HomeMy WebLinkAboutMINUTES - 09151992 - H.8 y
Contra
TO: BOARD OF SUPERVISORS -
_ � �;; Costa
::=
FROM: HARVEY E. BRAGDON N n - s County
DIRECTOR OF COMMUNITY DEVELOPMENT '• 'tY
DATE: June 3 , 1992
ST9`COUN'f'�
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•':in its
Resolution No. 35-1992 as the determinations fore 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 SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BODUU__A��`RD COMMIT EE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON September 15, 1992 APPROVED AS RECOMMENDED OTHER
All persons desiring to speak were heard. The hearing was closed and the BoardTPPROVED
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 I� V TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
D r1 SUPERVISORS ON THE DATE SHOWN.
� ObmmunUiity Development 2Department ATTESTED September 15, 1992
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
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
i
G
se
Contrr
TO: BOARD OF SUPERVISORS ^.—�� _.
Costa
FROM: HARVEY E. BRAGDON —.,t- COUnt
DIRECTOR OF COMMUNITY DEVELOPMENT
rTA COUN'�•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-60 (Exclusive
Agriculture) to A-40/A-2 (Exclusive Agriculture/General Agricultural),
in the San Ramon Area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) 6 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. I
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
rnnN� TT p n SUPERVISORS ON THE DATE SHOWN.
D 1 �Cbmmunbi�y Development ZDepartment 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 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
Cair of .the San Ramon Valley
Regional Planning Commission, County
of Contra Costa, State of California
ATTEST:
I
Secretary f. the San Ramon Valley
Regional Planning Commission, County
of Contra Costa, State of California
DD/df
2972-RZ.RES
Findings Map
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A•20 :>
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A•4
A•80
A•4 >' +
A-2 A-4
A•2
Rezone From—A- 90 ToLA-4o
Area
1, 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
- OF T►t'- Gtr t�ry� t NG Mb P
indicating thereon the decision of the San Ramon Valley Regional Planning
Commission in the matter of
'Ch`air of thc�SaA f� n-Valley Regiof`�al
j Planning Commission, State of California
ATTEST: ,
Secr toy f th n Ramon Valley Regional
Plan Commi Sion, State of California
EAST BAY .FG610 YAL PARK pfS7RICTr (GW OR 230)
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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
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E A 5 T B A Y 130ARD OF DIREC"MRS
PAR .4arnes H.Duncan,President
J-1tr4q Kessel,Vice PresOmt
IneefyiLCumbs,Treasurer
EGI KSti r• Oliver Hulmps
John O'Donnell
-' � Ted Radke
ONAL
Gerrrrnl Mnl+IYr
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 Bay
Region Environment and Resources Planning Study, U. S. Geologic
Survey) . The rating of tlhe Neale is :ham a 6 i.n. 1cates _h ea 11iia"AaSt
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.
wpm
East Bay Regional Park District \� 11,500 Skvline Boulevard Oakland, CA 9=1619-2=1-33
310-331-9300 FAX 310-331-3239
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 yours,
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
after denial. If any application for rezoning or special permit shall include, but isnot limited
�} involving reclassifying certain land(s) from one to.the following:
toning 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 (2) 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 ` 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 facilitici element:
on or near the land(s);and/or and
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 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 § 2203.14: Ord. 917, 856). permit, variance, or special permit is denied
ti (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
(I) 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.
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;tihle 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
j 26-2.2002 Variance, conditional use and classification which significantly affects this
j special permits — Application requirements. land. (Ord. 72-49 § 2: prior code § ==03.12z).
Except as waived by the planning director, the
I
27 (Contra C(a4 County 6.66)
� C •
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 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
3 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.
A-)GENERAL AGRICULTURAL DIST '"T 84-38.-104-84-38.1001
(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 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 8438.4 are allowed only
C 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. (Ords. 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 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 (Cu 1 ra Cua1a Cuunry 1289).
84-38.1004-84-40.404 —nNING I
I
No side yards shall be less than twenty feet in
width. No barns, stables, apjaries, 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-[ district (84-36.1004).
(Ord. 1569: Ord. 1.555: prior code § 8156(h):
Ord. 1406).
8438.1006 Yard — Rear. 'There shall be a i
rear yard of at least fifteen feet for any
structure. (Ord. 1569: Ord. 1555: prior code §
8156(i): Ord. 1406).
Article 84-38.12
Land Use and Variance Permits
84-38.1202 Land use and variance permit —
Granting. Land use permits for the special uses:
enumerated in Section 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. 1555: prior code § 8156(j): Ord.
1406).
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:
84-80.1004 Setback. (1) 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 Vanance 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 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 (1 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. 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)
84-80.602-84-82.202 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 instillation 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, 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).
But7ding 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 x-40 FXCt_IJSIVF.. AGRICULTURAL
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 S.o'A-20 District
Sections:
84-80.1003 Setback. There shall be front 8482.402 Conf�lnn to A-20 district.
yard setback of at least twenty-five feet for any 8478.404. Differences from A-1_0 district.
building or structure. (Ord. 79-108).
Article 84-82.'_
84-80.1004 Rear. No rear yard width is re- General
quired. (Ord. 79-108).
84-82202 General provisions. All land with-
84-80.1006 Residential land. Notwithstand- in an A40 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 reg lations. 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).
i
(Contra Costa County 7-80) 372-2
r �
A-80 EXCLUSIVE AGRICULTURAL DISTRICT 84-82.204-84-84.404
j
t' 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 I the provi-
84-82.402 Conform to A-20 district. Except sions 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 84.80 on A-20 districts. (Ord. 84-84.404 Differences from A-20 district.
79-108). The following items for AAO 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) 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 listedin 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
DISTR.ICT Chapters:
86-2 Precise Airport Plan
Article 84-84.2 General 86-1 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 approaches
zoning law,see Gov.C.§ 50485 ff.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. § 21403. For the statutory requtrement
chapters regulations is to provide and protect that county zoning ordinances contain provisions for airports.
see Gov.C.44 260?r and 26028,
areas for agricultural USeS by preventing the For provisions regarding Buchanan Field. see Ch. 1106.2. th«
code.
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BOARD OF DIMCM
Jana H.6a1oai.FfvNt
April 28, 3.992 joce,yoconoe.voPft
Tea Wka.haawer
CIWV Mclroee.S:G•e m
Xs. Debbie Drennan d-aao E&P-
Contra Costa County caveva�ane
Community Development Department oat ra"M.
651 Fine 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 (x) 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
ng+r (approximately 11.8 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.
2950 Peralta Oaks Coun•P.O.Box 5381.Oakland CA 94605 5369 510.635.0135•FAX 510.569.4319
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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 corner 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 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 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.23°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
37053'00" East, 122.93 feet; 9.) North 60028'31" East. 464.93 feet;
10.) North 7153'00" West, 220.00 feet; 11.) North 37°53'00" West,
185.00 feet; 12.) North 71°54'49" East, 473.07 feet; and 13.) North
15150'00" 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 existing well; thence South .28043'43" 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.
EBF- PD
LAUD ACQ. DEPT.
APR 1 5 1g9�
April 10, 1992
Job No. 79182
AREA'B" TO BE ACQUIRED BY E.B.R RD.
CONTRA COSTA COUNTY, CALIFORNIA
LEGAL DESCRIP'T'ION
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 "A' 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 corner 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 continWng on said easterly line
South 0017'47" East, 708.00 feet; thence along the southerly line of
said Parcel "A" North 88143'43" West, 1,083.61 feet: thence leaving
said southerly line North 28°4343" 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
16°50'00" East, 600.00 feet; 2.) North 69140'00" West, 1,000.00 feet:
3.) North 801145'00" West, 600.00 feet: 4.) North 1109'19" East,
780.00 feet; and 5.) South 88043'43" East, 3,036.16 feet to the Point
of Beginning.
I
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°43'43"
East, 100.00 feet from the most northerly corner of said Parcel "B" as
said Parcel "B" is shown on said map (115 PM 14); thence from said
Point of Beginning North 34024'42" 'West, 600.00 feet to the westerly
line of said Parcel ''A"; thence along said westerly line North 16°50'00"
East. 300.00 feet; thence leaving said westerly line South 73110'00"
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.
t
ZI
P=4fi
1L ASX-IBAY.-REGIO ,.,.,PARK DISTRICT.,..
22-
BOARD OF DIRECTORS
James H.Duncan,President
May 4, 1992 Jocelyn Combs,Vice President
Ted Racke,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 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 .
Resp ct u ly,
Cti
Lloyd 4agstaf f
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
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4o1 South Hartz Avenue ( =000
(0A)-rA4 CD-STA COUNTY, CRL1 Fc"1 A Danville,California 94526 By•JED
415/837-3780 Job
California Environmental Quality Act
NOTICE OF
Completion of Environmental Impact Report
xxx
Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street North Wing - 4th Floor - Martinez, California 94553-0095
Telephone: (510) 646-2031 Contact Person Debbie Drennan
Project Description and Location:
DeBOLT CIVIL ENGINEERING (Applicant) -JOHN PENNA (Owner), County File #2972-RZ: The
applicant requests approval to rezone 137.4 acres from A-80 to A-2/A-40. 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 Estates Court,in the Danville
area. Subject property address is #305 Bollinger Estates Court. (A-80) (ZA: T-15)
(CT 3452.01) (Parcel #199-7370-002,-012,-015,-016)
THIS IS A NOTICE OF STAFF'S_DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE
ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE
WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH.
The Environmental Irnpact Report or Justification for Negative Declaration is available for
review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
Martinez, CA
Review Period for Environmental Impact Report or Negative Declaration: _ O-.J L--
thru
AP 9 R 12/89
Co nmunity Development Depart4ent Representative
AGENDA DATE � ` � S "� �' ITEM N0.
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
P
f '
MITIGATION MONITORING
AND GENERAL PLAN REVIEW PROGRAM
FOR
CONTRA COSTA COUNTY
3
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
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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 seq. ;
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
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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 :
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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
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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
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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
Measures 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
seq. ;
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(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 seg. , shall be submitted to the
Board during June 1991.
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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
criteria 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.
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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 unti1 . 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
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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 .
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4�
` SE
ContrG
TO: BOARD OF SUPERVISORS —�'� Costa
oa ^-
FROM: HARVEY E. BRAGDON 9 A .�.��' _ COUnt\
o¢
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: June 3, 1992 UN
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 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 �,�
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
T SUPERVISORS ON THE DATE SHOWN.
� OCbmmunhity Development ZDepartment ATTESTED
cc: Public Works PHIL BATCHELOR, CLERK OF
DeBolt Civil Engineering THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
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 Three RESOLUTION NO. 35-1992
V CTORIA NAIDORF
Cair 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
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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.
Agenda Item #1
Community Development Contra Costa County
SAN RAMON VALLEY REGIONAL PLANNING COMMISSION
WEDNESDAY, MAY 6, 1992 - 7:30 P.M.
I. INTRODUCTION
DeBOLT CIVIL ENGINEERING (Applicant) -JOHN PENNA (Owner), County File #2972-
RZ: The applicant requests approval to rezone 137.4 acres from A-80 to A-2/A-40.
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 Estates Court, in the Danville area. Subject property address is #305
Bollinger Estates Court. (A-80) (ZA:T-15) (CT 3452.01) (Parcel #199-370-002,-012,
-015, -016)
This item was continued from March 18, 1992 to allow staff to further address
environmental issues raised by the City of San Ramon and East Bay Regional Park
District.
H. RECOMMENDATION
Staff recommends approval to rezone 199-370-016 to A-2 from A-80 and denial to
rezone 199=370-001, -012, and -015 from A-80 to A-40.
III. BACKGROUND OF PREVIOUS APPROVAL
The current zoning was established under application 251 1-RZ which 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 a
condition of Minor Subdivision 53-81 which created a 6.09 acre, 5.69 acre and 10.72
acre parcels and one 137.4 acre parcel. The CM zoning district does not allow for
construction of residential uses without issuance of a land use permit, thus the
rezoning. Under A-80 and A-2 one single family home can be constructed by a
ministerial act (i.e., a building permit). A second minor subdivision was applied for to
divide the 137.4 acres.into three parcels, but subsequently was withdrawn.
IV. DISCUSSION OF FOUR SEPARATE PARCELS
The parcel numbers as indicated on the Assessor's Parcel Map were assigned for tax
purposes only. No minor subdivision was approved. In essence, the applicant is
requesting a split rezoning of A-2 and A-40.
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CONT*A A
E A S T -B A Y BOARD OF DIRECTORS
DA
James H.Duncan,Presidevrt
'::YIpr irrl Kessel,Vice President
Joi`fYi}_�V[nbs,Treasurer
'REGION
'4 e-. Oliver Holmes
John O'Donnell
AL
e �• Ted Radke
r v ,t agTol]Williams
Gmeral A44drr
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 Bay
Region Environment and Resources Planning Study, U. S. Geologic
Survey) . The ratiry of ti1C scale is that a 6 inCA!icates t h e ::iy:.ast
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 11300 Skyline Boulevard Oakland, CA 94619-2443
510-331-9300 FAX 510-531-3239
PLANNING AGENCY 26-2.1803-26-2.2003
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 (2) 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 ' 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 z
(1) A change in zoning districts or land uses limited to, its community facilitiei element:
on or near the land(s);and/or
:,:y::(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 form which will be
used for applications. (Ords. 85-56 3, 3, 1975:
26.2.1804 Rezoning —Notice requirements. prior code 3 2203.12: Ord. 917).
The planning department shall schedule and give .
notice of hearing for zoning and applications for 26-2.2003 Varimnce, conditional use and
rezoning as required by Government Code special permits — Renewed application after
Sections 65854 and 65854.5. (Orris. 78-54 § 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 tailing), 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.
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
126-2.2002 Variance, conditional use and classification which significantly affects this
special permits — Application requirements. land. (Ord. 72-49 § 2: prior code § 2_03.12a).
Except as waived by the planning director, the
' 27 (Contra Carta County 6.66)
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 r
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
84-38.1004-84-40.404 C')NING
No side yards shall be less than twenty feet in
width. No barns, stables, apjaries, 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. 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 §
8156(i): Ord. 1406).
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 84-38.404 and variance
permits to modify the provisions contained in i
Sections 84-38.602 through 84-38.1006 may be '
granted in accordance with Chapter 82-6. (Ord.
1569: Ord. 1555: prior code § 8156(j): Ord.
1406).
\ )
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:
84-80.1004 Setback. (1) 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 Vafiance agricultural products:
Permits (3) Cold storage plants:
Sections: (4) Slauohterhouses 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 (]0) Mushroom houses;
may be used for any of the following uses, under (1 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 (Conte Costa County 7.60)
41
A-80 EXCLUSIVE AGRICULTURAL DISTRICT 84-82.204-84-8.3.404
i
f 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 sions of Chapter 8480 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 A-90 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) 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.
(Ord. 79-108).
Division 86
Chapter 84-84
AIRPORTS*
A-80 EXCLUSIVE AGRICULTURAL
DISTR.YCT Chapters:
86-2 Precise Airport Plan
Article 84-84.2 General T 86-4 Airliort 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 approa:ltcs
zoning law,see Gov.C.§ 50485 ff.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. § 21403. For the statutory requirement
chapter's regulations is to provide and protect that county zoning ordinances contain provisions for airports.
see Gov.C.§§ 26027 and 26028.
areas for agricultural uses by preventing the For provisions regarding Buchanan Field.see Ch. 1106.2. thus
code.
372-3 (Contra Cust Cuunt) --Bot
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BOARD OF DiR!CM;
jingo H.oulcu,Rer,<-.
April 28, 1992 joce.rn Conus.0o'cr
1a6 F3]kd.7arswa)
Uirvc;Hotr:s.S:C.roftry
Ms. Debbie Drennan J.hn 0 Del
Jthn 0,.ci*
Contra Costa County Cavhvaljs,s
Development Department - ?1cc9nen
Community P Oertaral Ma„aper
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 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 acgui.re fee title to Area
"B" (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.
2950 Peralta Oaks Court•P.O.Box 5381.Oakland CA 94605 5369 510435 0135•FqX 510.569.4319
2 0 a -
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art.at 14 - .
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u•„run atr a.�cscw or toorw,n namorva,n SEE W•13 m
April 10, 1992
Job No. 79182
AREA "B" TO BE ACQUIRER BY E.B.RP.D.
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
ollows.Portion of Parcel "A" as said Parcel "A" 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 corner 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 01117'47" 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 -1109'19" East,
780.00 feet; and 5.) South 88°43'43" East, 3,036.16 feet to the Point
of Beginning. -
+- ,f Si. I``•' i i- 1 _I. .:kms�
EAST BAY RE•GT _" T JVPARK DISTR:I:CT
BOARD OF DIRECTORS
May 4, 1992 Qt:9 y James H.o President
Jocelyn Combs,bs.V Vice President
Ted Radke,Treasurer
Oliver Holmes.Secretary
Harlan Kessel
John O'oonnell
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, cit 635-0135, ext. 2607 .
LRe sRes ctt! Z
ly, J
Lloyd - taf
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