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HomeMy WebLinkAboutMINUTES - 09101996 - D14 D. 14 TO: BOARD OF SUPERVISORSContra y Costa FROM: HARVEY E. BRAGDON County OF COMMUNITY DEVELOPMENT r DATE: SEPTEMBER 10, 1996 SUBJECT: NEED FOR CLARIFICATION ON PUBLIC HEARING PROCESS FOR SAN RAMON/ DANVILLE AREA PROJECTS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. REAFFIRM the Board of Supervisor's action on December 20, 1994 (attached), dealing with the duties of the County's three planning commissions. B. DIRECT staff to process an ordinance amendment which clarifies the duties of the three commissions consistent with that prior Board direction. C. CLARIFY that the County Planning Commission (CPC) is the official hearing body for the Dougherty Valley (Phase 2), Wendt Ranch and Tassajara Meadows projects. D. RATIFY the proposed hearing schedules (Attachments 1 , 2, and 3). FISCAL IMPACT The cost of staff time and for facilities for the public hearings on these projects and for preparation of the ordinance code changes. CONTINUED ON ATTACHMENT: X YES SIGNATUR ACTION OF BOARD ON September 10, 1996 APPROVED AS ECOM DED I OTHER_ IT..IS"'BY. THE BOARD ORDERED that staff's Recommendations A, B, and C are APPROVED; and Recommendation D is APPROVED with Attachment 3 modified to show correcte&hearing dates. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: Ty y II NOES: T TTT AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. p Contact: James Cutler (510/335-1236) ATTESTE l` cc: Community Development Department (CDD) 4PIL BATCHELO , CLER OF County Administrator THE BOARD OF SUPERVISORS Public Works Department AND COUNTY ADMINISTRATOR County Counsel Applicants (via CDD) B , DEPUTY JWC:gms p16\bo/HrgProc.SRA Need for Clarification on Public Hearing Process for San Ramon/ Danville Area Projects Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Each recommendation is discussed below: A. REAFFIRM Prior Board Policy on Roles of the Commissions In the fall of 1994, the Community Development Department, in consultation with representatives of the Regional Planning Commissions and the Internal Operations Committee, worked out the General duties of the various planning commissions. On December 20, 1994, the Board of Supervisors approved a report from the Internal Operations Committee which extended the lives of the regional commissions and outlined the way the Ordinance Code, continuing the existence the regional commissions, should be interpreted. A copy is attached. This Board direction indicated that for General Plan amendment requests or Specific Plan proposals generating over 1,500 peak hour trips or for subdivision applications over 1 ,500 units within a regional planning commission jurisdiction and part of a larger project, that the CPC will be the official hearing body. Regional Planning Commissions would have primary jurisdiction over smaller projects according to the Ordinance Code. The Board's action reflected the view that projects which exceed this threshold were Countywide in scope and impact and should be reviewed from a Countywide perspective. The Board of Supervisor's December 20, 1994 action clearly spells this approach out. That Board action directed this policy was in effect until October 2, 1995 since that was when the regional commissions were set to expire. The Board action anticipated, that in late 1995 these policies would be reviewed when consideration of extension of the regional commissions was scheduled to take place. Unfortunately, the action extending the Commissions on September 26, 1995, merely extended the Commissions time frame until October 7, 1995. It made no reference to the prior Board direction on large projects as outlined in the December 12, 1994 Board Order. The Board Order of September 26, 1995, extending the regional commissions, reference the continued work on Dougherty Valley, Tassajara Valley Property Owners Association, and Cowell Ranch. It failed to clarify that the existing Board policy on large projects was carried forward along with the Regional Commissions extension. The failure to include the roles of the Commission within the ordinance code appears to have been an oversight. The remedy is to REAFFIRM that policy until the ordinance code can be clarified in this regard. B. DIRECT STAFF to process an ordinance code amendment. If the board wishes to reaffirm the policy listed above, staff should follow-up with an amendment to codify that policy. C. CLARIFY that the CPC is the hearing body for the review of the Dougherty Valley (Phase 2), the Wendt Ranch and Tassajara Meadows projects. JWC:gms p16\bo\HrgProc.SRA Need for Clarification on Public Hearing Process for San Ramon/ Danville Area Projects Page 3 As indicated above, the Board action of December 20, 1994 greatly simplified the public hearing process for projects that contain 1,500 residential units or that are a component part of a project larger than 1,500 units. Staff is in need of additional guidance on how to best proceed with consideration of the Dougherty Valley (Phase 2), Wendt Ranch and Tassajara Meadows projects. 1. Dougherty Valley When the original Dougherty Valley project was considered in 1992, the CPC was the "official hearing body" for that effort, however, joint hearings were held with both the CPC and SRVRPC. After the public hearings were complete, each Commission considered recommendations separately. Under the December 20, 1994 Board decision, only the CPC would need to hold hearings on the next phase of the Dougherty Valley approvals. 2. Wendt Ranch and Tassajara Meadows In late 1995, the Board of Supervisors considered requests for the authorization of both these,projects. Both were historically part of the Tassajara Valley Property Owners Association (TVPOA) project. At the Board meeting at the Clayton Library, a range of opinions and approaches were presented on how integrated planning would be approached in the area. Ultimately, it was decided to separate the Tassajara Meadows project totally from the TVPOA proposal, and it was to be processed separately without reference to TVPOA. The decision was slightly different as it related to the Wendt Ranch project. Here the Board decided that the Wendt Ranch project could also be authorized as a separate plan amendment, but that it should ontinue to be considered as a part of the larger TVPOA proposal. n discussion on timing, our staff indicated to the Board that it was anticipated that the TVPOA EIR would be out first and that the Wendt Ranch EIR would follow. This has not turned out to be the case. The TVPOA EIR has been delayed, well beyond staff expectations, to allow for adequate time to explore traffic solutions in the area that would be required for consideration of the project. Both the Wendt and Tassajara Meadows Draft EIR's have been released for public review; TVPOA's Draft EIR is anticipated to be released in October or November. Since many of the environmental issues would be similar for both projects, the same environmental consultants, Environmental Science Associates, was hired to do both jobs. Traffic issues and public services issues appear to tie these two projects together. In fact, if East Bay Municipal Utility District (EBMUD) requires a new water tank to be constructed to serve these two projects, the Draft EIRs examines JWC:gms p16\bo\HrgProc.SRA J Need for Clarification on Public Hearing Process for San Ramon/ Danville Area Projects Page 4 a site on Dougherty Valley lands. It is becoming difficult to separate off-site requirements for these two projects. Since the Wendt Ranch hearing body is presumed to be the CPC (based on prior Board action discussed above), it might be practical and consistent to have the same hearing body hear both applications. If this is desired, the CPC should be the official hearing body for all three projects. D. PROVIDE guidance on the hearing schedule as may be appropriate. The applicants for all three projects have urged County staff to insure action on their applications by the current Board of Supervisors since they are familiar with the requests and the issues surrounding them. Staff is not in a position to respond to that request. Once items are scheduled before a Planning Commission or the Board of Supervisors, those bodies have ultimate control over the decision making process and whether or not items will be continued on their agendas. Staff indicated that since guidance was needed on hearing bodies, we would mention this to the Board so that the Board could give further direction on this matter, if so desired. To help understand the issues involved with this, attached are schedules for the three projects based on the most optimistic assumptions. As can be seen, these schedules are very tight! To meet these schedules, all the following need to occur and be allowed to occur: 1 the close of comments date for the EIR's needs to be maintained; 1 the staff will need to anticipate that certain actions will occur on a given date so that public hearings can be adequately noticed for the next superior hearing body; 1 the opportunity for additional public hearings will be limited due to hearing notice legalities; 1 that there are no good reasons for additional continuances of public hearings; 1 recognize that the Better Government Ordinance time lines for release of written information may not be achievable; and 1 that the technical production efforts allows the schedule to be met and that adequately sized meeting places are available. JWC:gms p16\bo\HrgProc.SRA Attachment 1 DOUGHERTY VALLEY PROCESSING SCHEDULE AS OF 9104196 1. NOTICE OF PREPARATION (NOP) MAILED COMPLETE 2. EIR CONSULTANT STARTS GENERAL INFO COMPLETE GATHERING AND FORMATTING 3. NOP RESPONSES DUE (45days) COMPLETE 4. ADMINISTRATIVE DRAFT EIR COMPLETE 5. REVIEW OF DRAFT EIR COMPLETE 6. SCREEN DRAFT EIR REVIEW 8/27/96 7. CIRCULATE DRAFT EIR 8/30/96 8. DVOC MEETING 9/18/96 9. ZA HEARING ON DRAFT EIR 9/23/96 10. COUNTY PC HEARING 10/8/96 11. CLOSE COMMENT DEIR (45 days) 10/14/96 12. SCREENLINE DRAFT RESPONSES TO COMMENTS 10/28/96 13. FEIR PUBLISH 10/29/96 14. ZA HEARING ON FEIR 11/4/96 15. CONTINUED COUNTY PC HEARING/DECISION 11/5/96 16. BOS PUBLIC HEARING 11/12/96 17. CONTINUED BOS PUBLIC HEARING/DECISION 11/19/96 j\audrey\dv-rev.sch Attachment 2 WENDT RANCH PROCESSING SCHEDULE AS OF 9/04/96 1. NOTICE OF PREPARATION (NOP) MAILED COMPLETE 2. EIR CONSULTANT STARTS GENERAL INFO COMPLETE GATHERING AND FORMATTTING 3. NOP RESPONSES DUE (45 days) COMPLETE 4. ADMINISTRATIVE DRAFT EIR COMPLETE 5. REVIEW OF ADEIR COMPLETE 6. SCREEN DRAFT EIR REVIEW COMPLETE 7. CIRCULATE DRAFT EIR COMPLETE 8. ZA HEARING ON DRAFT EIR 9/23/96 9. CLOSE COMMENT DEIR (45 days) 10/7/96 10. COUNTY PC HEARING 10/8/96 11. FEIR PUBLISH 10/30/96 12. ZA HEARING ON FEIR 11/4/96 13. CONTINUED COUNTY PC HEARING/DECISION 11/5/96 14. BOS PUBLIC HEARING 11/12/96 15. CONTINUED BOS HEARING/DECISION 11/19/96 j\a ud rey\wendtrev.sch Attachment 3 TASSAJARA MEADOWS PROCESSING SCHEDULE AS OF 9110/96 1. NOTICE OF PREPARATION (NOP) MAILED COMPLETE 2. EIR CONSULTANT STARTS GENERAL INFO COMPLETE GATHERING AND FORMATTING 3. NOP RESPONSES DUE (45 DAYS) COMPLETE 4. ADMINISTRATIVE DRAFT EIR COMPLETE 5. REVIEW OF ADEIR COMPLETE 6. SCREEN DRAFT EIR REVIEW COMPLETE 7. CIRCULATE DRAFT EIR COMPLETE 8. ZA HEARING ON DRAFT EIR 9/23/96 9. CLOSE COMMENT DEIR (45 days) 10/7/96 10. COUNTY PC HEARING 10/8/96 11. FEIR PUBLISH 10/30/96 12. ZA HEARING ON FEIR 11/4/96 13. CONTINUED COUNTY PC HEARING/DECISION 11/5/96 14. BOS PUBLIC HEARING 11/12/96 15. CONTINUED BOS HEARING/DECISION 11/19/96 j\audreyltassmdrv.sch _ ac i ,o, 1 Attachment 4 To: - BOARD OF SUPERVISORS Contra INTERNAL OPERATIONS COMMITTEE . f �y `ROM: _ Costa December 12, 1994 w County DATE: CONTINUATION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION AND SUBJECT: SAN RAMON VALLEY REGIONAL PLANNING COMMISSION SPECIFIC REOUEST(S)OR RECOMMENDATIONS)6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . CONTINUE the East County Regional Planning Commission and San Ramon Valley Regional Planning Commission until October 2, 1995. 2. REQUEST the Director, Growth Management and Economic Development Agency (GMEDA) to report to the Board of Supervisors on the activity of the two regional planning commissions and on the implementation of the following } recommendations well in advance -of October 1, 1995. 3. DIRECT that, until October 2, 1995, the general duties of the Commissions be as follows : A. County Planning Commission: ' 1 . Countywide general plan text or map amendments . 2 . General Plan amendment requests or Specific Plan proposals for projects generating over 1500 peak hour trips . 3 . Subdivision applications over 1500 units within a regional planning commission geographic area when such subdivision is part of a larger project which project would be countywide in impact. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMI TRXTOR �r RECOMMENDATION OF BOARD COMMITTEE .APPROVE O H SIGN,TURE s: JE O 1DeSAULNIER ACTION OF BOARD ON a ember 20, 1994 APPROVED AS RECOMMENDED OTHER -VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN /// AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED ^' 9 X-D �V 1q4 Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF CC: See Page 4 SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 4 . Non-residential or mixed use projects generating 1500 peak hour trips within a regional planning commission's geographic area when such project is part of a larger project which project would be countywide in impact. 5. Zoning ordinance text amendments. 6. All other duties presently performed by the Commission. 7 . Other matters specifically referred by the Board of Supervisors. B. Regional Planning Commissions: 1. General Plan amendment requests or Specific Plan proposals for projects up to 1499 units when such amendments or proposals are not part of a larger project which large project would be countywide in z impact. 2 . Subdivision applications between 101 units and 1500 units, when such applications are not part of a larger project which large project would be countywide in impact. 3 . Non-residential or mixed use projects generating between 101 and 1500 peak hour trips, when such projects are not part of a larger project which large project would be countywide in impact. 4 . As Board of Appeals to consider appeals of decisions of the Zoning Administrator. 5. Holding meetings and taking testimony on local proposed public works projects in order to provide insights and recommendations to the Board of Supervisors and the originating Department (i .e. , Public Works, General Services, etc. ) . 6 . Other matters specifically referred by the Board of Supervisors. 4 . DETERMINE that under the County's adopted CEQA guidelines, the division of the Planning Agency for hearings on Draft Environmental Impact Reports is determined by the Director of Community Development (the Board of Supervisors may express a preference when reviewing proposed schedules for major items) . 5. REQUEST the County Planning Commission to continue to meet in various areas of the County when appropriate and to meet jointly with the Regional Planning Commission when a project of countywide impact is proposed within the regional commission's geographic area. The implementation of this request should take into consideration the County Planning Commission's other hearing obligations and hearing schedules . In this regard, note that in the past two months the County Planning Commission met: A. In North Richmond on October 4, 1994, to conduct a public hearing to rezone the' area to P-1 . B. In Rodeo on October 4, 1994, to conduct a public hearing on the Unocal Clean Fuels Project. C. In the San Ramon Valley on October 19, 1994, October 26, 1994, and November 9, 1994 in joint public hearings with the San Ramon Valley Regional Planning Commission to consider the "Country Club at Gale Ranch" project. 2 6 . DIRECT the Zoning Administrator to conduct evening hearings in San Ramon Valley, East County, and West County on projects located in those geographic areas, consistent with the requirements of the Permit Streamlining Act. Such meetings should start in January or as activity warrants . 7. DIRECT the Community Development Director to monitor the activities of the three Commissions and the Zoning Administrator and report back to the Board of Supervisors as part of the Department's budget presentation for the 1995-1996 County Budget. In addition, DIRECT the Community Development Director to include within the Department 's budget request for the 1995-96 fiscal year projections of anticipated planning, and general plan proposals with plan implementation and application work load for the 1995-96 and 1996-97 fiscal years and the possible impact of these activities on Commission activities. 8. REMOVE this subject as a referral to the 1994 Internal Operations Committee. } BACKGROUND: On October 18, 1994, the Board of Supervisors approved a report from our Committee which included the following directions to staff: 1 . DIRECT the Director, Growth Management and Economic Development Agency, to return to our Committee on December 12, 1994 with additional information on the County Planning Commission and Regional Planning Commissions, to include at least the following: J Additional clarification of criteria by which a decision is made (or could be made in the future) to refer a given application to the County Planning Commission rather than one of the regional planning commissions . J What are the local concerns and what are the regional concerns that should influence the decision to refer an application to the County Planning Commission as opposed to one of the regional planning commissions? What procedure and process could be used to get the County Planning Commission and Zoning Administrator into the community more often in order to insure local input on issues? What process can the Board of Supervisors implement to most effectively insure that both local concerns and regional concerns are heard and fully considered without tilting the process either toward local concerns or regional concerns? 2 . DIRECT the Director, Growth Management and Economic Development Agency, to invite the members of the County Planning Commission and regional planning commissions to provide their comments and recommendations on what steps the Board of Supervisors can take to improve the process of insuring that we have in place as objective a system as possible for receiving and considering all relevant local issues and concerns as well as all relevant regional issues and concerns . On December 12, 1994 our Committee met with Val Alexeeff, Harvey Bragdon, Dennis Barry, Vic Westman and representatives from the San Ramon area and the East County Regional Planning Commission. Mr. Bragdon reviewed the attached report, which we agreed to endorse as presented. 3 • YI / Representatives from the East County Regional Planning Commission. indicated their opposition to the October, 1995 sunset date for further review of the Regional Planning Commissions and also voiced their opposition to the use of the 1500 unit figure for the County Planning Commission. They indicated they would prefer that the Regional Planning Commissions be left with authority up to 2500 units . It is the opinion of our Committee that it will be important to maintain flexibility and communications among the Commissions and between the Commissions and County staff. We are asking for presentations as a part of the Department's budget presentations this coming summer and are also asking that the Department report back with an update on the activity of the Commissions and on the implementation of the above recommendations well in advance of October 1, 1995 so that the Board of Supervisors has time to make a reasoned decision regarding the future of the Regional Planning Commissions . x cc.: County Administrator Val Alexeeff, Director Growth Management & Economic Development Agency Harvey Bragdon, Community Development Director Victor J. Westman, County Counsel 4 CONTRA COSTA COUNTY GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT DEPARTMENT DATE: December 7, 1994 TO: internal Operations Committee FROM: Val Alexeeff, Director W SUBJECT: Regional Planning Commissions RECOMMENDATION: i I. The San Ramon Valley and the East County Regional Planning Commissions.be continued to at least October 2, 1995. II. Until October 2, 1995, the Board of Supervisors directs that the general duties of the Commissions be as follows: A. County Planning Commission: 1. Countywide general plan text or map amendments. 2. General Plan amendment requests or Specific Plan proposals for projects generating over 1500 peak hour trips. 3. Subdivision applications over 1500 units within a regional planning commission geographic area when such subdivision is part of a larger project which project would be countywide in impact. 4. Non-residential or mixed use projects generating 1500 peak hour trips within a regional planning commission's geographic area when such project is part of a larger project which project would be countywide In impact. 5. Zoning ordinance text amendments. 6. All other duties presently performed by the Commission. 7. Other matters specifically referred by the Board of Supervisors. B. Regional Planning Commissions: 1. General Plan amendment requests or Specific Plan proposals for projects up to 1499 units when such amendments or proposals are not part of a larger project which large project would be countywide in impact. 2. Subdivision applications between 101 units and 1500 units,when such applications are not part of a larger project which large project would be countywide In impact. 3. Non-residential or mixed use projects generating between 101 and 1500 peak hour trips, when such projects are not part of a larger project which large project would be countywide in impact. 4. As Board of Appeals to consider appeals of decisions of the Zoning Administrator. 1 5. Hold meetings and taking testimony on local proposed public works projects in order to provide insights and recommendations to the Board of Supervisors and the originating Department (i.e., Public Works, General Services, etc.). 6. Other matters specifically referred by the Board of Supervisors. III. CEQA Under the County's adopted CEGA guidelines, the division of the Planning Agency for hearings on Draft Environmental Impact Reports is determined by the Director of Community Development(the Board of Supervisors may express a preference when reviewing proposed schedules for major items). IV. Request the County Planning Commission continue to meet in various areas of the County when appropriate and to meet jointly with the Regional Planning Commission when a project of countywide impact is proposed within the regional commission's geographic area. The implementation of this request should take into consideration the County Commission's other hearing obligations and hearing schedules. In the last two months the County Planning Commission met: (1) In North Richmond on October 4 to conduct a public hearing to rezone the area to P-1. - 2 - (2) in Rodeo on October 4 to conduct a public hearing on the Unocal Clean Fuels project. (3) In the San Ramon Valley on October 19, October 26 and November 9 in joint public hearings with the San Ramon Valley Regional Planning Commission to consider the "Country Club at Gale Ranch" project. V. Direct the Zoning Administrator to conduct evening hearings in San Ramon Valley, East County and West County on projects located In those geographic areas, consistent with the requirements of the Permit Streamlining Act. Such meetings should start in January or as activity warrants. VI. Direct the Department of Community Development to monitor the activities of the three Commissions and the Zoning Administrator and report back to the Board of Supervisors as part of the Department's budget proposal. In addition, the Department's budget proposal stall include projections of anticipated planning, general plan proposals with plan implementation and application work load for the next fiscal years 1995-1996, 1996-1997 and the possible impact z on Commission activities. DISCUSSION: The recommendations would allow the Board to define the roles of the various units in the Planning Agency, put the policy in action, allow for nine or ten months of evaluation of the roles and activities, and then, within the context of the County's budget process, make a decision. VA:gg cc: Supervisor Tom Powers Supervisor Jeff Smith Supervisor Gayle Bishop Supervisor Mark DeSaulnier Supervisor Tom Torlakson Harvey Bragdon, Community Dev. Director Victor J. Westman, County Counsel - 3 - n Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. i T— A R.T Phone: 5 c — S 6 7— � S`76'5 Cx v.y o� la c`,nn owe I am speaking for myself._or organiution: ��vvk Ck� v'o C CHECK ONE: I wish to speak on Agenda Item #= Date-11.k- MY ate: 1- tMy comments will be: general _.Jbr._&SWns _____- I wish to speak on the subject of I do not wish to speak but leave comments for the Board to vn *der-. Avc--Ac-bk n f0 - — t m ell cr cr cr, t y� r 7 ry Y F f4 f r� F IlatAy i a � � xt �.�� .4o'G°E "fit y"��` •Y ��A1 Q d 'Gr � 47 y � 3 Q � 0 n If you like an ant you'll love Sue Rainey TharDougherty alley ,airs fo, "Khomes, 30,000 now -people and 160, icle trips, _77*a r Advocate for limited growth Since 1979, an employee and ]Leads opposition to the spokesperson for real estate Dougherty Valley development and development interests Supported by leadership of: ]President, Contra Costa Development Council • ]League of Conservation Voters Supports Dougherty development • Save our Hills Supported by: • Sierra Club o Dougherty Developers • ]Leaders of Alamo Improvement (Shappel Industries) Association o Developers' ]Political Action o 1,000's of concerned Committees homeowners Paid for by Friends of Gayle Bishop,George Hall,Treasurer; 1601 North Main Street,Suite 205,Walnut Creek,CA 94596 1.D.#911618