HomeMy WebLinkAboutMINUTES - 02131990 - T.4 ,
To;,• BOARD OF SUPERVISORS
Hervey E. Bragdon,
FROM : :Director of Community Development Contra
February 1, 1990 IJVJIC�
DATE: urty
Proposed Sea Breeze Development and Reimbursement eements
SUBJECT: (Garrett Development, Inc. ) West Pittsburg Area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Accept the environmental documentation as adequate.
2. Find that the attached development and reimbursement agree-
ments are consistent with the General Plan and conditions of
approval for the Sea Breeze project.
3 . Adopt the attached ordinance for the Sea Breeze Development
and Reimbursement Agreements.
4. The Reimbursement Agreement shall be modified as indicated
below subject to final review and approval by the Zoning
Administrator.
A. The Agreement shall be modified to indicate that the
County will reimburse the developer for the actual
costs of certain required improvements (or other
related costs) but in no event may exceed a fixed
specified amount. The fixed specified amount shall be
determined by the Zoning Administrator and inserted
into the Reimbursement Agreement prior to execution.
B. The Agreement shall be modified to indicate that during
the first fiscal year of the Agreement the maximum
amount that the County could be obligated to reimburse
Garrett from general revenue funds. That maximum
amount shall be encumbered during the first fiscal year
for possible payment in a subsequent fiscal year.
The foregoing modification may be replaced by another
provision acceptable to the Zoning Administrator.
5. Authorize the Director of Community Development to sign and
execute the Development and Reimbursement Agreements after
the Reimbursement Agreement has been modified as !stipulated
above and both Agreements have been duly signed by the
applicant, Garrett Development, Inc.
CONTINUED ON ATTACHMENT! YES SIGNATURE; 1 zw__
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON -F Ch1`.0 iI.T. - 1 J•, .1.g 9 0 -.- APPROVED AS RECOMMENDED X OTHER
This being the time heretofore noticed for hearing on the above matter,
And no one appearing to speak; Supervisor Torlakson moved approval.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, 4, and 5 are
APPROVED; and as in recommendation 3, Ordinance No. 90-13 is ADOPTED.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: ^_ NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED FebrLiary_1.5, 1990
and See page 2 PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY U DEPUTY
M382 '7-83 —
., 2 .
BACKGROUND/REASONS FOR RECOMMENDATION
In April, 1989 the Board of Supervisors approved the Sea Breeze
project in the West Pittsburg area providing for a maximum of 138
dwelling units (File #2812-RZ, FDP 3032-89 , SUB 7172) . That
project requires contributions to funds to the West Pittsburg
homeless, local clean-up, Evora Road Alignment Study, and road
shoulder improvements. At the same time, the approved project
allows the applicant to recover these costs by reimbursement, and
receive credit against fee obligations for the costs of other
required improvements.
Following project approval by the Board, the developer, Garrett
Development, Inc. , has submitted proposed Development and
Reimbursement Agreements based on the approved Sea Breeze
project.
CEQA Status
An initial study was conducted on the proposed agreement which
concluded that the proposal would not result in any adverse
environmental impacts. Therefore, a Negative Declaration was
posted on the project.
Zoning Administrator Review
The proposed. agreements were reviewed at the January 8, 1990
Zoning Administrator meeting. At that time, the Zoning .
Administrator acted to recommend that the Board of Supervisors
approve the proposed agreement subject to modifications
based on comments from County Counsel.
DISCUSSION
Attached is the revised Development Agreement. It references the
Sea Breeze Conditions of Approval and other related documents.
Also attached is the proposed Reimbursement Agreement. Two
modifications to this agreement are recommended based on comments
from County Counsel.
The Agreement should be revised to include these modifications
prior to execution of the agreement.
Attachments -
1. Proposed Ordinance for Adoption of Proposed Development
and Reimbursement Agreements.
2. Sea Breeze Development Agreement.
3 . Sea Breeze Reimbursement Agreement.
RD/aa
BDII/Sea.RD
cc: Community Development Dept. (orig. )
County Administrator
Public Works Department
County Counsel
Garrett Development, Inc. (via CDD)
Morrison & Foerster (via CDD)
ORDINANCE NO. 90- 13
(SEA BREEZE DEVELOPMENT AND REIMBURSEMENT AGREEMENTS)
The Contra Costa County Board of Supervisors ordains as follows:
Section I. The Board hereby finds that the provisions of those certain Sea
Breeze Development and Reimbursement Agreements between the County of Contra
Costa and Garrett Development, Inc. , copies which are on file with the Clerk of
the Board, and which have been recommended for approval by the County Zoning
Administrator, are consistent with the County's General Plan and conditions of
approval.s. for the Sea Breeze project.
Section II . The Board hereby approves, pursuant to the authorization provided
in Section 65864 et seg. of the Government Code of the State of California,
entering into those certain Sea Breeze Development and Reimbursement Agreements
between the County of Contra Costa and Garrett Development, Inc. subject to
review and approval of the Community Development Department and County Counsel .
Section III . If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance is for any reason held to be unconstitutional
or invalid, such a decision shall not affect the validity of the remaining
portions of this ordinance. The Board hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phase of
this ordinance irrespective of the unconstitutionality of invalidity of any
section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the Contra Costa Times, a newspaper
published in this County.
PASSED on February 13, 1990 by the following votes:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN:None
ATTEST: PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By:(L Z-44'La
Dep ty Board Chair
RD/aa
BDII/Sea.Ord
COUNTY COUNSEL'S OFF/
CONTRA
10ST A COUNTY
V I
CONTRA COSTA COUNTY 89 NOV 17 PH 2-- 25
MARTINE4 CALIFORNIA
WvEU17-ME1VT
Date: November 17, 1989
To: Community Development Department
Attn: Karl Wandry, Deputy Director
From: Victor J. Westman, County Counselk.1!7-A/.
Re: Development and Reimbursement Agreements, Seabreeze Project
(2812-RZ, 3032-88 and Subd. 7152)
This is to confirm our telephone conversation concerning the
above-noted matter. You have received a copy of Mr. Gold's 10-31-89
letter in which he accepted all but two of this office's 10-9-89
proposed revisions for the pending development agreement. our
further comments on the two unaccepted proposed revisions for the
development agreement and on the draft reimbursement agreement
follow:
A. Development Agreement.
1. Monetary Damages Clause. In Mr. Gold's 10-31-89 letter it is
indicated that the lack of the possibility of suing the County for
monetary damages in the event of a development agreement default
would place his client in an untenable position. Of course, the
existence of such a clause (should an event of default occur) could
place the County in a similar untenable position. From this office's
point of view, the remedy of injunctive relief for the developer
would appear to be sufficient.
It is not legally required that the development agreement have
(or not have) the remedy of damages available to the involved
developer. This is a question of "benefit of the bargain" and
whether it should include the risk of damages for the County. In
other words, a question of policy which your department (at its
discretion) must determine is whether the possibility of damages
should be part--of- the development agreement (See attached page 28) .
Considering the circumstances of the involved development, it is
probably unlikely that a factual situation would occur which would
allow the developer to successfully sue the County for any
substantial monetary damages.
2. Attorney's Fees Clause. Concerning the proposed revision on
"no" attorney's fees (see attached page 29 ) , this office recommends
that it should be inserted in the agreement. It is highly unlikely
that the County will ever have any reasons under the agreement's
Karl Wandry, Deputy Dir. -2- November 17, 1989
provisions to sue the developer for the breach of the agreement. But
if the developer successfully sues the County for any matter (delay,
etc. ) , he would be entitled to attorney's fees and costs. For this
reason, we recommend the inclusion of the proposed revision inserted
on attached page 29 .
B. Reimbursement Agreement. Concerning the reimbursement
agreement, we offer the following comments for your consideration:
1. Board Approval. Considering the provisions of this
agreement, it must be submitted for approval by the Board of
Supervisors . Even though the conditions of approval provide the
zoning. administrato.r--with agreat deal of discretion to determine
what the substantive provisionsofthe agreement are to be, it
appears to this office that the repayment provisions require Board
approval.
2. Exhibits C and D. In our recent brief telephone conversation
concerning the status of this matter, it was indicated that you have
agreed to some revisions to Exhibit C (Reimbursable costs) and
Exhibit D (Creditable costs) different from the drafts of these two
exhibits submitted with Mr. Gold's 10-31-89 letter to us . If these
revisions have any substantial impact on the agreement, we assume you
will bring those to our attention.
3. Cost limits. Pages 3, 4 and 5 of the proposed 17-AUG-89
draft appear to have the County agreeing to reimburse the developer
for certain costs without any specified total monetary limit. We
suggest consideration of some revision of these provisions to
indicate that the County will reimburse the developer for the actual
costs of certain required improvements (or other related actions) but
in no event exceeding a fixed specified amount. That fixed amount
can be determined as a result of a negotiation between you and the.
developer's representatives.
It is assumed that where this agreement provides that the
developer (Garrett) will be reimbursed from various drainage or road
fees otherwise collected that the use of those collected fees is
appropriate for reimbursement of Garrett. In other words, the
adopted improvement plans for the involved fee ordinances (pursuant
to which those fees are collected) contemplate Garrett's public
improvements.
4 . Non-fee Reimbursement. The reimbursement agreement appears
to provide that if during its fixed 36 month period fees received
from road or drainage, area ordinances are insufficient to reimburse
Garrett, the County will fund and pay that excess . Since the
agreement does not fix- the source of County funding for that excess,
it would appear to be the County's general fund. You should
determine if that is correct as I don't recollect this was
Karl Wandry, Deputy Dir. -3- November 17, 1989
specifically considered at the time the County approved the Garrett
development.
If it is contemplated that general fund revenues may be used for
this reimbursement, this may present a legal problem since (under the
current wording of :,t.h..e.. acrreement) the County would be agreeing at
this time to in a subsequent fiscal year reimbursing the developer
for installed public improvements from general funds . One possible
way to avoid. this. problem would be, to fix during the first fiscal
year of the agreement the maximum amount that the County could be
obligated to reimburse Garrett from general funds and encumber that
maximum sum during the first fiscal year for possible payment in a
subsequent fiscal " year. If this is -a problem, we are available upon
your request to further review this matter and assist with its
resolution.
Should you have any questions concerning the foregoing or other..
provisions of the involved..agreements, ,,please feel free to contact us
for clarification.
VJW:df
the term of this Agreement, such failure shall be deemed an
approval by County of Developer's compliance with the terms
of this Agreement.
With respect to each year for which an annual
review of compliance with this Agreement is conducted, and
with respect to each year in which the County is deemed to
approve of Developer's compliance with this Agreement
pursuant to the preceding paragraph, the County, upon
request of Developer, shall provide Developer with a written
notice of compliance, in recordable form, duly executed and
acknowledged by the County. Developer shall have the right,
in Developer's sole discretion, to record this notice of
compliance.
C. Default bv County. In the event County
cleCIO<
does not accept, review, approve'Aor issue necessary
development permits, entitlements, or other land use or
building approvals,, if any., for use in a timely fashion as
provided in this Agreement, or as otherwise agreed to by the
parties, or the County otherwise defaults under the terms of
this Agreement, Developer shall have all rights and remedies
provided herein or under applicable law, including without
limitation, the right to seek specific performance by the
coup y. /;v Ale ev m ei Develegy �-?Ve aAA1
All 0 V 4C r1Q
D. Enforced Delay; Extension of Time of
Performance. In addition to specific provisions of this
28
MAOMIn rmAt--w4
Agreement, performance by either party hereunder shall not
be deemed to be in default where delays or defaults are due
to war, insurrection, strikes, walk-outs, riots, floods,
earthquakes, fires, casualties, acts of God, governmental
restrictions imposed or mandated by other governmental
entities, enactment of conflicting state or federal laws or
regulations, judicial decisions, or similar basis for
excused performance which is not within the reasonable
control of the party to be excused. Litigation attacking
the validity of this Agreement, any of the Project
Approvals, or any permit, ordinance, entitlement or other
action of a governmental agency necessary for the
development of the Project pursuant to this Agreement shall
be deemed to create an excusable delay as to Developer.
Upon the request of either party hereto, an extension of
time for such cause will be granted in writing for the .
period of the enforced delay, or longer as may be mutually
agreed upon.
E. .. LecTal Action. Either party may, in',
61,vdf, ble
addition to any other rights or remedies, institute legal
A
action to cure, correct or remedy any default, enforce any
covenant or agreement herein, enjoin any threatened or
attempted violation or enforce by specific performance the
a
obligation and ri7hts of the4arties hereto. gv- Na e V
-rl?vc;� 6 oo elvl e
10
1 75
Y l eX -7
L/
29
C48918 CDAG2)
RESIDENTIAL DEVELOPMENT AGREEMENT
RECORDING REQUESTED BY:
David A. Gold
AND WHEN RECORDED MAIL TO:
David A. Gold
Morrison & Foerster
One Ygnacio Plaza, Suite 450
101 Ygnacio Valley Road
Walnut Creek, CA 94596-3570
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COUNTY OF CONTRA COSTA AND
GARRETT DEVELOPMENT, INC.
RELATIVE TO THE DEVELOPMENT KNOWN AS
SEA BREEZE
TABLE OF CONTENTS
Page
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 1
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 1. General Provisions . . . . . . . . . . . . . . . . 7
A. Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Effective Date . . . . . . . . . . . . . . . . . . . . . . . 7
C. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
D. Amendment of Agreement . . . . . . . . o . . . . . . 8
( 1) Due Process Exemptions 8
(2) Amendment Exemptions 9
E. Amendment of Development Plan,
Parcel Map and Conditions of
Approval o . . . . . . o . . . . . . . o . . . o . . . o 9
( 1) Administrative Amendments . . . . . . 9
(2) Non-Administrative
Amendments . . . . . . — . . . o . . . o . . . . 11
Section 2 . General Development of the
Property . . . . . . . . . . . . . o . . . o . . . . . . . o 11
A. Development and Control of
Development
B. Permitted Uses . . . . . . . . . . . . . . o . o . o . . . . 11
C. Rules, Regulations and Official
Policies . . . . . . . . . . . . . . . . . . o . o . o . . . . . . 14
( 1) Effective Standards . . . .. . . . . . o . . 14
(2) No Conflicting Enactments . . . . . . 14
(3) Initiatives and Moratoria . . . . . . 15
Page
y.
(4) State and Federal Laws . . . . . . . . . 17
D. Development Timing . . . . . . . . . . . . . . . . . . . 17
E. Fees, Conditions and Dedications . . . . . 18
( 1) Processing Fees . . . . . . . . . . . . . . . . 18
(2) Police Power; Taxing Power . . . . . 19
(3) Environmental Mitigation . . . . . . . 19
F. Life of Subdivision Maps and
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 3 . Obligations and Contributions
ByDeveloper . . . . . . . . . . . . . . . . . . . . . . 21
Section 4 . Cooperation-Implementation . . . . . . . . 21
A. Processing . . . . . . . . . . . . . . . . . . . . . . . . . . o 21
B. Other Governmental Permits . . . . . . . . . . . 24
C. Eminent Domain Powers . . . . . . . . . . . . . . . . 24
Section 5. Cooperation in the Event of
Legal Challenge . . . . . . . . . . . . . . . . . . . 25
Section 6 . Default; Remedies; Termination . . . . 25
A. General Provisions . . . . . . . . . . . . . . . . . . . 25
B. Annual Review . . . . . .. . . . . . . . . . . . . . . . . . . 27
C. Default by Country . . . . . . . . . . . . . . . . . . . 29
D. Enforced Delay; Extension of
Time of Performance . . . . . . . . . . . . . . . . . . 29
E. Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . 30
F. Applicable Law . . . . . . . . . . . . . . .I . . . . . . . . 30
Section 7 . Hold Harmless Agreement . . . . . . . . . . . 30
Section 8 . No Joint Venture or Partnership . . . 32
Section 9 . General . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 10. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
ii
Page
Section 11. Consent of Other Parties . . . . . . . . . . 36
Section 12 . Assignment and Notice . . . . . . . . . . . . . 36
Section 13 . Estoppel Certificate . . . . . . . . . . . . . . 37
Section 14 . Counterparts and Exhibits . . . . . . . . . 37
iii -
DEVELOPMENT AGREEMENT BETWEEN THE
COUNTY OF CONTRA COSTA AND
GARRETT DEVELOPMENT, INC.
RELATING TO THE DEVELOPMENT KNOWN AS
SEA BREEZE
THIS DEVELOPMENT AGREEMENT (hereinafter this
"Agreement" ) is entered into this day of r
1989 by and between GARRETT DEVELOPMENT, INC. , a California
corporation (hereinafter "Developer" ) , and the COUNTY OF
CONTRA COSTA, apolitical subdivision of the State of
California (hereinafter "County" ) , pursuant to the authority
of Sections 65864 et seq. of the Government Code of the
State of California.
RECITALS
A. To strengthen the public planning process,
encourage private participation in comprehensive planning
and reduce the economic risk of development, the Legislature
of the State of California adopted Section 65864 et seq. of
the .Government Code (the "Development Agreement Statute" ) ,
which authorizes the County to enter into an agreement with
any person having a legal or equitable interest in real
property providing for the development of such property and
establishing certain development rights therein.
1
C48918 [DAG2] 31-OCT-89 14 :47 :32
B. Developer owns fee title to certain real
property consisting of approximately 36 .5 acres located in
the West Pittsburg area of the County, outlined on
Exhibit "A" attached hereto, and more particularly described
on Exhibit "B" attached hereto (the "Project Site" ) .
C. It is the intent of Developer to develop the
Project Site as a residential project (the "Project" ) .
consisting of 138 single-family detached dwelling units .
D. On March 17, 1987, this Board of Supervisors
(the "Board" ) , by Resolution No. 87/143, adopted an
amendment to the County General Plan (County File No.
) , redesignating the Project Site to Multiple Family
residential (Medium Density) /Public and Semi-Public/General
Open Space (the "General Plan Amendment" ) .
E. In connection with the development of the
Project, the Developer, in , 1988, applied for
various land use approvals (the "Project Approvals" )
including:
(1) A rezoning of the Project Site (County
File 2812-RZ) from "General Agriculture (A-2) " to "Planned
Unit District (P-1) " (the "Rezoning" ) ;
(2) Approval of a Preliminary and Final
Development Plan No. 3032-88 for the Project Site (the
"Preliminary Development Plan" and the "Final Development
Plan, " respectively) . A copy of the Final Development Plan
is attached hereto as Exhibit "C" ; and
2
C48918 [DAG2] 31-OCT-89 14 :47 : 32
(3) Approval of a vesting tentative
subdivision map for the Project Site (Subdivision File
No. 7152) (the "Vesting Tentative Map" ) . A copy of the
Vesting Tentative Map is attached hereto as Exhibit "Do "
F. Pursuant to the California Environmental
Quality Act, California Public Resources Code section 21000
et seq. ( "CEQA" ) , the County Community Development
Department staff on November 29, 1988 prepared an Initial
Study of Environmental Significance for the Project,
including a Supplemental Information attachment (the
"Initial Study" ) , which Initial Study determined that the
Project would not have significant environmental impacts
which had not been mitigated to a level of insignificance by
modifications to the Project, including certain conditions
of approval (the "Conditions of Approval" ) agreed to by the
Developer. Based upon the Initial Study, the County
Community Development Department prepared a Mitigated
Negative Declaration of Environmental Significance (the
"Mitigated Negative Declaration" ) regarding the Project
pursuant to Pub. Res . Code S 21080(c) (2) , and properly
posted such Mitigated Negative Declaration on December 2 ,
1988 through December 12, 1988.
Go on December 12, 1988, at a duly called and
noticed hearing of the Commission, the East County Planning
Commission (the "Commission" ) adopted Resolution
3
C48918 [DAG2] 31-OCT-89 14 :47 :32
No. , recommending approval of the applications for
the Project Approvals.
H. Following the Commission's approval of the
applications for the 'Project Approvals, the Commission
received several letters requesting that the Commission
reconsider its decision on the Project.
I. On January 9, 1989, at a duly called and
noticed hearing of the Commission to consider the requests
for- reconsideration,. the Commission voted to deny the
requests for reconsideration and to consider and adopt
findings for the Project, and on January 23, 1989, at a duly
called and noticed .public meeting to consider and adopt
findings for the Project, the Commission voted to adopt the
findings set forth in the Commission's Resolution
No. 89-
J. on April 4, 19.89, the Board, after duly
noticed public. hearings.. on March 7, 1989 and .March 21, 1989 ,
adopted Resolution No. which accepted. the
environmental documentation prepared for the Project as
adequate and in compliance with* CEQA, .approved the
applications for the Project Approvals subject to the.
Conditions of. Approval, and adopted findings in connection
with the Project Approvals . A copy of Resolution No.
is attached hereto as Exhibit "E" .
4
C48918 [DAG2] 31-OCT-89 14 :47 :32
K. On 198 the County
Zoning Administrator, the advisory body for purposes of
Development Agreement review pursuant to Government Code
Section 65867, at a duly noticed public hearing and
following appropriate environmental review, adopted
Resolution No. recommending that the Board approve
this Agreement. On 19_, the Board
introduced Ordinance No. and set a public hearing
for the adoption of Ordinance No. approving this
Agreement. On , 1989, following a duly
noticed public hearing and pursuant to the requirements of
CEQA, the Board adopted Ordinance No. approving
this Agreement, made appropriate findings that the
provisions of this Agreement are consistent with the County
General Plan and authorized the execution of this Agreement.
In adopting this ordinance, the Board also determined that
the Mitigated Negative Declaration on the Project adequately
addressed the environmental review of this Agreement. A
copy of the Board's Resolution No. is attached
hereto as Exhibit IT" .
L. Development of the Project Site in accordance
with the Development Agreement and all applicable
regulations in force on the Effective Date will provide for
orderly growth consistent with the goals, policies, and
other provisions of the County General Plan.
5
C48918 [DAG2] 31-OCT-89 14 :47 :32
M. The County desires that the Project Site be
developed in order to, among other things, ( 1) enhance the
Evora Road and Highway 4 scenic corridors, (2) preserve the
8-acre area on the Project Site known as. "Hill 4281, as
permanent open space, (3) offset the demand for high
quality, single-family housing in the County and (4 ) provide
for construction of needed road and recreational
improvements . adjacent to the Project Site.
N. : For the reasons recited herein, Developer and
the County have determined. that the Project is a development
for which this Agreement is appropriate. This. Agreement
will eliminate uncertainty in planning and provide for the
orderly development of the Project Site, insure progressive
installation of necessary improvements, provide for
preservation of. substantial permanent open space, provide
for public trail facilities, provide funding for traffic
improvements, childcare facilities, , and. efforts to combat
homelessness, provide for public services appropriate to the
development of. the Project, ensure attainment of the maximum
effective utilization of resources within the County at the
least economic cost to its citizens, 'and otherwise achieve
the goals and purposes for which the Development Agreement
Statute was enacted. In exchange for these benefits to the
County, together- with the public benefits that will result
from the development of the Project, Developer desires to
receive the assurance that it may proceed with the Project
6
C48918 [DAG2] 31-OCT-89 14 :47 :32
in accordance with the existing ordinances, resolutions,
policies and regulations of the County pursuant to the terms
and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the premises,
covenants and provisions set forth herein, the parties agree
as follows :
AGREEMENT
Section 1. General Provisions.
A. Covenants. The provisions of this
Agreement shall constitute covenants or servitudes which
shall run with the land comprising the Project Site and the
burdens and benefits hereof shall bind and inure to the
benefit of all estates and interests in the Project Site and
all successors in interest to the parties hereto.
B. Effective Date. This Agreement shall
become effective upon the thirtieth (30th) day following the
adoption by the Board of the ordinance approving this
Agreement, or the date upon which this Agreement is executed
by Developer and by the County, whichever is later (the
"Effective Date" ) .
C. Term. The term of this Agreement shall
commence upon the Effective Date and shall. extend until the
fifteenth ( 15th) anniversary of the Effective Date, unless
said term is otherwise extended by circumstances set forth
in this Agreement or by the mutual consent of the parties
hereto. Following the expiration of said term, this
7
C48918 [DAG2] 31-OCT-89 14:47 :32
Agreement shall be deemed terminated and of no further force
and effect; provided, however, such termination shall not
affect any right of Developer arising from County
entitlements for the Project which were approved prior to,
concurrently with or subsequent to the approval of this
Agreement or the Developer's duty to defend, save and hold
the County harmless as provided herein.
D. Amendment of Agreement. This Agreement
may be amended from time to time by mutual consent of the
original parties or their successors in interest, in
accordance with the provisions of California Government Code
Sections 65867 and 64868, provided that:
( 1) Due Process Exemptions . Any
amendment to this Agreement which does not relate to the
term, permitted uses, provisions for reservation and
dedication of land, or conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
monetary contributions by Developer or any conditions or
covenants relating to the use of the Project Site shall not
require notice or public hearing before the parties may
execute an amendment hereto; and
(2) Amendment Exemptions. Any amendment
of the Final Development Plan, Vesting Tentative Map,
Conditions of Approval, or the "Reimbursement Agreement"
(defined below) by either the Developer, the County Director
of Community Development, or the County, whichever is
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C48918 [DAG2] 31-OCT-89 14 :47 :32
applicable, pursuant to Section 1.E. ( 1) below, or Section
l.E(2) below, any resubdivision of the Project Site, or any
filing of an amended subdivision map which creates new legal
lots (including the creation of new lots within any
designated remainder parcel) or which reflects a merger of
lots shall not require an amendment to this Agreement.
Instead, any such amendment, resubdivision, or filing shall
be deemed to be incorporated into this Agreement at the time
that such amendment, resubdivision, or filing is approved as
provided in this Agreement.
E. Amendment of Development Plan, Vesting
Tentative Map and Conditions of Approval. The Final
Development Plan, the Conditions of Approval and the Vesting
Tentative Map may, from time to time, be amended or modified
in the following manner:
( 1) Administrative Amendments . Upon the
written request of Developer for a minor amendment or
modification to the Final Development Plan, Vesting
Tentative Map or Conditions of Approval including, but not
limited to, (a) the location of buildings, streets and
roadways and other physical facilities, or (b) the
configuration of the parcels, lots or development areas, the
Director of the County Department of Community Development
shall determine whether the requested amendment or
modification is minor and whether the requested amendment or
modification is consistent with this Agreement, the General
9
048918 [DAG2 ] 31-OCT-89 14 :47 : 32
Plan and applicable provisions of the County zoning and
subdivision ordinance in effect as of the Effective Date.
For purposes of this Agreement, the determination whether
such amendment or modification is minor shall refer to
whether the amendment or modification is minor in the
context of the overall Project. If the Community
Development Director finds that the proposed amendment is
both minor and consistent with this Agreement, the Project
Approval Conditions, the General Plan, and the applicable
provisions of the County zoning and subdivision ordinance,
the Community Development Director may approve the proposed
amendment without notice and public hearing. For purposes
of this Agreement and notwithstanding any County ordinance
or resolution to the contrary, lot line adjustments, changes
in the alignment of trails which maintain the trail's
primary route, the substitution of comparable landscaping
for any landscaping shown on the Final Development Plan or
any landscape plan, variations in the location or grading ,of
lots or homesites which do not substantially alter the
design concepts of the Project, and variations in the
location or installation of utilities and other
. infrastructure connections and facilities which do not
substantially alter the design concepts of the Project shall
be deemed minor amendments or modifications .
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C48918 [DAG2 ] 31-OCT-89 14 :47 :32
(2) Non-Administrative Amendments .
Except as provided in ( 1) above, the amendment or
modification of the Final Development Plan, Vesting
Tentative Map or Conditions of Approval shall be subject to
the applicable substantive and procedural provisions of the
County's zoning, subdivision and other applicable land use
ordinances in effect on the Effective Date.
Section 2 . General Development of the Property.
A. Development and Control of Development.
Developer shall have the vested right to develop the Project
on the Project Site in accordance with the terms and
conditions of this Agreement, the Project Approvals, the
Conditions of Approval and such amendments thereto as shall,
from time to time, be approved pursuant to Section 1 .D and
1 .E of this Agreement.
B. Permitted Uses. The permitted uses of
the Project Site, the density and intensity of use, the
maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public
purposes and location of public improvements, location of
public utilities and other terms and. conditions of
development applicable to the Project Site, shall be those
set forth in this Agreement, the Project Approvals, the
Conditions of Approval and amendments thereto.
The size, configuration, height and location of any
buildings, homesites, or building pads shown on the Final
11
C48918 [DAG2] 31-OCT-89 14 :47 : 32
Development Plan as it may be amended, and the size and
shape of particular parcels of the Project Site shown on the
Final Development Plan and the Vesting Tentative Map as they
may be amended, shall remain subject to change in accordance
with Section 1 .E above. The County is bound. to permit the
uses on the Project Site which are permitted by this
Agreement. The County agrees to grant and implement the
Project Approvals and, if, required, to grant, other land use
and building approvals., including, but not to,
landscape plan approvals, grading permits, building permits,.
parcel maps, tentative subdivision maps, final subdivision
maps including phased final subdivision maps, lot line
adjustments and certificates of occupancy, reasonably
necessary or desirable to accomplish the goals, objectives,
policies and plan shown and described in the Final
Development Plan, the. Vesting Tentative Map, the Conditions
of Approval, and this Agreement as such Project Approvals
and documents may be amended from time to time in compliance
with all applicable regulations .
The County further agrees to grant and implement
subsequent project applications related to clearing of the
Project Site, grading of the Project Site in accordance with
the Final Development Plan, construction of roads, storm
drainage facilities, sewer facilities, water storage tanks
and other utility facilities and connections, construction
of recreational trails and construction of 138 homes
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C48918 [DAG2] 31-OCT-89 14 :47 :32
pursuant to the Final Development Plan as it may be amended
pursuant to this Agreement, subject to the limitations set
forth in the Conditions of Approval and applicable
regulations . The County further agrees to approve a final
landscaping plan which meets the conditions set forth in the
Conditions of Approval, as well as approvals for any offsite
improvements within the County's jurisdiction to be
constructed by Developer, including, without limitation,
improvements to Evora Road.
The aforementioned subsequent discretionary
approvals shall be granted and approved by County on a
timely basis, provided applications for such approvals are
submitted to County during the term of this Agreement,
comply with all applicable regulations, and provided further
that Developer is not in default of the terms and conditions
of this Agreement. Developer's failure to develop the
Project Site shall not result in liability of Developer
except as provided for in this Agreement.
C. Rules, Regulations and Official Policies .
( 1) Effective Standards . Except as
otherwise provided in this Agreement, the rules,
regulations, official policies and Conditions of Approval
governing permitted uses of the Project Site, timing or
implementation of the Project, development, density and
intensity of use, design, improvement, construction and
building standards, occupancy and specifications applicable
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048918 [DAG2] 31-OCT-89 14 :47 : 32
to the Project Site and the Project and all on-site and off-
site improvements and appurtenances in connection therewith,
shall be those rules, regulations, official policies and
Conditions of Approval (together with the "Reimbursement
Agreement, " defined below, which implements certain of the
Conditions of Approval) in force upon the execution of this
Agreement.
(2) No Conflicting Enactments . Neither
the County nor any agency of County shall enact an
ordinance, resolution, or other measure which relates to the
rate, timing or sequencing of the development or
construction of the Project on all or any part of the
Project Site, which is in conflict with this Agreement, or
which reduces development rights provided by this Agreement.
Without limiting the foregoing general statement, and for
all purposes pursuant to this Agreement generally, and this
Section 2 .0 specifically, an ordinance, resolution or other
measure shall be deemed to conflict with this Agreement if
the ordinance, resolution, or measure seeks to accomplish
any one or more of the following results, either with
specific reference to this Project, or as part of a general
enactment which applies to this Project:
(a) limiting or ,reducing the
density or intensity of the Project or any part of the
Project, or otherwise requiring any reduction in the square
footage or total number of proposed homes and other
improvements;
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C48918 [DAG2] 31-OCT-89 14 :47 :32
(b) limiting the timing or phasing
of the Project- in any manner;
(c) limiting the location or
homesites, grading, or other improvements on the Project
Site in a manner which is inconsistent with or more
restrictive than the limitations included in the Project
Approvals and the Conditions of Approval; or
(d) applying to the Project or the
Project Site any law, regulation, or rule otherwise allowed
by this Agreement which is not uniformly applied on a
County-wide basis to all substantially similar types of
development projects or project sites .
( 3) Initiatives and Moratoria. In the
event an ordinance, resolution or other measure is enacted,
whether by action of the County, by initiative, referendum,
or otherwise, which relates to the rate, timing or
sequencing of the development or construction of the Project
onallor any part of the Project Site, County agrees that
such- ordinance, resolution or other measure shall not apply
to the Project, the Project Site, or the Project Approvals .
Without limiting the foregoing, County agrees that no
moratorium or other limitation (whether relating to the
rate, timing or sequencing thereof) affecting subdivision
maps, building permits or other entitlements to use which
are approved or to be approved, issued or granted within the
County, or portions of the County, shall apply to the
15
C48918 [DAG2] 31-OCT-89 14:47 :32
Project Site, the Project or the Project Approvals . To the
maximum extent permitted by law, County agrees to use its
best efforts to prevent any such ordinance, measure,
moratorium or other limitation from invalidating or
prevailing over all or any part of this Agreement, and
County agrees to cooperate with Developer in a reasonable
manner in order to keep this Agreement in full force and
effect. Except to take those actions required by law,
County shall not support or adopt any initiative,
referendum, moratorium, ordinance, or policy, or take any
other action, if such support, adoption, or other action
would violate the intent of this Agreement. Developer
reserves the right to challenge any such ordinance or other
measure in a court of law should it become necessary to
protect the development rights vested in the Project Site
and the Project pursuant to this Agreement.
Nothing in this subsection C limits the actions
which any County officer or employee may take in their
individual capacities .
(4) State and Federal Laws . As provided
in California Government Code Section 65869 .5, and
notwithstanding any other provision of this Agreement, this
Agreement shall not preclude the application to the Project
of changes in County laws, regulations, plans or policies,
to the extent that such changes in County laws, regulations,
plans, or policies are specifically mandated and required to
16
C48918 [DAG2] 31-OCT-89 14:47 : 32
be applied to matters such as this Project by changes in
state or federal laws or regulations. In the event such
changes in state or federal laws prevent or preclude
compliance with one or more provisions of this Agreement,
County and Developer shall take such action as may be
required pursuant to Section 6 .D (Enforced Delay; Extension
of Time of Performance) and Section 4 (Cooperation-
Implementation) of this Agreement.
. D. Development Timing. There is no
requirement under this Agreement that Developer must
initiate or complete development of any particular portion
of the Project within any period of time to be set by the
County. It is the intention of the parties hereto that
Developer will be able to develop in accordance with the
Developer's own time schedule as such schedule may exist
from time to time, and that Developer may determine which
part of the Project shall be . developed during each portion
of the Project.- The County agrees to approve phased final
maps and other enactments necessary for development of the
Project in phases, upon the request of Developer. .
E. Fees, Conditions and Dedications .
Developer shall make only those dedications and pay only
those fees expressly prescribed in this Agreement, the
Project Approvals and the Conditions of Approval subject to
thefollowingterms and conditions :
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C48918 [DAG2] 31-OCT-89 14 :47 : 32
( 1) Processing Fees. The County may
charge processing fees for land use approvals, building
permits and other similar permits and entitlements which are
in force and effect on a county-wide basis at the time
application is submitted for those permits, except as
provided in this Agreement to the contrary. Such fees and
charges shall not be increased, nor new fees added with
respect to the development of the Project Site, except that
the County may increase those fees and charges based on any
increase in the estimated reasonable cost to the County for
performing the work for which the particular fee or charge
is paid, by an amount which will compensate the County for
the estimated reasonable cost and increases incurred, as
permitted pursuant to California Government Code Section
54990.
(2) Police Power; Taxing Power. The
County shall not impose or enact any additional conditions,
exactions, dedications, fees or regulations through the
exercise of either the police power or the taxing power
related to the development of the Project except as provided
in the Project Approvals or as provided in this Agreement.
Furthermore, the conditions, exactions, dedications, fees or
regulations applicable to the Project as provided in the
Project Approvals, or as provided in this Agreement, shall
not be subject to modification or renegotiation by County as
a result of an amendment to the Final Development Plan, the
18
C48918 [DAG2] 31-OCT-89 14 :47 : 32
Vesting Tentative Map, the Conditions of Approval, this
Agreement, or as a result of the filing of any new
subdivision map or parcel map, or any resubdivision of the
Project Site (including a merger or lot line adjustment or
the creation of- new lots within a designated remainder
parcel) . Nothing in this Agreement shall prohibit County
from exercising its taxing power, provided there is no new
fee or tax, _nor any increase of fees or taxes levied solely
on the development of the Project except with respect to
processing fees as set forth in Section 2 .D. 1.
(3) Environmental Mitigation. The
County by approving this Agreement is granting to Developer
a vested right to develop the Project pursuant to this
Agreement and. the Project Approvals, as those Project
Approvals may be amended from time to time pursuant to this
Agreement. Pursuant to California Government Code Section
65866, the rules, regulations and policies applicable to the
Project shall ,be those rules, regulations, and policies in
force at the time ofexecutionof this Agreement. Without
limiting the foregoing, and to the maximum extent allowed by
law, the County shall not impose any environmental
mitigation measures beyond those set forth or referenced in
the Project Approvals, or the Conditions of Approval . Where
applicable, the County will reject such additional
mitigation measures as infeasible on the basis, among other
things, that California Government Code Section 65866 bars
implementation of additional mitigation measures .
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048918 [DAG2] 31-OCT-89 14:47 :32
F. Life of Subdivision Maps and Permits .
Pursuant to California Government Code section 66452 . 6 (a) ,
the term of the Vesting Tentative Map or any resubdivision
or amendment to the Vesting Tentative Map (including any lot
line adjustment or merger of lots within the Vesting
Tentative Map) or any other tentative map filed prior to the
termination of this Agreement shall automatically be
extended for the term of this Agreement. The term of any
planned development permit, final development plan, or other
permit for the general development of the Project shall
automatically be extended for a term equal to the term of
this Agreement.
Section 3. obligations and Contributions by
Developer. In consideration of the County entering into
this Agreement, Developer agrees that it will comply with
all the Conditions of Approval, provided that (a) Developer
reserves the right to challenge any exactions or fees
imposed upon this Project if Developer is forced to bear the
cost of litigating the validity of the Project Approvals
because suit is brought before expiration of the applicable
statute of limitations to invalidatethose Approvals and
(b) the terms and conditions of that certain Reimbursement
Agreement (the "Reimbursement Agreement" ) entered into by
and between Developer and County, dated , 1989,
shall govern the reimbursement and credit to Developer of
certain costs and contributions required to be incurred or
20
048918 [DAG2] 31-OCT-89 14:47 :32
made by Developer under the Conditions of Approval . The
parties acknowledge that this Agreement by County is a
material consideration for Developer's conditional
acceptance asset forth above of the Conditions of Approval
and agreement tocomplywith allConditions . of Approval, as
specifically set forth herein.
Section 4. : Cooperation-Implementation.
Ai, Processing. By approving this Agreement,
the Board of Supervisors instructs the Planning Department,
the Planning Commission, and all other agencies of the
County which are affected or may be affected to expedite
processing of any and all approvals necessary for Developer
to obtain all necessary permits to begin and complete
construction. If necessary or required, upon satisfactory
completion by Developer of all required preliminary actions
and payments of appropriate processing fees, if any, County
shall promptly commence and diligently proceed to complete
all steps required or necessary for the implementation of
this Agreement and the development by Developer of the
Project Site in accordance with the Project Approvals .and
applicable regulations including, but not limited to, the
following:
( 1) Scheduling, convening and concluding
all required public hearings in an expeditious manner
consistent with applicable laws and regulations in force as
of the Effective Date.
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C48918 [DAG2] ' 31-OCT-89 14 :47 :32
(2) Processing, deciding and approving
(where appropriate) in an expeditious manner of all maps,
plans, land use permits, building plans and specifications
and other plans relating to the development of the Project
Site filed by Developer and consistent with this Agreement,
including, but not limited to, any necessary General Plan
and Specific Plan amendments, zoning, final development
plans, tentative maps, parcel maps, final maps,
resubdivisions, amendments to maps, subdivision improvement
agreements, lot line adjustments, encroachments, grading
plans, landscaping plans, grading and building permits and
related matters as necessary for the completion of the
development of all lots and parcels comprising the Project
Site.
Developer will, in a timely manner, provide County
with all documents, applications, plans and other
information necessary for the County to carry out its
obligations hereunder and cause Developer's planners,
engineers, and all other consultants to submit in a timely
manner all required materials and documents therefor. It is
the express intent of Developer and County to cooperate and
diligently work to implement any necessary.,.General Plan and
Specific Plan amendments, zoning, final development plans,
tentative maps, parcel maps, final maps including phased
final maps, resubdivisions, amendments to maps, subdivision
improvement agreements, lot line adjustments, encroachments,
22
048918 [DAG2] 31-OCT-89 14:47 : 32
grading and building permits, and other land use approvals
which are necessary or desirable in connection with the
development of the Project Site in substantial conformance
with the Final Development Plan (as it may be amended from
time to time pursuant to the terms of this Agreement) and
the .Conditions of Approval. Nothing in this Agreement
limits the actions which any County officer or employee make
take in their individual, private capacities .
B. Other Governmental Permits . In addition,
Developer shall apply in a timely manner for such other
permits and approvals as may be required by other
governmental or quasi-governmental agencies having
jurisdiction, over the Project in connection with the
development of, or provision of services to, the Project.
County shall cooperate with Developer in its efforts to
obtain such permits and approvals and shall, from time to
time at the request of Developer, attempt with due diligence
and in good faith to enter into binding agreements with any
such entity necessary to assure the availability- of such
permits and approvals or services, provided such agreements
are reasonable and not detrimental to County or expose the
County to any non-reimbursable costs.
C. Eminent Domain Powers . County shall
cooperate with Developer in implementing all of the
conditions of the Project Approvals, including, without
limitation, the use by the County of its eminent domain
23
C48918 [DAG2] 31-OCT-89 14:47:32
powers to facilitate the implementations of the Conditions
of Approval, provided that the County in its independent
exercise of judgment following all applicable procedures
shall have made the requisite findings properly supported by
evidence that the use of such eminent domain power is
necessary and proper.
Section 5. Cooperation in the Event of Legal
Challenge. In the event of any legal or equitable action or
other proceeding instituted by any party, governmental
entity or official challenging the validity of any provision
of this Agreement, the' parties hereby agree to cooperate in
defending said action or proceeding. In the event County
and Developer are unable to select mutually agreeable legal
counsel to defend such action or proceeding, each party may
select its own legal counsel. In no event shall the County
be required to bear the costs of any such defense and
Developer shall save and hold County harmless from such
defense, any third party attorneys fees and costs and as
hereinafter provided.
Section 6 . Default; Remedies; Termination.
A. General Provisions . Failure or
unreasonable delay by either party to perform any term or
provision of this Agreement for a period of sixty (60) days
after written notice thereof from the other party shall
constitute a default under this Agreement, subject to
extensions of time by mutual consent in writing. Said
24
C48918 [DAG2] 31-OCT-89 14:47 :32
notice shall specify the nature of the alleged default and
the manner in which said default may be satisfactorily
cured. If the nature of the alleged default is such that it
cannot. reasonably be cured within such 60-day period, the
commencement of the cure within such time period and the
diligent prosecution to completion of the cure shall be
deemed a cure within such period.
Subject to the foregoing, after notice and
expiration of the 60-day period without cure, the other
party to this Agreement, at its option, may institute legal
proceedings pursuant to this Agreement and/or give notice of
intent to terminate the Agreement pursuant to California
Government Code Section 65868 . Following such notice of
intent to terminate, the. matter shall be scheduled for
consideration and..review-by. the Board within thirty (30)
calendar. days in the manner set forth in California
Government Code Sections 65867 and 65868 .
Following consideration of the evidence presented
in said review before the Board, and a determination by the
Board based thereon, the party alleging the default by the
other party may give written notice of termination of this
Agreement to the other party.
Evidence of default may also arise in the course of
the regularly scheduled annual review of this Agreement as
described in Section 6 .B below, and any such default shall
be subject to the provisions of this Section 6 .A, in
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C48918 [DAG2] 31-OCT-89 14 :47 : 32
addition to the provisions of Section 6 .8, below.
B. Annual Review. Each year during the term
of this Agreement beginning in 1990, the County shall review
the extent of good faith compliance by Developer with the
terms of this Agreement. This review shall be conducted by
the County Zoning Administrator and shall. be limited in
scope to compliance with the terms of this Agreement
pursuant to California Government Code Section 65865 . 1 .
During this review, Developer shall be required to
. demonstrate good faith compliance with the terms of this
Agreement. At the conclusion of the review, the County
Zoning Administrator shall make written findings and
determinations, on the basis of substantial evidence,
whether or not Developer or its successor in interest has
complied in good faith with the terms and conditions of this
Agreement. The decision of the County Zoning Administrator
shall be appealable to the County Board of Supervisors
pursuant to Article 26-2 .24 of the County Code. If the
Zoning Administrator finds and determines that Developer has
not complied with such terms and conditions, the Zoning
Administrator may recommend to the Board of Supervisors that
it terminate or modify this Agreement by giving notice of
its intention to do so in the manner set forth in California
Government Code Sections 65867 and 65868 . The reasonable
costs incurred by County in connection with the herein
described annual review process shall be borne by Developer.
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C48918 [DAG2] 31-OCT-89 14 :47: 32
In the manner prescribed in Section 10 of this
Agreement, the County shall deposit in the mail to Developer
a copy of any public staff reports and documents to be used
or relied upon in conducting the review and, to the extent
practical,. related exhibits concerning Developer's
performance hereunder, at least ten ( 10) days prior to any
such periodic review. Developer shall be permitted an
opportunity to respond to the County's evaluation of its
performance, either orally at a public hearing or in a
written statement, at Developer's election. Such response
shall be made to the County Zoning Administrator.
In the event the County fails to either ( 1) conduct
the annual review or (2) notify Developer in writing
( following the time during which the review is to be
conducted) of the County's determination as to compliance or
noncompliance with the. terms of this Agreement and such
failure remains .uncured as of December 31 of any year during
the term of this Agreement, such failure shall be deemed an
approval 'by County. of,-Developer's compliance with the terms
of. this Agreement.
With respect to each year for which an annual
review of compliance with this Agreement is, conducted, and
with respect to each year in which the County is deemed to
approve of Developer's compliance with this Agreement
pursuant to the preceding paragraph, the County, upon
request of Developer, shall provide Developer with a written
27
C48918 [DAG2 ] 31-OCT-89 14 :47 :32
notice of compliance, in recordable form, duly executed and
acknowledged by the County. Developer shall have the right,
in Developer's sole discretion, to record this notice of
compliance.
C. Default by County. In the event County
does not accept, review, approve, decide or issue necessary
development permits, entitlements, or other land use or
building approvals, if any, for use in a timely fashion as
provided in this Agreement, or as otherwise agreed to by the
parties, or the County otherwise defaults under the terms of
this Agreement, Developer shall have all rights and remedies
provided herein or under applicable law, including without
limitation, the right to seek specific performance by the
County.
D. Enforced Delay; Extension of Time of
Performance. In addition to specific provisions of this
Agreement, performance by either party hereunder shall not
be deemed to be in default where delays or defaults are due
to war, insurrection, strikes, walk-outs, riots, floods,
earthquakes, fires, casualties, acts of God, governmental
restrictions imposed or mandated by other governmental
entities, enactment of conflicting state or federal laws or
regulations, judicial decisions, or similar basis for
excused performance which is not within the reasonable
control of the party to be excused. Litigation attacking
the validity of this Agreement, any of the Project
28
C48918 [DAG2] 31-OCT-89 14 :47 :32
Approvals, or any permit, ordinance, entitlement or other
action of a- governmental agency necessary for the
development of the Project pursuant to this Agreement shall
be deemed to create an excusable delay as to Developer.
Upon the request of either party hereto, an extension of
time for such cause will be granted in writing for the
period of the enforced delay, or longer as may be mutually
agreed upon._
E. Legal Action. Either party may, in
addition to any other available rights or remedies,
institute legal action to cure, correct or remedy any
default, enforce any covenant or agreement herein, enjoin
any threatened or attempted violation or enforce by specific
performance the obligation and rights of the parties hereto.
F. Applicable Law. This. Agreement shall be
construed and enforced in accordance with the laws of the
State of California.
Section 7 . Hold Harmless Agreement. Developer
hereby agrees to save, defend and hold County and its
elected and appointed representatives, officers, agents, and
employees, harmless from claims, actions, costs and
liabilities for or from any third party litigation
concerning this Agreement, any personal injury, death, or
property damage which arises, directly or indirectly, from
operations performed under this Agreement by Developer or
29
C48918 [DAG2] 31-OCT-89 14 :47:32
Developer's contractors, subcontractors, agents, or
employees, whether such operations were performed by
Developer or by any of Developer's contractors,
subcontractors, by any one or more persons directly or
indirectly employed by, or acting as agent for Developer or
any of Developer's contractors or subcontractors. Nothing
in this section shall be construed to mean that Developer
shall hold County harmless from any claims of personal .
injury, death or property damage arising from, or alleged to
arise from, the sole negligent act or sole negligent failure
to act, willful or gross negligence, or any deliberately
harmful act or failure to act, on the part of County, its
elected and appointed representatives, officers, agents and
employees. To the extent of any conflict, the Hold Harmless
provisions of the County's standard form subdivision
agreements (Road, Subdivision and Drainage Improvement,
etc . ) as of the Effective Date shall prevail over this
Section 7 's provisions.
Section 8 . No Joint Venture or Partnership.
County and Developer hereby renounce the existence of any
form of joint venture or partnership between the County and
Developer and agree that nothing contained,herein or in any
document executed in connection herewith shall be construed
as making County and Developer joint venturers or partners .
Section 9 . General.
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C48918 [DAG2] 31-OCT-89 14 :47:32
A. The County and Developer agree that
unless this Agreement is amended or terminated pursuant to
the provisions of this Agreement, this Agreement shall be
enforceable by any party hereto notwithstanding any change
hereafter enacted or adopted (whether by ordinance,
resolution, initiative, or any other means) in any
applicable General Plan, Specific Plan, zoning ordinance,
subdivision ordinance or any other land use ordinances or
building ordinances, resolutions or other rules, regulations
or policies adopted by the County which changes, alters or
amends the rules, regulations and policies applicable to the
development of the Project Site at the time of the approval
of this Agreement as provided by California Government Code
Section 65866 . This Agreement shall not prevent the County
in subsequent actions applicable to the Project Site from
applying new rules, regulations and policies which do not
directly or indirectly conflict with those rules,
regulations, and policies applicable to the Project Site as
set forth herein.
B. County hereby find and determines that
execution of this Agreement furthers public health, safety,
and general welfare and the provisions of this Agreement are
consistent with the General Plan. In adopting the ordinance
approving this Agreement and in adopting the Project
Approvals, the Board adopted extensive findings, including
findings that this Agreement and the Project are consistent
31
C48918 [DAG2] 31-OCT-89 14:47 :32
with the General Plan. Those findings are attached as
exhibits to the ordinance approving this Agreement and to
the Project Approvals, respectively and are a public record
available for review in Files 01 11
, and Subdivision File Those findings are
incorporated into this Agreement by this reference as if set
forth herein in full.
C. If any term, provision, covenant or
condition of this Agreement or the application of any
provision of this Agreement to a particular situation is
held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions of this
Agreement, or the application of this Agreement to other
situations, shall continue in full force and effect.
Notwithstanding any other provision of this Agreement, if
any material provision of this Agreement in itself or as
applied in any particular situation is held to be invalid,
void or unenforceable, Developer may, in Developer's sole
and absolute discretion, terminate this Agreement upon
providing written notice of such termination to the County.
D. Each party shall execute and deliver to
the other all such other further instruments and documents
as may be reasonably necessary to carry out this Agreement
in order to provide and secure to the other party the full
and complete enjoyment of its rights and privileges
hereunder.
32
C48918 [DAG2] 31-OCT-89 14 :47 :32
E. Each reference in this Agreement to this
Agreement, the Project Approvals, the Final Development
Plan, or the Vesting Tentative Map shall be deemed to refer
to the named document or plan as such document or plan may
be amended from time to time, whether or not the particular
reference refers to such possible amendment.
F. This Agreement has been reviewed and
revised by legal counsel for both Developer and County, and
no presumption or rule that ambiguities shall be construed
against the drafting party shall apply to the interpretation
or enforcement of this Agreement.
Section 10. Notices. Any notice or communication
required hereunder between County or. Developer must be in
writing, and may be given either personally or by registered
or certified mail, return receipt requested. If given by
registered or certified mail, the same shall be deemed to
have been given and received on the first to occur of
(i) actual receipt by any of the addresses designated below
as the party to whom notices are to .be sent, or (ii) five
(5) days after a registered or. certified letter containing
such notice, properly addressed, with postage prepaid, is
deposited in the United States mail. If personally
delivered, a notice shall be deemed to have been given when
delivered to the party to whom it is addressed. Any party
hereto may at any time, by giving ten ( 10) days , written
notice to the other party hereto, designate any other
33
C48918 (DAG2] 31-OCT-89 14:47 :32
address in substitution of the address to which such notice
or communication shall be given. Such notices or
communications shall be given to the parties at their
addresses set forth below:
If to County, to:
Director of Community Development
Contra Costa County Community
Development Department
651 Price Street
Martinez, CA 94553
If to Developer, to:
With Copies to:
Morrison & Foerster
One Ygnacio Plaza
Suite 450
101 Ygnacio Valley Road
Walnut Creek, CA 94596-3570
Attention: David A. Gold
Section 11. Consent of Other Parties . Developer
may, at its discretion, elect to have other holders of
legal, equitable or beneficial interests in the Project
Site, or portions thereof, acknowledge and consent to the
execution and recordation of this Agreement by executing a
document in recordable form to such effect. The execution
of any such document by other holders of any legal,
equitable, or beneficial interest in the Project Site is not
a condition precedent to this Agreement.
34
C48918 [DAG2] 31-OCT-89 14:47 :32
Section 12 . Assignment and Notice. Developer
shall have the right to assign or transfer all or any
portion of its interests, rights or obligations under this
Agreement to third parties acquiring an interest or estate
in the Project Site, including, but not limited to,
purchasers or long term ground lessees of individual lots,
parcels, or any lots, homes or facilities located within the
Project Site. The express assumption of any of Developer's
obligations under this Agreement by its assignee or
transferee shall thereby relieve Developer of any further
obligations under this Agreement except to save, hold
harmless and defend the County as herein provided should the
assignee or transferee fail to do so. Developer shall have
no obligation whatsoever to provide notice of any proposed
assignment.
Section 13 . Estoppel Certificate. Within thirty
( 30) days following any.:,written request which either party
may make from time to time, the other party to this
Agreement shall execute and deliver to the requesting party
a statement certifying that: (a) This Agreement is
unmodified and in full force and effect, or if there have
been modifications hereto, that this Agreement is in full
force and effect as modified and stating the date and nature
of such modification; (b) There are no current uncured
defaults under this Agreement or specifying the dates and
nature of any such default; and (c) Any other reasonable
information requested. The failure to deliver such a
35
C48918 [DAG2] 31-OCT-89 14 :47 : 32
statement within such time shall constitute a conclusive
presumption against the party which fails to deliver such
statement that this Agreement is in full force and effect
without modification except as may be represented by the
requesting party and that there are no uncured defaults in
the performance of the requesting party, except as may be
represented by the requesting party.
Section 14 . Counterparts and Exhibits . This
Agreement is executed in four (4) duplicate counterparts,
each of which is deemed to be an original. This Agreement
consists of (_) pages, including notary
acknowledgment forms, and, in addition,
exhibits which constitute the entire understanding and
agreement of the parties to this Agreement. The following
exhibits are attached to this Agreement and incorporated
herein for all purposes:
-Exhibit A Project Site
Exhibit B Legal Description of the Project
Site
Exhibit C Final Development Plan
Exhibit D Vesting Tentative Map
I
Exhibit E Board Resolution No. approving
the Project Approvals including
Conditions of Approval
Exhibit F Board Resolution No. Approving
this Agreement
36
C48918 [DAG2) . 31-OCT-89 14 :47: 32
[In addition, the findings referenced in
Section 9 .B are incorporated into this Agreement by this
reference. ]
IN WITNESS WHEREOF, Developer. and County have
executed this Agreement as of the date first hereinabove
written.
COUNTY:
COUNTY OF CONTRA COSTA
By:
, Chair,
County Board of Supervisors
ATTEST: County Clerk
By:
Title:
Approved as to Form:
County Counsel
By:
Title:
DEVELOPER:
a California
By:
a
By:
a
37
C48918 [DAG2 ] 31-OCT-89 14:47 :32
STATE OF CALIFORNIA
Ss
COUNTY OF CONTRA COSTA
On this day of in the year 198 ,
before me, a notary public in and for said county and state,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument as
of , a California
and acknowledged to me that said
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
38
C48918 [DAG2] 31-OCT-89 14 :47 : 32
STATE OF CALIFORNIA
Ss
COUNTY OF CONTRA COSTA
On this day of in the year 198_,
before me, a notary public in and for said county and state,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument as
of , a .California
and acknowledged to me that said
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
39
048918 [DAG2] 31-OCT-89 14:47 :32
STATE OF CALIFORNIA
SS
COUNTY OF CONTRA COSTA
.On this ' day of in the year 198_,
before me, a notary public in and for said county and state,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument as
of , a California
and acknowledged to me that said
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
4-0
C48918 [DAG2 ] 31-OCT-89 14 :47 :32
STATE OF CALIFORNIA
SS
COUNTY OF CONTRA COSTA
On this day of in the year 198_,
before me, a notary public in and for said county and state,
personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument as Chair of the
Contra Costa County Board of Supervisors and acknowledged to
me that the Contra Costa County Board of Supervisors
executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
41
C48918 [DAG2] 31-OCT-89 14:47 :32
EXHIBIT A
Project Site
42
C48918 [DAG2] 31-OCT-89 14:47 :32
EXHIBIT B
Legal Description of the Project Site
43
C48918 [DAG2) 31-OCT-89 14 :47 : 32
EXHIBIT C
Final Development Plan
44
C48918 [DAG2] 31-OCT-89 14:47 : 32
EXHIBIT D
Vesting Tentative Map
1
45
048918 [DAG2 ] 31-OCT-89 14 :47 :32
M
EXHIBIT E
Board Resolution No.
Approving the Project Approvals,
including Conditions of Approval
46
C48918 [DAG2] 31-OCT-89 14 :47 :32
TO: 18OARD OF SUPERVISORS
rRcm:,/14'rvey E. Bragdon, C=tra
Director of Community Development Costa
DATE. April -4, 1989 com
SUBJECT: PropoSed,Sea Breeze..Project
(Garrett Development, Inc./William Sinclair)
West Pittsburg Area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Adopt File #2812-RZ rezoning the subject 37-acre site from
General Agricultural (A-2) to Planned Unit District (P-1) as
shown on the attached Findings Map and recommended by the
East County Regional Planning commission.
3. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set-forth April 11, 1989 for
adoption of same.
4. Approve Final Development Plan #3032-88 and Tentative Map
7152 subject to the attached conditions contained in Exhibit
A as directed by the Board of Supervisors.
5. Adopt Resolution 89/147 attached as Exhibit C approving
property tax exchange for the Sea Breeze Boundary Reorgani-
zation (LAFC 88-51).
6. Adopt findings as set forth in Exhibit B as the basis for
the Board action on this proposal.
BACKGROUND/JUSTIFICATION FOR PROPOSED ACTION
This project was heard by the Board of Supervisors on March 7 and
21, 1989 at which time the Board voted to declare its intent to
approve the project subject to revised conditions. Accordingly,
the Board continued the matter to April 4, 1989 and directed
staff to prepare revised conditions of approval and appropriate
findings for Board adoption.
The attached revised conditions and findings have been prepared in
accord with the March 21, 1989 direction of the Board.
An initial environmental study was prepared which resulted in the
issuance of a mitigated Negative Declaration which was posted on
December 2, 1988.
CONTINUED ON ATTACHME"Tt - YES SIGNATURE],,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S I GNATURE I S 1:
ACTION OF BOARD ON -April 4, Ic)ggAPPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT I AND CCRRECT COPY OF AN ACTION TAKEN
AYES* NDES. AND ENTERED ON TW MINUTES Or THE DDARO
ABSENT:� ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN-
cc.. Community Development Dept. ATTESTED April 4, 1989
Garrett Development, Inc. PHIL BATCHELOR CLERK OF THE BOARD OF
LAFCO SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works-Tom Dudziak
Oakley Fire Protection Dist.
ORNMUNM— By
""--Fwmmmm— M382 7-83
I
r
40
Findings Map
y / CONTRA : .r--
A-4 C4NAC
P-1
k
; r
t*k
r
Rezone From A-2 To P-1 Area
lMELISS4 ,yrl,Q.QYSGW ,Chairman of the East County
Regional Planning Commission,Contra Costa County,State of California,
do hereby certify that this is a true and correct copy of P46ES
X Z OF TX/E COW17 e S' /:ZTV ZV /AVa A F
indicating thereon the decision of the East County Regional Planning
Commission in the matter of_448KE1T DEVE-44 ti L/NC.
28/?-lea
Ch man of the East County Regional
Planning Commissiori:;State of California
ATTE
MVII'A
Se et o46e-Tsticounty Regional
Plahrkifg Commissi n,State of California
I
' 1
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3032-88 REZONING 2812-RZ AND SUB-
DIVISION 7152:
1. Subdivision application 7152 is approved generally as shown on the vesting
tentative map dated October 5, 1988, as received by the Community Develop-
ment Department, and subject to the conditions listed below. Applicant
shall comply with all Conditions of Approval for Rezoning 2812-RZ and Final
Development Plan 3032-88, prior to filing a Final Map.
la. This portion of the site lying west of Mota Drive shall not be developed.
This property (known now as "Hill 428") shall become permanent open space
and shall be disturbed to the minimum extent feasible by construction as-
sociated with the Seabreeze development, allowing for the installation of
water lines and a water tank necessary to serve the project site. The open
space shall be deeded over. to a public agency subject to review and ap-
proval of the County Zoning Administrator. Applicant shall berm and land-
scape existing water tank to conceal to the maximum extent feasible. The
applicant shall conceal the future water tank to the greatest extent or
bury if necessary. Applicant shall have created and installed (subject to
Zoning Administrator review and approval ) a historic marker to be perma-
nently placed on "Hill 428" commemorating both the Spanish and Native
American populations.
2. The number of Single Family Residential units shall not exceed 138.
3. Should archaeological materials be uncovered during grading, trenching or
other on-site excavation(s) , earthwork within 30 yards of these materials
shall be stopped until a professional archaeologist who is certified by the
Society for California Archaeology (SCA) and/or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and suggest appropriate mitigation(s) , if deemed necessary.
4. Applicant shall submit full size elevations for review and approval of the
Zoning Administrator prior to issuance of building permits.
5. Prior to the issuance of Building Permits, the applicant shall submit sam-
ples of colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be of neutral color and complementary.
6. Illuminated house numbers visible from a public or private roadway are re-
quired for each residence.
7. Applicant shall comply with the recommendations of the acoustical study
prepared for this project by the Charles M. Salter Group, dated June 15,
1988, including any future revisions to those recommendations.
8. On the provision of police service, the applicant agrees to vote their
property into a "special tax area" for police service at an initial level
of $100 per parcel annually. This amount shall be adjusted yearly accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re-
view the assessment amount and adjust it to a higher level as conditions
warrant it. Review shall be made of the initial assessment amount after
2
r
budget hearings and after the pending elections of the general community on
the question of additional police services.
9. Provision of a Child Care Facility or program is required for the develop-
ment. The program shall be submitted for the review and approval of the
Zoning Administrator prior to the filing of the Final Map.
10. At least 60 days prior to recording a Final Map, issuance of a grading
permit, or construction of improvements, submit an engineering geology re-
port meeting the requirements of the County Planning Geologist for review
and approval .
Concurrently with recordation of the final map, record a statement to run
with deeds to the property acknowledging the approved report which is ex-
pected, and earlier reports by Purcell , Rhoades & Associates and Allstate
Geotechnical Services, by title, author (firm) , and date, calling attention
to report recommendations, and noting that the reports are on file for
public review in the Community Development Department of Contra Costa
County.
Prior to issuance of Building Permits on parcels of this subdivision, sub-
mit an as-graded report of the engineering geologist and geotechnical en-
gineer with a map showing lithologic and engineering geology units, rock
stratification and discontinuities, measured during grading; final plan and
grades for subsurface drainage, subdrain disposal and pickup points, and
cleanouts; any buttress fill or. shear key with its keyway location; re-
taining walls; and other rock and soil improvements installed during grad-
ing, as surveyed by a licensed land surveyor or civil engineer.
11. The preliminary landscape plans, together with text discussion of land-
scaping in applicant's project description is approved as presented. Prior
to issuance of building permits, applicant shall submit final landscape
plans for street setbacks, disturbed slopes, common and open space areas
and a typical frontyard, prepared in accordance with the County's Water
Conservation policies. Suitable drought tolerant California native species
shall be used as much as possible for landscaping. Landscaping of common
area between project and Delta Glen site to east shall mitigate impact of
project on existing homes. All the above shall be subject to review and
approval of the Zoning Administrator.
12. All landscaping shall be constructed prior to occupancy, and' shall be
maintained by the applicant until occupancy. Applicant shall develop a
landscape and lighting district or other assessment mechanism to guarantee
maintenance and fire control of all common areas and open space.
13. Prior to the issuance of building permits the applicants shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator (un-
less otherwise required by a TSM Ordinance) . The approved TSM plans shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
14. Provide $15,000 in funds to the Pittsburg/West Pittsburg area clean up
fund.
3
15. Provide $50,000 in funds for the West Pittsburg homeless.
16. Applicant shall lower project grade to the greatest extent feasible in or-
der to enhance the view of the Delta and Suisun Bay from eastbound State
Highway 4, subject to the review and approval of the Zoning Administrator. .
17. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. In accordance.with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically
listed in this. conditional approval statement. Requirements of the
Ordinance include the following:
1. Constructing road improvements along the frontage of Evora Road.
2.- Undergrounding of all utility distribution facilities.
3. Installing street lights and applying for annexation to County
Service Area L-100 for maintenance of the street lights. The
final number and location of the lights will be determined by the
County Traffic Engineer.
4. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
Since this property is located in two separate drainage areas,
this will . require conveying stormwater runoff arriving at and
originating on thisproperty to respective existing adequate
drainage facilities in each.
5. Prohibiting the discharging of storm waters to roadside ditches.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. Submitting improvement plans prepared by a registered civil en-
gineer, payment of review and inspection fees, and security for
all improvements required by the, Ordinance Code or the conditions
of approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
. County Traffic Engineer.
8. installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
9. Prohibits discharging storm waters into the Contra Costa Canal or
any other water conveyance or impounding facility for domestic
water consumption.
B. Convey to the County, by Offer of Dedication, 16 feet of additional
right of way on Evora Road as required for the planned future width of
4
92 feet. The additional right of way shall include the additional
length of the Evora Road left turn lane needed due to the steep grade
on Evora Road.
C. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face), necessary longitudinal and transverse drainage, and necessary
pavement widening and transitions on Evora Road. The face of curb
shall be located 10 feet from the widened right of way line. The road
improvements shall include left turn channelization at Mota Drive.
The design shall consider the steep grade on Evora Road.
D. Relinquish abutter's rights of access along Evora Road, including curb
returns. Access shall be permitted at the Mota Drive and St.Topez
Drive access points only.
E. Construct an all weather trail between San Remo Court and the trail
located east of this property in the Delta Glen Subdivision.
F. Construct intersection improvements at the Evora Road-Pomo Street in-
tersection up to a maximum of $50,000.
G. Provide $50,000 for master traffic plan study to determine the feasi-
bility of widening and realigning Evora Road to County arterial stan-
dards. Applicant shall not be required to perform or construct any
improvements in connection with this study.
H. Prevent storm drainage, originating on the property and conveyed in a
concent I rated manner, from draining across the sidewalks and driveways.
I. Furnish' proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or per-
manent, road and drainage improvements.
J. Mitigate potential sight distance problems at the curves in Rapallo
Way and at the Beaulieu Drive-St. Raphael Drive and Beaulieu
Drive-Rapallo Way intersections in a manner acceptable to the Public
Works Department, Road Engineering Division, subject to the review and
approval of the Zoning Administrator. The applicant shall submit a
sight distance analysis to the County subject to their review and ap-
proval .
K. Install a traffic signal facility at the Evora Road-Mota Drive inter-
section.
L. Install conduit for a traffic signal interconnect system.
M. The road configuration for St.Topez Drive shall be modified to provide
20 feet for the northbound lane and 28 feet for the southbound left
and, right turn lanes. The curb radii at the Evora Road-St. Topez
Drive intersection shall be increased to 30 feet.
N. The road configuration for Mota Drive shall be modified to provide a
20' foot northbound lane and 28 feet for southbound left and right
5
turn lanes and necessary transitions. The curb radii at the Evora
Road-Mota Drive intersection shall be increased to 30 feet.
0. Extend St.Raphael Drive westerly -to connect with Mota Drive as an
emergency access. , The access shall be blocked with a breakaway bar-
rier and shall be paved with paver blocks which will provide for es-
tablishment of a low groundcover which shall be passable by emergency
vehicles in all types of weather.
P. Install sidewalk, pavement widening, bike lane, from eastern property
line to Delta Glen west property line. The County will assist in ob-
taining all necessary rights-of-way.
Q. The following improvements shall be credited against the West
Pittsburg Area of Benefit fees or any other source of County funds
deemed appropriate by the Zoning Administrator or reimbursed to ap-
plicant, within 3 years of the filing of final map, pursuant to a re-
imbursement agreement entered .into between County and applicant sub-
ject to the review of the Public Works Department, Road Engineering
Division, and the review and approval of the Zoning Administrator:
I. Up to $110,000 of the cost of the installation of the Evora
Road-Mota Drive intersection traffic signal facility and the
conduit for a traffic signal interconnect facility.
2. The cost of pavement widening along this property's Evora Road
frontage up to $73,000.
3. The full cost of intersection improvements at the Evora Road-Pomo
Street intersection. Total cost of intersection improvements not
to exceed $50,000.
4. The full cost of the Evora Road arterial road alignment study,
with the total amount expended by applicant not to exceed
$50,000, as specified in Condition of Approval No. 17.G.
5. The cost of improvements to the road configuration of Mota Drive
and the Mota Drive/Evora Road intersection, as specified in Con-
dition of Approval No. 17.N.
6. The provision of $50,000 in funds for homeless in the West
Pittsburg area.
7. The full cost of pavement widening, bike lanes and sidewalk from
the subject eastern property line to the western property line of
the Delta Glen Subdivision.
INFORMATIONAL NOTES
1. Applicant shall comply with the Park Dedication ordinance through payment
of fees.
6
2. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for
the West Pittsburg Area of Benefit and the East/Central County Travel Cor-
ridor Area of Benefit as adopted by the Board of Supervisors.
The area of benefit fees will be fixed at the current rate of $1254 per
unit and $380 per unit respectively.
3. Comply with the drainage fee requirements for Drainage Area 48B and 48C as
adopted by the Board of Supervisors.
The Drainage Area 48B fees are currently $950 per unit for single family
residential with 4000 to 4999 square feet of land per unit to $1425 per
unit for single family residential with 14,000 to 19,999 square feet of
land per unit. The Drainage Area 48C fees are currently $1210 per unit for
single family residential with 4000 to 4999 square feet of land per unit to
$1810 per unit for single family residential with 14,000 to 19,999 square
feet of land per unit.
4. Unless otherwise specifically noted, all fees shall be required to be paid
at the date of final inspection or the date of issuance of occupancy,
whichever occurs first.
JE:vpl
R29/7152.coa JE/df
RZ13:7152.coa
revised 4/4/89 B of S
4
EXHIBIT F
Board Resolution No.
Approving this Agreement
I
47
C48918 [DAG2] 31-OCT-89 14 :47 : 32
EXHIBIT
48
048918 [DAG2) 31-OCT-89 14 :47 : 32
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (this "Agreement" ) is
made this day of , 1989, by and between Garrett
Development, Inc. , a California corporation ( "Garrett" ) and
the County of Contra Costa, California (the "County" ) .
Recitals
This Agreement is made with respect to the
following facts:
A. Garrett is the owner of certain real property
(the "Property" ) located in the County and legally described
on Exhibit A attached hereto and made a part hereof.
B. In connection with its plans to develop a
138-home single-family residential project (the "Project" )
on the Property, Garrett requested approval from the County
of a rezoning of the Property (No. 2812-RZ) , a preliminary
and final development plan for the Project (No. 3032-88) and
a vesting tentative subdivision map for subdivision of the
Property (No. 7152) (collectively, the "Land Use
Approvals" ) .
C. By resolution dated April 4, 1989, the County
Board of Supervisors granted the Land Use Approvals subject
to certain conditions of approval (the "Conditions of
Approval" ) which are attached as Exhibit B hereto and made a
part hereof.
1
B97393[SMR2) 7-NOV-89 10:25:29
D. The Conditions of Approval require Garrett, in
connection with the Project, to pay certain fees (the
"Fees" ) and construct or pay the cost of constructing
certain improvements (the "Improvements" ) on or near the
Property. It is contemplated that the payment of the Fees
and the construction of the Improvements are to be further
'described in a subdivision improvement agreement to be
entered into (the "Subdivision Agreement" ) in connection
with the filing by Garrett of the final subdivision map (the
"Final Map" ) for the Project.
E. Section Q of the Conditions of Approval
provides that the costs of certain of the Improvements and
Fees shall be reimbursed to Garrett or credited against
Garrett's obligation for payment of certain area of benefit
fees pursuant to a reimbursement agreement to be entered
into between Garrett and the County.
F. In accordance with Section Q of the Conditions
of Approval, the parties now desire to enter into such
reimbursement agreement to set forth their understanding
with respect to the reimbursement or credit to Garrett of
2
B97393[SMR2] 7-NOV-89 10:25:29
the costs of certain Improvements and Fees as described in
the Conditions of Approval.
Agreement
NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1 . Construction and Payment Obligations.
Garrett shall pay the Fees and shall complete or
pay the cost of completing the Improvements, as described in
the Conditions of Approval. To the extent that any Fees are
not paid or any Improvements are not paid for or constructed
at the time of filing of the Final Map, the parties shall
enter into a Subdivision Agreement which shall govern the
subsequent payment and construction of such Fees and
Improvements . Notwithstanding the foregoing, no Fees shall
be required to be paid earlier than as specified in the
Conditions of Approval at Informational Note 4 .
2 . Reimbursement and Credit of Costs and
Fees .
A. County shall reimburse Garrett for the costs
of those Improvements and Fees described on Exhibit C
attached hereto and made a part hereof, together with any
"Additional Costs" , as defined below, applicable to such
amounts (collectively, the "Reimbursable Costs " ) . County
shall credit Garrett for the costs of those Improvements and
Fees shown on Exhibit D attached hereto and made a part
3
B97393[SMR2] 7-NOV-89 10:25:29
hereof, together with any Additional Costs applicable to
such amounts (collectively, the "Creditable Costs" ) . The
Creditable Costs shall be credited against any fees owed by
Garrett to the West Pittsburg Area of Benefit or against any
other such special district fees owed by Garrett.
B. County shall reimburse Garrett for the
Reimbursable Costs any time after the earlier of (i) the
date on which Garrett pays any such Reimbursable Costs to
the County, or (ii) the date on which Garrett gives evidence
to the County that it has incurred any such Reimbursable
Costs, but in no event later than. thirty-six (36) months
after filing of the Final Map.
C. County shall credit Garrett for the Creditable
Costs immediately after the earlier of (i) the date on which
Garrett pays any such Creditable Costs to the County, or
(ii) the date on which Garrett gives evidence to the County
that it has incurred any such Creditable Costs. In the
event that, at the end of the 36-month period after filing
of the Final Map, any such Creditable Costs still remain to
be credited, the County shall immediately reimburse Garrett
for the amount of such Creditable Costs so remaining.
D. As used herein, "Additional Costs " shall mean,
(i) for any of the costs of Improvements and Fees described
on Exhibit C or D that are financed by a lending
institution, all costs incurred by Garrett in obtaining such
financing, including, without limitation, points, fees, loan
4
B97393[SMR2] 7-NOV-89 10:25:29
commissions and the interest charged for such financing from
the date of disbursement of such financing to the date of
reimbursement or credit of the financed amount and, (ii) for
any of the costs of the Improvements and Fees described on
Exhibit C or D that are paid by Garrett without financing,
interest at the rate of Twelve Percent ( 12%) per annum which
thepartiesagree approximates the rate that Garrett
otherwise would have been charged by its lending
institution, had it obtained financing, from the date
Garrett pays such costs to the County or gives the County
evidence that it has incurred the same, to the date such
costs are reimbursed or credited as provided above. In no
event, however, shall this agreed upon rate exceed the
maximum rate permitted by law. In the event Garrett
initially incurs such costs without financing and
subsequently finances all or any part of such costs,
"Additional Costs shall mean the costs described in Section
2 .D(ii) herein from the date Garrett pays such costs to the
County or gives the County evidence that it has incurred the
same through the date of disbursement of financing, together
with the costs described in Section 2 .D(i) herein from the
date of disbursement of financing to the date of
reimbursement or credit of the financed amount.
5
B97393[SMR2] 7-NOV-89 10:25:29
3 . General Provisions.
A. Modification; AmencHment. This Agreement may
not be modified or amended except in writing executed by the
parties hereto.
B. Notice. All notices provided for herein shall
be in writing and shall be deemed effective when personally
delivered or three days after such notices have been mailed
by certified or registered mail, postage-prepaid, return
receipt requested, to the parties at the addresses given
below or at such other address as may be specified by
written notice.
If to the County:
If to Garrett:
Garrett Development, Inc.
Mr. John E. Thill
11975 El Camino Real, Suite 300
San Diego, California 92130
with a copy to:
David A. Gold, Esq.
Morrison & Foerster
One Ygnacio Plaza, Suite 450
101 Ygnacio Valley Road
Walnut Creek, California 94596-3570
C. Remedies for Default. In the event of default
by either party hereunder, the nondefaulting party shall
have available all remedies at law or in equity, which
6
B97393[SMR2] 7-NOV-89 10:25:29
remedies shall include, by way of illustration but not
limitation, suits for specific performance, relief in the
nature of mandamus, or actions for damages . All of said
remedies shall be cumulative and not exclusive of one
another, and the exercise of any one or more of said
remedies shall not constitute a waiver or election with
respect to any other available remedy. The nondefaulting
party shall not be required to give notice to the defaulting
party prior to declaring a default hereunder.
D. Litigation Expenses . If a legal action or
proceeding is brought by any party because of default under
this Agreement, or to enforce a provision thereof, the
prevailing party therein shall be entitled, in addition to
any other relief, to recover reasonable attorneys, fees and
court costs from the losing party as determined by the court
in which said action or proceeding is pending.
E. Superseding State or Federal Law. In the
event that any state or federal law or regulation enacted or
adopted after the date of this Agreement, or other action of
any governmental entity not under the control of the County
shall prevent or preclude compliance with any of the
provisions hereof, such provisions shall be modified or
suspended only to the extent and for the time necessary to
achieve compliance with said law, regulation or other
governmental action, and the remaining provisions of this
Agreement shall be in full force and effect. Upon repeal of
7
B97393[SMR2] 7-NOV-89 10:25:29
said law, regulation or other governmental action or
occurrence of other circumstances removing the effect
thereof upon this Agreement, the provisions hereof shall be
restored to their full original effect.
F. Term of Agreement. The term of this Agreement
shall commence on the date hereof, and shall continue until
such time as the Reimbursable Costs are fully reimbursed to
Garrett and the Creditable Costs are fully credited to
Garrett.
G. Severability. If any part of this Agreement
is held invalid, the remaining terms and conditions shall
not be affected unless their enforcement under the
circumstances would be unreasonable, inequitable or
otherwise frustrate the purposes of the Agreement.
H. Captions and References. The captions of the
paragraphs and subparagraphs of this Agreement are solely
for convenience of reference, and shall be disregarded in
the construction and interpretation of this Agreement.
References herein to a section or exhibit are to the
sections and exhibits of this Agreement.
I . Time. Time is of the essence of this
Agreement and of each and every term and condition hereof.
8
B97393[SMR2] 7-NOV-89 10:25:29
J. Governing Law. This Agreement shall be
governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first written above.
APPROVED AS TO FORM: COUNTY OF CONTRA COSTA
By
Its
GARRETT DEVELOPMENT, INC.
APPROVED AS TO FORM:
By
Its
9
B97393[SMR2] 7-NOV-89 10:25:29
EXHIBIT A
DESCRIPTION OF SEA BREEZE PROJECT
EXHIBIT B
CONDITIONS OF APPROVAL
1
.-
`O: R0OFSUPERVISORS
~ . �~
~°�'.,r sarvey E. aragdoo, Contra
Director of conmuoitr Development Cpsta
m^rc� April 4, I989 courty
avBucCr: Proposed Sea Breeze Project
(Garrett Development, Inc./William Sinclair)
West PittsburgArea
SPECIFIC .~~~.~.`~' .. .~^^~~~~-...~.`~' ~ B...~~~~~ AND J.=..,."°..""
RECOMMENDATION
1~ Accept the environmental documentation prepared for this
project as being adequate.
2. Adopt rile #3812-Rn rezoning the subject 37-acre site from
General Agricultural (A-2) to Planned Unit District (P-1) as
abm«o on the attached Findings man and recommended by the
East County Regional elauoion Commission.
3. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set-forth April 11, 1989 for
adoption of same.
4. Approve Final Development Plan #3032-88 and Tentative Man
7152 subject to the attached conditions contained in Exhibit
A as directed by the Board of aupervisors'
s. adopt Resolution 89/147 attached as Exhibit o approving
/ property tax exchange for the Sea Breeze Boundary Reorgani-
zation (LArc 88-51)'
6' Adopt findings as set forth in Exhibit B as the basis for
the Board action on this proposal.
BACKGROUND/JUSTIFICATION FOR PROPOSED ACTION
This project was heard by the Board of Supervisors on March 7 and
zl, I989 at nuiob time the Board voted to declare its intent to
approve the project subject to revised conditions. Accordingly,
the Board continued the matter to April 4, 1989 and directed
staff to prepare revised conditions of approval and appropriate
findings for Board adoptiou.
The attached revised conditions and findings have been prepared in
accord with the March 31, lyg* direction of the Board.
An initial environmental study was prepared which resulted in the
issuance of a mitigated Negative Declaration which was posted on
December 3, 1988'
CONTINUED ON ATTACHMENT: - YES SIGNATURE:
APPROVE OTHER ..C...E..ATION OF BOARD COMMITTEE
—April 4 1929. APPROVED AS RECOM.C.
DCO OTHER
vnrc or supERV/spRs
X vm^p/wm� /^o�cw� z > / *cpco' CERTIFY THAT THIS IS " rRoc
AND-- -----' — CORRECT copy or AN AC,/p° TAKEN
^'cS, *osy._ AND sw`cnco ON THE "/fJJTcs OF THE m=°D
^oss°`: ^osr^'w. OF svPcpv/SORs ON THE o^rc s"o°w,
cc` Community Development Dept. ^TTcsrEu April 4, long �
Garrett Development, Inc. -----
L«rco p"'L u^'c«cLo* cLcox o' THE eo^~pu,
Public Works-Tom oquuiak SUPERVISORS AND COUNTY AoM.w.srp^,op
Oakley Fire Protection Dist.M382 7-83 BY
|
tip
Findings Map
1 I
I I "I 1
"
CONTRA
/ G`OST•y A-4 ,,.,. � ca />1
A. ro`",�.:
''`• P'l
P-1
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i1
is
ry 1
G::
,—
i -
s3ATE.ie .. MW.. 4 —_
Rezone From A-Z To P-1 Area
I, MEt/SSA //.d�PJSGW Chairman of the East County
Regional Planning Commission, Contra Costa County,State of California,
do hereby certify that this is a true and correct copy of PAGES E-/G,
AE-17 OF TT/E COUNTY S /ZZ8 ZVAIIVa MdP
indicating thereon the decision of the East County Regional Planning
Commission in the matter of-G4AEWe2T' VEVEZYPMENT/NC.
213/?-lea
Ch rman of the East County Regional
Planning Commission,State of California
ATT#; '
Se f e s County Regional
mmissi n,State of California
. 1
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3032-88, REZONING 2812-RZ AND SUB-
DIVISION 7152:
1. Subdivision application 7152 is approved generally as shown on the vesting
tentative map dated October 5, 1988, as received by the Community Develop-
ment Department, and subject to the conditions listed below. Applicant
shall comply with all Conditions of Approval for Rezoning 2812-RZ and Final
Development Plan 3032-88, prior to filing a Final Map.
la. This portion of the site lying west of Mota Drive shall not be developed.
This property (known now as "Hill 428") shall become permanent open space
and shall be disturbed to the minimum extent feasible by construction as-
sociated with the Seabreeze development, allowing for the installation of
water lines and a water tank necessary to serve the project site. The open
space shall be deeded over to a public agency subject to review and ap-
proval of the County Zoning Administrator. Applicant shall berm and land-
scape existing water tank to conceal to the maximum extent feasible. The
applicant shall conceal the future water tank to the greatest extent or
bury if necessary. Applicant shall have created and installed (subject to
Zoning Administrator review and approval ) a historic marker to be perma-
nently placed on "Hill 428" commemorating both the Spanish and Native
American populations.
2. The number of Single Family Residential units shall not exceed 138.
3. Should archaeological materials be uncovered during grading, trenching or
other on-site excavation(s) , earthwork within 30 yards of these materials
shall be stopped until a professional archaeologist who is certified by the
Society for California Archaeology (SCA) and/or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and suggest appropriate mitigation(s) , if deemed necessary.
4. Applicant shall submit full size elevations for review and approval of the
Zoning Administrator prior to issuance of building permits.
5. Prior to the issuance of Building Permits, the applicant shall submit sam-
ples of colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be of neutral color and complementary.
6. Illuminated house numbers visible from a public or private roadway are re-
quired for each residence.
7. Applicant shall comply with the recommendations of the acoustical study
prepared for this project by the Charles M. Salter Group, dated June 15,
1988, including any future revisions to those recommendations.
8. On the provision of police service, the applicant agrees to vote their
property into a "special tax area" for police service at an initial level
of $100 per parcel annually. This amount shall be adjusted yearly accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re-
view the assessment amount and adjust it to a higher level as conditions
warrant it. Review shall be made of the initial assessment amount after
2
o l
budget hearings and after the pending elections of the general community on
the question of additional police-services.
9. Provision of a Child Care Facility or program is required for the develop-
ment. The program shall be submitted for the review and approval of the
Zoning Administrator prior to the filing of the Final Map.
10. At least 60 days prior to recording a Final Map, issuance of a grading
permit, or construction of improvements, submit an engineering geology re-
port meeting the requirements of the County Planning Geologist for review
and approval .
Concurrently with recordation of the final map, record a statement to run
with deeds to the property acknowledging the approved report which is ex-
pected, and earlier reports by Purcell , Rhoades & Associates and Allstate
Geotechnical Services, by title, author (firm) , and date, calling attention
to report recommendations, and noting that the reports are on file for
public •.review in the Community Development Department of Contra Costa
County.
Prior to issuance of Building Permits on parcels of this subdivision, sub-
mit an as-graded report of the engineering geologist and geotechnical en-
gineer with a map showing lithologic and engineering geology units, rock
stratification and discontinuities, measured during grading; final plan and
grades for subsurface drainage, subdrain disposal and pickup points, and
cleanouts; any buttress fill or shear key with its keyway location; re-
taining walls; and other rock and soil improvements installed during grad-
ing, as surveyed by a licensed land surveyor or civil engineer.
11. The preliminary landscape plans, together with text discussion of land-
scaping in applicant's project description is approved as presented. Prior
to issuance of building permits; applicant shall submit final landscape
plans for street setbacks, disturbed slopes, common and open space areas
and a typical frontyard, prepared in accordance with the County's Water
Conservation policies. Suitable drought tolerant California native species
shall be used as much as possible for landscaping. Landscaping of common
area between project and Delta Glen site to east shall mitigate impact of
project on existing homes. All the above shall be subject to review and
approval of the Zoning Administrator.
12. All landscaping shall be constructed prior to occupancy, and shall be
maintained by the applicant until occupancy. Applicant shall develop a
landscape and lighting district or other assessment mechanism to guarantee
maintenance and fire control of all common areas and open space.
13. Prior to the issuance of building permits the applicants shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator (un-
less otherwise required by a TSM Ordinance) . The approved TSM plans shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
14. Provide $15,000 in funds to the Pittsburg/West Pittsburg area clean up
fund.
3
15. Provide $50,000 in funds for the West Pittsburg homeless.
16. Applicant shall lower project grade to the greatest extent feasible in or-
der to enhance the view of the Delta and Suisun Bay from eastbound State
Highway 4, subject to the review and approval of the Zoning Administrator.
11. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically
listed in this conditional approval statement. Requirements of the
Ordinance include the following:
1. Constructing road improvements along the frontage of Evora Road.
2... Undergrounding of all utility distribution facilities.
3. Installing street lights and applying for annexation to County
Service Area L-100 for maintenance of the street lights. The
final number and location of the lights will be determined by the
County Traffic Engineer..
4. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
Since this property is located in two separate drainage areas,
this will . require conveying stormwater runoff arriving at and
originating on this .property to respective existing adequate
drainage facilities in each.
5. Prohibiting the discharging of storm waters to roadside ditches.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. Submitting improvement plans prepared by a registered civil en-
gineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
County Traffic Engineer.
8. installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
9. Prohibits discharging storm waters into the Contra Costa Canal or
any other water conveyance or impounding facility for domestic
water consumption.
B. Convey to the County, by Offer of Dedication, 16 feet of additional
right of way on Evora Road as required for the planned future width of
4
92 feet. The additional right of way shall include the additional
length of the Evora Road left turn lane needed due to the steep grade
on Evora Road.
C. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face), necessary longitudinal and transverse drainage, and necessary
pavement widening and transitions on Evora Road. The face of curb
shall be located 10 feet from the widened right of way line. The road
improvements shall include left turn channelization at Mota Drive.
The design shall consider the steep grade on Evora Road.
D. Relinquish abutter's rights of access along Evora Road, including curb
returns.. Access shall be permitted at the Mota Drive and St.Topez
Drive access points only.
E. Construct an all weather trail between San Remo Court and the trail
located east of this property in the Delta Glen Subdivision.
F. Construct intersection improvements at the Evora Road-Pomo Street in-
tersection up to a maximum of $50,000.
G. Provide $50,000 for master traffic plan study to determine the feasi-
bility of widening and realigning Evora Road to County arterial stan-
dards. Applicant shall not be required to perform or construct any
improvements in connection with this study.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. Furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or per-
manent, road and drainage improvements.
J. Mitigate potential sight distance problems at the curves in Rapallo
Way and at the Beaulieu Drive-St. Raphael Drive and Beaulieu
Drive-Rapallo Way intersections in a manner acceptable to the Public
Works Department, Road Engineering Division, subject to the review and
approval of the Zoning Administrator. The applicant shall submit a
sight distance analysis to the County subject to their review and ap-
proval .
K. Install a traffic signal facility at the Evora Road-Mots Drive inter-
section.
L. Install conduit for a traffic signal interconnect system.
M. The road configuration for St.Topez Drive shall be modified to provide
20 feet for the northbound lane and 28 feet for the southbound left
and right turn lanes. The curb radii at the Evora Road-St. Topez
Drive intersection shall be increased to 30 feet.
N. The road configuration for Mota Drive shall be modified to provide a
20 foot northbound lane and 28 feet for southbound left and right
5
turn lanes and necessary transitions. The curb radii at the Evora
Road-Mots Drive intersection shall be increased to 30 feet.
0. Extend St.Raphael Drive westerly to connect with Mota Drive as an
emergency access. The access shall be blocked with a breakaway bar-
rier and shall be paved with paver blocks which will provide for es-
tablishment of a low groundcover which shall be passable by emergency
vehicles in all types of weather.
P. Install sidewalk, pavement widening, bike lane, from eastern property
line to Delta Glen west property line. The County will assist in ob-
taining all necessary rights-of-way.
Q. The following improvements shall be credited against the West
Pittsburg Area of Benefit fees or any other source of County funds
deemed appropriate by the Zoning Administrator or reimbursed to ap-
plicant, within 3 years of the filing of final map, pursuant to a re-
imbursement agreement entered into between County and applicant sub-
ject to the review of the Public Works Department, Road Engineering
Division, and the review and approval of the Zoning Administrator:
1. Up 'to $110,000 of the cost of the installation of the Evora
Road-Mota Drive intersection traffic signal facility and the
conduit for a traffic signal interconnect facility.
2. The cost of pavement widening along this property's Evora Road
frontage up to $73,000.
3. The full cost of intersection improvements at the Evora Road-Pomo
Street intersection. Total cost of intersection improvements not
to exceed $50,000.
4. The full cost of the Evora Road arterial road alignment study,
with the total amount expended by applicant not to exceed
$50,000, as specified in Condition of Approval No. - 17.G.
5. The cost of improvements to the road configuration of Mota Drive
and the Mota Drive/Evora Road intersection, as specified in Con-
dition of Approval No. 17.N.
6. The provision of $50,000 in funds for homeless in the West
Pittsburg area.
7. The full cost of pavement widening, bike lanes and sidewalk from
the subject eastern property line to the western property line of
the Delta Glen Subdivision.
INFORMATIONAL NOTES
1. Applicant shall comply with the Park Dedication Ordinance through payment
of fees.
6
i
2. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for
the West Pittsburg Area of Benefit and the East/Central County Travel Cor-
ridor Area of Benefit as adopted by the Board of Supervisors.
The area of benefit fees will be fixed at the current rate of $1254 per
unit and $380 per unit respectively.
3. Comply with the drainage fee requirements for Drainage Area 48B and 48C as
adopted by the Board of Supervisors.
The Drainage Area 48B fees are currently $950 per unit for single family
residential with 4000 to 4999 square feet of land per unit to $1425 per
unit for single family residential with 14,000 to 19,999 square feet of
land per unit. The Drainage Area 48C fees are currently $1210 per unit for
single family residential with 4000 to 4999 square feet of land per unit to
$1810 per unit for single family residential with 14,000 to 19,999 square
feet of land per unit.
4. Unless otherwise specifically noted, all fees shall be required to be paid
at the date of final inspection or the date of issuance of occupancy,
whichever occurs first.
JE:vpl
R29/7152.coa JE/df
RZ13:7152.coa
revised 4/4/89 B of S
EXHIBIT C
REIMBURSABLE COSTS
1 . Cost of improving Evora Road at $ 50,000
Pomo, Drive with left turn lanes
(Condition 17Q3)
2 . Contribution to Pittsburg/ 15,000
West Pittsburgh Area Clean-Up Fund
(Condition 14)
3 .- Contribution to funds for study 50,000
of homeless (Condition 17Q6)
4 . Contribution to funds for Master 50,000
Traffic Plan Study
(Condition 17Q4 )
5 . Full cost of pavement widening, 90,000 (est. )
bike lanes and sidewalk from subject
eastern property line to western
property line of the Delta Glenn
Subdivision (Condition 17Q7)
$255,000 (est. )_
EXHIBIT D
CREDITABLE COSTS
1. The cost of installation of the Evora $110, 000
Road/Mots Drive intersection traffic
signal facility and conduit for a
traffic signal interconnection facility
(Condition 17QI)
2 . The cost of pavement widening along subject 73,000
property Evora Road frontage
(Condition 17Q2)
3 . The full cost to improve the road 24 , 000
configuration of Mata Drive and the
Mota Drive/Evora Road intersection
(Condition 17Q5)
$207,000