HomeMy WebLinkAboutMINUTES - 01121988 - 2.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 12 , 1988 , by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: S. H. Cowell Foundation Request for General
Plan Amendment in the Marsh Creek Area
The Board received a request dated November 17, 1987
from the S. H. Cowell Foundation to initiate a General Plan
Amendment and Specific Plan for approximately 4,907 acres in the
Marsh Creek area.
The Board received the attached report dated December
29 , 1988 from Harvey E. Bragdon, Community Development Director,
recommending denial of said request.
Dennis Barry, Community Development Department, advised
that the requested General Plan Amendment was for 7,692 dwelling
units together with a business park, commercial area and convention
center on 658 acres, with 129 acres proposed for agricultural use
and the remaining 2436 acres designated as open space areas. Mr.
Barry stated that in the County General Plan Review, the combined
City and County General Plan for the area could easily accommodate
the population that is projected for the horizon year 2005. He
commented on the growth management element in the General Plan
Review which establishes appropriate restrictions against urban
development and enhancement of agriculture. He noted that the
Board had adopted a policy in August 1986 against the conversion of
open space and agricultural lands to developed lands until the
General Plan Update is completed. Mr. Barry stated that based on
these factors, the Community Development Department recommended
that the Board not authorize the General Plan Amendment study
requested by they S. H. Cowell Foundation.
Max Thelen, Jr. , President of the S. H. Cowell
Foundation, stated that while he understood that the Board may wish
to withhold action on General Plan Amendments while the General
Plan Update is in progress, the S. H. Cowell Foundation request for
a study had been excluded from the General Plan review process.
He commented on the strategic importance of the property and its
current use for a number of public purposes. Mr. Thelen stated
that the trustees of the Cowell Foundation were obligated to
proceed to move the property toward development. He noted that it
is unrealistic to believe that the property will not impact the
surrounding area, and advised that the Cowell Foundation wished to
coordinate development with the involved jurisdictions. He
requested that the matter be referred to the General Plan Congress
for consideration of the establishment of a special plan area for
the property.
Mark Evanoff, representing People for Open Space,
commented on the need to revitalize cities in the County as opposed
to opening up open space areas to development, and urged the Board
to deny the Cowell Foundation request.
David Nesmith, representing the Sierra Club, commented
on the need for a jobs/housing balance and the current and
projected traffic problems, and urged the Board to deny the Cowell
Foundation request.
1
Supervisor Tom Powers noted that the Cowell Foundation
is close to the City of Brentwood and expressed concern that the
General Plan Congress may not be taking into consideration the
development planning of the various cities in the County. He
commented on the need for coordinated regional planning, and
suggested that the S. H. Cowell Foundation request be referred to
the General Plan Congress with direction to look at coordinated
development between jurisdictions.
Supervisor Tom Torlakson commented on the currently
proposed growth in the East County area and the impact on the
infrastructure. He stated that he did not believe the regional
road and services system would be able to handle the impact of the
proposed development of the Cowell Foundation property. He con-
curred with the staff recommendation to deny the Cowell Foundation
request and agreed that coordinated regional planning should be
discussed by the General Plan Congress.
Supervisor Robert Schroder stated that there are a
number of unique areas in the County, similar to the Cowell
Foundation property, that perhaps should be given consideration as
special planning areas. He concurred with the staff recommendation
to deny the request to initiate a General Plan Amendment for the
Cowell Foundation property, but noted that the General Plan
Congress should take these unique areas into consideration in their
deliberations.
After further discussion by Board members, IT IS ORDERED
that the request for a General Plan Amendment study on the S. H.
Cowell Foundation property in the Marsh Creek area is DENIED.
IT IS FURTHER ORDERED that the Community Development
Department is DIRECTED to prepare options for the Board' s consider-
ation for subsequent referral to the General Plan Congress, for
approval by the Board on January 19 , 1988 .
cc: Community Development Director
S. H. Cowell Foundation
County Administrator
I hereby certify that this is a true and correct copy of
an action taken and entered on tree minutes of the
Board of Superv" rs on the date shown.
ATTESTED: � �—
PHIL BA CHELOIR, erk of the Board
of Supervisors and County Administrator
By , Deputy
2
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon
Director of Community Development
DATE: December 29, 1987
SUBJECT: S. H. Cowell Foundation Request for General Plan Amendment and
Specific Plan for approximately 4,907 acres in the Marsh Creek Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Decline to authorize initiation of a General Plan Amendment
Study on the S. H. Cowell Foundation Property in the Marsh Creek
Road area.
FISCAL IMPACT
None if the recommendation is adopted; indeterminate impact if
the request authorization is approved. Fiscal impact of the
requested General Plan Amendment would be a subject of study if
the request were approved.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On December 2, 1987 , the Community Development Department
received the attached request from the Cowell Foundation to
initiate a General Plan Amendment and Specific Plan on
approximately 4 , 907 acres in the Marsh Creek area.
The requested amendment would accommodate 7 , 692 dwelling units
in a variety of densities, along with an unspecified amount of
Commercial, Business Park and convention center square footage on
approximately 658 acres. About 129 acres are shown in the
proposal for agricultural use and the remainin2,44431163c s
would be designated as Open Space.
CONTINUED ON ATTACHMENT: YES SIG NA
RECOD9 ENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT ON OFAOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
ERVISORS ON THE DATE SHOWN.
cc: Community Development ATTE
County Administrator HIL BATCHELOR, CLERK OF
County Counsel BOARD OF SUPERVISORS
Public Works AND OUNTY ADMINISTRATOR
S. H. Cowell Foundation
260 California St. , Suite 501 BY , DEPUTY
San Francisco, CA 94111
The majority of the property is currently designated
Agriculture Residential in the East County Area General Plan,
with small portions designated General Open Space and
Agricultural Core in the area below Marsh Creek Road and in
the vicinity of Kellogg Creek, respectively.
ANALYSIS:
Staff finds that the amendment is premature for a variety of
reasons. First, the analyses being conducted in connection
with the Co-untywideL General Plan Review Program indicate that
the level of lands committed to urban uses in both the city
and County General Plans is more than sufficient to meet the
projected housing and employment needs anticipated for the
year 2005, the horizon year for the plan. Both the
Association of Bay Area Governments and the State Department
of Finance project a 2005 population for Contra Costa of
approximately 901,000, while the composite of city and county
plans would accommodate a population of some 919, 000 persons.
In terms of employment, ABAG projects 379,400 jobs in the
County for the year 2005. We estimate that existing city and
County General Plans combined allow sufficient acreage for
about 392 , 500 jobs. The proposed General Plan amendment could
add approximately 18, 000 persons to the County population at
buildout, depending upon the actual vacancy rate and number of
persons per household. Although we have not estimated the
number of employees associated with buildout of the
non-residential component, it is unlikely that either the
residential or non-residential components could be planned,
built and occupied prior to the horizon year of 2005, due to
the availability of lands currently planned for urban use more
proximate to urban service providing agencies.
Secondly, the property is currently subject of a Williamson
Act Land Conservation Contract upon which notice of
non-renewal has been filed. The contract will expire on the
last day of February, 1996 . Staff does not agree that it is
appropriate to change the General Plan designations of
properties under contract so far prior to expiration of the
contract, especially in light of the lack of a well defined
need for the proposed land uses as indicated above.
Thirdly, since the project area is under the - Williamson Act
contract, it is not located within any urban service district
or city or special district sphere of influence..
On April 29, 1986 the Board adopted recommendations of the
Growth Management Committee which are relevant to this
application for General Plan amendment:
"3 . That the County establish along with the growth
management element a General Plan process which draws
lines around all areas not now planned for urbanization
and establishes appropriate restrictions against urban
development and provides processes and programs for
enhancement of agriculture.
4. So as not to include any new lands for development before
the process and program in #3 above are finalized, all
applications for General Plan change in unincorporated
lands outside of city sphere of influence and sewer
district service areas shall be listed on the Board of
Supervisors agenda before processing. If the Board
determines that there is a threat to add development, the
Board will consider a moratorium. "
Staff does not suggest a moratorium as an appropriate action
at this time. However, it appears that authorization of a
General Plan amendment study for the subject property would
conflict with the cited adopted policies of the Board.
Further, on August 5, 1986, the Board adopted an additional
policy statement which is relevant to the subject request:
"Adopt a strong policy against the conversion of open
space and agricultural lands to developed lands until
the writing of the County General Plan update. "
Based in part on this policy language, the Board on January
27, 1987 unanimously refused to authorize a General Plan study
requested by Marguerite Wendt on 165 acres south of Camino
Tassajara in the area south of the Blackhawk community.
On November 5, 1987, staff presented the Planning Congress
with a request by the Cowell Foundation to include the
requested amendment in the General Plan Program currently
underway. Staff also related similar requests from other
property owners. Staff indicated to the Congress that we did
not think the request for inclusion was submitted in a timely
fashion, and that including the request would take
considerable time, delaying the review process. Following
discussion, the Planning Congress voted to deny the request of
the Cowell Foundation and to indicate that the Congress is not
open for other similar requests.
Based upon the foregoing factors, and considering the
referenced adopted policy statements, I find the request of
the S. H. Cowell Foundation to be premature and recommend that
the General Plan amendment request not be authorized.
DB/jb/cowell.bo
S.H. Cowell Foundation
TRUSTEES 260 California Street,Suite 501 EXECUTIVE DIRECTOR
Max Thelon,Jr. San Francisco, California 94111 `" t f'9tep53nie R.Wolf
President 415-397-0285
William P.Murray,Jr. _ 'i.t_ I
Vice President U
J.D.Erickson
Wells Fargo Bank,N.A.
George A.Hopiak November 27, 1987
Secretary/Treasurer
C v
187
Mr. Harvey Bragdon
Director of Community Development & ASSOC.
Contra Costa County $TED'
Community Development Department
651 Pine Street, 4th floor
Martinez , CA 94553
Subject: Cowell Marsh Creek Property
Assessor' s Parcels No. 007-070-003 , 007-070-004 ,
007-070-007 , 007-080-001, 007-080-002 , 007-090-005 ,
007-090-007 , 007-100-011 , 007-110-008 , 007-120-007 ,
007-120-012, 007-120-013, 007-120-017,007-150-005 ,
007-150-006, 007-150-007, 007-150-008 , 007-160-005 ,
007-160-006 , 007-160-007, 007-160-008 , 007-160-009,
010-050-004
Dear Mr. Bragdon:
The Cowell Foundation hereby requests an amendment to the
County General Plan. The current General. Plan Land Use
designation for the property is Agriculture. Notice of non-
renewal of the Williamson Act Contract has been given. Our
request is for a change .in the Land Use designation to Planned
Community as shown on the attached map (Exhibit A) .
We further. .request that the County initiate preparation of a
specific plan and environmental impact report for the Property,
for which the Cowell. Foundation will provide Hinds . The land use
plan proposed by the Cowell Foundation is enclosed (Exhibit B) .
The Cowell Foundation will provide information and plans for
utilities and infrastructure to serve the Property as regt,l7 rprl
for preparation of the Specific, Plan .
Tt is important for the County to amend the General. Plan for
the Cowell Marsh Creek Property now because of the rapidly
changing land use pattern in the region and ber-atise of the ma-;or
public facilities currently being planned that significantly
impact the property. Among those facilities are:
* Delta Expressway (All alternatives traverse the property) .
* Los Vaqueros/Kel. logg Reservoir. ( Includes a portion of the
property) .
C
Mr. Harvey Bragdon
Director of Community Development
November 27, 1987
Page Two
* Kellogg Detention Basin ( Includes a portion of the
property) .
* Bureau of Reclamation High Line Water Canal (Traverses the
property) .
* Enlargement (deepening) of the Marsh Creek Reservoir
(Located within the property) .
* Development of the John Marsh Home State Park (Located
within the property) .
* Round Valley Sanitary Landfill (Located near the property -
all access routes through the property) .
* East County Airport (Located near the property) .
* East Bay Regional Parks (Located near the property) .
The Cowell Foundation is making this request for a General
Plan Amendment, Specific Plan and Environmental Impact Report in
response to a denial by the General Plan Congress to accept
planning and environmental information for the property.
Time .is of the essence. We will appreciate your prompt
attention to these requests .
Yours sincerely,_ /
vqtb-"� ,
Max The.len, Jr.
President
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