Loading...
HomeMy WebLinkAboutMINUTES - 11191996 - D.20 Contra TO: BOARD OF SUPERVISORS Costa FROM: HARVEY E. BRAGDON dos„q N -'� County DIRECTOR OF COMMUNITY DEVELOPMENT DATE: October 8, 1996 SUBJECT: MARSH CREEK AGRICULTURAL PRESERVATION AREA SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. ADOPT the boundaries of the Marsh Creek Agricultural Preservation Agreement. B. ADOPT the attached resolution establishing the Agricultural Preservation Agreement as County policy. C. REQUEST the Cities of Clayton, Concord, Pittsburg, Antioch and Brentwood to adopt similar resolutions joining in this preservation agreement. D. REQUEST County staff to work with the staff of these cities in explaining the concept of this approach to the policy bodies of the city. E. Provide a status report to the Board on the city actions on this matter within- three months of a Board decision on this matter. FISCAL IMPACT No direct fiscal impacts. There are minor costs associated with establishment of this public hearing and staff time for coordination .with city staff on this matter. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON EoveMDer 19 , T99M APPROVED AS RECOMMENDED OTHER x See Addendum for Board action . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES:1 ,4 , 2 NOES: 5 ACTION TAKEN AND ENTERED ON THE ABSENT: 3 ABSTAIN: none MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED November 19 , 1996 Contact: Jim Cutler (5-1235) PHIL BATCHELOR, CLERK OF cc: CAO THE BOARD OF SUPERVISORS County Counsel COU ADMINISTRATOR Cities of: Clayton, Concord, Pittsburg, Antioch, BY4W7D Al DEPUTY and Brentwood JWC:aw j:\marshcrk.bo MARSH CREEK AGRICULTURAL PRESERVATION AREA October 8, 1996 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS A. ORIGIN OF THE REQUEST On December 19, 1995, Supervisors Torlakson and DeSaulnier brought forward a request for the Board of Supervisors to request Community Development Department staff to initiate work on creating a Marsh Creek Agricultural Preservation area similar to what was adopted in the Briones Hills Agricultural Preservation Area between central and west Contra Costa County (copy attached) . In furtherance of this request, County staff has met with the staff of the cities of Clayton, Concord, Pittsburg, Antioch, and Brentwood on this issue with two purposes. One is familiarize them on this concept in case their city may choose to participate and to secondly discuss the potential boundaries of the area. This proposal is a result of these actions. B. CEQA This project has been deemed a class 5, categorical exemption on minor land use limitations and class 17 , open space contracts or easements. The project is a furtherance of already established County General Plan policy that this area be retained for parks and agricultural uses. (Alternatively we could determine that it is not a project under CEQA. ) C. BRIONES HILLS AGRICULTURAL PRESERVATION AGREEMENT The Briones Hills Agricultural Preservation Agreement is the model for this program. That agreement was adopted by the Board of Supervisors on August 4, 1987. Subsequently it was endorsed by the city councils of the adjacent cities of Martinez, Pleasant Hill, Lafayette, Orinda, Richmond, Pinole and Hercules. LAFCO has made it a factor of consideration in it's review of applications. Recently, (1995) EBMUD endorsed it as part of the EBMUD watershed Master Plan. Rather than a legally binding document, it is a political contract expressing intent to preserve an area by NOT doing something. It protects the area by not inducing growth caused by annexing the area to a city or water, sewer, or urban services district. It does not affect existing rights to apply for or use land according to the existing County General Plan polices or its implementing zoning. This formed the model for consideration of the proposed Marsh Creek Agricultural Preservation Agreement. D. PROPOSED MARSH CREEK AGRICULTURAL PRESERVATION BOUNDARIES The boundaries shown on Map 1 are what is proposed to be within the Marsh Creek Agricultural Preservation area. The areas within the boundary are all planned for Agricultural, Open Space, Park and Recreation or Public or Semi-Public uses according to the County General Plan Land Use Element. (see map 2) The boundary was derived to include lands which are basically located between Black Diamond Mines Regional Park on the north and Mt. Diablo State Park, Morgan Territory Regional Park, Round Valley Regional Recreation area and the Los Vaqueros Watershed lands complex to the south. MARSH CREEK AGRICULTURAL PRESERVATION AREA October 8, 1996 Page 3 The proposed area is approximately forty square miles. Lands adjacent to Clayton are reflective of the policies found in that city's Marsh Creek Specific Plan and exclude the controversial area of the southeast Pittsburg annexation proposal which will be resolved in other forms. To the east, Cowell Ranch is not included since it is subject to a separate County/Brentwood planning program. Lands planned for urban use in either the Brentwood or Antioch General Plans have been excluded as has the Roddy Ranch since it is currently within the boundary of the Contra Costa Water District. Pursuant to discussions with city staff, it was felt that this boundary would be consistent with their adopted plans and potential future city boundaries. A final comment is needed on the relationship of this preservation area boundary to that of the citizen adopted Urban Limit Line. This preservation area is generally consistent with the adopted Urban Limit Line, though smaller than that boundary. Since it is hoped that several cities will agree to endorse this preserve, any areas where it was felt by city staff that a city might wish to consider the area for future urbanization was deleted from the boundary as a consensus building effort. The Urban Limit Line as it relates to this area is shown on Map 3 . The one area of potential conflict is the Boex property within the agricultural preserve. That project has an application pending for a Vesting Tentative Map. Consequently, it will be analyzed for appropriateness under the general plan and zoning rules in effect at the time the application was deemed complete. E. THE MARSH CREEK AGRICULTURAL PRESERVE RESOLUTION A draft resolution is attached which the County could adopt to complete its action and then refer it out to the cities of Clayton, Concord, Pittsburg, Antioch and Brentwood for their consideration. Obviously city resolutions would be slightly different than that of the County. Concord is not immediately adjacent to the preserve boundaries, but since they are the provider of sewer service in the area, staff felt they should be offered the opportunity to support this concept. If changes are desired to the Board Order that should be done prior to circulation to the cities. The concept outlined in this resolution is very simple. The County would oppose any annexations within the preserve which would lead to urban development. The cities would agree not to attempt to annex lands into the city that is located within the preserve. This is more a political compact, than a legally binding agreement. It is an expression of policy intent. The agreement provides for review after each Federal decennial census, if a signature agency wishes to forward such a proposal. F. CLAYTON REGENCY MOBILE HOME PARK The Clayton Regency Mobile Home Park was originally approved several decades ago on a 22 acre parcel located on the north MARSH CREEK AGRICULTURAL PRESERVATION AREA October 8, 1996 Page 4 side of Marsh Creek Road. It was approved for on-site water and sewage systems. During consideration of the Marsh Creek Sanitary Landfill, the County was reminded of deficiencies that the current water and sewage systems had. It was anticipated that water system improvements would be extended to the mobile home project in conjunction with the proposed water line to serve the Marsh Canyon Sanitary Landfill. In 1992 , the applicant withdrew the project after a court decision on the adequacy of its Environmental Impact Report; consequently the anticipated improvements did not proceed. These remain public facility improvements needed for the public health and safety which should not be precluded by the preservation agreement and it should not be precluded from annexations to solve this historic problem. The draft resolution provides for this exemption. G. :PUBLIC HEARING To insure the public is informed of this proposal, a public hearing notice has been published on this matter and property owners have been noticed as if this were a permit application. This is not a legal requirement, but a courtesy to insure potentially affected property owners are aware of this proposal. H. NEXT STEPS Should the Board agree to these boundaries and the concept of the Marsh Creek Agricultural Preservation Agreement, they should adopt the boundaries and resolution and forward them to the cities for consideration. JWC:aw j:\marshcrk.bo ADDENDUM TO ITEM D. 20 NOVEMBER 19, 1996 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Community Development Director on the Marsh Creek Agricultural Preservation Agreement . Jim Cutler, Community Development Department, presented the staff report on the matter. The following persons presented testimony: Sanford M. Skaggs, Box V, Walnut Creek; Lucia Albers, 9601 Deer Valley Road, Brentwood; Martin Vitz, 2950 Peralta Oaks Court, Oakland; Seth Adams, P.O. Box 44, Martinez, representing Save Mt . Diablo; Richard Silvester, Esq. , 1738 Grant Street, Concord, representing Anna Mae Diffin Smith; John C. Danson, 16800 Marsh Creek Road, Clayton; Jack Wessman, 1000 Mariposa Circle, Clayton; John Montgomery, 422 Leon Court, Clayton; Karen Farlow, 2575 Morgan Territory Road, Clayton; W.G. Morgan, 6040 Morgan Territory Road, Clayton; Louis Ginochio, 3401 Walnut Avenue, Concord; Joe Pattison, 3400 Aspara Drive, Clayton; Walter Merlino, 16300 Marsh Creek Road, Clayton; Larry Plog, 275 Brownstone Road, Oakley, representing the Contra Costa/Alameda Cattlemens Association; Sam Stewart, 2300 Curry Canyon Road, Clayton; Jim Gwerder, P.O. Box 553 , Byron, representing the Contra Costa County Citizens Land Alliance; Frank E. Pereira, 6040 Alhambra Valley Road, Martinez, representing the Citizens Land Alliance; Gehn Farlow, 2575 Morgan Territory Road, Clayton. The Board discussed the issues including a possible continuance of the item and took the following action: IT IS BY THE BOARD ORDERED that the hearing on the recommendation of the Community Development Director on the Marsh Creek Agricultural Preservation Agreement is CLOSED; and Community Development Department staff is DIRECTED to report to the Board of Supervisors on December 3 , 1996, at 2 P.M. on issues raised today including possible workshops and a timetable and process relative to the adoption of an Agricultural Preservation Agreement for the Marsh Creek and Morgan Territory area.