HomeMy WebLinkAboutMINUTES - 03151994 - H.4 H.4 a,b, c,d,e
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 15. 1994 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson, and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Rezoning Applications 2992-RZ and 2993-RZ and Related
Preliminary Development Plans and Development
Agreements, Shapell Industries and Windemere Ranch
Partners, Dougherty Valley Area.
On March 8, 1994, the Board of Supervisors continued to this
date the following:
(a) Further hearing on application (2993-RZ) of Shapell
Industries (applicant and owner) for approval of a
rezoning with a Preliminary Development Plan approval
for approximately 2, 708 acres of land from Agricultural
District (A-80) to Planned Unit Development (P-1) to -
construct up to 5, 830 residential units in the
Dougherty Valley area; and
'(b) Further hearing on application , (2992-RZ) of Windemere
Ranch Partners (applicant and owner) for approval of a
rezoning with a Preliminary Development Plan approval
for approximately 2, 416 acres of land from Agricultural
District (A-80) to Planned Unit Development (P-1) to '
construct up to 5, 170 residential units in the
Dougherty Valley area; and
(c) Further hearing on the recommendation of the County
Zoning Administrator on the request of Contra Costa
County and Shapell Industries to review and approve a
development agreement (for rezoning 2993-RZ) known as
Shapell Industries as being consistent with the County
General Plan and Rezoning 2993-RZ in the Dougherty
Valley area; and
(d) Further hearing on the recommendation of the County
Zoning Administrator on the request of Contra Costa
County and Windemere Ranch Partners to review and
approve a development agreement (for rezoning 2992-RZ)
known as Windemere Ranch Partners as being consistent
with the County General Plan and Rezoning 2992-RZ in
the Dougherty Valley area; and
This is the time scheduled to consider the report of the
Community Development Director on an affordable Housing Program
for the Dougherty Valley Specific Plan area.
Dennis Barry, Community Development Department, presented
the staff report on the matters before the Board today and
commented on the staff recommendations as presented.
Debbie Drennan, Community Development Department, commented
on additional language to be included in the Shapell Development
Agreement relative to a provision for on site coordination of
infrastructure improvements.
Supervisor Bishop commented on possible settlement of
litigation and consistency of the documentation for the proposals
with a possible settlement agreement .
Tom Koch, Forward Planning Manager with Shapell Industries
and project manager for the Shapell Industries portion of the
Dougherty Valley project, spoke in favor of the proposals before
the Board.
Tom Jacobsen, McCutcheon, Doyle, Brown and Enersen,
representing Shapell Industries, commented on the number of units
being considered, and on concerns with conditions of approval for
the preliminary development plan.
Zane Gresham, Morrison and Forrester, representing Windemere
Ranch Partners, urged the Board to take action today on the
matters before them.
Phyllis Roff, resident of Walnut Creek, spoke on issues
including affordable housing, Measure C and a settlement in
progress.
Art Weber, 2918 San Mateo Avenue, El Cerrito, representing
the San Francisco Bay Chapter of the Sierra Club, spoke in
opposition.
Herb Moniz, 2222 Camino Ramon, San Ramon, representing the
City of San Ramon, requested that the Board continue any action
on the development agreements to allow time to complete the
settlement agreement .
Mildred Greenberg, 510 LaGonda Way, Danville, representing
the Town of Danville, spoke on the Town of Danville' s concerns
and presented written material, and she requested that the Board
defer any action on the development agreements to allow work
toward a comprehensive settlement agreement .
Pat Boom, 2222 Camino Ramon, San Ramon, representing the
City of San Ramon, commented on the settlement agreement being
worked on and she urged the Board to continue consideration of
the development agreements so there could be consistency in the
documents .
Stuart Flashman, 5626 Ocean View Drive, Oakland, President,
East Bay Municipal Utility District, spoke on written comments
that had been submitted to the board.
Mark Armstrong, P.O. Box 218, Danville, representing the
Tassajara Valley Property Owners' Association, requested more
time to review the proposed development agreements and he
requested the opportunity to review the settlement agreement if
it were made available to the public prior to the approval of the .
three documents.
Mr. Koch spoke in rebuttal .
Mr. Gresham spoke in rebuttal .
Jim Blickenstaff, 2410 Talavera Drive, San Ramon,
representing Preserve Area Ridgelands Committee, spoke on the
notification process, and commented that the process today was
premature.
Val Alexeeff, Director of the Growth Management and Economic
Development Agency, responded on the notification process.
Jim Kennedy, Director of the Redevelopment Agency, presented
the staff report on the affordable housing program.
Supervisor McPeak requested clarification on issues
including the percentage of affordable housing, and the nursing
home credit .
Mr. Alexeeff responded to Supervisor McPeak' s request .
The Board discussed the issue of the nursing home credit,
the affordable housing, and flexibility for style and design of
the affordable units.
Susan- Collins, representing Windemere Ranch Partners,
commented on the Gruen and Gruen report:
The Board discussed the matter.
i
IT IS BY THE BOARD ORDERED that the hearings on the above
matters are CONTINUED to March 22, 1994 at 2 : 00 p.m. in the Board
chambers.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su ry ors on Me date shown.
ATTESTED:
PHIL BA HELOR,Clerk of the Board
Supervi and Count ministrator
County Counsel
Shapell Industries By ,Deouty
Windemere Ranch Partners
•• - Contra
TO: BOARD OF SUPERVISORS • — �
_ M. Costa
FROM: HARVEY E. BRAGDON % County
DIRECTOR OF COMMUNITY DEVELOPMENT ; - .` ;•;�o
DATE: March 9, 1994 covx'�^t
SUBJECT: Rezoning and; Preliminary Development Plans 2992-RZ and 2993-RZ, and
Development Agreements Proposed by Windemere and Shapell Industries in
the Dougherty Valley Area.
SPECIFIC REQUEST(S) OR -RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the -Addendum to the Final Environmental Impact Report
and the Final Environmental Impact Report prepared for the
Doutherty Valley Specific Plan, as being adequate.
2 . Adopt the Mitigation Monitoring Program as prepared for this
project.
3 . , Approve Rezoning 2992-RZ and 2993-RZ with the Condition of
Approval as recommended by the County Planning Commission and
with attached modifications as recommended by staff.
4 . Approve the Findings contained in Resolutions 70-1992 and 71-
1992 as the basis for the Board's action.
5. Introduce the ordinance giving effect to Rezoning 2992-RZ and
2993-RZ, waive reading and set date for adoption of same.
6. Find the , attached development agreements with the
modifications as recommended by staff, are consistent with the
County General Plan and Dougherty Valley Specific Plan.
7 . Introduce the ordinance giving effect to the preliminary .
development plans and rezonings 2992-RZ and 2993-RZ, waive
reading and set date for adoption of same.
8. Introduce t-he ordinance giving effect to Development Agreement
#117 and Development Agreement #118 , waive reading and set
date for adoption of same.
CONTINUED ON ATTACHMENT: X YES SIGNATURE &,Vill
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT' E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Debbie Chamberlain - 646-2031
Orig: Community Development Department ATTESTED
CC: CAO PHIL BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
Windemere Ranch Partners AND COUNTY ADMINISTRATOR
Shapell Industries
BY , DEPUTY
J
1
.a
2 .
9. Authorize the Director of Community Development to sign and
execute the agreements after they have been duly signed by
Windmere Ranch Partners and Shapell Industries.
10. Direct staff to file a Notice of Determination with the County
Clerk.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATION
The Board of Supervisors on December 22 , 1992 , certified the Final
Environmental Impact Report ("FEIR") , which is a tiered FEIR and
addressed policy-level planning decisions, including a general plan
amendment, specific plan, rezonings, preliminary development plans
and development agreements. The Board further approved the General
Plan Amendment and Specific Plan. Concurrently, the Board closed
the public hearing and continued the rezonings, preliminary
development plans and development agreements. Subsequently,
lawsuits were filed challenging the validity of the Environmental
Impact Report and planning approvals. These items have been
continued numerous times to allow settlement discussions to
proceed.
The rezonings and preliminary development plans applications as
presented, are unchanged from the Planning Commissions recommenda-
tion of December 1, 1992 and December 2 , 1992 . However staff is
recommending Condition of Approval #4 be added to ensure that all
land, under the control of the developer, necessary for master
improvements, (e.g. major arterial and arterial road, community
park ,creek improvements, etc. . . ) be dedicated prior to filing the
first final map for any phase. Staff has modified the conditions
of approval to reflect this recommendation.
The development agreements are presented with minor modifications
to reflect (1) finalization -of the traffic improvement list; (2)
Dougherty Valley Affordable Housing Program; and (3) additional
language to ensure compliance with general plan growth management
standards continuing beyond the current general plan horizon.
1I
H. �}
' e o
Contra
TO: BOARD OF SUPERVISORS A, Costa
HARVEY E. BRAGDON 's
County•'�
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: March 3, 1994 UK`tY
SUBJECT: Continued Hearings. on Development Agreements Between Contra Costa
County, Windemere Ranch Partners . and Shapell industries, and
Preliminary Development Plans and Rezoning 2992-RZ and 2993-R2 in the
Dougherty Valley Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) .& BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Continue further hearings on the rezonings, development agreements
and preliminary development plans until March 15, 1994.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Settlement discussions regarding the litigation on these items
continues. The suggested continuance would provide an opportunity
to work out final details.
CONTINUED ON ATTACHMENT: YES SIGNATURE •�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF;BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS j
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: .NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Debbie Chamberlain - 646-2031
Orig: Community Development Department ATTESTED
CCs PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
• ' , .i � �='•••
TO: BOARD OF SUPERVISORSContra.
Costa
FROM: HARVEY E. BRAGDON a�.; ;� County
DIRECTOR OF COMMUNITY DEVELOPMENT '•. ;o
DATE: March 9, 1994 c`ourr[� �
SUBJECT: Consideration of the Affordable Housing Program for the Dougherty
Valley Specific Plan Area
SPECIFIC REQUEST(S) - OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt for implementation the Affordable Housing Program for the
Dougherty Valley Specific Plan area, as presented by staff.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Dougherty Valley Specific Plan was adopted on December 11,
1992, which requires at least 25% of the units to be affordable to
very low, low and moderate income residents. The program details
how this requirement will be met along with guidelines for its
implementation.
CONTINUED ON ATTACHMENT: YES SIGNATURE -'�
I-IHILV'�-� C. LIRA- La]ni
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Debbie Chamberlain - 646-2031
Orig: Community Development Department ATTESTED
cc: Public Works Department PHIL BATCHELOR, CLERK OF
Redevelopment Agency THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY