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 3515 Monroe Street
Report
BACKGROUND
On May 13, 2014, City Council approved the Monticello Village Project (Project) located at 3515-3585 Monroe Street. The Project consists of 825 residential units, 43,849 square feet of retail, and 16,392 square feet of amenities. The property owner, 3515-3585 Monroe Street LLC, is requesting to install and maintain private landscaping and irrigation system improvements within the Monroe Street median island fronting their property between Pacific Drive and Nobili Avenue.
DISCUSSION
The landscaping improvements are being constructed in the public right of way and have been reviewed by City staff. In the event these landscaping 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 sixty (60) days after written notification from the City. The new landscaping 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 Environmental Impact Report (EIR) prepared for the project and was approved by Council on May 13, 2014.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense. The developer is responsible for all construction and maintenance costs.
COORDINATION
This report has been coordinated with 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 3515-3585 Monroe Street LLC to install and maintain private landscaping and irrigation system improvements within the public right-of-way at 3515 Monroe Street [APN 216-25-006 (2017-18); SC 19,028]; 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