HomeMy WebLinkAboutMINUTES - 11191991 - D.1 ra
TO. BOARD OF SUPERVISORS " I �,.���,`"}��
TO:
CWS
FROM: HARVEY E. BRAGDON ;.. Wu �`�
�
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 12, 1991
SUBJECT: APPROVAL OF THE OAR GATE PROJECT (FILE #2938-RZ) (Frost/Offenhartz -
Applicant) IN THE DANVILLE/TASSAJARA AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve the Oak Gate Project by taking the following actions:.
1. Accept the environmental documentation as adequate.
2 . Approve File #2938-RZ rezoning 17. 3 acres from General
Agricultural (A-2) and Single .Family Residential (R-40) to
Planned Unit District (P-1) with conditions. (Exhibit A attached)
3 . Approve Final Development Plan 3041-90 and Vesting Tentative
Map 7621 for the 17 . 3 acre Oak Gate Project subject to
conditions. (Exhibit B attached)
4 . Adopt the findings contained in Resolution #40-1991 as the
basis for the Board of Supervisors decision.
5. Introduce the ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
6. Agree to consider establishment of a Benefit District, or
other financing mechanism, to allow the developers to recover
expenses expended to benefit neighboring property owners,
including but not limited to the Tomek property on Mrach Road,
the Corrie/Gentry property on the southside of Camino
Tassajara and the Hansen property on the northside of Camino
Tassajara.
DISCUSSION
This item was heard by the Board of supervisors on lJovember 5,
1991. At that time, staff reviewed the recommendati n of a San
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ON D ITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 19 , 1991 APPROVED AS RECOMMENDED X OTHER
d.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
..SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED November 19 , 1991
cc: Doug Offerihartz PHIL BATCHELOR, CLERK OF
Town of Danville' THE BOARD OF SUPERVISORS
Public Works Department -Steve Wright COUNT DMINISTRATOR
Consolidated Fire Protection Dist .
Assessor BY ° , DEPUTY
BD/df
Page Two
Ramon Valley Regional Planning Commission, and modifications
provided for contribution of additional traffic fees for off-site
road improvements to which the applicant had agreed.
The applicant requested several modifications to the conditions
pertaining to limits on structure height; elimination of a
pedestrian easement; specifications of frontage improvements; and
consent from the Board on establishment of financial mechanisms for
future reimbursement of costs from benefiting property owners for
project improvements. These modifications were described in a
letter dated November 5, 1991.
BOARD ACTION
After taking testimony, the Board of Supervisors unanimously voted
its intent to approve the Oak Gate Project with the modifications
agreed to and sought by the applicant. In taking this action, the
Board concomitantly directed staff to bring back the revised
conditions of approval for final Board action.
EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING AND PRELIMINARY
DEVELOPMENT PLAN FILE #2938-RZ (Mrack-Hansen Road Area)
FINDINGS
1. Applicants (Frost/Offenhartz and Garrigan) for two projects within the Hansen Lane-
Mrack Road area have both indicated that they intend to commence construction
within two and one-half years of the effective date of final project approval.
2. The proposed 17.3 Offenhartz/Frost site plan conforms with the 1990 Mrack Road
General Plan Amendment which allows unit density in the range of 1 - 3 units per net
acre. The Oak Gate project slightly exceeds the permitted density range, however,the
variance is reasonable because of the road design configuration which has been
coordinated. The application, of Planned Unit (P-1) District zoning and preliminary
development plan conditions shall be extended to include the Garrigan property project.
3. The Oak Gate and Garrigan projects will constitute a residential environment of
sustained desirability and stability in that each is proposing lot sizes in conformance
with recent nearby residential projects (Shadow Creek and Bettencourt). The
conditions of approval restrict the number of access points onto Camino Tassajara;and
will ultimately require the construction of a decorative frontage wall along the entire
length of Camino Tassajara. Architectural guidelines are proposed for the Oak Gate
and Garrigan projects and shall be required of all projects to assure the development
of a residential environment in harmony with nearby neighborhoods.
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, justifies exceptions from the
normal application of the code, including variations in parcel configuration and
landscaped setback practices along Camino Tassajara. The granting of these variations
is reasonable insofar as they permit a project that provides safer traffic conditions
along Camino Tassajara by limiting the number of access points to a maximum of two.
CONDITIONS OF APPROVAL
1. The P-1 rezoning and preliminary development plan shall apply to an approximate 22-
acre area encompassing the Oak Gate and Garrian property projects.
2. No subdivision of property may occur until a final development plan application has
been approved. Until a final development plan application is approved, uses shall be
consistent with the General Agricultural (A-2) District.
3. The existing access from Mrack Road onto Camino Tassajara shall be closed and the
right-of-way section abandoned prior to any subdivision of properties fronting on Mrack
Road. Access points onto Camino Tassajara shall be limited to Hansen Lane and the
un-named road (working name - "A" Drive) 700 feet to the west of Hansen Lane.
i
1
2.
4. An 8-foot tall,decorative rock inlaid,masonry soundwall ("Blackhawk-style")to match
the design of the soundwall on the adjacent Bettencourt Ranch project shall be
constructed along the frontage of Camino Tassajara from Bettencourt Ranch to Hansen
Creek. Construction of wall sections shall be the responsibility of the owners of
property with respective frontage on Camino Tassajara, unless other acceptable
arrangement is provided.
The wall shall be designed based on the findings and recommendations of an acoustic
study to be prepared by an acoustic engineer. The acoustic study shall be based on
long-term traffic projections for Camino Tassajara obtained from the Public Works
Department, Road Engineering Section.
5. Development shall focus on development standards that will enable the Mrack Road
area to be unique. Special standards shall be developed for roadways, street furniture,
architectural guidelines,landscape entrance features,and/or other proven development
techniques.
6. Subdivision approvals shall require new residential units to mitigate traffic impacts as
follows:
A. Contribution of traffic fees in accord with the Crow Canyon Road Traffic Joint
Exercise Powers Agreement.
B. Residential units reliant on access to Camino Tassajara from the un-named
access road ("A" Drive) lying 700 feet west of Hansen Lane shall be required
to contribute a fair-share fee towards the development of a traffic signal
planned for the intersection of Camino Tassajara and the unnamed access road.
The "fair-share" contribution shall consider impacts to this intersection from
probable development south of Camino Tassajara.
7. Landscape plans for the Camino Tassajara frontage area between the curb and the
soundwall shall be coordinated as much as possible to provide for a harmonious
frontage.
RD/aa
RZXIV/2938-RZC.RD
9/13/91
10/22/91
Exhibit B
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #3041-90 AND VESTING
TENTATIVE MAP 7621 FOR THE OAK GATE PROJECT (Frost/Offenhartz - Aonlicants) PER
BOARD OF SUPERVISORS APPROVAL
The Conditions of Approval which are denoted with an asterisk (*) call for the submittal of
documents for opportunity for review by the Town of Danville prior to administrative review
and approval by the County Zoning Administrator occurring.
General
1. Development and use shall be substantially as shown on the following submitted
exhibits, except as modified by the conditions below subject to final review and
approval of the County Zoning Administrator.
A. Revised Preliminary Development Plan, Final Development Plan and Vesting
Tentative Map dated August 20, 1991.
B. Garrigan/Mrack Road Property Owners Entry Road (attached to August 16,
1991 letter from Doug Offenhartz of Oak Park Realty).
C. July 7, 1991 and July 12, 1991 letters from Dudly Frost Associates regarding
the project approach.
D. "Oak Gate Site Development and Architectural Guidelines", July, 1991.
E. "Preliminary Geotechnical Reconnaissance Report", Engeo, Inc.-November 20,
1990.
F. Streetscape Development Plan (revised September 19, 1991).
2. This approval is for a single family residential project providing for a maximum of 43
dwellings. This approval is contingent on final approval of Rezoning/Preliminary
Development Plan File #2938-RZ.
3. The project shall develop in two phases as is described on the Vesting Tentative Map.
Proposed lot line adjustments and abandonment of Mrack Road shall be consummated
prior to or concurrent with the recording of the first final map. Prior to filing a Final
Map, the applicant shall submit a site plan identifying all structures on the property and
whether they are proposed to remain or be removed. The Zoning Administrator may
require the removal of any structure or other solution mutually acceptable to the
Zoning Administrator and applicant prior to recording the map.
4. At least 30 days prior to filing a final map, a revised final development plan shall be
submitted for the review and approval of the Zoning Administrator. The revised plans
shall provide for:
2.
A. A revised entrance design in accord with the design attached to the August 16,
1991 letter from Oak Creek Realty.
B. An internal landscaperrrigation plan for the Oak Gate project prepared by a
licensed landscape architect. The plan shall address public right-of-way area.
The plan shall be certified for compliance with the Water Conservation
Ordinance (90-59). A long-term maintenance program shall be provided.
C. *A landscaperrrigation plan for the area between face of curb and the proposed
soundwall along the Camino Tassajara frontage.
1) ' The plan shall provide for an 8-foot decorative soundwall ("Blackhawk-
style") to match the design of the soundwall on the adjacent
Bettencourt Ranch project. The wall shall extend from Hansen Lane to
the project entrance. The design of the wall shall be based on the
recommendations of an acoustic study prepared by an acoustical
engineer on projected traffic volumes. Wrap treatment of the wall at
road intersections shall be subject to Zoning Administrator review and
approval.
2) Prior to submittal to the County and Danville, the applicant shall make
a diligent effort to coordinate landscape plans with the developer of
Subdivision 7613 (Garrigan). Bushes shall be a minimum of 5 gallon
size; trees shall be a minimum of 15 gallon except that at least two
trees shall be a minimum 24-inch box. The landscape plans shall be in
accord with the Water Conservation Ordinance.
3) Project entrance identification signs shall be included with the submittal.
4) A hardscape plan for the project entrance shall be submitted. Prior to
submittal to the County or the Town of Danville, the applicant shall
diligently attempt to coordinate the project entrance design with the
developer of Subdivision 7613 (Garrigan).
5) A long-term program for maintenance of landscape improvements. A
landscape maintenance easement shall be established along the Camino
Tassajara frontage between the wall and right-of-way boundary. The
area shall be maintained by Landscaping District AD 1979-3 (LL-2).
6) A fencing program for the perimeter of the Oak Gate project addressing
the three sides of the project other than the Camino Tassajara frontage
treatment.
7) Prior to submittal to the County, the proposed landscape plans shall be
submitted to the Town of Danville for opportunity to comment.
3.
D. The applicant shall diligently attempt to resolve design of the circular
turnaround at the end of Mrack Road in a manner that allows use of a portion
of the Tomek property as designed.
If the Tomeks are unwilling to convey a portion of their property for the circular
turnaround, then the turnaround and adjoining parcels shall be reconfigured to
satisfy turnaround standards without encroachment on the Tomek's property.
Transportation Systems Management
5. A Transportation Systems Management (TSM) program, in compliance with County
policies shall be submitted for the review and approval of the County Zoning
Administrator at least 30 days 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 car-pooling. The applicant should contact the TSM coordinator (646-
1550) in the Community Development Department office for direction.
Residential Design Guidelines
6. Design shall generally be in accord with the Development and Architectural Guidelines.
Prior to issuance of building permits, the Master Developer or Design Review
Committee whichever has jurisdiction, shall be provided an opportunity to review and
comment on residential construction plans.
7. Residential development shall be guided by the Single Family Residential, R-12 district
except as follows:
A. Lot area and dimensions shall be in substantial conformance with the lots
shown on this map.
B. Yards shall be as follows:
1) Side: 25 feet minimum aggregate for both side yards with 10 feet
minimum for any one sideyard, except lots with non-parallel side lines
where the minimum aggregate shall be 20 feet.
2) Rear: 20 feet minimum, except the minimum may be reduced to 15 feet
for any lot with an average depth of 100 feet or less.
3) Front: 20 feet minimum, except when a side-entrance garage is used,
the garage portion of the structure may be built with a front yard of 15
feet minimum. A side entrance garage is a garage in which the plane of
the .vehicular opening is angled more than 75 degrees from a line
connecting the front corners of the side lot lines.
4.
C. Building height shall be limited to standards outlined in site development and
architectural guidelines adopted as part of recorded declaration of covenants,
conditions and restrictions for the subdivision. Residential structures
constructed on Lots 29 and 32 of this subdivision shall be limited to one story.
Residential structures on Lots 35 - 41 shall be designed with particular care
regarding roof elements to reduce visual impacts,and to improve and soften the
streetscape as viewed from Camino Tassajara. Roof pitches shall generally
slope away from Camino Tassajara in a single story roof profile not exceeding
28 feet in height, except that chimneys may be constructed as high as 35 feet.
Rear building elevations shall be stepped away from Camino Tassajara so that
no full two story facades occur at the rear yard setback line. All windows,
chimneys and siding details shall be consistent with front elevations. All corner
lots shall have the single story roof profile adjacent to side street frontages.
Accessory and/or patio structures in the rearyards of Lots 35 - 41 shall be
limited to 10 feet in height.
8. Each residence shall provide for a minimum 2-car garage with an automatic sectional
door.
9. At least 30 days prior to filing a final map, an acoustic report shall be prepared by an
acoustical engineer making findings and recommendations for the design of the
residences and Camino Tassajara soundwall. The report shall be based on projected
traffic levels. The report recommendations shall be incorporated into a revised set of
architectural guidelines.
10. At least 30 days prior to filing a final map, a revised set of Development and
Architectural Guidelines incorporating the above residential design restrictions shall be
submitted for the review and approval of the Zoning Administrator.
Covenants. Conditions and Restrictions
11. A copy of the Covenants, Conditions and Restrictions shall be submitted to the
Community Development Department. The document shall provide for the approved
revised architectural guidelines described above.
12. A private road maintenance agreement shall be provided for each private road. A copy
of each agreement shall be submitted to the Community Development Department with
the filing of each final map.
Child Care
13. At least 30 days prior to filing a final map,the applicant shall comply with the demand
study and response program provided in the Child Care Ordinance requirements. The
study and response program shall be reviewed and approved by the Zoning
Administrator. The applicant may be required to contribute to improvements to a Child
5.
Care Program in the vicinity of the Oak Gate project. The applicant should contact the
County Child Care Coordinator of the Community Development Department at 646-
2035 to obtain direction on the submittal requirements.
Construction Noise. Dust and Litter
14. 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 and to the Shadow Creek and Bettencourt Ranch Residents' Association
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 actin in their
area of responsibility. The names of individuals responsible for noise, dust, and litter
control shall be expressly identified in the notice. The notice shall be re-issued with
each phase of major construction 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.
15. 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.
16. 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.
.Special Infrastructure Fees
17. The applicant shall contribute $2,880 per lot in park land dedication fees. Collected
fees should be made available for public improvements to the proposed child care
facility adjacent to the Senior Life Care Center approximately one-half mile to the west
for a period of five years from the effective date of this permit. After expiration of this
period, any remaining funds should. be allocated to the Diablo Vista park in the Town
of Danville.
6.
18. The applicant shall contribute $5,377 per unit to the County Road Improvement Fee
Trust Fund (Fund Number 819200-0800). The applicant's obligation to the Crow
Canyon Road Extension Area of Benefit and any offsite road improvements across the
Hansen property frontage, including right of way costs, shall be credited toward this
obligation. The remaining funds shall be split in accordance with the proportions
outlined in the Camino Tassajara JEPA as if this property were included int the JEPA.
Estimates for the creditable work shall be subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of the Zoning
Administrator.
Road, and Drainage and Utility Reauirements
19. 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 `-+e 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) Constructing road improvements along the frontage of Camino
Tassajara.
Constructing curb, six-foot meandering sidewalk,necessary longitudinal
and transverse drainage, necessary pavement widening and a half-width
median island (including surface treatment) along the frontage, or a full
median island for half the Oak Gate frontage, will satisfy this
requirement. The face of the curb shall be 15 feet from the ultimate
right of way line.
2) Installing street lights and annexing the property to County Service Area
L-100 for maintenance of the street lights. The final number and
location of the lights shall be determined by the County Traffic Engineer.
3) Constructing a paved concentric or offset cul-de-sac at the end of the
proposed public road and paved turnaround at the end of the proposed
private road.
4) Undergrounding of all utility distribution facilities, including
distribution facilities connecting to any existing facilities along the
Camino Tassajara frontage.
7.
5) Conveying all storm waters entering or originating within a 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 public storm drainage facility which conveys the
storm waters to a natural watercourse.
6) 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. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
7) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
8) 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. These plans shall include any necessary
traffic signage and striping plans for review by the county Public Works
Department, Road Engineering Division.
9) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
10) An exception to the sidewalk requirement for the section of Mrack Road
northerly of Lots 34 and 38, except that a walkway on one side of the
street only shall be required.
B. Convey to the County, by Offer of Dedication, additional right of way on
Camino Tassajara as required for the planned future width of•128 feet.
C. Provide for adequate corner sight distance at the Camino Tassajara/"A" Drive
intersection using a design speed of 55 miles per hour in accordance with
CALTRANS standards.
D. Align Mrack Road as shown on the Tentative Map to line up with the access
to Garrigan Court at "A" Drive (Subdivision 7613), subject to the review and
approval of the Public Works Department.
E. Relinquish abutter's rights of access along Camino Tassajara, including rights
to access the property via Mrack Road.
8.
F. Construct Mrack Road and "A" Drive to County public road standards and
convey to the County by Offer of Dedication, the corresponding right of way.
Satisfaction of this requirement includes construction of curb, four-foot six-inch
sidewalk (width measured from curb face), and necessary longitudinal and
transverse drainage along the entire "A" Drive frontage. Between Garrigan
Court/Mrack Road and Camino Tassajara, the northbound side of "A" Drive
shall be approximately 22 feet wide (width measured from curb to curb) and
the southbound side of "A" Drive shall be approximately 22 feet wide. The
actual lane widths shall be subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of the
Zoning Administrator. The total combined northbound and southbound paved
width from curb-to-curb shall be 44-feet. North of Garrigan Court/Mrack Road,
the roadway shall transition to a 34-foot width within a 54-foot right of way
width. The Garrigan Court/Mrack Road/"A" Drive intersection and the transition
shall be subject to the review and approval of the Public Works Department,
Road Engineering Division.
G. Install road improvements at the Camino Tassajara/"A" Drive intersections:
1) Install left-turn channelization from Camino Tassajara to northbound "A"
Drive, and from southbound "A" Drive to eastbound Camino Tassajara.
2) Install right-turn lanes on Camino Tassajara for site ingress and egress
at "A" Drive using CALTRANS design for deceleration and acceleration
lanes with a 55 mph design speed.
3) Construct a traffic signal or contribute $380 per new residence to the
cost of traffic signalization to be installed when traffic warrants are met.
The adjacent subdivision to the west of this property (Garrigan
Property/Subdivision 7613) has also been conditioned to construct the above
intersection improvements.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
1. Install safety improvements on Camino Tassajara and "A" Street (including
traffic signs, striping, pavement widening and channelization as approved by
the Public Works Department.
J. Submit a sketch plan to the Public Works Department, Road Engineering
Division, for review showing all public road improvements prior to starting work
on the improvement plans. The sketch alignment plan shall be to scale and
show proposed and future curb lines, lane striping details and lighting. The
sketch alignment plan shall also include sufficient information to show that
adequate sight distance has been provided.
9.
K. 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.
L. Submit an acoustical analysis based on ultimate widening of Camino Tassajara
and ultimate development of the area prepared by a qualified expert and
mitigate impacts subject to the review and approval of the Zoning
Administrator.
M. Provide for adequate off-street parking on the proposed private roads, subject
to the review and approval of the Zoning Administrator.
N. Apply to the Public Works Department for annexation to the County
- Landscaping District AD 1979-3 (LL-2) for the future maintenance of
landscaping and irrigation facilities in median islands, parkways and other areas
("open space" is specifically excluded).
O. Construct a bus turnout on Camino Tassajara subject to the review and
approval of the Transit District and the Public Works Department.
P. Establish a maintenance agreement to insure future maintenance of the on-site
private roads.
Q. The applicant shall be required to construct the following improvements across
the adjacent Hansen property Camino Tassajara frontage:
Construct road improvements along Camino Tassajara between this proposed
subdivision and the existing Subdivision 7040 improvements to the east. The
road improvements shall provide for curb and gutter on the north side of
Camino Tassajara, two westbound travel lanes, and one 16-foot wide
eastbound and westbound travel lane transitioning to the adjoining eastbound
lane at Subdivision 7040; relocation of existing facilities as necessary; and
adequate signing, striping and traffic control. The applicant shall be responsible
for providing adequate improvement plans subject to the Public Works
Department, Engineering Services Division, review.
R. An exception is permitted to allow the public road portion of Mrack Road to be
constructed with a walkway along only one side of the roadway.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Crow Canyon Road Ext. Area of Benefit as
adopted by the Board of Supervisors.
10.
B. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 101-A as adopted by the Board of Supervisors.
RD/aa
RZXIV/7621 C.Rd
9/13/91
9/19/91-SR(a)
10/29/91
11/12/91
November 5, 1991
Mr. Bob Schroder
Supervisor, District III
Contra Costa County
510 La Gonda Way Oak Creek Realty
Danville, CA 94526
RE: Mrack Road Subdivision
File #2938-RZ, #3041-90, Subdivision 7621
Dear Supervisor Schroder:
By this letter I would like to review the changes to the Conditions
of Approval we will be requesting before the Board of Supervisors.
1. Delete Condition 4A regarding "a pedestrian easement."
2. Modify the next to last sentence in Condition 7C as follows:
Delete: "Residential structures on Lots 35-41 shall be
limited to 20 feet in height. "
Add: "Residential structures on Lots 35-41 shall be
designed with particular care regarding roof elements to
reduce visual impacts, and to improve and soften the
streetscape as viewed from Camino Tassajara. Roof
pitches shall generally slope away from Camino Tassajara
in a single story roof profile not exceeding 28 feet in
height, except that chimneys may be constructed as high
as 35 feet. Rear building elevations shall be stepped
away from Camino Tassajara so than no full two story
facades occur at the rear yard setback line. All
windows, chimneys and siding details shall be consistent
with front elevations. All corner lots shall have the
single story roof profile adjacent to side street
frontages.
Pu 3. Modify Condition 18 as follows:
The applicant shall contribute $5,377 per unit to the
County Road Improvement Fee Trust Fund. The applicant's
obligation to the Crow Canyon Road Extension Area of
Benefit and any additlena-1 offsite road improvement
across the Hansen property frontage, including right of
way costs, shall be credited toward this obligation. Ore
editable Bests are for iL_steents in emeess-of
the—tapers--and-- transitions—meeled—fie eeastruet -tbe
Aim-Mmn 9621
383 DIABLO ROAD 9 SUITE 100 • DANALLE,CA 94526 • (415) 820-6272
Supervisor Bob Schroder
Mrack Road Subdivision
November 5, 1991
Page Two
Fid4. Modify Condition 19A(1) , second paragraph, as follows:
Add: "or a full median island for half the Oak Gate
frontage. "
Pv 5. Modify Condition 19Q as follows:
Construct road improvements along Camino Tassajara
between the proposed subdivision and the existing
Subdivision 7040 improvements to the east. The road
improvements shall provide for curb and gutter on the
northside of Camino Tassajara, two westbound travel lanes
and one 16-foot wide eastbound travel lane transitioning
tothe adjoining eastbound lane at Subdivision 7040,
relocation of existing facilities as necessary and
adequate signing, striping and traffic control. The
applicant shall be responsible for providing adequate
improvement plans subject to the Public Works Department,
Engineering Services Division, review.
6. Add new Condition 19S as follows:
The Board of Supervisors shall consider establishing a
Benefit District, or other financing mechanism, to allow
the developers to recover expenses expended to benefit
neighboring property owners, including but not limited
to the Tomek property on Mrack Road, the Corrie/Gentry
property on the southside of Camino Tassajara and the
Hansen property on the northside of ,Camino Tassajara.
We respectfully request that you approve Option C as follows:
Approve the Oak Gate project generally as recommended by the San
Ramon Valley Planning Commission, but with modifications to require
additional fee obligation for off-site traffic improvements as
agreed by the applicant and with the modifications described in
applicant's letter dated November 5, 1991; and, Approve actions 11,
#2, #3, #4 and #5 in Staff Report Option A.
Thanks again for your cooperation.
Very truly yours,
OAK CREEK REALTY, INC.
Doug G//V,\ ^/
kl,6�f
fnhartz
ROAD MITIGATION FEES
Camino Tassajara Area
November 5, 1991
Bettencourt Shadow Creek Mrack Road
Ranch
1. Tassajara Area $5,377 $4,900 $5, 377
Transportation
Improvement Fee (JPA)
2. Roads & Bridges exempt exempt exempt
(Ordinance 89-10)
3. Crow Canyon Rd exempt $1,715 $1,715
Extension Area of credit credit
Benefit
4. Off-Site none none $3 ,000
Improvements(a)
5. Camino Tassajara $5,768 $3 ,941 $16,517
On-Site Frontage
Improvements(b)
6. Total Road Costs $11,145 $8,841 $21,894
Including Camino
Tassajara On-Site
Frontage Improvements
(a) For Mrack Road project, this includes Hansen Lane frontage,
estimated at $108,000 shared by 36 new lots, or $3,000 per lot.
This amount would be credited against Tassajara Area Transportation
Improvement Fee (JPA) .
(b) For Bettencourt Ranch, they developed 469 lots. Their
frontage improvements were appoximately $2,705,000, or $5,768 per
lot. For Shadow Creek, they developed 429 lots. Their frontage
improvements were approximately $1,690,500, or $3,941 per lot.
For the Garrigan/Mrack Road Projects, we are developing 58 lots.
Our frontage improvements are approximately $958,000, or $16,517
per lot.
Frontage improvement costs are based upon estimates prepared by
Bryan & Murphy on September 24, 1991.
RESOLUTION NO. 40 - 1991
RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND
RECOMMENDATIONS ON THE REQUESTED CHANGE BY DUDLEY FROST AND DOUG
OFFENHARTZ (APPLICANTS)AND ROBERT AND JOAN WHITEHEAD, ET AL(OWNERS),FILE
#2938-RZ, AND EXPANDED TO ENCOMPASS THE ADJOINING GARRIGAN PROPERTY IN
THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE
DANVILLE/TASSAJARA AREA OF SAID COUNTY.
WHEREAS,a request by Dudley Frost and Doug Offenhartz(Applicants) and Robert and
Joan Whitehead, et al (Owners) (2938-RZ) to rezone approximately 17 acres and consisting
of nine parcels in the Danville/Tassajara from General Agricultural (A-2) and Single Family
Residential (R-40)to Planned Unit District (P-1) and for preliminary development plan approval
for 43 lots .for the Oak Gate (Mrack Road) project; and for concurrent requests for final
development plan and vesting tentative map approvals (3041-90 and SUB 7621); was
received on December 29, 1990; and
WHEREAS, a request by Parsons, Rourke and Walker (Applicant) and Robert and Alice
Garrigan (Owners) (2929-RZ) to rezone 5 acres in the Danville/Tassajara area located
immediately west of the Frost/Offenhartz project from General Agricultural (A-2) to Planned
Unit District (P-1) and for preliminary development plan approval for 13 lots was received on
November 2, 1990; and
WHEREAS, for purposes of compliance with the California Environmental Quality Act,
the project description of Frost/Offenhartz rezoning/development plan request was redefined'
to include the Garrigan rezoning/preliminary development plan proposal and rezoning to P-1
of other properties in the Mrack Road area; an initial study was prepared by the Community
Development Department which determined that no significant environmental impacts would
result; and
WHEREAS, pursuant to the findings of the initial study, a Negative Declaration of
Environmental Significance was prepared, posted and circulated on August 28, 1991; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled on
Thursday, September 19, 1991 whereat all persons interested therein might appear and be
heard; and
WHEREAS,the San Ramon Valley Regional Planning Commission having fully reviewed,
considered and evaluated all the testimony and evidence submitted in this matter;
NOW, THEREFORE, BE IT RESOLVED that the San Ramon Valley Regional Planning
Commission recommends to the Board of Supervisors of the County of Contra Costa, State
of California, that the rezoning request of Frost and Offenhartz (Applicants) be adopted for
change from General Agricultural (A-2) and Single Family Residential (R-40) to Planned Unit
District (P-1) as indicated on the findings map; Page V-19 of the County's 1978 Zoning Map;
and
• s- .Tic�"'"
Page Two
BE IT FURTHER RESOLVED that the San Ramon Valley Regional Planning Commission
further recommends that the rezoning action for the Oak Gate project, File #2938-RZ, also
encompass the Garrigan property effecting a rezoning of that 5 acre site from General
Agricultural (o-2) to Planned Unit District (P-1) and preliminary development plan approval;
and delete the area encompassing other properties in the Mrack Road area which are not
currently the subject of development applications as indicated on the findings map: Page V-19
of the County's 1978 Zoning Map; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional Planning Commission
recommends that the Preliminary Development Plan for both Oak Gate and Garrigan projects
be subject to the unified conditions of approval attached as Exhibit A; and
BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows:
1. The proposed projects and zoning conform with the General Plan policies for
the Mrack Road area.
2. The projects will constitute a residential environment of sustained desirability
and stability.
3. Properties not currently the subject of development applications should not be
encompassed in this rezoning action insofar as the rezoning may result in
increases in property tax assessments to unsuspecting property owners.
BE IT FURTHER RESOLVED that the San Ramon Valley Regional Planning Commission
also recommends APPROVAL of Final Development Plan File#3041-90 and Vesting Tentative
Map 7621 for the Oak Gate project; and
BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional
Planning Commission shall respectively sign and attest the certified copy of this resolution and
deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the
State of California.
J
Page Three
The instructions by the San Ramon Valley Regional Planning Commission to prepare
this-resolution were given by motion of the San Ramon Valley Regional Planning Commission
on Thursday, September 19, 1991, by the following vote:
AYES: Commissioners - Cardinale, Moore, Cameron, Jones, Kaye,, Naidorf
NOES: Commissioners - None
ABSENT: Commissioners - Auch
ABSTAIN: Commissioners - None
VICTORIA NAIDORF
Chair of the San Ramon Valley Regional
Planning Commission, County of Contra
Costa, State of California
ATTEST:
Secretary of the San Ramon Valley R giona .
Planning Commission, County of Co ra
Costa, State of California
BD/df
2938-RZ.res
t
J
Findings Map
s
1
4
o
Z A•2
:IrIMo CANNO TASSAJARA
• Virzi n
Rezone From Area
t, \4(CTb-Si& NAi P1n'QC„-- Chairman of the Sart Ramon Valley
Regional Planning Commission, Contra Costa County, State of California,
do hereby certify that'this is a true and correct copy of 2-2kU a-L�
• c��• -cam� t cx�;� t 4'78. tots t Tc� M��,_,�
indicating thereon the decision of the San Ramon Valley Regional Planning
Commission in the matter of 17'2057 f
Chairman of the San Ramon Valley Regional
Planning Commission, State of California
ATTEST.
Secretary of the San Ramon Valley egionai
Planning Commission, State WCalifomia