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HomeMy WebLinkAboutMINUTES - 01251994 - H.6 H. 6 SE Contra TO: BOARD OF SUPERVISORS Costa O R�Jilii'�d y� County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT • �OSTA`CPI'1"I �titi4 DATE. January 11, 1994 OU SUBJECT: APPEAL OF SAN RAMON VALLEY REGIONAL PLANNING COMMISSION DENIAL OF REQUEST TO ALLOW TWO-STORY RESIDENCES ON THREE LOTS IN THE BETTENCOURT RANCH PROJECT IN THE DANVILLE/TASSAJARA AREA (File #3014-93) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DENY the appeal of Dame Construction Company and SUSTAIN the denial of the request by the San Ramon Valley Regional Planning Commission. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS A request was filed by Dame Construction Company to amend the conditions of approval of the Bettencourt Ranch Final Development Plan to allow two-story residences on three hillside lots. The request was justified by the applicant because: • the proposed two-story homes would not be significantly taller than the one-story home that otherwise would be built on this site; • that the lots are not very visible as seen from Camino Tassajara; and • that two-story units could be placed with greater setback to the nearby PG & E overhead electrical transmission lines. Such setback would presumably result in less exposure to the electromagnetic field (EMF) associated with the ransmission lines. CONTINUED ON ATTACHMENT: X YES SIGNATU�7 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMICLNE JTION OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Tanuary 25 ,_1_994 APPROVED AS RECOMMENDED OTHER x See attached Addendum A for Board of Supervisor ' s action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: 2 , 5 , I NOES: 3 ACTION TAKEN AND ENTERED ON THE ABSENT:_4 ABSTAIN: - MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Bob Drake 646-2091 ATTESTED January 25, 1994 _ cc: Community Development Department PHIL BATCHELOR, CLERK OF Dame Construction Company THE BOARD OF SUPERVISORS Mitch Avalon-Public WorksD CO Y ADMINISTRATOR County Counsel O BD:df Contra Costa Co. Fire Prot. Dist. BY , DEPUTY Page Two The matter was heard by the San Ramon Valley Regional Planning Commission on September 22, 1993 . After taking testimony, the Commission voted 3-1 to deny the request. On September 29, 1993, an appeal of the Commission's decision was filed by Dame. DISCUSSION The appeal letter raises no new issues that were not considered by the Planning Commission. Therefore, staff is recommending that, the Commission's denial decision be sustained. ALTERNATIVE ACTION Should the Board determine merit in the applicant's request, the Board may grant the appeal and approve the project provided that the Board is able to find that the Board can find that the proposal is consistent with Intent and Purpose of the applicable. Planned Unit (P-1) District. CEOA STATUS In the staff report to the Commission, staff indicated that additional environmental analysis would be necessary relative to the EMF issue raised by the applicant prior to any approval . The issue of the EMF was not addressed in the 1987 Environmental Impact Report for the Bettencourt Ranch project. No additional environmental review was performed on this project because staff was recommending denial of the project and did not wish the applicant to unnecessarily encumber additional processing expenses in order to reach a project decision. On further review of the CEQA issue, staff has concluded that additional environmental review would not be necessary in order for the County to approve the project. The reason for this conclusion is that there has been no credible scientific evidence that has been published on the hazards of EMF. The earlier conclusions on human health would not be made invalid based on speculated effects of EMF conditions. Therefore, for purposes of compliance with CEQA for this plan amendment request, the earlier EIR should be considered adequate. ADDENDUM A This is the time heretofore noticed for hearing on the appeal by Dame Construction Company, Inc. from the decision .of the San Ramon Valley Regional Planning Commission on a request by Dame Construction Company, Inc. (applicant and owner) to amend Final Development Plan 3034-88 to modify existing restrictions to allow the development of two-story residences on three hillside lots within the Bettencourt Ranch project (County File #3014-93) in the Danville/Tassajara area. Dennis Barry, Community Development Department, presented the staff report on the request for amendment of the conditions of approval of the Bettencourt Ranch Final Development plan to allow two-story- residences on three hillside lots. Mr. Barry commented on the San Ramon Valley Regional Planning Commission' s decision to deny the request and that the appeal raises no new issues that were not considered by the Planning Commission, therefore the staff recommendation is to sustain the denial decision. He advised that should the Board determine that there is merit in the applicant' s request, the Board may grant the appeal and approve the project provided the Board find that the proposal is consistent with the intent and purpose of the planned unit development district . The public hearing was opened and the following person appeared to testify: Michael Rupprecht, P.O. Box 1007, San Ramon, representing Dame Construction, Inc. , spoke in support of the requested change and he commented on issues including exposure to the electromagnetic field, lack of visual impact, and on written material he provided to the Board showing the elevation. The public hearing was closed. Supervisor Bishop commented on the visual impact of the Bettencourt Ranch and she moved to deny -the appeal and sustain the denial of the San Ramon Valley Regional Planning Commission. The motion died for lack of a second. Supervisor Powers commented that he could support the modifications on three houses. Supervisor Smith commented on the potential health and safety concerns outweighing the aesthetic concerns . Supervisor Torlakson moved to amend the final development plan and modify existing restrictions, including the finding that the modification is consistent with the intent and purpose of the P-1 District . Supervisor Smith seconded the motion. IT IS BY THE BOARD ORDERED that Final Development Plan 3014- 93 is AMENDED and the existing restrictions on the three lots are MODIFIED to allow two-story homes .