REPORT TO COUNCIL
SUBJECT
Title
Action on Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 3511 El Camino Real
Report
BACKGROUND
Lawrence Square Shopping Center, LLC, the property owner of the Lawrence Square Shopping Center located at 3511 El Camino Real, is requesting permission to install three (3) dual-phase soil vapor and groundwater monitoring wells within the public right-of-way. The property owner proposes installing the monitoring wells at the following locations: 1. Northside of 3500 Flora Vista Avenue (Warburton Avenue frontage parking lane), 2. Eastside of 3450 San Marcos Way (St. Lawrence Avenue frontage parking lane), and 3. 3418 Bella Vista Avenue parking lane.
DISCUSSION
The monitoring wells are needed to monitor soil vapor and groundwater conditions downgradient of the project site and are required to comply with the Regional Water Quality Control Board (RWQCB) Case number 43S1201 for the Lawrence Square Shopping Center. The monitoring wells may be in place for several years until the case receives closure from the RWQCB, and at which time, the monitoring wells will be properly destroyed by the property owner under permits with the City of Santa Clara and the Santa Clara Valley Water District.
Staff has reviewed the proposal to install the subject monitoring wells in the City's public right-of-way and did not find any concerns with the proposal. As the monitoring wells are private improvements proposed to be constructed in the public right-of-way, the attached agreement is required for the property owner to install, operate and maintain the improvements to the satisfaction of the City. In the event the City requires destruction of the monitoring wells before the Owner otherwise proposes to destroy them, the attached agreement obligates the Owner to destroy the monitoring wells and restore the public right-of-way at the Owner's sole cost within sixty (60) days after written notifi...
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