County and related Memorandum of Understanding MOU

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1 July TO Mayor and Town Council FROM Joseph Calabrigo Town Manager SUBJECT DEIR for Tassajara Parks project in unincorporated Contra Costa County and related Memorandum of Understanding MOU The Town Council has continued to be appraised on the status of the two above referenced matters Both matters continue to move forward through the process at Contra Costa County and further Town Council consideration is appropriate at this point in the process BACKGROUND Contra Costa Costa County is currently processing an application for a General Plan Amendment Rezoning and Urban Limit Line ULL exception involving 771 acres of land in the Tassajara Valley The project referred to as Tassajara Parks is located entirely outside of the voter approved County ULL sites The property is divided into two The northern site includes 155 acres directly adjacent to Tassajara Hills Elementary School and Blackhawk on the north side of Camino Tassajara This site is proposed to be developed with 125 single family lots which could be approved through granting a 30 acre exception to the voter approved ULL The southern site includes three parcels totaling 616 acres located on the southern side of Camino Tassasjara opposite Johnston Road and Highland Road This site would be dedicated to East Bay Regional Park District EBRPD and San Ramon Valley Fire Protection District SRVFPD The northern site is located within the Town s planning area as defined by the Danville 2030 General Plan the southern site is within the City of San Ramon s planning area The Board of Supervisors can approve exceptions of up to 30 acres to the ULL with a four fifths vote upon at making least one of the findings shown in Attachment A

2 Related to the development proposal is a proposed Memorandum of Understanding MOU which is being drafted by the County Attachment B The draft MOU would contractually preserve and protect up to acres in the Tassajara Valley subject to current County general plan and zoning standards While County staff has indicated that each matter may move forward independent of the other the draft MOU is intended in part to allow the County to make the finding necessary to grant the 30 acre exception being requested for the development project Both of these matters are expected to go before either the County Planning Commission the Board of Supervisors or both prior to November 2016 Simultaneously the County is currently undertaking a comprehensive review of the County ULL as required by Chapter 82 1 of the County Code The purpose of this review is to determine whether sufficient land is available with in the current ULL to accommodate projected housing and job growth within the next 5 10 years CURRENT STATUS Tassajara Parks The property is currently general planned for Agricultural use under the County general plan and zoned Agricultural A acre minimum Absent variances this would permit no further subdivision of the northern site and allow for subdivision of the southern site comprised of 3 existing parcels into 7 parcels In total this would increase the number of parcels from 4 to 8 for both sites The DEIR for the project was released in May and interested parties have until July to comment on the DEIR The development includes 125 single family homes located on the flatter portion of the property only at the southwest corner of the site the area to be developed with lots and streets The requested 30 acre exception includes The DEIR indicates that an additional 19 3 acres of grading are proposed beyond the 30 acres along with a 2 95 acre detention basin and equestrian and pedestrian staging areas totaling another 1 44 acres Project proponents have applied to LAFCO to have East Bay Municipal Utility District EBMUD and Central Contra Costa Sanitary District CCCSD provide water and sewer service to the subdivision and staging area As part of their proposal the applicants would dedicate over 600 acres of land to EBRPD 7 acres to SRVFPD and contribute 4 million to an agricultural enhancement fund established by the County

3 Proposed MOU County staff has been working on a draft MOU since March 2015 The land use agencies proposed to be parties to the MOU include Contra Costa County the Town of Danville and the City of San Ramon EBRPD is proposed as a fourth party The project proponents have been presenting their proposal to the environmental groups EBRPD Danville San Ramon SRVFPD and SRVUSD County staff has reached out to Town staff in order to keep the Town appraised as to the ongoing status of the project moving forward Highlights of the draft MOU include A commitment to contractually preserve up to acres in the Tassajara Valley subject to the current County general plan and zoning Agreement by the parties to work together to support develop and implement policies programs and other actions intended to enhance agriculture and to preserve open space wetlands parks and other non urban uses Reaffirmation that each of three agencies to their respective voter approved ULL s or UGB s County Danville San Ramon commit Agreement by the parties not to support any proposal to annex any portion of the area into a municipality or utility service district or expand or extend urban infrastructure except for non urban uses and Agreement by the parties that in the event the County approves the Tassajara Parks project the County shall have authority to find that the MOU satisfies the requirements of section a 3 of the County Ordinance Code provided that the project permanently preserves at least 500 acres of land for open space or related purposes and provides an irrevocable dedication of at least to an agricultural enhancement fund established by the County 4 million From a development or zoning perspective the MOU cannot contract away police powers that the lead agency has nor can it impose any additional zoning requirements that don t already exist DISCUSSION The two matters discussed in this memorandum are directly related Although the County maintains that either matter could proceed independent of the other the language in Section 13 and 14 of the draft MOU clearly refer to the Tassajara Parks proposal Therefore the Town continues to link the two for purposes of review and discussion

4 In order to move forward with the development proposal a ULL exception is necessary and the MOU is intended in part to facilitate that action Potential topics to consider and discuss include but are not limited to the following 1 Policy implications associated with amending the voter approved ULL and considering a 30 acre exception to the ULL separate and apart from the comprehensive ULL review currently underway by Contra Costa County 2 Consistency with growth management principles built into Measure J and a potential new 1 2 cent transportation sales tax i e focusing housing and jobs around transit centers and downtowns 3 Timing of the proposal given that there are similar homes left to build in Alamo Creek and Dougherty Valley i e the development and ULL exception are not time sensitive These sites are currently zoned A 80 meaning that there is no impending threat of development 4 How the County determines the boundaries of a 30 acre exception to their ULL since the project including related grading improvements clearly exceeds 30 acres in size 5 Potentially drainage facilities and other significant environmental impacts related to traffic aesthetics utilities services and facilities 6 Growth inducing impacts related to requiring etc property outside of the voter approved ULL EBMUD and CCCSD to serve RECOMMENDATION Accept the status report and direct staff to 1 Complete a response letter to the DEIR for submittal to Contra Costa County by July Authorize the Mayor to sign the letter 2 Request a meeting with Supervisor Andersen and the City of San Ramon to discuss the proposed MOU 3 Place the draft MOU on to a future Town Council agenda for formal consideration Attachments A Contra Costa County Ordinance Code Chapter Changes to the Urban Limit Line B draft Memorandum of Understanding

5 Chapter Changes to the urban limit line a There shall be no changes to the urban limit line that violates the standard set forth is Section Except as otherwise provided in this section as long as there is no violation of the 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 upon substantial evidence in the record 1 A natural or man 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 a cting all or any portion of the land covered by the pr esel V17tion 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 above that neer 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 expend the urban limit line by more than thirty acres will require voter approval Proposed amendments of thirty acres or less do not require voter approval ATTACHMENT A

6 DRAFT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding MOU is entered into on 2016 Effective Date and is among the County of Contra Costa a political subdivision of the State of California County the Town of Danville a California municipal corporation Danville the City of San Ramon a California municipal corporation San Ramon and the East Bay Regional Park District EBRPD a regional park district formed pursuant to Article 3 of Chapter 3 of Division 5 of the Public Resources Code The County Danville San Ramon and EBRPD are from time to time hereinafter referred to individually as a Party and collectively as the Parties RECITALS A This MOU is intended to be a preservation agreement under the Land Use Element Chapter 3 of the County of Contra Costa General Plan County General Plan and Section of the ordinance code of Contra Costa County County Ordinance Code B The general plans of the County Danville and San Ramon and the EBRPD Master Plan contain provisions intended to protect agricultural lands and open space as set forth more particularly in Exhibit A attached hereto and incorporated by Agricultural and Open Space Protection Policies this reference Existing C In November 1990 voters approved Measure C 1990 the Contra Costa County Land Preservation Plan D The Land Preservation Plan limits urban development to no more than thirty five five percent 65 of percent 35 of the land in the County and requires that at least sixty the land in the County be preserved for agriculture open space wetlands parks and other Land Preservation Standard non urban uses E Measure C 1990 also established the County s Urban Limit Line ULL to implement the Land Preservation Standard F The Measure C 1990 ULL was subsequently incorporated into the County General Plan and County Ordinance Code G In 2004 County voters approved Measure J Among other things Measure J requires the County and all cities within the County to have a voter approved urban limit line developed and maintained in accord with the Principles of Agreement for Establishing the Urban Limit Line Principles to receive the sales tax proceeds from Measure C 1988 H In November 2006 voters approved Measure L Among extended the term of the Land Preservation Plan to December and 2 required a four fifths 4 5 vote of the Board after making one or more of certain findings based on substantial evidence and voter approval to expand the ULL by more than thirty 30 acres other things Measure L 1 I In 1999 San Ramon voters approved a growth management initiative known as Measure G initiating a general plan update that created an urban growth boundary San Ramon ATTACHMENT B

7 UGB that protects visible hillsides and ridgelines from development protects significant agricultural resources preserves open space encourages infill development and workforce housing and encourages efficient provision of municipal services such as sewer and water Land beyond the UGB is intended to remain rural in nature until such time as the UGB is reevaluated to assess the city s future needs for housing and employment J In November 2010 San Ramon voters disapproved Measure W a ballot initiative that would have amended the city s general plan to add a portion of the Tassajara Valley and lands in the west side of the city within its UGB With the defeat of Measure W the Tassajara Valley remains outside of the city under the jurisdiction of the County for land use decisions s UGB and Sphere of Influence SOI and K In November 2000 Danville voters approved Measure S a ballot initiative that created a new process for approving changes to its general plan for all properties designated Agricultural General Open Space and Parks and Recreation Such changes may only be made by a vote of the people at an election or by a four fifths 4 5 vote of the Town Council upon making certain findings supported by substantial evidence in the record L Danville has adopted the County the requirements of Measure S a voter initiative is required to change the Danville UGB if such change would result in re designating land from open space to an urban land use s ULL as its municipal UGB Danville UGB Under M Danville has designated an approximately six hundred sixty five 665 acre portion of the Tassajara Valley as a Special Concern Area by the Danville 2030 General Plan N EBRPD s jurisdiction includes all of the Counties of Alameda and Contra Costa and the District is the primary provider of regional park facilities and activities for this two county area EBRPD has a broad mandate under Public Resources Code section 5541 to plan adopt lay out plant develop and otherwise improve extend control operate and maintain a system of public parks playgrounds golf courses beaches trails natural areas ecological and open space preserves parkways scenic drives boulevards and other facilities for public recreation for the use and enjoyment of all the inhabitants of the district O Through this MOU each Party intends to memorialize each jurisdiction s respective commitment to preserving an approximately seventeen thousand seven hundred and eighteen acre area Note verify total land area in Tassajara Valley located in unincorporated Contra Costa County as more particularly shown on Exhibit B attached hereto and incorporated by this reference Tassajara Valley Agricultural Enhancement Area by agreeing to apply each Party s existing land preservation policies as codified in existing zoning regulations and general plan policies to the Tassajara Valley Agricultural Enhancement Area P The Tassajara Valley Agricultural Enhancement Area is generally characterized by 1 agricultural uses such as orchards vineyards and grazing 2 rural residential uses and 3 open space uses Q The Tassajara Valley Agricultural Enhancement Area is outside of the County s ULL San Ramon UGB and the Danville UGB does not fall within any municipality s SOI and is outside of the current service areas SOls for all special districts providing water and sewer service FTLL

8 NOW THEREFORE the Parties agree to the following understandings AGREEMENT 1 The Recitals are true and correct and are incorporated herein by this reference 2 Each Party hereby expressly reaffirms its commitment to the Existing Agricultural and Open Space Protection Policies adopted by that Party including but not limited to the County s ULL the San Ramon UGB and the Danville UGB collectively ULL UGBs for all lands within each Party s respective jurisdiction and specifically with respect to the Tassajara Valley Agricultural Enhancement Area which is outside the ULL UGBs thereby ensuring that no urban development outside of the ULL UGBs will be allowed 3 Consistent with Existing Agricultural and Open Space Protection Policies the Parties agree to a policy in the Tassajara Valley Agricultural Enhancement Area of requiring urban development to be effectively buffered from land planned for agricultural open space parks or other non urban uses 4 The Parties agree to support the addition of the Tassajara Valley Agricultural Enhancement Area to the Association of Bay Area Government s list of Priority Conservation Areas 5 The Parties agree not to support any proposal to annex all or any portion of the Tassajara Valley Agricultural Enhancement Area into a municipality or a utility services district unless the annexation serves non urban uses such as agriculture open space wetlands parks and other non urban uses 6 The Parties agree not to support any proposal to modify the SOI of any municipality or utility services district to include all or any portion of the Tassajara Valley Agricultural Enhancement Area unless the modification serves non urban uses such as agriculture open space wetlands parks and other non urban uses 7 The Parties agree not to support any proposal to extend expand or connect to urban infrastructure or service to all or any portion of the Tassajara Valley Agricultural Enhancement Area unless the extension expansion or connection serves non urban uses such as agriculture open space wetlands parks and other non urban uses 8 With respect to any urban uses the Parties agree not to support any proposal to extend expand or connect to urban infrastructure or service to all or any portion of the Tassajara Valley Agricultural Enhancement Area unless such extension expansion or connection is 1 is the minimum necessary to avoid an unconstitutional taking of private property 2 is the minimum necessary to comply with state or federal law or 3 is the minimum necessary to avoid specific adverse impacts upon public health and safety 9 The County agrees not to support any proposal to amend the General Plan land use designation for all or any portion of the Tassajara Valley Agricultural Enhancement Area FTLL

9 unless such proposed amendment is for one or more of the following County General Plan land use designations Agricultural Lands Public and Semi Public Open Space or Parks and Recreation Uses 10 The County agrees not to support any proposal to amend the zoning designations in the Tassajara Valley Agricultural Enhancement Area to change the zoning to a non agricultural designation or other designation that is not compatible with agriculture open space or park and recreation uses 11 The Parties agree not to support any future urban development in the Tassajara Valley Agricultural Enhancement Area except as otherwise provided in this MOU 12 The Parties agree to work together to support develop and implement policies programs and other actions intended to enhance agriculture and to preserve open space wetlands parks and other non urban uses in the Tassajara Valley Agricultural Enhancement Area Actions to be considered include but are not limited to the following a encouraging and promoting purchase of land or conservation easements from willing sellers to protect and enhance agriculture and to preserve open space wetlands parks and other non urban uses b continuing the California Land Conservation Act of 1965 Williamson Act Gov t Code et seq program to provide tax incentives for property owners who agree not to develop their land c encouraging lease of public land for agricultural activities such as grazing d encouraging and promoting enhanced ground water management for agriculture and rural use including technical support for more efficient water application and cooperative ground water management and extraction e encouraging and promoting enhanced marketing for locally grown agricultural goods including better connecting farmers to local markets f encouraging continuation and augmentation of the technical support available to farmers especially in the areas of financing weed management soil conservation and range management and g exploring and pursuing a range of funding opportunities for agricultural enhancement and preservation of open space wetlands parks and other non urban uses through activities such as grants allocations from funding measures and appropriations from density transfer programs and mitigation programs 13 Notwithstanding anything contained in this MOU to the contrary the Parties agree that in the event the County in its discretion as Lead Agency certifies an Environmental Impact Report EIR pursuant to CEQA and the CEQA Guidelines and approves the project described in that EIR Project where the Project 1 permanently preserves at least five hundred 500 acres of land for non urban uses such as recreation open space agriculture grazing scenic wetland preservation and creation and habitat mitigation FTLL

10 and 2 provides an irrevocable dedication of at least 4 million Dedication to an agricultural enhancement fund established by the County Fund the County shall have authority to find that this MOU satisfies the requirements of section a 3 of the County Ordinance Code 14 The Parties agree that the provisions of this MOU shall not be interpreted to prevent the County or any other governmental entity from approving or supporting a Project for which a notice of preparation has been sent to the Office of Planning and Research prior to the effective date of this MOU that meets the requirements of this section or from taking any action in furtherance of such Project 15 The moneys in the Fund shall not be commingled with other moneys held by the County and shall be expended solely for one or more of the purposes set forth in Section 12 of this MOU Any interest income earned by moneys in the Fund shall also be deposited into the Fund and shall be expended solely for one or more of the purposes set forth in Section 12 of this MOU 16 The Parties agree to cooperate and to act in good faith in all matters relating to the interpretation and implementation of this MOU 17 The Parties intend that this MOU be broadly construed to achieve its stated purposes 18 The Parties do not intend for this MOU to modify any existing laws regulations or policies regarding the Tassajara Valley Agricultural Enhancement Area nor to limit any jurisdiction s power conferred under Article 11 Section 7 of the California Constitution 19 There are no third party beneficiaries of this Agreement 20 If any provision or provisions of this MOU shall be held in a judicial proceeding to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby provided that the purpose of this MOU remains legal and enforceable COUNTY OF CONTRA COSTA 9 Chair Board of Supervisors ATTEST M Clerk of the Board of Supervisors FTLL

11 TOWN OF DANVILLE Mayor ATTEST City Clerk APPROVED AS TO FORM Town Attorney CITY OF SAN RAMON Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney EAST BAY REGIONAL PARK DISTRICT President ATTEST Clerk APPROVED AS TO FORM District Counsel FTLL