AgdaPkt 2014-07-28 Closed, Special and Joint SA

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7.2.D. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager July 28, 2014 SUBJECT Consideration of a request to modify or remove the requirement for construction of sidewalk and right -of -way improvements along a portion of Alameda de las Pulgas between Harding Street and the Hetch Hetchy, or allow payment of proportional share of in -lieu fees RECOMMENDATION 1. By Motion, enter into an Improvement Agreement with Ricky Hung Ngo and Yung Le to pay in -lieu fees in the amount of $119,000, and 2. By Motion, direct staff to place the balance of the Alameda de las Pulgas sidewalk and right -of -way improvements project on the City's Capital Improvements Program (CIP) BACKGROUND On July 21, 2008, a Notice of Official Action (NOA) was issued, detailing the approval of a request by E.J. Polati to prezone and annex four properties located at 343, 357, 367 & 375 Alameda de las Pulgas. The NOA describes the existing conditions of Alameda de las Pulgas between Harding Avenue and the Hetch Hetchy as being substandard due to lack of curbs, gutters and sidewalks and states, As a condition of approval of this annexation, the developer will be required to improve at least one half of the street." Concurrent with the prezone and annexation, an application for a Tentative Map was approved to allow the subdivision of 343 Alameda de las Pulgas into three lots: 343 (with an existing house), 353 and 355 (new vacant lots). 353 and 355 Alameda de las Pulgas have changed ownership several times and the new owners of both lots (Ricky Hung Ngo and Yung Le) seek to build two new homes. The original developer /subdivider never complied with the requirements to construct the sidewalk and right -of -way improvements, nor entered into an Improvement Agreement nor posted bonds with the City. Subsequently, the Final Map for the 3 -lot subdivision was approved in 2009 by the City without these conditions being met, and was recorded in Volume 79, Pages 20 -22, San Mateo County Official Records. As such, Alameda de las Pulgas remains in its substandard condition, as the condition was not enforced at the appropriate time. Systems have now been put in place to ensure proper coordination between divisions to make certain conditions are monitored and enforced at the appropriate time in the future. With the new owners of 353 and 355 Alameda de las Pulgas seeking to develop their properties, the responsibility to construct the