HomeMy WebLinkAbout12/18/1990, C-4 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1652, A 25-UNIT PLANNE UNIT DEVELOPMENT AT 275 N. CHORR �IIIIV18II - MEETING DATE:
�illlll j�nlll, city of San LUIS OBISpo Dec 18. 1920
WhGe COUNCIL AGENDA REPORT "'NUM86a
FROM:
David F. Romero, Public Works Dir ctor V/�
Wayne A. Peterson, City Engineer
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
SUBJECT: /
Acceptance of Public Improvements for Tract 1652, a 25-unit Planne
Unit Development at 275 N. Chorro (Takken & Harris, Subdividers) .
RECOMMENDATION:
Adopt Resolution Accepting Public Improvements of Tract 1652.
BACKGROUND:
Final map of this subdivision was approved on March 20, 1990.
Subdivider has completed all the subdivision improvements to City
standards and specifications, and has requested acceptance by the City
of the public improvements and release of the sureties. The
subdivision agreement requires a warranty in the amount of 10% of the
cost of the public improvements (. 10 x $102,000 = $10,200) to guarantee
the improvements for one year from the date of acceptance. The
existing Faithful Performance guarantee (Letter of Credit) is only for
$9, 100. The Subdivider has submitted another $1,100 Certificate of
Deposit to cover the difference. The Labor & Materials surety ($4,550)
will be released upon acceptance of the improvements.
Option 1: Adopt resolution accepting the public improvements.
Option 2 : Continue acceptance if Council finds all conditions are
not complete.
FISCAL IMPACT:
There are no direct fiscal impacts on the City except for normal
maintenance of the water and sewer systems.
CONCURRENCES:
All affected departments concur with the recommendation.
RECOMMENDATION:
Adopt resolution accepting public improvements for Tract 1652 and
maintain surety in accordance with the Subdivision Agreement.
Attachments:
1 - Draft Resolution
2 - Map
3 - Checklist
4 - Agreement
5 - Resolution No. 6549 (1988 Series)
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RESOLUTZON NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 1652
LOCATED AT 275 N. CHORRO
(Takken and Harris, Subdividers)
WHEREAS, the subdivision improvements for Tract 1652 .have been
satisfactorily completed to City standards and specifications, and
WHEREAS, the Subdivider has requested acceptance of the public
improvements by the City,
NOW THEREFORE BE IT RESOLVED, by the Council of the City of San Luis
Obispo that the public improvements for Tract 1652 are hereby accepted
for maintenance by the City of San Luis Obispo. The Faithful
Performance surety ($9, 100 Certificate of Deposit and Supplemental
Warranty $1,100 Certificate of Deposit) shall be held for one (1) year
in accordance with the Subdivision Agreement. The Labor & Materials
Surety ($4 ,550 .Certificate of Deposit) is hereby released.
On motion of , seconded by ;
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1990.
MAYOR -
ATTEST:
CITY CLERK
i
Resolution No. (1990 Series) -
Page Two.
APPROVED:
ity dministrative Officer
C' o n
Community Dev 1 pment Director
Public Works Director
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FINAL ACCEPTANCE CHECKLIST
PROJECT NAME 275 N. Chorro Takken/Harris "Condos"
DESCRIPTION - A 25-lot planned unit development
MAP NUMBER Tract 1652 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT. CONDITIONS
1 DESCRIPTION INITIAL _ DATE COMMENTS
1 GRADING complete including planting E retaining watts
2 STORM DRAINS E DRAINAGE. STRUCTURES installeQPL
3 SEWERS d SERVICES installed and tested
4 WATERLINES d SERVICES installed and tested .
5 FIRE HYDRANTS installed and tested 0 *,
6 CONCRETE installed and approved
Curbs and Gutters
Sidewalks
Driveways EGTQAJ CAW S c.lW_
7 STREET E PAVING installed and approved
Properly installed and sealed tY�✓
Cleaned
Signing, striping and curb painting >t* P ,L/iNE$T dNL}'
8 NON-CITY UTILITIES
P.G.S E. —Final letter received
Street lights installed, operating. letter sent
Cable TV -- Final letter received YO ,9ezerTAgy ?%CeAe rrzr 0 0C o
Telephone Co.-- Final letter received 7
Gas Company -- Final letter received y
9 AS-BUILT PLANS received and approved 61S 610607 A64JX= 8 SrOpgs,< z ds
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete 7 = 9O
L3 STREET TREES planted q
14 OFF-SITE WORK completed p
15 BOND/GUARANTEE deposited 4Le 7
16 3ab& Deposit Account Status 9' Si 90
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 1 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION [ C
19 ARCHITECTURAL REVIEW COttIISSION Q
20 CITY COUNCIL - 4C
ABANDONMENTS
OTHER
ATTACH LIST OF CONDITIONS E SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL
4BI PUBLIC SERVICES APPROVAL n
STANDARD SUBDIVISION kMUM LENT
THIS AGREEMENT is dated this 20th day of March, 1990 by and
between Robert Takken, Linda Takken, Vance Harris and Krystal Harris
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 1652,
City of San Luis Obispo, California, as approved by the City Ccundil, on
the 20thday of March , 19 90 .
The Subdivider desires that said Tract 1652 be accepted- and approved
as a final map pursuant to the Subdivision Regulations of the City of San \J
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
I i
1 . CURBS, GUTTERS AND SIDEWALKS
O2. STREET BASS AND SURFACING .
3. HATER MAINS and SEWER MAINS, including . sewer laterals to the
property line and water services to the curb stop:
- 4. DRAINAGE STRIICTURBS
5. ORNAMENTAL METAL ELSCTROLIERS
6. ELECTRIC. GAS. TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such :facilities. by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
• him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY g ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations..
All of the above facilities shall be installed in the locations designated
and to the ,plans and specifications on file and approved by said City
Engineer.
The lines and grades for all of said improvements shall be established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
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 vith the following conditions
established by the Planning Commission and/or the:City Council an¢ has posted
the necessary fees::
1 . The Subdivider has deposited a Certificate of Deposit (guarantee) of
$900.00 to guarantee the cost of survey monuments in accordance with the
approved map. Said deposit will be released upon receipt by the City of a
letter from the engineer/surveyor indicating the work is complete and
payment has been received.
2. The Subdivider has paid water acreage fees of 51 ,094.80 ($1955 Z 1 .2 Acres
% 14/25).
3. The Subdivider has paid a park-in-lieu fee of $24,525.00 (paid 1/26/90). -
4. The Subdivider shall complete all on-site improvements to be maintained by'
the Homeowner's Association as (private) subdivision improvements.
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.
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
3
instrument of credit or bond is in the amount of $9,100.00, which is the
amount of the estimated cost of said uncompleted public 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 the improvement security,
subject to posting a warranty bond, based upon ten (10) percent of the
total public improvement cost of $1.02,000.00 (Performance bond amount of
$9,100.00 is based upon partial completion 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.
OCompletion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
.time, the Subdivider agrees that City may, at its option. declare the
instrument of credit or bond which has been posted by Subdivider to
guarantee .faithful performance. forfeited and utilize the proceeds to
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 $750.00 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 $750.00,
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 Obi �
spo Municipal Code. entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision !slap, 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
Obidder'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
92a47 �—
- PR R0' Ro akkea
-Linda Takken
ATTEST
Vance Harris
CITY &LERK PAM. VV-5
Harr s .--
Approved as to form:
Att rie
City ineer
Agr-
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RESOLUTION NO. 6549 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1652
LOCATED AT 275 N. CHORRO 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 vesting
tentative map of Tract 1652 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.
2. The site is physically suited for the type and density of development allowed in an
R-4 zone.
3. The design of the subdivision and the proposed improvements are not likely to causes
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 proposed subdivision will not have a significant effect on the environment and
has been granted a negative declaration.
6: The project would have an adverse impact on publie'health, safety, and welfare
because of concerns with the amount of parking spaces provided, the adequacy of open
space and the preservation of trees, and there is no feasible way to mitigate or
.avoid this adverse impact on public health, safety, or welfare except by reducing the
number of dwellings to 25.
SECTION 2. Con_ d,_ �t_ipn_, That the approval of The venting tentative map for Tract
1652 be'subject to the following conditions:
1. Tract corners shall be set by a registered civil engineer or land surveyor.
2 A registered civil engineer or land surveyor shall certify that the structures are
located correctly prior to release of structures for occupancy.
3. All lots shall be served by individual sewer, water and utilities. All new and
existing utilities within the tract shall be placed underground in easements to the
approval of the appropriate utility company and the City Engineer. -
4. Final map shall show a 6-foot public utilities easement and 10-foot wide street tree
easement along the project's public street frontage.
Resolution No. 6549 (1988 Series)
Tract 1652
Page 2
5. Final map shall note entire common lot area as a blanket utility easement acceptable
to the utility companies and City Engineer.
6. All on-site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
7. Sewer and water mains shall be public and to city standards. Easements over the
mains and access to mains shall be to the approval of the City Engineer.
8, Subdivider shall install individual water services for each dwelling unit. Meters
shall be clustered in the public sidewalk to the approval of the Public Works
Department.
9. Subdivider shall install-new sewer mains within the site to connect and discharge
into the existing manhole in North Chorro Street to the satisfaction of the Utilities
Department.
10. Subdivider shall submit finish floor elevations with final development plans to
determine Whether sewer backwater valves will be necessary.
11. On-site drainage system shall be designed to the approval of the City Engineer and
Chief Building Official. If piped to Ferrini Street by the proposed storm drain
easement, a safe overflow must beconstructed to the approval of the City Engineer.
12. All grading shall comply with the recommendations contained in the soils report
prepared for the property.
13. Subdivider shall pay water and sewer charges and park in-lieu fees as calculated by
the City Engineer prior to final.map approvaL
14. Subdivider shall install one street tree per 35 feet of property frontage to city
standards to the approval of the Public Works Department.
15. Subdivider shall install as on-site.hydrsnt to the approval of the City Fire
Department. The required hydrant shall be connected to an existing 18-inch water
main in North Chorro Street.
16. Subdivider shall provide and the homeowners' association shall maintain appropriate
'no parking' signs and red-curbing along interior roadways as required by the City
Fire Department.
17. Subdivider shall install automatic fire sprinkler systems in all buildings.
18. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval. CC&R's shall contain the following provisions:
Resolution No. 6549 (1988 Series)
Tract 1652
Page 3
a. Creation of a homeowners' association to enforce the CC&R's and provide for
professional, perpetual maintenance of all common area including private
driveways; drainage, parking lot area, walls and fences, lighting, and
landscaping in a first class condition.
b. Grant to the city the right to maintain common area if the homeowners'
association fails to perform, and to assess the homeowners' association for
expenses incurred, and the right of the city to inspect the site at mutually
agreed times to assure conditions of CC&R's and final map are being met.
C. No parking except in approved; deeignatt:C spaces.
d: Ghent to tfie city tFii iijht•to tow away vehielis on a complaint basis which are
parki;d in unaiiihoriied plices,
e. Prohibitlon of storage or other uses which would conflict with the use of
garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term
storage of inoperable vehicles.
S. No outdoor storage by individual units except in designated storage areas.
h. No change in city-required provisions of the CC&R's without prior City Council
approval.
i. Homeowners' association shall file with the City Clerk the names and addresses
of all officers of the homeowners' association within 15 days of any change in
officers of the association.
19. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Department.
20. Subdivider shall install a unit identification plan with directory at eeeh of the
project entrances to the approval of the Community Development Department staff.
21. Subdivider shall submit plans showing proposed collector locations for solar water
heating and a detail on collector types to the approval of the Architectural Review
Commission.
22- All garages shall be equipped with automatic garage door openers and occupants shall
be provided two remote-control units.
23. Subdivider must erect protective fencing around all trees to be retained to the -
satisfaction of the City Arborist.
24. Subdivider must post a tree preservation bond in an amount determined by the City
Arborist.
Resolution No. 6549(1: Series) �.
Tract 1652
Page 4
C25. Subdivider shall provide required motorcycle and bicycle spaces to theapproval of .
the Architectural Review Commission.
26. Subdivider shall repair existing curb, gutter, and sidewalk to the satisfaction of
the City Engineer. All modifications tothe.ezisting frontage will require a curb,
gutter, and sidewalk permit from the Public Works Department.
27. The number of project lots shall be reduced from 26 to 25.
6n m6tidd of Coutieilm'att SBttle - seconded by Councilwoman Rappa_
and on the following roll call vote:
AYES: Counci:lmembers Settle, Rappa, Pinard, Reiss and Mayor*Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6thday of December
1988.
-
Mayor Ron Dunin
ATTEST:
City Clerk Pam 8pges
APPROVED:
City Administrative Officer
City orney,
Community Development Director
C
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