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HomeMy WebLinkAboutMINUTES - 03191985 - 2.2` TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MARCH 19, 1985 SUBJECT: APPEAL BY OWNERS OF SUBDIVISION MS 39-84, LIVORNA HEIGHTS, ALAMO AREA Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATIONS: 1. Except "collect and convey" provisions of Subdivision Ordinance 9144.006 as applied to Subdivision MS 39-84. 2. Developer to restrict construction of new impervious surfaces on Lots A and B such that resulting total impervious surface does not exceed 10,545 square feet. This restriction is to be accomplished by the developer granting to the County the develop- ment rights to Lots A and B of areas in excess of the 10,545 square feet. The developer shall determine the impervious area to be allocated to each lot. The impervious area for each lot shall also be noted on the parcel map. 3. Authorize the Public Works Director to sign parcel map upon developer's compliance with Recommendation 2 above. BACKGROUND Geoffrey W. and Beth Lisa Huwer obtained all approvals required for subdividing their property into two lots. Approval included the "collect and convey" requirement. Apparently they believed that by not adding to the existing stormwater run-off, i .e. not increasing impervious surfaces, the collect and convey requirement would be met. When we said that was not so and therefore could not approve their parcel map, they wrote to Supervisor Robert I. Schroder on March 2, 1985, requesting that the Board of Supervisors review their appli- cation and find exception to the "collect and convey" requirement. Their property drains to the Jennifer Lane area which does not have adequate drainage facilities. On March 9, 1982, the Board of Supervisors adopted a policy of strict adherence to collect and convey requirements on all new development draininq into the Jennifer Lane area. Since then, numerous applications have been approved but with that requirement. Because those new developments proposed would in each case create additional impervious surfaces, it was and has been, a requirement that adequate drainage facilities be con- structed. This requirement has probably been a primary reason for new development not having occurred recently in the area. Subdivision MS 39-84 differs from the others in that the applicant proposes to,. remove existing impervious surfaces amounting to 10,545 square feet. If new impervious surfaces created are limited to the amount removed, then additional stormwater run-off will not be generated. In that case, the existing drainage problem downstream will not be worsened. In our opinion, the findings required to except the collect and convey requirement can, in this case, be made. There will be no detrimental effects to the public welfare or injury to other property in the territory in which the application is situated providing- the ultimate impervious surface on the two lots does not exceed 10,545 square feet. Once adequate drainage facilities are installed in the Jennifer Lane area, this restriction can be removed. Continued on attachment: yes Signatur Recommendation of County Administrator Recommend on of oar"ittee Approve* Other: Signature(s): Action of Board on: , / qR /9 If s' Approved as Recommended Other_ Vote of Supervisors j I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent j ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: I BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested Orig. Div.: Public Works Department (LD) PHIL BATCHELOR, CLERK OF cc: Public Works Department THE BOARD OF SUPERVISORS AND Land Development COUNTY ADMINISTRATOR Director of Planning bo:19a.T3 i By DEPUTY i