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
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.
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.
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
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
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
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
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: