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|CITY COUNCIL AGENDA ITEM NO. 34
Meeting Date: December 11, 2007
Subject/Title: Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by Mission Peak Homes.
Prepared by: Debra Galey, Management Analyst
Submitted by: Bailey Grewal, Director of Public Works/City Engineer
Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by Mission Peak Homes (“Developer”).
On January 15, 2002, by Resolution No. 02-03, Planning Commission approved Tentative Subdivision Map No. 8470, with conditions.
On August 12, 2003, by Resolution No. 2939, City Council approved Final Subdivision Map No. 8470, accepting improvement securities and approving a Subdivision Improvement Agreement.
On October 9, 2007, City Council continued the acceptance action of public improvements for Subdivision No. 8470.
On November 13, 2007, City Council continued the acceptance action of public improvements for Subdivision No. 8470 and requested that staff meet with the Empire Avenue residents and the Developer.
Phase I of this subdivision, located south of Lone Tree Way and east of Empire Avenue, has been developed by Mission Peak Homes and contains 65 single-family residential lots. All public improvements required by the project’s Conditions of Approval, for Phase I, have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights, fiber optic conduit and landscaping. As a part of this project, the Developer has constructed the south side of Lone Tree Way widening and Empire Avenue south of Lone Tree Way across the project frontage including improvements to the intersection of Lone Tree Way and Empire Avenue. Landscaping and an asphalt trail along the EBMUD aqueduct on the south portion of the project have also been constructed.
As required by the Conditions of Approval and shown on the improvement plans, the Developer has installed the following improvement quantities: 3,223 linear feet (“LF”) of 10” sewer lines, 2,880 LF of 8” sewer lines, 4,261 LF of 8” water lines, 5,210 LF of various diameter storm drains, 11,525 LF of 5’ wide sidewalk, 3,827 LF of pavement, 11,758 LF of curb and gutter, 42 streetlights, 102,154 square feet of landscaping and irrigation, and 1,240 LF of asphalt trail.
Tonight’s action is to accept the public improvements required by the Developer as complete. As stated above, the Amber Park Subdivision is located on the east side of Empire Avenue south of Lone Tree Way. At the October 9 and November 13 City Council meetings, residents from the west side of Empire Avenue spoke regarding the proposed acceptance action. Their concerns were related to various issues, including: completion of mitigation measures listed in the Mitigated Negative Declaration for the project; wall; noise; drainage; lack of landscaping along the west side of Empire Avenue; glare from the streetlights; and lack of bus stop on Empire Avenue south of Lone Tree Way.
As directed by the City Council, staff met with Mr. David Biddle, his counsel and the Developer to further discuss resident concerns. The following summarizes the meeting discussion or issues that were raised at prior meetings, and outlines completion of work conditioned on the project related to the acceptance action before the City Council. Mission Peak Homes’ views are outlined in the letter to Mayor Taylor dated December 3, 2007, attached to this staff report as an Exhibit.
Environmental Study for the Project:
Resident’s Issue/Concern: Mitigation measures identified as a part of the environmental study were not adequately completed.
Staff Response: a Mitigated Negative Declaration (“MND”) was prepared for the project in accordance with the California Environmental Quality Act (“CEQA”) Guidelines. Potentially significant impacts associated with the project were mitigated through Conditions of Approval which have been satisfied at this time. It should be noted that the MND for this project was approved by the City Council on April 23, 2002. The approval was followed by a 180-day statute of limitations on court challenges to the approval under CEQA, which expired in October 2002.
Wall Along Empire Avenue (Noise):
Resident’s Issue/Concern: Noise resulting from Empire Avenue construction and wall openings at the driveways do not mitigate noise levels as required by the Development’s noise study.
Staff Response: The MND and noise study for the project and Empire Avenue did not indicate a wall necessary for the west side properties. A wall was constructed at the resident’s request and pursuant to the agreements between the City and property owners in exchange for Empire Avenue right-of-way (“RoW”). Wall openings for Empire Avenue driveway access are at locations as discussed with the residents during the design process.
Wall Along Empire Avenue (Height):
Resident’s Issue/Concern: Wall profile does not match the east side wall and is not high enough.
Staff Response: The intent of the west side wall as indicated in the ROW agreements with the residents was to match the east side wall in design, materials and height as measured from the roadway; this has been done.
Resident’s Issue/Concern: Drainage problems resulting from project construction and lack of a hydrology study that included the west side Empire Avenue properties.
Staff Response: Implementation of a Contra Costa County Flood Control District (“CCCFCD”) master drainage plan, construction of 84” and 72” regional storm drain lines and project specific construction of a storm drain system with inlets behind the curb along the west side of Empire Avenue accepted and addressed drainage as conditioned on the development.
The wall along the west side of Empire Avenue has drainage holes near the bottom to allow drainage from the private property into the storm drain system as well as some properties with a subdrain behind the wall. Regional hydrology studies incorporating existing drainage patterns and master planning facilities by region are designed by the CCCFCD.
Empire Avenue Landscaping:
Resident’s Issue/Concern: Lack of landscaping along the west side of Empire Avenue between the newly widened roadway and wall.
Staff Response: Landscaping, in front of westside residencess, was not included as a project condition of approval, If installed by the Developer, this landscape work would have been reimbursable by the City.
The funds that would have been used for landscaping were used instead for the ultimate four-lane construction of Empire Avenue. This four-lane roadway construction was requested by the residents to avoid interim two-lane construction and ultimate widening at a later date. Since the properties on the west side of Empire Avenue are not contributing to the existing landscape and lighting district, if landscaping had been constructed, there would likely be no way to pay for maintenance except through the General Fund.
Resident’s Issue/Concern: Exclusion of a bus stop along Empire Avenue south of Lone Tree Way.
Staff Response: Bus stops and shelters are currently located at all four corners of the Lone Tree Way/Empire Avenue intersection and located to the satisfaction of the City Engineer as indicated in the condition of approval. Each stop is on the “far side” of the intersection as preferred by Tri Delta Transit for traffic safety purposes.
Resident’s Issue/Concern: Streetlight glare from Empire Avenue onto private property.
Staff Response: A streetlighting plan was reviewed and approved by the City, and streetlights have been installed per City Standards. Shields have been added to some of the streetlights to redirect lighting onto the roadway. On an arterial roadway such as Empire Avenue, adequate lighting levels are important for public safety. The shields as installed reduce glare on surrounding property as indicated in the Condition of Approval, while also ensuring adequate light to those traveling on Empire Avenue.
Resident’s Issue/Concern: Construction of pocket parks within the development, rather than a five-acre park does not meet City Municipal Code.
Staff Response: This project complied with its park requirements by a combination of pocket park construction and Park and Trail Facility Fee. The Municipal Code sets a standard of five (5) park acres per every 1,000 residents. This standard sets a Park Master Plan and supporting Facility fee. The master planned 5-acre park near the development is included in the Facility Fee calculation and will move forward as adequate funding permits.
During review of these concerns and responses as outlined, it is important to note that per the City’s Development Fee Program, property owners are financially responsible for street frontage improvements, including utilities and walls, when and if their property develops. This west side roadway work fronting existing residences was conditioned on the east side development project after numerous meetings with these existing residents and their requests for four-lane construction rather than phased two-lane construction. As required by the Subdivision Map Act and Development Fee Program, the City reimbursed the Developer for west side Empire Avenue improvements as roadway oversizing. Wall construction was requested by residents and performed in exchange for right-of-way necessary for the construction of Empire Avenue.
The specific action requested tonight is to accept the public improvements required of the Developer as being complete. Through the City’s walk through and punchlist process, the mitigation measures and conditioned improvements have been confirmed as constructed and completed per City Standards. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for all improvements. The easements and right-of-way necessary for public parcels, roadways and utilities were previously offered for dedication and accepted by the City with the Final Map. The improvements are now installed to support the new lots; therefore, it is the appropriate time to accept the improvements. Staff is of the opinion that the improvements have been completed and nothing additional is required of the Developer for Phase I.
Upon acceptance of improvements, the City will incur annual costs associated with necessary maintenance of streets, landscaping and utilities. Routine roadway maintenance will be funded by the General Fund and Measure “C” transportation sales tax, with sewer and water maintenance funded through their respective enterprise funds. Landscaping and Lighting Assessment District (“LLD”) No. 02-3 has been formed for this subdivision and will be responsible for streetlight and landscape maintenance.
12-3-07 Letter from Steve Allen (Mission Peak Homes) to Mayor Taylor
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING ALL PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE SUBDIVISION MAINTENANCE BOND; AND RELEASING THE SUBDIVISION IMPROVEMENT SECURITIES FOR SUBDIVISION NO. 8470, AMBER PARK PHASE I, LOCATED SOUTH OF LONE TREE WAY AND EAST OF EMPIRE AVENUE, DEVELOPED BY MISSION PEAK HOMES.
WHEREAS, on January 15, 2002, by Resolution No. 02-03, Planning Commission approved Tentative Subdivision Map No. 8470, with conditions; and
WHEREAS, on August 12, 2003, by Resolution No. 2939, City Council approved Final Subdivision Map No. 8470, accepting improvement securities and approving a Subdivision Improvement Agreement; and
WHEREAS, easements and rights-of-way necessary for public parcels, roadways and utilities were previously offered for dedication and accepted by the City with the Final Map; and
WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8470, Amber Park Phase I, developed by Mission Peak Homes that:
1. All public improvements for maintenance are hereby accepted.
2. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve (12) months is hereby accepted.
3. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
4. The City Clerk is hereby directed to file this Resolution with the Recorder of Contra Costa County.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of December 2007 by the following vote:
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