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HomeMy WebLinkAboutMINUTES - 08171999 - C204 _ 9 ontra TO: BOARD OF SUPERVISORS Costa FROM. DENNIS M. BARRY, AIOP County COMMUNITY DEVELOPMENT DIRECTOR DATE: August 17, 1999 SUBJECT: Request by Greenbriar Bel Aire Company to Arend a Recorded Conservation Easement for the Stonebridge Estates Project, County File DP913003 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Approve the requested amendment to the recorded Conservation Easement. EI80AL IMPACT None. The cost for processing the Modification is borne by the applicant. BACKGROUND/REAS—ONS FOR REQOMME�II�A lI N On November 9, 1993, the Board of Supervisors approved the Stonebridge Estates project, which included 51 homes and common open space areas. Condition of Approval 12 required the recording of a Conservation Easement, which prohibits the construction of structures within the easement. The Conservation Easement was recorded with the filing of the Final Map on August 1, 1995, On February 22, 1999, the County Zoning Administrator approved a modification to the final development plan for the Stonebridge Estates project, which included construction of a two to four foot high retaining wall and a lot line adjustment between ars open space parcel and an adjacent homeowner. The Modification allows the installation of an access road to allow maintenance of open space Parcel C. As part of the Zoning Administrator's decision, the applicant was required to remove development rights from that portion of open space Parcel C that was given to the adjacent homeowner and deed development rights over the Maintenance access road being added to open space Parcel C. The modification to the Conservation Easement would also allow the construction of the aforementioned retaining wall. The lot line exhibit included with this Board Order identifies the area to be exchanged and the location of the retaining wall. CONTINUED ON ATTACHMENT: x YES SIGNATURE F­�; —:1§ RECOMMENDATION OF MUNTY AMINISTRATM REC-OM-MENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATUREJSJ ACTION OF BOARD ON August 17 ,-19j-9--APPROVED AS RECOMMENDED x�OTHER VOTE of SUPERVISORS 1 HEREBY CERTIFY'THAT THIS IS A TRUE X�: UNANIMOUS AN€ +lo€�S ABSENT - AND CORRECT COPY OF AN ACTION TAKEN ACES; NOES, AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact, Debbie Chamberlain(925/335-1213) _ 1 7$ rt cc; Car ry uritgr-Development-Development-DevelopmenteparEn a?t(CDD; ATTESTED Aiz s t#HIL BATCHELOR,CLERK OF Public World THE BOARD of SUPERVISORS AND COUNTY ADMINISTRATOR vC/n:p B ,DEPUTY H:boarc orders\DP913003 �e County File DP913003 Board of Supervisors August 17, 1999 Page 2 The language of the Conservation Easement would be modified as follows (with the addition in bold text): Areas within the lots designated as Conservation Easement are dedicated to Contra Costa County as an easement for the permanent preservation of visual open space. Easement areas are restricted development areas. All structures, with the exception of the retaining wall along the maintenance access road located along the northern property line of Lot 19 as approved by the County Zoning Administrator on February 22, 1999 (whether a building is required or not) are prohibited within the easement. Improvements within the easement are limited to landscaping and open wire fencing with six-foot or greater centers. CONSEQUENCE OF A NEGATIVE ACTION A negative action by the Board of Supervisors would result in the approved modification becoming null and void, and the homeowners association having to find alternate access to the open space parcel for 'landslide repair and maintenance. t# 0 t4-79-40 i" New Lotline .8 1 1 7d077" 17. WNW 12-56' . S15'38'21NNE 22.97 ELE ASSOCIATES INC � 18, 1998 SCALE: 1" c�° CML ENGINEERING-LANDPLANNING-LAND D Sl RVEYING �~ I PH. (S 1 G) 685-4569 2210 DIAMOND BLVD,, SUITE 100 CONCORD CA. 94520 EAHIBIT B jf I f ,\ fi} ; ,t /_'i ji f' lttl i i j It 1 \ ii, ,� t EXHIBIT "A" All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL A A portion of Subdivision 7633, filed August 10, 1995, in Book 381 of daps at page 36, its the office of the Contra Costa County Recorder, farther described as follows; Commencing at the most northerly corner of Lot 19 of said Subdivision 7633 (381 36); thence along the west line of said Lot 19 South of Subdivision 7633 (3181 M 36 ) South 29'45' 00" West, 13.84 feet to the Point of Beginning of the herein description; thence forth 79'4W 13" Fest, 22.85 feet; thence South 29'16'49" West, 107.€18 feet; thence South 4'03' 46" test, 47.69 feet to a point in the gest line of said Lot 19; thence north 29°44' 57" East , 157.66 feet along said west line to the Point of Beginning. Containing an area 2,787 square feet, more or less. PARCEL B A portion of Lot 19 of Subdivision 7633, filed August 10, 1995, in Book 381 of Maps at page 36, in the office of the Contra Costa County recorder, further described as follows: Beginning at the most northerly comer of said Lot 19 of said Subdivision 7633 (381. 36); thence from said point of beginning along the north line of said Lot 19 South 57°43' 57" East, 186.33 feet to an angle point in the north line of said Lot 19; thence South 15'38' 21" East 22.97 feet; thence South 70"4334" `west, 12.56 feet; thence North 17*07' 27" West, 17.78 feet; thence North 5747' 05" test, 181.46 feet; thence North 29'45' 00" East, 13.84 feet to the Point of Beginning. Containing ars area of 2,788 square feet, more or less. 9016919A.Lor