HomeMy WebLinkAboutMINUTES - 05091989 - 2.6 I .
2. 6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _May 9, 1989 by the following vote:
AYES: Supervisors Powers, Fanden
NOES: Supervisors Schroder, McPeak, Torlakson
ABSENT: None
ABSTAIN: None
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SUBJECT: Request for Reconsideration
The Board on April 25, 1989, granted the appeal of DK Associ-
ates (applicant) and M.B. Lines (owner) from decision of the County
Planning Commission and approved with conditions Minor Subdivision
37-88 , Martinez area.
The Board received letters from Mayor Avon M. Wilson, City of
Lafayette, Douglas Cunningham, President, Baywood Community Asso-
ciation, and Bernard Norton, 1101 Silverhill Court, Lafayette,
requesting the Board to reconsider its decision on MS 37-88
pursuant to ordinance Code Section 26-2. 2408.
The following persons spoke:
Douglas Cunningham expressed concern that the Board may not
have perceived the historic legal significance of the dedication of
land for cemetery use. He called attention to the fact that in
1955 the property owner dedicated the entire 170 acre parcel for
cemetery use and that it must be demonstrated that the public
benefit of cemetery dedication no longer exists in order for the
land use designation to change.
Councilman Holmes, City of Lafayette, advised that approval of
this land split is the precursor for development in the area. He
spoke on the future impact of traffic on Reliez Valley Road and
Taylor Boulevard. He expressed concern that allowing MS 37-88 to
proceed might have negative consequences to the owners or future
buyers of cemetery plots.
Georgia Michell, 1960 Reliez Valley Road, Lafayette, commented
on the noticing procedures for land use issues and of the need to
allow all persons opportunity to speak on the issue.
Daniel J. Curtin, Jr. , attorney of the Law Firm of McCutchen,
Doyle, Brown and Enersen representing Davidon Homes, 1855 Olympic
Boulevard, Walnut Creek 94596, advised that the action taken by the
Board on April 25 was proper and therefore the Board should deny
the request for reconsideration.
Robert Ducli, DK Associates, noted that the application is
currently for a minor subdivision and therefore is not required to
address the issues associated with a larger development.
The Board also received a letter dated May 8 , 1989 from Hugh
Wang, M.D. , 2086 Mohawk Drive, Pleasant Hill 94523 , advising that
the proposed development for the Oakmont Cemetery site would have
significant impact on the adjoining neighborhoods. He commented on
noticing procedures for land use matters.
i Supervisor Fanden expressed support for the requests for
reconsideration and therefore moved that this matter be scheduled
for rehearing. She suggested that the Board may want to consider
an evening time.
Supervisor Powers seconded the motion. He advised that he
would be unable to attend an evening meeting in the near future.
Supervisor Schroder and Supervisor McPeak advised that they
could not find any new information to support the requests for
reconsideration and therefore would not be voting in support of the
motion.
Supervisor Torlakson requested staff to be more diligent in
notifying affected property owners of future hearings on land uses
for this area.
The Board then voted on the motion. The Chair announced that
the motion failed to carry.
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Douglas Cunningham
Bernard Norton
Director, Community Development
County Counsel