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TO': BOARD OF SUPERVISORS , ,
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: SEPTEMBER 26, 2000
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 2000/451 AS FINAL APPROVAL FOR
A GENERAL PLAN AMENDMENT RELATING TO PROPOSED MODIFICATIONS TO
THE URBAN LIMIT LINE IN THE BRENTWOOD AND PITTSBURG AREAS
(G P#000001)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ADOPT Resolution No. 2000/451 to give final approval to the Board of Supervisors tentative
decision on September 12, 2000 relating to a General Plan Amendment for proposed
modifications to the Urban Limit Line in the Brentwood and Pittsburg areas (GP#000001)
and the Statement of Findings contained therein as the basis for the Board's action on the
third consolidated amendment to the mandatory elements of the Contra Costa County
General Plan, 19952010, for calendar year 2000 as permitted under law.
CONTINUED ON ATTACHMENT: X YES SIGNATURE �46w,r_-4
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD Ct)MMITT
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September, 26 . 2 0 0 0 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: __ _ _ NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: P.Roche,CDD-AP(925-335-1242) ATTESTED September 26 , 2000
cc: Community Development Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF
CAO SUPERVISORS AND C NTY ADMININISTRATOR
County Counsel � ��
BY . ,DEPUTY
September 26, 2000
Board of Supervisors
Potential Modifications to ULL in the Brentwood and Pittsburg areas,GP#000001
Page 2
RECOMMENDATIONS (continued)
2. DETERMINE that the Final Environmental Impact Report (FEIR) prepared for the General
Plan Amendment Study (GP#990001): Potential Modifications to the Urban Limit Line,
which included proposed modifications in the Brentwood and Pittsburg areas, previously
certified as adequate and complete in compliance with State and County CEQA Guidelines
by the Board of Supervisors on July 25, 2000, will serve as the environmental document for
this separate General Plan Amendment and that the FEIR's findings were considered by
the Board prior to making a decision on a General Plan Amendment for proposed
modifications to the Urban Limit Line in the Brentwood and Pittsburg areas,
3. DIRECT the Community Development Department to post the Notice of Determination with
the County Clerk.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATION
The complete background on this matter is detailed in the July 24, 2000 report to the Board of
Supervisors, entitled Consideration of Potential Modifications to the Urban Limit Line
(GP#990001). In summary, this report provides background, analysis, environmental review,
and recommendations from the County Planning Commission on proposed boundary
modifications to the County Urban Limit Line, including the Brentwood and Pittsburg areas.
On August 1, 2000, the Board of Supervisors adopted a General Plan Amendment
(GP#990001) to amend the Contra Costa County General Plan, 1995-2010, under Resolution
2000/366 modifying the Urban Limit Line in several locations throughout the County. In
adopting Resolution 2000/366, the Board of Supervisors declared its intent to consider
adoption of a separate General Plan Amendment for the Brentwood and Pittsburg areas, as
follows: 1) a modified version of the "Cowell Ranch Alternative" in the Brentwood Area pending
an agreement between the Cowell Foundation and the Trust For Public Land relating to the
sale of nearly all the property to the land trust for permanent open space purposes, except for
a portion of the property to be conveyed to Signature Properties; and, 2) a modified version of
the "Alternative" for the Pittsburg Area, excepting approximately 200 (+/-) acres of land area
west of Bailey Road between the Concord Naval Weapons Station Blast Safety Easement
Zone and the southern boundary of the City of Pittsburg. Board Resolution 2000/366
established September 12, 2000 as the date to continue the Board of Supervisors closed
hearing deliberation on these respective boundary modifications to the Urban Limit Line. The
purpose of the continued closed hearing deliberation was to provide additional time for the
Cowell Foundation and the Trust For Public Land to negotiate an agreement on sale of the
Cowell Ranch property.
�D
11Z
September 26, 2000
Board of Supervisors
Potential Modifications to ULL in the Brentwood and Pittsburg areas, GP#000001
Page 3
BACKGROUND/REASONS FOR RECOMMENDATION (continued)
On September 12, 2000, the Board of Supervisors continued the closed hearing deliberation
on the Urban Limit Line boundary modifications for the Brentwood and Pittsburg areas at which
time the Board received testimony and written documentation from the Cowell Foundation and
Trust For Public Land that an agreement for sale of the Cowell Ranch property had been
reached. At this meeting, the Board accepted public comment on the proposed boundary
modifications for the Brentwood area ("Cowell Ranch Alternative", as modified) and the
Pittsburg area ("Alternative", as modified), and received County Planning Commission
Resolution No. 132000 recommending the proposed boundary modifications as a separate
General Plan Amendment. The Board affirmed its intent to adopt a separate General Plan
Amendment for the Urban Limit Line boundary modifications in the Brentwood and Pittsburg
areas, and directed staff to prepare for the Board's consideration on September 26, 2000 a
resolution adopting these Urban Limit Line boundary modifications as the third consolidated
General Plan Amendment for the Year 2000 with the appropriate Statement of Findings.
Attached is Resolution 2000/451 that would give final approval to the Board of Supervisors
tentative decision on September 12, 2000 relating to a General Plan Amendment for proposed
modifications to the Urban Limit Line in the Brentwood and Pittsburg areas (GP#000001) and
the Statement of Findings contained therein as the basis for the Board's action on the third of
four consolidated amendments to the mandatory elements of the County General Plan in
calendar year 2000 as permitted under law. Should the Board approve this resolution, staff as
directed under this Board Order will post the Cr=QA Notice of Determination with the County
Clerk for this General Plan Amendment (GP#000001).
Attachment(1)
Board Resolution No.2000/451
DMB\PRUh:boardorders\bores2GOO451.doe
+ G
_ Exhibit 'A,'
(GP#000001)
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Map of Brentwood Area (South)
"Cowell Ranch Alternative"
Urban Limit Line Modifications
As modified under the hoard of Supervisors Action on August 1,2000
and supported by County Planning Commission (CPC Res. 13-2000)
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Exhibit "S'
(GP#000001)
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Map of Pittsburg Area "Alternative"
Urban Limit Line Modifications
As modified under the Board of Supervisors Action on August 1,2000
and supported by County Planning Commission(CPC Res. 13-2000)
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATS OF CALIFORNIA
ADOPTED this resolution on September 26, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE
RESOLUTION NO. 2000/451
SUBJECT: Potential Modifications to the Urban Limit Line )
In the Brentwood and Pittsburg Areas, )
Contra Costa County General Plan Amendment )
(GP#000001) )
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVES THAT:
WHEREAS, on August 1, 2000 the Board of Supervisors adopted a General Plan
Amendment (GP#990001) to amend the Contra Costa County General Plan, 1995-2010,
under Resolution 2000/366 which modified the Urban Limit Line in several locations
throughout the County.
WHEREAS, in adopting Resolution 2000/366, the Board of Supervisors declared its
intent to consider adoption of a separate General Plan Amendment for the Brentwood and
Pittsburg areas, as follows: 1) a modified version of the Cowell Ranch Alternative in the
Brentwood area (south) pending an agreement between the Cowell Foundation and the Trust
For Public Land relating to the sale of nearly all the Cowell Ranch property to the land trust
for permanent open space purposes, except for a portion of the property to be conveyed to
Signature Properties; and, 2) a modified version of the "Alternative" for the Pittsburg area,
excepting approximately 200 (+/-) acres of land area west of Bailey Road between the
Concord Naval Weapons Station Blast Safety Easement Zone and the southern boundary of
the City of Pittsburg.
WHEREAS, Board Resolution 2000/366 established September 12, 2000 as the date
to continue the Board of Supervisors closed hearing deliberation on the Urban Limit Line
boundary modifications for the Brentwood and Pittsburg at which time the Board would
consider a separate General Plan Amendment pending the outcome of successful
negotiations on an agreement between the Cowell Foundation and the Trust For Public Land
on the sale of the Cowell Ranch property.
WHEREAS, there is filed with this Board and its Clerk a copy of Resolution No. 13-
2000, adopted by the Contra Costa County Planning Commission on August 22, 2000, which
recommends boundary modifications to the Urban Limit Line in the form of an amendment to
the Contra Costa County General Plan, 1995-2010, specifically for the Brentwood area
(south), based on the modified version of the "Cowell Ranch Alternative", and for the
Pittsburg area, based on a modified version of the "Alternative" for the Pittsburg area.
RESOLUTION NO. 2000/451 Pagel
WHEREAS, the proposed boundary modifications to the Urban Limit Line in several
locations Countywide, including the Brentwood and Pittsburg areas, were the subject of a
General Plan Amendment Study and Environmental Impact Report ("EIR"), which when taken
together constitute the five (5) year periodic review of the Urban Limit Line as provided for
under Contra Costa County Ordinance Code Section 82-1.018 (a)(5), in Chapter 82-1 of the
Contra Costa County Ordinance Code, entitled 65/35 Land Preservation Plan (adopted by
countywide vote as Ballot Measure C on November 6, 1990).
WHEREAS, on July 25, 2000, after conducting a public hearing, the Board of
Supervisors made a finding that an amendment to the General Plan relating to proposed
Urban Limit Line boundary modifications in several locations Countywide, which included the
Brentwood (South) and Pittsburg areas, would not have a significant direct or indirect impact
on the physical environment and then certified that the Environment Impact Report, prepared
for the General Plan Amendment Study, is adequate, complete, and prepared in compliance
with the California Environmental Quality Act ("CEQA") and State and County CEQA
Guidelines; and,
WHEREAS, on September 12, 2000, as established under Board Resolution No.
2000/366, the Board of Supervisors continued the closed hearing deliberation on the Urban
Limit Line boundary modifications for the Brentwood and Pittsburg areas.
WHEREAS, the Board of Supervisors on September 12, 2000 received testimony and
written documentation from the Cowell Foundation and Trust For Public Land on an
agreement relating to the sale of the Cowell Ranch property, accepted public comment on the
proposed boundary modifications for the Brentwood and Pittsburg areas, affirmed its intent to
adopt a separate General Plan Amendment for the Urban Limit Line boundary modifications
in the Brentwood and Pittsburg areas as modified, and directed staff to prepare for the
Board's consideration a resolution to adopt a third consolidated General Plan Amendment for
the Year 2000 that would include appropriate Statement of Findings for the Brentwood and
Pittsburg areas.
WHEREAS, after full consideration of Contra Costa County Planning Commission
Resolution No. 13-2000, the analysis and recommendations included in the Staff Report to
the County Planning Commission, dated June 20, 2000, the Final EIR, the public testimony
and written comments received at or prior to the public hearing, and verification of an
agreement between the Cowell Foundation and Trust For Public Land for the sale of the
Cowell Ranch property, the Board of Supervisor determines to amend the Contra Costa
County General Plan, 1995-20110 to modify the Urban Limit Line boundary as follows:
1. Brentwood area (south): The "Cowell Ranch Alternative", as considered in the EIR
and discussed in the Staff Report to the County Planning Commission, dated June
20, 2000, and as modified to reflect an agreement between the Cowell Foundation
and Trust For Public Land on the sale of the Cowell Ranch property for open space
purposes. This boundary modification, as depicted in the map listed as Exhibit "A"
to this resolution, involves the inward movement of the Urban Limit Line from its
present location with the exception of a 448 (+/-) acre portion of the Cowell Ranch
to be retained inside Urban Limit Line.
2. Pittsburg area: The "Alternative" for the Pittsburg area, as considered in the EIR
and discussed in the Staff Report to the County Planning Commission, dated June
20, 2000, and as modified to reflect approximately 200 (+/-) acres of land area to
be retained inside the Urban Limit Line, west of Bailey Road between the Concord
Naval Weapons Station Blast Safety Easement Zone and the southern boundary of
the city limits for Pittsburg. The modified "Alternative" for the Pittsburg area is
depicted in the map listed as Exhibit "B" to this resolution.
RESOLUTION NO. 2000/451 Page 2
V
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY ADOPTS THE FOLLOWING FINDINGS:
1. The Board has determined based on the criteria and factors for establishing the
Urban Limit Line as set forth under Contra Costa County Ordinance Code Section
82-1.010, that there is new and substantial information and data, including that
related to the transportation infrastructure for Contra Costa County which is
detailed in the report entitled, "Looking to the Future: Challenges and Issues for the
2000 Update to the Countywide Comprehensive Transportation Plan", published in
February 1999 by the Contra Costa Transportation Authority, which provides
substantial evidence of significantly changed circumstances that warrant changes
to the Urban Limit Line, as provided under Contra Costa County Ordinance Code
Section 82-1.018(x)(5); and, that the General Plan Amendment Study (including
GP#990001 and GP#000001) and the Final EIR, constitute the five-year periodic
review of the Urban Limit Line, as allowed for under Contra Costa County
Ordinance Code Section 82-1.018(a)(5).
2. The Board has determined that the Final Environmental Impact Report (FEIR)
prepared for the General Plan Amendment Study (GP#990001): Potential
Modifications to the Urban Limit Line, which included proposed modifications in the
Brentwood and Pittsburg areas, previously certified as adequate and complete in
compliance with State and County CEQA Guidelines by the Board of Supervisors
on July 25, 2000, will serve as the environmental document for this separate
General Plan Amendment and that the FEIR's findings that the Urban Limit Line
boundary modifications would not have a significant direct or indirect impact on the
physical environment were considered by the Board prior to making a decision on a
General Plan Amendment for proposed modifications to the Urban Limit Line in the
Brentwood and Pittsburg areas.
3. Based on substantial evidence in the record, as documented, referenced, and/or
incorporated in the Staff Report to the County Planning Commission, dated June
20, 2000, the Final EIR, and testimony and written comments provided at or prior to
the public hearing, and subsequent written communication received, the Board
hereby finds the following relevant criteria and factors for considering whether land
area should be located outside of the Urban Limit Line under Contra Costa County
Ordinance Code Section 82-1.010, apply to the following geographic areas
considered under this General Plan Amendment:
a. Brentwood Area-South (see map for Brentwood Area-South, Exhibit "A" to
this resolution)
• Sec. 82-1.010(b) "open space, parks, and other recreation areas"
The land area, which is the subject of this Urban Limit Line boundary
modification, would not suitable for urban use because it will be held in
use for open space purposes through the sale agreement between the
Cowell Foundation and Trust For Public Land.
Evidence: Memorandum of Option Agreement between the S.H.
Cowell Foundation and the Trust For Public Land, dated
September 8, 2000 - submitted to the Board of Supervisors
on September 12, 2000
• Sec. 82-1.010(e) " other areas not 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 "
RESOLUTION NO. 2000/451 Page 3
The land area, which is the subject of this Urban Limit Line boundary
modification, Is not suitable for urban use because of inadequate water
availability, lack of appropriate infrastructure, and distance from existing
development.
Evidence: Staff Report to Contra Costa County Planning Commission,
June 20, 2000
"Looking to the Future: Challenges and Issues for the 2000
Update to the Countywide Comprehensive Transportation
Plan", Contra Costa Transportation Authority (February
1999); and Year 2000 Update: Contra Costa Countywide
Transportation Plan, Contra Costa Transportation Authority
(public review draft - May 1, 2000)
b. Pittsburg Area (see map for Pittsburg Area "Alternative", Exhibit "B" to this
resolution)
• Sec. 82-1.010(c) "lands with slopes in excess of twenty six percent rr
The land area, which is the subject of this Urban Limit Line boundary
modification, has slopes in excess of twenty six percent.
Evidence: Map of Slope Areas in Excess of 26%, Figure 10-7, page
10-42, Safety Element, Contra Costa County General Plan,
1995-2010
Scenic Resource Areas Policies/Implementation Measures,
pages 9-6 to 9-8, and Map (Figure 9-1, page 9-9) Open
Space Element, Contra Costa County General Plan, 1995-
2010
United States Geological Survey (USGS) Topographic Map
(7.5 Minute Series), Clayton and Antioch-South
Quadrangles, and Overlay Maps, Contra Costa County
Community Development Department
• Sec. 82-1.010(e) " other areas not 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 "
The area south of Pittsburg, which is the subject of this Urban Limit Line
boundary modification, is not suitable for urban use because it is not
currently served by a water supply delivery system or a wastewater
treatment and export system, it lacks other appropriate infrastructure,
and it is distant from existing development. Much of the land area has
historically been used for agricultural purposes, such as cattle grazing,
and in several locations it is still used for this purpose. Some of the land
area provides important habitat for wildlife and plant species. The
unincorporated area south of Pittsburg is remote from existing urban
development (approximately 2 miles from the nearest urbanized area),
and the current the road system serving this unincorporated area is
constructed and maintained primarily to rural roadway standards. These
roads are distant from the primary roadway network and regional
highway system serving eastern Contra Costa County. Additionally, the
Year 2000 Update: Contra Costa Countywide Transportation Plan (public
review draft - May 1, 2000, subsequently adopted July 19, 2000) projects
traffic volumes to far exceed carrying capacity for the primary roadway
and highway network serving this subregion of Contra Costa County and
RESOLUTION NO. 2000/451 Page 4
- e
significant improvements in carrying capacity to the subregion's primary
roadway and highway network are not expected prior to Year 2010.
In adddition, a significant portion of the unincorporated land area south of
Pittsburg in the vicinity of Bailey Road and the Concord Naval Weapons
Station is within the Concord Naval Weapons Station Blast Safety
Easement Zone. The blast safety zone easements restrict the use of the
land within the zone to agricultural purposes and/or mineral, gas, oil
exploration, development and production. The blast safety zone
easements also expressly prohibit the construction of structures (other
than those for agricultural or mineral exploration purposes, such as
sheds, barns, fences, gates, and derricks, etc.) and prohibits
construction of public roads and highways. The boundary modification for
the Pittsburg area as depicted in the map listed as Exhibit "B" to this
resolution would place the blast safety easement zone outside the Urban
Limit Line.
Evidence: Staff deport to County Planning Commission, June 20, 2000
Contra Costa County Important Farmlands Map (1998),
California Department of Conservation
"Looking to the Future: Challenges and Issues for the 2000
Update to the Countywide Comprehensive Transportation
Plan", Contra Costa Transportation Authority (February 1999);
and Year 2000 Update: Contra Costa Countywide
Transportation Plan, Contra Costa Transportation Authority
(public review draft - May 1, 2000)
Roadway and Transit Network Plans, Designations, and
Design Criteria (pages 5-12 to 5-28; and County Roadway
Network Plan) Transportation and Circulation Element, Contra
Costa County General Plan, 1995-2010
Naval Weapons Station, Concord, CA Explosive Safety
Easement - Sample Ageement provided by Public Works
Director, Weapons Station, Seal Beach-Concord Detachment,
on June 23, 2000, and Maps of High Explosives Magazines
Inland Area, Naval Weapons Station, Concord, Master Plan
1988, provided by Real Estate Contracting Officer,U.S.
Department of Navy, Engineeing Field Activity, West, San
Bruno CA, on July 19, 2000.
IT IS FURTHER RESOLVED, the Board determines to adopt this amendment to
said plan as the third of the four consolidated amendments to the mandatory elements of
the Contra Costa County General Plan, 1995-2010, for calendar year 2000 as permitted
under law.
I hereby certify that the foregoing is a true and
correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date
shown.
ATTESTED: September 26 , 2000
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By: Am )
0 ty
RESOLUTION NO. 2000/451 Page 5