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HomeMy WebLinkAboutMINUTES - 07261988 - T.3 �n TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon, ultra Director of Community Development C=a DATE: June 30, 1988 C0 - SUBJECT: Hearing on :Rezoning Application #2789-RZ, Sam Travale (Applicant and Owner) , to rezone 2.66 acres of land located at the southwest corner of Empire Avenue and Bedford Lane in the Oakely area from General Agricultural District (A-2 ) to Single Family Residential District (R-7) . SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2789-RZ, from General Agricultural District (A-2) to Single Family Residential (R-10) , as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission' s findings as set forth in Resolution No. 35-1988 as the determinations for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same., CONTINUED ON ATTACffiEENT: YES SIGNATURE• ACTION OF BOARD ON July 26, 1988 APPROVED AS RECOMMENDED X OTEER This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, Karl Wandry, Community Development Department advised that it would be appropriate to hear both the request for rezoning by Mr. Travale ( 2789-RZ) and the appeal by the Bedford Lane residents on the subdivision of the property within that zoning (Subdivision 7090) at the same time. Jean Mesick, Community Development Department, described the subject property and commented on the recommendation by the East County Regional Planning Commission to rezone the site to single family residential (R-10) and presented the staff request to approve the rezoning to R-10. Ms. Mesick also described the subdivision for eight single family residential lots (Sub 7090) commenting on the applicants indication that he would increase the lot size so that there would be a minimum of ten thousand square feet for lots three through eight and that lots one and two would be larger than that. She commented on the appeal by Jeff Huffaker indicating that the proposed subdivision was inconsistent with the intent of the General Plan and with existing development. She commented on the Planning Commission' s recommendation for approval of the subdivision. She recommended that the Board uphold the East County Regional Planning Commission' s decision and rezone the property to single family residential R-10, deny the appeal and approve the subdivision for eight lots. The public hearing was opened and the following people appeared to speak: Sam Travale Rt. 1 Box 2561Oakley, applicant and owner, commented on issues including not building or maintaining a median strip on Empire .Avenue, buffering, sewers, the size of the proposed 'homes and the quality of the development. Jeff Huf faker, 1407 A Street, Suite D, Antioch, representing the Bedford Lane Association, commented on the character of the neighborhood in question encompassed by West Cypress Place, Bedford Lane, Gumtree and Tate Lane having developed over the last 18 years into a unique neighborhood living situation providing an alternative lifestyle in Oa_ kley .that is rapidly disappearing and the concern of his clients to try and preserve that alternative lifestyle. He also commented on the position of. the Association that this application should be denied as being inconsistent with the current development within the community and inconsistent with the desire of the residents to have this areddesignated' one unit per acre when the General Plan is reinstituted. He also commented on` a letter he had submitted to Harvey Bragdon, requesting that the question of one unit per acre in this area be referred to the Board so that at the time the General Plan in once again reconsidered and adopted by this Board that this area can be converted to one unit per acre, and that in the letter they were requesting not only that the Board deny the subdivision but that the Board consider adopting an interim zoning ordinance under Section 65858 of the California Government Code which would authorize this Board to deny any application which could potentially be in conflict with- the General Plan which .is currently under consideration. Frank Aiello, 1347 Buchanan Road, Pittsburg, Mr. Travale' s real estate broker, commented on issues including a feasibility study done in the Oakley area, buffering, traffic, and urged approval of the project. William Harvey, 22 -Cypress Place, Oakley, commented on matters including density, sewers and requested that the Board not approve the application. Barbara Mello, Rt.. ,l, Box 224-C, Oakley, resident on. Gumtree, commented on the rural character of the neighborhood and their lifestyle and requested the Board to protect their lifestyle, their right to their farm and their children' s right to have their animals. Virginia Hagar, 4430 Hagar Lane, Oakley, requested rezoning back to one house per acre. Sam Travale spoke in rebuttal. The public hearing was closed. Supervisor Torlakson requested clarification from the staff :on the notification procedure for rezonings and General Plan changes.. Karl Wandry responded to Supervisor Torlakson' s concern relative to the noticing procedure. Supervisor Torlakson moved' approval of the subdivision with an additional condition recommended by Oakley Municipal Area Committee (OMAC) relative to the square footage of the homes being no less than the 2100 square foot standard and the addition of clarifying language on the Empire Road improvements. Supervisor Schroder clarified that the motion was also to deny the appeal. Supervisor Torlakson requested to direct staff. to consider in the General Plan the strongest possible measures to preserve the quality of life in this area and the one acre designation, and further moved to direct staff to implement. as great a measure as possible to preserve the balance of the special quality of the neighborhoods in this area. 2. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, and - 2, 3 and 4 are APPROVED; and as in recommendation 4, Ordinance No. 88-60 is INTRODUCED, reading waived and August 9, 1988 is set for adoption of same; and staff is DIRECTED to implement as great a measure as possible to preserve the balance of the special quality of the neighborhoods in this area. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 1 ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED July 26, 1988 Sam Travale PHIL BATCHELOR, CLERK OF Jeffrey D. Huffaker THE BOARD OF SUPERVISORS County Counsel COUN ADMINISTRATOR Public Works, Assessor BY 144 DEPUTY Building Inspection Oakley Fire Protection District ?1B:plp 3.