HomeMy WebLinkAboutItem 8.1 Save Agric/Open Space CITY CLERK
File # 0660-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (April 18, 2000)
SUBJECT:
Analysis of Save Agricultural and Open Space Lands Initiative
Report Prepared by Eddie Peabody Jr., Community Development
Director
ATTACHMENTS:
1. Save Agriculture and Open Space Lands Initiative (February 25,
2000)
RECOMMENDATIOn. Receive Staff presentation. · Provide direction to Staff.
FINANCIAL STATEMENT: Undetermined at this point.
DESCRIPTION:
On February 28, 2000, the Save Agriculture and Open Space Lands Initiative was submitted to the
Alameda County Registrar of Voters as a proposed countywide initiative. Signatures are now being
collected to place the initiative on the November 2000 ballot or the spring 2001 ballot. The purpose of the
initiative is to preserve agriculture and to protect open space in the unincorporated area of Alameda
County. It would establish a county Urban Growth Boundary (UGB) that would effectively remove the
County government from allowing urban growth outside this boundary.
IMPACT ON DUBLIN:
The features of this initiative would prohibit Alameda County from creating any new parcels or allowing
any change of land use to an urban use within the UGB.
Specific Impacts to Dublin would be:
1. All areas west of the existing Dublin City limits would be included in the UGB, and would
remain agricultural or open space as per the initiative.
2. All areas east of the existing Eastern Dublin Specific Plan boundary, including areas now in
our Sphere of Influence would remain agricultural or open space as per the initiative.
Specific Properties affected would include:
1. West - Nielson, Milestone and all properties west of the existing Dublin City limits (2,096
acres).
COPIES TO:
In House Distribution
Alameda County Registrar of Voters
ITEM NO. ~
2. East - Braddoch & Logan properties (former Fallon Enterprises, Mandeville properties); Croak
property and one-half of the Moller property (876 acres).
Additional impacts on the City operations would be on Eastern Dublin Impact Fees, which are predicated
on complete development of our entire General Plan area. A loss of potential 876 acres of property would
cause impact fees to be increased to cover the missing developable property. The designation of all
properties west of the existing City limits may impact the City's initiative and open space study due to be
completed by November, 2000 election.
Finally, another initiative sponsored by the Tri-Valley Business Council may also be submitted for the
November 2000 election, which may have another direction for an Urban Growth Boundary.
CONCLUSION:
If sufficient signatures are secured for this initiative, the City Council may wish to take a position
regarding the implications to the City.
RECOMMENDATION:
Staff recommends that the City Council receive Staff presentation and provide direction on the initiative.
2
BRADLEY J. CLARK
REGISTRAR
REGISTP R OF VOTERS
ALAMEDA COUNTY · CALIFORNIA
RECEiVE
ELAINE GINNOLD
ASSISTANT REGISTRAR
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Richard Winnie, County .Counsel
Brad Clark, Registrar of V0ter~/~f
. Title and Summary for County Initiative
February 28, 2000
Enclosed please find the Notice of Intent to Circulate an Initiative Petition filed
by Richard A. Sclmeider. Please prepare a Title and Summary, not to exceed 500 words,
as required by Elections Code section 9105. Please prepare and return the Title and
Summary to me within 15 days.
Thank you for your attention to this matter. If you have any questions please call
me at 272-6933. '
~'Cc: Nancy Fenton, Deputy County Counsel
ATTACHMENT /
177.~ FAi I ON STR[--.~T - OAKI_AND. CALIFORNIA 94612-42~3 · I510} 272-6973 ' FAX (5101 272-69B2 ' TDD {510) 208-4967
Be,, FEB 25
':i" ',$ '.-"
Alameda County Registrar of Voters
1225 Fallon
Oakland, CA
6867 WiIton Drive
Oakland, CA 94611
(510) 482-1553
25 February 2000
Dear Sir or Madam:
Enclosed is a Notice of Intention to Circulate Petition, duly signed by four
proponents, and a complete copy of the text of the initiative. Please have prepared a
ballot title and summary for reproduction on the petitions as required by California
Elections Code section 9103 (a).
Thank you.
Sincerely,
Richard A. Schneider
Notice of Intention to Circulate Petition
Notice is hereby given by the persons ~whose names appear hereon of their intention to
circulate the petition within the CountY of Alameda for the purpose of amending the Alameda
County General Plan to save agriculture and open space lands. A statement of the reasons of
the proposed action as contemplated in the petition is as follows:
SAVE AGRICULTURE AND OPEN SPACE LANDS INITIATIVE
The reasons for this initiative are to protect the remaining opens spaces of Alameda
County, its wildlife habitats, watersheds, and scenic vistas from excessive, badly located, and
harmful, development; to preserve and enhance agriculture and agricultural lands; to reduce
traffic congestion, air pollution, and depletion of water reserves caused by urban sprawl; to
reduce costs to County. taxpayers of providing infrastructure and services to far-flung new
developments outside of existing cities; and to help generally to maintain a high quality of life
in Alameda County.
The existing County General Plan is inadequate tO protect the natural resources and
agricultural lands of the County. What protections that do exist are fragmentary and
impermanent; they can be changed at any time. This initiative will establish long-term
protections for open s?ac~ and agriculture that can only be changed by a vote of the people of
Alameda County.
Name
Signature.
v,,,~-t o~ C~ cd rTitle
AddreSs
Name
Signature
Title
Address
Name
Signature
Title
Address
Name
Signature
Title
Address
-:.-. -<
NO. ; 510 482-155~ Feb. 21 2000 10:~PM
Notice of Intention to Circulate Petition ·
Notice is hereby giveR'by the persons whose names appear hereon of their intention to
circulate the petition within the County of Alameda for the vtrrpose of amending the
Alameda County General Plan tO save agriculture and op~I~nc~., ,~ %~',~ ~w ,d ~ ~-~.
SAVE AGRICULTURE AND OPEN^LANDS INITIATIVE
The reasons for th.is initiative are to protect the remaining opens spaces of Alameda
County, its wildlife habitats, watersheds, and scenic vistas from excessive, badly located, and
harmful development; to preserve and enhance agriculture and agricultural lands; to
reduce traffic congestion, air pollution, and depletion of water reserves caused by urban
sprawl; to reduce costs to County taxpayers of providing infrastructure and services to far-
flung new developments outside of existing titles; and to help generally to maintain a high
quality of life in Alameda County.
The existing 'County General Plan is inadequate to protect the natural resources amd
agriculVazal lands of the County. What protections that do exist are fragmentary and
impermanent; they can be changed at any time. This initia6ve will establish long-term
protections for open space and agriculture that can only be changed by a vote of the people of
Alameda County.
Name [4~L~t4 ~. ESO 2, ~ Name
Signature ~ ~L'/' ~ Signature
Title* ~o~~. ~ ~ ~,~.~c~ ~ Title*
Ad.ess b~. ~Cw~.. ~, Ad.ess
7
Name Name
Signature Signature,
Title* Title*
Address . . Address
Name
Signature
Title*
Address
*Titles for identification purposes only
Notice of Intention to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to
circulate the petition within the County of Alameda .for the purpose of amending the Alameda
County General Plan to save agriculture and ope~ntds. A statement of the reasons of the
proposed action as contemplated in the petition is as follows:
SAVE AGRICULTURE AND OPENaLANDS INITIATIVE
The reasons for this initiative are to protect the remaining opens spaces of Alameda
County, its wildlife habitats, watersheds, and scenic vistas from excessive, badly located, and
harmful development; to preserve and enhance agriculture and agricultural lands; to reduce
traffic congestion, air pollution, and depletion of water reserves caused by .urban sprawl; to
reduce costs to County taxpayers of providing infrastr-ucture and services to far-flung new
developments outside of existing cities; and to help generally to maintain a high quality of life
in Alameda County.
The existing County General Plan is inadequate to protect the natural resources and
agricultural lands of the County. What protections that do exist are fragmentary and
impermanent; they can be changed at any time~ This initiative will establish long-term
protections for open space and agriculture that Can only be changed by a vote of the people of
Alameda County.
Name ~/~AJ ~F-'~,e.,~__.__~ ,, Name
Signature ~~'/~ Signature.
Address ;/%q ~~. O. Address
Name Name
Signature Signature
Title Title
Address Address
Name
Signature
Title
Address
Notice of Intention to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to
circulate the petition within the County of Alameda for the purpose of amending the Alameda
County General Plan to save agriculture and open'antis. A statement of the reasons of the
proposed action as contemplated in the petition is as follows:
SAVE AGRICULTURE AND OPEN^LANDS INITIATIVE
The reasons for this initiative are to protect the remaining opens spaces of Alameda
County, its wildlife habitats, watersheds, and scenic vistas from excessive, badly located, and
harmful development; to preserve and enhance agriculture and agricultural lands; to reduce
traffic congestion, air pollution, and depletion of water reserves caused by urban sprawl; t°
reduce costs to County taxpayers of providing infrastructure and services to far-flung new
developments outside of existing cities; and to help generally to maintain a high quality of life
in Alameda County.
The existing County General Plan is inadequate to protect the natural resources and
agricultural lands of tke County. What protections that do exist are fragmentary and
impermanent; they can be changed at any time. This initiative will'establish long-term
protections for open space and agriculture tha.t can only be changed by a vote of the people of
Alameda County.
Name
Signature
Title
Address
Address
Name Name
Signature Signature
Title Title
Address Address
Name
Signature
Title
Address
Save Agriculture and Open Space Lands
The people of the 'County of Alameda ordain as follow~:
SectiOn I. Purposes
The purposes of this Initiative are to preserve and enhance agriculture and agricultural lands, and to protect the
natural qualifies, the wildlife habitats, the watersheds and the beautiful open spaces of Alameda County from
excessive, badly located and harmful development. The measure establishes a County Urban Growth Boundary which
will focus urban-type development in and near existing cities where it will be efficiently served by public facilities,
thereby avoiding high costs to taxpayers and users as well as to the environment. The ordinance is designed to
remove the County government from urban development outside the Growth Boundary.
The limitations this measure imposes on the amount and location of development aim at preventing excessive
growth and curbing the juggernaut of urban sprawl.'The In/tiative will reduce traffic congestion, air and water
pollution, loss of historic and scenic values and the blighting of existing city centers; and will help maintain a high
quality of life in Alameda County.
Section 2. Findings
The people of Alameda Co .unty do deliberately fred and declare the following:
(a) Excessive DeveloDraent: Alameda County is at a critical juncture. Many of the valuable natural resources and
qualities of the County have been needlessly or prematurely destroyed by development. Much that remains is in
imminent jeopaxdy. The current rate of residential growth would double the East County population alone in the next
20 years. The resulting development would despoil agricultural lands, wildlife habitat, scenic corridors, watersheds
and other environmentally valuable areas. This growthwould harm air and water quality, exacerbate already
intolerable levels of traffic and congestion, and ovenvhelm the ability of local government to provide public facilities
and services at a reasonable cost to taxpayers.
(b)~: The existing East County and Castro Valley Area Plans are weak. They do not provide
adequate safeguards against destructive growth nor adequate protection for agriculture and vital environmental
qualities: The plans contain major loopholes; some areas are not covered by any mean/ngful protection. The plans
have no' permanency. They can be changed at any time.
(c) Agriculture: The protection of existing agriculture is important to Alameda County. Agriculture remains a
major contributor to the' County's diversified economy. It is key to preserving open lands. Agriculture can only be
maintained and enhanced if the voters of the County make a fn'm commitment to its preservation.
(d) O~n Lan0~: Preservation of agriculture and other open lands protects air and water quality, contributes to
health and recreation, offers habitat for plants and animals, provides visual enjoyment and beauty, gives a sense of
history and community, and generally is important to the quality of our lives.
(e) Air Pollution: The East County area exceeded State limits for air pollution on 21 days in 1998 and was
identified in 1997 as one of the 10 worst air basins in the United States. The air quality will be further impaired by
currently projected growth. That is not healthy.
(f) T~c: County highways and streets are grossly overloaded with traffic. Large-scale, sprawling Cour~
development will make traffic problems much worse.
· (g) Water:. There is inadequate water now for projected East County growth. Provision of aa adequate, reliable, safe
water supply would be very expensive and cause environmental harm. There would be great pressure to use recycled
water from. treated sewage, with uncemin health effects.
(h) Housing: This ordlnan~ confn'ms the County's obligation to meet fair share housing needs for all income
segments. The establishment ora County Urban Growth Boundary will encourage compact development which
provides more affordable housing than sprawl.
(i) Public Facilities: Properly planned, compact development in and near existing urban areas where infrastructure
is available is more economical to users and taxpayers than far-flung, scattered developm, nt which can cost many
times as much to build and operate. Public facilities can have major direct and indirect adverse effects on land use and
the environment.
(j)' Landfills and O_~rfi~$ are massive, ugly and environmentally harmful uses of land. Recycling will greatly
reduce the amount of land needed for waste disposal. Existing landt-flls in Alameda County are adequate for County
residents for the longqerm future.
(lc) Castro Valley and Palomares Canvonlands: Envkonmentally fragile and valuable canyonlands in the Castro
Valley and Palomares areas are vulnerable to interne development pressures which would be very destructive. They
deserve greater protection than the fragmentary safeguards now provided by the General Plan.
(1) ]~.lll~t~P_Ill~: Within the meaning of California Evidence Code Section 669.5¢)(3), this ordinance is
designed to protect agricultural use as defined in Government Code Section 51201(b) and open space land as defined
in Government Code Section 65560(o).
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Section 3. Protection of Legal Riehts
Notwithstanding their literal terms, the provisions of this ordinance do not apply to the extent, but only to the
extent, that courts determine that if they were applied they would deprive any person of constitutional or statutory
rights or privileges, or otherwise would be inconsistent with the United States or State constitutions or law. The .
purpose of this provision is to make certain that this ordinance does not violate any person's constitutional or legal
rights.
To the extent that a provision or provisions of this ordinance do not apply because of this section, then only the
minimum development required by law which is most consistent with the provisions and purposes of this ordinance
shall be permitted.
Section 4. A_m'icultural. Resource Management. Water Management. and Rut01 R~idcntial Areas
In areas outside the County Urban Growth Boundary designated Large Parcel Agriculture, Resource Management
or Water Management Lands by the East County Area Plan on February 1, 2000, or by this ordinance, the number of
parcels that may be created, the residential units permitted on each parcel, the size of the development envelope, the
maximum floor areas and floor area milos, and the uses permitted by the Plan on Febmmy 1, 2000, or by this
ordinance, whichever is less, may not be increased.
Rural Density Residential designations may not be changed to a designation which permits more. development.
Section 5. Redesignafion of Urban Reserv~ Area ~rD,,5,~
Areas outside the Urban Growth Boundary desigmted Urban Reserve in the East County Area Plan on February I,
2000, are redesignated Large Parcel Agriculture, subject to the minimum parcel size, density, maximum development
envelopes, building intensity, permissible uses and other restrictions that apply to areas under that designation. The
Urban Reserve Land use designation is deleted from the text, Table I0 and from the Land Use Diagram of the Plan.
Section 6. South Livermoro Vall~y Area Plan
This ordinance shall not supet~:le or change the provisions of the South Livermore Valley Area Plan in the area to
which the plan applied on February 1, 2000. The area to which the Plan applies may be expanded, pursuant to
Program 117, not to exceed I mile beyond the, February I, 2000, boundary, for purposes of attaining the goal in
Policy 302 of 5,000 acres of cultivated agriculture. The maximum density bonus of 4 additional homesites per 100
acres in the Plan may not be increased.
Section 7. Coun~ Housine Oblieations
Nothing in this ordinance shall be applied to preclude County compliance with homing obligations under State
law. To the maximum extent feasible, the County shall meet State housing obligations for the East County Area
within the County Urban Growth Bouncla~. In providing required housing, the County shall protect environmental
values, enhance the quality of life of affected persons, and comply with policies and programs of this ordinance to the
maximum extent feasible.
If State-imposed housing obligations make it necessary to go beyond the Urban Growth Bounda~, the voters of
the County may approve an extension of the Boundary. The Board of Supervisors may approve housing beyond an
Urban Growth Boundmy only if:
(1) it is indisputable that there is no land within the Urban Growth Boundary to meet a State housing
requirement either through new development, more intensive development, or redevelopment; (2) no more
land is used outside the Urban Growth Boundary than is required by the affordable housing necessmy to meet
a State obligation; O) the area is adjacent to the Urban Growth Boundary, or to an existing urban or
intensive residential area; (4) the percentage goals for low- and very low4neome housing in Policy 42 will be
met in any housing approved; (5) there will be adequate public facilities and services for the housing; and (6)
the development shall not be on prime agricultural lands, or lands designated, at least conditionally, for
intensive agriculture, unless no other land is available under this Policy. ·
In no case shall required housing be built on or which protrudes over hilltops or ridgelines, on slopes of more than
20°/~,crifical wildlife habitat, Or within 100 feet ora riparian Corridor.
Section 8.. East Countv Area plan Amendment~
The Alameda County East County Area Plan is amended as follows below. Material deleted from the Plan is
struck out; material added is underlined (except some subsection headings are underlined in the existing Plan).
Unchanged policies, programs and provisions of the Plan m-e omitted from this ordinance.
Policy 1: The County shall identify and maintain a an County Urban Growth Boundary (see-T-a~
amFFigure4) that dc.~,r,~ a~,.; divides areas inside the Boundary. next to existing cities, generally suitable for urban
development from and areas ~ genemtly suitable for long-term protection of natural resources, agriculture, public
health and safety, and buffers between 4mmunities. The'Coun _ty Urban Growth Boundary shall be ~~mwlh
Boundary of the City of Pleasanton sm(ting at its eastern iunction with U.S. 1-580 clockwise to U.K 1-580. w~st to
the boundary of the Ea~ County Areaablan_ north Io the vrovosed western Urban Growlh Bounda~tv of
Dublin on the November 7.~- ele/cfion b~"att,ot to the Alameda-Contra Costa Count~ line. east to the eastern.
boundary of the East Dublin Specific Plan on February 1. 2000. south to U.S. 1-580. east to the city limits of the
Ci[y of Livermore. the v~orth~e'~vLi_vermor, e~_ limits, except where the northern city limits are below U.S. 1-580 the
Bounda~ shall be 1-589. to the eastern ci_ty limits of Livermore. to the proposed southei-n Urban Growth Boundary for
Livermore on the March 7. 2000. election ballot, to U.S. 1-580. and west to the Ci_ty of Pieasanton Urban Growth
Boundary_. (Map. Initiative Appendix D.
;~ ;,,,,,~ ,~, ~,_ ....... , .,,,,~ ,,, den,~ ,ho ~;,,,, beyond v.'.h~ch ",x~an de:,e!cpment ~,~n ,,~, ~o ~, ..... a Tho ~ .... .~,
Policy IA: The County shall identify any urban designations on the Land Use .Diagram (inclusive of
incorporated and unincorporated areas of East County) sufficient to accommodate_oroiected_ growth l~jeeted. ,,,r~-,,~'~'~
v,-~, v,- ....................... ~ ..... J ....... Urban des nations in uninco _rporated areas shall be contained
within the Coun _ty Urban Growth Boundary and shall not be expanded to accommodate lower than planned densities.
Policy 13: The County shall require that development be phased according to the availability of infrastructure and
pubhc services allo~vefl by_ the Initiative. and in conformance with policies of ff, c ~,~,~" '-~,~-,,v ~' ...... ~,,.~* -~ ~'~'~,at which
encourage compact development. -r'h~.... Ccung' shall net adept an a.".r."--2~ grey. th -----~,~---~-~* ...-.';"';' fer deve!cpment
P01icv 14Aa The C0un _ty shall not provide nor authSrize public facilities or other infrastructure in excess'of thai;
needed for permissible ~t~veiopment consistent wilh the Initiative, Thi~ Policy_ ~h011 nol bar 1) new, expanded or
replacement infrastructure necessary to create adequate service for the East County, 2~ maintenance, n~pair or
improvements of public facilities which do not increase camel _ry. and 3'} infrastructure such as ~ipelines. ~n01$, and
power transmission lines which have no ~:x~essive growth-ind~cing effect on the East County area ~nd hav~ permi~
conditions to ensure that no service can be provided beyond that ¢on~i~{ent wilh d~v~lo~ment ~llowed'bv the
Initiative. "Infrastructure" shall include public facilities, c0mmunil3' facilities, and ~11 structures and ~velopment
necessary to the provision of pgbli9 Servi~s and utilities.
Program 9: The County shall work with cities to develop a :',:'bm~er----! Master Plan for public facilities, services,
and amenities for East County, similar to Pleasanton's Municipal Facilities Master Plan. The Master Plan ~
address the potential for shared use of public facilities, such as joint use of neighborhood parks and school
playgrounds.
Residential Uses
Goal: To provide an adequate ~upply ---"':--'"~' '-- ~ ~--: .... ~ '
of ................. ,s ..... houstng in a range of densities to meet
State requirements, to accotnmodate pro_iected hqusing growth consistent with this Plan j-- ,,~, and to
respond to the needs of all income groups.
Policy 37: The County shall require a phasing plan for .--.ajer residential projects ara .M---jet Ne'.'.' U~an
De'~;clopmc="-~ w,-,- -~./ ............. Tc. blc ;1 that determines when affordable housing =ult:'pl¢ family units (including
very-low, low-, and moderate-income u-dm) will be built in each .--.mjer residential project. The 'intent cf ~e phasing
plan shall ",z to ensure that the majority of multiple family and affordable housing units are not postponed until the
final phases of development Affordable units shall be reasonably di _spersed throu~out the pro_iect. The County'shaI1
work with cities to require the same policies within incorporated areas.
Policy 42: The County shall work with cities to attain the Association of Ba_g Area Go¥~mments At3A-G regional
housing share goal (established in the County Housing Element for East County) of 21 percent moderate-income, 15
percent low-income, and 21 percent very loTM income housing units throughout East County.
Policy 43: The County shall require each residential and non-residential project to contribute to meeting the
housing needs of very Iow-, low- and moderate-income households (see defitiition in Table
developments of 20 or more units, whether for rental or sale. must include and maimain affordable housing units,
Develo~m may choose the percentage of affordable housing units depending on the de~eree of affordabilitv provided:
either 10 percen! very Iow income. 15 ~cent Iow income, or 20 percen~ moderate income, or a fra~ion or,ach of
these adding to I. Affordabili _ty must be permanently ensured through deed restrictions.
4
Program 13: The County shall adopt an ordinance establishing a low- and very Iow-income housing fee to be
applied to all new tmincorporated market rate housing and non-residential development that do not directly provide
their fair share of housing unde? Policy 43. For residential development, lhe fee shall aim generally at coverin~ the
cost of providing a fair share of Iow and very Iow income housing, not otherwise provided, pro_t~onionate to the size of
the development Non-residential development fees should be related to the affordable housing needs that can
reasonably be attributed to the development. Payment of the in-lieu fee shall be made prior to the issuance of an
occupancy_ certificate.
Industrial/Commercial/Office Uses and Economic Development
Policy 48: The County shall work with cities to designate an adequate, but not excessive, supply of land for
lmBapv¢
industrial, commercial, and office development to meet the East County needs consistent with the ' ' ' ~'~'
Community Facilities
Policy 55: The County shall promote the location of community facilities near major transportation centers and
within existing city downtown areas ~.a ....... a ....... ;, ..... '°"~ (se .r.,.~o~ ~ ..,~ ~
General OPen Space
Policy 60: The County shall require ail new developments, including '~ ........ ~,;-" ~
,.,.,.o,.. ~ ...... ,,., to dedicate or acquire land for o~n m_ace and~or pay equivalent in-lieu fees'~,,, ,..,.'"'~ ,,~,,.,,,.,,o. ~' '~ -~"~ '",..,,.,,v ...... ""~",-,~,,
o_. ~ · ~.n .- .... .lyNch shall I~ committed 1o o~en since land acouisition and mana~,ement and shall encourage the
cities to impose similar open' space requirements on development in incorporated areas. De.led
(e.g., s~cLfic ,,~.o~ ..... i,~,~ c ..... h ,,h~,. ef.Majer Ne,.'., U~2n De:,e!opmen~ .h~, ~.,..,ao
Program 2lA: The County shall work with East County cities to: (I) develop a comprehensive open space
preserVation program, ~ ~.a .... °~;fle the ~ ~'~-- n .... ,,g n .... ,~.., ;.,.u,a;...~.a .~,~,~ ,,c,~,, ~ ~,~.. ~ ..... ,~,
~--~n"""~"" ............ ;. ~a,~,-,~ ~; ........ ....-.. ~ es~b!~d ~ze~gqYpmg-mm !A,2 establish priorities, and identify feasible
mechanisms for acquisition or dedication of land in open space areas .~vithin 2 years of the effective date of the
,~ .... ~ ..... , ;,. ,~. c~ ~- .... ,., r ................. *;"- In addition to impact fees on new urban development,
the program~ aha'ald ¢c,r.~idcr other land acquisition techniques including dedication of easements in
remm for development rights and/or bonuses, transfer of development credits, and bonds Or other fees/funds for land
acquisition.
A_m-icultural Suooort Sen, ices
Policy 81A: In areas desienated Large Parcel Agriculture. the Coun _tV shall permit a_ericultural orocessim, facilities
(for example wineries, olive presses~ and limited agricultural support service uses that _~fimarily support Alameda
County aericulture, are not detrimental to existing or potential aericultuml uses. demonstrate an adequate and reliable
water suoply, and comply with the other policies and pro_crams 0f th~ IllJfiativ~,
Policy_ 85: In areas designated Large Parcel Aericulture. the County shall i~rmit limited agriculture enhancine
commercial uses that primarily support the area's agricultural 9roduetion. are not detrimental to existing or potential
a_m'icultural u~. demonstrate an adeq~ote and reliable water supply, and comply wilh other policies and ~rograms of
the Initiative. -
Williamson Act Contracts
Policy 89: The County shall not approve cancellation of Williamson Act contracts within or outside the ~oun _ty
Urban Growth Boundary except where findings can be made in accordance with state law. and the cancellation is
consistent with the tiative.
....... v ...................... ~. In no case shall contracts outside the Urban Growth Bounda _fy be cancelled
for pu _rposes inconsistent with a_ericultuml orpublic facili _ty uses. Prior to canceling any contract inside the County
Urban Growth Boundary_. the Board of Supervisors shall _specifically find that there is insufficient non-contract land
5
available within the Bounda~ to safis~ state-mandated housine requirements. In makine this finding, the Coun _ty
shall consider land that can be lmade available through reuse and mzoning of non-contract land.
*J~ Gro~h B standing' from agficult'~ ~(see Po~iG, l D.
ne~ommcte~ lan~ er. a s,abmgfee~2
Rural Development
Policy ¢3 99A: Outside the Urban Growth Bounda~ the County shall may approve divisions
parcels only ',vhcn to the extent consistent with the InitTative, and_ if applicable, the criteria set forward in Tabl~ 9,
Standards for Subdivision and Site Development Review for Agricultural Parcels are met. In evaluating a subdivision
application, the analysis shall -~?,c,'ald assume that each parcel includes a building envelope which could be developed"
with a residence (even ifa residences are is not proposed as part of the application).
e:-_,~ ~_:,.. Clusterin~
Program 36: Notwithstandin~ any other provision of the Initiative. the County may permit residential and other
structures allowed on a parcel or adjoining mrcels on land designated Large Scale A~ficulture. Resource Management'
or Water Management Lands on Febmaw 1. 2000. or by the Initiative2 to be clustered on one or more of the parcels
on adjacent development parcels not to exceed 2 acres each. No additional residential units may be built as a result of
clustering, except a bonus of one residential unit for each 5 residential units clustered may be ~rmitted.
For each residential unit clustered.' an area ~ual to the minimum parcel size otherwise applicable to the _mrcel from
which the unit was derived minns the area of the clustered parcel shall be protected permanently from ftu'ther
development, exce_~t for a_m'icultural structures necessa~_ for llgrieultun~l use. by dedication of a conservation easement
on a single, continuous area to Alameda Count, or by other comparably effective means.
Except as provided in this prom. all clustering ~;hall ¢omvly wilh the provisions oftI~ Initiative. Care shall be
taken in mrmittin~ clustering not to impair existing or mtential agricultural uses. water auaIi _ty. or environmental or
visual values. Consistent with those re~_uirements, clustering shall be cordigured to maximize the amount of
conti~ous agricultural acreage.
........ ,j .... amc,,,, The Zomng Ordinance ......... ~ A-160 (Agriculture -
160-acre minimum pamel size) District and the an "A-320" (Agriculture - 320-acre minimum parcel 'size) District.
The "A-i60" (Agriculture -160-acze minimum parcel size) District shall cover thc following area~: the Wind
Resource Area (see Figure 4 - Open Space Diagram), except lands easterly of the California Aqueduct, and lands to the
south of Tesla Road that are within one mile of Tesla Road between the San Joaquin County boundazy and the South
Livennore Valley Plan Area, ~ d~.fi~d k". F!g-.:'m 4. The "A-320' (Agficultme - 320-acre minimum parcel size)
District shall cover lands located generally to the south of the following boundaxy: parallel to and one mile south of
Tesla Road from the San Joaquin County boundary to the South Livermore Valley Plan Area; the southern boundary
of the South Livermore Valley Plan Area; parallel to and one mile south of Vallecitos Road from the South Livermore
Valley Plan Area to the intemection of the one mile line with the northern boundary of San Francisco Water
Department lands surrounding San Antonio Reservoir, the northern boundary of the San Francisco Water Department
lands to the north/south section line directly west of San Antonio Reservoir, a line following the north/south section
line to its intemection with Calavems Road; and the northern boundary of the East Bay Regiona! Park District
property located between Calavems Road and the western boundary of the East County planning area. :I:tae~aendm,~
6
to qThe Zoning Ordinance shall include "grandfather clause~,"-as-appf~pfia~, to recognize the lfgal fights of property
own~r~ ,,m~, ~;~ ..... ;~ ~.m~; ..... ,~,.~ ..... '" Lands rezoned to "A-160" and A-320" shall maintain the
designations shown on the East County Area Plan Land Use Diagram..The ".s. _~_.r.n,, -.-""'~ ,, .a..'Yin"~. ------o"""~"" d~igwE~n
.............. .~ ....... (See. gencr'011y. Initiative Apvendix I an~t 2,)
Program 40: The c~ ....... t~,, .... .~
..... v ............... Zoning Ordinance and Subdivision Ordinance ~o shall specify that the
100 acre minimum parcel size permitted for the "A-100" (Agriculture - 100-acre minimum parcel size) District, the
160 acre minimum parcel size permitted for the "A-160" (Agriculture - 160-acre minimum parcel size) District and the
320 acre minimum parcel size permitted for the "A-320" (Agriculture - 320-acre minimum parcel size) District are
minimums and that the actual size of agricultural parcels shall be determined through an evaluation of individual
circumstances of the property and surrounding land and may be larger than 100 acres in the "A-100" District, 160
acres in the "A-160" District or 320 acres in the "A-320" District (see Table 9). Exceptions to these minimum parcel
sizes may apply, l~nd~I v,'i'&in the South Livermore Valley Plan, aa
_t o,~:. pla~% in the North Livermore Intensive Agriculture Area, and where clustering of homesites is allowed under
the Initiative,
P, idgelines
Policy 106A: Structures may not be located on ridgeling$ o.r hilltops or where they will project above a ridgeline
or hilltop, as viewed from public roads, trails, parks and other public viex _vpoints. unless there is no other site on the
parcel for the structure or on a contiguous parcel in common ownership on or subsequent to the date this ordinance
becomes effective. New parcels may not be created that have no building site other than a ridgeline or hilltop, or that
would cause a structure to protrude above a ridgeline or hilltop, unless there is no other possible confi~ration.
Policy_ 107A: To the extent possible, including by clustering if necessary_, structures shall be located on that part of
a parcel, or on confimous parcels in common ownership on or subsequent to the date this ordinance becomes
effective, where the development is least visibleto persons on public roads, trails, parks and other public viewpoints.
This policy does not ipply to a_ericultural structures to Ibc e~¢nt it is uecessa~ for a_ericultuml pu _rposes that they be
located in more visine areas.
Policy 113A: In all cases appropriate building materials, landscaping and screening shall be required to minimize
the visual imnact of development. Development shall blend wilh and be subordinate to the environmem and character
of the area where located, so as to be as unobtrusive as nossible and not detract from the natural, open space or visual
qualities of the area. To the maximum extent practicable, all exterior lighting must be located, designed and shielded
so as lo confine direct rays to the parcel where the lighting is localed.
Alteration of Landforms
Policy 113B: To the maximum extent poss~le, development shall I)~ located and designed to conform with rather
than change natural landforms. The alteration of natural toPOgraphy. ¥~g~tation_ and other characteristics IPV grading_
excava6ng, filling or other development activity shall be minimize;1. To the extent feasible, access roads shall b~
consolidated and located where they are least vis,lc from public viewpoints.
Solid Waste and' Hazardous Waste Facilities
Goal: To etrY'tre provlde sufficient long. term landfill capaclty for County residents, without imt~edin~
"achievement o£ the re~_ cllng goals in the Count. Charter, and to ensure the compatibility of sqlid waste
facilities and adjacent uses.
Policies
Policy 141: The County shall ooordinate~v-i~ame,4° Co"--..~, Wa_~te -Mav-°gement Authefi~ *-e provide for
minimum state reouirements for landfill caoacitv. ~ .... : ....... ~ ....... ~ar:- .... :....,~ .... ,. ~_n,.:., ...... :~
............. ",Il.tar, ...... Permits for new landfills or landfill expansions shall be limited to 15 years' capacity~
except to the extent a longer period is necessary to meet State standards. "Capaci _ty" for ex_vansions shall be
determined by disposal of waste from within Alameda County_ and San Francisco Ciw and Court _ty in the landfill
during the year prior to filing the permit application multiplied by the p~rmit period or bv the aYerage annual disvosal
of waste from within Alameda Court _ty and San Francisco in the landfill over the 5 year period preceding the'
7
application multiplied by the permit ~riod. in either case 1o be adjusted pro~rtionately by the Recycling Board's
estimated percentage increase or deereaseof solid waste generation in the County during the permit period. "Capacity"
for new.landfills shall be determined from then existing or reasonably projected contracts Io use the new facility for
waste generated within Alameda County and San Francisco during the permit period_ again adjusted by the Recycling
Board's estimated changes in solid waste generation. The Coun _ty shall approve no new facility or ex_mnsion which
would im~de achievement of landfill diversion goals according Io the Recycling Board schedule. Nothing in this
Policv or the Irfitiafive shall alter or affect the terms of the Altamon! Landfill Expansion Settlement Agreement of
December 5. 1999.
Quarries and Regionally Significant Aggregate Resource Areas
Policy 144: Except to the extent required by State law. no new quarry or other open-pit mine may be approved by
the County outside the Urban Growth Boundary. unless approved by the voters of Alameda County. Excavation
adjacent to an existing quarry_ site and on the same or 0n adjoining parcel shall be regarded as a new quarry_.
Policy_ 144A: The quarry_ currently planned by the San Francisco Public Utility Commission in the Sunol area
should not be established. If despite Policy 144 the qt!arry., goes into operation, the County shall p6rmit no related
industrial or manufacturing uses. notwithstanding any other provision of the Initiative.'
Description of Land Use Designations
· Rural Density Residential allc~;vz,,~,"-- ,.,,.,,.,,m.o"---:°:~- ,~,hr",, ,~,,, I ur, it per acre. No oarcel, may_ be created under this
designation which is less than 5 full acres. No more thhn 1 residential unit. vlus any oermissible seconda _ry unit. may
be permitted on a _marcel. Except for infrastructure Under Policy 14A. all buildin~ shall be located on a contiguous
development envelope not to exceed 2 acres. Residential and residential accessory buildings shall have a maximum
floor space of 12.000 square feet, This designation permits provides single family detached homes, secondary
residential units, Iimited agricultural uses, punic and quasi-public uses, and similar and compatible uses. T~
m;,,; ........., ~,,, ~,, .... a r .....,;,.,,, ...... ~ .... ;,h;, ,h;~ des!g-'rotten ,.v~! be dete..-vSned ....... hy -o*e
Large Parcel Agriculture requires allc,-,a'a for a minimum parcel size of 100 acres, except as provided in Programs
39A and 40, and a, The maximum building intensity for non,residential buildings shall be .01 FAR (floor area ratio),
but not less than 20.000 square feet. Where ~rmitted. greenhouses shall have a maximum intensi .ty of .025.
....... ppe':"g gr..,',,*, ......... ~' ...... : .... ~.,.;,.~:~,. :.,,..,~;,., ,.~, , ~ .,,, ..... a One single family home per
Parcel is allowed provided that all other County standards are met for adequate road access, sewer and water facilities,
building envelope location, visual ~ ¢c,,'npati~i.'ity, and punic services. Residential and residential acgesso _fy
buildings shall have a maximum floor space of 12.000 squaw feet. Additional residential units may be allowed ffthey
are occupied by farm employees required to reside on-site· 'Apart from infrastructure Under Policy_ 14A. all buildings
snail be Iocated on a confi~ous development envelope not to exceed 2 acres, except they_ may be Iocated outside the
envelo~ if necessary for security reasons or. if structures for a_ericultural use. nece~ _fy for a_ericultural use. Subject to
lhe provisions of the Initiatiye. this des uafionpermits prc;,'id~ for ........... v ,,~, ....... ~ ....... ,~,
(for example wineries, olive presses), limited agricultural support service uses (su¢l, a~ ~ba,'~ animal feed
facilities, silos, stables, fy'Mt :°-.._-.'~, and feed stores), secondary residential units, visitor-serving commercial facilities
(su~l~,~itt~ by way of illustration_ tasting moms. fruit stands, bed and breakfast inns), recreatioual uses, public
and quasi-public uses, soid waste landfiUs and related waste management facilities, quanies, windfarms and related
facilities, utility rn,~idn~ ^,~,,- ;,,a,,ot,4.a .......... ~d.~,~ ¢ ..... , ........ a a_~_te..,xvJned to be compatible
,,r~,,-,,-,,,-,.,"'-:-""'-- and sumlar ....... ,v ....uses commtible_ with agli~ulture, e_~_:_, ,,
~- -~-,':---.* :- ,,o .... ,. ·: ....... *,-,:-: ....... ,.- --., -e ,,.:. pla ntp
................................................ n. Differe rovisions may anolv in the South
Livermore Valley Plan Area. or in the North Livermore Intensive Agriculture Ama.
Resource Management requires al'lo-,va for a minimum parcel size of 100 acres and a maximum building intensity
for non-residential uses of .01 FAR. but not less than 20.000 square feet c'x¢cpt in
. .... ..~_; .... ...... *,,,;~,~;,.g. _ .... ---------~;""'"~;~" .,r~.. :. is ~!c::'eA. On: single family home per parcel is allowed provided that all other
County standards are met for adequate road access, sewer and water facilities, building envelope location, visual
~ ..... v ..... ,j, and public services. Residential and residential accesso _fy buildings ~lmll have a maximum
8
floor space of 12.000 square feet. Apart from infrastructure under Policy_ 14A. all buildings shall be located on a
confi~oug development envelo~ not to exceed 2 acres, except they_ may be located outside the envel6~ if necessa .ry
for securi _fy reasons or. if stmcnures for a~cultural use. necessary for a~riculmral use. Subject to the provisions of the
~ this designatio~ provides-for agricultural uses, recreational uses, habitat protection, watershed
management, public and quasi-public uses, areas typically unsuitable for human occupation due to public health and
safety hazards such as earthquake faults, floodways, unstable soils, or areas containing wildlife habitat and other
environmentally sensitive features, secondary residential units, active sand and gravel and other quarries, reclaimed
quarry lakes, and similar and compatible uses. Sand and grovel quarries allow a range of uses including sand and
grovel processing, associated manufacturing and recycling uses requiting proximi _fy to quarries, ~eclamation pits, and
public use areas. This designation is intended mainly for land designated for long-term preservation as open space but
may include Iow intensity agriculture, grazing; and very low density residential use.
Water Management Lands allows for a minimum parcel size of 100 acres and a maximum building intensity of
.01 FAR. One single family home per parcel is allowed provided that all other County standards are met for adequate
road access, sewer and water facilities, building location, visual ......
..... v ..... ,.~ protection, and public services.
R¢~i0ential and residential accessory uses shall have it maximum flo0r s~ce of 12.000 square feet. Apart from
infrastructure under Policy 14A. all buildings shall be located on a conti_m~ou$ development envelope not to exceed 2
acres, except they may be located outside the envelope if necessa _ry for securi _ty ~:asons or. i~' structures for a_m-icultural
use. necessary for agricultural pumoses. Subiect to the provisions of the Initiative. :Fihis designation provides for
ac, live sand and gravel quarries, reclaimed quany lakes, watershed lands, arroyos, and similar and compatible uses.
Sand and gravel quarries allow a range of uses including sand and gravel processing, associated manufacturing and
recycling uses requiring proximity to auarfies, reclamati.on pits, and public use areas ....
m~,2.s~. Note: See individual reclamation plans for specific uses, planned public access, development, and quany areas.
Quarry lakes currently are used for quarrying operations as an interim use and are not open to the public but may be in
the future. Watershed lands generally are not open to the public but serve as passive open space and are protected from
development. Arroyos are typically used for flood control and may be accessible for public use.
General Transportation
PoliCY 166: The County shall adhere to provisions of the Regional Transportation Plan, Countywide
Transportation Plan, and County.Congestion Management Program, insofar as they are not inconsistent ~;ith'the
Initiative.
Policy 185A: The County shall promote """"'~"";';"ovve ......... (1) te de:,e!ep trunkline transit service to serve local trips
b~.tvat.~n ~',1,',,' XT .... I 1.4-,.,., r~ .... ! ..... .~- molnnal itah c6nters, major shopping areas, Las Positas College, major
recreational destinations, South Livermore Wine CounUy, the North Livermore Intensive Agriculture Area. and East
Dublin BART, and (2) !e ...... ~ feeder transit service between East Dublin BART stations and major East County
job centers to facilitate commuting from west Alameda County.
Solid Waste Facilities
Policy 230: The County shall conform its solid waste policies and pro_m-ams to the Recycling Plan prepared by the
Re~wcline Board. and ge~lemlly coordinate its hazardous and solid waste manaeement --~-": ...... ':" ~-" '- .... " ....
...... · ,~,,,o ....... v .... ~ w~th the Alameda County Waste Management Authofity's goals, policies, and plans,
~xcept to the extent that they are ineonsiste'nt with the Initiative or the Recycling Plan.
Water
Policy 235: The County shall encourage Zone 7 to pursue new water supply sources and storage facilities only
lo the ex-lent necessary to serve the rates and levels of growth established by the Initiative and by the.general plans of
the cities within its service
Policy 236: The County shall approve new development 0nly u_non coating, erg c,n verification that an adequate,'
long-term, sustainable, clearly identified water supply can will be provided to serve the development~
Policy 239: The County shall discourage water service retailers from constructing new water distribution
infrastructure which exceeds future water needs based Ohs.level of development consistent with the Initiative. the
9
North Livermore Intensive Agriculture
Policy 301A: fl) The pu _rpose of this Poli~ is to ~rmit and encourage cultivated agriculture and to preclude
urbanization in the North Livermore area. without unduly impairing the o~n. natural qualifies of the area.
(2) In the area demarcated by Dublin's Sphere of Influence boundary on February 1. 2000. the County Ufoan
Growth Bounda _ry in North Livermore as established by tile Sav~ Agriculture and Open Space Lands Initiative.
Dagmino Road extended north to the Alameda/Contra Costa Coun[y line. and the Coun _ty line. 20-acre minimum
parcels may be created as a densi _ty bonus exception to the larger minimum parcel size that otherwise would be
applicable. Before any of these subsize ~arcels may be created, the Board of Supervisors shall hold public hearitlgs and
prepare and certify an environmental im~ct report and economi~ analysis for the demarcated area with res~¢t to the
creation of the parcels and their use for cultivated agriculture. The Board of Supervisors must find for all or a
significant part of the demarcated area (D that there will be an adequate, sustainable, safe supply of water for projected
cultivated agriculture and other uses: (2) that cultivation and irrigation will not cause significant harm to groundwater.
soik biota, or other environmental qualities: and (3) that the par3els, with cultivated aeficulmre, will be economically
viable before it may permit the creation of subsiZe parcels in those areas. The Board shall establish standards to
prevent unnecessary or unjustifiable harm to the environment, including visual oualities, under this Policy_.
(3) A parcel authorized bv this Policy shall be allowed only if an adequate and -mXrmanent aericultural water supoly
for permissible irrigation and other uses has been demonstrated for the parcel and for any. remainder parcel that would
be smaller than the otherwise applicable minimum mrcel size. An adea_uate and permanent water supply shall be
deemed demonstrated ff a valid contract exists with an irrigation district, water aeency or the Ci _t'y of Livermore for
necessary_ water, or water e, _xperts testi _fy that an adeo_uhle and l;~rmanent exoundwater supply is assured. Groundwater
shall not be regarded as an adea_uate suoply if its use would violate any person's legal right to water. A parcel may
not be created unless 90% of the parcel has a slope of 20% or less. Parcel boundaries shall be drawn to maximize '
productive use for cultivated agfictllture:
(4) Parcels may not be created under this Policy unless owners transfer to a land trust a conservation easement that
effectively and permanently bars any development not permitted by this Policy. Owners shall contract with the
Coun~ and the land trust, under the easement, and r)rovide a bond or other appropriate ~mmrantee. that when water is
available the?' will plant and maintain for 8 or more years a cultivated agriculture crop on the portion ora _tmrcel which
may be irrigated, except on a development envelope not to exceed 2 acres. The easement, with its terms and
undertakings, shall be duly recorded and shall be binding on the owners' successors and assigns. If parcel division
results in any remainder parcel smaller than the othenvise applicable minimum parcel size. that parcel also must be
subiect to a conservation easement with a contmct'and cmamntee as sneeified above in this paragraph
(5'~ If no' appropriate land trust is aVailable, an agricultural land trust shall be created bv Alameda County. It shall
be an independent nonprofit co _morafion qualified under State law to re~:eive conservation easements. The trust shall
have 7 directors: 3 shall be appointed by the Alameda County Board of Su~rvisors. 3 by the Ci_ty of Livermore. and
I by the other members of the trust. If the Ci_ty of Livermore fails to appOint any_ of its trustees within 3 months of a
vacancy, the Alameda Count3, Board of Su_nervisors shall appoint them. The County. the City_ of Livermore. parcel
owners, and environmental and other communi _ty' _m-ouns shall be represented on the Board of Directors. The existing
or new trust's operations under this Policy shall be financed, lo the eh'l~llt need be. by the Coun _ry. The Coun _ty shall
lew a fee on parcels created under this Policy to defray the costs. The trust shall monitor and may enforce owner
contracts to plant and maintain areas in cultivated a_ericulture. The panel of e _xperts established in Section 18 of the
Initiative shall also review the cultivated a~ficulture, and suggest practices which will enhance its viabili _fy and
minimize its environmental impa$ts.
(6') One residence and residential accessory_ buildings maybe built on each 20 acre or larger parcgl sreated under
this Policy_ south of May School Road and a line extended straight west and in Doolan and Collier Cam, ons. No.
residence or other non-a~ricultural structure is allowed on a parcel created under this Policy in the remainder of the
area demarcated in para_re'apb (2'}.
(7) Land may not be cultivated or irrigated ii'the slo~ is greater than 20%. or to the extent that cultivation or
irrigation would have a significant adverse effect on an environmentally sensitive area. Environmentally sensitive areas
include but are not limited t~ any area which is critical habitat for endangered or threatened s~t~cies, weflands~ rinafian
corridors and other land with im_rmrtant environmental'valnes.
I0
(8) Limited agriculture-enhancing commercial uses (for example, fruit stands, samoline moms. restaurants and bed
and breakfast establishments'} may be permitted in the intensive a-miculmral area: provided that the use is function~Ily
related to and will promote agricultural products _mown or processed in Alameda County: the use is compatible with
aericultural production: ther~ is an adequate and reliable water supply that does not significantly diminish the
availabiii _ty of water for agricultural use or violate any person's water riehts: all potential conflicts with surrounding
a-micultural uses and environmental impacts are mitigated to the satisfaction of the Countv: and the use will not creat~
a concentration of commerc, ial uses.
(9) All residential, agricultural (including wineries, olive presses and other processing facilities) and other
buildines shall be located within a 2 acre contiguous development envelope. Subject to environmental constraints.
development envelopes shall be located to maxirrliz~ cultivated a_ericulture productivi _ty. Wherever pmcficable.
development envelopes shall be clustered on one or more parcels in an area co_ual to 2 acres multiplied by the number
ofenvelopes clustered. The floor area for all nonam'/culturaI buildings, except restaurants, shall not exceed 12.000
square feet: the floor area ratio for agricultural and agricultural processing buildin~ shall be .0 I. but not less than
20.000 square feet. Bed and breakfast establislmlgl~ts shall be located in owner occupied buildings. In all cases, siting
of development envelopes and structures shall be controlled so that views from roads, trails and other public places are
not substantially blocked and to minimize envir0nmcntal harm.'
(10~ The Coun[y shall establish a trail ~stem in any intensive agriculture area to foster public enjoyment of the
open space. As a condftion to approving subsize parcels authorized bv this Policy_. the County shall require a trail
(1 l/Unless contradicto _ry to this Policy. general Coun~ development and building stand:~rds and fees shall apply
to the p~cels created under this Policy_. includine but not limited to those relating to utilities, waste disposal, health_
safe _ty. building codes, site and structure design_ earth moving, landscapine, visual protection, and historic site and
structure preservation. No structures may be located on rideelines or hilltops or so that they protrude above ridgelines
or hilltops contra_v,, to Policy 106A. nor'within 100 feet of riparian corridors, in Federal Emergency Management
desi_m~ated floodplains, or where they will have a significant adverse effect on an environmentally sensitive area as
defined in pam-maph (7).
South Livermore Valley Vineyard Area Expansion
Policy 302: The County shall encourage the expansion of cultivated agricultural, particularly viticultural, use
in the South Liverraore Valley from the current 2,100 acres to the maximum acreage possible ~
delimited in Section 6 of the Initiative. with a minimum acceptable level of 5,000 acres.
Program 117: The County may expand the Vineyard Area not to exceed I mile beyond the South Livermore
Vallev Area Plan boundaw on February.. 1, 2000, .for. purp01;e$.of seeking to attain the goal in Policy 302 of 5000 acres
of cultivated'a~riculture._ upon landowners request, provided that the. expansion' area o- ,.,,,,,~,~,,.~-'~:" ....... ,,,-,.,,; ,,, ......... ~,,,-v ,,,~
~. ___~ meets the following criteria:
a. It is contiguous to the existing Vineyard Area boundary.
b. It contains at least forty acres less than 25% slope.
c. The applicant demonstrates the ~.. area s significant agricultural potential.
d. The applicant submits a Planned Development (PD) District application satisfying the Vineyard Area criteria in
Programs 115, 116, 118, 120, 121, and 123 abe:'e. (Appendix 8)
Section 9. Deletions from the East Count, Area Plan
Existing Policies I0, 11, llA, liB, 15, 21, 23, 23A, 23B, 24, 25, 25A, 27, 28, 29, 30, 8lA, 85, 99, 144, 148,
202, 226, 245A and 282A, Programs 1, IA, 9A, 9B, 36, 137 and the description of Urban Reserve are hereby deleted
from the East County Area Plan. These policies, programs and texts are set forth in full in strikeout type in Appendix
3.
Section 10. ~
The following definitions are added to Table 1 of the East Co'unty Area Plan:
"Development" means the placement or erection of any solid material or structure; construction, recoustmction or
alteration of any structure; ctumge in the density or intensity of any. use of land, including any division o£ land;
11
grading, removing, extraction or deposition of any materials; and disposal of any waste. "Structure" includes but is -
not limited to any building, greenhouse, tower, utility line.
"Initiative" means the Save Agriculture and Open Space Lands Initiative submitted to the Board of Supervisors in
2000.
Section 11. Tables in East County Area Plan Appendix
(a) The County, as soon as practicable, shall bring the projection estimates in Tables A-l, 3 and 5, and the reader-
assistance summazy in Table 14 into accordance with the East County Area Plan as amended by this ordinance.
(b) In Table 1, the del'tuitions of Community Centers, Major New Urban Developments and Urban Reserve, which
are included in Appendix 4 in strikeout type, are deleted.
(c) The Def'mitions in Appendix 4 which are not deleted and ihe Standards in Table 9, Appendix 6, are hereby
enacted. (Appendix 1, 2, 7, and 8 are not enacted by tlfis ordinance, but rather are included for reference.) (d) Tables 6, 7 and 8 a?e deleted (see Appendix 3).
(e) In Table I0, Appendix 7, a maximum floor area of 12,000 square feet is added for residential and residential
accessory buildings in Rural Density, Large Parcel Agriculture, Resource Management, and Water Management
Lands; the floor area ratio (FAR) in Large Parcel Agriculture and Resource Management is changed by adding a
minimum of not less than 20,000 square feet. For Rural Density the Allowable Gross Density is changed from less
than 1 mt/acre to 5 acre minimum parcel size, and Typical Uses from 1 '- I00 acre to 5 acre or less.
Section 12. Withdrawal from North Livermore Joint Planning Agreement
In view of the provisions of this ordinance, the County hereby withdraws from'the joint planning Settlement
Agreement of July 18, 1995, between the County, the City ofLivermore, Shea Homes Limited Partnership and
Jennifer Lin. Responsible County officials shall give appropriate notice of this withdrawal to the other parties to the,
agreement.
Section 13. Castro Valley and Palomares Canyonlands
The Castro Valley and Palomares Canyonlands, for purposes of this ordinance, are an ma demarcated on February
1, 2000, by the eastern city limits of the City of Hayward, north to the Urban Area Boundary in the Fairview Area
Specific Plan of Sept. 4, 1997, to U.S. 1-580, east to the eastern, northern, and western boundaries of the Palomares
Hills development (Assessor's Designated Parcels 85-A-1645-7, 85A-1650-1-I, 85A-1600-5, 85A-160044, 85A-
1600-3, 85A-1600-2, 85A-1550-2-8, 85A-1600-6, 85A-100-5, 85A-100-4-2, 85-5100-5, 85-5100-4-2, 85A-1-18,
85A-1-7, 85A-1-8), to Crow Canyon Road, south to the intersection of Coldwater Drive, to the eastern and northern
boundaries of the Greenridge development and the northwestern and western boundaries of the Briar Ridge
development (Assessor's Designated Parcels 85-1600-2-74, 85-1600-2-58, 85-1600-3-2, 85-1400-4-8, 85-1400-6, 85-
1510-10-3), to Cull Canyon Road, south to Heyer Avenue, to the boundaries of the Columbia development (Cull
Canyon Regional Recreation'Area and Assessor's Designated Parcel 85-1200-1-7), to the boundary of East Bay
Municipal Utility District watershed lands (Assessor's Designated Parcels 84D-1400-2-28, 85-1000-2), to Redwood
· Road, to the eastern boundaries of Anthony Chabot Regional Park and Redwood Regional Park, to the Alameda-
Contra Costa County line, east to the boundary of the East County Planning Area, south to the city limi.'ts of Dublin,
west to the bounclmy of the Ea~ County Planning Area, south to the city limits of Fremont, west to the city limits of
Union City, north to the city limits of Hayward; and an area commonly known as Chabot Terrace (Assessor's
Designated Pamela 79-100-1, 79-100-2, 79-I10-I, and 79-110-2) (See Map, Appendix 1). Listed Assessor's
Designated Parcels are fully included in the demarcated ma.
These Canyonlands are subject to the same restrictions'with respect to minimum parcel size, 'amount and nature of
development, development envelopes, floor area ratios and maximum floor areas, and permiss~le uses as are imposed
in the Resource Management Description of Land Use Designations in the East County Area Plan. In addition
Policies 81A, 106A, 107A, 113A, lI3B and 236, and the provisions governing clustering in Program 36, of the East
County Area Plan shall apply to the canyonlands. Policy 144 of that Plan shall apply without regard to Urban Growth
Boundaries.
Section 14. General Plan O~n Space Elemen! Amendment
The Open Space Element of the General Plan is amended to read as follows:
AgriCUltural Open Space
There are two agricultural open space areas indicated in the East Bay ridge. One is immediately north and south of
Interstate 580, east of Castro Valley and Palomares Road, the other in the Mission Pass-Andmde Road area. General
Plan agricultural open space in adjacent Contra Costa .and Santa'Clara counties in the vicinity of the Alameda County
boundary is indicated as "bonowed agricultural .open space" on the county open space plan. Agricultural open space
in the East County area is shown on the East County Area Plan Open Space Diagram.
12
In the Castro Valley and Palomares canyon(ands in an area de~llarca~vd on February_ 1. 2000. by the eastern ci_ty
limits of the Ci_ty of Hayward. noah to the Urban Area Bounda _ry' in th~ Falrview Area Specific Plan of Sept. 4. 1997j
to U.S. 1-580. east to the eastern_ northern_ and western boundaries of the Palomares Hills development CAssessor's
Desi_mmted Parcels 85-A-1645-7. 85A-'1650-I-I. 85A-1600-5. 85A-1600-4-4. 85A-1600-3.85A-1600-2.85A-1550-2-
8. 85A-1600-6. 85A-I00-5.85A-I00-4-2. 85-5100-5. 85-5100-4-2. 85A-I-18.85A-1-7. 85A-1-83L tO Crow Canyon
Road. south to the intersection of Coldwater Drive. to the eastern and northern boundaries of the Greenridge
development and the north~vestern and western boundaries of the Briar Ridge development (Assessor's Desi_m'kated
Parcels 85-1600-2-74.85-1600-2-58.85-1600-3-2.85-1400-4-1~, $5~1400-6.85-1510-10-3'}. to Cull Canyon Road:
south to Hever Avenue. to the boundaries of the Columbia development (Cull Canyon Regional Recreation Area and
Assessor's Designated Parcel 85-1200-1-7'}. to the boundary of East Bay Municipal Utili _ty District watershed landg
(Assessor's Designated Parcels 84D-1400-2-28. 85-1000-23. to Redwood Road. to the eastern boundaries of Anthony_
Ctmbot Regional Park and Redwood Regional Park. to the Alameda-Contra Costa Court _ty line. east to the boundary_
of the East Court _ty Planning Area. south to the city limits of Dublin. west to the boundary of the East Coun .ty
Planning Areal south to the city limits of Fremont. west lo the ci_ty limit5 of Union City. north to the ci_ty limits of
Hayward: and an area commonly known a5 Chabot Ten'ace (Assessor's Designated Parcels 79-100-1.79-100-2.79-
i 10-1. and 79-I 10-23 (See Map. Ar>pendix 1. Save Agriculture and Open Space Lands Initiative3. those areas which
were categorized in this Element as Agricultural Open Space on February 1. 2000. are subject to the restrictions on
minimum parcel size. development and permissible use in {he Resource Management Description of Land Use
Designations in the East Coun _ty Area Plan. They are also .subject Io Policies 81'AL 106A 107A. 113A. 113B. 144
(without regard to Urban Growth Boundaries3 and 236. and the provisions governing clustering in Program 36 in that
Plan.
Preserv~
Preserves are permanent open space areas of irrepiaceable natural or environmental resources or areas of outstanding
beauty and consist primarily of existing and proposed major park and recreation areas shown on the County General
Plan for the area west of the Pleasanton/Dublin ridgeline, which in turn include watershed lands and other pubLic
owned non-recreation lands. Refer to the East' County Area Plan for open space policies for preserves in the East
County area. On the East Bay ridge north of Castro Valley, Roundtop Regional, Joaquin Miller, and Tilden Regional
Parks, as well as East Bay Municipal UtiLity District watershed lands, are considered preserves. In addition, adjacent
poaions of Regional Park and watershed lands in Contra Costa County are considered "borrowed preserves," since
they serve the same function, although lying outside the County.
In the deruarcated area described above under Agricultural Ooen Si>ace those area~ on Fel~ma _ry 1, 2000. which were
categorized as Preserves. were categorized as neither Agricultural Op,n Space nor Preserves. and ail of Chabot Terrace
are sub_iect to the restrictions in the Resoljroe Management Description of Limd Use Designo09n~ in the East County
Area Plan. They are also subject to Policie~ 81A.. 106A. 107A. 113A. 113t5, 144 (without regard to Urban Growth
Boundaries~ and 236. and the vrovisions governing clustering in Program36 in that Plan.
S~ction 15.' Castro Valley Plan
The Castro Valley Plan is amended as follows:
Principle 3.30
Lands in major open space areas containing highly significant biotic resources should be left substantially
undeveloped. Very Iow density uses, and limited facilities development may be permitted if these are appurtenant to
and consistent with resource management.
Certain areas described in tl~ Ope_n S_oa¢¢ Element of the Coun~ General Plan which are in the Castro Valley
Planning Area are sub_iect to the restrictions on land division, development and uses in the Resource Management
Description of Land Use Designations and Policies 8IA. 106A. 107A. 113A. 113B. 144 (without regard to Urban
Growth Boundaries`} and 236. and the ~rovisions governin~ clustering in Program 36 in the East Coun~ Area Platt
Section 16. General Plan for the Central Metropolitan-Eden-and Washington Planning Units
· The General Plan for the' Central Metropolitan-Eden-and Washington Planning Units is amended by adding:
Implementation
1.1.1 Certain area~q described in the O~n Space Element of the General Plan which are in this olanning area are
suhiect to the restrictions on land division_ development and uses in the Resource Management DescriDtion
of Land Usa_Designation and Policies 81A. 106A. 107A. 113A. 113B. 144 (without regard to Urban
13
Growth Boundaries'} and 236. and the provisions goveming clustering in Pro,ram 36 in the East County
Area Ptan.
Section 17. General Plan Park and R6creation Element
The following is deleted from Page I of the General Plan Park and Recreation Element: Principles and Standards
for Planning Local Parks and Other Recreation Areas:
Major new ufoan developments, as defined in the East County Area Plan, are subject to the Level of Service
Guidelines for parks contained in Volume 1 - Goals, Policies, and Programs, Table 7.
Section 18. Agriculture Adx/isory Pan~[
The County shall periodically convene an advisory panel of experts to make recommendations to enhance the
economic viability of agriculture and ranching, and to minimize environmental impacts. The panel shall recommend
new County policies and ways to strengthen the implementation of existing policies. Citizen input shall be solicited.
Section 19. Inconsistent Coun_ty Plans, Ordinance~ and Aclion
(a) To prevent otherwise unavoidable inconsistency within the General Plan, once this ordinance is submitted to
the County Counsel for a rifle and summary, any subsequent amendments of the General Plan, except as approved by
the voters of Alameda County after the date this ordinance is approved, are superseded and nullified to the extent
inconsistent with this ordinance.
(b) Except to the extent provided by State law, any provision of any existing or subsequently adopted area or
specific plan which is not part of the General Plan, and. of any zoning regulation, or any other ordinance, resolution or
policy of the County of Alameda which is not part of the General Plan is ineffective to the extent that provision is
inconsistent with this ordinance.
(c) Except as required by State law, no subdivision map, development agreement, development plan, use permit.
variance or any other discretionary administrative or quasi-administrative action which is inconsistent with this
ordinance may be granted, approved, or token.
Section 20. ComPliance and Enforeemen[
'The Board of Supervisors and other officials and employees of Alameda County. shall c. any out and enforce the
provisions of this ordinance and generally the provision of the East County Plan diligently and effectually. They are
mandated to use the most effective means available to prevent, abate and remedy violations.
Section 21. ~[.~7~03&e,~
This ordinance shall become operative as provided by statute, except that flail the General Plan amendments
permitted by law in the year in which the ordinance is approved by the voters have been made, the ordinance shall
amend the Plan on January 1 of the following year.
Section 22. Atmlieation
· (a) This ordinance does not affect existing parcels, development, structures, and uses that are legal at the time it
becomes effective. However, structures may not be enlarged or altered and uses e~anded or changed inconsistent with
this ordinance, except as authorized by State law.
(b) Except to the extent them is a legal right to development, the restrictions and requirements imposed by this
ordinance shall apply to development or proposed development which has not received all necessary discretionary
County and other approvals and permits prior to the effective date of the ordinance.
Section 23. Amendments
The provisions of this ordinance may be changed only by vote of the people of Alameda County,' except the Board
of Supervisors may impose further restrictions on development and use of land. The Board may also make technical or
nonsubstantive modifications to the terms of this ordinance, to the extent the terms are incorporated into the East
County Area Plan, the Castro Valley Plan, the General Plan for the Central Mea'opolitan - Eden - and Washington
Planning Units, or the Open Space Element of.the General Plan for purposes of reorganization, clarification or formal
consistency within a Plan. Any modifications must be consistent with the purposes and substantive content of this
ordinance.
Section 24. Sevembilitv
If any section, subsection, policy, program, paragraph, subparagraph, sentence, clause, or application of this
ordinance is held unconstitutional or otherwise invalid, the invalidity of that part or application shall not affect the
14
validity of any other part or application of this ordinance; to that end the parts and applications of this ordinance shall
be deemed severable. The voters of Alameda County expressly and deliberately declare that each section, subsection,
policy,'pmgram, paragraph, subparagraph, sentence, clause, or application would have been enacted as it was
irrespective of the fact that one or more other sections, subsections, policies, programs, paragraphs, subparagraphs,
sentences, clauses, or applications is declared invalid unless the effect would plainly be to defeat a purpose or purposes
of the ordinance.
Section 25. Conflicting Measures
If there are other General Plan amendments on the same ballot as this measure which are approved by the voters,
this onlinance shall nevertheless be effective, except to the extent that its provisions are in actual irreconcilable conflict
with specific General Plan amendments of one or more of the other measures and that measure or measures receive
more votes. General provisions in another measure purporting to nullify the provisions of this ordinance shall be
ineffective.
03 NIROVor N¥$
03
//'"'":. ,.I
,
~ ~' ,§
0
5:,
I
~E
Appendix 3
Deletions From the East County Area Plan (Pursuant to Section 9)
.... ~., ,~ Lhe.~t m .... ., ~ m~. ,h~ ~ .... ", s~!mquim findings
fi,.h~ ~dj,,~,~, ~r,~ ~,.~a~., 3) weald net ........ ,~., ~rr~., ,,; .... , ~.~
du~mg v.'bJch ~e Ceun~, --~ '"- C~~ ~ T; ......... ~ "'""r ~S' ~ .... ~, ~;,; ..... ;. ;~..,;~, ..~ .... ~,1~,. ~. ~p~.
Development in x,~.h ~; ....... t ......... 9B). ~ Count' sF:!I dete~Jne, wiL~r..,r~ y~ ~rem adep~en ~r
dm9 ',
n~-_: _~ ............ ..... ........ ,, ...... .... , ~
Major Nc':.' U.'ban D~.,elopmont;
t~ iden~ficafion of ufilig' ~'stcm~, and improvement :~n~rds and cost
for ~ch ~jor development p~ mq~md far Major New U~mqDevc!opmcn~.
...... ~ ........... r~-- t"-~ ~rO~r~:~:
DubEn S~c~¢ P!zn -~a to the CiB' of Dublin.
negligible_o"-'4""u'"'"._._ '"'~.--~, ...... r - v,-.--.j";'";"' '.v ....... __.~ and se.-,".' ce: as .... ,.~.." _~- ;,o._ p. rey. im2.~' '".~ East Ceun.9"s single !~gest
by bM City. ~c s~cLqc plan mus~ be cop:istcpZ with '&e pcffo~nc: s'~d~rds included in Tables 6
Development of Am'icultuml Land within the Urban Growth Boundary
,h.. ,...;~,.t ~;,.; .... ,; ..... ,.. ,...;~,;.g_ua.~. a .... '~lX~.m er provides - h;.h ao.~;,.,
....... ;~' .... * .... p=~. of-"- ha.;-. XT .... U~an L'¢:,c!cpment
For pace!: ::'!~2.-. Sou~. Live..-v._-'~, ,ho C' .... *., oh.,, ......... ,~... a .... , ..... * ...... ' ..... .~o,.,*,,,-,,
accer~ng to '~" ,.u;`,..,;,,...,,.,.;..a ;. ,,c,,,.,h T ;,,.,-..,,.~ D,,I;,-i,,e" .. t,.,, ,.,,a ~.et,.le .la.
Pr0gr'_m ~' .n,,. Co,,_nB, .u.,,, .... a ,~,. 7,,-;-g r~.ai..,,,.o .,.a a ,.,.,~a,, r',,,,.~., a .,-;,-,,m,,--,, D.,.
t'-II.~l.t-t;.,,,,r T T.;e,-.,.,.~ 'D,,I,*,e ..,4 D.,.~,~,4,..`,.,. in ,..,,.,.alt;n.~,lh, .lle,.., -",-..' ~-1.,,~,,,,-;.,-..-,r r..~.ll ;. th,~,
d:me.-z,a~_ted '..~t '_~ T"~!e 9 S*"_na"--rdz for Sub~'-i:'kien ava Site De:,e!epmen: P. eview for Agfi="?-'--~-.! P~ce!s
.ah~,,~a ,,. F. ach c!,,~*,er parcel v.,o,_'!d be .,..;,.a ,,,. .' , _
,:,.,,,-h,.n,.,...r~, ,..t,o .-__;=~,1,., ,.,~,-I,,~+o,- p,,,-,-`,l,-, th,. ,.,-....;-;-,-. I,,,-,-,`, ~.~..,1 ,.,;,'t, th,, ~,...-.,.pt;,*,- .~+h~ .*-,,,,.- -,,.-..,-~ d~,'e!cpme?
mn agF_'cu!P-'--m2-cpen :pa~ ~'..~e~ment to *~' ........ a ,.~.a..__ r-~._.¥~., ~,,..a___._ .e.. ~-c"pe-';... _-.. ..... .. Uy. ether cc,'v..pe.-~-b!e m~.m'`,--, or _,
r~g'-'-
g~
con tug .,...4..,,~,,,,..! .,,.,~..,..,,.a ~;.; · ,h`,; .... ,o ~c =~.~:,~`,.,;., ~;,.~ ,,. a ~.:'!~:m! op~mticv--°-. Tc
, .... h .+U~. C!uztsr r2.rce!: ou., -~, ,, ..... ,.,~ .,,,.;a`, ,h.. k .... a .... r,U,. ,..~-;--, r2.r,.-~ (.a. ,.i, ....
........... em !37.)
cl'a~!eri.".g Frogrc..'n .... / eFF~' ::'ithi.". !he P!e~ze.".te.". Rid£e!e,-.ds oreo; ._. r'
PoEcy ?.2: T~,. r- .... ,,, ok.,11 ....... iT,.,, ,,,h ............ ,i ...... !eoateod in ar~: fl¢=igrated ~ IT,-k.,,,
I1
of
General Sen, ices and Facilities
Pe!i.~, 202. The Count, zbo~! work ,:.,!,3 t.hc C!~' ef Li:,e..~..ere te provide u~an sep.,izes te se.we Major New
Appendix 4
Selected Definitions
from Table I of the East County Area Plan
Agricultural Enhancing Commercial Uses: These uses include stables, fruit stands, feed stores, wincr',¢s, samplinz rogms.
~ and other uses which can demonstrate an economic connection to agricultural use or production.
Compact Development: This is a type of development that is designed to emphasize higher density, pedestrian- and transit-
oriented land uses in an interdependent pattern. This type of development typically features a mix of land uses and densities,
including high-, medium-, and Iow densities, to maximize opportunities for living, working, and shopping within a given
are~.
Development: The placement or erection of any solid material or structure: construction_ reconstruction or alteration of any_
structure: change in the densi _ty or inlensi[y of any use of land. includine any division of land: grading, removing, e~raction
or deposition of any materials: and,disposal of any waste. "Structure" includes but is not limited to any building,
greenhouse, tower, utilitw line.
Jnitiative: The Save A_m-iculture and Open Space Lands Initiative submilted to the Board o[ Surervisors in 2000.'
Intensive Agriculture: This refers to high yield agricultural production including vineyards, orchards, and row crops as
distinguished from Iow-intensity agriculture such as cattle and horse grazing.
Moderate-, Low-, and Very Low-Income Households: These are del'reed by the U.S. Department of Housing and Urban
Devel0pmcnt (HUD) as households earning 80-120% (Moderate), 50 to 80% (Low), and less than 50% (Very-Low) of the
median household income within the Oakland Primary Metropolitan Statistical Area (PMSA) which includes Alameda and
Contra Costa Counties). ^ e cf May ~ oo,~,
The percentages required to tueet regional share allocations are derived from ABAG's Housing Needs Determination.
Secondary Units: These are self-sufficient housing units that are typically (but not necessarily) attached, or pan of, single
family homes. These units are also known as "granny fiats" or "in-law apanmems." The units are typically small in size and
contain a full service kitchen and bathroom.
Appendix 5
(EAST COUNTY AREA PLAN)
Table ~
Tab[". 7
lEVEL OF SF, R.v!CE GTj!DEL_~,ES
FOR ..~-~JOR NEW tJP3?-"I.. DEVELOP,.a~MTS
Deve!epmerZ.
Tr~c ve!umeo~ n~a .... 5,~ a~o;g.~ te meet '&e !am requirements :hewn in Table
qu~ib'.
~=~ ~ .... ~. ~n mxm, ; .... ;a~,;~ ..;ghh~h~a% ~,h.~ levels ~r Coung' Noise
PTJBL!C SERVICES
Pa!ice, Fire, 2nd Eme.,'genW Med!c~ Scm'kcs: a .... i .... 5 w2nute ms~pze time for Pfiofig, One E. mergsnu,, c~!s for
Table 8
DES!CN CTj!DELT~ES FOR M~.JOR NEW UP. AN DEVELOPM~'~NTS
C O..~r2~._TJN!TY FOP_.~!
Dm'e!cpment Intend/y: w~w,~ of bJ~ ;-'~-~;~' uses clustered in the co~upJB .... , .... ;.hh.~h~a ....... ;~ ~e~,
£TRTJCTTJp~'
Dsns!ty~mtendB' Dirtffbutie=: Development der:ides
living, -"~;-- ' recmafie~ !ezadev~.
Appendix 6
Table 9
STANDARDS FOR SUBDIVISION AND SITE DEVELOPMENT REVIEW FOR AGRICULTURAL PARCELS
The County shall require all tentative maps in areas designated "Large Parcel Agriculture" or "Resource Management" to
identify a building envelope of no more than two acres on each proposed parcel. On existing parcels that are consistent with
Zoning Ordinance standards for legal building sites, a building envelope of no more than two acres shall be identified at the
time of Site Development Review for residential development (see Program 45). The following standards shall apply to both
new parcels and existing legally buiidable parcels:
· One contiguous building envelope of no more than two-acre shall be designated on each parcel.
· All residential development and residential accessory uses shall be located within the designated building envelope.
· Each building envelope shaLl have an approved access route between the site and a county-maintained road; the approved
access route shall conform to Alameda County Fire Department requirements, and shall be designed .to minimize visual
impacts and to ensure stability. Grading, drainage, and other improvements necessary for the installation and
maintenance of the access route shall be shown on the tentative map aM analyzed during the environmental review
process.
· The building envelope shall not be located on a slope of over 25 percent, or on top of a ridgeline.
· The standards for subdivisions contained in fids table shall also apply to the location of all building envel6pes and
access routes.
The County shall use the following standards in reviewing proposals to subdivide land designated for agriculture in East
County:
· The minimum parcel size of agricultural parcels shall be determined through an evaluation of individual site
characteristics of the subject parcel and affected adjacent parcels, but shall not be smaller than I00 acres in the "A-100"
(Agriculture - 100-acre.minimum parcel size) District, 160 acres in the "A-160" (Agriculture - 160-aCre minimurh parcel
size) District, or 320 acres in the "A-320" (Agriculture - 320-acre minimum parcel size) District except as provided
under program 36 (see Zoning Ordinance).
· The subdivision of land shall not interfere with the ability to initiate or continue agricultural use or wind energy
development on-site on adjacent parcels either directly (by the location of fencing or structures) or indirectly (by
introducing incompatible land uses or increasing the speculative value of the land for non-agricultural uses).
· The subdivision shall not adversely affect the potential agricultural productivity of the property or on-going agricultural
uses in the vicinity.
The subdivision shall not adversely affect existing and adjacent land uses, including wind energy development.
· The subdivision shall be configured to optimize the availability of soils best suited for agricultural use, as determined
through consideration of soil and geotechnical characteristics, including soil classifications and the location of landslides,
water sources, faults and related features.
· The subdivision parcels under Williamson Act contract shall be consistent With State and County Williamson Act
requirements.
· The subdivision shall be consistent with any existing agricultural easements.
· Range lands shall be retained in large, contiguous blocks of sufficient size to enable commercially viable grazing.
· The subdivision shall not interfere with or detract from the use of publicly owned land.
· The subdivision shall be configured to minimize visual impacts on public roadways, publicly owned land, and existing
and proposed trail alignments identified in documented public agency plans.
· The subdivision of land shall include, where appropriate, the dedication of easements consistent with documented public
agency plans to create or connect public use Wails or open space areas.
· The subdivision shall be configured to respect natural topography and natural features including, but not limited to,
streams, ridges, prominent slopes, and watersheds.
· The subdivision shall be configured to avoid the significant loss of potential wildlife habitat or significant natural
vegetation. Neither the subdivision of land nor on-going or proposed agricultural uses on such subdivided land shall not
interfere with the ability of any identified species of concern to use the site as habitat or as a corridor linking identified
habitat areas.
· The subdivision shall include access to each parcel that is consistent with Alameda County Fire Department
requirements, and shall be subject to reasonable response times for emergency services.
· The subdivision shall not significantly degrade surface or groundwater quality or publicly-owned watershed lands.
· Subdivision approval shall require proof of the. availability of water sufficient to serve residential uses, as permitted under
the Zoning Ordinance; fire fighting needs; and on-going or proposed agricultural uses.
· The subdivision shall be configured to minimize the creation of and susceptibility of the subdivision and adjoining lands
to f'm: hazards.
· The subdivision shall not substantially contribute to cumulative impacts resulting from agricultural subdivisions.
· A real estate disclosure notice shall be attached to the deeds of all newly created agricultural parcels at the time of
subdivision and to the deeds of existing agricultural parcels as a condition of approval for non-agricultural development.
The disclosure notice shall inform owners of potential nuisances generated by adjacent agricultural uses, and by landfills
or quarries in the vicinity. The disclosure notice shall also inform owners that the parcels are in an open space area with
high fire rislq that public agencies are not liable for any damage caused by wildfire, and that the parcels are subject to
response times for emergency services that are much longer than what can be expected in an urban area due to their
remote locations. For parcels created iff the Wind Resource Ama (as shown on Figure 4), the real estate disclosure shall
also inform new owners of existing or potential future wind turbines and associated facilities on adjacent or nearby
properties.
Appenchx 2
EAST COUNTY LAND USE DESIGNATIONS~ DENSITW. Sr AND USES
Land Use Category I All°wable Gross Densi .ty ] Typical Uses
RESIDENTIAL
· - ·,,,. F~ve acre or less single family lots
Rural Density T~sS ~". ! uv2t/acre ' "~' ' '
. L5 acre minimum varcel with limited agricultural uses
Low Density 1.0-4.0 6,000 - 40,000 square foot single family
units/acre lots; may include multiple family.units
l~ed'ium Density 4.1-$.0 3,000 - 6,000 square foot single family lots;
units/acre may include multiple family units
Medium/High Density 8.1-12.0 Townhonses, Attached single family houses
units/acre
High Density 12.1-25.0 Townhouses, Condominiurns, and
units/acre APartment Buildings
Very High Density 25.1-75.0 Condominiums and Apartment Buildings
units/acre
INDUSTRIAL/COMMERCIAL
Major Commercial Maximum .6 FAR Retail: Service.. and Office Uses
Industrial Maximum .4 FAR ..General and Lig. ht Industrial Uses
Mixed Used Maximum .5 FAR Office, Industrial, General Commercial, and
Residential Uses
OTHER
~"r,..r,.,, D ...... 1,3,-, l"~-.,,e;e,, A ..... ;,~1TT.+;1
M~.-"2m'-'-m .0! FAR;
Major ,Public Facilities Maximum .6 FAR AirpaX, Hospitals. Jails, Utilities
OPEN SPACE/AGRICULTURE
.Major Parks Maximum .02 FAR Regional Parks and Open Space
Large Pan:el Agriculture Maximum .01 FAR u,_b_~t.3~ Low Intensity Agriculture and Grazing,
' less than 20.000 square feet; Related Uses (Special uses apply in Sou&
residential ond ~$idential Livermore and may apply in North
accessory uses not more thsn Livermore)
12.000 ~uare feet floor area:
100 acre minimum parcel
siz~ (except as indicated in
policy 90
Resource Management Density UsuallyTmnsfe~ Agriculture, Gra~ing, Recreation, Open
Off-Site or Parcel Pmchased; Space Uses, An'oyos, Steep Slopes, Habitat,
Otherwise Maximum .01 Environmentally Sensitive Areas
FAR. but not less lhaTl
residential and residential
aecesson, uses not more than
12.000 ~nare feet floor an:a:
1.00 acre minimum parcel
Water Management Lands Usually No Density On Query Lakes, Watershed Lands,. Arroyos,
Public Land or Private Active Aggregate Mining and Processing
Water Areas; Otherwise
Maximum .01 FAR;
residential and residential
accessory uses not more lhan
12.000 souare feet floor area:
100 acre minimum parcel
size
Note: For an explanation of each land use category, see Deseri )tion of Land Use Designations in text.
Appendix 8
Referenced Policies and Programs Pertaining to South Livermore Valley Plan F, xpansion
Program 115: Within the Vineyard Area, the County shall retain existing parcel size regulations as specified in the
Alameda County Zoning Ordinance for the Agricultural (A) District, as of January i, 1991, which normally set a 100 acre
minimum per residence and permit agricultural uses that are compatible with the promotion of the area as a Wine Region.
The County shall retain agricultural worker housing as a conditional use on parcels greater than 100 acres.
Program 116: The County shall establish a "Cultivated Agriculture Overlay District," or equivalent, coterminous with
the Vineyard Area shown in Figure 9. Permitted and accessory uses normally allowed under the A (Agricultural) District
shall be restricted to preclude incompatible uses within the Overlay District. The Overlay District base density shall be 100
acres per homesite. A density bonus of up to four additional homesites per 100 acres (ora fraction thereof) may be granted for
lands if and only if (1) the applicant can demonstrate that the density bonus will contribute substantially to the goal of
promoting viticulture or other cultivated agriculture and (2) if the land meets the criteria described below. The Overlay
District shall specify the procedure by which the applicant may quality for the density bonus. Prior to obtaining the density
bonus, each application shall require review by Alameda County to determine conformance with the following minimum
environmental and site design criteria:
a. The applicant must show, to the satisfaction of the County, that adequate water supplies are available to the proposed
pamels for both domestic and irrigation needs, and that all proposed homesites can be served by individual septic
systems. The County shall consult with the appropriate water purveyor.
b. The applicant must provide evidence that the area has been surveyed by a qualified biologist to locate any potential
plant or wildlife species of concern, and that a mitigation plan ,has been developed to protect any sensitive or Unique
environmental characteristics, such as oak groves, riparian areas, or specifies of concern.
c. The applicant must guarantee that a minimum of 90% of the parcel shall be permanently set aside for viticulture or
other cultivated agriculture, that the set-aside acreage shall be planted in wine grapes or other cultivated agriculture, and
that provisions are in place that will ensure its continued cultivated agricultural use, such as agricultural conservation
easements, or other equivalent means. At the discretion of the County, minor portions of a pan:el included within the 90%
permanent dedication areas may be excluded from the cultivation requirement to preserve enviroranentally sensitive areas
such as weflands, arroyos, slopes in.excess of 25%, oak groves, or areas with unique environmental characteristics.
Agricultural operations that could be potentially high sources of nitrates, such as horse farms or cattle feed lots, shall be
discouraged.
d. The applicant must provide evidence that cultivated agriculture resulting from this program will be maintained for a
minimum of eight years, through use of CC&Rs, evidence of a long-term maintenance contract with an experienced farm
operator, or other means. Agricultural practices that minimize excess nitrate loading and utilize proper erosion and dust
control shall be encouraged. Water conserving best maxmgement practices, including the use of drip irrigation, shall be
required wherever feasible.
e. The applicant must pay city or county fees then in place for such properties, such as, but not limited to, in-lieu
affordable housing fees and school fees.
f. The applicant must mitigate potential residential/agricultural conflicts by including ~ clause in the sales contract of each
home referencing the Alameda County Right to Farm ordinance and indicating 'that the residence is located near an
agricultural operation and that the homeowner recognizes that the property my be subject to noise, dust, odors, night
operations, or other impacts resulting from the operation.
g. The applicant must meet the following site development review standards:
i. Parcels that include, or are adjacent to, arroyos shall maintain a minimum 100 foot uncultivated and undeveloped
buffer, as measured from top of bank.
ii. Building site envelopes for homes and ancillary uses shall be designated on the 10% portion of the parcel
outside the required 90% set aside for agricultural areas, as described above. Building site enVelopes shall not exceed
25% slope. Parcel lines and building envelopes shall be sited to maximize productive use of the land for intensive
cultivated agriculture. Building envelopes shall be located outside of FEMA-designated floodplain areas, and shall be
located a minimum of IIX) feet from roadways, and a minimum of 200 feet from major roadWays, unless site-specific
noise studies are conducted that show that State noise guidelines can be met. Building envelopes located within areas
known to be subject to landslide or seismic ba?ards shall require site-specific geotechnical studies to ensure that
structures can be safely constructed.
iii. New development shall b,e designed to minimize risks to life and property through the implementation of
the provisions of the Alameda County Fire Protection Master Plan. .
iv. The location of building envelopes, parcel lines or cultivated agriculture shall not conflict with or preclude
proposed LARPD trails.
v. Any historical structures on-site shall be preserved and/or reused, wherever feasible, and the project shall be
designed to ensure that new development will not disturb any known or potential archaeological sites.
Program 118: The County shall limit new commercial uses within the Cultivated Agricultural Overlay District to
appropriate small-scale uses that promote the a~a's image as a wine region, subject to issuance of a conditional use permit.
To this end, the County shall develop a full list of conditionally-permitted commercial uses and standards. New commercial
uses proposed as part ora bonus density application should be limited to the 10% maximum area of each parcel not dedicated
to cultivated agriculture, subject to appropriate coverage limitations, and should be sited to maximize efficient use of
cultivated lands. Wineries and small bed-and-breakfast establishments shall be limited to existing homes or homes permitted
under the South Livermore Valley Area Plan; construction of separate additional structures shall not be permitted. The
County shall require that proponents of new commercial development in rural areas show, to the satisfaction of the County
and Zone 7, that development can be adequately served by a septic system and t~t adequate water supplies are available for
commercial needs.
Program 120: The County shall prohibit the subdivision of existing vineyards within the Cultivated Agricultural Overlay
District if such subdivision results in a net loss of vineyards within the subdivided parcel and shall limit such subdivision to
a maximum of I00 acres per year to maintain a market for new vineyards on presently uncultivated lands. The County shall
allow the density bonus if new home sites on parcels with existing vineyards are located so that no vineyards are destroyed or
divided, while still meeting minimum parcel size requirements of Zone 7 and the Williamson Act. If new homes, roads and
other structures cannot be sited without the loss of existing vineyards, the density bonus shall be allowed only if an
equivalent vineyard acreage to that lost be planted and placed under easement within the subdivided parcel.
Program 121: The Coimty shall require that any subdivision of existing vineyards include provisions for any needed
improvements to bring existing vineyard stock up to current industry standards for production, quality and resource use,
including water and soil. Prior to subdivision approval the County shall require that improvements to existing vineyards be
made, based on the recommendations of an experienced viticulturalist following an inspection to ascertain vineyard health,
vigor, productivity, and resource use.
Program 123: The County shall require new residential and commercial structures to be subject to site development
review and shall establish appropriate and comprehensive design guidelines for the Cultivated Agricultural Overlay District
for new rural structures that:
a. Emphasize the e:dsting visual character, including use of appropriate materials, architectural features and careful siting
so that structures are subordinate to .the landscape and do not block public views from adjacent roads.
b. Include fencing guidelines to limit or prohibit use of property line fences in existing vineyard areas.
'c. Include standards for access, including limitations on access driveways onto Vallecitos or other major roads ttuough
use of joint driveways or other access mutes.
d. Include standards for landscaping, screening and signage that emphasize the existing visual character and reflect the
objective or promoting the area as premium wine-producing region.