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HomeMy WebLinkAboutORDINANCES - 12131994 - 94-73 r ORDINANCE NO. 94- 73 The Board of Supervisors of the County of Contra Costa ordains as follows: Section I: The Board hereby finds that the provisions of the Development Agreement (Development Agreement) between the County of Contra Costa and Jeffrey C. and Nancy A. Wiedemann, Wiedemann Ranch, Inc. , Susan Christensen and HCV and Associates, Ltd. , relating to a residential development on approximately 1, 143 acres located in the unincorporated portion of the County near San Ramon (project or Wiedemann Ranch Residential Community project) , 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 Countyfs General Plan. Section II: The Board hereby finds that adoption of this ordinance and approval of the Development Agreement complies with the requirements of the California Environmental Quality Act (CEQA) . A. The Board hereby finds that no further environmental review is required for the Development Agreement. The Environmental Impact Report for the Wiedemann Ranch Residential Community project (EIR) assessed the environmental impacts of the Development Agreement. The environmental impacts of the project, including the Development Agreement, are addressed in the CEQA Findings and project findings for the project, which are incorporated herein by reference, and the Board makes these f indings in part based upon all such prior findings, as well as the entire administrative record for the project. Further, the Development Agreement merely implements the project as set forth in the EIR, with no new significant impacts. As further set forth below, no conditions exist herein for additional environmental review. 1. No substantial changes are proposed in the Development Agreement which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 1 2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken, which require major revisions to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3. No new information of substantial importance has been brought forth. B. Pursuant to CEQA at PRC § 21083.3 (a) , the EIR was certified for the zoning for the project, the Development Agreement is consistent with such zoning, which allows for a residential development, and there are no new effects upon the environment peculiar to the project, project site or Development Agreement not addressed as significant effects in the EIR, and there has arisen no substantial new information showing any such effects will be more significant than described in the EIR. C. Pursuant to CEQA at PRC §21083 .3 (b) , the Development Agreement is consistent with the County General Plan (Plan) , and an environmental impact report was certified for such Plan, and there are no new effects on the environment which are peculiar to the project, project site or Development Agreement not addressed as significant effects' in the environmental impact report for such Plan, and there has arisen no substantial new information showing any such effects will be more significant than described in such environmental impact report. Section III: The Board hereby approves the Development Agreement pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the State of California. The Board hereby authorizes the Director of Community Development to sign the Development Agreement on behalf of the County of Contra Costa. 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 section, subsection, subdivision, paragraph, sentence, clause or phrase. 2 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 Contra Costa Times, a newspaper published in this County.. PASSED on necPmher 13 , 1994 by the following votes: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BPACHELQR, Cl rk of t of rvisors By: Board Chair i:\vo12\c1ient\21621\dahcv.mmo 3