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HomeMy WebLinkAboutMINUTES - 08062002 - D2 TO: BOARD OF SUPERVISORS k '-- Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: AUGUST 6, 2'002 SUBJECT: HEARING ON THE RECOMMENDATION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION ON THE APPLICATION TO REZONE 65 ACRE PARCEL FROM AGRICULTURAL PRESERVE—A-4 (20 ACRE PARCEL REQUIRED) TO EXCLUSIVE AGRICULTURAL—A-20 (20 ACRE PARCEL REQUIRED), COUNTY FILE#RZ993073. THE SAN RAMON VALLEY REGIONAL. PLANNING COMMISSION HAS APPROVED THE APPLICANT'S REQUEST TO SUBDIVIDE 65 ACRES INTO THREE 20+/-ACRE PARCELS IN THE SAN RAMON AREA, COUNTY FILE #MS000014. (SUPERVISORIAL DISTRICT Ill) SPECIFIC''REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION' I. RECOMMENDATIONS 1. APPROVE the recommendation of the San Ramon Valley Regional Planning Commission, as contained in their Resolution No. 22-2002; and rezone a 65-acre parcel from Agricultural Preserve (A-4) to Exclusive Agriculture (A-20). 2.; ADOPT the findings contained in the San Ramon Valley Regional Planning Commission Resolution No 22-2002 as the basis for the Board's action: CONTINUED®N ATTACHMENT: X YES SIGNATURE I . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD'C€> llf[ITTEE APPROVE OTHER - SIGNATURE(S): ACTION OF BOARD ON August 6. 2002 APPROVED AS RECOMMENDED X OTHER X .See attached addendun for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ASSENT CORRECT COPY OF AN ACTION .,TAKEN AND AYES: NOES: ENTERED ON THE MINUTES of THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN' Contact: Rose Marie Pietras(925-335-1216) ATTESTED August 6, 2002 Orig: Community Development Department JOHN SWEETEN, CLERK OF THE BOARD OF cc: DeBolt Citric Engineering(Applicant) PERVISORS AND COUNTY ADMINISTRATOR Val Nunes(Owner) City of San Ramon East Bay Regional Park District 1 DEPUTY File , August 6,`;2002 Board of Supervisors File#RZ993073 Page 2 3. FIND the Mitigated Negative Declaration and Mitigation:Monitoring Program prepared for this project to be adequate for the purposes of compliance with the California Environmental Quality Act and adopt the same. 4. INTRODUCE the ordinance giving effect to the aforementioned rezoning, waive reading and set date for adoption of same. 5. DIRECT the Community DevelopmentDepartment to post the Notice of Determination with the County Clerk. II. FISCAL 'IMPACT None. The applicant is responsible for application processing costs; III. BACKGROUND/ REASONS FOR RECOMMENDATIONS On June 9, 1999, the applicant, DeBolt Civil Engineering, filed an application to rezone a 65-acre parcel from Agricultural Preserve—A-4/20 acre minimum to Exclusive'Agriculture°' A-20/:20 acre minimum. The application was assigned County File#RZ993073. The subject property is designated Agricultural Lands "(AL) in the County General Plan. The subject property is located on the southwest-facing flank of Las Trampas Ridge overlooking Bollinger Canyon. The site and surrounding area are hillside properties consisting of open space, large oak trees and beautiful vistas. The property is characterized by steep slopes throughout: There are three individual property owners on this property, Ken and Nancy Sheets, Val and'Belia Nunes and Glen and Loitta Mather. On August 2, 2000 the three property owners of the subject property, submitted a request for a Vesting Tentative Map approval of their property(APN 208-210-003)to subdivide the 65 acres into three parcels at 20+/- acres each. The application was assigned County File #fMS000014. The San Ramon Valley Regional Planning Commission approved County File#MS000014 on April 17, 2002, with a recommendation to the Board of Supervisors to approve the rezoning request. The subdivision approval was not appealed. The difference between the A-4 and the A-20 zoning districts (20 acre minimum for both zoning districts)is that the A-4 zoning district'reflects property usually in a`.County Land Conservation Contract subject to Williamson Act requirements. This property is not within a land conservation contract. If the rezoning request to the A-20 zoning district is denied, any future development would remain subject to the A-4 zoning district standards and procedures. Therefore, to establish a new residence on each lot would require the approval of a land use permit in the A-4 zoning district. As stated above, both the existing zoning (A-4) and the proposed zoning (A-20) have 20 August 6; 2002 Board of Supervisors File#RZ993073' Page 3 acre minimum parcels. Thus, the proposed rezoning is not an attempt to gain a higher lot count or;more density. The applicant is proposing the rezoning to A-20 to reflect the property's earlier release from the Land Conservation Contract and to allow for the more appropriate A-20 zoning district. The A-20 provisions in Section 84-80.1006 state that no structures shall be located on a`lot less than fifty feet from the boundary line of any residential land use. N. BIOLOGICAL ISSUES The applicant submitted, on February 14, 2002, the Alameda Whipsnake Habitat Evaluation dated November 20, 2001and Site Plan Recommendations dated February 6 2002 prepared'by Malcom J. Sproul, Principal of LSA. To mitigate'potential construction in proximity to core whipsnake habitat, the applicant has agreed to a conservation easement as-a condition of approval to the minor subdivision application, County File#MS000014. The conservation easement will be over the remaining portions of the property, which contain core chaparral habitat adjacent area. This approach minimizes the impacts of site development on whipsnake and;,preserves those portions of the property most important to the species. V. EAST BAY REGIONAL PARK DISTRICT On April 11, 2002 the East Bay Regional Park District forwarded a letter to the County discussing their concerns. The following is a summary of their concerns with staffs response`: 1. The adequacy of the environmental document; + The San Ramon Valley Regional Planning Commission found the Mitigated Negative Declaration and Mitigation Monitoring Program adequate. AH potential significant impacts to protected trees,Alameda Whipsnake habitat, and wildland fire protection have been thoroughly mitigated. 2. The irregular lot;,configuration of the proposed subdivision; + The San Ramon Valley Regional Planning Commission found the irregular lot configuration irrelevant since most of the property will be in a cortsenratiort easement dedicated to the County. The three property owners were satisfied with the arrangement of their future property lines. + The configuration of the parcels was drawn in order to follow natural to o ra h and to approximate for the three families'equal acreage and usable, open pace land. 3. The discouragement of ranchettes within the city's sphere of influence where such cities have urbanization planned in their Sphere of Influence; August 6,;2002 Board of Supervisors File#RZ993073;.. Page 4 • The San Ramon Valley Regional Planning Commission found that the proposed subdivision and rezoning applications did not encourage the development of ranchettes. The proposal is for twenty-acre parcels. A ranchette is a five-acre parcel. + The°City of San Ramon does not have urbanization planned in this area. 4. The potential of future monster homes would compromise the aesthetics of a sensitive area; • The subdivision Condition of Approval#15.a specifically addresses this concern by requiring that elevations and architectural design be submitted for final review and approval of the Zoning Administrator. The Zoning Administrator shall give 30 days prior notice and opportunity for comment to the City of San Ramon and the East Bay regional Park District at the time the elevations and architectural designs are considered by the County Zoning Administrator. • Each twenty-acre parcel will have a two-acre building envelope that is located at the lower end of the property. Homes are less visible on the lower portions of the property. The visible areas in the highlands will be in the conservation easement. 5. A request to dedicate the conservation'easement to the Park District since the District owns and manages the adjacent'property that is also Alameda Whipsnake habitat. • The San Ramon Valley Regional Planning Commission found that the conservation easement be dedicated to no other entity than the County. The applicant and property owners agreed to their decision. VI. CITY OF SAN RAMON On April 11, 2002 comments on the Mitigated Negative Declaration were received through correspondence from the City of San Ramon. According to the City, the Mitigated Negative Declaration did not demonstrate consistency with the newly adopted General Plan Policies`` applicable to the Bollinger Canyon area: On April 16, 2002, a meeting was held between representatives of the City of San Ramon, County staff, the applicant, Jim D ggins of DeBolt Civil Engineering, and the property owners' attorney, Alan Moore of Gagen, McCoy, McMahon & Armstrong. An agreement was reached to amens! the Conditions of Approval by adding 14.a and 15.a which gives the City of San Ramon and the East Bay Regional Park District 30 days`:prior notice and opportunity for comment on the proposed building envelope and final design of the homes. August 6,„2002 Board of Supervisors File#RZ993073 Page 5 VII. CONSEQUENCES OF INACTION OR DENIAL OF PROPOSAL. BY THE BOARD OF SUPERVISORS In the event that the Board denies the request to rezone the property, and the Agricultural Preserve-•A-4 zoning is not changed; the future development will be subject to the standards and procedures of the A-4 ordinance. ADDENDUM TO ITEM D.Z August 6, 2002 On this date,the Board of Supervisors considered the request by Val Nunes(Owner)and DeBolt Civil Engineering(Applicant)to rezone 65 acre parcel from Agricultural Preserve-A-4(20 acre parcel required)to Exclusive Agricultural—A-20 (20 acre parcel required), County File #RZ993073. Dennis Barry, Director, Community Development Department presented the staff report and. recommendations, The Chair opened the public hearing and invited those who wished to address the Board on this matter. There were no speakers to present testimony. The Chair closed the public hearing. Supervisor Gerber moved to approve the staff s five recommendations presented today,with the addition of recommendation#6,directing the Community Development Department to schedule a meeting,with the District III office, the City of San Ramon and East Bay Regional Park District, regarding the architectural design and elevations of proposed homes on the subdivision. The Board of Supervisors took the following action: ♦ CLOSED the public hearing; ♦ APPROVED the recommendations of the San Ramon Valley Regional Planning Commission, as contained in their Resolution No. 22-2002; the request of Val Nunes (Owner) and DeBolt Civil Engineering (Applicant) to rezone a 65-acre parcel from Agricultural Preserve (A-4) to Exclusive Agriculture (A-20) on the property located at 18400 Bollinger Canyon Road, in the San Ramon area, ♦ ADOPTED the finding contained in the San Ramon Valley Regional Planning Commission Resolution No. 22-2002 as the basis for the Board's action; FOUND the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project to be adequate for the "purposes of compliance with the California Environmental Quality Act and ADOPTED the same; ♦ INTRODUCED Ordinance 2002-25 giving effect to the aforementioned rezoning, ♦ WAIVED reading and set date of August 13,2002 for adoption; ♦ DIRECTED the Community Development Department to post the Notice of Determination with the County Clerk; ♦ DIRECTED the Community Development Department to schedule a meeting with the District III Supervisor, the City of San Ramon, and the East Bay Regional Park District regardingagricultural design and elevations of any proposed homes on the subdivision. RESOLUTION NO. 22-2002 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, ;,STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATION OF THE'REQUESTED CHANGE IN ZONING BY DeROLTCIVIL ENGINEERING (APPLICANT) AND VAL NUNES, et al (OWNERS) (RZ9930'73) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE 13OLLINGER CANYON AREA OF SAID COUNTY. WHEREAS, a request by DeBOLT CIVIL ENGINEERING (.Applicant)and VAL NUNES, et al (Owners) to rezone a'65 acre parcel from Agricultural Preserve (A-4) to Exclusive Agricultural (A-20),:for which an application'was received by the Community Development Department on June 6, 1999; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County ',CEQA Guidelines, a Mitigated Negative Declaration was prepared and circulated for 'review and ::comments between March 13, 2002 and April 12, 2002 and the San Ramon Valley'Regional Planning Commission'adopted the Negative Declaration and the Mitigation Monitoring Program at their meeting on April 17 2002; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, April 17, 2002,where all persons interested therein might'appear and be heard; and WHEREAS, on Wednesday, April 17, 2002, the Sari. Ramon Valley Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED, that the San Ramon Valley Regional Planning Commission: 1. FINDS that on the basis of the whale record, including the CEQA'Initial Study and comments received during the public review process,there is no substantial evidence that the project would result in a significant affect on the environment and that the Mitigated Negative Declaration reflects the County's independent judgment and analysis; 2. FINDS that the proposed Mitigated`Negative Declaration and Mitigation Monitoring,Program is adequate for the purposes of compliance with the California Environmental Quality Act and adopts same; 3. FINDS that the proposed subdivision, together with the provisions for its design and'improvements, is -<consistent with the applicable general and specific plans required by law. 2 4. RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning of the parcels from the Agricultural Preserve (A-4) to the Exclusive Agricultural(A-20)District; BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. REZONING FINDINGS: 1. Required Finding — The change proposed will substantially comply with the General Plan. Protect Findinz The proposal is consistent with the goals and policies of the Agricultural.Lands Designation of the General Plan. The proposal is consistent relative to the size and density requirements of the General:Plan 'Designation, which allows one unit per five acres. The proposed A-20 zoning district will meet the General Plan Policies for the.Bollinger Canyon area. 2. Required Finding— The uses authorized or proposed in the land use district are compatible within'the district and to uses 'authorized in adjacent districts. Pro,�ect Finding: The zoning district within the immediate adjacent properties ;,consists of Agricultural'Preserve (A-4) and Exclusive Agricultural (A-20) zoning districts. The uses allowed in the A-24 district are similar to these in the A-4 district. The subject properties are surrounded by A-20 and A-4 districts, with compatible uses on all surrounding properties. 3. Required Finding.— Community need has been demonstrated for the use proposed, but this does :.not require demonstration of future financial success'. Pro'e� ct Fin a'in :A number ofpareels in the immediate area have A- 4 and A-20 zoning, so a community need has been demonstrated for the use proposed. B. Growth 1Vlanagement Element Performance Standards Findings I. Traffic: There are no development plans proposed at this time., Rezoning of the properties will not impact current traffic patterns'. The uses allowed in the A-20 zoning district as compared with those allowed in the A-4 district will not lead to any significant impact on 3 traffic patterns. Therefore the applicant is not required to prepare a traffic report pursuant to the 1958 pleasure C requirements. 2. Water: The subject sites are not connected to public water supplies. All of the subject parcels will be on well water., 3. Sewage: The subject sites do not utilize public sanitary systems. All of the subject parcels will be on septic systems. 4. Fire" Protection: The site is within the San Ramon Valley Fire Protection District. The site lies within a wildlands fire area. Per the San Ramon Valley Fire Protection District special 'fire sprinkler requirements apply to this project. 5. Public Protection: The Growth Management Element standard is 155 square feet',of Sheriff facility station area per 1,000 population. This project will not trigger this requirement. 6. Parks and 'Recreation: At the time to issue a building permit, the applicant will be required to contribute a park dedication fee in accordance with ordinance requirements. Currently, the park dedication fee is $2,000 per new residence. 7. Flood Control and Drainage: Compliance with drainage standards per Public Worley Department requirements will be a part of the applicant's subdivision conditions of approval. (Ref. The Growth Management Element, Chapter 4, ofthe'General Plan) BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional Planning Commission will 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 instructions,by the San Ramon Valley Regional' Planning Commission to prepare this resolution were given by motion on Wednesday, April 17 2002 by the following vote: AYES: Commissioners-Matsunaga, Mulvihill, Couture, Gibson,McPherson,Neely NOES: Commissioners-None ABSENT: Commissioners- eha ABSTAIN: Commissioners-None Chairman of the County Regional Planning Commission> County of Contra Costa, State of California ATTEST: t� y 1 Dennis Barry,'AICP Secre San Ramon Valley Region' laning Commission County of Contra Costa State of California Findings Map a A-40 T ON! � --r--T" '---- __'— A-80 Om A-40 A.2 i A•d A• ~ f A-80 K. rr 1 I 11 J.4 J�SfJi.w ? � _ lfyJ \� A-4 Art c Rezone From A_4 �— To A—20 San 12Q1'rtonArea'. I, N. Mulvihill Chair of the San Ramon valley Planning Commission,State of California,do hereby certify that this is a true and correct copy of. IGS T-15 Qnd V-15 of the County's 19119F zoning map indicating thereon the decision of the San Ramon Valley Planning Commission in the matter of DeBolt R0993073 ATTEST. Secretary of the Contra Costa County Planning Commission, Mate of Calif.