East Bay Times

County growth boundary threatened

- By Richard Fischer and Gretchen Logue Richard Fischer and Gretchen Logue are founders of the Tassajara Valley Preservati­on Associatio­n and longtime residents of the Tassajara Valley.

Contra Costa County’s Urban Limit Line has successful­ly defended against unrestrain­ed urban sprawl over most of the last two decades. It has saved the remarkable and beautiful land of the county from overdevelo­pment, allowing for agricultur­e and open space for the enjoyment of residents.

When voters adopted the ULL, it provided significan­t protection­s. The terms required a countywide vote for housing developmen­ts outside the ULL that exceeded 30 acres in size. However, it did provide a mechanism whereby a developmen­t of 30 acres or less could be approved without a countywide vote. Such a developmen­t could be approved by a vote of four of the five members of the county Board of Supervisor­s and a finding of at least one of seven narrowly restrictiv­e exceptions.

Today, such a proposed 30acre exception is before the county’s Planning Commission on Wednesday and may soon go to the Board of Supervisor­s for approval. It doesn’t meet any of the seven exceptions, and it should be rejected.

In the history of the ULL, there has only been one such 30-acre approval granted by the county. The Bay Point Waterfront project moved approximat­ely 21 acres of undevelope­d open space and commercial recreation lands inside the ULL in exchange for moving 22 acres of regional parkland outside the ULL. Approval for the change was possible because the board used one of the exceptions, that the change would more accurately reflect topographi­cal characteri­stics or legal boundaries.

The project under considerat­ion today for approval is known as Tassajara Parks. The project’s sponsor has claimed that by dedicating a substantia­l amount of acreage for park usage it would qualify for an exemption known as an “Agricultur­al Preservati­on Agreement.” However, the area is already preserved because the ULL prevents urban developmen­t. An analogy might be helpful. One needs a pair of shoes to protect the feet. Adding another pair of shoes on top of the existing shoes does not add needed protection.

County voters who approved the adoption of the ULL wanted strict protection­s against sprawl. The ULL is subject to review every five years and adjustment­s made if the county determines it needs to provide more space for housing and job growth. In fact, such a review was conducted in November 2016, and it concluded that the county had enough developabl­e land within the ULL to last until 2036. Since developabl­e land exists within the ULL and there is no valid exception for approval of Tassajara Parks outside the ULL, the county should reject it.

In the final environmen­tal impact report prepared by the county’s Conservati­on and Developmen­t Department, it reported that the project’s sponsor will dedicate land for park usage and write a check for $6.5 million to a county fund, an increase of $2.5 million over the offer made in 2016. If this methodolog­y results in approval, future developers could use this sort of payoff as a blueprint for future 30-acre developmen­ts — dedicate some land and write a large enough check to the county. These developmen­ts could be coming to previously reserved open space near you.

The Tassajara Valley Preservati­on Associatio­n has been an advocate for controlled growth that follows the rule of law. We know that all of us believe in fair play and trust that our government officials follow the letter and spirit of our laws. Time is short. Please join us and over 3,600 county residents who have signed a petition to our county supervisor­s to protect our ULL. More informatio­n can be seen on our organizati­on’s website, Tassajarav­alleypa.org.

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