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HomeMy WebLinkAbout07/17/1990, C-4 - FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1360 (UNIT 1), A 42 LOT RESIDENTIAL SUBDIVISI city of San Lacs OBI SPO MEETING 17 igqn COUNCIL AGENDA REPORT ITEm NUMBER GI 4. FROM: David F. Romero, Public Works Director " Wayne A. Peterson, City Engineer Prepared by: Gerald W. Kenny, Supervising Civil EngineeO SUBJECT: Final acceptance of public improvements for Tract No. 1360 (Unit 1) , a 42 Lot Residential Subdivision at 4400 Poinsettia St. [Eastfork, Ltd. (French) , Subdividers] RECOMMENDATION: Adopt resolution accepting certain public improvements for Tract No. 1360 (Unit 1) . DISCUSSION: BACKGROUND The final map was approved on March 21, 1990 per Resolution No. 6590 (1990 Series) subject to an agreement and bond to guarantee installation of the required subdivision improvements. The subdivider has constructed all required subdivision improvements, except for certain French Park improvements required of this unit of Tract No. 1360. The agreement provides for all work to be completed within 18 months, or by September 21, 1991. The completed subdivision improvements consist of typical street and frontage improvements, utilities, grading, etc. and an extension of a privately maintained linear park. The park improvements yet to be completed include lighting, walls, concrete, steps, trash enclosure, gates, etc. . The parking lot has been completed. The subdivider postponed this work until the City's contractor completed irrigation and other park improvements in accordance with the park phasing plan. The estimated cost for the uncompleted work is $28,000. Tract No. 1360 (Unit 2) is expected to be ready to record in the near future. Its bond and agreement will guarantee the final "construction" responsibility by the Subdivider per the park phasing plan. The uncompleted work ($28, 000) will be included in that bond, allowing the release of the retention. The existing $670, 000 Faithful Performance Bond may be reduced to $28, 000 to guarantee the park work plus 10% of the value of the completed work ($64,200) to guarantee the work for one (1) year per the subdivision agreement. The $335, 000 Labor & Materials Bond may be reduced to $14,000 to cover the uncompleted park work. SIGNIFICANT IMPACTS: None R P 1I►�1111fl INN city Of San Ais OBI SPO - I� COUNCIL AGENDA REPORT Final Acceptance - Tract 1360 (Unit 1) Meeting of July 17, 1990 Page Two. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: The subdivider would be required to maintain the completed improvements and the full amount of bonds pending completion of the delayed work and acceptance by the City. The Subdivision Map Act provides for partial release of bonds for completed work. CONCURRENCES: All affected departments concur with the recommended action. FISCAL IMPACT: Normal maintenance of standard street, sewer and water mains will begin. ALTERNATIVES: OPTION 1: Adopt resolution accepting the completed public improvements for Tract No. 1360 (Unit 1) and reducing bond requirements as discussed. OPTION 2: Deny acceptance of the completed public improvements if the Council finds that the completed improvements have not been satisfactorily installed. RECOMMENDATION: Adopt resolution accepting the completed public improvements for Tract No. 1360 (Unit 1) and reducing bond requirements. Attachments: 1 - Draft resolution 2 - Map 3 - Final Acceptance Checklist 4 - Subdivision Agreement 5 - Resolution No. 6484 (1988 Series) I i N:\mdocs\T1360-1.wp �-y-z RESOLUTION NO. (•1990. SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBI SPO ACCEPTING CERTAIN PUBLIC IMPROVEMENTS FOR TRACT NO. 1360 (UNIT 1) AT 4400 POINSETTIA STREET (EASTFORR, LTD. , SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract No. 1360 as contained in Resolution No. 6484 (1988 Series) , and . WHEREAS, the City Council approved the final map per Resolution No. 6590 (1989 Series) subject to an agreement and bonding to guarantee installation of the required subdivision improvements, and WHEREAS, all public improvements have been constructed to City standards and specifications, except for certain improvements within E. A. French Park, C., NOW THEREFORE BE IT RESOLVED, that the public improvements for Tract No. 1360 (Unit 1) are hereby accepted for maintenance, . except for the required improvements within E. A. French Park. The existing Faithful Performance ($6701000) and Labor & Materials ($335, 000) bonds are hereby reduced as follows in accordance with the subdivision agreement: 1. Faithful Performance - Park Improvement $28, 000.00 2. Warranty - One year guarantee/accepted Improvements $64,200. 00 3 . Labor & Materials - Park Improvements $14 , 000. 00 On motion of seconded by and on the following roll call vote: AYES: . NOES: \_% ABSENT: Resolution No. (1990 Series) Page Two. the foregoing resolution was passed and adopted this day of 1990. MAYOR ATTEST: CITY CLERK APPROVED: City A inistrat-ive Officer i Ato y c P is Wo=ks Director Community Deve o ment Director N:\mdocs\T1360-1.wp �if :c ....•..•......•.... .............:: ..........:............. =E:::: :::.. .:E: : : -:.....5 Ec.... • ei E :c:EE:E:::::`. : .............. ............... .................... :::::::::::::: ................ on..::.......w.! .::..o .......•.... !... :::H .v.... u..............� oo.o.unuu��. .:oo.uuu/oo,.. ouo•.................•.:::::......._. n o....v.eoo u.:u.o• wuovo .vt.....u.uvv.u..'vu.. .............Ji n./:::......... A......... ........ •..\........./ t•...........•-....40 u I..........:.�--t....... • .........• M. ...... ....\.1.....\\...• ••/..........I.\...V 1�• It y � : � , city of san .ass oBispo FINAL ACCEPTANCE CHECKLIST__ PROJECT NAME Tract 1360 Phase i - French - Edna Area DESCRIPTION A 42-jot tract on Sunflower Way with single family homes built by subdivider MAP NUMBER Tr 1360-I SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS i_ DESCRIPTION INITIAL DATE COMMENTS 1 GRADING complete including planting b retaining walls qQ 2 STORM DRAINS E_DRAINAGE STRUCTURES installed S 0 3 SEWERS d SERVICES installed and tested S 0 4 WATERLINES b SERVICES installed and tested 6a 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved .r 40 Curbs and Gutters Sidewalks Driveways q0 7 STREET b PAVING installed and approved rep Jksl`rb Properly installed and sealed EP 6 0' O Cleaned - 0 Signing, striping and curb painting 8 NON-CITY UTILITIES P.G.d E. -- Final letter received i_9 pp Street lights installed, operating, letter sent 9C Cable TV -- Final letter received Telephone Co.-- Final letter_ received_ ! O Gas Company -- Final letter received 3 3f Yo 9 AS-BUILT PLANS received and approved 10 PUBLIC IMPROVEMENTS payments received (y 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION complete IfB. 3/7/90 Letter received from surVe or 13 STREET TREES planted /9 14 OFF-SITE WORK completed 15. BOND/GUARANTEE deposited _ 16 i9liifi6 Deposit Account Status **Funds Encumbered for Signs, etc. OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS 18 PLANNING C"ISSION 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL 21 ABANDONMENTS 22 OTHER ATTACH LIST OF CONDITIONS b SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL 481 PUBLIC SERVICES APPROVAL 1 �'e♦a s Sff ShEfrA/Q2 anew a • ja . : : i : 7 SEE SNEfrAV P NlI•! ' ZpSp ' i�i�R ,Nu„a �'i .tis.` � �:. • ./ �! R3 ✓r ♦ f✓•I it �. • ♦tpT/Q � 4 .�Z ' !�p �� ' � Y 4• !\Ct•1 � .wrr�r a 8 a " Ott -- - _##♦ _ , 011 as \ ' Al 44 tir .raw \ _ _ h !ate tsaRarr II h � . ' -•..r -_arts -L- �� \ •�, nw a JtaN ♦il ;, 1. p•.x� ♦. a a � . S'.: a �'$ $�4�.•; ee \� ;a .;e•:."�:S4t5 y�.v.n x� :�.i�• :Te• �s. ,�`,�" natF xl'N q ii M >ii�t cp$.+:.rt 004 \ It 4 C�rE� i 0 rrnsv�s�c� , ,II R� +mater ..� .� � `� `�:.•o- >••. mit J 1l i < ♦y wr . •♦ .maxi .:\ ♦.�\, �� " ^ ;� a a\ �y y 1y� ` ; F''i. r. e rawv ..ietwrn. ? 8t Yv `@i a �; IN06 4Haw0a lapJ F4.<NM L "Y� I./f.fM t 111' �1r/ .II ♦ J►�f.l.Mgv � l 11�y� _ .wt' '� .00 LH NIYJJM 1•I a .`♦ h A7 a YAM.? rwn ♦ , -. - _ _ .scsor 4/Irrr r S`7.� —2$t - .av II ^w$I �� p. y♦ `0. vw a.A'� E4 b.°. Z �e j:c ` ♦q� ���1 CI. Y -'✓ O_ ` rnG.x,nr•�'1.NIy ` (r�YJW Af •rJ:s • LI yye � \ y8•� ZOG� a/I C.}• I h$ at .d} \ ram' } ♦ qv RPIZ v Y av+aw- .a Z� ' t Y '� Ys? � ; Fi�switrJ axrimuxr a, P t 0111, Rt%YOax STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 21st day of March by and between EASTFORK' LIMITED, 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 r.oposed subdivision of real property in the City of San. Luis Obispo, Counts of San Luis Obispo, State I of California, a description of which is shown on final map of Tract 1360 - Phase .I, City of San Luis Obispo, California, as approved by the City Council, on the 2Lst day of March , 1589 The Subdivider desires that said Tract 1360 - .Phase I be accepted and I approved as a final map pursuant to the Sutdivision 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 plLas therefore. TERMS AND CONDITIONS: In consideration of the foregoing,' the :•ubdivider does hereby agree to construct and install the following stl)division 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: t �Z i 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. C. 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, and has posted the necessary fees: 1 . The Subdivider has deposited a monumentation cash guarantee of $3,200.00 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 inform home buyers of the possibility of building permit delay based on City's water shortage per Condition 28 of Resolution No. 6484 (1988 Series). 3. Park-in-lieu fees are not required for Tract 1360 since a park was dedicated in Tract 1235, which fulfilled park requirements for this tract. 4_ The development of the subdivision must be in accordance with the Edna- Islay Specific Plan, per Condition 2 of Resolution No. 6484 (1988 Series). 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 13 of Resolution No. 6484 (1988 Series) . Terms and conditions of escrow to be in a form and content satisfactory to the City Attorney. 6. Water acreage and sewer lift station fees were paid per Condition 15 of Resolution No. 6484 (1988 Series) as follows: (Water Acreage) 8.68 Ac X $1920/Ac = $16,492..00 (Sewer Lift Station) 3 gpm/Ac. x 8.68 Ac. x $131 .55/gpm $ 1 ,141 .85 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 C! 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 $670,000.00, vkiich is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from. faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code .of the State of California, upon .final completion and acceptance of the work. City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted. accept said improvements according to said plans and specifications,. and any approved modifications thereto. Neither periodic nor progress inspections or approvals shallbind 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 ✓ y 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 has submitted a labor and materials bond to the City in the amount of 50% of the above described subdivision improvements in accordance with State law (50% of $670,000.00 = '$335,000.00). Said Subdivider has deposited with the. City the sum of $20,000.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements in Tract 1360, 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 520,000.00, 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 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 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 1 improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: EASTFORK LIMITED A CALIFORNIA LIMITED PARTNERSHIP CITY OF SAN LOIS OBISPO SII IDER rohn French General Partner ATTEST: `a C �Y CLERK Approved as to form: City Attor�y City Engineer 1360-agr by 6 RESOLUTION NO. 6484 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY SAN LUIS OBISP GRANTING APPROVAL OF, VESTING TENT ATI E TRACT NO. 1360 LOCATED AT 4400 POINSETTIA S EET 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 vesting tentative map of Tract 1360 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 the Edna Islay area. 2. The site is physically suited for the type and density of development allowed in an R-t-SP zone. 3. 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 easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna Islay Specific Plan and that an environmental impact report was certified for the specific plan, and no further environmental study is needed. SECTION 2. Conditions. That the approval of the vesting tentative map for Tract 1360 be subject to the following conditions: 1. Multiple final maps may be filed. ✓ 2. Development of the subdivision must be in accordance with the Edna-Islay Specific Plan. 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shalt be installed and made serviceable prior to and during the time of building construction. _ 4. All structures will require an approved, automatic fire-sprinkler system, to the satisfaction of the Fire Department. 5. Recontoured banks of the creek will. be revegetatcd with indigenous plant species that are drought resistant, require minimal maintenance and that are suitable for wildlife in the area. i ' Ci Resolution No. 6484 (1988 Series) Tract 1360 Page 2 "3 6. Bicycle/pedestrian paths shall be designed in accordance with the Edna-Islay Specific Plan, to the approval of the Community Development Director. 7. Access points to the creek shall be located and improved to the satisfaction of the Z Community Development Director and City Engineer. 8. A creek protection and restoration plan must be submitted to the approval of the City u,vujl Engineer and Community Development Director, along with improvement plans. Such plan must show improvements to the creek extending from the bicycle/pedestrian path (where it is proposed) to 20' beyond the top of bank on the opposite side, including all landscaping and erosion protection methods. 9. The edge of the bicycle/pedestrian path closest to the creek shall be set back at 5 least fifteen feet from the top of bank, except for areas within 120 feet of the Poinsettia Street right-of-way and where the path enters the creek to go under the . Z_3 railroad. In those places where the path is nearer than fifteen feet, dense vegetation shall be planted between the path and .the creek. �-Z 10. The creek crossing method must be within the guidelines established in the Flood Prevention Policy adopted by the city, unless an alternative is specifically approved Cby the council. -,{-2 11. Access to thecreek will be provided to the satisfaction of the Community Development Department. Improvements to allow access shall be shown on the creek protection.and restoration plan. yZ 12. Detention basins shall be unfenced and maintained by the tract homeowner's M"t association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 13. The neighborhood park shall' be completed in phases, as described in the Edna-Islay Specific Plan and approved as part of Tract 1235. The subdivider shall record a lien or alternative approved by the Community Development Department, equal to $750 per unit for park improvements, to become due and payable to a special fund, maintained by the city, upon transfer of the lots or dwelling units. .3 14. All street lights must be spaced less than 200' to 250' apart, per city standards, to the satisfaction of the City Engineer. 15. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. (3 16. All lots must be served by individual water, sewer, and utilities. 17. All public improvements must comply with city standards and are subject to modifications to the satisfaction of the City Engineer. ��I Resolution No. 6484 (1988 Series) Tract 1360 — Page 3 - 18. Final plans must provide for drainage between Wisteria and Lily and also between Tulip and Yarrow to the satisfaction of the City Engineer. 19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map. All residences.in the flood zone must have finished pads a minimum of one foot above the 100 year storm elevation. Flood map amendment must be processed with FEMA by developer's engineer to eliminate flood insurance requirements for those lots adjacent to the channel. L2 20. Subdivider must submit plans and calculations that specifically address the effects rvu�l of all proposed grading within the flood zone. Plans must indicate any impacts during a 100-year storm to the satisfaction of the City Engineer, Department of Fish and Game, and the Corps of Engineers. 2 21. The detention basin must be designed per standard established by the .Edna-Islay Specific Plan and to the satisfaction of the City Engineer. Detention basin must be protected against erosion from the adjacent creek. 22. All lots must drain to the street or as approved by the City Engineer. 23. The emergency access road must be constructed with an a11-weather surface to the satisfaction of the City Engineer and Fire Department. This road must extend to the �3 creek and southeasterly tract boundary, or other access must be provided for maintenance of the creek area, to the satisfaction of Public Works and Community Development Departments.. -3 24. A Public Utility Easement must be provided for in the buffer area adjacent to lot 40 _ for the possible future extension of public utilities, sewer, and water. 25. All residential water services must be.sized to accommodate fire sprinklers to the satisfaction of the Fire Department. -y q 26. The developer must dedicate a 1-foot vehicular non-access strip at the southerly end jwt/� J of 'Goldenrod Lanc,-to the satisfaction of the City Engineer, and install a standard city barricade in this location. 27. Phasing of this tract and utilities may require off-site utility extensions within subsequent phases, to the•satisfaction of the City Engineer.. 28. The subdivider shall inform future lot buyers of the possibility of building permit 5 delay based on the city's water shortage: Such notification shall be made a part of the recorded documentation for each lot. /29. The subdivider shall number all lots in the tract consistent with city-approved addressing plan. Rcsolution No. 6484 (1988 Scrics) Tract 1360 Page 4 30. Grading plans must note that if.grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director �i 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. 31. The subdivider shall establish covenants, conditionsi 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 Ii 7 Development Department and administered by the homeowner's association. 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 be by the homeowners' association in conformance with the Edna Islay Specific Plana b. There shall be no change in city-regulated provisions of the CC&R's without prior approval of the Community Development Department. rcA-. 32. The subdivider shall provide for street furniture and signs for transit systems, to too the satisfaction of the Mass Transit Committee. � Trl1:�5 On motion of Councilwoman Pinard seconded by Councilman Reiss _ and on the following roll call vote: ' p; AYES: Councilmembers Pinard, Reiss, Rappa, Settle. and Mayor Dunin NOES: None vt �.K ABSENT: None the foregoing resolution was passed and adopted this 16th day of August 1988. JJ�� Mayor Ron uninRon unin ATT i City Clcrk Pa Voges