HomeMy WebLinkAboutMINUTES - 09232003 - D4 Findings for ShepherdlDorn Project
Tassajara area
County File#RZ993074, #MS.990002, & #DA010122
agency hearing the matter that all standards are met and the intent and purpose
of the applicable regulations and goals and objectives of the General Plan will
be satisfied, Failure to satisfy this burden shall result in a denial.
Based on evidence and testimony submitted to the Board of Supervisors,the
Board determines that the Project Applicant has not met that burden of proof.
The Project Applicant has failed to convince the Board that the Project will
satisfy a number of findings that are required by County Code.
A. Findings Pertaining to Zoning Consistency with
General Plan, including Approval of a Rezoning
Application
1. State Law [Government Code § 65860 (a)]
County zoning ordinances shall be consistent with the general
plan of the county by January 1, 1974. A zoning ordinance
shall be consistent with a county general plan only if both of
the following conditions are met:
a. Required Finding- The County,has officially adapted
such a plan.
Finding d This Board finds that the County Board of
Supervisors has adopted the July, 1996 "C"ontra Costa
County General Plan, 1995—2010. "
b. Required Finding-- The various land uses authorized by
the ordinance are compatible with the objectives,
policies, general land uses, and programs specified in the
plan.
Finding—This Board finds that the proposed intensity of
development that would be permitted by the change in
zoning would not be compatible with surrounding land
uses including the Morgan Territory Regional.Preserve
held by the East Bay Regional Parr District and the
watershed lands held by the Contra Costa Water District.
Evidence: Testimony and correspondence presented at
the public hearing, personal observation of Board
member.
F-11
Findings for ShepherdlDorn Project
Tassajara area
County File#RZ993074, #MS990002, & #DA010122
2. County Ordinance (C.C.C. Ord. Code § 26-2.1806)
a. wired Findnne— The land use district change
proposed will substantially comply with the General
Plan.
Finding—The Board finds that the proposed rezoning
would not substantially comply with the general plan for
the following reasons:
• The access to the site is limited by a steep, narrow,
winding road, and thus constitutes a danger to
public safety;
• The proposed development could result in
unacceptable visual impacts that would not be
compatible with the objectives of the scenic route
goals and policies of the General Plan.
• The proposed small parcels would not be
compatible with the surrounding area consisting
largely of public lands(parks and watershed), and
large-acreage parcels, and may encourage
parcelization of other privately held lands.
• The application of A-3 zoning to this site would
unfairly advantage the subject property relative to
zoning regulations that have been applied to
surrounding privately held properties, which are
zoned 80-acre minimum parcel size(A-80 district)
and 40-acre minimum parcel size(A-40 district).
While nearby properties are also zoned A-2
(minimum 5-acre parcel size), these lands are
largely held by public agencies for park lands and
watershed area and are not expected to subdivide.
• The proposed development may adversely affect
threatened animal species.
• The proposed development may adversely affect the
quality of water that would flow into the Los
Vaqueros Reservoir, a public water supply source.
Evidence: Testimony and evidence presented in hearing
before the Board; County General Plan, personal
observation of Board member.
F-12
Findings for ShepherdlDorn Project
Tassajara area
County File#RZ993074, #MS990002, & #DA010122
b. Required Finding— The uses authorized or proposed in
the land use district are compatible within the district and
to uses authorized in adjacent districts.
Finding—The Board finds that the proposed land use
density would not be consistent with surrounding land
uses, which primarily consist of public lands and large-
acreage parcels.
Evidence: Testimony and evidence presented in hearing
before the Board; general observation of Board member.
C. Required Finding—Community need has been
demonstrated for the use proposed, but this does not
require demonstration of future financial success.
Finding—The Board finds that community need has not
been demonstrated for the proposed rezoning or
subdivision of land.
Evidence: Testimony and correspondence presented at
the public hearing before the Board; County General
Plan.
B. Finding Pertaining to Approval of a Subdivision
Application (C.C.C. Ord. Code § 94-2.806)
Required F'indin — The advisory agency shall not approve a tentative
map unless it shall find that the proposed subdivision, together with
the provisions for its design and improvement, is consistent with the
applicable general and specific plans required bylaw. When
approving the tentative map for a minor subdivision, the advisory
agency shall make findings as required concerning the fulfillment of
construction requirements.
Findin —For the reasons presented in Part VII.A.2.a. above, the
Board finds that proposed subdivision will not be consistent with the
General Plan.
Evidence: Testimony and evidence presented in hearing before the
Board; County General Plan;personal observation of Board member.
F-13
Findings for 5hepherdlDorn Project
Tassajara area
County File#RZ993074, #MS990002, & #DA010122
V111.Project Findings Re: Subdivision Map Act
Requirements (Government Code Section 66474)
If any of the below listed findings are made,the Board of Supervisors shall
deny approval of a tentative map.
Based on documentary evidence and oral testimony submitted to the Board of
Supervisors, the Board determines that the following findings requiring denial
of a tentative map have been made.
A. Finding Requiring Denial of a Tentative Map— The proposed map is
not consistent with applicable general and specific plans as specified
in Government Code Section 65451.
Finding—The Board finds that the proposed tentative map is not
consistent with the applicable General Plan for the reasons identified
in Part VII.A.2.a. above.
Evidence: Testimony and evidence presented at hearing before the
Board; County General Plan, personal observation of Board member.
B. Finding Requiring Denial of a Tentative Map— That the design or
improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Finder—The Board finds that the proposed tentative map is not
consistent with applicable general and specific plans in that it would
allow for more intensive development than is otherwise allowed on the
surrounding property. Surrounding property generally consists of
public lands and large-acreage ranch parcels.
Evidence: Testimony and evidence presented at hearing before the
Board; County General Plan; personal observation of Board member.
C. Finding Requiring Denial of a Tentative Map— That the design of the
subdivision or type of improvements are likely to cause substantial
environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Finding—The Board finds that the proposed tentative map may result
in substantial environmental damage to endangered wildlife species
F-14
Findings for ShepherdlDorn Project
Tassajara area
County File#RZ993074, #MS990002, & #DA410122
listed in the environmental documentation for the project and their
habitat, even with the proposed mitigations. The site is surrounded by
confirmed locations of listed endangered and threatened species and
fragmentation of the site, more residents,more pets and landscaping,
will inevitably increase impacts on these species, even with the
suggested mitigations. The proposed scenic and conservation
easements are too limited in detail to be effective or enforceable (a
requirement under the California Environmental Quality Act for
mitigations).
Evidence: Testimony and evidence presented at hearing before the
Board; County General Plan.
GACurrent Planning\carr-plan\Board\Board Orders\rz993074.findings.doc
RD\
F-15