HomeMy WebLinkAboutMINUTES - 12081992 - 2.3 , , 2 �
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BOARD OF SUPERVISORS i 'F •
Contra
TO,
_* Costa
FRUM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT '•, �'...
s
DATE: December 3 , 1992 9 rOUN
SUBJECT: Black Oak Estates - Ratification of the Modified Conditions of Approval
(File #2884-RZ, FDP 3004-90 and SUB 7462)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Ratify the Conditions of Approval per November 24 , 1992 Board
direction.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 24 , 1992 the Board of Supervisors approved the Black
Oak Estates project for a maximum of 36 lots with modifications to
the Conditions of Approval. Concomitantly, the Board directed
staff to prepare the modifications and bring them back for Board
ratification.
The modifications affect (1) the area of the State Park dedication;
(2) the grading scheme; (3) provision to the Diablo Property Owners
Association and Athenian School for opportunity to comment on
_individual residential development plans; (4) provision for
dedicated electrical outlets for future potential recharge of
-electric vehicles; and (5) study of the feasibility of extending
reclaimed water to the site. These modifications have been
included in the revised Conditions of Approval.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 8 , 1992 APPROVED AS RECOMMENDED X OTHER X
On November 24, 1992 , the Board of Supervisors approved rezoning
application 2884-RZ, Development Plan 3004-90 and Subdivision 7462
with amended conditions and findings and requested staff to return on
this date for Board ratification of the written amended conditions and
findings and the Board introduced the ordinance giving effect to the
aforesaid rezoning and set December 8, 1992 for adoption of same.
Dennis Barry, Community Development Department, presented the
appropriate documentation for Board consideration and pointed out a
typographical error and one potential omission. Mr. Barry advised of
a condition 2 on page four that should read that the initial term of
the final development plan approval shall be for two years from the
effective date of the project, and he advised that condition 23 a
should read the homes shall be designed so as to minimize any
potentially adverse visual effects. Mr. Barry also recommended that
with those two corrections, that the Board ratify the conditions of
approval per the Board direction on November 24, 1992.
1.
Supervisor Schroder moved to ratify the conditions that the Board
directed on November 24, 1992 relative to rezoning application
" 42884-RZ, Final Development Plan 3004-90 and Subdivision 7462 with the
changes as recommended by Mr. Barry and he also moved to deny the
request for reconsideration by Mr. and Mrs. Robert Scharnell.
Supervisor Torlakson advised that he would be voting no on the
item of replacing the lots in another location.
Supervisor McPeak asked whether or not the compliance with the
Child Care Ordinance had been included.
Mr. Barry responded that that could be placed in the advisory
notes at the end of the conditions of approval.
Supervisor Schroder concurred.
IT IS BY THE BOARD ORDERED that the conditions and findings
(Exhibit A and B attached) for rezoning application 2884-RZ,
Development Plan 3004-90 and Subdivision 7462 are APPROVED as amended,
Black Oak Estates, Diablo/Blackhawk area; and Ordinance 92-94, giving
effect to the rezoning, is ADOPTED; and the request for
reconsideration by Mr. and Mrs. Robert Scharnell is DENIED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: I , III , IV NOES: V ACTION TAKEN AND ENTERED ON THE
ABSENT: II ABSTAIN: - MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Robert Drake - 646-2091
Orig: Community Development Department ATTESTED December 8 , 1992
cc: Black Oak Estates, Inc. PHIL BATCHELOR, CLERK OF
Mccutcheon, Brown, Doyle & Enerson THE BOARD OF SUPERVISORS
Community Development Department A COU Y ADMINISTRATOR
Public Works Department
BY ° , DEPUTY
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FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING FILE #2884-RZ FINAL
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DEVELOPMENT PLAN 3004-90 AND VESTING TENTATIVE SUBDIVISION MAP 7462(BLACK
OAK ESTATES) PER NOVEMBER 24, 1992 BOARD OF SUPERVISORS APPROVAL AS
RATIFIED ON DECEMBER 8, 1992
FINDINGS
A. Planned Unit District
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 proposed site plan is consistent with the 1989 Athenian School General
Plan Amendment, which allows as many as 45 units to be approved on the site.
The proposed plan also would minimize grading, preserve the existing creekbed
and many mature, naturally indigenous trees. Moreover, the project would be
required to maintain a large portion of the site in open space including an offer
of dedication to Mt. Diablo State Park.
3. The Black Oak Estates project will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character
of the nearby community.
4. In accord with the required findings of the Planned Unit (P-1) District, the San
Ramon Valley Regional Planning Commission finds that the development of a
harmonious, integrated plan like the Black Oak Estates project, justifies
exceptions from the normal application of the code, including variations in
parcel configuration and design to provide better conformity with existing
natural terrain features.
B. Exception to Creekbank Setback Requirements
1 . There are unusual circumstances and conditions affecting the property which
justify an exception from the setback requirement. The setback requirement
is designed to protect structures from undermining and failure due to erosion
in drainage channels. This project, however, is located on bedrock uplands,
and the banks in question are composed of a highly stable bedrock slope.
Rogers/Pacific, the geotechnical consultants, have indicated that discharge
within the bedrock channel will not significantly alter the channel or the side
slope. The presence of stable bedrock banks instead of more erodible banks is
an unusual condition justifying the exception. Also, the dwellings will be set
back a substantial distance from the creekbed as shown on the vesting
tentative map and final development plan.
2. The exception is necessary for the preservation and enjoyment of the owners'
substantial property rights in developing the property as designated in the
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General Plan. Strict application of the requirement would also prevent
development on areas of the property which are away from the northern knoll
area. This would be inconsistent with the Board of Supervisors' direction, in
approving the Athenian School General Plan Amendment, that the project
should be clustered and that consideration should be given to protecting the
knoll.
3. Granting the exception will not be materially detrimental to the public welfare
or injurious to other property in the territory in which this property is located,
because the exception will not result in erosion or alteration of the channel or
banks. Because the bank is stable bedrock which withstands erosion, the
protection of the setback requirement is not required.
C. General Plan
1 . The design and placement. of lots in the subdivision is consistent with the
General Plan. The project will further, and not obstruct, applicable General Plan
policies. The project furthers the goals of protecting natural qualities,
maximizing public access, maintaining scenic views, using design flexibility for
aesthetic purposes, using planned unit developments, and providing special
protection for natural topographic features. The project will protect the knoll
and other significant natural features on the site and uses the planned
development process to do so.
2. The project is consistent with County policies to promote the individuality and
unique character of each community based on existing community images. Lot
sizes in the project will be similar to many newer lot sizes in the Diablo
community, and lot sizes were enlarged in response to the Diablo community's
request. The lot sizes are similar to the Hidden Oaks development immediately
adjacent to the southeast, the project preserves open space and natural
features, and the project provides transition between the Diablo community and
the state park.
3. The density and location of lots is consistent with the General Plan. The
Athenian School General Plan Amendment adopted in 1989 is the basis for the
property's current General Plan designations, and the Athenian School General
Plan Amendment provided for up to 45 units. In response to community
concerns, the project size was reduced to 36 units. The project provides
special consideration to the northern knoll by avoiding development on that
knoll, as directed by the Board of Supervisors when they approved the Athenian
School General Plan Amendment, and conforms to the General Plan
designations as required by General Plan policy and applicable State law.
REM 13
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D. Exception to Permit Proposed Detention Basin
1 . There are unusual circumstances and conditions affecting the property which
justify an exception to the detention basin requirements set forth in Ordinance
Section 914-12.002. There is not sufficient area to create a detention basin
containing 15 acre feet of storage capacity, nor does the project generate
sufficient increases of storm water to justify such a detention basin. Also, the
private drainage system within the Diablo community is inadequate to convey
the existing drainage from the property and the upstream State Park watershed.
2. The exception is necessary for the preservation and enjoyment of the owners'
substantial property rights. Strict application of the Ordinance detention basin
design standards would require the applicant to develop a detention basin that
would be far in excess of any increase in the storm drainage attributable to the
project. It has been determined that the project generates approximately 0.3
acre feet of additional storm water, which in no way requires a detention basin
sufficient to detain 15-acre feet.
3. Granting the exception will not be materially detrimental to the public welfare
or injurious to other property in the territory where the property is located
because the additional storm water will be detained so that there is no increase
in storm drainage attributable to the project, and the detention basin will be
constructed and maintained by the applicant and/or its successors.
4. As recognized in Ordinance Section 914-12.002 this exception is allowed when
a regional basin is not practical and a smaller detention basin can be
permanently operated and maintained by a public entity in a cost-effective
manner. The Covenants, Conditions and Restrictions described in these
Conditions of Approval obligate a homeowners association to maintain the
detention basin and grant to the County the ability and right to enforce by all
legal means performance of such obligations.
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CONDITIONS OF APPROVAL
General
1 . Development shall be based on the following submitted exhibits except as modified by
the conditions below.
A. Revised Vesting Tentative Map dated May, 1990, as modified by the "Revised
Site Plan 'B' dated November 10, 1992", as further modified dated 12/3/92
providing for dedication of all open space acreage behind the central knoll
(approximately 15 acres) .
B. Preliminary and Final Development Plan/Landscape Plan.
C. Revised Entry Monument Display presented at the'September 5, 1991 Planning
Commission meeting.
D. Proposed Hiking Trail and Off-site Improvements.
E. January, 1990 Study of the Widening and Realignment of Mt. Diablo Scenic
Boulevard.
F. Geological and Geotechnical Services for Tentative Subdivision, Athenian
School Property", Rogers/Pacific, December 31 , 1986.
G. "Supplemental Updating of Geotechnical Investigation", Rogers/Pacific, May
23, 1990.
H. Child Care Impact and Mitigation Program.
I. "Botanical Survey Report", Thomas Reid Associates, April 23, 1990.
J. Staff Study dated October 14, 1991 providing for Offer of Dedication to State
Park. -
K. September 3, 1991 letter from McCutcheon, Doyle containing Draft Design and
Architectural Review Guidelines for inclusion in CC & Rs.
L. Staff Study dated July 12, 1991 providing for Scenic Easement Dedication of
Eastern Knoll on adjoining Athenian School property.
2. A maximum of 36 single family residential lots shall be permitted. Approval of Vesting
Tentative Subdivision 7462 is contingent on final approval of Rezoning #2884-RZ and
Final Development Plan #3004-90 by the Board of Supervisors. The initial term of the
final development plan approval shall be for a period of two years from the effective
date of the project approval.
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3. A phasing program for the development may be submitted for the review and approval
of the Zoning Administrator at the applicant's option.
4. At least 60 days prior to filing a final map, or application for a grading permit, or at
least 60 days prior to commencing subdivision improvements, whichever is earliest the
applicant shall submit a revised site, grading and landscape plan for the review and
approval of the Zoning Administrator. The revised plan shall provide for:
A. Adjustments to the site plan as generally shown in the staff study dated May
23, 1991 including provision of a fire protection strip at least 30 feet in width
next to Mt. Diablo State Park. The area identified for dedication to the State
Park shall be precisely delineated. Proposed grading shall limit haul of fill
material to the site to approximately 30,000 cubic yards.
B. Elimination of the proposed amphitheater on Athenian School site.
C. Provision of a report from a certified arborist detailing measures to be taken to
assure protection of existing mature trees shown on the site plan identified for
preservation. The report shall recommend measures to protect trees during the
construction and post-construction stages of the project. Recommended
measures shall be shown on the grading plan.
D. A final landscape/irrigation plan for the Scenic Boulevard frontage prepared by
a landscape architect providing:
1) Landscape improvements providing for trees and bushes that are
naturally indigenous to the Bay Area;
2) Design of frontage landscaping along Scenic Boulevard shall
demonstrate effective year-round screening of the approved
development within three years of planting;
3) Landscaping shall be designed in accord with the Water Conservation
Ordinance (70-59).
4) Trees shall be a minimum 15-gallon size; shrubs minimum 5-gallon size.
The Zoning Administrator may require larger tree specimens (24"- box,
48"-box) if appropriate.
5) A detailed section of the proposed decorative stone inlaid project entry
walls and retaining walls, and frontage walls.
6) Elimination of the proposed gated access and water element; and
provision of a flowering vine arrangement that will drape over the entry
monument wall to soften its appearance as per the revised plan
submitted at the September 26, 1991 Commission hearing.
7) To assure protection and/or reasonable replacement of trees to be
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preserved which are in proximity to subdivision improvements (on-site
and off-site), applicant shall post a bond (or other surety) for the
required work with the Community Development Department. The term
of the bond shall extend at least 18 months beyond the completion of
required subdivision improvements. An independent licensed arborist
shall be retained by the County to 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
cost of the independent arborist and all related administrative fees shall
be fully borne by the applicant. The tree bonding program shall be
subject to the review and approval of the Zoning Administrator.
E. Final hardscape plan.
F. An interior street lighting plan which demonstrates that an.y proposed lighting
will be designed so as not to project glare on adjoining properties.
G. Provision of a minimum 20 foot wide trail easement as generally shown on the
proposed site plan adjacent to the eastern boundary line, and on the adjoining
parcels to the south. Trail design shall provide for hiking and equestrian trails
designed to keep grading for trails to a minimum; to utilize existing fire roads
and to avoid steep slopes where appropriate. Trail improvement plans must be
separately submitted or included in the site grading plan. Trail improvement
plans shall be extended southward onto the Blackhawk corner parcel to connect
with the existing trail running along the north side of Blackhawk Road. The
applicant shall provide evidence that the East Bay Regional Park District and
California Parks and Recreation Department have had 30 days to review and
comment on the trail design. The applicant shall not be required to construct
off-site trail improvements unless a public agency accepts the dedication at
time of filing a final map.
H. An off-site tree planting program to replace any existing mature trees over 20"
in trunk circumference whose removal is required to accommodate road and
intersection improvement requirements. Trees shall be replaced on a basis of
one tree for every six inches of tree circumference; replacement frees shall be
oak trees with a minimum size of 15-gallons.
I. A sample roof and exterior materials color palette for proposed residential
construction. Exterior materials shall be limited to dull earthen-tone colors
except that the Zoning Administrator may allow other colors following notice
to the Diablo Property Owners Association and San Ramon Valley Regional
Planning Commission.
J. For Lots 1 - 36, typical residential elevations and proposed residential fencing
shall be submitted for the review and approval of the Zoning Administrator.
K. A landscape plan providing for planting on cut slopes of brush seed and/or small
drought-tolerant trees that are adaptive to poor soil conditions, such as
R" IMIUD
California Buckeye.
L. A landscape/fencing plan for any proposed detention basin. The detention
basin shall be enclosed within a wrought-iron style fence. Landscaping shall
have a riparian character. The plan shall satisfy the requirements of the
California Fish and Game Department and have prior acceptance of the Public
Works Department.
M. A fire buffer improvement/maintenance plan shall be submitted for the
designated fire buffer on the staff study. The plan shall consider the following
measures to assure effective fire protection of houses:
1) Designation of areas to be regularly cultivated.
2) Irrigated landscaping using fire resistant species.
3) Segments of project roadway.
4) A combination of such methods
Prior to submittal, the Fire District shall be provided an opportunity to review
and comment on the plan.
N. Interior streets shall provide for posting of signs to prohibit parking on one side.
O. Prior to filing a final map, all approved landscape and trail improvements shall
be completed, or assured of completion, with an appropriate financial
mechanism (e.g., cash deposit, letter of credit or bond).
P. The applicant shall demonstrate the feasibility of complying with the residential
design guidelines listed below, imposed in the approval of this project utilizing
whatever exhibits are necessary (e.g., grading plans, sample lot layout plans,
cross-sections, off-site perspectives). Prior to approval, the Diablo Property
Owners Association and Athenian School shall be mailed copies of the
proposed exhibits and be provided at least 30 days to comment on them.
Failure to demonstrate the feasibility of designing residential structures within
this framework may result in a reduction in the number of lots below the
maximum of 36 lots.
Q. 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 element will be accomplished.
Pacific, Gas, and Electric Company and/or the Building Inspection Department
shall be provided an opportunity to comment on the proposed arrangement.
5. Prior to filing a Final Map, evidence shall be submitted to the Public Works Department
that an urban service boundary reorganization has been consummated. The
reorganization shall provide for annexation of the area approved for development to
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Central Sanitary District.
Geotechnical
6. Improvement, grading, and building plans shall carry out the geotechnical
recommendations of Rogers/Pacific given in reports dated December 31, 1986 and
Supplements dated May 23, 1990 and October 30, 1992. These reports shall be
referenced on the recorded Final Map. In each sale of lots by the applicant or
successors in interest, the applicant shall include in the deposit receipt or in the initial
purchase contract a statement of acknowledgment of the receipt by the buyer of the
approved reports by title, author (firm), and date, calling attention to
recommendations.
7. Prior to issuance of building permits on parcels of this subdivision, submit an as-graded
report of the geotechnical engineer with a map showing final plan and grades for
subsurface drainage, subdrain cleanouts and disposal or pickup points, and any
buttress fill with its keyway location, or retaining wall, or soil improvement installed
during grading, all as surveyed by a licensed land surveyor or civil engineer.
8. At least 60 days prior to issuance of a grading permit, submit a landscape/erosion
control plan by a certified landscape architect using drought-tolerant species. Plan
should include hydroseeding of large graded faces and plant material planted in tacked
Jute netting, Decoweve, or equipment supporting and erosion controlling slope
protection fabric.
9. A grading bond is required for the work necessary to carry out the recommendations
of the preliminary soil report. Provide sufficient map and subsurface information to
estimate the cost of required soil improvements.
10. Prior to final inspection of grading, and before the onset of winter weather (before
October 15), hydroseed and/or plant approved erosion control landscape material in
conformance with the approved landscape erosion control plan.
Oren Space/Park Dedication/Trail Dedication
11 . At least 30 days prior to filing a final map, the applicant shall submit two copies of
revised site plan/grading plan indicating scenic open space areas for the review and
approval of the Zoning Administrator.
All areas shown as scenic open space on the final subdivision map shall be maintained
as open space. Pursuant to Civil Code Section 815, the applicant shall prepare and
convey to the County conservation easements for the scenic open space areas. Such
easements shall be conveyed when project grading and the designation of building
envelopes has been completed, and the County shall record such easements in the
Official Records of Contra Costa County. Such easements shall be consistent with the
designation of final open space as shown on the tentative map. Notwithstanding the
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foregoing, minor adjustments of up to five feet (measured horizontally) in the
boundaries of the scenic open space may be made, and reflected in the conservation
easements, when necessary to reflect the actual installation of improvements
(including deer fencing) by the applicant in. compliance with these conditions of
approval. Until conservation easements for the lots have been recorded, the applicant
shall report periodically to the County (with a copy to the San Ramon Valley Regional
Planning Commission) on satisfaction of this condition. Such reports shall be
submitted at the same time that the applicant submits CEQA mitigation monitoring
reports.
12. Prior to filing a final map, the applicant shall provide evidence that an easement for the
approved hiking/equestrian trail along the eastern property line has been offered for
dedication to the East Bay Regional Park, or other appropriate public agency. The offer
shall include the section of proposed trail located on the adjoining parcel to the south,
Assessor's Parcel No. 203-150-002 (Athenian School). The final map shall identify the
dedicated trail as a public trail.
Prior to filing a final map, the applicant shall also diligently attempt to secure offers of
dedication for minimum 20-foot wide trail easements across Assessor's Parcel No.
203-150-002(Athenian School)and Parcel No. 203-020-016(Blackhawk Corporation).
Offers of Trail dedications shall be in accord with the approved trail improvement plan,
and shall be in the form of a standing and irrevocable offer. The dedication shall be
to the County or other appropriate public agency.
Prior to filing the final map, the applicant shall provide a copy of a notice describing
the public trail dedication for the review and approval of the Zoning Administrator. The
approved notice shall be used by the applicant to notify prospective buyers of lots
within the project.
Prior to filing a final map, the applicant shall diligently attempt to secure the dedication
of a scenic easement on a portion of Assessor's Parcel No. 203-150-002 (Athenian
School). The dedication shall encompass the knoll area as generally shown on the
staff study dated July 12, 1991.
13. Prior to filing a final map, the applicant shall provide evidence that the area approved
for dedication to Mt. Diablo State Park has been offered to the state of California for
park purposes. The dedication shall be in the form of a standing and irrevocable offer.
14. Fencing within the scenic open space area shall be subject to prior review and approval
of the Zoning Administrator, and shall be minimized.
Covenants, Conditions and Restrictions
15. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to
the Community Development Department. The document shall provide for
maintenance of common open space areas and roads, maintenance of the fire buffer
adjacent to the State Park, and restrictions on parking of recreation vehicles. The
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document shall provide that the homeowners association is responsible for
maintenance of the open space land offered for dedication to the State so long as
access to such land is not open to the public and until such time as the State accepts
the offer. The document shall also reference the approved residential design guidelines
and provide for maintenance of all on-site landscape improvements within the
designated scenic open areas (including private lots), and of all trail improvements (on-
site and off-site) for the trail easement adjoining the eastern side of the site between
Blackhawk Road and the State Park. The document shall also provide for maintenance
by the homeowner association of any (1) proposed detention basin and (2) posted
speed limit signs along Mt. Diablo Scenic Boulevard as approved by the Public Works
Department.
In accord with the County Child Care Ordinance, the CC & Rs shall indicate that a child
care facility may be located at any residential unit, or lot, consistent with the existing
laws.
Transportation Demand Management Program
16. 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
proposal shall consist of an ongoing program to notify residents of transit
opportunities in the area, and encourage and facilitate carpooling among residents.
The applicant should contact the TDM coordinator. (646-2131) in the Community
Development Department office for direction on the preparation of a submittal.
Child Care
17. Prior to filing a Final Map, the applicant shall implement a child care response program
approved by the Zoning Administrator.
Residential Design Guidelines
18. Development and use of all lots shall be in accord with the setback standards of the
R-10 zoning district. Roof designs shall be sloping and generally parallel with nearby
hillside slope.
A minimum of six off-street parking spaces per unit are required, three of which shall
be contained in a garage area. All garages shall be equipped with automatic sectional
doors. 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.
19. Roof covering of all residences and accessory structures shall be Class A.
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20. All lots shall be architecturally designed so that the rear elevations of all dwellings shall
be similar to front elevations.
21 . Construction plans submitted for building permits shall be accompanied by a report and
recommendation of a certified arborist to provide protection of any mature trees on the
lot that have been saved pursuant to the tree preservation program. The arborist's
report shall provide suitable protection measures for the construction and post-
construction stages of the project. The report shall address trees wholly on the
subject lot, as well as trees whose dripline straddles adjoining properties.
22. The following guidelines shall apply to the construction and any subsequent renovation
of homes on Lots 1 through 1 1 , and Lots 32-36:
A. If a home includes any two-story elements, then any part of the home facing
a sideyard shall be designed so that there is a one-story element next to and
facing the sideyard, separating the sideyard from the two-story element of the
home.
B. Such homes shall not be required to have a one-story element in front of, or in
back of, any two-story element facing either the front or rearyards.
C. Structure height shall be limited to two stories and 28 feet in height.
23. The following guidelines shall apply to the construction and any subsequent renovation
of Lots 12-21 :
A. The home shall be designed so as to minimize any potentially adverse visual
effects as viewed from the Athenian School property and Mt. Diablo Scenic
Boulevard.
B. The home shall be designed so that there is a one-story element in front of any
two-story element which otherwise would face a sideyard or the rearyard.
C. Notwithstanding the foregoing restriction, the design of the home as it faces
the rearyard may include a deck, or means of access to deck, and'may include
dormers, windows, doors, or ventilation structures as may be required to meet
local building codes. Any such decks or access, dormer windows, doors,
ventilation requirements, or other such improvements shall not break the first-
story roofline so as to create a two-story element, without a one-story element
preceding the two-story element.
D. Structure height shall be limited to two stories and 28 feet in height.
24. Homes on Lots 22-31 shall be limited to one story and 18 feet in height.
25. Design of each residential development shall be subject to prior review and approval
of the Zoning Administrator. The purpose of the review will be to provide reasonable
protection of existing views of the property as seen from Mt. Diablo Scenic Boulevard
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and the Athenian School property. Prior to submittal of construction detail plans, the
applicant shall submit four copies of scaled development plans (site,
landscape/irrigation, and floor plans, and building and fence elevations).
Prior to issuance of any residential building permits, the Diablo Property Owners
Association and owner of the Athenian School property shall be provided an
opportunity to comment on the proposed residential design of each dwelling. At least
30 days prior to issuance of a building permit, a copy of the development plans shall
be mailed to the Association and Athenian School.
26. To further enhance visual attractiveness of the subdivision, and to work with and take
advantage of the natural contouring between lots, grading shall be minimized to the
extent practical and consistent with the development plan. It is also permitted and
recommended, but not required, that residences be designed in such a way that split
level pads be graded on downsloping lots to minimize excess grading and visual
impacts.
27. The applicant shall provide to the purchasers of lots copies of the East Bay Municipal
Utilities District's species list for drought-resistant landscaping. To the maximum
extent practical and consistent with the development plan, the applicant shall use plant
species indicated on this list for any landscaping or relandscaping of open space areas.
28. The foregoing guidelines shall be referenced in the CC & Rs and shall be enforced to
the extent required by the County's conditions of approval for this project as such
conditions may be amended from time to time. When considering any applications or
construction plans, the architectural committee shall verify the status of these
guidelines and, to the extent the guidelines remain in effect as conditions of approval,
approve applications or plans only consistent with the guidelines.
Construction Noise. Dust and Litter
29. Noise generating construction activities and playing of loud radios and/or music by
construction crews shall be limited to the hours of 7:30 a.m. to 5:00 p.m., Monday
through Friday, and shall be prohibited on State and Federal holidays. The restrictions
on allowed working days may be modified on prior written approval of the Zoning
Administrator. This restriction shall be incorporated into the contract of any general
contractor and subcontractor working on the site or making deliveries to the site.
30. At least one week prior to commencement of grading, the applicant shall prepare a
notice that construction work will commence; post it on the project site; and mail it
to the owners of the property within 300 feet of the exterior boundary of the project
site, to owners of property fronting on Mt. Diablo Scenic Boulevard, and to the Diablo
Property Owners 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
MM r1 FC-D P'?
LIZ 1_ L✓J li A
13
initiate corrective action in their area of responsibility. The names of individuals
responsible for noise, dust, and litter control, construction traffic control, and work on
Scenic Boulevard shall be expressly identified in the notice. The notice shall be re-
issued with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the Community Development
Department. The notice shall be accompanied by a list of the names and addresses
of the property owners noticed, and a map identifying the area noticed.
31 . 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.
32. 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.
33. At least 30 days prior to issuance of a grading permit, the applicant shall prepare a
construction-stage traffic and detour study for construction work along Mt. Diablo
Scenic Boulevard for the review and approval of the Zoning Administrator.
Construction work shall be phased and timed to avoid peak traffic hours and
weekends. The work shall be performed in such a manner that a minimum of one 10-
foot lane will be available at all times and flagmen will be used to control traffic.
Parking of construction-related vehicles along the shoulder of Mt. Diablo Scenic
Boulevard shall be minimized; over-night parking shall be prohibited.
Special Infrastructure Fees
34. The applicant shall contribute $2,880 per lot in park land dedication fees. The
applicant may receive credit against this requirement in accord with Chapter 920-8 of
the Subdivision Code if the proposed dedication of parkland is accepted by the State
prior to issuance of building permits. Credit for (non-frontage) trail improvements shall
be limited to a maximum of $880 per lot. No credit shall be allowed for on-site trail
dedication.
35. The applicant shall be required to pay a Benefit Assessment District fee of $2,229 per
unit to Contra Costa County as a fair share of area-wide road improvements.
14
Road, Drainage and Utility Requirements
36. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision Ordinance
(Title 9). Any exceptions therefrom must be specifically listed in this
conditional approval statement. Conformance with the Ordinance includes the
following requirements:
1) Undergrounding of all on-site utility distribution facilities.
2) Conveying all storm waters entering or originating within the subject
property, without diversion and within an adequate storm drainage
facility, to a natural watercourse having definable bed and banks or to
an existing adequate storm drainage facility which conveys the storm
waters to a natural watercourse. The nearest natural watercourse is
located at the outfall of the cross culvert under Mount Diablo Scenic
Boulevard at the Wolfe property. The headwall for the Mount Diablo
Scenic Boulevard transverse drainage shall be improved with rock and
other natural looking materials to provide a stable facility.
3) 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.
4) The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches. However, an exception will be permitted by the
Public Works Department, Road Engineering Division, provided that the
adequacy of the roadside ditch is verified and that it does not pose a
safety hazard.
5) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
6) Relinquishing "development rights" over that portion of the site that is
within the structure setback area of the creek along the southern
boundary of the property, the creek adjacent to Lots 36 and 37, and the
creek adjacent to Lots 31 , 32 and 33 along the easterly side of the
property. The structure setback area shall be determined by using the
criteria outlined in Chapter 914-14, "Rights of Way and Setbacks," of
the Subdivision Ordinance.
The applicant shall be allowed an exception to this requirement based
on the applicant's October 30, 1991 , "Alternate Site Plan R-20 - R-
15
40/PUD Development" plan as substantiated by the applicant's soil and
geotechnical reports. The creek structure setback line shall be located:
up to the "deer fence" through Lots 10 through 21 ; up to the 5-foot
masonry wall proposed through Lots 36 and 37; and, up to the "deer
fence" and wall through portions of Lots 31 through 33.
The structure setback line shall be shown accurately on the Final Map.
7) 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 Traffic
Engineer.
8) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
9) An exception is permitted from Ordinance Code Section 914-12.002,
"Detention Basins - Where Permitted," to permit a detention basin less
than 15 acre feet in volume and which will not be permanently operated
and maintained by a public entity in a cost-effective manner without the
approval of the Public Works Department.
B. 1) Improve and/or construct the portion of Mount Diablo Scenic Boulevard
from Diablo Road to the Project's entrance as a 22-foot road with a 2-
foot rock shoulder or with asphalt concrete berms, with adequate
longitudinal and transverse drainage to allow for an 8-foot meandering
asphalt concrete path on the easterly side of the road within a road
easement which encompasses the 22-foot widened roadway and
approximately a 17-foot parkway area for the path and roadside ditch.
The applicant's required road dedication, under this Conditions of
Approval, will not require acquisition of any road easement along the
westerly side of the road, owned by property owners along that side,
which is presently encumbered by a Mount Diablo Scenic Boulevard road
easement. An asphalt berm shall not be located on the westerly side of
the road. The westerly edge of the meandering path shall be between
3-feet and 9-feet from the easterly edge of roadway. The path shall
extend from the Diablo Road-Mount Diablo Scenic Boulevard-Blackhawk
Road intersection to the project entrance. The pavement widening shall
generally be constructed along the easterly side of the existing roadway
except where the roadway is severely constrained by structures. The
road easement may be narrowed in a manner acceptable to the Zoning
Administrator where structures would restrict the private road easement
width in the vicinity of the Athenian School property. The private road
easement width may also be narrowed to realign the path, subject to the
review of the Public Works Department, Road Engineering Division, and
the review and approval of the Zoning Administrator, if the applicant
VERN a
16
substantiates that he is unable to obtain the required property rights
based on at least a full market offer for the property based on an
appraisal by a certified appraiser. Any additional private road easements
acquired for the path or road work shall provide rights consistent with
the existing road easement Adequate pavement transitions shall be
provided where necessary. Adequate transitions north of the project
entrance shall include additional pavement widening to transition to the
existing roadway including pavement striping and buttons. The road
easement and the right of way alignment shall be in accordance with
County public arterial road standards for vertical and horizontal
alignment based on a design speed of 35 miles per hour. The standards
for horizontal and vertical alignment may be modified subject to
adequate stopping sight distance in accordance with CalTrans standards
subject to the review of the Public Works Department and the review
and approval of the Zoning Administrator.
Road construction plans shall identify the location of:
a) The State easement; and,
b) The location, trunk circumference and species of any tree
designated as heritage by the County whose dripline extends
over a portion of the State Easement. The heritage status of
these trees shall be clearly identified on the road improvement
plans.
2) The applicant shall make a good faith effort to negotiate with other
property owners using Mount Diablo Scenic Boulevard for access to
their homes, and with the State of California, to form an assessment
district for construction and maintenance of road improvements. The
State and property owners along Mount Diablo Scenic Boulevard shall
be provided 30-days to respond after being properly notified. The State
of California could either participate in the district or contribute to the
improvements through some form of binding agreement. The applicant
shall periodically report to the County and to the San Ramon Valley
Regional Planning Commission on the status of these negotiations.
Satisfaction of the applicant's obligation to complete the good faith
effort shall be determined by the Zoning Administrator.
C. The roadway and the road easement for the portion of Mount Diablo Scenic
Boulevard south of the project's Mt. Diablo Scenic Boulevard entrance shall
provide for a 25 miles per_hour posted speed limit and a 35 miles per hour
design speed. The road easement along Mount Diablo Scenic Boulevard shall
include necessary construction easements and the right to maintain the
roadway and path. The applicant shall be responsible for installation of the 25
miles per hour posted speed limit signs. The homeowners association for this
development shall be responsible for maintenance of the 25 miles per hour
posted speed limit signs.
17
D. Provide for adequate sight distance at the Mount Diablo Scenic Boulevard
entrance to this property in accordance with CALTRANS standards.
E. Relinquish abutter's rights of access along Mount Diablo Scenic Boulevard, with
the exception of the private access road.
F. Verify that the existing pavement on Mount Diablo Scenic Boulevard is
adequate to bear additional traffic loads generated by this subdivision, or
reconstruct that portion of Mount Diablo Scenic Boulevard between the
subdivision access road and Diablo Road as necessary to bear the projected
future traffic load. The pavement evaluation study shall be subject to the
review of the Public Works Department and the review and approval of the
Zoning Administrator.
Prior to beginning construction of Mount Diablo Scenic Boulevard improvements
and repaving, the applicant shall retain an arborist to determine the best means
of avoiding or minimizing damage to any existing designated heritage trees
along Mount Diablo Scenic Boulevard. The final road alignment shall optimize
preservation of trees along Mount Diablo Scenic Boulevard subject to the
review of the Public Works Department and the review and approval of the
Zoning Administrator.
1 ) The applicant shall provide copies of any report submitted by the
arborist to any homeowners with designated heritage trees upon their
property which are studied in the report and to the Public Works and
Community Development Departments. The applicant shall designate
an arborist to perform the report. The report shall be subject to the
review of the Zoning Administrator.
2) During construction of road improvements, the arborist shall make
periodic on-site inspections to be sure that the roots of existing
designated heritage trees fronting Mount Diablo Scenic Boulevard are
protected in accordance with the arborist's recommendations.
G. Install safety related improvements at the Blackhawk Road-Dia blo'Road-Mount
Diablo Scenic Boulevard intersection, including traffic signs, channelization and
reconfiguration of that intersection subject to review by the Public Works
Department and review and approval of the Zoning Administrator.
Improvements shall be designed so as not to damage the existing stone
monuments at this intersection.
H. An encroachment permit for construction within the State right of way may be
needed.
I. Prevent storm drainage, conveyed in a concentrated manner, from draining
across the path and driveways along Mount Diablo Scenic Boulevard. The
drainage shall be reviewed as a part of the improvement plan review by the
Public Works Department.
� 0,R�
- 18
J. Submit a preliminary sketch plan and profile to the Public Works Department,
Road Engineering Division, showing the vertical and horizontal alignment of
Mount Diablo Scenic Bourevard to determine the feasibility of salvaging the
existing pavement. If the grade is unacceptable, the applicant shall level,
overlay or remove and replace the pavement, as necessary.
The sketch plan shall also show 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 edges of pavement, lane striping details and
lighting. The sketch alignment plan shall also include adequate information to
show that adequate sight distance has been provided.
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. Furnish legal proof to the satisfaction of the County Counsel as well as Public
Works Department, Engineering Services Division, that legal access to the
property is available from Diablo Road. Said proof shall not consist of opinion
letters from experts retained by the applicant.
Prior to filing a final map, the applicant shall submit evidence that owners of all
properties fronting on Mt. Diablo Scenic Boulevard have been mailed notices.
The purpose of the notice shall be to provide an opportunity to potentially
interested parties to submit documentation which pertains to the project's right
to use and make improvements to Mt. Diablo Scenic Boulevard as required by
this approval. The notice shall invite the public to provide any evidence
pertaining to the project's legal access rights (or lack thereof) to use Mt. Diablo
Scenic Boulevard for submission to the Public Works Department within a
minimum 30-day period. The Public Works Department shall review the
responses and forward copies to County Counsel for review.
M. Install safety related improvements on Mount Diablo Scenic Boulevard (including
traffic signs and striping) as approved by the Public Works Department.
N. At time of submission of drainage improvement plans, provide evidence that
owners of property directly affected by the proposed drainage improvements
have been mailed notice 10-days in advance of the submission to the County
that the plans are available for inspection at the Public Works Department and
that all affected property owners have 20 days to lodge any objections to said
plans.
0. Mitigate the impact of additional storm water run-off from this development by .
performing the following work:
1) Mitigate the impact of the additonal storm water run-off from this
development on Green Valley Creek by:
iiia n
19
a) Removing 1 cubic yard of channel excavation material form the
inadequate portion of Green Valley Creek 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.
Upon written request, the applicant may make a cash payment
in lieu of actual excavation and removal of material from Green
Valley Creek. The cash payment will be calculated at the rate of
$0.10 per square foot of new impervious surface area created by
the developement. The added impervious surface area created
by this 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 Green Valley Creek
annually.
P. Mitigate the impact of the additional storm water run-off from this development
on San Ramon Creek by removing 1 cubic yard of channel excavation material
from the inadequate portion of San Ramon Creek near Chaney Road for each
50 square feet of new impervious surface area created by the development.
All excavated material shall be disposed of off-site by the developer at his cost.
The site selection, land rights, and construction staking will be by the Flood
Control District.
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.
Q. Construct drainage improvements downstream as outlined in either 1 or 2
below:
1) Improve the drainage facility through the Scharnell property by replacing
approximately 200 feet of the existing 24-inch pipe with an adequate
sized pipe. Obtain right of entry for the Scharnell property to replace
the 24" pipe.
Direct all storm waters to the west side of Mt. Diablo Scenic Boulevard
and replace the existing 36 inch CMP cross culvert on Mt. Diablo Scenic
Boulevard with an adequately sized pipe. Obtain a right of entry for the
Wolfe property to replace the 36 inch CMP. All drainage improvements
on the Scharnell or Wolfe properties shall be sensitive to the mature oak
trees (including County-designated heritage trees) on-site as much as is
reasonably possible.
20
OR, if the applicant is unable to obtain legal access to the Scharnell property
to install the above improvements:
2) Install a detention basin on-site to fully mitigate the project's peak-hour
drainage impact on the downstream drainage system between the
project site and Green Valley Creek. The basin shall be privately
maintained by the Homeowners'Association. The maintenance program
and the funding program to be established to fund the maintenance shall
be subject to the review and approval of the Public Works Department.
Replace the existing 36-inch CMP cross culvert under Mt. Diablo Scenic
Boulevard with an adequately sized pipe. The pipe shall be partially
blocked to meter the flow to match the flow of the existing pipe by
inserting a portion of the 36-inch CMP into the new pipe.
Execute a recordable agreement which states that the developer and the
owner and the future owners of the property will hold harmless Contra
Costa County, its officers, agents and employees from any and all
claims, costs and liability, including reasonable attorney's fees, for any
property damage, injury, or death including without limitation all
consequential damages from any cause whatsoever, to persons or
property arising directly or indirectly from insufficient or improper
maintenance of the detention basin, or from flooding downstream from
the subject property. This agreement shall be a recorded deed
restriction on the new lots.
R. Mitigate the impact of the additional stormwater run-off from this development
on the downstream drainage facilities by performing the following work. The
work shall include the following listed projects in that listed priority . The
extent of the work shall be limited to a total obligation of $0.40 per square foot
of impervious surface created by this subdivision. The projects shall be
contingent upon the underlying fee property owner: allowing adequate access
to the site; providing a private drainage easement over the.construction site;
taking responsibility for the replacement of landscaping and agreeing to
continue their present maintenance responsibilities; and, obtaining a County
1010 Drainage Permit for the work. Hard surfaces such as patios, driveways
and concrete paths shall be replaced as a part of the project. Plan review fees
shall be considered a part of the project. Engineering fees would not be
considered a part of the project. Engineering fees would not be considered to
be a part of the project. If a project is not acceptable to the underlying fee
property owner,then the applicant would not be liable to construct that project.
If one or more. of the projects are unacceptable to the underlying fee property
owners, and if the applicant's total drainage obligation has not been expended,
then the applicant shall contribute the remaining portion of his $0.40 per square
foot of additional imprevious surface drainage obligation to the Drainage
Deficiency Fee Trust Fund number 812100-0800 designated for improvements
to the downstream drainage facility along Dan Cook Creek. The costs of the
installation of the pipe on the Scharnell property as outlined in Condition
21
36.Q.1 ., or the construction of the detention basin as outlined in Conditiion
36.0.2., and the downstream mitigation listed below, may be credited against
the applicant's obligation to pay $0.40 per square foot of additional impervious
surface except as noted above. The cost of the improvements shall be based
on the cost estimates subject to the review and approval of the Public Works
Department, Road Engineering Division.
The drainage mitigation work shall be for capacity enhancement and erosion
control. The Zoning Administrator shall make the final determination for
location and extent of the off-site drainage improvements.
1 . Improve the drainage facility across the Golf Course from the south side
of the Diablo Country Club Golf Course to 1717 Calle Arroyo by
installing approximately 250-feet of parallel 72" pipe. Portions of the
existing storm drain pipe are deteriorating and causing settlement in the
golf course.
2. Replace the drainage facility located Between Club House Road and a
point approximately 280-feet downstream of the Club House Road
entrance to the Country Club with an adequate sized pipe.
S. Convey to the County, by Offer of Dedication, additional right of way within
the applicant's fee title interest along the Mount Diablo Scenic Boulevard
frontage of this property as required for the planned future width of 28-feet as
measured from the centerline of the roadway widened to approximately a 22-
foot width along an alignment subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of the
Zoning Administrator.
T. The applicant shall contribute a sum to the State of California for modification
of the vertical curve on Mount Diablo Scenic Boulevard near the northerly line
of this property. The contribution shall be placed in Public Works Trust Fund
819200-0800 and the State of California shall be adequately notified of the
availability of the contribution and prerequisites to use of those funds. Accrued
interest will remain in this account. This contribution shall be held for up to 24
months. If the State of California does not accept the money within the 24
month period the contribution shall revert back to the developer. The amount
shall be based on a cost estimate prepared by the applicant's engineer subject
to the review of the Public Works Department and review and approval of the
Zoning Administrator. The contribution shall be placed in the Trust Fund prior
to the filing of the final map. A prerequisite to the State's use of the
contribution is construction of the vertical curve improvements.
U. The applicant shall execute a road maintenance agreement which requires the
owner(s) of the property to share in the cost of maintenance of off-site road
improvements along Mount Diablo Scenic Boulevard and on-site road
improvements along the frontage of their subdivision. The maintenance
agreement shall provide for on-site and off-site portions of the asphalt concrete
22
path.
V. Prior to issuance of building permits, file the Final Map for Subdivision 7462.
W. Undergrounding of all utility distribution facilities along the Mount Diablo Scenic
Boulevard frontage of this property.
X. A homeowners association shall be established to provide for perpetual
maintenance of the detention basin. The homeowners association shall be
responsible for:
1) Monitoring of the detention basin facilities to assure that:
a) The potential for obstructions to clog the outlet and metering
facilities is minimized.
b) The capacity is maintained by periodic dredging and disposal of
dredged material.
C) The detention basin facilities are maintained in an adequate and
operable state at all times.
2) Landscaping and vegetation is maintained in a manner to adequately
maintain the capacity of the detention basin in a manner which will
minimize the potential for clogging or blocking of facilities.
3) Submittal of a basin maintenance monitoring program to the Public
Works Department and Zoning Administrator at a minimum of 5-year
intervals.
Y. Provide a professional lake management plan subject to the review of the Public
Works Department, Road Engineering Division, and the review and approval of
the Zoning Administrator, if the detention basin will retain any water
continuously for a period of more than one month per year. The lake
management plan shall provide recommendations for construction of the
detention basin, grading, landscaping and maintenance (including, water
treatment for various organisms, algae and plant life which may be anticipated)
in a manner to maintain a reasonable level of water quality for the proposed
use. Implement the mitigation measures of the lake management plan subject
to the review and approval of the Zoning Administrator.
Z. Provide a detention basin safety study to determine adequate mitigation
measures to minimize safety hazards in the vicinity of this facility. The
detention basin safety study shall be subject to the review of the Public Works
Department, Road Engineering Division, and subject to the review and approval
of the Zoning Administrator. Implement mitigation measures subject to the
review and approval of the Zoning Administrator.
� �17 AA
f
23
Police Services District
37. 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 parcels created by
this subdivision approval. The tax shall be the per parcel annual amount (with
appropriate future Consumer Price Index 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.
Energy Conservation Program
38. 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.
County Indemnification
39. 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.
Study of Reclaimed Water Usage
40. Prior to filing a final map, the applicant shall provide documentation for the review and
approval of the Zoning Adminstrator of the feasibility of supplying reclaimed water to
the project site for use as landscape irrigation. The East'Bay Municipal Utility District
shall be provided an opportunity to comment on the documentation. If deemed
reasonable by the Zoning Administrator, the Zoning Administrator may require the
provision of a water supply connection and distribution to serve the residences of this
project.
24
ADVISORY NOTES
A. This project may be subject to the requirements of the Department of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box
47,Yountville, California 94599,of any proposed construction within this development
that may affect any fish and wildlife resources, per the Fish & Game Code.
,B. This project may also be subject to the requirements of the Army Corps of Engineers.
The applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
C. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the South County Area of Benefit as adopted
by the Board of Supervisors.
D. Certain improvements required by the Conditions of Approval for this development or
the County Subdivision Ordinance Code may be eligible for credit or reimbursement
against said fee. The developer should contact the Public Works Department to
personally determine the extent of any credit or reimbursement for which he might be
eligible.
E. Comply with the requirements of the San Ramon Valley Fire Protection District.
F. The applicant shall be required to 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 qulity
control boards (San Francisco Bay Region II or Central Valley-Region V).
G. Comply with the development fee payment requirements of the San Ramon Valley
Unified School District at time of issuance of building permits.
H. Comply with the requirements of the Construction Use of Recycled Water Ordinance
(No. 91-24).
I. 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 October 16,
1990, the date that the Vesting Tentative Map 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.
25
• 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.
J. The applicant is advised that 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 (CPII adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
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.
K. The applicant has volunteered a cash contribution to the County Homeless Shelter
Improvement Trust Fund of $1000 per lot to be paid prior to issuance of building
permits.
L. The applicant has agreed to provide for a suitable monument plaque in the memory of
Dan and Barbara Reid to be placed at the base of the monarch oak tree atop the knoll
in the center of the project. The applicant shall work with the former business partner
of Dan Reid, Dr. Rolf Sommerhaug, in the design of the plaque. Dr. Sommerhaug,
Diablo Property Owners Association, Save Mt. Diablo, and the Board of Supervisors
shall be invited to the dedication ceremony.
M. Comply with the requirements of the Child Care Ordinance (Ordinance No. 88-1) prior
to filing a final map. Questions on administration of the ordinance may be directed to
the Child Care Coordinator at 646-2035.
RD/j n/aa
SUB5/7462C.RD
5/30/91
7/12/91
8/29/91
9/26/91-SR(a)
9/30/91
10/14/91
11/5/91
1/7/92
1/31/92
1/5/92-SR(a)
2/14/92-SR(a)
3/17/92(a)
6/19/92(x)
11/20/92
12/2/92
12/8/92
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THE BOARD OF SUPERVISORS-OF
CONTRA COSTA COUNTY, CALIFORNIA
DATE: December 8, 1992 MATTER OF RECORD
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In connection with discussions of the conditions of approval for
Rezoning Application 2884-RZ, Development Plan 3004-900 and
Subdivision 7462, Black Oak Estates, Diablo/Blackhawk area,
Supervisor McPeak REQUESTED Community Development to compile a
list of projects where the Board has included language to require
provisions for electric cars.
cc: Community Development
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