Title 8 — ZONING

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Title 8 - ZONING Division 82 - GENERAL REGULATIONS Chapter 82-1 - 65/35 LAND PRESERVATION 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).

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).

Urban development in the county shall be limited to no more than thirty-five percent of the land in the county. At least sixty-five percent of all land in the county shall be preserved for agriculture, open space, wetlands, parks and other nonurban uses.

(Ords. 91-1 § 2, 90-66 § 4).

No change shall be made in the new general plan after its adoption that would result in greater than thirtyfive percent 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 nonurban uses to greater than sixty-five percent of the land in the county.

(Ords. 91-1 § 2, 90-66 § 4).

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 "Contra Costa County Urban Limit Line Map" adopted by the voters on November 7, 2006. The urban limit line is incorporated into the county's open

space conservation plan. The urban limit line limits potential urban development in the county to thirty-five percent of the land in the county and prohibits 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 twenty-six 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. 2006-06 § 3, 91-1 § 2, 90-66 § 4).

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).

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 forty acres. These standards and policies may also include, but shall not necessarily be limited to, preservation agreements, conservation easements, clustering, establishment of an agricultural soils trust fund, and agricultural mitigation fees.

(Ords. 91-1 § 2, 90-66 § 4).

Development on open hillsides and significant ridgelines throughout the county shall be restricted and hillsides with a grade of twenty-six percent 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.

(a)

There shall be no change to the urban limit line that violates the 65/35 standard set forth in Section 821.006. Except as otherwise provided in this section, as long as there is no violation of the 65/35 standard, the urban limit line can be changed by a four-fifths 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:

(1)

A natural or human-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;

(2)

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 means to enable the county to meet these requirements of state law;

(3)

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;

(4)

A minor change to the urban limit line will more accurately reflect topographical characteristics or legal boundaries;

(5)

A five-year cyclical 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;

(6)

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 aviationrelated environmental or community impacts attributable to Buchanan Field, or (ii) further the county's aviation related needs; or

(7)

A change is required to conform to applicable California or federal law.

(b)

Except as otherwise provided in this subsection, any proposed general plan amendment that would expand the urban limit line by more than thirty acres will require voter approval of the proposed general plan amendment in addition to and following a four-fifths vote of the board of supervisors approving the general

plan amendment and making one or more of the findings required by subsection (a) of this section. Notwithstanding the foregoing, a proposed general plan amendment to expand the urban limit line by more than thirty acres does not require voter approval if, after a public hearing, the board of supervisors by a four-fifths vote makes either of the following findings based on substantial evidence in the record: (i) the expansion of the urban limit line is necessary to avoid an unconstitutional taking of private property; or (ii) the expansion of the urban limit line is necessary to comply with state or federal law. Proposed expansions of thirty acres or less do not require voter approval.

(c)

The board of supervisors may conduct a cyclical review of the urban limit line every five years.

(d)

The board of supervisors will review the boundary of the urban limit line in the year 2016. The purpose of the year 2016 review is to determine whether a change to the boundary of the county's urban limit line map is warranted, based on facts and circumstances resulting from the county's participation with the cities in a comprehensive review of the availability of land in Contra Costa County sufficient to meet housing and job needs for twenty years. This review of the urban limit line is in addition to any other reviews of the urban limit line the board of supervisors may conduct.

(e)

Any change to the urban limit line proposed as a result of any review authorized by this section will not be effective unless it is approved pursuant to the procedures set forth in this section.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2006-06 § 4, 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).

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 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).

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).

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 with the policies established in this chapter.

(Ords. 91-1 § 2, 90-66 § 4).

The provisions of this chapter shall be in effect until December 31, 2026, to the extent permitted by law.

(Ords. 2006-06 § 5, 91-1 § 2, 90-66 § 4).

82-1.030 - No violation of law by this chapter.

(a)

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 the landowner's 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.

(b)

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.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 91-1 § 2, 90-66 § 4).

(a)

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.

(b)

As used in this chapter, the term "nonurban 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).

Chapter 82-2 - GENERAL PROVISIONS

Divisions 82 and 84 are adopted under the provisions of Section 6.6 of the State Planning Act as amended. It follows the adoption of that portion of the master plan known as the land use master plan of Contra Costa County, state of California, by a resolution of the board of supervisors of the county of Contra Costa, state of California, adopted on December 10, 1945, in accordance with law, after receipt from the county planning commission of precise plans for all unincorporated territory of the county mentioned and described in Divisions 82 and 84, and recommendations from the planning commission to the board of supervisors made after public hearings held after due notice in the manner and form provided by law, duly certified to the board of supervisors, and accompanied by a report of findings, summary of hearings and recommendations of the planning commission; at a public hearing by the board of supervisors held after due notice in accordance with law, certain changes in the master plans were proposed, and the board referred them to the planning commission for its report; the commission filed its report with the board, as required by law, and the board accepted and approved the report as filed. This board now finds as a fact that it is advisable to adopt the following precise plans and regulations of land use in the districts and areas hereby established as part of a comprehensive long-term general plan for the physical development of the territory in the unincorporated area of this county, to conserve and promote the public health, safety and general welfare of its inhabitants.

(Prior code § 8100: Ord. 382).

Division 82 and 84 apply to and regulate all private and/or public uses of private and/or public land within the unincorporated territory of this county.

(Ord. 75-15: prior code § 8101: Ord. 918 § 3 [382 § 16]).

(a)

Each of the following is unlawful and a public nuisance:

(1)

Any use of land for a purpose not authorized by or contrary to Title 8.

(2)

Any building or structure erected, constructed, altered, moved, or maintained contrary to Title 8.

(3)

The failure to comply with any term, limitation or condition of any use permit, variance, special permit, or other permit issued under authority of Title 8.

(b)

If a violation of any provision of Title 8 or any permit condition occurs, the county may seek compliance by any remedy allowed under this code and any other remedy allowed by law.

(Ord. 2008-04 § 6: prior code § 8104: Ord. 382).

The limits of heights of structures established in Division 84 for any district shall not apply to chimneys, stacks, fire towers, radio towers, television towers, water towers, windmills, oil and gas well derricks, monuments, flag poles, telephone poles, telegraph poles, silos, water tanks, and necessary mechanical appurtenances attached to buildings. In all cases parapet or fire walls on buildings or structures otherwise conforming to the regulations established in Division 84 may be constructed not higher than three feet.

(Ord. 85-62 § 2: prior code § 8114: Ord. 382).

82-2.010 - Utilities and pipelines.

(a)

Except as otherwise provided in this section, the use of land for rights-of-way for the construction and repair of public utilities and publicly owned utilities and for privately owned pipelines for the transmission of oil, gas, water, and other substances transportable by pipelines, is not regulated or restricted by Divisions 82 and 84; and accessory and appurtenant structures forming a part of public utilities, publicly owned utilities, and pipelines are not regulated or restricted by Divisions 82 and 84, except for setback regulations.

(b)

Development projects involving hazardous waste and hazardous materials are subject to the requirements of Chapter 84-63.

(c)

Wireless telecommunication facilities are subject to the requirements of Chapter 88-24.

(Ord. No. 2016-11, § IV, 5-24-16; Prior code § 8120: Ord. 382).

Drainage facilities shall be installed under a permit issued pursuant to this title, adequate to meet and comply with the drainage design standards and requirements set forth in Division 914.

A permit for the installation of drainage facilities will not be issued until applications, plans and exhibits for such facilities are submitted which comply with the requirements of this section and Divisions 82 and 84.

(Ord. 2010: prior code § 8124).

All those lands now zoned A-1, A-2 or A-3 which are within two hundred feet of any lands zoned as H-I, L-I, C-M or W-3 and which are being changed to any residential district shall be subject to further review and approval by the planning commission as to the location of land uses and site development plan for any authorized use so as to provide protection for and development compatible to adjacent land use districts.

(Ord. 67-58 § 2, 1967: prior code § 8125).

To comply with the Government Code Section 65910 the following zoning districts are deemed to be zoning districts for open space when applied in conformance with the open space policies of the county general plan: Agricultural preserve district (A-4), heavy agricultural district (A-3), general agricultural district (A-2), exclusive agricultural districts (A-20, A-40 and A-80), and forest recreation district (F-R). This section neither limits the use of these zoning districts to the implementation of general plan open space policies, nor precludes the planning agency from adopting additional ordinances to implement those policies.

(Ord. 80-35, 74-23).

Water supply and sewage systems and/or facilities required for any use, construction, structure, or other - development to be established under a permit issued pursuant to this title shall comply with Chapters 414 4 and 420-6 of this code and the health officer's approval.

(Ord. 81-56 § 4).

Editor's note— Ord. No. 2017-26, § III, adopted October 24, 2017 repealed § 82-2.022 in its entirety. Former § 82-2.022 pertained to "Prohibited uses," and was derived from Ord. No. 2008-05 § 2.