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HomeMy WebLinkAboutMINUTES - 08102004 - D4 TO: BOARD OF SUPERVISORS f . . Contra Costa FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR County DATE: August 10, 2004 SUBJECT: ADOPT ORDINANCE #2004.33 WHICH EXTENDS AND MODIFIES THE KENSINGTON URGENCY INTERIM ORDINANCE THAT PROHIBITS CERTAIN RESIDENTIAL DEVELOPMENT WITHIN THE KENSINGTON AREA. (DISTRICT 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. ACCEPT any testimony related to the proposed Ordinance and close the public hearing; 2. ADOPT Ordinance No. 2004-33, an extension and modification of the Kensington Interim Urgency Ordinance (No. 2004-28); 3. FIND that the Extension and Modification of the Urgency Interim Ordinance is exempt from the California Environmental Quality Act Pursuant to Section 18481(b)(3), 4. DIRECT the Community Development Department to file a Notice of Exemption, CONTINUED ON ATTACHMENT: K YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER.LC VOTE OF SUPERVISORS j i HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT4d�,�} CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES:_.— ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: - -ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Catherine Kutsuris(925)335-1210 ATTESTED =11'_"--L1--"' cc: CAO JOHN SWEETEN LERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY Y4 BY - s ` , August 10, 2004 Board of Supervisors Page 2 FISCAL IMPACT: Costs related to the implementation of this ordinance would be covered by the funds previously provided for the review of the Kensington Combining District Ordinance, BACKGROUND: On June 22, 2004, the Board authorized a General Plan Amendment study and a zoning text amendment review related to the design review of residential structures in Kensington. This action followed a multi-year effort in the Kensington community to develop a text amendment proposal ("Kensington Combining District Ordinance")that would address the community's values of preservation of views, light and solar access, privacy, parking and compatibility with the neighborhood in terms of bulk and scale. The Board also adopted an Urgency Interim Ordinance for the Kensington area which prohibits the processing and issuance of certain residential entitlements and building permits that may be in conflict with the zoning proposal currently under consideration. That Ordinance became effective upon adoption and extends through August 13, 2004. In order to continue the limitations established by the Urgency Interim Ordinance,the Board must extend the Ordinance. Ordinance No. 2004-33 would continue the prohibition of processing entitlements or the issuance of permits for (1) new residences on undeveloped lots or (2) new residential structures, additions to residential structures,or new or modified residential accessory buildings on lots which conform to the lot width and parcel area requirements of the applicable zoning district. The Ordinance includes a minor modification which would exempt from these limitations building permit applications that do not include an expansion of conditioned space and which also received zoning clearance from the Community Development Department prior to dune 29, 2004 which was the effective date of the Urgency Interim Ordinance. The intent of the modification is to allow the continued processing of those projects which were substantially through the process and which would have more limited applicability to the proposed "Kensington Combining District Ordinance." The Community Development Department is currently moving forward with the review of the Kensington Combining District Ordinance and the development of an amendment to the Land Use Element of the General Plan. It is expected that the proposed General Plan Amendment and the Zoning Text will be scheduled for public hearing before the County Planning Commission by October of this year. The recommendation to extend the Kensington Urgency Interim Ordinance by 10 months and 15 days is consistent with the provisions of the Government Code. A more limited extension is not provided for in state law (§65858 [a]}. ORDINANCE NO. 2C 04-33 EXTENSION AND MODIFICATION OF URGENCY INTERIM ORDINANCE PROOHI13ITING CERTAIN LAND USE DEVELOPMENT IN THE KENSINGTON AREA The Contra Costa County Beard of Supervisors ordains as follows: SECTION I. FINDINGS AND PURPOSE. A. The lands within the unincorporated community of Kensington are located generally south and east of the City of El Cerrito, north of the City of Berkeley, and west of Wildcat Canyon and Tilden regional parks. More specifically, the Kensington area is shown on Exhibit A and defined in Exhibit B, which are attached hereto and incorporated herein by this reference. B. The lands within the Kensington area are designated in the County General Plan primarily for high density single family residential use and are zoned primarily for single family residential uses. C. The terrain of the Kensington area is hilly. Parcels and lots located in residential zoning districts in the Kensington area have distant and panoramic views of skylines,bridges,distant cities, distinctive geologic features, hillside terrain, wooded canyons,ridges,or bodies of water. D. The Kensington community values the preservation of views and solar access,privacy in living areas, adequate off-street parking,compatibility of structures within neighborhoods with regard to bulk and scale, and isolation from offensive emissions. E. The County is contemplating adopting a zoning ordinance that would establish the Kensington Combining District. The purpose of the ordinance would be to establish regulations allowing property owners to improve their property while minimizing impacts upon surrounding properties, thereby preserving the values of the Kensington community. F. The Kensington Combining District ordinance would establish an overlay zone that, when combined with an underlying zoning district,would require public hearings on development applications under specified conditions. Under the ordinance, if a hearing is required,the zoning administrator would be required to evaluate features of the proposed development on the basis of their impacts on neighboring properties. G. The County has been requested to amend the County General Plan so that the land uses authorized by the Kensington Combining District zoning ordinance would be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. 1 H. The County intends to initiate a study to amend the County General Plan so that the Kensington Combining District would be consistent with the General Plan. 1. A threat to the public health, safety, and welfare would result if any land-use entitlements or building permits for residential structures proposed for undeveloped parcels or undeveloped lots located in the Kensington area are accepted and approved before the General Plan is amended and the Kensington Combining District zoning ordinance is adopted. A threat to the public health, safety, and welfare would result if any land-use entitlements or building permits for residential structures, residential additions,or new or modified residential accessory buildings proposed for conforming lots located in residential zoning districts in the Kensington area are accepted and approved before the General flan is amended and the Kensington Combining District zoning ordinance is adopted. These acceptances and approvals would lead to a degradation of the unique residential character of the Kensington area. SECTION 11. EXTENSION. Ordinance No. 2004-28, as modified by Section IV,below, is extended for 10 months and 15 days,through June 28, 2005. SECTION 111. PROHIBITIONS. While this interim ordinance is in effect,no applications for land- use entitlements or building permits shall be accepted or processed, and no land-use entitlements or building permits shall be approved or issued, for any of the following in the Kensington area: (a) Any residential structure proposed for any undeveloped parcel or undeveloped lot. (b) Any residential structure, addition to a residential structure, or new or modified residential accessory building proposed for a lot that has the minimum lot width or lot area required by Divisions 82 and 84 for the residential zoning district where the lot is situated. SECTION IV. EXEMPTION. The prohibitions set forth in Section In do not apply to any of the following in the Kensington area: (a) Any discretionary land-use entitlement that authorizes the construction of a residential structure, addition to a residential structure, or new or modified residential accessory building on any lot or parcel, as long as the discretionary land-use entitlement was approved as of the effective date of Ordinance No. 2004-28 (June 29, 2004). (b) Any building permit application , as long as the building permit application received zoning clearance from the Community Development Department as of the effective date of Ordinance No. 2004-28 (June 29, 2004). SECTION V. REPORTS. In accordance with subdivision (d) of Government Code section 65858, ten days before the expiration of this ordinance or any extension of it, the Community Development Department shall file with the Clerk of this Board a written report describing the measures taken to alleviate the conditions that led to the adoption of this urgency interim ordinance. SECTION VI. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION VII. DECLARATION OF URGENCY. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety,health, and welfare of the County, and it shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinance's adoption are set forth in Section 1. SECTION VIII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board and shall continue in effect for a period of 10 months and 15 days, through June 28, 2005,pursuant to Government Code section 65858. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. <,e PASS" ,()N by the following vote: AYES: NOES: ABSENT: 'A4. ABSTAIN: L` ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors Bold Chair and County Administrator By: [SEAL] Deputy .R. TLG: R\2004Tommunity Development\Kensington urgency ord-extend2.wpd 3 ADDENDUM DA August 10, 2004 On this day the Beard of Supervisors considered adoption of Ordinance 2004-33 to extend and modify the Kensington Urgency Interim Ordinance that prohibits certain residential development within the Kensington area. The Board opened the public hearing and invited the public to comment. Gloria Morrison, 112 Windsor Avenue, Kensington provided testimony. Following discussion,the Board took the fallowing actions: 1. CLOSED the public hearing; 2. ADOPTED Ordinance 2004-33, as modified this day to delete the phrase in Section IV. EXEMPTION(b) "..that does not include an expansion of conditioned space,"in reference to building permit applications,and to delete the sentence defining the aforesaid phrase, "Conditioned Space'° has the meaning set forth in Title 24, California Code of Regulations, part 6, Section 101. 3. FOUND that the extension and modification of the Urgency Interim Ordinance is exempt from the California Environmental Quality Act; 4. and DIRECTED the Community Development Department to file a Notice of Exemption. ORDINANCE NO. 2004-33 EXTENSION AND MODIFICATION OF URGENCY INTERIM ORDINANCE PROHIBITING CERTAIN LAND USE DEVELOPMENT IN THE KENSINGTON AREA The Contra Costa County Board of Supervisors ordains as follows: SECTION I. FINDINGS AND PURPOSE. A. The lands within the unincorporated community of Kensington are located generally south and east of the City of EI Cerrito,north of the City of Berkeley, and west of Wildcat Canyon and Tilden regional parks. More specifically,the Kensington area is shown on Exhibit A and defined in Exhibit B,which are attached hereto and incorporated herein by this reference. B. The lands within the Kensington area are designated in the County General Plan primarily for high density single family residential use and are zoned primarily for single family residential uses. C. The terrain of the Kensington area is hilly. Parcels and lots located in residential zoning districts in the Kensington area have distant and panoramic views of skylines, bridges, distant cities,distinctive geologic features,hillside terrain, wooded canyons,ridges,or bodies of water. D. The Kensington community values the preservation of views and solar access,privacy in living areas, adequate off-street parking, compatibility of structures within neighborhoods with regard to bulk and scale, and isolation from offensive emissions. E. The County is contemplating adopting a zoning ordinance that would establish the Kensington Combining District. The purpose of the ordinance would be to establish regulations allowing property owners to improve their property while minimizing impacts upon surrounding properties,thereby preserving the values of the Kensington community. F. The Kensington Combining District ordinance would establish an overlay zone that, when combined with an underlying zoning district,would require public hearings on development applications under specified conditions. Under the ordinance, if a hearing is required,the zoning administrator would be required to evaluate features of the proposed development on the basis of their impacts on neighboring properties. G. The County has been requested to amend the County General Plan so that the land uses authorized by the Kensington Combining District zoning ordinance would be compatible ORDINANCE NO. 2004-33 1 with the objectives, policies, general land uses, and programs specified in the General Plan. H. The County intends to initiate a study to amend the County General Plan so that the Kensington Combining District would be consistent with the General Plan. 1. A threat to the public health, safety, and welfare would result if any land-use entitlements or building permits for residential structures proposed for undeveloped parcels or undeveloped lots located in the Kensington area are accepted and approved before the General Plan is amended and the Kensington Combining District zoning ordinance is adopted. A threat to the public health,safety, and welfare would result if any land-use entitlements or building permits for residential structures,residential additions,or new or modified residential accessory buildings proposed for conforming lots located in residential zoning districts in the Kensington area are accepted and approved before the General Plan is amended and the Kensington Combining District zoning ordinance is adopted. These acceptances and approvals would lead to a degradation of the unique residential character of the Kensington area. SECTION II. EX'T'ENSION. Ordinance No. 2004-28,as modified by Section IV, below, is extended for 10 months and 15 days, through June 28,2005. SECTION III. PROHIBITIONS. While this interim ordinance is in effect,no applications for land-use entitlements or building permits shall be accepted or processed, and no land-use entitlements or building permits shall be approved or issued, for any of the following in the Kensington area: (a) Any residential structure proposed for any undeveloped parcel or undeveloped lot. (b) Any residential structure, addition to a residential structure, or new or modified residential accessory building proposed for a lot that has the minimum lot width or lot area required by Divisions 82 and 84 for the residential zoning district where the lot is situated. SECTION IV. EXEMPTION. The prohibitions set forth in Section III do not apply to any of the following in the Kensington area: (a) Any discretionary land-use entitlement that authorizes the construction of a residential structure, addition to a residential structure,or new or modified residential accessory building on any lot or parcel, as long as the discretionary land-use entitlement was approved as of the effective date of Ordinance No. 2004-28 (June 29, 2004). (b) Any building permit application, as long as the building permit application received zoning clearance from the Community Development Department as of the effective date of Ordinance No. 2004-28 (June 29, 2004). ORDINANCE NO. 2004-33 2 SECTION V. REPORTS. In accordance with subdivision(d)of Government Code section 65858,ten days before the expiration of this ordinance or any extension of it, the Community Development Department shall file with the Clerk of this Board a written report describing the measures taken to alleviate the conditions that led to the adoption of this urgency interim ordinance. SECTION VI. SEVERAIBILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION VIL DECLARATION OF URGENCY. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety, health, and welfare of the County,and it shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinance's adoption are set forth in Section 1. SECTION VIII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board and shall continue in effect for a period of 10 months and 15 days, through June 28, 2005,pursuant to Government Code section 65858. Within 15 days of passage,this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times,a newspaper published in this County. PASSED ON_August 10, 2004 by the following vote: AYES: Supervisors Gioia, Uilkema,Greenberg, DeSaulnier and Glover NOES: Mone ABSENT: None ABSTAIN: Done ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors Board Chair and County Administrator By: L SEAL a TLG: HA2004NC'ommunity DevelopmenMensington urgency ord-extend2-final.wpd ORDINANCE NO. 2004-33 3