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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Leon W. Harman, Trustee of the Leon W. Harman Family Trust and the City of Brentwood for Conditional Use Permit No. 88-10, located at 7810 Brentwood Boulevard.

Prepared by: Heather Silfies, 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 Leon W. Harman, Trustee of the Leon W. Harman Family Trust (“Owner/Developer”) and the City of Brentwood (“City”) for Conditional Use Permit (“CUP”) No. 88-10, located at 7810 Brentwood Boulevard, identified as APN 016-150-113; and directing the City Clerk to file the agreement with the Recorder of Contra Costa County.

PREVIOUS ACTION
On March 21, 2006, by Resolution No. 06-14, Planning Commission approved CUP No. 88-10, for changes to the exterior building design and site improvements to the existing 2,825 square foot KFC restaurant, located at 7810 Brentwood Boulevard.

BACKGROUND
The project known as CUP No. 88-10, is located at 7810 Brentwood Boulevard and is identified as APN 016-150-113. The applicant requested the approval of an amendment to an existing Conditional Use Permit for changes to the exterior building design and site improvements. The Owner/Developer for this project is required to enter into a Deferred Improvement Agreement with the City (per Conditions of Approval No. 13) to design and construct the relocation of any private improvements within the ultimate Brentwood Boulevard right-of-way along the project frontage, as and when required by the City Engineer.

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 responsibility of the Owner/Developer.

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 LEON W. HARMAN, TRUSTEE OF THE LEON W. HARMAN FAMILY TRUST (“OWNER/DEVELOPER”) AND THE CITY OF BRENTWOOD (“CITY”) FOR CUP NO. 88-10, LOCATED AT 7810 BRENTWOOD BOULEVARD, IDENTIFIED AS APN 016-150-113; AND DIRECTING THE CITY CLERK TO FILE THE AGREEMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on March 21, 2006, by Resolution No. 06-14, the Planning Commission approved Conditional Use Permit (“CUP”) No. 88-10, with conditions; and

WHEREAS, as a Condition of Approval of the Conditional Use Permit, the Owner/Developer must enter into a Deferred Improvement Agreement with the City to design and construct the relocation of any private improvements within the ultimate Brentwood Boulevard right-of-way along the project frontage.

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 Leon W. Harman, Trustee of the Leon W. Harman Family Trust and the City for CUP No. 88-10, located at 7810 Brentwood Boulevard, identified as APN 016-150-113; 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 11th day of December 2007 by the following vote:




 
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