13 and 15 on Poinsettia StreO�to allow streetyards
of 15' where 20' is normally required, based on the finding that the average
streetyard on the block is at least 15' and no streetyard is less than 10'.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1235 be
subject to the following conditions:
✓ 1. .Multiple final maps may be filed. Recordation of any final map for Tract 1235 shall
not occur prior to acceptance of the public improvements of phases I and 2 of the
Edna-Islay Specific Plan.
2. Subdivider shall construct all public improvements shown on the tentative map.
Subdivision improvements shall be consistent with standards in the Edna-Islay
Specific Plan.
�3 Jw
R 5968
Resolution No. 5968 (1986 Series)
Tract 1235
Page 2
3. New streets shall be named to the approval of the Community Development Department
and the Postal Service. Addresses shall be assigned according to a plan prepared by
the Community Development Department.
4. If grading or other operations unearth archeological resources, construction
activities shall cease. The Community Development Director shall be notified of the
extent and location of discovered materials so that they may be recorded by a
qualified archeologist. Disposition of artifacts shall comply with state and federal
laws. Costs of any archeological work shall be the subdivider's responsibility.
5. The subdivision shall conform to standards defined in the Edna-Islay Specific Plan.
6. Fire sprinklers must be installed in all residences located beyond the 4-minute
emergency response time limit.
V 7. The subdivider shall dedicate to the city for parks purposes, Lot B as shown on the
tentative map.
8. The subdivider shall establish covenants, conditions, and restrictions (CC&R's) for
the "regulation of land use control of nuisances and architectural control of all
4 , buildings and facilities. These CC&R's shall be approvtd by the Community
j Development Department and administered by the homeowner's association.
✓ 9. The subdivider shall include the following provisions in the CC&R's for the Tract:
a. Maintenance of linear parks, railroad buffer areas, and all storm water
detention basins shall beby homeowner's association in conformance with the
Edna Islay Specific Plan.
b. There shall be no change in city-regulated provisions of the CC&R's without .
prior approval of the Community Development Department.
10. Bike paths shall be shown on improvement plans, to the approval of the Community
Development Director..
11. Easements for railroad buffers consistent with the Edna-Islay Specific Plan shall be
shown on the final map, to the approval of the Community Development Director.
12. Subdivider must install street trees to city standards, to the approval of the Public
Works Department. Any street trees included in the park improvements must be
installed as initial subdivision improvements also.
13. Fire hydrants shall be provided as required by the city Fire Marshal. All hydrants
shall provide 1500 gallons per minute and be served by loop water lines consistent
with the Edna-Islay Specific Plan.
Resolution No. 5968 (1986 Series)
Tract 1235
Page 3
✓ 14. The subdivider shall provide limited improvements for the park on lot B, prior to
final acceptance of phase 8 of the Edna-Islay Specific Plan.
J Phasing of all improvements shall be as outlined in the approved park development
phasing schedule attached as Exhibit "A" to this resolution, except that minor
deviations from this schedule may be approved by the Community Development Director.
Total value of initial improvements to be provided by the developer shall be no less
than $200,000.
% Subdivider shall record a lien against each parcel equal to $750 per unit for park
i/ improvements at the time of final map recordation. These liens will become due and
payble upon transfer of the dwelling units.
J 15. Subdivider shall submit for Community Development Director approval a detailed
landscape improvement plan for ((I) railroad buffer area; (2) lineal parks; and (3)
detention basins. Plan shall be prepared by licensed landscape architect and shall
be consistent with concepts and requirements of the Edna-Islay Specific Plan. Plan
shall be implemented in phases by the subdivider to the approval of the Community
Development Director.
16. Subdivider shall submit to the Community Development Department a written agreement,
signed by an authorized representative of the Department of Fish and Game,
specifically allowing the proposed realignment of the creek and stating the
limitations imposed upon this work.
17. Construction of the railroad underpass along Tank Farm Road shall be complete prior
to development of Lot E.
18. The subdivider shall install street furniture and signs for transit systems, to the
F satisfaction of the Community Development Department and Mass Transit Committee.
19. Access to the railroad, and to the Edna Area from Fuller Road for emergency vehicles,
shall be secured prior to final map approval, to the approval of the City Fire
Department.
20. Final map shall note access rights to Fuller Road from the Edna Area shall be
dedicated to the city by a 1-foot no-access strip.
21. Subdivider must install standard barricades at the stub street end of Fuller Road to
` the satisfaction of the Community Development Director and City Engineer.
22. Final map shall note access rights to Tank Farm Road extended shall be dedicated to
the city by a 1-foot no-access strip.
Resolution No. 5968 (1986 Series)
Tract 1235
Page 4
✓. 23. The subdivider shall construct the following to the satisfaction of the City
Engineer:
a. Surface and subsurface drainage improvements on the site.
b. Detention basins.
v� 24. Tank Farm Road and Poinsettia Street culverts shall accommodate a 100-year storm, to
the satisfaction of the City Engineer.
J 25. Subdivider shall offer for dedication to the city and show on final map:
a. Access easements for maintenance of detention basins, to the approval of the
City Engineer. Access to the basins shall be paved with eco-block, to the
satisfaction of the City Engineer and Community Development Director.
b. Drainage easements, in accordance with the Specific Plan, to the satisfaction
of the City Engineer.
26. The subdivider shall.submit a hydrology study and calculations for the design of the.
proposed drainage facilities within the tract..
27. Subdivider shall submit a maintenance schedule to be fulfilled by the Homeowners'
�µ Association for the detention basins, subject to approval by the City Engineer. The
7 �u maintenance schedule shall include periodic report to the city of the condition of
the detention basins for the life of the basins. The maintenance schedule and
reporting procedure shall be approved by the City Engineer..
28. All lots shall be graded in compliance with the Uniform Building Code and Grading
Ordinance. Rear yards of lots F- 3 and 10 - 16 of Phase 4 of the specific plan may
slope away from the street, provided that:
a. Fill banks in the rear yards are limited to a maximum of 3'.
b. Roofs drain to the street.
Lots 17 through 24 may drain away from the street, provided that no fill bank exceeds
4' from the natural grade beneath it.
29. Sewer lift station charges shall be paid prior to approval of the final map, to the
satisfaction of the City Engineer.
to/ 30. 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
installed prior to development of phase 3 of the Edna-Islay Specific Plan, or when
386 units have been constructed within the Edna-Islay Specific Pian area, whichever
comes first. Subdivider shall be entitled to reimbursement in accordance with
chapter 13.04 of the Municipal Code. Acquisition costs for off-site easements shall
be the responsibility of the subdivider.
Resolution No. 5968 (1986 Series)
Tract 1235
Page 5
1 31. The sewer main in the Fuller Road stub street westerly from Poinsettia Street shall
be deleted.
On motion of Councilman-Settle- . seconded by Councilwoman Dovey.
and on the following roll call vote:
AYES: Councilmembers, Settle, Dovey, Griffin, Rappa, and May Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of May
1986.
Mayor
AT T:
V
C ty Clerk
APPROVED:
e
7
City Administrative Of f1cer
City Attojhey
Community Development Director
. l
RESOLUTION NO. 5967 (1986 Series)
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. Findings. 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:
1. 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
easement 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: '
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's
association.
_. The subdivider shall include the following 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 the
tract excepting Tank Fay Road ;tl:e C_iy shall pay the cost of water for
landscape irrigation within the Tank Farm Road right-or-way) .
C. No parking on the site except in approved designated spaces.
R 59.68„ �'�/
Resolution No.5967 (1986 Series)
Tract 1264
Page 2
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 CCR'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:
✓a. An easement for creek preservation.
✓ b. A blanket easement for public utilities serving the site.
U f ✓c. Access easements for maintenance of detention basin, to the approval of the City
Engineer, provided that access roads shall be unpaved or paved with ecoblock.
✓ d. Access and open space easements to the railroad buffers consistent with the
Edna-Islay Specific Plan, to the approval of the Community Development Director.
✓5. Subdivider shall install separate water meters for each unit.
V 6. On-site drainage systems shall be designed to the approval of the City Engineer and
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.
J9. Bike paths shall be shown on the improvement plans, to the approval of the Comrritmity
Development Director.
� 3-30
Resolution No. 5057 (1986 Series)
Tract 1264
Page 3
J10. 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,
installed prior to development of phase 3 of the Edna-Islay Specific Plan, or when
386 units have been constructed within the Edna-Islay Speciric Plan area, whichever
comes first. Subdivider shall be entitled to reimbursement in accordance with
chapter 13.04 of the Municipal Code. Acquisition costs for off-site easements shall
be the responsibility of the subdivider,
11. Subdivider shall submit for Community Development Director approval a detailed
j- landscape improvement plan for (1) railroad buffer area; (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.
`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.
t14. Any work done in the creek preservation area must be approved by the Community
Development Director and the Department of Fish and Game.
115. 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 SetEle seconded by Councilwoman Dovey and
on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this20thday of May_ 1986.
.®mss
Ron Dunin
A TT�ES7:
City Clerk Pamela flo es
X3-31
TABULATION OF BONDS FOR TRACT NO. 1235 (UNIT 2)
AND TRACT NO. 1264 (UNITS 2 & 3)
A. TRACT NO. 1235 (UNIT 2)
1 . Faithful Performance - (Insco-Dico Bond # 9457285) $ 11000, 000
2. Labor & Materials - (Insco-Dico Bond # 945728S) $ 500,000
B. TRACT NO. 1264 (UNIT 2) -
1 . Faithful Performance - (Insco-Dico Bond # 953365S) $ 43,000
2. Labor & Materials - (Insco-Dico Bond # 953365S) $ 21 ,500
TRACT NO. 1264 (UNIT 3) -
1 . Faithful Performance - (Cash deposit - Fund 500) $ 1 ,000
(Guarantee for adjustment of water meter boxes only - remainder
of improvements were done prior to final map, approval)
2. Warranty Bond - (Cash Deposit - Fund 500) $ 1 ,500
(To be held for one year from date of acceptance)
i
N/jk1235-2
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E:A..FRENCH.-PARK O
PROJECT PHASIN6
6-6-88
Passive Active
PHASES 1& 2 Initial Improvements: Community
(TRACT 1235-PHASES 1 & 2) Improvements: Park Assessment (m�rovement5:
�) 76 UNITS & 78 UNITS) By Develooer 5750.00/Unit General Fund
Earthwork $102,630 $102,630 -
2/3 Irrigation 55,915 - $ 55,915 -
Forest & Turf 31,199 - 31,199
All Walks/Steps/ 31,009 31,009 - -
Swale/Mow Curb
l
Picnic Pads 1;200 - - 1,200
C�
Benches 2,475 2,475 - -
6' Tables 3,600 - 3,600
Drinking Fountain/Sump 1,600 1,600 - -
Sump 800 - -
ti
Trash Receptacles 2,800 2,800
aPlayground Curb 2,200 2,200 -
�� Playground & Sand 30,460 - - 30,460
Electrical Supply 3,000 - 3,000 - =
Sewer &Water laterals 5,000 - 5,000
co c . +
$268,888 $140,714 S 98,714 $ 34,460
Preliminary Budget $304,161 $141,538 $116,933 $ 35.690.4' ' t
_ y� z U:
PHASE 3
(TRACT 1360-PHASE 1-63 UNITS)
11-S Irrigation $ 20,800 $ 20,800
f{ellrelA 7n•f R, 7� 177 _ 7� jTJ -
Shrubs
Parking lot 16,012 16,012 - -
1/2 Lighting 17;000 17,000 - -
Walls(hardcourt, 5,445 5,445 - -
group picnic)
Hardcourt&Basketball 12,960 - - 12.960'
Group Picnic 23,965 - - 23,965 00
(Paving, Tables, BBQ) `�
00
Concrete Paving, 8,637 8,637 - ^
Mow Curb, Steps
z
Trash Enclosure 960 960 - -
Gates 1,000 1,000
Bike Rack 200 - 200 - 11.1
Sign &Sign Wall 4,675 - - 4,675 LLJ
U
Catch Basin 150 150 - L ij
Tw1s'/ lowwKG.es
IX
$137,926 $ 49;204 $ 47,122 $ 41,600
Preliminary Budget $149,433 $ 50,908 $ 48,525 $ 42;618
Page Two of Two
E.A.French Park-Project Phasing
Passive Active J
Initial Improvements: Community
PHASE 4 Improvements: Park Assessment Improvements:
(TRACT 1360-PHASE 2-51 UNITS) By Develooer !750.00/Unit General Fund
1/2 lighting $ 8,000 $ 8,000 - -
Irrigation 3,520 - 3,520
Woodland Turf 12.491 - 12,491 -
&Shrubs
Trash Containers 2,650 - - 2,650
Fencing 1.742 - - 1.742
Backstop 4,300 - 4,300
Horseshoes 3.415 - 3,415
Infield 2.322 - - 2,322
Bike Rack 400 - 400 -
Benches 1,100 - 1,100
Stairs/Railing 1,740 - - 1,740
Volleyball Courts 3,940 - - 3,940
&Equipment
Walla 4,150 - - 4,150
Concrete Paving 4,620 - - 4,620
$ 54.390 $ 8.000 $ 12.891 $ 33.499
Preliminary Budget = 58,925 $ 12,000 $ 13.050 $ 33,875
PHASE 5
(TRACT 1360-PHASE -47 UNITS 1
Restroom &
Community Bldg.
Design = 11,400.00 $ 11,400.00 - -
Construction 142.729.00 - $ 58.725 $ 84.004
eo
Preliminary Budget $154,129.00 $ 11,400.00 $ 58.725 $ 84.004
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