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HomeMy WebLinkAboutMINUTES - 12131994 - H.5 -`� Contra TO: BOARD OF SUPERVISORS ; Costa Oi •�lililllllh FROM: HARVEY E. BRAGDON _ n y.. ,x ,s County DIRECTOR OF COMMUNITY DEVELOPMENT ;40 ti DATE: December 8, 1994 osTq ------ SUBJECT: Recommendation by the County Zoning Administrator on a Development Agreement by Shapell Industries of Northern California, Inc. Relative to the Development Known as the Country Club at Gale Ranch, 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. Approve the Development Agreement by Shapell Industries of Northern California, Inc. Relative to the Property. Known as the Country Club at Gale Ranch as being consistent with the Country Club at Gale Ranch General Plan Amendment (5-94-SR) , Rezoning with Preliminary Development Plan (County File 3010RZ) , Final Development Plan (3010-92) and Vesting Tentative Map (7796) . � 3 . Direct the Director of the Community Development Department to sign the Country Club at Gale Ranch Development Agreement after it has been duly signed by Shapell Industries of Northern California, Inc. 4 . Adopt the findings prepared for this project. 5. Introduce the ordinance, giving it effect, set date for adoption. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE 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: 2 . 4 ,5 ,1 NOES: 3 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 E BOARD OF SUPERVISORS COY ADMINISTRATOR BY , DEPUTY V ' Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS In accordance with the provisions of the "Agreement to Settle litigation Relating to the Dougherty Valley Environmental Impact Report, General Plan Amendment and Specific Plan, " dated May 11, 1994, the Dougherty Valley Oversight Committee ("DVOC")held a public meeting on December 1, 1994 to provide comments on the proposed development agreement. The DVOC suggested the following modifications: (1) The structure of the Capital Facilities Fee should allow an , enhancement contribution for construction of said facility by the City of San Ramon or other entity without the Developer being eligible for a refund of funds paid; (2) Section 3 . 1 (f) "Traffic Mitigation" should include language that all funds paid by the Developer to the County for traffic impact mitigation pursuant to Project Conditions may be spent by the County only for the specific purposes for which it was collected; and (3) Section 3 .2 "County Service Area" should be cross referenced to Section 3 . 3 of the Settlement Agreement. The Zoning Administrator on December 5, 1994 held a public hearing and recommended approval of the Development Agreement to the Board of Supervisor with the modifications recommended by the DVOC and County Staff. There are two outstanding issues that staff has not agreed to and are currently being discussed with County Counsel. In their current form they are not acceptable to staff. Section 4. 1(d) (9) (iii) of the agreement does not allow the County to levy a tax unless said tax is levied on at least 50, 00.0 households. This phrase in effect would create a "tax-free zone" in the Country Club at Gale Ranch. Staff recommends that the County retain the ability to levy any new tax or assessment on a specific area-wide basis or alternatively, the County have the ability to levy any new tax or assessment on at least 5, 000 residential units. Finally, staff is requesting that Section 7. 1 "Cooperation in the Event of a Legal Challenge, " be amended to include the following language: " . .If, at any time, County (in its sole discretion) determines it is not satisfied with the Developer's ability or capacity to defend County, or with the Developer's actual defense of County to date, County may file a disclaimer. " This language is currently provided in the Wickland Development Agreement pending before the Board of Supervisors and the Stonecastle Development Agreement pending before the Zoning Administrator. The Zoning Administrator also provided County Counsel the opportunity to further discuss Section 4. 1(d) (9) , in regards to County-wide taxes and assessments and Section 6. 1 "Legal Challenges". County Counsel will be prepared to give a report and recommendation at the Board of Supervisors meeting. 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 amon;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.