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Home My WebLink AboutMINUTES - 06201989 - T.7 V 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 7 Adopted this Order on June 20, 1989 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing On Rezoning Application 2793-RZ And Subdivision '7109 By Bryan and Murphy Associates, Inc. And California Redwood Homes, Inc. And Appeal Of Bryan and Murphy Associates, Inc. On Subdivision 7109, In The Danville Area. This is the time before the Board of Supervisors heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the San Ramon Valley Regional Planning Commission on the request. by Bryan and Murphy Associates, Inc. (applicant) and California Redwood Homes, Inc. (owners) ( 2793-RZ) to rezone land from General Agricultural District (A-2) to Single Family Residential (R-15) and concurrent Subdivision 7109 application to subdivide same 7. 0 acre parcel into 11 lots; and to consider the appeal of Bryan and Murphy Associates, Inc. from the decision of the San Ramon Valley Regional Planning Commission approving Subdivision 7109 for five lots only in the Danville area. Jean Mesick, Community Development Department, presented the staff report on the rezoning and subdivision requests, described the proposed site and gave a brief history of the applications. She commented on the Planning Commission recommendation for approval of the rezoning to R-40, R-65 with the subdivision approved for five lots, and she commented that the applicant was in concurrence with the rezoning recommendation but was appealing the number of lots approved, requesting six lots rather than five. She commented on the staff recommendation that the Board sustain the action by the Planning Commission, deny the appeal, approve the subdivision for five lots and approve the rezoning to R-40, R-65. Supervisor Schroder requested clarification on the staff ' s recommendation. Ms. Mesick commented that the staff ' s recommendation was for six lots and for the R-40, R-65 rezoning, but as in all cases, they were bringing forward the Planning Commission' s recommendations. The public hearing was opened and the following people appeared to speak: Mike Davis, 111 Piedras Ct. , Danville, architect for Harold Smith Co. , commented on the reason for the appeal is that the subdivision substantially complies with the General Plan and is compatible to the developments around it. He commented on it complying with the prior instructions and recommendations of the San Ramon Valley Regional Planning Commission and that the staff had recommended approval of the six lot subdivision. He also spoke on a history of the project, and on the map for six R-40 lots suitable for horses with no variances and with Alamo Improvement Association approval that was before the San Ramon Valley Planning Commission on March 15, 1989 and subsequent additions and changes commenting on the agreement with the East Bay Regional Park District for the trail easement, the interim trail and construction of a bridge. He commented that there are no variances requested at this time. Steve Fiala, 11500 Skyline Boulevard, Oakland, representing East Bay Regional Park District, clarified and commented on the trail easement and interim trail arrangement worked out between the applicant and the park district. Robert P. Elliott, 137 Romero Circle, Alamo, representing the Alamo Improvement Association, commented on the Association' s letter dated February 27, 1989 indicating support for a six lot subdivision and commented that they would like to support the San Ramon Valley Planning Commission recommendation for five lots at this time. Richard Kellogg, 3282 Stone Valley Road, Danville, representing himself and neighbors, spoke in opposition commenting on the shoehorning in of some of the lots, and expressed support for the five lot subdivision. David M. Meyer, Esq. , 1999 Harrison Street, San Francisco, Crosby, Heafey, Roach and May, counsel for David and Lois Rayden who reside at 1923 Green Valley, commented on a letter he had sent to the Board dated. June 14, 1989 and that they had never seen a subdivision plan that would fit within the R-40 confines. He requested that the recommendation of the San Ramon Valley Regional Planning Commission stand as is. He commented that they reluctantly agreed to the R-40, R-65 zoning as it will essentially serve a buffer purpose and that they would like to see a subdivision limited to no more than five lots. Alan Lefkof, 162 Virginia Court, Danville, commented on issues including erosion of his lot. George McCulley, 1890 Green Valley Road, Danville, representing the Green Valley Blind Road Homeowners ' Association, indicated support for the San Ramon Valley Planning Commission' s decision, and requested consideration for granting homes that are one and one half story high. Supervisor Torlakson requested clarification from Mr. McCulley on the variances to which he had objected. Mr. McCulley responded to Supervisor Torlakson' s request. Mike Davis spoke in rebuttal. Supervisor Torlakson questioned staff and Mr. Davis on the sizes of the various proposed lots. The public hearing was closed. Supervisor Schroder divided the issue into two parts. He moved the rezoning of the property as recommended by the San Ramon Valley Regional Planning Commission to R-40 and R-65. The vote on the motion to approve the rezoning to R-40 and R-65 was as follows: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None Supervisor Schroder advised that prior to making a decision on the subdivision appeal, he wanted the opportunity for himself, Karl Wandry and Jean Mesick to visit the proposed site and see the buildable area in lots five and six, determine whether any variances are necessary, as he understood they were not, and if the Board desires and recommends the six lots, findings would be developed. Supervisor Torlakson questioned whether any variances were being requested. Karl Wandry, Community Development Department, commented that there were no variances being requested and that the lots meet all the R-40 requirements. Supervisor Torlakson indicated support for the six lot subdivision, but commented that he would like Supervisor Schroder to have the time to visit the site. Supervisor Powers questioned staff on the condition of the property and whether soils reports had been done. Mr. Wandry indicated there was some preliminary work done but that there would have to be more done to get the building permits. Supervisor Powers inquired as to whether staff felt that there were any problems dividing this property into six lots. Karl Wandry responded to Supervisor Powers that the only problem was with lot six but that it could be done. Supervisor Powers indicated no problem with allowing the six lot subdivision. Therefore, IT IS BY THE BOARD ORDERED that Rezoning 2793-RZ as recommended by the San Ramon Valley Regional Planning Commission is APPROVED; and Ordinance No. 89-42, giving effect to the rezoning, is INTRODUCED, reading waived, and June 27, 1989 is set for adoption of same; and decision on appeal of Bryan and Murphy Associates, Inc. on Subdivision 7109 is DEFERRED to June 27, 1989 Determination calendar. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supewlaoro on the date ehowm.q ATTESTED: "�`p\'T.�:,,�.�e - I g g 1 PHIL TCHELOff,Clerk of the Board o uperviso County Administrator D By ,Deputy Orig. Dept. : Clerk of the Board cc: Community Development Dept. County Counsel Bryan and Murphy California Redwood Homes The Smith Company I I