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TO:
BOARD OF SUPERVISORS
Contra
FROM: Internal Operations Committee Costa
DATE: February 25, 1985 v `'^,rity
SUBJECT: Land Use Planning Along Creek Banks
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Direct the County Administrator to convene a meeting of the Public Works Director,
Director of Planning, Building Inspector, and County Counsel to outline the issues
that are involved in this subject and return to our Committee March 25, 1985 with at
least a status report on the following:
1. A concise description of the current problem.
2. A summary of the current applicable State and local laws and ordinances.
3. A discussion of several possible solutions.
4. A discussion of the possible County liability issues involved in each
possible solution.
5. Any staff recommendations for action which could or should be taken by the
Board to solve the problem.
BACKGROUND:
On February 19, the Board referred to our Committee the issue of land use planning along
creek banks. Our Committee met with staff from the Public Works and Planning Depart-
ments and County Counsel on February 25 for a preliminary discussion of this subject.
The problem involves existing or proposed development along creeks. Where the creek
channel is inadequate in terms of either capacity or tendency to erode, existing
residences can be flooded or have their property, and sometimes their homes, washed
away. Currently, Flood Control requires a drainage easement in an effort to avoid
this problem, or requires the developer of a large project to improve the creek channel .
The amount of drainage easement that is required can present problems because under
some circumstances a property owner can be faced with a situation when he is severely
limited in terms of the area on his lot where he can build. At times, potential buyers
are unaware of the easement, or its extent, and the implications it can have on his
ability to use his land. Inadequate easement areas can create safety problems.
Excessive easements intrude on an individual 's right to use his property.
County acquisition of land along creek banks subjects the County to increased liability
exposure for future flooding or erosion. Reaching a balance among issues of environ-
mental protection, safety, the rights of property owners, and government liability
requires a thorough exploration of the issues involved and potential solutions.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF B RD COMMITTEE
APPROVE �
V•• ot
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SIGNATURE(S) Tom Torlakson Tom s
ACTION OF BOARD ON arch 5, 1985 APPROVED AS RECOMMENDED X OTHER XX
Also DIRECTED that report be forwarded to the three area Planning Commissions and
to the various City Planning Departments.
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 SUPERVISORS ON THE DATE SHOWN.
County Administrator � .S /98.5
CC: Public Works Director ATTESTED
Deputy P.W.Dir.--Flood Control
Planning Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Building Inspector SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
M3e2/7-ss Area Planning Commissions BY DEPUTY
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