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HomeMy WebLinkAboutMINUTES - 09151991 - H.8 Contra TO: BOARD OF SUPERVISORS Costa rl;�io ;s County FROM: HARVEY E. BRAGDON ` DIRECTOR OF COMMUNITY DEVELOPMENT e.Y_ ;ko sra courz'c'� DATE: June 3 , 1992 SUBJECT: Hearing on Rezoning Request by John Penna (2972-RZ) to Rezone 137.4 Acres Located at 305 Bollinger Estates Court from A-80 (Exclusive Agriculture) to A-40/A-2 (Exclusive Agriculture/General Agricultural) , in the San Ramon Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS, 1. Accept the environmental documentation prepared for this project as adequate and complete. 2. Approve the rezoning as recommended" by the San Ramon Valley . Regional Planing Commission. 3 . Adopt the Planning Commission's findings as set forth :ih its Resolution No. 35-1992 as the determinations for this decision. 4 . Introduce the ordinance giving effect to the aforesaid rezoning 2972-RZ, waive reading and set date for adoption of same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Following recommendation by the Planning Commission on the subject application, an option between East Bay Regional Park District and the applicant was exercised to purchase the upper 126 acres of the subject property, which is zoned A-80. The scenic easement proposed by the District is not consistent with the rezoning boundary. CONTINUED ON ATTACHMENT: X YES SIGNATUREJ, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Spj)tember 15, 1992 APPROVED AS RECOMMENDED XX OTHER All persons desiring to speak were heard. The hearing was closed and the Boarc-l'PROVED the recommendations set forth above. In introducing the Ordinance, the Board SET September 22, 1992, for adoption of same. VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 1, V `r 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. OT Debbie prep an 646-2031 �5 Community Development Department ATTESTED September 15, 1992 cc: Public Works PHIL BATCHELOR, CLERK OF DeBolt Civil Engineering THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY /_ („�..������ ' DEPUTY r 2 . The issue was brought back to the Commission on June 10, 1992 for a minor modification as allowed under Government Code 65857 . The limit of the A-2 rezoning was extended to the "proposed subdivision line" as indicated on Exhibit A. The total area rezoned to A-2 will be 19 acres. Additionally, a scenic easement will be placed on the upper portion of the A-2 rezoning adjacent to the EBRPD scenic easement. DD/aa BDV/Penna.DD i r REZONING APPLICATION #2972-RZ A-80 TO A-2/A-40 DeBOLT CIVIL ENGINEERING (Applicant) JOHN PENNA (Owner) DANVILLE AREA BOARD OF SUPERVISORS CONTRA COSTA COUNTY SEPTEMBER 15, 1992 - 2;00 P.M. DeBolt Civil Engineering . John Penna. Mike Vandeman 811 San Ramon Valley Blvd. 18275 Bollinger Canyon Rd. 3025 Bateman St. Danville, CA 94526 San Ramon, CA 94583 Berkeley, CA 94705 East Bay Regional Park Dist. Thomas & Judith Jones Arthur Mueller Tom Lindenmeyer 18181 Bollinger Canyon Rd. 18235 Bollinger Canyon Rd. 2950 Peralta Oaks Ct.. San Ramon, CA 94583 San Ramon, CA 94583 Oakland, CA 94605 CPHC Incorporated Stephen & Roxanne Clark Franz & Eva M. Schmitt c/o Western Regional Oper.Mgr. 18201 211 Bollinger Canyon 18189 Bollinger Canyon Rd. 696 San Ramon Valley Blvd. #2 San Ramon, CA 94583 San Ramon, CA 94583 San Ramon, CA 94583 United States of America MB Associates Diablo Asset Development 112 McAllister St. #2 c/o Westmark Systems Inc. Kubasaki Associates Inc. San Francisco, CA 94102 301 S. Congress Ave. #2000 1371 Oakland Blvd. #200 Austin, TX 78701 Walnut Creek, CA 94596 Larry & Janice Blair William & Deborah Parks Wendell Van Auken 325 Bollinger Estates Ct. 8356 Locust Place 30 Glen Alpine San Ramon, CA 94583 Dublin, CA 94568 Danville, CA 94526 Ronald, Janestt & Orlando 2972-RZ.lab Gatti 311 Barton Court Danville, CA 94526 se Conti TO: BOARD OF SUPERVISORS -�� �• Costa FROM: HARVEY E. BRAGDON �' ."`_ ' .- < Courts DIRECTOR OF COMMUNITY DEVELOPMENT a, DATE: June 3, 1992 rrq co UN' �r SUBJECT: Hearing on Rezoning Request by John Penna (2972-RZ) to Rezone 137.4 Acres Located at 305 Bollinger Estates Court from A-80 (Exclusive Agriculture) to A-40/A-2 (Exclusive Agriculture/General Agricultural), in the San Ramon Area SPECIFIC REQUEST(S) OR RECOMMENDATION S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate and complete. 2. Approve the rezoning as recommended by the San Ramon Valley Regional Planing Commission. 3. Adopt the Planning Commission's findings as set forth in its Resolution No. 35-1992 as the determinations for this decision. 4. Introduce the ordinance giving effect to the aforesaid rezoning 2972-RZ, waive reading and set date for adoption of same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Following recommendation by the Planning Commission on the subject application, an option between East Bay Regional Park District and the applicant was exercised to purchase the upper 126 acres of the subject property, which is zoned A-30. The scenic easement proposed by the District is not consistent with the rezoning boundary. CONTINUED ON ATTACHMENT: X. YES SIGNATURE �I � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 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. qbmmunb e prennan646-2031 qty Develop ment Department ATTESTED cc: Public Works PHIL BATCHELOR, CLERK OF DeBolt Civil Engineering THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY 2. The issue was brought back to the Commission on June 10, 1992 for a minor modification as allowed under Government Code 65857. The limit of the A-2 rezoning was extended to the "proposed subdivision line" as indicated on Exhibit A. The total area rezoned to A-2 _will be 19 acres. Additionally, a scenic easement will be placed on the upper portion of the A-2 rezoning adjacent to the EBRPD scenic easement. DD/aa BDV/Penna.DD RESOLUTION NO. 35 -1992 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY DeBOLT CIVIL ENGINEERING (APPLICANT) AND JOHN PENNA (OWNER) , (2972-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE SAN RAMON AREA OF SAID COUNTY. WHEREAS, a request by DeBolt Civil Engineering (Applicant) and John Penna (Owner) (2972-RZ) to rezone land in the San Ramon area from A-80 to A-2/A-40, was received on September 27, 1991; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the. requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, March 18 , 1992 , and continued to May 6, 1992 , whereat all persons interested might appear and be heard; and WHEREAS, on Wednesday, May 6, 1992 , the San Ramon Valley Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that San Ramon Valley Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of DeBolt Civil Engineering (Applicant) and John Penna (Owner) (2972-RZ) be approved for 19 acres for change from A-80 to A-2 , and that this zoning change be made as indicated on the findings map entitled: Page T-15 of the County's 1978 Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: 1. The project as formulated complies with the requirements of the County General Plan. Page Two RESOLUTION NO. 35-1992 2. The project as proposed complies with the A-2 ordinance and the A-2 properties within the vicinity of the site are substantial and reflect a pattern of A-2 zoned property in the general area. BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the San Ramon Valley Regional Planning Commission to prepare this resolution were given by motion of the San Ramon Valley Regional Planning Commission on Wednesday, May 6, 1992 , by the following .vote: AYES: Commissioners - Cameron, Moore, Auch, Jones, Kaye, Naidorf NOES: Commissioners - Helmreich ABSENT: Commissioners - None ABSTAIN: Commissioners - None I, Victoria Naidorf, Chair of the San Ramon Valley Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Wednesday, June 10, 1992 , and this resolution was duly and regularly passed and adoptedby the following vote of the Commission: AYES: Commissioners - Cameron, Moore, Auch, Jones , Kaye NOES: Commissioners - None ABSENT: Commissioners - Helmreich, Naidorf ABSTAIN: Commissioners - None Page Three RESOLUTION NO. 35-1992 V CTORIA NAIDORF C air of .the San Ramon Valley Regional Planning Commission, County of Contra Costa, State of California ATTEST: 1 Secretary f. the San Ramon Valley Regional Planning Commission, County of Contra Costa, State of California DD/df 2972-RZ.RES Findings Map .+. + t T T A-20 C- M A•4 A•80 A.4 : ::: 'fir 1 a•Z Rezone From �-80 To' A-40Area l' - Vic A ���Dt1(l� Chair of the San Ramon Valley Planning Commission, Contra Costa County, State of California, do hereby certify that this a true and correct-copy of "RAc-,mss �td-t of -rtl cr��,yT�1'c AA-7k indicating thereon the decision of the San RamonValley Regional Planning Commission in the matter of �. / j it Chair of the SQA R n 1/alley Regio"l Planning Commission, State of Caii;brnia i ATTEST: SecV!ta(yCf th n Ramon Valley Regional Planomms Sion, State of California EAST BA( Rtr610NAL PARK DISM ICT' 6009 0R 230) N 8$°93'43"W 3036.t6 o POINT OF UGINNI A"A'g" MM 70 A 50— .0 "ic z n v i0. 00, 0 8 m M (4313 0R bi � as 573' 'oo"� tSo.00� z. A•?. 0A15ex M71054'49"F A73.07' �,, tea'. SC.ENIG ��► i j T r •J 57°53'oo�E 22o.aa' �, ASR s 88043'43"g1. 83.61 t -c A U.S.A (720 of 37o "A' 13 \ M60028`31"1r 4 4.93 ` ' FARR H'3?°93`00"W .93' ($002 OR 7{3) 0,0 'POINT OF 8EGIMMING ��4 ta►� ,��j , S CEN I C. F AS E M IEWT t PQITIT Of 6EGINNIMG ,� bZ 4pb �. AREA ra" (51 VICINITY MAP f Hem 9LAT DeBolt Civil Fngin"ringS -1D-42. I cat<� 402 South Nam Avi»uut I spa Danville,Caworua W2A 3y: -- (,C? Tt Ti GDUNTY� LAt.!FIO,�t1V!A JED 415 16,37-3730 job t 3 VI. DISCUSSION OF A-80 REZONING Review of the surrounding area indicates the subject property is border by A-80 to the north and east, Controlled Manufacturing to the east, Town of Danville to the west, and A-4 to the south. The subject property proposed for A-80 rezoning is steep and comments from East Bay Regional Park District indicate numerous landslides exist on- site. The Assessor's Parcel Map indicates a ridgeline separates 199-370-002 and - 015. The subject property abuts East Bay Regional Park District lands. Section 84-84.204 of the A-80 ordinance details the purpose of .the zoning district: The purpose of this chapter's regulations is to provide and protect areas of agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon. Section 26-2.1806 of the County Ordinance Code gives three findings the planning agency shall make prior to approving a rezoning: A. The change proposed will substantially comply with the General Plan. The applicant's proposal to rezone to A-40 is consistent with the General Plan Agricultural Lands designation. B. The uses as authorized or proposed in the land district are compatible within the district and to uses authorized within the district and to uses authorized in adjacent districts. The A-40 zoning district, like the A-80 zoning district is one of the most restrictive agricultural district in the County Ordinance Code. A use that would be allowed in the adjacent A-4 zoning district potentially would be allowed in the A-40 or A-80. However, the uses allowed on the East Bay Regional Park District land (General Plan designation Parks and Recreation) to the north are substantially different than the Agricultural Lands designation. The Parks and Recreation designation does not allow for construction of a single family residence and subdivision of land and is designated for use as recreational facilities. The Agricultural Lands designation allows for division of land when all applicable criteria is met along with construction of a single family residence and possibly a second residence. Hilly,portions of the County designated agricultural lands are used predominately for grazing livestock and dry grain farming. Staff would find rezoning the subject property to A-40, allowing for the possible division of land is incompatible with Park District's property to the north. 4 C. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial need. No community need has been demonstrated for the project. A letter of opposition was received by the East Bay Regional Park District. VII. DISCUSSION OF A-2 REZONING Parcel 199-370-016 (portion of the 137.4 acres, approximately 11 acres) is currently zoned A-80 and is border on east and west by A-2, to the south by A-4 and to the north by A-80. The applicant is requesting to rezone to an A-2 designation. The portion of the property to be rezoned to A-2 would be more consistent with the adjacent parcels. The development potential of the subject property would be a land division for two parcels and other uses allowable under the A-2 zoning district. Staff finds rezoning 11 acres to A-2 is consistent with County Ordinance Code 26- 2.1806. VIII. NEW INFORMATION RECEIVED FROM EBRPD A letter received from EBRPD indicates the District has obtained an option to purchase the upper 118 acres of the subject property, as indicated on the attached map, along with a 5.35 acre scenic easement. DD/a RZXV/2972-RZ.DD 2/27/92 4/28/92 Attachments - A-80 Zoning Ordinance - A-40 Zoning Ordinance - A-20 Zoning Ordinance - A-2 Zoning Ordinance - Section 26-2.1806 Ordinance - East Bay Regional Park District letter dated February 7, 1992 - Zoning Map - Landslide Map - East Bay Regional Park District Letter dated April 28, 1992 OR 47P NI. 3J & 34 9-31- r6 P NII.'a 15 16 & I s ' B P �'�o_J 7U C—)/4 0 206) 2 I�.;i•M, iR.H,• K 1'�� if 5. � ,5 !Jjj rr 1..a.+v u.f, �. .- `Jx�: y:'� �5�.•Fj�` r_ . y •l� � ' G � .fir •t1• O ���/ !r;f � ti; C � I � .4r o•• DSe � � • „�,,. IBJ _ •• ,r' .i 6fJ9AC. _ 569AC.--" - /9 c• • "fie 1372 C ^n� (16 .. •- •°• / /�J N .C'- .' i •1.�• tet. i • N • J'� V� i = S'. `J 3 ANIL 9 IE 0 fJ ': •O's!Ci' N'1 1 ill dN �..�. :C 4k<� r � +w \ � r�,• t .^ t 60 \ i♦ lit 0i t1 N O n 1 N v. on +/may co C15 'z co N W W +e cr_ `w i CL a ~ •rr.f i i Z _ s iii C7 E A S T B A Y BOARD OF DIRECTORS 'ames H.Duncan,President AL PAR /:;Her in)I`essel,Vice Pnxide7rt ONInCefyi�Carnbs,Treasurer R °`!f. OhveT Htilmts �'"— IohnO'Donnell ;EGI 1 _< -red Radke r' a+*oll Williams 1'st 0:81it�t1 r, Golemt lA ndyYr February 7, 1992 Ms. Debbie Drennan Contra Costa County Community Development Department 651 Pine Street Martinez, CA 94553 Subject: John Penna Rezoning (CF2972-RZ) -- Las Trampas Regional Wilderness Dear Ms. Drennan: The East Bay Regional Park District has reviewed the Notice of Intent to adopt a Negative Declaration for the subject application. The application would permit six houses on 137 . 4 acres adjacent to the EBRPD's Las Trampas Regional Wilderness. The District's experience is that there is neither water or sewer service in the area. Surface water sources are rare and the local .groundwater is being contaminated by solvents and sewage effluents from the local research company. The addition of six additional residences will greatly complicate the District's task of obtaining adequate water supply and sewage disposal to serve its existing facilities and to serve new facilities which may be planned in the future. The project area is one of complex geology and has been map-ranked as a 4 on a 6-paint scale of landslide abundance (Radbruch, D.H. and C.M. Wentworth, 1971, "Estimated Relative Abundance of Landslides in the San Francisco Bay Region" San Francisco Bay Region Environment and Resources Planning Study, U. S. Geologic The f `, _ t_ the t .�iu�Vejl) lr: iai.�.iiy iJt i'l2 �•ca1E iS —..iaut cam.. v la^aui.�-.cii.e:� �.xi� iii�jiaGj�. frequency of landslides. The EBRPD is concerned that it may not be possible to place six residences on the subject property without having some of them jeopardized by landslides crossing our common property line. Terrain in the project area is a southwesterly facing slope with a mixture of grassland .and brushland and multiple rock outcroppings. This is a perfect description of the known habitat requirements of the Alameda whipsnake (Masticophis lateralis enryxanthus) ; an animal which is protected as "threatened" under the California Endangered Species Act. There have been multiple sightings of this rare snake in the adjacent Las Trampas Regional Wilderness. The District is concerned that development of six residences could adversely affect the viability of the Alameda whipsnake population in the area; including those sighted on its lands. East Bay Regional Park District `j 11300 Skvline Boulevard Oakland, CA 94619-2443 510-531-9300 FAX 510-531-3239 Ms. Debbie Drennan February 7, 1992 Page two The same terrain and vegetation is also subject to periodic wildfires. The presence of six residences would greatly complicate the task of fighting a wildland fire whether it originates in Las Trampas or on the site. Both residents and EBRPD firefighters might be placed in life-threatening positions attempting to save 'houses from a fire in the surrounding brushland. The EBRPD's Master Plan includes a ridgetop trail from Las Trampas Regional Wilderness south to Pleasanton Ridge. This trail, because of topographic constraints, must cross the subject property. The development of six residences could substantially inhibit the District's ability to carry out this plan. In view of the potential significant adverse environmental impacts identified above. The EBRPD requests that the County prepare an EIR prior to considering the subject application. The contact person for this EIR is the undersigned who may be reached at 531- 9300, extension 2332. Very truly your , T. H. Lindenmeyer Environmental Specialist THL: sm PLANNING AGENCY 26-2.1803-26.2.1003 26.2.1803 Rezoning — Renewed application application .form for a conditional use, variance after denial. If any application for rezoning or special permit shall include, but is not limited involving reclassifying certain land(s) from one to,the following: zoning district to another is not granted,no new (1) A plot plan drawn to scale indicating application therefor shall be made or accepted dimensions and area of the subject property; within one year after final action on the earlier ('_) Locations of existing and proposed application, unless: — improvements on the subject property; (1) Less intensive land uses are allowable in (3) Names of adjoining property owners; the newly proposed zoning district than in the (4) Names of adjoining streets: earlier one;and (5) Locations of existing improvements on (2) The planning director finds that the adjacent properties; -----�'rr- " - circumstances have materially changed since the ` z (6) A statement of how the request is con- earlier application was first filed: sistent with, and will further the goals and "Materially changed circumstances" means: objectives of the general plan including,but not (1) A change in zoning districts or land uses limited to, its community facilitiei element: ' on or near the land(s);and/or '411.:Q) A change in the land area for which (7) 'Where extreme grades exist,the direction reclassification is proposed;and/or of slope and other facts necessary to accurately (3) An amendment to the county general depict the request exception in relation to the plan which may affect the property. (Ord. 72-49 subject and adjacent properties. The planning 1. 1972: prior code § 2203.11a). department may adopt a form which will be used for applications. (Ords. 85-56 § 3, 1975. 26-2.1804 Rezoning —Notice requirements. prior code § 2203.12: Ord. 917). The planning department shall schedule and give notice of hearing for zoning and applications for 26-2.2003 Variance, conditional use and rezoning as required by Government Code special permits — Renewed application after Sections 65854 and 65854.5. (Orris. 78-54i§ 1, denial. If any application for a conditional use 1975: prior code 12203.14: Ord. 917, 856). permit, variance, or special permit is denied (unless the denial is without prejudice to 26-2.1806 Rezoning — Standards. An refiling), no new application shall be made or application for rezoning is a request for change accepted within one year after the effective date of the land use district applicable to the subject of denial, unless: property or to amend the uses permitted in a (1) The applicant shows material change in land use district. Before ordering such change the circumstances upon which the denial was the planning agency shall determine that: based;and (1) The change proposed will substantially (2) The planning director accepts the new comply with the general plan; filing on these grounds. If the planning director (2) The uses authorized or proposed in the rejects the new application, he shall land use district are compatible within the communicate his reasons to the applicant. j district and to uses authorized in adjacent "Materially changed circumstances" means ! ,.,r districts; that: (3) Community need has been demonstrated (A) The proposed use or variance is for the-use proposed, but this does not require significantly different from that originally demonstration of future financial success. (Ord. applied for, and/or 1975: prior code § 2204.20: Ord. 917). (B) The lot involved has been diminished or enlarged with the result that the proposed use or Article 26-2.20 variance would be mom comp:tibie to the Variance.Conditional Use and revised lot than the situation originally applied Special Permits for;and/or (C) There has been a change in zoning 26-2.2002 Variance, conditional use and classification which significantly affects this special permits — Application requirements. land. (Ord. 71_-49 § 2: prior code y 2203.1:x). Except as waived by the planning director, the i 27 (Contra COata C'uuntr 6•66) { Chapter 84-38 A-2 GENERAL AGRICULTURAL DISTRICT Article 84-38.2 General Sections: 84-38.202 General provisions. f Article 84-38.4 Uses Sections: 84-38.402 Uses—Permitted. 84-38.404 Uses—Requiring land use permit. 84-38.406 Uses—Refuse disposal site— permit required. Article 84-38.6 Lots i Sections: 84-38.608 Lot area. width and depth. 84-38.610 Existing legal lots excepted. Article 84-38.8 Building Height Sections: 84-38.802 Building height—Maximum. Article 84-38.10 Yards Sections: 84-38.1002 Yard—Side. 84-38.1004 Yard—Setback. 84-38.1006 Yard—Rear. Article 84-38.12 Land Use and Variance Permits Sections: 84-38.1202 Land use and variance permit —Granting. Article 84-38.2 General 84-38.202 General provisions. All of the land lying within an A-2 general agricultural district may be used for any of the following uses. under the following regulations set forth in this chapter. (Ord. 1569: Ord. 1555: prior code 8156 (part): Ord. 1406). Article 84-38.4 . Uses 84-38.402 Uses — Permitted. Uses permitted in the A-2 district shall be as follows: 340 A-?GENERAL AGRICULTURAL DIST ''T 84-38.404-84-38.1002- (1) All types of agriculture, including general (9) Commercial recreational facilities when farming, horticulture, floriculture, nurseries and the principal use is not in a building; �r greenhouses, . mushroom rooms, . dairying, (10) Boat storage areas within one mile by [ livestock production, fur farms, poultry raising, public road of a boat launching facility open to `+ animal breeding, aviaries, apiaries, forestry, and the public; similar agricultural uses; (11) Retail firewood sales; (2) Other agricultural uses, including the (12) Recycling operations intended to sort erection and maintenance of sheds, warehouses, and/or process material for reuse except for granaries, dehydration plants, hullers, fruit and those activities described in Section 88-4.206: vegetable packing plants, and buildings for the (13) Museums in which objects of historical. storage of agricultural products and equipment; artistic, scientific or cultural importance are (3) A stand not exceeding two hundred preserved and displayed. '(Ords. 89-46 § square feet for sale of agricultural products 16-36 § 3, 7437 § 2, 60-82, 1988, 1569 § 2: grown on the premises. The stand shall be set prior code § 8156(b); Ords. 1406 § 3. 497 § 4, back at least twenty-five feet from the front 382 § 4E). property line; (4) A detached single family dwelling on each 84-38.406 Uses — Refuse disposal site — parcel and the accessory structures and uses Permit required. Refuse disposal sites are normally auxiliary to it; permitted in the A-2 district upon the issuance (5) Foster home or family care home of a permit under the provisions of Chapter operated by a public agency, or by a private 418.4.(Ord. 72-89 § 2, 1972). agency which has . obtained state or local approval (license) for the proposed operation, Article 84-38.6 where not more than six minors reside on the Lots premises with not more than two supervisory persons. 84-38.608 Lot area, width and depth. (6) A family day care home where care, Except as provided in Section 84-38.610, uses protection and supervision of twelve or fewer allowable under Article 84-38.4 are allowed only children in the provider's own home are provid- on lots which equal or exceed all of the ed for periods of less than twenty-four hours following: five acres in area, two hundred fifty per day, while the parents or guardians are feet average width,and two hundred foot depth. away. (Orris. 86-43 § 13, 68.25 § 2, 1968, 1569, (Ord. 73-86 § 1 (part), 1973). 1555, 1535: prior code § 8156(a): Ord. 1406). 84-38.610 Existing legal lots excepted. Any 84.38.404 Uses—Requiring land use permit. single lot legally created in an A-2 district before The following uses are allowable on the issuance November 29, 1973, at least forty thousand of a land use permit: square feet in area may be used as provided in (1) Allowable uses designated in Sectior. Article 84-38.4. (Ord. 73-86 § I (part), 1973). 84-36.404: (2) Merchandising of agricultural supplies Article 8438.8 and services incidental to an agricultural use. Budding Height (3) Canneries, wineries and processing of agricultural products; 84-38.802 Building height. ._- Maximum. (4) Cold storage plants: Building height provisions for the A-2 district (5) Slaughterhouses and stockyards: shall be the same as those for the A-1 district (6) Rendering plants and fertilizer paints or (Section 84-36.802).. (Ord. 1569: Ord. 1555: yards; prior code § 8156(f): Ord. 1406). (7) Livestock auction or sales yards: (8) Living accommodations for agricultural Article 84-38•.10 workers to be primarily used for temporary Yards housing of agricultural workers while performing seasonal agricultural work on the owner's 8438.1002 Yard -- Side. There shall be an property: aggregate side yard width of at least forty feet. 341 (t:untta t:u�ta L:uunty 1249), 84-38.1004-84-40.404 '1NING . i No side yards shall be less than twenty feet in I width. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grain-fed rodents, bees, birds, or i poultry shall be located in the A-2 district nearer than fifty feet to the boundary line of any residential land use district. (Ord. 1569: Ord. 1555: prior code § 8156(g): Ord. 1406). 8438.1004 Yard — Setback. Setback (front yard) provisions for the A-2 district shall be the same as those for the A-1 district (84-36.1004). (Ord. 1569: Ord. 1.555: prior code § 8I S6(h): Ord. 1406). 8438.1006 Yard — Rear. There shall be a rear yard of at least fifteen feet for any structure. (Ord. 1569: Ord. 1555: prior code § 81 S60): Ord. 1406). Article 84-38.I2 Land Use and Variance Permits 84-38.1202 Land use and variance permit— Granting. Land use permits for the special uses: enumerated in Section 84-38.404 and variance permits to modify the provisions contained in; Sections 84-38.602 through 84-38.1006 may be granted in accordance with Chapter 82-6. (Ord. 1569: Ord. I SSS: prior code § 81 S6(j): Ord. 1406). A-20 EXCLUSIVE AGRICULTURAL DISTRICT 84-80.202-8480.404 of supervisors which shall make final decision on Article 84-80.4 the land use permit along with the rezoning. Uses (Ord. 80-24). 84-80.402 Uses — Allowed. The following uses are allowed in the A-20 district: Chapter 84-80 (1) All types of agriculture, including general farming, horticulture, floriculture,dairying, live- A-20 EXCLUSIVE AGRICULTURAL stock production and breeding, poultry and DISTRICT grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses; Article 84-80.2 General (2) Other agricultural uses, including the Sections: erection and maintenance of sheds, warehouses. 84-80.202 General provisions. granaries, dehydration plants, hullers, fruit and 84-80.204 Purpose. vegetable packing plants, and buildings for the Article 84-80.4 Uses storage of agricultural products and equipment: Sections: (3) A stand . not exceeding four hundred 84-80.402 Uses—Allowed. square feet and set back at least twenty-five feet 84-80.404 Uses with land use permit. from the front property line, for sale of agricul- Article 84-80.6 Lots tural products grown on the premises; and Sections: (4) A detached single-family dwelling on each 84-80.602 Area, width and depth. legally established lot and the accessory struc- Article 84-80.8 Building Height tures and uses normally auxiliary to it. (Ord. Sections: 79-108). 84-80.802 Maximum. Article 84-80.10 Yards 84-80.404 Uses with land use permit. Sections: The following uses are allowable on the issuance 84-80.100' Side. of a land use permit: 84-80.1004 Setback. (I) Merchandising of agricultural supplies and 84-80.1006 Rear. services incidental to agricultural use: 84-80.1008 Residential land. (2) Canneries, wineries, and processing of Article 84-80.12 Land Use and Variance agricultural products; Permits (3) Cold storage plants: Sections: (4) Slaughterhouses and stockyards: 84-80.1202 Granting. (5) Rendering plants and fertilizer plans or 84-80.1204 Clustering. yards; (6) Livestock auction or sales yards; Article 84-80.2 (7) Living accommodations for agricultural General workers employed on the premises: (8} Home occupation; 84-80.202 General provisions. All land (9) Nurseries and greenhouses. within an A-20 exclusive agricultural district (10) Mushroom houses; may be used for any of the following uses, under (I I ) Processing of milk not produced on the regulations set forth in this chapter. (Ord. premises: 79-108), (12) Dude ranches, riding academies. stables. dog kennels: 84-80.204 Purpose. The purpose of this (13) Hospitals, eleemosynary and philanthro- chapter's regulations is to provide and protect pic institutions, convalescent homes.and animal areas for agricultural uses by preventing the es- hospitals; tablishment of urban and any other incom- (14) Churches, religious institutions. paro- patible land uses thereon. (Ord. 74-I08). chial and private schools, including nursery schools: (15) Communitv buildings. clubs, activities of a quasi-public. social, fraternal or recreational character, 372-1 (Contra Costa County 7-50) 84-80.602-84-82.202 ZONING (1.6) Medical acid/or dental offices and Article 84-80.12 clinics; Land Use and Variance Permits (17) Boat storage area within one mile by public road of a public boat launching facility; 84-80.1202 Granting. Land use permits (18) Oil and gas drilling and production in- for the special uses enumerated in Section cluding the installation and use of only such 84-80.404 and variance permits to modify the equipment necessary and convenient for drilling provisions contained in Article 84-80.6 through and extracting operations; 84-80.10 may be granted in accordance with (19) Commercial radio and television receiv- Chapters 26-2 and 82-6. (Ord. 79-108). ing and transmitting facilities other than broad- casting studios and business offices; 84-80.1204 Clustering. Variance permits (20) One additional single-family dwelling for may be granted pursuant to Section 84-80.1202 members of the family within the third degree to allow the clustering of single-family dwellings of consanguinity. (Ord. 79-108). on lots where: (1) Such action is consistent with the general ! Article 84-80.6 plan; Lots (2) The design of the dwelling cluster is, and shall be subject to the review and approval of 84-80.602 Area, width and depth. No build- the zoning administrator:and ing or other structure allowed in the A-20 dis- (3) Development rights. -rants. and/or open trict shall be erected or placed on a lot smaller space and conservation easements are conveyed than twenty acres in area,and two hundred fifty to the county for the portions of the lots not feet in average width, and three hundred feet covered by the clustered dwellings. Such convey- deep. (Ord. 79-108). ances shall be valid for the period of time speci- fied by the planning agency but not to exceed Article 84-80.8 twenty-five years. (Ord. 79-108). Building Height 84-80.802 Maximum. No building or other Chapter 8.1-82 structure permitted in this district shall exceed two and one-half, stories or thirty-five feet in A-40 FXCI-USIVF .>>CRICUL-TURAI, . height. (Ord. 79-108). DISTRICT Article 84-80.10 Article 84-82.2 General Yards Sections: 84-82.202 General provisions. 84-80.1002 Side. No side yard shall be less 84-82.204 Purpose. than fifty feet in width. (Ord. 79-108). :article 84-82.4 Reference jo•A-20 District Sections: 8480.1003 Setback. There shall be front 84-82.402 Conf,o n to A-20 district. yard setback of at least twenty-five feet for any 84-82.404 Differences from A-20 district. building or structure. (Ord. 79-108). Article 84-82.1_ 84-80.1004 Rear. No rear yard width is re- General quired.(Ord. 79-108). 84-82.2021 General provisions. All land %vith- 84-80.1006 Residential land. Notwithstand- in an A'40 exclusive agricultural district may be ing any other yard provisions of this article, no used, for any of the following uses. under the barns, stables and other buildings or structures regulations in this chapter. (Ord. 79-108), used to house livestock. grain-fed rodents, or " poultry shall be located on a tot less than fifty feet from the boundary line of any residential land use district. (Ord. 79-108). 7� (Contra Costa County 1-80) '— A-80 EXCLUSIVE AGRICULTURAL DISTRICT 84-82.204-84-84.404 84-82.204 Purpose. The purpose of this establishment of urban and any other incompa- chapter's regulations is to provide and protect table land uses thereon. (Ord. 79-108). areas for agricultural uses by preventing ing the es- tablishment,of urban and any other incompa- Article 84-84.4 tible land uses thereon. (Ord.79-108). Reference to A-20 District Article 84-82.4 84-84.402 Conform to A-20 dist ct. Except Reference to A-20 Distnct` as specified, the A-80 district is est lished and administered conformably with I the provi- 84-82.402 Conform to A-20 district. Except cions of Chapter 84-80 on A-201 istricts. (Ord. as specified, the A-40 district is established and 79-108). administered conformably with all the pro- • visions of Chapter 84-80 on A-20 districts. (Ord. 84-84.404 Differences from A.-20 district. 79-108). The following items for AA0 districts are dif- ferent from those for A-20;districts: 84-82.404 Differences from A-20 district. (1) Uses with land use permit. No land use The following items for A-40 districts are permits may be issued in the A-80 district for different from those for A-20 districts: the uses listed in subsections (12) throueh (17) (1) Uses with land use permit. No land use of Section 84-80.404. permits may be issued in the A-40 district for (2) Area, width and depth. No building or the uses listed in subsections (12) through (17) other structure permitted in the A-80 district of Section 84-80.404. shall be erected or placed on a lot smaller than (2) Area. No building or other structure per- eight acres in area, but there are no lot width,or mitted in the-A40 district shall be erected or depth requirements. (Ord. 79-108). placed on a lot smaller than forty acres in area. (Ord. 79-108). Division 86 Chapter 84-84 AIRPORTS* A-80 EXCLUSIVE AGRICULTURAL DISTRfCT Chapters: 86-2 Precise Airport Plan Article 84-84.2 General 86-4 Airport Zoning Sections: .84-84.202 General provisions. 84-84.204 Purpose. Article 84-84.4 Reference to A-20 District Sections- Chapter 86-2 84-84.402 Conform to A-20 district. 84-84.404 Differences from A-20 district. PRECISE AIRPORT PLAN Article 84-84.2 Sections: General 86-2.002 Short title. 86-2.004 Purpose. 84-84.202 General provisions. All land with- 86-2.006 Adoption. in an A-80 exclusive agricultural district may be 86-2.008 Location of airports. used for any of the following uses. under the regulations in this chapter. (Ord. 79-108). *For the statutory Provisions regarding the airport �jpproajjcj zoning law.see Gov.C.§ 50485 (f.For the statutory provisions regarding design of' and right of flight in airport approach 84-84.204 Purpose. The purpose of this zones. see Pub. U.C. § 21463. For the statutory requtrement chapter's regulations is to provide and protect that county zoninL Ordinances contain provisions for airports. areas for agricultural uses by preventing tile $cc Gov.C.§§ 26027 and 26028. For provisions reellrding Buchanan Field. see Ch. 1106-2. '1111 code. 372-3 (Contra Costa County '-Sof 5:. Q t:::. a �d �• $� r AWA- /r JI.II• b� w a= { ti 0 w •. Fb ,..= Ln 'mow rn .: f.,,. _ Ln (N 370 Cn is 30 _ 36 31 t09 _} tb \={J1LW -{ p QD CD xl r"i ce \ r 2� f t v CAP a co } %Ab , 06 105 41 p c ` v a "Y 3 6 — - - -- - -- X0 (".400' s h « ' l ./"•} �:,. � .:'�.- �` +: is ��.\ I�•�• iii _ - r \ `- a `hl v�(�-----1 � \ '��\; •�.4�`, �� :�• �`) \ Jco J469s'��1 /�` .�\S lAci� \0 •/~ -ice Q o, 40 N --" 1 —�= -- �— 4 4185 9,7 ol �• >j 4184 AA f 47'30„ 1120 rT LAD rt+ 90 � p Q! e aeKIUNA R D T L . BOARD OF DIRECTO'. Janes H.Daxi.�,Pfa4e, April 28 2992 JoceyeCombs.Ila Ff ' Tea Raaka.haaor Hanan WE& Ms. Debbie Drennan JWICI*j Contra costa County C&mljVAJns Community Development Department Pit GIA 651 Pine street Martinez; CA 94553 Re: Penna property Dear Ms, Drennan, I am enclosing copies, of the plat and legal descriptions of the parcels which this District has obtained an option to purchase. I believe that the District is exempt from the requirements of the Subdivision Map Act (Government Code §66428(a) 2) . Therefore I an requesting information regarding the process I should follow to obtain your approval prior to the District's acceptance of the Penna's conveyance. The District will acquire fee title to Area "Bu (approximately 1.18 acres) and a scenic easement over approximately 5.35 acres of the .remaining lands of Penna. Please feel free to call me if you need any additional information. Sincerely, X - Glenn R. Pridham Title coordinator enc. 2950 Peralta Oaks Cour•F.O.Boz 5381.Oakland CA 945035 5359 510.635.0135•FAx 510.569.4319 Z 0 4 EAST 8AY .FG610NAL PARK DISTRICT (6WS OR 230 z N 880g3'43"W ,3036.!6 ° POINT OF BIE6101JI tD A"A`W' �N m APO $80095bp'E a Z � 6�•�. S6g _ r z Ods 00 , ti W o � g (4313 OR 618) O �a N 8 ��ex z N 7I°5-1'119"E -173.07' c, °� Zul£C� J+. SC.EN I G • 537053'CC"% 185.00' N- $� 57°53'Oe7"� 220.00 IL --� AAZA S U.5.A (MO 0R 370 "All M600261.31,06 4 4.93 `�h' FARR LO N 37°53'00"W 149,31 (8002 OF, 7(3) �x �d PowT of BEGiwa tUG �tiOAb `�"� 56EM c EASCMENT 100 10 \+ PONT OF 6EGINWNG It X AREA °A'' VICINITY MAP �v - - PLATD t': DeBolt Civil Engineering -ID-1 s6s401 South Bartz Avenue 1 }(00Q LOA)> AA WSTA COUNTY, CALIFC"IA Danvwt,cAlifornla 94S26 By:JED 415/637-3780 job OO. d t^itt00 : T T z '9Z � G -------------------------------------------- - --- - - �y � 1 A•80 f: v ... . ,�►. .x A•4 A-2 ✓ A•4 A-2 A-4 A-4 z,, �- A 2 8 f �asT. SEE W-1"lm � u+tNun•rca .nonwC —,nay..o.r..n April 10, 1992 Job No. 79182 AREA "A:' TO BE RETAINED BY PENNA CONTRA COSTA COUNTY, CALIFORNIA LEGAL DESCRIPTION All that certain real property situate in the County of 'Contra Costa, State of California, described as follows: Portion of Parcel "A" as said Parcel is shown on that certain Map recorded March 28. 1985, in Book 115 of Parcel Maps at Page 14, Contra Costa County records, further described as follows: BEGINNING at the most northerly comer of Parcel "B" as said Parcel "B", is shown on said Map (115 PM 14); thence from said Point of Beginning along the perimeter of said Parcel "X the following thirteen courses: 1.) South 35"30'16" West, 1,115.73 feet; 2.) North 49130'00" West, 94.50 feet-, 3.) along a tangent curve to the left having a radius of 150,00 feet, through a central angle of 26'00'00", for an are length of 68.07 feet: 4.) North 751130'00" West, 346.00 feet-, 5.) along a tangent curve to the left having a radius of 100.00 feet, through a central angle of,23014'2 1", for an arc length of 40.56 feet: 6.) North 36'14'20" West, 156.28 feet: 7.) North 52007'00" East, 120.46 feet; 8.) South 37053'00" East, 122.93 feet; 9.) North 6002831" East. 464.93 feet; 10.) North 7153'00" West. 220.00 feet; 11.) North 37153'00" West, 185.00 feet; 12.) North 71154'49" East, 473.07 feet; and 13.) North. 15150'00" East, 700.00 feet-, thence leaving said perimeter South 73"10'00" East,, 150.00 feet, more or less, to a point that lies East 50.00 feet from an existing well; thence South .28143'43" East, 850.00 feet to the southerly line of said Parcel "A"; thence along said southerly line North 88043'43" West. 400.00 feet to the Point of Beginning. LAND ACQ. DEPT_ APR15 1992 ----------------- -------------------- - April 10, 1992 Job No. 79182 AREA"B"TO BE ACQUMED BY E.B.PP.D. CONTRA COSTA COUNTY, CALIFORN1A LEGAL DESCRIPTION All that certain real property situate in the County of Contra Costa, State of California, described as follows: Portion of Parcel "X as said Parcel "X is shown on that certain Map recorded March 28, 1985, in Book 115 of Parcel Maps at Page 14, Contra Costa County records, further described as follows: BEGINNING at the northeast comer of said Parcel "A"; thence from said Point of Beginning along the easterly line of said Parcel "A" South 1*53'01" West, 1,842.22 feet-, thence continuing on said easterly line South 0017'47" East. 708.00 feet: thence along the southerly line of said Parcel "A" North 86043'43" West. 1,083.61 feet: thence leaving said southerly line North 2804343" West. 850.00 feet, more or less, to a point that lies Fast, 50.00 feet from an existing well; thence North 73010'00" West, 150-00 feet to the perimeter of said Parcel "A"; thence along said perimeter the following five courses: 1.) North 16"50'00" East, 600.00 feet; 2,) North 69040'00" West, 1,000-00 feet; 3.) North 80145'00" West, 600.00 feet: 4.) North 1009'19" East, 780.00 feet-, and 5.) South 8804343" East, 3,036.16 feet to the Point of Beginning. April 10, 1992 Job No, 79182 SCENIC EASEMENT PORTION OF AREA TO BE RETAINED BY PENNA TO BE DESIGNATED AS A SCENIC EASEMENT CONTRA COSTA COUNTY. CALIFORNIA LEGAL DESCRIPTION All that certain real property situate in. the County of Contra Costa, State of California. described as folic-, Portion of--Parcel "A.. as said parcel is shown on that certain map recorded March 28, 1985 in Book 115 of Parcel Maps at Page 14. Contra Costa County Records, further described as follows: BEGINNING at a point on the southerly line of said Parcel "A". said Point of Beginning lying along said southerly line South 88'4343" East, 100.00 feet from the most northerly comer of said Parcel "B" as said Parcel "B" is shown on said map (115 PM 14); thence from said Point of Beginning North 34"24'42" West, 600.00 feet to the westerly line of said Parcel "X; thence along said westerly line North 16150'00" East, 300.00 feet; thence leaving said westerly line South 731110'00" East, 150.00 feet, more or less, to a point that lies East 50.00 feet from an existing well; thence South 28043'43" East, 850.00 feet to the said southerly line-, thence along said southerly line North 88'43'43" West, 300.00 feet to the Point of Beginning. - - ---------- - AV REGI` x -I,PARK DISTRICT:"" BOARD OF DIRECTORS LJames H.Duncan,President May 4, 1992 Jocelyn Combs,Vice President Ted Radke,Treasurer Oliver Holmes.Secretary Harlan Kessel John O'Donnell Carroll Williams Pat O'Brien General Manager Debbie Drennan CONTRA COSTA COUNTY 651 Pine Street Martinez, CA 94553 LAS TRAMPAS REGIONAL WILDERNESS AREA . County Application for General Plan Amendment Penna Property: County File No. 2972-RZ Dear Ms. Drennan: This letter is regarding the Penna property on Las Traimpas Ridge. The owner of this property* has recently applied to the county for rezoning, a portion of which is within the Town of Danville"s Sphere of Influence and the remainder is within the sphere of the City of San Ramon. This is to inform you that East Bay Regional Park District has obtained an option on this property over approximately 115 acres, as shown as ."Area 1B111 on the map attached. By granting this option, the owner has met the concerns of this District and we will have no further comments to make. Please call me if you have any questions, at 635-0135, ext. 2607 . LRes gct ,u ly, Lloyd Lloyd- agstaf f Land Acquisition Manag er cc: Kevin Gailey, Town of Danville Phil Wong, City of San Ramon 2950 Peralta Oaks Court-P.O.Box 5381 -Oakland CA 94605 5369.510.635.0135-FAX 510.569.4319 EA-5T BA'( FG610NAL PARK DISTRICT (GW9 OR 230) & N 88043'x3 'W 3036.16 POINT OF BEGIOPIU. 0 ARBA"B" M A9.ZA -0 II 58004540,,............ r) Z 600-00, ' - � o � .00nn.8.assOctaT�s $ m, CD (4313 OR 618) 573,010,00"E 50,00' z Z N7054'49"E173.o REX, o EASEMCArr -Zi 5.37053'00"E 186-00' tp 57053'00"E 220.00' U.5.A (7(00 OR 370 ,.A., ,�� w . Awa 5 8601q3"43"E x{60°28'31"E 44.93.93FARR N 37053'00W � ' (8002 OR 7(3) Poi T DF 1BEGimNING NO h 5C.CffiC. EASEMENT- POWT OF 9EGINWMG AREA "A" \#. '+V., , 400 'f ��' o `� VICINITY MAP 0� '4 "3 0<-,:'�' Qp 19 0 0 Date: 9LAT DeBolt Civil Engineering 4-l0-`i2. 5 le 4o1 South Hartz Avenue ( =600 -rPLA co-s'rA GO GAL! Danville,California 94526 By:JED Cota 415/837-3780 lob �L � California alifornia Environmenw~ Quality Act NOTICE OF Completion ofEnvironmental Impact Report Negative Declaration of Environmental Significance CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street North Wing - 4th Floor - Martinez, California 94553-0095 Telephon (510) 646-2031 Contact Person Debbie Drennan Project Description and Location: DeBOLT CIVIL ENGINEERING (Applicant) 'JOHN PENNA (Ovvner)' County File #2972'RZ: The applicant requests approval turezone 137.4acres from A-8OtnA'2/A'4O. Subject property is a descriptive parcel fronting approximately 550 feet on the north side of Bollinger Estates Court at the intersection of Bollinger Canyon Road and Bollinger Estat83 Courtjn the Danville area. Subject property address is #305 Bollinger Estates Court. (A'80) (ZA: T-15) (CT 3452'01) (Parcel #189,370'002''012.'015''D16) THIS IS A NOTICE OF STAFF'S_OETERW1|NAJ|ON OF THE ENVIRONMENTAL IMPACT DFTHE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT |FYOU WISH. The Environmental Impact Report or justification for Negative Declaration is available tor review at the 8ddn8S3 below: Contra Costa County Community Development Department 4th F)oor, North Wing, Administration Building 651 Pine Street K48rt}nez, CA Review Period for Environmental Impact Report or Negative Declaration: t h r u —46 -,,-7 AP R 12/89 � a/'/�~�' - -~�------- ' Community Development O8partr��nt Representative AGENDA DATE � ` I �'� �' ITEM NO$ BACKGROUND NOT AVAILABLE AT THE TIME AGENDA PACKET COMPILED INFORMATION FOR THIS ITEM PREVIOUSLY FURNISHED ORAL REPORT TO BE GIVEN AT BOARD MEETING ERROR IN NUMBERING AGENDA ITEM DELETED DOCUMENTS ON FILE WITH CLERK -� --c( 2. s L5!1\_l1JiJLQ �� MITIGATION MONITORING AND GENERAL PLAN REVIEW PROGRAM FOR CONTRA COSTA COUNTY January 29, 1991 I. INTRODUCTION CEQA requires all agencies making EIR findings to "adopt a reporting or monitoring program for the changes to the -Project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. " The program must be "designed to ensure compliance during project implementation. " CEQA §21081. 6 . This mitigation monitoring and reporting program (the "MMRP" ) , which is designed to satisfy the mitigation monitoring and reporting requirements of CEQA, is hereby adopted by the Board of Supervisors of Contra Costa County (the "Board" ) in connection with its findings relating to its January 29, 1991 adoption of the Contra Costa County General Plan (the "General Plan" ) and certification of the EIR prepared with respect thereto (the "EIR" ) . II. STRUCTURE OF THE MMRP This MMRP is different from any MMRP of which the County is aware that has been adopted by a city or county in connection with a general plan EIR. Many such MMRPs take the form of a checklist that (a) lists each mitigation measure, (b) appoints a person or department responsible for implementing each mitigation measure and (c) states a deadline by which each measure must be "implemented. " While such "Checklist MMRPs" have the advantage of being brief and easy to read, they often fail to include procedures to encourage or guide implementation or to evaluate the overall success of the program. Accordingly, they often fail to achieve the goals of CEQA's mitigation monitoring and reporting requirements . By contrast, this MMRP is designed to (a) allocate monitoring and implementing responsibilities to various departments and employees of the County ( "Responsible Parties " ) , (b) establish a procedure for the development of programs, and imposition of conditions of approval on future projects , by such Responsible Parties to ensure implementation of mitigation measures incorporated into the General Plan or otherwise imposed by the Board pursuant to the EIR's recommendations (the "Mitigation Measures" ) and (c) provide a procedure by which the performance of -1- Responsible Parties will be evaluated by the County on an annual basis .. Such an approach requires more than a checklist. The reader should note that this MMRP has also been designed to satisfy the general plan annual review requirements. established under the Government Code, annual and other reviews required by the General Plan's Growth Management Element and an annual review of the Urban Limit Line. Briefly stated, the structure of the MMRP is as follows: 1. Program Development -- The MMRP requires the County Department of Community Development (the "DCD" ) to appoint a Responsible Party with respect to each Mitigation Measure. With respect to certain of those measures , the appointed Responsible Party is required to develop and administer a program (to be reviewed by the DCD and approved by the Board) to implement such measures . 2 . Project-Specific Implementation -- With respect to certain other Mitigation Measures, Responsible Parties having authority to comment on or issue permits or approvals are required to recommend or impose conditions of approval on such permits and approvals to the extent appropriate to further the Mitigation Measures . 3 . Development of New Local Laws -- Many Mitigation Measures require the adoption of new ordinances and resolutions to effectuate goals, policies or implementation measures contained in the General Plan. The MMRP establishes a procedure designed to identify what types of new local laws are necessary and provide a procedure for their development, adoption and implementation. 4 . Annual Review -- The heart of the MMRP is its establishment of an annual review of the performance of Responsible Parties in developing programs to implement Mitigation Measures and imposing conditions of approval on permits and approvals. The annual review will also include the following elements: a. the General Plan status review required by Cal. Gov't Code §65400 et sec . ; b. certain reports and reviews required to be conducted under the General Plan's Growth Management Element (some of which reports and reviews will be prepared only once every five years) ; and -2- C . a review of the Urban Limit Line and consideration of requests for changes thereto. A more detailed description of the MMRP is contained in the following section. III. PROGRAM PROCEDURES A. Preliminary Procedures The three ongoing and most significant components of the MMRP consist of (a) the annual review, (b) the imposition of general plan mitigation measures at the project-development stage and (c) the development and operation of other programs necessary to implement the Mitigation Measures . The proper functioning of each of these components will require the participation of many departments and employees of the County, particularly the Department of Community Development ( "DCD" ) . More specifically, because the Mitigation Measures will affect matters within the jurisdiction or expertise of various County departments or employees, each of those departments or employees should participate in designing or operating programs to implement those Mitigation Measures ( "Program Development" ) , requiring the imposition of project conditions of approval relating to such areas as appropriate to implement general plan mitigation measures ( "Project-Specific Implementation" ) and monitoring and reporting on the implementation of mitigation measures through Program Development and Project-Specific Implementation ( "Reporting" ) . As the County adopts additional ordinances and resolutions proposed by County Counsel to further implement the Mitigation Measures, those ordinances and resolutions may to some extent also require the participation of various departments and employees of the County through their Program Development, Project-Specific Implementation or Reporting functions . Accordingly, the first step in implementing the MMRP is to allocate responsibilities to such departments. and individuals to be carried out during the operation of the MMRP as more fully described below. The responsibility to allocate such responsibilities is hereby assigned to the DCD, which is referred to below as the "Coordinating Party. " The Coordinating Party shall carry out this responsibility as follows : -3- After the adoption of the General Plan and in consultation with affected County departments and employees, the Coordinating Party will compile a comprehensive list (the "MMRP Task List" ) of Mitigation Measures that describes, with respect to each such measure, (a) the manner in which such measure shall be implemented (i.e. , through Program Development, Project-Specific Implementation and/or Reporting; although every mitigation measure will be implemented in part through Reporting) and (b) with respect to each such measure, which County department or employee (which may include the DCD in many instances) shall be responsible for the implementation of such measure (the "Responsible Party" ) . In some instances one department or employee may have responsibility for the Project-Specific Implementation of a measure while another has responsibility for Program Development. Moreover, more than one department or employee may be made a Responsible Party with respect to the Project-Specific Implementation of any given measure. The MMRP Task List shall also include a description of those Mitigation Measures which may require implementation through the adoption of ordinances or resolutions to be prepared by County Counsel as described below. The MMRP Task List shall be delivered by the Coordinating Party to the Board of Supervisors (the "Board" ) within forty-five (45) days after adoption of the General Plan. The Board shall approve such list (subject to any changes requested by the Board) within a reasonable period thereafter and deliver a copy of the approved list to the Coordinating Party and each Responsible Party. The MMRP Task List, which may be amended at any time upon approval of the Board, shall upon approval become a part of this MMRP. B. Program Development Within sixty ( 60) days following the Board's approval of the MMRP Task List (or such later date as may be approved by the Coordinating Party in its discretion) , each Responsible Party shall deliver to the Coordinating Party a plan (an "Action Plan" ) developed by the Responsible Party that describes how the Responsible Party intends to implement those Mitigation Measures assigned to it which, as described in the MMRP Task List, require implementation through Program Development. More specifically, each Action Plan shall (a) generally describe a program or programs to be developed and operated by the Responsible Party (which operation may require the cooperation and assistance of other County departments or employees) to implement the appropriate -4- Mitigation Measures, (b) establish rough deadlines for the development, operation or completion, as appropriate, of each such program and (c) be designed to ensure implementation of the relevant Mitigation Measures in a manner consistent with the goals and policies of the General Plan. The Action Plan developed by each Responsible Party shall also include a Mitigation Checklist developed by the Responsible Party pursuant to Section C below if such Responsible Party is responsible (as described in the MMRP Task List) for the Project-Specific Implementation of any Mitigation Measures . The Coordinating Party shall ensure, through its development of the MMRP Task List and review of the Action Plans submitted by the Responsible Parties, that the following programs are among the programs to be developed and administered by one or more Responsible Parties: (i) a program for monitoring and commenting on state and other legislation by the County to implement those Mitigation Measures requiring the County to so participate in the legislative process; (ii) programs to establish cooperative activities between the County and cities within the County and other local or regional agencies to the extent the Mitigation Measures require that such cooperative ventures be undertaken by the County or that the County attempt to influence the policies or actions of other local or regional agencies; and (iii) a program for the study and possible implementation of additional agricultural protection measures as required or suggested by the General Plan or the Mitigation Measures . The Coordinating 'Party shall, within a reasonable period after receipt of all Action Plans, compile all Action Plans and (in consultation with the affected Responsible Parties and, as more fully set forth below, County Counsel) make any modifications necessary to ensure that the combined Action Plans comprise a practical, efficient, reasonable and effective plan for the implementation of Mitigation Measures through Program Development and Project-Specific Mitigation. Within thirty (30) days following the completion of compilation and modification of the Action Plans, the Coordinating Party shall forward the combined Action Plans to the Board for approval. Upon approval by the Board ( subject to any changes requested by the Board) , the -5- combined Action Plans shall automatically become a part of this MMRP and the Responsible Parties shall thereafter be responsible for implementing their respective Action Plans (including Program Development and Project-Specific Implementation) and monitoring and reporting on the success of such implementation as set forth below. C. Project-Specific Implementation Each Responsible Party, where the MMRP Task List indicates that such party is responsible for the Project- Specific Implementation of one or more Mitigation Measures, shall develop and include in its Action Plan a checklist- (a "Mitigation Checklist" ) for analyzing the conformity of each activity with respect to which such Responsible Party has commenting or permitting authority over such Mitigation Measures . Upon approval of the Responsible .Party's Action Plan by the Board, the Responsible Party shall, in commenting on or considering permits or approvals, recommend or impose such conditions of approval as such Responsible Party may deem appropriate to implement the Mitigation Measures described in that Responsible Party's Mitigation Checklist. In commenting and acting on permits and approvals, the Responsible Party shall (a) recommend or impose only those conditions of approval that are reasonable and do not conflict with legal or constitutional limitations or exceed such Responsible Party's authority to act and (b) recognize that the achievement of overall General Plan goals and policies may not require that every action taken or project approved further that goal or policy so long as overall progress is made. D. Annual Review The County shall conduct an annual review of the General Plan. As set forth more fully below, the scope of this annual review shall include: (i) the status of implementation of the Mitigation measumes, as required by CEQA §21081. 6; (ii) the status of implementation of the General Plan generally as required by Cal. Gov't Code §65400 et seg. ; -6- (iii) the Land Supply and Development Monitoring Report required by the General Plan's Growth Management Element; (iv) as a part of every fifth annual review, a Performance Standards Evaluation and Infrastructure Constraints Analysis, a Jobs/Housing Performance Evaluation and Growth Management Determinations, all as required by the Growth Management Element; and (v) an evaluation of possible changes to the Urban Limit Line (whether initiated by the County or proposed by project applicants) based on the criteria and factors used for establishing the original configuration of the Urban Limit Line in light of new information or changes circumstances . The first Annual Review shall be presented to the Board at a special meeting to occur during the month of June of each year beginning in 1991, as more fully described below. 1 . Annual Review of Mitigation Status On or before April 30 of each year, beginning in 1992 and continuing throughout the life of the General Plan, each Responsible Party shall .submit a report to the Coordinating Party (with a copy to County Counsel) outlining how the Mitigation Measures for which it is responsible have been implemented over the prior year. This report shall include a description of progress made in developing or implementing any program described in the Responsible Party's Action Plan (including an evaluation of whether applicable deadlines are being met) and in the Project- Specific Implementation of that party's Mitigation Checklist. The Coordinating Party shall review the reports, and any additional information it may deem appropriate, and prepare a report to be submitted to the Board at the annual review (a) generally summarizing the status of implementation of the Mitigation Measures, (b) identifying any problem areas, and (c) recommending possible actions that may be taken by the Board to correct such problem areas . 2 . Annual General Plan Review The First annual General Plan review, required by Cal . Gov't Code §65400 et seq. , shall be submitted to the Board during June 1991. -7- 3 . Land Supply and Development Monitoring The first Land Supply and Development Monitoring Report required by the Growth Management Element shall be submitted to the Board in June 1991 and every year thereafter during the term of the General Plan. To the extent permitted by Measure C ( 1988) , the Board may include in this annual review a fiscal evaluation of the performance standards contained in the Growth Management Element. 4 . Growth Management Five-Year Review The first 5-year report required by the Growth Management Element (i.e. , a Performance Standards Evaluation and Infrastructure Constraints Analysis, a Jobs/Housing Performance Evaluation and Growth Management Determinations) shall be submitted to the Board in June 1995 . 5. Urban Limit Line Review As described above, the Annual Review shall generally include an evaluation of possible changes to the Urban Limit Line initiated by the County or proposed by project applicants . This evaluation, to be conducted by the DCD and submitted to the Board, shall include the following: (i) with respect to each proposed change, an evaluation of whether such change would comply with the c I riteria and factors used for establishing the original configuration of the Urban Limit Line and described in Section B( 3) of Measure C ( 1990) ; (ii) with respect to proposed changes that are found not to comply with the criteria described in Section B(3) of Measure C ( 1990) , an evaluation of whether such changes are warranted under any of the criteria set forth in Sections B(7) (other than Section B(7 ) (e) ) of Measure C ( 1990) ; (iii) with respect to those proposed changes that do comply with the criteria described in (i) or (ii) above, a description of alternative combinations of proposed changes to the Urban Limit Line that might be approved by the Board in compliance with the 65/35 Standard; (iv) DCD's recommendations for changes to the Urban Limit Line. The Board shall review the recommendations of staff and approve or deny any proposed changes to the Urban Limit Line. The first annual review of the Urban Limit Line shall not occur until 150 to 200 days following adoption of the General Plan. However, the following annual reviews of the Urban Limit Line shall take place during June 1992 and every year thereafter during the life of the General Plan. Moreover, every fifth annual review of the Urban Limit Line (beginning in 1995) shall include an evaluation, based on information being submitted in connection with the 5-year growth management review, of whether comprehensive changes to the Urban Limit Line are warranted or necessary under the criterion described in Section B( 7 ) (e) of Measure C ( 1990) . E. Changes in Local Ordinances and Designations 1 . List of Changes Within sixty (60) days after approval of the MMRP Task List, County Counsel shall prepare a list of ordinances and resolutions it deems necessary or appropriate to implement those Mitigation Measures described by the MMRP Task List as requiring implementation through such ordinances or resolutions . Such list shall be submitted to the Coordinating Party by the date Responsible Agencies are required to submit their Action Plans to the Coordinating Party. Coordinating Party and County Counsel shall, upon review of the Coordinating Party's compilation of the Action Plans, (a) make any additions or revisions to the list prepared by County Counsel which they deem necessary or appropriate to implement the Mitigation Measures (including any additions or modifications that may be necessary to effectuate any of the Action Plans) and (b) establish a rough timeline for the preparation and consideration of such ordinances and resolutions . The finalized list and timeline shall be submitted to the Board for approval together with the combined Action Plans . County Counsel shall be responsible for preparing ordinances and resolutions requested by the Board pursuant to the foregoing. To the extent that any ordinances or resolutions so prepared by County Counsel and adopted by the Board require implementation by a Responsible Party, such Responsible Party's Action Plan shall be amended in -9- connection with the adoption of such Ordinance or Resolution to ensure the implementation thereof. IV. OTHER PROVISIONS A. Fee Report and Program Within ninety (90) days after adoption of the General Plan, the County Administrator shall submit to the Board a written evaluation of the projected cost to the County of administering this MMRP, together with a proposal of methods by which such costs may be recovered. Prior to submission of such proposal to the Board, County Counsel shall be provided a reasonable opportunity to review and comment on such proposal. The Board shall take any such action or adopt any such program which it deems necessary or appropriate, to the extent permitted by law, to defray or recover the projected costs of administering this MMRP. Such action or program may include the establishment of development-related or other fees to be collected from project applicants . B. Amendments This MMRP may be amended at any time by the Board in any manner consistent with the requirements of CEQA §21081 . 6 . -10- se ContrE TO: BOARD OF SUPERVISORS ;. Costa n; FROM: HARVEY E. BRAGDON y.,"\",t,-� Court DIRECTOR OF COMMUNITY DEVELOPMENT fT,y C0114'CY Gf DATE: June 3, 1992 SUBJECT: Hearing on Rezoning Request by John Penna (2972-RZ) to Rezone 137.4 Acres Located at 305 Bollinger Estates Court from A-80 (Exclusive Agriculture) to A-40/A-2 (Exclusive Agriculture/General Agricultural), in the San Ramon Area SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate and complete. 2. Approve the rezoning as recommended by the San Ramon Valley Regional Planing Commission. ' 3. Adopt the Planning Commission's findings as set forth in its Resolution No. 35-1992 as the determinations for this decision. 4. Introduce the ordinance giving effect to the aforesaid rezoning 2972-RZ, waive reading and set date for adoption of same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Following recommendation by the Planning Commission on the subject application, an option between East Bay Regional Park District and the applicant was exercised to purchase the upper 126 acres of the subject property, which is zoned A-30. The scenic easement proposed by the District is not consistent with the rezoning boundary. CONTINUED ON ATTACHMENT: X YES SIGNATURE� �I,� _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE Y OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF rttN T Drennan SUPERVISORS ON THE DATE SHOWN. Dx1 �Cbmmunbity Development 2Department ATTESTED cc: Public Works PHIL BATCHELOR, CLERK OF DeBolt Civil Engineering THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY c 2. The issue was brought back to the Commission on June 10, 1992 for a minor modification as allowed under Government Code 65857. The limit of the A-2 rezoning was extended to the "proposed subdivision line" as indicated on Exhibit A. The total area rezoned to A-2 will be 19 acres. Additionally, a scenic easement will be placed on .the upper portion of the A-2 rezoning adjacent to the EBRPD scenic easement. DD/aa ' BDV/Penna.DD RESOLUTION NO. 35 -1992 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY DeBOLT CIVIL ENGINEERING (APPLICANT) AND JOHN PENNA (OWNER) , (2972-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE SAN RAMON AREA OF SAID COUNTY. WHEREAS, a request by DeBolt Civil Engineering (Applicant) and John Penna (Owner) (2972-RZ) to rezone land in the San Ramon area from A-80 to A-2/A-40, was received on September 27 , 1991; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse environmental impacts;. and ° WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, March 18, 1992 , and continued to May 6, 1992, whereat all persons interested might appear and be heard; and WHEREAS, on Wednesday, May 6, 1992 , the San Ramon Valley Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that San Ramon Valley Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of DeBolt Civil Engineering (Applicant) and John Penna (Owner) (2972-RZ) be approved for 19 acres for change from A-80 to A-2 , and that this zoning change be made as indicated ' on the findings map entitled: Page T-15 of the County's, 1978 Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: 1. The project as formulated complies with the requirements of the County General Plan. Page Two RESOLUTION NO. 35-1992 2 . The project as proposed complies with the A-2 ordinance and the A-2 properties within the vicinity of the site are substantial and reflect a pattern of A-2 zoned property in the general area. BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional Planning Commission shall respectively sign and attest the certified copy of .this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the San Ramon Valley Regional Planning Commission to prepare this resolution were given by motion of the San Ramon Valley Regional Planning Commission on Wednesday, May 6, 1992 , by the following vote: AYES: Commissioners - Cameron, Moore, Auch, Jones, Kaye, Naidorf NOES: Commissioners = Helmreich ABSENT: Commissioners - None ABSTAIN: Commissioners - None I, Victoria Naidorf, Chair of the San Ramon Valley Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Wednesday, June 10, 1992 , and this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Cameron, Moore, Auch, Jones , Kaye NOES: Commissioners - None ABSENT: Commissioners - Helmreich, Naidorf ABSTAIN: Commissioners - None i Page Three RESOLUTION NO. 35-1992 V CTORIA NAIDORF C air of .the San Ramon Valley Regional Planning Commission, County of Contra Costa, State of California ATTEST: Secretary f. the San Ramon Valley Regional Planning Commission, County of Contra Costa, State of California DD/df 2972-RZ.RES Findings Map + + VV � A-20 C- M yp CM �y0 Z A-4 A-80 A-4 a 2 Rezone From SO To A-CEO l>A��it Area I, U t�rocz�pine,{ Chair of the San Ramon Valley Planning Commission, Contra Costa County, State of California, do hereby certify that this a true and correct-copy of ~�- indicating thereon the decision of the San Ramon Valley Regional Planning Commission in the matter of hair of the'S4n' A-Valley Regio-al Planning Commission, State of California ATTEST: Sect toy f An Ramon Valley Regional Plan Commi Sion, State of California EXIST BA( RG610NAL PARK DISTRICT' (6009 CR e3o) z o POW-' OF 1366tNNt � rn A&C �a h 70 r) •` V 1 •Oa o (4313 0R 61 Q' 573' 'oo"t= tSo.00a l.� cr arm o N71054'49"E 473.0T' ' :► Q `" 537°53/OQ"� IV:J.VQ, ��ti � �S ��•... 57"53'00*E 220.00 ° ,� r, -c A AR.sA S 88 43 43 E !'1'8�,6(' 3 USA {7124 41z 3?D N6o°E8`31"E � 4 3 � `�' � FARR M'3T°53'04"W [ .9.3' (8002 OK 7(3) .mob 0 \IPOWT OF 8EGiwm1NG a`0 h sc6N►c ER5Enn�rJr POINT of 66GIN&)IMG ,� �,• AREA 4A" VICINITY MAP tz -19 cr P LAT DeBolt Civil Engineering -42 Sca,v 381 South Nam Avenue I =b1�oa BY: DaRYill•,CalitOttiii 4i32� �CO (,ptjTJ .f} C,DS'f7q u�uOJTY, GAI~�FaR�V to 11s f 837-37$0 1°b, !'3� 3 VI. DISCUSSION OF A-80 REZONING Review of the surrounding area indicates the subject property is border by A-80 to the north and east, Controlled Manufacturing to the east, Town of Danville to the west, and A-4 to the south. The subject property proposed for A-80 rezoning is steep and comments from East Bay Regional Park District indicate numerous landslides exist on- site. The Assessor's Parcel Map indicates a ridgeline separates 199-370-002 and - 015. The subject property abuts East Bay Regional Park District lands. Section 84-84.204 of the A-80 ordinance details the purpose of the zoning district: The purpose of this chapter's regulations is to provide and protect•areas of agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon. Section 26-2.1806 of the County Ordinance Code gives three findings the planning agency shall make prior to approving a rezoning: A. The change proposed will substantially comply with the General Plan. The applicant's proposal to rezone to A-40 is consistent with the General Plan Agricultural Lands designation. B. The uses as authorized or proposed in the land district are compatible within the district and to uses authorized within the district and to uses authorized in adjacent districts. The A-40 zoning-district, like the A-80 zoning district is one of the most restrictive agricultural district in the County Ordinance Code. A use that would be allowed in the adjacent A-4 zoning district potentially would be allowed in the A-40 or A-80. However, the uses allowed on the East Bay Regional Park District land (General Plan designation Parks and Recreation) to the north are substantially different than the Agricultural Lands designation. The Parks and Recreation designation does not allow for construction of a single family residence and subdivision of land and is designated for use as recreational facilities. The Agricultural Lands designation allows for division of land when all applicable criteria is met along with construction of a single family residence and possibly a second residence. Hilly,portions of the County designated agricultural lands are used •predominately for grazing livestock and dry grain farming. Staff would find rezoning the subject property to A-40, allowing for the possible division of land is incompatible with Park District's property to the north. 4 C. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial need. No community need has been demonstrated for the project. A letter of opposition was received by the East Bay Regional Park District. VII. DISCUSSION OF A-2 REZONING Parcel 199-370-016 (portion of the 137.4 acres, approximately 11 acres) is currently zoned A-80 and is border on east and west by A-2, to the south by A-4 and to the north by A-80. The applicant is requesting to rezone to an A-2 designation. The portion of the property to be rezoned to A-2 would be more consistent with the adjacent parcels. The development potential of the subject property would be a land division for two parcels and other uses allowable under the A-2 zoning district. Staff finds rezoning 11 acres to A-2 is consistent with County Ordinance Code 26- 2.1806. VIII. NEW INFORMATION RECEIVED FROM EBRPD A letter received from EBRPD indicates the District has obtained an option to purchase the upper 1 18acres of the subject property, as indicated on the attached map, along with a 5.35 acre scenic easement. DD/a-\,N RZXV/2972-RZ.DD 2/27/92 4/28/92 Attachments - A-80 Zoning Ordinance - A-40 Zoning Ordinance - A-20 Zoning Ordinance - A-2 Zoning Ordinance - Section 26-2.1806 Ordinance - East Bay Regional Park District letter dated February 7, 1992 - Zoning Map - Landslide Map - East Bay Regional Park District Letter dated April 28,"1992 Agenda Item #1 Community Development . Contra Costa County ' SAN RAYNO0VALLEY REGIONAL PLANNING C[3[N[N|S8|ON i INTRODUCTION PENNA (Owner), County File #287Z' RZ; The applicant requests approval to rezone 137'4 acres from Ar80to4,2/Ar40' Subject property is descriptive parcel fronting approximately 550 feet on the north side of Bollinger Estates Court at the intersection of Bollinger Canyon Road and Bollinger Estates Court, in the Danville area. Subject property address is #305 . Bollinger Estates Court. (A-8O) <ZA: T-15> (CT3452.O1} (Parcel #199'37D-DO2,'0l2' -015, -016) - This item was continued from K4arob lB' 1992 to allow staff to further address ' environmental issues raised by the City of San Ramon and East Bay Regional Perk District. U' RECOMMENDATION Staff recommends approval 1Orezone 199-370-016 to A-2 from A'80 and denial to ' rezone 199-37[)-001' -012. and '015 from A'80toA'40. U[ BACKGROUND OF PREVIOUS APPROVAL The current zoning was established under application 2511'RZwhich rezoned 137.4 acres from Controlled Manufacturing (CM) to Agriculture (A'80) and 27 acres from Controlled Manufacturing (CM) to General Agricultural (A'2). The rezoning was m condition ofMinor Subdivision 53-81 which created a8.O9acre, 5.89 acre and 10'72 acre parcels and one 137.4acre parcel. The CK8zoning district does not allow for construction of residential uses without issuance of a land use perrnit, thus the rezoning. Under A-80 and A'2 one single family home can be constructed by o ministerial act (ie, a building permit). A second minor subdivision was applied for to divide the 137'4oCrasjntothree paroe|o, but subsequently was withdrawn. |\/. DISCUSSION OF FOUR SEPARATE PARtELS The parcel numbers msindicated on the Assessor's Parcel Map were assigned for tax purposes only. No minor subdivision was approved. In esmonce, the applicant is requesting asplit rezoning nf /\'2,and A'40. 2 The 1985 Assessor's Parcel Map designates -016 as 5.9 acres. In reality, the parcel is 10.75 acres as shown on the 1987 Assessor's Parcel Map, Attachment A, which also indicates the limits of the A-2 rezoning. Attachment B indicates the limits of applicant's proposal from A-80 to A-40 and A-2. V. DISCUSSION OF ENVIRONMENTAL ISSUES At the March 18, 1992 Planning Commission meeting, the Commission directed staff to review the environmental issues raised by East Bay Regional Park District (EBRPD), City of San Ramon and the surrounding neighbors in regards to availability of water, geological constraints and habitat of the Alameda Whipsnake. A. Availability of Water: The County Environmental Health Department has .indicated wells at properties 320 and 325 Bollinger Canyon Estates are not producing significant amounts of water and any project approved would be required to have water availability of 3 gallons per minute. The applicant has provided information indicating his well drilled on March 10, 1992 has a water availability of 15 gallons per minute for 4 hours. Staff would conclude, sufficient water is available. B. Geological Constraints: A response on the previous Negative Declaration from EBRPD indicates the property is subject to landslides. Staff would conclude if the 126.4 acres was approved for rezoning from A-80 to A-40, three homes could ultimately be developed, and two homes for the 11 acres being rezoned from A-80 to A-2. It is anticipated that 5 homes could be located on the 137 acre site outside any landslide areas. Prior to any subdivision of the property, the applicant would be required to prove that homesites and access are available and safely out of any landslide locations. C. Habitat for the Alameda Whipsnake: EBRPD's letter indicates the project area with southwesterly facing slope with mixture of grassland and brushland with multiple rock outcropping are the known habitat requirements for the Alameda Whipsnake. Staff would conclude the limited number of homes that could ultimately be constructed, three on the 126.4 acres and 2 on the 11 acres, and the substantial amount of acreage is available for a viable habitat, and a significant impact is not anticipated. IVI. U. D. Ni (A^-C0Dt-ARrA- -Ok 47P M. 33 & 34 y-31- 76 _ P M.'4115,161 P. 8 2 08 r= 0 1 6 sir • o.• • f s j! '� t' �s�D 11 �AL. �b�- • 1 — n'' i) lose ,s_ -- ••`. e . 6,09A6. 59A - " •• __�- C, `" � ✓, .. Fes• .E. /9 1072 C •` •j 4i•` y N�' Y: •\y / D •/ N C ASSM 00 ca1Na �M ash 4b\ �y , 4 ' n N � u •!a Ngft'g 1'1. ♦ ♦ ! to „ -�, t >•�" '� c:s +- � t,,,,..... jN U) IS 12 fh (L'�r,. 0£ tt� 'u�ic"lf urr- -- - ► - ._ N CL .o=t W Q ° ' i '.tiO1 t ♦csr• tI C 77 E A S T B A Y _ • BOARD OF DIRECTORS : ,dames H.Duncan,President DAa t(alar}Kessel,Vice Pusideal JoTytCombs,Treasurer KS ^'-. Oliver 1-161r4s h� John O'Donnell R`EGIONAL •� "� f ^ Ted Radke �;;,� ��arro6 Williams t'9t OBfielS3.. General AlMdyr February 7, 1992 Ms. Debbie Drennan Contra Costa County Community Development Department 651 Pine Street Martinez, CA 94553 Subject: John Penna Rezoning (CF2972-RZ) -- Las Trampas Regional Wilderness Dear Ms. Drennan: The East Bay Regional Park District has reviewed the Notice of Intent to adopt a Negative Declaration for the subject application. The application would permit six houses on 137 . 4 acres adjacent to the EBRPD's Las Trampas Regional Wilderness. The District's experience is that there is neither water or sewer service in the area. Surface water sources are rare and the local groundwater is being contaminated by solvents and sewage effluents from the local research company. The addition of six additional residences will greatly complicate the District's task of obtaining adequate water supply and sewage disposal to serve its existing facilities and to serve new facilities which may be planned in the future. The project area is one of complex geology and has been map-ranked as a 4 on a 6-point scale of landslide abundance (Radbruch, D.H. and C.M. Wentworth, 1971, "Estimated Relative Abundance of Landslides in the San Francisco Bay Region" San Francisco Bav Region Environment and Resources Planning Study, U.S. Geologic Survey) The rat,�irig of a.i1C :uCa1E is zhat u v lAnui.Ciii.es v..at' iliijaaGs4 frequency of landslides. The EBRPD is concerned that it may not be possible to place six residences on the subject property without having some of them jeopardized by landslides crossing our common property line. Terrain in the project area is a southwesterly facing slope with a mixture of grassland and brushland and multiple rock outcroppings. This is a perfect description of the known habitat requirements of the Alameda whipsnake (Masticophis lateralis enryxanthus) ; an animal which is protected as "threatened" under the California Endangered Species Act. There have been multiple sightings of this rare snake in the adjacent Las Trampas Regional Wilderness. , The District is concerned that development of six residences could adversely affect the viability of the Alameda whipsnake population in the area; including those sighted on its lands. East Bay Regional Park District \ 11500 Skyline Boulevard Oakland, CA 94619-2443 510-531-9300 FAX 510-531-3239 Ms. Debbie Drennan February 7, 1992 Page two The same terrain and vegetation is also subject to periodic wildfires. The presence of six residences would greatly complicate the task of fighting a wildland fire whether it originates in Las Trampas or on the site. Both residents and EBRPD firefighters might be placed in life-threatening positions attempting to save houses from a fire in the surrounding brushland. . The EBRPD's Master Plan includes a ridgetop trail from Las Trampas Regional Wilderness south to Pleasanton Ridge. This trail, because of topographic constraints, must cross the subject property. The development of six residences could substantially inhibit the District's ability to carry out this plan. In view of the potential significant adverse environmental impacts identified above. The EBRPD requests that the County prepare an EIR prior to considering the subject application. The contact person for this EIR is the undersigned who may be reached at 531- 9300, extension 2332 . Very truly your , T. H. Lindenmeyer Environmental Specialist THL:sm PLANNING AGENCY 26-2.1803-26-2.2003 26.2.1803 Rezoning — Renewed application application .form for a conditional use, variance I after denial. If any application for rezoning or special permit shall include, but is not limited I involving reclassifying certain land(s) from one to, the following: zoning district to another is not granted,no new (1) A plot plan drawn to scale indicating application therefor shall be made or accepted dimensions and area of the subject property; within one year after final action on the earlier ('_) Locations of existing and proposed application, unless: -- improvements on the subject property; (1) Less intensive land uses are allowable in (3) Names of adjoining property owners: the newly proposed zoning district than in the (4) Names of adjoining streets: earlier one.and (5) Locations of existing_improvements on (2) The planning director finds that the adjacent properties; circumstances have materially changed since the (6) A statement of how the request is con- earlier application was first filed. sistent with, and will further the goals and "Materially changed circumstances" means: objectives of the general plan including, but not (1) A change in zoning districts or land uses limited to, its community facilities element: ` on or near the land(s);and/or =: (2) A change in the land area for which (7) Where extreme grades exist,the direction reclassification is proposed;and/or of slope and other facts necessary to accurately (3) An amendment to the county general depict the request exception in relation to the plan which may affect the property. (Ord. 72-49 subject and adjacent properties. The planning 1, 1972: prior code§ 2203.11 a). department may adopt a farm which will be used for applications. (Ords. 85-56 §. 3, 1975: 26.2.1804 Rezoning —Notice requirements, prior code § 2203.12: Ord. 917). The planning department shall schedule and give . notice of hearing for zoning and applications for 26-2.2003 Variance, conditional use and rezoning as required by Government Code specisi permits — Renewed application after Sections 65854 and 65854.5. (Ords. 78-541§ 1, denial. if any application for a conditional use 1975: prior code § 2203.14: Ord.917,856). permit, variance, or special permit is denied (unless the denial is without prejudice to 26.2.1806 Rezoning — Standards. An rettling), no new application shall be made or application for rezoning is a request for change accepted within one year after the effective date of the land use district applicable to the subject of denial, unless: property or to amend the uses permitted in a (1) The applicant shows material change in land use district. Before ordering such change the circumstances upon which the denial was the planning agency shall determine that: based;and (1) The change proposed will substantially ("_) The planning director accepts the new comply with the general plan; filing on these grounds. If the planning director (2) The uses authorized or proposed in the rejects the new application, he shall land este district are compatible within the communicate his reasons to the applicant. district and to uses authorized in adjacent "Materially changed circumstances" means districts; that: (3) Community need has been demonstrated (A) The proposed use or variance is for the.use proposed, but this does not require significantly different from that originally demonstration of future financial success. (Ord. applied for,and/or 1975: prior code § 2204.20: Ord. 917). (B) The lot involved has been diminished or enlarged with the result that the proposed use or Article 26-2,20 variance would be more comp;tible to the Variance,Conditional Use and revised lot than the situation originally applied —' for;and/or ` Special Permits (C) There has been a change in zoning 26-2.2002 Variance, conditional use and classification which significantly affects this special permits — Application requirements. land. (Ord. 72-49 § 2; prior code § +2203.12a). Except as waived by the planning director, the 27 (Contra Costa County 6-50) Chapter 84-38 A-2 GENERAL AGRICULTURAL DISTRICT Article 84-38.2 General Sections: 84-38.202 General provisions. Article 84-38.4 Uses Sections: 84-38.402 Uses—Permitted. 84-38.404 Uses—Requiring land use permit. 84-38.406 Uses—Refuse disposal site— Permit required. Article 84-38.6 Lots Sections: 84-38.608 Lot area,width and depth. 84-38.610 Existing legal lots excepted. Article 84-38.8 Building Height Sections: 84-38.802 Building height—Maximum. Article 84-38.10 Yards Sections: 84-38.1002 Yard—Side. 84-38.1004 Yard—Setback. 84-38.1006 Yard—Rear. Article 84-38.12 Land Use and Variance Permits Sections: 84-38.1 '_02 Land use and variance permit —Granting. Article 84-38.2 General 84-38.202 General provisions. All of the land lying within an A-2 general agricultural district may be used for any of the following uses, under the following regulations set forth in this chapter. (Ord. 1569: Ord. 1555: prior code § 8156 (part): Ord. 1406). Article 84-38.4 Uses 84-38.402 Uses — Permitted. Uses permitted in the A-2 district shall be as follows: 340 A-'?—GENERAL AGRICULTURAL DIST J"T 84-38.404-84-38.1002- (1) All types of agriculture,including general (9)- Commercial recreational facilities when farming, horticulture, floriculture, nurseries and the principal use is not in a building; greenhouses, . mushroom rooms, dairying, (10) Boat storage areas within one mile by livestock production, fur farms, poultry raising, public road of a boat launching facility open to animal breeding, aviaries, apiaries, forestry, and the public; similar agricultural uses; (11) Retail firewood sales; (2) Other agricultural uses, including the (12) Recycling operations intended to sort erection and maintenance of sheds, warehouses, and/or process material for reuse except for granaries, dehydration plants, hullers, fruit and those activities described in Section 88-4.206; vegetable packing plants, and buildings for the 1 (13) Museums in which objects of historical. storage of agricultural products and equipment; artistic, scientific or cultural importance are (3) A stand not exceeding two hundred preserved and displayed. (Ords. 89-46 § '_, square feet for sale of agricultural products 16-36 § 3, 7437 § 2, 60-82, 1988, 1569 § 2: grown on the premises. The stand shall be set prior code § 8156(b); Ords. 1406 § 3, 497 § 4, back at least twenty-five feet from the front 382 § 4E). property line; (4) A detached single family dwelling on each 8438.406 Uses — Refuse disposal site — parcel and the accessory structures and uses , Permit required. Refuse disposal sites are normally auxiliary to it; permitted in the A-2 district upon the issuance (5) Foster home or family care home of a permit under the provisions of Chapter operated by a public agency, or by a private 418-4.(Ord. 72-89 § 2, 1972). agency which has obtained state or local approval (license) for the proposed operation, Article 8438.6 where not more than six minors reside on the Lots premises with not more than two supervisory persons. 84.38.608 Lot area, width and depth. (6) A family day care home where care. Except as provided in Section 84.38.610, uses protection and supervision of twelve or fewer allowable under Article 84-38.4 are allowed only children in the provider's own home are provid- on lots which equal or exceed all of the ed for periods of less than twenty-four hours foIIowing: five acres in area, two hundred fifty per day, while the parents or guardians are feet average width, and two hundred foot depth. away. (Orris. 86-43 § 13, 68-25 § 2, 1968, 1569, (Ord. 73-86 § I (part), 1973). 1555, 1535: prior code § 8156(a): Ord. 1406). _ $438.610 Existing legal Lots excepted. Any 84-38.404 Uses--Requiring land use permit. single lot legally created in an A-2 district before The following uses are allowable on the issuance November 29, 1973, at least forty thousand of a land use permit: square feet in area may be used as provided in (1) Allowable uses designated in Section Article 84-38.4. (Ord. 73-86 § 1 (part), 1973). 84-36.404; (2) Merchandising of agricultural supplies Article 8438.8 and services incidental to an agricultural use: Building Height (3) Canneries, wineries and processing of agricultural products; 84-38.802 Building height. — Maximum, (4) Cold storage plants: Building height provisions for the A-2 district (5) Slaughterhouses and stockyards: shall be the same as those for the A 1 district (6) Rendering plants and fertilizer paints or (Section 84-36.802), (Ord. 1569: Ord. 1555: yards; prior code §.8156(f): Ord. 1406). (7) Livestock auction or sales yards: (8) Living accommodations for agricultural Article 84-38-.10 workers to be primarily used for temporary Yards housing of agricultural workers while performing seasonal agricultural work on the owner's 84-38.1002 Yard — Side. There shall be an property; aggregate side yard width of at least forty feet. 341 (contra Cuata county 1289). • 8438.1004-84-40.404 ('1NING No side yards shall be less than twenty feet in width. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grain-fed rodents, bees, birds, or i, poultry shall be located in the A-2 district nearer than fifty feet to the boundary line of any residential land use district. (Ord. 1569: Ord. 1555: prior code § 8156(g): Ord. 1406). 8438.1004 Yard — Setback. Setback(front I yard) provisions for the A-2 district shall be the same as those for the A-1 district (84-36.1004). (Ord. 1569: Ord. 1555: prior code § 8156(h): Ord. 1406). 8438.1006 Yard — Rear. There shall be a rear yard of at least fifteen feet for any i structure. (Ord. 1569: Ord. 1555: prior code § I 8156(i): Ord. 1406). 1 Article 8438.12 Land Use and Variance Permits 84-38.1202 Land use and variance permit — .Granting. Land use permits for the special uses; enumerated in Section 8438.404 and variance permits to modify the provisions contained in i Sections 8438.602 through 8438.1006 may be ' granted in accordance with Chapter 82-6. (Ord. 1569: Ord. 1555: prior code § 8156(j): Ord. 1406). y A-20 EXCLUSIVE AGRICULTURAL DISTRICT 84-80.202-84-80.404 of supervisors which shall make final decision on Article 84-80.4 the land use permit along with the rezoning. Uses (Ord. 80-24). 84-80.402 Uses — Allowed. The following uses are allowed in the A-20 district: Chapter 84-80 (1) All types of agriculture,including general farming, horticulture, floriculture,dairying, live- A-20 EXCLUSIVE AGRICULTURAL stock production and breeding, poultry and DISTRICT grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses; Article 84-80.2 General (2) Other agricultural uses, including the Sections: erection and maintenance of sheds, warehouses, 84-80.202 General provisions. granaries, dehydration plants, hullers, fruit and 84-80.204 Purpose. vegetable packing plants, and buildings for the Article 84-80.4 Uses storage of agricultural products and equipment; Sections: (3) A stand not exceeding four hundred 84-80.402 Uses—Allowed. square feet and set back at least twenty-five feet 84-80.404 Uses with land use permit. from the front property line, for sale of agricul- Article 84-80.6 Lots tural products grown on the premises; and Sections: (4) A detached single-family dwelling on each 84-80.602 Area, width and depth. legally established lot and the accessory struc- Article 84-80.8 Building Height tures and uses normally auxiliary to it. (Ord. Sections: 79-108). 84-80.802 Maximum. Article 84-80.10 Yards 84-80.404 Uses with land use permit. Sections: The following uses are allowable on the issuance \ 84-80.1002 Side. of a land use permit: 7 84-80.1004 Setback. (i) Merchandising of agricultural supplies and 84-80.1006 Rear. services incidental to agricultural use: 84-80.1008 Residential land. (2) Canneries, wineries, and procetsin, of Article 84-80.12 Land Use and Variance agricultu(al products; Permits (3) Cold storage plants: Sections: (4) Slaughterhouses and stockyards: 84-80.1202 Granting. (5) Rendering plants and fertilizer plans or 84-80.1204 Clustering. yards; (6) Livestock auction or sales vards; Article 84-80.2 (7) Living accommodations for agricultural General workers employed on the premises; (8) Home occupation; 84-80.202 General provisions. All land (9) Nurseries and greenhouses; within an A-20 exclusive agricultural district (10) Mushroom houses; may be used for any of the following uses, under 0 1) Processing of milk not produced on the regulations set forth in this chapter. (Ord. premises; 79-108). (12) Dude ranches, riding academies. stables. dog kennels. 84-80.204 Purpose. The purpose of this (13) Hospitals, eleemosynary and philanthro- chapter's regulations is to provide and protect pic institutions, convalescent homes. and animal areas for agricultural uses by preventing the es- hospitals; tablishment of urban and any other incom- . (14) Churches. religious institutions. paro- patible land uses thereon. (Ord. 79-108). chial and private schools, including, nursery schools; (15) Community buildings. clubs. activities of a quasi-public. social, fraternal or recreational character; 372-1 (Contra Costa County 7.50) 84-80.602-848.202 1.20i ZONING (16) Medical and/or dental offices and Article 84-80.12 clinics; Land Use and Variance Permits (17) Boat storage area within one mile by public road of a public boat launching facility; 84-80.1202 Granting. Land use permits (18) Oil and gas drilling and production in- for the special uses enumerated in Section cluding the installation and use of only such 84-80.404 and variance permits to modify the equipment necessary and convenient for drilling provisions contained in Article 8480.6 through and extracting operations; 84-80.10 may be granted in accordance with (19) Commercial radio and television receiv- Chapters 26-2 and 82-6. (Ord. 79-108). ing and transmitting facilities other than broad- casting studios and business offices; 84-80.1204 Clustering. Variance permits (20) One additional single-family dwelling for may be granted pursuant to Section 84-80.1202 members of the family within the third degree to allow the clustering of single-family dwellings of consanguinity. (Ord. 79-108). on lots where: (I) Such action is consistent with the general Article 84-80.6 plan; Lots (2) The design of the dwelling cluster is,and shall be subject to the review and approval of 84-80.602 Area, width and depth. No build- the zoning administrator.and ing or other structure allowed in the A-20 dis- (3) Development rights, grants, and/or open trict shall be erected or placed on a lot smaller space and conservation easements are conveyed than twenty acres in area, and two hundred fifty to the county for the portions of the lots not feet in average width,,and three hundred feet covered by the clustered dwellings. Such convey- deep. (Ord. 79-108). ances shall be valid for the period of time speci- fied by the planning agency but not to exceed Article 84-80.8 twenty-five years. (Ord. 79-108). Building Height 84-80.802 Maximum. No budding or other Chapter 84-82 structure permitted in this district shall exceed two stories or thirty-five feet in A-40 FXCI-(JqIVF ACYRICULTURAIL o and one-half. height. (Ord. 79-108). DISTRICT Article 84-80.10 Article 84-82.1 General Yards Sections: 8482.202 General provisions. 84-80.1002 Side. No side.yard shall be less 84-82.204 Purpose. than fifty feet in width. (Ord. 79-108). Article 84-82.4 Reference jo'A-20 District Sections: - � 84-80.1003 Setback. There shall be front 8482.402 Conran to A-20 district. yard setback of at least twenty-five feet for any 84-82.404 Differences from A-20 district. building or structure. (Ord. 79-108). ..Article 84-82.2 84-80.1004 Rear. No rear yard width is re- General quired. (Ord. 79-108). 84-82..202 General provisions. All land with- 84-80.1006 Residential land. Notwithstand- in an A'40 exclusive agricultural district may be. ing any other yard provisions of this article, no used, any of the followinguses. under the barns, stables and other buildings or structures regulations in this chapter. (Ord, 79-108). used to house livestock, grain-fed rodents, or poultry shall be located on a lot less than fifty feet from the boundary line of any residential land use district. (Ord. 79-108). (Contra Costa County 1-80) 3 7 N A A-80 EXCLUSIVE AGRICULTURAL DISTRICT 84-82.204-84-84.404 t 1 84-82.204 Purpose. The purpose of this establishment of urban and any other incompa- chapter's regulations is to provide and protect tible land uses thereon. (Ord. 79-108). areas for agricultural uses by preventing the es- tablishment of urban and any other incompa- Article 84-84.4 tible land uses thereon. (Ord. 79-108). Reference to A-20 District Article 84-82.4 _ 84-84.402 Conform to A-20 dist ct. Except Reference to A-20 District" as specified, the A-80 district is est lished and administered conformably with 1 the provi- 84-82.402 Conform to A-20 district. Except cions of Chapter 84-80 on A-20 istricts. (Ord. as specified, the A-40 district is established and 79-108). administered conformably with all the pro- ` visions of Chapter 8480 on A-20 districts. (Ord. 84-84.404 Differences from A-20 district. 79-108). The following items for AN$0 districts are dif- ferent from those for A-20,districts: 8482.404 Differences from A-20 district. (1) Uses with land use permit. No land use The following items for A-40 districts are permits may be issued in the A-80 district for different from those for A-20 districts: the uses listed in subsections 0 2) through (17) (1) Uses with land use permit. No land use of Section 84-80.404. permits may be issued in the A-40 district for (2) Area, width and depth. No building or the uses listed in subsections (12) through (17) other structure permitted in the A-80 district of Section 84-80.404. shall be erected or placed on a lot smaller than (2) Area. No building or other structure per- eight acres in area, but there are no lot width or mitted in the A-40 district shall be erected or depth requirements. (Ord. 79-108). placed on a lot smaller than forty acres in area. t (Ord. 79-108). \ Division 86 Chapter 8484 AIRPORTS* A-80 EXCLUSIVE AGRICULTURAL DISTRWT Chapters: 86-2 Precise Airport Plan Article 84-84.2 General 86-4 Airport Zoning Sections: 84-84.202 General provisions. 84-84.204 Purpose. Article 8484.4 Reference to A-20 District Sections: Chapter 86-2 84-84.402 Conform to A-20 district. 84-84.404 Differences from A-20 district. PRECISE AIRPORT PLAN Article 84-84.2 Sections: General 86-2.002 Short title. 86-3.004 Purpose. 84-84.202 General provisions. All land with- 86-2.006 Adoption. in an A-80 exclusive agricultural district may be 86-2.008 Location of airports. used for any of the following uses. under the regulations in this chapter. (Ord. 79-108). 'For the statutory provisions regarding the airport approa,:hcs zonine law,see Gov.C.§ 50485 if.For the statutory provisions regarding design of and richt of flight in airport approach 84-84.204 Purpose. The purpose of this zones. see Pub. U.C. § 21403. For the statutory requirement chapter's regulations is to provide and protect that county zoning ordinances contain ptovisions for airports. see Gov.C.§§ 26027 and 26028, areas for agricultural uses by preventing the For provisions regatding Buchanan Field.see Ch. 1106.2. this code. 372-3 (Contra Costa Count) --go) f Jf. Ie i v � (14 O CS3 rn 36 31 Uj LAI 71co ` -qkw �+ � N. co 06 1 �:• n o*-Nl •,� , 36 + . :. ,�, 1�M 00' \ J .. ,ZZ, (� p OL 1 ,J � \ � V/E'�`, (.,r' 1 f l Cr��l.";.�.�app�i �.•� ✓r t69 `� _ _ �� — i --�� ,-� �p.�•. Ulf Ion © v. 1aZZ4.ei 1.0 .190 Vk 200 47 30" 1s ti. ��'�'�y '.�� of`�\� ~ � oo� ,' �.: ��•4.J ' .. N - . Vr raC F uo u1 . � \� ,� �ti�..',". CCN J ��� f I��' � �C"'.(1{'•}�v/Y]%` y \ �fi!—�. PT j. 01 11(EiGI(DNAU a ' RKkal. BOARD OF DiR5CM; janea K WX n.Prea.v Ap r i 1 281 1992 JOCCY"combs,VCO Fray ?90 Ri1kd.'Y9ab'U!ef 011m,hIClrts•sta-my H&U.1 Keele. Mm. Debbie Drennan JW 0�ci* Contra costa County Cw.,W VAIJ.;M Community Development Department pit rtsa"a-ager 65i Pine Street Martinez, CA 94553 Re:- Penna propgrty Dear Ma. Drennan, I am enclosing copies of the plat and legal descriptions .of the parcels which this District has obtained an option to purchase. I believe that the District is exempt from the requirements of the Subdivision Map Act (Government Code §66428 (a) 2) . Therefore I am requesting information regarding the process I should follow to obtain your approval prior to the District's acceptance of the Penna's conveyance. The District will acquire fee title to Area "B'i (approximately 118 acres) and a scenic easement over approximately 5.35 acres of the remaining lands of Penna. Please feel free to call me if you need any additional information. Sincerely, Glenn R. Pridham Title Coordinator enc. i 2950 Peralta Oaks Court•F0.Box 5381 Oakland CR 94605 5359.510.635.0135•FAx 510.569.4319 Gas mill • EAST BAI( K&ONA4- PARK DISTRICT (6WS Ck 230) N 880,q3',13"W .3036.16 o F01Wt OF B66INPIAX %I too Of 00 , M.S.A5SMA77—:�3 as (43.13 OR 618) r\1 N7105019"E ,473,0 00 AAXA 6 as 1131,13 ig 1483.61 USA (MO OR 370 "A" N60028li3!"E 4.93 FARR 0 (8002 OP, 70) IN 3 7 053"00'W 124-95' I PONT DF bEr_%imMING �0 pojNl OF t3EG1NJ\)Jmc> 00 AILCA ok +,t' ,lilt> VICINITY MAP Q If all 'p. 0-� PLAT DeBolt Civil Engineering ale 401 South Martz Avenue coo, Danville,Cx1ifom1A 94526 By-JED CoAyl cDsiA 40L)NTY, CALL FO"IA 415/837-3760 10b C 0 a 0 0 T 1 3B q z -V cl ------------------------------------------------------------ +q A-80 •stir ! /�+ /ez . A-4 :4 3s 21 A•2 20 •A•4 A-2 d A•2 �'° A-4 A4 A-2 .. . . 6b 639 t SEE W•13 m�� tstu i—r"• — _ ca�tuun.r aeanara ta.wurn avaaarart ^��_ � '�._ _ ..r a++..•w o.+r..r C�.v.[�.Cws.......r w.r..r.r w.w r.,...�......,.•� __.-,-,--- April 10, 1992 Job No. 79182 AREA "K TO BE RETAINED BY PENNA CONTRA COSTA COUNTY, CALIFORNIA LEGAL DESCRIPTION All that certain real property situate in the County of Contra Costa, State of California, described as follows- Portion of Parcel "A" as said Parcel is shown on that certain Map recorded March 28, 1985, in Book 115 of Parcel Maps at Page 14. Contra Costa County records, further described as follows: BEGINNING at the most northerly comer of Parcel "B" as said Parcel "B" is shown on said Map (115 PM 14), thence from said Point of Beginning along the perimeter of said Parcel "A" the following thirteen courses: 1.) South 35*30'16" West, 1.115.73 feet: 2.) North 49030'00" West. 94.50 feet-, 3.) along a tangent curve to the left having a radius of 150.00 feet, through a central angle Of 26100'00", for an arc length of 68.07 feet: 4.) North 75"30'00" West, 346.00 feet; 5.) along a tangent curve to the left having a radius of 100,00 feet, through a central angle of 13*14'21", for an arc length of 40.56 feet: 6.) North 36'14'20" West, 156.28 feet: 7.) North 52*07'00" East, 120.46 feet-, 8.) South 37"53'00" East, 122.93 feet-, 9.) North 60028'31" East, 464-93 feet; 10.) North 7'53'00" West, 220.00 feet; 11.) North 37153'00" West. 185.00 feet-, 12.) North 71154'49" East, 473.07 feet; and 13.) North- 151150'00" East, 700.00 feet-, thence leaving said perimeter South 73110'00" East, 150.00 feet, more or less, to a point that lies East 50.00 feet from an e�dsting well; thence South .28"43'43" East, 850.00 feet to the southerly line of said,Parcel "A";, thence along said southerly line North 88043'43" West. 400.00 feet to the Point of Beginning. LAND ACQ. DEPT_ APR 151992 ------------------%.�-------------------- April 10, 1992 Job No. 79182 AREA "B"TO BE ACQUIRED BY E.B.R.P.D. CONTRA COSTA COUN"rY, CALIFORNIA LEGAL DESCRIPTION All that certain real property situate in the County of Contra Costa, State of California. described as follows: Portion of Parcel "N' as said Parcel "X is shown on that certain Map recorded March 28, 1985, in Book 115 of Parcel Maps at Page 14, Contra Costa County records, further described as follows: BEGINNING at the northeast comer of said Parcel "A": thence from said Point of Beginning along the easterly line of said Parcel "X South 1*53'01" West, 1,842.22 feet-, thence continuing on said easterly line South 0*17AT' East. 708.00 feet: thence along the southerly line of said Parcel "A!' North 88043'43" West. 1,083.61 feet: thence leaving said southerly line North 28'43'43" West, 850.00 feet, more or less, to a point that lies East, 50.00 feet from an existing well-, thence North 73010'00" West, 150.00 feet to the perimeter of said Parcel "A"; thence along said perimeter the following five courses: 1.) North 16050'00" East, 600.00 feet; 2.) North 69040'00" West, 1,000-00 feet; 3.) North 801145'00" West, 600.00 feet: 4.) North 1009'19" East, 780.00 feet; and 5.) South 88'43'43" East, 3,036,16 feet to the Point of Beginning. ------ - - - - - April 10, 1992 Job No. 79182 SCENIC EASEMENT PORTION OF AREA TO BE RETAINED BY PENNA TO BE DESIGNATED AS A SCENIC EASEMENT CONTRA COSTA COUNTY, CALIFORNIA LEGAL DESCRIPTION All that certain real property situate in the County of Contra Costa, State of California. described as folic-1 Portion of Parcel "A" as said parcel is shown on that certain map recorded March 28, 1985 in Book 115 of Parcel Maps at Page 14, Contra Costa County Records, further described as follows: BEGINNING at a point on the southerly line of said Parcel "A: said Point of Beginning lying along said southerly line South 88'43'43" East 100.00 feet from the most northerly comer of said Parcel "B" as said.Parcel "B" is shown on said map (115 PM 14); thence from said Point of Beginning North 34124'42" West, 600.00 feet to the westerly line of said Parcel "X; thence along said westerly line North 16150'00" East. 300.00 0.00 feet: thence leaving said westerly line South 73010'00" East, 150.00 feet, more or less, to a point that lies East 50.00 feet from an existing well; thence South 28043'43" East, 850.00 feet to the said southerly line; thence along said southerly line North 88'43'43" West, 300.00 feet to the Point of Beginning. -- ------------ - - - - dam •, ,y_ .3$' 'z"- `��" S {.k.a-i EA }T SPAR jD LC . f � . :S� BAY -RE GI ,, K I S TR _ T. r r-':`•�°` �C� BOARD OF DIRECr'ORS {�[9 James H.Duncan,President May 4, 1992 Jocelyn Combs,Vice President Ted Radke,Treasurer - Oliver Holmes,Secretary Harlan Kessel John O'Donnell Carroll Williams Pat O'Brien General Manager Debbie Drennan p CONTRA COSTA COUNTY 651 Pine Street Martinez, CA 94553 LAS TRAMPAS REGIONAL WILDERNESS AREA County Application for General Plan Amendment Penna Property: County File No. 2972-RZ Dear Ms. Drennan: This letter is regarding the Penna property on Las Trampas Ridge. The owner of this property has recently applied to the county for rezoning, a portion of which is within the Town of Danville's Sphere of Influence and the remainder is within the sphere of the City of San Ramon. This is to inform you that East Bay Regional Park District has obtained an option on this property over approximately 115 acres, as shown as "Area 1B111 on the map attached. By granting this option, the owner has met the concerns of this District and we will have no .further comments to make. Please call me if you have any questions, at 635-0135, ext. 2607 . Res ct u ly, Lloyd- agstaff� Land Acquisition Manager cc: Kevin Gailey, Town of Danville Phil Wong, City of San Ramon 2950 Peralta Oaks Court•P.O.Box 5381•Oakland CA 94605 5369.510.635.0135•FAX 510.569.4319 EAST BAYRG610NAL PARK DISTRICT (609 OR E30) N88043A3"W 3036.16 0 POINT OF BEGINVIAX. 290 A"A'B" � Ln M AAA-A -0 20 73 -�-�092 1111� I > 5,600 45bo'�- - OW > 00 , c; O CD (43(3 GR 6)8) 573"10'00"E 50,00' o L yIAWEU N71054'49"EI73-0 !;I' EA5EMCArr coA 57053'00"E 220.00' U.5-A (TOD OR 370 'A"A 5 8s-'q-3"q3"E N60028 .31"iff 44.93 FARR N 37°53'00"W 122-93' (8002 OP, 7(3) PoitiT DF 8EGlmft)lh)G �0 Sr-iFMC- EASiZfn,iEA)-J- M `�'� Q�' FIOIT�JT OF 6EGINWMG AFLF-A "A" VICINITY MAP 's N.T.S. -N- 1P ell 0 0 Date: PLAT DeBolt Civil Engineering 54,to-12- cale 4o1 South Hartz Avenue I =600 WA)TPLA CD-5TA 'C-OL)NTY, GAL IFO"IA Danville,California 94526 BY'. JEO 415 1837-3780 Job