HomeMy WebLinkAboutMINUTES - 11011983 - 1.5 (3) TO: BOARD OF S1(-:$RVISORS +
/FROM: Anthony A. Dehaesus, Director of, Planning Contra
J John B. Clausen, County Counsel Costa
/! DATE: October 25, 1983 @ County
SUBJECT: Station West Associates
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
We would recommend that the Board approve the subject agreement as to format and concept
only.
BACKGROUND/JUSTIFICATION
On October 4, 1983, the Board referred a letter from J. H. Filice dated September 16, 1983
regarding a proposed agreement that would be executed by the County and Mr. Filice's
clients. The agreement proposes that if Mr. Filice's clients, Station West Associates,
are allowed to erect an office building utilizing the bonus provisions of the Pleasant Hill
BART Station Specific Plan, they must achieve the 30% Transportation Systems Management
(TSM) mitigation required by the Plan. If Station West Associates is unable to achieve
the required mitigation, then the agreement would allow the County to take a number of
different measures to directly implement the TSM including the recovery of its cost from
the applicants.
The agreement offered by Mr. Filice doesn't bind the County's Planning Agency (the Board,
the Planning Commission, etc. ) to its specified TSM program because the agreement provides
that its TSM program may be modified by the County when considering the entitlements
(P-1 rezoning and Development Plan approval ) which must be obtained by Station West
Associates prior to development. A binding agreement on the scope of a TSM program for
any particular proposed development can only be entered by the Board at the conclusion of
the hearing process on requested entitlements after full public participation and a Plan-
ning Commission recommendation.
Should the Board determine to accept the concept of this agreement, it is recommended that
your approval order indicate that such action is not intended to be a direction to the
Planning Commission to limit its consideration of an appropriate TSM program to that spe-
cified in Mr. Filice's agreement when subsequently reviewing Station West Associates '
entitlement requests.
John B. Clausen
County Counsel
By :A;
Anthony A. Dehaesus
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE /J OTHER
SIGNATURE(S) )/?
C
ACTION OF BOARD ON q APPROVED AS RECOMMENDED OTHER
** In deference to the fact that the agreement was not reviewed by the
Steering Committee established to study the Pleasant Hill BART Station
Specific Plan.
VOTE OF SUPERVISORS
UNANIM U (AGENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES:
_AW
NOES: * AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD JS
OF SUPERVISORS=NTHE
DATE SHOWN.CC: Director of Planning ATTESTED `0
County Counsel J.R. OLSSON, COUNTY CLE"
County Administrator AND EX OFFICIO CLERK OF THE BOARD
J. H. Filice
970 West Green St.
M382/7-83Martinez, CA 94553 BY DEPUTY