HomeMy WebLinkAboutMINUTES - 04231996 - D8 -------- DI
` Contra
s Costa
TO: BOARD OF SUPERVISORS o; ;? ;aur
o County
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT ��STa co"vK�
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 RECOMMENDATIONS) & 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 April 23, 1996 APPROVED AS RECOMMENDED OTHER X
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE A1TD 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 23, 1996
cc: Judy Coons - Auditor-Controller PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
David Joslin - CDD AND UNT DMI RATOR
Hofmann Co.
County Counsel BY a DEPUTY
Public Works - Eng. Services
Discovery Bay MAC
See Second Page for Additional ccs.
1>
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
ADDENDUM To Item D. 8
April 23 , 1996
On April 16, 1996, the Board of Supervisors continued to
this date the decision on the remainder of phases for the
Discovery Bay West Project (2963-RZ) , Hofmann Construction
Company (applicant) and Hofmann Construction Company and Edna M.
Fallman (owners) in the Discovery Bay area.
A speaker who did not identify herself advised the Board
that there was an agreement with the Hofmann Company and Liberty
Union School District on Village II, and with Mrs . Fallman on'
Villages III and IV, which also includes Liberty and Knightsen,
and she also advised that Byron already has an agreement . This
person also advised that the agreement speaks to the development
as it was originally designed and to the option of seniors .
Supervisor Torlakson moved approval of recommendations of
staff and requested that staff give an outline of what actions
the Board should take.
Dennis Barry, Community Development Department, advised that
the Board of Supervisors should declare intent on the matter and
direct staff to prepare final conditions of approval and findings
and mitigation monitoring program for Board consideration.
Supervisor Torlakson indicated that he had additional
language on the marina to be included in the final consideration.
IT IS BY THE BOARD ORDERED that the Board of Supervisors
DECLARES its intent to approve Discovery Bay West Project (2963-
RZ) , Hofmann Construction Company (applicant) and the Hofmann
Construction Company and Edna M. Fallman (owners) , Phases II to
IV, with amended conditions; and the Community Development staff
is DIRECTED to prepare appropriate documentation for the Board' s
consideration including Conditions of Approval, CEQA Findings and
Mitigation Monitoring Program.
-I�eH
ofman n B U I LDERS AND DEVELOPERS
COMPANY 1380 GALAXY WAY P.O. BOX 907 • CONCORD, CA 94522
(510) 682-4830 • FAX(510) 682-4771
February 27, 1996
Mr. Dennis Barry r-0 v
Contra Costa County Development Department z o
651 Pine Street, 4th Floor, North Wing o�
Martinez, California 94553 rnrn n
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 HOF COMPANY
David T. Lennon
Vice President, Land Development
DTL/jrd
cc: KHH
ATS
DB
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cAwinword\jd\dtI\dbwest.ccc
W-08-96 FEI 15:16 PINNELL & KINGSLEY FAX NO. 9165679420 P, 02/04
MEQ. &KLNGSIXY w D.
ATTORNEYS AT LAW
601 UNIVERSITY AVENUE_SUITE 2455
JAMES O.PINNELL SACRAMENTO,CALIFORNIA 95a25-6706 TELEPHONE:
ROBERT E KIPIGSLEY M61567-9400
WENDI L.ROSS TELECOPI£R(FAX):
DARWIN J_KINGHORJ'J
56NIA A_HE14IR
rAuL_N.NJO,YL.AN
GRU0QRv T,LYALL Manch 8, 1996
VIA FACSIMILE AND FIRST-CLASS ivMAIL
David T. Lennon
Vice President, Land Development
The Hofmann Company
P.G. Box 907
Concord, CA 94522
KNIGHTSEN ELEMENTARY SCHOOL DISTRICT
Development of a Seniors Community
North of Point of Timber road
(2963-RZ)
Dear Mr. Lennon:
r_1 copy of your leder dated Febmary r, 1990, to Mr- Dcuiais Bang was provided to
Superintendent Rinehart on March o, I M_
The letter raises several questions, from the perspective of the Knightsen Elementary
School District (District), that require answers before we can determine whether to support or
oppose your plate on March 26. My understanding, based on your leur-r, is that the Hofmann
Company proposes to convert a portion of the Discovery Bay West project(hereinafter
"Project") into an ,fictive .Adult or Seniors Community (hereinafter "Seniors Cowmuuity").
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 nre
impacts upon the eleutary or high school
districts." To adequately assess your conclusion, we need additional inforrnation.
While some settlor citi7en communutie:s may have lithe impact on local schools, this is
RUL always the cake. For exaztiple, the lack of ctiforcerzicat of CC&R.s, or subsequent
modifications of CC&R's, may result in an impact on schools_ What steps does the Hofmann
Company intend Le take which will guarantee your statement that riieiv will be ao school
impacts? its it your representation) to the County, and to the Knightsen.Elementary Sehaol
District, that approprialc CC&R's will guarantee nuo impact ort the schools? If so, will the
CC&Rs include provisions which embody concepts such as:
I_ At least one resident per hm-&ehold must be fifty-five (55) years of age or
otter;
MAR-08-96 FRI 15: 16 PINNELL K KINGSLEY FAX H0. 9165679420 P. 03/04
: PINTNIEIJ, &WNICTSIXY
ATTORNEYS 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) wears, nor shall such persons be
entitled to establish residency for the purposes of school attendance in the
District?
3. If a Seniors Community resident b=r,;hes the covenant set fetTh in #2 above,
that resident shall have fifteen(15) clays to care the breach_ If the resident fails
to cure within this time, the residezil shall pay tPxe full mitigation school fee
established by the Fast Contra Costa School Financing Authority (or the
District) which is in existence at the time of tht:bmach-1 wid
4. If the residents, at a later time, elect to restructure the Seniors Community into
a non-seniors community and modify the CC&It's to eliminate the covenant set
forth in#2 above, ail residences shall pay the full mitigation school fee
established by the East Contra Costa School Financing Authority (or the
District) in existence at the time rhe CC&1R's are modified (restructured).
AdditiotuUy, you indicated that the Iiof nann Company is preparing modifications to
the environmental documents. To the 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 porion 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 Iocated in.the Byron Elementary School District. If I am mistaken, please let me know as
soar as possible.
Cz�,eaont
mom
urw3.3
W-08-96 FRI 15: 17 PINNELL K KINGSLEY FAX NO. 9165679420 P, 04/04
� Tg
ATTOfME:YS AT LAW
David T. Lennon
!march S, 1996
Page 3
If you have questions, please call_
Very truly yours,
PINNELL& KlNGSL Y
ROBERT .
cc, Vickey Rinehart. Superintendent, Knightseu Elementary School s;ftit�t--
Da.n Smith, Superintendent, Liberty Union High School District
Dennis Barry, Aging Zoning Administrator, Cancra Costa County
Wendy Wiles, Bowie, Arneson, Kadi, Wiles & Gianonne
a3os�
i.znrx�.3
PINNELL & KINGSLEY RECEIVED -71
ATTORNEYS AT LAW
601 UNIVERSITY AVENUE,SUITE 265 LAPR
4 1996
JAMES D. PINNELL SACRAMENTO, CALIFORNIA 95825-6706, EPHONE:
ROBERT E. KINGSLEY (916)rJ67-94
WENDI L. ROSS CLERK B0AT9L@rEQeIE13R1P=RS
DARWIN J. KINGHORNr C0NTFt§Q0S-4*!Q20
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 the 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.
JAJ
PINNELL &KINGSLEY
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: Knight-
041696
suprwor.3
PINNELL & KINGSLEY
- Jamex D,Pinnell (916)$67.9400 TEL
Robert E.Kingsley 601 University Avenue, Shite 265 (Q 16)c67-9420 FAX
Wendi L Rocs Sacramento, California 95875-6706
Darwin J. Kinghorn
Soma A.Hohir
Poul Nicholls SDViaa
Gregory T.Lyall
PAX TRANSMISSION SHEET
IDENTTAL - AT QO1ZNEY/CLI>EN'T PR>r!]LEGED RIPRniAT1UN
DATE: April 2, 1996 TIME: 12:07pm
PROM: GREGORY T. LYALL
NUM- RER OF PAGES, INCLUDING COVER: _ 3
MESSAGE: The following is the East Contra Costa School Financing Authorities correspondence
regarding the April 2, 1996, Discovery Bay West Application.
?Fame: Shirley Name: Dan Smith
Company-: Clcrk of the Coma Costa County Company: Liberty Union High School
Board of Supervisors Phone:
Phone: (510)646-2371 Fax: (510) 634.1687
Fax: (510) 646-1059
Namc: Finallk Hengel Name: Peggy Green
Company: Oakley Union ESD Company: Byron Union ESD
Phone: Phone:
Fax: (510) 625.1863 Full: (510) 634-9421
Name: Wendy Wiles :Fame: Doug Adanus
Company: Company: Drentwood Union ESD
Phone.: Phone:
Fax: (714) 851-2014 Fax: (510) 634-9583
Name: Vickey Rinehart Name- Denais Barry
Company: Knightaen ESD Company: Contrd Costa County
Phone: Phone: (510) 335-1210
Fax: (510)625.8766 Fax: (510)33$-1222
Name: Dan Boatwright
Company: The Hofmann Company
Phone: (510),682-4830
Fax: (510) 682-4771
he Ocament brmY fAxW is intended only for the use of the individual or enmy to w ucn it is aloarcim,ane-M-7 contain m orma ion at i5 pMUFFtl,confidential,
alld exempt from disclosure under appiieable law. if the reader of this mcssap is uut a3c in=ded recipiem,you arc heteby notified Nat any disseinini ion,
distribution of copying of ft%enmmuniestioa is micpy prohibited. if You have MtiYod dtia cummunteavoll in error,plcm notify its immediately by telephone
and rmm Oc orWrW message to su at the ahnve addrea via she United States Postai Service. Thmik yvu.
If you do not receive all pages,please oall: [ j Patti j X J Dawn j ]Kim
jX ] Uriginal will NOT follow. 1 I Original WILL follow by Fire-t-Class Maul.
[ J Original will follow by Overnight Mail.
PEKINELL & KENGSLEY
ATTORNEYS AT LAW W1 D, 8
601 UNIVERSITY AVENUE.SUITE 265
JAMES D. PiNN£LU SACRAMENTO,CALIFORNIA 95625.6706 TtLEPHONE:
Rr.OERT C.KINCZLCY (916)067.8400
WENCH L Ro" TELECUPIER(FAX):
DARwIry J.w:rvc,M4RN (916)567-9420
SOMA A.MEH R
PAUL N. BOYLAN
GREGORY T.LYALL April -2, 1996
Clerk of the Contra Costa County
Board of Supervisors
65I Pine Street, First Floor
Martinez, California 94553
Re: Discovery Bay West Development Application (2963-RZ)
Modification to Seniors Community
Consider with Itein D.8 at the April 2, 1996. Hex-Mea,
Dear Shirley:
Enclosed please find the East Contra Costa Schoo. Financing Authority's
correspondence regarding the Apr,l 3, 1996, Discovery Bay Wcsi Development Application
hearing. As we discussed, this in`orn:a,ion sho-ldd be considered in connection Kith item D.8
(consideration of the remaining project phases).
Thank-you for your assistance. If you have any questions, pleMe call.
Ver} truly yours,
PINNELL & KINGSLEY
�r
REGC7RY T. YALL 1
M:TLL & MIGSLEY 14 ) DI
AT L.AW
601 UNIVERSITY AVENUE SUITE 265
JAMES 0. P:NNELL SACRAMENTO,CALIFORNIA 95825-6706 TELEPHONE:
ROBERT E.KINGAI Ev
• 19 t 6)567-9400
WE,IDI`, R00u TELECOPIER(FAX):
DARWIN J.KINGM0e<N (916)567.9420
SC]NIA A,MEM IR
PAUL.N.BOYLAN
GREGORY T.6YALL Apni 2, 1996
Contra Costa County
Board of Supen•isors
651 Pine Street, First Floor
Martinez, California 94553
Re: Discovery Bay West Development Application (2963-RG)
Modification to Seniors Coin InLl y
Consider with Item D.$ at the April 2, 1996 Hearinz-
Dcar Supervisors:
On March 26, 19961. th; of Supervisors postponed until April 2, 1996, the
consider4tior( of the Rezoning, Prel;winary Development Plan. Final EIR plus Addendum,
CEQA Findings and Mitigation Monitoring for a portion of .h.c Discovery Bay West project
(hereinafter "Project"),
This office is working with the Hofmann Company with Hie goal of establishin*
mutually agreeable contact language to ensure that dIc Seniors Community will not have an
impact on the affected school districts of Knigl,tsen and Liberty. In a telephone conference
with Wendy Wiles, attorney for Liberty, and Dal: Boatwright, tht 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 steff will concur with putting this matter over to
the April 16, 1996, board meeting.
If, however, the Board elects to hear ti is matter, the Authority must OPPOSE the
exemption of the Seniors Com:»unity from payment or the full school mitigation amount of
$13,024 pt:r unit. Until an adequate agreement can be reached, there are inadequate
restrictions on the Seniors Community to oliarantcc that the project will not impact schools,
D.s
Contra Com 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-R2. Thank you for your consideration.
Very truly YOUI-S,
PINNZ-LL & KINGf—�
ROBERT E, NG Y
cc: Vickcv Rineharc
w
Frank Renael
Dan Smith
Peggy Green
CIO
Doug Adams
Wendy Wiles
Dan Boatwright
Dennis Barry
wll)
APR 2 3 1996
2. CLERK BOARD OF SUPERVISORS
CONDITIONS OF APPROVAL F -R I Y COS CO.
RECOMMENDED BYTHEEAST COUNTY REGIONAL PLANNIN . COMMISSION ON APRIL 3
1995
1. The development shall be based :upon the following submitted exhibits except as
modified by the conditions below. These Conditions of Approval incorporate and are
in addition to all approved mitigation measures.
A. Revised Preliminary Development.,Plan. Discovery Bay West dated received
January 11, 1995-
13. Preliminary Stieetscape - Bixler Road dated received January 11, 1995.
C. Preliminary cross-section - Bixler Road dated received January 11, 1995.
it ?.
D. Typical'play activity and soccer field area Discovery Bay West dated received
January 11..;1995. -
E. Preliminary development plan for proposed marina in•Discovery, Bay West -
Villages III and IV dated received January 11,: 1995.
F. Geotechnical Investigation Report by Kleinfelder Associates dated February 1,
1990.
G. Mitigation Monitoring Program as approved December 20, 1994 or as modified
by further Board action.
2. Approved final development plans,in conformance with ordinance requirements, shall
be required prior to any site development on this prosect area.
3. The maximum number of primary residences allowed for this project is 2,000.
(D The following major changes will be required in future final development
plansisubdivisions for'the site:
A. Villas I:
1) Redesign the area at the southeast corner of Bixler Road and Point of
Timber Road to provide a more open design avoiding the use of a solid.
Continuous wall to separate the site from Point of Timber Road. There
shaN not be an_exclusive project identification sign at this corner.
2) A day care center shall be developed in conjunction with'the school in
Village 1 subject to Zoning Administrator review and approval. Alter-
native locations can be considered.
3) Designate a community center site unless agreement has been reached
with the Discovery Bay community to provide one at a different site.
►� � p,�
- rnNnrrtnNS OF APPiiOVAI ]R 2983-A2 tOISCOVEAY SAY WEA
1 .
Moans 112
if 04tails of the recreation center and senior citizens housing Shea be
submitted prior to development of village 11 at any portion of Village IL
The senior ehizens housing wee may have &act access to Point of
Timber Ro d:
fes. 21 Provido a suiable emergemt:y.access road to tho, p" at
Pa+agu pro
.5• the nordwn end ofnephbahood duster C or subject t0 =
E 4, AdminiatratOr review and approval. Provision to a suitablesuitablepublkroad
in the area can satisfy this regtkom*nL
O
C6'(A a 31 Oesign houses near the pwk4sks area to take advantage of take views.
C6 �p
C. Villages 111 end M
w° Provide offRid
lnent plan for the proposed marina indudtn4.
o recreational faalidsa Consider a rddesign marine by bringing tho
CL canting IN to east of marina and plaetnq the marine furthw wort into
the community if acceptable to regulatory agencies and su*ct to
review and approvel of tin Zoning Administrator.
21 Allow for a trail wittlN the Lost Cana Cosa krlgotian District properh►
•� •" aceepable to the Last BOY Regional Park District or other suitable public
agency subject to Zoning Administrator review and approval.
V 31 Consider a sAWM@ pork and dde lot in the vkinity of the main entrance.
itto.Vtlages tN and IV H rea needed when ais developed. -
b ,0 4) Ossign hams now the oark4ske woos and the morins to take advanr
qtags of the lake and marina views. respectively.
ao a -
°i 11 At toast dm dM onm types of Pot Plans for pelage I and at least four
different types of plot plans,such ss a cottage-design with a garage at
c3 back of IOL vietorlarh style home& houses with the living ono-porch
.. " brought forward with a S to 15 foot setback shall be submitted for each
c vNeM CkMW homes, pede homes and two lot tree hones shah also
a. al be eontidsr�d. ModiAeadora to tin toriall"snap or development plan
wlticl do not adversely impact densities of village sub-Mas can be
reviewed and approved by the Z"M Administrator.' f'
21 Nor to recording to Pinel Map of any subdivisian for the first phase of
project, submit dotsiiod accounting of total open spas!eros per
requirements of General Plan Amendment.
SENT BY, 4- L-ZJO to•70 ?nvi
IN i. p
ofmann BUILDERS AND DEVELOPERS
COMPANY 1380 GALAXY WAY • P.O. IOX 907 • CONCORD, CA 94522
(510) 882.4830 FAX(510)8824771
April 1, 1996
Board of Supervisors
651 Pine St.
Martinez, CA 94553
RE: Discovery Bay West Rezone, Item D.8
The Hofmann Company would like to request a continuance of 2963-
RZ from April 2nd until the next. scheduled Board of Supervisors
meeting. We are still working out the agreement language with the
school districts, and don't expect to finalize. the document until the
end of this week or the beginning of next week.
Sincerely,
Dan Boatwright
7 keHofmann BUILDERS AND DEVELOPERS
COMPANY 1380 GALAXY WAY • P.O. BOY, 907 CONCORD, CA 9/522
(510) 682-4830 FAX (513; E32-4771
February 27, 1996
n -^n -,
Mr. Dennis Barry CD N
co v
Contra Costa County Development Department H en
651 Pine Street, 4th Floor, North Wing
Martinez, California 94553 rnn
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
DTLfjrd
cc: KI-IH
ATS
DB
Cry & G
c:\wIn c.rd,d`.J:i.dh",!,t.c;
ofmann BUILDERS AND DEVELOPERS
7heCOMPANY 1380 GALAXY WAY • P.O. BOX 907 • CONCORD, CA 94522
(510) 682-4830 FAX (510) 682-4771
April 4, 1996
� w
M a,
m C-
Mr. Dennis Barryzen
r-
Contra Costa County Community Development
651 Pine St., 2nd floor, North Wing
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,
Dan Boatwright
PDZ\TLL & GSI IEY
ATTORNEYS AT L-AW J�
601 UNIVERSITY AVENUE SUITE 265 �+
JAMES 0. WNNELL SACRAMENTO, CALTORNIA 95825-6706 T�=EPMoNE:
ROBERT E, KINGSO EV (916)367-9400
TELECONER(FAX):
ZARWI N J.KtNOMO&N (9 t 5)567-9420
6.QN)A A, HERR
PAIS(.N. BOYLAN
GREGORY T.I.YALL April 2, !996
Contra Costa County
Board of Supen•isors
651 Pine Street, First FIoor
Martinez, California 94553
Re; Discovery Bay West Develop!nent Application (2963•R'L)
Modification to Seniors Community
Consider with Iter D.8 at the April 2, 1996 Hearing
Dear Supervisors:
On March 26, 1996. the Bot rd of Supe-visors postponed until April 2, 1996, the
consideration of the Rezoning, Pre,iu inary Development Plan, Final EIR plus Addendum,
CEQA Findings and Nfltiganon Monitoring for a portion of the Discovery Bay West project
(hereinafter "Project").
This office is working wiU,,the Hofmal n Company with the goal of establishing
mutually agreeable contract language to ens(:re that the Seniors Community will not have an
impact on the affected school districts of Knigl,tsen and Liberty. In a telephone conference
with Wendy Wiles, attorney for Liberty, and Das: Boatwright, the Hofmann representative., it
was agreed that an additional period of thne wo-uld 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
$13,02• per unit. Until an adequate agreement can be reached, there are inadequato
restrictions on the Seniors Community to Guarantee .that the project will not impact schools.
PL's. LL & KDgG5LEY .
ATTORNEYS AT LAW �.
601 UNIVERSITY AVENUE SUITE 265
JAMES a. pINN L. SACRAMENTO.CALIFORNIA 95825.6706 YCLEPHoNE:
ROAERT S. KINC.�rLLY •
' wENDI L.R035
(81(3)567.9400
TELECUPIER(FAX):
o.�RwiN�.nlsvctrcaRN (916)567.9420
50NIA A.HEHIR
PAUL N.BOYLAN
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 Seniom Community
Considcr with Item D,8 at [he April: 2, 1996. Hearing
Dear Shirley:
Enclosed please find the ast Contra Costa School Financing Authority's
correspondence regarding the April 2, 1996, Discovery Bay 'v1'est Development Application.
hcaring. As we discussed, this in+ormaJon sho;tld be considered in connection with itcm D.8
(Consideration, of the remaining project phases).
Thank-you for your assistance. 1f VOLI have 2I11y questio)ts. please cal!.
Very truly yours,
HNNELL & KINGSL)✓Y
�1
r
.4J
REG�ZY T. LYALL 1
PPC\TLL & MGSI EY
• ATTORNEYS AT 1-AW
601 UNIVERS17Y AVENUE SUITE 265
JAMES 0. P:NNELL SACRAMENTO, CALIFORNIA 95825-6706 TE:.EPHONE:
ROBERT E. KINGSt r-v
(9 t 6)667.9400
WENDI L. RO,^,.0 TELECOPIER(FAX):
DARWIN J. KINGHGrk-4 (916)567.9420
6,VN)A A.HEMIR
PAUL N.BOYLAN
GREGORY T.trYALi Apr;) :, 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 Co(n n•1ulZity
Consider with Iter D.8 at the April 2, 1996 Hearir..g
Dear Supervisors:
On March 26, 1996. the Board o Stipa-visors postponer, until April 2, 1996, the
consideration of the Rezoning, P:-ei'minary Deve!opment Plan, Final EIR plus Addendum,
CEQA Findings and I�•litigation Monitoring for a portion of the Discovery Bay West project
(hereinafter "Project").
This office is working with the Hoff: am Company with ilie goal of establishing
mutually agreeable contract language to ensure that the Seniors Community will not have an
impact on the affected school districts of Knigt;tsen and Liberty. In a telephone conference
with Wendy Wiles, attorney for Liberty, and Dal: Boatwright, the Hofmann representative, it
was agreed that an additional pericie of tiln)e would be required to resolve this issue. It is
possible that an agreement may be tinaiized as early as May 5, 1996.
We have been informed that County staff wil! concur with putting this matter over to
the April 16, 1996, board meeting.
If, however, the Board elects to hear tris matter, the Authority must OPPOSE the
exemption of the Seniors Com(rlunity from payment of the frill 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.
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. �NGY
cc: Vickey Rinehart
Frank Hengel
Dan Smith
Peggy Green
Doug Adams
Wendy Wiles
Dan Boatwright
Dennis Barry
Fik: Kri&Len .
040-1
auprvwr
Apr-23-96 07 : 29A Byron School District 510-634-9421 P .01
• Byron Union School District
CONTRA COSTA COUNTY
14401 BYRON HIGHWAY.BYRON,CALIFORNIA 94514-9251
(510)634-6644
FAX(510)634-9421
Peggy Green,Superintendent
Byron Middle School Discovery Bay I;icmcntary Schad
14401 Byron Highway 1700 Willow Luke Rd.
Byron,CA 94514 Byron.CA 94514
(510)634-2128 (510)634-2150
April 22, 1996
Contra Costa County
Board of Supervisors
651 Pine Street
First Floor
Martinez, CA 94553
RE: Discovery Bay West Development Application (2963-RZ).
Modification to Seniors Community
Dear Supervisors:
On April 16, 1996, legal counsel for the East Contra Costa Financing Authority, of which Byron
Union School District is a member, wrote to ask that the Board of Supervisors postpone any
decision on Phases II to IV of the Discovery Bay West Development until the developer and
the authority are able to agree on terms of mitigation regarding schools.
We are writing to inform the Board of Supervisors that Byron Union School District ("School
District") is faced with somewhat unique circumstances. In 1990, the School District entered
into a binding settlement and mitigation agreement with the Hofmann Company concerning
Phases 1 to III of the Discovery Bay West Development. This agreement explicitly created a
covenant running with the land. Among other terms, the agreement contemplated the creation
of a Mello-Roos Community Facilities District that would cover the entire area of the Discovery
Bay West Development. This agreement was reached based on the mutual assumption that
all of the concerned property would be developed for traditional residential uses.
If the County were now to allow conversion of the development to senior housing, it is unclear
what the effect will be on the existing mitigation agreement. Certainly, it would make
imposition of a Mello-Roose on the entire Discovery Bay West Development difficult,
particularly since Phase I as approved did involve traditional residential housing.
The School District feels confident that it will be able to reach a mutual understanding with the
developer of how the current mitigation will be affected by conversion to senior housing, or in
the alternative, will be able to enter into a new agreement with the developer.
Apr-23-96 07: 29A Byron School District 510-634-9421 p. O2
Board of Supervisors
Page 2
April 22, 1996
With this goal in mind, and at the direction of the School District's governing board, the School
District is currently making contact with the developer to address the viability of the existing
agreement and, if necessary, to enter into a new agreement. By deferring approval of the
conversion to senior housing, the Board of Supervisors will allow the Authority to reach an
agreement concerning the school impact issue an well as giving the School District time to
resolve the specific issues concerning the existing mitigation agreement.
For the foregoing reasons, the School District requests either that the Board of Supervisors
defer consideration of application 2963-R2, or alternatively, if the application is to be
approved, that the county explicitlycondition such approval on the continued application of the
terms of the existing mitigation agreement between the project applicant and the School
District.
We appreciate your attention to this matter, and look forward to working with the developer
and the County alike to ensure that future residents of the School District have access to
adequate school facilities.
Very truly yours,
Peggy Green
Superintendent
Encl.: Compromise, Settlement and Release Agreement
cc: Hofmann Company
East Contra Costa School Financing Authority