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HomeMy WebLinkAboutMINUTES - 12112001 - SD.11 �.. TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP ..�. °� CostCount COMMUNITY DEVELOPMENT DIRECTOR County DATE: pry, y DATE: December 11, 2001 �I SUBJECT: CLAIR CALHOON (APPELLANT) HEARING ON AN ' APPEAL OF AN ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO REJECT AN APPEAL FILED RELATIVE TO A TREE PERMIT AT 2300 TICE VALLEY BLVD IN THE WALNUT CREEK AREA (COUNyY FILE #TPO1OO2O). (DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS UPHOLD the Community Development Department's decision to reject the filing of an appeal which was received after the expiration of the appeal period. FISCAL IMPACT None. Should the Board decide that the appeal will be accepted, the applicant is responsible for all staff costs. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December3.11. 2001 APPROVED AS RECOMMENDED OTHER XX On this date,. the Board of Supervisors CONTINUED this .matter to JANUARY 15, 2002 at 11:00 a.m. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _UNANIMOUS(ABSENT Non d 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: Aruna Bhat(335-1219) ATTESTED December 11, 2001 cc: Clair Calhoon JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CK/mp BY l , DEPUTY December 11, 2001 Board of Supervisors File#TP010020 Page 2 REASONS FOR RECOMMENDATION/BACKGROUND: On June 14, 2001, the Department issued a Notice of Tentative Approval for a permit to remove seven trees from a property in the Walnut Creek area. This decision was appealed, and a public hearing was conducted by the County Planning Commission on August 28, 2001. At the hearing, the Commission rejected the appeal and upheld the Zoning Administrator's decision to approve the tree permit. The County Planning Commission's decision is final upon the expiration of the ten day appeal period (assuming no appeal is filed). The appeal period closed at 5:00 p.m. on Friday, September 7, 2001. On September 18, 2001, eleven days following the close of the appeal period, the Department received an appeal letter from Clair Calhoon. The appeal was not accepted because it was filed after the close of the appeal period. The October 3, 2001 letter from the Department explaining this decision is attached as Exhibit A. The appellant has explained that their appeal letter was mailed (via UPS) on September 5, 2001 and that it was not returned by UPS as undeliverable until several das after the close of the appeal period. The appellant suggests that the events of September 11' likely contributed to the delay in UPS returning the package as undeliverable. The appellant's letter has been attached as Exhibit B. County Code Section 26-2.2406 requires an appeal to be filed with the Community Development Department by the close of the appeal period. In this case, the appellant chose to send the appeal via UPS. From the records we have reviewed, it appears that Mr. Calhoon mislabeled the document. UPS was unable to deliver the document and, on September 6, 2001, sent the appellant a notification that the document could not be delivered. The document was eventually sent back to Mr. Calhoon on September 13, 2001. The County Code clearly specifies that an appeal must be filed with the Community Development Department. Mailing within the required appeal period does not constitute a timely filing. The Department cannot concur with the assertion that the events of September 11 th contributed since the comment period closed on September 7, 2001. Cor ImLnity • Contra • Dennis M.Barry,AICP Community Development Director Development Costa Department County County Administration Building f............ 651 Pine Street ?R.. 4th Floor, North Wing Martinez, California 94553-0095 ate.=�••.:. - ;:oma Phone: 646-1210 October 3, 2001 Clair Calhoon 2.328 Tice Valley Blvd. Walnut Creek, CA 945965 Dear Mr. Calhoon: The Community Development Department received your letter appealing approval of a Tree Permit for 2300 Tice Valley Blvd., on September 13, 2001, ten days following the close of the appeal period. After reviewing the information you submitted regarding the delay and the letter from Brian D. Seibel, we unfortunately cannot concur with your position that the appeal must be accepted. The decision to reject the appeal is based on the late filing. Upon reviewing the matter, we found that the appeal brochure correctly provides the location for the filing of appeals. This information was also . stated by the Department Director at the August 28, 2001 County Planning Commission hearing. The audio tape of the meeting revealed that those in attendance were told that the Community Development Department offices would be closed on the last date to file an appeal and any appeal should be filed with the Clerk of the Board, located outside the chambers in Room 106. T also considered your attorney's position that the events of September 11, 2001 should be used to allow the acceptance of the appeal. Since the appeal period closed on September 7`t', this event cannot be used to extend the appeal period. County Code Section 14-4.002/004 provides that this decision may be appealed to the Board of Supervisors. Should you wish to file an appeal, the letter of appeal and the $125 filing fee must be received by the office of the Clerk of the Board by 5:00 p.m. on Friday, November 2, 2001. The appeal Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the i st, 3rd & 51h Fridays of each month letter- must concisely state the facts of the case and the grounds for the appeal, including your special interest/injury. A brochure on the filing of an appeal has been included. Please revie`v the portion of the brochure relating to the filing of appeals of administrative decisions. In addition, we are returning your check #1623 in the amount of $125.00 addressed to Contra Costa County. Sincerely yours, c 4� Catherine Kutsuris Deputy Zoning Administrator cc: Reliez Valley Builders Brian Siebel CK/df Calhoon.ltr