HomeMy WebLinkAboutMINUTES - 03041997 - D3 3
• Contra
t Costa
County
TO: BOARD OF SUPERVISORS
v
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT Tw o
DATE: MARCH 4 , 1997
SUBJECT: RECOMMENDATION OF THE BAN RAMON VALLEY REGIONAL PLANNING COMMISSION FOR
A REZONING (COUNTY FILE *RZ953026) FROM R-40 TO R-20, DEBOLT CIVIL
ENGINEERING (APPLICANT) i LAVEROCK LANE ASSOCIATES (OWNERS) , IN THE
ALAMO AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION
RRCOMMENDA':TTONS
Approve Option A.
Qpt+on A - Rezone a limited portion of the area requested
(excluding Stamm Property) as recommended by the San Ramon Valley
Regional Planning Commission.
1. Adopt the Negative Declaration as adequate.
2. Approve the rezoning of approximately 3 .96 acres from Single
Family Residential, R-40 to Single Family Residential, R-20
(consisting of Repp, Lauck and Cooper properties, but not the
Stamm property) as recommended by the San Ramon Valley
Regional Planning Commission as shown on Exhibit A.
3 . Adopt the Findings contained in the San Ramon Valley Regional
Planning Commission Resolution 16-1997 as the basis for the
approval of this rezoning.
4 . Introduce the ordinance giving effect to the rezoning; waive
reading and set a date for adoption.
CONTINUED ON ATTACHMENT: X_ YES SIGNATURE �$A
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMIT E
_ APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 4 1997 APPROVED AS RECOMMENDED x OTHER $_
SEE ATTACHED ADDENDUM
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_x UNANIMOUS (ABSENT --- TRUE AND CORRECT 6OPY 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 335-1216
Orig: Community Development Department ATTESTED March 4 . 1997
CC: Public Works-Attn: Mitch Avalon PHIL BATCHELOR, CLERK OF
DeBolt Civil Engineering THE BOARD OF SUPERVISORS
Laverock Lane Associates AND CO Y ADMINISTRATOR
Edward Shaffer
RMP/df B , DEPUTY
bo3:rz953026.bo
2
Option B - Rezone the area requested by the Applicant (including
the Stamm Propertyl .
1. Adopt the Negative Declaration as adequate.
2. Declare intent of the Board to rezone approximately 5.22 acres
from Single Family Residential, R-20 (consisting of Repp,
Lauck, Cooper and Stamm properties) as requested by the
applicant and as shown on Exhibit B.
3. Direct staff to prepare appropriate findings.
4. Continue the matter to a suitable date (March 18, 1997 at 3:30
P.M. ) .
Option C - Deny the requested rezoning.
1. Declare the intent of the Board to deny the requested
rezoning.
2. Direct staff to prepare appropriate findings.
3. Continue the matter to a suitable date.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
General Plan Amendment
In December 1992 , the County considered a General Plan Amendment
proposing a land use change from Single Family Residential, Very
Low Density to Single Family Residential, Low Density for a 22 acre
General Plan Amendment area. The County Community Development
Department issued a Notice of Preparation dated December 21, 1992
(State Clearinghouse 192123084) which covered that proposal. A
short time later the proposed General Plan Amendment and related
development concept was revised and the General Plan Amendment area
was reduced from 22 acres to 6.5 acres. This reduction eliminated
potential development in areas topographically difficult located in
the southern and western parts of the previous General Plan
Amendment area. The significant impacts associated with
development was the primary reason the County required preparation
of an environmental impact report for the previous General Plan
Amendment considered by the December 1992 Notice of Preparation.
On July 6, 1994 the County posted a Notice of Intent to Adopt a
Negative Declaration with mitigations for the Laverock Lane General
Plan Amendment. The total area consisted of approximately six and
a half acres of land and allowed for six additional residential
parcels, as shown on Exhibit C.
On November 8, 1994 the Board of Supervisors adopted the County
General Plan Amendment that changed the area totaling six and one
half acres, covering five individual parcels from Single Family
Residential Very Low Density to Single Family Residential Low
Density.
OPTION A
Planning Commission Review
The project consisting of this rezoning application 1RZ953026 and
vesting tentative map OSD957954 was heard and continued by the San
Ramon Valley Regional Planning Commission on September 18, 1996 to
October 16, 1996 and again continued to November 20, 1996 at which
time the Commission took public testimony from the applicant,
3
concerned neighbors and a representative from the Alamo Improvement
Association. After taking public testimony, the Commission
discussed their concerns with the project. The consensus among the
Commissioners was in agreement with the staff recommendation to
eliminate Lot 17 because one third of the lot is encumbered by a 50
foot right of way, creating a small buildable area. The
Commission's consensus was to eliminate Lot 18 because the
applicant failed to provide an access and parking plan that would
not impact existing mature vegetation including some large trees.
They also agreed that Lot 9 's new configuration shows off-street
parking possibly encroaching into required setbacks which will
require variances and to reconfigure the remaining lots (Lots
11,2,3,4,5 & 6) by designing a subdivision with conventional lot
lines and shared driveways similar to the General Plan Amendment
conceptual development plan as originally proposed. (See Exhibit
D. ) The Commission then voted 4 to 1 with 2 abstentions to accept
the Mitigated Negative Declaration as adequate; to recommend that
the Board of Supervisors rezone approximately 3.96 acres from
Single Family Residential, R-40 to Single Family Residential, R-20.
These properties consist of the Repp, Lauck and Cooper properties,
but not the Stamm property as shown on Exhibit A. The Commission
further declared their intent to approve the subdivision map for 7
lots, as shown on Exhibit E, Staff Study 10-9-96. The approval of
the subdivision is contingent upon a final adoption of the
rezoning.
OPTION R
Applicant's Req)lest
The applicant requests approval to rezone 5.22 acres from Single
Family Residential, R-40 to Single Family Residential, R-20
(consisting of Repp, Lauck, Cooper and Stamm property) as shown on
Exhibit B; and approval of the revised vesting tentative map date
stamped received on October 8, 1996 by the Community Development
Department, totaling 9 lots as shown on Exibit F.
The applicant's revised vesting tentative map provided nine lots
with no variances that included in the calculation of the overall
land area the existing 50 foot right of way which was originally
excluded. The applicant's revised plan shows more regularly shaped
lots on the tentative map accomplished by the adjustment of the
proposed property lines. Rather than flag lots, the new
configuration added the driveways ("stem") to the adjoining parcel
and access is provided as an easement.
If the Board is inclined to grant the request, the Board could
declare intent to approve the requested rezoning, direct staff to
prepare appropriate findings, and continue the decision to an
appropriate date for decision (March 18, 1997 at 3:30 p.m. ) .
OPTION C
If the Board decides that the evidence provided does not
substantiate the request for rezoning, the Board could declare
their intent to deny the rezoning request, and direct staff to
prepare findings to reflect the intent, and continue the matter to
an appropriate date for decision.
12
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S ` CONtftA COSSA CO
RESOLUTION NO. 6-1997
RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY DEBOLT
CIVIL ENGINEERING (APPLICANT) AND LAVEROCR LANE ASSOCIATES (OWNERS)
COUNTY FILE #RZ9S3026 IN THE ORDINANCE CODE PERTAINING TO THE
PRECISE ZONING FOR THE ALAMO AREA OF SAID COUNTY.
WHEREAS, a request by DeBolt Civil Engineering (Applicant) and
Laverock Lane Associates (Owners) County File IRZ953026, to rezone
land in the Alamo area from Single Family Residential District (R-
40) to Single Family Residential District (R-20) was received on
March 29, 1995 along with companion application SUB 7954; and
WHEREAS, for purposes of compliance with the provisions of the
California Environmental Quality Act and State and County CEQA
Guidelines, a Mitigated Negative Declaration has been prepared for
these projects; and
WHEREAS, after notice was lawfully given, a public hearing was
scheduled before the San Ramon Valley Regional Planning Commission
on Wednesday, September 18, 1996 whereat all persons interested
might appear and be heard; and
WHEREAS, on Wednesday, September 18, 1997 public comments were
given and the Plannirlg Commission voted to keep open the public
hearing and continued to October 16, 1996, and;
WHEREAS, on Wednesday, October 16, 1996 the Planning
Commission voted to continue the hearing to November 20, 1996; and
WHEREAS, on Wednesday, January 15, 1997, the San Ramon Valley
Regional Planning Commission having fully reviewed, considered and
evaluated all the testimony and evidence submitted in this matter;
and
WHEREAS, on Wednesday, November 20, 1996 the San Ramon Valley
Regional Planning commission declared their intent to approve
Subdivision 957954 for 7 lots except for the Stamm Property which
should remain zoned R-40 with the conditions and deferred decision
subject to the Board of Supervisors approval of the Rezoning;
NOW, THEREFORE, BE IT RESOLVED that the San Ramon Valley
Regional Planning Commission recommends to the Board of Supervisors
of the County of Contra Costa, State of California, that they find
the Mitigated Negative Declaration prepared for these projects as
adequate and complete;
Page Two Resolution No. 6-1997
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission recommends to the Board of Supervisors of the
County of Contra Costa, State of California, that the rezoning
request of DeBolt Civil Engineering (Applicant) and Laverock Lane
Associates (Owners) (County File #RZ953026) be approved for a change
from Single Family Residential District (R-40) to Single Family
Residential (R-20) , and that this zoning change be made as
indicated on the findings map entitled Page Q-15 of the County's
1978 Zoning Map.
BE IT FURTHER RESOLVED, that the required findings for granting a
rezoning request pursuant to Section 26-2. 1806 of the County
Ordinance are made as follows:
1. Required FindiIno - The change proposed will substantially
comply with the general plan.
Evidence to Support Rerjuired Findin - The general plan
designation for this site is Single Family Residential - Low.
The recommended rezoning to the Single Family Residential, R-
20 zoning district is one of the zoning districts that may be
found to be consistent with that general plan land use
designation as indicated in Table 3-5 of the General Plan.
2 . Required Finding - The uses authorized or proposed in the land
use district are compatible within the district and to uses
authorized in adjacent districts.
Evidence to Support Regnired Finding - The recommended
rezoning to the Single Family Residential, R-20 zoning
district would allow development of single family residences
on lots as small as 20, 000 square feet in size. This is an
area containing single family residential development
generally consisting of parcels that are one-acre in size.
The rezoning would allow for additional single family
residential development within the area affected. In this
manner, the rezoning will be consistent with the uses already
authorized in the affected area.
The area surrounding the site is also zoned for single family
residential uses, and has largely developed as single family
residential use. However, there is a nursery school (Seaborn
Country School) and care facility for the elderly (Stamm
Property) that adjoin the site. Both of these operations have
land use characteristics similar to single family residential
use. The care facility for the elderly is limited by County
Code to a State licensed facility providing residency for not
more than six residents excluding the licensee or licensee's
family or persons employed as facility staff.
The nursery school is limited to 50 children, 7 years of age
or younger. Hours of operation are limited to weekdays, 9
a.m. to 6 p.m, pursuant to Land Use Permit 0110-73 as modified
by Land Use Permit #2028-92 . The proposed rezoning to Single
Family Residential use would be compatible with surrounding
Page Three Resolution No. 6-1997
single family residential, nursery school and senior care facility
operations in the area.
3 . Required Finding - Community need has been demonstrated for
the use proposed, but this does not require demonstration of
future financial success.
Evidence to Support Required Finding - The additional
residential development which would be permitted by this
rezoning would aid in the provision of attainment of housing
development objectives as indicated in the Housing Element of
the General Plan.
BE IT FURTHER RESOLVED that the Secretary of the San Ramon
Valley Regional Planning Commission shall respectively sign and
attest the certified copy of this resolution and deliver the same
to the Board of Supervisors all in accordance with the Planning
Laws of the State of California.
The instructions by the San Ramon Valley Regional Planning
Commission to prepare this Resolution were given by motion of the
Planning Commission on Wednesday, November 20, 1996 by the
following vote:
AYES: Commissioners - Matsunaga, Neely,
Mulvihill, Gibson
NOES: Commissioners - Harvey
ABSENT: Commissioners - Couture, Pancoast
ABSTAIN: Commissioners - None
ATTEST:
Dennis M. Barry, Secre ary of
the San Ramon Valley egional
Planning Commission, County of
Contra Costa,State of California
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LAVEROCK LANE
an Valley Regional planning Commission Recommendation
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LAVEROCK LANE
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Exhibit C
LAVEROCK LANE
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Exhibit D
LAVEROCK LANE
Staff Study - October 9, 1996
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Exhibit E
LAVEROCK LANE
Applicant Revised Tentative Map - October 8, 1996
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