HomeMy WebLinkAboutRESOLUTIONS - 11271990 - 90/7644 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 27, 1990, by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Board of Supervisors ) Resolution No. 90/ 764
Review of the Appeals )
of Subdivision 116-88 )
Moita/Bettencourt) , )
in the Clayton Area - )
Findings Resolution. )
WHEREAS, on December 8, 1988, an application for tentative subdivision map
approval was submitted to the Community Development Department proposing to
subdivide 123 acres north of Marsh Creek Road in the Clayton area into four
parcels; and
WHEREAS, for purposes of compliance with the provisions of the California
Environmental Quality Act, a Negative Declaration of Environmental
Significance was issued for the proposed project on May 15, 1989,
indicating that the project would not generate any significant
environmental impacts; and
WHEREAS, after legal notice having been given, on June 5, 1989, the Zoning
Administrator conducted a public hearing on the project which was continued
to June 19, 1989; and at which time the hearing was closed and the matter
again continued to July 10, 1989, at which time the application was
approved; and
WHEREAS, on July 19, 1989, the applicant filed an appeal of the Zoning
Administrator's approval due to objections concerning restraints on
development of the parcel sites; and
WHEREAS, on August 7, 1989, the Zoning Administrator reviewed and approved
a proposed lot line adjustment to reduce the subject property from 123
acres to 32 acres in size; and
WHEREAS, on December 14, 1989, the applicant submitted a revised minor
subdivision application proposing to divide 32 acres into four parcels; and
WHEREAS, after legal notice having been given, a public hearing was
scheduled before the County Planning Commission on January 9, 1990, on the
matter of appeal which was continued to the January 23, 1990 meeting and at
these meetings objections were made that the application was not consistent
with the County General Plan and that an environmental impact report was
required in lieu of a negative declaration; and
WHEREAS, on January 23, 1990, the Commission sustained the Zoning
Administrator's decision and approved the project ( "application" ) but made
no findings on its General Plan consistency or the adequacy of a negative
declaration for it; and
WHEREAS, on January 31, 1990, appeals of the County Planning Commission's
action were filed by the applicant, Jim Moita and by Save Mount Diablo; and
WHEREAS, after legal notice having been duly issued, a public hearing on
the appeals was conducted by the Board of Supervisors on May 8, 1990,
whereat all persons interested therein might appear and be heard; and
WHEREAS, the Board of Supervisors considered and evaluated all the
information and testimony submitted in this matter, closed the hearing
except for findings, indicated denial of MS 116-88, and directed staff to
4 ..
prepare appropriate findings for its consideration; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors confirms
granting the appeal of Save Mount Diablo and denying the appeal of the
applicant Jim Moita and denying Minor Subdivision 116-88; and
BE IT FURTHER RESOLVED that the Board is unable to approve the project
pursuant to the following findings:
1 . The proposed map is inconsistent with the 1973 Open Space/Conservation
Element insofar as the project would introduce residential-ranchette
development into an area that is essentially agricultural in character.
2 . The proposed project is inconsistent with the 1974 Scenic Routes
Element insofar as the proposed development might be unaesthetic as viewed
from Marsh Creek Road, a designated scenic route.
3 . The proposed project would constitute premature development of a quasi-
suburban character and which may set a precedent for additional development
of like character in the vicinity.
4 . (a) The proposed negative declaration is not adequate and an
environmental impact report appears to be required to adequately address
potential cumulative impacts from this and other possible development in
the involved area.
b) The proposed negative declaration doesn't consider the potential
negative. impacts on the applicable County general plan because of this
project's inconsistency with it and its elements (scenic corridors, open
space and agriculture, etc. ) .
5. In the absence of an adequate environmental analysis, this Board can
not find that the project is consistent with its adopted General Plan, is
physically suitable for its proposed development, and the . project is not
likely to cause environmental damage.
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I hereby certify that this is a Nue and correct copy of
an action taken and entered on the minutes of the
Orig. Dept: Community Development Board of Supervisors on the date shown.
cc: County Counsel ATTESTED: November 27, 1990
Save Mt. Diablo PHIL BATCHELOR,Clerk of the Board
Jim Moita of Supervls rs and County Administrator
Public WorksLBy
O„ .
Deputy