HomeMy WebLinkAboutMINUTES - 06051990 - H.1 4
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TO: BOARD OF SUPERVISORS ;; �� Contra
. . Costa
FROM: Harvey E. Bragdon - (J�1111�'
Director of Community Development
DATE: May 29, 1990
SUBJECT: Interim Urgency Ordinance for Morgan Territory Area.
SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the ordinance entitled "Urgency Interim Prohibition of
Development and Subdivision in the Morgan Territory Area".
2. Authorize the Director of Community Development to file a
Notice of Exemption on the ordinance.
3. Schedule July 17, 1990, for an additional public hearing on
extension of this ordinance.
FISCAL IMPACT
The only costs for adoption of this ordinance are for publication
and public- notice; those costs have already been incurred. The
extension hearing will entail a second publication and public
hearing notice.
BACKGROUND/REASONS FOR RECOMMENDATIONS.
On May 1, 1990, Supervisor Torlakson forwarded a recommendation to
the Board of Supervisors directing the County Counsel and Community
Development Departments to prepare the necessary documents to .
impose a moratorium "on any new general plan amendments, any new
subdivisions, and any new land use permits in the Morgan Territory
area. The Board concurred with that recommendation on May 1,
1990 .
The ordinance limits the processing of any new subdivision or land
use permits. It expresses the intent of the Board not to process
any additional private applications for rezonings or general plan
amendments until a comprehensive review of the existing zoning in
the area is completed. The target schedule for completing that
zoning review is five months (December 1, 1990) .
Lastly, it is recommended that a follow up public hearing to extend
this ordinance be scheduled for July 17, 1990. The current law
requires that the Urgency Interim Ordinance will expire after 45
days unless extended at public hearing within that 45 day time
period. Since it is known that an extension will be required,
staff felt it would be desirable to indicate that fact at his time
and to schedule that ordinance extension hearing date.
4V%,�CONTINUED ON ATTACHMENT: YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RE AT OFYBQILRD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON June 5, 1990 APPROVED AS RECOMMENDED OTHER
.This is the time heretofore noticed by the Clerk of the Board of
Supervisors. for hearing on an interim urgency ordinance for the Morgan
Territory area. m
Supervisor Schroder requested clarification of the history of the
proposed moratorium and that staff address concerns relative to the
procedures involved in noticing.
• 1 s .,,
Supervisor Torlakson responded to Supervisor Schroder' s request.
James Cutler, Community Development Department, also responded to
Supervisor Schroder' s request.
The Board discussed the issues before the Board including the
proposed moratorium and the zoning study.
The public hearing was opened and the following persons appeared
to speak:
Chris Valle-Riestra, 257 Vernon Street #321, Oakland,
representing Save Mt. Diablo, spoke in favor of the proposed
ordinance.
Dennis Watson, 13980 Marsh Creek Road, Clayton, spoke on issues
including land values.
Corinne Vieville, 15675 Marsh Creek Road, Clayton, spoke in
opposition.
i
Sam Stewart, P.O. Box 19, Clayton, spoke in opposition.
Wilburt Cossel, no card submitted, requested an evening meeting.
Ric Schiff, P.O. Box 744 , Clayton, spoke in opposition.
Jack Wessman, 2430 Morgan Territory Road, Clayton, spoke in
opposition.
Mary Williams, 13950 Marsh Creek Road, Clayton, spoke in
opposition.
W.G. Morgan, 6040 Morgan Territory Road, Clayton, spoke in
opposition.
Dr. Henry Alker, 22 Battery Street, Ste. 314 , San Francisco,
representing Southport Land and Commercial Co. , spoke in opposition.
Hal Boex, 15 Lily Court, Walnut Creek, representing Clayton
Ranch, spoke in opposition.
William Wayne Thomas, 4723 Suzanne Drive, Pittsburg, spoke in
opposition. ,
Mary Lentzner, 1442 Fifth, Livermore; spoke in opposition.
Robert Boehrer, 6100 Briones Valley Road, Brentwood, spoke in
opposition.
Jim Moita, no card submitted, spoke in opposition.
Brad Liebman, 345 Lorton Avenue, Burglingame, spoke in
opposition.
Karen K. Farlow, 2575 Morgan Territory Road, Clayton, spoke in
opposition.
Louis Ginochio, 3401 Walnut, Concord, spoke .in opposition.
John Compaglia, 3370 Worth Court, Walnut Creek, spoke in
opposition.
John Marvin, 220 Tumbleweed Court, Clayton, spoke on the scope of
the proposed ordinance.
Al McNabney, 1161 Leisure Lane #7, Walnut Creek, representing Mt.
Diablo Audubon Society, spoke in favor.
Denise Boehrer, 6100 Briones Valley Road, Brentwood, spoke in
opposition.
Craig Boehrer, 2407 Tompkins Way, Antioch, spoke in opposition.
Michael Boehrer, 5100 Briones Valley Road, Brentwood, spoke in
opposition.
2.
Barbara Gutridge, 13600 Marsh Creek Road, Clayton, spoke in
opposition.
Roy Hawes, P.O. Box 369, Clayton, representing the City of
Clayton, spoke in favor.
Supervisor Torlakson recommended a corridor to examine in a study
without a moratorium and inviting a citizens committee to be formed,
and keeping progress going by getting the. commitment of the staff to a
rigorous timetable and monthly status report to meet an October
deadline and he so moved.
Jim Cutler clarified the boundaries of the proposed zoning study.
Supervisor Torlakson clarified that his motion reduced the study
area and involved various groups.
The Board discussed the area to be involved in the study.
Supervisor Schroder clarified that the motion precluded the
imposition of a moratorium.
Supervisor Torlakson concurred.
IT IS BY THE BOARD ORDERED that the staff recommendations
relative to an urgency interim ordinance imposing a moratorium on
development in the Morgan Territory area are DENIED;, and the Community
Development Department is DIRECTED to complete the zoning study for
the area as recommended; and the Community Development Department and
Supervisor Torlakson are DIRECTED to establish an Advisory, Committee.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: I, III, IV, V NOES: II ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED June 5,1990
County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works Dept. COUN ADMINISTRATOR
0
BY , DEPU7
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