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Home My WebLink AboutMINUTES - 01132015 - D.4RECOMMENDATION(S): A. OPEN the public hearing and receive testimony; B. CLOSE the public hearing; C. FIND that on the basis of the whole record before the County (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the September 4, 2014 Mitigated Negative Declaration prepared for this project reflects the County’s independent judgment and analysis; D. ADOPT the Mitigated Negative Declaration and the accompanying Mitigation Monitoring Program (MMP) for purposes of satisfying this project’s compliance with the California Environmental Quality Act; E. ADOPT the findings contained in County Planning Commission Resolution No. 15-2014 as the basis for the Board's approval; F. APPROVE the variance to the Planned Unit (P-1) Zoning District 5-acre minimum lot size requirement; G. ADOPT Ordinance No. 2015-01 rezoning the 1.12-acre parcel to Planned Unit Development (P-1) from Multiple-Family Residential (M-12), giving effect to aforementioned rezoning; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/13/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez, 674-7785 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: January 13, 2015 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Chris Howard, GIS, DCD D.4 To:Board of Supervisors From:John Kopchik, Interim Director, Conservation & Development Department Date:January 13, 2015 Contra Costa County Subject:Westborough 14-Unit Condominium Project, Final Development Plan and Rezone, Tice Valley Blvd. Walnut Creek area, County File #RZ14-3225, DP14-3018 RECOMMENDATION(S): (CONT'D) H. APPROVE the Westborough Final Development Plan as shown in the plans received by the Department of Conservation and Development on June 11, 2014; I. DIRECT the Community Development Division to post a Notice of Determination with the County Clerk. FISCAL IMPACT: None. The applicant is responsible for all application processing fees. BACKGROUND: I. Executive Summary This is a hearing on a request for approval of a final development plan and rezone to Planned Unit (P-1) district for a proposed 14 unit condominium project to be known as the "Westborough" condominiums in the unincorporated Walnut Creek. The 1.12-acre project site is located at 1640-1660 Tice Valley Boulevard, south of Olympic Boulevard. The Westborough condominiums will be two-story, side-by-side units, constructed in clusters of 2, 3 and 4 units per building. All of the units will be 3 bedroom townhouse style units, with single car garages. The units will be accessed via a new “U” shaped private roadway accessed from Tice Valley Boulevard. The project will include the installation of complete site improvements including, landscaping improvements, clean water facilities, roadway improvements (including 18 guest parking spaces) and storm drain improvements.The project will also entail the removal of 23 code protected trees and work within the drip line of 11 code protected trees. A variance to the 5-acre minimum lot size requirement of the Planned Unit (P-1) Zoning District is also being requested. The project was heard by the County Planning Commission on October 28, 2014. At the hearing no public comments were received in opposition to the project and the Planning Commission approved the vesting tentative condominium map and adopted a recommendation that the Board of Supervisors approve the rezone to P-1 and the final development plan. The Planning Commission also made a minor change to a condition of approval in order to address the proper disposal of green waste generated by the project. Staff is recommending that the Board approve the Westborough final development plan and adopt the rezoning of the site to Planned Unit District (P-1) from its existing Multiple Family Residential (M-12) district. II. County Planning Commission Hearing On October 28, 2014 the proposed "Westborough" 14-unit condominium project was heard by the County Planning Commission. The Planning Commission opened the public hearing whereat the applicant provided some background and a description of the project, in addition to providing responses to questions presented by the Commission. After receiving no other public comments the Planning Commission closed the public hearing. After closing the public hearing, the Commission discussed various aspects of the project including the handling of "green waste" generated by the project. In order to ensure that the green waste generated by the project is handled properly, a motion was passed modifying condition of approval #22 to require that all of the green waste is properly disposed of at a green waste recycling facility. Condition of approval #22 is a standard construction condition which requires that 50 percent of job site debris be recycled or diverted from landfill disposal. Per the Commission's motion, condition of approval #22 was modified to require that all (100%) green waste generated by the project be delivered to a permitted green waste recycling facility and that the developer provide evidence that the green waste was delivered to such a facility prior to issuance of a grading or building permit. After adopting the motion to modify condition of approval #22, the Planning Commission voted unanimously to approve the project as recommended by staff, which included approval of the Westborough vesting tentative condominium map and a recommendation that the Board of Supervisors approve the rezoning of the site to Planned Unit District (P-1) and the Westborough final development plan. III. Environmental Review In accordance with the provisions of the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, an initial study was prepared for the project to identify any potential environmental impacts. The initial study identified impacts in the areas of air quality and noise for which mitigation measures were incorporated into the project reducing the impacts to a less than significant level. On September 4, 2014 the Notice of Public Review and Intent to adopt a Mitigated Negative Declaration was circulated and posted with the County Recorder's office for a 20-day review period. No public comments were received on the adequacy of the initial study. IV. Conclusion Staff recommends that the Board of Supervisors approve the rezoning and Final Development Plan as recommended by the County Planning Commission. The design and location of the Westborough condominiums is consistent with the surrounding uses and the project will provide new housing in an ideal infill location with good access to schools, public transportation, freeways and shopping. CONSEQUENCE OF NEGATIVE ACTION: If the Westborough final development plan and rezoning to Planned Unit District (P-1) is not approved, the final map can not be recorded and the project will not be constructed, preventing the addition of new housing in the County. CHILDREN'S IMPACT STATEMENT: The Westborough condominiums will provide new housing that is consistent with the following outcome established in the Children's Report Card: 5) Communities that are safe and provide a high quality of life for children and families. CLERK'S ADDENDUM Speakers: Bob Pickett, Branagh Development Applicant CLOSED the hearing; FOUND that on the basis of the whole record before the County (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the September 4, 2014 Mitigated Negative Declaration prepared for this project reflects the County’s independent judgment and analysis; ADOPTED the Mitigated Negative Declaration and the accompanying Mitigation Monitoring Program (MMP) for purposes of satisfying this project’s compliance with the California Environmental Quality Act; ADOPTED the findings contained in County Planning Commission Resolution No. 15-2014 as the basis for the Board's approval; APPROVED the variance to the Planned Unit (P-1) Zoning District 5-acre minimum lot size requirement; ADOPTED Ordinance No. 2015-01 rezoning the 1.12-acre parcel to Planned Unit Development (P-1) from Multiple-Family Residential (M-12), giving effect to aforementioned rezoning; APPROVED the Westborough Final Development Plan as shown in the plans received by the Department of Conservation and Development on June 11, 2014; and DIRECTED the Community Development Division to post a Notice of Determination with the County Clerk. ATTACHMENTS CPC Resolution No. 15-2014 CPC Approved Conditions CPC Staff Report Ordinance No. 2015-01 Map Maps Initial Study and MMP Westborough Final Development Plan