Agenda

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C. 12

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 4, 2023

Contra

Costa

County

Subject:

Exonerating Deferred Improvement Agreement, required as a condition of approval, for Land Use Permit 316-72, Walnut Creek area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/04/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor

ABSENT:

Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Kellen O'Connor (925) 313-2278
cc:	Jocelyn LaRocque- Engineering Services Larry Gossett- Engineering Services Kellen O'Connor - Engineering Services Austin Pato - Engineering Services Renee Hutchins - Records Karen Piona- Records Ruben Hernandez - DCD SummerHill Oak Road LLC

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 4, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2023/100 exonerating the Deferred Improvement Agreement for Oak Road frontage improvements, required as a condition of approval for land use permit 316-72, executed April 22, 1975 between Contra Costa County and Jawslee Corporation, as recommended by the Public Works Director, Walnut Creek area. (District IV)

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

As a condition of approval for land use permit 316-72, the owner of the project site (Jawslee Corporation) was allowed to defer construction of road improvements along Oak Road frontage. The deferment and responsibility for future construction were secured through the Deferred Improvement Agreement (DIA) approved by the Board of Supervisors (Recorded May 2, 1975, Volume 7495 Official Records Page 960). In 1975, the City of Walnut Creek (City) annexed Oak Road along the frontage of the obligated property in 1985, but the property itself remains in the unincorporated County. Shortly after annexation, the City undertook a design and construction project to close gaps in the pavement widening and frontage improvements that remained, including this project site thus satisficing the obligation described in the DIA.

The Palmer School for Boys and Girls (Palmer School) operated on the property. In 2020, the Palmer School ceased operation and subsequently sold their campus, including the obligated parcels, to a developer who is currently constructing a condominium project (SD21-09559) on the property. City and County staff coordinated their review of street improvements along the Oak Road frontage and concurred that the improvements constructed under the City’s jurisdiction were adequate and no additional right of way dedications or widening were necessary. The developer requested we proceed with this action to terminate this encumbrance on the property.

CONSEQUENCE OF NEGATIVE ACTION:

The Deferred Improvement Agreement will remain in place as an encumbrance on the property and its owners.