HomeMy WebLinkAbout10/04/1988, C-9 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1210, MARGARITA VILLAS, AT 251 MARGARITA STREET (104 LOT CONDOMINIUM) - BDC DEVELOPMENT CORP., SUBDIVIDER �I��H��gI��I�IIIIII�II�IIUIII f MEETING DATE:
pinup cityo san lues oBIspo
mamw COUNCIL AGENDA REPORT UMBEFI
FROM:
David F. Romero Wayne A. Peterson Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil Engineer
SUBJECT:
Acceptance of Public Improvements for Tract No. 1210, Margarita Villas, at
251 Margarita Street (104 Lot Condominium) - BDC Development Corp. ,
Subdivider
RECOMMENDATION:
Adopt Resolution Accepting Public Improvements for Tract No. 1210
DISCUSSION:
1 . Prior Approvals:
a. Tentative Map Approved August 21 , 1984 per Resolution No. 5461 (1984
Series).
b. Final Map Approved, August 19, 1986 per Resolution No.6084 (1986
Series).
2. Description of Improvements:
The public improvements consist of frontage improvements along Margarita
Avenue, water and sewer mains, fire hydrants, and a storm drain culvert.
The interior driveways, landscaping, etc. are privately maintained by the
Homeowners Association. Completion of the remaining site improvements are
under building permits.
All public improvements have been satisfactorily completed and the
subdivider has asked the City to accept them for maintenance and release of
the surety in accordance with the subdivision agreement.
3. Fiscal Impact:
There are no direct fiscal impacts other than normal maintenance.
4. Bonds:
a. Faithful Performance: $152,000
b. Labor & Materials: $201 ,000
c. Monumentation: $ 1 ,430 (cash deposit)
5. Significant Impacts:
None
6. Alternatives:
Option 1 : Adopt resolution accepting public imrrovements.
Option 2: Deny acceptance if the Council finds any conditions have not
been satisfactorily met.
������i�►►uuIIIIIIIIIP ���lll city of san LUIS osIspo
MR,; COUNCIL AGENDA REPORT
Tract No. 1210
Meeting of 10/4/88
Page Two
7. Concurrences:
The Community Development Director and City Attorney concur with the
recommendation. No department has expressed any opposition.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
The subdivider would need to maintain bonds for work already completed.
ACTION RECOMMENDED:
Adopt resolution accepting public improvements for Tract 1210.
Attachments:
1 . Draft Resolution
2. Map
3. Checklist
4. Subdivision Agreement
5. Resolution No. 5461 (1984 Series)
N/jkt1210
jk
RESOLUTION NO. (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1210
AT 251 MARGARITA AVENUE (EDC DEVELOPMENT CORP. , SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No.
1210 and as contained in Resolution No. 5461 (1984 Series), and
WHEREAS, all conditions required per said Resolution No. 5461
(1984 Series) have been met, and
WHEREAS, all public improvements have been constructed to City
standards and specifications,
NOW THEREFORE BE IT RESOLVED that the public improvements are hereby
accepted and the surety is 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.
MAYOR
ATTEST:
CITY CLERK
Resolution No. (1988 Series)
Page Two
APPROVED:
ity Adm'nistrative Officer
City Att ney
1 e,
'City En neer
Foa
tle�
ommunit evelopmentDirector
N/jkt1210
,j k
tr
MEMO
Y C O
- j
co a
Ci
4r f
�'� • ' 0.r C ,a,
1
t
s •: co
y ans�•a r� � '
Coe !f O
.'� :•� • 11 � • ' � a
it .. f •.�� ••A Y W
CD
'e • Q
co
�r+yy •�.ns••
m
r
city o� san tuts oB�spo
LI
FINAL ACCEPTANCE CHECK
PROJECT NAME Sl Margarita
DESCRIPTION 100 Unit Residential Condominium Development
MAP NUMBER Tr 1210 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
DESCRIPTION INITIAL DATE COMMENTS
1 GRADING complete including planting & retaining walls — .n r'w '
2 STOP34 DRAINS d DRAINAGE. STRUCTURES installed
3 SEWERS b SERVICES installed and tested
4 WATERLINES 6 SERVICES installed and tested
5 FIRE HYDRANTS installed and tested 3
6 CONCRETE installed and approved
Curbs and Gutters IU,A •
Sidewalks -� �
Driveways -¢
7 STREET b PAVING installed and approved 1i _
Properly installed and sealed
Cleaned
Signing, striping and curb painting **
8 NON-CITY UTILITIES
P.G.d E. -- Final letter received
Street lights installed, operating, letter sent _ 7 �p/9f X£rrr, r� "` '�'r 'r+Rc
Cable TV -- Final letter received. L Mosr urTj em,.r-eo rcc co-e +rr.6
Telephone Co.-- Final letter received o!
Gas Company -- Final letter received 5 G
9 AS-BUILT.PLANS received and approved r JG
10 PUBLIC IMPROVEMENTS payments received <<1
11 AGREEMENT CONDITIONS have been met ✓ 9
12 MONUMENTATION complete f Cc
13 STREET TREES planted r °�
14 OFF-SITE WORK completed
15 BOND/GUARANTEE deposited /`�i4• �"-' '�-
16 XMM Deposit Account Status �f c �S" As 6f 6 s Ff
**Funds Encumbered for Signs, etc.
OTHER CONDITIONS
17 BOARD OF ADJUSTMENTS jwr
18 PLANNING C014MISSION
19 ARCHITECTURAL REVIEW COMMISSION
20 CITY COUNCIL
21 ABANDONMENTS
22 OTHER
ATTACH LIST OF CONDITIONS 6 SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL,
49-81
PUBLIC SERVICES APPROVAL _ -
A G R E E M F, N T
THIS AGREEMENT dated this 19th . day Of August, 1986 ' by and
between B.D.C. DEVELOPMENT CORP . _ , herein
referred to as "Subdivider , " and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City. "
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that
certain real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1210, City of San Luis Obispo, California, as approved by the City
Council , on the 19th day of Augusr 19 .
---WHEREAS,the Subdivider desires that- said Tract 1210 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the- following subdivisi-oa --- - -
improvements in accordance with said subdivision ordinances and
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
9- 7
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.
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 Council , 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 :
1 . The Subdivider shall deposit a monumentation bond of $1 ,430.00 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 pay water acreage fees of $11 ,271 .72 (9.717 AC x
$1160/AC).
3. The Subdivider shall pay a park-in-lieu fee of $75,440.00.
4. The Subdivider shall pay a Silver City sewer lift station fee of $3,478.53.
5. The Subdivider shall improve the on-site driveways per the approved plans
as well as extension of respective utilities, grading, drainage,
landscaping, etc. as subdivision improvements.
6. The Subdivider shall take appropriate precautions to minimize adverse
construction impacts on neighboring properties due to dust, noise, erosion,
etc.
As to public lands or section property included within said
- -
- Subdivision, if ariy—for tile–restoration of lost section corners- and-for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office, Department of Interior. Washington, D.C.
3
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, (4-�
0"-& .#+{bond) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
( /bond) is in the amount of $152,000.00 and which is
in the amount of the estimated cost of uncompleted subdivision
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 guaFantee '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 against any defective work or labor
done, or defective materials furnished, in the performance of this
agreement.
Completion of the work shall be deemed to have occurred on the date as
of which the City Council_ shall. by.. resolution-du-ly passed and-adopted.
I
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, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, which has
4
been posted by Subdivider , to guarantee faithful performance, forfeited
and utilize the proceeds to 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 total cost of subdivision improvements in
accordance with State law. (50% of $402,000 = $201 ,000)
Said Subdivider has deposited with the City the sum of $12,069.82 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_ —Ln-the event-the--inspect-ion- fees-exceed -the sum-of---- -- -- - - —
$12,069.82, 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 Parties 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 SAN LUIS OBISPO SUBDIVIDER
ATTEST:
1p,
CITI CLERK PAMELA VO S
Approved as to form:
City Att nep
ity E ineer
Agr-1210
by
6
RESOLUTION N0. 5461 (1984 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1210
(MARGARITA AVENUE CONDOMINIUMS) LOCATED AT 251 MARGARITA AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Fi[x]ings. That this council, after consideration of the
tentative map of Tract 1210 and the Planning Commission's reccmmendations,
staff recommdndations and reports thereon, makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent
with the General Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not
likely to cause public health problems.
7. 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.
8. The project is granted a negative declaration on environmental impact
(with mitigation measures specified in initial study ER 09-84) .
SECTION 2. Conditions. That the approval of the tentative map for
Tract 1210 be subject to the following conditions:
R 5461
Resolution Pio. 5461 (1984 Series)
Tract 1210
Page 2
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 utilities shall be undergrounded.
4. Subdivider shall install individually metered water service to each
dwelling unit. Meters shall be clustered and be located at driveway
frontage of units, be unobstructed, and be to the approval of the
Public Works Department.
5. 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. Sewer ejector pumps shall not be allowed.
6. Sewer, water, and storm drain lines, including pipe size, alignment,
and depth shall be to the approval of the City Engineer.
7. All water lines serving fire hydrants to be a minimum of 8 inches in
diameter. All other water lines shall be a minimum of 4 inches in
diameter.
8. Subdivider shall install fire hydrants as required and approved by the
City Fire Department.
9. Existing water wells (two) shall be abandoned and capped in compliance
with applicable City, County and State Regulations.
_ 10. Final map shall note entire common lot area as a blanket utility
easement acceptable to the utility cainpanies and City Engineer.
11. Subdivider shall prepare conditions, covenants and restrictions to be
approved by the City Attorney and Canmunity Development Director prior
to final map approval. CC&R's shall contain the following provisions:
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, riparian area,
walls and fences, lighting, and landscaping in a first class
condition.
b. Grant to the city the right to maintain cannon area if the
homeowners' association fails to perform, and to assess the
homeowners' association for expenses incurred.
Resolution No. 5461 (1984 Series)
Tract 1210
Page 3
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. Homeowners' association shall file with the City Clerk the
-.--- _-- -- --names and -addresses--of allnfficers_oft-he_hcmemmer!'___ .__.-- -.--
association within 15 days of any change in officers of the
association.
12. All private streets/driveways shall be designed to a traffic index of
4.0.
13. Subdivider shall provide and the homeowners association shall maintain
appropriate "no parking" signs and red-curbing as required by the City
Engineer.
14. The drainage channel and culverts shall be designed to accommodate a
10-year minimum design storm. Finished building pads and/or floor
elevations shall be designed to accommodate a 100-year design storm.
Drainage calculations and improvements shall be to the approval of the
city Engineer.
15. Subdivider shall provide for drainage along westerly tract boundary to
the satisfaction of the City Engineer.
16. Subdivider shall grant an easement for drainage and maintenance
proposed over drainage channel. Subdivider shall grant the city
permission for vehicular access through the site to maintain drainage
channel. Subdivider shall obtain permission and easement for drainage
channel modifications off-site adjacent to southerly tract boundary.
Subdivider shall provide access gates as necessary and to approval of
City Engineer.
17. Subdivider shall pay water and sewer charges as determined by the City
Engineer, prior to final map approval.
18. Subdivider shall pay park-in-lieu fees prior to final map approval.
Resolution No. 5461 (1984 Series)
Tract 1210
Page 4
19. Subdivider shall install street trees and street lighting across the
entire street frontage to the approval of the Public Works Department.
20. No additional median cuts shall be made in Margarita Avenue.
21. Subdivider shall pay to the city prior to final map approval thirty
percent (30%) of the total cost toward the future installation of a
traffic signal light at the intersection of South Higuera Street and
Margarita Avenue. Costs shall be determined by the City Engineer.
The City will install the signal when sufficient funds are available.
22. Subdivider shall soundproof the interior of the dwelling units to a 45
db level consistent with the General Plan Noise Element.
23. Subdivider shall install a unit identification plan with directory at
each entrance to site for approval by the Community Development
Director and Architectural Review Commission.
24. No more than 50% of the guest vehicle parking spaces shall be compact
-- - -
--size-.---Guest parking-spaces- shall-be -evenly-di spersed_-throughout_the
site to the satisfaction of the Architectural Review Commission.
25. Subdivider shall provide a minimum of six trash enclosures with a
capacity of three yards. Location and design shall be as approved by
the Architectural Review Commission.
26. Subdivider shall provide for each condominium unit at least 200 cubic
feet of enclosed, weatherproof and lockable private storage space,
exclusive of cabinets and closets within the unit for the sole use of
the unit owner as outlined in the City's Condominium Development
Regulations.
27. Subdivider shall provide a minimum of 250 square feet of qualifying
private open space for each unit within the development as outlined in
the city's Condominium Development Regulations. To qualify, open
space must be private and directly accessible from the unit it serves,
and must have a minimum dimension in every direction of 10 feet for
open space provided at ground level or 6 feet for open space provided
on a balcony or elevated deck, and must be located outside the street
yard required by Zoning Regulations.
28. Subdivider shall increase the width of the two driveway entrances from
Margarita Avenue to the site from 20 feet to 30 feet.
29. There shall be no building or grading within the drip line of trees
that are to remain in the cypress grove, and no pavement within 10
feet of the tree trunks. Subdivider shall retain a qualified arborist
to supervise trimming of trees within the cypress grove.
30. Roadways within the development shall be designated as fire lanes with
red-curbing as required by the Fire Department. n
4 7 /�
Resolution No. 5461 (1984 Series)
Tract 1210
Page 5
31. Subdivider shall submit specific engineering and design plans of any
new riparian area including a detailed landscaping plan including a
passive recreation area for approval by the Architectural Review
Commission before any final approval of the project is granted by the
Architectural Review Commission.
32. Subdivider shall install traffic control devices, signs, and curb
markings to the approval of the City Engineer.
33. Location, design, and materials of any fencing or walls shall be to
the approval of the Architectural Review Commission.
34. All on-site driveways, nonstructural parking improvements, and
utilities shall be installed as subdivision improvements.
35. All garages shall be equipped with automatic garage door openers and
occupants shall be provided two remote-control units.
36. Resident and visitor parking spaces shall be designated to the
approval of the Cc munity Development Director.
37. Drainage running through site shall be underground.
On motion of Councilman Settle seconded by Mayor Billig ,
and on the following roll call vote:
AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this -21st. day of August
1984.
)4ayor--Melanie C. B
Uiig
ATTEST:.
CityYClerk Pamela res
Resolution No. 5461 (1984 Series)
Tract 1210
Page 6
APPROVED:
e"--O-a �6
Aaerstmnt City Admini tra ve Officer
��:.. •
City Attorney
I
Cavity Development Director