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HomeMy WebLinkAboutMINUTES - 06281994 - 2.8 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: June 28, 1994 SUBJECT: DOUGHERTY VALLEY OVERSIGHT COMMITTEE (DVOC) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPOINT two representatives from the County, one Supervisor and alternate plus one staff member with the opportunity to designate, to fulfill our obligation on the Dougherty Valley Oversight Committee (DVOC) . In our opinion, this will provide balance to the meetings and responsiveness to the different types of issues that occur. FISCAL IMPACT It is presumed that the time spent by County will be recovered through fees in connection with the Dougherty Valley applications. BACKGROUND/REASONS FOR RECOMMENDATIONS As part of the settlement agreement, the County and the cities of San Ramon and Danville, agreed to establish an advisory committee (see Exhibit F) . The purpose of the advisory committee is to provide formal comment, opportunities and discussion for the two cities. Items to be discussed will range from the pending General Plan application for Country Club at Gale Ranch to design issues related to construction. It appears prudent to set the process for the committee at this time because there are issues related to the settlement, TVPOA, court decisions, and others that would b nefit from interjurisdictional discussion. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA BOAR MMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 28, 1994 APPROVED AS RECOMMENDED X OTHER The Board determined that it desired to have two supervisors on the above committee and one supervisor as alternate, and that staff would be involved as resource. The Board APPOINTED Supervisors Bishop and Smith as the County representatives, and Supervisor DeSaulnier as the alternate .to the Dougherty Valley Oversight Committee. 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. Orig: GMEDA ATTESTED June 28, 1994 cc: Val Alexeeff (646-1620) County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS GMEDA Departments AND COUNTY ADMINISTRATOR City of San Ramon Town of Danville BY , DEPUTY • EXHIBIT F CONFERRAL PROCESS The Dougherty Valley Oversight Committee ("DVOC") shall be an advisory committee established and constituted in the manner described below. Through the DVOC, San Ramon and Danville shall have the right to meet and confer with representatives of the County, the Developers and, where appropriate, service providers, as described below. I. Representation in DVOC A. Members The DVOC shall be made up of the following regular members, who may be staff or elected officials: • Two representatives of the County • Two representatives of San Ramon • Two representatives of Danville • One non-voting representative of Shapell Industries, Inc. (permanent invitee) • One non-voting representative of Windemere Ranch Partners (permanent invitee) B. Additional representatives at DVOC meetings The DVOC may ask nonmembers to attend meetings of the DVOC, including representatives of special districts and other service providers. As it deems appropriate, the DVOC may also allow additional representatives of any of the entities represented in the DVOC. H. Activities of the DVOC A. Conferral Regarding Approval and Development of Dougherty Valley: (F-i) • A range of discretionary land use approvals will be needed from the County to develop the Dougherty Valley. County staff shall submit to the DVOC preliminary data with respect to any decision described in Section 4.5.3 of the Settlement Agreement, accept comments on such decision from the DVOC and include such comments in the applicable staff report. There shall be at least one public meeting of the DVOC with respect to any such matter, which meeting shall be held prior to the County's first public hearing on the matter; provided, however, that County may proceed with any hearing and decision if the DVOC has not commenced or completed its meetings regarding such matter within a reasonable period of time. B. Annual Compliance Reports Regarding Performance Standards in CIP The following describes the process for consideration of the Annual Compliance Reports as provided in the Compliance Monitoring Program (Exhibit G) established for the Dougherty Valley. 1. On or before October 15 of each year, the Developers shall submit to the County's Community Development Department a report of the preceding year's construction activities and their anticipated construction activities for the next three years. 2. On or before November 15 of each calendar year, County staff shall present an Annual Compliance Report and appropriate supporting documents to the DVOC, which shall, prior to December 15 of such year, hold a public hearing with respect to such report. 3. The DVOC shall review the Annual Compliance Report and those supporting documents presented to it and make comments, if appropriate, to County staff regarding the Annual Compliance Report. 4. County staff shall submit its Annual Compliance Report, as it may be revised, to the County's Director of Community Development or his or her designee (the "Community Development Director"). County staff shall also provide the Community Development Director with a staff report that includes the comments of the DVOC. 5. The Community Development Director shall consider the Annual Compliance Report at a noticed public hearing. After considering the evidence presented at such public hearing, the Community Development Director shall adopt, adopt with modifications, or reject the Annual Compliance Report. (F-ii) • 6. Prior to January 30 of each calendar year, and based on the Annual Compliance Report, the Community Development Director shall make a determination regarding compliance with the Performance Standards. 7. The determination of the Community Development Director shall be appealable to the Board of Supervisors within ten (10) calendar days of such determination. 8. If San Ramon or Danville disagrees with the Board's disposition of such an appeal, the disagreement shall be subject to the dispute resolution process established under Article V of the Settlement Agreement. C. Conferrals Regarding Intermediate Action As and at the times described in Exhibit G to the Settlement Agreement, the DVOC shall meet when development reaches certain specified unit counts to discuss, among other things, the scheduling and identification of certain intermediate actions appropriate to facilitate achievement of the Performance Standards. D. Other Meetings of DVOC Any member of the DVOC may request a meeting of the DVOC to _discuss any matter regarding development of the Dougherty Valley, upon written notice to the DVOC members. Such request shall be granted at the earliest reasonable time. (F-iii) 4.5 Participation by San Ramon and Danville in Approval Process Modifications. 4.5.1 General. As set forth above and more fully described on Exhibit F, attached, San Ramon and Danville shall be included in the Dougherty Valley Oversight Committee and thereby assured the right to review and comment on. proposals for development to occur in the Dougherty Valley. This Sectio%L5 outlines in greater detail the rights of San Ramon and Danville with respect to such review and comment. This Sectiop-4.5 also outlines the rights of San Ramon and Danville with respect to changes in the Yertormance Standards and other plans, approvals and policies related to the Project. 4.5.2 Modifications to this Agreement. Except as otherwise specifically stated herein, any modification to or amendment of a Performance Standard or any other term or provision of this Agreement, shall require the prior written notice to all Parties and approval and written consent of the County, each of the Developers and (to the extent such modification or amendment would directly affect such Petitioner City) San Ramon or Danville, or both. 4.5.3 Major Discretionary Approvals. The County shall, directly or through the Conferral Process, give good faith consideration to the comments of San Ramon and Danville in connection with the County's consideration of the following actions or approvals relating to the Dougherty Valley: (i) any and all general plan amendments, amendments to the Specific Plan, approvals of and amendments to development agreements, approvals of rezonings and preliminary and final development plans�pprovals and amendments of tentative subdivision maps and the issuance of conditional use permits, (ii) the identification of service providers for the Project, (iii) the identification of major public facilities not currently shown in the Specific Plan, (iv) the approval of initial grading concepts and changes thereto involving significant increases in the amount of grading, (v) changes in the phasing or location of any police or fire station, school, library, community center or senior center shown on an approved tentative map, and (vi) upon the specific written request of San Ramon or Danville (if such request is received by County within fifteen (15) calendar days after delivery of notice to San Ramon and Danville under Section 4.5.4 below), any matter described in Section 4.5.4 below. 4.5.4 Actions Requiring Special Notice. The following minor actions shall not require advance conferral with San Ramon or Danville; provided, however, that San Ramon and Danville shall receive twenty (20) calendar days' advance notice of the County's consideration of such actions, and be afforded an opportunity to request review of such action by the DVOC. Such minor actions shall include: (i) lot line adjustments, (ii) approval of architecture and landscaping plans, (iii) minor adjustments of permitted building height for individual structures, (iv) minor increases in grading beyond that shown in an initial approved grading concept and (v) changes in the phasing or location of improvements within the area covered by a single tentative subdivision map (other than those described in Subsection 4.5.3(vi) above). ti