HomeMy WebLinkAboutMINUTES - 12011987 - 1.126 TO: ' ~ BOARD OF SUPERVISORS
Contra
FROM: Harvey E. Bragdon
Director of Community DevelopmentCosta
DATE: December 1 , 1987 ""u' "J
SUBJECT: Shadow Creek project, Tassajara area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Request for Rezoning ( 2265-RZ) Resolution No. 87/702 )
Final Development Plan ( 3010-86 ) )
Vesting Tentative Subdivision Map Approval ( 6737 ) - )
Certification of Related Environmental Review )
Documentation for the Shadow Creek project, )
Tassajara area (Dame ' Construction Company, Applicant ) )
WHEREAS, on May 12, 1987, the Board of Supervisors received
Resolution No. 17-1987 (SR) from the San Ramon Valley Regional Planning
Commission concerning a development proposal known as the 'Shadow Creek
project involving rezoning/preliminary development plan 2665-RZ, final
development plan 3010-86 and subdivision 6737 ; and
WHEREAS, said resolution certified the adequacy of using an
environmental impact report previously certified on an earlier
development proposal for the subject property as well as certain traffic
mitigation programs and geotechnical studies; and
WHEREAS, said resolution also recommends that the Board of
Supervisors approve and adopt the project applications subject to certain
conditions; and
WHEREAS, subsequent to the Commission ' s approval action, a private
group known as Tassajara Now and Tomorrow filed an appeal of the
Commission ' s action as did the Town of Danville; and
CONTINUED ON ATTACHMENT: X YES SIGNATRE:
4V
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MENDATION O fe
OARD COMMITTEE
APPROVE - OTHER
SIGNATURE(S)
ACTION OF BOARD ON ecem er 1 , APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Community Development ATTESTED December 1 , 1987
County Counsel
County Administrator
Dame Construction
M382/7•83 BY O ' DEPUTY
WHEREAS, subsequent thereto .the Board on May 12, 1987 ,_ continued to
May 26, 1987 , at 10: 30 a.m. , the hearing on the project applications and
appeals; and
WHEREAS, Karl Wandry and Robert Drake, Community Development
Department, presented a description of the project and commented on a
typographical error in Condition 23 C-8 and the removal of the sunset
clause; and
WHEREAS, the Chair opened the hearing and afforded all present an
opportunity to testify on the applications and the following persons so
testified:
1 . Doug Offenhartz , P.O. 887, Danville, Mayor , Town of
Danville introduced the presentation from Danville;
2 . Susanna Schlendorf, 510 La Gonda Way, Danville, Town
Councilmember , spoke on open space;
3 . Joe Calabrigo, 510 La Gonda Way, Danville, Chief of
Planning , Town of Danville, commented on the road issue;
4 . Beverly Lane, 556 Indian Home Road, Danville, Town
Councilmember , addressed park dedication fees;
5 . Paul Speroni , 245 Joseph Lane, Pleasanton, Tassajara Now
and Tomorrow, presented a letter outlining legal issues related to the
San .Ramon Valley Planning Commission recommendation for approval of the
project;
6 . Glenn Tomak , 165 Mrack Road, Danville, commented on
buffering ;
7 . Jim Plickenstaff, 2410 Talavera Drive, San Ramon, commented
on issues including the General Plan '
8 . Bob Whitehead, 170 Mrack Road, Danville, commented on
issues including buffering, fencing, and more planned development ;
9 . - Bill Highfield, P.O. Box 117 , Diablo, Diablo Property
Owner ' s Associations, supported the concerns of and requested
consideration by the Town of Danville;
10 . Jim Stedman, civil engineer , spoke in rebuttal on behalf of
Dame ' Construction Company, the project applicant; and
WHEREAS, the public hearing was closed and the Board discussed the
matter as follows :
Supervisor Schroder asked staff whether this application is
consistent with the General Plan, to which Karl Wandry responded that
staff had reviewed this application and compared it with the intent and
wording in the General Plan and are satisfied that this proposal is in
compliance with the General Plan;
Supervisor Schroder also commented on other issues including
road overlay, the park dedication fee being set at $1, 670 . 00 , buffering
and landscaping for the ranchette area, and credit for the park area in
the development;
Supervisor McPeak commented on the issue of development of the
area west of Camino Tassajara;
Supervisor Torlakson commented on the road benefit fee
agreement , open space and buffering, and buyer notification of adjoining
land uses ;
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Supervisor Schroder recommended approval of the application as
-amended, with the 11 Tots proposed for elimination by the Planning
Commission to be placed in other areas of the subdivision to recover them
as requested by the applicant , with the applicant to pay $1, 670 . 00 per
lot for park dedication fees and those fees to be dedicated to the agency
providing the park service, with credit being given for the two acre park
in the development, and protection being assured for the ranchette area
with appropriate fencing and landscaping;
Supervisor MCPeak requested that Supervisor Torlakson ' s
recommendation relative to buyer notification of uses be included in the
motion; and
Supervisor Torlakson commented that he could not support the
motion due to lack of addressing the road and open space issues;
IT WAS BY THE BOARD ORDERED, that the recommendation of Supervisor
Schroder be APPROVED, that the appeals of the Town of Danville and
Tassajara Now and Tomorrow are DENIED, that the Conditions of Approval
for the project as recommended by the San Ramon Valley Regional Planning
Commission (attached as Exhibit "l" ) are adopted as modified herein, that
Ordinance No. 87-40 giving effect to the rezoning was INTRODUCED and the
reading waived, and June 9 , 1987 was set for the adoption of same, and
that staff was directed to prepare a Resolution of Approval and findings ,
consistent with the foregoing; and
WHEREAS, on June 9 the matter was continued to June 16 , 1987 by the
Board of Supervisors and the Board adopted Ordinance 87-40 on June 16 ,
1987 and approved the conditions as modified herein; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors finds
the previously certified EIR prepared for the 1984 Hansen Lane General
Plan Amendment is adequate for the present applications based on the
following reasons :
WHEREAS, the Board of Supervisors has previously certified a Final
Environmental Impact Report (FEIR) in connection with the previously
approved project for the subject area, which FEIR consists of the FEIR
for the Hansen Lane General Plan Amendment , previously certified by the
Board of Supervisors on November 27 , 1984 ; and
WHEREAS, pursuant to the requirements of the California Environmental
Quality Act (CEQA) and the State and County CEQA Guidelines , an Initial
Study was prepared for the following applications for Shadow Creek :
1 . Rezoning and Preliminary Development Plan ( 2265-RZ ) and
2 . Final Development Plan ( 3010-86 ) ; and
3 . Tentative Subdivision Map ( 6737 ) ; and
WHEREAS, as a result of the Initial Study, staff concluded that the
previously certified Hansen Lane General Plan Amendment Final
Environmental Impact Report adequately describes the general
environmental setting of the Shadow Creek project , and significant
environmental impacts of the project and alternatives and mitigation
measures related to each significant effect ; and staff recommended,
pursuant to Section 15153 (b) of the State and County CEQA guidelines , the
use of the 1984 Hansen Lane General Plan Amendment Final Environmental
Impact Report as the EIR for the Shadow Creek project;
WHEREAS, a Notice of Intent to Use a Previously Certified EIR as EIR
for Later Project was published in accordance with State and County CEQA
Guidelines , taking into account the recent preparation and drafting of
the FEIR which was approved after extensive public review and comment ,
pursuant to which Notice written comments were solicited and accepted
until September 8, 1986; and
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WHEREAS, a notice of application for the project and request for
written comments was sent to all public agencies having jurisdiction by
law and other interested agencies, organizations and individuals, which
comments were solicited and accepted until September 8 , 1986 ; and
WHEREAS, the Community Development Department staff made available to
the San Ramon Valley Regional Planning Commission for its review and
consideration copies of the relevant environmental materials as set forth
in Commission Resolution No. 43-2984 , adopted September 19 , 1984 ; and
WHEREAS, pursuant to the provisions of Government Code Section 65091
and County Ordinances , a duly noticed public hearing was held before the
Commission on March 18, 1987 , at the request of Applicant , to gain
approval of the aforesaid applications; and
WHEREAS, the Commission reviewed and considered all materials made
available to the Commission by the Community Development Department as
set forth above, and all oral and written comments with respect to
certification of the previously certified FEIR presented to the
Commission during the hearing on March 18 , 1987 , and all responses
thereto; and
. WHEREAS, the 'public hearing was closed on March 18 , 1987 , and
continued to April 1 , 1987 , for decision; and
WHEREAS, the Commission, by Resolution No. 17-1987 ( SR) (Exhibit "2"
attached hereto) adopted April 15, 1987, by a vote of 6 to 0 , found and
certified that the Final Environmental Impact Report for the Hansen Lane
General Plan Amendment is adequate and has been prepared and processed in
compliance with CEQA and the State and County CEQA Guidelines; and
WHEREAS, by the aforesaid Resolution the Commission made further
findings and statements of overriding considerations as set forth
therein; and
WHEREAS, by the aforesaid Resolution the Commission instructed the
Director of Community Development to prepare the necessary transmittal
and to submit them to the Board of Supervisors in accordance with
Government Code of the State of California; and
WHEREAS, the Director of Community Development has made available to
the Board of Supervisor for its review and consideration copies of the
following materials :
1 . A traffic study prepared by TJKM Transportation
Consultants, entitled "Crow Canyon Corridor Transportation Study prepared
for the County of Contra Costa" , dated July, 1986 , and an update dated
February, 1987 ;
2 . A soils and geological study for the proposed project
prepared by Terrasearch dated December 4 , 1986 , and supplements; and
3 . The environmental documentation made available to the San
Ramon Valley Regional Planning Commission; and
WHEREAS, the County has concluded that any changes to the EIR made by
the addition of aforementioned studies do not raise important new issues
about the significant effects on the environment and that the above
studies indicate that only minor technical changes or additions are
necessary to make the EIR under consideration adequate under CEQA.
Therefore, pursuant to CEQA, the above indicated studies are hereby made
an addendum to the EIR for the Hansen Lane General Plan Amendment ; and
WHEREAS, the Board of Supervisors has reviewed and considered all
materials made available to the Board by the Director of Community
Development as set forth above, and all oral and written comments with
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respect to certification of the .previously certified FEIR presented
during . the Board hearing on May 26 , 1987 .
NOW, THEREFORE, the Board of Supervisors hereby resolves , finds ,
certifies and orders as follows :
1 . The Board has considered the Final Environmental Impact
Report for the Hansen Lane General Plan . Amendment consisting of all
materials made available to the Board by the Director of Community
Development as set forth above, and all oral and written comments with
respect to certification of the previously certified FEIR presented
during the Board hearing on May 26 , 1987 , and all responses thereto,
together with this Resolution.
2 . The Final Environmental Impact for the Hansen Lane General
Plan Amendment is adequate and has been prepared and processed in compli-
ance with CEQA and the State and County CEQA Guidelines .
3 . The Board hereby adopts as its environmental findings with
respect to the application of Dame ' Construction Company, Inc . , for the
Shadow Creek project approvals , the findings set forth in Resolution No.
17-1987 (SR) of the San Ramon Valley Regional Planning Commission and the
findings and determinations as set forth in the Final Environmental
Impact Report for the Hansen Lane General Plan Amendment and Addenda.
4 . The Board hereby makes further findings and statements of
overriding considerations as follows ( impacts are identified and numbered
consistent with Resolution No. 17-1987 ( SR) :
A. Land Use:
( 1 ) EIR Impact 4 : The project would convert 196
acres of agricultural and open-space lands to residential use, adding 429
single family dwelling units .
(a ) Mitigation or Avoidance : Only 116 acres will
be converted from agricultural to residential uses by this project .
Approximately 80 acres will continue to be utilized as parks and open-
space. 24 . 5 acres of this open-space will be offered for dedication to
the East Bay Regional Park District with the most significant viewscapes
preserved as open-space. This impact is, therefore, seen to be
adequately mitigated.
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains an unmitigated environmental
impact reflected in the decrease in agricultural lands due to the
proposed project , the Board of Supervisors finds such impact justified by
the need to increase the housing supply in the County in order to
accommodate the County ' s growing population and employment base. The
Association of Bay Area Governments (ABAG) predicts a major short-fall of
housing in the near future of up to 25 , 000 units in the area if more land
is not converted to housing. As confirmed in the Growth Trends 1985
study published by Contra Costa County, there will be a need for
approximately 110, 000 new homes by the year 2005 in Contra Costa County.
Significant numbers of homes will be needed in the San Ramon Valley area
based on the employment opportunities provided by Bishop Ranch and
Hacienda Business Park . It is important to provide homes in the
Tassajara area near the employment centers to provide a reasonable local
jobs-housing balance.
( 2 ) EIR Impact 5 : Road layout from Hansen Lane to
the east parcel would impact the existing structures without adequate
setbacks .
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(a) Mitigation or Avoidance: Changes .present in
the current development plan eliminate the roadway adjacent to the
existing structures off Hansen Lane. This impact is, therefore, seen to
be avoided.
( 3 ) EIR Impact 6 : A cancellation of the Williamson
Act Contract on the property would be evidence of a lessening of the
commitment to agricultural lands in the Tassajara area .
(a) Mitigation or Avoidance: The County has
adopted Tassajara Rezoning ( 2218 RZ ) which severely restricts development
on agricultural property outside its, urban line in order to preserve
important open-space in the County while permitting development on
property which is more suitable for development , including the Shadow
Creek property. Further , the Williamson Act contract was cancelled by
the Board with the appropriate findings , which are incorporated herein by
reference. This impact is, therefore, seen to be adequately mitigated.
(b) Statement of Overriding Considerations : See
Paragraph 4A. ( 1) (b) .
B. Traffic :
( 1) EIR Impact 1 : See Resolution No. 17-1987 ( SR) .
( a ) Mitigation or Avoidance: See Resolution No.
17-1987 ( SR) .
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains an unmitigated environmental
impact reflected in the increase in traffic from the proposed project ,
the Board of Supervisors finds such impact justified for the reasons set
forth in Paragraph 4A. ( 1 ) (b) .
C. Fire Protection:
( 1 ) EIR Impacts 1-3 : See Resolution No. 17-1987
( SR) .
(a) Mitigation or Avoidance : While the project
will not significantly burden any local fire protection district , it will
contribute $181 . 00 per dwelling unit to the San Ramon Valley Fire
Protection District which will have sufficient funds to provide necessary
manpower and equipment to serve development in the area . This impact is ,
therefore, seen to be adequately mitigated.
D. Water and Sewer Service:
( 1 ) See Resolution No. 17-1987 ( SR) .
E. Geology
( 1) Resolution No. 17-1987 ( SR) :
(a ) Mitigation or Avoidance : See Resolution No.
17-1987 ( SR) .
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains an unmitigated environmental
impact reflected in some geological risks in residential development of
the property, the Board of Supervisors finds such impact justified for
the reasons set forth in Paragraph 4A. ( 1 ) (b) .
F. Hydrology: See Resolution No. 17-1987 (SR) .
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G. Visual and Aesthetic Considerations :
( 1 ) EIR Impacts 1-4 : See Resolution No. 17-1987 ( SR)
(a) Mitigation of Avoidance: See Resolution No.
17-1987 ( SR) .
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains an unmitigated visual and
aesthetic environmental impact , the Board of Supervisors . finds such
impact justified for the reasons set forth in Paragraph 4A. ( 1 ) ( b) .
H. Biotics :
( 1 ) EIR Impacts 1-7 : See Resolution No. 17-1987
(SR) .
(a) Mitigation or Avoidance: See Resolution No.
17-1987 ( SR) .
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remain unmitigated environmental impacts
on biotic resources by the proposed development , the Board of Supervisors
finds such impacts justified for the reasons set forth in Paragraph
4A. ( 1 ) (b) .
I . Acoustics : See Resolution No. 17-1987 (SR) .
J. Police Service:
( 1) EIR Impact 1 : The proposed project would
increase the number of police calls to the area.
( a ) Mitigation or Avoidance : Currently, the
County budget for police services provides funding to support additional
police services for the area . Police service will be available to the
Town of Danville if the development is annexed. Emergency calls
necessitating immediate action would likely be responded to by the
special sheriffs deputies located in Blackhawk . This impact is therefore
seen to be adequately mitigated.
( b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remain unmitigated environmental impacts
on police services by the proposed development , the Board of Supervisors
finds such impacts justified by the reasons set forth in Paragraph
4A. ( 1 ) (b) .
K. Public Schools :
(1 ) EIR Impact 1 : Using the student generation
figures. provided by the San Ramon Valley Unified School District , the
project is expected to generate approximately 212 students . The public
school impact is no longer an issue under CEQA. Some temporary
classrooms may be necessary .
(a) Mitigation or Avoidance: The project has
been conditioned to pay a school fee of $1 . 50 per square foot of
residential space. This impact is, therefore, seen to be adequately
mitigated.
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L. Energy
( 1 ) EIR Impact 1 : The development of the project
would consume significant amounts of energy and building materials in the
construction of roadways, storm drainage, utilities and building
construction, as well as require consumption of substantial amount of
fossil fuel and electricity.
(a) Mitigation or Avoidance : Houses in the
project will be designed with the highest and best energy saving devices
and practices in conformance with current U.B.C. Guidelines and
requirements . This impact is,. therefore, seen to be adequately
mitigated.
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains an unmitigated energy
environmental impact , the Board of Supervisors finds such impact justi-
fied for the reasons set forth in Paragraph 4A. ( 1) ( b) .
M. Air Quality:
( 1) EIR Impact 1 : Earth moving and construction
activities and traffic generated by future residents will represent a
very small addition to existing. omissions but would retard attainment of
federal air quality goals slightly.
(a) Mitigation or Avoidance: Sprinkling,
revegetation, and phased grading procedures will be employed during
construction to minimize the air quality impacts of earth moving and
construction activities . Increased vehicular omissions would have little
effect on local concentrations of pollutants . Mitigation measures for
reducing congestion and delays for project traffic and cumulative traffic
in the San Ramon Valley area would reduce emissions of air pollutants .
This impact, therefore, is seen to be adequately mitigated.
(b) Statement of Overriding Considerations : To
the extent that the FEIR for the Hansen Lane General Plan Amendment and
Addenda thereto find that there remains unmitigated environmental impacts
reflected in the decrease in air quality due to the proposed project , the
Board of Supervisors finds such impact justified for the reasons set
forth in Paragraph 4A. ( 1 ) (b) .
N. Cumulative Impacts :
( 1 ) The Board of Supervisors has considered the
environmental impacts of cumulative development in the area and makes the
following findings:
(a) Through the conditions of approval for the
several projects in the Crow Canyon Corridor Area relating to
infrastructure improvements, developed in a coordinated matter by the
Community Development Department , the cumulative impacts on
infrastructure, including the parks and recreation, traffic, schools ,
water , sewer , police and fire protection have been adequately addressed
and mitigated. Collectively, the several projects in the Crow Canyon
Corridor Area provide for a variety of housing opportunities with
adequate commercial development being provided to serve the needs of
future local residents .
(b) The growth inducing impact of the cumulative
development has been adequately addressed and mitigated through the
implementation of the Tassajara Rezoning 2218-RZ . The several projects
in the Crow Canyon Corridor Area are on the urban side of the 2218 RZ
rezoning line, with adequate buffering provided for the outlining
agricultural areas . Important open space lands within the various
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projects are being preserved and linked .together . Generally traffic
improvements a-re being sized to accommodate development .within .the .Grow
Canyon Corridor only.
(c) To the extent that the FEIR for the Hansen
Lane General Plan Amendment and Addenda thereto find that there remains
unmitigated cumulative environmental impacts, the Board of Supervisors
finds such impacts justified for the reasons set forth in Paragraph
4A. ( 1) ( b) .
0. Alternatives Analysis:
( 1) No Project : The No Project alternative would not
meet the County ' s immediate need for increased housing in the area . The
Board of Supervisors finds that there is a need to increase the housing
supply in the County in order to accommodate the County ' s growth
population and employment base, consistent with the data set forth in
Paragraph 4A. ( 1 ) (b) . The Board of Supervisors finds that the No Project
Alternative is not acceptable.
( 2 ) Country Estate: Maximum residential density of
221 units with one acre minimum lots .
The Country Estate alternative would provide for
generally one acre minimum size lots and would not sufficiently meet the
County's immediate need for increased housing for the same reasons as set
forth above for the No Project Alternative. • Limiting development to one
unit per acre would waste this valuable land resource for the County.
The Board of Supervisors finds that the Country Estate Alternative is not
acceptable .
( 3 ) Partial Site Development : Transfer development
to only the portion of the project site north of Camino Tassajara .
The project is consistent with this approach,
providing for an agricultural buffer on the south side of Camino
Tassajara. The project as redesigned locates larger lot single-family
housing adjacent to the Blackhawk development and larger lots also border
homes along Hansen Lane. The plan as redesigned preserves the most
valuable visual open-space . The Board of Supervisors finds that the
proposed projects substantially conforms with the Partial Site
Development Alternative with a density transfer from the south side of
Camino Tassajara. The existing General Plan authorizes up to 480 units .
BE IT FURTHER RESOLVED, the Board hereby further amends Condition No.
1 of the Conditions of Approval adopted by the San Ramon Valley Regional
Planning Commission for Rezoning ( 2665-RZ ) , the Final Development Plan
( 310-86 ) , Subdivision ( 6737 ) to read as follows :
This approval is for a maximum of 429 residential
dwelling units. This approval is based upon the
following exhibits : a) Exhibit A-Planning, Grading,
and Final Development Plan dated received February 9 ,
1987 ; b) Exhibit B-Vesting Tentative Map, Subdivision
6737 dated receive February 9 , 1987 ; and c) Exhibit C-
Shadow Creek brochure dated received February 5, 1987 .
A revised site plan shall be submitted for the review
and approval of the Zoning Administrator prior to
filing a Final Subdivision Map. The 11 lots identified
as Lots 186-196 on the Tentative Map shall be
eliminated. The Applicant may propose the extension of
"A" Court northerly to intersect with "A" Street .
Additionally, lots may be proposed to front on either
side of this extension or in other areas of the project
to retrieve the 11 lots which were eliminated.
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BE ' IT FURTHER RESOLVED, the Board further amends Condition of
Approval No. 14 to read as follows:
Development plans and details of the recreation areas ,
and all common facilities shall be submitted for review
and approval of the Community Development Department .
The applicant shall submit a landscape/fencing plan for
the property line bordering the properties along Hansen
Lane and Mrack Road, (Lots 252-261) . Removal of any
mature trees along this property line shall be subject
to review and approval of the Zoning Administrator .
The Applicant shall submit a second statement from an
arborist or a trained nurseryman on the condition of
any trees proposed for removal . The applicant shall
make a good faith effort to contact the adjoining
property owners to learn of their preferred fence
design.
A covenant shall be placed on Lots 252 -261 to advise
future property owners that these lots adjoin live
stock operations.
BE IT FURTHER RESOLVED, the Board further amends Condition of
Approval No. 3 to read as follows:
The Applicant shall contribute $1 , 670 . 00 per unit in
parkland dedication fees. The fees shall be used for
improvements to the planned community park facility in
the Tassajara Ranch project . The Applicant may receive
credit for the cost of park improvements to Parcel E.
BE IT FURTHER RESOLVED, that the Board makes the following additional
findings, determinations and orders in approving the project :
5 . The Shadow Creek project is consistent with the General
Plan which authorizes as many as 480 dwelling units for the property.
Open-space is preserved consistent with the 1984 Hansen Lane General Plan
Amendment . Consistent with the text thereof, the site has been developed
as a Planned Unit Development through a development concept compatible
with the Blackhawk project to the north and the east and a housing style
compatible with the suburban lifestyle . To the extent that the boundary
lines between plan categories in the development plan may differ from the
boundary lines identified in the General Plan and the Hansen Lane General
Plan Amendment, the project is nonetheless consistent with the General
Plan in that the text provides that the boundary lines between plan
categories are schematic in nature and should be interpreted flexibly.
The project is further consistent with the General Plan in that ,
consistent with the text, it is participating in and providing its fair
share cost contribution toward necessary off-site road improvements in
the area, among others infrastructure contributions .
6 . The revisions to the site plan recommended by the San Ramon
Valley Regional Planning Commission will reduce the magnitude of grading
along "A" Street in the center of the project . Revisions providing for
the elimination of Lots 186-196, on the south side of "A" Street, will
also reduce the impact of grading in that area.
7 . The installation of road improvements along the ultimate
Camino Tassajara right-of-way between Leema Road and Shadow Creek is not
needed at this time or as a result of traffic from this project. The
volume of traffic along this segment of road does not warrant such road
improvements per the TJKM Traffic Report . The segment of road was
recently improved with an overlay which the Public Works Department has
determined is adequate at this time. The requirement of any additional
off-site road improvements on this project would establish an
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unreasonable and unnecessary burden on the Shadow Creek project
inconsistent with other project approvals and obligations in the Crow
Canyon Corridor Area.
8 . The proposed pattern for lots immediately north of Hansen
Lane and Mrack Road with the Conditions of Approval provides for a
reasonable buffer .
9 . Consistent with County Ordinance Section 84-66 . 1406 , the
Board of Supervisors is satisfied that :
(a) The Applicant intends to start construction within 2-
1/2 years from the effective date of the zoning change and. preliminary
development plan approval; and
(b) . The proposed Planned Unit Development is consistent
with the County General Plan as described above; and
( c) This residential development will constitute a
residential environment of sustained desirability and stability, and will
be in harmony with the character of the surrounding neighborhood and
community, given its suburban single family concept with significant
visual open-space preserved (the property is affected by special
circumstances and , conditions consisting of rolling hillside topography,
on which . the project design can be enhanced by development of the site as
a Planned Unit Development , maximizing open-space areas , a common area
off-street trail system, and integrated street design) .
10 . Consistent with Government Code §66426, this subdivision
shall provide, to the extent feasible, for future passive or natural
heating or cooling opportunities .
11 . The subdivision and its design and improvement are
consistent with the General Plan for the reasons set forth above.
12 . The site is physically suitable for the type of development
and its proposed density, will not cause substantial environmental damage
or substantial unavoidable injury to fish or wildlife or their habitat ,
and will not cause serious public health problems, consistent with the
environmental findings set forth above .
13 . As further findings and reasons in support of the approval
of the Shadow Creek project, the Board adopts and hereby incorporates by
reference the analysis set forth in the Staff Reports and attachments for
the project .
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ATTAWk. f A
CONDITIONS OF APPROVAL FOR REZONING FILE #2665-RZ, FINAL DEVELOPMENT PLAN
l 3010-86 AND SUBDIVISION 6737 (SHADOW CREEK)
1. This approval is for a maximum of 429 residential dwelling units. This
approval is based upon the following exhibits:
Exhibit A - Preliminary Grading and Final Development Plan dated
received February 9, 1987.
Exhibit B - Vesting Tentative Map, Subdivision 6737 dated received
February 9, 1987.
Exhibit C - Shadow Creek Brochure dated received February 5, 1987.
A revised site and grading plan shall be submitted for the review and
approval of the Zoning Administrator prior to filing a Final Subdivision
Map. The 11 units identified as Lots 186-196 on the tentative map shall be
eliminated. The applicant may propose the extension of "A" Court northerly
to intersect with "A" Street. Additional lots may be proposed to front on
either side of this extension to retrieve the 11 lots which were
eliminated.
2. If archaeologic materials are uncovered during grading, trenching or other
on-site excavation, earthwork within 30 meters 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
Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and suggest appropriate mitigation measures, if they are deemed
necessary.
3. The applicant shall contribute $1,100 per unit in park land dedication
fees.
4. Development rights to Parcels A, B, C, D, E, J, K, and L shall be dedicated
to the County. The proposed area of dedication shall be subject to the
review and approval of the Zoning Administrator. The required areas of
dedication shall be shown on the final subdivision map.
5. Urban service boundary reorganization shall be assured prior to recordation
of the Final Map. The property shall be annexed to East Bay Municipal
Utility District and Central Contra Costa Sanitary District.
6. The 24.5 acres of common open space within Parcels A and B shall be offered
for dedication to the East Bay Regional Park District prior to the recorda-
tion of a Final Map. Concomitantly, the applicant shall provide a copy of
the soils/geotechnical report to the District.
7. A development phasing schedule shall be submitted for the review and
approval of the Zoning Administrator. The schedule shall address the
timely abandonment/realignment of the Hansen Lane right-of-way. Moreover,
the provision of the realignment will be in accord with the following
conditions:
r
C -2-
A. The existing Hansen Lane alignment shall remain open "as is" until at
least December 4, 1988.
B. Pending completion of a public street providing permanent access, and
throughout the entire course of construction, an all-weather access
serving Blackhawk shall be kept through said area from Camino
Tassajara to Blackhawk.
C. Ultimate access to Blackhawk shall be via an improved, dedicated and
accepted public street from Camino Tassajara to the entrance of
Blackhawk (which shall remain a gated entrance to Blackhawk's private
streets, with access only to Blackhawk, Blackhawk residents, Blackhawk
suppliers and Blackhawk Construction traffic) .
8. The planned 8 foot trailway shall be routed through the landscape buffer.
The right-of-way shoulder shall be fully landscaped. A decorative wall
shall be constructed along the exterior boundary of the arterial landscape
buffer. The wall shall be constructed to soundwall standards as appropri-
ate to attenuate noise conditions on adjoining residences. Design of the
landscape buffer shall conform with the guidelines contained in the report
entitled, "Camino Tassajara Streetscape."
9. Improvement plans shall provide for a traffic barrier across Hansen Lane
approximately 100 feet south of Street "A. Design of the barrier shall be
subject to the review and approval of the Departments: of Community Develop-
meet and Public Works. - .. .
C10. Prior to filing of a final subdivision map, the applicant shall submit
trail improvement plans to the Community Development Department for review
and approval . These improvements will be integrated with other planned
trail facilities in the area. A pedestrian trail should be provided
between Blackhawk Meadow Drive and the central knoll . Trails internal to
the project shall be at least six feet in paved width; the knoll trail may
be left unpaved. All these trail improvements are subject to final review
and approval by the Zoning Administrator.
11. Covenants, Conditions and Restrictions, Articles of Incorporation and By
Laws for a mandatory homeowners association shall be submitted prior to
filing the Final Subdivision Map. The document shall provide for among
other things, the ownership and maintenance of the common open space, land-
scape areas, pathway system, private streets, detention basins, and other
common facilities. .
12. Street names shall be subject to the review and approval of the Community
Development Department. The proposed names shall be submitted to the
Graphics Section of least 30 days prior to filing a final map.
13. The guide for development of the residential units shall be as follows:
Rearyard Setback 1 20 ft. minimum
Frontyard Setback (measured from back of sidewalk or back of curb)
Front-entry Garage 20 feet minimum
Side-entry Garage - 14 feet minimum
_ -3-
All dimensional requirements are subject to further Zoning Administrator
review and approval at the time of issuance of building permits.
14. Development Plans and details of the recreation areas, entry feature and
all common facilities shall be submitted for review and approval of the
Community Development Department. The applicant shall install a seven foot
cyclone fence along the property line additionally bordering the properties
along Hansen Lane and Mrack Road (Lots 252-261) .
Removal of any mature trees along this property line shall be subject to
the review and approval of the Zoning Administrator. The applicant shall
submit a second statement from an arborist or trained nurseryman on the
condition of any trees proposed for removal .
15. All construction and transport equipment shall be muffled in accordance
with State and Federal requirements.
16. Grading operations shall occur during dry periods to the extent feasible,
consistent with the Grading Ordinance.
17. The applicant shall develop, in conjunction with the County Building
Inspection Department, a program to minimize erosion and generation of dust
resulting from grading operations.
18. The applicant shall submit a noise attenuation study for the review and
approval of the Zoning Administrator. The study shall address ultimate
traffic flows along Crow Canyon Road. The study shall propose suitable
C soundwall desigr to protect residents from unacceptable .noise levels.
19. Prior to issuance of building permits, plans, elevations and materials of
construction shall be approved by the Zoning Administrator for the produc-
tion lots.
20. The proposed landscape buffer along Camino Tassajara shall be maintained by
a lighting and landscape maintenance district.
21. All residences will provide for a lighted street address which is plainly
visible from the street.
22. Comply with the requirements of the County Geologist as follows:
A. During construction of subdivision improvements, all landslides within
100 feet of planned structures, roadways, underground utility lines,
or parcels of 12,000 square feet or less shall be removed, repaired,
or retained to the satisfaction of the Planning Geologist.
B. The standard cut slope gradient within this development is three
horizontal to one vertical (3:1) or flatter south of "T" Street except
for cuts five feet or less in height not in an identified landslide.
Cuts in this area may also be designed at 2:1 or flatter if they are
over-excavated and buttressed as engineered fill . Fill slopes more
than 30 feet in height shall be appropriately explored, foundation
( conditions tested, and the slopes analyzed for safety under loads of
-4-
r an earthquake acceleration of 35% of gravity. Each analysis is
subject to review and approval of the Planning Geologist.
C. Prior to issuance of building permits in each phase of this develop-
ment. submit "as-graded" plan and final rough grading report.
"As-graded" plan shall show landslides and lithologic units as mapped
during grading under the supervision of an engineering geologist, plan
and profile of all repaired landslides, and plan and profile of
surface and subsurface drainage facilities, all as surveyed by the
Civil Engineer for the project. Final grading report shall contain
general descriptions of stability control features installed for each
numbered landslide in the phase; and statements of the engineering
geologist, soil engineer and civil engineer that the work was satis-
factorily installed in accordance with their recommendations.
D. Landslide 6 shall be repaired at the time of grading for improvement
of "0" Court or "M" Court, whichever is improved first. Landslides
12, 13, and 14 shall be repaired no later than the time of grading for
improvement of "P" Court or "N" Court, whichever is first.
E. Final maps and grading and building construction plans shall show and
observe level setbacks of slopes from parcel lines and habitable
structures including garages and swimming pools. Setback area widths
shall be half (1/2) the height of the adjacent slope but not more than
20 feet nor less than 4 feet. At any time : or place, if County
ordinance is more restrictive than this condition, ordinance shall
Cgovern.
F. Final maps for phases of this development shall be recorded after
landslides affecting that phase have been repaired or bonded. If
improvements are to be bonded but not installed, a grading bond will
be required. The grading bond amount shall be based on the total
grading estimated by the civil engineer including earth removal and
replacement surface and subsurfaced drainage facilities and
appurtenances, and required accessory materials as the geotechnical
engineer, civil engineer, or County recommends.
G. All drainage facilities installed or to be installed in open space and
private parcels of this development shall be placed in easements
making the facilities accessible for repair. Recorded documents such
as CC and R's shall prohibit construction of structures except for
purposes of drainage and stability within said easements.
H. All grading for improvements in hillside areas of this subdivision
with a slope greater than 10 percent shall be restricted to the period
between April 30 and October 15. Upon request by the applicant,
alternative grading periods may be approved by the Zoning
Administrator. All graded or cleared slopes of more than 10 percent
shall be protected from erosion by hydromulching or landscaping on
tacked jute netting during the rainy season from October 15 through
April 30. Drainage facilities required to control erosion shall be
maintained by developer until improvements are accepted by County or
i handed to homeowners association(s) .
CV
f -5- k
f 23. Comply with the following drainage, road improvement, traffic and utility
L requirements:
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.
B. The following exception to Title 9 is permitted for this subdivision:
1) Chapter 96-8 (Sidewalk and Paths) , as indicated on the Vesting
Tentative Map.
C. Construct frontage improvements along Camino Tassajara as follows:
1) Construct curb (face of curb located 12 feet from the widened
right of way line) and an 8-foot wide meandering pedestrian and
bike pathway. Provide a planter strip, having a minimum width of
2 feet, between the curb and pathway. The pathway shall be free
of obstructions and shall have 2 feet of clearance, at least,
from obstructions on both sides.
2) Construct Camino Tassajara as a new 34-foot half-width roadway
including necessary drainage, extending as necessary to provide
standard transitions to the roadway at both ends of the develop-.
ment.
C3) Construct a half-width raised median strip.
4) Those portions of the pathway not within the right of way shall
be located within a public access and utility easement.
5) Provide full channelized median openings with 300-foot single
left-turn storage lanes and standard transitions, at the inter-
sections of "A" Street and "B" Street with Camino Tassajara by
widening into the median area.
6) Landscape,.the border strip (sidewalk area) and median, subject to
approval by the Zoning Administrator; and:
a) Design the irrigation system so that irrigation water will
not spray or flood onto the pavement surface of the roadway;
and
b) Establish a landscape maintenance entity subject to approval
of the Public Works Department.
7) Coordinate the installation of utility installation and frontage
improvements so as to cause minimum inconvenience to the public
to include the following:
a) Prior to construction, submit a detailed plan, to the Public
Works Department, showing improvements to be constructed,
r -6-
conforms with existing and/or adjacent improvements, pave-
ment striping details, and staging plans.
b) Paving of all detours. Any exceptions will be subject to
review and approval of the Public Works Department.
c) Limiting unavoidable delays to the public due to
construction operation to no more than five (5) minutes.
8) Submit an agreement to pay for half the cost of a traffic signal
at the intersection of "A" Street and Camino Tassajara. If after
a period of 5 years from the time of the occupancy of 90% of the
houses in this subdivision the County determines that the traffic
signal is not warranted, this agreement will become void.
9) Constructing, if required by the transit authority, a standard
concrete bus turnout at a location subject to review and approval
by the transit authority and providing public utility easements
as necessary for the turnout and accessories.
D. Convey to the County, by Offer of Dedication, additional right of way
as necessary along the frontage of Camino Tassajara. The required
right of way will be fourteen (14) feet greater than that shown on the
precise alignment plan for Camino Tassajara (Drawing PA 4721C-80,
Sheets 10 and 11) , except that the required right of way will be
reduced at the easterly property line, as determined by the Public
. Works Department, to the amount shown on the precise alignment plan.
l The alignment of this additional right of way shall be subject to
review and approval of the Public Works Department.
E. Convey to the County, by Offer of Dedication, the Hansen Lane Right of
Way between the site and Camino Tassajara.
F. Relinquish abutter' s rights of access along all curb returns within
the subdivision.
G. Relinquish abutter's rights of access along Camino Tassajara with the
exception of tte access roads as shown on the Tentative Map.
H. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
1) "A Street, at its intersection with Camino Tassajara, shall be a
56-foot roadway within a 76-foot right of ways. This will
provide for one 20-foot inbound lane, a 4-foot raised median, and
2 outbound lanes (12 feet and 20 feet) with 10-foot borders.
This widened section of the access road shall have a standard
transition to the 40-foot roadway within a 60-foot right of way
to the north.
I. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
i
IIJ
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J Furnish proof to the Public Works Department, Engineering Services
CDivision, 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.
K. Convey to the County of Contra Costa, by Grant Deed, the future
"development rights" over that portion of the property traversed by
natural watercourses. The area for which the "development rights" are
to be deeded shall be determined by using the criteria outlined in
Chapter 914-10, "Easements", of the Subdivision Ordinance.
L. Design and construct the on-site detention facilities in accordance
with the policies and standards of the Contra Costa County Flood
Control District.
M. Establish a public entity, subject to Public Works Department
approval , to provide for perpetual maintenance of the detention basin
facilities.
N. The on-site detention basins and the related maintenance access roads
shall be placed within public easements.
0. The applicant shall mitigate the off-site traffic impact of this
development by the following:
1) Contributing $4,900 per dwelling unit for off-site road improve-
ments. In accordance with Condition 23. 0. (2) below, the first
C portion of this contribution, equal to applicant's required Crow
Canyon Road Extension Fee Benefit Area fees, shall be deposited
into a separate County account entitled "Crow Canyon Road
Extension-Area of Benefit" (Fund No. 819600) . The remaining
portion will be placed in a Road Improvement Fee Trust (Fund No.
819200-0800) designated for road improvements in the Camino
Tassajara/Sycamore Valley area including projects within the
cities of Danville and San Ramon. This portion of the fee will
be adjusted annually, beginning on January 1, 1989 to reflect the
Bay Area Consumer Price Construction Cost Index, measured from
January 1, 1988.
2) Participating in the Crow Canyon Road Extension Fee Benefit Area
as follows:
(a) The applicant shall participate in the Crow Canyon Road
Extension Fee Benefit Area in accordance with Board of
Supervisors Resolution No. 86/36 and County Ordinance No.
86-11 and the County's Reimbursement Agreement with
Blackhawk, dated September 16, 1986 (approved by Board of
Supervisors Resolution No. 86/560) and any and all subse-
quent actions in furtherance thereof. Applicant shall pay
to the County the Fee Benefit Area fees prior to the
approval and filing of a final or parcel map. Applicant
shall pay the Fee Benefit Area fees in effect at the time of
approval of the final or parcel map and said fees shall be
deposited into a separate County account entitled "Crow
EXIHIB!T _L - -7
( -8-
Canyon Road Extension-Area of Benefit (Fund No. 819600) for
reimbursement to Blackhawk. Pursuant to County's Joint
'L Exercise of Powers Agreement with Danville and San Ramon,
dated February 10, 1987, if the subject property is subse-
quently annexed to either city, the obligation to pay such
fees shall continue.
(b) If any portion of the property is subsequently developed in
such a manner so as not to require a final or parcel map for
that portion, the application shall participate in the Crow
Canyon Extension Fee Benefit Area in accordance with Board
of Supervisors Resolution No. 86/36 and County Ordinance No.
86-11, and the County's Reimbursement Agreement with
Blackhawk, dated September 16, 1986 (approved by Board of
Supervisors Resolution No. 86-560) and any and all subse-
quent actions in furtherance thereof. The applicant shall
pay to the County the Fee Benefit Area fees applicable to
that portion of the property in effect at the time of
issuance of any building permit and said fees shall be
deposited into a separate County account entitled "Crow
Canyon Road Extension-ARea of Benefit (Fund No. 819600)
for reimbursement to Blackhawk. Pursuant to County's Joint
Exercise of Powers Agreement with Danville and San Ramon,
dated February 10, 1987, if the subject property is subse-
quently annexed to either city, the obligation to pay such
fees shall continue.
P. Mitigate the impact of construction traffic generated by this develop-
ment as follows:
(1) Contribute $477 per dwelling unit to a Road Improvement Fee Trust
(Fund No. 819200-0800) designated for road improvements desig-
nated for rehabilitation of that portion of Camino Tassajara that
lies between the easterly boundary of the Blackhawk. Development
and I-580 in Alameda County. This fee will be adjusted annually,
beginning on January 1, 1989 to reflect the Bay Area Consumer
Price Construction Cost Index, measured from January 1, 1988.
Q. At the completion of construction of the on-site road system (or
later, as determined by the Public Works Department) , restore Camino
Tassajara between the site and Leema Drive by making structural
repairs, as necessary at selected locations, and overlaying the road
subject to the direction and approval of the Public Works Department.
The applicant will be eligible for partial reimbursement of the cost
of these improvements by pending and future Camino Tassajara
developments based on a pro-rata share as determined by the County.
R. Participate in the development of an Alamo Creek watershed protection
plan by jointly, with the other developments in the watershed:
1) Retaining a private engineering firm to develop the plan; such
plan subject to review and approval of the Flood Control
f District; OR
-9-
2) Requesting the Flood Control District to act as a lead agency in
the development of the plan.
3) If joint action with the other developments does not materialize,
the applicant must mitigate storm water run-off flowing onto and
from the site, from the ultimate development of the watershed, by
constructing drainage improvements which will maintain the rate
of run-off from the site (or at an acceptable point downstream of
the site) at the current rate of run-off; such improvements
subject to review and approval of the Flood Control District.
S. Provide funds for implementing the planned Alamo Creek watershed
protection facilities by contributing, prior to the filing of the
Final Map for Subdivision 6737, a drainage fee not to exceed $0.25 per
square foot of added impervious surface area per the Impervious
Surface Fee Ordinance criteria. The applicant will receive credit
against this fee for costs of constructing drainage improvements that
are part of the drainage plan. This condition will satisfy the
requirements of any Drainage Fee Ordinance that is adopted for the
area. If a drainage plan has not been developed (either through joint
action of the various developments or by the formation of a Drainage
Area) , the applicant must mitigate storm water run-off flowing onto
and from the site, from the ultimate development of the watershed, by
constructing drainage improvements which will maintain the rate of
run-off from ,the site (or at an acceptable point downstream of the
site) at the current rate of run-off; such improvements subject to
Creview and approval of the Flood Control District.
T. Prior to issuance of building permits, file the Final Map for
Subdivision 6737.
U. Submit a detailed sketch plan of the required road improvements at the
intersections of "A" Street and "B" Street with Camino Tassajara, for
Public Works Department review and approval , prior to submitting
improvement plans.
V. Prior to filing the Final Map, apply for vacation of applicable public
utility easements and pay the required fees.
THE FOLLOWING STATEMENT IS ADVISORY ONLY AND DOES NOT CONSTITUTE A CONDITION OF
APPROVAL.
1. Comply with the requirements of the San Ramon Valley Fire Protection
District.
10/29/86
12/11/86
12/30/86
3/10/87
Revised 4/1/87
RZIV/2665-RZ.REV
RESOLUTION NO. 17-1987
RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, CERTIFYING THE
RESPONSES TO COMMENTS ON THE NOTICE OF INTENT TO USE THE PRIOR EIR
(HANSEN LANE GPA) AS THE EIR FOR THE SHADOW CREEK PROJECT AND
RECOMMENDING APPROVAL OF SAID PROJECT INCLUDING REZONING (2665-RZ) ,
FINAL DEVELOPMENT PLAN (3010-86) AND SUBDMSION 6737.
WHEREAS, on November 27 , 1984 , the County of Contra Costa
Board of Supervisors certified a Final EIR for the Hansen Lane
General Plan Amendment; and
WHEREAS, applications for approval of a development project
known as Shadow Creek, located on the northern 196 acres of the
Edmunston Ranch property, have been submitted to the Contra Costa
County Community Development Department; and
WHEREAS, preparation of a Notice of Intent to Use Prior EIR
for Shadow Creek was initiated by the Contra Costa County Community
Development Department and sent to potentially concerned groups,
agencies and individuals on July 18, 1986; and
WHEREAS, comments on the Notice of Intent were solicited and
accepted until September 8 , 1986 ; and
CWHEREAS , written responses to the comments received in the
review period were prepared by the Contra Costa County Community
Development Department; and
WHEREAS, prior to November 5, 1986, the Community Development
Department provided to members of the San Ramon Valley Regional
Planning Commission the following: copies of written comments
received by the Community Development Departments by September 8 ,
1986; list of persons, organizations and public agencies commenting
on the Notice of Intent; and written responses of the Community
Development Department to comments received on the Notice of
Intent; and
WHEREAS, the EIR, Notice of Intent, Comments and Responses to
Comments have been reviewed and considered by the San Ramon Valley
Regional Planning Commission; and
WHEREAS, after notice thereof having been lawfully given, a
public hearing on the proposed Shadow Creek rezoning ( 2665-RZ) ,
final development plan ( 3010-86 ) and Tentative Subdivision Map
( 6737) applications was initially scheduled on August 20 , 1986 and
subsequently rescheduled to September 3 , 1986, November 5 , 1986 ,
Page 2 Resolution No. 17-1987( SR)
December 17, 1986, January 7, 1987, February 18 , 1987 and March 18,
1987, at which time a public hearing was conducted , whereat all
persons interested therein might appear and be heard, and following
which the Commission closed the hearing and continued the matter to
April 1 , 1987, for decision.
NOW, THEREFORE BE IT RESOLVED that the San Ramon Valley
Regional Planning Commission finds that the Final Environmental
-Impact Report, Notice of Intent and Responses to Comments
constitute the Final Environmental Impact Report for the subject
applications; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission finds that there is no substantial change
proposed in the project since the Final EIR for the Hansen Lane
General Plan Amendment nor has there occurred any substantial
changes with respect to the circumstances under which the project
is being undertaken; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission finds that the changes in 'the project not being
substantial, _ do not require that a revised Environmental Impact
Report be prepared and more, that the changes go toward minimizing
the environmental impacts and toward compliance with the General
Plan; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission having reviewed the Final Environmental Impact
Report and considered the comments submitted in response to it,
finds the environmental. documents constituting the Final
Environmental Impact Report to be adequate and that it has been
completed in compliance with the California Environmental Quality
Act; with State guidelines; and with Coupty processing procedures;
and
BE IT FURTHER RESOLVED that the following environmental
findings of the Final EIR apply:
-LAND USE AND PLANNING
Impacts
o The proposed development would present a more dense
housing mix than the Blackhawk Development to the north
Page 3 Resolution No. 17-1987(SR)
and east. A contrast in development density will also
result from the design for parcels adjoining the
ranchettes along Lawrence Road and Hansen Lane.
o The portion of the northwest parcel adjacent to the
Bettencourt agricultural preserve would be developed
Single Family High Density. This would result in
. incompatible land uses (nuisance noise, dust, roaming
cattle nuisance to homeowners, and the converse of
marauding dogs, dirt bikes chasing cattle and annoying
the farmers) .
o Abrupt transitions from high density to very low density
are subject to questions of compatibility. For example,
the single family high density portion of the project
contrasts with adjacent low density residential areas of
the Blackhawk development and ranchette parcels along
Hansen Lane.
Mitigations :
o The project is adjusted to conform to the Commission
approved General Plan Amendment to minimize the
compatibility issues.
o To resolve potential land use differences in density, the
proposed land uses within the project are rearranged to
correspond more closely to those of adjacent development.
o The difference in density between adjacent properties and
the project are the result of general plan categories
within the individual projects.
o Open space areas are incorporated into the improved
project to reduce land use differences in density. Open
space has been selectively located to more properly
benefit residential areas within and without the project.
o The internal land uses proposed by the applicant are
adjusted to eliminate the use of Hansen Lane for ingress
and egress to the property and to conform with the
physical constraints of the property as well as the
policies of the General Plan.
E.:I IICi I • -��
Page 4 Resolution No. 17-1987(SR)
C.
TRAFFIC
Impact
o The project would generate approximately 4,327 vehicle
trip ends per day. Traffic levels in the immediate
vicinity of the project site would not be altered.
Cumulative traffic would reduce levels of service to
unacceptable levels at the intersections of Crow Canyon
Road/Alcosta Boulevard, Crow Canyon Road/Crow Canyon
Place, Sycamore Valley/Camino Ramon, Camino
Tassajara/Sycamore Valley Road and Camino
Tassajara/Diablo Road. Levels of service would be
reduced at other intersections, but are considered
acceptable.
Mitigation
o The General Plan Amendment mandates that this property
contribute to the area-wide circulation needs. The
amount and location of those off-site contributions were
identified in a traffic study prepared in July, 1986 , by
TJKM Transportation Consultants and . addendum prepared by
that firm. These improvements would then provide
acceptable levels of traffic service.
o The project shall participate in the Crow Canyon Road
Extension Fee Benefit area in accordance with Board of
Supervisors Resolution #86-11 and the County
Reimbursement. Agreement with Blackhawk dated September
16, 1986 (approved by the Board of Supervisors '
Resolution #86-560) and any and all subsequent actions in
furtherance thereof.
FIRE PROTECTION
Impacts
o The proposed project in itself would not significantly
burden the San Ramon or Tassajara Fire Protection
Districts. As projects are developed in the Tassajara
area, greater demands would be placed on both districts
requiring increased manpower, equipment and new
EYI Ilii i 2��
Page 5 Resolution No. 17-1987(SR)
facilities. However, no additional capital improvements
would be necessary to serve the project site.
o Fire occurrences would increase with buildout, and in
particular, the number of potential grass fires in areas
not previously accessible would increase.
o New development could increase the number of medical
calls to approximately 25 percent of the total calls.
Mitigations
o The area is not currently served by a municipal water
supply system. The proposed site must have a hydrant
system capable of meeting the fire district' s fire flow
requirements at every residence.
o Other proposed fire protection mitigations will be
considered upon review of building permits.
WATER AND SEWER SERVICE = -
Impact
o The project is outside the LAFCO sphere of influence and
the East Bay Municipal Utility District and Central
Contra Costa Sanitary District service area.
Mitigation
o The applicant must request annexation to the EBMUD and
Central Sanitary prior to development of the site.
GEOLOGY
Impacts
o The possibility of fault rupture is remote. Earthquake
ground-shaking is likely from earthquakes on distant and
nearby faults, including .some that do not reach the
surface.
o Landslide-prone areas and smaller individual landslides
can damage structures, roads, utilities, and service
:XI ifBiT
Page 6 Resolution No. 17-1987(SR)
lines in the hillside area and near the deeply-incised
creek channels.
o Expansive soils in bedrock can damage structures,
foundations, roads and other improvements. Rock
expansion is most damaging along "hard--soft" rock
contacts in the upland areas where the rocks have steep
. dips.
o Soil erosion accelerates in greater areas after
landsliding occurs.
Mitigation
o The applicant will comply with the requirements of the
county ordinances and the county geologist as required by
the Commission and geology will be addressed at the time
of the improvements plans for the project.
HYDROLOGY
CImnacts.
o Homes built within Zone A of the HUD designated 100-Year
Flood Zone on West Branch and Middle Alamo Creeks may be
subject to flooding.
o Sedimentation is an existing downstream problem on Middle
Alamo, Alamo Creek, and West Branch Creek. With the
proposed Shappel development located approximately two
miles downstream along West Branch, the cumulative
increase in sedimentation could result in significant
problem4,
o Urbanization of part of Edmonston Ranch would merely add
more of the kind of urban storm run-off pollutants which
characterize existing large urban areas, and would
constitute a minor addition to an existing problem which
r-s not as yet acute.
Mitigations
o County ordinances will be followed and any requirements
of the County Flood Control District.
i
WHIT
Page 7 Resolution No. 17-1987(SR)
o The project will participate in the development of an
Alamo Creek watershed protection plan jointly with other
developments in the watershed retaining. a private
engineering firm to develop a plan or requesting the
Flood Control District to act as the lead agency in the
development of the plan.
o The project will provide funds for implementing the
planned Alamo Creek watershed protection facilities by
contributing a drainage fee not to exceed $. 25 per square
foot of added impervious surface area per the impervious
Surface Fee Ordinance criteria.
VISUAL AND AESTHETIC CONSIDERATIONS
Impacts
o The existing homes along Hansen Lane will have near views
of the proposed homes and roadways. The existing walnut
orchard in the northwest area of the black locust trees
along Hansen Lane will be removed. Loss of these visual
screens to properties adjacent to the site will
constitute the most severe aesthetic impact resulting
from the northwest portion of the project.
o Near views of the proposed development will be possible
from the farmhouse on the Blackhawk property, north of
the project site.
o Intermediate views of the building activity will be
possible for some of the residents ' homes along Hansen
Lane. Intermediate views of portions of the Tassajara
project site will be possible from various points along
Camino Tassajara. This is especially true of the eastern
area and southern area both of which are open and are not
blocked by intervening topography. Distant views are
possible from portions of Mt. Diablo.
o For some of the hoes within the proposed Country Club II
Blackhawk development, views of the proposed project will
be predominate.
E ilOIT .2
Page 8 Resolution No. 17-1987(SR)
Mitigations
o The project will provide selective screen landscaping.
o The project plans to retain the black locust trees along
Hansen Lane.
o The project will make every attempt to preserve West
Branch Creek in its natural state for project residents.
BIOTICS
Impacts
o If the present land use remains, the complement of plant
communities and animal species will continue to persist.
If nothing was done to deter the high-volume run-off from
disturbed land to the north, high water flow would
continue to erode the West Branch Creek streambed. The
combined forces of erosion in the creek channel and
grazing in the understory area would greatly reduce the
effectiveness of the plant community as a viable wildlife
community.
o The abundance of noise and exotic scents from single
family dwellings would discourage numerous birds and
animal species from occupying the riparian woodland
bione.
o If storm run-off from the project was allowed to enter
the creek, it would not only carry street pollutants with
it, it would also greatly increase the already heavy
storm flqw and in the waterway.. The result would be the
intensification of bank erosion and the resulted loss of
numerous trees.
o The loss of the entire hay crop in this area would
eliminate those species which depend on it for their
annual food supply.
o The great increase in the area of domestic pets such as
cats and dogs would result in a predatory force competing
directly with wildlife predators while reducing their
prey species in the area. Domestic dogs are also the
E;(N131T Z�J._g
Page 9 Resolution No. 17-1987(SR)
C
most important single factor responsible for sheep and
cattle kills in California, and the addition of numerous
large dogs in the agricultural areas may significantly
increase such losses.
o The close proximity of the proposed development to the
riparian woodland would promote hoke root fungus, due to
. summer watering of adjacent lawns and gardens.
o The setting of units in the eastern portion of the
project indicates a significant portion of the riparian
habitat would be eliminated.
Mitigations
o The project will comply with the county ordinances and
flood control district requirements regarding creek
setbacks.
o The project is designed with open space and a trail
system- throughout the project.
o The project plans an open style stock fencing in selected
areas.
o The proposed development retains the creek area in its
natural state.
o The project design encourages the retention of sycamore
trees on the property.
o The project plans for utilization of a detention and
siltation basin to reduce peak flow and siltation
run-off.
ACOUSTIC
Impacts
o Noise levels would be increased during construction and
grading operations.
F.XIMIT �
Page 10 Resolution No. 17-1987 (SR)
o Noise levels for the homes in the eastern portion
fronting Camino Tassajara would be above the exterior
standard for residential development.
Mitigations
o All construction and transportation equipment shall be
muffled in accordance with State and Federal
requirements.
o The project shall include a soundwall as appropriate to
attenuate noise conditions to adjoining residences along
Camino Tassajara.
BE IT FURTHER RESOLVED that any remaining unmitigated
environmental impacts associated with the Shadow Creek project are
deemed to be acceptable in view of the benefits that would accrue
from the provision of needed housing in the Danville area and that
this need is overriding in that this project would help in
alleviating this need; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission finds that the proposed development project as
revised for a maximum of 429 dwelling units conforms with the
County General Plan policies for this site including the 1984
Hansen Lane General Plan; and
BE IT FURTHER RESOLVED that the conditions of approval would
address the identified impacts such as to minimize the impacts if
not remove them entirely; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission recommends that the Board of Supervisors
require the Shadow-Creek project participate in a police services
district aimed at regulating construction traffic in the Tassajara
area during the period of construction activity as recommended by
the San Ramon Valley Regional Planning Commission Resolution
#8-1987 ; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional
Planning Commission recommends that the Board of Supervisors
approve and adopt the proposed Shadow Creek project as revised for
a maximum of 429 dwelling units including conditions of approval
attached hereto as Attachment A; and
EM,IGIT 2
♦ Page 11 Resolution No. 17-1987(SR)
BE IT FURTHER RESOLVED that all written and graphic material
developed for and pertaining to those proceedings are made part of
the record; and
BE IT FURTHER RESOLVED that the Chairman and Secretary of the
San Ramon Valley Regional Planning Commission shall respectively
sign and attest the certified copy of this resolution and deliver
same to the Board of Supervisors.
The instruction by the San Ramon Valley Regional Planning
Commission to certify the adequacy of the prior EIR, Notice of
Intent, and Responses to Comments for purposes of satisfying the
requirements of the California Environmental Quality Act and
incorporating the above and aforementioned, was given by the San
Ramon Valley Regional. Planning Commission at a regular meeting on
Wednesday, April 1, 1987, by the following vote:
AYES: Commissioners - Freeman, Lehman, Cameron, Moore,
Cardinale
NOES: Commissioners - None
C
ABSENT: Commissioners - Kaye, Nudelman
ABSTAIN: Commissioners - None
The instruction to prepare this resolution and recommend
APPROVAL of File #2665-RZ, Development Plan 3010-86 and Subdivision
6737 was given by the San Ramon Valley Regional Planning Commission
at a regular meeting on Wednesday, April 1, 1987 , by the following
vote:
AYES: Commissioners - Cameron, Freeman, Lehman, Moore,
Cardinale
NOES: Commissioners - None
ABSENT: Commissioners - Kaye, Nude Lean
ABSTAIN; Commissioners - None
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1, WILLIAM GAR IMAL5- Chairman of the San Ramon Valley
Regional Planning Commission, Contra Costa County, State of California,
do hereby certify that this is a true and correct copy of EAC-IES T-Ia)
L iii iriy 'Tt{F crtjfsq�112MIQ6 M4-2
indicating thereon the decision of the San Ramon Valley Regional Planning
Commission in .the matter of
2fp(v5 ,'
Chaii man of the San Ramon Valley Regional
Planning Commission, State of California
AT T:
ere ry of SaRamon Valley Regional
Planning Co iss n, State of California .
EXHloiT