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River Haven amendment draws split vote over Highway 32 privacy fence; commission approves water‑share transfer and other DA changes
Summary
Commissioners approved multiple River Haven development‑agreement amendments — including transfer of water shares to the city, fee‑in‑lieu affordable‑housing option and a recorded deed restriction for open space — but rejected a proposed cedar privacy fence along Highway 32 and did not fully approve a 5‑foot gabion fence at Millrace Road.
Oakley — The Planning Commission broke a complex River Haven development‑agreement amendment into line‑items and took separate votes on each request. The package included water‑share transfers to the city, removal of a secondary water system, a fee‑in‑lieu alternative to building an on‑site affordable unit, an open‑space deed restriction, and two fence requests (a gabion wall at Millrace Road and a cedar privacy fence on State Road 32).
Developer representative (identified in the discussion as Trevor) told the commission that buyers for the River Haven lots were ‘‘not willing to buy lots without some kind of privacy from both the neighboring homesites and the noise from the highway,’’ and argued that modest fencing and a taller gabion wall at the Millrace entry would make the subdivision marketable. Opposing commissioners said higher, privacy‑style fencing would box in the subdivision and change the community’s intended open character. Commissioners raised visual‑impact, wildlife movement and traffic‑safety concerns, and repeatedly urged the applicant to seek written consent from adjacent property owners along Highway 32 before the commission changed the original approved materials or heights.
Votes and outcomes (by line item): the cedar‑plank privacy fence along Highway 32 was not approved; the fee‑in‑lieu option (which would allow two market‑rate units on Lot 107 if the fee is paid instead of building the affordable unit) passed; converting the conservation easement approach to a recorded development restriction for open space passed; moving lot fences to the property line (while preserving limits on disturbance and prohibiting structures outside the building envelopes and wetlands) passed; transfer of water shares to the city and removal of the secondary water system passed; the proposed increase in gabion fence height at Millrace failed as presented.
Why it matters: The item combined aesthetic and technical tradeoffs — privacy and marketability for the developer versus the city's design expectations for open views, wildlife corridors and long‑term visual character. Staff and several commissioners said the city gains a tangible public asset in the form of water shares and the relief of not owning or maintaining an HOA secondary‑water system, which weighed in favor of approving some DA amendments.
Next steps: Where approval required recordation or deed transfers, staff and the developer agreed to include clear timing and transfer mechanisms in the development agreement and CC&Rs before the item advances to City Council.
