HomeMy WebLinkAboutMINUTES - 06231987 - T.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 23 , 1987 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Hearing on Application to Rezone Land ( 2710-RZ) and
Development Plan 3010-87 Filed By Bellecci and Associates
and Country Investors in the Oakley Area and Appeal of
Mt. Diablo Audubon Society and the Bay Area Chapter of the
Sierra Club on Subdivision 6924 in the Oakley Area.
This being the time noticed by the Clerk of the Board for hearing
on the recommendation of the East County Regional Planning Commission
on rezoning application 2710-RZ to rezone 21. 2 acres of land located
on the west side of O'Hara Road, 850 feet south of the intersection of
Laurel Road and O'Hara Avenue from General Agriculture (A-2) to
Planned Unit District (P-1) and Development Plan 3010-87 to construct
107 residences filed by Bellecci and Associates (applicants) and
Country Investors (owners) and for the hearing on the appeal of the
Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra Club
on Subdivision 6924 in the Oakley area.
Karl Wandry, Community Development Department, presented the
Planning Commission and staff recommendations and a description of the
project and the proposed site. Mr. Wandry commented that the project
meets the requirements of the Oakley General Plan adopted by the
Board. Mr. Wandry explained that there is an appeal of the Mt. Diablo
Audubon Society and the Bay Area Chapter of the Sierra Club on
Subdivision 6924 associated with the rezoning and development plan
request and that they could be discussed together but should be acted
upon separately.
The Chair opened the public hearing. The following people
appeared to speak:
Frank Bellecci, applicant, representing Country Investors, made
opening remarks on various issues including design, conformance to the
requirements of the Oakley General Plan, the proposed school site, the
park in the project, buffering, drainage, roads and service district
fees;
Steven H. Blum, 6114 LaSalle Avenue, Suite 425, Oakland,
co-counsel, representing Mt. Diablo Audubon Society and Bay Area
Sierra Club, requested the Board to deny the rezoning and also uphold
the appeal and not adopt the Planning Commission findings and
commented on the reasons for the appeal;
Kent Fickett, 3969 N. Peardale, Lafayette, representing Mt.
Diablo Audubon Society, consolidated his remarks on the rezoning
application and the appeal and commented on issues including the
Board' s retention policy for tapes of meetings, the inadequacy of the
Environmental Impact Review, school services, sewers, water, police
services and roads, traffic and failure of the project to comply with
the growth management element of the General Plan Amendment and the
project being premature;
Enrico Cinquini, 1650 O'Hara Avenue, Oakley, spoke on the
deterioration of the area of the proposed project and questioned Mr.
Fickett' s whereabouts during the development of the Oakley General
Plan. Mr. Cinquini also commented on issues including the lack of an
industrial park and the types of housing available in the Oakley area.
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Michelle Perault, 730 Polk Street, San Francisco, representing
the Sierra Club, spoke on issues including responsibility for phasing
of growth and urged the Board to take a role in providing for proper
phasing;
Barney Murdock, Rt. 4, Box 20AB, Oakley, commented on issues
including buffering, noticing, and the designation of his industrial
property to agriculture/recreation under the new Oakley General Plan;
Michael Harris, Country Investors, commented that the project was
unanimously approved by the East County Regional Planning Commission
with the exception of one abstention. Mr. Harris also commented on
the letter agreeing to participate in the police service district, and
on issues including road funds, school fund contributions and park
dedication funds related to the project;
A.B. McNabney, 1161 Lusene Lane, Walnut Creek, representing Mt.
Diablo Audubon Society, commented on issues including support of the
concerns of Mr. Kent Fickett, development being accomplished in a
careful fashion and requested denial of the project and that the
appeal be sustained;
Frank Bellecci of Bellecci and Associates, applicant, spoke in
rebuttal on issues including water, sewer, police services and fire
district and requested the Board to approve the project.
The public hearing was closed.
Supervisor McPeak commented that the issues of child care and
Transportation Systems Management were not addressed in this project.
Supervisor Torlakson commented that from the testimony, from the
staff comments and from discussions with staff prior to the meeting,
he believes there is the need to have further response and more
detailed development in terms of staff reports and packaging of the
information including the following recommendations of Supervisor
Torlakson:
The inclusion of the police service issue in the conditions, a
final report and recommendations on the road issues and a
recommendation on how the specifics of the growth management element
on traffic will be addressed, the need for a specific study using some
of the road fee monies that exist on looking at the different roads
and capacities and timing growth to the capacities that are called out
in the growth management element which is around a service level D
within Oakley.
Supervisor Torlakson also recommended a condition specifying that
building permits could not be let on any map including this one until
such time there is assurance that the Willow Pass Grade project is
going to go forward and that the regional traffic solution is moving
ahead, and also adding a condition on the park dedication fee issue.
Supervisor Torlakson also recommended the inclusion of the plan
for the 11,000 units that were calculated to generate trips and the
capacity that the extra lane would provide for about a five year
period as part of the findings for any consideration on this map.
Supervisor Torlakson also commented on the issues of school
facilities, park dedication fees, and requested a report from Public
Works Department as well as Community Development Department on the
road project plan for Oakley and the schedule on which they' ll be
implemented and to re-review the question whether the growth manage-
ment element on roads will be affected by this project and whether
this project will cause any of the segments of the growth management
element road plan to go beyond or below level D.
He also requested a report from the Community Development
Department relative to the concerns raised by Mr. Murdock about the
designation of his property in the Oakley General Plan.
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He recommended referral of the matter to staff for a more
complete set of recommendations and findings.
Supervisor Fanden commented on the history of Oakley and finding
a solution that meets the needs of the developer and the appellants.
Supervisor Torlakson clarified his recommendations and requests
to include deferring decision on the appeal also until the Board
receives the necessary additional reports.
Supervisor McPeak commented that the land is going to be
developed, as it is no longer viable as agricultural soil, and the
question is merely how and the timing.
IT IS BY THE BOARD ORDERED THAT that the decision on application
2710-RZ, Development Plan 3010-87 and the appeal of Mt. Diablo Audubon
Society and the Bay Area Chapter of the Sierra Club on Subdivision
6924 is DEFERRED to July 28, 1987 to be listed first on the 2: 30
calendar and staff is DIRECTED to prepare appropriate reports and
amended conditions and documentation based on concerns raised at the
hearing today; and DIRECTED Community Developement Department to
review concerns of Barney Murdock relating to his property zoning
designation in the Oakley General Plan.
I hereby certify that this Is a true and correct copy of
an action taker. wnd antered on the mEnutes of the
Board of Supervisors on the date shown.`�
ATTESTED: � .0 —4 .25 0 11 KI
PHIL BA-&HELOR,Cie�k of the Board
of Supervisors and County Administrator
ALBy , Deputy
Orig. Dept. : Clerk of the Board
cc: Community Development Department
County Administrator
County Counsel
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