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BOARD OF SUPERVISORS - `'
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FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR "' ` ..�r' County
DATE: DECEMBER 11, 2001
SUBJECT: RESPONSE TO PLANNING ISSUES RAISED BY CHARLES PRINGLE RELATED
TO THE PROCESSING OF MINOR SUBDIVISION #MS000013. (DISTRICT III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT the report from the Community Development Director regarding the processing of
Minor Subdivision #MS000013.
FISCAL IMPACT
None. The cost of processing the application, including the consideration of the appeals, is the
responsibility of the project applicant.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON.. December 11, 2001 APPROVED AS RECOMMENDED OTHER
On this date, the Board of Supervisors directed this matter to
be considered on December 18, 2001, in conjunction with
Mr:'Pringle's appeal hearing.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT None ) 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: Catherine Kutsuris(335-1210) ATTESTED December 11, 2001
cc; Charles Pringle JOHN SWEETEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY VV; DEPUTY
s V:'
becember 11, 2001
Board of Supervisors
File#MS000013
Page 2
BACKGROUND
Mr. Pringle submitted an application for a minor subdivision in the Brentwood area on July 12,
2000. In his letter of July 11, 2001 and in his statements before the Board, Mr. Pringle asserted
that the Community Development Department has not processed his subdivision appropriately,
citing noticing and delay concerns. Mr. Pringle's July 11th letter is attached.
This subdivision application proposes to divide a four acre site into four one-acre lots in a zoning
district where the minimum parcel size is five acres. Mr. Pringle was advised upon submitting the
application of the difficulties in processing an application of this type. The application was
reviewed upon submittal, and a letter detailing the items missing from the application was sent on
July 19, 2000. Mr. Pringle has not, to date, filed a complete subdivision application.
On January 22, 2001, after staff attempts to encourage Mr. Pringle to complete his application, the
project was set for public hearing before the Zoning Administrator with a recommendation of
denial. The Zoning Administrator denied the project on February 26, 2001, a decision which was
appealed to the East County Regional Planning Commission. The East County Commission held
a number of public hearings on the application beginning on July 9, 2001 . The Commission
ultimately denied the appeal and upheld the Zoning Administrator's decision on November 5, 2001.
Mr. Pringle's appeal of the Planning Commission's decision has been scheduled for the Board's
December 18, 2001 agenda. The merits of the appeal will be discussed in the staff report
prepared for that hearing.
Mr. Pringle asserts that the Department erred in noticing him of the July 9, 2001 hearing before the
East County Regional Planning Commission. The notice was sent to the address provided by Mr.
Pringle. It appears that Mr. Pringle moved and did not inform the Department. Since he was not
present at the Planning Commission hearing, the matter was continued.
Mr. Pringle also asserts that the Department has "stonewalled" his project. Upon submittal of the
application, Mr. Pringle was advised regarding the difficulties in making the findings to support one
acre lots in a zoning district which requires a minimum parcel size of five acres. When the
application was submitted, it was reviewed and found to be substantially incomplete. A letter
detailing the information required to complete the application was sent within one week of Mr.
Pringle's filing. To date, Mr. Pringle has yet to submit any of the information requested in that
incomplete letter.
The project was first scheduled for public hearing approximately six months after its filing. Had the
application been complete upon filing, or had the applicant completed the file shortly after receiving
the notice of incomplete status, the project would have been scheduled for hearing sooner. A
minor subdivision application which is complete or for which the applicant responds to staff
requests for information in a timely manner generally takes 4-5 months between filing and the date
of the public hearing. In cases where an application is incomplete, staff planners schedule it for
hearing with a recommendation for denial only after all other efforts to encourage the applicant to
complete the work have failed.
I
December 11, 2001
Board of Supervisors
File#MS000013
Page 3
During the application process and during the public hearings, Mr. Pringle maintained his belief
that the County was responsible for rezoning his property to a zoning district that would allow for
one acre lots. Mr. Pringle bases this assertion on his belief that the property's zoning is
inconsistent with the General Plan. As such, he has rejected staff suggestions that he file to
rezone the property. There is not a General Plan and zoning inconsistency on this site; thus, the
Department does not agree that the "County" is responsible for paying the cost to rezone the
property.
The Department cannot concur with Mr. Pringle's assessment that the Department has erred in the
processing of this subdivision application. The Department expects applicants to file a complete
application or to file in a timely manner information found to be necessary to complete an
application.
l J
,..,: RECEIVED
• JUL 1 1 2001
CLERK BOARD OF SUPERVISORS
CONNT7RA COSTA CO.
�f e, r
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Of
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