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

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7.2.D. - Page 18 Action issued to the Original Applicant the pre - zoning and annexation of the Annexed Properties was conditioned upon the Original Applicant improving at least one -half of Alameda de las Pulgas with sidewalk and right -of -way frontage improvements (including pavement, curbs, gutters and other improvements as necessary to capture drainage, and grading and retaining walls as necessary for construction of sidewalks) that extended north and south along Alameda de las Pulgas beyond the parcel of land being subdivided (the "Right -of -Way Improvements "). H. Upon the annexation into the City, the subdivision of 343 Alameda de las Pulgas also became effective. I. According to an August 4, 2008 Notice of Official Action to the Original Applicant detailing the subdivision approval, like the pre - zoning approval, the tentative map approval similarly included a condition requiring the Original Applicant to install the Right -of- Way Improvements. J. Although both the August 4, 2008 and the July 21, 2008 Notice of Official Actions refer to the Alameda de las Pulgas stretch between Harding Avenue and the Hetch Hetchy right -of -way as 1,200 linear feet, on March 10, 2010, the City received Improvement Plans for the Right -of -Way Improvements that depict approximately 800 linear feet. K. The final parcel map was approved and recorded without the Right -of -Way Improvements being constructed and City staff has not found evidence of any Subdivision Improvement Agreement ensuring completion of the Right -of -Way Improvements at a later date as required by the August 4, 2008 Notice of Official Action, the Subdivision Map Act (Gov. Code §66462(a)) and the City's Subdivision Ordinance (Municipal Code §§ 30.29, 30.79, 30.82). The lots at 353 and 355 Alameda de las Pulgas were subsequently sold. L. Because the Original Applicant did not complete the required Right -of -Way Improvements, Alameda de las Pulgas remains in its substandard condition without curbs, gutters or sidewalks. M. Property Owners have since purchased the Property and now seek to develop the Property with two single - family residences. The Zoning Administrator approved architectural permits for the proposed development on May 9, 2014, conditioned upon, among other things, compliance with all other approvals pertaining to the Property including conditions addressing street, sidewalk, drainage and other right -of -way improvements. N. On January 11, 2014, Property Owners submitted a request to the City to waive the condition requiring construction of the Right -of -Way Improvements on the grounds that requiring them to bear the sole burden of constructing the entire length of the Right -of -Way Improvements which extend north and south of their property by several hundred feet would be unfair. In the alternative, Property Owners requested that they be required to construct only the portion of the Right -of -Way Improvements fronting their Property. O. On April 23, 2014, and June 4, 2014, the Subdivision Committee conducted duly noticed public hearings to consider the request for amendment of conditions of approval, and upon receiving and considering oral and documentary evidence on the application, forwarded a recommendation to the City Council that the required Right -of -Way Improvements be ATTY /AGR/2014.125/ ROW IMPROVEMENT AGREEMENT— ALAMEDA DE LAS PULGAS REV: 07 -21 -14 VR Page 2 of 15