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HomeMy WebLinkAboutMINUTES - 05211991 - 1.67 r '1 1.67 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 21, 1991 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: APPROVAL OF FINDINGS ON THE VESTING RESOLUTION NO. 91/333 TENTATIVE MAP FOR MS 86-89, ANP REQUEST FOR REZONING (2894-RZ) , AS SUBMITTED BY DeBOLT CIVIL ENGINEERING (APPLICANT) AND JEAN-PIERRE POULLEAU (OWNER) . WHEREAS, a request by DeBolt Civil Engineering (Applicant) and Jean-Pierre Poulleau (Owner) to subdivide 3 . 6 acres into three parcels (MS 86-89) was received by the Community Development Department on August 16, 1989 and was scheduled for hearing . before the Zoning Administrator on February 26, 1990, such request being referred to the San Ramon Valley Regional Planning Commission (SRVRPC) for hearing; and WHEREAS, a request by DeBolt Civil Engineering (Applicant) and Jean-Pierre Poulleau (Owner) to rezone the western two acres of a 3 . 6 acre parcel from General Agricultural (A-2) to Single Family Residential (R-65) (3894-RZ) was filed March 28, 1990; and WHEREAS, an Initial Study of Environmental Significance was prepared by the Community Development Department, dated April 18, 199.0, which determined that the requested entitlements would not have .any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, a Negative Declaration of Environmental signifi- cance was prepared, posted and circulated; and - . WHEREAS, after notice was lawfully given, a public hearing was scheduled for the applications before the San Ramon Valley Regional Planning Commission (SRVRPC) on June 6, 1990; and WHEREAS, the SRVRPC on June 6, 1990 denied the referenced Minor Subdivision 86-89, And recommended denial to the Board of Super- visors of the rezoning request (2894-RZ) , for reasons stated in its Resolution No. 33-1990, dated June 20, 1990; and WHEREAS, the Applicant and the Owner timely appealed the SRVRPC's decision by letter dated June 11, 1990 and the Applicant's appeal was noticed and notice of the public hearing thereon having been lawfully given, the County Board of Supervisors heard the appeal on October 16, 1990; and WHEREAS, the Owner and the Applicant pursuant to staff request submitted a detailed report to staff and the Board regarding design, grading and construction of the project, dated September 20, 19901 by Architect Paul O. Frechette ("Frechette Report") , and an accompanying site plan showing lot layout and configura- tion, also dated September 20, 1990 (Frechette Site Plan) , both of which are part of this record and remain on file with the Community Development Department; and Orig. Dept.: cc: 91/333 2 - WHEREAS, the staff has amended the Conditions of Approval for the project to reflect that the project shall be designed, graded and constructed in substantial conformance with the Frechette Report and Frechette Site Plan; and WHEREAS, the Board of Supervisors reviewed and considered all materials made available to the Board as set forth above and as :referenced herein and otherwise, ' and all oral and written comments with respect to the vesting tentative map nd the :rezoning, and the Board approved the vesting tentative map and -the rezoning, subject to findings and conditions as set forth hereunder. :NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors finds and orders as follows: 1. The vesting tentative map is approved for a maximum of three lots as shown on such map. 2. With regard to the Subdivision Map Act (Government Code Section 66474) : A. The vesting tentative map is consistent with the San Ramon Valley Area General Plan. The San Ramon Valley Area General Plan designates the western side of the property as Single Family Residential-Very Low Density (0-1 units per acre) ; and the eastern side as Single Family Residential-Low Density (1-3 units per acre) . The approved three lots on approximately 3 . 6 acres is consistent with such General Plan designation for the property. B. The design and/or improvement of the proposed subdivision is consistent with the San Ramon Valley Area General Plan and all applicable laws and ordi- nances. The project shall be constructed in substan- tial compliance with the Frechette Report and Frechette Site Plan, which ensures that project design will be compatible with all laws and ordinances, and that grading and construction will minimize impacts on the hillsides. C. The site is physically suitable for the type of development. The County Geologist has specifically confirmed that the site can be safely developed as proposed. D. The site,. is physically suitable for the proposed density of development. The County Geologist has specifically confirmed that three lots can be safely developed as proposed. E. The design of the subdivision or the proposed improve- ments is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Initial Study of Environmental Significance was prepared by the Community Development Department, dated April 18, 1990, which determined that the project would not have any significant environmental impacts; further, a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) was properly prepared, posted, and circulated to all appropriate agencies for review and comment. 91/333 3 . F. The design of the subdivision or type of improvements .is not likely to cause serious public health problems. Development of the lots has been confirmed as safe by the County Geologist. A site study has been prepared and submitted confirming that the access road to Lots B and C as shown on the vesting tentative map has a sight distance onto Las Trampas Road which is safe and acceptable to the county. Such Site Plan is attached as Figure II to the June 6, 1990 staff report for the San Ramon Valley Regional Planning Commission hearing. G. The design of the subdivision or the type of improve- ments will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 3 . With regard to findings on the Minor Subdivision 86-89 made by the San Ramon Valley Regional Planning Commission by Resolution No. 33-1990, the Board finds as follows: A. The proposed project may be constructed on the hillside safely as stated by the County Geologist, and as required by the Conditions of Approval and the Frechette Report and Frechette Site Plan. B. The proposed building sites are not excessively steep as confirmed by the County Geologist. Further, the proposed building sites will not result in development that is visually incompatible with the surrounding neighborhood. The Conditions of Approval as amended require the project to be designed, graded and constructed in substantial conformance to the Frechette Report and the Frechette Site Plan, which in turn require the project to be constructed to minimize grading, and to conform to the contours of the hill- side. Photographs submitted by the Owner and Applicant show that the project preserves the natural beauty and openness of the areas well as any of the neighboring lots. The placement of the buildings, decks and driveways as proposed allows for greater open space and preservation of existing mature trees. C. Development of the site will not require unreasonable granting of variances or exceptions to the subdivision code in order to construct access to the site or to crate suitable building sites. The project will be constructed pursuant to the Conditions of Approval, the Frechette Report, and the Frechette Site Plan, which do not provide or allow for such unreasonable variances or unsuitable building sites. D. The development will not result in the introduction of a traffic hazard with regard to the proposed driveway access. A site study has been prepared and submitted confirming that the access road to Lots B and .0 on the vesting tentative map has a sight distance onto Las Trampas Road which is safe and acceptable to the County. Such site study is attached as Figure II to the June 6, 1990 staff report for the San Ramon Valley Regional Planning Commission. 91/333 4 . 4. The Board finds that rezoning the portion the project property which contains the existing resident (Lot A) from A-2 to R-65 will bring such property into conformance with the designation of Single Family Residential-Very Low Density in the General Plan, and will prohibit such portion of the property from being further subdivided. 5. With regard to the reasons set forth by the San Ramon Valley Regional Planning Commission for recommending denial of the rezoning as approved herein, the Board finds: A. The entire 3 . 6 acre site is not designated County Estates as shown on the 1977 San Ramon Valley Area General Plan. Such Plan shows a line drawn generally toward the eastern end of the subject property; the Board finds that the line was intended to generally follow the more accurate zoning line, which more clearly shows a line bisecting the property. The property thus is designated both Single Family Residential-Very Low Density and Single Family Residential-Low Density. Regardless of this finding, the Board further finds that the proposed subdivision of 3 lots on approximately 3 . 6 acres is consistent with the San Ramon Valley Area General Plan under either interpretation. Further, the Board finds that the proposed project is consistent with the proposed rezoning of the project. Under such rezoning, Lot A . will be within R-65 zoning. Lot A conforms to all requirements of such zoning. Lots B and C will remain under R-20 zoning. Lots B and C conform to all requirements of such zoning. B. The proposed zoning would not permit more development on the site than warranted based on plan policies. The proposed zoning will permit only three lots on the project site, which is consistent with the General Plan and all related policies. Such lots will be developed in conformance with the Conditions of Approval, the Frechette Report, and the Frechette Site Plan. 6. The requirements, of CEQA with regard to the vesting tenta- tive map and the rezoning approval have been addressed. An Initial Study of Environmental Significance was prepared by the Community Development Department, dated April 18, 1990, which determined that the requested entitlements would not have any significant adverse environmental impacts. A Negative Declaration of Environmental Significance was prepared, •noticed, and circulated prior to the applicable public hearing. 7. The Applicant shall comply with each of the Conditions of Approval for Minor Subdivision 86-89, as amended and attached to the Report from Harvey Bragdon to the Board dated October- 10, 1990, and as submitted by staff to the Board at the hearing on October 16, 1990. S. In addition to the Conditions of Approval as amended, as described above, the Applicant shall comply with the following: A. The vesting tentative map is approved for a maximum of three lots, as such lots are set forth on the vesting tentative map. However, Lots B and C on such map shall be subject to further evaluation by the Zoning Adminis- trator after conducting a noticed public hearing. The 91/333 5. Applicant shall submit a site plan, preliminary grading plan and preliminary landscaping plan prior to approval of the Final Map. The submitted plans shall be of sufficient detail to identify the location of the building footprints and provide the Zoning Adminis- trator with sufficient information to make a determina- tion whether the final map for the subdivision will be for two or three lots (i.e. , whether both Lots B and C shall be included) . Basic architectural requirements and limitations shall be required by the Zoning Administrator as part of this determination. Any future approval of final design, landscaping, archi- tecture and grading as required by Conditions of Approval No. 5 shall be substantially consistent with the plans approved by the Zoning Administrator as part of this Condition. The Zoning Administrator shall review such submitted materials and confirm whether both Lots B and C can be constructed in accordance with the Conditions of approval, the Frechette Report, the Frechette Site Plan, and the submitted materials, in a manner that is visuallX compatible with the surrounding properties and avoids the establishment of any hazardous conditions. The Zoning Administrator shall retain the right to delete one of the two lots (Lot A or Lot B) if it is found that such lots cannot be developed in accordance with the referenced documents; the project introduces a hazardous conditions; or the project is found to be visually incompatible with the neighborhood. I hereby certify that this is a true and correct copy of RD/aa an action taken and entered on the minutes of the BDIII/86-89.RD Board of Supervisors on the date shown. ATTESTED: PHIL BAT°H DR,Cierk of the Board CC: Community Development Dept. upervis and County d inistrator Attn: Rbt. Drake County Counsel By ,Deauty O 11 91/333