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HomeMy WebLinkAboutMINUTES - 12201988 - T.7 T. 7 TO: BOARD OF SUPERVISORSContra FROM: Harvey E. Bragdon, C )sta Director of Community Development DATE: November 4, 1988 SUBJECT: Rezoning Application 2807-RZ, Daniel & Jorraine Sullivan (Applicants & Owners) , requesting approval to rezone 3. 07 acres from General Agricultural District (A-2) to Single Family Residential District (R-40) in the Walnut Creek area. (S.D. III) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as being complete and adequate. 2. Approve rezoning application 2807-RZ from A-2 to R-40 as recommended by the County Planning Commission on October 11, 1988. 3 . Adopt the County Planning Commission' s findings as set forth in its Resolution No. 64-1988 as the basis for your Board' s decision. 4. Introduce the ordinance giving effect to the rezoning; waive reading and set date for adoption of same. CONTINUED ON ATTACHMENT: YES SIGNA 4. (4�4_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIdN OF BOV COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 20 , 1988 APPROVED AS RECOMMENDED X OTHER This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, the public hearing was opened and no one appearing in opposition, the public hearing was closed. On recommendation of Supervisor Schroder, IT IS BY THE BOARD ORDERED that recommendations 1, 2, `qT and 4 are APPROVED; and as in recommendation 4, Ordinance No. 89-2 is INTRODUCED, reading waived and January 10 , 1989 is set for adoption of same. 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 .Attn: Mary Fleming PHIL BATCHELOR, CLERK OF Daniel & Jorrai ne Sul l v_an THE BOARD OF SUPERVISORS Public Works-Tom Dud_zax> AN COUNTY ADMINISTRATOR Assessor Consolidated Fire Protection Dist. BY e , DEPUTY �a ao 7 In, News i 2807-RZ DANIEL C. & JORRAINE A. SULLIVAN (APPLICANTS & OWNERS) REQUEST APPROVAL TO REZONE 3.07 ACRES FROM GENERAL AGRICULTURAL DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (R-40) PROPERTY IS DESCRIBED AS BEING LOCATED ON THE NORTH SIDE OF BRODIA WAY WALNUT CREEK AREA. L RD OF SUPERVISORS TRA COSTA COUNTY EMBER 20, 1988 - 2:00 P .M. TO: BOARD OF SUPERVISORS +ra FROM: Harvey E. Bragdon, 11cbstc Director of Community Development Courty DATE: November 4, 1988 SUBJECT: Rezoning Application 2807-RZ, Daniel & Jorraine Sullivan (Applicants & Owners.) , requesting approval to rezone 3.07 acres from General Agricultural District (A-2) to Single Family Residential District (R-40) in the Walnut Creek area. (S.D. III) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as being complete and adequate. 2. Approve rezoning application 2807-RZ from A-2 to R-40 as recommended by the County Planning Commission on October 11, 1988. 3. Adopt the County Planning Commission's findings as set forth in its Resolution No. 64-1988 as the basis for your Board's decision. 4. Introduce the ordinance giving effect to the rezoning; waive reading and set date for adoption of same. CONTINUED ON ATTACHMENT: YES SIGNATUR4 _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATICIN OF BOAR1A COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _ UNANIMOUS (ABSENT ) 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 Attn: Mary Fleming PHIL BATCHELOR, CLERK OF Daniel & Jorraine Sullivan THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY NOTIFICATION LIST - Daniel & Jorraine A. Sullivan (2807-RZ) Daniel & Jorraine Sullivan City of Walnut Creek 121 Brodia Way Planning Department . Walnut Creek, Calif. 94598 1666 North Main StreetWalnut Creek, Calif. 94596 L & B Development 5016 Forni Drive #F Concord, Calif. 94520 Equiphil Investors Primo Quesada 5429 Telegraph Avenue Oakland, California 94609 Val & Tre Senaysky 140 Arbol Via Walnut Creek, Calif. 94598 James & Barbara Reiner 1904 Olympic Boulevard #8 Walnut Creek, Calif. 94596 William & Dianna Stopford 363 La Casa Via Walnut Creek, Calif. 94598 John Huberty & Christine Mauro 111 Brodia Way Walnut Creek, Calif. 94598 Paul & Jean Graves 2200 Tice Creek Drive 7'71 Walnut Creek, Calif. 94595 Scott & Sandra Rovanpera 449 La Casa Via Walnut Creek, Calif . 94598 Robert & Elaine Hammill 396 La Casa Via Walnut Creek, Calif . 94598 Resolution No. 64-1988 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDA- TIONS ON THE REQUESTED CHANGE IN ZONING BY DANIEL AND JORRAINE SULLIVAN (APPLICANTS AND OWNERS) , (2807-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE WALNUT CREEK AREA OF SAID COUNTY. WHEREAS, a request by DANIEL & JORRAINE SULLIVAN (Applicants & Owners) , ( 2807-RZ) , requesting approval to rezone approximately 3. 07 acres of land from General Agricultural District (A-2) to Single Family Residential District (R-40) , was received by the Community Development Department on July 27, 1988; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on September 22, 1988; and WHEREAS, after notice thereof having been lawfully given a public hearing was scheduled for this application for Tuesday, October 11, 1988, whereat all persons interested therein might appear and be heard; and WHEREAS, the County 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 County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the request to rezone 3 . 07 acres from General Agricultural District (A-2) to Single Family Residential District (R-40 ) be APPROVED, as is indicated on the findings map entitled: PAGE N-15 OF THE COUNTY' S 1978 ZONING MAP, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reasons for this recommenda- tion are as follows: 1. The requested R-40 zoning is consistent with General Plan land use designations, which allows 0-1 dwelling units per net acre. 2. The requested R-40 zoning is consistent with the pattern of parcelization in the La Casa Via area which now includes many lots 1-2 acres in size and will maintain low-density single family residential development. BE IT FURTHER RESOLVED that the Chair and Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instructions by the Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, Resolution No. 64-1988 October 11,1988, by the following vote: AYES: Commissioners - Davis, Nimr, Feliz, Lane, Whitney. NOES: Commissioners - None. ABSENT: Commissioners - Accornero, Aiello. ABSTAIN: Commissioners - None. I, Juanita Whitney, Chair of the 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 Tuesday, October 25, 1988, and that this resolution was duly and regularly passed and adopted by the following vote of the Commiss- ion: AYES: Commissioners - Aiello, Accornero, Nii=, Feliz, Lane, Whitney. NOES: Commissioners - None. ABSENT: Commissioners - Leslie K. Davis. ABSTAIN: Commissioners - KMe. air of the Planning Co fission, Contra Costa County, Sta e of California. ATTEST• �� f Se t y o e Planning Commission, C Costa oun Jy, State of California. err r)cjirl gs map R p R.4 p f '2 Rezone From To JUANII'A Ek' plonnin wHITNFY Area 9 Comm l -_' that thi ssion S Chair of y978 2.�is o true and °pact cQ alifon1l., d© h he Contra COsta 4,-' PY of p�GE �V hereby oerti}y County Indicotin8 therepn E C��tir .S the decision of Commission • ecisi in the rnOtter or the C. C.ontro Costo Count Y p/oM i n9 ATTES hair Of lannin9 Co the Contra C mmission,State of�alifor Z retory nia nnin9 Ce ntro Costo Count mmi 'On, State o{ Calif. , Agenda Item # i Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY, OCTOBER 11. 1988 - 7:30 P.M. i. INTRODUCTION DANIEL & JORRAINE SULLIVAN (Applicants and Owners) , County File # 2807-RZ: The applicants request approval to rezone approximately 3.07 acres of land from the General Agricultural District (A-2) to Single Family Residential District (R-40). Subject property is described as follows: 3.07 acres of land located on the north side of Brodia Way in the Walnut Creek area (#121 Brodia Way) (A-2) (ZA:N15) (CT 3383.02) (APN 140-170-003) II . RECOMMENDATION Approval . III . GENERAL INFORMAriON A. General Plan Designation: Country Estate. Single Family Residential Very Low Density (General Plan Amendment 78-3A) . B. Current zoning: A-2, General Agriculture. Proposed zoning: R-40, Single Family Residential . C. CEQA Status: Negative Declaration of Environmental Significance Posted September 22, 1988. IV. PROPOSAL The applicants request approval to rezone approximately 3.07 acres of land located on the north side of Brodia Way (#121 Brodia Way) from the A-2, General Agriculture District, to the R-40, Single Family Residential District. V. AGENCY COMMENTS A. Contra Costa County Consolidated Fire District - See attached letter dated September 2, 1988. B. Central Contra Costa Sanitary District - See attached letter dated August 17, 1988. C. East Bay Municipal Utility District - See attached letter dated August 11, 1988. D. City of Walnut Creek - See attached letter dated September 13, 1988. The City of Walnut Creek has no objections to the proposed rezoning. 2 i G VII . BACKGROUND On December 21, 1987, the County Zoning Administrator approved a minor subdivision (MS #67-87) to divide the subject property into 3 lots. The approved lot sizes were consistent with the 40,000 sq. ft. minimum lot area standard of the R-40, Single Family Residential District. The approved lot sizes were as follows: Lot A 40,466 sq. ft. net area Lot B 41,059 sq. ft. net area Lot C 40,432 sq. ft. net area The approval was conditioned upon the applicant filing and obtaining rezoning approval for the subject property from General Agriculture (A-2) to Single Family Residential (R-40) , prior to filing and recording the Parcel Map. The applicants are now requesting that the subject property be rezoned to the R-40, Single Family Residential District, as per condition of approval number 2 of minor subdivision MS67-87. VI. ANALYSIS The proposed rezoning is consistent with the General Plan land use designation for the subject property, "Country Estate, Single Family Residential District - Very Low Density" which allows 0-1 dwelling units per net acre. The rezoning proposal is also consistent with the designated density range for Area 2 in Specific Plan No. 6 for the La Casa Via Area adopted by the City of Walnut Creek, which requires one acre minimum lot sizes. (The City of Walnut Creek has reviewed the rezoning proposal and submitted written comments indicating that they have no objections to the proposed rezoning. See attached letter dated September 13, 1988. ) The proposed rezoning is consistent with the pattern of parcelization in the La Casa Via valley area, which includes many lots which are 1-2 acres in size. The proposed rezoning is further consistent with recent rezoning and minor subdivision actions in this area. The R-40 zoning class will maintain low-density single family residential development and allow equestrian setups, which is in keeping with the rural-residential character of the valley area. It is an appropriate zoning classification for the property given the existing lot sizes in the area and the long range plans for the La Casa Via area. VII . CONCLUSION Staff recommends that the Planning Commission recommend to the Board of Supervisors approval of 2807-RZ to rezone the subject property from the General Agriculture District (A-2) to the R-40 Single Family Residential District. JH/df RZ9:2807-RZ.jh California EnijtronmentalQuality Act NOTICE OF Completion of Environmental Impact Report xx Negative Declaration of Environmental Significance CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ, CALIFORNIA 94553.0095 Telephone: (415) W12 2031 Contact Person Jane Hershberger Project Description and Location: DANIEL C. AND JORRAINE A. SULLIVAN (Applicants and Owners), County File . The applicants request approval to rezone approximately 3.07 acres of land from General Agricultural District (A-2) to Single Family Residential District (R-40). Subject property is described as follows: 3.07 acres of land located on the north side of Brodia Way U/121 Brodia Way), in the Walnut Creek area. (ZA: N1.5) (CT 3383.02) (Parcel #140-170-003) The Initial Study does not identify any significant environmental impacts associated with the rezoning proposal. The proposal is consistent with the County General Plan (land use designation: Country Estate) and with the City of Walnut Creek's Specific Plan No. 6 (Area 2) for the La Casa Via area. It is also.noted that a Negative Declaration of Environmental Significance was posted for the related minor subdi- vision proposal, MS 67-87. Justification for Negative Declaration is attached. The Environmental Impact Report is available for review at the address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration Building 651 Pine Street Martinez, California Review Period for Environmental Impact Report or Negative Declaration: � thru By AP 9 R 5/87 Community eve op, ent Department Representative