HomeMy WebLinkAboutMINUTES - 10192010 - C.08RECOMMENDATION(S):
ADOPT Resolution No. 2010/529 approving and authorizing execution of Grant Deed of
Development Rights, for Minor Subdivision MS 04-00025, for project being developed by
Pacific Northwest Services, LLC, as recommended by the Public Works Director, El
Sobrante area. (District I)
FISCAL IMPACT:
No Fiscal Impact.
BACKGROUND:
On May 15, 2007, the Board of Supervisors approved a parcel map for the minor
subdivision MS04-0025 and the subdivision agreement with the developer, Pacific
Northwest Services, LLC, in conjunction with the filing of said map. The subdivision has
two parcels A and B. The deadline for completion of the subdivision improvements has
passed; however, no work has been initiated at the site.
In a letter dated August 5, 2010, the developer indicated its inability to finance the project in
the current real estate market and requested to grant the development rights to the County in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/19/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: S. Gospodchikov,
313-2316
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 19, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Monica Sinz, Eng. Services
C. 8
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:October 19, 2010
Contra
Costa
County
Subject:Approving Grant Deed of Development Rights, for Minor Subdivision MS 04-0025
order to defer the installation
BACKGROUND: (CONT'D)
of subdivision improvements and obtain release of the performance and payment bonds.
Subdivision ordinance specifies cash, surety bond, or instrument of credit as acceptable
forms of performance and payment security (sections 94-4.406 and 94-4.408). However,
section 94-4.409 allows for deferral of drainage facilities subject to a grant deed of
development rights and advisory agency approval. Therefore, based on the Public Works
Department’s recommendations and pursuant to the provision of County Ordinance Code
sections 92-6.002 and 26-2.2102, on September 28, 2010, the Zoning Administrator
granted an exception to the subdivision ordinance improvement requirements. This Grant
Deed of Development Rights (GDDR) will allow the replacement of bonds as security
with the development rights and prohibit any development until the required subdivision
improvements have been installed and accepted by the County.
CONSEQUENCE OF NEGATIVE ACTION:
The Grant Deed of Development Rights will not be approved; replacement of
performance and payment bonds with development rights will not be authorized.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
Resolution No. 2010/529
GDDR
9-28-10 ZA Determination