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Home My WebLink AboutMINUTES - 10172000 - D5 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Ra Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: OCTOBER 1 7, 2000 SUBJECT: APPEALS FILED BY SIERRA CLUB - MT. DIABLO GROUP AND BLACKHAWK HOMEOWNERS ASSOCIATION ON THE ADMINISTRATIVE DECISION RELATING TO EXTENSION OF THE COMMENT PERIOD FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT STUDY (SCH#99-122013) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION DENY the appeals from the Sierra Club- Mt. Diable Croup and the Blackhawk Homeowners Association on the administrative decision by the Community Development Director relating to the extension of the comment period on the Draft Environmental Impact Report for the Camino Tassajara Combined General Plan Amendment Study. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED _Y_OTHER.)� SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND --)(,—UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES:_ ENTERED ON THE MINUTES OF THE BOARD OF ABSENT:_ __ _ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Roche,CDD-AP(925)335-1242 ATTESTED (1 _ PHIL BATCHELOR, CLERK OF THE BOARD OF cc:Sierra Club-Mt.Diablo Group SUPERVISORS AND COUNTY ADMINISTRATOR Blackhawk Homeowners Association Developer/Applicants CAOBY a ,DEPUTY County Counsel Clerk of the Board October 17, 2000 Board of Supervisors County File: GP 98-0004 and GP#990002/990003 re:Administrative Appeal On Extending DEIR Comment Period Page 2 FISCAL IMPACT None.The costs for filing an appeal of administrative decisions are covered by fees paid by the appellant. BACKGROUND / REASONS FOR RECOMMENDATION On Tuesday, August 15,2000,the Community Development Department issued a Notice of Completion and Availability of a Draft Environmental Impact Report (DEIR) prepared for the Camino Tassajara Combined General Plan Amendment Study (SCH#99-122013) and submitted the DEIR to the State Clearinghouse. CEQA requires that when a DEIR is submitted to the State Clearinghouse a minimum 45-day comment period shall be established. Consistent with this CEQA requirement the 45-day comment period for the subject DEIR was established by setting the close of comment period on Thursday, September 28, 2000. In response to a number of written requests seeking an extension of the comment period, the Department agreed to extend the close of comment period on the DEIR an additional eight days to Friday, October 6, 2000. The Contra Costa County Ordinance Code provides for a process to appeal an administrative decision under Section 14-4.006, such as the decision by the Community Development Director to extend the DEIR comment period to October 6, 2000. Pursuant to this procedure, the Clerk of the Board has received appeals from the Sierra Club - Mt. Diablo Group and the Blackhawk Homeowners Association seeking to extend the period for comment on the DEIR. The appeal from the Sierra Club - Mt. Diablo Group seeks to extend the comment period an additional three weeks to October 27, 2000 (see attachment marked as Exhibit"A"). The Blackhawk Homeowners Assoclation's appeal seeks to extend the comment period an additional ninety days into January 2001(see attachment marked as Exhibit"B"). Each appeal letter asserts that more time is needed to review and prepare comments on the DEIR. CEQA guidelines Section 15105 (a)states ...... "The public review period for a draft EIR should not be less than 30 days nor longer than 60 days except in unusual circumstances".The requests from both the Sierra Club - Mt. Diablo Group and the Blackhawk Homeowners Association would have extended the DEIR comment period well beyond the 60-day time allowed under the CEQA Guidelines. In requesting the extension, they did not provide sufficient evidence that "unusual circumstances" necessitate an extension of the comment period beyond the 60-day limit referenced in the guidelines. Although the proposed project is certainly of significant site and the issues associated with the project are complex,staff does not believe that the public was inhibited from reviewing and submitting comments on the DEIR within the alloted 53-days. This is supported by the significant number and length of comment letters submitted on October 6"'.The comment letters range from highly detailed multiple page letters with attachments raising very specific environmental issues and concerns to the simpler and more direct one page letter expressing concerns with the project. Included among the comment letters received on October 6, 2000 was an 11-page letter from the Sierra Club - Mt. Diablo Group. The Blackhawk Homeowners Association submitted a letter on September 5, 2000 that included specific comments on the DEIR and requested an extension of the comment period another 90 days. Review of Appeal Points The following is a summary and response to the relevant points raised by the appellants in their letters concerning the need to extend the comment period longer than the 53-days set by the Community Development Director: 1. Inconvenient Day and Time of the Zoning Administrator Hearing The appellants assert that the Zoning Administrator hearing was scheduled at a time and dace that was inconvenient for the public. October 17, 2000 Board of Supervisors County File:GP 99-0004 and GP#990002/990003 re:Administrative Appeal On Extending DEIR Comment Period Page 3 Staff Response: The hearing was conducted on a regular day, time, and location for the Zoning Administrator meeting. The Zoning Administrator's hearing is not required under CEQA Guidelines. It is noted that the purpose of the Zoning Administrator's hearing is to provide an additional opportunity for the public and interested parties to comment on the adequacy of the DEIR, in addition to submitting written comments. 2. DEIR Not Available When Notice of Completion and Availability Was Issued The appellants assert that the DEIR was not available when the!Notice of Completion and Availability was issued. Staff Response:As was noted in the Notice of Completion and Availability, the DEIR document and appendices with supplemental information were immediately made available upon issuance. These documents were placed for public review at three convenient locations in the vicinity of the project site: Danville Branch Public Library, San Ramon Branch Public Library, and 3`6 Supervisorial District Offices. In addition, the DEIR and appendices were also immediately available at the offices of the Community Development Department. Upon receipt of the Notice of Completion and Availability, many interested persons made requests for the DEIR document via telephone, e-mail, or in writing. The Department mailed a copy of the document within 1-2 days to those making such a request for a copy of the document(approx. 80 copies of the DEIR were distributed in this manner to the public). Those desiring immediate access to the DEIR were directed to the public review locations, libraries ior County offices. Staff recommends the Board deny the appeals from the Sierra Club - Mt. Diablo Chapter and the Blackhawk Homeowners Association on the administrative decision by the Community Development Director relating to the extension of the comment period on the DEIR for the Camino Tassajara Combined General Plan Amendment Study. If the Board believes that unusual circumstances warrant an extension of the DEIR comment period beyond the CEQA Guidelines prescribed 60 day time limit,the alternative course of action is to grant the appeal of the administrative decision that extended the close of comment date on the DEIR to October 6, 2000.The Board could then re-establish a new and extended comment period on the DEIR to October 27, 2000, as requested by the Sierra Club - Mt.Diablo Group, or even longer into January 2001, as requested by the Blackhawk Homeowners Association. Attachments Exhibit"A":Appeal Letter from the Sierra Club- Mt. Diablo Group, dated 10/3/200 Exhibit"B":Appeal Letter from the Blackhawk Homeowners Association,dated 10/3!2000 .�._, EXHIBIT "A° .Mount Diablo Regional Group Sierra CZub - San Rancisco Bay Chapter P.O. Box 4457, %Znut Creek, CA 94596. October 3rd,2k RECP�"'- Contra Costa Board of Supervisors Att: Clerk of the Board OC - 1 7000 651 Pine St. Martinez, CA 94553 CIERK BOARD Of SUPERVISORS CONTRA COSTA CO, Re: Appeal-to postpone"Alamo Creek"D.E.I.R. Comment Period deadline of October 6th. Dear Supervisors/Clerk of the Board, On behalf of the Sierra Club's Mount Diablo Group, I would respectfully request the time frame for comments on the C.T.C.G.P.A.S.("Alamo Creek"Plan)D.E.I.R. be extended at least three weeks, or until October 27th, 2000. I cite the following points in support of this request. The comment period began during the summer vacation season.This deprived all those in the local community affected by the project, and still on vacation, from availing themselves of this significant portion of a rather limited time frame opportunity. I, myself,was on vacation during the latter part of August. • The project is very large and will have profound and long term, irreversible, impacts on the local community. It's effects,for example,will most likely be four times those envisioned for the controver- sial Wendt Project. Consequently,great care needs to be taken to assure that the environmental impacts are completely and thoroughly understood, and so, properly mitigated.The extra time will help achieve this. • To this point, only one public hearing has been scheduled for comments on the proposal.And, that was scheduled in such a way- 1:30 pm,in Martinez, on a work day- as to be virtually irrelevant for purposes of verbal input from.local (to the project) impacted residents.The three week extension would help rectify this by allowing at least one (hopefully two) hearing(s), October 12th, at a time and place hugely more convenient for the locals to add needed comments to the D.E.I.R. • Federal Agencies have moved in a significant way toward enacting Critical Habitat Status for dozens of threatened and endangered species in the region which includes the Alamo Creek site.The D.E.I.R. has made no allowance for evaluation of impacts and mitigation in the context of these new standards. Especially so, as pertains to infrastructures and the financing of infrastructures serving the project,where there may be a component of Federal tax money involved.This obviously needs more time to be fully explored and understood within this new environmental context. • Since I am the lead contact person for the Sierra Club for the region in question, I can attest to delays in receiving the D.E.I.R. Not just from the time frame starting during vacation time but also in actually receiving the document, after personally requesting it, nearly three weeks into the process. Evelyn Stivers, of Greenbelt Alliance also has stated there were delays in receipt of D.E.I.R. for their purposes as well. This project will have major impacts on the local community and the environment for decades to come. A relatively very small increase in the time allotted to expand and strengthen the environmen- tal review process seems a very small price to pay in order to make sure we get it right. Sincerely, Jim Blickenstaff Sierra Club,Mt. Diablo Gr p 24101 Talavera Dr. San Ramon, CA 94553 (925) 830-1929 (925) 830-8546 - Fax r � '00't CC. Interested Parties '�' l Evelyn Stivers, of Greenbelt Alliance also has stated there were delays in receipt of D.E.I.R. for their purposes as well. This project will have major impacts on the local community and the environment for decades to come.A relatively very small increase in the time allotted to expand and strengthen the environmen- tal review process seems a very small price to pay in order to make sure we get it right. Sincerely, Jim Blickenstaff Sierra Club,Mt.Diablo Gr p 2410 Talavera Dr. San Ramon, CA 94553 (925) 830-1929 (925) 830-8546 - Fax 4r,.-a G cc. Interested Parties "`s a EXHIBIT "B° 4125 Bleckhawk Plaza Circle,Suite 230,Danville,California 94506 Telephone:(925)736-8440;Fax(925)736-0428 E-mail Address:bhhoa4125@aol.com Linda Appleton,President Mark A.Goldbe CPMt» PCAMOCommunily Manager October 2, 2000 RECEIVED Board of Supervisors OCT 4 3 2000 County of Contra Costa c/o Clerk of the Board Cl RK B ARD OF SUPER IS RS 651 Pine Street CONTRA COSTA Ct}. Martinez, CA 94553 Notice of Appeal from Administrative Action and Request for Stay of Hearings and Other Actions Pending Determination Ladies and Gentlemen: This appeal by the Blackhawk Homeowners Association("Association")on its behalf and on behalf of its approximate 5000 members, who are owners of the 1991 homes within the Blackhawk Community, is pursuant to Chapter 14-4 of the Contra Costa Code,which provides in part: ...any person aggrieved by an administrative action taken by any officer of the this county under this code may appeal from the action to the board of supervisors... The Association and its members have a special interest in the proposed subdivisions and General Plan Amendments that are the subject of the DEIR. They are aggrieved and will suffer special injury by reason of the administrative actions because of their close proximity to the subdivision sites and the inevitable impact of the subdivisions on area traffic,air quality,schools,utilities,public services, parks and visual resources, etc. The Association and many of its individual members requested in writing that the comment period be extended, most asking for a period of ninety(90) days. The administrative actions being appealed are the September 14, 2000, decision of Dennis Barry, Community Development Director,and Patrick Roche,Director of Advance Planning,Community Development Department, and the September 25, 2000, decision of the Zoning Administrator,to close the period of time for public comment on the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and Related Actions C'DEIR")l on October 6, 2000, and to deny the Association's request, and the requests of various individuals and organizations,that the comment period be extended for a longer period of time than the mere one week that has been granted. Substantially more than fifty two(52)days should have been allowed for public comment because of the complexity of the projects. It is our understanding that forty five (45) days is the absolute minimum period allowed by the state. EAGENERAL COR.R.ESPONDENCEWAssajara DmIWmenflWritten Appeal For Extension.wpd Board of Supervisors Contra Costa County October 2, 2000 Page 2 • This is a large project,involving nearly 1,200 homes. It includes the re-planning ofnearly two separate proposed subdivisions and the re-planning of a third(Wendt Manch). • The DEIR is large and confusing to laymen. • The volumes of appendices are six inches thick. • Copies of the DEIR were not ready when the Notice of Completion and Availability said they would be. • Copies that were left at the libraries could not be found by the staff. • Planning Commission hearings which were held in the area were not widely publicized and subsequently not highly attended. In the "Guide to CEQA"pages 298 and 299 we note two important comments which I will quote here. They are: • "Thepurpose of requiring public review is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implication of its action. " • "The Authors of this book believe,however,that an agency's decision to grant a longer public review period than minimally required lies within the agency's discretion." Therefore we respectfully request that the Board of Supervisors grant an additional 90 days for public review of the DEIR and submission of comments, and that all hearings and other actions on the subject applications be suspended, and that no Final Environmental Impact Report be issued until after expiration of that 90 day period. Thank you for your consideration of this matter. I declare under penalty of perjury that the foregoing is true and correct. Dated: October 2. 2000. at Danville. California Mark erg Community Manager For the Blackhawk Homeowners Association E:ZENERAL CORRESPONDENCEUassajam Developmentmfitten Appeal For Extension.wpd ADDENDUM TO ITEM D.5 OCTOBER. 17, 2000 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the Administrative Appeals of the Mt. Diablo Regional Group, Sierra Club-San Francisco Bay Chapter and the Blackhawk Homeowner's Association from the decision of the Community Development Director on the requested comment period for the Draft Environmental. Impact Report for the Camino Tassajara Combined general Plan Amendment Study and related actions. Dennis Barry, Community Development Director, presented the staff report on the appeals and the staff recommendation for denial of the appeals. The following persons presented testimony: Mark Goldberg, 4125 Blackhawk Plaza Circle #230, Danville representing the Blackhawk Homeowner's Association; Mike Daley, 729 .Everett Street, El Cerrito, representing the Sierra Club; James Peters, 700 Liquidamber Place, Danville, in support of extending the comment period; Evelyn Stivers, 1601 N. Main, Suite 105, Walnut Creek, in support of the appeals. Following testimony from all those desiring to speak, the Board discussed the matter. Supervisor Gerber moved to extend the comment period for three weeks from today. There was no second to her motion. Supervisor Canciamilla moved to adopt the staff's recommendation, refer the matter back to the County and Regional Planning Commissions to schedule further public hearings both in Martinez and in District III on this project and conduct a review to determine whether it would be possible that those further public hearings incorporate the entirety of the proposal. The Board discussed the motion. Supervisor Uilkema seconded the motion. The Board finrth.er discussed the motion and issues including the location of future meetings by the Planning Commissions and consideration of the project in its entirety. Supervisor Canciamilla withdrew the portion of the motion concerning the location of further meetings by the Planning Commissions being in Martinez and stated that the meetings would be only in District III. Supervisor Uilkema called the question. Dennis Barry requested clarification on the motion and that his understanding of the motion was to refer to both of the Planning Commissions a request by the Board for additional public hearings on the project and a report from Community Development on November 14, 2000, on the feasibility of combining those and looking at the whole package. Supervisor Canciamilla clarified that his motion was to deny the appeals, adopt the recommendation contained in the staff report, request that the Contra Costa County Planning Commission and the San Ramon Regional Planning Commission schedule additional hearings in District III, and to refer to staff the question with a report back to this :Board as to whether or not it is feasible and advisable to consider this proposal in its entirety, and that should time permit, that the Board request the two Planning Commissions discuss that and also provide the Board with a recommendation from their meeting on the 26f of October. Supervisor Uilkema reconfirmed her second of the motion. Supervisor Gerber advised she could support the motion if, while asking the Planning Commission to have more meetings, that the Planning Commission also have the benefit of the Final Environmental Impact Report. Mr. Barry advised that if the Commissions are going to consider all of the entitlements and the General Plan as a package, they will have to have the Final Environmental Impact Report before them., and that would be one of the points covered in the November 14, 2000, report to the Board of Supervisors. IT IS BY THE BOARD ORDERED that the public hearing is CLOSED; the Administrative Appeals of the Mt. Diablo Regional Group, Sierra Club-San Francisco Bay Chapter and the Blackhawk Homeowner's Association relating to the extension of the comment period on the Draft Environmental Impact Report for the Camino Tassajara Combined General Plan Amendment Study are DENIED; the Contra Costa County Planning Commission and the San Ramon Valley Regional Planning Commission are REQUESTED to schedule additional hearings within District III; and Community Development staff is DIRECTED to report back to the Board of Supervisors on November 14, 2000, on the feasibility and advisability of considering this proposal in its entirety, and Should time permit, the two aforementioned Planning Commissions discuss this issue and provide the Board with a recommendation from their October 26, 2000 meeting. REC IVED OCTOBER 16, 2000 OCT 1 7 2000 CLERK B ARD OF UP RVISO S CONTRA COSTA Co. MR, PATRICK ROCHE CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPT, 651 PINE STREET, 2"°FLOOR NORTH WING MARTINEZ, CA. 94553 DEAR MR, ROACH, THIS LETTER IS IN REGARD TO THE PROPOSED CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT STUDY. MY WIFE AND I LIVE IN BLACKHAWK AND HAVE OWNED OUR HOUSE SINCE 1983. WE ALSO WERE VISITORS TO THIS AREA FOR 20 PLUS YEARS PRIOR TO PURCHASING OUR CURRENT HOME, THAT TOTALS ALMOST 35 YEARS OF ENJOYING LIFE HERE WHILE OBSERVING CHANGES TO CONTRA COSTA COUNTY INCLUDING THE DANVILLE AREA. WITH OUR COMMITMENT TO THIS AREA I AM SURE YOU UNDERSTAND WHY WE WOULD HAVE SOME CONCERN OVER PLANS FOR A DEVELOPMENT THE SIZE OF THE ONE PROPOSED. WE ARE CONCERNED PRIMARILY BECAUSE WE RESIDE IN THE PROJECT'S SPHERE OF INFLUENCE AND WERE MORE CONCERNED AFTER READING THE TOWN OF DANVILLE'S LETTER TO THE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OBTAINED AT THE LAST PUBLIC HEARING ON 10/12/00, AS YOU MAY KNOW THE TOWN'S LETTER POINTS OUT MANY DISCREPANCIES IN THE DRAFT ENVIRONMENTAL IMPACT REPORT. IT STARTS BY STATING THAT"THE EIR SHOULD BE OF THE HIGHEST QUALITY", AND GIVE AMPLE TIME TO THE PUBLIC AND THE DECISION MAKERS FOR A FULL OPPORTUNITY TO UNDERSTAND THE PROJECT'S ENVIRONMENTAL REPERCUSSIONS, AND TO COMPARE THEM TO OTHER PROJECT SCHEMES. ( I UNDERSTAND THESE SCHEMES ARE OUTLINED IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). THE LETTER FURTHER STATES THAT THE DEIR"FAILS ENTIRELY"TO DO THE ABOVE AND THAT THE DEIR VIOLATES EVEN MINIMUM STANDARDS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA). IT GOES INTO GREAT DETAIL IN OTHER AREAS OF THE DEIR THAT THE TOWN ALSO CLAIMS ARE UNSATISFACTORY. THE STAFF REPORT GIVEN ON 10/12/00 AT THE LAST PUBLIC HEARING CAME ONLY 8 DAYS AFTER THE DATE ON THE TOWN OF DANVILLE'S LETTER. 1 WHILE THERE WAS SOME MENTION OF THE CONCERNS OF THE TOWN OF DANVILLE IN THE STAFF REPORT, I WONDER IF THERE WAS TIME BETWEEN THE RECEIPT OF THE LETTER AND THE PREPARATION AND PRESENTATION OF THE STAFF REPORT TO RECONCILE THE DIFFERENCES OR EVEN TO TAKE THE TOWN'S REPORT UNDER CONSIDERATION, WHILE COMPILING THE STAFF RECOMMENDATION? DURING MY LONG CAREER IT HAS BEEN MY EXPERIENCE THAT LARGE COMPLEX PROJECTS WITH ENVIRONMENTAL IMPACTS,AND RESISTANCE FROM THE PUBLIC, ARE MORE SUCCESSFUL WHEN JOINT INTEGRATED PLANNING IS USED, UP FRONT AND PRIOR TO ANY APPROVAL OF THE PROJECT. THIS INCLUDES AMPLE TIME FOR INPUT/PUBLIC REVIEW ETC. THIS ACTIVITY CAN BE PART OF THE PROJECT SCHEDULE. MY FEAR IS THAT WITHOUT SUCH AN ACTIVITY ON THIS PROJECT "MITIGATION"WILL COME ON A"CATCH-UP"BASIS AND ADVERSELY EFFECT THE ENVIRONMENTAL QUALITY OF THE AREA DURING THE COURSE OF THE EIGHT YEAR PROJECT, BECAUSE OF SUCH CONCERNS, MY WIFE AND I FULLY SUPPORT DANVILLE'S CALL FOR A REVISED JOINT DEIR, PRIOR TO ANY FURTHER ACTION ON THE PROJECT. THIS CAN BE DONE TO A JOINTLY APPROVED SCHEDULE THAT INCLUDES TIMING FOR THE NECESSARY ACTIVITIES (INCLUDING PUBLIC REVIEW). WE ALSO SUPPORT DANVILLE'S CALL FOR"EXACTING SCRUTINY" BY ALL APPLICABLE AGENCIES, WITH PARTICULAR ATTENTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, WHATEVER THE LASTING IMPACT OF THIRTEEN HUNDRED HOUSES IS COMBINED WITH THAT OF DOUGHERTY VALLEY AND OTHER ACTIVITY ON BOTH ENDS AND ALONG TASSAJARA, IT WILL BE HERE FOR A LONG TIME. THANK YOU FOR YOUR TIME, SINCERE' INCER Y YOURS, fQ IDAMBER PL. ILLE, CA. 94506 CC:DONNA GERBER, SUPERVISOR CONTRA COSTA COUNTY JOSEPH A. CALABRIGO, DANVILLE CITY MANAGER MARK GOLDBERG, BLACKHAWK HOA 2 Philip Ho 4276 Knollview Delve,Danville,CA 94506 925 648-9495{hame),650 559-7236( h ) October 16,2000 Dorms Gerberi District III Supervisor OCT 7 2000 Contra Costa County CLERK BOARD 309 Diablo Road Cory A of sUPERVso s Danville,CA 94533 c�srAo 925 820-8683,fax 925 820-6627 Subject: Joint Plaunuxg Commission Meeting fear Camino Ta aura Combined General Amendment Study Dear Donna: I am very concerned about the manner in which the Joint Planning Commission ung was conducted. At the September 21 st met ting,County staff suggested three possible fitm meeting dates,namely October 12th,19th and 26th,to County Commission Chair Richard Clark. W.Clark selected October 12th as the meeting date without discussing with other Commissioner on their availability to attend, i was unable to attend the October 12 meeting becaatse of a conflict with a business meeting that evening. I am perple xed by Mr.Clark's unilateral decision given.that October 12th is the earliest date which would give the public relatively little time to prepa m for the hearing. I strongly believer that such decisions should be jointly made by the Chairs of the two Planning Commissions. I am also caused about the 45-day public comment period which was extmuled from September 28th to October 6th. Although this is a singles application, it consists of multiple laarge-scale residential development projects,each with a multitude of complex issues,mtrnerm significant cavironm+entsl impacts,and far reaching effem on the quality of life in the tri-valley are& it is for thew reasons that the public should be given ample time to study the 'mm and impacts,and to submit written comments to County. It would be very helpful to re-open the comment period. I appreciate this opportunity in expmssing my concerns and requests. Yours truly, Philip Ho SRVR.Planning Commissioner CBCT-16-2000 16:3E3 650-6BS-9310 P.01 . :.' ..„ Aw x i • y :a y it.t 1 !a T"- ♦ • • • • • • • 1 • . s • r y • 1' • 1 .' 1tx ! it 10 a ily ♦ t � i i t :.-� •+� :.+^• t` ♦ • R.f :«r e s s yP e �- - :.f • • .4. ! k •1 1 r cC N'T ObSTA COUNTY LOCAL AGENCY FORMATION COMMISSION ;? 651 Pine Street,Eighth Floor•Martinez,CA 94553-1229 OCT[a (925)646-4090•FAX(925)646.2240 ��fc ,_-t . MEMBERS ALTERNATE MEMBERS Joseph Canciamilia David Kurrent Richard Bartke EXECUTIVE OFFICER County Supervisor Public Member Public Member ANNAMARTA PERRELLA Millie Greenberg Dwight Meadows Donna Gerber Danville Town Council Special Districts County Supervisor David Jameson Michael Menesini George H.Schmidt Special Districts Martinez City Council Special Districts Gayle B.Uilkema Don'Tbtzin County Supervisor Lo jayerte Ci y Council DATE: October 16, 2000 TO: Patrick Roche, Community Development Dep,a n EC IVE_D 2nd Floor, North Wing OCT .1 9 2000 FROM: Annamaria Perrella CLERK �°OF CO EHVISOss 01 SUBJECT: DEIR — Proposed Camino Tassajara Combined GPA Study And Related Actions On October 10, I received a copy of the Town. of Manville's comments on the subject document. When I revie=wed my files, I could find no indication that the County, as lead agency for the proposed project, forwarded either the Notice of Preparation or the DEIR for comment. LAFCO must be given the opportunity to provide input and comments to the lead agency during the preparation of all environmental documents. In this way, the Commission ensures that the environmental documents address LAFCO's concerns related to the proposed project (annexations/sphere of influence (SOI) amendments) — especially if build out of a project may result in the capacity of any public service or facility being exceeded or substantially affected.. With that said, even though the comment period has expired, I hope that LAFCO's comments can be incorporated into the record. LAFCO has specific responsibility for evaluating certain impacts and environmental issues to fulfill its responsibilities under the Cortese-Knox Act. Issues that should typically be addressed and which are of particular jurisdictional importance to LAFCO include cumulative and regional impacts, impacts to public service agencies including, but not limited to, water supply and distribution systems; wastewater treatment and sewer collection systems, fire protection and public facilities maintenance districts. Patrick Roche 2 The proposed project site, located within the County's Urban Limit Line (ULL), is for the development of 1,387 dwelling units on+/- 767 acres over a phased build out of eight years. The intervening and Wendt properties are within the SOI boundaries of Danville, the Central Contra Costa Sanitary District (CCCSD) and the East Bay Municipal Utility District (EBMUD). A small portion of the Alamo Creek property is also within the Town's SOI, but none of it is within the SOIs of CCCSD and EBMUD. The DEIR is incorrect in that the area north of Camino Tassajara is within the Town's SOI; it was removed by LAFCO, at Danville's request, early this year As background, on March 12, 1997, this Commission approved the annexation/S01 amendment of the+/- 165-acre Wendt Ranch site to CCCSD and to EBMUD. The SOI boundaries of the Town of Danville, CCCSD and EBMUD were also amended to include the so-called 44-acre "Corrie property/Tassajara Meadows", subsequently annexed to Danville, and the so-called "intervening property" (located between Corrie and Wendt Ranch). At the time, both CCCSD and Danville supported the SOI amendments as being consistent with adherence to the requirements and policies enumerated in the Dougherty Valley Settlement Agreement and Danville's General Plan. EBMUD, however, was opposed to the SOI amendments and the Wendt annexation. Specifically, the area was outside its Ultimate Service Boundary (USB); EBMUD's contention was that annexation and expansion of EBMUD's SOI was "contrary to the policies of the District with respect to extension of water service to areas outside the USB". Because of the proximity of EBMUD's service boundary as it related to the Town and affected territory (i.e., logical service provider), the Commission approved the Wendt annexations to CCCSD and EBMUD and SOI amendments. However, the Commission recognized the complexities of service from EBMUD, so its approval for the EBMUD component was granted pursuant to the condition outlined in Government Code Section 568440). Patrick Roche 3 Referring to the present project, specifically to Alamo Creek, the DEIR states that the "remainder of Alamo Creek is not in San Ramon's SUI but could be annexed into San Ramon." Annexation to a city requires that the annexing area be contiguous to the city's municipal boundary. Contiguity of the Alamo Creek to San Ramon's corporate boundary might be difficult to achieve. From a LAFCO standpoint, it would seem to be more logical to discuss in greater detail the possible annexation/SOI amendment to Danville rather than San Ramon, with the analysis tailored to the factors outlined in Government Code Section 56841 (this Commission also requires that an annexing city prezone affected territory). The factors to be considered pursuant to 56841 should also include the ability of an agency to provide adequate services, the timely availability of adequate water supplies, and the extent to which the proposal will assist the annexing city in achieving its fair share of regional housing allocation needs. LAFCO recognizes the importance of adequate and affordable housing in growth decisions. With regard to the timely availability of adequate water supplies, the DEIR analysis of water supply does not appear to fully address the issue. Would an adequate water supply be available from EBMUD? What is the specific source or sources of water? What mitigation measures would be in place to avoid adverse impacts? At the time of the aforementioned approval of the Wendt annexation/S01 amendments, EBMUD advised LAFCO, quite strongly, that it would oppose any extension of its service/SOI boundary beyond Wendt Ranch. That position has not changed. In fact, at the time of this Commission's 2000 Special Districts SOI Program Update Program, EBMUD again reiterated its position of opposing any expansion easterly of Wendt Ranch. With regard to the CCCSD component, while the District did not oppose the annexation/S01 amendment for Wendt Ranch, I'm not aware whether or not it opposes or supports the proposed project? Can the CCCSD system handle the wastewater treatment needed for Alamo Creek? This information is required in order for LAFCO to properly assess whether facilities related to the proposal would be sized or situated so as to facilitate the extension to lands which lie between existing facilities and the project site. Patrick Roche 4 When and if a proposal for a change of organization or reorganization is submitted to LAFCO, the Commission will require a Plan for Service from CCCSD and EBMUD, prepared pursuant to Government Code Section 56653. Finally, Governor Davis recently signed AB 2838, the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000; most provisions of the new law will go into effect January 1, 2001. It is not yet known how the new revisions may impact this Commission's written policies and procedures with respect to planned, well-ordered and efficient urban development patterns which are based, in large part, on local conditions and circumstances. As indicated earlier in this memo, though, LAFCOs now co s ider factors such as available water supply, affordable housing goals and whether or not existing agencies can provide efficient and adequate services. Because the new legislation elevates policies that encourage efficient extension of governmental services, the revisions will affect all property owners, land developers and local agencies. LAFCO would encourage an extension, if possible, of the public review and comment period. Thank you for allowing LAFCO to comment, albeit late, on the proposed project. cc: LAFC Commissioners Town of Danville City of San Ramon CCCSD EBMUD OCT-18-2000 1509 FROM CCC LAFCO TO 93351222 P-01 CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMiSSIOt "I Piro Street,Eighth Floor-Martinez,CA 94553-1225 (925)6464090`FAX(925)646-2240 MEMBERS AL'T'ERNATE MEMBERS Jo"k Cancun ak DnW Kurtrat Rkbard SarW EXECUTIVE OFFICER County Supervisor Public Member Public Member ANNAMARIA RRELLA Mid Grtanbtn Pwigbt Meadows Donna Gerber Danville Town Council speerarl Districm County.Supervisor DX*1d Jammon t Utftef Crow I.Smagm Special DLstrras Martinet City Council Special Districts Gayle&Lfilikema Don TAWA County suptrvfsor rnfrprtre City C»unrit DATE,: October 18, 2000 RECEIVED TO: Patrick Roche, Community Development Departme t OCT 1 9 2000 2"d Floor, Noreh Wing CLERK BOARD OF SUPERVISORS CON TPA COSTA Co. FROM: Annamaria Perrella, Executive Officer SUBJECT: PROPOSED CAMINO TASSAJARA COMBINED GPA STUDY AND RELATED ACTIONS This Commission's off has urged agencies seeking a change of organization or reorganization for a development project to structure the CEQA process so that the environmental document(s) can address all aspects of the LAFCO process, not just the annexation or sphere of influences amondmont. That way, oven though those entitlements may not be considered by LAFCO for some time, it will be possible to use the environmental document(s)to address the whole project. When I called last week and informed you that LAFCO was emitted from the distribution list for the Notice of Preparation and the DEiR for the subject project, you advised that the comment period had ended. However, you hand-delivered a copy of the DEIR to my office on October 13 and said that if I prepared a response "early next week" it would be included in the record. Can October 16, 1 "quickly" reviewed the document and prepared a response. In my October 16 response, I encouraged an extension of the public review and comment period because it was not yet known how AB 2833 would impact this Commission's written policies aril pruc edures (and other required factors) when it considers a proposal for a change of organization or reorganization or sphere of influence amendment. I had hoped that LAFCO's comments could be reviewed by the Board of Supervisors at its meeting yesterday—especially in light of my suggestion that the public review and comment period be extended. Unfortunately, I loarnod today that my memo and request for an extension wasn't received until after the Board met and determined not to extend the public review and comment period. QCT-18-2eW 15:10 FROM CCC LAFCO TO 93351222 P.02 Patrick Roche 2 Since LAFCO is a responsible agency for the proposed project, it must use the lead agency's EIR. However, under CEQA, a responsible agency's role is more limited than that of a lead agency. This is particularly true in the case of a LAFCO as a responsible agency since a LAFCO has little power to control specific land use in a manner that would mitigate or avoid most environmental impacts. A LAFCO's role is generally to look at the broader governmental boundary considerations of a proposal and approve a boundary change (or approve with modifications) if the proposal Is consistent with sound governmental structure for the area. With that said, r think i't's very important that the Commission's comments he included in the EiR. Because of time constraints, 1 did not include in my October 16 response a copy of this Commission's policy statement regarding the prevision of water service to urbanizing areas. In light of the complexities of the proposed project, especially with the provision of water service, please accept this memo and the enclosed statement as an addendum to my October 16 comments. Enclosure Distribution: • tAFC Commissioners • 'Town of Danville City of San Ramon + EBMUD CCCSD DCT-18-20W 15:1e FROM CCC LRFCO TO 93351222 P.03 LOCAL AGENCY FORMATION COMMISSION OF CONTRA COSTA COUNTY STATEMENT OF POLICY FOR EVALUATING APPLICATIONS REQUESTING THE PROVISION OF WATER SERVICE TO URBANIZING AREAS (Adopted January 13, 1999) In addition to thefactors the Commission is required to evaluate and review pursuant to Government Code Section 56841, the following criteria are also applicable in order to ensure greater consistency in LAFCO's decision-making process: 1) Any proposal for a change of organization which includes the provision of water service shall provide information sufficient to determine that adequate services, facilities, and improvements can be provided and financed by the agency responsible for the provision of such services,facilities and improvements. 2) Any proposal for a reorganization(two or more changes of organization)will be evaluated based on each component organizational change. The Commission will then balance the overall benefits against the costs and adverse impacts in deciding on the reurpaiizatiun us it whole. 3) In evaluating the capability of an annexing agency to provide the required service,the Commission shall take into account the agency's ability to acquire the resources necessary to provide the needed service(i.e.,ulster rights necessary to provide the water services noodcd by aro arca proposed for annexation). 4) In cases where it is not clear that the provider of water is able and willing to provide service to the annexing area, the Commission would like to see evidence that water service will be available. Such evidence may include,but not limited to,any of the following: 1)a Plan for Service pursuant to Government Code Section.56651, 2)a "will serve"letter by the agency,or 3)an agreement between the developer and the agency. 5) The Commission may determine that a need for service exists if there is a public health or safety threat or if the area's growth patterns indicate that the area is likely to be developed for urban use with five years provided it is designated for urban uses in the appropriate land use authority's General Plan. 6) Lands to bu umoxod shall be within the adopted sphere of influcnec of the of ectcd agency. 7) The annexation mast be a reasonable and logical expansion of the agency's boundaries. Further,territory to be annexed must be contiguous to the annexing agency unless otherwise provided by the principal act under which the agency operates. TnT01 P GI2 James R. Peters Tele: 925 736-2090 700 Liquidamber Place Fax: 925 736-5190 Danville, CA. 94506 e-mail: pete465@pacbell.net Date: // / a "--- Time To: Fax No. From: C / -- Return Fax No. 5''c Return Tele. No. ' ' Pages sent 3 Includes Cover Janes R. Peters Tele: 925 736-2090 740 Liquidamber Place Fax: 925 736-5190 Danville, CA. 94506 e-mail: pete465pacbell.net Date: - f-(1 6*>� Time ' To: C.2 Fax No. From: ' /t return Fax leo. �° �� 0 Return Tele. No. Pages sent 8 Includes Cover dotes: al'__e. - James R. Peters `fele: 925 736-2090 700 L,iquidamber Place Fax: 925 736-5190 Danville, CA. 94506 e-mail: pete465@pacbell.net Date: }' -� 16 --- 6`<2 Time To: Fay No. From: G --�,ar �`. --..�-- Return Fax No. — . 90 :Return Tele. No. Pages sentIncludes Cover Notes: 1' � - The Board of Supervisr -sContrQ Phil Batchelor Clerk of the Board County Administration Building ` County and 651 Fine Street, Room 106 {n25}ass-tsuo Martinez, California 945531293 ou�"''t / John Gioia, 1st District Gayle uilkema,2nd District Donna Gerber,3rd District pt 08 Mark DeSaulnier,4th District - �t Joe Canciarnilla,5th District Vo October 5, 2000 Blackhawk Homeowners Association 4125 Blackhawk Plaza Circle, Suite 230 Danville, CA 94506 Attn: Mr. Mark A. Goldberg, Community Manager Dear Mr. Goldberg. Pursuant to Section 14-4 . 006 of the County Ordinance Code, notice is given that October 17, 2000, at 1 :00 p.m. at 651 Pine Street, Room 107, Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related actions . If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Aaministr r B Y Ann Cerve i, ffeputy Clerk cc : County Counsel County Administrator Community Development Department_ Phil Batchelor The Board of Bupervi: rs Contra � Clark of the hoard Costa and County Administration Building County Administrator 651 rine Street, Room 106 I925l s s-tsoo Martinez,California 84553-1293 County � l John Gioia,tst District 00 OCT _g AM 9; 08 Gayle Uilkema,2nd District Donna Gerber,3rd District - Mark DeSaulnier,4th District ° Joe Canciamille,5th District c 'w- October 5, 2000 Sierra Club-San Francisco Bay Chapter Mount Diable Regional Group 2410 Talavera Drive San Ramon, CA 94583 Attn: Mr. Jim Blickenstaff Dear Mr. Blickenstaff : Pursuant to Section 14-4 . 006 of the County Ordinance Code, notice is given that October 17, 2000, at 1 : 00 p.m. at 651 Pine Street, Room 107, Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related Actions. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Ann Cervelli, Deputy Clerk CC: County Counsel County Administrator Community--Development Department, The Board of Suiperv#sk 5 Contra PhiloftheB Board Cleric ai the Board County Administration Building Cosh County Administrator 651 Fine Street, Room 106 (ats)336.1900 Martinez,California 94553-1293 Count/` Jahn Giola,t st District Gayle tlllkema,2nd District Donna Gerber,3rd District ; : ". .. 60 OCT -9 QM g: 08 Mark DeSaulnler,4th District Jere Daneiamilia,5th District October 5, 2000 Blackhawk Homeowners Association 4125 Blackhawk Plaza Circle, Suite 230 Danville, CA 94506 Attn: Mr. Mark A. Goldberg, Community Manager Dear Mr. Goldberg: Pursuant to Section 14-4 . 006 of the County Ordinance Code, notice is given that October 17, 2000, at 1 : 00 p.m. at 651 Pine Street, Room 107, Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related actions . If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad inistr r By Ann Cerve i, breputy Clerk CC: County Counsel County Administrator Community Development Department The Board 4f Supervis ;Sontr B Phil Batchelor Clerk of the Board o t and County Administration wilding County and 651 Pine Street, Room 106 (925)335.1 goo Martinez, California 94559-1293 County o int John Giola,1st District ��OCT �� Gayle Ulikema,2nd District Donna Gerber,3rd District ` Mark DeSattinter,4th District Joe Danciarnilia,5th District os , October 5, 2400 Sierra Club-San Francisco Bay Chapter Mount Diablo Regional Group 2410 Talavera Drive San Ramon, CA 94583 Attn: Mr. Jim Blickenstaff Dear Mr. Blickenstaff : Pursuant to Section 14-4 . 005 of the County Ordinance Code, notice is given that October 17, 2000, at 1 : 00 p.m. at 651 Pine Street, Room 1.07, Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related Actions . If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By CLAA 0 "O-L% Ann Cervelli, Deputy Clerk CC: County Counsel County Administrator Community-Development -Department'f SAVE MT DIABLO TEL :925--94?-3603 Oct 16 *00 16:56 No .007 P.41/01 i. a�37l-,—, +r•;aj•. f —+�t �fi+"rLY t„x t s Hazard of Supe rviscos Contra CDgt&qty � bel Pine Strom "• �' Arch"Don well October 16, 20W Wct Preskkr ,F,�r e -4 �r Arnara Koec j.D. re A #p5fem Qty and Blwkhawjk HOA on exbonsion of cmmmt per!tod of the Secretar4mHun t, dQiR 'T�dr tri us s " xd Martin Bret" Pau!Cho "er I ted the staff report tin d%e appeal,wit u dumtes that AmS.'tom uuzkod pubhesu m Donald cue P ry.MD. of the Wafice oflefion aex+'Ya�ty of the d.EIR,for C"zino T;m"axa Steph=JONVh Combined GPA�. R M smart ivranr+ ,, r.D_ rtaheccNtuus TWs isnz t quite accurate. On Aug_22[picked up a co of the 4 R frC m t f(durivig Allan i� the F'larenixtg r � hdi aan theme��rli David Swgent the wh�clt�ettt eseren�al��o€that� ,eared w�IS tolCiti t her3 t4 be�cawse t�were�� l asricl axrd teras tc�tli.that I wr�,tci bd3 +� W�►.�a sr , en wet+e wady. Thi►wit er I i ori vac +a Sem.�. sten wffFe L*t ar ieth Adage On Sept 11th,w hder I was an vacation Save Mount Diablo roc ived a call twat the copies Dime or of t=d of tfx*- "were ready. Regindlew of any 9dwa&mg the actual avgi ility of the ¢,09rMT fug d was a full:28 days after tf ie Notice of C nTletion. I noted this proWem M' my ""Keller limited Oct.6 m muients on the d in addition to SMrYs concem abo t the$145 cost Vke t gear of the d.E R and appendixes, Ake Both availabili of the dEIR and its c on*1ne to have pate�aitl and zsh Boulevard A9 5 lU 9� tax tact brio�a tl t� BIR. Save Mount Diablo bas wrly�t+en tbA cry cn�,�� y � F'u Countyr seyn-id times111Lheart Jfw went periods shard be wdez>de& Thanks :a W M >i�� for y your con4derati and of the appeals befom you- tO-Box 5376 Valnut Cxee CA 94,596 csftw"y' 425947-3335 )25}X347-3643 Seth Adams xveM&fiab*a&1.er rc Director of Land Programa �►w..rerv�vrrr�unrdi�rr�.�r� 'ave Mount Diablo BOARD .01 'SUPERVISORS $' 'CONTRA VUS IA GUU'N I'Y t" SAL i FURNIA AFFIDAVIT OF MAILING In the Matter of Notice of Nearing on the Administrative Appeal of Sierra Club-San Francisco Bay Chapter, Mount Diablo Regional Group from the decision of the Community Development Director relative to the comment period for the DEIR for the Camino Tassa_-jara Combined Gen. Plan. ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United Mates , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of Notice of Nearing Sent Certified Mail via General Services to the following : Sierra Club-San Francisco Bay Chapter Mount Diablo Regional Group 2410 Talavera Drive San Ramon, CA 94583 SENDER: COMPLETE THIS SECTION COWILETE THIS �rCTION ON OC-LIVEW ■ CO plete items 1,2,and S.Also Complete A. Received by(Pt Print Clserl B. Date of Delivery fte 4 if Restricted Delivery is desired. id_12 ■ PHI t your name and address on the reverse C. Si so hat we can return the card to yau. C]Agent ck of the mailpiece, ❑Addressee U.S. Postal Service CERTIFIED MAIL RECEIPT delivery address different from item 17 ❑Yes YES,enter delivery address below: 0 No Cr Lry rCJ C3 postage $ 7;_ Service Type M ocertffied Mail ❑ Express Mail Cr Cr Gertlfted Fee ® Registered Cd'Return Receipt for Merchandise fti7 Retum Eieaetpt Fee O insured Mail ❑C.O.D. (En doreoment Required) Here e Restricted Delivery?(Extra Fee) ❑Yes Fee Q fE tt Reequ C3 Towi ae a�«, $ fU Receipt 102595-99-M-1789 Ln C ed ! tri (P! pr1 t 1++ C3 1 OOTJ 410d +ll+l} + C3 $ Apt C3 I declare under penalty of perjury that the foregoing is true and correct. Dated October 5, 2000 , at Martinez, California. 3AW epu y Clerk CONTRA COSTA COUNTY CLERK OF THE BOARD To: DENNIS BARRY, DIRECTOR DATE: October 4, 2000 COMMUNITY DEVELOPMENT DEPARTMENT FROM: Ann Cervelli, Chief Clerk �f Clerk of the Board of Supervisors SUBJECT: Administrative Appeal Sierra Club Mt. Diablo Grou We are in receipt of the attached administrative appeal filed by the Sierra Club Mt. Diablo Group relative to the time frame for comments on the C.T.C.G.P.A.S. (Alamo Creek Plan) D.E.I.R. being extended at least three weeks or until October 27', 2000. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 17, 2000, at either 11 a.m. or 1 p.m. If this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by October 5, 2000. If the appeal is to be heard, material relative to this appeal to be presented to the Board should reach this office by October 11, 2000, Ac Attachment Cc: County Counsel County Administrator .Mount Diablo Regional Group Sierra Club - San 1;�ancisco Bay Chapter P.O. Box 4457, Walnut Creek, CSA 94596. October 3rd, 2k RECD' Contra Costa Board of Supervisors Att: Clerk of the Board =80ARD 000 651 fine St. Martinez, CA 94553 CLERK OF SUPERVISORS CONTRA COSTA CO. Re: Appeal-to postpone "Alamo Creek"D.E.LR. Comment Period deadline of October 6th. Dear Supervisors/Clerk of the Board, On behalf of the Sierra Club's Mount Diablo Group, I would respectfully request the time frame for comments on the C.T.C.G.P.A.S.("Alamo Creek"Plan)D.E.I.R. be extended at least three weeks, or until October 27Th, 2000. I cite the following points in support of this request. The comment period began during the summer vacation season.This deprived all those in the local community affected by the project, and still on vacation, from availing themselves of this significant portion of a rather limited time frame opportunity. I, myself,was on vacation during the latter part of August. • The project is very large and will have profound and long term, irreversible, impacts on the local community. It's effects, for example,will most likely be four times those envisioned for the controver- sial Wendt Project. Consequently,great care needs to be taken to assure that the environmental impacts are completely and thoroughly understood, and so,properly mitigated.The extra time will help achieve this. • To this point, only one public hearing has been scheduled for comments on the proposal.And, that was scheduled in such a way - 1:30m,in Martinez, on a work day- as to be virtually irrelevant for purposes of verbal input from local rto the project) impacted residents.The three week extension would help rectify this by allowing at least one (hopefully taro) hearing(s), October 12th, at a time and place hugely more convenient for the locals to add needed comments to the D.E.I.R. • Federal Agencies have moved in a significant way toward enacting Critical Habitat Status for dozens of threatened and endangered species in the region which includes the Alamo Creek site.The D.E.I.R. has made no allowance for evaluation of impacts and mitigation in the context of these new standards. Especially so, as pertains to infrastructures and the financing of infrastructures serving the project,where there may be a component of Federal tax money involved.This obviously needs more time to be fully explored and understood within this new environmental context. • Since I am the lead contact person for the Sierra Club for the region in question, I can attest to delays in receiving the D.E.I.R. Not just from the time frame starting during vacation time but also in actually receiving the document, after personally requesting it, nearly three weeks into the process. Evelyn Stivers, of Greenbelt Alliance also has stated there were delays in receipt of D.E.I.R, for their purposes as well. This project will have major impacts on the local community and the environment for decades to come. A relatively very small increase in the time allotted to expand and strengthen the environmen- tal review process seems a very small price to pay in order to make sure we get it right. Sincerely, e'rJim Blickenstaff Sierra Club,Mt. Diablo Gr p 2410 Talavera Dr. San Ramon, CA 94553 (925) 830-1929 (925) 830-8546 - Fax S 7"rte' eta c rr�'c .7e,,,,~ e o C. 4l �,�t i ek a- 00, r AO cc.Interested Parties e,,-o' /yam r < s MANNOW CONTRA COSTA COUNTY CLERK OF THE HOARD TO: DENNIS BARRY, DIRECTOR . DATE: October 4, 2000 COMMUNITY DEVELOPMENT DEPARTMENT FROM: Ann Cervelli, Chief Clerk W Clerk of the Board of Supervisors SUBJECT: Administrative A peal Sierra Club Mt, Diablo Grow We are in receipt of the attached administrative appeal filed by the Sierra Club Mt. Diablo Croup relative to the time frame for comments on the C.T.C.G.P.A.S. (Alamo Creek Plan) D.E.I.R. being extended at least three weeks or until October 27b', 2000. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 17, 2400, at either 11 a.m. or 1 p.m. If this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by October 5, 2000. If the appeal is to be heard, material relative to this appeal to be presented to the Board should reach this office by October 11, 2000. Ac Attachment Cc: County Counsel County Administrator a a.ux1 w.,,r on a►.c.n t ar k... �+✓ �.1 L! l !.J �. t r j 404 to 0 00 Oil t 100 ( 6 Ln 0 0 ) 00 i� I r t Ln v 04 �✓ C? i !' _ t , G) .? a . w) .1 ``t 1 .) �) s .iii l000� +� 000 ) 00 jo ! ► ! Y t�i .. ¢.. ir.r aw% ..r _ .. 3 •. ... 0 .c 1 e ark ..�1 .�� 0 0 Mount Diablo .fie canal Group Sierra Club - San FYancisco Bay Chapter P.O. Box 4457, Walnut Creek, CA 94596. ,Q 4',", J October 3rd,2k REU'� : Contra Costa Board of Supervisors Att: Clerk of the Board 0C l 1 7000 651 Pine St. Martinez, CA 94553 CLERK BOARD OF SUPERVfSCRS CONTRA COSTA Co. Re: Appeal-t6 postpone "Alamo Creek" D.E.I.R. Comment Period deadline of October 6th. Dear Supervisors/Clerk of the Board, On behalf of the Sierra Club's Mount Diablo Group, I would respectfully request the time frame for comments on the C.T.C.G.I?A.S.("Alamo Creek"Plan)D.E.I.R. be extended at least three weeks, or until October 27th, 2000. I cite the following points in support of this request. The comment period began during the summer vacation season.This deprived all those in the local community affected by the project, and still on vacation, from availing themselves of this significant portion of a rather limited time frame opportunity. I, myself,was on vacation during the latter part of August. • The project is very large and will have profound and long term, irreversible, impacts on the local community.It's effects, for example,will most likely be four times those envisioned for the controver- sial Wendt Project. Consequently,great care needs to be taken to assure that the environmental impacts are completely and thoroughly understood, and so, properly mitigated.The extra time will help achieve this. • To this point, only one public hearing has been scheduled for comments on the proposal. And, that was scheduled in such a way - 1.30 pm,in Martinez, on a work day- as to be virtually irrelevant for purposes of verbal input from local (to the project) impacted residents.The three week extension would help rectify this by allowing at least one (hopefully two) hearing(s),October 12th, at a time and place hugely more convenient for the locals to add needed comments to the D.E.I.R. • Federal Agencies have moved in a significant way toward enacting Critical Habitat Status for dozens of threatened and endangered species to the region which includes the Alamo Creek site.The D.E.I.R. has made no allowance for evaluation of impacts and mitigation in the context of these new standards. Especially so, as pertains to infrastructures and the financing of infrastructures serving the project,where there may be a component of Federal tax money involved.This obviously needs more time to be fully explored and understood within this new environmental context. • Since I am the lead contact person for the Sierra Club for the region in question,I can attest to delays in receiving the D.E.I.R.Not just from the time frame starting during vacation time but also in actually receiving the document, after personally requesting it, nearly three weeks into the process. Evelyn Stivers, of Greenbelt Alliance also has stated there were delays in receipt of D.E.I.R. for their purposes as well. This project will have major impacts on the local community and the environment for decades to come. A relatively very small increase in the time allotted to expand and strengthen the environmen- tal review process seems a very small price to pay in order to make sure we get it right. Sincerely, Jim Blickenstaff Sierra Club,Mt. Diablo Gr p 2410 Talavera Dr. San Ramon, CA 94553 (925) 8301929 (925) 830-8546 - Fax dr�Cz'cz r�C �',��e"s' �r••�'✓Tye !.T�T "L� u �` 7-;&(74 1OWe t`m►rt ��.�� r cc.Interested Parties �` s: CONTRA COSTA COUNTY CLERK OF THE BOARD TO: DENNIS BARRY, DIRECTOR DATE: October 4, 2000 COMMUNITY DEVELOPMENT DEPARTMENT FROM: Ann Cervelli, Chief Clerk Clerk of the Board of Supervisors SUBJECT: Administrative A peal Sierra Club Mt. Diablo Group_. .,_ We are in receipt of the attached administrative appeal filed by the Sierra Club Mt. Diablo Group relative to the time frame for comments on the C.T.C.G.P.A.S. (Alamo Creek Plan) D.E.I.R. being extended at least three weeks or until October 27th 2000. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 17, 2000, at either 11 a.m. or 1 p.m. If this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by October 5, 2000. If the appeal is to be heard, material relative to this appeal to be presented to the Board should reach this office by October 11, 2000. Ac Attachment Cc: County Counsel County Administrator Mount Diablo Rei zonal Group Sierra Club San Rancisco Bay Chapter P.O. Box 4457, Walnut Creek, CA 94596. October 3rd, 2k rR E C F I Contra Costa Board of Supervisors [0 Att: Clerk of the Board 0C I' 2000 651 Pine St. CLARK BOARD OF SUPERVISORS Go T Martinez, CA 94553 CONTRA COSTA CO. Re: Appeal-to postpone"Alamo Creek"D.E.I.R. Comment Period deadline of October 6th. Dear Supervisors/Clerk of the Board, On behalf of the Sierra Club's Mount Diablo Group,I would respectfully request the time frame for comments on the C.T.C.G.P.A.S.("Alamo Crecle'Plan)D.E.I.R. be extended at least three weeks, or until October 27th,2000. 1 cite the following points in support of this request. The comment period began during the summer vacation season.This deprived all those in the local community affected by the project, and still on vacation, from availing themselves of this significant portion of a rather limited time frame opportunity. I, myself,was on vacation during the latter part of August. • The project is very large and will have profound and long term, irreversible, impacts on the local community.It's effects, for example,will most likely be four times those envisioned for the controver- sial Wendt Project. Consequently,great care needs to be taken to assure that the environmental impacts are completely and thoroughly understood, and so,properly mitigated.The extra time will help achieve this. • To this point, only one public hearing has been scheduled for comments on the proposal.And, that was scheduled in such a way- 1:30 pm,in Martinez, on a work day- as to be virtually irrelevant for purposes of verbal input from local (to the project) impacted residents.The three week extension would help rectify this by allowing at least one (hopefully two) hearing(s), October 12th, at a time and place hugely more convenient for the locals to add needed comments to the D.E.I.R. • Federal Agencies have moved in a significant way toward enacting Critical Habitat Status for dozens of threatened and endangered species in the region which includes the Alamo Creek site.The D.E.I.R. has made no allowance for evaluation of impacts and mitigation in the context of these new standards. Especially so, as pertains to infrastructures and the financing of infrastructures serving the project,where there may be a component of Federal tax money involved.This obviously needs more time to be fully explored and understood within this new environmental context. • Since I am the lead contact person for the Sierra Club for the region in question, I can attest to delays in receiving the D.E.I.R. Not just from the time frame starting during vacation time but also in actually receiving the document, after personally requesting it, nearly three weeks into the process. Evelyn Stivers, of Greenbelt Alliance also has stated there were delays in receipt of D.E.I.R. for their purposes as well. This project will have major impacts on the local community and the environment for decades to come.A relatively very small increase in the time allotted to expand and strengthen the environmen- tal review process seems a very small price to pay in order to make sure we get it right. Sincerely, el C__4 Jim Blickenstaff Sierra Club,Mt. Diablo Gr pi) 2410 Talavera Dr. San Ramon, CA 94553 (925) 830-1929 (925) 830-8546 - Fax 15 cc. Interested Parties ;"n The Board of Supervis, ..s Contra[:t Phil Batchelor Clark of the Board and County Administration l3ulidingCounty Administrator osta 651 fine Street, Hoorn 106 {925}335-1900 Martinez,California 9455341293 ou ny L John Giola,1st District '.7 Gayle Ullkema,2nd District Donna Garber,3rd District Mark De$aulnier,4th District � Joe Canclamilla,5th District October 5, 2000 Sierra Club-Ban Francisco Bay Chapter Mount Diablo Regional Group 2410 Talavera Drive San Ramon, CA 94583 Attn: Mr. Jim Blickenstaff Dear Mr. Blickenstaff : Pursuant to Section 14--4 .006 of the County Ordinance Code, notice is given that October 17, 2000, at 1 : 00 p.m. at 651 Pine Street, Room 107, Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision -of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related Actions. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator w By Ann Cervelli, Deputy Clerk CC: County Counsel County Administrator Community Development Department CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street. N. Wing - 4th Floor Martinez, CA 94555 Telephone: 335-1276 Fax: 335-1299 TO: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Attention: Mn Cervelli, Chief Clerk of the Board FROM: D MVar�ry,)AICP, Communit Develo meat Director y p DATE: October 4, 2000 SUBJECT: ADMINISTRATIVE APPEALS OF THE SIERRA CLUB MT. DIABLO GROUP AND TIME BLACKHAWK HOMEOWNER'S ASSOCIATION RE DRAFT ENVIRONMENTAL IMPACT REPORT CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT We have received your October 4, 2000 subject memoranda and advise that these appeals have been timely filed. The matter should be scheduled for October 17, 2000 at 1:00 p.m. I would suggest the following agenda language: "Appeals of the Mt. Diablo Regional Group, Sierra Club--San Francisco Bay Chapter and the Blackhawk Homeowner's Association from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report for the Camino Tassajara Combined General Plan Amendment Study and related actions." if you have any questions on this matter, please call. DMB:gms dmbVAppeat Gam Tass.CoB FAA TRANSMIT'tAL Dennis M. Barry, Community Development Director CCC Community Development Department 661 Pine 9treet, N. Wing - 4th Floor Martinez, CA 94653 (610) 336-1276 (610) 335-1299 (fax) FAX TO: Members, Board of Supervisors Supervisor John Gioia, District 1 Supervisor Gayle B. Uilkema, District 11 Supervisor Donna Gerber, District III Supervisor Mark DeSaulnier, District IV Supervisor Joe Canciamilla, District V FROM: Dennis M. Barry, AICD', Community Development Director� DATE: October 4, 2000 PACES: I of I COMMENTS: Please be advised that the Clerk of the Board of Supervisors has received two appeals of the administrative decision to close the comment period on the Alamo Creek Draft EIR on October 6, 2000. The appellants are the Mt. Diablo Regional Group of the Sierra Club and the Blackhawk Homeowner's Association. The Clerk has indicated that the soonest these appeals can be agendized is October 17, 2000. If you have any questions regarding this matter, please call. --Dennis c: Phil Batchelor, County Administrator Ann Cervelli, Chief Clerk of the Board If you have any problems with this FAX transmission, please contact Gloria @335-1277 FaAAiamoCrLApi BOARD OF SUPtRVISORS, CONTRA COSTA COUNTit CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Appeal by Blackhawk Homeowners Assn. from the decision of the Conmiunity Development Director relative. to the comment period for the DEIR for the Camino Tassajara Combined General Plan Amendment I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States , over age 18; and that today I deposited, in the United States Postal Service in Martinez , California . postage fully prepaid, a certified copy of Notice of Hearing Sent Certified Mail via General Services to the following: Blackhawk Homeowners Association 4125 Blackhawk Plaza Circle, Suite 234 Danville, CA 94506 U.SPustiil Service CERTIFIED MAIL RECEIPT © podege $ M r-1 certttted Fee Ir Postmark M (Engetum fleomarrierrt Required) Nere ft.l Restrleted DetNerY Fee C (Endorsemerrt t2equlrsd) rint Clearly) S D livery 1 Tortel Pods"a $ru l/ tLn ...11 ant p ame jf+lii Arint Clsmr►YJ(To bss etetf DYme! ,9 �1 tC3 SLS tV/ !^jar/, rye` r 13 App a p , d Addressee s dlffe+ent from Item 17D Yes C3 - below. C7 No C3 C �i f� art M=1 OCT 1 u 2000 f �t'e lie., q� A,')OF SUPEIqVISO RS El Registered Return Receipt for Merchandise ❑Insured Mail d C.O.D. . Article Number(Copy from service la4eJ) 4. Restricted Delivery?(bra Fee) _ %7 Vas Ps Form 3$11,July 1999 5 Domestic Return Receipt 102595-6>3-M-1799 I declare utywa, it the foregoing is true and correct. j Dated OnLoher 5_ 2000 at Martinez, California. ,�J P u y er Thi' Board of Supervi&-rsj Contra Phil Batchelor Clerk of the Board County Administration Building Cost. County and 651 Pine Street, Hoorn 106 (825)335-1800 Martinez, California 94553-1293 ouniv John Gioia,1st District ,,JJ Gayle Ulikema,2nd District Donna Gerber,3rd Districts Mark DeSsuinier,4th District , Joe Canciamilia,5th District . °�� October 5, 2000 Blackhawk Homeowners Association 4125 Blackhawk Plaza Circle, Suite 230 Danville, CA 94506 Attn. Mr. Mark A. Goldberg, Community Manager Dear Mr. Goldberg: Pursuant to Section 14-4 . 006 of the County Ordinance Code, notice is given that October 17, 2000, at 1 : 00 p.m. at 551 Pine Street, Room 107, Martinez, California has been set as the time and place for hearing by the Beard of Supervisors of your appeal from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and related actions. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Adullnistr r By Ann Cerve i, eputy Clerk CC: County Counsel County Administrator Community Development Department CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street. N. 'Wing - 4th Floor Martinez. CA 94553 Telephone: 335-1 76 Fax: 335-1299 TO: Phil Batchelor, Clerk of the Beard of Supervisors and County Administrator Attention: Ann Cervelli, Chief Clerk of the Board FROM: D� is M ar ICP, Community Development Director BATE: October 4, 2000 SUBJECT: ADMINISTRATIVE APPEALS OF THE SIERRA CLUB MT. DIABLO GROUP AND THE BLACKHAWK HOMEOWNER'S ASSOCIATION RE DRAFT ENVIRONMENTAL IMPACT REPORT CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT We have received your October 4, 2000 subject memoranda and advise that these appeals have been timely filed. The matter should be scheduled for October 17, 2000 at 1:00 p.m. I would suggest the following agenda language: "Appeals of the Mt. Diablo Regional Group, Sierra Club-San Francisco Bay Chapter and the Blackhawk Homeowner's Association from the decision of the Community Development Director on the requested comment period for the Draft Environmental Impact Report for the Camino Tassajara Combined General Plan Amendment Study and related actions." If you have any questions on this matter, please call. DMB:gms dmbVAppeal Cam Tass.CoB F TRANSMITIAL Dennis M. Burry, Communify Developmenf Direefor CCC Community Developmenf Department 851 Pine 9freet, N. Wing - 41h Floor Marfinez, CA 94553 (510) 335-1276 (510) 335-1299 (fax) FAX TO: Members, Board of Supervisors Supervisor John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Donna Gerber, District III Supervisor Mark DeSaulnier, District IV Supervisor Joe Canciamilla, District V FROM: Dennis M. Barry, AICP, Community Development Director DATE: October 4, 2000 PAGES: I of I COMMENTS: Please be advised that the Clerk of the Beard of Supervisors has received two appeals of the administrative decision to close the comment period on the Alamo Creek Draft EIR on October b, 2000. The appellants are the Mt. Diablo Regional Group of the Sierra Club and the Blackhawk Homeowner's Association. The Clerk has indicated that the soonest these appeals can be agendized is October 17, 2000. Ifyou have any questions regarding this matter, please call. --Dennis c: Phil Batchelor, County Administrator Ann Cervelli, Chief Clerk of the Board l fyou have any prabkln5 with this FAX transmission, please contact Gloria @335-12-77 FaA/UamoCrk.Api CONTRA COSTA COUNTY CLERK OF THE BOARD TO: DENNIS BARRY, DIRECTOR DATE: October 4, 2000 COMMUNITY DEVELOPMENT DEPARTMENT FROM: Ann Cervelli, Chief Clerk (W Clerk of the Board of Supervisors SUBJECT: Administrative Appeal Blackhawk Homeowners Assn. We are in receipt of the attached administrative appeal fled by the Blackhawk Homeowners Association from the decisions of yourself, Patrick Roche and the Zoning Administrator relative to the public comment period on the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and Related Actions as stated in the appeal letter. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 17, 2000, at either 11 a.m. or 1 p.m. If this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by October 5, 2000. If the appeal is to be heard, material relative to this appeal to be presented to the Board should reach this office by October 11, 2000, Ac Attachment Cc: County Counsel County Administrator '100 100 rte• C 00 x �` o ►0 oLo " • C AL ,, x a 00 - OILC IL 00 - cp 04 , Z- , s i y .00 0 � t 0 40 'o 10 i 0 . ,� ►0 k t , Cpl • r - 0 err t L 4125 Blackhawk Plaza Circle,Suite 230,Danville,California 94506 / Telephone:(925)736-6440,Fax(925)736-0428 E-mail Address:bhhoa4125@aol.com Linda Appleton,President Mark A.Goldber CPIUl99 PCAM& Communi Manager October 2, 2000 RECEIVED Board of Supervisors OCT 0 3 2000 County of Contra Costa c/o Clerk of the Board CLE K OARb C01 W0PEli1*11 i5 651 fine Street CONTRA COSTA CO. Martinez, CA 94553 Notice of Appeal from Administrative Action and Request for Stay of Hearings and Other Actions Pending Determination Ladies and Gentlemen; This appeal by the Blackhawk Homeowners Association("Association")on its behalf and on behalf of its approximate 5000 members, who are owners of the 1991 homes within the Blackhawk Community, is pursuant to Chapter 14-4 of the Contra Costa Code, which provides in part: ...any person aggrieved by an administrative action taken by any officer of the this county under this code may appeal from the action to the board of supervisors... The Association and its members have a special interest in the proposed subdivisions and General Plan Amendments that are the subject of the DEIR. They are aggrieved and will suffer special injury by reason of the administrative actions because of their close proximity to the subdivision sites and the inevitable impact of the subdivisions on area traffic,air quality,schools,utilities,public services, parks and visual resources,etc. The Association and many of its individual members requested in writing that the comment period be extended, most asking for a period of ninety (90)days. The administrative actions being appealed are the September 14, 2000, decision of Dennis Barry, Community Development Director,and Patrick Roche,Director of Advance Planning,Community Development Department, and the September 25, 2000, decision of the Zoning Administrator, to close the period of time for public comment on the Draft Environmental Impact Report, Camino Tassajara Combined General flan Amendment Study and Related Actions("DEIR")on October 6, 2000, and to deny the Association's request, and the requests of various individuals and organizations, that the comment period be extended for a longer period of time than the mere one week that has been granted. Substantially more than fifty two(52)days should have been allowed for public comment because of the complexity of the projects. It is our understanding that forty five (45) days is the absolute minimum period allowed by the state. E:\GENERAL CORRE5PONDENCSTusajam Development\Written Appeal For Extensionmpd Board of Supervisors Contra Costa County October 2, 2000 Page 2 • This is a large project,involving nearly 1,200 homes. It includes the re-planning ofnearly two separate proposed subdivisions and the re-planning of a third(Wendt Ranch). • The DEIR is large and confusing to laymen. • The volumes of appendices are six inches thick. • Copies ofthe DEIR were not ready when the Notice of Completion and Availability said they would be. • Copies that were left at the libraries could not be found by the staff. • Planning Commission hearings which were held in the area were not widely publicized and subsequently not highly attended. In the "Guide to CEQA"pages 298 and 299 we note two important comments which I will quote here. They are: • "The purpose of requiring public review is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzes'and consideree'the ecological implication of its action. " • "The Authors ofthis book believe,however,that an agency's decision to grant a longer public review period than minimally required lies within the agency's discretion." Therefore we respectfully request that the Board of Supervisors grant an additional 90 days for public review of the DEIR and submission of comments, and that all hearings and other actions on the subject applications be suspended, and that no Final Environmental Impact Report be issued until after expiration of that 90 day period. Thank you for your consideration of this matter. I declare under penalty of perjury that the foregoing is true and correct. Dated: October 2. 2000. at Danville. California MarktSTdberg Community Manager For the Blackhawk Homeowners Association E:IGENERAL CORRESPONDENCEMssajara Developrnent\Written Appeal For Extension.wpd Community C&r ILI d A c W*Y Dear tactor Development Costa Department County County Adrninistratic►n Building 651 Pin*street 4th Flow,North Vying ,r Martinez.Califon"94553-0095 Phone: tQTME OF COMELETIONANRAVAILAL31LITY DRAFT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE#99-122013) FOR M TA MBI G RAE. L E TU RELATING TO THE INTERVENING PROPERTIESIREMAINING INTERVENING PROPERTIES GENERAL PLAN AMENDMENT(GP 098-0004),REZONING(RZ 9993075),SUBDIVISION ft $331, AND IMPLEMENTING PROJECT ENTITLEMENTS AND ALAMO CREEK GENERAL PLAN AMENDMENT(GP#"43002/MM-0003).REZONING(RZ 9993079/RZ# 993080),SUBDIVISIONS# 8381 A 0 8382, AND IMPLEMENTING PROJECT ENTITLEMENTS Notice is hereby given that pursuant to the California Environmental Quality Act (CEOA). a draft Ermronrtwntsl ttnpact Report (EIR) has been prepared for the Camino Tassajera Combined General Plan Amendment Study. This project involves two proposed residential development projects located along Camino Tessalara in an unincorporated area of Contra Costs County south and east of Lawrence Road adjacent to the Town of Manville. The two residential deve$opments ate the Intervening PropertiestRemaining Intervening Properfle* Project (also referred to as the WRIP Project)and the Alamo Creek Project. The Draft EIEC assesses the potential environmental effects of the combined IFIRIP Project and Alamo Creek Project, referred to as the Integrated Project in the document. The integrated Project would involve residential development total of 1,387 residential units (1,193 new residential ,snits) and construction of numerous amenities (such as schools, school piayheids, soccer fields, trails, etc.) on approximately 766 acres of lend. The project applicants ere seeking several actions, Including General Plan amendments, rezoning, development entitlements, and approval by LAFCO for annexation to regional service and utility districts. t#A0RE conn F0U0WiNG PAGE t Office,Tours Monday-Frday:8:00 a.m.-5:00 P.M. Office is closed the 1 st.3rd& 5th Fridays of each month Commun4 Contra C*+nmunity DtrvekWt+ant Cf;rectcr Development Costa Department County County Administration Building 651 Pine Street 4th Floor,North Wim Martinez,Calllomia 94653-0096 Ptxx*: September 14, 2000 T7 INTEBE= P„ARME AND QQNCERNEQ_RE.'Sl ENT Subject: Request for EXension of RevrowlComment Peed Draft Enwronme&al Impact Report(SCH#99.122013) Camino 7ess44raF Combined General Pian AmerratY wnt Study The Department is in receipt of a number of written requests seeking an extension for the comment period on tate Draft Environment Impact Report (DEIR) prepared for the Camino Tassajara Combined General Plan Amendment Study. Based on our review of these written requests, the Department has agreed to extend the close of the 45-day comment period on the Camino Tassajara Combined General Pian Amendment Study DEIR from Thursday, September 28, 2000 to the close of business on F.f y, W—aber 6. =aL5s2Q c=m.Written comrnents on the DEIR should be directed to: Patrick Roche Contra Costa County Community Development Department 651 Pirie Street, 2nd Floor North Wing Martinez,CA 94553 FAX #: (935)335-1222 E-mail at gror__ hQbicd&!2 c=trs-co a ca . Please note for your information that a public hearing on the adequacy of this DEIR Is scheduled for the Contra Costa County Zoning Administrator meeting at 1:30 p.m. on Monday, September 25, 2000. The Zoning Adrninistrator hearing provides the public with an opportunity to testify or commerit on the adequacy of the DEIR in addition to submitting written comments on the environmental twAew document. A copy of the notice for the Zoning Administrator meeting on September 25, 2000 is enclosed. Sincerely yours, at Pataick Roche, Principal Planner Advance Planning Division Community Development Department Enclosure(1) Office Mours Monda4y•Frday:6:00 a.m.-5:00 p.m. ••�- :. ..i-°- A•kw +w• '111 Jt Rth FriftvS of each month TOTAL. P.07 M CONTRA COSTA COUNTY CLERIC OF THE BOARD TO: DENNIS BARRY, DIRECTOR DATE: October 4, 2000 COMMUNITY DEVELOPMENT DEPARTMENT FROM: Ann Cervelli, Chief Clerk Clerk of the Board of Supervisors SUBJECT: Administrative A peal Blackhawk Homeowners Assn. We are in receipt of the attached administrative appeal filed by the Blackhawk Homeowners Association from the decisions of yourself, Patrick Roche and the Zoning Administrator relative to the public comment period on the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and Related Actions as stated in the appeal letter. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 17, 2000, at either 11 a.m. or 1 p.m. If this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by October 5, 2000. If the appeal is to be heard, material relative to this appeal to be presented to the Board should reach this office by October 11, 2000, Ac Attachment Cc: County Counsel County Administrator 4125 Blackhawk Plaza Circle,Suits 230,Danville,California 94506 Telephone:(925)736-e440;Fax(925)736-0428 E-mail Address:bhhoa4125@aol.com Linda Appleton,President Mark A.Goldberg,CPM8,PCAMe,Community Manage October 2, 2000 RECEIVED Board of Supervisors OCT 0 3 2000 County of Contra Costa B A D OF SUPERVI c/o Clerk of the Board S 651 Pine Street Martinez, CA 94553 Notice of Appeal from Administrative Action and Request for Stay of Hearings and Other Actions Pending Determination Ladies and Gentlemen: This appeal by the Blackhawk Homeowners Association("Association")on its behalf and on behalf of its approximate 5000 members, who are owners of the 1991 homes within the Blackhawk Community, is pursuant to Chapter 14-4 of the Contra Costa Code, which provides in part: ...any person aggrieved by an administrative action taken by any officer of the this county under this code may appeal from the action to the board of supervisors... The Association and its members have a special interest in the proposed subdivisions and General Plan Amendments that are the subject of the DEIR. They are aggrieved and will suffer special injury by reason of the administrative actions because of their close proximity to the subdivision sites and the inevitable impact ofthe subdivisions on area traffic,air quality,schools,utilities,public services, parks and visual resources, etc. The Association and many of its individual members requested inwriting that the,co m.m ent period be extended, most asking for a period of ninety(90)days. The administrative actions being appealed are the September 14, 2000, decision of Dennis Barry, Community Development Director,and Patrick Roche,Director of Advance Planning,Community Development Department, and the September 25, 2000, decision of the Zoning Administrator, to close the period of time for public comment on the Draft Environmental Impact Report, Camino Tassajara Combined General Plan Amendment Study and Related Actions("DEIR")on October 6, 2000, and to deny the Association's request, and the requests of various individuals and organizations,that the comment period be extended for a longer period of time than the mere one week that has been granted. Substantially more than fifty two(52)days should have been allowed for public comment because of the complexity of the projects. It is our understanding that forty five (45) days is the absolute minimum period allowed by the state. E:\GENERAL CORRESPONDENCE\Tassajara Development\Written Appeal For Extension.wpd Board of Supervisors Contra Costa County October 2, 2000 Page 2 This is a large project,involving nearly 1,200 homes. It includes the re-planning ofnearly two separate proposed subdivisions and the re-planning of a third(Wendt Ranch). • The DER is large and confusing to laymen. The volumes of appendices are six inches thick. Copies ofthe DEIR were not ready when the Notice of Completion and Availability said they would be. Copies that were left at the libraries could not be found by the staff. Planning Commission hearings which were held in the area were not widely publicized and subsequently not highly attended. In the "Guide to CEQA"pages 298 and 299 we note two important comments which I will quote here. They are: • "The purpose ofrequiring public review is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implication of its action. " • "The Authors ofthis book believe,however,that an agency's decision to grant a longer public review period than minimally required lies within the agency's discretion." Therefore we respectfully request that the Board of Supervisors grant an additional 90 days for public review of the DEIR and submission of comments, and that all hearings and other actions on the subject applications be suspended, and that no Final Environmental Impact Report be issued until after expiration of that 90 day period. Thank you for your consideration of this matter. I declare under penalty of perjury that the foregoing is true and correct. Dated: October 2.2000, at Danville. CWifbrn a Markerg Community Manager For the Blackhawk Homeowners Association E:\GENERAL CORRESPONDENCE\Tassajara DevelopmenWritten Appeal For Extensionmpd Community l.�Uf Ill d Development Costa Department Count County A67*fttralion Building 851 Pin*Stmt � � 4th Flom.North W k Martinez,Cam'94553-0085 Phone; ORA"ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE#99-122013) FOR CALT MBI G AL L. E TU RELATING TO THE INTERVENING PROPERTIESIREMAINING INTERVENING PROPERTIES GENERAL.PLAN AMENDMENT(GP#98-OM),REZONING(RZ iii),SUBDIVISION#I 8331,AND lliAPLEMENTING PROJECT ENTITLEMENTS AND AL.AIY O CREEK GENERAL PLAN AMENDMENT(GP -8007.!99-0t?+ ),REZONING(Rif" Tom# 9113880),SUBDIVISIONS#S38f 8#8382,AND IMPLEMENTING PROJECT ENTITLEMENTS Notice is hereby given that pursuant to the California Environmental l Quality Act(CEQA),a Draft Environmental Irrepact Report (EIR) has beam prepared for the Carrdno Tasesajara Combined General Plant Arnerxlmoent Study. This project Involves two proposed resklential development projects located along Camino Tassajam in an unincoMorated area of Contra Costa County south and east of Lawrence Road adjacent to the Town of Danville. The two residential de velq"ents are the Intervening ProperOwN40mirilng Intervening Propertlee Po (also referred to as the IP/RIP Project)and the Alamo Creek Prot. The Draft EIR assesses the potential environrrtentel effects of the cxarnbineed IP/RIP Project and Alamo Creek ProjW, referred to as the Integrated Project in the document. The Integrated Project would involve residervW devteloprrtent total of 1,387 residential units (1,193 new residential units) and construction of numerous amenities (such as schools. school playfields, soccer fields, tram, etc.) on'approximately 766 acres of tend. The pr<4ect applicants are seeking several actions, rncluding General Plan arnandments, rezoning, development entitlements, and ,approval by L..AFCO for annexation to reg gnat servio a anti utility districts. J MORI ON FOLLO NG PAGE I Office Hours Monday Frday:8:00 a.m.-5:00 p-m. Office is closed the t st.3rd& 5th Fridays of each rrsonth Community Uontra t:urt►munity flavebptnortt Director Development Costa Department County Cos*Administration Building 551 Pine Sh'W 4th Floor,North Wing r Martinez,f afillo iat 94553-0095 Phone: September 14,2000 TO 1NTERIwS EC PARTIES AND CONCERNED REST ENTS Subject: Request 1or Extension of RewowtComment Period Draft Errvlronmentat Impact Report(SC'H#99-122013) Camino Tass*rs Combined Geensral Plan Amendment Study The Department is in receipt of a number of written requests seeking an extension for the comment period on the Draft Environment impact Report (DEIR) prepared for the Carrtino Tass*ara Combined General Plan Amendment Study. Based on our review of these written requests, the Department has agreed to extend the close of the 45-day comment period on the Camino Tassajara Combined General Pian Amendment Study DEIR from Thursday, September 28,2000 to the close of business on Friday, October 6. 2M at 5;QQ D.M.Written comments on the DEIR should be directed to: Petrick Roche Contra Costa County Community Development Department 851 Pine Street,2nd Floor North Wing Martinez, CA 94553 FAX*: (935)335-1222 E-mail at grpch@bjW co oetra-costa ca us. Please mote for your infomudion that a public hearing on the adequacy of this DEIR is scheduled for the Contra Costa County Zoning Administrator meeting at 1:30 p.m. on Monday, September 25, 2000.The Zoning Administrator hearing provides the public with an opportunity to tear or cctmmertt on the adequacy of the DOR in addition to submitting written comments on the environmental review document. A copy of the not" for the Zoning Administrator meeting on September 25, 2000 is enclosed. &near*yours, `?NUIC14 t ... Patrick Roche, Principal Planner Advance Planning Division Community Development Department Enclosure(1) Office Hours Monday-Frday:8:00 a.m.-500 p.m. 41— $-* 12rr1R Ffh F"rittslvg of eraCh month TOTAL P.O?