HomeMy WebLinkAboutMINUTES - 11061984 - T.8 0
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Order on November 6 , 1984 , by the following vote:
AYES: Supervisors Schroder , McPeak
NOES: Supervisors Fanden, Torlakson
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: = Decision on appeal of Schell and Martin Inc . , from the
San Ramon Valley Area Planning Commission decision on
Condition No . 4 of MS 25-84 in the Alamo area .
The Board on September 18, 1984, closed the public hearing
and deferred decision to ,this date 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; and
Supervisor Schroder advised that this was a request to
create one additional building site , and commented that in order to
do so and comply with the Collect and Convey requirements of Title 9
there was an estimated cost of somewhere around $500,000 in order to
provide drainage to Miranda Creek . Supervisor Schroder stated that ,
in his opinion , this requirement seemed punitive, commenting that
this requirement does not allow an individual to enjoy substantial
property rights because of the drainage problems in the area, and
recommended that the Board grant the appeal , with conditions of
approval that would require the applicant to collect and convey the
waters to the County storm drain , and that it must be shown that the
improvements are adequate to accept the storm water; and
Supervisor Schroder also recommended that this parcel be
required to participate in any Assessment District to improve drainage
that may be formed in the future , and recommended that the Board
grant the appeal of Schell and Martin Inc; and
Boyd Jewett , County Public Works Department , commented
that although the Public Works Department was sympathetic with the
applicant in this project , that the Board of Supervisors has been
consistent in upholding the Collect and Convey requirements of Title
9; and
Mr . Jewett also stated that it was the opinion of the
Public Works Department that the necessary findings for approval of
this project could not be made , and commented that if this appeal is
granted it would then possibly open the doors for several other
applicants to make similar requests in order to develop their property
and
Supervisor Fanden commented that because of the statements
that had been made by the Public Works Department she felt the Board
might be subject to litigation; and
Supervisor Schroder stated that his recommendation was
that it would have to be proven that Collect and Convey could be
accommodated through the applicant's proposed system , and commented
that this problem, in his opinion, was punative and would not be
solved until an Assessment District is created in this area in order
to satisfy the need for proper drainage; and
Supervisor Torlakson commented that if the Board grants
the appeal and waivers the Collect and Convey requirements for this
proposal , it would be precedent setting; and
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Mr . Jewett advised that several other applicant 's projects
have been approved without exception to the Collect and Convey
requirements and stated that the concern of the Public Works
Department was that these applicants may come back and ask the Board
for modification of the Collect and Convey requirements; and
Supervisor Fanden recommended that this proposal be sent
back to the applicant 's architect , and maybe he could come up with
some measures that would alleviate any flooding of the property; and
Jim Stoner , owner of the subject property, appeared and
commented that this parcel , in his opinion , was adequate enough to
handle a development , stating that the culvert on Livorna Road was
an adequate man-made drainage structure , and requested the oppor-
tunity to demonstrate to the County that this would comply with the
Title 9 requirements , and also stated that he was not asking for a
waiver of= the Collect and Convey requirements for this project; and
Supervisor Torlakson addvised the Board members that there
was a motion on the floor, and inquired as to whether the Board
wanted to vote on that motion or reevaluate the motion; and .
Supervisor Fanden advised that she would vote no on the
motion until the proper findings could be made by the Public Works
Department; and
The Board voted in the following manner on the recommen-
dations made by Supervisor Schroder:
AYES: Supervisors Schroder , McPeak
NOES: Supervisors Fanden, Torlakson
Victor Westman , County Counsel , advised the Board that
three votes would be necessary in order to make a decision on a
planning matter , and recommended that the Board continue this matter
to another date; and
Board members considered the matter , IT IS ORDERED that
the decision on the appeal of Schell and Martin Inc . , from the San
Ramon Valley Area Planning Commission decision on Condition No . 4 of
MS 25-84 in the Alamo area is DEFERRED to December 4, 1984 at 2: 30 p.m.
Orig Dept: Clerk of the Board
cc: Director of Planning
Public Works Director
County Counsel
Schell & Martin Inc .
Jimmy L . Stoner
hereby certify that this Is a true,;ad no, -1 -Tr,of
an action taken crrd enter,;
Board of Supervisors en tiy:z cine
ATTESTED:
PHIL BATCHELOR Ciirk ci
Of Supervisors and County Ad:a?ris!rator
Deputy
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