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HomeMy WebLinkAboutMINUTES - 10131987 - T.9 TO: BOARD OF SUPERVISORS C=tra FROM: Harvey E. Bragdon, CW`a Director of Community Development r�1 ' DATE: 4 September 1987 CO SUBJECT: APPEAL - Steven Moll (Applicant) - Moll Family Trust (Owner) , MS 19-87, Appealing decision of Board of Appeals Denial for 3 rather than 4 parcels in the View Point area of Rodeo. (S.D. II) . SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) if BACKGROUND AND JUSTIFICATION RECOMMENDATIONS (1) Accept the environmental documentation as being adequate. (2) Deny the appeal of the applicant and adopt the County Planning Commission's reasons and findings as set forth in the attached resolution as the determination for this decision. (3) Approve MS 19-87 subject to the conditions contained in Exhibit A attached hereto as recommended by the County Planning Commission. CONTINUED ON ATTACHMENT: YES SIGMA ACTION OF BOARD ON October 13, APPROVED AS RECOMMENDED OTHER Jean Mesick, Community Development Department, described the project site, the history of the minor subdivision and the appeal and recommended to the Board to confirm the Board of Appeals decision and the Zoning Administrator's decision for three lots and deny the appeal for four lots and approve the Minor Subdivision for three lots with conditions. The public hearing was opened and the following people appeared to speak: Steven Moll, 957 Seascape Circle, Rodeo, applicant, commented on the size of the lots in the Viewpoint area, the building envelope and variances not being requested, sideyards and setbacks, and expressed concern for the neighbors feelings about this matter; Supervisor Fanden questioned the staff recommendation and the hearing before the Zoning Administrator; Karl Wandry, Community Development Department, responded to Supervisor Fanden's concerns. Susan Milton, 887 Tradewind Lane, Rodeo, expressed concerns on crowding; Mr. Moll spoke in rebuttal, requesting the Board to approve the four lots. The public hearing was closed. 1. J The Board discussed the matter. Supervisor Fanden moved to deny the appeal and uphold the Planning Commission and the Zoning Administrator's -decisions. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, 2. and 3 are APPROVED. VOTE OF SUPERVISORS X I REMY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AVE i—-----------� HORS: ACTION TAKEN AND .ENTERM ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOW. CC: Community Development Department ATTESTED October 13, 1987 GOunty Counsel Public Works PHIL BATCHELOR, CLERK OF Building Inspection THE BOARD OF SUPERVISORS COUNTY ADMINISTRATOR Rodeo Hercules Fire Protection Dist. Steven Moll 13Y DEPUTY -CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 19-87 (Revised) I. The site shall be subdivided into three (3) lots subject to the review and approval of the County Zoning Administrator. The following conditions shall be complied with prior to filing the parcel map unless otherwise indicated. 2. Comply with the requirements of the Park Dedication Ordinance. 3. Prior to recording the parcel map, the power line crossing the site shall be moved and the old easement abandoned by Pacific Gas & Electric Co. 4. The houses on Parcels B and C shall comply with the R-7 standards for set- backs, sideyards, rear yards and building height. 5. The covenants, conditions and restrictions of Subdivision #4327 shall continue to apply to the parcels of this minor subdivision. 6. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform with the provisions of the County Subdivision Ordinance (Title 9) . Any exceptions therefrom must be specifically .1-isted in this conditional approval statement. B. The following exception to Title 9 is permitted for this subdivision: 1. Chapter 96-10, "Underground Utilities", for the existing struct- ures. C. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the' sidewalk and driveways. AB:jn ms5:ms19-87c.ab 4/22/87 4/30/87 1I���•'In^II,l �rII I�' f �7J�iLrIJ�.J.Y U YY BEFORE THE BOARD OF APPEALS CONTRA COSTA COUNTY STATE OF CALIFORNIA APPEAL - Minor Subdivision #19-87, Steven Mull (Applicant) - Moll Family Trust (Applicant) - Denial of Appeal to have 4 parcels in the View Point Area of Rodeo (S.D II) WHEREAS, on March 5, 1987, Seven Moll (Applicant) filed an application (MS 19-87) , requesting approval for a four (4)-Parcel, minor subdivision; end WHEREAS, the applicant's property is a 25,840-sq.ft. , property consisting of Lots #15 and #16 of Subdivision #4327, located at • No.957 and #965 Seascape Circle in the Rodeo area; and WHEREAS, a Negative Declaration of Environmental Significance wag Vosted; and WHEREAS, the property is zoned Planned Unit District (P-1) ,with -R-7 ` vtandards; and WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before the Zoning Administrator on May 4, 1987; and WHEREAS, on May 4, 1987, the County Zoning Administrator after having heard the testimony from the applicant and...from the nearby neighbors and after having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; -and WHEREAS, the Zoning Administrator continued the hearing on the, Application to May 18, 1987; +.and WHEREAS, on May 18, 1987, the County Zoning Administrator after '+having heard further testimony, having previously visited the site .and after further review, considered and evaluated the evidence -and- testimony in this matter, RPPROVED the applicant's request -for three (3) -rather than four (4) parcels; .and WHEREAS, on May 28, 1987, 4-he applicant appealed the Zoning . -.Administrator's decision to the Board of Appeals for public hearin6 .• and determination; .and WHEREAS, on July 14,1987, the Board of Appeals conducted an appea`1 bearing iihereat all persons interested might appear and be :heard; and WHEREAS, at the July 14,1987 hearing, the Board of Appeals took and ,fully evaluated all testimony and evidence submitted; and Exhibit. B -2- NOW, 2-NOW, THEREFORE,-,BE IT RESOLVED that on July .14,. 1987, the hoard of Appeals DENIED the applicant's appeal and upheld the Zoning .AdmiB- istrator's-approval of the applicat1dn­Tor*4Mree--�3) parcels;_Aad4 BE IT FURTHER RESOLVED that -the reason for this recommendation .40. %&a follows: (1) The variances for lot size and dimension would set an adverse precedent for properties in the area. The foregoing order was given by the Board of Appeals in a regular meeting on Tuesday, July 14, 1987 as follows: AYES: Commissioners - Davis, Aiello, Whitney, Nimr, Accornero, Feliz, Best. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. LINDA P. BEST Chair of the Planning Commission, Contra Costa County, State of Califo ia. ATTEST: y ag Secretary of the P nning i ion, Contra Costa County, S to California.