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Home My WebLink AboutMINUTES - 07281987 - T.11 r T. i l THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 28, 1987, by the following vote: AYES: See Below NOES: ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Hearing on Application to Rezone Land ( 2710-RZ) and Development Plan 3010-87 Filed by Bellecci and Associates and Country Investors in the Oakley Area and Appeal of Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra Club on Subdivision 6924 in the Oakley Area. The Board of Supervisors on June 23 , 1987, deferred to this date decision on the recommendation of the East County Regional Planning Commission on rezoning application 2710-RZ to rezone 21. 2 acres of land located on the west side of O'Hara Road, 850 feet south of the intersection of Laurel Road and O'Hara Avenue from General Agriculture (A-2) to Planned Unit District (P-1) and Development Plan 3010-87 to construct 107 residences filed by Bellecci and Associates (applicants) and Country Investors (owners) and on the appeal of the Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra Club on Subdivision 6924 in the Oakley area. Jean Mesick, Community Development Department, presented the supplemental staff report on concerns expressed by the Supervisors at the June 23, 1987 hearing, including growth management, concern about will-serve letter submission, the Highway 4 capacity issue, and buffering, transportation systems management and childcare facilities issues, park dedication fees and police services assessment district. Ms. Mesick gave the staff recommendation to approve the rezoning with the additional conditions in the supplemental staff report and deny the appeal by Mt. Diablo Audubon Society and the Sierra Club and approve Subdivision 6924 with the conditions recommended and attach the conditions to the rezoning rather than the subdivision. Chairman McPeak commented that although the hearing had been closed on June 23 , 1987, she noted the presence of people who had spoken last week and asked the Board whether they wished to hear from them. Supervisor Torlakson commented that he would if they presented new information that had not been presented at the previous hearing. Mark Evanoff spoke on the number of units pending in the area and the availability of water supply for the Oakley area and adequate park lands for the Oakley area as addressed in the Oakley General Plan; Supervisor Torlakson responded on the issues of the park dedication fee and the water supply and traffic. The Board discussed the park dedication fee, and the types of parks in the area. Kent Fickett, Mt. Diablo Audubon Society, 3969 Peardale, Lafayette, commented on various issues including consolidation of park dedication, growth management, transportation plans, traffic, and haphazard planning in the County, funding for parks and public service costs; Mr. Fickett recommended upholding the appeal and consolidation of hearings on the items he mentioned. The Board discussed the matter. Supervisor Torlakson moved to approve the plan with conditions outlined by staff and the conditions he presented, one and two, 1 1 related to the police issue and the park dedication fee. Supervisor Fanden seconded the motion. Supervisor Schroder objected to the condition on police services assessment district. Supervisor McPeak requested that the condition number three on the Highway 4 issue be added to the motion. Supervisor Torlakson incorporated condition number three into the main motion. Supervisor McPeak seconded the amended motion. The vote on the amended motion is as follows: Ayes: Supervisors Torlakson and McPeak Noes: Supervisors Powers, Fanden and Schroder Absent: None Abstain: None The amended motion failed. Supervisor Torlakson moved approval of the project with the conditions staff outlined including childcare and Supervisor Torlakson' s conditions one and two. Supervisor Fanden seconded the motion. Harvey Bragdon, Community Development Director, requested that the motion include if adopted the declaration of the Board' s intent and direction to staff to prepare the necessary findings. Supervisor Torlakson incorporated that request into the motion. The vote on the motion is as follows: Ayes: Supervisors Fanden and Torlakson Noes: Supervisors Powers, Schroder and McPeak Absent: None Abstain: None The motion failed. Supervisor Schroder moved to approve the subdivision with the recommendations brought out by staff and Supervisor Torlakson' s condition number one. Supervisor Fanden seconded the motion. The vote on the motion is as follows: Ayes: Supervisors Fanden and Schroder Noes: Supervisors Powers, Torlakson and McPeak Absent: None Abstain: None The motion failed. The Board further discussed the issues. Supervisor Powers expressed his concerns with the project, including the water issue and the park planning issue. Supervisor Fanden read condition number three and commented on meeting with the cities and coming to an agreement about imposing this condition on all development in the area. Supervisor Torlakson moved to refer the issues that were raised today including, specifically, Supervisor Powers ' concerns on the water supply and park issues to staff for further response and further review by County Counsel and Community Development Department, Trans- portation Planning Division, on the road condition issue. The vote on the motion is as follows: Ayes: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak Noes: None 2 A Absent: None Abstain: None Therefore, IT IS BY THE BOARD ORDERED that the decision on the applications 2710-RZ and Development Plan 3010-87 filed by Bellecci and Associates and Country Investors, Oakley area, and the appeal filed by the Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra Club on the request by Bellecci and Associates and Country Investors for approval of a Tentative Map for Subdivision 6924 is DEFERRED to August 11, 1987; and the Director of Community Development is REQUESTED to report on the water supply and park issues for the project; and County Counsel and Community Development Transportation Planning is REQUESTED to review and report on the road issue. Supervisor Torlakson moved to direct the staff to prepare the three conditions he proposed as conditions of approval to be considered by East County Planning Commission on future project proposals in the Oakley area. The vote on the motion is as follows: Ayes: Supervisors Powers, Fanden, Torlakson and McPeak Noes: Supervisor Schroder Absent: None Abstain: None Therefore, IT IS BY THE BOARD ORDERED that the Community Development Department is DIRECTED to present to the East County REgional Planning Commission for their consideration for all future projects the three conditions proposed by Supervisor Torlakson on park dedication fees, police services and financing of Highway 4 widening. 1 hereby certify that this Is a true and correctcopy od an ninfor. laken rind erste-red on !hc, m1nutes of the Board of SuaerVISO on lite date zhown. ATTESTED: PHIL Ba HU , Clerk of the Board of Supervisors and County Administrator 0 By , Deputy Orig. Dept. : Clerk of the Board cc: Community Development Department County Counsel County Administrator 3