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HomeMy WebLinkAboutMINUTES - 04271993 - 1.11 TO: BOARD OF SUPERVISORS FROM: COUNTY COUNSEL DATE: April 23, 1993 SUBJECT: APPLICATION FOR EXCEPTION FROM REQUIREMENTS OF TITLE 9 OF COUNTY ORDINANCE CODE SUBDIVISION 7597 (KAUFMAN & BROAD OF NORTHERN CALIFORNIA, INC. ) , WEST PITTSBURG AREA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. GRANT exception to County Ordinance Code section 96-2.204 to allow review and stamping of improvement plans for first phase of the above-numbered subdivision, on the following conditions: a. All drainage from the site shall be routed through a temporary, on-site detention/siltation basin to restrict the peak flow from the subdivision. These drainage facilities will operate on an interim basis until the permanent drainage facilities are constructed. b. The subdivider shall assume all responsibility for operation and maintenance of the interim drainage facilities and shall indemnify the County in writing. C. The subdivider shall enter into a written agreement to assure maintenance of the basin and shall furnish a bond to guarantee performance. d. The subdivider shall bond the entire permanent drainage system as it is currently presented on the plans and shall revise the bonds as necessary if the scope of the work of the permanent facilities changes. e. The County will not approve the final subdivision map until such time as the required land rights have been obtained or assured and the design of the permanent drainage facilities finalized. f. The exception shall not become effective until the subdivider furnishes the agreements and bonds described above in a form acceptable to the Public Works Department. CONTINUED ON ATTACHMENT: X YES SIGNATURE X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON _.. APR 2 7 1993 APPROVED AS RECOMMENDED ZOTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ASSENT AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED APR 2 7 1993 Contact: Melissa Morton 313-2347 PHIL BATCHELOR, CLERK OF Orig. Dept.: Public Works (E/S) THE BOARD OF SUPERVISORS cc: CAD AND COUNTY ADMI STRATOR County Counsel By DEPUTY RECOMMENDATIONS (Continued) 2 . FIND that there are unusual circumstances or conditions affecting the subdivision, that the exception is necessary for preservation and enjoyment of a substantial property right of the applicant, and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the subdivision is situated. 3 . APPROVE Indemnification Agreement and Drainage Facility Maintenance Agreement, subject to any modifications recommended by the County Counsel, and AUTHORIZE the Public Works Director to sign the agreements. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The tentative map for this subdivision was approved by the Board on September 24 , 1991. The subdivision is expected to be built out in four phases. Last year, the subdivider (Kaufman & Broad of Northern California, Inc. ) completed mass grading of the subdivision under a grading permit. As part of the grading work, the subdivider constructed a temporary, on-site detention/siltation basin to regulate drainage flows from the subdivision. This year, the subdivider is ready to construct permanent improvements (streets, stormdrains, etc. ) and has submitted improvement plans to the Public Works Department for review and stamping. While the improvement plans show off-site drainage facilities, these are subject to redesign in response to concerns of a downstream property owner (U.S. Navy) and changes in the adopted drainage plan for Flood Control Drainage Area 48C. Under these circumstances, it is not feasible to require at this time that the improvement plans show the final design of the permanent, off-site drainage improvements (see County Ordinance Code sections 92-4 .038, 92-4 .040 and 96- 2 .204) . The subdivider has asked the Public Works Department to review and stamp the improvement plans to allow on-site improvements to be completed this year, with the understanding that the plans would be later revised to show the final design of permanent, off-site drainage improvements. Pending construction of the permanent improvements, the subdivider would continue to operate and maintain the temporary detention/siltation basin to regulate flows from the subdivision. In addition, the subdivider would enter into written indemnification and maintenance agreements to assure proper operation and maintenance of the basin. Staff has reviewed the hydrologic and hydraulic calculations prepared by the subdivider's engineer and finds that the basin would regulate peak flow from the subdivision at existing levels. Therefore, the proposed exception would not be detrimental to the public welfare or injurious to other property in the area. Granting of the exception is necessary to accommodate these unusual circumstances and to allow the subdivider to proceed in a timely manner with construction of on-site improvements. CONSEQUENCES OF NEGATIVE ACTION The subdivider will not be able to proceed with construction of subdivision improvements. -2-