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HomeMy WebLinkAboutMINUTES - 06261990 - H.1 OF SUPERVISORS / Contra tra TO: BOARD Costa MM: Harvey E. Bragdon • Director of Oommmity Develcpwnt r DAZE: June 19, 1990 SZBJ=: North Gate Urgency Interim Ordinance Extension SPECIFIC REQUEST(S) OR RECOMI@IDATIONS(S) & BACKGROUND AND JUSTIFICATION. RECOMMENDATIONS Adopt the extension of the "Urgency Interim Prohibition and Regulation of the North Gate Land Uses. " until June 30, 1991. FISCAL IMPACT The only costs for adoption of this ordinance are for public notice which has already occurred. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 22, 1990, the Board of Supervisors adopted the North Gate Urgency Interim Ordinance and scheduled this date for a public hearing on the extension of that ordinance. As was stated in the May 16, 1990 report from the Director of Community Development, the intent of staff is to complete the North Gate specific plan by November of 1990. Staff has, however, noticed this ordinance extension hearing until June 30, 1990 just in case the November deadline lapses for unforeseen reasons. I recommend you adopt the extension of this ordinance until that. date. Since the North Gate ordinance was adopted on May 22 , 1990, staff has begun the preparation of the specific plan. Basic data maps for the specific plan are currently being prepared and shall be presented at the Walnut Creek - County Coordination Committee on June 18, 1990. Initial discussion will begin at thateting on the framing of policies for inclusion within the specif' n. CONTINUED ON ATTACffi[ENT: YES SIGNATURE• ' RECOMMENDATION OF COUNTY ADMINISTRATOR REcommE D OF WARD COMPIITTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 26 , 1990 APPROVED AS RECO104ENDED _� OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on an extension of an Interim Zoning Ordinance for a portion of the North Gate study area. James Cutler, Community Development Department, presented the staff report on the proposed extension. The public hearing was opened and the following person appeared to speak in opposition: Donald Anthony, 1250 Castlerock Road, Walnut Creek. The public hearing was closed. On recommendation of Supervisor Schroder, IT IS BY THE BOARD ORDERED that Ordinance No. 90-42, Urgency Interim Prohibition and Regulation of North Gate Land Uses, is ADOPTED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT V ) 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 June 26, 1990 County Counsel PHIL BATCHELOR, CLERK OF CAO THE BOARD OF SUPERVISORS Public Works COUIqY ADPIINISTRATOR BY- (L7OQ12 , DEPUTY cjc9/rw/ngurgioe.bos ORDINANCE NO. 90-4 2 (Urgency. Interim Prohibition and Regulation of North Gate Area Land Uses) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. EXTENSION. Pursuant to Government Code section 65858 Ordinance No. 90-33 is hereby extended to June 30, 1991. SECTION II. FINDIN S. This Board hereby finds and declares that: i. 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 poses a current and immediate threat to the public health, safety and welfare. Such development approvals may conflict with the planning policies, goals and 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 ORDINANCE NO. 90- 42 7. On May 22, 1990, the Board of Supervisors adopted Ordinance No. 90-33 establishing an urgency interim prohibition and regulation of North Gate Area land uses through July 5, 1990. With the adoption of this ordinance, this Board received and approved, its Community Development Director's written report describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 90-33. SECTION III. 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 IV. 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; c. Second dwelling units; d. Publicly-owned buildings and structures; e. Horse riding academies, horse riding instruction, commercial stables; f. Kennels. SECTION V. APPLICATION. The regulations of this ordinance are hereby imposed 2 ORDINANCE NO. 90- 42 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. SECTION VI. ENVIRONNENTAL 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 VII. 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 VIII. 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 IX. EFFECTIVE AND EXPIRATION DATES. This ordinance becomes effective immediately upon passage and shall be operative through June 30, 1991, pursuant to Government Code § 65858. Within 15 days after passage this ordinance shall be published once with the names of Supervisors voting for or against it in the 3 ORDINANCE NO. 90-42 CONTRA COSTA TIMES a newspaper published in this County. Attachment (Exhibit A) PASSED and ADOPTED on June 26, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak and Fanden NOES: None ABSENT: Supervisor Torlakson ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: (IWO', I A/ a Chairof the Bo i�3 [SEAL] (5-15-90) (6-25-90) PZ[NGORD.VJW]:df 4 ORDINANCE NO. 90-42 s � �17� - ya.riW ,Rr�� cT•�.y 7•,•�a+*+`' '� ..' -'� t .. tea .�It`i iia'ri a.la - i r tAl ho Mt -1"�r 7�'ql pop 10 Qt' �-AIR t00000i'mo .o 'Pot � si'';!ir��''.�.�'.�'.a'.r►!i''... . � �. f S 00 OA OAF 2f /WOR NOR �•� , ice'