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HomeMy WebLinkAboutMINUTES - 05091995 - 2.5 Contra Costa TO: BOARD OF SUPERVISORS County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: March 31, 1995 SUBJECT: BRYAN & MURPHY, GORMAN AND ASSOCIATES, INC. REQUEST FOR GENERAL PLAN CHANGE SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Denial of the Bryan & Murphy,, Gorman and Associates request to consider a General Plan Amendment from Agricultural Lands to Single Family Residential Very Low Density and for a minor amendment in the County' s Urban Limits Line. 2 . If the applicant wishes to pursue development of the site at these densities they should be encouraged to work with the City of San Ramon. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS A request has been received from Bryan & Murphy, Gorman and Associates, Inc. to have the Board of Supervisors direct staff to initiate . a general plan study to consider a modification of the Urban Limits Line and to modify the designation from Agricultural P Lands to Single Family Residential Very Low Density. The area for Which they request such designation is shown on Map 1 . The request covers four existing county parcels (#209-090-023 & 024 and #209-090-031 & 032) . The parcels are shown on Map 2 . The existing Urban Limits Line approximates the City of San Ramon boundary and the site is currently designated as Agricultural Lands . CONTINUED ON. ATTACHMENT: R YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ON Of PIARD COMMITTEE APPROVE. OTHER S I GNATURE (S) ACTION OF BOARD ON May 9 , 1995 APPROVED AS RECOMMENDED x OTHER 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. Oriq: Community Development Department ATTESTED May 9 , 1995 Contact Person: Jim Cutler, 646-2034 cc: County Counsel PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS CAO CO AD ISTRATOR Bryan & Murphy, Gorman and Associates East Bay Regional Park District BY , DEPUTY San Ramon Planning Request for General Plan Change from Bryan & Murphy March 31, 1995 Page Two PRIOR DEVELOPMENT HISTORY ON THESE PARCELS Prior to the incorporation of the City of San Ramon, the County considered the development of a 107 lot subdivision #4943 . As a condition of that subdivision the County, in 1977, required that development rights be deeded to the remainder property found in parcels #209-090-023, 024, and 032 . This area is shown on Map 2 . Those development rights restricted further subdivision to up to five ranchette parcels on the approximately 149 acre area. In 1990, Bryan &Murphy applied for Minor Subdivision #132-90 which would allow for 4 parcels consistent with the deeded development rights . A 4 lot subdivision was approved by the Zoning Administrator. It was appealed by the City of San Ramon because it conflicted with the City' s Westside Specific Plan which calls for 200 acre parcels in the area. The San Ramon Valley Regional Planning Commission allowed the 4 lot approval to stand, based largely on the historic development rights agreement on the property. This tentative map has until January 17, 1996 before it expires . It is clear that deeded development rights preclude the type of development requested for the northern parcels of the property and no amendment is appropriate there . EBMUD' S ULTIMATE SERVICE BOUNDARY The site is outside of EBMUD' s ultimate service boundary and for public water service to the site. EBMUD is the only potential public potable water supplier. LAS TRAMPAS HILLS Prior to the incorporation of San Ramon, the County General Plan has specific wording within the San Ramon Valley Area General Plan which called for protection of the Las Trampas hills from suburban development . Development was allowed on the valley floor and on the lower foothills, but the upper elevations and secondary valleys were to be protected from suburban development. Bishop Ranch Regional Open Space was mandated by the approval of the original rezoning of that project. Subdivision #4943 was restricted to large lot ranchettes by deeded development rights in 1977 for consistent reasons . In general, both the City of San Ramon and the Town of Danville has confirmed these preservation policies as they apply to the Las Trampas hills . Allowing suburbanization of this area would be inconsistent with past County policies and decisions . ACCESS TO THE SITE Access to the site is through the Geldermann property which is within the City of San Ramon. While rural access of a few lots allowed under the Agricultural Lands Designation of the County General Plan might not be inconsistent with County planning concepts, the suburbanization of parcel #209-090-31 should only be considered in concert with development to be considered for the Geldermann Trust holdings currently existing within the city. It would make more sense for the applicant to work with the City of San Ramon to try to gain approval of the Single Family Residential Very Low Density area rather than the County. SAN RAMON POLICIES The City has adopted the Westside Specific Plan which severely limits development potential for these parcels to very large parcel sizes . Further, the city voters adopted ordinance #197 Request for General P1an . Change by Bryan & Murphy March 31, 1995 Page Three which placed severe restrictions on the development on high and moderate slope lands . Without going into great detail here, it appears this proposal would conflict with adopted city policy. SUMMARY Given that over sixty percent of the site is deed restricted and the range of potential issues that can be anticipated from pursuing development on the other property, staff feels the request for General Plan study should be denied. It wouldn' t appear fair to have the applicant fund the needed EIR and to pay application fees, given the range of issues we know will occur and would severely limit potential for approval . If the applicant wishes to consider suburban development on parcel #209-090-031 staff feels they should work with the City of San Ramon and consider the land concurrently with the Geldermann Trust holding within the city. If the applicant wishes to insist on the right to proceed on parcel #209-090-031, he should acknowledge the need for an EIR and the difficulty of further processing. JC/db a: \BO-GP.B&M 3/31/95 • "ryan & PqUrphY9 Gorman and Associates General plan Amendment County File #GP.95-0002 P (.;o PS R A (NOR R IS) p SL 1 4010 IDS MM 61 v W�\ PR A 't S S S 21 S �6 S To Remain Hit! Project BOundar'Y LEGEND 2� S v Single Family Residen tial-Very SL Low • 045 Single Family Residential-Low SA4 Single Family Residentia A4L -Multiple I-A4cdiu M Family Residential-Low A4A4 A4ultiple Family 0S Residential-Medium A4H Wldple Famil COCO Y Residential-High mmercial BP Business park PS Public/Semi-Public North 2000t PR Parks &Recreation 42 OS Open SPace AL Agricultural Lands Pro posed Genera ............................. mend ment Map 1 Bryan & Murphy, Gorman and Associates General Plan Amendment County File #GP-95-0002 IN AYP N: 209-090-023 APN: 209-090-024 APN: 209-090-032 APN: 209-090-031 ` LEGEND North 1"=1200' Project Boundary Deeded Development Rights to the County APN: Assessor's Parcel Number San Ramon City Limits Existing Parcels Map 2 . t '•: : : -:-: Y. • : 66971 Ok- _ .. .; MAY s...a a s.e.,.r st M•�tr"aOG flAll 4 irlC rM ! Subdivision 4943 _ �.nny_o�1R MA 2{1 17��RANT DEED q. Cmdra Costo Count/Pawroa t. x .J,R CMsioq, A•corda►:f£E f �r t °, i .,:? •-.N•- .� , POR VAWABLL CONSTDEttATION, P.LX.- A California Partnership, 1 ' ��'' '• " �',:. `hereby grants to the County of Contra Costa, a political subdivision . of the State of California, Grantee, and its governmental successor s or successors, the future *Development Rights'. as defined herein s i - ' below, in that real property situated in the County of Contra Costa, . State of California, sore particularly described as Parcel •h' as Y designated on the sap of Subdivision 4943, which map was filed in the office of the Recorder of the County of Contra Costa, State of California, in book i96 of maps at page 34 _, Develooment Rights' are defined to mean and refer to the right to approve or disapprove of any proposed construction, development p or improvement which would substantially and materially change the nature of the 'current proposed use' of the real property. The •current proposed use* of said Parcel 'A' is Agricultural Preserve District (A-4) with the reservation of five (S) future homesites and appurtenant facilities including, but not limited to, the followings patio, walkways, drives, private roads, utilities, ' {', drainage facilities, fences and accessory buildings or structures, f't , subject to review and approval of the Airector"of.Planning and applicable ordinances. The 'Development Rights'.are, and *hall be a form of negative easement over all of the real property particularly described rt 6- above, which shall ru+ with such • srticularly described real property and shall bind the current owner and any future owner or �-. owners of all or any Portion of the real property particularly desc--Ibod above. In the event of Grantee's (or.its successor's) ..:. dist ''. ppsoval of proposed construction covered by the conveyance of '7avelopment Rights' herein, said proposed construction shall not be performed. Grantee or its successor nay condition its { _= ;approval of any proposed construction upon the-prior or subsequent i Kr 8340 w535 i� Per lonianca:oi sue!►,"conditions si Gransaa as its snecetsor ;`+' v� � fns i''�} h _ may�deem appropriate �. Any ownsr or owasrs o!`a21 or any portion of the-Teal i ° property partieulasly descsibed`abovi desiriT+q to develop any Improvement requiring the approval of Grantee or its successor shall submit to the Director of Planning or the governing body of its successor a written proposal describing the nature, extent and location of such improvement. Grantee F or its successor shall have sixty (60) days from receipt of " Ouch proposal in which to grant its approval or disapproval. tailure by Grantee or its successor to approve or disapprew "^ within said time shall be deemed conclusive approval of such proposal. Dated this .Gr day of �, 1977. P.I.R.-A CALIPO..NIA PAR7"4FC,hIP Sys D i N ENTERPRISES. IN✓.. weal P Pr Ont s STATE OP CALIPORNIA Y. COUM or CONTRA COSTA.,. ) ti ? On this 1_ day of . 1977, before me. -MAtZAa f. t s«ksas , a Notary bli Puc in and for said County arn3Sretate. res q t ere n, duly commissioned and sworn. personally appead known to she to be the e.._:._ of e • n eozporat on and known to rr' to be the Terson who executed { the within instrument on behalf of thr corporation therein named and acknowledged to se.that such corporation executed the same Pursuant to its bylaws or a resolt*tion of its Board of Directors. XX WITNESS MREREor, I have hereunto set my hand and affixed t: •y official seal in the County and State aforesaid the day and Year first above written. wArattT lacAIu►r t#azure x ,i """'�•� «�+ to s signature wan sna a..w aft 0.POP ..:..:`Cl17lYlPA peak: A.M OF ACCT.TTANM VT C"/O.V�:f�"Or CON72A CMA �'� �u�l� �,�'1w'.00;.� ' ' -• W Cram—W.!th—;Q.M C-Wj of C:.r..c-"a*.nn,ti A. aw..t Crht-06.y b- I ew.irM by W*q rt m.ftrip r..ra b uc..+f.eiw�t►....t y fu si.v.taa«Cries. j BRYAN MURPHY BRYAN & MURPHY, GORMAN & ASSOCIATES, INC. 5000 Executive Parkway,Suite 125,San Ramon,CA 93583,(510)867-3380,FAX(510)867-3380 RECEIVED , �8 a95a95 February 27, 1995 : EB 2 The Honorable Gayle Bishop, Chair CLERK eo�t ;s'ja�pVISORS Contra Costa County Board of SupervisorsTKA - rr 651 Pine Street Martinez, CA 94553 Dear Supervisor Bishop: The 1990 Contra Costa County General Plan, dated January 1991, and The 65135 Contra Costa County Land Preservation Plan, established an Urban Limit Line for development in Contra Costa County. The Geldermann family trust Old Ranch and El Nido Ranch properties, in the San Ramon Valley, were bisected by the Urban Limit Line. The generalized location of the Urban Limit Line roughly follows the city limit of San Ramon through the property. The subject properties are located on the west side of San Ramon Valley Boulevard, south of Montevideo Drive,and extend west to near the Alameda County line. The assessor's parcel numbers affected are: 209-090-030, 209-090-031, 209-090-023, 209-090-024, 209-090-032. Elevations of the site range from a low of 413 feet at the southeast corner,to a high of 1315 feet near the west boundary. The ridge immediately west of the property rises about another 500 feet. Oak Creek, running between the low ridge on the east and the prominent ridge system on the west, divides the property in several ways. Soil types on the site are divided at Oak Creek. The easterly soils are Clear Lake clay and Diablo clay. Both are associated with open range, some oak woodland, and are generally the type of soils associated with developed areas of Contra Costa County. The western soils are Los Osos clay loam and Millsholm loam. These soils are found on the steeper, wooded and undeveloped slopes of the County. Oak Creek also divides the topographic features of the site. To the cast of Oak Creek the site features open slopes, some oak groves, and rounded slopes generally less than 20 percent. To the west of the creek, slopes average over 30 percent and are densely wooded. This is a request to the Contra Costa County Board of Supervisors, on behalf of the Geldennann Family trusts,to direct the Community Development Director to initiate a study for a General Plan Amendment and a minor adjustment to the Urban Limit Line. The existing Urban Limit and General Plan line roughly follows the San Ramon city limit line that was arbitrarily based on a line running 2000 feet west of San Ramon Valley Boulevard. This request is to relocate the Urban Limit Line to 50 feet east of Oak Creek and Amend the General Plan designation for the property within the relocated urban boundary to Single- Family Residential, Very Logy(SV, 0.2 to 0.9 units per acre). CRcsxo59.001 j. Supervisor Gayle Bishop February 27, 1995 Page 2 The 65/35 Contra Costa County Land Preservation Plan provides for a change to the Urban Limit Line if the change is approved by a 4/5 vote of the Board of Supervisors,the 65/35 standard is not violated, and one or more of certain findings are made. The qualifying finding is as follows: "a minor change to the Urban Limit Line will more accurately reflect topographical characteristics or legal boundaries." In considering this request,we would like the County to take into account the following: • The adjustment and the associated land use will preserve the 65/35 concept. • The adjustment moves the line to a logical topographic boundary. • The adjustment moves the line to a logical soils boundary. • The adjustment moves the line to a logical vegetation boundary. • The adjustment resolves the arbitrary bisection of the owner's legal boundary. • The low ridge we are proposing for development is loNver than the existing development to the north. • The Urban Limit Line is drawn such that this ridge and a similar one to the south are in various places both in and out of the urban development boundary. • The development approved for the City of San Ramon portion of the Geldermann property provides a stubbed full street right-of-way and utility extensions to the site. • The proposed lot sizes would be 2 to 10 acres in size. The development proposed for the Single-Family Residential,Very Low site would provide San Ramon estate-sized lots that arc presently not available. The undeveloped portions of the site would be placed into scenic easements with development rights dedicated to the county. This use is consistent with the scattered homes existing at similar elevations along the ridge. We would propose to meet with you and County_ staff to discuss this request. Thank you for your consideration of this request. Sinrerdy, Bryan & Murphy, Gorman & Associates, Inc. Richard L. Gorman President RLGAg cc: Corrie,Development BRYAN MURPHY CRG58059.001