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HomeMy WebLinkAboutMINUTES - 07231985 - X.11 X it TO: BOARD OF SUPERVISORS FROM: Contra Supervisor Tom Torlakson WSIa DATE: July 23 , 1985 County SUBJECT: PROPOSAL. TO EXTEND TENTATIVE MAP EXPIRATION (Ordinance Code Section 94-2 . 610) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION BACKGROUND INFORMATION: Stuart Safine has indicated in meetings with me and county staff some problems with our tentative map expiration time schedule. He has taken time to follow up by writing a very detailed proposal for amending our existing ordinance to allow for up to 72 months on a tentative map and the addition of an ordinance code section to allow for the lien procedure allowed by the Subdivision Map Act. (Please review attached material. ) I believe these ideas deserve careful consideration by the Board. RECOMMENDED ACTION: Refer to County Counsel and the Community Development Director to review these ideas and report back to the Board. ( /plg/tentmap.plg) CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON July 23 985 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I I I ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN, CC: County Counsel ATTESTED July 23 , 1985 Community Development J.R. OLSSON, COUNTY CLERK AND EX OFFICIO CLERK OF THE BOARD M382/7-e9 BY (�(� y V DEPUTY JUL,11, 19.85" Law Offices of - SAFINEMURPHYSTERNBERGSCHWARTZ & MULLEN Stuart e S S Murphy , , (415) 825-3933 , Telephone Terence phy David M.Sternberg Concord Office Park Ronald M.Schwartz 1070 Concord Avenue,Suite 100 John R.Mullen - Concord, California 94520 July 9, 1985 Supervisor Tom Torlakson 45 Civic Avenue Pittsburg, CA 94565 Dear Supervisor T -rka son: As a result of recent conversations with you and members of staff of Contra Costa County, we have been attempting to resolve the problems created for residential developers in view of the change in the economy in the Contra Costa County area. As I' am quite certain you can appreciate, rising construction costs and rates of interest have caused the subdivider to not actually go ahead with construction until the economic climate is such that a profit can be generated. Hence, the tendency today to "sit on" an approved tentative map for as long as possible. Because these developers have spent considerable time, energy and financial resources obtaining an approved tentative map, and further because the Subdivision Map Act of the State of California allows for up to six years prior to termination of the map and the alternate posting of a lien on the property as a form of performance security (Government Code Sections 66462, 66499 and 66463.5) , it is felt that Ordinance Code Section 94-2.610 should be amended to allow for up to 72 months on a tentative map (in lieu of the existing 54 months) and the addition of Ordinance Code Section 94-4.407 to allow for the lien procedure allowed by the Subdivision Map Act. It is the intent of both of these proposed sections that in the event of the non-filing of the final map within 72 months and/or the posting of cash, surety bond or acceptable letter of credit as provided for in Section 94-4.406 within two years of the execution of a holding agreement, the tentative map will expire without any further action on behalf of the County, and the land will revert to acreage . You might be interested to note that both Danville and Martinez currently allow fo --6O month including extensions before the tentative map expi es. I .would appreciate your kind consideration of these proposed changes to the Contra Costa County Ordinance Code and your introduction of them .accordingly before the Board of Supervisors. Supervisor Tom Torlakson July 9, 1985 Page. Two Should any. questions arise., in regard to either of these proposed changes, please contact me accordingly. It would be my ..pleasure. to appear before the Board of Supervisors to help with the. .introduction of• these amendments. Thank you, for your courtesies in this matter. Very truly your , STUART A. AFINE SAS/ks. Enclosures . cc : Mr John Wollman Mr. Bob Pacini � i PROPOSED CONTRA COSTA COUNTY CODE SECTION 94-2.610 94-2.610 Expiration - Extension. The approval or conditional approval of a tentative map shall expire 36 months after its original approval. The expiration of the approval or conditional approval shall terminate all proceedings and no final map or parcel map of any or all portion of the real property included within the tentative map shall be filed without first processing a new tentative map. Upon application of the subdivider filed prior to the expiration date of the approval or conditional approval of the tentative map, the time at which such map expires may be extended by the advisory agency which originally approved the tentative map for a period or periods not exceeding; a total of three years. PROPOSED CONTRA COSTA COUNTY CODE SECTION 94-4.407 Alternate Security. In' lieu of the security for performance prescribed by Section .94-4.406, the amount of said security may be in the form of a lien or any other form of .acceptable security upon - the property to be divided and which. shall be created by contract ,,between the owner of said real property and the County of Contra Costa. If it i.s found that it would not be in the public interest to require the installation of the improvements sooner than two years .after recordation of the ' map and pursuant to a holding agreement, during which said two years from the date of execution of said holding agreement the lien must be removed by, compliance, with Section 94-4.406, or upon the failure to so comply with Section 94-4.406, no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing 'a new tentative map, and the property previously divided shall ' revert to acreage without any further action on the part of the- County.