TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Final Acceptance of Public Improvements for Tract Map Nos. 18479, 19935 & 19953 for the Harvest at The Preserve development, generally located at the northwest corner of Pine and Hellman Avenues.
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RECOMMENDATION
1) Accept public improvements as complete for Tract Map Nos. 18479, 19935, and 19953; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
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BACKGROUND
In 2013, Chino Development Corporation (a “Lewis” company) filed applications for Master Site Approval and Tentative Tract Map No. 18480 (an “A” level map) for a property spanning approximately 72.8 gross acres located at the northwest corner of Hellman and Pine Avenues, known as Harvest at The Preserve (”Harvest”) development. Harvest comprises a total of 600 residential units featuring various project types and orientations. The Planning Commission approved the Master Site Approval and "A" map on August 18, 2014.
Subsequently, on June 30, 2015, Lewis submitted applications for four “B” Level Maps to subdivide the easterly portion of the Harvest project area into single family lots for the future development of 207 homes as follows:
• Tentative Tract Map No. 18479 / 9.27 acres / 68 detached single-family residential units
• Tentative Tract Map No. 19936 / 7.82 acres / 56 detached single-family residential units
• Tentative Tract Map No. 19935 / 10.27 acres / 73 detached single-family residential units
• Tentative Tract Map No. 19953 / 1.3 acres / 10 detached single-family residential units
These tracts are located at the northwest corner of Pine and Hellman Avenues, within the Low Density Residential (LDR) land use designation of The Preserve Specific Plan (Exhibit A).
On December 3, 2018, Richmond American Homes, a guest builder for Lewis, submitted an application to the City for Site Approval to develop Tract Map No. 19935. During the public testimony at the Planning Commission meeting, an issue arose regarding a discrepancy on the map concerning the sidewalk widths and private streets. It was also pointed out that the City's current Subdivision Ordinance, implemented in 2010, prohibits the use of private streets in single-family home developments.
However, it was noted that the Preserve Development Agreement, established in 2004, allows maps processed by Lewis to conform to the subdivision ordinance in effect at the time of the agreement. This earlier ordinance did not include a prohibition on private streets, thereby creating a situation where the current ordinance conflicted with the terms of the Development Agreement.
Due to potential issues arising from private streets and infrastructure during construction and acceptance phases, as well as potential long-term maintenance concerns, the Planning Commission imposed a condition on the project. This condition mandated the conversion of the private streets to public streets for all the Harvest "B" level maps.
Staff, in collaboration with the City Attorney, Richmond American Homes, and Lewis, collaborated closely to resolve the discrepancies related to converting private streets to public, widening sidewalks, and addressing constructed improvements. Following extensive discussions, the Planning Commission unanimously approved the significant revisions to the Site Approval.
The Engineering Conditions of Approval (“COA”) for these tracts required Richmond American Homes to design and construct certain frontage improvements including, sidewalk; streetlights, curb, and gutter; curb ramps, sidewalk, signing & striping, drive approaches; street pavement, domestic water; private storm drain, private sewer; and parkway landscape improvements. The public improvements completed by the applicant necessitated the execution of a Subdivision Improvement Agreements and posting securities that the City Council approved on March 5, 2019 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the applicant. There is no direct fiscal impact on the City.
The public improvements have been completed according to the approved plans and have been constructed to the satisfaction of the City Engineer. However, the project's overall completion was delayed due to disputes concerning public street improvements that did not meet the City’s accessibility requirements.
ISSUES/ANALYSIS
On November 15, 2022, the City Council approved five separate settlement agreements with developers, including Richmond American Homes, addressing disputes over public street improvements in various tracts that did not meet accessibility requirements.
Under the settlement agreement with Richmond American Homes, Tract Map Nos. 18479, 19935, and 19953 were classified as "Category D" tracts. This classification recognized that Richmond American Homes had constructed all necessary accessibility improvements to City standards. As these tracts were nearing final closeout, staff was tasked with bringing an action to the City Council to formally accept the public improvements as complete.
The public improvements that are being accepted by the City of Chino include domestic water and street improvements. The public improvements completed have been constructed in compliance with the City’s standards/specifications, and accessibility requirements, and to the satisfaction of the Public Works Inspector and City Engineer. All public improvements that were part of the COA for these tracts were fully funded by the developer.
Security for a one-year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:
Domestic Water: By the City
Public Street Sweeping: By the City
Public Streetlights: By the PMMC
In-Tract Landscaping: By the PMMC
Attachments: Exhibit A Project Location Map
Exhibit B Subdivision Improvement Agreement / Bonds Tract Map No. 18479
Subdivision Improvement Agreement / Bonds Tract Map No. 19935
Subdivision Improvement Agreement / Bonds Tract Map No. 19953
Exhibit C Infrastructure Tract Map No. 18479
Infrastructure Exhibit Tract Map Nos. 19935 & 19953