HomeMy WebLinkAboutMINUTES - 06211988 - T.8 .r
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 8
Adopted this Order on _June 21, 1988 by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
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SUBJECT: Hearing on Appeals of Christopher Valle-Riestra on Behalf
of Save Mt. Diablo, The Sierra Club, The Mt. Diablo Audubon
Society, The Preserve Area Ridgelands Committee and People
for Open Space; and Sanford M. Skaggs Representing Robert D.
Stratmore on Subdivision 6933 in the Diablo Area.
The Board of Supervisors on April 5, 1988 continued to this date
the hearing on the appeals by Christopher P. Valle-Riestra on behalf
of Save Mt. Diablo, The Sierra Club, the Mt. Diablo Audubon Society,
The Preserve Area Ridgelands Committee and People for Open Space; and
by Sanford M. Skaggs representing the owner, Robert D. Stratmore from
the San Ramon Valley Regional Planning Commission' s decision for
approval with conditions for Tentative Map for Subdivision 6933 ( a
request by DeBolt Civil Engineering (applicant) and Robert D.
Stratmore (owner) for approval to divide 106+ or -acres into six lots
in an Agricultural Preserve District (A-4) in the Diablo Area. )
Mary Fleming, Community Development Department, described the
project site and the proposed subdivision, commenting on the decision
of the San Ramon Valley Regional Planning Commission for approval of
the project for five lots with conditions. She also commented on the
appeals before the Board today.
Supervisor Schroder requested clarification on the propriety of
the County taking action on this subdivision request while the
property is still within the Williamson Act.
Victor Westman, County Counsel, responded to Supervisor
Schroder' s concern.
Supervisor Schroder requested information on the precedent
setting if the decision were to approve the subdivision while under
the Williamson Act.
Harvey Bragdon, Community Development Director, responded to
Supervisor Schroder' s request.
The public hearing was opened and the following people appeared
to speak:
Chris Valle-Riestra, 257 Vernon Street #321, Oakland,
representing Save Mt. Diablo, described the property using a site map,
presented a slide show of the area, commenting on issues including the
major reason for their appeal of the decision being that this
development would be incompatible with the continuing designation of
this land as a Williamson Act agricultural preserve, requesting the
application be denied and the action of the San Ramon Valley Regional
Planning Commission be reversed.
Seth Adams, P.O. Box 25, Concord, Program Director, Save Mt.
Diablo, presented letters urging denial of the subdivision from Mark
Evanoff, People for Open Space, from Bob Walker, President of the East
Bay Trails Council on the siting of the homes and the effect on nearby
trails and open space, and from Sherman Lewis, an administrator of
Preserve Area Ridgeland Committee commenting on cancellation from the
Williamson Act.
Alan Carlton, 1601 Oakland Avenue, Piedmont, Conservation Chair
of the San Francisco Bay Area Chapter of the Sierra Club, urged
rejection of the application.
Margaret Tracy, 1262 Madison Avenue, Livermore, representing
Preserve Area Ridgelands Committee, urged the Board to stay with the
provisions of the Williamson act and leave the property in agriculture
until the law allows the parcel to come out of the Williamson Act.
Edith Valle-Riestra, 140 Cora Court, Walnut Creek, urged the land
be kept in the Williamson Act until 1992 when the contract would
expire.
Sanford Skaggs, 1855 Olympic, Walnut Creek, representing the
applicant, Robert D. Stratmore, contended that this subdivision has
been automatically approved under the provisions of the Permit
Streamlining Act but that they wished to have the Board approve the
subdivision. He requested that the Board of Supervisors deny the
appeal of Save Mt. Diablo and grant the applicant' s appeal and
eliminate conditions two and seven. He also presented letter of
support from Mr. Joseph Alioto and Mr. and Mrs. Rebello of Diablo.
Supervisor Torlakson requested clarification on the ranchette
policy and the designation of Agricultural Preservation in the General
Plan.
Harvey Bragdon responded to Supervisor Torlakson' s request.
Jill Toney Kooler, 1442 La Cadena, Diablo, spoke in favor of the
subdivision.
Barry Abbott, 507 Grizzly Peak Blvd. , Berkeley, spoke in favor of
the subdivision.
Chris Valle-Riestra spoke in rebuttal.
Mr. Skaggs had nothing further to add.
The public hearing was closed.
Supervisor Schroder advised that he had some requests from Board
members to view the property in question. He expressed a desire to
convene with County Counsel to discuss the legality of the application
before the Board as it relates to the Williamson Act. He moved to
continue the decision to the meeting of July 12, 1988 to give everyone
an opportunity to give due consideration to the application before the
Board.
Victor Westman advised the Chairman there is a provision in the
Subdivision Map Act that says once you close a hearing you are
supposed to make a decision in ten days. He suggested leaving the
hearing open or that Mr. Skaggs indicate whether he will agree to
waive that ten day limit to put the decision over to July 12, 1988 .
Supervisor Schroder advised he would leave the hearing open.
Mr. Skaggs advised that he was willing to waive the provisions.
Supervisor Schroder then reopened the public hearing.
Supervisor Torlakson requested staff to respond in writing on the
actual text of the Agricultural Preservation category in the General
Plan and whether this matter would be precedent setting in terms of
other potential properties that might opt out of the Williamson Act
for this kind of subdivision.
Supervisor Fanden requested clarification on the matter of the
property tax paid on property under the Williamson Act.
The Board discussed the matter.
Therefore, IT IS BY THE BOARD ORDERED that the hearing on the
i'
appeals of Christopher P. Valle-Riestra on behalf of Save Mt. Diablo,
the Sierra Club, the Mt. Diablo Audubon Society, the Preserve Area
Ridgeland Committee and People for Open Space; and by Sanford M.
Skaggs representing the owner, Robert D. Stratmore, from the San Ramon
Valley Regional Planning Commission' s decision for approval with
conditions for the tentative map for Subdivision 6933, requested by
DeBolt Civil Engineering (applicant) and Robert D. Stratmore (owner) ,
Diablo area is CONTINUED to July 12, 1988 at 2: 00 p.m. ; and Community
Development Department Director is REQUESTED to respond to concerns
expressed by Supervisor Torlakson relative to the Williamson Act.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Super=.Ill .
e date shown.
ATTESTED: l q f
PHIL BATT ELOR, Clerk' of the Board
of Supervisors and County Administrator
v
By Af AA9 , Deputy
Orig. Dept. : Clerk of the Board
cc: Community Development Department
County Counsel
Christopher Valle-Riestra
Sanford M. Skaggs
Robert D. Stratmore
De Bolt Civil Engineering