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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: May 8, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Eduardo Valle and Sonia Mendoza and the City of Brentwood for MS No. 359-03, located at 2714 and 2716 O’Hara Avenue.

Prepared by: Jessica Ward, Technical Assistant

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Eduardo Valle and Sonia Mendoza and the City of Brentwood for MS No. 359-03, located at 2714 and 2716 O’Hara Avenue, identified as APN 018-060-063, and directing the City Clerk to file the agreement with the Recorder of Contra Costa County.

PREVIOUS ACTION
On May 2, 2004, by Planning Commission Resolution No. 04-08, Planning Commission approved Tentative Parcel Map MS No. 359-03 to subdivide a 1.4 acre parcel into two parcels located at 2714 and 2716 O’Hara Avenue, with conditions.

BACKGROUND
The Subdivision Map Act sets limitations on improvements required during subdivision of property by a parcel map (a parcel map consists of four or fewer lots). Section 66411.1 of the Subdivision Map Act allows deferment of certain off-site public improvements as long as deferring the improvements will not pose any public health or safety threats, and the required construction is not necessary for the orderly development of the surrounding area. The City may enter into an agreement with the Owner/Developer to defer these certain improvements.

The project known as MS No. 359-03 is located at 2714 and 2716 O’Hara Avenue, identified as APN 018-060-063. The property consists of 1.4 acres and is being subdivided by Eduardo Valle and Sonia Mendoza (“Owner/Developer”) into two parcels. Conditions of approval for this project required the Owner/Developer to: 1) design and construct or pay its fair share of improvements for O’Hara Avenue along the entire project frontage; and 2) provide separate metered connections for both Parcel 1 and 2 to the City’s water system; and 3) provide connection to City’s sanitary sewer system for Parcel 1; and 4) abandon and remove any existing septic systems to the satisfaction of the City Engineer and the Contra Costa County Department of Health; and 5) modify the existing landscape and irrigation and existing fence and walls.

To satisfy these conditions the Owner/Developer has: 1) Participated in the 2006 CIFP to finance their fair share of the improvements to O’Hara Avenue along the property frontage; and 2) executed the Deferred Improvement Agreement for the connection of Parcel 1 and 2 to City water, for the connection of Parcel 1 to City sewer, for the abandonment of the septic system to the satisfaction of the City Engineer and the Contra Costa County Department of Health and for the modification of existing landscape and irrigation and existing fence and walls.

FISCAL IMPACT
There is no fiscal impact to the City. Per the Deferred Improvement Agreement, the cost of the improvements being deferred will be the Owner/Developer’s responsibility.

Attachments:
Resolution
Deferred Improvement Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEFERRED IMPROVEMENT AGREEMENT BETWEEN EDUARDO VALLE AND SONIA MENDOZA (“OWNER/DEVELOPER”) AND THE CITY OF BRENTWOOD FOR MS NO. 359-03, LOCATED AT 2714 AND 2716 O’HARA AVENUE, IDENTIFIED AS APN 018-060-063 AND DIRECTING THE CITY CLERK TO FILE THE AGREEMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on May 2, 2004, by Planning Commission Resolution No. 04-08, the Planning Commission approved Tentative Parcel Map MS No. 359-03 with conditions; and

WHEREAS, the Subdivision Map Act sets limitations on improvements required during subdivision of property by a parcel map; and

WHEREAS, Section 66411.1 of the Subdivision Map Act allows deferment of certain off-site public improvements as long as deferring the improvements will not pose any public health or safety threats, and the required construction is not necessary for the orderly development of the surrounding area; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer must enter into a Deferred Improvement Agreement with the City for the construction or fair share payment for the ultimate improvements to O’Hara Avenue along the project frontage; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer must provide separate metered connections for both Parcel 1 and 2 to the City’s water system; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer must provide connection to City’s sanitary sewer system for Parcel 1; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer must abandon and remove any existing septic systems to the satisfaction of the City Engineer and the Contra Costa County Department of Health; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer is responsible for the modification of existing landscape and irrigation and existing fence and walls.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute a Deferred Improvement Agreement between Eduardo Valle and Sonia Mendoza and the City of Brentwood for MS No. 359-03, located at 2714 and 2716 O’Hara Avenue, identified as APN 018-060-063 and direct the City Clerk to file the agreement with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of May 2007 by the following vote:
 

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