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Home My WebLink AboutMINUTES - 04161996 - D13 'i Contra TO: BOARD OF SUPERVISORS Costa County N' : FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT asrA co6K� DATE: April 16, 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 RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Unless the developer and School Districts have reached an agreement on mitigation of school impacts, continue decision on Phases II to IV of 2963-RZ (Discovery Bay West) to June 18, 1996, to allow time for the developer and affected School Districts can reach agreement on Mitigation Measures. Alternative If the developers and affected School Districts have reached a satisfactory agreement, the Board may declare their intent to approve Phases II to IV of 2963-RZ and direct staff to have revised Conditions of ' Approval, CEQA Findings and Mitigation Monitoring Program prepared for the Board's consideration. Attachments Attached are the February 27 , 1996 and April 4 , 1996 letters from the 'Hofmann Company as well as the April 2 , 1996 letter from the Legal Counsel for the Knightsen School District. The School Districts letter is evidence of their continuing concern over the need to mitigate school impacts of this development. CONTINUED ON ATTACHMENT: X YES SIGNATURE ,` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 16 , 1996 APPROVED AS RECOMMENDED OTHER x IT IS BY THE BOARD ORDERED that the decision on the above matter is CONTINUED to April 23 , 1996 , at 2 P.M. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _ 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:Arther Beresford - 646-2031 Orig: Community Development Department ATTESTED April 16 , 1996 cc: Judy Coons - Auditor-Controller PHIL BATCHELOR, CLERK OF CAO THE BOARD OF SUPERVISORS David Joslin - CDD AND OU Y AD ISTRATOR Hofmann Co. County Counsel BY ° , DEPUTY Public Works - Eng. Services Discovery Bay MAC See Second Page for Additional ccs. 2 . FISCAL IMPACT Covered by developers fees. BACKGROUND/REASONS FOR RECOMMENDATIONS On February 27, 1996, as noted below, the developer proposed a major change in the Discovery Bay West development. On April 8, 1996 the developer withdrew their request for a senior village for Phase II to IV for Discovery Bay West. Staff has not received any confirmation that the developer and the School Districts have reached agreement on required mitigation measures for school impacts. 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. 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 applicant has now withdrawn this request. AB/aa BDVIII/2963-RZ.AB Cc: Byron MAC Knightsen Town Council Liberty Union High School District Byron Union School District Knightsen School District 7keHofmann BUILDERS AND DEVELOPERS COMPANY 1380 GALAXY WAY • FO. BOX 907 • CONCORD, CA 94522 (510) 682-4830 FAX (510) 682-4771 April 4, 1996 v w M Cn Mr. Dennis Barry Contra Costa County Community Development 651 Pine St., 2nd floor, North Wing m Martinez, CA 94553 RE: DISCOVERY BAY WEST w rn Dear Dennis: This letter is to advise the County that the Hofmann Company hereby withdraws its letter of February 27, 1996. Sincerely, ,�/�.,� �✓CSE . /�'_ -- Dan Boatwright PJN7.NLLL'&' �G-SLEY ATTORNEYS AT LAW 601 UNIVERSITY AVENUE.SUITE 265 .JAMES 0. PINNELI SACRAMENTO,CALIFORNIA 95825-6706 TCLCPHONE: RCeCR-r C.KtNCC6CY (916)567-94C* TEL ECUPIER(FAX): SPARwiN J.Kir4QiHORN (916)567.9420 50NIA A.HEH;FR PAWL N.BOYLAN GREGORY T.LYALL April 1996 Clerk of the Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: Discovery Bay West Development Application (2963-RZ) Modification to Seniors Community Consider with Item D.8 at the April 2, 1996. Hearing Dear Shirley: Enclosed please Cmd the East Contra School Finan6ng Authority's correspondence reprding the April 2, 1996, Discovery Bay 'vkcst Development Application hearing. As we discussed, this intim'.,zzion sho-,dd b%-. considered ;n connection with itcm D.8 4P (consideration of the retraining project phases). Thank-you for your assistaricc. If you have an,'� questions, please call. lv'ei*y truly yours, PINNELL & KINGS2 REGI ZY T YALL PL'CNTLL & MGSLEY ATTORNEYS AT LAW 'D 601 UNIVERSITY AVENUE, SUITE 265 -JAMES 0. P!NNELL SACRAMENTC),CALIFORNIA 95825-6706 TELEPHONE; ROBERT E. KfNaAi EV (9161567-9400 WC'J0J ti.ROOZ TELECOPIER(FAX): MARWO4 J.KINCIMOttNI (916)567-9420 SQNIA A,HEMIR PAUL N.BOYLAN GREGORY T 1,YALL- April 2, 1996 Contra Costa County Board of Supen,isors 651 Pine Street, First Floor Martinez, California 94553 Re; Discovery Bay West Development Application (2963-RZ) ,:ty Modification to Seniors Coin;1ILM.. Consider with Item D.8 at the Agri! 2, 1996 Hearin,g Dear Supervisors: On March 26, 1996, the Board oSupe-,-,sors postpQred until April 2, 1996, the c 'de:-vion of the Rczonin-, P:-e*-winary Development Plan. Final EIR plus Addendum. ons, F CEQA Findings and Nlitiganon Monitoring fora, portion of the Discovery Bay West project (hereinafter "Project"). This office is working with the Hofmann Company with the goal of establishing mutually agreeable contract !anguage to ensure that the Seniors Cummunity will not have an impact on the affected school districts of Knigintsen and Liberty. In a telephone conference with Wendy Wiles, attorney for Liberty, and Dar. Boam,right. the Hofmann representative, it was agreed that an additional per;od of tinie would be required to resolve this issue. It is possible that an agreement may be finalized as early as May 5, 1996. � We have been informed that County SM", will concur with puEtinc, this matter over to the April 16, 1996, board meeling. If, however, the Board elects to hear this matter, the Authority must OPPOSE the exemption of the Seniors Community from payment of the full school mitigation amount of 513,024 per un,,E. Until an adequate agreement can be reached, there are inadequate or restrictions on the Seniors C0111111unity to OlLarWitec that the project will not impact schools, Contra Costa County Board of Supervisors April 2, 1996 Page 2 This letter is to be a part of the administrative record of the April 2, 1996, hearing on 2963-RZ. Thank you for your consideration. Very truly yours, PINNELL & KINGSLEY ROBERT E. NG Y cc: Vickey Rinehart Frank Hengel Dan Smith Peggy Green Doug Adams Wendy Wiles Dan Boatwright Dennis Barry Fik: knitluaen 04021% �rvsor ' s PINNELL & KINGSLEY P RECEIVED ATTORNEYS AT LAW 601 UNIVERSITY AVENUE,SUITE 265 APR - 3 1996 JAMES D. PINNELL SACRAMENTO,CALIFORNIA 95825-6706 TELEPHONE: _ ROBERT E. KINGSLEY WENDI L.ROSS CLERK BOA" �, FF��p�SFpRp ifnORS DARWIN J. KINGHORNWO/-toazu SONA. HEHIR. PAUL N.BOYLAN JL) GREGORY T.LYALL April 2, 1996 Clerk of the Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: Discovery Bay West Development Application (2963-RZ) Modification to Seniors Community Consider with Item D:8 at the April 2, 1996, Hearing Dear Shirley: Enclosed please find the East Contra Costa School Financing Authority's correspondence regarding the April 2, 1996, Discovery Bay West Development Application hearing. As we discussed, this information should be considered in connection with item D.8 (consideration of the remaining project phases). Thank-you for your assistance. If you have any questions, please call. Very truly yours, PINNELL I KINGSLEY REG Y T YALL 1�4 n c) �c,v PINNELL & KINGSLEY ATTORNEYS AT LAW 601 UNIVERSITY AVENUE,SUITE 265 JAMES D.PINNELL SACRAMENTO, CALIFORNIA 95825-6706 TELEPHONE: _ ROBERT E. KINGSLEY (916) '5567-9400 WENDI L. ROSS TELECOPIER(FAX): DARWIN J. KINGHORN (916)5'567-9420 SONIA A. HEHIR PAUL N.BOYLAN GREGORY T. LYALL April 2, 1996 Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: Discovery Bay West Development Application (2963-RZ) Modification to Seniors Community Consider with Item D.8 at the April 2, 1996 Hearing Dear Supervisors: On March 26, 1996, the Board of Supervisors postponed until April 2, 1996, the consideration of 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"). This office is working with the Hofmann Company with the goal of establishing mutually agreeable contract language to ensure that the Seniors Community will not have an impact on the affected school districts of Knightsen and Liberty. In a telephone conference with Wendy Wiles, attorney for Liberty, and Dan Boatwright, the Hofmann representative, it was agreed that an additional period of time would be required to resolve this issue. It is possible that an agreement may be finalized as early as May 5, 1996. We have been informed that County staff will concur with putting this matter over to the April 16, 1996, board meeting. If, however, the Board elects to hear this matter, the Authority must OPPOSE the exemption of the Seniors Community from payment of the full school mitigation amount of $13,024 per unit. Until an adequate agreement can be reached, there are inadequate restrictions on the Seniors Com►nunity to guarantee that the project will not impact schools. 1 RECEIVE® w, APR - 5 1996 CLERK BOARD OF SUPERVISORS L CONTRA COSTA CO. April 3, 1996 M.A.C. Mr. Jeff Smith Chair, Contra Costa County Board of Supervisors Claudia Macdonald 651 Pine Street Chair Martinez, CA 94553 1152 Bcach Court Discovery Bay,CA 94514 (510) 634-1081 Dear Mr. Smith: On April 2, the Board of Supervisors made the decision to allow a Peter Alexandra two week hold-over on the agenda item #D.8: Decision on the Vice Chairman 706 Willow Lake Road remainder of phases for the Discovery Bay West Project (2963- Discovery Bay, CA 94514 RZ), Hofmann Construction Company (applicant) and Hofmann. (510)634-3886 Construction Company and Edna M. Fallman (owners). (Hearing closed May 23, 1995; decision continued from March 26, 1996.) Cliff P►senti The Discovery Bay community requests that all pertinent informa- Secretary/Treasurer _- 5052 Double hoist way tion on this issue be sent to the DBMAC for dissemination and Discovery Bay, CA 94514 study and that we be given adequate time to agendize this issue for. (510) 6.34-4466 discussion with the residents. We, also, urge that the rezoning of Discovery Bay West be referred back to the East County Regional Heidi Calvin Planning Commission for their input because of the extensive modi- 5000 Cabrillo Point fications-in their planned development. Discovery Bary, CA 94514 (510)634-5304 In light on the time needed for these two boards to review the is- sue, we request a six week extension. 4 Walter Ntac-Vittie IN Sincerely, 1466Mar,in ��aee Discovery Bay, CA 94514 (510)634-0827 � �C�� J�-]��a _• /J �/ Claudia Macdonald Patrick Portway 1908 Windwarel Point Chair Discovery Bay, CA 94514 (5 10)516-7 332 CC: Clerk of the Board Toni Torlakson David Lennon, Hofmann Company . East County Regional Planning Commission , Joe Canciarnilla w Discovery Pay Municipal Advisory Council P.O. Box 272 • Discovery Bay,CA 94514 • (510)634-1222 Contra Costa County Board of Supervisors April 2, 1996 Page 2 This letter is to be a part of the administrative record of the April 2, 1996, hearing on 2963-RZ. Thank you for your consideration. Very truly yours, PT NNELL & KINGSLEY ROBER<E. NG Y cc: Vickey Rinehart Frank Hengel Dan Smith Peggy Green Doug Adams Wendy Wiles Dan Boatwright Dennis Barry File: Knigh�sen 040296 suprvsor.'_' • �_cvrat�Z..W�� PI NNELL & KINGSLEY RECEIVED, r ATTORNEYS AT LAW 601 UNIVERSITY AVENUE,SUITE 265 APR 17 19% JAMES D. PINNELL SACRAMENTO,CALIFORNIA 95825-6706 TELEPHONE: f ROBERT E. KINGSLEY 3.CLERK BOA EB �c WENDI L. ROSS it{�DORS DARWIN J. KINGHORN )r, 7-94 6-�-m-, SONIA A.HEHIR LL PAUL N. BOYLAN - - GREGORY T. LYALL April 16, 1996 _ Clerk of the Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: Discovery Bay West Development Application (2963-RZ) Modification to Seniors Community Consider with Item D.13 at the April 16, 1996, Hearing Dear Shirley: Enclosed please find the East Contra Costa School Financing Authority's correspondence regarding the April 16, 1996, Discovery Bay West Development Application hearing. As we discussed, this information should be considered in connection with item D.13 (consideration of the remaining project phases). Thank-you for your assistance. If you have any questions, please call. Very truly yours, P NELL & KINGSLEY GREGG Y T. ALL P i i TELL & KINGSLEY ATTORNEYS AT LAW 601 UNIVERSITY AVENUE, SUITE 265 JAMES D. PINNELL SACRAMENTO, CALIFORNIA 95825-6706 TELEPHONE: ROBERT E. KINGSLEY (916) 567.9400 WENOI L. ROSS TELECOPIER(FAX): DARININ J. KINGHORN (916) 567.9420 SONIA A. HEHIR PAUL N. BOYLAN GREGORY T. LYALL April 16, 1996 Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: Discovery Bay West Development Application (2963-RZ) Modification to Seniors Community Consider with Item D.13 at the April 16, 1996, Hearing Dear Supervisors: We are writing this letter on behalf of to East Contra Costa School Financing Authority (hereinafter "Authority"). This office has been working with the Hofmann Company in establishing mutually agreeable contract language to ensure that the Seniors Community will not have an impact on the affected school districts (Knightsen and Liberty) of the East Contra Costa School Financing Authority (hereinafter "Authority"). Although significant progress has been made, an agreement has not been finalized, We have been informed that staff has recommended putting the decision on phases II to IV of 2963-RZ over until June 18, 1996, to allow time for the Hofmann Company to reach an agreement. We believe, however, that a final agreement may be soon forthcoming. Accordingly, we request that this matter be put over until April 23, 1996. If, however, the Board elects to hear this matter, the Authority must OPPOSE the exemption of the Seniors Community from payment of the full school mitigation amount of $13,024 per unit. Until an adequate agreement can be reached, there are inadequate restrictions on the Seniors Community to guarantee that the project will not impact schools. 1 PL\-TXELL & KLNGSLEY ATTORNEYS AT LAW Contra Costa County Board of Supervisors April 16, 1996 Page 2 This letter is to be a part of the administrative record of the April 16, 1996, hearing on 2963-RZ. Thank you for your consideration. Very truly yours, PINNELL & KINGSLEY ROBERT E. G cc: Vickey Rinehart Frank Hengel Dan Smith Peggy Green Doug Adams Wendy Wiles Dan Boatwright Dennis Barry File: KnioLu n 0416% e�rvwr.3 Coo s t oeq- Lo rrtf D. 13 PINN LL & KINGSLEY ( RECEIVED ��7 ATTORNEYS AT LAW MAR 2 619% 601 UNIVERSITY AVENUE,SUITE 265 JAMES D. PINNELL SACRAMENTO,CALIFORNIA 95825-6706 TELEPHONE: ROBERT E. KINGSLEY CLERW95RRN UPSOPERVISORS WENDI L. ROSS TEj%§P(A)CO DARWIN J.KINGHORN (916)5 SONIA A. HEHIR PAUL N.BOYLAN GREGORY T.LYALL March 25, 1996 Contra Costa County Board of Supervisors 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 r'spons'e 'to the proposed,-seniors community modification's hereinafter "Seniors Corninunit Y ( Y ) As you are probably aware, the Hofmann-Company now desires to develop a portion of the Project into a Seniors Community. In a letter to Dennis Barry, dated February 27, 1996, the Hofmann Company represented to the County that the "proposed" Seniors Community would have no impact on school districts. 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 coin-raunity may not impact local schools. However, poorly drafted or unenforced CC&Rs or subsequent modification to the CC&Rs will negatively impact the schools. Accordingly, 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 Hofmann Company to establish:mutually agreeable restrictions for the Seniors Community. The postponement,proposed by County staff may be beneficial in establishing these,restrictions. Accordingly,,,the Authority:concurs with County staff's recommended continuance. PINNELL &KINGSLEY ATTORNEYS AT LAW 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 full 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 affected school districts of Knightsen and Liberty. This letter 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 & KINGSLEY ROBERT E. KINGSLEY cc: Vickey Rinehart Frank Hengel Dan Smith Peggy Green Doug Adams Wendy Wiles Dail Boatwright Dennis Barry File: Knightsen 032596 sup"sor.1