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HomeMy WebLinkAboutMINUTES - 05211985 - T.8C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AdoG.ed this Order on May 21 . 1985 _ . by the following vote: AYES: Supervisors Powers, Schroder, Torlakson and Fanden NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: BLACKHAWK COMMERCIAL CENTER: Setting ) Forth Findings and Approving and ) Certifying the Negative Declaration ) with Respect to the Applications of ) Resolution No. 85/258 Blackhawk Corporation and Behring ) Educational Institute, Inc. (Owners ) and Applicants) for the Blackhawk ) Commercial Center. ) WHEREAS, pursuant to the requirements of the California Environmental Quality Act and State and County Guidelines, a Negative Declaration has, been prepared, as set forth in the Initial Study, dated March 14, 1985, and duly noticed, pursuant to a Notice of Preparation, dated March 18, 1985, for the following applications for the Blackhawk Commercial Center: 1. General Plan Amendment (7-85-SR); 2. Rezoning and Preliminary Development Plan (2624-RZ); 3. Final Development Plan (3009-85); 4. Tentative Map (6586); and 5. Request for Approval of a Property Development Agreement (Blackhawk Commercial 'Center) pursuant to Government Code section 65864 et seg.; and WHEREAS, the Initial Study determined from a review of the changes resulting from the redesign of the Blackhawk Commercial Center that a subsequent Environmental Impact Report was not required with respect to the aforesaid applications; and WHEREAS, the Negative Declaration, together with comments received prior to expiration of the duly noticed period for a review of the Negative Declaration, and together with comments presented during the San Ramon Valley Area Planning Commission hearings April 17, 1985, and May 1, 1985, were reviewed and considered by the Commission prior to approving or recommending approval of the aforesaid applications; and WHEREAS, pursuant to the provisions of Government Code Section 65091 and County Ordinances, a duly noticed public hearing was held before the Commission on April 17, 1985, and May 1, 1985, at the request of the Owners and Applicants to gain approval of the aforesaid applications; and RESOLUTION 85/258 t WHEREAS, the Commission reviewed the staff reports dated April 17, 1985, and May 1, 1985, submitted to it concerning the issuance of a Negative Declaration; and �c WHEREAS, by Resolution No.. 23-1985(SR), . adopted May 1, 1985, by a vote of 6-0, the Commission found on the basis of the Initial Study, the staff reports and the comments received that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, by the aforesaid Resolution, the Commission approved and certified the Negative Declaration for the Tentative Map (6586); and WHEREAS, by the aforesaid Resolution, the Commission approved and recommended approval and certification of the Negative Declaration fqr the General Plan Amendment (7-85-SR) to the Board of Supervisors; and WHEREAS, by the aforesaid Resolution, the Commission recommended approval and certification to the Board of Supervisors of the. Negative Declaration for the following: 1. Rezoning and Preliminary Development Plan (2624-RZ); 2. Final Development Plan (3009-85); and 3. Property Development Agreement (Blackhawk Commercial Center); and WHEREAS, by the aforesaid Resolution, the Commission instructed the Director of Community Development to prepare the necessary transmittals and to submit them to the Board of Supervisors in accordance with the Government Code of the State of California; and WHEREAS, as a result of meetings between representatives of , the owners of homes on Silver Maple Drive, adjacent to the project, and representatives of the Applicants held subsequent to the Commission's approval and recommendation for approval, as applicable, of the aforesaid applications, and based upon a letter from Applicants to the Silver Maple Homeowners Group, dated May 17, 1985, and a letter from the Silver Maple Homeowners Group to the Board of Supervisors, dated May 17, 1985, an agreement has been reached between the aforesaid homeowners and Applicants, pursuant to which Applicants have proposed substantial planning modifications to the project in response to concerns expressed by the homeowners and pursuant to which the homeowners, in consideration of such proposed modifications, have agreed to officially remove all opposition to the project as is presently before the Board of Supervisors; and WHEREAS, Barton-Aschman Associates, Inc. has prepared and submitted to staff the following memoranda, dated April 24, 1985, containing supplementary traffic analyses with respect to the project: 1. Supplementary Traffic Analysis for Blackhawk Commercial Center; 2. Average Daily Traffic Generation from Proposed Development Surrounding Blackhawk Area; and 3. Comparison of Traffic Volume for the Original Zoning and New Zoning for Commercial Site -- Blackhawk Development; and -2- RESOLUTION 85/258 WHEREAS, the Negative Declaration, together with comments received prior to expiration of the duly noticed period for a review of the Negative Declaration, and together with comments presented , • during the Board of Supervisors' hearing May 21, 1985, which comments addressed the issue of the sufficiency of the Negative Declaration in, light of the alleged existence of public controversy with respect to the project, were reviewed and considered by the Board of Supervisors prior to approving the following: 1. General Plan Amendment (7-85-SR); 2. Rezoning and Preliminary Development Plan (2624-RZ); 3. Final Development Plan (3009-85); and 4. Property Development Agreement (Blackhawk Commercial Center); and ' WHEREAS, a duly noticed public hearing was held before the Board of Supervisors on May 21, 1985; and WHEREAS, the Board of Supervisors has reviewed the staff reports dated April 17, 1985, and May 1, 1985, and all other transmit- tats by the San .Ramon Valley Area Planning Commission submitted to the Board of Supervisors concerning the issuance of a Negative Declaration; WHEREAS, the May 1, 1985 staff report references five previously certified Environmental Impact Reports for the Blackhawk Ranch project containing environmental documentation relevant to the project, which the Board of Supervisors is aware of and has reviewed and considered in connection with previous decisions affecting the project; and WHEREAS, in particular, by Resolution No. 74/772, the Board of Supervisors, in approving the rezoning for the commercial center as originally proposed as a 47 commercial acre project, reviewed and considered EIR 1840-RZ and found that the environmental impacts were mitigated; and WHEREAS, in particular, by Resolution No. 78/450, the Board of Supervisors, in approving the general plan amendment for the relocation of the previously approved 47-acre commercial center to the currently proposed site, reviewed and considered EIR 2182-RZ and found that the environmental impacts were mitigated; and WHEREAS, the May 1, 1985 staff report further references five previously certified Environmental Impact Reports for other nearby projects containing additional environmental documentation relevant to the project; NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: 1. Findings: The Board, at a duly noticed regularly scheduled meeting held May 21, 1985, makes the following findings on the basis of the Initial Study, the staff reports, the previously certified Environmental Impact Reports referenced therein relevant to the project, the transmittals submitted by the San Ramon Valley Area Planning Commission, the aforesaid proposal by Applicants of substantial planning modifications to the Project in response to the Silver Maple Drive homeowners' concerns, the aforesaid memoranda containing supplemental traffic analyses and the comments received: (a) The previously approved Blackhawk Ranch project is a large project consisting of 2,237 units and 4,800 acres; (b) The project involves the addition of only 20 commercial acres to the previously approved 4,800-acre Blackhawk Ranch development; _3— occni irrTnm nr,/9r.R (c) Ten Environmental Impact Reports containing environmental documentation relevant to the project have previously been certified and, in particular, EIR 1840-RZ, by Board of Supervisors Resolution No. 74/772, and EIR 2182-RZ, by Board of Supervisors Resolution No. 78/450; (d) There is no substantial evidence that the project will have a significant effect on the environment; (e) No substantial changes, are proposed in the project which would require major or important revisions of the previously certified Environmental Impact Reports; (f) No substantial changes have occurred with respect to the circumstances under which the project is being undertaken which would require major or important revisions in the previously certified Environmental Impact Reports; and (g) No new information of substantial importance to the project, which was not known and could not have been known at the time the previous Environmental Impact Reports were certified as complete, has become available. 2. Negative Declaration: No subsequent Environmental Impact Report is required for the project. The Negative Declaration for the following is hereby approved and ,certified: (a) General Plan Amendment (7-85-SR); (b) Rezoning and Preliminary Development Plan (2624-RZ); (c) Final Development Plan (3009-85); and (d) Property Development Agreement (Blackhawk Commercial Center). I hereby eertltf►that this 1s a true and correct copy of an action taken and entered on the minutes of ft Board of Supmisors on the date shown. ATTESTED: MAY 2 11985 PHIL BATCHELOR,Clerk of the Board of 8uperviscrs and County AdmMMW~ By h cc: Public Works Director Dir. of Community Development County Counsel Behring Educational Institute, Inc. Blackhawk Commercial Center i I I -4- f RESOLUTION 85/258 ;