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Home My WebLink AboutMINUTES - 07121994 - H.7 H. 7 TO: BQARD OF SUPERVISORS Contra FROM: HARVEY E. BRAGDON "' ;• Costa DIRECTOR OF COMMUNITY DEVELOPMENT County '•, DATE: May 9, 1994 SUBJECT: Request for Rezoning and Final Development Plan (2 ) for a Residential Project in the Walnut Creek Area, filed by Sun Capitol Properties (Applicant) and Sun Capitol, Western Centaur Corporation (Owner) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS In accord with the County Planning Commission recommendations: .; 1. Accept the Negative Declaration prepared for this project. 2 . Approve the requested rezoning of the 9 . 37 acre site affecting the area of SUB 7307 from Single Family Residential- Density (R-6) to Planned Unit District (P-1) as conditioned. 3 . Approve the final development plan as conditioned. 4 . Accept findings as prepared for this project as being adequate. 5. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. 6. Direct staff to file a Notice of Determination with the County Clerk. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS In 1989-1990, at the time of the approval of the Tentative Map for SUB 7307 , staff indicated to the County Planning Commission and the Board of Supervisors that the area of the subdivision was designated Single Family Residential-Low Density. That designation allows for 7-21 units on the site. On October 10, 1989 the Planning Commission was unable to reach a decision in this matter as a result of a split vote. The Planning Commission moved that the matter be referred to the Board of Supervisors. On January 20, 1990 the Board of Supervisors approved SUB 7307 for 16 units, subject to conditions of approval with recommendations set forth addressing the geological constraints of the property on Lots 1 through. 5 and subject to rezoning to reduce development potential to conform with the approval project. The applicant filed the- rezoning to conform with the approved project and the map was recorded. After filing the rezoning application, staff determined that all tentative map conditions had been satisfied and the final map was recorded. The matter was scheduled for hearing before the County Planning Commission on Tuesday, September 21 , 1993 for rezoning application #2984-RZ. This rezoning application was submitted to fulfill Condition of approval #2 of SUB 7307 . The property is split between two General Plan designations. Lots 1 and 2 are Single Family Residential-Low Density with an allowable range of 1. 0 and 2 . 9 single family units per acre. Lots 3 to 5 have a split designation with the eastern portions of the lots in Single Family Residential-Low Density and a strip along the western portion of the sites is Single Family Residential-High Density with an allowable range of 5. 0 and 7 . 2 units per acre. Lots 6 through 16 are in Single Family-High Density. Initially staff recommended to rezone Lots 1 through 5 to R-20 - .,20, 400 square feet minimum parcel size. Due to the geological constraints on Lots 1 through 5, staff took it one step further and recommended R-40 - 40, 000 square feet minimum parcel size. Lots 6 through 16 to R-10 - 10, 000 square feet minimum parcel size. However, a supplemental staff report was submitted with the original addressing several concerns relative to conformity with the General Plan designation and with the approved subdivision residential design requirements, in particular the required setbacks of 10 ft. and 15 ft. due to geological constraints. Staff recommended that the entire property be rezoned to a P-1 zoning. The P-1 zoning would allow for such varied setbacks, whereas the R-10, R-20 or R-40 would not. At this meeting the applicant, owner and all interested persons were heard. The applicant expressed concerns and agreed with staff's recommendation that the entire property be rezoned to a P- 1. After concluding the hearing, the Commission unanimously voted (5-0; Clark and Acconero absent) to recommend rezoning to P-1 with conditions. CONTINUED ON ATTACHMENT: X YES SIG NATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDMON OIF 116ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON July 12 , 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Contra Costa County Planning Commission (Single Family Residential (R-6) to Planned Unit District (P-1) recommended) on the request by Sun Capitol Properties (applicant) and Sun Capitol, Western Centaur Corporation, David and Elsie Heaton (owners) (2984-RZ) to rezone 9 . 37 acres of land from Single Family Residential (R-6) to Single Family Residential (R-10 and R-20 )and for approval of Final Development Plan for 16 lots in the Walnut Creek area. Dennis Barry, Community Development Department, presented the staff report on the request, described the proposed location and commented on the Planning Commission recommendation. The public hearing was opened and no one appearing the speak, the public hearing was closed. On recommendation of Supervisor Bishop, IT IS BY THE BOARD ORDERED that recommendations 1, 2 with conditions (Exhibit A attached) , 3 with conditions (Exhibit A attached) , 4, 5, and 6 are APPROVED; and Ordinance No. 94-47, giving effect to the rezoning, is INTRODUCED, reading waived and July 26, 1994 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 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:Rose Marie Pietras - 646-2091 Jul 12 , 1994 Orig: Community Development Department ATTESTED Y cc: Sun Capitol Properties PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS Contrai.Gosta Fire Protection District COU Y ADMINISTRATOR Assessor By , DEPUTY EXHIBIT "A" CONDITIONS OF APPROVAL FOR REZONING OF THE CROWN POINTE SUBDIVISION SITE (SUB 7307) , REZONING FILE #2984-RZ, TO THE PLANNED UNIT DISTRICT (P-1) 1. Development shall be limited to single family residential development for a maximum of 16 lots as generally shown on the approved vesting tentative map as modified by the- final map for subdivision 7307. 2. For Lots 1 - 5 .in Subdivision 7307, land use and design of residential development shall comply with the R-20 zoning ordinance standards, except that the front yard setbacks shall be not less than 15 feet and the sideyard setbacks shall not be less than 10 feet. 3. For Lots 6 - 16 in Subdivision 7307, land use and design of residential development shall comply with the R-10 standards, except that the front yard setbacks shall be not less than 15 feet and the sideyard setbacks shall not be less than 10 feet. 4. Prior to the issuance of any building permit and/or grading permit for work on any lot, the proposed grading, location and design of the proposed residential building to be located on that lot shall be first submitted for review and approval by the Zoning Administrator. Buildings shall be designed and built to fit hillside areas within the envelope areas as indicated on the tentative map. Consideration shall be given to the following: A. Any rear yard deck, whether raised or on grade should blend with the design of the structure. The height of the deck should not exceed ten feet from the walking surface to the ground where the deck extends beyond the downhill side of the structure. All support structures shall be screened and landscaped. B. The specific design of buildings of structures shall result in a footprint that preserves existing matrue oak trees. A combination of staggered exterior wall lines and two-story elelments may be appropriate depending .on the proposed building size and location. C. Roof shapes that complement the character of surrounding terrain and nearby homes shall be utilized. D. Building height, setbacks and bulk shall encourage low profile, stepped-on-grade structures. 5. Prior to issuance of a building permit, a landscape And irrigation plan for each lot shall be submitted for the review .and approval of the zoning Administrator. New landscaping shall utilize California Native Species and conform to the t Contra Costa County policy on water conservation requirements for new development, and shall be installed prior to occupancy. 6. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s) , earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) , if deemed necessary. RMP FD1/2984-RZ.COA 9/17/93 -2-