AgdaPkt 2008-08-11 Clsd and Reg - Laserfiche WebLink

Browse Search

6.1F Page 1 REPORT To the Honorable Mayor and City Oouncil Fro~ the Oil)! Manager August 11, 2008 SUBJECT Construction Improvement Agreement and Revocable Encroachment Permit - 579 California Way RECOMMENDATION Approve and authorize, by motion, 1) an agreement between the City and George Bechwati for proposed construction improvements at 579 California Way, and 2) a revocable encroachment permit for work proposed within the public right of way at the same address BACKGROUND On March 16,2005, the Planning Commission approved both the Planned Development Permit and the Environmental Assessment (Mitigated Negative Declaration) to construct a new 4,500 square-foot residence at 579 California Way in Emerald Lake Hills. The Zoning Ordinance requires that the applicant receive the Planned Development Permit since this construction is proposed on a steeply (43%) sloped site. The Planned Development Permit requires the developer to construct certain improvements to provide services to the new building, including a retaining wall, fire department connection, driveway access, drainage facilities, utility services and other typical on-site improvements within the public right of way. Site conditions including excessive slope and limited right-of-way make construction of some of the required improvements possible only in the City's right-of-way. As a result, staff recommends that Council grant a revocable encroachment permit in conjunction with approval of the proposed Construction Improvement Agreement for 579 California Way. The revocable encroachment permit will allow Mr. Bechwati's improvements to encroach into California Way, pursuant to Section 29.95, Article VII, Chapter 29 of the Municipal Code. The extent of the encroachment is shown on the attached legal plat. The Engineering & Construction Division has approved the plans for the improvements submitted by the developer's civil engineering consultant, Triad/Homes Associates, Inc. The project will require attention to sensitive issues during construction, such as grading of a steep site, drainage control, tree preservation, and site access on a narrow, unimproved street. Inspections will be performed by the Engineering staff during construction to insure compliance with the permit conditions. Faithful Performance and Payment Bonds, each in the amount of $743,190, are required to be posted by the owner.