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HomeMy WebLinkAboutMINUTES - 05151990 - 2.1 TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon Director of Community Development ,j Dyitra� Costa DATE: May 15, 1990 �,;==�` � R'lt� d"cbiiLIQ �1r SUBJECT: North Gate Area MOU SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the attached .Memorandum of Understanding between the County and the- City of Walnut Creek. FISCAL IMPACT The MOU commits the County to undertake preparation of a Specific Plan for the North Gate Area. Staff efforts to accomplish this will be contributed by both the County and the City of Walnut Creek. BACKGROUND/REASONS FOR RECOMMENDATIONS The Walnut Creek Liaison Committee is made up of Supervisors Schroder and McPeak, Mayor Gail Murray and Councilwoman Evelyn Munn. They have spent several meetings working with staff to develop a Memorandum. of Understanding on the regulation of development in the North Gate Area. The MOU covers a primary area of over 350 acres for which a Specific Plan. shall be developed. A secondary area covers over 2,000 acres of Williamson Act lands. The MOU would require concurrence of both the County and the City . of Walnut Creek for General Plan Amendment considered for this secondary area. The MOU also covers issues. of Equestrian Trails, the North Gate Road Scenic Route and street standards for North Gate Road. On April 17 , 1990, Supervisors Schroder and McPeak forwarded a report to the Board asking for Board direction on whether a Specific Plan should be adopted for the area and if an interim ordinance should be developed to limit new rezonings in the area until a Specific Plan 'was adopted. The Board concurrednin this approach. CONTINUED ON ATTACHMENT: X YES SIGNATURE- ; RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND 011/BOARD COMMITTEE APPROVE OTHER 1` SIGNATURE(S) : ACTION OF BOARD ON May 15, 1990 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY. THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT': ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED May 15, 1990 County Administrator PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS County Counsel COUNTY ADMINISTRATOR BY ° , DEPUTY JL_7�1� 17�- cjc8/jb/ngatarea.bos The attached MOU is consistent with that Board direction. I am asking the Board approve the attached MOU. The Interim Zoning Ordinance is scheduled for May 22, 1990 at 2: 00. Staff will notify all affected property owners of that hearing. r ' M cs. 0 tL� p � 2 ..�1 z 40 U3 V) 4 La o � � n� o WW J Q9 !L EXISTING TRAIL •••••• PROPOSED TRAIL ( Location schematicrl ) ,\ STAGING AREA rCC fill I IJ I rj PRIMARY AREA r FIG. 2 R°ad ,� ..•to r :, _ , c • J a\ ;_--- "� •,f North- r r •1 J (a�-.moi. - -.. f5t '; \• •'�- •tom► O i1• _ r 22 ter. �r r H •�•. � r ;.�J—.� _ t—� � Ib Primary x ,u. of :•� 1 r AreavAe ""`. sem,,, �_ .J�''•' 27 r � c f77 •• - ,1-•- 7iI • -�... �; .:' Secondary Area ..... r, ti _._.. , •\.•.�• • 1 ••". _'• • '•1�Y�S .1✓� fes`• 0�..V$ 4 .. • '` ` ,. ---fir- '..../ _ ��� � •- � '�.\ fig �;0 v.M s.e FIG, 1 NORTH GATE AREA MEMORANDUM OF UNDERSTANDING Page 6 D. NORTH GATE ROAD SCENIC ROUTE The County General Plan designates North Gate Road as a Scenic Rural Recreation Route. The Walnut Creek General Plan designates North Gate Road as an "auto oriented scenic corridor." The intent of both designations is to protect the scenic quality of the area as perceived by driving the road. While it is not possible to determine specific conditions of approval in this MOU, it is the desire of both jurisdictions to insure that new subdivision applications which are submitted abutting North Gate Road have streetscape plans submitted as part of those applications. Landscaping, fencing, and pathways shall be included within these. streetscape plans. They shall be submitted using the street standards found in Section E below. E. STREET STANDARDS For all new projects submitted on North Gate Road the street . standards shown on Figure 3 shall be utilized unless a variance to these standards is approved following consultation with the other party. IV. SPECIFIC PLAN A. The parties .intend that a Specific Plan be jointly developed and applied to the primary and secondary areas. The County shall be the lead agency in the preparation of the plan and environmental review. (In the event that the County is unable to perform the duties of the lead agency, the City shall be the lead agency in the preparation of the plan and environmental review, and shall be responsible for the hiring -- and payment of a consultant to prepare the plan. Each party shall contribute staff to work on this project.) B. The Joint Planning Committee, made up of two members of the Walnut Creek City Council and two members of the Board of Supervisors, shall continue in existence and shall provide policy guidance to staff members working on the plan. C.. Following adoption of the Specific Plan, the Joint Planning . Committee shall review and make recommendations concerning any proposed amendments to the Specific Plan or the General Plans of the City and County affecting the Primary or Secondary area. D. The Specific Plan is intended to be considered for adoption by each party prior to November 1, 1990. doc 212 [plg 2) NORTH GATE AREA MEMORANDUM OF UNDERSTANDING Page 5 b. Conditionally Permitted Uses Home occupations; Commercial greenhouses; Second dwelling units; Publicly owned buildings and structures; Horse riding academies, horse riding instruction, commercial stables. c. Prohibited Uses Medical and dental offices;' Churches and religious institutions (including private schools) ; Commercial nurseries; Commercial radio and television receiving and transmitting facilities; Hospitals," eleemosynary and philanthropic institutions and convalescent homes C. EQUESTRIAN TRAILS;:..':: Both the City and the County are desirous of a new .equestrian trail connection from the terminus of Trails End Drive, through the Pine Creek Detention Basin to Mt: Diablo State Park. That trail shall cross the Pine Creek Detention Basin property and connect to excess county property in•a ` southeasterly direction. The trail connection and a small trail staging area along North Gate Road shall be reserved on this excess county (flood control) property prior to the disposition of that property for development: Figure 2 shows the schematic location of these facilities; the exact location may vary slightly from the line on the map. The intent is to insure that a trail and staging area is built following this general location and alignment. Other feeder trails will be considered on a project by project basis or defined as part of a specific plan process. NORTH GATE AREA �J MEMORANDUM OF UNDERSTANDING Page 4 2. The Ordinance prepared by the County: will apply to the unincorporated lands within the Primary Area. will apply to rezonings and other development applications received after March 19, 1990. shall provide that no rezoning applications will be received or processed while the ordinance is in effect. shall provide that the uses described in paragraph a, below, shall be the permitted uses in the primary area while the ordinance is in effect. shall provide that the uses described in paragraph b, below, shall be permitted with a conditional use permit in the primary area while the ordinance is in effect. shall prohibit those uses described in paragraph c, below, in the primary area while the ordinance is in effect. a. Permitted Land Uses Single family dwellings, accessory structures, and auxiliary uses; Publicly operated parks and recreational facilities; Private greenhouses, gardens, orchards; The raising of poultry, rabbits and other small animals where such animals are primarily for the use of the residents of the premises upon which such animals are kept and not for resale or distribution; The keeping of livestock, as per the County's A-2 zoning requirements. 3 NORTH GATE. AREA MEMORANDUM OF UNDERSTANDING Page 3 2. City of Walnut Creek The Walnut Creek General Plan, adopted February 22, 1989, designates the land within the City boundary for Single Family Medium (3-6 du/ac. ) ,and Single Family Low (1-3 du/ac. ) residential development. The plan designates land within the unincorporated portion of the primary area as Single Family Very Low which permits a density of 0.1-1.0 du/ac. Development within this General Plan density range would be "typically large lot, single family homes. Maintaining crops, livestock, orchards, stables or other farming activities for commercial purposes may be permitted, depending on such impacts as proximity to adjacent development, noise, traffic and odors." The area is intended as a transition between open space or agricultural preserve areas and low density single family, development. B. LAND USES Both the City and the County will initiate an. Interim Ordinance under Government Code Section 65858 which will regulate the land uses in the primary area pending the completion of a Specific Plan for the North Gate Area. The proposed ordinances are intended to remain in effect until the Specific Plan described in Section IV of this MOU is ' adopted by both parties. 1. The Ordinance prepared by the City: will apply to land within the incorporated City of Walnut Creek. will apply to rezonings and other development applications received after March 19, 1990. shall provide that no rezoning applications will be received or processed while the ordinance is in effect. shall allow only those uses permitted in the R-12 and R-20 zones. { NORTH GATE AREA MEMORANDUM OF UNDERSTANDING Page 2 2. City .of Walnut Creek The northwest portion of the primary area has been subdivided into R-12 and R--20 single family residential parcels ranging in size from 12,000 to 20,000 square feet. Most of the area has been developed. There are, however, a few larger parcels which could be subdivided. The density in this area cannot be increased because Measure H prohibits rezoning to a higher density. B. SECONDARY AREA This 2028 acre area is located entirely within the County and is designated for agricultural and open space purposes in both the County and City General Plans. The site is governed by a valid Williamson Act contract and is committed to continued agricultural uses. It is the intent of both the County and the City to continue agricultural, open space, or park uses in this area. The only provision of this MOU which applies to this secondary area is the requirement-that any applications for General Plan Amendments be reviewed by both jurisdictions. It is the intent of the parties that the secondary area remain in the uses referred to in the previous paragraph. III. POLICIES AFFECTING THE .NORTH GATE AREA A. GENERAL PLAN It is the desire of the City and County that the cooperative planning process described in this Memorandum of Understanding will lead to, the goal that no general plan amendments for the primary or secondary areas will be approved without a majority agreement of both the Walnut Creek City Council and the Contra Costa County Board of Supervisors. 1. Contra Costa County The County General Plan for this area was established in the 1978 South Ygnacio General Plan Amendment. That plan is being carried forward into the proposed Countywide General Plan with only minor technical changes. The proposed Countywide Plan is expected to be adopted in 1990. Suburban densities are shown in the northwest portion of the study area, largely on lands within the City limits (in 1990) . The remaining area is shown as Single Family Residential Very Low Density, permitting lots ranging in size from one to ten acres. The policies stated in the proposed plan for the North Gate Area (p. 81) indicate that a "compact population is not appropriate" and that the character of the area "is to be rural." The policy further states that "lots larger than one acre are desirable and may be required on slopes of more than 15%. Keeping livestock for pleasure is appropriate in this area." NORTH GATE AREA MEMORANDUM OF UNDERSTANDING I. PURPOSE AND INTENT The North Gate Area is characterized by low density residential development and agricultural and equestrian activities. The County of Contra Costa and the City of Walnut-Creek have agreed that these characteristics should be protected. The intent of this Memorandum of Understanding is to establish policies for the preservation of the North Gate Area, and to coordinate any future policy changes or land use amendments affecting this area. II. DESCRIPTION OF THE AREA A. PRIMARY AREA The primary area covered by this MOU extends from the intersection of North Gate Road and Castle Rock Road to the south to publid1park lands, and extends east to the Walnut Creek sphere of influence boundary. The boundaries are shown on Figure 1 attached.. The primary area covers approximately 356 acres. A portion of it is developed with suburban density housing; the remainder of the area is rural. 1. Contra Costa County The majority of the County land' is rural in nature, although there are a few parcels which have been developed to suburban densities. Directly to the east of the City municipal boundary is an 88-unit clustered planned residential development with provisions for the keeping of 40 horses. Portions of the rest of the area have been rezoned to R-40 and R-65, Single Family Residential, which permits individual homes on one and 1 1/2 acre lots respectively. The remaining land is zoned A-2, General Agricultural District, which permits .a variety of agricultural uses. Some of the existing homeowners desire to rezone and develop these parcels now that. the Contra Costa County-Water District has formed an assessment district to make water available in"these areas.