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
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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.