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CITY COUNCIL AGENDA ITEM NO. 21



Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution adopting the Contra Costa County Measure L Voter-Approved Urban Limit Line as the City of Brentwood’s Urban Limit Line for the purposes of compliance with Measure J.

Prepared by: Casey McCann, Assistant Community Development Director

Submitted by: Howard Sword, Director of Community Development


RECOMMENDATION
Adopt a resolution adopting the Contra Costa County Measure L urban limit line as the City of Brentwood’s adopted urban limit line for the purposes of compliance with Measure J to establish a voter-approved urban limit line.

PREVIOUS ACTION
Measure J was adopted by the voters of Contra Costa County in November 2004. It is a 25-year extension of the previous Measure C Contra Costa Transportation Improvement and Growth Management Program approved by the county voters in 1988. Like Measure C, the Measure J Growth Management Program requires that each jurisdiction adopt a Growth Management Element as part of its General Plan. All of the jurisdictions within the county, including Brentwood, have an adopted Growth Management Element. Measure J takes effect on April 1, 2009 and has a new requirement for a voter-approved urban limit line. Compliance with Measure J is necessary for local jurisdictions to continue receiving their share of Local Transportation Maintenance and Improvement funds generated by the Measure J transportation sales tax and to be eligible for Contra Costa Transportation for Livable Communities funds. The intent of the Growth Management Element and its requirement for an urban limit line is to ensure that each jurisdiction in the county regulates the geographic extent of urban growth and has a plan for future transportation improvements and urban services.

In the November 2006 election, the voters of Contra Costa County (including a majority of Brentwood voters) adopted Measure L, approving a countywide urban limit line.

BACKGROUND
In November of 2006, the Contra Costa Transportation Authority adopted a Revised Growth Management Program, providing that each jurisdiction may use one of three alternatives in adopting an urban limit line to satisfy the requirements of Measure J:

• A new mutually agreed upon countywide urban limit line approved by the voters countywide. This was not approved and is therefore no longer applicable.
• A Contra Costa County voter-approved urban limit line that has also been approved by a majority of the voters voting on the measure in the local jurisdiction seeking to rely upon the urban limit line as the growth boundary for local development. The County Measure L urban limit line was approved in November 2006 by a majority of the Brentwood voters.
• A measure placed on the ballot and approved by a majority of the voters within the local jurisdiction establishing a local voter approved urban limit line. A jurisdiction may establish or revise its local voter approved urban limit line with local voter approval at any time prior to or during the term of Measure J. Local Measure L failed to be approved by Brentwood voters in the November 2005 election. According to the Revised Growth Management Program, a local jurisdiction may at any time adopt a local voter-approved urban limit line.

All jurisdictions in the county (including Brentwood) have the option of either adopting the Measure L County voter-approved urban limit line or their own local voter-approved urban limit line.

Because the city voters have not adopted a local urban limit line, the Brentwood General Plan does not include a designated urban limit line on the General Plan Land Use Map. It is expected that an urban limit line will be included when the next update of the General Plan is completed.

The Measure J Model Growth Management Element allows a local jurisdiction’s urban limit line to include provisions for minor nonconsecutive adjustments of less than 30 acres. The Contra Costa Transportation Authority recently clarified the purpose of these provisions (source: letter from Executive Director Robert K. McCleary, dated September 20, 2007), including:

• To prevent the use of multiple boundary adjustments of 30 acres or less to avoid the more-than-30 acres limitation.
• To allow adjustment of 30 acres or less within a limited set of conditions, provided those adjustments were non-contiguous (and not proximate to each other).
• The term “nonconsecutive” is intended to mean that adjustments should not be proximate to each other, and that in combination, these adjustments shall not result in amassing a contiguous parcel (or parcels) in excess of 30 acres.
• The local jurisdiction should avoid the creation of pockets of land outside the urban limit line, specifically to avoid the possibility of wanting to fill in those pockets later on through separate adjustments.
• To allow consideration of more than one local voter approved urban limit line boundary adjustment, each of 30 acres or less, provided they are relatively isolated and well separated from each other.
• The creation of pockets of land outside the urban limit line is to be avoided.
• Contiguous annexations totaling more than 30 acres would require further voter approval.

The Authority is currently considering further amendments to clarify the intent and effect of these provisions.

The proposal to approve the County Measure L urban limit line was reviewed by the Land Use and Development Committee on October 18, 2007. The Committee members recommended approval of the proposed resolution. A copy of the City’s current County voter-approved urban limit line map is attached.

In summary, staff recommends that the City Council approve the attached resolution, providing that the City of Brentwood adopt the County Measure L voter-approved urban limit line as part of its required compliance with the Measure J Growth Management Element and to be eligible for Local Transportation Maintenance and Improvement funds. As a responsible agency under the California Environmental Quality Act, the City acknowledges the County’s Measure L negative declaration, attached to this staff report.

FISCAL IMPACT
Adoption of this urban limit line will result in the City continuing to be eligible receive its share of Local Transportation Maintenance and Improvement funds generated by the Measure J Transportation Sales Tax and to be eligible for Contra Costa Transportation for Livable Communities funds.

Attachments: Resolution
County Voter-Approved Urban Limit Line Map
Contra Costa County Measure L Negative Declaration

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE CONTRA COSTA COUNTY MEASURE L URBAN LIMIT LINE AS THE CITY OF BRENTWOOD’S ADOPTED URBAN LIMIT LINE FOR THE PURPOSES OF COMPLIANCE WITH MEASURE J TO ESTABLISH A VOTER-APPROVED URBAN LIMIT LINE

WHEREAS, the Measure J (2004) Transportation Expenditure Plan includes a Growth Management Program which contains an urban limit line component mandating that local jurisdictions must adopt and continuously comply with a voter approved urban limit line no later than April 1, 2009 in order to receive their shares of Measure J Local Street Maintenance and Improvement Funds and to be eligible to receive Measure J Transportation for Livable Community funds; and

WHEREAS, Measure J also includes Principles of Agreement for Establishing the Urban Limit Line (the ULL Principles) as Attachment A to the Growth Management Program, incorporated therein by reference; and

WHEREAS, the ULL Principles, as amended by the Contra Costa Transportation Authority on November 15, 2006, state that a local jurisdiction may adopt a County Urban Limit Line, which is defined as the Urban Limit Line adopted by the Contra Costa County Board of Supervisors and passed by the voters at a countywide election (after November 2004); and

WHEREAS, Measure L (2006), the Contra Costa County Board of Supervisor Urban Limit Line, was passed by a majority of voters in Contra Costa at the November 7, 2006 election; and

WHEREAS, the Measure L Urban Limit Line was also approved by a majority of the voters in the City of Brentwood at the November 7, 2006 election, as certified by the County Clerk; and

WHEREAS, on October 18, 2007, the City of Brentwood Land Use and Development Committee members recommended that the County voter-approved Urban Limit Line be adopted by the City Council; and

WHEREAS, the City of Brentwood wishes to adopt the Measure L Urban Limit Line (referred hereinafter as the County Urban Limit Line) as its Urban Limit Line specifically as it applies to the City of Brentwood boundaries for the purpose of compliance with the Measure J Growth Management Program; and

WHEREAS, The Measure J Model Growth Management Element allows a local jurisdiction’s urban limit line to include provisions for minor nonconsecutive adjustments of less than 30 acres and the Contra Costa Transportation Authority clarified the purpose of these provisions, including:

• To prevent the use of multiple boundary adjustments of 30 acres or less to avoid the more-than-30 acres limitation.
• To allow adjustment of 30 acres or less within a limited set of conditions, provided those adjustments were non-contiguous (and not proximate to each other).
• The term “nonconsecutive” is intended to mean that adjustments should not be proximate to each other, and that in combination, these adjustments shall not result in amassing a contiguous parcel (or parcels) in excess of 30 acres.
• The local jurisdiction should avoid the creation of pockets of land outside the urban limit line, specifically to avoid the possibility of wanting to fill in those pockets later on through separate adjustments.
• To allow consideration of more than one local voter approved urban limit line boundary adjustment, each of 30 acres or less, provided they are relatively isolated and well separated from each other.
• The creation of pockets of land outside the urban limit line is to be avoided.
• Contiguous annexations totaling more than 30 acres would require further voter approval
• To allow a minor change in the urban limit line to accurately reflect topographic characteristics or legal boundaries (e.g. when a portion of a legal parcel is within the urban limit line); and

WHEREAS, on July 25, 2006, the Contra Costa County Board of Supervisors, as the lead agency for the project under the California Environmental Quality Act, adopted a Negative Declaration (State Clearinghouse No. 2006012134) on the “November 7, 2006 General Election, Urban Limit Line Ballot Measure Sponsored by Contra Costa Board of Supervisors;” and

WHEREAS, the Negative Declaration determined that the adoption of the Measure L Urban Limit Line would not have any significant impacts on the environment.

NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Brentwood:

1. The City of Brentwood accepts adopts, and approves, for the purposes of compliance with the Measure J Growth Management Program, the County Urban Limit Line boundary for urban development as its applicable voter-approved Urban Limit Line with regard to the boundaries of the City of Brentwood; and

2. The City of Brentwood acknowledges the conditions for revising the physical boundary of the County Urban Limit Line to allow the City of Brentwood to make adjustments of 30 or fewer acres, or to address issues of unconstitutional takings, or to conform to state and federal law; and set forth in Exhibit 1, which is attached hereto and made a part herein; and

3. The City of Brentwood shall not make adjustments of greater than 30 acres to the physical boundary of the adopted County Urban Limit Line unless those adjustments have been approved by the voters in accordance with the ULL Principles; and

4. The City of Brentwood has considered the environmental effects of the project as shown in the Negative Declaration prepared by the County, determines that the project will not have a significant effect on the environment and shall file a Notice of Determination in accordance with State California Environmental Quality Act Guidelines sections 15075 and 15096(i) within five working days after the approval of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of December 2007 by the following vote:

Resolution Exhibit 1


Conditions for revising the physical boundary of the urban limit line to allow adjustments of 30 or fewer acres, or to address issues of unconstitutional takings, or to conform to state and federal law:

1. To prevent the use of multiple boundary adjustments of 30 acres or less to avoid the more-than-30 acres limitation.

2. To allow adjustment of 30 acres or less within a limited set of conditions, provided those adjustments were non-contiguous (and not proximate to each other).

3. The term “nonconsecutive” is intended to mean that adjustments should not be proximate to each other, and that in combination, these adjustments shall not result in amassing a contiguous parcel (or parcels) in excess of 30 acres.

4. The local jurisdiction should avoid the creation of pockets of land outside the urban limit line, specifically to avoid the possibility of wanting to fill in those pockets later on through separate adjustments.

5. To allow consideration of more than one local voter approved urban limit line boundary adjustment, each of 30 acres or less, provided they are relatively isolated and well separated from each other.

6. The creation of pockets of land outside the urban limit line is to be avoided.

7. Contiguous annexations totaling more than 30 acres would require further voter approval.

8. To allow a minor change in the urban limit line to accurately reflect topographic characteristics or legal boundaries (e.g. when a portion of a legal parcel is within the urban limit line).













 
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