The applicant has paid the necessary application deposits and is obligated to pay supplemental fees to cover all additional costs associated with the application process.

Summary  
  
This hearing is to consider the 2350 Norris Canyon Road Minor Subdivision Project, including the rezoning of a 30.96-acre portion of the subject property from the Agricultural Preserve District (A-4) to the Exclusive Agricultural District (A-20). The subject property is 69.34 acres located at 2350 Norris Canyon Road in the San Ramon area. A vesting tentative map to subdivide the subject property into two new parcels, Parcel A (38.38-acres) and Parcel B (30.96-acres), was approved by the Planning Commission on February 12, 2020 (MS18-0008). The new parcels are separated by Norris Canyon Road. The subdivision was approved contingent upon approval of the rezoning of Parcel B to a A-20 zone from its current A-4 zoning. The Exclusive Agricultural (A-20) zone has a minimum lot size of 20 acres. Parcel B cannot be further subdivided without being rezoned to a zoning district with a higher density.  
  
General Information   
  
General Plan: The subject parcel (Parcel B) has a General Plan designation of Single-Family Residential Low Density (SL).  
  
Zoning: The subject parcel (Parcel B) is located within the Agricultural Preserve District (A-4) and will be rezoned to the Exclusive Agricultural District (A-20).  
Site/Area Description: The subject parcel (Parcel B) is part of an approximately 69.34-acre property located at the northeast corner of Norris Canyon Road and Ashbourne Drive in the unincorporated San Ramon area. A single-family residence is located on Parcel A and Parcel B is vacant. The land to the northeast, west, and south of the subject property are established open space and agricultural lands, and the area adjacent to the southeast of the subject property is the Norris Canyon Estates development. The property and its surrounding area slope moderately with many peaks throughout the rolling hills. Within the local area, Interstate 680 is located approximately 1.8 miles east of the property, the County line with Alameda County is located at the northeast corner of the property, and the City of San Ramon is approximately 0.65 miles northeast.  
  
County Planning Commission Hearing  
  
The County Planning Commission (CPC) initially heard the project on January 22, 2020. The CPC continued the hearing to allow staff to address the applicant’s concerns regarding condition of approval (COA) #9 which requires the establishment of a 2-acre building envelope on Parcel B prior to recordation of the parcel map. This COA was required as a mitigation measure as descried in the Mitigated Negative Declaration as Aesthetics-1 (AES-1).  
  
On January 29, 2020, the applicant submitted a response to the CEQA Mitigation Measures and the conditions of approval, as well as a request to allow an exception to Chapter 96-10 of the County Ordinance related to undergrounding utilities. Public Works staff responded that it had no opposition to the granting of this exception and recommended approval of the exception. After discussing the matter with the applicant, staff provided additional General Plan Policies that supported the proposed COA #9.  
  
At the February 12, 2020 CPC hearing, the applicant agreed to the proposed mitigation measures and conditions of approval without modification. The Commission then approved the minor subdivision, with a variance to the minimum lot size for Parcel A and an exception to the undergrounding of utilities requirements of Title 9, and adopted a recommendation that the Board approve the rezoning of Parcel B from A-4 to A-20.  
  
Staff Analysis  
  
Environmental Review:  
  
In accordance with the provisions of CEQA, an Initial Study was prepared for the project. The Initial Study identified potentially significant impacts in the areas of aesthetics, cultural resources, geology & soils, tribal cultural resources, and wildfire, and it proposed mitigation measures to reduce the impacts to a less-than-significant level. The public review comment period for the Initial Study extended from September 26, 2019 until October 28, 2019. Two comments were received within the comment period from Central Contra Costa Sanitary District (CCCSD) and East Bay Municipal Utility District (EBMUD), which are summarized below:  
  
1. Central Contra Costa Sanitary District (CCCSD) Comments: In a response received October 15, 2019, CCCSD staff indicated that the project site is within their service area and currently receiving services. Future sanitary service to Parcel B would need to be reviewed by CCCSD staff to ensure development meets all sanitary service development standards.  
  
Staff Response: Staff has included an advisory note to work with CCCSD staff for future water service if development is proposed for Parcel B.  
  
2. East Bay Municipal Utility District (EBMUD) Comments: In a response received October 18, 2019, EBMUD staff indicated that proposed Parcel A is outside of their service area, but Parcel B is within it. Future water service to Parcel B would need to be reviewed by EBMUD staff to ensure development meets all water service development standards. Additional notes on clarifications related to this matter were also included regarding sections of the CEQA Initial Study.  
  
Staff Response: Staff has included an advisory note to work with EBMUD staff for future water service if development is proposed for Parcel B. Upon rezoning of Parcel B to the Exclusive Agricultural District (A-20) the parcel would remain consistent with the SL designation. The purpose of the A-20 zoning district is to provide and protect areas for agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon, and the land uses allowed in A-20 are all agricultural in nature. Although no development is proposed at this time, A-20 allows the construction of one single-family residence, an accessory dwelling unit and other accessory structures by right. Conditions have been included to ensure that any future development of Parcel B is done in a manner that would not negatively impact the surrounding area. As the subject property is already surrounded by agricultural and residential properties and there is no development proposed as a part of this project, the proposed subdivision would maintain the established community setting.  
  
General Plan Consistency

General Plan Consistency: Staff has determined that the rezoning of Parcel B from Agricultural Preserve District (A-4) to the Exclusive Agricultural District (A-20) is consistent with the following General Plan Goals and Policies:  
  
1. Urban Limit Line (ULL): The subject property is located within the Urban Limit Line (ULL) and is consistent with the following policies of the Land Use Element:  
Policy 3-9: Areas not suitable for urban development because of the lack of availability of public facilities shall remain in their present use until the needed infrastructure is or can be assured of being provided.  
  
East Bay Municipal Utility District (EBMUD) has indicated that Parcel B may be served by EBMUD water service provided any future proposed development meets their water service development standards. Any future development would be required to be reviewed and approved by CCEHD or EBMUD to ensure existing and/or proposed water facilities meet applicable standards. The project site is served by the Central Contra Costa Sanitary District (CCCSD). Although no development is included, the project would have the potential to enable construct of a residence on Parcel B. Any future development would be required to be reviewed and approved by CCCSD to ensure compliance with their wastewater standards.  
  
Policy 3-28: New residential development shall be accommodated only in areas where it will avoid creating severe unmitigated adverse impacts upon the environment and upon the existing community.  
  
Policy 3-29: New housing projects shall be located on stable and secure lands or shall be designed to mitigate adverse or potentially adverse conditions. Residential densities of conventional construction shall generally decrease as the natural slope increases.   
  
The proposed project would not create unmitigated adverse impacts on the environment or the existing community. Additionally, the mitigation measures included Aesthetics-1, which requires the project sponsor to identify a building envelope on Parcel B, subject to the review and approval of CDD, that shall be limited to two acres in total area and shall be located in such a way as to minimize visual impacts as viewed from Norris Canyon Road. Additionally, Geology-1 through Geology-4 require numerous geologic and soil studies to ensure the safety of any future development prior to obtaining building permits for any structures. These mitigation measures are included in the attached conditions of approval.  
  
2. Rural Residential Development “Ranchette Policy”: As the proposed subdivision is for a property located in the AL designation, the County’s Rural Residential Development policies apply. Parcel A, the portion of the site located in the AL designation, is already developed with a single-family residence and is under a Williamson Act contract, but Parcel B is located in the SL designation. As required by its Williamson Act contract, Parcel A would continue to be utilized for cattle grazing and dry farming, and would thus remain in compliance with the intent and purpose of the AL designation and the Ranchette Policy. Additionally, Parcel A would be 38.38 acres, which exceeds the 5-acre minimum for land designated AL. As Parcel A is already developed with a single-family residence, it has an established water supply from an on-site well and receives sanitary sewer service from Central Contra Costa Sanitary District.  
  
3. Scenic Route: Figure 9-1 (Scenic Ridges & Waterways) of the General Plan Open Space Element identifies the specific resources of Contra Costa County as designated scenic ridges and waterways. The intent of these scenic resource designations is to preserve and protect areas of identified high scenic value, where practical, and in accordance with the Land Use Element. The subject property is located at the corner of Norris Canyon Road and Ashbourne Drive in the unincorporated San Ramon area. This property is located adjacent to the Norris Canyon scenic ridge, as outlined in the Contra Costa County 2005-2020 General Plan. Figure 5-4 designates Norris Canyon Road as a scenic route. As such, this property is located within the vicinity of a designated scenic ridgeway to the south and the scenic route of Norris Canyon Road, as designated in the Contra Costa County 2005-2020 General Plan.   
  
The proposed project does not include the construction of any new buildings or structures. However, the newly created potential for future development on proposed Parcel B could detract from scenic qualities of the surrounding area and pose a potentially significant impact if left unmitigated. As such, staff maintains that the applicant should be required to implement mitigation measures Aesthetics-1 and Aesthetics-2 to reduce the potential for negative impacts on a scenic route and scenic ridgeline, and these mitigation measures are included in the attached conditions of approval.   
  
The creation of a new lot to be zoned A-20 would allow, by right, the development of a single-family residence, accessory dwelling unit and accessory buildings and structures auxiliary to it. Without this mitigation measure, these allowed structures could potentially be placed anywhere throughout the parcel, which would significantly impact the scenic qualities of the Norris Canyon designated scenic route and scenic ridgeline. The scenic quality behind this designation in the General Plan is derived from the natural resources of the surrounding hills and ridges. Allowing unmitigated development of Parcel B would be an unmitigated significant impact on the environment, and an environmental impact report would be required. Section IV.A.1. of the 2/12/2020 CPC staff report also includes a list of additional supporting General Plan Policies related to this project and scenic resource preservation.  
  
Zoning Compliance:  
  
The applicant is requesting approval of a rezoning of Parcel B from Agricultural Preserve District (A-4) to Exclusive Agricultural District (A-20). The A-20 zoning district requires a minimum lot size of 20 acres, a minimum average width of 250 feet, and a minimum depth of 300 feet. Parcel B meets these requirements, as it is proposed to be 30.96 acres in total area, have an approximately 917-foot average width, and an approximately 1,471-foot depth. Although no development is proposed at this time, upon subdividing and rezoning Parcel B to A-20, only one single-family residence and associated structures allowed by the A-20 zoning district could be developed on the new parcel.  
  
The project will also be in compliance with Division 814 - Slope and Hillside Development. Section 814-2.204 states that the Board of Supervisors have found and declared the following:

In the event that the proposed project is not approved, the applicant will not obtain approval of the required Rezoning entitlement needed to allow the proposed two-lot subdivision project in the unincorporated San Ramon area.