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HomeMy WebLinkAboutMINUTES - 03261985 - T.9 T.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 26, 1985 , by the following vote: AYESs Supervisors Schroder , Torlakson and Fanden NOES: Supervisor McPeak ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Rezoning Application 2584-RZ filed by Peters , Verdugo & Hull for the Saddlehorn Ranch, Martinez area . This .being the time for hearing on the recommendation of the County Planning Commission with respect to rezoning application 2584-RZ filed by Peters , Verdugo & Hull (applicant) and Marcellina Pistochini Estate (owner) to rezone approximately 52.9 acres from General Agricultural District (A-2) to Planned Unit Development District (P-1) together with a Preliminary Development Plan for 27 single family residential units and open space area, in the Martinez area. Mr . Harvey Bragdon, Assistant Director of Planning , described the property and advised that the Environmental Impact Report was considered by the Planning Commission and was found to be in compliance with CEQA, the State and local guidelines . Mr . Bragdon advised that the County Planning Commission recommends denial of the application. Mr . Bragdon further advised that the applicant had met with the Homeowners Association following which the Board received a letter from the applicant and a letter from the Association's attor- ney indicating that , subject to strict enforcement of conditions as recommended by staff, they were no longer opposed to the project . The Chairwoman declared the hearing open and the following persons appeared: Tyler P . Bearding , 2173 Ygnacio Valley Road, Walnut Creek, attorney for Tavan Estates Homeowners Association, who advised that the Association's concern was that the conditions be added at the preliminary stage and not a some later stage . Jay Dean, 6733 Corte Segunda, Martinez, who objected to allowing building on the tope of knolls , commenting that this plan came after the EIR , and therefore the EIR did not address that. She also expressed concern that visual mitigation measures be adhered to at the develpment stage . Richard Loewke , representing the City of Martinez , advised that the City of Martinez objects to the modified plan and to the rezoning, commenting that the rezoning should not take place until an acceptable preliminary plan is in place for that location, and further that the City believes the EIR is deficient . Mr . Loewke , on behalf of the City, urged - the Board to deny the rezoning application. Mr . Loewke also advised that if the rezoning is to occur , the City wishes the Board to direct the deve- lopment � of this property through the Citry. Mr . Bragdon advised that the plan that is before the Board was denied by the Planning Commission because of the proposed horse operations , and that the alternative plan as a cluster development 1 was prepared by the applicant following the public hearing by the Planning Commission. He stated that the Planning staff's concern is the location of the development . Mr . Roy Peters , on behalf of the applicants , advised that they had discussed the project with the City but because the City could not provide water at the elevation required , they decided to stay in the County. Supervisor McPeak expressed concern with the degree of cutting of the hills proposed for the project . The Board after considering and evaluating the testimony and evidence submitted in this matter is satisfied: (1 ) that the applicant intends to start construction within th time period per- mitted by the zone change (2) that the proposal is consistant with the General Plan and (3) that the proposal will constitute a resi- dential environment of sustained desirability and stability, in har- mony with the character of the surrounding area. As recommended by Supervisor Fanden, IT IS BY THE BOARD ORDERED that rezoning application 2485-RZ (Saddlehorn Ranch) and the Preliminary Development Plan are APPROVED, subject to the conditions attached hereto as Exhibit A and by reference incorporated herein. IT IS FURTHER ORDERED that Ordinance No . 85-21 giving effect to the aforesaid rezoning in INTRODUCED, reading waived and April 9, 1985 is set for adoption of same . Supervisor Fanden commended the Tavan Estate Homeowners Association and the applicant for working out the various issues related to this project . I hereby cantly the this is a true and correct copY of an sewn taken and entemd on the n*%fts at.the Bolyd of Supwvkars an the daft shown. ATTESTED: ... 6,/i.?S PHIL BATCHELOR,CW*of the Board of Supenytssrs sed County Adn►WWWor cc: Director of Planning By Q Public Works Director County Counsel Applicant Tavan Estates Homeowners Assn . Contra Costa County Fire Protection District i 2 EXHIBIT A CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2584-RZ: 1. This approval is based upon the Preliminary Development Plan Exhibits and supporting documents submitted with the application received by the Planning Department listed as follows: A. Exhibit "A" Revised Preliminary Development Plan, Scale 1" = 100', received January 18, 1985. B. Exhibit "C" Site Development and Grading Study, Scale 1" = 401, received February 15, 1984. C. Exhibit "D" Detention Basin and Storm System addition with cover letter, received March 15, 1984. D. Letter of March 13, 1985, from the applicant, received by the Planning Department March 15, 1985. 2. This approval is for a maximum of 27 dwelling units on approximately 50 acres. Each segment of this proposed development shall be subject to further review when the Final Development Plan is submitted. Additional requirements, conditions and/or modifications may be specified with review of the' Final Development Plans. The conditions of this approval serve to give direction to the applicant in the preparation of the Final Development Plan. 3. The guide for development including dimensional requirements shall be the Single Family Residential District R-10. Buildings on hillside lots shall be predominately one-story, stepped or split level design to relate to the hillside terrain. Provide for an overall parking ratio of not less than five spaces per dwelling unit not including parking for any recreation facility. Parking bays along streets and/or off-street parking and parking at recreation facilities shall be provided. 4. Lot locations and street alignment shown on the Final Development Plan shall be contingent upon a detailed grading plan consistent with soils and geologic investigation of the property. The grading plan shall include a cut and fill map indicating areas, depth and amount of cut and fill proposed on the property. 5. A dainage and erosion control plan shall be submitted with the Final Development Plan and Tentative Subdivision Map, including any off-site drainage facilities. 6. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. S,Al '^ YK t 2584-RZ Page 2 7. A preliminary draft of-Covenants, Conditions and Restrictions shall be submitted with the Final Development Plan and Tentative Subdivision Map. These documents shall provide for the establishment of the ownership and maintenance of open space, common areas, protection and preservation of existing trees, private streets, trails, recreational facilities, fencing, maintenance of drainage facilities and prohibition of substantial additional grading on any lot for buildings or accessory structures. 8. The keeping of horses on the property and related equestrian facilities, shall be eliminated from this proposal. 9. Access for the proposed development shall be by a public road connection to Reliez Valley Road off-site from the south boundary through two adjacent properties. The access road as shown on the submitted plans near the north boundary shall. be eliminated and replaced as an emergency access road extending from Reliez Valley Road in the vicinity of the north boundary, designed and constructed for emergency vehicles only. A. The developer shall provide for a dedicated public collector road constructed to County standards of a 36 foot roadway within a 56 foot right-of-way. The final design and alignment shall be determined with subsequent applications for Final Development Plan and Tentative Subdivision Map. The alignment through the adjacent property (Muchlinksi) shall be compatible with approved plans (County File #2244-RZ). Substained steep road grades shall be minimized by curvilinear road design. 10. A preliminary landscape plan shall be submitted with the Final Development Plan, giving consideration to trees shrubs and plants which relate to the existing site environment and are drought resistant, and giving special attention to reducing the visual impact of grading particularly at the prominent knoll area adjacent to Reliez Valley Road. 11. An earth berm shall be retained at the knoll area to assist to screen buildings as viewed from the north. A minimum slope of 20 percent shall be graded, by cutting only, from the daylight line at the rear of pads for lots 8 through 11 and at the private loop road opposite lots 24 and 25. The horizontal width of the cut slope should be determined by the engineering geologist but not less than 15 feet. 12. The Final Development Plan shall show existing trees to be retained and existing trees to be removed. Consideration shall be given to retaining existing trees on the site. 13. Provision for ordinance shall comply with ordinance requirements, which will include drainage facilities to allow for accommodation of the existing conditions on property adjacent to the north as well as for the proposed development. 14. Comply with the requirements of the Public Works Department, as follows: A. The final development plan and any subdivision application on the property will require compliance with Title 9 and Title 10 of the County Ordinance Code. .�. r+-•+- .-zz. �N.,.<.+ .-c+{- •-S-.TAT-ti._ -, 2584-RZ Page 3 B. Furnish proof to the Public Works Department, Land,Development Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. C. Mitigate the impacts of traffic from this development by: 1. Constructing improvements to Reliez Valley Road in the Martinez area to be approved by the Public Works Department prior to the submittal of improvement plans, Or, at the developer's option, 2. Prior to the issuance of any building permit, contribute $1,300 per dwelling unit to a County trust fund designated toward improvements to Reliez Valley Road in the Martinez area. BT:9bsub 3/22/84 11/17/84 1/9/85 1/25/85 2/7/85 4/22/85 „t �-..r.a>,.:}n+iN'r`.tis:f+C.aF?ro%.'4.N.._. .ima _..-..+•,,...tiw ..*..Ye.:rs+.4 l✓:hY'f- -s.zf{'ro. s•-.t.=�Ar�'+n _». _....__ _r--..:. �.� m. .-.. _u-erw. .9!'h..... .N^ia'v-(+«Y- i.a.-•^-ri +:.'.`..'f•r+'i vr..z`ti'r` N'4`�... :.a., '�