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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