HomeMy WebLinkAboutMINUTES - 12152009 - SD.3RECOMMENDATION(S):
CONDUCT hearing on the appeal of a decision by the Contra Costa County Health
Services Department, Environmental Health Division, to deny a request for variance of the
Contra Costa County Health Officer Regulations for well setback requirements and well
protection requirements at 18615 Marsh Creek Road, Brentwood. (George S. Arata,
Applicant & Owner)
FISCAL IMPACT:
None.
BACKGROUND:
On July 7, 2009 Contra Costa Environmental Health received an application for soil
borings (well test holes) for the property located at 18615 Marsh Creek Road, Brentwood.
The application was reviewed, and permit approved on July 9, 2009 based on information
provided with the application packet.
On August 14, 2009 Contra Costa Environmental Health received applications to develop
two of the soil borings into water wells, and an application for a request for variance of
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Wiggins,
925-692-2570
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: December 15, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 3
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 15, 2009
Contra
Costa
County
Subject:Hearing on the Appeal of Denial of Request for Variance
Health Officer Regulations, submitted
BACKGROUND: (CONT'D)
by George S. Arata Sr., requesting that one well be allowed with a setback of 8 feet from
the neighboring property line, and the second well to have an annular seal of less than 50
feet in depth.
Both variance requests were denied on September 4, 2009 and a letter informing the
applicant of the decision was sent on October 1, 2009. The reasons for the denial of the
variance requests are as follows:
1. The request for the first well to be setback 8 feet from the property line instead of 50 feet,
as required by Contra Costa Health Officer Regulations, Section 414-1.220, was denied
because the reduced setback would place the well in such close proximity to the
neighboring property that the neighboring property owner would be faced with restrictions
including, but not limited to, placement of septic systems, water wells, and livestock areas.
2. Section 414-1.222 of the Contra Costa Health Officer Regulations requires water wells to
have seals at least 50 feet in depth to prevent contamination from surface sources. The
request for both the first and second wells to have annular seals less than 50 feet in depth
was denied because a 50 foot seal is possible, and the wells would still achieve estimated
production rates which meet the well yield requirements for an individual water system as
set forth in Section 414-4.601 of the Ordinance Code of Contra Costa County. In addition,
the allowance of a seal less than 50 feet in depth would enable water interchange between
aquifers which may result in water degradation in one or more of the aquifers.
On October 28, 2009 the County received a request for an appeal hearing from Mr. George
S. Arata for the denial of the variances.
CLERK'S ADDENDUM
Chair Bonilla opened the hearing and called for comment. The following people spoke:
George Arata, Appellant; Ray Lochhead, resident of Brentwood; Verna Kruse, resident of
Concord; Brian Kruse, resident of Brentwood; Troy Bristol, Save Mt. Diablo. Mr. Arata
said he did not understand the all of the technical impacts of the requested variance, but
did not wish to adversely affect his neighbors property in any way. The Environmental
Health Division of Health Services will meet further Mr. Arata to resolve and clarify
issues related to a variance for the well. Therefore, The Board: CONTINUED the open
hearing to January 19, 2010 at 9:30 a.m.