CITY COUNCIL AGENDA ITEM
Meeting Date: December 14, 2004
Subject/Title: Approve a Resolution accepting off-site Public Improvements
for Conditional Use Permit No. 01-23, Balfour Plaza, located at the
southeast corner of Balfour Road and Walnut Boulevard.
Prepared by: Engineering: D. Galey
Submitted by: Engineering: B. Grewal
Approve a Resolution accepting all off-site public improvements for
maintenance; accepting the Maintenance Bond and releasing the Improvement
Securities for Conditional Use Permit No. 01-23, Balfour Plaza, located at
the southeast corner of Balfour Road and Walnut Boulevard.
On February 19, 2002, by Resolution No. 02-09, Planning Commission approved
Conditional Use Permit No. 01-23, with conditions.
On August 6, 2002, by Resolution No. 02-50, Planning Commission approved
Tentative parcel Map No. 356-02, with conditions.
This project, located at the southeast corner of Balfour Road and Walnut
Boulevard, was approved as an approximate 42,000 sq. ft. retail shopping
center. As a part of the project, the developer, Seven Hills Properties,
constructed off-site public improvements including Balfour Road and Walnut
Boulevard frontage improvements and Hudson Drive extension and intersection
with Balfour Road on the east side of the project. At this time all public
improvements for this project have been constructed and inspected for
conformance with the approved improvement plans including sewer, water and
storm drain lines, sidewalk, paving, streetlights and fiber optics. A
Maintenance Bond has been posted to cover the twelve-month warranty period
for the improvements
The Developer has installed the following public improvement quantities to
be maintained by the City upon acceptance: 125 LF of 8” sewer lines, 114 LF
of 8” water lines, 183 LF of 18” storm drain lines, 2,038 LF of curb and
gutter, 1,276 LF of 5’ wide sidewalk, 1,360 LF of pavement, 1 traffic signal
and 3 streetlights.
The right-of-way offers of dedication were made and previously accepted as a
part of Minor Subdivision No. 356-02. The improvements are now installed to
support the new lots and commercial buildings; therefore, it is the
appropriate time to accept the improvements for maintenance.
Upon acceptance of improvements the City will incur annual costs in the
amount of approximately $3,600, associated with necessary maintenance of
streets, landscaping and utilities. Routine roadway maintenance will be
funded by the General Fund and Measure “C” gas tax, with sewer and water
maintenance funded through their respective enterprise funds. Landscaping
and Lighting Assessment District (LLD) No. 02-9 has been formed for this
project and will be responsible for the street lighting and landscape
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING ALL
OFF-SITE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND
AND RELEASING THE IMPROVEMENT SECURITIES FOR BALFOUR PLAZA, SEVEN HILLS
PROPERTIES, CONDITIONAL USE PERMIT NO. 01-23, LOCATED AT THE SOUTHEAST
CORNER OF BALFOUR ROAD AND WALNUT BOULEVARD.
WHEREAS, on February 19, 2002, by Resolution No. 02-09, Planning Commission
approved Conditional Use Permit No. 01-23, with conditions; and
WHEREAS, right-of-way offers of dedication for public improvements have been
previously dedicated and accepted as a part of Minor Subdivision No. 356-02;
WHEREAS, the required public improvements have been constructed and
completed in substantial conformance with the approved improvement plans.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
that the public improvements are hereby accepted for maintenance; and
BE IT FURTHER RESOLVED that the Maintenance Bonds to guarantee against
defects in material and workmanship for a period of twelve months are hereby
BE IT FURTHER RESOLVED that the Performance and Payment Bonds will be
released within sixty (60) days of the passage of this Resolution; and
BE IT FURTHER RESOLVED that the City Council of the City of Brentwood
directs the City Clerk to file this Resolution with the Recorder of Contra
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 14th day of December 2004 by the following vote: