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Home My WebLink AboutMINUTES - 09092003 - D.5 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP .R Costa COMMUNITY DEVELOPMENT DIRECTOR " County DATE: September 9, 2003 SUBJECT: Rescheduled Hearing on Proposed Rezoning and Save Mt:-Diablo Appeal of San Ramon Valley Regional Planning Commission on the Shepherd/Dorn project, County File#RZ993074 and #MS990002 (#9601 Morgan Territory Road; APN 006- 280-009) in the Tassajara area (Sup. Dist. 111) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION A. DENY the Appeal of Save Mt. Diablo. B. Substitution for Visual Impact Mitigation Measure and Related Subdivision Permit Condition of Approval: CONTINUED ON ATTACHMENT: X YES SIGNATUREmom RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON_ September 9, 2003 APPROVED AS RECOMMENDED OTHER X See attached addendm for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS{ABSENT None } 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: Bob Drake(925)335-1214 ATTESTED Septenber 9, 2003 cc: DeBolt Civil Engineering, Jim Diggins JOHN SWEETEN, CLERK OF THE BOARD OF McCloskey, Hubbard, Ebert& Moore; Attn. Paul N. McCloskey, Jr. SUPERVISORS AND COUNTY ADMINISTRATOR Contra Costa Water District, Jerry Brown East Bay Regional Park District, Brian Wiese Save Mt. Diablo, Seth Adams BY a kfi t ; UCIDUTY County Counsel September 9, 2003 Hearing Beard of Supervisors File#RZ993074 &#MS990002 Page 2 1. SUBSTITUTE the following mitigation measure for mitigation measure#1.A. in the initial study and mitigation monitoring program. Also, substitute this language for the corresponding condition of approval, Condition #5, in the subdivision permit. At the time of approval of a parcel map, the applicants shall convey a scenic easement on each of the four proposed parcels, excepting only the areas of the existing residential structures on the back two parcels (Parcels C and D), and the two proposed new one-acre homesites (Parcels A and B). Subject to compliance with Mitigation Measure #I.8., the scenic easement shall also allow for placement of water storage and sewage disposal facilities within the affected area. The deed instrument to convey the development rights to the County shall be submitted to the Community Development Department for the review and approval of the ,Zoning Administrator. 2. Pursuant to Section 15074.1 of the California CEQA Guidelines, FIND that: a) The existing language of the mitigation measure (and corresponding permit condition) may cause confusion; its retention is undesirable; and the proposed substitution of modified language for the mitigation measure will allow for clarity; b) The modified language is equivalent or more effective in mitigating or avoiding potential significant effects; and c) That in itself, the modified language will not cause any potentially significant effect on the environment. C. FIND that on the basis of the whole record before it, including the Initial Study and the comments received, that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the County's independent judgment and analysis. D. ADOPT the proposed Mitigated Negative Declaration determination for this project as adequate for purposes of compliance with the requirements of the California Environmental Quality Act, and Mitigation Monitoring Program, as modified. E. APPROVE the rezoning of this site from Exclusive Agricultural, A-80 district, to Heavy Agricultural, A-3 district, in accord with the recommendation of the San Ramon Valley Regional Planning Commission. F. INTRODUCE the ordinance amendment, giving effect to Rezoning File #RZ993074, waive reading and set for the date of adoption. September 9, 2003 Hearing Board of Supervisors File#RZ993074&#MS990002 Wage 3 G. SUSTAIN the approval of Minor Subdivision File#MS990002 by the Sen Ramon Valley Regional Planning Commission, subject to the above listed modified condition of approval. H. ADOPT the findings contained in Resolution#9-2003 adopted by the San Ramon Valley Regional Planning Commission as the basis for the approval of the rezoning and subdivision approvals. I. DIRECT staff to post a Notice of Determination with the County Clerk following receipt of required California Department of Fish&Game fee($1250)for Negative Declaration determination. FISCAL. IMPACT: None. Applicant is responsible for all staff processing costs. BACKGROUND This matter was initially scheduled for hearing of August 5, 2003. At the request of the recently appointed Supervisor for District 111 (Supervisor Greenberg), the Board continued the hearing on this matter to this date. The relevant background for the project was attached to the earlier August 5,2003 staff report. CLARIFICATION TO PREVIOUS STAFF REPORT ON SITE POTENTIAL FOR WINDFARM In the last staff report, staff considered potential alternative uses of the site that might be achievable should the Board deny the proposed subdivision. Staff had indicated that a commercial windfarm may be a viable option. Ordinance Cade Section 88-3.406 allows the establishment of a commercial windfarm within agricultural land use districts(including the A-80 district), after the granting of a land use permit. However, on further review of the General Plan, Policy #8-49 limits commercial wind farms to the "south Byron Hills portion of the County General Plan." Also, Implementation Measure #8-bp provides that: "Consider wind farm uses to be appropriate land uses within the Byron Hills resource area or alone the periphery of the wind energy resource area, subject to careful review of the environmental impacts of specific wind farm proposals..." The Conservation: Element also includes a map of the Wind Energy Resource area. Based on the map delineating the resource area, the site appears to be located approximately three miles to the west of the Wind Energy Resource Area. Therefore, the following should be considered relative to any potential windfarm alternative. September 9,2003 Hearing Beard of Supervisors Pile#RZ993074&##M5990002 Page 4 • The applicant has not discussed with staff a windfarm project for this site.' • While the property owners would have the right to file for a land use permit application for a wind farm, such a proposal would be a discretionary decision, subject to review under the California Environmental Quality Act; also, because a land use permit is required, before approving such a use, the County would have to make several ordinance findings, including that the proposed use would not conflict with the goals or policies as set by the general plan. • While it may be possible to make an argument that the General Plan allows this site to be considered for a commercial windfarm, the more credible interpretation of the general plan policies is that the subject site is outside of the area in which commercial windfarm sites are to be considered. Further, if a windfarm is not a viable alternative for this site, then possible alternatives for the proposed rezoning and subdivision may be very limited. Were the Board to deny the subject development applications, the applicant could still try to sell the property to an interested party (East Bay Regional Park District, Save Mt. Diablo?). The proceeds could then be divided amongst the three owners. Of course, the sale of the property in its present form would not require any authorization from the County and may presume that all three current property owners are willing to leave the site. GACurrent Plan ning\curr-plan\Board\Beard Orders\rz993074-c.bo.doc RU\ z At its hearing, the San Ramon Valley Regional Planning Commission explored possible alternative uses on this site. I i I Exhibit I li I Comparison of Language Used for the 'Mitigation Measure To Address Potential Visual Impacts of the project j 1� j. A. Staff Proposed 6/14/2001 Mitigation Measure "Grant deed development rights (convey a "scenic easement') on all properties to the County except for the proposed residential "home"sites, excepting sites far sewage disposal and water storage provision. Said scenic easement shall be provided on the parcel map, subject to the review and approval of the Zoning Administrator. " B. Applicant 8%30/2002 Response Agreeing to Measure with Adjusted language "The applicants shall agree to convey a scenic easement on each of the four proposed parcels, excepting only the existing structures on the back two parcels, the two proposed new homesites and the sites for water storage and sewage disposal. " C. Mitigation Measure in 12/12/2003 Initial Study I.A. "At the time of approval of a parcel map, the applicants shall convey a scenic easement on each of the four proposed parcels, excepting only the existing structures on the back two parcels, and the two proposed new homesites for water storage and sewage disposal. "r D. Corresponding Condition of Approval from Subdivision Permit Approval "5. Convey Scenic Easement Over Site Except for House Sites — At time of approval of a parcel map, the applicants shall convey a scenic easement on each of the four proposed parcels, excepting only the existing structures on,the back two parcels (Parcels C and D), and the two proposed new homesites (Parcels A and B) for water storage and sewage } "Ihe applicant accepted the mitigation measures in the proposed initial study,including the subject initial study,on May 12,2001 disposal. The deed instrument to convey the development rights to the County shall be submitted to the Community Development Department for the review and approval of the Zoning Administrator. (Mitigation Measure I-A)2" E. Corresponding Measure in 6/18/2003 Mitigation Monitoring Program "I. Scenic EasementlDeed.restriction a) At the time of approval of a parcel map, convey a scenic easement on each of the four proposed parcels, excepting only the existing structures on the back two parcels (C and D), and the two proposed new home sites (Parcels A and B),for water storage and sewage disposal. " G:\Current Plann n.g1curr-piar\Staff Reports\NIS990002-Mitigation Measure Comparison Review.doc RDy 2 Condition modified by the San Ramon Valley Regional Planning Commission in the approval of the project or.Jim.- 18,2003, E -2 • a �y� . 4 ..... �°N.Ya � T-•_ar�.. a ;r. jJ'-K � _ +r{ ��.. . � .� ! 1`\ LW ,ys __` m. -a.. ' .t r".�' ,1` a` ._.,.• a w, "-� !{a{( < a- ci �0 {mit fir,_ � • 1•^ S}rr a LU VI E a to a � 1 i13 (D LLL. Lc R e� �a� '• +r f_a: r r+_r r r t.d, Y °• vo G Z nm•" - IY. Cc fi 4 V WWW {,�.. e �T:—'!`•t' """" - a.- i,- - t kyr / CC 0 +< _ _ . I 'a •. C LL Ltl UA ♦ Y UA /Y�I b �y Pt L UJ uj • � e�i+' � �'. J � j r y t rteLI . Y+ fm ,� f� �j.� i f S � L +r +a i• � � a 1 a t rrti 1+ i i • C\ r \_ i 1 7� ♦ `jt I. .�',+.r••lii,'—" 'r � 1 5 i ♦a# s � r rr i r r.l .a '`• , 1 i-•.++.v4 .,,y 1 1 tt `i! + � rye r..J � �� ,� � .rl �\ `�.. rte• — r t � {.. i 1{ � + . y r rw y '-- ;_ y�t la �"" �a ♦ —� t _. • d CC, � � ♦.{{, ,\ �� fr �� ` ar � �taaa`a a , y `,1 jI 8-50 ADDENDUM TO ITEM D.5 September 9, 2003 The Board of Supervisors considered the proposed rezoning and Save Mt. Diablo appeal of San Ramon Valley Regional Planning Commission on the Shepherd/Dom project, County File #RZ993074 and#MS990002, 9601 Morgan Territory Road; APN#006-280-009, in the Tassajara area. Bob Drake, Community Development Department,presented the staff report and recommendations. The Chair opened the public hearing and the following persons presented testimony: Seth Adams, Appellant, Save Mount Diablo, 1196 Boulevard Way, #10, Walnut Creek; Linda Chavez, East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland; Pete McClosky, on behalf of Mr. &Mrs. Lester Shepherd and Mr. &Mrs. James Dorn, 3680 Highway 16, Rumsay; Mark Seedall, Contra Costa Water District The Chair then closed the public hearing and returned the matter to the Board for further discussion. Supervisor Greenberg advised had visited the site twice and commented that Morgan Territory Road is a scenic route and houses on the lots would be visible from the road and the adjacent public land. She also noted that this project would be inconsistent with the areas adjacent, therefore, she moved to declare the Board's intent to uphold the appeal and deny the rezoning and directed the Community Development Department's staff to prepare findings and return to the Board of Supervisors in two weeks. Supervisor Gioia second the motion and the Board took the following action: • CLOSED the public hearing: • DECLARED the Board's intent to uphold the appeal by Save Mount Diablo of the Planning Commission approval of a Tentative Map approval to subdivide the site located at 9601 Morgan Territory road into four parcels, DeBolt Civil Engineering, (applicant) and Shepherd-Dorn, et al(owners); • DIRECTED the Community Development Department to return to the Board of Supervisors on September 23,2003 at 1:30 p.m. with findings. REQUEST TO SPEAK rORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum- bef®re addressing the' Board. Phone Name: � ?�== A5 3 573 , : Ct Address: city:_ W { .� ` I am speaking for myself or, organization: P =4�*4-1: /wr - (raw of orsonization) CHECK 'ONEi I wish to speak on Agenda Item � � Date; ke My comments will be: general for At'P against I wish to 'speak on the subject of I do not wish to speak but leave these comments for the Board to consider: ........_ REQUEST TO SPEAK FORM (TSE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers** rostrum before addressing the Board. �f Name: Phone: d " Address: city.. Q&Iftf—/A I am speaking for nyam, . apoi .,_a.. i": (no= o4 orppnization) CHECK ONE: I wish to speak on Agenda Item # Date: Uff 2 -3 My comments will be: general for against D ri I wish to speak on the subject of I do not wish to Speak but leave these comments for the Board to considers ti REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone Address. city. I am speaking for myself or organizations (nage of orpo nization) CRECK ONE: I wish to speak on Agenda Item # vrn s My comments will be/general } v for against I Irish to speak on th ect of . I do not wish to speak but leave these comments for the Hoard to consider: ,-f fry REQUEST To SPEAK PORK �t (THREE (3) MI-NUTS LIMIT) Complete this farm: and place it in the box near the speakers' rostrum before addressing the Board. Address• Z2Z2 _T city:. y I am Speaking for myself or organization: 1 1 12La OW90_Of a'vsniraticn) CHECK ONE: I wash to speak on Agenda Item �`.� Dates ' My comments will be: general V for against I wish to speak on the subject of I do not wish to speak but Dave these comments for the Board to consider: a REQUEST '1'A SPEAR FORM 5 t (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone. w O Address: Cites w 4& I am speaking for myself or organization: M"+ ` 4vvv Ll (r+ of oromization) CHECK ONE: I wish to spew on Agenda Item # WCe: pD` I My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these co e`nn?: for the +, Board to considers a � � -- 3 l : } / .i Board of Supervisors Contra Costa County Board of Directors: 651 pine Street MI11Coh71 Sprou! - Martinez CA 94553 President Arthur Bonweli Allan Prager Re: Shepherd-Dorn Project Vice]'residents Appeal of approval for#MS990002,#DA0201222 Amara Morrison.J.D. The Board of Supervisors is consider scheduled to consider the related#RZ993074 Secretary John Mercurio Treasurer September 9,2003 Burt Bassler Mary L. Bowerman,Ph.D. Chairman DeSaulnier,members of the Board: Donald de Fremery,Ph.D. Stephen Joseph Douglas Knauer pp Save Mount Diablo was formed in 1971 and includes more than 7000 supporters,primarily iil to Robert Marx Contra Costa County. Steven MehIman,J.D. Robert Nunn Save Mount Diablo submitted a letter to the San Ramon Valley Regional Planning Commission David Sargent regarding the Shepherd-Dorn project,but was unable to attend the meeting because of a conflict David'trotter with another planning meeting. Save Mount Diablo appealed the Regional Planning Staff Commission's approval of a minor subdivision and a development agreement for the 4-unit Ronald grown Shepherd-Dorn project;the project's rezoning is a recommendation which you are considering Executive Director concurrently. Seth Adams Director of Land Programs The Shepherd-Dorn property is: Suzanne Bitz • surrounded on three sides by Morgan Territory Regional Preserve,and the Los Vaqueros Office Manager watershed • on the fourth side it fronts 1800 feet of Morgan Territory Road, a General Plan designated scenic SMD Mailing address route,at nearly the highest and most visible point along the road. 1196 Boulevard Way#10 Walnut Creek,CA 94595 •The site is surrounded by confirmed locations of listed endangered and threatened species and fragmentation of the site,more residents,more pets and landscaping,will inevitably increase Telephone: impacts on these species,even with the suggested mitigations. (925)947-3535 •The property is located at the crest of Morgan Territory Road in grassland highly visible area. Fax: Webs 947-3603 The 49 acre roe has 80 acre zoning but was approved for four units,with a recommendation Website: property�' g PP www.savemountdiablo.org to the Board to rezone to 10 acre zoning. Without the rezoning,the subdivision approval is moot. Save Mount Diablo is opposed to this subdivision given: • its sensitive,visually prominent location •endangered species •because it would reward the common trend of proposing ag trailers and units without environmental analysis them later seeking to gain separate parcels around them • for the precedent it would set in an area with many sensitive resources, and • given the zoning,which should not be increased but decreased ai� � . erg. {� 'r." - , F•.{, :F Os FT r } LS r w F ¢ f '�•. / All } r / • �'v�:YY�f f �/ AM f f M w 1qrfF 3 +s. • f: w l � w i alr 4f, f / *Po r`f .f/ %ff Sa j / r¢ s • • PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands give in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice,of which the annexed is a printed copy (set in type not smaller then nonpareil), has baen published in each regular and entire issue of sold newspaper and not in any supplement thereof on the following dates,to-wit: August 29 all in the year of 2003 I certify (or dec are) un ar pens ty o perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 29 ay o Aug st, {�t13 Signatur Contra C to Times P O Box 147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) HEAOf A PUBLIC Q Otf"E HE CONTRA COSTA COUNTY HOARD of suPERVISDRB ON PLANNING MATTERS LAFAYETTE/ WALNUT CREM AREA NOTICE is hereby given that 0n Septe}mr+ber 9,203 at 11W a.m.,fn the 6ofm- ing,A651 IPinee St�t, (Cor- ner of Pine and Escobar Streets),Martinez,Califor- nia, the Contra Costa County Board of Supervi- sors will hold a public hearing to consider the fol- towing matter: The recommendation by the County Piannina Com- mission to approve the re- =qt by Massoud Fanaleyan (Applicant & Owner) to rezone a por- tion of a 2A2 acre parcel from R-20 (S' ie Family Residential 203 Square feet r parceE) to R-15 a Family'ResidentialIE sq (Fle'='bed)• (County File ------ - - The location of the subject prope fs within the unin- corporad territory of the County of Contra Costa County, State of Callfor• n1j. generally identified be ow(a more precise de- scMion mu be exam- ined In the O, ce of the Di- rector of Community. De- velopment County Admin. Istrat}on Building, Marti- nez,California).- The subject site Is located at 1140 Dunsyre Drive In the Lafayette/Walnut Creek area. N you challenge this mat- ter In Court, you may be limited to raising only those Issues you or some- lcegsthe dunihearinraised at this notice or in written correaponaence delivered to the County at or prior to,the public hearing. Prior to the hearing,Com- munity Development De. partment staff will be available on Tuesday,Sepp- tember 9, 2603, at 11:1% a.m.In Room 106,Adminls- tratlon Building, 651 Pine Street, Martinez, to meet with any interested par- ties 119,der to(1)answer quest 5; eernBrodur by the oard; (3) clariffyv the issues being consid- ered by the Board;end Frovlde an opportunnity(to Identify resolve, or nar- row any differences which remain in dispute. if you wish to attend this meet- Ing with staff lease tali Rose Marie P{etras,Com- munity Development uDe- rtmetrt, at (925) 335- 1216 by 1,00 p.m on Mon- day September 8,2003,to con#'mn your participa- tion. Date:August 26,2003 John Sweeten,Clerk of the Board of Supervisors and County Administrator By Danielle Kelly, Deputy Clerk Legal CCT 8339 Pu fish August 29,2003