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C.73
To: Board of Supervisors
From: Catherine Kutsuris, Conservation & Development Director
Date: February  8, 2011
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Byron Corners General Plan Amendment Study Authorization

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/08/2011
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Patrick Roche (925) 335-1242
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     February  8, 2011
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. AUTHORIZE a General Plan Amendment study, as requested by Byron Corners, Inc. for property they own at 15031-15034 Byron Highway in Byron, Assessor Parcel Nos. 002-140-009/010, to consider changes in General Plan land use designation from Single Family Residential – High Density (SH) to Commercial (CO).  
  

2. ACKNOWLEDGE that granting authorization for this request does not imply any support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study.  

FISCAL IMPACT:

None. If authorization is granted, the applicant will be responsible to pay fees to cover the cost for a General Plan Amendment study.



BACKGROUND:

The Department of Conservation and Development is in receipt of a request from Sukhjit Singh, Continental Development Consultants, on behalf of the owner of Assessor Parcel Nos. 002-140-009/010, Jasvir Shahi, doing business as Byron Corners, Inc., for a General Plan Amendment study involving the Byron Corners Market located at 15031-15034 Byron Highway in Byron. The General Plan Amendment study request involves Assessor Parcel Nos. 002-140-009 and 002-140-010, two parcels totaling approximately 34,000 (+/-) square feet site, which are located at the southeast corner of Byron Highway and Camino Diablo. The subject site is currently designated Single Family Residential – High Density (SH) under the Land Use Element Map to the Contra Costa County General Plan, 2005-2020, and it is located entirely within the Urban Limit Line. The zoning for the subject site is split between the R-B: Retail Business District (APN: 002-140-009) and the A-2: General Agricultural District (APN: 002-140-010). See Exhibit “A” for a copy of letter from Mr. Singh on behalf of Byron Corners, Inc., requesting the General Plan Amendment study authorization.   
  
As explained in Mr. Singh’s letter, Byron Corners, Inc. operates an existing market and gas station (Byron Corners Market) at 15031 - 15034 Byron Highway located in the southeast corner of the intersection where Byron Highway and Camino Diablo meet. Byron Corners, Inc. desires to expand the market and improve overall site access, particularly the drive way access to the gas station area, by combining the market/gas station with the adjacent vacant parcel (APN: 002-140-009), and expanding into this currently vacant parcel.  
  
The site location, comprised of Assessor Parcel Nos. 002-140-009/010, the subject of the General Plan Amendment study authorization request, are depicted in the maps and aerial photo, respectively, attached as Exhibits “B” and “C” to this report.   
Staff believes that the request for a General Plan Amendment study to consider the re-designation of the subject site to the Commercial (CO) designation is reasonable, and recommends that the General Plan Amendment study be authorized. The staff’s basis for this recommendation is that the proposed General Plan Amendment study, along with applications for a Land Use Permit/Development Plan for market/gas station and rezoning of the vacant agriculturally zoned parcel, would provide an opportunity to create an aesthetically pleasing and desirable use, improve site access and local circulation, and bring consistency between the General Plan and zoning at this location in Byron.  
  
Authorization for this study, however, does not imply support or endorsement for the application to amend the General Plan, but only provides that this matter is appropriate for study.  

CONSEQUENCE OF NEGATIVE ACTION:

Not applicable.

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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