HomeMy WebLinkAboutMINUTES - 10271992 - H.5A H. 5 C,
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 27, 1992 by the following vote:
AYES: Supervisors Powers, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT: Hearing on Wiedemann Ranch Residential Community,
Rezoning File #2947-RZ, Preliminary Development Plan
#3005-91, Subdivisions 7575 and 7578 and Agricultural
Preserve Cancellation requests in the San Ramon Area.
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the recommendation of the San
Ramon Valley Regional Planning Commission on the certification of
the Final Supplemental Environmental Impact Report for the
Wiedemann Ranch Residential Community project; a request by HCV
Pacific Partners (applicant) and Jeff and Nancy Wiedemann and
Susan Christensen, et al (owners) to rezone 1, 143 acres of land
from Agricultural Preserve (A-4) and General Agricultural (A-2) -
to Planned Unit District (P-1) (2947-RZ) ; a request for a
preliminary development plan approval (DP 3005-91) for 370 single
family dwelling units/lots including three private open space
lots and common area; a request for vesting tentative map
approval (Subdivision 7575) to subdivide 1, 052 acres into 336
lots including three private open space parcels; a request for
vesting tentative map approval (Subdivision 7578) to subdivide 91
acres into 34 lots and common open space; and a request for
approval of petitions to cancel the restrictions of two
Agricultural Preserve contracts (AP#16-70 and AP#5-76) affecting
approximately 1, 128 acres encompassing Assessor' s Parcel Numbers
209-050-006, -007, -013 and -016 ; 209-080-002 , -003 , -005; and
209-090-003 in the San Ramon area.
Stuart M. Flashman, 5626 Ocean View Drive, Oakland,
representing the East Bay Municipal Utility District (EBMUD) ,
indicated a need to speak due to a prior commitment, and he
commented on District concerns about the project including the
adequacy of the Environmental Impact Report for the project, the
provision of water service, and he expressed objection to the
approval of the project, requesting that the Board put over
approval of the project and have discussions with staff as to how
to deal with the project and district concerns .
The Board discussed the provision of water service to the
project and current customers of EBMUD.
Dennis Barry, Community Development Department, presented
the staff report on the proposed project, described the location
of the project, presented the staff recommendations and a brief
background on the project and the agricultural preserve
cancellation requests . He commented on the recommendations of
the Planning Commission and the staff' s proposed modifications.. to
the Commission' s recommendations . Mr. Barry commented on the
issue of the width of the roads for the project .
Mitch Avalon, Public Works Department, commented on concerns
with the project including the road standards, maintenance and
liability of the joint use of the detention basin facility on
site, and the safety improvements and the capacity improvements
on Norris Canyon Road that serves as access to the project . Mr.
Avalon commented on two memos that he had submitted on
recommended conditions of approval .
Jeff Wiedemann, 2303 Norris Canyon Road, San Ramon, owner,
commented on a brief history of the project, and he requested
approval of the proposal .
Mark L. Armstrong, P.O. Box 218, Danville, Attorney,
representing the applicant, spoke in support of the project
commenting on issues including the sensitivity of this project,
the unanimous support of the San Ramon Valley Regional Planning
Commission, the project' s consistency with the General Plan,
mitigation of impacts, consistency with the Growth Management
Program, provision of water service, a workshop on the project
held in February 1992, the concerns of the East Bay Regional Park
District, and he submitted a map for Board consideration relative
to the Agricultural Preserve cancellation requests and commented
on compliance with findings for cancellation.
Thomas Krehbiel, Two Crow Canyon Court, San Ramon,
representing HCV Pacific Partners, applicant, presented details
of design of the project, commented on the workshop in February,
grading for the project, the design guideline booklet for the
project, Zoning Administrator review of the houses, the proposed
formation of the GHAD for this project, lot sizes, the safety
improvements on Norris Canyon Road, and the trails issue and the
Park District . Mr. Krehbiel requested approval of the project .
Nancy Wiedemann, 2303 Norris Canyon Road, San Ramon, owner,
spoke in support of the project .
Bob Doyle, 2950 Peralta Oaks Drive, Oakland, representing
East Bay Regional Parks District, presented a map and a letter
for Board consideration, and he commented on public dedication as
a part of conditions of approval for Board consideration of
projects, and he commented that there should be public dedication
of park lands to mitigate the impacts of the project and to
provide full public use of those lands . He commented on the
concerns presented to the Board related to the CEQA document and
the Final Environmental Impact Report . Mr. Doyle spoke in favor
of the public dedication of open space .
Roxanne Lindsey, 2301 Norris Canyon Road, San Ramon,
commented that Sandee LaViolette had submitted four letters in
support of the project and she commented in support of the
Wiedemanns managing the open space .
Vice-Chair Schroder read a note from Sue christensen in
support of the project, and he read a memo from Dave Hudson of
San Ramon in support of the project .
Hermann Welm, 2536 Kilpatrick Court, San Ramon, representing
the City of San Ramon, read a proposed resolution from the City
of San Ramon recommending that the Board require as a condition
of approval of the subdivision a requirement that the developer
dedicate the open space areas to a public agency.
Jim Blickenstaff, 2410 Talavera Drive, San Ramon, Preserve
Area Ridgelands Committee, expressed concerns related to the
early cancellation of the Williamson Act unless under a special
circumstance, the Environmental Impact Report, compatibility with
the General Plan, and compliance with Measure C.
Bill Kirkpatrick, 375 Eleventh Street, Oakland, Manager of
Water Distribution Planning, representing East Bay Municipal
Utility District, summarized the District' s October 22, 1992
letter to the Board of Supervisors and called attention to a
letter delivered to the Community Development Department dated
October 27, 1992 from the District .
Frank Cameron, 1009 Leema Avenue, Danville, Chairman of the
San Ramon Valley Regional Planning Commission, spoke in favor of
the project .
Michael L. Conklin, 207 Marsh Court, San Ramon, spoke in
favor of the project .
Dave Hudson, 162 Pebble Place, San Ramon, spoke in favor of
the project and submitted comments by Juanita Whitney, 12935
Hawkins Drive, San Ramon, in support of the project .
The following persons submitted written comments for the
record:
Michael Halloran, P.O. Box 318, San Ramon, in favor of the
project .
Julie Paulo, 2747 Marsh Drive, San Ramon, in favor of the
project .
Sandee Wiedemann LaViolette, 2305 Norris Canyon Road, San
Ramon, in favor of the project .
John LaViolette, 2305 Norris Canyon Road, San Ramon, in
favor of the project .
Jeff Brotman, 1017 Lakeridge Place, San Ramon, in support of
the project .
Kristine Berndt, 111 Corrine Court, San Ramon, in support of
the project .
Donald J. Morton, 3124 Via Larga, Alamo, in support of the
project .
The Chair commented on letters generally in support of the
project that had been received by the Board.
Mr. Krehbiel spoke in rebuttal .
Supervisor Powers requested clarification on the issue of
compliance with Measure C or the General Plan slope requirements .
Mr. Armstrong responded commenting on the staff report on
the hillside workshop held in February 1992, and he responded to
Mr. Blickenstaff' s comments on hillside development . Mr.
Armstrong spoke on requested changes in conditions of approval
3 (m) , 4, 50 , and 51 . Mr. Armstrong requested that the Board
certify the Environmental Impact Report today.
Supervisor McPeak requested clarification on the use of
reclaimed water by the project .
Mr. Armstrong responded that reclamation does not work here
and had been addressed in the Environmental Impact Report .
Mr. Barry called attention to the Advisory Notes on page 28
relative to the use of recycled water during construction.
Supervisor McPeak questioned whether the issues of air
quality, including wiring for electric cars, compressed natural
gas recharge locations, or wiring for telecommuting had been
addressed.
Mr. Armstrong advised that conditions of approval could be
framed to address those issues .
Supervisor McPeak questioned where the units that would be
displaced by open space would be dispersed.
Mr. Armstrong indicated a need to confer further with the
staff on the issue and come back to the Board with a plan that
identifies where the lots can be .
Supervisor Torlakson advised he had not decided on the issue
of public versus private stewardship of public lands at this
time, and that he did support having a condition for
participation of youth groups in the tree planting efforts .
Supervisor McPeak questioned the need to certify the
Environmental Impact Report today versus declaring intent and
continuing the certification along with the project .
Mr. Armstrong indicated the need to certify the
Environmental Impact Report today in order to allow LAFCO to
consider the boundary organization petition for the project .
Supervisor Schroder commented on the unanimous vote by the
San Ramon Valley Regional Planning Commission on the project and
on the two basic issues raised today, the 26 percent hillside
portion of Measure C and the open space stewardship being public
or private. Supervisor Schroder also commented on the unique
circumstances of this project relative to the private stewardship
and that it would not be precedent setting, and he moved to
certify the adequacy of the Environmental Impact Report and
declare the Board' s intent to adopt the rezoning and declare the
Board' s intent to approve the preliminary development plan and
declare the Board' s intent to introduce the ordinance and defer
the issue to November 17, 1992 to allow staff, the developer, the
Park District and interested persons to resolve any differences
and concerns and return with findings to the Board so that the
public can comment on the findings .
Supervisor Powers seconded the motion.
Mr. Barry requested clarification as to whether the motion
to declare intent also included the proposed subdivisions .
Supervisor Schroder advised that it did.
Supervisor McPeak indicated support to certify the
Environmental Impact Report today, and requested clarification
from the maker of the motion on the reason for declaring intent
on the project .
Supervisor Schroder responded to Supervisor McPeak' s request
that it was to move forward and resolve the issues raised today.
Supervisors McPeak and Schroder discussed issues that should
be addressed before coming back on November 17, 1992, including
open space and trail maintenance, public and private stewardship
of open space, the homes to be moved being identified,
participation in the homeless assistance program, transportation
and air quality, condition 51 being a phased payment over the
next five years, the detention basin, the construction of off
road improvements and the liability and responsibility for the
internal roads included in the memorandum from Public Works, and
they requested that these be considered in the deliberations
between the applicant, staff and the affected agencies .
Victor Westman, County Counsel, suggested leaving the
hearing open to allow further testimony on the applicant' s
further submittals .
Supervisor McPeak clarified that the public hearing would be
left open until November 17, 1992, and that intent would be
declared on the matters as stated by Supervisor Schroder, asking
that the applicant take into account the issues that had been
identified, and that the Environmental Impact Report would be
certified.
Mr. Armstrong requested a separate Board Order be issued on
the certification of the Environmental Impact Report for
presentation to the Local Agency Formation Commission.
The Chair concurred.
Supervisor Schroder requested that the idea of a program for
the utilization of youth or the homeless and general assistance
recipients for planting be placed in writing and he requested
that the access to and maintenance of the trails be addressed.
IT IS BY THE BOARD ORDERED that the adequacy of the Final
Environmental Impact Report for the Wiedemann Ranch Residential
Community Project is CERTIFIED (See Board Order H. 5B) ; that the
Board of Supervisors hereby DECLARES ITS INTENT to APPROVE
rezoning application 2947-RZ, Preliminary Development Plan 3005-
91, Subdivisions 7575 and 7578 with amended conditions and to
GRANT the agricultural preserve cancellations requests relative
to this project; and that the hearing on the above applications
is CONTINUED to November 17, 1992 at 2 : 00 P.M. ; and that the
Community Development Department is DIRECTED to address issues
raised this day and prepare appropriate documentation for board
consideration on November 17, 1992 .
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervise on the date shown.
ATTESTED: Mja 7+ 1 4 Q :Z
PHIL BATCHELOR,Clerk of the Board
of Supervis and Count ministrator
By v
y ,Deputy