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HomeMy WebLinkAboutMINUTES - 05182004 - D.1 TO: BOARD OF SUPERVISORS �✓, �; Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: May 18, 2004 SUBJECT: Continued Review of a Motion for Reconsideration filed by Carole Dwinell and the Briones Hills Preserve Alliance of the Board of Supervisors Approval of a Land Use Permit to establish a Cemetery (Gan Shalom —Applicant & Owner), County File #LP022068, Martinez/Briones Valley area. (Sup. Dist. l) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION —Adapt a motion to: A. FIND that the reconsideration request from Carole Dwinell and the Briones Hills Preserve Alliance, and follow-on letter from the City of Pinole dated May 11,2004, present no new evidence that Would justify authorization of a reconsideration of the Board of Supervisors March 23, 2004 decision to conditionally approve the proposed cemetery; and B. DENY the request for reconsideration of Carole Dwinell and the Briones Hills Preserve Alliance. CONTINUED ON ATTACHMENT: X YES SIGNATURE R COMMENDATION OF MUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON MaYVM' APPROVED AS RECOMMENDED X OTHER X Bee attached addendum for Beard action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT } CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake[(925)335-12141 ATTESTED May 18, 2004 cc:Community Development Dept.(prig.) JOHN SWEETEN, CLERK OF THE BOARD OF Carole Dwinell SUPERVISORS AND COUNTY ADMINISTRATOR Briones Hills Preserve Alliance Gan Shalom ' f' Edward Shaffer,Archer Norris BY '�` " �` � " � ` --��PUTY Abrams &Associates Public Works dept. May 18, 2004 Beard of Supervisors Gan Shalom Cemetery, File#LP422068 Page 2 FISCAL IMPACT: None. BACKGROUND On July 25, 2002, Gan Shalom filed a land use permit application with the County to develop a cemetery on approximately 83 acres in the Briones Valley area at the intersection of Bear Creek Load and Hampton Road. The General Plan designates this site Agricultural Lands; the site is zoned General Agricultural, A-2. The site also lies within the affected area of the Briones Hills Agricultural Preservation Agreement that is referenced in the General Plan. For purposes of compliance with the California Environmental Quality Act (CEQA), a number of special investigations were conducted to determine whether the project would result in any significant environmental impacts. After conducting an initial study, staff determined that the project may result in some significant impacts, however mitigation measures were identified that would reduce those impacts to a less than significant level. After the applicant agreed to the proposed mitigations, staff proposed the adoption of a Mitigated Negative Declaration determination for purposes of compliance with CEQA, and issued a Notice of Intent to Adopt a Mitigated Negative Declaration determination on November 8, 2003. The period for accepting public comments on this proposal extended to December 8, 2403. Public comments on the proposed CEQA determination were submitted to the County. Hearings Before the County Planning Commission The County Planning Commission conducted two public hearings on the project on December 16, 2043 and January 13, 2004. Staff determined that the cemetery was consistent with the general plan and the zoning district, and recommended that the Commission approve the application subject to conditions. After accepting public testimony, the Planning Commission closed the hearing. The Planning Commission then voted to: • Determine on the basis of the whole record before the Commission, including the Initial Study and the comments received there is no substantial evidence that the project,with the mitigation measures, will have a significant effect on the environment. • Adopt the proposed Mitigated Negative Declaration determination as adequate for purposes of compliance with CEQA; • Determine that applicable land use permit and variance ordinance findings could be made; • Determine that none of the grounds specified in the Cemetery Ordinance that require denial of a cemetery land use permit application could be made for this application; and • Approve the project subject to modified conditions. On January 23, 2044, Carole Dwinell and the Briones Hills Preserve Alliance filed an appeal of the County Planning Commission decision. The appeal addressed procedural and substantive concerns with the Commission's decision. May 18, 2004 Board of Supervisors Gan Shalom Cemetery, File#LP022068 Page 3 Board of Supervisors Hearing on Appeal The hearing before the Board of Supervisors was initially noticed for March 16, 2004, but was rescheduled to March 23, 2004. At the March 23 hearing, staff reported that they found no merit in any of the appeal points raised by the appellants,and recommended denial of the appeal and that the Board sustain the Planning Commission's approval of the cemetery project. After taking testimony, the Board of Supervisors closed the hearing, and voted to sustain the County Planning Commission approval and to adopt the proposed Mitigated Negative Declaration determination,subject to modified conditions. MOTION TO RECONSIDER In a letter dated April 2, 2004 (attached to the 4/2012004 report to the Board), Carole Dwinell and the Briones Hills Preserve Alliance filed a motion for reconsideration of the Board decision based on"new questions" to the Board of Supervisors. In addition, the letter raises issues concerning water and traffic impacts, and asserts that an EIR should be required. APRIL 20 2004 BOARD OF SUPERVISORS CONSIDERATION OF THE RECONSIDERATION REQUEST The Board of Supervisors considered the reconsideration request at its April 20,2004 meeting.Atthat time, staff reported that the reconsideration request contained no new information to justify granting the reconsideration request that was not previously considered by the County Planning Commission on Board of Supervisors, and recommended that the request be denied. At that meeting, several speakers addressed the Board including the Mayor Peter Murray, of the City of Pinole. The Mayor requested that the Board provide additional time before ruling on whether to grant the reconsideration to allow the City an opportunity to review the background documents associated with the application and comment on the reconsideration request. The Mayor raised concerns with the risk of water pollution, traffic and other aspects of the project that might affect the City of Pinole. Additional correspondence on the reconsideration request was also presented at the hearing. After taking testimony, the Board continued consideration of the reconsideration request to this meeting to allow the City an opportunity to review and comment on the reconsideration request. MAY 11, 2004 UTTER FROM CITY OF PINOLE The City of Pinole has sent a letter to the County listing its concerns with the project and supporting the reconsideration request (Exhibit A). The City also indicates that it feels that an Environmental Impact Report should be prepared for the project. May 18,2004 Board of Supervisors Can Shalom Cemetery, File#LP022088 Page 4 DISCUSSION Review of Reconsideration Procedures Ordinance Code Section 26-2.2408 allows that following a decision by a division of the Planning Agency, a motion for reconsideration may be timely filed alleging pertinent factual or legal matters that were not brought to the attention of the division of the Planning Agency rendering the decision. It allows that division of the Planning Agency to grant the motion, and schedule a new hearing on the basis of the information presented in writing. Because the Ordinance provides no opportunity to appeal the Board's decision, were the Board to deny this motion, no further consideration of the County approval of the land use permit would be permitted. If the motion were to be granted, then staff would prepare a report and schedule the reconsideration for a future hearing of the Board of Supervisors. Inaccurate Testimony on Traffic Accident History Following the Board March 23,2004 decision on the appeal, the applicant's traffic consultant, Charles Abrams of Abrams and Associates informed staff that he provided inaccurate information about traffic accidents along Bear Creek Road in his public testimony on this project. The clarifications from the applicant were attached to the April 20, 2004 staff report. After reviewing the clarification, staff concluded that any inaccurate information in the applicant's traffic consultant testimony including the addition of other accident data does not have a significant effect on the overall traffic function of Bear Creek Road that is relevant to the merits of this project. Any inaccuracy would not affect staff s conclusions or recommendations on either the CEQA determination for the project, or on the merits of the project. Review of Points from the Motion to-Re-quest a Reconsideration and the City of Pinole Letter Staff has analyzed the various points that have been raised. • Staff has analyzed the comments from the May 11, 2004 letter from the City of Pinole and found no evidence that would justify granting a reconsideration request. (Exhibit B) • Exhibit D contains a Summary of Comments from the April 20, 2004 Board meeting, and staff responses to those points. It identifies when/where reconsideration points had been previously raised in the review of the application. • Exhibit E contains a staff response to the April 12, 2004 letter from Benjamin T. Reyes, City Attorney for the City of Pinole. • Exhibit F contains the staff response to an April 6, 2004 letter from Lawrence Nunes. May 18, 2004 Board of Supervisors Gan Shalom Cemetery Pile#LP022068 Page 5 CONCLUSION Based on the above described analyses, there is no new evidence that has been submitted that was not considered or presented to the County Planning Commission or the Board of Supervisors in their respective reviews of this project that would justify the granting of the motion for reconsideration of the Board of Supervisors' March 23, 2004 conditional approval of this land use permit application. Accordingly, tate request should be denied. Exhibits A — May 11, 20034 Letter from Pinole Mayor B -- Staff Response to Letter from Pinole Mayor C—Preliminary Draft Transcript of April20, 2004 Public Hearing Testimony on Reconsideration Request D—Staff Responses to April 20, 2004 Public Hearing Testimony on Reconsideration Request E — April 12, 2004 letter from Benjamin T. Reyes, Attorney for City of Pinole, and Staff Responses to Letter F —April 6, 2004 Letter from Lawrence Nunes and Staff Responses to letter C -- Materials Submitted by Speakers at 4120/2004 Hearing on Reconsideration Request H — Correspondence Received from Applicant Since April 20, 2004 1 -- Conditions of Approval Adopted by Board of Supervisors on March 23, 2004 for Can Shalom Cemetery Land Use Permit Application, County File #LPO22O68 GACurrent Planninglcurr-plan`BoardtBoard Carders11p022068.bo-5-13-2004.doc RD\ ADDENDUM TO ITEM I).1 May 18, 2004 The Board of Supervisors considered the continued review from April 20, 2004 on a motion for reconsideration Bled by Carole Dwinell and the Briones Hills Preserve Alliance of the Board of Supervisors Approval of a Land Use Permit to establish a Cemetery(Gan Shalom-Applicant& Owner), County File#LP022068,Martinez/Briones Valley area. Catherine Kutsuris, Community Development Department presented the staff report and recommendations. Also present was Dennis Barry,Community Development Department and Bob Drake, Community Development Department. The Chair then invited those who wished to address the Board. The following persons presented testimony. Peter;.Murray, Mayor of Pinole,2100'Whippoorwill Court, Pinole; Dr. Joe Mariotti, 100 Tennant, Pinole; Frank Nunes,Briones bilis Preserve Alliance, 1015 Garcia Ranch Road,Martinez; Frank Winer, 780 Raycliff Place, Concord; Ed Shaffer, on behalf of Gan Shalom,Archer Norris, 2433 N. Main Street,Walnut Creek; Lynn Sugayan,Briones Dills Preserve Alliance, 1471 Pereira Road, Martinez; Lawrence Nunes,Briones Hills Preserve Alliance, 104 Via Domingos,Martinez; Paul D. Brooks,450 Bear Oaks,Martinez; Carole Dwinell,Briones Hills Preserve Alliance, 241 Bear Oaks Court,Martinez. The Chair returned the matter to the Board for further discussion. Supervisor Uilkema requested that in regard to Exhibit B,the responses to the letter from City of Pinole, that on Page 9 regarding comment#16,paragraph 2 and 3, and on Page 11, Comment#21 are handled administratively. She also requested that the letter from Scott Compton, dated April 23,2404, regarding Pinole Creek be referred to the County Building Inspection Department staff. Supervisor Gioia advised that he felt the reconsideration request presented no new evidence that would justify the Board to reconsider this item and moved to approve the staffs recommendations with administrative direction to staff as discussed today. Supervisor Uilkema second the motion and the Board took the following action: • FOUND that the reconsideration request from Carol Dwinell and the Briones Hills Preserve Alliance, and follow-on letter from the City of Pinole dated May 1.1, 2444, presented no new evidence that would justify authorization of a reconsideration of the Board of Supervisors March 2 ,2444 decision to conditionally approve the proposed cemetery; • DENIED the request for reconsideration of Carole.Dwinell and the Briones Hills Preserve Alliance; Page 2 May 18, 2004 Item D.1 • REFERRED the letter from Scott Compton, Martinez,dated.April 23, 2004 regarding the Pinole Creek to the Building Inspection Department • DIRECTED the Community Development staff to address the issues raised today by the Board of Supervisors regarding the responses to the May 10,2004 letter from the City of Pinole.