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HomeMy WebLinkAboutMINUTES - 07301985 - 2.1 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 30, 1985 . by the following vote: AYES: Supervisors Powers, McPeak, Torlakson and Fanden NOES: None ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: Proposed Amendment to the General Plan for the Bogue Ranch, Alamo area, Woodhill Development, owner and applicant. The Board on May 14, 1985 declared its intent to amend the Land " Use, Circulation, Scenic Routes, Recreation, and Open Space and Conservation Elements of the County General Plan and instructed the staff to prepare the environmental findings for Board consideration and to prepare, for the Board' s approval, findings for approval of the General Plan Amendment in accordance with the staff ' s recommendation of 130+ acres Single Family Residential Low Density and 311+ acres General Open Space. Prior to the May 14 , 1985 declaration by the Board, a public hearing was conducted" by the Board on March 19, and April 30, 1985 on the recommendation by the San Ramon Valley Area Planning Commission (SRVAPC Res. No. 59-1984 (SR) dated December 12,1984) to deny the General Plan Amendment for the Bogue Ranch as requested by the applicant and the alternative General Plan Amendment as recommended by the Community Development Department staff. 1. ENVIRONMENTAL IMPACT REPORT The Community Development Director submitted a memorandum to the Board on December 20, 1984; containing the following materials. a. The resolution of the San Ramon Valley Area Planning Commission No. 59-1984(SR) certifying that..-the Final Environmental Impact Report is adequate and has been completed in compliance with the California. Environmental Quality Act and State and County quidelines, and recommending denial of the General Plan Amendment request and alternative staff recommendation; b. Community Development Department Staff Report for the Bogue Ranch including recommendations for approval, dated November 7, 1984; c. The Bogue Ranch Draft Environmental Impact Report, dated March 1984; d. The Responses to Comments, -dated July 1984, which includes written comments received upon the Draft Environmental Impact Report, summaries of oral comments from the May 16, 1984 San Ramon Valley Area Plannning Commission hearing on the Draft Environmental Impact Report, a list of commentators and responses to comments; and .e. The Addendum to Responses to Comments, dated July 1984. -1- Bogue Ranch Page 2 The Board having reviewed and considered the Final Environmental Impact Report, consisting of all materials submitted to the Board by the Community Development Director on December 20, 1984, and all other oral and written comments, hereby finds and certifies that the Final Environmental Impact Report is adequate and has been prepared and processed in compliance with CEQA and State and County Guidelines, and further makes the CEQA Findings and Statements of Overriding Considerations set forth in Exhibit A and incorporated herein by reference. 2. GENERAL PLAN AMENDMENT ADOPTION: The Board hereby approves the Amendment to the Land Use, Circulation, Scenic Routes, Recreation, Open Space and Conservation Elements of the County General Plan for the Bogue Ranch as recommended by the Director of Community Development and as follows: a. Land Use Element: Redesignate 130+ acres of. the Bogue Ranch from General Open Space to Single Family Residential Low Density with the 311+ acre balance of the Bogue Ranch to remain designated as General Open Space as shown on the attached map A. The 311+ acres remaining as General Open Space, may, during development of the property, be dedicated to a public agency for park purposes. At such time, the area so dedicated shall be redesignated as Parks and Recreation. b. Circulation Element: Realign Livorna Road between the Bogue Ranch and the east-west leg of existing Livorna Road and delete the arterial road crossing Bogue Ranch as presently shown on the General Plan as shown on the attached map B. C. Scenic Routes Element: Delete the proposed arterial road crossing the Bogue Ranch as presently shown on the General Plan Scenic Routes Element as shown on the attached map B. d. Recreation Element: Designate Livorna Road from Interstate 680 to the east property line of the Bogue Ranch as suitable for a Riding and Hiking Trail and redesignate 130+ acres of the Boque Ranch from General Open Space to Single Family Residential-Low Density as shown on the attached Maps A & B. The 311+ acres remaining as General Open Space, may, during development of the property, be dedicated to a public agency for park purposes. At such time, the area so dedicated shall be redesignated as Parks and Recreation. e. Open Space and Conservation Element: Redesignate 130+ acres of the Bogue Ranch from General Open Space to Single Family Residential Low Density with the 331+ acre balance of the Bogue Ranch to remain General Open Space as shown on the attached map A. The 311+ acres remaining as General Open Space, may, during development of the property, be dedicated to a public agency for park purposes. At such time, the area so dedicated shall be redesignated as Parks and Recreation. The Board further makes the findings set forth in paragraph I of Exhibit A which are incorporated herein by reference. Bogue Ranch Page 3 3 . NOTICE OF DETERMINATION: The Director of Community Development is directed forthwith to prepare and post a Notice of Determination and to distribute copies of the Final Environmental Impact Report in a customary manner. I hereby eerft that IMs to a tnw and eon ectcepgof an action taker and entered on the ndnufea 9100 Soant of Supervisors on the date shown�Saard�ATTESTED: o�01�Vw PHIL SATC Lo ,Mr Of Superrlson and County Adm1irdmter cc: Community Development ey - Dapury Public Works County Counsel Woodhill Development Shute, Mihaly & Weinberger Attorneys for Alamo Improvement Assn 396 Hayes Street San Francisco 94102 Alamo Improvement Assn. P. 0. Box 271 Alamo 94507 EXHIBIT A SUPPLEMENTAL FINDINGS WITH RESPECT TO THE ROGUE RANCH GENERAL PLAN AMENDMENT I. GENERAL FINDINGS A. The General Plan Amendment is in the public interest in that it will help meet the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to pre- serve open space and agricultural land within the County on a per- manent basis. B. For the reasons set forth in the Planning Department Staff Report, dated November 7, 1984, the General Plan Amendment is consistent with and will help to further the goals and objectives of the General Plan. C. The General Plan Amendment designation for the southwest 130± acres of the site (Low Density Single Family Residential (1 to 3 units per acre)} is compatible and consistent with the General Plan designations for the surrounding area. D. The General Plan Amendment will allow flexibility in planning to achieve the housing goals of the General Plan without Intruding on the development pattern and lifestyle of the residents of Alamo. E. The General Plan Amendment is only the first of a number of discretionary approvals that must be obtained by applicant prior to _1_ commencement of any development project for the site. Subsequent approvals that must be obtained include those for rezoning of the property from A-2 to P-1,' planned unit district, for a preliminary and final development plan, for a tentative map and for reorganization of various boundaries for certain special districts. F. The General Plan Amendment of itself will not directly result in any significant effects on the environment. The EIR, prepared at the time of the General Plan Amendment request, addresses impacts which may be attributable to the development of a project for the site that has only been proposed in concept by applicant. Further environmental review and consideration, including the implementation of any appropriate mitigation measures or project alternatives, will necessarily occur during the approval process for any development project for the site which may subsequently be submitted. To the extent that any of the impacts identified in the EIR may be indirectly attributable to the General Plan Amendment, explanations of mitigation and statements of overriding considerations with respect to those Impacts are set forth in the findings under paragraph II below. II. CEQA FINDINGS ON THE SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE EIR AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Findings, Explanation Of Mitigation And Statement Of Overriding Considerations Justifying The General .Plan Amendment Regardless Of Any Remaining Impact For The Identified Sianificant Effect Upon Geoloav And Soils. The EIR identifies potential geological impacts in that damage from earthquakes could result from ground vibration transmittal -2- to a project site from the area of the earthquake, or from primary surface breakage along an active fault which runs through a project site, and that development of the project as originally proposed in concept would involve extensive deep-fill grading and possible surface erosion. Potential earthquakes or. surface breakage would not significantly affect the proposed project. However, during review of any development project for the site which may be submitted after General Plan amendment, the design of the project will consider the location of units and their design in accordance with the Uniform Building Code, other pertinent laws, and recommendations from soil engineers, geologists and civil engineers. The project is proposed within 130+ acres of relatively gentle terrain which will minimize soil problems. To the extent any such geological or soils impact attributable to the General Plan Amendment remains unmitigated, this Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described In the EIR will occur during review of any development project for the site which may subsequently be submitted. -3- B. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Hydrology.. The EIR identifies hydrological impacts in that development would result in increased runoff within the watersheds and possible local flooding problems, particularly with respect to that area which drains into Miranda Creek, whose flood plains are inundated during even moderate intensity storms. A detailed evaluation of the hydrology will be required during project review to mitigate these Impacts. Such mitigation measures may include creation of detention basins in larger sections of the on-site channels to control runoff. The existing basins or ponds within the open space area are being preserved to minimize runoff. To the extent any such hydrological Impact attributable to the General Plan Amendment remains unmitigated, this Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any Implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. -4- C. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Biotics. The General Plan Amendment will allow 130± acres of grazing land to be converted to urban growth area. The EIR identifies potential resulting impacts on biotics in that mature oak trees may be destroyed and siltation resulting from grading in steep drainage areas would have serious effects on the creek bed off the property to the southwest. In addition, development in close proximity to two parks may result in periodic invasion of these parks by domestic pets and other disturbances of park wildlife. The proposed General Plan Amendment will result in the preservation of two-thirds of the land (approximately 310 acres) in Open Space that will be managed by the East Say Regional Park District upon donation to the District. Applicant has proposed such a gift and EBRPD has indicated that it will accept the dedication. Management of the open space by EBRPD could provide for continued agricultural activity. Cattle should be removed for one to two years to allow the site to return to a natural grassland - oak woodland state. Preservation of the approximately 310 acres in Open Space will save the majority of the large oaks and mitigation measures can be imposed during project review to ensure that design of the project and grading of the site will result in the preservation of trees. The leash ordinance should be strictly enforced. To the extent any impact upon biotics attributable to the General Plan Amendment remains -5- unmitigated, this Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These, needs make infeasible the complete mitigation of such impact or implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. D. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Climate And Air Quality. The EIR identifies potential short-term and long-term impacts upon air quality, the short-term impact resulting from grading during construction and the long-term impact being a function of vehicular traffic after completion of project development. These impacts are susceptible of mitigation as set forth in the EIR, including the establishment of guidelines to control dust during construction and the use of mass transit facilities. Such mitigation measures can be implemented during project review. To the extent any such impact upon climate or air quality attributable to the General Plan Amendment remains unmitigated, the Board finds such impact justified by the need to increase the housing supply in the 'County, in a range of densities -6- providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. E. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Acoustics. The EIR identifies potential short-term acoustical impacts resulting from project construction noise, particularly during grading operations, and permanent noise increases resulting from a rise in traffic levels due to the project. Noise increases along Miranda Avenue - Livorna Road would be small but perceptible. Construction noises may be reduced by contractors using quiet models of construction equipment. Specific noise mitigation measures will be considered during project review, including an acoustical study to determine noise impacts and recommended mitigation, if any, along Miranda Avenue, Livorna Road and at the entrance to the project. To the extent any such acoustical impact attributable to the General Plan Amendment remains unmitigated, this Board finds such impact justified by the need to increase the housing supply in the County, in a range -7- of densities providing for a variety of family sizes, income levels, and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the .County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. F. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General _ Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Traffic. The General Plan Amendment will allow development to occur that will result in increased traffic. The EIR identifies traffic impacts off-site to Livorna Road, Miranda Avenue, Stone Valley Road and Roundhill Road primarily. These impacts can be mitigated during project design and review with mitigation measures as suggested in the EIR, including improvements to Miranda Avenue and Livorna Road and the extension of Livorna Road through the Post property. To the extent any such traffic impact attributable to the General Plan Amendment remains unmitigated, this Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population -8- I and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted.* G. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effects Upon Services And Facilities. The General Plan Amendment will allow development to occur in an area where urban services should logically be provided from the San Ramon Valley instead of Diablo Valley. The EIR identifies cumulative impacts upon services and facilities within the San Ramon Valley with respect to fire protection, police services, water service, sewage, solid waste, public schools and parks and recreation. The site is almost entirely within the Contra Costa County Consolidated Fire District. A small southerly portion of the property is within the San Ramon Valley Fire Protection District (SRVFPD). With respect to fire protection Impacts, the proposed project in Itself would not significantly burden either district. Applicant wishes to place the entire site within SRVFPD. Such a request must be made of LAFCO. The Sheriff's Department could serve the project without additional manpower or equipment. With respect to the solid -9- waste impact, the project site would be served by Valley Disposal Service and Acme landfill. Recycling should also be encouraged of project residents. Approximately 310 acres will be permanently preserved for parks and recreation upon donation to East Bay Regional Park District. The site is located within the Mt. Diablo School District and a transfer of the property from that district to San Ramon Unified School District has been recommended by the County Superintendent of Schools. Both districts have indicated that they would agree to the transfer. With respect to water service, sewage and public schools impacts, an application for reorganization of various boundaries .and jurisdiction will also need to be filed with LAFCO or the County Superintendent of Schools, as appropriate, for final determination of boundaries. During project review, project plans will be submitted to the various districts and agencies for recommendations to mitigate impacts. To the extent any such impact upon services and facilities attributable to the General Plan Amendment remains unmitigated, the Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels, and age groups, in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any -10- implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. H. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Visual And Aesthetic Considerations. The General Plan Amendment of itself will not create any visual impacts. The EIR identifies visual and aesthetic impacts in that development in the southwestern portion of the site and the potential. site of a EBMUD water storage site would be visible either from homes along Miranda Avenue and Roundhil . North or from surrounding parklands. Major mitigations to development of the site have been incorporated into the conceptual project design. The approximately 310 acres left undeveloped would remain a major visual amenity to park users. The knolls and stands of oak left untouched by development will constitute a major amenity to future residents of the sites. Hills screen most of the area proposed for development from view. Further studies by the water district will be conducted to determine the preferred placement of the tank. To the extent any such impact upon visual and aesthetic considerations attributable to the General Plan Amendment remains unmitigated, this Board finds such impacts justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to -11- preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. - I. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Upon Energy Resources. The EIR identifies a significant effect upon energy resources in that residential development within the proposed project area would commit significant amounts of energy and building materials to the construction of roadways, storm drainage, utilities and residential buildings. Review of project design and construction will insure that energy conservation measures will be incorporated. Regardless of the ultimate architectural designs and subdivision plans, all of the new residences must conform to building code regulations for energy conservation. They must also comply with State energy conservation requirements, as set forth in Title 24 of the California Administrative Code. To the extent any such impact upon energy resources attributable to the General Plan Amendment remains unmitigated, the Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, -12- in order to accommodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. J. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Potential Significant Effect Upon Archeology. The EIR states that no known archeological or historic site was located within the project area. One area of bedrock mortar was found near a seasonal drainageway. No other evidence of archeological resources was discovered. The bedrock mortar area has been recorded and will be reported to the California Site Survey. There is a remote possibility of a deeply buried site being uncovered during excavation. Possible mitigation measures, including stoppage of work where necessary for archeological consultation, will be considered during project review. To the extent any such archeological impact attributable to the General Plan Amendment remains unmitigated, the Board finds such impact justified by the need to increase the housing supply in the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accommodate the County's growing population and employment base, and the need to -13- preserve open space and agricultural land within the County on a permanent basis. These needs make infeasible the complete mitigation of such impact or the implementation of the "no project" alternative described in the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. K. Findings, Explanation Of Mitigation, And Statement Of Overriding Considerations Justifying The General Plan Amendment Regardless Of Any Remaining Environmental Impact For The Identified Significant Effect Of Inducing Growth. The EIR identifies a growth-inducing impact in that the clustered development proposed in concept by applicant would be precedent setting and potentially encourage similar density development in the area. The clustering of units may be unique to the Alamo community, but the proposed limitation of development to 130± acres of the approximately 441 acre site in conjunction with the proposed preservation of the remaining 310± acres in Open Space is in accordance with the General Plan objectives of protecting the natural features of the area to encourage the preservation of the watershed, the natural appearance of hillsides and ridges, and the natural beauty of the area. Management of the open space by EBRPD for continued grazing activity will also serve to relieve more viable agricultural lands from pressure to convert to urban growth. Review of any development project for the site will consider, to the greatest extent possible, the harmonization of project design with the unique -14- character of the Alamo community. To the extent any such growth-inducing impact attributable to the General Plan Amendment • remains unmitigated, this Board finds such impact justified by the need to increase the housing supply In the County, in a range of densities providing for a variety of family sizes, income levels and age groups, in order to accomodate the County's growing population and employment base, and the need to preserve open space and agricultural land within the County on .a permanent basis. These needs make infeasible the complete mitigation of such Impact or the implementation of the "no project" alternative described In the EIR. Further consideration and any implementation of additional mitigation measures or the remaining alternatives described in the EIR will occur during review of any development project for the site which may subsequently be submitted. DLP:IJ-S/8 BOGUEI/6 -15-