HomeMy WebLinkAboutMINUTES - 12151992 - H.14 H.12, H.13H.14
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 15f 1992, by the following vote:
AYES: Supervisors Powers, Torlakson, and Schroder
NOES: None
ABSENT: Supervisors Fanden and McPeak
ABSTAIN: None
SUBJECT: Hearing on Certification of Environmental Impact Report,
Draft General Plan Amendment (2-91-SR) , Draft Dougherty Valley
Specific Plan ( 2-92-SP) , Rezoning Application 2993-RZ, Shapell
Industries (applicant and owner) , Rezoning Application 2992-RZ,
Windemere Ranch Partners (applicant and owner) and Consideration
of Related Development Agreements in the Dougherty Valley Area.
On December 8, 1992, the Board of Supervisors continued to this
date the hearing on the recommendation of the Zoning Administrator on
the certification of the Environmental Impact Report, and on the
recommendation of the Contra Costa County Planning Commission on the
Draft General Plan Amendment for a 6,000 acre area within the
unincorporated area of Contra Costa County located to the east of the
City of San Ramon in the Dougherty Valley on both sides of Dougherty
Valley Road generally south of Crow Canyon Road to the Alameda County
Boundary. The plan amendment affects all mandatory elements of the
adopted general plan and calls for a range of residential densities
and up to 11,000 dwelling units, commercial areas and substantial open
space; Draft Dougherty Valley Specific Plan (2-91-SR) which provides
detail and added development requirements to further implement the
proposed Dougherty Valley General Plan Amendment; application
( 2993-RZ) by Shapell Industries (applicant and owner) for approval of
a rezoning with a Preliminary Development Plan approval for
approximately 2,708 acres from Agricultural District (A-80) to Planned
Unit Development (P-1) to construct up to 5,830 residential units.
The project further incorporates 1,386 acres of open space and park
and recreation facilities, 26 acres of non-residential uses and 38
acres as public/semi-public uses; application ( 2992-RZ) by Windemere
Ranch Partners (applicant and owner) for approval of a rezoning with a
Preliminary Development Plan for approximately 2,416 acres from
Agricultural District (A-80) to Planned Unit Development (P-1) to
construct up to 5,170 residential units. The project further
incorporates 1,145 acres of open space and park and recreation
facilities, 22 acres of non-residential uses and 98 acres of
public/semi-public uses in the Dougherty Valley area; and
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the County Zoning
Administrator on a request by Contra Costa County and Windemere Ranch
Partners to review and approve a development agreement (for rezoning
2992-RZ) known as Windemere Ranch Partners as being consistent with
the County General Plan and Rezoning 2992-RZ in the Dougherty Valley
area; and
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the County Zoning
Administrator on the request by Contra Costa County and Shapell
Industries to review ,and approve a development agreement (for rezoning
2993-RZ) known as Shapell Industries as being consistent with the
County General Plan and Rezoning 2993-RZ in the Dougherty Valley area.
Dennis Barry, Community Development Department, commented on the
project before the Board and the reasons staff was recommending the
proposed project for approval.
Debbie Drennan, Community Development Department, advised the
Board that before them today also on this matter were the development
agreements between the County and Shapell Industries and the County
and Windemere Ranch Partners which had been heard by the Zoning
Administrator this morning. She advised that the Zoning Administrator
had recommended approval of the development agreements and she
commented on some of the conditions and various requested changes.
The following persons appeared to speak:
Bert Michalczyk, 70 Dublin Boulevard, Dublin, representing Dublin
San Ramon Services District, addressed utility service to the
Dougherty Valley by Dublin San Ramon Services District and the policy
framework for doing so.
Phyllis Roff, 2893 San Carlos Drive, Walnut Creek, spoke in
support of the Dougherty Valley projects with conditions, and of
building in flexibility in the development agreements.
The Reverend Ray Hess, 1901 San Ramon Valley Boulevard, San
Ramon, representing St. Matthias Episcopal Church, urged Board support
for the development.
Angelo J. Siracusa, 200 Pine Street, Suite 300, San Francisco,
President of the Bay Area Council, endorsed the proposals and
submitted a letter of support.
Kevin Gailey, 510 La Gonda Way, Danville, Chief of Planning, Town
of Danville, presented written material expressing concerns and
recommendations on issues including jobs housing balance, a traffic
analysis, General Plan inconsistencies. He also commented on a memo
dated December 15, 1992 expressing concerns relative to the
development agreements, and the mitigation matrix.
Millie Greenberg, 510 La Gonda Way, Danville, representing the
Town of Danville, submitted a letter requesting recirculation of the
Environmental Impact Report.
Grant G. Gibson, 2000 Crow Canyon Place #250, San Ramon,
representing Carlson, Barbee and Gibson, spoke in favor of the
projects and in support of the actions before the Board today.
R. H. Dennis, 19 Sky Terrace, Danville, representing the Scenic
Highway Protection Network, spoke in opposition, and presented an
article by Al Gentile.
Ed Dimmick, 1251 Sheppard Court, Walnut Creek, expressed concerns
about the proposed projects and traffic impacts.
Ruth Britt, 20 Robbins Place, Alamo, representing the Alliance
for the Mentally Ill, urged the Board to include housing for people
with mental disabilities in the County' s specific plan for Dougherty
Valley.
Daniel L. Cardozo, 1875 South Grant Street, San Mateo, Adams and
Broadwell, representing Plumbers Local 159, spoke on hiring local
construction workers, on the union participation in the environmental
review, and he requested recirculation of the final environmental
impact report.
Kelly Anschutz, 1308 Roman Way, Martinez, Business Manager,
representing Plumbers Local 159, requested that the Board take into
consideration the satisfactory commitments by Shapell and Windemere to
Local 159 .
Dr. Nolan Sharp, 500 Ygnacio Valley Road #425, Walnut Creek,
President of the Tassajara Valley Property Owners Association, spoke
in favor of the proposed projects.
Rick Probert, 1500 Bollinger Canyon Road, San Ramon, Operations
Chief for the San Ramon Valley Fire Protection District, presented
written information and he urged the Board to provide a financial plan
as stated in his written material, and to continue work on the matrix.
Stuart Flashman, 5626 Ocean View Drive, Oakland, representing
East Bay Municipal Utility District, expressed additional concerns on
issues including water supply and he urged the Board not to approve
anything that would involve an entitlement to the applicant until
there is a secured, adequate water supply shown by a secured water
right shown by the Dublin San Ramon Services District. Mr. Flashman
also expressed concerns relative to the development agreements.
Jim Blickenstaff, 2410 Talavera Drive, San Ramon, representing
Preserve Area Ridgelands Committee, requested recirculation of the
environmental impact report (EIR) and he commented on issues including
the kit fox, water and traffic.
Michael W. Sipos, 2540 Toltec Circle, San Ramon, submitted
written material and spoke in opposition.
William L. Nelson, 3227 Clayton Road, Concord, representing
Energy Code Strategies, Inc. , presented a written proposal for
additional conditions for the proposed projects.
John Chapman, Clipper Hill Road, Danville, expressed concerns on
issues including the speed of the process, environmental impacts, and
inquired whether this could be a two step process.
Michel Dettrich-Houston, representing the San Ramon Chamber of
Commerce Board of Directors, spoke in favor of the development of the
Dougherty Valley.
After advising of concerns they wished addressed, the Board
recessed until 7: 00 p.m. at which time the following persons appeared
to speak:
Don Copeland, 2350 Heritage Oaks Drive, Alamo, spoke in
opposition and commented on the speed of the process.
Mike Gibson, 70 Sara Lane, Alamo, representing the Alamo
Improvement Association, and the Diablo Property Owners Association
spoke in opposition and presented written material, and he requested
recirculation of the EIR.
Chris Genovali, 1124 Sanders Drive, Moraga, representing the
Sierra Club, San Francisco Bay Chapter, spoke in opposition and
advised that if the Board were to approve the final EIR at this time
that they would sue.
Bruce Thom, 711 Via Hermosa, expressed concerns on issues
including the maintenance of parks and open space, a transportation
system, and water.
Sherry Neeley, 20 Flagstone Court, Alamo, requested clarification
on and commented on the environmental impact report process.
Joe Fanucchi, 943 Ina Drive, Alamo, urged the Board of
Supervisors to reject the Dougherty Valley plan and development
agreements.
Don Terner, 82 2nd Street, San Francisco, representing Bridge
Housing Corporation, spoke on the issue of affordable housing.
Peter Svendsgaard, 2631 Danville Boulevard, Alamo, urged the
Board of Supervisors to vote no on the matter.
David Holmgren, 1515 Diablo Vista, Alamo, expressed objection to
the proposed certification of the environmental impact report and
General Plan amendment for the Dougherty Valley development.
Mr. Tom Koch, Forward Planning Manager for Shapell Industries,
spoke in rebuttal.
The Board members discussed various concerns with Mr. Koch.
Daniel J. Curtin, Jr. , Attorney, McCutchen, Doyle, Brown and
Enersen, Walnut Creek, addressed legal points that had been raised
today and last week.
The Board members discussed concerns with Mr. Curtin.
Darryl Foreman, representing Windemere, spoke in rebuttal.
David Gold, Attorney, Morrison and Forester, representing
Windemere, spoke in the environmental impact report and the process.
James Cutler, Community Development Department, requested
direction from the Board to prepare the appropriate paperwork for
Board consideration next week and he advised of the health emergencies
with two of the Supervisors and that the tapes and written material
that has been received and is before the Board will be provided to
those two Supervisors. Mr. Cutler provided information on the
California Environmental Quality Act process and the environmental
impact report.
Dennis Barry, Community Development Department, clarified that
the County Planning Commission did independently review and consider
the draft and final environmental impact report and did not solely
rely on the Zoning Administrator' s recommendation.
Val Alexeeff, Growth Management and Economic Development Agency,
spoke on the matrix.
Steve Goetz, Community Development Department, commented on the
transportation issues.
Supervisor Torlakson commented and requested clarification on
issues including traffic, the process, infrastructure and services
guarantees and the development agreements, and affordable housing.
Mr. Alexeeff, Mr. Barry and Mr. Cutler responded to Supervisor
Torlakson' s request.
Supervisor Powers requested continuity in the terminology for
affordable housing.
Supervisor Powers moved to close the public hearing but leave the
record open for written comment until 5:00 p.m. on December 18, 1992.
Supervisor Torlakson seconded the motion with the understanding
that staff respond to the issues raised today and respond to issues
raised by the cities and if the cities have additional response to
accept that as part of documentation and information base.
I
Supervisor Powers advised staff of his direction on issues
including energy, housing policies and circulation policy, the water
supply, water recycling, and the college district site.
Supervisor Schroder requested that staff provide the proper
wording relative to certification of the EIR, amendment of the general
plan, adoption of the Specific Plan, and approval of the development
agreements, and provide information on what entitlements each of those
actions would provide.
Supervisor Torlakson requested that that information and data on
traffic be provided with visual aids.
IT IS BY THE BOARD ORDERED that the hearing on the above matters
is CLOSED with the written record to remain open to 5:00 p.m. , Friday,
December 18, 1992; decision on the above matters is DEFERRED to
December 22, 1992 at 10:00 a.m. ; and staff is DIRECTED to respond to
issues raised and to prepare appropriate .documentation for
consideration on December 22, 1992.
cc: Community Development I Ivereby certify that this is a true and correct copy of
County Counsel an action taken and entered on the minutes of the
Town of Danville Board of Suri on th date shown.
City of San Ramon ATTESTED:=10.AeZ A ,I 19 I),
Windemere Ranch Partners PHIL BATCHELOR,Clerk of thi Board
Shapell Industries 01 Supervi rs and Go nt Administrator
AAAA a A.,
By Deputy