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Home My WebLink AboutMINUTES - 07082003 - D5 D.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 8, 2003, by the following vote: AYES: Supervisors Gioia, Uilkema, and Glover NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None The Board of Supervisors CONTINUED August 12, 2003 at 11:00 a.m., the HEARING on the appeal of Robert and Tamara Steiner and Robert and Renee Vermillion of the Contra Costa County Planning Commission's decision to approve a land use permit to establish a home occupation within the unincorporated territory of the county at 475 l Morgan Territory Road, Clayton area, Kerry Gager (Applicant and Owner). 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 8,2003 John Sweeten,Clerk of the Board of Sqpervisors and County Administrator Deputy Clerk TO: BOARD OF SUPERVISORS ' Contra FROM: DENNIS M. BARRY, AICP ry` Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: July 8, 2003 SUBJECT: REQUEST FOR CONTINUATION OF A HEARING OF AN APPEAL BY ROBERT & TAMARA STEIN'ER AND ROBERT & RENEE VERMILLION OF THE COUNTY PLANNING COMMISSION'S APPROVAL OF A LAND USE PERMIT APPLICATION TO ALLOW A HOME OCCUPATION THAT INVOLVES THE FABRICATION AND SALE OF MOTORCYCLE PARTS IN THE CLAYTON AREA, COUNTY FILE #LP022045 (KERRY GAGER-APPLICANT &OWNER) (SUP. DISTRICT 111). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. OPEN the public hearing and take testimony. 2. CONTINUE the open public hearing to August 12, 2003. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION AYES: NOES: TAKEN AND ENTERED ON THE MINUTES ABSENT: ABSTAIN: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN Contact: Will Nelsen (925) 335-1208 ATTESTED Brig: Community Development Department JOHN SWEETEN, CLERK OF THE BOARD cc: Kerry and Donna Gager(Applicants) OF SUPERVISORS AND COUNTY Robert and Tamara Sterner(Appellants) ADMINISTRATOR Robert and Renee Vermillion (Appellants) File BY DEPUTY July 8, 2003 Board of Supervisors Request for continuation of public hearing for County File#LP022045 Page 2 FISCAL IMPACT None. The applicant is responsible for staff time and material casts in review of this appeal. REASON FOR THIS REQUEST FOR CONTINUATION On July 2, 2003 the appellants submitted a letter requesting that this item be continued from July 8, 2003 until the first hearing in August. The appellants cited their understanding that Chair DeSaulnier will be absent throughout the July Board hearings as the reason for the request. The appellants stated, "Because bath the Chair and the District III Supervisor will not be present, this gives little voice to the many neighbors extremely concerned about this issue." RECOMMENDATION Staff supports the appellants' request. The subject property is located in that area of District III where in the absence of a supervisor, Chair DeSaulnier has been addressing the concerns of the residents. If possible, the residents of that area should be given representation at the Board. Postponing this item until Chair DeSaulnier returns would allow for such representation and would not have an impact on the project in question. The public notices for this hearing were mailed prior to the appellants' request being received. Therefore, citizens may come to the scheduled hearing prepared to speak. Staff recommends that the hearing be opened so that interested parties can voice their opinions. Staff also recommends that the open public hearing be continued, and has tentatively scheduled this item for the second Board hearing in August, which takes place on August 12, 2003. LAW OFFICES OF GAGEN, MCCOY, MCMAHON cit ARMSTRONG WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVIL.LE OFFICE GREGORY L. MCCOY 279 FFY CSNT 57AEE7 PATRICK J. MCMAHON P. O. BOX ate MARK L. ARMSTRONG DANVILLE. CALIFORNIA 945$6-0216 LINN K. COOMBS •' TELEPHONE: (J251 837-0SAS STEPHEN W. THOMAS FAX: (925) 939-59$5 CHARLES A. KOSS MICHAEL J. MARKOWITZ •• NAPA VALLEY OFFICE RICHARD C. RAINES ' CONTI THE OFFICES AT SOUTHBRIDGE >3AR0ARA VICTOR A DUVAUVAL JEWELL 1030 MAIN STREET, SUITE 2i2 July ry�'}� +� j��`, ROM&RT M. rANUCCt July 2, 2003 STELE PHONECALIFORNIA LIF`ORNI 99574 ALLAN C. MOORS STEPHEN T_ BUEHL PAX! (7077; 963-SS27 AMANDA SEVINS ALEXANDER L. SCHMId PLEASE REPLY 7O; MARTIN LYSONS CELIA M. KIM JANICE L. PITZSIMMONS Danville By Facsimile on July 2, 2003 (9251335-1222) Original by_U.S.-Mail --Attn: Will Nelsen Community Development Department .Administration Building 651 Pine Street, 2nd Floor,Forth Wing Martinez, CA 94553-0095 Re:Appeal of County Planning Commission Decision December 10, 2002 County File #LP022045/Land Use Permit to.Establish a.glome Occupation (Gak9r) Request For Continuance to August. 2003 Board ofSupervisors Hearing Dear Mr. Nelson. As discussed, our offices continue to represent Robert and Tamara. Steiner with regard to their interests and residence at 4701 Morgan Territory Road in the unincorporated, residential area of Clayton, Contra Costa County, and Robert and Renee Vermillion who reside on adjacent property. On December 10, 2002, the County Planning Commission approved. a ]nand Use Permit to establish a Home Occupation at 4751 Morgan Territory Road,for the manufacturYelfabrication of motorcycle parts,and sales of such parts.By letter dated December 19, 2002, our office on behalf of the referenced landowners appealed the Planning Commission's decision to the Board. We understand that the Board has scheduled the hearing on the appeal for next Tuesday, July 8, 2003. By this letter, we would request, if possible, that this matter be continued to the first Board meeting in August. The reason we are requesting this appeal is that we understand that Chair DeSaulnier will not be present for the Board meetings in July. The subject property is located in District III,which currently is not represented by any Supervisor. Because both the Chair and the District III Supervisor will not be present,this gives little voice to the many neighbors extremely concerned about this issue. F:\C L R C M\31 1 17\s tap2.1 tr.app d •r1 C0QC_QVQ (caa) Te ae innoW 1.Iinwn dRq : Tn fit? Pn Tnr Will Nelson, Planner ..:y July 2, 2003 Page 2 We appreciate your review of this continuance request. Very 1 you , an C. Moore cc: Steiners Vermillions FAC LAC M\311171s tap2 A tr.wpd r •ci fiRRC-R!=R C fi261 Te 40 A03OW W30U9 -l85 = T 0 co a0 i nC`