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Home My WebLink AboutMINUTES - 01161996 - C33 i Contra TO: BOARD OF SUPERVISORS Costa County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: January 4, 1996 SUBJECT: EXTENSION OF APPROVAL FOR SUBDIVISION #6013 AND FINAL DEVELOPMENT PLAN #3024-82 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the requested extension for 3 years and establish a new expiration date for the approvals of April 15, 1999. FISCAL IMPACT Not applicable. BACKGROUNDjREASONS FOR RECOMMENDATIONS On March 30, 1989 the United States District Court entered an order amending the judgement in the Federal Court Case L. E. Weisenburg, ar. and Delta Coves, A Limited Partnership, Plaintiffs, v. County of Contra Costa, Defendant. Among other things the order amending the judgement approved the Tentative Subdivision Map and Final Development Plan. In conjunction with the Office of the County Counsel, staff has determined that due to delays in the issuance of permits by the US Army Corps of Engineers the approval will expire on April 15, 1996. In order to comply with the judgement in the Federal Court Case, staff recommends that the extension requested by the applicant be approved for the maximum period allowed by Title 9 of the County Code (The County Subdivision Ordinance) . CONTINUED ON ATTACHMENT: YES SIGNATURE - . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON January 16 , 1996 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:DENNIS M. BARRY 646-2091 Orig: Community Development Department ATTESTED January 16 , 1996 cc: County Counsel PHIL BATCHELOR, CLERK OF Subdivision #6013 THE BOARD OF SUPERVISORS FDP 3024-82 AND OUN ADM STRATOR Warren Weisenburg Trust Construction Inc. BY JO , DEPUTY DMB/df Delta Coves c , r7C 29 Pr9 12: 06 3 '1 SEPT December 28, 1995 Mr. Harvey E. Bragdon, Director Community Development Department Contra Costa County 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553-0095__ Re: Delta Coves; Final Map Filing Extension Dear Mr. Bragdon: Delta Coves L.P. received your department's November 30, 1995 letter which advised. us of an April 15, 1996 deadline for filing the final map for the Delta Coves project (Tentative. Subdivision Map No. 6013 and Final Development Plan No. 3024-82). We will not be able to meet this deadline. Therefore, we request a three year filing extension. We have submitted applications for permits/agreements to the US Army Corps of Engineers, the California State Lands Commission, and the California Department. of Fish and Game. We are waiting for their approvals, The Corps, for instance, must: coordinate with various other Federal and State agencies. These processes are slow. In our view, it is doubtful that we will have the required approvals by the County's deadline. Should all these approvals be granted in the near future, we would not be able to obtain financing and engineer a final map in the few remaining months. Exactly what conditions will be imposed upon the project can not be predetermined. We anticipate the construction outlay required to prepare the subdivision for individual lot sales will total approximately $45,000,000. The major part of this will be for dewatering, grading, and compaction of the Delta Coves lagoon and levee system. This process will be completed in one phase and take about two years to complete. Only then can final improvements and sale of the phased lot subdivision be commenced. Thus, our return on investment will lag a considerable length of time behind our huge up-front expenditures. I make you aware of these important elements so that you will understand the economic realities of this project. Statewide, authorized residential construction permits for years 1990- 1994 remain 58% below 1985-1989 levels (California Statistical Abstract 1995). It is expected that construction of single-family homes, in the West region for 1995, will be 10% below 1994 levels (McGraw-Hill Information Services). Yesterday's announcement that home sales fell 1. 7 in November (National Association of Realtors) indicates a weakening in 10/6&4- 29 Sorrento Way San Rafael • California 94901 (415) 453-4666 f the market. The current construction climate can be characterized by tight credit and projects of 100 or fewer homes. Due to all the factors listed, we expect a difficult and lengthy process in obtaining capital once all approvals are in hand. It is our position that Government Code Section 66452. 11 provides for an automatic 24 month extension to the above mentioned deadline. However, due to the procedural burdens, size, scope, cost, and economic climate relating to this project, we believe it wise to request the 36 month extension provided for in Sections 66452.6 and 94-2.610. Lastly, we are curious as to how the April 15, 1996 deadline was determined by County Counsel since no explanation was offered. I look forward to your response. Sincerely, D Warren L. Weisenburg, or Trust Construction Inc. General Partner Encl. : $550.00 extension fee..