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Home My WebLink AboutMINUTES - 06222004 - SD.2 TO: BOARD OF SUPERVISORS .. Centra FROM: DENNIS M. BARRY, AICD +�_°�^ s Cosh COMMUNITY DEVELOPMENT DIRECTOR County DATE: June 22, 2004 SUBJECT: AUTHORIZE A GENERAL PLAN AMENDMENT AND ZONING TEXT AMENDMENT STUDY FOR THE PROPOSED KENSINGTON COMBINING DISTRICT ORDINANCE; ADOPT URGENCY INTERIM ORDINANCE FOR THE KENSINGTON AREA WHICH WOULD PROHIBIT CERTAIN RESIDENTIAL DEVELOPMENT—ORDINANCE 2004- 28. (DISTRICT I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION. 1. AUTHORIZE the Community Development Department to undertake a General Plan Amendment Studyto add policies forthe Kensington area related to the design review of residential structures; 2. AUTHORIZE the Community Development Department to initiate a zoning text amendment(the Kensington Combining District Ordinance) which would be applicable to Kensington, and which would address the community's values of preservation of views,light and solar access, privacy, parking and compatibility with the neighborhood with regard to bulk and scale. 3. FIND that the Kensington Urgency Interim Ordinance is exempt from the California Environmental Quality Act Pursuant to Section 15061(b)(3), CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI1 1EE APPROVE OTHER SIGNATURE(S); ACTION OF BOARD ONr .�z.r APPROVED A5 RECOMMENDED -• -GTHL DR ,, VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS Is A TRUE AND -AL_UNAMMOUS(ABSENTS CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ASSENT: ABSTAIN: SUPERVISORS ON THE DATE'SHOWN Contact: Dennis Barry(925)335-1276 ATTESTED cc:CACI JOHN SWEg7N, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR 13Y r. i��e. --� ,DEPUTY Date of Board of Supervisors Nearing Board of Supervisors Wage 4. ADOPT the Kensington Interim Urgency Ordinance (No. 2004-25) which would prohibit the processing of entitlements or the issuance of permits for(1)new residences on undeveloped lots or(2)new residential structures, additions to residential structures,or new or modified residential accessory buildings on lots which conform to the lot width and parcel area requirements of the applicable zoning district. 5. Direct the Community development Department to file a Notice of determination for the adoption of the Kensington urgency Interim Ordinance. FISCAL IMPACT: The cost to complete these tasks is estimated to be $30,000. Donations from the Kensington community totaling$15,000 were matched by a$15,000 allocation from the Dougherty Valley County Regional Enhancement Contribution Fund approved by the Board on January 20, 2004. BACKGROUND The Kensington community has been working in conjunction with the Office of the District I Supervisor during the past several years to develop a zoning text proposal that would better reflect the community's values with respect to residential development. The proposed ordinance would establish a new process and criteria which would supercede the existing "small lot review" process. The proposed Kensington Combining District Ordinance,if adopted,would establish an overlay zone that,when combined with an underlying zoning district,would establish a `Woorarea ratio"and a public review process for residential construction.The proposed Combining District would apply to residential uses on all properties in Kensington, whereas the existing Code applies only to lots that are substandard with respect to required lot size or average lot width. The proposed Combining District would require the hearing body to assess size, bulk, building envelop, height, setbacks, relative scale, off street parking,window placement, artificial lighting and location of mechanical devices. These features of a proposed development would be evaluated on the basis of their impacts on the neighboring properties with regard to view protection, obstructions, privacy, parking, light and solar access and compatibility with the neighborhood in terms of bulk and scale. In order to consider adopting the proposed Combining District, a General Plan Amendment which would provide the policy basis for such a change is also required. This General Plan review will be concurrent with the processing of the proposed zoning amendment. The Kensington Urgency Interim Ordinance would prohibit the issuance of permits for those uses that may be in conflict with the zoning proposal which will be under staff review. ORDINANCE NO.2004-28 URGENCY INTERIM ORDINANCE PROHIBITING CER.TALN LAND USE DEVELOPMENT IN THE KENSINGTON AREA The Contra Costa County Board of Supervisors ordains as follows: SECTION I. FINDINGS ANIS PURPOSE. A. The lands within the unincorporated community of Kensington are located generally south and east of the City of El Cerrito,north of the City of Berkeley,and west of Wildcat Canyon and Tilden regional parks. More specifically,the Kensington area is shown on Exhibit A and defined in Exhibit B,which are attached hereto and incorporated herein by this reference. B. The lands within the Kensington area are designated in the County General Plan primarily for high density single family residential use and are zoned primarily for single family residential uses. C. The terrain of the Kensington area is hilly. Parcels and lots located in residential zoning districts in the Kensington area have distant and panoramic views of skylines,bridges,distant cities, distinctive geologic features,hillside terrain,wooded canyons,ridges,or bodies of water. D. The Kensington community values the preservation of views and solar access,privacy in living areas,adequate off-street parking,compatibility of structures within neighborhoods with regard to bulk and scale, and isolation from offensive emissions. E. The County is contemplating adopting a zoning ordinance that would establish the Kensington Combining District. The purpose of the ordinance would be to establish regulations allowing property owners to improve their property while minimizing impacts upon surrounding properties,thereby preserving the values of the Kensington community. F. The Kensington Combining District ordinance would establish an overlay zone that,when combined with an underlying zoning district,would require public hearings on development applications under specified conditions. Under the ordinance,if a hearing is required,the zoning administrator would be required to evaluate features of the proposed development on the basis of their impacts on neighboring properties. G. The County has been requested to amend the County General Plan so that the land uses authorized by the Kensington Combining District zoning ordinance would be compatible with the objectives,policies, general land uses, and programs specified in the General Plan. ORDINANCE NO. 2004-28 1 H. The County intends to initiate a study to amend the County General Plan so that the Kensington Combining District would be consistent with the General Plan. L A threat to the public health,safety, and welfare would result if any land-use entitlements or building permits for residential structures proposed for undeveloped parcels or undeveloped lots located in the Kensington area are accepted and approved before the General Plan is amended and the Kensington Combining District zoning ordinance is adopted. A threat to the public health, safety,and welfare would result if any land-use entitlements or building permits for residential structures,residential additions, or new or modified residential accessory buildings proposed for conforming lots located in residential zoning districts in the Kensington area are accepted and approved before the General Plan is amended and the Kensington Combining District zoning ordinance is adopted. These acceptances and approvals would lead to a degradation of the unique residential character of the Kensington area. SECTION II. PRO]MITIONS. While this interim ordinance is in effect,no applications for land- use entitlements or building permits shall be accepted or processed,and no land-use entitlements or building permits shall be approved or issued,for any of the following in the Kensington area: (a) Any residential structure proposed for any undeveloped parcel or undeveloped lot. (b) Any residential structure, addition to a residential structure,or new or modified residential accessory building proposed for a lot that has the minimum lot width or lot area required by Divisions 82 and 84 for the residential zoning district where the lot is situated. SECTION M. EXENII'TION. The prohibitions set forth in Section II do not apply to any discretionary land use entitlement that authorizes the construction of a residential structure,addition to a residential structure,or new or modified residential accessory building on any lot or parcel in the Kensington area,as long as the discretionary land-use entitlement has been approved as of the effective date of this ordinance. SECTION TV. REPORTS. In accordance with subdivision(d)of Government Code section 65858, ten days before the expiration of this ordinance or any extension of it,the Community Development Department shall file with the Clerk of this Board a written report describing the measures taken to alleviate the conditions that led to the adoption of this urgency interim ordinance. SECTION V. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction,such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. ORDINANCE NO. 2004-28 2 Exhibit "A" : Kensington 22004128ce - > w ,°�u t r ,�„ z t��qq#`saw's' # �;�' i�'9+;6L'$�*"V ry kt SeIZpycltt 3 tY h� Yr i Y 5 zr" r r �r .r q} rF Ski -5 s it-, ry a4 r. X i4 4t rt tsF k� C5 s ..4 t'' Vl 7s" t r;,w ''v bra W 1'l5lft rT Jn i. r + I i' F � Y 1Mok*"t-}�,.11 t[ L tYff R�Y�y".f l+ k jt' .. Ylls Oil L i�s"si t tt �dad ;h'i q .. ,i�Y.�e�,yr '' t� k b J.y O '4 � y a 4•atif rr J +k 7 v -t�£ a, r ! i A XAll, d is w� sl 7t ppz v M1` t.+ry xk"; ak}� + !' ♦. f r �{ i sai'� 5 -Yh, n lir M $ .t. {{ : f } rp}n � �� +� tti "l �. t �>•s Sy:a >�' 1 �Y! x'+, h',r r ' f: + t t Rt � r ,'jaA t + , m�sw.ahx+raaamn. '0:126 .0.5 . � �Ytl�+usbNN.Cr�NAYp�w Wwbrbb+CrNitl Ctlurr.Ca�L. ' Exhibit "B" "Kensington area" area means the unincorporated portion of Contra Costa County located within the Kensington Community Services district. The Kensington Community Services District is generally located north of the Contra Costa County line, east of Santa Fe Avenue, west of Kensington Road and south of Gelston Place. SECTION V1. DECLARATION OF URGENCY. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety,health,and welfare of the County,and it shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinance's adoption are set forth in Section I. SECTION XVII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board and shall continue in effect for a period of 45 days,through August 13,2004,pursuant to Government Code section 65858. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times,a newspaper published in this County. PASSED ON �'`e, `" �r '7G�� by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER and GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors 4Bd Chair and County Administrator By: ..-' � 'r. [SEAL] uty TLG: RA20041Comm3_nity DevelopmsntlKcnsington urgency ord-fi=Lwpd ORDINANCE NO. 2004-28 3 CONTRA COSTA COUNTY { i Z COMMUNITY DEVELOPMENT DEPART INT REPORT This is a report for the compliance of Government Code, §65858 (d), which requires a written report describing the measures taken to alleviate the condition that led to the adoption of the interim ordinance. (No. 20104-28) June 29, 2004, the Board of Supervisors authorized the Community Development Department to undertake a General Plan Amendment Study to add policies for the Kensington area related to design review of residential structures. June 29, 2004, the Board of Supervisors authorized the Community Development Department to initiate a zoning text amendment (the Kensington Combining District Ordinance), which would address the community's values of preservation of views, light and solar access,privacy, parking and compatibility with the neighborhood with regard to bulk and scale. Additional Measures taken: ■ Staff is currently reviewing the proposed Ordinance for administrative implementation; ■ Staff is preparing the Initial Study in accordance with the requirements of California Environmental Quality Act; ■ Staff is developing an amendment of the Land Use Element of the General Plan to promote a comprehensive residential design standard; ■ Staff`is developing a `staff report' to present findings and recommendations to the County Planning Commission. ■ Consideration of the proposed ordinance and General Plan Amendment is targeted to be scheduled before the County Planning Commission at public hearing late September or October. x Contact: Ryan Hernandez, Community Developm nt Department(925)-335-1206