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TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON oe„`'0°� County
DIRECTOR OF COMMUNITY DEVELOPMENT o
DATE: March 9, 1994 s�'� -----i^I
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 ands'
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 the 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
c,
RECOMMENDATION OF COUNTY ADMINISTRATOR RF;COMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May , APPROVED AS RECOMMENDED OTHER X
See Addendum for hoard Action.
VOTE OF SUPERVISORS
I .HEREBY CERTIFY THAT THIS IS A
X 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 May 24 , 1994
cc: CAO PHIL BATCHELOR., CLERK OF
Public Works THE BOARD OF SUPERVISORS
Windemere Ranch Partners AND UN ADMI S RA
TOR
Shapell Industries
BY , DEPUTY
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.
On May 10, 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
Supervisors Bishop commented on the deletion of the
affordable housing from the development agreements .
Val Alexeeff, Growth Management and Economic Development,
presented the staff report on the affordable housing issue and
the errata.
Debbie Chamberlin, Community Development Department,
presented the staff report on the proposed project and modified
conditions reflecting the settlement with the Town of Danville
and she commented on changes reflected in the errata.
Mitch Avalon, Public Works Department, presented additions
to the errata sheets for both development agreements .
The following persons presented testimony:
Tom Koch, Project Manager for Shapell;
Dan Coleman, representing Windemere Ranch Partners;
Maria Viramontes, 2037 Coalinga Avenue, Richmond,
representing the Contra Costa Community College District;
Phyllis Roff, 2893 San Carlos Drive, Walnut Creek;
Laurel Impett, 396 Hayes Street, San Francisco, representing
the East Bay Municipal Utility District;
Gregg Carr, 2730 Sherbear Drive, San Ramon;
Jim Blickenstaff, 2491 San Ramon Valley Boulevard, San
Ramon, representing Preserve Area Ridgelands Committee;
Eugene Ross, 500 Court Street;
Mark Armstrong, P.O. Box 218, Danville, representing the
Tassajara Valley Property Owners Association;
Tom Koch spoke in rebuttal .
Dan Coleman spoke in rebuttal .
After further discussion, the Board of Supervisors took the
following action:
CONTINUED to June 28, 1994, at 10 : 30 a.m. , the further
hearings on applications 2993-RZ of Shapell Industries (applicant
and owner) and 2992-RZ of Windemere Ranch Partners (applicant and
owner) and related Development Agreements;
REQUESTED that comments on the proposed documents be
submitted to staff by June 14, 1994 ;
DIRECTED that staff submit material to the Board by June 21,
1994 .
ADDENDUM TO ITEM H. 2
May 24 , 1994
On May 10, 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
Supervisors Bishop commented on the deletion of the
affordable housing from the development agreements .
Val Alexeeff, Growth Management and Economic Development,
presented the staff report on the affordable housing issue and
the errata.
Debbie Chamberlin, Community Development Department,
presented the staff report on the proposed project and modified
conditions reflecting the settlement with the Town of Danville
and she commented on changes reflected in the errata.
Mitch Avalon, Public Works Department, presented additions
to the errata sheets for both development agreements .
The following persons presented testimony:
Tom Koch, Project Manager for Shapell;
Dan Coleman, representing Windemere Ranch Partners;
Maria Viramontes, 2037 Coalinga Avenue, Richmond,
representing the Contra Costa Community College District;
Phyllis Roff, 2893 San Carlos Drive, Walnut Creek;
Laurel Impett, 396 Hayes Street, San Francisco, representing
the East Bay Municipal Utility District;
Gregg Carr, 2730 Sherbear Drive, San Ramon;
Jim Blickenstaff, 2491 San Ramon Valley Boulevard, San
Ramon, representing Preserve Area Ridgelands Committee;
Eugene Ross, 500 Court Street;
Mark Armstrong, P.O. Box 218, Danville, representing the
Tassajara Valley Property Owners Association;
Tom Koch spoke in rebuttal .
Dan Coleman spoke in rebuttal .
After further discussion, the Board of Supervisors took the
following action:
CONTINUED to June 28, 1994 , at 10 :30 a.m. , the further
hearings on applications 2993-RZ of Shapell Industries (applicant
and owner) and 2992-RZ of Windemere Ranch Partners (applicant and
owner) and related Development Agreements;
REQUESTED that comments on the proposed documents be
submitted to staff by June 14 , 1994 ;
DIRECTED that staff submit material to the Board by June 21,
1994 .