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HomeMy WebLinkAboutMINUTES - 03261996 - D5 'A Contra - = � Costa TO: BOARD OF SUPERVISORS County FROM: HARVEY E. BRAGDON y~ DIRECTOR OF COMMUNITY DEVELOPMENT ��STA cavK cA DATE: March 26, 1996 SUBJECT: APPEAL BY THE APPLICANT - NEW GOLF ENTERPRISES (Applicant) - WEST/FLANIGAN/SILVA (Owners) , COUNTY FILE #LP922017 OF THE DENIAL DECISION BY THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION BOARD OF APPEALS TO ESTABLISH A GOLF COURSE, IN THE DANVILLE AREA SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the decision of the San Ramon valley Regional Planning Commission and deny the appeal with prejudice. FISCAL IMPACT None, if the application is denied, no further work would be necessary. BACKGROUND/REASONS FOR RECOMMENDATIONS The Board of Supervisors previously continued this matter on May 9 , 1995 to allow the applicant the opportunity to resolve the potable water issues, provide a reclaimed water routing study and an economic feasibility study. The applicant submitted progress reports for the months of June, July, August and September. The September progress report showed that the consultant would be able to complete the reclaimed water routing study by September 25, 1995 and the issues of potable water and the completion of the economic feasibility study were still pending. Finally, Mr. Baker notified staff on October 2 , 1995 that the 'studies would not be available until October 31, 1995 . CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON March 26, 1996 APPROVED AS RECOMMENDED X OTHER X See the attached Addendum. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT #1; #5 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 646-2091 Orig: Community Development Department ATTESTED March 26, 1996 cc: PHIL BATCHELOR, CLERK OF THE OARD OF SUPERVISORS AN OUNTY ADMINISTRATOR BY , DEPUTY 2 . Furthermore, on October 16, 1995 staff received a request from Ms. Constance West to withdraw her property from the application. County Code 26-2 . 1604 defines a qualified applicant as one who has a "freehold, possessory or contractual interest in the property. " Based on the request by Ms. West, the applicant is no longer considered a "qualified applicant" . At the Board of Supervisors meeting on December 12 , 1995 Mr. Baker requested a continuance to meet with Ms. West to discuss obtaining a new option on her property to permit him to continue processing the application or modify the project. Since the December 12 , 1995 Board meeting, staff has received no correspondence from Mr. Baker. Staff telephone Mr. Baker on March 12 , 1996 to see if additional information was to be provided. No response was received. Conclusion As previously discussed, the applicant failed to provide the information and is no longer a qualified applicant as defined by the County Code. Staff, therefore, recommends the application be denied with prejudice. Alternatively, the Board may consider granting additional time to the applicant to allow the applicant the opportunity to become a qualified applicant as the project is currently proposed or modify the project to conform to the lands under control by the developer. DJC/aa BDVIII/Golf.DJC ADDENDUM TO ITEM D.5 March 26, 1996 Agenda On December 12, 1995, the Board of Supervisors continued to this date the Appeal by the Applicant, New Golf Enterprises (Applicant) - West/Flanigan/Silva (Owners), County File #LP922017 of the denial decision by the San Ramon Valley Regional Planning Commission Board of Appeals to establish a golf course, in the Danville area. Dennis Barry, Community Development, presented the staff's recommendations. Speaking on this matter was John Baker, Appellant and Applicant, 810 Eastbrook Court, Danville. Following discussion by the Board, Supervisor Bishop moved that the Board deny the Appeal without prejudice. Supervisor DeSaulnier seconded the motion. IT IS BY THE BOARD ORDERED that the Appeal by the Applicant, New Golf Enterprises (Applicant), is DENIED without prejudice.