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Home My WebLink AboutMINUTES - 01111994 - 1.63 • Contra -�: TO: BOARD OF SUPERVISORS n. - - _ t Costa ridioii s County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT ' DATE: January 11, 1993 a �ouri`►� SUBJECT: Amended Development Agreement for Bishop Ranch SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt a finding that the proposed activity is not a project subject to the California Environmental Quality Act. 2 . Approve the recommendation of the County Zoning Administrator with respect to proposed modification of the Bishop Ranch Development Agreement. 3 . Introduce ordinance giving effect to the agreement as amended, and set January 18, 1994 for adoption. 4. Direct the Community Development Department to file a Notice of Exemption with the County Clerk. FISCAL IMPACT None. The proposed amendment provides for the developer to pay all costs incurred by the County. BACKGROUND/REASONS FOR RECOMMENDATIONS The development agreement entered into between the County of Contra Costa and Granada Sales, Inc. , Annabel Investment Company and Alexander Properties Company on February 27, 1987 contains provisions for extension of building permits on a year to year basis, through year six of the agreement. Due to the unanticipated poor performance of the economy, and depressed nature of demand for the types of space contemplated at the Bishop Ranch, the developers have not moved toward completion CONTINUED ON ATTACHMENT: X YES SIGNATURE , RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON January 11 , 1994 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT II 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. Orig: Community Development Department ATTESTED January 11 , 1994 CONTACT: Dennis M. Barry 646-2091 PHIL BATCHELOR, CLERK OF CC: Granada Sales, Inc. THE BOARD OF SUPERVISORS County Counsel DCO DMB/df Y ADMINISTRATOR File DA# 105 BY , DEPUTY r -- Page Two as quickly as the parties had expected when the agreement was entered into. As a result, building permits which had been secured cannot be further extended under the original terms of the agreement, and the developer is desirous of amending the agreement to so provide, through the remaining term of the agreement. In order to avoid any adverse fiscal impact on the County, provisions have been incorporated into the proposed amendment for payment of costs to the County which may arise in the future. Furthermore, the amendment provides for conformance of the proposed buildings with current state adopted uniform building codes. Staff finds that the amendment is purely an administrative change. As such, it can be seen with certainty that there is no possibility that the approval of the amendment could have a significant effect on the environment. Therefore, pursuant to Section 15061 (B) (3) of the State CEQA Guidelines, staff concludes that the activity is not a project subject to CEQA. Given the unanticipated economic climate, the developer's continuous good faith performance, and the lack of any negative fiscal impact on the County, staff is recommending approval of the proposed Amendment to the Bishop Ranch Development Agreement, and that the Board of Supervisors introduce the Ordinance, waive reading and set January 18th for adoption. r AMENDMENT TO BISHOP RANCH DEVELOPMENT AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA. COSTA AND GRANADA SALES, INC. , ANNABEL INVESTMENT COMPANY, AND ALEXANDER PROPERTIES COMPANY RELATIVE TO THE DEVELOPMENT KNOWN AS BISHOP RANCH 1. PARTIES The DEVELOPMENT AGREEMENT (Recorded Book 13504, pages 1-86, County Recorder's Office, Series No. 87-55702) entered into on February 27, 1987, by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") , and GRANADA ALES, INC. , a California corporation ( "Granada".) , ANNABEL INVESTMENT COMPANY, a limited partnership ( "Annabel") and ALEXANDER PROPERTIES COMPANY, a limited partnership ( "Alexander") and jointly referred to as "Owners, " pursuant to the authority of Sections 65864 through 65869 .5 of the Government Code of the State of California, is hereinafter amended by the aforesaid parties as provided in paragraph 2 below. 2. AMENDMENT Subdivision (b) of paragraph 9 . 1 of part 9 entitled "COOPERATION - IMPLEMENTATION" (at pages 25 and 26) is amended effective February _, 1994 to read as follows: " (b) The processing and approval of all maps, plans, land use permits, building plans and specifications, and other plans relating to the development of the Project Site, filed by Owners, including, but not limited to, all General Plan and Specific Plan amendments, zoning, final development plans, tentative maps, parcel maps, final maps, subdivision improvement agreements, building permits, lot line adjustments, encroachments and related matters as necessary for the completion of the development of all lots and parcels comprising the Project Site. In this regard, Owners will, in a timely manner, provide County with all documents, applications, plans and other information necessary for the County to carry out its obligations hereunder and cause Owners' planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefor. All outstanding and/or any new building permits issued by the County for the Project shall have an initial term of one year and, when requested by Owners, shall be extended, on an administrative basis, on a year to year basis during the remaining term of this agreement. In addition to those fees and charges otherwise required by this Development Agreement and 1 the County and the City of San Ramon's Joint Exercise of Powers Agreement (dated April 12, 1988) , for any County staff inspection or related processing services provided concerning extended outstanding building permits, the Owners shall pay to the County compensatory fees or charges established as by the Community Development Director with the assistance of the Chief Building Inspector and the Owners. Such compensatory fees and charges shall not exceed those required on a County-wide basis for similar projects. Any dispute concerning the rate or amount of such fees or charges may be submitted to the Board of Supervisors for resolution. In the event that during the pendency of a building permit under which no work has commenced, there are California State adopted changes in the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and National Electrical Code, the Chief Building Inspector of the County, at his discretion, shall have the right to apply such changes to the pending building permit. It is the express intent of this Agreement that all parties cooperate and diligently work to approve and implement any General Plan and/or Specific Plan amendment, zoning, final development plan and/or other land use or building permits or approvals which are reasonably necessary or desirable for development of the Project Site in accordance with this Agreement, the Development Plan and Conditions of Approval." 3. DEVELOPMENT AGREEMENT Except as hereinabove amended, the (Development) Agreement shall remain in full force and effect. IN WITNESS WHEREOF, County and Owners have executed this Amendment to Agreement as of its effective date hereinabove written. COUNTY: OWNERS: COUNTY OF CONTRA COSTA, a GRANADA SALES, INC. political subdivision of a California corporation the State of California By: By: Director of Community Its : Development 2 j r.. ANNABEL INVESTMENT COMPANY, a limited partnership By• Its: ALEXANDER PROPERTIES COMPANY, a limited partnership By: Its: 3