HomeMy WebLinkAboutMINUTES - 10061987 - T.9 (3) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, 'CALIFORNIA
Adopted this Order on October 6 , 1987 , by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
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SUBJECT: Appeal of the City of Martinez from Approval with
Conditions of the Application for the Hidden Pond Project
Consisting of Final Development Plan 3008-87 and Tentative
Subdivision Map 6769 , in the Martinez area.
On September 15, 1987 , the Board continued to this date
the hearing of the appeal by the City of Martinez (appellant) from
the County Planning Commission approval with conditions of the
applications by Sycamore Construction Company (applicant) and Walter
& Huer (owners) for the Hidden Pond Project consisting of Final
Development Plan 3008-87 and Tentative Subdivision Map 6769 in the
Martinez area; and
Karl Wandry, Community Development Department, gave the,
staff report and commented on the staff recommendation for approval
carrying the Planning Commission' s recommendation to the Board. Mr.
Wandry commented on certain conditions being recommended to the
Board including visual mitigation, scenic easements , grading and
berming, and modification of Hidden Pond Road, recommending the road
be narrower. He requested the Board to add the conditions relative
to visual mitigations basically outlined by Joy Dean' s letter in
terms of suggestions and that the road be reduced in width.
Supervisor Fanden commented that she believed these addi-
tional conditions had been discussed with the developer and that '
there was no problem with the additions. Supervisor Fanden
expressed her concerns with the road and the traffic problems and
requested Leroy Vukad and County staff to go out and take a look �at
Donnegal Way to find out what ' can be done to help ease that blind
road situation. Supervisor Fanden also commented that this project
was one way to mitigate the drainage problem that exists in the
Tavan Estates area.
Supervisor Fanden commented that the developer claims to
have an approved project and questioned County Counsel as to the :
validity of the claim.
Victor Westman, County Counsel, responded to Supervisor
Fanden' s concern.
The public hearing was opened and the following people
appeared to speak:
Geoff Huwer, 270 Livorna Heights Road, Alamo, representing
Sycamore Construction, the applicant, commented that by speaking ,
here today he did not relinquish any of his legal rights or remedies
and as a legal matter he had been advised that the time has expired
for the Board' s consideration of this matter and that the law
requires approval. Mr. Huwer also commented on other issues
including a brief history of the project, the Planning Commission
approval, concessions on grading, visual mitigation, placement of
the assessment district road, and annexation to the City of
Martinez.
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David Gold, McCutcheon, Doyle, Brown and Enerson, Walnut
Creek, representing Sycamore Construction, reiterated the opinion
that the Board has no jurisdicition to hear these matters at this
time . He commented on issues including the language of the Map Act,
the application of the Permit Streamlining Act, and the
inappropriateness of the suggestion that a supplemental
Environmental Impact Report be required..
Michael Menesini , Mayor, City of Martinez, expressed oppo-
sition to the project by the City of Martinez. He addressed con-
cerns including grading of the project proposed by the developer,
possible sale of an approved map by the developer and drainage con-
cerns. He requested that if the Board does approve this project
that the Board send the Local Agency Formation Commission (LAFCO) a
letter requiring that LAFCO annex this site to the City of Martinez
as a condition of annexation to the Central Sanitary District.
Supervisor Fanden requested clarification on what the City
of Martinez has done to mitigate drainage problems in Tavan Estates.
A City representative responded to Supervisor Fanden' s
concerns on this matter.
—Supervisor Torlakson questioned Mayor Menesini relative to
the date the City of Martinez had begun to express concerns with the
project.
Mayor Menesini responded that the City of Martinez
expressed concerns at the first Planning Commission meeting.
Supervisor Powers appologized to the Board and those
present explaining that he had another meeting he must attend and
commented he would listen to the tapes of today' s testimony and par-
ticipate at the next session.
Molly Mullen, 631 Skyline Drive, Martinez, a resident
across from the proposed project presented pictures of impacts to
her property requesting a supplemental Environmental Impact Report.
She also commented on a lack of notification.
Vickie Lucas, 700 Francis Drive, Lafayette, spoke in oppo-
sition to the project on issues including the proposed access road,
notification, drainage , traffic, and the. headlights shining in her
windows.
Karl Wandry, Community Development Department, responded
to concerns relative to noticing of hearings on the project.
Dr. Linda Margulies, 712 Francis Drive, Lafayette, spoke
in opposition on issues including concerns relative to Reliz Valley
Road , traffic problems, and lack of notification. She also
suggested possible conditions of approval to 'be considered including
size of trees , houses on the perimiter being kept to single story,
placement of street lights and limiting hours of construction. She
commented that a supplemental Environmental Impact Report should be
required to assess the placement of the proposed access road.
Supervisor Fanden commented that no matter what the deci-
sion on this project, she is going to request a moratorium on
Alhambra Valley development until the General Plan Review is
completed.
Janet Black, 718 Francis Drive , Lafayette, resident across
the street from the entrance to the project, expressed concerns
including removal of 75 to 80 feet from one of the knolls, removal
of trees on the knoll , visibility of homes from Reliz Valley Road,
traffic, and the impact of the development on Reliz Valley Road.
She commented on proposed mitigations for the these concerns . She
requested adequate CC&R' s and enforcement for the project.
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Liz Belcher, 1148 Silverhill Court, Lafayette, requested
to be considered for membership on the Reliz, Valley Road Committee
were it to be formed. She spoke on roads , traffic, drainage, and the
lack of notification. She commented that a supplemental
Environmental Impact Report done by' an independent third party was
necessary and she requested the Board not to approve the project.
Shirley H. Glassco, 2584 Pebble Beach Loop, Lafayette,
presented a petition with 106 names in opposition to the project and
commented on traffic and open space .
Joy Dean, 6733 Corte Segunda, Martinez, representing the
Tavan Estates Board of Directors, commented on preservation of the
knolls, the negative impacts of the project on her home value and
traffic .
Helen Tyler, 713 Wee Donnegal , Lafayette , spoke against
the project on issues including traffic, aesthetic effects of this
proposed development, and the need for a supplemental Envionmental
Impact Report and requested the Board not to approve the project .
Jim Belcher, 1148 Silverhill Court, Lafayette, commented
on the requirement of a supplemental Environmental Impact Report ,
and traffic on Reliz Valley Road. He requested that the access road
come up off of Donnegal and not open up further development.
Donavon McConn, 915 Calle Verde, Martinez, Tavan Estates
Homeowners Board of Directors, commented that the group had nego-
tiated with the developer to mitigate impacts of the project and the
Board supports the project with minimal cutting of the knoll and
annexation to the City of Martinez.
The applicant spoke in rebuttal on issues including
drainage, annexation as a recommendation by Central Sanitary
District, slides, the, location of the Assessment District Road,
berming, visual mitigation, CC&R' s, and street configuration.
No one else appearing to speak, the public hearing was
closed.
Supervisor Fanden expressed concerns regarding the issues
that had been raised today including traffic, drainage, landscaping
and buffering, Joy Dean' s recommendations, and moved to first meet
with County Counsel in Executive Session to discuss possible litiga-
tion and then to refer the issues and concerns raised today to the
Community Development Department , to request a report on a mora-
torium in the area, and to defer decision to October 13 , 1987 at
10: 30 a.m.
The Board discussed the matter.
Therefore, IT IS BY THE BOARD ORDERED that the hearing on
the appeal by the City of Martinez from approval with conditions of
the application for the Hidden Pond Project consisting of Final
Development Plan 3008-87 and Tentative Subdivision map 6769 is
CLOSED and decision on the matter is DEFERRED to the October 13,
1987 calendar at .10: 30 a.m. ; with the Board to confer with County
Counsel in Executive Session prior to this time on possible litiga-
tion concerns; and Community Development Department is DIRECTED to
address concerns raised today; and to report on a possible mora-
torium in the area pending approval of the General Plan Review.
Orig. Dept. : Clerk of the Board lhereby certify that this Ina true andcorrectcopyof
cc: Coun:YYnvCounsel an actions isken and ongered on the minutes o6 the
Community Development Board of Supeors on the date shoven.
PH5L BATCHELOR, Cleel� oR Uie Board
of Supervisors and County Administrator
By , Deputy