HomeMy WebLinkAboutMINUTES - 12151992 - H.11 THE BOARD OF SUPERVISORS OF CONTRA .COSTA COUNTY, CALIFORNIA
Adopted this Order on December 15, 1992, by the following vote:
AYES: Supervisors Powers , Torlakson and Schroder
NOES: None
ABSENT: Supervisors Fanden and McPeak
ABSTAIN: None
SUBJECT:
In The Matter of the Alamo Springs) RESOLUTION NO. 92/851
General Plan Amendment )
The Board of Supervisors of Contra Costa County RESOLVED,that:
There is filed with this Board and its Clerk a copy of Joint
Resolution No. 67-1992/92-45 adopted by the San Ramon Valley
Regional Planning Commission of Contra Costa County and Planning
Commission of the Town of Danville discussing an amendment to the
County General Plan for the Alamo area.
On December 8 and 15, 1992 , this Board held a hearing on said
amendment as discussed by the Joint Resolution. No. 67-1992/92-45.
Notice of said hearing was duly given in the manner required by
law. The Board at the hearings called for testimony of all persons
interested in this matter and several people testified on this
matter.
The Board hereby finds that the proposed amendment will have a
significant effect on the environment and that an Environmental
Impact' Report has been prepared and processed in compliance with
the California Environmental Quality Act and the County EIR
Guidelines.
The Board members, having fully considered this amendment,
determined to amend the Contra Costa County 'General Plan 1990-2005
from Open Space and Single Family Residential Very Low Density to
Open Space and, Single Family Residential Low Density as recommended
by the San Ramon Valley Regional Planning Commission and Danville
Planning Commission with modifications.
The Board further directs the County Community Development
Department to incorporate this proposed amendment to said plan into
a combined general plan amendment which this Board will consider
for adoption during the 1992 calendar year as one of the permitted
amendments to the mandatory elements of the County General Plan.
BD/DF
alnmo.s g I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Dept: Clerk of the Board Board of suora on th date shown.
cc: Director of Community Development ATTESTED:
County Administrator PHit.BATCHELOR.Clerk oft a Board
Public Works Director gl,Superviand CountyAdministrator
County Counsel c
Town of Danville By ,Deouty
Quinn Company
RESOLUTION NO. 92/851
SE
900
•-"%� Contra
T0: BOARD OF SUPERVISORS of—� Costa
o. ,,;
e e , s.`..
FROM: HARVEY E. BRAGDON ;_ S County
DIRECTOR OF COMMUNITY DEVELOPMENT.
SpA., - -•�P
DATE: December 15, 1992 counc`�
SUBJECT: Continued Hearing on' the Alamo Springs Project (County GPA File #1-90,
Rezoning #2882-RZ, FDP.#3003-90, and Vesting Tentative Map 7452) in the
Alamo/Danville area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
. RECOMMENDATIONS
1. Reaffirm Board's December 8, 1992 certification of the Alamo
Springs Environmental Impact Report as adequate.
2 . Approve the Alamo Springs General Plan Amendment in accord
with the recommendation of the San Ramon Valley Regional
Planning Commission as described in Resolution .No. 67-1992
which was jointly adopted with the Planning Commission of the
Town of Danville, and direct that it be incorporated into one
of the consolidated General Plan Amendments to be. adopted in
1993 .
3. Approve the rezoning of 118 acres from General Agricultural
(A-2) to Planned Unit District (P-1) ; Final Development Plan
3003-90 and Vesting Tentative Map 7462 for a maximum of 58
residential lots and open space as recommended by the San
Ramon Valley Regional Planning Commission in Resolution No.
67-1992 with modifications recommended by staff.
4. Introduce the ordinance giving effect to the rezoning, waive
reading and set date for adoption of same.
5. Adopt the proposed project findings and CEQA findings and
mitigation monitoring program reviewing the project's
compliance with the requirements of the California
Environmental Quality Act and EIR mitigation measures.
6. Direct staff to file a Notice of Determination with the County
Clerk.
CONTINUED ON ATTACHMENT: X YES SIGNATURE ,,,,.9�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT ON OF BOAARRD COMMI EE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 15 , 1992 APPROVED AS RECOMMENDED X OTHER X
See attached addendum A for summary of Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT II , IV 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.
Contact:Bob Drake 646-2091 ATTESTED 12 `15:/92
cc Community Development Department PHIL BATCHELOR, CLERK OF
The Clifford Group THE BOARD OF SUPERVISORS
New West Federal Savings & Loan COUADMINISTRATOR
Town of Danville-Kevin Gailey T
Public Works-Mitch Avalon BY , DEPUTY
BD/df
Page Two
7. Direct staff to report back to the Board of Supervisors on any
discrepancies between the Board's approval of this project and
the Town of Danville action after the Town Council acts on
this project.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On December 8, 1992, the Board of Supervisors conducted a public
hearing on the Alamo Springs project including an Environmental
Impact Report which had been prepared for the project. After
taking testimony, the Board unanimously voted to certify the
adequacy of the EIR and to continue the hearing of the project to
December 15, 1992 for decision.
The purpose of the continued hearing was to give staff an
opportunity to review correspondence from an adjoining resident
(Cheonis) , and . to review several changes to the recommended
conditions of approval proposed by the applicant. The Board kept
the hearing open to allow the public an opportunity to comment on
any modifications recommended by staff resulting from the review of
the above correspondence.
REVIEW OF CHANGES REQUESTED BY THE APPLICANT
The applicant has requested twelve changes to the recommended
conditions 'in a statement dated December 7, 1992 . Generally, these
changes pertain to:
substitution of a new 58-unit site plan for the site plan
that was approved by the two Planning Commissions;
deletion of an annexation advisory note which was
formulated by the two Commissions;
provision for spreading the costs of upgrading the access
road (La Gonda Way) amongst other projects in the
vicinity;
deletion of the water reclamation feasibility study
requirement;
substitution of the standard park dedication fee
requirement; and
elimination of an irrigated landscape buffer along the
ridgeline which had been imposed as a requirement by the
two Commissions to mitigate a perceived fire hazard.
Review of Revised Site Plan
The Planning Commission approval was based on a September 29, 1992
Staff Study and provides for 58-units. The revised site plan dated
November 30, 1992 site plan also provides for 58 units. While the
latter plan is similar to the 59-unit plan that was reviewed by the
Planning Commissions, it provides for several key changes.. The
newest site plan further reduces the number of units to 58. It
provides for greater protection of existing mature oak trees on
site than the earlier site plan proposed by the applicant.
Further, the revised plan provides for each of the proposed lots
would be greater than 20, 000 square feet in area and have a minimum
width of 110 feet. The Staff Study provides for lots with somewhat
smaller minimum lot dimensions. The plan has been engineered so as
to assure balanced on-site grading.
Based on these considerations, staff is recommending that the
revised plan be used as the basis for the project approval.
Page Three
Annexation Advisory Note
Advisory Note "N" was formulated by the two Commissions and
incorporated into the final approval document. The note suggests
(but does not require) that annexation of the entire Alamo Springs
site to Danville as appropriate.
On further review, staff has concluded that retention of this
statement in the project approval could be prejudicial to any
subsequent Board of Supervisors deliberation on an annexation
proposal of this site. Therefore, the note should be deleted.
La Gonda Way Upgrade - Sharing of Costs
The requested change has been incorporated into the conditions of
approval. Further, modified findings are recommended to have the
Board support the establishment of , an Area of Benefit as a
mechanism to pay for this required improvement.
Water Reclamation Study
Consistent with recent Board practice for major residential
projects in the South •County area, staff has recommended the
provision of a requirement to study the feasibility of providing
dual water systems for this project. Staff sees no reason to
modify the recommended condition (C/A #40) .
Park Dedication Fee
Staff presented three alternatives to the Planning Commission
regarding park dedication fee amount for lots to develop in the
unincorporated area. The County park fees at the time the
subdivision application was accepted as complete was $1100 per lot.
The current County park fee is $2000 per lot.
The amount the San Ramon Valley Regional Planning Commission chose
to recommend was $2880 per lot. This amount was deemed appropriate
because it is equivalent to the fee amount which would be paid if
these lots were to develop within the Town of Danville. The
Commission felt that the higher amount was appropriate because the
project residents would likely utilize park facilities within the
Town of Danville. Other County projects on the periphery of
Danville (Shadow Creek, Bettencourt Ranch, Somerset, Black Oak
Estates) have been conditioned to pay the equivalent of the
Danville park fee.
On further reflection, staff has concluded that imposition of a fee
higher than the County ordinance requires would be arbitrary. (It
should be noted that no portion of the unincorporated portion of
this site lies within Danville's Sphere of Influence. ) Therefore,
the staff recommendation has been modified. to provide for the
current County park fee, $2000 per lot.
Ridgeline Landscape Fire Buffer
Condition #43 was added at the direction of the two Commissions.
Even though not requested by the Fire District, the Commissions
felt that the buffer was necessary to protect residences from grass
fires which might ignite along the adjoining freeway and race up
the hill.
The requirement has been modified to allow for waiver of the
landscape buffer should the Fire District determine that it is not
needed in order to assure adequate fire protection for the project.
RESPONSE TO CHEONIS LETTER
Mr. Cheonis has expressed concern about "alternative access" to the
site. The only general access which has been proposed by the
applicant or recommended by the two Commissions is La Gonda Way.
Emergency vehicle (gated) access is proposed from two other
connecting streets: Los Balcones Drive/High Eagle Road and Valley
Page Four
Oaks Drive. Mr. Cheonis resides at the end of Valley Oaks Drive
immediately adjacent to the site.
Staff is recommending modifications to the project findings to
clarify the nature of the access to the project, particularly as
might arise in an emergency.
OTHER CHANGES
The recommended conditions have been modified to clarify the
intended alignment for the trail that will connect with Stone
Valley Road to the north adjacent to the freeway C/A #11) .
Advisory Note "O" has been added to reflect the applicant's offer
to contribute to the Homeless Shelter Improvement Trust Fund.
r
ADDENDUM A
ITEM D. 11, DECEMBER 15, 1992
On December 8, 1992, the Board of Supervisors certified the
Alamo Springs Environmental Impact Report as adequate and
continued to this date the hearing on the recommendation of the
San Ramon Valley Regional Planning Commission on the request of
New West Federal Savings and Loan and American Real Estate Group
(applicant and owner) to amend the General Plan designation for
148 acres of land from Open Space and Single Family Residential
Very Low Density (SV) to Single Family Residential-Low Density
(SL) and Agricultural Lands (GPA 1-90) , a request to rezone 118
acres from General Agricultural District (A-2) to Planned Unit
District (P-1) (2882-RZ) , a request for preliminary and final
development plan approval for a 59-unit single family residential
project with designated open space area (#3003-90) ; and a request
for vesting tentative map approval to divide 148 acres into 59
lots (Subdivision #7452) in the Danville area.
Dennis Barry, Community Development Department, commented on
meeting with the applicant and reviewing the proposed final
development plan and subdivision map that the applicant presented
to the Board last week. He presented the staff recommendation
that the revised plan be used as a basis of the project approval
and he also commented on proposed staff modifications . Mr.. Barry
requested that the Board reaffirm the certification of the Alamo
Springs Environmental Impact Report as adequate, approve the
Alamo Springs General Plan Amendment in accord with the
recommendation of the San Ramon Valley Regional Planning
Commission, .approve the rezoning of the 118 acres from General
Agriculture (A-2) to Planned Unit District (P-1) along with Final
Development Plan 3003-90 and vesting tentative map 7462 for a
maximum of 58 residential lots and open space as recommended by
the San Ramon Valley Regional Planning Commission with the
modifications outlined by staff and in addition, he suggested
that the Board might wish to consider allowing for an additional
lot in exchange for a contribution which the applicant has agreed
to make to the Homeless Shelter Improvement Trust Fund, and if
the Board were to take such action, to direct staff to modify the
conditions of approval and the General Plan Amendment text to
allow for the provisions of an additional or 59th lot on the
property located in the unincorporated area of the project and in
the area which is designed for residential lots on the revised
November 24, 1992, site plan with the redesign of the site plan
to accommodate the additional lot being accomplished in a manner
that does not significantly affect the views of the project as
seen from off site, and to further direct the staff to modify the
project findings to reflect that the basis of the Board action in
allowing for an additional residential lot is in recognition of
the applicant ' s offer to contribute -to the County Homeless
Shelter Improvement Trust Fund.
Mr. Emmett S. Clifford, President, Project Manager, New West
Federal Savings and Loan Association, concurred in the staff
recommendations .
Supervisor Schroder thanked the staff and Mr. Clifford for
their cooperative efforts on this project, and he inquired as to
whether there was objection by any Board member to adding another
lot and accepting a contribution to the homeless fund.
Supervisor Schroder moved to approve the staff
recommendations including the wording relative to the additional
lot .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 as
amended, 3 as amended (Findings and Conditions attached, Exhibit
A) , 4 , 5, 6 and 7 are APPROVED; and Ordinance No. 93-1 is
INTRODUCED, reading waived, and January 12 , 1993 , is set for
adoption of same .
EXHIBIT II
FINDINGS AND CONDITIONS OF APPROVAL FOR ALAMO SPRINGS REZONING
AND PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL (Danville
File #PUD 90-1; County File #2882-RZ and #3003-90) AND VESTING
TENTATIVE MAP (Danville File # SD7453; County File #Subdivision
7452) Per Board of Supervisors December 15, 1.992 Approval
FINDINGS
A. County P-1: Planned Unit Development District Findings
1. The applicant has indicated that they intend to
commence construction within two and one-half years of
the effective date of final project approval.
2 . The approved preliminary development plan is consistent
with the land use policies of the County of Contra
Costa as reflected in the Alamo Springs General Plan
Amendment. The approved plan will preserve the
hillside with high exposure to Interstate 680 in open
space. Residential development will be confined to a
secluded plateau area atop the site so as to maintain
the existing silhouette of Alamo Ridge as viewed from
adjoining valley floors.
3 . The approved preliminary development plan will result
in a residential environment of sustained desirability
and stability, and will be in harmony with the
character of the nearby community. The project
provides ample separation from adjoining residences.
The subject site is not in an "established" area of
Alamo as evidenced in part by several development
applications being concurrently processed involving
adjoining properties.
While permitted lot sizes may be smaller than nearby
parcels, these lots will have comparable utility. Most
nearby parcels largely consist of moderately sloping
terrain. While these parcels are larger, they
frequently lack flat, usable yard area. The lots
resulting from this preliminary development plan will
be largely flat providing more opportunity for usable
yard area.
4 . In accord with the required findings of the Planned
Unit (P-1) District, the County finds that the
development of a harmonious, integrated plan like the
Alamo. Springs project justifies exceptions from the
Exhibit II Page 2 UU
normal application of the code, including variations in
parcel configuration and design to provide better
conformity, with- existing natural terrain features.
5. The Board of Supervisors is supportive of efforts by
the applicant to establish an Area-of-Benefit District
with the Town of Danville such that the costs of
upgrading La Gonda Way as required by this project
approval could b'e spread among other development
projects in an equitable way.
6. General access to the site shall be limited to the La
Gonda Way route. Los Balcones Drive/High Eagle Road
and Valley Oaks Drive access to and from the site shall
be limited to emergency purposes only (e.g. , fire
vehicles; police; resident evacuation; short-term
alternative access to the project where legally
, permitted in the event of blockage of La Gonda Way such
as by landslide failure or collapse of the freeway
overpass) .
In a letter dated August 26, 1991, the San Ramon Valley
Fire Protection District has indicated that the
District possesses legal access for emergency vehicles
along Valley Oaks Drive from Stone Valley Road to the
project site. The road has has been designed to
conform with Fire District standards.
7. In consideration of the applicant's offer to contribute
to the County Homeless Shelter Improvement Trust Fund
(see Advisory Note 'IN") , the Board of Supervisors have
deemed it reasonable to provide for one additional (a
59th) lot than was recommended by the San Ramon Valley
Regional Planning Commission. The redesign of the .
subdivision has been conditioned so that the additional
unit would have to be created within the unincorporated
portion of the site and within the area of the approved
site plan that is presently shown for residential lots.
The added lot Can be accommodated with introducing
possible conflicts with existing general plan policies
or with the environmental analysis of the project.
Exhibit II Page 3
B. Town of Danville P-1: Planned Unit Development District
Findings
1. The proposed project is consistent with the Danville
2005 General Plan.
2 . The uses authorized or proposed in the land use
district are compatible within the district and to uses
authorized in adjacent districts.
3 . Community need has been demonstrated for the use
proposed.
4 . The proposed 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.
5. Project conditions will serve to mitigate potentially
significant environmental impacts identified in the
Environmental Impact Report prepared for this project.
6. The design of the subdivision and the type of
associated improvements will not likely cause serious
public health problems.
7. The site is physically suitable for the proposed
density of development.
8. Although some development is proposed within 100
vertical feet of the centerline of a major ridgeline,
the proposed siting, grading, landscaping and
architecture are such that the development will not
conflict with the purposes of Chapter 50: Scenic
Hillside and Major Ridgeline Development.
Exhibit II Page 4 C�7�Ti9 D ��
CONDITIONS OF APPROVAL
General
1. Development shall be primarily based on the revised site
plan dated November 24 , 1992 submitted by the applicant..
Secondarily, development shall also be consistent with the
following submitted exhibits, only to the extent they are
consistent with the 11/24/92 Revised Site Plan except as
modified by the conditions below. The complete listing of
project-related documents is intended to aid in the
understanding of the evolution of the project from the time
of initial application submittal. The documents listed
immediately below pertain to the original 101-unit
development proposal at the time of application submittal.
• Bissell & Karn, Inc. , Alamo Springs - A Community of
Luxury Estate Homes, January 8, 1990.
• Berlogar Geotechnical Consultants, Geotechnical
Investigation, Alamo Springs, La Gonda Way, Contra
Costa County, California, Job No. 1609 . 100, April 3 ,
1990.
• DKS Associates, Alamo Springs Project Consultants
Traffic Report, April, 1990.
• Patricia Thompson / No Nonsense Horticultural Services,
Alamo Springs Project Oak Impact Study, June 11, 1991.
• Bissell & Karn, Inc. , Partial Plan & Sections - Alamo
Springs Parkway, November 1, 1990.
• Bissell & Karn, Inc. , Proposed Improvements: La Gonda
Way - Plans and Sections, September 1992 .
As modified by subsequent submittals for a 75-unit project
proposal involving the following exhibits:
• The Preliminary and Final Development Plan for Alamo
Springs, dated 8/21/92 .
• The Preliminary .Grading Plan and Limits of Grading
Plan, dated 8/21/92 .
• The Preliminary Landscape Plan and Design Development,
dated 8/21/92 .
• The Vesting Tentative Map for Subdivisions 7452 and
7453 , dated 8/92 .
Exhibit II Page 5
2 . At least 60 days prior to the filing a final map or issuance
of grading permits, a revised site/grading plan and related
documents shall be submitted for the review and approval of
the Contra Costa County Zoning Administrator and the Chief
of Planning of the Town of Danville. The submitted plan
shall provide for:
A. Development shall be in accord with the 11/24/92 Site
Plan except that public trails shall be provided as
generally shown on the September 29, 1992 Staff Study.
Trail design may be modified by the County Zoning
Administrator and Danville Planning Chief based on
comments from the local recreation agency who may
accept the trail or open space dedication at the time
of filing a final map.
The 11/24/92 site plan provides for 58 units. One
additional (59th) lot may be allowed on the property.
The additional lot shall be located in the
unincorporated area of the project and in the area
which is designed for residential lots on the revised
November 24, 1992 site plan. The re-design of the site
plan shall be accomplished in a manner that does not
significantly affect the views of the project as seen
from off-site. The re-design of the site plan to
accommodate the additional lot shall be subject to the
prior review and approval of the Zoning Administrator.
B. Four copies of a Final Hardscape, Landscape and
Irrigation Plan covering the proposed Alamo Springs
Drive entry road plus common area walls, landscaping,
and pedestrian and/or equestrian trails. The proposed
plan shall be prepared by a licensed landscape
architect and shall be certified for compliance with
applicable Contra Costa County and Town of Danville
water conservation ordinances. Use of naturally
indigenous trees and shrubs is encouraged. The
.applicant shall provide a suitable instrument
guaranteeing to Contra Costa County and the Town of
Danville the survival of the approved plantings for a
period of at least 36 months following completion of
planting. The plan shall also locate and describe
through cross-sections proposed public trails whose
rights-of-way shall be no less than 20 feet in width.
The plan shall incorporate EIR recommendations
regarding the use of more appropriate plant materials,
existing and proposed fencing, gateway treatment,
lighting, and other site improvements.
C: Two copies of a Street and Landscape .Lighting Plan.
Ornamental light standards are encouraged. Lighting
shall be limited to low-profile standards (e.g. , 4-15
Exhibit II Page 6
feet in height) . Lighting of areas other than at
important intersections shall be encouraged to be of a '
bollard type or integrated into other- site elements
such as mail box standards. The plan shall be prepared
by a qualified lighting professional. Lighting shall,
mark the access road and residential road sections.
Spacing of light standards need not exceed .an interval
of one standard for every three houses. Lighting shall
be designed to be sufficiently muted so as not to
project significant glare or glow on adjoining
properties including I-680. The plan (or supplemental
narrative) shall indicate how this objective will be
attained.
D. A Grading/Tree Preservation Plan prepared with input
from a licensed arborist.
1) The plan shall identify all trees which have a
trunk circumference of 20 inches or greater and
. located within 40 feet of areas proposed for
grading. Reasonable efforts shall be made to
minimize the loss of or damage to existing trees.
The plans shall identify the trunk circumference,
approximate canopy area, species, and whether the
tree is to be preserved or removed. The plan
shall provide suitable measures to assure
protection of trees during the construction
period.
The survey of trees shall provide for a tally of
the number and trunk circumference of trees to be
removed. The aggregate trunk circumferences of
trees proposed for removal shall be totalled.
2) Prior to filing a Final Map or issuance of a
grading permit, the Applicant shall apply to
Contra Costa County for heritage tree designation
for trees to be preserved on the property pursuant
to Section 816-4 . 404 of the Zoning Code. The
submittal shall include a nomination request for
tree groves in the approved common open space area
and other significant trees; and shall be
accompanied by the Grading/Tree Preservation Plan
and tree replacement program approved by the
Contra Costa County Zoning Administrator. " The
nomination proposal shall provide for a suitable
marking of designated heritage trees. The number
of trees designated for heritage status. may be
increased or diminished from those nominated by
the Applicant.
3) The Grading/Tree Preservation Plan shall provide
Exhibit II Page 7 EKH� D ff
for a tree replacement program and plan. The plan
shall require one replacement oak tree, minimum 15
gallons, for every- 20 inches of aggregate trunk _
circumference of trees removed as determined by
the tree survey tally. Siting of trees shall be
distributed throughout the project based on plans
prepared by a licensed landscape architect. The
plan shall be accompanied by an estimate of the
cost of materials and labor to complete the work.
The approved plan shall be installed prior to
issuance of building permits. The Applicant shall
be responsible for protecting the trees for a
period of at least 36 months after planting.
Ninety days after planting, the landscape
architect shall inspect the plantings and prepare
a report to the Contra Costa County Zoning
Administrator and the Chief of Planning of the
Town of Danville on the condition of the new
trees. Any failing trees shall be immediately
replaced.
4) To avoid unnecessary scarring of hillsides, haul
routes for grading activity shall be generally
limited to those areas of the site which are
proposed to be graded. Hauling of material
through the approved scenic easement shall be
precluded. The Grading/Tree Preservation Plan
shall provide delineation of the perimeter of
areas and trees to be preserved by use of taping
and stakes, or other appropriate barriers. These
barriers shall be installed prior to commencement
of grading activity.
5) To assure protection and/or reasonable replacement
of existing trees to be preserved which are in
proximity to subdivision improvements, the
Applicant shall post a bond (or other surety) for
the required work with the Contra Costa County
Community Development Department and the Town of
Danville. The term of the bond shall extend at
least 24 months beyond the completion of required
subdivision improvements. Prior to posting the
bond, a licensed arborist shall assess the value
of the trees and reasonable compensatory terms in
the event that a tree to be preserved is destroyed
or otherwise damaged by subdivision-related
activity. The tree bonding program shall be
subject to the review and approval of the Contra
Costa County Zoning Administrator and the Chief of
Planning of the Town of Danville.
6) Drainage terraces for cut and fill slopes shall be
Exhibit II Page 8 �G1111(J� Q LI (I
spaced at minimum 30-foot intervals. All slopes
shall be contour-rounded.
7) To reduce long-term erosion and sedimentation
impacts on downstream water quality, grading plans
shall be designed such that no surface run-off
shall be directed onto cut or fill slopes. All
graded slopes shall have either brow ditches or
berms at the crest to control surface run-off.
These drainage structures shall be underlain by
subdrains. Run-off from graded surfaces shall be
intercepted by closed conduits and conveyed to
adequate storm drainage facilities.
8) A construction period erosion control plan shall
be submitted. For further details, see
Construction Period conditions below.
E. The San Ramon Valley Fire Protection District and East
Bay Regional Park District shall be provided an
opportunity to review and comment on the revised final
site; landscape and irrigation plans prior to
submittal.
F. Submittal of two copies of a supplemental Geotechnical
Report (or letter) from the applicant's geological
engineering consultant (based on a review of the
approved and reduced scale project) identifying any
warranted modifications to the project conclusions or
recommendations contained in the 4/3/90 Berlogar
Geotechnical Report. See Geotechnical conditions below
for detail on report scope of work.
G. Two copies of a Maintenance Plan and Schedule for all
slopes, drainage terraces and subdrains prepared by a
registered civil engineer.
H. Two copies of a plan making adequate provision for
funding project road maintenance and establishing a
maintenance cycle/maintenance standard.
I. Three copies of a Fencing Plan Program to address the
design of fencing on private lots and within the open
space area to be maintained by the HOA. The fencing
plan shall provide for the following:
1) To the extent feasible, retention of the split-
rail fencing along the top of bank overlooking
Highway I-680 .
2) Relocation of sections of the above referenced
split-rail fence nearest the development to
Exhibit II Page 9
provide passive recreation areas as shown on the
Staff Study dated September 29, 1992 . Required
relocation of fence sections ,may'he -waived by -the-
County
y -theCounty Zoning Administrator if the area is
accepted for dedication by a public agency and
that agency requests that the fences not be
altered.
3) Restriction on fencing of EVA's and firebreak and
trail maintenance easements; and
4) Design guidelines for residential lot fencing.
The approved program shall be attached to the CC &
Rs.
J. Two copies of Residential Design Guidelines including
guidelines and standards for proposed exterior
materials and colors. The Guidelines shall prohibit
establishment of irrigation systems within the
driplines of existing oak trees to be preserved. See
Building and Architecture Criteria below.
K. In each garage, an electrical outlet shall be installed
and dedicated for future potential use in recharging
electrical vehicles. Prior to filing a final map, the
applicant shall demonstrate how this design will be
accomplished. Pacific, Gas, and Electric Company
and/or the County Building Inspection Department shall
be provided an opportunity to comment on the proposed
arrangement.
Site Development
3. The revised site and grading plans shall provide for balanced grading (i.e., no import
or export of earth fill). The stability of the earth dam at the existing pond shall also
be addressed as part of the revised grading plan and the Geotechnical Report. The
existing pond may be fenced with appropriate open fencing (i.e., other than chain link
or similar material) but shall not be eliminated without the express approval of Contra
Costa County and the Town of Danville. A maintenance plan for the pond shall be
prepared, adopted and implemented by the Home Owners' Association unless the area
of the pond is accepted by a public agency.
4. The limit of development and grading for residential development shall be as shown
on the revised site plan dated 11/24/92.
5. Grading for the 28-foot wide access road shall be permitted in accordance with the
design drawings dated August 21, 1992, except as modified by any EIR mitigation
measures or tree preservation requirements.
Exhibit II Page 10
6. The Valley Oak trees shall be featured elements of the landscape design and shall be
protected from the impacts of development to the maximum possible extent.
7. No tree removal from the site shall be permitted until the Tree Preservation Plan
called for in condition #2 D above is submitted and approved by Contra Costa County
and the Town of Danville. The plan shall include measures to adequately protect
each affected tree during construction and post-construction. Consideration for
removal of any tree scheduled for preservation shall be given only on a case-by-case
basis and upon further documentation from a second qualified arborist, acceptable to
Contra Costa County and the Town of Danville, that a tree is a bona-fide safety risk
due to an advanced state of decline or unavoidable effects of grading.
8. Use of a private gated entrance is expressly prohibited. Gated access for Emergency
Vehicle Access roads shall be permitted.
9. The project shall be designed so that no homes, or appurtenant architectural features,
are within 35 vertical feet of the scenic ridgeline designated in the Town of Danville
General Plan.
10. Lots shall be laid out so that no structures, including residential fences, outbuildings,
residences and appurtenant structures are visible from Interstate 680, or Danville
Boulevard.
11. Applicant shall make an irrevocable offer of a 20 foot wide easement to the EBRPD,
Contra Costa County, Town of Danville or other appropriate agency for a equestrian
trail on the slope adjacent to Highway I-680 and for a pedestrian trail connection
between the project and the adjoining property to the northwest (APN 198-020-018,
Scatena). The trail contemplated across the Scatena property is intended to be
routed to connect directly with Stone Valley Road without passing through the Alamo
Ranch neighborhood. Prior to filing a final map, the precise location and design of
public trail facilities shall be determined by the public agency who accepts the trail
dedication. Should no public agency accept the trail dedication at time of filing the
final map, then the trail location shall be determined jointly by the Danville Planning
Chief and the County Zoning Administrator.
12. No sidewalks along street frontages shall be constructed within the project.
13. The retaining walls along the 28-feet wide segment of Alamo Springs Drive shall be a
masonry type. The height of the retaining wall closest to the Parkway shall be a
maximum of four feet. Minimum five-gallon shrubs ranging from two to three feet in
height and/or minimum 15-gallon trees shall be planted at the base of the wall to
screen the mass of the walls. Ground cover or vines may be planted on the grade
above the wall to help further visually soften the appearance of the wall. The height
of other up-slope retaining walls shall be limited to a maximum of nine feet, unless an
Exhibit II Page 11
alternate method of landscape screening is approved as part of the landscape
drawings.
14. If desired by the East Bay Regional Park District, the area between the EBRPD Trail
and the developed portion of the project site shall be planted with native trees (Min.
15-gal.) and shrubs (min. 5-gal.) to help screen views of the development from the
trail.
15. Illuminated house numbers shall be provided throughout the development.
16. All light fixtures and signage shall be subject to final review and approval by the
Town of Danville and Contra Costa County.
17. Driveway widths shall narrow down to the extent possible as the distance from the
garage increases.
18. Ground mounted solar collectors, satellite dishes and the like shall be adequately
screened from adjacent streets and homes. Where these can not be adequately
screened from view due to surrounding topography, they shall not be permitted.
Lot Development Criteria
19. A maximum total of 59 lots shall be permitted. The minimum lot size shall be at
least 20,000 net square feet; the minimum average lot width shall be at least 110 feet.
20. Minimum yard standards shall be as follows:
Front: 25 feet from property lines
Side: 10 feet; total 25 feet; side yards adjacent to a street shall be 25 feet
Rear: 25 feet.
21. Except as otherwise specified in these conditions of approval, development and use of
residential lots shall be governed by the restrictions of the respective Single Family
Residential, R-15 zoning districts of the Town of Danville and the County of Contra
Costa.
Annexation/De-annexation
22. Prior to recordation of a Final Map or issuance of a grading permit, the Applicant
shall petition the Town of Danville to seek the approval of the Local Agency
Formation Commission to adjust, as necessary, the existing Town of Danville
TOM, n
Exhibit II Page 12
Boundary so that no subdivision lots are split between jurisdictions. The adjusted
boundary shall be based on revised site and grading plans mutually approved by the
County Zoning Administrator and Town Chief of Planning.
Building and Architectural Criteria
23. A maximum building height of two stories or 35 feet measured from average grade
shall be permitted. However, any area projecting above the 30 foot building height
plane shall be uninhabitable (e.g., chimneys, architectural ornaments and towers, but
no attics), and shall not exceed 15% of the building foot print. No major roof lines
shall exceed 30 feet in height measured from average grade.
24. Revised Architectural Design Guidelines shall be submitted to the Town of Danville
and Contra Costa County for review and approval by the Town Chief of Planning and
by the County Zoning Administrator. The guidelines shall specify where various
building styles may be used, eliminate the Mediterranean style with Mission tile
roofs, and generally address other issues raised in the environmental analysis.
Guidelines shall encourage variety and shall require that some garages be oriented
parallel to the street with the plane of their doors perpendicular to or at an angle to
the adjacent street. Roof colors shall be limited to brown or gray hues to better blend
with the existing surroundings.
Other possible design measures that should be considered include the following:
limitations on the placement of auxilliary structures; control of roof slopes for accent
or secondary structures; limit the maximum skirt length to six (6) feet; limit the paint
scheme of fences; avoid long, blank facades and stairway projections; prohibit the use
of crushed rock and exotic vegetation as landscape elements; and define design review
policies for proposed landscape improvements and irrigation requirements. (Mitigation
Measure 6-7).
25. The Architectural Guidelines shall prohibit the establishment of irrigation systems
within the driplines of existing oak trees to be preserved.
Roads, Drainage and Utilities
26. Developer shall comply with the following requirements pertaining to road, drainage
and utility improvements:
A. In accordance with Section 92-2.006 of the County Ordinance Code, the
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically listed in
this conditions approval statement. Conformance with the Ordinance includes
Exhibit II Page 13 DD
the following requirements:
1) County-maintained street lighting is not required.
2) Constructing a paved turnaround at the end of each proposed private
road.
3) Undergrounding of all utility distribution facilities within the
subdivision.
4) Conveying all storm waters entering or originating within the subject
property without diversion and within an adequate storm drainage
facility, to a natural watercourse having definable bed and banks or to
an existing adequate public storm drainage facility which conveys the
storm waters to a natural watercourse.
5) 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 County
Public Works Department. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
6) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all
improvements required by the Ordinance Code or the conditions of
approval for this subdivision. These plans shall include any necessary
traffic signage and striping plans for review by the County Public
Works Department, Road Engineering Division.
7) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. This project shall comply with the provisions of the Alamo Springs Draft
Environmental Impact Report. Conformance with the EIR includes the
following mitigation requirements:
1) Contribute $250.00 per dwelling unit (for lots both within Danville and
within the unincorporated area) to the Town of Danville toward the
installation of a traffic signal at the La Gonda Way/El Cerro Boulevard
intersection (Mitigation Measure 4-2a).
2) Make a "fair share" contribution to the following improvements or
funds:
EIK-NNW A
Exhibit II Page 14
a) Construct a left turn lane from westbound Stone Valley Road to
southbound Danville Boulevard as currently planned by the
Contra Costa County Public Works Department (Mitigation
Measure 4-2b).
b) County Road Improvement Fee Trust (Fund No. 819200-0800)
toward the installation of traffic signals on Stone Valley Road at
the northbound and southbound ramps to I-680 (Mitigation
Measure 4-2d).
These improvements may be eligible for partial credit or reimbursement
against the Alamo Area of Benefit fee. The developer shall contact the
County Public Works Department, Road Engineering Division, to
determine the extent of any credit or reimbursement for which the
Applicant might be eligible. Prior to constructing any public
improvements, or filing of the Final Map, the Applicant shall execute a
credit/reimbursement agreement with the County. No credit or
reimbursement will be made for any improvements installed prior to
execution of the credit/reimbursement agreement.
3) , Contribute $500.00 per dwelling unit (for lots both within Danville and
within the unincorporated area) to the Town of Danville toward the
construction of a separate right turn lane for the eastbound approach on
El Cerro Boulevard to the I-680 Southbound ramps (West El Pintado
Road/El Cerro Boulevard). (Mitigation Measure 4-2c).
4) Widen that portion of La Gonda Way which lies to the north of El
Portal Road to a 30-foot paved width, with a four-foot sidewalk along
the west side of the road, improving the road to the Town of Danville's
public road standards, subject to the review and approval of the Town
of Danville. Construct a paved turnaround at the La Gonda Way
terminus in accordance with Town of Danville public road standards
(Mitigation Measure 4-3).
Should the applicant wish to defray the expense of making required
improvements to La Gonda Way, he may propose to the Town of
Danville and County the establishment of an Area of Benefit District, in
accordance with Section 14-1 of the Danville Town Municipal Code.
Planned or proposed projects other than Alamo Springs which could be
considered within such a district might include the later phases of Hap
McGee Ranch park and the proposed Thiessen project (County File
#2934-RZ and SUB 7635).
C. Dedicate right of way to the State of California if necessary for the ultimate I-
L7l1VUU� '�i� IJ
Exhibit II Page 15
680 improvements as planned by CalTrans.
D. Construct the on-site roadway system to County private road standards. The
on-site roads shall be constructed to a minimum width of 28 feet within a 42
foot access easement.
E.' Construct a four-foot pedestrian path along the west side of Alamo Springs
Drive from the residential section of the subdivision to McGee Ranch Park.
The Applicant may locate the path along the westerly side of the stream. Prior
to filing a final map or issuance of grading permits, a trail improvement plan
shall be submitted. The location and design of any public trail sections shall
be in accord with the plans approved by the public agency who agrees to
accept the dedication.
F. Install any necessary safety related improvements on Alamo Springs Drive,
subject to the review and approval of the County Public Works Department
and the Town of Danville.
G. Provide for two emergency access routes: one to the north connecting to High
Eagle Road, and one to the east connecting both Valley Oaks and El Alamo.
The emergency access route to the east shall meet San Ramon Valley Fire
Protection District standards for a fire apparatus roadway, including standards
for grade, access road surfacing, and road width. The access route to the
north shall be subject to the review and approval of the San Ramon Valley
Fire Protection District.
H. Furnish proof to the County Public Works Department, Engineering Services
Division, that legal access to the property is available from La Gonda Way,
High Eagle Road (EVA) and Valley Oaks Drive(EVA).
1. Obtain an encroachment permit from the Town of Danville for all work to be
performed within Town right of way, and pay all applicable processing fees.
J. An encroachment permit for any construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
K. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
L. Mitigate the impact of the additional storm water run-off from this
development on San Ramon Creek by:
1. Removing 1 cubic yard of channel excavation material from the
MEW A
Exhibit IIPage 16
inadequate portion of San Ramon Creek near Chaney Road for each 50
square feet of new impervious surface area created by the development.
All excavated material shall be disposed.of off-site by the developer at
his cost. The site selection, land rights, and construction staking will
be by the Flood Control District. Or...
2. Upon written request, the Applicant may make a cash payment in lieu
of actual excavation and removal of material from San Ramon Creek.
The cash payment will be calculated at the rate of$0.10 per square foot
of new impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area
ordinance. The Flood Control District will use these funds to work on
San Ramon Creek annually.
M. Submit sketch plans to the Town of Danville and County Public Works
Department prior to starting work on the improvement plans. The sketch
alignment plans shall be to scale and show proposed and future curb lines, lane
striping details and lighting. The sketch alignment plans shall also include
sufficient information to show that adequate sight distance has been provided.
This requirement may be waived by the Town of Danville.
N. Furnish proof to the County 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.
For those required improvements which lie within the Town of Danville,
furnish proof to the Town 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. This may be furnished in
conjunction with the application for an encroachment permit with the Town.
O. Provide for adequate stopping sight distance at all internal intersections based
on a design speed of 25 miles per hour in accordance with Caltrans standards.
P. Submit an acoustical analysis prepared by a qualified expert and based on the
ultimate widening of I-680 and ultimate development of the area, and mitigate
impacts subject to the review and approval of the County Zoning
Administrator and Danville Planning Chief.
Q. Assure permanent reliable access along Alamo Springs Drive. This may
require the repair of any on-site landslides that may impact the access road.
The subdivision improvement plans shall be signed and stamped by a licensed
Exhibit II Page 17
geotechnical engineer.
Because of the close proximity of La Gonda Way to the creek and the erosive
nature of the creek, the improvement plans for the La Gonda Way
improvements shall be signed and stamped by a licensed geotechnical engineer,
subject to the review and approval of the Town of Danville.
R. The required off-site road improvements to La Gonda Way will significantly
alter the existing-rural character of the road. Special design efforts shall be
pursued and implemented to the extent feasible, to retain or re-create as much
of the rural character of this roadway as possible.
Prior to the preparation and submittal of detailed improvement plans for the
widening of La Gonda Way, the developer shall prepare preliminary grading,
drainage and landscaping plans reflecting all necessary work outside the
existing right-of-way for La Gonda Way that would be necessary to retain and
re-create as much of the rural character of this road as possible. These plans
shall be submitted for review and approval by the Danville Design Review
Board (DRB). Upon DRB approval, the plans shall be the basis for formal
negotiation involving the developer, the Town Planning Division staff and
affected property owners in which the developer and Town Planning
Department staff shall diligently pursue the necessary authorizations to install
the proposed improvements outside the La Gonda Way right-of-way. Detailed
road improvement plans and working landscape and irrigation plans shall be
prepared based on the individual authorizations secured from the affected
property owners.
The following measures shall be pursued by the applicant to reduce the
impacts of the required roadway improvements on individual property owners
(includes both work within and outside the existing La Gonda Way right-of-
way).
1) All opportunities to shift the location of the roadway to ensure adequate
areas for re-landscaping shall be explored by the developer.
2) Fences, corrals, mailboxes and other elements currently located within
the right-of-way shall be relocated and replaced as a part of the
required La Gonda Way improvements for this project.
3) Roadway and driveway connections shall be constructed so that run-off
from the increased impervious surface of the improved roadway will
not flow down into adjacent properties.
4) Driveway transitions shall be constructed to avoid steep driveways.
ENE A
Exhibit II Page 18
Areas on private property which would be disrupted by driveway
connections or retaining wall construction shall be re-landscaped.
5) Trees greater than 8 inches in diameter or 20 inches in circumference
and shrubs which would be removed to permit the proposed
improvements shall be replaced. Replacement trees shall be a
minimum 15-gallon size and shall replace trees removed at the 3:1
ratio. Planting shall be ininformal massing compatible with the rural
setting. Shrubs shall be used to achieve desired softening of retaining
walls and screening of residences along the roadway. All plant
materials shall be drought-tolerant and native, where possible. The
type of irrigation equipment, plant materials and planting standards
shall be subject to review and approval by the Town of Danville
Maintenance Department. Landscape design should be subject to the
approval of the Danville Design Review Board.
6) Due to limited right-of-way, opportunities to re-landscape within the
right-of-way will be limited along many sections of La Gonda Way.
Opportunities to revegetate private property along the roadway shall be
explored.
7) Where retaining walls occur on the downslope side of the roadway, a
safety rail or fence at the top to the reatining wall to prevent
pedestrians from falling off the sidewalk shall be constructed.
8) Where possible, retaining walls shall be eliminated by acquiring
permission to grade and revegetate slopes on private property. This
option shall be explored for both downslope and upslope walls.
9) Retaining walls higher than 3 feet, 6 inches whall be avoided, where
possible, by stepping two retaining walls.
10) Retaining walls shall be designed to blend with a rural environment
through the selection of appropriate materials and colors. Railing or
fencing, where necessary, shall also be rural in character, possibly a
split rail or painted rail fence. Retaining wall and railing design
appearance should be subject to design review by the Danville Design
Review Board.
11) Final arbitration of necessary frontage improvements shall be
determined by the Danville Chief of Planning and the County Zoning
Administrator.
UNIF Q
Exhibit II Page 19
Geotechnical Factors and Hazards
27. The geotechnical recommendations contained within the report entitled Geotechnical
Investigation, Alamo Springs, La Gonda Way, Contra Costa County, California
prepared by Berlogar Geotechnical Consultants and Dated April 3, 1990 shall be
followed. Should a subsequent geotechnical study for the project prepared by
Berlogar or other Geotechnical Engineer acceptable to the County Zoning
Administrator and Town Chief of Planning conclude that these recommendations merit
modification, they shall be modified subject to the concurrence of the County Zoning
Administrator and Town Chief of Planning.
At least 60 days prior to filing a Final Map or issuance of a grading permit,
Developer shall submit a supplemental Geotechnical Report (or letter) from the
consulting geotechnical engineer for the review and approval of the Contra Costa
County Zoning Administrator and the Town of Danville Chief of Planning.
The project shall comply with the following requirements:
A. All site preparation and grading shall be performed in accordance with the
recommendations contained in the geotechnical investigation report prepared
by Berlogar Geotechnical Consultants, dated April 3, 1990. A document shall
be recorded to acknowledge and identify the report being used for this project.
B. Prior to issuance of a grading permit, rough grading plans and specifications
shall be reviewed by the project geotechnical engineer for conformance with
the intent of the recommendations contained in the geotechnical investigation
report. The rough grading plans shall be signed and dated by the project
geotechnical engineer. Changes thereafter shall be reviewed and initialed by
the project engineer.-
C. The report shall investigate the possibility of a landslide area located on the
east side of La Gonda Way to evaluate the risk of landsliding and its impact on
the proposed roadway improvements as well as on the stability of the proposed
downslope retaining wall prior to final design stage. The subsurface data shall
be used to design the road improvements and the retaining wall. (Mitigation
Measure 4-3B-1).
28. Prior to issuance of building permits on parcels of this subdivision, Developer shall
submit as-graded reports prepared by the engineering geologist and the geotechnical
engineer to the Contra Costa County and the Town of Danville with an as-graded map
showing final plan and grades. The map shall identify all encountered faults,
aquifers, and stratigraphic (bedrock) units; zones of highly jointed and/or deeply
weathered rock; orientation of bedding and/or other discontinuities, and the location
of any seepage, fill keyways, and subdrainage material with cleanouts, outlets, and
Exhibit II Page 20
pickup points; buttress fills with keyway location, any retaining walls installed,
subdrains and their connections, and other soil improvements installed during grading,
all as surveyed and mapped by a licensed land surveyor or civil engineer.
29. A grading bond is required for the work necessary to carry out the grading plan.
Developer shall provide sufficient information to estimate the cost of required soil
improvements, or a contractor's estimate.
30. A statement to run with deeds to parcels of the property shall be recorded
acknowledging all geotechnical reports by titles, author (firm), and dates, calling
attention to recommendations, and noting that the report is available to prospective
buyers from the owner.
31. All site preparation and grading shall be performed under the observation of a
qualified geotechnical engineer or his representative. Upon completion of the grading
operation, the geotechnical engineer shall submit a final report to the public agency
who issued the grading permit stating that the earth construction work was done in
substantial conformance with approved plans, specifications and the recommendations
contained in the geotechnical investigation report.
Berlogar Geotechnical Consultants shall continue to provide services as the project
geotechnical engineer and engineering geologist, or other geotechnical consultant
mutually acceptable to the County Zoning Administrator, Town Chief of Planning and
the applicant. Further, the geotechnical engineer shall be required to file reports with
the County and Town during the grading operation pursuant to a schedule to be
determined by the County and Town.
32. If it is found during construction that subsurface conditions differ from those
described in the geotechnical investigation report or where such conditions warrant
changes to the recommendations contained in the report, the geotechnical engineer
shall review the changes and prepare an addendum including conclusions and
recommendations for modification. This addendum shall be submitted to the public
agency who issued the grading permit for review and approval. Once approved, the
addendum shall take precedence over the original report regarding the changes or
concerned areas.
33. Where landslides are upslope of the proposed access road (Alamo Springs Drive),
catchment areas or crib walls shall be provided at the toe of these landslides. The
final design of these walls and catchment areas, as well as their landscaping shall be
subject to approval of the Town of Danville Design Review Board.
34. At time of issuance of the grading permit, a report (or letter) from the consulting
geotechnical firm shall be submitted to the Town and/or County for the purpose of
updating the recommendations of the geotechnical report to reflect grading code
FUMY A
Exhibit II Page 21
standards in effect at that time.
35. Proposed contours shall meet existing grades in a gradual manner, generally following
the existing topography. All regrading shall receive native hydroseeding.
36. If toxic or contaminated soil is encountered during any excavation during the La
Gonda Way improvements, all construction activity in that area shall cease until the
appropriate action is determined and implemented. The concentrations and extent of
the contamination shall be determined. Runoff from any contaminated soil shall not
be allowed to enter San Ramon Creek. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations.
Water Supply/Quality
37. Prior to the recordation of a Final Map, the project developer, in cooperation with
EBMUD shall diligently attempt to establish a tie-in to the existing water main near
El Alamo Road and upgrade existing water mains as required to provide a minimum
1500 gallons per minute fire flow in accord with the standards of San Ramon Valley
Fire Protection District. Failure to provide for this level of water volume will require
that new residences shall provide automatic sprinkler systems as may be specified by
the San Ramon Valley Fire Protection District.
38. Proposed landscaping and irrigation systems shall comply with the Landscape Water
Conservation Ordinances of Contra Costa County and the Town of Danville. The
final landscape plan shall be subject to prior review and approval by Contra Costa
County and the Town of Danville. Prior to submittal of landscape plans to the
County and Danville, the East Bay Municipal Utility District shall be provided an
opportunity to comment on the plans.
39. The developer shall install low flow plumbing fixtures in all homes to reduce water
usage.
40. Prior to filing a final map, the applicant shall provide documentation for the review
and approval of the County Zoning Adminstrator of the feasibility of supplying
reclaimed water to the project site for use as landscape irrigation. The investigation
shall include a study of the feasibility of providing a separate on-site distribution
pipeline which could become activated should a reclaimed water supply become
available to the site at some time in the future.The Central Sanitary District, San
Francisco Bay Regional Water Quality Control Board, and East Bay Municipal Utility
District shall be provided an opportunity to comment on the documentation. If
deemed reasonable by the County Zoning Administrator, the Zoning Administrator
may require the provision of a water supply connection and/or distribution to serve
the residences of this project.
Exhibit II Page 22
Fire Protection
41. Prior to the issuance of any building permits, the EVA's as required by condition
26.G. shall be completed as required by San Ramon Valley Fire Protection District.
42. The final map shall designate and establish access ways for emergency and
maintenance use to all open space areas via dedicated easements or separate lettered
lots, located a minimum of every 500 linear feet.
43. A separate landscape plan for the project site shall be submitted to the San Ramon
Valley Fire Protection District for approval prior to the issuance of grading and
building permits. This plan shall show adequate vegetation fuel modification and/or
buffer zones featuring fire resistive and drought tolerant plantings at interfaces with
wildland/open space areas. The plans shall provide for an irrigated ("wet") landscape
buffer in the open space area along the major ridge running parailel to Interstate 680
immediately behind proposed residences. The primary purpose of the ridgeline shall
be to serve as a fire break to protect the proposed residences.
The Fire District shall be asked to specifically comment on the adequacy of the
proposed ridgeline fire break. Should the Fire District indicate that the landscape
buffer is not necessary to provide for reasonable fire protection, then the County
Zoning Administrator and Town of Danville may waive the buffer requirement for
their respective portions of the ridgelme area.
44. The maintenance, in perpetuity, for the zones and emergency/maintenance access
ways shall be assigned to a homeowner's association or other approved agent. These
responsibilities shall be disclosed to property owners by way of deed restrictions
and/or CC&R's. -
45. All roofing materials used at the project site shall be Class A or Class B fire
retardant.
46. Non-combustible yard fencing shall be utilized in all areas of the project site adjoining
open space.
47. Approved spark arrestors shall be required on all chimneys for fireplaces and heating
appliances in which solid or liquid fuel is used.
48. An annual weed abatement/fuel management program conducted by the San Ramon
Valley Fire Protection District shall enforce current District standards via a
homeowners association or other approved agent at the project site.
49. Fire breaks shall be established on the edges of the open space at the project site,
Exhibit II Page 23
extending down the hillside between the ridgecrest and Highway I-680.
Police Protection
50. Prior to issuance of a grading permit or recordation of a final map, one of the
following shall be implemented. Either:
A. The owner of the property shall participate in the provision of funding to
maintain and augment police services by voting to approve a special tax for the
lots created by this subdivision approval which will remain in the
unincorporated area of Contra Costa County. The tax shall be the per lot
annual amount (with appropriate future CPI adjustment) then established at the
time of voting by the Board of Supervisors. The election to provide for the
tax shall be completed prior to the filing of the final map. The property owner
shall be responsible for paying the cost of holding the election, payable at the
time that the election is requested by the owner. (Also, see Advisory Note
"H." at the end of this document.)
OR
B. The applicant shall provide evidence that he has entered into a police services
agreement with the Town of Danville covering service demands for lots to be
sited within the unincorporated area.
Required Fees/Related Improvements
51. At least 60 days prior to filing a Final Map, the Developer shall submit a demand
study for child care facilities generated from the future project residents. The report
shall propose an appropriate response program for the proposed lots lying on
unincorporated property in accord with County Ordinance 88-1 as amended, the Child
.Care Ordinance.
The report shall also identify the applicant's obligation to satisfy the Danville child
care requirements for lots proposed wholly within the Town.
Parks and Recreation
52. A minimum 20-foot wide public trail easement shall be dedicated as shown on the
Staff Study Plan dated September 29, 1992 to EBRPD, Contra Costa County, the
Town of Danville or other appropriate public entity. Access to the open space areas
shall be provided for project residents at all street cul-de-sacs. Recognizing that
Exhibit II Page 24
dedication of open spaces areas may not be accepted by a public entity, the Developer
shall dedicate a scenic easement for the area approved by the Contra Costa County
Zoning Administrator and the Chief of Planning of the Town of Danville. The.
easement instrument shall provide that no grading, other development activity, or
removal of tree may occur in that area without the written approval of the Contra
Costa County Zoning Administrator and the Chief of Planning of the Town of
Danville.
53. Developer shall pay park dedication fees in the amount of $2,880 per lot for lots
which develop within the Town of Danville; the developer shall pay park dedication
fees of $2000 per.lot for lots which develop within the unincorporated area. The fee
for lots in the Town of Danville shall be paid to the Town. For those in Contra
Costa County, the fee shall be paid to the County.
Maintenance and Use of Open Space
54. Except for dedicated trail facilities, private open space areas shall be owned and
maintained by a project Home Owners' Association including fire prevention.
Adequate access points shall be provided for maintenance vehicles to on-site open
space areas as well as the adjoining EBRPD and State lands.
55. Prior to the filing of a Final Map, the Developer shall propose a Geologic Hazards
Abatement District (GHAD) for the subject property for enactment by both the Contra
Costa County Board of Supervisors and the Danville Town Council.
56. Areas designated on the Preliminary Landscape Plan as "Open Space" and on the
Staff study dated September 29, 1992 as "Passive Recreation Area" shall be
maintained in as natural a state as practical, given the requirements of access,
maintenance and fire prevention. The introduction of non-native vegetation in these
areas is expressly discouraged. Improvements shall be limited to emergency and
maintenance vehicle access ways, pedestrian/equestrian trails and appropriately
designed fencing. Improvements for recreational uses shall be designed to adequately
mitigate environmental impacts.
Road Maintenance
57. The Homeowners' Association.shall be responsible for maintenance of all on-site
roads, emergency vehicle access ways, private trails and pedestrian ways. These and
other maintenance responsibilities shall be spelled out in the CC&Rs which shall be
submitted to the Town of Danville and Contra Costa County for review and approval
prior to recordation of the Final Map.
Exhibit II Page 25
58. The Developer shall work with Contra Costa County and the Town of Danville to
establish a Lighting and Landscape District to maintain the emergency vehicle access _
gates for Los Balcones Drive/High Eagle Road and Valley Oaks Drive, and to
provide a street sweeping program. The emergency vehicle access gates shall be
maintained in good order at all times.
Air Quality
59. The project shall include pedestrian paths and sufficient road widths to allow for
bicycles where feasible to encourage transportation modes that do not contribute to air
pollution.
Archaeology
60. In the event that any artifacts or human remains are discovered or cultural soils
encountered during construction of on or off-site improvements, all work shall be
halted in the immediate area of the discovery until a qualified archaeologist has the
opportunity to assess the find and to make any necessary plans for the further
evaluation and/or systematic removal of endangered material as from the areas which
may be impacted by further work.
Covenants. Conditions and Restrictions
61. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to
the Contra Costa County Community Development Department and the Town of
Danville. The document shall provide for maintenance of common open space, roads,
and fire break projections. The document shall reference the approved residential
design guidelines, measures to assure protection of oak trees to be preserved and
slope and drainage improvement maintenance plan, and fencing plan program.
The CC & Rs shall make an adequate provision for funding road maintenance and
establishing a maintenance cycle standard.
Construction Period Requirements
62. A watering program which incorporates the use of a dust suppressant, and which
complies with the Bay Area Air Quality Management District's Regulation 2, shall be
established and implemented for all on and off-site construction activities. Equipment
and manpower for watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as work days. Dust-producing activities shall be
Exhibit II Page 26
discontinued during high wind periods.
63. Stockpiles of debris, soil, sand or other`materials that can be blown by the wind shall
be covered.
64. All mud or dirt carried off the construction site onto adjacent streets shall be swept or
water flushed each day.
65. Noise generating construction activity (including playing of loud radios or music)
shall be limited to the hours of 7:30 AM to 5:00 PM., Monday through Friday, and
shall be prohibited on State and Federal holidays. The restrictions on allowed
working days may be modified on prior written approval of the Contra Costa County
Zoning Administrator and the Chief of Planning of the Town of Danville.
66. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
possible.
67. At least one week prior to commencement of grading, the Applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary and to the
Homeowner Associations of nearby residential projects; and to the owners of property
fronting on La Gonda Way between El Pintado and the project entrance that
construction work will commence. The notice shall include a list of contact persons
with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for noise and litter control, tree
protection, construction traffic and vehicles, erosion control, and 24-hour emergency
number, shall be expressly identified in the notice. The notice shall be re-issued with
each phase of major grading and construction activity.
Copies of the notice shall be concurrently transmitted to the Contra Costa County
Community Development Department and the Chief of Planning of the Town of
Danville. The notice shall be accompanied by a list of the names and addresses of the
parties noticed, and a map identifying the area noticed.
68. The project shall comply with the dust control requirements of the grading ordinances
of Contra Costa County and the Town of Danville including provisions pertaining to
water conservation.
69. An Erosion Control Plan shall be prepared to include the following measures:
A. All grading excavation and filling shall be conducted during the dry season
WNW
Exhibit II Page 27
(May 1st through October 1st) only, and all areas of exposed soils shall be
replanted to minimize erosion and subsequent sedimentation. After October
1st, only erosion control work shall be allowed by the grading permit.
B. A Revegetation Plan for all disturbed slope areas lying outside of private lots
shall be submitted as part of the erosion control plan.
C. Hydroseeding and hydromulching are not considered adequate on 2:1 slopes
that are more than 15 feet in height.
D. The erosion control plan shall show the location of proposed temporary
detention basins, silt fences and straw bales, along with revegetation of all
graded areas. It shall also contain provisions for:
a) performing maintenance during the winter rainy season, as necessary.
regular inspections by the project engineer during the winter rainy
season.
C) spot inspections during/immediately following severe storms.
70. Project-related construction traffic access to the site shall be limited to the 1-680, El
Pintado, La Gonda Way route. Other construction traffic access to the site may be
allowed with prior approval of the County Zoning.Administrator and Town Chief of
Planning. Existing access points from Los Balcones Drive and Valley Oaks Drive
shall be barricaded for the period of construction activity. Prior to completion of
construction activity, construction barriers shall be replaced by emergency vehicle
access barriers.
71. The applicant shall provide for the separation of recyclable construction material, such
as wood waste and inert solids, at the construction site. Provisions for the separation
of recyclables shall be consistentwiththe County Source Reduction and Recycling
Element. Any questions on satisfying this requirement shall be directed to the County
Recycling Specialist at (510) 646-4198.
Street Names
72. At least 30 days prior to filing a final map, proposed street names shall be submitted
for review and approval of the County and Town. Alternate street names shall be
submitted to the County Community Development Department - Graphics Section
(646-2029) and Town of Danville. The Final Map cannot be certified by the
Community Development Department without the approved street names and
assignment of street addresses.
Exhibit II Page 28
Review of Design Detail
73. At least 60 days prior to issuance of a grading permit or filing a final map, the
applicant shall submit the following documents for the review and mutual approval of
the County Zoning Administrator and Town of Danville Chief of Planning.
- site and grading plans.
- open space, trail improvement and dedication plans.
- revised architectural design guidelines.
- street and landscape lighting plan.
- off-site La Gonda Way road improvement plans.
- landscape/irrigation plans.
- emergency vehicle access plans.
- erosion control plan.
- proposed street names.
- other documents requiring County/Town review prior to. issuance of grading
permits or filing a final map.
Any changes required by the two jurisdictions shall be integrated into revised exhibits
and re-submitted to the responsible entities, unless other provision is agreed to.
Phasing of Development
74. Following approval of revised site plans pursuant to Condition # 73 above and
consummation of any required annexation,'a final map may be recorded. Final maps
may be recorded in two phases in accord with jurisdictional boundaries. Prior to
recordation of an initial final map, approval and recordation of a lot line adjustment
may be I necessary. At least 60 days prior to recording a final map, proposed project
improvement plans (roads, drainage, street lights, utilities, etc.) shall be submitted to
the jurisdiction which is not processing the final map for opportunity to comment.
County Indemnification
Exhibit II Page 29
75. Pursuant to Government Code section 66474.9, the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa
County Planning Agency and its agents, officers, and employees from any claim;
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period provided
for in Section 66499.37. The County will promptly notify the subdivider of any such
claim, action, or proceeding and cooperate fully in the defense.
Other Requirements
76. The following condition of approval is incorporated into the approval of this project at
the request of the applicant. The condition follows from negotiations between the
applicant and East Bay Regional Park District (EBRPD) which are allowing the
applicant to secure and easement for water infrastructure improvements for the benefit
of the Alamo Springs project.
A. Prior to or concurrently with the recordation of the final map, the developer
shall grant a permanent non-exclusive 20-foot wide easement to EBRPD from
La Gonda Way over portions of Alamo Springs Drive and "A" Street and over
the emergency access roadway from "A" Street to the easterly subdivision
boundary near the northeasterly corner of Lot 48 (on the revised tentative
map dated 8/92) and along the easterly subdivision boundary from the
emergency access roadway, approximately 83 feet, to the southeasterly corner
of the open space parcel east of Lot 48.
This easement shall be for purposes of ingress and egress of personnel and
equipment, including mechanized equipment, for emergency access to, and for
trail maintenance purposes on the appurtenant real property of EBRPD known
as the Stone Valley segment of the Las Trampas to Mt. Diablo Regional Trail.
Concurrently with the granting of this easement, EBRPD shall quitclaim to the
-developer the existing access easement, EBRPD shall quitclaim to the
developer the existing access easement (10626 O.R. 571) which is replaced by
this new easement.
B. The developer. shall install a horse trough near the existing drinking fountain
near El Alamo Road. In lieu of actual construction, the developer can
reimburse EBRPD for the cost of installing the horse trough.
C. The developer shall relocate existing fence along the boundary of the EBRPD
property and open space parcel east of Lot 48 to coincide with the actual
property line.
Exhibit II Page 30
D. The developer shall provide an equestrian gate per EBRPD standards at the
proposed trail connection east of Lot 48.
Energy Conservation Program
77. At least 30 days prior to filing a final map, the applicant shall submit the following
for the review and approval of the Zoning Administrator:
A. provide for future passive or natural heating or cooling opportunities within the
subdivision and the the design of the residences and swimming pools to the
extent feasible.
B. evidence that he has reviewed the desirability of participating in the PG & E
energy conservation "Incentives for Builders" program. Should he choose not
to participate, the applicant shall indicate in writing the reasons why he is
electing not to participate in the program.
78. Construction plans shall indicate that each garage is equipped with a suitable electrical
outlet that is dedicated for future potential use in recharging electrical vehicles.
Exhibit II Page 31
ADVISORY NOTES
A. The Applicant will be required to comply with-the=requirements-of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
Those lots which lie within the Town of Danville shall not be subject to County Area
of Benefit fees, but will be subject to the Town of Danville's Transportation
Improvement Fee, to be paid to the Town prior to issuance of building permits on the
parcels.
B. Comply with the requirements of the East Bay Municipal Utility District and Central
Sanitary District.
C. Comply with the requirements of the San Ramon Valley Fire Protection District.
D. This project may be subject to the requirement of the Department of Fish & Game. It
is the Applicant's responsibility to notify the Department of Fish & Game, P. O. Box
47, Yountville, California 94599, of any proposed construction within this
development that may affect any fish and wildlife, per Fish & Game Code.
E. Comply with the County Water Conservation Landscaping in New Developments
Ordinance (Ord. #90-59).
F. Comply with the requirements of the San Ramon Valley Unified School District fees
at time of issuance of building permits.
G. This project may also be subject to the requirements of the Army Corps of Engineers.
The Applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
H. The applicant is advised that in the event that he endeavors to satisfy the police
services requirement for the unincorporated area by means of a new police services
district, he should be aware of the following. The tax for the police services district
is currently set by the Board of Supervisors at $200 per parcel annually (with
appropriate future Consumer Price Index [CPI] adjustments). The annual fee is
subject to modification by the Board of Supervisors in the future. The current fee for
holding the election is $$00 and is also subject to modification in the future. The
applicable tax and fee amounts will be those established by the Board at the time of
voting.
I. Comply with all rules, regulations and procedures of the National Pollutant Discharge
Elimination System (NPDES) as promulgated by the California State Water Resources
Control Board, or any of its regional water quality control boards (San Fancisco Bay
•
Exhibit II Page 32
Region 11 or Central Valley-Region V).
J. Comply with the requirements of the County Construction Use of Recycled Water
Ordinance (No. 91-24).
K. Comply With the requirements of the County Transportation Demand Management
(TDM) Ordinance (No. 92-31) prior to filing a final map. At least 30 days prior to
filing a final map, submit two copies of a proposed TDM program to the County.
The applicant should contact the TDM coordinator in the Community Development
Department office at (510) 646-2131 regarding any questions on the program
requirements.
L. Except as otherwise stipulated in the foregoing conditions of approval, this project is
subject to the development fees in effect under County ordinance as of February 16,
1990, the date that the Vesting Tentative Map application was accepted as complete
by the County. These fees are in addition to any other development fees which may
be specified in the conditions of approval.
An estimate of the fee charges for each lot in the unincorporated area may be
obtained by contacting the Building Inspection Department at (510) 646-4992.
M. Should the applicant wish to defray the expense of making required improvements to
La Gonda Way, he may propose to the County and Town of Danville the
establishment of an Area-of-Benefit District. Planned or proposed projects other than
Alamo Springs which could be considered within such a district might include the
(later phases of) Hap MaGee Ranch Park, and the proposed Thiessen project.
N. The applicant has volunteered a contribution of $1.000 per lot involving those lots
which are ultimately created within the unincorporated area for this project to the
County Homeless Shelter Improvement Trust Fund to be paid to the Community
Development Department prior to filing a final map.
BG:Exh.coa
RD
10/14/92
rev. 11-6-92
11-13-92
12-2-92
12-14-92
12-15-92