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D. 3
To: Board of Supervisors
From: Catherine Kutsuris, Conservation & Development Director
Date: December  8, 2009
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Hearing on a Recommendation of the San Ramon Valley Regional Planning Commission to Rezone 0.16-Acres of the Diablo Country Club from F-R to R-20

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/08/2009
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

Contact: Ruben Hernandez, 5-1339
cc: Chris Howard     Keith Denison     Lori Koch    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     December  8, 2009
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

After accepting any testimony and closing the hearing, ADOPT a motion to:  
  

A. APPROVE rezoning of a 0.16-acre portion of Assessor Parcel Number 195-180-019 from Forestry Recreation District (F-R) to Single-Family Residential (R-20), as recommended by the San Ramon Valley Regional Planning Commission;  

  





RECOMMENDATION(S): (CONT'D)
B. ACCEPT the recommendations of the San Ramon Valley Regional Planning Commission on the proposed rezoning, as contained in Resolution No. 19-2009.   
  
C. FIND that the proposed rezoning is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA State Guidelines;  
  
D. INTRODUCE Ordinance No. 2009-32 giving effect to the aforesaid rezoning, waive reading and adopt the ordinance.   
  
E. DIRECT staff to file a Notice of Exemption with the County Clerk.  

FISCAL IMPACT:

None. The applicant is responsible for the cost of processing the rezoning request.

BACKGROUND:

On July 15, 2009, the San Ramon Valley Regional Planning Commission voted unanimously to recommend that the Board of Supervisors approve the proposed rezoning of a 0.16-acre portion of the Diablo Country Club from Forestry Recreation (F-R) to Single-Family Residential (R-20). No members of the public were present at the meeting with the exception of the applicant.   
  
The property to be rezoned is a 7,154-square-foot (0.16-acre) triangular piece of the Diablo Country Club, located in the southeast area of the club property, wedged between 1897 Calle Arroyo and a service driveway that provides access to the back of the clubhouse. The 0.16-acre portion of the Country Club property to be rezoned does not appear to be used or regularly maintained by the Country Club. Green Valley Creek runs adjacent to Calle Arroyo along the foot of the property and the property slopes upward from Calle Arroyo toward the clubhouse. The subject property and 1897 Calle Arroyo are covered with riparian vegetation including numerous oak trees. Currently, a single-family residence and detached garage are located on 1897 Calle Arroyo. The surrounding uses include single-family residential properties and the Diablo Country Club.   
  
Prior to submitting the application to rezone the subject property, on January 16, 2009, the Humann Company, representing the Diablo Country Club, filed a lot line adjustment application to merge the subject 0.16-acre portion of the Country Club to the adjacent property, 1897 Calle Arroyo. The residential property is zoned Single-Family Residential (R-20). The Humann Company is also the applicant for the rezoning application. Approval of the lot-line adjustment would allow the County to make the necessary finding that the proposed lot-line adjustment conforms with the zoning.   
  
After reviewing the application, staff determined that the lot-line adjustment could not be approved because the reconfigured lot would have both R-20 and F-R zoning, and the Forestry Recreational (F-R) zoning district is not consistent with the Single-Family Low-Density (SL) General Plan designation in which it is located. Table 3-5 in the Land Use Element (Chapter 3) of the County General Plan also identified the F-R zoning district as an antiquated zoning district to be deleted from the zoning ordinance. Additionally, many of the uses permitted in the F-R zoning district are not consistent with the surrounding single-family uses or the recreational use of the Country Club.   
  
Staff informed the applicant that in order to obtain approval of the lot-line adjustment to merge the portion of the Country Club with 1897 Calle Arroyo, the Country Club property would first have to be rezoned to R-20 to match the existing zoning of 1897 Calle Arroyo. On April 14, 2009, the Humann Company submitted an application to rezone the 0.16-acre portion of the Diablo Country Club from F-R to the R-20 zoning district to the Department of Conservation and Development.   
  
General Plan Compliance  
  
Rezoning the 7,154-square-foot (0.16-acre) portion of the Diablo Country Club from F-R to the R-20 residential zoning district will bring the property into compliance with the Single-Family Residential Low-Density General Plan Designation in which it is located. Upon approval of the rezoning, a lot-line adjustment application to combine the area with 1897 Calle Arroyo can be approved, resulting in the creation of a 41,332 square foot conforming parcel with R-20 zoning and within the Single-Family Residential Low-Density (SL) General Plan designation.   
  
Table 3-5 in the Land Use Element (Chapter 3) of the County General Plan includes language identifying the F-R zoning district as one of the four “antiquated” zoning districts to be deleted from the Zoning Ordinance. Therefore, rezoning the 0.16-acre portion of the Diablo Country Club from F-R to R-20 will further another goal of the County General Plan.   
  
Other Considerations  
  
Based on the anticipated lot size (41,332 square feet) of 1897 Calle Arroyo after the lot-line adjustment, and based on the lot size requirements of the R-20 Zoning District and the SL General Plan designation, 1897 Calle Arroyo would have enough gross land area to be potentially subdivided into two lots. But, due to the presence of Green Valley Creek along the foot of the property, policies within the Conservation Element of the County General Plan (Policy 8-89) and the creek structure setback requirements within the County Subdivision Ordinance (Title 9), would place significant constraints on the property which would limit the ability to further subdivide.   
  

CONSEQUENCE OF NEGATIVE ACTION:

None.

CHILDREN'S IMPACT STATEMENT:

None.

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