HomeMy WebLinkAboutMINUTES - 06052007 - C.99 TO: BOARD OF SUPERVISORS fa,
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FROM: DENNIS M. BARRY; AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR ` ,. :. ' County
DATE: JUNE 5, 2007
SUBJECT: A request to extend the period for filing a final map for an approved major
subdivision (Bay Harbor Commerce Center) at the north -east corner of Port
Chicago Highway and Pacifica Avenue in the Bay Point area. (Bay Point
Venture One, LLC — Applicant and Owner) (County File #SD038720) (APN: 098-
250-019 and -020, formerly 098-250-015 and -016) (District V)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE the request from Bay Point Venture One, LLC for a five-year extension to file a
final map for SD038720 to July 13, 2012.
II. FISCAL IMPACT
The applicant is responsible for paying all fees associated with,the extension.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
;; APPROVE OTHER
SIGNATURE(S):
ACTION OF BO R O O PROVED AS RECOMMENDED OTHER
V7VOTE OF SUPERVISORS �/� I HEREBY CERTIFY THAT THIS IS A TRUE AND
OF
(ABSENT /"yYlj?i CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Maureen Toms ATTESTED
cc: Community Development(CDD) JOHN CULL§N, CLERK OF THE BOARD OF
County Administrator SUPERVISO S AND COUNTY ADMINISTRATOR
County Counsel
Public Works
Bay Point Venture One, LLC BY -,DEPUTY
G:\Current Planning\curr-plan\Board\Board Orders\sd038720extension.doc
June 5, 2007
Board of Supervisors
File#SD038720
Page 2
III. BACKGROUND/REASONS FOR RECOMMENDATION .
In 2003, the owner Reid Settlemier of Bay Point Venture One, LLC, filed with the County a
subdivision application (County File #SD038720) to subdivide two parcels totaling
approximately 45 acres into 23 lots. The proposal included an application for a Preliminary
Development Plan (County File #DP043042) to develop a business park and a land use
permit for a construction and engineering office with an outside storage area on two of the
lots.
The project was approved by the East County Regional Planning Commission on April 12,
2004: The decision to approve the project was appealed to the Board of Supervisors. The
Board denied the appeal and approved the project on July 13, 2004.
The applicant has obtained necessary approvals of the Army Corp of Engineers, Department
of Fish and Game and the Regional Water Control Board. The improvement plans are close
to completion and most conditions of approval have been met. On April 15, 2007, the
applicant submitted an application for a Final Development Plan (County File #DP 073038)
which includes the site plans, elevations, and landscape plan for the site.
IV. REQUEST FOR TIME EXTENSION
In a letter dated January 18, 2007, the property owner/applicant requested a five-year
extension of the period for filing a parcel map. The applicant has been working diligently with
the Public Works Department, Community Development Department and the regulatory
agencies to complete outstanding conditions of approval. Due to the size and complexity of
the proposal, the applicant has had a delay in meeting the conditions of approval within the
initial three-year period of the approval. Therefore, the applicant is requesting an extension of
time to fulfill all requirements of the approval.
V. DISCUSSION
Government Code Section 66452.6(e) of the Subdivision Map Act allows a subdivider to
apply to the County for extending the period for filing map for up to five additional years
beyond the initial period allow by ordinance.
Staff sees no reason why the subject request should not be granted.
l J
BAY POINT VENTURE ONE, LLC 2080 Mountain Blvd, Ste
107
Oakland, CA 94611
(510) 589-9905 (phone)
(510) 559-9906 (fax)
January 18, 2007
Maureen Toms
David Brockbank
Community Development Department
Contra Costa County
2530 Arnold Drive, Suite 190
Martinez, California 94533-1296
Re: Bay Harbor Commerce Center
LP 02-2101 and SD 8720
Dear Maureen and David:
Thank you for meeting with Howard Fuchs, Bob Karber and me on January 11 to
review the current status of the referenced project (the "Project") and its approved
entitlements.
As we discussed, pursuant to Conditions of Approval for the Project, the existing
approvals are scheduled to expire in June 2007. However, pursuant to Condition 2, under
the "Subdivision" heading, the Applicant is permitted to obtain a five (5) year extension
upon submission of an extension request together with the appropriate filing fee. The
extension request is subject to the review and approval of the Planning Agency.
As you know, we have diligently pursued a final subdivision map and final
improvement plans (collectively, the "Final Map Documents") for the Project. However,
due to the myriad issues surrounding this Project, including without limitation, right-of-
way limitations, wetlands restrictions, collect and convey requirements, biological
considerations and development fees, to date we have been unable to obtain the final
approval of the Final Map Documents.
While we believe that such final approvals can be obtained shortly, we also
believe that the prudent course of action would be to apply for an extension of the
approvals for the Project. In that regard, this letter shall serve as a formal request for a
five (5) year extension of the LP 02-2101 and SD 8720 approvals.
Maureen Toms
David Brockbank
January 18, 2007
Page 2
In our meeting, you suggested that the extension filing fee may be waived due to
the expenditures we have made with respect to the processing of the Final Map
Documents. In the event the filing fee is not waived, please inform me at your earliest
convenience and I will mail you a check.
Thank you for your attention to this matter and, as always, please do not hesitate
to contact me should you have questions or comments.
Sincerely,
B. Reid Settlemier
cc: Robert M. Karber
Howard Fuchs