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Home My WebLink AboutMINUTES - 10211997 - D4 _............ D. 'i Contra • s Costa TO: BOARD OF SUPERVISORS Mtn County 1 ;�o FROM: DENNIS M. BARRY, AICP , �•,; - •c3 INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT °SrA coUKCt DATE: September 28, 1997 SUBJECT: Public Hearing on the County Planning Commission recommendation to approve a Rezoning application (County File #RZ973048) and a Final Development Plan application (County File #DP973004) for a single family residential project (DeBolt Civil Engineering - Applicant; McManus Trust - Owner) in the Walnut Creek/North Gate area SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Adopt the (Mitigated) Negative Declaration as adequate. 2 . As recommended by the County Planning Commission: A. Adopt the proposed rezoning of the site to Planned Unit (P-1) District . B. Adopt the proposed Final Development Plan allowing up to 9 single family residences with conditions . 3 . Adopt the recommended findings . 4 . Adopt the Mitigation Monitoring Program. 5 . Introduce the ordinance giving effect to the rezoning, waive reading and set date for adoption of same. 6 . Direct staff to post a Notice of Determination with the County Clerk. FISCAL IMPACT None. The applicant has paid initial application fees, and is responsible for any staff expenses exceeding 1200W of the initial fee amount . CONTINUED ON ATTACHMENT: X YES SIGNATURE �n RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TTEE APPROVE OTHER SIGNATURE (S) ACTION OF BOARD ON October 21, 1997 APPROVED AS RECOMMENDED x OTHER See addendum for Board action. 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 : Bob Drake [ (510) 335-12141 Orig: Community Development Department ATTESTED October 21, 1997 CC: DeBolt Engineering PHIL BATCHELOR, CLERK OF McManus Trust THE BOARD OF SUPERVISORS Public Works Dept . MINISTRATOR City of Walnut Creek BYnmmr0CJ0AUN DEPUTY c :\wpdoc\rz973048 .bo RD\ ` r BACKGROUND/REASONS FOR RECOMMENDATIONS . This project consists of three applications which were filed with the County on February 19, 1997 . The applications include a request to rezone the site from General Agricultural, A-2, to Planned Unit District, P-1; a request for Final Development Plan approval ; and a request for vesting tentative map approval . The site is located on an 11 acre site consisting of rolling terrain near the north gate entrance to Mount Diablo State Park. The North Gate area is transitioning from rural residential to "executive- style" residences . Several recent single family residential projects are under construction in the vicinity. In 1991, the County and City of Walnut Creek jointly adopted a specific plan for the North Gate area which includes this site. This project began with a request for 10 single family residential lots but was subsequently reduced to 9 lots ranging in size from 30, 000 square feet to 65, 000 square feet (approximately 1.5 acres) . The City of Walnut Creek supports the proposed project . The County Planning Commission heard all three applications on September 9 and September 23, 1997 . The Commission concluded that the project as recommended would be consistent with the North Gate Specific Plan, and recommends to the Board of Supervisors approval of the P-1 rezoning and Final Development Plan. The Commission also approved the Tentative Map application, which the Commission has authority to approve on its own.' No appeal having been filed on the Commission' s approval of the Tentative Map approval, that decision stands as rendered. There were relatively few public comments on this project . 'The Commission approval of the tentative map was made contingent on the Board' s adoption of the Planned Unit District zoning and adoption of a conforming Final Development Plan. ADDENDUM TO ITEM D.4 OCTOBER 21, 1997 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Contra Costa County Planning Commission on the request by DeBolt Civil Engineering (applicant) and McManus Trust (owners) to rezone approximately 10 . 88 acres of land from General Agricultural (A-2) to Planned Unit Development (P-1) (File RZ 97-3048) and request for approval of a final development plan for nine single family residential lots (File DP 97-3004) in the Walnut Creek/North Gate area. Dennis Barry, Interim Director, Community Development Department, presented the staff report on the proposed project, describing the proposed site location. The public hearing was opened and the following person presented testimony: Eric Hasseltine, 3182 Old 'Tunnel Road, Suite E, Lafayette, representing the applicant . The public hearing was closed. Supervisor Gerber moved approval of the staff recommendations . IT IS BY THE BOARD ORDERED that recommendations 1, 2 , 3 , 4, 5, and 6 are APPROVED; and Ordinance No. 97-39 giving effect to the rezoning is INTRODUCED, reading waived, and November 4, 1997 is set for adoption of same . "�luJ��JJ tl FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING FILE #RZ973048 AND FINAL DEVELOPMENT PLAN FILE #DP973004 IN THE WALNUT CREEK/NORTH GATE AREA (DeBolt Civil Engineering - Applicant; McManus Trust Owner) FINDINGS A. Rezoning 1. The change proposed will substantially comply with the general plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. (Ref. §26-2.1806 of the County Code) B. Adoption of P-1 Zoning and Approval of a Preliminary or Final Development Plan a. The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval; b. The proposed planned unit development is consistent with the county general plan; C. In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; d. The development of a harmonious integrated plan justifies exceptions from the normal application of this code. (Ref. §84-66.1406 of the County Code) C. Growth Management Performance Findings 1. Traffic-The project will be required to contribute to applicable bridge/thoroughfare fees at time of issuance of a building permit. The project would not generate sufficient traffic to warrant a 1988 Measure C traffic report. Rezoning File#RZ973048 and Final Development Plan#DP973004 DeBoh Civil Engineering Applicant;McManus Trust-Owner 2. Water-Development will be required to connect with the Contra Costa Water District facilities for water service. 3. Sanitary Sewer-Development will be required to connect with the Central Sanitary District facilities for sewage disposal. 4. Fire Protection-The site lies within 1'/4 miles of a fire station(corner of Walnut Avenue and Cheyenne Court). 5. Public Protection-The small project scale would not meet the threshold standard for contribution for sheriff facilities. 6. Parks and Recreation-The project will be required to pay the applicable in-lieu park dedication fee. 7. Flood Control and Drainage-No portion of the site lies within a special flood zone as designated by the Federal Emergency Management Agency. The project will be required to convey runoff to the creek flowing from the project. If necessary, the applicant may be required to replace the culvert beneath North Gate Road. (Ref. Growth Management Element of the General Plan) CONDITIONS OF APPROVAL General 1. Development shall be as generally shown on the Vesting Tentative Map/Final Development Plan dated received by the Community Development Department on August 14, 1997. 2. Desian Review Process-At least 30 days prior to requesting issuance of a building or grading permit, the applicant or future property owner shall submit two copies of site plan, floor plan, elevation drawings and preliminary landscape plans for the review and approval of the Zoning Administrator. The applicant is discouraged from submittal of construction- detail plans. A. Compliance with North Gate Specific Plan Development Regulations ations- The plans shall be reviewed for compliance with the Development Regulations of the North FDP-2 Rezoning and Final Development Conditions ojApproval Walnut CreekWorth Gate area Gate Specific Plan(found on pages 18 - 22 of the Specific Plan that was adopted in 1991). B. Development Guidelines-Consistent with other development restrictions described herein, development shall be guided by the development and use restrictions of the Single Family Residential, R40 district, subject to further review and approval by the Zoning Adminstrator at time of issuance of building permits. C. Documentation of Tree Impact-Trees to be preserved shall generally be based on the revised site plan dated received August 14, 1997. The site plan shall identify which trees are proposed to be preserved. The plan shall be accompanied by two copies of an arborist report pursuant to the reporting requirements of the Tree Protection and Preservation Ordinance, unless the site plans indicate that there are no trees within 50 feet of proposed improvements. Any trees proposed to be removed, trimmed by topping, or otherwise altered shall be subject to any tree permit requirements of the Tree Protection and Tree Preservation Ordinance. D. Prior Review by the City of Walnut Creek-At least two weeks prior to submittal to the Zoning Administrator, the applicant shall submit the plans to the City of Walnut Creek for opportunity to comment. E. Show Earthquake Zone Boundary on Construction Plans-The site plan on the construction plans for Lots 2, 3, and 8 shall clearly identify the location and boundary of the Earthquake Fault Zone on that site. 4. Comply with applicable in-lieu park dedication fee and child care fee requirements at time of issuance of building permits. ADMORYNOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. Comply with the requirements of the Building Inspection Department. FDP-3 HER ff r� Rezoning File#RZ973048 and Final Development Plan NDP973004 DeBolt Civil Engineering Applicant;McManus Trust-Owner B. Comply with the requirements of the Consolidated Fire Protection District. C. Comply with the requirements of the Central Sanitary District. D. Comply with the requirements of the Contra Costa Water District. E. Comply with the in-lieu park dedication fee requirement as time of issuance of building permits. j oups\cdadpool\bob\dp973004.coa RD\ FDP-4