HomeMy WebLinkAboutMINUTES - 10131992 - H.5 ' SE
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TO: BOARD OF SUPERVISORS
Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT
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DATE: September 18 , 1992 �ouN
SUBJECT: SOMERSET - Rezoning File #2983-RZ, FDP 3003-92 and Subdivision 7763
(Carlson, Barbee & Gibson - Applicant; Dame Construction' Co. - Owner)
DANVILLE/TASSAJARA AREA
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the adequacy of the environmental review documents
prepared for the 1991 Dame General Plan Amendment as
satisfying the requirements of the California Environmental
Quality Act for this project.
2. Approve Rezoning File #2983-RZ from P-1 to - P-1, Final
Development Plan 3003-92 and Vesting Tentative Map for a
maximum of 150 units as recommended by the San Ramon Valley
Regional Planning Commission.
3 . Introduce the ordinance giving effect to the rezoning, waive
reading and set date for adoption of same.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS +
In March of this year, the Board of Supervisors adopted -the Dame
General Plan Amendment. The Amendment affected a 20-acre site
fronting on the north side of Camino Tassajara, between Blackhawk
Plaza and the Bettencourt Ranch project now under development. The
site is immediately north of the Town of Danville. The principal
change caused by the plan amendment was the redesignation of 17
acres from Single Family Residential-High Density to Multiple
Family Residential-Low Density, and allowing up to 157 townhouse
units on the site. The amendment action also required general
vehicle access to the site to be from Camino Tassajara.
Planning Commission Review
Following Board action, development applications for 157 townhouse
units were filed with the Community Development Department. The
project was initially heard by the San Ramon Valley Regional
Planning Commission on August 10, 1992 . The main concern during
the Commission review was augmenting the buffer from existing
Bettencourt residences; protecting their privacy; and softening the
appearance of the development as seen from Bettencourt. Based on
comments from the Commission, Bettencourt Ranch residents, the Town
of Danville and staff, the applicant agreed to delete 7 of the
proposed units, and restructure the project in order to provide
greater structure separation from Bettencourt Ranch residents and
reduce overall structure mass.
The Commission reviewed the revised plan on September 2, 1992 , at
which time the Commission unanimously approved the revised project
but subject to a number changes.
The three major changes were to require that:
the commons swimming pool be relocated from the eastern to the
western property line next to Blackhawk Plaza (C/A #3 .A. 6. ) .
seven (7) proposed two-story units next to Bettencourt Ranch
and Camino Tassajara be redesigned as single-story units (C/A
#3 .1. ) in order to soften the view of the project from key
off-site vantage points.
prior to accepting a final map, landscape plans be shared with.
the Bettencourt Ranch Residents Association and Town of
Danville for opportunity to comment (C/A 3.B. ) .
Affordable Housing Requirement
In accord with the general plan amendment, the Commission action
conditions the project to provide at least 15% of the units as
affordable units to benefit low and moderate income households.
Based on the staff recommendation, the Commission action also
required that any resale of the designated units remain affordable
for a period of 20 years (C/A #4) . The 20-year term was applied
over the objections of the applicant who does not wish to have the
resale restriction last longer than 7 years. The Commission action
also requires that occupancy restrictions be imposed on the
designated units during the term of the program.
Applicant Response
In a letter dated September 4 , 1992 , Dame Construction Company
indicates two objections to the proposed project. First, the
applicant objects to the imposition of the limitation requiring
seven single-story (end) units in lieu of proposed two-story units.
Second, the applicant continues to oppose the 20-year affordability
requirement.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON O OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Clntnd�Pr 1 � � TAA2 APPROVED AS RECOMMENDED x_ OTHER �T
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the San Ramon Valley
Regional Planning Commission on the request ( 2983-RZ) by Carlson,
Barbee and Gibson (applicant) and Dame Construction Company (owner) to
rezone 17. 4 acres of land from Planned Unit District (P-1) (relative
to file 2503-RZ for 61 lots) to Planned Unit District (P-1) for 157
lots, for final development plan (File 43003-92) approval for a 157
unit multiple family residential project on 17. 4 acres, and for
vesting tentative map approval to divide 17. 4 acres into 157 lots and
common open space (Subdivision 7763 ) in the Danville/Tassajara area.
Dennis Barry; Community Development Department, presented the
staff report on the proposed project, the Planning Commission proposed
changes and the staff recommendations as stated above.
Supervisor Schroder requested clarification on the location of
the units that were proposed to be single story.
Robert Drake, Community Development Department, responded to
Supervisor Schroder's request pointing out the locations, and he
commented on the Planning Commission' s reason for the one-story units
being to provide for privacy to the existing residents along the
eastern boundary of this project and to soften the views from Camino
Tassajara.
Supervisor McPeak requested clarification on the condition of
affordability, the length of the term, persons who qualify, and
monitoring and enforcement.
Kathleen Hamm, Community Development Department, responded to
Supervisor McPeak' s questions and she addressed the issue of the
affordability requirements and issues including the length of the term
and a shared equity approach.
The public hearing was opened and the following persons appeared
to give testimony:
2 .
G
Mike Rupprecht, P.O. Box 1007, San Ramon, representing DAME
Construction Company, expressed concurrence with the conditions
imposed by staff and the Planning Commission on the project with the
exception of the single story smaller units and the length of the term
of affordability.
Mitch Avalon, Public Works Department, advised the Board of a
clerical correction to Condition 38 A ( 3 ) .
Mr. Barry advised of a typographical error in condition 38 K.
Sandra Olinger, 3813 Sheffield Circle, Danville, spoke in favor
of the single story units.
Wendy Moore, 3853 Sheffield Circle, Danville, spoke on issues
including a request for a security wall and lowering the elevations of
the proposed project, landscaping and she spoke in support of the
single story units.
Kathy' Fisher, 4028 Westminster Place, Danville, spoke on the
emergency vehicle access being a crash gate into the Sommerset
project, and she requested that all gates and fences be put up before
grading begins on the project.
Richard Robinson, 616 Bradford Place, Danville, Sales Director
for DAME Construction Company, spoke in opposition to the single story
units.
The Chair read comments submitted by Jim Ingle, 4016 Westminster
Place requesting the installation of a turn around at the proposed end
of Westminster Place and expressing concerns about a proposed gate at
the end of Westminster Place.
Mr. Rupprecht spoke in rebuttal.
The public hearing was closed.
Supervisor Schroder commented on the single story homes not being
in the best interest of what was being done in the project with
respect to affordable housing and that the Board should modify the
period of time for the affordability.
Supervisor Powers suggested that the Board make an adjustment to
deal with some of the market issues associated with the affordable
housing and that it needs to be further negotiated with the developer,
addressing the concerns of the neighbors and the market issues.
Supervisor McPeak proposed a modification to condition 4 relative
to the term of affordability to be no less than ten years and to
return to the Board within 30 days for a final agreement on the
details of implementation.
Supervisors Powers and Schroder expressed concurrence.
Supervisor Schroder moved approval of the proposed project with
conditions as amended to eliminate the one story requirement and the
wording for affordability to be returned for Board consideration
within 30 days, and he admonished the developer to consider the need
for privacy for the abutting property owners in construction and
building of the units adjacent to the Bettencourt Ranch.
IT IS BY THE BOARD ORDERED that recommendations- 1, 2 as amended
by the Board of Supervisors (conditions, Exhibit A attached) , and 3 are
APPROVED; and Ordinance No. 92-76 giving effect to the rezoning is
INTRODUCED, reading waived and October 27, 1992 is set for adoption of
same.
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:Bob Drake - 646-2091
Orig: Community Development Department ATTESTED October 13 , 1992
cc: Carlson, Barbee and Gibson PHIL BATCHELOR, CLERK OF
Dame Construction Co. THE BOARD OF SUPERVISORS
Public Works Department COU ADMINISTRATOR
Town of Danville
Bettencourt Ranch Residents Assoc. 3 . BY , , DEPUTY
FINDINGS AND CONDITIONS OF APPROVAL FOR THE SOMERSET PROJECT REZONING FILE
#2983-RZ FINAL DEVELOPMENT PLAN #3003-92 AND VESTING TENTATIVE MAP 7763
(Carlson, Barbee & Gibson - Applicants) (Dame Construction Company - Owner) Per October
13, 1992 Board of Supervisors Approval
Findings
A. The applicants have indicated that they intend to commence construction within two
and one-half years of the effective date of final project approval.
B. The project, as conditioned, is consistent with the 1992 Dame General Plan
Amendment that governs the review of this project. General access will be directly
from Camino Tassajara and not routed through Bettencourt Ranch. Additional
structure setback areas from nearby Bettencourt residences have been provided.
C. The project will constitute a residential environment of sustained desirability and
stability, and will be in harmony with the character of the nearby community. The site
plan is designed to be in harmony with the terrain and to maximize views to the south.
The approval provides for a variety of on-site recreational opportunities. Pedestrian
access to the adjoining shopping center is provided.
D. In accord with the required findings of the (P-1) District, the county finds that the
development of a harmonious, integrated plan like this 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.
CONDITIONS OF APPROVAL
General
1 . Development shall be generally based on the following exhibits as modified by the
conditions below:
A. Revised Vesting Tentative Map and Final Development Plan, dated August
1992.
B. Revised Final Development Plan (Preliminary Landscape Plan) dated August,
1992.
C. Enlargements of Entry Planting and Pool Area Plant List.
D. Geotechnical Investigation, Terrasearch, Inc., 7/30/91 .
E. Architectural Unit Plans, 2/20/91 .
F. Typical Building Elevations (Colored).
2. A maximum of 150 units shall be permitted.
2.
3. At least 30 days prior to filing a final map or issuance of grading permits, a revised site
plan/grading plan and related documents shall be submitted for the review and approval
of the Zoning Administrator. The submitted plan shall provide for:
A. A revised site/grading plan providing for:
1 ) At least four common, recreation lawn areas distributed throughout the
site. Two areas shall provide for tot equipment.
2) Provision of basketball hoops for at least five turnaround bays.
3) In lieu of the proposed bollards at the northeast end of "A" Street,
provide an emergency vehicle access (EVA) "crash" gate or other gate
design preferred by the Fire District.
4) Provision of a direct pedestrian access extending between Blackhawk
Plaza and the project. The access shall be located at the driveway
adjacent to Units 126 - 128.
5) Prior to submittal to the Zoning Administrator, the San Ramon Valley
Fire Protection District shall be provided an opportunity to review and
comment on the revised plan.
J
6) The project swimming pool shall be relocated from the eastern boundary
to the western boundary of the site in the vicinity of Lots 143 and 144.
Several bay parking spaces shall be provided near the relocated pool.
The displaced units shall be relocated to the location of the swimming
pool.
B. Four copies each of two separate final landscape/irrigation plans one of which
shall provide landscape improvements below the decorative wall along the
frontage; the other shall address the balance of the site. Prior to submittal to
the Zoning Administrator, EBMUD, Public Works Department and General
Services Department shall be provided an opportunity to review and comment
on the plans. For further details, see landscape improvements below.
Concurrent with the submittal of the final landscape plans and rendering
(identified in Condition of Approval #9) to the Zoning Administrator, the
applicant shall provide evidence that copies of the proposed landscape plans
have been submitted to the Bettencourt Ranch Residents Association and Town
of Danville. The transmittal shall be accompanied by a copy of a notification
letter which has been issued to the two entities and to the owners of lots
within the Bettencourt Ranch project which abut the project. The notice shall
indicate any written comments should be submitted in writing to the County
Zoning Administrator by the 30th day of the date of notice.
MUM Q
3.
Prior to filing a final map, the applicant shall submit a copy of the landscape
bond with the State of California for common area landscape improvements.
C. Two copies of a preliminary.geotechnical report on the revised project.
D. A perimeter fencing plan. The decorative rockwall along the frontage shall be
constructed to soundwall standards designed in accord with the
recommendations of an acoustic engineer.
E. Two copies of a street light plan. Street lights shall utilize low-lying ornamental
standards. The plan shall demonstrate how lights will avoid glaring on adjacent
residential projects.
F. Two copies of a report by an acoustic engineer providing recommendations on
the design of residential units and the frontage stonewall to mitigate the noise
impacts of projected Camino Tassajara traffic. The acoustical analysis shall be
based on ultimate widening of Camino Tassajara and ultimate development of
the area and shall be prepared by a qualified expert. The applicant shall
mitigate impacts subject to the review and approval of the Zoning
Administrator.
G. A program consisting of temporary or permanent barriers to deter trespass of
Bettencourt Ranch property by vehicles. The approved program shall be
implemented prior to issuance of a grading permit and remain in effect for the
duration of construction activity.
H. Submittal of floor plans, elevations and frontyard landscape improvements for
residential units. Detailed plans of all common facilities shall also be submitted.
The proposed swimming pool shall have minimum dimensions of 25' x 45'.'
Plans shall be accompanied by a sample palette detailing proposed colors of
exterior structures. Colors shall be compatible with the adjoining Blackhawk
Plaza. The proposed bright red roofs and white elevations are not acceptable.
I. The units on Lots 41 , 58, 65, and 67, and the eastern end of the units to be
relocated to the swimming pool site should be designed to be sensitive to
protection of the privacy of units within Bettencourt Ranch.
4.
Affordable Housing Requirement
4. Pursuant to Policies 6-1 , 6-6, and 6-9 of the Housing Element of the General Plan
(1990-2000) the applicant shall, contemplating a for-sale development, enter into a
Developer Sales Agreement (form to be approved by the county) with the County at
least 90 days prior to the filing of a Final Map, which ensures that a number of units
equal to at least 15.% of the approved units are affordable to and occupied by Low to
Moderate Income Households. Affected units shall be deed restricted with the
provision that on resale these units shall remain affordable for no less than 10 years.
The .Community Development Department shall enter into negotiations with the
applicant regarding implementation of the affordable housing program for this project
and consideration of a shared equity arrangement and return within 30 days of Board
approval of this project for Board action on acceptance of the affordable housing
program. For purposes of this condition, the following definitions apply:
A. Low to Moderate Income Households -Households earning 80-120% of median
income for Contra Costa County as adjusted for family size, as defined in
Section 50093 of the California Health & Safety Code; and
B. Affordable Sales Price - The maximum sales price for units shown on
Subdivision 7763 and FDP 3003-92 shall be $186,500 for designated
affordable units.
C. Occupancy of designated affordable units shall be limited to the respective
owner, of each unit during the term of the affordable program. Further, the
program shall require that all individuals with an ownership interest in a unit
shall be required to occupy the unit, so as,to preclude equity share or other
comparable ownership interests. However, this condition is not designed nor
intended to preclude family members from assisting in the financing for the unit
occupant(s).
Affordable units shall be provided throughout the development, and placed throughout
the development in a manner such that the size and quality of Affordable Units reflect
the proportions in the total development, and that the Affordable Units be spatially
disbursed. Prior to filing a Final Map the applicant shall submit to the Zoning
Administrator a plan for review and approval setting forth the proposed location of
Affordable Units.
Geotechnical
5. A preliminary geotechnical report prepared by a geotechnical engineer shall be prepared
on the approved project.
6. Prior to issuance of .building permits on parcels of this subdivision, submit as-graded
reports of the geotechnical engineer to Community, Development and Building
Inspection Departments with an as-graded map showing final plan and grades. The
5.
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 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.
7. A grading bond is required for the work necessary to carry out the grading plan and
Final Development Plan. Provide sufficient information to estimate the cost of required
soil improvements, or a contractor's estimate.
8. Record a statement to run with deeds to parcels of the property acknowledging the
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.
Landscape Plans
9. Two landscape/irrigation plans prepared by a licensed landscape architect: one of the
area.south of the decorative wall and one for the balance of the site.
Plans shall be certified for compliance with the Water Conservation in New
Developments Ordinance (No. 90-59). Proposed shrubs shall be a minimum 5-gallons
in size; proposed trees a minimum 1 5-gallons in size. Prior to submittal to the Zoning
Administrator, the East Bay Municipal Utility District, General Services Department and
Public Works Department - Road Engineering Section shall be provided an opportunity
to review and comment on the plans. Landscaping shall be designed so as to minimize
landscape maintenance costs.
In addition, a rendering shall be prepared by the Landscape Architect showing what the
landscape buffer and nearby planned residences along the eastern boundary line are
likely to look like 3 - 5 years after landscape planting as viewed from adjacent lots in
the Bettencourt Ranch.
10. Both landscape plans shall demonstrate by design and selection of materials
compliance with the sight distance requirements of the Sight Obstructions at
Intersections Ordinance (Chapter 82-18). The applicant shall submit copies of the
plans to the Public Works Department - Road Engineering and Engineering Services
Divisions for comment prior to submittal to the Zoning Administrator.
1 1 . At least four common lawn areas and four "color" spots shall be provided on the site
plan north of the decorative wall.
6.
12. Plans shall be designed to provide for functional screening of development from the
views of adjacent residences in the Bettencourt Ranch and Blackhawk projects and to
soften the appearance of the project as seen from the south and southeast. The
landscaping shall be designed so as to maximize the privacy of the neighboring
properties and to mitigate the noise and visual impacts of the subject site. A row of
suitable 5-gallon shrubs shall be planted along the eastern boundary so as to create an
augmented barrier to the existing fence.
13. A cross-section and elevation of the proposed Bouquet Canyon Blackhawk wall shall
be submitted. The wall shall be constructed to soundwall standards and match the
design of the existing wall within the Bettencourt project. The alignment of the
eastern end of the wall shall be adjusted so as to provide symmetry with the flared end
of the Bettencourt wall.
14. Exclusive of the eastern perimeter landscape buffer, the slope areas between the
padded areas shall be planted subject to the following minimum standards: one tree
for every 1 ,000 square feet and one shrub for every 350 square feet. This standard
is estimated to require an increase of 1 15 trees and 325 shrubs from the preliminary
landscape plan. The plans shall indicate how this standard has been achieved.
15. The plan shall provide for at least thirty (30) 24-inch box specimen trees, the bulk of
which shall be used to establish a more substantial buffer along the eastern property
line in the lower portion of the site.
16. Landscape plans shall be accompanied by an estimate of the total landscape costs
(materials and labor). Prior to filing a final map, the applicant shall post a bond with
the County to cover the costs of landscape improvements within Camino Tassajara
frontage area. The bond estimate and the bond shall be updated annually in
accordance with the California Construction Cost Index.
17. Completion of approved landscape improvements shall be accepted by the Zoning
Administrator (ZA) pursuant to the schedule listed below. At least 30 days after
completion of the referenced landscape component, the landscape architect shall verify
the correct installation of improvements which shall be documented in a written report.
Any failing plants shall be identified in the report and immediately replaced. The
reports shall be forwarded to the Zoning Administrator for acceptance. Concurrently,
the landscape architect shall make arrangements with the Zoning Administrator for
mutual inspection of the improvements. In the case of the Camino Tassajara frontage
improvements, the responsible staff person from the General Services Department(Jim
Baugh) shall be included in the inspection tour.
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7.
Schedule of Landscape Acceptance
Permit Stage Landscape .
Component
A. Prior to the issuance of certificate of occupancy for the 1 st Unit.. Completion of
the Camino
Tassajara
Frontage.
B. Prior to the issuance of certificate of occupancy for the 100th Unit. Completion of
the Majority
of Internal
Commons
Area
C. Prior to the issuance of certificate of occupancy for the 145th Unit. Completion of
All Remaining
I n t e r n a l
Common Area
Improvements
Grading/Erosion Control
18. The grading plan shall provide for balanced cut and fill on-site (i.e., no import or export
of fill material).
19. 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 slopes shall be intercepted by closed conduit and conveyed to
adequate storm drainage facilities.
Perimeter Fencing Plans
20. The perimeter fencing plan shall identify the location of existing fencing adjoining the
eastern boundary. The balance of the site shall be enclosed. A suitable 6-foot
masonry wall shall be erected at the end of the southern stub-out of Westminster
Place. Other barrier improvements (e.g., permanent bollards) shall be provided on the
8.
east side of the wall subject to review and approval by the Public Works Department.
An EVA gate shall be erected on the northern stub-out of Westminster Place. Fencing
for the balance of the perimeter shall consist of wood, wrought-iron and the proposed
decorative wall.
Review of Final Architectural Plans and Residential Design Guidelines
21 . Final floor plans, elevations and frontyard landscaping shall be submitted for Zoning
Administrator review and approval. At least two alternative (interior and exterior)
plans shall be provided. Residential units shall be designed in accord with the acoustic
report recommendations described in Condition of Approval #3.F.
22. To avoid a massive blank-wall effect for proposed side elevations, additional
fenestration (windows) or other architectural design shall be provided.
23. The proposed red and white exterior materials are denied. Alternative colors shall be
proposed that are compatible with the Blackhawk Plaza. A sample color palette shall
be submitted demonstrating compliance with this requirement.
24. Proposed patio areas shall be defined by perimeter fencing or retaining walls.
25. Upon sale of units, any proposed exterior structural improvements shall be subject to
the review and approval of the Zoning Administrator following opportunity for
comment by the homeowners association.
Common Area Improvements
26. Detailed plans for proposed swimming pool, required lawn, tot lot, basketball facilities
6hall be submitted. Approved plans shall be constructed prior to issuance of certificate
of occupancy of the 100th residential unit.
Park and Traffic Fees
27. Park dedication fees shall be $2,800 per unit.
28. Traffic mitigation fees shall be $5,377 per unit, plus any inflator fee requirement of the
Bridge/Thoroughfare Fee Ordinance.
DON
9.
Street Names
29. At least 30 days prior to filing a final map, site plans shall be submitted for review by
the Community Development Department - Graphics Section (646-2029), to obtain
street address and street name approval. Alternate street names should be submitted
in the event of duplication and to avoid similarity with existing street names. The Final
Map cannot be certified by the Community Development Department without the
approved street names and assignment of street addresses.
Child Care
30. At least 90 days prior to filing a Final Map, the applicant shall submit two copies of a
demand study for child care facilities generated from the future project residents and
an appropriate response program in accord with Ordinance 88-1 , the Child Care
Ordinance. The demand study and response program shall be subject to the review
and approval of the Zoning Administrator. Evidence shall be submitted that the
approved response program has been implemented prior to recording a final map.
Questions on the child care requirements should be directed to the County
Demographer at 646-2035.
Transportation Demand Management Program
31 . At least 30 days prior to filing a Final Map, the applicant shall submit two copies of a
Transportation Demand Management (TDM) information program in accord with the
requirements of Ordinance No. 92-31 . The applicant should contact the County TDM
Coordinator in the Community Development Department at 646-2131 regarding any
questions on the program requirements.
Covenants, Conditions and Restrictions
32. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to
the Community Development Department.
The C.C. & Rs shall provide for a reserve account in the homeowners' association
budget to provide funding for the project's fair share of the costs of replacement of the
common fence with the Bettencourt Ranch when the existing fence becomes
significantly damaged or deteriorated.
Construction Period Restrictions
33. Noise generating construction activity (including playing of loud radios or musics 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.
10.
34. At least one week prior to commence 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,including the Bettencourt Ranch
Residents Association,that construction work will commence. The notice shall include
a list of contact persons with name, title, phone number and area of responsibility.
The person responsible for maintaining the list shall be included. The list shall be kept
current at all times and shall consist'of persons with authority to initiate corrective
action in their area of responsibility. The names of individuals responsible for noise
and litter control, 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 Community Development
Department. The notice shall be accompanied by a list of the names and addresses
of the parties noticed, and a map identifying the area noticed.
35. The project shall comply with the dust control requirements of the Grading Ordinance
including provisions pertaining to water conservation.
36. Comply with the following archaeological resource requirements:
A. If any significant cultural materials such as artifacts, human burials, or the like
are encountered during construction operations, such operations shall cease
within 10 feet of the find, the Community Development Department shall be
notified within 24-hours and a qualified archaeologist contacted and retained
for further recommendations. Significant cultural materials include, but are not
limited to, aboriginal human remains, chipped stone, groundstone, shell and
bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone,
and historic features such as privies or building foundations.
B. Appropriate mitigation of the cultural. resources may include monitoring of
further construction and/or systematic excavation of the resources. Any
artifacts or samples collected as part of the initial discovery, monitoring or
mitigation phases shall be properly conserved, catalogued, analyzed, evaluated
and curated along with associated documentation in a professional manner
consistent with current archaeological standards.
Road, Utility and Drainage Requirements
37. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
MEN W
11 .
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) Constructing road improvements along the frontage of Camino
Tassajara.
Constructing 8-foot meandering pedestrian and,bicycle pathway along
the frontage will satisfy this requirement. The pathway shall be free of
obstructions and shall have a minimum clearance of two feet from
obstructions on both sides. Provide a planter strip, a minimum of two
feet wide, between the curb and the pathway. The path shall conform
to the existing pathways to the west and to the east of the subject
property.
2) Installing street lights on Camino Tassajara and annexing the property
to County Service Area L-100 for maintenance of the street lights. The
final number and location of the lights shall be determined by the Public
Works Department, Road Engineering Division.
3) Constructing a paved turnaround at the end of the proposed private
roads in the vicinity of Lots 65, 73, 128, 135, and the proposed
recreation area acceptable to the San Ramon Valley Fire Protection
District and the County Public Works Department, Road Engineering
Division.
An exception is granted to Section 96-12.406, "Private Road
Turnaround", for the turnarounds in the vicinity of Lots 1 , 67 and 131 .
4) Undergrounding of all utility distribution facilities.
5) 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 public storm drainage facility which conveys the storm
waters to a natural watercourse.
6) Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the Public
Works Department.
UWE A
12.
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 Public Works
Department, Road Engineering Division. The bonded agreement shall
include a provision for annual increases in.the bond amount based on
the California Construction Cost Index.
8) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on
Camino Tassajara as required for the planned future width of 128 feet.
C. Relinquish'abutter's rights of access along Camino Tassajara, including curb
returns, with the exception of "A" Street.
D. Construct "A" Street to County private road standards with a minimum width
of 32 feet within a 42 foot easernent. Widen "A" Street in the vicinity of
fronting homes to a 36 foot width to allow on street parking. At the
intersection with Carnino Tassajara, widen "A" Street to provide for a left-turn
pocket, subject to the review and approval of the Public Works Department,
Road Engineering Division. The northbound side of "A" Street shall be 20 feet
wide and the southbound side of "A" Street shall be a minimum of 28 feet wide
(widths measured from curb to curb).
All other private roads within the subdivision shall be constructed as shown on
the vesting tentative map within a 30 foot access easement.
E. Install safety related improvements on Camino Tassajara (including traffic signs
and channelization) as approved by the Public Works Department.
F. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
G. Submit a sketch plan to the Public Works Department, Road Engineering,
Division, for review showing all public road improvements prior to starting work
on the improvement plans. The sketch alignment plan shall be to scale and
show proposed and future curb lines, lane striping details and lighting. The
sketch alignment plan shall also include adequate information to show that
adequate sight distance has been provided.
13.
H. Install permanent landscaping and automatic irrigation facilities within the
parkway and median areas, and install interim landscaping features within the
future road areas, if any. All work shall be done in accordance with the
guidelines and standards of the County. Funding of, and maintenance of, the
new plantings shall be guaranteed by the developer until the expiration of the
plant establishment period and, until funds are available through a landscaping
district.
I. Apply to the Public Works Department for annexation to the County
Landscaping District AD 1979-2 (LL-2) for the future maintenance of
landscaping and irrigation facilities in median islands, parkways and other areas
("open space" is specifically excluded).
The applicant shall submit landscape and irrigation plans to the Public Works
Department, Engineering Services Division, for review prior to filing of the Final
Map. The bonded agreement assuring construction of the improvements shall
include a provision for annual review based on the California Construction Cost
Index.
J. Install road improvements at the Camino Tassajara/"A" Street intersection:
1 ) Provide full channelized median openings with Left-turn storage lanes and.
standard transitions at the intersection of "A" Street with Camino
Tassajara by widening into the median area, subject to the review and
approval of the Town of Danville and the Public Works Department.
2) Install right-turn lanes on Camino Tassajara for site ingress and egress
at "A" Street subject to the review and approval of the Public Works
Department and the Town of Danville.
3) Install a traffic signal and the necessary hardware and software
improvements to coordinate the traffic signals of Rassani Drive and
Tassajara Ranch Drive with the new signal.
K. If required by the transit authority, construct a standard concrete bus turnout
on Camino Tassajara at a location subject to review and approval by the transit
authority, and convey to the County, by offer of dedication, the corresponding
right of way for the turnout and accessories.
L. Extend "A" Street at the northern end to connect to Westminster Place to be
utilized as an emergency vehicle access, subject to the review and approval of
the Public Works Department and the San Ramon Valley Fire Protection District.
M. Apply for annexation to the Benefit Assessment District 1010 to help provide
for the maintenance and operation of the detention basin, its related structures
and the overall maintenance of the Flood Control District's right of way.
14.
N. Provide for adequate off-street parking on the proposed private roads, subject
to the review and approval of the Zoning Administrator.
0. Provide for adequate sight distance in accordance with CALTRANS standards
for a design speed of 30 mph on "A" Street, and for a design speed of 20 mph
on all other on-site private roads.
The design speed on all other on-site roads may be decreased to 15 miles per
hour subject to the review of the Public Works Department, Road Engineering
Division, and the review approval of the Zoning Administrator.
P. Establish a maintenance agreement to insure future maintenance of the on-site
private roads.
R. Prior to issuance of building permits, the applicant shall file the Final Map for
Subdivision 7763:
Health Services Department Requirements
38. Prior to filing a final map, comply with the following requirements:
A. The subdivider shall provide to the Contra Costa County Health Services
Department - Environmental Health Division - written documentation from the
public water system providing domestic water service that they can and will
provide said water service. Water supply shall be from the East Bay Municipal
Utility District.
B. The subdivider shall provide to the Contra Costa County Health Services
Department - Environmental Health Division - written documentation for the
public sewer system providing sewer service that they can and will provide said
sewer service. All wastewater generated on the properties shall be disposed
of via the Central Contra Costa Sanitary District.
C. The subdivider shall destroy any abandoned on-site wells or septic tanks in
accordance with Contra Costa County Health Services Department -
Environmental Health Division - requAments.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Tassajara Area of Benefit as adopted by the
Board of Supervisors.
B. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 101 A as adopted by the Board of Supervisors.
1 5.
C. The applicant will be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board or any of its Regional Water Quality Control Boards (San
Francisco Bay-Region II or Central Valley-Region V).
D. Comply with the Water Conservation Landscaping in New Developments Ordinance.
E. The vesting tentative map application was accepted as complete on May 9, 1992.
F. Comply with the fee requirements of the San Ramon Valley Unified School District.
G. Comply with the requirements of the San.Ramon Valley Fire Protection District.
RD/aa
RZXVIII/2983-RZC.RD
8/7/92
8/26/92
9/8/92
10/13/92 - BS .(a)
1/29/93