HomeMy WebLinkAboutMINUTES - 10221991 - D.1 -D. i
TO BOARD OF SUPERVISORS
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FROM: Harvey E. Bragdon, - ,,�--,,n,�.,�tra
Director of Community Development
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CoDATE'. October 1, 1991 os;.. .:__...Co
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SUBJECT: Adoption of Findings for the Denial of Subdivision 7451, A
Request to Subdivide 4. 58 Acres of Land into 14 lots
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt the findings as set forth in the Attachment as the deter-
minations in these actions and to disapprove the tentative map
for Subdivision 7451.
BACKGROUND
This was an appeal of the County Planning Commission's approval.
of Subdivision #7451 for 12 lots. Both the applicant ,and a
neighbor appealed the County Planning Commission's decision,
approving the subdivision for 12 lots. The applicant appealed
the decision of the County Planning Commission limiting`, the
development to 12 lots. A neighbor appealed the County Planning
Commission's approval of the project, in part, because of a lack
of definitive and adequate mitigation of potential adverse
impacts (traffic, soils, etc. ) of the proposed subdivision and
concern about completion of adequate environmental studies.
The Board first heard this application on July 9, 1991 where both
the applicant and the appealing neighbor spoke and presented
evidence for their positions. The Board closed the hearing and
set July 23, 1991 as the date to render a decision after field
visits by Board members.
On July 23 , 1991 the Board declared its intent to deny the
application and requested staff to prepare findings for a
disapproval decision. Such findings are attached as Exhibit A.
CONTINUED ON ATTACHMENT; YES SIGNATURE:
RECOMMENDATION ,OF COUNTY ADMINISTRATOR RECOMMEND1 FBOA COMMITTEE
APPROVE OTHER
SIGNATURE(S1:
ACTION OF BOARD ON Or f ohPr 22 , 1991 APPROVED AS RECOMMENDED _ OTHER
On recommendation of Supervisor Powers , IT IS BY THE BOARD ORDERED that
the findings asset forth in Exhibit A are ADOPTED as the determinations
for these actions and the tentative map for Subdivision 7451 is DENIED
WITHOUT PREJUDICE.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON TFC MI.;NUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Council ATTESTED .Oc.t_aber 22�_._1991
Public Works Department PHIL BATCHELOR. CLERK OF THE BOARD OF
JEDCO Engineering SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development
BY =L At DEPUTY
' 382%7-83
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EXHIBIT A
RESOLUTION OF THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA INCORPORATING
DENIAL AND FINDINGS PERTAINING TO
SUBDIVISION #7451 FOR PROPERTY IN THE
EL SOBRANTE AREA
WHEREAS, on December 22, 1989 JEDCO Engineers (applicant) and M. Awad A1-Kundari
(Owner) filed application requesting approval of a tentative map (Subdivision
#7451) to subdivide 4.58 acres into 14 lots; and
WHEREAS, the subject property fronts 370 feet on the westerly side of La Paloma
Road, approximately 70 feet south of the La Paloma-McCormick Road intersection
in the E1 Sobrante area; and
WHEREAS, for purposes of compliance with the California Environmental Quality
Act, and the State and County CEQA Guidelines, a Negative Declaration of
Environmental Significance was posted by staff on September 28, 1990 and
comments thereafter received in October, 1990 that the negative declaration
documents does not provide an adequate environmental analysis of the potential
impacts that could result from the development of the subdivision; and
WHEREAS, this tentative map application was scheduled for public hearing before
the County Planning Commission for Tuesday, March 26, 1991, whereat all persons
interested therein might appear and be heard; and
WHEREAS, on March 26, 1991 the application was rescheduled for public hearing
for March 23, 1991; and
WHEREAS, on April 23, 1991 there was no quorum; therefore, the application was
rescheduled for the May 14, 1991 Commission meeting; and
WHEREAS, on May 14, 1991 the public hearing was held by the County Planning
Commission whereat all persons interested therein might appear and be heard; and
WHEREAS, on May 14, 1991 the County Planning Commission approved this applica-
tion for 12 lots rather than the 14 proposed, subject to conditions of approval,
some of which conditions require further studies and reports (geology, soil,
etc. ) before a final map for Tract 7451 could be recorded; and
WHEREAS, following the County Planning Commission's decision the applicant and a
neighbor both appealed the County Planning Commission's decision; and
WHEREAS, on July 9, 1991 having reviewed and considered the record made avail-
able to the Planning Commission and the Board, including but not limited to the.
County General Plan, the Initial Study and the Negative Declaration of Environ-
mental Significance for the proposal and the staff report prepared by the
Community Development Department, dated May 14, 1991 including conditions for
approval, together with the letters of appeal and other evidence and testimony
in the public record and as otherwise know to it, the Board of Supervisors
announced its intent to deny the appeal of the applicant and grant the appeal of
the neighbor denying Subdivision #7451 and instructed staff to prepare findings
for a proposed denial of the Subdivision (#7451) at a subsequent meeting; and
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NOW, THEREFORE, BE IT RESOLVED that after having considered all of the evidence
and testimony made available to the •Board with respect to the Subdivision appli-
cation (SUB #7451) , including those documents and evidence previously referenced
and incorporated herein, the Board hereby denies approval of the tentative map
for Subdivision #7451. In connection therewith, this Board hereby makes and
adopts the following findings:
A. 1. Environmental Documentation. This Board cannot and does not accept
the environmental documentation (negative declaration, etc. ) as
adequate.
This Board has not been provided with a sufficient and adequately
completed study of the potential environmental significance of
proposed Subdivision 7451 and, therefore, has not been adequately
advised as to the possible extent of some possible significant adverse
environmental impacts (geology, soil conditions, traffic safety, etc. )
that may result from the proposed subdivision and possible adequate
mitigation or other measures to address those impacts. For this
reason, this Board presently has no adequate basis upon which to
approve the requested entitlement for Tract• 7451 and be in full
compliance with the provisions of the California Environmental Quality
Act (CEQA) .
2. If further studies are required to identify the scope of some initial
impacts (soils, geology, etc. ) , their completion after the Board no
longer has any discretion to require adequate mitigation measures
would not be in full compliance with CEQA.
B.. Findings required under the Subdivision Map Act (Government Code Section
66410 et seq. )
This Board hereby finds that based upon the partial and incomplete environ-
mental and related data before it, the particular location of the proposed
subdivision and its access onto the public road way could create an extreme
traffic hazard dangerous to the public contrary to the County General Plan.
C. Findings required under the Subdivision Map Act. This Board hereby finds
that:
1. The site appears not to be physically suited to the type of develop-
ment proposed. The poor access situation and danger to traffic and
pedestrians that a road intersecting La Paloma Road in this particular
area could constitute an unwarranted hazard. Further, there appear to
be soils slumps and slides on the site that will be difficult and
expensive to repair but not adequate information has been developed. on
this.
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2. It appears the design of the subdivision and its proposed improvements
may cause serious public health problems. The traffic conflicts that
may developed from this project could create a serious public safety
problem along La Paloma Road.
3. The Board has considered the fact that while this development will
provide for additional housing its requirements for additional fiscal
resources required as a result of the proposed development and
possibly significant. The Board has determined that the possible
adverse public fiscal needs and liability of the project out weigh the
benefits to housing stock development that it would bring based upon
the present lack of sufficient delineative information to determine
how these possible adverse impacts could be adequately mitigated.
BDIV/R7451.AB