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HomeMy WebLinkAboutMINUTES - 10201998 - D9 Ontra Costa TO: BOARD OF SUPERVISORS ' County FROM: DENNIS M. BARRY, AICP �' rA`:cove COMMUNITY DEVELOPMENT DIRECTOR DATE: October 20, 1998 SUBJECT: Hearing on Rezoning Application (County File #RZ983058) to Rezone Approximately 2,160 acres (10 parcels) of Land from A-4 (Agricultural Preserve) to A-20 (Exclusive Agricultural District) and the APPEAL by Save Mt. Diablo & Greenbelt Alliance of the ' East County Regional Planning Commission's decision to approve Land Use permit (County File #LP982030) for a 238-acre Golf Course and Vesting Tentative Map (County File #MS980006) and the Mitigated Negative Declaration on the Project SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDA'T'IONS Consider adopting Option "A" as recommended by the East County Regional Planning Commission, or Option "B" as described below: Option A: A. Sustain the East County Regional Planning Commission decision to approve the project with modifications to conditions of approval as marked in Exhibit "A". B. Deny the appeal of Save Mt. Diablo and Greenbelt Alliance. C. Certify the Mitigated Negative Declaration is adequate and complete and is prepared consistent with State and County CEQA Guidelines. D. Adopt the Mitigation Monitoring Program and direct staff to file the Notice of Determination for the project. E. Approve the rezoning from A-4 to A-20 as recommended by the East County Regional Planning Commission. CONTINUED ON ATTACHMENT: X YES SIGNATURE� �� `�- RECOMMENDATION OF COUN'T'Y ADMINISTRATOR RECOMMENDATION OF BOARD COMMXTTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON October 20 1998 APPROVED AS RECOMMENDED OTHER XX SEE THE ATTACHED ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX 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:Aruna M. Bhat - 335-1219 Orig: Community Development Department ATTESTED October 20 1998 cc: Roddy Ranch, LLC PHIL BATCHELOR, CLERK OF Save Mt. Diablo THE BOARD OF SUPERVISORS Greenbelt Alliance AN COUNTY A M NISTRATOR x Public Works B , DEPUTY 2 . F. Approve the land use permit for a golf course and the vesting tentative map to create the golf course parcel. G. Accept the findings contained in Commission Resolution #12- 1998 as the basis for the Board's decision. H. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. Option B: Grant the appeal of Save Mt. Diablo and Greenbelt Alliance and direct staff to prepare an Environmental Impact Report (EIR) . A. Direct Community Development Department to prepare or contract with a consultant to prepare the draft EIR. B. Schedule the land use permit, minor subdivision and rezoning before the East County Regional Planning Commission upon certification of Final EIR. C. Schedule the rezoning before the Board after the East County Regional Planning Commission action. FISCAL IMPACT None. BACKGROUND/REASONS TO APPROVE OPTION A The East County Regional Planning Commission held a hearing on September 14, 1998 and approved the Vesting Tentative Map, the Land Use Permit, the Mitigated Negative Declaration, and Mitigation Monitoring Program, and recommended approval of the Rezoning. Save Mt. Diablo and Greenbelt Alliance filed an appeal on September 24, 1998, stating that the approvals failed to comply with CEQA and the provisions of State and Federal Endangered Species Act requirements and seeks the preparation of an EIR. The appeal also refers to other agencies which commented at different times on the Mitigated Negative Declaration. However, the initial letters (dated May 8 , 1998 and May 11, 1998) from the State Department of Fish & Game and the East Bay Regional Park District were received prior to the release of a complete project description, and prior to the release of the Mitigated Negative Declaration and supporting environmental documentation. The concerns identified in those pre-application letters were addressed during project design and environmental review. All issues identified in the appeal were previously raised by the appellants in comment letters (dated August 21 and 'September 14, 1998 from Save Mt. Diablo, and dated August 24 , 1998 from Greenbelt Alliance) and were addressed in the Initial Study, Mitigated Negative Declaration, and the staff report to the East County Regional Planning Commission. The East County Regional Planning Commission considered these comment letters and the response to comments in their approval of the Roddy Ranch Golf Course. The letter received from Save Mt. Diablo on 'September 14, 1998 opposing the project was also distributed at the East County Regional Planning Commission meeting. 1. Appropriateness of a Mitigated Negative Declaration The Mitigated Negative Declaration (MND) was prepared consistent with CEQA and the CEQA Guidelines. An initial study identified the project ' s potential environmental impacts. The County developed mitigation measures, that the applicant agreed to, that mitigate potential significant 3 . impacts to a level of insignificance. The County determined there is no substantial evidence that the project may have a significant effect on the environment and ', prepared the Mitigated Negative Declaration. The Fast County Regional Planning Commission approval complied with the CEQA Guidelines, Article 6, Section 15074 , Consideration of a Negative Declaration or Mitigated Negative Declaration, and was the result of independent judgment and analysis. The appellants compare the Roddy Ranch Golf Course project with Cowell Ranch and Special Planning Areas "G" & "Ht' , Antioch's Future Urban Area 1 (FUA1) , and County projects located in the South County area. All of these compared projects include growth-inducing municipal water and sewer infrastructure improvements, and increases in population, traffic, school needs and recreational needs. The Roddy Ranch Golf Course does not include any comparable components and is a much smaller project and environmentalissues cannot be compared. The project is not growth inducing because it does not include growth inducing aspects such as extension of municipal water and sewer service infrastructure. The proposed project is a "stand alone" 18-hole golf course. To analyze anything beyond the proposed project is speculative at this time, since neither the County nor the City of Antioch has any other applications filed on the Roddy Ranch property. 2 . The Golf Course in Relation to Plant and Animal rife In response to pre-application comments submitted by the California Department of Fish & Game, and the U. S. Fish & Wildlife Service, the applicant conducted extensive biological studies of the ranch. The golf course avoids impacts to sensitive plant communities such as alkali meadow, blue oak woodland, valley freshwater marsh and seasonal wetlands, Diablan sage scrub and chamise chaparral and impacts to sensitive animal species. Based on review of the following reports/surveys performed, the County concludes that the project does not significantly impact plant and animal life. A. An analysis of habitat suitability for six special-- status amphibian and reptile species was conducted by Sycamore Associates (Special-status Amphian and Reptile Habitat Assessment at the Proposed Reddy Ranch Golf Course, Contra Costa County, California June 19, 1998) , including reconnaissance-level aquatic sampling of ponds, all of which are outside of the proposed golf course. B. Surveys to determine the presence of habitat suitable for burrowing owl, Berkeley kangaroo rat and San Joaquin kit fox were conducted by H. T. Harvey ' & Associates biologists, Sue Townsend Ph.D. and Gretchen Flohr (H. T. Harvey & Associates June 22 , 1998; July 21, 1998) . No habitat suitable for Berkeley kangaroo rat was present. No suitable burrows for burrowing owls were detected. Since one potential kit fox den was found, a camera station was set up and operated for 10 consecutive days. No animals were detected during that time. However, since the area is located between two areas where kit foxes have been detected, there is the potential that the project site could provide a movement corridor. As 11 __._.. _ ......... ... ..._ __ .. .. __ ___ ........... . .............. ..... ........ ......... .... ................. . ......... ......... ......-.. ............................... 4 . a mitigation measure, pre-construction surveys and other mitigation measures identified in the negative declaration will be required. Pre-construction and other surveys and other pre-construction mitigation are consistent with DFG and USFW practices (e.g. , Standard Recommendations for the protection of San Joaquin Kit Fox Prior to or During Ground (USFWS April 1, 1997) . C. Additional surveys were conducted by Elizabeth Pierson, Ph.D. (Special-status bat species July 7, 1998) and H. T. Harvey & Associates biologists, Raymond White, Ph.D. (Curved-foot hygrotus diving beetle, molestan blister beetle and Helminthoglypta nickl_iniana bridgesi) , Colleen Lenihan (northern harrier, white-tailed kite, golden eagle, California horned lark and loggerhead shrike nests) , and Mark Jennings, Ph.D. (California horned lizard) . No special-status species were found within the project area during these surveys (H. T. Harvey & Associates June 22 , 1998) . D. Sycamore Associates conducted a formal Site Assessment for California red-legged frog (Site Assessment for California Red-legged Frog [Rana aurora draytonzi] at the Proposed Roddy Ranch Golf Course, Contra Costa County, California June 19, 1998) . No red-legged frogs occur on the golf course site. However, the ponds in the surrounding area provide potentially suitable habitat for red-legged frogs. As a mitigation measure, a qualified biologist is required to survey the project site for the presence of red- legged frogs prior to start of graving. Other mitigation measures required to reduce any potential impacts on red-legged frogs are identified in the mitigated negative declaration. 3 . The Golf Course in Relation to the Surrounding Land Use The rezoning from A-4 to A-20 is consistent with the General Plan. The existing zoning designation of A-4 (Agricultural Preserves) is no longer appropriate, as the Williamson Act Contract on the Roddy Ranch expired in 1992 . Roddy Ranch property owner filed a letter of non-renewal, and the contract expired in 1992 . Properties surrounding the Ranch, which are also not under contract have been similarly rezoned by the County upon contract expiration. The request to rezone to A-20 (Exclusive Agriculture) maintains the agricultural land use and 20-acre minimum lot area, and does not represent a loss in agricultural lands, not 'intensify the allowable land uses. The proposed golf course site is located within the Urban Limit Line. Property to the south of the proposed golf course site is located outside the Urban Limit Line. The 2 , 160 acre property proposed for rezoning includes properties that are located outside the Urban Limit Line. However, no change in land use is proposed on the properties outside the Urban Limit Line. It is proposed to continue ranching activities. The proposed golf course project will have no effect on the access path to the Black Diamond Mines Regional Preserve, located approximately 500 feet to the northwest of the westernmost side of the golf course. East Bay Regional Park District (EBRPD) actually owns the parcel of land that the access path travels through. The EBRPD parcel is not part of the project application. 5. 4 . Gradingand Golf Course Visibility Proposed graded areas of 26% slope are isolated areas that provide short transitions within flatter terrain and are not visually dominant. Only 5% (11. 5 acres) of the golf course parcel includes areas with slopes equal to or greater than 260. Of these 11. 5 acres, only 60% (6. 9 acres) are proposed to be graded. The proposed grading does not conflict with the General Plan policies as detailed in the staff report to the East County Regional Planning Commission. The golf course itself is sited on the south side of Horse Valley. A car traveling the posted speed on Deer Valley Road south will have a view of the course for only a matter of seconds. Views of the course from Empire Mine Road east will be more available, but are obscured by the landform near the corner of Empire Mine Road and Deer Valley Read. The golf course is approximately 230 acres. Of this area, 124 acres are dedicated to maintained greens, tees and fairways. Seventy-eight (78) acres are primary and secondary roughs. One Hundred five (105) acres will be left undisturbed or re-- vegetated with natural grasses requiring little or no maintenance. Water storage facilities are required by the Fire Protection District to provide for adequate fire flows. The project is proposing to use two small lakes, rather than water tanks to meet the Districts requirements. There are no above-ground tank structures proposed. Typical structures housing the starter shack, cart storage, and maintenance buildings were reviewed by the East County Regional Planning Commission. These structures will be one- story, pre-manufactured buildings that require Zoning Administrator approval prior to the issuance of building permits. 5 . Non-potable Water Service: Annexation to ECCZD Service Area and concurrent Sphere of Influence amendment will be reviewed by LAFCO in November, 1998. As with all special districts, annexations can be non- contiguous areas. The proposed annexation is for the golf course area only. The golf course project will require the construction of a non-potable water line on Fairview Avenue and Balfour Road from the East Contra Costa Irrigation Districts (ECOID) main canal to the project site (approximately 2 miles within existing roadways) . Non-potable water is for irrigation purposes only. The proposed 12-inch lateral and pump facility installed at the main canal is sized to convey non-potable water to the Roddy Ranch Golf Course for irrigation purposes. This line is not located anywhere near Cowell Ranch, nor does the pump have the capacity to serve intervening areas. Irrigating the golf course with non-potable water is consistent with the policies and goals of the Contra Costa County General Plan, that encourage the use of non-domestic supplies for irrigation purposes. CCWD does not require that the present service boundaries be amended/detached. According to the comments received by CCWD, dated August 19 , 1998, the entire Roddy Ranch is already within the service area boundaries of CCWD. Although the project is not planned to require the extension of municipal water supplies, CCWD has included the potential 6. water demands of the area in their Future Water Supply Study (FWSS) (1996) , based on the current land designations in the Contra Costa County General Plan. Non-potable water is proposed for irrigation. Bottled water sold in the starter house is proposed to serve drinking-water needs of daily golfers. A domestic well is proposed to be established on- site, to serve the needs of an ancillary golf course facilities, including cleaning and maintenance. 6. Drainaae The project is required to comply with the National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity. This general permit is administered and enforced by the Regional Water Quality Control Board. Under NPDES regulations, the developer must submit a Notice of Intent to obtain coverage under the statewide General Permit and prepare ' a Storm Water Pollution Prevention Plan (SWPPP) . Catch basins are being proposed to ensure that project run- off is directed to the small lakes, which are to be managed by the Golf Course Operation Guidelines. The on-site ponds are proposed to be tested prior to the release to downstream water courses. This overland flow, along grass lined swales allow for additional filtering for improved water quality before discharge waters reach the nearest aquatic habitat site. The golf course playing areas are proposed to be seeded with new varieties of grasses developed for their 'resistance to diseases and pests. Irrigation and fertilization will be managed with a state-of-the-art "fertigation system", which is able to control amount and timing of application according to weather and site needs. The Golf Course Operation Guidelines (GCOG) include site- specific performance standards, and address the 'management of irrigation, pest control, weed control, and turf fertilization. The Water Quality Management Plan (WQMP) will specify performance standards, a monitoringprogram and baseline studies for both on-site and off-site water quality, and a contingency plan for treatment when tolerance levels are exceeded. 7 . Traffic c Generation and Road Capacity The Traffic Impact Study was prepared by Abrams Associates (June, 1998) and reviewed by the County. The 18--hole golf course is projected to generate 643 vehicle trips per day, with 42 trips during the A.M. peak hour and 60 during the P.M. peak hour. A golf course of this type is below the trip generation threshold that would require a Measure "C" traffic impact study for the Contra Costa Transportation Authority (OCTA) . The Traffic Impact Study contains a detailed description of the sources of these traffic estimates and the cumulative traffic on Deer Valley Road and Balfour Road from Other approved projects has been evaluated. At the East County Regional Planning Commission meeting of September 14, 1998, the condition that prohibited tournaments was changed to require review by the Zoning Administrator for special events exceeding the parking capacity at the proposed facility. ......... ......... ........ .........__.. ......... ......... ......... ......... .... _ _...... ........ ......... . ..._................__._..........................._. 7 . 8. Public c Work Response to Issues Raised by Appellant The project is anticipated to create much less than the 100 peak hour trips which would trigger a Measure "C" analysis. The Roddy Ranch Golf Course is anticipated to generate 42 AM peak hour trips and 60 PM peak hour trips based on a golf course without a public driving range, without a large clubhouse and restaurant, and without other facilities considered with large full service golf courses. The Public Works Department has reviewed the applicants submittal and considers the 60 PM peak hour anticipated traffic generation reasonable for this type of golf course. If the driving range is opened to the general public, or if a clubhouse or a restaurant is constructed, the applicant would be required to apply to modify the land use permit and the traffic impacts would be again analyzed. The Franklin Canyon Golf Course, used as an example by the appellant, is a public course with a pro shop, a clubhouse for banquets and a snack bar where they have cold and hot food. The utilization of the Roddy Ranch Golf Course is proposed to be at a lower intensity. The Initial Study states that the ". . .County will require safety improvements at the intersection of Deer Valley Road and the new entrance drive, per the Traffic Study dated June, 1998 . The safety improvements will include signs, striping and minor roadway widening to allow safe entry to and exist from Deer Valley Road. Widening of Deer Valley Road to allow for left-turn channelization on into the project is not proposed due to the low number of peak hour trips projected." The June, 1998 Traffic Impact Study by Abrams Associated referenced in the Initial Study recommends upgrading ". . .the roadway conditions in the vicinity of the golf course entrance. This would include enlarged turning radius at the project entrance, and roadway repaving for about 350-feet on each side of the entrance road. " The conditions of approval require widening of Deer Valley Road . .within 350-feet of each side of the golf course entrance to provide at least a 16-foot half width, widening the road to at least a 28-foot width to County public road standards including necessary longitudinal and transverse drainage. Vertical and horizontal alignment shall be subject to Public Works review and review and approval of the Zoning Administrator. " Therefore, the project proposes widening of the roadway in the vicinity of the project entrance, review of the vertical and horizontal alignment to determine what modifications must be implemented, in order to 'serve a small amount of additional traffic. The project also includes a deferred improvement agreement for the widening of the remainder of Deer Valley Road from Balfour Road to the north line of this property to an 18-foot half width, widening the road to at least a 28-foot width. The applicant has proposed Deer Valley Road access north of Balfour Road. The traffic volumes south of Balfour Road decrease dramatically due to the heavier volume which utilizes Balfour Read, compared to the southerly portion of Deer Valley Road. 8. The applicant is required to provide slope easements along the portion of Empire Mines Road from Deer Valley Road to 400-meter to the west. As needed to provide adequate room to widen Empire Mines road to its ultimate width without. construction of retaining walls. Neither the projects traffic impacts, nor the large lots proposed by this subdivision would reasonably require improvement of Empire Mines Road at this time. This project has a relative minor traffic generation at one improved access. The proposed Cowell Ranch project consists of extremely large lots which would not normally be conditioned to construct frontage improvements. The project is not subject to Measure C requirements and should not be obligated to construct more than its reasonable share of frontage improvements. The prohibition of tournaments, meets and pageants again minimizes the traffic generation of the proposed project. The financial viability of this operation is a consideration that the applicant will need to consider before going ahead with his development. REA.8ONS TO APPROVE OPTION B If the Board determines that there is substantial evidence to support a fair argument that the proposed project will have significant impacts on the environment, then direct staff to prepare an EIR on the project and refer the rezoning request, minor subdivision and land use permit to the East County Regional Planning Commission for further hearing once the Final EIR has been certified. AMB/aa BD1/Roddy.AMB 10/15/98 ADDENDUM TO ITEM D.l October 20, 1998 Agenda This is the time noticed by the Clerk of the Board of Supervisors for the hearing on: The appeal by Save Mount Diablo and Greenbelt Alliance(Appellants) from the decision of the East County Regional Planning Commission on the application of Roddy Ranch LLC (Applicant and Owner),to rezone approximately 2,161 acres of land(10 parcels) from A-4 (Agriculture Preserve District)to A-20 (Exclusive Agricultural District) (County File#RZ 98-3058); and The appeal by Save Mount Diablo and Greenbelt Alliance(Appellants) from the decision of the East County Regional Planning Commission on the application of Ranch LLC (Applicant and Owner),requesting a vesting tentative parcel map to create;an approximately 200 acre parcel and a remainder parcel of approximately 1,748 acres (County File#MS 98-0006); and The appeal by Save Mount Diablo and Greenbelt Alliance(Appellants) from the decision of the East County Regional Planning Commission on the application of Roddy Ranch LLC (Applicant and Owner),requesting a land use permit to construct an 18 hole golf course with ancillary facilities including take-out food on an approximately 230 acres of land(County File#LP 98-2030). Dennis Barry,'Community Development Department Director,presented the staff report and recommendations. Mr. Barry suggested that the Board include two corrections to the Findings and Conditions of Approval dated September 14, 1998. Supervisor Rogers expressed concern that providing water to this project might open the door for future development. Mr. Barry stated that the water source planned for this project would not be potable water. The public hearing was opened and the following people presented testimony: Michael McGill, McGill, Martin& Self, Inc., 1500 Newell Avenue, #700, Walnut Creek; David Moser, Esq., Applicant's Counsel; 3 Embarcadero Center, San Francisco; Seth Adams,Appellant, Save Mount Diablo,P.O. Box 5375, Walnut Creek; Tom Mooers,Appellant, Greenbelt Alliance, 1372 N. Main Street,'Ste 203, Walnut Creek; Sheila Larsen,U. S. Fish and Wildlife Service, 3310 El Camino Avenue, San Francisco Sandee LaViolette, 2305 Norris Canyon Road, San Ramon; Warren E. Rupf,P.O. Box 583, Martinez; Dale Peterson, 3428 Bluejay Drive,Antioch; Janess Hanson,431 Levee Road, Bay Point; Carol Wilcox, California Fish and Game, P.O. Box 47, Yountville;' Mary Lentmer, 7247 Chadbourne Road,Brentwood; Judy Bendix, Sycamore Association; 3400 Mt. Diablo Blvd. #13, Lafayette; The Chair read the following speakers' remarks into the record: Jack Roddy,Applicant, and Frank Orem.. All those desiring to speak having been heard, Supervisor DeSaulnier moved to close the public hearing. Supervisor Rogers seconded the motion and the vote was as follows: AYES: SUPERVISORS UILKEMA,GERBER,DeSAULNIER,CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE 1 The Board continued to discuss the issues including possible segmentation, rezoning from A-4 to A-20, and the possibility of an EIR. Following further discussion, Supervisor Canciamilla suggested that the Board approve Option A of the recommendations,with two modifications(as suggested by Dennis Barry): Add the indemnification provision that the parties have already agreed too; and correct the Findings in the Conditions of Approval on Page 1, at A-3 (eliminate"project is served by the Delta Fire Protection District"), and add that the project is served by the East Diablo Fire Protection District. Mr. Barry inquired if the motion included changing"construction to consultation"in the Conditions of Approval. Supervisor Canciamilla acknowledged that it did. The motion failed for lack of a second. The Board continued to discuss the matter. Supervisor Canciamilla moved that the hearing be reopened, and continued to October 27, 1998, at 3:00 p.m. He further suggested that the Board direct the Community Development Department staff to prepare relevant alternatives as discussed today, for the Board's further consideration. Supervisor Gerber seconded the motion. The vote on the motion was as follows: AYES: SUPERVISORS UILKEMA,GERBER,DeSAULNIER,CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE IT IS BY THE BOARD ORDERED that the hearing is CONTINUED to October 27, 1998,at 3:00 p.m.; and Community Development Department staff is DIRECTED to prepare relevant alternatives as discussed today, for the Board's consideration. 2