TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Final Acceptance of Public Improvements for Site Approval PL16-0671, G&SS Restaurant Corporation (Andy’s Burgers), located at 4616 Riverside Drive.
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RECOMMENDATION
1) Accept public improvements as complete for Site Approval PL16-0671; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.
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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BACKGROUND
On November 13, 2017, the Planning Commission conditionally approved Site Approval PL16-0671 for the construction of a 4,925 square-foot drive-thru restaurant (known as Andy’s Burgers) with a 592 square-foot outdoor seating area, located on a 0.96-acre site in the Commercial General Zoning District. The project is located at 4616 Riverside Drive, on the northeast corner of Wright Avenue and Riverside Drive (Exhibit A).
The Engineering Conditions of Approval (“COA”) for this project required the applicant to design and construct certain frontage improvements including, sidewalk; streetlights, curb, and gutter; curb ramps, sidewalk, signing & striping, drive approaches; street pavement, domestic water; private storm drain, private sewer; and parkway landscape improvements. The public improvements completed by the applicant necessitated the execution of a Public Improvement Agreement and posting securities that the City Council approved on June 16, 2020 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the applicant. There is no direct fiscal impact on the City.
The COA additionally required that the owner annex the property to the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 82) for public streetlight maintenance along the project’s frontage, within the right-of-way. The public hearing for the annexation was held on September 1, 2020. The City Council unanimously approved the annexation.
The applicant started the plan check process in July 2018 and underwent several rounds of plan checks for onsite and offsite improvements until December 2018. Construction for the onsite and offsite improvements began in February 2019 and August 2020 respectively. During construction, the City and the applicant met to discuss the City’s condition of approval for the required undergrounding of overhead utilities along the property frontage. Per the applicant’s request and City Municipal Code Chapter 13.32.70.E, City staff agreed to accept a $120,000 in-lieu payment for the undergrounding of dry utility improvements along the project frontage. Additionally, the applicant was required to pay for a fair share contribution toward future improvements at the Wright Avenue & Riverside Drive intersection.
The public improvements are complete per the approved plans and have been constructed to the satisfaction of the City Engineer. Completion of the project was delayed due to the uncertainty brought on by the pandemic and the applicant’s ability to pay the lump sum in-lieu fee, which was a financial hardship to the applicant until recently. The applicant has since paid the fee in full as of April 2024.
ISSUES/ANALYSIS
The public improvements completed have been constructed in compliance with the City’s standards/specifications, and accessibility requirements, and to the satisfaction of the City Engineer.
It should be noted that during project approval, comments from nearby residents expressed concerns over project traffic impacts specifically along Wright Avenue. During the meeting, staff suggested a traffic signal could be constructed at the intersection of Riverside Drive and Wright Avenue to address the residents’ concerns. However, subsequent analysis determined that a traffic signal was not warranted even after project construction. As a result, a traffic signal was not constructed as part of the project. City staff will continue to monitor the operation of the intersection to determine if improvements are needed in the future.
All public improvements that were part of the condition of the Project were fully funded by the Applicant/Developer.
Security for a one-year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:
Domestic Water Lateral: By the City
Sewer Lateral: By the City
Public Street Sweeping: By the City
Public Streetlights: By the City
Landscaping: By the property owner
Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds