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 construct...
Click here for full text