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Home My WebLink AboutMINUTES - 10021990 - H.6 TO BOARD OF SUPERVISORS I, V FROM: Harvey E• Bragdon, Director of czmnmity DevelopmentContra DATE: September 25, 1990 _ Costa Qou �"�/ Development Agreement between Contra Costa County and Jeffrey Iil� SUBJECT: Wiedemann, Wiedemann Ranch, Inc. , HCV Associates, Ltd. and Susan Christensen Relative to the Property Known as Wiedemann Ranch Residential Cmlmainity SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION RDNDATION$ 1. Find the Development Agreement exempt from the California Envirormlental Quality Act. 2. Should the Board of Supervisors decide to approve the Development Agreement: a. Waive the reading. b. Adopt the attached ordinance approving the Wiedemann Ranch Residential Canunity Development Agreement. C. Authorize the Director of Ccmamity Development to sign and execute the Development Agreement after it has been duly signed by Jeffrey C. & Nancy A. Wiedemann, Wiedemann Ranch, Inc:, HCV Associates, Ltd., and Susan Christensen. BACKGR Q/REASONS FOR REOONA�?�TDATION This matter was heard by the Zoning Actiiinistratcr on September 17, 1990 when he closed the public hearing and found that the Development Agreement does not provide for any entitlements and any applications for development entitlements would require an Initial Study for , ompliance with CDQA 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 Administrator recommends that the Boated of Supervisors find that the Development Agreement is consistent with State Law, County Policy, Developent Agreement procedures and the General Plan of Contra Costa County . CONTINUED ON ATTACHMENT: YES - SIGNATURE: ' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ACTION OF BOARD ON 02W 19 IfO APPROVED AS RECOMMENDED OTHER This is the time fixed for hearing on the request by Jeffrey C. and Nancy A. Wiedemann, HCV & Associates, Ltd. and Susan Christensen, property owners, to approve a development agreement for property known as the Wiedemann Ranch in the San Ramon area. Karl Wandry of the Community Development Department reviewed the above recommendations. Thomas P. Krehbiel, 2 Crow Canyon Court, San Ramon, stated that he represented HCV Pacific Partners, partners of the Wiedemanns, and commented that the proposed agreement before the Board is to continue the public process on the property in question which began in 1984, which includes a commitment to TSM, light rail study fund, preservation of open space, and to participate in the housing in-lieu fund. He urged the Board to approve the agreement. Supervisor Torlakson inquired about the process with the City of San Ramon with respect to the General Plan and the EIR. Mr. Krehbiel responded to Mr. Torlakson' s inquiries. Mary Lou Oliver, Mayor of the City of San Ramon, advised that the City of San Ramon has no objection to this project. She described the number of public hearings on this project and the input received from the public. She advised that the City has great belief in the Specific Plan Process. Jeff Wiedemann, 2303 Norris Canyon Road, San Ramon, commented on the length of the planning process and the need to move forward. He urged the Board to approve the development agreement. County Counsel advised that Jeff Wiedemann and Thomas Krehbiel had agreed to amending the proposed agreement to include the agreed upon contribution to the in-lieu affordable housing trust fund. Jeff Wiedemann indicated agreement with the in-lieu contribution. Greg Carr, 2730 Sherbear Drive, Sam Ramon, representing Save Our Hills, advised that the members of his organization request that the Board not approve the development agreement for the Wiedemann Ranch. He commented that he felt that approving it would circumvent the initiative process. He declared that he believed that the people should have a chance to vote on Measure F. Jim Blickenstaff, 2491 San Ramon Valley Boulevard, #1-447, San Ramon, representing Preserve Area Ridgelands Committee, advised that it is the position of his group that development agreements as they are being used and interpreted by this Board are undermining the initiative process just 5 weeks before the people vote on Measure F. He commented that the homes projected for this area will have no meaningful impact on the housing balance for the area because of the price. Zach Cowan, 54 Mint Street, San Francisco 94103 , Attorney representing Save our Hill, Preserve Area Ridgelands Committee, submitted written material in opposition to the proposed development of the Wiedemann Ranch. He indicated he felt it appropriate that the approvals should come from the City of San Ramon, not the County . Mark Evanoff, 116 New Montgomery, #640, San Francisco, responded to questions posed by Supervisor McPeak with respect to affordable housing. He stated that he wished the letter which he submitted at an earlier hearing this day from Kathryn Burkett Dickson, Attorney for the Sierra Club, Mt. Diablo Audubon Society and Greenbelt Alliance, opposing any development agreements which the County is considering, to be entered into the record for this hearing also. He commented that he is committed that every jurisdiction needs to have affordable housing when the right formula is found. John Adams, Attorney with Morrison and Foerster, representing HCV Pacific Partners, agreed to amendments to the draft agreements including affordable housing in-lieu fees, and removing Exhibit B, which is a site plan, from the agreement. Silvan Marchesi, Deputy County Counsel, advised that staff recommended that the development agreement not be an attachment to the ordinance as an exhibit, but rather that it be on file with the Clerk of the. Board of Supervisors. Dave Nesmith, 6014 College, Oakland, representing the Bay Area Chapter of the Sierra Club, advised that his organization opposes the development agreement on this property at this point as it is a way to avoid the initiative Measure F, and urged the Board not to approve it. The Chair read a message from Supervisor Schroder advising that he is in favor of approving the agreement because the West Side Specific Plan, which was approved by the City Council of San Ramon, included the Wiedemann Ranch. Supervisor McPeak moved to close the public hearing. The motion passed unanimously. Supervisor Powers commented briefly on several items related to this issue, including special interests, the the need for affordable housing and the Board' s responsibility to consider everyone' s interests. Supervisors Powers moved to approve the above recommendations including the proposed amendments to the development agreement. 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. ATTESTED -o? �Y f Q cc: C, mnunity Development Public Works PHIL BATCHELOR. CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR BY, DEPUTY M382-'7-83 CRDINANCE NO. 90- 91 (Wiedemann Ranch Residential Comua.uhity Development Agreement) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. findings. Zhe Board hereby finds that the provisions of that certain Development Agreement between the County of Contra Costa and Jeffrey C. and Narry A. Wiedemann, Wiedemann Ranch, Inc. , a California corporation, HCV and Associates, Ltd. , a California limited partnership, and Susan Christensen (collectively, "Property Owner") , relating to the property known as Wiedemann Ranch Residential Coamamnmity ("Wiedemann Ranch") , a copy of which is on file with the Clerk of the Board, and which has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan, as established by the terms of the Development Agreement the determinations of the Canty Community Development Department, the County Zoning Admulist*ator, and by such other information in the record before the Board. The Board hereby further finds that it can be seen with certainty that there is no possibility that the Development Agreement may have a significant effect on the environment. The approval of the Development Agreement will not result in development of Wiedemann Ranch and, therefore, the adoption of the Agreement is not subject to the California Environmental Quality Act (11CDQA11) pursuant to Section 15061(b) of the CEQA Guidelines. It is recognized that any specific project proposed by the Property Owner will be subject to environmental review under CEQA if and when applications for approval of said project are submitted to the county for review. Section II. Approval. The Board hereby approves, pursuant to the authorization provided in sections 65864 et sem. of the Government Code of the State of California the Development Agreement, between the County of Contra Costa and Property Owner, relating to the property known as Wiedemann Ranch a copy of which is on file with- the Clerk of the Board and is incorporated in this Ordinance for all purposes by this reference. The Director of Conmmity Development for the County is hereby authorized to execute said Development Agreement on behalf of the County and post a notice of exemption pursuant to Section 21152 of the California Public Resources Code and Section 15062(c) of the CEQA Guidelines. Section III. Severability. 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 IV. _Effective Date. This ordinance shall become effective thirty (30) days after passage and, within fifteen (15) days of passage, the names of the Supervisors; voting for and against it shall be published once in the Contra Costa Times, a newspaper published in this Canty. 1 PASSED and ADOPTED on October 2, 1.990 by the following vote: AYES: Supervisors Povrers-, McPeak., 'Torlak.so❑ and Fanden NOES: None' ABSENT: Supervisor Schroder ABSTAIN: "done ATTEST: PHIL BATCHELOR, Clerk of' the Board of Supervisors and County Administrator By: . Deputy Nancy Fand Chairperson, Board of S ervisors - Date: 91941 2