HomeMy WebLinkAboutMINUTES - 03221988 - 2.1 (2) TO: BOARD OF SUPERVISORS C<rtra
FROM: HARVEY E. BRAGDON, Costa
DIRECTOR OF COMMUNITY DEVELOPMENT
County
DATE: MARCH 8, 1988
SUBJECT: SHADOW CREEK DEVELOPMENT AGREEMENT - REVISED
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as adequate.
2. Find that the attached revised development agreement is
consistent with the County General Plan and conditions of
approval for the Shadow Creek development.
3 . Adopt the attached Ordinance for the Shadow Creek Development
Agreement. ((Ordinance No. 188-30)
4. Authorize the Director of Community Development to sign and
execute the Agreement after it has been duly signed by the
applicant, Dame' Construction Company.
BACKGROUND/REASONS FOR RECOMMENDATIONS.
This matter was initially scheduled for hearing before the Board on
January 19, 1988. but was rescheduled at the request of Mr. Paul
Speroni to allow him an opportunity to review the proposed agree-
ment.
On February 1, 1988 the Town of Danville submitted a letter (at-
tached) itemizing several objections to the proposed development
agreement. The Danville letter identified four aspects of the
proposed January 19, 1988 agreement as objectionable.
A. The proposed agreement provided that the terms of the agree-
ment would become binding on Danville in the event of nexa-
tion.
CONTINUED ON ATTACHMENT: x YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO N OF 4SMARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 22 . 1988 APPROVED AS RECOMMENDED �_ 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.
cc: Community Development (Orig. ) ATTESTED March 22, 1988
County Administrator PHIL BATCHELOR, CLERK OF
Public Works Department THE BOARD OF SUPERVISORS
County Counsel AN COUNTY ADMINISTRATOR
Dame' Construction Company (Via CDD)
Town of Danville (via CDD) BY , DEPUTY
Anthony A. Dehaesus (via CDD)
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Shadow Creek Development Agreement
Revised -- Page Two
B. The proposed agreement specified that payment of required
off-site traffic, road reconstruction and park dedication fees
could not be collected earlier than the certificate of occu-
pancy, notwithstanding the terms of another (related) agree-
ment
greement that the County entered into with San Ramon and Danville.
Danville has indicated that that agreement requires fees to be
paid at an earlier stage.
C. The letter from Danville went further to request that certain
development impact fees be paid at the time of the filing of
the Final Map.
D. The letter objected to the County having to share with Dame'
Construction Company the costs incurred by the annual review
of said agreement.
Government Code Section 53077. 5 ( "Leonard Act" )
The time of the payment of development fees for an approved project
is largely governed by Section 53077.5 of the Government Code
(so-called "Leonard Act" ) . That statute provides that local
agencies may not collect fees on residential development until
either the date of the certificate of occupancy or date of final
inspection, whichever occurs first, unless an account has been
established by the agency and funds appropriated, and for which the
local agency has a proposed construction schedule or plan prior to
the final inspection stage. In that case, the local agency may
collect the fees at an earlier date.
At the date of this writing, the only fees which the County is
eligible to collect at the Final Map filing is the Crow Canyon Road
Benefit Area Fee and the Alamo watershed protection facility
(drainage) fee. Milt Kubicek, Deputy Director of the Public Works
Department, has indicated that the County is not currently in a
position to satisfy the Leonard Act criteria for collection of fees
for off-site traffic and road rehabilitation fees.
State law requires the developer to pay school impact fees directly
to San Ramon Valley Unified School District. The County is not a
party to the collection of these fees.
Park Dedication Fees
In approving the Shadow Creek project, the Board of Supervisors
required that park dedication fees required of this projection be
entirely allocated to a nearby planned park site within Danville.
However, the Board' s action did not require that these fees would
be paid directly to Danville.
At the suggestion of staff, Danville submitted a second letter
(attached) dated February 25 , 1988 . That letter identifies actions
which Danville has taken to develop the park.
To date, the County has taken no action to satisfy the requirements
of the Leonard Act criteria to permit early collection of park
dedication fees; nor has Danville previously requested that the
County accept Danville' s actions as satisfying the requirements of
the Leonard Act. In this respect, State law would preclude the
County from requiring the collection of park dedication fees
earlier than the certification of occupancy stage.
Revised Development Agreement
Based on the comments of the Town of Danville, staff has determined
that a number of revisions to the agreement would be reasonable.
These revisions have been included in the attached agreement. The
changes are summarized below:
A. The requirement that the agreement become binding on an
annexing city has been deleted.
Shadow Creek Development Agreement
- Revised -- Page Three
B. Traffic, road reconstruction, and park dedication fees may be
collected at an earlier stage (i.e. , filing of Final Map or
issuance of building permits) if the County is able to satisfy
the Leonard Act criteria for the respective task.
C. The costs incurred for annual review will be born entirely by
Dame' Construction Company.
County Counsel has reviewed the revised Development Agreement, and
agrees with the changes. Dame ' Construction Company has reviewed
and consented to these revisions.
Town of Danville Position
The Town of Danville has also reviewed the revised development
agreement and submitted their comments in a third letter dated
March 4, 1988. The Town maintains that it would be appropriate
with a development agreement for the County to require payment of
required fees at the earliest stage (i.e. , filing of the Final
Map) .
Staff has considered this request, but feels that such a modifica-
tion would not be consistent with the manner in which the County
has treated other development agreements of projects in the San
Ramon Valley area.
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Attachments: 1) Shadow Creek Development Agreement (Revised)
2) Letters from Town of Danville dated February 1 & 25, 1988 and
March 4, 1988
3 ) Shadow Creek Development Agreement Ordinance
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SHADOW CREEK DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA COSTA
AND DAME CONSTRUCTION COMPANY, INC. RELATIVE TO THE
DEVELOPMENT KNOWN AS SHADOW CREEK
This DEVELOPMENT AGREEMENT (hereinafter "Agreement") is entered into
on , 1988, (the "effective date") by and between Dame
Construction Company, Inc. , a California corporation (hereinafter "DAME'll)
and the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California (hereinafter "COUNTY") , pursuant to the authority of §65864
through §65869.5 of the Government Code of the State of California.
RECITALS
A. To strengthen the public planning process, encourage private
participation and comprehensive planning and reduce the economic risks of
development, the legislature of the State of California adopted §65864
et. seq. of the Government Code (the "Development Agreement Statute") ,
which authorizes the COUNTY to enter into a property development agreement
with any person having a legal or equitable interest in real property for
the development of such property in order to establish certain development
rights in the property which is the subject of the development project
application.
B. DAME' is a corporation organized under the laws of the State of
California and is in good standing thereunder.
C. DAME' owns in fee or otherwise retains a legal or equitable
interest in those certain parcels of land, the legal description of the
real property for which is attached hereto as Exhibit "A" and made a part
hereof for all purposes. The project and the project site are hereinafter
referred to as SHADOW CREEK. DAME' is developing SHADOW CREEK as a project
of 192 acres including 429 residential units consisting of single family
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lots. The project site plan is shown in Exhibit "B" which includes -the
final development plan on the Vesting Tentative Subdivision Map dated
February, 1987, attached hereto and made a part hereof for all purposes.
D. On November 27, 1984, the Contra Costa County Board of
Supervisors ("BOARD") certified a Final Environmental. Impact Report (EIR)
pursuant to the California Environmental Quality Control Act (CEQA) (Public
Resources Code §§21000 et. seq. ) , which Final EIR analyzed the proposed
general plan amendment to accommodate a development such as the SHADOW
CREEK project. A copy of the Final EIR approval as per CEQA is attached
hereto as Exhibit "C "
E. The BOARD approved the County General Plan Amendment for the
Hansen Lane on December 18, 1984. Resolution No. 84-783 is attached hereto
is Exhibit "D" and made a part hereof for"-ail purposes.
F. DAME' and the County of Contra Costa ("COUNTY") have entered the
development process with DAME' having submitted a request for rezoning to
Planned Unit District, a preliminary development plan, Final Development
Plan, and a Tentative Subdivision Map for Shadow Creek. By its actions of
April 1, 1987, the San Ramon Valley Regional Planning Commission
recommended the approval of the rezoning request. to a Planned Unit District
(County File 2665-RZ) , including a preliminary development plan and a Final
Development Plan (County File 3010-86), and approved a Tentative Sub-
division Map 6737 (Resolution . 17-1987, adopted April 15, 1987) . By its
action of June 16, 1987, the Board approved the rezoning (2665-RZ) and
Final Development Plan (3010-86). Such approvals were made by a Board
Order adopted on June 16, 1987. A copy of the Board Order and its
respective exhibit is attached hereto as exhibit (E,) and is made a part .
,,hereof for all purposes. Pursuant to the Notice of Intent to use this.
prior EIR, the San Ramon Valley Regional Planning Commission and the BOARD
certified such ;:EIR for use for the above-referenced applications and
entitlements.
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G. DAME' is desirous of entering into an Agreement with the COUNTY
as it begins the long-term development process for SHADOW CREEK, which will
commence and continue pursuant to various COUNTY approvals and conditions
required by the COUNTY; all of which have resulted in and will continue to
result in, large expenditures of monies by DAME' .
H. The application for approval of this Agreement and the
appropriate CEQA documentation required for approval of this Agreement were
considered by the COUNTY Zoning Administrator on , 1987.
After conducting a duly noticed public hearing, the Zoning Administrator,
the hearing body for purposes of development agreement review pursuant to
Government Code §65867 and local procedures, considered this Agreement and
recommended the adoption of this Agreement.
I. Following consideration of CEQA; the Board, after conducting a
duly noticed public hearing, approves this Agreement by adopting an
ordinance, which ordinance is incorporated by reference in this Agreement
as though fully set forth and the Board shall authorize the execution of
this Agreement and find that the provisions of this Agreement are
consistent with the General Plan.
J. Development of SHADOW CREEK in accordance with all conditions of
approval and the terms and conditions of this Agreement will provide for
orderly growth in accordance with the policies and goals set forth in the
General Plan.
K. For the reasons recited herein, DAME'- and the COUNTY have deter-
mined that SHADOW CREEK is a development for which this Agreement is
appropriate. This Agreement will in turn eliminate uncertainty in planning
for and secure orderly development of SHADOW CREEK, ensure progressive
installation of necessary improvements, provide for public services
appropriate to each stage of its development, ensure attainment of the
maximum effective utilization of resources within the COUNTY at the least
economic cost to its citizens, and otherwise achieve the goals and purposes
for which the Development Agreement Statute was enacted. In exchange for
these benefits to the COUNTY, DAME' desires to receive the assurance that
it may proceed with SHADOW CREEK in accordance with the existing
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ordinances, resolutions and regulations, subject to .the terms and
conditions contained in the Agreement consistent with ,the intent of the
COUNTY in adopting this Agreement pursuant to the Development Agreement
Statute.
AGREEMENT
Section 1. General Provisions
A. Covenants. It is intended and determined that the provisions of .
this Agreement shall constitute covenants which shall run with the land
comprising SHADOW CREEK for the benefit thereof. Its burdens and benefits
shall bind and inure to the benefit of all successors in interest to both
parties hereto.
B. Term. The term of this Agreement shall commence upon the
effective date and shall expire fifteen (15) years thereafter, unless said
term is otherwise terminated, modified or extended by circumstances set
forth in this Agreement or by mutual consent of the parties hereto.
Following the expiration or termination of said term, this Agreement shall
be deemed terminated and of no further force and effect; provided, however,
such termination shall not automatically affect any right or duty arising
from COUNTY entitlements on SHADOW CREEK approved concurrently with or
subsequent to the approval of this Agreement.
C. Assignments. Either party may assign or transfer any of its
interest, rights or obligations under this Agreement. During the term of .
this Agreement, any such assignee or transferee shall assume, observe and
perform all - of the obligations of DAME' under this Agreement pertaining to
t,--the assigned or transferred portion of the project or project site, and
upon receipt by the County of written notice of such transfer DAME' shall
be relieved of the duties and obligations to the County so assumed.. ,
D. Amendment of Agreement. This Agreement may be amended from time
r..to time by mutual consent of the original parties or such party to which an
assignment or. which assumes all or any portion of its interest in this
Agreement, in accordance with the provisions of Government Code §65867 and
§65868 and provided that:
(1) Any amendment to this Agreement which does not relate to the
term, permitted uses, density or intensity of use, height or size of
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building; provisions for reservation and dedication of land, conditions,
terms, restrictions and requirements relating to subsequent discretionary
actions, monetary contributions by DAME' or any conditions or' covenants
related to the use of the project site, shall not require notice or public
hearing before the parties may execute an amendment hereto; and
(2) Any other amendment by this Agreement shall follow the
COUNTY's procedures and requirements for the consideration of Development
Agreements then in effect.
E. Amendment of Development Plan and Conditions of Approval .
Except as otherwise expressly provided, SHADOW CREEK shall proceed in
accordance with the development concept, designations, terms and conditions
of the Vesting Tentative Subdivision Map, its conditions of approval and
the Final Subdivision Map when recorded. --Upon the written request of
DAME' , the Vesting Tentative Subdivision Map, conditions of approval and
the Final Subdivision Map when recorded may from time to time be amended or
modified in the manner set forth in the COUNTY Ordinance Code. Such
amendment or modification shall not be deemed to constitute or require an
amendment or modification to this Agreement and this Agreement shall be
automatically applicable thereto unless otherwise provided.
Section 2. General Development of the Property.
A. Development and -Control of Development. DAME' shall develop
SHADOW CREEK in accordance with the terms and conditions of this Agreement
and the COUNTY prior approval , and the COUNTY shall control its development
in accordance with the terms and conditions of this Agreement.
B. Permitted Uses. The permitted uses of SHADOW CREEK, the density
and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservatons or dedication of land for public
purposes and location of public improvements and other terms and conditions
of development applicable to the SHADOW CREEK project, shall be as set
forth in this Agreement, the Vesting Tentative Subdivision Map and the
conditions of approval ; provided, that the size, configuration,
height and location of buildings shown on such plans are also subject to
change in accordance with Section 1.E above. The COUNTY is bound in
respect to the uses permitted by this Agreement only insofar as this
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Agreement so provides or as otherwise set forth. in law and ordinance. The
COUNTY hereby agrees that land use is approved or will be approved pursuant
to this Agreement, provided that DAME' satisfactorily complies with all
preliminary procedures, actions, payments, and criteria generally required
of developers by the COUNTY for processing applications for development.
The COUNTY agrees to grant other approvals including, ,but not limited to,
building permits, final subdivision maps, grading plans and lot line
adjustments that will accomplish the goals, objectives, policies and plans
_. shown and described in the Vesting Tentative Subdivision Map and its
conditions of approval . DAME's failure to develop the project site shall
not result in liability of DAME' except as provided for in this Agreement.
C. Rules, Regulations and Official Policies.
(1) Except as otherwise provided in this Agreement, the rules,
regulations, official policies and conditions of approval governing
permitted uses of the property, development, density or intensity of use,
design, improvement, construction and building standards, occupancy and
" specifications applicable to the SHADOW CREEK project shall be those rules,
regulations and official policies in force at the time of the effective
date of this Agreement.
(2) This section shall not preclude the application to the
development of SHADOW CREEK of changes in COUNTY laws, regulations, plans
or policies, the terms of which are specifically mandated and required by
changes in state or federal laws or regulations as provided for .in .
Government Code §65869.5. In the event such changes in state or federal
laws or regulations prevent or;-..preclude compliance with one or more
provisions of this Agreement, such provisions shall be modified or .
suspended as may be necessary to comply with such changed laws or
regulations.
(3) This section shall, not be construed to limit the authority
of the COUNTY to charge processing fees for land use approvals, building
permits and other similar permits and entitlements which are in force and
effect on a COUNTY wide basis at the time those permits are applied for.
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(4) DAME' shall be responsible for the payment of',fees to be
prescribed in the conditions of approval. . The, COUNTY cannot increase any of
the aforementioned fees during the construction of SHADOW CREEK, except for
processing fees. ' In addition, no additional conditions, exactions, dedica-
tions, regulations, or fees, through the exercise of either the police power
or taxing power, can be imposed by the COUNTY on the development of the SHADOW
CREEK project, except as provided in this Agreement.
D. Fees, Conditions, and Dedication.
DAME' shall make only those dedications and pay only those fees expressly
prescribed in the Conditions of Approval , previously adopted, except for
processing fees, final maps, building permits, and other future entitlements.
The COUNTY shall collect fees at the time of the filing of the Final Map or
the issuance of building permits, whichever occurs first, to the extent
allowed by California Government Code §53077.5(b) , otherwise as provided by
California Government Code §53077.5(a) . In particular, in accordance with -
Condition 23.0.(2) of the Conditions of Approval , the parties understand and
agree that SHADOW CREEK shall pay the Crow Canyon Road Extension Fee Benefit
Area fees prior to the approval and filing of a final or parcel map. The .
COUNTY cannot increase any of the aforementioned fees during the construction
of SHADOW CREEK. Development impact or mitigation fees and obligations shall
not be added or subject to future modification except as provided in the
Conditions of Approval . It is further understood that nothing in this
Agreement shall restrict the authority of the COUNTY to levy assessments for
any landscaping, lighting, or maintenance district or voter-approved benefit
district in which the property covered by this Agreement is located, or to
exercise its general taxing power or to impose taxes on a County-wide basis to
include this property.
Section 3. Parcel C. Parcel C of Subdivision. Map 7041 is the Final Map
designation for that -Subdivision when it is recorded as a Final Map.
Presently, Parcel C of Subdivision 7041 is identified in Tentative Map 6737,
which is attached hereto, as Parcels F, G, H and I. The COUNTY shall collect
fees applicable fees to Parcel C at the time of the filing of the Final Map or
the issuance of building permits, whichever occurs first, to the extent
allowed by California Government Code §53077.5(b) , otherwise as provided by
California Government Code §53077.5(a) . In particular, in accordance with
Condition 23.0. (2) of the Conditions of Approval , the parties understand and
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agree that SHADOW CREEK shall pay the Crow Canyon Road Extension Fee
Benefit Area fees prior to the approval and filing of 'a Final or, parcel
map.
Section 4. Obligations or Contributions of Dame' . In consideration of
the COUNTY entering into this Agreement, DAME' has agreed to perform
certain obligations with respect to improving the SHADOW CREEK property
which the COUNTY contemplates will have an overall benefit on the Tassajara
Valley area.
Section 5. Defaults, Remedies, Termination.
A. General Provisions. Failure or unreasonable delay by either
party to perform any term or provision of this Agreement for a period of
thirty (30) days after written notice thereof from theother party shall
constitute a default under this Agreement, subject to extension of time by
mutual consent in writing. Said notice shall specify the nature of the
alleged default and the manner in which said default may be satisfactorily
cured. If the nature of the alleged default is such that it cannot
reasonably be cured within such thirty (30-) day period, the commencement of
the cure within such time period and the diligent prosecution to completion
of the cure shall be deemed a cure within such period. ' Subject to the
foregoing, after notice and expiration of the thirty (30) day period,
without cure, the other party to this Agreement, at its option, may
institute legal proceedings pursuant to this Agreement and/or give notice
of intent to terminate the Agreement pursuant to Government Code §65868:
Following such notice of intent to terminate, the matter shall be scheduled
for consideration and review by' the Board within thirty (30) calendar days
in the manner set forth in Government Code §65865, §65867, and §65868.
Following consideration of. the ,.evidence presented in said review before the
Board, the party alleging the default by the other party may give written
notice of termination of this Agreement to the other party.
Evidence of default may also arise in the course of regularly
scheduled annual review of the Agreement as described in section 4.b below.
B. Annual Review. Each year beginning 1989, the
COUNTY shall review the extent of good faith compliance by DAME' with the
terms of this Agreement. Such annual review shall be conducted in
accordance with the COUNTY Development Agreement procedures. Such periodic
reviews shall be limited in scope to compliance to the terms of this
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Agreement pursuant to Government. Code §65865.1. The costs incurred by
COUNTY in connection with the annual review hereunder shall be paid by
DAME' .
C. Default by COUNTY. In the event COUNTY or its successors in
interest does not accept, review, approve or issue necessary development
permits, entitlements, or other land use or building approvals for use in a
timely fashion as provided in this Agreement, or as otherwise agreed to by
the parties, or the COUNTY otherwise defaults under the terms of this
Agreement, DAME' shall have all rights and remedies provided herein or
under applicable- law, except damages for breach of contract.
In the manner prescribed in Section 11, the COUNTY shall deposit in
the mail to DAME' a, copy of all final public staff reports and, to the
extent practicable, related exhibits concerning DAME's performance
hereunder at least ten (10) days prior to such period review. DAME' shall
be permitted an opportunity to respond to the COUNTY's evaluation of DAME's
performance, orally at public hearing, or in a written statement, or both,
at DAME's election. Such response shall be made to the Board, or if the
matter has been referred to the Planning Commission, then to the Planning
Commission.
D. Enforced Delay; Extension of Time of Performance. In addition to
specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default for delays due to war,
insurrection, strikes, walkouts, riots, moratoria, floods, earthquakes,
fires, casualties, acts of God, governmental restrictions imposed or
mandated by other governmental entities, enactment of conflicting state or
federal laws or regulations, judicial decisions, economic conditions, or
similar bases for excused performance which is not within the reasonable
control of the party to be excused. If written notice of such delay is
given to either party within thirty (30) days of the commencement of such
delay, an extension of time for such cause will be granted in writing for
the period of the enforced delay, or longer as may be mutually agreed upon,
so long as the delay in providing written notice does not materially
prejudice the other party.
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E. Legal Action. Either party may, in addition to any other rights
or remedies, institute legal action in the Superior Court of Contra Costa
County to cure, correct, or remedy any default, enforce the Agreement or
any covenant herein, enjoin any threatened or attempted violation or .
enforce by specific performance the obligations and rights of the parties
hereto.
F. Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
;'. Section 6. Hold Harmless. DAME' hereby agrees to and shall defend, save,
and hold COUNTY and its elected and appointed boards, commissions,
officers, agents, employees, and successors in interest harmless from any
and all claims, costs, and liability for any damages, personal injury or
death, which may arise, directly or indirectly, from DAME' or DAME's
contractors' , subcontractors' , agents' or employees' operations under this
Agreement, whether such operations be by DAME' or by, any of DAME's
contractors, ,subcontractors, by any one or more persons directly or
indirectly employed by, or acting as agent for DAME' or any of DAME's
contractors or subcontractors.
Section 7. No Joint Venture or Partnership. COUNTY and DAME' hereby
renounce the existence of any form of joint venture or partnership between
ahem, and agree that nothing contained herein or in any document executed
in connection herewith shall be construed as making COUNTY and DAME' joint
venturers or partners.
-Section 8. Cooperation--Implementation.
A. Processing. Upon satisfactory completion by` DAME' of all
required preliminary actions and payments of appropriate processing -fees,
,.—if any, COUNTY. shall promptly commence and diligently proceed to complete
all required steps necessary for the implementation of this Agreement and .
the development by DAME' of the SHADOW CREEK project is accordance with the
Tentative Subdivision Map, Final Development Plan and the conditions of
,. approval including but not limited to the following: .
(1) All required public hearings.
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(2) The processing and checking. of all maps, plans, land use
permits, building plans and specifications and other plans relating to the
development of SHADOW CREEK, filed by DAME' , and related matters as neces-
sary for the completion of the development of residential units on all lots
and parcels and related development comprising the SHADOW CREEK project.
In this regard, DAME' will , in a timely manner, provide COUNTY with all
documents, applications, plans and other information necessary for the
COUNTY to carry out its obligations hereunder and cause DAME's planners,
engineers, and all other consultants to submit in a timely manner all
required materials and documents therefor. If, during the pendency of a
building permit under which no work has commenced, there are changes in the
Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, or
National Electrical Code relating to life safety issues, the COUNTY's Chief
Building Inspector, at his discretion, shall have the right to apply such
changed life safety requirements to the work authorized by the pending
building permit. It is the expressed intent of this Agreement that all
parties cooperate and diligently work to implement any other land use
approvals or building approvals required for SHADOW CREEK in accordance
with the Tentative Subdivision Map and- its conditions of approval .
B. Other Governmental Permits. In addition, DAME' shall apply in a
timely manner for such other permits and approval as may be required from
other governmental or quasi-governmental agencies having jurisdiction over
the SHADOW CREEK property as may be required for the development of or
provision of services to the SHADOW CREEK project. The COUNTY shall
cooperate with DAME' in its endeavors to obtain such permits and approval
and shall , from time to time at the request of DAME' , attempt with due
diligence and in good faith to enter into binding agreements with any such
entity in order to assure the availability of such permits and approvals or
services, provided such agreements are reasonable and not detrimental to
the COUNTY. Such agreements may include, but are not limited to, joint
powers agreements pursuant to the provisions of the Joint Exercise of
Powers Act or the provisions of other laws, in order to create legally
binding, enforceable agreements between such parties. To the extent
allowed by law, DAME' shall be a third party beneficiary thereof, entitled
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to enforce for its benefit on behalf of COUNTY or in its own name, the
rights of COUNTY or DAME' thereunder. or the duties and obligations of the
parties thereto. DAME' shall reimburse COUNTY for all" costs and expenses
incurred in connection with seeking and entering into any such agreement,
provided that DAME' has requested same. DAME' shall defend COUNTY in any
challenge by any persons to any such agreement, and shall reimburse COUNTY
for any costs and expenses incurred by COUNTY in enforcing any such
agreement. Any fees, assessments or other amounts payable by COUNTY
thereunder shall be borne by DAME' , except where DAME'' has notified COUNTY
in writing, prior to COUNTY entering into such agreement, that it does not
desire for COUNTY to execute such an agreement.
Section 9. Cooperation in the Event of Legal Challenge. In the event
of any legal actions instituted by a third party or other government entity,
or -official challenging the validity of any provisions of this Agreement,
the parties hereby agree to cooperate in defending said action.
Section 10. San Ramon Valley Fire -Protection District. The following
statement does not constitute a Condition of Approval ; however; DAME'
should be aware that these requirements must be met prior to filing the
Final Subdivision Map dr when attempting to secure building permits.
Applicants should be aware of the necessity to comply with the
ordinance requirements of the San Ramon Valley Fire Protection
District and the Fire District Resolution Number 87-1 which
requires a fee payment of $181.29 per dwelling unit for reimburse-
ment of a capitol fire station and equipment improvements already
made.
Section 11. General .
A. The COUNTY and DAME' agree that unless this Agreement is amended
,or terminated pursuant to the provisions of this Agreement, this. Agreement
shall be enforceable by any party or its successor in interest hereto,
notwithstanding any change. hereafter in any applicable general plan,
specific plan„ ,zoning ordinance, subdivision ordinance or any other land
use ordinance or building ordinances, resolutions or other regulations
adopted by the COUNTY or its successors in interest which changes, alters,
or amends the rules, regulations, and policies applicable to the develop-
ment of SHADOW CREEK at the time of the approval of this Agreement as
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provided by Government Code §65866. This-Agreement shall not prevent the
COUNTY or its successor in interest in subsequent actions applicable to
SHADOW CREEK from applying rules, regulations, and policies which do not
conflict with those rules, regulations, and policies applicable to SHADOW
CREEK as set forth herein.
B. COUNTY hereby finds and determines that execution of this Agree-
ment is in the best interest of the public health, safety, and general
welfare and that the provisions of this Agreement are consistent with the
General Plan.
C. If any term, provision, covenant, or condition of this Agreement
is held by a Court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
D. Each party shall execute and deliver to the other all such other,
further instruments and documents as may be reasonably necessary to carry
out this Agreement in order to provide and secure to the other party the
full and complete enjoyment of its rights and privileges hereunder.
Section 12. Notices. Any notice or communication required hereunder
between COUNTY and DAME' must be in writing, and may be given either
personally or by registered or certified mail , return receipt requested.
If given by registered or certified mail , the same shall be deemed to have
been given and received on the first to occur of:
(1) Actual receipt by any of the addressees designated below as
the party to whom notices are to be sent, or;
(2) Five (5) days after a registered or certified letter contain-
ing such notice, properly addressed with postage prepaid, is deposited in
the .United States Mail . If personally delivered, a notice shall be deemed
to have been given when delivered to the party to whom it is addressed.
Any party hereto may at any time, by giving ten (10) days written notice to
the other party hereto, designate .any other address in substitution of the
addresses to which such notice or communication shall be given. Such
notice or communication shall be given to the parties at their addresses
set forth below:
13
If to COUNTY:
Director of Community Development
Contra Costa County
Community Development Department
651 Pine Street, North Wing - 4th Floor
Martinez, California 94553
If to DAME' :
Michael W. Rupprecht
Vice President--Counsel
Dame' Construction Company
Post Office Box 100
2070 San Ramon Valley Boulevard
San Ramon, California 94583
Section 13. Counterparts. This Agreement is executed in two duplicate
originals, each of which is deemed to be an original. This Agreement
consists of fifteen (15) pages and five (5) Exhibits which constitute the
entire understanding of the Agreement of the parties; said Exhibits are
identified as follows:
Exhibit A--Real Property Legal Description
Exhibit B--Final Development Plan and
Vesting Tentative Subdivision Map
Exhibit C--Board of Supervisors EIR Approval
Exhibit D--Board of Supervisors General Plan Amendment Approval
Exhibit E--June 16, 1987 Board Order Approving Amended Conditions of
Approval for FAA al Development Plan 3010-86 and. Vesting
Tentative Subdivision 6737.
14
IN WITNESS WHEREOF, DAME' and COUNTY have executed this ;Agreement as
of the date first hereinabove written.
COUNTY ATTEST: PHIL BATCHELOR
Clerk of the Board and.
"COUNTY OF CONTRA COSTA" County Administrator.
Political Subdivision of
the State of California
By:
By
HARVEY BRAGDON,
Director of Community Development
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
By
DAME'
"DAME' CONSTRUCTION COMPANY, INC."
A California Corporation
By
'-CA '
Its: vrce President and
Chairman of the Board
(Corporation)
STATE OF CALIFORNIA
OUNTY OF CONTRA COgTA SS.
I
On MARCH 8, 1988
before me, the undersigned, a Notary Public in and for said
State, personally appeared MICHAEL W. RUPPRECHT
W known to me to be the Vire President,
W known to me to be Secretary of the corporation that executed the within Instrument,
mknown to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
aacknowledged to me that such corporation executed the within
to instrument pursuant to its by-laws or a resolution of its board
of directors. OFFICIAL SEAL
WITNESS my"ha and official seal � _ DORIS B. BUNCE
NOTARY PUBLIC-CALIFORNIA
Signature ✓ -' .� Principal Office in Contra Costa County
My Commission Expires Nov.14, 1988
DORIS B. BUNCE
Name (Typed or Printed)
OFC - 2058
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF CONTRA COSTA, CITY OF UNINCORPORATED AND IS DESCRIBED
AS FOLLOWS:
PARCEL ONE:
PARCEL C. MAP OF RECORD OF SURVEY, FILED MAY ".12, 1966, BOOK
42 LICENSE SURVEYORS MAPS, PAGE 33, CONTRA COSTA COUNTY RECORDS.
PARCEL TWO: -
PARCEL B, MAP OF RECORD OF SURVEY, FILED MAY 12, 1966, BOOK
42 LICENSE SURVEYORS MAPS, PAGE 33, CONTRA COSTA COUNTY RECORDS.
PARCEL THREE:
PARCEL A. MAP OF REOCRD OF SURVEY, FILED MAY 12, 1966, BOOK
42, LICENSED SURVEYORS_ MAPS, PAGE 33, CONTRA COSTA COUNTY
RECORDS.
PARCEL FOUR:
A STRIP OF PARCEL OF LAND IN THE SOUTHEAST 1/4 OF OEClIO14 31 ,
TOWNSHIP i SOUTH, RANGE 1 EAST. MOUNT DIABLO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 40 FEET IN WIDTH ON THE EAST SIDE OF SAID
'QUARTER' SECTION COMMENCING AT THE NORTHEAST COR14ER AND
FOLLOWING THE EAST LINE Or SAID QUARTER SECTION, SOUTHERLY 1204
FEET TO THE PUBLIC HIGHWAY LEADING FROM THE VILLAGE OF DANVILLE
lli>'-TO THE TASSAJARA VALLEY, AS THE SAID HIGHWAY '` XISTED IN 1903.
EXHIBIT A
9
4
7
7y
I
f
M illi,t,131
�h
W O 114 i X30 .,illlillr=••.c r i r- � �- � � � I.
F�1 hy' �� •1��; �
OY t ! I
z
FI W t �•i{ II '•
� pr � 1 fit! ! Ejflnlr r
rlr,r;1 litfili " � i
- I�1
j
- it �r`J; � CC�, � � •. ���'\ Sy'�
F' s• ,:. 4; 111 , I�
•,',:':� .':fir '{j�,Sa..7 . i'�v' ...ro, ..�
rpt i ;✓"°• �
,
RESOLUTION NO. 46-1984(SR)
RESOLUTION OF THE SAN RAMON VALLEY AREA PLANNING 'COMMISSION OF THE
'COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDING APPROVAL OF A
GENERAL PLAN AMENDMENT TO THE LAND USE ELEMENT OF THE COUNTY GENERAL
PLAN FOR THE HANSEN LANE AREA, INCORPORATING FINDINGS AND MITIGATION
MEASURES RELATED TO THE ENVIRONMENTAL IMPACTS OF THE AMENDMENT
WHEREAS, a request to amend the County General Plan in the Hansen Lane Area was
received from the Edmonston Trust to redesignate a 240 acre area from Agricultural Preserve
to Single Family Residential - Low Density, Single Family .Residential - Medium Density,
Multiple Family Residential - Medium Density and General Open Space. The requested change
is being considered along with a petition to withdraw the affected property from a Land
Conservation Contract (Agricultural Preserve) under the "window" provisions of State law;
WHEREAS, the Board of Supervisors authorized a general plan study of the site; and
WHEREAS, it was determined that an Environmental Impact Report was required on
the proposed plan amendment and such a document was prepared and circulated .according to
State law, State guidelines and County guidelines for implementation of the California
,Environmental Quality Act; and
WHEREAS, after notice having been lawfully given, the San Ramon Valley Area
Planning Commission conducted a public hearing on Wednesday, July 20,: 1983 after hearing all
that wished to testify, the public hearing on the draft EIR was closed, while allowing written
comments through July 22, 1983; and
WHEREAS, on September 7, 1983 the. Commission determined that the draft EIR,
together with the Responses to Comments to be adequate; and
WHEREAS, staff prepared a report recommending changes in the requested amend-
ment and circulated it to interested agencies, organizations, and individuals; and
WHEREAS, a public hearing was held on the plan amendment on April 18, 1984 and all
who wished to speak were heard with written comments being allowed through June 1, 1984; and
WHEREAS, a decision on this matter was continued from time to time to allow into be
considered with other amendments under consideration in the Tassajara area, with final action
scheduled for July 11, 1983; and now
THEREFORE BE IT RESOLVED that the San Ramon Valley Area Planning Commission
finds the draft EIR, the Responses to Comments and this Statement of Findings and Mitigation
Measures constitutes the Final Environmental Impact Report; and
BE IT FURTHER RESOLVED, that the San Ramon Valley Area Planning Commission
having reviewed the Final Environmental Impact Report, and considered the oral and written
testimony submitted in response to it, and reviewed the written replies to the comments and
- 1 -
EXHIBIT c
y
o
RESOLUTION NO. 46-1984(SR)
criticism, finds the environmental document's constituting the Final Environmental Impact
Report to be adequate and that it has beeni completed in- compliance with the California
Environmental Quality Act; with State guidelines; and with County processing procedures; and
. a
BE IT FURTHER RESOLVED, that the following environmental findings of the Final
Environmental Impact Report apply:
LAND USE AND ZONING
Impacts
o The proposed development would present a far denser housing mix than the Blackhawk
Development to the north and east. A�contrast in development density will also result
from the design for parcels adjoining the ranchettes along Lawrence Road and Hansen
Lane.
o The proposed project is not consistent with portions of the following General Plan
Elements: Open Space and Conservation and Land Use/Urban Growth.
o The portion of the northwest parcel adjacent to the Bettencourt agricultural preserve
would be developed Multi-family Medinum Density. This would result in incompatible
land uses (nuisance noise, dust, roaming cattle nuisance to homeowners, and the
converse of marauding dogs, dirt bikes chasing cattle and annoying the farmers.
o Abrupt transitions from high density to very low density are subject to questions of
compatibility. For example the Multi family Medium Density portion of the project
(northwest portion) is in sharp contrast to adjacent Low Density Residential areas of
the Blackhawk development.
n
o The single family detached high density lots proposed for the eastern parcel will be
adjacent to the Low Density Residential uses proposed for the Blackhawk Country.
Club II development.
o Single family detached medium densil y lots are propsoed to abut the existing low
density ranchette type parcels along Hansen Lane.
o The proposed multi-family cluster development would represent an extreme departure
from the rural character of the ranchette neighborhood along Lawrence Road.
Mitigations
o Low density single family (20,000 sq. fit. minimum ) lots could be located adjacent to
the Blackhawk development along the perimeter of the northwest and eastern parcels
north of Camino Tassajara.
o Low density single family (20,000 sq. ft. minimum ) lots could be located adjacent to
existing homes along Hansen Lane.
I'
2
k
EXHIBIT C
t
RESOLUTION NO. 46-1984(SR)
o The project site will be redesigned to conform to the Commission approved General
Plan Amendment to minimize the compatibility issues;
o The proposed General Plan Amendment shows open space uses southerly of Camino
Tassajara which eliminates the conflict in that area.
AGRICULTURAL LANDS PLANNING ISSUES
Impact
o If the Williamson Act cancellation is approved, and if, Multi-family Medium Density
use of the south parcel is allowed, this would represent a change in the planning policy,
behind the A-3 rezoning and would be evidence of a lessening of the commitment to
agricultural lands and planning consistent with many policies in the San Ramon Valley
Area General Pian.
Mitigation
o The Commission proposed General Plan Amendment continues to designate this south-
ern parcel as General Open Space. This will eliminate the potential conflict.
TRAFFIC
Impact
o The project would generate approximately 4,327 vehicle trip ends per day. Traffic
levels in the immediate vicinity of the project site would not be altered. Cumulative
traffic would reduce levels of service to unacceptable levels at the intersections of
Crow Canyon Road/Alcosta Boulevard, Crow Canyon Road/Crow Canyon Place,
Sycamore Valley/Camino Ramon, Camino Tassajara/Sycamore Valley Road and
Camino Tassajara/Diablo Road. Levels of service would be reduced at other
intersections, but are considered acceptable.
Mitigation
o The General Plan Amendment mandates this property contribute to the area-wide
circulation needs. The amount and location of those off-site contributions can only be
identified. after a specific development plan is reviewed and the actual number of units
to be approved is determined:
FIRE PROTECTION
Impacts
o The existing fire district boundaries are impractical for'the type of urban development
being proposed on the Edmonston Ranch.
3 -
EXHIBIT C
RESOLUTION NO. 46-1984(SR)
o The proposed project in itself would not significantly burden the San Ramon or
Tassajara Fire Protection Districts. As projects are developed in the Tassajara area,
greater demands would be placed on both districts requiring increased manpower,
equipment and new facilities. However, no additional capital improvements would be
necessary to serve the project site.
o Fire occurrences would increase with buildout, and in particular, the number of
potential grass fires in areas not previously accessible would increase.
o New development could increase the number of medical calls to approximately 25
percent of the total calls.
Mitigations
o A boundary reorganization from the Tassajara Fire Protection District to the San
Ramon Valley Fire Protection District should be completed prior to site development.
o The area is not currently served by a municipal water supply system. The proposed
site must have a hydrant system capable of meeting the fire district's fire flow
requirements at every residence.
o Other proposed fire protection mitigations will be considered upon review of a specific
development proposal.
WATER AND SEWER SERVICE
Impacts
o The project is outside the LAFCO sphere of influence and the East Bay Municipal
Utility District and Central Contra Costa Sanitary District service area.
Mitigation
o The applicant must request annexation to the EBMUD and Central Sanitary prior to
development of the site.
o Other proposed mitigations will be considered upon review of a specific development
proposal.
OTHER IMPACTS AND MITIGATIONS
Impacts
o Those impacts mentioned in the Final EIR dealing with solid waste, public schools,
visual and aesthetic consideration, police service, acoustics, geology, hydrology, and
biotics can only be mitigated upon review and discussion of development applications.
EXHIBIT C
4 -
RESOLUTION NO. 46-1984(SR).
Mitigations
o The appropriate mitigation measures can only be mitigated upon review and decision
of subsequent development applications.
BE IT FURTHER RESOLVED that specific economic, social or other.considerations
infeasible the mitigation measures or plan alternatives of some of the items identified in the
Hansen Lane Environmental Impact Report. For this reason, decisions on which specific
mitigations are appropriate for the project must await review of rezoning or development plan
proposals.
BE IT FURTHER RESOLVED that the San Ramon Valley Area Planning Commission
APPROVES an amendment to the Land Use Element of the County General Plan,'as indicated
on the maps and revised plan text attached hereto and made a part hereof as Exhibit A; and
BE IT FURTHER RESOLVED, that all written and graphic material developed for and
pertaining to those proceedings are made part of the record; and
BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Planning
Commission shall respectively sign and attest the certified copy of this resolution and deliver
the same to the Board of Supervisors, all in accordance with the,provision of the Planning Law
of the State of California.
The instruction by the Planning Commission to prepare this resolution, incorporating
the above and aforementioned, was given by the Planning Commission at a regular meeting on
Wednesday, July 11, 1984 by the following vote:
AYES: Commissioners - Gatewood, Sanders, Stevenson, Stone, Palma, Viets, Whitney
NOES:_ Commissioners -
ABSENT: Commissioners -
ABSTAIN: Commissioners -
5 -
EXHIBIT C
RESOLUTION NO. 46-I984(SR)
I, Juanita Whitney, Chairperson of the San Ramon Valley Area Planning .
Commission, of the County of Contra Costa, State of California, hereby certify that the
foregoing was duly called and held in accordance with the law on Wednesday, September 19, 1984
and this resolution was duly passed and adopted by the following vote:
AYES: Commissioners - SANDERS, GATEWOOD, PAM, VIETS, STEVENSON, WHITNEY
NOES: Commissioners - NONE
ABSENT: Commissioners - STONE
ABSTAIN: Commissioners - NONE
airperson of the San Ra n Valley Area
fanning Commission of the County of
Contra Costa, State of California
Secre ry f the R mbn Are Planning
Co �ssio oft County of Contra Costa,
ate f Califor
6 -
EXHIBIT C
.T THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA „
CONTRA COSTA COUNTY
'~ FLANNI Nr. DU ARTHENT
DEC 27 4 ir, PH 184
Second Combined Amendment } RESOLUTION No. 841783
of the County General Plan As
It Applies to El Sobrante, }
West Pittsburg, Saranap, }
Montarabay, and Tassajara )
Areas of the County )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
PART I - General. Contra Costa County is carrying out a program to
systematically review the County General Plan for the purpose of keeping the-Plan up to
date and achieving consistency with the County's development ordinances. California
Planning Law provides that each General Plan Element mandated by the State cannot be
amended more than four times in the Calendar Year 1984.
i
The Board has considered the proposals described in Parts II, 1TI, IV, V, VI,
VII and VIII below to amend the County General Plan, and at public hearings declared its
intent and directed staff to prepare this resolution for adoption. The Board thereby
declares that adoption actions described below are to constitute its second amendment of
the Land Use Element and other mandatory elements of the, County General Plan in
Calendar Year 1984.
PART II - El Sobrante Area. A copy of Resolution No. 23-1984 adopted by
the Contra Costa County Planning Commission is on file with this Board in which the
Commission sets forth its report on the proposed amendment of the County General Plan
for the El Sobrante Area as described in the Board's subsequent Resolution No. 84/261.
This Board hereby adopts the amendment to the County General Plan for
Fultz proposal as specified in the Board Resolution No. 84/261 as part of this combined
amendment to the County General Plan, including both the filed Plan, text, and map
prepared by the Planning Department. A copy of the Plan, map and text reflecting this
amendment, on file in the office of;the Clerk of the Board, shall be endorsed approved.
PART III - West Pittsburg Area. A copy of Resolution No. 28-1984 adopte
i -by the Contra Costa County Planning Commission is on file with this Board in which th
' Commission sets forth its report on the proposed amendment of the County General Pla
:. for the West Pittsburg Area asidescribed in the Board's subsequent Resolution No, 84/400.
This Board hereby adopts the amendment to the County General Plan for th
Snow proposal as specified in Board Resolution No. 84/400 as part of this combine
amendment to the County General Plan, including both the filed Plan, text and ma
prepared by the Planning Department. The copy of the Plan, map and text reflecting th•
amendment, on file in the office of the Clerk of the Board, shall be endorsed approved.
PART IV - Saranap Area. A copy of Resoltion No, 32-1984 adopted by the
Contra Costa County Planning Commission is on file with this Board in which the
Commission sets forth its report on the proposed amendment of the County General Plan
;r
for the Saranap Area as described in the Board's subsequent Resolution No. 84/420.
{j RESOLUTION. M., 84/783
r
EXHIBIT D
V.
Page. 2
This Board hereby adopts the amendment to the County General Plan for
Olympic Boulevard project as specified in the Board Resolution No. 84/420 as part of this
combined amendment to the County General Plan, including both the filed Plan, text, and
map prepared by the Planning Department. A copy of the Plan, map and text reflecting
this amendment, on file in. the office of the Clerk of the Board, shall be endorsed
approved.
PART V - Montarabay Area. A copy of Resolution No. 29-1984 adopted by
the Contra Costa County Planning Commission is on file with this Board in which the
Commission sets forth its report on the proposed amendment of the County General Plan
for the Montarabay Area-as described in the Board's subsequent Resolution No. 84/423.
This Board hereby adopts the amendment to the County General Plan for
Collins School Site project as specified in Board Resolution No. 84/423 as part of this
combined amendment to the County General Plan, including both the filed Plan, text and
map, prepared by the. Planning Department. The copy of the Plan, map and text
reflecting this amendment, on file in the office of the Clerk of the Board, shall be
endorsed approved.
PART VI - Tassajara Area. A copy of Resolution No. 45-1984-SR adopted
by the San Ramon Valley Area Planning Commission is on file with this Board in which the
Commission sets forth its report on the proposed amendment of the County General Plan
for Tassajara Area as described in the Board's subsequent Resolution No. 84/695.
This Board hereby adopts the amendment to the County General Plan for the
West Branch proposal as specified in the Board Resolution No. 84/695 as part of this
combined amendment to the County General Plan, including both the filed Plan map and
text, prepared by the Planning Department. The copy of the Plan map and text reflecting
this amendment, on file in the office of the Clerk of the Board, shall be endorsed
approved by the Clerk. That plan text will include the following wording at the end of the
Introduction section as follows:
"As performance criteria to full implementation of this General Plan
Amendment, six lanes of right-of-way for the Crow Canyon Road extension
shall be gifted to Contra Costa County when needed by the County for the
early construction of that roadway and shall agree to join a fee benefit area
if established by the County. When mechanisms are established to fund
areawide road construction, this project will receive credit for their right-
of-way contribution."
PART VII - Tassajara Area. A copy of Resolution Na. 76-1983-SR adopted
by the San Ramon Valley Area Planning Commission sets forth its report on the proposed
amendment of the County General Plan for the Tassajara Area as described in the Board's
subsequent Resolution No. 84/697.
This Board hereby adopts the amendment to the County General Plan for the
Hansen Lane proposal as proposed in its Resolution No. 84/697, as part of this combined
amendment to the County General Plan, including both the filed text and map, prepared
by the Planning Department. The copy of the Plan map and text reflecting this
amendment, on file in the Office of the Clerk of the Board, shall be endorsed approved by
the Clerk.
EXHIBIT D
Pages
PART VIII - Saranao Area. A copy of Resolution No. 44-1984 adopted by the
Contra Costa County Planning Commission is on file with this Board in which the
Commission sets forths its report on the proposed amendment of the County General Plan
for Saranap Area as described in the Board's subsequent Resolution No. 84/604.
This Board hereby adopts the amendment to the County General Plan for
Lehmkuhl proposal as specified in the Board Resolution No. 84/644 as part of this
combined amendment to the County General Plan, including both the filed Plan, ma and
text, prepared by the Planning Department. The copy of the Plan map and text reflecting
this amendment, on file in the office of the Clerk of the Board, shall be endorsed
approved.
PART IX - CEQA Notice. This Director of Planning is hereby directed to
file with the County Clerk Notice oFbeterminations concerning this adoption and the.
related CEQA.
JWC:mg1F
PASSED BY THE BOA'tD ON December 18, 1964 by the following
AYES: Supervisors Powers, Fanden, McPeak, Schroder, Torlakson.
NOES: None
ABSENT: None
I hereby cr tha'•.,i!s is a true and torr ect copy of
an action tr.-:!z. :::4 e-tc.-d on the rninutes of the
Board of 8x orr the date shown.
ATTESTED:
PFlit. CAT C.! LG:3, C:erk of tr,: C.=zrd
of Supervisors and County Ar n:inistrator
BY
D
cc: County Administrator
Director of Planning
Planning Department
RESOLUTION N0, 84/783
EXHIBIT D
BOARD OF SUPEERNISORS
(� Harvey E. rag on,
Director of Community Development Contra
June 16, 1987 Costa
DATE: Approving Amended Conditions of Approval for Rezo d Caint
Preliminary Development Plan (2665-RZ) and Final Development
SUBJECT: Plan (3010-86) as Requested by Dame Construction Company, Inc.
(Owner and Applicant)
SPEC IF IC_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
WHEPEAS, 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 3tONATV
RECOMMENOATtON PF COUNTY ADMINISTRATOR RECOMME DATION All IIJANO COMMITTEE
,,,_'APPROVE OTHER
SIGNATUREISI' ---
ACTION OF BOARO ON June 16 1987 APPROVED AS RECOMMENDED x OTHER �,-
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES: 1,2,3,4 NOES. S AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT' ABSTAIN' OF sUPERVIr S ON THE DATE SHOWN,
CC: Community Development ATTESTED _ - June 16t 1987
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY AOWNISTRATOR
Dame Construction
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, reflectingthe 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 ffling, a Final Subdivision
Map. The 11 units identified as Lots lab-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:
7n F;
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 entrancei to Blackhawk's private
streets, with access only to Blackhawk, Blackhawk residents, Blackhawk
suppliers and Blackhawk Construction traffic) .
S. 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 soundwallstandards 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
tide-entry Garage 14 feet minimum
7n
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 Geologis,:.
707
a -
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" pian 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 5 shall be repaired at the time ofgrading 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 (112) 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.
709
- 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 "S" Street with Camino Tassajara by
widening into the median area.
o-f n n
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 subjectto 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 i n
A A '
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
711
tf, ;
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 CountyO 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 Extensl'on 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 imr-3ct of construction traffic generated by this develop-
ment as follows:
712
9.
(1) Contribute $477 per dwelling unit to a Road Improvement Fee Trust
(Fund No. 819200-0800) designated for read 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.
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 Ta'ssajara
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 downstreamof
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 '.he
site) at the current rate of run-off; such improvements subject to
review and approval of the Flood Control District.
71 '1
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
714
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF CONTRA COSTA, CITY OF UNINCORPORATED AND IS DESCRIBED
AS FOLLOWS:
PARCEL ONE:
PARCEL C, MAF' OF RECORD OF SURVEY, FILED MAY 12, 1966, BOOK
42 LICENSE SURVEYORS MAPS, PAGE 33, CONTRA COSTA COUNTY RECORDS.
PARCEL TWO:
PARCEL B, MAP OF RECORD OF SURVEY, FILED MAY 129 1966, BOOK
42 LICENSE SURVEYORS MAPS, PAGE 33, CONTRA COSTA COUNTY RECORDS.
PARCEL THREE:
PARCEL A, MAP OF REOCRD OF SURVEY, FILED MAY 1-2, 1966? BOOK
42, LICENSED SURVEYORS MAPS, PAGE 33, CONTRA COSTA COUNTY
RECORDS.
PARCEL FOUR:
A STRIP OF PARCEL OF LAND IN THE SOUTHEAST 1/4 OF SECTION 31 ?
TOWNSHIP 1 SOUTH, RANGE 1 EAST. MOUNT DIABLO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 40 FEET IN WIDTH ON THE EAST SIDE OF SAID
'QUARTER, SECTION COMMENCING AT THE NORTHEAST CORNER AND
FOLLOWING THE EAST LINE OF SAID QUARTER SECTION, SOUTHERLY 1204
FEET TO THE PUBLIC HIGHWAY LEADING FROM THE VILLAGE OF DANVILLE
TO THE TASSAJARA VALLEY, AS THE SAID HIGHWAY EXISTED IN 1903.
EXHIBIT A
r
March 4, 1988 O
Chairman Robert Schroder
Members of the Contra Costa County
Board of Supervisors
County Administration Building
651 Pine Street
Subject: Development Agreement with Dam6 Construction;
Shadow Creek Subdivision
Chairman Schroder, Members of The Board:
The Town of Danville has reviewed the above referenced agreement
and the revisions which have been made to the agreement during
the past month. Several of the issues which were outlined in
the Town's earlier letter to the Board (dated February 1, 1988)
have been addressed in the revised version. However, Danville
continues to have two concerns, both of which are related to
payment of fees. These issues involve the timing for the
payment of parkland dedication and Tassajara Area Transportation
Improvement Fees.
The development agreement as drafted permits these fees to be
paid at either filing of final map, issuance of building permits
or as provided by Government Code Section 53077.5 (a) . This
code section references payment of fees at final inspection or
certificate of occupancy. This language permits the developer
to delay the payment of these fees until the last possible step
in the development process if Contra Costa County has not
satisfied the requirements of government code section 53077.5
(a) , allowing for earlier payment.
If the development agreement does not specify that payment of
fees is to occur at filing of the final map, then it should be
clarified whether or not the fees will be paid at that time or
at some later time in the process. Because a development
agreement is a contract which is not mandatory, but voluntarily
entered into by both parties, Contra Costa County may request
the developer to agree to payment of all fees upon
recommendation of final maps, thereby eliminating the need to
clarify the matter at some later date in the process. The
development agreement as currently drafted offers Contra Costa
County nothing beyond the Conditions of Approval already
attached to the subdivision. The developer on the other hand is
510 La Gonda Way • Danville, California 94526 (415)820-6337
Chairman Robert Schroder
March 4, 1988
Page 2
receiving a commitment which extends the life of this map '
considerably beyond that which is provided under the State
Subdivision Map Act.
In previous correspondence regarding this matter (see attached
copies) the Town has attempted to justify why payment of the
.: fees required by the Conditions of Approval should be made upon
recordation of final maps. The Town is once again asking the
: Board to consider imposing such a requirement 'on this
development agreement as a benefit to the County, neighboring
cities and future residents of this neighborhood, in exchange
for extending the life of the entitlement which was previously
granted. This was the approach jointly agreed to by Danville
and three adjoining developers in this area, when the Town
entered into those development agreements last year.
;;The Town of Danville appreciates the opportunity to comment on
this matter, and your time and consideration are greatly
appreciated.
Sincerely,
ki
ANVILLE
Calabrig
Planning
Manager
Town Council
enclosures: February 1, 1988 . 1etter to Board ''
February 25, '`1988 letter to Bob Drake
ljcpl4
t#
February 25, 1988 _
Mr. Bob Drake
Contra Costa County
Community Development Department
County Administration Building - Fourth Floor
Pine and Escobar Streets
Martinez, CA 94543
Subject: Parkland Dedication Fees for Shadow Creek;
County File 2665 RZ, SD 6737
Dear Bob:
The Conditions of Approval for the above referenced project
require the developer to pay a $1670 per unit fee toward
improvement of the Tassajara Ranch park on Crow Canyon Road.
The draft development agreement currently being considered by
the County refers to this fee only through the project
Conditions of Approval and makes no reference to the timing for
payment of the fee.
For your reference, attached are copies of Danville's Park
Dedication Ordinance (Ordinance 69-85) and the development
agreements executed by the Town for the Vista Tassajara and
Tassajara Ranch projects. All of these documents require
payment of the parkland dedication fee upon recordation of a
final map or maps as may be the case.
Another issue which has been raised pertains to how these
actions relate to Section 53077.5 of the Government Code which
regulates the timing on collection of fees for residential
developments.
Section 53077.5 (b) permits local agencies to require payment of
fees prior to final inspection or certificate of occupancy if
the agency determines that fees or charges will be collected for
public improvements or facilities for which an account has been
established and funds appropriated and for which the local
agency has adopted a proposed construction schedule or plan.
Pursuant to this government code section, the Town of Danville
included the Tassajara Ranch park project (referred to as Crow
Canyon Park) in its Capital Improvement Program for 1987-1988
510 La Gonda Way • Danville, California 94526 (415)820-6337
Mr. Bob Drake
February 25, 1988
Page 2
(Copy attached) . Following adoption of the C.I.P. , the Town has
approved the preliminary design for the park' and is now
beginning to prepare construction documents for the
site. Grading of the park site will begin in the spring of 1988
as part of the grading for the Tassajara Ranch project. In
addition, Presley is required to fine grade the site, install
restroom facilities and complete the frontage landscaping.
Because of the importance of this park site to the Crow Canyon
Corridor Area, the Town is also contemplating the formation of ,
an assessment district involving the 'Tassajara ',Ranch project,
which would in part, advance funding-. for development of the park
in order to have the facility available as residents begin to
move into the area. As you can see, the Town is committed to
beginning construction on this project at the soonest possible
date. Receipt of parkland dedication fees from the Dame project
will also hasten construction of this project.
I have enclosed copies of: The preliminary site plan, for the
park, the Town park .dedication ordinance, and development
T agreements for the Tassajara Ranch and Vistta 'Tassajara project
which commit to basic improvements on the site and payment of
park dedication fees upon recordation of final map.
I hope this information is of use to you in your review of the
Shadow Creek development agreement, and thatthe County does see.
fit to require payment of the park dedication fees upon final
map recordation so that this facility will be available for the
use of Shadow Creek residents and others in the area as soon as
possible. Please do not hesitate to contact me with any further
questions you may have regarding this matter.
Sincerely,
TOWN OF DANVILLE
se A. Calabrigo
ie of Planning
j cPg
February 1, 1988
Chairman Robert Schroder
Members of the Contra Costa County
Board of Supervisors
County Administration Building
651 Pine Street
Martinez, CA 94543
SUBJECT: Development Agreement with Dame' Construction;
Shadow Creek Subdivision; February 2, 1988 Board
Agenda, Item T.7
Chairman Schroeder, Members of the Board:
Danville has reviewed the above-mentioned document for the
Shadow Creek subdivision on Camino Tassajara. This review has
consisted of comparing this agreement with those entered into
between the Town and the developers of the Tassajara Ranch and
Vista Tassajara projects and reviewing how the proposed
t agreement corresponds with the Conditions of Approval applied to
the project, and the Joint Exercise of Powers Agreement for the
Tassajara Area Transportation Improvement Fees. Danville's.
comments are summarized as follows:
Comments
page 6, paragraph C
If at some point in the future the issue of annexing this
property to Danville arises, the Town is hereby on record that
it shall not be bound by the terms of the subject agreement.
This agreement was not negotiated with the Town and Contra Costa
County has no legal right to obligate Danville to the terms and
Conditions of this agreement without approval by the Town.
page 10, paragraph D
The Joint exercise of Powers Agreement for the Tassajara Area
Transportation Improvements between Contra Costa County, the
Town of Danville and the City of San Ramon executed on April 28,
1987, requires the payment of certain fees. Page 5, paragraph 6
of that agreement states that the fee is payable at the time a
final or parcel map is approved or upon issuance of a building
permit, at whichever time the fee can just be legally collected.
The proposed development agreement proposes the payment of these
fees at date of Final Inspection or Certificate of Occupancy,
whichever is later. This is inconsistent with the JEPA executed
last year. Government Code Section 53077.5 which is referenced
510 La Gonda Way • Danville, California 94526 (415)820-6337
Page 2
February 1, 1988
in the Development Agreement was already in effect at the time
the JEPA was adopted by the Board of Supervisors on April 28,
1987. Therefore the County should abide by the requirement of
the JEPA in collecting fees from this project.
Page 11 of the proposed development agreement '',should be amended
* to require that all six items requiring payment of fees at date
of Final Inspection or Certificate of Occupancy are added to the
' list of six items to be paid Prior to that time, specifically
upon recordation of such final map for the pro ect.
These six items should be referenced as follows:
1. Parkland Dedication Fees - To be paid in accordance to
the Town of Danville Ordinance 69-85,' upon filing of
such final map for:the project.
2. Transportation Fees - Offsite - To be paid in
accordance with the JEPA for the Crow Canyon Road
Extension Fees Benefit Area as executed by Contra Costa
County on 4/28/87.
3. Transportation Fees - Construction Traffic Impact Fees
To be paid in accordance with the JEPA for the Crow
Canyon Road Extension Fees Benefit Area as executed by
Contra Costa County on 4/28/87.
4. Landscape and Lighting District Fees - Upon annexation
to or formation of a district for that purpose.
5. School Impact Fees - In accordance with the fee
ordinance adopted by the School Board for the San Ramon
Valley Unified School District which requires payment
of fees at filing of a final map or issuance of a
building permit.
6. Plan Check and Inspection Fees - Prior to plan check
and Inspection services for the project.
,Again it should be emphasized that the Development Agreement as
currently drafted is inconsistent with the JEPA for the
Tassajara Area Transportation Improvement Fees. If the County
approves the development agreement as proposed`, it .may be in
violation of the JEPA. In any event, the intent of the JEPA was
that each agency would collect and convey feesto one another at
the same point in the process. Therefore, if this development
agreement is approved and the JEPA is not violated, fees
collected from Danville projects would be remitted to the County
at the same point in the process at which the county does. so for
the Shadow Creek Subdivision.
Page 3
February 1, 1988
page 14, paragraph B
The development agreement proposes that the cost for annual
review shall be shared equally by the developer and the County.
As it is the developer who is requesting approval of this
agreement it seems inappropriate that the County should incur
any cost associated with the annual review of the agreements.
Rather it would seem more appropriate to have the applicant bear
the full cost for such review.
Again, Danville wishes to emphasize its concern regarding the
discrepancy between the JEPA for the Tassajara Area
Transportation Improvement Fees and the proposed development
agreement for the Shadow Creek subdivision. As the JEPA was
negotiated through a process which-involved several weeks, and
the direct involvement of members of the Board of Supervisors,
and Council Members from Danville and San Ramon it would be
inconsistent with the JEPA and the spirit of its intent to
approve the development agreement for the Shadow Creek
subdivision in its current form.
Your consideration of this matter is greatly appreciated
Sincerely,
TOWN OF DANVILLE
W
CalabrigoPlanning
cc: Mayor and Town Council
George Seipel
attachment: JEPA for Tassajara Area Transportation Improvement
Fees
ljcm3
ORDINANCE NO. 87-
(Shadow Creek Development Agreement)
The Contra Costa County Board of Supervisors ordains as follows:
Section I. The Board hereby finds that the provisions of that certain Shadow
Creek Development Agreement between the County of Contra Costa and Dame
Construction Co., Inc., a copy of which is on file with the Clerk of the Board,
and which has been recommended for approval by the County Zoning Administrator,
is consistent with the County's General Plan and conditions of approvals for the
Shadow Creek project.
Section II. The Board. hereby approves, pursuant to the authorization provided
in Section 65864 et seq. of the Government Code of the State of California,
entering into that certain Shadow Creek Development Agreement between the County
of Contra Costa and Dame Construction Co., Inc., subject to the review and
approval of the community Development Department and County Counsel.
Section III. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance is for any reason held to be unconstitutional
or invalid, such a decision shall not affect the validity of the remaining
portions of this ordinance. The Board hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phase of
this ordinance irrespective of the unconstitutionality or invalidity of any
section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days 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 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and County Administrator
By:
Deputy Board Chair
...