HomeMy WebLinkAboutMINUTES - 05081990 - H.5 H. 5
BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
Adopted this Order on May 8, 1990 by the following vote:
AYES: Supervisors Schroder, Torlakson and Fanden
NOES: None
ABSENT: Supervisors Powers and McPeak
ABSTAIN: None
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SUBJECT: Hearing On Appeals Of Jim J. Moita And Save Mt. Diablo
From The Planning Commission Decision On MS 116-88
In The Clayton/Marsh Creek Area.
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeals of Jim J. Moita and Save Mt.
Diablo from the decision of the Contra Costa County Planning
Commission as the Board of Appeals on the application of Jim J. Moita
(applicant and owner) for approval of a tentative map for Minor
Subdivision 116-88 to divide 32 acres of land into four parcels in a
General Agricultural District (A-2) in the Clayton/Marsh Creek area.
Mary Fleming, Community Development Department, presented the
staff report on the history of the proposed minor subdivision and the
reasons for the appeals before the Board today. She commented on the
staff recommendation to uphold the decision of the County Planning
Commission, the options presented to the Board and requested that the
Board find the Negative Declaration appropriate.
The hearing was opened and the following persons appeared to
speak:
Jim J. Moita, 69 Hamilton Place, Oakland, appellant/applicant and
owner, presented a brief history of the proposed project, commenting
on material he presented to the Board and on issues including the
limitation of time on a scenic easement and visual impacts.
W.G. Morgan, 6040 Morgan Territory Road, Clayton, expressed
concerns including the dedication of development rights with the
scenic easement, and he spoke in favor of the proposed subdivision.
Christopher P. Valle-Riestra, 257 Vernon Street #321, Oakland,
representing Save Mt. Diablo, presented a history of the application,
commenting on the difference between the original application and the
application today, and he requested denial of the application before
the Board today:
Roy Hawes, P.O. Box 369, Clayton, Mayor of the City of Clayton,
presented a letter from the City of Clayton in opposition to the
proposed minor subdivision and the appeal by Mr. Moita and he
commented on issues including visual impacts, access, and conditions
desired by the City of Clayton. He invited the applicant to work with
the City of Clayton in developing a Specific Plan for this area.
Supervisor Torlakson requested comment from Mayor Hawes on the
possibility of a proposed moratorium in the Morgan Territory area.
Mayor Hawes responded to Supervisor Torlakson' s request.
Mr. Moita spoke in rebuttal.
Supervisor Torlakson moved to closed the public hearing. The
motion was seconded by Supervisor Fanden.
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Victor Westman, County Counsel, suggested that if the Board were
thinking of not making a decision on this application until after or
concurrent with the moratorium proposal, that the Board not close the
public hearing and continue the hearing until the date of the
moratorium or a week or two after that.
Supervisor Torlakson advised that he could not support this
project in its configuration and that he did not feel comfortable
going ahead with the project at this time. He indicated strong
support for the moratorium for a period of time to get a handle on the
planning issues in the area. He also indicated a leaning in the
direction of denying in some form the project and directing the
applicant to work in a different planning context.
Mayor Hawes, in response to a request from Supervisor Torlakson,
requested the Board take the action to deny the appeal and direct the
applicant to go back and work with the City of Clayton to come up with
something consistent with the City' s Specific Plan.
Supervisor Torlakson requested clarification from Mr. Westman on
the possible actions today.
Mr. Westman responded to Supervisor Torlakson' s request.
Supervisor Fanden expressed agreement with comments made today by
Mr. Hawes and expressed a desire to deny the project today and send
the applicant back to work with the City of Clayton and she requested
that Supervisor Torlakson work with the City of Clayton before the
moratorium is to be discussed before the Board.
Mr. Westman suggested with the conclusion of the hearing that if
the Board were to consider a motion to deny the application that the
Board' s motion indicate intent to deny and give staff an opportunity
to prepare findings for denial and return them to the Board for
consideration.
Supervisor Torlakson commented on the issues before the Board and
moved to deny the appeal of Mr. Moita, grant the appeal of Save Mt.
Diablo and direct staff to prepare the findings and necessary
documentation to indicate the concerns of the Board and agreement with
the comments that have been expressed today by Save Mt. Diablo and the
City of Clayton regarding the CEQA process that a negative declaration
is not adequate and an environmental impact report is required to
address possible cumulative impacts and the negative impacts on the
applicable County' s General Plan because of this subdivision' s
inconsistency with the plan and its elements ( scenic corridor, open
space, etc. ) .
Supervisor Torlakson clarified that the motion was to declare
intent on the actions in the motion and to request the property owner
to work with the City of Clayton and with the staff in the planning
processes in the area.
Mr. Bragdon recommended that that be a denial without prejudice,
in part, so this application could be re-filed and considered for
approval when an environmental impact report covers it.
Supervisor Torlakson indicated that that was acceptable.
On recommendation of Supervisor Torlakson, IT IS BY THE BOARD
ORDERED that the Board of Supervisors DECLARES ITS INTENT to deny the
appeal of Jim J. Moita and grant the appeal of Save Mt. Diablo, and
deny without prejudice the Minor Subdivision 116-88 ; and DIRECTS
Community Development Department to prepare appropriate proposed
findings for Board consideration so that it may declare and adopt its
findings and make its intended final decision; and REQUESTS the
applicant/owner to work with the City of Clayton on planning processes
in the area.
cc: Community Development I hereby oer0ty that this is a true and correct copy of
County Counsel an action taken and entered on the minutes of the
Board of Supenris re on the date shown.
Save Mt. Diablo ATTESTED: gay r ;.(2 go
Jim Moita PHIL BAT R,Clerk of the Board
of Supervise and Count Administrator
BY ,Deputy