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Home My WebLink AboutMINUTES - 05211996 - D13 Conga Costa TO: BOARD OF SUPERVISORS County ti FROM: HARVEY E. BRAGDON �•. -z •civ DIRECTOR OF COMMUNITY DEVELOPMENT osrA coiiK� DATE: MAY -21, 1996 SUBJECT: DECISION ON REMAINDER OF THE HOFMANN DISCOVERY BAY WEST PROJECT, REZONING FILE #2963-RZ TO REZONE THE REMAINDER OF THE 756.19 ± ACRE SITE TO PLANNED UNIT DISTRICT FOR 11676 ADDITIONAL RESIDENTIAL UNITS FOR VILLAGES II, III AND IV OF THE DEVELOPMENT, COMMERCIAL RECREATIONAL CENTER, A SENIOR HOUSING VILLAGE, MARINA, LAKES, OPEN SPACE AREAS, TRAILS AND OTHER LANDSCAPED AREAS. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept as adequate and in compliance with CEQA the previously certified Final Environmental Impact Report and Addendum. 2. Approve Rezoning #2963-RZ (Villages II, III and IV) along with the preliminary development plan, subject to conditions as recommended by the East County Regional Planning commission and as amended (Attachment A) . 3 . Adopt the Final EIR and Addendum and CEQA Findings (Attachment B) and approve the related Mitigation Monitoring Program (Attachment C) . CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON May 21 , 1996 APPROVED AS RECOMMENDED OTHER X See the 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:Art Beresford 335-1212 Orig: Community Development Department ATTESTED May 21 ,' 1996 cc: Hofmann Company ' PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Sheriff-Coroner AND COUNTY A INISTRATOR Public Works Department Discovery Bay MAC BY , DEPUTY Byron MAC Knightsen Town Council East Bay Municipal Utility District Health Services Department Hazardous Materials Division East County Regional Planning Commission East Contra Costa Irrigation District Byron-Bethany Irrigation District East Bay Regional Park District AB/df B03 :RZ2963 .bo Page Two 4 . Adopt the East County Regional Planning Commission's Findings as set forth in Resolution #14-1995 as basis for the Board's determination for this action. 5. Introduce Ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. 6. Direct Staff to post the Notice of Determination with the County Clerk and the Govenor's Office of Planning and Research for the above actions. FISCAL IMPACT Covered by Developer fees. BACKGROUNDIREASONS FOR RECOMMENDATIONS On May 23, 1995 the Board closed the hearing on 2963-RZ (Discovery Bay West) and directed staff to prepare final documentation for the rezoning project. Further closed hearings were held by the Board on June 6, 13, 20, 27, 1995 and also on July 11 and 25, 1995. At the June 27, 1995 Board hearing on 2963-RZ, the applicant requested that the Board consider a reduced P-1 proposal that would consist of proposed Village I only. Village 1 is located south of Point of Timber Road and east of Bixler Road. The Village, as proposed, contains 324 single family lots, a 10 acre school site, a 6.5 acre park-fire station site, 13.4 acres of open space (wetlands) , a park and ride lot, and a recreation vehicle parking area. The area of Village I is approximately 96. 55 acres of land. On July 25, 1995, the Board approved the P-1 Rezoning and Preliminary Development Plan for Village I only and deferred the decision on the rest of the project (Villages II, III and IV) to January 16, 1996. At that time the Developer and affected school districts indicated they had reached agreement on School Mitigation Measures. On January 16, 1996, the Board continued the decision on the remainder of #2963-RZ to March 26, 1996, as the Developer and affected School Districts had not yet reached an agreement on School Mitigation Measures as requested by the Board. In late February 1996, the Developer, the Hofmann Company, indicated that they wanted to revise Villages II, III and IV of their project to Active Senior Housing (Agee 55 and above) . As a result of these changes, Staff recommended that the Board refer #2963-RZ back to the East County Regional Planning Commission for a report and recommendation on the proposed changes. On March 26, 1996, the Board rescheduled the decision on the remainder of 2963-RZ to April 2, 1996. On April 2, 1996 the Board again continued the decision on the remainder of #2963-RZ to April 16, 1996 and then to April 23, 1996. In the meantime, the Developer indicated that they no longer wanted to develop the remainder of #2963-RZ as an Active Senior Project and that they were near agreement with the affected School Districts (Knightsen School District and Liberty Unition High School District) on School Mitigation Measures. /, Page Three As a result of the agreement between the Developer and the affected School Districts, the Board declared their intent to approve the remainder of #2963-RZ and Preliminary Development Plan and directed staff to prepare revised Conditions and other documents for the Board's approval. Staff has prepared Revised Conditions of Approval for the remainder of #2963-RZ (Attachment A) . References to requirements for Village I have been deleted as that area has already been approved for Rezoning to P-1. Also, the Contra Costa County Flood Control and Water Conservation District has requested that reference to their Agency be deleted on pages 3 , 4 and 85 of the Mitigation Monitoring Program. This reference was in error. Contra Costa County would be the monitoring Agency in this case. Staff has no objections to these requested changes to the Mitigation Monitoring Program (Attachment C) . The CEQA Findings need slight changes so that they no longer refer to Village I only. On Page 5 of the CEQA Findings, 3rd paragraph, the section of the first sentence "and is the only phase that is rezoned at this time," should be deleted. Two sentences at the end of the above paragraph need to be added to read as follows "Village I has already been rezoned. Villages II, III and IV are the only phases of the project that are being rezoned at this time." On Page 3, top paragraph, of the Mitigation Monitoring Program the sentence "Only the Mitigation Measures impacts that relate to Village I are implemented in this Mitigation Monitoring Program." should be deleted. ADDENDUM TO ITEM D.13 Agenda May 21, 1996 On April 23, 1996, the Board of Supervisors continued to this date consideration of the decision on the remaining phases for the Discovery Bay West Project (RZ 2963), Hofinann Construction Company (Applicant) and Hofinann Construction Company and Edna M. Fallman (Owners). Dennis Barry, Community Development Department, advised the Board that the applicant had requested an extension of time for the matter to be heard. He also advised that the hearing had been closed and the Board had previously declared its intent to approve the Project. The following person presented testimony: Clifford Pisenti, Discovery Bay Municipal Advisory Council, 5052 Double Point Way, Discovery Bay. Supervisor Torlakson moved that the matter be continued to June 25, 1996, at 2:00 p.m. Supervisor Rogers seconded the motion. IT IS BY THE BOARD ORDERED that the above matter is CONTINUED to June 25, 1996, at 2:00 p.m. in the Board's chambers. SENT BY: 5-16-96 ; 5:01PM ;HOFbi.ANN CO - CONCORD-4' 1 I I i ofman BUILDERS fAND D £ VEL0PERS wH COMPANY 1380 GALAXY WAY • ` R0. BOX 907 • CONCORD, CA 94522 (510)682 ,e30 FAX(510) 682.4771 I I May 16, 1996 I Board of Supervisors Contra Costa County 651 Pine St. i Martinez, CA 94553 I RE: Discovery Bay West I The Hofmann. Company hereby retlucsts that consideration of the Rezoning (2963-RZ) for Villages Il, III, and IV of Discovery Bay West at. the May 21, 1996 Board meeting be postponed for two weeks. f Sincerely, Dan Bo-at.wright i i I i I 1 i l 1 I e: Planning Department J&50 V S mart Q.V�Ns�LQAa I