HomeMy WebLinkAboutMINUTES - 11031992 - H.6 H. 6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 3, 1992 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Hearing On Appeal By Trail Users Coalition On Condition
#14 Of Approval For Minor Subdivision 55-90, Deborah
Gustin, Applicant And Owner, In The Martinez Area.
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal by Trail Users Coalition from
the decision of the Contra Costa County Planning Commission whether a
condition of approval for Minor Subdivision 55-90 (Deborah Gustin,
applicant and owner) has been met. Minor Subdivision 55-90 was
approved October 29, 1990. The hearing by the Planning Commission was
held in order to meet Condition #14 of that approval to review
vehicular and trail use of Dutra Road, also identified as County
Feeder Trail #1 in the Martinez area.
Dennis Barry, Community Development Department, presented the
staff report on the appeal before the Board today. He advised that
the Dutra Road Feeder Trail #1 is an existing 40 foot wide public
road. Mr. Barry advised that the Planning Commission held several
hearings on this item and concluded that Condition #14 had been
complied with and directed the Public Works Department to review
additional signing and if necessary, speed limits for the road, and
that that decision had been appealed by the Trail Users Coalition. He
advised of the staff ' s recommendation to deny the appeal, sustain the
Planning Commission' s determination that Condition #14 has been met
for Minor Subdivision 55-90, and adopt findings for the action as
listed in recommendation 2A and 2B.
Supervisor Torlakson commented on the complicated nature of this
matter, the legal issues, looking at the properties involved, and
finding a way to keep the trail.
Mr. Barry responded on the easement rights needed and that the
applicant had been unable to attain them.
Supervisor Torlakson requested whether staff had examined the
applicant' s assertions relative to the easements being infeasible or
unattainable.
Mr. Barry responded that they had examined the paperwork
involved.
Supervisor Torlakson offered to work further with the neighbors
on the different alternatives and to work with Supervisor Fanden' s
office to make a field trip to the property.
Supervisor Fanden expressed appreciation for Supervisor
Torlakson' s offer and indicated that perhaps the matter should be
continued.
Georganne Michell Langsam, 177 Oak Road, Danville, spoke on the
issue of the trail being unable to accommodate vehicles and horses and
hikers, possible resulting lawsuits, and the language of Condition
#14.
Scott A. Sommer, Tobin and Tobin, 1676 North California
Boulevard, Walnut Creek, representing the applicant, presented
preliminary comments on issues including what he felt to be various
inaccuracies in the previous speaker' s statements, various possible
accesses to the subject property, and extended an invitation for the
Board members to see the site.
Supervisor Fanden moved to continue the matter.
Supervisor McPeak clarified that the motion was also that the
applicant and representatives of the Trail Users and East Bay Regional
Park be present to view the site.
The Board discussed a possible date for continuing the matter and
agreed to continue the hearing to November 24, 1992 at 2: 00 p.m.
IT IS BY THE BOARD ORDERED that the hearing on the above appeal
is CONTINUED to November 24, 1992 at 2: 00 p.m. in the Board chambers.
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- LAI A"
PHIL BATCHELOR,
Clerk of the Board
of$1pervispand Comt Administrator
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