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TO: BOARD OF SUPERVISORS County
FROM: DENNIS M. BARRY, AICP - ~~
DIRECTOR OF COMMUNITY DEVELOPMENT ,��ST%►'C660 -�
DATE: October 29, 1997
SUBJECT: November 4, 1997 Public Hearing on an Appeal by Davidon Homes of the
Administrative Decision by the Director of Community Development to
Deny the Protest concerning payment of In-Lieu Park Dedication Fees
for the Reliez Valley Highlands project, Pleasant Hill area. Approved
Tentative Subdivision 7171 .
SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Reschedule the Hearing to December 2, 1997 at 2 :30 p.m. as
requested by the appellant to allow for continued settlement
discussions with staff .
BACKGROUND/REASONS FOR RECOMMENDATIONS
On August 5, 1992 , the Board of Supervisors approved the Reliez
Valley Highlands project for 81 single family residential units
situated on the west side of Reliez Valley Road, approximately one-
quarter mile north of Grayson Road in the Pleasant Hill area. The
subdivision was approved as a vesting tentative map, which under
the Subdivision Map Act extends the application of the ordinances,
policies, and regulations which were in effect at the time the
tentative map application was accepted as complete for a limited
period of time following approval of a final map.
The project has been developed in three separate phased final maps
which have been approved by the County and recorded. The last one
to record occurred on October 10, 1994 .
Earlier this year, staff advised the applicant that the vesting
rights had expired on each of the final maps and that the applicant
would be required to pay the current park dedication fee, $2000 per
remaining residence (the fee which had been vested for this project
was $1100 per lot) . On May 14, 1997, the developer' s attorney
filed a fee protest objecting to payment of payment of any park
dedication fee . A.
CONTINUED ON ATTACHMENT: — X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON November 4, 1997 APPROVED AS RECOMMENDED X— OTHER
The hearing was opened and no one appearing to speak, the Board took the following action:
IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to December 2,1997,`
at 2:30 p.m. in the Board's chambers.
VOTE OF SUPERVISORS _
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT - - - — TRUE AND CORRECT COPY OF AN
AYES : NOES : ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact : Bob Drake [ (510) 335-12141
Orig: Community Development Department ATTESTED November 4, 1997
CC : Davidon Homes PHIL BATCHELOR, CLERK OF
McCutcheon, Doyle THE BPARD OF SUPERVISORS
County Counsel A'ND) Y ADMINISTRATOR
B DEPUTY
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In a letter dated August 7, 1997, the Director of Community
Development indicated that payment of the park fee was required
even though the fee had not been included as a condition of
approval because the $2000 had been duly adopted by the Board of
Supervisors .
In a letter dated September 5, 1997, the legal counsel for the
developer appealed the Community Development Department decision to
the Board of Supervisors .
Developer/Staff Discussions and Request for Continued Hearing
Approximately half of the lots within the project have been
developed to date.
Following receipt of the appeal, staff and the developer have
discussed a possible settlement of the fee issue. However, before
a proposal may be submitted to the Board of Supervisors, additional
time is needed to determine if terms acceptable to the developer
and staff can be worked out . In a letter dated October 29, 1997,
the developer has requested that this matter be rescheduled to
allow for additional discussion.