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
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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
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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)
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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
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P is Wo=ks Director
Community Deve o ment Director
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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
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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:
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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.
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
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complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof :from the Subdivider or his
surety.
The Subdivider 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
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City Clcrk Pa Voges