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HomeMy WebLinkAboutRESOLUTIONS - 12191995 - 95-639 f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopts this Order on December 19, 1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson NOES: Supervisor Bishop ABSTAIN: None ABSENT: None SUBJECT: In the Matter of Shapell ) RESOLUTION NO. 95(639 Industries Application for ) Rezoning and Approval of ) Preliminary Development Plan ) The Board of Supervisors of the County of Contra Costa County RESOLVES as follows: This Board adopted the Dougherty Valley General Plan Amendment and the Dougherty Valley Specific Plan on December 22, 1992, by Resolution Nos. 92/866 and 92/867. These approvals were the subject of an environmental impact report("EIR"). On December 22, 1992, by Resolution No. 92/864,which resolution is incorporated herein by reference,this Board certified the EIR and adopted CEQA Findings and Resolutions Related to Approval of the Dougherty Valley General Plan Amendment and Specific Plan, and on December 19, 1995,this Board considered the EIR and an Addendum to the EIR. Based upon its review and consideration of the EIR,the Addendum and other evidence in the record,the Board has determined that the EIR and the Addendum have been prepared in accordance with CEQA and, as more fully described in the Addendum, no subsequent or supplemental EIR would be appropriate for this Board's consideration of the Preliminary Development Plans, Rezonings and Development Agreements. we-3267 I 95/639 There is filed with the Community Development Department an application pertaining to approximately 2,000 acres within the planning area of the Dougherty Valley Specific Plan, seeking to rezone the site from Agricultural District(A-80)to Planned Unit District(P-1) and requesting the adoption of the Preliminary.Development Plan. This application,together with the Dougherty Valley General Plan Amendment and Specific Plan, were the subject of duly noticed public hearings by the County.Zoning Administrator,the County Planning Commission, the San Ramon Valley Regional Planning Commission and this Board. On December 1, 1992, the County Planning Commission adopted Resolution No. 70- 1992, recommending that this Board adopt the requested Rezoning and Preliminary Development Plans,with recommended conditions of approval. On December 15, 1992, this Board directed staff to incorporate certain minor modifications into the development to address issues raised by the County Planning Commission, staff reports of November 16, 1992,November 22, 1992, and December 1, 1992, and the San Ramon Valley Regional Planning Commission. This Board declined to take action on the Rezonings, Development Agreements and Preliminary Development Plans in 1992, pending the resolution of certain issues. Since that time, the County's efforts have focused on resolving those issues and on resolving litigation associated with the project. As this time, all issues have been resolved and all litigation associated with the project has been settled. Having considered the EIR, the Addendum, oral and written public testimony, and other evidence before the Board, and based on findings in Resolution 70-1992 by the Planning Commission, this Board is satisfied that: A. The development is a large-scale integrated development which provides a cohesive design in harmony with the surrounding area and demonstrates compliance with the Growth Management Element of the General Plan. The mitigation measures imposed as Conditions of Approval will ensure that the Project meets service performance standards established in the General Plan,the Dougherty Valley Specific Plan and County Code. B. The applicant has indicated that it intends to commence construction within two and one-half years of the effective date of the Rezoning and Preliminary Development Plan, approval. C. The project is consistent with the County General Plan as amended by the 1992 Dougherty Valley General Plan Amendment and the Dougherty Valley Specific Plan, which designate this site for residential and commercial uses, substantial open space, retail, offices and community service uses. D. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. The project we-3267. 2 95/639 rf density is in accord with the 1992 Dougherty Valley General Plan Amendment and Specific Plan for this area. E. The project is needed at the proposed location to provide adequate commercial facilities to support the residential development. Such facilities will not create an impact on roadway systems because of the implementation of mitigation measures as described in the Final Environmental Impact Report and the Addendum. The design of commercial facilities will be reviewed under Final Development Plan applications for said areas to ensure that traffic congestion will be obviated by presently projected improvements; and by demonstrable provisions in the Preliminary Development Plan for proper entrances and exits; and by internal provision for traffic and parking. Also, such review will ensure that the proposed commercial facilities will be an attractive and efficient center and fit harmoniously into and will have no adverse effects upon the adjacent or surrounding developments. F. Overall, the project represents a harmonious, integrated plan whose long-term buildout justifies exceptions from the normal applications of the County Code to allow for flexibility and the ability to respond to changing planning needs over time. G. The requested Rezoning and Preliminary Development Plan are consistent with 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,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); (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). Being satisfied of the foregoing matters,this Board on this date has by Ordinance No. 95-62 amended the Zoning Map to rezone the project site from Agricultural District(A-80) to Planned Unit District(P-1). NOW, THEREFORE, BE IT RESOLVED that this Board hereby adopts the Preliminary Development Plan, subject to the conditions attached hereto as Exhibit A. Orig. Dept.: Director of Community Development M hereby certify that this is a true and correct copy of CC: County Administrator an action taken and entered on the minutes of the tymnStratOr Board of Sura on thk date shown. C...4141d Director of Growth Management and ATTESTED: 5 Economic Development Agency PHIL BATCHELOR,Clerk of h Board uperyis and Coun inistrator County Counsel U By - Deputy we-3267 3 95/639