HomeMy WebLinkAboutMINUTES - 04202010 - C.51RECOMMENDATION(S):
ADOPT a motion to grant the request of Palmer Madden and Susan Paulus to extend the
period for filing a Final Map for Vesting Tentative Map 9210 by six (6) years to February 3,
2018.
FISCAL IMPACT:
There is no fiscal impact. The applicant has paid fees to process this project and is obligated
to pay supplemental fees for staff time and material costs which exceed 100% of the initial
fee payment.
BACKGROUND:
On February 3, 2009, the Board of Supervisors approved Subdivision 9210 filed by Palmer
Madden and Susan Paulus, subject to conditions. The approval provides for the subdivision
of 15.8 acres located at 1900 Las Trampas Road into five lots and a remainder. By provision
of the Subdivision Ordinance, the Board's approval also allowed the subdividers to file a
required final map with the County for a period of three years (to February 3, 2012).
The subdividers are currently seeking Board authorization for an extension of the period for
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/20/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Jennifer Cruz, (925)
335-1213
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 20, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: KATHERINE SINCLAIR, Deputy
cc: Public Works, Applicant
C.51
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:April 20, 2010
Contra
Costa
County
Subject:Request to Extend the Final Map Filing Period for Subdivision 9210, in the Alamo area (Madden/Paulus)
filing a final map by an additional six years, as allowed by the Map Act.
BACKGROUND: (CONT'D)
Review of Vesting Tentative Map Approval
The General Plan has two land use designations for this site: Agricultural Lands (AL) and
Single –Family Residential-Very Low Density (SV). The site contains a hillside and
lower ridgeline. The surrounding area consists of low density residential development
and open space deed restricted properties to the north and east sides of the site.
On August 8, 2007, the property owners, Susan Paulus and Palmer Madden, filed
concurrent applications to rezone the properties to the Planned Unit District (County File
# RZ073194), a Final Development Plan (County File # DP073062), and subdivision
application to subdivide 15.8 acres into five (5) lots and a remainder, with parcels ranging
in size from 1.5-2.4 acres. The proposed five (5) acre remainder located in the middle of
the project will contain the existing single family residence and would retain the existing
General Agricultural, A-2 zoning.
In 2005, the applicants had obtained County approval for an earlier Planned Unit District
minor subdivision of an adjoining 5.8-acre parcel into three parcels, County File
#MS0400008.
On January 7, 2009 the project was heard and approved by the San Ramon Valley
Regional Planning Commission, subject to conditions. To address concerns with the
habitat of a special-status animal species, the Alameda Whipsnake, the Commission
approval required the subdividers to propose a plan for the approval of the United States
Fish and Wildlife Service and California Department of Fish and Game to provide for the
protection, replacement and management of habitat for the special-status species prior to
commencing development of the project.
To assure compatibility with the surrounding rural residential area, the approval also
limits the size (total floor area) of new residences.
Following that decision, the subdividers filed an appeal with the Board of Supervisors to
clarify that the mitigation measures required by the County could ultimately be
eliminated by Federal or State resource agencies who may substitute their own
mitigations. On February 3, 2009, the Board of Supervisors conducted a hearing on the
applicants' appeal, and then granted the applicants' appeal.
Subdividers' Request to Extend the Period for Filing the Required Final Map
On January 14, 2010, the property owners submitted a request for an extension of the
period for filing a final map by six additional years as allowed by the Map Act
[Government Code § 66452.6 (e)]. In the letter, the property owners indicate that they are
seeking this extension due to poor market conditions, and the cost to comply with the
conditions. They also indicate that they wish to continue to live on the site and wish to
avoid being forced to sell some of the existing parcels that comprise the subject site.
Should the Board grant this request, the Map Act would not authorize the County to grant
any further requests to further extend the period for filing a final map for this project.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Letter
Maps
Approved VTM
Prior Request for Extension