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HomeMy WebLinkAboutMINUTES - 05191998 - D7 Centra Costa TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICP ` DIRECTOR. OF COMMUNITY DEVELOPMENT #✓ T• DATE: May 19, 1998 SUBJECT: Rescheduled May 19, 1998 Hearing on the Recommendation of the San Ramon Valley Regional Planning Commission regarding a proposal to rezone approximately 2 . 9 acres from General .Agricultural, A-2, to Single Family Residential, R-65, in the Alamo area. County File ##RZ963044 (Raymond - Applicant & Owner) SPECIFIC REQUEST(S) OR. RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION EECOMMENDATIONS Approve Option A below. QPTIONS u Option A (R-100 zoning as recommended by the SRVRPC) 1 . Adopt a Negative Declaration on this , proposal for purposes of compliance with the California Environmental Quality Act. 2 . Rezone the approximate 2 . 9 acre site from General Agricultural, A-2, to Single Family Residential, R-100 . 3 . Introduce the ordinance giving effect to the rezoning decision; waive reading and set date for adoption of same. Qntion B - (R-65 zoning as requested by the Applicant) Take same actions as specified in Option A except allow for the rezoning to the Single Family Residential, R-65 district instead of the recommended R-1.00 district as specified in Item #2 . CONTINUED ON ATTACHMENT: - X— YES S IGNATURE 4; 4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENOff' BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) ACTION OF BOARD ON May 19 , 1998 APPROVED AS RECOMMENDED x OTHER 2� 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 : Bob Drake [ (925) 335-12141 Orig: Community Development Department ATTESTED May 19 , 1998 CC: Robert & Joanne Raymond PHIL BATCHELOR, CLERK OF Gagen, McCoy, McMahon & Armstrong .1r1r, BOARD OF SUPERVISORS Alamo Improvement Association CO ADMINISTRATOR Public Works Dept . - Eng. Services Div. � County Counsel BY , DEPUTY C:\wpdoc\963044-b.bo RD\ Rescheduled May 19, 1998 Hearing on Proposed Raymond Rezoning bequest to R-65 District; Alamo area File #RZ963044 BACKGRC3tlNL7 This matter was first scheduled for hearing before the Board on August 5, 1997 . The background of the rezoning and related subdivision application (which was contingently approved on appeal by the Board of Supervisors in June 1991) is reviewed in the staff report to the Board dated July 21, 1997 . When this rezoning application was considered by , the San Ramon Valley Regional Planning Commission, the Commission unanimously voted to recommend rezoning to the Single Family Residential District, R-100 zoning district, rather than the requested R-65 zoning district . A rezoning of this 3-acre site to the R-104 district would allow for zoning conformity with the general plan designation (Single Family Residential - Very Low Density) , but would prevent the applicant from satisfying a requirement of the tentative map that the site be rezoned to the R-65 zoning district . Only a rezoning to the R-65 district would allow the applicant to qualify for a parcel map. The Commission action was based on concerns expressed by the Alamo Improvement Association relative to feasibility of development relative to reduced structure setbacks from the creek flowing through the site and other terrain characteristics . The Public Works Department also had some concerns relative to reduced creekbank setbacks which had been authorized for this site. At the request of the applicant, this item was rescheduled numerous times to allow the applicant an opportunity to try to address concerns raised at the Commission hearing and by the Public Works Department . RECENT pROJECT ACTIVI V r�S eciaRe or Following the Commission action, the applicant has provided a geotechnical report on the project by Diablo Soil Engineers dated December 22, 1997 . The report addresses the feasibility of the project with regards to seismic shock and associated structural damage or landsliding, slope stability, creekbank protection, and design. The primary conclusion of the report is that the site is suitable for the proposed use, and it points out that development of the site may be costly if properly done, and hazardous if not properly done. The report concludes that foundation movements, creek scour, and adverse seismic response can be controlled with residential design providing for very deep, pier-supported grade beams . Peer Review of Geoteclanical Report by -County Geologiat CQnsultant The County Geologist Consultant, Darwin Myers, has conducted a peer review of the report and determined that it is adequate for the purposes of the rezoning and approval of the parcel map. He has recommended additional investigation at the time that grading/building permits are issued. In a letter dated January 5, 1998, Mr. Myers highlights some of the key findings in the DSE report . -2- Rescheduled May 19, 1998 Hearing on Proposed Raymond Rezoning Request to R-65 District; ,Alamo area File #RZ963044 Executed Deed Disclosure Statement The recommendations of the DSE geotechnical report and the County' s Geologist have been incorporated into an executed deed notification which staff understands the applicant intends to record against the subdivision. The notice also discloses the review requirements of various agencies . Pulalic Works DapagtmentResp After reviewing the DSE geotechnical report and the proposed deed disclosure, the Public Works Department has indicated that its concerns with the proposed subdivision have been resolved. DISCUSSION The staff recommendation at the time of the Planning Commission hearing was to support the requested rezoning to R-65 so that the approved minor subdivision project could be finalled. However, in accord with Department practice, the staff recommendation was modified as a vehicle for reflecting the Commission' s recommendation on the project. Listed above are two options : one following the recommendation of the Planning Commission, the other reflecting the prior Board action on the tentative map approval and the current request of the applicant. Should the Board be inclined to allow for the requested R-65 rezoning, then the Board should first confirm with the applicant that the subdivision disclosure will be recorded against the deeds to both properties concurrent with any approval of the parcel map for County File #MS 104-89 . Qtential tor RMAining County Discretionary Actions (Tree Permit) for Development Subsequent to the 1991 approval of the tentative map, the County adopted the Tree Protection and Preservation Ordinance. That ordinance would require that a tree permit be obtained for any ministerial action (building or grading permit, or subdivision improvements) on either of the proposed subdivision parcels if it involves the removal, or alteration (trenching, filling or grading within the dripline) of any tree with a circumference of 20-inches or greater. Both parcels contain a number of trees with a variety, of sizes and species, including several monarch oak trees . It should be noted that the DSE geotechnical report indicated that some trees would have to be removed without being specific about which trees or stage of project development . The proposed deed disclosure prepared by the applicant provides notice of the, tree permit requirements. Tree permits allow for public notice and opportunity for appeal hearings. --3- ADDENDUM TO ITEM D. 7 MAY 19, 1998 On April 21, 1998, the Board of Supervisors continued to this date the hearing on the recommendation of the San Ramon Valley Regional Planning Commission regarding a proposal to rezone approximately 2 . 9 acres from General Agricultural, A-2, to Single Family Residential , R-65, in the Alamo area, County File RZ 96--3044, Robert and Joanne Raymond, applicants and owners . Supervisor Gerber presented a brief history of the item and moved to open the hearing and indicate intent to recommend the approval of the rezoning if agreement can be reached with the applicant on issues including trees, grading, building square footage and a hold harmless agreement . Mark Armstrong, Gagen, McCoy, McMahon and Armstrong, representing Robert and Joanne Raymond, suggested that the Board introduce the ordinance, giving effect to the rezoning, and set the date for adoption thirty days from now allowing time for the parties to finish the items mentioned. Dennis Barry, Community Development Department, advised that the Board take public testimony that is offered on the matter. Mr. Armstrong advised that he did not wish to provide testimony at this time. The Chair called for public testimony and there being no testimony, the public hearing was closed. Supervisor Gerber moved to introduce the ordinance, giving effect to the rezoning, and she indicated that if agreement were reached with the applicant on certain design issues, to return for adoption of the same in thirty days. IT IS BY THE BOARD ORDERED that the hearing on the above matter is CLOSED; INTENT IS DECLARED to approve Option B of the staff recommendation on the request of Robert and Joanne Raymond (Applicants and Owners) to rezone 2 . 9 acres from General Agricultural (A-2) to Single Family Residential (R=65') (County File RZ 3044-96) Alamo area; and Ordinance No. 98-24, giving effect to the rezoning, is INTRODUCED, reading is WAIVED, and June 16, 1998, is SET for adoption of same.