Agenda

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SD. 3

To:	Board of Supervisors
From:	William Walker, M.D., Health Services Director
Date:	December 15, 2009

Contra

Costa

County

Subject:

Hearing on the Appeal of Denial of Request for Variance

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

John Wiggins, 925-692-2570

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

CONDUCT hearing on the appeal of a decision by the Contra Costa County Health Services Department, Environmental Health Division, to deny a request for variance of the Contra Costa County Health Officer Regulations for well setback requirements and well protection requirements at 18615 Marsh Creek Road, Brentwood. (George S. Arata, Applicant & Owner)

FISCAL IMPACT:

None.

BACKGROUND:

On July 7, 2009 Contra Costa Environmental Health received an application for soil borings (well test holes) for the property located at 18615 Marsh Creek Road, Brentwood. The application was reviewed, and permit approved on July 9, 2009 based on information provided with the application packet.

BACKGROUND: (CONT'D)

On August 14, 2009 Contra Costa Environmental Health received applications to develop two of the soil borings into water wells, and an application for a request for variance of Health Officer Regulations, submitted by George S. Arata Sr., requesting that one well be allowed with a setback of 8 feet from the neighboring property line, and the second well to have an annular seal of less than 50 feet in depth.

Both variance requests were denied on September 4, 2009 and a letter informing the applicant of the decision was sent on October 1, 2009. The reasons for the denial of the variance requests are as follows:

1. The request for the first well to be setback 8 feet from the property line instead of 50 feet, as required by Contra Costa Health Officer Regulations, Section 414-1.220, was denied because the reduced setback would place the well in such close proximity to the neighboring property that the neighboring property owner would be faced with restrictions including, but not limited to, placement of septic systems, water wells, and livestock areas.

2. Section 414-1.222 of the Contra Costa Health Officer Regulations requires water wells to have seals at least 50 feet in depth to prevent contamination from surface sources. The request for both the first and second wells to have annular seals less than 50 feet in depth was denied because a 50 foot seal is possible, and the wells would still achieve estimated production rates which meet the well yield requirements for an individual water system as set forth in Section 414-4.601 of the Ordinance Code of Contra Costa County. In addition, the allowance of a seal less than 50 feet in depth would enable water interchange between aquifers which may result in water degradation in one or more of the aquifers.


On October 28, 2009 the County received a request for an appeal hearing from Mr. George S. Arata for the denial of the variances.

CLERK'S ADDENDUM

Chair Bonilla opened the hearing and called for comment. The following people spoke:

George Arata, Appellant; Ray Lochhead, resident of Brentwood; Verna Kruse, resident of Concord; Brian Kruse, resident of Brentwood; Troy Bristol, Save Mt. Diablo.

Mr. Arata said he did not understand the all of the technical impacts of the requested variance, but did not wish to adversely affect his neighbors property in any way. The Environmental Health Division of Health Services will meet further Mr. Arata to resolve and clarify issues related to a variance for the well. Therefore, The Board:

CONTINUED the open hearing to January 19, 2010 at 9:30 a.m.