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HomeMy WebLinkAboutMINUTES - 01231996 - D6 �E sE L o .% i - • Contra TO: BOARD OF SUPERVISORS Costa o: tldlllllH FROM: HARVEY E. BRAGDON my ,s County DIRECTOR OF COMMUNITY DEVELOPMENT '' 40 DATE: December 4 , 1995 osTA`cOUI`I'�'G�ti SUBJECT: Memorandum of Agreement with Town of Danville for a Joint Review and Processing of a Preliminary and Final Development Plan and Tentative Map for the Alamo Springs Project Located at the Terminus of La Gonda Way, in the Danville Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the attached resolution authorizing execution of a Memorandum of Agreement with the Town of Danville. 2 . Appoint Supervisor Gayle Bishop and San Ramon Valley Regional Planning Commissioner Paula Lucia to the Coordinating Committee. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Between 1991 and early 1993 , a 59 lot, 148± acre project was processed jointly by Contra Costa County and the Town of Danville. A Memorandum of Agreement ("MOA") had been established between the County and Town for joint processing of the project. The owner of the property at the time of the original MOA was established was New West Federal Savings and Loan Association. Ownership of the property was subsequently transferred to Brazos Asset Management, Inc. . after joint approval of the 59-lot residential project by the County and Town. The property has recently been purchased by the Corrie Development Corporation, who is pursuing a modified development plan for the project. CONTINUED ON ATTACHMENT: X YES SIGNATURE`t U h- E RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON January 23 , 1996 APPROVED AS RECOMMENDED x OTHER IT IS BY THE BOARD ORDERED Resolution No. 96/142 is ADOPTED. 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. Contact:Debbie Chamberlain - 646-2091 Orig: Community Development Department ATTESTED January 23 , 1996 cc: PHIL BATCHELOR, CLERK OF THE BOARD O SUPERVISORS ACOUNT DMINISTRATOR BY , DEPUTY 2 Corrie Development has submitted a Preliminary and Final Development Plan and Vesting Tentative Map for a 53-lot project. It is necessary that a new MOA between the County and Town be executed to address the specifics of the project. The primary change in the language contained within the MOA is that the previously approved development was processed with a project manager (Cannon Design Group) . The current submittal will not require a project manager and all references to that role and associated distribution of funds are no longer applicable in the MOA. Other minor amendments to the MOA are appropriate to reflect the change in ownership of the property. The proposed MOA is attached to this report as Attachment A. The original which was signed by the Town of Danville on June 20, 1995 is on file with the Community Development Department. DJC/aa BDVIII/MOA.DJC MEMORANDUM OF AGREEMENT ALAMO SPRINGS WITH CONCURRENT PRELIMINARY AND FINAL DEVELOPMENT PLAN AND TENTATIVE MAP REQUESTS COUNTY OF CONTRA COSTA/TOWN OF DANVILLE This Memorandum of Agreement is entered into as of July _, 1995, by and between the County of Contra Costa (hereinafter, "County"), the Town of Danville (hereinafter, "Town"), and Corrie Development Corporation (hereinafter, "Applicant"). RECITALS This Memorandum of Agreement is based on the following facts and circumstances: WHEREAS, the County and the Town have received notification of an intent to file a development project for residential development covering an 155 +/- acre site identified as the Alamo Springs property which is split between the jurisdictional boundaries of the County (125 +/- acres, identified as APN 197-050-018, -109 and the Town (30 +/- acres, identified at APN 197-082-014, 016, -017, -018 and -020); and WHEREAS, the physical characteristics of the property are such that delivery of urban services will primarily occur through the Town of Danville - La Gonda Way access corridor, resulting in a situation where a disproportionate amount of the impacts resulting from the development and occupancy of the proposed residential units will be imposed upon the Town of Danville and its residents; and WHEREAS, it is in the mutual interest of both the County and the Town to coordinate the review and approval process for the development project to assure that project related impacts dealing with traffic, soils and geology, visual impacts, drainage, etc., are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development, and equestrian trails, assessment and payment of municipal services costs, and collection of development fees, etc., are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate parallel development projects with the County and the Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property (envisioned to include a General Plan Amendment Study, Preliminary and Final Development Plans and a Vesting Tentative Map); and 1 HAM"MENT A WHEREAS, joint processing of the development project will afford the developer a single, unified process; and WHEREAS, State Planning and Zoning Law provides for the creation of special procedures to accommodate joint review and approval of development projects which involve lands falling in multiple jurisdictions; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and of the mutual advantages to be obtained from the implementation of such promises, the parties hereto agree as follows: I. Coordinating Committee. A Coordinating Committee is established consisting of two members of the County and two members of the Town -- namely, -'Gayle Bishop , Contra Costa Supervisor, I I I District; Mi 11 i e Greenberg , Councilmember of the Town Council of the Town of Danville; au I a uci a San Ramon Valley Regional Planning Commissioner; and Steve Murphy , Danville Planning Commissioner. This Committee shall be vested with the following powers and duties: A. To establish a timetable and work program in conjunction with the staffs of the County and the Town for the processing of the development application; B. To approve the selection of the respective planning division representatives from the Town and the County who shall serve in the role of Project Planners and shall be vested with the following powers and duties: 1. To work directly with the Applicant and the Coordinating Committee in formulating a development application and participating in negotiations and informal discussions concerning the development of the property; 2. To report to the Coordinating Committee and the officials of each jurisdiction with recommendations for their approval after reviewing all suggestions and recommendations from the staffs of each jurisdiction, the Coordinating Committee, and the Applicant; 3. To prepare staff reports, environmental documentation and related paperwork concerning the development of the property; 4. To coordinate, schedule, and provide all necessary documentation, reports, and recommendations to the Danville Planning Commission and the San Ramon Valley Area Planning Commission as well as to the Danville Town Council and the Contra Costa County Board of Supervisors for the hearing process on the application. 2 C. In the event of different recommendations from the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, the Coordinating Committee will review those differences and seek to resolve them prior to submittal of the project to the Contra Costa County Board of Supervisors and the Danville Town Council. II. Public Hearing and Notice Requirements. The public hearing and notice requirements for the developmentapplications shall proceed simultaneously with the County and the Town. III. Simultaneously/Independent Processing. This Agreement contemplates the coordinated processing of the application between the two jurisdictions for simultaneous independent approval with identical findings and conditions of approval. If, for any reason, the Applicant is unable to obtain such approval from either the County of the Town, Applicant may proceed to process its development plan independently in each jurisdiction, and this Agreement shall not have any further force or effect. County and Town shall thereafter retain their respective powers and duties in each of their respective territorial jurisdictions. IV. Fees and Costs. The staffs of County and Town estimate that the total of the application fees, costs associated with the project's environmental review, and County and Town staff surcharges for environmental review may be approximately Seventeen Thousand Three Hundred ($13;300.00 ). In order to expedite processing, Applicant agrees to deposit the sum of 0 Dol 1 ars ($ 0.00 ) in an interest bearing account at a financial institution acceptable to Town and County which account will be in the name of Applicant and all interest accumulating thereon shall be for the benefit of Applicant. The monies in that account shall be available to apply to the foregoing and related expenses as determined by the Town and County through the Pro e t Planners. If actual costs and expenses exceed Seventeen Thousand ThrY�d ��.00 ), then, upon written notification from the Project Planners, Applicant shall deposit such additional monies in such account as are necessary to complete the processing of its application under this Agreement. Town and County shall determine the allocation, between those two jurisdictions, of each such fee and/or cost. All financial matters shall be administered by the Town. The funds held in this account are and shall remain the property of Applicant but are deposited by Applicant as a good faith effort to have funds available to expedite the processing of the applications. V. Amendment to Memorandum. This Memorandum may be amended by the written consent of the parties to it. 3 VI. Designation of Lead Agency. The County is hereby designated as the lead agency on this project for all purposes under the California Environmental Quality Act (CEQA). VII. Effective Date of Memorandum. This Memorandum shall remain in effect from July , 1995 until all entitlements have been resolved. VIII. Counterparts. This Memorandum may be signed in counterparts on signature pages attached to form a complete document. Appr ved by Town of Danville: By � Mayor, Town of Danville (Council Resolution No. 93-94 Attest: By City Clerk (Acting) Ap `d t WM By City Attorney 4 1D, Approved by Contra Costa County: By Chair, Contra Costa County Board of Supervisors (Board Order No. ) Attest: By County Administrator and Clerk of the Board of Supervisors Approved as to Form: By County Counsel Approved by Applicant: By By c:planning/galley/corrie.a 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 23 , 1996 , by the following vote: AYES: Supervisors Rogers , Bishop,r-JneSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving a Memorandum of Agreement for Joint RESOLUTION NO. 96/142 Review and Processing of a Preliminary and Final -Development Plan and Vesting Tentative Map for the Alamo Springs Project (APN #197-082-014, -016, -017, -018 and 020) WHEREAS, Contra Costa County ("County") and the Town of Danville ("Town") have received notification of an intent to file a development project for residential development of a 148± acre site identified as the Alamo Springs property, which is split between the jurisdictional boundaries of the County (APN #197-050-018, 109) and the Town (APN #197-082-014,016, 017, 018 and 020); and WHEREAS, it is in the mutual interest of both the County and the Town to coordinate the review and approval process for the development to assure that the project related impacts dealing with traffic,.soils and geology, visual impacts, drainage, etc., are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development and trails, assessment and payment of municipal service costs, and collection of development fees, etc., are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate parallel development projects with the County and the Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property (Preliminary and Final Development Plans and Vesting Tentative Map); and WHEREAS, the County and the Town have prepared a Memorandum of Agreement (MDA) setting forth responsibilities and a process to insure coordinated review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Contra Costa County, that the Board hereby finds that it is appropriate to enter into a Memorandum of Agreement with the Town of Danville for joint review and processing of the Alamo Springs development BE IT FURTHER RESOLVED Direct the Chair on behalf of the Board of Supervisors to sign the Memorandum of Agreement. DJC/aa BDVIII/MOA.DJC. I trereby certify that this is a true and Correct copy of an action taken and entered on the minutes of the Board of Su isora on the date shown. ATTESTED: PHIL TCHELOR,C k oft a Board upe iso d CO y d 'nistrator Deputy f' MEMORANDUM OF AGREEMENT ALAMO SPRINGS WITH CONCURRENT PRELIMINARY AND FINAL DEVELOPMENT PLAN AND TENTATIVE MAP REQUESTS COUNTY OF CONTRA COSTA/TOWN OF DANVILLE .This Memorandum of Agreement is entered into as of July 1995, by and between the County of Contra Costa (hereinafter, "County"), the Town of Danville (hereinafter, "Town"), and Corrie Development Corporation (hereinafter, "Applicant"). RECITALS This Memorandum of Agreement is based-an—the following facts and circumstances: WHEREAS, the County and the Town have received notification of an intent to file a development project for residential development covering an 155 +/- acre site identified as the Alamo Springs property which is split between the jurisdictional boundaries of the County (125 +/- acres, identified as APN 197-050-018, -109 and the Town (30 +/- acres, identified-at APN 197-082-014, 016, -017, -018 and -020); and WHEREAS, the physical characteristics of the property are such that delivery of urban services will primarily occur through the Town of Danville - La Gonda Way access corridor, resulting in a situation where a disproportionate amount of the impacts resulting from the development and occupancy of the proposed residential units will be imposed upon the Town of Danville and its residents; and WHEREAS, it is in the mutual interest of both the County and the Town to coordinate the review and approval process for the development project to assure that project related impacts dealing with traffic, soils and geology, visual impacts, drainage, etc., are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development, and equestrian trails, assessment and payment of municipal services costs, and collection of development fees, etc., are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate parallel development projects with the County and the Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property (envisioned to include a General Plan Amendment Study, Preliminary and Final Development Plans and a Vesting Tentative Map); and 1 ATTACHMENT A . WHEREAS, joint processing of the development project will afford the developer a single, unified process; and WHEREAS, State Planning and Zoning Law provides for the creation of special procedures to accommodate joint review and approval of development projects which involve lands falling in multiple jurisdictions; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and of the mutual advantages to be obtained from the implementation of such promises, the parties hereto agree as follows: I. Coordinating Committee. A Coordinating Committee is established consisting of two members of the County and two member of the Town -- namely, Gayle Bishop , Contra Costa Supervisorl,rI I I District; Mi 11 i e Greenberg , Councilmember of the Town Council of the Town of Danville; ( au a Luci a San Ramon Valley Regional Planning Commissioner; and Steve Murphy , Danville Planning Commissioner. This Committee shall be vested with the following powers and duties: A. To establish a timetable and work program in conjunction with the staffs of the County and the Town for the processing of the development application; B. To approve the selection of the respective planning division representatives from the Town and the County who shall serve in the role of Project Planners and shall be vested with the following powers and duties: 1. To work directly with the Applicant and the Coordinating Committee in formulating a development application and participating in negotiations and informal discussions concerning the development of the property; 2. To report to the Coordinating Committee and the officials of each jurisdiction with recommendations for their approval after reviewing all suggestions and recommendations from the staffs of each jurisdiction, the Coordinating Committee, and the Applicant; 3. To prepare staff reports, environmental documentation and related paperwork concerning the development of the property; 4. To coordinate, schedule, and provide all necessary documentation, reports, and recommendations to the Danville Planning Commission and the San Ramon Valley Area Planning Commission as well as to the Danville Town Council and the Contra Costa County Board of Supervisors for the hearing process on the application. 2 C. In the event of different recommendations from the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, the Coordinating Committee will review those differences and seek to resolve them prior to submittal of the project to the Contra Costa County Board of Supervisors and the Danville Town Council. II. Public Hearing and Notice Requirements. The public hearing and notice requirements for the development.applications shall proceed simultaneously with the County and the Town. II1. Simultaneously/Independent Processing. This Agreement contemplates the coordinated processing of the application between the two jurisdictions for simultaneous independent approval with identical findings and conditions of approval. If, for any reason, the Applicant is unable to obtain such approval from either the County of the Town, Applicant may proceed to process its development plan independently in each jurisdiction, and this Agreement shall not have any further force or effect. County and Town shall thereafter retain their respective powers and duties in each of their respective territorial jurisdictions. IV. Fees and Costs. The staffs of County and Town estimate that the total of the application fees, costs associated with the project's environmental review, and County and Town staff surcharges for environmental review may be approximately i Seventeen Thousand Three Hundred ($f7;300.00 ).,In order to expedite processing, Applicant agrees to deposit the sum of 0 Dol l ars ' ($ 0.00 ) in an interest bearing account at a financial institution acceptable to Town and County which account will be in the name of Applicant and all interest accumulating thereon shall be for the benefit of Applicant. The monies in that account shall be available to apply to the foregoing and related expenses as determined by the Town and County through the Pro'e t Planners. If actual costs and expenses exceed Seventeen Thousand Thr ��d 64.00 ), then, upon written notification from the Project Planners, Applicant shall deposit such additional monies in such account as are necessary to complete the processing of its application under this Agreement. Town and County shall determine the allocation, between those two jurisdictions, of each such fee and/or cost. All financial matters shall be administered by the Town. The funds held in this account are and shall remain the property of Applicant but are deposited by Applicant as a good faith effort to have funds available to expedite the processing of the applications. V. Amendment to Memorandum. This Memorandum may be amended by the written consent of the parties to it. 3 Y . Vl. Designation of Lead Agency. The County is hereby designated as the lead agency on this project for all purposes under the California Environmental Quality Act (CEQA). VII. Effective Date of Memorandum. This Memorandum shall remain in effect from July , 1995 until all entitlements have been resolved. VIII. Counterparts. This Memorandum may be signed in counterparts on signature pages attached to form a complete document. Appr ved by Town of Danville: By Mayor, Town of Danville (Council Resolution No. 93-9) Attest: By City Clerk (Acting) By City Attorney 4 Approved by ntra C s C n By C r, ontra Costa County Board of Supervisors (Board Order No. ) Attest- By Co my Administrator an Clerk of the Board of Supervisors Approved as to Form: Victor J. Westman, County Counsel By z�11 r [L,All, ASO dt County Counsel Approved by A licatLn, CORR „_DI LOORP ATION By idney r , President Y ' By Peter L. lief Financial Officer c:planning/gailey/corrie.a 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF A1191y6;16 On before me. DATE SAME.TITLE OF OFFICER F.G..'*JANE DOE.NOTARY PL BLIC" personally appeared, personally known to me(or proved me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(sj,or the entity upon behalf of which the person(s)acted,executed the instrument. LINDA S. MANIZ Comm. #1037867 WITNESS my hand and official sea]. NOTARY PUBLIC CALIFORNIA6 ALAMEDA COUNTY Comm.Expires Sept.5.1998 (SEAL) .......... NOTARY PUBLIC SIGN RE OPTIONAL INFORMATION III`AW TITLE OR TYPE OF DOCUMENT'e/'�T DATE OF DOCUMENT zvh 91ql- NUMBER OF PAGES wa SIGNER(S)OTHER THAN NAMED ABOVE rM W.-W qr, Le ql�