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HomeMy WebLinkAboutMINUTES - 11062001 - C.24 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 6, 2001, by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 544 SUBJECT: Approval of the Final Map for Subdivision 7976, Dougherty Valley (San Ramon) area(District III). The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7976,property located in the Dougherty Valley(San Ramon,District III)area,being developed by Windemere BLC said map having been certified by the proper officials. II. Background Information The intent of this map is for large lot delineation and to act as a financing mechanism for conveyance. Windemere BLC has requested that this final map be filed in order to meet the financial obligations set forth by their partnership agreement. The proposed final map subdivides the existing 15 lots into 20 lots. County staff has determined that creation of these lots can be completed at this time with various conditions of approval satisfied. The majority of the parcels created by this map are for future subdivisions that will be seeking final map recordation shortly upon conditions of approval compliance. Windemere BLC will maintain ownership of roadway infrastructure parcels until the recordation of individual subdivisions when they will be dedicated to the County. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G:\GrpData\EngSvc\Warren\Windemere\7976 Large Lot Map BO.doc ri Oginator:Public Works(ES) ATTESTED: November 06, 2001 Origin , Contact: Heathcr Ballenger(313-2371) JOHN SWEETEN,Clerk of the Board of Supervisors and County cc: Public Works-R.Bruno,Construction Administrator Current Planning,Community Development Pete Petersen Lennar Communities 3130 Crow Canyon Road,Ste.310 San Ramon,CA 94583 By ,Depury RESOLUTION NO. 2001/ 544 SUBJECT: Approval of the Final Map for Subdivision 7976, Dougherty Valley (San Ramon) area (District III). DATE: November 6, 2001 PAGE: 2 The attached letter of understanding (Exhibit A) describes the various tasks that will be completed prior to the filing of maps that create individual lots. Included in these tasks will be the completion of conditions of approval compliance, off-site right of way agreements, and offers of dedication for future drainage improvement sites as well as public facilities (public library, community college, and police substation). Approval of this final map does not indicate that the conditions of approval for Subdivision 7976 are satisfied. The conditions of approval will be met prior to the filing of the first final map for the"villages", which creates individual lots. Public improvements will be guaranteed by bonds when subdivision and road improvement agreements are submitted for subsequent Board consideration. These improvement plans and bond estimates are currently under review by Public Works and will be approved shortly. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full. NOW,THEREFORE IT IS RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths,or easements shown thereon as dedicated to public use. RESOLUTION NO. 2001/544 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O.Box 631 Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor of _elrrfi i:5 -'c3- ST'4 COUK� Date: 10/18/2001 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2001, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 7976 SAN RAMON 66383 Parcel#: 206-050-009-3 206-090-004-6 206-090-005-3 206-050-008-5 206-090-010-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILL J. O CE Trea ur r-T x Ilect By: Lenna Communities November 5, 2001 Writer's Direct Dial Number (925) 242-0811 Ms. Heather Ballenger Contra Costa County Public Works Department 255 Glacier Drive Martinez, California 94553 Re: Windemere Final Man Dear Ms. Ballenger: Windemere BLC Land Company LLC ("Windemere") has requested that the Contra Costa.County Board of Supervisors approve, at its November 6, 2001 meeting, a large-lot final subdivision map (Tract No. 7976) for the first phase of Windemere's development project within the Dougherty Valley (the "Large-Lot Map"). The Large- Lot Map is intended solely to allow the financing and sale of properties within Phase I to individual homebuilders which, following the later approval of one or more final subdivision maps creating buildable lots (collectively, the "Small-Lot Maps") and (with respect to certain areas within the Village Center) final development plan amendments, will be permitted to construct attached and detached dwelling units within the authorized areas. As we have discussed, certain of the conditions to Windemere's Phase I tentative subdivision map (Tract No. 7976) (the "Tentative Map") remain outstanding at this time. You have indicated that, because the Large-Lot Map will not create parcels that are buildable under the various entitlements held by Windemere, approval and recordation of the Large-Lot Map may nonetheless occur provided Windemere makes certain specific commitments to satisfy those outstanding conditions (or provide security for such satisfaction) prior to approval of any of the Small-Lot Maps. The purpose of this letter is to memorialize our understandings along these lines. In furtherance of the foregoing, Windemere hereby commits to satisfy the following conditions prior to approval of any of the Small-Lot Maps: 3130 Crow Canyon Place, #310, San Ramon, California 94583 —(925) 242-0811 Ms. Heather Ballenger November 5, 2001 Page 2 of 3 1. Securityfor Camp Parks Right of Way Acquisition. Windemere shall enter into an agreement with the County which includes a waiver of Windemere's waiver rights under Cal. Gov't Code § 66462.5 and provides for the acquisition by Windemere of approximately 9.77 acres of real property owned by the United States Department of the Anny(Parks RFTA) ("Camp Parks Property") and needed to provide the right-of- way for an extension of Bollinger Canyon Road south of the Windemere property. The agreement shall also provide that, in the event Windemere is unable to acquire the Camp Parks Property, and in consideration of the County's inability to condemn federally. owned property, Windemere shall do the following: (1) Acquire such other real property as is necessary to develop, design and construct an extension of Bollinger Canyon Road south of the Windemere property on an alternate route approved by the County (hereafter`Bollinger Canyon Alternate Route Extension"), or obtain and deliver to the County an offer of dedication to the County of such real property; and (2) Develop, design, construct and dedicate to the County the Bollinger Canyon Alternate Route Extension. Windemere shall at the time of entering into the above agreement provide appropriate cash security (in the form of a cash deposit, surety bond or instrument of credit acceptable to the County), in amounts to be determined in negotiations with County staff, for(1) the acquisition of whichever of the above two rights-of-way that may ultimately be pursued and (2) the development, design and construction of the Bollinger Canyon Alternate Route Extension. 2. "Bollinger North"Right-of-Way. Windemere shall secure the necessary offers of dedication from Shapell Industries, Inc., of rights-of-way for the northern portions of Bollinger Canyon Road and associated improvements for which Windemere bears responsibility. 3. Other Infrastructure Improvements. Windemere shall enter into all necessary road acceptance and drainage agreements with the County, with Windemere providing bonds for all improvements in accordance with County's standard requirements and including at least a twenty percent (20%) contingency. Windemere understands that, although the Large Lot Map will create saleable parcels, further design review (pursuant to FDP the amendment process) is anticipated for those parcels located west of Bollinger Canyon Road as set forth in Condition No. 7 to the Tentative Map. This process may result in changes to lot configurations due to, e.g., modifications of road alignments. Windemere agrees that, prior to the conveyance of any parcel created by the Large Lot Map, deed notifications will be recorded to advise potential purchasers of this possibility. we-61071 Ms. Heather Ballenger November 5, 2001 01 =' Page 3 of 3 Windemere acknowledges also that the County has not yet determined the scope of drainage facilities (i.e., detention basins) that will be required to accommodate Phases II through V of the Windemere project. You have indicated that there is some possibility that, subject to future studies, such a detention basin may need to be constructed within "Parcel 9" (as shown on the Large Lot Map). Accordingly, Windemere agrees that no Small Lot Map will be recorded for Parcel 9 until such tirne as this issue has been resolved, and will continue to work with the County in good faith to resolve any remaining issues with respect to flood control facilities. Windemere understands and agrees that approval of the Large-Lot Map is not a waiver of any outstanding conditions and that the County is under no obligation to approve any Small-Lot Map unless and until all conditions of approval, including the foregoing, are fulfilled. Thank you for all of your assistance on this matter. If you have any further questions, please feel free to contact me directly. Your ly, i Ric and A. Peterson cc: Linda Wilcox, Esq. Deputy County Counsel, Contra Costa County we-61071 Lennar Communities November 5, 2001. Writer's Direct Dial Number (925) 242-0811 Ms. Heather Ballenger Contra Costa County Public Works Department 255 Glacier Drive Martinez, California 94553 Re: Windemere Final Map Dear Ms. Ballenger: Windemere BLC Land Company LLC ("Windemere") has requested that the Contra Costa.County Board of Supervisors approve, at its November 6, 2001 meeting, a large-lot final subdivision map (Tract No. 7976) for the first phase of Windemere's development project within the Dougherty Valley (the "Large-Lot Map"). The Large- Lot Map is intended solely to allow the financing and sale of properties within Phase.l. to individual homebuilders which, following the later approval of one or more final subdivision maps creating buildable lots (collectively, the "Small-Lot Maps") and (with respect to certain areas within the Village Center) final development plan amendments, will be permitted to construct attached and detached dwelling units within the authorized areas. As we have discussed, certain of the conditions to Windemere's Phase I tentative subdivision map (Tract No. 7976) (the "Tentative Map")remain outstanding at this time. You have indicated that, because the Large-Lot Map will not create parcels that are buildable under the various entitlements held by Windemere, approval and recordation of the Large-Lot Map may nonetheless occur provided Windemere makes certain specific conunitments to satisfy those outstanding conditions (or provide security for such satisfaction.) prior to approval of any of the Small-Lot Maps. The put-pose of this letter is to memorialize our understandings along these lines. In furtherance of the foregoing, Windemere hereby commits to satisfy the following conditions prior to approval of any of the Small-Lot Maps: 3130 Crow Canyon Place, #310, San Ramon, California 94583— (925) 242-0811 J6 y ` Ms. Heather Ballenger November 5, 2001 Page 2 of 3 1. Securityfor Camp Parks Right of Way Acquisition. Windemere shall enter into an agreement with the County which includes a waiver of Windemere's waiver rights under Cal. Gov't Code § 66462.5 and provides for the acquisition by Windemere of approximately 9.77 acres of real property owned by the United States Department of the Army (Parks RFTA) ("Camp Parks Property") and needed to provide the right-of- way for an extension of Bollinger Canyon Road south of the Windemere property. The agreement shall also provide that, in the event Windemere is unable to acquire the Camp Parks Property, and in consideration of the County's inability to condemn federally owned property, Windemere shall do the following: (1) Acquire such other real property as is necessary to develop, design and construct an extension of Bollinger Canyon Road south of the Windeinere property on an alternate route approved by the County (hereafter "Bollinger Canyon Alternate Route Extension"), or obtain and deliver to the County an offer of dedication to the County of such real property; and (2) Develop, design, construct and dedicate to the County the Bollinger Canyon Alternate Route Extension. Windemere shall at the time of entering into the above agreement provide appropriate cash security (in the form of a cash deposit, surety bond or instrument of credit acceptable to the County), in amounts to be determined in negotiations with County staff, for(1) the acquisition of whichever of the above two rights-of-way that may ultimately be pursued and (2) the development, design and construction of the Bollinger Canyon Alternate Route Extension. 2. "Bollinger North"Right-of-Way. Windemere shall secure the necessary offers of dedication. from Shapell Industries, Inc., of rights-of-way for the northern portions of Bollinger Canyon Road and associated improvements for which Windemere bears responsibility. 3. Other Infrastructure Improvements. Windemere shall enter into all necessary road acceptance and drainage agreements with the County, with Windemere providing bonds for all improvements in accordance with County's standard requirements and including at least a twenty percent (20%) contingency. Windeinere understands that, although the Large Lot Map will create saleable parcels, further design review (pursuant to FDP the amendment process) is anticipated for those parcels located west of Bollinger Canyon Road as set forth in Condition No. 7 to the Tentative Map. This process may result in changes to lot configurations due to, e.g.,modifications of road alignments. Windemere agrees that, prior to the conveyance of any parcel created by the Large Lot Map, deed notifications will be recorded to advise potential purchasers of this possibility. we-61071 T � Ms. Heather Ballenger November 5, 2001 Page 3 of 3 Windemere acknowledges also that the County has not yet determined the scope of drainage facilities (i.e., detention basins) that will be required to accommodate Phases II through V of the Windemere project. You have indicated that there is some possibility that, subject to future studies, such a detention basin may need to be constructed within "Parcel 9" (as shown on the Large Lot Map). Accordingly, Windemere agrees that no Small Lot Map will be recorded for Parcel 9 until such time as this issue has been resolved, and will continue to work with the County in good faith to resolve any remaining issues with respect to flood control facilities. Windemere understands and agrees that approval of the Large-Lot Map is not a .waiver of any outstanding conditions and that the County is under no obligation to approve any Small-Lot Map unless and until all conditions of approval, including the foregoing, are fulfilled. Thank you for all of your assistance on this matter. If you have any further questions, please feel free to contact me directly. Your uly, i Ric and A. Peterson cc: Linda Wilcox, Esq. Deputy County Counsel, Contra Costa County we-61071