HomeMy WebLinkAboutMINUTES - 08181987 - 1.52 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: AUGUST 18, 1987
SUBJECT: MODIFICATION TO CONDITIONS OF APPROVAL FOR MS 61-86 IN THE
MARTINEZ AREA
Specific Request(s) or Recommendation(s) & Background Justification
I. RECOMMENDED ACTION:
Direct the Director of the Community Development Department to modify
the conditions of approval of MS 61-86 to allow the deferment of the
subdivision storm drainage requirements of County Ordinance Code 914-
2.006(a) by executing a Deferred Improvement Agreement.
Direct the Public Works Director to prepare a Deferred Improvement
Agreement for execution by the developer that will assure the
improvements are built when building permits are applied for.
II. FINANCIAL IMPACT:
None
III. REASONS FOR RECOMMENDATION/BACKGROUND:
On July 21, 1987 and on July 28, 1987, this Board referred to the
Public Works Director a matter that related to a request from Dorothy
Plummer, the developer of MS 61-86, to modify the conditions of
approval with regards to the storm drainage requirements. The
developer's attorney from the offices of Trembath, McCabe, Schwartz,
Evans and Levy had requested the conditions of approval be modified to
defer construction of the subdivision drainage requirements to the time
when a building permit is applied for.
The Board considered an item on the July 21, 1987 agenda submitted by
the Public Works Director recommending the request to modify the
conditions of approval of MS 61-86 be denied. The Public Works
Department had notified the developer's attorney of the Board date and
staff's recommendation, but had not notified the developer. On July
21, 1987 this Board deferred deciding on the developer's request until
Continued on attachment: X yes Signature:
Recommendation of County Administrator Recommenda - o oard
Approve Other: C i.ttee
Signature(s):
Action of Boardon: AUG IR R7 Approvedas Recommen a _X_ Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
--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 AUG 18 1987
PHIL BATCHELOR
CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINIST TOR
By
July 28, 1987; and asked the Public Works Director to contact the
developer and explain staff' s recommendation on the requested
modification to the conditions of approval .
On July 28, 1987 this Board considered the recommendation of the Public
Works Director and heard testimony from the developer explaining the
need and reasons for requesting the modification to the conditions of
approval . Having considered the matter, this Board decided there was
merit in the developer's request and approved the modification to the
conditions of approval to allow the deferment of the subdivision storm
drainage requirements until building permits are applied for. ` In
approving the developer's request this Board expressed concern about
setting a precedent in deferring the storm drainage requirements, but
was satisfied that the circumstances surrounding this specific request
were unique and would not constitute a precedent for other developers.
This Board then requested the Public Works Director to prepare the
necessary agreement to allow the drainage improvements to be deferred.
IV. CONSEQUENCES OF NEGATIVE ACTION:
None
Orig. Div.: Public Works (ES)
cc: County Administrator, Attn: J. Gregory
Director of Community Development
Clerk of the Board
D. Heisch (Referral )
Flood Control
Dorothy Plummer
140 Hill Girt Ranch Road
Martinez, CA 94553
BO:18.t8