File #: 19-0131    Version: 1 Name:
Type: Agreement Status: Passed
File created: 2/8/2019 In control: City Council
On agenda: 2/20/2019 Final action: 2/20/2019
Title: City Council consideration of a Grading Agreement for Precise Grading for 3745 Temescal Canyon Road - Larry R. Haupert and Kristine E. Haupert, husband and wife as joint tenants, dba REXCO.
Attachments: 1. Staff Report, 2. Staff Report with Attachments

AGENDA REPORT

REQUEST FOR CITY COUNCIL ACTION

 

 

 

DATE:                                          2/20/2019

 

TO:                                          Honorable Mayor and City Council Members

                     

FROM:                     Public Works Department

 

SUBJECT:                     

Title

City Council consideration of a Grading Agreement for Precise Grading for 3745 Temescal Canyon Road - Larry R. Haupert and Kristine E. Haupert, husband and wife as joint tenants, dba REXCO.

 

End

RECOMMENDED ACTION:

Recommended action                     

That the City Council authorize the Mayor to execute a Grading Agreement for precise grading between the City and Larry and Kristine Haupert, husband and wife as joint tenants, dba REXCO.

 

Body

ANALYSIS:

Larry and Kristine Haupert, husband and wife as joint tenants, dba REXCO is the owner of 3745 Temescal Canyon Road in the M-2 (General Manufacturing) Zone, as shown on Exhibit “A.”  The owner is proposing to construct a 23,063 square-foot building for light industrial purpose.

 

In compliance with Grading Ordinance No. 2568, the owner will enter into a Grading Agreement to secure the precise grading operations, which include drainage improvements.  A cash deposit has been posted to guarantee grading activities and erosion control.  The grading design conforms to the Grading Ordinance and is consistent with sound engineering standards and practices.  The elevation design minimizes significant height and slope differentials from surrounding properties, while maintaining the City’s obligation to protect the health and safety of citizens and property.

 

The owner, at a future date, will also enter into an Improvement Agreement with the City and post sufficient securities to guarantee construction of water and sewer public improvements associated with the project.

 

Securities have been posted as detailed below:

 

 

 

 

PWGR2018-0027

Faithful Performance

Erosion Control

 

Security No.

Amount

Security No.

Amount

Precise Grading Drainage Improvements

Cash Deposit (Receipt No. R11394)

$ 25,800.00

Cash Deposit (Receipt No. R11395)

$ 4,800.00

 

COMMITTEE ACTION:

Not applicable.

 

STRATEGIC PLAN:

Not applicable.

 

FISCAL IMPACT:

All applicable fees have been paid by the developer as follows:

 

PWGR2018-0027

Fee Type

Amount

3745 Temescal Canyon Road Precise Grading and Erosion Control

Plan Check

$7,540.00

 

ENVIRONMENTAL ANALYSIS:

Per Section 15070 of the Guidelines for implementing the California Environmental Quality Act (CEQA), and Section 6.02 of the City’s Local CEQA Guidelines industrial buildings in the M1, M2, M3, and M4 Zones are not subject to discretional review and are therefore defined as a ministerial project and exempt from CEQA.  Additionally, a mitigated negative declaration and mitigation monitoring plan is not required as it is deemed exempt pursuant to Section 15061(b)(3) of CEQA, which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.  Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.  This action merely approves agreements that provide security to guarantee completion of improvements that are required in connection with a ministerial permit, and there is no possibility that approving these agreements will have a significant effect on the environment.  Therefore, no further environmental analysis is required. 

 

PREPARED BY: MICHELE HINDERSINN, SENIOR CIVIL ENGINEER

 

REVIEWED BY: TOM KOPER, P.E., ASSISTANT PUBLIC WORKS DIRECTOR

 

REVIEWED BY: NELSON D. NELSON, P.E., PUBLIC WORKS DIRECTOR

 

REVIEWED BY: KERRY D. EDEN, ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR

 

REVIEWED BY: MICHELE NISSEN, ASSISTANT CITY MANAGER

 

SUBMITTED BY: DARRELL TALBERT, CITY MANAGER

 

Attachments:

1.                     Exhibit “A” - Location Map

2.                     Grading Agreement

 

Owner: 

Civil Engineer:

dba REXCO

Kevin Richer, P.E

Larry R. Haupert & Kristine E. Haupert

Land Development Design Company, LLC

2518 North Santiago Blvd.,

2313 E. Philadelphia Street, Suite F

Orange, CA 92867

Ontario, CA 91767