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 No. 16420-3 for the Town Center at The Preserve Development, the Area Bounded by Pine Avenue to the North, East Preserve Loop to the East, Market Street to the South, and Main Street to the West.
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RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 16420-3; 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
• Public Service Excellence through Internal and External Partnerships
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BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval (“MSA”) and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original MSA was to establish large parcels, and major backbone street systems for both future residential and non-residential development within the master plan area.
This development project was divided into five (5) phases as referenced in Exhibit 1, titled Phasing Map. More recently, on April 5, 2021, the City’s Planning Commission approved Chino Preserve Development Corporation’s application for a “B” level MSA and Tentative Tract Map 20326 to further master plan "Phase 5" under the original 2008 MSA (Exhibit 2 titled, Location Map Tract Map No. 20326).
Tract Map No. 16420-3, as presented by the developer, consists of a subdivision of 31.11 acres of land for the Town Center at The Preserve, which includes commercial/retail with live/work units and the Main Street apartment community to the east within Tentative Tract Map 20326. This project is bounded by Pine Avenue to the north, East Preserve Loop to the east, future Market Street to the south, and future Main Street to the west (Exhibit 3, titled Location Map Tract Map No. 16420-3).
The Engineering Conditions of Approval (“COA”) for these tracts required the developer, Chino Preserve Development Corporation, to design and construct certain public and private improvements expanding on the existing backbone infrastructure in the area including, but not limited to, potable water lines; street improvements; sewer improvements; and storm drain improvements. The public improvements completed by the developer necessitated the execution of a Subdivision Improvement Agreement and posting securities that the City Council approved on September 7, 2021 (Exhibit 4). 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. The project's overall completion was slightly delayed due to extensive coordination with other ongoing developments in the area. This coordination was crucial to ensure that all related projects aligned and did not interfere with each other. Additionally, the punch list detailing remaining tasks to close out the project were more extensive than initially anticipated. Addressing these issues required additional time and effort, further extending the overall project timeline.
ISSUES/ANALYSIS
The public improvements that are being accepted by the City of Chino include domestic and recycled water, street, sewer, and storm drain improvements as shown on Exhibit 5. 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.
Additionally, some of the public improvements are master-planned facilities detailed in the City’s Development Impact Fee and Nexus Calculation Report. These facilities are eligible for credit or reimbursement under the City's Municipal Code Chapter 3.45 and in accordance with the construction credit and reimbursement agreement approved by the City Council on September 7, 2021 (Exhibit 6). Following the review and approval of the final "as-built" plans, specifications, and supporting documentation by staff, a reconciliation of the actual costs will be presented to the City Council at a subsequent meeting.
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
Recycled Water: By the City
Public Sewer: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Public Streetlights: By the PMMC
In-Tract Landscaping: By the PMMC
Attachments: Exhibit 1 - Phasing Map TM 16420
Exhibit 2 - Location Map Tract Map No. 20326
Exhibit 3 - Location Map Tract Map No. 16420-3
Exhibit 4 - Subdivision Improvement Agreement
Exhibit 5 - Infrastructure Map
Exhibit 6 - DIF Construction Credit & Reimbursement Agreement