HomeMy WebLinkAboutMINUTES - 09181990 - H.3 143
TO: BOARD OF SUPERVISORS / _ Contra
FKM: Harvey E. Bragdon Costa
Director of Cmmmnity Development C urn
DATE• September 12, 1990
SM3ECP: Richmm-d Shoreline Specific Plan Interim Ordinance
SPECIFIC IM2=(S) M (S) BACMROUND AND JiSl'IFIC��iTICN
REOATIONS
Adopt the extension of the ordinance "Urgency Interim Prohibition and Regulation
of the Rict ma-d Shoreline Specific Plan Area" until October 31, 1990.
FISCAL IMPACT
The only costs for adoption of this ordinance are for publication and public
notice; these costs have already been incurred.
BACKCROLND/REASONS.FOR FIXXMENDATIONS
The "Urgency Interim Prohibition and Regulation of the Rid=nd Mxweline
Specific Plan" ordinance was adopted by the Board of Supervisors on August 7,
1990. As required by law, a second hearing must be held if this ordinance is to
remain in effect beyond 45 days. Staff recamends authorizing extension of this
ordinance until October 31, 1991.
The City of Ridmmni has already adopted such an ordinance. The staff report on
the original adoption is attached.
CCKMaM CN X YES SIGNATURE: .
CN OF 0OURrY Mpamsiywm 4ENDMON OF BOARD CQMIITiEE
APPROVE OTHER
FT (S):
AMICK OF BOARD CN September 18 , 1990 Appnmw AS SID® OTHER X
This is .the time heretofore noticed by the Clerk of the Board of
Supervisors for .hearing on the extension of and interim zoning
ordinance for the North Richmond Shoreline SpecificPlan Area.
James Cutler, Community Development Department, presented the
staffreport on this item advising of a typographical error in the
recommendation and requesting that the Ordinance be :extended to August
6, 1992.
No one appearing in opposition, Supervisor Powers moved to close
the hearing and approve the staff recommendation.
Therefore, IT IS BY THE BOARD ORDERED that Ordinance NO. 90-83
extending the interim zoning ordinance for the North Richmond
Shoreline Specific Plan Area to August 6, 1992 is ADOPTED.
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cc: ommumity Development ATrESM S ep'tember 18, 1990
CAO Pim BAMEaMM, CMM OF
Public Works THE BOARD OF STI' VISOIis
County Counsel coanx
Ridmwnd Planning
BY T�ITi'Y
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TO: BOARD OF SUPERVISORS _ .< '�,.,�.}
FROM: Harvey E. Bragdon CJlJ.7la
rnt ,
Director of Community Development °'sr.;•�e��� County
DATE: August 7, 1990
SUBJECT: Richmond Shoreline Specific Plan Interim Ordinance
FITC REQUEST(S) OR ONS(S) & BACKGROUND AND !ICATION
RECOMMENDATIONS
1. Adopt the ordinance "Urgency Interim Prohibition and Regulation of the
Richmond Shoreline Specific Plan Area."
2. Authorize the Director of Community Development to file a Notice of
Exemption on this ordinance.
3. Schedule September 18, 1990 for an extension hearing on this ordinance.
FISCAL IMPACT
The only costs for adoption of this ordinance are for. publication and public
notice; these costs have already been incurred. The extension hearing will
entail a second publication and the mailing of hearing notices:
BACKGROUND/REASONS FOR REC)OMMENDATIONS
The Board of Supervisors and Richmond City Council jointly appointed a Citizens.
Advisory Committee to advise staff on a new General Plan for the Richmond
Shoreline Area (including unincorporated North Richmond) and a!'specific plan for
a smaller portion of that area. .
4
CONTINUED ON ATTAC MENr: X YES SI
ON OF CC UWY AE14INISIRATCR RECONREND&ftON 45F fARD COMMITTEE
APPROVE OTHER
SICKA r RE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_ I HEREBY CYT THIS IS A
�NIl►'OUS (ABSENT ) TRUE AND 0CRRECT COPY OF AN
AYES: NOES: ACTION MUN AND ENTII2ID ON THE
ABSENT: ABSTAIN: NIINUTFS OF THE BOARD OF
ON THE DATE SEKM.
ac: Community Development ATTESTED
CAO PHIL BATQ3QLI2, CLERK OF
Public Works THE BOARDI OF SUPERVISORS
County Counsel AND COUNTY AENINISTRATOR
Richmond Planning
BY , DEPUTY
cjc9/jb/shrinio.bos
On June 7, 1990, the Citizens Advisory Committee for the North Richmond
Shoreline Specific Plan voted 8 ayes and 4 noes to recommend that the City and
County adopt a moratorium for the Specific Plan Area, with a provision that the
Erickson project be excluded from the moratorium (see attached map) . The
Erickson Hazardous Waste Treatment Facility Project site is within the Specific
Plan Area, but outside the City Limits. The Committee's reason for excluding
the Erickson Project is that the Environmental Impact Report for the project is
almost complete and the project is scheduled for action by the County. It was
also unclear as to whether the State, under the Tanner Bill, could preempt the
moratorium. The proposed ordinance (attached) would preclude processing of all
new planning applications and building permits, except for the Erickson
Hazardous Waste Facility.
The moratorium would prohibit structures, which may be contrary to the future
Specific Plan, from being constructed within the area during preparation of the
Plan thereby protecting the potential for changes in land use and transportation
policies to occur in the area. It is expected that the completion of the
Specific Plan could take seven to eleven months to complete. The North Richmond
Shoreline General Plan is expected to be completed by the end of January 1991.
If an Environmental Impact Report is required for the Plan, that timeline would
be extended approximately another six months.
Approximately 800 of the Specific Plan Area is within the City of Richmond. The
only pending development permits presently before the County are for the
Erickson Hazardous Waste Treatment Facility. The draft ordinance exempts that
facility from the moratorium, consistent with the Richmond Shoreline Committee
action. A hearing on Erickson application is correctly scheduled for hearing on
August 14, 1990 before the County Planning Commission.
The City of Richmond adopted a parallel ordinance for the City portion of the
Specific Plan on July 2, 1990. Adoption of this ordinance would make
City and County interim regulations consistent with each other.
Lastly, it is recommended that a follow-up hearing to extend this ordinance be
scheduled for September 18, 1990. The current law requires that the- Urgency
Interim Ordinance will expire after 45 days unless it is extended at public
hearing within that 45-day time period. The target date for completion of the
Specific Plan is November 1, 1990. The ordinance will expire after 45 days on
September 21, 1990. Since it is known that an extension will be required, staff
felt it desirable to indicate that fact at this time and to schedule that
extension hearing date.
ORDINANCE NO, 90-
(Urgency Interim Ordinance Prohibiting Development
in the North Richmond Shoreline Specific Plan Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. Prohibitions; Exemption. A. Prohibitions. No
tentative subdivision map, conditional use permit, building
permit, or other development entitlement- shall be approved in the
. North Richmond Shoreline Specific Plan Area (the "Area" ) , as
described in Exhibit "A," attached hereto and incorporated herein
by this reference. No private application for a general plan
amendment or a rezoning shall be accepted or processed while this
interim ordinance is in effect. This ordinance shall not be
construed to prohibit the issuance of any permits which do not
result in an addition to or enlargement of an existing structure
or which are necessary to repair or maintain an existing
structure.
B. Exemption. The provisions of Paragraph A shall not
apply to any proposed specified hazardous waste facility project
in the Area for which a final environmental impact report has
been completed as of the date this ordinance is enacted.
SECTION II. Urgency Declaration. This ordinance is an interim
urgency measure authorized by Government Code sections 65858 and
25123 , and Elections Code section 3751. The Board also finds
that the establishment of new land uses by means of the approval
of additional subdivisions, use permits, building permits,
rezonings, and general plan amendments constitutes a current and
immediate threat to the public health, safety, and welfare. The
facts constituting the urgency are that there are presently
proposals for development in the Area. The County is in the
process of preparing the North Richmond Shoreline Specific Plan
for the Area, in concert with the City of Richmond. The County
also is contemplating other land-use regulatory measures for the
Area. All these proposed regulatory actions are being taken in
order to foster orderly development in the Area. If these
interim urgency provisions are not imposed, uses in conflict with
the contemplated general plan, specific plans, and other
regulatory measures may result, irreversible uses may result to
the detriment of the Area, and uses may occur which would
frustrate any comprehensive land use regulations that may be
adopted.
SECTION III. Report. At least ten days before the expiration of
this ordinance or any extension of it, the Community Development
Department is directed to file with the Clerk of the Board a
written report describing the measures taken to complete the
specific plan for the North Richmond Shoreline Area and to
alleviate the condition which has led to the adoption of this
ordinance.
SECTION IV. Environmental Assessment. A. Pursuant to section
15061 of the State and County CEQA Guidelines, the Board finds
and declares that this ordinance is exempt from CEQA for the
following reasons:
(1) This ordinance is not a "project" within the
meaning of section 15378 of the CEQA Guidelines, because the
ordinance itself has no potential for resulting in a physical
ORDINANCE NO. 90-
1
change in the environment. The purpose of this ordinance is to
regulate, on an interim basis, the land uses in the North
Richmond Shoreline Area pending the completion of the specific
plan.
(2) This ordinance is categorically exempt from CEQA
under section 15308 of the CEQA Guidelines. This ordinance is a
regulatory action taken by the County in the exercise of its
constitutional authority and in accordance with Government Code
section 65858, to assure maintenance and protection of the
environment pending the preparation and adoption of the specific
plan for the North Richmond Shoreline Area.
(3 ) This ordinance is covered by the general rule that
CEQA applies only to projects which have the potential for
causing a significant effect on the environment. For the reasons
set forth in subparagraphs (a) and (b) of this paragraph, it can
be seen with certainty, and the Board finds, that there is no
possibility that this ordinance will have a significant effect on
the environment; therefore, this ordinance is not .subject to
CEQA.
B. The Community Development Director is directed to file a
notice of exemption for this ordinance, in accordance with the
provisions of section 15062 of the State CEQA Guidelines.
SECJION V. EFFECTIVE DATE. This ordinance becomes effective
immediately upon passage and shall be operative for forty-five
days (through September 21, 1990) , pursuant' to Government Code
section 65858. Within fifteen days after passage this ordinance
shall be published once with the names of Supervisors voting for
and against it in the a
newspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Board Chair.
and County Administrator
By [SEAL]
Deputy
SBM
(8-6-90)
ORDINANCE NO. 90-
2
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North Richmond Shoreline Specific Plan Boundary
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ORDINANCE NO. 90- 83
(Extending Urgency Interim Ordinance Prohibiting Development
in the North Richmond Shoreline Specific Plan Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. Prohibitions: Exemption. A. Prohibitions. No
tentative subdivision map, conditional use permit, building
permit, or other development entitlement shall be approved in the
North Richmond Shoreline Specific Plan Area (the "Area") , as
described in Exhibit "A," attached hereto and incorporated herein
by this reference. No . private application for a general plan
amendment or a rezoning shall be accepted or processed while this
interim ordinance is in effect. This ordinance shall not be
construed to prohibit the issuance of any permits which do not
result in an addition to or enlargement of an existing structure
or which are necessary to repair or maintain an existing
structure.
B. Exemption. The provisions of Paragraph A '-shall not
apply to any proposed specified hazardous waste facility project
in the Area for which a final environmental impact report has
been completed as of the date this ordinance is enacted.
SECTION II. Urgency Declaration. This ordinance is an interim
urgency measure authorized by Government Code sections 65858 and
25123, and Elections Code section 3751. The Board also finds
that the establishment of new land uses by means of the approval
of additional subdivisions, use permits, building permits,
rezonings, and general plan amendments constitutes a current and
immediate threat to the public health, safety, and welfare. The
facts constituting the urgency are that there are presently
proposals for development in the Area. The County ds in the
process of preparing the North Richmond Shoreline Specific Plan
for the Area, in concert with the City of Richmond. The County
also is contemplating other land-use regulatory measures for the
Area. All these proposed regulatory actions are being taken in
order to foster orderly development in the Area. If these
interim urgency provisions are not imposed, uses in conflict with
the contemplated general plan, specific plans, and other
regulatory measures may result, irreversible uses may result to
the detriment of the Area, and uses may occur which would
frustrate any comprehensive land use regulations that may be
adopted.
SECTION III. Report. At least ten days before the expiration of
this ordinance or any extension of it, the Community Development
Department is directed to file with the Clerk of the Board a
written report describing the measures taken to complete the
specific plan for the North Richmond Shoreline Area and to
alleviate the condition which has led to the adoption of this
ordinance.
SECTION IV. Environmental Assessment. A. Pursuant to section
15061 of the State and County CEQA Guidelines, the' Board finds
and declares that this ordinance is exempt from CEQA for the
following reasons:
(1) This ordinance is not a "project" within the
meaning of section 15378 of the CEQA Guidelines, because the
ordinance itself has no potential for resulting in! a physical
ORDINANCE NO. 90- 83
1
change in the environment. The purpose of this ordinance is to
regulate, on an interim basis, the .land uses in the� North
Richmond Shoreline Area pending the completion of the specific
plan.
(2) This ordinance is categorically exempt from` CEQA
under section 15308 of the CEQA Guidelines. This ordinance is a
regulatory action taken by the County in the exercise of its
constitutional authority and in accordance with Government Code
section 65858, to assure maintenance. and protection of the
environment pending the preparation and adoption of: the specific
plan for the North Richmond Shoreline Area.
(3) This ordinance is covered by the general rule that.
CEQA applies only to projects which have the potential for
causing a significant effect on the environment. F.or the reasons
set forth in subparagraphs (a) and (b) of this paragraph, it can
be seen with certainty, and the Board finds, that there is no
possibility that this ordinance will have a significant effect on
the environment; therefore, this ordinance is not subject to
CEQA.
B. The Community Development Director is directed to file a
notice of exemption for this ordinance, in accordance with the
provisions .'of . section 15062 of the State CEQA Guidelines.
SECTION V. EFFECTIVE DATE. This ordinance becomes effective on
September 22, 1990 and shall be operative for ten months and
fifteen days (through August 6, 1992) , pursuant to 'Government
Code section 65858. Within fifteen days after passage this
ordinance shall be published once with the names of Supervisors
voting for and against it in the WEST COUNTY TIMES ,
a newspaper published in this County.
PASSED ON September 18 , 1990 .by' the following vote:
AYES: Supervisors Powers, _McPeak, Torlakson and Fanden
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Boa Chair.
and County Administrator
0
By (SEAL]
—4Deputy
SBM
(9-18-90)
ORDINANCE NO. 90- 83
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