HomeMy WebLinkAboutMINUTES - 06111996 - D4 Contra
's Costa
TO: BOARD OF SUPERVISORS ,, County
FROM: HARVEY E. BRAGDON �;•, ' _ •c$,�
DIRECTOR OF COMMUNITY DEVELOPMENT oSrA"co--"'�
DATE: MAY 21, 1996
SUBJECT: FRANKLIN CANYON GOLF COURSE
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
COMMUNICATE to the City of Hercules the determination of the Board
of Supervisors that a three lot minor subdivision approval by the
City would not be viewed by the Board and the County as a violation
of the Franklin Canyon Golf Course Settlement Agreement.
ALTERNATIVE RECOMMENDATION
Decline to view the proposed subdivision to be consistent with the
executed settlement agreement.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On February 13, 1996, the Board of Supervisors referred the
December 15, 1995 letter of Sanford Skaggs regarding subject
project to the Community Development Department and County Counsel
for recommendation. Community Development Department staff and
County Counsel have reviewed the matter and provide the following
background.
Contra Costa County and the City of Hercules entered into; a
settlement agreement on February 27, 1990 concerning the proposed
Franklin Canyon Golf Course development. That settlement agreement
provided that once the involved property was annexed to the City of
Hercules, the development and adoption of specific plan would be a
CONTINUED ON ATTACHMENT: X YES SIGNATURE ]�>
&, ",
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Jt . 1996 APPROVED AS RECOMMENDED OTHER
2-e Bcard haard pm is frrzn Sa- y Ski and tbEn bock the follaong acb-cn:
M-)e Board DIRE= the OamLmty Iaveigmmt Direcbzr to camirirate the above Hard deta=atim to tl-k=
City cf Ides.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: 1,4,amd 5 NOES: 2 ACTION TAKEN AND ENTERED ON THE
ABSENT: 3 ABSTAIN: Nage MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Dennis M. Barry - 335-1210
Orig: Community Development Department ATTESTED iLm 11, 1-996
cc: County Counsel PHIL BATELOR, CLERK OF
City of Hercules THE OF SUPERV S
Sanford Skaggs TY, AD NIST
DMB/df
bo2:frank.bo
Page Two
prerequisite to any discretionary approvals by the City (section 5,
sub. F, page 4) . Also, in the agreement, the City agreed that it
would not permit any residential development to be constructed
until a specific plan was completed (section 7, page 5) .
Thereafter, but before the above subject property was annexed to
the City of Hercules, the County's Zoning Administrator approved a
proposed three lot minor subdivision of the involved property on
October 29, 1990 (MS 86-90) . Before any parcel map for MS 86-90
was proposed and approved by the County to legally divide the
property, it was annexed to the City of Hercules.
The current owners (and their legal representative) of the subject
property have indicated they are considering requesting the
approval of a three lot minor subdivision of the above-subject
property by the City of Hercules. In this regard, they have
inquired whether the County would consider such a three lot split
to be in conflict with the above-noted provisions of the 1990
settlement agreement. At the time MS 86-90 was being considered
for County approval, the City did not express any opposition to MS
86-90 being approved by the County.
The Board could, in the alternate, determine that the settlement
agreement prohibits the City from such minor subdivision approval
and indicate the view that modifications of the settlement
agreement be made prior to such approval. In any event, the City
could (at its discretion) determine not to proceed with such
approval or require amendments of the settlement prior to such
approval.