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k.01 Raymond Hoo -2- COMMENTS ON DEVELOPMENT PA-05-829 (MS) 2. APPEAL STATEMENT: Remove Public Works' Condition of Approval, Recommendation No. 2, stating "The owner shall execute an Irrevocable Offer and Agreement to Dedicate Road to result in a twenty-five(25) foot wide right-of-way from the centerline of Thalheim Colony Tract Road to the property line across the frontage of Parcel 1, 2, and 3." RESPONSE: The applicant's proposed project will create new lots which have access to a County- maintained roadway via a private road. Section 9-1150.15(e), "Private Right-of-Way Improvements- New Lots", of the Development Title states: "If it is found in the review of the tentative map that in the future it may be necessary to include the right-of-way in the County's road system, the applicant shall make an irrevocable offer of dedication of the right-of-way to the County and execute a Deferred Frontage and Roadway Improvement Agreement." The private road known as Thalheim Colony Tract Road is part of an antiquated subdivision. The road has the potential to be in the County's road system. The applicant shall therefore make an irrevocable offer of dedication of the necessary right-of-way. 3. APPEAL STATEMENT: Change Public Works' Condition of Approval, Recommendation No. 4 to "Thalheim Colony Tract Road shall be a 40 foot-wide private roadway with an agreement recorded with San Joaquin County, delineating maintenance and repair responsibilities by landowners utilizing the access roadway for ingress and egress and shall be constructed in conformance with the standards for a fire apparatus access road with a minimum 20 foot-wide unobstructed "all weather access road" from Henry Road to the east line of proposed Parcel two. A standard cul-de-sac bulb or approved alternate turn-around(hammerhead) shall be provided on proposed Parcel Three". RESPONSE: The applicant is proposing to create additional lots with access to a County- maintained roadway being provided by a private road. Section 9-1150.15(d), "Private Right-of-Way Improvements-New Lots", of the Development Title states: "A maximum of six (b) existing and/or potential lots may be served by the private right-of-way or the private right-of-way shall be improved to San Joaquin County Improvement Standards for public roads;" The number of lots created by this proposed development, along with current existing parcels and the potential parcels that are able to be created in the future, exceeds the six-lot maximum proscribed by the Development Title. Therefore, the roadway must therefore be improved to County Roadway Standards. RECOMMENDATIONS: Deny the Revision of Approved Actions application DG:SH:av P.ICOMMENTSIMSWJZ 20051PA-0500824 REVISIONS-pd