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Title:
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DEVELOPMENT AGREEMENT ANNUAL REVIEW – SHAPELL INDUSTRIES (Applicant and Owner), County File #AR24-0117: This is a public hearing on the Project Year 2024. Annual Review of the Shapell Industries Development Agreement dated April 8, 1996, by and between the County of Contra Costa and Shapell Industries relative to the Gale Ranch Development Agreement (Phases II-IV). The subject property consists of 973 acres located on both sides of Dougherty Road, east of the Country Club at Gale Ranch Project boundary and west of Alamo Creek, in the Dougherty Valley, San Ramon area. (P-1) (ZA:W-19, V-19) (CT 3551) (Parcel #206-040-002,-003,-004; 206-240-003,-010; 217-060-025; 206-080-010). AV
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Project Title:
Development Agreement Annual Compliance Review
Gale Ranch Development- Shapell Homes
County File(s):
AR24-0117
Applicant/Owner:
Shapell Homes
Zoning/General Plan:
Zoning: Planned Unit Development (P-1). General Plan: Single-Family Residential, High-Density (SH), Single-Family Residential, Medium Density (SM), Multi-Family Residential, Low-Density (ML), and Multi-Family Residential, High-Density (MH), etc.
Site Address/Location:
The subject property consists of 973 acres located on both sides of Dougherty Road, east of the Country Club at Gale Ranch Project boundary and west of Alamo Creek, in the Dougherty Valley, San Ramon, area. (P-1) (ZA:W-19, V-19) (CT 3551) (Parcel #206-040-002,-003,-004; 206-240-003,-010; 217-060-025; 206-080-010).
California Environmental Quality Act (CEQA) Status:
An Environmental Impact Report (EIR) was prepared in 1992; a Supplemental EIR was prepared in 1996; and an Addendum was prepared for the phases III and IV of the Project in 2003 and 2005 respectively.
Project Planner:
Adrian Veliz, Senior Planner (925) 655-2879
Staff Recommendation:
Approve (See Section V for full recommendation)
BACKGROUND AND PROCEDURES:
A Development Agreement ("Agreement") by and between Contra Costa County
and Shapell Industries ("Developers") for the above referenced project was entered on April 8, 1996, pursuant to Contra Costa County Ordinance No. 94-79 and recorded on January 17, 1995. The Agreement is now due for the Thirtieth "annual review", as required by the Agreement and State Law. Under the County's Procedures and Requirements for Consideration of Development Agreements (Board Resolution No. 85/412). The Annual Review is to be performed by the Zoning Administrator in a public hearing after receiving a Staff Report from the Department of Conservation and Development. The Zoning Administrator at the public hearing shall adopt the staff report, with or without modifications at the discretion of the Zoning Administrator. If the Zoning Administrator finds and determines the Developer has not complied with the terms of this Agreement, the Zoning Administrator shall deliver a Default Notice pursuant to Section 8.1 (a) of the Development Agreement.
STAFF REVIEW:
Staff has reviewed Section 2 of the November 21, 2024, annual compliance report submitted to demonstrate the Developer's good faith compliance with the terms of the Development Agreement.
DVOC REVIEW:
DVOC members reviewed the annual Compliance Reports on December 2, 2024. DVOC members accepted the staff findings as recommended.
FINDINGS:
Based on the foregoing review, staff makes the following findings:
A. Annual Compliance Report: The Annual Compliance report demonstrates the Developer's good faith compliance with the terms of the Development Agreement. Staff has no evidence indicating that any statement contained in the Annual Compliance Report is either inaccurate or an indication of non-compliance. Based upon its review, staff has determined that these statements are true.
B. Terms of Agreement: With respect to Section 3 of the Agreement, "Obligations of Developer and County", and excepting 3.1 (e), staff has reviewed both the Annual Compliance Report and all applicable files that all of the Developer's actions during 2024 demonstrate the Developer's good faith in compliance with the terms of the Agreement for that project year.
C. No Contradictory Evidence: Since effective date of the Agreement, no evidence has been found or presented which supports a finding that the Developer has not been in good faith compliance with the terms of the Agreement.
RECOMMENDATIONS
Staff recommends the Zoning Administrator adopt the foregoing findings and propose no modifications or termination of Agreement, Accept the Annual Compliance report to be in compliance with the above captioned Development Agreement, and adopt the attached Resolution 2-2025.
Attachments: Resolution No. 2-2025
2024 Annual Compliance Report