HomeMy WebLinkAboutMINUTES - 03212006 - D.2 (2) . i
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TO: I BOARD OF SUPERVISORS �,, pe 2M
Contra
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FROM': DENNIS M. BARRY, AICP °. : : : r Costa
COMMUNITY DEVELOPMENT DIRECTOR County
County
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DATE' MARCH 21, 2006
SUBJECT: REQUEST FOR GENERAL PLAN AMENDMENT STUDY AUTHORIZATION FOR
ASSESSOR PARCEL NO. 002-010-053, LOCATED AT 14145 BYRON HIGHWAY IN
THE BYRON AREA (COUNTY FILE: GP#05-0005) (DISTRICT III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DECLINE authorization of the requested General Plan Amendment study for
Assessor Parcel No. 002-010-005, a 10-acre parcel located at 14145 Byron Highway
in the Byron area.
FISCAL IMPACT
None. If the Board declines to authorize the General Plan Amendment study there will
be no further costs incurred. If the study is authorized, the applicant would pay
application fees to cover the County's costs for conducting the requested/study.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
ECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COM TTEE
_;APPROVE OTHER
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SIGNATURE(S):
ACTION OF BOA D N cO06 APPROVED AS RECOMMENDED OT#ER_
��l eu-�e.� : 'j'YI� c.11 ��� GJi 61 t'� (a ra�e.l—}•� ow r►.�T.
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VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
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:Contact: P. Roche,CDD-AP(925)335-1242 ATTESTED
cc: CDD JOHN CUL N, CLERK OF THE BOARD OF
CAO SUPERVIS SAND COUNTY ADMINISTRATOR
County Counsel
Chair, Byron MAC
Mr. Michael Weber B UTI•
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March 21,2006
Board of Supervisors
County File:GP#05-0005,GPA Study Authorization Request, 14415 Byron Hwy.
Page 2
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BACKGROUND/REASONS FOR RECOMMENDATION
The Community Development Department is in receipt of a request from Mr. Michael Weber,
the owner of Assessor Parcel No. 002-010-005, located at 14145 Byron Highway in the Byron
area for a General Plan Amendment Study to change the land use designation from
Agricultural Core (AC)to a residential use designation for a senior housing project. See Exhibit
"A" for a copy of the letter requesting General Plan Amendment study authorization.
The total land area of the subject parcel is 10 acres. The subject parcel is located in the
Agricultural Core, it is zoned in the A-40: Exclusive Agricultural District, and it is outside the
Urban Limit Line. The location of Assessor Parcel No. 002-010-005,which is the subject of the
General Plan Amendment study authorization request is depicted in the map attached as
Exhibit °B".
According to his letter, Mr. Weber believes that the subject propertywas mistakenly designated
in the Agricultural Corea He asserts that the property has only limited viability for agriculture
use. He also believes that due to its proximity to the Excelsior Middle School intensive
agricultural production would be incompatible with the school's operations.
Staff recommends that the Board of Supervisors decline authorization of the General Plan
Amendment studyforthe 10-acre parcel located at 14145 Byron Highway, as requested bythe
owner, for the following reasons:
1. The request for a General Plan Amendment study to re-designate the site from Agricultural
Core to a residential use is in conflict with County General Plan policies and provisions of
the County's 65/35 Land Preservation Plan Ordinance. This request to re-designate the
subject parcel to an urban use would require a boundary change to the Urban Limit Line to
place the parcel inside the Urban Limit Line (as shown on the map attached as Exhibit"B",
the subject parcel is located outside the ULL).
Attached for the Board's information under Exhibit"C" are excerpted pages from the Land
Use Element, page 3-8, "THE URBAN LIMIT LINE AND LAND USES"; page 3-9,
"CHANGES TO THE URBAN LIMIT LINE"; and, page 3-24. "AGRICULTURAL CORE". As
discussed under these sections to the General Plan, during the term of the General Plan a
property located outside the ULL may not obtain a General Plan Amendment that would re-
designate the property to an urban land use unless the ULL boundary is changed to place
the property inside the ULL. Furthermore, changing the ULL requires a 4/5 vote of the
Board of Supervisors after holding a public hearing and making one or more of the seven
findings, which are specified under Measure C-1990, based on substantial evidence in the
record. Staff does not believe that the request falls under any of the seven findings required
to move the subject parcel inside the ULL (see page 3-9, "CHANGES TO THE URBAN
LIMIT LINE").
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11. The subject parcel was identified as Class I Soil under the Soil Survey of Contra Costa County prepared by the Soil
Conservation Service, USDA,and it was identified as Prime Farmland under the 2004 Contra Costa County Important
Farmlands Map, prepared the CA Dept.of Conservation.
March 21,2006
Board of Supervisors
County File:GP#05-0005,GPA Study Authorization Request,14415 Byron Hwy.
Page 3
IBACKGROUND/REASONS FOR RECOMMENDATION - continued
2. The proposed development concept for a senior housing project as identified in the request
letter is not well defined. There is no discussion about the size or scope of the senior
housing development that would be located on the subject parcel.
3. The subject parcel is an inappropriate location for a proposed senior housing development
as it lacks essential urban services, such as water and sewer, which are needed to the
support operation of living quarters for seniors. Additionally, the parcel is not presently
within any water or sewer service district boundaries or within the sphere of influence of
such districts.
4. The subject parcel is also isolated and distant from existing commercial services or public
facilities that are normally required to sustain the operation of a senior housing
development.
Attachments(3)
Exhibit"A": GPA Study Request Letter from Mr. Michael Weber, 11/22/2005
Exhibit"B": Map of the Subject Site, including current General Plan/Zoning designations and ULL location
Exhibit"C": Excerpts from Land Use Element to the Contra Costa County General Plan,2005-2020
G:Wdrdnm PlaMIngl plarMGPA Requee %14145bymn"parequestbo.doc
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Exhibit "A": GPA Study Request Letter from Mr. Michael
Weber, 11/22/2005
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Michael Weber
4105 blackhawk Plaza Q5 i _+ F % (-%- 52
Danville, Ca. 94506
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Nov. 22, 2005
Dennis M. Barry
Community Development Director
651 Pine St.
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Martinez, Ca. 94553
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Dear Dennis,
I own a property at 14145 Byron Highway, Assessors Parcel #0020100053.
I'm interested in removing this property from the Agricultural Core
Designation Area. I would like to develop seniors housing at this location.
I do not believe this property ever qualified for Agricultural core
designation. Such classification must have been a mistake. Agricultural core
properties are to be 40 acre minimum, my property is 10 acres only. My
property is adjacent to Excelsior Middle School. Farm chemicals, dust, etc.,
are an incompatible neighbor.
I There are extensive studies currently underway by Cal Trans for a possible
widening of the Highway, etc. It seems timely to me that the County should
look again at the AG Core simultaneous to these traffic issues. Changing
my property to a more compatible use with the school would correct past
mistakes.
Enclosed is a check for the $750.00 fee required.
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Since ely,
Micha Weber
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Exhibit "B": Map of the Subject Site, including current
General Plan/Zoning designations and ULL
location
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Exhibit "C": Excerpts from Land Use Element to the
Contra Costa County General Plan, 2005-
2020
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3. Land Use Element
market constraints and other factors will limit the amount of commercial and
industrial development that is planned in the fast-growing East Contra Costa area.
Thus, some of the job growth is not expected until after the 15-year planning period,
during the second or third decades of this century.
THE URBAN LIMIT LINE AND LAND USES
It is imperative that the readers of this General Plan appreciate the interrelationship
between the ULL, the 65/35 standard and the land use designations identified in
this Land Use Element. The establishment of the ULL, community support for which
was affirmed by the voters in their adoption of Measure C - 1990, is an integral
feature of this Land Use Element. In general, the purpose of the ULL is twofold: (1)
to ensure preservation of identified non-urban agricultural, open space and other
areas by establishing a line beyond which no urban land uses can be designated
during the term of the General Plan, and (2) to facilitate the enforcement of the
65/35 Land Preservation Standard.
To establish the location of the initial ULL, the County considered a number of criteria
and factors. The factors for properties to be considered for location outside the ULL
included: (1) land which qualifies for rating as Class I and Class II in the Soil
Conservation Service Land Use Capability Classification; (2) open space, parks and
other recreation areas; (3) lands with slopes in excess of 26 percent; (4) wetlands;
and (5) other areas not appropriate for urban growth because of physical unsuitability
for development, unstable geological conditions, inadequate water availability, the lack
of appropriate infrastructure, distance from existing development, likelihood of
substantial environmental damage or substantial injury to fish or wildlife or their
habitat, and other similar factors. No one criterion was necessarily determinative of
whether a property was located inside or outside the ULL. Where properties had
characteristics that would locate them either inside or outside the ULL, the County,
based upon the best information available at the time, weighed the competing
characteristics and determined the most appropriate location for the property.
During the term of the General Plan, properties that are located outside the ULL
may not obtain General Plan Amendments that would re-designate them for an
urban land use. In addition, those properties outside the Urban Limit Line may be
subject to various agricultural and open space preservation measures identified in
the other portions of the General Plan. These measures could include the following:
(1) permitting owners of large acre parcels to subdivide and sell off two one-acre
parcels from their property that could be developed with one residential unit on
each parcel; (2) encouraging the dedication of open space and conversation
easements; (3) implementing a transfer of development rights (TDR) program;
(4) requiring payment of an agricultural mitigation fee for conversion of agricultural
land; (5) promoting non-urban "preservation" agreements between the County and
cities to prevent annexation by cities of certain appropriate properties;
(6) promoting special legislation for preferential tax treatment for agricultural and
open space lands; and (7) establishing an "agricultural soils trust fund" to fund
j possible purchase of easements or title to agricultural or open space lands. In
general, the purpose of these measures is to preserve open space and agricultural
lands and contribute to the continued economic viability of agricultural property.
Inclusion of the measures in the General Plan does not necessarily mean that all or
any of them is endorsed by the County. Actual implementation of any of the
measures will require further study and analysis and implementation through
appropriate zoning measures.
3-8
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3. Land Use Element
Properties that are located inside the ULL would be governed by the land use designations
contained in the General Plan. These properties would continue to be subject to the goals,
policies and implementation measures of the General Plan as a whole. The fact that a
property is located inside the ULL provides no guarantee or implication that it may be
developed during the lifetime of the General Plan. Development of property within the ULL
would be restricted by the limitations imposed by the County's Growth Management
Program, as well as by other General Plan limitations. In addition, those properties within
j the ULL that do not currently have land use designations that would permit urban
development would have to apply for and obtain a General Plan Amendment re-designating
the property with a land use designation permitting development. Moreover, even if land is
developed within the Urban Limit Line, a substantial portion of this land shall be retained for
non-urban uses such as open space, parks and recreational uses. These non-urban uses
I within the ULL shall be considered "non-urban" in monitoring the 65/35 Land Preservation
Standard. This goal shall be applied within the ULL on a Countywide basis as it may be
more or less applicable to various development projects within the ULL. Therefore,the only
actual effect of locating a property within the ULL is that a General Plan Amendment may be
considered for that property within the term of the General Plan, while no such application
would be considered for property located outside the ULL.
CHANGES TO THE URBAN LIMIT LINE
There shall be no change to the ULL that would violate the 65/35 Land Preservation
! Standard. The ULL will only be able to be changed by a 4/5 vote of the Board of
Supervisors after holding a public hearing and making one or more of the following
! findings based on substantial evidence in the record:
(a) a natural or man-made disaster or public emergency has occurred which
warrants the provision of housing and/or other community needs within
land located outside the ULL;
(b) an objective study has determined that the ULL is preventing the County
from providing its fair share of affordable housing or regional housing as
required by State law, and the Board of Supervisors finds that a change
to the ULL is necessary and the only feasible means to enable the County
to meet these requirements of State law;
(c) a majority of the cities that are party to a preservation agreement and
the County have approved a change to the ULL affecting all or any
! portion of the land covered by the preservation agreement;
(d) A minor change to the ULL will more accurately reflect topographical
characteristics or legal boundaries;
(e) an objective study has determined that a change to the ULL is necessary or
desirable to further the economic viability of the east Contra Costa County
Airport, and either (I) mitigate adverse aviation related to environmental or
community impacts attributable to Buchanan Feld, or (ii) further the
County's aviation related needs;
(f) a change is required to conform to applicable California or federal law; or
j (g) a five (5) year periodic review of the ULL has determined, based on the
criteria and factors for establishing the ULL set forth above, that new
! information is available (from city or County growth management studies or
otherwise) or circumstances have changed, warranting a change to the ULL.
The ULL is shown on Figure 3-1. A larger scale map showing the ULL and any
changes to the ULL can be obtained from the County Community Development
Department. Table 3-3 shows the estimates of how the initial ULL relates to the
65/35 Land Preservation Standard in terms of acreage.
3-9
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3. Land Use Element
outlined in the "Agricultural Resources" section of the Conservation
Element (Chapter 8); and
(2) Residential and non-residential uses proposed in areas of special flood
hazards, as shown on FEMA maps, shall conform to the requirements
of the County Floodplain Management Ordinance (County Ord. #87-
45) and the further requirements outlined in the "Delta Recreation"
section (d) (5) below.
(c) Agricultural Core (AC).
This designation applies to agricultural lands that are composed primarily of
prime (Class I or II) soils in the Soil Conservation Service Land Use
Capability Classifications, which are considered the very best soils for farming
a wide variety of crops. Lands designated as Agricultural Core are located in
East County outside the ULL to the east, south, and west of the City of
Brentwood. Much of the land in this designation is under active cultivation of
intensive row crops, such as tomatoes and other vegetables. A portion of the
Agricultural Core lands are included within the 100-year flood zone, as
identified-by the U.S. Federal Emergency Management Agency (FEMA).
The purpose of the Agricultural Core designation is to preserve and protect the
farmlands of the County which are the most capable of, and generally used for, the
production of food, fiber, and plant materials. Agricultural operations in the
Agricultural Core shall, in accordance with Measure C - 1990, be protected by
requiring a higher minimum parcel size than the Agricultural Lands designation, to
attempt to maintain economically viable, commercial agricultural units. The creation
of small uneconomical units will be discouraged by land use controls and by
specifically discouraging minor subdivisions and "ranchette" housing development.
The uses that are allowed in the Agricultural Core designation are the same as those
allowed, without the issuance of a land use permit, in the Agricultural Lands
designation, specified above. Except for wineries and olive oil mills, each of which
typically includes tasting rooms and a limited retail sales area, none of the uses
described as conditional uses in the Agricultural lands designation are considered
appropriate in the Agricultural Core designation. A land use permit for a winery in
conjunction with a planted vineyard, or olive oil mill in conjunction with a planted
orchard, may be issued for a parcel of 5 acres or greater and upon a determination
that such agricultural processing facilities and their accessory uses will not conflict
with the goal of preserving and protecting the prime farmlands in the Agricultural
Core. This Plan discourages the placement of public roadways or new utility
corridors which would adversely affect the viability of the Agricultural Core if
economically feasible alternatives exist.
Residential uses are allowed in the Agricultural Core according to the
following standards (in accordance with Measure C - 1990):
(1) the maximum permitted residential density shall be one unit per 40 acres;
(2) subdivision of land which would create a cluster of "ranchette" housing is
inconsistent with this plan; and
(3) residential and non-residential uses proposed in areas of special flood hazards, as
shown on FEMA maps,shall conform W the requirements of the County Floodplain
Management Ordinance (County Ord. #87-45) and the further requirements
outlined in the"Delta Recreation and Resources" section(d) (5)below.
3-24
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April 3, 2006
Board of Supervisors
Contra Costa County California
1 ask for your support toward creating a manufactured home community on my 10 acre
parcel in Byron Ca. This project merits your support for the following reasons.
1. This is an Opportunity for seniors or families to own a home at a fraction of the
monthly expense of a central county existing home.
2. Government continues to impose affordable housing on developers' applications. This
is an opportunity for the County to be proactive and create market rate affordability.
These homes would stay affordable long term.
3. Local seniors could retire here rather than moving to Nevada or Arizona.
4. Grandparents could remain close to their children and grand children.
5. Each time a local family moves into this new community, a unit of housing frees up in
the core of the county.
6. Sewer hookup fees for this new development would contribute hundreds of thousands
of dollars. These funds could be used to assist to solve the Byron sewer districts
difficulties.
7. There is an existing similar use property across the street and approx '/<mile south.
8. Investigation of potential agricultural uses indicate, no use that will come close to
paying the current property taxes on the property.
9. Current use as well as enhanced agricultural use is incompatible with the adjacent
school.
10. The current Zoning of the property was a past mistake. The Agricultural zoning is
intended for 80 acre and larger parcels. This is only 10 acres. Some neighbors are much
smaller.
Thank you for your attention and support.
Sincerely
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April 3, 2006
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Board of Supervisors
Contra Costa County California
I ask for your support toward creating a manufactured home community on my 10 acre
parcel in Byron Ca. This project merits your support for the following reasons.
1. This is an Opportunity for seniors or families to own a home at a fraction of the
monthly expense of a central county existing home.
2. Government continues to impose affordable housing on developers' applications. This
is an opportunity for the County to be proactive and create market rate affordability.
These homes would stay affordable long term.
3. Local seniors could retire here rather than moving to Nevada or Arizona.
4. Grandparents could remain close to their children and grand children.
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5. Each time a local family moves into this new community, a unit of housing frees up in
the core of the county.
6. Sewer hookup fees for this new development would contribute hundreds of thousands
j of dollars. These funds could be used to assist to solve the Byron sewer districts
difficulties.
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7. There is an existing similar use property across the street and approx '/4 mile south.
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8. Investigation of potential agricultural uses indicate, no use that will come close to
paying the current property taxes on the property.
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9. Current use as well as enhanced agricultural use is incompatible with the adjacent
school.
10. The current Zoning of the property was a past mistake. The Agricultural zoning is
j intended for 80 acre and larger parcels. This is only 10 acres. Some neighbors are much
smaller.
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Thank you for your attention and support.
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Sincerely
e Weber
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