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HomeMy WebLinkAboutMINUTES - 10072014 - D.6RECOMMENDATION(S): OPEN the public hearing on the General Plan Amendment that would add new policies in the Contra Costa County General Plan (2005-2020) Land Use Element for the North Richmond Area to support and promote urban agriculture and a Zoning Text Amendment to the North Richmond P-1 (Planned Unit) Zoning District to include and permit a wider range of urban agriculture uses and activities in North Richmond (County Files GP#12-0002 and ZT#14-0001). 1. CLOSE the public hearing.2. FIND that on the basis of the whole record, including the Initial Study/Negative Declaration prepared for this project (see Exhibit “4”), that there is no substantial evidence that the project will have significant effect on the environment and that the Initial Study/Negative Declaration/Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA) and it reflects the County’s independent judgment and analysis. 3. CONSIDER the recommendations of the County Planning Commission on the proposed North Richmond Urban Agriculture General Plan Amendment and Zoning Test Amendment as contained in their Resolution No. 9-2014 (see Exhibit “1“). 4. FIND that the proposed General Plan Amendment (County File: GP#12-0002 which would add new policies in the Contra Costa County General Plan (2005-2020) Land Use Element for the North Richmond Area to support and promote urban agriculture to be consistent with the overall goals and policies of the Contra Costa County General Plan (2005-2020). 5. . APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/07/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Roche, (925) 674-7807 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 7, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:John Kopchik, Interim Director, Conservation & Development Department Date:October 7, 2014 Contra Costa County Subject:North Richmond Urban Agriculture General Plan Amendment and North Richmond P-1, Planned Unit District Zoning Text Amendment RECOMMENDATION(S): (CONT'D) ADOPT, as recommended under County Planning Commission Resolution No. 9-2014, and as more fully described in Exhibit “2”, the General Plan Amendment to amend the Land Use Element, under “POLICIES FOR THE NORTH RICHMOND AREA”, Contra Costa County General Plan, 2005-2020), adding two new policies concerning urban agriculture, specifically new policies #3-191 and #3-192, (County File: GP#12-0002), as the second consolidated General Plan Amendment in calendar year 2014 to the Contra Costa County General Plan (2005-2020), as permitted under state law. 6. ADOPT, as recommended under County Planning Commission Resolution No. 9-2014, the Zoning Text Amendment (County File: ZT#14-0001) to the North Richmond P-1, Planned Unit Zoning District, and as more fully described in Exhibit “3”, which would permit a wider range of agricultural uses and activities within the North Richmond P-1 District. 7. ADOPT Resolution No. 2014/370 as the basis for the Board’s decision on the North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment, County Files: GP#12-0002 and ZT#14-0001. 8. DIRECT staff to post a CEQA Notice of Determination for Negative Declaration for this project with the County Clerk. 9. FISCAL IMPACT: 100% Land Development funds. The preparation of the North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment (County Files: GP#12-0002 and ZT#14-0001) is a project included in the budget for the Department of Conservation and Development. BACKGROUND: At the request of Supervisor John Gioia, District I, the Board of Supervisors on April 24, 2012 authorized the Department of Conservation and Development to initiate a review of General Plan policies for the purpose of supporting and promoting urban agriculture in North Richmond and to prepare necessary revisions to the North Richmond, P-1 Planned Unit District to expand the range of agricultural uses and activities within the P-1 District that encompases all of North Richmond. Urban Agriculture: Concepts and Terms Urban agriculture is defined by the American Planning Association as the practice of growing, processing, and distributing fresh food products by people living in an urban area. Urban agriculture includes a wide range of agriculture activities related to food production, ranging from simple home gardens, to community gardens, to urban farms with extensive cultivation and to raising animals. Cities and counties across the state and nation, and here in the San Francisco Bay Area, have recognized the importance of urban agriculture as a functional part of a local food system. Many cities and counties have updated their community plans and zoning codes to expressly support and permit agricultural uses and activities within an urbanized area. The purpose of urban agriculture is to foster development of a local food system, to promote environmental sustainability, and to increase access to healthy foods for urban dwellers, particularly for those living within a “food desert”. A food desert is defined by the U.S. Department of Agriculture (USDA) as geographic area, either an urban neighborhood or rural town, without ready access to fresh, healthy, and affordable food; and, instead of supermarkets and grocery stores, such communities may have no food access or are served only by fast food outlets or convenience stores that offer few healthy, affordable food options. According to the USDA’s Food Access Research Atlas, the unincorporated community of North Richmond falls well within their criteria of a “food desert”, because it is a low-income community where the residents are more than one mile from the nearest supermarket (the nearest major supermarket chain stores serving the Richmond area are concentrated along the I-80 Freeway corridor, several miles from North Richmond). Changing land use policies and zoning regulations to enable urban residents to become more self-reliant by allowing them to raise their own agricultural products is seen as one means to addressing the “food desert” problem. County Planning Commission, Public Hearing, September 23, 2014 The County Planning Commission conducted a public hearing on September 23, 2014 at which time they received a staff report and recommendation from the Department of Conservation and Development (DCD) on the North Richmond Urban Agriculture General Plan Amendment and P-1 (Planned Unit) District. Upon receiving the report from DCD and closing the hearing, the County Planning Commission approved Resolution No. 9-2014 recommending the Board adopt a General Plan Amendment, County File: GP#12-0004, to add new policies in the Contra Costa County General Plan (2005-2020) Land Use Element for the North Richmond Area to support and promote urban agriculture; and, to adopt the Zoning Text Amendment, County File: ZT#14-0001, to amend the North Richmond P-1 (Planned Unit) Zoning District to update Section B. Development Standards adding a footnote to clarify that structures housing animals must comply with the setback requirements under existing County Ordinance Code Section 84-14.1402, to update Section C. Land Use Matrix adding Community Garden, Demonstration/Education Garden, Edible Landscape, Home Garden, Processing Incidental to Agriculture, Urban Agriculture Demonstration Site, and Urban Farm (on parcel more than 1 acre in size) as permitted uses under the “Agricultural” category to the matrix, and to add Petting Zoo under the “Animals” category to the matrix as a use permitted subject to a Land Use Permit and updating Section D. Conditions for Development and Use of Property in the North Richmond Area adding under subsection heading “Development Standards” to establish development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm, and operating standards for a petting zoo based on safe petting zoo operating procedures recommended by the National Association of State Public Health Veterinarians. Proposed General Plan Amendment See Exhibit "2" for a more complete description of the General Plan Amendment (County File: GP#12-0002). This is a proposed amendment that would add new policy text to the Land Use Element under the section entitled “POLICIES OF THE NORTH RICHMOND AREA” for the purpose of providing direct policy support for and promotion of the urban agriculture concept specifically in North Richmond. It begins with proposed Policy #3-191 a policy statement that defines urban agriculture, declares the intent of the General Plan to support urban agriculture development within North Richmond, and then provides a description and explanation of urban agriculture activities and uses that the General Plan intends to allow in North Richmond. The amendment proposes to recognize the following as urban agriculture activities and uses: Edible Landscape Home Gardens Community Gardens Demonstration/Education Garden Urban Farm Urban Agriculture Demonstration Site Proposed Policy #3-192 directs that the County, working through the County Agricultural Commissioner, County Environmental Health Officer, Contra Costa Resources Conservation District, UC Agriculture Extension, and urban agriculture practitioners, develop best management practices for urban agriculture. This is in recognition that certain urban agriculture activities and uses may introduce by-products or have environmental consequences that could become a hazard to public health or safety (e.g. disposal of food and agricultural by products, application of pesticides in an urban setting, etc.). The intent of the best management practices is to promote environmentally-safe and sustainable methods for growing, processing, storing, and transporting agricultural products. Proposed Zoning Text Amendment See Exhibit "3" for a more complete description of the Zoning Text Amendment (County File: ZT#14-0001). The entirety of North Richmond is within a P-1, Planned Unit District that was adopted in December 1994. Certain agricultural and agricultural-related activities are currently allowed under the North Richmond P-1, Planned Unit District. The purpose of the zoning text amendment is to expand and match the urban agriculture activities and uses that would be allowed under the General Plan Amendment described above with the corresponding zoning district, in this case the North Richmond P-1, Planned Unit District. The proposed text amendment would involve changes to three sections within the North Richmond P-1, Planned Unit District, as follows: Update Section B. Development Standards Tableto add footnote to clarify that structures housing animals must comply with the setback requirements under existing County Ordinance Code Section 84-14.1402 (Animal Structures – General Provisions). Update Section C. Land Use Matrixto add as permitted uses to the “Agriculture” category in the matrix: Edible Landscape, Home Garden, Community Garden, Demonstration/Educational Garden, Processing Incidental to Agriculture, Urban Agriculture, Urban Agriculture Demonstration Site, and Urban Farm. Under the “Animals” category to the matrix add Petting Zoo as use permitted subject to Land use Permit. Also, in the footnotes portion of the Land Use Matrix several notes are proposed to be revised or updated to provide further clarification and guidance. Update Section D. Conditions for Development and Use of Property in the North Richmond Areato add under subsection heading “Development Standards” development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm; and, operating standards for a petting zoo based on operating procedures recommended by the National Association of State Public Health Veterinarians. Determinations under the California Environmental Quality Act (CEQA) The proposed North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment is a project under California Environmental Quality Act (CEQA). An Initial Study/Environmental Checklist for this project was prepared in accordance with the requirements of State and County CEQA Guidelines. The Initial Study/Checklist determined that the project would not result in a significant impact on the environment. A Notice of Public Review and Intent to Adopt a Proposed Negative Declaration for this project was issued on March 31, 2014 setting a 30-day public review period. This Notice to Adopt a Negative Declaration along with Initial Study is incorporated as Attachment “2” to the September 23, 2014 staff report and recommendation to the County Planning Commission (see Exhibit 4). The Board of Supervisors is asked to consider the Initial Study and Negative Declaration for this project, which is incorporated into the September 23, 2014 report to the County Planning Commission, to find that the environmental review (Initial Study/Checklist) for the project was prepared in accordance with State and County CEQA Guidelines, and to adopt the recommended Negative Declaration as the Board’s determination that the project will have no significant impact on the environment. CONSEQUENCE OF NEGATIVE ACTION: The project proposes adding General Plan policies to support and promote urban agriculture in North Richmond, and by amending the zoning regulations and standards under the P-1 District, it would enable a wider range of agricultural uses and activities within North Richmond than is currently allowed. One of the purposes of the project is to improve the North Richmond community’s access to fresh, healthy, and affordable food by enabling residents to become more self-reliant in raising their own agricultural products. If not approved, certain agricultural uses and activities would still be allowed under the existing North Richmond P-1 District, but it would be limited in scope and scale compared to the proposed project. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM      Supervisor Gioia noted that the excellent work done for this plan in regard to urban agriculture could serve as the basis for policies to consider in the next update of the Countywide General Plan, and where appropriate there are policies here that can apply to other areas around the County that may be interested in adopting specific policies on urban agriculture.      Supervisor Piepho noted that there is often conflict when a developer has a project that borders an agricultural core area, the interface between residential and agricultural uses. In many cases, it is the farmer that is required to create a buffer zone between the two, although the farmer was in place first, and this results in lost agricultural production and economy. She said this needs to be included in the discussion of future land use policies and project approvals. CLOSED the public hearing; FOUND that on the basis of the whole record, including the Initial Study/Negative Declaration prepared for this project (see Exhibit “4”), that there is no substantial evidence that the project will have significant effect on the environment and that the Initial Study/Negative Declaration/Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA) and it reflects the County’s independent judgment and analysis; CONSIDERED the recommendations of the County Planning Commission on the proposed North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment as contained in their Resolution No. 9-2014 (see Exhibit “1“); FOUND the proposed General Plan Amendment which would add new policies in the Contra Costa County General Plan (2005-2020) Land Use Element for the North Richmond Area to support and promote urban agriculture to be consistent with the overall goals and policies of the Contra Costa County General Plan (2005-2020);. ADOPTED the General Plan Amendment to amend the Land Use Element, under “POLICIES FOR THE NORTH RICHMOND AREA”, Contra Costa County General Plan, 2005-2020, as the second consolidated General Plan Amendment in calendar year 2014 to the Contra Costa County General Plan (2005-2020), as permitted under state law; ADOPTED the Zoning Text Amendment to the North Richmond P-1, Planned Unit Zoning District, which would permit a wider range of agricultural uses and activities within the North Richmond P-1 District; ADOPTED Resolution No. 2014/370 as the basis for the Board’s decision on the North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment, County Files: GP#12-0002 and ZT#14-0001; and DIRECTED staff to post a CEQA Notice of Determination for Negative Declaration for this project with the County Clerk.  ATTACHMENTS Resolution No. 2014/370 EXHIBIT 1: COUNTY PLANNING COMMISSION RESOLUTION NO. 9-2014 EXHIBIT 2: GENERAL PLAN AMENDMENT (COUNTY FILE: GP#12-0002) EXHIBIT 3: ZONING TEXT AMENDMENT (COUNTY FILE: ZT#14-0001) EXHIBIT 4: STAFF REPORT AND RECOMMENTATION, COUNTY PLANNING COMMISSION, 9/23/2014 EXHIBIT 5: SUPPLEMENTAL STAFF REPORT, COUNTY PLANNING COMMISSION, 9/23/2014 EXHIBIT “2” GENERAL PLAN AMENDMENT (COUNTY FILE: GP#12-0002): ADDING POLICIES TO SUPPORT AND PROMOTE URBAN AGRICULTURE IN NORTH RICHMOND, TEXT IN RED INCLUDES NEW POLICIES #3-191 AND #3-192 General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 1 POLICIES FOR THE NORTH RICHMOND AREA 3-185. For all industrial categories, the Plan should accommodate and guide the growth and development of industry. With growth and development there needs to be a recognition of environmental, social and economic values which will work to minimize land use conflicts, to establish a reasonably pleasing setting and to protect natural resources that are irreplaceable. Through appropriate regulatory mechanisms (e.g., zoning ordinance, nuisance ordinance, etc.) provide for the following: o Require a setback from San Pablo and Wildcat Creeks for new structures. The size of the setback will be developed through site development review in conjunction with responsible agencies (e.g., Department of Fish and Game, Flood Control District). Lands within these setback areas shall reinforce the habitat values and/or trail setting of the adjacent flood control project for these creeks. o Require setbacks within shoreline areas to protect wetlands designated by State or Federal regulatory agencies and to provide public access as appropriate. The size of the setback or mitigation will be developed in conjunction with all affected agencies. o Require health risks assessments and, where appropriate, provide necessary buffers for all new applications handling substantial amounts of hazardous materials. o Achieve an upgrading of the visual appearance and unity of the area through architectural and landscape requirements and utility under-grounding. o Require special geotechnical studies and construction techniques in areas of potential seismic or geological hazards (e.g., Alquist-Priolo Special Study Zone, high liquefaction, and reclaimed wetland areas). o Use established standards to limit activities that may endanger human health and can cause damage to the environment. o Use established standards to limit activities which may be objectionable such as odors, fumes or other emissions so they will be contained within the property boundaries. o Require projects adjacent to parks or recreational corridors to minimize impacts on the recreational values of those facilities. o Require a shadow analysis for projects adjacent to commercial nurseries and protect the solar access of affected properties. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 2 o Require archaeology reconnaissance surveys for all projects within an archaeological sensitivity area. When cultural resources are located within a project, measures to deal with the historic resource shall be recommended by a qualified archeologist. o Require all uses to comply with the regulations of the Bay Area Air Quality Management District, the Regional Water Quality Control Board, the San Francisco Bay Conservation and Development Commission, the State and County health departments, and any other regulatory agencies which exist or may be established to ensure environmental quality in the San Francisco Bay Region. o Screen all outside storage/maintenance areas from public streets. a. LIGHT INDUSTRY Amend the "Light Industry" land use category of the General Plan Land Use Element for North Richmond to read as follows: Industrial activities in this category are established in areas where development is carefully controlled to ensure compatibility between the industrial operations and other activities and the character of the district, community and environment in which they are located. The appearance of each site, building or industrial operation, and each industrial district as a whole, should establish a reasonably pleasing and harmonious setting. Types of uses within this category can range from research, engineering, product development and testing, and sales development to light manufacturing, warehousing, distribution centers, and commercial nurseries. Support retail/service uses may also be found in this category. In addition to the policies and factors established to guide development in all commercial and industrial areas, the following policies and factors are established to guide the development of Special Industrial areas: (1) "Apply special zoning designations or planned unit districts to provide use limitations, in cases where uses need to be limited to protect the character of an area, "in all cases where. (2) Limit activities which may result in noise, glare or vibrations extending beyond the property boundary." General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 3 b. HEAVY INDUSTRY Amend the "Heavy Industry" land use category of the County General Plan Land Use Element for North Richmond to read as follows: "Industry activities in this category are traditionally larger scale and include very little or no office space. Sufficient visual open space and/or landscaped screening between industrial operations and adjacent residential or recreational activities shall be required as needed." This category accommodates a wide variety of industrial activities including, but not limited to, oil refining, contractors' storage yards, warehouses, and machine shops. For the North Richmond area, this category also includes commercial nurseries. Support retail/service uses may also be found in this category. In addition to the policies and factors established to guide development in all commercial and industrial areas, the following policies and factors are established to guide the development of General Industrial areas: o Encourage commercial nurseries to remain in the area. o Require projects involving auto-dismantling activities to be enclosed and prohibit outside storage of vehicles. o Limit activities which may result in noise, glare or vibrations beyond the designated industrial areas. o Make a finding that new residential uses within this designation are incompatible. 3-186. IMPLEMENTATION The City of Richmond and the County shall undertake a rezoning study of the area to bring the zoning in conformance with their respective General Plans. All new permits with conditions of approval shall be monitored by the County or City. Additionally, the City of Richmond and the County shall undertake a more vigorous zoning investigation and enforcement program. The County and City shall require verification that all appropriate State and Federal or regional permits are granted before building permits are issued for the projects. Project applicants shall provide a site history for uses that have previously been on the property as part of any permit application process. As appropriate, soils analysis for toxic wastes shall be required for permit applications. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 4 3-187. A Redevelopment Plan for the North Richmond area was adopted by the Board of Supervisors in July 1987. All development proposals should be reviewed by, and coordinated with, Redevelopment Agency staff to ensure compatibility with the Redevelopment Plan. Additionally, involvement with the redevelopment process will allow the County to coordinate concurrent development proposals and to possibly facilitate the construction of public improvements that will further the goals of the Redevelopment Plan. 3-188. Lands which were the site of the West Contra Costa Sanitary Landfill ownership and which are designated as Open Space, will continue to allow solid waste facilities on the property as an interim use of the land. 3-189. "The West County Integrated Resource Recovery Facility site, circumscribed by Central Street, Brookside Drive, Third Street and the Wildcat Creek, is recognized as a non-disposal facility in the countywide Integrated waste Management Plan." 3-190. The Fifth Street and Market Avenue General Plan Amendment is intended to support up to three residential units. Development of new residential units should be visually compatible with the existing residences which are just south and adjacent to this area. A density bonus is to also be considered as part of potential future development for further implementing the North Richmond Redevelopment Plan." 3-191. Urban agriculture is the practice of growing, processing, and distributing fresh food by people living in an urban area. Urban agriculture includes a wide range of activities related to food production, including home gardens, community gardens, demonstration or educational gardens, urban farms, and farmers’ markets. This plan acknowledges that urban agriculture can help meet local food needs for residents of North Richmond and the surrounding area while also promoting environmental sustainability, good health and nutrition, and opportunities for economic and community development. It is the intent of this plan to promote and support the development of urban agriculture in North Richmond by permitting the following activities and uses related to agricultural production: a. Edible Landscapes: Edible landscapes are to be encouraged and permitted in North Richmond. These are defined as cultivating food-producing plants and trees in the landscaping of both private and public outdoor open spaces within North Richmond, attended by an individual, community organization, or business. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 5 b. Home Garden: A Home Garden is defined as a home or private food-producing garden located in the front or backyard, rooftop, courtyard, balcony, fence, or wall window sill of a private single family residence, which is attended by an individual. It is permitted in all residential designated areas of North Richmond when the gardening activity is incidental to a residential use. Home gardens are permitted in all single family residential designated areas and multi-family residential designated areas . Bee keeping and raising of poultry and animals are not permitted in a Home Garden. The products grown in a Home Garden are intended for personal consumption and are not intended for on-site sale but may be sold off-site. c. Community Garden: Community Gardens are permitted in residential, commercial, industrial, and public or open space designated areas within North Richmond. A Community Garden is defined as contiguous or non-contiguous plots of land set aside for growing food producing or ornamental plants and trees, which is collectively shared, managed, and attended to by an organized group of people. Oftentimes, a Community Garden is comprised of a series of plots attended to individually by community members. Small-scale bee keeping (no more than 4 bee hives), and the raising of hen chickens for egg production on parcel not less than 20,000 square feet of area, is permitted in a Community Garden. Maintaining more than four bee hives, and raising poultry other than hen chickens and farm animals, are not permitted in a Community Garden. Although products grown in a Community Garden are normally intended for personal consumption, limited on-site sales at a Community Garden may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. d. Demonstration or Educational Garden: A Demonstration or Educational Garden is defined as a plot of land, either contiguous or non-contiguous, set aside for a small to medium- scale (non-mechanized) food-producing garden on public or private property for growing food producing or ornamental plants and trees, which is attended to by a community organization or public or private educational based institution. Demonstration or Educational Gardens are permitted in the residential, commercial, industrial, and public or open space designated areas within North Richmond through the administrative review procedures under the amended North General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 6 Richmond P-1, Planned Unit District. Small-scale bee keeping, meaning no more than 4 bee hives, and raising hen chickens for egg production is permitted, but no other form of poultry or animal raising is permitted. On-site sale of agricultural products for educational, therapeutic, community service, or philanthropic purposes may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. e. Urban Farm: An Urban Farm describes the production of food- producing or ornamental plants, bees, fish, poultry, or small farm animals located on private property at least one (1) acre in size, and designed and managed for commercial purposes using a variety of horizontal and vertical growing techniques, including in-soil, container, hydroponic and aquaponic growing systems. An Urban Farm may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District in those areas designated for industrial use, public, open, and park uses, and, in a commercial designated area subject to a Land Use Permit; but an Urban Farm is not allowed in any residential designated area. The establishment of on-site processing facilities (e.g. commercial kitchen, packing or packaging, etc.) and on-site sale of agricultural products may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. Certain forms of on-site processing or on-site sale (e.g. winery) will be subject to a Land Use Permit process. f. Urban Agriculture Demonstration Site: Contra Costa County will collaborate with community based organizations, other public agencies, and interested businesses to explore the feasibility of establishing an urban agriculture learning and demonstration site within the non-residential designated area of North Richmond. The purpose is to establish a suitable location to demonstrate and practice a full range of urban agriculture uses and related activities for the benefit of the North Richmond community and surrounding area by providing opportunities for children and adults alike to learn and participate in the growing and production of locally raised food. The Urban Agriculture Demonstration Site may be managed and operated by a community based organization, by a public entity, or by a commercial operator. The Urban Agriculture Demonstration Site may be located on public land, or private property, or co-located with another public use or facility (e.g. park or open space General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” EXHIBIT “2” 10/7/2014 BOARD REPORT 7 area). One potential location for the Urban Agricultural Demonstration Site is an approximately 4 acre parcel (Assessor Parcel No. 408-201-017) owned by Contra Costa County located at the northeast corner of Fred Jackson Way (formerly 3rd Street) and Brookside Drive. 3-192. Contra Costa County working through the County Agricultural Commissioner, County Environmental Health Officer, and Department of Conservation and Development, and in collaboration with the University of California Cooperative Extension, Contra Costa Resource Conservation District, urban agriculture practioners, community based organization, and other interested parties, will develop and implement a set of best management practices for urban agriculture within the North Richmond area. The best management practices should be directed at promoting environmentally safe and sustainable methods for growing, producing, processing, and transporting agricultural products raised in North Richmond, including disposal of food and agricultural by- products. The best management practices will include the physical and operational standards for the community, demonstration/educational garden categories, and the urban farm and urban agriculture demonstration site categories, as defined above in policies 3-191.b. through 3-191.f., which may in turn be translated into a zoning code text amendment under the North Richmond P-1, Planned Unit District. The overall objective of these best management practices will be to protect public health and safety and to assure sustainable use of the land. g:\advance planning\urban agriculture\north richmond p-1\june ver. north richmond urban ag proposak\gpa add policy 3-191, support and promote urban agriculture, policies for the north richmond area.doc EXHIBIT “3” ZONING TEXT AMENDMENT (COUNTY FILE: ZT#14-0001): AMENDING THE NORTH RICHMOND P-1, PLANNED UNIT DISTRICT (SEE NEW OR REVISED TEXT IN RED), INCLUDES • UPDATE SECTION B. DEVELOPMENT STANDARDS TABLE • UPDATE SECTION C. LAND USE MATRIX • UPDATE SECTION D. CONDITIONS FOR DEVELOPMENT AND USE OF PROPERTY IN THE NORTH RICHMOND AREA g:\advance planning\urban agriculture\north richmond p-1\development standards.6.5.2014docx.docx DEVELOPMENT STANDARDS Commercial (CO) Light Industrial (L-I) Heavy Industrial (H-I) Special Light Industrial (SpcI-LI) Special Heavy Industrial (Spcl-HI) Single-Family Residential (SL/SM/SH) Multi-Family Residential (ML/MM/MH) Minimum Lot Area 3,500 sq.ft. 7,500 sq.ft. N/A ½ acre 1 acre 4,500 sq. ft. single fam 7,000 sq. ft. – duplex 10,000 sq.ft. Minimum Lot Width 35’ N/A N/A 125’ 100’ N/A Maximum Building Height 35’ 50’ 40’ 35’ (b) 40’ 30’ or 2 stories Floor Area Ratio (FAR) 1.0 0.67 0.67 0.40 (c) 0.40 (c) N/A (g) Maximum Lot Coverage 40% 50% 30% (C) 50% 30% N/A Residential Density (units per net acre) --- --- --- --- --- SL: 1-2.9 SM: 3-4.9 SH:5-7.2 ML: 7.3-11.9 MM: 12-20.9 MH: 21-29.9 MV: 30-44.9 Front Yard Setback (h) 10’ 10’ 10’ 15’ 15’ 20’ to garage 10’ to house 10’ Side Yard Setback (h) 0’ 10’ 0’ 10’ 0’ Lot width min.setback/agg/ Up to 31’ 3’ / 6’ 31’ – 41’ 3’ / 8’ 41’ – 51’ 5’ / 10’ 51’ – 80’ 5’ / 15’ 80’ – 120’ 10’ / 20’ 120’ – 140’ 15’ / 35’ 104’ and up 20’ / 40’ Street Side Yard Setback 10’ 10’ 0’ 15’ 15’ 10’ Rear Yard Setback (e) (h) 0’ 0” 0’ 0’ 0’ 15’ Building Setback from Natural Conservation District N/A N/A N/A 20’ N/A N/A Setback from Parkway N/A 50’ 50’ 50’ 50’ 50’ Parking area setbacks 0’ 5’ front yard 0’ side/rear yard 10’ front yard 5’ side/rear yard Same as building Parking Office: 5 p/1000 sq. ft. Lab: 2 p/1000 sq. ft. CO: 4 p/1000 sq. ft. Warehouse: 1 p/1000 sq. ft. 1 space – garage/1 driveway <3 bdrm 2 space – garage/2 driveway- >4 bdrm Studio: 1 p/unit 1 bdrm: 1.5 p/unit 2+ bdrm: 2 p/unit Plus ¼ p/unit Minimum Landscaped Area 10% Front and corner side yards, excluding approved driveway (a) Senior housing block area not subject to the above development guidelines (see condition #64) (b) Height exception up to 45 feet for structure necessary to the operation of the use (c) With additional study and mitigation for cumulative traffic impacts, the floor area ration (FAR) may be increased to 0.65 (d) 50% lot coverage is allowed for Light industrial uses within Heavy Industrial land use designations (e) Detached accessory structure, located behind the residence and not adjacent to any street may have side and rear yard of 3 feet minimum, must be no longer higher than 15 feet and are limited to 500 sq. ft. (f) Side yards may be reduced to 0 feet with the approval of an Administrative Permit and in compliance with all applicable building codes. (g) For lots less than minimum standards, FAR limitation of 0.60 applies (h) Structures provided for the housing of animals must comply with the setback requirements as described in County Ord. Code Section 84-14.1402 (Animal structure- General provisions) Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Agriculture Agricultural Production ----- ----- ----- A A P P P Agricultural Storage ----- ----- P P P ----- ----- ----- Community Garden A (18) A (18) A (18) A(18) A(18) A(18) A(18) A(18) Commercial Nurseries/ Greenhouses L L L A A ----- ----- ----- Demonstration / Educational Garden A(18) A(18) A(18) A(18) A(18) A(18) A(18) A(18) Edible Landscape P P P P P P P P Home Garden (1.a) P P ----- ----- ----- P P P Horticulture (1.b) ----- ----- P P P ----- ----- ----- Selling Incidental to Agriculture ----- ----- A A A A A A Processing Incidental to Agriculture ----- (1.c) ----- (1.c) A A A A A A Urban Agriculture Demonstration Site ----- ----- A(18) A(18) A(18) A(18) A(18) A(18) Urban Farm ( >1 acre) ----- ----- L(18) A(18) A(18) A(18) A(18) A(18) Animals Animal Hospital/Clinic ----- ----- A L L A L ----- Apiary (19) P ----- ----- P P ----- ----- ----- Aviaries L ----- P P P P P ----- Dog Kennel ----- ----- L L L ----- ----- ----- 3 dogs/5 cats (or less) P P P P P P P P 3 dogs/5 cats (or more) L L L L L L L L Horse Riding Academy ----- ----- ----- L L L L ----- Livestock P (2) ----- ----- A P ----- ----- ----- Poultry P (3) ----- ----- P (3) P (3) ----- A (3) ----- Petting Zoo (Interactive Animal Display) ----- ----- ----- L L L L ----- Automotive Auto Garage ----- ----- L L L ----- ----- ----- Body Repair ----- ----- L L L ----- ----- ----- Gas Station ----- ----- L L L ----- ----- ----- 1 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Wrecking Yard ----- ----- ----- L L ----- ----- Commercial Adult Entertainment (4) ----- ----- L ----- ----- ----- ----- ----- Area Serving Retail ----- ----- A L L ----- ----- ----- Bakery ----- ----- A A A ----- ----- ----- Barber/Beauty Shop ----- ----- A A(12) A(12) ----- ----- ----- Bed & Breakfast A A A ----- ----- ----- A (5) A (5) Contractor's Yard ----- ----- L A A ----- ----- ----- Distribution ----- ----- A A A ----- ----- ----- Drug Store ----- ----- A A (12) A(12) ----- ----- ----- Equip. Repair & Welding ----- ----- L A A ----- ----- ----- Freight Terminal ----- ----- L A A ----- ----- ----- Grocery Store ----- ----- A ----- ----- ----- ----- ----- Hotel/Motel ----- L A ----- ----- ----- ----- ----- Laundry ----- ----- A P P ----- ----- ----- Liquor Store (6) ----- ----- L ----- ----- ----- ----- ----- Lumber Yard ----- ----- A A A ----- ----- ----- Personal Services ----- ----- A A (12) A(12) ----- ----- ----- Restaurant ----- ----- A A (12) A(12) ----- A(12) ----- Retail Sales ----- ----- A A (12) A(12) ----- A(12) ----- Shopping Malls ----- ----- A ----- ----- ----- ----- ----- Take Out Food (7) ----- ----- A A (12) A(12) ----- ----- ----- Temporary Sales ----- ----- A A A ----- ----- ----- Trucking Yard ----- ----- ----- A A ----- ----- ----- Warehousing ----- ----- L A A ----- ----- ----- Manufacturing Book Binding ----- ----- A A A ----- ----- ----- 2 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Cabinet Shop ----- ----- A A A ----- ----- ----- Chem./Petro Processing ----- ----- ----- A A ----- ----- ----- Fabricating ----- ----- L A A ----- ----- ----- Light Industry ----- ----- ----- A A ----- ----- ----- Manufacturing ----- ----- A A A ----- ----- ----- Metal Working ----- ----- ----- A A ----- ----- ----- Oil & Gas Drilling L L L L L A(14) A (14) A(14) Packaging ----- ----- A A A ----- ----- ----- Printing/Lithography ----- ----- A A A ----- ----- ----- Processing ----- ----- L A A ----- ----- ----- Product Development & Testing ----- ----- A A A ----- ----- ----- Mobile Homes Caretaker Mobile ----- ----- L L L L L L Family Member Mobile Home L L L ----- ----- L L L Mobile Home Parks ----- L ----- ----- ----- ----- ----- ----- Mobile Home Subdivision ----- L ----- ----- ----- ----- ----- ----- Permanent Mobile Home A A A ----- ----- A A A R.V. Parks or Campgrounds ----- ----- L ----- ----- ----- L ----- Temporary Mobile Home L L L ----- ----- L L L Temp. Construction Trailer A A A A A A A A Miscellaneous Accessory Structure P P P P P P P P Athletic Complex ----- L (12) A L L L L L Outdoor Recreation Complex ----- ----- L L L L L L Outdoor Storage ----- ----- A A A ----- ----- ----- Private Retreats ----- ----- ----- ----- ----- L L L Shooting Ranges ----- ----- ----- ----- ----- L L L Temporary Use ----- ----- A A A ----- ----- ----- Office Admin/Executive Offices ----- ----- A A (12) A (12) ----- ----- ----- 3 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Business/Professional Offices ----- ----- A A (12) A (12) ----- ----- ----- Medical Clinics ----- ----- A A A ----- ----- ----- Medical/Dental Offices ----- ----- A A A ----- ----- ----- Multi-Tenant Offices ----- ----- A A A ----- ----- ----- Professional Offices ----- ----- A A A ----- ----- ----- Research Laboratories ----- ----- A A A ----- ----- ----- Public/Semi Public Cemeteries L L ----- ----- ----- L L L Child Care (12 or less) P P P P P P P P Child Care (13 or more) L L A A (12) A(12) L L L Churches L L A L L ----- ----- ----- Convalescent Care (<6 or >6) P/A P/A P/A ----- ----- P/A P/A P/A Communication Towers/Facilities L L L L L L L L Golf/Outdoor Sports L L ----- ----- ----- L A A Hospitals/Institutions ----- ----- A ----- ----- A ----- ----- Museums ----- ----- A ----- ----- A ----- ----- Parking Lots (8) A A A A (12) A(12) A A A Public Buildings A A P P P P P A Public Utilities/Pipelines (10) ----- ----- ----- ----- ----- ----- ----- ----- Quasi-Public Facilities L L A L L A L L Radio/TV Trans. & Receiving L L L L L L L L Residential Care (<6 or >6) P/A PA P/A ----- ----- P/A P/A P/A Recycling/Disposal Facilities Buy-Back Facility/Container ----- ----- ----- A A ----- ----- ----- Buy-Back Facility/Non- Container ----- ----- ----- A A ----- ----- ----- Bulk Material Processing ----- ----- ----- L L ----- ----- ----- Composting Facility ----- ----- ----- L L ----- L ----- 4 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Drop-Off - Unattended ----- P P P P ----- ----- ----- Interim Recycling Facility (16) ----- ----- ----- ----- ----- ----- ----- L Intermediate Processing ----- ----- ----- L L L ----- L Material Recovery Facility ----- ----- ----- L L ----- ----- ----- Solid Waste Disposal (15) ----- ----- ----- L L ----- ----- ----- Transfer Station Redemption Center ----- ----- A A A ----- ----- ----- Residential Accessory Structures P P P P P P P P Boarding Homes ----- A A ----- ----- ----- ----- ----- Single-Family Res. Attached L P ----- ----- ----- ----- ----- ----- Single-Family Res. Detached P P ----- ----- ----- P P P 5 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. Exhibit 3 10/7/2014 Board Report Note: Proposed new text shown in red Footnotes (1.a.) Must be incidental to residential use (1.b.) Commercial Horticulture requires a minimum of 2 1/2 acres. (1.c.) Pursuant to the “California Homemade Food Act” (AB 1616), cottage food operations are allowed to prepare and/or package certain non-potentially hazardous foods in private-home kitchens within residential zones. For more details, consult with the Environmental Health Division, Health Services Dept., Contra Costa County. (2) 40,000 sq. ft. minimum is required to keep livestock. One head of livestock is permitted per 20,000 sq. ft. (3) Poultry means hen chickens for egg production on a parcel of not less than 20,000 sq. ft. in area, with chicken coops or chicken houses setback in compliance with Chapter 84-14.1402 (Animal Structure—General Provisions). (4) Adult Entertainment must comply with Chapter 88-12 of the County Ordinance Code. (5) Bed and Breakfasts in Park and Recreation and Open Space require a minimum parcel size of 20 acres. (6) Liquor Stores may not be closer than 300 and may only be open from noon to 9:00 p.m. (7) Food outlets designed for take-out must comply with the bonding requirements of Section 88-16.010. (8) Parking lots are only allowed adjacent to a public transportation hub or for an adjacent business use. (9) LUP required if the proposal is hazardous per chapter 84-63 or use with the potential for groundwater or air contamination. (10) Exempt except within Railroad Right-of-Way. (11) If consistent with intent of existing approvals or on existing commercial site an admin. Permit only is required. (12) If clearly incidental to primary use (< 5% of gross floor area of building) or where the ZA finds the site is not feasible for Heavy Industrial uses primarily due to parcel size. (13) Home occupation permitted only if the house exists. (14) Oil & Gas drilling to comply with Section 88-14.402 of the zoning ordinance. (15) Subject to Division 418 of the County Code. (16) "Interim Recycling Facility" refers to the uses permitted and regulated by LUP 2054-92, as it may be amended, which uses may include all of the specific uses listed under the heading "Recycling/Disposal Facilities." LUP 2054- 92 and subsequent amendments rather than this ordinance shall govern the uses permitted, and the procedures and standards applied to approval, construction, and operation of new facilities at the Bulk Materials Processing Center located on the West Contra Costa Sanitary Landfill. (17) LUP 2053-92 and subsequent amendments rather than this ordinance shall govern the uses permitted, and the procedures and standards applied to approval, construction and operation of new facilities at the Central Processing Facility authorized by LUP 2053-92. (18) Subject to compliance with development standards for Community Garden, Demonstration/Educational Garden, Urban Agriculture Demonstration Site, and Urban Farm as described in #60. Section D. Conditions for Development and Use of Property in North Richmond. Note certain operating standards described in #60. Section D. Conditions for Development and Use of Property in North Richmond do not apply to Urban Agriculture Demonstration Site or Urban Farm categories. (19) All bee hives or boxes housing bees shall be placed at least twenty-five (25) feet from the neighboring side or rear property line, and shall not be located in a front setback; bee hives and boxes shall be screened from neighboring dwellings and public walkways, and in residential zones, bee hives or boxes must be situated behind a solid fence or hedge at least six (6) feet in height running parallel to the property line to ensure appropriate height for a honeybee flight path. Additionally, a water source shall be provided on-site for the apiary. g:\advance planning\urban agriculture\north richmond p-1\june ver. north richmond urban ag proposak\north richmond land use matrix (6).apiaryfootnote.docx 6 Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” 59. A petting zoo, or an interactive animal display, which may involve the boarding, caring, and displaying of small farm animals, is permitted subject to compliance with the following operating standards: a. Petting zoo must only feature small (e.g., animals weighing 100 pounds or less), miniature, or young animals. Full grown cows, horses, hogs or other large animals pose a greater risk of injury to petting zoo visitors and may not be featured in petting zoos. b. Newborn animals are not appropriate for petting zoos and shall not be featured. c. Petting zoo animals shall be screened to eliminate those that exhibit aggressiveness, signs of illness, or other types of poor behavior. d. Petting zoo pen and enclosure areas shall be effectively managed and supervised to provide environments that are safe and healthy for both visitors and animals and their interactions. e. Petting zoo animal exhibit or visit area shall be designed and located separate from areas where people may eat food. f. Hand washing stations shall be located in all animal-visiting areas (animal exhibits and petting zoos) so that animal handlers and visitors can wash their hands. Hand washing stations should be conveniently located, sufficient for the maximum anticipated attendance, and configured for use by children and adults. g. Signs shall be posted to advise visitors to use the hand washing station upon entry to and exit from the animal exhibit or visiting area and to notify visitors that they are entering an animal area and that there are risks associated with animal contact. h. The group operating the petting zoo shall provide proof of insurance coverage for liability, and accident and sickness. i. In addition to any state or County regulations, the group operating the petting zoo shall follow the recommendations of the most current version of the “Compendium of Measures to Prevent Disease Associated with Animals in Public Settings”, published by the National Association of State Public Health Veterinarians.(NASPHV).http://www.nasphv.org/Documents/AnimalsInPublicSettings. pdf) g:\advance planning\urban agriculture\north richmond p-1\june ver. north richmond urban ag proposak\petting zoo.standard.docx Exhibit 3 10/7/2014 Board Report Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” 60. In reviewing a proposal to establish a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm the following development standards shall be applied: SITE LOCATION a. A site plan shall be submitted. It shall indicate the proposed site location, site size, appurtenant structures and facilities, fencing, and lighting. b. The site should be located on land that is level enough to support the intended use and in areas that receive adequate sunlight for the intended purpose without the removal or excessive trimming of trees. c. The site should be located in an area that is agriculturally suitable, including soil conditions, topography, and solar access. d. The site should not be located on park land currently used for active or passive recreation. e. The site should not be located on designated or dedicated open space lands. Exceptions may be granted for open space land that does not contain sensitive habitat and is not contiguous to open space or land with sensitive habitat. SITE DESIGN f. The site shall be designed and maintained so that water, fertilizer, pesticides, and herbicides will not drain to adjacent property or to the public right of way. g. A minimum 3-foot-wide, clearly marked entrance path shall be provided from the public right-of-way to the garden. (Community Garden or Demonstration/Educational Garden only) h. A permanent fence may be provided on the perimeter of the site. The fence up to at least five (5’) feet in height and not exceeding six (6’) feet in height will be allowed. The fence should include at least one access gate. Except as otherwise provided in this paragraph, fences shall be in compliance with the County Ordinance Code. (Community Garden or Demonstration/Educational Garden only) i. Fencing for the perimeter of the site can be chain link or ornamental tubular steel. Internal fencing for screening purposes may be a solid fence provided the height does not exceed four feet (4’). The maximum height for any site structures such as trellises, arbors, or other plant supports shall be six feet (6’). j. Refuse storage areas shall be provided and screened to enclose all refuse generated from the garden. Refuse areas shall be located as close as practicable to the rear and center of the property. k. Walkways inside the site shall be a minimum width of four feet (4’). All walkways, turning areas and landings and walkway materials shall meet Americans with Disabilities Act (ADA) requirements. (Community Garden or Demonstration/Educational Garden only) l. On-site storage facilities are permitted. This may include tool sheds, shade structures, hoop houses, small greenhouses, plant preparation houses, and other similar structures. Cargo containers or similar storage facilities shall not be allowed. The maximum size for any storage structure is hundred twenty (120’) square feet and the maximum height is ten (10’) feet, any larger storage structure would require a building permit. Storage facilities shall be consistent with the setback standards for the North Richmond, P-1, Planned Unit District. Exhibit 3 10/7/2014 Board Report Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” m. To the extent possible, the site plan should identify the storage location and use of potentially hazardous materials (e.g. fertilizer, pesticides, herbicides, fuels, etc.), as their use may require the approval by other County departments or public agencies. For example, the application of certain types of pesticides and herbicides, and their quantities, may require a permit from the Contra Costa County Agriculture Commissioner. n. Trash cans or dumpsters for the site shall be provided and located away and screened from adjacent parcels. o. On-site composting areas are permitted so long as they are setback five (5’) feet from adjacent parcels, and cover no more than ten (10) percent of the total site area. Composting bins, if provided, shall be specifically designed for that purpose, they shall be screened from adjacent parcels or public right of way. The composting areas shall be managed to prevent rodents and pests, to prevent odors, and to prevent leachate from flowing onto adjacent parcels and the public right of way. All compost materials must be used on-site and not transported off-site. p. Lighting to provide safety and security for the site is permitted. Any proposed lighting, however, must be shielded so that lighting is focused down on the subject site and shielded so that it is not directly visible from adjacent properties. Low-profile solar light that does not connect to an electrical circuit or junction is permitted. q. Signage shall be posted at the entrance to a Community Garden site or Demonstration/Educational Garden site. Signage shall be constructed of durable and permanent material, such as aluminum or steel. The sign shall not exceed a maximum of area of six (6’) square feet (2’x3’), and at minimum, it shall include the following information: i. Garden Name ii. Hours of operation iii. Contact name and phone number, include emergency contact name and phone number iv. Indicate that Community Garden operates under approved rules v. County Code statement that “The on-site sale of produce is not permitted.” OPERATING STANDARDS (Community Garden or Demonstration/Education Garden only) r. Along with the site plan a set of written operating rules addressing the governance and management structure of the site shall be submitted. It shall identify the name of the entity or organization operating the site. It shall include hours of operation, maintenance and security requirements and responsibilities, and identify a garden coordinator (the person responsible for site management and contact in case of emergency). It shall indicate if fertilizers, pesticides, and herbicides, organic or inorganic, will be used on-site, and the procedures for their handling and storage within an enclosed, ventilated, and locked unit. It shall indicate procedures for removing refuse from the site, and how it will be maintained free of high grass, weeds, or other debris. The minimum number of individual plots for the site shall be identified within the operating rules or by the site plan. The written operating rules shall identify the name and telephone contact number for the garden coordinator. A copy of the written operating rules shall be kept on file with the Department of Conservation and Development. s. The on-site sale of produce is not permitted. Exhibit 3 10/7/2014 Board Report Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” t. Site hours of operation shall be limited to the hours between sunrise and sunset and the site shall be locked during non-operating hours. Exhibit 3 10/7/2014 Board Report 1 CONTRA COSTA COUNTY Department of Conservation and Development County Planning Commission Meeting Date: September 23, 2014 ________________________________________________________________________ North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment (County Files: GP#12-0002 and ZT#14-0001) I. INTRODUCTION The project entails a General Plan Amendment that would add new policies in the Contra Costa County General Plan (2005-2020) Land Use Element for the North Richmond Area to support and promote urban agriculture and a Zoning Text Amendment to the North Richmond P-1 (Planned Unit) Zoning District to include and permit a wider range of urban agriculture uses and activities in North Richmond. The project was initiated by the Board of Supervisors on April 24, 2012. A. General Plan Amendment (County File: GP#12-0002): Amend the subsection in Chapter 3. Land Use Element entitled “POLICIES FOR THE NORTH RICHMOND AREA”, Contra Costa County General Plan, 2005-2020 (starting at page 3-67, see online version), to add two new policies:  Policy #3-191 – A policy statement that defines urban agriculture, provides specific support and promotion of urban agriculture in North Richmond, and recognizes specific activities and uses related to urban agriculture in North Richmond.  Policy #3-192 – A policy statement supporting the development and implementation of best management practices for urban agriculture in North Richmond. B. Zoning Text Amendment (County File: ZT#14-0001): Amend the North Richmond P- 1, Planned-Unit Zoning District Program, as follows:  Update Section B. Development Standards Table to add footnote to clarify that structures housing animals must comply with the setback requirements under existing County Ordinance Code Section 84-14.1402 (Animal Structures – General Provisions). Staff Report Agenda Items #4 & #5 2  Update Section C. Land Use Matrix to add Community Garden, Demonstration/Education Garden, Edible Landscape, Home Garden, Processing Incidental to Agriculture, Urban Agriculture Demonstration Site, and Urban Farm (on parcel more than 1 acre in size) as permitted uses under the “Agricultural” category to the matrix, and add Petting Zoo under the “Animals” category to the matrix as a use permitted subject to a Land Use Permit.  Update Section D. Conditions for Development and Use of Property in the North Richmond Area to add under subsection heading “Development Standards” development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm, and operating standards for a petting zoo based on safe petting zoo operating procedures recommended by the National Association of State Public Health Veterinarians. II. RECOMMENDATION Staff recommends that the County Planning Commission approve a resolution recommending the Board of Supervisors adopt the General Plan Amendment, County File: GP#12-0004, to add new policies in the Contra Costa County General Plan (2005- 2020) Land Use Element for the North Richmond Area to support and promote urban agriculture; and, the Zoning Text Amendment, County File: ZT#14-0001, to amend the North Richmond P-1 (Planned Unit) Zoning District to update Section B. Development Standards adding a footnote to clarify that structures housing animals must comply with the setback requirements under exiting County Ordinance Code Section 84-14.1402, to update Section C. Land Use Matrix adding Community Garden, Demonstration/Education Garden, Edible Landscape, Home Garden, Processing Incidental to Agriculture, Urban Agriculture Demonstration Site, and Urban Farm (on parcel more than 1 acre in size) as permitted uses under the “Agricultural” category to the matrix, and to add Petting Zoo under the “Animals” category to the matrix as a use permitted subject to a Land Use Permit and updating Section D. Conditions for Development and Use of Property in the North Richmond Area adding under subsection heading “Development Standards” to establish development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm, and operating standards for a petting zoo based on safe petting zoo operating procedures recommended by the National Association of State Public Health Veterinarians. III. GENERAL INFORMATION A. Area and Setting: North Richmond is an unincorporated community located on the west edge of Contra Costa County between the City of San Pablo and the San Pablo Bay. Almost entirely surrounded by the municipal boundaries of the City of Richmond, unincorporated North Richmond consists of approximately 900 acres of flat bayside land with the lower reaches of two drainages, Wildcat Creek and San Pablo Creek, traversing 3 the area. The area north of Wildcat Creek consists primarily of industrial-related uses. The area south of Wildcat Creek is occupied for the most part by the North Richmond residential community of approximately 765 mostly single family residences in a conventional grid pattern. There are 3,717 residents in unincorporated North Richmond according to the 2010 U.S. Census. B. General Plan: The following Contra Costa County General Plan (2005-2020) land use designations are present within the approximately 900-acre unincorporated area of North Richmond: Single Family Residential – High Density (SH); Multiple Family Residential-Very High Density (MV); Multiple Family Residential – Medium Density (MM); Public/Semi-Public (PS); Parks and Recreation (PR); Open Space (OS); Heavy Industry (HI); and, Light Industry (LI). C. Zoning: The entirety of the North Richmond community is within a P-1, Planned Unit District adopted by the Contra Costa County Board of Supervisors on December 12, 1994. See Figure 1: North Richmond Area P-1, Planned Unit Zoning District. D. CEQA Status: Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Department of Conservation and Development determined that the proposed project would not result in significant impacts on the environment, and subsequently prepared a Negative Declaration for the proposed project. A notice of public review and intent to adopt the Negative Declaration was issued on March 31, 2014 for a 30-day comment period. No comments were received by the Department on the Negative Declaration (see Attachment #2). IV. BACKGROUND INFORMATION A. Urban Agriculture and the Local Food System: Terms and Concepts: Urban agriculture is defined as the practice of growing, processing, and distributing fresh food products by people living in an urban area. Urban agriculture includes a wide range of agriculture activities related to food production, ranging from simple home gardens, to community gardens, and to urban farms with extensive cultivation and raising animals. Several cities and counties in the San Francisco Bay Area and across the state and nation have recognized the importance of urban agriculture as a functional part of a local food system, and within municipal zoning codes cities (and counties) are now permitting various agricultural uses and activities in urbanized areas to foster a local food system, to increase access to healthy foods for city dwellers, and to promote environmental sustainability. A food system includes everything associated with growing, processing, storing, distributing transporting, and selling food. Generally speaking, a food system is considered local when it is direct to consumer (farmer to you) or direct to retail/food service (farmer to restaurant, hospital, school, and other public organization). Locally grown produce, community gardens, farmers markets, and community supported agriculture or community shared agriculture (CSA, is a particular network or association of individuals who have pledged to support one or more local farms, with growers and consumers sharing the risks and benefits of food production) all fall under the umbrella term “local food 4 system”. The underlying concept behind the local food system is to minimize the cost and distance between food production and consumption. A well-developed local food system can provide numerous benefits, including:  Support to local farmers/growers by providing them with a stable market to sell their products;  Provide underserved communities access to fresh, locally grown farm products; and,  Potentially reduce greenhouse gas (GHG) emissions by reducing the distance farm products must travel to reach the consumer. B. North Richmond is a “Food Desert”: “Food deserts” are defined by the U.S. Department of Agriculture (USDA) as urban neighborhoods and rural towns without ready access to fresh, healthy, and affordable food. Instead of supermarkets and grocery stores, these communities may have no food access or are served only by fast food restaurants and convenience stores that offer few healthy, affordable food options. According to the USDA’s Food Access Research Atlas, the unincorporated community of North Richmond falls within their definition of a food desert, because it is a low-income community where a significant number or share of the population is more than one mile from the nearest supermarket (http://www.ers.usda.gov/data-products/food-access- research-atlas/go-to-the-atlas). For example, the nearest major supermarket chain stores (Safeway, Lucky’s, SaveMart, and the Grocery Outlet) are predominantly located along the I-80 freeway corridor several miles from North Richmond. This problem of access to a supermarket or grocery store is compounded for North Richmond residents without an automobile, or who are unable to drive, because the community is served by one regular fixed route bus line, Route 76, operated by AC Transit on 30-minute intervals with service to between Hilltop-Richmond and El Cerrito Del Norte BART Station via San Pablo from 6 a.m. to 8 p.m. C. North Richmond’s Agricultural Legacy: Given its food desert status, it is ironic that North Richmond was once an area that was predominantly productive farmland. Historical records dating back seventy five years indicate it was the location for truck farming, cattle grazing, and flower growing operations. During World War II (WWII), portions of the North Richmond area began to urbanize with the development of a mix of residential, commercial, and industrial uses. Post-WWII saw continued urbanization with more land converted to mainly industrial or residential uses Floriculture or flowers growing operations until recently were the predominant agriculture use in North Richmond. During the 1920-30’s the areas around El Cerrito, Richmond, and San Pablo had emerged as home to the East Bay’s thriving floriculture industry led in large part by Japanese immigrant families. As the City of Richmond began to rapidly develop, however, with the influx of new industries and residents, many Japanese-American families that owned commercial nurseries in Richmond sought larger and less expensive acreage in outlying areas, including unincorporated North Richmond. These Japanese-American families and others that had bought land in North Richmond 5 operated their commercial or wholesale nurseries up to the 1990’s-2000’s until fundamental market changes in the wholesale flower growing business and other economic factors resulted in shift of flower growing operations outside of the East Bay. Several greenhouses or remnant structures of the East Bay’s once thriving floriculture industry are still present today on several parcels within North Richmond. D. Specific Plan: The decline of North Richmond’s floriculture industry was one of the reasons that the Board of Supervisors in June 2007 authorized the then County Redevelopment Agency and Department of Conservation and Development to prepare a Specific Plan for a proposal to develop a new mixed use residential neighborhood in a 254-acre area within North Richmond bounded by the Richmond Parkway on the west, San Pablo Creek on the north, the Union Pacific railroad tracks on the east, and Wildcat Creek on the south. The commercial nurseries (or flower growing operations) were once largely concentrated within this 254-acre area of North Richmond. The Specific Plan process for this area of North Richmond had reached the administrative draft stage by late December 2011. The Department of Conservation and Development was readying for public release of a Draft Specific Plan and an accompanying Draft Environmental Impact Report when the California State Supreme Court upheld state legislation to dissolve redevelopment agencies. As a consequence of the Supreme Court decision, the Specific Plan process was suspended by the County and it was eventually abandoned altogether under the dissolution of the County Redevelopment Agency. E. Board Request: The concept of incorporating policies to support and promote urban agriculture had been included in the above referenced Draft North Richmond Specific Plan. At the request of Supervisor John Gioia, District I, the Board of Supervisors on April 24, 2012 authorized the Department of Conservation and Development to initiate a review of General Plan policies for North Richmond and to prepare necessary revisions to the North Richmond P-1 Planned Unit District to permit urban agriculture uses and activities within North Richmond (see Attachment #1). Supervisor Gioia did not want to discard the work on urban agriculture prepared for the Specific Plan and believed that the urban agriculture concepts could proceed without the Specific Plan or the Redevelopment Agency. V. STAFF ANALYSIS / DISCUSSION A. Proposed General Plan Amendment (County File: GP#12-0002): This is a proposed amendment that would add new policy text to the Land Use Element under the section entitled “POLICIES OF THE NORTH RICHMOND AREA ” for the purpose of providing direct policy support for and promotion of the urban agriculture concept specifically in North Richmond. It begins with proposed Policy #3-191 a policy statement that defines urban agriculture, declares the intent of the General Plan to support urban agriculture development within North Richmond, and then provides a description and explanation of urban agriculture activities and uses that the General Plan intends to allow in North Richmond. The amendment proposes to recognize the following as urban agriculture activities and uses: 6  Edible Landscape  Home Gardens  Community Gardens  Demonstration/Education Garden  Urban Farm  Urban Agriculture Demonstration Site Proposed Policy #3-192 directs that the County working through the County Agricultural Commissioner, County Environmental Health Officer, Contra Costa Resources Conservation District, UC Agriculture Extension, and urban agriculture practioners to develop best management practices for urban agriculture. This is in recognition that certain urban agriculture activities and uses may introduce by products or have environmental consequences that could become a hazard to public health or safety (e.g. disposal of food and agricultural by products, application of pesticides in an urban setting, etc.). The intent of the best management practices is to promote environmentally safe and sustainable methods for growing, processing, storing , and transporting agricultural products. See Attachment #4 for draft policies #3-191 and #3-192 with the proposed policy text language highlighted in red. B. Proposed Zoning Text Amendment (ZT#14-0001): As noted above the entirety of North Richmond is within a P-1, Planned Unit District that was adopted in December 1994. Certain agricultural-related activities are currently allowed under the North Richmond P- 1, Planned Unit District. The purpose of the zoning text amendment is to expand and match the urban agriculture activities and uses that would be allowed under the General Plan Amendment described above with the corresponding zoning district, in this case the North Richmond P-1, Planned Unit District. The proposed text amendment would involve changes to two sections within the North Richmond P-1, Planned Unit District, as follows:  Update Section B. Development Standards Table to add footnote to clarify that structures housing animals must comply with the setback requirements under existing County Ordinance Code Section 84-14.1402 (Animal Structures – General Provisions).  Update Section C. Land Use Matrix to add as permitted uses to the “Agriculture” category in the matrix: Edible Landscape, Home Garden, Community Garden, Demonstration/Educational Garden, Processing Incidental to Agriculture, Urban Agriculture, Urban Agriculture Demonstration Site, and Urban Farm. Under the “Animals” category to the matrix add Petting Zoo as use permitted subject to Land use Permit. Also, in the footnotes portion of the Land Use Matrix several notes are proposed to be revised or updated to provide further clarification and guidance. 7  Update Section D. Conditions for Development and Use of Property in the North Richmond Area to add under subsection heading “Development Standards” development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm; and, operating standards for a petting zoo based on operating procedures recommended by the National Association of State Public Health Veterinarians. See Attachment #5 for the proposed zoning text amendment to the North Richmond P-1, Planned Unit District with the proposed text amendment language or changes highlighted in red. VI. AGENCY AND PUBLIC COMMENTS To date, written public agency and public comments on the proposed North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment have been received from State Clearinghouse, Governor’s Office of Planning and Research, and the Contra Costa County Flood Control and Water Conservation District. These were comment letters in response to the project’s proposed CEQA Negative Declaration. The purpose of the State Clearinghouse letter was to acknowledge receipt of the proposed Negative Declaration and to indicate that no state agencies had any comments. The County Flood District submitted an interoffice memo to indicate no comments on the proposed Negative Declaration, but the memo does explain that the Flood Control District is the local agency with jurisdiction over the Wildcat Creek and San Pablo Creek flood control channel and recommends that future urban agriculture applicants be advised that permits may be needed if certain activities/uses encroach on the flood control system serving North Richmond. Copies of written comment letters received by the Department are provided under Attachment #3. Additionally, staff has been in telephone and email contact with the UC Extension Agriculture Specialist, Contra Costa County, and the County’s Animal Services Department and Environmental Health Division, Health Services Department, regarding the proposal. The UC Extension Agricultural Specialist acknowledged receipt of the proposal and indicated general support for the proposal. The UC Extension Agriculture Specialist pointed out that under the recently enacted “California Homemade Food Act” (AB 1616) cottage food operations are now classified by state law as a permitted use of residential property for zoning purposes. There was a concern that adding the category “Processing Incidental to Agriculture” to the Land Use Matrix might be in conflict with this newly enacted law. In response to this comment, a new footnote was added to the Land Use Matrix, footnote 1.c, which clarifies that pursuant to the California Homemade Food Act” (AB 1616) cottage food operations are allowed to prepare and/or package certain non-potentially hazardous foods in private-home kitchens within residential zones. For more information on cottage food operations and the California Homemade Food Act” (AB 1616) sees Attachment #6. 8 Discussions with County Animal Services Department concerned raising farm animals within an urbanized area. They were satisfied with the proposal’s provisions for farm animals and supported the proposal’s clarification that poultry raising would only mean hen chickens for egg production (no Roosters). Communications with County Environmental Health focused on aspects of the proposal related to safe handling of food and best management practices for community gardens. Their comments have been incorporated into the proposal. VII. CONCLUSIONS The proposed North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment would expand urban agriculture opportunities for residents within a low-income unincorporated community, which has become a “food desert”. The new land use policies and zoning changes would enable North Richmond residents to pursue a wider range of urban agriculture uses and activities than currently allowed. The proposed changes may in turn help North Richmond residents gain better access to fresh, healthy, and affordable food. g:\advance planning\urban agriculture\north richmond p-1\cpc.rpt.9.23.2014.docx 9 List of Figures and Attachments Figures Figure 1: North Richmond Area P-1, Planned Unit Zoning District Attachments 1. April 24, 2012 Board Order re: Authorizing North Richmond Urban Agriculture General Plan Amendment Study and P-1 Text Amendment 2. CEQA Review: Proposed Negative Declaration and Initial Study (issued 3/31/2014) 3. Comment Letters 4. General Plan Amendment (County File: GP#12-0002): Adding Policies to Support and Promote Urban Agriculture in North Richmond a. Draft Policy #3-191 b. Draft Policy #3-192 5. Zoning Text Amendment (County File: ZT#14-0001): Amending the North Richmond P-1, Planned Unit District a. Update Section B. Development Standards Table b. Update Section C. Land Use Matrix c. Update Section D. Conditions for Development and Use of Property in the North Richmond Area 6. Background Information on the California Homemade Food Act” (AB 1616) 7. Draft County Planning Commission Resolution No. 9-2014 {This page intentionally left blank} Figure #1 North Richmond Area P-1, Planned Unit Zoning District Richmond Pinole El Cerrito San Pablo Hercules Richmond Nor th Richmond Wildcat CreekSa n Pa b l o Cr e e k Map Created 3/18/2014by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI00.5 10.25 Miles This map was created by the Contra Costa County Department of Conservation andDevelopment with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Figure 1: Nor th Richmond Area P-1 Planned Unit Zoning District Cutting Blvd Sa n Pa b l o Av eRichmond Pkwy§¨¦80 §¨¦80 §¨¦580 §¨¦580 North Richmond P-1 Planned Unit District WaterBodies Contra Costa County Boundary Creeks City Limits Attachment #1 April 24, 2012 Board Order, Contra Costa County Board of Supervisors Subject: Authorizing North Richmond Urban Agriculture General Plan Amendment Study and P-1 Text Amendment RECOMMENDATION(S): 1. AUTHORIZE the Department of Conservation & Development to initiate a review of General Plan policies for North Richmond and prepare necessary revisions to the North Richmond P-1 (Planned Unit) Zoning District to permit urban agriculture uses and activities within North Richmond. 2. REQUEST that the Department of Conservation & Development to collaborate with Supervisorial District I to pursue potential grant funding opportunities from public agencies or private foundations to support this new planning initiative for North Richmond. FISCAL IMPACT: If authorized, the cost in staff time and materials to undertake this new planning initiative for North Richmond, which is estimated in the range of $40,000 to $50,000, would be absorbed under the Department of Conservation & Development’s existing budget. However, should potential grant funding be secured it would be used to backfill the Department’s costs for this new planning initiative. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/24/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES 4 NOES ____ ABSENT 1 ABSTAIN ____ RECUSE ____ Contact: Luz Gomez, 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 24, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 4 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 24, 2012 Contra Costa County Subject:Permitting Urban Agriculture Land Uses and Activities within North Richmond BACKGROUND: Urban agriculture is the practice of growing, processing, and distributing fresh food products by people living in an urban area. Urban agriculture includes a wide range of activities related to food production, including home gardens, community gardens, institutional gardens, urban farms that raise animals, and farmers’ markets. Many cities and counties throughout the San Francisco Bay Area and across the nation have recognized the importance of urban agriculture as part of a local food system, and are now permitting various agriculture uses and activities in urbanized areas to foster both sustainability and access to healthy food. The concept of urban agriculture was included in a Specific Plan being prepared to transform a 200 acre industrial area of North Richmond into a new residential neighborhood. The Specific Plan was in preparation by the Department of Conservation & Development and the County Redevelopment Agency when the State Supreme Court in late December 2011 upheld state legislation to dissolve redevelopment agencies. As a result of the Redevelopment Agency dissolution process, all work on the Specific Plan was suspended and it is unknown at this time whether the plan can proceed without redevelopment. It would be unfortunate to discard the Specific Plan’s work on urban agriculture. Much of this work could be incorporated into the County General Plan’s existing policies for North Richmond and transferred into the existing North Richmond P-1 (Planned Unit) Zoning District. It is recommended that the Board authorize the Department of Conservation & Development to initiate a review of General Plan policies for North Richmond and prepare necessary revisions to the North Richmond P-1 (Planned Unit) Zoning District to permit urban agriculture uses and activities in North Richmond based upon abovementioned draft Specific Plan. Additionally, while the costs for staff time and materials could be assumed under the Department’s existing budget, it is further recommended that staff from District I and the Department work together to secure potential grant funding for this project from other public agencies or private foundations to demonstrate how urban agriculture could be incorporated into local land use policies and regulations. CONSEQUENCE OF NEGATIVE ACTION: The Department of Conservation & Development would not initiate new planning initiative for North Richmond to review General Plan policies and prepare necessary revisions to the North Richmond P-1 (Planned Unit) Zoning District to permit urban agricultural uses and activities within North Richmond. CHILDREN'S IMPACT STATEMENT: Not applicable. {This page intentionally left blank} Attachment #2 CEQA Review: Proposed Negative Declaration and Initial Study (issued 3/31/2014) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Attachment #3 Comment Letters Attachment #4 General Plan Amendment (County File: GP#12-0002): Adding Policies to Support and Promote Urban Agriculture in North Richmond a. Draft Policy #3-191 b. Draft Policy #3-192 General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 1 POLICIES FOR THE NORTH RICHMOND AREA 3-185. For all industrial categories, the Plan should accommodate and guide the growth and development of industry. With growth and development there needs to be a recognition of environmental, social and economic values which will work to minimize land use conflicts, to establish a reasonably pleasing setting and to protect natural resources that are irreplaceable. Through appropriate regulatory mechanisms (e.g., zoning ordinance, nuisance ordinance, etc.) provide for the following: o Require a setback from San Pablo and Wildcat Creeks for new structures. The size of the setback will be developed through site development review in conjunction with responsible agencies (e.g., Department of Fish and Game, Flood Control District). Lands within these setback areas shall reinforce the habitat values and/or trail setting of the adjacent flood control project for these creeks. o Require setbacks within shoreline areas to protect wetlands designated by State or Federal regulatory agencies and to provide public access as appropriate. The size of the setback or mitigation will be developed in conjunction with all affected agencies. o Require health risks assessments and, where appropriate, provide necessary buffers for all new applications handling substantial amounts of hazardous materials. o Achieve an upgrading of the visual appearance and unity of the area through architectural and landscape requirements and utility under-grounding. o Require special geotechnical studies and construction techniques in areas of potential seismic or geological hazards (e.g., Alquist-Priolo Special Study Zone, high liquefaction, and reclaimed wetland areas). o Use established standards to limit activities that may endanger human health and can cause damage to the environment. o Use established standards to limit activities which may be objectionable such as odors, fumes or other emissions so they will be contained within the property boundaries. o Require projects adjacent to parks or recreational corridors to minimize impacts on the recreational values of those facilities. o Require a shadow analysis for projects adjacent to commercial nurseries and protect the solar access of affected properties. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 2 o Require archaeology reconnaissance surveys for all projects within an archaeological sensitivity area. When cultural resources are located within a project, measures to deal with the historic resource shall be recommended by a qualified archeologist. o Require all uses to comply with the regulations of the Bay Area Air Quality Management District, the Regional Water Quality Control Board, the San Francisco Bay Conservation and Development Commission, the State and County health departments, and any other regulatory agencies which exist or may be established to ensure environmental quality in the San Francisco Bay Region. o Screen all outside storage/maintenance areas from public streets. a. LIGHT INDUSTRY Amend the "Light Industry" land use category of the General Plan Land Use Element for North Richmond to read as follows: Industrial activities in this category are established in areas where development is carefully controlled to ensure compatibility between the industrial operations and other activities and the character of the district, community and environment in which they are located. The appearance of each site, building or industrial operation, and each industrial district as a whole, should establish a reasonably pleasing and harmonious setting. Types of uses within this category can range from research, engineering, product development and testing, and sales development to light manufacturing, warehousing, distribution centers, and commercial nurseries. Support retail/service uses may also be found in this category. In addition to the policies and factors established to guide development in all commercial and industrial areas, the following policies and factors are established to guide the development of Special Industrial areas: (1) "Apply special zoning designations or planned unit districts to provide use limitations, in cases where uses need to be limited to protect the character of an area, "in all cases where. (2) Limit activities which may result in noise, glare or vibrations extending beyond the property boundary." b. HEAVY INDUSTRY General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 3 Amend the "Heavy Industry" land use category of the County General Plan Land Use Element for North Richmond to read as follows: "Industry activities in this category are traditionally larger scale and include very little or no office space. Sufficient visual open space and/or landscaped screening between industrial operations and adjacent residential or recreational activities shall be required as needed." This category accommodates a wide variety of industrial activities including, but not limited to, oil refining, contractors' storage yards, warehouses, and machine shops. For the North Richmond area, this category also includes commercial nurseries. Support retail/service uses may also be found in this category. In addition to the policies and factors established to guide development in all commercial and industrial areas, the following policies and factors are established to guide the development of General Industrial areas: o Encourage commercial nurseries to remain in the area. o Require projects involving auto-dismantling activities to be enclosed and prohibit outside storage of vehicles. o Limit activities which may result in noise, glare or vibrations beyond the designated industrial areas. o Make a finding that new residential uses within this designation are incompatible. 3-186. IMPLEMENTATION The City of Richmond and the County shall undertake a rezoning study of the area to bring the zoning in conformance with their respective General Plans. All new permits with conditions of approval shall be monitored by the County or City. Additionally, the City of Richmond and the County shall undertake a more vigorous zoning investigation and enforcement program. The County and City shall require verification that all appropriate State and Federal or regional permits are granted before building permits are issued for the projects. Project applicants shall provide a site history for uses that have previously been on the property as part of any permit application process. As appropriate, soils analysis for toxic wastes shall be required for permit applications. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 4 3-187. A Redevelopment Plan for the North Richmond area was adopted by the Board of Supervisors in July 1987. All development proposals should be reviewed by, and coordinated with, Redevelopment Agency staff to ensure compatibility with the Redevelopment Plan. Additionally, involvement with the redevelopment process will allow the County to coordinate concurrent development proposals and to possibly facilitate the construction of public improvements that will further the goals of the Redevelopment Plan. 3-188. Lands which were the site of the West Contra Costa Sanitary Landfill ownership and which are designated as Open Space, will continue to allow solid waste facilities on the property as an interim use of the land. 3-189. "The West County Integrated Resource Recovery Facility site, circumscribed by Central Street, Brookside Drive, Third Street and the Wildcat Creek, is recognized as a non-disposal facility in the countywide Integrated waste Management Plan." 3-190. The Fifth Street and Market Avenue General Plan Amendment is intended to support up to three residential units. Development of new residential units should be visually compatible with the existing residences which are just south and adjacent to this area. A density bonus is to also be considered as part of potential future development for further implementing the North Richmond Redevelopment Plan." 3-191. Urban agriculture is the practice of growing, processing, and distributing fresh food by people living in an urban area. Urban agriculture includes a wide range of activities related to food production, including home gardens, community gardens, demonstration or educational gardens, urban farms, and farmers’ markets. This plan acknowledges that urban agriculture can help meet local food needs for residents of North Richmond and the surrounding area while also promoting environmental sustainability, good health and nutrition, and opportunities for economic and community development. It is the intent of this plan to promote and support the development of urban agriculture in North Richmond by permitting the following activities and uses related to agricultural production: a. Edible Landscapes: Edible landscapes are to be encouraged and permitted in North Richmond. These are defined as cultivating food-producing plants and trees in the landscaping of both private and public outdoor open spaces within North Richmond, attended by an individual, community organization, or business. General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 5 b. Home Garden: A Home Garden is defined as a home or private food-producing garden located in the front or backyard, rooftop, courtyard, balcony, fence, or wall window sill of a private single family residence, which is attended by an individual. It is permitted in all residential designated areas of North Richmond when the gardening activity is incidental to a residential use. Home gardens are permitted in all single family residential designated areas and multi-family residential designated areas . Bee keeping and raising of poultry and animals are not permitted in a Home Garden. The products grown in a Home Garden are intended for personal consumption and are not intended for on-site sale but may be sold off-site. c. Community Garden: Community Gardens are permitted in residential, commercial, industrial, and public or open space designated areas within North Richmond. A Community Garden is defined as contiguous or non-contiguous plots of land set aside for growing food producing or ornamental plants and trees, which is collectively shared, managed, and attended to by an organized group of people. Oftentimes, a Community Garden is comprised of a series of plots attended to individually by community members. Small-scale bee keeping (no more than 4 bee hives), and the raising of hen chickens for egg production on parcel not less than 20,000 square feet of area, is permitted in a Community Garden. Maintaining more than four bee hives, and raising poultry other than hen chickens and farm animals, are not permitted in a Community Garden. Although products grown in a Community Garden are normally intended for personal consumption, limited on-site sales at a Community Garden may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. d. Demonstration or Educational Garden: A Demonstration or Educational Garden is defined as a plot of land, either contiguous or non-contiguous, set aside for a small to medium- scale (non-mechanized) food-producing garden on public or private property for growing food producing or ornamental plants and trees, which is attended to by a community organization or public or private educational based institution. Demonstration or Educational Gardens are permitted in the residential, commercial, industrial, and public or open space designated areas within North Richmond through the administrative review procedures under the amended North General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 6 Richmond P-1, Planned Unit District. Small-scale bee keeping, meaning no more than 4 bee hives, and raising hen chickens for egg production is permitted, but no other form of poultry or animal raising is permitted. On-site sale of agricultural products for educational, therapeutic, community service, or philanthropic purposes may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. e. Urban Farm: An Urban Farm describes the production of food- producing or ornamental plants, bees, fish, poultry, or small farm animals located on private property at least one (1) acre in size, and designed and managed for commercial purposes using a variety of horizontal and vertical growing techniques, including in-soil, container, hydroponic and aquaponic growing systems. An Urban Farm may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District in those areas designated for industrial use, public, open, and park uses, and, in a commercial designated area subject to a Land Use Permit; but an Urban Farm is not allowed in any residential designated area. The establishment of on-site processing facilities (e.g. commercial kitchen, packing or packaging, etc.) and on-site sale of agricultural products may be allowed under the administrative review procedures of the amended North Richmond P-1, Planned Unit District. Certain forms of on-site processing or on-site sale (e.g. winery) will be subject to a Land Use Permit process. f. Urban Agriculture Demonstration Site: Contra Costa County will collaborate with community based organizations, other public agencies, and interested businesses to explore the feasibility of establishing an urban agriculture learning and demonstration site within the non-residential designated area of North Richmond. The purpose is to establish a suitable location to demonstrate and practice a full range of urban agriculture uses and related activities for the benefit of the North Richmond community and surrounding area by providing opportunities for children and adults alike to learn and participate in the growing and production of locally raised food. The Urban Agriculture Demonstration Site may be managed and operated by a community based organization, by a public entity, or by a commercial operator. The Urban Agriculture Demonstration Site may be located on public land, or private property, or co-located with another public use or facility (e.g. park or open space General Plan Amendment (County File GP#12-0002): To Support and Promote Urban Agriculture in North Richmond Add New Policies 3-191 and 3-192 (see new policy text in red), Ch. 3 Land Use Element, “POLICIES FOR THE NORTH RICHMOND AREA” 7 area). One potential location for the Urban Agricultural Demonstration Site is an approximately 4 acre parcel (Assessor Parcel No. 408-201-017) owned by Contra Costa County located at the northeast corner of Fred Jackson Way (formerly 3rd Street) and Brookside Drive. 3-192. Contra Costa County working through the County Agricultural Commissioner, County Environmental Health Officer, and Department of Conservation and Development, and in collaboration with the University of California Cooperative Extension, Contra Costa Resource Conservation District, urban agriculture practioners, community based organization, and other interested parties, will develop and implement a set of best management practices for urban agriculture within the North Richmond area. The best management practices should be directed at promoting environmentally safe and sustainable methods for growing, producing, processing, and transporting agricultural products raised in North Richmond, including disposal of food and agricultural by- products. The best management practices will include the physical and operational standards for the community, demonstration/educational garden categories, and the urban farm and urban agriculture demonstration site categories, as defined above in policies 3-191.b. through 3-191.f., which may in turn be translated into a zoning code text amendment under the North Richmond P-1, Planned Unit District. The overall objective of these best management practices will be to protect public health and safety and to assure sustainable use of the land. g:\advance planning\urban agriculture\north richmond p-1\june ver. north richmond urban ag proposak\gpa add policy 3-191, support and promote urban agriculture, policies for the north richmond area.doc Attachment #5 Zoning Text Amendment (County File: ZT#14-0001): Amending the North Richmond P-1, Planned Unit District a. Update Section B. Development Standards Table b. Update Section C. Land Use Matrix c. Update Section D. Conditions for Development and Use of Property in the North Richmond Area g:\advance planning\urban agriculture\north richmond p-1\development standards.6.5.2014docx.docx DEVELOPMENT STANDARDS Approved 2/11/03 Commercial (CO) Light Industrial (L-I) Heavy Industrial (H-I) Special Light Industrial (SpcI-LI) Special Heavy Industrial (Spcl-HI) Single-Family Residential (SL/SM/SH) Multi-Family Residential (ML/MM/MH) Minimum Lot Area 3,500 sq.ft. 7,500 sq.ft. N/A ½ acre 1 acre 4,500 sq. ft. single fam 7,000 sq. ft. – duplex 10,000 sq.ft. Minimum Lot Width 35’ N/A N/A 125’ 100’ N/A Maximum Building Height 35’ 50’ 40’ 35’ (b) 40’ 30’ or 2 stories Floor Area Ratio (FAR) 1.0 0.67 0.67 0.40 (c) 0.40 (c) N/A (g) Maximum Lot Coverage 40% 50% 30% (C) 50% 30% N/A Residential Density (units per net acre) --- --- --- --- --- SL: 1-2.9 SM: 3-4.9 SH:5-7.2 ML: 7.3-11.9 MM: 12-20.9 MH: 21-29.9 MV: 30-44.9 Front Yard Setback (h) 10’ 10’ 10’ 15’ 15’ 20’ to garage 10’ to house 10’ Side Yard Setback (h) 0’ 10’ 0’ 10’ 0’ Lot width min.setback/agg/ Up to 31’ 3’ / 6’ 31’ – 41’ 3’ / 8’ 41’ – 51’ 5’ / 10’ 51’ – 80’ 5’ / 15’ 80’ – 120’ 10’ / 20’ 120’ – 140’ 15’ / 35’ 104’ and up 20’ / 40’ Street Side Yard Setback 10’ 10’ 0’ 15’ 15’ 10’ Rear Yard Setback (e) (h) 0’ 0” 0’ 0’ 0’ 15’ Building Setback from Natural Conservation District N/A N/A N/A 20’ N/A N/A Setback from Parkway N/A 50’ 50’ 50’ 50’ 50’ Parking area setbacks 0’ 5’ front yard 0’ side/rear yard 10’ front yard 5’ side/rear yard Same as building Parking Office: 5 p/1000 sq. ft. Lab: 2 p/1000 sq. ft. CO: 4 p/1000 sq. ft. Warehouse: 1 p/1000 sq. ft. 1 space – garage/1 driveway <3 bdrm 2 space – garage/2 driveway- >4 bdrm Studio: 1 p/unit 1 bdrm: 1.5 p/unit 2+ bdrm: 2 p/unit Plus ¼ p/unit Minimum Landscaped Area 10% Front and corner side yards, excluding approved driveway (a) Senior housing block area not subject to the above development guidelines (see condition #64) (b) Height exception up to 45 feet for structure necessary to the operation of the use (c) With additional study and mitigation for cumulative traffic impacts, the floor area ration (FAR) may be increased to 0.65 (d) 50% lot coverage is allowed for Light industrial uses within Heavy Industrial land use designations (e) Detached accessory structure, located behind the residence and not adjacent to any street may have side and rear yard of 3 feet minimum, must be no longer higher than 15 feet and are limited to 500 sq. ft. (f) Side yards may be reduced to 0 feet with the approval of an Administrative Permit and in compliance with all applicable building codes. (g) For lots less than minimum standards, FAR limitation of 0.60 applies (h) Structures provided for the housing of animals must comply with the setback requirements as described in County Ord. Code Section 84-14.1402 (Animal structure- General provisions) Note: Proposed new text shown in red 1 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Agriculture Agricultural Production ----- ----- ----- A A P P P Agricultural Storage ----- ----- P P P ----- ----- ----- Community Garden A (18) A (18) A (18) A(18) A(18) A(18) A(18) A(18) Commercial Nurseries/ Greenhouses L L L A A ----- ----- ----- Demonstration / Educational Garden A(18) A(18) A(18) A(18) A(18) A(18) A(18) A(18) Edible Landscape P P P P P P P P Home Garden (1.a) P P ----- ----- ----- P P P Horticulture (1.b) ----- ----- P P P ----- ----- ----- Selling Incidental to Agriculture ----- ----- A A A A A A Processing Incidental to Agriculture ----- (1.c) ----- (1.c) A A A A A A Urban Agriculture Demonstration Site ----- ----- A(18) A(18) A(18) A(18) A(18) A(18) Urban Farm ( >1 acre) ----- ----- L(18) A(18) A(18) A(18) A(18) A(18) Animals Animal Hospital/Clinic ----- ----- A L L A L ----- Apiary P ----- ----- P P ----- ----- ----- Aviaries L ----- P P P P P ----- Dog Kennel ----- ----- L L L ----- ----- ----- 3 dogs/5 cats (or less) P P P P P P P P 3 dogs/5 cats (or more) L L L L L L L L Horse Riding Academy ----- ----- ----- L L L L ----- Livestock P (2) ----- ----- A P ----- ----- ----- Poultry P (3) ----- ----- P (3) P (3) ----- A (3) ----- Petting Zoo (Interactive Animal Display) ----- ----- ----- L L L L ----- Automotive Auto Garage ----- ----- L L L ----- ----- ----- Body Repair ----- ----- L L L ----- ----- ----- Gas Station ----- ----- L L L ----- ----- ----- Wrecking Yard ----- ----- ----- L L ----- ----- Note: Proposed new text shown in red 2 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Commercial Adult Entertainment (4) ----- ----- L ----- ----- ----- ----- ----- Area Serving Retail ----- ----- A L L ----- ----- ----- Bakery ----- ----- A A A ----- ----- ----- Barber/Beauty Shop ----- ----- A A(12) A(12) ----- ----- ----- Bed & Breakfast A A A ----- ----- ----- A (5) A (5) Contractor's Yard ----- ----- L A A ----- ----- ----- Distribution ----- ----- A A A ----- ----- ----- Drug Store ----- ----- A A (12) A(12) ----- ----- ----- Equip. Repair & Welding ----- ----- L A A ----- ----- ----- Freight Terminal ----- ----- L A A ----- ----- ----- Grocery Store ----- ----- A ----- ----- ----- ----- ----- Hotel/Motel ----- L A ----- ----- ----- ----- ----- Laundry ----- ----- A P P ----- ----- ----- Liquor Store (6) ----- ----- L ----- ----- ----- ----- ----- Lumber Yard ----- ----- A A A ----- ----- ----- Personal Services ----- ----- A A (12) A(12) ----- ----- ----- Restaurant ----- ----- A A (12) A(12) ----- A(12) ----- Retail Sales ----- ----- A A (12) A(12) ----- A(12) ----- Shopping Malls ----- ----- A ----- ----- ----- ----- ----- Take Out Food (7) ----- ----- A A (12) A(12) ----- ----- ----- Temporary Sales ----- ----- A A A ----- ----- ----- Trucking Yard ----- ----- ----- A A ----- ----- ----- Warehousing ----- ----- L A A ----- ----- ----- Manufacturing Book Binding ----- ----- A A A ----- ----- ----- Cabinet Shop ----- ----- A A A ----- ----- ----- Note: Proposed new text shown in red 3 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Chem./Petro Processing ----- ----- ----- A A ----- ----- ----- Fabricating ----- ----- L A A ----- ----- ----- Light Industry ----- ----- ----- A A ----- ----- ----- Manufacturing ----- ----- A A A ----- ----- ----- Metal Working ----- ----- ----- A A ----- ----- ----- Oil & Gas Drilling L L L L L A(14) A (14) A(14) Packaging ----- ----- A A A ----- ----- ----- Printing/Lithography ----- ----- A A A ----- ----- ----- Processing ----- ----- L A A ----- ----- ----- Product Development & Testing ----- ----- A A A ----- ----- ----- Mobile Homes Caretaker Mobile ----- ----- L L L L L L Family Member Mobile Home L L L ----- ----- L L L Mobile Home Parks ----- L ----- ----- ----- ----- ----- ----- Mobile Home Subdivision ----- L ----- ----- ----- ----- ----- ----- Permanent Mobile Home A A A ----- ----- A A A R.V. Parks or Campgrounds ----- ----- L ----- ----- ----- L ----- Temporary Mobile Home L L L ----- ----- L L L Temp. Construction Trailer A A A A A A A A Miscellaneous Accessory Structure P P P P P P P P Athletic Complex ----- L (12) A L L L L L Outdoor Recreation Complex ----- ----- L L L L L L Outdoor Storage ----- ----- A A A ----- ----- ----- Private Retreats ----- ----- ----- ----- ----- L L L Shooting Ranges ----- ----- ----- ----- ----- L L L Temporary Use ----- ----- A A A ----- ----- ----- Office Admin/Executive Offices ----- ----- A A (12) A (12) ----- ----- ----- Business/Professional Offices ----- ----- A A (12) A (12) ----- ----- ----- Medical Clinics ----- ----- A A A ----- ----- ----- Note: Proposed new text shown in red 4 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Medical/Dental Offices ----- ----- A A A ----- ----- ----- Multi-Tenant Offices ----- ----- A A A ----- ----- ----- Professional Offices ----- ----- A A A ----- ----- ----- Research Laboratories ----- ----- A A A ----- ----- ----- Public/Semi Public Cemeteries L L ----- ----- ----- L L L Child Care (12 or less) P P P P P P P P Child Care (13 or more) L L A A (12) A(12) L L L Churches L L A L L ----- ----- ----- Convalescent Care (<6 or >6) P/A P/A P/A ----- ----- P/A P/A P/A Communication Towers/Facilities L L L L L L L L Golf/Outdoor Sports L L ----- ----- ----- L A A Hospitals/Institutions ----- ----- A ----- ----- A ----- ----- Museums ----- ----- A ----- ----- A ----- ----- Parking Lots (8) A A A A (12) A(12) A A A Public Buildings A A P P P P P A Public Utilities/Pipelines (10) ----- ----- ----- ----- ----- ----- ----- ----- Quasi-Public Facilities L L A L L A L L Radio/TV Trans. & Receiving L L L L L L L L Residential Care (<6 or >6) P/A PA P/A ----- ----- P/A P/A P/A Recycling/Disposal Facilities Buy-Back Facility/Container ----- ----- ----- A A ----- ----- ----- Buy-Back Facility/Non- Container ----- ----- ----- A A ----- ----- ----- Bulk Material Processing ----- ----- ----- L L ----- ----- ----- Composting Facility ----- ----- ----- L L ----- L ----- Drop-Off - Unattended ----- P P P P ----- ----- ----- Interim Recycling Facility (16) ----- ----- ----- ----- ----- ----- ----- L Intermediate Processing ----- ----- ----- L L L ----- L Note: Proposed new text shown in red 5 Key [-----] = Not a Permitted Use P = Permitted Use A = Permitted Use - Requires Administrative Review L = Use Requires a Land Use Permit Development Permit Required for all development of new non-residential projects and additions to non-residential projects over 50% of the existing gross floor area or 10,000 square feet (whichever is less) and residential projects over 3 units. North Richmond Land Use Matrix RESIDENTIAL NON RESIDENTIAL OPEN SPACE & OTHER Single Family (SL, SM, SH) Multi- Family (ML, MM, MH) Comm. (CO) Light Industrial( L-I) / Business Park (BP) (9) Heavy Industrial (HI) (9) Public/ Semi Public (P, SP) Parks & Recreation (PR) Open Space (OS) Material Recovery Facility ----- ----- ----- L L ----- ----- ----- Solid Waste Disposal (15) ----- ----- ----- L L ----- ----- ----- Transfer Station Redemption Center ----- ----- A A A ----- ----- ----- Residential Accessory Structures P P P P P P P P Boarding Homes ----- A A ----- ----- ----- ----- ----- Single-Family Res. Attached L P ----- ----- ----- ----- ----- ----- Single-Family Res. Detached P P ----- ----- ----- P P P Note: Proposed new text shown in red 6 Footnotes (1.a.) Must be incidental to residential use (1.b.) Commercial Horticulture requires a minimum of 2 1/2 acres. (1.c.) Pursuant to the “California Homemade Food Act” (AB 1616), cottage food operations are allowed to prepare and/or package certain non-potentially hazardous foods in private-home kitchens within residential zones. For more details, consult with the Environmental Health Division, Health Services Dept., Contra Costa County. (2) 40,000 sq. ft. minimum is required to keep livestock. One head of livestock is permitted per 20,000 sq. ft. (3) Poultry means hen chickens for egg production on a parcel of not less than 20,000 sq. ft. in area, with chicken coops or chicken houses setback in compliance with Chapter 84-14.1402 (Animal Structure—General Provisions). (4) Adult Entertainment must comply with Chapter 88-12 of the County Ordinance Code. (5) Bed and Breakfasts in Park and Recreation and Open Space require a minimum parcel size of 20 acres. (6) Liquor Stores may not be closer than 300 and may only be open from noon to 9:00 p.m. (7) Food outlets designed for take-out must comply with the bonding requirements of Section 88-16.010. (8) Parking lots are only allowed adjacent to a public transportation hub or for an adjacent business use. (9) LUP required if the proposal is hazardous per chapter 84-63 or use with the potential for groundwater or air contamination. (10) Exempt except within Railroad Right-of-Way. (11) If consistent with intent of existing approvals or on existing commercial site an admin. Permit only is required. (12) If clearly incidental to primary use (< 5% of gross floor area of building) or where the ZA finds the site is not feasible for Heavy Industrial uses primarily due to parcel size. (13) Home occupation permitted only if the house exists. (14) Oil & Gas drilling to comply with Section 88-14.402 of the zoning ordinance. (15) Subject to Division 418 of the County Code. (16) "Interim Recycling Facility" refers to the uses permitted and regulated by LUP 2054 -92, as it may be amended, which uses may include all of the specific uses listed under the heading "Recycling/Disposal Facilities." LUP 2054- 92 and subsequent amendments rather than this ordinance shall govern the uses permitted, and the procedures and standards applied to approval, construction, and operation of new facilities at the Bulk Materials Processing Center located on the West Contra Costa Sanitary Landfill. (17) LUP 2053-92 and subsequent amendments rather than this ordinance shall govern the uses permitted, and the procedures and standards applied to approval, construction and operation of new facilities at the Central Processing Facility authorized by LUP 2053-92. (18) Subject to compliance with development standards for Community Garden, Demonstration/Educational Garden, Urban Agriculture Demonstration Site, and Urban Farm as described in #60. Section D. Conditions for Development and Use of Property in North Richmond. Note certain operating standards described in #60. Section D. Conditions for Development and Use of Property in North Richmond do not apply to Urban Agriculture Demonstration Site or Urban Farm categories. g:\advance planning\urban agriculture\north richmond p-1\north richmond land use matrix (5).docx Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” 59. A petting zoo, or an interactive animal display, which may involve the boarding, caring, and displaying of small farm animals, is permitted subject to compliance with the following operating standards: a. Petting zoo must only feature small (e.g., animals weighing 100 pounds or less), miniature, or young animals. Full grown cows, horses, hogs or other large animals pose a greater risk of injury to petting zoo visitors and may not be featured in petting zoos. b. Newborn animals are not appropriate for petting zoos and shall not be featured. c. Petting zoo animals shall be screened to eliminate those that exhibit aggressiveness, signs of illness, or other types of poor behavior. d. Petting zoo pen and enclosure areas shall be effectively managed and supervised to provide environments that are safe and healthy for both visitors and animals and their interactions. e. Petting zoo animal exhibit or visit area shall be designed and located separate from areas where people may eat food. f. Hand washing stations shall be located in all animal-visiting areas (animal exhibits and petting zoos) so that animal handlers and visitors can wash their hands. Hand washing stations should be conveniently located, sufficient for the maximum anticipated attendance, and configured for use by children and adults. g. Signs shall be posted to advise visitors to use the hand washing station upon entry to and exit from the animal exhibit or visiting area and to notify visitors that they are entering an animal area and that there are risks associated with animal contact. h. The group operating the petting zoo shall provide proof of insurance coverage for liability, and accident and sickness. i. In addition to any state or County regulations, the group operating the petting zoo shall follow the recommendations of the most current version of the “Compendium of Measures to Prevent Disease Associated with Animals in Public Settings”, published by the National Association of State Public Health Veterinarians.(NASPHV).http://www.nasphv.org/Documents/AnimalsInPublicSettings. pdf) g:\advance planning\urban agriculture\north richmond p-1\june ver. north richmond urban ag proposak\petting zoo.standard.docx Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” 60. In reviewing a proposal to establish a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm the following development standards shall be applied: SITE LOCATION a. A site plan shall be submitted. It shall indicate the proposed site location, site size, appurtenant structures and facilities, fencing, and lighting. b. The site should be located on land that is level enough to support the intended use and in areas that receive adequate sunlight for the intended purpose without the removal or excessive trimming of trees. c. The site should be located in an area that is agriculturally suitable, including soil conditions, topography, and solar access. d. The site should not be located on park land currently used for active or passive recreation. e. The site should not be located on designated or dedicated open space lands. Exceptions may be granted for open space land that does not contain sensitive habitat and is not contiguous to open space or land with sensitive habitat. SITE DESIGN f. The site shall be designed and maintained so that water, fertilizer, pesticides, and herbicides will not drain to adjacent property or to the public right of way. g. A minimum 3-foot-wide, clearly marked entrance path shall be provided from the public right-of-way to the garden. (Community Garden or Demonstration/Educational Garden only) h. A permanent fence shall be provided on the perimeter of the site. Any fence within the front yard or street side yard shall be an open fence. The fence shall be at least five (5’) feet in height and shall not exceed six (6’) feet in height. The fence shall include at least one access gate. Except as otherwise provided in this paragraph, fences shall be in compliance with the County Ordinance Code. (Community Garden or Demonstration/Educational Garden only) i. Fencing for the perimeter of the site shall be chain link or ornamental tubular steel. Internal fencing for screening purposes may be solid fence provided the height does not exceed four feet (4’). The maximum height for any site structures such as trellises, arbors, or other plant supports shall be six feet (6’). j. Refuse storage areas shall be provided and screened to enclose all refuse generated from the garden. Refuse areas shall be located as close as practicable to the rear and center of the property. k. Walkways inside the site shall be a minimum width of four feet (4’). All walkways, turning areas and landings and walkway materials shall meet Americans with Disabilities Act (ADA) requirements. (Community Garden or Demonstration/Educational Garden only) l. On-site storage facilities are permitted. This may include tool sheds, shade structures, hoop houses, small greenhouses, plant preparation houses, and other similar structures. Cargo containers or similar storage facilities shall not be allowed. The maximum size for any storage structure is hundred twenty (120’) square feet and the maximum height is ten (10’) feet, any larger storage structure would require a building permit. Storage facilities shall be located within the setback standards for the North Richmond, P-1, Planned Unit District. Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” m. To the extent possible, the site plan should identify the storage location and use of potentially hazardous materials (e.g. fertilizer, pesticides, herbicides, fuels, etc.), as their use may require the approval by other County departments or public agencies. For example, the application of certain types of pesticides and herbicides, and their quantities, may require a permit from the Contra Costa County Agriculture Commissioner. n. Trash cans or dumpsters for the site shall be provided and located away and screened from adjacent parcels. o. On-site composting areas are permitted so long as they are setback three (3’) feet from adjacent parcels, and cover no more than ten (10) percent of the total site area. Composting bins, if provided, shall be specifically designed for that purpose, they shall be screened from adjacent parcels or public right of way. The composting areas shall be managed to prevent rodents and pests, to prevent odors, and to prevent leachate from flowing onto adjacent parcels and the public right of way. All compost materials must be used on-site and not transported off-site. p. Lighting to provide safety and security for the site is permitted. Any proposed lighting, however, must be shielded so that lighting is focused down on the subject site and shielded so that it is not directly visible from adjacent properties. Low-profile solar light that does not connect to an electrical circuit or junction is permitted. q. Signage shall be posted at the entrance to a Community Garden site or Demonstration/Educational Garden site. Signage shall be constructed of durable and permanent material, such as aluminum or steel. The sign shall not exceed a maximum of area of six (6’) square feet (2’x3’), and at minimum, it shall include the following information: i. Garden Name ii. Hours of operation iii. Contact name and phone number, include emergency contact name and phone number iv. Indicate that Community Garden operates under approved rules v. County Code statement that “The on-site sale of produce is not permitted.” OPERATING STANDARDS (Community Garden or Demonstration/Education Garden only) r. Along with the site plan a set of written operating rules addressing the governance and management structure of the site shall be submitted. It shall identify the name of the entity or organization operating the site. It shall include hours of operation, maintenance and security requirements and responsibilities, and identify a garden coordinator (the person responsible for site management and contact in case of emergency). It shall indicate if fertilizers, pesticides, and herbicides, organic or inorganic, will be used on-site, and the procedures for their handling and storage within an enclosed, ventilated, and locked unit. It shall indicate procedures for removing refuse from the site, and how it will be maintained free of high grass, weeds, or other debris. The minimum number of individual plots for the site shall be identified within the operating rules or by the site plan. The written operating rules shall identify the name and telephone contact number for the garden coordinator. A copy of the written operating rules shall be kept on file with the Department of Conservation and Development. s. The on-site sale of produce is not permitted. Proposed new text shown in red to North Richmond Planned Unit District (P-1), Section D. Conditions for Development and Use of Property in the North Richmond Area, under subsection heading “DEVELOPMENT STANDARDS” t. Site hours of operation shall be limited to the hours between sunrise and sunset and the site shall be locked during non-operating hours. g:\advance planning\urban agriculture\north richmond p-1\devstandards.communitygardens .docx Attachment #6 Background Information on the California Homemade Food Act” (AB 1616) Cottage Food Operations Overview 1 COTTAGE FOOD OPERATIONS Assembly Bill (AB) 1616 authored by Assembly Member Gatto, Chapter 415, Statutes of 2012, was signed into law by Governor Brown on September 21, 2012, and became effective on January 1, 2013. The bill allows individuals to prepare and/or package certain non-potentially hazardous foods in private-home kitchens referred to as “cottage food operations” (CFOs). AB 1616 creates a two-tier cottage food operator registration and permitting system to be enforced by local county or city environmental health agencies: 1) “Class A” cottage food operators are those operations that sell CFO prepared foods directly to the public (at the home where the cottage food operation is located or at a community event), and 2) “Class B” cottage food operators are those operations that sell CFO prepared foods either indirectly through restaurants and stores or both directly to the public as well as indirectly to the public via sale to retail food facilities such as restaurants and markets. There are different requirements for “Class A” and “Class B” cottage food operations. “Class A” cottage food operations must submit a completed self-certification checklist approved by the local environmental health agency when they submit their registration application. “Class B” operations must submit a permit application and be inspected prior to obtaining a permit from the local environmental health agency. All cottage food operations must be registered or permitted by their local environmental health agency before commencing business. Please contact your local environmental health agency for more information. All cottage food operators will have to meet specified requirements pursuant to the California Health and Safety Code related to preparing foods that are on the approved food list, completing a food processor training course within three months of registering, implementing sanitary operations, creating state and federal compliant labels, and operating within established gross annual sales limits. The local environmental health agency may inspect the permitted or registered area of the private home in which the cottage food operation prepares, handles, or stores food (1) prior to issuing a permit to “Class B” CFOs and (2) on the basis of a consumer complaint where there is reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation has violated provisions of law related to cottage food operations. Cottage food operations are not allowed to manufacture potentially hazardous foods, acidified foods, or low acid canned food products that would support the growth of botulism if not properly prepared. These foods, as well as other foods not on the approved foods list, are regulated by the California Department of Public Health (CDPH). The enactment of AB 1616 provides cottage food operators with the opportunity to operate a small scale food business. Once the cottage food operation exceeds the gross sales volume established in the law, they must move their operations to a commercial processing facility and register with the CDPH under the Processed Food Registration Program. You may contact CDPH at (916) 650-6516 for more information about registration. Starting your Contra Costa County Cottage Food Operation (CFO) Please allow at least 15 working days from the time of submittal of your completed application packet for review. Approval is required from Environmental Health prior to starting your CFO business. See listing of approved Cottage Foods on the reverse side. It is highly recommended you have a solid business plan in place prior to submitting for permits from various agencies. Please consider contacting the Contra Costa Small Business Development Center 925-602-6806 or www.contracostasbdc.org for guidance. Step 1 . . . Obtain and complete required items below needed for application submittal to Contra Costa Environmental Health:  Fees paid in full at the time of submission*  Copy of received & date stamped City/County Planning /Zoning Department CFO Home Occupation Application  EH Consumer Protection Services Application – 1 page http://cchealth.org/eh/ (for all forms needed)  EH California Homemade Food Act AB1616 (Gatto) Registration/Permitting Form – 5 pages  EH Cottage Food Operations Self Certification Checklist (CFOs – Class A/B) – 2 pages  Copies of all product labels using required California Department of Public Health format/wording (if stating the use of organic ingredients, must attach a copy of the USDA certification for each item)  Copy of current Food Handler Course Certification – on line courses are available.Completed within 3 months. http://www.cdph.ca.gov/programs/Documents/fdbCFOtrain.pdf Copy of certification may be faxed to CCEH 925-692-2502 be sure to state the name of your CFO  Photocopy of your current CA Driver’s License (must be a clear, legible copy) Fees: All fees are subject to change without notice.  New Class A – Direct Sales Packet Review $400.00 + $39.00 Includes review, application fee, 1st year registration Total: $439.00  New Class B – Indirect/Direct Sales Packet Review $679.00 +$39.00 Total: $718.00 *Subsequent years with no changes $95.00 – due annually Jan 1-Dec 31 Jan 1-Dec 31 *Contra Costa Environmental Health must be notified if there are any changes to the labels, place of residence or products being made, a packet review charge will apply. California Department of Public Health information and updates: For approved food listing and program updates regarding the new California CFO AB1616 Gatto bill, please visit the California Department of Public Health: http://www.cdph.ca.gov/programs/Pages/fdbCottageFood.aspx Step 2 . . . After submittal: When completed application and payment are received, all applications are date stamped, reviewed by the Inspector and CFO Supervisor. You will be contacted via e-mail, and/or phone to be advised of any changes, or additional documentation and approval or denial. It is your responsibility to return calls and e-mails in a timely manner for a turnaround time of approximately 15 working days. Keep in mind there are other applications on review ahead of yours. Continued . . . APPLICATION FEE IS NON-REFUNDABLE (SERVICE FEES ARE ADDITIONAL. REFER TO FEE SCHEDULE.) *Subsequent years with no changes $304.00 – due annually Includes review, application fee, travel, inspection,1st year registration Step 3 . . . After final approval: You will be sent your registration / permit with your number to be printed on all labels and the registration for Class A or permit for Class B. If you are planning to sell your products at Farmer’s Markets or Temp Events, you must contact the Market Manager or Temp Event Coordinator to be accepted and approved by them, pay all appropriate fees and added to their vendor list. You must show proof of Contra Costa CFO registration/permit. Do not make, prepare or sell food, including business transactions, prior to receiving your final Environmental Health approval. Should you have additional questions after reviewing the websites above, feel free to call your lead inspector: Don Hwang 925-692-2542 or program clerk, Linda Whalen 925-692-2529. Approved Cottage Foods Cottage food operations are allowed to produce certain non-potentially hazardous foods. These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. The list of approved cottage food categories and their ethnic variations, which cottage food operations are allowed to produce, are listed below. The list will be maintained and updated by the California Department of Public Health (CDPH) on its Internet website as necessary. CDPH may add to or delete food products from the approved products list. Notice of any change, reason for the change, the authority for the change, and the nature of the change to the approved food products list will be posted on the CDPH website and shall be become effective thirty (30) days after the notice is posted. Approved Food Products List (January 1, 2013): (1) Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas. (2) Candy, such as brittle and toffee. (3) Chocolate-covered nonperishable foods, such as nuts and dried fruits. (4) Dried fruit. (5) Dried pasta. (6) Dry baking mixes. (7) Fruit pies, fruit empanadas, and fruit tamales. (8) Granola, cereals, and trail mixes. (9) Herb blends and dried mole paste. (10)Honey and sweet sorghum syrup. (11) Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations. *see below (12) Nut mixes and nut butters. (13) Popcorn., (14) Vinegar and mustard. (15) Roasted coffee and dried tea. (16) Waffle cones and pizelles. *Jams, jellies, preserves, and fruit butter: Cottage food operations which produce jams, jellies, preserves, and other related products must be sure that their products meet the legal established standards of identity requirements for those products as set forth in 21 CFR Part 150. The purpose of the regulation is to maintain the integrity of the food product to ensure consumers consistently get what they expect. The product name and ingredients listed on the label must be factual and comply with the legal definitions and standards of identity or the product may be considered misbranded. Products made with other ingredients that are not defined in 21 CFR 150 cannot be produced by cottage food operations. Addition of other ingredients or alteration of ingredient profiles changes the chemistry of the food, which can allow the growth of various bacteria and toxins under the right conditions. For example, addition of peppers (i.e. jalapeno pepper) to make pepper jelly is not supported by 21 CFR 150 and the addition of this low acid ingredient could cause the formation of botulism toxin in the product if the proper controls are not used. Product Requests: Requests for approval of food not found on the CDPH list, submit to: fdbinfo@cdph.ca.gov The request should include: Your contact information, name of the product as well as a brief description of the ingredients and/or the processing method. Revised 03.31.14 Attachment #7 Draft County Planning Commission Resolution No. 9-2014 RESOLUTION NO. 9-2014 1 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDATION ON THE COUNTY INITIATED PROPOSAL RELATING TO A GENERAL PLAN AMENDMENT AND ZONING TEXT AMENDMENT TO SUPPORT URBAN AGRICULTURE IN THE NORTH RICHMOND AREA (COUNTY FILES: GP#12-0002 AND ZT#14-0001) WHEREAS, on April 24, 2012 the Board of Supervisors directed the Department of Conservation and Development to initiate General Plan Amendment and Zoning Text Amendment studies to incorporate policies aimed at supporting and promoting urban agriculture in the North Richmond area; and WHEREAS, a report and recommendation from the Department of Conservation and Development on the North Richmond Urban Agriculture General Plan Amendment and Zoning Text Amendment studies (County Files: GP#12-0002 and ZT#14-0001) were presented to the County Planning Commission on September 23, 2014; and WHEREAS, for the purposes of compliance with the California Environmental Quality Act (CEQA), the Department of Conservation and Development on March 31, 2014 issued a Notice of Public Review and Intent to Adopt a Negative Declaration of Environmental Significance and an Initial Study on the North Richmond Urban Agriculture Project and the proposed Negative Declaration was posted and noticed as required by law; and, WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, September 23, 2014, whereat all persons interested might appear and be heard; and WHEREAS, on Tuesday, September 23, 2014, the County Planning Commission having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter closed the public hearing; and NOW, THEREFORE BE IT RESOLVED, that the County Planning Commission (“this Commission”) takes the following actions: 1) In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (14 California Code of Regulations 15000 et seq.), and the County own CEQA Guidelines, this Commission FINDS the Initial Study/Negative Declaration prepared for this project is adequate for purposes of compliance the California Environmental Quality Act prior to forwarding this recommendation; and, RECOMMENDS the Board of Supervisors certify the Initial Study/Negative Declaration prepared for this project. RESOLUTION NO. 9-2014 2 2) RECOMMENDS to the Board of Supervisors the APPROVAL of General Plan Amendment (County File: GP#12-0002) to amend the subsection in Chapter 3. Land Use Element entitled “POLICIES FOR THE NORTH RICHMOND AREA”, Contra Costa County General Plan, 2005-2020 (starting at page 3-67, see online version), to add the policies, and, as more fully described in the September 23, 2014 report prepared by the Department of Conservation and Development:  Policy #3-191 – A policy statement that defines urban agriculture, provides specific support and promotion of urban agriculture in North Richmond, and recognizes specific activities and uses related to urban agriculture in North Richmond.  Policy #3-192 – A policy statement supporting the development and implementation of best management practices for urban agriculture in North Richmond. 3) RECOMMENDS to the Board of Supervisors the APPROVAL of Zoning Text Amendment (County File: ZT#14-0001) to amend the North Richmond P-1, Planned- Unit Zoning District Program, as follows, and, as more fully described in the September 23, 2014 report prepared by the Department of Conservation and Development:  Update Section B. Development Standards Table to add footnote to clarify that structures housing animals must comply with the setback requirements under existing County Ordinance Code Section 84-14.1402 (Animal Structures – General Provisions).  Update Section C. Land Use Matrix to add Community Garden, Demonstration/Education Garden, Edible Landscape, Home Garden, Processing Incidental to Agriculture, Urban Agriculture Demonstration Site, and Urban Farm (on parcel more than 1 acre in size) as permitted uses under the “Agricultural” category to the matrix, and add Petting Zoo under the “Animals” category to the matrix as use permitted subject to a Land Use Permit.  Update Section D. Conditions for Development and Use of Property in the North Richmond Area to add under subsection heading “Development Standards” development standards for a Community Garden, Demonstration/Educational Garden, Urban Agricultural Demonstration Site, or Urban Farm, and operating standards for a petting zoo based on safe petting zoo operating procedures recommended by the National Association of State Public Health Veterinarians. RESOLUTION NO. 9-2014 3 BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: P-1 REZONING FINDINGS FOR ZONING TEXT AMENDMENT (COUNTY FILE: ZT#14-0001) 1) The change proposed will substantially comply with the General Plan. The proposal to amend the text to the North Richmond P-1, Planned Unit District to expand the range of agriculture uses and activities will substantially comply with the Contra Costa County General Plan (2005-2020), as amended (County File: GP#12- 0001), by establishing constituency between the Planned Unit District and new General Plan policies concerning urban agriculture for the North Richmond Area. 2) The uses authorized or proposed in the land use district are compatible within the district and the uses authorized in adjacent district. The proposal to amend the text to the North Richmond P-1, Planned Unit District will allow more compatible uses within the Planned Unit District. In its current form, the North Richmond P-1, Planned Unit District does not provide the range of agricultural uses and activities recommended under the General Plan Amendment (County File: GP#12-0001). The text amendment would allow the desired uses under the General Plan Amendment (County File: GP#13-0001). 3) Community need has been demonstrated for the use proposal. The North Richmond community meets the U.S. Department of Agriculture’s definition of a “food desert”, because it is a low-income urban neighborhood without ready access to fresh, healthy, and affordable food, or is served only by fast food restaurants and convenience stores that offer few healthy, affordable food options. Significantly, access to healthy food alternatives is compounded by the distance of the nearest supermarkets stores or outlets, making the simple daily function of grocery shopping very difficult for residents without an automobile or who are unable to drive. The proposal to amend the text to the North Richmond P-1, Planned Unit District will expand the range of agriculture uses and activities providing an alternative for North Richmond residents to raise their own agricultural products which would improve their access to fresh, healthy, and affordable food. RESOLUTION NO. 9-2014 4 The instructions by the County Planning Commission to prepare this resolution were given by motion of the County Planning Commission on Tuesday, September 23, 2014, by the following vote: AYES: Commissioners - (Chair) NOES: Commissioners - ABSENT: Commissioners - ABSTAIN: Commissioners - BE IT FURTHER RESOLVED that the Secretary of the County 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. Marvin Terrell, Chair of the County Planning Commission, County of Contra Costa, State of California ATTEST: Aruna Bhat, Secretary County Planning Commission County of Contra Costa State of California G:\ADVANCE PLANNING\URBAN AGRICULTURE\NORTH RICHMOND P-1\JUNE VER. NORTH RICHMOND URBAN AG PROPOSAK\CPC RESOLUTION .9-2014DOC.DOC