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tit CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
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From: Valerie C. Ross, Director
Dept: Development Services
Date: April 30, 2007
Subject: Resolution authorizing execution
of a License and Agreement with JKS-
Marshall Plaza LLC, a Delaware Limited
Liability Company for encroachment of an
overhanging fa~ade and appurtenances in
the right-of-way of a public alley located
south of Second Street and west of"G"
Street.
Synopsis of Previous Council Action:
MCC Date: May 21, 2007
None
Recommended Motion:
Adopt Resolution.
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Valerie C. Ross
Phone: 3305
Contact person: Mark Lancaster, Deputy Director/City Engineer
Staff Report, Resolution
Supporting data attached: and Agreement
Ward:
I
FUNDING REQUIREMENTS:
Amount:N/A
Source: fAcet. No.}
Council Notes:
(Af'r-t n~C1('rirtinn)
Finance:
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Agenda Item No. } 7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing execution of a License and Agreement with JKS-Marshall Plaza LLC, a
Delaware Limited Liability Company for encroachment of an overhanging fat,:ade and
appurtenances in the right-of-way of a public alley located south of Second Street and west of
"G" Street.
BACKGROUND:
On March 12,2007 the Development Review Committee (ORe) approved Development Permit
TyPe II (DP2) No. 06-29 to remodel the Marshall Plaza shopping center which is located at the
southwest corner of "G" Street and 2nd Street.
As part of the remodel, the applicant will be adding a fat,:ade to the west and south faces of
Building No. 707, the most southerly suite of which is occupied by Honeybaked Hams. During
design review it was discovered that the fatrade on the south side of the building will overhang an
existing 24' wide public alley at that location.
As a result, the applicant is requesting a permanent encroachment permit to overhang
approximately 8' of the 24-foot wide alley. The applicant is proposing to channelize traffic to
one 16-foot wide lane westbound only. The City Engineer has reviewed the request and concurs
that the change will not adversely affect traffic circulation through the area. See the attached
location map for the proposed encroachment.
In exchange for the use of approximately 8' of the alley, the applicant has agreed to maintain the
entire alley for as long as the license and encroachment agreement remains in effect.
A separate construction permit from the Public Works Division will be required prior to start of
work in the alley. The applicant will be responsible for obtaining all necessary permits from
other agencies necessary to complete this work. Prior to start of any excavation in the
encroachment area, the applicant will contact Underground Service Alert (USA) and arrange for
the marking of all subsurface utilities. The applicant shall protect existing utilities during all
uses of the encroachment area.
Staff has field reviewed the site and determined that the encroachment into the alley will have
minimal impacts on the adjacent properties. Access to adjacent properties will be maintained at
all times, except for short periods of closure during construction.
The applicant has paid the prescribed fee of $625.00 to cover administrative processing costs of
this License and Agreement.
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04130120079:50 AM
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report. Continued
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt resolution.
Attachments:
Location Map for Proposed Encroachment Permit
Exhibit "A" - License and Agreement
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04/3012007 9:50 AM
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