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Home My WebLink AboutMINUTES - 10241995 - D8 _ - Contra .`��-�� - TO: BOARD OF SUPERVISORS oCosta. A� FROM: HARVEY E. BRAGDON County•a•;q. ..x;t.�" DIRECTOR OF COMMUNITY DEVELOPMENT DATE: October 9, 1995 SUBJECT: SHAPELL REQUEST TO SEPARATE WENDT .PROPERTY FROM THE TVPOA STUDY SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS The Board needs to make a decision on Shapell 's request for the Wendt Property to be processed separately from TVPOA's request. Among the policy choices: 1. Approve the request for a separate study and exclude from the TVPOA proposal (but use in cumulative analysis of TVPOA) ; OR 2 . Deny this request and leave the site within the TVPOA boundary area; OR 3 . Approve the request for a separate, study, but modify the boundaries to include the other lands to the west between Danville and the Kaufman & Broad 44 acre site (the Corrie Property also on this agenda for separate study) . FISCAL IMPACT Should a separate study be authorized, the applicant will pay a new general plan and EIR fees to cover the staff cost to review the proposal. All fees previously paid to TVPOA will remain with that project. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Octover 24, 1995 APPROVED AS RECOMMENDED OTHER x IT IS BY THE BOARD ORDERED that consideration of the above matter is CONTINUED to November 7, 1995. See Addendum for list of speakers. Staff is DIRECTED to address the issues and concerns raised today by the Board of Supervisors. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Jim Cutler, (510 646-2034) ATTESTED October 24, 1995 cc: Community Development Department PHIL BATCHELOR, CLERK OF CAO THE BOARD OF SUPERVISORS County Counsel D NTY INISTRATOR Public Works TVPOA (via CDD) BY A 414 , DEPUTY Shapell (via CDD) JWC\drb JWC1995\drb\bo\Shapell-. sty Shapell Request to Separate Wendt Property October 9, 1995 Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS On October 4, 1995, Shapell Industries submitted a request to staff (copy attached) requesting that the 165 acre Wendt Property be separated from the TVPOA proposal and that they wished to pursue their own General Plan Amendment, Rezoning to Planned Unit District and Environmental Documentation. Since the Board of Supervisors had originally determined the study area boundaries for TVPOA, and the Wendt site is located internal to that project, the Board would need to provide direction on how it wished to have this general plan amendment come to public hearing. Nolan Sharp, representing TVPOA has also communicated- with our Department. They are strongly opposed to the separation of the Wendt property from TVPOA and feel it would lend to fragmented planning. A copy of their letter is attached. Our Department indicated to the applicant the need to bring this policy issue forward so that the Board could further direct staff on how the plan review of the Wendt Property should proceed. The Board's actions originally establishing TVPOA' s boundaries is also enclosed for reference. The issue here is NOT whether the Wendt Property should be authorized for General Plan Study. Direction to that effect occurred as part of the TVPOA proposal. The policy issue before , the Board of Supervisors is shall the Wendt Property continue to be an integral part of the TVPOA proposal or will it be authorized as a separate plan amendment study. Until a different policy decision is made by the Board, the Wendt Property will continue to be studied under the TVPOA authorization. There appears to be three basic choices the Board has in considering this request. They are: 1. Approve the request for separate study and exclude the Wendt Property from the TVPOA proposal (except as part of the cumulative impact analysis) . The downside of this approach is that it will create a district separate project inside the TVPOA project and cause a separate set of hearings on this request. That would be somewhat offset by allowing a more detailed policy review of this 165 acre area and a separate set of fees will be payed to cover the cost of this additional work. Initiating a separate study could affect the traffic modeling analysis of TVPOA unless the Wendt Property is considered in the traffic impact analysis. 2 . Deny the request for a separate plan amendment study and leave the site within the TVPOA boundary area. This would maintain the existing process which is underway. It would not reflect the differing land use intensity proposed by Shapell. Shapell is only requesting 237 units where TVPOA is studying 420 units on this site. 3 . Approve the request for a separate study, but modify the boundaries to include the lands to the west between Danville and the Kaufman & Broad request area ( the Corrie Property) with the Wendt Property. (See map attached) This would have the effect of creating a more logical plan study area. However, some of the additional properties are Shapell Request to Separate Wendt Property October 9, 1995 Page Three TVPOA members. It is possible that other logical boundaries could be created by expanding this separate study also add lands to the east. Staff needs policy direction on this request, along with the Kaufman & Broad request, so that we can proceed with completing the environmental documents on the TVPOA proposal. ADDENDUM TO ITEM D.8 OCTOBER 24, 1995 On this date, the Board of Supervisors considered the Shapell request to separate Wendt property from the TVPOA study. Jim Cutler, Community Development Department, presented the staff report on the request. The following persons presented testimony: Phil Wong, City of San Ramon; Brian Welch, 510 La Gonda Way, Town of Danville; Ward Nyhus, 11561 San Vicate #310, Los Angeles; Thomas Koch, 2682 Bishop Drive #206, San Ramon, Shapell Industries; Maria Rivera, P.O. Box V, Walnut Creek, Shapell Industries; Nolan C. Sharp, 4510 Tassajara, Danville, TVPOA; Mark Armstrong, P.O. Box 218, Danville, TVPOA; MaryLee Gurnon, 910 Mt. View Drive, Lafayette, TVPOA. Following discussion by the Board, IT IS BY THE BOARD ORDERED that the matter is continued to November 7, 1995; and staff is DIRECTED to address the issues and concerns raised today by the Board of Supervisors. Y . ✓ 'y j �� j ��t \ 9< r� tA to „t• �--��„ �; �f wCt./��.• — '� O O 041 f• yi ��,�i��. Y ` �/"'".. �� »::ir'�'•�`��:--'"`�'��l yr/ AN ♦-�J -- {oma ,.. Cl r 5---✓/"lr+ �'N ..s'�``�id�^ � � `i��f jtl�a�ir✓��e';`�,t /j� -r O � /�., `` �' `.tea-• � 'az'�v/�) ��..f. ��. i �(1 ^��' Y• (`�,�`/ JJ11 �')4` ' 'r \- � J � ,�� QJ rt.a•�••<� Sr.i 01:.\. tilt rr �. 1 w►c..,.. \ l of � ../'� ��o �� •t N kr- + '� �•'7•i .9 1 m }. '`•^,�'�"`� L;�;-:�^,ti�it- v" ,,� �a O .�-..-LAJ `� Com' N�«` „NC• „i TO: BOARD OF SUPERVISORS Vl� Itra FROM: HARVEY E. BRAGDON • ��_- Costa DIRECTOR OF COMMUNITY DEVELOPMENT DATE: August 1, 1991 SUBJECT: GENERAL PLAN AMENDMENT REQUEST OF THE TASSAJARA VALLEY PROPERTY OWNERS ASSOCIATION SPECIFIC REQUEST(S) OR RECOMMENDATION(8) 8 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Authorize a Comprehensive General Plan review, as requested by the Tassajara Valley Property Owners Association (TVPOA) , to redesignate portions of their land from Agricultural Lands to various residential and urban designations. This request will involve the Land Use, Circulation and potentially all other mandatory elements of the County General Plan, and includes initiation of the rezoning of the area. 2. The granting authorization of this request does not imply any support for this application, but only that this item is appropriate for study. 3. By authorizing this review, staff will proceed by preparing an EIR. When the DEIR is prepared, staff will prepare a report which will be scheduled for public hearing before the appropriate County Planning Commission. Following this, the Commission will forward its recommendations to the Board for public hearing and final determination.' Staff may expand the planning amendment area to provide a more logical planning boundary. FISCAL IMPACT The applicant shall pay an amendment fee to cover the -County's costs of this study. BACKGROUND/REASONS FOR RECOMMENDATIONS The TVPOA have requested a General Plan amendment to moif the County General Plan from Agricultural Lands to resident CONTINUED ON ATTACHMENT: _X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON OF COMMITTEE APPROVE OTHER SIGNATURE(8) ACTION OF BOARD ON August 13. 1991 APPROVED AS RECOMMENDED X _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 18 A X_ DNANIMOUS (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. Orig: Community Development Department ATTESTED August 13, 1991 cc.: Public Works PHIL BATCHELOR, CLERK OF CAO THE BOARD OF SUPERVISORS County Council COUNY ADMINISTRATOR By DEPUTY 2jwc2/=/tas9ajar.bos BACKGROUND/REASONS FOR RECOMMENDATIONS - Cont. support urban land uses. Their rationale for this change is shown in Exhibit A (attached) . The TVPOA is a grouping of 32 land owners that represent in excess of 4,000 acres in the Tassajara Valley. Much of this area is within the Urban Limit Line, though the eastern perimeter of the area is outside that line (as shown on the map attached to Exhibit A) . In addition to the land use and circulation issues a plan change would also consider substantial issues on public facility and service availability and growth management issues which need to be addressed. An EIR will be required prior to consideration of this plan amendment request. This proposal will be very controversial and will require an EIR. Authorization of a study does not imply any position on the disposition of this study. 1jwc1/cm/ta9sajar.bos EXHIBIT A TASSAJARA VALLEY GENERAL PLAN AMENDMENT AND REZONING STUDY On April 9, 1991, the Board of Supervisors referred to the Community Development Department for a report and recommendation Agenda Item 1.57, the letter dated April 2, 1991, from Nolan Sharp, President, Tassajara Valley Property Homeowners Association, Inc. (TVPOA) . That letter requested that the Board authorize the study of an Amendment to the County General Plan to provide for urban development in the Tassajara Valley area. A copy is attached. TVPOA is comprised of 34 property owners who own a majority of the approximately 4 , 000 acres in the Tassajara Valley adjoining Camino Tassajara on both sides from the end of Blackhawk to the Alameda-Contra Costa County line. A copy of the map is included with the TVPOA request letter. The entire planning area is designated Agricultural Lands on the 1990-2005 Contra Costa County General Plan. The entire area is included within the Urban Limit Line. In its letter, TVPOA proposes approximately 5, 000 dwelling units for the Tassajara Valley, with more than one-half of the area to be designated in open space use, consistent with the practical limitations on development within the Urban Limit Line in order to meet the County's overall 65/35 open space to urban use ratio. Both the Dougherty Valley and the Tassajara Valley represent opportunities to provide a wide range of housing near the significant and growing employment centers in the Tri-Valley. The Board of Supervisors has already authorized a General Plan Amendment and Specific Plan study for the Dougherty Valley. The 1 1 ' 4 • oS t4 SL � G$ SL St GS 51- 5L 5v 05 _os 5L DS SM �' CS LE6 Eap DS ro 5K7+ko,1�e vi1�1t 1• 5M 5�waleF�►n'{?.��3��'�al t�ed�r� ca SL SL sv 05 SL oF a 4R by Cb Cowtif4Q%<kz1 05 c5 x � C5 SL N SL t -%awl --' 4 "tASS�.IRR A Vhttz•Y PROPERTY OWt�RS ASSDGVt'CtCN, 1NC• i OrJASAt PLAu WE�nMVI ST%,a-/ ARU SHAPELL INDUSTRIES of NORTHERN CALIFORNIA A Division of Shapell Industries, Inc. a, n October 4, 1995 Mr. Jim Cutler Community Development Dept. Contra Costa County 651 Pine Street, 4th Floor, North Wing Martinez, Ca 94553 Dear Jim: This letter is sent to request authorization from the Board of Supervisors for a General Plan Amendment study for property that we have optioned. This property is owned by Mrs. Marguerite Wendt and will be referred to as the "Wendt Ranch". It is approximately 165 acres in size located on the south side of Camino Tassajara across the street from the Shadow Creek development and west of the east gate of Blackhawk. The property is in an unincorporated area, although it does have a common boundary with the Town of Danville. I've attached an area map for your convenience. Also attached is our proposal for two hundred eight (208) 8,000 and twenty nine (29) 10,000 square foot lots along with a park and recreational facilities along two branches of Alamo Creek. It is our intention to submit in the near term an application for rezoning to P-1 District, Final Development Plan and Tentative Map. Accordingly,we are also requesting that this project be assigned to a planner in your department. Furthermore,we will expeditiously provide the county with the appropriate application fees. For your information, this property is currently located within the planning area established by the County, controlled by the Tassajara Valley Property Owners Association. Mrs. Wendt had been a member of TVPOA but withdrew from participation in that organization in the spring of last year. In as much as we are working with Mrs. Wendt on this project, our request is to have the Wendt Ranch removed from TVPOA and processed by the County separately. It is our understanding that a similar request was approved by the County recently. Homes of Quality Since 1955 P.O.Box 361169, 100 North Milpitas Boulevard,Milpitas,California 95035 Phone:408/946-1550 Fax:408/946-9687 Please schedule this matter for Board of Supervisors consideration at your earliest convenience. Of course, I'd be happy to respond to any questions you might have. On behalf of Shapell Industries we look forward to working with you and others at the County on this exciting project. Sincerely, Shapell Industries of Northern California i Thomas J. Koch Assistant Vice President TJK:cIm Enclosures TASSAJARA VALLEY_PROPERTY OWNERS ASSOCIATION s ENVIRONMENTALLY PLANNED GROWTH r_ �� ID fi � - �.tl -? PM 6: I September 29, 1995 Mr. Harvey Bragdon Contra Costa County Director of Community Development 651 Pine Street 4th Floor, North Wing Martinez, CA 94553 Re: TVPOA Comprehensive Land Use Plan Dear Mr. Bragdon:, As.President-of the Tassajara Valley Property Owners..Association, I have been informed that contacts have been, made with Contra.Costa County staff and with.Supervisors _ concerning the potential development of.the Wendt property independent of the TVPOA comprehensive planning effort which has been undertaken for the last several years. The Wendt property is situated on Camino Tassajara near the east entrance to Blackhawk (APN: 206-030-006). As you are aware, the planning effort being undertaken by TVPOA involves the cooperation of many land owners who have been told by Contra Costa County that they . could not separately plan their properties but rather would have to undertake a very comprehensive planning effort in coordination with the County. This is all commemorated by way of Contra Costa County Board of Supervisors Action dated August 13, 1991, a copy of which I have attached for your reference. Pursuant to this Board directive which was based upon your recommendation, we have been working together with the County for several years to plan this area in a carefully coordinated, comprehensive manner. For those who may have an interest.in the Wendt property to suggest that this property should be planned independent of the TVPOA planning process not only would result in piecemeal planning and potential irregular patterns of development, but would be directly inconsistent with the Action of our Board and the understandings which have been reached With the TVPOA. In.addition, any;such piecemeal planning would violate the terms and conditions of the TVPOA's.Reimbursement.and Expense Sharing Agreement. The TVPOA and its landowner constituents have spent millions of dollars.in reliance on this understanding. In no way are we objecting to-t-he.ultimate development -of the Wendt property or any property. Rather we believe that the property should be developed in conjunction with the comprehensive planning being undertaken by the County. 4510 Camino Tassajara • P.O. Box 1083 • Danville, CA 94526-1083 • (510) 248-3000 Mr. Harvey Bradgon September 29, 1995 Page 2. We would hope that the County would continue to endorse long range comprehensive planning in an orderly fashion as it has in the past and would reject any separate consideration of the Wendt property independent from the comprehensive planning process being undertaken with the County at this time for the TVPOA properties. Sincerely, T SAJARA VALLEY PROPERTI' OWNERS ASSOCIATION NOLAN C.,Sl A , DVM. NCS/cmb cc. TVPOA Executive Committee LAW OFFICES OF GAGEN, MCCOY, MCMAHON & ARMSTRONG WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE GREGORY L. MCCOY 279 FRONT STREET PATRICK J. MCMAHON P. 0. BOX 218 MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0216 LINN K. COOMBS TELEPHONE: (510) 837-0585 STEPHEN W. THOMAS FAX: (510) 838-5985 CHARLES A. KOSS MICHAEL J. MARKOWITZ NAPA OFFICE MICHAEL W. CARTER 1001 SECOND STREET, SUITE 315 RICHARD C. RAINES NAPA, CALIFORNIA 94559-3017 VICTOR J. CONTI BARBARA DUVAL JEWELL October 15 1993 TELEPHONE: (707) 96 / FAX: (707) 224-5617-5817 ROBERT M. FAN UCCI ALLAN C. MOORE PLEASE REPLY TO: CAROLE A. LAW ALEXANDER L. SCHMID PATRICIA E. CURTIN EEE MICHAEL P. CANDELA D2nAk CHARLES A. KLINGE Ward R. Nyhus, Esq. Attorney at law ORS 11661 San Vicente Blvd. , Suite 310,. Los Angeles, CA 90049 Re: TVPOA - Marguerite Wendt Dear Mr. Nyhus: This will confirm the understanding of the Tassajara Valley Property Owners Association II that your client, Ms. Marguerite Wendt, has withdrawn as a member of the Association and pursuant to Section, 8 of the Expense Sharing and Reimbursement Agreement of December 1991 will no longer participate in any fashion in the activities of the Association. As a result of Ms. Wendt's termination of her involvement with the Association, the Association will undertake no further efforts to support or defend any future development of Ms. Wendt's property. It is the intention of the Association to make no representations, either positively or negatively, regarding the development of her property. The Association will no longer provide Ms. Wendt with notifications of any future County or staff meetings where planning issues may be considered, it being our understanding that you or such other representative as Ms. Wendt may appoint will undertake that responsibility on her behalf. The Association further disclaims any future responsibility to encourage or discourage any particular development uses for Ms. Wendt's property- We trust that you as Ms. Wendt's representative are already aware of these matters, and will convey them to her as well. Very truly yours, Gregory McCoy GLM/dah cc: TVPOA Executive Committee i:\vol2\client\19938\letters\Nyhus.itr 8 - DAr�vII,� LEKBOARDOFS 6 October 23, 1995 Chair Gayle Bishop Contra Costa County Board of Supervisors VISORQ 651 Pine Street, Room 106 , Martinez, CA 94553 Re: Shapell Request to Separate Wendt Property From the TVPOA Study Dear Chair Bishop: Thank you for the opportunity to comment on the above-referenced item, to be considered by the Board at its October 24 meeting. County staff has presented three policy choices for the Board to consider with regard to Shapell's request. After considering the three options presented in the October 9, 1995 staff report to the Board, the Town suggests that, should the Board wish to authorize a general plan amendment study, the Board consider option 3. Further, the Board may wish to consider a modification to option 3, as discussed in this letter. The Shapell request can be evaluated within the context of the Town of Danville General Plan, the Tri-Valley Subregional Planning Strategy, the County General Plan, the Tri- Valley Transportation Plan and the principles and policies outlined in the Dougherty Valley Settlement Agreement. In light of these established planning and policy documents, it is logical to conduct a general plan amendment study for an area as shown on Exhibit A. Danville's General Plan calls for a "coordinated approach to planning and development review in the San Ramon Valley" and states that "Future land use changes in the Tassajara and Dougherty Valley Area should be directly linked to a rational growth management plan which establishes acceptable levels of service for all infrastructure and public services." The draft Tri-Valley Subregional Planning Strategy specifies that "new development occur in a logical, orderly manner linked to the provision of needed services." The Contra Costa County General Plan is intended to anticipate development reasonably expected to occur within the Plan's time frame. The Settlement Agreement outlines basic principles to insure that: • municipal services provided in the Dougherty Valley are at similar levels to those provided in adjacent incorporated jurisdictions; 510 La Gonda Way 9 Danville,California 94526-1722 (510)820-6337 Chair Gayle Bishop October 23, 1995 Page 2 • agreed-upon performance standards and traffic service objectives be monitored and achieved; and • if performance standards and traffic service objectives are not achieved, development is halted until any deficiencies are remedied. Danville favors a general plan study approach that embodies and implements the policies outlined above. Exhibit A shows the boundaries of a suggested general plan amendment study area which represents a slight modification to option 3 recommended in the October 9, 1995 staff report. The boundary of option 3A is coterminous with the eastern boundary of Blackhawk, is consistent with the location of the proposed Tassajara Elementary School, and would logically be served by East Bay Municipal Utility District and Central Contra Costa Sanitary District. It is a logical study area in terms of evaluating provision of public services including parks and recreation, police, fire and other municipal services. If the Board is not agreeable to expanding the study area slightly, then option 3 would be the preferred alternative. The general plan amendment study should consider a process to address requests by individual property owners to submit concurrent development applications within the study area if development timelines vary among owners/developers. This would allow for independent processing of proposed development projects but would also assure that comprehensive planning take place for the entire study area. Because no environmental work has been completed that documents the impacts of such development, the Town of Danville is not in a position to support or oppose development outside of the Town's sphere of influence. However, the Town is in a position to support comprehensive planning that is consistent with adopted general plans, the principles and policies outlined in Settlement Agreement, the Tri-Valley Transportation Plan and the direction provided by the Tri-Valley Subregional Planning Strategy. For this reason, the Town recommends that, should the Board wish to authorize a general plan amendment study, that the County add language in accordance with the option 3A boundaries shown on Exhibit A, based on the planning principles outlined above. Thank you for considering our input on this matter. Very truly yours, J eph A. Calabrigo ' 'own Manager . C.: Members of the Board Mayor and Town Council l 10 r vys .� GCft op R - , • w k .ra ? c p16 .00 d � g San Ramon tiC LA ,To. A Oa"oz AT Lv. CITY OF SAN RAMON 2222 CAMINO RAMON P.O.BOX 5148 SAN RAMON,CALIFORNIA 94583 (5 10)275-2200 FAX:(510)866-1436 October 24, 1995 RECEIVE® OCT 2 4 199.5 Gayle Bishop, Chair CLERK BOARD OF SUPERVISOR$i Contra Costa County Board of Supervisors CONTRA COSTA 651 Pine Street, Room 106 Martinez, CA 94553 Re: Shapell Request to Separate Wendt Property From the TVPOA Study Area Dear Chair Bishop: With this correspondence, the City of San Ramon supports and concurs with the Town of Danville's position relative to Shapell's request for a separate General Plan Amendment study and detachment from the TVPOA study area. Like Danville, The City of San Ramon believes in good, sound land use planning principles and supports comprehensive planning that is consistent with affected adopted General Plans, the Tri-Valley Transportation Plan, the direction provided by the Tri-Valley Subregional Planning Strategy and the principles and provisions outlined in the Dougherty Valley Settlement Agreement. The suggested options (3 or 3A) referenced in the Town of Danville's letter dated October 23, 1995, represents a potential study area of sufficient size that logical and reasonable comprehensive planning can still be achieved. The City of San Ramon appreciates this opportunity to comment on the above- referenced item to be considered by the Board. Sincerely, P I ong PI nning irecto 8 PW/SS/G95.131 CITY COUNCIL:275-2330 ADMINISTRATIVE SERVICES:275-2323 POLICE:275-2270 ENGINEERING:275-2250 CITY MANAGER:275-2330 PUBLIC SERVICES:275-2260 PARKS&COMMUNITY SERVICES:275-2290 PLANNING:275-2210 CITY CLERK:275-2350 TRANSPORTATION:275-2230 COMMUNITY CENTER:275-2300 BUILDING INSPECTION:275-2220 SENIOR CENTER:275-2316 REDEVELOPMENT:275-2280