HomeMy WebLinkAbout09/20/1988, C-2 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1379 AT 1451 DIABLO DRIVE, A 17 LOT PLANNED UNIT DEVELOPMENT. (THE CAREY GROUP, SUBDIVIDER) MEETING DATE:
�i�h�►�►��Illllll�pi► IIUII city of San LUIS o$ispo 9/20/88
di;% COUNCIL AGENDA REPORT REM N
FROM: Dave Romero, Director Wayne Peterson Prepared By: Jerry Kenny
Public Works Department City Engineer Supervising Civil Engr.
SUBJECT
Acceptance of Public Improvements for Tract No. 1379 at 1451 Diablo Drive,
a 17 Lot Planned Unit Development. (The Carey Group, Subdivider)
CAO RECOMMENDATION
Adopt Resolution Accepting Public Improvements far Tract No. 1379.
BACKGROUND
1 . Prior Approvals:
a. Tentative Map approved March 16, 1986 per Resolution No.5924 (1986•
Series)
b. Final Map approved June 16, 1987 per Resolution No.6233 (1987
Series)
2. Description of Improvements:
The public improvements consist of water and sewer mains, water services,
street trees, utilities, and modifications to frontage improvements. The
onsite driveways and drainage improvements are p-ivate along with
landscaping which are to be maintained by the Homeowners Association.
All public improvements have been completed with the exception of
modification of certain tree wells along the Mirada Dr. frontage. A $350
cash deposit has been posted to guarantee the work to be completed within
30 days. An additional deposit of $1000 was posted to guarantee
installation of backflow prevention devises on certain lots to prevent
sewage backups into the residences in case of a plugged sewer main.
The subdivider has asked the City to accept the public improvements for
maintenance and release of the surety (Letters of Credit) in accordance
with the subdivider's agreement.
3. Fiscal Impacts:
There are no direct fiscal impacts on the City cther than normal
maintenance.
4. Bonds:
a. Faithful Performance- $60,000 Letter of Credit on file.
b. Labor & Materials- $30,000 Letter of Credit on file.
c. Monumentation Deposit- $1800 on file.
d. Sewer Backflow/tree well Deposit- $1350.00 on file. 2
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COUNCIL AGENDA REPORT
TRACT 1379/September 20, 1988
Page Two
5. Significant Impacts: None.
6. Alternatives:
Option 1 : Adopt resolution accepting public improvements.
Option 2. Deny acceptance if the Council finds any conditions have not
been met.
7. Concurrences:
The Community Development Director and City Attorney concur with the
recommendation. No department has expressed opposition.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The subdivider would need to maintain full amount of letters of credit.
ACTION RECOMMENDED:
Adopt resolution accepting the public improvements for Tract No. 1379.
Attachments:
1- Draft resolution
2- Map
3- Checklist
4- Subdivder's Agreement
5- Resolution No. 5924 (1986 Series)
6- Guarantee (Backflow devises/tree wells)
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RESOLUTION NO. (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1379
AT 1451 DIABLO DRIVE (THE CAREY GROUP, SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No.
1379, and as contained in Resolution No. 5924 (1986 Series), and
WHEREAS, all conditions required per Resolution No. 5924 (1986 Series)
have been met, and
WHEREAS, all public improvements have been constructed to City
standards,
NOW THEREFORE BE IT RESOLVED that the public improvements are hereby
accepted and the surety is hereby released in accordance with 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.
APPROVED:
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
C - � - 3
Resolution No. (1988 Series)
APPROVED:
City Administrative Officer
- Ar-/ I
City At rney
Public Works Director
Community Development Director
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FINAL ACCEPTANCE CHECKLIST
PROJECT NAME Clearview - Diablo & Los Osos Valley Road
DESCRIPTION 17 unit planned development
MAP NUMBER Tr 1379 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
d DESCRIPTION JINITIAL DATE COMMENTS
1 GRADING complete including planting E retaining walls Sk
2 STOR14 DRAINS d DRAINAGE. STRUCTURES installed it
3 SEWERS b SERVICES installed and tested of
4 WATERLINES b SERVICES installed and tested /r f/
5 FIRE HYDRANTS installed and tested /L 'f
6 CONCRETE installed and approved t < <' O S�� ,
Curbs and Gutters �.
Sidewalks �. �•
Driveways �• '�
7 STREET d PAVING installed and approved 1,
Properly installed and sealed 9, .,
Cleaned /,
Signing, striping and curb painting
8 NON-CITY UTILITIES
P.G.3 E. -- Final letter received L 0
Street lights installed, operating, letter sent �.
Cable TV -- Final letter received
Telephone Co.-- Final letter received
Gas Company -- Final letter received
9 AS-BUILT PLANS received and approved
10 PUBLIC IMPROVEMENTS payments received
ll AGREEMENT CONDITIONS have been met
12 MONUMENTATION complete L ,g
13 STREET TREES planted
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited
16 388M Deposit Account Status o --
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS
18 PLANNING COMMISSION S_ _
19 ARCHITECTURAL REVIEW COMMISSION _ n
20 CITY COUNCIL _ a
21 ABANDONMENTS ^
22 OTHER G
ATTACH LIST OF CONDITIONS b SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL
9-81 PUBLIC SERVICES APPROVAL
i
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 16th day of June by and
between The Carey Group, Inc. , a California Corporation , 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 1379,
City of San Luis Obispo, California, as approved by the City Council, on
the 16th day of June 7987
The Subdivider desires that said Tract 1379 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:
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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
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Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and/or the City Council:
1 . The Subdivider has deposited a cash monumentation guarantee of $1 ,800.00 to
cover the installation of survey monuments in accordance with the approved
map. 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 sewer fees of $595.00 ($35/lot x 17 lots) (Laguna
Lift Station et al).
3. 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 8 of Resolution No. 5924 (1986 Series).
4. All existing trees to be removed shall be replaced with compensating trees
to the approval of the Public Works and Community Development Departments
per condition 6 of Resolution No. 5924 (1986 Series).
5. Full credit is given for previous park dedication under Tract 603.
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.
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The Subdivider attaches hereto, as an integral part hereof, and as
security for the performance of this agreement, an instrument of credit or
bond approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement. Said
instrument of credit or bond is in the amount of $60,000.00, 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
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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 agrees to deposit with the City a labor and material
bond or acceptable instrument of credit 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 $1 ,800.00 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 ,800.00,
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.
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It is agreed that the Subdivider will furnish copies of the successful
bidder's contract unit prices and total bid prices for all of the
improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OHISP0 EY GROUP, INC.
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y: Carey, ice resident
ATTES
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CITY CLERIC PAM OGES
Approved as to form:
City A orney
City gineer
Agr-1379
by
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RESOLUTION NO. 5924 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1379
(LAGUNA GREEN HOMES - PHASE II) LOCATED AT 1451 DIABLO
DRIVE
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 1379 and the Planning Commission's recommendations, staff recognmendations and
reports thereon, makes the following findings:
1. The design of the subdivision 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-1 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
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Conditions. That the approval -of the tentative map for Tract 1379 be
subject to the following conditions:
1. Lots 6, 8 and 9 shall be revised to eliminate individual driveways between 6' and 16'
in length.
2. All drainage systems on-site shall be private and shall be maintained by the
homeowner's association.
3. Sewer and water main systems shall be public and constructed to city standards, to
the approval of the City Engineer.
4. Subdivider shall relocate sewer main and easement at southerly property line, to the
approval of the City Engineer.
5. All units shall have automatic garage door openers to the approval of the Community
Development Director.
6. Tree removals shall be approved by the Public Works Director and City Tree Committee,
and compensating planting provided.
R 5924
Resolution No. 5924 (1986 Series)
Tract 1379
Page 2
7. 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 assess 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.
8. Final map shall note that all on-site and off-site improvements are subdivision
improvements.
9. Subdivider shall install chip seal paving along Diablo Drive between Los Osos Valley
Road and Mirada Drive to the approval of the Public Works Department staff.
On motion of _Councilman Settle seconded by Mayor Dunin
and on the following roll call vote:
AYES: Councilman Settle, Mayor Dunin and Councilwoman Rappa
NOES: Councilmembers Dovey and Griffin
ABSENT: None
Resolution No. 5924 (1986 Series)
Tract 1379
Page 3
the foregoing resolution was passed and adopted this 18th day of March
1986.
M yor Ron Dunin
A EST:
me
C ty Clerk Pamela V es
A PROVED:
City Administrative Officer
xv4--i7*
City Att ney
Community Development Director
�i►►IIIIIIII ��II�IIIIIIIIIIII�� CASH GUARANTEE TO THE
CITY OF SAN LUIS OBISPO
I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum
of $ 1.350.00 to guarantee:
1. Installation of backflow pro ion on a m rc tn rn piy with
Code requirements to the approval) of the Building Department to
protect IM lots from backflow.( L_rDfb S `7�
11-
2. Construction of tree wells on street trees as required in walk thru
inspection.
at 1451 Diablo Drive Lot(s) 2 thru 10
Block -- Tract 1379
If I fail to make these improvement(s) within 3-0 days from this date,
I hereby authorize the city to use any or all of this deposit as necessary to complete
these improvements and refund the balance of the deposit, if any. If the city has to
proceed with these improvements and the lowest responsible bid exceeds this
deposit, then I agree to deposit the required additional amount within two days after
receiving written notice thereof. I understand the entire deposit shall be refunded if I
make improvements within 3m days from this date.
Signed Date
Please Print:
Name of person to whom cash will be refunded:
Mailing Address:
Refund requested by: Date:
White:File Yellow.Finance Pink:Dept. Goldenrod:Applicant 72-84