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Home My WebLink AboutMINUTES - 08051997 - D5 •-" Contra .� Costa BOARD OF SUPERVISORS c: "'' , " T0: � .. �� County • v� FROM: HARVEY E. BRAGDON •�•.,, •c3' DIRECTOR OF COMMUNITY DEVELOPMENT �Sra'C-j" DATE: July 21, 1997 SUBJECT: August 5, 1997 Hearing on the Recommendation of , the San Ramon Valley Regional Planning Commission regarding a proposal to rezone approximately 2 . 9 acres from General Agricultural, A-2, to Single Family Residential, R-65, in the Alamo area. County File #RZ963044 (Raymond - Applicant & Owner) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Option A below. OPTIONS Option A - (R-100 zoning as recommended by the SRVRPC) 1 . Adopt a Negative Declaration on this proposal for purposes of compliance with the California. Environmental Quality Act . 2 . Rezone the approximate 2 . 9 acre site from General Agricultural, A-2, to Single Family Residential, R-100 . 3 . Introduce the ordinance giving effect to the rezoning decision; waive reading and set date for adoption of same . Option B - (R-65 zoning as requested by the Applicant) Take same actions as specified in Option A except allow for the rezoning to the Single Family Residential, R-65 district instead of the recommended R-100 district as specified in Item #2 . FISCAL IMPACT None. All processing costs to be paid for by the Applicant. CONTINUED ON ATTACHMENT: X— YES SIGNATURE-b, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON August 5 , 1997 APPROVED AS RECOMMENDED OTHER X See the attached Addendum for Board action . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT II 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. Contact : Bob Drake (335-1214) Orig: Community Development Department ATTESTED August 5 , 1997 CC: Robert & Joanne Raymond PHIL BATCHELOR, CLERK OF Gagen, McCoy, McMahon & Armstrong THE BjOARD OF SUPERVISORS Alamo Improvement Association AND Y ADMINISTRATOR Public Works Dept . - Eng. Services Div. BY DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS The relevant zoning administration background of the current application pre-date the submittal of the current rezoning application. Prior Minor Subdivision Application (File #MS 104-89) In 1989, the applicant filed a minor subdivision application to subdivide the 2 . 9 acre creekside property in Alamo into three parcels . The site is designated Single Family Residential - Very Low density on the general plan (0 .2 to 0 . 9 units per net acre). While the property is zoned General Agricultural (5-acre minimum parcel size) , no rezoning application was filed at that time. Early on, the Alamo Improvement Association had expressed concern about the feasibility of additional development in a riparian setting and soil stability conditions on this site. In 1990, after conducting a hearing, the Zoning Administrator approved the project for two parcels only. Furthermore, no variances were granted, but the approval was conditioned on the applicant obtaining a rezoning of the site to a conforming zoning district, the R-65 district (minimum parcel size of 65, 000 square feet or approximately 1 .5 acres) , and the Zoning Administrator authorized an exception to the creek structure setback requirement . The Zoning Administrator' s approval was appealed by the Alamo Improvement Association to the San Ramon Valley Regional Planning Commission. After attempting without success to resolve issues between the applicant and AIA, the Commission was unable to make a majority vote on the appeal, and referred the matter to the Board of Supervisors . In June, 1991, the Board of Supervisors ultimately denied the appeal of AIA, and sustained the Zoning Administrator' s approval with modifications to allow a 20-foot structure setback from the centerline of the creek which was acceptable to the Public Works Department . The approval also requires that scenic easements (i .e. , grant deeds of development rights) be conveyed for the non- building site areas (e.g. , hillside areas) . It is staff' s understanding that the applicant has satisfied all of the requirements for qualifying for a parcel map except the requirement that the property be rezoned to the R-65 district (COA #10 . On May 17, 1997, the Zoning Administrator administratively authorized an extension of the filing period for recording a parcel map to June 25, 2000 . Current RezoningApplication Last year, the Raymonds filed a rezoning application, File #RZ963044, to comply with the requirement that the property be rezoned to R-65 . Copies of the application were referred to potentially interested agencies including the Alamo Improvement Association (AIA) . The Association indicated that it opposes the rezoning application as it did the subdivision application. The rezoning application was heard by the San Ramon Valley Regional Planning Commission on March 19, 1997 . At that time, staff was recommending approval of the proposed R-65 rezoning. After completing the testimony, the Commission unanimously voted to recommend that the R-100 zoning district be applied to the site instead of the proposed R-65 zoning. The Commission was sympathetic to the concerns expressed by the AIA. In view of the Commission action, staff is recommending that the site be rezoned to R-100 district . -2- It should be noted that either R-65 or R-100 zoning districts could be found in conformance with the Single Family Residential - Very Low Density designation. While the R-100 zoning would bring the zoning into conformance with the general plan designation for this site, this action would not satisfy COA #10 of the minor subdivision, and the applicant would not be able to qualify for a parcel map. If the Board of Supervisors follows the Commission' s recommendation, the only option available to the applicant would be to develop additional documentation to try to convince the County that creek and hillside stability issues would be satisfactorily resolved. Minimally, the applicant would have to re-apply for another R-65 rezoning application, and potentially may be required to file a new subdivision application. However, if the Board rezones the site to R-100 and the applicant does not otherwise succeed in meeting the requirements of the subdivisionapproval prior to the expiration of the filing period, then the applicant would lose the ability to be able to create two parcels . ALTERNATIVE ACTIONS On the other hand, were the Board to authorize a rezoning to the R- 65 district, then the applicant could complete the requirements for the minor subdivision and allow for approval of a parcel map by the County, and the sale and the development of two lots . A denial action is not advised. That action would leave a general plan/zoning non-conformity for the site . C: \wpdoc\rz963044 .bo RD\ -3- ADDENDUM TO ITEM D.5 Agenda August 5, 1997 This being the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the San Ramon Valley Planning Commission on the request by Robert and Joanne Raymond (Applicants and Owners) for approval to rezone approximately 2.9 acres from General Agricultural, A-2 to Single Family Residential, R-65 (County File #RZ 3044-96), in the Alamo area. Dennis Barry,, Acting Interim Community Development Director, presented the staff report. The public hearing was opened and no one appeared to speak. The Board then discussed the issues presented. Supervisor Gerber moved that the hearing be continued to September 9, 1997, at 2:45 p.m. Supervisor Rogers seconded the motion. IT IS BY THE BOARD ORDERED that the hearing is CONTINUED to September 9, 1997, at 2:45 p.m. in the Board chambers. CONSIDER WITH D. LAW OFFICES OF 4 GAGEN, MCCOY, MCMAHON & AIRMSTRONG W,I,I IAM F. nACICN, ON. A FIROF LESIONAL CORPORATION OANVILL[ OFF1Ce GRGG;VF+T L. McCGY I•AI'IVICK J. MCMAk ON 270 FRONT STREET a 0 aqx aln MARK L. ARMSTRONG OANVILLC, I:ALIFCIANIA Ii.f!12(i•()211`I LINN K. COOM109 TELEPHONE: (5101 637-09813 riPCVHCN W. THOMAS FAX: (5101 636-5966 CHARLES A. KOSS MICHAEL J. MARKOWITZ NAPA OFFICE MICHAEL W. CARTER RICHARD C. RAINED IQ4UI SKGUNO STREET, SUITE 315 VICTOR J. CONTI August �, 1997 NAVA. C^LIPQWNIA V&5P3V,JQ17 IDAROARA gVVA4.DWELL iKLEWHONl: (7OI) 2e4-a3se) ,4uw Kw� M. ►ANUCCI FAX: (707) 22.;-9617 ALLAN C. MOORE PIITn1.CiA E, CURTIN PLEASE REPLY TO: 16fCVHtN 'f. SUEHL ALkXANUER L. SCHMIO YIA FAC1IMILSs 335 1913 - ORIOINAL TO FOLLOW BY M_aIL• Chair Mark DeSaulnier Board of Supervisors c/o Clerk of the Board 651 Pine Street, Room 106 Martinez, CA 94553 Re: Robert and Joanne Raymond County File No. RZ 3044-96 1710 Las Trampas Road, Alamo (2 . 9 acres) Board Agenda Item No. D. 5 at 2 :00 p.m. Dear Chair DeSaulnier: Our office represents Robert and Joanne Raymond. The Board of Supervisors in 1991 approved a tentative parcel map to subdivide their property into two parcels (County File No. MS104-A9) . As a condition of that approval and in order to have the final parcel map approved and recorded, the Board of supervisore first must rezone their property to R-65 . That zoning designation is consistent with the General Alan land use designation for the property. The Raymonds and their engineers have taken the steps necessary for approval and recordation of a final parcel map, including the submittal of additional reports to staff with respect to the feasibility of constructing a single family home on each new lot. Such additional work was required to address specific building issues related to construction of a house, access and related improvements on the developable area of each lot. The flat developable area of each new lot is approximately 6, 000 square feet and located next to a creek and a hillside. The Raymonds and their engineer have not had a chance to review these details with the staff person representing the Public Works Department at the Board of Supervisors meeting. To avoid any unnecessary confusion, we would Like to have that opportunity to confer with staff prior to the Board hearing on the rezoning application and therefore request this continuance to September 9, 1997 . Chair Mark DeSaulnier AugUat 4 , 1997 Page 2 I have previously informed staff and Karen McPhearson at Supervisor Gerber' s of this request for a continuance. Karen indicated she would contact AIA representatives of this requested continuance . Thank you for your consideration. Vrtfr-o rs, MIL. ng MLA:tnp cc : by facsimile Bob and Joanne Raymond Gene DeBolt Herb Volin Karen McPhearson Bob Drake Steve Wright FACIA LM2939I M04DESAITR £0' d ZTO' oN OT : ZT Z6, VO 9nIJ S86S-8�8-OTS: QI dd NOHUWJW A000W N39HD