HomeMy WebLinkAboutMINUTES - 05231995 - H5 H. 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 23 , 1995 by the following vote :
AYES : Supervisors Rogers, Smith, Bishop, DeSaulnier, Torlakson
NOES : None
ABSENT:None
ABSTAIN:None
SUBJECT: Hearing on Rezoning Request 2963-RZ, Hofmann
Construction Company and Edna M. Fallman in the
Discovery Bay Area.
On May 16 , 1995, the Board of Supervisors continued to this
date the hearing on the recommendation of the East County
Regional Planning Commission on the request by Hofmann
Construction. Company (applicant) and Hofmann Construction Company
and Edna M. Fallman (owners) for approval to rezone and for a
preliminary development plan (2963-RZ) on approximately 756 . 194
acres of land from General Agricultural District (A-2) and Heavy
Agricultural District (A-3) to Planned Unit District (P-1) for
approximately 2 , 000 residential units, marina, lakes, park areas,
a school area, a fire station area, open space areas, a
commercial recreational area and other landscaped areas in the
Discovery Bay area.
Supervisor Torlakson presented a report on a draft agreement
that had just been reached on the school issues, and he advised
that he had been working on the marine patrol legislation and
that there should be a condition that reads up to $25 per unit
based on review with the Sheriff and the County Administrator
monitoring the ability to get the marine patrol money back from
the State . Supervisor Torlakson also commented on other staff
recommendations on issues including provisions for landscaping
program going through the Bay Point Municipal Council for advice,
and other technical changes included .as set forth.
Supervisor Bishop commented that nothing was as important as
the agreement relative to the schools and the developer and
funding for new facilities .
Dan Boatwright commented on the school agreement .
The following persons presented testimony:
Frank Hengal, Oakley School District;
Dan Smith, 20 Oak Street, Brentwood;
Robert Kingsley, 601 University Avenue, Sacramento.
The public hearing was closed.
On recommendation of Supervisor Torlakson, seconded by
Supervisor Smith, IT IS BY THE BOARD ORDERED that the hearing on
the above matter is closed, Ordinance No. 95-28 giving effect to
the rezoning 2963-RZ is INTRODUCED, reading waived, and June 6,
1995, is set for adoption of same; and the Community Development
Department is DIRECTED to prepare the appropriate documentation
for Board consideration on June 6, 1995 relative to the rezoning
application and preliminary development plan with conditions as
amended.
cc : Community Development Department I hereby certify that this is a true and correct
Y P P copy of an action taken and entered on the
County Counsel minutes of the Board of Supervisors on the
Hofmann Construction Company date shown.
ATTESTED:
PHIL BATCHE , Clerk of the Board
nks,wpery rs and C t Administrator
B4 . Deputy
RECEIVED
MAY 19 1995 CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
To: Board of Supervisors Date: May 19, 1995
.6rnl
From: ennis M. Barry
Deputy Director
Subject: Discovery Bay Wes (County File 2963-RZ) Continued
Public Hearing
On May 16, 3.995, in continuing the subject public hearing, the
Board requested staff to investigate certain items and provide
additional information for the hearing of May 23 , 1995 ..
Specifically, staff was requested to report further on the
following:
1 . The community notification system;
2 . Marine patrol funding;
3 . Modification to Preliminary Development Plan condition
46 .C. 8 . c as requested by Mr. Lynch on behalf of Ms. Paula
Pantages ;
4 . Provision for review of the landscaping program under the
Landscape lighting and Assessment District by the Discovery Bay
Municipal Advisory Council ; and,
5 . Minor technical changes in the conditions recommended by
staff . .
Items 1 and 2 are addressed below; items 3 , 4 and 5 are addressed
in the attached memorandum dated May 17, 1995 from Mitch Avalon,
Assistant Public Works Director, Engineering Services .
Community Notification System
In order to ensure that the condition is enforced at the
appropriate time in the development process, the first full
paragraph in. Condition 44 should end with the following phrase:
" . . .prior to the issuance of the first final building permit for
this project"
In order to avoid amibiguity in the interpretation of this
condition, in all instances where the word "should" is used they
are replaced with the mandatory "shall" .
i
In order to ensure that the project notification efforts include
appropriate levels of educational materials, add the following
wording to condition of approval 44D after the first paragraph:
"These instructional materials shall be written in plain
language, and will be developed in consultation with the
Hazardous Materials Division of the County Health Services
Department, subject to the review and approval of the Zoning
Administrator. "
Marine Patrol Funding
s
Staff has generally discussed the issue of added marine patrol
funding with Sheriff' s Office personnel . It is apparent that a
$50 increase in the normal Police Services Tax condition of
approval would be sufficient to support one deputy and make a
relatively :small contribution toward patrol craft maintenence.
Staff finds that this added level of service condition is
justified in light of the proposed CEQA findings and mitigation
monitoring program items for identified impacts 2 .2 . 6 (MMP pg.
19) , 4 . 6a (MMP, pg. 31) , and 4 .7 (MMP, pg 32) .
On the basis of the foregoing, staff recommends that the
following wording be added to Conditions of approval #' s 25 and
29 :
"Such provisions shall include an additional initial level of
police tax district funding of $50 . 00 per non open space parcel
in the project area, over and above the standard initial level of
$200 per parcel normally applied to the vesting tentative map
approval for residential subdivisions . The added level of funding
is intended to be used for augmented marine patrol services,
especially the enforcement of boat speed limits . "
As of the writing of this memorandum, Planning Staff are unaware
of the amount of progress reached on the negotiations requested
by the Board in the area of schools facilities finance . As this
issue is ultimately to be decided by the Board of Supervisors,
staff recommends that following the close of the public hearing
on this matter, the Board declare its intent and direct staff to
return on a date to be determined by the Board with finalized
CEQA findings, conditions of approval and mitigation monitoring
program for final approval and adoption, as appropriate,
consistent with the Board of Supervisors' declaration of intent .
Attachment - Public Works Memorandum of May 17, 1995
cc: County Counsel
GMEDA Director
Public Works Director attn: Mitch Avalon
Hofmann Company
2963-RZ
t
j PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY
CONTRA COSTA COUNTY 95 MA`f 18 PM 2% 43
COMMUNITY DEVELIDPMENT DEPT.
DATE: May 17, 1995
TO: Dennis Barry, Deputy Director, Community Development Department
FROM: tc Avalon, Assistant Public Works Director,Engineering Services
SUBJECT: Discovery Bay West, 2963-RZ, Sub 7686
At their May 16, 1995 meeting,the Board of Supervisors took testimony on the above development
and requested the following modifications to the Public Works conditions of approval. These
modifications include some routine administrative corrections as well.
1)Modify Condition 46.C.8.c as follows:
Pantages access along west side of the lake: Applicant shall provide a 56'maximum
revocable reservation for a public roadway for a possible future road along the
westerly edge of the lake on the Pantages property(FINDING FOR IMPACT#61,
NW.M.c.),if the owner/developer of the Pantages property can demonstrate that this
road cannot feasibly be located on the Pantages property outside wetland and riparian
areas within two ears of applicant's film &first Final Ma for Village II ri
years p......................g........... u€sp:: cid
fil B p fig€`Village ,tbs 8pp�bt shall the ownet of the
'�t� �n�ht�u��c�,. �may, trf tie�, t�on is��etle� fi��their access '�'he
ttt > ern>. .. ...: 1'>be sitbtt�tei # '' <>:: .:ttid > : tutfh >ch
:::::::::::::::::::::::::::::::::.::::.:.:::::::::::::::::::::::::: ? ::::::::::::1 ..:::::::::::::::::::::
is dap; The revocable reservation shall be for the purpose of allowing a future
exl:ension to the north to serve the northerly portion of the Pantages property, if this
area can be proven to be feasibly developed, and all other portions of the roadway are
located on the Pantages property.
2) Add condition 46.C.15A. as follows:
d. seapu�g D.. ... A u €s ot`slit eaa to the#artdscapang
.' :a < .., �.<..:. . all .>�. a •:
i ;u�basad
3) Correct the last sentence in the first paragraph of 46.C.2.a to state:
Applicant shall l mprove;iplans, pay inspection and plan review fees for
these road improvements.
1
_t 4) Correct Condition 46.C.6.b.2 as follows:
Prior to the filing of the first final map for Village III, the applicant shall realign the
Point of Timber Road -Byron Highway intersection and the Byron Highway- State
Highway 4 intersection and OjWiiraffic signal, subject to the review of Caltrans
and the review and approval of Public Works(the Byron Highway improvements shall
include 5-foot shoulders and channelization).
5) Correct Condition 46.D.61 as follows:
The applicant shall submit the final groundwater monitoring plan for review bra
Rd approval of the Zoning Administrator prior
to beginning any construction that require dewatering to commence.
6.) Correct the last sentence Condition 46.C.17.a as follows:
The applicant shall coordinate with the school district to allow for a bus loading/unloading
area separated from the antomaticftdb "loading/unloading area.
RMA:d
G.-/engsvc1nw1dbcaywst.t5
cc.• A. Beresford, CDD
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