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Council approves River Haven second-amendment package after public hearing
Summary
After a public hearing, Oakley council approved a package of changes to the River Haven development agreement — including a 10-year term, crawl-space plumbing rules, optional limited privacy fencing, an affordable duplex with deed restriction requiring primary residency, and a 10-foot setback reduction for Lot 108 — and authorized staff to finalize the agreement.
Oakley City Council approved a second amendment to the River Haven development agreement on motions that the council took item-by-item on June 10.
Planning staff introduced a broad package of technical and policy changes to the 16-lot subdivision, saying the amendment updates an earlier 2024 agreement and addresses buildability, open-space protections and required infrastructure. Councilors voted to set the agreement term at 10 years, allow crawl-space foundations with sump pumps so long as discharge is not routed to the city wastewater system, and require developers to transfer trail funds from escrow to the city for an earmarked Millrace Trail project.
The council also addressed fencing and open-space protections. Residents and the planning commission urged that Parcel A remain protected by a conservation easement; the developer had proposed a deed restriction instead. Kevin Barker, a nearby resident who spoke during the public hearing, said a conservation easement “is a perpetuity” and urged councilors not to abandon the easement option. The council approved language that makes the city a third-party beneficiary of the subdivision’s covenants and restrictions to preserve protections if the homeowners association becomes insolvent, while leaving the final form of the open-space protection to staff negotiations.
On fencing, the council limited the Millrace entry fence to 100 feet but allowed the developer the option to extend a consistent “core 10” style fence along a longer stretch if homeowners chose to participate; councilors also granted River Haven residents the option to install an opaque, limited-style privacy fence along the State Road 32 boundary (restricted to the core-10 material and a 5.5–6-foot height) but did not require its installation.
Councilors also accepted the developer’s plan to meet Oakley’s affordable-housing obligation by building a deed-restricted duplex unit on Lot 107 and paying a fee-in-lieu for the remaining 0.2-unit obligation; the council amended that motion to require the deed-restricted unit be owner-occupied as a primary residence.
A discrete technical request from the owner of Lot 108 — to reduce the city river setback for that lot from 100 feet to 90 feet because the recorded building envelope was inconsistent with the original plat — was also approved. Council staff read findings into the record that they said justified the accommodation and directed staff and the owner to submit a subsequent plat amendment to make the change permanent.
Following the item-by-item votes, the council approved the amended second amendment and authorized staff to finalize and execute the development agreement, including the changes on term, crawl-space plumbing, fencing, affordability deed restriction language and the Lot 108 plot amendment. The council’s adoption includes a provision that allows the city to enforce CC&Rs if the HOA dissolves but does not force the city to assume maintenance obligations.
The development agreement returns to staff for final drafting; the planning commission and the council will hold additional hearings as required by code before the agreement is fully executed.
