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Project Title: |
Compliance Review for Land Use Permit #CDLP18-02013 for Diablo MX Ranch (Year 3) |
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County File(s): |
CDCV25-00054 |
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Applicants: Owners: |
John & Lori Ramirez John & Lori Ramirez |
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Zoning: |
Heavy Agricultural District (A-3) |
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General Plan: |
Agricultural Lands (AL) |
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Site Address/Location |
50 Camino Diablo, Brentwood / APN: 003-020-048 |
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California Environmental Quality Act (CEQA) Status: |
Statutorily Exempt, CEQA § 15268 - Ministerial Projects. CDLP18-02013 approved a Mitigated Negative Declaration. |
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Project Planner: |
Everett Louie, Planner III - phone: (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 applicants requests a second compliance review for Land Use Permit #CDLP18-02013 for the operation of an off-road motorcycle recreation park. CDLP18-02013 was approved by the County Planning Commission on March 24, 2021. Pursuant to condition of approval #3, the first three compliance reviews are to be conducted at a noticed public hearing.
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. GENERAL INFORMATION
A. General Plan - The subject property is located within a Agricultural Lands (AL) General Plan land Use designation.
B. Zoning District - The subject property is zoned Heavy Agricultural District (A-3).
C. California Environmental Quality Act (CEQA) - California Code § 15268(a) - Ministerial Projects, exempts ministerial projects from CEQA. A compliance review application is a ministerial project and is therefore, statutorily exempt from CEQA.
D. Lot Creation: The subject property was created in its current configuration by Lot Line Adjustment #CDLL03-0049.
E. Previous Applications:
1. CDLP341-73. Land Use Permit to establish a off-road motorcycle recreational facility. Approved June 13, 1974.
2. CDLP2146-74. Land Use Permit to amend CDLP341-73 to allow daily use and night events at the park. Approved June 11, 1975.
3. CDLP2108-83. Land Use Permit for the continued operation of a motorcycle recreation park. Approved March 23, 1984.
4. CDLP2026-89. Land Use Permit to renew CDLP2108-83 with modified COAs. Approved March 16, 1990.
5. CDLP95-2020. Land Use Permit for the continued operation of a motorcycle race track with modified COAs and the requirement for a compliance review and a hearing every five years. Approved November 12, 1998.
6. CDLP03-2067. Modification to allow lot line adjustment to reduce the size of the subject parcel. Approved January 16, 2004.
7. CDLL03-0049. Lot line adjustment, as approved by CDLP03-2067, to reduce the size of the subject parcel. Approved February 23, 2004.
8. CDPC12-0014. Six- month extension for the continued operation of an off-road motorcycle recreation park. Approved March 5, 2013.
9. CDLP13-2095. Five- year compliance review for the operation of an off-road motorcycle recreation park.
10. CDLP15-2040. Modification to the conditions of approval for CDLP95-2020 for the continued operation of an existing off-road motorcycle recreation park. Approved on December 13, 2016.
11. CDCV17-00068. First compliance review for Land Use Permit CDLP15-2040 for the operation of an off-road motorcycle recreation park.
12. CDLP18-02013. Modification to Land Use Permit #CDLP15-02040 to allow maximum sound level of 75 dBA Ldn for racing events, and maximum sound level of 70 dBA Ldn for practice and recreational riding activities. This application also included a request to allow overnight accommodations for race contestants and support persons during racing events, and to allow the addition of a children’s track to the park. Permit modifications approved on March 24, 2021.
13. CDCV22-00013. First compliance review for Land Use Permit CDLP18-02013 for the operation of an off-road motorcycle recreation park. Approved July 6, 2022.
IV. SITE/AREA DESCRIPTION
The subject property is an approximately 43-acre agricultural property in the unincorporated Brentwood area, located approximately 1,000 feet east of the intersection of Camino Diablo Road and Walnut Boulevard. The property fronts for approximately 1,000 feet on the south side of Camino Diablo Road and is addressed as 50 Camino Diablo Road in Brentwood. The property currently contains a single-family residence and accessory structures and multiple dirt bike tracks created pursuant to CDLP18-02013. All of the surrounding parcels share the same A-3 (Heavy Agricultural District) zoning designation. A sand quarry operated by G3 Enterprises I located directly across Camino Diablo Road from the subject parcel to the north.
V. 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. However, in order to maintain the Land Use Permit, the applicant has submitted a compliance review pursuant to the conditions of approval.
VI. DETERMINATION OF COMPLIANCE STATUS
Land Use Permit CDLP18-02013 (Attachment A) was approved by the County Planning Commission on March 24, 2021, and is the latest entitlement for an existing off-road motorcycle park that has been in operation more or less continuously since 1973. The applicants purchased the property in 2014 and operate the park as a family business. The first compliance review year 1 of CDLP18-02013 was submitted as CDCV22-00013 and was approved by the Zoning Administrator on July 6, 2022. This application is the second compliance review required at year 3 for land Use Permit CDLP18-02013. During review of this compliance review, the applicant notified CDD that the off-road motorcycle recreation park has been closed since April 2023 and has not re-opened to the public as the applicant reviews the entirety of the business. The compliance status of each condition of approval (COA) is reviewed below.
• COA 1-2. Project Approval and Application Costs. Land Use Permit CDLP18-02013 was approved on March 24, 2021. All project review fees relating to the approval of CDLP18-02013 have been paid in full. Compliance Status: Complied.
• COA 3: Compliance Review. The first compliance review for year 1 was submitted under CDCV22-00013. The second compliance review for year 3 was submitted under CDCV25-00054. The applicant shall submit another compliance review for year 5 and year 8 and then every 5 years thereafter. Compliance is ongoing. Compliance Status: Complied.
• COA 4: Electric Vehicle Demonstrations. The business is currently not operating any events or any races and is not open to the public. However, when the business re-opens and begins to conduct events or races, the applicant must comply with this condition. Therefore, no electric vehicle demonstration is required. Compliance Status: Complied.
• COA 5-6: First Formalized Competitive Racing Event. The oval track was constructed in a location consistent with the approved site plan under CDLP18-02013 and there are no racing events as the business is non-operational. Therefore, no Health Services Department notification is required. However, when the business re-opens and begins to conduct events or races, the applicant must comply with this condition. Compliance Status: Complied.
• COA 7-8: Hours of Operation and Quiet Days. The business is currently not operating any events or any races and is not open to the public. Quiet days only apply to when the operation is actively operating. However, when the business re-opens and begins to conduct events or races, the applicant must comply with these conditions. Compliance Status: Complied.
• COA 9-11: Hours of Events. The business is currently not operating any events or any races and is not open to the public. When the business re-opens, the applicant must comply with practice riding hours, special Friday or Saturday under the lights events and formalized racing events. Compliance Status: Complied.
• COA 12-13: Event Notification. The business is currently not operating any events or any races and is not open to the public. However, when the business re-opens and begins to conduct events or races, the applicant must comply with these condition. Compliance Status: Complied.
• COA 14: Noise Emissions. The permitted sound levels for formalized/sponsored racing events must not exceed 75 dBA Ldn and 70 dBA Ldn for all other riding activities. The park operators are required to submit a noise report at the time of compliance reviews that demonstrates that the park activities do not exceed the sound levels specified in COA #14. The noise studies are to be conducted on days of normal facility operation and should include a race day, unless no races are scheduled. The business is currently not operating any events or any races and is not open to the public. Therefore, no noise study was conducted as there are no noise producing events. However, when the business re-opens and begins to conduct events or races, the applicant must comply with this condition. Compliance Status: Complied with ongoing compliance to ensure that the project is operating within the approved noise levels.
• COA 15-17: Track Usage. The business is currently not operating any events or any races and is not open to the public. However, when the business re-opens and begins to conduct events or races, the applicant must comply with all track usage conditions of approval. Compliance Status: Complied with ongoing compliance to ensure that the project is operating within the approved track usage conditions.
• COA 18: Lighting for Oval Track. While exterior lighting is allowed for the oval track, no lighting has been installed to date. Additionally, the business is currently not operating any events or any races and is not open to the public. Any future lighting will be reviewed and permitted by the Community Development Division (CDD) prior to installation. Compliance Status: Complied with ongoing compliance to ensure any future lighting is reviewed.
• COA 19: Signage. No new signs are proposed at this time. Any future signs must be reviewed by the Community Development Division. Compliance Status: Complied with ongoing compliance.
• COA 20: Dust Control. The business is currently not operating any events or any races and is not open to the public. However, when the business re-opens and begins to conduct events or races, the applicant must comply with the dust control condition of approval which requires the off-street parking area to be sprayed with water. Compliance Status: Complied with ongoing compliance to ensure dust is maintained.
• COA 21: Health and Safety. The business is currently not operating any events or any races and is not open to the public. However, when the business re-opens and begins to conduct events or races, all park patrons must be required to adhere to all aspects of COA 21 at all times. During previous operational periods, waivers were signed by all riders using the park and this safety feature will be implemented when the business re-opens. Compliance Status: Complied with ongoing compliance.
• COA 22, 24, 26: Prohibited Activities. The business is currently not operating any events or any races and is not open to the public. Therefore, there are no musical concerts/dances, overnight accommodations or retail sales on site. When the business re-opens, the operators will be required to comply with these conditions. Complied with ongoing compliance.
• COA 23: Overnight Accommodations for Race Contestants. Overnight accommodations are allowed for race contestants and support personnel during properly noticed racing events. No races have been held and no camping has occurred due to the business not in operation. When the business re-opens, the applicants must adhere to the requirements of this condition for any upcoming racing events scheduled and any future events thereafter. Compliance Status: Complied with ongoing compliance.
• COA 25: Grading/Track Maintenance. Grading for routine track maintenance is allowed under the land use permit. Extensive track reconfiguration must be reviewed and approved by the CDD. The business is currently not operating any events or any races and is not open to the public and is not proposing any extensive track reconfiguration. Any extensive track reconfiguration will be required to be reviewed by the CDD. Compliance Status: Complied with ongoing compliance.
• COA 27: 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 planting will be maintained accordingly. Compliance Status: Complied with ongoing compliance.
• COA 28: Indemnification. Under CDLP18-02013 and CDCV22-00013, the applicants have previously indemnified the County. Compliance Status: Complied.
• COA 29: Construction of Kids Track. The kids track was previously constructed under CDCV22-00013. Therefore, compliance of this condition was completed. Compliance Status: Complied.
• COA 30-32: Fire District Requirements. These conditions required the park operators to submit an emergency management plan for review and approval to the fire district. The Fire District confirmed that these conditions have been satisfied under CDCV22-00013. Compliance Status: Complied.
• COA 33: Byron MAC Requirements. The initial Land Use Permit included a requested condition of approval from the Byron MAC to make a good faith effort to be a good-neighbor to any neighbors or other interested parties. CDCV22-00013 indicated that this has taken place. When the business re-opens, the applicant is required to continue complying with this condition. Compliance Status: Complied with ongoing compliance.
• COA 34-41: Public Works Department Conditions. These conditions are advisory in nature and must be complied with on an ongoing basis. Compliance Status: Complied with ongoing compliance.
VIII. CONCLUSION
Staff have reviewed the conditions of approval for Land Use Permit #CDLP18-02013 and has determined that the land use is in compliance with all conditions of the permit and will be required to maintain compliance with all conditions of approval if the business re-opens. Based on the above, Staff recommends that the Zoning Administrator approve Compliance Review CDCV25-00054.
Attachments:
A. Permit and Conditions of Approval for County File CDLP18-02013
B. Diablo MX Ranch Closure Evidence