HomeMy WebLinkAboutMINUTES - 12191989 - 1.103 1 _ I" /. /e)3
.TO: -'19OARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Cwtra
Cosh
DATE: December 14, 1989 0`"� �'1�/
SUBJECT: RESCISSION OF LAND USE PERMIT NO. 2076=87
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION: Set aside and rescind the Board's decision of
November 1, 1988 denying the appeal of Carlo Zocchi and approving Land
Use Permit No. 2076-87.
II. FISCAL IMPACT None.
III. . BACKGROUND/REASONS FOR RECOMMENDATION: On November 1, 1988 the
Board approved the above land use permit for the establishment of a
ready-mix -concrete plant by Lone Star Industries, Inc. on property owned
by Bedford Properties on Bates Avenue, North Concord area. The Board
also denied an appeal by Carlo Zocchi from the approval of the land use
permit by the Zoning Administrator.
Mr. Zocchi subsequently filed a lawsuit challenging the Board's approval
of the land use permit (Concord Industrial Park v. Board of Supervisors,
et al. ) , based primarily on environmental grounds. Although the parties
underwent extensive settlement negotiations, a compromise was not
reached. However, a stipulation was entered into by which the parties
agreed that a writ of mandate could be issued by the court ordering the
Board to set aside its approval of the land use permit. The applicant
(RMC Lone _Star) or the property owner would then be free to pursue the
pending application, subject to further environmental analysis. Such a
writ was issued on November 30, 1989 (copy attached) . Staff therefore
recommends that the Board comply with the writ of mandate and set aside
its decision of November 1, 1988 with respect to Land Use Permit No.
2076-87.
IV. CONSEQUENCES OF NEGATIVE ACTION: Failure to set aside the Board's
approval of the Land Use Permit would possibly subject the County.to
sanctions, for failure to comply with the writ of mandate issued by the
Superior Court.
CONTINUED ON ATTACHMENT: YES SIGNATURE'.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 19, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT I AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Counsel ATTESTED December 19,. 1989
Community Development Department --— -- --
Litigants (via County Counsel ) PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY 0
M382/7-83 ,DEPUTY
County Counsel
1 H OV 3,u 7°�9
2 Martinez. CA 94553 � a
0798
3 NOV39
S. L. WEIR, COUNTY CLERK
4 ByCONTRA COSTA COUNTY
L. Bandoma, Deputy
5
6
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 CONCORD INDUSTRIAL PARK, )
11 Petitioner-Plaintiff, )
NO. C88-05057
12 vs. )
BOARD OF SUPERVISORS OF THE )
13 COUNTY OF CONTRA COSTA, COUNTY ) PEREMPTORY WRIT OF
14 OF CONTRA COSTA, CONTRA COSTA ) MANDATE
COUNTY PLANNING COMMISSION, )
15 et al. , )
)
16 Respondents-Defendants, )
17 ONE STAR INDUSTRIES, INC. , )
BEDFORD PROPERTIES, INC. , et )
18 al. , )
19 Real Parties in Interest. )
20 he People of the State of California
21
22 o the Board of Supervisors .of the County of Contra Costa, County
of Contra Costa, and Contra Costa County Planning Commission,
23Respondents and Defendants:
24 Judgment having been entered in this action, ordering that
25 Peremptory writ of mandate be issued from this court,
26 THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS. IS HEREBY
27 COMMANDEDimmediately on receipt of this writ to set aside its
28 decision of 1 November 1988 denying petitioner's appeal and
1
1 approving Land Use Permit No. 2076-87 .
2 Nothing in this writ shall limit or control in any way the
3 discretion legally vested in the Board of Supervisors.
4 THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS IS FURTHER
5 COMMANDED to make and file a return to this writ on or before 9
6 January 1990, setting forth what it has done to comply.
7
8 STEPHEN L. WEIR, County Clerk
9
10 V10V 3 0 1989 LIJCIO BANOOMA.
By
11 Deputy Clerk
12
13 LET THE FOREGOING WRIT ISSUE.
14
15 Dated: 1 I
Judge of the Superior Court
16
17
18
19
20
21
22-
23 This docume
Of the origin on a coned copy
24 q�T file in this office.
25 NOV 3
0 1989-
2 6PER"L HEIR
S orC CO officio Clerk of the
27 and for of California in
yof ntra Cos
28 Deputy Clerk
2