HomeMy WebLinkAboutMINUTES - 12181984 - X.8 TO: BOARD OF SUPERVISORS
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FROM: Phil Batchelor,
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County Administrator Costa
DATE: December 14, 1984 County
SUBJECT: Policy Regarding the Consideration of CC&R' s in Making
Planning Decisions
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt policy statement indicating that in its deliberations and decisions
the County Planning Agency should consider known convenants, conditions
(CC&R' s) and restrictions and, where possible, entitlements should reflect
those CC&R' s.
BACKGROUND
On August 7, 1984 Supervisor Tom Torlakson submitted to the Board for its
consideration a proposed policy statement regarding the above subject.
This issue arose out of concerns expressed by residents of Discovery Bay.
They were concerned that CC&R' s enacted by their Property Owners Association
were not being taken into consideration in County Planning Agency decisions.
The proposed policy has been reviewed by the Director of Planning and County
Counsel and is recommended for adoption.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
- E RECOMMENDATION OF COUNTY ADMINISTRA R RECOMMENDATION5BOARD COMMITTEE
-sem-APPROVE OTHER 1
V
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
00 1'78
VOTE OF SUPERVISORS
X
` UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISOR,% ON THE D TE SHOWN.
CC: ATTESTED U H f�
Phi! Batchelor, Clerk of the Board of
Supervisors and County Administrator
k6o ��
M382/7-83 BY �•
, DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
December 18 , 1985
Adopted this Order on by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , Torlakson.
NOES: None .
ABSENT: Supervisor McPeak .
ABSTAIN: None . RESOLUTION No . 84/762
SUBJECT: Policy Regarding the Consideration of CC&Rs in Making
Planning Decisions
WHEREAS, Covenants, Conditions and Restrictions (CC&R' s) are prepared
and imposed upon subdivision in order to insure the quality of development;
and
WHEREAS, these CC&Rs are frequently more restrictive than the property
development standards contained in the County Ordinance Code; and
WHEREAS, the restrictions imposed through CC&Rs are enforceable by
anyone who is a party thereto but are not enforceable by the County; and
WHEREAS, from time to time persons owning property within a subdivision
with CC&Rs will apply for a variance or other entitlement (land use permit,
minor subdivision) from the County, which application is permitted by County
Ordinance but not by the CC&Rs; and
WHEREAS, the findings required for the granting of such entitlement
are contained within the County Ordinance Code and do not require a finding
of consistency with recorded CC&Rs; and
WHEREAS, because the CC&Rs were not addressed in the Planning agency' s
decision on such entitlement, appeals have been filed.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests that the
Planning agency consider known convenants, conditions and restrictions in
its deliberations and decisions and that where possible entitlements
reflect said CC&Rs; and
BE IT FURTHER RESOLVED that nothing contained in this resolution shall
prohibit or limit the Planning agency from considering all testimony and
reports regarding the matter, nor its ability to render a decision consistent
with State law and the County Ordinance Code.
I hereby certify that this is a true and correct copy of
an action iaken and entered on the minutes of the
Board of Supe=rs he date shown.
ATTESTED: 'lA /Z) d p /
PHIL BATCHELOR, Clerk of the Boird
of Supervisors and County Administrator
Deputy
BY . P Y
Orig. Dept.: Supervisor T. Torlakson
CC: Director of Planning
County Administrator
Discovery Bay Property Owners Association 00 179
RESOLUTION NO . 84/762
a
1 . policy .covenants conditions & restrictions
2. PLANNING DECISIONS CC&RS. res € 4/762.