HomeMy WebLinkAboutMINUTES - 04031990 - 2.9 2 . 9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 3 , 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak and Fanden
NOES: Supervisor Torlakson
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeal By Vincent McClun On Minor Subdivision
106-88 In The Alamo Area.
On February 13 , 1990, the Board of Supervisors tabled the
decision on the appeal by Vincent McClun from the decision of the San
Ramon Valley Regional Planning Commission serving as the Board of
Appeals sustaining the decision of the Zoning Administrator on the
request by Vincent McClun (applicant) and Paul and Loretta Wilhelmsen
. (owners) for a minor subdivision (MS 106-88) to divide 1. 5 acres into
two parcels with a subsequent request for an exemption from the
"collect and convey" drainage requirements in the Alamo area.
The matter being scheduled for decision today, Supervisor
Schroder commented on the history of the matter before the Board
advising on the cost of the collect and convey for this parcel. He
indicated he wished not to do anything to undermine the collect and
convey ordinance but also not to be punitive to the appellant. He
advised that he intended to vote to grant the appeal and require
certain off-site drainage improvements.
Milt Kubicek, Public Works Department, commented on the Public
Works recommendation for the collect and convey requirement. He
advised that, if the Board wants to grant an exception because there
are overriding circumstances in this particular case, he would
recommend that off-site improvements be required. He commented on the
applicant' s suggestion of a concrete-lined ditch downstream from the
subdivision site through the next property discharging into an earth
ditch beyond that, and he recommended that the applicant be required
to go 500 feet to where the channel is better defined but that as a
minimum he should at least put in an underground system that in fact
can be maintainable in the future.
Supervisor Schroder advised that he would like to grant the
appeal today and have Flood Control, the applicant and the two
downstream property owners work together on a solution that would be
agreeable to all and if there were a problem the matter could come
back to this Board.
Supervisor Torlakson requested further review of the matter by
County Counsel on potential legal problems, and commented on the
precedent-setting issue.
Supervisor Schroder commented on the minor compromise that he was
suggesting.
IT IS BY THE BOARD ORDERED that the appeal of the collect and
convey requirement in the approval of MS 106-88 is GRANTED; and the
general issue of the legal implications of allowing exceptions to the
collect and convey ordinance is REFERRED to County Counsel for review.
cc: County Counsel
Community Development t ttereby certify that this Is a true and correct copy of
Vincent McClun an action taken and entered on the minutes of the
Public Works—Tom Dudziak Board of Supe ora on the date shown.
ATTESTED:
PHIL Ii-AlOELOR,Clerk of the Board
Supe ' ors and County Administrator
By ,Deputy