The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10101989 - 2.3 s .:.,...-.. ........_. _' ........_..u. ._." ._...�....._.:_......_._iJ':+:r.... .t!_»__._....,_,._...... .......:..__...,._....+.....'..+.=..1.._a.L.•._.r..i-......_e.J..u.. r....w.y_uW...rar1'iL[l:L.ssa �iu.. ..a w...._ . .., 2. 3 TO: "- B6ARD OF SUPERVISORS FROF.: Harvey E. Bragdon Co !M ! Director of Community Development Costa DATE: August 17, 1989 Cort/ SUBJECT: Hearing on appeal of Rezoning Application #2841-RZ to rezone 3.67 . acres from General Agricultural District (A-2) to Single Family Residential (R-20) , and Minor Subdivision #2-89, located at #15 Caminc Monte Sol, in the Alamo area, filed by Harry C. Nelson (Applicant & Owner) (APN 193-030-002) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Deny the appeal of the applicant. 3. Approve Rezoning Application #2841-RZ to R-40 as recommended by the San Ramon Valley Regional Planning Commission. 4. Approve Minor Subdivision 2-89 subject to the attached conditions. 5. Adopt the San Ramon Valley Regional Planning Commission' s findings as set forth in Resolution No. 33-1989 for the rezoning application and the attached findings for Minor Subdivision 2-89, as the determination for these actions. 6. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. BACKGROUND/REASONS FOR RECOMMENDATIONS This matter was heard by the San Ramon Valley Regional Planning Commission on August 2, 1989. The Commission voted (5-1)ton, approve the requested number of parcels (three) but required a revised site plan as recommended by staff to provide larger parcels. The larger parcels were required in recognition of the site' s limited building area. Much of the property has slopes that are too steep to build on or that lie on a potentially hazardous creekbank. Concomitantly, the Commission voted to recommend rezoning to R-40 to fit the approved site plan. On August 8, 1989, Harry Maes, the applicant's engineer, appealed the Commission's action (attached) . The applicant is .requesting approval of R-20 zoning and the original site plan as submitted. The reasons stated in the appeal are ones which were presented to the Commission at the August 2nd hearing. No new .information has been submitted. Accordingly, staff is recommendingthat the Commission's action be sustained. CONTINUED ON ATTACHMENT: AYES J4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND OF 110Acolon TTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON October 10,. 1989 APPROVED AS RECOMMENDED X OTHER X On October 3 , 1989, the Board of Supervisors deferred for decision to this date the matter of the recommendation of the San Ramon Valley Regional Planning Commission on the request ( 2841-RZ) by Harry C. Nelson (applicant and owner) to rezone 3.67 acres of land from General Agricultural (A-2) to Single Family Residential (R-20) ; and to consider the appeal by Harry C. Nelson (appellant) from the decision of the San Ramon Valley Regional Planning Commission on the request to rezone land ( 2841-RZ) by Harry C. Nelson (applicant and owner) from General Agricultural (A-2) to Single Family Residential (R-20) and the request by Harry C. Nelson (applicant and owner) to divide 3.67 acres into three parcels (MS 2-89) in the .Alamo area. Supervisor Schroder commented on issues including that the appeal has no effect on increasing the density but that it would have an effect on the location of the buildings and that because of the configuration of the present building on the parcel of property, it would be his recommendation to accept the environmental documentation prepared for the project as being adequate and grant the appeal of the applicant and approve the rezoning of the application to R-20. He wished the findings to include that the R-15, R-20 and R-40 zoning districts are all conformable to the General Plan designation for this particular site and that the General Plan for this site area has been formulated to follow greater densities along the valley floors and lessen intensive development along the ridgetops and hillsides. He commented on this being a transitional area. IT IS BY THE BOARD ORDERED that recommendations 1, 4, and 6 are APPROVED; and the appeal of Harry C. Nelson from the decision of the Planning Commission on Rezoning Application 2841-RZ is GRANTED; and Rezoning Application 2841-RZ is APPROVED to rezone the site from General Agricultural District (A-2) to Single Family Residential (R-20) ; and Minor Subdivision 2-89 is APPROVED as recommended by the San Ramon Valley Planning Commission subject to the attached conditions (Exhibit A attached) ; and as in recommendation 6, Ordinance No. 89-58, giving effect to the rezoning, is INTRODUCED, reading waived, and October 17, 1989 .is set for the adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT II ) 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 October 10 ,., 1989 Harry C. Nelson PHIL BATCHELOR, CLERK OF Harry Maes y THE BOARD OF SUPERVISORS Alamo Improvement Assn. COUNADMINISTRATOR Public Works-Tom Dudziak Consolidated Fire Protection Dist. BY (L79DEPUTY CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 2-89 (NELSON) PER 10/10/89 BOARD OF SUPERVISORS APPROVAL 1. This application is approved for three parcels as generally shown on the tentative map accompanying the application. 2. Prior to filing a parcel map, the applicant shall submit evidence to the Public Works Department that the property has been rezoned to Single Family Residential , R-20. 3. All of the tree identified on the tentative map are designated as heritage trees under the heritage tree code and may not be destroyed without the prior approval of the Zoning Administrator. 4. At least 30 days prior to filing a building or grading permit on Parcel B, residential site plans shall be submitted for the review and approval of the Zoning Administrator. The principal objective of the review will be to assure the protection of the heritage oak tree in the center of the buildable area. The site plans shall be accompanied by a report from a qualified arborist including recommendations for the preservation of the tree during the construction and post-construction phases of development. The report recommendations shall be incorporated into the design of the site plan. 5. Comply with the requirements of the Health Services Department. Domestic water supply shall be provided by East Bay Municipal Utility district, sewage disposal shall connect to Central Sanitary District. Abandoned septic tanks and wells to be destroyed in accord with Department require- ments. 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 to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. 2 Designing and constructing storm drainage facilities required by . the Ordinance in compliance with specifications outlined in Dim vision 914 of the Ordinance and in compliance with design stan- dards of the Public Works Department. G'V I1U ll U 1 � 2 3 Verifying that Miranda Creek through the site and the culvert under Camino. Monte. Sol is adequate to convey the required design storm (based on the size of the watershed) and, if necessary, constructing improvements to guarantee adequacy. 4. Verify the structural condition of the culvert under Camino Monte Sol and repair or replace as necessary. 5. Verifying that all finished floor elevations are above the 100- year flood elevation. 6. Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor. 7. Submitting improvement plans prepared by a registered civil en- gineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. 8. Relinquishing "development rights" over that portion of the site that is within the structure setback area of Miranda Creek. The structure setback area shall be as shown on the Tentative Map. B. Improve the access road to a 16 foot wide paved roadway to serve all parcels in this proposed subdivision. C. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Miranda Place. D. Mitigate the impact of the additional storm water run-off from this development on San Ramon Creek by: 1. Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek. near Chaney Road for each 50 square feet of new impervious surface area created by the de- velopment. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. E. Mitigate the impact of the additional storm water run-off from this development on Miranda Creek by: 1. Removing 1 cubic yard of channel excavation material from the inadequate portion of Creek for each 50 square feet of new im- pervious surface area created by the development. All excavated— material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. i G • it , ` 3 ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. B. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. Currently the fee for the Alamo region of the County is $2,201 for each added single family residence. D. Upon written request, the applicant may make a cash payment in lieu of ac- tual excavation and removal -of material from the Creeks. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on the Creeks annually. E. Comply with the requirements of the San Ramon Valley Fire Protection Dis- trict. I BD/GA/df MS23:MS2-89c.bd 7/24/89 Revised pUSRVRPC 8/2/89 10/13/89 I MUM 1. MAES & ASSOCIATES 1603 Oak Park Blvd. Pleasant Hill,CA 94523 (415)947-0733 August 8, 1989 Contra Costa County Community Development Contra Costa County, CA Subject : Minor Subdivision MS 2-89 Tentative Map Application Gentlemen: In response to the San Ramon Valley Review Board 's decision on August 2, 19899 to rezone the subject parcel to R-40, I would like to appeal its decision based on the following: * The tentative map proposes rezoning an A-2 parcel to R-20 in conformance with the County's General Plan. Lot configurations are in accordance with the County's zoning requirements for R-20. The proposed lots are a minimum 30,000 net square feet when only 20,000 net square feet are needed. There was no opposition from the surrounding neighbors regarding the rezoning of this parcel . The elevation of the proposed rezoning area is less than 450 feet, as opposed to the high density Stonegate area which currently has new construction well above 600 feet in elevation. Therefore, the rezoning area may be classified as lying within the valley floor as Stonegate currently does. If you have any questions or require any further information, please contact me at '(415) :947-0733. Sincerely, rn t�D cz HARRY MAE G ; RCE x-9189 r' Cn a n� " KANL MAES & ASSOCIATES 1603 Oak Park Blvd. August 149 1989 Pleasant Hill,CA 94523 (415)947-0733 Contra Costa County Community Development Contra Costa County, CA Subject : Minor 'Subdivision MS 2-89 Tentative Map Application and Conditions of Approval Gentlemen: In response to the Contra Costa County's conditions of approval for MS 2-89 to rezone the subject parcel to R-40, I would like to appeal its staff recommendation based on the following: Mr . Nelson currently does not own any horses, in addition, he has expressed his concern to maintain his property free of horses and the discomforts of having horses in the `' w . s 'neighboring' area. The staff recommendation would enable a new owner of parcel B to potentially have horses within 50'+/- of Mr . Nelson's home. The tentative map proposes rezoning ;an A-2 parcel to R-20 - ' in conformance with the County's General Plan. +� :Lot configurations are :in accordance .with the County's zoning requirements. :The proposed lots are a minimum = ::..: ,.309000 net square feet when only 209000 net square feet 'is needed. . :There 'was no opposition from the surrounding neighbors regarding the rezoning of this parcel. ro os The e. . p p d rezoning area is less than 450 feet in � elevation, as I - opposed to the high density Stonegate area which currently has new construction well above 600 feet - 'in elevation. Therefore, the rezoning area may be classified As lying within the valley floor as Stonegate ,.y currently does. If you have any questions or require any further information, please contact me at (415) 947-0733. CID Sinc rely, _ m a RCE 19189 .•4�