HomeMy WebLinkAboutMINUTES - 07131999 - D4 . � Contra
TO: BOARD OF SUPERVISORS/ ;' Costa
REDEVELOPMENT AGENCY County
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR
DATE: July 13, 1995
SUBJECT: Hearing on the Amendment to the Amended and Restated Acquisition and Development
Agreement (County File#DA201) between the County, County Redevelopment Agency
and Bay Area Rapid Transit District (BART) for the properties located north of Treat
Boulevard, east of Oak Road and west of Coggins Drive in the Pleasant Full BART
Station Area of the County, measuring approximately 18.8 acres. (APN's 143-250071,
148-221-034 and 148221-038)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQQMMENDATIONa
1. Certify that the Environmental Impact Report prepared for the Amendment to
the Pleasant Full BART Station Area Specific Plan is adequate for purposes
of compliance with the California Environmental Quality Act (CEQA).
2. Approve the amendment to the Amended and Restated Acquisition and
Development Agreement relative to the Development Area known as Areas
11 and 12 in the Pleasant Full BART Station Area to lower the allowable
density to a maximum of 800,000 gross square feet from 1,265,000 gross
square feet.
3. Direct the Director of Community Development to sign and execute the
Amended and Restated Acquisition and Development Agreement after it has
been duly signed by BART officials.
CONTINUED ON ATTACHMENT: YES SIGNATURE ,"
®� RECOMMENFATION 0 COMTY ADMINISTRATOR _ RECOMME, D f ISN C)F ARC COMMIT E
APPROVE OTHER
SIGNATURES :
ACTION OF BOARD ON � v 1999 APPROVED AS RECdMMENDED xx OTHER
See Ordinance No . 99-29 as an attachment .
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
xx UNANIMOUS (ABSENT - ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN,
ABSENT: ABSTAIN:
ATTESTED
Contact: Aruna Bhat 925-335-1219 PHIL BATCHELOR, CLERK OF THE BOARD OF
cc: Community Development (CDD) SU ERVISORS AN COUNTIC ADMINISTRATOR
Redevelopment Agency
Bay Area Rapid Transit District (via B , DEPUTY
Redevelopment Agency) A --
AMBImp
PHBSA.bo
4. Direct the Deputy Director - Redevelopment, to sign and execute the Amended and
Restated Acquisition and Development Agreement on behalf of the County
Redevelopment Agency after it has been duly signed by BART officials.
5. Adopt the attached Ordinance putting it into effect.
FIS AL M2A-QI
None
BACKGROUNDIREASQNS F REQOMMENDAMONS
In 1985, Contra Costa County, County Redevelopment Agency and BART entered into an
Acquisition and Development Agreement providing for development of between approximately
600,000 square feet and 1,265,000 square feet of non residential development together with
some residential development. In 1995, the original Development Agreement was amended
and restated to extend the term for an additional ten years from September 1995 and to to
eliminate provisions of the Agreement that are no longer relevant or have been performed by
the parties.
The EIR prepared pursuant to CEQA, in connection with the consideration and adoption of the
Pleasant Hill BART Station Area Specific Plan, identified and determined necessary mitigation
measures which need to be undertaken to address the impact of land use in the Station Area
as contemplated by the Specific Plan.
The EIR analyzed the impact of development of the subject property in the manner
contemplated by the Agreement. The Agreement does not change the scope, use, density or
any other physical aspects of the development of the subject property.
The standards for the Development anticipated by this amendment to the Agreement area are
as follows:
(a) The maximum density of non residential development shall not exceed 800,000 gross
square feet of building:
(b) The minimum density of non residential development shall be 600,000 gross square feet
of building;
(c) Requires the County and BART undertake a Community Planning Program prior to
submitting any development application with the County.
The agreement conforms with the General Plan and Specific Plan policies for the site. The
Agreement extends the term of life for 25 years, expiring in the year 2024.
This matter was heard by the Zoning Administrator on April 19, 1999. The Zoning Administrator
closed the public hearing and found that the Amendments to the Amended and Restated
Acquisition and Development Agreement was consistent with the County General Plan and the
Specific Plan for the Pleasant Hill BART Station Area. The Zoning Administrator recommended
that the Board of Supervisors find that the Agreement is in compliance with CEQA
requirements, State Law, County policies, County General Plan and the Specific Plan,
ORDINANCE NO. 9 9-2 9
(Amended and Restated Acquisition and Development Agreement between Contra Costa
County, County Redevelopment Agency and Bay Area Rapid Transit District
regarding Areas 11 and 12 in the Pleasant 11iill BART Station Area)
The Board of Supervisors of the County of Contra Costa ordains as follows:
Sedion L Findings
The Board hereby finds that the provisions of that certain Amendments to the Amended and Restated
Acquisition and Development Agreement between the County of Contra Costa(County), County
Redevelopment Agency (Agency) and the Bay Area Rapid Transit District (BART)relating to the
property known as Areas 11 and 12 in the Pleasant 11ill BART Station Area, a copy of which is on
file with the Clerk of the Board, and which has been found by the County Zoning Administrator to
be adequate for approval, is consistent with the County's General Plan and the Pleasant Hill BART
Station Area Specific Plan, as established by the terms of the Amendment to the Amended and
Restated Acquisition.and Development Agreement, the County Zoning Administrator, and by such
other information in the record before the Board. The Board hereby finds that the Environmental
Impact Report prepared for the Pleasant Hill BART Specific Plan Amendment is in compliance with
CEQA since the amendments to the Agreement do not change the scope, use, density or any other
physical aspect of development which could occur on the subject property.
Section II Approval
The Board hereby approves, pursuant to the authorization provided in sections 65864 et seq. of the
Government Code of the State of California the Amendwnts to the Amended and Restated
Acquisition and Development Agreement,between the County of Contra Costa, Agency and BART,
relating to the property known as Areas 11 and 12 of the Pleasant Hill BART Station Area, a copy
of which is on file with the Clerk of the Board and is incorporated in this Ordinance for all purposes
by this reference. The Director of Community Development is hereby authorized to execute said
Agreement on behalf of the County and post a Notice of Determination pursuant to CEQA. The
Deputy Director-Redevelopment is hereby authorized to execute said Agreement on behalf of the
County Redevelopment Agency.
SectiM Ill. Seyerability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for
any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the
remaining portions of this ordinance. The Board hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective
of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence,
clause or phrase.
Ordinance 99-29
4
Section IV. Efl`e&1ive Date
This ordinance shall become effective thirty(3 0)days after passage and, within fifteen(15) days of
passage,the names of the Supervisors voting for an against it shall be published once in theme
Wit&:;i a newspaper published in this County.
PASSED AND ADOPTED on duly 13, 1999, by the following votes:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DeSAULNIER and
CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: PIDL BATCHELOR
Clerk of the Board of Supervisors
and Gountv Administrator
9
B
Deputy *Board�of
clam lla, Chair,
(j pervisors
Date: July 13 , 1999_
Ordinance 99-29
PROOF OF PUBLICATION r
NOTICE OFA PUBLIC iR.
(2015.5 C.C.P.) c"HEARIIVED
BsTACtE3UNETv
HOARD OF SUPE RVf80A8
STAT OFCALIFORNIA ON PLANNING MATTERS
County of Contra Costa PLEASANT HILL AREA JUN 18 1999
1 am a citizen of the United States and a resident of the NOTICE is hereby given that
on TUESDAY,JULY 13,1999,
County aforesaid; I am over the age of eighteen years, at gots p.m., in the Dcur..
and not a party to or interested in the above-entitled pneiSttereet (Cometion liod n LR QTR # ORS
and Escobar Streets), Marii-II
matter. MOTA
nes, California the Contra i
TA
Costa County board of Su-
I am the Principal Legal Clerk of the Contra Costa Times, 9,Msors wlil hold a public
a newspaper of general circulation, printed and published IIe9pa consider the fol-
owing ir
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598. Recommendation of the
Contra Costa County Zoning
Administrator on the requea.
And which newspaper has been adjudged a newspaper of by the San Francisco Bay Ar-
genera=circulation by the Superior Court of the County of B( ART)Applicant Bind Owner)
Contra Costa, State of California, under the date of fo review and approve an Ac-
October 22, 1934, Case Number 19764. qquieition and Development
Acreement between ire
County County Redevelop
The notice, of which the annexed is a printed copy (set in melt Agenoy, and the son
Francisco Bay Area Rapid
type not smaller than. nonpareil), has been published in Transit Dia rIct(BORT)to low-
each regular awd entire issue of said newspaper and not mxxrrut a#ble des yroaa
M any supplement thereof on the following dates,to-wit: sq, ft. from 1,2s5,o00 roes
sq.ft.In accordance wit the
June 1 5
amended e ais Pla Plan
use 6
Pleasant Hili BART station.
all in the year of 1999 (County File#DA 201).
The lortcyation of the subject
I certify dor declare) under penalty of perjury that the prat- ter`riioryoftthecoun-
foregoing is true and correct. �y or contra costa, state of
Callfomla,generally identified
below (a more precise do-
Executed at Walnut Creek, California, scription may be examined In
On this 15 day of June, 1999 the Office of the Director of
Community Development,
f
rr yf CouryAdministration Build-
Ing, vartinea,Callfomla):.............
Jignature The sub'ect property is ap-
prox{mat'ety 19.8 acres In
alae located north of'creat
Contra Costa Times Bouiavard,aastofOak Road,
P 0 Box 4147 and west of�oo��ns Drive in
Walnut Creek, CA 34536 the Pleasantdlill�ARTStation
Area.
(510) 935-2525
ifyou chaitenge this matter lr,
Court,you may be limited to
Proof of Publication of: raising only those issues you
(attached is a copy of the legal advertisement that or someone also raised at
Ise oubtic hearing described
published) in this notice, or in written
p correspondence delivered to
the County at,or prior to,the
public hearing.
Prior to the hearing,Commu-
nity Development Defart-
rent
staff wM I be avaliabla on
Tuesday, July 13, 1999, at
10:00 a.m.,In Room 108,Ad-
ministration Building, 851
Pisa Street, Martinez, to
meet with any interested par-
ties in order to (1) answer
questions; (2) review the 1
tsearing proaedurea used by
the Board; (3) clarify the la-
suss bein considered by the;
9card;an�(4)provide an ap-
portunity to leientlN, resolve,l
or narrow anX ddifferences y
which remain In dispute. if
you wish to attend this meet-
ing with staff,please calf
Aruna Bratment,Comymunity Da-
epartment, at
o 2Ma day,JDuy 12 9 to
confirm your partiolpstion.
Date:June 9,1999
PHIL BATCHELOR, Clerk of
the Board of Supervisors and I
County Administrator
By:Barbara S.Grant,
Delsuty Dark
288
Le a!CCT 8108
Publish:June IS,1898
i
NOTICE OF A PUBLIC HEARING BEFORE THE
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
ON PLANNING MATTERS
PLEASANT HILL AREA
' OTICE is hereby given that on Tuesday-Ju4 13. 1999. at-1 l:QQ a.m. in the County
Administration Building, 651 Pine Street, (Comer of Pine and Escobar Streets),Martinez,
California, the Contra Costa County Board of Supervisors will hold a public hearing to consider
the following planning matter:
Recommendation of the Contra Costa County Zoning Administrator on the request by the San
Francisco Bay Area Rapid Transit District(BART) (Applicant and Owner) to review and
approve an Acquisition and Development Agreement between the County, County
Redevelopment Agency and the San Francisco Bay Area Rapid Transit District(BART) to lower
the allowable density to a maximum of 800,000 gross sq. ft. from 1,265,000 gross sq. ft. in
accordance with the amended Specific Plan and the General Plan for the Pleasant Hill BART
station. (County File#DA 201).
The location of the subject property is within the unincorporated territory of the County of
Contra Costa, State of California, generally identified below(a more precise description may be
examined in the Office of the Director of Community Development, County Administration
Building, Martinez, California):
The subject property is approximately 18.8 acres in size, located north of Treat Boulevard, east
of Oak Road, and west of Coggins Drive in the Pleasant Hill BART Station Area.
If you challenge this matter in Court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the County at,or prior to, the public hearing.
Prior to the hearing, Community Development Department staff will be available
on Tuesday,July 13, 1999, at 10:00 a.m., in Room 108,Administration Building,651 Pine
Street,Martinez,to meet with any interested parties in order to (1) answer questions; (2)review
the hearing procedures used by the Board; (3)clarify the issues being considered by the Board;
and(4)provide an opportunity to identify, resolve, or narrow any differences which remain in
dispute. If you wish to attend this meeting with staff,please call Aruna Bhat,Community
Development Department, at(925)335-1219 by 3:00 p.m. on Monday,July 12, 1999,to
confirm your participation.
Date: June 9, 1999
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
Coity Administrat
4-
By ." ffklk
b r S C tt. a
ara S. Qjra t, Vuty Clerk
2At