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Home My WebLink AboutMINUTES - 03121996 - C49 I` e � ==_ Contra f Costa TO: BOARD OF SUPERVISORS County FROM: HARVEY E. BRAGDON `°s;;;-...... DIRECTOR_OF COMMUNITY DEVELOPMENT DATE: February 27, 1996 SUBJECT: AUTHORIZATION OF A NORTH GATE SPECIFIC PLAN AMENDMENT STUDY SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Authorize a review of the North Gate Specific Plan for the Merlot Nursery on North Gate Road. Authorization of a study does not imply concurrence with the request application. 2 . Coordinate the review of the Specific Plan Amendment with the City of Walnut Creek as called for in the Specific Plan. FISCAL IMPACT This will be covered by an amendment fee to be paid for by the applicant. BACKGROUND/REASONS FOR RECOMMENDATIONS A letter request from Mr. Sanford Skaggs has requested the 1991 adopted North Gate Specific Plan be amended to al ow for a commercial nursery to be operated within the specific 1area. CONTINUED ON ATTACHMENT: XX YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENEWItZ& O COMMITTEE APPROVE OTHER S I GNATURE (S) ACTION OF BOARD ON March 12 , 1996 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT 3 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. Orig: Community Development Department ATTESTED March 12 , 1996 cc: Jim Cutler (5-1236) PHIL BATCHELOR, CLERK OF CAO, THE BOARD OF SUPERVISORS County Counsel (OCOUN ADMINISTRATOR Public Works Walnut Creek City Council BY , DEPUTY z HEB:JWC:aw jwc(2)1996\NorthGat.bo AUTHORIZATION OF A NORTH GATE SPECIFIC PIAN AMENDMENT STUDY, Board Order February 23, 1996 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (continued) The North Gate specific Plan was jointly developed by the City of Walnut Creek and the County and has been adopted by both jurisdictions. The Specific Plan currently prohibits commercial uses e.q. as a nursery. This request is to amend the Specific Plan to allow a commercial nursery which has been established on the site. The Specific Plan requires both jurisdictions to cooperate in requests for amendments to the document since it was adopted by both jurisdictions. If the study authorization request is granted, staff will work with Walnut Creek staff to review the merits of the requested change. HEB:JWC:aw jwc(2)1996\NorthGat.bo MCCUTCHE.N,Dol LE,•$ROWN 6 ENERSEN,LLP C,4q February 20, 1996 HAND DELINTRY Mr. Harvey E.- Bragdon Director Community Development Department County of Contra Costa 651 Pine Street, 4th Flr.,No. Wing Martinez, CA 94553 North Gate Specific Plan Request for Amendment Our Temporary File 89000-094 Dear Mr. Bragdon: We represent Harold Farrow who requests that the Board authorize the filing and processing of an amendment to the North Gate Specific Plan,adopted by you on June 25, 1991, as the result of a joint planning effort with the City of Walnut Creek. At the suggestion of Dennis Barry, this letter is directed to you with the request that it be placed on the Board's agenda with a staff recommendation that the request be granted. The area covered by the plan is along the North Gate Road which provides access to Mt. Diablo State Park from the north through the City of Walnut Creek. The Plan area extends from the intersection of North Gate Road and Castle Rock Road south to the public park lands. The City lies west of the Plan area. Mr. Farrow owns approximately one acre of land which fronts on North Gate Road south of its intersection with Arbolado Drive. The address of the parcel is 701 A Northgate Road and it has been assigned APN No. 138-100-008-0. The parcel currently is used for a commercial nursery operating under the name of Merlot Nursery. Mr. Farrow recently discovered that use is prohibited by the Plan although we believe it is permitted by current agricultural zoning. The current use has not created any. significant problems of which Mr. Farrow is aware and he expects his request to be supported by ATTORNEYS AT LAN' 1331 N. California Blvd., P.O. Box V San Francisco Palo Alto Walnut Creek, California 94596-1270 Los Angeles Washington, U.C. Tel. 010) 937-8000 Fax (510) 975-5390 San Jose Taipei http://www.mccutchen.com Walnut Creek ........... Phil Batchelor C February —')0. 1996 his neighbors. Mr. Farro-,v desires to make modest improvements to the property as shown on the enclosed plan. To date, Mr. Farrow has obtained petitions signed by 47 of his neighbors in support of this request. A sample of the petition is attached. The others are available if you wish to see them. Also. the Northgate Property Owners Association supports the continuation of the existing use and the proposed improvements; a copy of its letter dated January 24. 1996, is enclosed also. W'e understand that no filing fee for this application is required at this time. If vou need additional information or if there is anything else we need to do in order for this request to be placed on the Board's agenda, please let me know. Very truly yours. Sanford , . Skaggs Direct: (510)975-5310 sskaL,2s'a.-mdbe.com Enclosures cc: Mr. Dennis Barry Mr. Harold Farrow MCCUTCHEN,DOYLE,BROWN&ENERSEN,LLP February 20, 1996 HAND DELIVERY Mr. Harvey E. Bragdon Director Community Development Department County of Contra Costa 651 Pine Street, 4th Flr.,No. Wing Martinez, CA 94553 North Gate SPCCif1C P12D Request for Amendment Our Temporary File 89000-094 Dear Mr. Bragdon: We represent Harold Farrow who requests that the Board authorize the filing and processing of an amendment to the North Gate Specific Plan, adopted by you on June 25, 1991, as the result of a joint planning effort with the City of Walnut Creek. At the suggestion of Dennis Barry, this letter is directed to you with the request that it be placed on the Board's agenda with a staff recommendation that the request be granted. The area covered by the plan is along the North Gate Road which provides access to Mt. Diablo State Park from the north through the City of Walnut Creek. The Plan area extends from the intersection of North Gate Road and Castle Rock Road south to the public park lands. The City lies west of the Plan area. Mr. Farrow owns approximately one acre of land which fronts on North Gate Road south of its intersection with Arbolado Drive. The address of the parcel is 701 A Northgate Road and it has been assigned APN No. 138-100-008-0. The parcel currently is used for a commercial nursery operating under the name of Merlot Nursery. Mr. Farrow recently discovered that use is prohibited by the Plan although we believe it is permitted by current agricultural zoning. The current use has not created any significant problems of which Mr. Farrow is aware and he expects his request to be supported by A T T 0 R N E V S A T L A W 1331 N. California Blvd., P.O. Box V San Francisco Palo Alto Walnut Creek, California 94596-1270 Los Angeles Washington, D.C. Tel. (510) 937-8000 Fax (510) 975-5390 San Jose Taipei http://www.mccutchen.com Walnut Creek Phil Batchelor February 20, 1996 Page 2 his neighbors. Mr. Farrow desires to make modest improvements to the property as shown on the enclosed plan. To date. Mr. Farrow has obtained petitions signed by 47 of his neighbors in support of this request. A sample of the petition is attached. The others are available if you wish to see them. Also, the Northgate Property Owners Association supports the continuation of the existing use and the proposed improvements. a copy of its letter dated January 24, 1996, is enclosed also. We understand that no filing fee for this application is required at this time. If you need additional information or if there is anything else we need to do in order for this request to be placed on the Board's agenda, please let me know. Very truly vours. Sanford N6,. Skaggs Direct: (510)975-5310 sskaees@mdbe.com Enclosures cc : Mr. Dennis Barry Mr. Harold Farrow