HomeMy WebLinkAboutMINUTES - 04111989 - 1.53 534
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 11 1989, by the following
vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Adoption of Findings for Rezoning ) RESOLUTION NO. 89/ 231
( 2803-RZ) , Final Development Plan )
( 3026-88) , and Vesting Tentative
Subdivision (SUB 6836) and for
Certification of Related Environ-
mental Impact Report for the
Tassajara Estates Project,
Danville/Tassajara Area
The Board of Supervisors of Contra Costa County RESOLVES
that:
WHEREAS, on August 2, 1988, the Contra Costa County Board of
Supervisors certified a Final Environmental Impact Report for
the Camino Tassajara General Plan Amendment ; and
WHEREAS, application for approval of a development project
known as the Tassajara Estates Project, located at 3501 Camino
Tassajara in the Danville area, was submitted to the Contra
Costa County Community Development Department; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (CEQA) and the State and County CEQA
Guidelines, an initial study was prepared for the following
applications for Tassajara Estates:
1. Rezoning 2803-RZ
2 . Final Development Plan #3026-88
3. Vesting Tentative Subdivision Map #6836; and
WHEREAS, as a result of the initial study, staff concluded
that the previously certified Camino Tassajara General Plan
Amendment Final Environmental Impact Report adequately describes
the general environmental setting of the Tassajara Estates
Project and significant impacts of the project and alternatives
and mitigation measures related to each significant effect; and
staff recommended, pursuant to Section 15153 (b) of the State and
County CEQA guidelines, the use of the August 1988 Camino
Tassajara General Plan Amendment Final Environmental Impact
Report as the EIR for the Tassajara Estate Project; and
WHEREAS, a Notice of Intent to use a previously certified
EIR as EIR for later project was published in accordance with
State and County CEQA Guidelines, taking into account the recent
preparation and drafting of the Final EIR which was certified
after public review, pursuant to which Notice written comments
were solicited and accepted until October 28, 1988; and
WHEREAS, a Notice of Application for the Project and Request
for Written Comments was sent to all public agencies having
jurisdiction by law and other interested agencies, organizations
and individuals, which comments were solicited and accepted
until October 28, 1988; and
RESOLUTION 89/231
i%
WHEREAS, prior * to November 21 1988, the Community
Development Department provided to members of the San Ramon
Valley Regional Planning Commission the following; copies of
written comments received by the Community Development
Department; lists of persons, organizations and public agencies
commenting on the Notice of Intent ; and any written responses of
the Community Development Department to comments received on the
Notice of Intent; and
WHEREAS, the EIR, Notice of Intent, comments and responses
to comments were reviewed and considered by the San Ramon Valley
Regional Planning Commission, and have now been reviewed and
considered by the Board of Supervisors; and
WHEREAS, after Notice thereof having been lawfully given, a
public hearing on the proposed Tassajara Estates Project was
initially scheduled for hearing before the San Ramon Valley
Regional Planning Commission on November 2, 1988, at which time
the hearing was rescheduled to November 16, 1988, at which time
the hearing was rescheduled to December 7, 1988, at which time
the hearing was commenced and then continued to December 21,
1988, at which time a public hearing was conducted where all
persons interested therein might appear and be heard; and
following which, the Commission closed the public hearing for
decision; and
WHEREAS, the San Ramon Valley Regional Planning Commission
reviewed and considered all materials made available to the
Commission as set forth above and otherwise and all oral and
written comments with respect to certification of the previously
certified FEIR and all responses thereto and all oral and
written testimony and exhibits regarding the Tassajara Estates
Project; and
WHEREAS, an appeal has been taken to the Board of
Supervisors from the San Ramon Valley Regional Planning
Commission' s recommendation of denial of the Rezoning 2803-RZ
Tassajara Estates Project and denial of the Final Development
Plan 3026-88 and Vesting Tentative Map No. 6836; and
WHEREAS, after Notice thereof having been lawfully given, a
public hearing on the proposed Tassajara Estates Project was
scheduled for February 14, 1989, at 2: 00 p.m. before the Board
of Supervisors, Contra Costa County, at which time a public
hearing was conducted where all persons interested therein might
appear and be heard; and following which, the Board closed the
public hearing for decision; and
WHEREAS, the Board of Supervisors reviewed and considered
all materials made available to the Board as set forth above and
otherwise and all oral and written comments with respect to
certification of the previously certified FEIR and all responses
thereto and all oral and written testimony and exhibits
regarding the Tassajara Estates Project; and
WHEREAS, the developer had met with and resolved most of the
concerns raised by County Staff and the Town of Danville; and
WHEREAS, the Board of Supervisors approved and adopted the
proposed Tassajara Estates Project for a maximum of 107 dwelling
units including the Conditions of Approval, attached hereto as
.Exhibit 'III" ; and
WHEREAS, the Board of Supervisors approved Rezoning 2803-RZ ,
Final Development Plan No. 3026-88, and Vesting Tentative Map
for Subdivision No. 6836; and
WHEREAS, the Board of Supervisors certified the adequacy of
the prior EIR, Notice of Intent, and responses to comments for
purposes of satisfying the requirements of the California
RESOLUTION 89/231
Environmental Quality Act, and approved Rezoning 2803-RZ, Final
Development Plan No. 3026-88, and Vesting Tentative Map for
Subdivision No. 6836, and instructed the Staff to prepare
findings consistent with the foregoing .
NOW, THEREFORE, the Board of Supervisors of Contra Costa
County resolves, finds, certifies, and orders as follows:
1. The Final EIR for the Camino Tassajara General Plan
Amendment, Notice of Intent, and responses to comments
constitute the Final EIR for the Tassajara Estates Project,
consisting of the Rezoning, Final Development Plan and Vesting
Tentative Subdivision Map; further, the Final EIR is adequate
and has been prepared and processed in compliance with CEQA and
the State and County CEQA Guidelines, and is intended to be
utilized for further development processes, including annexation
to service districts by LAFCO.
2. . There is no substantial change proposed in the
Tassajara Estates Project compared to the concept plan described
in the Final EIR for the Camino Tassajara General Plan Amendment
as it was certified, nor have there occurred any substantial
changes with respect to the circumstances under which the
Project is being undertaken, nor is there any new information or
material to consider, nor are there any new significant environ-
mental impacts not previously covered in the Final EIR for the
Camino Tassajara General Plan.
3. Changes in the project, if any, are not substantial, do
not require that a revised EIR be prepared, and, furthermore,
changes, if any, go toward minimizing the environmental impacts
and toward compliance with the General Plan.
4. The Board of Supervisors hereby adopts as its
environmental findings with respect to the Tassajara Estates
Project, consisting of the rezoning, final development plan and
vesting tentative subdivision map, the findings set forth in the
Board of Supervisors Order dated August 9 , 1988, a copy of which
is attached hereto as Exhibit "I" and fully incorporated herein
by reference, wherein the Board adopted environmental and other
findings with respect to the Camino Tassajara General Plan
Amendment. The findings are equally applicable to the Tassajara
Estates Project as herein described. Environmental impacts have
been further mitigated, in part, by the design of the Project
and its Conditions of Approval (attached hereto as Exhibit 'III"
and fully incorporated herein by reference) as follows:
(a) Open Space/Visual Impact . The design of the
Project ( including but not limited to the grading plan, lot and
setback criteria, architectural plans and landscaping
requirements and buffers) further mitigates the loss of open
space and any visual impacts of the Project, all as referenced
and required in the Conditions of Approval.
(b) Drainage. Pursuant to Condition of Approval
No. 17H, the developer is to comply with the drainage fee
requirements for Drainage Area 101A, previously adopted by the
Board of Supervisors, in addition to complying with Condition of
Approval No. 17A(4 ) .
(c) Geology. Conditions of Approval Nos. 14(a)
through 14(c) implement the geotechnical recommendations of the
geotechnical engineering consultants for the Project , as
reviewed and considered by the County Geologist .
(d) Traffic and Circulation. The mitigation measures
identified in the Final EIR are implemented by Public Works '
Conditions of Approval Nos. 11, 12 and 17 .
RESOLUTION 89/ 231
r
(e) Parks and Recreation. Condition of Approval No.
16 requires the payment of parkland dedication fees in the
amount requested by the Town of Danville to be used for
improvements to the planned community park facility in the
Tassajara Ranch project . In addition, on-site recreational
amenities are provided under the Condition of Approval No. 2(e) .
(f) Archeology. Mitigated by site-specific review at
the time of construction.
(g) Air Quality. Mitigated by limitations in
Conditions of Approval Nos. 8 and 17A( 1 ) (e) on construction
activity, in addition to . standard building and grading code
requirements.
(h) Energy. Houses in the Project will be designed
with the highest and best energy saving devices and practices in
conformance with current U.B.C. Guidelines and requirements .
This impact is, therefore, adequately mitigated.
5. Statement of Overriding Considerations: The Board of
Supervisors hereby adopts the Statement of Overriding
Considerations in Exhibit "I" .
6. Alternatives Analysis. The Board of Supervisors hereby
adopts the Alternatives Analysis in Exhibit "I" as applicable
here because, for one reason, the Tassajara Estates Project is
substantially similar to the concept plan addressed in the Final
EIR.
BE IT FURTHER RESOLVED, that the Board of Supervisors makes
the following additional findings, determinations and orders:
7 . The Tassajara Estates Project is consistent with the
General Plan which authorizes as many as 115 dwelling units for
the property. The project is substantially consistent with the
Camino Tassajara General Plan Amendment, based on but not
limited to the following :
(a) The location of and development criteria for the
road;
(b) Development is limited to the development area
identified in the GPA;
(c) Camino Tassajara landscape setbacks, buffers and
enhancements are consistent with the requirements in the GPA;
(d) Grading and internal circulation have been
coordinated between this site and the Bettencourt Ranch
development. Public access through the Bettencourt Ranch
Project is not a requirement of the General Plan.
Furthermore, the Camino Tassajara General Plan Amendment is
consistent with the Contra Costa County General Plan and, more
particularly, the San Ramon Valley Area General Plan, and each
of the elements therein, is in the public interest and
consistent with State General Plan Law, Section 65300, et seq. ,
and is consistent with the State' s Open Space Lands Act,
Sections 65560, et seq. , all as more' fully set forth in
Resolution No. 88/491, attached as part of Exhibit "I" .
8. Consistent with County Ordinance Section 84-66 . 1406,
the Board of Supervisors is satisfied that :
(a) The developer intends to start construction within
two and one-half years from the effective date of the zoning
change and preliminary development plan approval; and
RESOLUTION 89/231
•
(b) The proposed planned unit development is
consistent with the County General Plan as described above; and
(c) This residential development will constitute a
residential environment of sustained desirability and stability,
and will be in harmony with the character of the surrounding
neighborhood and community. The property is affected by special
circumstances and conditions consisting of the spur ridge
topography on which the project design can be enhanced by
development of the site as a planned unit development,
maximizing open-space areas, providing a common area, and an
integrated street design.
9. Consistent with Government Code Section 66426, this
subdivision shall provide to the extent feasible for future
passive or natural heating and cooling opportunities.
10. The subdivision's design and improvement are consistent
with the General Plan for the reasons set forth above.
11. This site is physically suitable for the type of
development and its proposed density, will not cause substantial
environmental damage or substantial unavoidable injury to fish
or wildlife or their habitat, and will not cause serious public
health problems, consistent with the environmental findings set
forth above and in Exhibit "I" .
12. The development, by its Conditions of Approval and
general infrastructure planning for the Crow Canyon Corridor by
the County, the Town of Danville, and the City of San Ramon,
will mitigate any impacts on public services, all of which will
be confirmed as part of an Augmented Plan for services to be
considered by LAFCO.
13. As further findings and reasons in support of the
approval of the Tassajara Estates Project, the Board of
Supervisors adopts the analysis set forth in the Staff Reports
and .attachments thereto for the Project and the Camino Tassajara
General Plan Amendment.
I hereby certify that this Is a tnJ8 and COrmt COPY Of
an aaWn taken and entered On the minutes Of the
Board of on the data shown.
ATTESTE
PHIL.BATCH 0%�Clerk'of the Board
Supervisors
an
Of Supervisors d County Administrator
By Al , I,Deputy
V
cc: Community Development
Public Works Director
Applicant, c/o Thiessen, Gagen & McCoy
RESOLUTION 89/231
7
EXHIBIT I
ro; BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development f-%- --A
LADsta
DATE: August 3 , 1988
@ Courty
SUBJECT: Camino Tassajara General Plan Amendment Findings
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve the revised California Environmental Quality Act findings
on the Camino Tassajara General Plan Amendment (Attachment A) .
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On August 2, 1988 the Board of Supervisors approved the Camino
Tassajara General Plan Amendment with minor modifications and
directed staff to include this in one of the County' s combined plan
amendments for 1988 . These revised CEQA findings modify those
adopted by the San Ramon Valley Regional Planning Ccmmis!jion to be
consistent with the plan changes approved by the Board.
CONTINUED ON ATTACHMENT: YES SIGMA
AF
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO0 B COMM ITTEE
APPROVE OTHER
7
SIGNATURE(S) :
ACTION OF BOARD ON August 9, 198R 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 ATTESTED 90 1 q-g $,
CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
City of Danville0 ,�Y ADMINISTRATOR
C UIr DEP
UTY
JC:cg
cd7/ctasajra.bo
ATTACHMENT A
Revised Findings and Declarations on the
Camino Tassajara General Plan Amendment
In making its recommendations on the Camino Tassajara
General Plan Amendment, the San Ramon Valley Regional Planning
Commission approved Resolution No. 29-1988 and Exhibit "A"
thereto, the CEQA Findings. The text and map of the General
Plan Amendment as approved by the Board of Supervisors is
somewhat different than as recommended by the Planning
Commission. Therefore, the Board adopts Resolution No. 29-1988
of the San Ramon Valley Regional Planning Commission and Exhibit
"A, " the CEQA Findings, to the Resolution as its own, all
attached hereto as Exhibit "l" and fully incorporated herein,
and makes all of the findings and declarations therein, with the
following changes , exceptions and additions to address changes
in the text and map as approved:
A. Pace 3 of Resolution No. 29-1988 : In
addition to the other information listed in
this paragraph, the Findings are based on the
Staff Reports and information provided in the
Board packets and testimony and information
provided through the public . hearing
process. Since development on the "saddle
and spur" is not being allowed, the last
sentence of this paragraph (13 lines} ,
discussing such development , is deleted.
B. Page 2 of Exhibit "A, " CEQA Findinas : The
first paragraph regarding mitigation For loss
of open space is modified to read as follows :
The Camino Tassajara General Plan Amendment ,
both by the map and text precludes
-1-
development upon any major or significant
ridgeline. it also provides that development
on the Camino Tassajara Road side of the
Bettencourt Ranch will be consistent with
Danville Scenic Hillside and Major Ridgeline
Ordinance. Therefore, development on that
side will not occur within one hundred (100 )
vertical feet of any major ridgeline on the
property. Development on the north side of
the ridge will be consistent with development
in the Blackhawk community and not be visible
from the south. A road along the eastern
boundary of the Bettencourt Ranch connecting
the northeast corner with the balance of the
project will only be allowed if geotechnical
and visual impacts, if any, are mitigated.
Such mitigation measures shall be considered
and developed through the development plan
process . Additional environmental review, if
necessary, to analyze that roadway and a
private drive to the homes on the hillside
portion of the development area in the
northeast corner shall be undertaken through
the development plan process. Native
reforestation near the roadway will be
required as necessary to miticate visual
impact . The details of such a roadway and
hillside development in the northeast
development area are not appropriate for
consideration at this General Plan staae and
will be addressed subsequently. r T h e
potential, for such a connecting roadway has
been adequately addressed in the EIR through
the general ridgeline and hillside
development analysis in the FEIR. There is
no substantial evidence in the record to
suggest that at this time a subsequent or
supplemental environmental impact report is
required to accommodate the development of
such a connecting roadway and the hillside
development in the northeast corner . Major
revisions in the FEIR for the General Plan
Amendment are not required.
This Attachment A and Exhibit "I" thereto constitute
additional findings and -declarations under the California
Environmental Quality Act and State Planning Law and as
-2-
otherwise appropriate in approving this amendment to the Land
Use, Circulation, Scenic Routes and Recreation Elements of the
County General Plan.
-3-
RESOLUTION NO. 29-1988
RESOLUTION OF THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION OF
MM COUN'T'Y OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
FINDINGS AND RECOrqMENDATIONS FOR THE CAMINO TASSAJARA ROAD GENERAL
PLAN AMENDMENT (1-87-SR) FOR THE CAMINO TASSAJARA ROAD AREA
ENCOMPASSING THE BETTENCOURT RANCH, UDJUR AND MRACK ROAD EASTERLY
DEVELOPMENT AREA PROPERTIES.
WHEREAS, on September 23 , 1986 , consistent with requests from
the owners and developers of the Bettencourt Ranch and Udjur
properties , the Board of Supervisors of Contra Costa County
directed the Community Development Department to conduct a General
Plan study for an amendment to the San Ramon Valley Area General
Plan, entitled Camino Tassajara Road General Plan Amendment
(1-87-SR) . The property encompassed by this proposed Camino
Tassajara Road General Plan Amendment includes the area north of
Camino Tassajara Road and south of the Blackhawk development and is
bordered on the west by the Blackhawk commercial area and on the
east by the Dame Shadow Creek project. The property owners and
developers respectively requested the following changes in land use
designation:
(1) On the Bettencourt Ranch from Agricultural Preserve to
Single Family Residential Low-Density;
( 2 ) On the Udjur property, from Single Family Residential
Low-Density to Multiple Family Residential Low-Density;
( 3 ) On the Mrack Road Easterly Development Area, no specific
request was made; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (CEQA) and the State and County CEQA
Guidelines, a Draft Environmental Impact Report (DEIR) was prepared
in connection with the proposed Camino Tassajara Road General Plan
Amendment. The DEIR was circulated for comment as required by law.
In addition, a public hearing was held on January 6, 1988 , to
solicit oral comments to the DEIR. The Final Environmental Impact
Report (FEIR) , consisting of the DEIR and the responses to comments
on the DEIR, was subsequently filed with the Contra Costa County
Community Development Department. On February 17 , 1988 , the San
Ramon Valley Regional Planning Commission indicated its intent to
certify the FEIR as adequate under CEQA; and
WHEREAS, after providing notice as required by law, the San
Ramon Valley Regional Planning Commission reviewed and considered
the proposed Camino Tassajara Road General Plan Amendment, the
current General Plans for Contra Costa County,. the Town of
Danville, staff reports prepared by Contra Costa County Community
Development Department, the TJKM Crow Canyon Corridor traffic
studies, the Contra Costa County Growth Trends 1985 and 1987
studies, the 1987 Joint Exercise of Powers Agreement Re Tassajara
Page 2 Resolution No. 29-1988
Area Transportation Improvement Fees, the FEIR, exhibits presented
at the hearings and written and oral testimony received at the
public hearings on April 20, 1988, and May 4, 1988. The San Ramon
Valley Regional Planning Commission thereupon took the actions
hereinafter set forth.
NOW THEREFORE BE IT RESOLVED that the San Ramon Valley
Regional Planning Commission hereby certifies, resolves and finds
as follows:
1. The San Ramon Valley Regional Planning Commission
(Commission) hereby certifies that:
a. in making its recommendation, it has reviewed and
considered the information contained in the Final Environmental
Impact Report (FEIR) consisting of the DEIR dated October 19, 1987,
and the comments and responses thereto dated February 1988 (all of
which are collectively referred to herein as the "final EIR" or
FEIR) ; and
b. The FEIR is adequate and complete and has been
prepared and processed in compliance with CEQA and State and County
CEQA Guidelines; and
2. The FEIR has been prepared as a single EIR to describe
all development projects with the Camino Tassajara Road General
-Plan Amendment and it is anticipated that such future projects and
their circumstances will be essentially the same in terms of
environmental impact. Therefore, it is contemplated that for
future development projects in the area, the EIR for the Camino
Tassajara Road General Plan Amendment will be utilized, consistent
with Section 15153 of the CEQA Guildelines, as an EIR from an
earlier project. Significant environmental impacts identified by
the FEIR are predominately impacts associated with development
proposals consistent with the General Plan Amendment for the
Bettencourt and Udjur properties. Therefore, .the significant
environmental impacts identified in the FEIR to a large extent must
be mitigated by the design of and conditions of approval imposed on
individual development projects within the General Plan area.
Nevertheless, certain general environmental impacts identified in
the FEIR have been mitigated by direction provided in the Camino
Tassajara Road General Plan Amendment itself for restrictions on
development. Exhibit "A", entitled "CEQA Findings" , attached
hereto and fully incorporated herein, identifies impacts and their
mitigation measures implemented through the Camino Tassajara Road
General Plan Amendment and proposed for future development
projects, and unavoidable impacts requiring a Statement of
Overriding Considerations. Analysis consistent with State of
California CEQA Guidelines Section 15153 on future development
projects shall confirm whether or not future development projects
incorporate design measures or conditions of approval that mitigate
.; s `
Page 3 Resolution No. 29-1988
t
impacts, or whether the overriding considerations referenced in
Exhibit "A" must apply; and
3. The San Ramon Valley Regional Planning Commission hereby
recommends to the Contra Costa County Board of Supervisors the
amendments to the San Ramon Valley Area General Plan as detailed in
Exhibit "B" attached hereto and fully incorporated herein
specifically, the text amendment to the Land Use Element of the San
Ramon Valley Area General Plan, the Amendment to the existing Land
Use Map, the Amendment to the County Trails Plan and the Amendments
to the Circulation and Scenic Routes Elements; and
4. The San Ramon Valley Regional Planning Commission finds
that the Camino Tassajara Road General Plan Amendment is a fine
tuning of the San Ramon Valley Area General Plan in that it
completes the urban General Plan designation of the Crow Canyon
Corridor Area, formerly referred to as Stage III-A designated for
urban use as part of the 2218-RZ agricultural zoning and land use
policy of Contra Costa County and is otherwise appropriate for the
reasons cited in the Staff Report and Recommendation. Further, the
Camino Tassajara Road General Plan Amendment is internally
consistent with the Contra Costa County General Plan and, more
particularly, the San Ramon Valley Area General Plan, and each of
the elements therein, is in the public interest and consistent with
the State General Plan Law, Sections 65300, et seq. and is
consistent with the State Open Space Lands Act, Sections 65560 , et
seq. These findings are based on, among other things , the
information set forth in the Staff Report and Recommendation, the
FEIR, Resolution No. 87/704 and findings attached as Exhibit "A"
thereto approving Tentative Cancellation for a portion of Land
Conservation Contract 22-69 on the Bettencourt Ranch, and the
testimony and evidence presented at the hearings. In particular,
as to the Bettencourt Ranch, the findings are in part based upon
the determination of the Commission that the saddle and spur
referenced above are not a part of a major or significant ridgeline
on the property and are otherwise appropriate for reasonable,
limited development, providing some visual interest and relief near
the ridgeline open space, any development on the ridgelines shall
be confined to the two lots located above the 975 foot elevation
near the easterly boundary of the Bettencourt Ranch site that are
accessed by a private driveway, as shown on the Preliminary
Landscape Pian dated received by Community Development Department
on June 1, 1988 , landscaping shall be provided to visually buffer
the roadway for a natural forested appearance; and
BE IT FURTHER RESOLVED that the Secretary of the San. Ramon
Valley Regional Planning Commission shall sign and attest a
certified copy of this resolution and deliver the same to the Board
of Supervisors all in accordance with the Planning Laws of the
State of California.
Page 4 Resolution No. 29-1988
The instructions by the San Ramon Valley Regional Planning
Commission to prepare this resolution were given by motion of the
San Ramon Valley Regional Planning Commission on Wednesday, May 4,
1988, by the following vote:
AYES: Commissioners - Cardinale, Nudelman, Cameron, Kaye
NOES: Commissioners - Lehman, Moore, Freeman
'ABSTAIN: Commissioners - None
ABSENT: Commissioners - None
The foregoing was duly called and held in accordance with the
law on Wednesday, June 1, 1988 , and this resolution was duly and
regularly passed and adopted by the following vote of the
Commission:
AYES: Commissioners - Cardinale, Nudelman, Cameron, Kaye
NOES: Commissioners - Lehman, Moore
ABSTAIN: Commissioners - None
ABSENT: Commissioners - Freeman
FRANK G. CAMERON
Vice-Chairman of the San Ramon Valley
Regional Planning Commission, County
of Contra Costa, State of California
ATTEST:
Secr of he an Ramon Valley
v
2�� i g Commission ,
�o
-A
Regional Plan ing Commission , County
P�_
of Contra Costa , State of California
JWC:plpSRII
CEQA FINDINGS
Exhibit "A" To Resolution No. 29-1988
I . Pursuant to Public Resources Code §21081 and State of
California CEQA Guidelines §15091 , the approval of a project
requires the approving agency to evaluate the proposed project
in light of the significant impacts identified by the
Environmental impact Report and impose mitigation measures on
the project to reduce those impacts below levels of significance
or alternatively to find that there is an overriding concern
which would take precedence over the significant environmental
impact identified. Such evaluation requires that affirmative
findings be made by the lead agency so as to present a logical
means to evaluate the impacts, mitigations and reasoning of the
approving agency. This Final Environmental Impact Report (FEIR)
has been prepared with the intent that it may be utilized as a
single EIR to describe not only the Camino Tassajara General
Plan Amendment , but subsequent development projects , including,
but not limited to planned unit development zoning and tentative
subdivision maps . As such, many of the impacts and mitigation
measures identified therein will be more fully addressed through
the design of and conditions of approval for the subsequent
development projects wit^in the Camino Tassajara General Plan
Amendment Area . The fo.1lowinc findings concern generally the
application of this FEIR and CEQA requirements for the Camino
Tassajara General Plan Amendment .
11 . The San Ramc:n Valley Area Recional Planning Commission
makes t,'-,e following findings w*ith regard to the recommended
Camino Tassajara General Plan Amendment ( 1-87-SR) and the
analysis of its impacts consistent with the FEIR and the
requirements of CEQA:
A. BETTENCOURT RANCE PROPERTY.
The FEIR identifies impacts related to the
proposed development of the Bettencourt Ranch property to
include:
( 1 ) Open Space.
Imi)act : A primary concern is the _-Pact that
development on ridoeline areas would have on the loss Of Coen
space and also the visual integrity of
Tassajara Road is considered. a scenic the project as Camino
ic thoroughfare.
Mitigation: The Camino Tassajara General
Plan Amendment , both by the map and text precludes development
on any major or significant ridgeline. It also provides that
development on the Bettencourt Ranch property will be consistent
with the Danville Scenic Hillside and Major Ridgeline ordinance.
Therefore, development will not occur within one hundred (100 )
vertical feet of any major ridgeline on the property. The
saddle and spur near the east end of the property are not part
of a major or significant ridgeline. Development on the saddle
and spur shall be consistent with sensitive hillside development
practices and limited to a roadway, connecting the northeast
development area with the balance of the community, and to a
small number of homes-. Any homes on the spur shall be of single
story profile to mitigate visual impact . Native reforestation
near the roadway will be required to mitigate visual impact .
Such visually sensitive development of the saddle and spur will
provide for appropriate visual interest and relief adjoining the
ridgeline .
(2) Drainage Facilities.
Immact: The FEIR states that runoff from the
project is expected to double with a resultant worsening of
current flooding conditions confronting the downstream property
owners .
Mitigation: The Camino Tassajara General
Plan Amendment mitigates such impact by designating a detention
basin with riparian and visual enhancements to be created in an
area adjacent to Camino Tassajara where the current creek
channel exists .
.(3) Geology.
lmt)act : The Bettencourt Ranch property has
an average slope of 29.7 percent with approximately fifty
percent ( 500 ) of the property identified as slide debris and
area of heavy erosion. As such, there is significant potential
for sliding and property destruction unless development occurs
in a well-planned manner .
Mitigation: The Camino Tassajara General
Plan Amendment requires there to be general open space on the
Bettencourt Ranch property. Such open space will be
predominantly located on steep hillsides and will prevent
development of these hillsides and therefore miticate the
geologic impacts . Additionally, the project is to be rezoned to
planned unit development . As such zoning progresses , specific
conditions must be imposed and 'land planning designs utilized so
that slope stability is enhanced.
-2-
(4) Traffic and Circulation.
Impact : The Bettencourt Ranch project is
currently anticipated to include no more than four hundred
seventy ( 470) homes. The-. Udjur project is currently anticipated
to include no more than approximately one hundred thirteen (113)
homes. The Camino Tassajara General Plan Amendment contem-
plates, at most, approximately thirty-five ( 35 ) units for the
Mrack Road Easterly Development Area. The traffic impact of the
resulting homeowners is considered to be significant on Camino
Tassajara , Sycamore Valley Road, and Crow Canyon Road .
Additionally, the "Bettencourt curve" portion of Camino
Tassajara Road is presently dangerous for both drivers and
pedestrians .
Mitication: The Camino Tassajara General
Plan Amendment designates realignment of the "Bettencourt curve"
on the Bettencourt Ranch property. Additionally, the overall
traffic impact of the development of the Bettencourt Ranch and
Udjur property were considered in the design of improvements to
Camino Tassajara Road, Crow Canyon Road and Sycamore Valley
Road. As such, the Bettencourt and Udjur developers have agreed
to participate in the 1987 Joint Exercise of Powers Agreement Re
Tassajara Area Transportation Improvement Fees, which identifies
the seven ( 7 ) Camino Tassajara/Sycamore Valley projects as the
funding source for improvements required by the build-out of
such projects . Roadway capacity for the development of the
Bettencourt. and Udjur properties is evidenced from the 1987 TJKY,
Traffic Study for the Crow Canyon Corridor and Supplement
incorporated herein, as well as the additional traffic analvsis
in the body of the FZ:R. Limited further
rther deve - on-nert in ' the
Mrack Road Easterly Development Area will have nominal traffic
impacts that will be mitigated by the improvements identified in
the above referenced traffic reports and the Joint Exercise of
Powers Agreement .
(5) PG&E Substation Site.
Impact : Pacific Gas & Electric. Company owns
a site on the Bettencourt Ranch property to be used as an
electrical substation. That site is adjacent to the proposed
realigned Camino Tassajara Road and could have a severe' visual
impact fronting along approximately five hundred sixty ( 560 )
feet of Camino Tassajara. Visual impact is an important
consideration in that Camino Tassajara is designated as a Scenic
corridor .
Mitiaation : The Camino Tassajara General
Plan Amendment specifically sets forth guidelines for the
utilization of this site as a substation . Predominant within
those guidelines are the design and landscaping of the Sub-
-3-
I
station so as to provide a minimum of visual impact . To assure
such minimum impact , the exterior design is to be reviewed and
approved by the San Ramon Valley Regional Planning Commission,
consistent with that which is typically required for other
developers.
B. UDJUR PROPERTY.
Impact : In addition to its contribution to common
impacts referred to hereinabove, the Udjur property project has
an impact on adjoining development in that its density is
greater and its patio home .design different than existing and
anticipated development in the area. By such design there will
be limited open space present in the project and a reduction of
open space in the General Plan Amendment area.
Mitigation: On its face, the Camino Tassajara
General Plan Amendment limits development of the property to the
high end of the Single-Family Residential Low-Density range
(approximately one hundred thirteen ( 113 ) patio homes ) . It
further requires that there be recreational amenities and
internal open spaces within the future development . These open
spaces shall provide visual relief and physically break up the
density of the project . Further , the Camino Tassajara General
Plan Amendment requires there to be a . landscape buffer and a
masonry wall between the Udjur property and the commercial uses
to the west and the Blackhawk homes to the north in order to
minimize conflicts between different land uses and residential
densities . Additionally, in order to reduce conflict between
the Udjur property and the proposed Bettencourt Ranch project ,
grading and internal circulation are to be coordinated between
the two sites , thereby preventing great disparity in lot levels
and street alignments .
C. EASTERLY DEVELOPMENT AREA (MRACK ROAD) .
The Mrack Road Easterly Development Area includes
approximately forty-two ( 42) acres currently designated as
Country Estate. The Camino Tassajara General Plan Amendment
reaffirms the Country Estate designation for this area. With
such designation, development impacts are minimized and an
alternative Country Estate lifestyle is retained in the Camino
Tassajara Road portion of the Crow Canyon Corridor Area. In
this manner , development may take place individually and through
minor subdivisions in minimum one-acre parcels (absent a
variance ) which will also be compatible with the adjacent Shad;�;J
Creek and Bettencourt Ranch projects . Site specific traffic and
other impacts , if any, shall be mitigated through project
conditions of approval .
-4-
D. CUMULATIVE IMPACTS.
(1) The San Ramon Valley Area Regional Planning
Commission has considered environmental impacts of the
cumulative development allowed by and the growth inducing impact
of the Camino Tassajara General Plan Amendment , and hereby makes
the following findings :
(a) As referenced in Section 1 , through the
design and conditions of approval for future development
.projects for Bettencourt Ranch, the Udjur property and the Mrack
Road Easterly Development Area, specific environmental impacts
caused by such development projects (consistent with the Camino
Tassajara General Plan Amendment ) will be mitigated. Individual
impacts to be mitigated, in part as more specifically discussed
above, include: ( 1 ) Public Services and Utilities (a ) schools :
mitigated by payment of impact fees; b) traffic: mitigated by
payment of impact fees and construction of roads ; c) sewage-.
payment of impact fees and/or construction of facilities and
utilization of water consumption , reduction devices ; d) water :
prorated payment of planning and capital costs for extension of
water service and enlargement of facilities ; e) police: site
specific crime prevention measures ; f ) fire: consistency with
fire district recommendations and , payment of any impact fees ;
and 9 ) general services : eventual annexation to the Town of
Danville) ; ( 2 ) Slope Stabilitv (mitigated through site specific
desian to the extent not otherwise mitigated through
restrictions on development area ) ; ( 3 ) Architecture , Desion And
Visual Qualitv (mitigated through site specific D design
requirements ) ; ( 4 ) Veoetation and Wildlife (miticated by
following the recommendations of the biologistforriparian and
wetland enhancement and protection of wildlife) ; ( 5 ) Parks and
Recreation (mitigated by payment of park fees and provision of
trails) ; ( 6) Archeology (mitigated by site specific review at
the time of construction) ; ( 7 ) Drainage and Flood Hazards
(mitigated by requiring an acceptable erosion control and
vegetation plan and implementation of the proposed drainage
district ) ; ( 8 ) Air Quality (mitigated by imposing limitations on
construction activities ) ; (9 ) Noise (mitigated by site
restrictions on construction activities and design and
construction standards ) ; ( 10) Eneray (mitigated by application
of active and passive solar systems and other efforts to reduce
long-term energy consumption for these projects ) .
( b) The cumulative impacts a r.d growth
inducing impact Of the Camino Tassajara General Plan Amendment
combined with other existing and contemplated development have
been addressed as follows . As to the impact on Open Space,
ridgelines identified as major or significant in the area have
been consistently protected and the visual integrity of the
Camino Tassajara Road as a scenic thoroughfare has been
preserved. Limited and visually mitigated development in the
saddle and spur near the east end of the Bettencourt Ranch will
provide visual interest and relief near the ridgeline open
space. As to Drainage and Flood Hazards, an area for the
regional detention basin facility with riparian and visual
enhancements has been designated on the Bettencourt Ranch. As
to Geology and Soils Stability, the higher and steeper
elevations have generally been preserved as open space. As to
Traffic and Circulation, maximum unit counts for development in
the Crow Canyon Corridor Area in combination with other
development are well within the assumptions of the Crow Canyon
Corridor Traffic study and the Joint Exercise of Powers
Agreement (there is also sufficient capacity for the future
limited Country Estate development of the Mrack Road Easterly
Development Area ) . As to Parks and Recreation, trails have been
designated through the Bettencourt Ranch property consistent
with an overall trail plan and adequate public and private
recreational facilities have been planned for in the area to be
financed by new development . Furthermore, the number of units
possible within the Camino Tassajara General Plan Amendment area
have been limited by the map and text such that impacts
generally have been minimized in this final stage of development
within the Crow Canyon Corridor Area . Other cumulative impacts
have been addressed (e.g . , Noise, Air Quality, and Wildlife ) by
common site specific mitigation measures .
(c) With regard to any cumulative growth
inducing impacts beyond the area of the Camino Tassajara General
Plan Amendment , Contra Costa County ' s 2218-RZ rezoning and
agricultural land use policies have created a demarcation
between urban development and more rural uses in the Tassajara
and Dougherty Valleys . This Camino Tassajara General Plan
Amendment fits within the context of the 2218-RZ land use
policies as a completion of Stage III-A and the Crow Canyon
Corridor development area and , as such, will not induce growth
beyond the urban limit lines provided for in 2218-RZ . Assuminc
future urban development on the agricultural side of the 221E-RZ
zoning line, such development shall be responsible to develop
the necessary infrastructure to mitigate its cumulative impacts .
E. ALTERNATIVE ANALYSES.
(1) No Project Alternative. The no project
alternative is not found to satisFy the housing needs of Contra
Costa County in that complete development of the Crow Canyon
Corridor Area, consistent with 2218-RZ , is necessary to provide
housing for the expanding employment centers in the Bay Area ,
particularly in southern Contra Costa County and nearby Alameda
County. Additionally, -the Camino Tassajara General Plan
Amendment area is virtually surrounded by development projects .
The retention of this area as agricultural land would be
-o-
inefficient for agricultural production because of the
incompatibility of such use with the Shadow Creek project , the
Blackhawk Estates, and the Blackhawk commercial center bordering
the west side of the General Plan Amendment area.
(2) Environmentally Superior Alternatives.
(a) Udjur Property. The environmental
superior proposal for the Udjur property would provide for one
hundred seven ( 107 ) units on fifty-five thousand ( 55 , 000 ) square
foot lots. It would also entail coordinated grading with
Bettencourt Ranch project and a masonary sound wall along Camino
Tassajara with attractive landscaping between that wall and the
roadway. Additionally, "color spots" would be distributed
throughout the project. The Camino Tassajara General Plan
Amendment, at the high range, allows up to approximately one
hundred thirteen ( 113) patio homes , but to mitigate that
additional impact the project will be required to coordinate
with development of the Bettencourt Ranch, provide significant
landscape buffering within the project and provide• a masonry
wall along Camino Tassajara with appropriate landscaping . As
such, the project impacts are mitigated. As project specific
applications are made, the actual number of units will be
determined and further mitigation may be imposed to ensure an
environmentally superior project .
(b) Bettencourt. Ranch Project . The
Bettencourt Ranch envirommenta-1 .1y superior alternative provides
predominantly for the protection of the ridaelines in the
project , buffering of the PG&E substation, provision of an
adequate detention basin within the project ard providing for
proper access to and adequate buffering from Camino Tassajara
Road . The Camino Tassajara General Plan Amendment addresses
these concerns by requiring compliance with the Danville Scenic
Hillside and Major Ridgellne Ordinance (particularly in areas
determined to be major or significant ridgel'ines on the site ) ,
significant landscaping and design criteria for the PG&E
substation and an adequate storm water detention basin with
riparian and visual enhancements . Additional concerns noted in
the environmentally superior alternative will be addressed as
project specific applications are made by the developer to
ensure that an environmentally superior project is created .
(c) Integrated Project Alternative. The
Commission has also considered the possibility of an - ntearated
project between the Udjur and Bettencourt properties . Thearea
of primary concern is the southwest portion of the Bettencourt
Ranch property and the adjacent Udjur property. The alternative
requires a transition of ---density providing for less dense
parcels on the Udjur property as it coordinates with the larger
lots of the Bettencourt 'Ranch project . It is also designed to
-7-
eliminate one access point onto Camino Tassajara Road . The
Commission recognizes that integrated and coordinated projects
are appropriate but the purposes thereof may be equally achieved
by the use of well planned individual projects that recognize
the actual property lines but are designed to be complimentary
to each other on the property border. Alternatives which
require one property owner to coordinate a project with another
property owner by actual physical integration are unacceptably
speculative. It is more appropriate to allow for the individual
development of properties but address the border areas in a
manner that gives a compatible and complimentary property
transition.
(3) No Alternative Sites Development of the
subject properties consistent with the Camino Tassajara General
Plan Amendment completes the development of the Crow Canyon
Corridor Area (Stage III-A of the 2218-RZ agricultural
rezoning ) . Alternative development sites in the San Ramon
Valley are comprised of lands currently designated for
agricultural use under 2218-RZ . Therefore, there are no
alternative sites available to be considered for the units and
urban land use designations contemplated herein, without causing
skip development of agricultural lands.
F. STATEMENT OF OVERRIDING CONSIDERATIONS.
The San Ramon Valley Regional Planning Corrunission
recognizes that the Camino Tassajara General Plan Amendment has
been recommended contemplating continued processing OF
development projects for at least the Bettencourt Ranch and
Udjur properties. Nevertheless , there are no actual develor)ment
plans and rezoning proposals before the Commission . The
significant environmental impacts identified by the FEIR vary
from more general impacts to very site specific impacts . The
Camino Tassajara General Plan Amendment addresses those more
general impacts by putting general limitations on development
densities, areas appropriate for development , flood control
concerns, specific aesthetic concerns and general traffic
concerns . There are certain impacts identified within the FEIR
which have not been mitigated by the Camino Tassajara General
Plan Amendment . Those impacts will be addressed as part of
subsequent development projects for the individual properties in
the area.
To the extent that general area-wide and specific
impacts have not been and wil '_ not be mitigated by the Camino
Tassajara General Plan Amendment , the Commission finds that Camino
impacts are justified by the need to increase the housinc supply
in Contra Costa County in � order to accommodate the 6ountvf .
S
growing population and employment base. The Associati6n of 'Bay
Area Governments (ABAG) predicts a major short fall of housing
-8-
in the near future of up to twenty-five thousand (25, 000) units
in the area if more land is not converted to housing. - As
confirmed in the Growth Trends 1985 Study published by Contra
Costa County, there will be a need for approximately one hundred
ten thousand (110,000 ) new homes by the year 2005 in Contra
Costa County. Significant numbers of homes will be needed in
the San Ramon Valley area based on the employment opportunities
provided by Bishop Ranch and Hacienda Business Park. it is
important to provide homes in the Tassajara Area near the
employment centers to provide a reasonable local jobs-housing
balance . Such impacts that may not be mitigated include, but
are not limited to impacts on public service and utilities ,
slope stability, drainage and flooding, loss of agricultural
land, visual impact , impacts on riparian habitats and wildlife,
elimination of open space, and buried prehistoric cultural
resources on the site, air quality, noise, energy, traffic and
circulation. Other Responsible Agencies (e.g. Town of Danville ►
Local Agency Formation Commission, East Bay Municipal Utility
District , and Central Contra Costa Sanitary District ) will be
required to evaluate projects consistent with the Camino
Tassajara General Plan Amendment . This Statement of Overriding
Considerations may be applied by said Responsible Agencies in
the evaluation of the particular projects before them.
-9-
EXHIBIT I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 2, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 88/491
SUBJECT: In the matter of the Camino }
Tassajara General Plan Amendment )
The Board of Supervisors of Contra Costa County RESOLVE :
That there is filed with this Board and its Clerk , a copy of
Resolution No. 29-1988 (SR) adopted by the San Ramon Valley
Regional Planning Commission proposing an amendment to the
County General Plan in the Danville area along Camino Tassajara
Road. The Commission approval for the amendment calls for a
change from Single Family Residential Low Density , Country
Estates and Agricultural Preserve to Single Family Residential
High, Single Family Residendial Low Density , Country Estates ,
Public and Semi -Public and Open Space . It also modifies the
Circulation , Scenic Routes , and Recreation Elements of the
County General Plan .
On June 14 , 1988, the Board held a hearing on said amendment .
Notice of said hearing was duly given i n a matter as required
by law. The Board, at the hearing, called for testimony of all
persons interested in this matter and numerous persons spoke in
favor and in opposition to the amendment and to specifics of
the amendment map and text . At the conclusion of the
testimony , the Board closed the public hearing and directed
staff to respond to several of the issues raised.
On July 27, 1988 the Director of Community Development
submitted a recommendation on the issues raised. The Board
scheduled August 2 , 1988 for a decision on this matter and
provided a courtesy notice to those that testified before the
Board on this matter that the Board was scheduled to vote on
August 2 , 1988'. Supervisor Schroder discussed the meet and
confer process which had occurred since the last Board
meeting on this issue.
Supervisor Schroder moved to approved the Camino Tassajara
General Plan Amendmept in accordance with the July- 27 , 1988
recommendations from the Director of Community Deve!fopment '
which recommends approval of the Final EIR , directs that
revised CEQA findings be prepared, modifies the plan map and
text for the southeast portion of the site , approves the Camino
Tassajara General Plan Amendment , and instructs staff to
include this within a combined plan amendment for 1988.
The motion further directed that wording be added to page 3 of
the plan text as follows , and that the plan map be modified
accordingly :
RESOLUTION NO. 881/491
With respect to the development area in the northeast
corner of - the property. a road along the east
property line connecting that residential area to the
balance of the project may be allowed subject to a
thorough review of the geotechnical and aesthetic
impacts.. Decisions on the appropriateness of such a
road will be determined through the development plan
process . Development in the northeast corner shall
be limited to the 975 foot elevation . and not be
visible from the south of the ridge. Development on
the Camino Tassajara side of the ridge will be
consistent with the Danville Scenic Hillside and
Major Ridgeline Ordinance .
The revised plan map and text are attached hereto as Exhibit A. •
The Board hereby further finds that the proposed amendment will
have a significant impact on the environment and that an
Environmental Impact Report was prepared and processed in
compliance with the California Environmental Quality Act and
the County ' s Environmental Impact Guidelines .
The Board further directs the County Community Development
Department to incorporate this amendment into a combined
amendment to the General Plan which this Board will consider
for adoption during the 1988 calendar year as one of the four
permitted amendments to the mandatory elements of the County
General Plan.
cc: Community Development Department
County Counsel
County Administrator
County Public Work s t hereby certify that this Is a true and correct copy of
City of Oa n v i 1 l e an action taken and entered on the minutes of the
Attachment Board of Supero rs on the date shown..
JWC/jb ATTESTED: E41-4-1zf—a�q f k'jc1/camtas88 . res P141LSATCHEofthe rd
Boa
Of Supervisors and County Administrator
a
By .Deputy
RESOLUTION NO. 88/491
EXHIBIT A
CAMINO TASSAJAR.A
GFS PLAN AMENDMENT
Z. I;IT3CDUC'�'CN
This amendment pertains to the Land Use Circulation, Scenic
Routes , and Recreation Elements of the County General Plan.
The amendment area consists of appr_-ximately 386 acres of
land located on t1te north side of Cam_.no Tassajara in the
Danville area.
7.7-. LAND USE %='r
This amendment changes the lard use designation and
locations of land from Single Family Residential-Low
Density, Country Estates and Agricultural Preserve to Single
Family Residential-High Density, Single Family
Residential-Low Density, Country Estates, Open Space, and
Public and Semi- Public. The land use designations in this
plan amendment are described as follows and shown on Map A:
Single Family Residential-Low Densitv:
The allowable range of 1 to 3 units per acre provides
flexibility for designing projects to reflect variations in
topography, proximity to existing development, and the
ability to provide facilities and services. The Planned
Unit Development (P-1) approach shall be utilized for this
area, so that lower densities can be placed on steeper or
outlying portions of the site with higher densities locating
on the more suitable terrain.
Single Family Residential-High Densitj:
The allowable range of 5 to 7 units per acre provides
flexibility for designing a project which reflects a more
intense development as a buffer between single-family and
commercial areas. Housing in this area shall be primarily
single-family in character, but includes the use of zero
sideyards or attached units. The Planned Unit Development
(P-1) approach shall be utilized for this area to assure
provision of reasonable outdoor living areas and common open
space and/or recreational areas and facilities.
Country Estates:
Country Estate areas are located in topographically
difficult areas and in outlying areas where a large compact
population is not appropriate. As the name and minimum lost
size imply, the character of these areas is to be rural.
Keeping livestock for pleasure is appropriate in these
areas. Lots larger than one acre are desirable and may be
required on slopes over 15%, where hazardous conditions are
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found, or for other reasonable purposes. Existing
residential zoning categories of R-40 or larger parcel size
are compatible with the Country Estate designation.
Oven Svace:
Open Space lands shall be those areas permanently protected
as open space either through public ownership of enforceable
restrictions. It includes lands which may have a
agricultural use or have public facilities e.g, a park or
drainage facilities.
Public and Semi-Public: Lands designated in this category
are to be of restricted noncommercial uses which support and
are of compatible intensity with the adjacent residential
uses in the area, such as childcare facilities, a church,
private recreation areas or landscaped open space.
III. CIRCULATION & SCENIC ROUTES ELEMENTS
The location of Camino Tassajara Road needs to be relocated
to eliminate the "Bettencourt curve" . This relocation is to
reflect the change in alignment as shown on Map B; it will
not modify any existing plan policies.
IV. RECREATION ELEMENT
The trails plan is modified to reflect the hiking and riding
trails shown schematically on Map B. These will be a
project amenity and if through connections can be provided,
they would be appropriate additions to the regional trail
network. The construction is the obligation of the project
developers.
V. PROPERTY DESIGNATIONS
o Ujder Property
The Ujder property is designated Single Family
Residential-High Density as previously defined. Patio
homes may be developed on this site and shall include
recreational amenities and internal open space areas
for the use of future residents. Appropriate buffering
including landscaping and a masonry wall shall be
provided along the property' s western boundary to
screen future develop- ment from the adjacent
commercial center. Special landscaping will be
required to buffer the homes of Blackhawk Ranch to the
north from the future development of the site. Grading
and internal circulation shall be coordinated between
this site and the Bettencourt Ranch property.
o Bettencourt Ranch
The Bettencourt property is designated for a
combination of Single Family Residential-Low Density
2 .
Public and Semi-Public, and General Open Space as
previously defined. The residential area .is generally
located in the central portion of the site, which
includes the North and South facing slopes below the
major ridge which crosses the site. Development on the
site should consist of single family lots and shall not
exceed 470 units. The actual number shall be
determined through the rezoning process to Planned Unit
Development (P-1) District. There are three areas of
the site which are designated as General Open Space.
The first area is adjacent to Camino Tassajara. This
area includes the creek channel near the southeast
corner of the site and the setback from Camino
Tassajara Road. This area should be used for
functional open space and also to accommodate detention
facilities for stor:mwater. The second open space area
encompasses the upper portions of the east/west running
ridge which crosses the property. Development will be
consistent with the Danville's Scenic Hillside and
Major Ridgeline Ordinances. The third open space area
encompasses the 175 foot wide PG & E easement
transversing the site.
Grading and internal circulation shall be coordinated
between this site and the Ujder and Shadow Creek
development. As a condition for rezoning of the
property, the owner shall dedicate the necessary
right-of-way for straightening of the existing curve in
Camino Tassajara. The remnant of lands created by the
realignment of Camino Tassajara is designated for
Public and Semi-Public use with the intent of allowing
for childcare or a similar use. As an alternative the
land may be used as a private low intensity recreation
facility or as landscaped open space.
o The Easterly Development Area
This area shall remain designated as Country Estate,
thereby providing an alternative rural lifestyle in the
area. Rezoning to R-40, R-65, or R-100 and minor
subdivisions consistent with this land use designation
are contemplated.
o PG&E Property
The PG&E property is located adjacent to Camino
Tassajara immediately south of the PG&E easement. This
property is surrounded by the Bettencourt property.
Use of this property as a transfer substation (as a
conventional above-ground substation) , is unacceptable
due to its location in proximity to Camino Tassajara, a
designated Scenic Corridor, as well as visual impacts
on future adjacent residential uses.
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A substation should be discouraged on the site.
However, if PG&E insists on attempting use of this
site, then design guidelines shall be followed in its
development. The County staff shall not grant any
permits for work on this facility unless the San Ramon
Valley Regional Planning Commission determines that the
guidelines listed below are satisfied.
Guidelines:
The substation shall be placed on the northern
portionof the site to reflect., at a minimum, the
setback allowed on the adjacent development.
Mature large size landscaping will be required to
be installed immediately upon completion of the
substation and to be maintained by PG&E.
- The design of the west branch of Alamo Creek will
be integrated into the plans of the County Flood
control and Water Conservation District detention
facility to be built upstream, and it will be
improved in an environmentally sensitive fashion.
Fencing and landscaping will be done in compatible
fashion with the Bettencourt Ranch project.
Trails will be allowed and constructed by PG&E
within this site in their right-of-way. This
includes the use of the 175 foot easement which
also crosses the Bettencourt property.
The substation shall be built inside an enclosed
structure to minimize visual impacts; the exterior
design shall be subject to the review and approval
of the San Ramon Valley Regional Planning
Commission.
Failure to observe these guidelines and other
reasonable conditions and to agree to reasonable
conditions prior to requesting necessary grading
and encroachment permits, will lead to County
opposition to the substation.
VI. SPECIAL CONSIDERATIONS
Development of projects within this area shall be done
through the Planned Unit District process.
4 .
r
The landscaped setbacks from Camino Tassajara required for
adjacent projects shall be continued onto these properties
and shall provide a minimum 3o foot wide landscaped setback
from the right-of-way along Camino Tassajara and shall
include landscaping, bicycle and pedestrian paths and a
masonry wall adjacent to the residentially developed areas.
Off-site road obligations for the Bettencourt and Ujdur
properties shall be consistent with the Crow Canyon Road
Traffic Joint Powers agreement.
JWC/jb/vpl
JWC3/camtass.gpa
5 .
M. 1
--EXHIBIT II
CONDITIONS OF APPROVAL FOR FIMAL DEVELOPMENT PLAN 3026-88 AND SUBDIVISION 6836:
1. This application for final development plan and tentative map as generally
shown on the exhibits listed below is approved subject to the following
conditions.
Exhibit Description
A Revised Tentative Map/Final Development Plan dated
received November 29, 1988.
B Schematic Landscape Plan
C Architectural Package including Unit Floor Plans,
Elevations, and Entry Feature Design.
2. At least 30 days prior to filing a final subdivision map, a revised site
plan and grading plan shall be submitted for the review and approval of the
Zoning Administrator. The revised plan shall provide for a maximum of 107
lots and the following additional changes.
a. A coordinated grading and emergency vehicle access plan with the ad-
joining Bettencourt Ranch project shall be pursued identifying pro-
posed grading pads, perimeter fencing, slopes, retaining wall and
connecting (gated access) road on both properties.
b. A 4f foot wide sidewalk on at least one side of each street, and a 5
foot public utility easement along the opposite side.
C. The cul-de-sac bulb next to Lot 3 shall be adjusted several feet to
the west to allow for a minimum 15 foot rearyard setback for lot 3.
d. The common-area landscaped shoulder between Lot 39 and Waterfall Drive
shall be widened to 10 feet.
e. A detailed site plan shall be provided allowing for:
- swimming pool
- tot lot
- poolhouse/homeowner association 350-450 square foot meeting room
structure
- an open flat lawn area
- parking lot (which may be reduced from ten spaces to seven)
f. A detailed landscape plan shall be submitted for the landscape buffer
provided along Camino Tassajara.
1. The plan shall provide for a decorative six-foot soundwall to be
placed along the top of bank. The wail shall be a tomex,
2
_ _split-face blockwall to match the wall approved for the Tassajara
Ranch project (Sycamore and Tassajara Assessment District Wall ).
2. Landscaping shall match the landscape design for the Sycamore and
Tassajara Assessment District.
g. Development plans and detail of the other common areas (e.g. , entry-
way, open space belts) shall be submitted. Landscaping of common ar-
eas shall be in accord with the County policy for drought tolerant
plants. Interior open space areas shall be planted with ground cover
and irrigated to assure a weed-free environment. A street tree pro-
gram shall be submitted. 15-gallon evergreen trees @ 20' o.c. shall
be planted along the western boundary line (Blackhawk Commercial
Center) . A decorative masonry wall design along the Commercial Center
boundary shall be submitted. Trails shall be designed in the
open-space corridors to provide pedestrian connections between roads
and sidewalks. The applicant shall diligently pursue pedestrian
connections to the adjacent commercial center.
h. A minimum 30 foot wide common area landscape buffer shall be estab-
lished inside the northern boundary of the project. This requirement
may be waived in the event that an off-site landscape buffer is se-
cured in accord with Condition #5 below.
3. Covenants, Conditions and Restrictions, Articles of Incorporation and By-
laws for a mandatory homeowner's association shall be submitted prior to
filing the Final Subdivision map. The document shall provide for among
other things, the ownership and maintenance of streets, recreation facili-
ties, trails and other common facilities.
4. The guide for the development of the residential units shall be the R-6
district except as follows:
Minimum lot area - 4000 square feet
Minimum Average lot width - 40 feet
Minimum frontyard setback (measured from back of curb or edge of sidewalk
whichever is nearer) - 17 feet
Minimum sideyard .setback (distance between residences) - 10 feet
Minimum rearyard one-story setback - 12 feet
Minimum rearyard two-story setback - 15 feet
Minimum setback from project boundary - 15 feet
Minimum driveway apron width - 16 feet
Lots 31 and 32 on the 11/29/88 site plan shall be limited to single-story
residences.
All garages shall be constructed with automatic sectional doors.
All dimensional requirements are subject to further Zoning Administrator
review and approval at time of issuance of building permits.
5. Lots 63, 69, 80 and 98 may be recovered if the applicant succeeds in ac-
quiring an off-site landscape/grading buffer easement on the adjoining
property to the north with a minimum width of 20 feet.
3
6. All construction and transportation equipment shall be muffled in accor-
dance with State and Federal requirements.
7. Urban service boundary reorganization shall be established prior to
recordation of the Final Map. The property shall be annexed to the East
Bay Municipal Utility District and Central Sanitary District.
B. The applicant shall develop, in conjunction with the Building Inspection
Department, a program to minimize erosion and generation of dust resulting
from grading operations.
9. Prior to issuance of building permits, plan elevations and materials of
construction shall be approved by the Zoning Administrator.
a. Special attention shall be given to proposed two-story blank walls.
The walls should be mitigated by roof treatment and second floor in-
sets.
b. Frontyard landscaping shall be installed by the developer. Alterna-
tive landscape designs shall be submitted for review.
C. Alternative yard drainage systems to replace the "V" ditch system
shall be submitted.
d. Interior fence designs shall be submitted.
10. Phasing of the project shall be subject to prior review and approval of the
Zoning Administrator.
11. On-street parking shall be limited to one side of the street and posted
accordingly.
12. Comply with the Transportation Systems Management (TSM) policy.
13. Prior to filing a final map, the applicant shall submit a demand survey and
response programs to serve the child care needs of the project for the re-
view and approval of the Zoning Administrator. The program shall satisfy
the requirements of Ordinance 88-1 of the Zoning Code. Prior to occupancy
of residential units, the approved response program shall be implemented.
14. Comply with the requirements of the County Geologist as follows:
a. Prior to recordation of a Final Map, issuance of Building Department
permits or installation of improvements, carry out or bond the grading
recommendations of the geotechnical report of Purcell , Rhoades, & As-
sociates dated 9/16/86. Record a statement to run with deeds to the
property acknowledging the approved report by title, author (firm) ,
and date, calling attention to the Discussion on pages 11-14, Recom-
mendations of pages 14-36, and Recommended Grading Specifications of
Appendix A, and noting that the report is on file for public review in
the Community Development Department of Contra Costa County.
b. Prior to issuance of Building permits in this subdivision, submit an
as-graded report of the geotechnical engineer with a map showing final
t
4
plan and grades for subsurface drainage, subdrain cleanouts and dis-
posal or pickup points, fill shear keys and/or retaining walls in-
stalled, and other soil improvements installed during grading, all as
surveyed by a licensed land surveyor or civil engineer.
C. A Grading bond is required to carry out the recommendations of the
preliminary soil report. Provide the bond and an engineer's estimate
of the cost of required soil improvements with the application for
grading for this subdivision.
15. Prior to submitting revised site plans for Condition #2 above, the appli-
cant shall diligently pursue obtaining the consent of Blackhawk Commercial
Center for the establishment of direct pedestrian access to the center from
the adjoining open space corridors. The applicant shall offer to make ap-
propriate off-site pedestrian improvements onto that property (e.g. , fence
opening, walkways) .
16. Prior to filing a final map, the applicant shall contribute $1670 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 received credit against this fee obligation for the cost of
on-site recreational facilities in accord with Chapter 920-8 of the Subdi-
vision Code.
17. Comply with the following road, drainage 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. Conformance with the
Ordinance Code includes the following requirements:
1. Constructing road improvements along the frontage of Camino
Tassajara as follows:
a. Construct curb (face of curb located 15 feet from the right
of way line) , a 36 foot wide half-width pavement, and nec-
essary transverse and longitudinal drainage. A transition
will be required from this cross-section of frontage im-
provement to that of the existing frontage improvements
along the property immediately to the west of this develop-
ment (The Blackhawk Commercial Center) . The transition
shall occur between the access road (Waterfall Drive) and
the easterly property line. The design of this transition
shall be subject to review by the Town of Danville and ap-
proval by the County Public Works Department. Slight ad-
justments to the cross-section described above shall be
subject to the review and approval of the Zoning Adminis-
trator following referral to the Town of Danville and the
Public Works Department.
b. Construct an 8 foot meandering pedestrian and bike pathway
along the northerly edge of the right of way. The pathway
shall be free of obstructions and shall have 2 feet of
5
clearance, at least, from obstructions on both sides. That
portion of the pathway not located within the right of way
shall be located within a public access and utility ease-
ment.
C. Construct a landscaped half-width median strip with neces-
sary left turn lanes at the access road intersection. A
median break shall be provided to allow left turns into the
development but not out of the development.
d. Landscape the border strips (pathway area) and medians,
subject to approval by the Zoning Administrator; and:
1. Design the irrigation system so that irrigation water
will not spray or flood onto the pavement surface of
the roadway; and
2. Establish a landscape maintenance entity subject to
approval of the Public Works Department.
e. Coordinate the installation of utility installation and
frontage improvements so as to cause minimum inconvenience
to the public to include the following:
1. Prior to construction, submit a detailed plan, to the
Public Works Department, showing improvements to be
constructed, conforms with existing and/or adjacent
improvements, pavement striping details, and staging
plans.
2. Paving of all detours. Any exception shall be subject
to the review and approval of the Public Works Depart-
ment.
3. Limiting unavoidable delays to the public due to con-
struction operation to no more than five (5) minutes.
f. Submit a detailed sketch plan of the required. road improve-
ments at the major intersections of the Subdivision, for
Public Works Department review and approval , prior to sub-
mitting improvement plans.
2. Constructing paved turnarounds at the end of the proposed private
roads.
3. Undergrounding of all utility distribution facilities.
4. Conveying all stormwaters to an existing adequate storm drainage
facility.
5. Installing street lights on Camino Tassajara and applying for
annexation to County Service Area L-100 for maintenance of the
street lights. The final number and location of the lights will
be determined by the County Traffic Engineer.
6
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. Submitting improvement plans prepared by a registered civil en-
gineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
County Traffic Engineer.
B. Convey to the County, by Offer of Dedication, right of way on Camino
Tassajara as required for the planned future width. The planned
half-width of right-of-way to the west of the access road (Waterfall
Drive) is 58 feet and the planned half-width of right-of-way to the
east of the access road is 64 feet.
C. The entry road right of way and the on-site private road right of way
shall be 57 feet and 37 feet, respectively, to provide right of way
for a 4 foot wide sidewalk along the interior road system.
D. The interior road system shall be constructed to County private road
standards.
E. Provide a 5 foot public utility easement along the interior road sys-
tem on the sides opposite the sidewalk.
F. Relinquish abutter's right of access along Camino Tassajara except for
one access road into and out of the development.
G. 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 per-
manent, road and drainage improvements.
H. Comply with the drainage fee requirements for Drainage Area 101A as
adopted by the Board of Supervisors.
I. Mitigate the off-site traffic impact of this development by:
1) 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, County's Reimbursement
Agreement with Blackhawk, dated September 16, 1986 (approved by
Board Resolution No. 86/560) , and any and all subsequent actions
in furtherance thereof. Applicant shall pay to 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 County's separate account
entitled, "Crow Canyon Road Extension - Area of Benefit" (County
Trust 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
subsequently annexed to either City, the obligation to pay such
fees shall continued.
1 '
w
J. Prior to issuance of building permits, file the Final Map for Subdi-
vision 6836.
ADVISORY NOTES
A. Comply with the requirements of the San Ramon Valley Fire Protection Dis-
trict.
B. Comply with the requirements of the Joint Exercise of Powers Agreement
related to the Tassajara Area Transportation Improvement Fees. As part of
the requirements of that Joint Excerise of Powers Agreement, a portion of
the fees collected from this development will be applied to the Crow Canyon
Road Extension Reimbursement as required by the Crow Canyon Road Extension
Area of Benefit.
RD:vpl
RZ10/a:3026-88.coa
12/2/88
3/8/89
4/11/89
ORDINANCE NO. 89-13
(Re-Zoning Land in the
Danville Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Page U-18 of the County's 1978 Zoning Map (Ord. No. 78-93) is
amended by re-zoning the land in the above area shown shaded on the map(s) attached
hereto and incorporated herein (see also Community Development Department File No.
2803-RZ )
FROM: Land Use District A-2 ( General Agriculture )
TO: Land Use District P-1 ( Planned Unit Development )
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec. 84.2.003.
f— A-4
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SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the CONTRA COSTA TIMES , a
newspaper published in this County.
PASSED on April 11, 1989 by the following vote:
Supervisor Adie No Absent Abstain
1. T. M. Powers (X) ( ) ( ) ( )
2. N. C. Fanden (X ) ( ) ( ) ( )
3. R. I. Schroder (X ) ( ) ( ) ( )
4. S. W. McPeak (X ) ( ) ( ) ( )
5. T. Torlakson (X ) ( ) ( ) ( )
ATTF.S'T: Phil Batchelor, County Administrator
and C rk oft Board of 5upervisors �
Chairman of the Board
By r Dep. (SEAL)
ORDINANCE NO. 89-13
2803-RZ Udjur