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Home My WebLink AboutMINUTES - 12052000 - D6 TO: BOARD OF SUPERVISORS , ✓, ` . Contra FROM: DENNIS M. BARRY, AIGP Costa COMMUNITY DEVELOPMENT DIRECTOR County Yawn_ G' DATE: DECEMBER 5, 2000 SUBJECT: THIS IS A HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNING COMMISSION'S RECOMMENDATION TO REZONE A 19,602 SQUARE FOOT PARCEL LOCATED IN THE UNINCORPORATED AREA OF PACHECO, FROM SINGLE FAMILY RESIDENTIAL (R-6) TO LIMITED OFFICE DISTRICT (0-1). FILE # RZ003084, RICHARD ZAVALA (APPLICANT AND OWNER) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . APPROVE the rezoning application County file #RZ003084 as recommended by the County Planning Commission, 2. ADOPT the County Planning Commission's findings as set forth in Resolution#14-2000 as the determination for these actions. . ADOPT the Categorical Exemption, Section 15305, Class 5 prepared for this project as being adequate. 4. DIRECT the Community Development Department to file the Notice of Determination With the County Clerk. FISCAL IMPACT The applicant is responsible for the cost of processing the application. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December 5. 2000 APPROVED AS RECOMMENDED LY,_OTHER INTRODUCED Ordinance 2000-43, WAIVED 'Reading, and SET December 19,2000, for ado tion of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS(ABSENT-** CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN ** Supervisor seat V vacant at this time Contact: Lashun Cross 335-1229 ATTESTED_ eceMb�r 5, 2000 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF Public Warks SUPERVISORS AND COUNTY ADMINISTRATOR Applicant Building Inspection �}} B N�14 ,DEPUTY December 5, 2000 Board of Supervisors File#RZ003084 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is requesting to rezone a 19,602 square foot parcel from R-6 to 0-1 to establish consistency with the General Plan designation of Office. No development is currently proposed. The zoning districts within the surrounding area consist of Controlled Manufacturing (C-M), Multiple-Family residential (M-17), and Single Family Residential (R-6) Districts. The properties immediately adjacent to the subject site are zoned Limited-Office District (0-1)with a General Plan designation of Office (OF). The applicant's request was heard by the County Planning Commission on July 25,2000. The County Planning Commission, after evaluating the proposal and evidence submitted, voted to recommend approval of the proposed rezoning to the Board of Supervisors. RESOLUTION NO. 14-2000 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS OF THE REQUESTED CHANGE IN ZONING BY RICHARD ZAVALA (Applicant & Owner) (RZ003084) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE PACHECO AREA OF SAID COUNTY. WHEREAS, a request by Richard Zavala (Applicant) and (Owner) (RZ003084), to rezone approximately 19,602 square feet from Single family Residential, Rw6, to Limited Office District ( 0-1), for which an application was received by the Community Development Department on January 25, 2000; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, the project was determined to be Categorically Exempt from the requirements of the California Environmental Quality Act(Class 5,Minor Alterations); and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday July 25, 2000, whereat all persons interested therein might appear and be heard; and WHEREAS, on Tuesday, July 25, 2000, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission: 1. FINDS that the proposed Categorical Exemption is adequate for the purposes of compliance with the California Environmental Quality Act and adopts the same; 2. RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning request of Richard Zavala (Applicant & Owner), to change from Single Family Residential(R-6)to the Limited Office District(0-1); BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. REZONING FINDINGS: 1. Required Finding — The change proposed will substantially comply with the General Plan. Project Finding — The project is consistent with the goals and policies of the General Plan relative to the site, namely that the site has an office designation which allows for a range of commercial uses. 2 2. Required Finding — The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Findiniz: The 0-1 zoning district will assist in making the proposed use and zoning more compatible, and will provide for only one zoning for the property rather than two. 3. Required Findin — Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: Community need has been demonstrated for the use. The adjacent properties are currently zoned 0-1 and are developed with professional office use. B. Growth Management Element Performance Standards Findings 1. Traffic: The project will generate less than 100-peak hour trips and does not trigger a Measure C traffic study. 2. Water: The project is within the boundaries of the Contra Costa Water District. Water service is available for the project. 3. Sanitary Sewer: The project is within the boundaries of the Central Sanitary District. Sanitary sewer service is available for the project. 4. Fire Protection: The subject property is within the Contra Costa County Fire Protection District boundaries and the applicant will be required to comply with the District's requirements. 5. Public Protection: The Growth Management Element standard is 155 square feet of Sheriff facility station area per 1,000 population. There will be a minimal impact on public protection in the area since the applicant is proposing to secure the site with fencing. 6. Parks & Recreation: Due to the nature of the project, no park dedication fee is required. 7. Flood Control & Drainage: The project will be required to meet all collect and convey requirements. (Ref. The Growth Management Element, Chapter 4, of the General Plan) 3 No development is currently proposed. BE IT FURTHER RESOLVED that the Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. The instructions by the Planning Commission to prepare this resolution was given by motion of the County Planning Commission on Tuesday, July 25, 2000, by the following vote: AYES: Clark, Wong, Battaglia,Hanecak, Kimber, Terrell NOES: bone ABSENT: Caddis ABSTAIN: None Richard Clark, Chair of the County Planning Commission County of Contra Costa, State of California ATTEST: �� 6 ,�� Dennis M. Barry, Secretary County of Contra Costa State of California FINDINGS AND CONDITIONS OF APPROVAL FOR RZ003084 AS APPROVED BY THE BOARD OF SUPERVISORS ON DECEMBER 5, 2000. I. Growth Manyement Element Performance Standards for RZ003084: A. Traffic: There are no development plans proposed at this time. The project as it exists generates one P.M. peak hour trip. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. B. Water: The water supply is from Contra Costa Water District. C. Sanitary Sewer. The sewage disposal system is existing with the Central Sanitary District. D. Fire Protection: The applicant is required to comply with the Consolidated Fire District requirements. E. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The proposed office-building project will be required to pay fees to mitigate impacts. F. Parks and Recreation: The applicant will not be required to pay park dedication fees. G. Flood Control and Drainage: The proposed project would not be prone to flooding. However, at the time of the development plan and/or land use review, the project will be required to comply with the County's collect and convey requirements. II. Findings for RZ003084: Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in a land use district is made. They are as follows: 1. The change proposed will substantially comply with the General Plan. The rezoning of the subject property from h-6 to 0-1 will establish consistency with.the General Plan designation of OF-Office. 2 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. The zoning district within the immediate adjacent properties consists of 0-1 (Limited Office District). 3. Community need-has been demonstrated for the use proposed, but this does not require demonstration of future financial success. The adjacent properties are currently office building therefore the community has already demonstrated the needfor for the use proposed without demonstration offuture uture financial success.. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Comply with the requirements of the Building Inspection Department. Building permits are required. B. Comply with the requirements of the Contra Costa Water District. C. Comply with the requirements of the Contra Costa County Central Sanitary District. D. Comply with the requirements of the Contra Costa County Consolidated Fire District as outlined in the attached letter dated received February 3, 2000. LCC/mp 12/12/00 S:staff reports/RZ003084c