HomeMy WebLinkAboutMINUTES - 01192010 - SD.3RECOMMENDATION(S):
1. RESUME HEARING on the appeal from a decision by the Contra Costa County Health Services Department,
Environmental Health Division, to deny a request by George S. Arata, Sr., for approval of variances from the Contra
Costa County Health Officer Regulations pertaining to well setback requirements and well protection requirements at
18615 Marsh Creek Road, Brentwood.
2. ACCEPT any public testimony and CLOSE the public hearing.
3. ACCEPT the withdrawal of the appeal by Mr. Arata and DISMISS the appeal.
FISCAL IMPACT:
None.
BACKGROUND:
On July 7, 2009 the Contra Costa Health Services Department, Environmental Health Division, received an
application from George S. Arata, Sr., for soil borings (well test holes) for the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 01/19/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 4 NOES ____
ABSENT 1 ABSTAIN ____
RECUSE ____
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: January 19, 2010
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:January 19, 2010
Contra
Costa
County
Subject:Continued Hearing on Appeal from Denial of Request for
Variances
BACKGROUND: (CONT'D)
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, Environmental Health received applications to develop two of the soil borings into water wells,
and an application from Mr. Arata for approval of variances from the Health Officer Regulations, pertaining to well
set backs and protection. Specifically, the variance application requested that one well be allowed with a setback of
8 feet from the neighboring property line, and that the second well to have an annular seal of less than 50 feet in depth.
Both variance requests were denied and a letter informing the applicant of the decision was sent on October 1, 2009.
On October 28, 2009 the County received a letter from Mr. Arata, appealing the variance decision and requesting
a hearing before the Board of Supervisors.
The appeal hearing was scheduled on December 15, 2009, at which time the Board of Supervisors opened a public
hearing, accepted public testimony, and directed the Health Services Department to continue to work with the Mr.
Arata to identify an acceptable resolution.
On January 6, 2010 the Environmental Health staff meet with Mr. Arata to discuss the reasons his original request for
variances was denied. During the meeting, all parties agreed to a resolution which would allow a variance to be
issued that would meet all Health Officer Regulations. Mr. Arata then agreed to withdraw his appeal.
Therefore, the appelant has agreed to withdraw his appeal.
CONSEQUENCE OF NEGATIVE ACTION:
Staff will require a continuance in order to prepare a staff report responding to the appeal.