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HomeMy WebLinkAboutMINUTES - 07191994 - H.8 The Board of Supervisors of Contra Costa County, California Adopted this Order on_July 19, 1994 by the following vote: AYES: Supervisors Smith, DeSaulnier, Toriakson, Bishop NOES: None ABSENT: Supervisor Powers ABSTAIN: None ------------------------------------------------------------------------- ------------------------------------------------------------------------- SUBJECT: Decision on Appeal of Save Mt. Diablo on MS 100-88;Willard G. and Naomi Morgan; Clayton/Marsh Creek area. On May 10, 1994,the Board of Supervisors continued to this day the consideration of final Board of Supervisors action on the appeal of Save Mt. Diablo from the decision of the Contra Costa County Planning Commission acting as the Board of Appeals on the application of Willard G. and Naomi Morgan (applicants and owners) requesting approval of a tentative map for Minor Subdivision 100-88 to divide 160 acres into four(4) parcels in a General Agricultural District(A-2). In continuing this matter to this date,the Board of Supervisors referred it back to the Planning Commission with policy direction from the Board for further review and report on July 19, 1994. Dennis Barry of the Community Development Department called attention to the fact that on May 10, 19994,the Board had requested his Department to accept a modified site plan from the project applicant to indicate building sites and the access to the sites. Mr. Barry advised that after taking testimony the Planning Commission voted to approve the modified plan and to recommend that the Board of Supervisors amend the conditions of approval by making reference to the new site plan that was submitted incorporating that. He further advised that the Planning Commission did not require modification to the proposed lot lines or the clustering of the units as was requested by Save Mt. Diablo. Mr. Barry presented the recommendation of staff that those modifications be included. Since the applicants have indicated that they do not object to the modifications that were proposed by the Planning Commission, Mr. Barry advised that the Commission's recommen- dations are to deny the appeal of Save Mt. Diabllo, declare the Board's intent to approve Minor Subdivision 100-88 subject to the modifications recommended by the County Planning Commission and that staff be instructed to propose findings for Board adoption and final action. Patricia Curtin, representing Willard and Naomi Morgan, commented on the modifications and in conclusion requested the Board to approve the application and deny the appeal of Save Mt. Diablo. Seth Adams of Save Mt. Diablo commented on the environmental concerns of his organization. He expressed his support for the clustering of the proposed houses to lessen the impact on the species living in that area and particularly the Alameda Whipsnake which is uncommon outside of the Mt. Diablo area. All persons desiring to speak having been heard, the Board discussed the issues presented this day. There was consensus to continue decision on this matter to August 9, 1994, THEREFORE, IT IS BY THE BOARD ORDERED that this matter is CONTINUED to August 9, 1994, at 2 p.m. and REQUESTED that the parties involved meet to confer on a possible resolution of the differences. IT IS FURTHER ORDERED that the Director of the Growth Management and Economic Development Agency is DIRECTED to schedule a meeting with appropriate staff and the representative of the Fire District and when feasible to include land representatives and environmental groups in discussions on road standards. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown%:; ATTESTED: _July 19, 1994 PHIL BATCHELOR,CLERK OF THE Board of Supervisors and County Administrator By Deputy Clerk Cc: Community Development Director Public Works Director TO: BOARD OF SUPERVISORS %`f =" Cb t ra FROM: HARVEY E. BRAGDON r- nt Costa DIRECTOR OF COMMUNITY DEVELOPMENT ` couqy caSTA C-Un�. DATE: 7 July 1994 SUBJECT: REPORT AND RECOMMENDATION OF THE COUNTY PLANNING 'COMMISSION ON THE BOARD'S REFERRAL OF THE APPEAL OF SAVE MT. DIABLO ON THE COMMISSION'S APPROVAL OF MS #100-88 (MORGAN) IN THE CLAYTON/MARSH CREEK AREA. SPECIFIC REQUESTS) "OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS I. DENY the appeal of Save Mt. Diablo. 2 . Declare the Board's intent to .APPROVE MS #100-88 subject to the mod i"fications .recommended by the County Planning Commiss- ion. 3 . Direct Staff to propose findings for Board adoption and final action. FISCAL IMPACT: None. BACKGROUNDLJUSTIFICATION FOR PROPOSED ACTION: Thisitem was last considered by the Board on May 10, 1994. After taking testimony, the Board continued the hearing to July 19, 1994 and requested the applicant to modify the site plan to indicate building sites and referred the matter to the County Planning Comm- ission for report and recommendation. CONTINUED ON ATTACHMENT: X YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ION O B D COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development epartment ATT TED (SEE PAGE 42 FOR DISTRI ION) PHIL TCHELOR, CLERK OF THE BOARD F SUPERVISORS AND COUNTY INISTRATOR BY , DEPUTY 7 Morgan - MS 100-88 - Page #2 Revised Site Plan: Following the Board's hearing, the applicant submitted a revised site plan which was considered by the Commission. At the encour- agement of the Commission, the applicant and appellant met but were unable to resolve their differences. Commission Review: The Commission reviewed the appeal at its June 7 and July 5 hearings. On July 5, 1994, after concluding the hearing, the Commission unanimously voted to recommend that the Board sustain the Commission's earlier approval but with modifications that re- flected the revised site plan. The applicant does not object to the modifications. Contact: Robert Drake 646-2091 Original: Community Development cc: Willard & Naomi Morgan Save Mt. Diablo Gagen, McCoy, McMahon & Armstrong City of Clayton Public Works Dept. County Counsel.