HomeMy WebLinkAbout04/05/1988, C-5 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1260 AT 795 NIPOMO STREET, AN 18-UNIT RESIDENTIAL AIRSPACE CONDOMINIUM (SLOBAK, INC., SUBDIVIDER) III^�ulll��llllln��II,„II MEETING DATE:
city
Of Saff LUIS OBISPO April 5 19-88 low
COUNCIL AGENDA REPORT ITEM NUMBER
FROM:
David F. Romero `:% Wayne A. Petergon Prepared by: Gerald W. Kenny
Public Works Director City Engineer.. -� Supervising Civil Engineer
SUBJECT:
Acceptance of Public Improvements for Tract 1260 at 795 Nipomo Street, an
18-unit Residential Airspace Condominium (SLOBAK, Inc. , Subdivider)
CAO RECOMMENDATION:
Adopt Resolution Accepting Public Improvements for Tract 1260
DISCUSSION:
1 . Prior Approvals:
a. Tentative Map Approved February 4, 1986 per Resolution No. 5892 ( 1986
Series)
b. Final Map Approved 9-1-87 per Resolution No. 6300 (1987 Series)
2. Description of Improvements:
The subdivision improvements consist of completion of frontage improvements
along Nipomo Street and Brizzolara Street, and individual utility services.
All subdivision improvements have been satisfactorily completed, and the
subdivider has asked the City to accept the improvements as complete and
release the surety, per the Subdivision Agreement.
3• Fiscal Impacts:
There are no direct fiscal impacts on the City.
4. Bonds:
a. Faithful Performance: $48,000 (Letter of Credit)
b. Labor & Materials: $24,000 (Letter of Credit)
c. Monumentation Guarantee: $500.00
d. Tree Preservation: $14,999.09 (cash originally deposited - replaced
with surety bond 7-17-87)
5. Significant Impacts: None.
6. Alternatives:
Option 1 : Adopt resolution accepting public improvements.
Option 2: Deny acceptance if the Council feels any conditions have not been
satisfactorily met.
7. Concurrences: The Community Development Director and City Attorney concur
with the recommendation.
��►n�►�u►�IIIII�IIP� ►y���Il city of San tins OBISPO
i COUNCIL AGENDA REPORT
Tract 1260
Meeting of 4/5/88
Page Two.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The Subdivider would need to maintain bonds for work already completed to City
standards and specifications.
ACTION RECOMMENDED:
Adopt resolution accepting public improvements for Tract 1260.
Attachments:
1 - Draft resolution
2 - Map
3 - Checklist
4 - Agreement
5 - Resolution No. 5892 ( 1986 Series)
jk5/t1260acc
by
G/..Si
RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 1260
AT 795 NIPOMO STREET
(SLOBAK, Inc. , Subdivider)
WHEREAS, the City Council made certain findings concerning Tract 1260, and
as contained in Resolution No. 5892 ('1986 Series), and
WHEREAS, all conditions required per Resolution No. 5892 (1986 Sieres) have
been met, and
WHEREAS, all subdivision improvements have been constructed to City
standards,
NOW THEREFORE BE IT RESOLVED that improvements are hereby accepted and
surety is hereby released in accordance with the terms of the Subdivision
Agreement.
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
1988.
MAYOR
ATTEST:
CITY CLERK
■ r w w i • w w
a
none
r
r � �
�F {
r��IlJjylF;
r
J .
i Y / ■
i 1
I
r�IIL� z
r■ r�F"- F°� �1 ��
Z� ■moi c'
�.;�;• ,;,v, ri ire�, ,� �i
/ • • • C C R C '11.• .
• '''.:� Cmy Of Sart luis OBISPO
i FINAL ACCEPTANCE CHECKLIST
PROJECT NAME 795 Nipomo - Mission villa Condos
DESCRIPTION 18 Unit Residential Airspace Condominium Project
MAP NUMBER Tract 1260 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVE14ENT CONDITIONS
r DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting 6 retaining walls R f( 01U
2 STORM DRAINS b DRAINAGE STRUCTURES installed 0 H 88
3 SEWERS b SERVICES installed and tested -
4 WATERLINES 6 SERVICES installed and tested
5 FIRE HYDRANTS installed and tested 3 -1-
6 CONCRETE installed and approved
Curbs and Gutters L� -"-
Sidewalks 13- -'-r
Driveways —f-0 ff•hf• Pa�virc
7 STREET 6 PAVING installed and approved
Properly installed and sealed
Cleaned fe,p 12-9-ffr
Signing, striping and curb painting ik!
8 NON-CITY UTILITIES
P.G.B E. — Final letter received gun• • 3/1/88
Street lights installed. operating, letter sent Nib �Rlr/Ovt !a`arssrs
Cable TV -- Final letter received
Telephone Co.-- Final letter received I y"
Gas Company -- Final letter received H.B. 3/7788
9 AS-BUILT PLANS received and approved 3�9-
10 PUBLIC IMPROVEMENTS payments received 3
11 AGREEMENT CONDITIONS have been met -
12 MONUNENTATION complete 1C $g Gu ' iia�3 i•+ �/ru>�
13 STREET TREES planted 119 7 8 Q/C Yi
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited OK/i VM /cAa �friol co vnwt
16 3ffM Depoeit Accatnt StatU$ 3 '8
�LIJ�OG G6iC� �j//o B
**Faode Bnc=bered. for Sigas. etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION
19 ARCHITECTURAL REVFEW COMMISSION a
20 CITY COUNCIL' -
21 ABANDONMENTS
22 OTHER
ATTACK.-LIST.OE-CONDITIONS6 SUBDIVISION AGREEMENT CpMRLITY OEYELOPMENTJiPPROIfAL
PUBLIC SERVICES'APPROVAL - _
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 1st. day of September, 1987
by and
between SLOBAK. INC. 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 1260-,
City of San Luis Obispo, California, as approved by the City Council , on
the 1st. day of September 19 87.
The Subdivider desires that said Tract 1260 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:
t
1 . CURBS, CUTTERS 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 n
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: (Except as noted)
1 . The Subdivider has deposited a monumentation bond of $500.00 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 has paid water acreage fees of $880.44 (0.759 AC [net] x
$1160/AC) with credit for existing residence(s) and excepting open space
and streets.
3• The Subdivider shall install an access road for creek maintenance per
Condition 10 of Resolution No. 5892 (1986 Series) to the approval of the
Public Works Department.
4. The Subdivider shall improve the (common) driveways as shown on the
approved plans as well as extension of respective utilities as subdivision
improvements per condition 18 of Resolution No. 5892 ( 1986 Series) .
5. The subdivider has paid the park-in-lieu fee of $23,994.00.
6. All trees shall be field tagged to verify type, condition, location, and
disposition per condition 14 and Subdivider shall enter into agreement and
post bond to ensure preservation of trees, etc. to the approval of the
Community Development Department per condition 16 of Resolution No. 5892
( 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.
3
�'-C--7
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 $48,000.00, 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 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 507E of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of 51 ,449.00 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 $1 ,440.00,
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
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 LUIS OBISPO SUBDIVIDER - SLOBAK, INC.
RON DUNIN
(2
, �u �-
U All
ATTE
D.
CITY CLERK PAM VO
Approved as to form:
A4r rt
y Attorney
City Engineer
Agr-1260
by
6
C�>D
RESOLUTION NO.5892 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1260
(MISSION VILLA) LOCATED AT 795 NIPOMO 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 1260 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 a
R-3 and R-3-S zone.
3. The design of the tentative map 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 improvements will not conflict with
easements, for access through or use of property within the proposed subdivision.
5. The proposed project will not be detrimental to the health, safety and welfare of
persons living or working in the area.
6. The project is granted a negative declaration of environmental impact, subject to the
following changes:
A. Exterior deck/patios for building 1 shall be relocated to the east side of
building or otherwise screened to limit maximum noise exposure to 60 dBA
(Ldn).
B. A registered engineer shall certify that all buildings shall have finished
floor elevations at least 1 foot above the 100-year flood elevation and that
the project will not raise flood elevations relative to adjacent properties
more than I foot at any point.
C. Subdivider shall enter into an agreement and post a bond to protect and
preserve trees which are shown to remain on final approved Architectural
Review Commission plans. All trees to remain shall be field tagged to verify
type, location and condition prior to commencing site work.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1260 be
subject to the following conditions:
i
R 5892
i
Resolution No-5892 (1986 Series)
Tract 1260 (Mission Villa)
Page 2
1. A minimum of 2.2 vehicle parking spaces shall be provided per dwelling unit, and
required parking spaces shall be located on both sides of Stenner Creek proportional
to the number of units served.
2. The common open space identified as a recreation area on the plans submitted for
architectural review shall be developed in conformance with finally approved
architectural plans prior to occupancy.
3. Final map shall be filed and recorded showing a one-lot, air-space condominium
subdivision with one phase of development.
4. All units shall be numbered and addressed as per a plan approved by the Community
Development Department
5. Subdivider shall install address identification and directory signing clearly visible
from the street at driveway entrances, to the approval of the Community Development
Director.
G.6. Final map shall note entire condominium site is a public utility easement, except
areas under buildings.
7. All sewer lines on-site shall be private and shall be maintained by the homeowner's
association.
�$. All on-site water mains and fire hydrants shall be private. _
719. Subdivider shall install on-site traffic control devices, signs, and/or curb markings
to the approval of the City Engineer and Fire Department.
10. A 10 foot wide access road shall be provided for creek maintenance to the approval of
l/ the Public Works Director. Access road paving shall be eco-block pavers or
equivalent porous paving material.
v11. Subdivider shall grant an easement for drainage, maintenance, and pedestrian access
purposes over Stenner Creek to the approval of the Public Works Director.
12. Subdivider shall install a curb return at the south corner of Nipomo and Brizzolara
Streets to the approval of the City Engineer.
13. Frontage improvements, including sidewalk, curb, gutter, and. street paveout, shall be
installed on Nipomo and Brizzolara Street frontages. Said improvements shall include
curb, gutter, and sidewalk at the northwest corner of Nipomo and Peach Streets, to
the approval of the City Engineer.
,,14. A11 trees shall be field tagged to verify type, condition, location, and disposition
before any site work, to the approval of the City Arborist.
�T
Resolution No. 5892(1986 Series)
Tract 1260 (Mission Villa)
Page 3
15. Subdivider shall install street trees and dedicate 10 foot wide street tree easements
l� along all frontages to the approval of the City Engineer. Tree types shall be to the .
approval of the Architectural Review Commission.
16. Grading and paving plans shall accommodate trees to remain as shown in approved
?,ST doR/� plans, and subdivider shall enter into agreement and post bond, to ensure
preservation of trees, to the approval of the Community Development Department.
Existing trees shall be safety pruned to the approval of the City Arborist.
17. Covenants, conditions and restrictions shall be approved by the City Attorney and the
Community Development Director prior to final map approval and shall include the
following provisions:
A. Creation of a.homeowner's association to enforce the CC&R's and to provide for
perpetual, professional management and maintenance of all common areas
including utilities, landscaping, driveways, lighting; walls, fences, and
building exteriors in good condition.
B. Grant to the city the right to maintain common area and building exteriors if
the homeowner's association fails to perform, and to access the homeowner's
association for expenses incurred.
C. No parking except in approved, designated spaces.
D. Grant to the city the right to tow away vehicles on a complaint basis which
are parked in unauthorized places.
E. Prohibition 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.
G. 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. 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
officers of the association.
18 Final map shall note that all on-site and off-site i1m {0vements are subdivision
improvements. ( Its • lam. 5"J. 45►'1g(w1tw"� /
19. Subdivider shall install individually metered water service to each dwelling, to the
approval of the City Engineer and the Building Division.
Resolution No.589XI986 Series)
Tract 1270 (Mission Villa)
Page 4
20. If grading or other operations unearth archeological resources, construction
activities shall cease. The Community Development Director shall be notified of the
extent of the location of discovered materials so that they may be recorded by a
qualified archeologist Disposition of artifacts.shall comply with state and federal
laws. Subdivider shall bear all costs associated with documentation and protection
of said resources.
On motion of Councilman Griffstbonded by Councilman Settigd on the
following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Rappa and -Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4th day of February
1986.
J! ayor Ron Dunin
ATTEST: /
City Clerk Pamel Voges
"/I)
i
APP VED:
_ Q
City Administrative #ficerQ
City Ait6 ney
Community D elopment Director
c-S��