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HomeMy WebLinkAboutMINUTES - 06242008 - D.1 Contra TO: BOARD OF SUPERVISORS Costa :•:. - i;.. ;;;tea FROM: Dennis M. Barry, AICP, Interim Director County Department of Conservation and Development r'i i?6oK'� DATE: June 24, 2008 SUBJECT: Hearing on an Appeal Jointly Filed by Save Mt. Diablo and East Bay Regional Park District of a County Planning Commission Decision to Approve a Vesting Tentative Map to Subdivide a 38-acre parcel located at #3000 Bragdon Way, in the Clayton/Marsh Creek area. County File #MS05-0030 (Bellecci & Associates -Applicant; Roger & Kandell Habig - Owners) (S.D. IV) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Reschedule the hearing to July 8, 2008 at 10:00 a.m. BACKGROUND/REASONS FOR RECOMMENDATIONS: The applicant and appellants have been recently meeting,to see if they are able to resolve their differences concerning the Planning Commission decision. Both have requested that the Board reschedule this matter to this date to allow more time for trying to work out a mutually acceptable resolution. Neither party is plannin to attend the hearing on June 24. CONTINUED ON ATTACHMENT: ❑ YES ® NO SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON�,/j�4 ne APPROVED AS RECOMMENDED HER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND —�-� CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT l.— ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTE . Contact: Rose Marie Pietras (925-335-1216) N CULLEN, CLERK OF THE cc: Department of Conservation and Development (DCD) OARD OF SUPERVISORS AND Bellecci &Associates -Charles Capp OUNTY ADMINISTRATOR Morgan Miller Blair- Patricia Curtin Save Mt. Diablo—Seth Adams BY , DEPUTY EBRPD—Brad Olson Public Works Dept., Eng. Services Div. RD\ GACurrent Planning\curr-plan\Board\Board Orders\HabigNS05-0030 6-24 resched.bo.doc Dennis Barry/CD/CCC To Jason Crapo/CAO/CCC@CCC,Victoria v� 06/11/2008 09:13 AM Mejia/CAO/CCC@CCC,Julie Enea/CAO/CCC@CCC �_=, cc Catherine Kutsuris/CD/CCC@CCC, Bob Drake/CD/CCC@CCC bcc Subject Habig Subdivision appeal Materials The subject appeal of Save Mount Diablo and East Bay Regional Park District is scheduled for Board hearing on June 24. Under the Subdivision Map Act, an appeal from a subdivision approval must be heard within 30 days, unless the applicant agrees to an extension of the deadline. If the deadline is not met,the subdivision is approved as last approved by the advisory body (planning commission). The applicant has previously agreed to extend the deadline to the 24th, but has refused any further extension. Supervisor Bonilla,whose district this is in, has requested staff to meet with the applicant, Save Mount Dlablo, and the Supervisor prior to the hearing in order to see if a compromise can be reached. In addition she has requested staff to conduct an inspection of alleged grading and possible tree ordinance violations prior to the completion of the Board Order. In addition,the principal planner in charge of producing the staff report is in the middle of a jury trial as a member of the jury. Accordingly, I am requesting that the normal dealines for submitting the staff materials be suspended in this instance. We will do everything possible to see that the materials are provided timely to the Administrator's Office and Clerk of the Board in order to avoid any disruption of the normal Board Packet distribution. Thank you for you consideration. If you have questions or need clarification, please call. Dennis Dennis M. Barry,AICP Interim Conservation and Development Director Contra Costa County 925.335.1276 c� s� n �•S N � LA A lip. IP . O v a �L IXA . \ �n y N © Jv (: C5)� 7 N O L mom d u 0 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS CLAYTON/MARSH CREEK AREA NOTICE is hereby given that on Tuesday, June 24, 2008 at 10:00 am, in the County Administration Building, 651 Pine Street, (Corner of Pine and .Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: BELLECCI & ASSOCIATES, INC. (Applicant), ROGER& KANDELL HABIG (Owners), County File #MS05-0030 — A hearing on an appeal jointly filed by Save Mount Diablo and East Bay Regional Park District of a County Planning Commission decision to approve a vesting tentative map to divide 38 acres into three parcels and a remainder, subject to conditions. Said approval by the County Planning Commission provided for the deletion and substitution of mitigation measures in a Proposed Mitigated Negative Declaration for this project which the Commission determined to be equivalent or more effective. The subject site is located at#3000 Bragdon Way, in the Clayton/Marsh Creek area. (A-2)(ZA: N-20)(APN 078-090-025) If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing described at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Prior to the hearing, Department of Conservation and Development staff will be available on Tuesday, June 24, 2008 at 9:30 am in Room 108, Administration Building, 651 Pine Street, Martinez, to meet with any interested parties in order to (1) answer questions; (2) review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and (4) provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Robert Drake, Department of Conservation and Development, at (925) 335-1214 by 3:00 pm on Monday, June 23, 2008 to confirm your participation. Date: June 10, 2008 John Cullen, Clerk of the Board of Supervisors and County Administrator McHuen, Deputy Clerk 78070027 78090020 78090025 EAST BAY REGIONAL PARK DIST. SMITH,LARRY A&BONNIE M HABIG,ROGER G &KANDELL K TRE LAND ACQUISITION DEPT. P.O. BOX 546 3000 BRAGDON WAY 2950 PERALTA OAKS CT. CLAYTON,CA 94517 CLAYTON,CA 94517 OAKLAND,CA 94605 78090026 78090027 78090028 DEYOREO,JAMES JON&KELLY L K GREGORY,JOHN EDWARD TRE THIELAMAY SANJIVA&DIANA T 3050 BRAGDON WAY 1547 PALOS VERDES#166 3165 BRAGDON WAY CLAYTON,CA 94517 WALNUT CREEK,CA 94597 CLAYTON, CA 94517 8090030 CALIFORNIA7RESCOM VENTURES 78120011 i 78190005 LLC CONTRA COSTA COUNTY FARM GHIO, WALTER H&ROSE M TRE 2122 WILMINGTON DR. 255 GLACIER DRIVE 12360 MARSH CREEK RD. WALNUT CREEK,CA 94596 MARTINEZ,CA 94553 CLAYTON,CA 94517 PATRICIA E.CURTIN MORGAN MILLER BLAIR,A LAW CORP. BONNIE&LARRY SMITH ELOISE& JOHN POUND 1331 N.CALIFORNIA BLVD.,ST. 200 12103 MARSH CREEK ROAD P.O. BOX 219 WALNUT CREEK,CA 94596 CLAYTON,CA 94517 CLAYTON,CA 94517 FRANK BELLECCI CA REGIONAL WATER QUALITY BELLECI &ASSOC.,INC. _ COUNTY FILE # CONTROL BOARD CENTRAL/SAN JOAQUIN VALLEY REGION CONCORD,CA 9452200 2290 DIAMOND BLVD. 100 MS05 0030- HABIG 11020 SUN CENTER DRIVE#200 RANCHO CORDOVA,CA 95670-6114 BRAD OLSON EAST BAY REGIONAL PARK TROY BRISTOL-SAVE MOUNT U.S. FISH& WILDLIFE DISTRICT DIABLO CALIF/NEVADA OPERATION 2950 PERALTA OAKS CT. 1901 OLYMPIC BLVD., ST.220 DIVISION OF ECOLOGICAL SERVICES OAKLAND, CA 94605 WALNUT CREEK,CA 94596 2800 COTTAGE WAY, STE.W-2606 SACRAMENTO,CA 95825 STATE DEPT. OF FISH &GAME US ARMY CORP. OF ENGINEERS CITY OF CLAYTON REGION 3 SAN FRANCISCO DISTRICT 6000 HERITAGE TRAIL 7329 SILVERADO TRAIL 333 MARKET ST., 8T"FL. CLAYTON,CA 94517 NAPA,CA 94558 SAN FRANCISCO, CA 94105-2197 BAAQMD EAST CCC FIRE PROTECTION DIST. MT. DIABLO UNIFIED SCHOOL ATTN: ENVIRONMENTAL REVIEW - 2010 GEARY ROAD 1936 CARLOTTA DRIVE SECTION PLEASANT HILL,CA 94523 CONCORD,CA 94519 939 ELLIS STREET SAN FRANCISCO,CA 94109 CONTRA COSTA MOSQUITO ABATEMENT SETH ADAMS-SAVE MOUNT DIABLO HEALTH DEPARTMENT C/O CHARLES BEESLEY,DIST. MGR. 1901 OLYMPIC BLVD., ST.220 INTEROFFICE 155 MASON CIRCLE WALNUT CREEK,CA 94596 j CONCORD,CA 94520 CHARLES J.CAPP,PLS PUBLIC WORKS MAIN LIBRARY-PLEASANT HILL BELLECCI &ASSOC., INC. ENGINEERING SERVICES INTEROFFICE 2290 DIAMOND BLVD., SUITE 100 CONCORD, CA 94520 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF BELLECCI & ASSOCIATES, INC. (Applicant) , ROGER & KANDELL HABIG (Owners) , County File #MS05-0030 - A hearing on an appeal jointly filed by Save Mount Diablo and East Bay Regional Park District of a County Planning Commission decision to approve a vesting tentative map to divide 38 acres into three parcels and a remainder, subject to conditions. Said approval by the County Planning Commission provided for the deletion and substitution of mitigation measures in a Proposed Mitigated Negative Declaration for this. project which the Commission determined to be equivalent or more effective. The subject site is located at #3000 Bragdon Way, in ,the Clayton/Marsh Creek area. (A-2) (ZA: N-20) (APN 078-090-025) Notice of hearing for Tuesday June 24 , 2008 at 10:00 a.m.., was mailed this day, Monday, June 16, 2008. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the.United States, over age 18; and that today I deposited for mailing by the United States Postal Service in.Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: June 16, 2008 June cHuen, Deputy Clerk r, Bob Drake To: "Patricia Curtin"<PCurtin@mmblaw.com> ` 05/21/2008 02:54 PM cc: cKuts@cd.cccounty.us,"Charles Capp \(RightFax\)"<I MCEARFAX-Charles+20Capp+40_FN=+261+20+28040 +29925+29+20685-4838_VN=+28040+29925+29+20685-4569_CO=Be ���'• ) Subject: Mutual Consent of Delayed June 24,2008 Board of Supervisors Hearing on Appeal of CPC Approval of Habig Minor Subdivision,County File#MS05-00308) Pattie, As staff representative of the.County Advisory Agency, by email, this is to confirm that the County agrees to deferring an initial Board of Supervisors hearing to June 24, 2008 on the appeal of Save Mt. Diablo and EBRPD of the County Planning Commission approval of the Habig Minor Subdivision pursuant to Government Code Section 66451.1(a). We shall request that the Clerk of the;Board remove this item from the June 3 Board agenda that was previously discussed. Should there be any questions, please call me. Bob Drake Dept. of Conservation & Development Contra Costa County (925)335-1214 "Patricia Curtin"<PCurtin@mmblaw.com> "Patricia Curtin" ` •' <PCurtin@mmblaw.com> To "Bob Drake"<bdrak@cd.cccounty.us>, 05/21/2008 12:29 PM <cKuts@cd.cccounty.us> cc <khabig@juno.com>,"Charles Capp\(RightFax\)" <I MCEARFAX-Charles+20Capp+40_FN=+2B 1+20+28040+2 9925+29+20685-4838_VN=+28040+29925+29+20685-4569 CO=Bellecci+20+26+20Associates+2C+201 nc+2E_CI=Con cord+2C+20CA@mm blaw.com> Subject Habig Board hearing date for June 24 Catherine and Bob- As legal counsel to the Habigs, we are requesting.to postpone our agreed upon hearing date of June 3 to June 24 before the Board of Supervisors. In a previous email dated April 29 to Bob, I agreed that the County could schedule a hearing date to consider the appeal filed by Save Mt. Diablo and EBRPD for June 3. In an effort to allow us time to discuss this matter with Save Mt. Diablo in anticipation of resolving their issues, we request that the appeal not be scheduled for June 3 but rather June 24. Thank you. Patricia E.Curtin Morgan Miller Blair, a Law Corporation r � 1331 N. California Blvd., Suite 200 Walnut Creek, CA 94596 Direct: (925) 979-3353 Main: (925) 937-3600 Direct Fax: (925)274-7553 Asst: Karen Mason (925) 979-3324 email: pcurtin(cD-mmblaw.com hftp://www.mmblaw.cot-6 J - Bob Drake To: Debbie Sittser/CD/CCC@CCC °..� cc: Maureen Parkes/CD/CCC@CCC,Aruna Bhat@CCC, �€ 06/09/2008 09:18 AM jmchu@cob.cccounty.us,rpiet@cd.cccounty.us@CCC Subject: Noticing of Habig Appeal for 6124 BOS Hearing Debbie, We were trying to further postpone the initial hearing of the Habig appeal. Attached below is a message from Catherine from last Thursday-that she was trying to arrange for it, but I have no updated message from her, so we need to assume that the applicant has not agreed to a postponement, and proceed with scheduling this item for hearing. June had advised me that the deadline for arranging for the hearing notice is Tuesday, June 10 at noon. Would you mind arranging for such a notice with the Clerk of the Board? There is always a chance that the applicant will later come through with a deferral proposal. I am still on Jury Duty this week, but will be checking in. Bob MS05-0030 appeal.des.doc —Forwarded by Bob Drake/CD/CCC on 06/09/2008 09:11 AM-- Catherine Kutsuris/CD/CCC 06/05/2008 06:19 PM To Bob Drake/CD/CCC@CCC cc Subject Habig I understand that a meeting has been set with both sides on June 18th - - I left a message with Patty about moving the item to July 8th. I explained that it woudln't make sense for us to spend the many hours on a staff report if in fact there is an agreement that can be reached. Hopefully, she'll agree. I've asked that she call me tomorrow. I'm out at Sosnowski's tomorrow and will be back in the afternoon. I'll let you know if I can get this resolved tomorrow afternoon-that's my goal. CK Bob Drake To: Julie Enea/CAO/CCC@CCC �. 04/23/2008 04:04 PM cc: Catherine Kutsuris@CCC,Dennis Barry@CCC,Gloria . Slusher/CD/CCC@CCC,jmchu@cob.cccounty.us, jpenn@cob.cccounty.us, Maureen Parkes/CD/CCC@CCC U Subject: Re: Fw: Request to Reserve Time on the Board of Supervisors 5/13/2008 Agenda for Hearing of Appeal on County Planning ° Commission Approval of the Habig Minor Subdivision, File#MS05-0030 Julie, Per our conversation a minute ago,we still want this item (Habig appeal) scheduled for May 13, not May 6. You indicated that you would reserve time for this item on May 13. Not to confuse things, but we actually would like to push the hearing to a much later date, but will first need to get the applicant's consent. Thanks, Bob Julie Enea/CAO/CCC Julie Enea/CAO/CCC 04/23/2008 03:48 PM To Bob Drake/CD/CCC@CCC cc Catherine Kutsuris@CCC, Dennis Barry@CCC,Gloria Slusher/CD/CCC@CCC,jmchu@cob.cccounty.us, jpenn@cob.cccounty.us,Maureen Parkes/CD/CCC@CCC Subject Re: Fw:Request to Reserve Time on the Board of Supervisors 5/13/2008 Agenda for Hearing of Appeal on County Planning Commission Approval of the Habig Minor Subdivision, File#MS05-0030D We're okay with scheduling this for May 6 if you must. The Budget Adoption may not be as contentious as we had anticipated, if yesterday's hearing is any indication. Julie Bob Drake/CD/CCC Bob Drake/CD/CCC 04/21/2008 05:34 PM To jmchu@cob.cccounty.us cc jpenn@cob.cccounty.us,Julie Enea/CAO/CCC@CCC, Gloria Slusher/CD/CCC@CCC, Maureen Parkes/CD/CCC@CCC,Catherine Kutsuris@CCC, Dennis Barry@CCC Subject Fw:Request to.Reserve Time on the Board of Supervisors 5/13/2008 Agenda for Hearing of Appeal on County Planning Commission Approval of the Habig Minor Subdivision, File #MS05-0030 a decision by the County Planning Commission to approve the above captioned tentative map. Unless the appeal is heard by the Board of Supervisors within thirty(30)days(by 5/18)of the date of the appeal, under provisions of the Map Act, the County risks that the Commission's approval will be final with no opportunity for the Board to modify it. We are presently working on a staff report, agenda item description, and notification materials, and will forward them when they are completed. Presently,we wish to reserve time on the Board's 5/13/2008 agenda for hearing of this matter. I expect that the item will require at least 30 minutes of the Board's time. Please let me know if we are able to reserve a time on that agenda for this item, and let me know right away ifyou foresee any problem in getting this item on that agenda. Thank you in advance for your assistance. Bob Drake X5-1214 _ Debbie Sittser To: June McHuen/COB/CCC@CCC cc. 06/10/2008 11:03 AM Subject: Re: Habig Appeal Notification[ Thanks, June. Rose told me there is a meeting between the applicants and their attorney(I think)this morning so hopefully we will know something by this afternoon. Debbie Sittser Department of Conservation and Development Community Development Division 651 Pine Street, NW5F Martinez, CA 94553 925-335-1210 925-335-1218-direct 925-335-1222-fax dsitt@cd.cccounty.us June McHuen/COB/CCC June McHuen/COB/CCC 06/10/2008 10:59 AM To Debbie Sittser/CD/CCC@CCC cc Bob Drake/CD/CCC@CCC,Catherine Kutsuris@CCC, Dennis Barry@CCC,jpenn@cob.cccounty.us,Julie Enea/CAO/CCC@CCC,Maureen Parkes/CD/CCC@CCC, rpiet@cd.c'ccounty.us Subject Re:Habig Appeal Notification[] Conference Room 108 is reserved for 9:30-11:00. The notice will publish on Friday, June 13. If not cancelled by Thursday morning, it will run. If you cannot reach the applicant in time, it is my understanding that the hearing can be continued by the Board to a date and time certain. June McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra Costa County 925.335.1905 Debbie Sittser - Debbie Sittser To: June McHuen/COB/CCC@CCC 06/10/2008 09:44 AM cc: Maureen Parkes/CD/CCC@CCC,rpiet@cd.cccounty.us@CCC, jpenn@cob.cccounty.us@CCC,Julie Enea/CAO/CCC@CCC, Catherine Kutsuris@CCC, Dennis Barry@CCC, Bob Drake/CD/CCC@CCC Subject: Habig Appeal Notification J 9 PP Hi June, I have attached an updated (dates&times only)version of the notification for the appeal of the Habig application (File#MS050030). We are in the same position as we were for June 3rd where we are hoping to defer the hearing to a later date, but are awaiting a call from the applicant to give their consent. In the meantime, we are requesting that the item be noticed with the understanding that we may need to pull it from publication. Also, 1 stated on the notice that staff would be available to meet at 9:30 in Room 108...can you check to see if that room is available at that time prior to publishing the notice and let me know if it is not available? Public H ear-H abig Appeal 060308.doc Thank you, Debbie Sittser Department of Conservation and Development Community Development Division 651 Pine Street, NW5F Martinez, CA 94553 925-335-1210 925-335-1218-direct 925-335-1222-fax dsitt@cd.cccounty.us Debbie Sittser To: June McHuen/COB/CCC@CCC cc: Maureen Parkes/CD/CCC@CCC, rpiet@cd.cccounty.us@CCC, 06/10/2008 09:44 AM jpenn@cob.cccounty.us@CCC,Julie Enea/CAO/CCC@CCC, Catherine Kutsuris@CCC, Dennis Barry@CCC,Bob Subject: Habig Appeal Notification Hi June, I have attached an updated (dates&times only)version of the notification for the appeal of the Habig application (File#MS050030). We are in the same position as we were for June 3rd where we are hoping to defer the hearing to a later date, but are awaiting a call from the applicant to give their consent. In the meantime, we are requesting that the item be noticed with the understanding that we may need to pull it from publication. Also, 1 stated on the.notice that staff would be available to meet at 9:30 in Room 108...can you check to see if that room is available at that time prior to publishing the notice and let me know if it is not available? a.. Public Hear-Habig Appeal 060308.doc Thank you, Debbie Sittser Department of Conservation and Development Community Development Division 651 Pine Street, NWSF Martinez, CA 94553 925-335-1210 925-335-1218-direct 925-335-1222-fax dsitt@cd.cccounty.us s Julie Enea To: Bob Drake/CD/CCC@CCC 05/20/2008 10:33 AM cc: Catherine Kutsuris@CCC, Debbie Sittser/CD/CCC@CCC, Dennis Barry@CCC,jmchu@cob.cccounty.us,jpenn@cob.cccounty.us, Maureen Parkes/CD/CCC@CCC,rpiet@cd.cccounty.us Subject: Re: Urgent!! Safeguard Noticing for Tentatively Scheduled June 2,2008 Board of Supervisors Hearing on Appeal of County Planning Commission Approval of Habig Minor Subdivision[9 Please be aware that the Board plans to cancel its June 10 meeting due to a lack of quorum, so if you cannot proceed on June 10, the earliest you can proceed is on June 17. On June 17,we already have scheduled for the afternoon a Housing Authority meeting and a Health Services workshop, so you will have to notice your item for something like 3 p.m., unless you believe it can be accomplished in less than 60 minutes during the morning session. Julie Bob Drake/CD/C CC TO jmchu@cob.cccounty.us cc Maureen Parkes/CD/CCC@CCC,Debbie Sittser/CD/CCC@CCC,rpiet@cd.cccounty.us@CCC, 05/20/2008 jpenn@cob.cccounty.us@CCC,Julie Enea/CAO/CCC@CCC,Catherine Kutsuris@CCC,Dennis Barry@CCC 10:09 AM Sub Urgent!! ject Safeguard Noticing.for Tentatively Scheduled June 2,2008 Board of Supervisors Hearing on Appeal of County Planning Commission Approval of Habig Minor Subdivision June, We previously arranged to reserve time on the June 3 Board agenda to hear the above captioned item. It is apparent that we are not as far along in completing the staff report as we would like to be for a hearing on this matter. Still, unless we obtain the written consent of the applicant to defer the initial hearing to a later date,the County risks automatic approval of the project as last approved by the County Planning Commission under provisions of the Map Act. I am quite certain.that such automatic approval without a Board hearing would disappoint many Board members. We are in the process of trying to contact the applicant about getting their consent to defer the initial hearing to a later date, and hope to arrange that within the next day. However, as a safeguard to avoid the potential for undesirable automatic approval without any opportunity for a Board hearing, at this time,we would like to proceed with arrangements fora published notice for I ' this appeal to be heard by the Board as presently scheduled on June 2. Attached is a notice for this purpose. I am prepared to follow with additional items for the required mailing notice, if it proves necessary. But as I say, I am hoping that we will shortly get the consent of the applicant to a deferred hearing date and then seek your assistance in pulling the notice for publication before it is published by tomorrow. Please call or email me after receiving this message, and after you have arranged for the published notice. Thanks, Bob Drake Dept. of Conservation and Development X5-1214 MS05-0030 appeal.des.doc