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HomeMy WebLinkAboutMINUTES - 08131985 - 1.43 A r 4 ORDINANCE 85- 47 AN ORDINANCE ADOPTING AN ACQUISITION AND DEVELOPMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY, THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT. The Board of Supervisors of Contra Costa County hereby ordains as follows: Section 1. Findings. (a) The Board of Supervisors have been presented a proposed Acquisition and Development Agreement ( "Agreement" ) between Contra Costa County ( "County" ) , the Contra Costa County Redevelopment Agency ( "Agency" ) and the San Francisco Bay Area Rapid Transit District ( "BART" ) which agreement is by reference incorporated in this Ordinance, and is on file in the office of the Clerk of the Board of Supervisors. The Agreement constitutes a development agreement pursuant to Government Code Sections 65864 et. seq. between the County and BART with respect to the BART Development Property ( as defined in the Agreement) which is located within the unincorporated territory of the County in the vicinity of the Pleasant Hill BART station. The Agreement also provides for the Agency to undertake the construction of certain public improvements in the area of the BART Development Property ( including access road and parking lot improvements) and provides for certain transfers of property and property interests between the County, the Agency and BART in order to facilitate construction of public roads in the vicinity of the BART Development Property, to facilitate development of properties in the vicinity of the BART Development Property. (b) The Board has previously adopted a specific plan ( "Specific Plan" ) for the BART Development Property and surrounding properties. After public hearing, the Planning Commission reviewed the Agreement, found that it conforms with the Specific Plan and the General Plan and recommended that the Board approve and enter into the Agreement. The Board has held a duly noticed public hearing regarding the Agreement and after that hearing and consideration of the oral and written evidence presented at the hearing hereby finds and determines that the development contemplated by the Agreement is in conformance with the Specific Plan and the General Plan in that such development is within the limits of development set forth in the Specific Plan including limits on use, density and height, that the construction of public improvements contemplated by the Agreement is in conformance with the Specific Plan and the General Plan in that such construction conforms with the requirements of the Specific Plan for construction of public improvements in the area governed by the Specific Plan and that the transfers of property contemplated by the Agreement conform to the Specific Plan and -1- n the General Plan in that such transfers are necessary to permit construction of the public improvements contemplated by the Specific Plan and the assemblages of property for private development contemplated by the Specific Plan. (c) In conjunction with approval of the Specific Plan, an Environmental Impact Report ( "EIR" ) was prepared and certified which EIR considered the impacts of development of the area governed by the Specific Plan (including the BART Development Property) in the manner contemplated by the Specific Plan and the Agreement. The Board hereby finds and determines that no further environmental impact analysis or approval is required in connection with approval of the Agreement in that the environmental impacts of the development, construction of public improvements and property transfers contemplated by the Agreement were considered in the EIR prepared in conjuction with the Specific Plan, in that the Agreement does not propose substantial changes in development, construction of public improvements or property transfers from that contemplated by the Specific Plan and the EIR prepared in conjuction with the Specific Plan, in that there have been no substantial changes with respect to the circumstances relating to the Secific Plan, and in that no new information has been presented to the Board which was not known and could not have been known at the time the EIR prepared in conjuction with the Specific Plan was certified. The Board further hereby finds and determines that adoption of the Agreement will implement mitigation measures specified in the EIR prepared in conjuction with the Specific Plan in that the Agreement provides for payment of a development fee in connection with development of the BART Development Property to defer a portion of the costs of public improvements in the area governed by the Specific Plan, in that the Agreement provides for construction of and tranfers of property necessary for construction of some of the public improvements which mitigate the environmental impacts associated with development of the area governed by the Specific Plan and in that the Agreement provides for further review of development proposals for the BART Development Property. (d) The Board hereby finds and determines that approval and execution of the Agreement is in the best interests of the County and will forward the health, safety and welfare of the County, its citizens and its residents in the vicinity of the area governed by the Specific Plan in that the Agreement provides for development of the BART Development Property in accordance with the limitations of the Specific Plan, in that the Agreement provides for development at a location which is already served by the public transit ( including BART and the Contra Costa County Transit Authority) freeways and major arterials, in that the Agreement provides for development that is likely to create employment opportunities for residents of the County, in that the Agreement provides for development which will increase tax revenue to the County and the Agency, -2- and in that the adverse environmental impacts of the development contemplated by the Agreement will largely be mitigated because of the provisions of the Specific Plan and the mitigation measures to be carried out pursuant to the Specific Plan and the Agreement. (e) The Board hereby finds and determines that a development agreement with BART pursuant to Governmental Code Sections 65864 *ds an appropriate method of requlating development of the BART Development Property in that the Agreement provides assurances regarding land use regulations applicable to the BART Development Property so as to allow BART, the County and the Agency to undertake additional planning, construction, and financial commitments necessary to allow for development of the BART Development Property and surrounding areas governed by the Specific Plan in the manner contemplated by the Specific Plan. Section 2 . Overruling of Objections . All written and oral objections to the approval and adoption of the Agreement are hereby overruled. Section 3 . Approval of Agreement. After holding a duly noticed public hearing, the Board hereby approves and adopts the Agreement and authorizes its execution by the Director of Community Development in substantially the form and substance as set forth in the Agreement which is on file in the Office of the Clerk of the Board of Supervisors and in accordance with the procedures set forth in Board Resolution 85/412 setting forth procedures and requirements for the consideration of development agreements. Section 4 . Effective Date. This Ordinance shall take effect thirty ( 30) days after its passage and adoption. Before the expiration of fifteen ( 15 ) days after its passage and adoption, this Ordinance shall be published once in the Contra Costa Times , a newspaper of general circulation published and printed in the County of Contra Costa. Section 5 . Recordation The Clerk of the Board is directed to record the Agreement in the Official Records of the County of Contra Costa following the effective date of this Ordinance. Passed on August 13 , 1985 by the following vote. AYES: Supervisors Powers , Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None -3- ABSTAIN: None O Attest: Phil Batchelor, Clerk 0 the Board of Supervisors and County Adriinistrator Deputy Cler of the Board Board Cha (SEAL) A15301 , #007 r I -4-