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Home My WebLink AboutMINUTES - 02091993 - H.3 H. 3 Contra TC: BOARD OF SUPERVISORS CoSlcG Count y FROM: HARVEY E. BRAGDON � ~"�� 't �• DIRECTOR OF COMMUNITY DEVELOPMENT b DATE: February 9, 1993 SUBJECT: Hearing on Rezoning Application #2990-RZ to rezone 16.7 acres from Heavy Agricultural District (A-3) to General Agricultural District (A- 2) fronting 816 feet on the east side of Sellers Avenue. . Site address is #5900 Sellers Avenue, in the Knightsen area, filed by David Yarrington (Applicant) and Salah Asaad (Owner) . SPECIFIC REQUEST(S) OR RECOMMENDATION(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2990-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission's findings as set for in Resolution #78-1992 as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and. set.-iforth date for adoption of same. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATION This item was heard by the East County Regional Planning Commission on November 16, 1992, at which time the Commission recommended approval of the rezoning request. The rezoning conforms to the General Plan. CONTINUED ON ATTACHMENT: YES SIGNATUR /4Jtg)L_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECEO-M—M-EE-RDIffION tFrOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON February 9 , 1993 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning Commission on the request by David Yarrington (applicant) and Salah Assad (owner) to rezone 16.7 acres of land from Heavy Agricultural District (A-3) to General Agricultural District (A-2) ( 2990-RZ) in the Knightsen area. Dennis Barry, Community Development Department, presented the staff report on the request and described the site location. Mr. Barry commented on the East County Regional Planning Commission' s recommendation for approval and the proposed staff recommendations listed above. The public hearing was opened and no one appearing to testify, the public hearing was closed. 1 . 00 (r1 . REZONING APPLICATION #2990-RZ A-3 TO A-2 DAVID YARRINGTON- (Applicant) SALAH ASAAD (Owner) RNIGHTSEN AREA A REQUEST TO �REZONE 16.7 ACRES OF LAND BOARD OF SUPERVISORS CONTRA COSTA COUNTY FEBRUARY 9, 1993 - 2 : 00 P.M. ' 6 SE 9� Contra TO: BOARD OF SUPERVISORS ' Costa County FROM: HARVEY E.' BRAGDON dean DIRECTOR OF COMMUNITY DEVELOPMENT ' SrA COUN'r'1 DATE: February 9, 1993 SUBJECT: Hearing on Rezoning Application #2990-RZ to rezone 16.7 acres from Heavy Agricultural District (A-3) to General Agricultural District (A- 2) fronting 816 feet on the east side of Sellers Avenue. , Site address is #5900 Sellers Avenue, in the Knightsen . area, filed by David Yarrington (Applicant) and Salah Asaad (owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) 8 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2990-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the'East County Regional Planning Commission's findings as set for in Resolution #78-1992 as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATION This item was heard by the East County Regional Planning Commission on November 16, 1992, at which time the Commission recommended approval of the rezoning request. The rezoning conforms to the General Plan. CONTINUED ON ATTACHMENT: YES SIGNATUR _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME95HION tFrOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 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. Contact:Rose Marie Pietras. 646-2031 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF David Yarrington THE BOARD OF SUPERVISORS Public Works: Attn: Mitch Avalon AND COUNTY ADMINISTRATOR Salah Asaad BY , DEPUTY RMP:df RESOLUTION NO. 78 - 1992 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY DAVID .YARRINGTON (APPLICANT) - SALEH S. ASSAD (OWNER) , (2990-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE OAKLEY/KNIGHTSEN AREA OF SAID COUNTY. WHEREAS, a request by David Yarrington (Applicant) - (Saleh S. Assad (Owner) (2990-RZ) to rezone land in the Oakley/Knightsen area from Heavy Agricultural District (A-3) to General Agricultural District, (A-2) , was received on July 31, 1992.; and . WHEREAS, in connection with applicant's requests, an Initial Study of' Environmental Significance was 'prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act. and State and County CEQA guidelines, a Negative Declaration of. Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, . a public hearing was scheduled before the East County RegionalPlanning Commission on Monday, November 16, 1992; whereat all persons interested might appear and. be heard; and WHEREAS, on Monday, Monday, November 16, 1992, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that East County- Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of David Yarrington (Applicant) and Saleh S. Assad (Owner) (2990-RZ) be approved for change from Heavy Agricultural (A-3) to General Agricultural (A-2) , and that this zoning change be made as indicated on. the findings map entitled: Page H-26 of the County's i978- Zoning Map. BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: 1. The project is consistent with the ,County General Plan. Page Two RESOLUTION No. 78 - 1992 BE IT FURTHER RESOLVED that the Secretary of the East County Regional. Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, November 16, 1992, by the following vote.: AYES: Commissioners - Hern, Maybee, Hanson, Planchon, Sobalvarro, Wetzel NOES: Commissioners - None ABSENT: Commissioners - Andrieu ABSTAIN: Commissioners - None I, Chair of the East County Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Monday, January 11, 1993, and this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Wetzel, Sobalvarro , Andrieu, Hanson, Maybee, Planchon, Hern NOES: Commissioners - None ABSENT: Commissioners - None ABSTAIN: Commissioners - None Chair of the East County Regional Planning Commission, County of Contra Costa, State of California Page Three RESOLUTION NO. 78 - 1992 ATTEST: Sec etary o e' East County Regional Planning Comm ssion, County of Contra Costa, State of California RMP/df 2990-RZ.res Findings Map A•2 A•3 i it \ A-2 =--. A•3 A-2 i Rezone FromA-*3 To A=.�. �N16IA1-"oF1N Area I,_ $P1-Wr—=– B t ,Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy of }-1'uo .nom -cam-^� �13t.�n�T�/S t 4'7 S{_ zo�S ►►.1 C� _ MAP indicating thereon the decision of the East County Regional Planning Commission in the matter of UE1RQ U`1TDnl -Chairman of the East Coufhy Regional Planning Commission,State of California ATTES *Crry t o e ast County Regional anning Comms Sion,State of California Orpha McClellan Ray & Roberta Golway Raymond & K Shaffer P. 0. Box 299 36199 Perkins P. 0. Box 232 Oakley, CA 94561 Fremont, CA 94536 Knightsen, CA '94548 Craig & Kim Holland Elmer & Jea Johnson Alfred & Darl DeJesus P. 0. Box 1 103 6040 Sellers Avenue 5911 Sellers Avenue Brentwood, CA 94513 Oakley, CA 94561 Oakley, CA 94561 Pietro & Patria Savarese Curt & Leslie Bird Seth H. Cockrell 2967 Terra Verde Lane 6035 Sellers Avenue 100 Fire Place Oakley, CA 94561 Oakley, CA 94561 Knightsen, CA 94548 2990-RZ Agenda Item S Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, NOVEMBER 16, 1992 - 7:00 P.M. I. INTRODUCTION DAVID YARRINGTON (Applicant) -SALAH S.ASSAD (Owner), County File #2990-RZ: The applicant requests approval to rezone 16.7 acres from Heavy Agricultural District (A-3) to General Agricultural. District (A-2). Subject property fronts 816 feet on the east side of Sellers Road and beginning at the northwest-corner of Section 32, in the Knightsen area. Site address is #5900 Sellers Avenue. (A-3) (ZA: H-26) (CT 3020.0) (Parcel #020-010-017-0) ll. RECOMMENDATION Staff recommends that Rezoning 2990-RZ be approved. Ill. GENERAL INFORMATION A. General Plan Designation: Agricultural Lands - County General Plan 1991 . This land use designation includes most of the privately owned rural lands in the County, excluding private lands that are composed of prime soils or lands that are located in or near the Delta. Most of these lands are in hilly portions .of the County and are used for grazing livestock, or dry grain farming. The category also includes non-prime agricultural lands in flat East County areas, such as outside Oakley, which are planted in orchards. The purpose of the Agricultural Lands designation is to preserve and. protect lands capable of and generally used for the protection of food, fiber, and plant materials. The .title is intended to be descriptive of the predominant land- extensive agricultural uses that take place in these areas, but the land use title or description shall not be used to exclude or limit other types of agricultural, open space or non-urban uses such as landfills. The maximum allowable density in this category is one dwelling unit per 5 acres. The rezoning of this project from A-3 (10 acre minimum parcel size) to A-2 (5 acre minimum parcel size) is consistent with the General Plan Agricultural Land designation. B. Zoning: A-3/Heavy Agricultural, 10 acre minimum parcel size. The zoning regulation is consistent with the General Plan. :,,c:ncir::re:<'d::.v..._...;..ri'St,. �is•� .r"Gz�'ss^tcisiSc:re.:c'.`.t.c:'v.+�:.r��':1�.','c;t,.�u^.�.,�..r._t;-.��"...�..._ r e.t..+..r..,...._ _.�..c:-mac.:. C. CEQA Status: A Negative Declaration of Environmental Significance was posted. D. Regulatory Procirams: 1 . Active Fault.Zone: this site is not in an active earthquake fault zone. 2. Flood Hazard Zone: Subject site is within Zone B of 500 year flood zone. 3. 60 dBA Noise Control Zone: Site is not within 60 dBA noise control zone. 4. Redevelopment Area:' The site is not within a redevelopment district. 5. California Archaeological Inventory: There is a low possibility of archaeological sites. Further study for archaeological resources is not recommended. E. Prior Applications: There were no previous applications on this property. IV. SITE DESCRIPTION The proposed project site is a 16.7 acre ranch. The land consists of a walnut tree orchard. The property and surrounding area are essentially flat. V. AREA DESCRIPTION The surrounding area comprises all types of agricultural uses and has been changing to smaller parcel sizes. VI. PROPOSED PROJECT This application is a request to rezone 16.7 acres from A-3, Heavy Agricultural (10 acre parcel size) to A-2, General Agriculture (5 acre parcel size). VII. AGENCY COMMENTS A. Health Services Department, Environmental Health Division: Must meet water and sewage requirements of this Division prior to approval of Final Map. B. Building Inspection Department: No comments. j 3 VIII. STAFF ANALYSIS The property is located in an area of similar or higher density development. There are recently approved rezonings to General Agriculture (A-2),together with tentative maps for 5 acre parcels (2913-RZ, MS 140-90; MS 150-90). In the immediate vicinity of this property are lots ranging in various sizes from _1 .9 acres. To the north, south, east, and west are both A-3 and A-2 zoning. Since the pattern of development has been establishing 5 acre parcels, granting approval of this rezoning application from A-3 to A-2 would not be a privilege but consistent with the General Plan zoning and the pattern of the surrounding area. IX. FINDINGS The proposed rezoning is consistent with the General Plan. Therefore, staff recom- mends approval. RMP/aa RZXVII/2990-RZ.RP 11/3//92 ' a I OYOFI ` a OOOMIN3HN 91 i._; L t ._ t _ ti WW "( Hd 111 � Cb s S IIaM a — IW HS or 1 100 - - --- —---------..._ -7c?ODOl1 a 13sNR el wdwnd S I v i 2 I!dpueS• a t !1cl _ HS = z via ties.. r zs _ Q .l <•� _ Z Wff Fid go gBIU� CC OVOd Fz' H173 p 6S 00 HIS w ;AS,e -I v Er 4 W6 ` pdpueS.. W S 3NV7l 37R! suaa13S us.j �� IIaM Sed rz we Z£ j� _ \\ IM Pups �. se ' to--- W J , • ( 2 ZZ IZ w + Z \ =AS - _ Sd Y • -.. _........ .. -..rvvvrr•....:..r//r..r..•....s.«� r,. .,. .-.- ... �_._-.....�-_-...........J/ _..Jc1_..._Y1..�re1...a -..._._,r........___. California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report XX Negative Declaration of Environmental Significance ri CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street North Wing - 4th Floor- Martinez, California 94553-0095 Telephone: (510) 646-2031 Contact Person Rose Pietras Project Description and Location: DAVID YARRINGTON (Applicant) - SALEH ASAAD (Owner), County File #2990-RZ: The applicant requests approval to rezone 16.7 acres from Heavy Agricultural District (A-3) to General Agricultural District (A-2). Subject property , fronts 816 feet on the east side of Sellers Road and beginning at the Northwest corner of Section 32, in the Knightsen area. (A-2) (ZA: H-26) (CT 3020.00) (Parcel #020-010-017-0) THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH. Based on the foregoing review,the project will not result in any potentially significant environmental impacts. The Environmental Impact Report or Justification for Negative Declaration is available for review at the address below: Contra Costa County Community Development Department 4th-Floor, North Wing, Administration Building 651 Pine Street Martinez, CA 94553-1229 Review Period for Environmental.Impact Report or Negative Declaration: l0Z thru AP 9 R 12/89 By Community Development Department Representative