HomeMy WebLinkAboutRESOLUTIONS - 06271989 - 89-433 t _
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RESOLUTION 89/433
`6 RESOLUTION OF THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA, INCORPORATING
APPROVAL AND FINDINGS PERTAINING TO
MINOR SUBDIVISION 37-88 FOR OAKMONT
MEMORIAL PARK, PLEASANT HILL AREA
WHEREAS, DK Associates (Applicant) and MB Line, Inc. (Owner)
filed a Tentative Map application for a Minor Subdivision (MS
37-88) to divide 271 acres into two parcels was received by the
Community Development Department on April 8 , 1988 ; and
WHEREAS, on June 17 , 1988 various applications were also filed
( 2802-RZ, 3025-88, SUB 7151) for the residential development of
proposed Parcel A of the Minor Subdivision (MS 37-88) ; and
WHEREAS, for purposes of compliance with the California Environ-
mental Quality Act, and the State and County CEQA Guidelines, a
Negative Declaration of Environmental Significance was posted
September 22, 1988 :. to divide the property into two parcels as
requested by the Minor Subdivision application (MS 37-88) and it
was also determined that the further development of this property
may have a significant effect on the environment and preparation
of an environmental impact report would be needed for the
concurrent applications for the proposed residential development
of Parcel A of the Minor Subdivision (MS 37-88) ; and
WHEREAS, a public hearing was scheduled before the County Zoning
Administrator October 3, 1988 , at which time the matter was
rescheduled to October 17, 1988 and again continued to November
7, 1988 ; and
WHEREAS, on November 7 , 1988 the County Zoning Administrator
referred the application (MS 37-88) to the County Planning
Commission to be considered in conjunction with the concurrent
applications for residential development of the property; and
WHEREAS, on November 15 , 1988 the applicant, owner, and purchaser
of a portion of the property, Davidon Homes, appealed the Zoning
Administrator ' s decision to the County Planning Commission; and
WHEREAS, on January 17, 1989 the Planning Commission sitting as
the Board of Appeals conducted an appeal hearing at which time
the appeal of the Zoning Administrator' s referral of the matter
and also the application for a Minor Subdivision...(.MS 37-88) were
denied; and
WHEREAS, on January .27, 1989 the applicant, owner and purchaser
of a portion of the property, appealed the Planning Commission
Board of Appeals action; and
WHEREAS, on April 25 , 1989 having reviewed and considered the
record made available to the Zoning Administrator, the Planning
Commission and the Board, including, but not limited to, the
County General Plan, the Initial Study and the Negative Declara-
tion of Environmental Significance for the proposal and the staff
report prepared by the Community Development Department, dated
November 7 , 1988 and March 10, 1989, including conditions for
approval, together with other evidence and testimony in the
public record, the Board of Supervisors granted the appeal,
approved the Minor Subdivision with conditions and instructed
staff to prepare findings for approval of the Minor Subdivision
(MS 37-88 ) at a subsequent meeting; and
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2.
WHEREAS, following the Board' s decision and before approval of
the findings for such grant and approval, written requests for
reconsideration were filed with the Board; and
WHEREAS, on May 9, 1989 after hearing testimony from those
individuals filing written requests for reconsiderations
and from representatives of the applicant and owner, the Board
denied the motions for reconsideration and directed staff to
prepare findings; and
NOW, THEREFORE, BE IT RESOLVED that after having considered all
of the evidence and testimony in the record made available to the
Board with respect to the Minor Subdivision application (MS
37-88) , including those documents and evidence previously
referenced and incorporated herein, the Board hereby has accepted
the environmental documentation as adequate and in compliance
with CEQA has granted the Appeal and approved the Minor
Subdivision (MS 37-88) , subject to the Conditions of Approval
attached hereto as Exhibit A. In connection therewith, this
Board hereby adoptes the following findings:
A. Findings Required Under the Contra Costa County Subdivision
Ordinance (Title 9, Contra Costa County Code)
This Board hereby finds that:
1. Compliance with subdivision requirements - The proposed
Minor Subdivision (MS 37-88) meets and performs all of
the requirements and conditions imposed by Title 9,
Section 94-2. 806 of the County Code, as more fully set
forth in the findings incorporated herein and as
mandated by Condition of Approval #4(A) requiring
compliance with the provisions of the County
Subdivision Ordinance.
2. Consistency with the General Plan - The proposed Minor
Subdivision is consistent with the General Plan. There
are no applicable specific plans governing the
property.
The General Plan designates the property as single-
family residential low density providing for a range of
densities of 0 - 3 families per--net- residential acre.
The Minor Subdivision is consistent with that desig-
nation because it would only permit development of one
single-family home on the new parcel. Condition #6 of
the Conditions of Approval, which requires the property
owner to provide to the satisfaction of the East Bay
Regional Park District a riding and hiking trail
extending from Reliez Valley Road west through the
property to East Bay Regional lands is made in further-
ance of the parks and recreational policies in the
General Plan.
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3 .
3. Construction Requirements - To the extent there are
construction requirements required by the County in
connection with the Minor Subdivision, they are
contained in Condition 44 of the Conditions of
Approval. The Minor Subdivision, therefore, complies
with County drainage, road improvement, traffic and
utility requirements, as may be applicable.
B. Findings Required under the Subdivision Map Act (Government
Code Section 66410 et seq. )
This Board hereby finds that:
1. Compliance with subdivision requirements - No substan-
tial evidence has been presented to the Board which
would require denial of the Minor Subdivision pursuant
to Section 66474 of the Subdivision Map Act.
2. Consistency with General Plan - As more fully described
in Paragraph A ( 2 ) above, the Minor Subdivision and the
design or improvement of the Minor Subdivision are
consistent with the General Plan, including the land
use designation for single-family residential low
density.
3. Site Physically Suited for Type of Development - The
Board finds that the Minor Subdivision would allow for
the construction of one residence and agriculture uses
and activities on the new parcel or the further
expansion of the existing cemetery by previous
approvals.
4. Site Physically Suited for Proposed Density of Develop-
ment - The Board finds that the density allowed by the
Minor Subdivision is an additional one residence on the
new parcel. The creation of the new parcel will allow
the owner of the new parcel to sell, lease or finance
the new parcel and does not provide for any right to
development at densities proposed in the pending future
project applications. The appropriate time to discuss
the suitability of the new parcel for any additional
density will be at the time the..._County -renders its
decisions on the future project applications. The new
parcel is physically suited for the additional one
residence that will be allowed by the Minor
Subdivision.
5. Environmental Damage or Injury to Fish or Wildlife or
Their Habitat - The design of the subdivision is not
likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or
their habitat. With the exception of the drainage,
road improvements, traffic and utility requirements and
the riding and hiking trail to be constructed pursuant
to the Conditions of Approval, the Minor Subdivision by
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itself will result in no physical alteration of the
property. In addition, as part of its environmental
determination evidenced in the Initial Study and the
Negative Declaration prepared for the Minor
Subdivision, the Community Development Department,
pursuant to CEQA, determined that the Minor Subdivision
did not have the potential to substantially degrade the
quality of the environment or substantially reduce the
habitat of a fish or wildlife species.
6. Public Health Problems - The design of the Minor
Subdivision is not likely to cause serious health
problems. Again, the Minor Subdivision will only allow
the construction of one residence on the new parcel.
Any public health problems that could be created by
such construction on a 70-acre site will be ameliorated
by the property owner' s compliance with the drainage,
road improvement, traffic, and utility requirements
contained in the Conditions of Approval as well as
compliance with applicable grading and building code
requirements.
7. Conflicts with Existing Access Easements - There is no
evidence in the public record before the Board on the
Minor Subdivision application that its design will
conflict with public easements for access through or
use of the property. Condition #4(B) requires the
conveyance to the County, by offer of Dedication,
additional right of way on Reliez Valley Road, as
required for planned future width. In addition,
Condition #6 provides for a hiking and riding trail.
These conditions will enhance, not conflict with public
access considerations.
8. Regional Housing Needs - Pursuant to Section 66412 . 3 of
the Subdivision Map Act, this Board has considered the
effect of this action on the housing needs of the
region. In doing so, this Board has attempted to
balance the regional housing needs against the public
service needs of the residents of the County, as well
as against the available fiscal and environmental
resources. Because the Minor. Subdivision will only
result in one additional unit of housing on the new
parcel, the Minor Subdivision will have a negligible
effect on the housing needs of the region.
9. Passive Heating and Cooling - In accordance with
Section 66473 . 1 of the Subdivision Map Act, the design
of the Minor Subdivision shall provide, to the extent
feasible, for future passive or natural heating or
cooling opportunities in the subdivision.
C. Findings in Support of the Negative Declaration on the Minor
Subdivision (MS 37-88) (Compliance with California Environ-
mental Quality Act [Public Resources Code Section 21000 et
seq. l ) •
This Board hereby finds that:
The Initial Study and the Negative Declaration for the Minor
Subdivision properly evaluated the potential for environ-
mental impacts resulting from the Minor Subdivision applica-
tion for a lot split of a 171-acre parcel. The Minor
Subdivision application was filed prior to submission of the
future project applications and was not dependent on any
change to the General Plan. Therefore, the environmental
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5.
review of the application properly considered the .lack of
substantial evidence supporting a fair argument that a minor
subdivision creating a 70-acre parcel within a single-family
low density acre designation on the General Plan might
produce significant environmental effects.
The approval of the Minor Subdivision will only permit the
sale, lease or finance of the new parcel independent from
the remaining parcel under the Subdivision Map Act. As a
result, the Minor Subdivision will not result in, lead to,
or presuppose the development project contemplated by the
future project applications as indicated by Condition #2 .
Accordingly, the approval of the minor subdivision and the
adoption of these findings is not premature. It was proper
for the County to conduct its environmental review on the
impacts presented by the one residential unit which could
potentially be developed by the Minor Subdivision. In view
of the fact that the submitted future project applications
will be subject to extensive public review and analysis by
an Environmental Impact Report, the Negative Declaration for
the Minor Subdivision is appropriate.
PASSED AND ADOPTED this 27th day of June, 1989, by the
following vote of the Board:
AYES: Supervisors Schroder, McPeak and Torlakson
NOES: Supervisors Powers and Fanden
ABSENT: None
ABSTAIN: None
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supere on the date shown.
Armen: Iscatnd A-)- MCI
PHILCB HELOR,Ci&k of the Board
Of Supervi7,A,
d County Administrator
By Deputy
89/433
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 37-88
1. This approval is based upon the tentative map dated received April 8, 1988,
subject to. the conditions listed below.
2. This approval for two parcels does not create or establish the boundaries
or area for cemetery use or any future residential development which may be
approved substantially different than that indicated by this division and
may also require subsequent boundary adjustments.
3. Prior to filing the parcelmap for this minor subdivision, an application
for a land use permit shall be filed to modify and. re=establish the cemej
tery use on the reduced area of the property. The application shall be
filed per Ordinance Code Section 88-2.402, including plans showing existing
and proposed cemetery development, particularly as ;it relates to those ar=
eas near the common boundary of the two parcels and adjacent properties:
The application shall also include information concerning the effect or
impact if any, of the change of area to be devoted to cemetery use on the
endowment care fund.
4. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9) . Any exceptions therefrom must be specifically
listed in this conditional approval statement. Conformance with the
Ordinance Code includes the following requirements:
1. Constructing road improvements along the frontage of Reliez Val-
ley Road. Because of the nature of this application, an excep-
tion to this requirement is permitted.
2. Undergrounding of all utility distribution facilities. Because
of the nature of this application, an exception to this require-
ment is permitted.
3. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility. As
these parcels are large and agricultural in nature, additional
run-off resulting from this subdivision will be negligible. An
exception to this requirement is permitted providing the appli-
cant maintains the existing drainage pattern and does not dispose
concentrated storm water run-off onto adjacent property.
4. Submitting a Parcel Map prepared by a registered civil engineer
or licensed land surveyor.
5. Applying for encroachment permits from the Public Works Depart-
ment, Engineering Services Division, for driveway connections
within the right of way of Reliez Valley Road.
DEW A
2
B. Convey to the County, by Offer of Dedication, additional right of way
on Reliez Valley Road as required for the planned future width.
C. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for Countywide Area of Benefit as adopted by the Board of Supervisors.
Because of the agricultural nature of this application, the fee will
be due with the issuance of a building permit on the site rather than
at the time of the filing of the Parcel Map. Currently the fee, for
this region of the County, is $2,300 for each added single family
residence.
5. A lot line adjustment is approved for the area of Parcel C to become part
of the adjacent 20 acres to the east (H. Much 1 i nski-APN#365-160-004)
allowing additional access from Hidden Pond Road for pending subdivision
7144. The property transfer shall be accomplished by deed description or
by record of survey or both and indicated on the parcel map for MS 8-90-88.
The property being transferred shall be combined with the receiving
parcel and assessed as one parcel for tax purposes.
6. Prior to filing the parcel map, provision shall be made to the satisfaction
of the East Bay Regional Park District, for a riding and hiking trail
extending through Parcels A and B to complete a trail connection from
Reliez Valley Road west through the site, to East Bay Regional Park lands,
subject to final review and approval by the Zoning Administrator.
THE FOLLOWING STATEMENT IS ADVISORY ONLY AND DOES NOT CONSTITUTE A CONDITION OF
APPROVAL.
A. Comply with the requirements of the Contra Costa County Consolidated Fire
Protection District.
BT/GA/df
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