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HomeMy WebLinkAboutMINUTES - 02052008 - C.63 (2) • F :.L G G-3 T0: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: FEBRUARY 5, 2008 SUBJECT: AUTHORIZATION FOR GENERAL PLAN AMENDMENT STUDY FOR ASSESSOR PARCEL NO. 001-041-002, LOCATED AT 5160 CLIFTON COURT ROAD, BYRON AREA, TO REDESIGNATE FROM DELTA RECREATION AND RESOURCES(DR)TO AGRICULTURAL LANDS (AL) (COUNTY FILE: GP#08-0001) (DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE a General Plan Amendment study for Assessor Parcel No.001-041-002 located at 5160 Clifton Court Road in the Byron area to consider change in General Plan land use designation from Delta Recreation and Resources (DR) to Agricultural Lands (AL). 2. ACKNOWLEDGE that granting authorization for this request does not imply any support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON 2,jef APPROVED AS RECOMMENDED _.2C O R _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P. Roche, CDD-AP(925)335-1242 ATTESTED cc:CDD JOHN CULLEN, CLERK THE BOARD OF Public Works Dept. SUPERVISORS AND COUN ADMINISTRATOR CAO County Counsel Byron Municipal Advisory Council W.Medeiro(via CDD) BY PUTY R. McMillen(via CDD) M.Chavez(via CDD) 6�51 G� February 5, 2008 Board of Supervisors County File: GP#08-0001 (GPA Study Request, 5160 Clifton Ct. Rd., Byron) Page 2 FISCAL IMPACT None. If authorization is granted the applicant shall pay fees to cover the cost for a General Plan Amendment study. BACKGROUND / REASONS FOR RECOMMENDATION The Community Development Department is in receipt of a request from Wally Medeiros for a General Plan Amendment study involving Assessor Parcel No. 001-041-002, located at 5160 Clifton Court Road in the Byron area. Mr. Medeiros is one of three parties with real property interest in Assessor Parcel No. 001-041-002,which is 24.7 acres in size. Mr. Medeiros is proposing a General Plan Amendment study to consider a change in the General Plan land use designation for the 24.7 acre property from Delta Recreation and Resources (DR)to Agricultural Lands(AL). See Exhibit"A"for a copy of letter from Mr. Medeiros' letter, requesting the General Plan Amendment study authorization. The subject site is currently designated as Delta Recreation and Resource (DR) under the Land Use Element Map, it is zoned in the A-2: General Agricultural District, and it is entirely outside the Urban Limit Line. As explained in his letter, Mr. Medeiros and the other parties of real interest in Assessor Parcel No. 001- 041-002 desire to subdivide this 24.7 acre property into three parcels. A subdivision of this property, however, would be inconsistent with the County General Plan due to the existing DR land use designation. The Subdivision Map Act bars a local agency from approving a tentative map or parcel map unless the legislative body can find that the subdivision, together with the provisions of its design and improvement, is consistent with the local agency's General Plan. Mr. Medieros and the other parties of real interest in Assessor Parcel No. 001-041-002 had been previously advised by the Community Development Department that a subdivision of this property into three parcels would be inconsistent with the General Plan because it would create three parcels below the twenty(20)acre minimum mandated under the DR land use designation. They were advised that a General Plan Amendment to re-designate the property to Agricultural Lands (AL), which establishes a 5-acre minimum parcel size, would first be necessary in order to secure the County's approval of a three parcel subdivision. The location of Assessor Parcel No. 001-041-002,which is the subject of the General Plan Amendment study authorization request, is depicted in the maps and aerial photo, respectively, attached as Exhibits "B" and "C" to this report. The 24.7 acre property is located at the far end of Clifton Court Road just east of the Lazy M Marina. The property is proximate to the Clifton Court Forebay, and is bordered on the west and north by a water canal (more generally known as Italian Slough). A high tension electrical power line and easement traverse the property. There are three separate residences on the property. The property's soil is clay based (Class IV soils under the USDA Soil Survey of Contra Costa County) and current aerial photographs of the property strongly suggest it is now mostly saline-alkai. The soil conditions together with the high tension electrical power provides for limited options in terms agricultural production on the property. Staff believes that the request for a General Plan Amendment study to consider the re- designation of the subject property to Agricultural Lands (AL) is reasonable given that there is a substantial question about whether the property, based on it location and soils type and condition, truly fits the characteristics of lands typically designated as DR under the General Plan. Staff recommends that the General Plan Amendment study be authorized. Authorization for this study, however, does not imply support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. February 5, 2008 Board of Supervisors County File: GP#08-0001 (GPA Study Request, 5160 Clifton Ct. Rd., Byron) Page 3 Attachments(3) Exhibit A: Letter requesting General Plan Study authorization for property at 5160 Clifton Court Rd.,submitted by Mr. Wally Medeiros on 12/31/2007 Exhibit B: Maps of the Subject Site (APN: 001-041-002), including current General Plan/Zoning designations and proposed General Plan designation Exhibit C: Aerial Photograph of Subject Site F.1GPA Requests\5160clihonctgparequestbo.doc Exhibit A: Letter requesting General Plan Study authorization for property at 5160 Clifton Court Rd., submitted by Mr. Wally Medeiros on 12/31/2007 Dennis M. Barry, Director Community Development Dept. Contra Costa County 651 Pine St, 4th Floor North Wing `' L Martinez, CA 94553 RE: Request for General Plan Amendment Study Authorization for APN: 01-041-002 Dear Mr. Barry, This letter is a request for Parcel No. 001-041-002 to be re-zoned from Recreational to Agricultural Lands. The property is a 24.72 acre site located at 5160 Clifton Court Road in Byron, CA The three owners are: myself, Wally Medeiros, @5160 Clifton Ct Rd, Mr. McMillen@ 5150 Clifton Ct Rd, and Mr. Chavez @5140 Clifton Ct Rd. Enclosed you will find a property map drawn by Benchmark Consultants. We three owners desire to legally subdivide this property in three lots, one 6.18 acre lot, one 6.18 acre lot, and one 12.36 acre lot. The two smaller lots belonging to Mr. Medeiros, and Mr. Chavez, the larger one to Mr. McMillen. I have been advised by your staff that a 3-lot sub division would be precluded by this General Plan designation. I believe that a review of this General Plan is warranted for the following reasons: 1) When the property was purchased in the late 1980's, it was designated as agricultural lands and zoned under the A-2 District. It was purchased based on 5-acre minimum parcel size at that time with the intention of subdividing in the future. 2) There are two existing single family homes on the property built under building permits approved and issued by the County, one owned and occupied by me, the other owned by Mr. Robert McMillen, who holds an undivided interest in the property. 3) In 1991, the county advised that up to 3 home sites on the property could be possible. Copy of letter dated August 13, 1991 attached. 4) There is a PG&E easement crossing the middle of the property for a major power line rendering approximately 9+ acres unusable. The power line effectively limits use of the property or the potential for further land subdivision, leaving approximately 15+acres of the parcel usable. Mr. Barry, I am elderly and disabled, living on my Social Security. My home on this property is my only source of financial security, and it is in need of major repairs, a new roof and installation of wheelchair ramps. I have sought a reverse mortgage to do this, and have been denied as I do not have a separate deed on my property All three owners desire to have the property divided, so as to have a separate deed for each portion. We need relief from the 20-acre minimum in order to subdivide. We are not land speculators and only seek to re-establish the 5-acre minimum parcel size that was in effect when this property was originally purchased. C�3 The Board of Supervisors consideration of this request will be much appreciated by all three owners, being of a more urgent nature for me due to my physical condition and inability to get any funding to make repairs and improve my living situation. Thank you for your timely attention to this matter, as the repairs I speak of are of an urgent nature for me. If necessary I can provide papers and other documents in support of this request for a General Plan Amendment study, and can meet with you and your staff if necessary. In speaking with mortgage companies, I am assured I can get a reverse mortgage on my property, if I can get the separate deed. Thank you again, for your help. Respectfully, Wally Medeiros 5160 Clifton Ct. Rd. Discovery Bay, CA (formerly Byron) 925-516.1369 ,y � �N0u'00'00'E 1125.07 TOTAL EXISTING FENCE LINE BASIS OF BEARINGS 254,40 G'� 87,0.67 F P.O.B. S4? Norma ,,iIEDEJROS G SE COR. PRO 25' VID PARCEL �, o ACC S5 NIr UTILITY f�T!` 2 U'i <. HENT ti AREA = 6.12 ACRE M o EXISTING FENCE LINE NO0'00'00'E 896.99 38870 T.P.O.B. — �.�. - - - - - _ ` PARCEL 4 Q :zs IN VV'1 4 �J\)VV 1 /4 SE c r) J1N % � � a N ..o T. E, m "1 CU a L J ^ Y, cu co Lc) o JN/).D. � ,1\/J . ui 3; .a� � m z Q n A.P.N. 001 -041 -002 N n PARCEL ONE TOTAL AREA = 24,72 ACRES W � CD McMJLLEJ\J o McWLL_EN I=A rt^iw i W, AREA = s.J a ACRD- z AREA = 6.18 ACRE o 0 CD 0 CD o 0 m a, t Z cNOUSEHOUSCAR PORT EXIST 343.87 N`N=LINE TOP F BANK Yfi®NS10'40393,00NYY _ US�zf�c c rte" CANAL. NEW PARCEL 4 PLAT TO ACCOMPANY LEGAL DESCRIPTION - EXHIBIT' " D" SCALE: J0B NO.. BENCHMARK CONSULTANTS SOS 'G' STREET ) " — loo, 02-03c SUITE # 6 ANTIOCH, CA 9450 DATE: FILE: MLA:�2f—SURVEYING x MAPPING 0 ENGINEERING (925)757-9035 MAY 2004 102030—LE.DWC 22 C G3 e-X-.0e Exhibit B: Maps of the Subject Site (APN: 001-041- 002), including current General Plan/Zoning designations and proposed General Plan designation e-d"Y Z-S°fl GPA Study Request 5140 -5160 Clifton Court Rd (APN 001-041 -002) Proposed General Plan DR l Clifton Court Rd -- WA SITE AL AL PS Legend Vicinity Ma 0 Site Proposed GP onj 0 Parcels ° P General Plan PS (Public/Semi-Public) \ AL (Agricultural Lands) DR (Delta Recreation) N WA(Water) Map created 1/22/2008 Feet by Contra Costa County Community Development,GIS Group 0 175 350 700 1,050 1,400 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. CGS GPA Study Request 5140 - 5160 Clifton Court Rd (APN 001-041 -002 Current General Plan DR Clifton court•Rd WA SITE AL DR PS Legend Vicinit Ma p Site Byron Parcels P. General Plan r PS (Public/Semi-Public) AL (Agricultural Lands) DR (Delta Recreation) N WA(Water) Map created 1/22/2008 Feet by Contra Costa County Community Development,GIS Group 0 175 350 700 1,050 1,400 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. io C•G3 2-s-o8 GPA Study Request 5140 - 5160 Clifton Court Rd (APN 001 -041 -002) Zoning Map A-3 Clifton Court Rd SITE A-2 Vicinitv Ma A-4 Legend Byron 0 Site P. = Parcels Zoning A-2 (General Agriculture) A-3 (Heavy Agriculture) N A-4 (Agricultural Preserve) Map created 1/22/2008 Feet by Contra Costa County Community Development,GIS Group 0 175 350 700 1,050 1,400 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. 2 -s•o8 Exhibit C: Aerial Photograph of Subject Site C-1113 GPA Study Request 2-s-Q8 5140 - 5160 Clifton Court Rd (APN 001-041 -002)-- - Aerial 01-041 -002)-_ _Aerial Photograph - SITE I! t .. ti } Vicinit Ma Byron C'.D.P. , , Legend Q Site N 0 Parcels Map created 1/22/2008 Feet by Contra Costa County Community Development,GIS Group 0 75 150 300 450 600 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.