HomeMy WebLinkAboutMINUTES - 09181984 - T.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Order on September 18, 1984 , by the following vote:
AYES: Supervisors Powers , McPeak, Torlakson
NOES: None
ABSENT: Supervisors Fanden, Schroder
ABSTAIN: None
SUBJECT: Hearing on appeal filed by Schell and Martin, Inc. ,
. from the San Ramon Valley Area Planning Commission
decision on MS 25-84 in the Alamo area.
This being the time fixed for hearing on the appeal filed
by Schell and Martin, from the San Ramon Valley Area Planning
Commission decision on MS 25-84 in the Alamo area; and
Norm Halverson, County Planning Department , advised that
the applicant 's original application was approved by the Zoning
Administrator subject to conditions , that decision was appealed to
the San Ramon Valley Area Planning Commission and was subsequently
denied . Mr . Halverson advised that the applicants were appealing
only Condition No . 4 relating to the Collect and Convey requirements
under Title 9 of the Subdivision ordinance; and
The Chairman opened the public hearing; and
Leo H . Schell , applicant , advised that he met with staff
from the Contra Costa County Flood Control and Water Conservation
District , and advised that the staff was firm in its stand that this
proposed subdivision collect and convey storm waters 3000 feet to
the north. Flood Control estimated the cost in August 1982 at
approximately $500,000; and
Mr . Schell advised that he felt he was complying with the
law and that he was being requested to contribute to the welfare of
the neighborhood, and urged the Board to grant the appeal; and
Boyd Jewett , County Public Works Department , advised that
the opinion of the Public Works Department is that the existing
drainage system is inadequate and the land is susceptible to flooding;
and
Mr . Jimmy L . Stoner , owner, advised that he was being asked
by Flood Control to make a $750,000 dollar investment in improvements
and also advised that he has had a problem with drainage on this
property for approximately six years and has made his own improve-
ments , and commented that there have been other lots adjacent to his
own which had been approved without the condition of Collect and
Convey; and
Boyd Jewett stated that there may have been approved
building permits because the owners of the adjacent properties
already had entitlement to the properties and advised that the Title
9 policy has been rigidly upheld by the Board of Supervisors; and
Supervisor Powers inquired whether the water coming from
the subject property would drain through one culvert and then to a
natural water course; and
Boyd Jewett advised that the water goes through several
culverts and diverts through a water course, and also advised that
it goes through a ditch system that has been modified by property
owners; and
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The Chairman closed the public hearing, as no one else
desired to testify; and
Boyd Jewett commented that he was sympathetic with the
applicant but advised that he could not ignore the fact that
flooding gets worse downstream from the subject property and stated
that the pipe under Livorna Road is barely if at all adequate for
existing use; and
Supervisor Powers recommended that , if the Board decides
to follow the recommendations as made by the staff , that the
applicant's appeal be denied without prejudice; and
Supervisor Torlakson stated that he could not support the
removal of the Collect and Convey condition and commented that some
further discussions might be appropriate , and further commented that
he felt the Board could not allow a piecemeal solution as it would
be precedent setting; and
Supervisor McPeak recommended that since the subject pro-
perty was in District III , that the applicants should meet with
Supervisor Schroder to discuss any possible alternatives for this
project; and
Mr . Martin, applicant , commented that he would like to
have the opportunity to meet with Supervisor Schroder to present
additional information, and also commented that he has lived in the
subject area since 1978 and has never has any drainage problems; and
Supervisor Powers advised that he would like to grant this
appeal but did not feel that he could do so under the law and present
circumstances;
The Board members having discussed the matter , IT IS
ORDERED that the decision on the appeal filed by Schell and Martin,
Inc . from the San Ramon Valley Area Planning Commission decision on
MS 25-84 in the Alamo area is DEFERRED to October 23, 1984 at 2: 30 P .M.
cc: Schell & Martin
Jimmy L . Stoner
Director of Planning
Public Works Director
County Counsel
• f hereby certify that this is a true and correct copy of
an action taken and entered on the minuses of the
Board of Supervisors on the date Shown.
ATTESTED: �""-rC� J�f /98�
PHIL BAT HELOS, Clerk of the Bard
of Supervisors and County Administrator
By Deputy
so
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