HomeMy WebLinkAboutMINUTES - 06041991 - 2.8 2. 8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 4, 1991 by the following vote:
AYES: Supervisors Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisors Fanden and McPeak
ABSTAIN: None
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SUBJECT: Hearing On Appeal By The Public Works Department
Relative to Minor Subdivision #12-90, Greg Cherezian,
Applicant and Owner; Elimination of Condition 4-E,
In The Oakley Area.
On May 7, 1991 , the Board of Supervisors deferred to this date
. the decision on the appeal by the Contra Costa County Public Works
Department from the decision of the East County Regional Planning
Commission eliminating Condition 4-E on the request by Greg Cherezian
(applicant and owner) for approval of a minor subdivision (MS 12-90)
to divide 8. 22 acres into two parcels ( 5. 96 acres and 2 . 26 acres
respectively) in the Oakley. area.
Supervisor Torlakson commented on language submitted by Mr.
Cherezian relative to conditional approval of the subdivision based on
the applicant Cherezian' s representations that he recognized the
proposed lot (Parcel B) is unbuildable and will remain so
until the current drainage pond use and easement is abandoned at some
future time and the applicant' s offer to re-dedicate the parcel area
for such drainage use.
Milt Kubicek, Public Works Department, commented on a suggestion
from the. Oakley Municipal Advisory Committee of a document prepared to
the satisfaction of County Counsel and the applicant that they would
agree to the subdivision proceeding with 10,000 square feet of
buildable property outside of the drainage easement being the Parcel
B, and that their opinion was that no subdivision should proceed
unless there was protection from future losses.
Supervisor Torlakson recommended approval of the minor
subdivision on a revised Condition 4-E that the applicant' s proposal
that the County accept a new deed restriction or dedication for a
drainage basin use from him as consideration for approval MS 12-90 be
accepted in a form approved by County Counsel.
Victor Westman, County Counsel, suggested that Mr. Cherezian' s
proposed language was inappropriate. Mr. Westman commented that he
would be agreeable to a revised condition 4-E (as hereinafter set
forth) whereby Mr. Cherezian would make a supplemental parcel map
dedication indicating that no building or any structures may be placed
on the proposed lot until the County abandons or releases its drainage
facility uses.
Supervisor Torlakson moved approval of the recommendation of
County Counsel.
IT IS BY THE BOARD ORDERED that the appeal of the Public Works
.Department on MS 12-90 is, in part, GRANTED by the addition of the
hereinafter stated revised Condition 4-E to the Conditions of Approval
for MS 12-90 and upon the following findings and determinations:
1. Proposed Parcel B is presently completely covered by a
drainage easement (recorded in BK 8598 , Page 425) which this proposed
subdivision will not eliminate and that easement restricts its current
use for drainage purposes and a detention basin.
2. Parcel B is zoned Multiple Residential District (M-29) and
shown on the applicable County General Plan for residential use.
3 . MS 12-90 ' s Parcel B is not presently suitable for residential
use pursuant to the applicable general plan and zoning regulations.
4. At this time, Parcel B is not suited for residential use or
structures.
5. The location of residential structures on Parcel B would
conflict with existing public easements over it.
6 . The foregoing findings would require denial of MS 12-90
except for Mr. Cherezian' s offer and agreement to make the hereinafter
stated parcel map dedication; which offer is accepted by this Board to
support its adoption of a revised Condition 4-E and approval of MS
12-90.
7. Revised Condition 4-E. A dedication shall be made over
Parcel B on the parcel map for MS 12-90 in substantially the following
form:
"The area marked area dedicated to Contra Costa County for storm
water retention basin (pond) and drainage purposes is dedicated
(as an easement) to the County of Contra Costa, or its designee,
and to the public for public use for a storm water retention
and drainage basin (pond) and for storm,` flood and surface
water maintenance of said basin, works, improvements and
related drainage structures, whether covered or opened, the
clearing of any obstructions and vegetation, the placing
and maintenance of fencing around said area and the relinq-
uishment of any private rights to construct and maintain any
works of improvement or structures in the area until its public
use has been abandoned and released. "
I hereby certify that this is a ftU0 end correct copy of
an action taken and entered on the minutes of the
Board of Sure on the date shown.
ATTESTED: 4 i
PHIL 64TCHELOR.Clerk of the Board
Supervi 8nd Coun Administrator
0
By Deputy
cc :
Community Development Dept.
. County Counsel
Public Works
Greg Cherezian