HomeMy WebLinkAboutMINUTES - 07171990 - H.3 H. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 17, 1990 by the following vote:
AYES: Supervisors Powers, McPeak and Torlakson
NOES: Supervisors Fanden and Schroder
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeal Of Save Mt. Diablo On Minor Subdivision
MS #100-88, Willard G. and Naomi L. Morgan In The Clayton/
Marsh Creek Area.
On July 10, 1990, the Board of Supervisors continued to this date
the hearing on the appeal by Save Mt. Diablo from the decision of the
Contra Costa County Planning Commission acting as the Board of Appeals
on the application by Willard G. and Naomi L. Morgan (applicants and
owners) requesting approval of a tentative map for Minor Subdivision
#100-88 to divide 160 acres into four ( 4) parcels in a General
Agricultural District (A-2) in the Clayton/Marsh Creek area.
Karl Wandry, Community Development Department, presented the
staff report on the status of the appeal before the Board today, and
commented on the staff recommendation of support for the Planning
Commission recommendation.
The following persons appeared to speak:
Seth Adams, P.O. Box 25, Concord, representing Save Mt. Diablo,
spoke in opposition to the proposed project.
Willard G. Morgan, 6040 Morgan Territory Road, Clayton, spoke in
support of the Planning Commission and staff recommendations for
approval of the project.
Mr. Adams spoke in rebuttal.
The public hearing was closed.
Supervisor Torlakson commented on concerns including application
of the ranchette policy to this subdivision, water supply, the scenic
corridor, and he proposed various alternative resolutions. to the
appeal today.
Supervisor Torlakson and staff discussed issues including the
ranchette policy and the dedication of development rights.
Victor Westman, County Counsel, commented on a memorandum from
County Counsel that had been requested by the Community Development
Department on this development.
Supervisor Powers advised, that it is not consistent with the
General Plan to subdivide this property and the subdivision is
premature at this time, and he advised of his intention to move to
deny.
Supervisor Torlakson moved to deny the subdivision without
prejudice which would allow the applicant to be able to come back if
there are some clear General Plan policies, and indicated concerns
about the issues including water supply, lack of information about
sites and biological studies and concern about building on ridgetops.
. Supervisor Powers clarified that it was Supervisor Torlakson' s
intention to deny the subdivision and seconded the motion.
Mr. Westman discussed the proposed action.
Mr. Morgan advised that he could not accept the dedication of
development rights as a condition.
Supervisor Torlakson moved to refer the matter to staff to
develop findings for denial of this project, looking at issues raised.
during the hearing, along with the negative declaration in terms of
potential environmental impacts that the Board may wish to look at in
terms of further development potential of the property.
Supervisor Powers seconded the motion.
Supervisor Schroder advised that he would vote against the motion
because he believes that the unanimous decision of the Planning
Commission giving the conditions of approval of the minor subdivision
is more than adequate.
Supervisor Fanden requested clarification as to whether the
issues were before the Planning Commission.
Mr. Wandry responded affirmatively.
IT IS BY THE BOARD ORDERED that the Board DECLARES ITS INTENT to
grant the appeal of Save Mt. Diablo on MS 100-88 and to deny MS
100-88; and the Community Development Department staff is DIRECTED to
prepare findings for Board consideration.
hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Suiso on the date ah wn.
ATTESTED: I` _
PHIL-;TCH900FR,Clerk of the Board
upervis and Cou dministrator
By
Deoutv
cc: Community Development Dept.
County Counsel