HomeMy WebLinkAboutMINUTES - 01081991 - 1.38 1. 38
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 8, 1991 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Introduction Of Ordinance 91-1 To Codify 65/35 Land
Preservation Plan
IT IS BY THE BOARD ORDERED that Ordinance No. 91-1 to codify the
65/35 Land Preservation Plan (Ordinance No. 90-66) is INTRODUCED,
reading waived, and January 15, 1991 is FIXED for adoption of same.
1 hereby certify that this 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: ,T a n ii a r= R. 1991
PHIL BATCHELOR,Clerk of the Board
pervisors and County Administrator
0 A"
By .DeDuty
Orig. Dept. : Clerk of the Board MI
cc: County Counsel
Community Development Department
ORDINANCE NO. 91-1
(65/35 LAND PRESERVATION PLAN)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County
Ordinance Code):
SECTION I. SUMMARY. This ordinance implements the 65/35 Land Preservation Plan
approved as Measure C by the electorate on November 6, 1990 by numbering Chapter 82-1
for its inclusion in the County Ordinance Code.
SECTION II. Chapter 82-1 is added to the County Ordinance Code to read:
Chapter 82-1
65/35 LAND PRESERVATION PLAN
82-1.002 New General Plan. The County shall adopt a new general
plan by December 31, 1990 (the "New General Plan") or as soon thereafter as
possible, in compliance with all applicable laws and regulations.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.004 65/35 Land Preservation Plan. The policies contained in this
chapter 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.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.006 65/35 Land Preservation Standard. Urban development in the
County shall be limited to no more than 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.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.008 Changes to the 65/35 Land Preservation Plan. No change shall
be made in the New General Plan after its adoption 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.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.010 Urban Limit Line. To ensure the enforcement of the 65/35
standard set forth in Section 82-1.006, an Urban Limit Line shall be established, in
approximately the location depicted on the illustrative 65/35 Contra Costa County
Land Preservation Plan Map attached as Exhibit A to Ordinance No. 90-66. 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 in the County and shall prohibit the County from designating any
land located outside the Urban Limit Line for an urban land use. The criteria and
factors for determining whether land should be considered for location outside the
Urban Limit Line should include (a) 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 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.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.012 Growth Management. In accordance with the Contra Costa
Transportation Improvement and Growth Management Program adopted on August 3,
1988, the County shall manage growth by allowing new development only when
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.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.014 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 Tnese standards and policies may also include, but shall not
necessarily be limited to, preservation agreements, conservation easements, clustering,
establishment of an agricultural soils trust funds, and agricultural mitigation fees.
(Ords. 91-_l_ § 2, 90-66 § 4.)
ORDINANCE NO. 91- 1
2
82-1.016 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 protected through implementing zoning measures and other
appropriate actions.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.018 Changes to the Urban Limit Line. (1) There shall be no change to .
the Urban Limit Line that violates the 65/35 standard set forth in Section 82-1.006.
After adoption of the New General Plan, 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 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 mums
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;
(e) a five (5) year periodic review of the Urban Limit Line has
determined, based on the criteria and factors for establishing the Urban Limit
Line set forth in Section 82-1.010 above, that new information is available
(from city or County growth management studies or otherwise) or
circumstances have changed, warranting a change to the Urban Limit Line;
(f) an objective study has determined that a change to the Urban Limit
Line is necessary or desirable to further the economic viability of the East
Contra Costa County Airport, and either (i) mitigate adverse aviation-related
environmental or community impacts attributable to Buchanan Field, or (ii)
further the County's aviation related needs; or
ORDINANCE NO. 91-1
3
(g) a change is required to conform to applicable California or federal
law.
(2) Any such change shall be subject to referendum as provided by law.
Changes to the Urban Limit Line under any other circumstances shall require a vote
of the people.
(Ords. 91- 1 § 2, 90-66 § 4.)
82-1.020 Annexations and Incorporations. The Local Agency Formation
Commission ("LAFCO") shall be advised to (1) 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, (2) 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 (3) 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.
(Ords. 91- 1 § 2, 90-66 § 4.)
82-1.022 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 Section 82-1.018,-
the
2-1.018,the Board of Supervisors may make findings of necessity that the Urban Limit Line
should be changed to allow the County to meet its fair share of affordable housing
and other state housing requirements.
(Ords. 91- 1 § 2, 90-66 § 4.)
82-1.024 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.
(Ords. 91- 1 § 2, 90-66 § 4.)
82-1.026 Application to Projects Prior to Adoption of New General Plan.
From the effective date of Ordinance 90-66 to the 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
ORDINANCE NO. 91-1
4
with the policies established in this chapter.
(Ords. 91- 1 § 2, 90-66 § 4.)
82-1.028 Duration. The provisions of this chapter shall be in effect until
December 31, 2010, to the extent permitted by law.
(Ords. 91-_L § 2, 90-66 § 4.)
82-1.030 No Violation of Law by this Ordinance. (1) Nothing in this
chapter 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 or her property or
otherwise constitute an unconstitutional taking without compensation. If application
of any of the provisions of this chapter 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 chapter to the maximum extent feasible.
(2) Nothing contained in this chapter shall constitute an amendment of the
existing general plan. Upon approval of this chapter by the voters, the County shall
take all necessary and appropriate steps to reflect the policies of the 65/35 Land
Preservation Plan in the New General Plan for the County, consistent with the
requirements of CEQA and the State Planning Law. Nothing contained herein shall
prevent the County from complying with applicable requirements of state law relating
to the adoption and amendment of general plans.
(Ords. 91-1 § 2, 90-66 § 4.)
82-1.032 Definitions. (1) As used in this chapter, the phrase "land within
the County" shall mean all of the acreage within the boundaries of Contra Costa
County except the water area of the County west of Stake Point.
(2) As used in this chapter, the term "non-urban uses" shall mean rural
residential and agricultural structures allowed by applicable zoning and facilities for
public purposes, whether privately or publicly funded or operated, which are
necessary or desirable for the public health, safety or welfare or by state or federal
law.
(Ords. 91-1 § 2, 90-66 § 4.)
ORDINANCE NO. 91- 1
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SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of the
supervisors voting for and against it in the- CONTRA COSTA TIMES
anewspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Board Chair
and County Administrator
a
By [SEAL]
Deputy
SBM
(1-3-91)
ORDINANCE NO. 91-
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