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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1226 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Decision on ) Subdivision 5808, Appeal of } RESOLUTION NO. 81/1226 People for Open Space, Byron ) Area. ) } The Board of Supervisors of Contra Costa County RESOLVES that. On April 28, 1981, this Board heard and received all testimony and evidence presented concerning the appeal of the People for Open Space of the County Planning Commission's approval of the proposed tentative map for Subdivision 5808. At that time, the hear- ing was concluded and the Board indicated it was inclined to grant the appeal and directed the Planning staff to prepare appropriate denial findings for its considera- tion and adoption should it finally decide to deny the approval of the proposed map and grant the appeal . This Board,"has received for its consideration and possible adop- tion this staff-proposed resolution of findings to grant the appeal . This Board has reviewed and considered the contents of this resolution, the environ- mental impact report (including comments and responses) , the decisions of the County Planning Commission, all reports, testimony, and the relevant area and County General Plan documents (the April 4, 1978 East County Area General Plan) . Further, this Board concurs in and ratifies the previous certification by the County Planning Commission that the environmental impact report for proposed Subdivision 5808 is adequate and complete, and that it has been completed in compliance with the California Environ- mental Quality Act and state and local guidelines. Also, this Board declares that it has fully reviewed and considered the said EIR together with documents received dur- ing the public review process. This Board HEREBY DETERMINES and ORDERS that the appeal of the People for Open Space is HEREBY GRANTED, the County Planning Commission's approval of the proposed tentative map for Subdivision 5808 set aside, and the application of Merrill , Thiessen & Gagen denied, in part, based upon the following findings and reasons. 1. The proposed subdivision is premature with respect to the East County General Pian and that the General Plan should be further re-examined and interpreted for this site with respect to agriculture preservation and water policy. 2. This Board cannot find that the proposed subdivision (and its design and improve- ment) is not likely to cause serious public health problems. It appears significant septic tank limitations and problems will probably result for the lots remaining should the Los Vaqueros Reservoir be established, which limitations and problems should have been addressed and resolved during the Planning Commission's map review and was not done. Further, as noted below, it appears that individual wells are not viable for each of the parcels proposed to be created. The proposed subdivision is not designed in a manner to insure adequate water provision to prevent the likely develop- ment of subsequent public health problems. 3. This Board determines that it cannot make the findings required by Ordinance Code §92-6.002 to allow exceptions to the Subdivision Ordinance's standards required to support the Planning Commission's modifications of Conditions of Approval 2-E, 2-F and 5. Since the Planning Commission did not make any findings to support such condition exceptions and this Board finds circumstances do not exist to support such, it will not allow exceptions from required subdivision road improvement standards and utilization of a community water system. The applicant's representative has indicated that individual wells for the proposed parcels is not possible (viable) and this Board cannot ,justify the utilization of a community water system; therefore, the approval of the proposed subdivision application would be likely to encourage serious public health problems (water, sewer, septic tank problems, etc.) . RESOLUTION NO. 81/1226 4. The proposed subdivision conflicts with the County's water policies and is incompatible (potential adverse impact) with a planned future water storage reservoir. PASSED AND ADOPTED by the Board on October 20, 1981 by the following vote: AYES: Supervisors Fanden, McPeak, Powers NOES: Supervisors Schroder, Torlakson ABSENT: None I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of October, 1981. J. R. OLSSON, Clerk t By '�- X^ y �0 Lia Page r,v Deputy Clerk cc: Merrill , Thiessen & Gagen Bankhead Ranch People for Open Space Congressman George Miller Director of Planning Public Works Director County Counsel County Administrator -2- RESOLUTION NO. 81/1226