HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-563 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday, 19th of December,2000,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA,DeSAULNIER and GERBER
NOES: NONE
ABSENT: SUPERVISOR SEAT V IS VACANT AT THIS TIME
ABSTAIN: NONE
RESOLUTION NO 2000/563
SUBJECT: DENIAL OF REZONING#RZ993082 AND DENIAL OF APPEAL OF THE SAN
RAMON VALLEY REGIONAL PLANNING COMMISSION'S DENIAL OF
MINOR SUBDIVISION#MS990009 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 10.8 acre parcel into two lots 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 tools 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 the San Ramon Valley Regional Planning
Commission fully reviewed,considered and evaluated all the testimony and evidence submitted in
this matter; and
WHEREAS, on Wednesday, July 19, 2000 the San Ramon Valley 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, after 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 00/563
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WHEREAS,the Board of Supervisors directed staff to make 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 San 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 Plan 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
County 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 Finding: 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 Clerk 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
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Contact: Rose Marie Pietras (3351216) Board of Supervisors on the date shown.
ATTESTED: December 19, 2000
cc: CAO PHIL BATCHELOR,Clerk of the Board
of Supervilonvand County Administrator
County Counsel � + ,�,s
Community Development Department By �11ss rbeputy
to
RESOLUTION 00/563
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