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FROM: DENNIS M. BARRY, AICP ry _ Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: DECEMBER 5, 2000
SUBJECT: Hearing on Rezoning Application RZ003094 to rezone a portion of 1.91 acre parcel
(Parcels A and B of MS990004) in the Walnut Creek area from Single Family
Residential (R-20)to Single Family Residential (R-15). Subject property is a rectangular
vacant parcel located on the north side of Walnut Boulevard immediately opposite
Mountain View Boulevard in the Walnut Creek area, filed by DeNova Homes, Inc.,
(Applicant and Owner).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT a motion to:
1. ACCEPT the environmental documentation prepared for this project as being adequate.
CONTINUED ON ATTACHMENT: X YES SIGNATURE Lz±=L2 L�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Deeembe 5- 2000 APPROVEDAS RECOMMENDED XX OTHER XX
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND
VOTE
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND
_ Xx UNANIMOUS(ABSENT _ ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Rose Marie Pietras (335-1216) ATTESTED_ December 5 , 2000
PHIL BATCHELOR, CLERK OF THE BOARD OF
cc: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR
Department of Public Works
DeNova Hames, INC., (Applicant and Owner)
File g
, DEPUTY
December 5, 2000
Board of Supervisors
File#RZ003094
Page 2
2. APPROVE Rezoning Application RZ003094 as recommended by the County Planning
Commission.
3. ADOPT the County Planning Commission's findings as set forth in the Resolution#19-
2000 as determination for these actions.
4. INTRODUCE the ordinance giving effect to the aforesaid rezoning, waive reading and
set forth date for adoption of same.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATION
The subject property is approximately 1.91 acres of vacant land. The property is located at the
base of a steep hill in residential south central Walnut Creek. The applicant is requesting a
rezoning on a portion of the 1.91 acre site (Parcels A and B of MS990004). The proposed
rezoning stems from a condition of approval from # MS990004, which was approved on April
10, 2000 by the County Zoning Administrator. The Zoning Administrator added Condition of
Approval #3 approving the minor subdivision contingent on rezoning Parcels A and B from
Single Family Residential- R-20 to Single Family Residential- R-15. The rezoning application
maintains consistency with the General Plan designation of Single Family Residential — Low
Density.
The proposed rezoning is consistent with the existing zoning pattern. The Board's approval will
allow the minor subdivision,to be recorded and developed as an in-fill residential development
within the Walnut Creek area.
ADDENDUM TO ITEM D.8
December 5, 2000 Agenda
This is the date and time noticed by the Clerk of the Board of Supervisors for the hearing on
rezoning application RZ 00-3094,to rezone a portion of a 1.91 acre parcel (Parcels A and B of
MS 99-0004) from Single Family Residential (R-20)to Single Family Residential (R-15). The
subject property is a rectangular vacant parcel located on the north side of Walnut Boulevard
immediately opposite Mountain View Boulevard, Walnut Creek, and filed by DeNova Homes,
Inc. (Applicant and Owner)
Dennis Barry, Community Development Department Director presented the staff report.
Rose Marie Pietras, Senior Planner, Community Development Department; Heather Ballenger,
Assistant Director—Engineering Services, Public Works Department; and Silvano Marchesi,
Chief Assistant County Counsel were also present.
The public hearing was opened and the following people appeared to speak:
Brad Durgil,DeNova Homes;
Seth Adams, Save Mount Diablo, 1196 Boulevard Way#10, Walnut Creek;
Mr. Durgil,rebuttal
No one else desiring to speak,the Board considered the matter.
Several issues were discussed including a structural set-back from the open space property line.
Following a brief meeting of the parties, Mr. Barry suggested that the applicant and Mr. Adams
agree that the Board would be able to proceed today with the approval of the Rezoning, to Waive
reading and Set the Adoption of same for December 19, 2000. At that time,the applicant has
scheduled with the Public Works Department the approval of their parcel map on the minor
subdivision. The applicant will then provide the Board with an instrument grant deeding
development rights to 50 feet of the north portion of the parcel to the County. The County will
accept the grant deed of the development rights and approve the Rezoning on the consent
calendar of the agenda.
Supervisor Gerber moved Mr. Barry's suggestion. Supervisor Uilkema seconded the motion.
The vote on the motion was as follows:
AYES: SUPERVISORS UILKEMA, DeSAULNIER and GERBER
NOES: NONE
ABSENT: SUPERVISORS GIOIA and CANCIAMILLA
ABSTAIN: NONE