HomeMy WebLinkAboutMINUTES - 04152003 - D5 t►�-•L
TO: BOARD OF SUPERVISORS
• Contra
M:
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
coo
DATE: APRIL 15, 2003
SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON A
PROPOSAL TO REPEAL CHAPTER 84-36 OF THE COUNTY ORDINANCE CODE TO
ELIMINATE THE A-1: LIGHT AGRICULTURAL DISTRICT AS MANDATED UNDER
THE COUNTY GENERAL PLAN (Ali Districts)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
A. OPEN the Public Hearing.
B. DETERMINE that for purposes of compliance with the California Environmental
Quality Act, the project is Categorically Exempt (Minor Alterations in Land Use
Limitations, Class 5).
C. FIND that the repeal of Chapter 84-36 of the County Ordinance Code, which would
eliminate the A-1: Light Agricultural District, as recommended by the County Planning
Commission, is consistent with the General Plan.
D. INTRODUCE Ordinance 2003-11, waive the reading, and set May 6, 2003 for
adoption.
E. DIRECT staff to post a Notice of Exemption with the County Clerk.
y'
CONTINUED ON ATTACHMENT: X YES SIGNATURE -
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER—
VOTE OF SUPERVISORS
UNANIMO
(AB ENTI rJ.I x I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: �-AWU;41 NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF
DISTRICT III SEAT VACANT SUPERVISORS ON THE DATE SHOWN
Contact: Patrick Roche (925)335-1242 ATTESTED
('i '
� 0cc:Community Development Department JOHN SWEETE , CLERK OF T E BOAMD OF
County Counsel SUPERVISORS AND COUNTY ADMfNISTRATOR
Building Inspection Department
DEPUTY
BYE `(`' ,
APRIL 15,2003
BOARD OF SUPERVISORS HEARING ON REPEAL CHAPTER 84-36,A-1:LIGHT AGRICULTURAL DISTRICT
PAGE 2
FISCAL IMPACT
None.
BACKGROUND / REASON FOR RECOMMENDATION
This is a proposal to repeal Chapter 84-36 of the County Ordinance Code to eliminate the A-1: Light
Agricultural District as mandated under the County General Plan. The elimination of the A-: Light
Agricultural District will require modifications to the A-2: General Agricultural District and A-3: Heavy
Agricultural District text to remove reference to the A-1: Light Agricultural District. These changes are
contained in Exhibit "A": Ordinance 2003-11, which has been reviewed by County Counsel.
The Land Use Element to the County General Plan describes conformity between the General Plan
land use designations and consistent Zoning Districts. Table 3-5 on page 3-23 in the General Plan
indicates that the A-1: Light Agricultural District does not conform to any of the General Plan land use
designations (in particular the open space/agricultural lands designation). Footnote 1 to Table 3-5
states that 1. This inventory presumes that the four antiquated zoning districts will be deleted from the
County Zoning Ordinance: F-R(Forestry-Recreation); U (Unrestricted); F-1 (Water Recreation); and A-
1 (Light Agricultural)." The County General Plan on page 3-43, Land Use Element, Implementation
Measures, under 3-a further directs "Revise the County Zoning Ordinance and other ordinances to
conform the land use designations included in this General Plan, e.g.,delete the F-R, U,A-1, and F-1
Zoning Districts; create a new Commercial Recreation District."
In 1991, when the Board of Supervisors adopted the comprehensive update to the County General
Plan, substantial effort was given to reviewing the goals and policies of the General Plan and how
existing Zoning Districts would allow for plan fulfillment. The A-1: Light Agricultural District was
deemed a non-conforming zoning district with any of the open space/agricultural lands use
designation under the General Plan. This was because the A-1 district set a minimum lot size of
twenty thousand (20,000)square feet;whereas,the General Plan sets a minimum of 5-acre lot size for
agricultural lands. The 20,000 square foot lot, or half-acre lot, is typically designated for lower density
residential development in a suburban setting, and the County Zoning Ordinance Code provides for
such sized lots under the R-20: Single Family Residential—Low Density District. While the A-1 district
shares the same 20,000 square foot lot size, it differs from the R-20 district in that it make provisions
for agricultural uses on the land. There are presently no lands in the unincorporated area of the
County zoned under the A-1: Light Agricultural District.
Since there are no lands in the County that are currently zoned under the A-1 district and it does not
conform with the open space/agricultural lands designation under the General Plan, the County
Planning Commission recommends the repeal of Chapter 84-36, A-1: Light Agricultural District from
the County Zoning Ordinance Code.
Attachments(4)
Exhibit"A":Ordinance 2003-11
Exhibit"B":County Planning Commission Resolution No.10-2003
Exhibit"C":Report to County Planning Commission,7/23/2002
Exhibit"D":CPC Public Hearing Notice
G:1Advance Planning\adv-plan\Board OrderslBOARD ORDER REPEAL A-1 DISTRICT 04-15-03.doc
ADDENDUM TO ITEM D.5
April 15, 2003
On this day, the Board of Supervisors closed the public hearing on the Contra
Costa County Planning Commission recommendation to repeal Chapter 84-36 of
the County Ordinance Code to eliminate the A-1: Light Agricultural District as
mandated by the County General Plan.
The Board discussed the matter, and made the following recommendations:
• DETERMINED that for purposes of compliance with the California
Environmental Quality Act, the project is categorically exempt(Minor
alterations in Land Use Limitations, Class 5);
• FOUND that the repeal of Chapter 84-36 of the County Ordinance Code,
which would eliminate the A-1: Light Agricultural District, as
recommended by the County Planning Commission, is consistent with the
General Plan;
• INTRODUCED Ordinance No. 2003-11;
• WAIVED the reading, and SET May 6, 2003 for adoption;
• DIRECTED Staff to post a Notice of exemption with the County Clerk.
The vote on the motion was as follows:
AYES: Supervisors Gioia,Uilkema, Glover and DeSaulnier
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed
Exhibit "A": Ordinance 2003-11
ORDINANCE NO. 2003-11
AGRICULTURAL DISTRICTS
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 repeals Chapter 84-36 of the County Ordinance Code
(A-1 Light Agricultural District) in its entirety. This ordinance also amends sections of Chapter 84-38
(A-2 General Agricultural District) and Chapter 84-40(A-3 Heavy Agricultural District)to remove
references to the A-1 district and to clarify that most uses requiring a land use permit under repealed
Chapter 84-36 also require a land use permit under Chapter 84-38 and Chapter 84-40.
SECTION II. Chapter 84-36 of the County Ordinance Code is repealed in its entirety.
SECTION III. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses with land use permit.
The following uses maybe allowed in an A-2 district on the issuance of a land use permit:
(1) Home occupations.
(2) Publicly owned parks and playground.
(3) Dude ranches,riding academies and stables, and dog kennels.
(4) Publicly owned buildings and structures, except as provided in Division 82.
(5) Commercial radio and television receiving and transmitting facilities but not including
broadcasting studios or business offices.
(6) Wind energy conversion systems. This use is allowed without a land use permit if used only as
an accessory to an allowable residential or agricultural use:
(7) A family care home where care,protection and supervision of thirteen or more children in the
provider's own home are provided for periods of less than twenty-four hours per day,while the
parents or guardians are away.
(8) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent
homes.
(9) Churches,religious institutions, and parochial and private schools, including nursery schools.
(10) Community buildings, clubs, and activities of aquasi-public, social, fraternal, or recreational
character, such as golf,tennis or swimming clubs,or veterans' or fraternal organizations. These
uses are prohibited if organized for monetary profit.
(11) One additional single family dwelling.
(12) Medical and dental offices and medical clinics.
ORDINANCE NO. 2003-11
1
(13) Merchandising of agricultural supplies and services incidental to an agricultural use.
(14) Canneries,wineries and processing of agricultural products and buildings for the storage of
agricultural products on parcels less than ten acres in size.
(15) Slaughterhouses and stockyards.
(16) Rendering plants and fertilizer plants or yards.
(17) Livestock auction or sales yards.
(18) 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.
(19) Commercial recreational facilities when the principal use is not in a building.
(20) Boat storage areas within one mile by public road of a boat launching facility open to the public.
(21) Retail firewood sales.
(22) Recycling operations intended to sortor process material for reuse. Junkyards, defined in
Section 88-4.206, are prohibited.
(23) Museums in which objects of historical, artistic, scientific or cultural importance are preserved
and displayed. (Ords. 2003-11 § 3, 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 IV. Section 84-38.802 of the County Ordinance Code is amended to read:
84-38.802 Building height—Maximum.
No structure or building permitted in an A-2 district shall exceed two and one-half stories or 35 feet in
height,whichever is greater. (Ords. 2003-11 § 4, Ord. 1569: Ord. 1555:prior code § 8156(fl: Ord.
1406.)
SECTION V. Section 84-38.1004 of the County Ordinance Code is amended to read:
84-38.1004 Yard—Setback.
Any structure in the A-2 district shall have a setback(front yard)of at least 25 feet except on corner
lots,where the principal frontage of the lot shall have a setback of at least 25 feet and the other
setback shall be at least 20 feet. (Ords. 2003-11 § 5, Ord. 1569: Ord. 1555:prior code § 8156(g):
Ord. 1406.)
SECTION VI. Section 84-40.404 of the County Ordinance Code is amended to read.-
8440.404
ead:84-40.404 Uses with land use permit.
The following uses maybe allowed in an A-3 district on the issuance of a land use permit:
ORDINANCE NO. 2003-11
2
(1) All allowed uses listed in Section 84-38.404, except for livestock auction or sales yards.
(2) Processing of milk not produced on the premises. (Orris. 2003-11 § 63, 94-2.8 § 3, 74-37 § 32
1569 § 24, 1535 § 4;prior code § 8157(b): Ords. 1241 § 2 [382 § 4(X)]).
SECTION VII, EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,and
within 15 days after passage shall be published once with the names of supervisors voting for or
against it in the Contra Costa Times, a newspaper published in this County.
PASSED on ,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy .
TLG:
MV003'CommunityDevelopmentlA-1 wnerepeal.wpd
ORDINANCE NO. 2003-11
3
f
Exhibit "B": Countv-Planninq Commission Resolution No.10-2003
RESOLUTION NO. 10-2003
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDATIONS ON THE
PROPOSED REPEAL OF CHAPTER 84-36 OF THE COUNTY ORDINANCE CODE TO
ELIMINATE THE A-1: LIGHT AGRICULTURAL DISTRICT AS MANDATED UNDER
THE GENERAL PLAN, County File#ZT 02-0007.
WHEREAS, the Land Use Element of the County General Plan describes conformity
between the General Plan land use designations and consistent zoning districts; and
WHEREAS,Table 3-5 on page 3-23 in the County General Plan indicates that the A-1:Light
Agricultural District does not conform to the any of the General Plan land use designations, in
particular the open space/agricultural lands designation; and
WHEREAS,the County General Plan on page 3-23,Table 3-5, an inventory of consistency
between the General Plan and the zoning ordinance presumes that four antiquated zoning districts,
including the A-1 District,will be deleted from the County Zoning Ordinance Code,and on page 3-
43,Land Use Element,Implementation Measures,under Implementation Measure#3-a directs that
the County Zoning Ordinance and other ordinances should be revised to conform the land use
designations included in this General Plan, e.g., delete the F-R, U, A-1, and F-1 Zoning Districts;
create a new Commercial Recreation District."; and
WHEREAS,since there are no lands are currently zoned under the A-1 District,and the A-1
District does not conform with open space/agricultural lands designation under the County General
Plan; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the
County Planning Commission on Tuesday, July 23, 2002, whereas all persons interested might
appear and be heard; and
WHEREAS, on Tuesday, July 23, 2002, the County Planning Commission having fully
reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and
WHEREAS, for purposes of compliance with provisions of the California Environmental
Quality Act and State and County CEQA guidelines, the project is Categorically Exempt (Minor
Alterations in Land Use Land Use Limitations Class 5; and
NOW,THEREFORE,BE IT RESOLVED that County Planning Commission of the County
of Contra Costa recommends for adoption to the Board of Supervisors of the County of Contra Costa
the repeal of Chapter 84-36 to the Zoning Ordinance Code which would eliminate the A-1 Light
Agricultural District,and would require text modifications to the A-2:General Agricultural District
and A-3 Heavy Agricultural District to remove reference to the A-1: Light Agricultural District.
Further the Commission finds that the proposed repeal of the A-1:Light Agricultural District
is consistent with the General Plan,
BE IT FURTHER RESOLVED that the Secretary of the County 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 County Planning Commission to prepare this resolution were given by
motion of the County Planning Commission on Tuesday, July 23, 2002, by the following vote:
AYES: Commissioners - Battaglia, Clark, Gaddis,Hanecak, and Terrell
NOES: Commissioners- None
ABSENT: Commissioners - Wong and Mehlman
ABSTAIN: Commissioners- None
Richard Clark,
Chair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
Dennis M. Barry, Secretary
County Planning Commissio
County of Contra Costa
State of California
GAAdvance PlanningNadv-plan\Board Orders\CPC A-1 Resolution.doc
Exhibit "C": Report to County Planning Commission, 7/23/2002
Agenda Item#�
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY, JULY 23, 2002
I. INTRODUCTION
This is a proposal to repeal Chapter 84-36 of the County Ordinance
Code to eliminate the A-1 Light Agricultural District as mandated
under the County General Plan. The deletion of the A-1 Zoning
District will require modification of the A-2 and A-3 Zoning District
text since they both refer back to the A-1 district.
11. RECOMMENDATION
Adopt a motion recommending the Board of Supervisors to repeal the
A-15 Light Agricultural District section 84-36 of the County
Ordinance Code. Further recommend that the ordinance text to the A-
2 General Agricultural District and the A-3 Heavy Agricultural
District be modified to include the uses requiring a land use permit
section presently included by section reference from the A-1 district.
The effect will be to maintain the existing allowable uses in the A-2
and A-3 districts.
III. JURISDICTION OF THE COMMISSION
This is being brought to the County Planning Commission since this is
a project which is countywide in scope; such action is consistent with
the ordinance defining the roles of this County's Planning
Commission. Sole jurisdiction to make a recommendation is vested
with the County Planning Commission.
S-2
IV. CEQA
This project is a Class 5 Categorical Exemption which deals with
Minor Alterations in Land use Limitation. The abolition of an
obsolete zoning district and modification of other districts to maintain
the same allowable uses now dealt with by reference has no
environmental impact.
V. GENERAL PLAN GUIDANCE
The General Plan Land Use Element describes the confornuty
between the County's land use designations and consistent Zoning
ordinance districts. On page 3 - 23 of the plan, Table 3-5 does not
indicate that the A-1 zone provides conformity with any of the
existing General Plan designations. Footnote 1 to that table states that
"1. This inventory presumes that the four antiquated zoning districts
will be deleted from the County Zoning Ordinance: F-R (Forestry
Recreation); U (Unrestricted); F-1 (Water Recreation); and A-1 (Light
.Agriculture)."
The intent to delete this zoning district is reinforced in the Land Use
Element chapter's implementation measures section found on page 3-
43. The first implementation measure in this chapter reads "3-a.
Revise the County Zoning Ordinance and other ordinances to conform
with the land use designations included in this General Plan, e.g.,
delete the F-R, U, A-1 and F-1 Zoning Districts; create a new
Commercial Recreation District."
Thisproposal is in furtherance of this General Plan implementation
measure.
VI. REPEAL OF TIS A-1 ZONING DISTRICT
Presently _there are no lands ,.zoned A-1 ,in,the unincorporated area.
When the County General Plan was comprehensively updated in
1991, substantial effort was given to reviewing the goals and policies
of the plan and how existing zoning districts would allow for plan
fulfillment. The A-1 was deemed not to comply with any General
Plan category.
S-3
The minimum lot area within the A-1 district is twenty thousand
(20,000) square feet. Half-acre lots are typically considered a
suburban density not an agricultural one. The County Ordinance Code
has an R-20 Single Family Residential Zoning District with a twenty
thousand (20,000) square feet minimum lot size requirement. These
two districts somewhat parallel each other except that the A-1 makes
provision for agricultural uses on the land. The text of the A-1 Zoning
District is attached.
Since no lands are currently designated A-1 and it does not have
conformity with the County General Plan, it is recommended for
repeal. This action will not affect any land within the County.
VII. MODIFICATION OF THE A-2 GENERAL AGRICULTURAL
DISTRICT
The County Ordinance Code is organized to cross reference zoning
district provisions with those found in another, particularly in
reference to similar land use categories. The A-2 Zoning District
section dealing with "uses with land use permit" (84-3 b) references
the A-1 Zoning District. It reads "(b) Allowable uses are those listed
in Section 84-36.404." The uses found in that section are listed
below:
(b) Allowable uses are:
(1) Home occupations:
(2) Publicly owned parks and playgrounds;
(3) Dude ranches, riding academies and stables, and
dog kennels:
(4) Publicly owned buildings and structures, except as
provided in Division 82:
(5) Commercial radio and television receiving and
transmitting facilities but not including
_
broadcasting._studios_or business offices:.
(6) Wind energy conversion systems except when
used only as an accessory to an allowable
residential or agricultural use:
(7) A family care home where care, protection and
supervision of thirteen or more children in the
S-4
provider's own home are provided for periods of
less than twenty-four hours per day, while the
parents or guardians are away
(c) Other allowable uses are:
(1) Hospitals, animal hospitals, eleemosynary and
philanthropic institutions and convalescent homes;
(2) Churches, religious, institutions, and parochial and
private schools, including nursery schools:
(3) Community buildings, clubs and activities of a
quasi-public, social, fraternal, or recreational
character, such as: golf, tennis and swimming
clubs, and veterans' and fraternal organizations not
organized for monetary profit: these uses are
allowed only where not organized for monetary
profit:
(4) More than one detached dwelling unit on a lot or
parcel of land:
(5) Medical and dental offices and medical clinics.
(Ords. 86-43 § 12, 84-24 § 25 74-37 § 1, 1569 § 2.:
prior code § 8155 (b): Ords. 1406 § 2, 705 § 4 (382
§ 4 (P) I)e
To maintain the A-2 Zoning District allowable uses requiring a land
use permit as they currently exist, these uses should be merged into
the A-2 Zoning District text. This is shown on Exhibit A and the
merged additions and text modifications are typed in italics; the
deletions are in strikeover.
VIII. MODIFICATION OF THE A-3 HEAVY AGRICULTURAL
DISTRICT
The A-3 Zoning District section dealing "with uses with land use
permit (#84-40.404) references the A-1 Zoning District. It reads "(b)
Allowable uses are those listed in Section 84-36.404 (b)."
Those uses found in Section 84-36.404 (b) are listed below:
(b) "Allowable uses are:
(1) Home occupations:
(2) Publicly owned parks and playgrounds;
S-5
(3) Dude ranches, riding academies and stables, and
dog kennels:
(4) Publicly owned buildings and structures, except as
provided in Division 92:
(5) Commercial radio and television receiving and
transmitting facilities but not including
broadcasting studios or business offices:
(6) Wind energy conversion systems except when
used only as an accessory to an allowable
residential or agricultural use:
(7) A family care home where care, protection and
supervision of thirteen or more children in the
provider's own home are provided for periods of
less than twenty-four hours per day, while the
parents or guardians are away."
Note that this is a subset of those uses found in the A-2 Zoning
District. The revised text is shown in Exhibit B and the merger
additions and text modifications are typed in italics; the deletions are
shown in strikeover.
IX. SUMMARY
The actions recommended above will repeal the A-1 Zoning district.
They will modify the A-2 and A-3 Zoning District to eliminate the
referral to the A-1 Zoning District and insert those items requiring a
land use permit from the A-1 text within the A-2 and A-3 district text
and thus maintain the status quo. See Exhibit C for Ordinance Code
Section 84-3 6: A-1 Light Agricultural District that would be repealed.
No effort has been made by this proposal to review the
appropriateness of the uses which require a land use permit in
agricultural zones. That goes beyond the limited purposes of this
proposed action. It would take what should be anon-controversial act
and add the potential for controversy.
G:Cur Plan/StaffReport/A1 Staff Report
EXHIBIT A
Chapter 84-38 Article 84-38.4
Uses
A-2 GENERAL AGRICULTURAL
DISTRICT 84-38.402 Permitted. Uses permitted in the
A-2 district shall be as follows:
Article 84-38.2 General (1) All types of agriculture, including
Sections: general farming, horticulture, floriculture,
84-38-202 General provisions. nurseries and greenhouses, mushroom rooms,
dairying, livestock production,fur farms,poultry
Article 84-38-4 Uses raising, animal breeding, aviaries, apiaries,
Sections: forestry, and similar agricultural uses;
84-38.402 Permitted. (2) Other agricultural uses, including the
84-38.404 Uses with land use permit. erection and maintenance of sheds, warehouses,
84-38.406 Uses-Refuse disposal site- granaries, dehydration plants, hullers, fruit and
Permit required. vegetable packing plants, and agricultural cold
storage plants on parcels at least ten acres in size
Article 84-38.6 Lots and buildings for the storage of agricultural
Sections: products and equipment;
84-38.608 Lot area,width and depth. (3) A stand not exceeding two hundred
84-38.610 Existing legal lots excepted. square feet for sale of agricultural products
grown on the premises. The stand shall be set
Article 84-38.8 Building Height back at least twenty-five feet from the front
Sections: property line;
84-38.802 Building height—Maximum. (4) .A detached single-family dwelling on
each parcel and the accessory structures and uses
Article 84-38.10 Yards normally auxiliary to it;
Sections: (5) Foster home or family care home
84-38.1002 Yard—Side. operated by a public agency, or by a private
84-3 8.1004 Yard—Setback. agency which has obtained state or local
84-3 8.1006 Yard—Rear. approval (license) for the proposed operation,
where not more than six minors reside on the
premises with not more than two supervisory
Article 84-38.12 Land Use and variance persons;
Permits (6) A family day care home where care,
Sections: protection and supervision of twelve or fewer
84-3 8.1202 Land Use and variance permit— children in the provider's own home are
Granting. provided for periods of less than twenty-four
hours per day,while the parents or guardians are
Article 84-38.2 away. (Orris.94-28 §2, 86-43 § 13, 68-25 § 21
General 1968, 1569, 1555, 1535:prior code§ 8156(a):
Ord. 1406).
84-38.202 General provisions. All of the land
lying within an A-2 general agricultural district 84-38-404 Uses with land use permit. The
may be used for any of the following uses,under following uses are allowable on the issuance of
-the -following regulations-- set- forth in this - -a-land-use permit: - -
chapter. (Ord. 1569: Ord. 1555: prior code § '
l�� /,��Rtt�n�ls•anon r�ne��rr��n�n� ter► �on+��� Q/�
8156(part): Ord. 1406). .
(1) Home occupations:
(2) Publicly owned parks and playground:
(3) Dude ranches, riding academies and
stables, and dog kennels:
(4) Publicly owned buildings and (22) Recycling operations intended to sort
structures, except as provided in Division 82: and/or process material for reuse except for
(S) Commercial radio and television receiving those activities described in Section 884.206;
and transmitting facilities but not including (23) Museums in which objects of historical,
broadcasting studios or business offices: artistic, scientific or cultural importance are
(6) Wind energy conversion systems, except preserved and displayed. (Ords. 94-28 § 2,
when used only as an accessory to an 89-46 § 21 76-36 § 3, 7437 § 2, 60-82, 1988,
allowable residential or agricultural use: 1569 § 2: prior code § 8156(b): Ords. 1406 §
(7) A family care home where care,protection 3,497 §41 382 §4E).
and supervision of thirteen or more children in
the provider's own home are provided for 84-38.406 Uses — Refuse disposal site —
periods of less than twenty-four hours per day, Permit required. Refuse disposal sites are
while the parents or guardians are away: permitted in the A-2 district upon the issuance
(8) Hospitals, animal hospitals, eleemosynary of a permit under the provisions of Chapter
and philanthropic institutions, and 418-4. (Ord.72-89 §2, 1972).
convalescent homes:
(9) Churches, religious institutions, and Article 84-38.6
parochial and private schools, including Lots
nursery schools:
(10) Community buildings, clubs, and activities 84-38.608 Lot area,width and depth,
of a quasi public, social, fraternal, or Except as provided in Section 84-38.610,uses
recreational character, such as: golf, tennis allowable under Article 84-38.4 are allowable
and swimming clubs, and veterans' and only on lots which equal or exceed all of the
fraternal organizations not organized for following: five acres in area,two hundred fifty
monetary profit: these uses are allowed only feet average width, and two hundred foot depth.
where not organized for monetary profit: (Ord. 73-86§ 1 (part), 1973).
(I1)More than one detached dwelling unit on
a lot or parcel of land: 8438.610 Existing legal lots excepted.
(12)Medical and dental offices and medical Any single lot legally created in an A-2 district
clinics: before November 29, 1973, at least forty
(13)Merchandising of agricultural supplies and thousand square feet in area may be used as
services incidental to an agricultural use; provided in Article 84-38.4. (Ord. 73-86 § 1
(14) Canneries, wineries and processing of (part),, 1973).
agricultural products and buildings for the
storage of agricultural products on parcels less Article 84-38.8
than ten acres in size; Building Height
(1S) Slaughterhouses and stockyards;
(16)Rendering plants and fertilizer plants or 8438.802 Building height—Maximum.
yards; Building height provisions for the A-2 district
(17) Livestock auction or sales yards; shall be the same as those for the A-1 district.
(18) Living accommodations for agricultural (Section 8436-802). (Ord. 1569: Ord. 1555:
workers to be primarily used for temporary or code § 8156(fl: Ord. 1406).
housing of agricultural workers while
performing seasonal agricultural work on the Article 84-38.10
-owner'sproperty;.. _ - - -_ _ _ Yards
(19) Commercial recreational facilities when
the principal use isnot in a building; 84-38.1002 Yard-Side. There shall be an
(20) Boat storage areas within one mile by aggregate side yard width of at least forty feet.
public road of a boat launching facility open to No side yards shall be less than twenty feet in
the public; width. No barns, stables,apiaries, aviaries,or
(21) Retail firewood sales; other buildings or structures used to house
EXHIBIT B
livestock, grain-fed rodents,bees,birds, or Article 84-40.8 Building Height
poultry shall be located in the A-2 district nearer Sections:
than fifty feet to the boundary line of any 84-40.802 Building Height—Maximum.
residential land use district. (Ord. 1569: Ord.
1555: prior code § 8156 (g): Ord. 1406). Article 8440.10 Yards
Sections:
84-38.1004 Yard—Setback. Setback(front 8440.1002 Yard—Side.
yard)provisions for the A-2 district shall be the 84-40.1004 Yard—Setback.
same as those for the A-1 district(84-36.1004). 8440.1006 Yard—Rear.
(Ord 1569: Ord. 1555: prior code § 8156(h):
Ord. 1406). Article 84-40-12 Land Use and
Variance Permit
84-38.1006 Yard—Rear.There shall be a rear Sections:
yard of at least fifteen feet for any structure. 84-40.1202 Land use and variance permit—
(Ord. 15 69: Ord. 1555: prior code § 8156(i): Granting.
Ord. 1406).
Article 84-40.2
Article 84-38.12 General
Land Use and Variance Permits
8440.202 General Provisions. All land
84-38.1202 Land use and variance permit within an A-3 heavy agricultural district may be
—Granting. Land use permits for the special used for any of the following uses,under the
uses enumerated in Section 84-38.404 and following regulations set forth in this chapter.
variance permits to modify the provisions (Ord. 1569:prior code § 8157(part):Ord. 1241).
contained in Sections 84-38.602 through 84-
38.1006 may be granted in accordance with Article 84-40.4
Chapter 82-6.(Ord. 1569: Ord. 1555:prior Uses
code § 81560): Ord. 1406).
84-40.402 Uses—Permitted. Uses permitted
Chapter 84-40 in the A-3 district shall be as follows:
(1) All the uses designated for the A-2 district
A-3 HEAVY AGRICULTURAL DISTRICT in Section 84-38.402 except for the deletion of
"A detached single-family dwelling on each lot,
Article 8440.2 General etc.";
Sections: (2) Residence of the owner,owners,lessee, or
8440.202 General Provisions lessor of the land on which the use is
conducted. (Ord. 1569: Ord. 1535;prior code§
Article 8440.4 Uses 8157(a): Ord 1241).
Sections:
84-40.402 Uses—Permitted. 84-40.404 Uses with land use permit.
84-40.404 Uses with land use permit. (a) In an A-3 district,a land use permit may
84-40.406 Uses-Refuse disposal site— allow the following uses.
• A 1Ie=VT,8*b I f
o»non i+ro L�nn l+n♦otI grA MYa
Permitrequire . (b)
Aft
ide 84-40.6 Lots (1)-0t er allowable uses are fhose-listed.'-in-
Sections:
in
Sections: Section 84-38.404 except livestock auction
84-40-602 Lot—Area. and sales yards.
84-40-604 Lot:Width. OtLer Allewal6le„non „ro.
84-40-606 Lot—Depth. (2) Single-family or two-family dwellings
for members of the family within the third-
degree of consanguinity;
(3) Processing of milk not produced on the 8440.606 Lot—Depth. There shall be no
premises, (Ords. 94-28 § 3, 74-37 § 3, 1569 minimum lot depth in the A-3 district. (Ord.
§24, 1535 § 4;prior code § 8157(b): Ords. 1569: prior code § 8157(e): (Ord. 1241).
1241 § 2 [382 § 4(X-)])•
(4) Home occupations: Article 84-40.8
(S) Publicly owned parks and playgrounds: Building Height
(6) Dude Ranches, riding academies and
stables and dog kennels: 84-40.802 Building height—Maximum.
(7)Publicly owned buildings and structures, There shall be no maximum building or
except as provided in Division 82: structure height in the A-3 district.(Ord.
(8)Commercial radio and television 1569:prior code § 8157(fl: Ord. 1241).
receiving and transmitting facilities but not
including broadcasting studios or business Article 84-40-10
offices: Yards
(9) Wind energy conversion systems, except
when used only as an accessory to an 84-40.1002 Yard—Side. No side yards
allowable residential or agricultural use: shall be less than twenty-five feet wide;barns,
(10)A family care home where care, stables, and other building or structures used
protection and supervision of thirteen or to house livestock,grain-fed rodents,or
more children in the provider's own home poultry shall be at least fifty feet from the
are provided for periods of less than twenty- boundary line of any residential land use
four hours per day, while the parents or district. (Ord. 1569:prior code § 8157(g):
guardians are away. Ord. 1241).
84-40.406 Uses—Refuse disposal site— 84-40.1004 Yard—Setback. There shall be
Permit required. Refuse disposal sites are a setback(front yard)of at least twenty-five
permitted in the A-3 district upon the feet for any building or structure. (Ord. 1569:
issuance of a permit under the provisions of prior code § 8157(h): Ord. 1241).
Chapter 418-4. Ord. 72-89 § 3, 1972).
84-40.1006 Yard—Rear. There shall be a
Article 84-40.6 rear yard of at least twenty-five feet for any
Lots building or structure. (Ord. 1569:prior code§
8157(1): Ord. 1241).
8440.602 Lot—Area. No agricultural
shall be permitted and no structure permitted Article 8440.12
in the A-3 district shall be erected or placed Land Use and Variance Permits
on a lot smaller than ten acres, except that
poultry raising,raising of grain-fed rodents, 8440.12 Land use and variance per —
berry farming, greenhouses and nurseries, Granting.. Land use permits for the_special..
mushrooms rooms,fur farms,aviaries, and uses enumerated in Section 84-40.404 and
apiaries may be permitted on a lot at least variance permits to modify the provisions
two and one-half acres in area. (Ord. 1569: contained in Sections 84-40.602—84-40.1006
prior code § 8157(c): Ord. 1241). may be granted in accordance with this
Chapter 82-6. (Ord. 1569 prior code § 81576):
�&=Widtfi. No agricultural - Ord: 124I)6
pursuit shall be permitted and no structure
permitted in the A-3 district shall be erected
or placed on a lot less than one hundred
forty feet in average width. (Ord. 1569:
prior code § 8157(d):Ord. 1241).
EXHIBIT C
A.-1 A LIGHT AGRI
Chapter 84-36 breeding, raising of grain-fed rodents, aviaries,
apiaries. and similar agricultural uses;
A-1 LIGHT- AGRICULTURAL (2) -A stand not exceeding two hundred
square feet for sale of agricultural products
DISTRICT grown on-the premises. The stand shall be set
Article 84-36.2 General back at least twenty-five feet from the front
Sections: property line;
(3) A detached single family dwelling on each
84-36-202 General provisions. lot and 'the. accessory structures and uses
Article 84-36.4 Uses normally auxiliary to it:
Sec
tions, -
(4) Publicly owned parks and playgrounds-,
84-36.402 Uses—Permitted. (5) The keeping of livestock. No livestock
84-36.404 Uses--Re quiring la:nd use shall be kept on any taxable unit of land less
pennit. than one acre', and no more than two head of
Article 84-36.6 Lots livestock may be maintained per acre on any
Sections:
taxable. unit of land in the A-1 district.-Barns,
84-36.602 Lot—Area.
84-36.604 Lot—Width. stables, and other buildings or structures used to
84-36-606 Lot—Depth. house livestock shall not be located or main-
Article 84-36.8 Building Height tain,ed in the A-1 district. -nearer than one
Sections: hundred feet to the boundary line of any street
84-36.802 Building height—Maximum. or public road, nor nearer than fifty feet to any
Article 84-36.10 Yards side, front, or rear property line of the lot or
Sections: parcel of land. Fenced pasture, paddocks, or
84-36.100" Yard—Side. other enclosed livestock.areas shall not be lo,-
84-36.1004 Yard—Setback. ca ted nearer than ten feet to any front, side.,
84-36.1006 Yard—Rear. or rear pr6perty line of the.lot or parcel of land;
Article 84-36.12 Land Use and Variance (6) Foster home or family care home oper-
Permi ts ated by a public agency, or by a private agency
Sections: which , has obtained state or local approval
84-36.1202 Land use and variance permit (license) for the proposed operation, where not
-Granting. more than six minors reside on the premises
with not more than two supervisory persons.
Article 84-36.2 (7) A family day care home where care,
General protection and. supervision of twelve or fewer
children in the provider's own home are provid-
84-36.202 Gene*ral provisions. All of the cd for periods of less.-than twenty-four hours
land lying within an A-1 lip-hr agricultural dis-
0 *_1 - per day, whi]e the parents or guardians are
trict inay be used for any of the following uses. away. (Ords. 86-43 § 11. 68-25 § 2, 1968,.
under the following regulations set forth in
this chapter. (Ord. 1569:. prior code § 8155 1569: prior code § 8155(a): Ord. 1406).
(part): Ord. 1406). Uses Requiring land use
permit. (a) In an A-1 district the following
Article 84-36.4 uses are allowable on the issuance of a land use
permit.
Uses
M Allowable uses are:
(1) Home occupations-.
84-36.402 Uses — Permitted. Uses per- (2) --Publicly- --owned-parks-and--playgrou nds-.,
mitted--in --the A-1 -district-shall- be-At-16116W�: (3) Dude ranches, riding academies and
(1) Small farming, including horticulture,
floriculture. nurseries and crreenhouses. mush- tables, and dog kennels:
room rooms, fur farms, poultry raising, animal (4) Publicly owned buildings and struc-
tures, except as provided in Division 82:
(5)) Commercial radio and television receiving
32
3
-)-8438.402 Z( NO
'.`U LTU RAL D. RICT 84-36._:'i: %.;r84-36.606
or established on a lot less than one hundred
and transmitting facilities but not including
broadcasting studios or business offices; twenty feet deep. (Ord. 1569: prior code
81 55(e): Ord. 1406).
(6) Wind energy conversion systems, except
when used only as an accessory to an allowable Article 84-36.8
residential or-agricultural use; Building Height
(7) A family care home where* care,, protec-
tion and-supervision of thirteen or more children 84-36.802 Building height -- Maximum. No
in the provides own home are provided for• structure or building herein permitted shall
periods of less than twenty-four hours per day,
while the parents or guardians are away. exceed two and one stories or thirty-five
(c) Other allowable uses are:
feet in height, whichever is greater. (Ord.-1569:
Hospitals, qnbnal.. hospitals, eleemosy- prior code § 8155(f): Ord. 1406).
nary and pliflanthropic "institutions, and con-
Article 84-36.10
valescent homes;
(2) Churches, religious institutions, and Yards
parochial and private schools, including nursery
schools; 84-36.1002 Yard -- Side. There shall be an
aggregate side yard width of at least thirty-Five
(3) Community buildings, clubs, and activi-
feet. No side yards shall be less than fifteen feet
ties of a quasi-public, social,*fraternal-,. or recrea-
tional charactersuch as: olftennis and
wide. These -minima may be�reduced to three
, g ,
swimming clubs, and veterans' and fraternal feet for an accessory building or structure if it
is set back at least sixty-five feet from the front
organizations not organized for monetary pia-
'line. No barns, stables, apiaries.
fit; these uses are -allowed only where not
or for monetary profit-, aviaries; or other buildings or structures used to
(4) More than one detached dwelling unit on house livestock,grain-fed rodents, bees, birds,or
a lot orparcel of land: poultry- shall be located in this district nearer
than Fifty feet to the boundary line of any
(5) Medical and dental offices and medical rf!sidential land use district. (Ord. 1569: prior
clihics. (Ords. 86-43 § 12, 84-24 § 2W. 74-37 § 1, code § 8155(g): Ord. 1406).
1569 § 2: prior code § 8155(b): Ords. 1406 § 2,
705 § 4 [382 § 4(P)j)• 84-36.1004 Yard — Setback. There shall be
Article-84-36.6 setback (front yard) of at least twenty-five feet
Lots for any structure in the A-1 district except on
comer lots. where the principal frontage of the
84-36.602 Lot -- Area. No agricultural pur- lot shall have a setback of at least twenty-five
suit shall bepermitted nor sliall any structure feet and the other setback shall be at least
or use herein permitted be erected. placed, or twenty feet. (Ord. 1.569: prior code § 3155th):
established on a lot smaller than *twenty, thou- Ord. 1406).
sand square feet in area. (Ord. 1569: prior
code § 8155(c): Ord. 1406). 84-36.1006 Yard Rear. Rear yard provi-
sions for the A-I district shall be the same
84-36.604 Lot — Width. No a 'cultural as those for the R-6 district (Section 84-4.1006).
. gr
P shall be permitted nor shall any strut- (Ord. 1569: prior code § 8155(i): Ord. 1406).
Lure or use herein permitted be erected, placed, Article 84-36.1 12
or established on a lot less than one hundred Land Use and Variance Permits
feet in average width. (Ord. 1569. prior
code § 8155(d): Ord. 1406).
-8-4-3-6.-1-202- -Iand' -use -and-variance--permiti_
84-36.606 Lot Depth. No agricultural Gninting. Land use permits for the special uses
pursuit shall be permitted nor shall any strut- enumerated in Section 84-36.404 and variance
ture or use herein permitted-be erected, placed, permits to modify the provisions contained in
Sections 84-36.60". through 84-36.1006 may be
.granted in accordance with Chapter K-6. (Ord.
1569: prior code § 8155(j): Ord. 14061.
33 (Conm Costa CounEY t2-89)
Exhibit "D": CPC Public Hearing Notice
: NOTICE OF A
UB 'IC - H N
A .. . . .. . G
You are hereby notified that t on TUESDAY.JULY 23.2002
at. 7:00. p.m. in Roonm 107, McBrien Administration
Building,. -651 Pine Street, Martinez; California; the
County:Planning= Commission will consider ZON
TEXT CHANGES described as follows: -
COUNTY, INITIATED ZONING TEXT AMENDMENTS:
Repeal of the A=1 Light Agricultural District(Section 84-
36)"6f the County:Ordinance Code. No properties are -
currently zoned A-1.: Modification of Aha A-2.General
Agricultural District (Section 84-404) and A-3 Heavy
Agricultural District. (Soction 84-40.404) to-include the
allowable. uses section. .requiring a land use* permit
presently included by section reference to (Section 84-
36.404).f*rom.the existing A-1 zoning district. The.result
Of this action would be to repeal the A-1 zoning district
while maintaining the A-2 and A-3'districts sections.on
Uses*requiring a.land use permit as they currently exist
through reference to-the A-1'district.
For purposes of compliance with the provisions of the
California Environmental Quality Act (CEQA), A Class 5
Categorical Exemption (no.Environmental Impact Report
required) has been Tissued for this project.
If.you.chailen a the p *ro'ect in.court you may be limited
9.. .. p 1-. . , y . y ,
to raising,only those-issues you or.someone else-raised ;
at thepublic hearing described in this notice,-or in written
correspondence delivered to the County at, or prior to,
the public hearing.
.For further details, contact the.Contra Costa County
Community Development Department, 651 Pine Street,
Martinez, California, or Patrick Roche at-925- 335=1242.
Dennis..M.Barry,AICP- : .
L R1.
Community Development Director
is
NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY
BOARD OF SUPERVISORS ON PLANNING MATTERS
COUNTYWIDE
Notice is hereby given that on Tuesday, April 15, 2003, at 1:45 p.m., in the County
Administration Building, Board Chambers, 651 Pine Street (Corner of Pine and Escobar
Streets), Martinez, California, the Contra Costa County Board of Supervisors will
conduct a public hearing to consider the following planning matter:
This is a County initiated proposal to adopt several text amendments to the
Contra Costa County Zoning Ordinance Code relating to provisions for the
Williamson Act Program to conform the Zoning Code to State Law
(California Land Conservation Act of 1965, Title 5, Division 1, Chapter 7,
Sections 51200-51297.4); County File#ZT 02-0002.
The proposed text amendments to the Contra Costa County Zoning Ordinance Code
relating to provisions for the Williamson Act Program would apply to the unincorporated
territory of the County of Contra Costa, State of California.
For purposes of compliance with the California Environmental Quality Act (CEQA), staff
has determined that the proposed text amendments to the County Zoning Ordinance Code
relating to provisions of the Williamson Act Program to conform the Zoning Code to
State Law are Categorically Exempt(Class 5- Minor Alterations in Land Use).
If you challenge this matter in Court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in the notice, or in written
correspondence.
Prior to the hearing, Community Development Department staff will be available on
Tuesday, April 15, 2003, at 1:00 p.m. in Room 108, Administration Building, 651 Pine
Street, Martinez, CA, to meet with any interested persons in order to (1) answer
questions; (2) review the hearing procedures used by the Board; (3) clarify the issues
being considered by the Board; and, (4) provide an opportunity to identify, resolve, or
narrow any differences which remain in dispute. If you wish to attend this meeting with
staff, please call Patrick Roche, Community Development Department, at (925) 335-1242
by 3:00 p.m. on Monday, April 14, 2003 to confirm your participation.
Date: March 27, 2003
JOHN SWEETEN, Clerk of the
Board of the Board of Supervisor and
County Administrator
BY:
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates,to-wit:
April 3
all in the year of 2003
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, Califor .
On thi 3 day of April, 2003
....... ... .. ... ... :'�,�,r...........`...............
Signa �re
Contr Costa Times
P O B 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE OF
PUBLIC HEARINGS BEFORE
THE CONTRA COSTA
COUNTY BOARD OF
SUPERVISORS ON
PLANNING MATTERS
COUNTYWIDE
Notice is hereby given
that on Tuesday,April 15,
2003, at 1:45 p.m:, in the
County Administration
Building,Board Chambers,
651 Pine Street(Corner of
Pine and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will
conduct a public hearing
to consider the following
planning matter:
This is a County initiated
proposal to adopt several
text amendments to the
Contra Costa County Zon-
ing Ordinance Code relat-
ing to provisions for the
Williamson Act Program
to conform the Zoning
Code to State Law
(California Land Conser-
vation Act of 1965,Title 5,
Division 1,Chapter 7,Sec-
tions 51200-51297.4);
County File#ZT 02-0002.
The proposed text amend-
ments to the Contra Costa
County Zoning Ordinance
Code relating to provi-
sions for the Williamson
Act Program would apply
to the unincorporated ter-
ritory of the County of Con-
tra Costa,State of Califor-
nia.
For purposes of compli-
ance with the California
Environmental Qualityy Act
(CEQA), staff has deter-
mined that the proposed
text amendments to the
County Zoning Ordinance
Code relating to provi-
sions of the Williamson
Act Program to conform
the Zoning Codeto State
Law are Categorically Ex-
empt (Class 5- Minor Al-
terations in Land Use).
If you challenge this mat-
ter in Court, you may be
limited to raising only
those issues you or some-
one else raised at the pub-
lic hearing described in
the notice or in written
correspondence.
Prior to the hearing,Com-
munity Development De-
partment staff will be a-
vailable on Tuesday,April
15, 2003, at 1:00 p.m. i n
Room 108, Administration
Building, 651 Pine Street,
Martinez,CA,to meet with
any interested persons in
order to(1)answer ques-
tions;(2)review the hear-
ing procedures used by
the Board; (3)clarify the
issues being considered
by the Board; and, (4)
provide an opportunity to
identify, resolve, or nar-
row anydifferences which
i
remain n dispute. If you
wish to attend this meet-
ing with staff,please call
Patrick Roche,Communitty
Development
(92p5 ) 335-1224p2 bym3 n,
00
p.m.on Monday,April 14,
2003 to confirm your par-
ticipation.
Date:March 27,2003
JOHN SWEETEN,
Clerk of the Board of the
Board of Supervisor and
County Administrator
BY:/s/Danielle Kelly,
Deputy Clerk
Legal CCT 7243
Publish April 3,2003