HomeMy WebLinkAboutMINUTES - 09251990 - H.4 To:•
BOARD OF SUPERVISORS cc
F ROMHarvey E. Bragdon, Cont' Director of Community Development (V�,C.,xnt
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September 20, 1990 Costa
1@ DATE; coi "J
SUBJECT: Blackhills Project (APN 203-040-005, 012, 013 & 203-090-009)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept environmental documentation as adequate.
2. As recommended by the San Ramon Valley Regional Planning
Commission:
a. Approve File . 12903-RZ rezoning the 300-acre site from
General Agricultural District (A-2) to Planned Unit
District (P-1) .
b. Approve Final Development Plan 3018-90 and Vesting
Tentative Map 7115 subject to the recommended
conditions.
C. Adopt the attached ordinance approving the Blackhills
Development Agreement.
d. Authorize the Director of Community Development to sign
and execute the Agreement after it has been duly signed
on behalf of Blackhills Developers.
3. Adopt the findings contained in Resolution No. 50-1990 and
the recommended California Environmental Quality Act (CEQA)
findings as the basis for the Board of Supervisors decision,
including the recommended mitigation monitoring program.
4. Introduce the ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Earlier this year, the Board of Supervisors adopted the
Blackhills General Plan Amendment which redesignated 300 acres
between the Blackhawk development and Mount Diablo State Park
from General Open Space to Single Family Residential (maximum of
40 dwelling units) , Parks and Recreation and Open Space. The
Board action followed from the preparation and certification of
an Environmental Impact Report on the project.
Following adoption of the General Plan Amendment, the applicant
entered into a development agreement with the Country Club at
Blackhawk Improvement Association. The project was scaled back
to 37 units and the amount of grading was reduced by 80 percent.
On September 5, 1990, the San Ramon Valley Regional Planning
Commission considered the Blackhills project. After completing
the hearing, the Commission unanimously voted to recommend
approval of the project.
CONTINUED ON ATTACHMENT: X YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION OF OA COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _TtpMher 25, J9gn APPROVED AS RECOMMENDED -X. OTHER -�
This is the time set by the Clerk of the Board for hearing on the
recommendation of the San Ramon Valley Regional Planning Commission on
the request of Blackhills Developers to rezone 300 acres of land from
General Agricultural (A-2) to Planned Unit District (P-1) (2903-RZ) ,
approval of the Final Development Plan 3018-90 for a 37-unit single
family residential project, permanent open space area and dedication
of lands to Mt. Diablo State Park, and for approval of a vesting
tentative map for Subdivision 7115 to divide 300 acres into 37 lots
and common open space areas; and to consider a Development Agreement
between the County of Contra Costa and Blackhills Developers for
rezoning 2903-RZ, Final Development Plan 3018-90 and Subdivision 7115
relative to the development known as Blackhills.
Mary Fleming, Community Development Department, presented the
staff report and advised that the San Ramon Valley Planning Commission
recommends approval.
Sandy Skaggs, P. 0. Box V, Walnut Creek, Attorney for the
applicant, appeared and advised that the applicant has worked out the
various concerns of those who had opposed the project and indicated
that, among other mitigations, the applicant has agreed to include the
construction as well as maintenance of the internal trail in the
conditions of approval, and agreed that the project would be a part of
County Service Area P-2 for police services.
Supervisor McPeak inquired if the . applicant was going to
voluntarily participate in the homeless plan.
Mr. Skaggs indicated that the applicant had acquiesced to that
commitment.
Seth Adams, P. 0. Box 25, Concord 94522, representing Save Mt.
Diablo, commended the applicant for working with concerned citizens
and for making concessions to mitigate their concerns, and for adding
256 acres to Mt. Diablo State Park and 24 acres to open space.
Jud Mygatt, 3057 Deer Meadow Drive, Danville, representing
residents opposing the Blackhills project, voiced concern about the
construction and maintenance of the internal trail, suggesting that
the provision for construction be in the conditions of approval rather
,than in the Covenants, Conditions and Restrictions to be' placed. on the
residents of Blackhills after they move in.
Mr. Skaggs agreed to that issue being put in the conditions.
Supervisor Schroder commended staff for its excellent work with
the developer and the residents in solving the previous concerns of
the residents; and moved approval of the staff recommendations, with
amended conditions of approval to include the addition of the
construction and maintenance of the internal trail, inclusion in
County Service Area P-2; and to note the voluntary contribution of
$30,000 for the homeless fund.
IT IS BY THE BOARD ORDERED that recommendations 1, 2,3 and 4 are
APPROVED; with the understanding that conditions listed in Item 2 b
are to be amended as set forth above, and as in recommendation 4,
Ordinance No. 90-85 is INTRODUCED, reading waived and October 2, 1990
is set for adoption of same.
VOTE OF SLIPERV19ORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT.COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: A13STAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Develop. ATTESTED September 25, 1990
Blackhills Developers PHIL BATCHELOR. CLERK OF THE BOARD OF
Gagen, McCoy, McMahon et al SUPERVISORS AND COUNTY ADMINISTRATOR
CA Parks and Recreation Dept. visa CDD
Assessor. n
Public Porks Director, Attn: Joan Rushton BY ;DEPUTY
San Ramon Fire Protection District ��
c
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING FILE #12903-RZ. FINAL
DEVELOPMENT PLAN 3018-90 AND VESTING TENTATIVE SUBDIVISION MAP 7115
(BLACKHILLS) PER SEPTEMBER 25 1990 BOARD OF SUPERVISORS APPROVAL
.FINDINGS
1. The applicant has indicated that they intend to commence construction within two and
one-half years of the effective date of final project approval.
2. The 37-unit proposed site plan is consistent with the 1989 Blackhills General Plan
Amendment, which allows as many as 40 units to be approved on the site. The
proposed plan also would preserve much of the existing creekbed along the valley
floor, many mature, naturally-indigenous trees and the habitat of a protected snake
species,the Alameda Whipsnake. Moreover,the project is proposing to dedicate most
of the area of the project site to Mt. Diablo State Park.
3. The Blackhills project will constitute a residential environment of sustained desirability
and stability, and will be in harmony with the character of the nearby community. Lot
sizes are comparable to those found within Blackhawk. The project will be subject to
design and architectural standards that are similar to those applied in Blackhawk.
4.. In accord with the required findings of the Planned Unit (P-1) District,the County finds
that the development of a harmonious, integrated plan like the Blackhills project,
justifies exceptions from the normal application of the code, including variations in
parcel configuration and design to provide better conformity with existing natural
terrain features.
CONDITIONS OF APPROVAL
1. Development shall be based on the following submitted exhibits except as modified by
the conditions below.
- Sheet 1 - Cover Sheet, Location Map and Off-Site Improvements
- Sheet 2 - Vesting Tentative Map, Overall Site Plan
- Sheet 3 - Vesting Tentative Map With Utilities and Grading
- Sheet 4 - Preliminary and Final Development Plan and
Landscape Plan
- Sheet 5 - Landslide and Tree Location Map
- Final Development Plan and Development Guidelines
- Tree Preservation Plan (Dated Received August 7, 1990)
- "Geotechnical Investigation, Blackhills," Berlogar Geotechnical
Consultants, July 1989
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June 26th and July 24, 1990, correspondence from TJKM Traffic Consultants
regarding Blackhawk Road, Blackhawk Drive Intersection Improvements
- August 8, 1990, letter from Blackhills Developers regarding access
to Blackhawk Country Club recreation facilities
2. A maximum of 37 single family residential lots shall be permitted. Approval'of Vesting
Tentative Subdivision 7188 is contingent on final approval of Rezoning #2903-RZ and
Final Development Plan #3018-90 by the Board of Supervisors.
3. A phasing program for the development may be submitted for the review and approval
of the Zoning Administrator.
4. At least 60 days prior to filing a final map, filing a grading permit,,or commencing
subdivision improvements,the applicant shall submit a revised site/grading plan for the
review and approval of the Zoning Administrator. The revised plan shall provide for:
A. Adjustments of graded slopes between parcels to 2.5:1 (horizontal to vertical)
or less, wherever feasible. Any proposal to increase the slope above a
maximum of 2:1 shall be subject to a noticed public hearing.
B. Elimination of the traffic island at the intersection of Deer Meadow. Drive and
Deer Meadow Place.
C. The proposed drainage ditch on Lot 13 shall be relocated as necessary to
assure protection of the 45-inch Pine tree on that lot.
D. Reconfiguration of Lot 34 to place the area of the existing chaparral (Alameda
Whipsnake habitat) in an open space parcel.
E. Provision of a continuous snake exclusion wall along the northwest side of Lots
31-34, and around the perimeter of the reconfigured Lot 34. The wall shall be
a minimum of three feet in height above ground and one foot below ground,
and constructed of brick, concrete, or other solid material. A 10-inch ledge of
10-gauge, galvanized sheet metal shall extend perpendicular from the wall out
towards the Alameda Whipsnake habitat area.
A report from a certified arborist shall be submitted reviewing the proposed
snake exclusion wall and recommending measures to assure protection of trees
identified for protection.
F. Proposed grading for the debris bench and drainage improvements shall be
relocated so that improvements in the vicinity of Lot 34 do not disturb existing
chaparral in this area. Grading plans shall provide for the temporary placement
of fencing or other barriers around the chaparral and to assure its protection
during the construction period.
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5. Prior to filing a Final Map,evidence shall be submitted to the Public Works Department
that an urban service boundary reorganization has been consummated. The
reorganization shall provide for annexation of the area proposed for development to
East Bay Municipal Utility District, Central Sanitary District,Zone A of County Services
District P-2, and Flood Control Maintenance Services District M-23.
Geotechnical
6. At least 60 days prior to recording a Final Map, issuance of a grading permit, or
installation of improvements, submit a revised preliminary geotechnical report meeting
the requirements of Subdivision Ordinance Section 94-4.420 and responding to
comments of the Planning Geologist memo dated July 13, 1990, for review and
approval. .Improvement, grading, and building plans shall carry out the
recommendations of the approved report.
7. Record a statement to run with deeds to parcels of the property acknowledging the
geology and geotechnical reports of Berlogar &Associates by titles, author (firm), and
dates, calling attention to recommendations, and noting that the report is available to
prospective buyers from the developer.
S. Prior to issuance of building permits on parcels of this subdivision, submit as-graded
reports of the engineering geologist and the geotechnical engineer to Community
Development and Building-Inspection Departments with an as-graded map showing
final plan and grades. Map shall identify rock units, orientation of bedding and/or other
discontinuities, and the location of any seepage,fill keyways,and subdrainage material
with cleanouts, outlets, and pickup points; buttress fills with keyway location, any
retaining wall installed, and other soil improvements installed during grading, all as
surveyed by a licensed land surveyor or civil engineer.
9. A grading bond is required for the work necessary to carry out the grading plan and
Development Plan. Provide sufficient information to estimate the cost of required soil
improvements, or a contractor's estimate.
10. Prior to issuance of a grading permit, developer shall submit an erosion control
consultant's review of landscape and grading plans. Consultant shall approve or
recommend changes to grading-period and long-term permanent erosion control plans.
Consultant shall be a landscape architect with experience in landscape of similar
graded terrain (bedrock and fills).
Park Dedication/Open Space Buffer
11. At least 60 days prior to filing a Final Map, or issuance of grading permits, a revised
site/grading plan shall be submitted for the review and approval of the Planning
Geologist and Zoning Administrator. The revised plan shall address site design
recommendations indicated in the July 13, 1990, memo from the Planning Geologist.
The plan shall also identify the locations of the habitats for Diablo Rock Rose and
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Alameda Whipsnake pursuant to the special studies prepared for the County. Prior to
submittal to the Community Development Department, comments on the.revised plan
shall be solicited from the San Ramon Valley Fire Protection District and California
Department of Parks and Recreation relative to design and operation.of the proposed
homeowner association controlled and.maintained open space buffer. The buffer shall
serve as a fire break, landslide maintenance zone, and land use buffer with the
adjoining lands to be offered to the State Park.
12.. The following lands shall be offered for dedication to Mount,Diablo State Park prior to
recordation of a Final Map:
A. All of Parcel A
B. A portion of Parcel C to be.determined by the Zoning Administrator,
containing the habitat of the Alameda Whipsnake in . the vicinity
northwest of Lots 31-34.
In the event that the State of California chooses-not to accept dedication of whipsnake
habitat area in Parcel C, then the California Department of Parks and Recreation shall
be encouraged to assume responsibility for maintaining the snake buffer improvements
on Parcel C.
The developer shall be responsible for ensuring that all requirements of the Mt. Diablo
State Park are fully met including but not limited to terminating all cattle uses on Parcel
A prior to dedication, meeting minimum open space requirements and obligating the
homeowners association to be responsible for maintaining the open space.
13. Development rights for Parcels B and,C shall be deeded in separate documents to the
County as a scenic easement with the recording of the Final Map.
14. An open-wire fence or other fence acceptable to the California Department of Parks
and Recreation shall.be constructed along the outer perimeter of Parcel C.
15. Prior to filing a Final Map, the applicant shall submit a tail plan for the review and
approval of the Zoning Administrator. The trail system shall be designed for access
of Blackhawk and Blackhills residents only and no access for the general public. The
applicant shall construct the approved trail system. .
Landscaping
16. Final landscape irrigation plans for common open space and riparian areas.shall be
subject to the review and approval of the Zoning Administrator. Proposed plans shall
be certified by a landscape architect to be in accord with the County policies for
drought-tolerant plants. Proposed trees shall be a minimum 15-gallon in size; shrubs
..shall be a minimum 5-gallon size.
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Tree Preservation Proaram
17. Tree removal and preservation shall be in accord with the exhibits and documents
submitted by the applicant,except that the following additional trees shall be removed:
#1330 (Lot 10)
#1453 (Lot 16)
#12045-2047 (Lot 34)
#~2048-2050 (Lot 35)
18. Grading plans shall identify construction stage tree preservation measures as described
in the tree preservation program.
Covenants. Conditi ns and Restrictions
19. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to
the Community Development Department. The document shall provide for
maintenance of common open space areas and roads, an internal trail system for
access by Blackhawk and Blackhills residents only and no access for the general public,
and provision for an architectural review committee.
Unless a State agency accepts as their fiscal responsibility, the CC&R's shall also
provide for a program to maintain the buffer of the Alameda Whipsnake habitat located
on the eastern portion of the development site. The maintenance program shall
include:
- annual mowing of the outside base of the snake exclusion wall;
- annual inspection of the wall by a qualified biologist to determine if any
structural changes have occurred, which might permit snake passage; and
- repair to the snake exclusion wall as recommended by the biologist.
In accord with the County Child Care Ordinance,the CC&R's shall indicate that a child
care facility may be located at any residential unit, or lot, consistent with the existing
laws.
Transportation Systems Management Proaram
20. A Transportation Systems Management (TSM) program, in compliance with County
policies, shall be submitted for the review and approval of the Zoning Administrator
prior to filing a Final Map. An on-going program shall be established to notify residents
of transit opportunities in the area, and encourage and facilitate carpooling among
residents. The applicant should contact the TSM coordinator in the Community
Development Department office for direction on the preparation of a submittal.
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Child Care
21. Prior to filing a Final Map, the applicant shall submit a demand study for child care
facilities generated from the future project residents and an appropriate response
program in accord with Ordinance 88-1,the Child Care Ordinance. The demand study
and response program shall be subject to the review and approval of the Zoning
Administrator.
Residential Desion Guidelines
22. Development and use of all lots shall be in accord with the Development Guidelines
submitted by the applicant dated June 6, 1990.
23. Construction plans submitted for building permits shall be stamped approved by the
project Architectural Review Committee.
24. Construction plans submitted for building permits shall be accompanied by a report and
recommendation of a certified arborist to provide protection of any mature trees on the
lot that have been saved pursuant to the tree preservation program. The arborist's
report shall provide suitable protection measures for the construction and post-
construction stages of the project. The report shall address trees wholly on the
subject Bot, as well as trees whose dripline covers the subject property.
25. Roof covering of all residences and accessory structures shall be Class A. All
residences and garages shall be equipped with interior sprinkler systems.
street Names
26. Street names are subject to the review and approval of the Community Development
Department. The proposed names shall be submitted to the Graphics Section at least
30 days prior to filing a Final Map.
Construction Noise. Dust. and Litter Control
27. Noise generating construction activities shall be limited to the hours of 7:30 a.m. to
5:00 p.m., Monday through Friday, and shall be prohibited on State and Federal
holidays. The restrictions on allowed working days may be modified on prior written
approval by the Zoning Administrator.
28. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition and to locate stationary
noise-generating equipment such as air compressors and concrete pumpers as far away
from existing residences as possible.
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29. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of the property within 300 feet of the exterior boundary of the
project site,to owners of property fronting on Deer Meadow and Pepperwood Drives,
to the homeowners associations of nearby residential projects that construction work
will commence. The notice shall include a list of contact persons with name, title,
phone number and area of responsibility. The person responsible for maintaining the
list shall be included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for noise and litter control shall be expressly identified
in the notice. The notice shall be re-issued with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the Community Development
Department. The notice shall be accompanied by a list of the names and addresses
of the property owners noticed, and a map identifying the area noticed.
30. A dust and litter control program shall be submitted for the review and approval of the
Zoning Administrator following review by the Building Inspection Department. Dust
shall be kept down by watering, which shall be accomplished by a watering truck on
site or from hydrants on site. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall not be
allowed to resume until, if necessary, an appropriate construction bond has been
posted.
31. Should archaeological materials be uncovered during grading,trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology
(SCA) and/or the Society of Professional Archaeologists (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate
mitigation(s), if deemed necessary.
Road. Drai0age and Utility Requirements
32. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
A. In accordance with Section 92-2.006 of the .County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision Ordinance
(Title 9). Any exceptions therefrom must be specifically listed in this
conditional approval statement. Conformance with the Ordinance includes the
following requirements:
1. Undergrounding of all utility distribution facilities.
2. Street lighting is = required. However, the applicant shall annex the
property to County Service Area L-100 for maintenance of the street
lights in the area.
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3. Conveying all storm waters entering or originating within the subject
property, without diversion and within an adequate storm drainage
facility, to a natural watercourse having definable bed and banks or to
an existing adequate storm drainage facility which conveys the storm
waters to a natural watercourse.
4. Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the Public
Works Department.
5. Relinquishing "development rights" over that portion of the site that is
within the structure setback area of the creek. The structure setback
area shall be determined by using the criteria outlined in Chapter
914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance.
6. Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all
improvements required by the. Ordinance Code or the conditions of
approval for this subdivision.
7. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Construct the on-site road system as shown on the Vesting Tentative Map to
County private road standards.
C. Construct the off-site intersection improvements at the entry gate to Blackhawk
from Blackhawk Road as shown on the Index Sheet to the Blackhills,
Subdivision 7115, maps and plans dated June 1990.
D. Furnish proof to the Public Works Department, Engineering Services Division,
that legal access to the property is available from Blackhawk Road.
E. Establish covenants, conditions and restrictions for the development that
clarifies that all road and creek improvements and storm drain facilities within
the-development will be maintained by the homeowners of the subdivision.
F. Mitigate the impact of the additional storm water run-off from this development
on San Ramon Creek by:
1. Removing 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek near Chaney Road for each 50
square feet of new impervious surface area created by the development.
All excavated material shall be disposed of off-site by the developer at
his cost. The site selection,land rights,and construction staking will be
by the Flood Control District.
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G. Furnish proof to the Public Works Department, Engineering Services Division,
of the acquisition of all necessary rights of entry, permits and/or easements for
the construction of off-site, temporary or permanent, road and drainage
improvements.
H. Prior to issuance of building permits, file the Final Map for Subdivision 7115.
ADVISORY NOTES
A. This project may be subject to the requirements of the Department of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box
47,Yountville,California 94599,of any proposed construction within this development
that may affect any fish and wildlife resources, per the Fish & Game Code.
B. This project may also be subject to the requirements of the Army Corps of Engineers.
The applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
C. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by
the Board of Supervisors.
D. Upon written request, the applicant may make a cash payment in lieu of actual
excavation and removal of material from San Ramon Creek. The cash payment will be
calculated at the rate of $0.10 per square foot of new impervious surface area created
by the development. The added impervious surface area created by the development
will be based on the Flood Control District's standard impervious surface area
ordinance. The Flood Control District will use these funds to work on San Ramon
Creek annually.
E. Comply with the Parkland Dedication Fee Ordinance. Acceptance of the proposed
dedication of land to Mount Diablo State Park will eliminate any requirement to pay
fees.
F. The applicant has voluntarily agreed to contribute $30,000 to the County of Contra
Costa to the fund to assist homeless individuals prior to filing a final map.
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9/15/90
8/16/90
9/28190(bw royWan)
12/18/90
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