Precedent-setting action for county open space
Oakland Police Commission to hire headhunter for open police chief position; Hayward councilmember supported city manager pay raise without getting heartburn; Swalwell and Yum Yum?
COUNTY NEWS
BOARD OF SUPERVISORS
—FAR OFF—A proposed cemetery near a ridgeline in unincorporated East County has revealed an inherent weakness in the Measure D open space ordinance and limits on the size of agricultural buildings in East County: There is no specific definition for Floor Area Ratio (FAR), a ratio of gross building square footage and the total square footage of the parcel.
—Voters approved Measure D in 2000, an effort by East County groups to place restrictions on the size of buildings in the agricultural areas of Alameda County, while blocking the threat of urban sprawl. The original FAR was 0.01. Last November, a ballot measure to expand the allowable FAR was approved by voters, increasing the FAR to 0.25.
—Under the East County Area Plan, the parcel in question is zoned for agricultural use, but a cemetery is permitted as a condition use. The county believes the proposed project, known as Monte Vista Memorial Gardens, would be the first cemetery developed in Alameda County in 110 years.
—The issue with the proposed cemetery is disagreement over a provision in the most recent Measure D that regulate the maximum size of non-agricultural structures, excluding restaurants, to 12,000 sq. ft. The aggregate size of the proposed cemetery is closer to 20,000 sq. ft.
—An Alameda County Board of Supervisors Planning Meeting earlier this month involving an appeal of the proposed cemetery revealed no specific definition of FAR exists in Measure D. County staff, instead, are relying on a brief mention of FAR contained in the zoning ordinance. The reference, however, is imperfect, and only mentions calculations for the number of parking spaces or loading spaces required.
—“This is the first time we’ve taken up this concern since the passage of the ballot measure,” Alameda County Supervisor Nate Miley said. “I think what we do today will be precedential, in terms of how floor-area ratio is interpreted going forward.”
—Miley later urged county staff to define FAR. “I believe it is against the intent and spirit of Measure D,” he said of the proposal. “I feel the Floor Area Ratio has been interpreted incorrectly.” Miley asked the proponent to downsize the project, and they later accepted. The appeal was continued to the next planning meeting in August.
—If the board denied the appeal and allowed the project to go forward, Miley said he believes the county will eventually be sued because of the lack of clarity with FAR. “I would predict that we would lose in court. That’s my honest assessment,” he added.
—PROGRAM NOTE—I’ll be chatting up the San Leandro Democratic Club tonight, 6:30 p.m. at the San Leandro Library. I’ll give you the inside scoop on San Leandro, the county, the March primary, and whatever you want to ask me.
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