HomeMy WebLinkAboutMINUTES - 04261994 - 1.123 • ` sE
i =_•• Contra
TO: BOARD OF SUPERVISORS
costa
FROM: HARVEY E. BRAGDON ��' %aiau County
DIRECTOR OF COMMUNITY DEVELOPMENT �'• �} o
DATE: March 23 , 1994 STa �aiuH`►� cA
SUBJECT: Cold Storage Plants in A-2 and A-3 Agricultural Zoning Districts
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Find the amendment exempt from the provisions of CEQA, Section
15061 (b) (3) .
2 . Adopt the proposed amendment to the A-2 and A-3 Zoning
Ordinance Sections 84-38 . 404 and 84-40. 404 (Uses with Land Use
Permit) to delete cold storage plants as a use requiring a
land use permit and to amend County Code Sections 84-38 . 402
and 84-40. 402 to include cold storage plants as. an allowable
use on parcels at least 10 acres in size.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Pursuant to the Board's October 5, 1993 request, County Counsel, in
conjunction with the Community Development Department, has prepared
the attached revised draft ordinance for the above-noted subject
incorporating the proposed revisions.
According to the October 5, 1993 Board Order from Supervisor Tom
Torlakson, farmers in East County attempted to build new
agricultural-related structures and expand already existing
facilities that included cold storage were told that in addition to
the electrical and mechanical permits required, they are required
to have building permits and land use permits. The Board of
Supervisors were informed by the Building Inspection Department in
August, 1993 that due to a revision in State law building permits
are now required for agricultural buildings.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 26 ., 1994 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.
Contact:Rose Marie Pietras - 646-2091
Orig: Community Development Department ATTESTED April 26 , 1994
cc: PHIL BATCHELOR, CLERK OF
HE BOARD OF SUPERVISORS
D CTY ADMINISTRATOR
BY a)
IJ DEPUTY
r`
2 .
In addition, Community Development brought to the attention of
those applying that any agriculture structure including cold
storage requires a land use permit.
Concurrently, the County Code provides that the following
agricultural structures that may be constructed without a land use
permit are the erection and maintenance of sheds, warehouses,
granaries, dehydration plants, hullers, fruit and vegetable packing
plants, and buildings erected for the storage of fruit and
vegetable crops is inherent to the harvesting and processing of the
crop, whether that crop is processed on-site or shipped out.
Temperature control is a necessity for many crops whether they are
to be processed on-site, or stored on-site for a period from
anywhere from a few hours to several days.
Cold storage facilities do not appear to be as intensive as the
other uses concurrently requiring a land use permit under the
agricultural code, among them canneries, slaughterhouses, and
stockyards, and merchandising of agriculture supplies and services
incidental to and agricultural use. It appears that cold storage
is many times an integral component of the allowable uses indicated
under Item 2 of Sections 84-38 . 402 and 84-40 . 402 and as such should
be a permitted use not requiring a land use permit.
Because of the potential for cold storage facilities to generate
noise from compressors, truck traffic and loading activities, staff
is suggesting such facilities be made an allowable use on parcels
of at least 10 acres. This should avoid conflicts on existing
parcels smaller than 10 acres. For smaller parcels, appropriate
conditions could be included in a land use permit to avoid such
problems.
The 1991 General Plan contains a number of policies that encourage
the economic viability of agriculture in Contra Costa County.
Amendment of these code sections will aid in the implementation of
those policies.
Staff has determined that the proposed changes to the ordinance do
not have any potential to create a significant effect on the
environment. On this basis, staff recommends the Board find that
this activity is not a project subject to CEQA pursuant to CEQA
Guidelines Section 15061 (b) (3) .
V :
ORDINANCE NO. 94- 28
(Cold Storage Plants As A-2 and A-3 Agricultural
Districts ' Uses )
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) :
SECTION I . SUMMARY. This ordinance amends various
agricultural zoning district provisions to provide for cold
storage facilities as a use not requiring a land use permit.
SECTION II . Article 84-38 . 4 of the County Ordinance Code is
amended to read as follows :
Article 84-38 . 4
Uses
84-38 .402 Permitted. Uses permitted in the A-2
district shall be as follows:
( 1 ) All tYPes of agriculture, including general farming,
horticulture, floriculture, nurseries and greenhouses, mushroom
rooms, dairying, livestock production, fur farms, poultry
raising, animal breeding, aviaries, apiaries, forestry, and
similar agricultural uses;
( 2 ) Other agricultural uses, including the erection and
maintenance of sheds, warehouses , granaries, dehydration plants,
hullers, fruit and, vegetable packing plants, and agricultural
cold storage plants on parcels at least ten acres in size and
buildings for the storage of agricultural products and equipment;
( 3 ) A stand not exceeding two hundred square feet for sale
of agricultural products grown on the premises . The stand shall
be set back at least twenty-five feet from the front property
line;
(4 ) A detached single family dwelling on each parcel and
the accessory structures and uses normally auxiliary to it;
(5 ) Foster home or family care home operated by a public
agency, or by a private agency which has obtained state or local
approval ( license) for the proposed operation, where not more
than six minors reside on the premises with not more than two
supervisory persons .
(6 ) A family- day care home where care, protection and
supervision of twelve or fewer children in the provider's own
home are provided for periods of less than twenty-four hours per
1
ORDINANCE NO. 94-28
iday, while the parents or guardians are away.
(Ords . 94-28 § 2, 86-43 § 13, 68-25 § 2, 1968, 1569 , 1555, 1535:
prior code § 8156 (a) : Ord. 1406 . )
84-38 . 404 Uses with land use permit. The following
uses are allowable on the issuance of a land use permit:
( 1 ) Allowable uses designated in Section 84-36 . 404 :
( 2 ) Merchandising of agricultural supplies and services
incidental to an agricultural use:
( 3 ) Canneries, wineries and processing of agricultural
products and buildings for the storage of agricultural products
on parcels less than ten acres in size:
( 4 ) Slaughterhouses and stockyards :
( 5 ) Rendering plants and fertilizer plants or yards :
( 6 ) Livestock auction or sales yards :
( 7 ) Living accommodations for agricultural workers to be
primarily used for temporary housing of agricultural workers
while performing seasonal agricultural work on the owner' s
property:
( 8 ) Commercial recreational facilities when the principal
use is not in a building;
( 9 ) Boat storage areas within one mile by public road of a
boat launching facility open to the public;
( 10 ) Retail firewood sales;
( 11 ) Recycling operations intended to sort and/or process
material for reuse except for those activities described in
Section 88-4 . 206 ;
( 12 ) Museums in which objects of historical, artistic,
scientific or cultural importance are preserved and displayed.
(Ords . 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-82, 1988,
1569 § 2 : prior code § 8156 (b) ; Ords . 1406 § 3 , 497 § 4, 382 §
4E. )
SECTION III . Section 84-40 . 404 of the County Ordinance Code is
amended, to correct the reference in its subsection (c) from §
84-38 . 404 (c ) to § 84-38 . 404 , to read as follows :
84-40 . 404 Uses with land use permit. (a) In an A-3
district, a land use permit may allow the following uses .
(b) Allowable uses are those listed in Section 84-
36 . 404 (b) .
(c) Other allowable uses are those listed in Section 84-
38 . 404 except livestock auction and sales yards .
(d) Other allowable uses are:
( 1 ) Single family or two family dwellings for members
of the family within the third degree of consanguinity;
2
ORDINANCE NO. 94- 28
S
( 2 Processing of milk not produced on the premises .
(Ords . 94- 28 § 3, . 74-37 § 3, 1569 § 24, 1535 § 4 : prior code
8157 (b) : Ords . 1241 § 2 [ 382 § 4 (X) ] . )
SECTION III . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times , a newspaper of general
circulation published in this County.
PASSED on April 2'6 , 1994 , by the following vote:
AYES: Supervisors Smith, Bishop, De Saulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk o the B and of
Super ' so and C unty Administra or
By. �
oard Chair
[SEAL]
VJW:df
(Rev. 2-1-94 )
df10(1): planta.ord
3
ORDINANCE NO. 94- 28
ORDINANCE NO. 94-
(Cold Storage Plants As A-2 and A-3 Agricultural
Districts ' Uses )
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) .
SECTION I . SUMMARY. This ordinance amends various
agricultural zoning district provisions to provide for cold
storage facilities as a use not requiring a land use permit.
SECTION II . Article 84-38 . 4 of the County Ordinance Code is
amended to read as follows :
Article 84-38 . 4
Uses
84-38 . 402 Permitted . Uses permitted in the A-2
district shall be as follows :
( 1 ) All types of agriculture, including general farming,
horticulture, floriculture, nurseries and greenhouses, mushroom
rooms, dairying, livestock production, fur farms , poultry
raising, animal breeding, aviaries, apiaries, forestry, and
similar agricultural uses;
( 2 ) Other agricultural uses , including the erection and
maintenance of sheds , warehouses , granaries , dehydration plants,
hullers , fruit and vegetable packing plants , and agricultural
cold storage plants on parcels at least ten acres in size and
buildings for the storage of agricultural products and equipment;
( 3 ) A stand not exceeding two hundred square feet for sale
of agricultural products grown on the premises . The stand shall
be set back at least twenty-five feet from the front property
line;
(4 ) A detached single family dwelling on each parcel and
the accessory structures and uses normally auxiliary to it;
( 5 ) Foster home or family care home operated by a public
agency, or by a private agency which has obtained state or local
approval ( license) for the proposed operation, where not more
than six minors reside on the premises with not more than two
supervisory persons .
( 6 ) A family day care home where care, protection and
supervision of twelve or fewer children in the provider' s own
home are provided for periods of less than twenty-four hours per
1
ORDINANCE NO. 94-
day, while the parents or guardians are away.
(Ords . 94- § 2, 86-43 § 13, 68-25 § 2, 1968, 1569 , 1555, 1535 :
prior code § 8156 (a ) : Ord. 1406 . )
84-38 . 404 Uses with land use permit. The following
uses are allowable on the issuance of a land use permit:
( 1 ) Allowable uses designated in Section 84-36 . 404 :
( 2 ) Merchandising of agricultural supplies and services
incidental to an agricultural use:
( 3 ) Canneries , wineries and processing of agricultural
products and buildings for the storage of agricultural products
on parcels less than ten acres in size:
(4 ) Slaughterhouses and stockyards :
(5 ) Rendering plants and fertilizer plants or yards:
( 6 ) Livestock auction or sales yards :
( 7 ) Living accommodations for agricultural workers to be
primarily used for temporary housing of agricultural workers
while performing seasonal agricultural work on the owner' s
property:
( 8 ) Commercial recreational facilities when the principal
use is not in a building;
( 9 ) Boat storage areas within one mile by public road of a
boat launching facility open to the public;
( 10 ) Retail firewood sales;
( 11 ) Recycling operations intended to sort and/or process
material for reuse except for those activities described in
Section 88-4 . 206 ;
( 12 ) Museums—in which objects of historical, artistic,
scientific or cultural importance are preserved and displayed.
(Ords . 94- § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-82, 1988,
1569 § 2 : prior code § 8156 (b) ; Ords . 1406 § 3 , 497 § 4 , 382 §
4E. )
SECTION III . Section 84-40 . 404 of the County Ordinance Code is
amended, to correct the reference in its subsection (c) from §
84-38 . 404 (c ) to § 84-38 . 404 , to read as follows :
84-40 . 404 Uses with land use permit. (a ) In an A-3
district, a land use permit may allow the following uses .
(b) Allowable uses are those listed in Section 84-
36 . 404 (b) .
(c) Other allowable uses are those listed in Section 84-
38 . 404 except livestock auction and sales yards .
(d) O'.:her allowable uses are:
( 1 ) Single family or two family dwellings for members
of the .family within the third degree of consanguinity;
2
ORDINANCE NO. 94-
( 2 Processing of milk not produced on the premises .
(Ords . 94- S 3, . 74-37 S 3, 1569 S 24, 1535 S 4 : prior code §
8157 (b) : Ords . 1241 S 2 [ 382 S 4 (X) ] . )
SECTION III . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times , a newspaper of general
circulation published in this County.
PASSED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By:
Board Chair
[SEAL]
VJW:df
(Rev. 2-1-94 )
df10(1): plants.ord
3
ORDINANCE NO. 94-
FAX MEMORANDUM
% CLERK OF THE BOARD OF SUPERVISORS
_
CONTRACOSTA COUNTY
551 Pine Street, Room 106
Martinez, California 94553
Phone (415) 646-2371: FAX 646-1059
DATE: 3- f `T
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---------------
ORDINANCE NO. 94- 28
(Cold Storage Plants As A-2 and A-3 Agricultural
Districts ' Uses )
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) .
SECTION I . SUMMARY. This ordinance amends various
agricultural zoning district provisions to provide for cold
storage facilities as a use not requiring a land use permit.
SECTION II . Article 84-38 . 4 of the County Ordinance Code is
amended to read as follows :
Article 84-38 . 4
Uses
84-38 . 402 Permitted. Uses permitted in the A-2
district shall be as follows :
( 1 ) All types of agriculture, including general farming,
horticulture, floriculture, nurseries and greenhouses, mushroom
rooms, dairying, livestock production, fur farms, poultry
raising, animal breeding, aviaries, apiaries, forestry, and
similar agricultural uses ;
( 2 ) Other agricultural uses , including the erection and
maintenance of sheds , warehouses, granaries , dehydration plants,
hullers, fruit and vegetable packing plants, and agricultural
cold storage plants on parcels at least ten acres in size and
buildings for the storage of agricultural products and equipment;
( 3 ) A stand not exceeding two hundred square feet for sale
of agricultural products grown on the premises . The stand shall
be set back at least twenty-five feet from the front property
line;
(4 ) A detached single family dwelling on each parcel and
the accessory structures and uses normally auxiliary to it;
(5) Foster home or family care home operated by a public
agency, or by a private agency which has obtained state or local
approval ( license) for the proposed operation, where not more
than six minors reside on the premises with not more than two
supervisory persons .
(6 ) A family day care home where care, protection and
supervision of twelve or fewer children in the provider's own
home are provided for periods of less than twenty-four hours per
R C 4-2
day, while the parents or guardians are away.
(Ords . 94-28 § 2, 86-43 S 13, 68-25 § 2, 1968, 1569 , 1555, 1535:
. prior code § 8156 (a) : Ord. 1406 . )
84-38 . 404 Uses with land use permit . The following
uses are allowable on the issuance of a land use permit:
( 1 ) Allowable uses designated in Section 84-36 . 404 :
( 2 ) Merchandising of agricultural supplies and services
incidental to an agricultural use:
( 3 ) Canneries, wineries and processing of agricultural
products and buildings for the storage of agricultural products
on parcels less than ten acres in size:
(4 ) Slaughterhouses and stockyards:
( 5 ) Rendering plants and fertilizer plants or yards:
( 6 ) Livestock auction or sales yards :
( 7 ) Living accommodations for agricultural workers to be
primarily used for temporary housing of agricultural workers
while performing seasonal agricultural work on the owner' s
property:
( 8 ) Commercial recreational facilities when the principal
use is not in a building;
( 9 ) Boat storage areas within one mile by public road of a
boat launching facility open to the public;
( 10 ) Retail firewood sales;
( 11 ) Recycling operations intended to sort and/or process
material for reuse except for those activities described in
Section 88-4 . 206 ;
( 12 ) Museums in which objects of historical , artistic,
scientific or cultural importance are preserved and displayed.
(Ords . 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-82, 1988,
1569 § 2: prior code § 8156 (b) ; Ords . 1406 § 3, 497 § 4, 382 §
4E. )
SECTION III . Section 84-40 . 404 of the County Ordinance Code is
amended, to correct the reference in its subsection (c ) from §
84-38 . 404 (c ) to S 84-38 . 404 , to read as follows :
84-40 . 404 Uses with land use permit. (a) In an A-3
district, a land use permit may allow the following uses .
(b) Allowable uses are those listed in Section 84-
36 . 404 (b) .
(c) Other allowable uses are those listed in Section 84-
38 .404 except livestock auction and sales yards .
(d) 0-!-her allowable uses are:
( 1 ) Single family or two family dwellings for members
of the family within the third degree of consanguinity;
UT-
_ CE .
( 2 Processing of milk not produced on the premises .
. (Ords . 94- 28 § 3, 74-37 § 3, 1569 § 24 , 1535 § 4 : prior code §
8157 (b) : Ords . 1241 § 2 [ 382 § 4 (X) ] . )
SECTION III . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times, a newspaper of general
circulation published in this County.
PASSED on April 26 , 1994 by the following vote:
AYES: Supervisors Smith, Bishop, De Saulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk IT the and of
Superv' sors nd Co ty Administ for 'Thomas M. Powers
By: /!
Ann Cervelli , Deputy oard Chair
JVO :d
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