For City Council Meeting [July 9, 2019]
TO: Honorable Mayor and City Council
APPROVAL: Rod Foster, City Administrator
FROM: Robb Steel, ACA/Development Services Director
Title
Request City Council Approve a Maintenance Agreement by and between the City of Rialto and Power Mill LLC for the Maintenance of Landscaping on Cactus Avenue.
Body
BACKGROUND:
The City approved PPD 2017-0050 allowing Power Mill LLC to construct the shopping center anchored by WSS and Aldi. The conditions of approval required Power Mill to construct a 16’ median island and construct parkway landscaping in or along both Foothill Boulevard and Cactus Avenue. On June 12, 2018, the City Council annexed the subject areas into the Lighting and Landscaping Maintenance District. The City Council established the maximum annual assessment at $1,370.84.
ANALYSIS/DISCUSSION:
The City and Power Mill agreed to defer construction of the median island in Cactus Avenue and Foothill Boulevard due to limited right-of-way, existing traffic volumes and roadway configurations. Power Mill installed private landscaping along the Foothill Boulevard and Cactus Avenue but did not install the parkway landscaping. The City granted a temporary Certificate of Occupancy while Power Mill prepared the LMD landscape plans for Cactus Avenue. After review, the parties determined that Power Mill could better maintain the 10’ public landscape area along Cactus Avenue by consolidating into the 10’ private landscape area into one common area as shown on Exhibit A, and installing a single irrigation meter that serves both areas.
The Maintenance Agreement attached hereto as Exhibit B conveys the responsibility for maintaining the public landscape on Cactus Avenue to Power Mill (and its successors in interest). The Maintenance Agreement establishes standards and provides enforcement remedies for the City.
Once the City approves the private landscape plan, the City will adjust the annual LMD assessments to reflect the reduction in responsibility.
ENVIRONMENTAL IMPACT:
The request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. By definition, a Project does not include: The creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment according to Section 15378 (b)(4) of the CEQA Guidelines.
GENERAL PLAN CONSISTENCY:
The project is consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:
Goal 2-22: Promote commercial and/or industrial development that is well designed, people-oriented, environmentally sustainable, sensitive to the needs of the visitor or resident, and functionally efficient for its purpose the architectural and design quality of development in Rialto.
LEGAL REVIEW:
The City Attorney reviewed and approved this staff report and the Maintenance Agreement.
FINANCIAL IMPACT:
Operating Budget Impact
The Maintenance Agreement will shift the responsibility for parkway landscape maintenance to a private property owner and from the Lighting and Landscaping Assessment District. The cost impact is neutral to the City.
Capital Improvement Budget Impact
There is no impact based on this action.
Licensing
Not applicable to this action.
RECOMMENDATION:
Staff recommends that the City Council Approve a Maintenance Agreement by and between the City of Rialto and Power Mill LLC for the Maintenance of Landscaping on Cactus Avenue.