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Home My WebLink About05.a. Review draft to authorize a real property agreement for Class 2 Encroachment at 260 Camino Sobrante, Orinda Page 1 of 5 Item 5.a. CENTRAL SAN BOARD OF DIRECTORS . , , . POSITION PAPER . , DRAFT MEETING DATE: JULY 20, 2022 SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2022- AUTHORIZING (1) EXECUTION OF A REAL PROPERTY AGREEMENT FOR A CLASS 2 ENCROACHMENT AT 260 CAMI NO SOBRANTE, ORI NDA, AND (2)AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, REAL PROPERTY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ISSUE A resolution of the Board of Directors is required to execute a real property agreement and to record the document with the Contra Costa County Recorder. BACKGROUND Staff received an application for a home remodel that includes an elevator for an elderly parent with mobility issues. By installing the elevator, the front entry to the home requires reconfiguration, extending improvements into Central San's 8-foot sanitary sewer easement including: the front entry, support walls, a corner of a new"utility" room on both first and second levels, and exterior stairs. Central San was granted a 5-foot sanitary sewer easement in 1973 when the original 6-inch sewer main was installed. The home was then built over the sanitary sewer and Central San required the sewer main to be relocated to a new alignment, for which an 8-foot exclusive easement was granted in 1974. 1 n a previous conversation, the property owners suggested they would be agreeable to an easement exchange along the edge of the parcel in the future, but they have obtained a variance from the City to construct within the 5-foot setback; so any renovation of the sewer will be impacted by the proposed July 20, 2022 REEP Committee Meeting Agenda Packet- Page 23 of 53 Page 2 of 5 encroachments (see Attachments 2 and 3). Staff spoke with the Applicant's architect about adjusting the configuration of the improvements to remain clear of the 5-foot setback and he believed that the Applicant would be agreeable if that would mitigate the future sewer impact to the satisfaction of Central San to authorize execution of a real property agreement. Staff informed the property owners that the Board of Directors are required to authorize encroachments, which are classified as Class 2 encroachments under Chapter 7 of the District Code. The property owners requested that staff proceed with their request to the Board of Directors to enter into a real property agreement for the improvements that will encroach into the sewer easement. ALTERNATIVES/CONSIDERATIONS 1. Reject the request for a real property agreement to authorize the improvements as currently proposed, but authorize a real property agreement if the proposed improvements are modified so as not to be constructed within the 5-foot setback. 2. Authorize Real Property Agreement with encroachments as currently proposed. 3. Reject the request for a real property agreement to authorize any encroachments. 4. Provide other direction to staff. FINANCIAL IMPACTS A development-related fee was paid for the real property agreement, as set by District Ordinance No. 317. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this subject at its meeting on July 20, 2022 and recommended RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing (1) execution of a Real Property Agreement for a Class 2 encroachment at 260 Camino Sobrante, Orinda, and (2) authorizing staff to record documents with the Contra Costa County Recorder. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 3- Build neighborhood and industry relations ATTACHMENTS: 1. Proposed Resolution 2. Site Plan 3. Proposed House Rendering July 20, 2022 REEP Committee Meeting Agenda Packet- Page 24 of 53 Page 3 of 5 Attachment 1 RESOLUTION NO. 2022- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT 260 CAMINO SOBRANTE (APN: 262-101-008) BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby authorized to execute a Real Property Agreement with the following property owner related to the indicated property: Assessors' Parcel No.: 262-101-008 Property Owner(s): Andrew B Coy TRE Site Address: 260 Camino Sobrante, Orinda, CA 94563 THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said documents for and on behalf of Central San; and THAT staff is authorized to record the documents in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 4t" day of August 2022 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District July 20, 2022 REEP Committee Meeting Agenda Packet- Page 25 of 53 Attachment 2 GeoPortal Map of Existing Site Proposed Encroachments I 5 rT i)4•y'f- -� -Acv L R ._ P...�.� - ^S'- =.., � � + � eYA Ef S ` t V I Edsft B-it Sewer `3 Easement ar,d 8" ` L r 4.r 26c7CAMIN4. I I SOBRANTE4 _ - _. 1 1. ` y�-C`• I I �I —— y a ertxr.mnnx 114E 1 ....xLT. • I I I 1 �• ' � ,{ � - -:.�.:; ' '. I I I � �I a ,.d6ntlS:15LTxk 541setbarxt= praperty line 77. to i i Ir �r,'x.a - �- � ?� •,r 9 � _ .}�';}•- fid".' �"Vr ;T� 4 1... July 20, 2022 REEP Committee Meeting Agenda Packet- Page 26 of 53 Page 5 G 5 Attachment 3 IF -_CLg__A_ 1EAsnNa fEW�Ec-n%M RENDERINGS _N--�C44 Z : .�_m_ � \ � ^ . . G.� - E 2f - . \ «\ ` . � "%�q� IRO�aRP61!rem Aar�*wMACE 2 \ a ` / \\ A . w ' PROPOSED FERSPELTIVF RFENOF-R waa July 2$ 2022 REEP Committee Meeting agenda Packet- Page 27 G 53