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Home My WebLink AboutMINUTES - 12052000 - D9 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICD ^'. .. ry,; °' Costa COMMUNITY DEVELOPMENT DIRECTOR Y.. County DATE: DECEMBER 5, 2000 SUBJECT: July 19, 2000 HEARING ON THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION'S RECOMMENDATION ON COUNTY FILE #RZ993082 AND #MS990009 IN THE TASSAJARA AREA,AND AN APPEAL FILED BY TOSCHI CIVIL ENGINEERING OF THE COMMISSION'S DENIAL.FOR THE SAME PROJECTS(FILE #RZ993082 AND #MS990009). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt a motion approving Option A (Denying the Project per Planning Commission recommendation). CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER — SIGNATURE(S): ACTION OF BOARD ON 1lwcrfbu 5, 2000 APPROVED AS RECOMMENDED OTHER SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE VOTE OF S RVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMO AB _ ) CORRECT COPY OF AN ACTION TAKEN AND AYES: S. ENTERED ON THE MINUTES OF THE BOARD OF ABSE ABS SUPERVISORS ON THE DATE SHOWN Contact: Rose Marie Pletras(335-1216) ATTESTED DecgMber 5, 2(M cc: County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF CAO, SUPERVISORS AND OOUNTY ADMINISTRATOR Community Development Department Department of Public Works Toschi Civil Engineering (Applicant) B &WIL ,DEPUTY Dalwinder Dhoot(Owner) Mr. Paul Martin,Attorney File to , December 5, 2000 Board of Supervisors File#RZ993082&#MS990009 Page 2 OPTIONS Option A—Approve Planning Commission Recommendation and Deny the Appeal 1. Sustain the San Ramon Valley Regional Planning Commission denial decision related to an approximately 10.8 acre site in the Tassajara area as follows: a. Deny the adoption of the Negative Declaration prepared for this project as inadequate for purposes of compliance with the California Environmental Quality Act. b. Deny the rezoning of this site from Exclusive Agricultural District(A-40) to the remaining portion zoned General Agricultural (A-2) based on the findings contained in Planning Commission Resolution No 21-2000. c. Sustain the Planning Commission's denial of the minor subdivision for two lots, County File#MS990009. d. Deny the appeal of Toschi Civil Engineering. Option B —Approve the project (Grant the Appeal of Toschi Civil Engineering) Adopt a motion declaring the Board's intent to: 1. Grant the appeal of Toschi Civil Engineering. 2. Adopt the Negative Declaration prepared on this project as adequate for purposes of compliance with the California Environmental Quality Act. 3. Approve the proposed rezoning and minor subdivision applications based on staff's original recommendation. 4. Continue the matter to an appropriate date. 5. Direct staff to prepare appropriate findings for Board adoption consideration. 8. Direct staff to post a Notice of Determination with the County Clerk. 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. December 5, 2000 Board of Supervisors File#RZ993082&#MS990009 Page 3 BACKGROUND/REASONS FOR RECOMMENDATIONS The project involves a site that is located in the Tassajara area of the County. The land has been traditionally used for grazing. The site is located in a rural environment, consisting of open space, green pastures, rolling hills,creeks and ranch style housing. The pattern of development in the immediate vicinity is five-acre parcels. PROPOSED PROJECT The property is split between two Agricultural Zoning Districts. Staff has approximated the Exclusive Agricultural Zoning District(A-40)to be 6.5 acres and the General Agricultural Zoning District(A-2)to be 4.5 acres. The applicant is requesting to rezone that portion of the property that is in the Exclusive Agricultural District (A- 40/1 du/per 40 acres) to General Agricultural District (A-2/1 du/ per 5 acres) and to subdivide the 10.6 acre parcel into two 5+/- acre parcels. Parcel A is relatively fiat and is occupied by a large barn. Presently a house is being built on Parcel A, in a flat area along a creek. Parcel B is undeveloped and located on the flower half of a ridge. Parcel B occupies the upland portion. Parcel B is somewhat removed from Brace Drive, the primary access to the property and surrounding residences. Bruce Drive is a private road. Lot B has a wetland basin. COMMISSION REVIEW The project was considered by the San Ramon Valley Regional Planning Commission at two separate meetings earlier this year. The Commission heard testimony in support and in opposition to the project. However, after concluding the hearing, all Commissioners present voted to recommend to the Board of Supervisors the denial of the rezoning. The Commission also unanimously denied the subdivision. The Commission felt that the proposed rezoning and subdivision would encourage dense development in an area of the County with historical water, access and density issues. They also felt that the rezoning of this property and the approval of a two-lot subdivision would only intensify and encourage development. APPEAL OF PROJECT DENIAL FILE BY THE APPLICANT On July 27, 2000, an appeal of the San Ramon Valley Regional Planning Commission's denial of the minor subdivision (County File#MS990009)was filed with the Community Development Department by Toschi Civil Engineering. The appellant's letter states their belief that the project is consistent with the General Plan and with good planning principles. The letter of appeal did not raise any new issues beyond what was considered by the San Ramon Valley Regional Planning Commission. As such, staff recommends the Board approve Option A, which would uphold the decision of the Commission. ADDENDUM TO ITEM D. 9 December 5, 2000 Agenda On this date, the Board of Supervisors considered the hearing on the recommendation of the San Ramon Valley Regional Planning Commission the request for approval to rezone a portion of a 10.8 acre parcel that is zoned Exclusive Agricultural District(A-40), to the remaining portion zoned General Agricultural District(A-2), (County.File#RZ 99-3082); and Hearing on the appeal by Toschi Civil Engineering(Applicant)and Dalwinder Dhoot(Owner) from the decision of the San Ramon Valley Regional Planning Commission on the denial of the Minor Subdivision (County.File#MS 99-0009) The subject site is located at 5870 Brace Drive, Tassajara/Pleasanton area. Dennis Barry, Community Development Department Director,presented the staff report and recommendations. Also present were Silvan Marchesi, Chief Assistant County Counsel; Heather Ballenger, Engineering Services,Public Works Department; and Rose Marie Pietras, Planner, Community Development Department. Dani Hamilton,representing the appellant, 1580 Green Valley Road,Danville; and Robert Hunter, 5455 Bruce Drive,Pleasanton. The following people did not wish to comment,however, the filled out speaker cards. Betty Pitcherello, 5795 A Bruce Drive, Pleasanton; Joe Pitcherello, 5795 A Bruce Drive,Pleasanton; and Ron Nunes, 5885 Bruce Drive,Pleasanton. Those desiring to speak having been heard, the Board considered the issues. Supervisor Gerber moved to approve Option A and the related paragraphs of staffs recommendations. Mr. Barry inquired if Supervisor Gerber would consider modifying her motion to declare the Board's intent today, and direct Community Development Department staff to come back with findings to support it. Supervisor Gerber stated that the modification would be acceptable. She moved to close the public hearing, and have the matter back for final action with the findings on the consent calendar. Supervisor DeSaulnier seconded the motion. The Board took the following vote: VOTES: SUPERVISORS DeSAULNIER,UILKEMA and GERBER NOES: NONE ASSENT: SUPERVISOR GIOIA and SUPERVISORIAL SEAT 5 WAS VACANT AT THIS TIME ABSTAIN: NONE RESOLUTION NO. 21-2000 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY TOSCHI CIVIL ENGINEERING (APPLICANT) AND DALWINDER DHOOT (OWNER) (RZ993082) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE TASSAJARA AREA OF SAID COUNTY. WHEREAS, a request by Toschi Civil Engineering (Applicant), and Dalwinder Dhoot (Owner) (RZ993082), to rezone land in the area from Exclusive Agricultural District (A-40) to the remaining portion zoned General Agricultural District (A-2)was received on December 6, 1999; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have a significant adverse environmental impact; 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, on Wednesday, July 19, 2000 staff presented to the Commission at the public hearing all the information needed to help clarify major issues that the Commission had; and WHEREAS, on Wednesday, July 19, 2000 the San Ramon Valley Regional Planning Commission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED, that San Ramon Valley Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, 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 Agricultural (A-2) as indicated on the finding's map entitled: Page of the County's 1978 Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. REZONING FINDINGS: 1. Required Finding—The change proposed will not substantially comply with the General Plan. 2 Project Finding—The project is not consistent with the goals and policies of the General Plan relative to the site,regarding water availability,access, and density issues. 2. Required Finding — The uses authorized or proposed in the land use district are not compatible within the district and to uses authorized in adjacent districts. Project Finding — Development restrictions were placed on this property and on adjacent properties as part of the previous subdivision. These restrictions along with water availability, access, and density issues were considered by the San Ramon Valley Regional Planning Commission. The A-2 zoning district will not assist in making the proposed use and zoning more compatible. 3. wired Finding -a Community need has not been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: Community need has not been demonstrated for two, five acre lots based on inadequate water availability, access and density issues. BE IT FURTHER RESOLVED that the Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. The instructions by the San Ramon Valley Regional Planning Commission to prepare this resolution was given by motion of the San Ramon Valley Regional Planning Commission on Wednesday, July 19, 2000,by the following vote: AYES: Gibson, Mulvihill, Jeha,Matsunaga,Neely NOES: None ABSENT: Couture, Ho ABSTAIN: None Nancy J. Mulvihill, Chair of the San Ramon Planning Commission County of Contra Costa, State of California ATTEST: Dennis M. Barry, Secretary County of Contra Costa State of California