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HomeMy WebLinkAboutMINUTES - 03231999 - D4 ..... . 4 Centra TO: BOARD OF SUPERVISORS i Costa o t un }/ FROM: DENNIS M. BARRY, AICD DIRECTOR OF COMMUNITY DEVELOPMENT �'+�s��..c ���• DATE: March 23, 1999 SUBJECT: COUNTY PLANNING COMMISSION RECOMMENDATION ON PROPOSED ZONING OF APPROXIMATELY ONE ACRE TO SINGLE FAMILY RESIDENTIALa AT 1160 PAULSON LANE IN THE WALNUT CREEK/S3ARANAP AREA* COUNTY FILE #R2983068 (BASSELTINE - APPLICANT; ROBERT TILLMAN tl- OWNER) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) i BACKGROUND AND JUSTIFICATION RECQI�ENI3ATIClNS 1. As recommended by the County Planning Commission, adopt a motion to: A. Adopt Negative Declaration for purposes of compliance with the California Environmental Quality Act. B. Adopt Single Family Residential, R-30, zoning for the subject site. C. Adapt findings for approving the rezoning contained in Resolution #4-1999 as recommended by the County Planning Commission. 2. Introduce the ordinance giving effect to the rezoning; waive reading and set date for adoption of same. 3. Direct staff to post a Notice of Determination with the County Clerk. FISCAL _IMPACT None. CONTINUED ON ATTACHMENT: YES SIGNATURL + RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMT TEE APPROVE OTHER SIGNATURE(S) t ACTION OF BOARD AN _ .-M-gircg APPROVED AS RECOMMENDED xx OTHER The hearing on this natter was Opened, Eric Hasseltine, applicant, commented on the rezoning application. No one else,desiring to speak, the hearing was CLOSED. Following testimony and Board discussion, IT IS BY THE BOARD ORDERED that staff's recommendations above are APPROVED. VOTE OF SUPERVISORS I HEREBY CER'T'IFY THAT THIS IS A XX UNANIMOUS (ABSENT - _ - - - - TRUE AND CORRECT COPY OF AN AYES. NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE HOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED, —arch 2.3 , 120,9 CC: Bob Drake PHIL BATCHELOR, CLERK OF Community Development Dept . THE BOARD OF SUPERVISORS Eric Hasseltine AN COUNTY ADMINISTRATOR Robert Tillman Q Alan Moore , GMMA BY ' DEPUTY Sarsnap Improvement. Assoc . f Hearing on County Planning Commission Recommendation Eric Hasseltine (A); Robert Tillman (0) CKGROM,1REASONS FOR RECQMMENDATIQNNS This site lies at the end of a small cul-de-sac street, next 'to Las Trampas geek and Interstate 680, within a community historically identified as Saranap. Until recently, the subject site had been located within the City of Walnut Creek. As a result of the completion of plans for .improving the I-680/State 24 interchange, it became clear to interested parties that retention of the old City/County boundary did not make sense for purposes of efficient delivery of services. Consequently, a reorganization of properties along the west side of Interstate 680 was approved by the Local Agency Formation Commission which resulted in the transfer of the subject site from the City of Walnut Creek to the County. Review, of mesa ed M nor Subdivision App icat;nn In December 1997, the owner filed an application with the County to subdivide the site into three parcels (two additional building sites; one parcel already developed) , County File #MS970017. Due to the recent de-annexation of the site from the City, the site was not zoned. The application was initially scheduled to be heard by the Zoning Administrator, however, the Zoning Administrator elected to refer the matter to the County Planning Commission when the applicant agreed to file for concurrent zoning of the property and several neighbors registered their concern with the project. Shortly thereafter, the applicant filed to apply Single Family Residential zoning for the site. The background for this project is reviewed in the staff reports for the November 9, 1338 Zoning Administrator hearing, and the January 12, 1999 County Planning Commission hearing. At the Commission hearing, an attorney for the neighbors expressed concern with the level of development proposed by the applicant. The site presently contains a primary dwelling and an attached residential second unit which was approved by the City of Walnut Creek prior to de-annexation of the site. Additional concern was expressed about the previous use of a detached building (.identified as an office by the applicant) . After taking testimony, the Commission approved the subdivision, but unanimously voted to reduce the number of parcels from three to two (only one new building site) . Concurrently, the Commission also recommended that the Board of Supervisors approve the application of Single Family Residential, R-10 zoning (parcel. size - Minimum 10, 000 square feet) . No appeal by either the applicant or neighbors was filed on the Commission's decision on the minor subdivision application, so that decision became final. It is staff's understanding that there are no parties which were dissatisfied with the Commission's decision. The Commission's approval of the minor subdivision provides that a parcel map cannot be approved until the site is zoned to the R-10 district. CQNSEQ ENCES QF A NEGATIVE DECD 1QX In the event the Board decides not to approve the application of the Single Family Residential, R--10 zoning to the site, then the applicant could not satisfy one of the conditions of approval required to qualify for approval of a parcel map. However, a -2- negative action would not otherwise invalidate the Commission's tentative approval of the minor subdivision application. Moreover, the County would have a parcel of land that would remain unzoned. This circumstance may allow activities to be established which may prove undesirable by neighboring property owners or by the County. w�� RESOLUTION NO. 4-1999 RESOLUTION OF THE COUNTY PLANKING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, CONCERNING ADOPTION OF AN ENVIRONMENTAL REVIEW FINDING AND PROJECT DECISION FOR THE PROPOSED TILLMAN PROPERTY DEVELOPMENT APPLICATIONS. ZONING FILE##RZ983068 AND MINOR SUBDIVISION, COUNTY FILE#MS970017 (Eric ;<lasseltine/DeBolt Civil Engineering- AppIicants; Robert Tillman v Owner) IN THE WALNUT CREEK/SARANAP AREA On December 15, 1997; DeBolt Civil Engineering (Applicant) and Robert Tillman (Owner) Filed an application for a minor subdivision to subdivide approximately one acre into three parcels within the Walnut Creek/Saranap area., County File;4MS970017. Following completion of an initial study pursuant to the requirements of the California Environmental Quality Act (CEQA), including State and County Guidelines, staff determined that the project would not result in any significant environmental impacts, and consequently proposed that a Negative Declaration determination be adopted for this project. On October 15, 1998, staff posted a Notice of Intent to Adopt a Negative Declaration determination, and otherwise distributed the notice as required by law allowing for public comments to be received and considered until November 5, 1998. After notice was issued as required by law, the minor subdivision application was scheduled for hearing before the Zoning Administrator on November 9, 1998, at which time, the Zoning Administrator referred the matter to the County Planning Commission for review and decision. On November 18, 1998, Eric Hasseltine (Applicant) and Robert Tillman (Owner), filed an application to zone the same one acre from property Single Family Residential, R-10. Following preparation of a modified initial study to include consideration of the zoning application, staff'determined that the modified project would not result in any significant environmental impacts, and again proposed that a Negative Declaration be adopted for this project for purposes of compliance with CEQA. On December 21, 1998, staff posted a Notice of Intent to Adopt a Negative Declaration determination for the modified project, and otherwise distributed the notice as required by law allowing for public comments to be received and considered until January 11, 1999. After notice having issued as required by law, the County Planning Commission conducted a hearing on the minor subdivision and zoning applications on January 12, 1999. Resolution No.4-1999 Tillman Minor Subdivision County Planning Commission Having fully considered all evidence and testimony submitted on this matter. RESOLVED, that the County planning Commission ADOPTS the proposed Negative Declaration determination for purposes of this project's compliance with CEQA. The County Planning Commission also FINDS that on the basis of the whole record before them (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration reflects the independent judgement and analysis of the Contra Costa County Planning Agency. The County Planning Commission also FINDS that the documents and other material which constitute the record of proceedings upon which its decision is based may be Bound and examined at the Community Development Department (Application and Permit Center) of Contra. Costa County, 651 Pine Street, 2nd Floor; North Wing, Martinez, CA. The County Planning Commission also RECOMMENDS THAT THE BOARD OF SUPERVISORS FIND that the proposed Single Family Residential, R-10 zoning is consistent with the Single Family Residential -Medium Density general plan land use designation for the site, AND APPLY the Single Family Residential, R-10 zoning for this site. The County Planning Commission also APPROVES Minor Subdivision application for this site, File#MS97001.7, for two parcels only, subject to conditions. Page 2 Resolution No.4-1999 The decision of the County Planning Commission was given by motion of the County Planning Commission on January 12, 1999. by the following vote: AYES: Commissioners - Kimber, Pavlinec, Terrell, Wong, and Hanecak. NOES: Commissioners - None. ABSENT: Commissioners -, Clark and Caddis. ABSTAIN: Commissioners - None. JOHN HANECAK County Planning Commission, County of Contra Costa, State of California. I, Dennis M. Barry, AICP, Secretary of the County Planning Commission., certify that the foregoing was duly called and approved on January 12, 1998 ATTEST: Dennis M. Barry, AICP, f Secretary of the County Plante Commission, County of Contra Costa, State of California. C:\wpdoc\ms970017.res Page 3 Finding Map e�t4; 4 4,3 2s a `° N Rezone FrornNA E-To 3GY�� t T CREEK— Area ,Chair of the Centra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of PAGE 1A OF TBE • V indicating thereon the decision of the Contra Costa County Planning Commission in the natter of JA Ac f ATTEST Secretary of the Contra Cosfq County Planning Commission, State 0 Calif.