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HomeMy WebLinkAboutORDINANCES - 12031991 - 91-56 ORDINANCE NO. 91-56 (Dean S . Lesher First Amended Development Agreement) The Board of Supervisors of the County of Contra Costa ordains as follows : SECTION I : The Board hereby finds that the First Amended Development Agreement between the County of Contra Costa and Dean S . Lesher, relating to 690 acres of real property located on Hotchkiss Tract in the Bethel Island Area Specific Plan area, which is on file with the Clerk of the Board, and which has been recommended for approval by the County Zoning Administrator, is consistent with the County' s General Plan adopted on January 29 , 1991 , and the Bethel Island Area Specific Plan as amended on April 16 , 1991 . The First Amended Development Agreement supersedes the Development Agreement approved by the Board of Supervisors pursuant to Ordinance No. 90-89 on October 2 , 1990 . SECTION II : The Board finds, consistent with Government Code Section 65457 , or as otherwise provided by law, that the First Amended Development Agreement is exempt from the California Environmental Quality Act ( "CEQA" ) . The First Amended Development Agreement is exempt under Government Code Section 65457 and CEQA Guidelines Section 15182 because it is consistent with the Specific Plan (development consistent with the First Amended Agreement by its terms must be consistent with the Specific Plan) for which an EIR has been previously certified. The law does not require the County to post or file any notice explaining that the First Amended Development Agreement is exempt from further environmental review. The Specific Plan Final Environmental Impact Report ( "Specific Plan Final EIR" ) was certified and Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring Program, based upon review and consideration of the Specific Plan Final EIR, were originally adopted for the Specific Plan by the Board of Supervisors on July 10, 1990 by Resolution Nos . 90/454 and 90/457 . Amendments to the Findings of Fact were approved by the Board of Supervisors on April 16 , 1991 by Resolution 91/225 , consistent with the amendments to the Specific Plan. Supplemental Findings were also approved on November 5, 1991 by Resolution No. 91/732 . The Board, as authorized by Government Code Section 65457 , and through Public Resources Code Section 21166 and CEQA Guideline Section 15182, has determined that no further environmental documentation is required for the First Amended Agreement in that: (i) this is a residential project within the meaning of Government Code Section 65457 and CEQA: (ii) there are no changes proposed in the First Amended Development Agreement -1- ORDINANCE NO. 91-56 which involve new significant environmental impacts not previously considered; (iii ) no subsequent changes are anticipated to occur with respect to the circumstances under which development pursuant to this First Amended Agreement will be taken; and (iv) no new information has become or is expected to become available which will relate to significant effects not previously discussed; nor is there any information that mitigation measures or alternatives previously not found to be feasible or not previously considered would reduce any significant impact . In addition, the Board finds that no further environmental review is necessary since the Final EIR assessed the environmental impacts of development agreements consistent with the Specific Plan as amended, such as the First Amended Development Agreement, as indicated in Addendum Number Two to the Final EIR. The Board has reviewed the Specific Plan Final EIR and hereby concurs in and ratifies the previous certification that the Specific Plan Final EIR has been completed in accordance with CEQA and all state and County guidelines pertaining thereto. Mitigation measures were suggested in the Final EIR in order to minimize the adverse effects . The feasible mitigation measures suggested in the Final EIR were adopted, along with other mitigation measures and changes in the project, by the County. The First Amended Development Agreement is consistent with previous County actions as amended and its intent regarding the Subject Property, in that it contemplates development consistent with the Specific Plan and/or the General Plan, and incorporates by reference all the terms and conditions which have been previously. adopted by the County regarding development within the Bethel Island Planning Area . In the alternative, the Board finds that the First Amended Development Agreement is exempt from further CEQA review consistent with Public Resources Code Section 21083 . 3 . The First Amended Development Agreement is consistent with the newly- adopted General Plan, for which an environmental impact report was certified ( "General Plan EIR" ) . The First Amended Agreement does not create any environmental effects that are peculiar to the subject property and that were not addressed as significant in the General Plan EIR. The First Amended Development Agreement simply provides a vehicle for future implementation of the General Plan and gives the County and the developer the assurance that they can rely on the policies, rules, and regulations in the General Plan through the term of the First Amended Agreement. No land use entitlements are provided beyond assuring stable General Plan policies , rules and regulations through the duration of the County development process for the Subject Property. Under this alternative, the General Plan EIR provides for sufficient -2- ORDINANCE NO. 91-56 environmental review for the First Amended Agreement . Even if the Specific Plan is rescinded or set aside, its policies and content may be used as nonbinding guidelines for land use decisions in the Bethel Island Planning Area with the General Plan being the underlying legislative authority and direction for such decisions . Under such circumstance, the Specific Plan EIR need not be relied on as a program EIR for future land use decisions in the Bethel Island Planning Area . A new EIR for development applications consistent with the General Plan would be required . The Board further finds that the First Amended Development Agreement simply reconfirms the parties ' intentions and desire to implement the Specific Plan and/or the General Plan. Based on the foregoing statutes and other CEQA provisions , no further environmental review, notice, or other documentation is required at this time. SECTION III : The Board hereby approves , pursuant to the authorization provided in section 65864 et seg. of the California Government Code, the First Amended Development Agreement between the County of Contra Costa and Dean S . Lesher. .SECTION IV: 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 other section, subsection, subdivision, paragraph, sentence, clause or phrase. -3- ORDINANCE NO. 91-56 SECTION V: This ordinance becomes 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 ANTIOCH DAILY LEDGER , a newspaper published in the County. PASSED on December 3 , 1991 by the following votes . AYES: Supervisors Fanden, McPeak, Torlakson and Powers . NOES: None ABSENT:- Supervisor Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator C o By: Depultj and Chair df3:9alomon.ord _4 91-56 ORDINANCE NO.