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TO: BOARD OF SUPERVISORS of .,.;;;; ,�
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County
FROM: HARVEY E. BRAGDON ., _ 1
DIRECTOR OF COMMUNITY DEVELOPMENT °�s---
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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 2, . 1996 APPROVED AS RECOMMENDED OTHER
See attached .Addendum for Board action,
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:Arther Beresford - 646-2031
Orig: Community Development Department ATTESTED April 2, 1996
cc: Judy Coons - Auditor-Controller PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
David Joslin - CDD AND COUNTY ADZZSTRATOR
Hofmann Co.
County Counsel BYi 11'r , DEPUTY
Public Works - Eng. Services
Discovery Bay MAC
See Second Page for Additional ccs.
7D. 8`
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. 2973, 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
Agenda April 2, 1996
On March 26, 1996, the Board of Supervisors continued to this date the
hearing on the decision of Phases II to IV for the Discovery Bay West Project
(2963-RZ) Hofinann Construction Company (Applicant) and Hofinann
Construction Company and Edna M. Fallman (Owners).
Dennis Barry, Community Development Department, advised the Board
that since the hearing would be lengthy, and due to other agenda constraints, it
may be reasonable to continue today's hearing.
Following Board discussion, and by consensus of the Board of
Supervisors, it was suggested that the hearing be continued to April 16, 1996, at
3:00 p.m.
IT IS BY THE BOARD ORDERED that the hearing on the above matter
is CONTINUED to April 16, 1996, at 3:00 p.m. in the Board's chambers'