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Home My WebLink AboutMINUTES - 12192000 - C115 TO: BOARD OF SUPERVISORS Contra FROM: DENNISM. BARRY, AICD Costa COMMUNITY DEVELOPMENT DIRECTOR' DIRE TOR County DATE: DECEMBER 19, 2 000 SUBJECT: FINAL DECISION ON APPEAL OF TOSCH1 CIVIL ENGINEERING FROM SAN RAMON VALLEY REGIONAL PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION #MS990009 SPECIFIC REQUEST{S} OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . DENS' the appeal of Tosehl Civil Engineering on the decision of the Ban Ramon Valley planningCommission's denial of ming subdivision County File# CONTINUED ON ATTACHMENT: X YES SIGNATURE , ° ILA4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO!T TEE APPROVE OTHER SIGNATURE ACTION OF BOARD ON icy- r s_m APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _ € NANIMOUS(ASSENT + CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES; _ ENTERED ON THE MINUTES OF THE BOARD OF AS SENT:._,, ASSTA€N; SUPERVISORS ON THE[SATE SHOWN sor seat V is vacant at this tem Contact. Rose Marie P€etras{336-12161 ATTESTED Decor 19, 2T-0 cc: CAC PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND C UNTY`ADMINISTRATOR rn Community Development Lepar ent Department ent oI Publ c'Works Toschi Civil Engineering(Applicant) SY ,DEPUTY Dalwinder Dhoot(Owner) Mr.Pad Martin,Attorney FHe F€MP/ow SAcurC-piaC\Board\Board OYCfars\RZ993082&€V3S990009.doe December 5, 2000 Board of Supemdsors File larRZ993082 &gMS990009 Page 2 2, DENY the requested rezoning of this site from Exclusive Agriculture District(A-40) to the remaining portion zoned General Agricultural District (A-2). (County File #RZ993082) 3, ADOPT the findings attached in Resolution 2000/0-63, as the basis for the denial of the appeal, and the denial of the subdivision and rezoning. FISCAL IMPACT None. The applicant has paid application fees to process this project and is obligated to pay supplemental fees should staff time and material costs exceed 100% of the initial fee payment. BACKGROUND/REASONS FOR RECOMMENDATIONS On December 5, 2000, the Board of Supervisors initially heard County File #'s RZ993082 and MS990009. Several residents and representatives of the applicant attended the public hearing and gave public testimony. After public testimony was taken the hearing was closed and deliberated. The Board of Supervisors declared their intent to deny both applications and directed staff to prepare findings for denial of the minor subdivision included in Resolution 00/563. THE BOARD OF SUPERVISORS OF THE COUNTY OF CON'T'RA COSTA Adapted this Carder on Tuesday, 19th of December,2000,by the following vote: AYES: SUPERVISORS GIGIA, UILKE�A,DeSAULNIER and GERBER NOES: NONE ABSENT: SUPERVISOR SEAT V IS VACANT AT THIS `AIME ABSTAIN; NONE RESOLUTION NO 2000/563 SUBJECT; DENIM,OF REZONING#RZ993082 AND DENIAL.OF APPEAL OF THE SAN RA ON VALLEY REGIONAL PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION#1LS990009 AND ADOPTION OF FINDINGS WHEREAS, an application for a rezoning RZ993082 and minor subdivision MS990009 to rezone land in the area from Exclusive Agricultural District(A-40)to the remaining portion zoned General Agricultural District(A-2) and a request to subdivide a 1.0,5 acre parcel into two lets was received on December 6, 1999 by the Community Development Department; and '`WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared,posted, circulated; and WHEREAS, after notice was lawfully given,a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, June 21, 2000 whereat all persons interested might appear and be heard.; and WHEREAS, on Wednesday, June 21, 2000 the Commission took public testimony and continued the matter to July 19, 2000 to allow staff time to gather pertinent information to help clarify major issues that the Commission had related to the rezoning; and WHEREAS, or. Wednesday, July 19, 2000 the San Ramon Malley Regional Planning Cornmaission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, on Wednesday, July 19, 2000 the San Ramon Malley Regional Planning Commission recommended to the Board of Supervisors that the rezoning request of Toschi Civil Engineering (applicant) and Dalwinder Dhoot (owner) be denied for change from Exclusive Agricultural District(A-40)to the remaining portion zoned General Agricultural District(A-2)and the Commission denied the minor subdivision; and WHEREAS, alter notice was lawfully given, a public hearing was scheduled before the Board of Supervisors on December 5, 2000; and WHEREAS, on December 5, 2000, the Board of Supervisors conducted a public hearing; and WHEREAS, the Contra Costa County Board of Supervisors having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter°, and RESOLUTION UTION 00/563 Pg WHEREAS,the Board of Supervisors directed staff to crake additional findings for denial of the minor subdivision; and NOW,THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors DENIES the rezoning##RZ993082 and Toschi Civil Engineering's appeal of the Sar:Ramon Valley Regional Planning's denial of minor subdivision##MS990009; and BE IT FURTHER RESOLVED the denial of the subdivision is based on the following findings: A. SUBDIVISION MAP ACT DENIAL FINDINGS(government Code Section 66474) 1. Required Finding: That the proposed map is not consistent with the applicable general plan. Project Finding: The proposed tentative map is not consistent with County General Flan policies in regards to water availability, access and density issues. 2. Required Finding: That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Project Finding, The site plan consists of a proposed two-lot subdivision, with one parcel in the shape of a flag lot. The flag lot would be inconsistent with the pattern of development within the immediate vicinity of the subject property. This inconsistency,coupled with finding#4,below,conflict with development policies in the Land Use Element(Policies 3.12 and 3.144),and Public Facilities and Service Element (Policies 7.21, 7.32 and 7.56) of the Count,general Plan. 3. Required Finding: That the site is not physically suitable for the type of development. Project Finding: That the site is not suitable for the type of development because of the inadequate water availability and the lack of appropriate infrastructure. 4. Required Findin : That the site is not physically suitable for the proposed density of development. Project Finding_: That the proposed two lot subdivision is in an area with a history of water shortage. Increase to density could be considered an impact to water availability on the surrounding neighbors. BE IT FURTHER RESOLVED that the Cleric of the Board shall respectively sign and attest the certified copy of this Resolution and deliver the same to the Board of Supervisors all in accordance with the planning laws of the State of California; and Z �g4 obny cart f,that, i,-.s is a tr-je and'oorrec,copy of an. apt€on taken an-d -:hared on ,Ila mein°u ea of tis Contact: ease Marie Pretras (335-1216) Bmord of Sapan�16110Ys on,a s date shown. ATTEK : December 19, 2000 cc: CA( * : HIL SATC IEIUR, !ark of the Board S�ii arias or 0r a i C u ty Ad.rnlri strator County Counsel Community Development Department By RESOLUTION 001563 pg 2