HomeMy WebLinkAboutRESOLUTIONS - 12181984 - 84-762 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 . REO�UTION 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 taken and entered on the minutes of the
Board of Sapery rs�onn,�the date shown. J
ATTESTED: .RAJ t&w & ( Y
PHIL BATCHELOR, Clerk of the Boird
of Supervisors and County Administrator
�Y Deputy
Orig. Dept. Supervisor T. Torlakson
CC: Director of Planning
County Administrator
Discovery Bay Property Owners Association 00 179
RESOLUTION NO . 84/762