HomeMy WebLinkAboutMINUTES - 08052014 - C.04RECOMMENDATION(S):
1. ADOPT reversion to acreage findings as set forth in Government Code section 66499.16, subdivisions (a) and
(b)(2), as to Minor Subdivision 06-0022 (MS06-0022).
2. APPROVE condition for reversion to acreage as set forth in Government Code section 66499.17, subdivision (a),
as to Minor Subdivision 06-0022.
3. ADOPT Resolution No. 2014/268 approving the Parcel Map, Reversion to Acreage of Minor Subdivision 06-0022.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On August 12, 2008 (Resolution No. 2008/570), the Board approved the recordation of a parcel map and execution
of a subdivision agreement for subdivision MS06-0022 and an associated subdivision improvement surety bond.
Subdivision
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/05/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Jocelyn LaRocque
925-313-2315
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: August 5, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Engineering Services, J. LaRocque, Engineering Services, W. Lai, Records Division, R.Hutchins, IT, DCD - Planning, 30 Muir Road, Martinez, CA 94553, Samuel R.
Rodriguez, owner, 23 Fairview Avenue, Bay Point, CA 94565, Mark Mushkat/Oscar LLC, subdivider, 116 Laidlet Street, San Francisco, CA 94131, Engineering Services, Clerk,
Engineering Services, J. Capozzo
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 5, 2014
Contra
Costa
County
Subject:Approving the Parcel Map for Reversion to Acreage of MS06-0022, for a project being completed by Contra Costa
County, Bay Point area.
BACKGROUND: (CONT'D)
MS06-0022 is a two-lot subdivision of property located off Fairview Avenue near the intersection of Willow Pass
Road in the Bay Point area. The subdivider is Mark Mushkat/Oscar LLC. The Subdivision Agreement required the
subdivider to complete the subdivision improvements within two years of execution. The subdivider failed to
install any of the road and drainage improvements required for the subdivision, and thus, is in default.
The Public Works Department attempted to resolve the default with the subdivider’s principal, Mr. Mark
Mushkat, sending a renewal notice on August 11, 2010, followed by a Notice of Default on September 20, 2011,
Second Notice of Default on October 18, 2011, and Last Notice to Take Legal Action on October 4, 2012. During
the notification process, Mr. Mushkat informed us that his two parcels were purchased at a foreclosure sale by
Samuel Rodriguez. Public Works staff contacted both Mr. Mushkat and Mr. Rodriquez (letters dated November
15, 2012 and July 30, 2013) and has met with both parties with their respective representatives to suggest an
extension to the subdivision agreement, which would allow more time to install the subdivision improvements.
However, neither party took action to renew the agreement or install the improvements.
Under the Subdivision Map Act, a subdivided property may be reverted back to acreage if certain criteria are met.
Both Mr. Mushkat and Mr. Rodriguez were notified that, with a defaulted agreement and no installation of
improvements, this subdivision is subject to reversion to acreage.
On June 3, 2014 (Resolution 2014/179), this Board authorized the Public Works Department to commence
proceedings to revert to acreage subdivision MS 06-0022. On June 24, 2014, the County Planning Commission
approved a parcel map providing for the reversion to acreage of the land included in subdivision MS06-0022, in
accordance with the Subdivision Map Act and County Ordinance Code. The Board is now asked to adopt
statutory findings that allow for the reversion, approve a condition of the reversion, and approve the reversion to
acreage parcel map. These actions are required before the reversion may be completed by the recording of the
reversion to acreage parcel map.
FINDINGS:
Government Code section 66499.16 provides that subdivided real property may be reverted to acreage only if the
legislative body finds that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for
present or prospective public purposes; and
(b) Either:
(1) All owners of an interest in the real property within the subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made within two years from the date the final or
parcel map was filed for record, or within the time allowed by agreement for completion of the improvements;
whichever is later; or
(3) No lots shown on the final map or parcel map have been sold within five years from the date such map was
filed for record.
As set forth below, the facts in this case support findings (a) and (b)(2). The findings in (b)(1) and (b)(3) do not
apply.
Facts Supporting Finding (a): The recorded parcel map for subdivision MS06-0022 (203PM50, filed on April 10,
2009) shows a private access and utilities easement. This easement is proposed to be vacated, and, for this reason,
is not shown on the attached reversion map. However, as the easement is for private use, it is not necessary for
present or prospective public purposes. These facts support the finding that dedications or offers of dedication to
be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.
The recorded parcel map of subdivision MS06-0022 also shows a 3-foot dedication to the County for roadway
purposes along the Fairview Avenue frontage. This dedication is for a future right-of-way along Fairview Avenue,
a public street. Unlike the private access and utilities easement, however, this dedication is not proposed to be
vacated or abandoned, because it is necessary for prospective public purposes. The dedication is shown on the
attached reversion map.
Facts Supporting Finding (b)(2): The parcel map for subdivision MS06-0022 was recorded on April 10, 2009.
The deadline in the subdivision agreement to complete the improvements was August 12, 2010. The subdivider
has to-date failed to complete any of the improvements required by that agreement. These facts support the
finding that none of the improvements required to be made have been made within two years from the date the
parcel map was filed for record, or within the time allowed by agreement for completion of the improvements,
whichever is later.
CONDITION:
Government Code section 66499.17, subdivision (a), states that as a condition of reversion, the legislative body
shall require “[d]edications or offers of dedications necessary for the purpose specified by local ordinance
following reversion.” The three-foot dedication for roadway purposes, referenced above and identified on the
attached reversion map, is the only necessary dedication. By approving Recommendation #2 above, the Board
requires this dedication as a condition of this revision, and approves this condition.
CONSEQUENCE OF NEGATIVE ACTION:
The parcel map reverting subdivision MS06-0022 to acreage will not be recorded and the reversion to acreage will
not take place.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2014/268
Supporting documentation