HomeMy WebLinkAboutMINUTES - 04271993 - 1.16 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 27, 1993
SUBJECT: CONDITIONS OF APPROVAL FOR SUBDIVISION 7639 - JOINT PROJECT WITH
THE COUNTY REDEVELOPMENT AGENCY. (D & M DEVELOPMENT - WEST
PITTSBURG)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ACCEPT this report regarding a request from D & M Development to defer the
requirement to pay fees and meet the conditions of approval until such time as the
improvement plans have been completed, bonds have been obtained and fees have
been paid.
2. APPROVE the following as an alternative condition of approval to the requirements of
Ordinance Code Section Nos. 94-4.402 through 94-4.420:
a. The Development rights for the parcel shall be granted to the County and will not
be released until such time as all of the aforementioned code sections have been
complied with.
b. D & M Development Company will provide the County with a letter from West
America Bank stating that all necessary items are complete to execute the loan
with the exception of filing the map, as well as stating that West America Bank has
set aside the money necessary to pay the fees and secure the bonds.
3. ADOPT the following findings pursuant to Chapter 92-6, "Exceptions", of the Ordinance
Code in order to approve the alternative condition of approval:
a. There are unusual circumstances or conditions affecting the property. The
developer has been trying to obtain a lender for the r jest for over a year. The
new lender requires that the final map be filed y 30, 1993.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR `
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APR 2 7 1993 APPROVED AS RECOMMENDED V OTHER
VOT F SUPERVISORS
Ll UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
MM:cI I hereby certify tnat this Is a true and correct copy 91
c:B027.t4 an action taken and enteied on the minutes of the
Orig. Div: Public Works (E/S) ;3oard of Supervisors on the dale shown.
Contact: M. Morton, 313-2347 ATTESTED: APS 0
cc: County Administrator PHIL BATCHELOR,Clerk of the Board
Community Development of Supervisors and Co ty Administrator
Building Inspection
County Counsel By , ,Deputy
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Engineering Services
Conditions of Approval for
Subdivision 7639
Page -2-
April 27, 1993
I. Recommended Action cont.:
b. The exception is necessary for the preservation and enjoyment of a substantial property
right of the applicant. The developer feels that they may not be able to obtain another
lender, thereby prohibiting the completion of the project.
C. 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 property is situated. All conditions
will be complied with in as expedient a manner possible.
II. Financial Impact:
The financial impact to the County is unknown.
III. Reasons for Recommendations and Background:
The project consists of a 10 unit condominium complex off of Bailey Road in the West Pittsburg
area. The Contra Costa County Redevelopment Agency is loaning the developer $350,000 for
the project as well as providing reasonable loans for the potential buyers. The developer has
obtained a loan for approximately $575,000 to pay for the remainder of the work. These figures
represent not only the cost of building the improvements, but also the cost of obtaining bonds
and paying all necessary fees.
For some time, D & M Development Company has tried to obtain financing, but was
unsuccessful until their agreement with West America Bank. The developer is concerned that
if he is unable to comply with the requirement on the part of the lender to file the final map by
April 30, 1993, he will lose his only means of completing the project.
IV. Consequences of Negative Action:
D & M Development Company may lose their financing with West America Bank and potentially
never obtain a new lender.