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 1368 El Camino Real
Report
BACKGROUND
On March 18, 2014, City Council approved the Madison Place Residential/Mixed Use Project (Project) at 1368 El Camino Real. The Project consists of a 4-story mixed-used building with approximately 6,500 square feet of retail/commercial space and 28 residential condominium units. Included within the Project was a proposal by the property owner, Madison Place Condominium Association, to install and maintain private improvements including light bollards, brick paving strips, and planters and benches within the public right-of-way fronting their property. Staff reviewed this proposal, did not find any concerns with the improvements, and tentatively agreed to the proposal with a condition that the property owner execute an agreement with the City for the long term operations and maintenance of these private improvements.
DISCUSSION
The private improvements were reviewed, permitted, and constructed as part of the Project’s encroachment permit and the attached agreement is required for the property owner to properly operate and maintain the private improvements within the public right-of-way. In the event these improvements are required to be removed in the future, per the agreement, the property owner must remove them (or portions thereof) at their sole cost within sixty (60) days after written notification from the City. The improvements will beautify the City’s right of way at no cost for construction or maintenance.
ENVIRONMENTAL REVIEW
The potential environmental impacts of the project were addressed in the Mitigated Negative Declaration which was prepared for the Project and was approved by Council on March 18, 2014.
FISCAL IMPACT
There is no additional cost to the City other than administrative staff time and expense. The developer is responsible for all construction and maintenance costs.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
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 with Madison Place Condominium Association to install and maintain light bollards, brick paving strips, planters, and benches within the public right-of-way at 1368 El Camino Real [APN 269-03-149 (2017-18); SC 19,050]; and
2. Authorize the recordation thereof.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Agreement