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HomeMy WebLinkAboutMINUTES - 11152005 - D6 yk i)e TO: BOARD OF SUPERVISORS °imp " ..• Contra n: SROM: DENNIS M. BARRY, AICP ...�:�� - Costa COMMUNITY DEVELOPMENT DIRECTOR ro,r _. : County cou DATE: NOVEMBER 15, 2005 SUBJECT: AMENDMENT TO THE NORTH GATE SPECIFIC PLAN TO ALLOW LIMITED WINEMAKING/WINERY USE AS A CONDITIONALLY PERMITTED USE (COUNTY FILE: SP#04=0001) (SUPERVISORIAL DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. OPEN the public hearing, ACCEPT written or oral public testimony related to the proposed amendment to the North Gate Specific Plan(County File: SP#04-0001)and CLOSE the public hearing. B. FIND the Negative Declaration prepared for this project to be adequate for the purpose of compliance with California Environmental Quality Act, and ADOPT the Negative Declaration. C. ACCEPT the recommendation of the County Planning Commission as contained in Resolution No. 30-2005. D. ACCEPT the recommendation and findings as contained in Resolution No. 3361 from the City of Walnut Creek Planning Commission. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF-BOARD ON —C6 APPROVED AS RECOMMENDED _OTHER_ d,u m a-�e�Ad" � HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND VOT OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF UNANIMOUS(ABSENTVW�J ) SUPERVISORS ON THE DATE SHOWN AYES: NOES: ABSENT: ABSTAIN: Contact: Patrick Roche,CDD-APD(925)335-1242 ATTESTED)afftL_ l , Y� , 2 J cc: County Counsel JOHN SWEETEN, CLERK OF tHE BOARD OF County Administrator's Office SUPERVISOR AND COUNTY ADMINISTRATOR Clerk of the Board S. Meyers, City of Walnut Creek N. Dyer, Loving 8 Camposgy� �,(,n- , DEPUTY ti November 15, 2005 Board of Supervisors County File: SP#04-0001 Page 2 RECOMMENDATIONS - continued E. FIND that the proposed amendment to the North Gate Specific Plan is consistent with the overall goals and objectives of both the North Gate Specific Plan and the Contra Costa County General Plan, 2005-2020. F. ADOPT the amendment to the North Gate Specific Plan (County File: SP#04-0001), as the second amendment to said Specific Plan,toallow a limited winemaking/winery operation as a conditionally permitted use within the Specific Plan area and establish a size, location, and production threshold requirements for such a use in the Specific Plan area. G. ADOPT Board Resolution No. 2005/717 as the basis for the Board's decision H. DIRECT staff to post a Notice of Determination with County Clerk. FISCAL IMPACT All staff costs for the Specific Plan Amendment are covered by a fee charged to the applicant. BACKGROUND / REASONS FOR RECOMMENDATION The North Gate Specific Plan, adopted in June 1991,was the result of a joint planning effort between I ie County and the City of Walnut Creek to provide additional guidance and detail for the 507 acre North Gate area that is comprised of unincorporated and incorporated lands. The Specific Plan includes goals and policies that are designed to retain and support the semi-rural, recreational, and agricultural uses of the area. Uses in the Specific Plan area are limited to residential, agricultural, equestrian, recreational, and open space. The Specific Plan identifies permitted, conditionally permitted, and prohibited uses within the area, which are more restrictive than that of the County Ordinance Code. Since its adoption in 1991,the Specific Plan has been amended once in May 2000, to allow the operation of a commercial nursery as a conditionally permitted use and to amend the plan's standard for fencing type and height. The Board of Supervisors authorized a Specific Plan Amendment study to consider allowing limited/winemaking operations in the North Gate area under a conditional use permit following a request from Mr. Timothy Jochner. Mr. Jochner had proposed establishing a limited winemaking/winery operation on his property at 3739 Shadowbrook Court. The Board's authorization for a study was followed by a determination from the County Planning Commission upholding the Community Development Director's interpretation that an amendment to the Specific Plan was necessary in order to allow the winemaking/winery use as requested by Mr.Jochner since the Specific Plan did not provide for such a use. On July 12, 2005, the County Planning Commission conducted a public hearing on a staff recommendation to amend the Specific Plan providing for the establishment of a limited winemaking/winery operation in the North Gate area as a conditionally permitted use on a parcel Toned for agricultural use, or on a single family zoned parcel of not less than one acre, if limited to no more than 1,000 cases of wine per year produced on the premises, and retail sales, tasting, or tours are not permitted. See Attachment#4 to this report for a copy of the staff report and recommendation to the County Planning Commission. November 15, 2005 Board of Supervisors County File: SP#04-0001 Page 3 BACKGROUND / REASONS FOR RECOMMENDATION - continued After closing the public hearing, the County Planning Commission adopted Resolution No. 30-2005 recommending adoption of the Specific Plan Amendment as recommended by staff(see Attachment# 2). City of Walnut Creek Planning Commission hearing on August 25, 2005 As established under the North Gate Specific Plan, approval of any requested amendments must be reviewed and approved by both the Walnut Creek City Council and the Board of Supervisors. On August 25, 2005, the Walnut Creek City Planning Commission held a public hearing to consider the proposed amendment. The Walnut Creek City Planning Commission has recommended to the Walnut Creek City Council the approval of an amendment to the North Gate Specific Plan to allow limited winemaking/winery use as a conditionally permitted use. This recommendation is more fully described under Attachment# 3 to this report, Walnut Creek City Planning Commission Resolution No. 3361. Should the Board adopt the Specific Plan Amendment, the Walnut Creek City Council will then take up the matter and consider the recommendation of their City Planning Commission. LIST OF ATTACHMENTS ATTACHMENT#1: DRAFT BOARD RESOLUTION NO. 2005/717 ATTACHMENT#2: COUNTY PLANNING COMMISSION RESOLUTION NO. 30-2005 ATTACHMENT#3: WALNUT CREEK PLANNING COMMISSION RESOLUTION NO. 3361 ATTACHMENT STAFF REPORT AND RECOMMENDATION TO THE COUNTY PLANNING COMMISSION ATTACHMENT#5: CEQA: NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT PROPOSED NEGATIVE DECLARATION AND INITIAL STUDY ATTACHMENT#6: PUBLIC HEARING NOTIFICATION GAAdvance,Planning\adv-planWorth Gate Specific Plaftosp04-0001.0oc ADDENDUM TO ITEM D.6 November 15, 2005 CLOSED the public hearing on the Amendment to the North Gate Specific Plan to allow limited winemaking/winery use as a conditionally permitted use(County File: SP#04-0001) (Supervisorial District III.) Supervisor Piepho said this project exemplifies the Board's actions in encouraging wineries, olive and olive oil manufacturing within the County and to protect,preserve agricultural land as profitable and viable for farmers encouraging use and agricultural commerce in this area. Public Testimony was given by the following: David Bogstad,who spoke in support of the amendment stating that Walnut Creek was known in the past for its Grape Festival. Tim Jochner, the person who would be implementing the benefits of the amendment. Supervisor Piepho made the motion to APPROVE all of Staff's RECOMMENDATIONS and directed staff to post a Notice of Determination with the County Clerk. Supervisor Gioia seconded the motion and it was unanimous,with all members present, THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday, November 15, 2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/717 SUBJECT: In the Matter of the Second Amendment, North Gate Specific Plan Allowing a Limited Winemaking/Winery Operation within Specific Plan Area As a Conditionally Permitted Use County File: SP# 04-0001 The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with this Board and its Clerk a copy of Resolution No.30-2005 adopted by the County Planning Commission which recommends approval of the Second Amendment to the North Gate Specific Plan to allow limited winemaking/winery operation as conditionally permitted use within the Specific Plan area and to establish size, location, and production threshold requirements for such use (County File: SP#04-0001). On Tuesday, November 15, 2005 the Board held a public hearing on said Second Amendment to the North Gate Specific Plan, as discussed in County Planning Commission, Resolution*No. 30-2005. Notice of said hearing was duly given in the manner required by law. The Board at a hearing, called for testimony of all persons interested in this matter. On Tuesday, November 15, 2005., the Board determined that the Negative Declaration and Initial Study prepared for the Second Amendment to the North Gate Specific Plan(County File: SP# 04-0001) are adequate for purposes of compliance with the California Environmental Quality Act prior to approval. On Tuesday, November 15, 2005 the Board APPROVED the Second Amendment to the North Gate Specific Plan(County File: SP#04-0001),and directed text changes to the Specific Plan as described in the attachment labeled as Exhibit "A" to this resolution. Contacto. P.Roche,CDD-APD(925-335-1242) cc: Community Development Department CAO County Counsel City of Walnut Creek GAAd%,wice P1wiWuig\adv-p1an\Nort1x Gate Specific Pl;ui\itgsp2anictid.bores2005-717.doc RESOLUTION NO. 2005/717 EXHIBIT "A" RESOLUTION NO. 2005/717 (County File: SP404-000 1) At page 17,North Gate Specific Plan,under the heading"Conditionally Permitted Use", add a new bullet: • Limited winemaking/winery operations on a parcel zoned for agricultural use, or on a single family residential parcel of not less than 1 acre, if limited to no more than 1,000, cases of wine per year produced on the premises, and retail sales, tasting, and tours are not allowed. RESOLUTION NO. 30-2005 RESOLUTION OF THE COUNTY PLANNING COMMISSION, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, .REGARDING A PROPOSED SPECIFIC PLAN AMENDMENT (COUNTY FILE: SP#04-0001) TO THE NORTH GATE SPECIFIC PLAN ALLOWING LIMITED WINEMAKING/WINERY USE AS A CONDITIONALLY PERMITTED USE, NORTH GATE AREA WHEREAS, the North Gate Specific Plan,which was adopted in June 1991 as the result of a joint planning effort between Contra Costa County and the City of Walnut Creek, is intended to provide additional guidance and detail for the 507 acre North Gate area to retain and support the semi-rural, recreational and agricultural uses of both unincorporated and incorporated lands in the Specific Plan area; and, NW, WHEREAS,, the North Gate Specific Plan limits uses in the North Gate area to residential, agricultural, equestrian, and recreational uses, and specifically identifies permitted,, conditionally permitted, and prohibited uses in the Specific Plan area, which are more restrictive than the County Ordinance Code; and, WHEREAS, on June 22, 2004,, the Board of Supervisors authorized a Specific Plan Amendment study for the North Gate Specific Plan allowing limited winemaking/winery use as a conditionally permitted use in the North Gate area; and, WHEREAS, for the purposes of compliance with the California Environmental Quality Act(CEQA), the Community Development Department on June 6, 2005 issued a Notice of Public Review and Intent to Adopt a Negative Declaration of Environmental Significance and an Initial Study on the proposed Specific Plan Amendment and the proposed Negative Declaration was posted and noticed as required by law;' and, WHEREAS, staff prepared a report and recommendation for the County Planning Commission recommending an amendment to the North Gate Specific Plan to allow limited winemaking/winery use as a conditionally permitted use within the Specific Plan area and establishment of size, location, and production thresholds for such uses, and said report was made available to interested parties; and, WHEREAS,, after notice was lawfully given, the Specific Plan Amendment proposal was scheduled for hearing before the County Planning Commission on July 12, 2005, at which time testimony was taken, the hearing was closed; and, after 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) HAS CONSIDERED THE PROPOSED NEGATIVE DECLARATION AND INITIAL STUDY as adequate for purposes of compliance with the California Environmental Quality Act prior to forwarding a recommendation; and, 2) RECOMMENDS to the Board of Supervisors approval of an amendment to the North Gate Specific Plan (County File: SP#04-0001), as the second amendment to said Specific Plan, allowing limited winemaking/winery operation as a conditionally permitted use, as follows: At page 17, North Gate Specific Plan, under the heading "Conditionally Permitted Use",, add a new bullet: • Limited winemaking/winery operations on a parcel zoned for agricultural use., or on a single family residential parcel of not less than I acre, if limited to no more than 1,000 cases of wine per year produced on the premises, and retail sales, tasting, and tours are not allowed. NOW, THEREFORE BE IT FURTHER RESOLVED,, that the County Planning Commission finds that the proposed Specific Plan Amendment would be consistent with both the North Gate Specific Plan and the Contra Costa County General Plan, 2005-2020, The decision of the County Planning Commission wasgiven on Tuesday, July 12, 2005 by the following vote: AYES: Commissioners L. Battaglia, R. Clark, C. Gaddis, M. Terrell, D. Snyder,H. Wong, and S. Mehlman (Chair) NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Steven Mehlman, Chair of the County Planning Commission, County of Contra Costa, State of California. L Dennis M. Barry, Secretary of the County Planning Commission hereby certify that the foregoing was duly called and approved on July 12, 2005. ATTEST: l A _ Dennis M. Barry, Secretary of t L11 County Planning Commission,, County of Contra Costa, State of California GAAdvance Planning\adv-plan\North Gate Specific-Plan\cpc res no 30-2005.doc jr WALNUT _ CRE E K August 31, 2005 John Oborne Community Development Dept. Contra Costa County 651 Pine Street, North Wing, 4th Floor Martinez,, CA 945531 On August 25, 2005 the Walnut Creek Planning Commission took the following action on the North Gate Specific Plan Amendment No. 2 and 3 ❑ APPROVED D AMENDED WITH CONDITIONS ❑ DENIED If the Planning Commission took final action on your application,Resolution No. 3361 setting forth the findings, action, and ballot of the Commission in regard to this item will be enclosed. For additional information regarding disposition of this application, please refer to the reverse side of this letter. Very truly yours, SANDRA MEYER, Secretary Walnut Creek Planning Commission Enclosure cc: Dennis Barry., Contra Costa County Pat Roche, Contra Costa County Tim Jochner David Boastad Norm Dyer, Loving and Campos Post Office Boy 8039, 1666 North Main Street,Walnut C►-ee1:,CA 94596 lcl 92-5.94-3.5899 wwti�ci.walnut-cree{:.ca.us prin(cd on recycled paper NOTICE TO APPLICANT WALNUT CREEK PLANNING COMMISSION ACTION AND GENERAL INFORMATION REZONING, PREZONING, H-P-D PERMIT, P-D PERMIT If the Planning Commission approved your application for rezoning, prezoning,H-P-D or P-D permits, it will automatically be referred to the City Council who must hold another public hearing before final action is taken. The City Council hearing will be scheduled after final Planning Commission action. The exact date varies, and may be verified by calling the Community Development Department, (925) 943-5834. If the Planning Commission denied your application, all proceedings are terminated unless you appeal to the City Council within'ten days following the transmittal date of this notice. In the event the tenth day is a Saturday, Sunday, or holiday, the appeal period automatically extends to the end of the next working day. An appeal must be filed with the City Clerk. In the event of denial, no new application may be filed within one year. See Section 10-2.4.405- of the Municipal Code for further details. TENTATIVE SUBDIVISION MAPS Action by the Planning Commission is final unless: (1) The subdivider files an appeal within 10 days of the decision, in which case the City Council must hold a hearing; or (2)Any interested person may file a complaint within 10 days of the decision; or(3) The City Council may decide to review a Planning Commission decision within 10 days of receiving the report. USE PERMITS Action by the Planning Commission on use permits is final unless there is an appeal filed with the City Clerk within 10 days of the date of transmittal of this notice. An appeal may be made by any City resident or City landowner affected by the decision. See Section 10-2.4.501 et seq, of the Municipal Code for complete information on appeals. In the absence of an appeal within the specified time, the decision of the Planning Commission is final. WALNUT CREEK PLANNING COMMISSION RESOLUTION NO. 3361 SPECIFIC PLAN AMENDMENT NO. 2 and 3 NORTH GATE SPECIFIC PLAN Section 1. Findings. 1. On August 25, 2005, the Walnut Creek Planning Commission held a public hearing to consider Amendment No. 2 and 3 to the North Gate Specific Plan, pursuant to a request by the Contra Costa.County Community Development Department. 2. The North Gate Specific Plan is a joint planning document which guides future development in the North gate area. Adopted in 1991,the plan includes goals and policies for the area,land use and development regulations,and procedures for reviewing development applications. The major portion of the land area is in the County. Amendments to the Specific Plan are to be approved by both the Walnut Creek City Council and the Contra Costa.County Board of Supervisors. 3. This is the second and third amendment to the Specific Plan since adoption. The request includes 1) To allow"Limited Winemaking/Winery"as a conditionally permitted use whereas the Plan currently prohibits all land uses not specifically listed therein.;and 2)To clarify the 25-foot maximum residential building height requirement as it is stated in the Plan. 4. Approval of this amendment would allow Limited Winemaking/Winery as a conditionally permitted land use and enable person with interest to establish a Limited Winemaking/Winery use to apply for a Conditional Use Permit through the Contra Costa.County Community Development Department. 5. A Negative Declaration of Environmental Significance,prepared by County staff,was posted for this project on June 6, 2005. County staff concluded that the proposed text amendments would not result in any significant effect on the environment. 6. The North Gate Specific Plan allows private greenhouses,gardens and orchards;conditionally permits commercial greenhouses; commercial nurseries, and prohibits Limited Winemaking/Winery. 7. The Contra Costa County Planning Commission held a public hearing on July 12, 2005 and recommended approval of both amendments to the Contra Costa County Board of Supervisors. Per the City of Walnut Creek and Contra Costa.County processing procedures,approval of any requested amendments must be reviewed and approved by the City of Walnut Creek prior to actio*n by the Contra Costa County Board of Supervisors. 8. The Walnut Creek Planning Commission supports amending the land use categories in the specific plan to allow "Limited Winemaking/Winery" as a conditionally permitted use. The Commission finds that Limited Winemaking/Winery uses could be conditioned to operate in a similar manner to be compatible with new and existing residential and agricultural development. 9. The Walnut Creek Planning Commission supports amending the North Gate Specific Plan to clarify the 25-foot maximum residential building height requirement as defined by the City of Walnut Creek Municipal Code. Based on the evidence presented at the hearing on this item,and on investigations made by this Commission and on its behalf, the Walnut Creek Planning Commission hereby resolves that: a. The Negative Declaration has been prepared in compliance with CEQA, State and City Guidelines. „ , It Walnut Creek Planning Commission Page 2 North Gate Specific Plan Amend.No. 2 and 3 August 25,2005 b. The health,safety,welfare,and general prosperity of the residents in the North Gate Specific Plan area will be served by the proposed change in the land use designations from prohibiting "Limited Winemaking/Winery”to conditionally permitting"Limited Winemaking/Winery." With proper conditions of approval, Limited Winemaking/Winery uses could operate in -manner that is compatible with new and existing residential and agricultural development. Section 2. Decision. Based on the findings set forth above,the Walnut Creek Planning Commission hereby recommends to the Walnut Creek City Council that the North Gate Specific Plan be amended as follows: 1. Add"Limited Winemaking/Winery"to the list of Conditionally Permitted Uses. 2. Amend the text of the North Gate Specific Plan,as outlined in the staff report prepared by the Contra Costa County Community Development Department dated July 12, 2005, to clarify the 25-foot maximum residential building height requirement for consistency with the City of Walnut Creek Municipal Code. Section 3. Effective Date.. This resolution shall take effect immediately upon its adoption. Amendment No 2: PASSED AND ADOPTED on August 25, 2005 by the Walnut Creek Planning Commission at a regular meeting thereof upon motion by Commissioner Larsen;seconded by Commissioner Moore. Ayes: Larsen, Moore, Kaplan, Silva Noes: None Absent: Jorgensen, Simmons Abstain: Pickett Amendment No. 3: PASSED AND ADOPTED on August 25, 2005 by the Walnut Creek Planning Commission at a regular meeting thereof upon motion by Commissioner Larsen;seconded by Commissioner Kaplan. Ayes: Larsen, Kaplan,Moore, Silva Noes: None Absent: Jorgensen, Simmons Abstain: Pickett E ER, SECRETARY Walnut Creek Planning Commission HAABC3(Carreon)\NorthGateS pecfflcPIan\NGS PAmendment2n3_Aug2005\N GS PAmend2and3PCResov 1.DOC Agenda Item# Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY, JULY 12, 2005 — 7:00 P.M. I. INTRODUCTION AMENDMENT TO THE NORTHGATE SPECIFIC PLAN - ALLOW LIMITED WINENZAKING/WINERY USE AS A CONDITIONALLY PERMITTED USE fCounty File: SP#04-0001), (Applicant) Loving & Campos, (Owner) Timothy Jochner: This is a proposal to amend the North Gate Specific Plan to allow a limited winemakinp,r/winery operation as a "conditionally permitted use" and establish a size location, and production threshold requirements for a limited winemaking/winery operation. 11- RECOMMENDATION Recommend to the Board of Supervisors the adoption of an amendment to the North Gate Specific Plan allowing a limited winemakinR/winery operation as a conditionally permitted use, as follows: At page 17,North Gate Specific Plan, under the heading "Conditionally Permitted Use", add a new bullet item: • Limited winemaking/winery operation on a parcel zoned for agriculture use, or on a single family zoned parcel of not less than I acre, if limited to no more than 1,000 cases of wine per year produced on the premises and retail sales,i,."tasting,, or tours are not allowed. III. BACKGROUND The proposed amendment to the North Gate Specific Plan originated with a request from Mr. Timothy Jochner to establish a limited winemaking/winery operation on his property located at 3739 Shadowbrook Court in the North Gate area. Mr. Jochner has an approved building permit to construct a 4,000 square foot residence and submitted an application to amend a Development Plan (County File: DP#97- 30U4) to include a proposal to operate a 1.2..00 square foot area winemakincr/winery use to be carried out within the footprint of the residence to be built on a 1 .42 acre parcel (A-PN: 138-'050-045). The County Planning Commission conducted a public hearing on December 71 2004 on an appeal by Mr. Jochner of the Community Development Director's interpretation that an amendment to the Specific Plan is necessary to allow for a winem akin cr/win ery use in the Specific Plan area. The County Planning Commission upheld the Community Development Director's interpretation that an amendment to the Specific Plan was necessary. Subsequent to the County Planning Commission's determination Mr. Jochner's representatives re- submitted an earlier request for a Specific Plan amendment previously authorized for study by the Board of Supervisors. IV. NORTH GATE SPECIFIC PLAN The Board of Supervisors adopted the North Gate Specific Plan on June 21, 1991. A copy of the Specific Plan is provided under Exhibit One to this report. The adoption of the North Gate Specific Plan was the culmination of a joint planning effort between the City of Walnut Creek and the County that provides additional guidance and detail for the 507 acre North Gate area that is comprised of incorporated and unincorporated lands. The Specific Plan includes goals and policies that are designed to retain and support the semi-rural, recreational and equestrian character of the area. Uses in the Specific Plan area are limited to residential, agricultural,, equestrian, recreational, and open space. The Specific Plan identifies permitted, conditionally permitted, and prohibited uses within the area, which are more restrictive that the County Ordinance Code. The discussion Of these uses begins under the heading "Allowable Land Uses within the Specific Plan Area". at page 16 in the plan document. The Specific Plan requires that all building ted area shall be review by the Zoningpermit applications in the unincorporated Administrator for conformance with the Specific Plan (see page 16 within the plan document). The Specific Plan requires that all applications for land use permits are to be submitted to the other jurisdiction's planning staff for review and comment. The Specific Plan holds that interpretation of types of land uses allowed after consultation the other jurisdiction, and similarly, it calls for coordination on Specific Plan or General Plan amendments, which requires the other jurisdiction be given the opportunity to review and provide comments to the legislative body with authority to approve the amendment. Since its adoption in 1991, the North Gate. Specific Plan has been amended once in May 2000, to allow the operation o"f a commercial nursery as a conditionally permitted use and to amend the plan's standard for fencing type and height. The amendment to the Specific Plan in Year 2000 was necessary in order to allow the operation of a commercial nursery that was established at 801 North Gate Road. V. STAFF ANALYSIS Most of the land area in the North Gate Specific Plan area is set aside for single- family residential use under very low densities. The Specific Plan does provide for certain agricultural uses in order to maintain and enhance the semi-rural character of the area. The predominant agricultural use in the area is related to equestrian uses and activities. The Specific Plan identifies land uses, conditionally permitted uses, and prohibited uses at pages 16-17 in the plan document. The language in the plan document in describing permitted uses that are related to acnculture is specifically directed at raising and keeping animals or livestock where such animals or livestock are primarily for use of the residents of the premises upon which they are kept and not for sale or distribution. The Specific Plan includes a list of conditionally permitted uses, including home occupations, commercial greenhouses, second residences, child care centers, horse riding academies, and kennels.. It is noted that the list of conditionally permitted uses in the Specific Plan that are of a commercial nature are narrowly limited by the plan's text to horse riding academies, stables for boarding horses, kennels, and home occupations. Winemaking involves the fermentation of grape juice into wine. The activity of winemakint:)c, and/or operation of a winery is recognized in each of the County's agricultural zoning districts as a use or activity allowed under a conditional (land) use permit (it is also allowed under a conditional use permit in *industrial zoning districts). This is an acknowledgment that it is a production process incidental to the primary activity, growing grapes, and, the activity is often associated with the eventual sale and distribution of the end product,ibottled wine. Since winemaking lbis by its nature a production process, tis not permitted in any of the County's residential zoning districts. If the intent of the North Gate Specific Plan is to reinforce the rural-residential character of the area, a small-scale winemaking or winery operation under certain parameters and appropriate conditions could be consistent with this goal. The following North Gate Specific Plan policies should be used as guidance on this matter: Land Use Policy# 3 (at-page 4) —Ensure that the new development is compatible with existing residential, agricultural, and recreational uses through sensitive design, the use of adequate buffers and 'innovative site planning techniques. Community Design Policy#6*1"at page 7)—Require buffers, such as landscaping or increased setbacks, between residential, equestrian, or agricultural uses to minimize potential conflicts between these uses. The Specific Plan could be amended to allow limited winemaking ora micro- winery under a conditional (land) use permit on an agriculturally zoned parcel, or on a single family residential zoned parcel of not less than I acre (very low density), if the operation is limited to no more than 1,000 cases of wine per year produced on the premises and retail sales, tasting., or tours are not allowed. Setting a production threshold of 1,000 cases per year would allow the operation of a micro-winery by a hobbyist or "garagistes". The term garagistes refers to micro- producers, who operate on a bare-bones minimal approach, essentially out of a garage, and their marketing and sales of their limited-run wine product usually takes the form of a basic Web site, a mailing list, local restaurants,, and possibly a few small distributors (see under Exhibit 2 a newspaper article take from the 11/4/2004 3 San Francisco Chronicle that describes micro sized wineries, and the "garagistes" movement). To place this recommended 1,000 case production threshold for a micro-winery in perspective, a small winery would typically produce between 5,000 to12,000 cases of wine per year. As noted in the 11/4/2004 San Francisco Chronicle article, the typical micro-winery producing about 1,000 cases of wine per year can be operated out of the equivalent of a 2-3 car garage, or between 800-1000 square feet of enclosed space to house fermentation tanks or bins, barrels, and equipment storage. The most intense level of activity for winemaking under micro-winery conditions would typically occur during the annual grape crush, and to put this in perspective, a micro-winery producing 1,000 cases (12 bottles to a case) of wine per year would crush about 20 tons of grapes over 3-4 day period that usually occurs in one of the harvest months of August or September. 1 The bottling and casing of wine in a micro-winery is typically done manually or with the aide of small, mobile equipment. These activities (e.g. grape crush, bottling, etc.) are of temporary naturethat may generate some noise and emit smells,, but under permit conditions could be appropriately limited to certain hours of the day so as not be too disruptive to any neighboring residences. On a parcel zoned within an agricultural district the establishment of a esi micro-winery based on the limitations described above would not be in conflict with adjoining agricultural properties. Through sensitive design, adequate buffers or setbacks, and innovative site planning techniques it would be reasonable to expect that a micro-winery with the 1,000 case size limit on agricultural zoned parcel, or even a 1-acre single family 'residential zoned lot, with appropriate permit conditions could harmonize with the existing surroundings. Establishing a minimum one-acre parcel size threshold for a single family residential zoned lot should provide sufficient area for buffering and setback requirements for the limited winemaking, operation. It would also be reasonable to conclude that allowing a limited winemaking/winery operation as a conditionally permitted use would be consistent with and not conflict with the overall goal of retaining the semi-rural character of North Gate, as it would enable and expand the range of agricultural-related uses within the area. VI. CEQA CONSIDERATIONS For the purposes of compliance with the California Environmental Quality Act (CEQA), an initial study/checklist was prepared and a negative declaration was posted on June 6, 2005 for public comment period that ended on June 26, 2005. No comments were received during the public comment period. Attachment Exhibit One: North Gate Specific Plan Exhibit Two: Newsclipping-"Two-Tank Garages,micro-sized,Owner-operated Wineries Punch More Than Their Weight With Critics and Fans",from the San Francisco Chronicle, 11/4/2004 by Stephen Y afa Source: vivr%x1.vm' eyards1rnp1e-CoM 4 Exhibit One: North Gate Specific Plan Exhibit North Gate Specific Plan Adopted by the Board of Supervisors June 2x, 1991 e •ru•.�.,hh�►w►'�i•riMr•{}•it.f�`i'tr' ••'r `•�•"`•r;r r Yr«rr'•Ti 1•'d�►i'� Sir ''rr'•'i•ri• ••• r,{,d,rihl S`rs'�r{Y!w•�'�ttii r s9S.S •i�•1•• ♦• �i,�1�i�". i d 1 1Vrtfi''{•'r••• •�dr • • •r r'd.•S 1 dr r• r rS'ddrhi •i i.fi•'•s brt •••�•'{��'I'•r••'••�ii'•'`;••.•,Zw r• i'{•i a,�i��,�,��w •r a•i • •����Aj•1� h1�`''r�"r yr�'dr•�'•�•�•}fr�••�1•. w •• �� t ,i1• i • ••�••{i ri�i'ri�rrr•••irr•%'�� r,•i1,•r'� •ii•i i� , �i••'1,i•• •! riffs•SET ' 11i••!•If 'i r�•r�i.•'''«•{ii r• i' rS •i h ri h r� • h• a h,• ••h°i'••• ►•��•'hl:hir r.rr••'• .,� Sai •sr •,.i. • •i••M/•• •t1 a '1•ii • tr•�� r. ••r r!•«,i,i{ ♦ir�r•w'•`i,,•A •'till•,•i•1'�• ''ahi'••i +,•1 i y •4'4Y �!•i i • rits;i•• i�,if•114rrr•!r„S"�M f •`• • • •• • t• f{•fir•:w',►,h • ,ra iw i•,•h;•i; 4i • .R;i•• a;a;a'Yddi••• �44 •Y����+ i • riti a��• �•1siT•r,"4-'�R•• •;!• �}moi ••• r hi�ia :•.•.•a;.Y• �r•}.�i,•••,i►• i t�'y, • ••• i ••.• t•• ..ri •tir d• �i,�it :• 11 w••t•~ �•�, �.t;• "1' � 'GA•i• 1i • • • rr 'r••rri S• �h•• •i• i,• ••lir!•,i;•,�, • • .•�'�idi'*• • •1• •� R� ;•;.*�S;•;1•��'••'•�'•r!••y��r r r•���• kra•i•�i'�i'►R r*•••*•r•.i.°►{ ri.4 ,�h•ih'• • ,i • • r. :s ..`d.•..4 r'di•rM•'r•rh't►!►`rs"•i••1••• •!�t•�••t!syira►••r/•r{•r�.• ;•-.'r•S•• ••ii ••• 4hi '• .'•h'a•r'•'.•a9'.•r••••�'y`sh41 •it�l •ih•"•+�i i4••• r R•rY • i h •I •.,.•t r,.••irri• • rw•• • h r• • •• a� • r •b•s.r••w• • '• • • • • s, •. 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CONDITIONALLY PERMITTED LAND USES, Page 17, North Gate Specific Plan Add "Small-Scale Commercial Nurseries " to the bulleted list of permitted uses in the North Gate Specific Plan area with approval of the County Zoning Administrator subject to certain conditions. 2. PROHIBITED USES, Page 17, North Gate Specific Plan Delete "Commercial Nurseries" from the bulleted list of prohibited uses in the North Gate Specific Plan Area. TABLE O F CONTENTS 1. INTRODUCTION Location and Description of the Specific Plan Area1 Purpose of Specific Plan for the North Gate Area 3 lie GOALS & POLICIES FOR THE NORTH GATE AREA Land Use a so * see a a so * * * 4 RecreationW . . . . assesses & 0 a a 0 a a 0 a 0 a a a to 0 0 0 0 0 0 0 a a 0 40 a a a 0 5 Open Space and Conservation . . •-• . . • . ! il . i • • . . lii . . . • . . a a a a 0 5 Community Design 0 a a a a 0 W a a a to 0 • 0 a a IN a a 0 0 W AD 0 a 0 0 6 Scenic Views and Road Design 0 & 0 0 0 & a, 0 a a 41 • a a 0 a 0 a 0 & a 0 7 Public Services and Facilities 41 0 0 0 0 8 Ill. LAND USE REGULATIONS La•i d 1/fir/e 0 * 00046 60690 Soo * & * & so 60600860 9 Land Use Categories • • . . . • • • . i • ss • • • • ! • • • s • • • / . i . • • • • a 14 Zoning & 0 W 0 a & a 0 0 9 0 • 0 a 00 a 0 a a 0 0 a a 0 a a, a 0 a a a a .a 0 aa 0 W 0 a a 0 1 5 Allowable Land Uses a a a a Q, a 0 9 0 0 0 a a IV 0 0 0 a a 41 a 0 0 * 0 a a 0 0 0 a a a & • 18 Development Regulations . . . 0 0 0 0 a a 0 0 0 0 a & 0 a a & 0 a 0 a a 0 0 a 0 0 a 0 a W is Traffic and Circulation . . i . . • • • i . . . . . • • . . • . . . . . • . • • . • . a & a 23 Recreational Trails 0 a 0 0 0 a 0 a 1, 0 0 0 W 0 a 0 a 0 a & & a 41 a, 0 a 0 0 a a- a & a 0 23 Property Owned by the County . . . . . . . . o 0 & 0 0 & 0 0 0 W • 0 0 a 0 0 0 0 0 W a 27 Historic Preservation 0 0 W a 0 0 a 0 a a a 0 0 Is 0 a & a 0 0 a 0 0 a a 0 0 & a 0 W W a 0 0 28 IV. PLAN IMPLEMENTATION Nonconforming Land Uses . • . i . . me * 0 * 0 9 0 0 0 W boo 0 000 IN 0 a a 29 Exceptions to Requirements . . 0 0 0 * 0 0 0 go 0 a 9 a to 0 10 0 0 0 0 * * 0 0 40 0 0 * 0 30 Joint Review of Development Applications 00000 save * & * W & * % & ft 0 6 31 General and Specific Plan Amendments ! . . . • . 31 Affects of Proposed Projects 4. & $1 0 0 0. • a 0 a s & 0 a • 0 0 a 0 0 0 0 • a, Equestrian Staging Area 0 9 a a & 06060410 * 969 so bwas ft 0 0 31 'Mutual Jurisdictional Adoption of Pertinent Ordinances . . . . . . . . . . . . . 32 Conformity with Measure C . . . . . . . . . . . . 32 Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 LIST aF FIGURES Figure1 Vic,/init1Map a . • • a . . . • . . . a • • . . a . . • . • w • . • . • • . • r • • . . r s . • 2 Figure 2 Environmentally Sensitive Areas a 0 a 0 0 0 a a a a a a 0 a a 0 a S a a 0 0 a a 0 so a 0 11 Figure 3 Land lyse Alternative 2 so a as & see 800, 611006 00698800 seem * * a a so 12 Figure4 Front Yard Fencing Detail 0 ago see 006boss it soon Does asses a a sea 20 Figure 5 Natural Watercourses in North Gate . S . . . . . assesses asses 0 0 10 so 21 Figure6 North Gate Road Improvements 0408011 * 6 * 00 boafteseb 24 Figure 7 Castle Rock Road Improvements. a 0* 04000041 alp 00 * 0 a 9 9 In 0 2% Figure 8 Planned Recreation Facilities and Trails . . . w . . . . . . . . . . . . . a M1 26 North Gate Specific Plan Contra Costa County Board of Supervisors June 2.5, 1991 1. INTRODUCTION Location and Description of the Specific Plan Area The North Gate area consists of approximately 507 acres and lies within the jurisdictions of the City of Walnut Creek and Contra Costa County. The North Gate area is accessed from Ygnacio Valley Road, which is a major arterial extending from Interstate 680. Figure 1 is a vicinity map C� of the North Gate Specific Plan area and some of the surrounding open-space and agricultural lands. The Specific Plan area extends from the intersection of North Gate Road and Castle Rock Road south to the public park lands and then east to the City of Walnut Creek's sphere of influence boundary. The City of Walnut Creek lies west of the Specific Plan area. The, Specific Plan area is one which is semi-rural in character and includes low density development, public park lands and commercial and private equestrian facilities. Other land uses include open grazing areas, kennels and animal grooming uses, public lands currently utilized for flood control purposes and vacant land on sloped hillsides. The northwest portion of the Specific Plan area, which is within the City's boundaries, is developed with singlefamily-residential homes on 12,000 and 20,000 square foot lots. The land in the County includes an 88-unit clustered planned residential development, with provisions for the boarding of 44 horses on-site. Other homes M' the County include ranch-style homes, typically one story in height, many without formal landscaped yards and newer, suburban-style residences which feature,large structures on one acre lots with landscaped yards. These newer homes may also feature pools, paved recreation areas such as tennis and basketball courts and heights up to two stories 35 feet, Mount Diablo State Park, Diablo Foothills Regional Park, and the Lime Ridge and Shell Ridge Open Space areas comprise some of the land uses surrounding the-North Gate area. These parks and open space areas are in close proximity to North Gate and contribute to the physical setting of the area. Approximately 2,000 acres located directly east of the Specific Plan area are designated for agricultural and open space uses and are currently under Williamson Act contract. Although the Specific Plan does not include this agricultural area it is the County's and City's intent that these lands continue as agricultural', open space or park uses. W �- ' •'•••1••••••••••••.•..-••. cc •••••••••••••••••••••••••••••••• . ' .0000000960 0,00909 • :;',::::•��•••:••••••:'•••••'�:• %48rr .................••• • i• •••••r.•• : :i::is:•V• • •000 ••••••••••••••• iw •••• • •.•••••••••••••••• • • ••• •••••••• • •••• •• .•••• • • ' 0 0 o a 0 a • r ..•••. • ••..•••••••••••...•••• •'•i :•..r .••••. •..•.•••••••..•.••0.••t• .•••• i ••.••••••-..••..•.••. • • • •� .60 .•.••• •• .•••.••oea••....•••••• • • 1106.. • ••••••••.•••••••••••••• ••••:: V ••••••••••••_••••r.••lee. •••••••••• •••• ULL CI) •••• • ••-•.••,••••••••••••• ..., LTJ U cu 1 .0. L) z LLI Soo ............ xx T. 800 dor L 0 moo, .. . .. .... . ........ :... ... :::` . ...... •::•••••• ::•• •-•::•:• •• -::•:•:•::•::• : ': • ••'::-• ••:. •• ••.-•••• ••:••••• 1 . •• •• • • ••••• •••••••• • O.S. • ••..••.•••••••.••.. ' ..• •' ................................:.... Grove :. ...... .......:............... ....... .... ....-. ............................................. OPP .................. .. ... ......... ..•. ...::.....•• .:•...w•......:.•.:•,. ..•. ... .... . . ........... ..... ... ..... . ..... . . ........... ..-.. .. . .. ...........:.• ...or .. ., .• . . ......• •.•: •.. .. ._ ....•::....... .. .. . ............ Vp ... ... .......... . • i. ....:...:.. :.. .... 1011, Sam ip • r ar swe •��� f ow-I / ft-Wft-\ -1 L _ 1 r 1 . 1 � • 2 North Gate Specific Plan- Contra Costa Count),Board of Supervisors June 25,, 1991 Purpose or Specific Plan for the North Gate Area jurisdiction California state law authorizes a to adopt specific plans regarding any area covered by the jurisdiction's general plan to provide additional detail to the implementation of the general plan itself. Because a jurisdiction is authorized to adopt a general plan for any land outside of in its boundaries which bears some relation to its planning--;, it is also authorized to participate the preparation of a specific plan regarding any of the areas covered by the general plan. It is for this reason that the City and the County are preparing and adopting a Specific Plan for the, North Gate area., The Specific Plan is the result of a joint planning effort between the City of Walnut Creek and contra Costa County. The basis for preparing *this plan stems from a Memorandum of Understanding (MOS between these two jurisdictions. In the MOU, the City and County agreed to prepare a Specific Plan which has led to the creation of new policies and regulations for the preservation and future development of the North Gate area. The North Gate Specific Plan will provide additional guidance and detail on the-protection of the North Gate area. North Gate is presently a- transition area between the agricultural preserve/open space land and very- low density single family development and, therefore, 1,-- constitutes a semi-rural character. Because the North Gate area is located between the edge of suburbanized development and regional open spaces, and because modern water and sewer services are now available to the North Gate property owners, city and county officials, the general public and local property owners are concerned about how future development will proceed in the area. The preparation, adoption and implementation of this Specific Plan will help guide-this future development, 3 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 11, GOALS & POLICIES FOR THE NORTH GATE AREA Both the City of Walnut Creek and the County General Plans contain numerous goals and policies which apply to development projects throughout their respective jurisdictions. The application of these policies will continue to apply to the Specific Plan area. The following goals and policies provide added detail for the Specific Plan area. Land Use Goal: Maintain and enhance the-existing semi-rural character of the North Gate Specific Plart area as a rransitionfr'om the suburban residential development to the north and west, to the agricultural and open space lands to the south and east. Policies: 1. Restrict new projects to -residential, equestrian and recreational facilities as the appropriate and primary use of the property. 20 Protect supplemental agricultural related uses from the encroachment of non- agricultural activities or development by use of land use regulations and permit procedures. 3. Ensure that the new development is compatible with existing residential, agricultural and recreational uses through sensitive design, the use of adequate -- buffers and innovative site planning techniques. 4. Protect equestrian uses and facilities from the encroachment of non-equestrian activities or development, where feasible. 5. Protect environmentally sensitive lands. 6. Limit densities on hillside proper-ties with slopes between 15 and 26%. 7. Re-quire larger minimum lot sizes on land that directly abuts public open space or agricultural preserve areas. tn 8. Prohibit development within any required creek or seismic set back: areas. 4 North Gate Specific Plan Contra Costa Counq Board of Supervisors June 25,, 1991 9, Allow only small, non-commercial, agriculturally-related structures on slopes 26% or greater subject to the provisions found in the section on Development Regulations - side Properties. 10. Maintain the feeling of "openn in the area by encouragring largedevelopment,lot or the dedication of public or private open space through the planned development process. Recreation Goal: Pro-vide a range of recreational opportunities to serve area residents. Policies: 1. Provide for the development of a new multi-use staging area for recreational trail users and possibly an equestrian center on the County surplus property adjacent to the laosk at the entrance to Mount Diablo-State Park. 2. Provide an equestrian trail connection from the new staging area to the existing 1=1 t:) East Bay Regional Park District trail system through the Pint Creek Detention Basin. - 1 3. Develop new trails along North Gate, Road for -equestrians, pedestrians and cyclists. 4. Encourage, to the extent feasible, continued operation of the equestrian facilities, riding academies, horse stables, and private ownership of horses in the area. 5. Maintain the Pine Creek Detention Basin as a passive recreation area, Open Space and Conservation Goal: Encourage the acquisition of additional public open space within the Specific Plar Area, Policies: 1. Work towards the preservation of the County's surplus property as public open space while limiting recreational activities such as a multi-use staging area for C� recreation trail users and possibly an equestrian center. 2. Support the City of Walnut Creek in its efforts to purchase additional op4E,1.n space near the entrance to the. Shell Ridge Open Space Recreation Area. North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 3, Consider appropriate conditions of approval for P-1, Planned Development subdivision proposals which could require that some land within the project site be. dedicated for public open space, particularly if the project site is located adjacent to existing public open space land. r.> Goal.• Protect naturalfeatures such as heritage quality trees, creeks, knolls, ridgelines and rock outcroppings. Policies: 1. Preserve to the extent feasible, creeks and riparian vegetation in the. area. Enhance creeks and riparian corridors by revegetatincytn creeks with native riparian vegetation from local seed stock. 2. Ensure that any new parcel created along a creek or a stream is large enough to accommodate an adequate buildable area on the portion of the lot remaining beyond the creek setback boundary, 3. Preserve healthy trees and maintain significant tree masses consistent with the requirements of the Walnut Creek Tree Preservation Ordinance. Goal: Protect public open space and agricultural preserve land from the encroachment of residential uses and facilities. Policies* 1. Require larger residential lots and increased rear or side yard setbacks on properties that abut public open space or agricultural preserve areas. 29Discourage public or private improvements within the North Gate area which could induce growth on open space lands located outside the Specific Plan area. Community Design Goal: Preserve the semi-rural character o the Specific Plan area. !f Policies: 1 Adopt design standards to regulate new residential development to ensure compatibility with existing homes in the area. 6 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 2, Require landscaping plans for all new residential development. Encourage the use of drought-resistant plant material and discourage large areas of'lawn which require frequent watering. 3. Encourage the grouping of structures on the flatter portions of a parcel, 4. Require that the homes in new residential development along North Gate. and Castle Rock Roads face the roads. 5. Adopt standards for fencing to ensure that no solid board fences or walls are placed in front yards, or obstruct views at higher elevations. 6. Require buffers, such as landscaping or increased setbacks, between residential, equestrian or agricultural uses to minimize potential conflicts between these uses, except as noted in Section IV. 7. Require that proposals for new development and addition' s to existing structures t:� be reviewed by a member of the County staff and a member of the City staff to assure consistency with the Specific Plan. Goal: Preserve the historic and aesthetic resources located in the Specific Plan area. Policies: 1. Protect the James T. Walker house which has been identified in the Walnut Creek General Plan as having historic significance. 2. Protect and maintain the North Gate Road Improvement Association Reservoir located along.the eastern boundary of the Specific Plan area as a visual amenity. Scenic Views and Road Design 0 Yews -Goal, of ridgelines and Mt. Diablo from scenic routes shall be conserved, enhanced and protected, by regulating development along both Castle Rock Road and North Gate Road in a manner which maintains their semi-rural qualities. Policies: 1. Provide a landscaping easement within the public right-of-way along North Gate Road. 7 North Gate Specific Plan Contra Costa County Board of Supervisors June 25., 1991 2. Prohibit the installation of any solid board fences along North Gate and Castle CO Rock Roads. Require open rail fencing within the front yard setback on all properties fronting these roadways. 3, Require larger front yard setbacks for new structures along North Gate and Castle Rock Roads to minimize obstructing views and to reduce impacts of traffic noise. 4. Require that all homes fronting North Gate and Castle Rock Roads be single story, no higher than 20 feet. 5. Acknowledge that the existing trees along Castle 'Rock Road significantly contribute to the visual quality of that road and that all efforts shall be made to preserve them. Public Services and Facilities Goal: To ensure an adequate level of public service to the area. Policies: 1. Require all new residential development to be connected to public sewers and the public water supply. 2. Prohibit concrete sidewalks, and limit street lighting and the use of curbs and gutters to the minimum necessary for public safety. 3. Improve North Gate Road to a 60 foot wide right-of-way and Castle Rock Road to a minimum 40 foot wide right-of-way. 4. Protect the North Gate Improvement Association Reservoir as an important private water source. 8 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 III. LAND USE REGULATIONS Land Use North Gate should remain an area which is primarily semi-rural, and which supports residential, equestrian and recreational activities. Larger lots should be encouraged to,preserve the. natural features and to allow residential and equestrian uses to exist in the same general area. New development should be compatible with the existing environment, in terms of form, scale and architecturew. New homes should be one or two stories, no than 25 feet. i he structures should be sited carefully, so as not to encroach on existing non-residential or open space activities Development on slopes greater than 15% should be limited to minimize the visual impact of new 'A' construction. Development is permitted on slopes greater than 15%, but less than 26 Lots may be no smaller than 65,000 square feet. Development can be transferred from these slopes to a flatter portion of the site. To encourage this "transfer of development," density for the sloped areas can be calculated at one dwelling unit/40,000 net square feet. Structures that are grouped on the flatter portions of the site must be on lots no smaller than 30,000 net square feet. Residential and commercial development on slopes 26% or greater, is prohibited. However, small, non-commercial agricultural-related structures are permitted subject to the findings in the ) t� section on Development Regulations - Hillside Properties. Soil stability and the potential for erosion and landslides is a major concern. These lands are in the most visible locations of the project area and any development would interfere with views of Mount Diablo, adjoining regional parks and open space areas. The density that could have been achieved on these higher slopes is transferable to other portions of the lot at a density of 0.1 dwelling unit per acre. Development rights must be deed restricted to the County or City as a condition of approval for any development proposals on slopes 26% or greater. To minimize impacts between development and agricultural preserve or open space land, lots directly abutting these properties should be larger than minimum permitted in the Specific Plan. For planned developments, buffered areas should be provided. This will allow larger rear yard or side yard setbacks to provide a greater distance between structures and the open space proper-ties. Larger lots should also be, created where there are streams or creeks on the, propert}. Th..". calculation of net lot area may include the land within the creek setback. However, the minimum area for home and accessory building areas shall be 30,000 square feet. 9 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 Large lots may also be required when a geologic report indicates the presence of an earthquake fault and specifies a distance requirement for the seismic zone. The land in the seismic zone can be calculated in net lot area, but no habitable structures can be constructed in this area. Environmentally sensitive areas, creeks, streams, seismic zones and slopes greater than 15%, are identified in Figure 2. Permitted land uses should encourage the continuance of equestrian and agricultural activities, for as long as the property owners desire, and should protect the surrounding open space and agricultural preserve land. Equestrian uses should remain under an agricultural zoning designation, A-2, General Agriculture, which requires a minimum lot size of live acres. Equestrian uses and facilities could be designated in a P-1, Planned. Development, provided that no more than 2 horses are kept for every 40,000 square feet of lot area. No exceptions should be made to allow larger scale equestrian facilities, or more horses than are permitted in R-40, Single Family Residential zones. This plan adopts some standards from the City of Walnut Creek. All new construction will have to comply with the City's 25 foot height Limit, and any requests to remove trees will be subject to the provisions of the City's Tree Preservation Ordinance. New development and additions �� to existing structures will be reviewed by a member of the County staff and a member of the County staff to assure consistency with the Specific Plan. 10 NORTH GATE SPECIFIC-PLAN-FIGURE 2 , EnvironmentallySensitive Areas in North Gate j f ..""�..,,....y our i A • • I T y iii':�•:•'•i•• "i iii•'ii:i•� :•i•�•:•i'r•i•�sii:i.:: w � llwr••iiia•r!•!'l . ii r! ••r!lff rr,l .•i♦•r!l iii i a.i•i wr a:!iiia iii• � •i w•rill► •a•�•i•r iii• f•rf•f!!!!.f iii ii llw•f•1 rf i•w•i�ii .•ww.fi••!• •i4!•ilii • 'i!•!s i liiii►r i •iwlwi••f• Unnamed !•sir�flfr•!. CD •!• �iii•:•i w� 0-5 i iij�'�!• 1'.•1 i• o ib,ice► be Subic •'= : "'� concord Fault •••ifi, 0 CD .ii.:i•L ':•f:sir•r =•'•`•'�� Private S'jii'•i� Z ! .'i••••'•r sir ....,. Reservoir ♦fir•:ifi Detentio Basi ' • rw •' �i�i i Unnamed •i e i r/.j�/� •i�.�i i • lus Lancs =. JT Walker I louse ccc a ker Canyon .w:i• +/ r k w:i f i,y n Pine Creek oyo Fauff Line Mapped ...iii- . i:. Ce through Geologic Report r �. Fault Line Mapped Unnamed through Inference Aiquist/Prbio Special Studies Zone ...::`:1•.�:::;: •• Areas between '.•'••,Rii• iii•• 15% .i •#.i...i,l.i• 251 a,Slope •it�R:R•♦i..iii .... be Unnamed iai.Y.ili red � •••••R i. .i.ri. Areas which Exceed Pine Creek 256110 Slope Loca t wi n of Zones are Approz r matt NORTH GATE SPECIFIC PLAN—FIGURE 3 Deveiapment Atemative Ht pli; .•. err..•.. � •���.. r��-•,�r••!�i'�'fit`,n,, ,�7.vi!'�' •.► � �• � �..,s� �'�j��!1�� %.fit!!�'�,t:i ;��• ;' au."m Iwo* ' •� wit �• .� -.N. _ins •' t rr ti � x ♦�� 1��.. LI TW77 � •' x x xi� Vol " - ' urge 41 rz V4 Ko!� --- �'�► M i a ''rIt • �. x+ •• 4b 0 r� •sir r ^r' -CLo s Sr •' s • f i • s s • a �,r • • o=c'eq m n.) . .s. f North Gate SPe*Cfiic Plan Contra Carta County Board of Supervisors June 25, 1991 Proposed Land Uses North Gate Specific Plan Acres Single Family Residential 73 Medium Density (3-4.9 du/net ac) Single Family Residential 26 Low Density (1-2.9 du/net ac) Single Family Residential 293 Very Low Density (0-0.9 du/net ac) Single Family Residential 22 Very Low Density-lIffidde (0-0.67 du/net ac) Hillside Open Space 27 (0.1 dufnet ac) Agricultural Lands 6 Public Open Space 60 TOTAL ACRES 547 13 North Gate Speck Plan Contra Costa County Board of Supervisors June 25, 1991 Land Use Categories Figure 3 shows the land uses *in the Specific Plan area. A description of these categories is listed below. Single Family Residential, Medium -This designation is assigned to the land in the northwestern comer of the Specific Plan area. Located within the City of Walnut Creek, most of this area has been developed with single-family suburban-type homes with few vacant lots remaining for infill housing. The County's clustered -residential/equestrian project was developed under this designation. The minimum lot size within this area is 12,000 square feet. Single Family Residential, Low - This designation 'is assigned to the rest of the land in the northwesternrn comer of the Specific Plan area within the City's jurisdiction. This area has also been developed with single family suburban-type homes with view vacant lots remaining for infill housing. The minimum lot size in this section is 20,000 square feet. Single Family Residential, Very Low - This land use designation is assigned to hoseproperies in the Specific Plan area under private ownership with slopes less than 15 The minimum lot size is 40,000 square feet except with a planned development in which case the minimum lot size can be reduced to 30,000 square feet. Single Family Residential, Very Low-Hillside -.Assigned to land with slopes greater than 15%. Minimum lot size for new development is 65,000 square feet. Hillside Open Space - Assigned to land with slopes 26% or greater. Development is permitted on these properties at a density of one dwelling unit per ten acres. Density the equivalent of 0.1 dwelling unit per acre can be transferred to other portions of the project site in a Planned Development. Agricultural Lands - This property 'adjacent to the Diablo Foothills Regional Park is designated "Agricultural Lands" on the County's General Plan. The City of Walnut Creek is currently negotiating the purchase of this property for public open space. Public Open Space - This designation has been assigned to the Pine Creek Detention Basin, the. City's park land along Trails End Drive, and the City's recent acquisitions to Shell Ridge Open Space at the south end of the Specific Plan area off Castle Rock Road. While the detention basin will function primarily as a flood control facility, it will also. be used as a park for passive, recreational activities. 14 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 Zoning Unincorporated property can be rezoned and subdivided consistent with the Specific Plan land use category at a density within the designated land use range. The ultimate density of the site 0 will be determined after natural features such as slopes, creeks, earthquake faults, significant %NW trees, and other factors are considered in the site plan. Single-family residential zoning designations consistent with the Specific Plan are R-40 (407000 square feet), R-65 (65,000 square feet), R-100 (100,000 square feet) and P-1 , Planned Development. A-2 General Agriculture, the current zoning for most of the properties, is recommended for those parcels whose owners wish to maintain long-term equestrian and agricultural uses. The five acre minimum lot.size under this zoning standard allows more space for these activities. P-1, Planned Development, would provide the greatest flexibility for property owners in the area with large parcels. This zoning designation is recommended for those property owners who wish to transfer densities or development from steeper sloped areas, or other environmentally sensitive lands. Minimum lot sizes would be 30,000 square feet. This will permit the property owners flexibility with design and siting of structures, and will allow the County or the City to set specific development standards and use regulations for the development. Property owners with properties not constrained by environmentally sensitive features who wish to develop under the P-1, Planned Development, zoning designation may do so under certain conditions. In exchange for consideration of lots as small as 30,000 square feet, developers would have to provide other amenities such as open space, common areas for equestrian facilities, or other recreational facilities, or common areas for gardens, for example. Owners of six or more acres, presently zoned A-2 (General Agriculture) can apply for R-40 zonina on one or more acres while still retaining the A-2 (General Agriculture) zonincr on the remaining tno parcel provided it is at least five acres.. Alternatively, the entire site can be zoned to a P-1 (Planned Unit Development) zoning designation. Although minimum lot sizes under the P-1 Planned Development, zoning designation could be as small as 30,000 square feet, overall density on the parcel would not exceed the. maximum permitted under the Specific Plan land use category. Property in the City of Walnut Creek shall be processed under the requirements of the, single family residential zoning a designation currently assigned to the parcel. Use permit applications for property in the City or County should be required to comply with the uses specified in this Plan. Additionally, all development applications in the unincorporated- 15 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 areas shall receive the review and approval of the Zoning Administrator, for conformance with the Specific Plan, prior to the issuance of building permits. Allowable Land Uses within the SpeciFc Plan Area Land uses within the Specific Plan area will be limited to residential, agricultural, equestrian, recreational, and open space uses. Any interpretation of these land uses will be made by either the City or County Panning Commission, depending on the location of the project, after consultation with both jurisdictions. City of Walnut Creek Land Uses within the City of Walnut Creek's boundaries, existing at the time of adoption of this Specific Plan, shall allow only those permitted in the R-12 and R-20 Single-Family Residential zoning districts. Should the City annex any of the County land within the Specific Plan boundaries, land uses on those properties shall comply with the provisions of this Specific Plan. Contra Costa County NI Land uses in Contra Costa County, the unincorporated part of the Specific Plan area, shall be restricted to the uses allowed in R-40, R-655 R-100) P-1 or A-2, except where those uses conflict with the provisions stated below. Permitted Land Uses The land uses which are permitted as a matter of right are: • Single family dwellings, accessory structures, and auxiliary uses. • Large family day care homes,, • Public operated parks and recreation facilities. • Private greenhouses, gardens and orchards. • The raising of poultry, rabbits, and other animals where.- such animals are, primarily for the use of residents of the premises upon which such animals 16 North Gare Specific Plan Contra Costa County Board of Supervisors June 25, 1991 are kept and not for resale or distribution. • The keeping of livestock, per the underlying zoning designation. • Publicly owned buildings and structures. Conditionally Permitted Uses The following uses are permitted with approval of the County Zoning, Administrator subject to certain conditions: • Home Occupations. Commercial Greenhouses, • Second Family Dwelling Units. • Child Care Centers. • Horse riding academies horse riding instruction and commercial stables. • Kennels. Prohibited Uses . - While the following uses may be conditionally permitted in the County's single-family residential or agricultural zoning districts, they are not considered appropriate uses 'in L-ot the Specific Plan area. • Second Family Units greater than 1000 square feet in size. • Medical and dental offices. • Churches and religious institutions. • Private schools. • Commercial nurseries. • Commercial radio-television receiving and transmitting facilities. 17 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 • Hospitals, eleemosynary and philanthropic institutions and convalescent homes. Development Regulations Home Designs: New home designs shall blend in with the semi-rural character of the area. Buildings C� on hillsides should complement the topography of the site. Exterior building materials of wood, wood Brightshinales, and brick are preferred and exterior colors should be in earth tone colors. colors should 0 be avoided. Non-Residential Structures: Agricultural and equestrian structures must comply with the development standards of the A-2. General Agriculture, caning district. Placement of Structures: In an effort to enhance the visual character of the area, all new homes built adjacent to North Gate and Castle Rock Roads must face these roadways. Homes shall be single story, no higher -of—way, where than 20 feet, with required front setbacks of 40 feet from the edge of right possible. Minimum lot sizes for these homes shall be 40,000 square feet. Hillside Properties: No structures are permitted on slopes 26% or greater. However, small aerriclutural- tn related structures may be built on lands with slopes greater than 26% by filing a Request for Exception from the requirements established by this plan. The County Community Development Director may f., approve the Request if the following findings can be made. 1) Any new structure shall be non-commercial in nature. 2) Structures shall not be more than 10 feet in height. 3) Any development application shall avoid significant grading and conform with the existing topography of the site. 4) Landscaping.may be required to soften the visual impact of any new structure. Limited development is permitted on slopes between 15% and 26% with a larger minimum lot size. This density may also be transferred to a flatter portion of the site. Height: The height limit for all new residential structures shall be two stories, no higher than '2.5 feet, New homes fronting North Gate and Castle Rock Roads shall be one-story, no higher than 20 feet. Non- residential -structures shall comply with height limits specified in the assiorned zoning districts.. 18 North Gate Speck Plan Contra Costa County Board of Supervisors June 2.5'. 1991 Front Yard Fencing: New fencing shall not be more than three feet in height at the front property boundary, and or within the front yard setback. Fencing shall be an open-rail design, as shown in Figure 4. Fences higher than three feet may be permitted upon approval from the County Community Development Director by filing a Request for Exception if the following findings can be made: 1) The fence is needed to enclose livestock, including horses (not dogs, cats or other domestic animals), and 2) The fence shall comply with the required open rail design, with wire meshincy0 between the rails', if desired. Rear/Side Yard Fencing: Solid board fencing and walls alona side and rear property boundaries are,to Zo be discouraged. To minimize the visual impacts of perimeter lot fencing, fencing on slopes greater than 15% shall be open wire or open rail. Fencing along property boundaries between the agricultural preserve land is permitted to be barbed wire to keep grazing animals from wandering into residential areas. Landscaping: New landscaping shall emphasize drought resistent, native plant material. Seismic Setback: Any development within the Alquist-Priolo seismic study area will be required to submit a geologic report. No habitable structures are permitted to be located within the seismic setback fault zone as recommended in the geologic report. The land within the seismic setback area can be calculated as net lot area, provided that the remaining lot area has sufficient space for new construction, accessory structures, and all applicable setback and lot coverage requirements. Creek Setbacks: For purposes of this Specific Plan, Natural Watercourses are identified on Figure 5 and are defined under Section 914-4.002 (Protection of Natural Watercourses)of the County Ordinance Code. New structures shall provide, at least a 50 foot minimum setback. Applications for residential development shall be required to provide, as part of the application submittal, a creek'preservatiop. and enhancement plan, which outlines the methods of protecting and enhancing this resource. This plan shall include, at a minimum re-vegetation of the creeks with native riparian vegetation from local seed stock. Under conventional zoning, allow the creek setback to be counted towards a new lot's minimum lot size. However, when located along creeks, the usable area of a new parcel shall not be less than 30,000 square Z:) I feet and shall not include the creek setback. Tree Preservation: Any proposals for the removal of trees, or for construction or grading near sianificant C trees will be consistent with the provisions of the City of Walnut Creek's Tree Preservation Ordinance. Protection of Property Rights: To protect the riahts oil property owners with agricultural or equestrian C) 4-- facilities, new home buyers should be notified that these activities exist in the area, and that there are certain impacts, that some people may find objectionable, associated with these activities. New 19 f,• � K w •�"' bon# t!) CL) LL CD Z Cl) < LL. 0 CL 1.j..+ �,�`jj .i. rr r..rr.r.•... i..s.••. it�..ri .ir R±• •�1.rY iL w t F p .r.. i V? \.D .D x • i M n. a { a y r tee`w:• �.`.`:.•`:•'. • i 1 NORTH GATE SPECIFIC PLAN—FIGURE 5 Natural'Watercourses in North Gate i • r x ar w • w � "..' Unnamed CD ..� OPMMWAMM U -- .� t� Stahlcs i Detention Basi i Unnamed ccc ccc SU lu cc CCC er Canyon .. +Cre k Pine Creek yo Del • w BL I •r s 4- r r Unnamed Pin,P.l geek . t , i • Li tdC Pine recti l 1 North Gate Specific Plan Contra Costa County Board of Supervisors June 2.5, 1991 homeowners will acknowledge the right of adjacent property owners to continue those uses by signing 0 &1 C� a document to this effect which will be recorded along with the deed. Protection of Agricultural and Open Space Lands: To protect the agricultural preserve and open space lands, new lots created adjacent to these areas shall be larger than 40,000 square feet. Dwellings shall be set back from the adjoining property boundary at least 60 feet. Protection of Equestrian/Agricultural Uses and Facilities: Buffers are required between residential, equestrian or agricultural development. The rear or side yard setback adjacent to these facilities should exceed the required distance specified in the R-40 zone. Distances between barns and riding arenas should be taken into consideration when suing structures. Grading: Grading should be minimized in the Specific Plan area, particularly on hillsides and along natural creeks. Public Utilities: All utilities must be placed underground. New residential development shall be connected to public sewers and the public water supply. All new residential development shall also provide on-site storm drainage, and shall pay a fee for off-site drainage improvements, if required. Remodeling and Additions to Existing Structures: To the extent feasible, permits for remodeling shall be in conformity with the goals and objectives of this plan pertaining to the heights of new structures and setbacks. The County Permit Assistance Counter staff shall review all remodeling permits for conformity with the intent of this plan. Am* North Cywe Specific Plan Contra Costa Countv Board of Supervisors June 25, 1991 Traffic and Circulation North Gate Road Improvements.* North Gate Road should be improved to a right-of—way width of 60 feet. This width will accommodate two 12 foot travel lanes, bicycle lanes, pedestrian paths, equestrian trails, and a landscaping strip (see Figure 6). Applicants who develop properties along North Gate Road will be required to dedicate land for this right-of-way and construct all the improvements, or pay an in-lieu fee equal to the estimated cost of the improvements, as a condition of project approval. Castle Rock Road Improvements: The right-of-way width for Castle Rock Road will be a minimum of 40 feet. This width will accommodate two 12 foot wide travel lanes and two four foot wide bike lanes. The adequacy of the right-of-way will be reviewed on a project—by-project basis. The County may require aright-of-way width up to a maximum of 60 feet for the. protection of significant trees and creeks (see Figure 7). C� City and County Public Works and Community Development staff shall coordinate reviews of any future proposals which may affect the Castle Rock Road right-of-way or improvements to that road. Applicants who develop properties along Castle Rock Road will be required to dedicate land for this right-of-way and construct all improvements as a condition of project approval. Recreational Trails (see Figure 8) Pedestrian Paths: Pedestrian paths along North Gate and Castle Rock Roads shall be constructed with the same materials as the travel lane. No concrete sidewalks shall be installed along North Gate and Castle Rock Roads. Bicycle.* New bicycle trails are proposed along North Gate and Castle Rock Roads and through the Pine Creek Detention Basin. Equestrian: New equestrian trails are proposed along North Gate Road to connect to existing trails along the northern Specific Plan boundary and Mount Diablo State Pari:. A trail is also proposed gthrough the County's surplus land, and the Pine Creek Detention Basin connectinto C� 11-1) the, trail along Castle Rock Road. '23 a Ing X LO N to U "so to 1 Obow t a. .:o �. Da. CO y t.> 0 CD swoop tz �.�► tDw 0000 o CIO t�. � as Cts ''� N -6 00 CD LOLn p •r � �` tt3 �S POO O '' 0 tZS swoop ON Womoo 000/ r,,, .r•r00- •'� 00-0 o o o �A r V- NORTH GATE SPECIFIC PLAN—FIGURE 8 Planned R-p-mr-p-amon Facillbes aTialls . At j • r t ..._._ limc Ridge ., �- Sped c Plan • Boursdal .. P Pince Creek Park 1! • • • :•: . + '. .� #% ' y'• I Now" "Mm :.ti:U••�� i,r. .t• • 0 CD •..• Detention 8osac�.., P/EIB P jg i •_ i • .r• iLm load f • P/E/B BL Mt Diablo Pari, Mcosic Enn-ance Shcu Ridge r '' •ti Arec New Stcgk Exehg 4 `• # . :t•:••• Diablo�./�w&OLs•�s •'`••� Park Re Pm+ 4. EXS Trow J •�i P/ r- •r•r• Proposed Trofl Walnut Creek �S p ace f '� � r �. �'.. `� Nke T rcW Equestiim TtcW j Pedestrb n Trc.-.0 1 ra it Lara t ions a M Sdu7na hr 196 No71h'Gat*e Speck Plan .... � _. .. - Contra Costa County Board of Supervisors June 25, 1991 Property awned by the County - CountyRood ControTand Water Conservation Distfict Surplus Property: The Flood Control District is required by haw to recover the costs of.purchasing this land. The Flood Control District intends not to offer this land for sale for at least two years from the date of adoption of this Specific Plan. However, because of the need to provide flood control projects in this and other parts of the County, the Flood Control District -may need to sell the .site to generate needed capital to fund the construction of these projects. 'w%ith uus in mind, the preferred use for this property is for public open space. To that end, public agencies including the City, the County, East Bay Regional Park District (EBRPD) or others, are encuraged to aggressively pursue the purchase of this property for public open space. Potential funding sources include, but are not limited to, County park dedication funds, .Walnut Creek open space monies, or EBRPD bond Measure AA funds. • If it is not possible to acquire the entire site for public open space, then priority should be given to purchasing a 200 foot wide agricultural buffer along the southern boundary of the site. This buffer will provide protection between the agricultural preserve lands located just south of the site and outside the Specific Plan boundary and any new residential development which may occur on the remainder of the site to the north. If, however, at the end of two years, acquisition of the site, for public open space, is not being pursued, then the property may be sold and subdivided according to the following conditions: 1) A development application may be submitted for up to 34 single- family lots which inlcudes approximately 25 percent of open space. Residential lots may be as small as 30,000 square feet to provide open space, which is described below. 2) The open space areas will be used for a multipurpose staging area with approximately 40 parking spaces; anew egestrian trail would be constructed and connect with the existing trail, which traverses the Pine, Creek Detention Basin; and for the protection of the existing creek and riparian habitat located in the southwest corner of the site. The precise location and alignment of these public open space amenities will be determined during development of a North Gate Specit"ic-Plan Contra Costa County Board of Supervisors June 25, 1991 site plan and the environmental review process, and shall be agreed to by City and County staff-,prior to approval of any • development application. Pine Creek Detention Basin.* The primary purpose of the detention basin is flood control. Passive recreational activities are permitted in this area, as well as the construction of a new equestrian trail. Parcel at the Northwest Corner of Specific Plan Area: This parcel is owned by the County Flood Control District. It is proposed that a landscaping plan be developed anid implemented by the County, historic Preservation James T. Walker House: The James T. Walker house, located on North Gate Road, has been identified as having historic significance. All efforts shall be made to preserve this structure and the surroundin grounds. Any proposed additions or alterations should be reviewed by the Contra Costa Countyl Historical Society or the Walnut Creek Historical Preservation Society. _ North Gate Improvement Association Reservoir.- This reservoir, which is located on the eastern boundary of the Specific Plan area, has been identified as being an important private water source. The reservoir is also a valuable visual amenity and, for these reasons, should be protected and maintained. 28 North Gore Specific Plan Contra Costa County Board of Supervisors June 25, 1991 IV. PLAN IMPLEMENTATION Plan implementation will focus on review of development applications and the fulfillment of plan goals and policies through conditions of development approvals. Nonconforming Land Uses, Lot Sizes or Structures Some land uses, lot sizes or structures which presently exist in the planning area may be inconsistent with the requirements proposed in the Specific Plan.. These are considered legal, nonconforming uses and the City or the County will permit these uses to continue. If a property owner a has v- legal nonconforming use or structure and wishes to expand or change that use or structure, the owner must apply for a conditional use permit or variance from either the City or the County, depending upon where the property is located. This will permit the continuation or expansion of the use subject to some conditions and a finding that such expansion or structural alteration is necessary to protect a property right and will not impair the character of the area. If a legal, nonconforming building is destroyed and if the cost of the reconstruction is less than 50% (fifty percent) of the total building value after reconstruction, the destroyed building may be reconstructed as it previously existed. All illegal, nonconforming land uses and structures will be abated by the City or the County. An illegal nonconforming use is one that was never lawfully established under either County or City regulations and operates- its in violation of either building or zoning regulations since C� 2 establishment, Lot sizes may also be nonconforming if the. lot does not contain the area, width and frontage required by the designated zoning district. Provided such lot was not created in violation of any previous zoning ordinance,, the lot size is recognized as a legal, nonconforming lot regardless of Sim. Any lot may be developed for any use permitted in that zone even though such lot does not contain the area, width or frontage as required. Applicants who wish to develop and cannot meet the requirements of the Specific Plan may apply for a variance. Abatement of a nonconforming use or structure by the City or County is also permissible where Z:1 the use constitutes a public nuisance. For purposes of clarity, the City of Walnut Creek will have jurisdiction within the City limits and Contra Costa County will have jurisdiction beyond the city limits. ''9 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 Exceptions to Requirements The Specific Plan sets forth requirements which allow for future development in the area. To ; impacts uu&Amize between residential and non-residential uses, conditions such as open 'space and landscaped buffers, rear and side yard setbacks, setbacks from environmentally sensitive areas, maximum building height or lot coverage will be required to develop proper-Lies within the Specific Plan. In certain situations, a property owner may not be able to develop the property consistent with all the land use regulations in this Plan. While no exceptions or variances shallbe granted to create lots smaller than the minimum specified in the Specific Plan land use categori..... exceptions to some of the development requirements may be granted to the property owner or developer subject to certain findings. The applicant shall demonstrate undue hardship as a result of the application of the regulations and the City or County shall be required to make the following finding: due to the. circumstances applicable to the subject property, including size, shape, topography, location.or surroundings, the strict application of the regulations contained in the North Gate Area Specific Plan deprives the property of privileges enjoyed by other properties in the vicinity and zone in which the subject property is located. The City and County shall have the authority to impose any other conditions which the jurisdiction deems appropriate to minimize the impact of the development as proposed, Joint. Review of Planned Development Applications All applications for subdivisions and land use permits within the Specific Plan area shall be referred by the agency which receives the application to the other jurisdiction's planning staff for review and comment. All review comments shall be considered by the approving agency. Any interpretation of the types.of land uses and whether these uses are, permitted as a matter of right, conditionally permitted or prohibited shall be made by either the City's or the County's Planning Commission, depending upon the location of the project, after consultation with the other jurisdiction. In the event that the recommendations of one jurisdiction conflicts with the recommendations of the other jurisdiction, all reasonable efforts shall be made to resolve the outstanding issues. The Joint City/County Planning Committee, comprised of two Walnut Creek City Councilmernbers, and two County Board of Supervisors, shall be,consulted for a final recommendation. Because the adopted Specific Plan seeks to reconcile any conflicts between the two jurisdictions' planning documents and objectives, the possibility of disagreement over applications should be minimal. 30 Norah Give Specific Plan Contra Costa County Board of Supervisors June 25, 1991 General and Specific Plan Amendments Both General and Specific Plans may be amended once adopted. The Specific Plan attempts to clearly define how development will occur 'in the planning area. Once adopted, it is the intent 0 of both the City and the County that the Specific Plan objectives be maintained. If a General Plan Amendment to the Land Use Element.is proposed within the planning area or within the adjacent agricultural preserve lands by either jurisdiction, it shall not be approved without an opportunity for the other jurisdiction to review, comment and issue a recommendation to the legislative body of the jurisdiction with authority to -approve this proposed General Plan Amendment. Once either General Plan is amended, however, the Specific Plan must be amended in order to remain consistent with the County and City General Plans as required by state law. The Specific Plan may be amended as often as deemed necessary by the City and the County. Affects or Proposed Projects California law requires that no tentative subdivision map be approved and that no zoning ordinance amendments be adopted unless they are consistent with an adopted specific plan. All proposed subdivisions and other planning entitlements shall be reviewed for consistency with the North Gate Specific Plan policy and design guidelines. Subdivision approval prior to the adoption of this Plan is generally exempt from the Plan policies for purposes of recording a final map or parcel map. However, subsequent structural and grading proposals are subject to review for compliance with the design provisions of this Specific Plan, ._ Equestrian Staging Area As noted in the Specific Plan, an equestrian staging area is proposed on a portion of the t:1 County's surplus land that is located along North Gate Road. It is the recommendation of this Specific Plan that a committee be formed consisting of representatives from the follow agencies: the City of Walnut Creek, Contra Costa County, the East Bay Regional Park District and the. California Department of Parks and Recreation. This committee will be assigned the task of studying the concept of the equestrian staging area including design guidelines, construction and maintenance responsibilities and costs. 31 North Gate Specific Plan Contra Costa County Board of Supervisors June 25, 1991 Mutual Jurisdictional Adoption of Pertinent Ordinances In order to implement the Specific Plan, it is anticipated that the City will adopt the provisions of the County's Creek Preservation Ordinance. In addition, the County will adopt the provisions of the City of Walnut Creek's Tree Preservation Ordinance. It is understood that the adoption of these provisions shall only apply to the North Gate. Specific Plan area. Conformity with Measure C Every development proposal shall be reviewed for its compliance with Measure C, to ensure that Measure C standards are not exceeded by additional traffic generated by a proposal. Development Fees Property owners or developers who wish to develop their property shall be required to pay all development-associated fees, including traffic mitigation fees, Vit. Diablo Unified School District fees, and area-wide benefit fees. 1ng1:cm:ngsp6-10.91 EXHIBIT A PROPOSED FIRST AMENDMENT NORTH GATE SPECIFIC PLAN (SP1#96s,007) The following changes are to be. incorporated into the text of the. North Gate.. Specific Plan under the amendment: 1. CONDITIONALLY PERMI D LAND USES, Page. 17, North Gate, Speoffic Plan %NOAdd "Small-Scale Commercial Nurseries " to theft. bulleted list of perrnitta..d Wises in the North Gate Specific Plan area with approval of the. County Zoning Administrator subject to certain conditions. 2. PROHIBITED USES, Page 17, North Gate Spepcific Plan Dele.b.m.. "Commercial Nurseries" from the.. bullanfted list of prohibited uses in the North Gate Specific Pian Area. THE BOARD OF SUPERVISQRS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesdair, Ma 9, 2000, b the followingNrote: of y y ���5; SUPERVT '"ORS GI01 A UILKEMA DES4ULN"I"E"R3 CANCIDAMI' LA and G P.B 71".R NOES: NONE A SENT: N 0 N E ABSTAPI: NONE FtiESOLUTION NO. 2040/ ?�4 SUBJECT: In the Matter of the First Amendment To The.North Gait Specific Plan General Plan Amendment (Merlot Nursery Count),File SPS 96-0007 The Board of Supervisors of Contra Costa Count),RESOLVES that: There is riled with this Board and its Clea; a copN7 of Resolution No-19 -1998 adopted by the County Planning Commission which recommends approval of the First Amendment to the North Gate Specific Plan (County File SPT96-0007). Amo=ndrntnt %NWhe��in� Z) %NorOn Tuesda�,, May 9, 92"0000 thi= Board held a public on said Fir%V discussed by the.County Planning; Commission,Resolution No. 19-1998. Notice of said hearing was ,duly given in the manner required by law. The Board at,a hearin.Q; called for testimony of all persons interested in this matter, On Tuesday, May 9, 19,09, thp.Board.APPROVED thp, Fir-I%t. to the North Ciatt W A.Z) 14.1 Specific Plan, and directed text chanes to the Specific Plan as described 'in the attachment labeled %W1 as Exhibit "All, Contact: P. Roche, CDD-APD (335-1242) I hereby cxs-j.-"a*t1 fnat,t"M'S is a truotw and corrg..",en copy o C Zwl: Communit}r D-f.-wpaninent an acuon taken and on tbLea� utews of tbouCAODoan' Of or, the gate stlovm. County Counsel AM IN City of Walnut Creed, A t ve s tc,C 1: �;- ?,nnn PR PE Batchelor, Ch:rh of theBoard 1'Supprvisors and C ry Administratormorthga=pamend.res t Dep dT-),di rh Exhibit Two: Newscll*ppl'ncrt:) - "Two-Tank Garages, Micro-sized, Owner-operated Wineries Punch More Than Their Weight With Critics and Fans", from the San Francisco Chronicle, 11/4/2004 by Stephen Yafa Exhibit sm- �,f�;,,� www.sfeate.com Return to regular view Who insures the: most cars Two-tank araragrg$ i n r Micro.-sized owner-operated wineries punch more than their weight with ............ critics and fans -Stephen Yafa,Special to the Chronicle ...... e I Thursday,November 4,2004 ............ ............ When Mark Herold and his wife Erika Gottl climb out of bed in the morning,they carry their coffee cups from the kitchen of their modest wood- frame house on a working-class residential street near downtown Napa to a bonded winery -- their garage. To a casual observer,, that tin-roof structure seems suited to shelter a couple of dusty pickup trucks, maybe a lawnmower. To Herold and Gottl, it's the home of Merus Wines, where they produce less than 500 cases a year of one of the most sumptuous, coveted Cabernet Sauvignons in the country. Wine critic Robert M. Parker Jr. tasted it a few years back and fell madly in love. "Thrilling," he called it. "Brawny, but impeccably pure." One day a while back, Parker showed up at Herold and Gottl's doorstep. "Could I see where you make this stuff?" he asked Gottl. For years, Parker and other critics have praised wines crafted around the world by the most talented "garagistes" -- a tern coined to single out maverick micro- producers whose bare-bones operations mark them as determined solo practitioners in a rapidly consolidatine, wine industry where big is often mistaken for better. Throughout California there are scores of these hands-on winemakers. Their output is wildly uneven, from low jug to high art. Yet a handful of California garagistes regularly score at the top level with critics. The most skillful garagistes have a cachet and and an influence within the trade thatfar exceeds their meager output. Herold., for example, now consults for half a dozen larger wineries that pay him sizable sums to do for them what he does for himself-- coddle and coax Cabernet grapes to deliver up their most luscious secrets. Herold is enolocy-y's version of a horse whisperer. t) After introductions, Herold and Gottl walked Parker to their backyard winery. Crammed to the rafters with a bladder press, half-ton fermentation bins, a customized destemmer, new http://vv-vrNA7-sfQ ate.com/c a'-bin/arti cl e.c cr ?file=/chroni cl e/archive/.2..004/1 1/U4/WIG6F`9K7... 6/28/22­000.0) %_ French oak barrels, stainless steel punch- down plungers and a variety of pumps and hoses, it also houses Mark's compact biochemistry laboratory and a large dog-sized floor cushion for Hank, the couple's lank-eared weimaraner. "My God!" Parker told Gottl. "You really do make Merus in your garage." Garagistes are a throwback to the Old West, or to the Clint Eastwood in all of us. More often than not,the style of the tiny amount of wine they produce mirrors their distinctive personalities. Up in Gold Country, a gregarious Croatian, Milan Matulich of Dobra.Zem1ja (pronounced dobra zem-ya., it means "good earth" in Croatian) winery in Plymouth makes about 600 cases of a monstrous, 18 percent alcohol Amador Zinfandel that, like his edgy Syrah and tn =*1 0 Viognier, is an extension of his outgoing disposition. "It's tough but with a good heart, like me," Matulich says with a laugh. In Sonoma County's Dry Creek Valley., potter Fick Hutchinson of Amphora winery makes Zinfandel, Syrah and other red varietals that reflect his inner quest for balance. "When I'm throwing an amphora at my potter's wheel and I'm not perfectly centered inside, it wobbles," says Hutchinson, who plans to bottle about?600 cases of wine this year. "I can't stand to make wobbly wines." Garagistes share a passion in their approach to winemaking that often trumps profit. Marketing and sales usually take the form of a basic Web site, a mailing list, local restaurants and possibly a few small distributors. Gottl parcels out Merus three bottles at a time to devoted customers willing to pay $105 a bottle. But most garagiste efforts retail between $2..0 and $50. - Moving such small quantities can be less demanding than, say,the 10,000 cases or more that a small winery like Everett Ridge in Healdsburg is likely to produce in a year, or the 200,000 cases produced by a medium-sized winery like Sebastiani in Sonoma. Word-of- mouth-- or word-of-mouthfeel -- among wine aficionados does the heavy lifting. There are no branding consultants. Although many of these wineries make a profit and provide a comfortable living for their owners, a considerable portion of their gross revenues typically goes back into buying and repairing equipment, purchasing new barrels, and related expenses. Touring these garagiste operations, you see none of the elaborate high- tech gear that larger wineries like Kendall-Jackson use to reduce the alcohol percentage or correct acidity through reverse osmosis. That's not just a matter of finances but of personal choice, for a prime tenet of the garagiste creed is to extol the supremacy of pure fruit by adroitly getting out of its way. Less talented practitioners may deliver wines that, to paraphrase Winston Churchill, have much to be is modest about. Still, their intention noble. "Wine and the people who drink- it have more in common than they realize," Hutchinson sans. "A wine that's too tannic is like a person with road rac..ye:too sweet. it's aoinQ to be http.://vAvN;�7.sfuate.com/cal-bin/article.c(Tl*.9file=/chronicle/archl*ve/.'-).004/11/04/WIG6R9K7... 6/28/2UU� 4__ t� tr taken advantage of; or if too fruity, it's begging to be misunderstood. "Too much oak in a wine," he continues, "is like a man or woman splashing on cologne to hide their body odor." Bagpipe-playing James MacPhail, who custom-crushes at Tandem Winery in Sebastopol, considers himself alM'nimalistl, as in minimal human intervention. Fermented with native yeasts, his two Pinot Noirs -Ift one from Anderson Valley, the other from Sangiacomo Vineyard on the Sonoma Coast -- arrive in the bottle unfiltered and unfined. 11MY wines speak for themselves," says MacPhail, 38,, who makes about 500 cases a year. Garagistes Andy and Deborah Cutter have been employing a winemaker's ally, gravity, at their whimsically named Healdsburg winery, Duxoup (say it aloud and think of the Mari: Brothers), since they opened for business in 1981. "We don't want pumps running while we work," Andy Cutter.explains. Cutter, 57, hails from the woods of Minnesota and knows quiet when he hears it. But beyond cutting down on noise pollution, there's the more serious issue of allowing the essence of the fruit to shine through in the unorthodox varietals Duxoup produces -- Charbono and Sangiovese,along with Syrah. Gravity flow eliminates the need for machinery to ferry fermenting grape must and juice from one container to another during production, and diminishes oxidation en route. For the Cutters, that gentle approach translates to less intrusion, less manipulation and more purity in the bottle. To realize that ambition,, they built their small, terraced, six-leve'l facility on a downslope below their hillside house. Crushed grapes arrive at the highest elevation. The whole berries go through primary fermentation in specially designed stainless steel bins that allow Andy to punch down by hand several times a day. When the thick particulate matter has settled out, Andy opens a few valves and gravity carries the fermented juice down hoses until it eventually winds up several levels below, ready to be aged in oak barrels. Garagistes may share a passion for purity and a suspicion of safe-but- boring corporate winemaking practices, but as the Cutters and others know only too well, the trade-off is hard physical work. Sweat is the common currency. After every harvest Bill Frick, 58, owner and operator of Frick Winery in Geyserville, single-handedly punches down the cap on 2...0 tons of fermenting must with a metal plunger- IikeW,device. Rising to the top of a fermentationnk or bin red grape solids form a cover tank that can be 2 feet thick and feel hard as concrete, and it needs to be submerged regularly to bring the skins into contact with the juice beneath it. Wineries of any size use hydraulics, but where there are no machines, there are biceps. Among garagistes, hand- punching is a badge of honor. "I discover muscles I forget I had,," says Frick. a lean., fit man who climbs to the top of his tanks and presses down with all his strength. "There's nothing like going to bed at night being totally exhausted from work. It keeps you alive, healthy and sane." The quintessential garaaiste, Frick owns and manages all the grapes he makes into a few http://ww7�7.s fgate.com/cal-b*ln/article.ca..i?file=/chronicle/archive/...)..004/11/04/WIG6R9K7... 6/28/2005) 4-* 41-1-- L hundred cases each of his favorite Rhone varietals, including an earthy, brightly spiced Syrah. He doesn't add fining agents and only occasionally filters. "I'm making wine the way they did 600 years ago," he says. "That's why my late wife Judith and I sold our 'S7 Chevy in the mid-70s and bought these 6 acres with the proceeds --to do it our way." That includes planting and pruning grapes and mowing weeds in his hillside vineyards, and chores in the small winery itself, supported only rarely by outside help. Frick knows that if the quality isn't on the vine, it won't be in the bottle. "Ninety-five percent of winemaking is in the field," says Mark Herold of Merus. "In knowing how to trellis, prune, exactly when to pick, and so forth." Is there romance in garagiste winemaking?Not likely when you delegate all the grunt work to yourself. But if it's not money or fame that motivates a garagiste, there has to be a touch of divine madness. For Frick, it's as close at hand as any bottle of his wine. On each you'll find a poem penned by the producer. The one he wrote for his 2002 Dry Creek Valley Viognier reads: a pear falls from the tree nesting into the golden grass In addition to capturing Frick's appreciation of seasonal change,that hints at the persuasive power of nature to pull urbanites out of their comfortable city Lives to seek meaning where things grow ripe. Anne Carver and Denis Sutro, a garagiste husband and wife in Calistoga,jettisoned their cushy San Francisco lifestyle in 1993 to stake their family's future on producing avarietal -- Petite Sirah -- that most wine lovers seldom drink unblended, and one that remains totally off the charts to casual wine drinker. A dangerous gamble, perhaps. But for Carver and Sutro,, as for many winemaking couples, there was also a potential reward -- freedom. Denis is the great-grandson of Oscar Sutro, who co-founded the venerable San Francisco law firm of Pillsbury, Madison & Sutro, now called Pillsbury Winthrop after a merger. A prominent trial lawyer in his own right, Denis was approaching middle age feeling confined by his career choice. He and Anne wanted to produce something substantial that expressed their values. A dilapidated former winery set among old vines in the Palisades area outside Calistoga provided the venue. "All there was when we got here in late April was a dirt road, a few ramshackle buildings and a fierce dog tied to a tree," Carver saes. "I had absolutely no background in grapes, but I could appreciate how green these were." Carver and Sutro were just as green when it came to winemakincl. But like the vast majority of garacT*stes, Sutro went to school to learn what he didn't know.. enrolling in a UC Davis enology crash course. He came to understand that in the end, great wine happens at the intersection of chemistry, intuition and experience. With that in mind, he brought aboard http://ww�A7.sfate.com/chi-bin/article.c�i?file=/chronicle/archive/2004/11/04/V��IG6R9K7... 6/28/?00'*'- 4.- winemaker Gary Brookman of Miner Family Winery to provide the production expertise he a & lacked, and concentrated his attention on vineyard management. r", Now, close to a dozen years later, Carver Sutro annually produces about 600 cases of a wine that Parker says "ranks alongside some of the finest California Petite Sirahs I have -tasted." Parker may love the wine, but Denis Sutro loves the Palisades Vineyard vines that it comes from even more. He knows all 8,000,, he says. He only has to walk a few paces out his kitchen door to be among them. Like many garagistes, Carver Sutro doesn't produce the wine in its own facility. Instead, Anne and Denis lease equipment and warehousing space at Miner Family Winery in Napa. Other garagistes own neither the facility nor the vineyards, and lease both. Still others, like Frick, own both. Lane Tanner, who makes small quantities of Pinot Noir with what she describes as, "feminine elegance" under her eponymous label in Santa Maria Valley, sums up the garagiste credo: "I'm in love with what I do. I'm where I belong." "At our production level we pay all our bills, renovate the winery as needed, and have some left for personal needs," says Andy Cutter of Duxoup. "Not a great capitalistic plan, but a very good way to lead a life. Sometimes people forget what they like when they get captured by the green monster." Not these folk. The fortunes they seek are as close at hand as the clusters they can reach out and touch. Selected garagiste wines Scores of garagistes in California, Washington, Oregon and elsewhere typically produce about 500 cases or less -- often unfiltered and unfined. Since their distribution is spotty, contact the wineries directly for more information. 200.2. Amphora Mount Vineyard Dry Creek Valley Syrah ($30) Well-integrated black cherry, plum and black raspberry in the nose and flavor of this dense, fruity, layered wine. It soon opens to reveal its lush, earthy soul and finishes smoothly. amphorawines.com; (707) 431-7767. 2001 Carver Sutro Palisades Vineyard Napa Valley Petite Sirah ($4d2. 4W 1 Unless you're planning to-cellar it for five or more years, open and let it breathe at least two hours before drinking. The inky black color offers a first clue to this massive wine's resounding depth. Its complex bouquet slowly reveals loam, dark-roast coffee, and rose essence with a hint of citrus. On the palate are boysenberry, plum. fids, and toasted wood. Firm gripping tannins, vet supple -- a neat trick indeed. Drink- with prime rib. carversutro.com,- (707) 942-1029. 6/28/2UU� 06- 4- N.- 2001 Dobra Zemlja Amador Zinfandel ($24) A gentle monster, with high alcohol and enough oak (24 months in the barrel) to build a stable. Licorice on the nose; briary and spicy blackberry on the palate with cassis and dark cherry notes. Drink with barbeque back ribs. dobrazemlja.com; (42009) .2.045-3183. 2001 Duxoup Napa Valley Charbono ($16.50) Seductive aromas of spice and damson plums. Soft tannins, lively blackberry and blueberry flavors and balanced acidit3l in this medium-body wine. Plenty of fruit and low alcohol, both Duxoup signatures, combine to make this a versatile, amiable and affordable food companion, especially with Mediterranean dishes. duxoupwineworks.com; (707) 433-5195. 1999 Frick Owl Hill Vineyard Dry Creek Valley Syrah (K.2.3) Earthy, black cherry aromatics., with rose-petal accents. On the palate, dark fruit, smoke and clove merge gracefully over subtle oak. Awell-crafted, assertive example of the Rhone varietal. Drink with game or red meats. frickwinery.com; (707) 857-1980. ?00') Frick Gannon Vineyard Dry Creek Valley Viognier ($23) This white Rhone varietal arrives exuding honeysuckle, cardamom, lime and poached pear. At one moment it evokes the aroma and taste of melon; at another, Asian spices. Drink with boldly seasoned foods, Asian or otherwise. ?00? MacPhail Toulouse Vineyard Anderson Valley Pinot Noir ($35) Sweet, dense Bing and black cherry. and loam in the nose and on the palate. Silky mouthfeel . rounded by light accents of French oak. Young and well- structured with soft tannins. Should show its true class from ?006 on. Drink with white meats and salmon. macphai'lwines.com; (707) 4_3'_`-3I-4780. 2002 Lane Tanner Santa Maria Valley Bien Nacido Pinot Noir ($2..8) Black cherry and a touch of violet in the nose. Raspberry and cherry fruit and terrific balance in the mouth, with a lingering, pure finish. Though full-bodied, Tanner's "feminine elegance" is on display. but not at the expense of depth. Drink with white meat, salmon, or a sheep's milk cheese like MancheQo. sbwines.com/LaneTannerNews.html; (805) 929-1826. 2_.002.. Merus Napa Valley Cabernet Sauvignon ($10� http://wwv�l.sf�ate.com/c�i-binarticle.c�v/ 1*?file=/ch_ronicle/archive/..2004/11/04/WI(76"RQK7 ������nn;4-- The complex bouquet and taste mark this as an extravagance worth the splurge. Mocha and espresso flavors create a compelling bass line beneath buoyant,ripe cassis tempered with hints of eucalyptus, leather and cedar. Drink with grilled meats, Stilton cheese, and other hearty fare. meruswines.com; (707) 251-5551. Stephen Yafa is a freelance write7- in Mill Valley. E-mail him at wine(& fchf-vnicle..con2. .. Page F- 1 URL: http://sfgate.com/corl*-bin/article.cgi? file—/chronicle/archive/2004/11/04/WIG6R9K74GI.DTL .......... .................................. ......... C?005 San Francisco Chronicle http:/AArwul.sf�ate.com/cgi-biniarticle.c�i?file=/chronicle/archive/2004/11/04/Wl G6R9K 7... 68/2UU5 Co m munity � Dennis M.Barry,AICP Community Development Director Dcvelopment Costa Dew"%Partment County County Administration Building 651 Pine Street 4th Floor, North Wing Martinez. California 94553-0095 .ie ,s�` Phone: �� (925) 335-1120010 C��tl���� DATE: June 6,2005 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED NEGATIVE DECLARATION Pursuant to the State of California Public Resources Code and the"Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date,this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: The project involves two separate amendments to the North Gate Specific Plan.The first amendment (County File#SP04-000 1)is a proposed text amendment to the North Gate Specific Plan that would include limited winemaking or small winery as a conditional use within the Specific Plan area. The second amendment (County File # SP050001) is a proposed text amendment to the North Gate Specific Plan that seeks to clarify the maximum residential building height requirements as they are stated in the Specific Plan. The Specific Plan area extends from the intersection of North Gate Road and Castle Rock Road south to the public parklands and then east to the City of Walnut Creek's sphere of influence boundary. The City of Walnut Creek lies west of the Specific Plan area. Public Comment Period-The period for accepting comments on the adequacy of the environmental documents extends to 5:OOP.M.,June 27,2005. Any comments should be in writing,and submitted to the following address: John Oborne Community Development Department Contra Costa County 651 Pine Street, North Wind,4th Floor _ Martinez, CA 94553) Office Hours Manda1' - Fridav: 8:00 a.m. - 5:00 p.m. ���i�_ i� �Ic��c' tn� ��s.. 3�c' � 5t�. =ri�a��. c-" e� cr�� mont� Itis anticipated that the proposed Negative Declaration will be considered for adoption at a meeting of the County Planning Commission on July 12, 2005. The hearing is anticipated to beheld at the McBrien Administration Building, 651 Pine Street, Room 107, Martinez. it 'is expected that the Planning Commision will also conduct a hearing on the application at that same meeting. JO i Oborne Planner Environmental Checklist Form 1. Project Title: Two Text Amendments to the North Gate Specific Plan • County File: SP#04-0001: A proposed text amendment to the North Gate Specific Plan that would include limited winemaking or small winery as a conditional use within the Specific Plan area. • County File: SP#OS-0001: A proposed text amendment to the North Gate Specific Plan that seeks to clarify the '2.5-foot maximum resi*dential building height requirements as they are stated in the Specific Plan 2. Lead Agency Name and Address: Contra Costa County, Community Development Department Administrative Building 65)1 Pine Street 4"'Floor—North Wing Martinez., CA 19/4553-1295 3. Contact Person and Phone Number: John Oborne, Planner Community Development Department Administrative Building 651 Pine Street nd Floor—North Wing Martinez,, CA 0,4553-1295 (925) 335-1207 4. Project Location: The North Gate area consists of approximately 507 acres and lies within the jurisdictions of the City of Walnut Creek and Contra Costa County. The North Gate area is accessed from Ygnacio Valley Road, which is a major arterial extending from Interstate 680. Figure I (attached) is a vicinity map of the North Gate Specific Plan area. 5. Project Sponsor's Name and Address: Contra Costa County Administrative Building 651 Pine Street 2°a Floor—North Wing Martinez, CA 94553-1295 6. General Plan Designation: The existing County General Plan designations for the North Gate area include: Single Family Residential - Medium Density (SM), Single Family Residential - Low Density (SL), Single Family Residential -Very Low Density (SV),Agricultural Lands (AL), and Open Space (OS). 7. Zoning: North Gate has the following zoning districts within its borders: Single Family Residential (R-40), Planned Unit Development (P-1), General Agricultural (A-2) and Agricultural Preserve District (A-4). S. Description of Project: The purpose of this initial study is to determine the potential environmental impacts of two separate amendments to the North Gate Specific Plan. The projects are being considered under the same initial study for the sake of efficiency. The first amendment (County File: SP#04-0001) is a proposed text amendment to the North Gate Specific Plan that would include limited winemaking or small winery as a conditional use within the Specific Plan area. The second amendment (County File: SP#OS-0001) is a proposed text amendment to the North Gate Specific Plan that seeks to clarify the 2.5-foot maximum residential building height requirements as they are stated in the Specific Plan. 9. Surrounding Land Uses and Setting: Mount Diablo State Park, Diablo Foothills Regional Park, and the Lime Ridge and Shell Ridge Open Space areas comprise some of the land uses surrounding the.North Gate area. These parks and open space areas are in close proximity to North Gate and contribute to the physical setting of the area. Approximately 2000 acres located directly east of the Specific Plan area are designated for agricultural and open space uses. 10. Approvals: None 11. Other public agencies whose approval is required (e.g. permits, financing, approval, or participation agreement): • City of Walnut Creek Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources — Geology/Soils Hazards&Hazardous Materials Hydrology/Water Quality — Land Use/Planning Mineral Resources Noise — Population/Housing Public Services Recreation — Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance 4 DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date John Oborne Project Planner Contra Costa County Community Development Department SOURCES In the process of preparing the Checklist and conducting the evaluation, the following references (which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 2nd Floor-North Wing, Martinez) were consulted: 1) Contra Costa County General Plan, (2005-,'2.020) 2) Title 8,Planning and Zoning Ordinance, Contra Costa County 3) North Gate Specific Plan, Adopted by the Board of Supervisors, June 25, 1991, and amended, May 201 2000 4) Community Development Department Digital Map Library 5) Project Description 6) Bay Area Air Quality Management District CEQA Guidelines, 1999 7) State of California,Department of Conservation Important Farmland Map, 2000 8) Earthquake Fault Zone Map, 1982 USGS Quad. 9) 2.002 Hazardous Waste and Substance Sites (Cortese) List—State of California 10) City of Walnut Creek Municipal Code, Section Code 10-?.1.303 (A) (38) (a) 6 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact I. AESTHETICS—Would the project: a. Have a substantial adverse effect on a scenic vista? (Source: 1) X b. Substantially damage scenic resources including but not limited to., trees, rock outcroppings, and historic buildings within a state scenic highway?(Source: 1) X c. Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, X 5112) d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area'?(Sources- 5) X Project#1 — Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Through A Land Use Permit .SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development.No direct physical construction would result from the adoption of the text amendment to the Specific Plan. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Based on a review of the proposed text amendment there is no substantial evidence that the text amendment would have any reasonable probability of significant adverse impacts on the physical environment in the area of aesthetic i acts. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project #2 is a proposed text amendment to the North Gate Specific Plan that would clarify the 25-foot maximum residential building height requirements as they are stated in the-Plan.The text amendment does not apply to lots that are fronting North Gate Road and Castle Rock Road. It does not allow a greater residential building height than what was allowed before the amendment. The amendment, in accordance with the City of Walnut Creek's Municipal Code, states that residential building height may be increased by four feet(to a maximum of 29 feet)if the roof pitch meets certain criteria. Since this height allowance has always been recognized by the County, and building permits have been approved with it since the inception of the plan in 1991, there are no new aesthetics impacts as a result of this Specific Plan amendment. 7 AGRICULTURAL RESOURCES a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use';'(Source: 1, X 8) b. Conflict with existing zoning for agricultural use., or a Williamson Act Contract?(Sources: 1, 2) _X c. Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? (Sources: 1, 8) X Project#1 -- Text Amendment to Specific Plan Allowing Limited Winemaking[Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment the North Gate Specific Plan that would allow limited winernaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer future development of a limited winerriaking/winery any entitlement or approval of development. Although f in the Specific Plan area under the land use permit process may occur as a result of the text amendment', it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Based on a review of the proposed text amendment there is no substantial evidence that the text amendment would have any reasonable probability of significant adverse impacts on the physical environment in the area of agricultural resources. In fact,no land in the Specific Plan area qualifies as prime agricultural land and the State of California Department of Conservation Map of Important Farmland has designated all area within the North Gate Specific Plan borders as Urban and Built-Up Land. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY: No Impact Project#2 is a text amendment to provide for a clarification of the 25-foot residential height requirements within the Specific Plan area. No development or physical changes are enabled with this action. The text amendment does not allow development where the current zoning and General Plan do not currently allow development. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would adversely affect the physical environment m the area of agricultural resources. AIR QUALITY a. Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1,5) X b. Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources: 1, 5) X C. Result in a cumulatively considerable net increase of Potentialiv SiLynificant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?(Sources: 1, 5) X d. Expose sensitive receptors to substantial pollutant concentrations?(Sources: 1, 5) X e. Create objectionable odors affecting a substantial X number of people? 1)(Source: ') Project#1— Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemakinv,/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. The text amendment would not modify the standards for clean air in the Specific Plan area. Based on a review of the proposed text amendment there is no substantial evidence that the text amendment would have any reasonable probability of significant adverse impacts on the physical environment in the area of air quality. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project#2 is a text amendment to provide for a clarification on the residential height requirements within the Specific Plan area. No development or physical changes are enabled with this action. The Specific Plan Amendment does not allow development where the current zoning and General Plan do not currently allow development. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would adversely affect air quality in the Specific Plan area. IV. BIOLOGICAL RESOURCES—Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?(Sources: 1.15) X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. 9 Potentially SUR-nificant Potentially Unless Less Than Significant Mitivation Sianificant No Impact Incorporated Impact I nipac Fish and Wildlife Service'?(Sources: 1, 5).) X c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not lirru*ted to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, X 5) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?(Sources: 1) X e. Conflict with any local policies or ordinances protecting biological resources, such as tree X preservation policy or ordinance?(Sources: 1.2) f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservationplan?(Source: 1) X Project#1 -- Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit ,SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited n nature and does not confer winernaking/winery as an allowed use under a land use permit. It is regulatory i any entitlement or approval of development. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment in the area of biological resources. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project #2 is a text amendment to provide for a clarification on the residential height requirements within the Specific Plan area.No development is proposed, no site is disturbed, and no improvements are required through the proposed action of amending the Specific Plan text. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof will have a significant adverse affect on Biological Resources within the North Gate Specific Plan area. V. CULTURAL RESOURCES—Would the project: a. Cause a substantial adverse change in the significance change of a historical resource as defined in Section 15064.5? 10 Potentially sityllificalit Potentially Unless Less Than Significant Mitigation Sitynificant No Im act I 11colporated Impact Impact (Source: 5) X - b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Source: 5) X - c. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? (Sources: ^} X d. Disturb any human remains, including those interred X outside of formal cemeteries?(Source: 5) Project#1 - Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit.It is regulatory in nature and does not confer 1 any entitlement or approval of development. Although future development of a limited winemak*ng/wnery i operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Based on a review of the proposed text amendment, there is no substantial evidence that the text amendment would have any reasonableprobability of significant adverse impacts on the historical, archaeological, or paleontological resources,or human remains in the Specific Plan area. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project#2 is a text amendment to provide for a clarification on the residential height requirements within the Specific Plan area.No development is proposed,no site is disturbed,and no improvements are required through the proposed action of amending the Specific Plan text. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12p itch roof, as clarified under this text amendment, would adversely affect historical, archaeological, or other unique features on a collective or individual basis. Therefore, the text amendment clarifying maximum residential building height would not have a significant adverse affect on cultural resources within the Specific Plan area. V1. GEOLOGY AND SOILS-Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pn*olo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source: 1) X 2. Strong seismic ground shaking? (Source: 1) X 11 Potentially Significant Potentially Unless Less Than Sityn ificant Mitigation Significant No ,I Incorporated Impact impact Seismic-related ground failure, includinc, liquefaction? (Source: 1) X 4. Landslides'.) (Source: 1) X b. Result in substantial soil erosion or the loss of topsoil? (Source: 1) _X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse".' (Source: 1) X d. Be located on expansive soil, as defined in Table 18-1- B -of the Uniform Building Code (1998). creating substantial risks to life or property`?(Source: 1) X e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater".?(Source: 1) X Project##1-- Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit.It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Furthermore, this proposed text amendment would not allow development where the current zoning and the General Plan do not currently allow development, therefore it will not increase the exposure of people or structures to potentially substantial adverse effects to the geology and soils in the North Gate area. Based on a review of the proposed text amendment, there is no substantial 'evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment in the area of geology and soils. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project #2 is a text amendment to provide for a clarification on the residential height requirements within the Specific Plan area. No development is proposed, no site is disturbed, and no improvements are required through the proposed action of amending the Specific Plan text. Currently, The North Gate Specific Plan Area has areas that are within an Earthquake Fault Zone (formerly known as Alquist Priolo Special Study Zone), and as such structures for human occupancy may have further structural requirements in addition to the proposed design criteria. This proposed amendment would not allow development where the current zoning and General Plan do not currently allow development, therefore it will not increase the exposure of people or structures to potentially substantial adverse effects to the geology and soils of North Gate.There 12 Potentially Significant PotentiallN, Unless Less Than Sismificant Mitiallatioll Slanificant No Impact Incorporated Impact Impact is no evidenceLto est that the allowance of 4 feet with a '3 and 12 pitch roof, as clarified under this text suggest amendment would have any reasonableprobability of significant adverse ,impacts on the physical environment in the area of geology and soils in the Specific Plan area. V11. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? (Source: 5)) X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?(Source: 5)) X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? (Source: 5) X d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and, as a result, would it create a significant hazard to the public or the environment?(Source: 10) X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of apublic airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. (Source: 1) _X f. For a project within the vicinity of a private airstrip., would the project result in a safety hazard for people residing or working in the project area?(Source: 1) X esi 0 g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?(Sources: 5) X h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 5) _X Project#1 —Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winernaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text ol Potentially Significant Potentially Unless Less Than Significant M imulation S i ii i ft c a n t No Impact Incomorated Impact Impact ipate the specific location, size, or characteristics associated with the amendment it is speculative to antic' prospective development of this newly allowed use in the Specific Plan area. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment in the area of hazards and hazardous materials. Project#2 - Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY: No Impact Project #2. is a text amendment to provide for a clarification on the residential height requirements within the Specific Plan area. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would have any reasonable probability of significant adverse impacts on the physical environment in the area of hazards and hazardous waste in the Specific Plan area. VIII. HYDROLOGY AND WATER QUALITY—Would the project: "ga a. Violate any water quality standards or waste discharge requirements?(Source: 1) X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?(Source: 5) X c. Substantially alter the existing drainage pattern of the site or area, including -through the alteration of the course-of a stream or river, in a manner that would result in substantial erosion or siltation on-or off-site? (Source: 5) X d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface run-off in a manner that would result in flooding on-or off-site? (Sources: 5) X e. Create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted-runoff? (Sources: 5) X f. Otherwise substantially degrade water quality? (Source: 5) X g. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation 14 Potentialiv Slgni ficant Potentialiv Unless Less Than Significant Nfitio-atioll .Simi ficant No Impact Incorporated In act Impact map'? (Sources: 5) X h. Place within a 100-year flood hazard area structures that would impede or redirect flood flows?(Sources: 31 0.1 5) X i. Expose people or structures to a significant risk of loss. injury or death involving flooding, including flooding as a result of the failure of a levee or dam?(Sources: 5) X j Inundation by seiche, tsunami., or mudflow? (Source: 5} _X Project#1 —Text Amendment to Specific Plan Allowing Limited Wine ma king/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winernaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment I it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Specific concerns associated with water quality and hydrology for limited winemakinEr/winery operation in the North Gate area would be addressed on individual project basis through the land use permit application process. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse i acts on the physical environment on the hydrology and water quality in the Specific Plan area. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height Project #2 is a text amendment to provide for a clarification on the residential height requirements within 01 the Specific Plan area.The North Gate Specific Plan Area does contain areas, some of which are residential properties that are in the 100-year flood hazard area.There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would adversely affect the physical environment in the area of hydrology and water quality in the Specific Plan area. Ix. LAND USE AND PLANNING—Would the project: a. Physically divide an established community? (Sources: 5) X b. Conflict with any applicable land use plan, policy, or the regulation of an agency with Jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or nutigating an environmental effect? (Sources: 1, 2,3, X 10 15 Potentially Sismificant Potentlailv Unless Less Than Significant Minuation Sivnificant No impact incorporated Impact Impact c. Conflict with any applicable habitat conservation plan or natural community conservation plan? (Source: 1) X Project#1--Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winerriaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. The text amendment would neither result in physically dividing an established community, nor conflict with any applicable habitat conservation plan or natural community conservation plan since, as no such plans exist in the North Gate area. A limited wine making/winery operation is allowed under a land (conditional) use permit in all County agricultural zoning districts. The text amendment would extend this conditional use to similarly zoned properties within the North Gate Specific Plan area, and therefore would remove a conflict between Specific Plan and zoning. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact The proposed text amendment to the North Gate Specific Plan seeks to clarify the 25-foot residential building height requirements for most of the lots in the Plan area. The proposed amendment does not apply to lots fronting North Gate Road and Castle Rock Road. There are three places in the North Gate Specific Plan that refer to maximum residential building height. The first place is under Land Use Regulations, page 9, where it states "New homes should be one or two stories, no higher than 25 feet." The second place is under Development Regulations on page 18, where it states "The height limit for all new residential structures shall be two stories, no higher than 25 feet. It is the third reference to maximum residential building height that causes the need for this amendment. Under Land Use Regulations, on page 10, the Plan states "All new construction will have to comply with the City's 25 foot height limit". The City of Walnut Creek has a different definition of the ',25 feet height t) I'D limit than the County. This difference is not stated in the Plan, which has caused some confusion among some of the residents of North Gate. According to the City's zoning code the maximum residential height allowed is 25 feet, with the provision that the height may be increased by four feet if at least 75% of the horizontal roof area maintains a minimum pitch of 3):12 or greater. The County has no such provision in its code. Since the inception of the Plan in 1991 it has been the practice of the County to clear building permits for residential structures over 25 feet, to a maximum height of 29 feet, if the plans had the City of Walnut Creek's stamp on them. This is done in recognition of the City's provision for residential height. I6 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No In act Incomorated Impact Iffmact To make the North Gate Specific Plan consistent with itself and to bring it into alignment with County practice's, staff is recommending that the County amend the North Gate Specific Plan to include the Citv's provision for height by inserting an asterisks next to each of the three references noted above with a footnote to read as follows: In accordance with the City of Walnut Creek's definition of building height, height may be increased by four feet in at least 75%of the horizontal roof area maintains a rmnimurn pitch of.-3:12 of greater. Based on a review of the proposed text amendment there is no substantial evidence that the text amendment would have any reasonable probability of significant adverse impacts on or conflict with existing Specific Plan standards. X. MINERAL RESOURCES—Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: 1) X b. Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Source: I) X Project#1—Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winernaking/winery as an allowed use under a land use permit.It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment it is speculative, to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. There are no known mineral resources of value to the region or state located within the North Gate Specific Plan area. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment on mineral resources. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height ,SUMMARY-No Impact Project#2 is a text amendment to provide for a clarification on the residential building height requirements within the Specific Plan area. There are no known mineral resources of value in the area. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would have any reasonable probability of significant adverseimpacts on the physical environment in the area of mineral resources in the Specific Plan area. 17 Potentially slunificant Potentially Unless Less Than Significant Mitivation Sivnificant No OF V M Impact Incorporated Impact impact X1. NOISE—Would the project result in: a. Exposure of persons to or generation of noise levels in 4".- excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?(Sources: 5) X b. Exposure of persons to, or generation of., excessive ground borne vibration or ground borne noise levels? (Source: 5)) X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without theproject? (Sources: 5) X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 5) X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?(Source: 1) X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?(Source: 5) X Project#1—Text Amendment to Specific Plan Allowing Limited Wine making/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. A limited winemaking/winery operation involves processing of agricultural product, which inherently creates noise, but there is not evidence to suggest that such noise is any greater than noise from existing agricultural uses within the North Gate area. Specific concerns associated with noise for a limited winemaking/winery operation in the North Gate area would be addressed on individual project basis.through the land use permit application process(e.g. hours of operation, facility location, etc.). Based on a review of the proposed text amendment, there is no substantial evidence that it would have any reasonable probability of significant adverse impacts on the physical environment on the noise levels within the Specific Plan area. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY: No Impact Potentially Sivnificant Potentially Unless Less Than Significant Mitigation Significant No IEMact Incolporated Impact Impact Project#2 is a text amendment to provide for a clarification on the 25-foot residential height requirements within the Specific Plan area. There is no evidence to suggest that the allowance of 4 feet with a .3 and 12 pitch roof, as clarified under this text amendment., would have any reasonable probability of significant .0 adverse impacts on the physical environment in terms of the noise levels in the Specific Plan area. physical XII. POPULATION AND HOUSING—Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure).?(Source: 5) X b. Displace substantial numbers of existing housing, necessitating the constniction of replacement housing elsewhere? (Source: 5) X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source: 5) X Project#1 —Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development.Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Since no development is proposed through the text-amendment there is no increase in the demand for housing and text amendment would not result in displacement of housing. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY: No Impact Project#2 is a text amendment to provide for a clarification on the 25-foot residential height requirements within the Specific Plan area. The proposed text amendment will not have an effect on population and housing in the North Gate Specific Plan Area. No development or construction is enabled through the amendment. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment., would adversely affect the demand for housing in the Specific Plan area. XIII. PUBLIC SERVICES a. Would the project result in substantial adverse physical 19 Potentially Significant Potentially Unless Less Than Significant Mitigation Sionificant No Impact incorporated In2pact Impact impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities., the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? (Sources: 5 1. Fire Protection? X I . Police Protection'? X J. Schools? X 4. Parks? X 5. Other public facilities? X Project#1—Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land sp Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited w*nemaking/winer 'y as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. The text amendment would not have significant impacts on the service districts or other public facilities within the Specific Plan area. The proposed text amendment does not increase population of housing and therefore could not *increase the demand for public services. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Project#2 is a text amendment to provide for a clarification of the 25-foot residential height requirements within the Specific Plan area.The North Gate Specific Plan Area is a community with existing services. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would adversely affect the physical environment in terms of service districts or other public facilities within the Specific Plan area. XTV. RECREATION a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?(Source: 5) X b. Does the project include recreational facilities or -)o Potentialk, Swilifficant Potentia liv Unless Less Than Significant (Mitigation No I *IN I nipact I ncolporated I nipac t Impac require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? (Source: 5) _X Project#1—Text Amendment to Specific Plan Allowing Limited Wine ma king/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a limited winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location, size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. The text amendment would not result in an increase in density of residential homes and therefore will not increase the demand for recreational facilities. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY: No Impact Project#2 is a text amendment to provide for a clarification of the 25-foot residential height requirements within the Specific Plan area. The proposed Specific Plan amendment will not result in an increase of density of residential homes and therefore will not increase the demand for recreational facilities. Based on a review of the proposed text amendment there is no substantial evidence that the text amendment would have any reasonable probability of significant adverse impacts on the physical environment in the area recreation. Xv. TRANSPORTATION/TRAFFIC—Would the project: a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to -9 4? capacity ratio on roads, or congestion at intersections. (Source: 5) _X b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Source: 11, 5) X c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources-, 1, 5) X d. Substantiallv increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or Z:� Potentially Siunificant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact I n3pac incompatible uses(e,g. farm equipment)?(Source: 5) X e. Result in inadequate emergency access?(Source: 5) X f. Result in inadequate parking capacity?(Sources: 5) X Conflict with adopted policies, plans or programs supporting alternative transportation (e g..., bus turnouts, bicycle racks)? (Sources: 1) X Project#1--Text Amendment to Specific Plan Allowing Limited Wine making/Winery Under A Land Use Permit SUMMARY: No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a lirrn'ted winernaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text arriendmentl it is speculative to anticipate the specific location, size., or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. Specific concerns associated with traffic generated by a limited winemaking/winery operation in the North Gate area would be addressed on individual project basis through the land use permit application process. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment associated with traffic in the Specific Plan area. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height ,SUMMARY: No Impact Project #2 is a text amendment to provide for a clarification of the 25-foot residential height requirements within the Specific Plan area.North Gate has an established road system to access its residential community. There is no chane to traffic or transportation being proposed with this project as no development is proposed. The project does not create additional traffic or modify the existing level of service. There is no evidence to suggest that the allowance of 4 feet with a 3 and 12 pitch roof, as clarified under this text amendment, would adversely affect the physical environment associated with traffic in the Specific Plan area. XVI. UTILITIES AND SERVICE SYSTEMS—Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source: 5) X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?(Sources: 5) X C. Require or result in the construction of new storm water drainage facilities, the construction of which could cause significant envirom-nental effects? (Source: 22 Potentially Sit.rnificant Potentially Unless Less Than Slimificant Mitinnoll Sitynificant No Impact Incorporated in_impact Impact 5) —X d. Have sufficient water supplies available serve the project from existing entitlements and resources, or are new or expanded entitlements needed?(Source:D-) e. Result in a determination by the wastewater treatment provider that serves or may serve the project that it has .1 03 adequate capacity to serve the project's projected demand in addition to the provider's existing coninutments? (Source: 5) —X f Be served by a landfill with sufficient permitted capacity to accommodate the project's waste disposal needs?(Source: 5) —X g. Comply with federal, state and local statutes and regulations related to solid waste (Source: 1) X Project#1 —Text Amendment to Specific Plan Allowing Limited Winemaking/Winery Under A Land Use Permit SUMMARY:No Impact Project #1 is a proposed text amendment to the North Gate Specific Plan that would allow limited winemaking/winery as an allowed use under a land use permit. It is regulatory in nature and does not confer any entitlement or approval of development. Although future development of a 11MI'ted winemaking/winery operation in the Specific Plan area under the land use permit process may occur as a result of the text amendment, it is speculative to anticipate the specific location., size, or characteristics associated with the prospective development of this newly allowed use in the Specific Plan area. It is noted that in the land use permit process an applicant for a limited winemaking/winery operation will need to demonstrate that there are sufficient water supplies, can meet the wastewater discharge standards, and appropriately address the County's stormwater requirements before the land use permit may be issued. Specific concerns associated with utilities and service systems for a limited winemaking/winery operation in the North Gate area would be addressed on individual project basis through the land use pe=*t application process. Based on a review of the proposed text amendment, there is no substantial evidence that the project would have any reasonable probability of significant adverse impacts on the physical environment associated with utilities and service systems in the Specific Plan area. Project#2- Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY.- No Impact Project#2 is a text amendment to provide for a clarification of the 25-foot residential height requirements within the Specific Plan area and it does not modify current existing utilities and services. There is no increase in the need to expand the current utilities and services because there is no construction improvements proposed with this project. There is no evidence to suggest that the allowance of 4 feet with a and 12 pitch roof, as clarified under this text amendment, would adversely affect the physical environment associated with utilities and service systems,in the Specific Plan area. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the Potentially Sitynificant 0 Potentially Uniess Less Than Significant Mitigation Significant No C: Impact Inco132orated Impact In_ matt quality of the environment, substantially reduce the habitat of a fish and wildlife species., cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California X history or prehistory9 b. Does the project. have impacts that are individually limited, but cumulatively considerable'? (Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future X projects)? c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X Project#1—Text Amendment to Specific Plan Allowing Limited Wine ma king/Winery Under A Land Use Permit SUMMARY:No Impact Project#2-Text Amendment to Specific Plan Clarifying Maximum Residential Building Height SUMMARY:No Impact Con+e& Cc)s4vk,, i #i 'I H E TIMES CLASSIFIED Pula LIc CA-T F Ir 2_0 V,-F.up.-It, 0.1 sop"" s L Notice available on Tuesday,No- vember 15,2005, at 12:30 p.m.in Room 108,Admin- istratibn Ruilding, 651 1A.)R D A N 0 V E M B E R 5 2005 C E F23 Pine Street,Mat�tinez,CA., to rncet with any Interest- - ed persons in order to(1) at isvver questions: (2)re- view the hearingroce- dur es used by the Board; (3) clarify the issues be- ing considered by the Beat d;and,(4)provide an oppurtunity to Identify, i resolve, or narrow any differences which remain in dispLite. if you wish to attend this meeting with staff. please call Patrick Roche,Community Devel- opment Deppartment, at (925) 335-1242 by 3:00 ap.in. on Monday, Novem- er 14, 2005.to confirm your participation. Date:November 2,2005 JOHN SWEETEN,Clerk of the Board of the Board of HOTiCE OF PUBLIC Supervisor and County �:�R�N�����C�t tl�lE�`�' Administrator ■i -i •- »�wf M.9.;f OR*i 13 ,�,r"en+nr� ..�nrea.� BOARD OF SUPERVISORS BY:Katherine Sinclair, AN PLANNING MATTERS Deputy Clerk Legal CCT 4141 WALNUT CREEK AREA Publish November 5,2005 Notice Is hereby given MA1ICE OF PUBLIC that on Tuesday, Novem- HEARING BEFORE THE bpi 19,2005 at 1:00 p.m., CONTRA COSTA COUNTY In the County Administra- 130ARD OF.SUPERVISORS tion BulldinBoard ON PLANNING MATTERS Clambers,651%ne Street (Corner f Pine and WALNUT CREEK AREA Escobar Streets), Marti- nez,California,the Cancra hat on Tuesday, Novem- Cvsta County Board of �er 159 2005 at 3:20 p.m-. Supervisors will conduct apublic hearinito con- In the Caun .Admir�stra- skier the following plan- clan Building, Board ning matter: Chambers,651 Pine Street (Corner of Pine and AMENDMENT TO THE Escobar Streets), Marti- NORTH MATE SPECIFIC nez,California,the Contra PLAN - ALLOW LIMITED Costa County Board of W I N E M A K I N G f W I N E R Y Supervisors will conduct USE AS A CONDITIONALLY a ubilc hearing to con- PERMITTED E (Cps my siderppthe fallowing plan- Flle:SP#04-0001).This Is a ning matter: g ropposal to amend the AMENDMENT TO THE orth Gate Specific Plan t0- allow a limited NORTH GATE SPECIFIC winemasaingtwinery oper- rl.AN-CLARIFICATION ON ation a conditionally MAXIMUM RESIDENTIAL per Is tied use,and to es- BUILDING "EIGHT RE- 1 h the slz , location UIREMENTS ' (Runty roduct on threshold ie:SP#05-0001):This is a and p i requirements for suchFlorth ropposal to. amend the wlnemaking/winery o er- Gate Specific Plan ations In the North Gate to clarify.the 25-foot max- area, Imum residential building height requirements as The North Gate Specific they are stated in the Plan area extends from specific Plan' the intersection of North The North Gate Specific Gate Road and Castle Rock Road south to the Plan area,extends ,from ublic parklands and the intersection of North p Road and Castle Gate hen east to the City of Gato the Walnut Creeks� sphere of Rack Road South influence boundary. The ublic parklands and ro osed Specific a rheic east to the City of proposed dment o.the North Walnut Creeks sphere of Gate Seclflc Plan would influence boundary. The appl fo the unincor o- proposed specific Porn rated territory of the amendment to the North County of Contra Costa, Gate Secific Plan would State of California. apply the unlncorpo- ratet~i territory of the For the purposes of com- G aunty of Contra Costa, pilanre with the prravl- tate of California. slons of the California En- Foroses of coni- . vlranmental Quality Act the perp (CE A) a Negative Dec a• piiat�ce with the rovl- ratlo has beenprepared Bions of the California En- vironmental Quality Act for th s project. (CEQA) a Negative t�ecla- If you challenge this inat- ration bias been prepared ter In Court, you may be, for this project. Ilnilted to raising only if you challenge this mat- those Issues you or ter In Court, you may be someone else raised at limited to raising only the public hearing descr!- those issues you or bed In the notice, or In someone eine raised at written correspondence. the public hearing descri- Prior to the hearing,Com- bed In the notice, or in munity Development Cie- written correspondence, partment staff will be Prior to the hearing,Com- munity Developmt De- partment staff will be available on Tuesday,No- vember 15,2005, at 12:30 rrn.in Room 108,Admin- aration Building, 651 Pine Street,Martinez,CA, to meet with any Interest- ed persons in order to(1) answer questions; (2)re- view the hearing proce- dures used by the Board; (3) clarify the Issues be- Ing considered by the Board,,and,(4)provide an opportunity to Identify, resolve, or narrow any differences which remain in dispute. if you wish to attend this meeting with staff, please call John oborne, Community De- velopment Department at (_.25) 335-1207 by 3:0d Um. on Monday", Novem- r 14, 2005 to confirm your participation. Date:November 2,2005 JOHN SWEETEN,Clerk of the Board of the Board of Supervisor and County Administrator BY:Katherine Sinclair, Vep,uty Clerk Legal CCT 4142 Publish November 5,2005 NOTICE OF A I -] J1 Jll( 11K1iL][ 1i 1(j You are hereby notified that on.TUESDAY, JULY 1 _2005 at 7:00 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the County Planning Commission will consider AMENDMENTS TOTHE NORTH GATE SPECIFIC PLAN as described as follows: The project involves the following finro separate amendments to the North Gate Specific Plan: A. County File#SP040001: The first amendment is a proposed text amendment to the North Gate Specific Plan that would include limited winemaking or small winery as a conditional use within the Specific Plan area. B. County File#SP050001:The second amendment is a proposed text amendment to the North Gate Specific Plan that seeks to clarify the 25-foot maximum residential building height requirements as they are stated in the Specific Plan. For purposes of compliance with the provisions of the California Environmental Quality Act(CEQA), A Negative Declaration of Environmental Significance (no Environmental Impact Report required) has been issued for this project. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or John Oborne at 925-335-1207. Dennis M. Barry, AICP Community Development Director