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HomeMy WebLinkAboutMINUTES - 05201997 - D17 'f Contra s Costa TO: BOARD OF SUPERVISORS County FROM: HARVEY E . BRAGDON BosT _ ___._ •c3' DIRECTOR OF .COMMUNITY DEVELOPMENT A 'couK . DATE: May 14, 1997 SUBJECT: Continued May 20, 1997 Hearing on the County Planning Commission Recommendation to Approve County File #RZ963042 and #DP963023, and Appeals by Braddock & Logan Services and by Carl Hutchins, Jr. , et al on the Planning Commission's Approval of Vesting Tentative Map 8021 in the Walnut Creek/Saranap area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As recommended by the County Planning Commission, adopt a motion declaring the Board' s intent to: 1 . Adopt the Negative Declaration as adequate for purposes of_ compliance with the California Environmental Quality Act . 2 . Approve the rezoning of the site from Single Family Residential, R-10 to Planned Unit District, P-1; - introduce the ordinance; waive reading; and .set date for adoption; 3 . Approve the preliminary and final development plan with conditions; And, 4 . Sustain the Commission' s approval of the vesting tentative map application for a maximum of 11 lots as conditioned; 5 . Deny the appeal of the neighbors : Carl & Ellen Hutchins, Robert & Donna Stevens, and George & Bernadette Katsuleres . 6 . Deny the appeal of the applicant . 7 . To continue the review of the project to a suitable date and direct staff to propose appropriate findings for the Board to consider for adoption. CONTINUED ON ATTACHMENT: X YES SIGNATURE A, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCOMMITT E APPROVE OTHER S I GNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER X SEE ADDENDUM FOR BOARD ACTION_AND SPEAKERS. VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A 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: Bob Drake [ (510) 335-12141 Orig: Community Development Department ATTESTED May 20, 1997 CC: Braddock & Logan PHIL BATCHELOR, CLERK OF Carl & Ellen Hutchins, Jr. THE BOARD OF SUPERVISORS Public Works Department C Y ADMINISTRATOR White Family Trust County Counsel BY DEPUTY FISCAL IMPACT None. The adopted fee schedule requires the applicant to pay any project review time and material expense (including appeals) exceeding 120% of initial application filing fee. BACKGROUND/REASONS FOR RECOMMENDATIONS This project was initially heard by the Board on April 22, 1997 . For additional background, please refer to the staff report prepared for that meeting. At that time, staff indicated that the project would need to be renoticed. After taking testimony, the Board continued the hearing to May 20, 1997 . Modified Residential Designs The applicant has indicated that he has been in contact with representatives of the neighbors which has led to the preparation of revised residential designs. At the time of the preparation of this staff report, those designs were not available to staff .. Findings for Granting a Variance to Minimum Area Reauirements for Application of the Planned Unit (P-1) District In a document dated May 14, 1997 are listed the findings required pursuant to the County Code for granting a variance to the allow application of the P-1 district on less than 5 acres . (Hypothetical) R-10 Zoning Plan At the April 22 hearing, the Board inquired as to how many lots would be permitted on the site consistent with existing zoning. On May 12 , 1997, the applicant submitted a hypothetical site plan indicating the subdivision of the site pursuant to the existing R- 10 zoning. The plan provides for saving the mature oak tree along the west side of the property and for relocation of an existing sewer line and easement which presently crosses the middle of the site . The plan provides for 10 lots . - In a letter dated May 14, 1997, the Community Development Department reported that the R-10 zoning plan would meet all of the standards of the R-10 district without variances . Background of Converted Barn Staff has received documentation from the Assessor' s Office suggesting that the structure within the PG&E easement on Lot 11 of the approved site plan was converted to a residence in 1945, several years before the County had adopted zoning or subdivision regulations . C:\wpdoc\rz3042-b.bo RD\ -2- ADDENDUM TO ITEM D. 17 MAY 20, 1997 On April 22, 1997, the Board of Supervisors continued to this date the hearing on the recommendation of the Contra Costa County Planning Commission on the requests of Braddock and Logan Services (Applicant) and Stephen White (Owner, Trustee) to rezone approximately 2 . 6 acres of land from R-10 Single Family Residential to P-1 Planned Unit District, and a request for a variance to allow the application of Planned Unit District zoning for a proposed residential development on an area that is less than 5 acres (County File RZ #3042-96) ; and for Preliminary and Final Development Plan approval for 12 single family residential lots (County File DP #3023-96) , in the Walnut Creek/Saranap area; and to consider the appeals of Braddock and Logan Services (Appellant and Applicant) and Stephen White (Appellant, Owner and Trustee) and of Carl and Ellen Hutchins, Jr. , Robert W. and Donna Stevens, and George and Bernadette Katsulares (Appellants) from the decision of the Contra Costa County Planning Commission on the application by Braddock and Logan Services (Applicant) and Stephen White (Owner and Trustee) for approval of a vesting tentative map for Subdivision 8021 for 12 lots on 2 . 6 acres of land in the Walnut Creek/Saranap area. Dennis Barry, Community Development Department, presented the staff report and the request for a continuance to June 17, 1997, from the applicant . Supervisor Uilkema commented on the issues that the developer had not responded to as requested by the Board members on April 22, 1997 . Mr. Barry advised that the applicant had submitted a hypothetical R-10 Zoning subdivision plan that staff had reviewed and found that it met the requirements of the R-10 Zoning District, and he advised that the applicant indicated that they were preparing modified residential designs which staff has not had a chance to review and analyze. Mr. Barry further recommended that the Board take testimony and if conclusion is reached, not close the hearing and provide staff with direction to return with findings for the Board consideration. Marshall Torre, Braddock and Logan Group, applicant, spoke on reasons for requesting a continuance . The following persons presented testimony: Carl Hutchins, 172 Candle Road, Walnut Creek; Alan Moore, Gagen, McCoy, McMahon and Armstrong, 279 Front Street, Danville, representing several neighbors; Pamela Herbert, 2596 Lucy Lane, Walnut Creek; Robert Pennell, 2 Evergreen Court, Walnut Creek; Robert Colwell, 1300 Juanita Drive, Walnut Creek; Barbara Werum, 2615 Lucy Lane, Walnut Creek; Tom Wenaas, 2481 Warren Road, Walnut Creek; Jennifer Russell, 178 Candle Road, Walnut Creek; Gene Blazick, 3394 Stage Coach, Lafayette; Marvin Rasmussen, 2434 Warren Road, Walnut Creek; Steve Fairfield, 1030 San Miguel Road, Concord; Susan Shapiro, 73 DelHambre Circle, Walnut Creek; Sandy Belk, 2609 Chinook Drive, Walnut Creek; Wayne Fettig, 178 Candle Road, Walnut Creek; Lori Converse, 1230 Candle Court, Walnut Creek; Jim Spight, 3306 Freeman, Walnut Creek; Robert Becker, 142 Park Avenue, Walnut Creek; Gail Stevens, 610 Gilbert Avenue #32 , Menlo Park; Alan Ferguson, 2439 Warren Road, Walnut Creek; Jon Hendricks, 2547 Lucy Lane, Walnut Creek; Carol Palley, 1277 Juanita Drive, Walnut Creek; Chris Schroeder, 1135 Juanita Drive, Walnut Creek. Marshall Torre spoke in rebuttal . The Board discussed the matter. Supervisor Uilkema moved to continue the matter to June 17, 1997, at 6 P.M. to allow for further consideration of the issues of density, height and compatibility with the neighborhood. Supervisor Rogers seconded the motion. Supervisor Gerber expressed opposition to the motion. The Board discussed the issues including infill projects, compatibility with the neighborhood, conditioning of the subdivision, and possible findings . Supervisor DeSaulnier moved a substitute motion to deny the request for continuance and to declare intent to deny, keep the public hearing open, uphold the appeal and request staff to develop findings for consideration on June 3 , 1997, at 2 P.M. Supervisor Uilkema seconded the substitute motion. IT IS BY THE BOARD ORDERED that the hearing on the County Planning Commission' s recommendation to approve County File RZ 3042-96 and Development Plan 3023-96 and the appeals of Braddock and Logan Services and of Carl Hutchins, Jr. , et al on the Planning Commission' s approval of Vesting Tentative Map 8021 in the Walnut Creek/Saranap area is CONTINUED to June 3 , 1997, at 2 P.M. ; and that INTENT IS DECLARED to deny the rezoning of the site from Single Family Residential, R-10 to Planned Unit District P-1, and the Preliminary Development plan (RZ 3042-96) and the final Development Plan 3023-96, Braddock and Logan Services (applicant) and Stephen White (owner, trustee) ; INTENT IS DECLARED to deny the appeal of Braddock and Logan Services and Stephen White relative to Subdivision 8021; and INTENT IS DECLARED to grant the appeal of Carl and Ellen Hutchins, Jr. , Robert W. and Donna Stevens, and George and Bernadette Katsulares relative to Subdivision 8021; and the Community Development Department is DIRECTED to prepare the appropriate documentation for Board consideration on June 3 , 1997 .