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HomeMy WebLinkAboutMINUTES - 12201988 - T.10 TO: BOARD OF SUPERVISORS T. 10 FRCH: Harvey E. Bragdon i Contra Director of Community Development Costa DATE: November 16, 1988 Costa SUBJECT: Hearing on Rezoning Application #2813-RZ, to rezone land described as .74 acres fronting for approximately 272 feet on the west side of Byron Highway, northerly of the Byron Highway-Holaway Drive and Southern Pacific Railroad intersection, in the Byron area, from General Agriculture (A-2) to Two Family Residential District (D-1) , filed by Byron Builders (Applicant) and Glen K. Bergendahl (Owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2813-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission' s findings as set forth in Resolution No. 71-1988 as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. CONTINUED ON ATTACHMENT: YES SIGNA 4 ACTION OF BOARD ON December 20, 1988 APPROVED AS RECOMMENDED X OTHER X i This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, Jean, Mesick, Community Development Department, presented the staff report and recommendations to the Board. The public hearing was opened and the following persons appeared to speak: Mary Almand, P.O. Box 2132, Concord, property owner in. the area, advised the Board of her concerns relative to the property including traffic, access to the property, and availability of water for the site. She commented she was neither for nor against the request but wish to make her concerns known to the Board of Supervisors. Dennis Lopez, Byron, commented on issues including the lack of housing versus the amount of jobs in Byron, access to the property, and water availability. Supervisor Torlakson requested clarification from staff on the water availability issue and traffic access to the site. Karl Wandry advised that the zoning itself does not address the access and that Community Development Department would be working with the applicant to determine that issue. He indicated the lot would be flagged to look at the access specifically and insure water availability. 1. r • The public hearing was closed. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED THAT recommendations 1, 2, 3, and 4 are APPROVED; and as in recommendation 4, Ordinance No. 89-4 is INTRODUCED, reading waived, and January 10, 1989 is set for adoption of same; and staff is REQUESTED to work with the applicant to work out the safest possible traffic access relative to Byron Highway, J-4 and Holloway. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS `A X UNANIMOUS (ABSENT IV ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED December 20, 1988 . Byron Builders PHIL BATCHELOR, CLERK OF Glen K. Bergendahl THE BOARD OF SUPERVISORS Public Works-Tom Dudziak AN COUNTY ADMINISTRATOR_ Assessor Byron Fire Protection District BY DEPUTY AB:plp I i i REZONING APPLICATION #2813-RZ BYRON BUILDERS (Applicant) GLEN R. BERGENDASL (Owner) BYRON AREA BOARD OF SUPERVISORS CONTRA COSTA COUNTY DECEMBER 20, 1988 - 2:OO P.M. RESOLUTION NO. 71-1988 RESOLUTION OF THE EAST COUN'T'Y REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY BYRON BUILDERS (Applicant) AND GLEN K. BERGENDAHL(Owner) (2813-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BYRON AREA OF SAID COUNTY. WHEREAS, a request by Byron Builders (Applicant) and Glen K. Bergendahl (Owner) to rezone land in the Byron area from General Agricultural District (A-2) to Two Family Residential District (D-1) , was received on August 12, 1988; and WHEREAS, in connection with applicant' s requests, an Initial Study of Environmental Significance was prepared by the Community Development Department, dated October 3, 1988, which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on October 24, 1988, whereat all persons interested might appear and be heard; and WHEREAS, on Monday, October 24, 1988, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Byron Builders (Applicant) and Glen K. Bergendahl (Owner) ( 2813-RZ) be approved for change from General Agricultural District (A-2) to Two Family Residential District (D-1) , and that this zoning change be made as indicated on the findings map entitled: Page Q-27 of the County' s 1978 Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: The rezoning request is in compliance with the East County Area General Plan. BE IT FURTHER RESOLVED that the Chairman and the Secretary of the East County Regional Planning Commission shall respectively r • Page 2 Resolution No. 71-1988 sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, October 24, 1988, by the following. vote: AYES : Commissioners - Planchon, Nunn, Andrieu, Catanzaro, Dean-Freemire, Denham, Maybee, Harrison NOES: Commissioners - None ABSENT: Commissioners - Castiglione ABSTAIN: Commissioners - None I, Melissa Harrison, Chair of the East County Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Monday, November 14, 1988, and this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Castiglione, Andrieu, Catanzaro, Dean-Freemire, Denham, Maybee, Nunn, Harrison NOES: Commissioners - None ABSENT: Commissioners - Planchon ABSTAIN: Commissioners - None t of the East County Regional ng Commission, County of Contra State of California ATTEST: . Page 3 Resolution �No. 71-1988 I Se y o East County Regional Planning Commis on, County of Contra Costa, State of California AB:plp i i Findings Map T'I A-2 v 2813-Rz A•2 C 1= r a R' C MING DIAB 0 Rezone From A-2 To 0-1 SYRON Area IMELISSA HAR2/SOA/ ,Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy of PA64 q-2? Or 7WE CoLNTX.S /$7$ zON/ y i 4AO I indicating thereon the decision of the East County Regional Planning Commission in the matter of BYRON B�//LOEaPS I C irman of the East County Regional PI nning Cog PI of California ATTE tary ast County Regional Planning Coh i ion,State of California Agenda Item # i Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, OCTOBER 24, 1988 - 1:30 P.M. I. INTRODUCTION BYRON BUILDERS (Applicant) - GLEN K. BERGENDAHL (Owner) , County File #2813-RZ: The applicants request approval to rezone land from General Agricultural District (A-2) to Two Family Residential District (D-1) . Subject property is described as follows: Approximately .74 acres of land fronting for approximately 272 feet on the west side of Byron Highway northerly of the Byron Highway-Holaway Drive and Southern Pacific Railroad intersection in the Byron area. (CT: 3040.00) (Parcel 003-110-009) (Z.M.Q-27) II . RECOMMENDATION Adopt a resolution recommending that the Board of Supervisors approve 2813-RZ to rezone land from General Agriculture District (A-2) to Two Family Residential District (D-1) III . GENERAL INFORMATION A. General Plan: The subject property is designated Single Family Residential High Density on the Bryon Community Plan within the 19.78 Fast County General Plan. The area to the east is designated Commercial . Lands to the south are designated Light Industrial around railroad tracks .and Single Family Residential Medium Density to the west. Land directly to the west is designated Agricultural Core. B. CEQA Status: Negative Declaration posted for this project. C. Property Description: Site is flat, vacant piece of land. It is not presently used for agricultural purposes. D. Surrounding Area: The surrounding area is a mix of agricultural , some residential and commercial uses. IV. STAFF ANALYSIS The rezoning request is in compliance with the general plan. Presently a residence could be built on the site and under the D-1. zoning district, a duplex could also be built. Any additional development would require the approval of a subdivision to separate the property into additional building lots. The site has a gross area of about 32,000 sq. ft. Under duplex zoning, which allows a minimum lot size of 8,000 sq. ft. , approximately 3 parcels could be created allowing for 3 duplexes. This assumes that a future developer could meet the requirements of the conditions of approval for the minor subdivision. i 2 The development of the site will require connection to the Byron Sanitary Sewer. If only sewers are available, the East County General Plan policy sets a parcel size minimum of 1 acre. If both sewer and public water is available then the smaller parcels or lots are allowed. The Site has good access to Byron Highway. The site does not have access to Holaway Drive due to the location of the railroad along the westerly boundary of the site. V. CONCLUSION Based upon the fact that the rezoning request is consistent with the General Plan for the area staff recommends that 2813-RZ be approved. AB/df RZ9:2813-RZ.ab 10/5/88