HomeMy WebLinkAboutMINUTES - 05091989 - 1.78 1. 78
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 9, 1989 , by the
following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 89/307
SUBJECT: In the Matter of the Appeal ' )
on Denial of Minor Subdivision)
102-87 - Certification of )
Related Environmental Review )
Documentation; Diablo Area )
The Board of Supervisors of Contra Costa County resolves that:
WHEREAS, a request by Marathon Partners (Applicant) and Thomas
Nokes (Owner) (MS 102-87) , for approval to divide 16. 3 acres into
three parcels, was received by the Community Development Department
on December 21, 1987; and
WHEREAS, for purposes of compliance with the provisions of the
California Environmental Quality Act, a Negative Declaration of
Environmental Significance was issued for the proposed project; and
WHEREAS, after notice thereof having been lawfully given a
public hearing was held by the County Zoning Administrator on June
6, 1988, whereat all persons interested therein might appear and be
heard, and at which time the public hearing was continued to July
11, 1988 , July 25, 1988, and to August 8, 1988; and
WHEREAS, on August 8, 1988, the County Zoning Administrator
approved the application with revised conditions; and
WHEREAS, Christopher P. Valle-Riestra, representing Save Mt.
Diablo, appealed the Zoning Administrator' s decision to the San
Ramon Valley Regional Planning Commission, acting as the Board of
Appeals, for public hearing and determination; and
WHEREAS, on September 21, 1988 , the San Ramon Valley Regional
Planning Commission held a public hearing on the appeal, whereat
all persons interested therein might appear and be heard, and at
which time the public hearing was continued to October 5, 1988, and
to October 19, 1988; and
WHEREAS, on October 19, 1988, the San Ramon Valley Regional
Planning Commission voted -to grant the appeal of Save Mt. Diablo
and deny MS 102-87; and
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RESOLUTION NO. 89/307
b a �
WHEREAS, on Wednesday, October 26, 1988, an appeal to the
Board of Supervisors was filed by Marathon Partners, Inca on the
Planning Commission decision; and
WHEREAS, a duly noticed public hearing was scheduled before
the Board of Supervisors on January 24, 1989, subsequently
rescheduled to February 7, 1989, at which time a public hearing was
conducted and afforded all present an opportunity to testify on the
appeal; and
WHEREAS, on February 7, 1989, the Board of Supervisors granted
the appeal of Marathon Partners and approved Minor Subdivision
#102-87 for three parcels with conditions.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors
accepts the Negative Declaration issued for this project to be the
appropriate determination with regards to compliance with the
California Environmental Quality Act; and
BE IT FURTHER RESOLVED that the Board' s approval decision is
based on the following findings with respect to the Subdivision Map
Act:
a. The approved map as modified by the Conditions of
Approval is fully consistent with the 1977 San Ramon
Valley Area General Plan.
b. The design and improvement of the approved subdivision is
consistent with the 1977 General Plan.
C. The site is physically suited for the type of proposed
development.
d. The site is physically suited for the proposed density of
development (one lot per five acres) .
e. The design of the subdivision or the proposed
improvements will not cause substantial environmental
damage nor substantially injure fish or wildlife or their
habitat.
f. Neither the design of the subdivision nor type of
improvements are likely to cause serious public health
problems.
g. Neither the design of the subdivision nor type of
improvements will conflict with public easements for
access through, or use of, property within the approved
subdivision. An alternative access route must be secured
for the existing East Bay Regional Park District easement
to conform with the approved subdivision configuration.
I i►ereby certify that this is a true and correct copy of
RHD:p 1p an action taken and entered on the minutes of the
cc: Community Development Dept. Board of Sups rs on the date shown'
County Counsel ATTESTED: -�� l
Ke 11 i n Alan PHIL.BATCH OR,Clerkrk
of the Board
=CouFAdministrator
Marathon Partners
Thomas M. Sherwood
B�f .Deputy
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RESOLUTION NO. 89/307