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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: February 22, 2005

Subject/Title: Adopt a Resolution accepting off-site public improvements for Conditional Use Permit No. 00-06, Resurrection Lutheran Ministries, located at the southwest corner of Fairview Avenue and Sand Creek Road.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution accepting the right-of-way offers of dedication in-fee as shown on MS No. 352-98, accepting public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Conditional Use Permit No. 00-06, Resurrection Lutheran Ministries, located at the southwest corner of Fairview Avenue and Sand Creek Road.

PREVIOUS ACTION
On July 7, 1998, by Resolution No. 98-22, Planning Commission approved Tentative Subdivision Map No. 7950 with conditions.

On February 23, 1999, by Resolution No. 99-62, City Council approved Final Parcel Map MS No. 352-98.

On March 6, 2001, by Resolution No. 01-13, Planning Commission approved Conditional Use Permit No. 00-06, with conditions.

BACKGROUND
This project, located at the southwest corner of Fairview Avenue and Sand Creek Road, was approved as an approximate 22,845 sq. ft. multi-use building for worship services and a preschool. As a part of the project’s conditions of approval, the developer, Resurrection Lutheran Ministries, completed public improvements for the parcel’s Fairview Avenue frontage. At this time, the 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, parkway, landscaping 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: 340 LF of curb and gutter, 340 LF of 5’ wide sidewalk, 5,100 SF of landscaping and irrigation.

The right-of-way offers of dedication for Fairview Avenue and Sand Creek Road were made as a part of Minor Subdivision No. 352-98. These right-of-way offers were previously accepted pending acceptance of improvements. The improvements are now installed to support the buildings and public roadways; therefore, it is the appropriate time to accept the improvements for maintenance.

FISCAL IMPACT
Upon acceptance of improvements, the City will incur annual costs in the amount of approximately $2,850, associated with necessary maintenance of streets and landscaping. Routine roadway maintenance will be funded by the General Fund, Measure “C” and gas tax. Landscaping and Lighting District No. 95-7 has been formed for this project and will be responsible for the landscape maintenance.

Attachments:
Resolution
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE RIGHT-OF-WAY OFFERS OF DEDICATION IN FEE AS SHOWN ON PARCEL MAP MS NO. 352-98; ACCEPTING OFF-SITE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND AND RELEASING THE IMPROVEMENT SECURITIES FOR RESURRECTION LUTHERAN MINISTRIES, CONDITIONAL USE PERMIT NO. 00-06, LOCATED AT THE SOUTHWEST CORNER OF FAIRVIEW AVENUE AND SAND CREEK ROAD.


WHEREAS, on July 7, 1998, by Resolution No. 98-22, Planning Commission approved Tentative Subdivision Map No. 7950 with conditions; and

WHEREAS, on February 23, 1999, by Resolution No. 99-62, City Council approved Final Parcel Map MS No. 352-98, accepting right-of-way offers of dedication subject to acceptance of improvements; and

WHEREAS, on March 6, 2001, by Resolution No. 01-13, Planning Commission approved Conditional Use Permit No. 00-06, with conditions; and

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 for maintenance and all offers of dedication for right-of-ways, easements and parcels of land intended for public use as shown on the Final Map are hereby accepted.

BE IT FURTHER RESOLVED that the Maintenance Bonds to guarantee against defects in material and workmanship for a period of twelve months are hereby accepted.

BE IT FURTHER RESOLVED that the Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.

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 Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of February 2005 by the following vote: 

 

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