File #: 19-0517    Version: 1 Name:
Type: Agreement Status: Passed
File created: 5/22/2019 In control: City Council
On agenda: 6/5/2019 Final action: 6/5/2019
Title: City Council consideration of Grading and Improvement Agreements for 380 North McKinley Street - Lazy Dog Restaurants, LLC, a Delaware Corporation.
Attachments: 1. Staff Report, 2. Staff Report with Attachments

AGENDA REPORT

REQUEST FOR CITY COUNCIL ACTION

 

 

 

 

DATE:                                          6/5/2019

 

TO:                                          Honorable Mayor and City Council Members

                     

FROM:                     Public Works Department

 

SUBJECT:                     

Title

City Council consideration of Grading and Improvement Agreements for 380 North McKinley Street - Lazy Dog Restaurants, LLC, a Delaware Corporation.

 

End

RECOMMENDED ACTION:

Recommended action                     

That the City Council authorize the Mayor to execute Grading and Improvement Agreements between the City and Lazy Dog Restaurants, LLC, a Delaware Corporation. 

 

Body

ANALYSIS:

Precise Plan 2019-0002 was approved by City Council on May 1, 2019, for the construction of a new 9,570 square-foot restaurant on an existing building pad that formerly contained the Claim Jumper Restaurant located at 380 North McKinley Street. The proposed restaurant is located within the Sub-Regional Shopping Center designation of the Northeast Corona Specific Plan (SP81-2) and in the southwesterly portion of the Corona Hills Shopping Center, as shown on Exhibit “A.”

 

The developer will enter into an Improvement Agreement with the City and post sufficient securities to guarantee construction of the public potable water utility improvements associated with the project.

 

In compliance with Grading Ordinance No. 2568, the developer will also enter into a Grading Agreement to secure the precise grading operations, which include drainage improvements. A cash deposit has been posted to guarantee 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.

 

Securities have been posted as follows:

 

 

 

PWGR2019-0005

Faithful Performance

Labor and Materials

 

Security No.

Amount

Security No.

Amount

Public Improvements

Cash Deposit

$55,100

Cash Deposit

$27,500

Grading and Drainage

Cash Deposit

$94,900

N/A

N/A

Erosion Control

Cash Deposit

$11,900

N/A

N/A

 

COMMITTEE ACTION:

Not applicable.

 

STRATEGIC PLAN:

Not applicable.

 

FISCAL IMPACT:

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

 

PWGR2019-0005 - 380 N. McKinley

Fee Type

Amount

Precise Grading and Public Improvements

Plan Check

$7,523

Erosion Control

Plan Check

$919

 Drainage Study

Review

$4,457

Scanning

Fee

$144

PWLE2019-0009 - 380 N. McKinley

 

 

Easement - on site

Review

$1,503

PWLE2019-0011 - 340 N. McKinley

 

 

Easement - off site

Review

$1,503

 

ENVIRONMENTAL ANALYSIS:

Per Article 19 Categorical Exemptions, Section 15302 (Class 2, Replacement or Reconstruction) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA) and Section 3.21 of the Local CEQA Guidelines, a Notice of Exemption has been prepared for the project because it consists of replacing a previous restaurant with a new restaurant of substantially the same size, purpose, and capacity and will be placed at the same location as the previous structure. Therefore, there is no possibility that the project will have any significant adverse effects on the environment. Additionally, this action is exempt pursuant to Section 15061(b)(3) of CEQA Guidelines, 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 environmental analysis is required.

 

PREPARED BY: MICHELE HINDERSINN, P.E., 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: MITCHELL LANSDELL, ACTING CITY MANAGER

 

Attachments:

1.                     Exhibit “A” - Location Map

2.                     Agreements

 

Developer: Jared Taylor - Golden Property Development for        Engineer: DRC Engineering

                   Lazy Dog Restaurants, LLC.                                                        Greg Cooke

                   5847 Brace Road                                                                         160 South Old Springs Rd, Suite 210

                   Loomis, CA 95650                                                                        Anaheim Hills, CA 92808

                   (805) 440-7537                                                                            (714) 685-6860