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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.