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Home My WebLink AboutMINUTES - 10021990 - H.4 N• � To: BOARD OF SUPERVISORS F'FKM. Contra Harvey E. Bragdon, Director of Community Development (JVs`a DATE' September 17, 1990 Cirty SUBJECT; Development Agreement between Contra Costa' County and A. J' galomon & Dean L. Lesher for Certain Real Property located in the *RP+-}1Pl gland S'nA .i f i n Plain rpa _ SPEC IFIC''RECUEST(S) OR RECCUMENDATION(S) @ BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. RE-AFFIRM the Board's certification of July ,10, 1990 that , the Final Environmental Impact Report and the Addendum for the Bethel Island Specific Plan and General Plan Amendment, and CERTIFY that Addendum No. 2 to said EIR as presented by the staff, have been completed in compliance with CEQA, and CERTIFY that the Final EIR and the two ) Addenda were presented to the. Board, and the Board considered the infor- mation contained in them, before the Board made a decision concerning the proposed Development Agreements with A. J. Salomon and Dean S. .Lesher. 2. WAIVE reading of the proposed ordinance. 3. ADOPT the proposed ordinance approving Development Agree- ments with A. J. Salomon and Dean S. Lesher. 4. RE-ADOPT the Statement of Findings and Overriding Considera- tions and Mitigation Monitoring Program set forth .as Exhibit RB" to Resolution No. . 90/454 in support of the Board's adoption of the ordinance approving the Development Agree- ments. 5. Authorize the Director of Community Development to sign the Development Agreements after they, have been duly signed by A. J. Salomon and Dean S. Lesher, respectively. BACKGROUND/REASONS FOR RECOMMENDATION This matter was heard by the Zoning Administrator on September 10, 1990 when he closed the public hearing and continued the matter to September 14, 1990 for decision. On September 14, 1990 the Zoning Administrator found that the Development Agreement does not provide for any entitlements and any applications for development . entitlements would require an Initial Study for compliance with CEQA and a public hearing before the appropriate body of the County's planning agency and is adequate for the Board of Supervisors to adopt the ordinance. The Zoning Adminis- .trator recommends that the Board of Supervisors find that the Development Agreement is consistent with . State Law, -County Policy, Development Agreement procedures, the General Plan of Contra Costa County and the Specific Plan for the Bethel Island area. CONTINUED ON ATTACHMENT; YES SIGNATURE• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S), ACTION OF 'BOARD ON 2 9,0 APPROVED AS RECOMMENDED �� OTHER The Board on September 25, 1990 continued to this date and time its hearing on the request by A. J. Salomon and Dean S. Lesher to approve a development agreement relative to certain real property located in the Bethel Island Area Specific Plan Area. Karl Wandry of the Community Development Department reviewed the above recommendations of the Department and advised that staff is requesting that the Board approve two separate development agreements, one for A. J. , Salomon and the other for Dean S. Lesher. 2. Mark Armstrong, Attorney for the Applicants, advised that his , clients agreed to the two separate agreements. He addressed the Board' s requirement for provisions for affordable housing and advised that his clients agreed, with reluctance, to the in-lieu contributions r,equirement. He urged the Board to approve the development agreements for Mr. Salomon and Mr. Lesher. Mark Evanoff, 116 New Montgomery, 4640, San Francisco, representing the Greenbelt Alliance, submitted for the record a letter from Kathryn Burkett Dickson, Attorney for the Sierra Club, Mt. Diablo . Audubon Society and Greenbelt Alliance, opposing the above and any other development agreements which the County is considering. There being no further speakers, the hearing was closed. Supervisor Torlakson moved to approve the above recommendations, with two development agreements, and the proposed amendments, including the provision for in-lieu fees for affordable housing. The motion was seconded by Supervisor McPeak. Supervisor Powers commented on the issues contained in letter submitted by Mark Evanoff and discussed the County's policy with respect to development agreements. _ Supervisors Torlakson and McPeak commented further on the benefits of development agreements. The vote on the motion was unanimous, with Supervisor Schroder absent. VOTE OF SUPERVISORS 1 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. .CC: Community Wvelopment ATTESTED County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF Public Works SUPERVISORS AND COUNTY ADMINISTRATOR M382-7-83 BY ,DEPUTY ORDINANCE NO. 90- 89 (A.J. Salomon and Dean S. Lesher Development Agreements) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I: The Board hereby finds that the provisions of the Development Agreements between the County of Contra Costa and A.J. Salomon and Dean S. Lesher, relating to 1, 380 ;,acres of real property located on Hotchkiss Tract in the Bethel Island Area Specific Plan area, which are on file with the Clerk of the Board, and which have been recommended for approval by the County Zoning Administrator, are consistent with the 'County"s General Plan and the Bethel Island Area Specific Plan. Section II: The Board hereby finds, . consistent with Government Code §65457, or as otherwise provided by law, that the Development Agreements are exempt from the requirements of the California Environmental Quality Act (CEQA) . The Development Agreements are exempt from CEQA under Government Code §65457 and. CEQA Guidelines §15182 because they are consistent with the Bethel Island 'Area Specific Plan (development consistent with the Development Agreements must be consistent with the � Specific Plan) for which an Environmental Impact Report (EIR) was certified by this Board on July 10, 1990 pursuant to Resolution 'No. 90/457 . The Board further finds, as required by Government ;Code §65457, that no further environmental documentation is required in that i) development pursuant to the Development Agreements constitutes a residential project within the meaning of CEQA and Government Code §65457, (ii) substantial changes are not proposed in the Development Agreements which will require major revisions to the EIR; (iii) substantial changes will not occur with ;respect to the circumstances under which the Development Agreements are being undertaken which will require major revisions in the EIR, and (iv) no new information has become or is expected to become available which will relate to significant effectsnot previously discussed in the EIR. The Board, as permitted by Government Code §65457 (c) , elects to follow the procedures contained therein and CEQA Guidelines §15182, as opposed to Public Resources Code §21080.7 and CEQA Guidelines §15181, and thus, is not required to post or file environmental review notice prior to approval of the Agreements.. In the alternative, the Board hereby finds that no further environmental review is required since the Bethel Island EIR assessed the environmental impacts of development agreements consistent with the Specific Plan, such as these Agreements, as indicated in Addendum Number Two to the Bethel. Island EIR. Section III: The Board hereby approves, pursuant, to the authorization provided in sections 65864 et sea. of the Government Code of the State of California, the Development Agreements between the County of Contra Costa and A. J. Salomon and Dean S. Lesher. The Board hereby authorizes the Director of Community Development to sign the Development Agreements on behalf of the County of Contra Costa. 1 f ' Section IV: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board hereby declares that it would have passed each section, subsection,' subdivision,. paragraph, sentence, clause or phrase of this ordinance irrespective of the . unconstitutionality or invalidity of any section, subsection,, subdivision, paragraph, sentence, clause or phrase. Section V: This ordinance becomes effective :30' days after passage, and 'within 1S days of passage shall be published once with the names of supervisors voting for and against it in.`the Contra Costa Times, a newspaper published in this County. PASSED on October .2, 1990 by the following votes. AYES: Supervisors Powers, McPeak, Torlakson and `Fanden NOES: None ABSENT: . Supervisor. Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County -Administrator By: Deputy Board Ch r