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MINUTES - 10201998 - D10
Contra TO: BOARD OF SUPERVISORS ' + Costa ,�.:.. County FROM: DENNIS M. BARRY, AICP ' DIRECTOR OF COMMUNITY DEVELOPMENT • f DATE: October 13 , 1998 SUBJECT: COUNTY PLANNING COMMISSION RECOMMENDATION TO REZONE A PARCEL IN THE EL SOBRANTE AREA (County File #RZ983059 - #5729 Olinda Road) FROM GENERAL AGRICULTURAL, A-2 TO SINGLE FAMILY RESIDENTIAL, R-7 (Michael Woldemar & Assoc. - .Applicant; Ferrel & Opel England - Owners) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RE!QOMMFXDATIQNS Adopt a motion taking the following actions as recommended by the County Planning Commission: 1. Adopt the findings contained in County Planning Commission Resolution #9 -1998 as the basis for the Board action. 2 . Adopt a Class 5 Categorical Exemption determination for purposes of compliance with the CaliforniaEnvironmental Quality Act. 3 . Adopt the proposed rezoning from General Agricultural, A-2, to Single Family Residential, R-7 . 4 . Introduce the ordinance giving effect to the rezoning, waive reading and set date for adaption of same. FISCAL IMPACT None. BACKGRQUNDIR QN FOR RECQMMENDAT This matter concerns a 9,000 square foot parcel (a residential parcel size) in an area where similar parcel sizes predominate but the zoning is General Agricultural. The site is designated Single Family Residential -- High Density (5.0 to 7.2 units per net acre)by the General Plan. The site is presently vacant' and used for livestock grazing. CONTINUED ON ATTACHMENT: X_ YES SIGNATURE�� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE APPROVE OTHER -' SIGNATURE(S) : ACTION OF BOARD ON October 20 , 1998 APPROVED AS RECOMMENDED X OTHER On October 13, 1998, the Board of Supervisors CONTINUED the hearing on this matter to this date. The hearing was OPENED and no one appearing to speak, the hearing was CLOSED. IT IS BY THE BOARD ORDERED that Recommendations 1,2,3, and 4 as set forth above are APPROVED; d range 'No. c�$-,=42 is INTRODUCED; and October 27, 1998, is SET FOR ADOPTION of same. OTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPSE OF AN AYES:iT,,TjT,Ty & Y NOES: y ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drape [ (925) 335-1214) Orig: Community Development Department ATTESTED ar-taber 2oY1998 cc: Michael Woldemar & Associates PHIL BATCHELOR, CLERK OF Ferrel & Opel England THE BOARD OF SUPERVISORS El Svbrante Valley P & Z Com. AND C UNTY ADMINISTRATOR County Counsel ' B DEPUTY j : \groups\cdadpool\bob\rz983059 .bo Page Two On September 8, 1998, the County Planning Commission heard this application and voted to recommend approval to the Board. There were no objections to the application registered at the County Planning Commission hearing. The El Sobrante valley Planning & Zoning Committee recommend approval but have asked that improvement conditions be attached to the rezoning. Because this application is a proposed legislative action, neither staff nor the Commission felt it was appropriate, or even possible to attach improvement requirements to the proposed action. ORDINANCE NO 9842 } (Re-Zoning Land in the El Sobrante Area) The Contra Costa County Board of Supervisors ordains as follows: ,SE,,, M l: Page J-7 of the County's 1978 Zoning Map (Ord. No. 78-93) is amended by re-zoning the land in the above area shown shaded on the map{s}attached hereto and incorporated herein(see also Community Development Department Pile No. .) FROM: Land Use District A-2 { General Agdcultural } TO. Land Use District R-7 { Snle Buab Midential _) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84.2.003. 1 4.`. .�* R. Cr OUNDA SCHOOL .2y SFCMQN 11, .E=EE ME DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the_Con tra Cos to Tiros ,a newspaper published in this County. PASSED on October 27, 1998 by the following vote: Superyjw An Na Ahm Abs 1. J.Rogers {X} { } { } ( } 2. G.B Uilkema {X) ( } { } { ) 3. D.Gerber W { ) { } { } 4. M.DeSauinier {y) { ) ( } { } 5. J.Canciamilla W { } { } ( } ATTEST: Phil Batchelor,County Administrator andaerkof theBoardofSupervisorsP By &� & Chair of the Board L + "°° ,Dep. EAL) ORDINANCE NO. 98-42 RZ983059 Michael Woldemar&Assoc. ORDINANCE NO. 9842 (Re-Zoning Land in the o� El Sobrante Area) The Contra Costa County Board of Supervisors ordains as follows. 5F,, ON is Page 1-7 of the County's 1978 Zoning Map (Ord.. No. 78-93) is amended by re-zoning the land in the above area shown shaded on themap(s)attached hereto and incorporated herein (see also Community Development Department Pile No. EZ28M .) FROM: Land Use District A-2 GeneraL Agdcullturral l TO: Land Use District R-_7 ( Single Earnily Residential 1 Q and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. y � ♦` R. Cr Al , OUH A SCHOOL O .2J SECT=11,..FF�IMFt MEMVE DATE, This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Cort tra Cos to Times ,a newspaper published in this County. PASSED on October 27, 199$ by the following vote: S.u122MI'1st1 An Na Absen .Abd 1. J.Rogers (K) { ) ( } ( } 2. G.B Uilkema W { ) ( } ( } 3. D.Gerber (X) C ) C } { ) 4. M.DeSaulnier W ( ) { ) { } 5. J.Canciamilla CX) { } { ) { ) ATTEST- Phil Batchelor,County Administrator and Clerk of the Board of Supervisors P ChairtEAL) of the Board By .fj° tL, 94��Dep ORDINANCE NO. %42 RZ983059 Michael Woldemar&Assoc. MICHAEL WODEMAR& ASSOCIATES (APPLICANT) FERREL& OPEL ENGLAND (OWNERS) COUNTY PILE #RZ983059 A REQUEST TO REZONE FROM GENERAL AGRICULTURAL DISTRICT(A-2)TO SINGLE FAMILY RESIDENTIAL(R-7). THE PROPERTY IS APPROXIMATELY 9,000 SQUARE FEET AND IS LOCATED AT #3729 OLINDA ROAD, # IN THE EL SOBRANTE AREA. Board of Supervisors Contra Costa County October 13, 1998 - 2:00 p.m. s.. ••h'_'•.a � COCttt'a TO: BOARD OF SUPERVISORS COS#De; FROM: DENNIS M. BARRY, AICP County DIRECTOR OF COMMUNITY DEVELOPMENT srA bv�� DATE: October 13, 1998 SUBJECT: COUNTY PLANNING COMMISSION RECOMMENDATION TO REZONE A PARCEL IN THE EL SOBRANTE AREA (County File #RZ983459 - ,#5729 Olinda Road) FROM GENERAL AGRICULTURAL, A-2 TO SINGLE FAMILY RESIDENTIAL, R-7 (Michael Waldemar & Assoc. - Applicant; Ferrel & Opel England - Owners) SPECIFIC REQUEST($) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt a motion taking the following actions as recommended by the County Planning Commission: 1. Adopt the findings contained in County Planning Commission Resolution 12 -1998 as the basis for the Board action. 2. Adopt a Class 5 Categorical Exemption determination for purposes of compliance with the California Environmental Quality Act. 3. Adopt the proposed rezoning from General Agricultural, A-2, to Single Family Residential, R-7. 4. Introduce the ordinance giving effect to the rezoning, waive reading and set date for adoption of same. EISCAL IMPACT None. BACKGROU D ff REASQNS FOR RECOMMENDATIONS This matter concerns a 9,000 square foot parcel (a residential parcel size) in an area where similar parcel sizes predominate but the zoning is General Agricultural. The site is designated Single Family Residential - High Density (5.0 to 7.2 units per net acre)by the General Plan. The site is presently vacant and used for livestock grazing. CONTINUED ON ATTACHMENT: _X _ YES SIGNATURE-b6,� RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMI EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.' Contact: Bob Drake [(925) 335-1214] Orig: Community Development Department ATTESTED cc: Michael Woldemar & Associates PHIL BATCHELOR, CLERK OF Ferrel & Opel England THE BOARD OF SUPERVISORS El Sobrante Valley P & Z Com. AND COUNTY ADMINISTRATOR County Counsel BY , DEPUTY j:\groups\cdadpool\bah\rz983059.bo Page Two On September 8, 1998, the County Planning commission heard this application and voted to recommend approval to the Board. There were no objections to the application registered at the County Planning Commission hearing. The B1 Sobrante Valley Planning & Zoning Committee recommend approval but have asked that improvement conditions be attached to the rezoning. Because this application is a proposed legislative action, neither staff nor the Commission felt it was appropriate, or even possible to attach improvement requirements to the proposed action. RESOLUTION NO. 9-1998 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA REGARDING A RECOMMENDATION TO THE BOARD OF SUPERVISORS ON A PROPOSED AMENDMENT TO THE PRECISE ZONING ON A PARCEL IN THE EL SOBRANTE AREA. On April 20, 1998, a rezoning application was filed (Michael Woldemar& Associates- Applicant; Ferrell& Opal England - Owners) with the Community Development Department, County File#LP983059 for an approximate 9,000 square foot parcel in the E1 Sobrante area from General Agricultural, A-2, to Single Family Residential, R-7. Amer initial review, this application was scheduled and legally noticed for hearing before the County Planning Commission on September 25, 1998; however, it was subsequently rescheduled to allow for correct idenfication of the property, additional staff review, and revised legal notice. Staff determined that the site is designated Single Family Residential -'High Density in the Land Use Element of the General Plan. Staff determined that the site is categorically exempt from the review requirements of the California Environmental Quality Act (Class 5-Minor alteration in land use limitations). After noticing of the applicaiton as required by law, the County Planning Commission conducted a hearing on the application on September 8, 1998 at which time all interested were offered the opportunity to testify. Having considered all testimony and evidence presented in this matter, RESOLVED, the County Planning Commission RECOMMENDS TO THE BOARD OF SUPERVISORS the following actions. A. Find the proposed rezoning to be consistent with the general plan designation on the property. B. . Adopt the proposed Class 5 Categorical Exemption recommended by staff for purposes of compliance with the California Environmental Quality Act. C. Adopt the proposed rezoning of land from General Agricultural, A-2 to Single Family Residential, R-7. Resolution No. 9-1998 RZ993059 County Planning Commission The decision of the County Planning Commission was given by motion of the County Planning Commission on September 8, 1998 by the following vote: AYES: Commissioners- Clark, Gaddis, Kimber, Pavlinec, Terrell, Wong, Hanecak NOES: Commissioners-None ABSENT: Commissioners-None ABSTAIN: Commissioners-None COUNTY PLANNING COMMISSION, Chairman of the County Planning Commission, County of Contra Costa, State of California. I, Dennis M. Barry, Secretary of the County Planning Commission, certify that the foregoing was duly called and approved on September 8, 1998. ATTEST: --bL) Dennis M. Barry, AICP, Secretary of le County Planning Commission, County of Contra Costa, State of California. C Awpdoctrz98 305 9.res RD\ Page 2 _........ ......... ......... .........._... _ .. ......................... .......... ..._..... ......... ......... ........._...._. _ _.. ......... ......... ......... .............._.. .. ................................................... Findings trap R• R+10 O Cr A-2 OLINOA SCHOOL 0 Rezone From ►'2 To-R-7-7 `_#T._._I tAM[lAICy Area if _ �A0E(`Ae Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy ofA(-� - 1---7[�1= MAa CataiTSI 'c iR7R 20A1 Nt PANP indicating thereon the decision of the Contra Costa County Planning Commission in the matter of Mff t-ttt _ Wa=mAIZ �5- "12 ATTEST: Secretary of the Contra Costa C unty Planning Commission, State of alif. Michael Woidemar& Associates Ferrell & Opal England El Sobrante Valley Planning& 12226 San Pablo Avenue 5733 Olinda Road Zoning Advisory Commission Richmond, CA 94805 El Sobrante, CA 94803 2730 May Road El Sobrante, CA 94803 El Sobrante MAC Consolidated Fire District West County Wastewater.District 3550 E. San Pablo Dam Rd. #533 2010 Geary Road 2910 Hilltop Drive El Sobrante, CA 94803 Pleasant dill, CA 94523 Richmond, CA 94806 EBMUD-Environmental&Planning P.O. Box 24055, Mail Slat 701 Oakland, CA 94623-1055 Dolores Grace Richard&Susan McCloskey David&Mary Morales 5771 Olinda Rd 5751 Olinda Rd 5739 Olinda Rd El Sobrante,CA 94803 El Sobrante, CA 94803 El Sobrante, CA 94803 Rita Arlene Howell Ferrel&Opal England Eugene Perrin 5737 Olinda Rd 5733 Olinda Rd 5725 Olinda Rd El Sobrante,CA 94803 El Sobrante, CA 94803 El Sobrante, CA 94803 Ferrel&Opal England Luella Provinske Eugene Perrin 5733 Olinda Rd 5709 Olinda Rd 5715 Olinda Rd El Sobrante,CA 94803 El Sobrante,CA 94803 El Sobrante,CA 94803 John&Evelyn Nolan Donald&Barbara Moitoza Tom&Wanda Bennett 5695 Olinda Rd 5693 Olinda Rd 5781 Olinda Rd El Sobrante, CA 94803 El Sobrante, CA 94803 El Sobrante, CA 94803 Steve&Betty Pleich Di Starr Kathryn Wright 25 Archery Ct 21 Archery Ct 5641 Olinda Rd El Sobrante, CA 94803 El Sobrante,CA 94803 El Sobrante,CA 94803 Kathryn Wright 5641 Olinda Rd El Sobrante,CA 94803 Mitchell&Maria Thomas Norman&Florence Munroe Ricky Alves 5702 Robinhood Dr 5706 Robinhood Dr 5710 Robinhood Dr El Sobrante,CA 94803 Richmond,CA 94803 El Sobrante,CA 94803 Robert Hunt Margaret McMillen Harold&Wilma Frey 8910 Cromwell Dr 5710 Olinda Rd 5720 Olinda Rd Springfield,VA 22151 El Sobrante, CA 94803 El Sobrante,CA 94803 Thomas&Barbara Krenzer Christopher Kiefer Ngu Van Huynh 5730 Olinda Rd 5740 Olinda Rd 5750 Olinda Rd El Sobrante,CA 94803 El Sobrante,CA 94803 El Sobrante,CA 94803 Richard Kahn&Karen Rogers Alfonso&Eleanor Gonzalez William Harris 5760 Olinda Rd 5770 Olinda lid 5780 Olinda Rd El Sobrante,CA 94803 El Sobrante,CA 94803 El Sobrante,CA 94803 Candido Anieete Jr.&Canido Anicete Sr. Valarie Morris Duane Berger&Monika Steger 5790 Olinda Rd 5779 Nottingham Dr 5769 Nottingham Dr El Sobrante,CA 94803 El Sobrante,CA 94803 El Sobrante,CA 94803 Ruby Wise Ana Gloria Covarrubias Marealo Ribeiro Serrado 5759 Nottingham Dr 212 Oriente St 5739 Nottingham Dr El Sobrante,CA 94803 Daly City, CA 94014 El Sobrante,CA 94803 Richard&Kathie Doyle Chi Ohung&Minh Lachau Patricia Howell 5729 Nottingham Dr 5719 Nottingham Dr 1154 Josephine St El Sobrante,CA 94803 El Sobrante, CA 94803 Berkeley,CA 94707 Kenneth&Margaret Carlock William&Myrna Maltez Charles&Joan Erickson 5711 Robinhood Dr 5707 Robinliood Dr 5733 Robinhood Dr El Sobrante,CA 94803 El Sobrante, CA 94803 El Sobrante, CA 94803 Doris Jeanne Kennedy William&Emma Ehlers All Wilmington 5716 Nottingham Dr 5726 Nottingham Dr 5736 Nottingham Dr El Sobrante, CA 94803 El Sobrantc,CA 94803 El Sobrante, CA 94803 Edward Berenson Al Lee Travalini Juanita Bartels 5746 Nottingham Dr 39 Archery Ct 890 Tara Hills Dr El Sobrante,CA 94803 El Sobrante, CA 94803 Pinole, CA 94564 Agenda Item# Community Development Contra Costa County COUNTY PLANNING COMMISSION Tuesday, September 8, 1998 - 7:00 p.m I. RMTR ODUCTION MICHAEL WOLDEMAR&ASSOCIATES, INCORPORATED(Apple FERREL—&O EL ENGLAND (Owners). County File#RZ983059 - A request to rezone a lot consisting of approximately 9,000 square feet from General Agricultural (A-2)to Single Family Residential (R-7). The subject site is located at#5729 Olinda Road in the El Sobrante area. (APN 433-150-009)(A-2)(CT3601)(ZA: J- 7) II. SUMMARY OF REVIEW This application was originally scheduled for the Commission's hearing on August 25, 1998 but was continued to this date to allow for a correction in identification of the site and the hearing notice. The site is one of several properties on the north side of Olinda Road which are more residential than agricultural in size and use. The proposed rezoning would allow the zoning to come into conformance with the general plan for this site, and is otherwise a reasonable action. III. RECOMMENDATION Adopt a motion recommending that the Board of Supervisors: A. Adopt a Categorical Exempt(Class 5 - minor alteration in land use limitation) for the purposes of compliance with the California Environmental Quality Act. B. Adopt the proposed rezoning change from A-2 to R-7. ............. .... ................. ......................__.... ......... ......... .._..._._.. .._.__. _....... .......................................... _. _.. _.... _...................... File#RZ983059 Woldemar&Associates(A);Englands(d) El Sobrante area IV. G ERAL INFORMATION A. Environs-The site lies on the north side of Olinda Road which contains a number of older parcels which were largely created prior to the adoption of zoning and subdivision ordinances. The parcels range in size from 9,000 to 45,000 square feet in area; however most of the parcels are in the smaller end of the range. The property across Olinda Road consists of a more recent subdivsion project. The sites to the east and west contain single story residences. The site to the immediate north is an old quonset but which appears to be used as a warehouse. It appears that the County may have improved and widened Olinda Road at some time in the past,which has resulted in many of the existing residences (including the subject site) in closer proximity to the road than one would ordinarily expect for this type of zoning. B. Site Description -The site is presently vacant with several goats using the site for pasture. C. Gen" Plan Designation -The site and the surrounding area, on both sides of Olinda Road, is designated Single Family Residential - High Density(5.0 - 7.2 units per net acre). Existing development is largely within that density range. D. Zoning-The north side of Olinda(including the subject property) is zoned General Agricultural, A-2. The south side is zoned Single Family Residential, R-7. S-2 Rezoning Fite#RZ983OS9 5733 Olinda Road,El Sobrante Tuesday,September 8, 1998 County Planning Commission Hearing V. PROPOSED ZONING CHANGE The owner wishes to construct a single family residence. However, the existing A-2 zoning provides for relatively respective structure setback standards. The applicant would like to be subject to the reduced structure setback standards of the R-7 zoning district, and not have to obtain variances for the proposed dwelling, nor be subject to the design review requirements of the small lot review. No specific development project has been proposed with this rezoning application, nor is such a development proposal required in order to process a development proposal. The applicant feels that the proposed rezoning would be consistent with the general plan and with the surrounding development pattern. VI. EL SOBRANTE PLANNING&ZONING COMMITTEE COMMENT Attached is a letter dated August 14, 1998 from the Committee recommending approval of the rezoning but suggesting that conditions be attached to the rezoning action. VII. DISCUSSION A. Conformance with General Plan Desi ng ation -The proposed rezoning(and existing parcel size)conform with the Single Family Residential - High Density designation that applies to this area. Other zoning districts',which are consistent with the General Plan designation are: R-6 - min. 6,000 square foot parcels; R-10 - min. 10,000 square foot parcels; and 'The Committee incorrectly identified the street number for the corrected site(the number has been transposed from 5729 Olinda Road to 7529 Olinda Road. However, staff understands that notwithstanding this misidentification, that the Committee correctly understands which property is affected insofar as they correctly identified the assessor's parcel number. S-3 ................... ................................................ . File#RZ983459 Woldemar&Associates(A);Englands(0) El Sobrante area D-1 (Duplex) - min. 10,000 square foot parcels. B. Compatibility with Nearby. Land Use Acti tv-The proposed rezoning will not lead to establishment of new uses which would be incompatible with the area. The site is basically surrounded by single family residential uses. C. Compadson betw&enExisting and Propos fZoning Districts-Attached is a copy of the R-7 and A-2 districts. Because both districts cross-reference standards in other zoning districts, copies of the R-6 and A-1 districts are also attached. Listed below is a summary of the major differences between R-7 and A-2 zoning districts. Standard A-2 District R-7 District Keeping of Livestock Allowed Prohibited Frontyard Setback Min. 25 feet Min. 20 feet Sideyard Setbacks Min. 20 feet Min. 5 feet; aggregate min. of 15 feet Rearyard Setback Min. 15 feet Min. 15 feet Accessory Structures Min. 20 feet If 50 feet from front property Sideyard Setbacks line, min. 3 feet. Accessory Structures Min. 20 feet Min. 3 feet. Rearyard Setback Required off-street parking none. I space outside of setback area if lot created prior to 1971; otherwise two spaces required. Types of Agricultural All types crop and tree farming only allowed Height Limit max, 35 feet, 2 1/z stories max. 35 feet, 2112 stories [Stru—cture S-4 Rezoning,File#RZ983059 5733 Olinda Road,El Sobrante Tuesday,September 8, 1998 County Planning Commission Hearing D. RespQnse to 1hemments of tht.El-SobrantePlanning Zoning.-Committee, The proposed rezoning action is a legislative action, not an adjudicatory action like a land use permit or variance. Therefore, State law does not allow the County to attach conditions to the approval of a rezoning as has been requested by the Committee. Therefore, + The County could not lawfully require that the applicant install any curb, gutter or sidewalk for a residence. Such an improvement could likely occur only with the establishment of an assessment district to which the property owners in the area agreed. + The applicant would have the right to apply for variances to the R-7 district standards. The County could not prohibit the applicant from exercising that right. It would be to the discretion of the County as to whether or not to grant any variance(required code lfindings would have to be met). + The County could only require parking which is required under the zoning. Because this parcel was created prior to 1971, the zoning ordinance would only require that a new residence provide one off- street parking space on site. That space would have to be placed outside of the front and side yard setback areas. VIII. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposed rezoning action is a discretionary action and is therefore subject to the review requirements of the California Environmental Quality Act. However, staff has determined that the proposed rezoning would not result in any changes of land use or density, and therefore would qualify as Categorically Exempt from CEQA under Class 5 of the Categorical Exemptions(Minor Alterations in Land Use Limitations). S-5 File#172983059 Woldernar&Associates(A);Englands(0) El S©brante area IX. CONCIAJSION The proposed rezoning would allow for conformance with the General Plan designation, and is otherwise reasonable. In fact, it may be desirable at some later date for the County to initiate a rezoning proposal that would establish general plan conformance for other properties in the area. In the event that the County fails to rezone the site, then the County will continue to face a zoning inconsistency with the general plan which is contrary to State law. c Awpdoc\RZ983059.rpt RD\ S-6 Ag : � . ,,�rfir mow►"��Ir,�►�"' � �� � 3' Mit Na ^�rx«R+~.�.X'4•'+�^'7"r.•^+w+°[ � �.J '� ���� ����y low + Rik ::;�► rte_ � ,� ,, �,� Fit 4 �air MA 77 Val 424 .14 -t*r �� F"r1��� ��� e�,.AArtr&�'.�►Afe+.y ..a •S 3 ++" yam. TNti. � +4. ANCHO EL BOBR,,NTE 50P.M.611-15-76 z$��`cog~ -•''� •�o� �L syr ,:-ir • t"=1Ufl` At d-toemm 14 '�,�,,./ FdK• �!�/mow+«° •`r FV 1 , 7 84 $ 40 '- •�''•c,'.. t 1��' 'SCS" . "tr�• • c ,J r x T" w _... ......... __......_...._. ._. _..... _... .... _. _.... .... ....... ..__..... . .. ..... ....... . ..... _ _ ... .. .... .. 08/13/1,398 07:50 FROM W o L D E M R R & 0 s 5 u U I n L, fu i y C�1 J J J i,�4 L .+.rs�ax�rst+ilwOidawnw�lwl�lr M ichad Woldemar&Associates Incorporated Architecture&Planning 12226 San Pablo Avenue Richmond,California 94805 Fax5102321248 Phone5102321232 13 August 1998 Contra Costa County Via fax and US Mall C.omrnunity Development Department 651 Pine Street, North Wing,4th Floor Martinez,Ca 94553-0095 Attn: Robert H.Drake, Senior Planner Re: Ferrel and Opal England,Owners Property Adjacent to 5733 Olinda Road El Sobrante Area,Contra Costa County,California Rezoning Application •County File#RZ983059 Correction to Assessor's Parcel Number and Address Dear Mr Drake: I am in receipt of your staff report on the rezoning application for the above referenced file that is currently scheduled for the Planning Commission meeting on 25 August 1598.Thank you for the positive recommendation.Unfortunately,in reviewing the documents in the staff report, l noticed an important error that regtaires adjustment and correction. The actual Assessor's Parcel Number for the subject property is 433-15049,not 433-150-007.The address for the property is not 5733 Olinda Road, but is the vacant parcel immediately west and`adjacent to 5733 O inda Road.The Owners of both properties live at 5733 Olinda Road(APN 433-150-007)and desire to rezone the adjacent parcel (433.150-009). In reviewing my application documents, l note that in some places the referenced parcel is Incorrecgy noted as '007". In other places,the maps show the correct parcel°009.1 have attached adjusted maps to clearly indicate the subject parcel.I regret my mis-communication regarding this application and hope that there is a simple way to correct the problem.I assume that you will let me know what the solution is.Thank you for your kind assistance. Sincerely, Michael Woldemar&Associates,Incorporated Michael Woldemar Architect Attachments cc: Ferrel and Opal England Doyle and Wilda Johnson hMmw•0273.04•SAWP7\Ferral EnglarKNna«rrect AP Number and Addres--wpd _.. ... _...__... _....... ......_.. ...._.... ......_.. ......... ......... ......... ......... ......... ......... ......... ................. 08/13/1990 87.51 FROM WOLVEMAR & ASSOC INC TO 19L�SSSlttt Y.aS lip� /+ 1+ G• �- .0 Ott . '4 �� � • . It �• j 4) • t i j �► _............................................................................................................................................... RE- OF AGENCY PLANNING APPLICATION The technical data supplied herein Is based on prelimina%lnriii. tiis is P�' jtp ft[tsion and is to be used for planning purposes ONLY. DATE 4127198 EBMUD MAP(s) 1488 8 534 EBMUD FILE S-6004 AGENCY. Contra Costa County Community Dev. AGENCY FILE 13TENTATIVE MAP Attn.-Bob Drake 8-3059 0 DEVELOPMENT PLAN 651 Pine Street, 41 FL, North Wing D REZONING/GPA Martinez,CA 94553-0095 13 OTHER APPLICANT:Ferret&Opal England ENGINEER. John Woldemar&Associates 5733 Olinda Road 12226 San Pablo Avenue El Sobrante,CA 94803-3541 Richmond,CA 94805-2453 LOCATION: 5733 Olinda Road,EI Scbrante TOTAL ACREAGE 0.2:t NO.OF UNITS TYPE OF DEVELOPMENT 1 Single Family ❑ Multi-Family ❑ Commercial ❑ Industrial ❑Other Residential Residential C PROPERTY ELEVATION RANGE OF STREETS ELEVATION RANGE OF PROPERTY TO BE DEVELOPED E h 1 In EBMUD ❑ Requires 164':t 164' t f�t Annexation (___X ALL, PART) ❑ ( ALL, PART) ❑ Water service would require of development would be served from of development may be served by construction of major facilities EXISTING MAIN($) MAIN EXTENSION(S) LOCATION OF ❑ RESERVOIR LOCATION OF MAINS) Olinda Road EXIST. MAINS) ❑ PUMPING PLANT ❑ TRANSMISSION MAIN Other PRESSURE ZONE SERVICE ELEVATION RANGE PRESSURE ZONE SERVICE ELEVATION RANGE Road 24 JAI Al 100,to 200' roperty alrepdy has water service. it a plana water service is required applicant s ou contact a IStriCt s New Business Office. Service to 5739 Olinda Road ma require relocation depending upon easements and development plans. Contact the District's New Business Office for additional information. FOR INFORMATION REGARDING: -THIS REVIEW -CHARGES&OTHER REQUIREMENTS FOR SERVICE Contact EBMUD Water Service Planning Section at(510) 287-1199 Contact EBMUD New Business Office (510) 287-1008 Water Service Planning I^!^! Cityt2aw+VG aur+s FRINew Business Office i^iApplicant Patricia E. Dustman, Senior Civil Engineer WWMcG� i^.I {{�Engineer Water Service Planning Section W:\W SMTMAPIW W MCG\S-6 W t.doc b4/1j/1��5 I`J:bb 5114/b8/by/ LUYNL) HAUL 01 TO: Community Development.Dept. From: Eleanor Loynd,ESVP&ZAC Fax: C -2-5-> 3 5 Fax: (510) 758-7697 EL SOBRANTE VALLEY PLANNING & ZONING ADVISORY COMMITTEE P.O. Box 20136 El Sobrante,CA 94820 May 15, 1998 CCC Community Development Dept. 651 Pine St., 4h Floor,North Wing Martinez, CA 94553-0095 Re: County File#RZ 98 3059 Dear County Planner, The members of the El Sobrante Valley Planning&Zoning Advisory Committee recommend approval of the rezoning as described in County File RZ 98 3059. in addition, we suggest the following: 1. Curbs, gutters, and sidewalks should be required. 2. No variances should be granted. 3. Preserve the on-street parking. If you have any questions,please contact George Schmidt at 222-1320 or Eleanor Loynd at 223-6398. We appreciate the opportunity to review the request. Sincerely, leanor Loynd,Vice air Copies to: E1 Sobrante MAC Ferrel &Opal England Michael Woldemar&Asso., Inc. To: Community Development Department From: Eleanor Loynd, ESVP&ZC Fax: (925)335-1222 Fax: (510)758-7697 EL SOBRANTE VALLEY PLANNING AND ZONING ADVISORY COMMITTEE P.O.Box 20136 El Sobrante,CA 94820 14 August 1998 CCC Community Development Department 651 fine Street,4th Floor,North Wing Martinez,CA 94553-0095 Attn: Robert H.Drake,Senior Planner Re: County bile#RZ983059 Dear Mr.Drake, On 14 August 1998,Mr.Michael Woldemar,Architect for the applicant,appeared before our group to explain the need to adjust the above referenced re-zoning application from Assessor's Parcel Number 433-150-007 to 433-150-009 and to adjust the address from 7533 Olinda Road to 7529 Olinda Road.He indicated that an error had been made in the application and that you had requested assurance that we previously reviewed the correct parcel. He also indicated that the matter was to be continued until a Planning Commission meeting in mid-September, 1998. Previously,on 14 May 1998,we reviewed the proposed re-zoning of the vacant parcel immediately west(left)of 7533 Olinda Road.On 15 May 1998,a letter was sent to the Community Development Department indicating our recommendation of approval. In addition,we suggested the following: 1. Curbs,gutters,and sidewalks should be required. 2. No variances should be granted. 3. Preserve the on-street parking. This continues to be our recommendation. If you have any questions,please contact George Schmidt at 222-1320 or Eleanor Loynd at 223-6398. We continue to appreciate the opportunity to review this request. Sincerely, Eleanor Loynd, Vice Chair CC: El Sobrante MAC Ferral&Opal England Michael Woldemar and Associates, Incorporated ................................................................................ ................................................................ A-1 LIGHT AG) Chapter 84-36 breeding, raising of grain-fed rodents, aviaries, apiaries, and similar agricultural uses; A-1 LIGHT AGRICULTURAL (2) -A stand not exceeding two hundred DISTRICT square feet for sale of agricultural products grown on the premises. The.standshall be set Article 84-36.2 General back at least twenty-five feet from the front Sections: property line-, 84-36.202 General provisions. (3) A detached single family dwelling on each Article 84-36.4 Uses lot and the accessory structures and uses Sections: - normally auxiliary to it; 84-36.402 Uses-Permitted. (4) Publicly owned parks and playgrounds-, 84-36.404 Uses-Requiring land use (S) The keeping of livestock. No livestock permit, shall be kept on any taxable unit of land less Article 84-36.6 Lots than one acre, and no more than two head of Sections: livestock may be maintained per acre on any 84-36.602 Lot-Area. taxable. unit of land in the A-I district. Barns, 84-36-604 Lot-Width. stables, and other build'ugs or structures used to 84-36.606 Lot-Depth. house livestock shall not be located or main- Article 84-36.8 Building Height tained in the A-1 district. -nearer than one Sections: hundred feet to the boundary line of any street 84-36.80'_' Building height-Maximum. or public road, nor nearer than fifty feet to any Article 84-36.10 Yards side, front, or rear property line of the lot or Sections: parcel of land. Fenced pasture, paddocks, or 84-36.1002 Yard-Side. other enclosed livestock areas shall not be lo- 84-36.1004 Yard-Setback. cated nearer than ten feet to any front, side, 84-36.1006 Yard-Rear. or rear property line of the lot or parcel of land: Article 84-36.12 Land Use and Variance (6) Foster home or family care home oper- Sections: Permits ated by a public agency, or by a private agency which has obtained state or local approval 94-36.1202 Land use and variance permit (license) for the proposed operation, where not -Granting. more than six minors reside on the premises Article 84-36.2 with not more than two supervisory persons. General (7) A family day care home where care, protection and supervision of twelve or fewer 84-36.202 General provisions. All of the children in the provider's own home are provid- land lying within an AA light agricultural dis- ed f©r periods of less than twenty-four hours trict may be used for any of the following uses. per day, while the parents or guardians are away. (Ards. 86-43 § It. 68-25 § 2 1968, under the following regulations set forth in , 1569: prior code § 8155(a): Ord. 1406). this chapter. (Ord. 1569: prior code § 8155 (part): Ord. 1406). 84-36.404 Uses - Requiting land use permit. (a) In an A-I district the following Article 84-36.4 uses are allowable on the issuance of a land use Uses permit. (b) Allowable uses are:- 84-36.402 Uses - Permitted. Uses per- (1) Home occupations: mitted in the A-1 district shall be as follows: (2) Publicly owned parks and playgrounds, (1) Small farming, including horticulture. (3) Dude ranches, riding academies and floriculture. nurseries and greenhouses, mush- stables, and dog kennels: room rooms. fur farms. poultry raising. animal (4) Publicly owned buildings and struc- tures, except as provided in Division 82: (5) Commercial radio and television receiving j-84-36.606 84-36! 2-84-38.402 Z( NG ULTUR.AL D. RICT 84-36,J and transmitting facilities but not including or established on a lot less than one hundred broadcasting studios or business offices: twenty feet deep, (Ord. 1569: prior code (6) Wind energy conversion systems. excerpt ! 1 8155(e): Ord. 1406). when used only as an accessory to an allowable residential or agricultural use; Article 84-36.8 {7} A family care home where care, protec- tion and supervision of thirteen ormore children in the provider's awn home are provided for 84-36.802 Building height -- Maximum, No structure or building herein permitted shall periods of less than twenty-four hours per day, while the parents or guardians are away. � exceed two and one-half stories or thirty-five {c} Other allowable uses are: feet in height, whichever is greater. {Ord. 1569: .(.),} Hospitals, animal.. hospitals. eleemosy- prior code 8 15 S(f): '7rd. 1406). nary and philarithrop c institutions, and con- ' Article 84-36.10 con- valescent homes; Yards (2) Churches, religious institutions, and parochial and private schools, including nursery schools; 84-36.1042 Yard �-- Side, There shall be an {3} Community buildings, clubs, and activi- aggregate side yard width of at least thirty-five ties of aquasi-public, social, fraternal, ar recrea- feet. No side yards shall be Less than fifteen feet wide. These minima may be reduced to three Lional character* such as: golf, tennis and swimming clubs, and veterans' and fraternal feet for an accessory building or structure if it organizations not organized for monetary pro- is set back at least sixty-five feet from the front fit: these uses are allowed only where not property line. No barns, stables. apiaries.. organized for monetary profit-, aviaries. or other buildings or structures used to {4) More than one detached dwelling unit on house livestock. grain-fed rodents. bees, birds,or a tot or parcel of Land- poultry shall be ..:located in this district nearer (5) Medical and dental offices and medical than fifty feet to the boundary tine of any residential land use district, (Ord. 1569: prior clinics. (Ords. 86-43 § 12, 8424 § 2. 74-37 § 1, code § 8155(g): Ord. 1406). 1569 § 2: prior code § 8155(b): Ords. 1406 § 2, 7035 § 4 (38" § 4{P)]}. 84-36.1004 Yard -- Setback. There shall be Article-84-36.6 setback (front yard) of at least twenty-live feet Lots for any structure in the A-1 district except on corner lots. where the principal frontage of the 84-36.602 Lot -- Area. No agricultural pur- lot shall have a setback of at least twenty-five suit shall be permitted nor shall any structure feet and the ocher setback shall be at least or use herein permitted be erected, placed, or twenty feet. (Ord. 1509: prior code § 13155(h): established on a lot smaller than twenty thou- Ord. 1406). sand square feet in area. (Ord. 1569: prior code § 8155(c): Ord. 1406). 84-36.1006 'Pard — Rear. Rear yard provi- sions for the A-1 district shall be the same 84-36.604 Lot — Width. No agricultural as those for the R-6 district(Section 84-4.1006) pursuit shall be permitted nor shall any struc- (Ord. 1569: prior code § 8155(i): Ord. 1406) ture or use herein permitted be erected. placed, or established on a lot less than one hundred Article $436.1? twenty feet in average width. (Ord. 1569: prior Land Use and Variance Permits cads § 8155(d): Ord. 1406). 84-36.1202 Land use and variance permit- $436.606 Lot — Depth. No agricultural Granting. Landuse permits for the special use pursuit shall be permitted nor shall any strut- enumerated in Section 84-36.404 and variant ture or use herein permitted be erected, placed, permits to mollify the provisions contained i Sections 84-36.602 through 84-36.1006 may t granted in accordance with Chapter 82-6. (Or. 1569: prior code § 8155(j): Ord. 1406). 33 ((:on(rs Costa County 12.89) .................................................................................................. ........ ........ Chapter 84-38 A-2 GENERAL AGRICULTURAL DISTRICT Article 84-38.2 General Sections: 8438.202 General provisions. Article 8438.4 Uses Sections: 84-38.402 Uses—Permitted. 84-38.404 Uses—Requiring land use permit. 8438.406 Uses—Refuse disposal site— Permit required. Article 8438.6 Lots Sections: 84-38.608 Lot area.width and depth. 84-38.610 Existing legal lots excepted. Article 8438.8 Building Height Sections: 84-38.802 Building height—Maximum. Article 84-38.10 Yards Sections: 84-38.1002 Yard—Side. 8438.1004 Yard-Setback. 84-38.1006 Yard—Rear. Article 84-38.12 Land Use and Variance Permits Sections: 84-38.1202 Land use and variance permit —Granting. Article 8438.2 General 84-38.202 General provisions. All of the land lying within an A-2 general agricultural district may be used for any of the following uses. under the following regulations set forth in this chapter. (Ord. 1569: Ord. 1555: prior code 8156 (part): Ord. 1406). Article 8438.4 Uses 84-38.402 Uses — Permitted. Uses permitted in the A-2 district shall be as follows: 340 ................................... t GENERAL AGRICULTURAL rtr ` `T 8438.404-84-38.1002 (1) All types of agriculture,including general (9) Commercial recreational facilities when farming, horticulture, floriculture, nurseries and the principal use is not in a building, greenhouses, mushroom rooms, dairying, (10) Boat storage areas within one mile by livestock production, fur farms, poultry raising, public road of a boat launching facility open to animal breeding, aviaries, apiaries, forestry, and the public, similar agricultural uses; I (11) Retail firewood sales; (2) Other agricultural rinses, including the (12) Recycling operations intended to sort erection and maintenance of sheds, warehouses, and/or process material for reuse except for granaries, dehydration plants, hullers, fruit and those activities described in Section 88-4.206; vegetable packing plants, and buildings for the (13) Museums in which objects of historical. storage of agricultural products and equipment, artistic, scientific or cultural importance are (3) A stand not exceeding two hundred preserved and displayed. (Ords. 89-46 § 2, square feet for sate of agricultural products 36-36 § 3, 7437 § '2, 60-82, 1988, 1569 § 2: grown on the premises. The Mand shall be set prior code § 8156(b): Ords. 1406 § 3, 497 § 4, back at least twenty-five feet from the front 382 § 4E). property line; (4) A detached single family dwelling on each 84-38.406 Cases '— Refuse disposal site — parcel and the accessory structures and uses Permit required. Refuse disposal sites are normally auxiliary to it; permitted in the A-2 district upon the issuance (5) Foster home or family care home of a permit under the provisions of Chapter operated by a public agency, or by a private 418.4.(Ord.72-89 §'2, 1972). agency which has obtained state or local approval (license) for the proposed operation, Article 84-38.6 where not more than six, minors reside on the tots premises with not more than two supervisory persons. 8438.608 Lot area, width and depth. (6) A family day care home where care, Except as provided in Section 34-38.610, uses protection and supervision of twelve or fewer allowable under Article 84-38.4 are allowed only children in the provider's own home are provid- on lots which equal or exceed all of the ed for periods of less-than twenty-four hours following: five acres in area, two hundred fifty per day, while the parents or guardians are feet average width,and two hundred foot depth. away. (Ords. 86-43 § 13,68-25 § 2, 1968, 1569, (Ord.73-86 § I (part), 1973). 1555, 1535: prior code § 8156(a): Ord. 1406). - 84.38.610 Existing legal lots excepted. Any 84-38.404 Uses--Requiring land use permit. single lot legally created in an A-2 district before The following uses are allowable on the: issuance November 29, 1973, at least forty thousand of a land use permit: square feet in area may be used as provided in (1) Allowable uses designated in Sectior. Article 84-38.4. (Ord'.. 73-86 § 1 (part), 1373). 84-36.404: (2) Merchandising of agricultural supplies Article 84-38.8 and services incidental to an agricultural use: Budding Height (3) Canneries, wineries and processing of agricultural products; 8438.802 Building height ..— Maximum. (4) Cold storage plants: Building height provisions for the A-2 district (5) Slaughterhouses and stockyards: shall be the same as those for the A-1 district (6) Rendering plants and fertilizer paints or (Section 84-36.802). (Ord. 1569: Ord. 1555: yards: prior code § 8156(f): Ord. 1406). (7) Livestock auction or sales yards: (8) Living accommodations for agricultural Article 84-38:10 workers to be primarily used for temporary Yards housing of agricultural workers while performing seasonal agricultural work on the owner's 84-38.1002 Yard — Side. There shall be an / property: aggregate side yard width of at Ieast forty feet. 341 ((_utttra Costa County 1249) r 84-38.1004-54-40.404 (WING No side yards shall be less than twenty feet in width. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grain-fed rodents, bees, birds, or Poultry shall be located in the A-2 district nearer than fifty feet to the boundary line of any residential land use district. (Ord. 1569: Ord. 1555: prior code§ 8156(g): Ord. 1406). 84-38.1004 Yard -- Setback. Setback(front yard) provisions for the A-2 district shall be the ; same as those for the A-1 district (84-36.1004). (Ord. 1569: Ord. 1555: prior code § 8156(h): Ord. 1406). 84-38.1006 Yazd -- Rear. There shall be a rear yard of at least fifteen feet for any structure. (Ord. 1569: Ord. 1555: prior code § 8156(1): Ord. 1406). Article 84-38.12 Land Use and Variance Permits 84-38.1202 Land use and variance permit-- .Granting. Land use permits for the special uses enumerated in Section 8438.404 and variance permits to modify the provisions contained in Sections 84-38.602 through $438.1006 may be granted in accordance with Chapter 82-6. (Ord. 1569: Ord. 1555: prior code § 8156(j): Ord. 1406). r '° { SINGLE-FAMILY RESIDEN"T"IAL L:_TRICT 84-2.004-84-4.404 84-2.0 .. tcts established.The e of all Article 84.4.2 Ian he unincorporate ' ry of this General county, within t ' " acts shown on the maps describe this chapter, is subject to the 84-4.202 General provisions.All land within pro ` ns of this Division 8 lassifed an R-6 single-family residential distinct may be r the re$ul' ` u--rx€"I1s use as set forth this ti`sed for 'any of the followin8;uses; under the k e`fai cl udlstrietT t in this following:reJ6iatiorf„set foR `in'this chapter. division are establis this territory,and (Card. 1569: prior code § 8142 (part): Ords. the land, ri;:&s +'designated on the traps 1269, 1179). } adop y Section 84-2.002 are established and tried 'in . . 93: prior Article.84-4.4 c : Ord. 382). rases 844.4Wt tis --1terimilited. The following - ):}= ltaptrft' 84-4 ' uses are allowed in the R-6 district' (1) A detached single-family dwelling on each R-6-SINGLE-FAMILY lot and the accessory stntcfures and - uses RESIDENTIA*'L DISTRICT normally auxiliary to it; �� "-`� . •'•Y' .'A�.itC t' ( ' • �.•••• (2) Crop and tree farming, except raising or Article 84:4.2 General... keeping any animals tether than ordinary house- Sections: - hold pets; 84-4.202 - General provisions. (3) Publicly owned parks and playgrounds: Article 84-4.4 Uses (4).A residential care facility for the'elderly, Sections: operated by a person with all required state and 84-4.402 Uses—Permitted. local agency approvals or licenses, where not '84-4.404 Uses--Requiring land use more than six persons reside or receive care. permit. not including the licensee or members of the Article 84-4.6 Lots licensee's family or persons employed as facility Sections: staff: 84-4.602 Lot—Area. (5) A family day care home where care. 84-4.604 Lot--Width. protection and. supervision of twelve or Fewer 84-4.606 . ,,t..qt rCtepth. children in the provider's own home are Article 84-4.8 Bitz`ldin Height provided for periods of less than twenty-four Sections: hours per day, while the parents or guardians 844.802 Building height—Maximum. are away; Article 84-+4.1-0 Yards - (6) Aviaries, which shall not be over twelve Sections:. feet high nor exceeding one square foot (not 844.1002 Yard—Side. over 1.600) in area for each fifty square feet 84-4.1004. Yard--Setback. of net land area per lot. and unless otherwise 84-4.1006 Yard—Rear. provided herein. shall be set back at least Article 84-4.1-2,-Off-Street Parking twenty-five feet from the front property line Sections: and any street line and at least ten feet from any 84-4.1202' *Off street parking side or rear property line. and shall be main- Requirements. tained in a sanitary manner as determined by the Article 84-4.14 Land Use and Variance Permits county health department. (Ords. 86-43 § 21 Sections: 78-83 § 1. 77.51 § _' 68-25 § 2: prior cede 84-4.140' Land use and variance permit— § 8142(a): Cards. 1269 § 1, 1 179 § 3. 1039, Granting. 1028. 382 § 4A). 94-4.404 Uses — Requiring land use permit. The following uses are allowable on the issuance of a land use permit: 310e (Contra Costa County :88) ...............................................................................................................................I..................... ........ 84-4.602--84-4.802 ZONING (1) A home occupation; (12) Commercial radio and television (2) Hospitals, eleemosynary and receiving and transmitting facilities other than philanthropic institutions, and convalescent broadcasting studios and business offices; homes; (13).The installation of exterior lighting at (3) Churches and religious institutions and a height of seven feet or more above the finished parochial and private schools including nursery grade of the parcel except exterior light placed schools-, upon the single-family residence. (Ords. 87-67 (4) Community buildings, clubs, and § 4, 86-43, 83-70, 76-75 § 1,76-36-§ 2.73-51 § activities of a quasi-public, social, fraternal or 3, 67.38, 1762, 1569 § 1, 1549: prior code § recreational character, such as golf, tennis, and 8142(b):Ords. 1405, 1179 § 3,382 § 4A). swimming clubs, and veterans' and fraternal organizations; Article 84-4.6 (5) Greenhouses, over three hundred square Lots feet; (6) More than one detached dwelling unit on 84-4.602 Lot — Area. No sirrgle-family a lot or parcel, if the density is not greater than dwelling 6r other structure permitted in the R-6 the following: district shall be erected or placed on a lot (A) R-6 district — six thousand square feet smaller than six thousand square feet in area. per dwelling unit, (Ord. 1569: prior code § 8142(c): Ords. 1269, (B) R-7 district — seven thousand square feet 1179). per dwelling unit, (C) R-10 district — ten thousand square feet 84-4.604 Lot — Width. No single-family per dwelling unit, dwelling or other structure permitted in the R-6 (D) R-15 district — fifteen thousand square district shall be erected or placed on a lot less feet per dwelling un'it, than sixty feet in average width. (Ord. 1569: (E) R-20 district — twenty thousand square prior code § 8142(d): Ords. 1269, 1179). feet per dwelling unit, (F) R-40 district — forty thousand square. 84-4.606 Lot — Depth. No single-family feet per dwelling unit, dwelling or other structure permitted in the R-6 (G) R-65 district — sixty-five thousand district shall be erected or placed on a lot less square feet per dwelling unit, than ninety feet in depth. (Ord. 1569: prior (H) R-100 district — one hundred thousand code § 8142(e): Ords. 1269, 1179). square feet per dwelling unit, (1) D-1 district — no density restriction, Article 844.8 (J) F-I district — no density restriction-, Building Height (7) Commercial nurseries-, an application shall include a site plan indicating planting and land- 844.802 Building height — Maxii-num. No scaping areas, existing and proposed structures, single-family dwelling or other structure and plans and elevations to indicate architectural permitted in the R-6 district shall exceed two type: (8) Medical and dental offices and medical clinics; (9) Publicly owned buildings and structures except as provided in Division 82, (10) Residential second units complying with the provisions of Chapter 82-24. (11) A family care home where care, protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenry-four hours per day. while the parents or guardians are away'. (Contra Costa County 7.881 3101 SINGLE-FAMILY RESIDENTIAL D� RIC€' 84-4.1002--844.1202 and one-half stories or thirty-rive feet in height. (Ord. 1569: prior code § 8142(f): Ords. 1269, 1179). Article 84-4.10 Yards 84-4.1002 Yard -- .Side. There shall be an aggregate side yard width of at least.fifteen feet. No side yard shall be less than five feet.uride. These minima may be reduced to three feet for an accessory building or structure if it is set back at least fifty feet from the front property line. (Ord: 1569: prior code § 8142(g): Ords. 1269, 1179). 84�-4.1004 Yard -- Setback. There shall be a setback {front yard) of at least twenty feet for any structure in the R-6 district. On corner lots the principal frontage*shall have a setback of at least twenty feet and the other setback shall be at least fifteen feet. (Ord. 1569: prior code § 81.42(h): Ords. 1269, 1179). 84-4.1006 Yard Rear. There shall be a rear yard for any principal structure of at least fifteen feet. There shall be a rear yard for accessory structures of at least three feet. (Ord. 1.569: prior code § 8142(€): Ords. 1269, 1179). Article 84-4.13 Off-street Parking 84-4.1202 Off-street parking requirements. .(a) In R-6 districts every dwelling unit shall have at least two Off-street automobile storage spaces on the same lot: except that there shall be at least one such space where the lot was legally created before September 9, 1971, or was part of a tentative or parcel map filed before September 9, 1971, and upon which a final subdivision or parcel map was subsequently approved and recorded. (b) Such spaces shall have a covered or open surfaced area of at least nine by nineteen feet, 310-1 (Contra Costa County I t•86) (: ~!R-7 SINGLE-FAMILY RESIDENTiA" DISTRICT 84-a.1402�-84-6.802 and shall be entirely outside the setback or side Article 84-6.2 yard areas of the principal structure. (Orris. 77-107, 71-59 §§ 4 and 5: prior code § 8142(j): Ords. 1179 § 3, 1039, 1028,928). 84-6.202 General provisior ,.eA11�1 wittain an R-7 single-familyjesr a1 district may be Article 84-4.14 used for an the following.uses under the Land Use and Variance Permits following o s chapter. 84-4.1402 Land use and variance permit - 169: Ord : prior 8143 (part): Ord. Granting. Land use permits for the special uses enumerated in Section 84-4.404, and variance Article 84-6.4 permits to modify the provisions in Sections t1 84.4:442(5) and 84-4.602 through 84-4.1202, may be granted in accordance with Chapters 84-6.40 �- Pernrnitted. Uses permitted 26-2 and 82-6. (Ord. 77-51 § 3: prior code § in -7 uses 8142(k): Ords. 1179 § 3, 1039, 1028, 382 § desi or the R-6 dist�n*,�tt...•irt ction 4(A))• 84-4.402. (Ord. 68-25 , M8: Ord. 1569.- prior 569:prior code § 81 rd. 1269: Ord. 1179). r,.. er 84 ses �- Requiring 1 permit. In the R-7 district tl ,.�€oifowing uses are R-7 S - AMILY permitted on th 'ice of a land use permit: R NTiAL DISTRICT A11 the esignated f e R-6 district in Sect' Ord. 1569: p r code § . e 84-6.2 Gene_r ....- 8143(b): Ord. 1269. Ord. 117 cti $4-6.202 General cions. pole 84.6.6 Article 84-6.4 U Lots Sections: .402 84 .602 Lot - Area. No siatnily Uses-Requiring use dwelling or other structure e i iRthe R-7 permit, district shall be er e�aced on a lot Article 84-6.6 smaller than thousand square feet in area. Sectio (Ord. 156 3 c): 'Or 1269: -mot-Area. Ord. 1179). 6.604 Lot-Width , 84-6.606 Lot- th. 84-6,604 "= Width. No single-fancily Article 84-6.8 ding Height dwelling er struc the R-7 Secti district sh a erected or placed on alb less 4-6.8 g et t- um. than seventy feet in average width. (O . 569: .10 Yards prior code § 8143(d): Ord. 126 . 1179). Sections: .- 84-6.1002 -Side. 84-6.60 pth 84- 4 Yard-Setback. pro ' ' r e - tstrict a the same 4-6.1 6. - 'a as those for the R-6Section 84-4.606). Arttc a 84-6.12 Off-Street Parking (Ord. 1569: code § 8143(e): Ord. 1269: Sections: Ord. 1179 . 84-6.1202 reet parking-Space requirements. tcle 84.6.8 Artic 84-6.14 Land Use and Variance Permits eight- Sec t 84-6.1402 Land use and variance 84-6.802 Buildin&,..helil t, — Maximum. r permit—Granti Building heifi'visi�.s�ft�r_x tstrict shall be the hose for t,�,aJ tstrict 311 (Contra Costa County 3-15-18) :... ::.. i R-7 SINGLE FAMILY RESIDENTIA' , IISTRIC'T 84-4.1402--84-6.802 an •--� outside the setback or side Article 84-6.2 yard of the principal structure. (Ords. General 7 , 71-59 §§ 4 and 5:prior code § 8142(j): rds. 117 „ .1•$3 ;"1t122 ;'S�"ZB :` 84-6.202 General provisions. All land within an R-7 single-family residential district may be Arti .14 used for any of the following.uses, under the Lan and Variance Permits following regulations set forth in this chapter. (Ord. 1569: prior code § 8143 (part): Ord. .140 rmit -- 1269: Ord. 1179). g. Land use permits for the spe 'al uses enumerated in Section 84-4.404 riance Article 84-6.4 permits to modify t eons in Sections Uses 84-4.402(5) .602 through 84-4.1202, may nted in accordance th Chapters 84-6.402 Uses Permitted. Uses permitted 26-2 - § 3: or code § in the R-7 district shall be: All the uses 8142(k): Ords. 1179 § 3, 1039, 1028, 382 § designated for the R-6 district in Section 4(A)), 84-4.402. (Ord. 68-25 §. 2, 1968: Ord. 1569: prior code § 8143(a): Ord. 1269: Ord. 1179). Chapter 84.6 84-6.404 Uses '-- Requiring land use permit. In the R-7 .district the following uses are R-7 SINGLE-FAMILY permitted on the issuance of a land use permit: RESIDENTIAL DISTRICT All the uses designated for the R-6 district in Section 84-4.404. (Ord. 1569: prior code § Article 84-6.2 General 8143(b): Ord. 1269: Ord. 1179). Sections: 84-6.202 General provisions. Article 84-6.6 Article 84-6.4 Uses Lots Sections: 84-6.402 Uses—Permitted. 84-6.602 Lot -•- Area. No single-family 84-6.404 Uses--Requiring land use dwelling or other structure permitted in the R-7 permit. district shall be erected or placed on a lot Article 84.6.6 Lots smaller than seven thousand square feet in area. Sections: (Ord. 1569: prior code § 8143(c): Card. 1269: 84-6.602 Lot--Area. Ord. 1179). 84-6.604 Lot—Width. 84-6.606 Lot--Depth. 84-6.604 Lot -- Width. No single-family Article 84-6.8 Building Height dwelling or other structure permitted in the R-7 Sections: district shall be erected or placed on a lot less 8".802 Building height••-Maximum. than seventy feet in average width. (Ord. 1569: Article 84-6.10 Yards prior code § 8143(d): Ord. 1269: Ord. 1179). Sections: 84-6.1002 Yard—Side. 846.606 Lot Depth. Lot depth 84-6.1004 Yard—Setback. provisions for the R-7 district shall be the same 846.1006 Yard—Rear. as those for the R-6r district (Section 84-4.606). Article 84-6.12 Off-Street Parking (Ord. 1569: prior code § 8143(e): Ord. 1269: Sections: Ord. 1179). 84-6.1202 Off-street parking—Space requirements. Article 84-6.8 Article 84-6.14 Land Use and Variance Permits Building Height Sections: 84-6.140' Land use and variance 84.6.802 Building height — Maximum. permit—Granting. Building height provisions for the R-7 district shall be the same as those for the R-6 district 311 (Contra Costa County 3-LS-78) 84-6.1002-848.402 ZONIA (Section 84-4.802)» (Gird. 1569: prior code Chapter . 8143(f): Ord. 1269: Ord. 1179). 11,x„p� FAMILY Article 84-6.10 ENTIAL DISTRICT Yards Arti .2 General 84-6.1002 Yard -- Side. Side yard Sections: provisions for the R-7 district .shall be the same .84-8 Generall . as those for the R-6 district(Section 844.1002). Artie. 4- (Ord. 1569: prior code § 8143(g): Ord. 1269: Sec ons: Ord, 1179). 84-8.402 --Permitted, 84- 'Uses Requiring land use 84-6.1004 Yard — Setback. Setback (front it:------ yard) provisions for the R-7 district shall be the Article .6 Lots same as those for the*R-6 district (Section Sections: 844.1004). (Ord. 1569: prior code § 8143(h): 84-8.602 ea. Ord; 1269: Ord. 1179)" 84- - Lot- 8 t--D pth. 84.6.1006. Yard -- Rear. Rear yard Article 84-8.8 Building Heigh provisions for the R-7 district shall be the same Sections: as those for the R-6 district(Section 84-4.1006). 84-8.802 wilding hei imam. (Ord. 1569: prior code § 8143(i): Ord. 1269: Article 8 . 0 Y Ord. 1179). Seco .,.- 84-8.1002 Yard-- ids Article 84-6.12 84-8.1004 rd--Setback. Off-Street Parking 84-8. Yard--Rear. Articl -8.12 Off-Sir rk' 84.6.1202 Off-street parking -- Space requirements. Off-street parking provisions for 84-8.1202 Off-street i g—Space the Ft-7 district shall be the same as those for the rNaWments. R-6 district (Section 844.1202).(Ord. 71-59 §§ Article 84-8 j nd Use�anduanc�Pe its 4, 5, 1971: Ord. 1569: prior code § 81430): Sec s:r Ord. 1269: Ord. 1,179). 02 Land use a -vardt r ng. Article 84-6.14 �. ---- '""�� Land Use and Variance Permits is a 84-8.2 General 84-6.1402 Land use and variance permit — Ciranting: Land use permitss for the special uses 84-8.20�V� rally. All Ian n R-10 enumerated. in Section 84-6.404, and variance single f istrict may be use r permits to modify the provisions in Sections any of a ollowing uses, under the ung 84-4,402(5) and 84-6.602 --� 84-6,1202, may be regulations set forth in this a z.. ord: 1569: granted in accordance with Chapters 26-2 and prior code § 8I ) Ord. 1269: Ord. 82-6. (Ord. 77-51 § 4: prior code § 8143(k): 1179). Ords. 1179 § [382 § 4R)). Article 84-8,4 Uses .. . 84-8.402�trlc mitted. Uses permitted in the hall be: All the uses design ed e^ - is rtc Section 84-4.402. (Ord. 68-25'§ 2, 1968: 1569: prier code §8144(a): Ord. rd. 1179). (Contra Costa County 3-1 5-78) 3 1 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 335-1216 Contact Person: ROBERT DRAKE Project Description, Common Name (if any) and Location: MICHAEL WOL12EMAR & AMCIATES. INCOBPORATED (Applicant), FI B. EL &�OPELENCILANC3 (Owners), County File #RZ983O59: A request to rezone a lot consisting of approximately 9,000 square feet from General Agricultural (A-2) to Single Family Residential (R-7). The subject site is located at #5729 Olinda Road in the EI Sobrante area. (A-2) (ZA: J-7) (CT 3601) (Parcel #433-150-009) This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) — Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) — General Rule of Applicability (Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) XX_ Categorical Exemption, Class 5_ Section 15305 for the following reason(s): Minor alteration in land use limitation Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title County Clerk Fee $25 Due Receipt # ORDINANCE NO. 98-42 ` (Re-Zoning Land in the El Sobrante Area) The Contra Costa County Board of Supervisors ordains as follows: SECMQbl 1Page 1-7 of the County's 1978 Zoning Map (Ord. No. 78-93) is amended by re-,zoning the land in the above area shown shaded on the map(s)attached hereto and incorporated herein (see also Community Development Department Pile No. FROM: Land Use District - ( Qwml AzdculWal TO: Land Use District R-7 ( S"W Farr Reside.nWill and the Community Development Director shall change the Zoning Map accordingly, Pursuant to Ordinance Code Sec.84.2.003. l ` r 4,, v R it) er OltNOA SCHOOL O .2 SECTION Il. EUICI VAIE, This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the_Con tra Costa Ti yes ,a newspaper published in this County. PASSED on October 27 1998 by the following vote: %WAadiiS2l: An NQ Ab= Abstain 1. J.Rogers (X) { ) ( } { ) 2. G.B UHkema {X) ( ) { } { ) 3. D.Gerber (X) ( ) ( ) ( } 4. M.DeSaulnier (X) ( ) ( 7 ( ) S. J.Canciarnilla (X) ( ) ( ) ( ) ATTEST: Phil Batchelor,County Administrator c and Clerkof the Board of Supervisors P t Cha' of the`Board BY��%-' � 1 lIQ> ! �- .Dep. U (SEAL) ORDINANCE NO. 98-42 RZ983059 Michael Woldemar&Assoc.