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HomeMy WebLinkAboutMINUTES - 06121990 - IO.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: June 12, 1990 MATTER OF RECORD ----------------------------------------------------------=------ ----------------------------------------------------------------- On June 5, 1990 the Board continued to this day its consideration of the recommendations of the Internal Operations Committee on the General Plan update, Urban Limit Lines, and related issues. The following persons spoke: Lilliam J. Pride, City of Pittsburg; Gordon Gravelle, 2717 Lone Tree Way, Antioch; Filip Johansson, 13 Zumch Court, Pleasant Hill; Jack Bloomfield, 4955 Discovery Point, Byron; Ron Gatti, 311 Barton Court, Danville; Tom Brumleve, Contra Costa Farm Bureau, 1512 N. Gate Road, Walnut Creek; Sam Stewart, Stewart Bros. Land and Cattle Co. , P. O. Box 19, Clayton; H. Boex, 15 Lily- Court, Walnut Creek; Diane Maybee, P. O. Box 1339, Bethel Island; Lucia Albers, 1400 Deer Valley Road, Brentwood; Nolan C. Sharp, Tassajara Valley Property Owners, 4510 Camino Tassajara, Danville; John B. Mass, P. O. Box 170, Knightsen; John M. Compaglia, 3370 Worth Court, Walnut Creek; Joanne M. Schifini, Secretary for Supporters of the Byron Airport Project, 1104 Curtis Street, Albany; Sylvia Scott, 3145 Byron Highway, Byron; Joanne .M. Schifini, 1104 Curtis Street, Albany; and Dorothy Silva, 173 Dogwood Place, San Ramon; Written comments were presented to the Board from Bill R. Bruner, 1453 North Gate Road, Walnut Creek. The Board then proceeded to consider each recommendation of the Internal Operations Committee. THIS IS A MATTER FOR RECORD PURPOSES ONLY. I .O. 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 12 , 1990 by the following vote (where the vote was unanimous) : AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None (See separate listing for vote on motion where it is not unanimous) ----------------------------------------------------------------- SUBJECT: Consideration of Report from the Internal Operations Committee including Recommendations on the General Plan Update, Urban Limit Lines and Related Issues. The Board of Supervisors considered the attached report from its Internal Operations Committee dated June 4 , 1990 on the referenced subject. At the conclusion of the testimony of all individuals who addressed the Board on this subject, the Board reviewed each recommendation of the Committee and approved the following actions: 1. REQUESTED the Board of Supervisors ' Water Committee to recommend to the Board of Supervisors the approval of maps identifying existing wetlands which need to be preserved. The Internal Operations Committee Committee continues to prefer that the County use a standard definition of "wetlands. " The vote approving Recommendation No. 1 as amended was unanimous. 2 . In view of the significant actions which have been taken between the time the draft General Plan was published and circulated and the time hearings were scheduled before the Planning Commission, AGREED that the course of action which should be followed in regard to the draft General Plan and its draft Environmental Impact Report should be to modify the draft General Plan to address issues in 'a manner which would differ from the approaches resulting from the General Plan Congress process, determine what affect such modifications might have on the expected impacts of the General Plan and revise and recirculate the draft Environmental Impact Report (DEIR) , hold hearings before the County Planning Commission on both the DEIR and the revised draft General Plan, and adopt the revised General Plan and appropriate findings. The vote approving Recommendation No. 2 as presented was unanimous. 3 . REQUESTED the staff of the Community Development Department to include in the draft General Plan the concept of Urban Limit Lines which would define the outside limits of ultimate development for the next fifteen years (the expected planning lifetime of the 'General Plan) . Options for Urban Limit Lines should be developed by the Community Development Department. In proposing options for the Urban Limit Lines, the Community Development Department should consider including within the Lines the existing spheres of influence of cities, the unincorporated areas now designated or anticipated for development, the current boundaries of - 1 - urban service providers, and areas not desired for open space, parks, agriculture, recreation orether non-urban uses. The Community Development Department should also strive to place . the Urban Limit Lines so that they do not split parcels. ,The vote approving Recommendation No.3 as amended was unanimous. 4 . REQUESTED . the Community Development Director to include in the concept of Urban -Limit Lines criteria for changing such Lines. The Committee suggested that Urban Limit Lines, once adopted, could not be changed except upon the adoption of findings that appropriate criteria had been met. These criteria should only provide for changes to the Urban Limit Lines under very strict circumstances, including, as examples, the following: * In case of a natural disaster. 1 * In case of a national emergency. * Based on substantial evidence that the Urban Limit Line is, in fact, making it impossible fo.r . the County to meet its appropriate share of regional housing needs for all income levels and upon the adoption by the Board of Supervisors of a finding that modifying the Urban Limit Line will make it possible for the County to meet that statutory requirement. The approval of any changes to Urban Limit Lines where a "preserve agreement" has been signed by the County and the cities in the subregion should require both the approval of a majority of the members of the County Board' of Supervisors and a majority of the members of the city councils of the majority of the cities in the affected subregion. If no such "preserve agreement" is in place, the approval of any changes to Urban Limit Lines should require a 4/5 affirmative vote by the members of the Board of Supervisors, if and under such circumstances as County Counsel determines would allow such a higher than majority vote in order to approve such a action. The motion approving Recommendation No. 4 as presented was passed by the- following vote: AYES: Supervisors Powers, McPeak, Torlakson NOES: Supervisors Schroder, Fanden ABSTAIN: None 5. DIRECTED the Community Development Director to establish Urban Limit Lines in the draft General Plan for the duration of .the planning period (through the year 2005) such that no more than approximately 350 of the land area of the County of Contra Costa is included within the Urban Limit Lines and approximately 650 of the land area shall remain in open space, agriculture, recreation, wetlands , and non-urban uses. Direct staff of the Community Development Department to assure greenbelt buffers to the extent possible between communities. 6 . DIRECTED staff of the Community Development Department to include in the draft General Plan instructions to the County' s representatives on LAFCO that they vote to oppose annexations or service extensions which would cause more than approximately 350 of the land area of the County of Contra Costa to be developed for urban purposes through the year 2005 . Request LAFCO to respect Urban Limit Lines and develop rules to enforce them. 2 i The motion approving Recommendations No. 5 and 6 as amended- was passed by the following vote: AYES: Supervisors Powers, McPeak, Torlakson, Fanden NOES: None ABSTAIN: Supervisor Schroder 7 . DIRECTED staff of the Community Development Department to develop possible mechanisms for recognition of the need for an agricultural mitigation fee or other means of insuring economic compensation for, and the economic viability of, the County's prime agricultural land and return to the Internal . Operations Committee with a report on this subject on June 25,1990. Motion approving Recommendation No. 7 as presented was unanimous. 8 . TABLED (see motion below) direction to staff of the Community Development Department to include in the draft General Plan an intent to increase the minimum parcel size allowed by the zoning of prime agricultural areas. of the County from their present 10 acre minimum to 40 acre minimums along with the concept of cluster development on not to exceed 5% of the acreage for such prime agricultural areas in not less than one acre parcels and to require that the owner of such property convey to the County the development rights on the balance of the property to prevent further development of the land for non-agricultural purposes and to insure that upon subdivision the balance of the acreage will be dedicated to agriculture on a permanent basis. Approval of such "cluster development" on a parcel should require a finding by the Board of Supervisors that the agricultural uses of the balance of the property will be enhanced !by such development and that in no case will such development hinder the agricultural use of the balance of the property. It was moved and seconded to encourage owners of prime agri- cultural land to voluntarily aggregate contiguous parcels in common ownership to 40 acres by providing cluster development on the edge of the parcel, not to exceed 5% of the parcel size and not allow division of existing parcels in prime ; agricultural areas below 40 acres unless cluster development on not to exceed 5% of the parcel is agreed to and unless the land owner agrees to convey to the County the development rights on the balance of the property to prevent further -development of the land ' for non-agricultural purposes iand to insure that upon subdivision the balance of the acreage will be dedicated to agriculture through the year 2005. Following discussion on this motion, the Board unanimously approved tabling this motion. Therefore, no further action was taken on Recommendation No. 8. 9. DIRECTED staff of the Community Development. Department to include in the draft General Plan and reflect in the draft Environmental Impact Report ! the need for LAFCO to consider an analysis of the potential impact of their decisions on the demand for County services whenever they consider changes in service boundaries and the economic ability of the Country to provide such services. THE vote. approving Recommendation No. 9 as presented was unanimous. 10 . DIRECTED staff of the Community Development Department to include in the Growth Management Element of the draft General Plan all requirements of the Contra Costa Transportation Authority regarding Growth Management. - 3 - The vote approving Recommendation No. 10 as -presented was unanimous. 11. ADOPTED as a policy of the County a request to LAFCO that upon annexation of any unincorporated lands to cities , that the Growth Management requirements of the County ( if they are more stringent that those of the city to .which the area is be annexed) be utilized, including the provision for affordable housing. The vote) approving Recommendation No. 11 as presented was unanimous. 12. DIRECTED staff of the Community Development Department to work in consultation with the Water Committee and the . Fish and Wildlife Committee to identify the areas of wetlands which should be preserved through the County General Plan. This should include at a minimum the identification of criteria which could be used- to identify such areas. The Criteria should use existing processes and not create new local definitions. In addition, staff should indicate what mapping of such areas has already been accomplished and report back to the Internal Operations Committee on this subject June 25 , 1990. The vote approving Recommendation No. 12 as presented was unanimous. 13 . DIRECTED staff of the Community Development . Department to identify the. areas of prime farmland which should be permanently preserved through the County General Plan. This should include at a minimum the identification of criteria which could be used to identify such areas. In addition, staff should indicate what mapping of such areas has already been accomplished and report back to the Internal Operations Committee on this .subject June 25, 1990. The vote approving Recommendation No. 13 as amended was unanimous. 14. DIRECTED the Community Development Director to consider the feasibility of establishing a buffer around the agricultural core area in the County in order to protect agriculture from the intrusion of urbanization and to protect urban areas from the disadvantages of close proximity to an agricultural area and to report his findings and recommendations to the Internal Operations Committee. In this regard, direct the Community Development Director to request the City of Brentwood to zone any areas which are not yet urbanized and which abut the agricultural core of the County into a buffer zone around the agricultural core of the County and to enter into ' an agreement with the County to maintain the agricultural designation for that area within the City of Brentwood and Brentwood' s sphere of influence which abuts the agricultural core of the County and which already bears such a designation. The vote approving Recommendation No. 14 as presented was unanimous. 15 . DIRECTED the Community Development Director to prepare maps for review by our Committee which outline the Agricultural Core area of the County using the area originally defined in the East County. Area General Plan, the changes proposed by the Agricultural Task Force and modified as necessary to incorporate at least the following factors: * Areas which contain Class I and II soils. 4 - * Areas which are unlikely to have reasonable access to a regular supply of water in the future. * Consideration of the actual condition of the soil in terms of such factors as alkalinity. * That the area conform as much as possible to the findings of the Agricultural Task Force. * Consideration of the distribution of Class I or II soils in relation to existing parcel boundaries. The vote approving Recommendation No. 15 as presented was unanimous. 16. DIRECTED the Community Development Director to use, as one factor in establishing any Urban Limit Line, whether the given area has a slope gradient of 260 or more, is a public park or watershed land, or constitutes wetlands or other sensitive open space or grazing lands. For any such properties located within the Urban Limit Line, the Director shall. include in the draft general plan policies limiting development of such properties. The vote approving Recommendation No. 16 as presented was unanimous. 17. AOPTED as a clear policy of the Board of Supervisors and direct the Community Development Director to include in the draft General Plan a statement that the creation of Urban Limit Lines in no ways indicates the intent or desire of the Board of Supervisors that all parcels contained within an Urban Limit Line. are to be developed and that each development application within an Urban Limit Line will be judged on its own merits. The vote approving Recommendation No. 17 as presented was unanimous. 18. DIRECTED staff : of the Community Development . Department to map and recommend appropriate steps to preserve the existing rail corridors. in the County for future use as rail lines even though they pass through non-urban areas. This should be able to be accomplished by zoning the corridors in such a way as to discourage development of the corridors until such time as the County is in a position to purchase or otherwise make the corridors available for transportation purposes. The impact of such rail lines on development potential can be minimized by reviewing carefully the location of stations in non-urban areas. The vote approving Recommendation # 18 as presented was unanimous. 19. DIRECTED the Community Development Director to communicate in writing on behalf of the Board of Supervisors with each County whose development decisions are likely to have a significant impact on Contra Costa County and each city in each such County, requesting that the Contra. Costa County Community Development Department be . notified of each development project in such counties or cities which could have an impact on Contra Costa County. Direct the Community Development Department staff to review each such development application and request mitigation measures designed to .mitigate the impacts of such developments on Contra Costa County. The vote approving Recommendation No. 19 as presented was unanimous. - 5 - 20 . REQUESTED staff from the Community Development Department to report to the Internal Operations Committee on June 25 , 1990 on the status of all of the above issues and in addition the following: * The impact of growth management issues from development in other counties. * The impact of and need for regional government in order to address some of the impacts caused by growth in one area which impact this County without providing any of the mitigation for the impact. * An updated schedule for completion of the revisions to the draft General Plan, draft Environmental Impact Report and hearings on both documents. The vote approving Recommendation No. 20 as presented was unanimous. 21. REQUESTED the County Administrator to determine the financial impact of these policies on the County as well as the financial impact on the County of the proposed initiative effort and report his conclusions and findings to the Board of Supervisors. The vote approving Recommendation No. 21 as presented was unanimous. IT IS FURTHER ORDERED BY THE BOARD that this Order super- cedes the Board' s Order on this subject. dated May 22 , 1990 approving the Report of the Internal Operations Committee dated May 14, 1990 and the attached proposed Report from the Internal Operations Committee dated June 4 , 1990. The vote approving this action was unanimous. Following discussion; there was consensus among Board members that the Community Development Director report on the following issues: 22. Develop a 'policy restricting rural subdivision by: A. strengthening the existing ranchette policy, B. limiting building density on slopes, C. protecting view corridors and ridgelines, D. strengthening water quality policies, and E. requiring planned unit developments in such areas. 23 . Recommend some mechanisms to. obtain permanency to the areas outside the Urban Limit Lines. 24 . Provide justification for the seemingly large area set aside for urban development around the proposed site of the Contra Costa County Byron Airport or modify the proposal. In this regard, agree that whatever development occurs within the Urban Limit Line around the Contra Costa County Byron Airport is not to include any residential developments. In addition, explain the size of the development area around the Byron Airport and which properties are included or excluded from the Urban Limit Lite. 25. Review the following areas and recommend whether they should be included within an Urban Limit Lines or left outside such a Line: * The area east of Discovery Bay. * The area of the Cowell property south of the Marsh Dam. 6 - * If development is to be permitted on Veale Tract, whether such development should be required to meet a specific need such as housing for senior- citizens in order to justify development in such a remote area. * Why the small area southeast of the prime agricultural core, south of Highway 4 and north of Byron is not included within the prime agricultural core area. (Isn' t part of the existing core and the staff ' s recommended new core area? ) * Each rural area identified on the existing map as cross-hatched to indicate areas which are subject to potential development within the next 15 years. 1 hereby certify that this is a true and Correct Copy of an action taken and entered on the minutes of the cc: 1 . 0. Cte. Board of Supervisors on the date shown. Director, CDD Ate, z �_..��. County Administrator IL TCHELOR,Clerk of the Board County Counsel of&"vborsand Go"Administrator Illy ��`� Oeputy TO: BOARD OF SUPERVISORS Contra FROM: r r INTERNAL OPERATIONS COMMITTEE g .; Costa County DATE: June 4 1990 SUBJECT: STATUS REPORT ON THE UPDATE OF THE GENERAL PLAN, URBAN LIMIT LINES AND RELATED ISSUES SPECIFIC REOUEST(S)O RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i RECONbIENPATIONS: 1. Defer, to the Board of Supervisors ' Water Committee in terms of recommending to the Board of Supervisors the approval of maps identifying existing wetlands which: need to be preserved. Our Committee continues to prefer that the County use a standard definition of "wetlands" . We believe that the Federal Fish & Game definition is ian appropriate one to use. 2. Amend Recommendation # 3 in our Committee' s Report on this subject which the iBoard of Supervisors approved on May 22, 1990 regarding the criteria and process by which Urban Limit Lines can be modified to read as follows: "Request the Community Development Director to include in the concept of Urban Limit Lines criteria for changing such Lines. Our suggestion is that Urban Limit Lines, once adopted, could not -be changed except upon the adoption of findings that appropriate criteria had been met. These criteria should only provide for changes to the Urban Limit Lines under very strict circumstances, including, as examples, the following: * In case of a natural `disaster. * In case of a national emergency. CONTINUED ON ATTACHMENT: YeS YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA Q EE APPROVE OTHER SIGNATUREM: SUNNE WRIGHT McPEAK OM POWERS ACTION OF BOARD ON June , APPROVED AS RECOMMENDED OTHER i I (See Separate Biard Order) i i i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) J AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Community Development Director SUPERVISORS AND COUNTY ADMINISTRATOR Dennis Barry, General Plan Coord. County Counsel M382 (10/88) BY DEPUTY 1 r' -2- Based on an objective, external evaluation that the Urban Limit Line is, in fact, making it , impossible for the County to meet its fair share quota of affordable housing and upon the adoption by 'the Board of Supervisors of a finding that modifying the Urban Limit Line will make it possible for the County to meet that quota. The approval of any changes to Urban Limit Lines where a "preserve agreement" has been signed by the County and the cities in the subregion should require both the approval of a majority of the members of the County Board, of Supervisors and a majority of the members of the city councils of the majority of the cities in the affected subregion. If no such "preserve agreement" is in place, the approval of any changes to Urban Limit Lines should require a 4/5 affirmative vote by the members of the Board of Supervisors, if and under such circumstances as County Counsel determines would allow such a higher than majority vote in order to approve such a action. " 3 . Amend Recommendation # 4 in our Committee ' s Report on this subject which the Board of Supervisors approved on May 22, 1990 regarding appropriate uses for those lands which are not contained within Urban Limit Lines to read as follows: "Direct the Community Development Director to include in the draft General Plan as a policy goal that at least 500 of the land area of the County of Contra Costa shall never be urbanized and shall forever remain in open space, agriculture, recreation, wetlands, and non-urban uses. Direct staff of the Community Development ; Department to assure greenbelt buffers to the extent possible between communities. " 4. Amend Recommendation # 6 in our Committee' s Report on this subject which the Board of Supervisors approved on May 22, 1990 regarding increasing the minimum parcel size allowed by the zoning of prime agricultural areas of the County to read as follows: "Direct staff of the Community Development Department to include in the draft General Plan an intent to increase the minimum parcel size allowed by the zoning of prime agricultural areas of the County from their present 10 acre minimum to 40 acre minimums along with the concept of cluster development on not to exceed 50 of the acreage for such prime agricultural areas in not less than one acre parcels and to require that the owner of such property convey to the County the development rights on the balance of the property to prevent further development of the land for non-agricultural purposes and to insure that upon subdivision the balance of the acreage will be dedicated to agriculture on a permanent basis. Approval of such "cluster development" on a parcel should require a finding by the Board of Supervisors that the agricultural uses of the balance of the property will be enhanced by such development and that in no case will such development hinder the agricultural use of the balance of the property. " 5 . Direct the Community Development Director to consider the feasibility of establishing a buffer around the agricultural core area in the County in order to protect agriculture from the intrusion of urbanization - and to protect urban areas from the disadvantages of close proximity to an agricultural area and to report his findings and recommendations to the Internal Operations Committee. In this regard, direct the \ I -3- Community Development Director to request , the City of Brentwood to zone any areas which are not yet' urbanized and which abut the agricultural core of the County into a buffer zone around the agricultural core of- the County and to enter into an agreement with the County to maintain the agricultural designation for that area within the City of Brentwood and Brentwood' s sphere of influence which abuts the agricultural core of the County and which already bears such a designation. 6. Direct the Community Development Director to prepare maps for review by our Committee which outline the Agricultural Core area of the County using the area originally defined in the East County Area General Plan, the changes proposed by the Agricultural Task Force and modified as necessary to incorporate at least the following factors: * Areas which contain Class I and II soils. * Areas which are unlikely to have reasonable access to a regular supply of water in the future. * Consideration of the actual condition of the soil in terms of such factors as alkalinity. * That the area conform as much as possible to the findings of the Agricultural Task Force. * Consideration of the distribution of Class I or II soils in relation to existing parcel boundaries. 7. Direct . the Community Development Director to use, as one factor in establishing any Urban Limit Line, whether the given area has a slope gradient of 26% or more, is a public park or watershed land, or constitutes wetlands or . other sensitive open space or grazing lands. For any such properties located within the Urban Limit Line, the Director shall include in the draft general plan policies limiting development of such properties. 8 . Direct the Community Development Director to prepare and forward to the Board of Supervisors on June 12 , 1990 maps of Contra Costa County which display in as much detail as is feasible Urban Limit Lines which meet the criteria of the Report from our Committee on this subject which the Board of Supervisors approved on May 22, 1990 , modified in accordance with this Report, and which displays visually the following: * Outside of the Urban Limit Lines, the following: -- Publicly owned versus privately owned land. -- The buffer area between an urbanized area and the prime agricultural core of the County. -- The prime agricultural core of the county. * Inside the Urban Limit Lines, the following: -- Currently urbanized areas versus areas which are not yet urbanized but have the potential to become urbanized within the General Plan period. 9. Adopt as a clear policy of the Board of Supervisors and direct the Community Development Director to include in the draft General Plan a statement that the creation of Urban Limit Lines in no ways indicates the intent or desire of the Board of Supervisors that all parcels contained within . an Urban Limit Line are to be developed and that each development application within an Urban Limit Line will be judged on its own merits. -4- 10. Amend Recommendation # 13 in our Committee 's :Report on this subject which the Board of Supervisors approved on May 22, 1990 regarding mapping and preserving the ; existing rail corridors in the County for future use as rail corridors to read as follows: "Direct staff of the Community Development Department to map and recommend appropriate steps to preserve the existing rail corridors in the County for future use' as rail lines even though they pass through non-urban areas. This should be able to be accomplished by zoning the corridors in such a way as to discourage development of the corridors until such time as the County is in a position to purchase or otherwise make the corridors available for transportation purposes. The impact of such rail lines on development potential can be minimized by reviewing carefully the location of stations in non-urban areas. " 11. Direct the Community Development 'Director to ;communicate in writing on behalf of the Board of Supervisors with each County whose development decisions are likely to have a significant impact on Contra Costa County and each city in each such County, requesting that the Contra Costa County Community Development Department be notified of each development project in such counties or cities which could have an impact on Contra Costa County. Direct the Community Development Department staff to review each such development application and request mitigation measures designed to mitigate the. impacts of such developments on Contra Costa County. BACKGROUND: Our Committee is continuing to review issues including the need to update .the General Plan, the draft Environmental Impact Report on the General Plan and all related issues as they were reported to the Board of Supervisors on May 22, 1990 . Based on the report from our Committee which the Board of Supervisors approved on May 22 , 1990 we received the attached report from ::. the Community Development Director on June 4 , 1990. We reviewed this report with a number of individuals and representatives of organizations on June 4, 1990 and formulated the above recommendations, which were discussed fully with all of those who were present. We plan to review the actual "Urban Limit Line" maps with the Community Development Department staff and all interested individuals on June 11, 1990 and will revise this report as necessary and report it back to the Board of Supervisors on June 12 , 1990. 6