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HomeMy WebLinkAboutMINUTES - 01011979 - R 12 IN 23 Morrell, Richard J. Rezoning Application 2323-RZ West Pittsburg Area 1979 d moi MAkC.16 -7 q -g� STORED: A (A REEL #,!_INDEX # MAP # BOX # 00023S "Cc.. DeBolt Civil Engineering Rezoning Application 2323-RZ West Pittsburg Area 1979 DROIAj"C y.ri-Vq STORED:C48-@A a -42(, REEL #_j o2 INDEX # MAP # Box # Ob0 a3SU,:, 1007 tic 2 3 0 0 02- r James R.Olson The Board o-f Sup.— ors COnTa i coun:y C!-3.•a.d Ex Ctheuo cte.%of t:.e Be- County Administration Building Costa Mrs.Geratdfne Rvsss:l P.O. Box 911 {� ' cmef c+s•x Martinez, California 9553 J �jount\1 - (415)372-2371 2-2371 Tom Powers,Is,District Nancy C.Fanden,2nd District Robert 1.Schroder,3rd District , A, Sunne Wright McPeak,4th District Eric N.Haaseltine,5th District August 9, 1979 Contra Costa Times P. 0. Eo-,.: 00381 2640 Shadelands Drive Walnut Cree.'c, CA 94598 Gentlemen: Re: Purchase Order 48555 Enclosed is Ordinance No. 79-004, (Re-Zoning Land in the [Fest Pittsburg Area) , 2323-RZ which we wish you to publish on August 17, 1979 Please sign the enclosed card and return it to this office. IMi1EDIATELY 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 the Very truly yours, riaaimum rate t.ie County J. R. OLSSO LERK may pay for Legal advertising set by the f Board on Apr. 21, 1970. By �'�U./ Glo, is ?:. 1 alono, Deputy Clerk i 15.4 x IW 7il1� . 1 ORDINANCE NO. 79-84 Re-Zoning Land in the West Pittsburg Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION 1. Page E-18 of the County's 1978 Zoning Map (Ord. No. 78- 93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also County Planning Department File No. 2323-RZ ) FROM: Land Use District R-B, R-6 ( Retail Business, Single Family Residential) TO: Land Use.Distriet R-B, D-1 ( Retail Business, Two Family Residential) and the Planning Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84-2.003. Hrt M-17 Li _ ra�°r qu ray° �.r�r V- _--- ; SUCTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times .a newspaper published in this County. PASSED on August 7. 1979 by the following vote: Supervisor Amite No Absent Abstain 1. T. M. POINUS (X) ( ) ( ) ( ) 2. N. C. Fanden (x) ( ) ( ) ( ) 3. R.1.Schrodnr (x) { ) ( } ( ) 4. S. W. McPeak (x) ( ) ( ) ( ) 5. E. H. Hasseltine (Y) ATTEST: J. It. Olsson, County Clerk and f' Cl�theChairman of the Board E•H.Hasseltine B ep. (SEAL) G oria M. Palomo OR NO. 79-84 In the Board of Supervisors of Contra Costa County, State of California July 24 , 197,9, In the Matter of Hearing on the Request of DeBolt Civil Engineering (2323-RZ) to Rezone Land in the West Pittsburg Area. Richard J. Morrell, Owner. The Board on June 26, 1979 having fixed this time for hearing on the recommendation of the County Planning Commission with respect to the request of DeBolt Civil Engineering (2323-RZ) to rezone land in the West Pittsburg area from Retail Business District (R-B) and Single Family Residential District (R-6) to Retail Business District (R-B) and Two Family Residential District (D-1); and No-one having appeared in opposition; and 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 DeBolt Civil Engineering is APPROVED as recommended by the County Planning Commission. IT IS FURTHER ORDERED that Ordinance Number 79-84 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and August 7, 1979 is set for adoption of same. PASSED by the Board on July 24, 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 cc: Richard J. Morrell Supervisors DeBolt Civil Engineering affixed this 24thday of July 19 79 Director of Planning County Assessor �" LSSON, Clerk By on a a Deputy Clerk H-24 3179 15M PROOF OF PUBLICAC,N This spa*for County Clerk's Filing Stamp 12015.5 C.C.P.) FILED JUL /7-1979 STATE OF CALIFORNIA .R. O(_SSON c 0 O su"likmons County of Contra Costa 4y cW47 cc - c Tje�a;y I am a citizen of the United States and a resident of the County aforesaid;I 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_ Hearirii; am the Principal Legal Clerk of the Contra Costa Times. =f NOTICEOFPusuG " -HEARI46EFORETHE A newspaper of general circulation, printed and pub- lished at 2640 Shadelands Drive in the City of Walnut . tItITICE is ftioaby "that on Creek,Countyof Contra Costa,94598 Tuada7 3uy 10 1479 �� I pall n�pan'lt)7 at ntjr �t. Se_CdT1!►of l�+e andgsco0r S1nMs;Meetwroz;' CeMorn�tfr Coniq Costa Cnunty,: And which newspaper has been adjudged a newspaper Board of.SYpMv�sad hots a pubpc+wariq�:to�anfi0s;Z fd of general circulation by the Superior Court of the Coun- ty of Contra Costa,State of California,under the date of -cKiva iW 01elkC E ;c?�3;$�ktomtoneland', Ra•- tiff t9ustrrsti tSstrkt(R ', October 22, 1934.Case Number 19764. e}and sinakttRay.. .tetuw►Husin�ss OptTfetl�J a��. 'fwo rtdhrtt.�a.ntut.t�trwt,sa;. The notice,of which the annexed is a printed copy(set in r.'..Tlklacatbn'ofthrsu0t Widis; wNMn the unfncapor+q�IklpAWry` .ottheCaunfyoiCDn4scouf SgAa type not smaller than nonpareil),has been published in ofCaiMxrtis;gerwralyysr. t~' (80-F4,a 'i 00 each regular and entire issue of said newspaper and not nw,�awinlo tp'- a(1}ce 9Dk�etar of,F '.County Ad�: :-trifMslrstionBwldMy tdsMme#' in any supplement thereof on the following dates,to-wit: tix 294 agijs front:. i 25t hd on th►}oJt11'arN of; Wipavi Pasi'Road sppoMunoMy July 9 1501, easi of loRbs Ro�(7 P.°ci�andscM tt+e 8oar�ot•Su'ItMio�r t of Ca�cosa.; all in the year of 1929— j R'OLSSpM r I certify (or declare) under penalty of perjury that the ex arttu. G 8oi►dol S�panirars of tlie' foregoing is true and correct. t' Executed at Walnut Creek,California. �Pot�'ish 1uyr9,1979 s On this 9—day of JL1I3r T4. r Sign East Bay Newspapers,Inc. Contra Costa Times PROOF OF PUBLICATION P.O.Box 5088 Walnut Creek,Ca.94596 (415)935-2525 0 0 In the Board of Supervisors of Contra Costa County, State of California June 26 , 11979 In the Matter of Report of the County Planning Commission on the Application of DeBolt Civil Engineering (2323-RZ) to Rezone Land in the West Pittsburg Area. Richard J. Morrell, Owner. The Director of Planning having notified this Board that the County Planning Commission recommends approval of the request of DeBolt Civil Engineering (2323-RZ) to rezone approximately 2.94 acres fronting 267 feet on the south side of Willow Pass Road, some 150 feet east of Loftus Road, in the West Pittsburg area from Retail Business District (R-B) and Single Family Residential District (R-6) to Retail Business District (R-B) and Two Family Residential District (D-1); IT IS BY THE BOARD ORDERED that a hearing be held on July 24, 1979 at 2:00 P.M. in the Board Chambers, Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California 94553, and that pursuant to code requirements, the Clerk is DIRECTED to publish notice of same, PASSED by the Board on June 26, 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 an the date aforesaid. Witness my hand and the Seal of the Board of CC: Richard J. Morrell Supervisors DeBolt Civil Engineering affixed this26th day of June 19 79 Director of Planning R. OLSSON, Clerk By ,� Deputy Clerk Do othy Gass (/ (0C+,� H-24 3/79 15M i • NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER West Pittsburg AREA NOTICE is hereby given that on Tuesday Jul 24 1979 , at 2.00M in Room 7 o 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 application of DeBolt Civil Engineering (2323-RZ) to rezone land from Retail Business District (R-B) and Single Family Residential District (R-6) to Retail Business District (R-B) and Two Family Residential District (D-1). 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 2.94 acres fronting 267 feet on the south side of Willow Pass Road, approximately 150 feet east of Loftus Road, in the West Pittsburg area. By order of the Board of Supervisors of the County of Contra Costa, State of California. Date: June 26, 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 Dorpthy C Gass, ' Deputy Clerk 006235 r�{y /] James R.Olsson The Board of Supervors Contra County Clerk and . Ex Officio Clerk of t`e an— Costa Mrs.Geraidl"Russell County Administration Building Chief clerk P.O. Box 911 County (415)372-237t Martinez, California 94553 Tom Powen,1st District Nancy C.Fanden,2nd District Robert 1.Schroder,3rd District Sunne Wright MCPeak,4th District Eric H.Hassaltine.5th District June 27, 1979 CONTRA COSTA TIMES P. 0, Box 8088 Walnut Creek, California 94596 Gentlemen: Re: Purchase Order 46117 Enclosed is Notice of Hearing on request of DeBolt Civil Engineering (2323-PZ) to rezone land in the West Pittsburg area which we wish you to publish on July -9, 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. Very truly yours, TO BE CHARGED AT THE MAXIMUM J. R. OLSSON, CLERK RATE THE COUNTY MAY PAY FOR LEGAL ADVERTISING SET BY THE BOARD OF SUPERVISORS ON APRIL 21, 1970. By Ki ' ��� Dorothy C. Gass, r/Deputy Clerk 15.4 006235 ���-�f, l X99 ,`��-_• ��:u' , � •117 RECEIVED �o CONTRA COSTA COUNTY PLANNING DEPARTMENT JUS ` 1979 9-79 J. R. OLSSON CLER BOARD OF SUPERVISORS CONT C STA CO. TO: Board of Supervisors DATE: 15 June 1979 B - ¢ .DePOY Contra Costa County FROM: Anthony A. DSUBJECT: REZONING - DeBolt Civil Engineer- Director ofehaesus Pl ing (Applicant) - Richard J. Morrell (Owner) (2323-RZ) - West Pittsburg Area (S.D. V) Attached is Planning Commaion esolution No. 37-1979, adopted by the County Plann- ing Commission on Tuesday, June 12, 1979, by a vote of 5 AYES - 2 ABSENT (Young 6 Phillips). This application was reviewed at Public Hearing by the County Planning ConTrission on Tuesday, June 5, 1979, and was approved at that meeting for change from Retail Busin- ess (R-B) and Single Family Residential District (R-6) to Retail Business (R-B) and Two Family Residential District (D-1), by unanimous vote of the Commission (All Members Present). The property is described as being approximately 2.94 acres fronting on the south side of Willow Pass Road, some 250-feet east of Loftus Road in the West Pittsburg area. (Parcels 0095-130-23 & 21) The following people should be notified of your Board's hearing date and time: Richard J. Morrell (Owner) 1225 David Avenue Concord, California 94518 De Bolt Civil Engineering (Applicant) 401 South Hartz Avenue Danville, California 94526 AAD/v cc: Richard J. Morrell DeBolt Civil Engineering Supervisors, District: I, II, III, IV, V. Attachments: Resolution, Findings Map, Neg.EIR, Staff Report o06raa�3 Resolution No. 37-1979 RESOLUTION OF THE PLANNING CObMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIF- ORNIA, INCORPORATING FINDINGS AMID RECOIMMNDATIONS ON THE REQUESTED CHANGE IN ZONING BY DE BOLT CIVIL ENGINEERING (APPLICANT), RICHARD J. MORRELL (OWNER), (2323-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE NEST PITTSBURG AREA OF SAID COUNTY. WHEREAS, a request by DE BOLT CIVIL ENGINEERING (Applicants), RICHARD J. MORRELL (Owner), (2323-RZ), to rezone approximately 2.94 acres in the West Pitts- burg area from Retail Business District (R-B) and Single Family Residential District (R-6) to Retail Business District (R-B) and Two Family Residential District (D-1), was received by the County Planning Department on February 16, 1978; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this project on March 23, 1979; and WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the County Planning Commission on Tuesday, June 5, 1979, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully revieired, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning request of DE BOLT ENGINEERING (Applicant), RICHARD J. MORRELL (Owner), (2323-RZ), be APPROVED as to the change from Retail Business District (R-B) and Single Family Residential District (R-6) to Retail Business (R-B) and Two Family Residential District (D-1), and that these zoning changes be made as is indicated on findings map entitled: PAGE E-18, OF THE COUNTY'S 1978 ZONING !NAP, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the area encompassing Lots #1 through #10 of Subdivision #5295 will remain Retail Business (R-B). The area encompassing Lots #2 through #9 to be rezoned from R-6 single family residential to Two Family Resi- dential District (D-1), except the area zoned R-B within Lots #2 and #9 of Subdivis- ion #5295, to be rezoned to D-1, Duplex; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) The requested zoning conforms with the General Plan and is compatible with the surrounding uses. Since only the school site to the south remains as undeveloped adjoining land, use of duplexes here is not inducive to more of the same. 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 00002 3'r Resolution No. 37-1979 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 County Planning Commission on Tuesday, June 5, 1979, by the following vote: AYES: Commissioners -Milano, Compaglia, Anderson, Young, Phillips, Brombacher, Walton. NOES: Commissioners - None. ABSENT: Commissioners - None. 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, June 12, 1979, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Milano, Anderson, Compaglia, Brombaeher, Walton. NOES: Commissioners - None. ABSENT: Commissioners - Young, Phillips. ABSTAIN: Commissioners - None. �` GLV v" Chairman of the Planning Commission of the County of Contra Costa, State of California ATTEST: rr RECEIVED Secr y f the 1 g Commis on of the C ty of ontra C'sta, State California JUN 1979 J. R. OLSSON CLERK BOARD OF SUPERVISORS CONT C STA CO. Deputy B. —•—•- -2- 000 Findings Map 1-= Hr1 M-17 R-B w'LLO. PGIs gOaD s.rrr� i It -- R-6 _ a R-19 R-8 Rezone From R—b To D-1 PITTSBURts Area I.WILLIM,V-WALTpN A Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of PAGE E— 18 OF "t WUNTYa.6 1978 7-oNIN6 ~P. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of DEB*L-r 6V11. F_hC IMFEPA" 2323—Rz , Chairman of the Contra Costa County Planning Commission, State of Calif. ATTEST Setar of the ontra Costa County la ning Commission, State'of Calif. CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF ❑ Completion of Environmental Impact Report [X Negative Declaration of Environmental Significance CONTRA COSTA COUNTY PLANNING DEPARTMENT P.O. Box 951 Martinez, California 94553 Telephone: (415)372-2091 Contact Person Karin Beckmann Project Description and Location: DEBOLT CIVIL ENGINEERING (APPLICANT) - RICHARD J. MORRELL (0WNER), County File 42323-RZ: The applicant requests approval to rezone land from Retail Business (R-B) and Single Family Residential (R-6) to Retail Business (R-B) and Two-Family Residential District (D-1). Subject property fronts 267 feet on the south side of Willow Pass Road, some 250 feet east of Loftus Road, in the Nest Pittsburg area. (CT 3141) The Project Will Not Have A Significant Effect On The Environment The project will add a maximum of 16 families and one small retail business to the area. This is infilling. All nearby land is developed, except for a still vacant elementary school site to the south. The latter is owned by the Pittsburg Unified School District and at this time the district has not decided its ultimate use. If this site were to be sold to a developer an additional 50 to 60 homes could result. There appears to be no need for an EIR. ❑ Justification for Negative Declaration is attached. ❑ The Environmental Impact Report is available for review at the address below: Contra Costa County Planning Department 4th Floor, North Wing, Administration Building Pine& Escobar Streets Martinez, California Review Period for Environmental Impact Report or Negative Declaration: thru C X235 By AP 9 R3/79 Planning Department Representative • �1 Contra Co:.ta County Planning Deportmeni. CONTRA COSTA COUNTY PLANNING COMMISSION Tuesday I. RICHARD MORRELL & RUSSELL G. COMSTOCK (Applicants & Owners) County File #2323-RZ The applicants request to rezone approximately 2.94 acres from Retail Business (R-B) and Single Family Residential (R-6) to Retail Business (R-B) and Two Family Residential District (D-1). Subject property fronts 267 feet on the south side of Willow Pass Road, some 150 feet east of Loftus Road, in the West Pittsburg area. (CT 3141) II. GENERAL INFORMATION A. Present Zoning: Retail Business (R-B) and Single Family Residential (R-6). B. Requested Zoning: Retail Business (R-B) and Two Family Residential (D-1). C. General Plan Designation: Single Family Residential - High Density. D. Present Land Use: Vacant, except for "Shortstop" Market in northwesterly corner. E. Proposed Land Use: Two lots retail business (including existing) and eight lots duplex.. F. Surrounding Land Use: Mostly high density single family residential. Commercial strip along Willow Pass Road continuous to the west of site. G. EIR Status: Negative Declaration. H. Concurrent Application: Subdivision 5295. III. BACKGROUND This application was first submitted on February 16, 1978. It was revised and resubmitted on February 5, 1979. IV. DISCUSSION A. Nature of Request: The owners wish to create eight duplex .lots, in addi- tion to two retail business lots. The General Plan and the existing zoning suggest R-6 type single family homes here and duplexes would have been permitted in that zone, subject to issuance of a Land Use Permit. However, rezoning to the D-1 district is preferred to encourage larger and fewer lots and a more orderly development. 0i i F.rLv. 2323-RU Movrell & Cums'Cock Page Two 13. Surroundi.nf,, Land Use: The subject property is located behind small retail business and adjoining a yet unbuilt elementary school site. The homes along Loftus Avenue are on small sites and of .individualistic character. The homes of the subdivision to the east are hidden behind a high wall. C. Conclusion: The requested rezoning conforms to the General Plan and is compatible to surrounding uses. Since only the school site to the south remains as undeveloped adjoining land, use of duplexes here is not inducive of more of same. V. RECOMMENDATION Adopt a resolution recommending that the Board of Supervisors rezone the land in 2323-RZ from R-B and R-6 to R-B and D-1. KB:jyl 5/8/79 �Vti.ie,,,raY j A Findings Map L H-1 Aft-1? R'P. U s 9'S.l'3N P454 903P ��•��� 1 - � t t Rezone From.R-E► To Q-1 PtTTSBVRca Area 1,Wq.Lljkm V-WALTarJ �+ Chairman of the Contra.Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of PA(,E 18 8F Toe couNYYtS 1978 ZONIH& MAP- indicating thereon the decision of he Contra Costa County Planning Commission in the matter of DeBOUX l- yi . E HGInSFJU"6 2323-RZ Chairman of the Contra Costa County Planning Commission, State of Calif. ATTEST: Secretory of the Contra Costa County Planning Commission, State of Calif, y r - Findings Map H'1 E M-1 • u R-5 .'lltl'1 Pats 9060 fwi e -�. R-6 - 1 Rezone From R-6 To D-1 P+TT5BURCs Area I,W1 t1.L1Am V-WALTON A Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of PAGE E-18 OP Vot r—OVNTY�S 1978 .'rune. ~P. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of No GIL F—NGINED~WNG 2323-RZ Chairman of the Contra Costa County Planning Commission, State of Calif. ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calif. 000235