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HomeMy WebLinkAboutMINUTES - 11141995 - D.4 D4 . s E .t • =0 Contra TO: BOARD OF SUPERVISORS nt _ Costa County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: November 14, 1995 SUBJECT: HEARING ON THE APPEAL OF JON BERNARDO (APPLICANT & OWNER) , COUNTY FILE #MS11-94 FROM THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION BOARD OF APPEALS DECISION TO GRANT MR. & MRS. BROOME'S APPEAL TO REQUIRE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR MINOR SUBDIVISION 11-94 ON SEPTEMBER 20, 1995. SUBJECT PROPERTY IS LOCATED IN THE ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept staff's request and reschedule the hearing to November 28, -y 1995 i at 2 P.M. BACKGROUND/REASONS FOR RECOMMENDATIONS PROJECT DESCRIPTION ,In September 1994, the applicant requested approval to subdivide a 3 acre parcel into 4 lots, with variances to lot widths of 113 feet on Parcel C and 106 feet on Parcel D (120-foot minimum required) . A Mitigated Negative Declaration was prepared and posted from May until June 1995. The applicant has submitted a letter stating that he accepts the mitigation measures. ZONING ADMINISTRATOR REVIEW The project was heard by the County Zoning Administrator on July 31, 1995 and August 14, 1995. During this time, the applicant submitted a revised vesting tentative map ' showing ' the reconfiguration of Lots C and D required to comply with minimum lot width requirements and eliminate the need for variance permits. The Zoning Administrator approved the revised vesting tentativ map to subdivide the 3-acre parcel into 3 lots (A, C, and D) it revised conditions of approval. CONTINUED ON ATTACHMENT: . x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI N fOAMD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 14, 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x 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. Contact:EDY ZWIERZYCKI Orig: Community Development Department ATTESTED November 14, 1995 cc: Bernardo Construction PHIL BATCHELOR, CLERK OF Mr. & Mrs. Broome THE BOARD OF SUPERVISORS Public Works Department D OUNT DMINISTRATOR EZ/df BY , DEPUTY MS11-94 .bo Page Two SAN RAMON VALLEY REGIONAL PLANNING COMMISSION REVIEW The applicant, Jon Bernardo, and adjacent property owners, Mr. and Mrs. Broome, appealed (two different appeals) the Zoning Administrator's decision to the San Ramon Valley Regional Planning Commission (SRVRPC)'. The Commission heard the appeals on September 20, 1995. Jon Bernardo appealed the revised conditions that eliminate Lot B and limit the height of residences to 25 feet. Mr. and Mrs. Broome appealed the Zoning Administrator's decision requesting that certain conditions be amended to require additional environmental safeguards. In addition, Mr. and Mrs. Broome requested that an Environmental Impact Report be prepared before allowing the applicant to begin construction work at the subject property. The appellants' concerns and staff's responses are provided in the Board of Appeals Staff Report to the San Ramon Valley Regional Planning Commission (9-20-95) . After taking testimony, the Planning Commission unanimously recommended that an Environmental Impact Report (EIR) be prepared prior to making a decision on the project. APPLICANT'S APPEAL TO THE BOARD OF SUPERVISORS Following the Commission's action, the applicant, Jon Bernardo, appealed the San Ramon Valley Regional Planning Commission's decision to require preparation of an EIR. The Community Development Department staff initially scheduled the applicant's appeal to the Board of Supervisor's for October 17, 1995 per Section 66452 .5 of the Subdivision Map Act which requires that a hearing be held within 30 days after the date of filing the appeal. APPLICANT'S REQUEST TO RESCHEDULE HEARING In the attached letter dated October 10, 1995, the applicant, Jon Bernardo, requested that his appeal to the Board of Supervisor's be heard after October 17, 1995. The Applicant has indicated verbally to staff that rescheduling of the hearing to November 14, 1995 is acceptable. COMMUNITY DEVELOPMENT DEPARTMENT'S REQUEST TO RESCHEDULE HEARING Dennis Barry, Deputy Director of the Community Development Department requested that staff reschedule the hearing, yet again, to the November 28, 1995 hearing because the Gun Control Ordinance is expected to dominate the November 14, 1995 hearing. The applicant has indicated verbally to staff that rescheduling the hearing to November 28, 1995 is acceptable.