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HomeMy WebLinkAboutMINUTES - 12131994 - H.4 _ Contra TO: BOARD OF SUPERVISORS 't . Costa FROM: HARVEY E. BRAGDON 0', County DIRECTOR OF COMMUNITY DEVELOPMENT '. DATE: December 8, 1994 os�Acotirii� �Av SUBJECT: An appeal by Shapell Industries of Northern California (Applicant & Owner) County File 7796 on the decision of the County Planning Commission relative to the Country Club at Gale Ranch Project, in the San Ramon Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate. 2 . Adopt the Mitigation Monitoring Program prepared for this project. 3 . Deny the appeal of Shapell industries .of Northern California, Inc. , and uphold the County Planning Commission's decision. 10 4 . Adopt the findings contained in the attached resolution as approved by the County Planning Commission as the Board's own. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The background information for this project was previously provided to the Board of Supervisors in their December 6, 1994 packet. On October 29, 1994, the County Planning Commission approved Subdivision 7796 with all the conditions of approval as recommended by the Community Development Department and the Public Works Department. The applicant is appealing Conditions of Approval #118 and #125M. 3 . CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON DEcember 1,3 . 1994 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 ^ IV9 V, I _ NOES: III 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 CO UN ADMINISTRATOR BY a , DEPUTY Page Two Condition of Approval #118 Condition of Approval #118 requires the applicant to do the following: "Provide a bicycle/pedestrian trail from the pocket park southeast of Bollinger Canyon Road to the current EVA from lots 1013 to 1143, after the issues of liability and maintenance have been resolved". Issue The applicant is appealing the condition on the basis of the extensive liability that could be incurred due to mixing pedestrians, in close proximity to the golf course and the fencing necessary to protect the pedestrians would be visually intrusive. Discussion The trail would add a needed benefit to the .Country Club at Gale Ranch Project by providing an internal pedestrian loop south of Bollinger Canyon Road and residents an alternative means of transportation within the project site. The request for the pedestrian/bicycle trail within the golf course area was originally requested by the City of San Ramon as part of a more extensive perimeter pedestrian trail system within the project area. The staff recommendation for the project did not fully support San Ramon's proposal for a perimeter trail system around the project boundary because a majority of the property is outside the ownership of the applicant. However, staff agreed with San Ramon on the need for a pedestrian trail connection south of Bollinger Canyon Road. The issue of who would accept liability and maintenance responsibilities for the trail is an ongoing discussion with County staff, City of San Ramon and the applicant. The City has indicated they would be willing to accept liability, if appropriate golf ball fencing is provided to ensure the safety of the pedestrians. other solutions may include a homeowner association or the agency/district responsible for maintenance of the EVA, accepting the maintenance and liability. The condition is formulated to ensure that the issues of liability and maintenance are resolved prior to pedestrian use of the trail. No modification to the condition is recommended. Condition of Approval 125.M.3. Condition of Approval 125.M. 3 . requires the applicant to do the following: "Establish a benefit district to assess all parcels in this subdivision to fund an enhanced transit service, such as express bus service from the project site to the Dublin BART station and school buses. Alternatively, the express bus service could be funded through a county, service area. The assessment shall not exceed $100 per year in 1994 dollars. This cap shall be adjusted annually for inflation. The assessment may be used for only enhanced transit that benefits Dougherty Valley. It could be used to also help pay for better regular bus service only if everyone else in the San Ramon Valley vote to tax themselves to also pay for better regular bus service" . Issue The applicant is appealing the condition on the basis that they do not wish to "impose a tax on future homeowners who have not had the opportunity to consider or decide if they want "enhanced" transit or are willing to supplement their current property and sales tax contributions to CCTA, BART and the SRVUSD" . Discussion The applicant has requested this condition be deleted. The Dougherty Valley project was designed to be a leading project of the next century and provide for modes of transportation other than the automobile, such as regular transit service and enhanced transit service. Regular transit service is the transit service currently provided by the transit provider in the area. Enhanced transit would be transit service above and beyond the regular transit service and would r Page Three only be for the benefit of development in the Dougherty Valley. Enhance transit would be an express bus shuttle service to Dublin BART station. Enhanced transit would also be school buses or shuttles to and from the schools. The Central Contra Costa Transit Authority (CCCTA) has estimated the resources needed to serve the Dougherty Valley. The CCCTA has indicated that they will not be able to support regular and enhanced transit service with the anticipated sales tax revenue. Additional funding will be needed. 'Condition of approval M. 3 requires an assessment on all parcels to fund only the enhanced transit service. This assessment will be required on all projects in Dougherty 'Valley. The proposed assessment will not go into effect until the service is actually warranted. Until service actually provided, this condition of approval will serve only to put future homeowners on notice that enhanced transit will be provided when warranted, and that they will be assessed a fee for this service. While the additional funding is needed, it is not reasonable to have ,an assessment without a cap. It is recommended that a $100 per year cap, adjusted annually for inflation, be established as the maximum assessment amount. The need for the express bus service or the school bus service will be analyzed annually with the TDM and mitigation monitoring program. The need for the enhanced transit service may be triggered in response to a TDM program goal or requirement, or may be a strategy to mitigate or reduce congestion at various locations. No modification 'to the condition is recommended. i ADDENDUM TO H.3, H.4, 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.