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Project Title: |
Land Use Permit for Horse Boarding Facility |
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County File(s): |
#CDLP21-02004 |
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Applicant Owner: |
Howard Hiibel Howard Hiibel |
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Zoning/General Plan: |
General Agricultural District (A-2) / Agricultural Lands (AL) |
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Site Address/Location: |
2235 Sunset Road, Brentwood, CA 94513 APN: 015-090-039 |
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California Environmental Quality Act (CEQA) Status: |
A Negative Declaration (ND) SCH No. 2024100395 was prepared for the project indicating no significant environmental impacts. |
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Project Planner: |
Everett Louie, Planner II (925) 655-2873 and email: Everett.louie@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant is requesting approval of a Land Use Permit application to permit a horse boarding facility for up to 18 horses located at 2235 Sunset Road in the unincorporated Brentwood. The horse boarding facility will utilize an existing 37,288-square-foot covered agricultural stable and arena. There will be no development, beyond establishing fifteen (15) parking spaces. The proposed hours of operation are 8:00 AM to 10:00 PM. The business will have one employee which is the property owner. There will be no events, lessons on site. The project includes a Variance request from the Off-Street Parking requirements for: parking lot surfacing; striping, markings and signage; and landscaping.
The project also includes an exception request from the collect and convey requirements in Chapter 914-2 of the County Subdivision Ordinance.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the Land Use Permit to allow a horse boarding facility, RECEIVE testimony, and CLOSE the public hearing.
B. FIND that on the basis of the whole record before the County, including the Initial Study and the comments received, that there is no substantial evidence that the project will have a significant effect on the environment and that the October 9, 2024 Negative Declaration (ND) reflects the County’s independent judgement and analysis.
C. ADOPT the Negative Declaration (ND) State Clearing House (SCH) No. 2024100395, finding it to be adequate and complete, finding that it has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, and finding that it reflects the County’s independent judgement and analysis, and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the document and other material which constitute the record of proceedings upon which this decision is based.
D. APPROVE the exception to the requirements of County Code Division 914 (Collect and Convey Requirements) based on the attached findings and conditions of approval.
E. APPROVE the Land Use Permit (County File #CDLP21-02004), including the variances to the Off-Street Parking Ordinance requirements for: parking lot surfacing; striping, markings and signage; and landscaping, based on the attached Findings and Conditions of Approval.
F. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan - The subject property land use designation is Agricultural Lands (AL) General Plan Land Use designation.
B. Zoning District - The subject property is zoned General Agricultural District (A-2).
C. California Environmental Quality Act (CEQA) - A CEQA Initial Study was prepared for the project. It was determined that the project may result in impacts to the environment, but those impacts will be less than significant. Therefore, pursuant to California Code of Regulations Section 15070, a Negative Declaration (ND) was prepared indicating that no significant environmental impacts will be created by the proposed project. The ND and corresponding documents were posted for public review on October 9, 2024. The public comment period for accepting comments on the adequacy of the environmental documents extended to October 29, 2024, during which Staff received no comments.
D. Tribal Cultural Resources: On October 16, 2023, in accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to the Wilton Rancheria and on September 19, 2023, to the Confederated Villages of Lisjan Nation. Pursuant to Section 21080.3.1(d), there was a 30-day time period for the Wilton Rancheria and Confederated Villages of Lisjan Nation to either request or decline consultation in writing for this project. The County has not received a response from either tribe. Therefore, consultation with Native American tribes has not occurred in relation to this project.
E. Lot Creation: The subject property is parcel C of Minor Subdivision MS35-83 which was recorded on October 22, 1986.
IV. SITE/ AREA DESCRIPTION
The project site is a 9.98-acre rectangular shaped lot located approximately 900 feet south of the Sunset Road and Quail Trail intersection. Directly east of the parcel is Quail Trail which is the access point and approximately 227 feet to the east is Eden Plains Road. Quail Trail is a privately maintained road in the Brentwood area of unincorporated Contra Costa County. The site gains access via Quail Trail from Sunset Road which is a publicly maintained road. Quail Trail is an unpaved gravel road approximately 16 feet width within a 30-foot right-of-way. There is no additional road improvements or easement widths required as part of this application.
The subject property is rectangular in shape and is flat. The site is developed with an existing 4,194-square-foot residence with a detached garage, two agricultural buildings measuring 3000 square feet and 420 square feet respectively, a 37,288 square foot existing arena and stable and two horse riding areas measuring 14,000 square feet and 4,072 square feet respectively. The site currently has existing gravel driveways that lead from Quail Trail to the arena/stable area. The site has trees boarding the northern property line, the southern property line and behind the existing single-family house. There are a few trees and vegetation around the existing single-family residence.
All of the parcels surrounding the project site are zoned for agricultural uses (A-2 and A-3 Zoning) and all parcels within a half-mile of the project parcel have a General Plan Designation of Agricultural Lands. Surrounding uses include single-family homes, agricultural buildings, and agricultural uses such as crop farming, nurseries, and equestrian facilities. Within a 3,000-foot radius, there is at least four horse boarding facilities and horse-riding facilities.
V. PROJECT DESCRIPTION
The applicant is requesting approval of a Land Use Permit application to allow a horse boarding facility for up to 18 horses. No development, beyond establishing unpaved parking spaces (a total of fourteen (14) 9’x20’ parking spaces and one (1) Van accessible parking space) is proposed at this time. The project does not propose any special events, temporary events or lessons.
Horse Boarding
The proposed hours of operation for the horse boarding facility (for up to 18 horses) are Sunday through Saturday from 8:00 AM to 10:00 PM. The operation will have one (1) full-time employee which is the property owner. Horses boarded at the facility will be by appointment only. All horses boarded are to be from owners from surrounding community. The project will provide horse boarding facilities for individuals within Contra Costa County. Visitation to the horses will be by the horses’ owners by appointment only. Horses in boarding will be groomed, feed and exercised by their owners during the hours of operation.
Buildings
The horse boarding operation will take place within an existing, approximately 37,288 square feet permitted agricultural arena and stable. Inside the existing agricultural building is eighteen (18) stalls which are sized 12’x12’. Each housed horse will be placed within their own single stall during housing operations. On the exterior of the existing agricultural building will be one halogen lamp directed to illuminate the proposed parking area.
Variances and Exception Requests
The project is requesting a Variance Permit from the Off-Street Parking Ordinance requirements. The specific request are as follows:
• Gravel, dirt, woodchip surface for the parking area (where parking areas are required to have a continuous asphalt or similar paving surface)
• Relief from the requirement of striping and signage for directional markings.
• Requests relief from the requirement of proving landscaping for parking areas.
The applicant also requests authorization of an exception to the requirements of County Code Division 914 (Collect and Convey Requirements), as further detailed in the Staff Analysis Section (under Drainage) of this report below.
VI. AGENCY COMMENTS
A. Department of Conservation and Development, Building Inspection Division: In a returned agency comment packet dated February 11, 2021, Building staff provided comments stating that accessible route from parking to stable is required.
B. East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP): In an email dated February 18, 2021, the East Contra Costa County Habitat Conservancy stated that the parcel is not subject to HCP/NCCP Ordinance No. 2007-53 and that the project is located outside the HCP/NCCP Urban Development Area.
C. Public Works Department, Engineering Services Division (PWD): In a memo dated January 19, 2022, PWD staff provided their analysis of the project and recommended conditions of approval. All the PWD recommended conditions of approval have been incorporated into this project. Please see the attached memo for further detail.
D. Knightsen Town Advisory Council (KTAC): The KTAC scheduled this project to be heard during their November 19 public hearing agenda. KTAC voted to approve the project.
E. Comments were solicited but no comments were received from the following agencies: Contra Costa County Health Services Department - Environmental Health, Contra Costa County Mosquito & Vector Control District and the East Contra Costa Fire Protection District.
VII. ENVIRONMENTAL REVIEW
A CEQA Initial Study was prepared for the project. It was determined that the project may result in impacts to the environment, but those impacts will be less than significant. Therefore, pursuant to California Code of Regulations Section 15070 - Decision to Prepare a Negative Declaration, a Negative Declaration was prepared. The public review comment period for the Initial Study began on Wednesday October 9, 2024 and extended till Tuesday, October 29, 2024. Staff received no comments during the CEQA public comment period. Therefore, no further analysis is required.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property has an Agricultural Lands General Plan land use designation. The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. Uses that are allowed in the Agricultural Lands designation include all land dependent and non-land dependent agricultural production and related activities. In addition, guest or dude ranches, horse training and boarding ranches are allowed by issuance of a land use permit. Thus, the proposed horse boarding facility is requesting a land use permit to establish the business. This is consistent with the AL General Plan land use designation. The project is also subject to the Conservation Element of the General Plan and Policies listed within that element. Because the land is designated as Agricultural Lands General Plan land use designation, the land is identified as an Agricultural Resource under Conservation Element 8.7. The Conservation Element provides goals to encourage and enhance agriculture, and to maintain and promote existing agriculture. To minimize conflicts between agricultural lands and urban lands and to encourage preservation of agricultural lands. Policies include the following:
• Agricultural Resource Policies - 8-29: Large contiguous areas of the County should be encouraged to remain in agricultural production, as long as economically viable.
The project is an agricultural site that is used for horse boarding and animal housing uses. While not agricultural in nature, horse facilities is compatible with agricultural uses and allows the property to be consistent with surrounding agricultural production in the Brentwood area.
• Agricultural Resource Policies - 8-30: In order to reduce adverse impacts on agricultural and environmental values, and to reduce urban costs to taxpayers, the County shall not designate land located outside the ULL for an urban land use.
The proposed project is outside of the ULL and will not be used as an urban land use. The applicant proposes a horse boarding that will retain the properties rural feel. Moreover, no development is proposed.
• Agricultural Resource Policies - 8-39: A full range of agriculturally-related uses shall be allowed and encouraged in agricultural areas.
As stated before, while the proposed project does not directly produce agricultural crops, animal boarding facilities for farm animals is a use that is agriculturally-related and as such, shall be encouraged in this area of the County. Thus, a horse boarding facility is an ancillary agriculturally related use and should be encouraged.
• Conservation Element 8-D: To protect ecologically significant lands, wetlands, plant and wildlife habitats.
According to the Significant Ecological Areas and Selected Locations of Protected Wildlife and Plant Species Areas Map (Figure 8-1) of the County General Plan, the project site is not located in or adjacent to a significant ecological resource area, and the property contains no perennial or intermittent streams, creeks, or other riparian habitat.
B. Zoning: The project site and vicinity are located within the A-2, General Agricultural District, which allows all types of agriculture, including general farming, wholesale horticulture and floriculture, wholesale nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses. According to County Code Section 84-38.404 - Uses - Requiring land use permit (2) - Dude ranches, riding academies and stables. Dude ranches, riding academies and stables may be allowed upon issuance of a land use permit. Therefore, the proposed commercial horse boarding facility is a use that are consistent with the A-2 zoning district with the issuance of a Land Use Permit.
As stated above, because the project is not changing or developing new structures, the project is consistent with the A-2 Zoning District as listed below:
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Consistency of Project with A-2 Zoning District |
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Allowed |
Proposed |
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Minimum Lot Area: |
5 Acres |
9.98 Acres |
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Minimum Lot Width: |
250 ft |
458.34 ft |
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Maximum Building Height: |
35 ft |
Existing Ag Building is 26’ |
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Front Yard Setback: |
25 ft |
No Buildings Proposed |
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Side Yard Setback: |
20 feet |
No Buildings Proposed |
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Rear Yard Setback |
15 feet |
No Buildings Proposed |
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Required Parking: |
0.4 spc per horse 0.4 x 18 horses = 7.2 |
15 spaces* (Includes 1 van accessible) |
*Staff determined that the most similar land use to a horse boarding facility and riding academy would be a Marina (business operations are similar when you compare docking and driving boats to boarding and riding horses)
The proposed commercial horse boarding facility and riding academy are uses that are consistent and allowed in the A-2 zoning district. The project proposes to use an existing permitted agricultural building. No other development besides locating off-street parking is proposed. The existing building meets the height and setback requirements, and the project proposes adequate parking. Therefore, the proposed use will meet the intent of the A-2 zoning district.
C. Appropriateness of Use: The proposed project involves a horse boarding and riding facility/academy business on a parcel zoned General Agricultural District (A-2) and has a General Plan Land Use Designation as Agricultural Lands (AL). As stated above, the proposed use is consistent with the General Plan Uses and the Zoning Land Uses. The site has been historically used in an agricultural capacity to house horses and other ancillary uses. Moreover, this area of the County is home to many large agricultural parcels that have uses such as equestrian centers, horse boarding facilities, stables and other similar uses. The rural nature of East Contra Costa County allows for large parcels for farm animals to be raised and cared for. Due to the nature of this area of the County being dominated by uses related to animal/livestock housing including horses, a horse boarding facility is a consistent use. Therefore, the proposed use of a horse boarding and riding facility/academy is consistent with the General Plan Designation, Zoning Uses and surrounding uses in the immediate vicinity.
With regard to dust control, because the horse boarding facility is covered and is enclosed on two sides, dust will be minimal. However, staff has included a condition of approval that requires the applicant to periodically water the dirt arena areas and any location of where the horses may be to ensure efforts to control dust emanating from the project site remain diligent.
To manage the fly population, the project plans to spread the manure quickly which allows for it to dry faster which is unattractive to flies. Moreover, the project will be subject to conditions of approval that prevent standing water beyond 72 hours. By eliminating any standing water, the project will address the fly population.
D. Regulatory Committees: Delta Protection Commission and Delta Stewardship Council - The proposed project is located within the Secondary Zone of the Delta Protection Act with the Delta Protection Commission (DPC), and also within the jurisdiction of the Delta Stewardship Council’s (DSC) Delta Plan. Under the Delta Reform Act of 2009, a self-certification process was established for demonstrating consistency with the Delta Plan, referred to as a “covered action.” Department of Conservation and Development staff has determined that the proposed horse boarding and riding facility is not a “covered action” under the Delta Plan. Based on “Step 2” of the Covered Action Checklist provided by the Delta Stewardship Council, the project does not involve using Delta water, habitat restoration, create new or alter existing levees, include a residential major subdivision, and the project is consistent with the County General plan. Therefore, the project is not a “covered action” of the Delta Plan, and a Certification of Consistency is not required to be filed with the Delta Stewardship Council.
E. Off-Street Parking: Pursuant to Section 82-16.406(b) - for any use not specific in the “Required number of parking spaces” section, the number of parking spaces that must be provided is the number of spaces required to be provided for the most similar land use specific in this section, as determined by the zoning administrator. Staff determined that the most similar land use to a horse boarding facility and riding academy would be a Marina (business operations are similar when you compare docking and driving boats to boarding and riding horses), which requires 0.4 parking spaces per every berth (or in this case, horse). Based on this calculation, 7 on-site parking spaces is required because a maximum of 18 horses will be boarded at the project site. The applicant is proposing 15 on-site parking spaces in the middle of the parcel, directly west of the building where the horses will be housed. The project will comply with County Code Section 82-16 as follows:
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Consistency of Project with Off-Street Parking |
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Allowed |
Proposed |
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Access Requirements |
20’ wide for two way |
21’-2” |
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Driveway Aisles |
25’ |
More than 25’ |
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Surfacing |
Asphalt, cement |
Gravel, Sand, Dirt* |
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Striping, Markings and Signage |
Striped, signage and directional markings |
None* |
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Lighting |
Adequate Lighting |
Two halogen lamps pointed at parking area |
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Screening and Buffers |
If adjacent to R, D-1, or M- |
Not adjacent to R, D-1 or M- |
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Space Layout |
8’- 6” x 18’ |
9’x 20’ |
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Landscaping |
Landscaped area |
None* |
*Variance Request (see below section)
Variance Requests: The proposed parking configuration will not comply with all of the design and layout requirements in the Off-Street Parking Ordinance. Specifically, the applicant is requesting variances from the Off-Street Parking Ordinance requirements for: parking lot surfacing; striping, markings and signage; and landscaping.
• Pursuant to County Code Section 82-16.404(a)(5), surfacing, requires all parking areas to have a continuous asphalt or similar paving surface. The existing parking area is a mixture of packed sand/dirt. Non asphalt surface parking areas are common in the agricultural land use districts of the County and the use of packed sand and woodchips rather than impervious surfacing materials such as asphalt maintains the existing on-site drainage patters and eliminates the need for installing drainage improvements to accommodate on-site runoff. Contra Costa County Public Works reviewed the project and has determined that no road improvements are required. Moreover, surrounding horse boarding and riding facilities all maintain parking areas that are dirt, gravel or other non-asphalt surfacing. The project would utilize pumpkin patch style parking which is typically on dirt/sand surfacing and in agricultural uses. Accordingly, staff recommends approval of a variance to allow the on-site parking areas to remain as packed sand/dirt lots.
• Pursuant to County Code Section 82-16.404(a)(7), the code requires each parking space to be marked with striping and requires signage and directional markings to ensure sufficient traffic circulation and safety. However, since the on-site parking areas are surfaced with packed sand/dirt, it would be difficult to maintain permeant striping, signage, and directional markings on the parking lot surface. The applicant has demonstrated on the site plan that all parking spaces will accommodate the 8’6 x 18’ required dimensions. Given the size of the operation (horse boarding facility for up to 18 horses) and that the business will be by appointment only, the number of daily vehicle traffic in the parking area for the horse boarding facility will be reduced. The project is not anticipated to create traffic circulation safety issues due to the method of operation. Therefore, Staff recommends approval of a variance to not require each parking space to be striped and not require directional markings or signage.
• Pursuant to County Code Section 82-16.404(c), off-street parking areas are required to be landscaped. The applicant is not proposing to install additional landscaping at this time as the site. Landscape buffering is usually required in urban areas where pedestrian and car traffic is high on major roads. The site is located in a rural area on agricultural land where pedestrian and car traffic is not common. Additionally, since the parking area will not be paved, it will more closely resemble an agricultural style parking “pumpkin patch parking lot” than a commercial parking lot. Screening would not be required as the proposed parking lot would blend in with the rural character of the land. Moreover, because the business operation requires appointments for any customers, the amount of vehicles on site would be limited to a few at a time and would not detract from the existing rural character of the area. Also, any vehicles on site would most likely consist of large trucks pulling horse trailers which is agricultural in nature and would not look like how a typical shopping center parking lot is in appearance. Accordingly, staff recommends approval of a variance to not require landscaping of the parking areas.
F. Traffic and Circulation: The site gains access from Quail Trail, a privately maintained road. Quail Trail intersects Sunset Road, a publicly maintained road, to the north. Quail Trail is a gravel road approximately 16 feet wide within a 30-foot right-of-way. No additional road improvements or easements widths are required by the Contra Costa County Public Works Department at this time.
Policy 4-c of the Growth Management Element of the County’s General Plan requires a traffic impact analysis for any project that is estimated to generate 100 or more AM or PM peak-hour trips based upon the trip generation rates as presented in the Institute of Traffic Engineers (ITE). The project does not include any new development and based on project documents, the present stable capacity is for 18 horses. Based on the peak trip generation rates for horse stables of one trip per five horse stables during the AM peak-hour and 0.38 trip per five horses during the PM peak-hour in the Traffic Operations Analysis for Fox Haven Ranch (TJKM, 2021) that was conducted for a horse boarding and riding facility and winery and tasting room in the Byron area of unincorporated Contra Costa County, the project would generate a maximum rate of 3.6 AM peak-hour trips and 1.36 PM peak-hour trips. This would total approximately 5 maximum peak-hour trips (3.6 AM + 1.36 PM peak-hour trips) to and from the project site which is much less than the 100 peak-hour threshold for requiring a traffic impact analysis. Therefore, the project has a less than significant potential to conflict with a program, ordinance, or policy addressing the circulation system.
The Governor’s Office of Planning and Research and the California Natural Resources Agency has certified and adopted changes to the CEQA Guidelines that identify Vehicle Miles Traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts. However, absent of substantial evidence indicating that a project would generate a potentially significant level of VMT, projects that generate or attract fewer than 110 trips per day generally may be assumed to cause a less than significant transportation impact. In addition, residential, retail, office projects, or mixed-use projects proposed within ½ mile of an existing major transit stop, or an existing stop along a high-quality transit corridor, should be expected to cause a less than significant impact under CEQA and would not require further VMT analysis.
The ITE Trip Generation Manual, which is typically referenced to calculate the estimated daily and peak-hour trips generated for different types of land use projects, does not include trip generation calculations for a horse boarding land use. Therefore, trip generation data from similar equestrian facilities (located in four different jurisdictions) were referenced, and the most conservative trip generation rates were used to calculate the estimated daily trips generated from the subject project. For the purpose of this project, the County used Sycamore Trails Stables as the most conservative trip generation data. Sycamore Trails Stables, a horse boarding facility in San Juan Capistrano proposed 476 horse stalls. A traffic memo for the Sycamore Facility identifies its daily and peak-hour trip generation rates. The daily AM/PM peak hour trip generation for the 476-horse stall facility was calculated to be 77.35. Therefore, we can assume that because the proposed project would house up to 18 horses in 18 stalls, which is much less than the 476 horse stalls of the Sycamore Facility, the daily AM/PM peak hour trip generation would not exceed 77.35 vehicle trips generated from 476 horse stalls. Conservatively, the project would have an estimated daily trip generation of 5 maximum AM and PM new trips (the project would generate a maximum rate of 3.6 AM peak-hour trips and 1.36 PM peak-hour trips.). Thus, the project is assumed to have a less than significant impact on traffic.
To further address any transportation impacts, a condition of approval will be included that requires the applicant to ensure that customers using the horse boarding facility to make an appointment with the applicant prior to arriving onsite.
G. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse.
No existing or proposed drainage facilities are shown on the site plan. As the proposed parcel is relatively large in size and will have restricted building envelopes under the County’s “ranchette” development policy, exceptions from the “collect and convey” requirement was submitted and considered by the Contra Costa County Public Works. The applicant has provided an exception request per Chapter 92-6 from the collect and convey requirements specific in Chapter 914-2 of the County Subdivision Ordinance. The Public Works Department reviewed the project and in their staff report and recommended conditions of approval dated January 19, 2022, Public Works Staff stated that they have no objection to the granting of an exception from this requirement provided there are no existing drainage problems in the area, no concentrated runoff is being directed to adjacent parcels, and the existing drainage pattern is maintained.
H. Stormwater Management and Discharge Control Ordinance: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 10,000 square feet. This project will not create/replace more than 10,000 square feet of impervious surface area, and therefore a Stormwater Control Plan (SWCP) will not be required at this time. However, the applicant may be required to submit a SWCP for a Small Land Development Project with future building permit applications.
The County’s Stormwater Management Discharge Control Ordinance (§1014) requires that the discharge of polluted water be effectively prohibited and allows the County to require that a Stormwater Pollution Prevention Plan (SWPPP) be prepared to minimize the discharge of pollutants from any project that involves a land use that is likely to result in the discharge of pollutant(s). The proposed land use has a relatively high potential to contribute polluted water to nearby water bodies; therefore, a condition of approval will require the application to submit a SWPPP, subject to the review and approval by the Public Works Department. The SWPPP shall include BMPs related to manure management, horse washing, and other activities that have the potential to result in pollutant discharges related to the horse stable and boarding facility.
I. Floodplain Management: The property does not lie within the Special Flood Hazard Area (100-year flood boundary) as designated on the Federal Emergency Management Agency Flood Insurance Rate Map.
J. Lighting District Annexation: The subject property is not annexed into the lighting district. The applicant will be required, as a condition of approval, to annex into the Community Facilities District (CFD) 2010-1 formed for the Countywide Street Light Financing.
K. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East Contra Costa Regional Fee & Finance Authority/Regional Transportation Development Impact Mitigation (ECCRFFA/RTDIM) and East County Regional Areas of Benefit, as adopted by the Board of Supervisors. If applicable, these fees shall be paid prior to initiation of use.
L. Drainage Area Fee and Creek Mitigation: The property is located within unformed Drainage Area 74A. There is currently no fee ordinance adopted by Board of Supervisors for this area.
VII. CONCLUSION
The proposed project as conditioned, will be compatible with the surrounding agricultural area, is consistent with the Agricultural Lands (AL) General Plan Land Use designation, and will comply with the intent and purpose of the A-2, General Agricultural District and Off-Street Parking Ordinance, upon approval of the requested variances. Therefore, staff recommends that the Zoning Administrator grants the exception to the requirements of County Code Division 914 (Collect and Convey Requirements), and approve Land Use Permit #CDLP21-02004, including the variances to certain Off-Street Parking Ordinance requirements listed in this Staff Report, based on the attached findings and subject to the attached conditions of approval.
Attachments:
A. Findings and Conditions of Approval
B. Maps: Parcel Map, General Plan, Zoning, Aerial View
C. Initial Study - Negative Declaration
D. Agency Comments
E. Project Plans