HomeMy WebLinkAboutMINUTES - 07211987 - 2.1 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 21, 1987
SUBJECT: REQUEST TO MODIFY CONDITIONS OF APPROVAL . FOR MS 61-86 IN THE
MARTINEZ AREA.
Specific Request(s) or Recommendation(s) & Bac group us i ica ion
I. RECOMMENDED ACTION:
Deny request for modification of the conditions of approval for MS
61-86.
II. FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
On June 16, 1987 this Board referred to the Public Works Director a
letter dated June 2, 1987 from Trembath,. McCabe, Schwartz, Evans and
Levy on behalf of the developer, Dorothy Plummer, requesting a
modification to the conditions of approval for MS 61-86 with regards to
the storm drainage requirements. The minor subdivision is located in
the Alhambra Valley area of Martinez and was approved with conditions
on October 6, 1986. The conditions of approval do not grant an
exception to the "collect and convey" section of the Ordinance Code
that requires all storm waters flowing from the subdivision to be
conveyed. to an adequate man-made storm drainage facility or to a
natural watercourse. The subdivision is located on Alhambra Creek and
construction of a relatively short storm drain line from the low point
of the property to the creek would satisfy the Ordinance Code
requirements. The developer would like to defer the "collect and
convey" requirements to the time when building permits are issued. The
Ordinance Code, however, does not provide for deferment of the "collect
and convey" requirements, it only provides for granting an exception to
those requirements.
Continued on attachment: X. yes Signature: O C
Recom-men-dation—of County Admim s ra or ecomm a ion o oar
Approve Other: ommittee
Signature(s):
Action of Board on: July 21, Approved as Recommended OtherX
The Board DEFERRED decision on.' the request to July .28, 1987, and requested
the Public Works Director to contact the developer to explain the recommended
action. The Board FURTHER REQUESTED its Internal Operations Committee to
review the Boards policy and ordinance on drainage, to look at the feasibility
or provisision for deferring enforcement of Collett Conveyy� in th Building Per
Vote of Supervisors I HEREBY EER IFY-f-my +AIS I9 A TRUE Woe.
-X..- Unanimous (Absent ) AND CORRECT COPY OF AN ACTION TAKEN
Ayes AND ENTERED ON THE MINUTES OF THE
Noes BOARD OF SUPERVISORS ON DATE SHOWN.
Absent
Abstain
Attested July 21 , 1987
PHIL BAICHEEOR
CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
By
DEPUTY CLERK
Modifying conditions of approval and granting exceptions to the
Ordinance Code comes under the purview of the Community Development
Department. The Community Development Department, with concurrence
from Public Works, does not believe the necessary findings, pursuant to
Ordinance Code Section 92-6002, can be made to grant an exception to
the "collect and convey" requirements of the Ordinance Code. The
necessary findinjs to grant an exception to the Ordinance Code
requirements are 1 that there are unusual circumstances or conditions
affecting the property; 2) that the exception is necessary for the
preservation and enjoyment of a substantial property right of the
applicant; 3) that the granting of the exception will not be materially
detrimental to the public welfare or injurious to other property in the
territory in which the property is situated. With regards to the first
finding, there are no unusual circumstances or conditions that would
Prevent the developer from complying with the "collect and convey"
requirement, in fact, since the subdivision is located on the creek,
the cost to construct the storm drainage requirements would not be
considered an undue hardship. The second finding could probably be
made and the third finding could be made if the "collect and convey"
requirements of the Ordinance Code were assured prior to any building
within the subdivision.
The Community Development Department and the Public Works Department
recommend against granting an exception to the Ordinance Code
requirement and placing the drainage requirements on the building
permit. Deferring the design and construction of subdivision
improvements normally done 'by the developer as part of the subdivision
would place an additional , and probably unfamiliar, burden on the
homebuilder.
IV. CONSEQUENCES OF NEGATIVE ACTION:
None.
Org. Dept.: Public Works (ES)
cc: County Administrator, Attn: J. Gregory
Director of Community Development
Flood Control
D. Heisch - Referral
Trembath, McCabe, Schwartz, Evans & Levy
Attn: A. Segal
P.O. Box 27907
Concord, CA 94527-0607
Dorothy Plummer
140 Hill Girt Ranch Road
Martinez, CA 94553
BO:21.t7