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Home My WebLink AboutMINUTES - 02091993 - H.4 • dE. se .t H. 4 `• Contra TO: BOARD OF SUPERVISORS �:.— _ �`J _^� FROM: HARVEY E. BRAGDON �^• County DIRECTOR OF COMMUNITY DEVELOPMENT o� DATE: February 9, 1.993ouri SUBJECT: Hearing on Rezoning Application #2989-RZ to rezone 9.47 acres from Heavy Agricultural District (A-3) to General Agricultural District (A- 2) located at #125 Eagle Lane-R#1, in the Brentwood area, filed by Robert & Terisa Guise (Applicant & Owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the Alenvironmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2989-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 #77-1992 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 SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOX)qFDAZZON BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 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 of Robert and Teresa Guise (applicant and owner) to rezone land from Heavy Agricultural District (A-3) to General Agricultural District (A-2) ( 2989-RZ) in the Brentwood 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 staff recommendations listed above. The public hearing was opened and no one appearing to testify, the public hearing was closed. 1 . Supervisor Torlakson moved approval. IT IS BY THE BOARD ORDERED that recommendations 1 , 2 , 3 , and 4 are APPROVED; and Ordinance 93-17 is INTRODUCED, reading waived, and February 23 , 1993 is set for adoption of same. 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. Contact:Rose Marie Pietras 646-2031 ATTESTED February 9 , 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF Robert & Terisa Guise THE BOARD OF SUPERVISORS Public Works: Attn: Mitch Avalon An CO ADMINISTRATOR County Counsel Assessor BY k ZjVh k A A, D , DEPUTY RMP:df Rig�erview Fire Prot. Dist. 2 a�dop. m . REZONING APPLICATION #2989-RZ A-3- TO A-2 ROBERT & TERISA GIIISE (Applicants & Owners) BRENTWOOD AREA a A REQUEST TO REZONE 9.47 ACRES OF LAND FROM A-3 TO A-2 s BOARD OF SUPERVISORS CONTRA COSTA COUNTY FEBRIIARY 91 1993 - 2:00 P.M. a • dE.8 E..L.,OA • - Contra TO: BOARD OF SUPERVISORS " Costa n. .. FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: February 9, 1993 oasrq cJ coiirrC�. SUBJECT: 'Hearing on Rezoning Application #2989-R2 to rezone 9.47 acres from Heavy Agricultural District (A-3) to General Agricultural District (A- 2) located at #125 Eagle Lane-R#1, in the Brentwood area, filed by Robert 6 Terisa Guise (Applicant & owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2989-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 #77-1992 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 SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ND ION JO BOARD 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 Co., Community Development Department PHIL BATCHELOR, CLERK OF Robert & Terisa Guise THE BOARD OF SUPERVISORS Public Works: Attn: Mitch Avalon AND COUNTY ADMINISTRATOR BY , DEPUTY RMP:df RESOLUTION NO. 77 - 1992 RESOLUTION .OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE- COUNTY- OF HE_COUNTY- OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY ROBERT & TERESA GUISE (APPLICANT AND OWNER) , (2989-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BRENTWOOD AREA OF SAID COUNTY. WHEREAS, a .request by Robert & Teresa Guise (Applicant & Owner) (2989-RZ) to rezone land in the Brentwood area from Heavy Agricultural District (A-3) to General Agricultural District (A-2) , was received on June 29, 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 CEQK 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 Regional Planning 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 Robert & Teresa Guise (Applicant and Owner) (2989-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 K-27 of the County's 1978 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. 77 - 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, Planchon, Hanson, Maybee, 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, Hanson, Andrieu,. Maybee:, Planchon, Sobalvarro, Hern NOES: Commissioners - None ABSENT: Commissioners - None ABSTAIN: Commissioners - None ............ lip W Chair of the East County Regional Planning Commission, County of Contra Costa, State of California Page' Three RESOLUTION NO. 77 - 1992 ATTEST: (Uk-etary/o/the East County Regional Planning Commission, County of Contra Costa, State of California RMP/df 2989-RZ.res Findings Map A-3 I e, EUNSET AQ EAGLE LN 3 s<.ylo Z -- m I. A-2 P-t �F I� A-3 1 Rezone From�_To A- ,-W q ri Area ,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 D r- :7M-E —GOU 63-14`c �j'j 9. Z-nM%tQt KAAe indicating thereon the decision of the East County Regional Planning Commission in the matter of_GLA.XSF- 12-4$!5- V-'7- W Chairman of the East C40nty Regional Planning Commission,State of California ATTEST: Secr a f th st County Regional Pla ' commiski ,State of California Don Davis TransAmerica Minerals Company Ivan and Joseph Cerri 2600 King Drive 1 1 1 1 South Grand Avenue 2976 West Undine Road Walnut Creek, CA 94595 Diamond Bar, CA 91765 Stockton, CA 95206 Larry & Sandra Wilgenbush Letha Hill Santos & Evelyn Tobar 155 Eagle Lane Route 1 , Box 1670 Route 1 , Box 16.7D-, Brentwood, CA 94513- Breritwood, CA 94513 Brentwood, CA 94513 Seth Cockrell 2999-RZ 100 Fire Place Knightsen, CA 94548 r Agenda Item Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, NOVEMBER 16, 1992 - 7:00 P.M. 1. INTRODUCTION ROBERT & TERISA GUISE (Applicants & Owners►, County File #2989-RZ: The applicant requests approval to rezone 9.47 acres from Heavy Agricultural District (A-3) to General Agricultural District (A-2). Subject address is #125 Eagle Lane - Rt. 1 , in the Brentwood area. (A-3) (ZA: K-27)•(CT 3040) (Parcel #015-110-009) II. RECOMMENDATION Staff recommends that Rezoning 2989-RZ be approved. III. GENERAL INFORMATION A. General Plan Designation: County General Plan, 1991/Agricultural Lands. 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 production 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 property from A-3 (10 acres minimum parcel size) to A-2 (5 acres minimum parcel size) is consistent with the General Plan Agricultural land designation. B. Zoning: A-3/Heavy Agricultural (10 acres minimum parcel size). The zoning regulation is consistent with the General Plan. C. CEQA Status: A Negative Declaration of Environmental Significance was posted. D. Regulatory Programs_: 1 . Active Fault Zone: This site is not in an active earthquake fault zone. 2. Flood Hazard Zone: Subject site is within Zone B. 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. IV. SITE DESCRIPTION The proposed project site is a 9.47 acre parcel. The land consist of one residence with some fruit trees. 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 The application is a request to rezone 16.7 acres from A73; Heavy Agricultural (10 acres parcel size) to A-2, General Agricultural (5 acres parcel size). VII. AGENCY COMMENTS A.. Building Inspection Department: No comments. B. Health Services Department, Environmental Health Division: No-comments. C. Riverview Fire Protection District: Fire District requests the opportunity to review any property subdivision for this parcel. Vlll. STAFF ANALYSIS The property is located in an area of similar or higher density development. In the immediate vicinity of the project area are approved rezonings from A-3 to A-2 and tentative maps for 5 acre parcels (MS 170-90, MS 171-90 and MS 172-90). In the immediate vicinity of this property are lots ranging in various sizes from 3.4, 1 .9, and 5 acre parcels. To the north, south, east and west are both A-3 and A-2 zoning. 3 Since the pattern of development has been establishing 5 acre and smaller parcels, granting approval of this rezoning application from A-3 toA-2 would.not.be a privilege - but consistent with the General Plan zoning and .the pattern of the surrounding area. IX. FINDINGS The proposed zoning is consistent with the General Plan. Therefore, staff recommends approval. RMP/aa RZXIV/2989-RZ.RP 11/3/92 r K26 ' ig LL . - i j Cw - ,a• 3 .9�rx fifififi • f1.i/4GC1►S .- A +QV N -Y.3.0 2_ pq 7,7.68 12.o AC ' ,acRts z.7y � ActFs 1140 2- -------- X3.98 2S, u' SFS Ac ers 3 6� 6•i2 ACVoS s Ni C`l'ad _ x.99 AIS-.9-3 !fG?Es ALt4s *.o ftc�tes S65 �, _ 2 is b Ac2Es « ;4'76 1 7-9 E- .r.... V N 38.52 accEs 9.e ,`2?y,7/e;7 c C1� .fc,Prs zCgs :x 9.9ArKFS -Mc N r California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report Negative Declaration of Environmental Significance 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: ROBERT & TERISA GUISE (Applicant & Owners), County. File #2989-RZ: The applicant requests approval to rezone 9.47 acres .from Heavy Agricultural District (A-3) to General Agricultural District (A-2). Subject property is located at #125 Eagle Lane - Rt #1, in the Brentwood area. (A=3) (ZA:K-27) (CT 3040.00) (Parcel #015-110-009) 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 riot 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: thru AP 9 R 12/89 . By / /epCommurnty Developmen ment Representative