HomeMy WebLinkAboutMINUTES - 10251988 - T.6 t
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 6
Adopted this Order on October 25, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeal Of Carlo Zocchi From The Decision Of
The Contra Costa County Planning Commission On Land
Use Permit No. 2076-87 In The Concord Area.
This being the time heretofore noticed by the Clerk of the Board
of Supervisors for hearing on the appeal of Carlo Zocchi from the
decision of the Contra Costa County Planning Commission as the Board
of Appeals accepting the withdrawal of the appeal by Winton and
Nathalie Jones from the Zoning Administrator' s decision approving Land
Use Permit No. 2076-87, (Lone Star Industries (applicant) and Bedford
Properties (owner) ,for the establishment of a ready-mix concrete plant
in the Concord area.
Karl Wandry, Community Development Department, presented a
summary of the matter before the Board.
The Chairman requested clarification from County Counsel on the
appropriateness of the matter before the Board.
Victor Westman, County Counsel, responded to the Chairman' s
concerns.
The following people appeared to speak:
Bernard J. Della Santa, 924 Main Street, Martinez, representing
the appellant, Carlo Zocchi, presented a brief history of the appeal,
requesting the Board to send this matter back to the Planning
Commission for a hearing on the merits of this project. He commented
on the grounds for the appeal contained in his letter of appeal in
September 1988 .
Maury Huguet, P.O. Box 110, Martinez, representing North Point
Business Park, Carlo Zocchi, appellant, requested the matter be
referred back to the Planning Commission for hearing on the merits of
the project.
Bud Lake, Box 1267, Lafayette, representing Bedford Properties,
commented on various concerns that had been expressed about the
project and their efforts to satisfy those concerns.
Daniel J. Curtin, Jr. , P.O. Box V, Walnut Creek, McCutcheon,
Doyle, Brown and Enersen, representing Bedford Properties addressed
legal issues on the appeal process in land use matters, and requested
that the project go forward.
Joseph P. Cedillos,,' 166 Wellington Avenue, Clyde, requested that
a hearing be held on the revised initial study for this project
especially since the first environmental study was determined to be
inadequate.
Bernard Della Santa spoke in rebuttal.
The public hearing was closed.
Supervisor McPeak questioned whether anyone during the Zoning
Administrator' s review or discussion before the Planning Commission
had determined whether or not the Land Use Permit Ordinance relative
to hazardous materials and hazardous waste applied to this project.
Karl Wandry responded that there was no discussion through the
hearing process, but felt the project did not fall under that
particular requirement.
Supervisor McPeak requested Mr. Wandry to review the noticing
process before the Zoning Administrator and before the Planning
Commission.
Mr. Wandry responded to Supervisor McPeak' s request.
Supervisor McPeak expressed support for acceptance of the
withdrawal of the appeal and a re-review of the matter to see if the
project fell under the Land Use Permit Ordinance.
The Board discussed the matter.
Victor Westman suggested that perhaps the Board should establish
a policy relative to acceptance of withdrawal of an appeal and it
should be reflected by an amendment to the Ordinance Code.
Supervisor Schroder indicated support for acceptance of the
withdrawal of the appeal.
Supervisor Schroder questioned staff on the procedure and taking
of testimony before the Zoning Administrator on this project.
Supervisor McPeak questioned whether anyone from the Contra Costa
Water District had testified at the Zoning Administrator hearing on
the project.
Karl Wandry responded to Supervisor McPeak' s question that no one
he recognized from the Water District had given testimony.
Supervisor McPeak moved to continue the decision for one week to
be able to review the matter with County Counsel and the staff.
Additionally, Supervisor McPeak moved to direct staff to review
the application of the Land Use Permit Ordinance relative to this
project and to find out if that was taken into account when it was
pending before the Zoning Administrator or staff review.
Therefore, IT IS BY THE BOARD ORDERED that decision on the appeal
by Carlo Zocchi from the decision of the Contra Costa County Planning
Commission as the Board of Appeal accepting the withdrawal of the
appeal by Winton and Nathalie Jones from the decision approving Land
Use Permit No. 2076-87- is DEFERRED to November 1, 1988 at 2: 00 p.m;
and the Community Development Department staff is REQUESTED to review
the issue of the Land Use Permit Ordinance as requested by Supervisor
McPeak.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supin-tauad
ors on the date shown.
ATTESTED: a }-112'r.
PHIL BATCHELOR, Jerk o7 theoaS rd
of Supervisors and County Administrator
Orig. Dept. : Clerk of hhe Board o
cc: Community Development Dept. J8y , Deputy
County Counsel
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Public Works 4W
Assessor
Carlo zocchi
Lone Star Industries