HomeMy WebLinkAboutMINUTES - 11071995 - D5 D.5
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _ November 7, 1995_ by the following vote:
AYES: Supervisors Rogers, DeSaulnier, Torlakson
NOES: Supervisors Smith, Bishop
ABSENT: None
ABSTAIN: None
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SUBJECT: Shapell Request to Separate Wendt Property
from the TVPOA
The Board this day considered the recommendations of
the Community Development Director dated October 13 , 1995,
relative to Shapell's request for the Wendt Property to be
processed separately from the TVPOA's (Tassajara Valley Property
Owners Association) request.
The following persons spoke:
Tom Koch, representing Shapell, 2682 Bishop Park,
#206, San Ramon;
Mark Armstrong, representing TVPOA, Law Firm of Gagan,
McCoy, and Armstrong;
Joe Calabrigo, Town of Danville, 510 Lagonda Way,
Danville;
Gordon Rasmussen, 6000 Highland Road, Pleasanton;
Joan and Joe Case, 8651 Camino Tassajara, Pleasanton;
Nolan Sharp, TVPOA, (no address) ;
James Tong, 6601 Owens Drive, Suite 100, Pleasanton;
Gloria Hing, 229 Choss Road, Danville.
All persons desiring to speak were heard. The Board
discussed the request and the recommendation presented by TVPOA.
IT IS BY THE BOARD ORDERED that the request of Shapell
Industries is APPROVED for a separate study and application
process with a separate Environmental Impact Report (EIR) for a
General Plan Amendment for the Wendt Property only, which may be
accompanied by concurrent applications for rezoning and tentative
subdivision, subject to the following directions and with the
following understandings:
1. The Tassajara Valley General Plan and Zoning Study and
application process will continue in its present form
and with its present study boundary area. No changes
to the Tassajara Valley General Plan and Zoning Study,
applications and environmental review will be reviewed,
with one exception only: the Tassajara Valley draft
Master EIR project description may identify a lower
residential density General Plan land use designation
for the Wendt Property as now preferred by Wendt and
Shapell.
2 . The Danville Liaison Committee and the Tassajara Valley
Citizens Committee established by the Board should
continue, without delay or disruption, their review and
consideration of the Tassajara Valley General Plan
Study and the TVPOA applications in their present form.
It is suggested that the Danville Liaison Committee be
restructured as the Tassajara Valley Oversite
Committee, consisting of two Danville councilmembers,
two San Ramon councilmembers and two Board of
Supervisors members, plus appropriate staff. It would
be desirous for the Tassajara Valley Oversite Committee
to provide a process to formulate an outline of a
multi-jurisdictional agreement on the Tassajara Valley
before the Board of Supervisors hears any Tassajara
Valley applications.
3 . The Board discourages any other separate general plan
studies for other properties in the Tassajara Valley.
4. County staff will continue to process and review the
Tassajara Valley Property Owners Association applica-
tions in an expeditious manner and will take those
steps necessary to assure that the separate Wendt
Property study and applications will not delay or
interfere with that process.
The Director of Community Development is requested in
processing the Wendt Property applications in an expe-
ditious manner to assign additional county staff to the
extent possible so as not to delay or interfere with
review and processing of the TVPOA applications.
County staff assigned to the Wendt Property
applications will be instructed to take those steps
necessary to avoid delay and interference with the
Tassajara Valley General Plan and Zoning Study and
TVPOA applications and review processes. Taking into
account the foregoing, County staff is to use best
efforts to avoid delay or interference between the
TVPOA applications and the Wendt Property applications.
5. County staff should use its best efforts to provide
that the public infrastructure and cumulative impact
analysis in the separate Wendt Property environmental
review and application processes, including circula-
tion, utilities, parks, schools and biotics, be
consistent with the analysis in the Tassajara Valley
draft EIR, which is expected to be released first.
If the Tassajara Valley draft EIR is not released
first, County staff should use its best efforts to
provide for public infrastructure and cumulative impact
analysis in the draft EIRs for the smaller projects
that is consistent with that anticipated for the
Tassajara Valley draft EIR.
The same direction applies to completion of the final
EIRs for the Tassajara Valley project and the two
smaller projects.
6. Shapell Industries is strongly encouraged to
participate in the Tassajara Valley General Plan
Amendment and Zoning Study public planning processes to
address common planning issues. Shapell representa-
tives shall not delay the TVPOA application processes
and vice versa.
7 . Shapell Industries is directed to work with Danville
and San Ramon in its County application process, for
various reasons including fulfillment of the early
consultation guidelines of the Transportation
Authority.
8. Shapell Industries conceptually supports additional
roadway connections between Tassajara Valley and
Dougherty Valley (e.g. , Johnson Road to Lawrence Road
or a direct Lawrence Road connection) , subject to
review of the updated Tassajara Valley traffic analysis
to confirm it does not degrade traffic level of service
to unacceptable levels in the Dougherty Valley and
provided any such connection is supported by Danville
and San Ramon officials. TVPOA representatives
previously supported the southern link to Camino
Tassajara (i.e. , Windemere Parkway) to accommodate
Dougherty Valley traffic.
9. Shapell Industries will publicly represent that it
accepts and agrees with these directions and
understandings, including its conceptual support for
roadway connections as stated above. With those public
representations, TVPOA will support this Board Order.
In voting against the motion, Supervisors Smith and Bishop
advised of their concern that proper planning procedures for the
entire area were not adherred to.
1 hereby cartify that this is a true and correct eMof
art action taken and entero' rinutes of the
Board of Supervisors on the ;Siiown.
ATTESTED: - 7
PHIL BATCHELOR, E^' "^Board
of Sup
e
rvisors and Cour„,- ar±ministrator
By lam' .Deputy
cc: Community Development
Mark Armstrong (TVPOA)
County Counsel
Public Works
Contra
TO: BOARD OF SUPERVISORS .,,, ._
Costa
FROM: HARVEY E. BRAGDON vourit
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: October 9, 1995
SUBJECT: SHAPELL REQUEST TO SEPARATE WENDT .PROPERTY FROM THE TVPOA STUDY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
The Board needs to make a decision on Shapell's request for the
Wendt Property to be processed separately from TVPOA's request.
Among the policy choices:
1. Approve the request for a separate study and exclude from the
TVPOA proposal (but use in cumulative analysis of TVPOA) ; OR
2. Deny this request and leave the site within the TVPOA boundary
area; OR
3. Approve the request for a separate study, but modify the
boundaries to include the other lands to the west between
Danville and the Kaufman & Broad 44 acre site (the Corrie
Property also on this agenda for separate study) .
FISCAL IMPACT
Should a separate study be authorized, the applicant will pay a new
general plan and EIR fees to cover the staff cost to review the
proposal. All fees previously paid to TVPOA will remain with that
project.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
HEREBY CERTIFY THAT THIS IS A
'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: Jim Cutler, (510 646- 34) TESTED
cc: Community Development partment PHIL BATCHELOR, CLERK OF
CAO BOARD OF SUPERVISORS
County Counsel AND
--IT
ADMINISTRATOR
Public Works
TVPOA (via C ) BY , DEPUTY
Shapell ( 'a CDD)
JWC\d
JW 95\drb\bo\Shapell..sty
Shapell Request to Separate Wendt Property
October 9, 1995
Page Two
BACKGROUNDIREASONS FOR RECOMMENDATIONS
On October 4, 1995, Shapell Industries submitted a request to staff
(copy attached) requesting that the 165 acre Wendt Property be
separated from the TVPOA proposal and that they wished to pursue
their own General Plan Amendment, Rezoning to Planned Unit District
and Environmental Documentation.
Since the Board of Supervisors had originally determined the study
area boundaries for TVPOA, and the Wendt site is located internal
to that project, the Board would need to provide direction on how
it wished to have this general plan amendment come to public
hearing.
Nolan Sharp, representing TVPOA has also communicated with our
Department. They are strongly opposed to the separation of the
Wendt property from TVPOA and feel it would lend to fragmented
planning. A copy of their letter is attached.
Our Department indicated to the applicant the need to bring this
policy issue forward so that the Board could further direct staff
on how the plan review of the Wendt Property should proceed. The
Board's actions originally establishing TVPOA's boundaries is also
enclosed for reference.
The issue here is NOT whether the Wendt Property should be
authorized for General Plan Study. Direction to that effect
occurred as part of the TVPOA proposal. The policy issue before
the Board of Supervisors is shall the Wendt Property continue to be
an integral part of the TVPOA proposal or will it be authorized as
a separate plan amendment study. Until a different policy decision
is made by the Board, the Wendt Property will continue to be
studied under the TVPOA authorization.
There appears to be three basic choices the Board has in
considering this request. They are:
1. Approve the request for separate study and exclude the Wendt
Property from the TVPOA proposal (except as part of the
cumulative impact analysis) .
The downside of this approach is that it will create a
district separate project inside the TVPOA project and cause
a separate set of hearings on this request. That would be
somewhat offset by allowing a more detailed policy review of
this 165 acre area and a separate set of fees will be payed to
cover the cost of this additional work. Initiating a separate
study could affect the traffic modeling analysis of TVPOA
unless the Wendt Property is considered in the traffic impact
analysis.
2. Deny the request for a separate plan amendment study and leave
the site within the TVPOA boundary area.
This would maintain the existing process which is underway.
It would not reflect the differing land use intensity proposed
by Shapell. Shapell is only requesting 237 units where TVPOA
is studying 420 units on this site.
3. Approve the request for a separate study, but modify the
boundaries to include the lands to the west between Danville
and the Kaufman & Broad request area ( the Corrie Property)
with the Wendt Property. ma attached)
P Y (See P
This would have the effect of creating a more logical plan
study area. However, some of the additional properties are
Shapell Request to Separate Wendt Property
October 9, 1995
Page Three
TVPOA members. It is possible that other logical boundaries
could be created by expanding this separate study also add
lands to the east.
Staff needs policy direction on this request, along with the
Kaufman & Broad request, so that we can proceed with completing the
environmental documents on the TVPOA proposal.
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SHAPELL INDUSTRIES of NORTHERN CALIFORNIA
A Division of ShapeU Industries, Inc. F;
f i 2:
October 4, 1995
Mr.Jim Cutler
Community Development Dept.
Contra Costa County
651 Pine Street,4th Floor, North Wing
Martinez, Ca 94553
Dear Jim:
This letter is sent to request authorization from the Board of Supervisors for a
General Plan Amendment study for property that we have optioned. This
property is owned by Mrs. Marguerite Wendt and will be referred to as the
"Wendt Ranch". It is approximately 165 acres in size located on the south
side of Camino Tassajara across the street from the Shadow Creek
development and west of the east gate of Blackhawk. The property is in an
unincorporated area, although it does have a common boundary with the
Town of Danville. I've attached an area map for your convenience.
Also attached is our proposal for two hundred eight (208) 8,000 and twenty
nine (29) 10,000 square foot lots along with a park and recreational facilities
along two branches of Alamo Creek.
It is our intention to submit in the near term an application for rezoning to P-1
District, Final Development Plan and Tentative Map. Accordingly,we are also
requesting that this project be assigned to a planner in your department.
Furthermore,we will expeditiously provide the county with the appropriate
application fees.
For your information, this property is currently located within the planning
area established by the County,controlled by the Tassajara Valley Property
Owners Association. Mrs.Wendt had been a member of TVPOA but
withdrew from participation in that organization in the spring of last year. In
as much as we are working with Mrs.Wendt on this project, our request is to
have the Wendt Ranch removed from TVPOA and processed by the County
separately. It is our understanding that a similar request was approved by
the County recently.
Homes of Quality Since 1955
P.O.Box 361169,100 North Milpitas Boulevard,Milpitas,California 95035 Phone:408/946-1550 Fax:408/946-9687
1
Please schedule this matter for Board of Supervisors consideration at your
earliest convenience. Of course, I'd be happy to respond to any questions
you might have. On behalf of Shapell Industries we look forward to working
with you and others at the County on this exciting project.
Sincerely,
Shapell Industries of Northern California
Thomas J. Koch
Assistant vice President
TJK:clm
Enclosures
TASSAJARA VALLEY PROPERTY OWNERS ASSOCIATION
ENVIRONMENTALLY PLANNED GROWTH
-2 Fit 6: 21
September 29, 1995
Mr. Harvey Bragdon
Contra Costa County
Director of Community Development
651 Pine Street
4th Floor, North Wing '
Martinez, CA 94553
Re: TVPOA Comprehensive Land Use Plan
Dear Mr. Bragdon:
As President of the Tassajara Valley Property Owners Association,1 have been
informed that contacts have been made with Contra Costa County staff and with Supervisors .
concerning the potential development of the Wendt property independent of the TVPOA
comprehensive planning effort which has been undertaken for the last several years. The
Wendt property is situated on Camino Tassajara near the east entrance to Blackhawk (APN:
206-030-006). As you are aware, the planning effort being undertaken by TVPOA involves
the cooperation of many land owners who have been told by Contra Costa County that they
could not separately plan their properties but rather would have to undertake a very
comprehensive planning effort in coordination with the County. This is all commemorated by
way of Contra Costa County Board of Supervisors Action dated August 13, 1991, a copy of
which I have attached for your reference. Pursuant to this Board directive which was based
upon your recommendation, we have been working together with the County for several years
to plan this area in a carefully coordinated, comprehensive manner.
For those who may have an interest in the Wendt property to suggest that this property
should be planned independent of the TVPOA planning process not only would result in
piecemeal planning and potential irregular patterns of development, but would be directly
inconsistent with the Action of our Board and the understandings which have been reached
with the TVPOA. In addition, any.such piecemeal planning would violate the terms and
conditions of the TVPOA's.Reimbursement and Expense Sharing Agreement. The TVPOA
and its landowner constituents have spent millions of dollars in reliance on this understanding.
In no way are we objecting to the ultimate development :of the Wendt property or any
property. Rather we believe that the property should be developed in conjunction with the
comprehensive planning being undertaken by the County.
4510 Camino Tassajara • P.O. Box 1083 • Danvillc,CA 94526-1083 • (510)248-3000
Mr. Harvey Bradgon
September 29, 1995
Page 2.
We would hope that the County would continue to endorse long range comprehensive
planning in an orderly fashion as it has in the past and would reject any separate
consideration of the Wendt property independent from the comprehensive planning process
being undertaken with the County at this time for the TVPOA properties.
Sincerely,
TAf SAJARA VALLEY PROPERTN- OWNERS ASSOCIATION
NOLAN C. SHA , DVM.
NCS/cmb
cc. TVPOA Executive Committee
I
TO: BOARD OF SUPERVISORS ;;` Contra
FROM: HARVEY E. BRAGDON _ GW a
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: August 1, 1991
SUBJECT: GENERAL ?LAN AMENDMENT REQUEST OF THE TABBAJARA VALLEY PROPERTY
OWNERS ASSOCIATION
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) i BACKGROUND AND JUSTIFICATION
ZZCOMMENDATIONS
1. Authorize a Comprehensive General Plan review, as requested by
the Tassajara Valley Property Owners Association (TVPOA) , to
redesignate portions of their land from Agricultural Lands to
various residential and urban designations. This request will
involve the Land Use, Circulation and potentially all other
mandatory elements of the County General Plan, and includes
initiation of the rezoning of the area.
2. The granting authorization of this request does not imply any
support for this application, but only that this item is
appropriate for study.
3. By authorizing this review, staff will proceed by preparing an
EIR. When the DEIR is prepared, staff will prepare a report
which will be scheduled for public hearing before the
appropriate County Planning Commission. Following this, the
Commission will forward its recommendations to the Board for
public hearing and final determination.' Staff may expand the
planning amendment area to provide a more logical planning
boundary.
FISCAL IMPACT
The applicant shall pay an amendment fee to cover the County's
costs of this study.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The TVPOA have requested a General Plan amendment to no if the
County General Plan from Agricultural Lands to resident
CONTINUED ON ATTACHMENT: �_ YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR ` RECO ON OF NOAM COMMITTEE
APPROVE — OTHER
SIGNATURE(B) :
ACTION OF BOARD ON Aucutt 13. 1991 APPROVED AS RECOMMENDED OTHER
'VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS I8 A
X _ UNANIMOUS (ABBENT TRUE AND CORRECT COPY OF AN
AYES: ] OEs: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAINS MINUTES OF THE BOARD OF
SUPERVIBORS ON THE DATE BROWN.
Oriq: Community Development Department ATTESTED August 13, 1991
Cc: Public Works PHIL BATCHELOR, CLERIC OF
CAO THE BOARD OF SUPERVISORS
County Council CO Y ADMINISTRATOR
BYT v DEPUTY
ljwcl/cm/taasajor.boo
BACKGROUND/REASONS FOR RECoNMENDATIONS - Cont.
support urban land uses. Their rationale for this change ig shown
in Exhibit A (attached) .
The TVPOA is a grouping of 32 land owners that represent in excess
of 4,000 acres in the Tassajara Valley. Much of this area is
within the Urban Limit Line, though the eastern perimeter of the
area is outside that line (as shown on the map attached to Exhibit
A) .
In addition to the land use and circulation issues a plan change
would also consider substantial issues on public facility and
service availability and growth management issues which need to be
addressed. An EIR will be required prior to consideration of this
plan amendment request.
This proposal will be very controversial and will require an EIR.
Authorization of a study does not imply any position on the
disposition of this study.
ijwcl/cm/tassajar.bos
1 ,
E_
TASSAJARA VALLEY GENERAL PLAN AMENDMENT
AND REZONING STUDY
On April 9, 19910 the Board of Supervisors referred to the
Community Development Department for a report and recommendation
Agenda Item 1.57, the letter dated April 2, 1991, from Nolan Sharp,
President, Tassajara Valley Property Homeowners Association, Inc.
(TVPOA) . That letter requested that the Board authorize the study
of an Amendment to the County General Plan to provide for urban
development in the Tassajara Valley area. A copy is attached.
TVPOA is comprised of 34 property owners who own a majority
of the approximately 4,000 acres in the Tassajara Valley adjoining
Camino Tassajara on both sides from the end of Blackhawk to the
Alameda-Contra Costa County line. A copy of the map is included
with the TVPOA request letter. The entire planning area is
designated Agricultural Lands on the 1990-2005 Contra Costa County
General Plan. The entire area is included within the Urban Limit
Line. In its letter, TVPOA proposes approximately 50000 dwelling
units for the Tassajara Valley, with more than one-half of the area
to be designated in open space use, consistent with the practical
limitations on development within the Urban Limit Line in order to
a►eet the County's overall 65/35 open space to urban use ratio.
Both the Dougherty Valley and the Tassajara Valley represent
opportunities to provide a wide range of housing near the
significant and growing employment centers in the Tri-Valley. The
Board of Supervisors has already authorized a General Plan
Amendment and Specific Plan study for the Dougherty Valley. The
1
reasons to commence that study are equally applicable to the
Tassajara Valley located adjacent to and across from Blackhawk and
Shadow Creek and extending along both sides of Camino Tassajara to
the Alameda County line. Camino Tassajara is an arterial link
between the I-580 Dublin, Livermore and Pleasanton corridor and the
I-680 Central County corridor. improvements to Camino Tassajara
represent an important component to the circulation system for the
entire area. Authorization of the Tassajara Valley study at this
time will provide an opportunity to coordinate environmental and
planning review of the Dougherty Valley and Tassajara Valley, in
particular with respect to addressing off-site and regional impacts
and infrastructure requirements. We believe this can be
accomplished without delaying the planning process for the
Dougherty Valley General Plan Amendment and Specific Plan.
In order to provide for more comprehensive planning at this
time, concurrent with a General Plan Amendment study, we propose
that a rezoning study of the entire Tassajara Valley to P-1 Planned
Unit District (Chapter 84-66) also be undertaken. P-1 zoning will
provide the opportunity to implement the policies and planning
direction of the General Plan Amendment study over the long term
for the Tassajara Valley, providing the County with both maximum
control and flexibility.
Upon authorization of the studies, TVPOA indicated it is
prepared to submit at its cost a planning proposal and project
description for environmental review of a Tassajara Valley General
• Plan Amendment and P-1 zoning, as well as preliminary, conceptual
2
plans for at least a substantial portion of the area. The TVPOA
planning proposal will be reviewed and approved by its membership
and made available for review and input by other property owner in
the Tassajara valley prior to submittal to the County. Concurrent
modifications to the underlying P-1 zoning ordinance to accommodate
its use on this scale have been contemplated by and will be
undertaken by the Department.
TVPOA representatives and the Community Development Department
have discussed the proposed studies, their timing and financing.
TVPOA is prepared to finance the entire cost of the General Plan
Amendment and rezoning studies, including the cost of an EIR. The
Community Development Department proposes that application fees for
the studies be based on the number of acres proposed for
redesignation to urban use. TVPOA proposes to designate
representatives as contact persons with the County to facilitate
and simplify County communications with TVPOA members throughout
the General Plan and rezoning process. If General Plan Amendment
and rezoning studies are authorized by the Board, then, prior to
formal submittal of a planning proposal by TVPOA, the Community
Development Department and TVPOA will complete an agreement
confirming the scope of and terms of payment for these studies.
That agreement will be returned to the Board for its approval on
a subsequent agenda.
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to consider:
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: CIA Z Phone:
Address: Ldp
1 am speaking for myself` or organization:
Gnome of organization)
CHvF ONE:
I wish to speak on Agenda Item # date: moi- -•��°� _--
My comments will be: general —for against .
I wish to speak on the aject of
1 do not wish to speak but leave these comments for the Board
to consider:
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: (L>�L Lt.-
Address;
t. -Address:
1 am speaking for myself or ization:
�— (name of organization)
CHECE: _
1 wish to speak on Ag Item
My comments will be: against
1 wish to speak on the subject of
1 do not wish to speak but leave these comments for the Board
to consider: