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HomeMy WebLinkAboutMINUTES - 10192004 - D3 REZONING ERIC HASSELTINE (Applicant) ANTHONY & BONNIE TEIXERIA (Owner) COUNTY FILE #RZ033126 RECOMMENDATION OF THE SAN R.AMON VALLEY REGIONAL PLANNING COMMISSION TO REZONE A 2.67 ACRE PARCEL FROM A-2 TO A-40 FOR THE PURPOSE OF ENTERING INTO A LAND CONSERVATION CONTRACT WITH THE COUNTY. In the Tassajara area Board of Supervisors Contra Costa County October 19, 2004 1:00 PM TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County (:O LT DATE: OCTOBER 19, 2004 SUBJECT: Hearing on the Recommendation of the San Ramon Valley Regional Planning Commission to Rezone 2.7 acres from General Agricultural (A-2) to Exclusive Agricultural (A-40)at#6615 Johnston Road in the Tassajara area. (Eric Hasseltine -Applicant; Anthony& Bonnie Teixeira -Owners) (County File#RZ033126) (Sup. Dist. III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION —Adopt a motion to: 1. ADOPT the proposed Negative Declaration determination prepared for this project as adequate for the purposes of compliance with the California Environmental Quality Act. 2. APPROVE the proposed rezoning of 2.7 acres from A-2 (General Agriculture) to A-40 (Exclusive Agriculture) as recommended by the San Ramon Valley Regional Planning Commission, as reported in Resolution No. 14-2004. 3. ADOPT the findings contained in the San Ramon Valley Regional Planning Commission Resolution No. 14-2004 as the basis for the Board's acti CONTINUED ON ATTACHMENT: X YES SIGNATURE 2 �f RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON ZAPPROVED AS RECOMMENDED __G4+fEr% VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND ,X 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 Contact: Rose Marie Pietras (925)335-1216 ATTESTED 2Z1 JOHN SWEETEN, CLERK OF THE BOARD OF Orig: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR cc: Eric Hasseltine(Applicant) Anthony& Bonnie Teixeira (Owners) BY ,DEPUTY Assessor File#RZ033126 October 19, 2004 Board of Supervisors File#RZ033126 Page 2 4. INTRODUCE the ordinance giving effect to the aforesaid rezoning; waive reading and set date for adoption. 5. DIRECT the Community Development Department to post a Notice of Determination with the County Clerk. FISCAL IMPACT: The applicant is responsible for the cost of processing the rezoning request. BACKGROUND/REASONS FOR RECOMMENDATIONS The subject site occupies a section of the west bank of a seasonal tributary creek that flows into Tassajara Creek, north of Johnston Road, in the Tassajara area. The property has a single-family residence consisting of 2900 square feet. The property has some mature trees. The property owner wished to acquire property on the north side of the site that is subject to a Land Conservation (Williamson Act) Contract. The Williamson Act allows the owners of property to qualify for a reduced property tax in consideration of on-going contractual restrictions that allow limited agricultural activity on a site. The 2.67-acre parcel is smaller than the minimum 40-acre parcel size limit than is required to qualify for a Land Conservation Contract. The A-2 zoning district (5-acre min. parcel size) is also not consistent with the Agricultural Preserve Ordinance Program for Land Conservation contracts. In order to be able to qualify the site for a Land Conservation contract, the applicant has: • Filed, obtained and executed a lot line adjustment with the adjoining property owner (Perry) that transfers 40-acres from an irregular-shaped 98-acre parcel in 2003, and combines it with the Teixeiras 2.67-acre parcel, County File#LL03-0004, resulting in a 42.67-acre parcel; and • Filed this application to rezone the 2.67-acre site from General Agricultural, A-2 to Exclusive Agricultural, A-40 zoning to match the zoning on the balance of the reconfigured parcel. In approving the lot line adjustment, staff had requested that the resultant 42.67-acre parcel be combined as one assessor's parcel number. However, the County Assessor has (for the time being) understandably allowed the two portions of the site to be represented by two different parcel numbers to reflect the different tax laws that apply to each portion (APN 204-120-005 not subject to Land Conservation Contract; APN 204-120-017 subject to Land Conservation Contract). October 19, 2004 Board of Supervisors File#RZ033126 Page 3 1998 Approval of Minor Subdivision on Adjoi_nina Property — The recent acquisition of real property affects the validity of a minor subdivision that the County Planning Commission approved on the adjoining 98-acre property before it was reconfigured by the transfer of land to the Teixeiras. In 1996, the owners at the time of the adjoining property (Wilbert & Helen Perry) filed a tentative map application (County File#MS96-0001)with the County to subdivide that 98-acre site into three parcels. The County Planning Commission heard the matter. In 1998, after taking public testimony, the Commission approved the application subject to conditions. Because the site is subject to an active Land Conservation Contract, and the applicant was requesting the creation of one parcel that was less than 40 acres in size (5 acres), pursuant to a requirement of State law, a condition of the subdivision permit required the applicant to enter into a Joint Management Agreement to require that all of the affected real property in that subdivision (Parcels A, B, and C) be run as a single joint agricultural operation. No appeal was filed on the Planning Commission's tentative map approval decision;therefore, it became final. On October 12, 1999, the Board of Supervisors approved a proposed Joint Management Agreement to allow agricultural operations to be operated on the combined acreage of the three parcels for the duration of the Williamson Act Contract, thus satisfying one of the conditions for approval of a Parcel Map. The real property that was transferred from the Perrys to the Teixeiras in 2003 as a result of the approved lot line adjustment coincides approximately with Parcel B of File #MS96-0001. But while the applicant had satisfied the Joint Management Agreement requirement of the Subdivision Permit, other subdivision permit requirements have not been satisfied. A Parcel Map has not been filed by the applicant or approved by the County that would consummate the tentative map approval. SAN RAMON VALLEY REGIONAL PLANNING COMMISSION HEARING The San Ramon Valley Regional Planning Commission heard the rezoning application on December 15, 2003. Staff reported that the proposed zoning change should be found consistent with the Agricultural Lands General Plan designation that applies to this site(min. 5- acres). There was no opposition at the public hearing, or otherwise. The Planning Commission voted unanimously (Commissioners absent: Mulvihill and Matsunaga; Commissioner abstaining - Ingalls) to recommend that the Board approve the proposed rezoning. In so doing, the Commission also adopted the proposed Negative Declaration determination for purposes of compliance with the California Environmental Quality Act. DISCUSSION The Community Development Department has not received any additional letters from the general public since the San Ramon Valley Regional Planning Commission hearing October 19, 2004 Board of Supervisors File#RZ033126 Page 4 regarding the request to rezone the property. Before the Williamson Act program may be applied to the subject 2.67-acre property, the applicant must apply to the County and have the Board of Supervisors authorize a modified Land Conservation contract for the reconfigured parcel. Once the modified contract has been approved and recorded, the two parcels should be combined to allow only one assessment and to avoid any confusion that any more than one legal parcel exists on the 42.67-acre site. The property owner will also be able to qualify for a reduced property tax rate from what presently applies to the 2.67-acre real property. Consequence of Inaction or Denial of Proposal by the Board In the event that the Board denies the request, that portion of the property zoned General Agriculture (A-2) zoning would remain with that zoning, and the property would not qualify for inclusion in a land conservation contract. GACurrent Plan ning\curr-plan\Board\Board Orders\RZ033126bo.rd.doc RMP\RD RESOLUTION RESOLUTION NO. 14-2004 RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY ERIC HASSELTINE (APPLICANT) AND ANTHONY & BONNIE TEIXEIRA (OWNER) (County File #RZ033126) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE TASSAJARA AREA OF SAID COUNTY. WHEREAS, a request by Eric Hasseltine (Applicant), and Anthony & Bonnie Teixeira (Owner) (RZ033126), to rezone approximately 2.67 acres of land from General Agricultural District (A-2) to the Exclusive Agricultural District (A-40)was received on March 26, 2003; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have a significant adverse environmental impact; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared,posted, circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the San Ramon Valley Regional Planning Commission on Wednesday, December 15, 2003, whereat all persons interested might appear and be heard; and WHEREAS, on Wednesday, December 15, 2003, the San Ramon Valley Regional Planning Commission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, on Wednesday, December 15, 2003, the San Ramon Valley Regional Planning Commission fully reviewed, considered and evaluated all the evidence submitted in this matter; and WHEREAS, on Wednesday, December 15, 2003, due to the nature of the project all the Commissioners present at the San Ramon Valley Planning Commission approved it on consent with the exception of one abstention and two absentees; and NOW, THEREFORE, BE IT RESOLVED, that San Ramon Valley Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Eric Hasseltine (Applicant) and Anthony&Bonnie Teixeira(owner)be for change from General Agriculture (A-2)to Exclusive Agricultural District (A-40) as indicated on the finding's map entitled: Page of the County's 1978 Zoning Map. 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. 2 Pro J ect Fin — The project is consistent with the goals and policies of the General Plan relative to the site,regarding water availability, access, and density issues. 2. Regaired FindiM — The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding— The zoning district within the immediate adjacent properties consists of A-20,, A-40 and A-80. 3. Required F — Community need has not been demonstrated for the use proposed, but this does not require demonstration of future financial success. Prosect Finding A number of parcels in the immediate area have A-40 and A-80 zoning, so a community need has been demonstrated for the use 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 San Ramon Valley Regional Planning Commission to prepare this resolution was given by motion of the San Ramon Valley Regional Planning Commission on Wednesday, December 15, 2003,by the following vote: AYES: Gibson,,Neely. Couture and McPherson NOES: None ABSENT: Mulvihill and Matsunaga ABSTAIN: Ingalls Michael Gibson, Chair of the San Ramon Planning Commission County of Contra Costa, State of California ATTEST: Dennis M. Barry, Secretary County of Contra Costa State of California FINDINGS MAP F'ind'ings Map A=40// Jf ........... A=20 A=80 =40, A=2 OHN N D N IIR�- Rezone From A-2 ToA-40 San Ramon Area Michael A. Gibson Chair of the San Ramon Valley Planning Commission,State of California,do hereby certify that this is a true and correct copy of - page V-Z 1 of the County I S 1978 zoning map indicating thereon the decision of the San Ramon Valley Planning Commission in the matter of Eric Hasseltine - RZ033126 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calif. ORDINANCE NO. (Re-Zoning Land in the San Ramon Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page V-21 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 File No. _R7,033126 .) FROM: Land Use District A-2 ( General Agriculture ) TO: Land Use District A-40 Exclusive Agricultural and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. SECTION II. EFFECTIVE 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 , a newspaper published in this County. PASSED on by the following vote: Supervisor Ave No Absent Abstain 1. J. Gioia ( ) ( ) ( ) ( ) 2. G.B.Uilkema { ) ( ) ( ) ( } 3. M. Greenberg ( ) ( ) ( ) ( } 4. M. DeSaulnier ( ) ( ) ( ) ( ) 5. F.D. Glover ( ) ( } ( ) ( ) ATTEST: John Sweeten,County Administrator and Clerk of the Board of Supervisors Chairman of the Board By ,Dep. (SEAL) ORDINANCE NO. RZ033126 - Eric Hasseltine GENERAL PLAN AND ZONING MAPS N APN 204m120mO05 B PN -120-005 204 4 J This map was created by the Contra Costa County Community Development Map created 03 Department with data from the Contra Costa County GIS Program. This map contains by Contra Costa County Community ty Development,GIS Group copyrighted information and may not be altered. It may be reproduced in its current state 651 Pine Street,4th Floor—North Wing,Martinez,CA 94553-0095 if the source is cited.Users of this map agree to read and accept the County of Contra Costa 37:59:48.455N 122:06:35.384W disclaimer of liability for geographic information. GENERAL PLAN APN 204m120mO05 N Feet 0 145 290 580 Map created 5/3/2003 This map was created by the Contra Costa County Community Development by Contra Costa County Community Development,GIS Group Department with data from the Contra Costa County GIS Program. This map contains 651 Pine Street,4th Floor—North Wing,Martinez,CA 94553-0095 copyrighted information and may not be altered. It may be reproduced in its current state 37:59:48.455N 122:06:35.384W 4i) if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. ZONING APN 204=120=005 A=2 N Feet 0 145 290 580 Map created 5/3/2003 This map was created by the Contra Costa County Community Development by Contra Costa County Community Development,GIS Group Department with data from the Contra Costa County GIS Program. This map contains 651 Pine Street,4th Floor—North Wing,Martinez,CA 94553-0095 copyrighted information and may not be altered. It may be reproduced in its current state 37:59:48.455N 122:06:35.384W if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. 3 fit F/fD,,:./`3oe�r`rD"'s���i� f � �`"�i��//�j�f Hi �•�S�is"f��/ Y+ ��u��y� � r / y� n-' b i g`I r .fes 6, �f✓f!" % y hey fL�/moi. N t 5 y Y �y/.✓�5 ham{y - f'� �. fNA f r y N3 r h r y y r Y� s, 55 6 9 Y Y f ris- u ski� .14 .6 r moo N y x� 9 ;::..... .:.. .. .�; v. STAFF REPORT DECEMBER 15, 2003 SAN RAMON VALLEY REGIONAL PLANNING COMMISSION Agenda Item# Community Development Contra Costa County SAN RAMON VALLEY REGIONAL PLANNING COMISSION MONDAY,DECEMBER 15, 2003 - 7:00 P.M. I. INTRODUCTION ERIC HASSELTINE (Applicant) — ANTHONY & BONNIE TEIIXEEIRA (Owners), County File #RZ033126: The applicants have requested approval to rezone a 2.67 acre parcel from A-2 (General Agriculture) to A-40 (Exclusive Agriculture) and merge it with Assessor Parcel Number 201-120-001 to create one 42.67 acre parcel for the purpose of entering into a land conservation contract with the County. The subject site address is 6615 Johnston Road in the Tassajara area. (A-2) (ZA: V-21) (CT: 3551.03) (APN: 204- 120-005). II. RECOMMENDATION A. Adopt the attached Negative Declaration. B. Adopt a motion recommending that the Board of Supervisors adopt the proposed rezoning from A-2 (General Agricultural)to A-40(Exclusive Agriculture). III. GENERAL INFORMATION A. General Plan: The General Plan Designation is Agricultural Lands (AL) 1 duper 5 acres. B. Zoning: The current zoning is A-2. G CEOA Status: A negative declaration was posted on September 29, 2003. The comment period expired on October 20, 2003.No comments have been received as of the time of preparation of this report. D. Previous Applications: • ZI 91-112: Zoning violation on a mobile home as second dwelling without a permit. • LL03-04: Lot line adjustment between APN 204-120-001 and 204-120- 005. S-2 E. Regulatory Programs: 1. Active Fault Zone: The site is not within an active fault zone. 2. Flood Hazard Area: The subject properties are in flood zone `A', 100-year flood zone and flood zone `C' of minimal flooding—Panel#0500 B. 3. 60 dBA Noise Control Zone: The site is not within a 60 dBA noise control zone. 4. Redevelopment District: The site is not within a redevelopment district. IV. SITE/AREA DESCRIPTION The subject property is located off Johnston Road in the Tassaj ara area. The subject property consists of 2.67 acres. The property has a single-family residence consisting of 2900 square feet. The property has some mature trees. The subject properties are located in a rural area of the County. All of the properties surrounding the subject properties have agricultural uses,mostly grazing and livestock, and a large majority of the farms in the area have single-family residences located on the properties. The properties are accessed via Johnston Road off Camino Tassajara Road. V. PROPOSED PROJECT The applicant has requested to rezone the 2.67-acre parcel from A-2 (General Agriculture) to A-40(Exclusive Agriculture) and to merge it with Assessor Parcel Number 201-120-001 to create one 42.67-acre parcel for the purpose of entering into a land conservation contract with Contra Costa County. VI. AGENCY COMMENTS 1. The following agencies have not submitted any comments on this application: San Ramon Town of Danville Contra Costa County Community Development Department-Advance Planning Division 2. Public Works Department: Memorandum dated April 14, 2003. No comments on the rezoning. The Public Works Department will comment on subsequent applications. VII. STAFF ANALYSIS/DISCUSSION A. Appropriateness of Use: The proposal to rezone the properties from A-2 to A-40 is appropriate for the area, and is compatible with the General Plan Designation of S-3 AL. Within the vicinity there are other properties that have the A-40 zoning designation. The purpose of the rezoning is to merge the above-mentioned properties into one parcel in order to include this property in one land conservation contract. B. Site Plan Analysis: The properties in question are currently being used for agricultural purposes. Rezoning of the properties will not require a change in use, nor will it cause a problem with the permitted uses. The General Plan Designation of AL allows 1 unit per 5 acres. C. Compatibility with Regulatory Programs: Rezoning of the property from A-2 to A-40 will maintain compatibility with the General Plan Designation of AL. The current uses of the properties to be rezoned are allowed in both A-2 and A-40 zones. D. General Plan/Zoning Compliance: Rezoning of the property from A-2 to A-40 maintains compatibility with the General Plan. The current uses on the subject properties are permitted uses in both the A-2 and A-40 zoning districts. VIII. CONCLUSIONS Staff has concluded that the request to rezone Assessor Parcel Number 204-120-005 in the Tassajara area from(A-2)General Agricultural (A-40)to Exclusive Agriculture(A- 40) is appropriate for the area and recommends that the San Ramon Valley Regional Planning Commission adopt a motion recommending that the Board of Supervisors adopt the rezoning. RMP/dls 11/5/03 G:\CiurentPlanning\carr-plan\Staff Reports\RZ03 3 12 6.staff.doc 11419 I1'IgOe)3 FINDINGS FOR COUNTY FILE #RZ033126 ERIC HASSELTINE (Applicant)—ANTHONY & BONNIE TEIXEIRA(Owners) FINDINGS: A. Growth Management Performance Standards: 1. Traffic: There are no development plans proposed at this time. Rezoning of the properties will not impact current traffic patterns. The uses allowed in the A-2 zoning district as compared with those allowed in the A-40 district will not lead to any significant impact on traffic patterns. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Water: The subject sites are not connected to public water supplies. 3. Sewa e: The subject sites do not utilize public sanitary systems. All of the subject parcels are on septic systems. 4. Fire Protection: The site is within the San Ramon Valley Fire Protection District. 5. Public Protection: The Growth Management Element standard is 155 square feet of Sheriff facility station area per 1,000 population. This project will not trigger this requirement. 6. Parks and Recreation: The applicants will not be required to pay park dedication fees. 7. Flood Control and Drainage: A portion of the subject property is located in Flood Zone `A' with the remaining portion of the site in Flood Zone `C' panel #0500. No development is proposed. B. Rezone Findings 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 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 properties from A-2 (General Agriculture) to A- 40 (Exclusive Agriculture) will maintain consistency with the General Plan Designation of AL (Agriculture Lands). 2 2. The use authorized or proposed in this land use district is compatible within the district and to uses authorized in adjacent districts. The zoning district within the immediate adjacent properties consists ofA-2, A- 20, A-40 and A-80 zoning districts. 3. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. A number of parcels in the immediate area have A-2 and A-40 zoning, so a community need has been demonstrated for the use proposed. ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. Comply with the requirements of the County Building Inspection Department. B. Comply with the requirements of the Health Services Department, Environmental Health Division. C. Comply with the requirements of the San Ramon Valley Fire Protection District. D. Comply with the requirements of the Contra Costa County Public Works Department. RMP/dls 11/5/03 WCurrent Planningkurr-planlStaff Reports\RZ033126.coa.doc REDUCED SCALE MAPS P.- WZZ—M +` so r o O i O + oo + �- 00 a LLMI � N , I . ' 1 I o + + + ' EI m 0 Iasi 0 aD. ro a : 'r• CV Q Go tr N � + 0 + + O O + co 00 00 on 02 A a . 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DOCUMENTS FROM ADJOINING (PERRY) 1998 SUBDIVISION FILE #MS96-0001 p e,a 3tr="i rt•' _ 1 � 40 al CC 14. i' , y,r �l 1� �.``\'`ti�`• timet 1� � } 1 I J � �/jfrj �,,__ �? / -- A 46 0 /0 CC dO Q cr.44 cr 1 ,�,� l l crW � I Glx � l o^ 1100, , to OJV _ in lI 1 1d 4 t rf � dei �•.`r �� 1j /f � / j � � I � '� 1/ � "� Q� � �� •.t , � � l 1 I � w , . ! li � � � � �� -' 111 � �• � -. t 0 3 •• t .-/ j. // !! ,v 1 ' ( 1 11 4 00 }�. d►N c�, ry 73 cc, in F a .• Q W J c N� `to ti N a S f, 0 ret � �``� O W,��,, �, _.�Q °.✓.r�;'��ra Z ti:`'J � Nom„ � ,M f,� n � •.a '�• 41 d• IA 7 + !? v� m y 0 %'- 6 88 8' 2r `•�',n s� •�"t wJ'�t �, tt, m W; +? q b�.1T S l a p ss 0 00 Qom.. S 0 41 O Fit boa/€'C ` �9 S'� t' • 1 96,6F.82 s + L� 4-2 SL 06 00 C/rcp t2 7Z LQ ('\ \ , � ��i•' ie�wtf+'•� ...moi 4. +pro�� lvd �L 4'L'2b2 �( � .��. � ��.. ` ' • a? ♦6owio'j°O '�••9'C;6P•2lS * 1 r a, ��. ;`�L`�• /• j' � .�`. , lopwas � •� jj �,•1 r i ' y nr11J� Q f, 44 IAJ a • + 2,4,, Ey,SRV ,,.� {�'}`• � Ds. •-pool r 4'N /, � `•�, � !r t \,p�i•• �, erg n••y7�9.+�+d 'l -40 IL r Oa / `b d � Do c r 4-1 0 TO: BOARD OF SUPERVISORS s N-C 2 2 PM 2. �- Contra • FROM. DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR osta Y, +SII ';�.� :L... �-• -' •C DATE: October 12, 1999 r �� ounty SUBJECT: Approval of a Joint Management Agreement pursuant to State Law Section 66474.4 for subdividing a 98.6 acre parcel into three (3) parcels with a variance to minimum parcel dimensions (Parcel A proposed 5.8 t gross acres; 40 acre minimum required). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Mitigated Negative Declaration Determination for purposes of compliance with CEQA. 2. Adopt the proposed Mitigation Monitoring Program. 3. Adopt the following findings: A. Variance Findings: 1. Adopt a finding that the proposed Parcel A will not be a grant of special privilege inconsistent with the limitations on the properties to the east of the project site consisting of 5+/- acres and the respective land use district (A-40 Exclusive Agriculture) in which the subject property is located. CONTINUED ON ATTACHMENT: / YES SIGNATURE �--� RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 12- 1999 APPROVED AS RECOMMENDED XX. OTHER_ VOTE OF SUPERVISORS The public hearing was OPENED,and Eric Hasseltine,3182 Old Tunnel Road,Lafayette,for Applicants, offered comments;no one else desiring to speak,the hearing was CLOSED,and the Board took the following action: APPROVED the staff s recommendations as listed. I HEREBY CERTIFY THAT THIS IS A TRUE XXUNANIMOUS (ABSENT /SIV AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT:_ABSTAIN:_ BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: (9251335-1216) Rose Marie Pietras ATTESTED October 12, 1999 cc: Community Development Department PHIL BATCHELOR,CLERK OF Heather Ballenger, Public Works THE BOARD OF SUPERVISORS Wilbert&Helen Perry AND COUNTY ADMINISTRATOR B - ( ,DEPUTY r MS960001 PA GE2 2. Adopt a finding that the unique circumstances applicable to the subject property because of its shape, topography, location and surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by property owners to the east. 3. Adopt a finding that the authorization of this variance will meet the intent and purpose of the respective land use district in which the subject property is located. B. Joint Management Agreement Findings: 1. Adopt a finding that prior to filing a parcel map the applicant will be required to enter into a joint management agreement pursuant to Section 51230.1 of the California Government Code to provide that the parcels which are jointly managed total at least 40 acres in size. C. Minor Subdivision Findings: 1. Adopt a finding that MS960001 is consistent with the County General Plan, the Subdivision Map Act and the Land Conservation Contract Resolution #73166. 4. As recommended by the County Planning Commission, approve MS960001 subject to the attached conditions of approval and subject to the following revision to Condition #4. Concurrent with the recordation of the parcel map, the applicant shall record a written agreement for joint management of the three parcels in accord with California Government Code Section 51230.1 as a deed restriction to all three proposed parcels. 5. Authorize the initiation of the joint management agreement stamp dated December 24, 1998 pursuant to California Government Code Section 66474.4 Subsection (b)(1). 6. Direct the Clerk of the Board to record with the County Recorder a copy of the Joint Management Agreement. BACKGROUND/REASONS FOR RECOMMENDATIONS The approval of MS960001 requires the granting approval of a variance to parcel size and is contingent on the Board of Supervisors' approval authorizing a joint management agreement pursuant to California Government Code Section 66474.4 (Refer to attached County Planning Commission staff report dated April 13, 1999). The applicant submitted a notarized Joint Management Agreement stamp dated received on December 24, 1998, signed by the owners Mr. and Mrs. Wilbert Perry and their three descendants, i.e. Thomas Perry, Bonnie Teixeira and James Perry. (Refer to Exhibit A in attached County Planning Commission staff report dated April 13, 1999). s:rmplms960001.bo AacmdgV Requested By: . . . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CONTRA COSTA Co Recorder Office Retm to: STEPHEN L.199�C1 DOC� 0321845-00 CLERK OF THE BOARD OF SUPERVISOR& Check Number 651 Pine Street , Room 106 T, DEC 14, 1999 09:28:42 Martinez CA 94553 MIC $1.00 MOD 68.00 REC $12.00 TCF $7.00 Ttl Pd 628.00 Nbr-0000756489 Ire/R9/1-8 E)ocument ritie(s) JOINT MANAGEMENT AGREEMENT BY AND BETWEEN WILBERT and HELEN PERRY, HUSBAND and WIFE, and THEIR CHILDREN JAMES PERRY, THOMAS PERRY, and BONNIE TEIXERIA At JOINT MANAGEMENT AGREEMENT This Agreement is by and between Wilbert and Helen Perry, husband and wife, and their children James Perry, Thomas Perry and Bonnie Teixeira, referred to hereinafter as the Parties * A. PURPOSE, The purpose of this Agreement is to effect a subdivision of a 98.6 acre parcel, Contra Costa County Assessor's Parcel Number 204-120-001, as described in Exhibit A, hereinafter referred to as the Property, located at 6575 Johnston Road in the unincorporated Tassaiara area of Contra Costa County, and to satisfy statutes applicable to such a subdivision, including Government Code Sections 6647494, 51230 . 1 and 512430 Be RECITALS* ( 1) Ownership of the 98.6 acre parcel is vested in Wilbert and Helen Perry* (2) The current zoning of the property is A-40. ( 3) The Property is the subject of a contract with Contra Costa County entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act) on February 13, 1973 and adopted by the Contra Costa County Board of Supervisors via Resolution 73-669 (4) A minor subdivision application, MS 96-1, has been filed with Contra Costa County to divide the Property into three parcels of approximately 52 *31 40.5 and 5 .8 acres as described in Exhibit Be The application was certified as complete on December 17, 1996 . Ce AGREEMENT9 It is hereby agreed by the Parties that ownership of all parcels formed by MS 96-1 shall remain vested with Wilbert and/or Helen Perry during their lifetimes, after which the ownerships shall be vested as follows : ( 1) Ownership of the 52 .3 acre parcel shall pass to James Perry.. (2) Ownership of the 40.5 acre parcel shall pass to Bonnie Teixeira. (3) Ownership of the 5. 8 acre parcel shall pass to Thomas Perry. (4) For the duration of the Williamson Act contract noted in Item B(3) above, the agricultural operations described therein shall be conducted henceforth on the three parcels created by MS 96-1 subject to the terms and conditions of said contract, and shall be integrated and managed jointly as if the original Property continued to exist as a single parcel. D. SIGNATURES. These signatures attest the Parties ' agreement to the foregoing provisions : iL 7Z� 1A Wilbert Perry Helen Perry Jes Permzz 1111,r1qP5;,;p /2-y-98 Date Dates Date I dl Nomas Pe y Bonnie Teix ira /?60- Date Dat CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of r County of On JC en 6r before me, 111 Date z"�e d o O+�ce,(e-G,'J n oe,N �' "'► personally appeared Ger Q e �. Name(s)of Signe„,s; 0 personally known to me–OR– proved to me on the basis of satisfactt y evidence to be the person(s) whose name(s) is/ re ubscribed to the within instrument and acknowledge me that he/shel�lp executed the same in his/her/ eir uthorized capacity(ies),and that by CAROB DIANE S?FP^NOVICH his/her/t it g a ure(s) on the instrument the person(s), t Commission 0 t7�► or the en upon behalf of which the person(s) acted, tee' Notary Public—Catitomia executed the ' tru ent. Contra Costa County MY Comm.50-esArr25,2002 WITH S ha n nd official seal. S gratire of NotaryP .,ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Actf%ze-MW%rrn_� Document Date: Ve-t cr umber of Pages- t2 r: Signer(s) Other Than Named Above: CrI Capacity(ies) Claimed by Signer(s) T Cr Signer's Name: Signer's Name: a Individual D Individual 0 Corporate Officer 0 Corporate Officer Title(s): Title(s)- 0 Partner D Limited D General 0 Partner 0 Limited 0 General 0 Attorney-in-Fact 0 Attomey-in-Fact D Trustee p Trustee _ 0 Guardian or Conservator ' . ..r ! 0 Guardian or Conservator 17 Other: Trere ?0F T�:� t Hers 0 Other: ` t I ' i I Signer Is Representing: Signer Is Representing: _ 27 1 @94'National Notary Association•8236 Remme,Ave,P.O Box 718,•Canoga ParK,CA 91,309-7164 Pro, No.5907 Recrae­Cal:Tol'-Free-i-SCO-876.6p” CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of oir� County of On NAO I JZ before me e Cate Warne and Titte of Off cer(e.g. Jane Doe,No:ary PuMI'c') personally appeared 02ZG4 i !Name(s)of SignerW D personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s) whose nam is re subscribed to the within instrument and acknow edged to me thqtj!9she/they executed the same in rPher/their authorized capacity(ies), and that by Pper/iheir signature(s) on the instrument the person(s), CAROL DIANE STEPANOVICH r the entity upon behalf of which the person(s) acted, Commission# 117 ,7 y' Notary Public—California executed th trument. Contra Costo County Myr Comm.moires Apr 25,2002 WIT SS y d and official seal. r grat.,re rotary .&ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: I ?- N umber of Pages. 4 Signer(s) Other Than Named Above i r o,n e 1 Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: D Individual 0 Individual 0 Corporate Officer D Corporate Officer Title(s): Title(s)- 0 Partner—D Limited D General 0 Partner 0 Limited 0 General 0 Attorney-in-Fact D Attomey-in-Fact D Trustee 0 Trustee ed ils 0 Guardian or Conservator r 0 Guardian or Conservator •' 0 Other: T�� C. •�--I V rE;C T r 0 Other: I Signer Is Representing: ► Signer Is Representing: i i 1Q9=Na`.toral Notay Association•8236 Remme,Ave,P.0 Box 7184•Canoga Pars,CA 9?309-7--64 Prod Nc.5907 Reoraie-Cali Tot'-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tip State of Couty of On A!e in, �ee L4L)Cxf6lt�t� before me, I � nog!'' . Da Name and TitW of Of,&,(e.c,'Jane Doe,Notary Public") personally appeared 1�CA _Perr LA Name(s)o1 Signer;s; D personally known to me–OR– proved to me on the basis of satisfactory evidence to be the person(s) whose nam s is re subscribed to the within instrument and acknow edged to me thq<�e he/they executed the CAROL DIANE MPMJOv1CH same i 0er/their authorized capacity(ies), and that by Commission# I I78C 7Prthe er/their signature(s) on the instrument the person(s), NotaryPubiic—C�Itknla _ entity upon behalf of which the person(s) acted, Contra Costa County executed the strument. My Comm.bOms Apr 25,2�2 WITH S y a and official seal. "AWT 3 Am S gra,.,►e of No ;P,,b is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type +n of Document: o: MC-101 4, Document Date: UJr` Q Number of Pages: (,,Signer(s) Other Than Named Above � Capacity(ies) Claimed by Signer(s) ;c a;x.0 Signer's Name: Sr''�� fnr q Signer's Name: DV/Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): Cl Partner D Limited D General D Partner D Limited D General 7 Attorney-in-Fact D Attorney-in-Fact D Trustee _ I D Trustee D Guardian or Conservator ! D Guardian or Conservator D Other: Tc:. -��-rc t-ele i Tcp�;t.%um:. D Other: ries i I Signer Is Representing: Signer Is Representing: ' } I i � C 1994 National Notay Association-8236 Rernme2 Ave.,P.O.Box 7184-Canoga Park,CA 9'304-7'6� prod NO.5907 Reorde• Cali Toll-C►ee 1-600-676-682'7 EXHIBIT A Parcel "A" as said Parcel is shown on the Map of Subdivision M.S. 135-78, which map was filed on February 23, 1979 in Book 74 of Parcel Maps, Pages 29 et seq, Contra Costa County Records. 1 � ]-BIT ��' j ,f ..r rr 1�++th 40 ,. 1 Ile �ti A p 0 t N Sss• 'oo'�• h •,' ti w 0,6400 Ile db It S756 Ole 'Y► M'1♦ � � �.t► ✓ ...••.''`�;,�,•,,-'"'rte 4o W �,..- 0 04 'l• "1� � a ow - ,�` air..:s. o y STt.?t 94 �• j�,�, f f f s,0o^•semlow OF zrl f /tI•fs O •Q�•aI'w att J4 /o �''S ��s,•rr �� 3tl.s! �s,,,..�.1 •r V► / O Opp dl- pe 33/ ,� � a as/..rte � • p '�, '"`� ""`-�-:::�;.�1 t �,� �b =° �� ' :,r.�� qtr► ten► ^ th �4 .•., sa•r.•J w� fir, N h y Dow `to its.tit q i� © y t,��► Z h1 ` ., :.,. '�„X11 •��`'.� � �'�' '// �'�'. � h` � r� �� © �"'N oll �,«�- ,��` fir, •,',�. -1� � a a� �b , M .' DOCUMENTS FROM 2003 LOT LINE ADJUSTMENT THAT AUGMENTED THE PROPERTY OWNED BY THE TEIXERAS COUNTY FILE #LL03-0004 )*E of '00-E-19TI­­­," N6102300'E-241'1------ N33*37'WE-21V... WO-I FE N 66,17'00"E 337,+•- A.P.N. 204-120-001 EXISTING AREA = 98.57+AC. PROPOSED AREA= S7.98+AC N 21°57'00'E••19 V- N3L"2500"fi- PRO Ln 10#23'00-t 799 THONIPSON tv E.L W C)R TH Y C)p 1� -PROPOSED LOT LINE JM I F?A JM C)1\1 TE. fill, 389'09'43*E 25.3'± N5475471 112,6'±....... N co LOT LIN c TO BE DELETED...... AZIV ee 0 40 N '44-00-E 569-OIY43-E 0 V NT59OO'E 1302.4'i ...... N 0'50'00'E _1101.4'! ....... RFR I JN G L E 0-RC)UP _tz:::3t A.P.N. 204-120-005 WEST EXISTING AREA = 2.08+Al PROPOSED AREA=42.67±AC'. (-Cy^ oz 200 2o,,- When Recorded Return to: ROBERT J. SEHR, JR.I A P.C. CONTRA COSTA Co Recorder Office 39 QUAIL COURT) SUITE 300 STEPHEN L. WEIR, Clerk-Recorder WALNUT CREEK, CA 94596 DOC� 2003 0153577-00 Thursday, APR 03 2003 13:49:06 SUR $10.00 MIC $1.00 MOD $6.00 MAIL TAX STATEMENTS TO: REC $10.00 TCF $5.00 Tt I Pd $32,00 Nbr-0001409278 Anthony J. Teixeira I re/RS/1-6 Bonnie Teixeira 6615 Johnston Road Pleasanton, CA 94588 (Space above for Recorder use) GRANT DEED The undersigned grantor declares: Documentary Transfer Tax is: None- Deed to a Trustee, not pursuant to a sale. 17 Bonnie Teixeira HEREBY GRANT TO: Anthony J. Teixeira and Bonnie Teixeira, Trustees, Teixeira Trust, dated September 5, 1989, as community property THE FOLLOWING DESCRIBED REAL PROPERTY IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: FOR LEGAL DESCRIPTION, SEE EXHU31T A ATTACHED HERETO. FOR APPROVAL LETTER, SEE EXHI[BIT B ATTACHED HERETO Commonly known as: 6615 Johnston Road, Pleasanton, CA 94588 Assessor's Parcel No.: 204-120-005 Dated: 5 -214 t --7/ Bonnie Teixeira STATE OF CALIFORNIA COUNTY OF 0n q before me personally appeared Bonnie Teixeira, personally own to Me (or proved to me upon satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. W1 SS, MY OFFICIAL SEAL Notary Public of the State o Califo la ROBERT J.SEHR JR. commission#1302670 Z: Notary Public-caiifornia > mr .7 county contra costa county 8 005 • My Comm.Exp Apr 28,2005 2293.1 deed2 GALDESCRIPTION ADJUSD PARCEL APN 204-120-005 All that certain realp p y ra ert situate in the County of Contra Costa, State of California, described as.follows:� Beingportion of the northwest 1/4 of Section 2 Township 2 South, Range 1 East, and a portion a pa � � of the southwest 114 of Section 35, Township 1 South, Range 1 East, Mount Diablo Base and Meridian, further described as follows: PARCEL ONE BEGINNING ata point on the west line of said Section 2 at an an le Dint in the westerly line of Parcel'W', as said Parcel is shown on the Parcel Map.of Subdivision MS. 135-78, Bled February 23 . 1979 in Boob 74:of Parcel Maps at Page 29, Contra Costa County Records, distant North 0°50'l 7"East, 1101.47 from the most southerly corner of said Parcel."A" THENCE from said Point of g Y Beginningaloe said westerl line South 89°.09'43" East, 21.20 flet; . THENCE North 58007'47"East-. 229.47 feet; THENCE North 45044'47"East, 229.51 feet; THENCE North 54°25'47" East, 112.79 feet to an angle point in said westerly line; THENCE leaving said.westerly line South 89009'43" East, 25.27 feet to a point on the centerline of the 30-foot gide right-of-way described in Book 784 of Official Records at Page 331, Contra Costa County Records; THENCE along said centerline Forth 54°25'47" East, 120.00 feet; THENCE leaving said centerline North 7135'00" East, 880.00 feet; THENCE Forth 52°27'45" East, 276.82 feet to a point on the centerline of said 30-foot right-of- way ight-ofway (7 84 O.R. 3 31); THENCE along said centerline North 17016'47 East, 112.00 feet; THENCE North 9'18'17" East, 675.20 feet; THENCE North 310021173' East, 201.41 feet to a P,offit on the northerly line of said Parcel "A" (74-PM-29); THENCE along said northerly line.North 82011'00" West, 115 2.52.W feet to the northwest comer of said Parcel"A" (74-PI'S-29); THENCE along the westerly line of said Parcel "A" (74-PM-2.9) South 0044'06" West, 12..57.47 feet to the northwest corner of said Section 2 (T.2S., R.I E.) THENCE continuing along said westerly line and its direct southerly extension, also being'the westerly line of said Section 2, South 0'50'17" West, 1302.36 feet to the Point,of Begn"Umag. 0 It Contammg an area of 42.67 acres, more or-less,, PARCEL TWO A right-of-way not to be exclusive) as an appurtenance to Parcel One above, for use as a roadway for vehicles of all kinds, pedestrians and animals and as a right-of-way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines, together with the necessary:poles* or 'underground conduits to carry said lines over and under a strip of land 30 feet in width,,the center line of which is described as follows: BEGINNING on the line between Sections 2 and 3, Township 2 South, Range 1 East, Mount Diablo Base and Meridian, distant thereon North 23 feet from the southwest comer of the northwest 1/4 of said Section 2; North 60005'00." East 3 8.25 feet; THENCE from said point of beginning, THENCE North 45039'30" East, 150 feet to Station No. 1; THENCE North 32'35'30" East, 200 feet to Station No. 2; THENCE North 38°26'00" East, 166.30 feet to Station No. 3 THENCE North 9040'00" west, 131 feet to Station No. 4; THENCE North 33°57'00" West, 290 feet to Station No. 5; THENCE North 3105913011 West, 130 feet to Station No. 6; THENCE North 15°31'30" West, 237.20 feet to Station No. 7; f THENCE North 57077'30"East, 114.60 feet to a point on the direct southerly extension of the east line of Parcel One described in the deed recorded in Book 4732 of Official Records at Page 207, Contra Costa County Records. The east line of said Parcel Two is to terminate on the east by said direct southerly extension. _..� -.1 —1 b '%Nor%„e a a%aa %No% I_,UIIIIIIUIIII}I UCVU1UP111G1I1 UIICI.tUI Development _ r Department Costa County County Administration Building 651 Pine Street or - -= 1 rf:- 4th Floor, North Wing Martinez California 94553-0095 .o Ox 7� COUN�V Phone. (925) 335-1210 March 28, 2003 Bonnie Teixeira 6615 Johnston Rd. Pleasanton, CA 94588 Dear Ms. Teixeira: We have reviewed your request of November 26, 2002, regarding tax parcels 204-120--001 and 204-120-005. Your requested lot line adjustment does not constitute a subdivision of land, and therefore can be and is administratively approved by this department subject to the following conditions: 1. This approval is valid for a period of six months from the date of this letter. 2. Grant deeds must be recorded to implement the property exchange. 3. The property being transferred shall be combined with the receiving parcel to form one parcel for tax assessment purposes. 4. Provide the Community Development Department with a copy of the recorded documents. If you have any further questions regarding this matter please contact me at(925) 335-1360. S cerely, f L61 Donna Allen Senior Planner DA/dls cc: LL03-04 Office Hours Monday- Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1st, 3rd & 5th Fridays of each month / \ � , /{ /� { !!& �� ƒ \/ � / � v% .��% )