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HomeMy WebLinkAboutMINUTES - 12131994 - H.3 ' •' �E- S E•—L'�aA -'f -' • Contra TO: BOARD OF SUPERVISORS Costa ,9auitp s FROM: HARVEY E. BRAGDON County � �"��_ '_� DIRECTOR OF COMMUNITY DEVELOPMENT _ ` ;�o DATE: December 8, 1994 coUx'�'j �~ SUBJECT: Continued Public Hearing on the Recommendation from the County Planning Commission on Shapell Industries of Northern California, Inc. (Applicant & Owner) on a request to change the General Plan from Agricultural Lands (AL) to Single Family Residential Medium Density (SM) , Open Space (OS) , Parks and Recreation (PR) and Public/Semi-Public (P/SP) County File 5-94-SR; Rezone the property from A-80 (Agricultural Preserve) to P-1, (Planned Unit Development) with Preliminary Development Plan, County File 3010-RZ; and Final Development Plan, County File 3010-92 to develop 1216 residential units, golf course with club house, public/semi-public, church facility, parks and open space. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. „2. Adopt the Mitigation Monitoring Program prepared for this project. 3. Approve the General Plan Amendment (GPA 5-94-SR) , Rezoning with Preliminary Development Plan (3010-RZ) and Final Development Plan (3010-92) with the conditions as recommended by the Planning Commission. 4 . Adopt the findings contained in the resolution as approved by the' Planning Commission as the Board's own. 5. Introduce the ordinance, giving it effect, waive reading, set date for adoption. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: x YES SIGNATU / 7 hz RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 13 , 1994r APPROVED AS RECOMMENDED OTHER x See Addendum for Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: II , .IV, V, I NOES: TII ACTION TAKEN AND ENTERED ON THE ABSENT: None ABSTAIN: None MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain 646-2031 Orig: Community Development Department ATTESTED December 13 , 1994 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS COUN DMINISTRATOR Z) BY , DEPUTY Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS The Board of Supervisors on December 6, 1994, opened the public hearing, took testimony, and continued the matter to December. 13, 1994. The Board directed staff to explore two issues raised at the public hearing. Issue One. Is the County the appropriate Lead Agency for the project? The speaker testified that the County is not the appropriate Lead Agency for the Country Club at Gale Ranch project, because of its proximity to the City of San Ramon. Section 15022 of the California Environmental Quality Act ("CEQA") , "Public Agency Implementing Procedures, " directs the public agency to "adopt objectives, criteria and specific procedures consistent with CEQA and these Guidelines for administering its responsibilities under CEQA. " Under Section 15022 (12) , the County is given the responsibility of "assigning responsibility for specific functions to particular units of the public agency. " The Board of Supervisors as the governing body of the County, has the authority to designate the Community Development Department as the lead agency for preparing environmental documents for projects within the County's jurisdiction. Furthermore, the California Environmental Quality Act defines lead agency as: "The public agency which has the principal responsibility for carrying out. or approving a project. . . " The projects' location within unincorporated Contra Costa County, indicates the County is the agency with the governmental powers for approving or denying the project. County Counsel concurs with the opinion of the Community Development Department. Issue Two Formation of a "Zone of Special Benefit" for the East Bay Regional Parks District. The East Bay Regional Park District ("EBRPD"): is requesting the Board of Supervisors to assess to the future homeowners in the project area a "Zone of Special Benefit" to offset the projects' impacts on regional open space and trails. The District testified that there is no designated source for funding operation and maintenance of the open space if the property. was dedicated to the District. The project area is not included in their 1988 Master Plan and there is no Measure AA Bond monies available. EBRPD further testified that a Two County Lighting and Landscape District ("LLD") has been established for Contra Costa and Alameda County Currently one project, "Rancho Palomares" a 900-unit subdivision, has been annexed into the LLD. According to the EBRPD, the "Zone of Special Benefit" would include maintenance of the following: fence/gates, signs, firebreaks, staging areas, and interpretative areas. The EBRPD currently receives funding for the maintenance of regional trails from a property tax assessment. The Environmental Impact Report ("EIR") prepared for the Country Club at Gale Ranch Project determined the project would not have a significant impact on regional trails and open space. Exhibit B to the "Agreement to Settle Litigation Relating to the Dougherty Valley" identifies the funding of operation and maintenance of parks and open space and trails in the Dougherty Valley. The EBRPD would receive $165,000 per year at the buildout of the Country Club at Gale Ranch project and $1.3 million per year at buildout of the Dougherty Valley in- new revenue generated by property and sales tax. Additionally, another $1.3 million per year would be available through the proposed County Service Area and Geologic Hazard Abatement District. These additional monies would be available to the City .of San Ramon or other operation and Page Three maintenance provider for maintenance of open space and trails in the Dougherty Valley. Typically, The EBRPD will only accept open space for maintenance that is in a natural state (i.e not graded or altered). The two portions of the project site that could be considered for dedication are located in western and southern portion of the project site. These areas will require significant slope stabilization and landslide repair prior to construction. With the substantial funds generated by new property and sales tax, and the limit role EBRPD is proposed to have in maintenance of open space and trails within the Country Club at Gale Ranch project, staff would recommend no "Zone of Special Benefit" be provided to the District. Alternatively, the San Ramon Valley Regional Planning Commission modified Condition of Approval #9 to require open space areas offered to but not accepted by the EBRPD for operation and maintenance shall be designated as common areas on the final map and be maintained by a homeowners association. ADDENDUM TO H.3, HA, H.5 DECEMBER 13, 1994 On December 6, 1994, the Board of Supervisors continued to this date the hearing on the recommendation of the Contra Costa County Planning Commission and the San Ramon Valley Regional Planning commission on the request by Shapell Industries (County File 5-94-SR) to amend the County General Plan to allow up to 1,216 single and multi-family housing units, golf course with clubhouse, church facility, parks and open space area on 618 acres owned by Shapell Industries. The have requested that the site be re-designated from Agricultural Lands to Single Family Residential Medium Density, Public/Semi-Public, Open Space and Parks and Recreation; and to consider the recommendation of the Contra Costa County Planning commission and the San Ramon Valley Regional Planning commission on the request by Shapell Industries (applicant and owner) County File 3010-RZ) to rezone 618 acres from A-80 (Exclusive Agriculture) to P-1 (Planned Unit Development); and a request for approval by Shapell Industries (applicant and owner) (county File 3010-92) to establish 1,216 single and multi-family residential units, golf course with clubhouse, church facility parks and open space in the San Ramon area. Dennis Barry, Community Development Department, presented the staff report, commenting on a memo dated December 13, 1994 (no copy to the Clerk) from Debbie Chamberlin to himself comparing the conditions of approval recommended by the San Ramon Valley Regional Planning Commission and the Contra Costa County Planning Commission . Mitch Avalon, Public Works Department, commented on a memo he presented to the Board dated December 13, 1994 relative to changes in the Conditions of Approval. Supervisor Bishop commented that she would like to received testimony, close the public hearing and defer final decision on the matter until next week. Mr. Barry clarified that H.4 and H.5 should be considered at this time also and the Board should take testimony on all three items at the same time. Therefore the Board was also considering the appeal by Shapell Industries (appellant) from the decision of the Contra Costa County Planning Commission and the San Ramon Valley Regional Planning Commission on the request by Shapell Industries (applicant and owner) for approval of a vesting tentative map (Subdivision 7796)to subdivide 618 acres for 1,216 single and multi-family residential, public/semi-public uses, golf course with clubhouse and open space and the recommendation of the Zoning Administrator on a request to review and approve a Development Agreement between Contra Costa County and Shapell Industries relative to the property known as "Country Club at Gale Ranch" in the San Ramon area. The following persons presented testimony: Aram Hodess, 1308 Roman Way, Martinez; John Cavin, 1003 Ashland Court, Danville; Richard Lujan, 837 Arnold Drive, Martinez; Bob Ringo, 184 Victory Circle, San Ramon; James D. Conway, 57 Brian Court, San Ramon; Jerry Reardon, 168 Victory Circle, San Ramon; Michael Conklin, 2551 Arnda Drive, San Ramon; Cynthis Jones, 9404 Cherry Hills Lane, San Ramon; Beverly Lane 556 Indian Home Road, Danville. Glenn Mendell, 192 Victory Circle, San Ramon; Ted Coggiola, 1500 Bollinger Canyon Road, San Ramon; Jeff Ward, 34 Victory Court, San Ramon; Martin Vitz, 2950 Peralta Oaks, Oakland; Scott Couture, 166 Teracina Drive, San Ramon; Michael Sipos, San Ramon; Jim Blickenstaff, 2410 Talavera Drive, San Ramon; Mark Armstrong, representing Tassajara Valley Property Owners Association; Tom Koch, representing Shapell Industries, spoke in rebuttal, commenting on a letter dated December 13, 1994, expressing their opinion on issues before the Board today. Mr. Barry commented on responses to Mr. Koch's letter and on various conditions of approval. The Board discussed the conditions and determined to amend the conditions. The public hearing is closed. Following further discussion the Board took this action: IT IS BY THE BOARD ORDERED that the decisions on the above matters are DEFERRED to December 20, 1994, and INTENT is DECLARED to approve General Plan Amendment 5-94-SR, Rezoning and Preliminary Development Plan 3010-RZ and Final Development Plan 3010-92 with conditions as amended, the Ordinance giving effect to the rezoning is INTRODUCED; and INTENT is DECLARED to grant the appeal of Shapell Industries from the decision of the contra Costa County Planning Commission and the San Ramon Valley Regional Planning commission on Subdivision 7796; and INTENT is DECLARED to approve a Development Agreement as amended between Contra Costa County and Shapell Industries relative to the property known as Country Club at Gale Ranch in the San Ramon area.