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Home My WebLink AboutMINUTES - 06082004 - D1 D.1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY9 CALIFORNIA Date: June 8, 2404 -- — Public Comment irwrw�rr�nw■wrnw�rw�ww.nn�■irrrnwn■w�nrw_wi i■�Mr■■ur��inin�w On this date, the Chair invited those who wished to address the Beard for Public Comment. The fallowing people presented testimony: .Mayor Prling Horn, City of Lafayette,P.O. Box 1968, Lafayette, presenting a ceremonial shovel to Supervisor Uilkema in honor of groundbeaking of the new Lafayette Veterans' Memorial Building in Moraga. Bill Connelly, P.O. Box "70651., Sunnyvale; regarding permits on the Mariner's Cove Marina and dirt being placed on Mr. Connelly's property. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION WAS TARN Y f ' j: Y r,� }h / �f Ko / AIC DennistBarrel Community Contra Community Development Director Development Costa Department County`Administration Building County 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 r Phone: (925) 335-1214 June 1, 2004 W.J. Donnelly 516 East Maude Avenue Sunnyvale,CA 94086 Dear Mr. Donnelly: Re: Response to May 12,2004 Request for Information Mariner's Cove.Marina 1200 Taylor Road, Bethel Island (APN 028-010.003) CDD File#ZI03.9661,BID File#RF04-00512 This letter is in response to your May 12,2004 letter submitted to the Community Development and Building Inspection Departments of the County as a"formal demand" under the California Freedom of Information Act,or other applicable state law. For purposes of responding to your letter,the Community Development(CID)and Building Inspection(BID)Departments are jointly responding to.it. Neither agency is familiar with the cited California Freedom of Information Act. We are aware of the public Records Act which intends to allow public records available to the public for inspection, and if desired,provision of copies subject to prior payment of copying charge. We note that some of the questions posed in your letter are not seeking access to documents in our files,but are seeking responses to inquiries about the status of County investigations and reviews that are currently ongoing. 1. Q—Does the Gauntly support the.Bethel Island Improvement District's (BIMID's)apparent position that the dirt placed on the Donnelly's property, without a permit or notification, was done only to strengthen the toe of the levee? A- The:Bethel Island Improvement District is a Special District and independent from the County government. We are not certain of what position BIMID has taken with respect to placement of any dirt on your Office Flours Monday - Friday: 8:00 a.m.- 5:00 p.m. Office is closed the 1 st, 3rd& 5th Fridays of each month P. L F5 property,or motivation for any such action. If you have questions on their position, you should discuss the matter with District representatives. 2. Q--If the County does support putting dirt on our property',please provide supporting documentation for this decision. Also, why were we not given notice, and why was a public hearing not held? A--In November 2003, The Community Development Department advised owner of Mariner's Cove,Paul Sosnowski,that the grading he was proposing would require a grading permit from the County. To date, notwithstanding the grading activity that has occurred on his property,he has not filed for a grading permit application. Until,the County receives a grading permit application,we would not be able to determine what requirements apply to obtaining a grading permit. If grading were necessary on property not owned by Mr. Sosnowski, then prier to commencement of grading,the applicant would be required to provide proof of consent of the affected property owners. No public notice was issued because the grading activity was conducted without any grading permit application to the County. Cance an application is submitted,the County will provide for notice to the owners of property within 300 feet of the site that is proposed to be graded to provide them an opportunity to comment and/or request a hearing on the proposed grading permit. 3. Q—Please show us documentation supporting the conclusion that there was no other way to strengthen the tow of the levee;without taking our land. A—The County has not authorized the proposed grading. 4. Q—Two weeks ago,you indicated that the County had not.decided.Mariner's Cove needs a grading permit. Has a decision been reached? A—The Building Inspection Department has determined that the dirt that has recently been moved on the Mariner's Cove property requires a grading permit. The property owner has made initial contact with the Department, and the Department anticipates submittal of plans from the owner in the near future. 5. Q- What process was followed by Mariner's Cove concerning the removal of trees? A—In a letter from last November,Mr. Sosnowski was advised that any development including grading of the property would be subject to compliance with the Tree Protection and Preservation District, and that a tree permit might be required from the County prior to obtaining a grading 3 permit. To date, in addition to not receiving a grading permit application, the County has also not received a tree permit application. Nor has the owner provided staff with a survey of trees that were on the property prior to the commencement of recent grading alterations. Q—It is our understanding that according to the Department of Fish and Game letter dated August 25, 1995, that planning a raw of white alders was used for mitigation of 12 mulberries and 2 poplars growing on the landscaped levee. At the last BIMID meeting the fanner BIMID Supervisors states that the white alter trees were planted for mitigation and he was present when they were planted. What has the County done regarding this matter? In December of 2003 we advised Gary Faria that the trees were being removed. What responsibility does the County have with regards to this matter? A-After the recent grading alterations were commenced, Community Development Department staff met with the owner,Mr. Sosnowski and reminded him of the need to comply with the County Tree Protection Ordinance, even if the alterations to trees have already been affected by the grading activity. Following receipt of a complaint from the public,the Building Inspection Department initiated a Cade Enforcement Investigation of the property to take necessary action to bring the applicant into compliance with the law(BID File#RF04-00512). The County intends to tape necessary action to effect code compliance at this property. 6. Q— What action has the County taken with regards to the Ca(ornia Environmental Quality Act and the new pilings that have been driven at Mariner's Cave Marina? It is our understanding from the EPA that this is an issue the County should be dealing with. A—Neither the Community Development Department nor the Grading Division of the Building Inspection Department(Cary Faria)is familiar with the referenced pilings. We suggest that you contact Terry Plys,BID Code Enforcement Investigator(427-8846)to call those improvements to his attention and whether they comply with County requirements. The CEQA would only apply if the County were to consider a development permit application proposing said improvements in which the County would exercise discretion over the decision. To date,the County has not received such an application. 7. Q— What studies have been completed to meet Mr. Drake's requirement that BIMID be able to demonstrate an ability to remove the 35 ledges quickly, in the event of a breach of the levy? We have reviewed BIMIDfiles and could find no such study. Does the County have such a study? If so,please provide a copy If not, what is being done about this? 4 A- Neither Building Inspection Department nor the Community Development Department are aware of any plans that have been submitted to either of those Departments to demonstrate the ability to remove the proposed summer lodges quickly. It is possible that such plans have been submitted to the Public Works Department,Floodplain Administrator(Rich Lierly-- 313-2348; or Frank Navarro—313-2254). You may wish to try to contact one of those individuals to learn if such a plan has been submitted to that Department. CDD has advised Mr. Sosnowski that evidence of compliance with the Floodplain Management Ordinance (including plan for evacuation of applicable improvements)would be needed prior to clearance of building permits for the project. The responsibility is with the property owner to provide evidence of compliance with the ordinance. Should you have any questions concerning zoning ordinance compliance matters,please contact Bob Drake of the Community Development Department at(925) 335-1214. Should you have questions concerning compliance with grading ordinance matters, please contact Gary Faria of the Building Inspection Department at(925)335-1123. Should you have questions about the status of the code compliance investigation that the County has initiated for this site,please contact Terry Plys at(925)427-8846. Sincerely, ROBER H. DRAKE Principal Planner Community Development Department �' K GARY/,L7r-7 R Senior Grading Inspector Building Inspection Department Cc: Terry Plys Bethel Island Municipal Improvement District Public Works Dept. 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