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HomeMy WebLinkAboutMINUTES - 04211987 - 1.117 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 22, 1987 SUBJECT: Collect and Convey Requirements as Applied to Application of Land Use Permit 2147-84, Eugene Macedo (owner) , Byron Area Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDED ACTION: APPROVE exception to the "collect and convey" requirements of Division 914 of the Subdivision Ordinance for Land Use Permit 2147-84. REASONS FOR RECOMMENDATION/BACKGROUND: On August 20, 1985, the Board granted a conditional waiver based on: (1) Approval of a Kellogg Creek Flood Control and Drainage Plan being adopted by the Board of Supervisors. (2) Assurance from the Soil Conservation Service that they approve the Plan. (3) Assurance from the Flood Control District that adequate funds will be available from the Soil Conservation Service and other entities to completely fund the project. On February 10, 1987, the Board authorized staff to commence engineering work for the construction of channel improvements on Kellogg Creek from Bixler Road downstream to the Highway 4 Bridge at Discovery Bay. The improvements downstream of the Highway 4 Bridge are currently under construction by the Hoffmann Company. On March 4, 1987, the Flood Control District held the first community meeting on the completed Draft Environmental Impact Report/Environmental Impact Statement for the Kellogg Creek Detention Basin Project. The three conditions stated above for the granting of the exception are still one to two years from a reality. However, completion of the downstream improvements below Bixler Road will occur this year. Based on the completed EIR for the Kellogg Creek Project and the imminent downstream creek improvements we believe that the Board can make the necessary findings to grant an exception to the "collect and convey" requirements of the County Subdivision Ordinance and that the Boards' intent, in the Board Order of February 10, 1987 , calling for progress toward implementation of drainage improvements has been met. FINANCIAL IMPACT: None CONSEQUENCES OF NEGATIVE ACTION: Failure to grant the exception will postpone the construction of the proposed gas station for an additional one to two years. Continued on attachment: yes Signature: Recommendation of County Administrator Recomm ation of Board Committee Approve Other: Signature(s): Action of Board on: APR 21 U7 Approved as Recommended Other Vote of Supervisors _ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Vis: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested APR 21 1987 Orig. Div.: Public Works (FC) Phil Batchelor cc: County Administrator Clerk of the Board of County Counsel Supervisors and County Community Development Dir. Administrator By , DEPUTY MFK:md 6a_t4