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Home My WebLink AboutMINUTES - 09291987 - T.12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T.12 Adopted this Order on _September 29, 1987_ by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Hearing On Application To Rezone Land ( 2714-RZ) By James R. Stedman & Associates And Don Clemetson In The Oakley Area. The Board of Supervisors on September 15, 1987 continued to September 29, 1987 at 3 : 00 p.m. , the hearing on the recommendation of the East County Regional Planning Commission of Contra Costa County on the request ( 2714-RZ) by James R. Stedman and Associates, Inc. (appli- cant) and Don Clemetson (owner) to rezone approximately 28 acres of land from Single Family Residential (R-10) to Planned Unit District (P-1) in the Oakley area; and Jean Mesick, Community Development Department, presented the staff report, described the project site, the history of the project, the revised development plan, the manner in which the applicant has satisfied the buffering in the Oakley General Plan through landscaping, lot size and the sound wall, the will serve letters, a draft traffic study, the Planning Commission recommendation and the staff concerns regarding the size of properties on the westernmost portion of the project and a staff recommendation for reconfiguration of the lots in that area. The staff recommendation is to approve the rezoning and the preliminary development plan for 105 lots with the revised conditions before the Board today. Supervisor Torlakson questioned the staff on the buffering policy in the Oakley General Plan, requested clarification of density range and floor and ceiling limits, and the notification process. Supervisor Torlakson also referred the eight letters from people who submitted that they had not been notified to County Counsel and Community Development Department for review. Supervisor McPeak requested clarification on the approach to buffering in the General Plan and the design of the project, and on the notification process. Karl Wandry responded to the concerns on buffering and the floor and the ceiling in the General Plan. The Board recessed to allow the Board members time to attend the time capsule ceremonies. Supervisor Torlakson remained to work with the applicant, staff and interested parties on the resolution of concerns. On reconvening, the public hearing was opened and the following people appeared to speak: John Stremel, 935 Moraga Road, Lafayette, California Land Re- search and Stremel Enterprises, appeared for the applicant and commented on matters including compliance of the project with the Oakley General Plan, buffering, and the recommendations for approval from the Community Development Department, the East County Regional Planning Commission and the Oakley Municipal Advisory Commission; 1 Dick Mello, 112 Loren Lane, Oakley, commented on issues including buffering, the devaluation of his property and requested a General Plan Amendment to drop the floor and rejection of the project; Anne C. Way, 4004 Creekside Court, Oakley, spoke on issues including the General Plan buffering policy, areas being zoned differently from what was thought, a need to fine tune the General Plan, and requested the Board to postpone decisions on projects in the Oakley area until a General Plan Amendment could be drafted; Charlene Souza, 119 Loren Lane, Oakley, commented on issues including a packet of letters she presented to Board members expressing concerns about home values by neighbors, and requested a postponement of decisions on projects until the County buffering policy could be heard and a General Plan Amendment considered to lower density in the area; Marge de Fremery, 277 Laurel Road, Oakley, commented on matters including a request for shake or tile roofs and requested the Board to continue the matter until a buffering policy is adopted and a General Plan amendment is considered; Barney D. Murdock, 125 Honey Lane, Oakley, spoke on matters including the problems with the General Plan floor and the buffering policy and the number of units per acre; John Stremel spoke in rebuttal. The public hearing was closed. Supervisor Torlakson requested staff to comment on the perception of buffering in the project, and the notification process. Karl Wandry, Community Development Department, responded to Supervisor Torlakson' s concerns, and described the buffering in this project. Victor Westman, County Counsel, responded on the issue of notifi- cation. Supervisor Torlakson recommended moving ahead today with an approval of the project recognizing two things: 1. The project must come back to this Board for final adoption, that the Board is introducing it today, and it will be listed again on the agenda with the proposed amended conditions suggested today ; and 2. The final development plan will have to come before the Planning Commission for public hearing and will be able to be appealed to this Board if anyone feels the conditions were not met that were put forward here and finalized several weeks from now when it is on calendar again. Supervisor Torlakson also requested staff to respond to the Board on the policy of notification and the buffering policy in the General Plan. Supervisor Torlakson moved approval of the project and commented on the proposed conditions of approval including the police district, landscaping, CC&R' s with a self-enforcement bond, lot size, the concept of a wall along the DeFremery property, fencing, elimination of composition roofs, and the maintainence of the tot lot, buffering, and the square footage of the homes. Supervisor Schroder seconded Supervisor Torlakson' s motion and commented on the question of the composition roofs being eliminated for consideration, and the noticing process. 2 Supervisor Powers expressed concern with eliminating the composi- tion roofs due to the Fire Department feeling it was the best way to deal with the fire retardant situation. Supervisor McPeak expressed support for Supervisor Schroder and Supervisor Powers ' concern over eliminating the composition roofs and expressed concern over the west side of the project in terms of land- scaping being a consideration to be examined as well as the modifica- tion of the lot sizes. Supervisor Torlakson then separated out his motion with the main motion to include the issue of looking at the landscaping along the wall adjacent to the DeFremery property on the westside interface between the 14,000 square foot lots and the DeFremery home, and a separate motion to refer the issue of the composition roofs to the Community Development Department with special attention to the asthetic appearance of the roofs. Supervisor Schroder accepted the division on the motion. The Board further discussed the issue of the landscaping along the DeFremery wall. Therefore, IT IS BY THE BOARD ORDERED that Rezoning Application 2714-RZ filed by James R. Stedman and Associates, Inc. and Don Clemetson to rezone land in the Oakley area is APPROVED with amended conditions and Ordinance 87-105, giving effect to the aforesaid rezoning is INTRODUCED and staff is DIRECTED to prepare the approprite documentation for Board consideration and send copies of the proposed amended conditions to those persons requesting them; and the issue of fire retardant roofs with special attention to asthetic appearance of the roof is REFERRED to Community Development. I hereby certify that this is a tree and correct copy of an action taken and entered on the minutes of the Board of Supero ors on the date shown. -� ATTESTED: j I r�oqr PHIL BATC LOR, Clerk of the Board of Supervisors and County Administrator 6 By , Deputy Orig. Dept. : Clerk of the Board cc: Community Development Department County Counsel Applicant Owner 3