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HomeMy WebLinkAboutMINUTES - 02121985 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 12, 1985 , by the following vote: AYES: Supervisors Schroder , Torlakson, Powers NOESs None ABSENT: Supervisors McPeak , Fanden ABSTAIN: None SUBJECTS Hearing on appeal of Discovery Bay Property Owners Association from Board of Appeals decision granting Land Use Permit No . 2082-84 to Anneliese Domingo Valentine, (applicant and owner) , to establish a home occupation beauty shop in the Discovery Bay Area . The Board on November 6, 1984, continued to this date its hearing on the appeal of Discovery Bay Property Owners Association from the Board of Appeals decision granting Land Use Permit No. 2082-84 to Anneliese Domingo Valentine , (applicant and owner) , to establish a home occupation beauty shop in the Discovery Bay area. Harvey Bragdon, Assistant Director of Planning, described the subject property and advised that this proposal is categorically exempt from the requirements of the California Environmental Quality Act . Supervisor Torlakson commented that he .had met with several of the residents in the community with respect to this matter. The Chairman opened the public hearing and the following persons appeared: Anneliese Domingo Valentine , applicant and owner , appeared and urged that the Board sustain the action of the Board of Appeals allowing a Land Use Permit to allow a beauty shop as a home occupa- tion, and commented that the permit was approved for a trial period of three years , and also stated that she would comply with all of the conditions and restrictions required by the County . In addi- tion , she submitted a petition with approximately 200 signatures of persons in the Discovery Bay area who were not opposed to a home occupation permit , and urged the Board to deny the appeal of the Discovery Bay Property Owners Association. The Chairman read into the record written comments received from the following persons in opposition to Land Use Permit No . 2082-84: Genevieve Bartos , 1355 Shell Court , Byron; John E. Fritz , 5605 Sunfish Court , Byron; Elaine C . Mann, 1412 Willow Lake Road, Byron; Charles M. Hall , 1711 Surfside Place, Byron; James E. Read , 6 Jib Court, Pleasant Hill; Tony R . Debardi , 1042 Willow Lake Road, Byron; Shirley W. Brim, 1211 Discovery Bay Blvd, Byron; Donald J. McDonald , 1325 Shell Court , Byron: William L . Bartos , 1355 Shell Court , Byron; The Chairman read into the record written comments received from the following persons in favor of Land Use Permit NO. 2082-84 f Fred Murphy, 1391 Willow Lake Road, Byron; Crystal Hart , 5412 Drakes Court, Byron; The following persons appeared and spoke in favor of Land Use Permit No . 2082-84: Barbara A-. Roberts , 4843 South Point , Byron; Gene Cardoza , 5454 Drakes Court , Discovery Bay; Don Roberts , 4843 South Point , Byron; The following persons appeared and spoke in opposition to the proposed project: Cheryl McDonald , 1325 Shell Court , Discovery Bay; George V. Brim, 1211 Discovery Bay Blvd , Byron: Joanne E . Luba , 525 Discovery Bay Blvd , Byron; Frank Polari , 4912 South Point , Byron; Claudia McDonald , 1152 Beach Court , Byron; Bruce Sterling , attorney, representing the Discovery Bay Property Owners'` Association, appeared and stated that the Discovery Bay Property Owners' Association' s C C & R's clearly prohibit a business in a home , and commented that it was not fair to the other property owners in this area to allow one person to obtain a land use permit for a home occupation which is in violation of the Association's C C & R's , and urged the Board to grant the appeal of the Discovery Bay Property Owner' s Association. Supervisor Powers commented that the Board does not have the authority to enforce the Discovery Bay Property Owners' Association's C C & R's . Anneliese Domingo Valentine , appeared in rebuttal and com- mented that she was prepared to comply with all of the conditions and restriction of the Land Use Permit as imposed by the County, and again urged the Board to deny the appeal of the Discovery Bay Property Owners' Association, thereby granting the Land Use Permit . The Chairman closed the public hering as no one else desired to speak. Supervisor Torlakson commented that he would like to request more time before making a recommendation, stating that he would like to conduct a survey of his own within the next couple of weeks that would define the issues more precisely, and commented that this type of use might require additional restrictions such as limitation of number of customers and number of visits per day, as well as parking and advertising limitations . Supervisor Torlakson recommended that this matter be deferred in order to give him sufficient time to meet with residents in the community and conduct a survey with respect to this proposed project . IT IS BY THE BOARD ORDERED that the decision on the appeal of the Discovery Bay Homeowners' Association from the Board of Appeals decision granting Land Use Permit No. 2082-84 to Anneliese Domingo Valentine to establish a home occupation beauty shop in the Discovery Bay area is DEFERRED to March 26 , 1985, at 2: 30 P.M. I hereby evrtffy thE:4,ht9 is a true ar.�cotre�lcgry of On action UM-A And er:tered on the trtnutes oI ills eoerd 61 Superrhors on the date shown. AtrTUTED: � 1 PHIL BATCHBLOn,Clerk of the Board Ori g Dept: Clerk of the Board of SWmbon and County Arminklratar cc: Director of Planning Public Works Director County Counsel -�---- ,Dputy Annelies Domingo Valentine Bruce Sterling