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HomeMy WebLinkAboutMINUTES - 10162001 - D.5 (3) TO: BOARD OF SUPERVISORS ,f.. Contra FROM: DENNIS M. BARRY, AICP T. Costa COMMUNITY DEVELOPMENT DIRECTOR County cot; DATE: OCTOBER 16, 2001 SUBJECT: CONTINUED HEARING ON THE APPEAL OF THE EAST COUNTY REGIONAL. PLANNING COMMISSION'S APPROVAL OF A LAND USE PERMIT FOR THE BRENTWOOD ROD AND GUN CLUB ON A 39.34-ACRE PARCEL (COUNTY FILE #LP992027) BY THE SILVER HILLS ESTATES HOMEOWNERS ASSOCIATION, CAMINO DIABLO HOMEOWNERS ASSOCIATION AND BRENTWOOD ROD AND GUN CLUB. THE SITE IS ADDRESSED 280 CAMINO DIABLO, IN THE BYRON AREA. (District III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. For the purpose of compliance with the review requirements of the California Environmental Quality Act, find that the proposed Negative Declaration for the proposed project is NOT APPROPRIATE due in part to conflicting evidence on the record concerning the project's potential for significant environmental effect. B. Direct staff to initiate procedures for preparation and adoption of an Environmental Impact Report (EIR) on the proposed project. C. Continue the hearing on the appeal to an indefinite date following completion and adoption of a Final Environmental Impact Report on the project by a Board of Supervisors. CONTINUED ON ATTACHMENT: X YES SIGNATUR - i ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L,-APPROVE OTHER SIGNATURE(S): ACTION OF BOA N . October 16, 2001 APPROVED AS RECOMMENDED xx OTHER_ SEE . ATTA D ADDENDUM. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX 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: Darwin Myers[(925)370-93301 ATTESTED October 16, 2001 cc: Silvano Marchesi, County Counsel JOHN SWEETEN, CLERK OF THE BOARD OF Maurice Shiu, Public Works Department SUPERVISORS AMID COUNTY ADMINISTRATOR Alan Wilhelmy,Atttorney David W.Trotter,Attorney BY , DEPUTY DM/mp October 16, 2001 Board of Supervisors File#LP992027 Page 2 D. Direct staff to notify all parties who either registered their attendance at the August 7tn 2001 Board of Supervisors hearing on this project, or who otherwise requested notice of hearings on the environmental review for this project, of the following: 1. Notice of Preparation of the EIR when it is issued. 2. Notice of Completion of the Draft EIR when it is issued. 3. Notice of the continued Board Hearing on this appeal when it is scheduled. E. Direct Community Development Department staff to notify the parties who have registered their interest in this application of the Board's decision, and the procedure that the County intends to follow. BACKGROUND This Board of Supervisors conducted a hearing on this appeal at its August 7m meeting. The Planning Commission had adopted a Negative Declaration determination for purposes of compliance with the California Environmental Quality Act, and had conditionally approved the project. At that time, the Board received conflicting evidence from several experts about the potential for significant impact from this project. The Board continued the hearing from August 7, 2001 to September 18, 2001 to allow staff time to respond to the issues raised. The hearing was then rescheduled to October 16, 2001 to accommodate the schedule of the project proponent's attorney. During the intervening two months staff has considered an approach to responding to the environmental issues that are primarily safety, noise, and water quality (lead contamination). A second tier of issues includes the effect of noise on wildlife and domestic animals, land use compatibility, and cumulative impacts. In support of their concerns, the appellant's testimony included a forensic expert (who testified on safety) and an acoustical engineer (who asserted noise impacts). The appellants have requested preparation of an Environmental Impact Report (EIR), and legally the threshold for triggering an EIR is relatively low. The issues raised by the appellants are sufficient to make preparation of at least a focused EIR a necessity. At this time the scope of the environmental document and approach are being resolved. Necessary Steps to Provide for an EIR Should the Board require the preparation and adoption of an EIR prior to considering an approval of the project (and reject the Negative Declaration determination), then the County would need to take the following steps. October 16, 2001 Board of Supervisors File#LP992027 Page 3 • Completion of a revised initial study that identifies those environmental impacts of the project that may be significant; • Issue a Notice of Preparation pursuant to State and County CEQA Guidelines; • Select a private consultant, with ratification from the Board, to assist staff in the preparation of the EIR; • Collect necessary fees from the applicant to cover the County cost of preparation of the EIR (consultant contract, plus a 30% administrative surcharge); • Complete a Draft EIR, and post/issue a Notice of Completion allowing for public comment on the Draft EIR; • Prepare a Responses-to-Comments document (Final EIR) that responds to public comments on the DEIR; • Have the Zoning Administrator consider and make a recommendation to the Board of Supervisors on the adequacy of the Final EIR; • Schedule the proposed adoption of Final EIR before the Board of Supervisors; and • Schedule and re-notice a continued hearing on the appeal of the Planning Commission approval of the project before the Board of Supervisors. Because the time required to contract with a consultant, perform appropriate research and comply with the CEQA noticing and public comment period requirements, the appeal hearing cannot be set at this time. When it is brought back for public hearing on the appeal, staff recommends that the project be renoticed, including mailing of notices to those persons who submitted speaker cards at the August 7th hearing for which we have addresses. Alternative Action The completion of the above process is reliant on the applicant contributing the necessary fees for the cost of preparation of the EIR. In the event that the applicant determines now or subsequently that they are not willing to pay the additional expense for completion of the EIR, then the only alternative for the Board to consider may be to grant the appeal of the neighbors, and deny the project. SACurrent Plan n i ng\Board\Board Orders\Brentwood R&G Club.bo DM\RD September 26, 2001 Subject: Appeal of Approval of Land Use Permit LP992027 (Brentwood Rod & Gun Club) 280 Camino Diablo Byron Area, Contra Costa County To: Whom it may Concern: The Board of Supervisors held a hearing on the appeal of the East Contra Costa Regional Planning Commission approval of the captioned project. (Board hearing on August 7, 2001). Based on the issues raised by the appellants, the Community Development Department has determined that additional environmental review is required to comply the requirements of the California Environmental Quality Act. Therefore, processing of the appeal will not be resumed until the necessary environmental research has been performed. At that time the public hearing on this appeal will be re-noticed. Staff intends to mail notices to all persons who provided mailing addresses on the speaker cards, as well as notifying property owners/tenants within 300 feet of the site. If you have any questions on the progress of the environmental review or wish to discuss the project please call me (925-335-1210; or 925-370-9330). Sincerely, Darwin Myers r cc: County File#LP992027 DM/kp ADDENDUM TO ITEM D.5 October 16, 2001 On this day, the Board of Supervisors considered the continued hearing on the appeal of the East County Regional Planning Commission's approval of a land use permit for the Brentwood Rod and Gun Club on a 39.34-acre parcel (County File#LP992027)by the Silver Hills Estates Homeowners Association, Camino Diablo Homeowners Association and Brentwood Rod and Gun Club. Catherine Kutsuris, Community Development Department presented the staff report and recommendations. Also present was Dennis Barry, Director of Community Development. The Board discussed the matter. The public hearing was opened and the following people presented testimony: David Trotter, Bowles &Verna, Appellants, Silver Hills Homeowners and Camino Diablo Homeowners Association, 2121 N. California Blvd., Ste 875, Walnut Creek; Herb Herman, P.O. Box 1331, Discovery Bay; Ernest H. Moor, II, 540 Camino Diablo,Brentwood; The following people did not present testimony but left comments to be read into the record: Barney Collinson, 2318 Tice Valley Blvd., Walnut Creek; Joseph J. Congi, 1813 Crestwood Court, Concord; Darlys Fankhouser, 3242 Estates Avenue, Pinole; Bruce Johnson, 2801 Carmona Way, Antioch; Laverne R. Livsey, 7314 Larkdale Avenue, Dublin. The Board continued their discussion. Supervisor Gerber motion to adopt the staff's recommendations and proceed accordingly. Supervisor Glover second. The Board voted unanimously to adopt staff's recommendations. REQUEST TO SPEAR FORM 0 (THREE (3) MINUTE LIMIT) Complete ,this form and place it in the box near the speakers' rostrum before addressing the Board. (�710Name: t� \� Phone: Zl Z( 7 S—)tt- Address: L its 2 V ��zNA City: WA-1-N\, T C I am speaking for myself or organization: l VEA-L,6e,� \LtS -t- Gt N D (name of organization) CHECK ONE: I wish to speak on Agenda Item ## Date: My comments will be: general /` for against I wish to speak on the subject of C OA / 1R gN C>L I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether . you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addre sing the /Board. C ( // 9 }� Name: �cI�i�T�v Phone: 0 ,-) � �(CJ �v Address: �v' " / City: I am speaking for myself or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: My comments ill,be: ge eral for against _ I wish to speak on the subject of `:7/971f5 I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request to speak" form (on the reverse side) in the box 'next• to the speaker's microphone-before your\agenda item Is to be considered. 2 . You will be- called on to make your`presentation Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or _Xsupport documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . . REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: � `' `^¢�`� � Phone: Address: Sym Ca. w...a� �ti w� b City: I am speaking for myself or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: My comments will be: general for against I wish to speak on the subject of v�,.e I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next. to the speaker's microphone before your agenda item is to be considered. 2. You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete. this form and place it in the box near the speakers' rostrum before addressing the Board. Name: ��2144,:= O <<� �� S CP �`� Phone: 1�.1 Address: 3 <� /�`Gr l/ dory �W�o City: ' c/s I am speaking for myself _ or organization: (name of organization) CHECK ONE: I wish to speak on .Agenda Item # Date: My comments will be: general for against I wish to speak on the subject of S� I do not wish to speak but leave these comments . for the Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2 . You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers rostrum before addressin the Board. Name: 0 I — Phone: 7- Address: f B�QJ Cres /ood City: I on oca d j CA q�✓Z I I am speaking for myself or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: My comments will be: general for against I wish to speak on the subject of I do not wish to speak but lea e t ese comm nts ;o the Board to consider: ✓t icy L Does o c5�00� ! ���Oi'1� 11(��v� �8 o PI b yb glno0�r ariy �►b�'b �6�/ �t� SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2 . You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair, may limit length of presentations so all persons may be heard) . REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) 3 Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: DG,r Phone Address: 3 4 a Es-r4 Tlfs City: u GV 0 Lt= I am speaking for myself or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: My comments will be: general for against I wish to speak on the subject of I do not wish to spec but leave these comments fo he I Board to consider: SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2 . You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . XZWUZbW Wu orzaa r ulu% (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before address`i the Board. 64�-- Name: U �J b Phone: A, IT C/ r0 Address: � 6ArAACity:-Adbozk- l U5-0 I am speaking for myself V4 organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # J>4 Date: _ DI My comments .will be: general for against I wish to speak on the subject of �I do not wish to speak but eave, these co ents for the , Board to consider: G r I ?'e wpdd 6v4 d s Dal a A le -hAY LI' 'MINe o ✓ o e � %e5 �� odl� l�O y e�, a rat? l ✓(t e� I � � 4 P � + d1e to xw . SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2 . You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . 1CZWUZ5•r Tu brZAA rurm " (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: �-/� 4f r��i A'• L 1 X1.5 f= y Phone: q�J �j 3 Address: /�y City: I am speaking for myself _X or organization: (name of organization) CHECK ONE: I wish to speak on Agenda Item # Date: _ My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: Ole 95vi��f'-n�ti TGA sH-O rl�AV v T f-v/1 /t5 SPEAKERS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speaker's microphone before your agenda item is to be considered. 2 . You will be called on to make your presentation. Please speak into the microphone at the podium. 3. Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. 4 . Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) .