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ORDINANCE NO. 95-18
(Stonecastle II Development Agreement)
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WHEN RECORDED RETURN
TO CLERK,
BOARD OF SUPERVISORS
The Board of Supervisors of the County of Contra Costa ordains as follows:
Section 1. Findings. The Board hereby finds that the provisions of that certain
development agreement by and between the County of Contra Costa and Stonecastle
II, A California Limited Partnership, relating to the development known as Stonecastle
(the "Development Agreement"), a copy of which is attached to this Ordinance as
Exhibit 1, and hereby incorporated into this Ordinance for all purposes by this
reference, has been found by the County Zoning Administrator to be adequate for
approval, is consistent with the County's General Plan (as established by the terms of
the Development Agreement, the determinations of the County Community
Development Department, the County Zoning Administrator, and such other information
in the record provided to the Board). The Board hereby further finds that the underlying
development project to which the Development Agreement relates was subject to full
and proper environmental review under CEQA. This project is exempt under the
general rule of applicability that the project has no potential for causing a significant
impact on the environment.
Section II. Approval. Pursuant to the authorization provided in Section 65864 et seq. of
the Government Code of the State of California, the Board hereby approves the
Development Agreement. The Board hereby authorizes the Director of Community
Development to execute the Development Agreement on behalf of the County and to
file a notice of exemption pursuant to Section 15061(b)(3) and (d) of the State CEQA
Guidelines regarding this approval.
Section III. Severability. 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.
Section IV. Statute of Limitations. No action or proceeding ("Action") may be brought
by a person, public agency, or public or private corporation, partnership, association,
organization or other business or non-business entity other than the parties to the
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Development Agreement or their successors, to attack, review, interpret, set aside,
void, or annul all or any part of the Development Agreement or the decision of the
County of Contra Costa to approve and execute the Development Agreement, unless
the Action is commenced and service made on the County of Contra Costa within
120 days from the County's adoption of this Ordinance.
Section . Effective Date. This Ordinance shall become effective 30 days after
passage and, within 15 days of passage, shall be published once with the names of
Supervisors voting for and against it in the Contra Costa Times, a newspaper of general
circulation published in this County.
PASSED and ADOPTED on March 21 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and County Administrator
Xj IX"
Deput Boar Chair
Date: March 21 , 1995
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