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HomeMy WebLinkAboutMINUTES - 06161987 - 1.25 2J BOARD OF SUPERVISORS Harvey E. Bragdon, FROM: Director of Community I A.) I CQ.�,(.��tra June 16, 1987 Costa DATE Approving Amended Condi r Reza d COUrty Preliminary Development Final Development suBJECT; Plan ( 3010-86) as Reque _ ction Company, Inc. (Owner and Applicant) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION WHEREAS, pursuant to the requirements of the California Environ- mental Qualify Act and- State and County CEQA guidelines, a Final Environmental Impact Report for Applications for Rezoning ( 2665-RZ) , Final Development Plan ( 3010-86) , and Vesting Tentative Map ( 6737) for Shadow Creek were certified as being adequate by the San Ramon Valley Regional Planning Commission on April 1, 1987 by Resolution No. 17-1987 (SR) prior to approving the aforestated applications; and WHEREAS, pursuant to the provisions of government Code Section 65854 and County Ordinances, a duly-noticed Public Hearing was held before the Commission on April 1 , 1987, at the request of applicant to gain approval of the aforestated applications; and WHEREAS, the Commission, by Resolution No. 17-1987(SR) adopted on April 15, 1987, by vote of 6-0, made certain findings and approved Vesting Tentative Map 6737, subject to Conditions of Approval attached thereto as Exhibit A; and WHEREAS, the Commission, -by Resolution No. 17-1987(SR) adopted on April 15, 1987, by a vote of 6-0, made certain findings and recommended approval to the Board of Supervisors for the rezoning ( 2665-RZ) and Final Development Plan ( 3010-86) , subject to Conditions of Approval attached hereto as Exhibit A; and WHEREAS, the Commission, by Resolution No. 17-1987(SR) instructed the Director of Community Development to prepare the necessary transmittals and to submit them to the Board of Supervisors in accordance with the Government Code of the State of California; and WHEREAS, a duly-noticed Public Hearing was held before the Board of Supervisors on May 26, 1987 ; and CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME DATION 9F B ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 16 , 1987 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: 1 , 2 , 3 , 4 NOES: 5 AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED _ June 16 , 1987 _ County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Dame Construction 6L BYA _01fDEPUTY M382/7-83 2. WHEREAS, the Board of Supervisors on May 26, 1987 approved the aforestated applications, denied the appeal of the Town of Danville and Tassajara Now and Tomorrow, directed the staff to prepare the appropriate documentation, including amended conditions of approval, introduced Ordinance No. 87-40, giving effect to the rezoning, and set June 9, 1987 for adoption, which date was continued to this date; NOW, THEREFORE, IT IS BY THE BOARD OF SUPERVISORS ORDERED AS FOLLOWS: 1. The amended Conditions of Approval attached hereto and made a part hereof as Exhibit A, reflecting the revisions made by the Board on May 26, 1987, are approved. 2. Ordinance No. 87-40, giving effect to the Rezoning ( 2665-RZ) and the Final Development Plan ( 3010-86) is hereby adopted. RD/aa 6/15/87 12/1/87 LTRXII/2665-RIB.RD EXHIBIT A CONDITIONS OF APPROVAL FOR REZONING FILE #2665-RZ, FINAL DEVELOPMENT PLAN 3010-86 AND SUBDIVISION 6737 (SHADOW CREEK) 1. This approval is for a maximum of 429 residential dwelling units. This approval is based upon the following exhibits: Exhibit A - Preliminary Grading and Final Development- Plan dated received February 9, 1987. Exhibit B - Vesting Tentative Map, Subdivision 6737 dated received February 9, 1987. Exhibit C - Shadow Creek Brochure dated received February 5, 1987. A revised site and grading plan shall be submitted for the review and approval of the Zoning Administrator prior to filing a Final Subdivision Map. The 11 units identified as Lots 186-196 on the tentative map shall be eliminated. The applicant may propose the extension of "A" Court northerly to intersect with "A" Street. Additional lots may be proposed to front on either side of this extension or in other areas of the project to retrieve the 11 lots which were eliminated. 2. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters 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 Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, -if they are deemed necessary. 3. The applicant shall contribute $1,670 per unit in park land dedication fees. The fees shall be used for improvements to the planned community park facility in the Tassajara Ranch project. The applicant may receive credit for the cost of park improvements to Parcel E. 4. Development rights to Parcels A, B, C, D, E, J, K, and L shall be dedicated to the County. The proposed area of dedication shall be subject to the review and approval of the Zoning Administrator,. The required areas of dedication shall be shown on the final subdivision map. 5. Urban service boundary reorganization shall be assured prior to recordation of the Final Map. The property shall be annexed to East Bay Municipal Utility District and Central Contra Costa Sanitary District. 6. The 24.5 acres of common open space within' Parcels A and B shall be offered for dedication to the East Bay Regional Park District prior to the recorda- tion of a Final Map. Concomitantly, the applicant shall provide a copy of the soils/geotechnical report to the District. 7. A development phasing schedule shall be submitted for the review and approval of the Zoning Administrator. The schedule shall address the timely abandonment/realignment of the Hansen Lane right-of-way. Moreover, the provision of the realignment will be in accord with the following conditions: 2. A. The existing Hansen Lane alignment shall remain open "as is" until at least December 4, 1988. B. Pending completion of a public street providing permanent access, and throughout the entire course of construction, an all-weather access serving Blackhawk shall be kept through said area from Camino Tassajara to Blackhawk. C. Ultimate access to Blackhawk shall be via an improved, dedicated and accepted public street from Camino Tassajara to the entrance of Blackhawk (which shall remain a gated entrance to Blackhawk's private streets, with access only to Blackhawk, Blackhawk residents, Blackhawk suppliers and Blackhawk Construction traffic) . 8. The planned 8 foot trailway shall be routed through the landscape buffer. The right-of-way shoulder shall be fully landscaped. A decorative wall shall be constructed along the exterior boundary of the arterial landscape buffer. The wall shall be constructed to soundwall standards as appropri- ate to attenuate noise conditions on adjoining residences. Design of the landscape buffer shall conform with the guidelines contained in the report entitled, "Camino Tassajara Streetscape. " 9. Improvement plans shall provide for a traffic barrier across Hansen Lane approximately 100 feet south of Street "A. Design of the barrier shall be subject to the review and approval of the Departments of Community Develop- ment and Public Works. 10. Prior to filing of a final subdivision map, the applicant shall submit trail improvement plans to the Community Development Department for review and approval . These improvements will be integrated with other planned trail facilities in the area. A pedestrian trail should be provided between Blackhawk Meadow Drive and the central knoll . Trails internal to the project shall be at least six feet in paved width; the knoll trail may be left unpaved. All these trail improvements are subject to final review and approval by the Zoning Administrator. 11. Covenants, Conditions and Restrictions, Articles of Incorporation and By Laws for a mandatory homeowners association shall be submitted prior to filing the Final Subdivision Map. The document shall provide for among other things, the ownership and maintenance of the common open space, land- scape areas, pathway system, private streets, detention basins, and other common facilities. 12. Street names shall be subject to the review and approval of the Community Development Department. The proposed names shall be submitted to the Graphics Section of least 30 days prior to filing a final map. 13. The guide for development of the residential units shall be as follows: Rearyard Setback 20 ft. minimum Frontyard Setback (measured from back of sidewalk or back of curb) Front-entry Garage 20 feet minimum Side-entry Garage 14 feet minimum 3. All dimensional requirements are subject to further Zoning Administrator review and approval at the time of issuance of building permits. 14. Development Plans and details of the recreation areas, entry feature and all common facilities shall be submitted for review and approval of the Community Development Department. The applicant shall submit a landscape/fencing plan for the property line additionally bordering the properties along Hansen Lane and Mrack Road (Lots 252-261) for the review and approval of the Zoning Administrator. Removal of any mature trees along this property line shall be subject to the review and approval of the Zoning Administrator. The applicant shall submit a second statement from an arborist or trained nurseryman on the condition of any trees proposed for removal . The applicant shall make a good faith effort to contact the adjoining property owners to learn of their preferred fence design. A covenant shall be placed on Lots 252-261 to advise future property owners 'that these lots adjoin livestock operations. 15. All construction and transport equipment shall be muffled in accordance with State and Federal requirements. 16. Grading operations shall occur during dry periods to the extent feasible, consistent with the Grading Ordinance. 17. The applicant shall develop, in conjunction with the County Building Inspection Department, a program to minimize erosion and generation of dust resulting from grading operations. 18. The applicant shall submit a noise attenuation study for the review and approval of the Zoning Administrator. The study shall address ultimate traffic flows along Crow Canyon Road. The study shall propose suitable soundwall design to protect residents from unacceptable noise levels. 19. Prior to issuance of building permits, plans, elevations and materials of construction shall be approved by the Zoning Administrator for the produc- tion lots. 20. The proposed landscape buffer along Camino Tassajara shall be maintained by a lighting and landscape maintenance district. 21. All residences will provide for a lighted street address which is plainly visible from the street. 22. Comply with the requirements of the County Geologist as follows: A. During construction .of subdivision improvements, all landslides within 100 feet of planned structures, roadways, underground utility lines, or parcels of 12,000 square feet or less shall be removed, repaired, or retained to the satisfaction of the Planning Geologist. 4. B. The standard cut slope gradient within this development is three horizontal to one vertical (3:1) or flatter south of "T" Street except for cuts five feet or less in height not in an identified landslide. Cuts in this area may also be designed at 2:1 or flatter if they are over-excavated and buttressed as engineered fill . Fill slopes more than 30 feet in height shall be appropriately explored, foundation conditions tested, and the slopes analyzed for safety under loads of an earthquake acceleration of 35% of gravity. Each analysis is subject to review and approval of the Planning Geologist. C. Prior to issuance of building permits in each phase of this develop- ment submit "as-graded" plan and final rough grading report. "As-graded" plan shall show landslides and lithologic units as mapped during grading under the supervision of an engineering geologist, plan and profile of all repaired landslides, and plan and profile of surface and subsurface drainage facilities, all as surveyed by the Civil Engineer for the project. Final grading report shall contain general descriptions of stability control features installed for each .numbered landslide in the phase; and statements of the engineering geologist, soil engineer and civil engineer that the work was satis- factorily installed in accordance with their recommendations. D. Landslide 6 shall be repaired at the time of grading for improvement of "0" Court or "M" Court, whichever is improved first. Landslides 12, 13, and 14 shall be repaired no later than the time of grading for improvement of "P" Court or "N" Court, whichever is first. E. Final maps and grading and building construction plans shall show and observe level setbacks of slopes from parcel lines and habitable structures including garages and swimming pools. Setback area widths shall be half (1/2) the height of the adjacent slope but not more than 20 feet nor less than 4 feet. At any time or place, if County ordinance is more restrictive than this condition, ordinance shall govern. F. Final maps for phases of this development shall be recorded after landslides affecting that phase have been repaired or bonded. If improvements are to be bonded but not installed, a grading bond will be required. The grading bond amount shall be based on the total grading estimated by the civil engineer including earth removal and replacement surface and subsurfaced drainage facilities and appurtenances, and required accessory materials as the geotechnical engineer, civil engineer, or County recommends. G. All drainage facilities installed or to be installed in open space and private parcels of this development shall be placed in easements making the facilities accessible for repair. Recorded documents such as CC and R's shall prohibit construction of structures except for purposes of drainage and stability within said easements. 5. H. All grading for improvements in hillside areas of this subdivision with a slope greater than 10 percent shall be restricted to the period between April 30 and October 15. Upon request by the applicant, alternative grading periods may be approved by the Zoning Administrator. All graded or cleared slopes of more than 10 percent shall be protected from erosion by hydromulching or landscaping on tacked jute netting during the rainy season from October 15 through April 30. Drainage facilities required to control erosion shall be maintained by developer until improvements are accepted by County or handed to homeowners association(s) . 23. Comply with the following drainage, road improvement, traffic and utility requirements: 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. B. The following exception to Title 9 is permitted for this subdivision: 1) Chapter 96-8 (Sidewalk and Paths) , as indicated on the Vesting Tentative Map. C. Construct frontage improvements along Camino Tassajara as follows: 1) Construct curb (face of curb located 12 feet from the widened right of way line) and an 8-foot wide meandering pedestrian and bike pathway. Provide a planter strip, having a minimum width of 2 feet, between the curb and pathway. The pathway shall be free of obstructions and shall have 2 feet of clearance, at least, from obstructions on both sides. 2) Construct Camino Tassajara as a new - 34-foot half-width roadway including necessary drainage, extending as necessary to provide standard transitions to the roadway at both ends of the develop- ment. 3) Construct a half-width raised median strip. 4) Those portions of the pathway not within the right of way shall be located within a public access and utility easement. 5) Provide full channelized median openings with 300-foot single left-turn storage lanes and standard transitions, at the inter- sections of "A" Street and "B" Street with Camino Tassajara by widening into the median area. 6. 6) Landscape the border strip (sidewalk area) and median, subject to approval by the Zoning Administrator; and: a) Design the irrigation system so that irrigation water will not spray or flood onto the pavement surface of the roadway; and b) Establish a landscape maintenance entity subject to approval of the Public Works Department. 7) Coordinate the installation of utility installation and frontage improvements so as to cause minimum inconvenience to the public to include the following: a) Prior to construction, submit a detailed plan, to the Public Works Department, showing improvements to be constructed, conforms with existing and/or adjacent improvements, pave- ment striping details, and staging plans. b) Paving of all detours. Any exceptions will be subject to review and approval of the Public Works Department. c) Limiting unavoidable delays to the public due to construction operation to no more than five (5) minutes. 8) Execute a deferred improvement agreement to pay for half the cost of a traffic signal at the intersection of "A" Street and Camino Tassajara when the signal is warranted. 9) Constructing, if required by the transit authority, a standard concrete bus turnout at a location subject to review and approval by the transit authority and providing public utility easements as necessary for the turnout and accessories. D. Convey to the County, by Offer of Dedication, additional right of way as necessary along the frontage of Camino Tassajara. The required right of way will be fourteen (14) feet greater than that shown on the precise alignment plan for Camino Tassajara (Drawing PA 4721C-80, Sheets 10 and 11) , except that the required right of way will be reduced at the easterly property line, as determined by the Public Works Department, to the amount shown on the precise alignment plan. The alignment of this additional right of way shall be subject to review and approval of the Public Works Department. E. Convey to the County, by Offer of Dedication, the Hansen Lane Right of Way between the site and Camino Tassajara. F. Relinquish abutter's rights of access along all curb returns within the subdivision. 7. G. Relinquish abutter's rights of access along Camino Tassajara with the exception of the access roads as shown, on the Tentative Map. H. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards: 1) "A Street, at its intersection with Camino Tassajara, shall be a 56-foot roadway within a 76-foot right of ways. This will provide for one 20-foot inbound lane, a 4-foot raised median, and 2 outbound lanes (12 feet and 20 feet) with 10-foot borders. This widened section of the access road shall have a standard transition to the 40-foot roadway within a 60-foot right of way to the north. I . Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. J. 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.. K. Convey to the County of Contra Costa, by Grant Deed, the future "development rights" over that portion of the property traversed by natural watercourses. The area for which the "development rights" are to be deeded shall be determined by using the criteria outlined in Chapter 914-10, "Easements", of the Subdivision Ordinance. L. Design and construct the on-site detention facilities in accordance with the policies and standards of the Contra Costa County Flood Control District. M. Establish a public entity, subject to Public Works Department approval , to provide for perpetual maintenance of the detention basin facilities. N. The on-site detention basins and the related maintenance access roads shall be placed within public easements. 0. The applicant shall mitigate the off-site traffic impact of this development by the following: 1) Contributing $4,900 per dwelling unit for off-site road improve- ments. In accordance with Condition 23. 0. (2) below, the first portion of this contribution, equal to applicant's required Crow Canyon Road Extension Fee Benefit Area fees, shall be deposited into a separate County account entitled "Crow Canyon Road Extension-Area of Benefit" (Fund No. 819600) . The remaining portion will be placed in a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements in the Camino 8. Tassajara/Sycamore Valley area including projects within the cities of Danville and San Ramon. This portion of the fee will be adjusted annually, beginning on January 1, 1989 to reflect the Bay Area Consumer Price Construction Cost Index, measured from January 1, 1988. 2) Participating in the Crow Canyon Road Extension Fee Benefit Area as follows: (a) The applicant shall participate in the Crow Canyon Road Extension Fee Benefit Area in accordance with Board of Supervisors Resolution No. 86/36 :and County Ordinance No. 86-11 and the County's Reimbursement Agreement with Blackhawk, dated September 16, 1986 (approved by Board of Supervisors Resolution No. 86/560) and any and all subse- quent actions in furtherance thereof. Applicant shall pay . to the County the Fee Benefit Area fees prior to the approval and filing of a final or parcel map. Applicant shall pay the Fee Benefit Area fees in effect at the time of approval of the final or parcel map and said fees shall be deposited into a separate County account entitled "Crow Canyon Road Extension-Area of Benefit (Fund No. 819600) for reimbursement to Blackhawk. Pursuant to County's Joint Exercise of Powers Agreement with Danville and San Ramon, dated February 10, 1987, if the subject property is subse- quently annexed to either city, the obligation to pay such fees shall continue. (b) If any portion of the property is subsequently developed in such a manner so as not to require a final or parcel map for that portion, the application shall participate in the Crow Canyon Extension Fee Benefit Area in accordance with Board of Supervisors Resolution No. 86/36 and County Ordinance No. 86-11, and the County's Reimbursement Agreement with Blackhawk, dated September 16, 1986 (approved by Board of Supervisors Resolution No. 86-560) and any and all subse- quent actions in furtherance thereof. The applicant shall pay to the County the Fee Benefit Area fees applicable to that portion of the property in effect at the time of issuance of any building permit and said fees shall be deposited into a separate County account entitled "Crow Canyon Road Extension-ARea of Benefit (Fund No. 819600) for reimbursement to Blackhawk. Pursuant to County's Joint Exercise of Powers Agreement with Danville and San Ramon, dated February 10, 1987, if the subject property is subse- quently annexed to either city, the obligation to pay such fees shall continue. P. Mitigate the impact of construction traffic generated by this develop- ment as follows: 9. (1) Contribute $477 per dwelling unit to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements desig- nated for rehabilitation of that portion of Camino Tassajara that lies between the easterly boundary of the Blackhawk Development and I-580 in Alameda County. This fee will be adjusted annually, beginning on January 1, 1989 to reflect the Bay Area Consumer Price Construction Cost Index, measured from January 1, 1988. Q. At the completion of construction of the on-site road system (or later, as determined by the Public Works Department) , restore Camino Tassajara between the site and Leema Drive by making structural repairs, as necessary at selected locations; and overlaying the road subject to the direction and approval of the Public Works Department. The applicant will be eligible for partial reimbursement of the cost of these improvements by pending and future Camino Tassajara developments based on a pro-rata share as determined by the County. R. Participate in the development of an Alamo Creek watershed protection plan by jointly, with the other developments in the watershed: 1) Retaining a private engineering firm to develop the plan; such plan subject to review and approval of the Flood Control District; OR 2) Requesting the Flood Control District to act as a lead agency in the development of the plan. 3) If joint action with the other developments does not materialize, the applicant must mitigate storm water run-off flowing onto and from the site, from the ultimate development of the watershed, by constructing drainage improvements which will maintain the rate of run-off from the site (or at an acceptable point downstream of the site) at the current rate of run-off; such improvements subject to review and approval of the -Flood Control District. S. Provide funds for implementing the planned Alamo Creek watershed protection facilities by contributing, prior to the filing of the Final Map for Subdivision 6737, a drainage fee not to exceed $0.25 per square foot of added impervious surface area per the Impervious Surface Fee Ordinance criteria. The applicant will receive credit against this fee for costs of constructing drainage improvements that are part of the drainage plan. This condition will satisfy the requirements of any Drainage Fee Ordinance that is adopted for the area. If a drainage plan has not been developed (either through joint action of the various developments or by the formation of a Drainage Area) , the applicant must mitigate storm water run-off flowing onto and from the site, from .the ultimate development of the watershed, by constructing drainage improvements which will maintain the rate of run-off from the site (or at an acceptable point downstream of the site) at the current rate of run-off; such improvements subject to review and approval of the Flood Control District. 10. T. Prior to issuance of building permits, file the Final Map for Subdivision 6737. U. Submit a detailed sketch plan of the required road improvements at the intersections of "A" Street and "B" Street with Camino Tassajara, for Public Works Department review and approval , prior to submitting improvement plans. V. Prior to filing the Final Map, apply for vacation of applicable public utility easements and pay the required fees. THE FOLLOWING STATEMENT IS ADVISORY ONLY AND DOES NOT CONSTITUTE A CONDITION OF APPROVAL. 1. Comply with the requirements of the San Ramon Valley Fire Protection District. 10/29/86 12/11/86 12/30/86 3/10/87 4/1/87 4/14/87 6/8/87 RZIV/2665-RZC.RD ORDINANCE NO. 87-40 Re-Zoning Land in the San Ramon Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page T-19, U-19 of the County's 1978 Zoning Map (Ord. No. 78-93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Community Development Department File No. 2665-RZ ) FROM: Land Use District A-4 ( Agricultural Preserve ) TO: Land Use District P-1 (Planned Unit Development ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. A•4 Y Q r•i} m ✓ P•7 �tqX. .2 E (A 1 r3 \ARq -- SECTION H. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED on June 16 , 1987 by the following vote: Supervisor Ave No Absent Abstain 1. T. M. Powers ( X) ( ) ( ) ( ) 2. N. C. Fanden ( X) ( ) ( ) ( ) 3. It. I. Schroder ( X) ( ) ( ) ( ) 4. S. W. McPeak ( X) ( ) ( ) ( ) 5. T. Torlakson ( ) (g} ( ) ( ) ATTEST: Phil Batchelor, County Administrator Lrn�(/ and Clerk of th Board of Supervisors Chairman of the Board By ° , Dep. (SEAL) ORDINANCE NO.87-40 2665-RZ Stedman