HomeMy WebLinkAboutMINUTES - 04061993 - H.5 _ s • µ.J
` •`�' ^i ��• Contra
TO: BOARD OF SUPERVISORS
n.0.' = .: Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT
y
DATE: March 30, 1993 s�� �ourii^T
SUBJECT: APPEAL - Minor Subdivision #19-91, Schell & Martin (Applicants) - Bob
& Karin Santos (Owners) - MS #19-91 - To divide 2 .27 acres into three
(3) parcels - Alhambra Valley Area. (S.D. II) . Continued from
February 23, 1993
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Uphold the County Planning Commission's decision, DENY the
appeal.
2 . Adopt the County. Planning Commission's findings as the basis
for your Board's decision, attached hereto as Exhibit A and
incorporated herein by reference.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Following the February 23 , 1993 Board meeting, staff met with the
applicant to clarify the general plan designation and review the
applicant's proposal for a two lot subdivision. Staff concluded
the general plan for the subject property is Agricultural Land,
requiring a minimum of 5-acres to subdivide and the applicant's
proposal for two lots lacked merit.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON AprilAPPROVED AS RECOMMENDED x OTHER
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT I TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Debbie Drennan - 646-2031
Orig: Community Development Department ATTESTED April 6, 1993
cc: Public Wo; rks. PHIL BATCHELOR, CLERK OF
Bob & Karin Santos THE BOARD OF SUPERVISORS
7Y ADMINISTRATOR
BYI.CfD�C
, DEPUTY
ADDENDUM TO ITEM H.5, APRIL 6, 1993
On February 23, 1993,the Board of Supervisors continued to this date the hearing on the appeal of
Robert and Karen Santos from the decision of the Conra Costa County Planning Commission Board of
Appeals on the request to subdivide 2.27 acres of land into 3 lots with variances requested for a 60-foot lot
depth on Parcel B (120 feet required), Schell and Martin, Inc., (applicant), and Bob and Karen Santos(owners)
(MS 19-91)in the Alhambra Valley area.
Joe Campisi, attorney, (no card submited) representing Bob and Karen Santos, commented on a letter
and exhibits from himself(no copy submitted to the Clerk), and advised the Board that he believed the
underlying problem was the zoning of the property.
Supervisor Bishop inquired as to whether the two houses on the property were presently inhabited.
Mr. Camprisi responded that they were both inhabited.
Supervisor Bishop inquired as to the location of the septic fields on the next parcel.
M. Camprisi responded that both houses have easements on the parkland adjacent to the east.
Mary Fleming, Community Development Department clarified the location of the site and nearby
parklands, the zoning and the general plan, and she commented on the denial of this application by the Zoning
Administrator and the Planning Commission.
In reply to Supervisor Bishop's inquiry as to whether the parcel was outside the urban limit line, Ms.
Fleming advised that it was.
Hal Olsen, 22 Wanda Way, Martinez, representing the Alhambra Valley Improvement Association,
spoke in opposition.
Kenneth D. Rudd, 2635 Reliez Valley Road, Martinez, submitted a card expressing his opposition.
Daniel Fischer, P. O. Box 1997, Martinez, spoke in opposition.
Mr. Camprisi spoke in rebuttal; Mr. Bob Santos also spoke in rebuttal.
All persons desiring to speak having been heard, the Chair declared the public hearing closed.
V.Westman, County Counsel, advised that there was not a General Plan Amendment before the
Board and that the property had been in agricultural use or open space use. He further advised that in his
understanding of the matter it would be difficult to defend a decision approving the subdivision of this property
and making the finding that it is consistent with the General Plan in the absence of further facts.
Supervisor Smith advised that it would be his recommendation to deny the appeal.
THEREFORE, IT IS BY THE BOARD ORDERED that the appeal of Karin and Bob Santos from the
decision of the Contra Costa County Planning Commission Board of Appeals on MS 19-91 in the Alhambra
Valley area is DENIED.
�w
BEFORE THE BOARD OF APPEALS
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL Schell & Martin (Applicant)
Robert & Karen Santos (owners) Resolution 166-1992
MS 19-91, Alhambra Valley Area (S.D.II)
WHEREAS, an application by SCHELL & MARTIN (Applicants) ,
ROBERT & KAREN SANTOS (Owners) , (M.S. 19-91) , requesting approval
to divide 2.27 acres into three (3) lots with variance for a 60-
ft. , lot depth on Parcel B (120-ft. , required) , was received by the
Community Development Department on April 10, 1992; and
WHEREAS, for purposes of compliance with the provisions of the
California Environmental Quality Act, a Negative Declaration of En-
vironmental Significance was issued on September 5, 1991; and
WHEREAS, after notice thereof having been given, a public
hearing was scheduled before the County Zoning Administrator for
March 23, 1992, April 20, 1992 and May 4, 1992, whereat all persons
interested therein might appear and be heard; and
WHEREAS, on May 4, 1992, the Zoning Administrator having fully
reviewed, considered and evaluated all the testimony and evidence
submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the Zoning Administrator
DENIED the minor subdivision application of SCHELL & MARTIN/ROBERT
& KAREN SANTOS (MS 19-91) , to divide 2 . 27 acres into three (3) lots
with variance for a 60-ft. , lot depth on Parcel B in that:
A. The subdivision as proposed- does not comply with the
General Plan as required by Government Code 166474.61 (a)
of the Subdivision Map Act; and
B. The subject property* is not physically suitable for the
type of development- (Government Code #667474.61 (c) ; and
BE IT FURTHER RESOLVED that on May 14, 1992, the owners,
ROBERT & KAREN SANTOS, appealed the Zoning Administrator's decision
to the Board of Appeals (Planning Commission) for public hearing
and determination; and
BE IT FURTHER RESOLVED that on Tuesday, October 13, 1992, the
County Planning Commission sitting as the Board of Appeals DENIED
the appeal of Robert and Karen Santos upholding the decision and
reasons of the Zoning Administrator by the following vote:
AYES: . Commissioners Frakes, Clark.' Accornero, Gaddis,
Sakai, Woo, Terrell.
�Fiuq DL U
Resolution No. 66-1992
NOES: Commissioners - None.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - None.
BE IT FURTHER RESOLVED that on October 22, 1992, Robert &
Karen Santos (owners) , appealed the decision of the Board of
Appeals to the Board of Supervisors for public hearing and
determination.
MARVIN J. TERRELL
Chairman of the Planning Commission,
Contra C sta aunty, State of Calif.
Contra C stax�ounty State
E.
r don,
Secretary
i
trig ss io C4
19 November 1992 ATTEST: d
H E. r don, Secretary of the
V ping Co ission - Contra Costa
v. of California.County, Stat of Clifor