HomeMy WebLinkAboutMINUTES - 10071997 - D4 S E _. 41
•��� '{ °�'�,. Contra
Costa
TO: BOARD OF SUPERVISORS oi, �•' a�
County
FROM: VAL ALEXEEFF, DIRECTOR ~~
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY °°SrA-c-
DATE: September 29, 1997
SUBJECT: October 7 , 1997 Hearing on the Appeal by Allied Investments of the
Administrative Decision of the GMEDA Director concerning payment of
in-lieu Park Dedication Fees for the Moraga Highlands project,
Subdivision 7174, in the Moraga area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DENY the appeal and SUSTAIN the July 28, 1997 decision of the
Director of the Growth Management and Economic Development Agency,
except that the total disallowed park fee credit shall be $20, 795 .
FISCAL IMPACT
None provided that appeal of the administrative decision is denied.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In December, 1993 , the Board of Supervisors approved (on appeal)
the Moraga Highlands project, Subdivision 7174, located adjacent to
the Town of Moraga, immediately southeast of the Town. The
approval allowed for development of 15 residential lots . The
developer felt that the project would not have received as many
units through annexation and process through Moraga, and thus
sought the County approval alternative. The /County pledged to work
with Moraga to satisfy other concerns .
In approving the project, he Board accepted the recommendations of
the Town of Moraga and Eastay Regional Park District, and
required the applicant to diligently pursue the construction of an
off-site trail improvement on the opposite (west) side of Camino
Pablo (COA #8 .E . ) . The improvement was intended to aid in the
establishment of a relocated road crossing for an East Bay Regional
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON October 7, 1997 APPROVED AS RECOMMENDED OTHER
CONTINUED to October 21, 1997, at 2:00 p.m., the hearing on the Administrative Appeal of Allied
Investmentsxfrom the decision of the Director, GMEDA, on partial credit from Park Dedication
Requirements for Subdivision 7174, Moraca area.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT District III 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 : Bob Drake [ (510) 335-1214]
Orig: Community Development Department ATTESTED October 7, 1997
CC : Allied Investments PH BATCHELOR, CLERK OF
Turner Huguet & Adams BOARD SU VISORS
Town of Moraga C Y NIST TOR
Public Works Dept . - Eng. Services -
Bellecci & Associates UTY
County Counsel H sti ne Wampler
:-, j : \groups\cdadpool\bob\sub7174 .bo
RD\
Park District trail . The Condition of Approval also authorized the
granting of credit against the project' s in-lieu park fee
requirement pursuant to the Park Dedications Ordinance (Division
920) for costs incurred in the improvement of this trail facility.
Pre-Tentative Map East-side Trail Conditions and Tentative Map
Requirements
At the time of the original tentative map application, the Camino
Pablo frontage contained an 8-foot trail . It also provided a mid-
block crosswalk connecting with an East Bay Regional Park District
trail extending to the west of the site.
The tentative map application not only proposed the widening of
Camino Pablo along the frontage, but also the replacement of the 8-
foot trail with an 8-foot sidewalk.
The Board of Supervisors approved the subdivision subject to the
following requirements :
• frontage improvements including widening of Camino Pablo and
a 41A foot sidewalk, but subject to prior review of the Town of
Moraga (COA #28 .A. 1 . ) .
• payment of park dedication fees and allocation of fees to the
Town of Moraga (COA #7) .
• that the applicant diligently pursue the installation of a re-
aligned trail providing for construction of improvements along
the west side of Camino Pablo, and that the applicant could
qualify for credit against the park dedication fee for this
improvement (COA #8 .E. ) . The trail improvements were intended
to provide for re-location of the trail crossing to a nearby
intersection.
Town of Moraga' s Understanding with the Applicant
In 1994, without involvement of County Community Development
Department staff, the Town of Moraga indicated that they were
agreeable to allowing the applicant to avoid construction on the
west-side. However, the elimination of the off-site trail
requirement was made subject to re-installation of a sidewalk on
the east side, and subject to the understanding that no credit
would be allowed against the park fee requirement for the agreed
upon improvements . See exchange of correspondence between
applicant' s engineer and Moraga dated June 1994 .
Request for Credit Against Park Fee Obligation
In a letter dated November 28, 1995, the applicant' s engineer
requested and was granted by the Zoning Administrator credit for
trail improvements . Normally, the park dedication ordinance
requires an in-lieu park fee of $2000 per new residence, or $30, 000
for the entire subdivision. The submittal was accompanied by a set
of plans for walkway improvements . The request also included a
credit for $5200 of trail improvements within Rancho Laguna Park to
the south.
It subsequently came to staff' s attention that the improvements for
which the applicant had requested credit pertained to sidewalk
replacement improvements along the frontage to the subdivision
project (the east side of Camino Pablo) required by Public Works,
not the required trail improvements on the west side of Camino
Pablo. Therefore, the applicant was not entitled to the requested
credit against the in-lieu park fee requirement .
-2-
Decision to Require Payment of Park .Fees
In a letter dated July 28, 1997, the Director of the Growth
Management and Economic Development Agency advised the applicant
that the County:
• Had determined that the applicant did not qualify for full
credit against the park dedication fee, and that $20, 695 of
the park fee credit would be disallowed. Subsequently, staff
has reviewed the amount and the credit disallowed is actually
$20, 795 .
• A credit of $5200 against the park fee obligation would be
allowed for the cost of specific improvements which the
applicant undertook within an adjoining park (Rancho Laguna)
to the south of the site which the applicant had worked out
with the Town of Moraga. It should be noted that the
applicant had previously paid $4005 in park fees to the County
prior to issuance of any building permits .
• Payment of the park fee obligation would be due and payable
prior to final inspection of building permits .
• Payment of the required park fee would constitute compliance
with Condition of Approval #8 .E.
The Town of Moraga supports these terms .
STATUS OF RESIDENTIAL BUILDING PERMITS WITHIN SUBDIVISION
As of the preparation of this staff report, eleven residential
building permits have been issued within this fifteen-lot
subdivision; three permits have been finalled; the remainder are
active .
APPEAL OF GMBDA DIRECTOR DECISION BY APPLICANT
In a letter dated August 27, 1997, the developer, Allied
Investments, appealed the GMEDA Director' s decision. The appeal
indicates that in addition to the $5200 credit for park
improvements, the developer feels he is also entitled to credit
against the park fee requirement for:
• an 8-foot replacement sidewalk along the frontage of Camino
Pablo in-lieu of the 4% foot sidewalk specified in Condition
of Approval #28 .A. 1 .
• $15, 000 for installation of a force main at Rancho Laguna
Park.
RESPONSE TO APPLICANT' S APPEAL
The appeal points raised by the applicant do not justify the
granting of credit against the park fee obligation.
1 . Appeal Point : Allied Investments was requested to install an
8-foot sidewalk along the project frontage
instead of a 4-�2, foot sidewalk as specified in
Condition of Approval #28.A. 1 .
Staff Response: As is standard practice, the approval of
the subdivision required the applicant to convey additional
right-of-way along the frontage of Camino Pablo (COA #28 .B. ) ,
and to construct frontage improvements along Camino Pablo (COA
#28 .A. 1 . ) to satisfy subdivision code requirements . The
condition of approval specified a sidewalk width of 4% feet .
-3-
However, the construction of any frontage improvements would
require a permit from the Town of Moraga insofar as the entire
right-of-way is located within the Town' s jurisdiction.
Therefore, the Town was able to require the project to meet
the Town' s existing sidewalk standards for the Camino Pablo
frontage improvements without credit . Had there been no
sidewwalk, and a sidewalk was required, it would have been at
the Town standard.
The original 1995 credit request failed to disclose key
information on the relevant project background information.
• The original 1995 park fee credit request was based on
reference to COA #8 .E. which pertained to a trail
improvement on the west side of Camino Pablo, not the
sidewalk along the frontage improvement . The cover
letter made no mention that the request for credit was
based on sidewalk improvements to the project frontage.
• The 1995 credit request also followed the 1994 exchange
of correspondence between the applicant' s engineer and
the Town of Moraga where the communication was that
frontage sidewalk and off-site improvements would not be
used for credit against the project' s park fee
requirement . The cover letter made no mention that the
basis for the Town' s agreeing to an east-side trail
provided that these improvements did not qualify for
credit against the project' s park fee obligation.
Providing a wider sidewalk on the east side of the street was
the level of improvement which the Town of Moraga could impose
on the project because of where the project was situated. The
improvement satisfies the project' s obligation for sidewalk
improvements. It also replaced a similar facility of similar
dimensions . A wider sidewalk on the east side does not
address the applicant' s failure to provide a trail improvement
on the west side of Camino Pablo as specified in Condition
#8 .E. or pay park dedication fees as specified in COA V .
2 . Appeal Point: Allied Investments should be able to qualify
for credit against improvements which the
applicant undertook within Rancho Laguna Park,
including installation of a force sewer main,
at a cost of $15, 000.
Staff Response: First, the force sewer main was not an
issue of project approval or one of the items originally
listed in the credit request from the applicant in their
November 28, 1995 letter. Second, the exchange of
correspondence between the applicant and the developer in June
1994 suggests that the installation of the force sewer main
and other park improvements were voluntarily agreed to between
the applicant and the Town of Moraga in consideration for
other benefits from the Town of Moraga outside County
involvement . At the time that this agreement was made, the
Town was operating under the understanding that Condition
#8 .E. would be satisfied by payment of park fees . Therefore,
it is not within the County' s authority for park fees to
credit such expense to the applicant .
If there is a dispute over the force main issue, the County is
willing to review the exchange of documents and offer comments
but not in relation to this item.
-4-
10/02%97 10:17 $510 228 3596 T H AND A ATTrS 0002/002, r
RE
CEIVED
TURNER, HUGUET & ADAMS
ATTORNEYS AT LAW 2 W7
924 MAIN STREET
P.O. BOX 110
MARTINEZ, CALIFORNIA 94553 CLERK BTZL(510)220-3433 CMAVRIG4 C•MVGV4T.JR.
JONATMAN DANfft ADAM'- FAX(5 10)225-3896 GORDON B.TURNER
October 2, 1997
VIA FAX 3.55-19] 3
Board of Supervisors
County of Contra Costa
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Attention: Ann
Re: Appeal by Allied Investments from the decision of the
Director of the Growth Management and EConomice
Development Agency
Dear Supervisors :
This will acknowledge receipt of your letter dated
September 29, 1997 informing me of the scheduled October 7,
1997 hearing on the above referenced appeal . Please be advised
that I have a calendar conflict on October 7th and would
appreciate your rescheduling the appeal hearing to your meeting
of October 21, 1997.
Thank you for your consideration of this request . Please
advise me of the time of the new hearing.
Very truly yours,
URNER, HUGUET & ADAMS
Jonathan Daniel Adam
JDA:dmh
1051D48
cc : Val Alexeeff , Dir. Growth Mgmt - Via Fax
10/02!97 10:16 V510 223 3596 T H AND A ATTYS Z001/002
TURNER, HUGUET & ALUAMS /
ATTORNEYS AT LAW
924 MAIN 5TR$ET
P.O. Box 110
MARTINEZ,CALIFORNIA 54553
MAURICIS C,HQr-U&e.JR. TEL($10)2$$-3433 RETIRED
JONATHAN DANIEL ADAMS FAX(510)228.358E GORDON B,TURNER
FAC SIMZ-LE TRAN MISSION COV R SHEET
TO: Board of Supervisors - A-'--tnz Ann 335-A.913
Growth Management - Attn: DF;bbie 646-1599
FROM: Jonathan Danie i !�.c
DATE: October 2, 1997
RE: Appeal by Allied Investments
NUMBER OF PAGES (INCLUDING THIS COVER SHEET) : 2
ORIGINAL SENT VIA ,S , 2n41L: YES NO x
DESCRIPTION: Correspondence dated October 2, 1997.
MESSAGE: Thank you.
SENT BSI: dmh
IF YOU DO NOT RECEIVE AL`!', PAGES, PLEASE
NOTIFY OUR OFFICE IMMEDIATELY AT (5.10) 228-3433
The pages comprising this fascimile transmission contain
CONFIDENTIAL INFORMATION from the Law Offices of Turner, Huguet
& Adams . This information is intended solely for use by the
individual or entity named as the recipient hereof . If you are
not the intended recipient, any disclosure, copying,
distribution or use of the contents of this transmission is
prohibited. If you have received this transmission in error,
please notify this office by telephone immediately so we may
arrange to retrieve the transmission at no cost to you.
1051D
10/02!97 10: 17 W10 223 3596 T H ANDA ATTYS [a]0 2j002
4 . RECEIVE®
TURNER, HUGUET & ADAMS ^ ,,,�y�
ATTORNEYS AT I.AW [ 0
924 MAIN STREET
Ro. Box i 10
MARTINEZ, GAUFORNIA 94553 CLERK BOARD OF SUPERVISORS
TEL(510}229 3493 CONTRA COSTA CO.
MAURIG4 C.MUOUCT,JR, RETIREE
JONATHAN GANICL ADAMS FAX(5i O)228-3896 GORDON 6.TURNER
October 2, 1997
VIA FAX 335-1913
Board of Supervisors
County of Contra Costa
County Administration Building "
551 Pine Street, Room 1.06
Martinez, CA 94553
Attention: Ann
Re; Appeal ,by Allied Investments from the decision of the
Director of, the Growth Management and EConomioe
Development ,Agency
Dear Supervisors :
This will acknowledge receipt of your letter dated
September 29, 1997 informing me of the scheduled October 7 ,
1997 hearing on the above referenced appeal . Please be advised
that I have a calendar conflict on October 7th and would
appreciate your rescheduling the appeal hearing to your meeting.
of October 21, 1997.
Thank you for your consideration of this request . Please
advise me of the time of the new hearing.
Very truly yours,
CJRNER, HUGUET & ADAMS
Jonathan Daniel Adam
JDA:dmh
1051D48
cc : Val Alexeeff , Dir . Growth Mgmt - Via Fax
s E..L
...... .off
Contra
Costa
TO: BOARD OF SUPERVISORS °'' " o COUnti
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY STa'cou'K`�
DATE: September 29, 1997
SUBJECT: October 7, 1997 Hearing on the Appeal by Allied Investments of the
Administrative Decision of the GMEDA Director concerning payment of
in-lieu Park Dedication Fees for the Moraga Highlands project,
Subdivision 7174, in the Moraga area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DENY the appeal and SUSTAIN the July 28, 1997 decision of the
Director of the Growth Management and Economic Development Agency,
except that the total disallowed park fee credit shall be $20,795.
FISCAL IMPACT
None provided that appeal of the administrative decision is denied.
BACKGROUND/REAS6NS FOR RECOMMENDATIONS
In December, 1993, the Board of Supervisors approved (on appeal)
the Moraga Highlands project, Subdivision 7174, located adjacent to
the Town of Moraga, immediately southeast of the Town. The
approval allowed for development of 15 residential lots. The
developer felt that the project would not have received as many
units through annexation and process through Moraga, and thus
sought the County approval alternative. The County pledged to work
with Moraga to satisfy other concerns.
In approving the project, the Board accepted the recommendations of
the Town of Moraga and East Bay Regional Park District, and
required the applicant to diligently pursue the construction of an
off-site trail improvement on the opposite (west) side of Camino
Pablo (COA ME.) . The improvement was intended to aid in the
establishment of a relocated road crossing for an East Bay Regional
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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: Bob Drake [ (510) 335-12141
Orig: Community Development Department ATTESTED
CC: Allied Investments PHIL BATCHELOR, CLERK OF
Turner Huguet & Adams THE BOARD OF SUPERVISORS
Town of Moraga AND COUNTY ADMINISTRATOR
Public Works Dept. - Eng. Services
Bellecci & Associates BY DEPUTY
County Counsel
. j :\groups\cdadpool\bob\sub7174.bo
RD\
Park District trail. The Condition of Approval also authorized the
granting of credit against the project's in-lieu park fee
requirement pursuant to the Park Dedications Ordinance (Division
920) for costs incurred in the improvement of this trail facility.
Pre-Tentative Map East-side Trail Conditions and Tentative Map
ReQuirements
At the time of the original tentative map application, the Camino
Pablo frontage contained an 8-foot trail. It also provided a mid-
block crosswalk connecting with an East Bay Regional Park District
trail extending to the west of the site.
The tentative map application not only proposed the widening of
Camino Pablo along the frontage, but also the replacement of the 8-
foot trail with an 8-foot sidewalk.
TYT Board of Supervisors approved the subdivision subject to the
fallowing requirements:
• •rfrontage improvements including widening of Camino Pablo and
a 4% foot sidewalk, but subject to prior review of the Town of
Moraga (COA #28.A.1.) .
• payment of ,park dedication fees and allocation of fees to the
Town of Moraga (COA #7) .
• that the applicant diligently pursue the installation of a re-
aligned trail providing for construction of improvements along
the west side of Camino Pablo, and that the applicant could
qualify for credit against the park dedication fee for this
improvement (COA WE.) . The trail improvements were intended
to provide for re-location of the trail crossing to a nearby
intersection.
Town of Moraga's Understanding with the Applicant
In 1994, without involvement of County Community Development
Department staff, the Town of Moraga indicated that they were
agreeable to allowing the applicant to avoid construction on the
west-side. However, the elimination of the off-site trail
requirement was made subject to re-installation of a sidewalk on
the east side, and subject to the understanding that no credit
would be allowed against the park fee requirement for the agreed
upon improvements. See exchange of correspondence between
applicant's engineer and Moraga dated June 1994.
ReQuest for Credit Against Park Fee Obligation
In a letter dated November 28, 1995, the applicant's engineer
requested and was granted by the Zoning Administrator credit for
trail improvements. Normally, the park dedication ordinance
requires an in-lieu park fee of $2000 per new residence, or $30,000
for the entire subdivision. The submittal was accompanied by a set
of plans for walkway improvements. The request also included a
j credit for $5200 of trail improvements within Rancho Laguna Park to
the south.
It subsequently came to staff's attention that the improvements for
which the applicant had requested credit pertained to sidewalk
replacement improvements along the frontage to the subdivision
project (the east side of Camino Pablo) required by Public Works,
not the required trail improvements on the west side of Camino
Pablo. Therefore, the applicant was not entitled to the requested
credit against the in-lieu park fee requirement.
-2-
Decision to Reauire Payment of Park .Fees
In a letter dated July 28, 1997, the Director of the Growth
Management and Economic Development Agency advised the applicant
that the County:
• Had determined that the applicant did not qualify for full
credit against the park dedication fee, and that $20,695 of
the park fee credit would be disallowed. Subsequently, staff
has reviewed the amount and the credit disallowed is actually
$20,795.
• A credit of $5200 against the park fee obligation would be
allowed for the cost of specific improvements which the
applicant undertook within an adjoining park (Rancho Laguna)
to the south of the site which the applicant had worked out
with the Town of Moraga. It should be noted that the
applicant had previously paid $4005 in park fees to the County
prior to issuance of any building permits.
• ;Payment of the park fee obligation would be due and payable
prior to final inspection of building permits.
• Payment of�,the required park fee would constitute compliance
with Condition of Approval #8.E.
The Town of Moraga supports these terms.
STATUS OF RESIDENTIAL BUILDING PERMITS WITHIN SUBDIVISION
As of the preparation of this staff report, eleven residential
building permits have been issued within this fifteen-lot
subdivision; three permits have been finalled; the remainder are
active.
APPEAL OF GMEDA DIRECTOR DECISION By A PLICA14T
In a letter dated August . 27, 1997, the developer, Allied
Investments, appealed the GMEDA Director's decision. The appeal
indicates that in addition to the $5200 credit for park
improvements, the developer feels he is also entitled to credit
against the park fee requirement for:
• an 8-foot replacement sidewalk along the frontage of Camino
Pablo in-lieu of the 4% foot sidewalk specified in Condition
of Approval #28.A.1.
• $15,000 for installation of a force main at Rancho Laguna
Park.
RESPONSE TO APPLICANT'S APPEAL
The appeal points raised by the applicant do not justify the
granting of credit against the park fee obligation.
1. appeal Point: Allied Investments was requested to install an
8-foot sidewalk along the project frontage
instead of a 4% foot sidewalk as specified in
Condition of Approval #28.A.1.
Staff Response: As is standard practice, the approval of
the subdivision requiredthe applicant to convey additional
right-of-way along the frontage of Camino Pablo (COA #28.B.) ,
and to construct frontage improvements along Camino Pablo (COA
#28.A.1.) to satisfy subdivision code requirements. The
condition of approval specified a sidewalk width of 4'/Z feet.
-3-
't.
However, the construction of any frontage improvements would
require a permit from the Town of Moraga insofar as the entire
right-of-way is located within the Town's jurisdiction.
Therefore, the Town was able to require the project to meet
the Town's existing sidewalk standards for the Camino Pablo
frontage improvements without credit. Had there been no
sidewwalk, and a sidewalk was required, it would have been at
the Town standard.
The original 1995 credit request failed to disclose key
information on the relevant project background information.
0 The original 1995 park fee credit request was based on
reference to COA #8.E. which pertained to a trail
improvement on the west side of Camino Pablo, not the
sidewalk along the frontage improvement. The cover
letter made no mention that the request for credit was
based on sidewalk improvements to the project frontage.
The 1995 credit request also followed the 1994 exchange
of correspondence between the applicant's engineer and
the Town of Moraga where the communication was that
frontage sidewalk and off-site improvements would not be
used :. for credit against the project's park fee
requitement. The cover letter made no mention that the
basis" for the Town's agreeing to an east-side trail
provided that these improvements did not qualify for
credit against the project's park fee obligation.
Providing a wider sidewalk on the east side of the street was
the level of improvement which the Town of Moraga could impose
on the project because of where the project was situated. The
improvement satisfies the project's obligation for sidewalk
improvements. It also replaced a similar facility of similar
dimensions. A wider sidewalk on the east side does not
address the applicant's failure to provide a trail improvement
on the west side of Camino Pablo as specified in Condition
#8.E. or pay park dedication fees as specified in COA V.
2. Appeal Point: Allied Investments should be able to qualify
for credit against improvements which the
applicant undertook within Rancho Laguna Park,
including installation of a force sewer main,
at a cost of $15,000.
Staff Response:, First, the force sewer main was not an
issue of project approval or one of the items originally
listed in the credit request from the applicant in their
November 28, 1995 letter. Second, the exchange of
correspondence between the applicant and the developer in June
1994 suggests that the installation of the force sewer main
and other park improvements were voluntarily agreed to between
the applicant and the Town of Moraga in consideration for
other benefits from the Town of Moraga outside County
involvement. At the time that this agreement was made, the
Town was operating under the understanding that Condition
#8.E. would be satisfied by payment of park fees. Therefore,
it is not within the County's authority for park fees to
credit such expense to the applicant.
If there is a dispute over the force main' issue, the County is
willing to review the exchange of documents and offer comments
but not in relation to this item.
-4-
NOTICE OF APPEAL RECEIVED
Board of Supervisors c/o August 27, 1997 AN 2 7
Clerk of the Board of Supervisors CLERK BOARD OF STA
CCO.SO.SORS
CONTRA
Contra Costa County
651 Pine Street, Room 108A
Martinez, CA 94553
Ladies and Gentlemen:
Please take notice that Allied Investments (;herein Allied)
appeals from the decision of the Director of the Growth
Management and Economic Development Agency' s decision set forth
in his letter of July 28, 1997, a copy of which is attached
hereto as Exhibit "A" .
THE FACTUAL BASIS for this appeal is that during the
process of the development of subdivision 7174 Allied
constructed sidewalk improvements in excess of the scope of the
conditions of approval for the subdivision. Specifically, the
conditions of the approval Section 28.A. 1) provided for
construction of a 4 ' 6" sidewalk along the frontage of Camino
Pablo adjacent to the subdivision. In fact Allied, was
requested to construct a sidewalk at a width of 8 ' . In
addition, Allied constructed an asphalt trail at Rancho Laguna
Park, as well as certain other Park improvements which were not
addressed by the conditions of approval . These improvements
include but are not limited to the installation of a force main
at a cost of construction of $15,000 . 00, installation of the
aforementioned asphalt trail in the amount of $4 , 000. 00 and
relocation of Park irrigation vacumn breaker in the amount of
$1,200 . 00 . Allied, as the developer of the aforementioned
subdivision incurred these expenses and claims an entitlement
to a credit against the $30, 000 . 00 Park dedication fees
pursuant to Section 920-8 .002 which provides for a mandatory
public improvement credit as follows :
"If the subdivider provides park and recreational
improvements to land dedicated for public park purposes, the
value of the improvements together with any equipment located
thereon shall be a credit, as determined by the planning
agency, against the payment of fees or dedication of land
required by the division. "
Allied will suffer economic injury if s credit is not
allowed.
Dated: August 27, 1997
Carl Zocch 4 Partner
Allied Investments
i
VERIFICATION
I Carl Zocchi, a partner in Allied Investments have read
the foregoing Notice of Appeal and declare under penalty of
perjury under the laws of the State of California that the
facts setforth therein are true and correct and that this
declaration was executed on August 27, 1997 Martinez,
California . -
Carl -Zocch Partner
Allied I estments
1051D43-44
�r
Jay Tashiro Ron Hubbard Carlo Zocchi
Planning Director Town Manager Allied Investments
Town of Moraga Town of Moraga 1033 Detroit Avenue
PO Box 188 PO Box 188 Concord, CA 94518
Moraga, CA 94556 Moraga, CA 94556
Frank Bellecci, Sr. Dan Adams
Bellecci & Associates Turner Huguet Brans & Adams Moraga Highlands
2290 Diamond Blvd. Suite 100 Attorneys at Law c:\wpdoc\sub7174.lab
Concord, CA 94520 PO Box 110 RD\
Martinez, CA 94553
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2290 Diamond 131vd..Suite 100,Concord.California 94520
/ (510)685-4569•Fax(510)685-4838
June 2, 1994
Town of Moraga
P. O. Box 188
Moraga, CA 94556
Attn: Jay Tashiro
Re: SUBD. 7174
Dear Jay:
In the spirit of cooperation, Allied Investments and our firm
have been working diligently with the Town of Moraga on items of
concern. Per your meeting with Carlo and Carl Zocchi yesterday,
two .specific items were resolved.
The first pertains to the existing restrooms located at the
t Rancho Laguna Park, located directly south of Subdivision 7174 .
1 Allied Investments, the developer, will inhance ,the Town's public
park restrooms by providing and installing the sewer pump and
force main required to dispose of the restroom sewage . The
sewage will -be pumped from the park' s restrooms to the in tract
sewer system of Subdivision 7174 . This will alleviate the Town's
burden of continuous maintenance of the existing restroom
facilities.
i -
The second pertains to the proposed roadways .that :liewithin the
Town of Moraga' s jurisdiction. Rather than having the Town of
Moraga and the Contra Costa County Public Works Department both
review and inspect segments of the development . roadways, it is
preferred that the County review and inspect and approve all
street improvements on behalf of the .Town of 'Moraga. This is
based on the facie that a majority of the development roadways
fall within the County's jurisdiction. Per the meeting held
yesterday with Carlo, you are agreeable to this.
If you have any questions or concerns, please contact me at the
above number.
Sincerely,
Michael P. Spencer
cc : Maurie Huguet
92053ss.mor
{r
('IV11.I;N(;INF,VHIN(; I.AND PLANNIN(7 I.ANO SUit T) IM;
. .03/31/97 16:27 FAX 1 510 376 2034 'T'OR'N OF HORAGA Q002/004
x ,1.1.1.?'CC1 &Assoc,x rs,t �.
2290 Utatnnnd Blvd.,finite M).Coita>,d,«tiflMda 94520
(510)685.4569•I%tt(510)1,85-4838
June 20, 1994
Town of Moragn
P.0.(lox 188
Motagn.CA 94556
Attn: Jay'luslilro
irc: SUM).7174
Ucar.Jay:
'1110 purpose or this letter is to recap cite iters that were resolved during today's meeting held
on-sits with you, Carlo and Carl Zocchl,Dan Bernie:, and myself. 'lite heaps areas follows:
As indicated in a prior letter dated June 3, 1994,Allied Investments will enhance(lie Town's
public park restrootus by providing the sewer bump and installation of the Curce(main required to
dispose of(lie restrooin sewage. 'rids will enable the Town of Moraga to service file park
re;slroonts and alleviate tate present burden of maintaining(lie existing testrootit Cacllilies.
This project has been conditioned (o construct 20'of paventeut on the east sick ofcantinct labia,
measured front existing centerline to proposed face ofcurb,along lite subdiviainn's frantage.
'17tis pavement Width will imract the existing WWI along(iris frontage. Any Imil iruprovcmcnts
will be credited towards pack dedication fees. The Town of Moraga wouldr rather utill7c alae
exis(ing trall and allow for a varying pavement ltalCwidtlt front 10 to 2(r along C.autino Pablo.
Undcr this proposal,Camino Pablo will maintaitl a minitnuin width of 29.5'overall in
considering cite west portion of existing roadway.
'IYie proposed roadway along the southern property line is condi(iotted for various widths: 'tyle
roadway,from C.amiao Pablo to(lie subdivision entrance,is(o be 24'wide(ce itcrline to face of
curb)and 18'wide Crottt lite entrance to the southeast catitcr. We iave alrea(ty established that
(tic County is going to maintain lits roadway on behalf of the Town of Moraga. 'lite minitnum
roadway widtlt rccluircd by,the County Public Works Department Por public roadway ilcccptnnce
is 28'. 'lliercrare,we propose*a 28'roadway the full Icnbdr of(lie subdivision boundary. Millis
case,24'of pavement will be located north of the centerline And 4'ot'pavctnent along with a Z'
rock shoulder wiil be.placed south of lite centerline. S(otin water rtntorr fmin file Ftrect will lie
collected with an interceptor ditch and conveyed within our pmposed drainnge system. 'Cit sRltca
(he visual impact of(lie vertical change in this roadway,Manznnitn•shnilnr(a that which exists in
the park,will be planted along the first 1 00'of roadway between lite interceptor ditch paid(lie
r
<'It'1l.(iN(:LNt:I:ItINt i I.AN11 1'I.ANNIN(: - I.AN11 S111VVta'IN<:
03/31/97 16:27 FAX 1 slo 376 2034 TOWN OF MORAGA Q003/00v�.
roadway. Also,minimal landscaping materials will be provided to(fie Town of Moruga far
minor allerutions at lite pedestrian entrance to the park.
The proposed drainage facilities collect and convey storm water runoiForiginnling ou-site
and discharge lata the natural watercourse south of the bridge crossing. 'this is the desired
alignment per the County Public Works Department. MicTown oP Moraga has no abjection to
tits alignment.
It appears that lite'i own of Moraga is in agreement with what is stated above. in order Por us to
proceed with plop revisions for second submit(a1,we request that you acknawicclge anti accept
our proposed improvements as meeting your needs. Wa would aporeeiate a prompt response.
If you have any questions or concerns,please contact me at(lie above number.
Shicerely,
Michael P.Speticer ,
cc: Carlo Zocclti,Allied investments
itich Licrly,CCCPWU
92053.1 mor
rr
• Voidlia7 1U:271�AA I 51u 37U ZU34 •1.AN OF IIORAGA
U004/004
Y7.-c-,
(.?Q W II araga
PLANNING DEPARTMENT
350 RHEF.M BOULEVARD.SUITR 2 c• �� `•,
MORAGA.CA 04556 • Le 4
(6l0)376-5200 i
g
SOL X994
11
June 30, 1994 i;�1•i .
Mr. Michael V. Spencer
Hellecei & Associates, Inc.
2290 biamohd Blvd. , Suite 100
Concord, CA 94520
AS! Subdivision 7174
Dear Mr. Spencers
We have reviewed your letter dated June 20, 19941 recapping the
.issues discussed at the on-site meeting on June 20, 19941 and
have the following comments:
Y. The required park dedication fees will not be utilized far
any of ..the improvements identified in your letter.
.2. The development of the subject subdivision will .result in
the alteratLon of the entrance area to the Ranch Laguna
Park; therefore, -landscaping materials will be provided to
the Town of Moraga for improvement of said area after the
completion of the improvement.
J
Other than- the above items, we are in concurrence with the
issues enumerated. in your correspondence. If you have any
questions3, pleaae contact Dari Bernie at 631-7969 or me at
376-5200.
Sinc el:y,
ay ashiro
Pl ning- Director
'Dan Bernie
Superintendent of .Parke/Public Works
cel Carlo Zocchi, Allied Investments
Rich Lierly, CCCPWD
Rosa Hubbard, Town Manager it
Moon of Morasa
PLANNING DEPARTMENT
350 RHEEM BOULEVARD, SUITE 2
P.O. BOX 188 M?0
�O�ember,1��� MORAGA, CA 94556 D LL��
(510) 376-5200
AUG 19 1994
ENGINEERING SERVICES
August 16, 19 9 4 PuBUC wORKS DEPT.
Mr. Rich Lierly
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Re: Subdivision 7174
Dear Mr. Lierly:
As you are aware, a portion of the required roadway
improvements for this subdivision are located within the
jurisdiction of the Town of Moraga. The balance is within the
unincorporated � area . of. Contra Costa County. As stated in .the
attached letter, rather than the Town and. Contra Costa County
both reviewing and inspecting _ segments of the development
roadways for the subject subdivision, it is preferred that the
County review, approve and inspect street improvements on
behalf of the Town. It is our understanding, per a meeting
with Bellecci & Associates, . that you are in agreement with this
arrangement:
In order, to facilitate the County review. of the improvement
plans, the Town is in agreement with the : following design
criteria. The condition of approval requires the construction
of 20 ' of pavement . on the east side of Camino ;Pablo, measured
from the existing centerline to the proposed face of curb along
the subdivision frontage.. The Town would-- rather utilize the 1
-exi"sting " 8' 'wide trail and allow for a varying pavement
half-width from 16 ' to 20 ' along Camino Pablo. Under this
proposal, Camino Pablo will maintain a minimum of 29.5 ' overall t
r' in considerinq the west portion the existin roadway.
It is my, understanding that the proposed roadway. along the
southern property line is conditioned for various widths. The
roadway from Camino. Pablo to the subdivision entrance is to be
24 ' wide (centerline to face of curb) and 18 ' wide from the
i
1 l+ �`l I S Go yi'>'�v G�it P '�✓3�C 74 �� G A,
Mr. Rich Lierly
Re: Sub7174
Page 2 of 2
i
entrance to the southeast corner. The Town is in agreement
that the street width not vary through this area, as it is the
intention to utilize the roadway as a possible future public
roadway. It has already been established that the County will
maintain this roa way on behalf of'�e.�Town (see attached
"letters . from Bellecci & Assocates;'dated June 2 ,and 20, 1994,
and the Town's response of June -30, 1994) . It is our
understanding that the minimum roadway width required by the
County for roadway acceptance is 281 . The proposed 28 '
roadway along the entire length of the southern subdivision
boundary with 24 ' of pavement being located north of the
centerline and 4 ' of pavement along with 21 rock shoulder south
of the centerline is acceptable to the Town. ok,
The Town has no objection to the storm water runoff from the
proposed 28 ' roadway being collected with an interceptor ditch
and conveyed within the proposed drainage system. The proposed
drainage facilities will collect and convey storm water runoff
originating on-site and will be discharged into the natural
watercourse south of the bridge crossing.
The above statement is a reiteration of my letter to Michael
Spencer of Bellecci & Associates, dated June 30, 1994 . Also,
please refer to attached letters , for additional comments
pertaining to sewer connection, park dedication and
landscaping. I hope the above information will clarify the
Town of Moraga 's position and assist you in reviewing the
improvement plans for the subject subdivision. If you .have any
questions or need additional information, please .contact me at
376-5200 .
in rely,
Tashiro
Pl nning Director
Attachments
cc: Dan Bernie, Superintendent of Parks/Public Works
Carlo Zoochi, Allied Investments
Joseph DiMaggio, CCCPWD
Michael Spencer, Bellecci & Associates
{r
................ ...................................................:....`..........
10/13/94 14:48 FAX 1 510 376 2034 TOWN OF MORAGA �J002/002
TOWN OF MORAGA 71?
P.O. BOX 188
MORAGA, CA 94556
PERMIT TO DO WORK IN ACCORDANCE WITH TITLE 10 OF THE ORDINANCE CODE OF CONTRA
COSTA COUNTY, COUNTY ORDINANCE SPECIFICATIONS, AND ANY SPECIAL REQUIREMENTS
SHOWN OR LISTED HEREIN, AS ADOPTED BY THE TOWN OF MORAGA.
_. ... Road NUMber3-2 9" Ps tit Number
r2vicelptNo.
` F, 50,00 .
• I a�� D�r�,� �9v��arc
Ilona
PLEASE READ THIS PERMIT CAREFULLY. KEEP IT AT THE WORK SITE. TO ARRANGE FOR INSPECTION
PHONE 376.5300, AT LEAST 48 HOURS BEFORE YOU START WORK.
• . . _.. ... ...r. .-., ... INGRK I$TO BE C01111PLETEp 91l � •OCt4��I`"'1.�-;-`'���J°-x._-..sem .T• .. ,,:. ._r .. ..
(If the work Is not completed by Itis date You must get a new permit unless an extension has been prevtou*authorized)
-CURB, GUTTER,--SIDEWALK & GRADING WORK. ON. CAMINO PABLO .
..PLANS. AND SPECS BY BELLECI & ASSOCIATES
1..0111 ,i to IM ibWAVins 5�cr Miq
G ,
c�rr� t'i ;]-X A"V_ 4v* �s c( p .e
-• P rp �
7.
�[)1�I i Y"(/� �5��. WJU�! �V��1 G W C:t•�S
r _
NOTE: THIS PERMIT ISSUED SUBJECT TO THE CONDMON THAT ANY.DISTURBANCE OR MODIFICATION OF THE
TERRAIN DETRIMENTAL TO THE RIGHT-OF-WAY, MAY RESULT IN A REQUIREMENT TO RESEW OR OTHERWISE
ESTABLISH PROPER SOIL STABILIZATION IMPROVEMENTS,
SEE REVERSE SIDE OF PERMIT FOR REQUIREMENTS
Permit Review work Completed
"The permittee aWaas to save,Indemnify and told harmless the Town of Moroga or Its representatives from an®abates Inposed by low by
reason of Injuryto or death of any person or persons or damage to property whloh may arise cut of the work covered by this permit and does agree
to defend the Town In any claim or action asserting such(lability"
Accepting this permit or startino any work hereunder,shot)constituia acceptance and aoreement to all of the conditions and requirements or this
permit and the ordinance and specifications outharWna Issuance of such permit.
Signature(Permittees: TOWN OF MORAGA
D.P. Number
Refund or Charge 6y:
Auditor-Controller: Please close record. Date: �-- �
Date:
MOORS BUSINESS FORMS INC. -
:'
BELLEcc,&AssociATEs,iNc-
2290
Diamond Blvd.,Suite 100,Concord,California 94520
(5 10)685-4569•Fax(510)685-4838
Contra Costa County
Community Development Department
4th Floor,North Wing
County Administration Bldg.
Martinez, Ca 94553
November 28, 1995
Attn: Harvey E.Bragdon,Director
RE: Subdivision 7174
Park Dedication Fee Requirement
Dear Harvey:
Our client, Allied Investments is asking for credit on the Park Dedication Fee requirement for the
above referenced subdivision. This request is based on the Condition of Approval item,#8E,
"The extent of trail improvements shall be subject to final review and approval of the Zoning
Administrator or interim trail improvements shall be credited against the park dedication fees paid
by the developer."
Submitted are the costs incurred to construct the trail.
Total Park Dedication Fee Required '15 x$2000 per unit $ 30,000.00
Cost of Trail Improvements $ 25,995,00 .
Amount Due $ 4,045.00
Amount Due per Permit $41,045.00/15=$269.67
Thank you for your consideration on this matter.
Very truly your
Lawrence . Gossett,P.E.
enclosure
cc: Carlo Zocchi, Allied Investments
92053pu bev ;f r
rev
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
BELLEcci&Assocum,INC.
2290 Diamond Blvd.,Suite 100,Concord,California 94520
(510)685-4569•Fax(510)685-4838
COST TO CONSTRUCT TRAIL H PROVEMENTS
Remove Existing Concrete
4365 SF L/S $ 5,200.00
Replace with Sidewalk
8 Ft Sidewalk 4365 SF @$3.00 13,095.00
Grading
250 CY L/S 1,500,00
Stripe Cross Walks
2 EA @$300.00 600.00
Retaining Wall to Protect Existing B-58 Ditch
120 L.F. @ $3.00 360.00
Remove Asphalt Trail at Park
L/S 800.00
Place Asphalt Trail at Park
L/S 1,700.00
Grade,Import Fill and Compact
LIS 1,500.00
Relocate Park Irrigation Vacuum Breaker
us 1,200.00
TOTAL $25,995.00
92053 R
11/29/95
{r
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
Growth Management and Contra
Economic Development Agency Costa
va!entin Alexeeff, Director County
July 28, 1997
JUL 3 01987 -
Carlo Zocchi
Allied Investments
1033 Detroit Avenue
Concord CA 94518
Dear Mr. Zocchi:
I am writing in reference to staff approval of a partial credit from Park Dedication
requirements for subdivision 7174 in the Moraga Area. I reviewed this matter with
Community Development and Public Works Department staff and.conclude that the
credit was in error based upon representations made by your civil engineer regarding
completion of a public trail.
A review of the record indicates that on November 28, 1995, Mr..Larry Gossett of
Bellecci & Associates submitted a request on behalf of Allied Investments to the
Community Development Department seeking credit for $25,995 from the total
obligation of$30,000. The cost breakdown attached to that letter included costs to
remove existing concrete and replace with sidewalk, grading and striping crosswalks,
and installation of a retaining wall to protect an existing B-58 ditch. I verified with
Public Works that the sidewalk improvements were required as part of condition of
approval ##28(A)(1). A copy of that condition is enclosed for your reference.
I am able to verify that the trail upon which the credit was claimed was not built. What
was built was replacement sidewalk that was a Public Works condition of approval.
In other words, you claimed park credit for replacing a sidewalk that you tore up in
order to construct a sidewalk as required by condition of approval#28(A)(1).
Please also note that in response to a communication from Mike Spencer of Bellecci
& Associates to the Town of Moraga, Planning Director Jay Tashiro specifically
indicated concurrence with Mr. Spencer's representation, provided, in part, that "The
EXHIBIT A
651 Pine Street, No. Wing, Second Floor, Martinez, California 94553-1213
Telephone: (510) 646-1620 • FAX: (510) 646-1599
required park dedication fees will not be utilized for any of the improvements
identified in your letter." Mr. Tashiro's letter was dated June 30, 1994, approximately
sixteen months prior to Mr. Gossett's request for credit. A copy of that correspondence
is also enclosed for your reference.
Staff erred in granting credit for work which was otherwise required by condition 28,
and such credit is therefore disallowed The total amount of disallowed park dedication
fee credit is $20,695, based upon the cost breakdown provided by Mr. Gossett. Since
you have already paid $4,005 under P.D. No. 85-95, and the partial credit remaining
on the cost estimate is $5,200, the total amount paid and credited is $9,205. The
remaining $20,695 is due and payable prior to the final inspection on the building
permits in Tract 7174. We will start collecting this amount at your next final approval.
Please note that under Chapter 14-4 of the County Code, this decision may be appealed
to the County Board of Supervisors by filing a verified notice of appeal with the Clerk
of the Board of Supervisors, with an appeal fee of $125, within thirty days of the
decision (pamphlet enclosed).
If you have any questions, please call Dennis Barry at 335_-1276 or Bob Drake at
335-1214.
Sincerely,
V �
Val Alexeeff, Director
VA:dg
zocchi.t;
enclosures
c: J.Adams-Turner,Huguet&Adams
F.Bellecci-Bellecci&Associates,Inc.
J.Tashiro-Town of Moraga
D.Barry-Community Development
B.Drake-Community Development
S.Pouliot-Building Inspection
D.Silver-County Counsel
1p-
2 V
X,111;`197 10:55 FAX 1 510 376 2034 TORN OF MOR4GA 001/002
TO: Val Alexeeff, Director
Growth Management and EconoMi.o Development
From: Ross G. Hubbard, Town Manager
Date: 09/15/97
Re- Allied Investments, Administrative Appeal-
Conditions of Approval for subdivision 7 .74 have not been met. It
must be made extremely clear that the replacement of an existing
sidewalk along Camino Pablo cannot be counted for any other
condition of approval.
Factually, the condition to install a trail along the west side
of Camino Pablo has not been met. No trail segment has been
constructed. Tnstead, the dev'eloper's representatives petitioned
the Town to allow a trail segment to be on the sidewalk which was
in existence prior to development approval. in a letter dated
June 30, 1994, Town of Moraga Planning Director Jay Tashiro
agreed to allow a modification to the original plan to construct
a trail on the west side of Camino Pablo.
This modification was agreed to by the Town in-order to eliminate p
the need for significant slope cuts or the requirement for
retaining walls which were needed to build the trail segment in
question. Instead the representatives of Allied agreed to re-
install a sidewalk on the east side of Camino Pablo, which was a
County Public works Department requirement for subdivision
improvements. Wo agreement to use paras dedication credit was ever
approved by the Town.
In fact, Mr, Tashiro's letter to Mike Spencer, of $ellecci &
Associates, provided, in part, that "The required park dedication
fees will not be utilized for any of the improvements identified
in this letter~ .
Therefore, the situation now stands that Allied constructed the
replacement sidewalk but riot the trail and now wishes to use the
replacement sidewalk for credit for work required under other
subdivision conditions.
After the determination was made that Allied failed to complete
the condition to construct the trail, Allied now comes before the
County attempting to claim other work as credit against fees due
for park dedication, incl-xding a forced main reportedly connected
to Rancho Laguna Park restrooms_ However, Allied failed to
mention that due to the proximity of the immediately adjacent
subdivision 7174 to the Park, Allied volunteered to build, and
connect the forced main and a pump for the restrooms, outside of
9/15197 10:55 FAX 1 510 376 2034 TORN OF MORAGA IN02f002
any c;Aim for park dedication fees. Although Allied installed the
main u7hen completing the underground work for the subdivision,
the developer abandoned the work. The Town was required to
complete the work at a cost of $12,599.57 from the 'Town's General
Fund.
As earlier stated, the County staff allowed a credit for work not
completed. The error was admitted during our earlier meetings, We
have agreed that some work done at the entrance to Rancho Laguna
Park, including landscaping and a. path into the park which
required changes after the subdivision improvements were
installed, should receive some credit in an amount not to exceed
$5,200.
Although Allied has paid $4,005 to date, the developer must be
required to pay the additional park dedication fees of $20,695,
which would be used to mitigate the impacts of this adjacent
subdivision of large houses on the rural Rancho Laguna Park.
AS you may recall, this subdivision was approved on appeal to the
former Board of Supervisors, after the County Planning Commission
denied approval on two occasions. On both occasions, the Town
provided testimony and correspondence requesting that Allied's
land be annexed to the Town prior to subdivision so that the
subdivision could receive a thorough review by T6m officials and
neighbors. It is clear that Allied is attempting to continue a
pattern of ignoring the wishes of the Town of Moraga which
started prior to approval of the subdivision.
_ ..........
• 3
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Allied Investments APPLICATION NO. 2961-RZ
1033 Detroit Avenue TR 7174
Concord, CA 94518
ASSESSOR'S PARCEL NO. 258-500-004
ZONING DISTRICT: R-15
OWNER: Geraldine & Michael Mazaika VESTING DATE: 19 December 1991
1205 Camino Pablo
Moraga, CA 94556 APPROVAL DATE: December 7, 1993
EFFECTIVE DATE: December 14, 1993
This is to notify you that the Board of Supervisors has granted your request for a rezoning and major subdivision,
subject to the attached conditions.
HARVEY E. BRAGDON, Director
-. Community Development Department
By: y
Mary Fleminb, Assistant Dir for - Current Planning
PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification
will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved
Conditions of Approval. Unless otherwise provided, you have 36 months from the approval date to file the
FINAL MAP.
CONDITIONS OF APPROVAL FOR SUBDIVISION 7174 (Allied Investments -
Applica#it; Belmont Development Co. - Owner) AS PER THE DECEMBER
7th, 1993 APPROVAL OF THE BOARD OF SUPERVISORS
1. The request to subdivide the 7. 12 acre parcel is approved
for a maximum of 15 lots as generally shown on the Revised
Vesting Tentative Map dated received by the Community
Development Department on October 18, 1993. The approved
site plan provides for the following:
A. Compliance with the minimum lot dimension requirements
of the R-15 ordinance.
B. Provision of a hammerhead turnaround (in lieu of a
circular turnaround) at the end of the proposed project
road.
C. Reduction in the amount of grading and use of retaining
walls from earlier site plans proposed by the
applicant.
Unless otherwise noted, the following conditions shall be
complied.with before filing the Final Map. This approval is
dependent upon a rezoning of the subject parcel to the R-15
zoning district.
2. At least 60 days prior to filing the Final Map, the
applicant shall submit a revised vesting tentative map which
reflects the a= maximum 15 unit subdivision, which addresses
all of the conditions of approval. At least 30 days prior
to issuance of a grading permit or filing a final map,
submit a revised site. plan and supporting documentation in
__ compliance with the conditions of approval, inclusive of C/A
# 3 - 5, and 7 - 21. (Alternate Mitigation for Impact A. 1)
3 . ' Cut slopes on the site shall not exceed 2.5: 1 or as
otherwise recommended by a geotechnical engineer and
reviewed and approved by the Zoning Administrator.
(Alternate Mitigation for Impact A-1 and Impact C.4)
4 . A. All toilets shall be low-flow toilets in accordance
with Section 17921. 3 of the Health and Safety Code.
B. Water-conserving sink, shower, and lavatory faucets, in
accordance with the California Energy Commission
standards for new residential buildings, shall be
installed in, all residences (Mitigation for Impact
B. 4) .
5. At least 60 days prior to filing the Final Map, the
applicant shall either vote the property into a police
service district or present the County with a contract
f�7Lr�7(1P� ` c1
between the County, the Town of Moraga, and the applicant,
w4Ach states that Moraga will provide police services to the
project.
If the police services district option is chosen, the owner
of the property shall participate in the provision of
funding to maintain and augment police services by voting to
approve a special tax for the parcels created by this
subdivision approval. The tax shall be the per parcel
annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of
Supervisors. The election to provide for the tax shall be
completed prior to the filing of the Final Map. The
property owner shall be responsible for paying the cost of
holding the election, payable at the time that the election
is requested by the owner (Mitigation for Impact B. 5) .
6. The residential units shall be constructed with the fire
protection measures recommended by the fire district and all
residences shall have building sprinkler systems (Mitigation
for Impact B-6) .
7 . Park dedication fees for this project shall be paid to the
County Trust Fund and specifically marked for the Town of
Moraga Parks and Recreation Department (Mitigation for
Impact B.7) .
8 . A. At least 60 days prior to recording the Final Map, the
applicant shall submit documentation to the Zoning ,
Administrator for review and approval, which ensures
that trail-related issues along Camino Pablo frontage
right-of-way. have been resolved. Prior to submittal
to the Zoning Administrator, the East Bay Regional Park
District (EBRPD) shall be provided an opportunity to
comment bn the proposed plans(Mitigation for Impact
B. 8) .
B. Graded slopes for Lots 1 through 5 shall have a 3 : 1
gradient. Topsoil shall be placed on the graded slopes
and they shall be planted with drought tolerant
species, as specified on Page 77, Item 2 of the EIR.
C. A crosswalk and stop sign control shall be installed at
the Camino Pablo/Carr Ranch Road intersection and the
trail.
D. The developer shall diligently attempt to reach an
agreement with EBRPD for continued public trail use
during the construction period. The intent of this
mitigation is to avoid trail closure for more than a
few days, and to trigger construction of an interim
trail, if needed.
-2-
�" bLEI;U it
E. The developer shall diligently work with EBRPD, Town of
Moraga, and Contra Costa County to investigate the
-- feasibility of constructing a trail segment on the west
side of Camino Pablo. For the safety of the trail
users, this segment is needed in order to relocate the
existing mid-block crossing southerly to the
intersection of Carr Ranch Road. This segment, which
is not a frontage improvement, is needed to complete
the trail. The extent of trail improvements shall be
subject to final review and approval of the Zoning
Administrator. The cost of any off-site trail construc-
tion or interim trail improvements shall be credited
against the park dedication fees paid by the developer
(Alternate Mitigation for Impact B.8) .
9. Erosion control and drainage plans submitted to the County
shall be accompanied by a stamp or letter from the Contra
Costa Mosquito Abatement District, indicating that the plans
are acceptable to CCMAD (Mitigation . for Impact B.9) .
10. At least 60 days prior to recording a ,Final Map, the
applicant shall submit a preliminary geology, soil, and
foundation report meeting the requirements of Subdivision
Ordinance Section 94-4 .420 for review and approval of the
Zoning Administrator. Improvement, grading, and building
plans shall carry out the recommendations of the approved
report.
This report shall propose measures to minimize the risks of
earthquake damage(Mitigation for Impact C. 1) .
11 , The applicant shall prepare a drainage plan that includes
the following elements:
A. Convey roof gutter water in a closed conduit to storm � ^
drains in the proposed project streets.
B. If recommended by the project geotechnical engineer,
construct a concrete lined brow ditch at the top of the
proposed fill slope that overlooks Camino Pablo.
C. Construct concrete lined brow ditches at the top of
slope along the north perimeter of the project.
D. Collect run-off carried by gutters on the Camino Pablo
frontage of the site and convey it to the out-fall
point for project run-off (Alternate Mitigation for
Impact C. 3) .
12 . Ensure that adequate measures to stabilize slopes,
including rounding the top 5 feet of cut slopes to a 3 : 1
gradient, as recommended by the project geotechnical
-3-
engineer, are implemented as a part of the project grading
p_ian (Alternate Mitigation for Impact C.4) .
13 . At least 60 days prior to issuance of a grading permit or.
filing a Final Map, the applicant shall submit a retaining
wall program for review and approval of the Zoning
Administrator. The program shall provide for the following: '
A. Design and construction of retaining walls in such a
manner that long.-term stability is not compromised.
B. Permanent (non-wood) construction is required for walls
more than three feet high.
C. The design of the wall shall be aesthetically pleasing.
and: if walls pose aesthetic concerns,, it may be
feasible. to. stack them (i.e. , provide two or more
parallel: walls) , with the areas between heavily
landscaped (Mitigation for Impact C. 5) .
D. A landscape plan covering the retaining walls shall be
submitted for the review and approval of the Zoning
Administrator. Prior to submittal, the Town of Moraga
shall- be provided an opportunity to review and comment
on the proposed plan. (Mitigation for Impact D.4. ) .
14 . Residential foundations shall be drilled pier foundations
that extend through the zone of shrinking and swelling, or
as otherwise recommended by a geotechnical engineer. � �
15.x., Fills shall be designed and constructed to minimize the
potential for differential settlement. Design might include
over-excavation (so as to provide consistent fill depths
beneath graded pads) , greater compaction at-depth, or
special foundation design as may be recommended by the
project geotechnical engineer (Alternate Mitigation for
Impact C.7) .
16. In order to ensure proper implementation of the grading
code, all grading procedures shall be reviewed by both a
project geologist and reviewed and approved by the County
Grading Section of the Building Inspection Department
(Mitigation for Impact C.8) .
17 . All slopes, drainage terraces and subdrains shall be
maintained by the property owners. A plan for maintenance
shall be submitted to the Zoning Administrator for review
and approval. The maintenance plan shall either be part of
the codes, covenants and restrictions for the subdivision or
if there is no homeowners association, the obligation ,to
maintain drainage facilities shall be called to the
-4-
attention of home buyers through an advisory comment on the
de-4d (Mitigation for Impact C.9) .
18 . The construction stage erosion control plan shall provide
for the following:
A. All grading, excavation and filling shall be conducted
during the dry season (March 15th through October 15th)
only, and all areas of exposed soils shall be replanted
to minimize erosion and subsequent sedimentation.
After October 15th, only erosion control work shall be
allowed by the grading permit.
B. A revegetation. plan prepared by an experienced plant
ecologist or by a certified landscape architect shall
be submitted as part of the erosion control plan.
Minimally, the plan shall provide for revegetation of
2: 1 cut slopes greater than 18 feet in height. The
plan shall emphasize use of drought tolerant native
species and plants that are adaptive to conditions in
this portion of Moraga. Ideally, the plan should
include a mix of grasses, shrubs and trees. The plan
shall provide for revegetation of all rearyard cut
slopes. Hydroseeding and hydromulching would not be
adequate for this purpose unless recommended by a
landscape architect or. qualified plant ecologist as an
interim measure.
If necessary for survival of young plants, the plan may
call for the use of a temporary drip irrigation system
(to be abandoned after 2-3 summer seasons) . The
- - developer shall bond with the Community Development. or
Building Inspection Departments the landscape
improvements for a period of not less than two years.
Alternatively , the Zoning Administrator may approve a
bonding program ensuring the survivability of plants by
--. the home builder or owner.
C. Hydroseeding and hydromulching are not considered
adequate on 2 : 1 slopes that are more than 18 feet in
height.
D. The erosion control plan shall show the location of
proposed temporary detention basins, silt fences and
straw bales, along with revegetation of all graded
areas. It shall also contain provisions for:
1) Performing maintenance during the winter rainy
season, -as necessary.
2) Regular inspections by the project engineer during
the winter rainy seasons.
-5-
r` 3) Spot inspections during/immediately following
severe storms. (Mitigation for Impact C. 10. )
19. At least 30 days prior to obtaining building permits, the
applicant shall submit a conceptual street lighting,
fencing, and landscaping plan to facilitate further
evaluation of light and glare. These submittals shall
include the following elements:
A. Street lighting consistent with the Town of Moraga
requirements .
Bz. Fencing design at the rear of building pads.
C. Profiles extending from the west edge of Camino Pablo
to any proposed two-story residences on: Lots 1 through
7 and Lot 14 (to evaluate possibility of second story
windows being a source of light and glare) .
D. Landscape plan for slopes along the west and south
edges-. of the property
20. The applicant shall refer road and trail improvement plans
for Camino Pablo which shall include the street crossing
changes noted in Condition #8. E, and the road along the
southern property line to EBRPD and the Town of Moraga for
their review and comment, prior to approval by the Zoning
Administrator (Mitigation for Impact E. 3) . The improvement
plans shall provide for reconstruction within the Camino
Pablo right-of-way of the Old Moraga Ranch Trail to
standards established by the East Bay Regional Park
-District.
21. Grassland cover shall be re-established following grading
and prior to unit construction. Grading shall be limited to
the boundaries of the site, unless the developer has the
approval of the affected property owner. To the extent
possible, landscaping shall emphasize the use of drought
tolerant, native plant species. Native plant species
commonly used for landscaping which would be suitable for
use on the site include coast live oak, valley oak,
California buckeye and toyon. . The applicant shall block
access to undeveloped areas north of the site during
construction, in order to discourage vehicles and
motorcycles from driving off-road on the site (Mitigation
for Impact F. 1) .
2.2 . Should archaeological materials be uncovered during grading,
trenching or other on-site excavation (s) , earthwork within
-6-
30,,yards of these materials shall be stopped until a
p 'ifessional 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.
23 . Comply with the following construction, (noise, dust and
litter control requirements:
A. Noise generating construction activities, including
such things as power generators, shall be limited to
the hours of 7: 30 A.M. to 5:00 P.M. , Monday through
Friday, and shall be prohibited on State .and Federal
holidays. The restrictions on allowed working days may
be modified on prior written approval by the Zoning
Administrator.
B. The project sponsor shall require their contractors and
subcontractors to fit all internal combustion engines
with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as
air compressors and concrete pumpers as far away from
existing residences as possible.
C. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of
property within 300 feet of the exterior boundary of
the project site notice that construction work will
commence. The notice shall include a list of contact
persons with name, title, phone number and area of
responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept
current at all times and shall consist of persons with
authority to indicate and implement corrective action
in their area of responsibility. The names of the
individual responsible for noise and litter control
shall be expressly identified in the notice. The
notice shall be reissued with each phase of major
grading activity.
A copy of the notice shall be concurrently transmitted
to the Community Development Department. The notice
shall be accompanied by a list of the names and
addresses of the property owners noticed, and a map
identifying the area noticed.
D. ' A dust and litter control program shall be submitted
for the review and approval of the Zoning
Administrator. Any violation of the approved program
or applicable ordinances shall require an immediate
work stoppage. Construction work shall not be allowed
-7-
----------_____
Ll�\Lui ,� tl
to resume until, if necessary, an appropriate
construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows.
Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to
provide access to each lot. This shall include
provision for an on-site area in which to park earth
moving equipment.
24 . Pursuant to Government Code Section 66474.9., the applicant
(including the subdivider or any agent thereof) shall
defend, indemnify, and hold harmless the. Contra. Costa County
Community Development Department and its agentsofficers,
and employees from .any claim, action,, or. proceeding against
the Agency (the County) or its agents, officers `,or
employees to attack, set aside, void, or annul, the Agency's
approval concerning this subdivision map application, which
action is brought within the time period provided for in
Section 66499. 37. The County will promptly notify the
subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
25. In accordance with the child care ordinance, the applicant
shall pay a child care fee of $400 per lot, prior to the
issuance of certificates of final occupancy for the
residences.
26. The following statement shall be recorded at the County
-- Recorder's office for each parcel to notify future owners of
-the parcels that they own property in an agricultural area:
"This document shall serve as notification
that you -have purchased land in an
agricultural area where you may regularly
find farm equipment using local roads; farm
equipment causing dust; crop dusting and
spraying occurring regularly; burning
associated with agricultural activities;
noise associated with farm equipment and
aerial crop dusting and certain animals and
flies may exist on surrounding properties.
This statement is, again, notification that
this is part of the agricultural way of life
in the open space areas of Contra Costa
County and you should be fully aware of this
- at the time of purchase. "
(Mitigation for Impact to be added to page 32 of the DEIR,
according to the response document. ) (Mitigation for Impact
A. 5. )
-8-
27. Prior to filing the Final Map, plans shall be submitted for
re-fiew by the Community Development Department, Graphics
Section, to ,obtain addresses and for street name approval
(public and private) , subject to final review and approval
by the Zoning Administrator. Alternate street names should
be submitted in the event -of duplication and to avoid
similarity with existing street names. The approved street
names shall be shown with filing of the Final Map.
Alternative names for the existing unnamed access road to
the project shall be proposed. None of the alternative
names shall include the name "Carr. " At time of submittal
to the County,-- the applicant shall provide evidence that
alternative .street names for this unnamed road have been
submitted to the owners of property with access rights for
their input. The applicant shall diligently try to have the
owners agree to an appropriate street name. Also, the
applicant shall diligently attempt to work with the U. S.
Postal Service and emergency service agencies to assure that
the existing mailing addresses of the owners is not
disturbed by the assignment of a street .name.
28. The following requirements pertaining to drainage, road, and
utility improvements will require the review and approval of
the .Public Works Department:
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.
Conformance with the Ordinance includes the following
requirements:
1) Constructing road improvements along the frontage
of Camino Pablo, subject to the review of the Town
of Moraga and the review and approval of the
Public Works . Department.
f
Constructing curb, four-foot six-inch sidewalk
(width measured from curb face) , necessary
longitudinal and transverse drainage, and
necessary pavement widening along the frontage
will satisfy this requirement. The face of curb
shall be 20 feet from the ultimate centerline of
the road.
2) Constructing a paved turnaround at the end of the
proposed internal subdivision road.
-9-
�IJ•V.I U:;:J:1 ti i � .
- 3) Undergrounding of all utility distribution
^fir facilities, including the existing distribution
facilities along the Camino Pablo frontage.
4) Conveying all storm waters entering or originating
within the subject property, without diversion and
within an adequate storm drainage facility, to a
natural watercourse having definable bed and banks
or to an existing adequate public storm drainage
facility which conveys the storm waters to a
natural watercourse.
5) Designing and constructing storm drainage
facilities required by the Ordinance in compliance
with specifications outlined in Division 914 of
the Ordinance and in compliance with design
standards of the Public Works Department. The
Ordinance prohibits the discharging .of
concentrated storm waters into roadside ditches.
6) Installing, within a dedicated drainage easement,
any portion of the drainage system which conveys
run-off from public streets.
7) --- Submitting improvement plans prepared by a
registered civil engineer, 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 Public
Works Department, Road Engineering Division, and
the Town of Moraga. The Town of Moraga shall be
provided 30 days to comment on the proposed
improvement plans.
- 8) Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
B. Convey to the Town of Moraga, by Offer of Dedication,
additional right of way on Camino Pablo as required for
the planned future width of 84 feet.
C. Construct an 18 foot half-width roadway on-site along
the southerly boundary of the property as shown on the
tentative map, and convey to the Town of Moraga, by
Offer of Dedication, the corresponding right of way.
That portion of the roadway which lies between Camino
Pablo and the project access -shall be 24 feet wide.
The southerly edge of pavement shall be constructed
with a two-foot rock shoulder to allow for possible
future widening, and the northerly edge of pavement
-10-
1
rfz\r
shall be curbed. The southerly edge of pavement shall
be considered the future centerline of the road and
shall coincide with the southerly boundary of the
subject property, or as directed by the Town.
D. Relinquish abutter's rights of access along Camino
Pablo, including the curb return.
E. Construct a 32-foot paved internal subdivision roadway
to County private road standards, within a 40-foot
right-of-way, to serve all parcels in this proposed
subdivision.
F. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across
the sidewalk and driveways.
G. 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 of
permanent, drainage improvements.
H. The Lamorinda traffic study is currently being
conducted to recommend areawide traffic mitigation and
to establish a program for funding these improvements.
The applicant shall be required to pay the resultant
fees if an ordinance to enact the program is adopted
prior to filing of the Final Map.
' 1
ADVISORY NOTES
A. Comply with the requirements of the Moraga School District fees at time of
issuance of building. permits.
B. The applicant is advised that the tax for the police services district is currently set
by the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI) adjustments). The annual fee is subject to modification
by the Board of Supervisors in the future. The current fee for holding the election
is $800 and is also subject to modification in the future. The applicable tax and fee
amounts will be those established by the Board at the time of voting.
C. Comply with the requirements of the Moraga Fire Protection District (Mitigation for
Impact B.6).
D. The applicant shall comply with the Park Dedication Fee Ordinance, which requires
that the applicant pay a fee of $2,000 per lot at the time a building permit is
obtained (Mitigation for Impact B.7).
E. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Lamorinda County Area of Benefit as
adopted by the Board of Supervisors.
F. The applicant shall be required to comply with all rules, regulations, and procedures
of the National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Walter Quality Control Boards (San
Francisco Bay-Regional II or Central Valley-Region V).
G. The applicant has volunteered a $3000 contribution to the Homeless Program Trust
Fund.
CW/aa
RZXIX/7174C.CW
11/25/92
1/5/93
3131193
4/27/93
12/2/93
12/7/93 - BS (RHD)
12/23/93
-12- �)
NOTICE OF APPEAL - RECEIVED
August 27, 1997 AN270T
Board of Supervisors c/o
Clerk of the Board of Supervisors CLERK BOARDOFSTACO.SORS
CONTRA COSTA CO.
Contra Costa County
651 Pine Street, Room 108A
Martinez, CA 94553
Ladies and Gentlemen:
Please take notice that Allied Investments (herein Allied)
appeals from the decision of the Director of the Growth
Management and Economic Development Agency' s decision set forth
in his letter of July 28, 1997, a copy of which is attached
hereto as Exhibit "A" .
THE FACTUAL BASIS for this appeal is that during the
process of the development of subdivision 7174 Allied
constructed sidewalk improvements in excess of the scope of the
conditions of approval for the subdivision. Specifically, the
conditions of the approval Section 28 .A. 1) ; provided for
construction of a 4 ' 6" sidewalk along the frontage of Camino
Pablo adjacent to the subdivision. In fact Allied, was
requested to construct a sidewalk at a width of 8 ' . In
addition, Allied constructed an asphalt trail at Rancho Laguna
Park, as well as certain other Park improvements which were not
addressed by the conditions of approval . These improvements
include but are not limited to the installation of a force main
at a cost of construction of $15, 000 . 00, installation of the
aforementioned asphalt trail in the amount of $4 , 000 . 00 and
relocation of Park irrigation vacumn breaker in the amount of
$1, 200 . 00 . Allied, as the developer of the aforementioned
subdivision incurred these expenses and claims an entitlement
to a credit against the $30, 000 . 00 Park dedication fees
pursuant to Section 920-8 . 002 which provides for a mandatory
public improvement credit as follows :
"If the subdivider provides park and recreational
improvements to land dedicated for public park purposes, the
value of the improvements together with any equipment located
thereon shall be a credit, as determined by the planning
agency, against the payment of fees or dedication of land
required by the division. "
Allied will suffer economic injury if s credit is not
allowed.
r'
Dated: August 27, 1997
Carl Zocch- Partner
Allied Investments
VERIFICATION
I Carl Zocchi , a partner in Allied Investments have read
the foregoing Notice of Appeal and declare under penalty of
perjury under the laws of the State of California that the
facts setforth therein are true and correct and that this
declaration was executed on August 27, 119,97, t Martinez,
California.
Carl Zoccq , Partner
Allied I°nvestments
1051D43-44
Printed on Recycled Paper
20%Post Consumer Waste
EXHIBIT A
Growth Management and Contra
Economic Development Agency
Costa
Va'entin Alexeeff, Director County
s
July 28, 1997 n;J
JUL 3 01987
sracoun`�•t �
Carlo Zocchi
Allied Investments
1033 Detroit Avenue
Concord CA 94518
Dear Mr. Zocchi:
I am writing in reference to staff approval of a partial credit from Park Dedication
requirements for subdivision 7174 in the Moraga Area. I reviewed this matter with
Community Development and Public Works Department staff and conclude that the
credit was in error based upon representations made by your civil engineer regarding
completion of a public trail.
A review of the record indicates that on November 28, 1995, Mr. Larry Gossett of
Bellecci & Associates submitted a request on behalf of Allied Investments to the
Community Development Department seeking credit for $25,995 from the total
obligation of $30,000. The cost breakdown attached to that letter included costs to
remove existing concrete and replace with sidewalk, grading and striping crosswalks,
and installation of a retaining wall to protect an existing B-58 ditch. I verified with
Public Works that the sidewalk improvements were required as part of condition of
approval #28(A)(1). A copy of that condition is enclosed for your reference.
I am able to verify that the trail upon which the credit was claimed was not built. What
was built was replacement sidewalk that was a Public Works condition of approval.
In other words, you claimed park credit for replacing a sidewalk that you tore up in
order to construct a sidewalk as required by condition of approval#28(A)(1).
Please also note that in response to a communication from Mike Spencer of Bellecci
& Associates to the Town of Moraga, Planning Director Jay Tashiro specifically
indicated concurrence with Mr. Spencer's representation, provided, in part, that "The
EXH1331T
651 Pine Street, No.Wing, Second Floor, Martinez, California 94553-1213
Telephone: (510) 646-1620 • FAX: (510) 646-1599
required park dedication fees will not be utilized for any of the improvements
identified in your letter." Mr. Tashiro's letter was dated June 30, 1994, approximately
sixteen months prior to Mr. Gossett's request for credit. A copy of that correspondence
is also enclosed for your reference.
,fit•'
Staff erred in granting credit for work which w&s otherwise required by condition 28,
and such credit is therefore disallowed. The total amount of disallowed park dedication
fee credit is $20,695, based upon the cost breakdown provided by Mr. Gossett. Since
you have already paid $4,005 under P.D. No. 85-95, and the partial credit remaining
on the cost estimate is $5,200, the total amount paid and credited is $9,205. The
remaining $20,695 is due and payable prior to the final inspection on the building
permits m Tract 7174. We will start collecting this amount at your next final approval.
Please note that under Chapter 14-4 of the County Code, this decision may be appealed
to the County Board of Supervisors by Ealing a verified notice of appeal with the Clerk
of the Board of Supervisors, with an appeal fee of $125, within thirty days of the
decision (pamphlet enclosed).
If you have any questions, please call Dennis Barry at 335-1276 or Bob Drake at
335-1214.
Sincerely,
Vd,,.,
Val AJexeeff, Director
VA:dg
zoechi.t7
enclosures
c: J.Adams-Turner,Huguet&Adams
F.Bellecci-Bellecci&Associates,Inc.
J.Tashiro-Town of Moraga
D.Barry-Community Development
B.Drake-Community Development
S.Pouliot-Building Inspection
D.Silver-County Counsel
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CONDITIONS OF APPROVAL FOR SUBDIVISION 7174 (Allied Investments
Applicants Belmont Develop_Ment_ Co. - Owner) AS PER THE DECEMBER
7th, 1993 APPROVAL OF THE BOARD OP SUPERVISORS
1. The request to subdivide the 7.12 acre parcel is approved
for a maximum of 15 lots as generally shown on the Revised
Vesting Tent$tive Map dated received by the Community
Development Department on October 18, 1993. The approved
site plan provides for the following:
A. Compliance with the m;ni;aum lot dimension requirements
of the- R-15 ordinance.
B. Provision of a hammerhead turnaround (in.lieu of a
circular turnaround) at the end of the proposed project
road.
C. Reduction 'in the amount of grading and use. of retaining
walls from earlier site plans proposed by the
applicant.
Unless otherwise noted, the following conditions shall be
complied-with before filing the Final Map. This approval is
dependent..upon a rezoning of the subject parcel to the R-15
zoning district.
2. At least 60. days prior to filing the Final Map, the
applicant shall submit a revised vesting tentative map which
reflects the a .maximum 15 unit subdivision, which addresses
-- all of the conditions of approval. At least 30- days prior
to issuance-of a grading permit or filing a final map,
submit a revised site plan and supporting documentation in
_compliance wibh:the. conditions of approval, inclusive of C/A-
3 - 5, and 7 = 21. (Alternate Mitigation for Impact A. i%j
3. Cut slopes on the .-site shall not exceed 2.5:1 or as
otherwise -recommended by .a geotechnical engineer and
reviewed and approved by the Zoning Administrator.
(Alternate Mitigation for Impact A-1 and Impact C.4)
4. A. All toilets shall be low-flow toilets in accordance
with Section 17921.3 of the Health and Safety Code.
B. Water-conserving sink, shower, and lavatory faucets, in
accordance with .the California Energy Commission
standards for new residential buildings, shall be
installed in all residences (Mitigation for Impact
B.4) .
5.'. At least 60 .days prior to filing the Final Map, the
applicant shall either vote the property into a police
service district or present the County with' a contract
between the County, the Town of Moraga, and the applicant,
which states that Moraga will provide police services to the
proj ect.
If the police services district option is chosen, the owner
of the property shall participate in the provision of
funding to maintain and augment police services by voting to
approve a special tax for the parcels created by this
subdivision approval. The tax shall be. the per parcel
annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of
supervisors. The election to provide for the tax shall be
completed prior to the filing of the Final Map. The
property owner shall be responsible, -for paying the cost of
holding the election, payable at the time that the election
is requested by the owner (Mitigation for Impact- B.5) .
6. The residential units shall be constructed with the fire
protection measures recommended by the fire district and all
residences shall have building sprinkler systems. (Mitigation
for Impact B-6) .
7. Park dedication fees for this project shall be paid to the
County Trust Fund and specifically marked for. the Town of
Moraga Parks and Recreation Department (Mitigation for
Impact B.7) .
S . A. At least 60 days prior to recording the Final Map, the
applicant shall submit documentation to the Zoning_.
Administrator for review and approval, which: ensures
that trail-related issues along Camino Pablo frontage
right-of-way. have been resolved. Prior 'to submittal
to the Zoning Administrator, the East Bay Regional Park
District (EBRPD) shall be provided an opportunity to
comment bn the proposed plans(Mitigation for Impact
B:8) .
B. Graded`. slopes for Lits 1 through 5 shall have a 3:1
gradient. . Topsoil . shall be placed, on the .graded slopes
and they shall be planted with drought tolerant
species, as specif ied on Page 77, Item .2 of -the EIR•.
C. A crosswalk and stop sign control shall be installed aat
the Camino -Pablo/Carr. Ranch Road intersection and the
trail.
D. The developer shall diligently attempt to reach an
agreement with EBRPD for continued public trail use
during the construction period. The intent of this
mitigation is to avoid trail closure for more than a
few days, and to trigger construction of an interim
trail, if needed.
-2-
f E_ The developer shall diligently work with EBRPD, Town of
Moraga, and Contra Costa County to investigate the
feasibility of constructing a trail segment on the west
side of Camino Pablo. For the safety of the trail
users, this segment is needed- in-order. to.-relocate the
existing mid-block crossing southerly to the
intersection of Carr Ranch Road. This segment, which
is not a frontage improvement, is needed to complete
the trail. The extent of trail improvements shall be
subject to .final review and approval of the Zoning
Administrator. The cost of any off-site trail construc-
tion or interim trail improvements shall be credited
p
against the ark dedication fees paid by the developer
(Alterntts. Mitigation for Impact B.8) .
9. Erosion. control. and drainage plans submitted to the County
shall be accompanied by a stamp or letter from the Contra
Costa Mosquito Abatement District, indicating that the plans
are acceptable.to -CCMAD .(Mitigation. for Impact B.9) .
10. At least 60 'days prior to recording a,Final Map, the
applicant shall. submfa a preliminary geology, soil, and
foundatiori" report, meeting the requirements of Subdivision
Ordinance. Section 94.-4.420 for review and approval of the
Zoning Administrator. Improvement, grading, and building
plans shall carry out-the recommendations of the approved
report.
This report_ shall propose measures to minimize the risks of
earthquake damage(Mitigation for Impact C.1) .
.11;. The applicant shall. prepare a drainage plan that. includes
the following elements:
A. Convey, roof gutter water in a closed conduit to storm
drains- -. in. .the .proposed project streets.
E. If recommended by .the project geotechnicah engineer,
construct' A concrete lined brow ditch at the top of the
proposed fill slope that overlooks Camino Pablo.
C. Construct concrete lined brow ditches at the top of
slope along the north perimeter of the project. ,
D. Collect run-off carried by gutters on the Camino Pablo`'
frontage of the site and convey it to the out-fall
point for project run-off (Alternate Mitigation for
Impact C.3) .
12 . Ensure that adequate measures to stabilize slopes,
including rounding the top 5 feet of cut slopes to a 3 : 1
gradient, as recommended by the project geotechnical
-3-
tsliU
27. Prior to filing the Final Map, plans shall be submitted for
review by the Community Development Department, Graphics
section, to obtain addresses and for street name approval
(public and private) , subject to final review and approval
by the Zoning Administrator. Alternate street names- should
be submitted in the event -of duplication and to avoid
similarity with existing street names. The approved street
names shall be shown with filing of the Final Map.
Alternative names for the: existing unnamed access road .to .
the project shall be proposed. None of the alternative
names shall include the name "Carr." At time of submittal
to the County, the applicant shall provide evidence that
alternative street names for this unnamed road have been
submitted to the owners of property with access rights for
their input. The applicant shall diligently try to have the
owners agree to .an appropriate street name. Also, the
applicant shall diligently attempt to work with the U.S.
Postal Service and emergency service agencies -to assure that
the existing mailing addresses of the owners is not
disturbed by the assignment of a street name.
28. The following requirements pertaining to drainage, road, and
utility improvements will require the review and approval of
the .Qublic Works Department:
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.
Conformance with- the Ordinance includes the" following
requirements:
1) Constructing road improvements along the frontage
of Camino Pablo, subject to the review of the Town
of Moraga and the review and approval of the
Public Works Department.
Constructing curb, four-foot six-inch sidewalk
(width measured from curb face) ,. necessary
longitudinal and transverse drainage, and tt
necessary pavement widening along the frontage .;.
will satisfy this requirement. The face of curb;
shall be 20 feet from the ultimate centerline of
the road.
2) Constructing a paved turnaround at the end of the
proposed internal -subdivision road.
—9—
03/31/97 16:27 FAX 1 $10 376 2034 TOWN OF UORAGA X1002/004
• D ■ [��♦
�"'„� ♦lii+�iLt &ASSUCIiA' firs,1
229()Ulanuuid Blvd.,finita 1t?p.CnitmJ,CapMinAa 94520
(510)685.4569•tax(510)(ALS-49311
Juste 20, 1994
Town of Moraga
P.O.Box 188
Mora6n.CA 94556
Attic; Jay'1 hshlro
Re*. SUBI).7174
Dear Jay:
'1110 purpose of this letter is to recap (lie Items that were resolved during today's meeting held
on-site with you,Carlo and Cart Zocelll,Dan Bernie, and myself. Tile Items are as rollows:
As indicated In a prior letter dated Jtine 3, 1994,Allied Investments will enhance lite Town's
public park restmonts by providing the sewer pump and installation of lite farce tmiin required to
dispose or(lie restroom sewage. This will enable the Town of Moraga to service Ute ptrk
restrooins and alleviate the present burden of maintaining(lie existing restraom facilities.
This project has been conditioned to construct 20'of pavcmeat on the east side orenntinn fable►,
measured from cxlsling centerline to proposed face afcurb,along lite subdivisitln's frantnge.
11ds pavement width will itllhact the existing 8'trail along(Itis rrontage. Any trail improvcnictlts
will be credited lowardx park dedicntion fees. lite Town of Moraga would rather utitizc the
cxisting trail and allow for a varying pavement halr-width Cram 10 to 20'along Camino Pablo.
Undcr this proposal,Camino Pablo Viii malntaill a ri inin)uilt width of 29.5,overall in
considering lite west portion orcxistittg roadway.
11c proposed roadway along(tic southern property tine Is conditioned for varlous widths. 'llic
roadway, from Canino Pablo to the subdivision entrance,is io be 24'wide(cen(erline to face of
curb)and 1$'wide rroin Cale entrance to lite Southeast earner. We leave ahently established![lint
ilia Couljty is guilt&to'nlainlain(tits roadway oil belullf or the Town of Moragn. '!'lie tninlinurn
roadway width recittired by the County Public Works Department fctr public roadway acceptance
is 2g'. '1'#lercfure,we proposee-a 28'roadway lite full length of lite subdivision boundnry. to llils
case,24'of pavement will be located north or the centerline and 4'of pavemcni along!unci a 2'
cock shoulder will be.placed svtttit of lite centerline. Storm water runoff fmm lite ssircet Nvill lie
collected with all interceptor ditch gild conveyctl within our proposed drnhinge sysicni. To schen
(lie visual impact or the vertical clinnge fit this roadway,Manzaniin-sitnilar 16 that which exists iii
(tic parte,will be planted along tilt first f 00'of roadway betwten the interceptor ditch acid (lie
d i♦'ss.i:Nt;ttii;t:titNi, - t.ANit PLANNiNG - t.RNti 41iit1'1:1 IM;
03/31/97 16:27 FAX 1 610 376 2034 TOWN OF UORAGA Q003/004
roadway. Also.tnittimal landscaping materials will be provided to ilia Town of Morose far
ntinor alterations at ilia pedestrian entrance to the park.
Ilia proposed drainage facilities collect and convey starin water runofForiginating on-silo
and discharge Into lite natural watercourse south of tie bridge crossing. 'tlds is the desired
atigttcttcnt per tilt County Public Works Department. Thr-Town or Momga has no objection to
this alignment.
it appears that the'f'own orMorago is in agreement with►wltat is stated above. In order for u4 to
-proceed with plan revisions for second submitlal,we.ret,uest that you€cknowledge and accclit
our proposed Improvements as meeting your needs. We would appreciate a prompt response,
if you have any questions or concerns,please contact me at the above number.
Sincerely,
Michael P. Spencer
cc: Carlo Zoeclti,Allied Investments
Rich Licrly,CCCPWU
lZU53-I.awe
h
�oiotia7 IU:27 VAA 1 b1U 376 ZU:34 WSYN OF HORAGA (21004/004
UOwn of Waraga
••• G PLANNING DEPARTMENT _a
350 ItHEEM 8OU4EvA111),SUITE 2
t •• ,
MOIRACA.CA 04556
p �= t% (610)37s-5200
June 30, 1994
Mr. Michael V. Spencer
sellecci & Associates, Inc.
2290 Diamond Blvd. , Suite 100
Concord, CA 94520
RE t Subdivision 7174
Dear Mr. Spencert
We have reviewed your letter dated June 20, 1994, recapping the
issues discussed at the on-site meeting on June 20, 1994, and
have the following commentst
1'. The required park dedication fees will not be utilized for
any of the improvements identified in your letter.
.2 . The development of the subject subdivision will result in
the alteration of the entrance area to the Ranch Laguna
Park; therefore, -landscaping materials will be provided to
the Town of Moraga for improvement of said area after the
completion of the improvement.
other than the above items, we are in concurrence with the
issues enumerated In your correspondence. I£ you have any
questiondr pledge contact Dan Bernie at 631-•7969 or me at
376-5200.
51nc sly,
ay Tas.hiro
PI ning Director
'Dan Bernie
Superintendent of Parks/Public Worktj
Cal Carlo Zocchi, Allied Investments
[rich Lierly, CCCPWD
Ross Hubbard, Town Manager
BELLEcci&AssociATEs.INC.
2290 Diamond Blvd.,Suite 100,Concord,California 94520
(510)685-4569•Fax(510)685-4838
Contra Costa County
Community Development Department
4th Floor,North Wing
County Administration Bldg.
Martinez, Ca 94553
November 28, 1995
Attn: Harvey E. Bragdon,Director
RE: Subdivision 7174
Park Dedication Fee Requirement
Dear Harvey:
Our client, Allied Investments is asking for credit on the Park Dedication Fee requirement for the
above referenced subdivision. This request is based on the Condition of Approval item, #8E,
"The extent of trail improvements shall be subject to final review and approval of the Zoning
Administrator or interim trail improvements shall be credited against the park dedication fees paid
by the developer."
Submitted are the costs incurred to construct the trail.
Total Park Dedication Fee Required '15 x$2000 per unit $ 30,000.00
Cost of Trail Improvements $ 25-995.00
Amount Due $ 4,045.00
Amount Due per Permit $413045.00/15=$269.67
Thank you for your consideration on this-ratter.
Very truly your
Lawrence . Gossett,P.E.
enclosure
cc: Carlo Zocchi, Allied Investments
92053par.bev
cev
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
J BELLEca&ASSOCIATES,INC.
2290 Diamond Blvd.,Suite 100,Concord,California 94520
(510)685-4569•Fax(510)685-4838
COST TO CONSTRUCT TRAIL IMPROVEMENTS
Remove Existing Concrete
4365 SF Lis $5,200.00
Replace with Sidewalk
8 Ft Sidewalk 4365 SF @$3.00 13,095.00
Grading
250 CY L/S 1,500.00
Stripe Cross Walks
2 EA @$300.00 600.00
Retaining Wall to Protect Existing B-58 Ditch
120 L.F. @a $3.00 360.00
Remove Asphalt Trail at Park
LIS 800.00
Place Asphalt Trail at Park
L/S 1,700.00
Grade,Import Fill and Compact
LIS 1,500.00
Relocate Park Irrigation Vacuum Breaker
L/S 1,200.00
TOTAL $25,995.00
M5M
K,un9rss
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
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10102%'9i 10:1i $510 228 3596 T H ANI> A ATTYS X1002/002
r RECEIVED
TURNER, HUGUET & ADAMS
ATTORNEYS AT I-AW 2 W/
924 MAIN STREET
P.O. BOX 110
MARTINEZ, CALIFORNIA 94553 CLERK BOARD OF SUPERVISORS
71�($107 Z26 3a33 CONTRA COSTA CO.
MAVRIG6 C MUOUCT.JR. RETIR86
JONATHAN DANICL ADAM-t FAX tS 10I 226-3896 GORDON S.TURNER
October 2, 1997
VIA FAX 355-19] 3
Board of Supervisors
County of Contra Costa
County Administration Building
551 Pine Street, Room 106
Martinez, CA 94553
Attention: Ann
Re: Appeal by Allied Investments from the decision of the
Director of the Growth Management and Economise
Development Agency
Dear Supervisors :
This will acknowledge receipt of your letter dated
September 29, 1997 informing me of the scheduled October 7,
1997 hearing on the above referenced appeal . Please be advised
that x have a calendar conflict on October 7th and would
appreciate your rescheduling the appeal hearing to your meeting
of October 21, 1997 .
Thank you for your consideration of this request . Please
advise: me of the time of the new hearing .
Very truly yours,
URNER, HUGUET & ADAMS
Jonathan Daniel Adam
JDA:dmh
1051D48
cc : Val Alexeeff, Dir. Growth Mgmt - Via Fax
Contra
Costa
TO: BOARD OF SUPERVISORS COUntl
FROM: VAL ALEXEEFF, DIRECTOR '•.•
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY �Os'rq c5iiitt�
DATE: September 29, 1997
SUBJECT: October 7, 1997 Hearing on the Appeal by Allied Investments of the
Administrative Decision of the GMEDA Director concerning payment of
in-lieu Park Dedication Fees for the Moraga Highlands project,
Subdivision 7174, in the Moraga area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DENY the appeal and SUSTAIN the July 28, 1997 decision of the
Director of the Growth Management and Economic Development Agency, ,
elcept that the total disallowed park fee credit shall be $20,795.
FISCAL IMPACT
None provided that appeal of the administrative decision is denied.
BACKGROUND/REAS NS FOR RECOMMENDATIONS
In December, 1993, the Board of Supervisors approved (on appeal)
the Moraga Highlands project, Subdivision 7174, located adjacent to
the Town of Moraga, immediately southeast of the Town. The
approval allowed for development of 15 residential lots. The
developer felt that the project would not have received as many
units through annexation and process through Moraga, and thus
sought the County approval alternative. The County pledged to work
with Moraga to satisfy other concerns.
In approving the project, the Board accepted the recommendations of _
the Town of Moraga and East Bay Regional Park District, and
required the applicant to diligently pursue the construction of an
off-site trail improvement on the opposite (west) side of Camino
Pablo (COA ME.) . The improvement was intended to aid in the
establishment of a relocated road crossing for an East Bay Regional-
CONTINUED ON ATTACHMENT: X YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_ 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: Bob Drake [(510) 335-12141
Orig: Community Development Department ATTESTED
CC: Allied Investments PHIL_BATCHELOR, CLERK OF
Turner Huguet & Adams THE BOARD OF SUPERVISORS
Town of Moraga AND COUNTY ADMINISTRATOR
Public Works Dept: - Eng. Services
Bellecci & Associates BY DEPUTY
County Counsel
j :\groups\cdadpool\bob\sub7174.bo
RD\
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r
Park District trail. The Condition of Approval also authorized the
granting of credit against the project's in-lieu park fee
requirement pursuant to the Park Dedications Ordinance (Division
920) for costs incurred in the improvement of this trail facility.
Prp-Tentative Man East-•side Trail Conditions and Tentative:Man
Requirements
At the time of the original tentative map application, the Camino
Pablo frontage contained an 8-foot trail. It also provided a mid-
block crosswalk connecting with an East Bay Regional Park District
trail extending to the west of the site.
The tentative map application not only proposed the widening of
Camino Pablo along the frontage, but also the replacement of the 8-
foot trail with an 8-foot sidewalk.
Tge Board of Supervisors approved the subdivision subject to the.
f ,lowing requirements:
• "'frontage improvements including widening of Camino Pablo and
a 4M foot sidewalk, but subject to prior review of .the Town of
Moraga (COA #28.A.3_.) .
• payment ofpark dedication fees and allocation of fees to the
Town of Moraga (COIL #7) .
• that the applicant diligently pursue the installation of -a re-
aligned trail providing for construction of improvements along
the west side of Camino Pablo, and that the applicant could
qualify for credit against the park dedication fee for this
improvement (COA #8.E.) . The trail improvements were intended
to provide for re-location of the trail crossing to a nearby
intersection.
Town of Moraga' s Understanding with the Applicant
f
In 1994, without involvement of County Community Development
Department staff, the Town of Moraga indicated that they were
agreeable to allowing the applicant to avoid construction on the
west-side. However, the elimination of the off-site trail
requirement was made subject to re-installation of a sidewalk on
the east side, and subject to the understanding that no credit
would be allowed against the park fee requirement for the agreed
upon improvements. See exchange of correspondence between
applicant's engineer and Moraga dated June 1994.
Request for Credit Against Park Fee Obljaation
In a letter dated November 28, 1995, the applicant's engineer
requested and was granted by the Zoning Administrator credit for
trail improvements. Normally, the park dedication ordinance
requires an in-lieu park fee of $2000 per new residence, or $30,000
for the entire subdivision. The submittal was accompanied by a set
of plans for walkway improvements. The request also included a
credit for $5200 of trail improvements within Rancho Laguna Park to
the south.
It subsequently came to staff's attention that the improvements for
which the applicant had requested credit pertained to sidewalk
replacement improvements along the frontage to the subdivision
project (the east side of Camino Pablo) required by Public Works,
not the required trail improvements on the west side of Camino
Pablo. Therefore, the applicant was not entitled to the requested
credit against the in-lieu park fee requirement.
-2-
Decision to Re »rg� a Payment of Park Fees
In a letter dated July 28, 1997, the Director of the Growth
Management and Economic Development Agency advised the applicant
that the County:
• Had determined that the applicant did not qualify for full
credit against the park dedication fee, and that $20,695 of
the park fee credit would be disallowed. Subsequently, staff
has reviewed the amount and the credit disallowed is actually
$20,795. _
• A credit of $5200 against the park fee obligation would be
allowed for the cost of specific improvements which the
applicant undertook within an adjoining park (Rancho Laguna)
to the south of the site which the applicant had worked out
with the Town of Moraga. It should be noted that the
applicant had previously paid $4005 in park fees to the County_
prior to issuance of any building permits.
• -'Payment of the park fee obligation would be due and payable
prior to final inspection of building permits.
• Payment of;-the required park fee would constitute compliance
with Condition of Approval #8.E.
The Town of Moraga supports these terms.
STA'T'US OF RESIDENTIAL BUILDING PERMITS WITHIN SUBDTVTSTO
As of the preparation of this staff report, eleven residential
building permits have been issued within this fifteen-lot
subdivision; three permits have been finalled; the remainder are
active.
APPEAL OF GMEDA DIRECTOR DECISION BY APPLTCANT
In a letter dated August 27, 1997, the developer, Allied
Investments, appealed the GMEDA Director's decision. The appeal
indicates that in addition to the $5200 credit for park
improvements, the developer feels he is also entitled to credit
against the park fee requirement for:
• an 8-foot replacement sidewalk along the frontage of Camino
Pablo in-lieu of the 4% foot sidewalk specified in Condition
of Approval #28.A.1.
• $15,000 for installation of a force main at Rancho Laguna
Park.
$ES ON
TO APPLICANT'S APPEAL
The appeal points raised by the applicant do not justify the
granting of credit against the park fee obligation.
1. gppeal Point: Allied Investments was requested to install an
8-foot sidewalk along the project frontage
instead of a 42- foot sidewalk as specified in
Condition of Approval #28.A.1.
Staff Response: As is standard practice, the approval of
the subdivision required the applicant to convey additional
`P right-of-way along the frontage of Camino Pablo (COA #28.B.).,
and to construct frontage improvements along Cimino Pablo (COA
#28.A.1.) to satisfy subdivision code requirements. The
condition of approval specified a sidewalk width of 4% feet.
-3-
However, the construction of any frontage improvements would
require a permit from the Town of Moraga insofar as the entire
right-of-way is located within the Town's jurisdiction.
Therefore, the Town was able to require the project to meet
the Town's existing sidewalk standards for the Camino Pablo,
frontage improvements without credit. Had there been no
sidewwalk, and a sidewalk was required, it would have been at
the Town standard.
The original 1995 credit request failed. to disclose key
information on the relevant project background information.
• The original 1995 park fee credit request was based on
reference to COA #8.E. which pertained to a trail
improvement on the west side of Camino Pablo, not. the
sidewalk along the frontage improvement. The cover
letter made no mention that the request for credit was
based on sidewalk improvements to the project frontage.
• The 1995 credit request also followed the 1994 exchange
of correspondence between the applicant's engineer and
the Town of Moraga where the communication was that
frontage sidewalk and off-site improvements would not be
used ' for credit against the project's park fee
requitement. The cover letter made no mention that the-
basis' for the Town's agreeing to an east-side trail
provided that these improvements did not qualify for
credit against. the project's park fee obligation.
Providing a wider sidewalk on the east side of the street was
the level of improvement which the Town of Moraga could impose
on the project because of where the project was situated. The
improvement satisfies the project's obligation for sidewalk
improvements. It also replaced a similar facility of similar
dimensions. A wider sidewalk on the east side does not
address the applicant's failure to provide a trail improvement
on the west, side of Camino Pablo as specified in Condition -
#8.E. or pay park dedication fees as specified in COA #7.
2. Appeal Point: Allied Investments should be able to qualify
for credit against improvements which the
applicant undertook within Rancho Laguna .Park,
including installation of a force sewer main,
at a cost of $15,000.
Staff Reponse:, First, the force sewer main was not an
issue of project approval or one of the items originally
listed in the credit request from the applicant in their
November 28, 1995 letter. Second, the exchange of
correspondence between the applicant and the developer in June
1994 suggests that the installation of the force sewer main
and other park improvements were voluntarily agreed to between
the applicant and the Town of Moraga in consideration for
other benefits from the Town of Moraga outside County
involvement. At the time that this agreement was made, the
Town was operating under the understanding that Condition
#8..E. would be satisfied by payment of park fees. Therefore,
it is not within the County's authority for park fees to
credit such expense: to the applicant.
If there is a dispute over the force main issue, the County is
willing to review the exchange of documents and offer comments
but not in relation to this item.
f,;T
-4-
NOTICE OF APPEAL RECEIVED
August 27, 1997 1M 2707
Board of Supervisors c/o
Clerk of the Board of Supervisors CI.ERKBOAROOFSUPERVISORS
CONTRA COSTA CO.
Contra Costa County
651 Pine Street, Room 108A
Martinez, CA 94553
Ladies and Gentlemen:
Please take notice that Allied Investments (;herein Allied)
appeals from the decision of the Director of the Growth
Management and Economic Development Agency' s decision set forth
in his letter of July 28, 1997, a copy of which is attached
hereto as Exhibit "A
THE FACTUAL BASIS for this appeal is that during the
process of the development of subdivision 7174 Allied
constructed sidewalk improvements in excess of the scope of the
conditions of approval for the subdivision. Specifically, the
conditions of the approval Section 28 .A. 1) provided for
construction of a 4 ' 6" sidewalk along the frontage of Camino
Pablo adjacent to the subdivision. In fact Allied, was
requested to construct a sidewalk at a width of 8 ' . In
addition, Allied constructed an asphalt trail at Rancho Laguna
Park, as well as certain other Park improvements which were not
addressed by the conditions of approval. These improvements
include but are not limited to the installation of a force main
at a cost of construction of $15,000 . 00, installation of the
aforementioned asphalt trail in the amount of $4, 000.00 and
relocation of Park irrigation vacumn breaker in the amount of
$1,200 . 00 . Allied, as the developer of the aforementioned
subdivision incurred these expenses and claims-.`an entitlement
to a credit against the $30,000 . 00 Park dedication fees
pursuant to Section 920-8.002 which provides for a mandatory
public improvement credit as follows :
"If the subdivider provides park and recreational
improvements to land dedicated for public park purposes, the
value of the improvements together with any equipment located
thereon shall be a credit, as determined by the planning
agency, against the payment of fees or dedication of land
required by the division. "
Allied will suffer economic injury if s credit is not
allowed.
Dated: August 27, 1997
Carl Zocch'4 Partner
Allied Investments
VERIFICATION
I Carl Zocchi, a partner in Allied Investments have read
the foregoing Notice of Appeal and declare under penalty of
perjury under the laws of the State of California that the
facts setforth therein are true and correct and that this
declaration was executed on August 27, 1997 Martinez,
California.
Carl =Zocch , Partner
Allied In-lestments
1051D43-44
Jay Tashiro Ron Hubbard Carlo Zocchi
Planning Director Town Manager Allied Investments
Town of Moraga Town of Moraga 1033 Detroit Avenue
PO Box 188 PO Box 188 Concord, CA 94518
Moraga, CA 94556 Moraga, CA 94556
Frank Bellecci, Sr. Dan Adams
Bellecci & Associates Turner Huguet Brans& Adams Moraga Highlands
2290 Diamond Blvd. Suite 100 Attorneys at Law c:\wpdoc\sub7174.lab
Concord, CA 94520 PO Box 110 RD\
Martinez, CA 94553 .
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AVLLu�cc, &Ass1!1axrEs,1N(7)
2290 Diamond Blvd..Suite 100,Concord.California 94520
(510)685-4569•Fax(510)695-4838
I June 2, 1994
Town of Moraga
P. O. Box 188
Moraga, CA 94556
Attn: Jay Tashiro
3 Re: SUBD. 7174 ,
Dear Jay:
In the spirit of cooperation, Allied Investments and our firm
have been working diligently with the Town of Moraga on items of
concern. Per your meeting with Carlo and Carl Zocchi yesterday,
two specific items were resolved.
The first pertains to the existing restrooms located at the
1' Rancho Laguna Park, located directly south of Subdivision 7174 .
j Allied Investments, the developer, will inhance the Town's public
park restrooms by providing and installing the sewer pump and
force main required to dispose of the restroom sewage. The
sewage willbepumped from the park' s restrooms to the in tract
sewer system of Subdivision 7174 . This will alleviate the Town' s
burden of continuous maintenance of the existing restroom
facilities .
c --
t The second pertains to the proposed roadways that lie within the
Town .of Moraga' s jurisdiction. Rather than having the Town of
Moraga and the Contra Costa County Public works Department both
review and inspect segments of the development . roadways, it is
preferred that the County review and inspect and approve all
street improvements on behalf of the .Town Of 'Moraga. This is
based on the fact that a majority of the development Iroadways.
fall within the County's jurisdiction. Per the meeting held
c yesterday with Carlo, you are agreeable to this.
If you have any questions or concerns, please contact . me at the
above number.
Sincerely,
Michael P. Spencer
cc: Maurie Huguet
92053ss.mor
CIVIL 1-INGINF.E.RIM; LAND H ANNING LAND SURVI?AIM;
_03131187 16:27 FAX 1 510 376 2034 TOWN OF NORAGA Q1002/004
&ASSUCIA'1'm;, �.
-' 2290 Diamond turd,Stutc t(Xt.Cniteend.Califtmila 94520
(510)685.4569•I%x(510)GPJ-4833
.lane 20, 1994
Town of Moragn
i'.4.Box 188
Murann,CA 94556
Altnt Jay't Ashiro
It= SUM 7174
Ucar.lay:
'Ilii:purpose cif this letter is to rccnp the items that were resolved during today's ntecting held
on-site with you,Carlo and Cad Zoeehi,Dan Hernie, and myself. 71te Itctns t<re as follows:
As Indicated in a prior letter dated lune 3, 1994,Allied Investments will enhance the 1 nw16
public park restrooms by providing the sewer rump and installation of lite farce moon required to
dispose of line restcaam scwaga. 'this will enable(he Town of Moraga to service ilia park
restrooms and alleviate the present burden of maintaining(tie existing restroom fnellities.
This project.has been conditioned to construct War pavement on lite east side circaminn I'nlilo,
measured from existing centerline to proposed face of curb,along lite subdivi.Riotfs Gonfilge.
'IMS pavement width will impact the existing 8'trail elottg this frontage. Any trail improventcttus
will be credited towards park dedication fees. The Town of Morage wound rather u1ili7c lite
existing trail and allow for a varying pavement ludr-widdi rrum lG'to 2W along C.ainino Pablo:
Under this proposal,Camino I'nblo will maintain a minimuin width of 29.5'ove ell ill
considering the west portioti orexisting roadway.
11a proposed roadvmy along lite southern property line is condititylued for varlaus widths. 'ilia
roadway,from Camino Pablo to the subdivision entrance,is to be 24'wide(centerline to face of
curb)and 18'wide troth(lie entrance to lite southeast COMM. WC Piave already established Ilial
(tie Coutity is Cnitug to maintain(tits roadway on belulif of the Town of Moragn. ilia minimum
roadway width required by.the County Public Works Department for public rondmy acecptnttc(
is 28. 'Iliercfore,we propose'a 29`roadway the full length of file subdivision boundnry. In this
case,74'of pavcnient will be located north of the centerline and 4'ofpavement along witli a z'
tock shoulder will be.placed sauth of tine centerline. Storm water runoff f ruin Ilia sheet wilt he
collected with all Interccptar Glitch and conveyed witliht our proposed dminnge System. To Salim
the visunl ittipact of the vertical change in this roadway,Maumnitn•shnitar to that which exists ill
(pea park,will be,planted along the first 100'of roadway between lite interceptor ditch nod the
r
('it'll.IiN(ilNi;l:!({Nal - LAM) PLANNIM. - LANDSllit\'1:YIMe
03/31/87 16.27 FAX 1 610 376 2034 TOWN OF 3i0RAGA
roadway. Also,tnittimal landscaping materluts will be provided to the Town of Mam8fa far
minor alterations at ilia pedestrian entrance to(tic park.
Tite proposed drainage facilities collect and convoy storm water ntnofrorigittnting otn-clic
and discharge Into the natural watercourse soutlt of the bridge crossing. 11ils is ilia daclred
alignment per the County Public Works Department. 'lite Town of Momga ltas no algecilon to
this alignntcul.
It appears that (Ito own of Moraga is in agreement wait what is stated altovc. In order for tis to
-proceed Willi pian ravislons for second submittal,we request that you acknowicdge and accept
our proposed improvements as meeting your needs. We would appreciate a prompt response.
Ifyou have any questions or concerns,please contact nie at the above number.
Sincerely,
Michael t'.Spencer
cc: Carlo Zoccid,Allied Investments
Rich Licrly,CCCPWV
92053-Lmor
• Voi�lia7 16:27 VA& 1 ULU 376 2034 '113WN OF KORAGA
Q004/004
/7! r. 5
UoWn .of fflaraga
P16ANNINO DEPARTMENT
350 RHEW BOULEVARD.SUITE 2 �• � ;� `�
MORAGA.CA 045556 CLs �i
9�°� �0• (610)378-5200 pk�Ni
6' 3u�
June 30, 1994
f
Mr. Michael P. Spencer "•
Hellecci & Associates, Inc.
2290 Diamond Blvd. . Suite_ 1.00
Concord, CA 94520
RE s Subdivision 71.74
Dear Mr. Spencers
We have reviewed your letter dated June 20, 1994, recapping the
issues discussed at the on-site meeting on June 20, 1994, and
have the following comments i
Y. The required park dedication fees will not be utilized for
any of -the improvements identified in your letter.
-2. The development of the subject subdivision will .result in
the al.teratLon of the entrance area to the Ranch Laguna
Park; therefore, •landsoaping materials will be provided to
the mown of Moraga for improvement of said area after the
completion of the improvement.
j
Other than.. the above items, we are in concurrence with the
issues enumerated in your correspondence. If you have any
questions, p].earae contact Dari Bernie at 631-7969 or me at
376-5200.
Sinc
ay as.hiro
Pl ning, Director '
1
'Dan Bernie
Superintendent of Parks/Public Worka
cal Carla Zocchi, Allied Investments
Rich Lierly, CCCPWD ;
Rose Hubbard, Town Manager rr
ora Conon of CDoraga
OA
PLANNING DEPARTIAENT
350 RHEEM BOULEVARD, SUITE 2
P.O. BOX 188 @(�
MORAGA, CA 94556 D V L�
01'ember+1� (510) 376-5200
AUG 1$ 1994
ENGINEERING SERVICES
_ P0Bl4C wpRKS DEPT.
August 16, 1994
Mr. Rich Lierly
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Re: Subdivision 7174
Dear Mr. Lierly:
As you are aware, a portion of the required roadway
improvements for this subdivision are iodated within the
jurisdiction of the Town of Moraga. The balance. is within the
unincorporated area . of. Contra Costa County. As stated in the
attached letter, rather than the '.Gown and Contra Costa County
both reviewing and inspecting segments of the development
roadways for the subject subdivision, it is preferred that the
County review, approve and inspect street improvements on
behalf of the Town. It is our understanding, -per a meeting
with Bellecci & Associates,. that you are in .agreement with this
arrangement.
In order. to facilitate the County review. of the improvement
plans, the Town is in agreement with the following design
criteria. The condition of approval requires the construction
of 20 ' of . pavement , on the east side of Camino -Pablo, measured
from the existing centerline to the proposed face of. curb along
the subdivision frontage " The Town wouldrather utilize the 1
existing 8 ' "wide= " trail and allow for a varying pavement
half-width from 16 ' to 20 ' along Camino Pablo. Under this
proposal, Camino Pablo will maintain a minimum of 29.51 overall. €
,7,, in considering the west portion the existing" roadway
It is my. understanding that the proposed roadway. . along the
southern property line is conditioned for various widths. The
roadway from Camino Pablo to the subdivision. entrance is to be
24 ' wide (centerline to face of curb) and 18' wide from the
i
/j %, �✓�r/ �S G�3'1 s �"-��i/ �p;i i.%�.d5� �a �i,�-tt�`n e';.,�� (�:�<i:--�7;
/ T" -���.: ,/,'/ i .,� c t/ •Y+, ' i G � .1_"� .�/fi �jrY / _ 'wt / jt.
Mr. Rich Lierly
Re: Sub7174
Page 2 of 2
entrance to the southeast corner. The Town is in agreement
that the street width not vary through this area, as it is the
intention to utilize the roadway as a possible future public
roadway. " It has already been established that the County will
maintain this roa way_„on ehalf o �___T.Qwq_.,(see attached "
etters from Bellecci & Associates; dated June 2 and 20, 1994,
and the Town's response of June '30, 1994) . It is our
understanding that the minimum roadway width required by the
County for roadway acceptance is 281 . The proposed 28'
roadway along the entire length of the southern subdivision
boundary with 24 ' of pavement being located north of the
centerline and 4 ' of pavement along with 2' rock shoulder south
. of the centerline is acceptable to the Town. of
The Town has no objection to the storm water runoff from the
proposed 28 ' roadway being collected with an interceptor ditch
and conveyed within the proposed drainage system. The proposed
drainage facilities will collect and convey storm water runoff
originating on-site and will be discharged into the natural
watercourse south of the bridge crossing.
The above statement is a reiteration of my letter to Michael
Spencer of Bellecci & Associates, dated June 30, 1994 . Also,
please refer to attached letters , for additional comments
I
ertaining to sewer connection, park dedication and
landscaping. . I hope the above information will clarify the
Town of Moraga' s position and assist you in reviewing the
improvement plans for the subject subdivision. If you have any
questions or need additional information, please contact me at
376-5200 .
in rely,
Tashiro
P1 nning Director
Attachments
cc: Dan Bernie, Superintendent of Parks/Public Works
Carlo Zoochi, Allied Investments
Joseph DiMaggio, CCCPWD
Michael Spencer, Bellecci & Associates
(1
.... ................ . .
. . ......... ... .......................................
10/13/94 14:48 FAX 1 510 376 2034 TOWN OF MORAGA 0 002/002 '
J• e
_
` J
TOWN OF IWORAGA �1?
P.C. BOX llas
MORAGA, C:A 94556
PERMIT TO 00 WORK IN ACCORDANCE WITH TI1rLE 10 OF THE ORDINANCE CODE OF CONTRA
COSTA COUNTY, COUNTY ORDINANCE SPECIFICATIONS, AND ANY SPECIAL REQUIREMENTS
SHOWN OR LISTED HEREIN, AS ADOPTED BY THE TOWN OF'MORAGA.
vQ Ailcr f ,� ,5 Wc*t No.
Fee $ 50.0EX
i a ,DAVU',� r9v� ,re
PLEASE READ THIS PERMIT CAREFULLY. KEEP IT AT THE WORK SITE. TO ARRANGE FOR INSPECTION
PHONE 376.5200, AT LEAST 48 HOURS(}BEFORE
.�YOU
START WORK.
• IAfORK IS i0 Bf:COt1APLETEp 8t' i - .. .. .
(It the work Is not completed by tNs data you must pet a new Gerrnit unless an extension has been previously authonzea)
-CURB, GUTTER,--SIDEWALK & GRADING WORK. ON. CA14INO PABLO
PLANS AND SPECS BY BELLECI & ASSOCIATES
Yl cC�ti7 ,, jnt rt�v�r�ce l�s
'5A a 17 t e
1,,,,�x 7j'p- 41 4::s 'as C n,,,.e
C&U✓I1 fl G WG 11 -S
NOTE: THIS PERMIT ISSUED SUBJECT TO THE CONDMON THAT ANY.DISTURBANCE OR MODIFICATION OF THE
TERRAIN DETRIMENTAL TO THE RIGHT-OF-WAY, MAY RESULT IN A REOUREMENT TO RE-SEED OR OTHERWISE
ESTABLISH PROPER SOIL STABILIZATION IMPROVEMENTS.
SEE REVERSE SIDE OF PERMIT FOR REQUIREMENTS
Permit Ravlaw work completed
"The pennirtee agrees to save,Indemdfy and told hor rg" the Town of moraw or Its reprewaORves from at 0oWtfes inposed by law by
reason of Inluryto or death of any person or persons or dom000 to property wtuch may arise out of the work Covered by thls permit and daft agree
to defend the Town in any claim or action asseAV such IiaNW."
Accepting this permlt or stortino any work hereunder,shall constitute acc eptance and noreement to on or the condffkxu and
permit and ttte ordkwme and spacmeottons outhorwria issuance of such permit. requirements et this
$IgnatureAf-P-b,rmittee% TOWN OF MORAGA
D.P. Number
Refund or Charge By:
Auditor-Controller: Please close record. Date to
Pate: J
MOORE tuslwls FORMS INC.
J
BELLEcc,&ASS0C1ATESJNC.
2290 Diamond Blvd.,Suite 100.Concord,California 94520
(510)685-4569•Fax(510)685-4838
Contra Costa County
Community Development Department
4th Floor,North Wing
County Administration Bldg.
Martinez, Ca 94553
November 28, 1995
Attn: Harvey E. Bragdon,Director
RE: Subdivision 7174
Park Dedication Fee Requirement
Dear Harvey:
Our client, Allied Investments is asking for credit on the Park Dedication Fee requirement for the
above referenced subdivision This request is based on the Condition of Approval item,#8E,
"The extent of trail improvements shall be subject to final review and approval of the Zoning
Administrator or interim trail improvements shall be credited against the park dedication fees paid
by the developer."
Submitted are the costs incurred to construct the trail.
Total Park Dedication Fee Required '15 x$2000 per unit $ 30,000.00
Cost.of Trail Improvements $ 25,995,00 .
Amount Due S 4,045.00
Amount Due per Permit $41,045.00/15=$269.67
Thank you for your consideration on this matter:
Very truly your
Lawrence . Gossett,P.E.
enclosure
cc: Carlo Zoccl i, Allied Investments
�r
92053Wrbcv
iN
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
BELLEm&ASSOCIATES,INC.
2290 Diamond Blvd.,Suite:100,Concord,California 94520
(5 10)685-4569•Fax(5 10)685-4838
COST TO CONSTRUCT TRAIL MIPROVEMENTS
Remove Existing Concrete
4365 SF LIS $ 5,200.00
Replace with Sidewalk
8 Ft Sidewalk 4365 SF 0$3.00 13,095.00
Grading
250 CY US 1,500.00
Stripe Cross Walks
2 EA @$300.00 600.00
Retaining Wall to Protect Existing B-58 Ditch
120 L.F. $3.00 360.00
Remove Asphalt Trail at Park
L/S 800.00
Place Asphalt Trail at Park
US 1,700.00
Grade, Import Fill and Compact
US 1,500.00
Relocate Park Irrigation Vacuum Breaker
LJS 110200.00
TOTAL $25,995.00
s2o53TR
uroro5
CIVIL ENGINEERING LAND PLANNING LAND SURVEYING
Growth Management and Contra
Economic Development Agency Costa
Valentin Alexeeff, Director County
July 28, 1997 ..rt
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JUL 3 01987 --
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Carlo Zocchi
Allied Investments
1033 Detroit Avenue
Concord CA 94518
Dear Mr. Zocchi:
I am writing in reference to staff approval of a partial credit from Park Dedication
requirements for subdivision 7174 in the Moraga Area. I reviewed this matter with
Community Development and Public Works Department staff and conclude that the
credit was in error based upon representations made by your civil engineer regarding
completion of a public trail.
A review of the record indicates that on November 28, 1995, Mr. Larry Gossett of
Bellecci & Associates submitted a request on behalf of Allied Investments to the
Community Development Department seeking credit for $25,995 from the total
obligation of $30,000. The cost breakdown attached to that letter included costs to
remove existing concrete and replace with sidewalk, grading and striping crosswalks,
and installation of a retaining wall to protect an existing B-58 ditch. I verified with
Public Works that the sidewalk improvements were required as part of condition of
approval##28(A)(1). A copy of that condition is enclosed for your reference.
I am able to verify that the trail upon which the credit was claimed was not built. What
was built was replacement sidewalk that was a Public Works condition of approval.
In other words, you claimed park credit for replacing a sidewalk that you tore up in
order to construct a sidewalk as required by condition of approval#28(A)(1).
Please also note that in response to a communication from Mike Spencer of Bellecci
& Associates to the Town of Moraga, Planning Director Jay Tashiro specifically
indicated concurrence with Mr. Spencer's representation,provided, in part, that"The
EXHIBIT A
651 Pine Street, No.Wing,Second Floor,Martinez,Caldomia 94553-1213
Telephone: (510) 646-1620 • FAX: (510) 646-1599
required park dedication fees will not be utilized for any of the improvements
identified in your letter." Mr. Tashiro's letter ww, dated June 30, 1994, approximately
sixteen months prior to Mr. Gossett's request for credit. A copy of that correspondence
is also enclosed for your reference..
Staff erred in granting ccr�'e' for work which was otherwise required by condition 28,
and such credit is therefore disallowed.The total amount of disallowed park dedication
fee credit is $20,695, based upon the cost breakdown provided by Mr. Gossett. Since
you have already paid $4,005 under P.D. No. 85-95, and the partial credit remaining
on the cost estimate is $5,200, the total amount paid and credited is $9,205. The
remaining $20,695 is due and payable prior to, the final inspection on the building
permits in Tract 7174. We will start collecting this amount at your next final approval.
Please note that under Chapter 14-4 of the County Code, this decision may be appealed
to the County Board of Supervisors by filing a verified notice of appeal with the Clerk
of the Board of Supervisors, with an appeal fee of $125, within thirty days of the
decision (pamphlet enclosed).
If you have any questions, please call Dennis Barry at 335-1276 or Bob Drake at
335-1214.
Sincerely,
Val Alexeeff, Director
VA:dg
zocchi.t;
enclosures
c: J.Adams-Turner,Huguet&Adams
F.,Bellecci-Bellecci&Associates,Inc.
J.Tashiro-Town of Moraga
D.Barry-Community Development
B.Drake-Community Development
S.Pouliot-Building Inspection
D.Silver-Canty Counsel
2
a..
15/97 10:55 FAX 1 510 376 2034 TOWN OF VORAGA Q1001/002
TO- i; Val Alexeeff, Director
Growth Management and Economic Development
From. Ross G. Hubbard, Town Manager
Date: 09/1si9?
Pe: Allied Investments, Administrative Appeal
Conditions of Approval for Subdivision 7174 have not been met., it
must be made extremely clear that the replacement of an exa.sting
sidewalk along Camino Pablo cannot be counted for any other
condition of approval.
Factually, the condition to install a trail along the west side
of Camino Pablo has not been met. No trail segment has been
constructed. Tnstead, the developer's representatives petitioned
the Town to allow a trail segment to be on the sidewalk which was
in existence prior to development approval. fn a letter dated
June 30, 1994, Town of Moraga Planning Director Jay Tashiro
agreed to allow a modification to the original plan to construct
a trail on the west side of Camino Pablo.
This modification was agreed to by the Town in order to eliminate
the need for significant slope cuts or the requirement for
retaining walls which were needed to build the trail segment in
question. Instead the representatives of Allied agreed to re-
install a sidewalk on the east side of Camino Pablo, whichwas a
county Public works Department requirement for-subdivision
improvements. blo agreement to use park dedication credit was ever
approved by the Town.
In fact, Mr. Tashiro's letter to Mike Spencer, of Sellecci &
Associates, provided, in part, that "The required park dedication
fees will not be utilized for any of the improvements identified
in this letter" .
Therefore, the situation now stands that Allied constructed the
replacement sidewalk but not the trail and now wishes to use the
replacement sidewalk for credit for work required under other
subdivision conditions.
After the determination was made that Allied :Failed to complete
the condition to construct the trail, Allied now comes before the
County attempting to claim other work as credit against fees due
for park dedication, including a forced main reportedly connected
to Rancho Laguna, Park restrooms. However, Allied failed to
mention that due tothe proximity of the immediately adjacent
subdivision 7174 to the Park, Allied volunteered to build and
Connect the forced main and a pump for the restrooms, outside of
9/15f97 10:55 FAX 1 510 376 2034 TORN OF MORAGA . f�002f002
any 44im for park dedication fees. Although Allied installed the
main 4hen completing the underground work for the mubdivision,
the developer abandoned the work. The Town was required to
complete the work at a cost of $12,699.57 from the Town's General
Fund.
As earlier stated, the County staff allowed a credit .for work not
completed. The error was admitted during our earlier meetings. We
have agreed that some work done at the: entrance to Rancho Laguna
Park, including landscaping and a path into the park which
required ohanges after the subdivision improvements were
installed, should receive some credit in an amount not to exceed
$5,200.
Although Allied has paid $4,005 to 'date, the developer must be
required to pay the additional park dedication fees of $20,695,
which would be used to mitigate the impacts of this adjacent
subdivision of large houses an the rural Rancho Laguna Park.
As you may recall, this subdivision was approved on appeal to the
former Board of Supervisors, after the County Planning Commission
denied approval on two occasions. On both occasions, the Town
provided testimony and correspondence requesting that Allied,s
land be annexed to the Town prier to subdivision so that the
subdivision could receive a thorough review by Town officials and
neighbors. It is clear that Allied is attempting to continue a
pattern of ignoring the wishes of the Town of Xoraga which
started prior to approval of the subdivision.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Allied Investments APPLICATION NO. 2961-RZ
1033 Detroit Avenue TR 7174
Concord, CA 94518
ASSESSOR'S PARCEL NO. 258-500-004
ZONING DISTRICT: R-15
OWNER:. Geraldine & Michael Mazaika VESTING DATE: 19 December 1991
1205 Camino Pablo
Moraga, CA 94556 APPROVAL DATE: December 7, 1993
EFFECTIVE.DATE: December 14, 1993
This is to notify you that the Board of Supervisors has granted your request for a rezoning and major subdivision,
subject to the attached conditions.
HARVEY E. BRAGDON, Director
Community Development Department
By:
Mary Flemin&, Assistant Dir for - Current Planning
PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification
will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved
Conditions of Approval. Unless otherwise provided, you have 36 months from the approval date to file the
FINAL MAP.
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CONDITIONS OF APPROVAL FOR SUBDIVISION 717.4 (Allied Investments=
7kpplicdit; Belmont Development Co. -- Owner) AS PER THE DECEMBER
7th, 1993 APPROVAL OF THE BOARD OF_SUPERVISORS
1. The request to subdivide the 7. 12 acre parcel is approved
for a maximum of 15 lots as generally shown on the Revised
Vesting Tentative Map dated received by the Community
Development Department on October 18, 1993. The approved
site plan provides for the following:
A. Compliance with the minimum lot dimension requirements
of the R-15 ordinance.
B. Provision of a hammerhead turnaround (in , lieu of a
circular turnaround) at the end of the proposed project
road.
C. Reduction in the amount of grading and use of retaining
walls from earlier site plans proposed by the
applicant.
Unless otherwise noted, the following conditions shall be
complied.with before filing the Final Map. This approval is
dependent upon a rezoning of the subject parcel to the R-3.5
zoning district.
2. At least 60 days prior to filing the Final Map,_ the
applicant shall submit a. revised vesting tentative map which
reflects the a- maximum 15 unit subdivision, which addresses
- all of the conditions of approval. At least 30 days prior
to issuance of a grading permit or filing a final map,
submit a revised site. plan and supporting documentation in
.-..compliance with the conditions of approval, inclusive of C/A
# 3 - 5, and 7 - 21. (Alternate Mitigation for Impact A. l)
3. ' Cut slopes on the site shall not exceed 2 .5: 1 or as
otherwise recommended by a ;,geotechnical engineer and
reviewed and approved by the Zoning Administrator.
(Alternate Mitigation for Impact A-1 and Impact C.4)
4. A. All toilets shall be low-flow toilets in accordance
with Section 17921.3 of the Health and Safety Code.
B. Water-conserving sink, shower, and lavatory faucets, in
accordance with the California Energy Commission
standards for new residential buildings, shall be
installed in, all residences (Mitigation for Impact
B.4) .
5. At least 60 days prior to filing the Final Map, the
applicant shall either vote the property into a malice
service district or present the County with a contract
b-ptween the County, the Town of Moraga, and the applicant,
w,ich states that Moraga will provide police services to the
project.
If the police services district option is chosen, the owner
of the property shall participate in the provision of
funding to maintain and augment police services by voting to
approve a special tax for the parcels created by this
subdivision approval. The tax shall be the per parcel
annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of
Supervisors. The election to provide for the tax shall be
completed prior to the filing of the Final Map. The
property owner shall be responsible for paying the cost of
holding the election, payable at the time that the election
is requested by the owner (Mitigation for Impact B. 5) .
6. The residential units shall be constructed with the fire
protection measures recommended by the fire district and all
residences shall have building sprinkler systems (Mitigation
for Impact B-6)
7 . Park dedication fees for this project shall be paid to the
County Trust Fund and specifically marked for. the Town of
Moraga Parks and Recreation Department (-Mitigation for
Impact B.7) .
S . A. At least 60 days prior to recording the Final Map, the
applicant shall submit documentation to the Zoning .
Administrator for review and approval, which ensures
that trail-related issues along Camino Pablo frontage
right-of-way. have been resolved. Prior to submittal
to the Zoning Administrator, the East Bay Regional Park
District (EBRPD) shall be provided an opportunity to
comment bn the proposed plans(Mitigation for Impact
B.8) .
B. Graded slopes for Lots 1 through 5 shall have a 3 : 1
gradient. Topsoil shall be placed on the. graded slopes
and they shall be planted with drought tolerant
spebies, as specified on Page 77, Item 2 of the EIR'.
C. A crosswalk and stop sign control shall be installed at
the Camino Pablo/Carr Ranch Road intersection and the
trail.
D. The developer shall diligently attempt to reach an
agreement with EBRPD for continued public trail use
during the construction period. The intent of this
mitigation' is to avoid trail closure for more than a
few days, and to trigger construction of an interim
trail, if needed.
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E. The developer shall diligently work with EBRPD, Town of
Moraga, and Contra Costa County to investigate the
=J feasibility of constructing a trail segment on the west
side of Camino Pablo. For the safety of the trail
users, this segment is needed in order to- relocate- the
existing mid-block crossing southerly to the
intersection of Carr Ranch Road. This segment, which
is not a frontage improvement, is needed to- complete
the trail. The extent of trail improvements shall be
subject to final review and approval of the Zoning
Administrator. The cost of any off-site trail construc-
tion or interim trail improvements shall be credited
against the park dedication fees paid by the developer
(Alternate Mitigation for Impact B.8) .
9. Erosion control. and drainage plans submitted to the County
shall be accompanied. by a stamp or letter from the Contra
Costa Mosquito Abatement District, indicating.that the plans
are acceptable.to CCMAD (Mitigation . for Impact B.9) .
10. At least 60 days prior to recording a ,Final Map, the
applicant shall submita preliminary geology, soil, and
foundation report meeting the requirements of Subdivision
Ordinance- Section 94-4 .420 for review and approval of the
Zoning Administrator. Improvement, grading, and building
plans shall carry out the recommendations of the approved
report.
This report shall propose measures to minimize the risks of
earthquake damage(Mitigation for Impact C. 1) .
11.,. The applicant shall prepare a drainage plan that includes
the following elements:
A. Convey roof gutter water in a closed conduit to storm� .
drains in the proposed project streets.
B. If recommended by the project geotechnical engineer,
construct a concrete lined brow ditch at the top of the
proposed fill slope that overlooks Camino Pablo.
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C. Construct concrete lined brow ditches at the top of
slope along the north perimeter of the project.
D. Collect run-off carried by gutters on the Camino Pablo
frontage of the site and convey it to the out-fall
point for project run-off (Alternate Mitigation for
Impact C. 3) .
12 . Ensure that adequate measures to stabilize slopes,
including rounding the top 5 feet of cut slopes to a 3 : 1
gradient, as recommended by the project geotechnical
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engineer, are implemented as '6. part of the project grading
plan (Alternate Mitigation for Impact C.4) .
13 . At least 60 days prior to issuance of a grading permit or.
filing a Final Map, the applicant shall submit a retaining
wall program for review and approval of the Zoning
Administrator. The program shall provide for the following-. '
A. Design and construction of retaining walls in such a
manner that long-term stability is not compromised.
B. Permanent (non-wood) construction is required for walls
more than three feet high.
C. The design. of the wall shall be aesthetically pleasing.
an& if walls pose aesthetic concerns, it may be
feasible to . stack them (i.e. , provide two or more
parallel walls) , with the areas between heavily
landscaped (Mitigation for Impact C. 5) .
D. A landscape plan covering the retaining walls shall be
submitted for the review and approval of the Zoning
Administrator. Prior to submittal, the Town of Moraga
shall be provided an opportunity to review and comment
on the proposed plan. (Mitigation for Impact D.4 . ) .
14 . Residential foundations shall be drilled pier foundations
that extend through the zone of shrinking and swelling, or
as otherwise recommended by a geotechnical engineer. ay
15 ., Fills shall be designed and constructed to minimize the
potential for differential settlement. Design might include
over-excavation (so as to provide consistent fill depths
beneath graded pads) , greater compaction at-depth, or
special foundation design as may be recommended by the
project geotechnical engineer (Alternate Mitigation for
Impact C.7) .
16. In order to ensure proper implementation of the grading
code, al;l grading procedures shall be reviewed by both a
project geologist and reviewed and approved by the County
Grading Section of the Building Inspection Department
(Mitigation for Impact C.8) .
17 . All slopes, drainage terraces and subdrains shall be
maintained by the property owners. A plan for maintenance
shall be submitted to the Zoning Administrator for review
and approval. The maintenance plan shall either be part of
the codes, covenants and restrictions for the subdivision or
if there is no homeowners association, the obligation to
maintain drainage facilities shall be called to the
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attention of home buyers through an advisory comment on the
dejd (Mitigation for Impact C.9) .
18. The construction stage erosion control plan shall provide
for the following:
A. All grading, excavation and filling shall be conducted
during the dry season (March 15th through October 15th)
only, and all areas of exposed soils shall be replanted
to minimize erosion and subsequent sedimentation.
After October 15th, only erosion control work shall be
allowed by the grading permit.
B. A revegetation plan prepared by an experienced plant
ecologist or by a certified landscape architect shall
be submitted. as part of the erosion control plan.
Minimally, the plan shall provide for revegetation of
2: 1 cut slopes greater than 18 feet in height. The
plan shall emphasize use of drought tolerant native
species and plants that are adaptive to conditions in
this portion- of Moraga. Ideally, the plan should
include a mix of grasses, shrubs and trees. The plan
shall provide for revegetation of all rearyard cut
slopes. Hydroseeding and hydromulching would not be
adequate for this purpose unless recommended by a
landscape architect orqualified plant ecologist as an
interim measure.
If necessary for survival: of young plants, the plan may
call for the use of a temporary drip irrigation system
(to be abandoned after 2--3 summer seasons) . The
developer shall bond with the Community Development or
Building Inspection Departments the landscape
improvements for a period of not less than two years.
Alternatively , the Zoning Administrator may approve a
bonding program ensuring the survivability of plants by
-- the home builder or owner. ,
C. Hydroseeding and hydro mulching are not considered
adequate on 2 : 1 slopes that are more than 18 feet in
height.
D. The erosion control plan shall show the location of
proposed temporary detention basins, silt fences and
straw bales, along with revegetation of all graded
areas. It shall also contain provisions for:
1) Performing maintenance during the winter rainy
season, as necessary.
2) Regular inspections by the project engineer during
the winter rainy seasons.
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orf' 3) Spot inspections during/immediately following
-` severe storms. (Mitigation for Impact C. 10. )
19. At least 30 days prior to obtaining building permits, the
- applicant shall submit a conceptual street lighting,
fencing, and landscaping plan to facilitate further
evaluation of light and glare. These submittals shall
include the following elements:
✓ A. Street> lighting consistent with the Town of Moraga
requirements°
�, ✓ B. Fencing design at the rear of building pads.
C. Profiles extending from the west edge of Camino Pablo
to any proposed two-story residences on Lots 1 through
7 and Lot 14 (to evaluate possibility of second story
windows being a source of light and glare) .
D. Landscape plan for slopes along the west, and south
edges of the property
20. The. applicant shall refer road and trail improvement plans
for Camino Pablo which shall include the street crossing
changes noted in Condition #8.E, and the road along the
southern property line to EBRPD and the. Town of Moraga for
their review and comment, prior to approval by the Zoning
Administrator (Mitigation for` Impact E. 3) . The improvement
plans shall provide for reconstruction within the Camino
Pablo right-of-way of the Old Moraga Ranch Trail to
standards established by the East Bay Regional Park
District.
21. Grassland cover shall be re-established following grading
and prior to unit construction. . Grading shall be limited to
the boundaries of the site;" unless the developer has the
approval of the affected property owner. To the extent
possible, landscaping shall emphasize the use of drought
tolerant, native plant species. Native plant species
commonly used for landscaping which would be suitable for
use on the site include coast live oak, valley oak,
California buckeye and toyon. The applicant shall block
access to undeveloped areas north of the site during
construction, in order to discourage vehicles and
motorcycles from driving off-road on the site (Mitigation
for Impact F. 1) .
22.. Should archaeological materials be uncovered during grading,
trenching or other on-site excavation(s) , earthwgrk within
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30„yards of these materials shall be stopped until a
p6fessional 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.
23. Comply with the following construction, noise, dust and
litter control requirements:
A. Noise generating construction activities, including
such things as power generators, shall be limited to
the hours of 7:30 A.M. to 5:00 P.M. , Monday through
Friday, and shall be prohibited on State .and Federal
holidays. The restrictions on allowed working days may
be modified on prior written approval by the Zoning
Administrator.
B. The project sponsor shall. require their contractors and
subcontractors to fit all. internal combustion engines
with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as
air compressors and concrete pumpers as far away from
existing residences as possible.
C. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of
property within 300 feet of the exterior boundary of
the project site notice that construction work will
_ commence. The notice shall include a list of- contact
persons with name, title,, phone number and area of
responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept
current at all times and shall consist of persons with
authority to indicate and implement corrective action
in their area of responsibility. The names of the
individual responsible for noise and litter control
shall be expressly identified in the notice. The
notice shall be reissued with each phase of .major
grading activity.
A copy of the notice shall be concurrently transmitted
to the Community Development Department. The notice
shall be accompanied by a list of the names and
addresses. of the property owners noticed, and a map
identifying the area noticed.
D. A dust and litter control program shall be submitted
for the review and approval of the Zoning
Administrator. Any violation of the approved program
or applicable ordinances- shall require an immediate
work stoppage. Construction work shall not be allowed
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to resume until; if necessary, an appropriate
-.i,' construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows.
Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to
provide access to each lot. This shall include
provision for an on-site area. in which to park earth
moving equipment.
24. Pursuant to Government Code Section 66474..9, the applicant
(including the subdivider or any agent thereof), .shall
defend, indemnify, and hold harmless the Contra. Costa County
Community Development Department andi ts agents,.; officers,
and employees from any claim, action, or proceeding against
the Agency (the County) or its agents, officers, ' or
employees to attack, set aside, void, or annul; the Agency's
approval concerning. this subdivision map: application, which
action is brought within the time period provided for in
Section 66499.37. The County will promptly notify the
subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
_ 25. In accordance with the child care ordinance, the applicant
shall pay a child care fee of $400 per 1-ot, prior to the
issuance of certificates of final occupancy for the
residences.
26. The following statement shall be recorded at the County
- Recorder's Office for each parcel to notify future owners of
-the parcels that they own property in an agricultural area:
"This document shall serve as notification
that you-have purchased land in an
agricultural area where you may. regularly
find farm equipment using local roads; farm
equipment causing dust; crop dusting and
spraying occurring regularly; burning
associated with agricultural activities;
noi6e associated with farm equipment and
aerial crop dusting and certain animals and
flies may exist on surrounding properties.
This statement is, again, notification that
this is part of the agricultural way of life
in the open space areas of Contra Costa
County and you should be fully aware of this
at the time of purchase. "
(Mitigation for Impact to be added to page 32 of the DEIR,
according to the response document. ) (Mitigation for Impact
A. 5. )
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27. Prior to filing the Final Map, plans shall be submitted for
re,Aiew by the Community Development Department, Graphics
Section, to obtain addresses and for street name approval
(public and private) , subject to final review and approval
by the Zoning Administrator. Alternate street names should
be submitted in the event -of duplication and to avoid
similarity with existing street names. The approved street:
names shall be shown with filing of the Final Map.
Alternative names for the existing unnamed access road to -
the project shall be proposed. None of the alternative
names shall include the name "Carr. " At time of submittal
to the County, the applicant shall provide evidence that
alternative .street names for this unnamed road have been
submitted to the owners of property with access rights for
their input. The applicant shall diligently try to have the
owners agree to an appropriate street name. Also, the:
applicant shall diligently attempt to work with the U.S.
Postal Service and emergency service agencies to assure that
the existing mailing addresses of the owners is not
disturbed by the assignment of a street name.
28. The following requirements pertaining to drainage, road, and
utility improvements will require the review and approval of
the .Public Works Department:
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.
Conformance with the Ordinance includes the following
requirements:
1) Constructing road improvements along the frontage
of Camino Pablo, subject to the review of the Town
_ of Moraga and the review and approval of the
Public Works Department.
Constructing curb, four-foot six-inch sidewalk
(width measured from curb face) , necessary
longitudinal and transverse drainage, and
necessary pavement widening along the frontage
will satisfy this requirement. The face of curb
shall be 20 feet from the ultimate centerline of
the road.
2) Constructing a paved turnaround at the end of the
proposed internal -subdivision road.
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3) Undergrounding of all utility distribution
t facilities, including the existing distribution
facilities along the Camino Pablo frontage.
4) Conveying all storm waters entering or originating
within the subject property, without diversion and
within an adequate storm drainage facility, to a
natural watercourse having definable bed and banks
or to an existing adequate public storm drainage
facility which conveys the storm waters to a
natural watercourse.
5) Designing and constructing storm drainage
facilities required by the Ordinance in compliance
with specifications outlined in Division 914 of
the Ordinance and in compliance with design
standards of the Public Works Department. 'The
Ordinance prohibits the discharging. of
concentrated storm waters into roadside ditches.
6) Installing, within a dedicated drainage easement,
any portion of the drainage system which conveys
run-off from public streets.
7.) Submitting improvement plans prepared by a
registered civil engineer, 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 Public
Works Department, Road Engineering Division, and
the Town of Moraga. The Town of Moraga shall be
provided 30 days to comment on the proposed
improvement plans.
8) Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
B. Convey to the Town of Moraga, by Offer of Dedication,
additional right of way on Camino Pablo as required for
the planned future width of 84 feet.
C. Construct an 18 foot half-width roadway on-site along
the southerly boundary of the property as shown on the
tentative map, and convey to the Town of Moraga, by
Offer of Dedication, the corresponding right of way.
That portion of the roadway which lies between Camino
Pablo and the project access -shall be 24 feet wide.
The southerly edge of pavement shall be constructed
with a two-foot rock shoulder to allow for possible
future widening, and the northerly edge of pavement
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• _ shall be curbed. The southerly edge of pavement shall
• �' be considered the future centerline of the road and
shall coincide with the :southerly boundary of the
subject property, or as directed by the Town.
D. Relinquish abutter's rights of access along Camino
Pablo, including the curb return.
E. Construct a 32-foot paved internal subdivision roadway
to County private road, standards, within a 40-foot
right-of-way, to serve all parcels in this proposed
subdivision.
F. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across
the sidewalk and driveways,
G. 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 of
permanent, drainage improvements.
H. The Lamorinda traffic study is currently being
conducted to recommend areawide traffic mitigation and
to establish a program for funding these improvements.
The applicant shall be required to pay the resultant
fees if an ordinance to enact the program is adopted
prior to filing of the Final Map.
{r
-11- -
n IT inl l
ADVISORY NOTES
A. Comply with the requirements of the Moraga School District fees at time of
issuance of building. permits.
B. The applicant is advised that the tax for the police services district is currently set
by the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPII adjustments). The annual fee is subject to modification
by the. Board of Supervisors in the future. The current fee for holding the election
is $800 and is also subject to modification in the future. The applicable tax and fee
amounts will be those established by the Board at the time of voting.
C. Comply with the requirements of the Moraga Fire Protection District (Mitigation for
Impact B.6)'.
D. The applicant shall comply with the Park Dedication Fee Ordinance, which requires
that the applicant pay a fee of $2,000 per lot at the time a building permit is
obtained (Mitigation for Impact B.7).
E. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Lamorinda County Area of Benefit as
adopted by the Board of Supervisors.
F. The applicant shall be required to comply with all rules, regulations, and procedures
of the National Pollutant Discharge Elimination System (NPDES) for municipal,
_ - construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Walter Quality Control Boards (San
Francisco Bay-Regional II or Central Valley-Region V).
G. The applicant has volunteered a $3000 contribution to the Homeless Program Trust
Fund.
CW/aa
RZXIX/7174C.CW
11/25/92
1/5/93
3/31/93
4/27/93
12/2/93
12/7/93 - BS (RHD)
12/23/93
-12- f
BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA
AFFIDAVIT OF MAILING
In the Matter of )
An Administrative Appeal filed by )
Allied Investments from the decision
of the Director of the Growth
Management and Economic Development )
Agency's decision set forth in his )
letter of July 28, 1997. )
I declare under penalty of perjury that I am now, and
at all times herein mentioned have been , a citizen of the
United States , over age 18; and that today I deposited in the
United States Postal Service in Martinez , California , postage
fully prepaid , a certified copy of the notice of hearing is attached.
to the following :
Jay Tashiro Ron Hubbard Carlo Zocchi
Planning Director Town Manager Allied Investments
Town of Moraga Town of Moraga 1033 Detroit Avenue
PO Box 188 PO Box 188 Concord, CA 94518
Moraga, CA 94556 Moraga, CA 94556
Frank Bellecci, Sr. Dan Adams
Bellecci & Associates Turner Huguet Brans& Adams
2290 Diamond Blvd. Suite 100 Attorneys at Law
Concord, CA 94520 PO Box 110
Martinez, CA 94553
I declare under penalty of perjury that the foregoing
is true and correct.
Dated September 29, 1997 at Martinez, California .
Deputy Clerk
3
The Board of Supervisors Contra �;'��
mW
County Administration BuildingCOSta County Administrator
651 Pine Street, Room 106 (510)335-1900
Martinez,Califomia 94553-1293 County
Jim Ropers,1st District
Gayle B.Ullkema,2nd District _:� _�_`•..
Donna Gerber,3rd District
ilark DeSauUisr,4th District
Joe Csndamllla,5th District o fg
�4
n�;,I Y �,,•`4y
srqcbur`t'
September 29, 1997
Mr. Carl Zocchi
Allied Investments
1033 Detroit Avenue
Concord, CA 94518
Re: Appeal by Allied Investments from the decision of the Director of the Growth Management
and Economic Development Agency.
Dear Mr. Zocchi:
Pursuant to Section 14-4.006 of the County Ordinance Code, notice is given that
Tuesday, October 7, 1997, at 2:00 p.m. at 651 Pine Street, Room 107, Martinez, California, has
been set as the time and place for hearing by the Board of Supervisors on your appeal from the
decision of the Director of Growth Management and Economic Development Agency set forth in
his letter of July 28, 1997, relative to staff approval of a partial credit from Park Dedication
requirements for Subdivision 7174 in the Moraga area.
If you challenge this matter in Court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the County, at or prior to, the public hearing.
Very truly yours,
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By �.
C. S. Turner, Deputy Clerk
cc: County Counsel
County Administrator
Growth Management and Economic Development Agency
File List
CONTRA COSTA COUNTY
GROWTH MANAGEMENT AND
ECONOMIC DEVELOPMENT AGENCY
DATE: September 17, 1997
TO: Jean Ma 13io, Clerk of the Board
FROM: Val eff, Director
SUBJECT: Administrative Appeal of Allied Investments
Please set the administrative appeal of Allied Investments for October 7, 1997.
Next week, I will provide you with a list of parties who need to be notified.
VA:dg
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
DATE: September 2, 1997
TO: Val Alexeeff, Director
Growth Management and Economic Development Agency
FROM: Clerk of the Board of Supervisors
Susie Turner, Deputy Clerk 1_
SUBJECT: Administrative Appeal of Allied Investments
We are in receipt of an administrative appeal filed by Allied
Investments from the decision of the Director of the Growth
Management and Economic Development Agency' s decision set forth
in his letter of July 28, 1997 . A copy of the appeal is
attached.
This appeal has been tentatively scheduled for hearing by the
Board of Supervisors on Tuesday, September 23 , 1997, at 2 p.m.
If this appeal is not timely filed or there is any other reason
why the Board should not hear this matter, please advise this
office by September 9, 1997 .
Material for Board consideration on this matter should be
submitted to this office by September 16, 1997 .
st
attachment
cc : County Counsel
Public Works Department
Community Development