HomeMy WebLinkAboutMINUTES - 06071994 - 1.63 I. 6 3
.i ��' •
TO: BOARD OF SUPERVISORS •i Contra
= = `,. Costa
FROM: HARVEY E. BRAGDON �; �a�t'":�iuigi _ County
DIRECTOR OF COMMUNITY DEVELOPMENT o
DATE: May 27, 1994 srg'�oUrt-cA
SUBJECT: Extension of Filing Period for Rezoning/Preliminary Development Plan
for the Wiedemann Ranch Residential Project (File #2947-RZ) in the San
Ramon Area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize a one-year extension of the filing period to expire on
June 8 , 1995 .
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On December 8 , 1992 the Board of Supervisors approved the Rezoning
to Planned Unit District, P-1, preliminary development plan and
tentative map (SUB 7575 and SUB 7578) approval of up to 371
dwelling units for the Wiedemann Ranch project lying south of
Norris Canyon Road on the westside of the City of San Ramon.
The applicant, HCV Pacific Partners, had also filed a Final
Development Plan application (File #3005-91) , but that aspect of
the project had been withdrawn by the applicant prior to hearing.
A Final Development Plan application must still be heard and
approved by the County prior to the commencement of development.
Though the development site lies within the County' s sphere of
influence, the site is not presently within the service area of a
community water or sewer district. An urban service reorganization
will need to be approved by the Local Agency Formation Commission
for the project.
CONTINUED ON ATTACHMENT: X YES SIGNATURE I "
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON .hone 70 1994 APPROVED AS RECOMMENDED x OTHER
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:Robert Drake - 646-2091
Orig: Community Development Department ATTESTED June 7, 1994
cc: HCV Pacific Partners PHIL BATCHELOR, CLERK OF
Gagen, McCoy, McMahon & Armstrong THE BOARD OF SUPERVISORS
City of San Ramon CLrDICOTY, ADMINISTRATOR
County Counsel
BY , DEPUTY
2 .
In a letter dated May 26, 1994 the applicant's legal counsel
indicates that they have been unable to proceed with the project
because of a depressed housing market and because of litigation by
Save Our Hills.
Under the P-1 ordinance, the rezoning and preliminary development
plan have a filing period of 18 months (until June 8 , 1994)
following the Board's approval. Unless extended, the
rezoning/preliminary development plan may expire.
If granted, this extension would constitute the first extension of
five possible one-year extensions of the development permit.
RD/aa
BDI/2947-RZ.RD
5/27/94
�- LAW OFFICES OF
GAGEN; MCCO_Y, MCMAHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGORY L. MCCOY
279 FRONT STREET
PATRICK J. MCMAHON P. 0 BOX 218
MARK L. ARMSTRONGDAN
is VILLE. CALIFORNIA 94526-0218
5
K. : 2�
LINN COOMBS TELEPHONE: (510) 837-0585
- ) I v
STEPHEN W. THOMAS FAX: (510) 838-5985
CHARLES A. KOSS -
MICHAEL J. MARKOWITZ '
NAPA OFFICE
MICHAEL W. CARTER
1001 SECOND STREET, SUITE 315
RICHARD C. RAINES
NAPA, CALIFORNIA 94559-3017
VICTOR J. CONTI
TELEPHONE: (707) 224-8396
BARBARA DUVAL JEWELLMay 26 1994
ROBERT M. FANUCCI , FAX: (707) 224-5817
ALLAN C. MOORE
PLEASE REPLY TO:
PATRICIA E. CURTIN
CAROLE A. LAW
ALEXANDER L. SCHMID
MICHAEL P. CANDELA DanVIIIC
CHARLES A. KLINGE
Harvey Bragdon
Director of Community Development
Contra Costa County
County Administration Building
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553
Re: Wiedemann Ranch Residential Community Project
Request for Extension of Planned Unit District (P-1) Term
Dear Harvey:
As you know, our offices represent HCV Pacific Partners, with
regard to the Wiedemann Ranch Residential Community project. As
you are aware, the Planned Unit District (P-1) zoning, preliminary
development plan (PDP) , and Vesting Tentative Subdivision Maps
(#7575 and #7578) for the project were approved by the Board on
December 8, 1992 (although the P-1 zoning was not formally
established by ordinance until January 26, 1993) .
With regard to the P-1 zoning, which includes the preliminary
development plan, the County Zoning Ordinance at ,§84-66. 1602 (c)
requires an extension of the P-1 zoning if a final development plan
is not submitted within 18 months. Please consider this letter a
formal request for such extension as may be required.
Pursuant to subsection (c) , extensions may be given by the Board
upon "showings of good cause. " HCV has been working toward final
development plan submittal for the past 18 months, and has expended
considerable sums of money during this time period. However,
through reasons beyond HCV,1s control, most notably the ongoing
litigation against the project by Save Our Hills and Preserve Area
Ridgelands Committee, HCV has not been in a position to complete
the entitlement process. Thus, good cause exists for the Board's
extension of the P-1 zoning.
As we further discussed, in our opinion there is no need to
formally request an extension of the project P-1 zoning, because
of the recently enacted SB 428, which added G.C. §66452 . 11 to the
a-
Mr. Harvey Bragdon
May 26, 1994
Page 2
Subdivision Map Act, effective September 13, 1993 (as an urgency
measure) . Subsection (a) provides for an automatic extension of
24 months for all tentative maps. Under this subsection, the
Wiedemann Ranch Residential Community Vesting Tentative Maps were
automatically extended for a period of two years. Further,
subsection (c) provides that "legislative approvals by any agency
of the State of California that pertain to a development project
included in a map that is extended pursuant to subdivision (a)
shall be extended by 24 months.y Thus, in our opinion the P-1
zoning and preliminary development plan approvals, which were
legislative acts by the County which is a subdivision of the State,
were automatically extended.
While we believe that SB 428 automatically extends the P-1 for a
period of 24 months, to avoid any argument, we are making
application for this extension at this time.
In our judgement, at most all that is required to be done within
eighteen months of the P-1 approval date is for the applicant to
file an extension request like this letter. In our opinion, the
Board need not act on the request within eighteen months.
Nonetheless, we would appreciate it if this request is placed on
the earliest possible Board agenda for a decision. I understand
from your conversation with our office that you will attempt to
include this request on the Board agenda for June 7th. You may
contact Allan Moore, me, or Tom Kr_ehbiel of HCV, with any questions
` on this matter.
Thank you for your consideration. of our request. Staff has
indicated that the fee for .this request is $550.00. Enclosed is
a check in this amount.
Ver truly yours,
IMrk L. Armstrong
MLA:kh
Enclosure: (1 Check for $550. 00)
cc: HCV Pacific Partners
Attn: Tom Krehbiel
is\vo12\client\21857\extp2.1tr