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Agenda Item 18.
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| City Council Meeting |
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| Subject: |
| Final Parcel Map 2017-125, Subdivision Agreement and Bonds, Encroachment License Agreement, Site Maintenance and Restoration Agreement and Grant of Easement for Brea Imperial Center Located at the Southwest Corner of Imperial Highway and State College Boulevard. |
| RECOMMENDATION |
1. Accept Final Parcel Map 2017-125;
2. Approve Subdivision Improvement Agreement and Bonds;
3. Approve Encroachment License Agreement;
4. Approve Site Maintenance and Restoration Agreement; and
5. Approve Grant of Easement |
| BACKGROUND/DISCUSSION |
On July 24, 2018, the Planning Commission approved Resolution No. PC 18-07 to conditionally approve Tentative Parcel Map No. 2017-125 for Brea Imperial Center located at the southwest corner of Imperial Highway and State College Boulevard. Tentative Parcel Map 2017-125 proposed to subdivide an existing 4.6-acre shopping center with 2 parcels into 3 parcels. The parcel sizes are 0.5 acre for Parcel 1, 3.3 acres for Parcel 2 and 0.8 acre for Parcel 3. This property is zoned C-G (PD) General Commercial (Precise Development). The property is fully developed with five existing buildings. Three of the five existing buildings are proposed to remain in place. One of the existing buildings is proposed to be removed and replaced with parking area. The existing fast-food restaurant building is proposed to be removed and replaced with a new fast-food restaurant building. Refer to Exhibit 'A' attached hereon for the location of the property.
Pursuant to the Conditions of Approval ("Conditions") set forth on Resolution PC 18-07, the applicant, JTECC Investment LLC, is required to prepare Covenants, Conditions and Restrictions ("CC&Rs") and improvement plans for the required public improvements. The required public improvements include reconstruction of two driveway approaches on State College Boulevard, reconstruction of one driveway and removal of one driveway approach on Randolph Avenue, construction of new water and fire services on Randolph Avenue, construction of one storm drain connection and installation of two gate valves on the public water mains located in the property. Since the approval of the tentative parcel map, the applicant has completed the above-mentioned document and plans.
The Final Parcel Map 2017-125 ("Map") has been approved by the County Surveyor's Office for technical correctness and the City Engineer has determined the Map to be in compliance with the State Subdivision Map Act, in conformance with the Tentative Parcel Map, and in compliance with City ordinances. Additionally, the applicant has entered into the Subdivision Improvement Agreement ("SIA") and posted $86,600 in bonds to guarantee the construction of the required public improvements.
Additionally, there is an existing City owned parcel (APN 284-181-39) adjoining this property and located on the southeast corner of Imperial Highway and Randolph Avenue. Refer to the attached Exhibit 'B' for the location of the City owned parcel. The property owner has been maintaining the landscape improvements on this parcel. In accordance with the Conditions, the property owner has entered into the Encroachment License Agreement with the City for the property owner to continue to improve, operate, maintain and repair the existing and proposed landscape improvements on the City owned parcel.
Furthermore, there are existing City owned and maintained 8-inch water lines and 18-inch storm drain lines that are located in the property. See Exhibit 'B' for the location of these utilities. There are existing and proposed improvements over these City owned utility lines. These improvements include concrete curb and gutter, small retaining walls and landscape plantings. Therefore, in order to allow these privately maintained improvements, the property owner has entered into a Site Maintenance and Restoration Agreement with the City as specified in the Conditions. The Agreement stipulates that the City will be responsible for removing the improvements in order to maintain or repair the City owned utility lines. Upon completion of the repair, the City will backfill the trench to the existing finish surface. The property owner will then be responsible to replace the site improvements at their own expense.
Lastly, a portion of an existing on-site driveway connecting to Randolph Avenue is located within the public right-of-way. Refer to Exhibit 'B' for the location this driveway. An easement for access being granted by the City rectifies the existing condition. The Grant of Easement requires the property owner to maintain and repair the driveway.
The agreements and the Grant of Easement have been reviewed and approved as to form by the City Attorney's office. |
| FISCAL IMPACT/SUMMARY |
The applicant has paid all required fees per Resolution PC 18-07. Therefore, there is no fiscal impact to the General Fund.
The Map has been approved by the County and City Engineer and the applicant has entered into SIA and posted $86,600 bonds. The applicant also entered into an Encroachment License Agreement and a Site Restoration and Maintenance Agreement in accordance with the project Conditions. Moreover, an access easement granted by the City rectifies the existing conditions for the driveway on Randolph Avenue.
Staff has reviewed the Conditions and Map and has determined that the Conditions per Resolution PC 18-07 have been satisfied and the Map conforms with the Tentative Parcel Map 2017-154. Therefore, staff recommends City Council accept the Final Parcel Map No. 2017-154, approve the SIA and bonds, approve Encroachment License Agreement, approve Site Restoration and Maintenance Agreement and approve Grant of Easement.
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| RESPECTFULLY SUBMITTED: |
William Gallardo, City Manager
Prepared by: Hsing Chao, Associate Engineer
Concurrence: Michael Ho, P.E. Deputy Director of Public Works / City Engineer and Tony Olmos, P.E., Public Works Director |
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