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HomeMy WebLinkAboutMINUTES - 06091992 - H.3 X1 .3 A tra TO: BOARD OF SUPERVISORS a- CV■' I Costa 9 t FROM: HARVEY E. BRAGDON ' Courlty DIRECTOR OF COMMUNITY DEVELOPMENT DATE: May 28, 1992 SUBJECT: Category 1 Changes to the Urban Limit Line SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as appropriate and adopt the proposed Negative Declaration. . 2 . Approve the recommendation of the County Planning Commission amending the Urban Limit Line in the Crow Canyon/Bollinger Canyon area and the Oakley area. 3 . Defer a decision on the proposed change in ` the'{ :Gateway. Valley/Orinda area pending the City of Orinda consideration of the Gateway Valley 90/10 Plan. 4 . Direct staff to make appropriate changes to the General Plan text as indicated in the April 28, 1992 staff report, to maintain internal consistency in the Plan. 5. Direct staff to place this amendment within the next consolidated General Plan Amendment. FISCAL IMPACT The proposed changes would have minor cost for staff to change maps and a fee for filing the Notice of Determination. BACKGROUND/REASONS FOR RECOMMENDATIONS On September 10, 1991, the Board of Supervisors directed the Community Development Department to proceed with a General Plan Amendment Study to consider the Category 1 changes to the Urban Limit Line. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 9, 1992 APPROVED AS RECOMMENDED x OTHER x See Addendum for Board action and votes VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: .MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED_ June 9, 1992 CC: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS D COU ADMINISTRATOR 07 BY , DEPUTY DMB:df Page Two The project would modify the Contra Costa County General Plan at Figure 3-1 to include certain lands within the Urban Limit Line. The areas proposed for inclusion within the urban limit line in Figures 1 & 2 in the April 28 , 1992 Planning Commission Staff Report comprise approximately 262 acres; approximately 74 acres at the corner of Crow Canyon and Bollinger Canyon Road in the San Ramon area, and approximately 188 acres in the Oakley Planning area. The Orinda Gateway proposal would move some 154 acres outside the Urban Limit Line. These requests were included in "Category 1" , which the Board of Supervisors determined "would include applications that involve clarification or minor or technical corrections to the urban limit line. The Board should be able to act on these few items later this year with the recommendation of the Planning Commission. Given the limited scope of these changes, they can be completed with little additional environmental review (through an addendum to the General Plan EIR or, at most, a negative declaration) . " On April 28, 1992 the Contra Costa County Planning Commission held a public hearing to consider the proposed changes. The Commission recommends to the Board that the proposed changes in the Crow Canyon/Bollinger Canyon Road and the Oakley area be approved as proposed, along with text changes in the General Plan to maintain internal consistency in the General Plan. The Commission also recommends that the Board of Supervisors defer a decision on the Gateway Valley proposal for the reason specified in the April 28 , 1992 staff report, which is included in the Board packet. On April 7 , 1992 a Negative Declaration was posted and published indicating that the adoption of this General Plan Amendment would not have a significant effect on the environment. Copies of comments received during the noticed review period are provided in the Board packet for consideration. � I ADDENDUM TO ITEM H.3, June 9, 1992 This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Contra Costa County Planning Commission on an amendment to Figure 3-1, the "Urban Limit Line (ULL) " of the Contra Costa County General Plan. The proposed change would result in a net increase of approximately 108 acres on the urban side of the ULL. (GPA- Category 1, Changes to the Urban Limit Line) . Dennis Barry, Community Development Department presented the staff report on the proposed General Plan changes and the Planning Commission recommendation on the three items. The following persons appeared to give testimony: Dick Heggie, 3 Duncan Court, Orinda, Mayor of Orinda, spoke in support of the Planning Commission recommendation on the Gateway Valley Urban Limit Line question. Sarge Littlehaze, 4 Carolyn Court, Orinda, spoke in favor of deferring the decision on the Gateway Valley Urban Limit Line issue. Betty Murphy, 248 Ivy Drive, Orinda, spoke in support of the Planning Commission and staff recommendation that the Board defer decision on the Gateway Valley until Orinda completes its deliberation on the 90/10 plan. Leslie Stewart, 500 St. Mary' s Road, Lafayette, repre- senting the League of Women Voters, spoke in support of the Plan- ning Commission recommendation. Vince Maiorana, no address given, President of the Lost Valley Association and Save Open Space, spoke in support of keeping the Gateway Valley outside the urban limit line. Fred Etzel, Two Theater Square, Suite 210, Orinda, representing Pacific New Wave, submitted a letter dated June 9, 1992 and spoke in support of the Planning Commission recommendation on the Gateway Valley issue. Ray Davis, 20 Zuca, Orinda, representing 1500 Best Friends of Orinda, spoke in opposition to the Pacific New Wave proposal. Robert W. Hobden, 20 Eastwood Drive, Orinda, commented that not all people in Orinda are in favor of extending the urban limit line around the Gateway Valley and he spoke in favor of the completion of the Orinda 90/10 plan. Amy Wu, 44533 Mesquite Court, Fremont, representing the property owners of the Crow Canyon/Bollinger Canyon property, urged Board approval of the Crow Canyon/Bollinger Canyon request. Tino Bacchini, 1901 Concord Avenue, Brentwood, spoke in favor of the change in the urban limit line in the Oakley area as it relates to Sellers Avenue. The public hearing was closed. Supervisor Schroder moved to adopt the recommendations relative to Category 1 Changes to the Urban Limit Line, recommen- dations one through five as recommended by the Planning Commission and the staff, and he commented that he had faith in the Orinda City Council relative to their intentions in the Gateway Valley. Supervisor Torlakson seconded the motion, and he com- mented in support of the Orinda City Council relative to the Gateway Valley. Supervisor Powers requested that each of the items be taken separately, and he requested that the Gateway Valley issue be returned to the Board for decision after the election in November. Supervisor McPeak expressed support for Supervisor Powers' request and she spoke in support of the motion to go through a process and bring the matter back in early December. Supervisor Powers moved to amend the motion to add that the Gateway Valley issue return to the Board in early December. Supervisor McPeak seconded the amendment. Supervisor Torlakson expressed support for the amendment with the understanding that there would be a status report in December. Supervisor Fanden commented that it would be extremely important for the parties to have a better dialogue relative to the Gateway Valley issue. Supervisor McPeak clarified that the amendment was that the item be returned to the Board of Supervisors in December, deferring the decision on the Gateway Valley issue until December, and incorporating a request to the City of Orinda and to Pacific New Wave to provide the Board with a letter of commitment that after the 90/10 Planning Process has been completed that they will support the modification of the urban limit line to put outside the line those lands that are to be retained for open space. The vote on the amendment was as follows: AYES: Supervisors Powers, Fanden, Torlakson and McPeak NOES: Supervisor Schroder ABSENT: None ABSTAIN: None The vote on the main motion was as follows: AYES: Supervisors Powers*, Fanden, Schroder, Torlakson, McPeak NOES: *Supervisor Powers (No on the portion related to the Crow Canyon/Bollinger area and he voted aye on all the other recommendations) ABSENT: None ABSTAIN: None IT IS BY THE BOARD ORDERED that recommendations 1, 2 , 3 as amended, 4 and 5 are APPROVED; the City of Orinda and Pacific New Wave Corporation are REQUESTED to provide a letter of commitment of support to place lands outside the Urban Limit Line after the completion of the review of the Gateway Valley 90/10 plan; and Community Development Department staff is DIRECTED to provide a status report in December 1992 on the Gateway Valley. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 9, 1992 by the following vote: AYES: Supervisors Schroder, McPeak, Fanden, Todakson and Powers NOES: Supervisor Powers voted no on the Crow Canyon/Bol.l.i.nger Canyon porti-on ABSENT: None ABSTAIN: None RESOLUTION NO. 92/.396 SUBJECT: In the Matter of the ) Category 1 Changes to the Urban Limit Line ) The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with this Board and its Clerk a copy of Resolution No. 33-1992, adopted by the County Planning Commission, which discusses amendments to the County's Urban Limit Line and General Plan specifically in the Crow Canyon/Bollinger Canyon area and in the Oakley area. On June 9., 1992 the Board held a hearing on said amendments as discussed by the County Planning Commission Resolution 33-1992. Notice of said hearing was duly given in the manner required by law. The Board, at the hearings called for testimony of all persons interested in this matter and numerous people testified in support and opposition of this matter. The Board finds that the proposed amendments will not have a significant impact on the environment. An Environmental Initial Study and Negative Declaration was prepared and processed in compliance with the California Environmental Quality Act and County CEQA guidelines. The Board members having fully considered this amendment discussed in Resolution No. 33-1992, the recommendations included in the County Community Development staff report dated April, 28 1992, determines to amend the County General Plan's Growth Management Element and Urban Limit Line as follows: Crow Canyon/Bollinger Conyon Road Area - The amendment proposed in Figure 1 would better reflect the topography of the site than the existing alignment of the line, which currently follows San Ramon Valley Boulevard. The amendment is proposed to approximate the 700 foot elevation contour, thus better reflecting the topography of the site. Oakley Area-The amendment proposed in Figure 2 in the Oakley area would match the Urban Limit Line to the eastern boundary of the Oakley North Brentwood Planning Area, as it is depicted in Figure 3-2 Unincorporated Communities with Adopted Area Policies on page 3-67 of the County General Plan. The line in this area currently follows Marsh Creek. The Board further directs the County Community Development Department to incorporate this proposed amendment to said plan into a combined general plan amendment which this Board will consider for adoption during the 1992 calendar year as one of the four permitted amendments to the mandatory elements of the County General Plan. Orig. Dept.: Clerk of the Board cc: Director of Community Development Director of Public Works i ;,ereby certify that this is a true and correct COPY of County Counsel an action taken and entered on the minutes of the County Administrator Board of Supfalsors on the date shown. ATTESTED: PHIL QfdHELOR,Cierk of the Board GPA3%ULLIBSL.B0S of Supervise and:County VmInistrator 0 ,Deouty