TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Maintenance Agreement In-N-Out Burgers - Site Approval PL7-0044.
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RECOMMENDATION
Approve a maintenance agreement with In-N-Out Burgers, a California corporation for Site Approval PL17-0044 for the continued operation and maintenance of perimeter streetlights, common area landscaping, and parkway areas; and authorize the City manager to execute all documents on behalf of the City.
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FISCAL IMPACT
There is no direct fiscal impact to the City. Maintenance costs are completely offset by the development.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
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Expenditure: |
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BACKGROUND
Tentative Parcel Map 19756 and Master Site Approval, as presented by Richland Ventures, Inc. (“Richland”) consists of a 1.2 million-square-foot light industrial business center located on 72.77 acres of land within the Airport Related land-use designation of The Preserve Specific Plan. This project is generally located in The Preserve on the east and west sides of Quality Way, between Kimball and Bickmore Avenues. This project was conditionally approved by the Planning Commission on October 7, 2019. In addition, the Planning Commission approved two separate Site Approvals and Special Conditional Use Permits for three buildings on the east side of Quality Way and three buildings on the west side of Quality Way.
In-N-Out Burgers (“Owner”) acquired a portion of the property within the Master Site Approval at the southwest corner of Quality Way and Kimball Avenues. The Owner submitted applications to the City to modify the previously approved Site Approval PL17-0044 and Special Conditional Use Permit for the buildings on the west side of Quality Way to accommodate a processing and distribution facility. These applications included a new site design and architectural theme, consistent with the In-N-Out Burgers brand, which was approved by the Planning Commission on March 16, 2020.
As part of the Conditions of Approval, the Owner is responsible for the continued operation and maintenance of the perimeter streetlights, sidewalk, common area landscaping, and parkway in the Public Right of Way (“PROW”). Per the requirements of The Preserve Specific Plan and City Council policy, the project is required to establish an association for the continued operation and maintenance of said public improvements.
ISSUES/ANALYSIS
City staff and In-N-Out Burgers worked together to prepare a Maintenance Agreement, attached as Exhibit A, which defines the roles and responsibilities for the ongoing maintenance and repair of the following public facilities:
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Improvement |
Description |
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1. |
Dry Utilities |
Electrical conduit, connection lines, and transmission equipment for use by Owner facilities. |
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2. |
Irrigation Improvements |
Irrigation lines, conveyance piping, sprinkler, drop lines, irrigation pumps. |
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3. |
Landscaping |
All Landscaping (grass, shrubs, plantings, and mulch) within the PROW along the project’s frontage. |
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4. |
Private Thoroughfares |
All private roadway crossings over PROW |
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5. |
Sidewalks |
All pedestrian sidewalks. |
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6. |
Signs |
All public signs. Note: the monument sign and its adjacent irrigation / landscape located on the southwest corner of Kimball Avenue and Quality Way will be maintained by the future association formed under the Covenants, Conditions, and Restrictions (CC&Rs) for the Altitude Business Center. |
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7. |
Streetlights |
All streetlights in the PROW and on the Owner’s property. |
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8. |
Wet Utilities |
Sewer and water laterals on the Owner’s property that cross from Quality Way through PROW. |
Additionally, the City requested the westernmost median on Kimball Avenue fronting the AM/PM commercial property and McBride’s RV Storage to be landscaped either by Richland or In-N-Out Burgers. Richland indicated that they are amenable to adding the landscaping to its scope of work, which is above and beyond the original Condition of Approval for the Master Site Approval. Costs associated with the additional work are reimbursable through the development impact fee program; therefore, Richland would receive an immediate reimbursement for these improvements upon final acceptance by the City Council. The ongoing maintenance of the median would be the responsibility of the association formed under the future CC&Rs for the Altitude Business Center.
The maintenance agreement has been reviewed and approved by the City Attorney. Therefore, it is the staff’s recommendation to the City Council to approve the maintenance agreement with In-N-Out Burgers, a California corporation.
Attachment:
Exhibit A - Maintenance Agreement