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HomeMy WebLinkAboutMINUTES - 02231993 - 1.23 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 23, 1993 SUBJECT: Collect and Convey Drainage Requirements for Land Use Permit 2036-92 (McDonald's Restaurant - Oakley Area) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: GRANT a temporary exception to the "Collect and Convey" requirement of Ordinance Code Section 914-2.00. DIRECT the Director of Building Inspection to withhold issuance of building permits until a drainage improvement agreement, with appropriate security, is filed with the Public Works Department to construct the downstream drainage system necessary to satisfy the ultimate drainage requirements for LUP 2036-92. II. Financial Impact: No financial impact to the County. III. Reasons for Recommendations and Background: Minor Subdivision 5-85 was approved in May of 1985. The Minor Subdivision created four parcels at the northwest corner of Highway 4 and Bridgehead Road in the Oakley area and is in Drainage Area 29G. During the processing of the development it became evident that the project could not feasibly construct the necessary drainage improvements to satisfy collect and convey. When the parcel map was filed for MS 5-85, the developer was allowed to develop a Shell Gas Station on Parcel A on the corner of Bridgehead Road and Highway 4, but granted development rights to the other three parcels until such time as the drainage improvements were Continued on Attachment: x SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON FEB 2 3 1993 APPROVED AS RECOMMENDED OTHER— VOTE OF SUPERVISORS ✓ UNANIMOUS (ABSENT I ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is it true and correct copy -3' an action taken and entertd on the minutes of mn JMW:RMA:cI Board of Supepoaors on the dal" !shown. c:B023.t2 ATTESTED: r 2 R `gM3 Contact: M.Avalon 313-2235 Works (E/S) PHIL BATCHELOR,Clerk of the Board Orifi. Div: Public Ws/S) of Supervisors and County Administrator cc: County Works Director,Community Development n Director, Building Inspection By .. &L", ,Deputy County Counsel Flood Control D.Weisenhunt, McDonald's Corporation D.Adams Collect and Convey Drainage Requirements for Land Use Permit 2036-92 Page 2 February 23, 1993 III. Reasons for Recommendations and Background cont.: constructed to satisfy collect and convey. LUP 2036-92 was recently approved for a McDonald's restaurant on Parcel B, adjacent to the Shell Gas Station. There is currently a K-Mart project in the City of Antioch on Highway 4,just west of Highway 160. The K-Mart project is currently designing a large detention and outfall facility for Drainage Area 29G. With K-Mart constructing these facilities, it now becomes feasible to construct the ultimate drainage improvements to serve the parcels of MS 5-85. Staff has met with McDonald's and Dale Adams, the owner of the remaining parcels of MS 5-85, and have come to the following agreement: 1. It is acknowledged that improvements are being planned in Drainage Area 29G, but they will not be complete before McDonald's wishes to open its restaurant. 2. McDonald's will be allowed to drain their storm waters to Highway 4 and then to the west and tie into an existing storm drain system at the Highway 160 overcrossing, which drains to the north. This existing system is inadequate and does not satisfy collect and convey. 3. McDonald's will pay their portion of the drainage fee for Drainage Area 29G, which will complete their obligations for the drainage line improvements. 4. The owner of the property, Dale Adams, will agree to construct the necessary drainage facilities from the detention basin to the existing storm drain that McDonald's will be draining into. Dale Adams will also execute a Drainage Improvement Agreement and post security to ensure construction of the drainage facilities. 5. Building Permits for the McDonald's restaurant will not be issued until the Public Works Department has received an executed Drainage Improvement Agreement, along with appropriate security for the drainage facilitates. In order to satisfy the timeline for McDonald's development and recognizing that the construction of the drainage improvements may take one or two years, it will be necessary to grant a temporary exception to collect and convey for McDonald's to proceed at this time. IV. Consequences of Negative Action: McDonald's would not be able to proceed at this time and would be delayed one or two years until the drainage facilities are installed.