HomeMy WebLinkAboutORDINANCES - 12191995 - 95-63 '} 12-
ORDINANCE NO. 95- 6 3
Shapell Industries, Inc. Development Agreement
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WHEN RECORDED RETURN
TO CLERK,
BOARD OF SUPERVISORS
The Board of Supervisors of the County of Contra Costa ordains as follows:
Section I. Findings. The Board hereby finds that the provisions of that certain development
agreement by and between the County of Contra Costa and Shapell Industries, Inc. relating to the
development project known as The Dougherty Valley General Plan Amendment, Specific Plan
and Related Projects (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 (1)the County's General Plan and the Dougherty Valley
Specific Plan and (2)those certain Agreements to Settle Litigation Relating to the Dougherty
Valley General Plan Amendment, Specific Plan and Environmental Impact Report entered into
by and between Contra Costa County, Windemere Ranch Partners and Shapell Industries of
Northern California and (i)the City of San Ramon and the Town of Danville (dated May 11,
1994); (ii)the City of Pleasanton(dated June 20, 1995); (iii)the City of Walnut Creek(dated
July 11, 1995);-(iv) the East Bay Municipal Utility District(dated September 26, 1995); (v)the
Alamo Improvement Association(dated October 12, 1995); and (vi) several non-governmental
organizations, viz., the Sierra Club, the Greenbelt Alliance, Preserve Area Ridgelands
Committee, Save Our Hills, and the Mount Diablo Audubon Society (dated October 12, 1995).
The Board hereby further finds that the underlying development project to which the
Development Agreement relates was subject to full and proper environmental review under
CEQA, resulting in the certification of an EIR(December 22, 1992), preparation of an
Addendum to the EIR, and consideration of the EIR and the Addendum (December 12, 1995),
which review encompassed the Development Agreement.
Section II. Approval. Pursuant to the authorization provided in sections 65864 et 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 IIl. Repeal. The Board hereby repeals Ordinance No:90-87 (Gale Ranch Development
Agreement) and rescinds in its entirety that certain development agreement entered into between
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the County and Shapell Industries dated October 2, 1990 relative to the property known as Gale
Ranch.
Section IV. Severability. 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.
Section V. Statute of Limitations. No action or proceeding ("Action")maybe 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 (collectively referred to as "Third Party")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 VI. 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 December 19 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier and Torlakson
NOES: Supervisor Bishop
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator
By:
eputy Blare( a
Date: December 19 , 1995
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