HomeMy WebLinkAboutMINUTES - 02281995 - D.1 D. I
TO: BOARD OF SUPERVISORS j Contra
. Costa
FROM: - HARVEY E.- BRAGDON 0', County
DIRECTOR OF COMMUNITY DEVELOPMENTy,-
�O• T_ 1t
DATE: January 12 , 1995 STa'�ouri r'�
SUBJECT: Decision on Jerry Loving Associates (Applicant) - Wickland Properties
(Owners) on a Recommendation by the County Planning Commission to Amend
the County General Plan (County File #4-91-CO) , to Rezone the Subject
Property from Preliminary Development Plan (County File #2958-RZ) and
Approve a Final Development Plan (County File #3018-91) for 100 Single
Family Residential Units. An Appeal by the Applicant on the County
Planning Commission's Decision to Subdivide the Property (SUB 7558) and
Recommendation by the County Zoning Administrator on a Development
Agreement (DA940122) Proposed by Wickland Properties, in the Crockett
Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environment documentation as prepared for this
project as being adequate.
2 . Adopt the mitigation monitoring program as prepared for this
project.
3 . Approve the request to amend the General Plan (4-91-CO) from
Agricultural Lands to Single Family Residential-High Density.
4 . Approve the request to rezone the site from A-2 (Agricultural
Lands) to P-1 (Planned Unit Development) with Preliminary
Development Plan (2958-RZ) .
5. Approve Final Development Plan (3018-91) .
6. Deny the applicant's appeal and approve subdivision (SUB 7558)
with all the conditions approved by the County Planning
Commission.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Fe ruary 28, 1995 APPROVED AS RECOMMENDED x OTHER
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 NOES: 1,3 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 February 28, 1995
cc: PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
D COU T ADMINISTRATOR
BY ° , DEPUTY
1
2 .
7 . Adopt the findings contained in the County Planning
Commission's Resolution as the Board's own and the findings
previously provided, with the modifications provided in the
Board's packet.
8 . Introduce the Ordinance, giving it effect, waive reading, set
for adoption of same.
9 . Find that the Development Agreement is consistent with the
County General Plan and Conditions of Approval for the
development known as Pointe Crockett, County Files 4-91-CO,
2958-RZ, 3018-91, and SUB 7558.
10. Adopt the Ordinance previously provided for the Wickland
Properties relative to the development known as Pointe
Crockett.
11. Authorize the Director of Community Development to sign and
execute the Agreement after it has been duly signed by
Wickland Properties.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATION
The background information for this item was provided to the Board
in their December 13 , 1994 packet. On December 13 , 1994 the Board,
after receiving all the testimony and evidence presented, closed
the: public hearing and continued this matter until December 20,
1994 . On December 20, 1994 the Board certified the environmental
impact report and continued the remaining items for decision until
January 31, 1995 .
A Modification to the Statement of Findings and Over-riding
Considerations is provided. The modification deletes Statement #5
under the Statement of Over-riding Considerations, and is reflected
on page 86 of the Findings.
DJC/aa
BDIX/7558 .DJC
As part of this Project, Wickland has amended its previous offers of dedication to
include substantial additional acreage on the water side of San Pablo Avenue.
EBRPD further wishes to establish a trail across the land southeast of the Project
site. This land is owned by Wickland, and is under a Williamson Act contract until
1996. As part of this Project, Wickland has further offered an additional trail to
EBRPD, following the future Cummings Skyway alignment as referenced above, to
connect other planned trails in the area.
The specific land dedication offers and acreage are set forth in Wickland's letter
of February 26, 1993 to Mr. Bob Doyle, the Land Acquisition Division of EBRPD,
and the maps attached to such letter. The letter and maps are contained in the
Draft EIR.
The Board finds that any remaining unavoidable impacts of the Project are
acceptable in light of the environmental, social, economic and other considerations
set forth herein, because the benefits of the Project outweigh any significant,
unavoidable environmental impacts of the Project.
86
ADDENDUM TO ITEM D.1
FEBRUARY 28, 1995
On February 14, 1995, the Board of Supervisors continued to this date the decision on
General Plan Amendment Request 4-91-CO, Rezoning Application 2958-RZ and Development
Plan 3018-9, Jerry Loving Architect (applicant) and Wickland Properties (owner) in the
Crockett area, and the decision on the appeal by Wickland Properties on Subdivision 7558,
and the decision on the property known as "Pointe Crockett" in the Crockett area.
Debbie Chamberlin, Community Development Department, presented the staff report
on the matter and commented on the recommendation by the Public Works,Department to
delete the Condition 58e which called for a restricted left turn at Vista Del Rio, having
reanalyzed the sight distance, that left turns could be allowed at Vista Del Rio.
Chair Bishop commented on the correspondence received from the Hazardous
Materials Commission received this morning and from Milton Feldstien at the Air Board.
Dr. Walker, Health Service Department, commented on the risk management
prevention program being carried out by Health Services under state legislation involving an
analysis of facilities in Contra Costa County that handle acutely hazardous materials. He also
commented on the recommendation that the Board assure if the development goes forth that
there are assurances in place that the Pointe Crockett development is encompassed by the
proposed Community Warning System which is now being developed by industry in Contra
Costa County and that there is a'siren in place that will reach the residents of Pointe Crockett
and tie them into that warning system.
Supervisor Smith requested clarification and discussion of H2S monitors.
Laura Brown, Health Services Department responded with an explanation on the
operation of fence line monitors and issues including monitoring.
Supervisor Rogers requested clarification on the timing of the siren system and people
actually moving into the area.
Dr. Walker responded that the Board would need to be explicit in its recommendation
that if development goes forth that the siren system be in place before people lived there.
Chair Bishop commented that if the development were any place else in this County, it
would be appropriately supported but that it is in harms way.
Supervisor Rogers commented that a project which is residential should not be this
close to a facility such as UNOCAL which has a history of on going problems and indicated
he cannot support this decision here but expressed the need as a County to take a look at to
try and figure out how to deal with industry and having land that people would like to build
homes or businesses on.
Supervisor Smith moved approval of the project with some added conditions
specifically not to have any occupancy of the homes until after the siren is in place and after
the chlorine is no longer used at UNOCAL and that a H2S monitor be installed immediately
adjacent to the homes and that that be monitored by the County so that there would be no risk
of any release of significant amounts of H2S that went unnoticed and he also asked that a
General Plan study be done for a General Plan modification to deal with potential risks.
Supervisor Torlakson seconded the motion.
Chair Bishop indicated that the Board was late for a luncheon meeting with the Court
and suggested that Supervisor Smith put the motion into written form for clarity so that the
Board could vote on it after the luncheon and commented that the General Plan process
amendment was not agendized for today.
Supervisor Torlakson suggested a condition that this developer help pay for whatever
staff work would be necessary to develop a General Plan amendment with the involvement of
the industrial committee and hazardous materials committee.
The Board discussed the motion.
The vote on the motion was as follows:
AYES: Supervisors Smith, DeSaulnier and Torlakson
NOES: Supervisors Rogers and Bishop
ABSENT: None
ABSTAIN: None
Following the luncheon recess, Supervisor Smith clarified for the record that the
motion was to accept the environmental documentation as prepared, adopt the mitigation
monitoring program as prepared, approve the request to amend the General Plan from
Agricultural to Single Family Residential High Density, approve the request to rezone the site
from A-2 to P-1 with a preliminary development plan, approve the final development plan,
deny the applicant's appeal, approve the subdivision with the conditions approved and three
other conditions, number one was no occupancy until after the sire system is installed and
functional, number two was no occupancy until after the expiration of the three year window
during which UNOCAL will be eliminating chlorine and number three was siting one H2S
monitor near or at the property line connected to the Health Services Department for
monitoring of H2S in the region of the residences and adopt the findings contained in the
County Plan with the modifications as in the packet, introduce the ordinance giving effect,
waive the reading, adoption of the same, find that the Development Agreement is consistent
with the General Plan and conditions of approval, adopt the ordinance previously provided
and authorize the Community Development Director to sign and execute the agreement with
Wickland Properties and separately not as part of this motion request staff to return back to
this Board with information on how to initiate a General Plan process to look at modification
of the General Plan to deal with these balancing issues in the future.
Supervisor Torlakson clarified his addition was direction to staff to return by March
21, 1995, with recommendations for a work plan to address the issue of separation between
industry and residences including a general plan text amendment, ordinance changes or other
actions and that staff recommendations would include costs or a budget for such an effort and
that Wickland would pay for that effort or a reasonable share.
Supervisor Smith concurred.
Dennis Barry requested clarification of the clarification that the motion included the
deletion of condition 58e recommended by staff at the beginning of the meeting, and that
Supervisor Torlakson's direction was to put the General Plan Study authorization on a future
agenda.
Supervisor Smith concurred.
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 28, 1995 by the following vote:
AYES: Supervisors Smith, DeSaulnier and Torlakson
NOES: Supervisors Rogers and Bishop
ABSENT: None
ABSTAIN: None
SUBJECT:
In the matter of approval of the)
Pointe Crockett Project General ) RESOLUTION NO. 95/86
Plan Amendment )
The Board of Supervisors of Contra Costa County
RESOLVES that:
There is filed with the Clerk of this Board a copy of
Resolution No. 42-1994, adopted by the Contra Costa Planning
Commission on November 15, 1994, certifying the Environmental
Impact Report (EIR) with respect to Subdivision Map No. 7558,
approving such Map, and recommending approvals of the Pointe
Crockett General Plan Amendment and related approvals. The
Subdivision Map approval was thereafter appealed to this Board,
giving this Board authority over the Project approvals set forth
below.
On December 13 and 20, 1994 and February 14 and 28,
1995, this Board held meetings and considered the amendment of
the General Plan from AL to SH (File No. 4-91-CO) as considered
by the Planning Commission, as well as the following related
approvals: rezone of the site from A-2 to P-1 (File No. 2958-R2) ;
Preliminary and Final Development Plans for 100 single-family
units (File No. 3018-91) ; Subdivision Map No. 7558; and
certification of the EIR for each of the listed approvals.
The Pointe ,Crockett General Plan Amendment was one of
the subjects of the referenced EIR. On' February 28, 1995, the
Board certified the EIR with respect to the General Plan
Amendment and related Project approvals, approved the Project and
adopted findings thereon as required by the California
Environmental Quality Act (CEQA) . The Board's Order of February
28, 1995 certifying the EIR, - approving the Project and adopting
findings thereon is -incorporated herein by reference.
NOW, THEREFORE BE IT RESOLVED as follows:
The Board, having fully considered this matter, hereby.
APPROVES the referenced amendment to the County General Plan as
recommended by the County Planning Commission pursuant to
Resolution 42-1994.
Orig. Dept: Clerk of the Board
cc: Director of Community Development
Director of Public Works
County Administrator
Director of Growth Management and Economic Development
County Counsel
I certify that this is a true and
correct copy of an action taken
and entered on the minutes of the
Board of Supervisors on the date shown.
Attested: February 28, 1995
PHIL BATCHELOR, Clerk
Of the Board of
Supervisors and County
Admini rator
4
By: ° J , Deputy
ORDINANCE NO. `95=15
, The Board of Supervisors of the County of Contra Costa ordains as
; follows:
Section I: The Board hereby finds that the provisions of the
Development Agreement (Development Agreement) between the County
of Contra Costa and Wickland Properties, relating to a
residential development for up to 100 units on approximately 28
acres located in the unincorporated portion of the County west of
the community of Crockett (project or Pointe Crockett project) ,
which is on file with the Clerk of the Board, and which has been
recommended for approval by the County Zoning Administrator, is
consistent with the County's General Plan.
Section II: The Board hereby finds that adoption of this
ordinance and approval of the Development Agreement complies with
the requirements of the California Environmental Quality Act
(CEQA) .
A. The Board hereby finds that no further environmental
review is required for the Development Agreement. The
Environmental Impact Report for the Pointe Crockett project
(EIR) assessed the environmental impacts of the Development
Agreement. The environmental impacts of the project,
including the Development Agreement, are addressed in the
CEQA Findings and project findings for the project, which
are incorporated herein by reference, and the Board makes
these findings in part based upon all such prior findings,
as well as the entire administrative record for the project.
Further, the Development Agreement merely implements the
project as set forth in the EIR, with no new significant
impacts. As further set forth below, no conditions exist
herein for additional environmental review.
1. No substantial changes are proposed in the
Development Agreement which will require major
revisions of the EIR due to the involvement of new
significant environmental effects or a substantial
increase in the severity of previously identified
significant effects.
2. No substantial changes have occured with respect
to the circumstances under which the project is
undertaken, which require major revisions to the EIR,
due to the involvement of new significant environmental
effects or a substantial increase in the severity of
previously identified significant effects.
3. No new information of substantial importance has
been brought forth.
B. Pursuant to CEQA at PRC §21083 . 3 (a) , the EIR was
certified for the zoning for the project, the Development
Agreement is consistent with such zoning, which allows for a
residential development, and there are no new effects upon
i�
the environment peculiar to the project, ' project site or
Development Agreement not addressed as significant effects
in the EIR, and there has arisen no substantial new
information showing any such effects will be more
significant than described in the EIR.
C. Pursuant to CEQA at PRC §21083 . 3 (b) , the EIR was
certified for the General Plan Amendment for the project,
including the Development Agreement, and the Development
Agreement is consistent with such General Plan as amended,
and there are no new effects on the environment which are
peculiar to the project, project site or Development
Agreement not addressed as significant effects in the EIR,
and there has arisen no substantial new information showing
any such effects will be more significant than described in
the EIR.
Section III: The Board hereby approves the Development Agreement
pursuant to the authorization provided in sections 65864 et seq.
of the Government Code of the State of California. The Board
hereby authorizes the Director of Community Development to sign
the Development Agreement on behalf of the County of Contra
Costa.
Section IV: If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional or invalid, such a decision shall not
affect the validity of the remaining portions of this ordinance.
The Board hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase of
this ordinance irrespective of the unconstitutionality or
invalidity of any section, subsection, subdivision, paragraph,
sentence, clause or phrase.
Section V: This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once
with the names of supervisors voting for and against it in the
Contra Costa Times, a newspaper published in this County.
PASSED on February 28 , 1995 by the following votes:
AYES: Supervisors Smith, DeSaulnier and Torlakson
NOES: Supervisors Rogers and Bishop
ABSENT: None
ABSTAIN: None
ATTEST: Clerk of the Board of Supervisors
By: IL b
Board Vair