REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 801 Martin Avenue
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
On January 3, 2019, the Gahrahmat Family Limited Partnership II (Owner) submitted for a building permit for tenant improvements (Project) located at 801 Martin Avenue (Property). The Project is required to install public improvements along the frontage of the Property including sidewalk, driveways and pedestrian ramps for ADA compliance. The existing condition of the Property frontage required that a private keystone retaining wall (Private Improvements) be installed in the Public Right-of-Way to protect existing redwood trees.
DISCUSSION
The Private Improvements were reviewed, permitted and constructed as a part of the encroachment permit issued for the Project and the attached Agreement and Covenant Running with the Land (Attachment 1) is required for the property owner to maintain the Private Improvements. In the event the Private Improvements are ever required to be removed in the future, per the Agreement, the property owner must remove them (or portions thereof) at their sole cost within 60 days after written notification from the City. The Private Improvements support the preservation of existing redwood trees on the Property at no cost to the City for maintenance.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from CEQA review under Section 15303 of the CEQA Guidelines, construction of small structures.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense. The Owner is responsible for all installation and maintenance costs.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and authorize the City Manager to execute the Agreement and Covenant Running with the Land allowing the installation and maintenance of private improvements within the public right-of-way at 801 Martin Avenue [APN 224-04-090 SC 19,351];
2. Authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary; and
3. Authorize the recordation thereof.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Agreement and Covenant Running with the Land