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HomeMy WebLinkAboutMINUTES - 07311990 - IO.1 ra TO: BOARD OF SUPERVISORS Cont ;.� Costa FROM: INTERNAL OPERATIONS COMMITTEE ` =_ C� c .. DATE: JULY 31, 1990 SUBJECT: 65/35 LAND PRESERVATION PLAN' SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept public comment on the draft 65/35 Land Preservation. Plan; 2. Consider the elements of the draft ordinance, along with the public comments received; 3. Instruct staff of any modifications which the Board may desire, and direct staff to prepare a final draft ordinance for Board consideration on August 7, 1990. BACKGROUND On July 30, 1990, the Internal Operations Committee received a report from County Counsel regarding a draft 65/35 Land Preservation Ordinance, as directed by the Board of Superviisors on July 24, 1990. Following Counsel 's summary of the draft ordinance, the Committee discussed changes to the draft which would clarify and stengthen it's provisions. In addition, comments were received from members of the public in attendence, as well as from Special Counsel . CONTINUED ON ATTACHMENT: YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER SIGN /T/ SUNNE WRIGHT McPEAK OM POWERS ACTION OF BOARD ON July 31, 1990 APPROVED AS RECOMMENDED Y_& OTHER x APPROVED in concept the 65/35 Land Preservation Plan ordinance; and REQUESTED County Counsel to review modifications requested by Board members and prepare final draft for Board consideration on ' August .7, 1990. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT — ) TRUE AND CORRECT COPY OF AN AYES: I, iv, v NOES: ii, III ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. DISTRIBUTION VIA: CDD cc: Community Development ATTESTED /?.90 County Counsel PIML BNTCHELOR, CLERK OF Special Counsel THE BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR BY DEPUTY \DMB CJA4:731.bo Internal Operations Cte. Page Two While the Committee members were in general satisfied with the draft, they requested modifications reflecting the following: 1. Make reference to the official title of Measure C; 2. In computing the land area of the county, include all land and water area except the water area within the jurisdiction of the San Francisco Bay Conservation and Development Commission; 3. Add agricultural structures to the definition of "non-urban uses"; 4. Emphasize that while there is no guarantee that all land within the urban limit line will be developed, projects which are proposed within the urban limit line will be required to dedicate substantial open space in order to maintain the 65/35 ratio in the future. These comments have been addessed in the draft ordinance which is attached for review by the Board of Supervisors. Taking public tesitimony on the proposed ordinance and instructing staff as to the Board's wishes regarding the ordinance will allow staff a week to return with the draft ordinance in final form for consideration by the Board of Supervisors on August 7, • 1990. Thereafter, on or before Agust 10, 1990, the Board may order the ordinance submitted on November 6, 1990 to the voters for approval and enactment. s DRAFT SUBJECT TO REVISION THE 65/35 CONTRA COSTA COUNTY LAND PRESERVATION PLAN TEXT OF PROPOSED ORDINANCE The People of the County of Contra Costa hereby ordain as follows: Section 1 Title This ordinance shall be entitled the "65/35 Contra Costa County Land Preservation Plan. " Section 2 Summary This ordinance adopts those policies contained in the 65/35 Contra Costa County Land Preservation Plan and directs the Contra Costa County Board of Supervisors to reflect those policies in its new General Plan (the "New General Plan" ) for the County. These "65/35 Land Preservation Plan" policies are intended to: • Restrict urban development to 35% of the land in the County and preserve 65% of the land in the County for agriculture, open space, wetlands, parks and other non-urban uses until the year 2010; • Prohibit any changes to the 65/35 Land Preservation Plan standard except by a vote of the people; 1 • Create an Urban Limit Line to identify the outer boundaries of urban development in the County; • Protect and promote the economic viability of agricultural land by appropriate standards and policies , including a policy that increases the minimum parcel size for prime productive agricultural land outside the Urban Limit Line to 40 acres; • Protect open hillsides and significant ridgelines throughout the County from development by zoning and other measures; • Manage growth in the County by allowing new development only when minimum infrastructure and service standards are met; • Advise the Local Agency Formation Commission to honor the County's 65/35 Land Preservation standard, Urban Limit Line and growth management standards in annexation and incorporation decisions; • Promote cooperation between the County and cities to preserve agricultural and open space land, wetlands and parks, by requiring the County to pursue preservation agreements with cities where feasible; and • Safeguard the County's obligation to provide its fair share of safe, decent and affordable housing. Section 3 Statement of Findings and Policy The voters of Contra Costa County adopt the 65/35 Contra Costa County Land Preservation Plan (the "65/35 Land Preservation Plan" ) based on the following facts and considerations: A. Contra Costa County (the "County" ) is nearing completion of a major revision of its General Plan. The New General Plan represents a comprehensive, balanced approach 2 for accommodating the diverse variety of needs and interests of the people of the County. To maximize public participation in preparing the New General Plan, the County has held thousands of hours of public meetings and received extensive written comments on the New General Plan. All segments of Contra Costa County society have participated, including ranchers, developers, farmers, environmentalists, labor groups , cities , special districts , business and industrial associations . The New General Plan consists of over 400 pages, and represents years of research and analysis by the staff of the County Community Development Department and outside consultants to express the variety of concerns and hopes stated in this public process . In addition, in accordance with the California Environmental Quality Act ( "CEQA" ) , the County has prepared and circulated for public review a draft environmental impact report ( "EIR" ) to assess the environmental impacts of the New General Plan. The draft EIR, comments and responses to comments have been circulated to agencies and individuals and readily available at County offices, libraries and other public places . B. During the process of preparing the New General Plan, the voters expressed a number of concerns related to future planning and development of the County. The most important of those concerns were: 3 ( 1) Growing urbanization of the County is threatening the long term viability of the County's agricultural and open space land, parks, wetlands and hillsides . Preservation of agricultural land is critical to maintaining a healthy and competitive agricultural economy and assuring a balance in land uses in the County. Moreover, preservation and conservation of open space, wetlands, parks and hillsides is imperative to ensure the continued availability of unique habitats for wildlife and plants, to protect the unique scenery in the County and to provide a wide range of recreational opportunities for County residents . (2) There is a critical need to make decent, safe and affordable housing available to all Contra Costa County residents . Fair housing opportunities should prevail for all economic segments of the County, and housing should be available in reasonable proximity to employment centers . In addition, the County' s land use policies should not restrict growth so severely that they preclude these affordable housing opportunities . C. Throughout this process, the County has endeavored to identify the concerns of the voters, and to develop policies which could respond to those concerns . Now that the County is nearing completion of work on the New General Plan, it is appropriate and reasonable to present to the voters for their approval the key policies that would guide 4 the County's future under the New General Plan. With the guidance and confirmation the voters can provide through approval of the 65/35 Land Preservation Plan, the County can complete the environmental review and detailed documentation necessary for implementing these principles . D. The 65/35 Contra Costa County Land Preservation Plan set forth in Section 4 will carry out the voters ' desire to both preserve agriculture and open space land, parks, wetlands and hillsides and provide for the County's fair share of decent, safe and affordable housing. E. This 65/35 Land Preservation Plan is not intended to be a General Plan Amendment. Rather, the 65/35 Land Preservation Plan is intended to be the official policy of the County, to be reflected in the New General Plan consistent with other legal requirements . Nothing contained herein shall prevent the County from complying with applicable requirements of state law related to the adoption and amendment of general plans . Section 4 Implementation of 65/35 Land Preservation Plan To implement the 65/35 Contra Costa County Land Preservation Plan, the following Chapter 82-1 is hereby added to the Contra Costa County Ordinance Code: 5 A. New General Plan The County shall adopt a new General Plan by December 31, 1990 (the "New General Plan" ) . The New General Plan shall reflect the 65/35 Land Preservation Plan policies contained in subsection [B] below. B. 65/35 Land Preservation Plan The policies contained in this section shall govern development decisions in the County and shall be reflected in the New General Plan, as ultimately adopted by the Board of Supervisors in accordance with the California Environmental Quality Act and State Planning Law. ( 1) 65/35 Land Preservation Standard Urban development in the County shall be limited to 35% of the land in the County. At least 65% of all land in the County shall be preserved for agriculture, open space, wetlands, parks and other non-urban uses . This standard shall be in effect until the year 2010, except as otherwise required by law. (2 ) Changes to the 65/35 Land Preservation Plan No change shall be made in the New General Plan that would result in greater than 35% of the land in the County being permitted for urban development. This limitation shall not prevent any increase in agriculture, open space, parks, wetlands or other non-urban uses to greater than 65% of the land in the County. ( 3) Urban Limit Line To ensure the preservation of the 65/35 standard set forth in subsection an Urban Limit Line shall be established, in approximately the location depicted on the illustrative Land Plan Map attached as Exhibit A. The Urban Limit Line shall be incorporated into the County's Open Space Conservation Plan. The Urban Limit Line shall limit potential urban development in the County to 35% of the land area in the County and shall prohibit any land located outside the Urban Limit Line to obtain an urban land use designation. The criteria and factors for determining whether land should be considered for location outside the Urban Limit Line should include (a) all land which qualifies for rating as Class I and Class II in the Soil Conservation Service Land Use Capability Classification, (b) open space, parks and other recreation areas, (c) lands with slopes in excess of 26 percent, (d) wetlands, and (e) other areas not 6 appropriate for urban growth because of physical unsuitability for development, unstable geological conditions , inadequate water availability, the lack of appropriate infrastructure, distance from existing development, likelihood of substantial environmental damage or substantial injury to fish or wildlife or their habitat, and other similar factors . ( 4) Growth Management In accordance with the Contra Costa Transportation Improvement and Growth Management Program adopted August 3, 1988, the County shall manage growth by allowing new development only when minimum infrastructure and service standards are met for traffic levels of service, water, sanitary sewer, fire protection, public protection, parks and recreation, flood control and drainage and other such services . Land located inside the Urban Limit Line may be considered for changes in designated land uses, subject to County growth management policies and any other applicable requirements . Location of land within the Urban Limit Line shall provide no guarantee that the land may be developed. If land is developed within the Urban Limit Line, a substantial portion of this land shall be retained for open space, parks and recreational uses . (5) Agricultural Protection Policies; Minimum Parcel Sizes The County shall establish standards and policies designed to protect the economic viability of agricultural land. These standards and policies shall include a minimum parcel size for prime productive agricultural land located outside the Urban Limit Line to 40 acres . These standards and policies may also include, but shall not necessarily be limited to preservation agreements, conservation easements, clustering, establishment of an agricultural soils trust fund, and agricultural mitigation fees . (6 ) Hillside Protection Development on open hillsides and significant ridgelines throughout the County shall be restricted, and hillsides with a grade of 26% or greater shall be preserved through implementing zoning measures and other appropriate actions . (7) Changes to the Urban Limit Line There shall be no change to the Urban Limit Line that violates the 65/35 standard. As long as there is no violation of the 65/35 standard, the Urban Limit Line can be changed by a 4/5 vote of the Board of Supervisors after holding a public hearing and making one or more of -the following findings based on substantial evidence in the 7 record: (a) a natural or man-made disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the Urban Limit Line, (b) an objective study has determined that the Urban Limit Line is preventing the County from providing its fair share of affordable housing, or regional housing, as required by state law, and the Board of Supervisors finds that a change to the Urban Limit Line is necessary and the only feasible means to enable the County to meet these requirements of state law, (c) a majority of the cities that are party to a preservation agreement and the County have approved a change to the Urban Limit Line affecting all or any portion of the land covered by the preservation agreement, (d) a minor change to the Urban Limit Line will more accurately reflect topographical characteristics or legal boundaries, or (e) a change is required to conform to applicable California or federal law. Any such change shall be subject to referendum. Changes to the Urban Limit Line under any other circumstances shall require a vote of the people. ( 8) . Annexations The Local Agency Formation Commission ( "LAFCO" ) shall be advised to (a) respect and support the County's 65/35 Preservation Standard, Urban Limit Line and growth management standards when considering requests for incorporation or annexation to cities or service districts, (b) apply the stricter of the growth management standards of either the County, the incorporating city or the annexing city or service district, when considering requests for incorporation or annexations of land to cities or service districts, and (c) require unincorporated land located within the Urban Limit Line that is included in the incorporation of a new city or annexed to a city to provide a fair share of affordable housing when and if such land is developed. ( 9) Housing As required by the State Planning Act, the County shall periodically review and update the New General Plan to conform to state housing requirements and to ensure its capacity to accommodate a variety of housing types and prices throughout the County. In accordance with the provisions of subsection above, the Board of Supervisors may make findings of necessity that the Urban Limit Line be modified to allow the County to meet its fair share of affordable housing and other state housing requirements. 8 ( 10) Cooperation with Cities To the extent feasible, the County shall enter into preservation agreements with cities in the County designed to preserve certain land in the County for agriculture and open space, wetlands or parks . C. Application to Projects Prior to Adoption of New General Plan From the effective date of this ordinance to adoption of the New General Plan, prior to issuing a permit for any project or adopting any legislation which requires an initial study under the California Environmental Quality Act, and prior to issuing a permit for any demolition, conversion, or change or use, and prior to taking any action which requires a finding of consistency with the General Plan, the County shall adopt findings as to whether or not the proposed project or legislation is consistent with the policies established above. D. Duration Except as provided in subsection _, the provisions of this Section shall be in effect until December 31, 2005 . E. No Unconstitutional Taking of Private Property Nothing in this 65/35 Land Preservation Plan shall be construed or interpreted in such a manner as to operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of any of the provisions of this 65/35 Land Preservation Plan to any specific project or landowner would create an unconstitutional taking, then the Board of Supervisors may allow additional land uses, otherwise adjust permit requirements or take such other actions to the extent necessary to avoid what otherwise might be construed to be a taking. Any such additional land uses or other adjustments shall be designed to carry out the goals and provisions of this 65/35 Land Preservation Plan to the maximum extent feasible. F. Definitions ( 1) As used in this ordinance, the phrase "land within the County" shall mean all of the land area of Contra Costa County and the water area of the County east of Stake Point. 9 (2) As used in this ordinance, the term "non-urban uses" shall mean rural residential and agricultural structures allowed by applicable zoning adopted in conformance with the New General Plan and facilities for public purposes required for the public health, safety and welfare or by state or federal law. Section 5 Amendment and Repeal This ordinance may be amended or repealed only by a vote of the people, except as expressly provided herein. Section 6 Conflicts with Other Measures The following provisions shall apply in the event that the voters approve any other initiative or referendum related to the County's General Plan contemporaneously with approval of this ordinance: ( 1) In the event that the voters approve any other initiative or referendum related to the County's General Plari contemporaneously with approval of this ordinance and this ordinance receives a higher number of votes than such other initiative or referendum, the provisions of this ordinance shall supersede and are hereby deemed to be inconsistent with the provisions of such other initiative or referendum, and no provision of such other initiative or referendum shall be implemented. This provision shall apply regardless of whether all or any part of this ordinance is invalidated by a court of competent jurisdiction. 10 l (2 ) In the event that .the voters approve any other initiative or referendum related the County's General Plan contemporaneously with the approval of this ordinance, and such other initiative or referendum receives a higher number of votes than this ordinance, the provisions of this ordinance shall nevertheless be implemented to the maximum extent legally feasible. Section 7 Severability If any portion of this ordinance is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this ordinance shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this ordinance would have been adopted and passed regardless of whether any one or more sections , subsections, sentences , phrases , parts or portions was declared invalid or unconstitutional. 11 E02797 15814(2)