Loading...
HomeMy WebLinkAboutRESOLUTIONS - 08071990 - 90/5296 4 THE HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 7, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN:None SUBJECT: Authorizing Referendum To Protect ) Existing Contra Costa County Rail ) Corridors Resolution 90/ 529 The Board of Supervisors of Contra Costa County RESOLVES THAT: Existing railroad right of way corridors within this County (including its unincorporated and incorporated areas) should be protected and preserved for continued rail transportation freight carrier and passenger (commuter, etc. ) uses. Also, appropriate protective action should be taken by cities within this County to maintain rail corridors located therein. In order to provide for such rail corridor protection, this Board hereby determines, orders and directs: 1 . That Ordinance No. 90- 65 _ adopted this date is to be presented for approval of, and confirmation by the voters of Contra Costa County on November 6, 1990 according to the attached ballot proposition and measure marked Exhibit A. 2. The County Clerk (Elections Clerk) is directed to take all steps necessary to place the above-noted ballot measure on the November 6, 1990 ballot for the County and this election be conducted with any other elections scheduled on November 6, 1990. If required, a synopsis of the Ordinance may be used. 1 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:"" PHIL M M LOR,clerk of the Board of Supervisors and• county Administrator O .By 2. 2! Deputy VJW:pr 8-6-90) p4[rcorr.vjw] Attachment: Exhibit A Orig. Dept: County Counsel cc: County Administrator Clerk, Elections Department Assessor Auditor Tax Collector Community Development Department 4 l EXHIBIT A Rail Corridor Protection. Shall Ordinance No. 90-6 of the Board of Supervisors of Contra Costa County be adopted to protect and preserve within the County's unincorporated area existing rail corridors for continued rail transportation freight and passenger uses and similar protective action directed by involved County cities? ORDINANCE NO. 90- y Authorizing Protection of Existing Contra Costa County Railroad Right of Way Corridors) The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE AND INTENT. To the extent allowed by law, it is the purpose and intent of this ordinance to provide for the protection and preservation of existing railroad right of way corridors within Contra Costa County (including its unincorporated and incorporated areas) for rail transportation freight carrier and passenger uses. Further, this ordinance expresses the intent of this County's voters that this protection should be maintained by their referendum re-adoption herein of the substance of Contra Costa County Ordinance No. 87-19 and extended by their direction to involved County cities to adopt similar corridor protection. ARTICLE II. RAIL CORRIDOR DESCRIPTIONS. The real property, shown on the maps marked "Exhibit A" attached to Ordinance No. 87-19 and made a part hereof by this reference, is hereby (and shall remain) rezoned by adding a "Railroad Corridor Combining District" overlay zone (designated "-X") to the existing zoning designation of all railroad right of way owned or occupied by Atchison, Topeka and Santa Fe Railway (ATSF), Southern Pacific Transportation Company SPT) , Santa Fe Southern Pacific Corporation (SFSP) , Union Pacific Railroad Company (UP) , or Bay Point and Clayton Railroad within the unincorporated area of Contra Costa County. The ATSF (or, If merged, SFSP) right of way is located between Richmond city limits and Pinole city limits, which is zoned H-I (Heavy Industry) and R- 6 (Single Family Residential); the Hercules city limits and the Martinez city limits, which is zoned H-I (Heavy Industry),. and A-2 (General Agriculture); in the small unincorporated pocket surrounded by the City of Martinez west of Alhambra Avenue, zoned A-2 (General Agriculture); between the Martinez city limits near Howe Road and the Pittsburg city limits, zoned A-2 ; (General Agriculture) , R-7 (Single Family Residential) , L-I (Light Industry) , and H-I Heavy Industry) ; between the Pittsburg and Antioch city limits, zoned H-I Heavy Industry); and between the Antioch city limits and the San Joaquin County 1- ORDINANCE NO. 90-65 line, zoned H-I (Heavy Industry) , R-6 (Single Family Residential), P-1 (Planned Development) , L-I (Light Industry), A-2 (General Agriculture) , A-3 (Heavy Agriculture) , and C (General Commercial). The SPT (or, upon approval of a merger, SFSP) right of way is located in the unincorporated North Richmond area, which is zoned H-I (Heavy Industry) and A-3 (Heavy Agriculture); in the unincorporated area between the City of Richmond and the City of Pinole, zoned H-I (Heavy Industry); between the City of Hercules and the City of Martinez, zoned H-I (Heavy Industry) , C (General Commercial); between the City of Martinez and the City of Pittsburg, zoned H-I (Heavy Industry) and A-2 (General Agriculture); in the unincorporated pocket near Loveridge Road, zoned H-I (Heavy Industry) ; between the City of Antioch and the City of Brentwood, zoned L-I (Light Industry); H-I (Heavy Industry), and A-2 General Agriculture); and between the City of Brentwood and the Alameda County line, zoned A-2 (General Agriculture) , A-3 (Heavy Agriculture) , L-I (Light Industry) , C (General Commercial), and H-I (Heavy Industry). The Union Pacific right of way is located between the City of Concord and the City of Pittsburg, zoned L-I (Light Industry) , R-6 (Single Family Residential) , A-2 (General Agriculture), and H-I (Heavy Industry); and between the City of Pittsburg and the City of Antioch, zoned ,H-I (Heavy Industry). The Bay Point and Clayton right of way is located between the City of Concord and the unincorporated area near Port Chicago, zoned L-I (Light Industry) , H-I (Heavy Industry), and A-2 (General Agriculture). All of the above properties are subject to the provisions of Title 8, Chapter 26-2, Divisions 82, 84 and 88 (Zoning Ordinance) , and Title 9, Divisions 92, 94, 96, 981 912, 913, 914, 916, 918, 920, and 924 (Subdivision Ordinance) of the Contra Costa County Ordinance Code applicable to the above named zoning districts, and are subject to the conditions and the requirements of this Ordinance. 2- ORDINANCE'NO. 90= 65 ARTICLE III. PERMIT AREA. All land uses that were previously allowed under the existing, underlying zoning designations along the railroad right of way are allowed under this "Railroad Corridor Combining District" Ordinance, provided that no new land uses and/or structures, including residences and pipelines for the transmission of oil , gas, water or other substances shall be established, and no such uses and/or structures presently existing shall be substantially expanded or altered, or demolished, without first having been granted a conditional use permit, through procedures established in the County Ordinance Code. These regulations shall apply to the areas contained within all railroad rights of way in the unincorporated area of Contra Costa County as described and shown in the aforenoted Exhibit "A". No tentative, parcel or final subdivision map shall be approved within said areas without concurrent approval of a conditional use permit or development plan through procedures established in the County Ordinance Code. No conditional use permit or development plan shall be approved pursuant to this section unless the planning agency finds that the proposed use and/or structure is consistent with the use provisions of the underlying zoning district and all of the Elements of the County's General Plan. ARTICLE IV. EXCEPTIONS. This ordinance does not apply to insubstantial alterations to existing structures, to insubstantial additions or changes to existing uses, or to maintenance or repair of existing railroad-related operations or equipment. ARTICLE V. ZONING MAP. If necessary and required, the pages of the County's 1978 Zoning Map (Ord. No. 78-93) referenced on the hereinabove noted Exhibit "A", are further amended by the rezoning language contained in Article II of this ordinance and the Community Development Director shall change the Zoning Map accordingly, pursuant to County Ordinance Code 84-2.003. ARTICLE VI. CONFLICT. This ordinance is intended to continue without substantive change the implementation of Ordinance No. 87-19 in the unincorporated area. But, in the case of any conflict between this ordinance and Ordinance No. 87-19, the provisions of this ordinance shall control . 3- ORDINANCE NO. 90- 65 ARTICLE VII. NO UNCONSTITUTIONAL TAKING OF PRIVATE PROPERTY. Nothing in this ordinance shall operate to deprive any landowner of substantially all of the market value of .his/her property or otherwise constitute an unconstitutional taking without compensation. If application of any of the provisions of this ordinance to any specific project or landowner would create an unconstitutional taking, then the Board of Supervisors may allow additional land uses or otherwise adjust permit requirements to the extent necessary to avoid such taking. Any such additional land uses or other adjustments shall be designed to carry out the goals and provisions of this ordinance to the maximum extent feasible. ARTICLE VIII. CITY INSTRUCTION. By the adoption of this ordinance, the voters of 'Contra Costa County hereby instruct and direct this County's cities with existing rail right of way corridors to adopt this ordinance's provisions to protect such corridors located therein and (as necessary) amend their general plans to further this ordinance's goals. ARTICLE IX. SEVERABILITY. If any portion of this ordinance is hereafter determined to be , invalid by. a court of competent jurisdiction, all remaining portions of this ordinance shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this ordinance would have been adopted and passed regardless of whether any one or more articles, sections, subsections, sentences, phrases, parts or portions was declared invalid or unconstitutional . Should this ordinance be determined to be entirely invalid, then the provisions of Ordinance No. 87-19 shall remain in full force and effect. But nothing herein upon the adoption of this ordinance, is intended to thereafter prevent the amendment or repealing of Ordinance No. 87-19 by the Board of Supervisors. ARTICLE X. EFFECTIVE DATE. This ordinance shall take effect immediately upon its confirmation, enactment and adoption by a majority of the voters voting at the County-wide election to be held November 6, 1990. 4- ORDINANCE NO. 90- 6s PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on August Z, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN:None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Yet 7T Deputy Board Chair SEAL VJN:pr 8-6-90) p4[ordreorrnJw] 5- ORDINANCE NO. 90-6.5