HomeMy WebLinkAboutMINUTES - 12131994 - H.2 H. 2
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TO: BOARD OF SUPERVISORS nt Costa
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FROM: HARVEY E. BRAGDON County'� �� x- ` =� �
DIRECTOR OF COMMUNITY DEVELOPMENT
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DATE: November 15, 1994 � couri`i^j
SUBJECT: Development Agreement between Contra Costa County and Jeffery C. and
Nancy A. Wiedemann Ranch, Inc. , Susan Christensen and HCV Associates,
Ltd. , relative to the Property Known as Wiedemann Ranch Residential
Community
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Find the Environmental Documentation prepared for this project
as adequate.
2 . Find that the attached Development Agreement is consistent
with the County General Plan and Conditions of Approval for
the development known as Wiedemann Ranch Residential
Community, Rezoning with Preliminary Development Plan (County
File #2947-RZ) , Final Development Plan (County File #3005-91)
and Vesting Tentative Maps (County File #SUT3 7575 and #SUB
7578) .
3 . Adopt the attached Ordinance for Jeffery and Nancy A.
Wiedemann Ranch, Inc. , Susan Christensen and HCV' Associates,
Ltd. , relative to the property known as Wiedemann Ranch
Residential Community.
4 . Authorize the Director of Community Development to sign and
execute the Agreement, after it has been dully signed by
Jeffery and Nancy A. Wiedemann Ranch, Inc. , Susan Christensen
and HCV Associates, Ltd.
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNATURE poxy
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION UP BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON December 13 ,1994 APPROVED AS RECOMMENDED x OTHER x
See Addendum A for Board actions.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Debbie Chamberlain - 646-2031
Orig: Community Development Department ATTESTED December 13 , 1994
cc: County Counsel PHIL BATCHELOR, CLERK OF
Jerrery.; and Nancy Wiedemann THE BOARD OF SUPERVISORS
Mark Armstrong In
COUN ADMINISTRATOR
BY ° , DEPUTY,
2 .
BACKGROUND/REASONS FOR RECOMMENDATION
This matter was heard by the Zoning Administrator on November 7,
1994 . The Zoning Administrator at that time recommended the Board
of Supervisors entered into the Agreement with the following
modifications:
1. The applicant shall be required to advance the due date for
the payment of development contributions (i . e. , affordable
housing, light rail, homeless shelter) prior to filing the
final map.
2 . Elimination of the Administrative Amendment Section 5. 1 (a) (b)
and 5. 2 (b) .
3 . Developer shall be required to comply with all the "Developer
Obligations" listed in the Agreement, not "a combination of. "
4 . Additional comments that may be submitted to the Zoning
Administrator by County Counsel .
5. Add to Section 4 . 1 a paragraph requiring the Developer to pay
impact fees as set forth in Section 3 . 1 of the Development
Agreement.
With those modifications, the Zoning Administrator found the
Development Agreement to be in conformance with the County General
Plan and with the Conditions of Approval .
DJC/aa
BOIX/Ranch.DJC
ADDENDUM A
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the recommendation of the
Zoning Administrator on a request to review and approve a
Development Agreement between Contra Costa County and Jeffery C.
and Nancy A. Wiedemann Ranch, Inc . , Susan Christensen and HCV
Associates, Ltd. , relative to the property known as Wiedemann
Ranch Residential Community.
Dennis Barry, Community Development Department, presented
the staff report on the proposed Development Agreement .
Mark Armstrong, Gagen, McCoy, McMahon and Armstrong, 279
Front Street, Danville, representing HCV, Sue Christensen, Jeff
and Nancy Wiedemann, presented proposed changes relative to the
deletion of early payment of fees and additional language to be
included on page 19 to provide flexibility in terms of the use of
monies that have been identified in the conditions .
Supervisor Bishop moved the staff recommendations with the
amendments .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 as
amended, 3 , and 4 are APPROVED; and Ordinance No. 94-73 is
ADOPTED.
II
ORDINANCE NO. 94-
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 Agreement (Development Agreement) between the County
of Contra Costa and Jeffrey C. and Nancy A. Wiedemann, Wiedemann
Ranch, Inc. , Susan Christensen and HCV and Associates, Ltd. ,
relating to a residential development on approximately 1, 143 acres
located in the unincorporated portion of the County near San Ramon
(project or Wiedemann Ranch Residential Community project) , which
is on file with the Clerk of the Board, and which has been
recommended for approval by the County Zoning Administrator, is
consistent with the County's General Plan.
Section II: The Board hereby finds that adoption of this ordinance
and approval of the Development Agreement complies with the
requirements of the California Environmental Quality Act (CEQA) .
A. The Board hereby finds that no further environmental
review is required for the Development Agreement. The
Environmental Impact Report for the Wiedemann Ranch
Residential Community project (EIR) assessed the environmental
impacts of the Development Agreement. The environmental
impacts of the project, including the Development Agreement,
are addressed in the CEQA Findings and project findings for
the project, which are incorporated herein by reference, and
the Board makes these findings in part based upon all such
prior findings, as well. as the entire administrative record
for the project. Further, the Development Agreement merely
implements the project as set forth in the EIR, with no new
significant impacts. As further set forth below, no
conditions exist herein for additional environmental review.
1. No substantial changes are proposed in the
Development Agreement which will require major revisions
of the EIR due to the involvement of new significant
environmental effects or a substantial increase in the
severity of previously identified significant effects.'
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2. No substantial changes have occurred with respect
to the circumstances under which the project is
undertaken, which require major revisions to the EIR,
due to the involvement of new significant environmental
effects or a substantial increase in the severity of
previously identified significant effects.
3 . No new information of substantial importance has
been brought forth.
B. Pursuant to CEQA at PRC § 21083.3 (a) , the EIR was
certified for the zoning for the project, the Development
Agreement is consistent with such zoning, which allows for a
residential development, and there are no new effects upon
the environment peculiar to the project, project site or
Development Agreement not addressed as significant effects in
the EIR, and there has arisen no substantial new information
showing any such effects will be more significant than
described in the EIR.
C. Pursuant to CEQA at PRC §21083 .3 (b) , the Development
Agreement is consistent with the County General Plan (Plan) ,
and an environmental impact report was certified for such
Plan, and there are no new effects on the environment which
are peculiar to the project, project site or Development
Agreement not addressed as significant effects in the
environmental impact report for such Plan, and there has
arisen no substantial new information showing any such effects
will be'more significant than described in such environmental
impact report.
Section III: The Board hereby approves the Development Agreement
pursuant to the authorization provided in sections 65864 et seq.
of the Government Code of the State of , California. The Board
hereby authorizes the Director of Community Development to sign
the Development Agreement on behalf of the County of Contra Costa.
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.
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Section V: This ordinance becomes effective 30 days after passage,
and within 15 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 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Clerk of the Board of Supervisors
By:
Board Chair
is\vo12\client\21621\dahcv.m mo
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE COUNTY OF CONTRA COSTA,
JEFFREY C. AND NANCY A. WIEDEMANN,
WIEDEMANN RANCH, INC.,
SUSAN CHRISTENSEN AND
HCV AND ASSOCIATES, LTD.,
RELATIVE TO THE PROPERTY KNOWN AS
WIEDEMANN RANCH RESIDENTIAL COMMUNITY
(1994 DEVELOPMENT AGREEMENT)
RECEIVED
DEC 1 6 1994
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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TABLE OF CONTENTS
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.1 Incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.2 Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.3 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.4 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3. Obligations of Developer and County . . . . . . . . . . . . . . . . . . . . . . 13
3.1 Obligations of Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.2 Obligation of County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 4. Development of Project and Project Site . . . . . . . . . . . . . . . . . . . 16
4.1 Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Vested Right To Develop . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
California Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Police Power and Taxing Power . . . . . . . . . . . . . . . . . . . . . . . . 16
Environmental Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
No Conflicting Enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Processing Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4.2 Cooperation/Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . 18
New Law - County Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Covenant of Good Faith and Fair Dealing . . . . . . . . . . . . . . . . . 19
Life of Approvals, Includes Subsequent Approvals and Other
Entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Changes in the Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . 20
Timing of Project Construction and Completion . . . . . . . . . . . . . . 20
Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Eminent Domain Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Other Governmental Permits . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.3 General Permitted Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 5. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.1 Amendment of This Agreement . . . . . . . . . . . . . . . . . . . . . . . . 22
5.2 Insubstantial Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.3 Amendments of Project Approvals,;Subsequent Approvals . . . . . . . 23
Section 6. Default; Annual Review; Delay; Legal Challenge . . . . . . . . . . . . 23
6.1 Default . . . . . . . . . . . . . . 23
Notice and Cure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CurePeriod . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Relation to Annual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Compliance with Statue of Limitations . . . . . . . . . . . . . . . . . . . . 25
6.2 Annual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
6.3 Enforced Delay; Extension of Time Performance 26
6.4 Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Applicable Law/Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . 27
Cooperation; Tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
6.5 Defense And Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Developer's Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
County's Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision Agreement and Defense . . . . . . . . . . . . . . . . . . . . . 28
Section 7. Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.1 No Agency, Joint Venture or Partnership . . . . . . . . . . . . . . . . . . 28
7.2 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3 Other Necessary Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.4 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.5 Other Miscellaneous Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.6 Incorporation Or Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 8. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
8.1 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
8.2 Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 9. Transfer of Successor Interests; Notice of
Compliance/Non-Compliance . . . . . . . . . . . . . . . . . . . . . . 31
9.1 Transfer; Notice; Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
9.2 Notice of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Relation to Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 10. Mortgagee Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.1 Mortgagee Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.2 Notice of Default to Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . 34
10.3 Opportunity to Cure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
10.4 Approval by Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
10.5 Notice of Proposed Amendment to Mortgagee 35
Section 11. Counterparts; Entire Agreement; Exhibits; Recordatio 35
11.1 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
11.2 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
11.3 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
11.4 Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE COUNTY OF CONTRA COSTA,
JEFFREY C. AND NANCY A. WIEDEMANN,
WIEDEMANN RANCH, INC.,
SUSAN CHRISTENSEN AND
HCV AND ASSOCIATES, LTD.,
RELATIVE TO THE PROPERTY KNOWN AS
WIEDEMANN RANCH RESIDENTIAL COMMUNITY
(1994 DEVELOPMENT AGREEMENT)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into as of
the day of , 1994, by and between the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California ("County") and JEFFREY C.
AND NANCY A. WIEDEMANN (collectively "Wiedemann"), WIEDEMANN RANCH,
INC., a California corporation ("Wiedemann Corporation"), SUSAN CHRISTENSEN
("Christensen") (Wiedemann and Christensen hereinafter "Property Owners"), HCV AND
ASSOCIATES, LTD., a California limited partnership ("HCV') pursuant to the authority
of Section 65864, et sea. of the California Government Code. HCV, Wiedemann,
Wiedemann Corporation, and Christensen shall be collectively referred to herein as
"Developer." Developer and County are, from time to time, hereinafter referred to
individually as a "party" and collectively as the "parties".
RECITALS
A. To strengthen the public planning process, encourage private participation
in comprehensive planning and reduce . the economic costs of development, the
Legislature of the State of California adopted Section 65864, el seg. of the Government
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Code ("Development Agreement Statute"), which authorizes the County to enter into a
development agreement with any person or entity having a legal or equitable interest in
real property providing for the development of such property and establishing certain
development rights therein.
B. Pursuant to the Development Agreement Statute, the County has adopted
rules and regulations establishing procedures and requirements for consideration of
development agreements. This Agreement has been processed, considered, approved
and executed in accordance with those rules and regulations.
C. The subject of this Agreement is the development of those certain parcels
of land, consisting of approximately 1,143 acres located within County, as diagrammed
in Exhibit A and more particularly described in Exhibit B (the "Project Site"). Jeffrey
C. and Nancy A. Wiedemann, Wiedemann Ranch, Inc., and Susan Christensen owned
portions of the Project Site. HCV and Associates, Ltd., have an equitable interest in the
Project Site.
D. The Project Site has been and continues to be the subject of intense
comprehensive planning efforts. Both the County and the City of San Ramon (the
"City") include the Project Site within their respective planning areas. Over a period
of more than four years, the City prepared a comprehensive specific plan for the entire
San Ramon Westside. The San Ramon Westside Specific Plan (the "Westside Specific
Plan") was approved on October 31, 1989. In compliance with the California
Environmental Quality Act, Public Resources Code Section 21000, et seg., the City
certified a final environmental impact report covering the Westside Specific Plan on
October 24, 1989 ("Westside Specific Plan EIR"). The County has also granted various.
discretionary land use approvals allowing the Property to be developed and used for
residential, agricultural and related purposes, as further described below.
E. By adoption of Ordinance No. 90-91, the Board approved a prior
development agreement between the County and Property Owners on October 2, 1990
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(hereinafter "Prior Development Agreement"). The Prior Development Agreement was
entered into prior to adoption of the County General Plan adopted on January 29, 1991,
and approval of the Approvals as defined in Recital F. The purpose of this Agreement
is to incorporate herein various modifications to reflect the adoption and requirements
of the County General Plan, the Approvals, and new standard provisions desired by the
County in its development agreements, and to make other changes as Developer and the
County deem necessary or desirable in connection with development of the Property
consistent with the Approvals. This Development Agreement supersedes the prior
Development Agreement only if this Development Agreement remains in full force and
effect.
F. On December 8, 1992, the County Board of Supervisors ("Board of
Supervisors") approved 1) Rezoning No. 2947-R2 which rezoned portions of the Project
Site from SL to P-1 (the "Rezoning"), 2) Preliminary Development Plan No. 3005-91 (the
"Preliminary Development Plan"), 3) Vesting Tentative Subdivision Map Nos. 7575 and
7578 which provides for the subdivision of the Project Site into 371 residential lots (the
"Tentative Map") and all related on-site and off-site infrastructure improvements and
services subject to conditions of approval ("Conditions of Approval"), 4) tentative
cancellation of Williamson Act contracts (Nos. 5-76 and 16-70) (the "Williamson Act
Contract Cancellations"), and 5) exceptions to certain development standards set forth
in the Subdivision Ordinance and Zoning Code (the "Exceptions"). The Rezoning,
Preliminary Development Plan, Tentative Map, Williamson Act Contract Cancellations
and Exceptions are collectively referenced in this Agreement as the "Approvals". The
"Project" consists of the improvements contemplated by the Approvals. Any reference
in this Agreement to the Project or the development of the Project shall also mean and
include the Project Site and its development pursuant to the Approvals.
G. The Project, the Approvals, and this Agreement have all been properly
reviewed and assessed by the County pursuant to CEQA, the State CEQA Guidelines,
and the County CEQA Guidelines enacted pursuant thereto (collectively "CEQA"). The
Project was the subject of a supplement to the Westside Specific Plan EIR and the
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County General Plan EIR, entitled Supplemental EIR for the Wiedemann Ranch
Residential Community Project (the "Supplemental EIR").
H. The current General Plan designates the Project Site "Single-Family
Residential-Low Density" and "Agricultural Lands." The Board of Supervisors certified
an Environmental Impact Report for the County General Plan on January 29, 1991,
("County General Plan EIR"). The Project and this Agreement are consistent with the
General Plan.
I. Developer may make application for other land use approvals, actions,
agreements, permits or entitlements necessary or desirable to the development of the
Project ("Subsequent Approvals"), including without limitation, amendments to the
Approvals, design review approvals, final development plan, improvement agreements and
other agreements related to the Project, grading permits, building permits, certificates of
occupancy, final subdivision map, landscaping plans, encroachment permits, re-
subdivisions, and any amendments to, or repealing of, any of the foregoing.
J. On November 7, 1994, the Zoning Administrator, following a duly noticed
and conducted public hearing, recommended that the Board of Supervisors approve this
Agreement. On December 13, 1994, the Board of Supervisors, following a duly noticed
and conducted public hearing, adopted Ordinance No. 94-73, approving this Agreement.
K. Development of the Project in accordance with this Agreement will provide
for orderly growth consistent with the goals, policies, and other provisions of the General
Plan.
L. For the reasons recited herein, County and Developer have determined
that the Project is the type of development for which this Agreement is appropriate.
The Agreement will: eliminate uncertainty in planning and provide for the orderly
development of the Project; mitigate significant environmental impacts; preserve
approximately seventy-five percent (75%) of the Project Site as permanent open space
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(as hereinafter defined); protect significant ridgelines, slopes and creek areas; provide
funding for affordable housing, housing shelters, necessary safety improvements to Norris
Canyon Road; provide needed higher end housing in the San Ramon area; provide the
construction of an on-site detention basin to regulate storm water run-off entering San
Catanio Creek, improving the existing condition; allow for additional benefits as discussed
in this Agreement; and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted.
AGREEMENT
Section 1. General Provisions
1.1 Incorporation. The preamble, the Recitals, and all defined terms set forth
in both, are hereby incorporated into this Agreement as if set forth herein in full.
1.2 Covenants. The provisions of this Agreement shall constitute covenants
or servitudes that shall run with the land comprising the Project Site, and the burdens
and benefits thereof shall bind and inure to the benefit of all Successor Interests as
defined below.
1.3 Effective Date. This Agreement shall become effective upon the thirtieth
(30th) day following adoption by the Board of Supervisors of Ordinance No. 94-73
approving this Agreement or the date upon which Agreement is executed by the Parties,
whichever is later ("Effective Date"). The Effective Date shall be inserted in the
preamble of this Agreement. This Agreement supersedes the Prior Development
Agreement.
1.4 Term. The term of this Agreement shall be fifteen (15) years from the
Effective Date.
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Section 2. Definitions.
Unless the context requires a different meaning, any term.or phrase used in this
Agreement that has its first letter capitalized shall have that meaning given to it by this
Agreement. Certain such terms and phrases are referenced below; others are defined
where they appear in the text of this Agreement or its Exhibits.
"Advisory Notes" shall mean the Advisory Notes that follow the Conditions of
Approval.
"Agreement" shall mean this Development Agreement and all of its Exhibits.
"Alleged Default" shall mean failure or unreasonable delay by either party to
perform any term, provision, or condition of this Agreement.
"Annual Review" shall mean the annual review that the County shall make
regarding the good faith compliance by Developer with the terms of this Agreement.
"Applicable Law" shall mean the rules, regulations, official policies, standards and
specifications set forth in the Approvals and (when they are adopted or issued) the
Subsequent Approvals, and, with respect to matters'not addressed by the Approvals and
the Subsequent Approvals (as and when they are adopted or issued), those rules,
regulations, official policies, standards and specifications, including County ordinances and
resolutions, in force and effect on the Effective Date.
"Application" shall mean an application for a Subsequent Approval, pursuant to
the County's forms, requirements and procedures in place when it is submitted to the
County, including all applicable Processing Fees.
"Approvals" shall have that meaning set forth in Recital F.
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"Board of Supervisors" or "Board" shall mean the Board of Supervisors of the
County of Contra Costa or its designee.
"CEQA" shall have the same meaning as set forth in Recital G.
"CEQA Guidelines" shall mean the regulations set forth in 14 California Code of
Regulations, Section 15000, et seq.
"Challenge" shall mean a Legal Action instituted by a party other than the parties
to this Agreement or their Successor Interests, including another governmental entity or
official ("Third Party"), challenging the validity of any provision of this Agreement, the
Subsequent Approvals, or any other aspect of the Project.
"Changes in the Law" shall mean any New County Law that is specifically
.mandated and required by changes in state or federal laws or regulations.
"Conditions of Approval" shall have that meaning set forth in Recital F.
"County" shall mean the County of Contra Costa, and shall include its County
Board of Supervisors, Planning Commission, agencies, departments,employees, authorized
agents, authorized consultants, and authorized volunteers.
"County Laws" shall mean all County laws, ordinances, resolutions, rules,
regulations, policies, directives, mitigation measures, conditions, standards, specifications,
dedications, fees, taxes, assessments, liens, other exactions and impositions, or any other
action, whether enacted or adopted by the County or its electorate through the initiative
or referendum process.
"County General Plan" or "General Plan" shall mean the General Plan of the
County.
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"County General Plan EIR" shall have the same meaning as set forth in
Recital H.
"Curing Party" shall mean the party to whom a Default Notice has been given.
"Cure Period" shall mean a period of thirty days after Default Notice is given by
the Noticing Party to the Curing Party.
"Default" shall mean the failure or unreasonable delay by the Curing Party to
cure an Alleged Default during the Cure Period after having received a Default Notice.
"Default Notice" shall mean a written notice given by the Noticing Party to the
Curing Party of an Alleged Default.
"Developer" shall have that meaning set forth in the preamble, and shall further
mean and include Developer's Successor Interests.
"Development Agreement Statute" shall mean Government Code Sections 65864
through 65869.5.
"Director" shall mean the Director of Community Development of the County of
Contra Costa, or his or her designee.
"Effective Date" shall have that meaning set forth in Section 1.3.
"Exceptions" shall have the same meaning set forth in Recital F.
"Foreclosure" shall mean judicial foreclosure, sale under a power of sale, or deed
in lieu of either of the foregoing.
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"Impact Fees" shall mean all County fees relating to new development that are
in force and effect on the Effective Date or are established and imposed through this
Agreement (except Processing Fees).
"Insubstantial Amendments" shall mean any amendment to this Agreement that
does not relate to the Term, permitted uses, density and intensity of use, maximum
height and size of proposed buildings, provisions for reservation and dedication of land,
or conditions, terms, restrictions, and requirements relating to Subsequent Approvals or
their subsequent discretionary actions, monetary contributions by Developer, or any
conditions or covenants relating to the Project.
"Laws" or "Law" shall mean and include all applicable federal,_state, regional and
district or other agency constitutions, statutes, regulations, and controlling case law.
"Legal Action" shall mean and include (i) any administrative action or proceeding
or appeal thereof, (ii) any action or proceeding in law or equity, or appeal thereof, or
(iii) any other action or proceeding to enforce a Legal Right not encompassed by the
preceding (i) or (ii). In no event shall either party be entitled to recover from the other
party, either directly or indirectly, damages, costs, or attorneys' fees in any Legal Action.
"Legal Rights" shall mean and include (i) all Rights given under this Agreement;
(ii) all administrative rights and remedies; (iii) all rights to administrative remedies and
to protest regarding any legislative or adjudicatory act; and (iv) all rights to bring a
Legal Action and to other remedies in law and equity, including without limitation
actions to cure, correct, or remedy any Default; to enforce any covenant or agreement
herein; to enjoin any threatened or attempted violation thereof; to enforce by specific
performance the obligations and rights of the parties hereto; or to obtain any remedies
consistent with the purpose of this Agreement. Legal Rights shall not include the right
to recover damages, costs, attorneys' fees for any Default of the provisions of this
Agreement. ,
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"Mortgage" shall mean a mortgage, deed of trust, or other security instrument.
"Mortgagee" shall mean a mortgagee, a beneficiary of a deed of trust or the
secured party under any other security instrument.
"New County Law" shall mean any County Law that becomes operative or effective
after the Effective Date that is not part of the Applicable Law.
"Notice" shall mean any notice or communication required pursuant to this
Agreement by County or Developer.
"Notice of Compliance" shall mean a notice from the County that the Developer
is in Compliance with this Agreement.
"Notice of Intent to Terminate" shall mean a notice by the County to the
Developer that the County intends to terminate the Agreement because, of the
Developer's Default.
"Notice of Non-Compliance" shall mean a notice from the County that the
Developer is not in compliance with this Agreement.
"Notice of Termination" shall mean a notice from the County following the Zoning
Administrator's determination that the Developer is in Default and has failed to Cure
said Default.
"Noticing Party" shall mean the party who gives a Default Notice to the Curing
Party regarding an Alleged Default.
"Planning Commission" shall mean the County Planning Commission or a regional
planning commission having jurisdiction over the Project.
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"Portion" shall have the same meaning as set forth in Section 7.2.
"Preliminary Development Plan" shall have the same meaning set forth in
Recital F.
"Prior Development Agreement" shall have the same meaning set forth in
Recital E.
"Processing Fees" shall mean fees charged by the County imposed solely to recover
the reasonable costs to the County for staff time and resources spent reviewing and
processing applications for Subsequent Approvals.
"Project" shall have the same meaning set forth in Recital F.
"Project Site" shall have the same meaning set forth in Recital C.
"Remaining Property" shall mean the portion of the Project Site and/or Rights
not transferred to a Successor interest.
"Re-zoning" shall have the same meaning set forth in Recital F.
"Right" or "Rights" shall mean a party's rights, duties, responsibilities and
obligations under the terms and conditions of this Agreement.
"Subdivision Map Act" shall have that meaning set forth in Government Code
Section 66410.
"Subsequent Approvals" shall have the same meaning set forth in Recital I.
"Successor Interests" shall mean all successor estates and interests in the Project
and the Project Site, as well as all successors in interests, heirs, assignees, and transferees
11
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of the parties.
"Supplemental EIR" shall have the meaning set forth in Recital G.
"Tender" shall mean the County's tender to the Developer of the complete defense
of a Challenge.
"Tentative Map" shall have the same meaning set forth in Recital F.
"Term" shall have the same meaning set forth in Section 1.4 of this Agreement.
' hird Party" shall mean a party other than the parties to this Agreement or
their Successor Interests, including another governmental entity or official.
"Transfer" shall mean Developer's right to assign or transfer the Transferred
Property to a Transferee.
"Transferee" shall mean a Successor Interest to the Transferred Property.
"Transferred Property" shall mean any portion of the Project Site or the
Developer's rights under this Agreement that has been transferred to Transferee.
"Westside Specific Plan" shall have the same meaning set forth in Recital D.
"Williamson Act Contract Cancellations" shall have the same meaning set forth
in Recital F.
"Zoning Administrator" shall mean the Zoning Administrator of the Count.
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Section 3. Obligations of Developer and County.
3.1 Obligations of Developer.
(a) Approval and execution of this Agreement by County are in consideration,
among other things, of Developer's acceptance of and agreement to comply with this
Agreement, the Approvals and any Subsequent Approvals that are consistent with this
Agreement.
(b) Developer also shall be obligated to do the following:
(1) Develop the Project Site in substantial compliance with the
Approvals, including but not limited to the Preliminary Development Plan,
Tentative Map, and Conditions of Approval if development occurs on the Project
Site. As to Condition of Approval No. 3, Final Development Plan, it is hereby
confirmed that for purposes of final development plan approval by the Planning
Commission, "a design level detail comparable to a final subdivision map" shall
mean and be limited to: 1) a 40 feet scale grading plan subject to revisions
necessary to balance dirt on site; 2) creekside restoration plan; 3) a project
gateway design; 4) project entrance design; 5) plans identifying location of
soundwalis; 6) a grading/tree preservation plan which identifies all trees with a
trunk circumference of 20 inches or greater within 10 -feet inside and 40 feet
outside the grading limits (the survey shall provide a tally of the number and
trunk circumference of trees to be removed); 7) an erosion control-plan per
Condition of Approval No. 18; 8) a restrictive covenant and scenic easement
instrument per Condition of Approval No. 21; 9) a final regional trail alignment
per Condition of Approval No. 25; 10) Covenants, Conditions and Restrictions
(CC&Rs) per Condition of Approval No. 37; 11) project common facilities and
landscaping plans (not including irrigation details) per Condition of Approval Nos.
28 and 29; 12) typical representations of general building envelopes; and 13) final
design guidelines. Consistent with Condition of Approval No. 3, the Planning
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ice..
Commission's review of the final Development Plan shall be scheduled within sixty
days from the date of submittal of the design level plans. Individual architectural
and lot design plans shall be submitted subsequently consistent with Conditions of
Approval No. 5. Detailed improvement plans (street, sanitary sewer, storm drain,
and other utility plans and profiles necessary for filing of the final subdivision
map) need not be submitted and approved until after the final development plan
is approved and the level of detail therein has been finalized.
(2) Restrict approximately 854 acres or approximately 75% of the Project
Site to agricultural and open space use. The open space will be preserved as
privately-owned, deed-restricted agricultural land and public open space, as more
particularly described in the Conditions of Approval Nos. 3(M), and 21 through
24. The County acknowledges that the Approvals satisfy this requirement. For
the purposes of this Agreement, "open space" is defined to include private and
public land used for agriculture, grazing, waterways, wetlands, recreation, parks,
trails, community landscaped areas, buffer and setback corridors (including but not
limited to scenic easements, creek setback and similar corridors), rural residential
parcels and agricultural structures allowed by the County General Plan, and such
other non-urban uses upon which the parties may mutually agree.
(3) Develop the Project Site consistent with County's ridgeline, hillside,
and slope development regulations in effect on the Effective Date, and consistent
with the Approvals. The County acknowledges and agrees that the Approvals are
consistent with the County General Plan, including provisions therein that relate
to the development and/or protection of ridgelines, hillsides, and slopes.
(4) Pay the sum of $3,333.00 per unit to the Affordable Housing Trust
established by the County as more particularly described in Condition of Approval
No. 51, unless otherwise agreed by the Board of Supervisors and HCV in writing.
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(5) Pay the sum of $150,000 to the Homeless Trust Fund established by
the County as more particularly described in Condition of Approval No. 51, unless
otherwise agreed by the Board of Supervisors and HCV in writing.
(6) Contribute $25.00 per each approved residential unit to a non-profit
fund to study the feasibility of a light rail system for Contra Costa County, as
more particularly described in Condition of Approval No. 51, unless otherwise
agreed by the Board of Supervisors and HCV in writing. The total contribution
for the study shall be paid prior to the filing of the first phased final map.
(7) Construct regional trails and offer to dedicate easements for regional
trails and access as shown on the Project agricultural lots map, and as more
particularly described in Condition of Approval Nos. 4 and 25. To the extent
feasible, the program for trail construction shall include utilization of hand labor
from the East Bay Conservation Corps, or similar work program.
(8) Ensure that all residential houses will meet energy efficiency
standards of 10% more than the requirements of Title 24 of the Californa Code
of Regulations in effect on the Effective Date of this Agreement consistent with
Condition of Approval No. 52.
(9) Construct improvements to Norris Canyon Road both on and off-
site as more particularly described in Condition of Approval No. 49 (A) and (B).
Pursuant to such condition, the improvements shall include bike lanes and four-
foot all weather rock shoulders along with safety improvements, capacity
improvements, and necessary reconstruction, and shall be designed for a design
speed of 35 miles per hour. Consistent with the approval by Public Works
Department, the County agrees that closure of the road is desired and acceptable
during improvement construction for safety reasons.
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(10) Install in each garage, an electrical outlet for potential use in
recharging electrical vehicles, as required by Condition of Approval No. 52.
3.2 Obligation of County. Approval and execution of this Agreement' by
Developer are in consideration, among other things, of County's acceptance of and
agreement to comply with this Agreement, the Approvals and any Subsequent Approvals
that are consistent with the Agreement.
Section 4. Development of Project and Project Site.
4.1 Applicable Law.
(a) Vested Right To Develop. Developer shall have the vested right to develop
the Project pursuant to the Applicable Law.
(b) California Codes. Notwithstanding Section 4.1(a), and to the extent such
requirements are not inconsistent with the Conditions of Approval and Advisory Notes,
the County may from time to time apply then-current California Building Standards
Code, the County's infrastructure improvement design standards and other uniform
construction codes to the Project throughout the term of this Agreement, provided that
such uniform codes shall apply to the Project only to the extent that the applicable code
(and the applicable version or revision of the code) has been adopted by County and is
in effect in the unincorporated area on a County-wide basis.
(c) Police Power and Taxing Power. Nothing in this Agreement shall be
construed to (and nothing herein shall) limit any general County power (either exercised
directly by the Board of Supervisors or by Board-called election) to fix, establish, or levy
a general or special tax or benefit assessment, so long as it is fixed, established, or
levied on a County-wide (unincorporated area) or specific-area basis including more than
just the Project Site. Further, nothing in this Agreement shall limit the authority or
16
ability of the County to levy a tax and/or benefit assessment on less than a County-
wide basis, so long as it is otherwise done on an appropriate specific-area basis.
(d) Environmental Mitigation. County's environmental review of any
Subsequent Approval pursuant to CEQA shall utilize the Supplemental EIR to the fullest
extent permitted by law.
(e) No Conflicting Enactments. Notwithstanding any other provisions of this
Agreement, this Agreement does not preclude the County or the voters in the County,
by subsequent action, from enacting or imposing any New County Law that does not
conflict with this Agreement. Any New County Law, whether by specific reference to the
development of the Project or as part of a general enactment that directly or indirectly
applies to the development of the Project, shall be considered to conflict with this
Agreement and therefore not to be applicable to the Project, if it has any of the
following effects:
(1) Limits or reduces the density or intensity of the Project granted by
the Applicable Law, or otherwise requires any reduction in the number, size or
square footage of lots, homes, structures, buildings or other improvements.
(2) Limits public services to the Project or related facilities (for example,
water, drainage, sewer or sewage treatment capacity).
(3) Limits or controls in any manner the timing or phasing of the
construction or development of the Project.
(4) Limits the location of buildings, structures, grading, or other
improvements involved with the development of the Project in a manner that is
inconsistent with or more restrictive than the Applicable Law.
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(5) Applies to the development of the Project any New County Law
otherwise allowed by this Agreement that is not uniformly applied on a
Countywide basis to all substantially similar development projects and project sites.
(6) Limits the processing or procuring of applications for or approvals
of Subsequent Approvals.
The County may apply a New County Law to the development of the Project if it is
consistent with this Agreement. If County denies any Subsequent Approval on the basis
that it does not comply with a New County Law that is consistent with this Agreement,
County shall follow the procedures set forth in Section 4.2(f)(2) of this Agreement.
(f) Processing Fees. County may charge Developer the Processing Fees that
are in force and effect in the unincorporated area on a County-wide basis at the time
the services are rendered.
(g) Impact Fees. Developer shall pay only the Impact Fees and the amount
of such Fees as required by the Conditions of Approval and Advisory Notes, and as
specified in Section 3.1 of this Agreement.
4.2 Cooperation/Implementation.
(a) New Law - County Efforts
(1) To the maximum extent permitted by law, County shall use its best
efforts to prevent any New County Law from invalidating or prevailing over all or
any part of this Agreement, and County agrees to cooperate with Developer in a
reasonable manner in order to keep this Agreement in full, force and effect.
(2) County shall not support or enact any New County Law, or take any
other action, that would violate the express or implied terms, conditions, spirit or
18
intent of this Agreement.
(3) The parties recognize that the County presently is required by law
to defend the validity of any voter-approved County initiative or referendum. The
undertaking and provision of any such defense by the County shall not be
construed in any manner as a violation or Default of this Agreement, provided
that consistent with Section 4.1 of this Agreement an initiative or referendum that
is inconsistent with this Agreement or the Project shall not apply to this Project.
(4) Should any moratorium or other growth or limitation restriction be
enacted, whether by action of the County or by voter-approved initiative,
referendum, or other means (collectively, "Moratorium"), and the County is
prohibited from applying the restrictions of such Moratorium to the Project,
Developer shall fully defend County against any legal Challenge to County's failure
to apply such Moratorium to the Project. Developer shall provide all necessary
legal services, bear all costs therefor, and otherwise indemnify and hold County
harmless from all costs and expenses of any such Challenge and litigation,
including any award of attorneys' fees in favor of the petitioner or plaintiff.
(5) Developer reserves the right to challenge any New County Law or
its application to the Project. No such challenge shall be subject to the cure
provisions set forth in Section 6 of this Agreement.
(b) Covenant of Good Faith and Fair Dealing. Each party shall use its best
efforts and take and employ all necessary actions to ensure that the Rights secured by
the other party through this Agreement can be enjoyed and neither party shall take any
action that will deprive the other party of the enjoyment of the Rights secured through
this Agreement.
(c) We of Approvals, Includes Subsequent Approvals and Other Entitlements.
The term of any Approvals, including without limitation, the Rezoning Preliminary
19
Development Plan, Tentative Map, and the Subsequent Approvals shall automatically be
extended for the longer of: (1) the terms of this Agreement; or (2) the term normally
given the Approval under controlling state law or, in the absence of such state law, the
term given said Approval under local law.
(d) Changes in the Applicable Law. Pursuant to Government Code Section
65869.5, and notwithstanding any other provision of this Agreement, this Agreement shall
not preclude the application to the project or Project Site of any Changes in the Law.
In the event the Changes in the Law prevent or preclude compliance with one or more
provisions of this Agreement, such provisions of the Agreement shall be modified or
suspended as may be necessary to comply with the Changes in the Law, and County and
Developer shall take such action as may be required pursuant to this Agreement,
including without limitation Sections 4.2, 5 and 7.3.
(e) Timing of Project Construction and Completion. Anything herein to the
contrary notwithstanding, there is no requirement that Developer initiate or complete
development within any particular time, and County shall not impose any such
requirement on any subsequent Approval. Developer shall develop the Project in
accordance with Developer's time schedule as such schedule may exist from time to time,
and Developer shall determine which part of the Project to develop first. In particular,
it is the parties' desire to avoid the result in. Pardee Construction Co. v. Cit,Yof
Camarillo, 37 Cal.3d 465 (1984), specifically that the failure of the parties to consider
and expressly provide for the timing of development resulted in a later-adopted initiative
restricting the timing of development to prevail over such parties' agreement. Therefore,
the Parties acknowledge that Developer shall have the right to develop the Project in
such order and at such rate and at such times as Developer deems appropriate within
the exercise of its subjective business judgment.
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(f) Processing.
(1) County shall promptly commence and diligently complete all steps
necessary to act on any Application upon its submission by Developer, including
without limitation: (a) noticing and holding of all required public hearings; and
(b) the granting or approval of the Application to the extent that it complies with
this Agreement and the Applicable Law.
(2) County may deny an Application only if it does not comply with
this Agreement or is inconsistent with the Project, the Approvals, a Subsequent
Approval or other aspects of the Applicable Law. County may impose conditions
of approval to the extent that such conditions of approval are consistent with the
Applicable Law, or are necessary to make the Application consistent with or bring
the Application into compliance with the Applicable Law. If County denies an
Application, County must specify the modifications to the Application that are
required to obtain approval. All specified modifications must be consistent with
the Applicable Law, and County shall approve any Application subsequently
submitted for County review if it complies with the specified modifications.
County and Developer shall, with due diligence and in good faith, cooperate to
process and approve, grant or issue Subsequent Approvals, and County shall
require modifications rather than denying an Application whenever reasonably
possible.
(3) County's obligation under paragraph (1) above is conditioned on
Developer's provision to County, in a timely manner of appropriate, all documents,
applications, plans, and other information necessary for County to carry out its
obligations hereunder. It is the express intent of Developer and County to
cooperate and diligently work to approve and implement each Application.
(g) Eminent Domain Power. County shall cooperate with Developer in
implementing the Approvals and this Agreement, including without limitation considering
21
the use by County of its power of eminent domain where necessary or desirable to
satisfy a condition of approval for an Application. The use of such power by the County
shall be subject to County policy regarding the exercise of the power of eminent domain
in connection with private development.
(h) Other Governmental Permits. Developer shall apply in a timely manner
for Subsequent Approvals required by other agencies having jurisdiction over, or
providing services or facilities to, the Project. County shall cooperate with Developer
relative to such Subsequent Approvals by other agencies, but County shall not be
required by this Agreement to join or become a party in any manner to litigation or any
administrative proceeding involving such agencies. County shall cooperate with the
Developer in efforts to obtain such permits and approvals, provide any documents or
certificates reasonably required to process and obtain such permits and approvals, and,
at the request of the Developer, attempt with due diligence and in good faith to enter
into binding agreements with any such entity necessary to assure the availability of such
permits and approvals or services, provided such agreements are reasonable and not
detrimental to the County.
4.3 General Permitted Use. The Term, permitted uses, density and intensity
of use, maximum height, and size of proposed homes, buildings and other structures, and
provisions for reservation or dedication of land and other terms and conditions of
development applicable to the Project shall be those set forth in this Agreement and the
Applicable Law.
Section S. Amendment.
5.1 Amendment of This Agreement. This Agreement may be amended from
time to time, in whole or in part, by mutual written consent of the Parties or their
successors in interest, in accordance with this Agreement and the provisions of
Government Code H 65867, 65867.5, and 65868 as follows.
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5.2 Insubstantial Amendments. Paragraph G of the County's "Procedures and
Requirements for the Consideration of Development Agreements," adopted by Board
Resolution No. 85/412, permits a development agreement to establish an alternative
procedure for the processing of "insubstantial amendments" to such an agreement.
Notwithstanding the other provisions of this Section 5.2, and pursuant to said Paragraph
G, any amendment to this Agreement which does not relate to (i) the Term of this
Agreement, (ii) permitted uses of the Project Site, (iii) provisions for reservation or
dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent
discretionary actions, (v) an increase in the density or intensity of use of the Project Site,
(vi) the maximum height or size of proposed buildings, or (vii) monetary contributions
by Developer, shall not, except to the extent otherwise required by law, require notice
or public hearing before the Parties may execute an amendment hereto. The Director
shall determine whether this Insubstantial Amendment exemption applies, which
determination may be appealed by any aggrieved person to the Board of Supervisors in
accordance with the provisions of Chapter 14-4 of the County Ordinance Code. Any
such appeal shall toll all applicable time periods until such time as the appeal is
concluded.
5.3 Amendments of Project Approvals, Subsequent Approvals. No amendment
of a Project Approval (other than this Agreement) or Subsequent Approval shall require
an amendment to this Agreement. Instead, any such amendment automatically shall be
deemed to be incorporated into the Project and made subject to this Agreement.
Section 6. Default; Annual Review; Delay; Legal Challenge.
6.1 Default.
(a) Notice and Cure. The terms, provisions and conditions of this Section 6
shall apply to any Default by either party. Failure or unreasonable delay by either party
to Cure an Alleged Default within the Cure Period shall constitute a Default under this
Agreement, subject to this Section 6 and to extensions of time by mutual consent in
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writing. The Default Notice shall be given pursuant to Section 8 of this Agreement and
shall specify the nature of the Alleged Default and, where appropriate, the measures
required to Cure the Alleged Default and the Cure Period. If the nature of the Alleged
Default is such that it cannot reasonably be cured within the Cure Period, the
commencement of the Cure within the Cure Period and the diligent prosecution to
completion of the Cure shall be deemed a Cure within the Cure Period.
(b) Cure Period. During any Cure Period, the Curing Party shall not be in
Default of this Agreement for the purposes of termination, institution of a Legal Action
or other action or proceeding. If the Alleged Default is Cured, then no Default by the
Curing Party shall have taken place or existed and the Noticing Party shall take no
further action.
(c) Remedies. Subject to the foregoing provisions of this Section 6.1, after
Default Notice and expiration of the Cure Period without Cure, the Noticing Party may
do the following:
(1) If the Noticing Party is Developer, it may institute a Legal Action
regarding the Default against County.
(2) If the Noticing Party is County, it may institute a Legal Action
regarding the Default against Developer, and it may give Notice of Intent to
Terminate the Agreement pursuant to the Development Agreement Statute and
County Laws. A Notice of Intent to Terminate shall be given pursuant to Section
8 of this Agreement. Following a Notice of Intent to Terminate, the matter shall
be scheduled for public hearing for consideration by the Zoning Administrator in
the manner set forth in the Development Agreement Statute and County Laws.
Developer shall have the right to offer written and oral evidence before and at
said public hearing. Following consideration of the substantive evidence in the
record before the Zoning Administrator, and a determination by the Zoning
Administrator that Developer is in Default, the County, at its option, may give
24
C
written Notice of Termination of this Agreement to the Developer. Said Notice
of Termination shall be given pursuant to Section 8 of this Agreement. Developer
shall have the right to appeal the Zoning Administrator's decision to terminate
this Agreement to the Board of Supervisors, in accordance with the provisions of
chapter 14-4 of the County Ordinance Code. Any such appeal shall toll all
applicable time periods until such time as the appeal is concluded.
(d) Relation to Annual Review. Evidence of an Alleged Default by Developer
may also arise in the course of the regularly scheduled Annual Review of this
Agreement, as further described in Section 6.2 of this Agreement.
(e) Compliance with Statute of Limitations. Notwithstanding the above, either
party shall not be precluded from instituting a Legal Action, or other action or
proceeding as necessary to preserve rights under any applicable statute of limitations.
6.2 Annual Review.
(a) On or before the first anniversary of the Effective Date, and on or before
each anniversary date during the term of this Agreement thereafter, the County shall
conduct an Annual Review. This review shall be conducted by the Zoning Administrator
and shall be limited in scope to compliance with the terms of this Agreement.
(b) During the Annual Review, Developer shall be required to demonstrate
good faith compliance with the terms of this Agreement. At the conclusion of the
Annual Review, the Zoning Administrator shall make written findings and determinations,
on the basis of substantial evidence in the record, whether or not Developer has
complied in good faith with the terms and conditions of this Agreement. If the Zoning
Administrator finds and determines that Developer has not complied with such terms and
conditions, and such non-compliance may amount to a Default if not cured, then the
Zoning Administrator may deliver to Developer a Default Notice pursuant to Section
6.1(a) of this Agreement, in which case the provisions of Section 6.1 shall apply. If the
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Zoning Administrator does not send such a Default Notice, then the Zoning
Administrator and County shall take no further action; County (including the Zoning
Administrator) may exercise its Rights and Legal Rights relating to any such event of
default only after complying with Section 6.1 of this Agreement.
(c) County shall deliver to Developer a copy of all staff reports and documents
to be used or relied upon in conducting the Annual Review and, to the extent practical,
related exhibits concerning Developer's performance hereunder, at least ten days prior
to any such Annual Review. Developer shall be permitted to respond orally at the
public hearing, by a written statement, or both, to County's evaluation of Developer's
performance.
(d) In the event County fails to either: (1) conduct the Annual Review or (2)
notify Developer in writing (following the time during which the review is conducted) of
County's determination as to compliance or non-compliance with the terms of this
Agreement and such failure remains uncured as of sixty (60) days following the.
anniversary of the Effective Date in any year during the term of this Agreement, such
failure shall be conclusively deemed a determination by County of Developer's
compliance with the terms of this Agreement for that Annual Review period.
(e) With respect to any year for which an Annual Review is conducted and
compliance is approved, or with respect to any year in which County is deemed to
approve of Developer's compliance with this Agreement pursuant to the preceding
paragraph, County, upon request of Developer, shall provide Developer with a written
Notice of Compliance, pursuant to Section 9 of this Agreement.
6.3 Enforced Delay; Extension of Time Performance. In addition to specific
provisions of this Agreement, performance by either party hereunder shall not be deemed
to be in Default where delays or Defaults are due to war, insurrection, strikes, walkouts,
riots,.floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed
or mandated by governmental entities other than County, judicial decisions, or similar
26
basis for excused performance that is not within the reasonable control of the party to
be excused. A Challenge shall be deemed to create an excusable delay. Upon the
request of either party hereto (notice of which shall be given in the means and manner
set forth in Section 8 of this Agreement), an extension of time for such cause shall be
granted in writing by the other party for the period of the enforced delay or longer as
may be mutually agreed upon.
6.4 Legal Action
(a) Applicable Law/Attorneys' Fees. This Agreement shall be construed and
enforced in accordance with the laws of the State of California. If a Legal Action by
either party is brought relating to a Default under this Agreement or to enforce a
provision of this Agreement, the prevailing party shall not be entitled to attorneys' fees.
(b) Cooperation; Tender. The parties shall cooperate in defending against any
Challenge, to settlement or final judgment. County may Tender the complete defense
of the Challenge to Developer, and Developer shall thereupon defend, indemnify and
hold harmless County from all damages, costs, and liabilities arising from the Challenge
and shall control the defense. Developer shall save and hold harmless County from and
against any and all claims and awards for third party attorneys' fees associated with such
Challenge. If, at any time, County (in its sole discretion) determines it is not satisfied
.with the Developer's ability or capacity to defendant County, or with the Developer's
actual defense of County to date, County may file a disclaimer or assume the direct
provision of its own defense. The parties agree that this paragraph shall constitute a
separate agreement entered into concurrently with this Agreement, and that if any other
provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null,
or set aside by a court of competent jurisdiction, the parties agree to be bound by the.
terms of this paragraph, which shall survive such invalidation, nullification, or setting
aside.
27
f
6.5 Defense And Indemnity.
(a) Developer's Actions. Developer shall defend, hold harmless, and indemnify
County and its elected and appointed officers, agents, employees, and representatives
from claims, costs, and liabilities for any personal injury, death, or physical property
damage (including inverse condemnation) that arises directly or indirectly as a result of
the construction of the Project, or of operations performed under this Agreement, by
Developer or by Developer's contractors, subcontractors, agents or employees, whether
such operations were performed by Developer or any of Developer's contractors,
subcontractors, or by any one or more persons directly or indirectly employed by, or
acting as agent for Developer or any of Developer's contractors or subcontractors.
(b) County's Actions. Nothing in this Section shall be construed to mean that
Developer shall defend, indemnify, or hold County or its elected or appointed
representatives, officers, agents or employees harmless from any claims of personal injury,
death, or property damage arising from, or alleged to arise from, the maintenance or
repair by County of improvements that have been offered for dedication and accepted
by County for maintenance.
(c) Subdivision Agreement and Defense. To the extent of any inconsistencies
or conflicts between the provisions of County's current form of its standard Subdivision
Agreement indemnification provisions and the provisions of the State Subdivision Map
Act (Gov. Code § 66400, et seq.) on the obligations of subdividers to defend County and
this Agreement, the provisions of that Subdivision Agreement and/or the Subdivision
Map Act shall prevail over those of this Agreement so that Developer shall be subject
to the greater obligation to defend and indemnify County.
Section 7. Miscellaneous Provisions.
7.1 No Agency, Joint Venture or Partnership. It is specifically understood and
agreed to by and between the parties hereto that:
28
(a) The Project is a private development;
(b) Developer shall have full power over and exclusive control of the Project
herein, subject only to the limitations and obligations of Developer under this
Agreement, the Approvals, and the Subsequent Approvals; and
(c) County and Developer hereby renounce the existence of any form of agency
relationship, joint venture or partnership between them and agree that nothing contained
herein or in any document executed in connection herewith shall be construed as creating
any such relationship.
7.2 Severability. If any portion, part, section, subsection, subdivision, sentence,
phrase, word, term, provision, covenant, or condition of this Agreement (collectively,
"Portion") or the application of any Portion of this Agreement to a particular situation
is held by a court of competent jurisdiction to be invalid, void or unenforceable, such
Portion shall be considered severed from this Agreement and the remainder of this
Agreement, or the application of this Agreement to other situations, shall continue in full
force and effect unless amended or modified by mutual consent of the parties.
73 Other Necessary Acts. Each party shall execute and deliver to the other
all other instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete
enjoyment of its Rights.
7.4 Construction. This Agreement has been reviewed and revised by legal
counsel for both County and Developer, and no presumption or rule that ambiguities be
construed against the drafting party shall apply to the interpretation or enforcement of
this Agreement.
7.5 Other Miscellaneous Term. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive.
29
7.6 Incorporation Or Annexation. In the event that the Project Site is included
in a newly-incorporated city, or annexed to an existing city, then this Agreement shall
inure to the benefit of and be binding on, the city as a Successor Interest to County,
consistent with the provisions of Government Code Section 65865.3. Upon such
incorporation or annexation Developer may, with the concurrence of County and the city,
continue to submit all building and other plans required for construction of the Project
to County's Building Inspection Department for its review and approval. Said
Department shall continue to have sole jurisdiction over the issuance of applicable
building, grading, and other construction-related permits, provided that the city has
acquiesced and designated County as its agent for these purposes.
Section 8. Notices.
8.1 Generally. Any notice or communication required hereunder between
County or Developer must be in writing, and may be given either personally or by
registered or certified mail, return receipt requested. If given by registered or certified
mail, such notice or communication shall be deemed to have been given and received
on the first to occur of (i) actual receipt by any of the addresses designated below as the
party to whom notices are to be sent, or (ii) five days after a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is deposited in
the United States mail. If personally delivered, a notice shall be deemed to have been
given when delivered to the party to whom it is addressed.
8.2 Addresses. Notices shall be given to the parties at their addresses set
forth below:
If to County, to:
Director of Community Development
Contra Costa County Administration Building
651 Pine Street
Martinez, CA 94553
Telephone: (510) 646-2026; Facsimile (510) 646-1039
30
With a copy to:
County Counsel
661 Pine Street, Ninth Floor
Martinez, CA 94553
Telephone: (510)646-2074
Facsimile: (510) 646-1078
If to Developer, to:
HCV and Associates, Ltd.
Attn: Tom Krehbiel
625 Market St., Suite 900
San Francisco, CA 94105
With a copy to:
Gagen, McCoy, McMahon & Armstrong
Attn: Mark Armstrong
279 Front Street
Danville, CA 94526
Telephone: (510) 837-0585
Facsimile: (510) 838-5985
Collette & Erickson
Attn: Ken Cohen
555 California Street, Suite 4350
San Francisco, CA 94104
Telephone: (415) 788-4646
Facsimile: (415) 788-6929
Any party hereto may at any time, by giving Notice to the other party pursuant
to Section 8 of this Agreement, designate any other address in substitution of the above
address. Thereafter, all Notices relating to this Agreement shall be addressed and
transmitted to such new address.
Section 9. Transfer of Successor Interests; Notice of Compliance/Non-Compliance.
9.1 Transfer, Notice; Release. Developer shall have the right to assign or
Transfer to a Transferee any portion of the Project Site or its Rights under this
Agreement (collectively, "Transferred Property"). If all or any portion of the Transferred
31
Property is Transferred by Developer to a Transferee, such Transferee shall automatically
share all Rights of Developer--past, present and future--relating to the Transferred
Property. However, a Transfer to a Transferee of such Transferred Property shall not
release Developer from any Rights relating to such Transferred Property (or the Project
as a whole), unless (i) the Transferee expressly assumes Developer's obligations under
this Agreement with respect to the Transferred Property, and (ii) County consents to the
Transfer. Upon County's consent to the Transfer which consent shall not be
unreasonably withheld, Developer shall be released from all Rights relating to such
Transferred Property.
9.2 Notice of Compliance.
(a) Request. Within thirty (30) days following any written request made in
the manner required by Section 8 of this Agreement that Developer may make from
time to time, County shall execute and deliver to Developer a Notice in recordable form
certifying:
(1) Whether this Agreement is unmodified and in full force and effect,
or if there have been modifications hereto, whether this Agreement is in full
force and effect as modified and stating the date and nature of such
Modifications;
(2) Whether there are any current uncured Alleged Defaults or Defaults
under this Agreement, specifying the dates and nature of any such Alleged Default
or Default; and
(3) Any other reasonable information requested.
(b) Determination. In response to such request, County shall determine
whether or not the Developer is in Compliance with this Agreement and shall issue--
32
pursuant to Section 8 of this Agreement--a Notice of Compliance or a Notice of Non-
Compliance, as appropriate.
(c) Relation to Default. If County determines that a Notice of Non-
Compliance shall be issued to the Developer, then County may determine to have the
Notice of Non-Compliance also serve as a Default Notice pursuant to Section 6.1 of this
Agreement; if County so determines, then the response shall expressly state that it is also
serving as such a Default Notice and the provisions of Section 6.1 of this Agreement
shall apply.
(d) The failure of County to deliver such a Notice of Compliance or Non-
Compliance within 30 days following Developer's request shall constitute a conclusive
presumption against County that may be relied upon by third parties and Transferees
that this Agreement is in full force and effect without modification except as may be
represented by the Developer and that there are no uncured defaults in the performance
of the Developer, except as may be represented by the Developer. The Notice of
Compliance shall be issued in recordable form, and Developer shall have the right, at
Developer's sole discretion, to record the Notice of Compliance.
Section 10. Mortgagee Protections.
10.1. Mortgagee Protections. Notwithstanding any other provision of this
Agreement, neither this Agreement nor any provision, amendment or breach of this
Agreement shall operate to defeat or render invalid the rights of any present or future
Mortgagee under a Mortgage encumbering the Project Site or any part thereon or any
interest therein, made for value; provided, however, that after the Foreclosure of any
such Mortgage, the portion of the Project or the interest therein, that had been
encumbered by such Mortgage shall remain subject to and entitled to the benefits of this
Agreement.
33
10.2. Notice of Default to Mortgagee. If County receives notice from a
Mortgagee requesting a copy of any notice of default given to Developer hereunder and
specifying the address for service of such copy, then County shall deliver to such
Mortgagee, concurrently with service thereon to Developer, any notice given to Developer
under Section 8 above. Each Mortgagee shall have the right, but not the obligation, at
its option, at any time prior to termination of this Agreement by County, to cure or
remedy any such default under this Agreement by the Developer.
10.3. Opportunity to Cure. This Agreement shall not be terminated by County
as to any Mortgagee (i) who has requested notices of default, as set forth above, but the
Mortgagee is not given notice by the County or (ii) to whom such notice is given and
to which either or the following is true:
1. The Mortgagee cures any default involving the payment of money to
County by Developer within thirty (30) days after receipt of notice of default;
2. As to defaults not involving the payment of money by Developer to
County, or otherwise requiring title or possession of all or any portion of the Project to
effectuate a cure:
(a) The Mortgagee agrees in writing (within sixty (60) days after
the receipt of notice of default) that, upon its acquisition of that portion of the
Project in which the Mortgagee has an interest, Mortgagee shall perform that
share of Developer's obligations under this Agreement allocable to such part of
the Project (which obligations may be as set forth in a Transfer Agreement subject
to such Mortgagee's mortgage);
(b) The Mortgagee, within sixty (60) days after the receipt of notice
of default, commences foreclosure proceedings to acquire title to the applicable
portion of the Project and thereafter diligently pursues the Foreclosure to
completion; and
34
(c) The Mortgagee (or the purchaser in Foreclosure, as applicable),
after obtaining title to the applicable portion of the Project, commences cure of
the default and diligently pursues such cure to completion.
Subject to the foregoing, in the event any Mortgagee records a notice of default as to
its Mortgage, Developer's rights and obligations under this Agreement may be transferred
to the Mortgagee or to any purchaser of the Developer's interest in a Foreclosure.
10.4. Approval by Mortgagees. The parties recognize that the provisions of this
Agreement may be a matter of concern to any Mortgagee intending to make a loan
secured by a Mortgage encumbering the Project Site, or a portion thereof. If such
Mortgagee should require, as a condition to such financing, any modifications of this
Agreement in order to protect its security interest in the Project site or portion thereof,
County shall cooperate with the Mortgagee in an attempt to reach an amendment in
good faith.
10.5. Notice of Proposed Amendment to Mortgagee. This Agreement may be
amended without the approval or execution of by any Mortgagee. However, if
County receives notice from a Mortgagee requesting a notice of proposed amendment,
County shall provide a copy of any proposed amendment to such Mortgagee.
Section 11. Counterparts; Entire Agreement; Exhibits; Recordation.
11.1 Counterparts. This Agreement is executed in two duplicate counterparts,
each of which is deemed to be an original.
11.2 Entire Agreement. This Agreement consists of 'thirty-seven (37) pages
(excluding notarial acknowledgement pages), and two (2) exhibits, which constitute in full
the final and exclusive understanding and agreement of the parties and supersedes all
negotiations or previous agreements between the parties with respect to all or any part
of the subject matter hereof. All waivers of the provisions of this Agreement shall be
35
in writing, shall be signed by the appropriate authorities of County and Developer, and
Notice of same shall be provided pursuant to Section 8 of this Agreement.
113 Exhibits. The following exhibits are attached to this Agreement and are
hereby incorporated herein (as if set forth in full) for all purposes:
Exhibit A - Map of Project Site.
Exhibit B - Legal Description of the Project Site.
11.4 Recordation. No later than ten days after the Effective Date, the County
Clerk shall record, at Developer's expense, an executed copy of this Agreement in the
Official Records of the County of Contra Costa.
IN WITNESS WHEREOF, this Agreement has been approved by County and has
taken effect as of the Effective Date and has been executed by the parties hereto as of
the day and year shown as the notarial acknowledgement to this Agreement.
County
COUNTY OF CONTRA COSTA
By
HARVEY E. BRAGDON, Director
Department of Community Development
PROPERTY OWNERS
Jeffrey C. Wiedemann
Nancy A. Wiedemann
WIEDEMANN RANCH, INC.
a California Corporation
By:
Jeffrey C. Wiedemann
President
36
i I �
r'
By:
Nancy A. Wiedemann
Vice President
Susan Christensen
APPLICANT/DEVELOPER
HCV AND ASSOCIATES, LTD.
a California Limited Partnership
By: HCV Pacific Development IV,
a California Limited Partnership
as its General Partner
By: HCV Pacific Partners,
a California General Partnership
as General Partner of HCV Pacific Development IV
By: RJV Properties, Inc.
a California Corporation
as General Partner of HCV Pacific Partners
By:
Randall J. Verrue
President
By:
Thomas P. Krehbiel
Vice President
APPROVED AS TO FORM:
VICTOR J. WESTMAN GAGEN, McCOY, MCMAHON &
County Counsel ARMSTRONG
By By
Silvan B. Marchesi Mark L. Armstrong
Assistant County Counsel
37
w EXHIBIT A
•.� San Ramon City Limits
�an�°�`�°fid ,� �• r '?ra
00
680
` San Ramon
-X'k
i
SITE r
--• a
iY
Dublin
580
r:
N
Scale(in Miles)
01
uo �r_?�t< �
Figure 1.2 f
WIEDEMANN RANCH
Local Setting
RESIDENTIAL of the Project Site
COMMUNITY PROJECT
1-3
F ,
LXHIBIT
{ ALL OF PARCEL C AS SHOWN ON MS 108-86, FILED MAY 5, 1988, R
BOOK 133 OF PARCEL MAPS AT PAGE 8, CONTRA COS'T'A COUNTY
RECORDS; ALL OF PARCELS A,B, C ANDD AS SHAWN ON 1v1S 135-74,
FILED DECEMBER 5, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 21
AT SAID COUNTY RECORDS;TOTS 1,2, 3 AND 4; THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4; THE WEST 1/2 OF THE SOUTHWEST 1/4;
AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION
21; LOTS 1 AND 2, THE SOU'T'HWEST 1/4 OF THE NORTHEAST-1/4,
AND THE WEST 1/2, ALL IN SECTION 28; ALL SECTIONS IN
TOWNSHIP 2, RANGE 1 WEST, MT. DIABLO BASE AND MERTDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIlNTN]NC AT THE MOST NTORTHEASTERN CORNER OF SAID PARCEL C
(133 PM 8); THENCE ALONG THE EASTERNT LINE OF SAID PARCEL C;
SOUTH 00031'00" WEST, 2188.36 FEET TO THE SOUTHEASTERN
CORNIER OF SAID PARCEL C (133 PM 8), SAID CORNER ALSO BEING ON
TIS ItiTORTHERN LINL OF SAID PARCEL D (41 PM 21) ALSO BEING THE
NORTHERNT LINE OF SrCTTON 20; THENCE ALONG SAID NORTHERN
LINTE, NORTH 81°22'40" EAST 2650 FEET TO THE NORTHWESTERN
CORNER OF SAID SECTION 21; THENCE AL.OTNTG THE NORTHERN LINE OF
SAID SECTION 21, NORTH 67030' EAST, 940 FEET' MORE OR LESS TO
THE WESTERN LINE OF RANCHOSAN RAMON; THENCE ALONG THE
SAID WESTERN LINE OF RANCHO SAN RAIVION SOUTH 260 42' 52"
WEST, 9600 FEET, MORE OR LESS TO THE MOST SOUTHEASTERN
CORNER OF SAID LOT 2 (SECTION 28, IN TOWNSHIP 2 SOUTH, RANGE
1 WEST, MT, DIABLO BASE AND MERIDIAN); THENCE ALONG THE
SOUTHERN LINE OF SAID LOT 2 NORTH 88°45' WEST 2770 FFET TO A
STATION IN THE CENTER OF SECTION 28; THENCE,ALONG SAID
CENTER SOUTH 270 FEET,MORE OR LESS TO A POINT ON THF.CONTRA
COSTA COTJNW AND ALAMEDA COUNTY BOUNDARY;TEENCE
NORTHWESTERLY ALONG THE LINES OF SAID COUNTY BOUNDARIES,
NORTH 700 WEST, 2400 FEET, AND NORTH 420 WEST, 500 FEET,
THENCE LEAVING SAID COUNTY LINE,ALONG THE WESTERN LANE OF
SAID SECTION 28,NORTH 1900 FEET TO THE NORTHEASTERN CORNER
OF SAID SECTION 28;SAID SECTION CORNER ALSO BEING THE SOUTH
EAST CORNER OF SAID PARCEL D(41 PM 22); THENCE ALONG THE
SOUTHERLY LINES OF PARCEL D, SOUTH 800 WEST, 1870 FEET, MORE
r
OR IFSS TO SAM COUNTY I.NE;THENCE ALONG SAID COUNTY LINE
` NORTH 420 NEST,510 FEET,MORE OR LESS AND NORTH 81° WEST,
410 FEET TO AN ANGLE POINT ON THE SOUTHERN LINE OF SAID
PARCEL D (41 PM 22); THENC:F ALONG WESTERN SOUTHERN
LMRS OF SAID PARCEL D,NORTH 603U EAST, 2070 I1T, SOUTH
89055' )VEST, 2670 FEET AND NORTH 2042'27" EAST, 2604 FEET,
MORE OR LESS"1'0 THE NORTHEAST CORNER OF SECTION 20; THENCE
ALONG THE NORTHERN LINE OF SAID SECTION 20, NORTH 8VgM'40„
EAST, 1024 FEET-fO MOST SOLYTHWESTERN CORNER OF SAID PARCEL
C (133 PV- 8); THENCE ALONG THE WESTERN LINE OF SAID PARCEL C, -
NORTH 11051'5$" WEST, 1668 FEET TO THE NORTHWESTERN CORNER
OF SAID PARCEL C,SAID CORNER ALSO BENG ON THE SOUTH.LINE OF
THF.NORP.IS CANYON ROAD RIGHT OFAVAY; THENCE ALONG SAID
SOUTH LINE,EASTERLY TO THE WESTERN EXTENSION OF THE NORTH
LINE OF SAID PARCEL C(133 PM S);T-M CE ALONG SAID NORTH
LINE SOUTH 89927'34" EAST, 860.12 FEET TO THE POINT OF
BECI�+dNTNt';. .
t
ORDINANCE NO. 94- 73
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 Agreement (Development Agreement) between the County
of Contra Costa and Jeffrey C. and Nancy A. Wiedemann, Wiedemann
Ranch, Inc. , Susan Christensen and HCV and Associates, Ltd. ,
relating to a residential development on approximately 1, 143 acres
located in the unincorporated portion of the County near San Ramon
(project or Wiedemann Ranch Residential Community project) , which
is on file with the Clerk of the Board, and which has been
recommended for approval by the County Zoning Administrator, is
consistent with the County's General Plan.
Section II: The Board hereby finds that adoption of this ordinance
and approval of the Development Agreement complies with the
requirements of the California Environmental Quality Act (CEQA) .
A. The Board hereby finds that no further environmental
review is required for the Development Agreement. The
Environmental Impact Report for the Wiedemann Ranch
Residential Community project (EIR) assessed the environmental
impacts of the Development Agreement. The environmental
impacts of the project, including the Development Agreement,
are addressed in the CEQA Findings and project findings for
the project, which are incorporated herein by reference, and
the Board makes these f indings in part based upon all such
prior findings, as well as the entire administrative record
for the project. Further, the Development Agreement merely
implements the project as set forth in the EIR, with no new
significant impacts. As further set forth below, no
conditions exist herein for additional environmental review.
1. No substantial changes are proposed in the
Development Agreement which will require major revisions
of the EIR due to the involvement of new significant
environmental effects or a substantial increase in the
severity of previously identified significant effects.
1
2. No substantial changes have occurred with respect
to the circumstances under which the project is
undertaken, which require major revisions to the EIR,
due to the involvement of new significant environmental
effects or a substantial increase in the severity of
previously identified significant effects.
3. No new information of substantial importance has
been brought forth.
B. Pursuant to . CEQA at PRC § 21083. 3 (a) , the EIR was
certified for the zoning for the project, the Development
Agreement is consistent with such zoning, which allows for a
residential development, and there are no new effects upon
the environment peculiar to the project, project site or
Development Agreement not addressed as significant effects in
the EIR, and there has arisen no substantial new information
showing any such effects will be more significant than
described in the EIR.
C. Pursuant to CEQA at PRC §21083 . 3 (b) , the Development
Agreement is consistent with the County General Plan (Plan) ,
and an environmental impact report was certified for such
Plan, and there are no new effects on the environment which
are peculiar to the project, project site or Development
Agreement not addressed as significant effects in the
environmental impact report for such Plan, and there has
arisen no substantial new information showing any such effects
will be more significant than described in such environmental
impact report.
Section III: The Board hereby approves the Development Agreement
pursuant to the authorization provided in sections 65864 et seq.
of the Government Code of the State of California. The Board
hereby authorizes the Director of Community Development to sign
the Development Agreement on behalf of the County of Contra Costa.
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.
2
Section V: This ordinance becomes effective 30 days after passage,
and within 15 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 December 13 , 1994 by the following votes:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL B CHELOR Cl rk of t of rvisors
By:
Board Chair
i:\vo12\c1ient\21621\dahcv.mmo
3