HomeMy WebLinkAboutMINUTES - 01261993 - H.3 i
H. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 26 , 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
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.
On January 12 , 1993 , the Board of Supervisors continued to this
date the 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 in the Martinez area.
Supervisor Torlakson commented on a dilemma in proceeding and he
requested staff outline the issue.
Dennis Barry, Community Development Department, commented on
continuing discussions with the applicant and the East Bay \Regional
Park District, concerned residents of the area, and trail users with
good suggestions in terms of alternate approaches to accommodating
both the trail use and automobile access to the subdivision. Mr.
Barry advised that there is not satisfaction that at this point that
Condition #14 of the Minor Subdivision has been met, and he advised of
a request to the applicant to put together all the various proposals
that they would find acceptable to them that would result in separated
trail use away from the road or moving the trail and using the
existing County road for automobile access to the subdivision. Mr.
Barry recommended that the Board take testimony and allow the
applicant approximately three weeks to come forward with a specific
proposal of how they intend to meet Condition #14, and he commented on
possible requested exceptions and possible renoticing of the entire
Minor Subdivision.
Supervisor Torlakson requested clarification on renoticing the
Minor Subdivision.
Mr. Barry responded on the circumstances that would require
renoticing of the Minor Subdivision. I
Supervisor Torlakson recommended that the hearing be continued.
Supervisor Smith concurred with Supervisor. Torlakson.
Supervisor Torlakson commented on information submitted in
writing today that would be given to staff and County Counsel to
consider in deliberations and advised that any material submitted in
the next three weeks should also be referred to staff and County
Counsel.
Supervisor McPeak supported the suggested process but commented
that she would like to extend the courtesy of receiving testimony from
those who felt that they could not return.
Supervisor Bishop expressed an interest in hearing testimony from
people who were present today.
Supervisor Powers commented on the Board' s knowledge of this
matter and the legal issues and expressed hope that the people I
involved would allow time to resolve the issue.
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Scott A. Sommer, Tobin and Tobin, 1676 North California
Boulevard, Walnut Creek, representing the applicant, expressed that
his client was unwilling to accommodate further continuance of this
matter and would like the matter brought to closure.
Supervisor Bishop advised that the reason for the continuance was
to provide the applicant the opportunity to provide a more detailed
cost analysis and alternatives.
Supervisor Smith recognized the applicant's concern relative to a
continuance but he expressed a need to continue the matter for four
weeks.
Mr. Sommer expressed a willingness to trade some of the exactions
on Condition 2 for some money on the trail.
Julian Frazer, 2415 Alhambra Avenue, Martinez, commented on the
possible need for an environmental review and requested time to be
sure the public is protected.
George Cardinet, 5301 Pine Hallow Road, Concord, presented a
brief history of the feeder trail and he made a slide presentation of
the area.
Supervisor Smith moved to continue the hearing for four weeks.
Supervisor Powers seconded the motion.
Victor Westman, County Counsel, noted that the Board is
continuing the hearing on the matter in front of the Board for
consideration today and he suggested the entire Minor Subdivision not
be renoticed unless there was cooperation from the applicant to
participate in that process in some controlled manner.
Supervisor Smith clarified that the motion was to continue this
hearing and if in the interim it becomes evident that there is a need
to notice the Minor Subdivision that will be done by staff.
IT IS BY THE BOARD ORDERED that the hearing on the above appeal
is CONTINUED to February 23 , 1993 at 2: 00 p.m. ; and staff is REQUESTED
to include all materials for Board consideration on February 23 , 1993
in the packet prior to the meeting.
I hereby certify that this is a true and Corr".t
copy of an action taken and er .;,. �., c rr .
minutes of the Board of Supervis : s on iha
date shown.
ATTESTED: IML
PHIL BATC ELOR, rk of the
of erviso and Cou ty dminis1,a:��r
By Deputy
cc: Community Development Department
Public Works Department
Trail Uaers Coalition
Scott Sommer
East Bay Regional Parks District
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