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HomeMy WebLinkAboutMINUTES - 12091997 - C87 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 9, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Canciamilla, and DeSaulnier NOES: Supervisor Gerber ABSENT: None ABSTAIN: None ------------------------------------------------------ ----------------------------------------------------- SUBJECT: Corrie Development Construction Company Request IT IS BY THE BOARD ORDERED that consideration of Corrie Development Construction Company's request for waiver of certain conditions relative to the Alamo Springs Project (Subdivision 7452) is CONTINUED to December 16, 1997; and the Community Development Department is DIRECTED to report to the Board on December 16, 1997, on relative issues. cc: Community Development Department Growth Management and Economic Development Agency County Counsel County Administrator I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By �- �' Deputy W 0 V - 2 i6 - 9 7 W E Il 1.7 3 5 F' 0 1 f RECEIVE® November 26 1997 IAV 2 6 W7 :i r, VYLHAUER CONSTRUCTION CLERK BOARD OF SUPERVISORS MANAGEMENT CONTRA COSTA CO. Mark DeSautier Chairman, Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553-1293 RE Alamo r'n bdiviian. 74*S� Dear Mr. Desauluier: T represent Corrie Development Corporation on their Alamo Springs Project (Subdivision 7452), that the Board of Supervisors approved on December 17, 1996. We have been working with the Town of Danville and County staffs to comply with all the conditions of approval for this project, so that we can record the final Subdivision Map. However, it appears that we are in a position of having all conditions completed, with the exception of Conditions 65 (Police Services), 93 (Street Maintenance) and 94 (Park, Street lighting and Landscaping Maintenance). These three conditions require the formation and completion of the Proposition 218 process fvr County Service Area M-30. The. Board, of Supervisors approved the application to LAFCO for CSA M-30 on October 28, 1997. LAFCO approved the formation of CSA, M-30 on November 19, 1997. The earliest the Proposition 218 process can be completed is March 10, 1997. Corrie Development Corporation faces a large financial penalty if the Final Subdivision Map is not recorded in 1997. Because of this we have discussed with both Town and County staffs, the possibility of entering into a deferxal agreement that would allow the recording of the Final Subdivision Map for this subdivision In exchange for appropriate security to insure that Corrie Development Corporation completes its obligation under conditions 65, 93 axed 94. The Town of Danville has scheduled both the deferral agreement and the approval of the Final Subdivision Map for consideration on their December 16, 1997 Town Council meeting. 550 CONTADA CIRCLE DANVILLE,CA 94526 510.820.8636 t,Q,; A-� C FAX 510.820.7061 1 Lac.*40474 5 (��IG P — 0 N� '4l - 2Es - 9T W EIS 1 T 36 � On behalf of Corrie Development Corporation, I request that the Board of ., Supervisors discuss this issue at its December 9, 1997 meeting and direct staff to place the consideration of the deferral agreement and the approval of `VILHAUER the Final Subdivision Map for Alamo Springs on the December 16, 1997 agenda. CONST� iUCTIQN COMMFMEN7C Thank you for your help and consideration. If you have any questions, please MANAGgive me a call at 820-8636. Sincerely, j fGary lhauer cc: Val Alexeeff Debbie Chamberlain Donna Gerber Corrie Development Corporation Rob Twins 550 CONfADA CIRCLE DANVILLE,CA 94526 510.820.8636 FAX 2 510.820.7061 RECEIVED CONTRA COSTA COUNTY DEC 4 1997 COMMUNITY DEVELOPMENT DEPARTMENT CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. TO: Supervisor Donna Gerber, District III DATE: December 1, 1997 FROM: Dennis M. Barry, ACIP Interim Community Dev pment Director SUBJECT: Alamo Springs Project I have investigated the matter which you referred to the Community Development Department on November 20, 1997. I have discussed the matter with staff and they have indicated the following: Mr. Corrie's letter dated November 13, 1997 raises issues concerning the processing of his final map and review of the conditions of approval. Mr. Corrie's letter includes some points that need clarification. We are unable to respond to issues such as scheduling the de-annexation request before LAFCO or his discussions with your office. I understand the issue of the de-annexation and formation of CSA M-30 was considered by LAFCO on November 19, 1997. Mr. Corrie's letter alleges staffs unwillingness to review and respond to his requests for reviewing the conditions of approval for filing the final map. Specifically, his letter states that it was the responsibility of the County and Town of Danville to complete the Joint Exercise of Powers Agreement ("JEPA") and that the jurisdictions failed to do.so in an expeditious manner. As background, the project did not receive final approval from the Town of Danville until January 21, 1997. The action taken by the Town was contrary to the action taken by the Board of Supervisors and required a noticed public hearing before the County Zoning Administrator to conform the two permits. The application was approved on May.19, 1997 and became effective May 29, 1997. It is the responsibility of the applicant to demonstrate compliance with the conditions of approval of their project. The Community Development Department processes hundreds of applications each year. It has always been the business practice of the Community Development Department for the applicant to request the Department to review required submittals for compliance with the approved conditions. A.deposit is required to cover staff cost to review such submittals. It was not until the meeting on August 19, 1997 with Gary Vilhauer that we discussed the procedures for preparing a JEPA or a Memorandum of Understanding. Staff ultimately concluded that a JEPA would be the appropriate document and to expedite the process, recommended Mr. Corrie retain legal counsel with expertise in this field. 2. W. Corrie's letter is correct when it states that DK Associates requested the election for the Police Service District. However, this condition and those related to formation of a lighting and landscape district, street maintenance and park maintenance also required the formation of a Joint Exercise of Powers Agreement. It was not until the September. 16, 1997 meeting that Mr. Corrie verbally requested the JEPA be completed. At that time, the Town of Danville showed a willingness to prepare the document. After further review, the Attorney for the Town of Danville recommended Mr. Corrie's legal counsel prepare the document to expedite the process. McCutheon Doyle, Brown and Enersen subsequently provided the JEPA to the County and the Town on November 3, 1997 and his attorney scheduled a meeting with staff November 18, 1997 to review the document. Additionally, at the September 16, 1997 meeting Mr. Corrie, County and Town staff discussed the possibility of a deferral agreement. The position taken by the County and Town was to consider a deferral agreement only if development rights over the entire property were dedicated to the respective jurisdictions. Furthermore, staff stated they would need to discuss the issue with your office and Council Member Millie Greenberg. Subsequently, you responded to Mr. Corrie's concerns in a letter dated October 20, 1997. On November 12, 1997,_following receipt of your letter, Mr. Vilhauer contacted Val Alexeeff for assistance in placing the deferral agreement before the Board of Supervisors. Mr. Alexeeff indicated that in light of the prior discussion your office had with Mr. Vilhauer and Mr. Corrie, it would not be appropriate for staff to schedule the matter before the Board of Supervisors. He recommended that if Mr. Corrie wish to have the Board consider the issue, that he submit a letter to the Clerk of the Board and have it agendized as a correspondence item. The request was received by the Clerk of the Board on November 26, 1997. We anticipate that it will be listed on the Board agenda for December 9, 1997. A chronology is included that identifies the events which have occurred in processing the Alamo Springs Project from March 8, 1993 to present. More specifically, the chronology shows meetings and discussions that have occurred since January of 1997. The chronology demonstrates that Community Development Department staff has reviewed submittals and provided a response or request for additional information within approximately two weeks of Mr. Corrie's request. Those items that took longer to review or we are still reviewing, such as scheduling meetings or final review of CC&R's, Residential Design Guidelines and landscape and fencing plans, .require coordination with the Town of Danville and/or other appropriate parties. At our meeting on November 18, 1997 Mr. Corrie requested that Conditions of Approval #22, #65, #93 and #94 be deferred to prior to issuance of a building permit. County Counsel indicated that this cannot be done without modifications to the final development plan in a noticed public hearing. Staff indicated that the filing fee for such an amendment is $500.00 plus time and materials after 3. 120% of the application fee has been spent, including the submittal of completed application form and stamped, self-addressed envelopes, with no return address for noticing the property owners within 300-feet of the subject property. The process would require referral to Alamo Improvement Association and would take approximately eight (8) weeks to complete. I hope this response clarifies the issues in Mr. Corrie's November 13, 1997 letter. Should you have any questions, please do not hesitate to call. DJC/aa LT1/Corrie.DJC cc: Members of the Board of Supervisors Clerk of the Board Town of Danville Gary Vilhauer Val Alexeeff BGO File DP953 043 CHRONOLOGY ALAMO SPRINGS Background The County on March 8, 1993 approved the Alamo Springs project with conditions agreed to by the applicant, the Town of Danville and Contra Costa County for 58 residential units and related open space. Between 1993 and 1995 the property was sold to Sid Corrie. In May of 1994 Sid Corrie submitted a new application to reduce the number of units to 53. The Board of Supervisors approved this modification on December 17, 1996 and the Town of Danville on January 21, 1997. Current Status Certain conditions of approval require compliance prior to filing the final map for the project. Of these conditions, three relate to the transfer of funds from the County to the Town of Danville to ensure that adequate services are provided to County residents. These services include police protection, street maintenance and lighting and landscaping. These conditions specifically require that a Joint Exercise of Powers Agreement ("JEPA") be entered into by the County and the Town for the transfer of these funds. (It should be noted that the conditions requiring the JEPA were included in the original 58-unit project approval.) The following events have occurred related to the Alamo Springs Project: • Project approved January, 1997. • The applicant was notified on February 18, 1997 that the Town Council took a different action than the Board of Supervisors and of the need to file an application to reconcile the two approvals. • Application filed on April 23, 1997. • Modification approved by the County Zoning Administrator on May 19, 1997. • Request to process Police Service District submitted to County June 16, 1997. • Grading permit issued May/June, 1997. • July 8, 1997 Andy Palffy of DK Associates verbally informed that JEPA is necessary before proceeding with Police Service District formation. DK Associates acknowledges JEPA needed prior to proceeding. 0 July 17, 1997 Gary Vilhauer contacts staff to discuss items for JEPA. 2. • August 13, 1997 County/Applicant met to discuss processing of deferral agreement; indicated that staff could prepare JEPA but if applicant wants to expedite the process recommended that the applicant hire legal counsel for JEPA and if appropriate Memorandum of Understanding for deferral. • September 16, 1997 County/Town/Applicant met to discuss deferral agreement and formation of County Service Area. County and Town agree with forming a County Service Areal. However, deed of development rights over the property or other assurances would be necessary to enter into a deferral agreement. At a minimum, the Ad Hoc Committee would need to be convened to discuss the issue before any commitments could be made. JEPA is still necessary to coordinate the transfer of funds. Town indicated willingness to prepare JEPA. • September/October, 1997 Attorney for the applicant coordinated with Town Attorney for items to be incorporated into the JEPA. • October 6, 1997 Design Guidelines, CC&R's submitted to Town and County for review. • October 21, 1997 staff response to submittals. • October 28, 1997 Board of Supervisors action on formation of CSA M-30. • October 29, 1997 applicant responds to Community Development Department's October 6, 1997 letter. • JEPA submitted for review by County staff on November 3, 1997. Applicant's attorney calls to schedule meeting for November 18, 1997 with County and Town staff. • On or about November 12, 1997 Gary.Vilhauer inquired as to how to proceed scheduling a deferral agreement before the Board. Staff referred the matter to Val Alexeeff because of the position taken by Supervisor Gerber on any project asking for a deferral agreement. Val Alexeeff recommended that Mr. Vilhauer could submit a letter to the Clerk of the Board and ask the matter be scheduled on the next available agenda. • November 18, 1997 County and Town staff met with applicant to discuss JEPA. Most issues resolved with the exception of Auditor-Controller. Ron Ewing, Town of Danville, will meet with the Town's Financial Director to resolve issue relating to preparation of the CSA Budget and disbursement to the Town. The Town will then coordinate with the County Auditor. • November 19, 1997 LAFCO meeting on de-annexation/annexation and formation of CSA M-30. NOV-20-1997 16:18 SUPERVISOR GERBER 510 820 6627 P.01 309 Diablo Road Danville,California 94528 �.k (510)820-8683 '_.��x Contra Costa County FAX(510)820-6627 n, - Board of Supervisors DONNA GSA dIS7NICY 111$UPEfiVISOR November 20, 1997 To: Dennis Barry, Community Development Interim Director From: Donna Gerber, District III Supervisor Subject: Response to Sidney Corrie, Jr.'s November 13, 1997 Letter Re: Alamo Springs Subdivision #7452 This is to request your assistance in responding to the points Mr. Carrie raised in the above referenced letter. I look forward to receiving this information at your earliest convenience. DG:hf TOTAL P.01 Community Contra Harvey E. BDirector of Community Development DevelopmentCOSta Department County Administration Building 651 Pine Street 4th Floor, North Wing @ _S�Ei;L•o� 1 Martinez, California 94553.0095 `•. Phone: o' s (510) 335-1213 CSO,� �� •GPS• Sr'4 COUti't'1 November 26, 1997 Gary Vilhauer 550 Contada Circle Danville, CA 94526 Dear Mr. Vilhauer: RE Alamo Springs Project: This letter supersedes my letter of November 25, 1997 regarding the above subject matter. Please disregard the letter of November 25, 1997. County Service Area M-30 was formed by the Local Agency Formation Commission on November 19, 1997 and currently has no revenue stream. To satisfy conditions of approval#65, #94,#95 and#96 and fund CSA M-30, an assessment adequate to fund those services identified in the aforementioned conditions of approval, is required to be levied against the subject property. This is accomplished through a special election process as identified in the Proposition 218 Procedures.Please contact Skip Epperly at(510) 313-2253 to request the Proposition 218 process be completed. Please be advised the process can take up to four months to complete. Additionally, I have discussed the issue of combining the Geological Hazard Abatement District ("GHAD") Board with the Alamo Springs Owners' Association Board("HOA")with Skip Epperly. He has indicated that there is no problem with the HOA operating as the Board of Directors for the Alamo Springs GHAD. Since the Board of Directors for the GHAD will not be the Board of Supervisors, I have requested Darwin Meyers,County Consulting Geologist,to review the Plan of Control for the project and determine if it is adequate. I have requested his comments and recommendation by December 5, 1997. Furthermore, I have completed my review of the Residential Design Guidelines, Covenant Codes and Restrictions for the above referenced. The documents as submitted with the comments provided by the Town of Danville on November 13, 1997 are generally acceptable. The County will require all documents be revised and submitted for final review prior to filing the final map. A water budget certified by a landscape architect in accordance with the County's Water Conservation Ordinance needs to provided. The fencing plan needs to be modified as reflected in Gary Vilhauer Alamo Springs, DP953043 November 26, 1997 Page 2 of 3 the November 13, 1997 letter from the Town. Furthermore, the 6-foot privacy fencing shall not extend beyond the residence. The County and Town are still reviewing Management Maintenance Plan for Lot 38. Kevin Gailey is on vacation until December 1, 1997. Preliminary review will be completed the week of December 8, 1997. Furthermore, I am requesting the Management Maintenance Plan be forwarded to Berlogar Geotechnical Consultants ("Berlogar") for review and comment. Since they prepared the geotechnical report, they would have the greatest knowledge in preparing the plan. At a minimum inspections should be completed on a quarterly basis and prior to and after a major event. Please forward comments to the County and Town for consideration. Additionally, the following conditions of approval require compliance prior to filing the final map: #4B A suitable instrument(e.g Bond or Cash Deposit) guaranteeing to the County and Town the survivability of the approved plantings for at least 36-months following completion of plantings. #103 Maintenance Management Plan- Lot 38. This item is still under review as discussed the aforementioned paragraph. The condition also requires the adoption of a budget and funded with"seed money" for the maintenance of Lot 38. Please provide a proposed budget and"seed money" for consideration by the County and Town. Berlogar may be of assistance in.preparing the budget and determining the amount of"seed money"necessary to ensure adequate maintenance. #107A/B As noted on page 2 of Kevin's November 13, 1997 memo on the "Draft Conditions and Restrictions for Alamo Springs"there is no evidence than an easement benefitting Brian Thiessan prior to December 17, 1996 has been established.No access rights can be granted to adjoining properties on the Final Map for 7452. This currently stated on the final map. Furthermore, any proprietary or other rights that the applicant and any other owners have to grant access rights across the subject property to adjacent properties shall be dedicated to the Town and County. The Joint Exercise Powers Agreement("JEPA") has been scheduled for the December 16, 1997 Board of Supervisors meeting. All documents relating to this item must be received by the County no later than December 2, 1997. This will ensure adequate time for County Counsel and Community Development Department to complete their final review and prepare appropriate documentation for the Board of Supervisors consideration. If the documents are received after December 2, 1997, we cannot guarantee that the JEPA will be heard on December 16, 1997. Gary Vilhauer Alamo Springs,DP953043 November 26, 1997 Page 3 of 3 All outstanding charges associated with reviewing the conditions of approval and completing the JEPA are required to be paid prior to filing the final map. We are in the process of preparing an itemized bill, it will be mailed to you shortly. Should you have any questions, or need additional information, you may reach me at(510) 335- 1213. Sincerely, CW Debbie Cham erlain Senior Planner cc Rob Ewing,Town of Danville Kevin Gailey,Town of Danville Adam Lindgren,McCutheon,Doyle,Brown and Enersen Skip Epperly,PWD Heather Ballenger,PWD File DP953043 Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box gear the speakers' rostrum before addressing the Board ll� Cell�L' Name: rh0m. Address: 1 am speaking for myself_or - OMM Of orsani;atioN CHECK ONE: 1 wish to speak on Agenda Item #_ Oater My commerrts will be: general _f6r_a0rw . 1 wish to speak on the subject of . 1 do not wish to speak but leave these coi uIRM is for the Board to consider: Request to Speak Form OC . 77 ( THREE (3) MINUTE LIMIT) Complete this form and place 1t in the box near the speakers' rostrum before addressing the Board ,dame. k`( VL,'0,+V0?— rhone. q32O -e36 �216 I am speaking for myself_aPe organization: CHECKON ' C of F F or ry v7' �N© plSGu€S �� L 1 wish to speak on l�genda Item #_ Oate»_ l2-q-BIZ My comments wilt be: general _.for,_a#,airtst I wish to speak on the subject of _ 1 do not wish to speak but lave these comments for the Board to consider: