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C) Ana lysis Background On July 1, 2008, the Community Development Department approved Minor Subdivision application No. PA- 0800110 to subdivide one 12.67 acre parcel into four parcels .and a designated remainder. On July 11, 2008 the applicant submitted the appeal of staff action to appeal Public Work's Conditions of Approval Recommendation #3, 7, 10, and 11. Specifically, the applicant is requesting a deferred frontage improvement agreement For Milton Road. Apipeal Statement In his appeal statement, the appellant states the following: i "You state the reason a neighboring parcel (PA-0500638) was granted a DFIA after the County initially required improvements to Eastern Heights Road was that they were unaware of the cost of the improvements due to power pole relocation...I can only assume the County is unaware also of the physical and financial hardship the County would create by requiring widening Milton Road...a culvert would need to be extended and improved, front yard landscaping that would have to be destroyed, and a large telephone box that will create quite a challenge for drainage if the road is widened. For the same reason PA-0500638 was granted a DFIA, I am requesting one for this project." Response to Appeal Statement The Department of Public Works is recommending denial of the appeal for the following reasons: 1. General Policy: It is at the option of the Department of Public Works to decide whether frontage improvement will be required vs. deferment of improvements. Factors that are considered include the following: a. Physical feasibility of constructing the improvements relative to existing conditions at i. the applicant's parcel(s), and ii. the right-of-way adjoining each side of the applicant's parcel. b. Benefit to the public (traffic volume and planned roadway designated design width vs. existing width). c. Reasonable nexus; a frontage improvement requiring extraordinary modifications (e.g. a 15' high retaining wall widening of a bridge or relocating a 48" high pressure gas line) in g 9 9 order to accommodate frontage improvements would not meet the criteria of a reasonable nexus for a minor subdivision. 2. Specifics regarding PA-08-110 (Fine Road and Milton Road) a. Physical feasibility, of constructing the improvements relative to existing conditions: i. It appears that the existing landscaping consists of cobbles that are illegally in off f the right-of-way relative) easily h right-of-way and can be relocated o o y Y Y the g y g ii. It appears that the existing culvert can be extended relatively easily iii. It appears that the existing right-of-way drainage ditch is very shallow and should be able to be accommodated between the shoulder and the concrete curb at the telephone equipment. San Joaquin County PA-08001101Ford Community Development Page 4 I i