Agenda

Return

D.3

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	August 7, 2018

Contra

Costa

County

Subject:

Rezoning of One Parcel in the Knightsen Area, County File #RZ17-3236

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/07/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Candace Andersen, District II Supervisor

Contact:

Joseph Lawlor, (925) 674-7802

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: August 7, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN the public hearing to consider Ordinance No. 2018-24, to rezone one property in the Knightsen area, RECEIVE testimony, and CLOSE the public hearing.

2. FIND that the mitigated negative declaration prepared for the Two-Lot Minor Subdivision and Rezoning Project adequately analyzes the Project’s environmental impacts, that there is no substantial evidence the Two-Lot Minor Subdivision and Rezoning Project will have a significant effect on the environment, and that the February 16, 2018, mitigated negative declaration reflects the County’s independent judgment and analysis.

RECOMMENDATION(S): (CONT'D)

3. ADOPT the Mitigated Negative Declaration prepared for the Project.
4. ADOPT the Mitigation Monitoring and Reporting Program prepared for the Project.
5. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk.
6. SPECIFY that the Department of Conservation and Development, located at 30 Muir Road, Martinez, California, is the custodian of the documents and other material that constitute the record of proceedings upon which the decision of the Board of Supervisors is based.
7. ADOPT Ordinance No. 2018-24, rezoning the subject property from A-3 Heavy Agricultural District (A-3) to A-2 General Agricultural District (A-2) (County File #RZ17-3236).
8. ACKNOWLEDGE that the County Planning Commission approved the vesting tentative map for the Project and no appeal of this approval was filed.
9. APPROVE the Rezoning Project.
10. APPROVE findings in support of the Project.
11. APPROVE the Project conditions of approval.

FISCAL IMPACT:

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

BACKGROUND:

Proposed Project

In March of 2017, the applicant submitted a minor subdivision application proposing to subdivide the subject 11.99 –acre site into two parcels (Parcel A: 5 acres; Parcel B: 6.72 acres). The application also included a request to rezone the property from the current A-3 Heavy Agricultural zoning district to A-2 General Agricultural zoning district. The County Planning Commission approved the vesting tentative map on May 9, 2018, and adopted a motion recommending that the Board of Supervisors approve the rezoning portion of the project, County File #RZ17-3236.

Site Description

The 11.99-acre project site is located at 190 Eagle Lane in the Knightsen area, approximately 0.6 miles southeast of Byron Highway. The site is generally level with a gradual four-foot elevation difference from west to east. A few trees are scattered throughout the site but no substantial vegetation is established at this location. The surrounding area consists of rural residential development. Parcels along Eagle Lane are predominantly developed with ranchette style single-family residences. Thirty parcels gain access from Eagle Lane. Twenty of those parcels are zoned A-2 General Agricultural District and ten are zoned A-3 Heavy Agricultural District. All but one of these parcels is developed. Parcels in the area range in size from 1.65 acres to more than 500 acres.

Staff Analysis

The project proposes to rezone the site from A-3 Heavy Agricultural District to A-2 General Agricultural District. The proposed zone change from A-3 to A-2 is consistent with lots in the surrounding area, and with the underlying AL General Plan designation. The Vesting Tentative Map identifies two new lots. Each proposed lot meets or exceeds the minimum lot area, depth, and average width requirements of the A-2 zoning district. No exceptions or variances would be necessary for the project.

No specific residential plans have been submitted as part of this application. However, COA #11, requires an administrative review of new home plans (e.g. site plan, floor plan, and elevations) prior to issuance of building permits. This review would ensure all yard, setback, and height limit requirements have been met, as well as ensure compliance with any applicable subdivision requirements.

The subdivision is consistent with the Agricultural Lands (AL) General Plan land use designation and was approved by the County Planning Commission on May 9, 2018.


Environmental Review

On February 16, 2018, an Initial Study was completed, posted, and circulated for agency and public review. Potentially significant impacts were identified in the areas of Aesthetics, Air Quality, Cultural Resources, Geology/Soils, and Tribal Cultural Resources. Mitigation measures have been identified and incorporated into the project to lessen any potential impact to less-than-significant levels. No comments on the environmental review were received within the comment period.

County Planning Commission Hearing

The project was heard by the County Planning Commission on May 9, 2018. During the public hearing, testimony was accepted from the applicant. Based on the accepted testimony and project analysis provided by County staff, the County Planning Commission conditionally approved the Vesting Tentative Map, and adopted a recommendation that the Board of Supervisors approve the proposed rezoning. No appeal of this approval was filed.

Conclusion

The project is consistent with applicable goals and policies of the General Plan, and also with the intent of the proposed A-2 district. Therefore, the County Planning Commission has recommended that the Board of Supervisors adopt the Mitigated Negative Declaration for the project and approve County File #RZ17-3236 to rezone the subject property from A-3 Heavy Agricultural District to A-2 General Agricultural District.

CONSEQUENCE OF NEGATIVE ACTION:

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 Eagle Lane two-lot subdivision project.