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Home My WebLink AboutMINUTES - 06131989 - T.11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 11 Adopted this Order on June 13, 1989 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing on Appeal of J.E. Schuricht and Associates and Bob Hammill On Subdivision 7168, Walnut Creek Area. On May 16, 1989, the Board of Supervisors continued to this date the hearings on the Commission initiated rezoning proposal (File 2784-RZ) to rezone a number of parcels in the La Casa Via area presently zoned General Agricultural District (A-2) to Single Family Residential (R-65, R-40 and R-12) in order to establish conformity with the Single Family Residential general plan designation in the Walnut Creek area; and the appeal of J.E. Schuricht and Associates (appellant/applicant) and Bob Hammill (appellant/owner) from the decision of the Contra Costa County Planning Commission on the application by J.E. Schuricht and Associates and Bob Hammill requesting approval to subdivide 6. 1 acres of land into six parcels with variances to the minimum parcel dimensions (proposed parcels ranging from 0. 75 to 1 . 3 acres in size) ( Subdivision 7168 ) in the Walnut Creek area. Supervisor Torlakson advised the Board that there had been a request to consider the appeal before the rezoning request. Karl Wandry, Community Development Department, clarified that the project was dependent upon the rezoning being approved. Mr. Wandry presented the staff report on the rezoning request 2784-RZ, describing the area in question, and commented on the staff recommendation to accept the environmental documentation as being adequate and complete, adopt the findings of the Planning Commission which was a unanimous recommendation to the Board that this be rezoned, introduce the ordinance giving effect to the rezoning, waive reading and set a date for the adoption. Mr. Wandry also presented the staff report on the appeal before the Board from the decision of the Planning Commission on Subdivision 7168 approving the project for five lots rather than the six requested and commented on the staff recommendation to adopt the environmental documentation as being complete and adequate, deny the appeal, sustain the Planning Commission' s approval of the five lot subdivision and adopt the findings of the Planning Commission. He commented that the staff had recommended that should there be a commitment by the applicant to provide a scenic easement throught the property that the property could in fact be rezoned to R-40 instead of R-65 which is consistent with what the Board has done in the past. Supervisor Torlakson requested clarification on the City of Walnut Creek' s position on these matters. Mr. Wandry advised they recommend a four lot subdivision on that parcel. Supervisor Torlakson requested clarification on the order in which the items should be considered. Supervisor Schroder advised that he would be comfortable taking them in order, to determine the rezoning and then the subdivision. Supervisor Schroder questioned the Planning Commission recommendation relative to the R-65 designation because on the map it is R-40 all the way through this area. The public hearing was opened and the following people appeared to speak: Scott Gordon, 611 Las Juntas Street, Martinez, Gordon, DeFraga, Watrous and Pezzaglia, representing Robert Hammill and J.E. Schuricht, thanked the Board for continuing this matter to today to enable him to appear, commented on the reasons for appearing today including trying to strike a balance between the legitimate interest of the public in preserving open space and the rights and expectations of property owners for the development of their property. He commented on the relationship of the rezoning request and the appeal. He requested the Board' s approval of the six lot subdivision as in the original application, commenting on reasons for the request. He also advised that Mr. Hammill has stated that he was willing to accept a condition for dedication to public use in connection with a six lot approval. He commented on other issues including the size and configuration of the proposed lots and the request for the R-40 rezoning. Jim Schuricht, 2630 Salvio Street, Concord, Civil Engineer for Robert Hammill, presented an overlay of the subdivision on an aerial survey commenting on issues including the proposed R-65 rezoning designation, the sizes of surrounding parcels and lots, and requested the approval of the six lot subdivision. Supervisor Schroder requested clarification on the access to the proposed lots that have the scenic easement. Mr. Schuricht responded to Supervisor Schroder' s concern. Ken D. Little, 49 Quail Court #11, Walnut Creek, Little and Saputo, representing Ralph Curley, presented a map commenting on issues including the scenic easement overburdening the parcels, the parcels being surrounded by R-40 zoning, and requested R-40 rezoning. At the request of Supervisor Torlakson, Mr. Wandry clarified the question of the scenic easement and the reason for the recommendation of five lots and the differences between Subdivision 6544 and this subdivision and commented that staff felt that the commitment to the scenic easement was reason to zone it to R-40 but that it was not reason to change it from six lots to five lots. Val Senaysky, 140 Cielo Via, Walnut Creek, presented a letter dated June 13, 1988 to the Board reviewing his oral testimony and requested that his property be rezoned to R-40 rather than the R-65 which the Planning Commission had recommended. Linda Best, 2380 Salvio #303, Concord, Hasseltine/Best, representing the two Marin families who own the two parcels immediately to the east of the Kronick parcel, spoke in support of the Planning Commission recommendation of R-40 zoning for those two parcels. Scott Gordon spoke in rebuttal and again requested approval of the six lot subdivision. Jim Schuricht spoke in rebuttal. The public hearings on these matters were closed. Supervisor Schroder recommended the elimination of the R-65 designation, designating the A-2 to R-12 and the balance of the A-2 to R-40. Supervisor Schroder moved the adoption of the staff recommendations on the rezoning request 2784-RZ with his recommended modification. supervisor Schroder moved to defer the decision on the appeal from the decision of the Planning Commission on Subdivision 7168 for one week on the determination calendar to give consideration to the recommendation from staff, the recommendation from the Planning Commission and the appeal for six lots. Therefore, IT IS BY THE BOARD ORDERED that the Contra Costa County Planning Commission initiated rezoning application 2784-RZ as amended by the Board of Supervisors is APPROVED; and Ordinance No. 89-40, giving effect to the rezoning, is INTRODUCED, reading waived and June 20, 1989 is set for adoption of same; and the decision on appeal of J.E. Schuricht and Associates and Bob Hammill from the decision of the County Planning Commission on Subdivision 7168 is DEFERRED to June 20, 1989 Determination Calendar. I Iatreby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe"on the date shown. �C ATTESTED 1.lZL.�� PHIL BA CHEL.OR.Clerk of the Board of SUWVWors and C MW Administrator By '00" cc: Community Development Dept. Schuricht/Hammill County Counsel