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HomeMy WebLinkAboutMINUTES - 12031996 - C19 _ c Iq ORDINANCE NO. 96-41 Cypress Corridor Development Agreement Page 1 of 2 WHEN RECORDED RETURN TO CLERK, BOARD OF SUPERVISORS The Board of Supervisors of the County of Contra Costa ordains as follows: Smsion 1. Finding& The Board hereby finds that the provisions of that certain development agreement by and between the County of Contra Costa and Cypress Corridor landowners relating to the Cypress Corridor Development Agreement(the"Development Agreement"),which is attached as Exhibit A and hereby incorporated into this Ordinance for all purposes by this reference,has been found by the County Zoning Administrator to be adequate for approval,and (as established by the terms of the Development Agreement,the recommendations of the County Community Development Department,the County Zoning Administrator,and such other information in the record provided to the Board)is consistent with the County's General Plan County Resolution No. 85/412 regarding Procedures and Requirements for the Consideration of Development Agreements,adopted July 16, 1985,and Government Code Section 65864 et seq. The Board hereby further finds that the Development Agreement was subject to full and proper environmental review under CEQA,and for the purposes of compliance with CEQA is exempt under Section 15061(b)(3). The Board finds that the landowners have no development proposals before the County related to the Cypress Corridor at this time. It can be seen with certainty that there is no possibility that the proposed agreement may have a significant effect on the environment. Furthermore,the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a physical change in the environment,either directly of ultimately(CEQA Guidelines Section 15378(a)),and finally any effects are too speculative to provide meaningful information for environmental assessment at this time(CEQA Guidelines 15004(b)). Scdon.II• AM ya1. Pursuant to the authorization provided in sections 65864 at seq.of the Government Code of the State of California,the Board hereby approves the Development Agreement. The Board hereby authorizes the Director of Community Development to execute the Development Agreement on behalf of the County and to post a notice of determination pursuant to Section 21152 of the California Public Resources Code regarding this approval. Section M. Sever. 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. we-9407 1 Section IV, Statute of LitnitBtions. No action or proceeding("Action")may be brought by a person,public agency,or public or private corporation,partnership,association,organization or other business or non-business entity other than the parties to the Development Agreement or their successors to attack,review,interpret,set aside,void,or annul all or any part of the Development Agreement or the decision of the County of Contra Costa to approve and execute the Development Agreement,unless the Action is commenced and service made on the County of Contra Costa within 90 days from the County's adoption of this Ordinance. Section V. Effective Date. This Ordinance shall become effective 30 days after passage and, within 15 days of passage,shall be published once with the names of Supervisors voting for and --against it in the Contra Costa Times,a newspaper of general circulation published in this County. PASSED and ADOPTED on 112/3/96 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, and Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By: D Date: December 3, 1996 we-9407 2