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Home My WebLink AboutMINUTES - 12122006 - D.5 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS DIABLO AREA NOTICE is hereby given that on Tuesday,December 12, 2006 at 1:00 p.m. in the County Administration Building, 651 Pine Street, Room 107 (Corner of Pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: DIABLO COUNTRY CLUB (Applicant) DEBOLT CIVIL ENGINEERING (Owner), County File #RZ06-3175: A request to rezone a 10,624 square foot (0.24-acre) portion of the Diablo Country Club property from Forestry Recreation District (F-R) to Single-Family Residential District (R-20 and R-40). The portion of land to be rezoned is located on the east side of El Nido Road, immediately south of#1832 El Nido Road in the Diablo area. (F-R) (ZA: S-17) (CT: 3462.01) (GP: SL) (Parcel#195-380-003) The location of the subject property is within the unincorporated territory of the County of Contra Costa County, State of California, generally identified below(a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California): The subject site fronts on the eastern side of El Nido Road, immediately south of 1832 El Nido Road in the Diablo area. For purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that per section 15061(b) (3) of CEQA, the proposed rezoning is exempt from the requirements of CEQA. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Prior to the hearing, Community Development Department staff will be available on Tuesday, December 12, 2006, at 12:30 p.m. in Room 108, Administration Building, 651 Pine Street, Martinez, to meet with any interested parties in order to (1) answer questions; (2)review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and(4) provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Ruben Hernandez, Community Development Department, at (925) 335-1339 by 3:00 p.m. on Monday, December 11, 2006 to confirm your participation. Date: November 30, 2006 John Cullen, Clerk of the Board of Supervisors and County Administrator B Katherine Sinclair, Deputy Clerk 'mow yr BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: DIABLO COUNTRY CLUB (Applicant)—DEBOLT CIVIL ENGINEERING (Owner), County File#RZ06-3175: A request to rezone a 10,624 square foot(0.24-acre)portion of the Diablo Country Club property from Forestry Recreation District (F-R)to Single- Family Residential District (R-20 and R-40). The portion of land to be rezoned is located on the east side of El Nido Road, immediately south of#1832 El Nido Road in the Diablo area. (F-R) (ZA: S-17) (CT: 3462.01) (GP: SL) (Parcel#195-380-003) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: November 30, 2006 o Ka erine Sinclair, Deputy Clerk 195230012 195240016 195240026 DIABLO COUNTRY CLUB WALL SHELBY J NG PAUL K & MARY T TRE CLUB HOUSE RD PO BOX 652 PO BOX 55 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195240030 195240040 195352006 GRIFFEY LEE & SHIRLEY TRE CORCORAN THOMAS P &MARY E YEE CLARENCE& ELAINE J PO BOX 572 2323 CABALLO RANCHERO DR PO BOX 697 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352009 195352010 195352014 DOMENO THOMAS R &JUDITH T DILLET FREDERICK C LANGON JEFF A&SHEILA A TRE PO BOX 552 PO BOX 801 PO BOX 12 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352015 195352017 195352020 SASSE DONNA A NILSSEN ROBERT E & LYNN A MINI JEFF P & CHRISTINE E 2465 CABALLO RANCHERO DR PO BOX 427 2339 CABALLO RANCHERO DR DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352021 195352023 TIMMSMMS JOHN R LINK RAYMOND F &JUDITH E 022 MALONE CLIFFORD B &SUZANNE 236 5 CABALLO RANCHERO DR 2369 CABALLO RANCHERO DR 2375 CABALLO RANCHERO DR DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352024 195352025 195352029 RESHWAN SALIM NEAL SHELLEY L STEVENS KENNETH V 3000 DANVILLE BLVD#342 2411 CABALLO RANCHERO DR &DEBORAH A ALAMO CA 94507 DIABLO CA 94528 PO BOX 262 DIABLO CA 94528 195361001 195361002 195361003 SUMMERS JOEL G TIMMERMANS ANNE E TRE STEWART ROBERT K&JODI L PO BOX 583 PO BOX 405 1836 EL NIDD DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195361004 195361015 195361016 HOBDEN GARTH B & RITA D POTTS ELIZABETH W TRE FISHER DAVID 1838 EL NIDO PO BOX 732 PO BOX 37 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195361017 195361018 195361019 STURLA ARRIGO& BARBARA CHANG SOTER M & CYBELE HYMAN ALAN L& SONJA G TRE PO BOX 305 125 EL NIDO CT 135 EL NIDO CT ALAMO CA 94507 DIABLO CA 94528 DIABLO CA 94528 195361020 195380003 GEISLER ANTHONY & DOLORES DIABLO COUNTRY CLUB TRE 1600 CLUBHOUSE RD PO BOX 626 DIABLO CA 94528 DIABLO CA 94528 KATHY URBELIS DIABLO MAC DEBOLT CIVIL ENGINEERING 1832 EL NIDD PO BOX 35 811 SAN RAMON VALLEY BLVD DIABLO, CA 94528 DIABLO, CA 94528 DANVILLE, CA 94526 NOTICE OF A ]PUBLIC HEARING You are hereby notified that on WEDNESDAY, JUNE 21, 2006 at 7:00 p.m. in the San Ramon School District Board Room, 699 Old Orchard Drive, Danville, California, the San Ramon Valley Regional Planning Commission will consider a REZONING application as described as follows: DIABLO COUNTRY CLUB (Applicant) — DEBOLT CIVIL ENGINEERING (Owner), County File#RZ06-3175: A request to rezone a 10,624 square foot(0.24-acre)portion of the Diablo Country Club property from Forestry Recreation District(F-R)to R-20 and R-40 Single-Family Residential District. The portion of land to be rezoned is located on the east side of EI Nido Road, adjacent to#832 EI Nido Road in the Diablo area. (F-R) (ZA: S-17) (CT: 3462.01) (GP: SL) (Parcel #195-380-003) If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or Ruben Hernandez at 925-335-1339. Dennis M. Barry, AICP Community Development Director "Contra Costa Times Legals" To KSinc@cob.cccounty.us <cctlegals@cctimes.com> cc RHern@cd.cccounty.us 11/29/2006 10:28 AM Please respond to bcc cctlegals@cctimes.com Subject Publication Request-DIABLO COUNTRY CLUB THIS E-MAIL CONTAINS PERTINENT INFORMATION; PLEASE READ IT CAREFULLY IN ITS ENTIRETY. PLEASE NOTE:All of our offices will he closed Christmas Day,December 25, 2006 and New Year's Day, January 1, 2007. Good Morning. If you have any questions regarding the legal notice confirmed below, please reference the LEGAL NUMBER provided. Only e-mail to cctlegals(acctimes.com regarding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION** TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 7215 PO#: F05508 2026 Publication: CCT Run Date(s): 12/02 Legal Acct#: 200 4197 Total Amount: $176.40 FOR YOUR INFORMATION-Revisions/Cancellations: I will need a cancellation request referencing the LEGAL NUMBER—or all changes attached in a final draft Microsoft Word Document—e-mailed to cctlegals(r ectimes.com by no later than 4 PM tomorrow, Thurs., 11/30. Otherwise, the wording of the legal will publish as you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359—fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals@cctimes.com > Kathy Sinclair/COB/CCC To cctlegals@cctimes.com 11/02/2005 10:00 AM cc RubenHernandez/CD/CCC, bcc A#AAAA*4 Subject Publication Request-DIABLO COUNTRY CLUB Hi Anashia, Please publish the attached legal notice in the CCTimes: DIABLO COUNTRY CLUB One day only, Saturday, December 2, 2006 Reference PO#: 2026 Please confirm receipt of request. Should you have any questions, please call me at the number listed below. Thank you, Kathy Sinclair Clerk of the Board of Supervisors Contra Costa County 925.335.1902 ins Diablo Country Club-121206.doc G�2�y NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS DIABLO AREA NOTICE is hereby given that on Tuesday, Decem- ber 12,2006 at I:00 p.m.in the County Administra- tion Building, 651 Pine Street,Room 107(Corner of Pine and Escobar Streets), Martinez, Cali- fornia, the Contra Costa County Board of Supervi- sors will hold a public hearing to consider the following planning mat- ter: DIABLO COUNTRY CLUB (Applicant)-DEBOLT CIV- IL ENGINEERING (Owner), County File #RZ06-3175: A request to rezone a 10,624 square foot (0.24- acre) portion of the Diablo Country Club prop- erty from Forestry Recre- ation District (F-R) to Single-Family Residential District (R-20 and R-40). The portion of land to be rezoned Is located on the east side of EI Nido Road, immediately south of #1832 EI Nido Road in the Diablo area. (F-R)(ZA: S- 17) (CT: 3462.01) (GP; SL) (Parcel#195-380-003) The location of the sub- ject property is within the unincorporated territory of the County of Contra Costa County, State of California,generally iden- tified below(a more pre- else description may be examined in the Office of the Director of Communi- ty Development, County Administration Building, Martinez,California): The subject site fronts on the eastern side of EI Nido Road, immediately south of 1832 EI Nido Road in the Diablo area. For purposes of compli- ance with the provisions of the California Environ- mental Quality Act (CEQA),it has been deter- mined that per section 15061(b) (3)of CEQA,the Proposed rezoning IS ex- empt from the require- ments of CEQA. If you challenge the proj- ect in court,you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written Correspondence 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,De- cember 12.2006,at 12:30 p.m.in Room 108,Admin- istration Building, 651 Pine Street, Martinez, to meet with any interested parties in order to(1)an- swer questions; (2) re- view the hearing proce- dures used by the Board; (3) clarify the issues be- ing considered by the Board;and(4)provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with 6- staff, please call Ruben Hernandez, Community Development Depart- ment,at(925)335-1339 by 3:00 p.m.on Monday,De- cember 11, 2006 to con- firm your participation. Date:November 30,2006 John Cullen,Clerk of the Board of Supervisors and County Administrator By Katherine Sinclair, Deputy Clerk Legal CCT 7215 Publish December 2,2006 o PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I 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 Drive 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 than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: Dec 2„ all in the year of 2006 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed t Walnut Creek, California. On this day of December, 2006 Signature Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) t TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP 7 ,o Costa COMMUNITY DEVELOPMENT DIRECTOR ^__ a County rq 2d'uK'� DATE: DECEMBER 12, 2006 �^ SUBJECT: HEARING ON THE RECOMMENDATION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION TO REZONE A 0.24-ACRE (10,264-SQUARE FEET) PORTION OF THE DIABLO COUNTRY CLUB PROPERTY FROM FORESTRY RECREATIONAL (F- R) TO SINGLE FAMILY RESIDENTIAL (R-20 AND R-40). THE LAND FRONTS ON THE EAST SIDE OF EL NIDO ROAD, IMMEDIATELY SOUTH OF #1832 EL NIDO IN THE DIABLO AREA (DEBOLT CIVIL ENGINEERING/KATHY URBELIS—APPLICANTS, DIABLO COUNTRY CLUB - OWNER) (COUNTY FILE #RZ063175) (DISTRICT 111) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS A. OPEN the public hearing and receive testimony on the proposed rezoning. B. ADOPT a motion: 1) APPROVE the rezoning of the 0.24-acre property from Forestry Recreation District (F-R) to Single Family Residential (R-20 and R-40) as recommended by the San Ramon Valley Regional Planning Commission; CONTINUED ON ATTACHMENT: X YES SIGNATURE ./RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S):Qj&� Ar_� ACTION OF BOA7N OaTi APPROVED AS RECOMMENDED -W O ER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND (_UNANIMOUS(ABSENT�Y�}+ CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORZOE ATE SHOWN Contact: Ruben Hernandez(925)335-1339 ATTESTED Ong: Community Development Department(CDD) JOHN CULLEN,CLERK OF THE BOARD OF cc: DeBolt Civil Engineering(Applicant) SUPERVISO AND COUNTY ADMINISTRATOR Diablo Country Club(Owners) Diablo Municipal Advisory Council Kathy Urbelis B UTY CDD-GIS File December 12, 2006 Board of Supervisors File#RZ063175 Page 2 2) ADOPT the findings contained in Resolution No. 28-2006, adopted by the San Ramon Valley Regional Planning Commission as the basis for the Board action; 3) FIND that the proposed rezoning is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15061(b)(3); 4) INTRODUCE Ordinance No. 2006-53 giving effect to the aforesaid rezoning, waive reading and adopt the ordinance. 5) DIRECT staff to file a Notice of Exemption with the County Clerk. II. FISCAL IMPACT None. The applicant is responsible for the cost of processing the rezoning request. III. BACKGROUND/REASONS FOR RECOMMENDATIONS On June 21, 2006 the San Ramon Valley Regional Planning Commission unanimously recommended that the Board of Supervisors approve the rezoning of a 0.24-acre (10,264 square feet) portion of the Diablo Country Club property in Diablo from Forestry Recreation (F-R) to Single-Family Residential R-20 and R-40 per the attached resolution. The property to be rezoned and the surrounding residential properties have a General Plan designation of Single Family Residential Low (SL). The golf course, which is located opposite EI Nido Road, has a General Plan designation of Parks-Recreation (PR). EI Nido Road and the subject 0.24-acre piece of land to be rezoned are part of the Diablo Country Club property. The F-R district is one of the zoning districts the General Plan designates as antiquated and to be deleted from the zoning code. Approval of the rezoning will bring the property into consistency with the SL General Plan designation. Once the rezoning is approved, the three adjacent residential property owners of 1828 EI Nido Road, 1832 EI Nido Road and 2369 Caballo Ranchero Drive intend to acquire portions of the subject property. The area to be rezoned is a 0.24-acre triangular shaped piece of land that is currently part of the Diablo Country Club. The site is located in the middle of Diablo, at the eastern end of the golf course across EI Nido Road and outside the fenced portion of the golf course. Physically the property does not appear to be part of the golf course because it is separated from the Country Club property by EI Nido Road and the golf course fencing. From EI Nido Road the site appears to be part of the abutting residential properties (1828 EI Nido Road, 1832 EI Nido Road and 2369 Caballo Ranchero Drive). According to Kathy Urbelis, property owner of 1832 EI Nido, the property has been maintained by the residential property owners and not the Country Club. December 12, 2006 Board of Supervisors File#RZ063175 Page 3 The property has a few trees, brush and some tall grass, but for the most part is open. There are no improvements on site and no frontage improvements along EI Nido Road. The property slopes downward towards a small valley near the northern end of the property. It appears that portions of EI Nido Road drain to the site. The entire Country Club property, including EI Nido Road and the subject property are zoned F-R, but the three abutting residential properties to the north and east are zoned Single Family Residential R-20 and R-40, as are all of the surrounding residential properties. The F-R zoning district permits a broad range of uses, many of which are not compatible or consistent with the SL General Plan designation, so approval of the rezoning will ensure that the 0.24-acre piece of land will remain residential in nature. Prior to submitting the rezoning application one of the adjacent residential property owners (Urbelis, 1832 EI Nido) inquired with the County about acquiring the property from the Diablo Country Club. The property owner was informed that in order to approve a lot line adjustment merging a portion of the Country Club property with their property, the property would first have to be rezoned to a residential zoning district. Per staff's recommendation, the three residential property owners abutting the subject property agreed to pursue a rezoning of the 0.24-acre property in order to facilitate lot line adjustments merging portions of the subject property with the abutting residential properties. Upon approval of the rezoning, lot line adjustment applications merging portions of the subject land with three adjacent residential properties can be submitted. IV. COMMENTS OF THE DIABLO MUNICIPAL ADVISORY COUNCIL The Diablo Municipal Advisory Council voted unanimously to recommend that the County approve the proposed rezoning. V. HEARING BEFORE THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION At the hearing before the San Ramon Valley Regional Planning Commission one resident from Diablo provided some testimony. The resident was under the impression that the rezoning was being done in order to allow the Diablo Country Club to develop a portion of the Country Club property. Once it was explained that the purpose of the rezoning was to facilitate the merger of the subject property with the adjacent residential properties (one of which was their neighbor) they had no concerns with the rezoning. The recommendation to approve the rezoning was approved unanimously by the Planning Commission. VI. DISCUSSION Per the recommendation of the San Ramon Valley Regional Panning Commission, the subject property should be rezoned to match the zoning district of the property with which it December 12, 2006 Board of Supervisors File#RZ063175 Page 4 will be merged. The portion of subject property to be merged with 2369 Caballo Ranchero and 1828 EI Nido will be zoned R-40 and the portion of the subject property to be merged with 1832 EI Nido will be zoned R-20. VII. CONCLUSION Rezoning of the 0.24-acre portion of the Diablo Country Club property to R-20 and R-40 will allow the isolated piece of land to be merged with three adjacent residential properties and bring the property into conformity with the Single Family Residential Low (SL) General Plan designation in which it is located. GACurrent Planning\curr-plan\Board\Board Orders\RZ063175.boardorder.doc RESOLUTION RESOLUTION NO. 28-2006 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS OF THE REQUESTED CHANGE IN ZONING BY DEBOLT CIVIL ENGINEERING (APPLICANT) AND THE DIABLO COUNTRY CLUB (OWNER) (FILE #RZ063175) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE DIABLO AREA OF SAID COUNTY. WHEREAS, a request by DeBolt Civil Engineering (Applicant) and the Diablo Country Club (Owner) to rezone a 0.24-acre (10,264 square feet) portion of the Diablo Country Club property from Forestry Recreation (F-R) to Single Family Residential (R-20 and R-40), for which an application was received by the Community Development Department on February 2, 2006; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, it has been determined that per section 15061(b) (3) of CEQA, the proposed rezoning is exempt from the requirements of CEQA; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, June 21, 2006 where all persons interested therein might appear and be heard; and WHEREAS, on Wednesday, June 21, 2006, the San Ramon Valley Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED, that the San Ramon Valley Regional Planning Commission finds that the proposed rezoning cannot possibly have a significant effect on the environment and per section 15061 (b) (3), is exempt from the requirements of the California Environmental Quality Act; and RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning of the site from Forestry Recreation (F-R) to Single Family Residential (R-20 and R-40) as identified on the attached findings map; BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. Growth Management Performance Standards: 1. Traffic: Rezoning of the property will not result in any additional traffic impacts. 2 2. Water: Rezoning of the 0.24-acre property will not result in any significant additional water demand. The property is currently within East Bay Municipal Utility District's service area. 3. Sewage Disposal: The site is within the Central Sanitary service area, and rezoning the property to R-20 and R-40 will not create the need for additional facilities. 4. Fire Protection: The site is within San Ramon Valley Fire Protection District. 5. Public Protection: The Growth Management Element standard is 155 square feet of Sheriff Facility station area per 1,000 population. This project will not be subject to this requirement. 6. Parks and Recreation: The property to be rezoned will be divided into three parts and combined with three adjacent single-family properties. The three properties that will acquire the additional land have residences on them so no additional park dedication fees will be required. 7. Flood Control and Drainage: The site lies within the Flood Zone C panel #0475B of minimal flooding. B. Rezoning Findings: 1. Required Finding: The change proposed will comply with the Single Family Low (SL) General Plan designation. Project Finding: Rezoning the subject property to Single Family (R-20 and R-40) from Forestry-Recreational (F-R) will make the zoning consistent with the Single Family Low (SL) General Plan designation in which it is located. The R-20 and R-40 zoning districts are consistent with the SL General Plan designation. 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district to uses in adjacent district. Project Finding: The allowed uses in the proposed R-20 and R-40 zoning districts are more compatible with the surrounding (residential) uses than the F-R zoning district in which the property is currently located. All of the uses in the residential and agricultural zoning districts are allowed in the F-R zoning district, many of which are not compatible with the surrounding uses. 3 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The proposed land use district (R-20 and R-40) will allow the adjacent property owners to acquire the property and maintain it. BE IT FURTHER RESOLVED that the Secretary of this PIanning 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 Planning Commission to prepare this resolution were given by motion of the San Ramon Valley Regional Planning Commission on Wednesday, June 21, 2006 by the following vote: AYES: Matsunaga, Gibson, Couture, Bowlby, McPherson, Mulvihill,Neeley NOES: None ABSENT: None ABSTAIN: None Neil Matsunaga, Chair San Ramon Valley Regional Planning Commission County of Contra Costa State of California ATTEST: Dennis M. Barry, Secretary San Ramon Valley Regional Planning Commission County of Contra Costa State of California ORDINANCE AND FINDINGS MAP ORDINANCE NO. 2006 - 53 (Re-Zoning Land in the Diablo Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page S-17 of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Community Development Department File No. RZ063175 ) FROM: Land Use District F-R ( Forestry Recreation ) TO: Land Use District R-20, R-40 ( Single Family Residential ) and the Community Development Director shall change the Zoning'Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. o qr q q R-20 R-40 R-20 fe R-40 ®—®—®m® F—R a ®e q R-20 SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 dats after passage, and within 15 days of passage shall be puhllch..+ —A with the names of supervisors voting for and against it in the C s-j T l wl-e-S _ , a newspaper published in this County. PASSED on 12 —o6 by the following vote: Supervisor Ave No Absent Abstain 1. J. Gioia 2. G.B. Uilkema Qd ( ) ( ) ( ) 3. M.N. Piepho 4. Vacant O O O ( ) 5. F.D. Glover ( ) ( ) ( ) ATTEST: John Cullen, County Administrator and Clerk f the Board of Supervisors Chairman of the Board Iq By e (SEAL) ORDINANCE NO. 2006 - 53 RZ063175-Diablo Country Club Findings Map ............. fl U U fl .......... 6 Nicjo ............ R-20 -R;;;40 -------------- ............. E) ------- Nido Ct ---------------- pp F-R R-20 fl Rezone from F-R to R-20, R-40 Diablo Area [�N R-20 M R-40 1, N. Matsunaga Chair of the Contra Costa County Planning Commission, State of California do hereby certify that this is a true and correct copy of page S-17 of the County's 2005 zoning map. indicating thereon the decision of the Contra Costa County Planning Commission In the matter of Diablo Country Club - RZ063175 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calf. I GENERAL PLAN AND ZONING MAPS ,nd use Map rad 1pw La - � Gene � oro { . . `�• err r Y ' t , y ` � r tobe � � 1 Areaned r J , Rezo Y { - - 1 r3 c% 225 Feet ire P1 W S RZ063175 - Zoning Map r '1 J. 1 o_ Summers/mells ; R-2 1832 EI Nido\ f�R'40 f �,.� •.. :' �� rm ms ,xs �.. 2369'Caballo Ranchero Dr Area to be Nilssen, Rezoned , 1828�EI Nido F :R 4� At R-2 r . :;. , Z .4 IR, PI t 7t, N W�E 0 30 60 120 180 240 �1/ Feet s STAFF REPORT SAN RAMON VALLEY REGIONAL PLANNING COMMISSION JUNE 21 , 2006 Agenda Item # Community Development Contra Costa County SAN RAMON VALLEY REGIONAL PLANNING COMMISSION WEDNESDAY, JUNE 21, 2006, 7:00 P.M. I. INTRODUCTION DIABLO COUNTRY CLUB (Applicant) & DEBOLT CIVIL ENGINEERING (Owner), County File #RZ06-3175: A request to rezone a 10,264 square foot (0.24-acre) portion of the Diablo Country Club property from Forestry Recreation District (F-R) to R-40 Single-Family Residential District. The portion of land to be rezoned is located on the east side of El Nido Road, adjacent to #832 El Nido Road in the Diablo area. (Zoning: F-R) (ZA: S-17) (CT: 3462.01) (GP:SL) (APN: 195-380-003) lI. RECOMMENDATION Adopt a motion recommending that the Board of Supervisors adopt a motion rezoning the 0.24-acre piece of land to R-40 (Single-Family Residential) from Forestry Recreational (F-R). III. GENERAL INFORMATION A. General Plan: The 0.24-acre piece of land to be rezoned is within the Single-Family Low (SL) General Plan Designation. Rezoning the property to R-40 will bring it into conformance with the Single-Family Low (SL) General Plan designation. B. Zoning: The 0.24-acre piece of land to be rezoned is currently zoned Forestry-Recreational (FR). The FR zoning district allows all the uses in the single family residential districts and agricultural districts. C. CEQA Status: Community Development staff has determined that the proposal to rezone a 0.24-acre portion of the Diablo Country Club property to R-40 from F-R has no possibility for having a significant impact on the environment. Therefore, per Section 15061 (b)(3) of CEQA, the project is exempt. Rezoning the subject property to R-40 will make it consistent with the Single-Family Low (SL) General Plan Designation in which it is located. S-1 D. Regulatory Programs: 1. Active Fault Zone: The subject property is not located within an active fault zone. 2. Flood Hazard Area: The subject property is not located within a flood zone. 3. 60 dBA Noise Control Zone: The subject property is not located within a 60dBA noise contour zone. IV. SITE/AREA DESCRIPTION The property to be rezoned is a 10,264 square foot (0.24-acre) portion of land that is currently owned by the Diablo Country Club. The property is located at the eastern end of the golf course, south of Caballo Ranchero Drive, between El Nido Road and three residential properties. The land is physically separated from the Country Club property by El Nido Road. The property has a few trees, brush and some tall grass, but for the most part is open. There are no improvements on site and no frontage improvements along El Nido Road. The property slopes downward towards a small valley near the northern end of the property. It appears that portions of El Nido Road drain to the site. The subject property abuts El Nido Road to the west and single-family residential properties to the north, south and east. The Diablo Country Club golf course is located to the west, opposite El Nido Road. Besides the Country Club property, single-family residential uses zoned R-20 and R-40 surround the site. The property to be rezoned has a General Plan Designation of Single-Family Low (SL). The golf course has a genera plan designation of Parks-Recreation (PR) with El Nido Road being the dividing line between the two designations. V. BACKGROUND The subject property is part of the Country Club property, but is separated from the golf course by El Nido Road. The golf course is fenced off, with El Nido Road and the subject property located outside the fenced portion of the golf course. The property does not appear to be part of the Country Club property due to it being separated from the golf course. This had led to some confusion as to who the property owner is. The property owner to the north of the site (Summer/Urbelis) has indicated that they have maintained a portion of the subject property believing that it S-2 was their property. Once it was discovered that the property belonged to the Country Club, the adjacent property owners and Country Club began negotiating the sale of the property and submitted a request for a lot line adjustment. In response to the request for the lot line adjustment, the County informed the property owners that prior to allowing the lot line adjustment the subject property should be rezoned to a single-family residential district to better reflect the proposed residential use and conform to the surrounding uses. The property is currently zoned Forestry-Recreational (F-R). According to the County General Plan, the F-R zoning district is an antiquated district. The Community Development department is currently in the process of deleting the F-R district from the zoning ordinance. The Diablo Country Club is one of the few properties in the County that is zoned F-R. The future zoning district for the Country Club is currently under review. VI. PROPOSED PROJECT The applicant is requesting the rezoning of 10,264 square foot (0.24-acre) from Forestry-Recreational (F-R) to Single-Family Residential (R-40). The subject piece of property is located on the west side of El Nido Road near the eastern end of the golf course. The property is currently part of the Country Club property,but is separated from the rest of the club by El Nido Road. The rezoning is being requested so that the 0.24-acre piece of land can be made part of three adjacent residential properties (1832 El Nido Road, 2369 Caballo Ranchero Drive and 1828 El Nido Road). Once the property is appropriately zoned, three individual portions of the site will be sold to the abutting property owners. According to one property owner, a sale agreement has been made and is contingent upon finalization of the rezoning. Following is the amount of property to be acquired by each abutting property owner. • 1828 El Nido (Nilssen) -1,312 Square Feet (front yard) • 2369 Caballo Ranchero (Timms) -6,622 Square Feet (rear yard) • 1832 El Nido (Summers/Urbelis)-2,330 Square Feet (side yard) VII. AGENCY COMMENTS Diablo Municipal Advisory Council (DMACI: In a letter dated March 8, 2006, DMAC unanimously recommended that the County approve the proposed rezoning. S-3 VIII. STAFF ANALYSIS/DISCUSSION Rezoning the property to Single-Family Residential (R-40) from Forestry- Recreational will bring the property into conformance with the Single-Family Low (SL) General Plan Designation. Additionally, the rezoning will facilitate transferring the property from the Country Club to the adjacent property owners placing maintenance responsibilities on the hands of the property owners, not the Country Club. X. CONCLUSIONS Staff has determined that rezoning the 0.24-acre property to R-40 from F-R will result in a land use that is more consistent with the surrounding uses and bring the subject property into conformance with the Single-Family Low (SL) General Plan Designation. S-4 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #RZ06-3175 DEBOLT CIVIL ENGINEERING (Applicant) & DIABLO COUNTRY CLUB (Owner). FINDINGS: A. Growth Management Performance Standards: 1. Traffic: Rezoning of the property will not result in any additional traffic impacts. 2. Water: Rezoning of the 0.24-acre property will not result in any significant additional water demand. The property is currently within East Bay Municipal Utility District's service area. 3. Sewage Disposal: The site is within the Central Sanitary service area, and rezoning the property to R-20 will not create the need for additional facilities. 4. Fire Protection: The site is within San Ramon Valley Fire Protection District. 5. Public Protection: The Growth Management Element standard is 155 square feet of Sheriff Facility station area per 1,000 population. This project will not be subject to this requirement. 6. Parks and Recreation: The property to be rezoned will be divided into three parts and combined with three adjacent single-family properties. The three properties that will acquire the additional land have residences on them so no additional park dedication fees will be required. 7. Flood Control and Drainage: The site lies within the Flood Zone C panel #0475B of minimal flooding. (Reference the Growth Management Element, Chapter 4, of the General Plan) B. Rezoning Findings: Section 26-2.1806 of the County Ordinance Code requires specific finding to be made by the planning agency for a rezoning request. They are as follows: 1. Required Finding: The change proposed will comply with the General Plan. Project Finding: Rezoning the subject property to Single Family (R-40)from Forestry-Recreational (F-R) will make the zoning consistent with the Single- Family Low (SL) General Plan Designation in which it is located. The R-40 Zoning District is consistent with the SL General Plan Designation. 2. Required Findine: The uses authorized or proposed in the land use district are compatible within the district to uses in adjacent district. Project FindinZ.• The allowed used in the proposed R-40 Zoning District are more compatible with the surrounding (residential) uses than the F-R Zoning District in which the property is currently located. All of the uses in the residential and agricultural zoning districts are allowed in the F-R zoning district, which leaves the allowed uses on the 0.24-acre property wide open. 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The proposed use (R-40) will allow the adjacent property owners to acquire the property and maintain it. ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. Comply with the requirements of the County Building Inspection Department. B. Comply with the requirements of the Central Sanitary District. C. Comply with the requirements of the San Ramon Valley Fire Protection District. D. Comply with the requirements of the Contra Costa County Public Works Department. RLH 6/12/06 GACurrent Planning\curr-plan\Staff Reports\RZ063175 findings.doc 2 Application for a RezoningContra Costa County f Community Development Department County Administration Building Pine & Escobar Streets No. 31 75RZ Martinez, California 94553- 0095 1. Legal Property Owner: Name: VIAWO C6aAAU. 011. Street: _IGW C2or'-A City: (�o�,lor CA 344;Zev' Phone: 2. Applicant other than legal property owner: Name: 'CL601� C'A 6%aIA+ur,Ay Street: sil 5t" Qa�oh Jall�.Jf QI.`r City: LAAv.I C(k Phone: 9Z5- 857-37$0 3. Applicant must indicate permission of legal property owner to file this application for rezoning by having the legal property owner sign this application on Line 13. 4. Legal written description of property (attach to this application). 5. Property map (attach to this application) : This map must be drawn to scale and must also indicate the adjoining property owners as well as the geographical vicinity of the property. 6. Acreage of property: PREP 4o (Oc re-?-on" 10, UA $p.j fm_ 7. Existing land use district: rt p,In o,& CFAQ S. Request change to: _ Stnq(t 9. Existing use of property: IMC.ANT 10. Proposed use of property: P4C.,\O .L'A I vim— vAr e 11- Reasons why a change of land use district is requested: S-{6� 46n_ fkw mp, Ao/�ON Pf'CA $e A W At I }toa+. .ift tt pwr% ON cel AiLn� t.,Lj corn )et. eLa. a 4o .4G Aatot o('rw. . Once `` lv L ll Cyrnn�'� � C�np�-�t�iis� Continued on Reverse Side 12. Date of application: 13. Signature of owner: Firm:— '7116( o (L C- Title: 6-0-7.1 14. Signature of applicant: Firm: L� Title: PR t). � 15. Assessor's No.: 195 "350 –00-5 Date.Fi.led: Zoning District: Filing Fee: Census Tract: Receipt No.: Atlas Page: By: TO ALL PERSONS FILING FOR APPLICATIONS REQUIRING PUBLIC HEARING REVIEW: The fol:iDwMg ❑ APPLIES ❑ DOES NOT APPLY Please submit a list of names, addresses and assessor's parcel numbers for all properties within 300 feet of your property. Also supply legal size stamped envelopes addressed to each individual property owner but do not include a return address. The required parcel numbers can be determined from the parcel maps available in the Assessor's Office at (4'15) 372-2252. The list of corresponding property owners can also be obtained from the Assessor's Office at 834 Court Street, Martinez, California. C.C.C.C.D.D. 51°S (ttrC / f Diablo Municipal Advisory Council P.O. Box 35 Diablo, CA. 94528 March 8, 2006 Community Development Dept. Contra Costa County 651 Pine Street 4"i Floor Martinez, CA. 94553 Attn: Ruben Hernandez Subject: RZ063175 An application for rezoning 10.264 SF of property owned by Diablo Country Club from Forestry-Recreation (FR) to residential (R-10) was referred to the council by the county. The reason for the rezone is to allow the small remnant parcel to be deeded by the Country Club to the three adjacent property owners. All property owners involved are in favor of this action DMP, by unanimou cojecommended that the proposal be approved by the County. on N* H n Acting Secretary D.M.A.C. 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DIABLO COUNTRY CL! A.P.N. 1455-380-003 i i r- / i! i NG l l A.P.N. 145-240-026 4 JOB NO, 05200 SHE=T 1 0= f SHF-Fr NOTIFICATION LIST I� II 195230012 195240016 195240026 DIABLO COUNTRY CLUB WALL SHELBY J NG PAUL K& MARY T TRE CLUB HOUSE RD PO BOX 652 PO BOX 55 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195240030 195240040 195352006 GRIFFEY LEE & SHIRLEY TRE CORCORAN THOMAS P &MARY E YEE CLARENCE & ELAINE J PO BOX 572 2323 CABALLO RANCHERO DR PO BOX 697 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352009 195352010 195352014 DOMENO THOMAS R&JUDITH T DILLET FREDERICK C LANGON JEFF A & SHEILA A TRE PO BOX 552 PO BOX 801 PO BOX 12 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352015 195352017 195352020 SASSE DONNA A NILSSEN ROBERT E & LYNN A MINI JEFF P & CHRISTINE E 2465 CABALLO RANCHERO DR PO BOX 427 2339 CABALLO RANCHERO DR DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352021 195352022 195352023 LINK RAYMOND F &JUDITH E TRE TIMMS JOHN R MALONE CLIFFORD B &SUZANNE B 2365 CABALLO RANCHERO DR 2369 CABALLO RANCHERO DR 2375 CABALLO RANCHERO DR DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195352024 195352025 195352029 RESHWAN SALIM NEAL SHELLEY L STEVENS KENNETH V &DEBORAH A 3000 DANVILLE BLVD#342 2411 CABALLO RANCHERO DR PO BOX 262 ALAMO CA 94507 DIABLO CA 94528 DIABLO CA 94528 195361001 195361002 195361003 SUMMERS JOEL G TIMMERMANS ANNE E TRE STEWART ROBERT K&JODI L PO BOX 583 PO BOX 405 1836 EL NIDO DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195361004 195361015 195361016 HOBDEN GARTH B & RITA D POTTS ELIZABETH W TRE FISHER DAVID 1838 EL NIDO PO BOX 732 PO BOX 37 DIABLO CA 94528 DIABLO CA 94528 DIABLO CA 94528 195361017 195361018 195361019 STURLA ARRIGO & BARBARA TRE CHANG SOTER M & CYBELE HYMAN ALAN L & SONJA G 135 EL NIDO CT PO BOX 305 125 EL NIDO CT DIABLO CA 94528 ALAMO CA 94507 DIABLO CA 94528 195361020 195380003 GEISLER ANTHONY& DOLORES DIABLO COUNTRY CLUB TRE 1600 CLUBHOUSE RD PO BOX 626 DIABLO CA 94528 DIABLO CA 94528 KATHY URBELIS DIABLO MAC DEBOLT CIVIL ENGINEERING 1832 EL NIDD PO BOX 35 811 SAN RAMON VALLEY BLVD DIABLO, CA 94528 DIABLO, CA 94528 DANVILLE, CA 94526