HomeMy WebLinkAboutMINUTES - 02281989 - 1.84 (2) I '
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Contra
Costa
County
-- - iTO: BOARD OF SUPERVISORS
(FROM: HARVEY E. BRAGDON, Director of Community Development
DATE: November 21, 1988
SUBJECT: Tentative Cancellation of Land Conservation Contract No. 22-69
(Owner: JERRY BETTENCOURT; Developer and Applicant: BRADDOCK
& LOGAN)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve a one (1) year extension of the tentative cancella-
tion of Land Conservation Contract No. 22-69 as allowed by
the terms of the Certificate of Tentative Cancellation
recorded December 4, 1987.
FISCAL IMPACT
None.
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BACKGROUND/REASONS FOR RECOMMENDATIONS
The Certificate of Tentative Cancellation provides that a
Certificate of Final Cancellation may be issued on condition,
among others, that the land owner obtains approva4fr ka
CONTINUED ON ATTACHMENT: X YES SIGNATOR
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION 07BOARJ CITTEE
APPROVE OTHER
� SIGNATURE(S) :
iACTION OF BOARD ON November 29,1988APPROVED AS RECOMMENDED X OTHER
( VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT
_ ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN
ATTESTED November 29, 1988
BY , DEPUTY
cc: Community Development Dept.
County Counsel
Jerry Bettencourt
Braddock & Logan Associates
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Planned Unit 'District zoning (p/z) and Preliminary -
Development Plan within one (z) year of the date of
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tentative cancellation. An application for rezoning '
to Planned Unit District, Final Development Plan and
Vesting Tentative Map were submitted to the Community
Development Department on August 17, 1988' u final
decision on these applications will not be made by the
Board of Supervisors prior to December l, 1988'
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.SOARD OF SUPERVISORS
/in: Barvey E. Bragdon Contra
Director of Community Development
Costa
AM: December 27, 19881 @ C`oy�' tty
;UBJECT: blearing on Rezoning Application #2816-RZ, to rezone approximately 325
acres of land located at #3641 and #3977 Camino Tassajara,
approximately one quarter mile east of Blackhawk Road, in the Dapville
area, from Agricultural Preserve (A-4) to Planned Unit District (P-1 ) ,
filed by Braddock and Logan Associates (Applicant) and Gerald
Bettencourt (owner) .
PBCIFIC REQUEST(S) OR RECOMMENDATIONS(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
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1. Certify use of the Camino Tassajara General Plan Amendment
Environmental Impact Report as adequate for purposes of
satisfying the California Environmental Quality Act findings
in accord with attached Resolution No. 76-1988 adopted by the
San Ramon Valley Regional Planning Commission.
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2. Approve Rezoning Application #2816-RZ, from A-4 to P-1 with
conditions as recommended by the San Ramon Valley Regional
Planning Commission along with Final Development Plan 3034-88
and Tentative Subdivision #7188.
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3. Adopt the findings of the San Ramon Valley Regional Planning
Commission as set forth in its Resolution No. 76-1988 as the
determinations for these actions.
4. Introduce the ordinance giving effect to the rezoning, waive
reading and set date for adoption of same.
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BACKGROUND REASONS FOR RECOMMENDATIONS
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The subject project was reviewed by the San Ramon Valley Regional
Planning Commission on November 2, November 16, and Dec ,
1988. The Commission is recommending as number of chan t
site plan requested by the Town of Danville.
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ONTINUED ON ATTACffi1ENT: YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATORR8C0[ .NDAv2w
OF c0!laTTEE
APPROVE OTHER
EGKhT=(S) :
MON OF BOARD ON January 17, 1989 APPROVED AS RECORDED x OTHER x
This being the time heretofore noticed by the Clerk of the Board
of Supervisors for hearing on the above matter, Harvey Bragdon,
Director of Community Development, presented the staff report on the
request before the Board. He commented on a letter that was sent to
the Board by the applicant dated January 11, 1989, requesting that
three conditions be modified, and he commented that staff was
recommending that the modifications be granted.
Supervisor Schroder requested clarification on the condition
relative to noticing.
Mr. Bragdon clarified the condition on notification, suggesting
that the condition be modified to include that owners of property
within 300 feet of the exterior boundary be notified plus all the
homeowners' associations in the area.
Supervisor Schroder suggested that that would satisfy the spirit
of the Planning Commission's recommendation of notice to owners of
property within a one mile radius.
-Theublic hearing g was opened and the following persons appeared
to speak:
Joe Raphael, Braddock and Logan, P.O. Box 3137, San Leandro,
commented on the history of the project before the Board and thanked
Supervisor Schroder, County staff, and the staff of the Town of
Danville for their efforts on the plan now before the Board. Mr.
Raphael agreed with' Mr. Bragdon's suggestion for the condition
relative to notification and commented on the other requested
modifications of conditions. He expressed satisfaction with the
outcome of the proposal.
Paul Speroni, 245 Joseph Lane, Contra Costa, thanked the
developer for a tout of the site and the explanation of the project.
He commented on the, request for a focused Environmental Impact Report
(EIR) pertaining to traffic problems and the reasons for such a
request. He commented on issues including traffic in the area and the
density of the project. He suggested the Board take a leadership role
In reducing density. He inquired as to the compatibility of the
project with the adjacent ranchettes, and the need for a regional
planning committee rather than approving project after project.
Supervisor Schroder advised the Board and Mr. Speroni that the
City of Livermore, Pleasanton, Dublin, San Ramon, the Town of
Danville, Alameda County and Contra Costa County have been meeting in
a tri-valley forum ,relative to the study of the circulation system in
the tri-valley area related to development and general plans.
Jim Blickenstaff, 2311 Crow Canyon Place, San Ramon, representing
Tassajara Now and Tomorrow (TNT) , spoke in opposition to approval of
the project and commented on issues including traffic, the number of
proposed units, impacts of the project on the Town of Danville,
degradation of the 'scenic quality of the area, sliding in the area,
and he suggested sending a signal to the Planning Commission and the
citizens of the County that the Board is looking for a new direction
with developments and a little more of the sensitivity to the concerns
of the citizens in the local community as well as in the County.
Joe Raphael spoke in rebuttal on issues including' the number of
the proposed units; scenic hills and sliding in the area.
The public hearing was closed. -
Supervisor Schroder thanked the staff, Mr. Jensen and Mr. Raphael
for their cooperation in working on this project with the Town of
Danville. He spoke on the amount of regional mitigation fees as well
as the on-site improvements.' He commented on his understanding that
the Town of Danville was satisfied with the final determination of
what should take place on this parcel of property. Supervisor
Schroder moved approval of the rezoning, the final development plan,
and the tentative subdivision map as recommended by the staff.
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Supervisor McPeak commented on the motion that the
recommendations and approaches advocated by TNT are ones that were
taken into account here and were intended to be expanded upon
throughout the County. She commented on the long history of joint
planning in which the Board has addressed the kinds of issues that
were raised by TNT.
IT IS BY THE �BOARD ORDERED that recommendations 1, 2 with amended
conditions, and 3 iare APPROVED; and as to recommendation 4, Ordinance
No. 89-8, giving effect to the rezoning, is INTRODUCED, reading
waived, and January 24, 1989 is set for adoption of same.
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WE OF
I HEREBY C1W=FY THAT THIS IS A
L TRUE AND CDRRBC'r COPY OF AN
AYZS: ODES: ACTICS TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: 1QNt1TbS OF THE BOARD OF
County C:,unsel SUPERVISORS CM THE DATE SHOW.
San Ramon Valley Fire Prot. Dist.
Community Development Dept. Tur January 17, 1989
Braddock i Logan PHIL BATCHELOR, CLERK OF
Slackhawk Corporation THE BOARD OF SUPERVISORS.
Town of Danville CO INISTRATOR
Thiessen, Hagen i McCoy
Public Works Dept. (;2) - 7bm Dudziak BY ° � DEPUTY
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RECORDING REQUESTED BY:
Contra Contra Costa County
WHEN RECORDED RETURN TO CLERK,
BOARD OF SUPERVISORS
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Final Cancellation of CERTIFICATE OF FINAL
Land Conservation Contract CANCELLATION AND RELEASE
No. 22-69 between Contra OF LIEN [Gov. Code
Costa County and Jerry §§51283.3(c) , 51283.4]
Bettencourt, dated February
25, 1969, Pertaining to
Property Identified as
Assessor's Parcels Nos. 220-060-008
and 220-060-011 (previously incorrectly
referenced as 260-060-011)
I am the Clerk of the Board of Supervisors for Contra Costa County, California.
The Board of Supervisors by Resolution No. 89/125 adopted on February 28 , ,.
1989, granted final approval for cancellation of the land conservation contract
between the County of Contra Costa and the below named landowner.
Name of landowner requesting cancellation:
Jerry Bettencourt
3641- Camino Tassajara Road
Danville, CA 94526
Real property for which contract is cancelled:
Legal description attached hereto as Exhibit "A".
All conditions and contingencies in connection with the Tentative Cancellation
of such Contract and as required by law, have been satisfied. Notwithstanding
any conflicting provisions of the California Revenue and Taxation Code, any
liens on such property created by reason of the execution of cancellation of
such contract are hereby released.
Dated: February 28 1989
Phil Batchelor, County Administrator
and Clerk of the Board of Supervisors
By: amm CIO
Deputy
bob3/canclagr.doc
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EXHIBIT "A"
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PARCEL ONE:
Portion of the West 1/2 of Section 31, and the West 1/2 of the
Northeast 1/4 of Section 31, Township 1 South, Range 1 East,
Mount Diablo Base and Meridian, more particularly described
as follows:
Beginning at the intersection of the West line of said Section
31 with the center line of the County Road leading from Tassajara
to Danville; thence from said point of beginning north along
the west line of said Section 31 to a point distant thereon
10. 96 chains South from the Northwest corner of said Section 31;
said point being on the South line of the parcel of land
described in the deed to B.A. Silva recorded January 29, 1912,
Book 178, Deeds, page 41; thence East along the South line
of said Silva Tract, parallel with the North line of said
Section 31, 41.;08 chains to the Southeast corner of said Silva
Tract; thence North along the East line of said Silva Tract,
parallel with the West line of said Section 31, 10. 96 chains to the
North line of said Section 31; thence East along the North
line of said Selction 31 to the Northeast corner of the West _
1/2 of the Northeast 1/4 of said Section 31; thence South along
the east line of the west 1/2 of the Northeast 1/4 of. said Section .
31 to the Southeast corner of the West 1/2 of the Northeast 1/4
of said Section; thence West along the South line of the West
1/2 of the Northeast 1/4 of said Section 31 to the Southwesterly
corner of said West 1/2 of the Northeast 1/4 of said Section;
thence South along the East line of the West 1/2 of said Section
31, 21. 30 chains, mor or less, to the center of the County Road;
thence along the center of said County Road, as follows: South
37° 15 ' West 4.121 chains; North 771 45 ' West 7. 21 chains; North
660 15 ' West, 1. 52 chains; South 84° 45 ' West, 15. 90 chains;
South 690 30 ' West, 3. 99 chains, South 790 West, 4. 02 chains; and
thence North 840 15 ' West, 5. 46 chains to the point of beginning.
Excepting From Parcle One: The parcel of land conveyed in the
deed to Pacific Gas and Electric Company, recorded May 27, 1977,
in Book 8350, Page 91, Official Records.
PARCEL TWO:
Portion of the ; Southeast 1/4 of Section 31, Township 1 South,
Range 1 East, Mount Diablo Base and Meridian, described as
follows
EXHIBIT "A"
Page Two
Beginning on the north line of said southeast 1/4 , distant
thereon north 890 33 ' east, 1330. 80 feet from the northwest
corner of said southeast 1/4; thence from said point of
beginning, south 891 33 ' west, along said north line,
1330 . 80 feet; thence south 2° 30' east, 1405. 80 feet to the
center line of the old County Road known as Camino Tassajara;
thence along said center line as follows: North 480 east,
99. 66 feet; norIlh 530 30 ' east, 99 . 66 feet; thence 491 15 '
east, 120. 12 feet, and north 890 52' 30" east, 1030. 15 feet
to a line drawn south 0° 22 ' 15" east, from the point of
beginning; thence north 00 22 ' 15" west, 1211. 23 feet to
the point of beginning.
Excepting From Parcel Two: That portion thereof lying south
of the north line of the Old County Road referred to in said
Parcel Two.
COUNTY OF CONTRA COSTA
RESOLUTION NO. 89/107
RESOLUTION OF THE COUNTY OF' CONTRA COSTA AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE MORTGAGE BOND AND TAX
CREDIT ALLOCATiION COMMITTEE FOR AN ALLOCATION WITH RESPECT TO
COUNTY OF CONTRA COSTA 1989 HOME MORTGAGE REVENUE BONDS AND
APPROVING OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, Chapters 1-5 of Part 5 of Division 31 of
the Health and Safety Code of the State of California (the
"Act" ) authorizes counties to incur indebtedness for the
purpose of financing home mortgages authorized by the Act, and
the Act provides a complete, additional and alternative method
for doing the things authorized thereby;
WHEREAS, the Board of Supervisors (the "Board" ) of
the County of Contra Costa (the "County" ) hereby finds and
declares that, it is necessary, essential and a public purpose
for the County to finance home mortgages pursuant to the Act,
in order to increase the housing supply in the County for
person= and families within the income limitations established
by the Act;
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WHEREAS, this Board has, by Ordinance No. 82-5,
adopted on January 5, 1982, adopted a home mortgage finance
program (the '"Program" ) for such purpose, and has determined
to borrow money for such purpose by the issuance of revenue
bonds as authorized by the Act;
WHEREAS, Section 146 of the Internal Revenue Code of
1986, as amended, limits the amount of qualified mortgage
bonds that may be issued at any calendar year by entities
within a state and authorizes a legislature of such state to
provide the method of allocation within the state;
WHEREAS, Chapter 11 .8 of Division 1 of Title 2 of
the Government Code of the State of California (the
"Government Code" ) governs the allocation of the state ceiling
among governmental units in the State of California having the
authority toiissue qualified mortgage bonds;
WHEREAS, Section 8869.85 of the Government Code
requires a local agency to file an application with the
California Debt Limit Allocation Committee ( "CDLAC" ) and/or
the Mortgage lBond and Tax Credit Allocation Committee
( "MBTCAC" ) prior to the issuance of qualified mortgage bonds;
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NOW; THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Contra Costa, as follows: '
1. The Director of Community Development and the
Deputy Director-Redevelopment are hereby authorized, on behalf
of the County; to submit an application, and such other
documents as may be required, to CDLAC and/or MBTCAC for an
allocation of up to $20, 000, 000 with respect to qualified
mortgage bonds to be issued by the County.
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2 . The officers of the County are hereby
authorized, on behalf of the County, (1) to assist cities
located within the County and desiring to cooperate with the
County in the Program in applying to CDLAC and/or MBTCAC for
allocation tojbe used for the issuance of qualified mortgage
bonds by the County and (2 ) to assist the City of Pittsburg in
transferring to the County all or a portion of its carried
forward 1987 allocation to be used for the issuance of
qualified mortgage bonds by the County.
3 . The execution by the Deputy Director-
Redevelopment, on behalf of the County, of the Developer
Deposit and Escrow Agreements presented to this meeting is
hereby ratified and approved. The Director of Community
Development and the Deputy Director-Redevelopment are hereby
authorized, on behalf of the County, to execute and deliver
additional Developer Deposit and Escrow Agreements in
substantially said form to additional developers desiring to
participate in the Program, with such changes as the officer
executing such agreement shall approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
4. The actions of the Director of Community
Development and the Deputy Director-Redevelopment, on behalf
of the County, to establish an escrow account and to deposit
into such escrow account amounts received from developers
desiring to participate in the Program pursuant to the
Developer Deposit and Escrow Agreements are hereby ratified
and approved. Such officers are hereby authorized, on behalf
of the County,, to certify to CDLAC and/or MBTCAC the amounts
held in such escrow account, to hold any such amounts for or
transfer such amounts to any city applying for allocation to
be used for the issuance of qualified mortgage bonds by the
County and toyotherwise dispose of such amounts as provided in
the Developer Deposit and Escrow Agreement.
S. The officers of the County are hereby
authorized and directed, jointly and severally, to do any and
all things necessary or advisable in order to consummate the
issuance, sale and delivery of qualified mortgage bonds and
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otherwise to effectuate the purposes of this resolution, and
all actions previously taken by such officers in connection
with the establishment of the Program and the issuance, sale
and delivery of such bonds are hereby ratified and approved.
6. ! This resolution shall take effect immediately
upon its adoption.
ADOPTED this 28th day of February, 1989, by the
following votes:
AYES: Supervisors Powers, Fanden, McPeak,
Torlakson.
NOES: None.
ABSENT: Supervisor Schroder.
Chair of the Board of Supervisors
ATTEST.-
Phil
TTEST:Phil Batchelor, County Administrator
and — _____- - Clerk of the Board
of Supervisors
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By:
Deputy
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CLERK' S CERTIFICATE
I, Jeanne 0. Maglio , Deputy Clerk of the Board of
Supervisors of the •County of Contra Costa, hereby certify as
follows:
The foregoing is a full, true and correct copy of a
resolution duly adopted at a regular meeting of the members of
the Board of Supervisors of the County of Contra Costa duly,
regularly and legally held at the regular meeting place
thereof on February 28, 1989, of which meeting all of said
members had due notice and at which at least a majority
thereof were present;
At said meeting said resolution was adopted by the
following vote:
Ayes: Supervisors Powers , Fanden, McPeak, Torlakson.
Noes: None .
Absent: Supervisor Schroder.
The foregoing is a full, true and correct copy of
the original resolution adopted at said meeting and entered in
said minutes; and
Said resolution has not been amended, modified or
rescinded since the date of its adoption, and the same is now
in full force and effect.
Dated: February 28, 1989.
Phil Batchelor, County
Administrator and ex-officio
Clerk of the Board of Supervisors
[SEAL]
By: �
f Deputy
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