|
CONTINUED OPEN PUBLIC HEARING ITEM |
|
Project Title: |
Compliance Review for Land Use Permit #CDLP18-02013 for Diablo MX Ranch (Year 3) |
|
County File(s): |
# CDCV25-00054 |
|
Applicant: Owner: |
John & Lori Ramirez John & Lori Ramirez |
|
Zoning: General Plan: |
Heavy Agricultural District (A-3) Agricultural Lands (AL) |
|
Site Address/Location: |
50 Camino Diablo, Brentwood / APN: 003-020-048 |
|
California Environmental Quality Act (CEQA) Status: |
Statutorily Exempt, CEQA § 15268 - Ministerial Projects. CDLP18-02013 approved a Mitigated Negative Declaration. |
|
Project Planner: |
Everett Louie, Planner III - phone: (925) 655-2873 and email: everett.louie@dcd.cccounty.us |
|
Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
The applicant requests a second compliance review pursuant to condition of approval #3 for Land Use Permit #CDLP18-02013 for the continued operation of an off-road motorcycle recreation park approved by the County Planning Commission on March 24, 2021. The project was originally heard by the Zoning Administrator on August 17, 2026, and was continued until October 19, 2026.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
1. OPEN the public hearing for the Compliance Review (County File #CDCV25-00054), ACCEPT public testimony, and CLOSE the public hearing.
2. FIND that the off-road motocross facility to be in compliance with the Conditions of Approval for Land Use Permit #CDLP18-02013.
3. APPROVE the Compliance Review #CDCV25-00054.
III. BACKGROUND
This compliance review application was heard by the Zoning Administrator during a noticed public hearing held on August 17, 2026. During the meeting, the Zoning Administrator (ZA) opened the public hearing and received testimony from the applicant. The ZA determined that the noticing for this compliance review hearing was only sent to property owners within 300 feet of the site and not within the 1/2-mile requirement pursuant to COA #3. The ZA also determined that the applicant did not submit adequate evidence to demonstrate compliance with Conditions of approval (COA) COA #3, #18, #27 and #30. The Zoning Administrator continued the item as an open public hearing to a hearing scheduled for October 19, 2026, to allow for a re-noticing of all property owners within 1/2-miles of the site and to allow the applicant an opportunity to provide photographic evidence of compliance with COA #18, #27 and #30.
IV. PROJECT DESCRIPTION
The applicant requests approval of a compliance review for Land Use Permit CDLP18-02013 pursuant to condition of approval #3 which requires a compliance review 1, 3, 5 and 8 years after issuance of the permit, then every five (5) years thereafter. This compliance review will be the second (year 3). Pursuant to condition of approval #3, the first three compliance reviews are to be conducted at a noticed public hearing. The current operational status of the off-road motorcycle park is that it has been closed to the public since 2023 and is now currently closed to private uses as well. However, in order to maintain the Land Use Permit, the applicant has submitted a compliance review pursuant to the conditions of approval.
V. STAFF ANALYSIS
At the August 17, 2026 public hearing, the Zoning Administrator requested that the project be re-noticed in compliance with COA #3 and that applicant provide evidence of compliance with COAs #3, #18, #27 and #30.
• COA #3: Public Notice - Condition of Approval #3 requires a ½ mile notice requirement of the site. The notice for the October 19, 2026, public hearing complied with this requirement pursuant to the ½ mile noticing map prepared by the Community Development Division (CDD) (See Attachment B). Therefore, the compliance review was noticed adequately and in compliance with COA #3.
• COA #3: Noise Study - Condition of Approval #3 requires a noise study be submitted with each compliance review during operation of the track. As of this compliance review, the site is currently closed to the public. The applicant has further submitted written correspondence confirming that the site is also closed to all private and personal use (see Attachment C). Because no public, private, or personal riding activities are presently taking place at the site, there are no noise generating operations to evaluate, and therefore, a submission of a noise study is not required at this time. The project is considered consistent with this condition for the current review period due to the site being closed with no operational noise. The noise study requirement will be triggered prior to the resumption of any riding activities. Prior to resuming any track operations (public or private), the applicant shall submit a sound study to demonstrate compliance with this condition.
• COA #18: Lighting for Oval Track - No lighting has been installed at the oval track to date, as confirmed by the applicant’s letter dated September 10, 2026 (See Attachment C). The project is considered consistent with this condition for the current review period as lighting is not present on site nor is any lighting proposed. Any future lighting will need to be reviewed by CDD prior to installation to ensure consistency with this condition.
• COA # 27: - Cypress Buffer Planting - This condition required the planting of Leyland Cypress trees along the fenceline of APN 003-020-042 to serve as a physical barrier between the motocross track and the neighbor’s horse corral. The required planting has been accomplished under CDLP18-02013. The applicant provided photographic evidence that shows the Leyland Cypress trees are along the fenceline and in good health. (See Attachment C). Staff verified the photographic evidence submitted with the previous compliance review CDCV22-00013 and determined that the Leyland Cypress trees are in good condition and remain in their appropriate location. Therefore, the applicant complied with this condition.
• COA #30: Utility Vehicle - The site is required to have a utility vehicle that is able to reach all parts of the park. The applicant has submitted photographic evidence of an off-road utility vehicle that appears to be well maintained. (See Attachment C). Therefore, the applicant complied with this condition.
VI. CONCLUSION
Based on the compliance review conducted for Land Use Permit CDLP18-02013, staff has evaluated the four Conditions of Approval (COAs #3, #18, #27, and #30) as requested by the Zoning Administrator at the August 17, 2026, public hearing. Overall, the applicant has demonstrated compliance with all conditions applicable to the current review period. The compliance review was adequately noticed in accordance with the ½ mile noticing requirement under COA #3. With respect to the noise study requirement under COA #3, no study is required at this time given that the site is closed to all public and private riding activities; however, the applicant shall submit a noise study prior to resuming any track operations. No lighting has been installed at the oval track in compliance with COA #18, and any future lighting will be subject to CDD review prior to installation. The Leyland Cypress buffer planting required under COA #27 has been completed and verified to be in good health and in its appropriate location along the fenceline of APN 003-020-042. Finally, the applicant has demonstrated compliance with COA #30 by providing photographic evidence of a well-maintained off-road utility vehicle capable of accessing all parts of the site. Staff recommends that the Zoning Administrator find the compliance review application is consistent and in compliance with COAs #3, #18, #27, and #30 for the current review period. Prior to the resumption of any riding activities at the site, the applicant will be required to apply for a new compliance review.
ATTACHMENTS
Attachment A - August 17, 2026 Zoning Administrator Staff Report
Attachment B - 0.5 Mile Notice Map
Attachment C - COA #3, #18, #27 and #30 Evidence.