HomeMy WebLinkAboutMINUTES - 11011988 - T.4 Contra T. 4
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TO: BOARD OF SUPERVISORS
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FROM: Harvey E. Bragdon, County
Director of Community Development
DATE: October 17,1988
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SUBJECT: An APPEAL of the Board of Appeal's acceptance of
WITHDRAWAL of an appeal of a prior approval by the Zoning '
Administrator of a Transit-Mix Concrete Plant in a Light
Industrial District (L-I) by LONE STAR INDUSTRIES
(Applicant) , BEDFORD INDUSTRIES (Owner) , #2076-87,located
on Bates Avenue in the North Concord area. (S.D. IV) ,
SPECIFIC REQUEST S) OR RECOMMEMDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the appeal filed by Carlo Zocchi with respect to the Board
of Appeal's acceptance of withdrawal of an appeal of Winton and
Nathalie Jones, concerning a prior approval by the Zoning
Administrator of L.U.P. #2076-87.
2. Alternatively, grant the appeal filed by Carlo Zocchi with re-
spect to the Board of Appeal's acceptance of withdrawal of an
appeal of Winton and Nathalie Jones, concerning a prior
approval by the Zoning Administrator of L.U.P. #2076-87. In
that event, the matter should be REFERRED back to the Board of
Appeals for further consideration of the appeal of Winton and
Nathalie Jones.
BACKGROUND:
On July 30,1987, an application for land use permit ( #2076-87) was
filed by Lone Star Industries, Inc. (Applicant) , Bedford Properties
(Owner) , for a transit-mix concrete plant on 6.69 acres located on
the north side of Bates Avenue, 140-ft. , west of Fornia Drive, in
the north Concord area, which was approved with conditions March
21, 1988, by the- Zoning Administrator.
On March 29, 1988, anappeal of the Zoning Administrator's decision
was filed by Winton & Nathalie Jones and subsequently considered by
the Board of Appeals at several scheduled hearings to August 23,
1988, at which time a request by the appellant to withdraw the
appeal was accepted. On September 2, 1988, a reconsideration
request and also an appeal of the acceptance of the withdrawal of
the appeal was filed by Carlo Zocchi. The reconsideration request
was denied September 23, 1988 by the Board of Appeals.
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CONTINUED ON ATTACHMENT: -YES SIGNATURE A- ../�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF
BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTIONOFOF BOARD ON November 1, 1988 APPROVED AS RECOMMENDED
OMIM
On October 25, 1988, the Board of Supervisors closed the hearing
on the above matter„ and deferred decision on the matter to this date.
The Board discussed the matter.
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Supervisor McPeak recommended that the withdrawal of the appeal
by Mr. Jones be approved, rejecting the appeal to do otherwise, that
the Community Development Department in consultation with County
Counsel be directed to communicate with Lone Star Industries the
Board' s interpretation and intent of the conditions of approval with a
copy to the Clyde Community indicating there may not be a change of
use without seeking another land use permit and that the Board direct
County Counsel to examine the procedures with respect to withdrawal of
appeals.
Supervisor McPeak advised that the Contra Costa Water District
had submitted a position to the Board of Supervisors that they no '
longer have a concern with the project, and she requested further
clarification on the issue of the Hazardous Materials and Hazardous
Waste Land Use, Permit Ordinance applying to this project.
Harvey Bragdon, Community Development Director, responded to
Supervisor McPeak' s concern by indicating that the Hazardous Materials
Land Use Ordinance is not applicable to this project.
Supervisor Fanden raised the issue of the height of a tower.
Supervisor Schroder commented that that issue was not before the
Board for consideration.
Supervisor Powers expressed concern with the lack of the
opportunity for hearing the project.
The Board discussed the issues.
Therefore, IT IS BY THE BOARD ORDERED that recommendation 1 is
APPROVED; and Community Development Department in consultation with
County Counsel is DIRECTED to communicate with Lone Star Industries
the interpretation and intent of the conditions of approval for LUP
2076-87 indicating there may not be a change of use without seeking
another land use permit and a copy of this communication to be sent to
the Community of Clyde; and County Counsel is DIRECTED to examine the
procedures with respect to the withdrawal of appeals.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT :) TRUE AND CORRECT COPY OF AN
AYES: IV, -V,. -III NOES: '.-I, -II ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED November 1, 1988
County Counsel PHIL BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
Assessor A�.COUN ADMINISTRATOR
Carlo Zocchi b
Lone Star Industries BY-0 DEPUTY
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