HomeMy WebLinkAboutMINUTES - 04031990 - T.3 T,3
TO ;POARD OF SUPERVISORS
,t
FROM'. Harvey E. Bragdon, C\Jl ltra
Director of Community Development #�Sta
DATE'. April 2 , 1990 Court]
Development Agreement between Contra Costa County,OanSmith Land
SUBJECT: and Development Company relative to the Development known as
Rancho Paraiso (County File #2795-RZ, #3011-88, and SUB 7110) ,
Walnut Creek Area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Accept the Negative Declaration prepared for this project as
being adequate.
2. Find that the attached development agreement is consistent
with the County General Plan and Conditions of Approval for
the development known as Rancho Paraiso (County File
#2795-RZ, #3011-88 and SUB 7110) .
3 . Adopt the attached Ordinance for the Smith Land and
Development Company relative to the development known as
Rancho Paraiso.
4. Authorize the Director of Community Development to sign and
execute the Agreement after it has been duly signed by the
Smith Land and Development Company.
BACKGROUND/REASONS FOR RECOMMENDATION
This matter was heard by the Zoning Administrator on February 26,
1990 and was found to be in conformance with the County General
Plan, and with the Conditions of Approval for Rezoning and
Preliminary Development Plan 2795-RZ, Final Development Plan
3011-88 and Subdivision 7110 .
CONTINUED ON ATTACHMENT: YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO. N A ION O BOA COMMITTEE
_ APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 3, 1990 APPROVED AS RECOMMENDED X OTHER _
This is the time heretofore noticed for hearing on the above matter, the public
hearing was 'opened and the following persons°appeared to speak: John Ginochio,
1575 Northgate Road, Walnut Creek, expressed concerns relative to issues
including, fencing, right of way, and garbage. The public hearing was closed.
The Board discussed the matter. Supervisor Schroder moved acceptance of the
above recommendations. IT IS BY THE BOARD ORDERED, that recommendations 1, 2, 3
VOTE OF SUPERVISORS and 4 are APPROVED f and Ordinance 90-27 is ADOPTED.
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: __ NOES:_ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED _ April 3, 1990
All other distribution via CDD PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
0BY `� DEPUTY
,M382/7-83 --
L
ORDINANCE NO. 90- 27
(Rancho Paraiso Development Agreement)
The Contra Costa County Board of Supervisors ordains as follows:
Section I . The Board hereby finds that the provisions of that
certain Rancho Paraiso Development Agreement between the County
of Contra Costa and Smith Permabuilt Development Co. , 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
approval for the Rancho Paraiso project.
.Section II . The Board hereby approves, pursuant to the
authorization provided in Section 65864 et. sem. of the
Government Code of the State of California, entering into that
certain Rancho Paraiso Development Agreement between the County
of Contra Costa and Smith Permabuilt Development Co. , subject to
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 as 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 phrase 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 of passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times, a newspape) published in
this County.
PASSED on April 3, 1990 by the following votes:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT:None
ABSTAIN:None
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Su ervisors and County Administrator
By: (L
Dep ty Board Ch r
r
s
RECORDING REQUESTED BY:
Sanford M. Skaggs
Michael H. Zischke FSB 1? (i 1990 DD
AND WHEN RECORDED MAIL TO: CONTRA COSTA COUNTY
Community Dept,
Sanford M. Skaggs
Michael H. Zischke
McCutchen, Doyle, Brown & Enersen .
P. O. Box V
Walnut Creek, CA 94596-1270
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COUNTY OF CONTRA COSTA AND SMITH LAND & DEVELOPMENT CO.
RELATIVE TO THE DEVELOPMENT KNOWN AS
RANCHO PARAISO
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TABLE OF CONTENTS
Page
RECITALS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 1 . General Provisions . . . . . . . . . . . . . 7
A. Incorporation of Recitals . . . . . . . . . . . 7
B. Covenants . . . . . . . 7
C. Effective Date . . . . . . . . . . . . . . . . . . . . . . 7
D. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
E. Amendment of Agreement . . . . . . . . . . . . . . 8
( 1) Due Process Exemptions . . . . . . . . . 8
(2) Amendment Exemptions . . . . . . . . . . . 8
F. Amendment of Development Plan,
Parcel Map and Conditions of
Approval 9
( 1) Administrative Amendments . . . . . . 9
(2) Non-Administrative
Amendments . . . . . . . . . . . . . . . . . . . . . 11
Section 2. General Development of the
Property 11
A. Development and Control of
Development . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Permitted Uses 11
C. Rules, Regulations and Official
Policies . . . . . . . . . . . . . . . . . . . . . . . . . . 14
( 1) Effective Standards 14
(2) No Conflicting Enactments . . . . . . 14
(3) Initiatives and Moratoria 15
(4) State and Federal Laws 16
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Page
D. Development Timing . . . . . . . 17
E. Fees, Conditions and
Dedications . . . . . . . . . . . . . . . . . . . . . . . . . 17
( 1) Processing Fees . . . . . . . . . . . . . . . . 17
(2) Police Power; Taxing Power . . . . . 18
(3) Environmental Mitigation . . . . . . . 19
F. Life of Subdivision Maps . . . . . . . . . . . . 19
Section 3 . Obligations and
Contributions by Developer . . . . . 20
Section 4 . Cooperation-Implementation . . . . . 20
A. Processing . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. Other Governmental Permits . . . . . . . . . . 22
.C. Eminent Domain Powers . . . . . . . . . . . . . . . 23
Section 5 . Cooperation in the Event
of Legal Challenge . . . . . . . . . . . . . 23
Section 6 . Default; Remedies;
Termination . . . . . . . . . . . . . . . . . . . . 23
A. General Provisions . . . . . . . . . . . . . . . . . . 23
B. Annual Review 25
C. Default by County 27
D. Enforced Delay; Extension of
Time of Performance . . . . . . . . . . . . . . . . . 27
E. Legal Adtion . . . . . . . . . . . . . . . . . . . . . . . . 28
F. Applicable Law . . . . . . . . . . . . . . . . . . . . . . 28
Section 7 . Hold Harmless Agreement . . . . . . . . 28
Section 8 . No Joint Venture or
Partnership . . . . . . . . . . . . . . . . . . . . 29
Section 9 . General 29
Section 10 . Notices . . . . . . . . . . . . . . . . . . . . . . . . 31
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Section 11 . Consent of Other Parties . . . . . . . 32
Section 12 . Assignment and Notice . . . . . . . . . . 33
Section 13 . Estoppel Certificate . . . . . . . . . . . 33
Section 14 . Counterparts and Exhibits . . . . . . 34
1017T/1016T
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DEVELOPMENT AGREEMENT BETWEEN THE
COUNTY OF CONTRA COSTA AND SMITH LAND & DEVELOPMENT CO.
RELATING TO THE DEVELOPMENT 'KNOWN AS
RANCHO PARAISO
THIS DEVELOPMENT AGREEMENT (hereinafter this
"Agreement" ) is entered into this day of 1990 by
and between SMITH LAND & DEVELOPMENT CO. , a California
corporation (hereinafter "Developer" ) , and the COUNTY OF CONTRA
COSTA, a political subdivision of the State of .California
(hereinafter "County" ) , pursuant to the authority of
Sections 65864 et seq. of the Government Code of the State of
California.
RECITALS
A. To strengthen the public planning process,
encourage private participation in comprehensive planning and
reduce the economic risk of development, the Legislature of the
State of California adopted Section 65864 et seq. of the.
Government Code (the "Development Agreement Statute" ) , which
authorizes the County to enter into an agreement with any
person having a legal or equitable interest in real property
providing for the development of such property and establishing
certain development rights therein.
1.1/10167.001/02200/72628-001 1
B. Developer is a California corporation in good
standing.
C. Developer owns -fee title to those certain parcels
of land, consisting of approximately two hundred seven (207)
acres located in the unincorporated portion of the County,
outlined on Exhibit "A" attached hereto, and more particularly
described on Exhibit "A-1" attached hereto (the "Project
Site") .
D. It is the intent of Developer to develop. the
Project Site as a residential subdivision (the "Project" ) . The
Project will provide two hundred five (205) executive homes,
together with permanent open space areas, hiking and equestrian
trails, and access roads and other infrastructure facilities
for the homes .
E. The Project Site is currently designated in the
County General Plan as Single-Family Residential -
Medium-Density, General Open Space, and Parks and Recreation,
and is zoned Planned Unit District (P-1).. .
F. A predecessor joint venture including- the
Developer has applied for, and the County has approved, various
land use approvals (the "Project Approvals" ) in connection with
the development of the Project, including:
( 1) An amendment to the County General Plan
(County File No. 3-87-CO) , amending the land use, circulation
and recreation elements of the General Plan (the "General Plan
Amendment" ) . The land use amendment changed the designation of
1.1/1016T.001/02200/72628-001 2
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the Project Site from ".Agricultural Preserve" to "Single-Family
Residential Medium-Density, " "General Open Space, " and "Parks
and Recreation. " The circulation element was amended to
designate Arbolado Drive and a new access road connecting from
the Project Site to North Gate Road as collectors.. The
recreation element was amended to add a hiking and equestrian
trail which will connect Lime Ridge with North Gate Road. The
General Plan Amendment provided for the redesignation of the
Project Site and also two adjacent properties, known as the Cox
and DeVito parcels; the remaining Project Approvals govern only
the Project Site.
(2) A rezoning of the Project Site (County
File 2795-RZ) from "Agricultural Preserve District (A-4) " to
"Planning Unit District (P-1) " (the "Rezoning" ) .
(3) Approval of Final Development Plan
No. 3011-88 for the Project Site (the "Final Development
Plan" ) . A copy of the Final Development Plan (and the Vesting
Tentative Map) is attached hereto as Exhibit "B. "
(4) Approval of a vesting tentative snap for the
Rancho Paraiso Development (Subdivision File No. 7110) (the
"Vesting Tentative Map" ), The Vesting Tentative Map is part of
Exhibit "B" attached hereto.
G. Pursuant to the California Environmental Quality
Act, California Public Resources Code section 21000 et seg.
( "CEQA" ) , an environmental impact report ( "EIR" ) applicable to
the Project was prepared. On August 23 , 1988, the County
1.1i1016r.001i02200n2628-001 3
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Planning Commission (the "Commission" ) held a duly noticed
public hearing on the draft EIR to receive comments and
testimony in addition to the written comments which were
submitted during the EIR comment period. Following this
hearing, the expiration of the comment period, and the
preparation of a response document for the EIR, the Commission
held a duly noticed public hearing on October 25, 1988, at
which meeting the Commission certified that the final EIR was
adequate and satisfied the requirements of CEQA, the CEQA
Guidelines and applicable County regulations .
H. On February 14 , 1989 , at a duly called and
noticed hearing of the Commission, the Commission adopted
Resolution No. 5-1989 , recommending various actions on the
applications for the Project Approvals .
I . On April 11, 1989 , the County Board of
Supervisors (the "Board" ) , following a duly noticed public
hearing on April 4, 1989 , adopted Resolution
No. approving the General Plan Amendment,
Final Development Plan, and Vesting Tentative Map, •together
with conditions of approval (the "Conditions of Approval" ) . On
April 11, the Board also adopted Ordinance No . approving
the Rezoning; this Ordinance was introduced on April 4 , 1989 .
In adopting this resolution and this ordinance, the Board also
certified that the final EIR on the Project was adequate and
satisfied the requirements of CEQA, the CEQA guidelines and
applicable County regulations . A copy of this resolution and
1.1/1016T.001/02200/72628-001 4
1.
this ordinance, including the Conditions of Approval , is
attached hereto as Exhibit "C. "
J. On 1989, the County Zoning
Administrator, the hearing body for purposes of Development
Agreement review pursuant to Government Code section 65867, at
a duly noticed public hearing and following appropriate
environmental review, adopted Resolution No. ,
recommending that the Board approve this Agreement .
On 1989 , the Board introduced Ordinance
No. _ and set a public hearing for the adoption of Ordinance
No. approving this Agreement . On ,
1989 , following. a duly noticed public hearing and pursuant to
the requirements of CEQA, the Board adopted Ordinance No .
approving this Agreement, made appropriate findings that the
provisions of this Agreement are consistent with the County
General Plan and authorized the execution of this Agreement .
In adopting this ordinance, the Board also determined that the
EIR on the Project adequately addressed the environmental
review of each of the Project Approvals and of this' Agreement .
A copy of the Board' s Resolution No. is attached hereto
as Exhibit "D. "
K. Development of the Project Site in accordance
with the Conditions of Approval and all applicable regulations
in force on the Effective Date will provide for orderly growth
consistent with the goals, policies, and other provisions of
the County General Plan.
1.1/1016T.00 1/02200/72628-001 5
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L. For the reasons recited herein, Developer and the
County have determined that the Project is a development for
which this Agreement is appropriate. This Agreement will
eliminate uncertainty in planning and provide for the orderly
development of the Project Site, insure. progressive
installation of necessary improvements, provide for
preservation of substantial permanent open space, provide for
public trail facilities, provide funding for traffic
improvements, childcare facilities, and efforts to combat
homelessness, provide for public services appropriate to the
development of the Project, 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,
together with the public benefits that will result from the
development of the Project, Developer desires to receive the
assurance that it may proceed with the Project in accordance
with the existing ordinances, resolutions, policies and
regulations of the County pursuant to the terms and conditions
contained in this Agreement .
NOW, THEREFORE, in consideration of the premises ,
covenants and provisions set forth herein, the parties agree as
follows :
1.1/10167.001/02200/72628-001 6
AGREEMENT
Section 1 . General Provisions .
A. Incorporation of Recitals . The Recitals set
forth above, and all defined terms set forth in such Recitals
and in the introductory paragraph preceding the Recitals, are
hereby incorporated into this Agreement as if set forth herein
in full .
B. Covenants . The provisions of this Agreement
shall constitute covenants or servitudes which shall run with
the land comprising the Project Site and the burdens and
benefits hereof shall bind and inure to the benefit of all
estates and interests in the Project Site and all successors in
interest to the parties hereto.
C. Effective Date. This Agreement shall become
effective upon the thirtieth (30th) day following the adoption
by the Board of the ordinance approving. this Agreement, or the
date upon which this Agreement is executed by Developer and by
the County, whichever is later (the "Effective Date'`) .
D. Term. The term of this Agreement shall
commence upon the Effective Date and shall extend until the
twentieth (20th) anniversary of the Effective Date, or two (2)
years following the "Project Buildout" as hereinafter defined,
whichever is earlier, unless said term is otherwise extended by
circumstances set forth in this Agreement or by the mutual
consent of the parties hereto. For purposes of this Agreement
"Project Build-Out" shall mean the date on which a Certificate
1.1/1016T.001/02200/72628-001 7
of Occupancy (or comparable instrument) is issued for the last
Project improvement or residential home or other structure to be
constructed pursuant to the Final Development Plan as it may be
amended pursuant to this Agreement . Following the expiration of
said term; this Agreement shall .be deemed terminated and of no
further force and effect; provided, however , such termination
shall not affect any right of Developer arising from County
entitlements for the Project which were approved prior to,
concurrently with or subsequent to the approval of this
Agreement .
E. Amendment of Agreement . This Agreement may
be amended from time to time by mutual consent of the original
parties or their successors in 'interest, in accordance with the
provisions of California Government Code Sections 65867 and
65868, provided that :
(1) Due Process Exemptions . Any amendment
to this Agreement which does not relate to the term, permitted
uses, provisions for reservation and dedication of 1•and, or
conditions, terms, restr-fictions- and requirements relating to
subsequent discretionary actions, monetary contributions by
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Developer or any conditions or covenants relating to the use of
the Project Site shall not require notice or public hearing
before the parties may execute an amendment hereto; and
(2) Amendment Exemptions . Any amendment of
the Final Development Plan, Vesting Tentative Map or Conditions
of Approval by either the Developer, the County Director of
1.1/1016T.001/02200/72628-001 8
Community Development, or' the County, whichever is applicable,
pursuant to Section 1 .F. (1) below, or Section 1 .F. (2) below, any
resubdivision of the Project Site, or any filing of an amended
parcel map or amended subdivision map which creates new legal
lots ( including the creation of new lots within any designated
remainder parcel and subject to the Condition of Approval
limiting the Project to 205 residential units) or which reflects
a merger of lots shall not require an amendment to this
Agreement . Instead, any such amendment, resubdivision, or
filing shall be deemed to be incorporated into this Agreement at
the time that such amendment, resubdivision, or filing is
approved as provided in this Agreement .
F. Amendment of Development Plan, Vesting
Tentative Map and Conditions of Approval . The Final Development
Plan, the Conditions of Approval and the Vesting Tentative Map
may, from time to time, be amended or modified in the following
manner :
(1) Administrative Amendments. •Upon the
written request of Developer for a minor amendment -or
modification to the Final Development Plan, Vesting Tentative
Map or Conditions of Approval including, but not limited to, (a)
the location of buildings, streets and roadways and other
physical facilities, or (b) the configuration of the parcels,
lots or development areas, the Director of the County Department
of Community Development shall determine whether the requested
amendment or modification is minor and whether the -requested
1.1/1016T.001/02200/72628-001 9
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amendment or modification is consistent with this Agreement, the
General Plan and applicable provisions of the County zoning and
subdivision ordinance in effect as of the Effective Date. For
purposes of this Agreement, the determination whether such
amendment or modification is minor shall refer to whether the
amendment or modification is minor in the context of the overall
Project. If the Community Development Director finds that the
proposed amendment is both minor and consistent with this
Agreement, the General Plan, and the applicable provisions of
the County zoning and subdivision ordinance, the Community
Development Director may approve the proposed amendment without
notice and public hearing. For purposes of this Agreement and
notwithstanding any County ordinance or resolution to the
contrary, lot line adjustments, changes in the alignment of
trails which maintain the trail ' s primary route, the
substitution of comparable landscaping for any landscaping shown
on the Final Development Plan or any landscape plan, variations
in the location of lots or homesites which do not sdbstantially
alter the design concepts of the Project, reductions in the
number of lots on the Project Site or any portion of the Project
Site and variations in the location or installation of utilities
and other infrastructure connections and facilities which do not
substantially alter the design concepts of the Project shall be
deemed minor amendments or modifications . Amendments or
modifications approved pursuant to this Subsection (1) shall not
1.1/1016T.001/02200/72628-001 10
constitute subsequent discretionary approvals subject to further
CEQA review.
(2) Non-Administrative Amendments . Except
as provided in ( 1) above, the amendment or modification of the
Final Development Plan, Vesting Tentative Map or Conditions of
Approval shall be subject to the applicable substantive and
procedural provisions of the County' s zoning, subdivision and
other applicable land use ordinances in effect on the Effective
Date.
Section 2 . General Development of the Property.
A. Development and Control of Development .
Developer shall have the vested right to develop the Project on
the Project Site in accordance with the terms and conditions of
this Agreement, the Project Approvals, and such amendments
thereto as shall , from time to time, be approved .pursuant to
Section 1 .E and 1 .F of this Agreement .
B. Permitted Uses . The permitted uses of the
Project Site, the density and intensity of use, the-maximum
height, bulk and size of proposed buildings, provisions for
reservation or dedication of land for public purposes and
location of public improvements, location of public utilities
and other terms and conditions of development applicable to the
Project Site, shall be those set forth in this Agreement, the
Project Approvals, the Conditions of Approval and amendments
thereto. Without limiting the foregoing, and except as
otherwise specifically provided in the Project Approvals and the
1.1/1016T.001/02200/72628-001 1 1
Conditions. of Approval , the maximum height , bulk and size of
residential homes to be constructed shall be the height, bulk,
and size allowed by Chapter 84-12 of the Contra Costa County
Code governing R-15 Single Family Residential Districts in
effect on the date of execution of this Agreement . The
provisions of Chapter 84-12 in effect as of the execution of
this Agreement shall govern, and those provisions are attached
hereto as Exhibit "E" . Permitted uses shall include but not be
limited to a residential subdivision consisting of two hundred
five (205) homes; open space; the construction and maintenance
of hiking and equestrian trails, water storage tanks, roadways,
storm drains, related . facilities, sewage systems, other
utilities and infrastructure facilities and connections; and
other uses allowed or required pursuant to the Project Approvals
and the Conditions of Approval . The size, configuration, height
... and location of any buildings, homesites , or building pads shown
on the Final Development Plan as it may be amended, and the size
and shape of particular parcels of the Project Site -shown on the
Final Development Plan and the Vesting Tentative Map as they may
be amended, shall remain subject to change in accordance with
Section 1 .F above. The:.County is bound to permit the uses on
the Project Site which are permitted by this Agreement . The
County agrees to grant and implement the Project Approvals and,
if required, to grant other land use and building approvals,
including, but not limited to, landscape plan approvals, grading
permits, building permits, parcel maps, tentative subdivision
1.1/1016T.001/02200/72628-001 12
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maps, final subdivision-'maps including phased final subdivision
maps, lot line adjustments and certificates of occupancy
reasonably necessary or desirable to accomplish the goals,
objectives, policies and plans shown and described in the Final
Development Plan as it may be amended, the Vesting Tentative Map
and the Conditions of Approval, and this Agreement .
;The County further agrees to grant and implement.
subsequent project applications related to clearing of the
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Project Site, grading of the Project Site in accordance with the
Final Development Plan, construction of roads, storm drainage
facilities, sewer facilities, and other utility facilities and
connections, .construction of water storage tanks pursuant to the
Final Development Plan, and construction of two hundred five
(205) homes pursuant to the Final Development Plan as it may be
amended pursuant to this Agreement, subject to the limitations
set forth in the Conditions of Approval . The County further
agrees to approve a final landscaping plan which meets the
conditions set forth in the Conditions of Approval ,.•as well as
approvals for any offsite improvements within the Gounty' s
jurisdiction to be constructed by Developer, including without
limitation improvements to North Gate Road.
The aforementioned subsequent discretionary approvals
shall be granted and approved by County on a timely basis,
provided applications for such approvals are submitted to County
during the term of this Agreement, Developer is not in default
of the terms and conditions of this Agreement and such
1.1/10167.001/02200/72628-001 13
applications comply with all applicable regulations in force on
the Effective Date. Developer ' s failure to develop the Project
Site shall not result in liability of Developer except as
provided for in this Agreement .
C. Rules, Regulations and official Policies .
(1) Effective Standards . Except as
otherwise provided in this Agreement, the rules, regulations,
official policies and Conditions .of Approval governing permitted
uses of the Project Site, timing or implementation of the
Project, development, density and intensity of use, design,
improvement, construction and building standards, occupancy and
specifications applicable to the Project Site and the Project
and all on-site and off-site improvements and appurtenances in
connection therewith, shall be those rules, regulations,
official policies and Conditions of Approval in force. upon the
execution of this Agreement .
(2) No Conflicting Enactments . Neither the
County nor any agency of County shall enact an ordinance,
resolution, or other measure which relates to the rate, timing
or sequencing of the development or construction of the Project
on all or any part of the Project Site, which is in conflict
with this Agreement, or which reduces development rights
provided by this Agreement . Without limiting the foregoing
general statement, and for all purposes pursuant to this.
Agreement generally, and this Paragraph C specifically, an
ordinance, resolution or other measure shall be deemed to
1.1/1016T.001/02200/72628-001 14
conflict with this Agreement if the ordinance, resolution, or
measure seeks to accomplish any one or more of the following.
results, either with specific reference to this Project, or as
part of a general enactment which applies to this Project :
(a) limiting or reducing the
density or intensity of the Project or any part of the Project,
or otherwise requiring any reduction in the square footage or
total number of proposed homes and other improvements;
(b) limiting the timing or phasing
of the Project in any manner;
(c) limiting the location or
homesites, grading, or other improvements on the Project Site in
a manner which is inconsistent with or more restrictive than the
limitations included in the Project Approvals and the Conditions
of Approval; or
(d) applying to the Project or the
Project Site any law, regulation, or rule otherwise allowed by
this Agreement which is not uniformly applied on a County-wide
basis to all substantially similar types of development projects
or project sites .
(3) -Initiatives and Moratoria. In the event
an ordinance, resolution or other measure is enacted, whether by
action of the County, by initiative, referendum, or otherwise,
which relates to the rate, timing or sequencing of the
development or construction of the Project on all or any part of
the Project Site, County agrees that such ordinance, resolution
1.1/10167.001/02200/72628-001 15
or other measure shall not apply to the Project, the Project
Site, or the Project Approvals . Without limiting the foregoing,
County agrees that no moratorium or other limitation (whether
relating to the rate, timing or sequencing thereof) affecting
subdivision maps, building permits or other entitlements to use
which are approved or to be approved, issued or granted within
the County, or portions of the County, shall apply to the
Project Site, the Project or the Project Approvals . To the
maximum extent permitted by law, County agrees to use its best
efforts to prevent any such ordinance, measure, moratorium or
other limitation from invalidating or prevailing over all or any
part of this Agreement, and County agrees to cooperate with
Developer in a reasonable manner in order to keep this Agreement
in full force and effect . Except to take those actions required
by law, County shall not support or adopt any initiative,
referendum, moratorium, ordinance, or policy, or take any other
action, if such support, adoption, or other action would violate
the intent of this Agreement. Developer reserves the right to
challenge any such ordinance or other measure in a court of law
should it become necessary to protect the development rights
vested in the Project Siete and the Project pursuant to this
Agreement .
Nothing in this subsection C limits the actions which
any County officer or employee may take in their individual
capacities .
1.1/1016T.001/02200/72628-001 16
(4) State and Federal Laws . As provided in
California Government Code Section 65869 . 5 , and notwithstanding
any other provision of this Agreement, this Agreement shall not
preclude the application to the Project of changes in County
laws, regulations, plans or policies, to the extent that such
changes in County laws, regulations, plans, or policies are
specifically mandated and required to be applied to matters such
as this Project by changes in state or federal laws or
regulations . In the event such changes in state or federal laws
prevent or preclude compliance with one or more provisions of
this Agreement, County and Developer shall take such action as
may be required pursuant to Section 6 .D (Enforced Delay;
Extension of Time of Performance) and Section 4
(Cooperation—Implementation) of this Agreement .
D. Development Timing. There is no requirement
under this Agreement that Developer must initiate or complete
development of any particular phase of the Project within any
period of time to be set by the County, notwithstanding any
statement to the contrary in the Conditions of Approval . It is
the intention of the parties hereto that Developer will be able
to develop in accordance with the Developer ' s own time schedule
as such schedule may exist from time to time, and that Developer
may determine which part of the .Project shall be developed
during each phase of the Project . The County agrees to approve
phased final maps and other enactments necessary for development
of each phase of the Project, upon the request of Developer .
1.1/1016T.001/02200/72628-001 17
E. Fees, Conditions and Dedications . Developer
shall make only those dedications and pay only those fees
expressly .prescribed in this Agreement and the Project Approvals
subject to the following terms and conditions :
( 1) Processing Fees . The County may 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 application is
submitted for those permits, except as provided in this
Agreement to the contrary. Such fees and charges shall not be
increased, nor new fees added with respect to the development of
the Project Site, except that the County may increase those fees
and charges based on any increase in the estimated reasonable
cost to the County for performing the work for which the
particular fee or charge is paid, by an amount which will
compensate the County for the estimated reasonable cost and
increases incurred, as permitted pursuant to California
Government Code Section 54990 .
(2) Police: Power; Taxing Power .;, The County
shall not impose or enact any additional conditions, exactions,
dedications, fees or regulations through the exercise of either
the police power or the taxing power related to the development
of the Project except as provided in the Project Approvals or as
provided in this Agreement . Furthermore, the conditions,
exactions, dedications, fees or regulations applicable to the
Project as provided in .the Project Approvals, or as provided in
1.1/1016T.001/02200/72628-001 18
this Agreement, shall not be subject to modification or
renegotiation by County as a result of an approved amendment to
the Final Development Plan, the Vesting Tentative Map, the
Conditions of Approval, this Agreement, or as a result of the
filing of any new subdivision map or parcel map, or any
resubdivision of the Project Site (including a merger or lot
line adjustment or the creation of new lots within a designated
remainder parcel) . Nothing in this Agreement shall prohibit
County from exercising its taxing power, provided there is no
new fee or tax, nor any increase of fees or taxes affecting the
development of the Project except with respect to processing
fees as set forth in Section 2 .D. 1 .
(3) Environmental Mitigation. The County by
approving this Agreement is granting to Developer a vested. right
to develop the Project pursuant to this Agreement and the
Project Approvals, as those Project Approvals may be amended
from time to time pursuant to this Agreement . Pursuant to
California Government Code Section 65866, the rules., regulations
and policies applicable to the Project shall be those rules,
regulations, and policies in force at the time of execution of
this Agreement. Without . limiting the foregoing, and to ..the
maximum extent allowed by law, the County shall not impose any
environmental mitigation measures beyond those set forth or
referenced in the Project Approvals . Where applicable, the
County will reject such additional mitigation measures as
infeasible on the basis, among other things, that California
1.1/10167.001/02200/72628-001 19
Government Code Section 65866 bars implementation of additional
mitigation measures .
F. Life of Subdivision Maps and Permits .
Pursuant to California Government Code section 66452 . 6(a) , the
term of the Vesting Tentative Map or any resubdivision or
ss amendment to the Vesting Tentative Map (including any lot line
adjustment or merger of lots within the Vesting Tentative Map)
or any other tentative map filed prior to the termination of
this Agreement shall automatically be extended for the term of
this Agreement . The term of any planned development permit,
final development plan, or other permit for the general
development of the Project shall automatically be extended for a
term. equal to the term of this Agreement.
Section 3 . obligations and Contributions by
Developer . In consideration of the County entering into this
Agreement, Developer agrees that it will comply with all the
Conditions of Approval, provided that Developer reserves the
right to challenge any exactions or fees imposed upon this
Project if Developer is . forced to bear the cost of litigating
the validity of the Project Approvals because suit is brought
before expiration of the applicable statute of limitations to
invalidate those Approvals . The parties acknowledge that this
Agreement by County is a material consideration for Developer ' s
conditional acceptance as set forth above of the Conditions of
Approval and agreement to comply with all Conditions of
Approval, as specifically set forth herein.
1.1/1016T.001/02200/72628-001 20
Section 4 . Cooperation-Implementation.
A. Processing. By approving this Agreement, the
Board of Supervisors instructs the Planning Department, the
Planning Commission, and all other agencies of the County which
are affected or may be affected to expedite processing of any
and all approvals necessary for Developer to obtain all
necessary permits to begin and complete construction. If
necessary or required, upon satisfactory completion by Developer
of all required preliminary actions and payments of appropriate
processing fees, if any, County shall promptly commence and
diligently proceed to complete all steps required or necessary
for the implementation of this Agreement and the development by
Developer of the Project Site in accordance with the Project
Approvals including, but not limited to, the following:
(1) Scheduling, convening and concluding all
required public hearings in an expeditious manner consistent
with applicable laws and regulations in force as of the
Effective Date. `
(2) . Processing and approval in an
expeditious manner of all maps, plans, land use permits,
building plans and specifications and other plans relating to
the development of the Project Site filed by Developer and
consistent with this Agreement, including, but not limited to,
all General Plan and Specific Plan amendments, zoning, final
development plans, tentative maps, parcel maps, final maps,
resubdivisions, amendments to maps, subdivision improvement
1.1/10167.001/02200/72628-001 2 1
agreements, lot line adjustments, encroachments, grading plans,
landscaping plans., grading and building permits and related
matters as necessary for the completion of the development of
all lots and parcels comprising the Project Site.
Developer 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 Developer ' s planners, engineers, and all other
consultants to submit in a timely manner all required materials
and documents therefor . It is the express intent of Developer
and County to cooperate and diligently work to implement any
General Plan and Specific Plan amendments, zoning, final
development plans, tentative maps, parcel maps, final maps
including phased final maps, resubdivisions, amendments to maps ,
subdivision improvement agreements, lot line adjustments,
encroachments, grading and building permits, and other land use
approvals which are necessary or desirable in connection with
the development of the Project Site in substantial conformance
with the Final Development Plan (as it may be amendlod from time
to time pursuant to the terms of this Agreement) and the
Conditions of Approval .
B. Other Governmental Permits . In addition,
Developer shall apply in a timely manner for such other permits
and approvals as may be required by other governmental or
quasi-governmental agencies having jurisdiction over the Project
in connection with the development of, or provision of services
1.1/1016T.001/02200/72628-001 22
to, the Project . County shall cooperate with Developer in its
efforts to obtain such permits and approvals and shall , from
time to time at the request of Developer, attempt with due
diligence and in' good faith to enter into binding agreements
with any such entity necessary to assure the availability of
such permits and approvals or services, provided such agreements
are reasonable and not detrimental to County.
C. Eminent Domain Powers . County shall
cooperate with Developer in implementing all of the conditions
of the Project Approvals, including, without limitation, the use
by the County of its eminent domain powers to facilitate the
implementations of the Conditions of Approval , provided that the
County in its independent exercise of judgment following all
applicable procedures shall have made the requisite findings
properly supported by evidence that the use of such eminent
domain power is necessary and proper .
Section 5 . Cooperation in the Event of Legal
Challenge. In the event of any legal or equitable action or
other proceeding instituted by any party, governmental entity or
official challenging the validity of any provision of this
Agreement, the parties hereby agree to cooperate in defending
said action or proceeding. In the event County and Developer
are unable to select mutually agreeable legal counsel to defend
such action or proceeding, each party may select its own legal
counsel at each party' s expense.
1.1/1016T.001/02200/72628-001 23
Section 6 . Default; 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 the other party shall constitute a default under
this Agreement , subject to extensions 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 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 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 California Government Code
Section 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 California Government Code Sections 65867 and 65868 .
Following consideration of the evidence presented in
said review before the Board, and a determination by the Board
based thereon, the party alleging the default by the other party
1.1/1016T.001/02200/72628-001 24
may give written notice of termination of this Agreement to the
other party.
Evidence of default may also arise in the course of the
regularly scheduled annual review of this Agreement as described
in Section 6 .B below, and any such default shall be subject to
the provisions of this Section 6 .A, in addition to the
provisions of Section 6 .B, below.
B. Annual Review. Each year during the term of
this Agreement, beginning in 1991 , the County shall review the
extent of .good faith compliance by Developer with the terms of
this Agreement. This review shall be conducted by the County
Zoning Administrator and shall be limited in scope to compliance
with the terms of this Agreement pursuant to California
Government Code Section 65865 . 1 .
During this review, Developer shall be required to
demonstrate good faith compliance with the terms of this
Agreement . At the conclusion of this review, the County Zoning
Administrator shall make written findings and determinations, on
the basis of substantial evidence, whether or not Dbveloper or
its successor in interest has complied in good faith with the
terms and conditions of :this Agreement . The decision of the
County Zoning Administrator shall be appealable to the County
Board of Supervisors pursuant to Article 26-2 .24 of the Contra
Costa County Code. If the Zoning Administrator finds and
determines that Developer has not complied with such terms and
conditions, the Zoning Administrator may recommend to the Board
1.1/1016T.001/02200/72628-001 2 5
of Supervisors that it terminate or modify this Agreement by ,
giving notice of its intention to do so in the manner set forth
in California Government Code Sections 65867 and 65868 . The
reasonable costs incurred by County in connection with the
herein described annual - review process shall be borne by
Developer .
In the manner prescribed in Section 10 of this
Agreement, the County shall deposit in the mail to Developer a
copy of any public staff reports and documents to be used or
relied upon in conducting the review and, to the extent
practical , related exhibits concerning Developer ' s performance
hereunder, at least ten ( 10) days prior to any such periodic
review. Developer shall be permitted an opportunity to respond
to the County' s evaluation of its performance, either orally at.
a public hearing or in a written statement, at Developer ' s
election. Such response shall be made to the County Zoning
Administrator .
In the event the County fails to. either ( 1) conduct the
annual review or (2) notify Developer in writing (following the
time during which the review is to be conducted) of the County' s
determination as to compliance or noncompliance with the terms
of this Agreement and such failure remains uncured as of
December 31 of any year during the term of this Agreement, such
failure shall be deemed an approval by County of Developer ' s
compliance with the terms of this Agreement .
1.1/1016T.001/02200/72628-001 2 6
With respect to each year for which an annual review of
compliance with this Agreement is conducted, and with respect to
each year in which the County is deemed to approve of
Developer ' s compliance with this Agreement pursuant to the
preceding paragraph, the County, upon request of Developer ,
shall provide Developer with a written notice of compliance, in
recordable form, duly executed and acknowledged by the County.
Developer shall have the right, in Developer ' s sole discretion,
to record this notice of compliance.
C. Default by County. In the event County does
not accept, review, approve, decide or issue necessary
development permits, entitlements, or other land use or building
approvals, if any, 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,
Developer shall have--all rights and remedies provided herein or
under applicable law, including without limitation the right to
seek specific performance by the County. But in no• event shall
Developer have any right to monetary damages (and only if
otherwise allowed by California law) unless Developer has first
provided Couty with specific written notice of the event of
default and thereafter with a 90-day period to cure it .
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 where delays or defaults are due to war,
1.1/1016T.001/02200/72628-001 27
insurrection, strikes, walk-outs, riots, 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 , or similar basis for excused performance which is not
within the reasonable control of the party to be excused.
Litigation attacking the validity of this Agreement, any of the
Project Approvals, or any permit, ordinance, entitlement or
other action of a governmental agency necessary for the
development of the Project pursuant to this Agreement shall be
deemed to create an excusable delay as to Developer . Upon the
request of either party hereto, 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.
E. Legal Action. Either party may, in addition
to any other rights or remedies, institute legal action to cure,
correct or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violatiop or enforce
by specific performance the obligations and rights ,of the
parties hereto. In such event:, the prevailing party shall not
be entitled to its attorneys ' fees and costs, if any.
F. Applicable Law. This Agreement shall be
construed and enforced in accordance with the laws of the State
of California.
Section 7 . Hold Harmless Agreement . Developer hereby
agrees to save and hold County and its elected and 'appointed
l.1/1016T.001/02200/72628-001 28
representatives, officers, agents, and employees, harmless from
claims, costs and liabilities for any third party litigation
concerning the validity of this Agreement and any personal
injury, death, or property damage which arises, directly or
indirectly, from operations performed under this Agreement by
Developer or Developer ' s contractors , subcontractors , agents, or
employees , whether such operations were performed by Developer
or by any of Developer ' s contractors, subcontractors, by any one
or more persons directly or indirectly employed by, or acting as
agent for Developer or any of Developer ' s contractors or
subcontractors . Nothing in this section shall be construed to
mean that Developer shall hold County harmless from any claims
of personal injury, death or property damage arising from, or
alleged to arise from, the negligent act or negligent failure to
act, willful or gross- negligence, or any deliberately harmful
act or failure to act, on the part of County, its elected and
appointed representatives, officers, agents and employees . To
the extent of any conflict, the Hold Harmless provisions of the
County' s standard form development agreements (Subdivision,
Road, and Drainage Improvements, etc . ) as of the Effective Date
shall prevail over this Section 7 ' s provisions . A copy of those
provisions is attached to this Agreement as Exhibit "F" .
Section 8 . No Joint Venture or Partnership. County
and Developer hereby renounce the existence of any form of joint
venture or partnership between the County and Devekoper and
agree that nothing contained herein or in any document executed
3.0/1016T.002/02200/72628-001 29
in connection herewith shall be construed as making County and
Developer joint venturers or partners .
Section 9 . General .
A. The County and Developer agree that unless
this Agreement is amended or terminated pursuant to the
provisions of this Agreement, this Agreement shall be
enforceable by any party hereto notwithstanding any change
hereafter enacted or adopted (whether by ordinance, resolution,
initiative, or any other means) in any applicable General Plan,
Specific Plan, zoning ordinance, subdivision ordinance or any
other land use ordinances or building ordinances , resolutions or
other rules, regulations or policies adopted by the County which
changes, alters or amends the rules, regulations and policies
applicable to the development of the Project Site at the time of
the approval of this Agreement as provided by California
Government Code Section 65866 . This Agreement shall not prevent
the County in subsequent actions applicable to the Project Site
from applying new rules, regulations and policies which do not
directly or indirectly conflict with those rules, regulations,
and policies applicable to the Project Site as set forth herein.
B. County hereby finds and determines that
execution of this Agreement furthers public health, safety, and
general welfare and the provisions of this Agreement are
consistent with the General Plan. In adopting the ordinance
approving this Agreement and in adopting the Project Approvals,
the Board adopted extensive findings, including findings that
1.1/10167.001/02200/72628-001 3 0
this Agreement and the Project are consistent with the General
Plan. Those findings are attached as exhibits to the ordinance
approving this Agreement and to the Project Approvals,
respectively and are a public record available for review in the
County Community Development Agreement (County Files 3-87-CO,
2795-RZ, 3011-88, and Subdivision File 7110) . Those findings
are incorporated into this Agreement by this reference as if set
forth herein in full .
C. If any term, provision, covenant or condition
of this Agreement or the application of any provision of this
Agreement to a particular situation is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement, or the application of
this Agreement to other situations, shall continue in full force
and effect. Notwithstanding any other provision of this
Agreement, if any material provision of this Agreement in itself
or as applied in any particular situation is held to be invalid,
void or unenforceable, Developer may, in Developer 's sole and
absolute discretion, terminate this Agreement upon providing
written notice of such termination to the County.
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.
1.1/1016T.001/02200/72628-001 3 1
E. Each reference in this Agreement to this
Agreement, the Project Approvals, the Final Development Plan, or
the Vesting Tentative Map shall be deemed to refer to the named
document or plan as such document or plan may be amended from
time to time, whether or not the particular reference refers to
such possible amendment.
F. This Agreement has been reviewed and revised
by legal counsel for both Developer and County, and no
presumption or rule that ambiguities shall be construed against
the drafting party shall apply to the interpretation or
enforcement of this Agreement .
Section 10 . Notices . Any notice or communication
required hereunder between County or Developer 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 ( i) actual
receipt by any of the addressees designated below as the party
to whom notices are to be sent, or ( ii) five (5) days after a
registered or certified letter containing 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 address to which such
l.1/1016T.001/02200/72628-001 3 2
• notice or communicationshall be given. Such notices or
communications shall be given to the parties at their addresses
set forth below:
If to County, to:
Director of Community Development
Contra Costa County Administration Building
651 Pine Street
Martinez, CA 94553
If to Developer, to:
Bruce Smith
Smith Perma-Bilt Development
c/o Smith Company
101 Ygnacio Valley Road
Suite 200
Walnut Creek, CA 94596
With Copies to :
McCutchen, Doyle, Brown & Enersen
1331 North California Blvd.
P. O. Box V
Walnut Creek, CA 94596
Attention: Sanford M. Skaggs
Michael H. Zischke
Section 11 . Consent of Other Parties . Developer may,
at its discretion, elect to have other holders of legal,
equitable or beneficial interests in the Project Site, or
portions thereof, acknowledge and consent to the execution and
recordation of this Agreement by executing a document in
recordable form to such effect . The execution of any such
document by other holders of any legal, equitable, or beneficial
interests in the Project Site is not a condition precedent to
this Agreement.
1.1/1016T.001/02200/72628-001 33
o
Section 12 . Assignment and Notice. Developer shall
have the right to assign or transfer all or any portion of its
interests, rights or obligations under this Agreement to third
parties acquiring an interest or estate in the Project Site,
including, but not limited to, purchasers or long term ground
lessees of individual lots, parcels, or any lots, homes or
facilities located within the Project Site. The express
assumption of any of Developer ' s obligations under this
Agreement by its assignee or transferee shall thereby relieve
Developer of any further obligations under this Agreement .
Developer shall have no obligation whatsoever to provide notice
of any proposed assignment .
Section 13 . Estoppel Certificate. Within ten ( 10)
days following any written request which either party may make
from time to time, the other party to this Agreement shall
execute and deliver to the requesting party a statement
certifying that : (a) This Agreement is unmodified and in full
force and effect, or if there have been modifications hereto,
that this Agreement is in full force and effect as -modified and
stating the date and nature of such modification; (b) There are
no current uncured defaults under this Agreement or specifying
the dates and nature of any such default; and (c) Any other
reasonable information requested. The failure to deliver such a
statement within such time shall constitute a conclusive
presumption against the party which fails to deliver such
statement that this Agreement is in full force and effect
1.1/10167.001/02200/72628-001 3 4
without modification except as may be represented, by the
requesting party and that there are no uncured defaults in the
performance of the requesting party, except as may be
represented by the requesting party.
Section 14 . Counterparts and Exhibits . This Agreement
is executed in four (4) duplicate counterparts, each of which is
deemed to be an original . This Agreement consists of
thirty-seven (37) pages, including notary acknowledgment forms,
and, in addition, six (6) exhibits . This Agreement and exhibits
constitute the entire understanding and agreement of the parties
to this Agreement . The following seven exhibits A, A-1, B, C,
D, E, and F are attached to this Agreement and incorporated
herein for all purposes :
Exhibit A Project Site
Exhibit A-1 Legal Description of the Project
Site
Exhibit B Final Development Plan and Vesting
Tentative Map
Exhibit C Board Resolution No. and
Board Ordinance No . ,
approving the Project Approvals
including Conditions of Approval
Exhibit D Board Resolution No .
Approving this Agreement
Exhibit E Chapter 84-12 of the Contra Costa
County Code (R-15 Districts) as in
effect on execution of this
Agreement
Exhibit F Standard Form Hold Harmless
Provisions
1.1/1016T.001/02200/72628-001 35
In addition, the findings referenced in Section 9B are
incorproated into this Agreement by this reference.
IN WITNESS WHEREOF, Developer and County have executed
this Agreement As of the date first hereinabove written.
COUNTY
COUNTY OF CONTRA COSTA
By
Harvey E. Bragdon, Director
Community Development
APPROVED AS TO FORM:
COUNTY COUNSEL
By
' Title
DEVELOPER
By: Smith Land & Development Co. , a
California Corporation as general partner
By:
Bruce C. Smith, President
STATE OF CALIFORNIA )
SS
COUNTY OF CONTRA COSTA )
On this day of in the year 1990 , before
me, a notary public in and for said county and state, personally
appeared Bruce C. Smith, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed
the within instrument as President of Smith Land & Development Co. ,
a California corporation, on behalf of said Corporation and
acknowledged to me that said Corporation Venture executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
STATE OF CALIFORNIA )
ss
COUNTY OF CONTRA COSTS )
On this day of in the year 1990 ,
before me, a notary public in and for said county and state,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as Chair of the Contra Costa
County Board of Supervisors and acknowledged to me that the Contra
Costa County Board of Supervisors executed it .
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
1.1/10167.001/02200/72628-001 37
EXHIBIT A
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EXHIBIT A-1 ,
Legal Description of the Project Site
EXHIBIT A-1
Page 1 of 2
A PORTION OF LOT NO. 2 HILL LAND, AS SHOWN ON THE PLAT OF RANCHO
SAN MIGUEL, FILED AUGUST 24, 1868, CONTRA COSTA COUNTY RECORDS
AND A PORTION OF LOT'A' MARTENSTEIN SUBDIVISION,AS SHOWN ON THE
MAP ENTITLED 'R.N. BURGESS COMPANY'S MAP NO 1, MOUNT DIABLO
BOULEVARD TRACT , FILED MAY 6, 1912, IN BOOK 7 OF MAPS AT PAGE 153,
IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY
RECORDS,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERN CORNER OF SAID LOT NO. 2 HILL
LAND AND RUNNING ALONG THE NORTHERN LINE THEREOF NORTH 75041'
EAST, 2260.00 FEET TO THE MOST EASTERN CORNER OF THE PARCEL OF
LAND DESCRIBED IN THE DEED TO TRUST FOR PUBLIC LAND, RECORDED
DECEMBER 30, 1974 IN BOOK 7397 OF OFFICIAL RECORDS AT PAGE 344, IN
SAID THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE
SOUTHWESTERN AND SOUTHERN LINES OF SAID TRUST FOR PUBLIC LAND
PARCEL, AS FOLLOWS: SOUTH 48'18'52" EAST 1455.06 FEET; SOUTH 27°35'01"
EAST 723.83 FEET AND NORTH 43014'14" WEST 331.35 FEET TO THE WESTERN
LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DECREE
OF QUIETING ITTLE, ENTERED APRIL 24, 1945, IN THE SUPERIOR COURT OF
THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF CONTRA COSTA,
(CASE NO. 28414), A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 27,
1945, IN BOOK 818 OF OFFICIAL RECORDS AT PAGE 94 IN SAID OFFICE OF
THE COUNTY RECORDER; TiffiNCE ALONG THE WESTERN AND NORTHERN
LINES OF SAID PARCEL ONE (818 O.R. 94) AS FOLLOWS: SOUTH 18°17' EAST
216.98 FEET; SOUTH 48*52'EAST 614.00 FEET; SOUTH 40°10'EAST 378.20 FEET;
SOUTH 34013' WEST 205.80 FEET; SOUTH 38'04' WEST 328.00 FEET; SOUTH
30033WEST 333.00 FEET; SOUTH 52*03' WEST 105.00 FEET; SOUTH 71'18'
WEST 319.00 FEET; NORTH 68*25' WEST 453.20 FEET; SOUTH 64*20' WEST
345.60 FEET; SOUTH 55*1 OVEST 273.40 FEET; SOUTH 73012'WEST 476.40 FEET;
SOUTH 70019' WEST 134.00 FEET AND SOUTH 72°41'WEST 142.89 FEET TO THE
NORTHEAST LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN
THE DEED TO PETER GINOCHIO,ET. AL., RECORDED MAY 19, 1960, IN BOOK
3623 OF OFFICIAL RECORDS AT PAGE 267, IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG SAID NORTHEAST LINE AS FOLLOWS; NORTH
Page 2 of 2
56020'15" WEST 408.93 FEET; NORTH 43°25'45" WEST 130.80 FEET AND WEST
46.18 FEET TO THE WESTERN LINE OF SAID LOT NO. 2, RANCHO SAN
MIGUEL, ALSO BEING THE EASTERN LINE OF SAD) LOT 'A', MARTENSTEIN
SUBDIVISION (7 M 153); THENCE SOUTHERLY ALONG SAID LINE, SOUTH
20004' EAST 31.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 'A';
THENCE ALONG THE SOUTHERN LINE OF SAID LOT'A', WEST 718.91 FEET TO
THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE
DEED TO WILLIAM SOWELL, ET. UX., RECORDED APRIL 25, 1950, IN BOOK
1543 OF OFFICIAL RECORDS AT PAGE 16, IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG THE EASTERN LINE OF SAID SOWELL PARCEL,
NORTH 396.5 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 'A', SAID
POINT BEING A SOUTHWEST CORNER OF SAID LOT NO. 2; THENCE ALONG
THE WESTERN LINE OF SAID LOT NO. 2, NORTH 20058'28" WEST 2413.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 226.0 ACRES OF LAND
MORE OR LESS.
87087 LEGAL DESCRIPTIONS
{ 3/8/89
EXHIBIT B
Final Development Plan
and Vest_inq Tentative Map
t j 4 t OL
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GENERAL NOTES
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1
BARRATT AMERICAN INC.
19022 COWAN ST., .SUITE 203
IRVINE, CA 92714
' (714) 474-0440
JIDER: SMITH COMPANIES
101 WNACIO VALLEY ROAD
WALNUT CREEK, CA 94596
(415) 937-8700
IEER: ALIQUOT
1535 OLYMPIC BLVD.
WALNUT CREEK, CA 94596
(415) 930-7078
IER/LANDSCAPE ARCHITECT:
THOMPSON. & MERRILL
84 FIRST STREET
SAN FRANCISCO, CA 94105 .
(415) 974-1662
:NGINEER: ENGEO,. INC.
2200 DIAMOND BLVD.
CONCORD, CA 94521
(415) 687-9700
SPACE ACREAGE: 114±, ACRES
T & LOT ACREAGE: 9G ± ACRES
. ACREAGE. 210 ± ACRES
NG USE: HORSE RANCH
)SED USE: SINGLE FAMILY
RESIDENTIAL
)SED NO. OF LOTS: 2 0 4
0' ±
►GE LOT SIZE: 1600 y
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1M LOT SIZE: 101200 +
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1 SUPPLY: CCC'WD
1; CCCSD
ICAL & ' GAS P G & E
HONE: PAC BEL'C '
SUBJECT TO INUNDATION: NONE
Sl-711V 210 M/N.
20,•-
STREET
MOTE: 466RE614TE SIDE YA,PD. W/10Th/ 0/" 25' M/N//►SUM
REQU/RED.
_. TYPICAL LOT SETBACK
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EXHIBIT C
Board Resolution No . __ and Ordinance No .
Approving the Project Approvals ,
including_Conditions of Approval
EXHIBIT C
Page 1 of 12
TO: BOARD OF SUPERVISORS
FR( HARVEY E. BRAGDON,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: .,. 11 April 1989 CoultY,
SUBJECT: Determination on General Plan Amendment #3-87-CO. , in connection with
2795-RZ to rezone 207 acres from Agricultural District (A-4) and Final
Development Plan #3011-88, the Tentative Map for Subdivision #711-0 and
210 residential lots, in 'the East Walnut Creek area. (S.D.III) . .
Parcel No. 135-100-010,012,016 & #135-110-002.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt General Plan Amendment #3-87-CO.
2. Approve rezoning application 2795-RZ, Smith-Perms Bilt
Development (Applicant) , Barratt Irvine (owner) , to rezone 207
acres from Agricultural Preserve District (A-4) to Planned
Unit District (P-1) .
3. Approve Development Plan #3011-88 with conditions as amended
by the Board of Supervisors hearing on April 4 , 1989.
4. Approve the tentative map for Subdivision #7110 as amended by
the Board of Supervisors hearing on April 4, 1989.
5. Adopt findings as set forth in Exhibit A.
6. Accept the environmental review documentation as being
adequate.
7. Adopt the ordinance giving effect to.the rezoning; waive
reading.
Page 2 of 12
CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2795-RZ , FINAL DEVELOP-
MENT PLAN 3011-88 AND TENTATIVE SUBDIVISION MAP 7110
1. This approval is based upon the Preliminary/Final Development Plan, Vesting
Tentative Subdivision Map and supporting plans and other documents submit-
ted with the application dated received March 25, 1989 and subsequently
revised by plans dated received March 31, 1989, provided that a maximum of
205 residential units shall be developed on the . Rancho Paraiso site. . In
addition, no lots or units will be developed on the central knoll west of
the existing 440-foot contour line as such line is shown on the aforemen-
tioned plans.
2. Covenants, Conditions and Restrictions (CC&R' s) , Articles of Incorporation
and By-laws for a mandatory homeowners association shall be submitted prior
to filing the Final Subdivision Map. . The documents shall provide for,
among other things, the ownership and maintenance of the common open space,
landscape areas, pathway system, storm drainage facilities, graded slopes,
terraces, and subdrains, mitigation areas A, B and C and other common
facilities, excepting any facilities or areas dedicated to a public entity,
and provided that open space areas, landscape areas, drainage facilities
and other common facilities may be constructed and maintained by an
improvement district. The CC&Rs shall prohibit long term parking of
recreational vehicles, and shall specify that residential homes within the
project may be used as a family day care home.
3. Except as specified in these conditions and the exhibits described above,
the guide for development shall be the Single Family Residential (R-15)
district, subject to the Zoning Administrator's review and approval at the
time of issuance of building permits. Any request made subsequent to the
approval of this project for modification of the standards applicable to
this project shall be made by recommendation of the homeowners association
to the Zoning Administrator, prior to issuance of building permits.
Buildings. shall be limited to a building height of 27 feet on the central
knoll area.
4. Prior to issuance of building permits, a final landscape plan for common
areas, including the details of any irrigation and fencing to be installed
by the developer, shall be submitted for review and approval of the Zoning
Administrator. Common area landscaping (if any) to be provided by the
applicant for each project phase shall be installed in conjunction with
development of that project phase.
A. Landscaping and irrigation provided by the developer shall include
drought tolerant plants and drip irrigation. The developer shall
provide to homeowners a pamphlet summarizing the advantages of using
drought tolerant plants and the feasibility and advantages of
installing drip irrigation.
B. The applicant shall 'plan for and create replacement burrows for the
owls in the project's permanent open space away from development.
I
L' .•.11 11S 1'1' 1,
Paae 3 of . 12
C. The final landscape plan shall include controls or design measures to
limit weeds for additional fire protection. These measures may
include disked fire breaks, greenbelt planting, or other measures.
D. The Fish & Game mitigation areas shall be planted with trees and
shrubs as appropriate. Native trees and plants shall be used when
.appropriate in project landscaping, including landscaping in mitiga-
tion areas.
E. Selected areas of the site shall be seeded with native wildflower
seeds, and grazing shall be reduced or eliminated to encourage grass
and wildflower growth. Wildflower seeds may be added to grassland
open space areas after erosion control planting has been established.
F. The plan shall include. design provisions for fencing or other appro-
priate buffers or separation along the back of individual lots, and
provisions for seeding at the edges of the site's developed area to
diversify the grasslands (such as hydroseeding the open . space and
slopes) , as indicated on the Final Development Plan. Open wire fenc-
ing at the rear of the lots shall be installed either by individual
home builders, or by the developer, in accordance with the design
provisions for fencing.
G. The applicant shall prepare an educational brochure explaining open
space values for distribution to home purchasers. This brochure shall
be designed to encourage residents to plant appropriate buffers of
trees or shrubs to soften the transition from residential use to open
space.
H. The landscape plan shall include appropriate planting or seeding to
help mitigate the project's visual impact. This shall include land-
scape screening around the water tanks to mitigate views of those
tanks from higher elevations.
5. All homes shall have house numbers that are easily seen from the street
which may require illumination. 'All homes shall have roofs with fire
retardant materials such as treated shingles, or other materials. Founda-
tions of homes shall extend below the zone of seasonal moisture changes.
6. All construction and transportation equipment shall be muffled in accord-
ance with State and Federal requirements.
7. Street names shall be submitted for review and approval of the Community
Development Department.
8. The applicant shall develop, in conjunction with the County Building
Inspection Department, a program to minimize erosion and dust resulting
from the grading operations. The grading permit shall limit grading opera-
tion to the hours from 7:00 A.M. to 5:00 P.M. on week days only. No grad-
ing will be permitted on weekends except for emergency situations when
EXHIBIT C
Page 4 of 12
i
approved by the Building Inspection Department. Transporting of heavy
equipment and trucks shall be limited to week days between the hours of i
9:00 A.M. and 4:00 P.M. Construction in creeks shall be limited to April
15 through October 1.
9. Comply with the recommendations of the geologic report submitted with the
application. Grading plans shall be submitted for review and approval by
the County Geologist prior to issuance of a grading permit.
A. At least 45 days prior to recording a Final Map, issuance of Building
Inspection Department permits or installation of improvements, submit
a preliminary geotechnical report meeting the requirements of Subdi-
vision Ordinance Section 94-4.420, for review and approval of the
Planning Geologist. Improvement, grading, and building plans shall
carry out the recommendations of the approved report.
B. Concurrently with recordation of the map, record a statement to run
with deeds to the property acknowledging the approved report by title,
author (firm) , and date, calling attention to approved recommenda-
tions, and noting that the report is on file for public review in the
Community Development Department of Contra Costa County.
C. Final Map shall show a triangular zone restricted from construction of
( structures for human habitation in the southwest site corner as shown
by Engeo, Inc. 's Alquist-Priolo Seismic Hazard Study (Engeo File
N7-2497-E2, dated December 21, 1987, Figures 1 and 4) , from the origin
of trench 2 to the west property boundary. The bearing of the east
boundary of the restricted zone shall be N23W.
D. Prior to issuance of building permits on parcels of each phase of this
subdivision, submit an as-graded report of the geotechnical engineer
with a map showing final plan and grades for subsurface drainage,
subdrain cleanouts and disposal or pickup points, and 'any buttress
fill with its key way location,: and other soil improvements installed
during grading, all as surveyed by a licensed land surveyor or civil
engineer.
E. All grading on the project shall be accomplished in accordance with
the County Grading Ordinance requirements, Ordinance 716, while main-
taining slope of 3:1 or better, except that slopes of 2:1 up to a
height of 4 feet shall be allowed between residential lots.
F. The grading plan shall provide for removal , grading, and replacement
of landslide debris with graded slopes of 3:1 or better, except that
slopes of 2:1 up to a height of 4 feet shall be allowed between resi-
dential lots. Deep fill shall be designed to minimize settlement, and
conservative grading and construction practices shall be incorporated
in the plan. The County Geologist shall evaluate the• grading plan
when submitted, including the seismic stability of the finished slope,
and the County Zoning Administrator may require amendments to the plan
if the evaluation indicates a need for such amendment.
EXIIIBIT C
Page 5 of 12
G. Cut or graded slopes shall be periodically inspected during grading of
those slopes by an engineering geologist or soils engineer with peri-
odic progress reports and a completion report.
H. Lined drainage ditches or berms at the crest of graded slopes shall be
included to control runoff, drainage ditches at appropriate vertical
intervals shall be included when the steepness of the slope requires
them, and key ways shall be excavated into bedrock as appropriate.
The plan shall include appropriate subdrains, and drainage rock shall
be wrapped in a suitable geotextile.
I . The project design shall comply with the terms of the setback zone as
determined by Engeo, and the applicant shall encourage prospective
homebuyers or purchasers of lots to obtain appropriate earthquake
insurance.
J. All cut and fill slopes shall be revegetated as soon as possible after
grading when season conditions are favorable to seed germination and
plant growth.
K. Soils of higher nutritional value shall be stockpiled during grading
for later spreading on the rocky cut slopes under the direction of
landscape architects or architectural soil scientists, along with the
plant ecologists already proposed to participate in the revegetation
development program.
10. An archaeological resource investigation shall be made of the site and a
report shall be submitted for review by the Zoning Administrator. Recom-
mendations of the report may be made requirements for development. If
during the construction, grading or excavation, any items of potential
historic or scientific interest are or discovered, the Community Develop-
ment Department shall be notified and the Director shall have the authority
to stop work in the area of any find, pending verification of- the discovery
and establishment of development methods for protection and treatment of
areas of significant interest.
11. Development rights for all common area that is to be maintained by the
homeowners association and for all permanent open space areas, shall be
deeded to the County.
12. The applicant shall assure that the approval of the annexation of the
developed portions of the site to the Contra Costa Water District and
Central Contra Costa Sanitary District shall be obtained prior to issuance
of building permits.
A. Prior to issuance of building permits, the Water District shall
approve of pressure Zone 3 and extended elevation Zone 4 on the site
or take comparable action to approve water service to the development.
Page 6✓�of 12
�c
B. The water storage and distribution system shall be designed to meet
Water District and Fire District flow standards and water demands.
C. The final design of the new water reservoir facilities shall be
subject to review by the Zoning Administrator.
13. The open space parcels contiguous to the City of Walnut Creek shall be
offered by the applicant to the City for dedication to the public in accor-
dance with the following procedure:
A. On or prior to final map approval , the applicant shall by letter
request the City to state whether or not the City will accept an
unconditional offer to dedication of these lands in fee simple title.
This letter shall request a response by the City in the form of a
Council resolution to be provided within 60 days of the applicant's
- letter.
B. If the City does not respond to this letter request within 60 days, if
the City rejects the proposed dedication of property, or if the City
places conditions upon such a dedication which are not acceptable to
the applicant, then the applicant shall not be required to offer or
dedicate any lands to the City. Then, the open space lands on the
site may be offered to any public agency by the homeowners association
or the applicant, as the case may be, at the sole discretion of the
( association or applicant. Alternatively, the open space areas shall
be maintained by the homeowners association.
C. If the City states by Council resolution that it will accept such an
offer of dedication of open space lands, then the applicant shall be
required to offer to dedicate the lands to the City at the time that
the subdivision improvements have been approved or accepted as
complete by the appropriate public agency.
14....: The applicant shall use its best efforts to negotiate a pret•i se alignment
for the access easement in favor of the City of Walnut Creek between
Arbolado Park and the Lime Ridge Open Space, with such access to be located
within the open space area adjacent to Arbolado Park.
15. The phasing schedule is approved as shown on the tentative subdivision map,
any modification is subject to approval by the Zoning Administrator.
16. The applicant shall comply with the Contra Costa County Ordinance pertain-
ing to Water Conservation. Compliance with the Water Conservation Ordi-
nance shall be designed to encourage low-flow water devices and other
interior and exterior water conservation techniques.
17. The provision of the county child care ordinance shall be complied with
prior to recordation of the Final Subdivision Map.
Page 7✓of 12
18. Emergency access shall be provided to open space from streets at locations
where access to open space is provided for in project plans. Easements or
public rights for emergency access shall be provided as set forth in
project plans, and emergency access shall tie into existing fire trails.
Any access gates shall be at least 16 feet wide.
19. Riding and hiking trails as shown on the tentative map shall be provided,
including the following:
A. A riding and hiking trail shall be constructed within a trail easement
extending from Northgate Road through the Open Space Area to the east-
erly boundary of the site as shown on the Final Development Plan.
Trail plan details shall be submitted for review and approval by the
Zoning Administrator with the filing of the final map.
B. Provision shall be made for a riding and hiking trail easement from
the northwest corner of the site which, when similar easements are
eventually obtained from the owners of the Cox and DeVito properties,
would provide for a trail extending along the westerly boundaries of
the Rancho Paraiso, Cox, and DeVito properties to south of the Cox
property. Accordingly, as indicated on the Final Development Plan,
and subject to review and approval by the Zoning Administrator with
the filing of the Final Subdivision Map, riding and hiking trail ease-
ments shall be provided along the western boundary of the Rancho
( Paraiso site between the northwest corner and the DeVito property,
along the western boundary of the Rancho Paraiso site between the
DeVito property and the Cox property, and along the western boundary
of the Rancho Paraiso site to the south of the Cox property.
C. Proposed improvements in the trail connections that lead to or affect
Lime Ridge and Arbolado Park shall be coordinated with the City of
Walnut Creek to avoid conflicts between the plans.
D. The purchasers of lots in the vicinity of the park riding and hiking
trails shall be advised of the potential nuisances which may be asso-
ciated with these facilities. Purchasers of lots shall be advised
that the development is adjacent to the Walnut Creek Police Firing
Range and some residents may experience noise.
E. The final map application shall include provisions for either screen-
ing, open wire fencing, buffer areas, or a separation between the
hiking and riding trails located on the Rancho Paraiso site and any
residential yards which may abut these trails.
20. Comply with drainage, road improvement, traffic and utility requirements as
follows:
Page 8, -of ' 12
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 are specifically listed
in this conditional approval statement. Conformance with the Ordi-
nance Code includes the following requirements:
1) Undergrounding of all utility distribution facilities.
2) Installing street lights on the on-site streets 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.
3) Conveying all storm waters entering or originating within. the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility. In
addition, compliance with all applicable standards of the Flood
Control District is a condition of final map approval . Compli-
ance with Flood Control District standards may include the
installation of detention basins if the District, in its sole
discretion, determines that such basins are necessary, and may
include the expansion of downstream storm drainage pipes if the
District, in its sole discretion, determines that such expansion
is necessary.
4) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
5) Submitting improvement plans prepared by a registered civil
engineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
County Zoning Administrator.
6) Installing, within a dedicated drainage easement,, any portion of
the drainage system which conveys run-off from public streets.
B. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards, as indicted on -the Vest-
ing Tentative Map. A sidewalk shall be included on the loop road
within the project, but sidewalks shall not be required on the
cul-de-sac streets or on the street which runs laterally between the
looproad.
C. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from North-
gate Road.
Page 9✓of 12
5
a
D. Mitigate the storm run-off impact of this development on Pine Creek by
contributing a drainage fee of $60,000 to the County Drainage Defi-
ciency Fee Trust (Fund No. 812100-0800) designated for improvements to
Pine Creek Channel improvements.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
F. Extend the southerly portion of Road A from the site to Northgate Road
as a 36 foot paved road, constructed to County public road standards,
within a 56 foot right of way. Construction of sidewalk, as shown on
the Vesting Tentative Map, shall be continued through this extension.
G. Improve Northgate Road, between the project access road and Sutton
Drive as a 36 foot paved road, constructed to. County public road
standards, within a 56 foot right of way. These improvements shall
include appropriate repair of Northgate Road, an all-weather shoulder
on the south side of Northgate Road, and striping for a 5 foot wide
bicycle lane on either side. Construct a 4 foot sidewalk along the
north-easterly side of the roadway. In conjunction with this improve-
ment, construct a left turn lane for southbound traffic accessing the
project access road subject to the review and approval of the County
Public Works Department. Submit a sketch plan of these improvements,
to the Road Engineering Division of the County Public Works Department
( prior to submission of Improvement Plans.
H. Remove shrubbery and trees, as necessary, to improve sight distance at
the intersection of Road A and Northgate Road.
I. Improve the northerly, side of Arbolado Drive between the site and the
Contra Costa County Canal as a 40 foot paved road, constructed to
County public road standards, and construct a 4 foot sidewalk along
the edge of the road.
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. Mitigate off-site impacts of construction equipment by:
1) Requiring all construction equipment used in grading and in the
construction of the on-site road system to access the site off of
Northgate Road via the southerly portion of Road A.
2) Maintaining and restoring Northgate Road between Road A and
Castle Rock Road under the direction and approval of the County
Public Works Department.
Page 10 of 12
21. Consideration shall be given to the open space areas and adjacent agricul-
ture lands, as follows:
A. There shall be recordation of notice to run with the land that the
property is adjacent to agricultural uses which may cause nuisances to
residential neighbors such as odor, noise, etc.
B. The open space area between the developed homes and the adjacent
Ginochio property as indicated on the tentative map, shall be main-
tained as permanent open-space buffer. Where the project homes or
open space abut areas to be grazed, adequate fencing shall be
provided.
C. Future home buyers shall be notified of the possibility of grazing
occurring on adjacent lands. They shall be presented with educational
notice to encourage respect for the animals to discourage vandalism
and shall be notified that a strict leash law shall be enforced within
the development.
D. As a condition of final map approval , a sign program for the control
of dogs shall be submitted for the review and approval of the Zoning
Administrator. The homeowners association rules, when prepared, shall
require that dogs be leashed when they are taken on trails or on open
( space areas within the project.
E. As a condition of final map approval , a program of appropriately sized
signs at entryways onto trails should be submitted for the review and
approval of the Zoning Administrator, to help ensure that dirt bikes
do not gain access to the Ginochio Ranch through project open space
lands.
F. The applicant shall confer with Ginochio Ranch representatives regard-
ing provision of adequate fencing between homesites and-.the Ginochio
Ranch. Confirmation of compliance with this condition shall be
provided by the applicant.
22. The applicant shall take the following actions to protect the quality and
the availability of water for the DeVito pond:
A. The applicant shall arrange an agreement acceptable to the applicant,
the Contra Costa Water District, Cox and DeVito and subject to review
and approval by the Zoning Administrator prior to final map approval
regarding continued maintenance of the current water pumping arrange-
ment to the storage pond on the DeVito property. Alternatively,
if an agreement cannot be reached, physical provisions should be made
to make treated Contra Costa Water District water available to the
DeVito site.
EXHIBIT c
Page 11 of 12
i
B. The applicant shall demonstrate how the project storm drainage system ,
will adequately protect the DeVito pond against any adverse water
quality impacts. Protection measures shall be incorporated into the
storage pond water source agreement subject .to the review and approval
of the Zoning Administrator.
23. The project shall comply with Sanitary District Standards. Compliance will
include a gravity flow system which is responsive to unstable geologic
conditions as required by the District's design standards, and completion
of a study to determine the capacity of the local collection system between
the project and the 10-inch mains along Oak Grove Road.
A. If the District determines that the capacity is adequate, no expansion
of the system will be required. If the District determines . that the
capacity is inadequate, then the capacity will be expanded by the
applicant as a condition of final map approval .
24. The applicant shall contribute to the County homeless fund a sum equal to
the profit on the site of two (2) developed lots or homes, or not less than
the sum of $100,000. The contributed funds shall be placed in trust with
provisions for the deposit, retention, and payment of funds to be approved
by the Zoning Administrator.
Advisory Notes
1. This development will be subject to the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as
adopted by the Board of Supervisors. Currently, the site is located within
the Marsh Creek Region of the Countywide Area of Benefit. However, traffic
from the site will flow directly into the Central Region. Prior to the
filing of the Final Map and/or issuance of building permits, the County
staff will take action which will transfer the site into the Central Region
and will subject the development to the Central Region fee. The monies
collected will be placed in a County trust fund to be used for Measure "C"
projects in the Central Region.
2. The Park Dedication Fee which is required to be paid pursuant to County
Ordinance shall be paid at the time the first building permits are issued
for construction of homes on the site. At the request of the City of
Walnut Creek, the County will make these fees available to the City for the
purpose of developing the proposed Arbolado Park.
3. This project may be subject to the requirements of the .Department of Fish
and Game. The applicant should notify the Department of Fish and Game, P.
0. Box 47, Yountvil.le, California 94599, of any proposed construction
within this development that may affect any fish and wildlife resources,
per the Fish and Game Code.
Page 1Z; of lz
` Y
This project may also be subject to the requirements of the Army Corps of
Engineers. The applicant should notify the appropriate district of the
Corps of Engineers to determine if a permit is required and if it can be
obtained.
4. The project will be required to pay a one-time per-unit fee for fire
services pursuant to county ordinance, and to comply with the county ordi-
nance regarding park fees or dedications.
The following statements are NOT Conditions of Approval ; however, the applicant
should be aware of these requirements prior to attempting to secure building
permits.
A. The Contra Costa County Consolidated Fire District. See attached.
B. The Central Costa Sanitary District. See attached.
C. Health Services Department. See attached.
BT/aa
4/10/89
RZ/13/2795-RZ.BT
EXHIBIT D
Board Resolution No . _
ApProvinq this Agreement
9
EXHIBIT E
Chapter 84-12 of the Contra Costa County
Code (R-15 Districts) as in Effect
on Execution of this Agreement
EXHIBIT E
PART 014E
Page 1 of 2 =
(Chapter 84-12 , o
Contra Costa County Code) .`
Chapter 84-12 Article 84-12.4
Uses
R-15 SINGLE FAMILY
RESIDENTIAL DISTRICT 84-12.402 Uses — Permitted. Uses
permitted in the R-I 5 district shall be: All those
Article 84-12.2 General uses designated for the R-6 district in Section
Sections: 84-4.402. (Ord. 68-25 § 2, 1968: Ord. 1569:
84-12.202 General provisions. prior code § 8145(a): Ord. 1269: Ord. 1179).
Article 84-12.4 Uses
Sections: 84-12.404 Uses — Requiring land use
84-12.402 Uses—Permitted. permit. In the R-15 district the following uses
84-12.404 Uses—Requiring land use are permitted on the issuance of a land use
permit. permit: All the uses designated for the R-6
Article 84-12.6 Lots district in Section 84-4.404_ (Ord. 1569: prior
Sections: code § 8145(b): Ord. 1269: Ord. 1179).
84-12.602 Lot—Area.
i
84-12.604 Lot—Width. Article 84-12.6
84-12.606 Lot—Depth. Lots
Article 84-12.8 Building Height
Sections: 84-12.602 Lot — Area. No single family
84-12.802 Building height—Maximum. dwelling or other structure permitted in the
Article 84-12.10 Yards R-15 district shall be erected or placed on a lot
Sections: smaller than fifteen thousand square feet in area.
84-12.1002 Yard—Side. (Ord. 1569: prior code § 8145(c): Ord. 1269:
84-12.1004 Yard—Setback. Ord. 1179).
8412.1006 Yard—Rear.
Article 8412.12 Off-Street Parking 84-12.604 Lot — Width. Lot width
Sections: provisions for the R-15 district shall be the same
8412.1202 Off-street parking—Space as those for the R-12_ district (Section
requirements. 8410.604). (Ord. 1569: prior code § 8145(d):
Article 8412.14 Land Use and Variance Permits Ord. 1269: Ord. 1179).
Sections:
8412.1402 Land use and variance 84-12.606 Lot — Depth. Lot depth
permit—Granting. provisions for the R-15 distridi shall be the same
as those for the R-121 district (Section
Article 84-12.2 84-10.606). (Ord. 1569: prior code § 8145(e):
General Ord. 1269: Ord. 1179).
8412.202 General provisions. All land Article 84-12.8
within an R-15 single family residential district Building Height
may be used for any of the following uses, under
the following regulations set forth in this 84-12.802 Building height — Maximum.
chapter. (Ord. 1569: prior code § 8145 (part): Building height provisions for the R-I 5 district
Ord. 1269: Ord. 1179). shall be the same as those for the R-6 district
(Section 84-4.802). (Ord. 1569: prior code §
8145(f): Ord. 1269: Ord. 1179).
Article 8412.10
Yards
84-12.1002 Yard — Side. Side yard
provisions for the'R-15 district shall be the same
as those for the R-I_' district (Section
84-10.1002). (Ord. 1569: prior code § 8145(g):
Ord. 1269: Ord. 1179).
EXHIBIT E
PART ONE
Page 2 of 2
84-12.1004 Yard — Setback. Setback (front
yard) provisions for the R-15 district shall be the
same as those for the R-6 district (Section
84-4.1004). (Ord. 1569: prior code § 8145(h):
Ord. 1269: Ord. 1179).
84-12.1006 Yard — Rear. Rear yard
provisions for the R-15 district shall be the same
as those for the R-6 district (Section 84-4.1006).
(Ord. 1569: Prior code § 8145(i): Ord. 1269:
Ord. 1179).
Article 84-12.12
Off-Street Parking
84-12.1202 Off-street parking. — Space
requirements. Off-street parking provisions for.
the R-15 district shall be the same as those for
the R-6 district (Section 84-4.1202). (Ord.
72-44 § 1, 1972: Ord. 71-59 §§ 4, 5, 1971: Ord.
1569: prior code § 8145(j): Ord. 1269: Ord.
1179).
Article 84-12.14
I end Use and Variance Permits
84-12.1402 Land use and variance permit —
Granting. Land use permits for the special uses
enumerated in Section 84-12.404, and variance ,
permits to modify the provisions in Sections
84-4.402(5) and 84-12.602 — 84-12.1202, may
be granted in accordance with Chapters 26-2 and
82-6. (Ords. 77-51 § 7: prior code § 8145(k):
Ords. 1 179 56 1382 § 451).
0
EXHIBIT E
PART 2
Page 1 of 4
I
Ic (Other County Code
provisions referenced in
Chapter 84-12)
84-4.402 Uses .— Permitted. The following
uses are allowed in the R-6 district:
(1) A detached single-family dwelling on each
lot and the accessory structures and uses
normally auxiliary to it;
(2) Crop and tree farming, except raising or
keeping any animals other than ordinary house-
hold pets;
(3) Publicly owned parks and playgrounds;
(4) A residential care facility for the elderly,
operated by a person with all required state and
local agency approvals or licenses, where not
more than six persons reside or receive care,
not including the licensee or members of the
licensee's family or persons employed as facility
staff:
(5)' A family day care home where care,
protection and supervision of twelve or fewer
children in the provider's own home are
provided for periods of less than .twenty-four
hours per day, while the parents or guardians
are away;
(6) Aviaries, which shall not be over twelve
feet high nor exceeding one square foot (not
over 1,600) in area for each fifty square feet
of net land area per lot, and unless otherwise
provided herein, shall be set back at least
twenty-rive feet from the front property line
and any street line and at least ten feet from any
side or rear property line, and! shall be main-
tained in a sanitary manner as determined by the
county health department. (Ords. 86-43 § 2.
78-83 § 1, 77-51 § 2, 68-25 § 2: prior code
§ 8142(a): Ords. 1269 § 1, 1179 § 3. 1039,
1028, 382 § 4A).
EXHIBIT E
PART 2
Page 2 of 4
va, p•'
I •
844.404 Uses — Requiring !sd use permit. (8) Medical and dental offices and medical
The following uses are allowable on the issuance clinics;
of a land use permit: (9) Publicly owned building and structures
.except as provided in Division 82,
(10) Residential second units complying with
(1) A home occupation; the provisions of Chapter 82-24.
( 2 ) Hospitals, eleemosynary and (11) A family care home where care,
;philanthropic institutions, and convalescent protection and supervision of thirteen or more
children in the provider's own home are
homes;
(3) Churches and religious institutions and provided for periods of less than twenty-four
da
parochial and private schools including nursery hours per y, while the parents or guardians
are away:
schools; -
(4) Community buildings, clubs, and (12) Commercial radio and television
activities of a quasi-public, social, fraternal or receiving and transmitting facilities other than
recreational character, such as golf, tennis, and broadcasting studios and business offices;
swimming clubs, and veterans' and fraternal (13) The installation of exterior lighting at
organizations; a height of seven feet or more above the finished
(5) Greenhouses, over three hundred square grade of the parcel except exterior light placed
feet; upon the single-family residence. (Ords. 87-67
(6) More than one detached dwelling unit on § 4, 86-43, 83-70, 76-75 § 1, 76-36 § 2, 73-51 §
a lot or parcel, if the density is not greater than 3, 67-38, 1762, 1569 § 1, 1549: prior code §
the following: 8142(b): Ords. 1405, 1179 § 3, 382 § 4A).
(A) R-6 district — six thousand square feet
per dwelling unit,
(B) R-7 district — seven thousand square feet
per dwelling unit,
(C) R-10 district — ten thousand square feet
per dwelling unit,
(D) R-15 district — fifteen thousand square
feet per dwelling unit,
(E) R-20 district..— twenty thousand square
feet per dwelling unit,
(F) R-40 district — forty thousand square
feet per dwelling unit,
(G) R-65 district. — sixty-five thousand
square feet per dwelling unit,
(H) R-100 district — one hundred thousand
square feet per dwelling unit,.
(1) D-1 district — no density restriction,
(J) F-1 district — no density restriction;
(7) Commercial nurseries; an application shall
include a site plan indicating planting and land-
scaping areas, existing and proposed structures,
and plans and elevations to indicate architectural
type:
EXHIBIT E
PART 2
Page 3 of 4
ti
84-10.604 Lot — Width. No single family
dwelling or other structure permitted in the
R-12 district shall be erected or placed on a lot
less than one hundred feet in average width.
(Ord. 1569: Ord. 1482.- prior code § 8144.5(d)).
844-802 Budding height — Maximum. No
single-family dwelling or other structure
permitted in the R-6 district shall exceed two
and one-half stories or thirty-five feet in height.
(Ord. 1569: prior code § 8142(0: Ords. 1269,
1179).
84-10.1002 Yard — Side. There shall be an
aggregate side yard width of at least twenty-five
feet. No side yard shall be less than ten feet
wide. These minima may be reduced to three
feet for an accessory building or structure if it is
set back at least sixty-five feet from the front
property line. (Ord. 1569: Ord. 1482: prior
code § 8144.5(g)).
84-4.1004 Yard — Setback. There shall be a
setback (front yard) or at least twenty feet for
any structure in the R-6 district. On comer lots
the principal frontage shall have a setback of at
least twenty feet and the other setback shall be
at least fifteen feet. :(Ord. 1569: prior code
8142(h): Ords. 1269, 1179).
84-4.1006 Yard Rear. There shall be a
rear yard for any principal structure of at least
fifteen feet. There shall be a rear yard for
accessory structures of at least three feet. (Ord.
I569: prior code § 8142(i): Ords. 1269, 1179).
EXHIBIT E
PART 2
Page 4 of 4
Article 84-4.12
Off-street Parking
84-4.1202 Off-street parking requirements.
(a) In R-6 districts every dwelling unit shall have
at least two off-street automobile storage spaces
on the same lot; except that there shall be at
least one such space where the lot was legally
created before September 9, 1971, or was part
of a tentative or parcel map filed before
September 9, 1971, and upon which a final
subdivision or parcel map was subsequently
approved and recorded.
(b) Such spaces shall have a covered or open
surfaced area of at least nine by nineteen feet,
and shall be entirely outside the setback or side
yard areas of the principal structure. (Ords.
77-107, 71-59 §§ 4 and 5: prior code § 8142(j):
Ords. 1179 § 3, 1039, 1028, 928).
EXHIBIT F
Standard Form Hold Harmless Provisions
INDEMNITY. Subdivider shall defend, hold harmless and
indemnify the indemnitees from the liabilities as defined in
this section:
A. The indemnitees benefited and protected by
this promise are the County and its special district, elective
and appointive boards, commissions, officers, agents and
employees .
B. The liabilities protected against are any
liability or claim for damage of any kind allegedly suffered,
incurred or threatened because of actions defined below, and
including personal injury, death, property damage, inverse
condemnation, or any combination of these, and regardless of
whether or not such liability, claim or damage was unforseeable
at any time before the County reviewed said improvement plans
or accepted the work as complete, and including the defense of
any suit(s) , action(s) or other proceeding(s) concerning said
liabilities and claims .
C. The actions causing liability are any act or
omission (negligent or non-negligent) in connection with the
matters covered by this Agreement and attributable to the
Subdivider, contractor, subcontractor or any officer, agent or
employee of one or more of them.
D. Non-Conditions : The promise and agreement
in this section are not conditioned or dependent on whether or
not the indemnitee has prepared, supplied, or reviewed any
plan(s) or specification(s) in connection with this work or
subdivision, or has insurance or other indemnification covering
any of these matters, or that the alleged damage resulted
partly from negligent or willful misconduct of any Indemnity.