HomeMy WebLinkAboutMINUTES - 10091984 - T.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 9 . 198f , by the following vote:
AYES: Supervisors Powers , Fanden , Schroder , McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on appeal of Frank Bellecci and Associates
(applicants ) , and Roy G . Lucchesi and Blair F. Spires
(owners ) , from denial of application for Land Use Permit
Number 2121-83 to establish a sand quarry and reclamation
plan in the Oakley area .
This being the time fixed for hearing on the appeal of
Frank Bellecci and Associates , (applicants ) , and Roy G . Lucchesi and
Blair F . Spires (owners) , from denial of application for Land Use
Permit Number 2121-83 to establish a sand quarry and reclamation
plan in the Oakley area; and
Harvey Bragdon , Assistant Director of Planning, advised
that on November 9 , 1983, the applicant and the owners filed appli-
cation No . 2121-83, requesting approval to establish a sand quarrry
and !lreclamation plan covering an area of 19 acres , and also advised
that a Negative Declaration of Environmental Significance was posted
for this project; and
Mr . Bragdon also advised that on February 27, 1984, the
County Zoning Administrator approved the application with conditions ,
on March 1 , 1984, residents of the area appealed the decision of the
County Zoning Administrator to the Board of Appeals , and on May 22,
1984 , the Board of Appeals granted the appeal by the objectors
thereby denying the approval previously granted by the Zoning
Administrator; and
The Chairman opened the public hearing, and the following
persons appeared:
Brian Thiessen, representing Roy G. Lucchesi , one of the
owners of the subject property , appeared and advised that the
applicants have sought the proper permits for removing sand from
the subject property and advised of a government code which allows
the Lucchesi 's to do all of the grading except for the actual removal
of sand from the property without a permit and advised that this code
is amplified by the County Ordinance code; and
Mr. Thiessen advised that he felt the opponents concerns
with respect to dust control were unfounded and advised that fewer
controls were placed on farmers with respect to insecticide spraying,
and ' also commented that it would only be a matter of time before the
subject property would conform to the General Plan and convert to a
single family residential area; and
Mr . Thiessen stated that as part of the process of this
operation the Lucchesi 's would be removing sand and recontouring the
land, and as required , doing reclamation work and planting barley,
and stated that the applicants would keep the land in a planted crop
until such time as it goes into development . Mr . Thiessen also
addressed the issue of Empire Avenue not being wide enough for the
trucks that would be used to excavate the sand , and advised that
there was adequate space on Empire Avenue for one truck to park and
two' additional trucks to pass; and
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Mr . Thiessen addressed some of the objections raised by
the neighbors in this area with respect to blowing sand , noise ,
traffic congestion , pits of standing water , and heavy equipment use ,
and advised of mitigation measures which would be taken in each of
these areas; and
Supervisor Torlakson stated that one of the major concerns
he had heard from the surrounding community was that the amount of
grading would amount to a full quarry operation , and inquired as to
whether more sand would be taken than would normally be needed to
clear the site for grading, and also inquired about the reclamation
of this property as to how it would be determined when planting would
be required and how that was to be enforced; and
Mr . Bragdon advised that there were serveral conditions for
the ' reclamation of this project and also advised tht if for any reason
this operation has to stop the reclamation , conditions that have been
recommended would have to be completed; and
Jeff Huffaker , attorney, representing the Empire Avenue
Improvement Association , appeared and commented that the Oakley area
is an area that is ripe for residential development , and advised
that because of the development of the residential areas in recent
years and because of the change in use he felt this particular site
would constitute a nuisance . He also commented that he had seen other
quarry sites where reclamation was incomplete and the sites were an
eyesore; and
Mr . Huffaker also commented on the dust and traffic that
would be generated by this project and stated that Empire Avenue was
a two lane country road that has not yet been widened to accommodate
the residential growth of this area, and also commented that there
were a number of sand quarry operations in this area, and expressed
a concern about the marketability of the sand; and
Mr . Huffaker also reiterated that he felt this sand
quarry was too close to a residential development and would thereby
create a nuisance; and
The following persons appeared and spoke in opposition to
the project:
Mary Beardslee , Rt 1 Box BB255, Oakley;
Carole Gamino , 4822 Claret Court , Oakley;
William H . Harvey, Rt 1 Box AA255, Oakley;
Mr . Thiessen appeared in rebuttal and urged the Board to
approve LUP No. 2121-83; and
There being no one else desiring to speak; the Chairman
closed the public hearing; and
Supervisor Torlakson advised that he had received many
telephone calls and letters from people in the Oakley area with
respect to this Land Use Permit , and also stated tht he had received
a petition from residents in the area opposing the Land Use Permit
because they felt it was inconsistent with the surrounding area. He
commented that he felt specific conditions could be imposed on this
Land Use Permit which would provide for more control on this project ,
and recommended that the Planning staff review the grading plan , and
also recommended that the application be granted for two years and
that any kind of enforcement problems are to be reviewed one year
from now by the Zoning Administrator with a report to the Board on
the effectiveness of the Land Use Permit , and if there are problems
or non-compliance, then a revocation hearing is to be set; and
Supervisor Torlakson also stated that there was a
question with respect to the fencing for this project and requested
that the Zoning Aministrator review and come back to the Board with
a proposal as to where fencing would be appropriate on the site , and
stated that he did not feel that the whole site needed to be fenced
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but that fencing should be installed along the direct southern line
adjacent to the residences . He also commented that he felt the
County would have more control over what happens on this site
through a Land Use Process than could be obtained under a normal
grading permit , and further recommended that this matter be referred
to staff to develop a further set of conditions reflecting these
concerns ; and
Supervisor Schroder requested that Planning, Building
Inspection , and Flood Control also review the subject property; and
Board members having considered the matter , IT IS BY THE
BOARD ORDERED that the hearing on the appeal of Frank Belleci &
Associates (applicants ) , and Roy G . Lucchesi and Blair F . Spires
(owners ) , from denial of application for Land Use Permit No. 2121-83
to establish a sand quarry and reclamation plan in the Oakley area
is CLOSED. and decision is DEFERRED to October 23, 1984 at 2: 30 P .M.
Orig Dept: Clerk of the Board
cc: Director of Planning
Public Works Director
County Counsel
Frank Belleci & Assoc
Roy G . Lucchesi
Blair F. Spires
Brian Thiessen
Jeff Huffaker
1 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 s:ioyn.
ATTESTED: 9 15/,?4-1
PHIL BATCHELOR, Ci-k c4 t;t 2oa.rd
of Superrvisors and County t'ast
dminirator
13Y �U—x(i ��G�A� !G— Deputy
61
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October 9 , 1984
Closed Session
At 12 :40 p.m. The Board recessed to meet in Closed Session
in Room 105 , County Administration Building, Martinez ,
,; California, to discuss personnel and litigation matters.
At 2 :30 p.m. the Board reconvened in its Chambers and
continued with the calendared items .
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