HomeMy WebLinkAboutMINUTES - 09241991 - 1.61 A y
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, s Contra
Director of Community Development
a
DATE: September 19, 1991 Courly
SUBJECT:
Status of Reliez Valley Highlands Project: Davidon Homes Rezoning
2802-RZ, Development Plan 3029-88, SUB 7151
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Accept the report of the Director of Community Development on the
status of the Reliez Valley Highlands project.
FISCAL IMPACT
None
BACKGROUND
The Davidon Homes Reliez Valley Highlands Rezoning, etc. , located
west of Reliez Valley Road at Hidden Pond Road, is before the
Planning Commission, Tuesday September 24, 1991.
Previous MS 37-88, separating the area of the Ridge/Hillside site
of Davidon Homes was approved by the Board June 8, 1989, with a
condition that a land use permit be filed (not obtained) to
reestablish the cemetery on the reduced area.
Land use permit 2097-89, of Oakmont Cemetery, filed September 12 ,
1989, satisfied the condition for filing required by MS 37-88 for
which the parcel map was recorded December 19, 1989.
Land use permit 2097-89, subsequently determined incomplete, was
held in abeyance until additional plans were recently received and
CEQA review began. A notice of preparation for Negative
Declaration was made June 19, 1991, and is now being reconsidered
for an EIR based upon responses from people of the area. Oakmont
Cemetery indicates they intend to reduce proposed cemetery
expansion to the area of the existing cemetery for the next 20+
years, minimizing the need for preparation of an EIR. No CEQA
determination has been made to date, pending revision to reduce
scope of land use permit 2097-89.
CONTINUED ON ATTACHMENT: YES SIGNAT
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO DATION 1OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S 1: y �/
ACTION OF BOARD ON —September 24, 1991 APPROVED AS RECOMMENDED IX OTHER X
IT IS BY THE BOARD ORDERED that the report as recommended above is ACCEPTED; and
the report of County Counsel (attached) on the above matter is ACCEPTED.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTESIOF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED September
24, 1991
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPER ISORS AND COUINTY ADMINISTRATOR
M382,'7-83 BY _DEPUTY
In the pending application of Davidon Homes before the Planning
Commission the Tuesday September 24, 1991, Staff is recommending
that the rezoning and development plans be denied or that the
project be redesigned with reduced density to better relate to the
Ridge/Hillside site, the character and density of the surrounding
area, the objectives and findings of the P-1 Zoning, and to
incorporate the mitigation measures recommended by the EIR. The
staff report indicates that the Oakmont Cemetery land use permit
2097-89, could be resolved prior to the action for the
Davidon project.
1tr15-3029-88.db
61
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Dace: September 20, 1991
To: Board of Supervisors
From: Victor J . Westman County Counse- l
Re: Reliez Valley Highlands Project ( 2802-RZ, 3025-88 & Subd. 7151 )
and Oakmont Cemetery LUP 2097-89
SUMMARY: It is not required as a matter of law that the existing
Oakmont Cemetery land use permits (Nos . 432-55 & 4-58 ) be first
amended by pending LUP application 2097-89 before decisions can be
made on the Reliez Valley Highlands Project applications . But, at
its discretion, the Board of Supervisors could direct concurrent
scheduling and consideration of the Reliez Valley Highlands Project
applications and pending LUP application 2097-89 .
DISCUSSION: In 1989 the Board of Supervisors approved the
proposed tentative map for Minor Subdivision 37-88 which covered a
271 acre parcel described as the Oakmont Cemetery lands . Earlier
LUPs 432-55 and 4-58 had been issued authorizing cemetery use of
these lands . Parcel A of MS 37-88 is an approximately 70 acre parcel
which is now proposed by Davidon Homes for its Reliez Valley
Highlands residential project. Parcel B of MS 37-88 is an
approximately 171 acre parcel containing the portion of the Oakmont
lands now devoted to (or to be used for) cemetery uses . As a
condition of approval for MS 37-88 , it was ordered that prior to the
filing and recordation of its parcel map an application must be filed
for a new LUP to modify and re-establish the cemetery uses on the
reduced area (Parcel B) of the original 271 acre Oakmont parcel . An
application for that required land use permit was filed as LUP 2097-
89 in the fall of 1989 . On December 19 , 1989 the parcel map for MS
37-88 was filed and recorded.
Concern has been expressed whether the County' s planning agency
(the Planning Commission and the Board of Supervisors ) can make
recommendations and final decisions on the pending applications
( 2802-RZ , 3025-88 & Subd. 7151 ) for the proposed Reliez Valley
Highlands Project (Parcel A) prior to a decision being made on
pending LUP application 2097-89 (Parcel B) . In this office' s view
there is nothing that (as a matter of law) prevents final decisions
being made on the Reliez Valley Highlands Project (Parcel A) prior to
Board of Supervisors -2- September 20, 1991
any resolution of pending LUP 2097 - 89 (Parcel B) . The Reliez
Valley Highlands Project applications involve Parcel A of MS 37-88
and not its Parcel B which is the subject of pending LUP 209789 . Of
course, at its discretion, the Board of Supervisors could direct
concurrent scheduling and consideration of the Reliez Valley
Highlands Project and pending LUP application 2097-89 .
Finally, two earlier opinions ( 1-13-71 and 11-7-88 ) of this
office concluded that portions of the Oakmont cemetery property not
being devoted to cemetery use or required for it could be subdivided
and used for residential purposes without first obtaining a land use
permit amendment. But in those opinions, this office did note that
such subdivision activity might require a modification of the
existing cemetery permits for the remaining land or lands being
devoted to active cemetery use because of the removal of the
subdivided portion( s ) for residential use. It is not clear in the
materials provided to this office whether that is the situation in
connection with pending LUP 2097-89 .
VJW:DF
cc: Harvey Bragdon, Community Development Department
Attn: Dennis Barry & Byron Turner