Loading...
HomeMy WebLinkAboutMINUTES - 01011979 - R 12 IN 20 Blumer, Marcia Rezoning Application 2310-RZ Walnut Creek Area 1979 STORED: VW)AS IA3 L2EEL #.I._INDEX # MAP #� BOX # —G- Enke, David W. Rezoning Application 2310-RZ Walnut Creek Area 1979 STORED: (�,nl�'el Ll M)U)(._ REEL #_INDEX # MnP # BOX # 000 a3 � o =Z-Z �r � G eek � Lume� �Nk� �,�� ORDINANCE NO. 79-47 Re-Zoning Land in the ZX Walnut Creek Area) The Contra Cost County Board of Supervisors ordains as follows: SECTION I. Page N-16 of the County's 1978 Zoning Map (O d. No. 78- 93) is amended by re oning the land in the above area shown shade on the map(S) attached hereto and inc rporated hergin (see also County Plannin epartment File No. 2310-RZ ) FROM: Land Use District -2 ( General Agricult re ) TO: Land Use District R-4 ( Single Fami Residential ) and the Planning Director shall c nge the Zoni Map accordingly, pursuant to Ordinance Code Sec.84-2.003. A 2 -- ' + A-4 SECTION Il. EFFECTIV DATE. This ordinance become effective 30 days after passage, and within 15 d ys of passage shall be published nee with the names of supervisors voting for nd against it in the , a newspaper published in his County. PASSED on by the following ote: Supervisor Ave No Absent Abstain 1. T. M. Powers ( ) ( ) ( ) ( ) 2. N. C. Fanden ( ) ( ) ( ) ( ) ell- 3. I.Schrode S. ( ) ( ) ( ) ( ) 4. S. HBass. 14 ( ) ( ) ( ) ( ) �( 5. E. H. ass tine ATTEST: J. .Olsson, County Clerk �= ' and ex offi io Clerk of the Board Chairman of the Board By ,Dep. (SEAL) ORDINANCE NO. 79_47 I In the Board of Supervisors of Contra Costa County, State of California April 17 1979 In the Matter of Consideration of Proposed Ordinance No. 79-47. The Board on April 3, 1979 having approved the recommen- dation of the County Planning Commission with respect to the application of David 14. Enke (2310-RZ) that certain land in the Ifalnut Creek should be rezoned, and having fixed this time to consider adoption of a proposed ordinance (No. 79-47) to effect said rezoning; and Supervisor R. I. Schroder having recommended that action on the aforesaid ordinance be withheld pending hearing of a planning matter relating to the Pine Creek area, and having indicated that he will advise the Clerk when to recalendar said ordinance for further Board consideration; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is APPROVED. PASSED by the Board on April 17, 1979. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Supervisor Schroder Supervisors P affixed this 17th da f April 1979 Mr. David W. Enke Y o — Dr. Herbert Blumer Director of Planning J. R. OLSSON, Clerk County Assessor By a�%=J1'._ec�_� Deputy Clerk Jeanne 0. Maglioe 0®01`2:'. H-24 4177 15m r In the Board of Supervisors of Contra Costa County, State of California April 3 19 79 In the Matter of Hearing on the Request of David W. Enke (2310-RZ) to Rezone Land in the Walnut Creek Area. Dr. Herbert and Marcia Blumer, Owners. The Board on March 6, 1979 having fixed this time for hearing on the recommendation of the County Planning Commission with respect to the request of David W. Enke (2310-RZ) to rezone land in the Walnut Creek area from General Agricultural District (A-2) to Single Family Residential District (R-40); and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the request of David W. Enke is APPROVED as recommended by the County Planning Commission. IT IS FURTHER ORDERED that Ordinance No. 79-47 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and April 17, 1979 is set for adoption of same. PASSED by the Board on April 3, 1979. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: David W. Enke affixed this 3rd day of April 19 79 Dr. Herbert and Marcia Blumer Director of Planning 1, R. OLSSON, Clerk County Assessor By ���T:J�h_ lp � Deputy Clerk Diana M. Herman ooc232 H-24 4177 15m PROOF OF PUBLICAN This spac*County Clerk's Filing Stomp (2015.5 C.C.P.) ZMAR.221979 D STATE OF CALIFORNIA aMCounty of Contra Costa �y M1 1 am a citizen of the United States and a resident of the County aforesaid;1 am over the age of eighteen years, and not a party to or interested in the above-entitled matter. Proof of Publication of Notice of Public Hearing Before the I am the Principal Legal Clerk of the Contra Costa Times. Contra Costa County Board of Super- viosrs on a Planning Matter A newspaper of general circulation, printed and pub- _ +:1 lished at 2640 Shadelands Drive in the City of Walnut FlFilti { 4 fAtl►RA'OOS�lr lMf;t Creek,County of Contra Costa,94598 7< wa(nutCtNk�4 •r 1/fljl(.'E 761Mi�b,�r yp�r�fMt•Od: j ter. �.aaF 1979 a[_130,'°,1 And which newspaper has been adjudged a newspaper Man Raom l07 oI tIk Cour i tom',9y�idih�,-wnlr � of general circulation by the Superior Court of the Coun- ty of Contra Costa,State of California,under the date of aiF t�yNili October 22, 1934.Case Number 19764. ' t� The notice,of which the annexed is a printed copy(set in wit/irt the Wii�ca�pN„oMay type not smaller than nonpareil),has been published in wttirCWrHt dComM'Cabtsf 'o1,Ca41am�e.:�rMYr�b''tiMNIMd i►s each regular and entire issue of said newspaper and not f e9 PaP -medi,-0e a�nW�d kt the dlacs d in any supplement thereof on the following dates,to-wit: X Apprapm36 Za9 as =fiayE rapt ort Vie 20, s itlil�ct� at thw�intar::alpi d trnr:Cnrk; rd£iatN llydf Ne.gln th► all in the year of 1979 Sikh 6 I certify(or declare) under penalty of perjury that the � foregoing is true and correct. tsu6aViwrsbt theCeupt�ioifoidrsCasb ' Executed at Walnut Creek,California. XC Gass CT 9894 On this 20 day of March , , 19�. 0!,ChMarch20,1079 Signature East Bay Newspapers,Inc. Contra Costa Times PROOF OF PUBLICATION P.O.Box 5088 Walnut Creek,Ca.94596 (415)935-2525 In the Board of Supervisors of Contra Costa County, State of California March 6 1979 In the Matter of Report of the County Planning Commission on the Request of David W. Enke (2310-RZ) to Rezone Land in the Walnut Creek area. (Marcia Blumer, Owner) The Director of Planning having notified this Board that the County Planning Commission recommends approval of the request of David W. Enke (2310-RZ) to rezone approximately 2.119 acres fronting approximately 651 feet on the northeast side of Pine Creek Road, approximately 1800 feet southeast of the intersection of Pine Creek Road and Castle Rock Road, in the Walnut Creek area, from General Agricultural District (A-2) to Single Family Residential District (R-10); IT IS BY THE BOARD ORDERED that a hearing be held on April 3, 1979 at 1:30 P.M. in the Board Chambers, Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California, and that pursuant to code requirements, the Clerk is DIRECTED to publish notice of same in the CONTRA COSTA TIMES. PASSED by the Board on March 6, 1979. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: David W. Enke Supervisor Dr. Herbert and affixed this 6th day of March 19 79 Marcia Blumer — Director of Planning OLSSON, Clerk By0-4��4 Deputy Clerk o y 0 7a 000231 H-24 4/77 15m The Bocard of Sup.erv"ors Clointra Jam-ys R.01360. CCUMY 0-2.`,and EA Oft,cjo C�ek of 012 803M County Administration Building Costa )+r3.Ge"J2onw Ruts',Ii P.O. Box 911 Martinez, California 94553 County (,!15)372-2371 Tom Powers.Ist Distnct Nancy C.Fanden,2nd District Robert 1.Schroder,3rd Di3trict Sunne Wright McPea%,4th District Eric H.HassArine,5th District Marc h 13, 1979 CONTRA COSTA TIMES P. 0. Box 5088 2640 Shadelands Drive Walnut Creek, California 94596 Gentlemen: Re: Purchase Order 40345 Enclosed is Notice of Public Hearing on request to rezone land (2310-RZ) in the Walnut Creek area, which, -v7e wish you to publish on March 20, 1979 Please sign the enclosed card and return it to this office. IMMEDIATELY upon the expiration of publication, send us an affidavit of publication in order that the Auditor may be authorized to pay your bill. TO BE CHARGED AT T--E Very truly yours, MAXIMUM RATE THE COUNTY MAY PAY FOR LEGAL ADVERTISING SET BY J. R. T SON, CLERK APRIL 21, 1970. By THE BOARD OF SUPERVISORS 0711 Dor_thy C., ass, peputy Clerk 000232 15.4 NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER Walnut Creek AREA NOTICE is hereby given that on Tuesday April 3, 1979 , at 1:30 -171- in Ro-o-m-IV of the County Administration Building, 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: Recommendation of the County Planning Commission on the rezoning application of David W. Enke (2310-R2) to rezone land from General Agricultural District (A-2) to Single Family Residential District (R-40). The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (a more precise description may be examined in the office of Director of Planning, County Administration Building, Martinez, California): Approximately 2.49 acres fronting approximately 651 feet on the northeast side of Pine Creek Road, approximately 1800 feet southeast of the intersection of Pine Creek Road and Castle Rock Road in the Walnut Creek area. By order of the Board of Supervisors of the County of Contra Costa, State of California. Date: March 6, 1979 J. R. OLSSON, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra-Costa, State of California -�" - By 0- 7 - -� D*orohyJCassf Deputy Clerk CM2-32 RECEIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT ' Fps a� �s7s J. R. OLMSON QER��,,,�8,,,,�,AR0 OF SUPERVISORS TO: Board of Supervisors DATE: 21 February 19 -•-%�-`�M .. A co_M Contra Costa County FROM: Anthony A. Dehaesus SUBJECT: REZONING: David W. Enke (Applic) Director of PI Marcia Blumer (Owner), 2310-RZ) - 2.49 acres, i A-2 to R-40, Walnut Creek area. (S.D. III) Attached is Planning Com� ission Resolution No.16-1979, adopted by the County Planning Commission on Tuesday, February 20, 1979, by unanimous vote of the Commission (All Commissioners Present) . This application was reviewed by the County Planning Commission on Tuesday, February 13, 1979, and was approved for change from General Agricultural District (A-2) to Single Family Residential District (R-40) by a vote of 6 AYES - 1 ABSENT (Elton Brom- bacher). The property is described as being approximately 2.49 acres fronting 651-ft., on the northeast side of Pine Creek Road, approximately 1,800-ft., southeast of the intersection of Pine Creek Road and Castle Rock Road, in the Walnut Creek area. The following people should be notified of your Board's hearing date and time: Mr. David W. Enke (Applicant) 131 San Miguel Place San Ramon, California 94583 Dr. Herbert $ Marcia Blumer (Owners) 350 Pine Creek Way Walnut Creek, California 94598 AAD/v cc: File 2310-RZ Dr. Herbert & Marcia Blumer David W. Enke Supervisor, District: I, II, III, IV, V. Attachements: Resolution, Findings Map, Neg. EIR, Staff Report. 00073 Resolution No. 16-1979 RESOLUTION OF THE PLANNING CC".4ISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALI- FORNIA, INCORPORATING FINDINGS AND R.ECO1,MNDATIONS ON THE REQUESTED CHA14GE IN ZONING BY DAVID W. ENKE (APPLICANT), MARCIA BLUMER (OWNER), (2310-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE WALNUT CREEK AREA OF SAID COUNTY. WHEREAS, a request by DAVID W. ENKE (Applicant), MARCIA BLUMER (Owner), (2310 RZ), to rezone approximately 2.49 acres in the Walnut Creek area from General Agricul- tural District (A-2) to Single Family Residential District (R-40), was received by the County Planning Department on November 6, 1978; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on January 15, 1979; and WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the County Planning Commission on Tuesday, February 13, 1979, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning applica- tion of DAVID W. ENKE (Applicant), MARCIA BLUD..iER (Owner), (2310-RZ), be APPROVED as to the change from General Agricultural District (A-2) to Single Family Residential District (R-40), and that this zoning change be made as is indicated on the findings map entitled: PAGE N-16 OF THE COUNTY'S 1978 ZONING MAP, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) Aside from conforming to the General Plan, the proposal would allow residential densities consistent with the surrounding area. There are several one and two acre parcels in the area all of which predate the establishment of the five acre minimum for the A-2 Zoning. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, February 13, 1978, by the following vote: AYES: Commissioners - Compaglia, Anderson, Milano, Young, .0(1,M Resolution No. 16-1979 Phillips, Walton. NOES: Commissioners - None. ABSENT: Commissioners - Elton Brombacher. ABSTAIN: Commissioners - None. I, William V. Walton, III, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, February 20, 1979, and that this resolution was duly and regularly passed and adopted by the following vote of the Planning Commission: AYES: Commissioners - Compaglia, Young, Phillips, Brombacher, bIilano, Anderson, LYalton. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Z46� /// Chairman of the Planning Commission of the County of Contra Costa, State of California ATTEST: L----� Se r to of the anning Commiss" of the �zCoun y o Contra osta, State o California RECEIVED FEB 2 19;9 J. R. CASSON CLERK rm OF a R%isoas -2- 000232 Findings Map { Cr'ILI, ROgD A-4 Rezone Fron -A-2- To Area 11 &I&Tdfv ZZ Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of pg� jai-16 Or' THE" 4f0I1lVTI--!S 1978 ZoAwV > nz4P indicating thereon the decision of the Contra Costa County Planning Commission in the matter of JpAvlo k �cAlff_r7 L"S. 2310 R � r fl airman of the Contra Costa Co y ` Planning Commission, State of Calif. ATTEST t�/Sect toy of theC©ntra Costa aunty Planning Commission, State of Calif. 7-7 .4Nl il.I� l7 ,k .::4h^.M+K.M.;v v'.rit .•*:.. + Completion of Environmental Impact Report XXX Negative Declaration of Environmental Significance i Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) 372-2424 Phone EIR Contact Person Dale Sanders- Contact Person PROJECT DESCRIPTION: DAVID W. ENKE (Applicant) - MARCIA BLUMER ((honer), County File #2310-RZ: The Applicant requests approval to rezone land from General Agricultural District (A-2) to Single Family Residential District, Low Density (R-40). Subject Property is described as follows: Approx. 2.49+ acres fronting; 651+ ft. on the northeast side of Pine Crook Rd., approx. 1800 ft. southeast of the intersection of Pine Creek Rd., and Castle Rock Rd., in the Walnut Creek ares The project will not have a significant effect on the environnnnt. 'Ilse proposal is consistent with existing parcel sizes found in the immediate area., and conforr� with the requirements of the General Plan and Zoning Ordinance. Thee are no sib nificant environmental features, both on-site and off-sito, which would be adver- impacted by this rezoning and minor subdivision. Since the ultimate result woulc' be the construction of a single-family residence in a presently cleared area, tht would be no impacts on creekbed or existing large trees. It is determined from initial study by Bruce Boatman of the XXX Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. i t1The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Wing, Administration Bldg. Pine 4 Escobar Streets Martinez, California f yDate Posted {% ^ Final date for review/appeal By r E� .t__�: ,,. Planning Department. Representative 002_ r Planning Department Contra Costa County CONTRA COSTA COUNTY PLANNING COMISSION MEETING Staff Report and Recommendations February 13, 1979 7:30 p.m. 9• DAVID W. ENKE (Applicant) DR. HERBERT BLUMER (Owner) County File #2310-RZ: I. INTRODUCTION• , This is a request to rezone 2.49 + acres from General Agricultural District (A-2) to Single Family Residential District (R-40), on Pine Creek Road, south of Castle Rock Road. II. GENERAL INFORMATION: A. General Plan Designation: 1963 Land Use Element, Low Density Residential B. Zoning: A-2 - General Agricultural District C. CEQA Status: Negative Declaration D. Concurrent Application: M.S. 245-78 E. Site Description and Existing Land Use: A 2.49+ acre descriptive parcel, with existing single family residence, barn and two sheds. There are several trees on site; Pine Creek is the northwest boundary. F. Surrounding Area: Rural residential and open lands. Some orchards, grazing land. III. STAFF ANALYSIS: A. Compliance with Ordinances/Policies/General Plan: The proposed use (low-density single family residential) conforms to the General Plan. A similar rezoning, 2175-RZ was approved in 1977 for property located 600+ feet west of this parcel. B. General Discussion: Aside from conforming to the General Pl,ui, the proposal would allow residential densities consistent with the surrounding area. There are several one and two acre parcels in the area which predate the estab- lishment of the five acre minimum for A-2 Districts. a 00"222 David 1V. Enke -2- 2310-RZ IV. CONCLUSION: Based on the staff report above, staff recommends that the Planning Commission adopt a resolution recommending approval of the rezoning of 2310-RZ from General Agricultural A-2 to Single Family Residential R-40. BB:plp 1/23/79 s 00023- 2