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MINUTES - 10241995 - D.4
rev CJ � r `I Contra ' Costa TO: BOARD OF SUPERVISORS/REDEVELOPMENT AGENCY Coufty J FROM: Harvey E. Bragdon r ` u� Director of Community Development DATE: October 24, 1995 SUBJECT: Hearing on the Amended and Restated Acquisition and Development Agreement (County File #DA201) between the County, County Redevelopment Agency and Bay Area Rapid Transit District (BART) for the properties located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station Area of the County, measuring approximately 18.8 acres . (APN' s : 148-250-071, 148- 2-21-029, 014, 015 48-250-071, 148- 221-029, 014, 015 & 017) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Certify that the Negative Declaration prepared for the project is adequate for . purposes of compliance with the California Environmental Quality Act (CEQA) . 2 . Approve the Amended and Restated Acquisition and Development Agreement relative to the Development Area known as Areas 11 and 12 in the Pleasant Hill BART Station Area . 3 . Direct the Director of Community Development to sign and execute the Amended and Restated Acquisition and Development Agreement after it has been duly signed by BART officials . 4 . Direct the Deputy Director - Redevelopment, to sign and execute the Amended and Restated Acquisition and Development Agreement on behalf of the County Redevelopment Agency after it has been duly signed by BART officials . 5. Adopt the attached Ordinance putting it into effect. CONTINUED ON ATTACHMENT: x YES SIGNATURE : RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ATION F BOARD CO TTEE APPROVE OTHER. S I GNATURE (S) ACTION OF BOARD ON a APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I 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. Source: Aruna Bhat 646-4208 ATTESTED �_ C�._ Orig. Dept. Community Development PHIL, BATCHELOR, CLERK OF cc: Bay Area Rapid Transit District THE BOARD OF SUPERVISORS Redevelopment Agency AND COUNTY ADMINISTRATOR B , DEPUTY FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS In 1985, Contra Costa County, County Redevelopment Agency and BART entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft. and 1, 265, 000 sq. ft. of non residential development together with some residential development. The primary purposes of the proposed Amended and Restated Acquisition and Development Agreement are to extend the term for an additional ten years from September 1995 and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . In response to the Zoning Administrator' s hearing on the Amended and Restated Acquisition and Development Agreement, the County received letters from the City of Pleasant Hill (Attachment "A" and "B") , Contra Costa Centre (Attachment "C") and STAND-UP (Save the Trail AND Unite for better Planning) (Attachment "D") . The letter from the City of Pleasant Hill confirmed its support of a mixed use development at the Pleasant Hill BART Station Area. However, it stated that the extension appeared not to have been filed in a timely manner and that traffic mitigation was an important issue that should be appropriately considered. The letter from STAND-UP also generally supported the extension of the Agreement, but had concerns about the SP Arterial Project identified as a mitigation measure in the EIR for the Pleasant Hill BART Station Area Specific Plan. The Contra Costa Centre supported the Agreement and felt that it would have a positive affect on the commercial businesses as well as the community. The original Development Agreement for the subject property was approved in 1985 and it expired on September 11, 1995. BART filed the application for the extension of the Agreement on August 15, 1995, prior to the expiration date of the original Agreement. 'The EIR prepared pursuant to CEQA, in connection with the consideration and adoption of the Pleasant Hill BART Station Area Specific Plan, identified and determined necessary mitigation measures which need to be undertaken to address the impact of increased land use in the Station Area as contemplated by the Specific Plan. A supplement to the EIR was prepared in connection with consideration of the amendment to the Specific Plan adopted on July 19, 1988 and the amendment of the Redevelopment Plan adopted by Ordinance No. 88-58 . The EIR and the EIR Supplement analyzed the impact of development of the subject property in the manner contemplated by the Agreement and the amendments to the Agreement do not change the scope, use, density or any other physical aspects of the development of the subject property. Staff has prepared a Negative Declaration since there are no changes in the project which would require major revisions of the EIR and EIR Supplement due to new environmental effects or a substantial increase in the severity of previously identified environmental effects In response to the concern of STAND-UP regarding the SP Arterial mitigation measure, staff does not believe that the approval of this Amended and Restated Acquisition and Development Agreement predisposes the County or the Redevelopment Agency to the construction of any particular circulation improvements . Additional traffic studies are expected to be conducted in the near future which will focus on a variety of alternative circulation projects. The Department is currently putting a work program together for the traffic study. According to the Congestion Management Program-Compliance Monitoring Report, 1994, prepared by Contra Costa Transportation Authority, the Level of Service at the intersection of Treat and i • Buskirk and Treat and Oak Road are at "A" . In 1985, the future Level of Service predicted at those intersections were "F" under all the different scenarios . The improvements done on Treat Boulevard have substantially improved circulation pattern in the area. This matter was heard by the Zoning Administrator on September 25, 1995. The Zoning Administrator closed the public hearing and found that the Amended and Restated Acquisition and Development Agreement was consistent with the County General Plan and the Specific Plan for the Pleasant Hill BART Station Area. The Zoning Administrator recommended that the Board of Supervisors find that the Agreement is in compliance with CEQA requirements, State Law, County policies, County General Plan and the Specific Plan. ( t recycled paper 20 PH 3; 43 City of Pleasant Hill � :_V*:!! 1 DEPT September 14, 1995 Ms. Aruna Bhat Community Development Department Contra Costa County 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553-0095 Dear Ms. Bhat: RE: BART Development Agreement No. 201 The City of Pleasant Hill has several concerns about the above referenced Development Agreement. We believe that our concerns need to be addressed prior to the hearing on the Agreement. First, the Development Agreement expired September 11, 1995. It appears that they did not file the extension in a timely manner. We believeaR new Development Agreement should be processed. Second, the environmental documentation�is dated;specifically, the traffic analyses. Mitigation for the project is proposed via Pleasant Hill streets and roads. Should current efforts to keep the area within Pleasant Hill's sphere and eventual annexation fail,we are interested in reviewing the extent of mitigation which is proposed in Pleasant Hill. Also, the Board of Supervisors has officially indicated that the Southern Pacific Right-of-Way road project will not be built; therefore, the environmental review is fatally flawed. This will necessitate a new environmental document to figure out how the traffic will be mitigated. The City wishes to make a presentation at each hearing on this item; therefore, we request legal notification,copies of all staff reports and supporting materials, a copy of the Agreement, and copies of letters and communications concerning this matter. If you have any questions concerning my request, please feel free to telephone me at 671-5209. Sincerely, Richard T. Bottarini �RT A Community Development Director T1 . cc: Pleasant Hill City Council. Joseph M.' Tanner, City Manager, City of Pleasant Hill James Kennedy, Deputy Director, Contra Costa County Redevelopment Jeff Ordway, Real Estate Development Manager, BART 100 Gregory Lane - Pleasant Hill - California 94523-3323 - (510) 671-5270 - FAX 256-8190 216 1111,118 ['LL':1S:1N'I' HILL CII • �r uuzivvj MOW paper City of Pleasant -Hill September 19, 1995 Mark DeSaulnier Supervisor of District 4 Contra Costa County 651 Pine Street Martinez, CA 94553-0095 Re: Development Agreement No. 201 BART Development Agreement Dear Mark: This letter is written to confirm that the City of Pleasant Hill supports the County's development efforts in the Pleasant Hill BART Station Area and is willing to cooperate to see those plans come to fruition. The City of Pleasant Hill believes a mixed use development at thePleasant Hill BART Station is fundamentally good plan. This type of development utilizes limited resources in an efficient and effective manner. The City has been a long-time supporter of.the proposed development of the BART property and is supportive of efforts to mitigate the impact of the development. We are actively exploring traffic mitigations with all concerned in an effort to facilitate this development. In order to preserve our legal rights, however, we feel obliged to document our concerns regarding-the environmental review process for Development Agreement No. 201 as expressed in the letter dated September 14, 1995 from Richard T. Bottarini, Community Development Director, to Ms. Aruna Bhat, Contra Costa County, Community Development Department. Because of the resulting traffic impacts from MX development in the area, we feel that traffic mitigation is an important issue that cannot be ignored. Once again, the City of Pleasant Hill supports the proposed project and i, willing to cooperate as long as traffic impacts are appropriately considered. Please submit this letter into the record to indicate our support for the project subject to the reservations expressed in the September 14,1995 letter. Sincerely, �\CH MENT - ll W. D. Landis Mayor 100 Gregory Lane Pleasant Hill - California 94523-3323 - (510)671-5270 - FAX 256-8190 SEF-22-1995 10:43 510 256 8190 P.002 W22/05 1t:46 ^p 510 256 8100 PLEASANT HILL CII U003/003 Mark DeSaulnzer September 20, 1995 Page 2 WDL:en cc: Dan Richard, BART Director City of Pleasant Hill Councilmembers Joseph M. Tanner, City Manager, City of Pleasant Hill Jim Kennedy, Contra Costa County Redevelopment Department Jeff Ordway, Real Estate Development Manager, BART 1 60 Iwai Bmitcv.11d Sit 180 VAX 110/164 1,10-, September 25, 1995 Mr, Harvey Bragdon Contra Costa County Community Development Director 651 Pine St. North Wing 4th Fir Martinez, Ca. 94553 Dear Mr. Bragdon, The Contra Costa Centre Association is in support of continuing the extension of the Acquisition and Development Agreement between Contra Costa County and Contra Costa County Redevelopment Agency and San Francisco Bay Area Rapid Transit District. The Contra Costa Centre as a transit based development project views the BART Station development as the heart of the planned area and we would like to see continuity maintained. The BART development would have a positive affect on the commercial businesses as well as the community. Sincerely, —F - Steve Thomas President .�������,�-�� ,tel ST:kk cc. Michael Bernick - President, BART Board of Directors Dan Richard - Vice President, BART Board of Directors Jeff Ordway - Real Estate Department 09/2x/95 MON 09:24 17AX 41.56227201 CRE/ORGO 3772 (0001 STAND-UP ! 54111ae � � ►� To: County Zoning Administrator From: STAND-UP Board Of Directors�,,�' clo Kathleen Van Winckei K•u 112 Greenwood Circle Walnut Creek, CA 94596 Date: September 24, 9995 Subject: BART County File#Development Agreement 201 Regarding the extension of the BART development rights In the Pleasant Hill BART Station Area of the County,we would like to raise the following Issues: • The SP Arterial project is identified as a traffic mitigation measure in the EIR for the Specific Plan for the PH BART Station Area. The ultimate completion of this roadway has become a practical impossibility for the following reasons: - The City of Concord will not allow the SPA to connect with Monument Blvd. - The roadway violates funding agreements with the State of CA who funded the purchase of the SP right-of-way exclusively for mass transit. - The City of Pleasant Hill is opposed to building UwAW Arterial. Contra Costa County Legal Counsel has opined on this issue in a memorandum to Harvey Bragdon, Director of Community Development Department', dated October 17, 9994 which states the following: `You have advised us that previously approved development agreements were conditioned upon the inclusion of the 4-lane SP Arterial mitigation measure. If this is correct and no feasible alternative to the SP Arterial is identified in an EIR for a general plan amendment(`GPA")which is adopted and removes the SPA from the circulation element of the general plan, previously approved developments (which have not been fully built out) could be subject to legal attacks on CEQA grounds.when further implementation of phases of such development is sought.- in addition, there might be specific provisions of such development agreements which could be violated,thus resulting In adverse SSP-25-1995 09=24 4156227201 P.001 MON 00:25 FAX 4156227201 consequences for the contracting redevelopment agency depending on the particulars of any general plan or specific plan amendment finally adopted.* Based on the above, we are concerned about the County Redevelopment Agency locking itself into a course of action to build the SPA even though this roadway could be impossible to build. Given that we believe that the e;Ebnsion of the BART development rights In this area should be conditioned upon eventual removal of the SP Arterial from the Counter General PlanandSpecific Plan. We do continue to support the transit-village development concept In the PH BART Area and Dan Richard has been exemplary in his conduct on community- related issues in this area. We generally support the extension of the development rights as long as there is no possibility that the development agreement can be used later as a justification for pursuing development of the SP Arterial. cc: Dan Richard Gayle Bishop Mark DeSaulnier Jim Kennedy Harvey Bragdon SEP-25-199S 09:24 41SG227201 P.002 ORDINANCE NO. (Amended and Restated Acquisition and Development Agreement between Contra Costa County, County Redevelopment Agency and Bay Area Rapid Transit District regarding Areas 11 and 12 in the Pleasant Hill BART station Area) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Findings The Board hereby finds that the provisions of that certain Amended and Restated Acquisition and Development Agreement between the County of Contra Costa(County), County Redevelopment Agency(Agency) and the Bay Area Rapid Transit District (BART) relating to the property known as Areas I 1 and 12 in the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board, and which has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan and the Pleasant Hill BART Station Area Specific Plan, as established by the terms of the Amended and Restated Acquisition and Development Agreement, the County Zoning Administrator, and by such other information in the record before the Board. The Board hereby finds that the Negative Declaration prepared for the Amended and Restated Acquisition and Development Agreement is in compliance with CEQA since the amendments to the Agreement do not change the scope, use, density or any other physical aspect of development which could occur on the subject property. Section II. Approval The Board hereby approves, pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the State of California?the Amended and Restated Acquisition and Development Agreement, between the County of Contra Costa, Agency and BART, relating to the property known as Areas I 1 and 12 of the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board and is incorporated in this Ordinance for all purposes by this reference. The Director of Community Development is hereby authorized to execute said Agreement on behalf of the County and post a Notice of Determination pursuant to CEQA. The Deputy Director-Redevelopment is hereby authorized to execute said Agreement on behalf of the County Redevelopment Agency. Section III. Severability 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 M.Effective Date This ordinance shall become effective thirty(3 0) days after passage and, within fifteen (15) days of passage,the names of the Supervisors voting for and against it shall be published once in Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on October 24, 1995, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: Deputy Gayle Bishop, Chairperson, Board of Supervisors Date: NOTICE REDEVELOPMENT AGENCY STAFF MUST BE NOTIFIED OF ALL DEVELOPMENT PLAN,LAND USE. (� 2� SUBDIVISION OR VARIANCE APPLICATIONS RECEIVED FOR ALL PARCELS ON THIS PAGE. SE E PAGE 18 FOR ASSESSMEI a r ul Q J LAS JUNTAS 3 *•rra.f• _7" TAN TiJ.7f------I-- .✓ee•e1 i WAY .... saes w.te K.a. 4113�^J .«..• it^Ta+t� -19-72 �1 b7CfS � atr.irtc 289-13 " 3tcr S� �`1g � b24-R� #3�o-3olZOO,-113 o(ear�qa) 7 -8Gr'ti c 22l GAKAILI MOPEMIES vOQ�o t° (�rn mert�7a.�tn°r+t Prop•} LL �� a rt►.r'" wt• sr�.°acAe •`d k a :'•Li?SOJ�G nti - 1 .crt r g 0<o 6Y CON' A.a� I II / /e*"� / F4R� L / ti. / f 17 / / I- tjj +,;,.�` Q�„ I-•;' ,,- �,rr'' ,,-,BAR ,gRSA#I t 25`15-'M� D. P SANT L STATION2.01 Lu 1.4 •aa es ,17 BE AGENT sTyMLo use. b" 26 / / LA.L �Lo f�Et1T Ptl ONS 1.1%%A Z / (3EOeYE Q Wr��u CA�AGE. A IlansEoOPStOt4ORVARV�`E.ON-MiS `4 susoms FOR At LPARC 305-`1 �'Z // goy Recerr � o .AREA a o iO4.(.T' '•. n A 365 -83(w•1 �~ / 10.7".af. 1.i:°Ac. / / R B. A. R. T. a- )=!Op LOIN 131+ /j5''�D(p�j / j PLEASANT HILL STATION Lt2 83 �a / / °• V 1 t ° Cl A'ar•�t'frw A• Boc) BLVD. • LEGAL DESCRIPT[ON BART DEVELOPMENT PROPERTY ALL TGAT PORTION Or PARCELS 0-CO60, O-0060.1; O-CG70-5S THROUGH O-CO70-57, O-CO71 -THROUGH 0-CO98, 0-CI06, O-C107, O-C309, O-C112, 0-0227, ARD 0-C242 THROUGH 0-C244 AS SAID PARCELS ARE SHOWN AND SO DESIGNATED ON T113SZ. CERTAIN MAPS ENTITLED "SAN FRANCISCO DAY AREA RAPID TRANSIT DISTRICT RECORD MAP OF RIGHT-OF-WAY, CENTRAL C014TRA COSTA LINE" FILED FEBRUARY 10, 1976, IN THE OFFICE OF COUNTY RECORDER OF CONTRA- COSTA COUNTY IN VOLUME 3 OF BART MAPS AT PAGES I THROUGH 10 TOGETHER WITH ALL THAT PORTION OF THAT CERTArl; PARCEL OF LAND CONVEYED TO THE SAN FRANCISCO BAY•AREA RAPID TRANSIT.DISTRICT BY DEED RECORDED OCTOBER 3, 1984, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BODY 12002 OF OFFICIAL RECORDS AT' PAGE 266, BEING A PORTION OF THE RANCHO LAS JUNTAS; DESCRIBED AS FOLL6WS% COMMENCING AT A CONTRA COSTA COUNTY STREET MONUMENT MARKING THE INTERSECTION OF THE CENTERLINE OF TREAT BOULEVARD WITH THE CENTERLINE OF OAK ROAD AND RUNNING THENCE (THE BEARINGS OF THIS DESCRIPTION BEING REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE III) NORTHERLY AT RIGHT ANGLES TO SAID CENTERLINE OF TREAT BOULEVARD NORTH 00- 04' 08" EAST 73.00 FEET; THENCE, EASTERLY ALONG A LINE NORTHERLY OF, PARALLEL TO, AND 73.00 FEET DISTANT MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF TREAT BOULEVARD SOUTH 89* 55' 52" EAST 742.59 FEET TO A -POINT ON THE EASTERN LINE OF PAPCE-lr C97-8 AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON SAID BART MAPS AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE, FROM SAID POINT OF BEGINNING, ALONG THE LAST NAMED LINE BEING PARALLEL TO SAID CENTERLINE OF TREAT BOULEVARD NORTH 89*' 55' 52" WEST 619.19 FEET; THENCE, NORTHWESTERLY ALONG THE ARC OF A TANGENT 60.00 FOOT RADIUS 'CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101' 341 21" AN ARC DISTANCE OF 106.37 FEET, THENCE, TANGENT TO THE LAST NAMED CURVE NORTH 11" 381 29" EAST 356.34 FEET; THENCE, NORTHERLY AND WESTERLY ALONG THE ARC OF A TANGENT 395.00 FOOT RADIUS CURVE TO TH4 LEFT THROUGH A CENTRAL ANGLE OF 49* 401 43" AN ARC DISTANCE OF 342.49 FEET.- THENCE, TANGENT TO THE LAST NAMED CURVE NORTH 38* 02' 14" WEST 91.38 FEET; THENCE, NORTHERLY ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTF-k-1 ANGLE OV 90' 00' 00" All ARC DISTANCE OF 31.42 FEET, THENCE, RADIAL TO THE LAST NAMED CURVE NORTH 38* 02' 14" WEST 80.00 FEET; THENCE, AT RIGHT ANGLES TO THE LAST N)*UZZ) COURSE NORTH 51* 57' 46" EAST 122.88 FEET: THENCE, EASTERLY ALONG THE ARC OF A TANGENT 200.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38* 02' 14" AN ARC DISTANCE OF 132.78 FEET: THENCE, TANGENT TO THE LAST NAMED CURVE EAST 3.9.29 FEET; THENCE, AT RIGHT ANGLES TO THE LAST NAMED COURSE NORTH 17.22 FEET TO A POINT ON THE WESTZRR LINE OF THE ABOVE NAMED PARCEL 0-C244; THENCE, NORTHERLY ALONG SAID WESTERN LINE THE FOLLOWING THREE (3) COURSES: 1) NORTH 30* 12' 37" WEST 38.28 FEET, 2) NORTH 790 16' 31" EAST 21.19 FEET, AND 3) NORTH 04* 54' 55" EAST 129.44 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 0-C244: THENCE, ALONG THE NORTHERN LINE OF SAID PARCEL 0-C244 AND ALONG THE NORTHERN LINE OF THE ABOVE NAMED BART PARCEL (12032 O.R. 266) AND ALONG THE NORT11ER-4 LINE OF PARCEL C97-15 AS SAID PAROL IS SHOWN AND SO DESIGNATED ON SAID BART 14APS THE FOLL039ING THREE (3) COURSES- 1) EASTERLY ALONG THE ARC OF A NON-TANGENT 266.50 FOOT RADIUS CUPVE TO THE RIGHT, THE CENTER OF WHICH BtARS SOUTa 09- 09' 38- EAST, THROUGH A CENTRAL ANGLE OF 08' 52' 24" A14 ARC DISTANCE OF 41.27 FEET, 2) TANGENT TO THE LAST NAMED CURVL NORTH 89- 42- 46" EAST 628.43 FEET, AND 3) NORTH 57' 521 21" EAST 64.53 FEET TO THE MOST NORTHERN CORNER OF SAID PARCEL C97-15; THENCE, SOUTHERLY ALONG THE EASTERN LINE OF SAID PARCEL. C97-15 AND ALONG THE EASTERN LINES OF PARCELS- C99-4 AND C97-8 AS SAID PARCELS ARE SHOWN AND SO DESIGNATED ON SAID BART MAPS SOUTH 08' 44' 37* VEST 1266.95 FEET TC, T11r; POItIT Or BEGINNIX:IG A.%*n CONTAINING 81'2,58G SQUARE FEET OF LAND MORE OR LESS. 'v ORDINANCE NO. 9 5-5 2 (Amended and Restated Acquisition and Development Agreement between Contra Costa County, County Redevelopment Agency and Bay Area Rapid Transit District regarding Areas I 1 and 12 in the Pleasant Hill BART station Area) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Findings The Board hereby finds that the provisions of that certain Amended and Restated Acquisition and Development Agreement between the County of Contra Costa(County), County Redevelopment Agency(Agency) and the Bay Area Rapid Transit District (BART)relating to the property known as Areas 11 and 12 in the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board, and which has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan and the Pleasant Hitt BART Station Area Specific Plan, as established by the terms of the Amended and Restated Acquisition and Development Agreement, the County Zoning Administrator, and by such other information in the record before the Board. The Board hereby finds that the Negative Declaration prepared for the Amended and Restated Acquisition and Development Agreement is in compliance with CEQA since the amendments to the Agreement do not change the scope, use, density or any other physical aspect of development which could occur on the subject property. Section II. Approval The Board hereby approves, pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the State of California the Amended and Restated Acquisition and Development Agreement, between the County of Contra Costa, Agency and BART, relating to the property known as Areas 11 and 12 of the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board and is incorporated in this Ordinance for all purposes by this reference. The Director of Community Development is hereby authorized to execute said Agreement on behalf of the County and post a Notice of Determination pursuant to CEQA. The Deputy Director-Redevelopment is hereby authorized to execute said Agreement on behalf of the County Redevelopment Agency. Section III. Severability 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. 95-52 1 Section IV. Effective Date This ordinance shall become effective thirty(30) days after passage and, within fifteen (15) days of passage,the names of the Supervisors voting for and against it shall be published once in Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on October 24, 1995, by the following votes: AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: 1.— Wputy Gayle Bishop, Chairperson, Board of Supervisors Date: October 24 . 1995 95-52 OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS " CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 646.2371; FAX (510) 646.1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: TO: Arc) tj V � maklcat-41-0,j s FROM: 44,)� TOTAL PAGES INCLUDING THIS COVER: LA PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETE! MO 0 = o I zm DO m o =+ I O fJ(� 111 C I € Z() s' co 'o � = 0 0 ! C= 0 !rn c) v, I F �� n� m � ,(u , Z -u =3 CD =r � O W Z N 1.0 S CD CL CD 3 F U) m 9 Cl) ~ rnw o �� 2(c� n� }� I� n � cnD Q m 3 `D m m n Irt '� CD p a o Cr r-h _!� c n C o c o D � � ((D B N i� 1p1 C 7D0 mm m n m Q N. (D (+ P. r t7 111 In -� Z o rt Pi s l ro A) i1 -m I to O O M c m O rh N b' 'rt '•W r m w p 1 C> A n rt, W (D !N !� m m Z X N n r- O rn N. (y- N A) i0' In =t C7 7° m ! Z = 03 � � (D m (n c(D m =r F, � [ —i (A o D m ✓y K > Z y o f N m co '(C C uC (D � n z °° �p.M 0 O c a Z< o w I� rt 4 IO (minm m WwOM E)cn � I(D �'� O x m o nOc WN O �co e � Oozm <� (.)0 m cm g t- rt O i~ P. Rn O O (n" -a Zoo Z W (D �C !> �tv Z co C m O SL (D (D m . m Z w ro o o � fp � o t Q C m rt td G z In n ! D U iD ! j !H (CD C Cl) 1 c Cr . o , 0 !� # n (D 0 P' (D I X n n rtnrD DS D >O �C rt 1C) { I i i i I X G7 m r oo 1 O 70 u�i 0 0 In rt IE# f m -z i m ((D R t 3 W n= OC 71 D m m n D m om mn m o � O z O m Z1 D m (n Z D c m m � O --� O I C) 5-0z 0 r 44 m Z m z t-i z yc Q O �- D W 31 Z P ri D m O �0 ~p O m ro o m m o y io z x < m _�r E::1 tt, C t' Q, a� oI I of N 1 (D -< IA F • N OI r (v bo Cr C_ Cl) i � O (D n n O W � o 0.w no T t7 n I b7 x Z ou fJ m Ow rn i n O o C Cl' ( z� Co m K: N i m>_ � { o O u1Oi r .y tt z � m 1 !O # D Ul s ORDINANCE NO. 9 5-5 2 (Amended and Restated Acquisition and Development Agreement between Contra Costa County, County Redevelopment Agency and Bay Area Rapid Transit District regarding Areas 11 and 12 in the Pleasant M BART station Area) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Findines The Board hereby finds that the provisions of that certain Amended and Restated Acquisition and Development Agreement between the County of Contra Costa(County), County Redevelopment Agency(Agency)and the Bay Area Rapid Transit District(BART)relating to the property known as Areas 11 and 12 in the Pleasant Dill BART Station Area, a copy of which is on file with the Clerk of the Board, and which has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan and the Pleasant Ifill BART Station Area Specific Plan, as established by the terms of the Amended and Restated Acquisition and Development Agreement, the County Zoning Administrator, and by such other information in the record before the Board. The Board hereby finds that the Negative Declaration prepared for the Amended and Restated Acquisition and Development Agreement is in compliance with CEQA since the amendments to the Agreement do not change the scope, use, density or any other physical aspect of development which could occur on the subject property. Section II. Approval The Board hereby approves, pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the State of California the Amended and Restated Acquisition and Development Agreement, between the County of Contra Costa, Agency and BART, relating to the property known as Areas 11 and 12 of the Pleasant Ifill BART Station Area, a copy of which is on file with the Clerk of the Board and is incorporated in this Ordinance for all purposes by this reference. The Director of Community Development is hereby authorized to execute said Agreement on behalf of the County and post a Notice of Determination pursuant to CEQA. The Deputy Director-Redevelopment is hereby authorized to execute said Agreement on behalf of the County Redevelopment Agency. Section M. Severability 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. 95-52 Section IV. Effective Date This ordinance shall become effective thirty(30) days after passage and, within fifteen(15) days of passage,the names of the Supervisors voting for and against it shall be published once in Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on October 24, 1995, by the following votes: AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator B4Du4tyn nCerve 11 i Gayle Bishop, Chairperson, Board of Supervisors Date: October 2A . l 95-52 ORDINANCE N4. 9 5-5 2 (Amended and Restated Acquisition and Development Agreement between Contra Costa County, County Redevelopment Agency and Bay Area Rapid Transit District regarding Areas 11 and 12 in the Pleasant Hill BART station Area) The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Findings The Board hereby finds that the provisions of that certain Amended and Restated Acquisition and Development Agreement between the County of Contra Costa(County), County Redevelopment Agency(Agency) and the Bay Area Rapid Transit District(BART) relating to the property known as Areas I 1 and 12 in the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board, and which has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan and the Pleasant Hill BART Station Area Specific Plan, as established by the terms of the Amended and Restated Acquisition and Development Agreement, the County Zoning Administrator, and by such other information in the record before the Board. The Board hereby finds that the Negative Declaration prepared for the Amended and Restated Acquisition and Development Agreement is in compliance with CEQA since the amendments to the Agreement do not change the scope, use, density or any other physical aspect of development which could occur on the subject property. Section II. Approval The Board hereby approves, pursuant to the authorization provided in sections 55864 et seq. of the Government Code of the State of California the Amended and Restated Acquisition and Development Agreement, between the County of Contra Costa, Agency and BART, relating to the property known as Areas 11 and 12 of the Pleasant Hill BART Station Area, a copy of which is on file with the Clerk of the Board and is incorporated in this Ordinance for all purposes by this reference. The Director of Community Development is hereby authorized to execute said Agreement on behalf of the County and post a Notice of Determination pursuant to CEQA The Deputy Director-Redevelopment is hereby authorized to execute said Agreement on behalf of the County Redevelopment Agency. Section III. Severability 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.' 95-52 Section IV. Effective Date This ordinance shall become effective thirty(30) days after passage and, within fifteen (15) days of passage,the names of the Supervisors voting for and against it shall be published once in Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on October 24, 1995, by the following votes: AYES:. Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: Ti De uty Gayle Bishop, Chairperson, Board of Supervisors Date: October 24 1995 95-52 ..fes A O�,d1 �• � o -00 i N C W QC pp�? N L'i 05 G. W o ora !q V co \ tt w Q 44 p O 0 C6 O N � O � O tn�v , � O� N O a ani u � . NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : • Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date : October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad nistrator By OLO • Ann Cerve i, eputy Clerk • • J N F/ W 946 _ a o �J ( ' rx W co kb0 eco L - N d Qzo) - N �4 c� o 4 OW U N © lu kDwz aa) W da o � w � U OE-i O 0 O cid auz3 cn am 4i `fit J� cD p p Cs.._r=1 O M Ltl K=:uj 'Ly GC M O .= i-j t Pq N LJ 4-+ p4 to ` c_ O 4i u) O - O -H r QJ •� 4 Wit.' Fit U U) NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay .Area Rapid Transit District (BART) , applicant and L owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date : October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and CountyAd nistrator 0 By OAw -1 1 A. J Ann Cerve i, eputy Clerk i in A �p 13 •V Erie A�6mva 0LU p., snew r Ir :tea E3 ZOO Nokl."q��a� i ® 4z trz OOLUIL to cep ' N vat oa a a 10 _ Cl) Ln cr jr 01 7�40I� Luixzw Oro otr 'O IL -.` h a +� z = � a U, LLJ 8 > Q " now 4.J . W © iz g u�" a 4-J r C 6:r W „Qh � rp O R1 rl` r-4 0 ti a: o ,v o a Ln wd 0 'N �i {.J V Q w 4y (A (U 0•r q 14 r1 � l ucn ,q NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area. Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and CountyAd 'nistrator ByIA. 100, 0 Ann Cerve i, eputy Clerk California Environmental Quality Act NOTICE OF RECEIVED Completion of Environmental Impact Report OCT ? 6 1995 xxx Negative Declaration of Environmental Significa ARK BOARD OF SUPERVISORS CONTR6 COSTA CO. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street North Wing - 4th Floor- Martinez, California 94553-0095 Telephone: (510) B4B-4208 Contact Person _ARUNA RHAT Project Description and Location: SAN FRANCISCO RAY AREA RAPID TRANSIT DISTRICT (BART) (Applicant & Owner), County File #Development Agreement 201:ln 1985, the County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600,000 sq.ft. and 1,265,000 sq.ft. of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September 1995 and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. Subject property is approximately 18.8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive, in the Pleasant Hill BART Station Area of the County. (R-15) (ZA: L-14) (CT 3240) (Parcels #148-250-071 & 148-221-029) THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH. The Environmental Impact Report or Justification for Negative Declaration is available for review at the address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration Building 651 Pine Street Martinez, CA 94553-1229 Review Period for Environmental Impact Report or Negative Declarati thru C. AP 9 R 12/89 By Community Development Department Representative CONTRA COSTA COUNTY ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent: Bay Area Rapid Transit 2. Address and Phone Number of Proponents: P.O.Box 12688 Oakland, CA 3. Date Checklist Submitted: August 25, 1995. 4. Name of Proposal, if applicable: Development Agreement#201: Amendment 11. Environmental Impacts Quad Sheet Walnut Creek Parcel# 148-250-071 & 148-221-029 Date of site visit August 25. 1995 (Explanations of all significant, (S), answers are required on attached sheets.) *S *I 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ x b. Disruptions, displacements, compaction or overcovering of the soil? _ x C. Change in topography or ground surface relief features? x d. The destruction, covering or modification of any unique geologic or physical features? _ x e. Any increase in wind or water erosion of soils, either on or off the site? _ x f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any-bay, inlet or lake? _ x g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ x Project Description/Site Visit/Previous EIR USGS Quad Overlay System No. 2 & 3 * Please Note: "S" is for significant; "[" is for Insignificant S I 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ x b. The creation of objectionable odors? x C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? Project Description/Previous EIR/Site Visit _ x 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? _ x b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? x C. Alterations to the course or flow of flood waters? _ x d. Change in the amount of surface water in any water body? _ x F.E.M.A. Flood Map-Panel #060025-0295C Flood Zone C e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ x f. Alteration of the direction or rate of flow of ground waters? _ x g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ x h. Substantial reduction in the amount of water otherwise available for public water supplies? _ x L Exposure of people or property to water related hazards such as flooding or tidal waves? x Project Description/ Previous EIR/ Site Visit Environmental Checklist- Page 2 of 8 S I 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ x b. Reduction of the numbers of any unique, rare or endangered species of plants? _ x C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? x d. Reduction in acreage of any agricultural crop? _ x Project Description/ Site Visit/Previous EIR U.S.G.S. Quad#5 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ x b. Reduction of the numbers of any unique, rare or endangered species of animals? _ x c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ x d. Deterioration to existing fish or wildlife - habitat? x Project Description/Site Visit/Previous EIR U.S.G.S. Quad #5 6. Noise. Will the proposal result in: a. Increases in existing noise levels? _ x b. Exposure of people to severe noise levels? _ x Project Description/Site Visit/Previous EIR U.S.G.S. Quad # 16 7. Light and Glare. Will the proposal produce new light or glare? _ x 8. Land Use. Will the proposal result in a substantial alteration of the present or planned Environmental Checklist - Page 3 of 8 S I land use of an area? — x General Plan Land Use Designation Mixed Use Consistent with Specific Plan 9. Natural Resource. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ x 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ x b. Possible interference with an emergency response plan or an emergency evacuation plan? _ x Project Description/Site Visit/Previous EIR 11. Population. Will the proposal.alter the location, distribution, density, or growth rate of the human population of an area? _ x 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? x Project Description/Site Visit/ Previous EIR 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? x b. Effects on existing parking facilities, or demand for new parking? _ x C. Substantial impact upon existing transportation systems? _ x d. Alterations to present patterns of circulation or movement of people and/or goods? _ x e. Alterations to waterborne, rail or air traffic? x f. Increase in traffic hazards to motor Environmental Checklist - Page 4 of 8 S vehicles, bicyclists or pedestrians? _ x Project Description/Site Visit/ Previous EIR 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ x b. Police protection? _ x C. Schools? _ x d. Parks or other recreational facilities? _ x e. Maintenance of public facilities, including roads? x f. Other governmental services? _ x Project Description/Site Visit/ Previous EIR 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ x b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? _ x Project Description/Site Visit/ Previous EIR 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: _ x- 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ x b. Exposure of people to potential health hazards? x- 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ x Environmental Checklist- Page 5 of 8 S 19. Recreation. Will the proposal result in an -impact upon the quality or quantity of existing recreational opportunities? _ x Project Description/Site Visit/ Previous EIR 20. Cultural Resources. Will the proposal result in: a. Alteration of or the destruction of a prehistoric or historic archaeological site? _ x b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ x C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ x d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ x Project Description/Site Visit/Previous EIR 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ x b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ x C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ x Environmental Checklist - Page 6 of 8 S I d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X Project Description/Site Visit/Previous EIR III. Discussion of Environmental Evaluation IV. Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. �( 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. _ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. _ LA s- Date Signature Reviewed By: Environmental Checklist- Page 7 of 8 S I EXPLANATION: The amendments to the agreement do not change the scope, use, density or any other physical aspect of development which can occur on the subject property. Therefore, the amendments will not have any effect on the environment. The EIR prepared pursuant to CEQA , in connection with the consideration and adoption of the Pleasant Hill BART Station Area Specific Plan, identified and determined necessary mitigation measures which need to be undertaken to address the impact of increased land use in the Station Area as contemplated by the Specific Plan. A supplement to the EIR was prepared in connection with consideration of the amendment to the Specific Plan adopted on July 19, 1988 and the amendment of the Redevelopment Plan adopted by Ordinance No.88-58. The EIR and the EIR Supplement analyzed the impact of development of the subject property in the manner contemplated by the agreement. The previous EIR and the EIR Supplement determined those mitigation measures which would eliminate, or reduce to an acceptable level, the adverse environmental impacts of development of the Station Area pursuant to and in accordance with the Specific Plan, including the impacts of development of the subject property under review now. Certain of the mitigation measures have been carried out pursuant to the original agreement including in-lieu of dedication for roadway purposes, sewer relocation, payment of development fees, conveyance of easements, and construction of infrastructure. Other measures will be imposed and implemented as conditions to the issuance of permits. Since the EIR and the EIR Supplement anticipated and analyzed the environmental impact of development of the subject property as contemplated by the agreement and the amendments to the agreement do not change any aspects of the development of the subject property, staff has determined that there are no changes in the project which would require major revisions of the EIR and EIR Supplement due to new environmental effects or a substantial increase in the severity of previously identified environmental effects. In addition, staff has analyzed the circumstances under which the project would be undertaken and, based on that analysis, there is no new information of substantial importance (which was not and could not have been known with the exercise of reasonable diligenec at the time the EIR and EIR Supplement were certified) or change in circumstances of the project which indicates that there are significant environmental impacts not analyzed in the EIR and EIR Supplement or substantially more severe than shown in the EIR and EIR Supplement, that a mitigation measure previously found infeasible is now feasible and would substantially reduce a significant environmental effect or that there are new mitigation measures or alternatives to the project differing considerably from those analyzed in the EIR and EIR Supplement which would substantially reduce an environmental effect. Based on the above, staff has concluded that no supplemental or subsequent EIR is required in connection with consideration of the amendments of the agreement. Environmental Checklist- Page 8 of 8 to SpeakeForm Request 53 ( THREE (3) MINUTE LIMIT) A, P Complete this form and place it in the box near the speakers' nostrum before addressing the Board. Name: Orn> "PW Phone. A-( A -- l l�— Address: L 1 am speaking for myself or organization: 73 /-P.--r (name of organization) CH !�K ONE: _ 1 wish to speak on Agenda Item #— Date: ,j o z-+ 1q, My comments will be: general for against . 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: Rfquest to Spea4orm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: VOe3fEFAZT STEWA-rc-T Phone: (71 Address: l� � �Y �ti . city: � � ►�.� 1 am speaking for myself or organization Ty of Omw of orankation) CHECK ONE: _ I wish to speak on Agenda Item #� Date-.-j—0 -ad- My comments will be: general for against _ 1 wish to speak on the subject of X i do not wish to speak but leave these comments for the to consider: v o Z�mt2D TEf l a z3 3 Lr-- rrr--,e FgoM 61r>, m,4g&ou3 7-o BplD or .rS UPE�I/lSOK S 2E �A-�ZT 4C4• D�V�G, �E ltA.)7. W 45 t=AX'E.o 7-6 floe N64EM/ 945 s a • ri recycled paper `T Pr City of Pleasant Hill VIA FACSIMnE & U.S. MAIL October 23, 1995 Ms. Gayle Bishop, Chairperson and Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553-0095 Re: BART Development Agreement No. 201 Dear Chair Bishop and Board of Supervisors: This letter is written to highlight and expand upon the concerns raised in the letters submitted by the City of Pleasant Hill ("City") when this matter was before the Contra Costa Zoning Administrator. Therefore, this letter incorporates by reference the letter from Richard T. Bottarini, Community Development Director, dated September 14, 1995 and the letter from Mayor Bill Landis dated September 19, 1995. The City's primary concern relates to the level of environmental review undertaken with respect to the proposed development agreement. The County recently decided to undertake a traffic study to determine the traffic impacts of proposed development surrounding the Pleasant Hill BART Station in light of the County's determination to not proceed with the construction of a roadway along the Southern Pacific ("SP") Right-of-Way. The traffic study is needed because the SP Right-of-Way was a significant mitigation measure in the prior environmental analyses prepared regarding the BART area development. The traffic study must be completed before amendments to the County's Specific Plan and/or Redevelopment Plan can be implemented. Despite these intended actions, however, the County and Redevelopment Agency now intend to proceed with the adoption of an "Amended and Restated Acquisition and Development Agreement" that concludes that "[t]he parties agree that the County has examined . . . vehicular traffic conditions within the Station Area, and vehicular traffic conditions within the County." (Development Agreement, page 12.) The City is puzzled as to how this statement can be made when the traffic study has not yet been completed and a site specific plan for the traffic mitigations has not been prepared. Presumably, the results of the traffic study will have some bearing on the required mitigation measures needed to alleviate the adverse traffic impacts and on the ultimate density levels of development that should be permitted in the Pleasant Hill BART Station Area. This analysis should be completed now, before adoption of a negative declaration is contemplated This issue i 100 Gregory Lane - Pleasant Hill - California 94523-3323 - (510)671-5270 - FAX 256-8190 ,t Board of Supervisors October 23, 1995 Page 2 alone justifies the need for a new, subsequent or supplemental EIR before adoption of the proposed development agreement. Further environmental review should not be postponed until BART seeks permits or until a court orders further review as stated in the proposed development agreement (See Development Agreement page 13.) In addition, further study is needed since thorough environmental review of this project has not been done since the Supplemental EIR was prepared in 1988. Traffic within central county has substantially increased since that time. Certainly, the passage of time is sufficient grounds for requiring more thorough environmental review before proceeding with the proposed Project. The City is also concerned that the County's proposed action is inconsistent with the existing Specific Plan (as referenced in the proposed development.agreement) and the County's General Plan. Both the Specific Plan and the General-Plan include the construction of a roadway along the SP Right-of-Way while the traffic mitigations for this project do not include the SP Right-of-Way in light of the County's prior action in deleting it from consideration. This discrepancy is not acceptable. Finally,because the prior development agreement between the County and BART expired on September 11, 1995, the proposed development agreement should be considered a new agreement and a new project for purposes of compliance with the California Environmental Quality Act ("CEQA"). In light of the concerns stated in this letter, the City would hope that final action on Development Agreement No. 201 be postponed until these issues are adequately and thoroughly examined. Please submit this letter into the record regarding Development Agreement No. 201. Very truly yours, Debra S. Margolis City Attomey :DSM cc: Pleasant Hill City Council Joseph M. Tanner, Pleasant Hill City Manager Richard T. Bottarini, Pleasant Hill Community Development Director James Kennedy, Deputy Director, Contra Costa County Redevelopment Jeff Ordway, BART Real Estate Development Manager c� No . 24 ,95 8 :30 No .001 P .01 t BOARD car Sur'KI2VIS01RS CONTRA COSTA (-"%0 JN'T'Y FAX TRANSMITTAL COVER SIIEET DATE: TIM +: • GAYLE BISHOP SUPCIVi"t,DISTRICT 3 1N CItOW CANYON COURT 012U ., CAN 1WAON,CALIFORNu{NSWIW9 {IM)020-WoO PLEASE DELIVER THE FOLLOWING PACE (S) TO: NAME: k� h6ajZA W-,A M9:1s DEPARTMENT OR COMPANY• qr PM FAX NUh ER: FROM: SUB3ECT: -in. X am transmitting, Pages (including this covc& sheet)._ ou do not receive clear copies, please call me as soon as possible. COMME :**,_4,3? TEL No . Oct 24 ,95 8 :30 No .001 P .02 • DCT-23-1995 1753 CITY OF PLEASANT NILS. 510 671 5238 P.02 i; recycw Pow 9$ City of pleasant dill VIA PAM= & U.S. MAIL October 23t 1995 Ms. Gayle Bishop, Chairperson and Board of Suparvisars Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553-0095 Re: BART Development Agreement No. 201 Deer Chain Bishop &Ad Board of Supervisors: This letter Is written to highlight and expand upon the concerns raised in the letters submitted by the City of Pleasant Hill ("City") when this hatter was before the Contra Costa zoning Administrator. Theiec>rg, this letter incorporates by reference the letter from Richard T. Rottarid. Community Development Director, dated September 14, 1995 and the letter from Mayor Bill lAndis dated September 19, 1995. The City's primary concern relates to the levol of envimnmental review undauk.en with respect to the proposed development aVearnent. The County recently decided to undertake a traffic study to determine the traffic impacts of proposed development sumunding the Pleasant Hill BART Station in light of the County's demmination to W proceed with the construction of a roadway along the Southern Pacific ("SP") Right-of-Way. The traffic study is needed because the SP Right-of-Way was a significant mitigation measure In the prior environmental analyses prepared regarding the BART area development. The traft study must be completed before amendments to the County's Specific Platt m Wotr Redevelopment Plan oars be implemented. Despite these intended actions, however,the County and Redevelopment Agency now intend to proceed with the adoption of an "Amended and Restated Aoquisition and Development Agreemetat" that concludes that "[tlbe parties agree that the County has examined . . . vehicular traffic conditions within the Station Area, and vehicular traffic conditions within the C otmty." (Development Agreement,page 12.) The City is puzzled as to how this strtwment can be made Ow the traffic study has not yet been completed and a site tipecific plan for the traffic mitigations has not been prepared. Presmtsalnly, the results of the tr0 is study will have some bearing on the required n*igation ttseasum needed to alleviate the adverse traffic impacts and on the ultimate density levols of development that should be permitted in the Pleasant Hill BART Station Atka. This analysis should be consple~tesd now, before adoption of a negative declaration is cmemplatetd, This issue 100 Gregory lane • Phasant Nqi - Callfomlet 94523-3323 - (510)671-5270 - FAX 256 BIN TEL No . Oct 24 ,95 8 :30 No .001 P .03 -`''-j�" j r•"+ C 1 1 Y OF PLEASANT HILL 520 671 5238 P.03 , Board of Supervisors October 23, 1995 page 2 alone *dfies the need for a new, subsequent or supplemental EIR before Adaption of the proposed development agreement. Further environmental review should,hot be postponed until BART seeks permits or until a court orders further review as stated in the proposed development agreement (See Development Age+ =nt page 13.) In addition, fivther study is needed since thorough environmental review of this project has not been done since the Supplemental EIR was prepared in 1988. Traffic within central county has substantially inc rased since that time. Catainly, the, passage of time is sufficient grounds for requiring more thorough environmental review before proceeding with tate proposed project, 7te City is also concerned cerned that the County's proposed action is inconsistent with the existing Specific Plan (as referenced in the proposed development agreement) and rho County's General Plan, Both the Specific Pian and the General Plan include the construction of a roadway along the SP Right-of-Way while the ftMc mitigations for this project do cot include the SF Right-of-Way in light of the County's prior action in deleting it ftom consideration. This discrepancy is not acceptable. Finally,because the prior development agreement between the County and BARS'expired on September 11, 1995, the proposed developutnt agreement should be considend a new agreement and a(new project for purposes of oompiiance with the California Environmental Quality Act ("CF.QA"). In light of the Concerns stated in this letter, the City would hope that final action on Development Agreement No, 201 be postponed until these issues are adequately and thorougbly examined. Please submit this letter into the record regarding Development Agreement No. 201. very truly yours, Debra S. Margolis City Attorney :ASM cc: Pleasant Hill City Council Joseph M. Tanner, Pleasant Hill City Manager Richard T. Bottarini, Pleasant Hill Community Development Diroctor James Kennedy,Deputy Director, Contra Costa County Redevelopment Jeff Ordway,BART Real Estate Development Manager AMENDED AND RESTATED ACQUISITION AND DEVELOPMENT AGREEMENT by and between CONTRA COSTA COUNTY and CONTRA COSTA COUNTY REDEVELOPMENT AGENCY and SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 1 TABLE OF CONTENTS Page Section 1. Definitions and Exhibits. . . . . . . . . . . 5 Section 1.1 Definitions . . . . . . . . . . . . . . . 5 Section 1.2 Exhibits. . . . . . . . . . . . . . . . . 7 Section 2. Effective Date; Term. . . . . . . . . . . . . 7 Section 2.1 Effective Date. . . . . . . . . . . . . . 7 Section 2.2 Term . . . . . . . . . . . . . 8 Section 2.3 Recordation of Amendment or Cancellation. 8 Section 3. Conveyance of BART .Additional Property to County. . . . . . . . . . . . . . 8 Section 3.1 Property Identification. . . . . . . . . 8 Section 3.2 Conveyance Consideration. . . . . . . 8 Section 3.3 Conveyance. . . . . . . . . . . . . . . . 8 Section 4. Development of the BART Development Property. . . . . . . . . . . . . . . . . . . . . . . . 9 Section 4.1 Development Agreement. . . . . . . 9 Section 4.2 Zoning Conformance to Specific Plan. . . 9 Section 4.3 Approved Land Use Standards . . . . . . . 10 Section 4.4 Development in Excess of Approved Land Use Standards. . . . . . . . . . it Section 4.5 Permits to Implement Development. . . . . 11 Section 4.6 Future Design Review. . . . . . . . . . . li Section 4.7 CEQA Review. . . . . . . . . . . . 12 Section 4.8 Application of New Rules, Regulations or Policies . . . . . . . . . . . . 13 Section 4.9 In Lieu Dedication. . . . . . . . . . . . 14 Section 4.10 Building Codes. . . . . . . . . . . . 14 Section 4.11 Police Power and Taxing Power . . . . . . 15 Section 4.12 Other Governmental Permits . . . . . 15 Section 4.13 Agreements With Other Public Agencies . . 15 Section 4.14 Effect of Park Lease . . . . . . 16 Section 4.15 Transfer of Development Potential . . . . 16 Section 5. Periodic Review of Compliance . . . . . . . . 17 Section 5.1 Annual Review . . P . . . . . . . . 17 Section 5.2 BART's Submission . . . . . . . . . . 17 Section 5.3 Solicitation of Development Proposals 17 Section 5.4 Schedule for Development . . . . . . 18 Section 5.5 Finding of Compliance . . . . . . . . . . 19 Section 5.6 Finding of Noncompliance . . . .. 19 Section 5.7 Review by County Board of Supervisors 19 3200PQ.P50 09/26/95 -1- i 1' L 1 TABLE OF CONTENTS (continued) Paae Section 5.8 Miscellaneous Requirements in Connection with Annual Review . . . . . . . . . . . 20 Section 6. Agency Approvals . . . . . . . 20 Section 6.1 Redevelopment Agency Owner Participation Agreement . . . . . . . . . . . . . . 20 Section 6.2 Future Agency Review . . . . . . . . . . 21 Section 7. Development Fees and Development Fee Credits 21 Section 7.1 Development Fees . . . . . . . . . . 21 Section 7.2 Amount of Development Fee Credits . . . . 22 Section 7.3 Application of Credits . . . . . . . . . 22 Section 7.4 Documentation of Credit. . . . . . . . . 23 Section 7.5 Payment of BART's Development Fees by Agency. . . . . . . . . 23 Section 7.6 Development Fee Credit Attributable to the Thomas Property . . . . . . . . . . 23 Section 7.7 Continuation of Credits . . . . . . . . . 25 Section 8. Default and Remedies. . . . . . . . . . . . . 25 Section 8.1 Events of Default . . . . . . . . . . . . 25 Section 8.2 Remedies. . . . . . . . . . . . . . . . . 26 Section 8.3 Waiver. . . . . . . . . . . . . . . . . . 26 Section 8.4 Attorneys Fees. . . . . . . . . . . . . 26 Section 9. Miscellaneous Provisions. . . . . . . . . . . 27 Section 9.1 Notices. . . . . . . . . . . . . . . 27 Section 9.2 Permitted Delays. . . . . . . . . . . . . 27 Section 9.3 Supersedure by Subsequent Laws. . . . . . 27 Section 9.4 Actions by a Third Party. . . . . . . . . 28 Section 9.5 Defense And Indemnity. . . . . . . . . . 28 Section 9.6 Effect to Court Action. . . . . . . . . . 29 Section 9.7 Estoppel Certificate. . . . . . . . . . 29 Section 9.8 Transfers and Assignments. . . . . . . . 29 Section 9.9 Amendment of Agreement . . . . . . . 31 Section 9.10 Insubstantial Amendment Exemption . . 31 Section 9.11 Rights Run With the sand . . 31 Section 9.12 Time of Essence . . . . . . . 32 Section 9.13 Governing Law. . . . . . . . . 32 Section 9.14 Severability . . . . . . . 32 Section 9.15 BART Powers. . . . . . 32 Section 9..16 No Joint Venture, Beneficiaries . . . 32 Section 9.17 Interpretation of Agreement. 33 Section 9.18 Effect of Original Agreement. . .33 3200PQ.P50 09/26/95 -11- TABLE OF CONTENTS (continued) Page Section 9.19 Headings. . . . . . . . . . . . . . . . 33 EXHIBITA Map and Legal Description of the BART Additional Property Parcels R-81, R-82, and R-83} EXHIBIT B Map and Legal Description of BART Development Property EXHIBIT C Map of Project Area EXHIBIT D Documentation of Credit Form EXHIBIT E Map and Legal Description 3200PQ.P50 09/26195 - it l- .( r, RECORDING REQUESTED BY: Contra Costa County WHEN RECORDED RETURN TO: Contra Costa County 651 Pine Street North Wing, 5th Floor Martinez, CA 94553 Attention: Jim Kennedy AMENDED AND RESTATED ACQUISITION AND DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED ACQUISITION AND DEVELOPMENT AGREEMENT (the "Amended Agreement") is entered into as of the eleventh day of September, 1995, by and among CONTRA COSTA COUNTY, -a county of the State of California ("County") ; CONTRA COSTA .COUNTY REDEVELOPMENT AGENCY ("Agency") and SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT ("BART") , on the basis of the following facts, understandings and intentions of the parties: RECITALS A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with. the use thereof in these Recitals. B. On or about September 12, 1985 the County, Agency and . BART entered into the Original Agreement. C. Since the parties entered into the Original Agreement, many of the agreements of the Original Agreement have been performed, but, because of market conditions beyond the control of the parties, the development of the BART Development Property contemplated by the Original Agreement has not occurred on the schedule contemplated; as a result the parties desire to extend the term of some of their agreements as set forth in the Original Agreement and amend and restate their agreement so as to account for current conditions. D. County and Agency are interested in promoting more intensive development. in the vicinity of the Pleasant Hill BART Station (the '.'Station Area") , recognizing the special importance - .of the Station Area given the high level of regional accessibility provided by BART and Interstate 680, the Station 3200PQ.PSO 09/26/95 -1- i .. .. ,..,....,. .i:2i,.,.QQ. , ,,i.,.,.,., i A Area's central location in the County and the public and private investment in the surrounding areas. With such goals in mind, the County had adopted in 1975 an Area Plan for the Station Area which provided for a higher density of development; however the Station Area was not redeveloped in the manner contemplated by that Plan. E. The County, continuing to wish to encourage development of the Station Area that makes efficient use of land, utilities, transit facilities and other resources within and around the Station Area, commissioned a specific plan in 1981 to refine the plan for the area and set standards for office, retail and residential development in the Station Area and to identify public infrastructure improvements that would be necessary to support such development. On June 7, 1983, a specific plan for the Station Area was approved and adopted by the County Board of Supervisors in Resolution No. .83/805, and was amended thereafter by resolutions adopted on January 31, 1984, April 10, 1984, February 5, 1985, May 14, 1985, December 10, 1985, May 19, 1987, and July 19, 1988 (the "Specific Plan") . An environmental impact report (the "EIR") was also prepared pursuant to the California Environmental Quality. Act ("CEQA") in connection with the consideration and adoption of the Specific Plan to identify and determine necessary mitigation measures which needed to be undertaken to address the impact of increased land use in the Station Area as contemplated by the Specific Plan. A supplement to the EIR (the "EIR Supplement") was prepared in connection with consideration of the amendment to the Specific Plan adopted on July 19, 1988 and the amendment to the Redevelopment Plan adopted by Ordinance No. 88-58. Relevant elements of the Specific Plan include assembly of small parcels in the Station Area into sites for new development, installation of up-graded utilities, roadway construction and realignment, improved vehicular and pedestrian circulation and standards for private development within the Station Area. F. Having determined that the Station Area was blighted and that the impediments to desired development include the small size of the lots within the Station Area, the dilapidation of some of the existing improvements in the Station Area, the configuration of the lots in relationship to the street pattern and the lack of public infrastructure and improvements necessary to permit redevelopment, the County and Agency believed the Station Area would not be likely to be developed in the manner contemplated by the Specific Plan without the kinds of development assistance provided through the redevelopment process. 3200PQ.PSO 09/26/95 -2- G. In order to implement the Specific Plan, the Agency submitted, and the County Board of Supervisors adopted by Ordinance No. 84-30, on July 10, 1984, a Redevelopment Plan for the Pleasant Hill BART Station Area Redevelopment Project and amended that plan by Ordinance No. 88-58 adopted on July 19, 1988 (the "Redevelopment Plan") . The Redevelopment Plan covers approximately 150 acres of land within the County (the "Project Area") , largely coterminous with the Station Area. H. BART anticipates development of the BART Development Property (lying within both the Station Area and the Project Area) in conformance with the Specific Plan and the Redevelopment Plan. The development anticipated for the BART Development Property includes mixed-use phased development including associated commercial parking requiring major investment in public facilities and substantial initial investment in on- and off-site improvements in order to make such development feasible. Some of that investment has already been made pursuant to the terms of the Original Agreement whereby BART conveyed to the Agency property needed for infrastructure in the Station Area, conveyed property needed for parcel assemblage in the Station Area to the developers of the adjoining property, and the County conveyed to BART property needed for development of the BART Development Property. In addition, BART has constructed a public parking garage and the County constructed roads and other infrastructure needed to serve the Station Area and the BART Development Property. I. Pursuant to the Specific Plan, developers of property in the Station Area (and in the Project Area pursuant to the Redevelopment Plan) are required to pay development fees based upon the square footage of development allowed on their property. Assessment District 1983-1 was approved and formed by the County Board of Supervisors to collect a portion of the development fees in advance of. any actual private development in order to help finance and commence construction of certain of the planned public infrastructure improvements related to roads, circulation and drainage (the "Public Improvements") . BART was not required to, and did not, join the Assessment District, but under the Specific Plan, it would be required to pay development fees in lieu of such assessment for the Public Improvements in conjunction with and at the time of its,-development of the BART Development Property. However, the land transactions accomplished pursuant to the Original Agreement generated benefits and .income for the Agency and County for which BART has received and will continue to receive credit against payment of development fees otherwise payable in conjunction with development of the BART Development Property. 3200PQ.PSO 09/26/9S -3- J. It is the intent and desire of County, Agency and BART to set standards for development of the BART Development Property and to provide for payment of the development fees in a manner which will facilitate development of the BART Development Property. The County, the Agency and BART believe that the orderly development of the BART Development Property will provide many public benefits to the County and the residents of the County through the imposition of the foregoing under the terms and conditions of this Amended Agreement, including, without limitation, increased tax revenues resulting in fiscal benefits to the Agency and County, installation of on- and off-site public improvements, and development of employment-creating uses at a location already serviced by major regional transportation systems including BART. K. The County, the Agency, and BART have determined that a development agreement pursuant to the California Development Agreement Law (California Government Code Sections 65864 et secr. ) is an appropriate vehicle to provide for certain parameters of use, height, density and setback standards for development of the BART Development Property so as to allow BART to plan and implement development of that property in a rational manner and in a manner consistent with the Specific Plan and the Redevelopment Plan and with assurances that such parameters will not be altered during the course of that planning and implementation; and is an appropriate vehicle to assure the County and the Agency that the BART Development Property will be developed in a timely manner which will be consistent with the Specific Plan and the Redevelopment Plan. L. On July 16, 1985, after due review of the Original Agreement by the appropriate County agencies and departments, and consideration of all other evidence heard and submitted at a duly noticed public hearing, the Contra Costa County Planning Commission found and determined that the Original Agreement is consistent with the County's General Plan and the Specific Plan. Thereafter, on August 6, 1985, the County Board of Supervisors held a duly noticed public hearing on the Original Agreement, found the Original Agreement consistent with the County's General Plan and the Specific Plan, and introduced an ordinance in order to enact the Original Agreement as its legislative act. Thereafter, on August 13, 1985, the County Board of Supervisors adopted the ordinance (Ordinance No. 85-47) enacting this Original Agreement as its legislative act (the "Original Ordinance") . M. On - Sept. 25 , 1995, after due review of this Amended Agreement by the appropriate County agencies and departments and consideration of all other evidence heard and submitted at a duly . 3200PQ.P50 09/26/95 -4- - r noticed public hearing, the Contra Costa County Zoning Administrator determined that this Amended Agreement is consistent with the County's General Plan and the Specific Plan. Thereafter, on Oct. .24 , 1995, the County Board of Supervisors held a duly noticed public hearing on this Amended Agreement, found that no new, subsequent or supplemental environmental impact report was required in connection with approval of this Amended Agreement, found this Amended Agreement consistent with the County's General Plan and the Specific Plan and introduced an ordinance in order to enact this Amended Agreement as its legislative act. Thereafter, on Oct. 24 , 1995, the County Board of Supervisors adopted Ordinance No—. 95-52 (the "Amendment Ordinance") enacting this Amended Agreement as legislative act. NOW, THEREFORE, pursuant to the authority contained in the California Development Agreement Law and the California Community Redevelopment Law, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: Section 1. Definitions and Exhibits. Section 1.1 Definitions. The following definitions shall govern this Amended Agreement: . (a) "Amendment Date" shall mean September 11, 1995. (b) "Amendment Ordinance" shall have the meaning given in Recital M. (c) "Approved Land Use Standards" shall have the meaning given in Section 4.3. (d) "BART Additional Property" shall mean the property described as Parcels R-81, R-82 and R-83 in the attached Exhibit A which BART is to convey to the Agency pursuant to the terms of this Amended Agreement. (e) "BART Development Property" shall mean the property described in the attached Exhibit B which BART intends to develop or cause to be developed in accordance with the terms and conditions of this Amended Agreement. (f) "California Development Agreement Law" shall mean :the provisions of Government Code Sections 65864 et sea. relating to development agreements. 3200PQ.PSO 09/26/95 -5- t (g) "Credit" shall mean the amount of credit which BART is entitled to receive by virtue of having prepaid development fees otherwise due and payable in connection with and at the time of the development of the BART Development Property, and is entitled to use at the time of development of the BART Development Property, as calculated and adjusted from time to time pursuant to Section 7 below. ` (h) "Defaulting Party" shall have the meaning given in Section 8.1. (i) "Effective Date" shall mean September 12, 1985. (j) WEIR" shall have the meaning given in Recital E. (k) "EIR Supplemental" shall have the meaning given in Recital E. (1) "Event of Default" shall have the meaning given in Section 8.1. (m) "General Plan" shall mean the general plan adopted by the Board of Supervisors of the County of Contra Costa pursuant to the provisions of Government Code Sections 65350 - 65362. (n) "Law" shall mean the laws of the State of California, the Constitution of the united States, and any codes, statutes, regulations or executive mandates or any court decision, state or Federal thereunder. (o) "original Agreement" shall mean the Acquisition and Development Agreement dated September 12, 1985 by and among the County, Agency and BART. (p) "Original Ordinance" shall have the meaning given in Recital L. (q) "Project Area" shall mean the area governed by the Redevelopment Plan as shown on the map attached as Exhibit C. (r) "Redevelopment Plan" shall have the meaning given in Recital G. (s) "Specific Plan" shall have the meaning given in Recital E. 3200PQ.P50 09126/95 -6- (t) "Specific Plan Area" shall mean the geographic area within Contra Costa County covered by the Specific Plan, and is the same area as the Station Area. (u) "Station Area" shall have the meaning given in Recital D. (v) "Term" shall have the meaning given in Section 2.2 below. (w) "Thomas Property" shall mean the portion of the BART Development Property described in the attached Exhibit E. (x) "Transit Functions" shall mean use of the BART Development Property for purposes of construction, operation, administration, maintenance, repair or replacement of transit facilities, or functions related thereto. Section 1.2 Exhibits. The following Exhibits are attached to this Agreement and by this reference are incorporated herein and made a part hereof. Exhibit A Map and legal description of Parcels R-81, R- 82 and R-83 comprising the BART Additional Property. Exhibit B Map and legal description of the BART Development Property. Exhibit C Map showing the Pleasant Hill BART Station Redevelopment Project Area. Exhibit D Form of documentation for the Credit. Exhibit E Map and legal description of the Thomas Property. Section 2. Effective Date; Term. Section 2.1 Effective Date. This Amended Agreement shall be dated and the obligations of the parties under this Agreement shall be effective as of the Effective Date, the date which was thirty (30) days following the date the Original Ordinance was approved by the County Board of Supervisors as specified in the Recitals above. The .parties shall cause this Amended Agreement to be recorded in the Official Records of the County of Contra Costa, State of California 3200PQ_P50 09/26/95 -7- promptly following adoption of the Amendment Ordinance. The cost of recording this Agreement, if any, shall be borne equally by BART and the County. Section 2.2 Term. The Term of this Amended Agreement shall commence on the Effective Date and shall terminate twenty (20) years thereafter, unless sooner terminated or extended as provided in this Amended Agreement. Section 2.3 Recordation of Amendment or Cancellation. If the parties amend or cancel this Amended Agreement as herein provided, or as otherwise provided by the California Development Agreement Law, or this Amended Agreement is terminated pursuant to any provision hereof, then the parties shall cause an appropriate notice of such action to be promptly recorded in the Official Records of the County of Contra Costa describing the real property affected by such action. Section 3. Conveyance of BART Additional Property to County. Section 3.1 Property Identification. BART hereby agrees to grant, sell, transfer and convey to the County, and the County hereby agrees to accept from BART, upon and subject to the terms and conditions set forth herein, the BART Additional Property. Section 3.2 Conveyance Consideration. The parties agree that the BART Additional Property shall be conveyed to the County at no cost to the County. Section 3.3 Convevance. No later than December 15, 1995, BART shall convey to County fee simple title to the BART Additional Property by duly executed and acknowledged grant deed, subject only to such exceptions as the County may approve, in its reasonable discretion and exceptions that would be disclosed by an inspection or survey. The County shall approve any exception that does not materially interfere with the use of the BART Additional Property for public improvements or impose a material current or future financial obligation on -the County. The County shall record the grant deed promptly after receipt from BART. The County shall pay all transfer taxes and costs of recording the grant deed and shall be responsible for obtaining any subdivision approvals or waivers 3200PQ.PSO 09/26/95 -8- for, and prior to, conveyance of the BART Additional Property. BART delivered possession of the BART Additional Property to the County prior to the execution of the Amended Agreement. Section 4. Development of the BART Development Property. Section 4.1 Development Agreement. This Amended Agreement shall constitute a development agreement between County and BART pursuant to the California Development Agreement Law, with respect to any and all development of the BART Development Property primarily for purposes other than Transit Functions, by BART or by private developers leasing or purchasing all or any portion of the BART Development Property from BART. BART shall have the right to develop the BART Development Property, and County shall have the right to control development of the BART Development Property (to the extent it is used for purposes other than Transit Functions) , each in accordance with the provisions of this Amended Agreement. The parties acknowledge that BART cannot at this time predict when or the order in which the BART Development Property will be developed, but BART agrees to make good faith efforts to obtain development of the BART Development Property. Subject to its obligation to make good faith efforts to obtain development of the BART Development Property and its obligations under Sections 5.3 and 5.4 to seek developers for the BART Development Property and to impose a schedule upon developers to whom BART sells or leases the BART Development Property, BART shall have the right to develop the BART Development Property in phases in such order and at such times as BART deems appropriate within the exercise of its subjective business analysis of those factors determining, in BART's judgment, the appropriate course of development of the BART Development Property, so long as such development is planned as an integrated mixed-use development as contemplated by the Specific Plan, in effect on the Amendment Date, and the provisions of this Amended Agreement. Section 4.2 Zonina Conformance to Specific Plan. The County and BART acknowledge that pursuant to the County Board of Supervisors' Order dated April 10, 1984 and Contra Costa County Planning Commission Resolution 15x1984, the current zoning of the BART Development Property is a holding zone which does not yet reflect the allowable land uses, densities or heights set forth in the Specific Plan. in effect as of the Effective Date. Concurrent with the earlier of the County's approval of a preliminary development plan or of a final development plan for all or a portion of the BART Development Property pursuant to Chapter 84-66 of the County of Contra Costa Codes, or successor 3200PQ.P50 09/26/95 -9- provisions, the County agrees that it shall rezone the BART Development Property, or that portion of the BART Development Property for which a preliminary development plan or final development plan has been submitted, to P-1 planned unit district zoning (as such zoning is described in Chapter 84-66 of the County of Contra Costa Codes) , . or to zoning which has substantially the same requirements as the P-1 zoning in effect in Contra Costa County as of the Effective Date, in order that the zoning affecting the BART Development Property be brought into conformance with the Specific Plan. Section 4.3 Approved Land Use Standards. The standards with respect to the uses and height of development of the BART Development Property shall be those standards set forth in the Specific Plan and the Redevelopment Plan, each in effect as of the Amendment Date (except that any references in the Redevelopment Plan to "existing zoning" or "zoning" of the Project Area, shall be deemed to mean and refer to the land use standards set forth in the Specific Plan) , and the standard for density of development of the BART Development Property shall be as follows: (i) the maximum density of nonresidential development shall be 1,265,000 gross square feet of building; (ii) the minimum density of nonresidential development shall be 600,000 gross square feet of building; and (iii) in addition to any such nonresidential development, the standard for residential development of development area 11 of the Specific Plan area shall be as set forth in the Specific Plan, which residential development shall be in addition to the nonresidential development permitted in development area 11 Gall the forgoing standards for development are the "Approved Land Use Standards") . Notwithstanding the above minimum density standard, the County shall not disapprove an application for development of the BART Development Property which provides for less than 600,000 gross square feet of building if the project proposed in the application will not make subsequent development of the balance of the BART Development Property to a density of at least 600,000 gross square feet of building physically infeasible. For the purpose of this Amended Agreement, the term "gross square feet of building" shall be the gross square feet of floor area in a building measured from outside wall to outside wall of the building, including any balcony which is necessary to the function of the building, but excluding areas devoted: to the parking or unloading of vehicles. 320OPQ.PSO 09/26/95 -10- Section 4.4 Development in Excess of Approved Land Use Standards. The County and BART acknowledge that the maximum density set forth in Section 4.3 is less than that permitted for the BART Development Property under the Specific Plan. Therefore, County and BART agree that this. Amended Agreement and the Approved Land Use Standards shall not preclude application to the County for development of the BART Development Property to a density in excess of the maximum density set forth in Section 4.3. The County and BART further agree that if such application is made, the County shall have no obligation under this Agreement with respect to the approval or disapproval of any such application, the standards determining approval or disapproval of such application, or the conditions or requirements imposed as a condition of approval of such application. Section 4.5 Permits to Implement Development. Each phase of development of the BART Development Property for other than Transit Functions shall be carried out pursuant to an appropriate use permit, or other permit or approval required for development, construction or use of the BART Development Property, applied for under the County ordinances applicable at the time the application for permit or approval is made. Provided that the application for such use or other permit or approval is in compliance with the Approved Land Use Standards and otherwise complies with the then applicable County ordinances and application standards regarding the contents of applications, County shall accept such application and .process it in accordance with the procedures specified therefor in its ordinances. The County shall not deny any permit or approval for reasons related to the proposed use, density or height of the project described in any such application if the use, density and height of the project conforms with the Approved Land Use Standards, and the County shall not condition any such permit or approval so as to require a. change or alteration with respect to the standards for uses, density and height of development from the Approved Land Use Standards. Section 4. 6 Future Design Review. In order to implement the Approved Land Use Standards, BART shall follow the applicable design review procedures in effect under the County ordinances applicable at the time the application for permit or approval is made and the County's_ review of BART's applications shall be made based on the applicable policies embodied in the County General Plan, and Specific Plan and other policies relating to design review. 3200PQ.P50 09/26/95 -11- :�',....„..........,. ........ ............. ........... .. ...iii Section 4.7 CEOA Review. In its review and approval of the EIR and the EIR Supplement, the County undertook the required analysis of the environmental effects which would be caused by development of the Station Area (including the BART Development Property) pursuant to and in accordance with the designated land uses of the Specific Plan. In connection with approval of this Amended Agreement, the County undertook the analysis required to determine if a new, subsequent or supplemental environmental impact report was required (the "Additional EIR Analysis") . The parties agree that the County has examined the potential adverse impacts associated with drainage, sewer capacity, pedestrian circulation, landscaping and open space needs and vehicular traffic conditions within the Station Area, and vehicular traffic conditions within the County, and the effects of development of the BART Development Property in accordance with the Approved Land Use Standards and the Specific Plan. The parties further agree that in the EIR, the EIR Supplement, and Specific Plan, the County determined those mitigation measures which would eliminate, or reduce to an acceptable level, the adverse environmental impacts of development of the Station Area pursuant to and in accordance with the Specific Plan, including the impacts of development of the BART Development Property pursuant to and in accordance with the Approved Land Use Standards. Certain of those mitigation measures have been carried out pursuant to the Original Agreement including in lieu of dedication for roadway purposes, sewer relocation, payment of development fees, conveyance of easements, and construction of infrastructure. Other of those mitigation measures will be imposed and implemented as conditions to the issuance of permits and other approvals contemplated under this Amended Agreement in connection with development of the BART Development Property. Because of these mitigation measures and the fact that the EIR and EIR Supplement anticipated and analyzed the adverse environmental impact of development of the BART Development Property in accordance with the Approved Land Use Standards, the County has found that the EIR and EIR Supplement have considered the impact of development of the BART Development Property in accordance with the Approved Land Use Standards, and, based on the Additional EIR Analysis, that no subsequent or supplemental environmental impact reports are necessary or required under CEQA in order for the County to enter into or undertake the terms and conditions of this Amended Agreement, provided that the mitigation measures provided for are in the EIR and EIR Supplement are implemented and assured of fulfillment through the review and approval of BART's applications for permits and other approval of its planned development. As a result, the County 3200PQ.P50 09/26/95 -12- shall not require a new, subsequent or supplemental environmental impact report to be prepared in connection with any portion of the development of the BART Development Property for other than Transit Functions in accordance with the Approved Land Use Standards, unless, in the reasonable judgment of the County at the time an application for a permit or other approval is submitted, a new, subsequent or supplemental environmental impact report is legally required or a court or administrative agency orders the County to prepare additional reports under CEQA. Section 4.8 Application of New Rules, Regulations or Policies. The provisions of this Amended Agreement shall not prevent the County from applying new rules, regulations or policies to the development of the BART Development Property or from denying or conditioning permits or approvals on the basis of any such new rule, regulation or policy, provided that any such rule, regulation or policy does not conflict with the Approved Land Use Standards. For purposes of this Section 4.8, a rule, regulation or policy that is considered to conflict with the Approved Land Use Standards shall include (but not be limited to) those which have any of the following effects: (a) Limits or reduces the maximum density of development on the BART Development Property below the maximum allowed under the Approved Land Use Standards. (b) Limits public services to the BART Development Property to an extent that development of the BART Development Property in accordance with the Approved Land Use Standards cannot occur. (c) Except as set forth in Section 4.3 and in Sections. 5.3 and 5.4, limits or controls in any manner the timing or phasing of the construction or development of the BART Development Property through the imposition of quotas moratoria or similar devices. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' desire to avoid that result by acknowledging that, except as set forth in Sections 4.3, 5.3 and 5.4, development of the BART Development Property shall proceed in such order and at such rate and at such times as BART deems appropriate within the exercise of its business judgment. 320OPQ.PSO 09/26/9S -13- (d) Limits the processing or procuring of applications for or approvals for development of the BART Development Property. (e) Applies to the development of the BART Development Property a rule, regulation or policy that would not also be applicable to development of other substantially similar property in the Station Area, if application for development of that property were made at the time application was made for development of the BART Development Property. (f) Involves an application or interpretation of setback requirements which, when combined with height restrictions, have the effect of reducing the density of development on the BART Development. Property to a level below the maximum for nonresidential development set forth in Section 4.3; provided, however, that such setback requirements are not imposed for reasons related to fire safety. Section 4.9 In Lieu Dedication. County acknowledges that, pursuant to the Original Agreement and the Amended Agreement, BART has conveyed and will convey to the Agency without charge parcels needed for construction of the Public Improvements, that those parcels are necessary for the construction of public roads around the BART Development Property as part of the mitigation measures recommended by the EIR, and that those parcels would otherwise be required to be dedicated to the County as a condition of County approval of any future development of the BART Development Property for other than Transit Purposes. The parcels yet to be conveyed are limited to the BART Additional Property to be conveyed pursuant to this Amended Agreement. BART and County further acknowledge that those conveyances to the Agency shall satisfy the County's dedication requirements with respect to development of the BART Development Property up to the maximum density standards set forth in Section 4.3, and shall preclude the County from requiring other dedications of property as a condition of approval of development of the BART Development Property, except as such dedications may be made necessary by the specific design features of future development proposed on the BART Development Property. Section 4.10 Building Codes. Notwithstanding any other provision of this Amended Agreement (other than the last sentence of Section 4.5 above) , the County may from time to time apply then--current California Building Standards Code and other uniform construction codes to the development of the BART Development Property throughout the 3200PQ.PSO 09/26/95 -14- term of this Amended Agreement, provided that such uniform codes shall apply to the development of the BART Development Property only to the extent that the applicable code (and the applicable version or revision of the code) has been adopted by County and is in effect in the unincorporated area of the County on a County-wide basis or is in effect throughout a city to which the BART Development Property has been annexed. Section 4.11 Police Power and Taxing Power. Except as set forth in Section 7.1 below, nothing in this Amended Agreement shall be construed to (and nothing herein shall) limit any general County power (either exercised directly by the Board of Supervisors of the County or by Board-called election) to fix, establish, or levy a general or special tax or benefit assessment, so long as it is fixed, established, or levied on a County-wide (unincorporated area) or specific-area basis including the BART Development Property and development comparable to that contemplated on the BART Development Property. Except as set forth in Section 7.1 below, nothing in this Amended Agreement shall limit the authority or ability of the County to levy a tax and/or benefit assessment on less than a County-wide basis, so long as it is levied on a specific-area basis on the .BART Development Property and on development comparable to that contemplated on the BART Development Property. Section 4.12 Other Governmental Permits. BART shall apply in a timely manner for any approvals for development of the BART Development Property required by other agencies having jurisdiction over such development. County shall cooperate with BART relative to such approvals by other agencies, but County shall not be required by this Amended Agreement to join or become a party in any manner to litigation or any administrative proceeding involving such agencies. Section 4.13 Agreements With Other Public Agencies. Nothing in this Amended Agreement shall be construed either to limit County's discretion to determine when and if it will enter into any agreements with other public agencies concerning the subject matter and provisions of this Amended Agreement or to require that County take any legal action concerning such other public agencies and their provision of services and facilities. However, (i) the County shall cooperate in good faith with BART to obtain services and facilities from other public agencies necessary- for development of the BART Development Property in accordance with this Amended Agreement; and (ii) in the event that all or a part of the BART Development Property is to be 3200PQ.P50 09/26/95 -15- annexed to a city, the County shall cooperate in good faith with BART to negotiate County and BART agreements with the annexing city which will preserve the benefits of this Amended Agreement with respect to the applicable land use standards and regulations for the parties hereto, provided, however, that nothing in this Section 4.13 shall limit the discretion of the County to enter into or not enter into an annexation agreement with the annexing city pursuant to Revenue & Taxation Code Sections 99 et seq. or any similar or subsequent provision of law. Section 4. 14 Effect of Park Lease. The County and BART have entered into a lease dated as of September 7, 1994 (the "Park Lease") pursuant to which BART leases to the County a portion of the BART Development Property which the County uses for public park purposes. The parties agree the maximum density of development on the BART Development Property shall not be reduced because of the Park Lease or the use of a portion of the BART Development Property for public park purposes pursuant to the Park Lease. Section 4.15 Transfer of Development Potential. BART shall be permitted to transfer development potential associated with the BART Development Property to the extent any such transfer of development potential is permitted pursuant to the Specific Plan, and if BART so elects, also transfer the Credits toward development fees associated therewith. Transfer of the first 123,000 square feet of development potential associated with the BART Development Property shall not reduce the maximum density of nonresidential development on the BART Development Property as set forth in Section 4.3. Any transfer in excess of 123,000 square feet of development potential shall, for all purposes under this Agreement, reduce the maximum density of nonresidential development on the BART Development Property on the basis of a one square foot reduction in maximum density for each square foot of development potential transferred. If BART transfers less than 123,000 ,square feet of development potential, then BART may increase the density of nonresidential development of the BART Development Property to 1,265,000 gross square feet of building plus the difference between the amount of development potential transferred and 123,000 square feet, and the Approved Land Use Standards shall be increased accordingly. 320OPQ.PSO 09/26/95 -16- Section 5. Periodic Review of Compliance. Section 5. 1 Annual Review. County and BART shall annually review this Amended Agreement and all actions taken pursuant to the terms of this Amended Agreement with respect to the development of the BART Development Property to determine good faith compliance with this Amended Agreement. Such annual review shall be undertaken in accordance with the provisions of this Section 5. Section 5.2 BART's Submission. Not less than thirty (30) , nor more than sixty (60) , days prior to the first anniversary date of the Effective Date, and each anniversary date thereafter, BART shall submit to the Zoning Administrator of the County a letter setting forth BART's good faith compliance with the terms and conditions of this Agreement. Such letter shall be accompanied by such documents and other information as may be reasonably necessary and available to BART to enable the Zoning Administrator to undertake his or her annual review of BART's good faith compliance with the terms of this Agreement, and shall also state that such letter is submitted to County pursuant to the requirements of Section 65865.1 of the California Development Agreement Law. Section 5.3 Solicitation of Development Proposals. (a) On or before December 31, 1995, BART shall select a developer or development team with whom BART will negotiate exclusively for an agreement providing for the developer or development team to buy or lease and develop all or a substantial portion of the BART Development Property. (b) If, within one (1) year after selection of a developer or .development team pursuant to subsection (a) above or this subsection (b) , BART does not enter into an agreement with the selected developer or development team providing for the sale or lease and development of all ora substantial portion of the BART Development Property or such agreement together with other agreements then in force do not provide for the minimum amount of development on the BART Development Property specified in Section 4.3 above, then BART will again solicit proposals on the following schedule: (i) Solicitation of proposals to occur no later than eighteen (18) months after previous selection of a developer or development team or, if no developer is selected after 3200PQ.P50 09/26/95 -17- solicitation of proposals, eighteen (18) months after previous solicitation. (ii) Selection of developer or development team to be made within six (6) months after solicitation of proposals. (iii) Agreement for sale or lease and development to be entered into within one (1) year after selection of developer or development team. (c) If market conditions or other conditions outside of BART's control prevent conformance with the schedule set forth in subsections (a) and (b) above, BART shall notify the County that the schedule will not be met. The notification shall be in writing and shall detail the reasons the schedule will not be met. Such notification shall be provided no later than thirty (30) days following the date by which the action specified in subsection (a) or (b) above was to be taken. Within thirty (30) days following the sending of such notice, BART and the County shall meet in a good faith effort to agree to a new schedule. Section 5.4 Schedule for Development. If BART enters into any agreement for the development of any portion of the BART Development Property (a "BART/developer agreement") , BART shall obligate the developer to develop the portion of the BART Development Property to which the BART/developer agreement pertains on a reasonable schedule. A schedule shall be deemed reasonable if it is approved in writing by the Zoning Administrator of the County or if it obligates the developer to commence construction of improvements within three (3) years following the date of the BART/developer agreement, to complete construction of any improvements within two (2) years following commencement of construction of such improvements or such longer period of time as may be reasonably necessary given the magnitude and nature of the improvements, and, if such development is to be carried out in phases, to commence construction of any subsequent phase within three (3) years following completion of the previous phase of development. Once BART has entered into such a BART/developer agreement which obligates the developer to develop on a reasonable schedule, then such schedule shall thereafter be the standard by which compliance with this Section 5 shall be measured with respect to commencement and completion of construction on that portion of the BART Development Property to which the BART/developer agreement pertains. 3200PQ.PSO 09/26/9S -18- Section 5.5 Finding of Compliance. The Zoning Administrator shall review BART's submission to ascertain whether BART has complied in good faith with the terms of Sections 4, 5 and 6 of this Amended Agreement. Upon request of the Zoning Administrator, BART shall furnish such additional documents or information as may be reasonably required and available to BART to enable the Zoning Administrator to make and complete his or her review hereunder. The Zoning Administter's determination hereunder shall be made within sixty (60) days after the submission by BART of the required material hereunder. BART shall be permitted an opportunity to be heard orally or in writing before the Zoning Administrator regarding such performance and before the Zoning Administrator makes a determination or referral. If the Zoning Administrator finds good faith compliance by BART with the terms of this Amended Agreement, he or she shall issue a certificate of compliance, certifying BART's good faith compliance with the terms of this Amended Agreement through the period of the applicable annual review. Such certificate of compliance shall, if BARS so requests, be in recordable form and shall contain such information as -may be necessary in order to impart constructive record notice of the finding of good faith compliance hereunder. BART shall have the right to record the certificate of compliance in the Official Records of the County of Contra Costa. At least (10) days prior to making his or her determination hereunder, the Zoning Administrator shall provide to BART copies of all staff reports and other information not subject to legal privileges concerning BART's compliance and the determination proposed by the Zoning Administrator. Section 5.6 Finding of Noncompliance. If the Zoning Administrator, on the basis of substantial evidence, finds that BART has not complied in good faith with the terms of Sections 4, 5 or 6 of this Amended Agreement, he or she shall specify in writing to BART the respects in which BART has failed to comply. The Zoning Administrator shall also. specify in writing a reasonable time for BART to meet the terms of compliance, which time shall be not less than thirty (30) days, and any proposed modification or termination of this Amended Agreement because of BART's noncompliance. Section 5.7 Review by County Board of Supervisors. Before this Amended Agreement is modified or terminated on grounds of BART's noncompliance, the County Board of Supervisors shall hold a public hearing no earlier than thirty (30) days following the date of mailing of the written notice specified in 3200PQ.P50 09/26/95 _19- Section 5. 6 above. At such hearing, BART shall be entitled to submit evidence and address all the issues raised in the notice of noncompliance or otherwise. BART's evidence may be in writing or may be taken orally at the hearing before the County Board of Supervisors, or both. If, after receipt of any written response of BART, and after considering the evidence at such public hearing, the Board of Supervisors finds and determines on the basis of substantial evidence that BART has not complied in good faith with the terms and conditions of Sections 4, 5 or 6 of this Amended Agreement, then the Board of Supervisors shall specify to BART the respects in which BART has failed to comply, and shall also specify a reasonable time for BART to meet the terms of compliance, which time shall not be less than thirty (30) days. If the areas of noncompliance specified by the Board of Supervisors are not perfected within such time limits prescribed, then the Board of Supervisors may take action to terminate or modify the provision of this Amended Agreement after permitting BART a reasonable opportunity to present evidence (orally or in writing as determined by the County) as to whether or not the areas of noncompliance have been perfected. Section 5.8 Miscellaneous Requirements in Connection with Annual Review. The issuance of a certificate of compliance by the Zoning Administrator, or the direction of or the confirmation by the Board of Supervisors of the issuance of a certificate of compliance shall conclude the review of the applicable period, and such determination shall be final and conclusive up to and including the date of the annual review. The County may impose a fee or charge to reimburse it for the cost of undertaking the annual review provided such fee or charge is applied on a uniform basis to all such reviews. Section 6. Agency Approvals. Section 6.1 Redevelopment Agency Owner Participation Acrreement Agency and BART agree that this Amended Agreement shall constitute an owner participation agreement between the Agency and BART and that the development of the BART Development Property for purposes other than Transit Functions in conformance with the provisions of this Amended Agreement shall constitute conformance with the Redevelopment Plan. By execution of this Amended Agreement the. Agency waives any right it may have to acquire the BART Development Property or any portion thereof by exercise of the Agency's power of eminent domain. 3200PQ.P50 -20- 2 0 09/26/95 Section 6.2 Future Agency Review. Agency agrees that County permits and approvals of development of the BART Development Property shall constitute Agency approval of such development under the Redevelopment Plan and that no additional Agency approvals shall be necessary so long as such development conforms to the provisions of the Redevelopment Plan as of the date of this Agreement except that, as provided in Section 4.3, any references in the Redevelopment Plan to "existing zoning" or "zoning" of the Project Area shall be deemed to mean and refer to the land use standards set forth in the Specific Plan in effect as of the Amendment Date. BART may request in writing that the Agency certify in writing that a proposed development on the BART Development Property conforms to the Redevelopment Plan. The Agency shall respond to such a request within thirty (30) days of receipt of such a request, and if a response is not timely received, such conformity shall be deemed to exist. Notwithstanding the foregoing, in the event the County no longer has land use or zoning jurisdiction over all or a portion of the BART Development Property, then any proposal for development of the BART Development Property shall be submitted to the Agency for review and approval. In reviewing such submission the Agency shall be subject to the provisions of Section 4 and Section 5 of this Amended Agreement that would otherwise be applicable to the County. To the fullest extent possible under law, the approval of the Agency shall constitute complete approval of the proposal and no other local land use or zoning approvals shall be necessary. Section 7. Development Fees and Development Fee Credits. Section 7.1 Development Fees. The parties acknowledge and agree that to mitigate certain environmental impacts identified in the EIR and to achieve the goals and implement the policies of the Specific Plan, a Contra Costa Assessment District 1983-1 was formed to enable the County to raise funds to defray the cost of needed infrastructure related to the Public Improvements, that participants in this Assessment District are deemed to have prepaid development fees with respect to the Public Improvements, and that entities or persons not participating in the Assessment District would be required to pay development fees to cover their pro rata or benefit share of the Public Improvements when they proceed with actual development of their property within the Station Area. The parties further acknowledge and agree that BART did not . participate in the Assessment District, and that the development fee payable with respect to non-residential development of the BART Development Property shall be $3.24 for each gross square 3200PQ.P50 09/26/95 -21- foot of building and the development fee payable with respect to residential development of the BART Development Property shall be $2,080 for each residential unit. Such fee shall be subject to increases every twelve (12) month period beginning January 1, 1986 based on increases in the California Department of Transportation Summary-Highway Construction. Index; provided, however, that before BART shall be obligated to pay any such increased fee, BART shall be entitled to apply its Credits to offset development fees at the rates set forth in the preceding sentence until such time as the amount of the Credits is reduced to zero. Development fees shall be based upon the actual amount of development undertaken rather than the maximum amount that could be undertaken. Other than the annual increases specified above, the County shall not increase such fee with respect to development of the BART Development Property, - but may impose new fees for other improvements or services generated by the development of the BART Development Property not covered by the development fee if such new fees apply to comparable development. For the purposes of this Section 7.1, the purpose of the development fee is to defray the costs of the Public Improvements, the costs of preparing the Specific Plan, and the engineering and administrative costs associated with preparation of the Specific Plan and with construction of the Public Improvements in the Station Area. Section 7.2 Amount of Development Fee Credits. The parties agree that the amount of the Credit is $2,984,785.95 as of September 11, 1995. BART will not receive any additional Credit pursuant to this Amended Agreement. Section 7.3 Application of Credits. The Credit shall be applied to offset development fees otherwise due .and. payable in connection with the development of the BART Development Property, and shall be reduced as follows: (a) If development fees become due in connection with non- residential development of the BART Development Property, then on such due date the Credit shall be reduced by an amount calculated by multiplying $3.24 times the gross square feet of building approved in the development. (b) If development fees become due in connection with residential development of the BART Development Property, then on such due date the Credit shall be reduced by- an amount calculated by multiplying $2080 by the number of units approved in. the development. 3200PQ.PSO 09/26/95 -22- Section 7.4 Documentation of Credit. If there is a reduction in the Credit pursuant to any provision of this Amended Agreement, then promptly following the event giving rise to such reduction, the parties shall execute a document setting forth the amount of the reduction in the Credit, the event giving rise to the decrease, and the amount of the Credit remaining after the reduction. The parties shall document such changes to the Credit using the form attached hereto as Exhibit D. Section 7.5 Payment of BART's Development Fees by Agency. Until the Credit has been reduced to zero pursuant to the provisions of this Section 7, the Agency shall pay to the County, or make arrangements to pay to the County in the future, the development fees attributable to the development of the BART Development Property as such fees become due. If the payment of a portion of such development fees occurs at a time when the Credit is reduced to zero, the Agency's obligation under this Section 7.5 shall extend only to payment which causes the Credit to be reduced to zero. County agrees that if the Agency fails to pay the development fees it is obligated to pay for the account of BART pursuant to this Section 7.5, the County shall not require BART or its assignee or' transferee to pay such development fees or deny the issuance of any permit on the grounds that the Agency has failed to pay such fees, it being the understanding of the County and BART that the Credit and the conveyances and payment giving rise to the Credit represent a present prepayment of such development fees. Section 7.6 DevelopmentFeeCredit Attributable to the Thomas Property. (a) The parties understand and acknowledge that BART acquired a portion of the BART Development Property referred to herein as the Thomas Property subject to the assessments of * Assessment District 1983-1. BART shall receive credit against payment of development fees incurred in connection with development of any portion of the BART Development Property for residential or nonresidential use, in the amount of $313,200 attributable to the Thomas Property's assessment; provided, however, that the credit attributed to the Thomas Property shall not be utilized by BART pursuant to this Section 7.6 against payment of development fees incurred -in. connection with development of the BART Development Property until such time as the Credit calculated pursuant to Section 7.2 has been reduced to zero. 320OPQ.PSO 09/26/95 -23- (b) The $313,200 credit attributed to the Thomas Property shall be applied to offset development fees otherwise due and payable in connection with the development of the BART Development Property, and shall be reduced as follows: (i) If the development fees become due in connection with nonresidential development of the BART Development Property, then on such due date the amount of credit shall be reduced by an amount calculated by multiplying $3.10 times the gross square feet of building approved in the development. (ii) If the development fees become due in connection with residential development of the BART Development Property, then on such due date the amount of credit shall be reduced by an amount calculated by multiplying $1990 by the number of units approved in the development. If the credit or portion thereof is transferred as provided in subparagraph (c) below, the amount of the credit shall be reduced by the amount so transferred. The parties shall document the reduction in the amount of the credit provided for in this subsection (b) and subsection (c) below in substantially the same manner as reductions in the credit are documented pursuant to Section 7.4. (c) The County understands and acknowledges that BART acquired the Thomas Property subject to the right of BART's predecessor to require from BART a transfer of development potential associated with the Thomas Property (which transfer is permitted under the Specific Plan subject to certain conditions and approvals) , together with a pro rata share of the credit set forth in subsection (a) . County agrees that BART shall have the right to transfer development potential associated with the Thomas Property, together with a pro rata share of the credit which the amount of development potential transferred bears to the amount of development potential remaining on the Thomas Property after said transfer, to any area within the Specific Plan Area, if BART provides written assurances in recordable form acceptable to the County, from BART and the person or entity owning the property within the Specific Plan Area for whose benefit the development potential and agsociated credit are being transferred, as to the allocation of such credit between the BART Development Property and the property owned by such other person or entity. . The credit allowed to BART under this Section 7.6 shall be reduced by the amount of credit so transferred. BART expressly understands and agrees that regardless of any arrangement it might make with such transferee, the provisions of this Section 7.6 are not intended to and shall not be deemed to 320OPQ.PSO 09/26/95 -24- alter any rights or obligations with regard to Assessment District 1983-1 or the payment of assessments levied by that Assessment District which are a lien against the Thomas Property. Section 7.7 Continuation of Credits. In the event this Amended Agreement is invalidated by court judgment, the County shall nevertheless provide BART with the Credit as provided in this Section 7 until the date the term of this Amended Agreement would have ended absent the invalidation. In the event this Amended Agreement is terminated for any reason, the County shall nevertheless provide BART with the Credit as provided in this Section 7 so long as the Specific Plan provides for other owners of property in the Station Area to receive credits against payment of development fees for development in the Station Area by reason of contributions to Assessment District 83-1 or other assessment or special tax district formed to fund public improvements which benefit the Station Area. Section 8. Default and Remedies. Section 8.1 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 9.2 regarding permitted delays, any failure by any party (a "Defaulting Party") to perform any material term or provision of this Agreement for any reason whatsoever shall constitute an Event of Default, (i) if such Defaulting Party does not cure such failure within thirty (30) days following notice of default from the other party, where such failure is of a nature that it can be cured within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the Defaulting Party does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. Any notice of default given hereunder shall specify in detail the nature of the failure in performance which the noticing party claims constitutes the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Amended. Agreement. During the time periods herein specified for cure of a failure of performance, the Defaulting Party shall not be considered to be in default for purposes of termination of this Amended Agreement,, institution of legal proceedings with respect thereto, or issuance of any permit with respect to the development of the BART Development Property. This Section 8.1 shall not apply to an Event of Default which arises because of a failure to perform 320OPQ.PSO 09/26/95 -25- or default by BART with respect to provisions of Section 4, 5 or Section 6 of this Amended Agreement and instead the provisions of Section 5 .shall apply to BART's failure to perform or default with respect to provisions of Sections 4, 5 or 6. Section 8.2 Remedies. Upon the occurrence of any Event of Default, a nondefaulting party shall have the right, in addition to other rights and remedies available at law, in or pursuant to this Agreement, to bring any proceeding in the nature of specific performance, injunctive relief or mandamus. In addition, upon the occurrence of an Event of Default, the nondefaulting party or parties shall have the right to terminate this Agreement.. -- Notwithstanding any other provisions of this Amended Agreement, no party to this Amended Agreement shall be entitled to monetary damages by reason of another party's breach, default of failure to perform with respect to the provisions of this Amended Agreement. Section 8.3 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of their Amended Agreement by any other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's rights to demand strict compliance by such other party in the future. No waiver by a party of an Event of Default shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time, other than any Event of Default and/or period of time specified in such express waiver. One or more written waivers of an Event of Default under any provision of this Amended Agreement shall not be deemed to be a waiver of any subsequent Event of Default, and the performance of the same or any other term or provision contained in this Amended Agreement. Section 8.4 Attorneys Fees. If any party brings an action or proceeding (including, without limitation, any cross-complaint, counterclaim, or third- party claim) against any other party by reason of an Event of Default, or otherwise arising out of this Amended Agreement, the prevailing party in such action or proceeding shall not be entitled to recover attorneys fees from the losing party. 3200PQ.P50 09/26/95 -26- Section 9. Miscellaneous Provisions. Section 9. 1 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and hand delivered or mailed as registered or certified mail, postage prepaid, return receipt requested, or by Express Mail and addressed as follows: If to BART: BART 800 Madison Street P.O. Box 12688 Oakland, CA 94604-2688 Attn: Manager of Joint Development If to County Contra Costa County or Agency: Redevelopment Agency 651 Pine St. North Wing, Fifth Floor Martinez, CA 94553-1291 Attn: Deputy Executive Director or such other address as either party may from time to time specify in writing to the other. All notices shall be effective on the date of the receipt. Section 9.2 Permitted Delays. In addition to any specific provision of this Agreement, performance by any party of its obligations hereunder, shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing, or other lab'or disputes, shortage of materials or supplies, or damage to work in process by reason of fire, floods, earthquake, or other casualties, restrictions imposed or mandated by other governmental or quasi-governmental entities, enactment of conflicting Laws (including, without limitation, new or supplementary environmental regulations) , litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other parties of any delay hereunder as soon as possible after the same has been ascertained. The term of this Amended Agreement shall be extended by the period of any delay under this Section 9.2. Section 9.3 Supersedure by Subsequent Laws. If any Law made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this 320OPQ.PSO 09/26/95 -27- ij Agreement, then',the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of; and obligations under, this Amended Agreement. BART, the County or the Agency shall have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect, except that the term shall be extended by such challenge pursuant to Section 9.2. Section 9.4 Actions by a Third Party. Until settlement or final judgement, the parties shall cooperate in defending against any suit brought by a third party to challenge this Amended Agreement or any action taken pursuant to this Amended Agreement. In any such action, each party may employ its own attorneys at that party's sole cost. BART shall save and hold harmless County and Agency from and against any and all claims and awards for third party attorneys' fees associated with such suit, provided that BART's obligation shall be prorated as reasonably determined by the Agency and County, if the Agency and County will be indemnified for such fees by other parties. The parties agree that this Section 9.4 shall constitute a separate agreement entered into concurrently with this Amended Agreement, and that if any other provision of this Amended Agreement, or the Amended Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.4, which shall survive such invalidation, nullification, or setting aside. Section 9.5 DefenseAndIndemnity. (a) BART shall defend, hold harmless, and indemnify County, Agency and their respective elected and appointed officers, agents, employees, and representatives from claims, costs, and liabilities for any personal injury, death, or physical property damage (including inverse condemnation) that arises directly or indirectly as a result of the development of or construction on the BART Development Property or of operations performed under this Amended Agreement, in either case by BART, or its successors or assigns and their respective contractors, subcontractors,, agents or .employees, whether such operations were performed by BART, its successors or assigns or any of their contractors, subcontractors, or by any one or more persons directly or 320OPQ.PSO 09/26/95 -28- indirectly employed by, or acting as agent for BART, its successors or assigns or any of their contractors or subcontractors. (b) Nothing in this Section 9.5 shall be construed to mean that BART shall defend, indemnify, or hold County, Agency or their respective elected or appointed representatives, officers, agents or employees harmless from any claims, costs or liabilities for any personal injury, death, or property damage arising from, or alleged to arise from, the maintenance or repair by County of improvements that have been offered for dedication and accepted by county for maintenance. Section 9.6 Effect to Court Action. If any court action or proceeding is brought by any third person or entity to challenge this Amended Agreement, or any permit or approval required from the County or any other governmental entity for development or construction of the BART Developmental Property, or any portion thereof, for other than Transit Functions, and without regard to whether or not BART is a party in such action or proceeding, any such court action shall constitute a permitted delay under Section 9.2. Section 9.7 Estoppel Certificate. Any party may, at any time, and from time to time, deliver written notice to the other parties requesting such parties to certify in writing that, to the knowledge of the certifying party, (i) this Amended Agreement is in full force and effect and a binding obligation of the parties, (ii) this Amended Agreement has not been amended or modified either orally or in writing, and.1 if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its. obligations under this Amended Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt- thereof. The Community Development Director of the County shall have the right to execute any certificate requested by BART hereunder. County and Agency each acknowledges that a certificate hereunder may be relied upon by transferees and mQrtgagees. Section 9.8 Transfers and Assignments. (a) BART shall have the right to sell, assign or transfer this Amended Agreement, and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Amended Agreement; provided, however, in no 320OPQ.PSO 09/26/95 -29- A event shall the rights, duties and obligations conferred upon BART pursuant to this Amended Agreement be at any time so transferred or assigned except in connection with the grant of an ownership or leasehold interest in the BART Development Property, or any portion thereof. (b) BART shall include in any lease or sale agreement for development purposes affecting all or any portion of the BART Development Property an obligation for the transferee to comply with all County rules, regulations and policies regarding development of the BART Development Property and the provisions of this Agreement; provided, however, BART shall be in no way responsible to the County for enforcing such obligations on the part of the transferee. The transferee shall execute and deliver to County and Agency a written agreement in which the transferee expressly agrees to comply with the obligations of BART under this Amended Agreement with respect to the interest in the BART Development Property, or portion thereof, granted to such transferee. A provision substantially in the following form will satisfy the requirement of the foregoing: "Developer acknowledges that BART has entered into an Amended and Restated Acquisition and Development Agreement dated Sept. 11 , 1995 with the County of Contra Costa and the Contra Costa County Redevelopment Agency, which Agreement sets forth certain rights and obligations with respect to development of the BART Development Property that is the subject of that Agreement. Developer agrees that in its development of the portion of the BART Development Property in which it has acquired interest, it shall comply with the provisions of the Amended and Restated Acquisition and Development Agreement as such terms and conditions apply to development of the BART Development Property. " BART shall also give notice to County and Agency of any transfer containing therein the identity of the transferee, such transferee's address, the amount of the Credit which BART intends to allocate to such transferee for its development of the portion of the BART Development Property in which it has acquired an interest, and the maximum amount of non-residential development and maximum number of residential units ,permitted on the portion of the Property to be transferred. In no event shall the aggregate amount of development specified with respect to all such transfers exceed the maximum density permitted under the Approved Land Use Standards unless such excess is approved by the County as provided for in Section 4.4. If the actual completed construction which occurs on an assigned portion of the BART Development Property is less than was 'set forth in the notice of 32OOPQ.PSO 09/26/95 -30- transfer given to County and Agency pursuant to this Section 9.8, then the unused development potential may be allocated to another portion of the BART Development Property if the transferee of the portion of the BART Development Property with respect to which the development potential was unused agrees with the County in writing by documents reasonably acceptable to the County that it will make no claim under this Amended Agreement to use such unused development potential. This Section 9.8 shall not obligate BART for responsibility to the County for enforcing the obligations of this Agreement on the part of BART transferee. In addition, upon a transfer which complies with the provisions of this Section 9.8, BART shall be released from its obligations under this Amended Agreement with respect to that "portion of the BART Development Property so transferred. After a transfer which complies with the provisions of this Section 9.8, any default or failure with respect to the portion so transferred shall not affect any other portion of the BART Development Property. Section 9.9 Amendment of Agreement. This Amended Agreement may be amended from time to time in whole or in part by mutual consent of the parties or their successors:, in accordance with the applicable provisions of law relating to development agreements. Section 9.10 Insubstantial Amendment Exemption. Any amendment to this Amended Agreement that does substantially amend or change this Amended Agreement shall not require notice or public hearing before the parties may execute an amendment hereto (an "Insubstantial Amendment Exemption") . The Director of Community Development shall determine whether the Insubstantial Amendment Exemption applies, which determination may be appealed by any aggrieved person to the Board of Supervisors in accordance with the provisions of chapter 14-4 of the County Code. Any such appeal shall toll all applicable time periods until such time as the appeal is concluded. Section 9.11 Rights Run With the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding on the parties and their respective• heirs, successors (by merger,, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the BART Development Property, or any portion thereof or any interest therein, whether 3200PQ.PSO 09/26/95 -31- r by operation of law or in any manner whatsoever, and shall insure the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. Section 9.12 Time of Essence. Time is of the essence of this Amended Agreement. Section 9.13 Governing Law. This Amended Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 9.14 Severability. If any article, section, subsection or paragraph, sentence, clause, phrase or portion of this Amended Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Amended Agreement. The County Board of Supervisors and the Boards of the Agency and BART hereby declare that they would have adopted and agreed to this Agreement and each article, section, sub-section or paragraph, sentence, clause, phrase or sections, sub-sections, sentences, clauses, phrases or portions thereof irrespective of the fact that one or more of the same should be declared invalid or unconstitutional. Section 9. 15 BART Powers. BART shall have full power over and exclusive control of development of the BART Development Property herein; subject only to the limitations and obligations of BART under this Amended Agreement. Section 9.16 No Joint Venture, Beneficiaries. County and BART and Agency and BART hereby renounce the existence of any form of agency relationship, joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship. Except as to successors and assigns permitted under this Amended Agreement, this Amended Agreement is not intended to benefit any person or entity who is not a party hereto. 320OPQ.PSO 09/26/95 -32- Section 9. 17 Interpretation of Agreement. This Amended Agreement has been reviewed and revised by legal counsel for both County, the Agency, and BART, and no presumption or rule that ambiguities be construed against the drafting party shall apply to the interpretation or enforcement of this Amended Agreement. Section 9.18 Effect of Original Agreement. It is the intent of the parties that this Amended Agreement wholly replace the Original Agreement. The parties acknowledge that the provisions of the Original Agreement have been fully complied with in good faith and that the provisions of the Original Agreement that are not continued in this Amended Agreement have been deleted primarily because they have been fully performed or are no longer relevant. Section 9. 19 Headings. The underscored words appearing at the commencement of paragraphs of this Amended Agreement are included only as a guide to the contents hereof and are not to be considered as controlling, enlarging or restricting the language or meaning of those Articles of paragraphs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By: Its: 9 CONTRA COSTA COUNTY REDEVELOPMENT AGEN Y By: Its: D: c'f� 3200PQ.PSO 09/26/95 -33- I 1 CON COA C TY By: Its: 320OPQ.P50 -34- 09/26/95 •State of CALIFORNIA OPTIONAL SECTION mown CAPACITY CLAIMED BY SIGNER .County Of Alameda Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document. On Nov. 22 ,19 9 Ebefore me, HENRY A POY, Notar Public E]INDIVIDUAL DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOT RY PUBLIC' ❑CORPORATE OFFICER(S) personally appeared JEFFREY P. ORDWAY NAME(S)OF SIGNER(S) TITLE(S) ❑ PARTNER(S)personally known to me-OR -improved to me on the basis of satisfactory evidence ❑ ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their oTHER:Mana er Rea __ .HE A.POY ® -- ar ~OMM. #999950 O signature(s) on the instrument the person(s), Estate, BARTD 0 NOTARVPUBLIC-CAUFOItN1A N or 4Sha pon behalf of which the • COUNTVOFALAMEDA ef My Com.E1�ifesJuly 18.1997_ Pexecuted the instrument. SIGNER IS REPRESENTING: W Ind aI at seal. NAME OF PERSON(S)OR ENTITY(IES) Bay Area Rapid tlWJL7 Transit District SIG Tt1RE NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTAcquisition & Development Agreement THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 39 DATE OF DOCUMENT September 11, 1995 Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE @1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tlo 5199 State of OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County Of Though statute does not require the Notary to fill In the data below, doing so may prove Invaluable to persons relying on the document. On before me, []INDIVIDUAL DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC' ❑CORPORATE,OFFICER(S) personally appeared NAME(S)OF SIGNERS) TITLE(S) ❑ LIMITED personally known to me-OR-El to me on the basis of satisfactory evidence E)PARTNERS) ❑ to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -------------- State of California County of Contra Costa On 11/22/95 before me, **Linda Hoover, Notary** Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared **James Kennedy** Name(s)of Signer(s) Upersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(sj whose name(a)-is/axe-subscribed to the within instrument and acknowledged to me that he/sbeAhe"xecuted the same in his/bedtheir-authorized capacity(ies},and that by his/he#theirsignature(s}on the instrument the person(s), LINDA HOOVER or the entity upon behalf of which the person(s)-acted, COMM.* 9 z z= � ` Notary Pubfic—California > executed the instrument. CONTRA COSTA COUNTY MY Ccryr-n. piie,tv+,tin;d, 1997 WITNES my hand and official eal. U Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Amended & Restated Acquisition & Development Agreement/ Title or Type of Document: CCC, CCCRA, BART Document Date: 9/11/95 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: James Kennedy Signer's Name: ❑ Individual ❑ Individual XX Corporate Officer ❑ Corporate Officer Title(s): Duty Director - RedevelDERMt Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ _ ❑ Trustee _ ❑ Guardian or Conservator I`- ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Contra Costa County Redevelopmernt Agency ®1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On 11/22/95 before me, ^*Linda Hoover, Notary** Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared **Harvey E. Bragdon** Name(s)of Signer(s) impersonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persoro8 - whose name(&Hs/are subscribed to the within instrument and acknowledged to me that he%s�r ecuted the same in his_�eir-authorized capacity4ie4 and that by his/he#theifsjgnature(s}on the instrument the person(s , _ • LINDA HOOVER or the entity upon behalf of which the persorf(sjacted, COMM. 9gg0.3y executed the instrument. z 'r Not(Vy Ptbfic—Cafifornia 1. z '' CONTRA COSTA COUNTY ~" "ply Comm.Expires NAR T4,T947 WITNESS y hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Amended & Restated Acquisition & Development Agreement/ Title or Type of Document: CCC, CCCRA, BART Document Date: 9/11/95 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual E?cCorporate Officer ❑ Corporate Officer Title(s): DireCtY DevelOPTmt Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Contra Costa County 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 EXHIBIT A (Map and Legal Description of the BART Additional Property Parcels R-81, R-82, and R-83) 3200PQ.P50 09/26/95 -35- • S Rd. #4054F - Las Juntas Way B.A.R.T.D. to C.C.C. Redev. Agency Ptn. APNs 148-221-026, 014, 029, 017 EXHIBIT"A" Real property in an unincorporated area of Rancho Las Juntas, Contra Costa County, California, described as follows: Parcel R-81: (Fee Title) A portion of that parcel of land described in the deed to San Francisco Bay Area Rapid Transit District(hereinafter referred to as B.A.R.T.D.) recorded December 21, 1978 in Volume 9155 at page 71, Official Records of said County, more particularly described as follows: Beginning at the northwest comer of said B.A.R.T.D. parcel (9155 O.R. 71); thence from the Point of Beginning, along the boundary thereof, as follows: 1) easterly 41.27 feet along the arc of a curve, wave to the south, having a radius of 266.50 feet,to which Point of Beginning a radial bears north 09009'38"west, through a central angle of 08°5224", 2) north 8904246" east 148.93 feet, and 3) south 00°15'05"east 10.00 feet; thence leaving said boundary, south 89`42'46"west 111.21 feet; thence north 88'34'17"west 79.26 feet to the west line of said B.A.R.T.D. parcel (9155 O.R 71); thence along said west line, north 04054'55"east 4.46 feet, to the Point of Beginning. Containing an area of 1,765 square feet (0.041 acre) of land, more or less. Parcel R-82: (Fee Ttle) A portion of that parcel of land described in the deed to B.A.R.T.D. recorded October 3, 1984 in Volume 12002 at page 266, Official Records of said County, more particularly described as follows: Beginning at the northwest comer of said B.A.R.T.D. parcel (12002 O.R. 266); thence from the Point of Beginning, along the boundary thereof, north 89°42'46"east 248.58 feet and south 000 1724" east 14.55 feet;thence leaving said boundary, north 87°53'31"west 108.89 feet; thence south 89'42'46" west 139.79 feet to the west line of said BAR.T.D. parcel (12002 O.R. 266); thence along said west line, north 0001605"west 10.00 feet, to the Point of Beginning. Containing an area of 2,733 square feet(0.063 acre) of land, more or less. Parcel R-83: (Fee Title) A portion of Parcel"A" described in the deed to B.A.R.T.D. recorded November 8, 1965 in Volume 4989 at page 138, Official Records of said County, described as follows: Beginning at the northwest comer of said Parcel "A° (4989 O.R. 138); thence from the Point of Beginning, along the north line of said Parcel "K, north 89042'46"east 201.08 feet, to the northwest comer of Parcel B-34 described in the deed to Contra Costa County Redevelopment Agency recorded September 16, 1986 in Volume 13123 at page 371, Official Records of said County; thence along the west line of said Parcel B-34, south 5°13'11"west 19.93 feet, to the south comer of said 1 Parcel B-34 on the southeast line of said Parcel"A" (4989 O.R. 138); thence along said southeast line, south 57"52'11"west 19.11 feet, to a point, hereafter referred to as Point"A", on a non-tangent curve concave to the southwest having a radius of 60.00 feet to which a radial bears north 31 028'23" east; thence along the arc of said curve, northwesterly and westerly 30.75 feet, through a central angle of 29021'54 ; thence north 87053'31"west 153.99 feet to the west line of said Parcel "A" (4989 O.R. 138); thence along said west line, north 0*1T24"west 14.55 feet, to the Point of Beginning. Containing an area of 3,857 square feet(0.089 acre) of land, more or less. Parcel R83A: (Fee Title) A portion of that parcel of land described in the deed to B.A.R.T.D. recorded August 26, 1988 in Volume 14543 at page 686, Official Records of said County, more particularly described as follows: Beginning on the southeast line of Parcel "A" (4989 O.R. 138), at Point"A" described in Parcel R83 of this document;thence from the Point of Beginning, along said southeast line, north 5705711" east 15.86 feet, to the most westem comer of PARCEL B-33 described in the Quitclaim Deed to Contra Costa County Redevelopment Agency recorded September 16, 1986 in Volume 13123 at page 395, Official Records of said County, thence along the boundary of PARCEL B-33 as follows: 1) south 84°47'00"east 222 feet to a curve concave to the southwest having a radius of 20.00 feet, 2)along the arc of said curve, easterly, southeasterly, and southerly 35.66 feet, through a central angle of 1021108'46", and 3) south 17°21'46" west 20.06 feet, to a point of cusp with a non-tangent curve concave to the southwest having a radius of 60.00 feet to which a radial bears north 76110872" east; thence leaving the boundary of PARCEL B-33, northwesterly 46.77 feet, along the arc of said curve, through a central angle of 44939'59", to the Point of Beginning. Containing an area of 675 square feet(0.015 acre) of land, more or less. Subject to special assessments, if any, restrictions, reservations, easements, and other matters of record. Bearings are based on the Califomia Coordinate System Zone III (CCS27). These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature. p License and Surveyor '��E} Contra Costa County Public Works p � Z- !- Date: �p LH J1g 4Fcw��c 8:lclericallexhi1:Masjuntex 11116/95 2 >4 0 0** 61b� >4 o 1� > DNV-1 q89WOH -130 00 P4 0 ISO#$ cry 4.1 Of- co -,q E4 d. cn if 0 -N-1 W (11 SkVff %A to 10 0 0 *A 44 + co ty. 'I U)N SIP % L ca co Nc EXHIBIT B (Map and Legal Description of BART Development Property) 320OPQ.PSO 09/26/9S -36- 1 LEGAL DESCRIPTION BART OEVELOPflENT PROPERTY ALL THAT PORTIONS OF PARCELS O-CO60, O-CO60.1, O-CO70-55 THROUGH 0-CO70-57, 0-CO71 THROUGH 0-CO98, 0-C166, 0-C107, O-Ci C9, O-C112, 0-C227, AND O-C242 THROUGH 0-0244 AS SAID PARCELS ARE SHOWN ANID SO DESIGNATED ON TIIOS-'7 CERTAIN HAPS E;dTITLED "SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT RECORD MAP OF RIGHT-OF-WAY, CENTRAL CONTRA COSTA LINE" FILED FEBRUARY 10, 1976, IN THE OFFICE OF COUNT'_' RECORDER OF CONTRACOSTA COUNTY IN VOLUME: 3 OF BART MAPS AT PAGES I THROUGH 10 TOGETHE? WITH ALL THAT PORTION OF THAT CERTAIN PARCEL. OF LAND CONVEYED TO THE SAN FRANCISCO BAY- AREA RAPID TRANSIT.DISTRICT BY DEED RECORDED OCTOBER 3, 1984, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 12002 OF OFFICIAL RECORDS AT PAGE 266, BEING A PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS: COMMENCING AT A CONTRA COSTA COUNTY STREET MONUMENT MARKID:G THE INTERSECTION OF THE CENTERLINE OF TREAT BOULEVARD WITH THE CENTERLINE OF OAK ROAD AND RUNNING THENCE (THE BEARINGS OF THIS DESCRIPTIOI4 BEINIG REFERENCED TO THE CALIFORNIA COORDINATE SYSTEbI, ZONE III) NORTHERLY AT RIGHT ANGLES TO SAID CENTERLINE OF TREAT BOULEVARD NORTH 00' 04' 08" EAST 73.00 FEET; THENCE, EASTERLY ALONG A LINE NORTHERLY OF, PARALLEL TO, AND 73.00 FEET DISTANT MEASURED AT FIGHT AN ES FROM SAID CENTERLINE OF TREAT BOULEVARD SOUTH 89' 55' 52" EAST 742.59 FEET TO A POINT ON THE* EASTERN LINE OF PARCEL C97-8 AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON SAID BART MAPS AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE, FROM SAID .POINT OF BEGINNING, ALONG THE LAST NAMED LINE BEING PARALLEL TO SAID CENTERLINE OF TREAT BOULEVARD NORTH 89'' 55' 52" BEST 619.19 FEET; THENCE, NORTnl¢ESTERLY ALONG THE ARC OF A TANGENT 60.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 101 34' 21" AN ARC DISTANCE OF 106.37 FEET, THENCE, TAN:GEN:T TO THE LAST NA14ED CURVE NORTH 11' 38' 29" EAST 358.34 F= T; THENCE, `' NORTHERLY AND WESTERLY ALONG THE ARC OF A TAN;GE*NT 395.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF , 49' 40' 43" AN ARC DISTANCE OF 342.49 FEET; THENCE, TANG-. TO THE LAST NAMED CURVE NORTH 38' 02' 14" WEST 91.38 FEET; t THENCE, NORTHERLY ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE O 90' 00' 00" AN ARC DISTANCE OF 31.42 FEET; THENCE, RADIAL TO THE LAS= NAMED CURVE NORTH 38' 02' 14" WEST 80.00 FEET; THENCE, AT RIGHT ANGLES TO THE LAST NAMED COURSE NORTH 51' 57' 46" EAST 122.88 FEET: THENCE, EASTERLY ALONG THE ARC OF A TANGENT 200.00 FOOT RADIUS CURVE TO THE RIGHT THROCGH A CENTRAL ANGLE OF 38' 02' 14" AN ARC DISTANCE OF 132.78 FEET; THENCE, TANGENT TO THE LAST NAMED CURVE EAST 1.9.29 FEET; THENCE, AT RIG-T ANGLES TO THE LAST NAMED COURSE NZIRTY. 17.22 FEET TO A POINT ON THE WESTERN LINE OF THE ABOVE NAMED PARCEL 0-0244; TIiE;:CE, NORTHERLY ALONG SAID WESTERN LIME THE FOLLOWING THRZE (3) COURSES: 1) NORTH 30' 12' 37" WEST 38.28 FEET, 2) NORTH 79' 16' 31" EAST 21.19 FEET, AND 3) NORTH 04' 54' 55" EAST 129.44 FEET TO TF.E NORTHWEST CORNFR OF SAID PARCEL 0-C244; THENCE, ALONG THE NORTHERN LINE OF SAID PARCEL O-C2444 AND ALONG THE NORTHERN LINE OF THE ABOVE NAMED BART Pi:RC:EL (120J2 Q.R. 266) AMID ALO,:G THE NIORTHERNi LINE OF PARCEL C97-15 AS SAID PARC L IS SHO.•Iid AND SO DESIGN..=EO OI SAID P.t?n :4:.F= THE FOLLC•:':I::G :Y.i ZE t3) CCURSEC: 1) EA STE2LY ALONG THE ARC 0= A NOMI-'PAN:G=::: 2'06.50 FOOT ^•IMUS CURVE TO THE RIV:iT, TIf CENTER OF WHICH B--ARS SOUTI; 09° 09' 38" EAST, THROUGH A CENTRAL ANGLE OF 08 52' 24" AN. ARC DISTANCE OF :1.27 FEET, 21 TANGENT TO THE LAST ;:iJ .D C '»:' ":CRTH 89° '°'• 46"' EAST 628.43 FEET, AND 3) NORTH 57' 52' 21' EAST 64.53 'FEET:'.TO THE MOST NORTHERN a " a= CCRNT_'R OF S.1ID PARCEL C97-I5; TFE`ICE, SOU"'IfEP.'Y ALO,t:G THP EASTER` LINE OF SAID PARCEL C97-15 AUD ALONG NNE EASTERN LINES OF PIRCEIS C99-.1 A::- CS7-8 AS SATD PA2c,E'..S ARE SS'.C'••::: c; AND SO DESIGNATED ON SAID BART MAPS SOUTH C8" 4"' 37" :ES: j O' G , . C ^Al*:r.12fiE.n5 E T^ '7!!C n, _ S('UARE FEE O: L:_:ID m022 OR LESS. EXHi3?T 3 LAS JVNrAS WA y•• _ a • '} I Z W • I j I., rALA r ------- EXHIBIT EXHIBIT B BART DEVELOPMENT PROPERTY f; 1 EXHIBIT C (Map of Project Area) 320OPQ.PSO 09/26/95 -37- QCT --L/V U/ - CRErr � - • •T ACRE ...'�;7 Pleasant Hill Bart Redevelopment Area •• Zt A Z yl to 4. S oa ' ,e ,ee," 1 i I 'I-"..•'�'Lv.:rJ to. u SUB i 1 _ rur 0 e t� i I ..'t� "lw!,J \� >`� � 62J7 I.. ,N i i «] .nr:. ..li.. „ : : s a EXHIBIT C at 1 ,os11 1 14I t 1 •w I . 79 N z x., W7 I' I i ,N• TITWIa f\,°°, �,. ,wag n' "� is N pal T,a w• w ,.,r "� u, µ+f •`e° ,o-r °. � = ata 3 � ,. ,d, Is Q(•. a 7x s, 4q or N2 , f t f tt ix ,_' to la tt I lap J Tea LL MY- ur ,,. 3, i;i I LUD£LL OR rt Jnr ♦ Nr s A' North ,,, i K,° Y L x _Cig .,. • \ , ..,, > I 1 a t Y t '= 10 � 3 9 7 I"—T�* 11 ,•= z�� AI "" •. LJ a ; r SU8 1° ; Project Boundary 6115 i • .StlB x/ £ 0 ALES s xs a: 3 SU8. ° JU ' 2 S8sh rt 1 j x0 is • � a r t 1 ' a o< 7xa 'zz` za: Its rT t,y =>' •' • sx N Ix V L £ ,°. 1 I u � tt s: 2 ; �— ° r '• �. >`�c " ra s --• 1 q L t• • v, ; IS°r ° It � A b• t. 6345 tt 't• ~ �zz ON VA LEY• OR N Y ah i, .T 1 I .. °° PcOject '' LAS JU AY t''' D' • tf aen 13 #a 1 0 x e•< 110%AMM T ;1 0 • • �A t •f ro 1 It 2 A rr "i � . NN ti 4 •1 c -0 f t. Sl70i a• Nu w, ,K '•• #1 t m {'tom t2 c 31'Y6 a rK)a ♦Kr�• n.tr .er � , rl 1 � � :L °•e INr X PLEASANT HILL + • „' •�J N,r r STATION TREAT BLVD ° i (t f t o 4 t i r x• C ,we . Of fN. �(V' 'a a r • � � r�i O T teF 'Y x t r W rN O " � xx •xs.� / r O . Ny ..¢ ECkWO Z •� � � •;^1 61 is /� x= OR ` .°t I '9 / w ,I ri r NN rl1 Na�lMl �, xt N" � • ,Ne L<' !r it.r 0 K Na. .S(18 n.7i "' ••^"^n rnr q ' � is #a O � .0 , I I / 71 II1M��lIx Ix I7 t If < 21 fN, !° /95 V <q as u:arq,l tr / , o ,r. :R o ..,.»=„5 .•, .P. • .}A. i. �> � I• Irx Ir/M,t NN T Cr, '7 6v A +kitE r}+y..( _ � •\+Aroma, 1 r f •' % ,/.,lr.. •". • sof %% CALIF WATEF ,•ear /i i, +r. s __ e.w t a: a "''• , SEVEN HILL —J ` .° /i aN•r ' /SUBI rroe SY1B, r CANAL .r.x 10 w u SCHOOL SERVICE Ct ft J4 2-•} •/I, 7 NN =ryN 11 FIl7p �7% � l•Ka �� x rr • it LARKEY7• COST Ma cv r'T= 1 '! c EXHIBIT D (Documentation of Credit Form) 3200PQ.P50 09/26/95 —38— EXHIBIT D Documentation of Credit Documentation No. Date: Pursuant to the Acquisition and Development Agreement ("Agreement") dated , 1985 by and between the Contra Costa County("County"), Contra Costa Redevelopment Agency ("Agency"), and the San Francisco Bay Area Rapid Transit District ('BART"), and an Amended and Restated Acquisition and Development Agreement("Amended Agreement")dated , 1995, by and between the County, the Agency and BART, BART is to receive Credit (as defined in the Agreement)against payment of development fees otherwise payable in connection with development of the BART Development Property(as defined in the Agreement), and that Credit is to be reduced upon the occurrence of certain events specified in the Agreement. The purpose of this documentation is to set forth in writing an increase of decrease in the Credit. 1. Amount of Credit Prior to Execution of this Documentation No. 2. Increase (or Decrease) in Credit by Reason of Events Specified in this Documentation No. 3. Total Credit After Taking Into Account Events Specified in this Documentation No. (Add Lines 1 and 2 if Line 2 is an increase in the Credit; subtract Line 2 from Line 1 if Line 2 is a decrease in the Credit.) 4. Reasons for Increase(or Decrease) in Credit: Reasons for Increase Amount TOTAL: $ (Specify basis for Increase in Credit under Paragraphs 18.3 (a)-(c) or 18.4 (a)-(g) of the Agreement, and amount associated with each such basis.) EXHIBIT D -Page 1 of 2 Pages Reasons for Decrease Amount $ TOTAL: $ (Specify basis for Decrease in Credit under Paragraph 18.5 of the Agreement.) 5. If adjustment to the Credit is attributable to BART's grant of ownership or leasehold interest in the BART Development Property, or any portion thereof, together with an assignment of BART's obligations under the Agreement to such transferree, then the following shall indicate the amount of the Credit which BART is allocating to such transferee, and the amount of remaining Credit which BART has retained for itself.: Amount of Credit Retained by BART: $ Name of BART's Transferree: Amount of Credit Transferred to Such Transferree: $ CONTRA COSTA COUNTY By: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By: EXHIBIT D -Page 2 of 2 Pages f • �t r � EXHIBIT E (Map and Legal Description of Thomas Property) 3200PQ.PSO 09/26/9S -39- • THOMAS PROPERTY LEGAL DESCRIPTION Portion of the Rancho Las Juntas described as follows: Beginning at a 3/4 inch iron pipe at the intersection of the north line of the Sacramento Northern Railway right of way with the center line of the 40 feet in width strip of land described in the deed from Benjamin A. Brockhurst, et al,to Contra Costa County, dated December 4, 1918 and recorded December 20, 1918 in Book 333 of Deeds, at Page 11; thence from said Point of Beginning south 88° 05'west along the center line of said 40 feet in width strip, 511.85 feet; thence leaving said center line south V 55' east, at 20 feet a 3/4 inch iron pipe on the south line of said 40 feet in width strip, 315.16 feet to a 3/4 inch iron pipe on the north line of said Sacramento Northern Railway right of way distant thereon south 56° 2742" west 601.10 feet from the Point of Beginning; thence north 56° 27' 42" east along the north line of said right of way, 60 1.10 feet to the Point of Beginning. Excepting therefrom the following three interests: 1. The interest conveyed in the Deed from Benjamin A. Brockhurst, et al, to Contra Costa County dated December 4, 1918 and recorded December 20, 1918 in Book 333 of Deeds, at Page 11, over that portion of the premises lying within the 40 feet in width strip of land therein described (333 D 11). 2. Those parcels of land described in the Deed to the San Francisco Bay Area Rapid Transit District,recorded November 8, 1965, Book 4989,Page 138, Official Records, described as follows: Parcel "A" Beginning on the southerly line of that certain parcel of land described in the deed to the County of Contra Costa, recorded December 20, 1918 in Book 333 of Deeds, Page 11, Records of Contra Costa County, at the northwesterly.line of the 60 feet in width Sacramento Northern Railway right of way; thence from said Point of Beginning south 57° 52' 11" west along said northwesterly line, 272.00 feet; thence leaving said line north 0° 17' 24" west, 143.49 feet to a point on the aforesaid southerly line of the Contra Costa County parcel (333 D 11); thence north 89° 42'36" east along said southerly line, 231.07 feet to the Point of Beginning and containing an area of 16,581 square feet, more or less, and being a portion of the Rancho Las Juntas. -1- EXHIBIT E • a Parcel "B" Beginning on the northwesterly line of the 60 feet in width Sacramento Northern Railway right of way, distant thereon south 57° 52' 11" west, 48.58 feet from the most southerly corner of Parcel "A" shown above; thence from said Point of Beginning and continuing along said northwesterly line south 57° 52' 11" west, 244.02 feet; thence leaving said line north 0° 17' 24" west, 128.73 feet; thence north 89° 42' 36" east, 207.30 feet to the Point of Beginning and containing an area of 13,342 square feet, more or less, and being a portion of the Rancho Las Juntas. 3. That parcel of land described in the Deed to Contra Costa County, a political subdivision of the State of California, recorded May 4, 1971, Book 6373, Page 433, Official Records, Recorders Sers. No. 32236 and described as follows: A portion of that certain parcel of land described in the Deed from Benjamin A. Brockhurst, et ux, to Julius V. Young, et ux, recorded December 22, 1944, in Volume 810 of Official Records, at Page 78, in the Office of the County Recorder of Contra Costa County, being a portion of the Rancho Las Juntas, described as follows: Beginning at a point on the northerly line of the 60 feet in width strip of land described as Parcel 0- 0070-56 in the release and quitclaim deed from Sacramento Northern Railway to Bay Area Rapid Transit District, recorded December 15, 1964, in Book 4763 of Official Records, at Page 377, in the office of said County Recorder, at the southwesterly corner of the parcel of land described as Parcel "A"in the Deed from Julius V. Young, et ux,to Bay Area Rapid Transit District, recorded November 8, 1965, in Book 4989 of Official Records, at Page 138, in the office of said County Recorder; thence from said Point of Beginning, along said northerly line of said Bay Area Rapid Transit District Parcel (4763 OR 377) south 57° 52' 11" west (the bearing south 57° 52' 11" west being taken for the purpose of this description) 48.58 feet to the northerly line of the parcel of land described as Parcel "B" in said Bay Area Rapid Transit District Deed (4989 OR 138); thence along said northerly line south 89° 42' 36" west, 73.90 feet; thence leaving said northerly line north 62° 35' 19" east, 129.40 feet to the westerly line of said Bay Area Rapid Transit District Parcel "A" (4989 OR 138); thence along said westerly line south 0° 1724" east, 33.36 feet to the Point of Beginning. Containing an area of 0.066 acres, more or less. Together with any and all abutter's rights of access appurtenant to the grantor's remaining property in and to any roadway which may be constructed or designated on the parcel of land described hereinabove. -2- EXHIBIT E • ••Q� S3NOt' 1' 8�1 � O 1 � o a, qTqTqxa D l m 51 db1 d 01 1 d� AI a. Y 1 V m 1 1 1 dL ` AlV3dOad SVWOHl I i y . sri • � .. .. SY1N11C �� ♦N3.13 D 1 vuvnr 1 1 1 1 1 I 1 1 w �MI'J909 W, PROOF OF PUBL ATION (2015.5 C.C. ' .) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and pub- lished at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice,of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .................. ...................... ............................... all in the year of 191S I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this day of .... 00......, 19.1.$ .......... ........ ............. Signature Lesher Communications, Inc. Contra Costa Times RECEIVED P.O. Box 4147 Walnut Creek, CA 94596 (510) 935-2525 Proof of Publication of: OCT 1 6 19955' (attached is a copy of the legal advertisement that pub- lished) I NOTICE OF A CLERK BOARD! OF SUKRVISORS PUBLIC HEARING BEFORE CONTRA OITA CO. THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NTICE s here& Ivan DAY, Thlocation of he Subject thatOon TUESiT86ER lande is within thetunincorpo 24, 1995 AT 11:00 A.M. IN rated territory of the county ROOM 107 of the county Ad- of Contra costa,State of Cal- ministration Building, comer itomia, generally identified of Fine and Escobar Streets, below (a more precise de- Martinez, z lifornia,the Con- scription may be examined in ya faCLunty Board of the office o the Director of Supervisors will hold a public Community Development, r hearing to consider the fol- County Administration Build- lowing planning matters: ing,Martinez,California): Recommendation of the subject property is approxi- Contra Costa County Zoning mately i B.a acres in size and Administrator on a Develop- is the area located north of meat Agreement agication Treat Boulevard,east of Oak b San Francisco a Area )f Coggins Rapid Road and west c apid Transit District 4ART), Drive In the Pleasant Hill applicant and owner(County BART Station area. File #Development Agree- ment 201): in 1985, Contra if you challenge this matter Costa County, County Rede- in Court u may be limited to '.,.I�gyO ."l, velopment Agency and the those issues ii app icant entered into an Ac- y quisition and Development ou or someone else raised t thepublic hearing de- Agreement providing for de- scribed in this notice, or in velopment of between ap- written correspondence de- proximately 600,000 sq. ft, livered to the County at, Or and 1,265,000 sq.ft.of com- prior to, the public hearing. mercial and/or residential de- velopment on the subject Date-October 6,1995 property in accordance with the Specific Plan and the Re- PHIL BATCHELOR,Clerk development Plan for the of the Board of Supervisors Pleasant Hill BART Station Ar- and County Administrator ea,The applicant is now pro- By/st Ann Cervelli,' posing that A Deputy Clerk and to be amended an restated. The L I CCT 6579 primary purpose of the pro Le I h October 12, 1995 posed amendments to that Pugalis Agreement are to extend the term for an additional ten years from September,1995, and to eliminate provisions of the Agreement that are no ion%ermelevant or have been performed by the parties. P ^' ow a ul SlL �3 r +d r �¢0 2�4 d lu t3 v S rtCL Lta d a " m CC(3 ,r a OryI oz-1: m z �3 a. T 1st Acoa � cri O a t„ O ►n .n H N0 �V cJ .� � � � NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on, a Development Agreement application by San Francisco Bay Area Rapid Transit District (MART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad nistrator ByJAA I�E Ann Cerve i, eputy Clerk +rte O �a w Y1 w l 3M Wo O Q t� -10 Z �. gA� Y0'VO 5 `b�v G O amu". E 1� 300 qQ¢ tpN pig aN 10 � v cmc Q N 4 •s+ or N 0 � N co O d �. F O Cd a� tis 0 p} �� O N NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the . Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rand Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from -September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. ' The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6', 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad nistrator 0 By awo Ann Cerve i, beputy Clerk j U77 0 >1 �4 kit p a U 1 cr a 4J i1 M to ci CO U7 C7 H, kr S O ti Lo cd .":r opq . 0 r a 4-t Fr v 0 9 G� r-iw Ln ci3 u 0 �o I NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the ' Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and ' 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad 'nistrator o By Ann Cerve i, Deputy Clerk C �a tL J C?G' d SJ 9a4 iv a� / z KT <c �C U 'd' $4 m d' -4J N �4 }• _� v 0 � N Rf N O oV4 �+ Cl Cly G LA- C: i r•i j '0 N O ro n1 O +' t pq N O i; 4J ( 4i + N ( ocuG � p.•r♦ G � V N Cd a, 1 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from 'Septemb6r, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : ' Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Ad nistrator By J A-f�01 J o Ann Cerve i, eputy Clerk OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PLN'E STREET MARTINEZ, CALIFORNIA 94553 .Phone: (510) 646-2371; FAX (310) 64&1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: jt)/ ( Ct S� TO: 0,tc,:J-cZ-7k, M.65 a �� (1, C� Irc�- FROM: CA'0JO TOTAL PAGES INCLUDING THIS COVER: J 1-1, I 414 • r PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETE2 m CD rn CD t z C m n r o O —2 (n d,i"'_1_: co � "SIS o m 9C c t . 51) O �� m , zcn - C7 C7 O z m Ami umi �C �C: m n (D Z u _m " ' =Iboo z N Fo x rn rn �.� ZC Q cQ Z O O c N (D t-h D Qn 3 mo mm n CD 3i I �z z Oy � (D � � � c pi 0 U) 1.O 1:71t7l 0 n O (D bort t C > CCD I a 0 a w Q KD Z ` W m C 7(1 -m I' I fD rt d D ri m m n Z 0 rt Ai =OJ N• (D t l r L) m to xi SZ o 0 tt Fl. p i C �m < U, p O 0 T c m n rh (D ro r,m m w 0 C � j Ir+ �� C mm y Z XUn� =O ti B �'(D P) O to 0 m ; 2 N N cv CSC ((D � H m DZ y o ��y< m cn N w (D n m O C m rn Z n Cl) n I N rtF E art H �m m0 m I (aON I H m0 C)C: wV� D SL O (D O T7o OK �700zm < Vp<m m m n n IV z C) m� w0— m co I � (D �r (D z cn C j m 050O Z 3 E N 10 (D H m Z N I� rt e () C :v4ro n o (D 'z3 0 rt t� pi O 0 cr°n 0- JN. O m �:5 �- I3 z iI 0 rt ro in x to z � O y IsL rt( 5 Cr !(D D c� ]n O m R1 c (D - 0 y j (C ° (°, m z Iro z _j� jx F- ay rt 0 �` i(D C 00 I 0 C G N (D H 1 � ppj In H I I� cn t5 O CrO r~t cc iD Lt7i f J— n rt n '�• (D !� ! !� p (n I rt '0 O � '� o� Z D — D M m OO C ,� (D (D 1.rn i In prn !L 0d n X m m W rt ri rt n (n m I:d m z z rt 1(D o) rn O-u v v C7 D Im v� M m c H Z m m m 1):r m Fn C) --i�p O z 3 70 m l� m e nc O N r0 co z � I ' m a v Ox O C) i ! U) D I -u =O p A z rh ri 'til zJ 7C m x O m m C H �� O L� my x m mi Im Z{ N rt D v !� 1 F' 0o C) Aj #0 `m c (D 0 I, p o � W 0 to oID 0 Co � I O ti mV n y D oow (D 1 i cn I �� O° K� m # 1 O mO z CD QO � � m I NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Adn3,inistrator By o Ann Cerve i, eputy Clerk NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER r PLEASANT HILL BART STATION AREA NOTICE is hereby given that on Tuesday, October 24 , 1995 at 11 : 00 a.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Zoning Administrator on a Development Agreement application by San Francisco Bay Area Rapid Transit District (BART) , applicant and owner, (County File #Development Agreement 201) : In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600, 000 sq. ft . and 1, 265, 000 sq. ft . of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September, 1995, and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) : Subject property is approximately 18 . 8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date : October 6, 1995 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Aam' nistrator By if Ann Cerve li, eputy Clerk I"i,,,�,II_.l . '` . �. � .I I. �..:1..1 �;I�.�.I.. ..� ,.t;��I,I,:11-�.1.1.1,�i 1..iIi�.,'�.: � .. . 0.11 "I � �_ I . I . ... I ; I , -, .j ,�I�1 ,.1...1. I� . � � . 0 ' ' y i ;-, 1 4 ;,REQUEST TOS PLACE AN :ITEM!ON'THE'-BOARD ,OF"SUPERVI".S§ AGENDA '��' ' 4 L "` 'yfie, i4 (Doo xuse this form fior Planning He'arings)' i, I. tz;t . + r r •, 1 ' x,'P r ' Sr t , t I! t 7 ri, i rl '. r'. TO. = x' CLERK OF % s',t i , ,r THE.B OF SUPERVISORS' r, OARD I" r.= i .t , \,,. , A ! 1 .ni -4:::,,�tj5r x 4 .y,�ql . y 'tr„+`r} is}t , .I l :�I.FROM t -fit r ,r}- t r" i1 ,1, Ayv '.."t° { ,I .�. S4 �:x+h t+aK apt 1} - �' 1Community Development/Redevelopment Agency ! eSji + 4 ��� f' �r e Y �Fy �+�'�•,-: kr efwa�h. -32c t"r{ �+` '�'+�' AS'°i'! "" 4CT�.^e w`?' ,•r•'n "tC`�Y`a` wvswK ti.: d 'iT{.� '�'.., r r .",?,..t .t�k ' STAFF 'MEMBER TO CONTACT :FOR..ADDITIONAL' ''�INFORMATION: (Name'' & Telephone Number) r 1 iT�',� t '.$f�7(7 AJ t 1 N I -'eh T' k x p� " 'k YLt 5 A 1 i +. ._ .vh .viz..x iL ,.Ya...n}„rY„�'A�4 �`r`, .f -{ •.w t— a i vi nI. P, 1:1 rw: t t:' ,t t r* .Y' ,.k{ t11 11l iCl Mat ) -%�.V �F�V� x�'r �''i'ka ip tl ak�xd ybdi. pu, } 1 `..i ; ., 1 " ,, F - 7 REQUESTED BOARD AGENDA DATE: 10/24/95 k tN' �' , Y i r:, , IS THERE A CRITICAL DEADLINE FOR BOARD ACTION AND,".IF SO WHAT IS SIT. , . 1 NO , ¢. 4. l :,f 1 f+ 1;Y ES ? 7 q' {1 DEAD U NE 1. ,DATE: ,� ;� r -, r r r t ♦ 'a tr !; , d,'( a r Y 7 , ii_/{ V ij t� .{+ .r Sy v ,..,. > w.«l,r.• d 1. ii� t tt ,"I-.-L.,.' - THIS IS A'NOTICED HEARING• NO YES �``` �{ 1"r— rvv F :t l tt 1,�i�c� y,�� ^� yi t v d 0. r r r ..tk I rrE t ld+v iyp t �!d ^, 4 7 df-. a M 11 4 1 t"F:;j,Y* I"rr',�L j(n rr 1 Y f!'1 �} �l` {r SUGGESTED AGENDA LAN ;'Hearin :' f`;' ' ' r ', G tion {and , ''',_-'. to UAGE oii Amended `&'IResta ed>> cquisi ,• Development *,e e1. nt b tween County/Redevelopment Agency/BART�i,forAproperties �'1 " `. C..- .'.•. 1 } 4�1..:: t w .l,; �.51 4 1...nyT r�: '` located north `of Treat Blvd5� 7. , Feast of Oak Rd and°west of Co1.ggins Dr in the r -' fir'f 7'r'-.w y, `�itJi 4..'�r s ''r' x' th.r.. 1 t.r } .�)tG 1 3yr.r,.#.r r r:s ta° r..�-�r,•4Y yr•r'( 9,� i yY l 9-1-4, I i r , t +.{.� r+.k NY., } ,t i W.`s f §,fit)¢,a>J.71�.)' +, ,3 r Flt'r\' icl 'trw�• ^ I'd,i Pleasant I3i11'^ BART,Station i�,rea measuruig approxunately18 a$ acres 5 + '11 i 1 ,1 ( 1' Ir rkY ,i y z !^.ni al rr tai J r t 7 x, 3 -L'\,,. t'; 1 , rVtA l:rrl c +.,i�,,t ori�'�r t"It!1 'i , y ar t,..,r 't':'{r(y t}as {, r r 5 S :' I. I. L. 74 �,s 1 ..r fF1 Y�#> ,'t,r�lt,� t s tv .Jl C - l', -i r n �� r�' ( 14 t LC"k a .ch�4ii arJ tar y 21Y E 1. T r t i Y 1''s T%f''•,P.�Lr �t ' *`::`:y',�4 f'•ay„5 ,;'�''', t ,.� e-,. i b� .t 'i+' �`l� r °R 4`}+fpAs N- a•� • y' z.7v �.�a.r,,r <qR.J ,� 1�''.,JrlC it r t °'t 1 jl C#,' .. „h }f f s 7, r , 4 tit• t'&r#Ye�+ k• 2[fi s.;i i -. r , �� F' . .THIS . EMI BELONGS INtTHE�FOLLOWING CATEGORY Check.One :�� it , .} t i J a ,rpt., ! .i. •: ;,tr V 1, q;p a l¢.R:r 9r'�r, 2 1 Sa( s,i w A )siir ,' A 9}1124 , V `XX >:.1 ,tZ a J.. x,i'",Nri ,It�', :Ik r yYg1#,.. ii:.F :,�'1 711'r}I .,�s k 4 tr ,:.,(See attached, for furthers°d"firnfion of categories) : ,,r. i�5� ;�,w�,r,, 3 r , 4, , }r ! r tzi: J+ ��s, �2:.rc, ' 3 "} A '�of'r°M �'"7 'p d';'i1t1, [ 1 •.,r ifs,'+'�;Is'++'a�`� 'n N, Js .a {i ,sy;.q '. 1 t{ T t ' J / 'SSS', . ?b',. '' j,,ky) rc�tt��yr,�+ '•r i it!' �' .L� ;,.:i'��a4 J •�'J �!�.' " 4ZCN"h".`� i7>✓ii1r!yt'k5{tr*�•,�tf'' .c eM F !ti ',tri, i"+�,!�,� `Z= is ' : €� :'C..A {"r'-%H -..f �0`�a" ..'nS_1 ,'a ,,q t.,'.."��, tis }rTs3a...�';r ;Y Y!_, Iry7--'}-Jc't'f4 e # i r "-i:{f ai { „ CONSENT I�,NW"dscussion, nods ea{cers t°novo siUon ,;ani i�,°�1+;I�" j' ., l .Y., .1 _r k $1++ ,4 r,.vi k ,.,<. y' y2t.r .,y t r t :.L„rl�t r,. lrx etr r PIS r ,�'y.-�yNd .y _$'^ + a y�"i'7�y +, 1. 1 S yi { -r 1j .x� i i'.�C�r\'J� . 1`�rrh ,'� ,4 A '� 11 t I.'4'�tj / -i... A t .3 -I,"{{,t :"Y;`v yy i A �M , ? f 4 3 1 et 1 q 5 ',',J I 1 �y, I: it N'1 1,11 { ,ylit�,4,}.;���F'4� s1 ll,i1 J(u �E ..' 11�.8 iti: ' �. \!}F �t J ,} '}}•,,((1�?lC .A`Ss"M1,i3 1 .t;attsf tif�YS n h,i 1 ° ( .i`�.i 4�d. ''f 11. :, h 9: btt{...; .,.k a.d'i,%' i Cl } ! �'' R �..r4�"' �"+✓F%y±+�' l.tJ�y,< '.1aAl.(14.., v ,}u] tt;!f 1�t�f�,a.,;F �C"t rr j:n'!t}fi t.:,,l. vii- '.;i'.' ,i 4 , ��t +, ,df :. , ,,., PRESENTATION K Bnef� Less;;than::fryer i �.} ,i.,, ,r t;t�,„ ,14 `t r M, ; < I �r<A 0- 1�+. v,,>,}'t}�,rEM,. f t; m r>utes i iI9•G?,-�S" t �`x �'`. -r.-�.3$i I c ( :i�} ) 1 ,�,,,:.: :A ! S���',1,9 1 3 , 1"1?:g'7 `d1 >"h }V, {f 1 U d y4t i R �y,7f.�.i''1 v f�`-f..r ,r{: t �, j.,-.^iy y,'1d 'R ♦r, '_I 1 F 4:,.yd1', I ^4 "� i n i 1tid. itsr-'..41 y! 4 f I 'l n 3 1 ' - .;7n..t "!'k ' - t t111 .�f. ; + x 11:)7_,Z" a th ry.r t i y g t d"�hrJ j')i r r � :4 t:. - r .'~ rr„,,s , a :)F`fv+t 1^',r+l d k, tz r�F�. 4f {Yxµ.. !'.y PRESENTATION `Longer More than;fi�eFminutes i�`^ r �t �, r , , �r,� ` . j ' ” Y'�:,) :} 1 i,� 1�ti'ly�Y�!'A9r,i s 1f '� i7 .y M',JS i 1 7 P 1 l L t i": 4 ;fJ�, 1 i. t "f U`.. .{ �. r f ,4"- n_,-1 t�' k3i� d ti, �` �' �Y��L4 i t ''? 1 , i d' ' �t�.,,� !{l,t ! r. a l r`i L,t�,Tu IJ K: +{y +itf=t�iUii,i I'm 'h7 +x',-�, t t t 0.,p„�v..gyp i 1 Ji +; , t ;., 9 •m: .n"4f{�¢�:j r'1 S.,` a x I t;y 3 t �" f,t ,t tit { +{iEsmated�amount of 15 minutes � �, x ,' rig d;w'i µ ,t J i jr ,< - squired , bme r i i x,at. udn!}ir b �:� ,, F� r ; <, 1: ,ds"y �a E! 1, j it ; nY{tt,gtti 2" tit t,,s: ?'.. Jd3 a# i icy, 110 a s,::, 1 kiffi s��i aa5 .ia ° i1 i a i' r'r•. +,s.",, ,�S .( M!1,^. ':•,� , .{,,, u 4...j::N y,r y�114. v7t, +) r; y�del` , r.ryJ",r,7'`', a ^ ir:;i.Yi'-K a"�'�..r '�{a, n )r h ,. xt S S 4rT:.SI s 4,e. r t w } +x 1 1 f+k k (,, ?�'J�` G 7,Lt"I `\.� &j i x,m v Jun. Kermedy ord Denn1 Sy Barryrs„ �t alb; ° '1111`ks '� '.,-,"S"':2,1047 j , v. ,r.,13., jLtt.. {.r i.. ,.i^•rr ..f` 4.(Y. +q rf+.t S-7r �: „117 ',': 1 ' [5g71 11%kj .c�r r; J x 9 iq,. 49f ,t, 7$'c ;,'J �,,�rtrF}il ti .4 i'•5 r 'M�1J. fi'7 r Pt k �'- 1r 7.,i ,N11,}.x�;?t, Y 4'!1'f:t...f lr��;yl(�( t �',, F 7, "INIM, :e..l, A._ S s w ri:..,,cci ,r+ nt l, r t S l ,r n.it , ! 4N.� 4ia 1 f i f t� dt t J . .f.4 1 - ♦' � T i .n r i h s,a i 1} �j ° 1 k ,7i' "rf141 & a1r,r to N r "+ a .y Hrti u I r; 1 t^,r a"..... , � L kl 5I;•�jgl Frt � r �c x 9roa M Y mfi Yr h', f4,a; . '4r pa F.'�, r s"cYr�"(,'�q*Af����,,,�11 V ,a1� 1' 'r < (Name of^�person';ma(ung�presentabo11 ” .. I, I "'.-C ;�' r 9' 1 'lY�, ..y,.,�,p r! m k }, e y 'S NN � !, m, '�aa ` a. : s ae '. : Yu. t fjiggxt�PP :,.� rC 'µ#,� t3.i `E �. {S.�. j i� �N+i::7 j '�k K."'� ,z i tt "p�'"s,.5vk % .. 'Al _..,Yt � f r w� �; t '� ►�*„ t SHORT DISCUSSION�Less'�than;fire . a,ip r 7i,P 45 k. M JY 7 ,[•p N t n5, EI 4,''t F r.,,f r k t )•;c t �kt, .. 1..^tlr,it n,<a'>�4 ).r.,F� 1� .. td �.'"'�, f' A},} r,7" +. ;. i�,". ''lf t..,... n t ', •�...r ,�,. y rt } i - rw d ,aiK �t t ,t,}' 1, { t fast. tP, I . �i ,J17 0.� .e1 J +d _S r{ Cp` 3Z4 ft, s� r c " r•t'�G k n 11 'ti o r f. fir a r gg ' '1` ri} ; {rd:§ ' fi � de r' �iy jk ^.��,y�� �,, �y4 a 5 drt" 'y'1 V i,+7,ti i "tf' 41r n k � 'j S;t t t .nt F b)P /:• (7 1 M ,.,���w 3 3r , '';11l� >°� :�r t�„' , p DE hIBERAT ON• Lon r "g, z.,5 . h �. , Longer than fire�minutles , 4h� S;yr / 1", �T •7>'' {Y ,4 ks,,''t1°Is4}'Mmil I `f J is y` ,�l P.r t h i A; ,1 ��5t ylJjs�"d�k 17(1 4 f u): r'� t • 'r'.":i �Ry ^^. ( f,t�H �l,�y 1� lta�'i `i 3 hl�idfUFJ,�+y ', ,' g�q, Y r�. � 11 i .i }rnL 11}'f't d+t �f �¢ y>, '• •,�qS"k Yt . k'iz•',-.:�. t 1d 4T.r ?k�t 1.PJ-r' n.}•6�t iGytYf tA0. 'h Ail k3. '! I .1<'�`� 1 y�`Yjl, NV p , 1 u ria )a 9 !. ,�. ,Y. 7� r �, �r A � �� ' ` y� s t �� aJ �Estimatea amount hof>time�r uired`w . 111,.,�101`..�,4 Mv�rf+} 1,Y.�{F. 7&h! tut!�,,y'ilk';{�'�l ? fr 1+' d r. .,J� y •'1 q e� w sF a t i�(L 4. ,'�t:.: •�,rn,i I 1 ;. 1;J 1n,(,.r '.! Yy its�.i�r ir�1 r �i,1 t. .. ea ,n. t„ �' JAIP rl !. �a - ! rfti ' ,y;0. f ,b, J i t t.£:.�, ,. ',cr ' .1, 't� ^. a frfi+.. '� M 1 h :�,''i`t 71'.1 ra y.r y:)'ri'. t. ,l•; t�K.rl tt :i } 41 T ,1 1.. i .(i t l ni••:CG} ,.,ti 3Y 71 t ', 'h.' .L !f ,I:.iA�1 JM'rl .- ,'Is .r�;i3' 'Y J, °r r ar 84' ..1 r,/t y<.il�'tk'�- ..f µ r i L �Y« i �,()cr}! RY , a, i x Gu, aa7 ::ta tdl; s uty�, a`,; i#! 5.. rt�17'1.' r � xi4. f.: v ,,j�i4i t - ..4 -t '` va: -4'ib'�. .,.!'.. i:t" �'i'�U 7;.1Y� '3'{"1.. ,nY``'.f)-^'af•':rY`,JY ,7 YI,,. Sf}} xt {,rthffY•t 1 s a`s.r S. St J 1, "'F,- 1 „� t t,l:.,:,, yr �:'I. ,. �,t}.,r ^,,{4 `6 et a.,;':,, f",,.}{ `�a Pu F° °w3,9`'�3`S'; •,5,3 s. •.t. ,>`''d4c:S`. ,,r, 1_1 �. •J1,r a4, 3F� dada, .al kA�^ ...t ty`. 99 a "r51;*P'M� ��'1 .. 1Y ;•r.. ��.:.�' '•-d, .(;�.'C;X ':��; [ „J',.,i �'.1'.: 11 :q 'ri Ij k r.; ..il. t ,•,,,.. f.r.,?"'y.,. r u _ .' r1F.t p�it r x,s fd+, iw�.. T,G 1 , ( ( i,'1PWA'W trf!1r ',,� y r t-t .`, , Y i•: J ;.'jf f�C1 S\ .� `.x S $ T,irl r�4 \-t� �.�{ 4}�� i.} 4'.. rl t! .f ".•1, .''y')!•. i.:1f 1 rt tart.. t14: +t x a.; •yf r i,rj. , k ,eJ. dna` ':frGr1 -.Y�'�t' �Ilhtrc'2brr�. t 1 ';.v t -1S i s :, ��,° ,nS. a i't�.. fq,:tj4 a0..4f 7 ta' § 4 >F ..t M t i A i 14 1} I i�`i Y' �1 vsL%r r 1 I t tf 1 t��s� '4' , l }11 I G,1M r, r Kl -I H t n " . r;i' r I�1�' - <. ' ,i :•d ...a JAI St k11 ,?� ...,,�i. r. ,'L ;�,d Y/J J, i r We expect the following (check all that are applicable) h`' ., �' " Fhf to ¢ 4 i- > ,.' a't No De artment �= resentation no�` rs 'an o ; r p >p outside }speake d �� �; .„.,` ,t... ::,, a _.t ..-.. '” a .:;`xr r }Y`4 `Y it j D"^ �t+4 e, '�t�,4x controversy on-the part o Board members $� w �� . w ''j y�I, r+s v, '♦•i a � '+ a a fJ t ird;� N t, ss ; tb v - r^ , °Sir v a i ra 1 7 i s'SP-fk' ,rr S Y- t t 4 t fv t a�` r ',,.a.. t L-kh Y fk A brief (less Athan five minutes)".presentation by & oard member to; , r' f �{ r a. ,,, rct a tv E 3t `'dY, �'a,4 u,�,d 71h j4t �' 1 ,Y a;wJ, an individual or organization t$ + � Y' r,v� y ax j i?t� t r.. �p1' s'r tri rovM � 'Ti1, a #f¢,��m c i't '1 A bnef,r(less/� thanQ five minutes) , presentartion Eby r an f�outside zt ,�,. j da ice:« t�t� : 3 CXFP:� ko WI�LQYon tV'the iL/o�d irr7 t� `�fd A fS"(!g :.r ti � {�r }fid iF fit; }., ro iS 7�F pia rY ji 5 ` .. >x,, :a rte- :ti "�{ 4s t'tFs_ 7 fm7` ��`"c -'.i,Y `t� n y} a 1 za u x. ,� {; ,r A longer{more'than five minutes) presentation by a Ili Board member`fi+rar ', , ' { to an individual or organization ° tk . skN '11,n, -- � *k4�t t a; Ne r y f ,,,.s yr. ,. ,:.I. : ; 3 } A longer (more than five minutes) presentation' by an`µsoutside`�y�+z ` v I, organization to the Boardt "It I" I; t. �} a S�'. +f i..'. rt Sr.f '. { )AA, .S„ a. - .! .r d ,,;< R y_.. -, 2.n r.` r $5f a'a,�^t "r- 1^ 3 t" p i A brief presentation byathe CAO or Department (one or two minutes) ft,3 and no.or only one `outside speaker vry :t rt T ', 4 -1 It�` A bnef presentation by the CAO or Department (one or two minutes), .�`i -fi pays;fv ,X y s < �but multiple'outslde speakers w ti ua. ; i ,i c f"f ` "It � �.. 't { , i ; r , v i t r5 £i, il A bnef presentation by a Board member anda no or only'one speaker ,r .3 11 k A lengthy presentation by the CAO or Department and one or more 3,y �r4 .� 1..y w p „e ,k a„ 9-:+y e' .,.s +1'r I.rr�wht'r#'b+ CI+"s a S+n r f �, k > 1, ,� outside speakers r ff f j , ,, ��4, ,r f 5 v - zY '�,,� 7f �'; CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 5, 1995 TO: Ann Cervelli FROM: Aruna Bha I'd' SUBJECT: Amended and Restated Acquisition and Development Agreement#201 (to be scheduled on the Board Agenda for October 24, 1995) Per you request, I am putting information regarding noticing the above mentioned project in writing. The above mentioned project is subject to the provisions of the State Planning Law and State Redevelopment Law. The State Redevelopment Law requires notice of the time and place of the hearing to be published in a newspaper of general circulation in the County in which the land is located once a week for two weeks for all Acquisition and Development Agreements. Jim Kennedy has asked Linda Hoover to notice the project for compliance with the Redevelopment Law. All other noticing required for Development Agreement per Planning Law(Le, 300' notification and legal notice) would be done by your office. cc: Jim Kennedy Linda Hoover 00 X148 191 010 148 191 015 148 192 008 CCC REDEVELOPMENT AGENCY CCC �REDEVELOPMENT AGENCY CCC REDEVELOPMENT AGENCY 651 Pine St. 255 Glacier Dr 651 Pine St Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553. 148 192 009 148 192 010 148 202 057 CCC REDEVELOPMENT AGENCY .-CCC REDEVELOPMENT AGENCY WALNUT VIEW PROPERTIES 255 Glacier Dr � 651 ,Pine St 3100 Oak Rd 1'/ Martinez, CA 94553 Martinez, CA 94553 Walnut Creek, CA 94596 148 202 060 148 221 014 148 221 026 Monojit & Seema Dasgupta SAN FRANCISCO BART DISTR SAN FRANCISCO BART DISTP 1076 Kachina Ct 800 Madison St 800 Madison St Fremont, CA 94539 Oakland, CA 94607 Oakland, CA 94607L,� 148 221 033 148 250 083 148 250 084 OAK HILL CAPITAL CORP KOAR-PLEASANT HILL PARTN WALNUT CREEK PROPS TIES 601 Montgomery St #1010 V/ 911 Wilshire Blvd #2150 2999 Oak Rd JA2999/ San Francisco, CA 94111 Los Angeles, CA 90017 Walnut Creek, CA 94596 148 250 085 148 440 001 148 440 002 WALNUT CREEK PROPERTIES ,/Timothy Knight Paula Heckler 2999 Oak Rd 1376 Las Juntas Way #H 1376 Las Juntas Way #G Walnut Creek, CA 94596 Walnut Creek, CA 94596 Walnut Creek, CA 94596 148 440 003 148 440 004 148 440 005 Sammy & Karen Castillo Robert Thorup Jr' Gregory Lippincott 5320 Vista Point Ct 1376 Las Juntas Way #E Julie Lippincott Concord, CA 94521 Walnut Creek, CA 94596 1376 Las Juntas Way #D Walnut Creek, CA 94596 148 440 006 148 440 007 148 440 008 Robin Fryday Daniel Yee Peter & Joan Giorvas 1376 Las Juntas Way #C V 2191 Bent Creek Drv/ 15560 China Rapids Drt,,/ Walnut Creek, CA 94596 San Ramon, CA 94583 Red Bluff, CA 96080 148 440 009 148 440 010 148 440 011 Roger & Judith Maher Polly Yen Aviva Scherman 704 Old Farm Rd V/ 1358 Las Juntas Way #G 875 Francisco St Danville, CA 94526 Walnut Creek, ' CA 94596 San Francisco, CA 94105 148 440 012 148 440 013 148 440 014 Jerry Smith Jerry Smith / Cynthia Bogle 2121 N California Blvd 2175 N California Btvd 1358 Las Juntas Way #C #240 #950 Walnut Creek, CA 94596 Walnut Creek, CA 94596 Walnut Creek, CA 94596 148 440 015 148 440 016 148 440 017 Charlotte Thomas f James Stetter Sr. Robert Hooker 1358 Las Juntas Way #B Joyce Stonaker ✓ 5465 Preston Ct Walnut Creek, CA 94596 1358 Las Juntas Way #A Concord, CA 945/ Walnut Creek, CA 94596 w-gs- IN- h *0 148 440 018 148 440 019 148 440 020 Charlotte Thomas Raghvendra Savoor R Christopher Rhody Robert Hourigan 1346 Las Juntas Way 01- 1346 Las Juntas Way #A 1346 Las Juntas Way #C Walnut Creek, CA 94596 Walnut Creek, CA 94596 Walnut Creek, CA 94596 148 440 021 148 440 022 148 440 023 E & Slyvia Glafkides Gordon Miller Susan Ray 737 Happy Valley Rd 1340 Las Juntas Way #B ,✓ 1105 Reiner Ln Pleasanton, CA 94566 Walnut Creek, CA 94596 Walnut Creek, CA 94596 148 440 024 148 .440 025 148 440 026 Robert Zerrilla Sharon Ahern � Donna Pieper -- ✓ 3220 21st St ✓ 1340 Las Juntas �y #E 1340 Las Juntas Way #F San Francisco, CA 94110 Walnut Creek, CA 94596 Walnut Creek, CA 94596 148 440 027 148 440 028 148 440 029 Mamdouh Gaballa Donna Willer AXIS LIMITED PARTNERSHIP Catherine Gaballa ✓ 1340 Las Juntas Way #H PO Box 156 ,,✓ 1340 Las Juntas Way #G Walnut Creek, CA 94596 Alamo, CA 94507 Walnut Creek, CA 94596 148 440 030 148 440 031 148 440 032 Kathleen Bredahl Louise Kioski ✓ Michael & Maria Grimes John Bredahl 1340 Las Juntas Way #K ,1340 Las Juntas Way #L 26366 Eshelman Ave Walnut Creek, CA 94596 Walnut Creek, CA 94596 Lomita, CA 90717 148 440 033 148 440 034 \148 440 035 Douglas William Clarke Daniel & Janine Rubens / �alvin Tom 1352 Las Juntas Way #A '� 400 Vernal Dr ✓ 1352 Las Juntas Way #C Walnut Creek, CA 94596 Alamo, CA 94507 Walnut Creek, CA 94596 148 440 036 148 440 037 148 440 038 Orlando Verde / George & Joanne Booras James Arthur Whitten ✓ 1352 Las Juntas Way #D ✓ 50 Viewpoint Ct ✓ 1352 Las Juntas Way #F Walnut Creek, CA 94596 Danville, CA 94506 Walnut Creek, CA 94596 148 440 039 148 440 040 148 440 041 Mark McFetridge DIME SAVINGS BANK OF NEW Ben & Julianne Cianfichi 1364 Las Juntas Way # 231 East Ave ✓ 1743 Oro Valley Cir Walnut Creek, CA 94596 Albion, NY 14411 Walnut Creek, CA 94596 148 440 042 148 440 043 148 440 044 Robert Borba ✓ Frank Barton ✓ Thomas Coyne Jr. v/ Janet Brayton 1364 Las Juntas Way #E Jeanette Coyne Jr. 1364 Las Juntas Way #D Walnut Creek, CA 94596 28329 Championship Dr Walnut Creek, CA 94596 Moreno Valley, CA 92551 148 440 045 148 440 046 148 440 047 / Grant Stewart / Ernest Perry M Louise Griesinger V 911 Greenhill Rd ,/ 34 Valley View Dr 1/ 1364 Las Juntas Way #I Mill Valley, CA 94941 Orinda, CA 94563 Walnut Creek, CA 94596 WFI- x-48 440 048 148 440 049 148 440 050 Paul John Gustafson Thomas Barnes Craig & Vivian Fendel -. 1015 Wickham Dr Kajs-Mari Barnes / 551 Grizzly Peak Blvd Moraga, CA 94556 340 Hartford Rd ✓ Berkeley, CA 94708 Danville, CA 94526 148 440 051 148 440 052 148 440 053 Ann Carson & Tom Fannin Knud & Linda Loehndorff Richard & Claire Clancy 61 Regency Dr 1370 Las Juntas Way #B / 1981 N Broadway #415 ✓ Clayton, CA 94517 ✓ Walnut Creek, CA 94596 ✓ Walnut Creek, CA 94596 148 440 054 148 440 055 148 440 056 Leyla Zabih Richard Cademartori / William & Carol Morris Sepehr Zabih / 1370 Las Juntas Way #E" 100 Sea View Ave 1588 Del Monte Ct t/ Walnut Creek, CA 94596 Piedmont, CA 94610 Moraga, CA 94556 148 440 057 148 440 058 148 440 059 Patric Sean Walsh Robert Erickson Frederick Lutz / 1370 Las Juntas Way #G ✓ Peter Erickson ,/ Caroline Lutz ✓ Walnut Creek, CA 94596 1106 Calder Ln 1370 Las Juntas Way #I Walnut Creek, CA 94598 Walnut Creek, CA 94596 148 440 060 148 480 004 148 480 005 COMMON AREA TRACT 6284 HD DELAWARE PROP INC / HD DELAWARE PROP INC NO STREET NAME or NUMBER / 55 W Monroe St #3100 / 55 W Monroe St #31001/ Walnut Creek, CA 94598 V Chicago, IL 60603 Chicago., IL 60603 172 011 022 172 020 042 172 020 044 STATION WEST ASSOCIATES UWC OAK ROAD V/ UWC OAK ROAD ✓ 100 Pringle Ave #550 . 520 Broadway #100 520 Broadway #100 Walnut Creek, CA 94596 ` Santa Monica, CA 90401 Santa Monica, CA 90401 172 020 045 172 020 046 UWC OAK ROAD ✓ UWC OAK ROAD 520 Broadway #100 520 Broadway #100 Santa Monica, CA 90401 Santa Monica, CA 90401 I a-I�- y�' ��.��•-� � L� ��-, `T I Clerk of the Board of Supervisors 651 Pine Street , Room 106 Martinez, CA 94553 Cyt C Q� �J_Gu f n/.. h. � r 651 Pine Street, Room 106 Martinez, CA 94553 1 C&iA� � 00 651 Pine Street, xoom a.uu Martinez, CA 94SS3 " tt b'� 1 � 1� r RECEIVED CIUG 1 5 199b � MBO—ARD OF SUPERVISORS COSTA CO. NOTICE OF A PUBI -JIC H ARING You are hereby notified that on MONDAY., SEPTEMBER 99, 1905 at 1:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the County Zoning Administrator will consider a DEVELOPMENT AGREEMENT application described as follows: SAN FRANCISCO RAY AREA RAPID TRANSIT DISTRICT (RAMI} (Applicant & Owner), County File #bevelopment Agreement 201: In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600,000 sq.ft. and 1,265,000 sq.ft. of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September 1995 and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. Subject property is approximately 18.8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive, in the Pleasant Hill BART Station Area of the County. (R-15) (ZA: L-14) (CT 3240) (Parcels #148-250-071 & 148-221-029) For purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Significance (no Envir6nmental Impact Report required) has been issued for this project. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written Lcorrespondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or phone ARUNA BHAT at (510) 646-4208. Harvey E. Bragdon, Director Contra Costa County Community Development Department s Agenda Item#9 Community Development Contra Costa County CONTRA COSTA COUNTY ZONING ADMINISTRATOR MONDAY, SEPTEMBER 25, 1995 - I:30 P.M. I. INTRODUCTION SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICTBART) (Applicant & Owner), County File#Development Agreement 201: In 1985, Contra Costa County, County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600,000 sq.ft. and 1,265,000 sq.ft. of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September 1995 and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. Subject property is approximately 18.8 acres in size and is located north of Treat Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Hill BART Station Area of the County(Station Area). (R-15) (ZA:L-14) (CT:3240) (Parcels# 148-250-071 & 148-221-029) II. AUTHORIZATION FOR DEVELOPMENT AGREEMENTS The Board of Supervisors adopted a set of procedures and requirements for the consideration of DevelopmentAgreements on July 9, 1985. State Law authorizes the County to enter into Development Agreements with persons having legal or equitable interest in real property for the development of such property and to establish procedures for consideration of applications for such Agreements. Development Agreements are a tool which, for a specific time, guarantee the developer the use of property, density or intensity of use, height of buildings, etc. notwithstanding any changes that may occur in Ordinances after the Agreement is approved. The County may impose new requirements which are not inconsistent with the Agreement. Each Development Agreement must be reviewed annually by the Zoning Administrator. If the developer does not make good faith progress in fulfilling the Agreement, the County may amend or cancel the Agreement. Each Development Agreement must be reviewed at a public hearing by the County Zoning Administrator for recommendation to the County Board of Supervisors. After the public hearing is closed, the Board may approve, modify or disapprove the proposed Development Agreement. Any approval of the proposed Agreement shall be made by Ordinance after finding that the Agreement is consistent with tie General Plan and Specific Plan for the area. S-2 III. CEQA DETERMINATION: The Negative Declaration of Environmental Significance was posted for the project on August 28, 1995. Staff prepared a Negative Declaration since the'amendments to the Agreement do not change the scope, use, density or any other physical aspect of development which could occur on the subject property. The EIR prepared pursuant to CEQA, in connection with the consideration and adoption of the Pleasant Hill BART Station Area Specific Plan, identified and determined necessary mitigation measures which need to be undertaken to address the impact of increased land use in the Station Area as contemplated by the Specific Plan. A supplement to the EIR was prepared in connection with consideration of the amendment to the Specific Plan adopted on July 19, 1988 and the amendment of the Redevelopment Plan adopted by Ordinance No.88- 58. The EIR and the EIR Supplement analyzed the impact of development of the subject property in the manner contemplated by the Agreement. The previous EIR and the EIR Supplement determined those mitigation measures which would eliminate, or reduce to an acceptable level, the adverse environmental impacts of development of the Station Area pursuant to and in accordance with the Specific Plan, including the impacts of development of the subject property under review now. Certain of the mitigation measures have been carried out pursuant to the original Agreement including in-lieu of dedication for roadway purposes, sewer relocation, payment of development fees, conveyance of easements, and construction of infrastructure. Other measures will be imposed and implemented as conditions to the issuance of permits. Since the EIR and the EIR Supplement anticipated and analyzed the environmental impact of development of the subject property as contemplated by the Agreement and the amendments to the Agreement do not change any aspects of the development of the subject property, staff has determined that there are no changes in the project which would require major revisions of the EIR and EIR Supplement due to new environmental effects or a substantial increase in the severity of previously identified environmental effects. In addition, staff has analyzed the circumstances under which the project would be undertaken and,based on that analysis, there is no new information of substantial importance (which was not and could not have been known with the exercise of reasonable diligence at the time the EIR and EIR Supplement were certified) or change in circumstances of the project which indicates that there are significant environmental impacts not analyzed in the EIR and EIR Supplement or substantially more severe than shown in the EIR and EIR Supplement, that a mitigation measure previously found infeasible is now feasible and would substantially reduce a significant environmental effect or that there are new mitigation measures or alternatives to the project differing considerably from those analyzed in the EIR and EIR Supplement which would substantially reduce an environmental effect. S-3 Based on the above, staff has concluded that no supplemental or subsequent EIR is required in connection with consideration of the amendments of the Agreement. IV. STATION AREA DEVELOPMENT AGREEMENT The original Development Agreement for the Station Area was entered on September 12, 1985 between the County, Agency and BART. Since the parties entered into the original Agreement, many of the activities have been performed. However, due to market conditions, the development of the BART Station Area contemplated by the original Agreement has not occurred. As a result,the parties desire to extend the term of the Agreement and amend and restate the Agreement. The standard for density of Development anticipated by the Agreement are as follows: The maximum density of non residential development shall not exceed 1,265,000 gross square feet of building; The minimum density of non residential development shall be 600,000 gross square feet of building; The standard for residential development of Area 11 of the Specific Plan shall be as set forth in the Specific Plan (i.e. 22-44 dwelling units/acre), which residential development shall be in addition to the non residential development permitted in Area 11. The Agreement conforms with the General Plan and Specific Plan policies for the site. The Agreement extends the term of life for an additional 10 years, expiring in the year 2005. V. RECO)\M ENDATION Staff recommends that the Zoning Administrator recommend approval of the Development Agreement to the Board of Supervisors. DA/201.AMB 9/12/95 '4' Q .�y 00 3t�9WQN '134 OT °' u 4J to N 9L O« N U ;a m sd�E4 ty StJ1rJ�00 O O �ltLB `, iOL �p `'fir 0 V .fit. ^[fit SLS". d �r no- � �~ 7� .0 t' N Z O p N °o>w0 �� � � co to. ~ co Nvo Nm ` ofI•i Lu«.f1M ' y _ip Og o 10 .�?og n !g• �Y 4fi \ ` f6 yy b•3 �ij�;`6 f b`♦� a v- Q f9 6 Y O' N� ✓ C+ A, N vn r , ;� r � �•_•� y sb J � say ' C(4 i as N vs Afv-7 IL a 00 tj W `-SLR _•s \` �' �Gb(S✓ _ � (�j w �' Ma rNr �^bi,.r 1 . , H O V tl. °4 t�s'+' ARO At 301SAy41 b` t 5.0 Q ut to \ iE ° � +p f— V\ Q k J \ 00 V)oLL -LU Z 1 J \ M UJ t LL. Y yLUas VNala rNrg9t�7 t A ®i f' lileovW b cop to 39 U V co U' � h•oti� [` IL ... M o N Q x t r dd e',•• 4 4£rcx.rn oa¢•r � \ v?� AVOA id MN Cf. rr a' -r ex cv ,r: a ♦ ♦ � �. • �' . � *fih , ` ��..P'�`, tit ���� I�� r . ,,tat .• t��' tet, .,� �`� ���f1�„�t1�� ,ta'`!. ,,t+t .a a'�t�;'�! /✓ji. °� <�jA�. wry: > t t, ,ra �. ,v,?�•fit �''", v 1�ji���t lr r ��i� ,. " X11 ���t!..,. •� PAP,►-1q AMM 4 '�ll j►�►:�t1''1 will tf- FIN won mashimmuml MEN IN as 60 ■ � ■�t;. �� 'r ■M/�� • � �� � ��.: �� �� est l'�`���L 'Z."1, :lw fit.. �'�" i l• �S'. h (• :� California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report xxx Negative Declaration of Environmental Significance CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street North Wing - 4th Floor- Martinez, California 94553-0095 Telephone: (510) 646-4208 Contact Person _ARUNA RHAT Project Description and Location: SAN FRANCISr-O RAY AREA RAPID TRANSIT DISTRICT (BART) (Applicant & Owner), County File #Development Agreement 201:ln 1985, the County Redevelopment Agency and the applicant entered into an Acquisition and Development Agreement providing for development of between approximately 600,000 sq.ft. and 1,265,000 sq.ft. of commercial and/or residential development on the subject property in accordance with the Specific Plan and the Redevelopment Plan for the Pleasant Hill BART Station Area. The applicant is now proposing that Agreement be amended and restated. The primary purposes of the proposed amendments to that Agreement are to extend the term for an additional ten years from September 1995 and to eliminate provisions of the Agreement that are no longer relevant or have been performed by the parties. Subject property is approximately 18.8 acres in size and is the area located north of Treat Boulevard, east of Oak Road and west of Coggins Drive, in the Pleasant Hill BART Station Area of the County. (R-15) (ZA: L-14) (CT 3240) (Parcels #148-250-071 & 148-221-029) THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH. .The Environmental Impact Report or Justification for Negative Declaration is available for review at the address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration Building 651 Pine Street Martinez, CA 94553-1229 0 � 2� gs Review Period for Environmental Impact Report or Negative Declarati thru AP 9 R 12/89 By Community Development Department Representative CONTRA COSTA COUNTY ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent: Bay Area Rapid Transit 2. Address and Phone Number of Proponents: P.O.Box 12688 Oakland, CA 3. Date Checklist Submitted: August 25, 1995. 4. Name of Proposal, if applicable: Development Agreement#201: Amendment II. Environmental Impacts Quad Sheet Walnut Creek Parcel # 148-250-071 & 148-221-029 Date of site visit August 25. 1995 (Explanations of all significant, (S), answers are required on attached sheets.) *S *I 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ x b. Disruptions, displacements, compaction or overcovering of the soil? _ x C. Change in topography or ground surface relief features? x d. The destruction, covering or modification of any unique geologic or physical features? _ x e. Any increase in wind or water erosion of soils, either on or off the site? _ x f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ x g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ x Project Description/Site Visit/Previous EIR USGS Quad Overlay System No. 2 & 3 " Please Note: "S" is for significant; "I" is for Insignificant S 1 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? x b. The creation of objectionable odors? x C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? Project Description/Previous EIR/Site Visit _ x 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? x b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? x C. Alterations to the course or flow of flood waters? x d. Change in the amount of surface water in any water body? _ x F.E.M.A. Flood Map-Panel# 060025-0295C Flood Zone C e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ x f. Alteration of the direction or rate of flow of ground waters? x g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ x h. Substantial reduction in the amount of water otherwise available for public water supplies? _ x L Exposure of people or property to water related hazards such as flooding or tidal waves? x Project Description/ Previous EIR/ Site Visit Environmental Checklist- Page 2 of 8 S 1 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ x b. Reduction of the numbers of any unique, rare or endangered species of plants? _ x C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ x d. Reduction in acreage of any agricultural crop? _ x Project Description/ Site Visit/Previous EIR U.S.G.S. Quad #5 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ x b. Reduction of the numbers of any unique, rare or endangered species of animals? _ x C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ x d. Deterioration to existing fish or wildlife habitat? x Project Description/Site Visit/Previous EIR U.S.G.S. Quad #5 6. Noise. Will the proposal result in: a. Increases in existing noise levels? _ x b. Exposure of people to severe noise levels? _ x Project Description/Site Visit/Previous EIR U.S.G.S. Quad # 16 7. Light and Glare. Will the proposal produce new light or glare? — x 8. Land Use. Will the proposal result in a substantial alteration of the present or planned Environmental Checklist- Page 3 of 8 S I land use of an area? _ x General Plan Land Use Designation Mixed Use Consistent with Specific Plan 9. Natural Resource. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ x 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ x b. Possible interference with an emergency response plan or an emergency evacuation plan? _ x Project Description/Site Visit/Previous EIR 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ x 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ x Project Description/Site Visit/Previous EIR 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? x . b. Effects on existing parking facilities, or demand for new parking? _ x C. Substantial impact upon existing transportation systems? _ x d. Alterations to present patterns of circulation or movement of people and/or goods? _ x e. Alterations to waterborne, rail or air traffic? x f. Increase in traffic hazards to motor Environmental Checklist- Page 4 of 8 S I vehicles, bicyclists or pedestrians? _ x Project Description/Site Visit/ Previous EIR 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ x b. Police protection? _ x C. Schools? _ x d. Parks or other recreational facilities? _ x e. Maintenance of public facilities, including roads? _ x f. Other governmental services? _ x Project Description/Site Visit/Previous EIR 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ x b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? _ x Project Description/Site Visit/ Previous EIR 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: _ x 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ x b. Exposure of,people to potential health hazards? _ x 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in - I the creation of an aesthetically offensive site open to public view? _ x Environmental Checklist - Page 5 of 8 S 1 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ x Project Description/Site Visit/ Previous EIR 20. Cultural Resources. Will the proposal result in: a. Alteration of or the destruction of a prehistoric or historic archaeological site? _ x b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ x C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ x d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ x Project Description/Site Visit/Previous EIR 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ x b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well-into the future.) _ x C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ x Environmental Checklist - Page 6 of 8 S 1 d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X Project Description/Site Visit/ Previous EIR III. Discussion of Environmental Evaluation IV. Determination On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. _ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. _ Date Signature Reviewed By: Environmental Checklist- Page 7 of 8 S I EXPLANATION: The amendments to the agreement do not change the scope, use, density or any other physical aspect of development which can occur on the subject property. Therefore, the amendments will not have any effect on the environment. The EIR prepared pursuant to CEQA , in connection with the consideration and adoption of the Pleasant Hill BART Station Area Specific Plan, identified and determined necessary mitigation measures which need to be undertaken to address the impact of increased land use in the Station Area as contemplated by the Specific Plan. A supplement to the EIR was prepared in connection with consideration of the amendment to the,Specific Plan adopted on July 19, 1988 and the amendment of the Redevelopment Plan adopted by Ordinance No.88-58. The EIR and the EIR Supplement analyzed the impact of development of the subject property in the manner contemplated bN►4he agmement. The previous EIR and the EIR Supplement determined those mitigation measures which would eliminate, or reduce to an acceptable level, the adverse environmental impacts of development of the Station Area pursuant to and in accordance with the Specific Plan, including the impacts of development of the subject property under review now. Certain of the mitigation measures have been carried out pursuant to the original agreement including in-lieu of dedication for roadway purposes, sewer relocation, payment of development fees, conveyance of easements, and construction of irrr,astr,rcture. Other measures will be imposed and implemented as conditions to the issuance of permits. c,nce the: ER and the EIR Supplement anticipated and analyzed the environmental impact of development of the subject property as contemplated by the agreement and the amendments to the agreement do not change any aspects of Vie development of the subject property, staff has determined that there are no changes in the ur:,lect which would require major revisions of the EIR and EIR Supplement due to new envirc,irr,er'al effec. s or a substantial increase in the severity of previously identified environmental effects. In addition, staff has analyzes; the circumstances under which the project would be undertaken and, based on that analysis, there is no new ir,�o,M-,W�on of soh tantial importance (which was not and could not have been known with the exercise of rte.::sonable d !igenec at the time the EIR and EIR Supplement were certified) or change in circumstances of the project\Arhich indicates that there are significant environmental impacts not analyzed in the I_al ani:! :'. t Supoernen� car substantiaNy more severe than shown in the EIR and EIR Supplement, that a ,r,itiga2ic::n tneasure previously found infeasible is now feasible and would substantially reduce a signi-5cant -.ffect or that there are new mitigation measures or alternatives to the project differing considerably from those analyzed in the EIF: and EIR Supplement which would substantially reduce an environmental effect. Based on the above, staff has ccrt,!�,,<rd 1-al no si pn iiarrenrEor subsequent EIR is required in connection with consideration of the arnerlrl n rt , cif they ;1q--eement. Environmental Checklist - Page 6 of 8 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA r� SEP 19 Fill 2. 34 A County of Contra Costa I am a citizen of the United States and a resident of the ` County aforesaid; I am over the age of eighteen years, r"-t�L�'-+"i +• +1 L) and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and pub- lished at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup lement thereof on the following dates, to-wit: S. .7....:...1 S.-i. ...................... .............................. all in the year of 19.%.- I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Califo • On this .�. day of .....:.., 19.. �. .................... Signature Lesher Communications, Inc. Contra Costa Times P.O. Box 4147 Walnut Creek, CA 94596 (510) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that pub- lished) NOTICE OF A \ ^ PUBLIC HEARING 1 You are hereby notified that For purposes of compliance I on MONDAY, SEPTEMBER with the provisions of the Cal- 25, 1995 at 1:30 p.m. in ifomia Evironmental Quality Room 107,McBrien Adminis- Act(CEQA),a Negative Dec- tration Building, 651 Pine laration of EEnviropmental Slg- Street, Martinez, California, nificance (no Environmental the County zoning Adminis- Impact Report required).has. trator will consider a DEVEL- been issued for this project. OPMENT AGREEMENT appli- cation described as follows: If you challenge the ppro ect in court,you may be limited to SAN FRANCISCO BAY AREA raising only those Issues you RAPID TRANSIT DISTRICT or someone else raised at (BART) (Applicant 8 Owner), the public hearing described County File #Development In this notice, or in written 'a Agreement 201: In 1985, correspondence delivered to . Contra Costa County,County the County at,or prior to,the Redevelopment Agency and public hearing. / the applicant entered Into an Acquisition and Development For further details, contact Aggreement providing for de- the Contra Costa County velopment- of between ap- Community Development proximately 600,000 sq. ft. Department,651 Pine Street, and 1,265,000 sq.ft.of com- Martinez,California,or phone mercial and/or residential de- ARUNA BHAT at (510) veiopment on the subject 646-4028. Fin accordance with the Specific Plan and the Re- Harvey E.Bragdon,Director development Plan for the Contra Costa County Pleasant HIII BART Station Ar- Community Development ea.The applicant Is now pro- Department posing that Agreement be Legal CCT 6432 amended and restated. The Publish September 15,1995 primary purposes of the pro- posed amendments to that Agreement are to extend the tens for an additional ten fntetsf and to eliminate the Agreement that are no - longger relevant or have been Ku by the parties. Subject property is approxi- mately 18.8 acres in size and is the area located north of Treat Boulevard,east of Oak Road and west of Coggins Drive in the Pleasant HIII BARE Station Area of the " (ZA County. 2 01(Pac els)#148-250-01 &142-221-029)