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HomeMy WebLinkAboutMINUTES - 05081984 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 8, 1984 , by the following vote: YES: Supervisors Fanden, McPeak, Torlakson NOES: Supervisor Schroder ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Hearing on recommendation of the County Planning Commission with respect to rezoning application 2549-RZ filed by Four Winds Retirement Community Project, to rezone land in the Clayton area. The Board on April 10, 1984, having continued to this date the hearing on recommendation of the County Planning Commission with respect to rezoning application 2549-RZ filed by Four Winds Retirement Community Project to rezone 11. 58 acres from General Agriculture District (A-2) to Planned Unit Development (P-1) and for approval of a Preliminary Development Plan for a 32 unit retirement project in the Clayton area; and Harvey Bragdon, Assistant Director of Planning, having described the property site and advised that an Environmental Impact report was prepared under County File #2464-RZ, which adequately addresses impacts associated with this project and also advised that this matter was coming before the Board with a three to three vote from the County Planning Commission, recommending denial, and advised that those Commissioner' s voting for approval of this pro- ject did so with the conditions of approval included in the Board' s material for this meeting; and Supervisor Schroder having inquired as to whether this project was in conformance with the General Plan; and Harvey Bragdon advised that in staff' s opinion the pro- ject was consistent with the General Plan; and The Chairman having opened the public hearing; and Dale Adams, attorney, representing Four Winds Retirement Community Project, having appeared and advised that this hearing has been continued a number of times because of the desire to have this matter heard before a full board, and requested that the Board defer their decision on this matter until such time as there is a full Board present; and Supervisor Torlakson having referred to a section of the Planning and Zoning Code which indicates that it requires three votes to modify, approve, or disapprove this project which would mean that if the vote was split in any fashion then the matter would have to be continued until a time when a full Board was pre- sent, and recommended that the public hearing process be completed this evening; and Mr. Adams having advised that this project was a proposed retirement community made up of 32 couples from around the world which were general partners in this project, and advised that thev had selected the Clayton area site because of its rural setting, the proximity to public transportation, and medical services, and advised that there has been a General Plan change which would allow for the rezoning of this property; and Mr. Adams having requested that the following items of the conditions of approval be modified.- 1. odified:1. Condition number five be modified to require that there be a Fire Protection System, as would be approved by the Fire District; and 2. Condition .number 22 be modified to require parking as stated in the County Code which requires two and one- quarter parking spaces per unit; and 3. Condition number 39 be modified to require a 20 foot pavement instead of a 28 foot pavement; and Supervisor Fanden having inquired as to whether a retire- ment community with an age restriction was legal in the State of California; and Dale Adams having advised that there has been a decision rendered by the Supreme Court which dealt with whether or not children can be excluded from housing, but advised that there was a note in that decision which stated that contrary to the suggestion of the dissent this opinion does bar age limit admission policies of retirement communities or housing complexes reserved for elderly citizens, and also advised that Senate Bill 1553 has been introduced and if passed would put into State law the fact that you can have those age restrictions; and " Supervisor Torlakson having advised that this was a matter which was not resovable this evening and suggested that the public hearing proceed; and William Glass, Architect for the Four Winds Retirement Community, having appeared and made a slide presentation to the Board commenting that the County Planning staff felt that this was a good project and recommended that it be approved, and also commented that the General Plan would allow 43 units, and that the Four Winds Retirement Community Project consisted of only 32 units; and William Glass advised that his goal was to achieve a site sensitive design which will preserve a large amount of open space, and also advised that the existing trees and vegetation would shield this project from the neighbors on all sides, and stated that, in his opinion, this project would be an asset to the com- munity and urged the Board to approve the Four Winds Retirement Community project; and The following persons having appeared in favor of the Four Winds Retirement Community Project: Ren Malmborg, 8100 Marsh Creek Road, Clayton; Harold Deems, 49 Nottingham Circle, Clayton; Michel Hules, 25 Nottingham Circle, Clayton; John J. Morris, 1548 Rirker Pass Road, Clayton; Julie Gilchrist, 5560 Southbrook, Clayton; Phil Tinsley, City of Clayton, (no address submitted) ; and Serafino Bianchi, 1185 Pine Lane, Clayton, representing the Diablo East Homeowners Association, having appeared in opposi- tion, with a slide presentation for the. Board, and having commented on the failure of the roads in this area because of heavy rains and expressed concerns about the additional amounts of traffic which would be generated by this project; and Mr. David R. Olick, attorney, representing Diablo East Homeowners Association, having appeared and expressed his objections to continuing the hearing because there was not a full Board pre- sent, and advised that he strenuously objected to Dale Adams' com- ments with respect to the issue of excluding children from this project, and stated that, in his opinion, excluding children from housing was illegal; and Mr. Olick having expressed his concerns regarding road accesiblity, lack of public transportation, the projects incom- patiblity with the surrounding neighborhood, and having also expressed opposition to the project because of the age restriction factor, and urged the Board_.to denv. rezoninq application 2549-RZ filed by the Four Winds Retirement Community Project; and The following persons having also appeared in opposition to the proposed project: Stan Bergum, 1180 Russelman Park Road, Clayton; Eileen T. Tobin, 1077 Pine Lane, Clayton; Sharon L. Osteen, 1060 Pine Lane, Clayton; Joy Bianchi, 1185 Pine Lane, Clayton; Marilyn Trent, 1077 Pine Lane, Clayton; Jason Rrane, 1207 Pine Lane, Clayton; Ralph Burgess, 1155 Pine Lane Clayton; Brenda Leal, 1110 Russelmann Park Road, Clayton; Beverly Leal, 1110 Russelmann Park Road, Clayton; Roseann Rrane, 1207 Pine Lane, Clayton; Juliet Bianchi, 1185 Pine Lane, Clayton; Leonora Bianchi, 1185 Pine Lane,. Clayton; David T. Osteen, 1060 Pine Lane, Clayton; The Chairman read into the record written comments which he received in opposition to the proposed project from the following: Curtiss E. Kelley Jr. , 8385 Marsh Creek Road, Clayton; Tim Krane, 1207 Pine Lane, Clayton; Thor W. Shirley, 1080 Pine Lane, Clayton; William Glass having appeared in rebuttal and addressed the concerns which were raised by the neighbors who were in opposi- tion to the proposed project, and having urged the Board to approve rezoning application 2549-RZ filed by the Four Winds Retirement Community Project; and The Chairman having closed the public hearing; and Supervisor Torlakson having commented that the proposed project concept was good, but stated that the location for the pro- ject is out of place, and out of character with the surrounding land uses and commented that, in his opinion, condominiums did not fit in with ranchettes or rural estate living, and stated that he felt it was extremley important for the County to work with the cities involved and to respect their General Plans, and commented that he felt that the letters submitted by the City of Clayton and the City of Concord were very significant and should be considered as a central part of the Board' s decision on this project, and further advised that he was strongly opposed to this Development Plan in its current state; and Supervisor Schroder having commented that the Board had received testimony from several people with respect to this project, and stated that, in his opinion, a few minutes was not enough time to weigh the testimony of several speakers, and also commented that condition of approval had been submitted which needed to be reviewed by the Board, and recommended that the Board defer its decision on this proposed project for at least two .weeks; and y . Supervisor Schroder having moved that the Board defer its decision on rezoning application 2549-RZ filed by the Four Winds Retirement Community Project in the Clayton area to May 22, 1984, at 2: 30 p.m. ; and The motion having died for lack of a second; and Supervisor McPeak having commented that she felt this pro- posal was not compatible, and that perhaps 16 to 17 units on this property would be more consistent with the surrounding area; and /0I/� ♦: t Supervisor Fanden having stated that, in her opinion, this project was incompatible with the surrounding neighborhood, and was not in harmony with the existing developments, and advised that she would vote against rezoning application 2549-RZ, but stated that she could support 7 to 12 units on tbis nrnnerty? and Supervisor Torlakson having recommended that the Board send rezoning application 2549-RZ back to the Planning Commission for modification, and for the applicant to consider redesigning the project to a lower density, and designing criteria or. conditions that would be appropriate for that lower density, and advised that he would support 7 to 12 units for this project, .arid stated that, in his opinion 16 to 17 units was too high; and Supervisor Torlakson having reiterated a motion to send rezoning application 2549-RZ back to the Planning Commission and the Planning staff, indicating that three Board members disapprove of 32 units for this project, to consider comments made by Supervisor McPeak with regard to density of the proposed project and her analy- sis from the Environmental Impact Report that 16 to 17 units would be appropriate for this proposed project, and Supervisors Torlakson and Fanden' s recommendations for 7 to 12 units, and also that four Board members agree that some type of development is appropriate for this land; and Supervisor Fanden having recommended that no matter how many units the Planning Commission considers that all of the con- ditions of approval and the conditions which were submitted to the Board this day be reviewed by the Planning Commission; and Board members having discussed the matter, IT IS ORDERED that rezoning application 2549-RZ filed by Four Winds Retirement Community Project is REFERRED back to the Planning Commission for a report and recommendation based upon the Board' s discussion of this date. l"mby cwtly Me"fs a true andcorrect eopyof an action taken and enf rad on the mlautas of the Board or Supervisors on the date shown. ATTESTED: J.A. (XSSON, C UNTY CLERK .&W ex officio Cierk of the Board Deputy Orig Dept: Clerk of the Board cc: Director of Planning Public Works Director County Counsel David Olick Dale Adams