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HomeMy WebLinkAboutMINUTES - 12121995 - D8 D.8 • ,��E..S E .L ' - _� • Contra TO: BOARD OF SUPERVISORS n� �-- = t Costa County 7;aiiu u" FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT S�A`COUPi'1�'G4` DATE: November 2 , 1995 SUBJECT: APPEAL BY THE APPLICANT - NEW GOLF ENTERPRISES (Applicant) - WEST/FLANIGAN/SILVA (Owners) , COUNTY FILE #LP922017 OF THE DENIAL DECISION BY THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION BOARD OF APPEALS TO ESTABLISH A GOLF COURSE, IN THE DANVILLE AREA SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the decision of the San Ramon valley Regional Planning Commission and deny the appeal with prejudice. FISCAL IMPACT None, if the application is denied, no further work would be necessary. BACKGROUND/REASONS FOR RECOMMENDATIONS The Board of Supervisors previously continued this matter on May 9 , 1995 to allow the applicant the opportunity to resolve the potable water issues, provide a reclaimed water routing study and an economic feasibility study (see Exhibit A) . The applicant submitted progress reports for the months of June, July, August and September (see Exhibits B1-B4) The September progress report showed that the consultant would be able to complete the reclaimed water routing study by September 25, 1995 and the issues of potable water and the completion of the economic feasibility study were still pending. Finally, Mr. Baker notified staff on October 2 , 1995 that the studies would not be available until October 31, 1995 (see Exhibit B5) . CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 12, 1995 APPROVED AS RECOMMENDED OTHER x See Addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 2 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 646-2091 Orig: Community Development Department ATTESTED December 12, 1995 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS D COU T ADMINISTRATOR BY , DEPUTY �i F G' 2 . Furthermore, on October 16, 1995 staff received a request from Ms. Constance West to withdraw her property from the application. County Code 26-2 . 1604 defines a qualified applicant as one who has a "freehold, possessory or contractual interest in the property. " Based on the request by Ms. West, the applicant is no longer considered a "qualified applicant" (see Exhibits C and D) . Conclusion On May 9 , 1995 the Board directed staff to reschedule the matter with a recommendation for denial with prejudice if the applicant failed to provide the requested information in the time frame specified by the Board. As previously discussed, the applicant failed to provide the information and is no longer a qualified applicant as defined by the County Code. Staff, therefore, recommends the application be denied with prejudice. Alternatively, the Board may consider granting additional time to the applicant to allow the applicant the opportunity to become a qualified applicant as the project is currently proposed or modify the project to conform to the lands under control by the develpomer DJC/aa BDVIII/Golf.DJC r ADDENDUM TO ITEM D. 8 December 12, 1995 This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by John L. Baker, appellant, from the decision of the San Ramon Valley Regional Planning Commission for denial of a Land Use Permit application by John L. Baker, New Golf Enterprises, applicant, and West/Flanigan/Silva, owners, County File 2017-92 , in the Danville area. . Dennis Barry, Community Development Department, presented the staff report recommending denial of the appeal . The public hearing was opened and the following persons presented testimony: Tony Teixeira, 6615 Johnston Road, Pleasanton; Dorothy Burt, P.O. Box 2286, Danville; The public hearing was closed. Supervisor Bishop moved to deny the appeal . John Baker, applicant, spoke on the application and completed studies . Following Board discussion, IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to March 26, 1996, at 2 P.M. in the Board chambers .