HomeMy WebLinkAboutMINUTES - 03261996 - D8 6E -L
...
'i Contra
Costa
TO: BOARD OF SUPERVISORS
County
FROM: HARVEY E. BRAGDON �'• �_ _ 8
moo............
DIRECTOR OF COMMUNITY DEVELOPMENT SK
DATE: March 26, 1996
SUBJECT: Decision on Phases II to IV of the Hofmann Discovery Bay West Project,
Rezoning 2963-RZ, to Rezone Approximately 756. 19 Acres of Land to the
Planning Unit District for 2, 000 Residential Units, a 10 Acre School
Site, a 6.5 Acre Park Site, a Commercial-Recreational Center, a Senior
Housing Village, a Marina, Lakes, Fire Station, Open Space Areas,
Trails and Other Landscaped Areas
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Refer the rezoning and development plan to the East County
Regional Planning Commission for report and recommendation
restricting these phases to "senior only" occupancy and
continue the Board's hearing on 2963-RZ, Phases II to IV to
May 21, 1996.
2 . Direct staff to notice a public hearing before the Board of
Supervisors on the East County Regional Planning Commission
recommendation.
FISCAL IMPACT
Covered by developers fees.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 23, 1995 the Board closed the hearing on 2963-RZ, a request
to rezone an approximately 756. 19 acre site from the General
Agriculture (A-2) and Heavy Agriculture (A-3) district to the
Planned Unit District (P-1) along with Preliminary Development Plan
approval. The Board set June 6, 1995 as the date to adopt the
ordinance for the P-1 rezoning (2963-RZ) , certify the Final EIR,
adopt findings, approve the Conditions of Approval and Mitigation
Monitoring Program for 2963-RZ.
CONTINUED ON ATTACHMENT: X YES SIGNATURE ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 261;1 1996 APPROVED AS RECOMMENDED OTHER x
IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED
to April 2 , 1996 , 2 P.M. , in the Board chambers .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_ 4 UNANIMOUS (ABSENT 1 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:Arther Beresford - 646-2031
Orig: Community Development Department ATTESTED March 26 , 1996
cc: Judy Coons - Auditor-Controller PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
David Joslin - CDD AND UN T ADMI11-k)
TRATOR
Hofmann Co. O
County Counsel BY , DEPUTY
Public Works - Eng. Services
Discovery Bay MAC
See Second Page for Additional ccs.
b . 9
2 .
On June 6, 1995 and on subsequent dates in June and July, 1995 the
Board deferred the decision on 2963-RZ pending agreement between
the developer and the affected school districts.
On July 25, 1995 the Board approved the P-1 rezoning for Phase I
of the Discovery Bay rezoning (2963-RZ) . Phase I is the area of
the project east of Bixler Road and south of Point of Timber Road.
This allowed for the development of 324 single family residential
units on approximately 98 . 9 acres of land. Phase I included the
school site, fire station, park site, 13 . 4 acres of wetlands, a
recreational vehicle storage area, and landscaping along Bixler
and Point of Timber Roads.
The Board deferred the rezoning decision on the remainder of the
project (1, 623 single family units, a 53 unit senior complex,
lakes, a 200 acre open space area, 300 boat marina, landscaped
areas, private recreational areas, trails and a commercial
recreation center) to January 16, 1996.
On November 8, 1995 the applicant and property owner, The Hofmann
Co. , requested a two month delay in the pending Board decision for
the remainder of the Discovery Bay project (letter attached) .
On February 28, 1996 the applicant, Hofmann Company, requested a
major change in their project. The applicant requests a change
for Phases II through IV of their Discovery Bay West project to an
"Active Adult" community. The applicant has requested that they
be relieved from paying school and child care fees or meeting
school and child care mitigation measures for Phases II to IV of
their Discovery Bay West project.
The senior housing project was not considered by the East County
Regional Planning Commission or by the Board at any previous
public hearing.
Government Code Section 65857 provides that such major changes in
a project be referred back to the Commission for a report and
recommendation.
Section 65857 reads as follows:
65857 . The legislative body may approve, modify or
disapprove the recommendation of the planning
commission; provided that any modification of the
proposed ordinance or amendment by the legislative body
not previously considered by the planning commission
during its hearing, shall first be referred to the
planning commission for report and recommendation, but
the planning commission shall not be required to hold a
public hearing thereon. Failure of the planning
commission to report within forty (40) days after the
reference, or such longer period as may be designated by
the legislative body, shall be deemed to be approval of
the proposed modification. (Amended by Stats. 1973, ch.
600. )
While this section does not require a public hearing, the usual
practice of the County Planning Agency is to reopen and renotice
such proceedings.
The Board may give direction on the alternative revised proposal
if they so wish.
If the Board refers the matter to the East County Regional
Planning Commission, staff will prepare a noticed public hearing,
unless the Board directs otherwise.
3 .
Alternative
As an alternative the Board could declare that they are not
amenable to the change proposed by the applicant and find no merit
in it; continue the decision on Phases II to IV to 2963-RZ to a
date certain and declare that they will not approve Phases II to
IV of 2963-RZ if a schools agreement is not reached by the time of
the decision date.
Attached are letters from the Hofmann Company and the Counsel for
the Knightsen School District.
AB/aa
BDVIII/2963-RZ.AB
Cc: Byron MAC
Knightsen Town Council
Liberty Union High School District
Byron Union School District
Knightsen School District •
4ko(AtA-,76HOf
` mann BUILDERS AND DEVELOPERS
COMPANY 1380 GALAXY WAY P.O. BOX 907 • CONCORD, CA 94522
(510) 682-4830 FAX(510) 682-4771
February 27, 1996
L.9
C —n ,
rnC-) CD
rn
0
00
Mr. Dennis Barry C v
Contra Costa County Development Department z. �, o
651 Pine Street, 4th Floor, North Wing —+ < 3
Martinez, California 94553 rn
Dear Dennis:
The Board of Supervisors, at their March 26 meeting will be considering the Rezoning,
Preliminary Development Plan, Final EIR and Addendum, CEQA Findings and Mitigation
Monitoring for the portions of the Discovery Bay West project located north of Point of Timber
Road.
This letter is to advise you that it is our desire to develop the subject portion of the development
as an "Active Adult" or Seniors Community. The previously approved portion of the project
located south of Point of Timber Road will remain a conventional development at this time.
The net result of this modification will be the elimination of any child care impacts or impacts
upon the elementary or high school districts. We are presently preparing suggested modifications
to the environmental documents and will submit those documents to you by the end of the week.
Sincerely,
THE HOFMANN COMPANY
David T. Lennon
Vice President,Land Development
DTL/jrd
M. KHH
ATS
DB
CB & G
cAwin wordljd\dtlkibwest.cx
F.A.R-08-96 FR I 15:16 P INNELL & K I NGSLEY FAX NO. 9165679420 P. 02/04
Pr4NEU &YdINGSLEY
ATTORNEYS AT Law
601 UNIVERSITY AVENUE.SUITE Z65
JAMES D-PINNELL SACRAMENTO,CALWORNIA 95825-6746 TELEPHONE:
Ro8ERT C KINGSLECY MT61567-9400
WENDI L.ROSS TELECOPIER(FAX):
DARWIN J.KSNGHDRN (916756' -9420
a6NIA A_HF741R
f^ut.N-HdYL_^rq
GR£GQRv r,LYALL March 8, 1996
'STA FACSIMILE AND FIRST-CLASS MAIL
David T. Lennon
Vice President, Land Development
The Hofmann Company
P.O. Box 907
Concord, CA 94522
RE,: KNIGHTSEN ELEMENTARY SCHOOL DISTRICT
Development of a Seniors Community
North of Point of Timber Road
(2963-RZ)
Dear Mr. Lennon:
A copy of your letter dated February 27, 1996, to Mr- Dcnnis Bany was provided to
Superintendent Rinehart on March 6, 19%.
The letter raises several Questions, from the perspective of the KnighLwm Elementary
School District (District), that require answers before we can determine whether to support or
oppose your plan on March 26. My understanding, based on your letter, is that the Hofmann
Company proposes to convert a portion of the Discovery Bay West project(hereinafter
"Project") into an Active Adult or Seniors Community (hereinafter "Seniors Community").
In your letter to Mr. Barry, you state that "The net result of this modification will be
the elimination of any child care impacts or impacts upon the elementary or high school
districts." To adequately assess your conclusion, we need additional information.
While some senior citi7en Communities may bave little impact on local schools, this is
nut always the case. For example, the lack of enfon.=,eut of CC&Ra, or subsequent
modifications of CC&R's, may result in an impact on schools- What steps does the Hofmann
Cwnpany intend to take whic;,h will guarantee your statement that there will be no school
impacts? Is it your representation to the County, and to the Kni.ghtsen Elementary School
District, that appropriate CC&R's will guarantee no impact on the schools? If so, will the
CCc4::R.s inclwle provisions which embody concepts such as_
1. At least one resident per b=whold must be fifty-five (55) years of age or
older;
W-08-96 FRI 15:16 PINNELL & KINGSLEY FAX MD. 9165679420 P. 03/04
F .
PIl-11NM .I.&KGs
QTTQrdNEYS AT LAW
David T. Lennon
March 8, 1996
Page 2
2. Persons subject to compulsory full-time education may neither live in the
Seniors Community for more than two (2) weeks, nor shall such persons be
entitled to establish residency for the purposes of school attendance in the
District,
3. If a Seniors Community resident bre4'khes the covenaw set forth in #2 above,
that resident shall have fifteen(15) days to cure the breach_ If the resident fails
to cure within this time, the resilient shall pay thte full mitigation school fee
established by the Fast Contra Costa School Financing Authority (or the
District) which is in existence at the time of the breach; and
4. If the residents, at a later time, elect to restructure The Seniors Community into
a non seniors community and modify the CC&R`s to eliminate the covenant set
fortis in#2 above, all residences shall pay the full mitigation school fee
established by the Fast Contra Costa School Financing Authority (or the
District) in existence at the time the CC&R's are modified (restructured).
Additionally, you indicated that the Hofznamt Company is preparing modifications to
the environmental documents. To Lbe extent that these will affect the school district in any
way, please provide me with a copy of those documents as soon as they become available.
As a side note, your letter indicated that the "previously approved portion of the
project located south of Point of Timber Road will remain a conventional development at this
time." I am assuming that the "previously approved portion" of the Project to which you are
referring is the 324 units of the Project that were approved on September 25, 1995 and which
are located in the Byron Elementary School District. If I am mistaken, please let me know as
soon as possible.
asmm
l.Uctee.3
M-08-96 FEI 15:17 PINNELL & KINGSLEY FAX NO. 9165679420 F. 04/04
PLti I.L&z KI�'tI'GSTW
ATTORNEYS AT LAW
David T. Lermon
March 8. 1996
Page 3
If you have questions, please call
Very truly yours,
PMELL&KINGSL X
ROBERT E. TG--
cc* Vickey Rinehary art. Superintendent, Knightsen ElementSchool i --
Dan Smith, Superintendent, Liberty Union High School District
Dennis Barry, Acting Zoning Administrator, Connor Costa County
Wendy Wiles, Bowie, Arneson, Kadi, Wiles & Gianonne
S-Xrkhb4,t
030M
Lcnrvx3
MAR-2:5-96 MON 16:27 P I NNELL & K I NGSLEY FAX N0, 9165679420 �P,2/ 3
MNTLL & FM`IZGSLEY
ATTORNEY5 A'1' LAW
601 UNIVERSITY AVENUE. SUITE 265
J/1MG3 Z. PINNC66. SACRAMENTO,CALIFORNIA 95825.6706 TELEPHONE:
ROBERT E KINGSLtY (9 1165)557.9400
WEwCI L. Ross TELECOPIER(FAX):
DARWIN J.KINGHORN (9 16)587.9420
SONIA A.14ENlR
PAUL N ROYLAN
OnECORY r.6VALL - March 25, 1996 RECEIVED
MAR 2 5 1996
Contra Costa County CLM BOARD OF SUPERVISORS
Board of Supervisors CONTRA COSTA CO.
651 Pine Street, First Floor
Martinez, California 94553
Re: Discovery Bay West Development Application (2963-RZ)
Modification to Seniors Community
Dear Supervisors:
On March 26, 1996, the Board of Supervisors will consider the Rezoning, preliminary
Development Plan, Final EIR plus Addendum. CEQA Findings and Mitigation Monitoring for
a portion of the Discovery Bay West project (hereinafter "Project"). Since the Project
potentially affects school districts in the East Contra Costa School Financing Authority
(hereinafter "Authority"), we have been asked to file this response to the proposed seniors
community modification (hereinafter "Seniors Community").
As you are probably aware, the Hofmann Company now desires to develop a portion
of the Project into a Seniors Community. In a 1Cller Eo Dennis Barry, dated February 27,
1996, the Hofmann Company represented to the County that the "proposed" Seniors
Community would have no impact on school districEs. Therefore, argues Hofmann, the
Seniors Community should be exempt from the requirement that projects fully mitigate their
impacts on schools.
It is true that a properly developed senior citizen c onununity may not impact local
schools. However, poorly drafted or unenforced CC&Rs or subsequent modification to the
CC&Rs will negatively impact the schools. Actiordingly, the Authority will oppose exempting
the Seniors Community from the requirement of fully mitigating the impact of the Project on
schools until there are adequate restrictions to ensure that the Hofmann Company's
representation of no school impacts is the guarantee that Hofmann represents it to be.
We have been informed that County staff has recommended putting this matter over to
the April 2. 1996, board meeting. Currently, this office is working with the Hofmaiux
Company to establish mutually agreeable restrictions for the Seniors Community. The
postponement proposed by County staff may be beneficial in establishing these resuictiom.
Accordingly, the Authority concurs with County staff's recommended continuance.
611
C�.L: iA 0
MAR-2b-96 MON 16:28 N1NNELL & KINU6UY hAX NU. ylbbbty42U V. UJ/UJ
PL'1' V'ELL Fp TUN(iSLEY
ATTORNEYS A7 LAW , 8
t Contra Costa County ` (�
Board of Supervisors
March 25, 1996
Page 2
If, however., the Board elects to hear this matter, the official Authority position is to
OPPOSE if the Seniors Community is exempted from payment of the fall school mitigation
amount of$13,024 per unit. As currently proposed, there are inadequate restrictions on the
Seniors Community to guarantee that the project will not have an impact on the affcered
school districts of Knightsen and Liberty.
This Ietter is to be a part of the administrative record of the March 26, 1996, hearing
on 2963-RZ. Thank you for your consideration.
Very truly yours,
PINNELL & KINGSLE'Y
4.
ROBERT E. KINGSLEY
cc: Vickey Rinehart
Frank Hengel
Dan Smith
Peggy Green
Doug Adams
Wendy Wiles
Dan Boatwright
Dennis Barry
FJe: fnigniten
LVi<%
zw wr.;
r '
Cos Ik
COUNTY COUNSEL'S OFFICEMAR I
CONTRA COSTA COUNTY 3
MARTINEZPM 3� 3
, CALIFORNIA fi Com'j,�, ITY
D..VES ppfl fNr DEP
Date: March 11, 1996 T
To: Dennis Barry
Deputy Director, Community Development Department
From: Victor J. Westman y
Count Counsel6 ;` ' •
Re: Discovery Bay West's Proposal to Change Its Second Phase to a
Senior's Residential Development
This is in response to your 3-4-96 memorandum and to confirm our
3-4-96 telephone conversation concerning it. As stated in your
memorandum, there is presently pending before the Board of
Supervisors a Hofmann Company request to approve a PUD rezoning and
final development plan for approximately 1676 dwelling units and
related facilities . Your memo indicates that the Hofmann Company' s
representatives have very recently asked that consideration be given
to changing its current development request from a typical
residential and/or recreational residential development to a
"seniors " development.
The 3-4-96 memorandum indicates that should the Board of
Supervisors wish to consider this new proposal (which was not
previously considered by the Planning Commission) , that the proposal
must first be referred pursuant to Government Code § 65857 to the
Planning Commission for its review and report. Also, your memorandum
indicates that it has been past practice for such a proposed hearing
change- in a pending planning application to schedule it for public
hearing consideration before the Planning Commission.
The final legal discretion resides in the Planning Commission to
actually determine whether or not this matter should be considered at
a noticed public hearing. But, as discussed, you are correct that it
has been past County staff administrative practice to schedule such a
referral before the Planning Commission for a noticed public hearing.
We would suggest that it be indicated to the Board of Supervisors on
March 26, 1996, that should the Board of Supervisors direct a
referral of this request to the Planning Commission for its review
and recommendation, that staff will follow its usual practice of
scheduling as a noticed public hearing unless directed otherwise by
1
the Board of Supervisors and the Planning Commission concurs with
such a Board direction.
VJW:ju
� sebay.mem
2
R
FUTURE BOARD AGENDA TIMED ITEMS
Prepared by Clerk of the Board's Office
March 19. 1996
The meeting will be held at the City Council Chambers,
City of San Ramon, commencing at 12 Noon.
12 P.M. Closed Session
1 P.M. Hearing on proposed fee for collection of delinquent
unsecured property tax accounts.
March 26. 1996
9:45 A.M. Hearing on Statement of Expense for 21 Sanford Avenue,
Richmond; Elizabeth Dalrymple, owner.
Hearing on the property tax administration fee.
Fire District issues.
11 A.M. Cesar Chavez celebration commemoration.
2 P.M. Appeal hearing of John L. Baker, New Golf Entgerprises
(applicant) and West/Flanigan/Silva (owners) on denial
of a Land Use Permit, Danville area. (continued from
12/12/95)
Decision on the remainder of phases for the Discovery
Bay West Project, Hofmann Construction Company
(applicant) and Hofmann Construction Company and EdnaL-100'�
M. Fallman (owners) [Public hearing closed 5/23/95;
decision continued from 1/16/96]
Hearing on appeal of Homer and Lynn Bryant (appellants)
for establishment of a residential detached second
living unit, Walnut Creek area.
Hearing on the annexation of Discovery Bay West into
Sanitation District 19. (Hearing continued from
3/5/95)
3/7/96