Division 82 — GENERAL REGULATIONS

Chapter 82-1 - 65/35 LAND PRESERVATION PLAN

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 aviation-

related 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).

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).

(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).

Editor's note— Ord. No. 2017-14, § II, adopted September 19, 2017, set out provisions for use herein as ch. 82-50. Inasmuch as a ch. 82-50 already existed at the time of codification, those provisions have been included as ch. 82-52, to read as set out herein.