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Home My WebLink About093-95RESOLUTION NO. 93-95 APPROVING A MEMORANDUM OF AGREEMENT FOR JOINT REVIEW AND PROCESSING OF A PRELIMINARY AND FINAL DEVELOPMENT PLAN AND VESTING TENTATIVE MAP FOR THE ALAMO SPRINGS PROJECT (APN# 197-082- 014, 016, 017, 018 and 020) WHEREAS, Contra Costa County and the Town have received notification of an intent to file a development project for residential development of a 148+/- acre site identified as the Alamo Springs property, which is split between the jurisdictional boundaries of the County (APN #197-050-018, 109) and the Town (APN #197-082-014, 016, 017, 018 and 020); and WHE~S, it is in the mutual interest of both the County and the Town to coordinate the review and approval process for the development to assure that the project related impacts dealing with traffic, soils and geology, visual impacts, drainage, etc., are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development and trails, assessment and payment of municipal service costs, and collection of development fees, etc., are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate parallel development projects with the County and the Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property (Preliminary and Final Development Plans and Vesting Tentative Map); and WHEREAS, the County and the Town have prepared a Memorandum of Agreement (MOA) setting forth responsibilities and a process to insure coordinated review; now, therefore, be it PAGE 1 OF RESOLUTION NO. 93-95 RESOLVED, by the Town Council of the Town of Danville that the Town Council hereby finds that it is appropriate to enter into a Memorandum of Agreement with Contra Costa County for joint review and processing of the Alamo Springs development. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, June 20, 1995, by the following vote: AYES: Greenberg, NOES: None ABSTAINED: None ABSENT: None Doyle, Ritchey, Shimansky, Waldo MAYOR APPROVED AS TO FORM: I CITY ATTORNEY ATTEST: CITY CLERK (Acting) PAGE 2 OF RESOLUTION NO. 93-95 MEMORANDUM OF AGREEMENT ALAMO SPRINGS WITH CONCURRENT PRELIMINARY AND FINAL DEVELOPMENT PLAN AND TENTATIVE MAP REQUESTS COUNTY OF CONTRA COSTA/TOWN OF DANVILLE This Memorandum of Agreement is entered into as of July, 1995, by and between the County of Contra Costa (hereinafter, "County"), the Town of Danville (hereinafter, "Town"), and Corrie Development Corporation (hereinafter, "Applicant"). RECITALS This Memorandum of Agreement is based on the following facts and circumstances: WHEREAS, the County and the Town have received notification of an intent to file a development project for residential development covering an 155 +/- acre site identified as the Alamo Springs property which is split between the jurisdictional boundaries of the County (125 +/- acres, identified as APN 197-050-018, -109 and the Town (30 +/- acres, identified at APN 197-082-014, 016, -017, -018 and -020); and WHEREAS, the physical characteristics of the property are such that delivery of urban services will primarily occur through the Town of Danville - La Gonda Way access corridor, resulting in a situation where a disproportionate amount of the impacts resulting from the development and occupancy of the proposed residential units will be imposed upon the Town of Danville and its residents; and WHEREAS, it is in the mutual interest of both the County and the Town to coordinate the review and approval process for the development project to assure that project related impacts dealing with traffic, soils and geology, visual impacts, drainage, etc., are adequately identified and addressed; and WHE~, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development, and equestrian trails, assessment and payment of municipal services costs, and collection of development fees, etc., are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate parallel development projects with the County and the Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property (envisioned to include a General Plan Amendment Study, Preliminary and Final Development Plans and a Vesting Tentative Map); and A'TTACH IENT WHEREAS, joint processing of the development project will afford the developer a single, unified process; and WHEREAS, State Planning and Zoning Law provides for the creation of special procedures to accommodate joint review and approval of development projects which involve lands falling in multiple jurisdictions; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and of the mutual advantages to be obtained from the implementation of such promises, the parties hereto agree as follows: I. Coordinating Committee. A Coordinating Committee is established consisting of two members of the County and two members of the Town -- namely, , Contra Costa Supervisor, District; Councilmember of the Town Council of the Town of Danville; San Ramon Valley Regional Planning Commissioner; and Danville Planning Commissioner. This Committee shall be vested with the following powers and duties: A. To establish a timetable and work program in conjunction with the staffs of the County and the Town for the processing of the development application; B. To approve the selection of the respective planning division representatives from the Town and the County who shall serve in the role of Project Planners and shall be vested with the following powers and duties: 1. To work directly with the Applicant and the Coordinating Committee in formulating a development application and participating in negotiations and informal discussions concerning the development of the property; 2. To report to the Coordinating Committee and the officials of each jurisdiction with recommendations for their approval after reviewing all suggestions and recommendations from the staffs of each jurisdiction, the Coordinating Committee, and the Applicant; 3. To prepare staff reports, environmental documentation and related paperwork concerning the development of the property; 4. To coordinate, schedule, and provide all necessary documentation, reports, and recommendations to the Danville Planning Commission and the San Ramon Valley Area Planning Commission as well as to the Danville Town Council and the Contra Costa County Board of Supervisors for the hearing process on the application. 2 C. In the event of different recommendations from the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, the Coordinating Committee will review those differences and seek to resolve them prior to submittal of the project to the Contra Costa County Board of Supervisors and the Danville Town Council. II. Public Hearing and Notice Requirements. The public hearing and notice requirements for the development applications shall proceed simultaneously with the County and the Town. III. Simultaneously/Independent Processing. This Agreement contemplates the coordinated processing of the application between the two jurisdictions for simultaneous independent approval with identical findings and conditions of approval. If, for any reason, the Applicant is unable to obtain such approval from either the County of the Town, Applicant may proceed to process its development plan independently in each jurisdiction, and this Agreement shall not have any further force or effect. County and Town shall thereafter retain their respective powers and duties in each of their respective territorial jurisdictions. IV. Fees and Costs. The staffs of County and Town estimate that the total of the application fees, costs associated with the project's environmental review, and County and Town staff surcharges for environmental review may be approximately ($ ). In order to expedite processing, Applicant agrees to deposit the sum of ($ ) in an interest bearing account at a financial institution acceptable to Town and County which account will be in the name of Applicant and all interest accumulating thereon shall be for the benefit of Applicant. The monies in that account shall be available to apply to the foregoing and related expenses as determined by the Town and County through the Project Planners. If actual costs and expenses exceed ($ ), then, upon written notification from the Project Planners, Applicant shall deposit such additional monies in such account as are necessary to complete the processing of its application under this Agreement. Town and County shall determine the allocation, between those two jurisdictions, of each such fee and/or cost. All financial matters shall be administered by the Town. The funds held in this account are and shall remain the property of Applicant but are deposited by Applicant as a good faith effort to have funds available to expedite the processing of the applications. V. Amendment to Memorandum. This Memorandum may be amended by the written consent of the parties to it. VI. Designation of Lead Agency. The County is hereby designated as the lead agency on this project for all purposes under the California Environmental Quality Act (CEQA). VII. Effective Date of Memorandum. This Memorandum shall remain in effect from July, 1995 until all entifiements have been resolved. VIII. Counterparts. This Memorandum may be signed in counterparts on signature pages attached to form a complete document. App~pved by Town of Danville: Mayor, Town of Danville (Council Resolution No. 93-9~ Attest: City Clerk (Acting) By City Attorney 4 Approved by Contra Costa County: By Chair, Contra Costa County Board of Supervisors (Board Order No. ~.) Attest: By County Administrator and Clerk of the Board of Supervisors Approved as to Form: By County Counsel Approved by Applicant: By By c:planning/gailey/corrie.a