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HomeMy WebLinkAboutMINUTES - 01282003 - SD5 S45 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this{girder on January 28, 2003 by the following vote: AYES, Supervisors Gioia,Uilkerna.,Gerber, Glover and DeSaulni r NOES: None ABSENT: None ABSTAIN: ?Ione On this date,the Building Inspection Department presented an oral report to the Beard of Supervisors regarding the status of the appeal by Save Mount Diablo of the grading permit for a golf corse at the Byron Hot Springs property. The Chair invited the public to presennt testimony on this matter. The following personas addressed the Board: David Fowler,74' Shady Glen,Martinez; Seth Adams; Save Mount Diablo, 1.195 Boulevard Way#10 Walnut Creek; Coreg Jeere,Contra Costa Building Trades Council,935 Alhambra Ave,Martinez The Board then took the following action: s ACCEPTED the oral report from the Building Inspection Director on true'status of the appeal by Save Mount Diablo of the grading permit for a golf course at the Byron Hot Springs property, ® SCHEDULED the appeal hearing to be held on February 25,2003 at 11:00 arra. in the Board sof Supervisors chambers,551 Fine Street,Martinez. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the dateshown. Attested:January 28,_2003 John Sweeten,Clerk of the.Board of Supervisors and County Administrator Deputy Clerk g d` c U- Ell .Clerk of the 43Board of SupervisorscLERK Board o Directors: County Admin Bldg, CLERK Malcolm Sproul 651 Pine St.,3Floor,North Wing � �� President Martinez,CA94553-1295 Arthur Boswell Alan Prager Vice Presidents January 2,2 X003 Amara Morrison,J.D. Secretary Ike: Appeal of Building Department issuance of a grading permit John Mercurio for a golf course at the Byron Hot Springs property Treasurer David Fowler(applicant&owner) Burt Bassler Byron' of Springs,5400 Hot Springs Road ?nary L.Bowerman,Ph.D. Donald de Frerrery,PkD. APP#'002-200-013,014,€315 Stephen 3oseph Douglas Knauer To whom it may concern: Robert Marx Stever(MehI an,J.D. Save Mount(Diablo appeals to the Board of Supervisors the � rm t issued b�the Building Nunn . David Sargent Department for grading for a golf course at the Byron Hct Springs property,APN#002-200-€313, David Trotter 014,€315,applicant David Fowler. Our appeal fee of$125 is enclosed. Please notify us of the Staff hearing date before the Board. Ronald Brawn The appeal deadline for this emit should be January 4,2003,based on the date of the Building Executive hector Seth Adams Department's intent to render an administrative decision deadline of(December 5,2€02. However, Director of Land the Building Department issued the permit in advance of the deadline for comnient or request of Programs public hearing,on December 3,2002. 'Thus the deadline for appeal should be today January 2, Suzanne Bitz 2003. Office Manager SMD Mailing Address Among other issues,.the Building and Inspection Department failed to comply with its own, 1196 Boulevard Way#10 noticed deadline for its intent to render an administrative decision. Walnut Green;CA 94595 Tel1 n November 19,2002(unfortunately our letter is mislabeled November 19,20 3)Save Mount (925)1947- Diable submitted a letter regarding a grading permit application for o1 course on the (325}347-3535 � � 1� ply g l'3yro33 Fax: Hot Springs property,asking that any permit be subject to CBQA review and a public hearing,and (925)947-3603 cc ing a variety of regulatory agencies including the Department of Fish&Game and the U.S. website: Fish&Wildlife Department. www.savemountdiable.org On(December 2 we received a Notice Of Intent to Render Administrative Decision,(dated November 25,200.2,stating that"if you wish to comment or request a public hearing in this matter,you roust submit a written statement by December 5,2002" On December 5,2002 at roughly 4:00 pin, Save Mount Diablo Taxed a letter and second request for CE A review and public hearing on this matter(also unfortunately mislabeled with the same date of November 19,2003)to the Building and Inspection Department. I then called the Department and confirmed that the FAX had been received before the close of the day. That same day the Department of Fish&Game also requested CEQA review and requested a public hearing (letter enclosed)and it is my understanding that the U.S.Fish&Wildlife Service wale a similar request. T`he evening of December 5,2002 Gary Facia,Sr. Grading Inspector of the Dept. lett a message at Save Mount Diablo's offices stating that the Notice of Intent had been sent out late and that in fact the grading permit had already been issued on December 3,2002—in advance of'the comment deadline of December 5,2€1029 He stated: unfortunately your letter carne in a little late. There was an error in regard to the notification slates, the letter of intent gent out on Nov.20 and should have stated Dec.2 as the deadline instead of Dec_ 5,there's a lot more going on out there associated with the golf course. Fowler is aware that just because he has a grading permit,doesn't keep hire from having to comply with other regulatory agencies. We issued the grading permit on the 3'd. In fact,the had verified Haat our letter was received before the end of e Day on December 5,2002. Regardless, the Department had already issued the grading permit two day earlier, in;advance of the deadline. For these reasons,and for diose stated on our two attached letters,requesting CEQA review and a public hearing before a grading permit is issued,Save Mount Diablo appeals this decision. Thank you for your consideration. I can be reached at the addresses and phone numbers at front. Verified?notice of Appeal: I declare under penalty of perjury that the forgoing statement including any accompanying statements or documents in support of this request is true and correct. Signature of appellant: r Director of Land Programs Save Mount.Diablo Bate. , z t 2-DP . At'Walnut Creek,Contra Costa County,California $125 appeal fee enclosed,to Clerk of the Board,Contra Costa County Cc: Christiane Palisoc,Regional Nater Quality Control Board of Central Valley,3443'Routier Road,,Sante A, Sacramento,CA 95527 Janice Can,California Dept.offish&Game Cheryl Johnson,DS VS,2800 Cottage Way,W-25195 Sacramento,CA 95825 Brad Olsen,Environmental Program Manager,East Bay regional Park.District Craig Denistoff,Wildlands Incorporated,916 331-8810 5910 Auburn Blvd.,Suite,17,Citrus Heights,CA 95521 a} Y S—Y V- County Building Inspection Department Attn: Gary Faria Board of Dirrettirs: 651 Pine St.,P Floor North Wing N1,11colm Sproul Martinez,CA 94553 Presidew Arthur Banwell Hove ber l% 2`00 7' rAlInn r rai r Vice Presidents Al im k"lor6son.ID. Re: Byron Hot Springs :aecretray AP:' # 02-•200-013,014, 015 John Aero Frio Treasurer BttBasse Nl;iry I_, 13s7�kenn n. 1'ii.l�. Dear Mr. Parra, Dos;iltl tic Frerrte y.Ph.D. 5tepl1kn)Jciscph Please place Save Mount Diablo on the notice list for any consideration or public hearing Do ,,+r si Ibri.m r regarding the Byron Hot Springs property and before any grading or building permits are Robert Nl,ro considered. It's my understanding that the ower has applied for a variety of permits for Steven s5M1 liltr n,J.11 Robert Nunn development of the parcel. Dnv Itl&ir3ent Dtiv`sci Trotter As you may know this property: ..-is habitat for a variety of significant lasted species staff and within designated critical habitat for some of them, as well as in close Resf3ktlml BroNi's J'.xreutiae?Jzrc<t»r proximity to rare habitat types such as vernal pools Seth Achnw, --is within a wildlife corridor area between a variety of special status species preserves, Director of Land including Byron airport mitigation areas,Los Vaqueros,Vasco Cates,etc. Programs --includes significant historic and cultural artifacts Suzanne Bit' .._is in the vicinity of the Byron Airport,which is being considered for expansion Offire 111anager SUD t'4 ailing Address Any consideration of development on this parcel should be preceded by protocol level biotic I l ets nottlev mi Wq#10 surveys and other analysis. Wulma Cres.CA 1J4.595 Telephone: I can be reached at the address and numbers at left. Thank you. E9259 947-3535 Fax: Sincerely, (925)947-30(�l wwwebsite: " Seth Adams,Director of Land Programs Cc: Christine Palisoc,Regional Water Quality Control Board of Central Valley,3443 Routier Road.,Suite A,Sacramento,CA 95 92 i Janice Can,California Dept.ofFish&flame Cheryl Johnson,USl?WS,2800 Cottage Way,W-2605 Sacramento,CA 95825 Brad Chen,Environmental Program Manager,East Bay Regional Park District Building Inspection Cont Carlos Baltodano Department Director of BuiUng Mspection Costa County Administration Building 651 rime Street,3rd Floor, North Wing ours ty Marlinex= California +94663-1295 �+ FAX {926}646.1213 November 25, 2002 a° Seth .Adams, Director of Land Programve Mount Diablo 1196 Boulevard Way, #10 Walnut Creek, CA 94595 RE: NOTICE OF INTEL TO REhME 2. ADMINISTRATIVE DECISION Dear Property Owner: An application for a grading permit has been submitted to this Department and is currently under review of 72, 000 cubic yards of earthwork for an eighteen hole golf course . The County Building Inspection Department will render a decision on this application following a public comment period. if you wish to comment or request a public g=earing in this matter, you crust submit a writ-ten statement by December 5, 20132 to -he: Building :inspection Department 65- Pine Street, 3rd Floor, North Wing Martinez, CA 94553 The appl ic,.:at i.on is described as follows: David Fowler (Applicant & owner) . The subject property is located at 5400 Bot Springs Road in 'Che Byron area (APIA 002-200-014) . Following the public comment period, the Building inspection Department will (1) schedule a public hearing if one is requested, or (2) consider convents as suggested conditions of approval or as reasons for denying the aDpl icati cin. Sincerely, Gary aria Sr. Grading Inspector S:clerks-bi/grading/gr 16 merge s> County Building Inspection Department Attn: Gary'Faria, Sr. Grading Inspector Board of Directors: 651 Pine St.,Std Floor North Wing M,ilcolm Sproul Martinez, CA 94553 President Arthur Bonwe!l All,aat Pr,ioer VIA FAX 646-1219 Vice Presidents Am.ar.a Morrison.J.D. Novo ,003 �d � d ZOO ecretard Jig#,n Mercurio Trerasaarer Pe: David Fowler(applicant & owner) Blin B3Issler Byron Hot Springs NN,ry L. BoweimMa Ph.D3 Donald(le Fr s terv.Ph.D. 5400 Flot Springs Road Stephen joss ph APN# 002-240-013, €114, 015 Robert M.,r.x Steven Mehlanxn,J.D. Dear lir. Faria, Robes Nunn D—,avid S;iraent We received your notice of intent to renter an administrative decision two days ago on Diwid Trotter Dec.2,2002. '. Staff Rood l Brown Save Mount Diablo specifically requests environmental analysis and a public hearing on €xeeaztire Director this proposal for a 72,000 cubic yard, 111-hale golf course at this site. In a similar Seth Adorns Director of Land situation, the Board of Supervisors approved the Roddy Ranch golf course on 230 acres Progrtntns only after an agreement was reached to dedicate development rights on more than a Suzurine Batz thousand.acres. As in that case, this proposal would be locatedin an area with high FJ',ltice Manager resource values, would be highly visible,would include significant demands can water, SMD Medlitag Address supplies,whether groundwater or otherwise, etc. 1196 B:)uievurd way#10 Lvainai:Creek,CA 94595 As you may know this property: Telephones --is habitat for a variety of significant listed species `925;947-3535 and within designated critical habitat for some of them,as well as in close Fax: (925)1347.3603 proximity to rare habitat types such as vernal pools Website: ---is within a wildlife corridor area between a variety of special'statue species www-siweinounidiablo.or4 Preserves,including Byron airport mitigation areas, Los Vaqueros,Vasco Caves,etc. --includes significant historic and cultural artifacts --is in the vicinity of the Byron Airport,which is being considered for expansion Any consideration of development on this parcel should be preceded by protocol level biotic surveys and other analysis. t I can be reached at the address and numbers at left. Please inform Save Mount Diablo and the cc's below of the dates of the public hearing. Tbank you. Sincerely, i�; .6, - I C AA��� Seth Adams, Director of Land Programs Cc- Christine Palisoc, Regional 'stater Quality Control Board of Central Malley, 3443 Routier Road., Suite A. Sacramento,CA 95827 Janice Gan, California Dept, of Fish &Game Cheryl Johnson,t SFWS, 2800 Cottage flay, -2605 acr mento,GA 95825 Brad Olsen,Environmental Program} Manager, East Bay Regional Park District Craig Denisoff, Wildlands Incorporated, 916 331-8810 5910 Auburn Blvd_, Suite 17, Citrus eights, CA 95621 STATE OF CALIFOF IA.THE RESOURCES AGENCY GRAY DAVM,Govemot DEPARTMENT OF FISH AND GAME POST OFFICE BOX 47 YOEIN ALLE,CAt%€b*`MA 94699 007➢944--500 December 5, 2002 Mr. fury Fari.a YL } Centra Costa County _., Building Inspection Department Martinez, CA 94:53-1295 Via Fax (925) 646-1.21.9 Dear Mr. F aria s Notice of Intent to Render an Administrative Decision 5400 Hot Springs Road, CPN 002-200-014 Contra Costa County Depart-Hent of Fish and Care (DFG) personnel have received the Notice of Intent to render an administrative decision on the grading required ' for an A8-hole golf course project proposed at 5400 Hot Springs Road near Byron. The project involves 72, 000 cubic yards of earthwork in an area known to supporta number of special status and unique habitats. DFC disagrees with the County of Contra Costa' s (County) :intent to render 'a decision without California Environmental Quality Act (CEQA) review of this action. There is an. 'exercise of discretion in the issuance of a grading permit for this particular project as defined by CEQA. The County will exercise judgment controls in the issuance of the grading permit for this project in that the grading permit will affect the scope and extent of impacts associated with the project and therefore the environmental. outcome. In this caseCEQJA review is particularly important because there has been no prior analysis under C QA of grading-related impacts of this magnitude at the project site . T he project site is considered to be in an ecologically significant area which is known to support a number of special status species and unique habitant types. A number of areas in dose proximity to the proposed project have been set aside and managed as habitat for these species and have been identified as being of particular importance in rangewi.de conservation. planning. Mr. Cary Farm December 5,. 2002 Page 2 `here are occurrences of San Joaquin kit fox (Vul.pes macrcti s mut.ica) , California tiger salamander (Azrbys;toina cal forn.iense) , burrowing owl (Achene cun.icularia) , California red-legged frog (Rama aurora draytoniz) , Swainson' s hawk (Buteo sera insor') , and badger (Taxi dea taxus) in close proximity to the project site. AdditJonall.y, the following species and habitats occur in the project area, white-tailed kite (Blanus l.eucurus) , loggerhead. shrike (Lanius ludov.icianus) , golden eagle (Aquila chrysaetos) , vernal pmol fairy shrimp (Branchinecta 1ynchii) , California horned Lark (Eremophila alpestr s act.ia) , ', western pond turtle (Clemmys marmorata) , San Joaquin pocket mouse (Perognathus inornatus inornatus) , big tarplant 1 (Blephar.izon.i plumosass'p Plurrosa) , rec-urved larkspur (Delphinium recurvat -p,) , 'diamond petaled poppy (—Pschschol zia rIaorrbip et-ala) , rose-mallow (Hibiscus las.iocarpus) , Mason' s 1ilaeopsys (L laevpsi:s .masoni,i)`, Ferris' s milk-vetch (Astragalus terser var. ferri.siae) , alkali milk-vetch (Astragalus terser var.. tenter) , San Joaquin sal.tbush ('Atrip.l e joaqui.niana) , heartscale (,Atriplex cordulata) , caper--fruited. tropidocarpum (Tropidocarpum cappar.ideum) , valley sink scrub, northers claypan vernal pool, and alkali meadow. DEC is trustee agency for fish and wildlife resources of the State of California. DFG is also a responsible agency and issues permits for impaCtS to State listed threatened or endangered species and impacts to State waters. Independent of the 'CEQA requirement, the County should inform the applicant that if it is determined that the protect will impact listed species or State eaters, close coordination with DFG and the U. S. Fish and Wildlife Service, as appropriate, will be required to assure compliance with the California Fish and Came Cade and the State and Federal Endangered Species Acts. Based on the exercise of judgment controls by the County in the issuance of the grading permit for this project, the magnitude of impacts to special status species and ecologically significant habitat, and the absence of previous review, DFG disagrees with the County' s .intent to render a decision without CEQA review of this action. DFG recommends this project be subject to CEA and requests a public hearing on this matter. Mr. Gary Faria December 5, 200 Page -if you have any questions regarding CEQA interpretational issues, please contact John Mattox, Legal Counsel, at (916) 654- 3821 . For questions regarding our comments, please contact Janke Can:, Environmental Specialist, at (209) 835-6910; or Scott Wilson, Habitat Conservation Supervisor, at ( 707) 944-5564 . Sincerely, Robert W. Floerke Regional Manager Central Coast Region CC : i ildla ds Inc. 5910 Auburn Boulevard, Suite 17 Citrus Heights, CA 95621 Dan Buford U. S. Fish and Wildlife Service 2800 Cottage qday, W2605 Sacramento, CA .95825 Ed Wylie, South Section Chief U S. Army Corps of Engineers 333 Market Street San Francisco, CA 94105-2x97 .East Bay Regional Park District 2950 Peralta oak; Oakland, CA 94695-0381 Seth Adams Sage Mount Diablo 1.1.96 Boulevard flay #10 Walnut Creek,' CA 94596 John Mattox Office of General Counsel Department of Fish and Game 1.415 9th Street, 12th Floor Sacramento, CA 95814.