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Home My WebLink AboutMINUTES - 10061992 - D.1 ` • SE •-` .: :. TO: BOARD OF SUPERVISORS Contra ` -= = Costa . x ; :s FROM: HARVEY E. BRAGDON County y DIRECTOR OF COMMUNITY DEVELOPMENT _' , o n0-r _ titi4 sTq•cOUPIf�"C' DATE: October 1, 1992 SUBJECT: Report on Black Oak Estates SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept report and continue project to November 3 , 1992 to allow for preparation of an alternative site plan by the Diablo Property Owners Association. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS This project was heard by the Board of Supervisors on September.- 1992 . After taking testimony, the Board closed the hearing and continued the matter to October 6, 1992 and directed staff to respond to several issues raised in the public testimony. RESPONSE TO BOARD CONCERNS Alternative Site Plan Following the hearing, the Diablo Property Owners Association has offered to retain an architect to prepare an alternative site plan involving less grading for the County to consider. Staff has accepted the Association's offer subject to several conditions: the Association' s architect must work with the applicant and with staff; - the alternative plan shall allow for 36 units plus.1one additional unit that would be used for a detention basin or a residential unit, depending on the scope, of downstream improvements; CONTINUED ON ATTACHMENT: X YES SIGNATURE K S" RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E APPROVE OTHER I SIGNATURE(S) : ACTION OF BOARD ON October 6 , 1992 APPROVED AS RECOMAENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Robert Drake - 646-2091 Orig: Community Development Department ATTESTED October 6 , 1992 cc: Land Based Research & Development PHIL BATCHELOR, CLERK OF Diablo Property Owners Association THE BOARD OF SUPERVISORS East Bay Regional Park Dist. - Bob DoyleCOU ADMINISTRATOR Hidden Oaks at Blackhawk - David Preiss Mitch Avalon - Public Works Dept. BY , DEPUTY Craig & Wood .• Architects 2 . the alternative plan should be completed at the earliest . possible date. From a drainage perspective, improvement of the existing drainage system through the Scharnell property would be of greatest benefit to the immediate Diablo community. Improving this system would solve the current downstream flooding of the residents on Calle Los Callados. The 37th residential unit would not be allowed unless the downstream owner granted permission to allow the existing drainage system to be upgraded. If Scharnell fails to grant permission to construct the new storm drain line, then a maximum of 36 units would be allowed, and the detention basin constructed as proposed. An alternative with fewer residential units may be considered where it can be reasonably demonstrated that the economics of the project would not be materially damaged. The lessened economic benefit (i.e. , profit) from a smaller project would have to be matched by a comparable reduction in the costs which have been imposed on the project. For example, to induce a reduction in the number of . units, the Diablo Property Owners Association might be willing to support modifications to the project that would relieve the project of the costs for : off-site road and drainage improvements. This might be attained by a reduction in the downstream improvement costs (60 cents per square foot of impervious surface) which have been imposed on the project; or by neighborhood participation in an assessment district to share in the costs of the required access road improvements' to Mount Diablo Scenic Boulevard. Further, any project approval should be subject to the following requirements: - residential design to maximize energy conservation preferably by use of solar heating and cooling but minimally by use of existing model insulation standards. - provision of fiber optic connections to the residences. While staff is recommending a one-month continuance, it is possible that an additional month delay may be necessary to allow for completion of the alternative plan and staff review. Drainage Conditions Due to new information presented at the Board hearing, the Flood Control District. will conduct a study of existing drainage conditions along Mount Diablo Scenic Boulevard, adjacent to the project. Staff has issued ' a letter dated September 9, 1992 to the Diablo Country Club requesting input on the proposed project relative to possible drainage improvements that might be proposed on the Country Club property as a result of the project. The letter requested a written response by September 27th. No response was received by the deadline. Alignment and Maintenance of Proposed Trail Prior to the November meeting, staff intends to schedule a meeting in the field with the representative of the Hidden Oaks at Blackhawk Homeowners Association and with staff from the East Bay Regional Park District. The purpose of the meeting will be to discuss alternative trail alignments and compatibility with nearby residences. The results of that meeting and other trail concerns will be reviewed in a future staff report. 3 . Trail Staging Area At the time of the 'adoption of the Athenian School General Plan Amendment, a trail staging area was proposed for a parcel at the corner of Blackhawk Drive and Mount Diablo Scenic Boulevard. After the San Ramon Valley Regional Planning Commission had voted to recommend the designation of such a staging area as part of. the plan, a number of nearby residents expressed concern about possible incompatibility of such a staging area with the neighborhood. As a result of this concern, the Board of Supervisors deleted the staging area designation from the General Plan Amendment. The Amendment also indicated that planning for a staging area in this location would be further studied. The San Ramon Valley Regional Planning Commission did not learn of the deletion of the staging area designation until the Black Oak Estates project came to hearing. A number of Commissioners were disappointed in this change and requested staff to suggest possible staging. area sites in connection with the Black Oak Estates project. Several potential sites were identified by staff, however, none were proposed as a requirement of the Black Oak Estates project. Further, the Commission recommendation on the project does not require the development of a staging area. Several residents learned that the Commission was still interested in developing a. staging area in the vicinity and have been monitoring the project. Relative to the review of the current project, the staging area concept is a non-issue. Scenic Corridor Definition The private road next to the project site, Mount Diablo Scenic Boulevard, is designated a scenic route. The area that is visible from the road is .part of the "scenic corridor" as defined by the General Plan Scenic Route Element. Testimony to the Board expressed concern that the proposed development would be incompatible with the scenic corridor policies. The scenic route policies that are applicable to the review .of this .project are found in the 1974 Scenic Routes Element. (The current scenic route policies found in the 1991 Countywide General Plan are similar to the 1974 policies. ) The relevant section of the element is found on pages 4 and 5, and provides as follows: "It is within this area (the scenic corridor) that development controls, dedication, and the purchase of easements or lands in fee simple will be required, and public projects reviewed for compliance with this plan. Controls should be applied to retain and enhance scenic qualities, restrict unsightly use of land, control height of structures, and provide site designing and architectural guidance along the entire scenic corridor. " The proposed project provides for many of the protective measures identified in the element. For example, no development would be allowed on the major knoll in the middle of the site; most of the existing oak trees that are in proximity to Mount Diablo Scenic Boulevard would be saved; residences adjacent to the road are limited to single story structures; and open areas next to the road would be protected by application of restrictive covenants. The scenic route policies are subject to interpretation, however, staff sees nothing with the proposed project that is inconsistent with the scenic corridor policies. RD/aa BDVI/BOak.RD