HomeMy WebLinkAboutMINUTES - 05221990 - H.3 s 11. 3
TO: BOARD OF SUPERVISORS Contra
FR'#:4: Harvey. E. Bragdon •,
C )sta
Director of Community Development ..•
�r cclrty
DATE:: May 16, 1990
SUBJECT: North Gate Urgency Interim Ordinance
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the ordinance entitled "Urgency Interim Prohibition and
Regulation of the North Gate Land Uses."
2. Authorize the Director of Community Development to file a
Notice of Exemption on the ordinance.
3 . Schedule June 26, 1990, for an additional public hearing on
extension of this ordinance.
FISCAL IMPACT
The only costs for adoption of this ordinance are for publication
and public notice; those costs have already been incurred. The
extension hearing will entail a second publication and public
hearing notice.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On April 17 , 1990, the Board' s Walnut Creek Liaison Committee
members (Schroder & McPeak) presented a report to the Board of
Supervisors asking for direction if a MOU should be adopted
requiring a specific plan, and if an urgency interim ordinance
should be adopted regulating development in the North Gate Area
until that specific plan was adopted. The Board concurred with
that committee recommendation. 7
On March 15, 1990, the Board adopted the MOU for the North Gate Road Area.
This Urgency Interim Ordinance has been published and all landowners within
the unincorporated areas, based on the Assessor' s Office records, have been
notified of this hearing.
The ordinance makes numerous findings including the conflict between
continuing to process rezoning applications with the North Gate Specific
Plan Area until completion of the Specific Plan which the Board has
authorized to be prepared. Adoption of this ordinance will allow time for
the Specific Plan to be developed and will keep planning options open until
that occurs. March 19, 1990 is referenced in the ordinance as the cut off
date for reviewing previously applied for rezoning and development
applications. That is the date when the Walnut Creek Liaison Committee
first discussed the need for such an ordinance.
The ordinance affects two types of applications: new rezonings and land use
permits, which might be contrary to the intent of protecting the
residcntial and agricultural nature of the area (as specified in Section II
of the ordinance) .
The ordinance specifies that this ordinance is exempt from CEQA and that a
Notice of Exemption on its adoption shall be filed with the County Clerk' s
Office.
Lastly, it is recommended that a follow up public hearing to extend this
ordinance be scheduled for June 26, 1990. The current law requires that
the Urgency Interim Ordinance will expire after 45 days unless it is
extended at public hearing within that 45 day time period. The target date
for completion of the Specific Plan is November 1, 1990. The ordinance will
expire after 45 days on July 5, 1990. Since it is known that an extension
will be required, staff felt it desirable to indicate that fact at this
time and to schedule that extension hearing date.
1 .
i
,s
.rt should be noted that the City Council of Walnut Creek is scheduled to
act on both the MOU and their parallel Urgency Interim Ordinance on May 22 ,
1990 at 7:00 p.m.
CONTINUED ONATTACHMENT: X YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENSA=Q6 OF TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 22 , 1990 APPROVED AS RECOMMENDED x_ OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on an Interim Zoning Ordinance for a portion
of the North Gate study area in the County' s unincorporated boundary.
James Cutler, Community Development Department, presented the
staff report on the proposed ordinance, describing the affected area,
commenting on a proposed memorandum of understanding and specific plan
for this area. He also commented on a similar ordinance and
memorandum of understanding being proposed for adoption by the City of
Walnut Creek relative to the incorporated portion of this area. He
advised of the staff recommendation to adopt the ordinance, authorize
the Director of Community Development to file a Notice of Exemption on
the ordinance, and schedule June 26, 1990 for an additional public
hearing on extension of this ordinance.
The public hearing was opened and the following persons appeared
to speak:
Walton Houston, 900 North Gate Road, Walnut Creek, commented on
issues including the development of his property, the March 19, 1990
cutoff date, the provision of water, and that he felt singled out and
caught in the middle of a political issue.
Douglas Flett, 1280 Civic Drive, Suite 210, Walnut Creek,
commented on two rezoning requests affected by the proposed ordinance,
requesting a specific date to have the Specific Plan completed or that
the Board would get rid of the ordinance stopping the rezoning and
processing.
Joyce Payne, 851 North Gate Road, Walnut Creek, spoke in support
of the preparation of a Specific Plan for the North Gate Road area,
and urged the adoption of the proposed memorandum of understanding
with the City of Walnut Creek.
James G. Gillivan, 3126 Hackney Lane, Walnut Creek, spoke in
support of the proposed ordinance.
Carol DiMaggio, 3174 Cafeto Drive, Walnut Creek, spoke in favor
of R-40 zoning.
Elwood Kronick, 266 La Casa Via, Walnut Creek, spoke in
opposition to. the proposed ordinance.
H. Abed, 321 North Gate Road, Walnut Creek, commented on lack of
notification relative to the proposed ordinance and suggested
extending the cutoff date.
The public hearing was closed.
1
Supervisor Schroder commented in response to concerns that had
been raised in the testimony.
Supervisor McPeak spoke in support of the proposed ordinance.
Supervisor Schroder moved approval of recommendations 1, 2, and
3 .
IT IS BY THE BOARD ORDERED that recommendations 1, .2, and 3 are
APPROVED; and as in recommendation 1, Ordinance No. 90-33 is ADOPTED.
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 22 , 1990
CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works-Tom Dudziak CO INISTRATOR
BY °
DEPUTY
3 .
ORDINANCE NO. 90- 33
(Urgency Interim Prohibition and Regulation of North Gate Area Land Uses)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. FINDINGS. This Board hereby finds and declares that:
1. The "North Gate Area" is an area comprised of lands partially
within Contra Costa County and partially within the City of Walnut Creek. A map
which designates the boundaries of the North Gate Area is attached hereto as
Exhibit "A" and incorporated by reference as though fully set forth.
2. The North Gate Area, comprised of approximately 356 acres, is
rural in character and includes: low density residential development, public park
lands, and equestrian activities. The northwest portion of the study area, which
is within the City's boundaries, is developed with single family residential
homes. The land in the County includes an 88-unit clustered planned residential
development, with . provisions for keeping of 40 horses, and more rural
agricultural and equestrian activities.
3. The County General Plan for the area in Walnut Creek known as
the "North Gate Area" was established in the 1978 South Ygnacio General Plan
Amendment. A map which designates the boundaries of the North Gate Area is
attached hereto as Exhibit "A". The County expects to adopt a new Countywide
General Plan in 1990 which will set forth policies for development in this area.
The existing County General Plan shows a section of the North Gate Area as having
suburban densities; the remainder is zoned as Single Family Residential Very Low
Density which permits one to ten acre lots.
4. In February of 1989, the Walnut Creek City Council adopted the
City General Plan which designates land uses in the North Gate Area. The
northwest corner of the City's property in the Area is zoned for suburban
densities. The- County land beyond the Walnut Creek municipal boundaries is zoned
Single Family Very Low Density. This lower density area serves as a transition
between open space or agricultural preserve areas and. low density single family
development.
5. Both the Board of Supervisors and the City Council have
determined that, in order to preserve the low density residential quality of the
North Gate Area, a Specific Plan which regulates the land uses in the Area needs
to be completed. The City Council and the County, by and through its Board of
Supervisors, have entered into a Memorandum"of Understanding which establishes
policies for the preservation of the North Gate Area and which commemorates the
coordination of future policy changes or land use amendments affecting this Area.
6. The Board of Supervisors finds that approval of development
applications which conflict with the proposed North Gate Area Specific Plan '
oses
a current and immediate threat to the public health, safety and welfare. Such
development approvals may conflict with the planning policies, goals µrad
objectives soon to be adopted by the Board of Supervisors as part of the proposed
Specific Plan and may make difficult or impossible the regulation of land uses
which is necessary or desirable to promote the general health, safety and
welfare. It is the purpose of this interim ordinance to immediately prohibit
and regulate specified land uses in the Area pending the completion of the North
Gate Specific Plan. It is understood that the City of Walnut Creek, by and
.through its City Council , shall adopt an interim ordinance which achieves the
same regulation of land uses. These ordinances shall apply to all rezoning
applications received after March 19, 1990.
1
SECTION II. PROHIBITIONS.
1.' Rezonings. No rezoning applications received after March 19,
1990 for the affected Area shall be accepted and/or processed while this interim
ordinance is in effect.
2. New Land.Uses. Except as provided in this ordinance (while it
is in effect) , no new. land uses shall be established within the Area including
(among others) the following:
a. Medical and dental offices;
b. Churches and religious institutions (including
private schools),
c. Commercial nurseries;
d. Commercial radio and television receiving and
transmitting facilities;
e. Hospitals, eleemosynary and philanthropic
institutions and convalescent homes.
SECTION III. PERMITTED AND ALLOWED USES. Where they are consistent with the
use provisions of the involved County underlying zoning district and the County
General Plan, the following new land uses in the Area are permitted or may be
conditionally allowed by a conditional use permit granted through procedures
specified in the Contra Costa County Ordinance Code:
1. Permitted Land Uses.
a. Single family dwellings, accessory structures,
and auxiliary uses;
b. Publicly operated parks and recreational facilities;.
c. Private greenhouses, gardens, orchards;
d. 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;
e. The keeping of livestock;
2. Conditionally Allowed Uses.
a. . Home .occupations;
b. Commercial greenhouses;
P. Second dwelling units;
A. Publicly-owned buildings and structures;
e. Horse riding academies, horse riding instruction,
commercial - stables;
f. Kennels.
SECTION IV. APPLICATION. The regulations of this ordinance are hereby imposed
on all property within the County portion of the North Gate Area shown on
attached Exhibit "A". This ordinance's provisions shall prevail over any
conflicting policies or regulations set forth in the Contra Costa County
Ordinance Code.
ORDINANCE NO. 90.-33
2
SECTION V. ENVIRONMENTAL ASSESSMENT.
1. Pursuant to Section 15061 of the State and County California
Environmental Quality Act (CEQA) Guidelines, the Board of Supervisors finds and
declares that this ordinance is exempt from CEQA for the following reasons:
a. This ordinance is not a "project" within the meaning of
Section 15378 of the State and County CEQA Guidelines, because the ordinance
itself has no potential for resulting in a physical change in the environment.
The purpose of this ordinance is to regulate, on an interim basis, the land uses
in the Area pending the completion of a Specific Plan for the North Gate Area.
Any development applications for the aforementioned permitted or conditionally
permitted uses may be subject to CEQA and, if necessary, will be reviewed under
that statute.
b. This ordinance is categorically exempt from CEQA under
Section 15308 of the State and County CEQA Guidelines. This ordinance is a
regulatory action taken by the County in the exercise of its constitutional
authority and in accordance with Government Code Section .65858, to assure
maintenance and protection of the environment pending the preparation and
adoption of the North Gate Area Specific Plan.
c. This ordinance is. covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant
effect of the environment. For the reasons set forth in subparagraphs (a) and
(b) of this paragraph above, it can be seen with certainty that there is no
possibility that this ordinance will have a significant effect on the environment
and, therefore, the ordinance is not subject to CEQA.
. 2. The County Community Development Director is hereby authorized
and directed to file a notice of exemption for this ordinance after it is
adopted. The notice of exemption shall be filed according to the procedures and
requirements set forth in Section 15062 of the State and County CEQA Guidelines.
SECTION VI. REPORTS.
1. In accordance with the aforenoted Memorandum of Understanding,
the County Planning Agency is hereby directed to consider and study the above-
noted proposed North Gate Area Specific Plan and report thereon to this Board.
2. Ten days prior to the expiration of this ordinance or any
extension of it, the Community Development Department shall file with the Clerk
of this Board a written report describing the measures taken to alleviate the
conditions which led to the adoption of this urgency interim ordinance.
SECTION VII. SEVERANCE CLAUSE.
This Board declares that each section, subsection, paragraph,
subparagraph, sentence, clause and phrase of this ordinance is severable and
independent of every other section, subsection, paragraph, subparagraph,
sentence, clause and phrase of this ordinance. If any section, subsection,
paragraph, subparagraph, sentence, clause or phrase of this ordinance is held
invalid, this Board declares that it would have adopted the remaining provisions,
(including Exhibit "A") of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of
this ordinance should remain in effect after the invalid portion has been
eliminated.
SECTION VIII. EFFECTIVE AND EXPIRATION DATES. This ordinance becomes effective
immediately upon passage and shall be operative for forty-five (45) days (through
July 5, 1990) , pursuant to Government Code § 65858. Within 15 days after passage
this ordinance shall be published once with the names of Supervisors
ORDINANCE N0. 90- 33
3
• CONTRA COSTA TIMES
voting for or against it in the a newspaper
published in this County.
Attachment (Exhibit A)
PASSED and ADOPTED on May 22, 1990 , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN:None
ATTEST: Phil Batchelor,
Clerk of the Board of
Supervisors and County
Administrator
By: J �—
tY Chair of tl a Board
[SEAL]
(5-15-90)
P2[NGORD.VJW]
ORDINANCE NO. 90-_aa
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