1998-0721_ORTEGA II_D10_Agenda Report AGENDA ITEM July 21, 1998
TO: George Scarborough, City Manager
kROM: William M. Huber, Director of Engineering&Building
SUBJECT: Consideration of Development Agreement for Construction of Water Facilities -
Burger King and Del Taco (Ortega II)
RECOMMENDATION
By Motion, approve the Development Agreement for Construction of Water Facilities and
authorize the Mayor and City Clerk to execute the Development Agreement for Construction of
Water Facilities.
SITUATION
A. Summary and Recommendation
"Ortega II", C/O Alan Schwartz & Associates, owner/developer of the property known as
Burger King and Del Taco, 27000 Ortega Hwy, (Parcel 2 of Parcel Map 51 Page 14) has
submitted a request to process a Development Agreement for Construction of Water
Facilities. •
The agreement, as well as the water improvement plan, have been reviewed by the
Engineering Division and were found to be in compliance with City and District standards
and specifications. The easement required for the water facilities has been provided by the
developer. The easement issue is discussed under a separate report. All appropriate
bonds and fees have been submitted and paid to the District and the developer has signed
the Development Agreement for Construction of Water Facilities (Attachment 1).
B. Background
The property was originally the Tiny Naylor's Restaurant site. The owner decided to
demolish Tiny Naylor's and lease parcels to Burger King and Del Taco. As a condition
the owner was required to construct water facilities for domestic service and fire
protection improvements for the project.
The water system was constructed as a public water system. This was allowed because
the owner is also requesting approval of a tentative parcel map which would subdivide the
existing 1.5 acre parcel into three parcels. The water system in this scenario would then
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AGENDA ITEM
July 21, 1998
Page 2
benefit more than one parcelwhich would allow for a public 1 water system. The
agreement is necessary when the developer is constructing a public water system which
will eventually be dedicated to the District to maintain.
COMMISIONBOARD REVIEW, RECOMMEDATIONS
The project has been previously reviewed and approved by the Environmental Administrator,
Transportation Commission, Design Review Committee and Planning Commission.
FINANCIAL CONSIDERATIONS
All applicable fees have been paid and the required sureties posted with the City and District.
There are no cost required by the City or District in order to construct the public water system.
NOTIFICATIONS
ORTEGA II, C/O S. Alan Schwartz & Associates
Daniel L. Friess, Friess Company Builders, Inc.
ALTERNATE ACTION
1. By Motion, approve the Development Agreement for Construction of Water Facilities and
authorize the Mayor and City Clerk to execute the Agreement.
2. Do not authorize the Mayor and City Clerk to execute the Agreement.
3. Refer to Staff for additional information.
RECOMMENDATION
By Motion, approve the Development Agreement for Construction of Water Facilities and
authorize the Mayor and City Clerk to execute the Agreement.
Respectfully submitted: Prepared By:
�--�-
William M. Huber, P.E. Craig L. Harris;
Director of Engineering &Building Engineering Assistant
WMH/CH:ch
Attachments: 1. Development Agreement for Construction of Water Facilities
2. Location Map
P:\ENG\DVLP\SP\P ORTEGA\AGENDA.DOC
ATTACHMENT #2
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