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MINUTES - 07242007 - D.6
TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa nh, COMMUNITY DEVELOPMENT DIRECTOR ;;;. �:-J� County DATE: JULY 24, 2007P. SUBJECT: CONSIDER AUTHORIZATION FOR A GENERAL PLAN AMENDMENT' STUDY RELATING TO THE ESTABLISHMENT OF A RURAL MIXED USE DESIGNATION FOR MULTIPLE PARCELS IN THE TASSAJARA AREA LOCATED ALONG CAMINO TASSAJARA, AS REQUESTED BY FT LAND, LLC (COUNTY FILE: GP#07-0009) (DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE.a General Plan Amendment study relating the establishment of a new rural mixed use land use designation for Assessor Parcel Nos.220-100-023,206-030- 065 and.223-020-018/016, located along Camino Tassajara in the Tassajara area, as requested by FT Land, LLC. 2. ACKNOWLEDGE that granting;authorization for this request does not imply any support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. 1 CONTINUED ON ATTACHMENT: X YES SIGNATURE ` - -�-�- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE &,-APPROVE OTHER SIGNATURE(S): ACTION OF BO ON;-Jj"4� ;pv , o7 APPROVED AS RECOMMENDED O ER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES:TI 0 NOES: 17— ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN:. SUPERVISORS ON THE DATE SHOWN Contact:. P. Roche, CDD-AP(925)335-1242 ATTESTED 0 cc: .CDD JOHN CUL C OF THE BOARD OF Public Works Dept. SUPERVI AND UNTY ADMINISTRATOR CAO County Counsel Town of Danville City of San Ramon BY.. ----.,DEPUTY FT Land.LLC(via CDD) :;;; z July 24,2007 Board of Supervisors County File:GP#07-0009(FT Land,LLC,Tassajara area) Page 2 RECOMMENDATIONS - continued 3. AUTHORIZE the Community Development Director to,modify, as necessary, the proposed land use designations and configurations to accommodate the provision of necessary infrastructure and improvements as the General Plan Amendment study proceeds through the planning and hearing process. FISCAL IMPACT l None. If authorization is granted the applicant shall pay fees to cover the cost for a General Plan Amendment study. . BACKGROUND/REASONS FOR RECOMMENDATION The Community Development Department is in receipt of a letter from Cecily Talbert, Bingham- McCutchen, on behalf of FT Land, LLC, requesting a General Plan Amendment study relating to the establishment of a rural new mixed use land use designation involving four large agricultural parcels totaling approximately 770 acres (+/-) located along Camino Tassajara in the Tasajara area. Three parcels under this request include Assessor Parcel Nos. 206-030-065 and 223-020-018/016, totaling approximately 615 acres, which are situated on the western side of Camino Tassajara south of Finley Road. The fourth parcel (Assessor Parcel No.220-100-023)totaling approximately 155 acres is located on the north side of Camino Tassajara, west of Finley Road and adjacent to. the Tassajara Hills Elementary School. See Exhibit"A"for a copy of the letter from Cecily Talbert, Bingham-McCutchen, on behalf of FT Land, LLC, requesting the General Plan Amendment study authorization. The location of Assessor Parcel Nos.220-100-023, 206-030-065 and 223-020-01'8/016, which are the subject of the General Plan Amendment study authorization request, are depicted in the aerial. photograph and maps, respectively, attached as Exhibit "B" to this: report. As illustrated in the maps listed under Exhibit"B";the subject parcels are currently designated as Agricultural Land (AL) under the Land Use Element Map, they are zoned within the A-80: Exclusive Agricultural District,and they are each located entirely outside the Urban Limit Line. As more fully described in•the letter from Cecily Talbert, Bingham-McCutchen, FT Land, LLC, is proposing the creation of an entirely new General Plan land use designation that would permit a mix of agricultural and residential uses along with associated open space, .parks and recreation, and public/semi-public uses. They are describing this as"rural mixed use"designation.The objective for FT Land, LLC, is to secure approval of the new mixed use designation covering the 770 acres(+/-)to enable the following: • Clustered Residential Development- This would include up to 169 single family residences on 10,000 square foot building pads on lots of at least one (1)acre, which are described as market rate units comparable to the General Plan's Single Family Residential — Low Density (SL) designation. Also included is the provision of affordable housing for moderate income families through 5 triplexes set aside on approximately 5 acres (15 units)and one additional building with 9 units for very low income families, which is described as comparable to the Multi-Family Residential = Low Density(ML) designation under the General Plan. The clustered residential development would occupy approximately 40 acres of the total affected land area with a yield of up to 193 new residences. July 24,2007 Board of Supervisors County File:GP#07-0009(FT Land,LLC,Tassajara area). Page 3 . BACKGROUND/REASONS FOR RECOMMENDATION - continued • Dedicated Agricultural Uses — Approximately 211 acres.of the affected land area would be dedicated.to active cultivation as private,communal,and.public deed restricted agricultural lands. FT Lands, LLC, envisions that this dedicated agricultural land can be brought into active cultivation for olive and fruit orchards, grape vineyards, and vegetable gardens for commercial and community sponsored organizations. The area under dedicated agricultural uses would be comparable to the Agricultural Lands (AL) designation under the General Plan. • Dedicated Open Space Lands — Approximately 473 acres of the affected land area would be deed restricted as open space lands, allowing only resource management areas and low- intensity passive recreational uses. The area dedicated as open space lands would be comparable to the Open Space (OS) designation under the General Plan. • Parks and Recreation Facilities—FT Land, LLC, is proposing to set aside approximately 8 acres for publicly operated park and recreational facilities.Specifically,they are identifying 2 acres to be set aside for an environmental education center (intended for hands-:on agriculture and nature related programs) and a public trail system. • Community Gathering and Religious Facilities — FT Land, LLC, is proposing to dedicate approximately 3.25 acres to community gathering and religious worship facilities.Approximately 3 acres would be reserved for the'religious worship facilities and 1/4-acre set aside for a community center. The area dedicated for community gathering and religious facilities would be comparable to the Public/Semi-Public (PS) designation under the General Plan. • Roadways —The remaining balance of-the affected land area, approximately 35 acres; would become private roadways to connect to the clustered residential development. The proposal by FT Lands, LLC, to establish.a_new rural mixed use designation for the Tassajara area raises a number of concerns.The following enumerates and summarizes staff's concerns related to this General Plan Amendment study request: 1. General Plan.Consistency: Contrary to the term"rural residential"as used in the General Plan, the proposed clustering of residential development would actually be quite urban in nature, because the actual residential density..results in approximately 3.9 units to the acre (770 acres/194 units = 3.94). This would be comparable to density found under the Single Family Residential—Medium Density(SM) designation in the General Plan; which has a density range of 3.0 to 4.9 units to the net acre, and is deemed an "urban" land use under the General Plan. Additionally,the proposal invokes a residential density bonus and includes 24 units of multi-family residential, each of which are more typically found in an urbanized setting. It is also apparent that the proposal would require the extension of urban services(e.g.water and sewer services)to the Tassajara area in order to support the residential development component. It is noted that the General Plan contains several policy statements and implementation measures specifically aimed at discouraging the ektension,of,urban services across the Urban Limit Line, especially services such as water and sewer which could be deemed as growth inducing. Taken together, the residential density issue and the need for urban services (water and sewer services),there is in staff's mind a substantial question as to.whether certain aspects of the residential component under the proposal could be found consistent and not in conflict with the General Plan as a whole. 1 1.CA Govt.Code section 65300.5 mandates that a General Plan be integrated and internally consistent among all elements and within each element. July 24,2007 Board of Supervisors County File:GP#07-0009(FT Land,LLC,Tassajara area) Page BACKGROUND/REASONS FOR RECOMMENDATION - continued 2. Traffic Capacity: In;January 2004, the County entered into a comprehensive agreement to settle litigation with the. Town of Danville related to the approval of the Alamo Creek and Intervening Properties developments. Through this settlement agreement the County agreed that, if and when, it receives an application for development east of the Blackhawk Road/Crow Canyon/Camino Tassajara intersection it will conduct traffic studies in accordance with certain protocols and if it is determined that no capacity exists within the intersection to accommodate traffic from future development, the County will deny future development on that basis. It is not clear that.the level of development which would be permitted under the proposal by FT Land, LLC, would exceed the capacity thresholds.established in the 2004 settlement agreement. 3. Viability of Intensive, Cultivation-Based Agriculture in Tassajara Area: The proposal assumes more intensive cultivation-based agricultural production than has historically been supported in the Tassajara area. While the proposal provides information on projected agricultural yields, it is not clear such cultivation would be viable given the present water limitations in the Tassajara area, or, whether the soil is capable of supporting such cultivation. It is noted that this area has historically only supported grazing and dryland farming. 4. Agricultural Component Link to Residential Development Component: Aside from the question of whether cultivation-based agriculture would be viable, there is also the question of how the agricultural component would be linked to the residential component. There is little information as to who would own and operate the area set aside for agriculture. The proposal describes the agricultural cultivation "as private, communal, and public deed. restricted". Presumably,this means that a homeowners association would hold fee title to the approximately 211 acres of dedicated agricultural land, and it would then lease these lands to a farm operator(s). 5. Preservation of Tassajara's Open Space/Agricultural Character: The proposal by FT Land, LLC, affecting 770 acres (+/-) together with the nearby 221-acre Creekside Memorial Park Cemetery could effectively and dramatically alter the rural and open space/agricultural landscape now present along Camino Tassajara. 6. Challenging Environmental Review:The California Environment Quality Act(CEQA) review for this proposal will be a challenge. Because it is more of a development concept involving at this point only a policy change(no development entitlements such as subdivision map, development plan, etc.)the level of detail for environmental review purposes will likely be limited unless more detailed information becomes available. This will create inherent challenges .and potential complications in preparing the CEQA review, and may generate significant comments from reviewers seeking more detailed information than is available. Of the six concerns listed above, staff believes the most substantive relates to the matter of General Plan consistency. As presently described, it remains to be seen how the clustered residential development component to the proposal could be found internally consistent with the whole of the General Plan. The other five concerns listed above are matters that could be resolved in the course of the General Plan Amendment study. July 24,2007 Board of Supervisors County File:GP#07-0009(FT Land,LLC,Tassajara area) Page 5 BACKGROUND/REASONS'FOR•RECOMMENDATION - continued Despite the concerns listed above, staff is recommending that the General Plan Amendment study be authorized. The proposal does present a unique opportunity to preserve significant and strategically located acreage in the Tassajara area (approximately 683 acres) as permanent open space and agricultural lands. The proposal also has the potential to help establish a policy framework for future development in the rest of the Tassajara area, which has historically been a contentious matter for the County. This recommendation for General Plan Amendment study authorization, however, does not imply support or endorsement to establish a new rural mixed use designation for the Tassajara area. Rather, staff believes this matter is appropriate for study subject to review of including but not limited to the six concerns listed above, especially a close examination of questions relating to the residential component's proposed density and extension of urban services across the Urban Limit Line. Attachments (2) Exhibit A: Letter requesting General Plan Study Authorization for FT Land,LLC,submitted by CecilyTalbert, Bingham-McCutchen, dated May 31,2007 Exhibit B: Maps of the Subject Parcels(APNs:220-100-023,206-030-065,and 223-020-018/016),including Aerial Photograph, General Plan Designation, and Zoning District G."1dvancc Planning`.adv-plan�GPA Rcquc0slftlandllcgoarecueslbo.doc ADDENDUM July 24, 2007 D.6 General Plan Amendment Study "New Farm" Project Patrick.Roche, Community Development Department, presented the staff report. Mr. Roche noted that FT Land, LLC (applicant) proposed an entirely new land designation (Rural.Mixed Use) for the property along Tassajara area, a unique instance the Board of Supervisors has not considered.before. Mr. Roche recounted the six areas of staff concern for consideration, as outlined in the reconunendations!:in the Board Order. Chair Piepho called for comment on the matter. The following people spoke in favor of the study: Tom Koch, on behalf of the applicant; Cecily Talbert, Bingham-McCutchen, on behalf of the applicant. The following people spoke in.opposition to authorizing the study: Lech Naumovich, East Bay California Native Plan Society; Christina Wong, Greenbelt Alliance; Seth Adams, Save Mt. Diablo; Ron Brown, Save Mt.Diablo. In response to Board member questions, Dennis Barry, Community Development Department Director, explained that staffs recommendations to authorize the General Plan Amendment study, as requested by FT Land, LLC, were based upon a willingness to listen to the proposal and evaluate the environmental impacts and policy implications. In addition, staff would be carefully considering throughout the process whether any changes to the Land Use Element of the General Plan would cause violations with the Measure J growth management requirements, which could affectthe County's return-to-source funds from the 1/2 cent transportation sales tax. Mr. Barry also noted the applicant faces :a very high hurdle in showing the proposed uses are consistent with the non-urban uses outside the Urban Limit Line(ULL). Supervisor Piepho noted that while the study did not imply any support or implicit endorsement of a General Plan Amendment, the study would benefit the County by providing factual information on whether the proposal is consistent with the County General Plan and the ULL, at the developer's expense, with the potential to help establish a policy framework for future development in the Tassajara area. Supervisor Uilkema said that the issue of clustered residential development in agricultural areas will rise again throughout the County and the Board has not had the opportunity to fully examine it. She said she feels the issues of residential clustering within rural, agricultural areas and;,the use of agricultural land outside the ULL need to be addressed from a policy point of view in order to give guidance to staff and for ultimate incorporation into the rules and regulations of the County. Supervisor Glover said that while he.has no interest in further discussion of the ULL, he believes other similar proposals are sure to be presented and the study could provide facts on which to base good policy decisions for the future, at no expense to the County. Supervisor Gioia noted that authorizing the study would enable a'higher level of environmental review of the plan area and a more in-depth review of the concerns identified in the staff report. Supervisor Bonilla remarked that while doing the study would not'imply support, it is a step toward redefining something versus simply acquiring more information. She expressed her concern that the proposal was' essentially placing farming around an urban development and is not what is truly meant by a rural residential designation. She noted her support of the ULL and her belief that creative development within the ULL is far from exhausted. . . . � . . �: , .. .. . . ..: :. .. _. �� � � ,. � . . �. ,. j . . �� � '. � ' :.i ': . �' � ,�. '.' •i � � i �, With all Supervisors present, the authorization for the General Plan Amendment study and staff recommendations, as described in the Board Order, were approved by a 4 to l vote, Supervisor Bonilla dissenting. r Exhibit A:. Letter requesting General Plan Study Authorization for FT Land, LLC, submitted by Cecily Talbert, Bingham-McCutchen, dated May 31 , 2007 B GHAM I Cecily T. Talbert Direct Phone: 925.975.5339 " Z Direct Fax: 925.975.5192 cecily.talbert@bingham.com Our File No.: 0000310159 May 31', 2007 . w VIA FEDERAL EXPRESS Dennis M. Barry, AICP Community Development Director Contra Costa County Community Development Department 651 Pine Street, 4th Floor, North Wing . Martinez, CA 94553 ' Re: Pereira/Rasmussen Properties, Tassajara Valley, "New Farm" Request for General Plan Amendment Study Authorization Dear Mr. Barry: I am writing on behalf of FT Land LLC to request.authorization from the Board of Supervisors for a General Plan Amendment Study for the Pereira/Rasmussen properties (the "Properties") located in the unincorporated Tassajara Valley and owned by FT Land. The proposed development of the Properties is called "New Farm." The Properties total approximately 770.13 acres and:are located east of the City Boston of San Ramon.and the Town of Danville and northeast of the City of Dublin. The Hartford Properties are within the City of San Ramon's_Eastside-Specific Plan Area and Hong Kong the City of San Ramon's Tassajara Valley planning subarea. Approximately London Los Angeles 614.75 acres are situated on the western side of Camino Tassajara south of New York Finley Road. The remaining approximately 155.38 acres are situated less than Orange County I one-half mile to the north, on the north side of Camino.Tassajara, west of Finley San Francisco I Road and adjacent to Tassajara Hills Elementary School and diagonally across Santa Monica Camino Tassajara from the Alamo Creek master-planned community. The Silicon Valley Properties are non-prime agricultural.land and are currently uncultivated and Tokyo used for cattle grazing. A vicinity map identifying the Properties is attached Walnut Creek Washington hereto as Exhibit A. The Properties are adjacent to and outside of the County's 2026 Urban Limit . Line. As such, development of the Properties is limited to rural residential and Bingham Mc[ulchen LLP other non-urban uses. 'The Properties are currently designated Agricultural Suite 210 Lands (AL) by the Land Use Element of the Contra Costa County General Plan. 1333 North California Blvd PO Box V Under this land use designation, the Properties are.eligible for development Walnut Creek,CA under the General.Plan's "Ranchette Policy." This Policy permits rural residential 94596-127° T 925.937.8000 F 925.975.5390 bingham.com Dennis M. Barry, AICP May 31, 2007 Page 2 development through the subdivision of lands into 5-acre parcels. Rural residential development outside of the Urban Limit Line is encouraged to utilize clustering of homes, agricultural preservecontracts, transfers of development rights, and buffers between urban and agricultural uses. The Properties are currently zoned under the A-80 Exclusive Agricultural District. FT Land proposes a General Plan Amendment which would redesignate the Properties as a rural mixed use area to permit a combination of agricultural and rural residential uses;along with associated open space, parks and.recreation, roadside farm stand and public and semi-public uses, which may include a religious worship facility if it can be accommodated within the final land plan. The purpose of this Tassajara Rugal Mixed Use (M-[1 1]).designation would be to provide for the establishment of active and economically viable agricultural uses on the Properties through permanent dedication of uncultivated lands to active agricultural uses and-the construction,of low density rural residences in small development clusters. This Tassajara Rural Mixed Use category would require that (a) at least 75% of the Properties be permanently preserved for agriculture or open space uses through the conveyance of development rights, grants and/or open space and conservation easements, (b) single-family dwellings on the Properties be located on lots no less than one acre in size, (c) the density of development on the Properties not exceed one dwelling per five acres (before mandated density bonus), and (d) such dwellings be located and designed consistent with the. agricultural use and character of the surrounding area and, where feasible, be clustered in small groups to maximize active agriculture and open space uses and to minimize grading. Preliminary.conceptual site plans reflecting such requirements are attached hereto as Exhibit B. Under the Tassajara Rural Mixed Use designation, FT Land envisions the following approximate,mix of development on the Properties: Approximately 2.11 acres (about 27.5% of the Properties) would be required to.be-dedicated to active cultivation as private, communal, and public deed- restricted agricultural lands, with uses comparable to the Agricultural Lands (AL) designation under the General Plan. Agriculturaluses would include the cultivation of.olive and fruit orchards, grape vineyards, and vegetable gardens for commercial and community serving consumption. Organic and sustainable farming practices would be used where feasible. Intended agricultural operations on the Properties would provide an important source of locally grown fruit and produce. A roadside farm stand would be located on site on a 1/8-acre parcel for direct sales of fresh fruits and vegetables to the community. Approximately 1 acre would be provided for community stables and farm animals. As set forth in Exhibit C attached hereto, projected agricultural yields 'for cultivation of the Properties in this manner would include, 270 tons of olives per year, 450 tons of orchard fruit per year, 145. P.ingham McCutchen LLP 0 binKham.coin y; : Dennis M. Barry, AICP May 31, 2007 '. Page 3 tons of grapes per year, 25 tons of other fruit and about 50 tons of vegetables . per year. This would result in harvests of 940 tons (1,880,000 pounds) of food per year. • Approximately 40.28 acres' (about 5.25% of the Properties) would be devoted to rural residential'uses and could be developed with clustered rural residences'. and related rural residential improvements. After the State mandated density bonus, as discussed in Exhibit D attached hereto, rural residential uses on the Properties would include 169 single-family rural residences'on 10,000 square-foot building pads on lots of at least one net acre, uses comparable to the Single-Family-Residential Low (SL) designation under the General Plan. The remainder of each lot would be designated and deed-restricted for agricultural or open space :uses. To provide affordable' . housing for moderate income families, approximately 5 acres would be set aside for,the provision of five triplexes on 10,000 square-foot building pads on lots of at least one net acre, uses comparable .to the Single-Family Residential.'Low'(SL) designation under the `General Plan. To provide affordable housing for very low income families, an additional approximately 1/3 of an acre would be set.aside for the provision of approximately 9 multi- family units, uses comparable to the Multiple-Family Residential Low (ML) designation under the General Plan. These :units affordable to very low. income families could provide local housing for persons employed on the Properties or near-by farms. Overall, the proposed development provides for 16%' of the residential units to be affordable and therefore exceeds the County's inclusionary housing requirement of 15%. • Approximately 472.63 acres (about 61.25% of the Properties) would be comprised of open space lands subject to deed restrictions on future development, resource management areas, and low intensity passive recreational-.uses; uses comparable to the Open Space (OS) designation under the Gneral Plan. • Approximately 8 acres (about 1% of the Properties) would be dedicated to public parks:and public recreational facilities, uses comparable to the Parks and Recreation (PR) designation under the General Plan. Such uses would include a 2-acre environmental education center jor hands-on agriculture and nature related programs. The Properties would include approximately 24,000 ' This figure assumes there would be 174 units, each occupying 10,000 sq. feet, which is 1,740,000 sq. feetvor 39.95 acres, plus 0.33 acres of multi,family units, for a total of 40.28 acres. Bingham McCutchen LLP bingham.com ---- — — — — Dennis M.'Barry,,AICP May 31, 2007 Page 4. linear feet (about 5 miles) dedicated to a public trail system designed to connect with and.complement existing area trail networks. Approximately 3'.25 acres (about 0.5% of the Properties) would be dedicated to community gathering and religious worship facilities, uses comparable to the Public sand -Semi-Public (PS) designation under the General Plan. Approximately 3 acres would be set aside for:.development of a church or other religious worship facility. Approximately' % of an acre would be set aside for development of a public community center. • Approximately 35 acres (about 4.5% of the Properties) would be roadways within the development, which would 'be owned and maintained by the homeowners' association. This approximate mix of uses, including rural residential uses, would contribute approximately 770.13 acres (100%) to the County's inventory of Non-Urban Land outside of the Urban Limit Line under the County's 65/35 Land Preservation Standard, as summarized below. Proposed Use Acres Percentage of the Property Agricultural 211.00 27.50% Residential 40.28 5.25% Open Space 472.63 61.25% Public Parks and Recreation 8.00 1.00% Facilities Community Gatherind and 3.25 0.50% Religious Facilities . Roadways 35.00 " 4.50% Total 770.13 100% In addition, development of the Properties would allow for an encroachment for grading and would provide fill to allow for the expansion of the Tassajara Hills Elementary School parking lot to improve circulation and increase school parking. Further; as proposed, this development will not only promote continued , agricultural uses'in the Tassajara Valley, but will also create a permanent buffer between local agricultural uses to the east and urban,;uses to the west. ol Bingham McCutchen LLP bingham.com Dennis M. Barry', AICP May 31, 2007 Page 5 Should the requested General Plan Amendment Study be authorized, FT Land also requests that the Board enable the Community Development Director and his staff to modify, as necessary, the proposed land use designation and configurations to accommodate the provision of necessary infrastructure and improvements as the'project proceeds through the hearing process. Please place this request on the Board of Supervisors' agenda for its consideration. Thank you for.your attention to this matter. If you have any questions, please do not hesitate to call me at (925) 975-5339. Sincerely yours, Cecily T. T ert Attachments: Ex. A-Vicinity Map Ex. B-1 and B-2 - Preliminary Conceptual Site Plans Ex. C - Projected Agricultural Yields Ex. D - Preliminary Affordable Housing Plan cc: Mary N.-Piepho, Chair of the Board of Supervisors John M.- Gioia,'Board Member Gayle B.,Uilkema, Board Member Susan Bonilla, Board Member Federal D. Glover, Board Member Patrick Roche, Principal Planner Catherine Kutsuris, Deputy Director J Bingham McCutchen LLP binghain.com Exhibit A Vicinity Map. New Farm Bingham McCutchen LLP bingham.com Exhibit B-1 Preliminary Conceptual Site Plan New Farm - South Parcel Bingham McCutchen LLP bingham.com Exhibit B-2 Preliminary Conceptual Site Plan New Farm - North Parcel Bingham McCutchen LLP bingham.com Exhibit C Projected Agricultural Yields (Estimated) Orchards & Vineyards Acres Tonsfacre Yield (tons) Comments Olives 90 . 3 270 2001 CS Apples 10 25 250 2001 CS Pears 10 20 200 2006 CS Grapes 29 5 145 2004 CS -. organic Total tonna a for market 865 Fruits & Vegetables Acres Tons/acre Yield (tons) Comments Raspberries 1 10 10 2005 CS Strawberries 1 15 15 2006 CS- organic Lettuce 2 9 18 2004 CS - organic Broccoli 1 7 7 2004 CS - organic Beans 1 5 5 2005 CS Other Vegetables ' 4 5 20 Average tons/acre Total tonnage for community. families 75 Total-Estimated Yields in Tons 940 Yields from Cost Studies (CS) produced by California Agriculture Extension @ UC Davis Fruits and vegetables available to feed 200 community families; any excess to be sold at community farm stand Bingham McCutchen LLP bingham.com. Exhibit D Preliminary Affordable Housing Plan The Pereira/Rasmussen properties (the "Properties") total approximately 770.13 acres. The Tassajara Rural Mixed Use designation would permit density of development on the Properties of up to 1,dwelling unit per 5 acres. Under this designation, as well as under the General Plan's current land use designation, the Properties, totaling 770.13-acres; could be.developed with 154 dwelling units. Of these 154 units, the applicant is proposing to provide 15 units (10% of total units) affordable to moderate income families and 9 units (6% of total units) affordable to very low income families, leaving 130 market rate units.2 Under the State Affordable Housing Density Bonus Law, the applicant would be entitled to a mandatory density bonus of.27.5%, resulting in 43 additional market rate units.3 The applicant would elect to utilize 39 of the 43 available bonus units. The 154 base units plus the 39 bonus units yields a total of 193 units, of which 169 would be market rate.4 Type of Unit Number of Percentage of the 154 Allowable Units Units Market Rate Units 130 840X6 Market Rate Units 39 From Density Bonus Units Affordable to Moderate 15 10% Units Affordable to Very Low 9 6% Total Units 193 100% plus units from Density Bonus 2 These unit counts would meet and exceed the County's inclusionary housing requirements which would otherwise require that 15% of for-sale units be developed and sold as inclusionary units with at least 20% of such units affordable to lower income households and the remainder-affordable to moderate income households. Contra Costa County Municipal Code §822-4.402(d). 3See California Government Code §§ 65915(g) (2) & (4). The result is 42.35 bonus units. Under Government Code §65915(g)(5), all density calculations resulting in fractional units "shall be rounded up to the next whole number,"which would provide here for 43 bonus units. 4 169 market rate units plus 5 triplexes (15 units affordable to moderate income families) equals 174 residential buildings with.an additional'structure for the 9 very low income units. Bingham MCCLItchen LLP bingham.com Exhibit B: Maps of the Subject Parcels (APNs: 220-100-023, 206- 030-065, and 223-020=018/016), including Aerial Photograph, General Plan Designation, and Zoning . District 7r' �Cc. Co . I 1�, � f�lr�l,.!f•• rrllr�' :r et•-.aril 96, cn OM Cm z 1 cn -j Z I ,tr c����rf• '�'�• '�' U)D D OR u' , o`�i,/�//' .'�•.::fit::•a�• ;y�� •� Q T :Y7131 J`1 c:cr �+ �r .* _ .1 t :��'j'' AZO-df•!—L�: � r;U Z i — G.0�3;7HVL : 7?Hl)1 Ji 1 D 0 rr ♦ I / m OD Z++ m C/3 cn AY C) C:) 4 — - = REQUEST TO SPEAK FORM (3 Minute Limit) I wisli to speak on Aeenda Item#: Complete this form and place it in the upright box near theDate: 2 Y/o--? speaker's podium, and wait to be called by the Chair. My commei swill be: ❑ General Personal information is optional. This speaker's card will be incoil.yorated into the public record of this meeting. ISV For I� �L7 EJ Agai.nst Name(PRINT): / 6 (,4 7o ensurevoen•name is arenouriced correctly,you may wmit to include its phonetic.spelling O I wish to speak on the subject of: Address: 1-317 4-/Z City: _.---Phone. O --7d /—' 0-7 y Y • I aur speaking Cor: Nlyself t .Organization: JC�T Lc1 EJ I do not want to speak but would like to leave continents for the .Board to consider C� ("Use the back of this form) information for Speakers: .In lieu of speaking, I wish to submit these comments: 1. Deposit this form into [lie upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair.Please speak into the inicroplione at the podium. 3. Begin by stating your name and your city or area of residence, and whether you are speaking for yourself or on behalf of an organization. . 4. If you have handout materials, give thein to the Clerk. 5. Avoid repeating comments made by previous speakers. 6. The Chair may limit the time allocated to speakers so that all may be heard. 'QUEST TO SPEAK FORM (3 Minute Limit) I wisli to speak on Agenda Item M Complete this form and place it in the upright box near theDate: 2y �� speaker's podium, and wait to be called by the Chair. My coni nts ill be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. � >5C'For ' I�,", ���/// ❑ Against Name(PRINT): — I Yt� To ensure your nine is annoarrce comectly,you may ivant to i clude its phonetic spelling I wish to speak on the subject of: Address: 1333 R. WA Md. 4 Z 1 b ew Farm Ai 'ed City: WA�. vi Cye Y, (A acppGC�l�s Phone: I aril speaking Cor: ❑ Myself G Organizat.ion: . f ❑ 1 do not want to speak but would like to F rip(ArCQi?1 leave cotnrnerrts for the Board !o consider 7 (Use the back of this jbi•n:) Information for Sneakers: In lieu of speaking, I wish to submit these comments: 1. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair.Please speak into (he , microphone at the podium. 3. Begin by stating your name and your city or area of residence, and whether you'are speaking for yourself or Oil behalf of an organization. A. If you have handout materials, give thein to the Clerk. 5. Avoid repeating comments made by previous speakers. 6. The Chair niay limit the time allocated to speakers so that all may be heard. REQUEST TO SPEAK FORM (3 Minute Limit) I wish.to.speak on.Agenda Item #: T)�a — Con.iplete this forni andplace it its the upright box.neat the Date: ,_.... .:. .�h . speaker's podium, and wait to be called by the Chair. comments will be: ElGeneral Personal ii formation is optioiial. This speaker's card will be incorporated into the public record of this Meeting. ❑ For Naive (PRINT): ��C1� Np oM,OV is�A ❑ Against 7o ensure your name is announced correctly,you miry mint io include its phonetic spelhiig . ❑ :Lwish to speak on the subject of. Address: I ba I S)- 105 City: W C C r� Phone: 13� 0335 I am speaking for: ❑ Myself Organization: EaS�. 8A-� ❑ I.'do not waist to speak but would like to �� NATt�� SAN' leave comments for the Board to consider C./\ F . — (Use the back of this,forni) lnforination for Speakers:' In lieu of speaking, I wish to submit these comments: . I. Deposit this form into.the upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. I Begin by stating your name and your city or area of. residence; and whether.you are speaking for yourself or on behalf of an organization. 4.. If you have handout materials, give them to the Clerk. _ 5. Avoid repeating comments made by previous speakers.. 6. The Chair may limit the time allocated to speakers so that all may be heard. REQUEST..TO.SPEAK•.FORM (3 Minute Limit) I wish to gbi ak on Agenda Item #:PL. Complete this .form and place it in tfie upright box near the Date: 12,,f.(O speaker's podium, and wait to be called by the Chair. co iments will be: ❑ . General Personal it formadbn is optioiial. This speaker's card ON be i incolporated into the Public.record of this iiimang. ❑ For Name (PRINT): Lld Against To ensure your name is announced correcdv,you m v i.mit to include its phonetic spelling . El I wish to speak on the subject of- Address: fAddress: I - Adi, , City: 1-1-hIn orti'AP. I am speaking for: ❑ Myself . Organization.: ❑ Ido not want to speak but would like to ���/„/��//����� leave.comments for the Board to consider i t//c: _ -- (Use the back of this ftir•»r) Information for Sneakers: . .. ,.....:... _ . ..:. . . ... : in lieu of speaking, I wish to sitbtnit these comments: . I. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of Your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3 Begin by stating your name and your city or area of . residence,..and.whether.you are speaking for yourself or Oil behalf of an organization. 4. If you have Handout materials; give them to the Clerk. S. Avoid repeating comments made by previous speakers.. 6. The Chair may limit the time allocated to speakers so that all may be heard. �• REQUEST, TO. SPEAKEORM (3 Minute Limit) I wish to speak on Agenda Item Complete this formand place it in the upright box.near the Dai e- . :. 1 G speaker's podium, and wait to be called by the Chair: My com a is will be: ❑ . General Per•smial igfor•matiorr is optional. This speaker's card will be into►porated into the public r•ecoid of this meeting. ❑ For . (PRINT): Against Name PRINT . 7 o ensure yottr rtante is arvtounced correctly,yoti ntcn x,mtt to include itT phonetic spelling . ❑. .l wish to speak on the subject of: L baa j Address: City: &✓ Cl ( �I•� . ,GJ c,G ? 1 am speaking for: ❑ Myself 0 gaiiiza.tion: �.. ( ❑ 1 do not want to speak but would like to leave coiniiierits for the Board to consider ! BLI�g2l" - (Use the back of this for•ni) i Information for Sneakers:. . . .•.:: In lieu of speaking, t wish to submit these comments: 1. Deposit this form into the upright box next to the speaker's'podit' before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3. Begin by stating your name and your city or area of... residence, and whether you are speaking for yourself or, on behalf of an organization. 4. If you have handout materials, give them to the Clerk. 5. Avoid repeating comments made by previous speakers.. 6. The Chair may limit the time allocated to speakers so that all may be heard. REQUEST TO. SPEAK.FORM (3 Minute Limit) I wish to speak on Agenda Item#: .. ;� Complete this form and place it in the upright box near the pate: speaker's podium, amid wait to be called by the�Chair. ... My cOwish will be: ❑ .General Personal information is.optiondl. This speake'r's card tivill he himporafed into the pithlic record of this iime'eting. ❑ For Name (PRIN'ry' lee. . ; �R-D e./� Against To ensure your name isannounmd correctly,Volt may ivant to include its phonetic spelling _ ❑ o speak on the subject of: Address: fq e, OL Ko,411& City: [„1 C. . i cls 3 ` � ? , S� Phone: I am speaking for: ❑ Myself Organization: 0 I do not want to speak but would like to leave comments for the Board to consider. (Use the back of thisform) j Information for Sneakers:' In lieu of speaking, I wish to submit these comments: 1. Deposit this form.into the Upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3. Begin by stating your name and your city or area of - residence, and whether you are speaking for yourself or oil behalf of an organization. . 4. If you have handoUt materials, give them to the Clerk. 5. Avoid repeating comments. made by previous speakers. 6. The Chair may limit the time allocated to.speakers so that all may be heard. County t=ile: GP#07-0009: General Plan Amendment Study Authorization (Request for New Rural Mixed-Use Designation. in Tassajara Area: General Plan Designations Blacktiawk/Tassajara Tassajara Hills Elementary School 220100023 \- Johnston Rd Meadow L'•ake0r, F2060300651 o I ° V) Isese General plan Amendment proposes changing the Parcels highlighted in yellow 223020018 from AL (Agricultural Lands) to new Rural Mixed-fisc designations � J/ 1 '• R Parcels selection aUrban Limit Line ! i City Limits SL(Single Family Residential- Low) j SM (Single Family Residential - Medium) 223020016 ❑SH (Single Family Residential - High) ❑ML(Multiple Family Residential- Low) ❑MM (Multiple Family Residential - Medium) Z 0 MH (Multiple Family Residential- High) ❑MU (Mixed Use) ❑PS (Public/Semi-Public) ❑PR (Parks and Recreation) rQ F]OS (Open Space) � ❑AL(Agricultural Lands) I acme]ft f rz W7 This mo,or eemset,ms mated by tine Contra Corm Camry Community W,alopment Feet by Contra Costs Co-ly Cammuniy Dwdopmem GIS Group Department wth darn from line Contra Costa County GIS Program.Some ' 651 Pino Street,sN Floor NOM Wing,Morhnpx.CA DC557-0095 iso Je_i,primarily Cky IJmns.is derived Ira^Ne CA Smte Boord al Esuslixntion s - \— 07.59 Aa r 1g2.9,Mo ts-3114W fn'rot._'.Mite ebagamd m use Nis dam he County assumes no respon.w..•ty w 0 625 1 ,250 2 500 bproduce Thisnurrmnminscopyso,, mfcitAd L aMmay not bealtered Itmayba reproduce in:a nurenl amu lI os sou,a Is mild lasers a•Nis r^npagrea lu ratio and f omepl No County of Contra corm disanmrer of Imdliry for geographc Inlommoon. FARM?; t . �,;�'�:`�lt�jj::,`;�► ..i f I. _ 7CIUSTER , t I,_ — Y t +; .,.• `h .y � 1.�+ r;... ~ H LLSiDE CLUSTER kr. �� "" _. i t_ ,, � �',�..,�;�/��.• ��4 - ,., TER .. GRASSLAND 'S jam., },,•'�`•� ' ,.�•i� \' i t ''Y•.' A - -' �/'. #:yry�'°•t;, ,1 Y'N'� ••J}',.•:��� '•� :, .« S�_. ..:�..: ^}tQ tom' .. JOHNS <OLIVE C}RCMAi2DS`',i:,,,ti;',•' . _ , ,_ { 'x., ♦' _ 5 /rte'\ .•...' � .�' }{�•: ', `: '. '- � S V • ,'} _ ---�':_,::._l 4.,,.rj y.,• _ ;..4 '"'``'�`r r -tiEDGEROW ! 1 , ,td �.• �h ,'!i ��'� 1 `'FC.: '*+'•a ,thy. .�v;Y ;.•:_t .�� '1 ._ .1 t . .. .. 1 'q� g` � ,'.,x `",,.4'•: "'Z.+,.�� '{� .-) -vs^V� rlt ,_. 1 !.sa'"x. i 5�. -`� .n'r~;t;:;(:: c lr'yi;�. ^fes, 9' � `:w!`S'--__ '6�„"•`•'�',. .. +'ql._ �' `•; ;," c : x?i - COMMUNITY: STABLES:.ro .. IV yuj �5+,,,art,��,�iJ[�Z �§.; � j ��: '•',,_W�.{ y r {. r •C`• 1 1 1 sa •ice. c • CALIF0 I OAKS-- IL "1 CLEQUESTRIAN/ � s .!►: Eli' rpt PEDESTRIAN ^- TRAILS .`. i COMMUNITY OPEN SPACE VINEYARDS ' ''v co t+uY'✓-.:"' r.•:"" --"`: ,•;`s' - COMMUNITY 'CENTER cr USI :.,t+:``'4'•.:.- 4f :'' �� V'4' �y+ :. '�h. '3 M}it°' 1 1 • ..P.• �ry 1_ 13 -J.. "`� .tr i�t .;t-.`•i' •'ti}':.;.~� 4!'� �,'�:~r1����i ,{c 5�+t�� j ,.+r:. � ^�:4* f1 D,:.a� y:'`,�':y� ,� a�`fi,,, f © �Y y" 4}'Z,'•.. 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' ; '� ''UEGE7ABLE i i��, #' =• �f: 'd ' a;r'i�'. .,. , x .GARDEN. ,w 15 � :•rrte,•`;�,'.*„,',•, •».� ,'+;�;'•= y...,.. � COMMUNITY ''•:`r,!.,. rv.,`;,,f,,L..,�,•.ry•�°?+�:��� F --'-,FARM STAND •�; .�+4.f. +,. :.gin ''� _ wF. �''"' cy'ix: „'w , :I '*', '�' ;:;;".,~:'�; . �, ;ti „•,..; ;,,: �'�y/'�? ;...E+� ryyj} ,,,'"��,` �,F�+•:. GOURTYARD�� ":4;„ :t_�:.,<�'''{ l.. .r,' �,'E����`",f-y�-'c �`'9.•X'f`jam? i jl t. ''• ENH'ANCED:,, ,.. ENVIRONMEN AL ;1ti � � ,t. 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"try 't�j:. ..-•�i "�,�. t! •'f.11`' -i-" �e .' -7t", +`. `'�,�'�. - tg;,t_s.r•, y� w. ..33 •�„J__c ,�� •' �.rr �� ..r:.�-r. ,�,�' �”/Q •t} }•qty^'• a•t_'` 3�4 �": a- ❑\ ` \ °�'Aw + IT 11 71 :� 6s.•'-" i �� •�y _�� � �' is '".�+., ti ;�1"�;.i ..S ,. 1- t b . ---fake pr ', �' 206030065 /'Meadow -^ �.--- �: A. er' -'`�• '.....�, - }�,� tit ,� "�, !, '�'-iC;:,�d® ...�h?`i �'��'�i ;I� y�'S• 4��•� +�C•'.J�`e�, t'-i as�• C. �h t_ r�,,.,...y� '- �i o .M:ra .Yf 'l A`%p=,. dq+)k,.. �`r•, .�+�"�•+'o'lt� o (rt,-�.I� t .g.9 J. "t k ,e.e,�yn iaM g ;R's t5r+'e�;.ti• '',.K' - tA�%' e�':;`'•�''�•:rtt;`;4ti' t4 .:t: i �Q•y� .r. nkA:. -f ,«btiq, ?{ 9";!d 'Si,-, .: 'y .. rte ;t-._'�'::� f,'.may �•: . �.- �,:• may. •< 1;. o q •x2k. •"i'�. Sq rOrv' • Out' •a•i� �,t;' 1 o _._-_S•1 ,..-•-� ��`"i' ; �' t � so�iii:n,�:e, I plan Amendment Generas changing 223020098 .° �• �" ' , -, proposes � �® fr9$ in yell® parcels iC'',} M u uta Lands) ,° � � 0��6N�$Wilf W� L4��1n� � �, from � � � � `. Mixed-Use designation. et. new (fur 0 il�il' $® aG i ! 1• `rr Parcels selection ❑❑ Urban Limit Line + p ' - _ 223020016 13 City Limitsis :1'`,• Y_L.r ` - �pi Npti s';�.•,'t'2;'! •Ytl I!� � - R''` Q �.-.J . .1.5 ,t Akr. rye,• ��� ��r, • A. eL7Ty- It o '�� - ++ ''.� C;�;`=��' ,.: �' � `�a~`+t�• ifs":;. -' ' Seal!Rsov on'. AN �� °4f- �; a ;�•;�� ' , r ��, :�` y. � .., Is `, }r,; j ;}L• ':t j .R, N ' i na'UM'1i\t2OO7 ,i mop or tlausetwas creabtl q'VwC ee CatLL Camry Commvn•.Y Oowiopment Feet COQ"O^:mm OWo from no Cmua Cpia CA yGIs Pmgre Some by Contra Costa Couy Commu,xry povabpmons.GIs Group pat°dab.pnmanp City Unos.is do,J J htm no CA Sbta Boma o,Ewoi--eon's $5,Phw S.roet.4m F.N W W M"_r CAI;"sM-OOJS w raM arses.Whib oWg"to U.nis da4t no CP 14°s-iris no Ml-'s M6ty lot _- 2,S V O 37:590,455N t22 O8.35,384W its x y This flap wnlains woyrl9htod intommeon may trot ba¢taro" Il awy ;. 0 625 1,250 oplodi,odroittisife t,bneetto�osc'ed U.erfetmitm Pe9,aaIa,aad ua 9¢ep,no Co ty of Conee Cosh mYleimer W h:MLry In geogiaphic Vn ormation. I aw i ii 1 \�` .r i County R=ile: GR'#07-0009: General PIan.Amendment Study Authorization Request for Blew Rural Mixed-Use Designation in Tassajara Area: Zoning Districts Blackhawk/Tassa'ara t i fTessajars Hills Elementary School --- -=-- [2201000231 1. . �.._. .... ! Johnston Rd Meadow,Lake;Dr. li a ( i F2060300651 .0 General Plan Amendment . I proposes c0•oanging the � Parcels highlighted in yellow 223020018 from AL (Agricultural Lands) \ to new Dural Mixed-Use designation.l. Rd� Parcels selection I ■ Urban Limit Line 1 j !City Limits Zoning Districts ZONING 223020016 A2 ❑A-3 - ❑A-40 ❑A-80 �. ❑P-1 �.sa0 ,lRa 10 oin l Nap craabtl]/11200] This map or dl—et was created by the contra Costa court'Community Do-opmant Feet W Contra Cosm County Community Development.GIS Group Depmm,aat w;m wm no Contra coria Coony GIS Program.some 651 Pine Street.4N Floor North Wing Marhnea,CA 945 G OC95 base data.plmariiy City IJ^:,,is Jeri ted!rom the C.1 Stale&I of Equs xa±on's I Lnx mto areas.While obligated to use this dila me Court'assumes no rosponsibiliy Icr -`•_� 0 625 1 ,250 2 500 .0]59.49A55N 1M0505.W4W Its accuracyThrsmap con cupyrightedlnf--on and maynotbuattomtl it may bo ; ecroducud in its cunont sato if the source is tiled.Uses of Nr,map agree to rand and ! accept Ow Court'of Contra Costa disclaimer of lit].iN for ge�gmohic informaton. -