HomeMy WebLinkAboutMINUTES - 04061993 - H.7 HP 7
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TO: BOARD OF SUPERVISORS •,__� ta
FROM. HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT ',, _ o
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DATE: .. March 22 , 1993 un`r't
SUBJECT: Appeal by Robert and Alice Garrigan of the San Ramon Valley Regional
Planning Commission Approval of Final Development Plan #3002-93 -
Amending Previous Approval of the Oak Gate Project (Offenhartz & Frost
- Applicants; Mrack Road Property Owners - Owners) in the
Danville/Tassajara area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Sustain the Project Approval of the Planning Commission and Deny
the Appeal of the Neighboring Property Owners, Robert and Alice
Garrigan. Delete reference to Caltrans design standards in
Condition of Approval #19 .G.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 19 , 1991, the Board of Supervisors approved the Oak
Gate project (File #2938-RZ, FDP 3041-90 and SUB 7621) . The
approved project provided for the resubdivision of 7 parcels (under
separate ownership) consisting of 17 . 3 acres into 43 lots. The
project is located on the north side of Camino Tassajara on either
side of Mrack Road. The approval provided for road and landscape
improvements along the frontage of Camino Tassajara Road, and for
upgrade of existing road improvements for Mrack Road.
Subsequent to the Board approval of the project, the applicants
have been endeavoring to satisfy the conditions of approval
including formation of an assessment district to finance the
required upgrade for Mrack Road.
Recently, the applicant filed an application with the County to
amend the prior project approval granted by the Board. The
CONTINUED ON ATTACHMENT: X YES S�GNA UR
RECOMMENDATION OF COUNTY'ADMINISTRATOR RECOMMENDATION OF BOARD COMM TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON prl APPROVED AS RECOMMENDED x— OTHER X
See Addendum for Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT I TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Bob Drake (646-2091) ATTESTED April 6 , 1993
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Offenhartz & Associates THE BOARD OF SUPERVISORS
Robert & Alice Garrigan COU ADMINISTRATOR
Town of Danville
BY , DEPUTY
PW: 3002-93 .bor
RD
r
new application is requesting modifications to:
• replace the requirement to install a raised median island in Camino
Tassajara with a painted median island;
• eliminate the requirement for site ingress/egress
acceleration/deceleration lanes;
• eliminate the sidewalk improvement requirement for a portion of
Camino Tassajara frontage (off-site) ; and
• modify the decorative masonry wall specifications for a required
Camino Tassajara frontage wall.
The project modification request was heard by the San Ramon Valley
Regional Planning Commission on February 17 , 1993 . After taking
testimony, the Commission approved most of the changes requested by the
applicant. No change to the requirement for provision of,
acceleration/deceleration lanes was made at the staff recommendation.
Appeal Filed by Neighbors
On February 26, 1993 , a letter of appeal (dated 2/17/93) of the
Commission approval was filed with the Community Development Department
by the owners of an adjoining property, Robert and Alice Garrigan. The
letter expressed concerns about how the proposed changes might impact
their property.
The Garrigans own property abutting the west side of the Oak Gate
project and fronting on the north side of Camino Tassajara. It should
be noted that the Garrigans have received approval to subdivide their
property at the same time as the Oak Gate project was approved in 1991.
Unlike the Oak Gate project, the Garrigan project involves a single
existing parcel .
Discussion
The letter of appeal is a copy of the letter presented to the Commission
at the time of the Commission hearing. The Garrigans have requested
information about the effect of the proposed changes on the Assessment
District which has been proposed for the Oak Gate project. Staff has
advised the Garrigans that the modifications would probably result in a
slight decrease in the Assessment District costs. Staff has also
referred the Garrigans to the responsible Public Works Department staff
person for questions regarding specific ramifications relative to the
proposed Assessment District. The Garrigans would be responsible for
constructing the sidewalk improvements adjacent to the bus turnout for
their project if and when they develop their project.
The appeal letter contains no new information or issues that were not
presented to the Planning Commission. Therefore, staff sees no basis to
grant the Garrigans' appeal.
Acceleration/Deceleration Lane Design
In a memo dated March 8 , 1993 the Public Works Department has indicated
that they would prefer to see Condition #19 .G. be modified. The
Department would like to see the reference to Caltrans design standards
be omitted relative .to required acceleration/deceleration lanes.
ADDENDUM TO ITEM H.7
APRIL 6, 1993
This is the time heretofore noticed by the Clerk of the Board of Supervisors for
hearing on the appeal by Robert and Alice Garrigan (appellants) from the decision of the
San Ramon Valley Regional Planning commission on the request (DP 3002-93) by Doug
Offenhartz(applicant) and Mrack Road Property Owners (owners) to amend the Camino
Tassajara frontage improvement requirement for the approved Oak Gate project
consisting of Final Development Plan #3041-90 and Vesting Tentative Map 7621 in the
Danville/Tassajara area.
Robert Drake, Community Development Department, presented the staff report
on the project and the background of the appeal with concerns relative to the formation of
an assessment district, and he read comments from the applicant who was unable to stay
for the hearing.
The public hearing was opened and the following person appeared to testify:
Alice Garrigan, 4001 Camino Tassajara, Danville.
The public hearing was closed.
On recommendation of Supervisor Bishop, the staff recommendation is
APPROVED.
CONDITIONS OF APPROVAL FOR AMENDED FINAL DEVELOPMENT PLAN #3002-93
MODIFYING CONDITOINS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #3041-90 AND
VESTING TENTATIVE MAP 7621 FOR THE OAK GATE PROJECT (Frost/Offenhartz -
Applicants) AS AMENDED BY THE BOARD OF SUPERVISORS ON APRIL 6, 1993
The Conditions of Approval which are denoted with an asterisk (*) call for the submittal of
documents for opportunity for review by the Town of Danville prior to administrative review
and approval by the County Zoning Administrator occurring.
General
1 . Development and use shall be substantially as shown on the following submitted
exhibits, except as modified by the conditions below subject to final review and
approval of the County Zoning Administrator.
A. Revised Preliminary Development Plan, Final Development Plan and Vesting
Tentative Map dated August 20, 1991.
B. Garrigan/Mrack Road Property Owners Entry Road (attached to August 16,
1991 letter from Doug Offenhartz of Oak Park Realty).
C. July 7, 1991 and July 12, 1991 letters from Dudly Frost Associates regarding
the project approach.
D. "Oak Gate Site Development and Architectural Guidelines", July, 1991 .
E. "Preliminary Geotechnical Reconnaissance Report", Engeo, Inc. -November 20,
1990.
F. Streetscape Development Plan (revised September 19, 1991 ).
2. This approval is for a single family residential project providing for a maximum of 43
dwellings. This approval is contingent on final approval of Rezoning/Preliminary
Development Plan File #2938-RZ.
3. The project shall develop in two phases as is described on the Vesting Tentative Map.
Proposed lot line adjustments and abandonment of Mrack Road shall be consummated
prior to or concurrent with the recording of the first final map. Prior to filing a Final
Map, the applicant shall submit a site plan identifying all structures on the property and
whether they are proposed to remain or be removed. The Zoning Administrator may
require the removal of any structure or other solution mutually acceptable to the
Zoning Administrator and applicant prior to recording the map.
4. At least 30 days prior to filing a final map, a revised final development plan shall be
submitted for the review and approval of the Zoning Administrator. The revised plans
shall provide for:
A. A revised entrance design in accord with the design attached to the August 16,
1991 letter from Oak Creek Realty.
2
B. An internal landscape/irrigation plan for the Oak Gate project prepared by a
licensed landscape architect. The plan shall address public right-of-way area.
The plan shall be certified for compliance with the Water Conservation
Ordinance (90-59). A long-term maintenance program shall be provided.
C. *A landscape/irrigation plan for the area between face of curb and the proposed
soundwall along the Camino Tassajara frontage.
1) The plan shall provide for a decorative, split-face masonry soundwall to
match the appearance of the wall of the Shadow Creek project to the
east as shown on plans submitted by the applicant on November 9,
1992. The wall shall extend from Hansen Lane to the project entrance.
The design of the wall shall be based on the recommendations of an
acoustic study prepared by an acoustical engineer on projected traffic
volumes. Wrap treatment of the wall at road intersections shall be
subject to Zoning Administrator review and approval.
2) Prior to submittal to the County and Danville, the applicant shall make
a diligent effort to coordinate landscape plans with the developer of
Subdivision 7613 (Garrigan). Bushes shall be a minimum of 5 gallon
size; trees shall be a minimum of 15 gallon except that at least two
trees shall be a minimum 24-inch box. The landscape plans shall be in
accord with the Water Conservation Ordinance.
3) Project entrance identification signs shall be included with the submittal.
4) A hardscape plan for the project entrance shall be submitted. Prior to
submittal to the County or the Town of Danville, the applicant shall
diligently attempt to coordinate the project entrance design with the
developer of Subdivision 7613 (Garrigan).
5) A long-term program for maintenance of landscape improvements. A
landscape maintenance easement shall be established along the Camino
Tassajara frontage between the wall and right-of-way boundary. The
area shall be maintained by Landscaping District AD 1979-3 (LL-2).
6) A fencing program for the perimeter of the Oak Gate project addressing
the three sides of the project other than the Camino Tassajara frontage
treatment.
7) Prior to submittal to the County, the proposed landscape plans shall be
submitted to the Town of Danville for opportunity to comment.
D. The applicant shall diligently attempt to resolve design of the circular turn-
around at the end of Mrack Road in a manner that allows use of a portion of the
Tomek property as designed.
3
If the Tomeks are unwilling to convey a portion of their property for the circular
turnaround, then the turnaround and adjoining parcels shall be reconfigured to
satisfy turnaround standards without encroachment on the Tomek's property.
Transportation Systems Management
5. A Transportation Systems Management (TSM) program, in compliance with County
policies shall be submitted for the review and approval of the County Zoning
Administrator at least 30 days prior to filing a final map. An on-going program shall
be established to notify residents of transit opportunities in the area, and encourage
and facilitate car-pooling. The applicant should contact the TSM coordinator (646-
1550) in the Community Development Department office for direction.
Residential Design Guidelines
6. Design shall generally be in accord with the Development and Architectural Guidelines.
Prior to issuance of building permits, the Master Developer or Design Review
Committee whichever has jurisdiction, shall be provided an opportunity to review and
comment on residential construction plans.
7. Residential development shall be guided by the Single Family Residential, R-12 district
except as follows:
A. Lot area and dimensions shall be in substantial conformance with the lots
shown on this map.
B. Yards shall be as follows:
1) Side: 25 feet minimum aggregate for both side yards with 10 feet
minimum for any one sideyard, except lots with non-parallel side lines
where the minimum aggregate shall be 20 feet.
2) Rear: 20 feet minimum, except the minimum may be reduced to 15 feet
for any lot with an average depth of 100 feet or less.
3) Front: 20 feet minimum, except when a side-entrance garage is used,
the garage portion of the structure may be built with a front yard of 15
feet minimum. A side entrance garage is a garage in which the plane of
the vehicular opening is angled more than 75 degrees from a line
connecting the front corners of the side lot lines.
C. Building height shall be limited to standards outlined in site development and
architectural guidelines adopted as part of recorded declaration of covenants,
conditions and restrictions for the subdivision. Residential structures
constructed on Lots 29 and 32 of this subdivision shall be limited to one story.
Residential structures on Lots 35 - 41 shall be designed with particular care
regarding roof elements to reduce visual impacts, and to improve and soften the
streetscape as viewed from Camino Tassajara. Roof pitches shall generally
4
slope away from Camino Tassajara in a single story roof profile not exceeding
28 feet in height, except that chimneys may be constructed as high as 35 feet.
Rear building elevations shall be stepped away from Camino Tassajara so that
no full two story facades occur at the rear yard setback line. All windows,
chimneys and siding details shall be consistent with front elevations. All corner
lots shall have the single story roof profile adjacent to side street frontages.
Accessory and/or patio structures in the rearyards of Lots 35 - 41 shall be
limited to 10 feet in height.
8. Each residence shall provide for a minimum 2-car garage with an automatic sectional
door.
9. At least 30 days prior to filing a final map, an acoustic report shall be prepared by an
acoustical engineer making findings and recommendations for the design of the
residences and Camino Tassajara soundwall. The report shall be based on projected
traffic levels. The report recommendations shall be incorporated into a revised set of
architectural guidelines.
10. At least 30 days prior to filing a final map, a revised set of Development and
Architectural Guidelines incorporating the above residential design restrictions shall be
submitted for the review and approval of the Zoning Administrator.
Covenants, Conditions and Restrictions
11 . A copy of the Covenants, Conditions and Restrictions shall be submitted to the
Community Development Department. The document shall provide for the approved
revised architectural guidelines described above.
12. A private road maintenance agreement shall be provided for each private road. A copy
of each agreement shall be submitted to the Community Development Department with
the filing of each final map.
Child Care
13. At least 30 days prior to filing a final map, the applicant shall comply with the demand
study and response program provided in the Child Care Ordinance requirements. The
study and response program shall be reviewed and approved by the Zoning Administra-
tor. The applicant may be required to contribute to improvements to a Child Care
Program in the vicinity of the Oak Gate project. The applicant should contact the
County Child Care Coordinator of the Community Development Department at 646-
2035 to obtain direction on the submittal requirements.
Construction Noise, Dust and Litter
14. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of the property within 300 feet of the exterior boundary of the
project site and to the Shadow Creek and Bettencourt Ranch Residents' Association
that construction work will commence. The notice shall include a list of contact
5
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept current at
all times and shall consist of persons with authority to initiate corrective actin in their
area of responsibility. The names of individuals responsible for noise, dust, and litter
control shall be expressly identified in the notice. The notice shall be re-issued with
each phase of major construction activity.
A copy of the notice shall be concurrently transmitted to the Community Development
Department. The notice shall be accompanied by a list of the names and addresses
of the property owners noticed, and a map identifying the area noticed.
15. A dust and litter control program shall be submitted for the review and approval of the
Zoning Administrator following review by the Building Inspection Department. Dust
shall be kept down by watering, which shall be accomplished by a watering truck on
site or from hydrants on site. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall not be
allowed to resume until, if necessary, an appropriate construction bond has been
posted.
16. Should archaeological materials be uncovered during grading, trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology
(SCA) and/or the Society of Professional Archaeologists (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate
mitigation(s), if deemed necessary.
Special Infrastructure Fees
17. The applicant shall contribute $2,880 per lot in park land dedication fees. Collected
fees should be made available for public improvements to the proposed child care
facility adjacent to the Senior Life Care Center approximately one-half mile to the west
for a period of five years from the effective date of this permit. After expiration of this
period, any remaining funds should be allocated to the Diablo Vista park. in the Town
of Danville.
18. The applicant shall contribute $5,377 per unit to the County Road Improvement Fee
Trust Fund (Fund Number 819200-0800). The applicant's obligation to the Crow
Canyon Road Extension Area of Benefit and any offsite road improvements across the
Hansen property frontage, including right of way costs, shall be credited toward this
obligation. The remaining funds shall be split in accordance with the proportions
outlined in the Camino Tassajara JEPA as if this property were included int the JEPA.
Estimates for the creditable work shall be subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of the Zoning
Administrator.
6
Road, and Drainage and Utility Requirements
19. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision Ordinance
(Title 9). Any exceptions therefrom must be specifically listed in this
conditional approval statement. Conformance with the Ordinance includes the
following requirements:
1) Constructing road improvements along the frontage of Camino Tassa-
jara.
Constructing curb, six-foot meandering sidewalk, necessary longitudinal
and transverse drainage, necessary pavement widening and a half-width
median island (including surface treatment) along the frontage will
satisfy this requirement. The applicant may use a painted median island
in lieu of the raised median island provided that he provides a cash
contribution, for all work required to provide a future half-width median
island (including surface treatment and landscaping and irrigation), to
Road Improvement Fee Trust (Fund No. 819200-0800) designated for
improvements to this portion of Camino Tassajara. The face of the curb
shall be located 15 feet from the ultimate right of way line.
2) Installing street lights and annexing the property to County Service Area
L-100 for maintenance of the street lights. The final number and
location of the lights shall be determined by the County Traffic Engineer.
3) Constructing a paved concentric or offset cul-de-sac at the end of the
proposed public road and paved turnaround at the end of the proposed
private road.
4) Undergrounding of all utility distribution facilities, including
distribution facilities connecting to any existing facilities along the
Camino Tassajara frontage.
5) Conveying all storm waters entering or originating within a subject
property, without diversion and within an adequate storm drainage
facility, to a natural watercourse having definable bed and banks or to
an existing adequate public storm drainage facility which conveys the
storm waters to a natural watercourse.
6) Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the Public
Works Department. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
7
7) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
8) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improve-
ments 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 Public Works Department,
Road Engineering Division.
9) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
10) An exception to the sidewalk requirement for the section of Mrack Road
northerly of Lots 34 and 38, except that a walkway on one side of the
street only shall be required.
B. Convey to the County, by Offer of Dedication, additional right of way on
Camino Tassajara as required for the planned future width of 128 feet.
C. Provide for adequate corner sight distance at the Camino TassajaraPA" Drive
intersection using a design speed of 55 miles per hour in accordance with
CALTRANS standards.
D. Align Mrack Road as shown on the Tentative Map to line up with the access
to Garrigan Court at "A" Drive (Subdivision 7613), subject to the review and
approval of the Public Works Department.
E. Relinquish abutter's rights of access along Camino Tassajara, including rights
to access the property via Mrack Road.
F. Construct Mrack Road and "A" Drive to County public road standards and
convey to the County by Offer of Dedication, the corresponding right of way.
Satisfaction of this requirement includes construction of curb, four-foot six-inch
sidewalk (width measured from curb face), and necessary longitudinal and
transverse drainage along the entire "A" Drive frontage. Between Garrigan
Court/Mrack Road and Camino Tassajara, the northbound side of "A" Drive
shall be approximately 22 feet wide (width measured from curb to curb) and
the southbound side of "A" Drive shall be approximately 22 feet wide. The
actual lane widths shall be subject to the review of the Public Works Depart-
ment, Road Engineering Division, and the review and approval of the Zoning
Administrator. The total combined northbound and southbound paved width
from curb-to-curb shall be 44-feet. North of Garrigan Court/Mrack Road, the
roadway shall transition to a 34-foot width within a 54-foot right of way width.
The Garrigan Court/Mrack Road/"A" Drive intersection and the transition shall
be subject to the review and approval of the Public Works Department, Road
Engineering Division.
8
G. Install road improvements at the Camino Tassajara/"A" Drive intersections:
1) Install left-turn channelization from Camino Tassajara to northbound "A"
Drive, and from southbound "A" Drive to eastbound Camino Tassajara.
2) Install right-turn lanes on Camino Tassajara for site ingress and egress
at "A" Drive.
3) Construct a traffic signal or contribute $380 per new residence to the
cost of traffic signalization to be installed when traffic warrants are met.
The adjacent subdivision to the west of this property (Garrigan Proper-
ty/Subdivision 7613) has also been conditioned to construct the above
intersection improvements.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. Install safety improvements on Camino Tassajara and "A" Street (including
traffic signs, striping, pavement widening and channelization as approved by
the Public Works Department.
J. Submit a sketch plan to the Public Works Department, Road Engineering
Division, for review showing all public road improvements prior to starting work
on the improvement plans. The sketch alignment plan shall be to scale and
show proposed and future curb lines, lane striping details and lighting. The
sketch alignment plan shall also include sufficient information to show that
adequate sight distance has been provided.
K. 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.
L. Submit an acoustical analysis based on ultimate widening of Camino Tassajara
and ultimate development of the area prepared by a qualified expert and
mitigate impacts subject to the review and approval of the Zoning Administra-
tor.
M. Provide for adequate off-street parking on the proposed private roads, subject
to the review and approval of the Zoning Administrator.
N. Apply to the Public Works Department for annexation to the County Landscap-
ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and
irrigation facilities in median islands, parkways and other areas ("open space"
is specifically excluded).
9
O. Construct a bus turnout on Camino Tassajara subject to the review and
approval of the Transit District and the Public Works Department. A sidewalk
shall not be required behind the bus turnout at this time. That sidewalk shall
be provided later with development of that property (Garrigan).
P. Establish a maintenance agreement to insure future maintenance of the on-site
private roads.
Q. The applicant shall be required to construct the following improvements across
the adjacent Hansen property Camino Tassajara frontage:
Construct road improvements along Camino Tassajara between this proposed
subdivision and the existing Subdivision 7040 improvements to the east. The
road improvements shall provide for curb and gutter on the north side of
Camino Tassajara, two westbound travel lanes, and one 16-foot wide
eastbound and westbound travel lane transitioning to the adjoining eastbound
lane at Subdivision 7040; relocation of existing facilities as necessary; and
adequate signing, striping and traffic control. The applicant shall be responsible
for providing adequate improvement plans subject to the Public Works
Department, Engineering Services Division, review.
R. An exception is permitted to allow the public road portion of Mrack Road to be
constructed with a walkway along only one side of the roadway.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Crow Canyon Road Ext. Area of Benefit as
adopted by the Board of Supervisors.
B. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 101-A as adopted by the Board of Supervisors.
RD/aa
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9/13/91
9/19/91-SR(a)
10/29/91
11/12/91
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2/18/93
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APPEAL
FINAL DEVELOPMENT PLAN 3002-93
OFFENHARTZ & FROST (Applicants) MRACK ROAD PROPERTY OWNERS
REQUEST: TO AMEND THE CAMINO TASSAJARA FRONTAGE IMPROVEMENT
FOR THE APPROVED OAK GATE PROJECT.
PROPERTY 'CONSISTS OF SEVEN PARCELS FRONTING ON MRACK ROAD,
IMMEDIATELY NORTH OF CAMINO TASSAJARA, IN THE
DANVILLEjT' ASSAJARA AREA.
THE PROPERTY IS ZONED P-1.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
TO:. BOARD OF SUPERVISORS
Contra
Q Costa
FROM: HARVEY E. BRAGDONCou fty
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: March 22, 1993
SUBJECT: Appeal by Robert and Alice Garrigan of the San Ramon Valley Regional
Planning Commission Approval of Final Development Plan #3002-93 -
Amending Previous Approval of the Oak Gate Project (Offenhartz & Frost
- Applicants; Mrack Road Property Owners - Owners) in the
Danville/Tassajara area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Sustain the Project Approval of the Planning commission and Deny
the Appeal of the Neighboring Property Owners, Robert and Alice
Garrigan. Delete reference to Caltrans design standards in
Condition of Approval 119.G.
FISCAL IMPACT
None.
BACKGROUND REASONS FOR RECOMMENDATIONS
On November 19, 1991, the Board of Supervisors approved the Oak
Gate project (File #2938-RZ, FDP 3041-90 and SUB 7621) . The
approved project provided for the resubdivision of 7 parcels (under
separate ownership) consisting of 17.3 acres into 43 lots. The
project is located on the north side of Camino Tassajara on either
side of Mrack Road. The approval provided for road and landscape
improvements along the frontage of Camino Tassajara Road, and for
upgrade of existing road improvements for Mrack Road.
Subsequent to the Board approval of the project, the applicants
have been endeavoring to satisfy the conditions of approval
including formation of an assessment district to finance the
required upgrade for Mrack Road.
Recently, the applicant filed an application with the County to
amend the prior project approval granted by the Board. The
CONTINUED ON ATTACHMENT: X YES �STGNAVUR
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD CO"
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER :
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN:— MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Bob Drake (646-2091) ATTESTED
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Offenhartz & Associates THE BOARD OF SUPERVISORS
Robert & Alice Garrigan AND COUNTY ADMINISTRATOR
Town of Danville
BY DEPUTY
PW:3002-93.bor
RD
new application is requesting modifications to:
• replace the requirement to install a raised median island in Camino
Tassajara with a painted median island;
• eliminate the-- requirement for site ingress/egress
acceleration/deceleration lanes;
• eliminate the sidewalk improvement requirement for a portion of
Camino Tassajara frontage (off-site) ; and
• modify the decorativemasonry wall specifications for a required
Camino Tassajara frontage wall.
The project modification request was heard by the San Ramon Valley
Regional Planning Commission on February 17, 1993. After taking
testimony, the Commission approved most of the changes requested by the
applicant. No change to the requirement for provision of
acceleration/deceleration lanes was made at the staff recommendation.
Appeal Filed by Neighbors
On February 26, 1993, a letter of appeal (dated 2/17/93) of the
Commission approval was filed with the Community Development Department
by the owners of an adjoining property, Robert and Alice Garrigan. The
letter expressed concerns about how the proposed changes might impact
their property.
The Garrigans own property abutting the west side of the Oak Gate
project and fronting on the north side of Camino Ta'ssajara. It should
be noted that the Garrigans have received approval to subdivide their
property at.the same time as the Oak Gate project was approved in 1991.
Unlike the Oak Gate project, the Garrigan project involves a single
existing parcel.
Discussion
The letter of appeal is a copy of the letter presented to the Commission
at the time of the commission hearing. The Garrigans have requested
information about the effect of the proposed changes on the Assessment
District which has been proposed for the Oak Gate project. Staff has
advised the Garrigans that the modifications would probably result in a
slight decrease in the Assessment District costs. Staff has also
referred the Garrigans to the responsible Public Works Department staff
person for questions regarding specific ramifications relative to the
proposed Assessment District. The Garrigans would be responsible for
constructing the sidewalk improvements adjacent to the bus turnout for
their project if and when they develop their project.
The appeal letter contains no new information or issues that were not
presented to the Planning commission. Therefore, staff sees no basis to
grant the Garrigans' appeal. ---
Acceleration/Deceleration Lane Design
In a memo dated March 8, 1993 the Public Works Department has indicated
that they would prefer to see Condition 119.G. be modified. The
Department would like to see the reference to Caltrans design standards
be omitted relative to required acceleration/deceleration lanes.
BEFORE THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION
BOARD OF APPEALS
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Final Development Plan #3002-93
Offenhartz and Associates (Applicant)
Mrack Road Property Owners (Owners)
Robert & Alice Garrigan (Appellants) ,
Danville/Tassajara Area
WHEREAS', on November 19, 1991, the Board of Supervisors
approved the Oak Gate project (File #2938-RZ, FDP 3041-90, and SUB
7621) in the Danville/Tassajara area; and
WHEREAS, on January 29, 1993, a request was received by
Offenhartz and Associates (Applicant) , Mrack Road Property Owners
(Owners) (FDP 3002-93) to amend the Oak Gate Final Development Plan
relative to required frontage improvements along Camino Tassajara;
and
WHEREAS, for purposes of compliance with the provisions of the
California Environmental Quality Act, staff determined that the
requested modifications were Categorically Exempt (Class 4; Minor
Alteration of Land) ; and
WHEREAS, after notice thereof having been lawfully given, a
public hearing was held by the San Ramon Valley Regional Planning
Commission on February 17, 1993 whereat all persons interested
therein might appear and be heard; and
WHEREAS, the San Ramon Valley Regional Planning Commission
having fully considered all evidence and testimony submitted on
this matter.
NOW THEREFORE BE IT RESOLVED that the .-San Ramon Valley
Regional Planning Commission APPROVES Final Development Plan 3002-
93.
The foregoing order was given by the San Ramon Valley Regional
Planning Commission on Wednesday, February 17, 1993, in a regular
meeting by the following vote:
AYES: Commissioners - Moore, Naidorf, Kaye, Auch,
and Cameron.
NOES: Commissioners - Jones.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - Matsunaga.
PAGE TWO
BE IT FURTHER RESOLVED that on Friday,
day, Febru,ary..-2.6, 19.93,.
Robert and Alice Garr l*g-an'* appealed the San Ramon Valley Regional
Planning Commission's decision to your Board for public hearing and
determination.
FRANK G. CAMERON
Chair of the San Ramon Valley
Regional Planning Commission, County
of Contra Costa, State of California
ATTEST:
Secretary of the San Ram n Valley
t
�y
Regional Planning Commis n, County
�'.Co
of Contra Costa, State of California
BD/df
3002-93.RES
JeJusa Trust Rup & Veenu Chand Hee B. & Sim Kimm
200 Walnut Creek Court 212 Walnut Creek Court 3527 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Bodh & Chitra Kunwal - James & Christine Lewis Lynn V-*- &-Jeanette Jordan
3539 Shadow Creek Drive 3551 Shadow Creek Drive 3563 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Dana R. Wellington Mohammad Karimi Mankamna & Asha Singh
3575 Shadow Creek Drive 3488 Shadow Creek Drive 3495 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
James P. & Hyon Ward Usman A. & Rabia Syed
3500 Shadow Creek Drive 3511 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506
Richard & Linda Wilson Madan & Janak Malhotra Michael W & Janice Kanceljak
3519 Shadow Creek Drive 3583 Shadow Creek Drive 305 Sun Stream Court
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Ernesto & Denise Ocana Carl R. & Cora Pagtakhan Antonio & Jacqueline Cruz
3503 Shadow Creek Drive 313 Sun Stream Court 301 Sun Stream Court
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Enrique J. & Margarita Zamora Todd & Linda Oieson Victor Hansen
3579 Shadow Creek Drive 4005 Camino Tassajara 4177 Camino Tassajara
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Stephen G. & Patricia Parsell Felix Tsui Robert & Gloria Purdy
4103 Creek Point Court 4108 Creek Point Court 4116 Creek Point Court
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Dame Construction Co. Peter & Barbara Pelletier William & Karen Sloan
P. O. Box 1007 7290 Tulipwood Circle4147 Creekpoint Court
San Ramon, CA 94583 Pleasanton, CA 94588 Danville, CA 94506
Sudershan & Nibha Kohli Cheng-Ling Lin Robert & Christa Broom
4140 Creekpoint Court 4135 Creekpoint Court 3480 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
'
. ' .
Zehid Gendezi Ronald 8^ Carol Roach Russell Valenti
.
3483 Shadow Creek Drive 3483 Shadow Creek Drive 125 Shadow Creek Court
Danville, CA 94508 . Danville, CA 84506 Danville, CA 94508
. '
K8ammohHaq �— ''' —� �Tom Gentry Co-. -- � '- -Chjng &' Yea Kuo
4156Creekpoint Court PO. Box 789 109 Shadow Creek Court
Danville, CA 94506 Alamo, CA 94507 Danville, CA 94506
JT & PC]oh James & UsbethCarte/ Susan Rainwater
124 Shadow Creek Court 133 Shadow Creek Court 4124CnoakpointCourt
Danville, CA 94506 Danville, CA 94506 Danville, CA 94508
S &' VMartinez A & KChatte 'ae D & SSnypes
4132CnaakpointCourt 4139 Creekpoimt Court 4144Craekpoint Court
Danville, CA 94508 Danville, CA 94506 Danville, CA 94508
Jeff Cary Saeid 8' Karen Ghahoauorant A. R. Hansen
4151 Cnyakpoint Court 3476 Shadow Creek Drive 4177 Camino Toas ' ra
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
VViUiann & Vicki GN Thomas J. Konino William & Betty Burgess
4100 Craekooint Court 4107 Creekpoint Court 4112 Creekpoint Court
Danville, CA 94506 DonviUe, CA 94506 Danville, CA 94506
Cad /& Joyce Blackshear CCC Flood &/ Water John & K4aho Gomes
P' C)' Box lB83 255 Glacier Drive 1[)8Shadow Creek Court
Danville, CA 94528 Martinez, CA 84553 [)onvU|e' CA 94506
Scott & KeUi \A/alchaok H 8' H Hi|dgrbnynd K4 8, K C}pido
117 Shadow Creek Court 132 Shadow Creek Court 4120 Cnyekpoint Court
Danville, CA 94506 Danville, CA 94506 Danville, CA 945(]6
Solomon & Zonmira Laigo George & Gnycy Pavano John 8& Linda NUkkohsen
4131 Craokpmint Court 4136 Creekpoint Court 4143 Creehpoint Court
Danville, CA 94506 [)emvi|1m' CA 84506 Danville, CA 94526
Mario Aguirre Carold & Carolyn Stevens Victor & Bva Hansen
148 Creakpoint Court P. O. Box 275 4171 Camino Tassajara
Danville, CA 94528 Danville, CA 94502 OonviUo' CA 94508
'
.
Steve Hansen Sanford &/ Jane Parish Joel d' Debra Kaminsky
41'85 Camino Tassajara 41O4CraekpointCourt 4111 CmugkpoirtCouML
Danville, CA 84508 Danville, CA 94506 Danville, CA 84506
Sid Corrie Kuo L 8, Elaine Yang Joe| T & Hoa Nguyen
7950 Dublin Boulevard 228Walnut Creek Court 4128 Creekpoint Court
Dublin, CA 94588 Danville, CA 94506 Danville, CA 84506
-
Robert Freed Dan;han 8k Paru| Shah Michael A. Chavez
224Walnut Creek Court 218Walnut Creek Court 2O4Walnut Creek Court
Danville, CA 94508 Danville, CA 94506 Danville, CA 94508
_
Madan L. & Chandra Arora Chanha| & AnmritSingh Edgard & Fe|ioisirnamCadiz -
3498 Shadow Creek Drive 3491 Shadow Creek Drive 27989 E| Portal Drive
Danville, CA 84508 Danville, CA 94506 Hayward, CA 94542
Samuel B. & Beatrice Bell Charles Simnoncini Clifford Herbatman
3555 Shadow Creek Drive 3587 Shadow Creek Drive 35158ghdmvv Creek Drive
Danville, CA 84506 Danville, CA 94506 Danville, CA 94508
Kenneth Farris K8inhea| L. Hrast Jack Martin
3523 Shadow Creek Drive 3531 Shadow Creek Drive 3543 Shadow Creek Drive
Danville, CA 94506 Danville, CA 94506 Danville, CA 94506
Joakeran & Shorin Nagra Randall H. &' Alice Tarnbarg Larry R. & Sall Grampointner
P. O' Box 2251 208 Walnut Creek Court 220 Walnut Creek Court
Danville, CA 94528 Danville, CA 94506 Danville, CA 94506
Frank & Lucille Ginmm Brian S. & Diane Carter Oaepak & ShenyKorn|oni
3524Shadow Creek Drive 3535Shadow Creek Drive 3547 Shadow Creek Drive
Danville, CA 94508 Danville, CA 94506 Danville, CA 94508
Turon'VV|evvski, Anna M. TRE Dieter L & Kathryn Goodwin Harry & Elaine Lau
3559 Shadow Creek [Jhva ' 3571 Sand0vv Creek Drive P. O. Bon 2828
Danville, CA 84506 OonviUe, CA 84506 Danville, CA 94526
-
Paul & Cheryl McGehee Kam-Yin & Cynthia Lau Brian & Edith Odell
3492 Shadow Creek Drive 3499 Sohdo«v Creek Drive 3507 Shadow Creek Drive
Danville, CA 94506 Danville, C^4 94506 Danville, CA 94506
Frank E. & Sharon Pettinger Sid J. Corrie Kelvin A. & Cathy Heard
3518 Shadow Creek Drive 7950 Dublin Boulevard 309 Sun Stream Court
Danville, CA 94506 Dublin, CA 94568 Danville, CA 94506
Robert & Alice Garrigan Supervisor Tom Powers— Supervisor"To'mr'T-o'ri--a-kson
4001 Camino Tassajara 100 37th Street 300 Leland Road
Danville, CA 94506 Richmond, CA 94805 Pittsburg, CA 94565
Supervisor Sunne Wright McPeak Supervisor Jeff Smith C. M. Stevens
2301 Stanwell Drive 651 Pine Street, Room 108 4003 Camino Tassajara
Concord, CA 94520 Martinez, CA 94553 Danville, CA 94506
CONDITIONS OF APPROVALFORFINAL DEVELOPMENT PLAN #3041-90 AND VESTING
TENTATIVE MAP 7621 FOR THE OAK GATE PROJECT (Frost/Offenhartz - Aimlicants) PER
BOARD OF SUPERVISORSAPPROVALAS AMENDED BY THE SAN RAMON VALLEY
REGIONAL PLANNING COMMISSION ON FEBRUARY 1-7-1-993
The Conditions of Approval which are denoted with an asterisk (*) call for the submittal of
documents for opportunity for review by the Town of Danville prior to administrative review
and approval by the County Zoning Administrator occurring.
The following text has been marked to reflect revised conditions as
amended by the San Ramon Valley Regional Planning Commission to the
project approval by the Board (text additions are identified by
redline; text deletions are identified by strikeout) .
General
1. Development and use shall be substantially as shown on the
following submitted exhibits, except as modified by the
conditions below subject to final review and approval of the
County Zoning Administrator.
A. Revised Preliminary Development Plan, Final Development
Plan and Vesting Tentative Map dated August 20, 1991.
B. Garrigan/Mrack Road Property Owners Entry Road (attached
to August 16, 1991 letter from Doug Offenhartz of Oak
Park Realty) .
C. July 7, 1991 and July 12, 1991 letters from Dudly Frost
Associates regarding the project approach.
D. "Oak Gate Site Development and Architectural Guidelines",
July, 1991.
E. "Preliminary Geotechnical Reconnaissance Report", Engeo,
Inc. - November 20, 1990.
F. Streetscape Development Plan (revised September 19,
1991) .
2. This approval is for a single family residential project
providing for a maximum. of 43 dwellings. This approval is
contingent on final approval of Rezoning/Preliminary
Development Plan File #2938-RZ.
3 . The project shall develop in two phases as is described on the
VestingtentativeMap. Proposed lot line adjustments and
abandonment of Mrack Road shall be consummated prior to or
concurrent with the recording of the first final map. Prior
to filing a Final Map, the applicant shall submit a site plan
identifying all structures on the property and whether they
are proposed to remain or be removed. The Zoning
Administrator may require the removal of any structure or
other solution mutually acceptable to the Zoning Administrator_
andapplicant prior-to recording the map.
4. At least 30 days prior to filing a final map, a revised final
— development plan shall be submitted for the review and
approval of the Zoning Administrator. The revised plans shall
provide for:
A. A revised entrance design in accord with the design
attached to the August 16, 1991 letter from Oak Creek
Realty.
B. An internal landscape/irrigation plan for the Oak Gate
project prepared by a licensed landscape architect. The
plan shall address public right-of-way area. The plan
shall be certified for compliance with the Water
Conservation Ordinance (90-59) . A long-term maintenance
program shall be provided.
C. *A landscape/irrigation plan for the area between face of
curb and the proposed soundwall along the Camino
Tassajara frontage.
1) The plan shall provide for a decorative, split-face
masonry soundwall to match the appearance of the
wall of the Shadow Creek project to the east as
shown on plans submitted by the applicant on
November 9, 1992. The wall shall extend from
Hansen Lane to the project entrance. The design of
the wall shall be based on the recommendations of
an acoustic study prepared by an acoustical
engineer on projected traffic volumes. Wrap
treatment of the wall at road intersections shall
be subject to Zoning Administrator review and
approval.
2) Prior to submittal to the County and Danville, the
applicant shall make a diligent effort to
coordinate landscape plans with the developer of
Subdivision 7613 (Carrigan) . Bushes shall be a
minimum of 5 gallon size; trees shall be a minimum
of 15 gallon except that at least two trees shall
.. be a minimum 24-inch box. The landscape plans
shall be in accord with the Water Conservation
Ordinance.
.3.), Project entrance -identification -signs shall be
included with the submittal.
-2-
4) A hardscape plan for the project entrance shall be
submitted. Prior to submittal to the County or the
Town of Danville, the
he applicant shall diligently
attempt to coordinate the project entrance design
with the developer of Subdivision 7613 (Garrigan) .
5) A long-term program for maintenance of landscape
improvements. A landscape maintenance easement
shall be established along the "Camino Tassajara
frontage - between the wall and , right-of-way
boundary. The area shall be maintained by
Landscaping District AD 1979-3 (LL-2) .
6) A fencing program for the perimeter of the Oak Gate
project addressing the three sides of the project
other than the Camino Tassajara frontage treatment.
7) Prior to submittal to the County, the proposed
landscape plans shall be submitted to the Town of
Danville for opportunity to comment.
D. The applicant shall diligently attempt to resolve design
of the circular turnaround at the end of Mrack Road in a
manner that allows use of a portion of the Tomek property
as designed.
If the Tomeks are unwilling to convey a portion of their
property for the circular turnaround, then the turnaround
and adjoining parcels shall be reconfigured to satisfy
turnaround standards without encroachment on the Tomek"s
property.
Transportation Systems Management
5. A Transportation Systems Management (TSM) program, in
compliance with County policies shall be submitted for the
review and approval of the County Zoning Administrator at
least 30 days prior to filing a final map. An on-going
program shall be established to notify residents of transit
opportunities in the area, and encourage and facilitate car-
pooling. The applicant should contact the TSM coordinator
(646-1550) in the Community Development Department office for
direction.
Residential Design Guidelines
6. Design shall generally be in accord with the Development and
Architectural Guidelines. Prior to issuance of building
permits, the Master Developer or . Design Review Committee
-3-
whichever has jurisdiction, shall be provided an opportunity
to review and comment on residential construction plans.
7. Residential development shall be guided by the Single Family
Residential, R-12-dis-trict except as follows:
A. Lot area and dimensions shall be in substantial
conformance with the lots- shown on this map.
B. Yards shall be as follows:
1) Side: 25 feet minimum aggregate for both side
yards with 10 feet minimum for any one sideyard,
except lots with non-parallel side lines where the
minimum aggregate shall be 20 feet.
2) Rear: 20 feet minimum, except the minimum may be
reduced to 15 feet for any lot with an average
depth of 100 feet or less.
3) Front: 20 feet minimum, except when a side-
entrance garage is used, the garage portion of the
structure may be built with a front yard of 15 feet
minimum. A side entrance garage is a garage in
which the plane of the vehicular opening is angled
more than 75 degrees from a line connecting the
front corners of the side lot lines.
C. Building height shall be limited to standards outlined in
site development and architectural guidelines adopted as
part of recorded declaration of covenants,, conditions and
restrictions for the subdivision. Residential structures
constructed on Lots 29 and 32 of this subdivision shall
be limited to one story. Residential structures on Lots
35 - 41 shall be designed with particular care regarding
roof elements to reduce visual impacts, and to improve
and soften the streetscape as viewed from Camino
Tassajara. Roof pitches shall generally slope away from
Camino Tassajara in a single story roof profile not
exceeding 28 feet in height, except that chimneys may be
constructed as high as 35 feet. Rear building elevations
shall be stepped away from Camino Tassajara so that no
full two story facades occur at the rear yard setback
line. All windows, chimneys and siding details shall be
consistent with front elevations. All corner lots shall
have the single story roof profile adjacent to side
street frontages. Accessory and/or patio structures in
the rearyards of Lots 35 41 shall be limited to 10 feet
in height.
8. Each residence shall provide for a minimum 2-car garage with
-4-
an automatic sectional door.
9. At least 30 days prior to filing a final map, an acoustic
report shall be prepared by an acoustical engineer making
findings and recommendations for the design of the residences
and Camino Tassajara soundwall. The report shall be based on
projected traffic levels. The report recommendations shall be
incorporated into a revised set of architectural guidelines.
10. At least 30 days prior to filing a final map, a revised set of
Development and Architectural Guidelines incorporating the
above residential design restrictions shall be submitted for
the review and approval of the Zoning Administrator.
Covenants, Conditions and Restrictions
11. A copy of the Covenants, Conditions and Restrictions shall be
submitted to the Community Development Department. The
document shall provide for the approved revised architectural
guidelines described above.
12. A private road maintenance agreement shall be provided for
each private road. A copy of each agreement shall be
submitted to the Community Development Department with the
filing of each final map.
Child Care
13. At least 30 days prior to filing a final map, the applicant
shall comply with the demand study and response program
provided in the Child Care Ordinance requirements. The study
and response program shall be reviewed and approved by the
Zoning Administrator. The applicant may be required to
contribute to improvements to a Child Care Program in the
vicinity of the Oak Gate project. The applicant should
contact the County Child Care Coordinator of the Community
Development Department at 646-2035 to obtain direction on the
submittal requirements.
Construction Noise, Dust and Litter
14. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of the
property within 300 feet of the exterior boundary of the-
project site and to the Shadow Creek and Bettencourt Ranch
Residents' Association that construction work will commence.
The .notice. shall-,include- a._list of-contact persons with name,
title, phone number and area of responsibility. The person
-5-
responsible for maintaining the list shall be included. The
list shall be kept current at all times and shall consist of
,persons with authority to initiate corrective actin in their
area of responsibility. The names of individuals- responsible- .
for noise, dust, rand - litter -control shall be expressly
identified in the notice. The notice shall be re-issued with
each phase of major construction activity.
A copy of the, notice shall be concurrently transmitted to the
Community Development - Department. The notice shall be
accompanied by a list of the names and addresses of the
property owners noticed, and a map identifying the area
noticed.
15. A dust and litter control program shall be submitted for the
review and approval of the Zoning Administrator following
review by the Building Inspection Department. Dust shall be
kept do.wn by watering, which shall be accomplished by a
watering truck on site or from hydrants on site. Any
violation of the approved program or applicable ordinances
shall require an immediate work stoppage. Construction work
shall not be allowed to resume until, if necessary, an
appropriate construction bond has been posted.
16. Should archaeological materials be uncovered during grading,
trenching or other on-site excavation(s) , earthwork within 30
yards of these materials shall be stopped until a professional
archaeologist who is certified by the Society for California
Archaeology (SCA) and/or the Society of Professional
Archaeologists (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate
mitigation(s) , if deemed necessary.
Special Infrastructure Fees
17. The applicant shall contribute $2,880 per lot in park land
dedication fees. Collected fees should be made available for
public improvements to the proposed child care facility
adjacent to the Senior Life Care Center approximately one-half
mile to the west for a period of five years from the effective
date of this permit. After expiration of this period, any
remaining funds should be allocated to the Diablo Vista park
in the Town of Danville.
18. The applicant shall contribute $5,377 per unit to the County
Road Improvement Fee Trust Fund-- (Fund Number 819200-0800) .
The
19200-0800) .-
The applicant's obligation to the Crow Canyon Road Extension
Area of Benefit and any offsite road improvements across the
Hanspn-property ..frontage., including.-right,of-way costs, shall
be creditedtowardthis obligation. The remaining fundsshall
-6-
be split in accordance with the proportions outlined in the
Camino Tassajara JEPA as if this property were included int
the JEPA. Estimates for the creditable work shall be subject
to the review of the Public Works Department, Road Engineering
Division, and the review and approval of the Zoning
Administrator.
Road, and Drainage and Utility Requirements
19. The following requirements pertaining to drainage, road, and
utility improvements will require the review and approval of
the Public Works Department:
A. In accordance with Section 92-2.006 of the County
Ordinance Code, this subdivision shall conform to the
provisions of the County Subdivision Ordinance (Title 9) .
Any exceptions therefrom must be specifically listed in
this conditional approval statement. Conformance with
the Ordinance includes the following requirements:
1) Constructing road improvements along the frontage
of Camino Tassajara.
Constructing curb, six-foot meandering sidewalk,
necessary longitudinal and transverse drainage,
necessary pavement widening and a half-width median
island (including surface treatment) along the
frontage, er a full median island fer half the
Gate e.. will satisfy this requirement.
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2) Installing street lights and annexing the property
to County Service Area L-100 for maintenance of the
street lights. The final number and location of
the lights shall be determined by the County
Traffic Engineer.
3) Constructing a paved concentric or offset cul-de-
sac at the end of the proposed public road and
paved turnaround at the end of the proposed private
road.
-7-
4) Undergrounding of all utility distribution
facilities, including distribution
facilities connecting to any existing facilities
along the Camino Tassaj4ra frontage,
5) Conveying all storm waters entering or originating
within a subject property, without diversion and
within an adequate storm drainage facility, to a
natural watercourse having definable bed and banks
or to an existing adequate public storm drainage
facility which conveys the storm waters to a
natural watercourse.
6) Designing and constructing storm drainage
facilities required by the ordinance in compliance
with specifications outlined in Division 914 of the
Ordinance and in compliance with design standards
of the Public Works Department. The Ordinance
prohibits the discharging of concentrated storm
waters into roadside ditches.
7) Installing, within a dedicated drainage easement,
any portion of the drainage system which conveys
run-off from public streets.
8) 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 Public Works
Department, Road Engineering Division.
9)- Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
10) An exception to -the sidewalk requirement for the
section of Mrack Road northerly of Lots 34 and 38,
except that a walkway on one side of the street
only shall be required.
B. Convey to the County, by Offer of Dedication, additional
right of way on Camino Tassajara as required for the
planned future width of 128 feet.
C. Provide for adequatecorner sight distance 'at the Camin6
Tassajara/"A" Drive intersection using a design speed of
55 miles per hour in accordance with CALTRANS standards.
D. Align Mrack Road as shown on the Tentative Map to line up
-8-
with the access to Garrigan Court at "All Drive
(Subdivision 7613) , subject to the review and approval of
the Public Works Department.
E. Relinquish iibutte-'ris rights of access along Camino
Tassajara, including rights to access the property via
Mrack Road.
F. Construct Mrack Road and "All Drive to County public road
standards and convey to the County by Offer of
Dedication, the corresponding right of way. Satisfaction
of this requirement includes construction of curb, four-
foot six-inch sidewalk (width measured from curb face) ,
and necessary longitudinal and transverse drainage along
the entire "All Drive frontage. Between Garrigan
Court/Mrack Road and Camino Tassajara-, the northbound
side of "All Drive shall be approximately 22 feet wide
(width measured from curb to curb) and the southbound
side of "All Drive shall be approximately 22 feet wide.
The actual lane widths shall be subject to the review of
the Public Works Department, Road Engineering Division,
.and the review and approval of the Zoning Administrator.
The total combined northbound and southbound paved width
from curb-to-curb shall be 44-feet. North of Garrigan
Court/Mrack Road, the roadway shall transition to a 34-
foot width within a 54-foot right of way width. , The
Garrigan Court/Mrack Road/"All Drive intersection and the
transition shall be subject to the review and approval of
the Public Works Department, Road Engineering Division.
G. Install road improvements at the Camino Tassajara/11A11
Drive intersections:
1) Install left-turn channelization from Camino
Tassajara to northbound "All Drive, -and from
southbound "All Drive to eastbound Camino Tassajara.
2) Install right-turn lanes on Camino Tassajara for
site ingress and egress at "All Drive using CALTRANS
design for deceleration and acceleration lanes with
a 55 mph design speed.
3) Construct a traffic signal or contribute $380 per
new residence to the cost of traffic signalization
to be installed when traffic warrants are met.
The adjacent subdivision to the- west of this, property "' '
(Garrigan Property/subdivision 7613) has also been
conditioned to construct the above intersection
improvements.
-9-
H. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across
the sidewalks and driveways.
I. Install safety improvements on Camino Tassajara and "All
Street (including traffic signs, striping, pavement
widening and channelization as approved by the Public
Works Department.
J. Submit a sketch plan to the Public Works Department, Road
Engineering Division, for review showing all public road
improvements prior to starting work on the improvement
plans. The sketch alignment plan shall be to scale and
show proposed and future curb lines, lane striping
details and lighting. The sketch alignment plan shall
also include sufficient information to show that adequate
sight distance has been provided.
K. 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.
L. Submit an acoustical analysis based on ultimate widening
of Camino Tassajara and ultimate development of the area
prepared by a qualified expert and mitigate impacts
subject to the review and approval of the Zoning
,Administrator.
M. Provide for adequate off-street parking on the proposed
private roads, subject to the review and approval of the
Zoning Administrator.
N. Apply to the Public Works Department for annexation to
the County Landscaping District AD 1979-3 (LL-2) for the
future maintenance of landscaping and irrigation
facilities in median islands, parkways and other areas
_ ("open space" is specifically excluded) .
O. Construct a bus turnout on Camino Tassajara subject to
the review and approval of the Transit District and the
Public Works Department.
sid
P. Establish a maintenance agreement to insure future
maintenance of the on-site private roads.
Q. The applicant shall be required to construct the
-10-
following improvements across the adjacent Hansen
property Camino Tassajara frontage:
Construct road improvements along Camino Tassajara
between this proposed subdivision and the existing
Subdivision 7040 improvements to the east. The road
improvements shall provide for curb and gutter on the
north side of Camino Tassajara, two westbound travel
lanes, and one 16-foot wide eastbound and westbound
.travel lane transitioning to the adjoining eastbound lane
at Subdivision 7040; relocation of existing facilities as
necessary; and adequate signing, striping and traffic
control. The applicant shall be responsible for
providing adequate improvement plans subject to the
Public Works Department, Engineering services Division,
review.
R. An exception is permitted to allow the public road
portion of Mrack Road to be constructed with a walkway
along only one side of the roadway.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Crow Canyon Road Ext. Area of Benefit as
adopted by the Board of Supervisors.
B. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 101-A as adopted by the Board of Supervisors.
RD/aa
_ RZXIV/7621 C.Rd
9/13/91
9/19/91-SR(a)
10/29/91
11/12/91
2/10/93
-12-
'
�
Agenda Item # �
Community Development Contra Costa County
SAN RAyNON %ALLEY REGIONAL PLANNING CON1N1|SS|C}N
i INTRODUCTION
DOUG OFFENHARTZ (Agplicant) - MRACK ROAD PROPERTY OWNERS (Owners),
County File #3002-93: A request to amend the Camino Tassajara frontage improve-
ment for the approved Oak Gate project consisting of Final Development Plan #3041-
9C) and Vesting Tentative Map 7G21 . The subject property consists Vfseven parcels
fronting on Mraok Road' immediately north of Camino Tassajara in the DanVRe/-
Tomg 'araanaa. (P-1) (ZA:Vc1S) (CT 3551 .03) (Parcel Nos. 22f]-08O'014, -D18, ~O17,
-025' -027'-O28, & '029)
||' SUYVNJ�ATY
The applicant isseeking modifications to the frontage requirements tVreduce project
costs and ensure project feasibility. Staff has reviewed the modifications and
determined they are reasonable.
Ui BECOMMENDATION
Approval subject 1mthe revised conditions identified in the marked text.
|\/. BACKGROUND
The County reviewed and approved the Oak Gate project in 1-991 . The project
provides for o phased development of 17 acres into 43 residential lots. The project
involves the coordination ofseveral different properties. The conditions of approval
anaattached.
V.
REQUESTED MODIFICATIONS
' A key factor for this project is the establishment of an assessment district to finance
—
the project's infrastructure improvements. The formation of the District has proved
tubemore costly than the applicant had anticipated. Consequently, the applicant has
sought modifications to the improvement requirements along Camino Tmsm 'ora as
discussed in a letter dated December 22, 1992. The modifications pertain to (1)
alteration of the median island requirement; (2)deletion of the acceleration/deceleration
lanes; and (3) modification of the sidewalk requirement.
Staff has reviewed the requemtodmnodifioadons-and QenmnaU' find them acceptable.
Recommended text modifications one shown as marked text in the conditions of
approval.
2
VI. CEQA STATUS
Categorically Exempt - Minor Alteration of Land (Class 4).
RD/aa
DPXIII/3002-93.RD
2/4/93
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PAGE 1
ROBERT AND ALICE GARRIGAN
4001 CAMINO TASSAJARA
DANVILLE, CA. 94506
510-736-8007
-FEBRUARY 1711993
SAN RAMON VALLEY REGIONAL PLANNING COMMISSION -
Cj0 BQB DRAKE, CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET
MARTINEZ, CA. 94553:
DEAR -MR. DRAKE,
ROBERT AND ALICE. GARRIGAN AT .4001 CAMINO TASSAJARA, DANVILLE, .PROPERTY
IMMEDIATELY ADJACENT TO OAK GATE PROJECT.
TH& COUNTT HAS EFFEGTIVELY BEEN TREATING GARRIGAN AND OAK GATE PROPERTIES
(FROM THE TIME OF. THE MRACK ROAD GENERAL PLAN AMENDMENT) AS ONE "UNIT"
FOR. PURPOSES "OF LAND USE PLANNING.
-OAK GATE"AND GARRIGAN PROPERTIES ALSO ARE BOTH PART OF A PROPOSED
ASSESSMENT -DISTRICT (COUNTY-1-- ASSESSMENT DISTRICT NO. 1992-11 MRACK ROAD:
IMPROVEMENTS, CAMINO TASSAJARA AREA, CONTRA COSTA COUNTY) , WHICH WOULD,
AMONG OTHER THINGS FI'N'ANCE CAMINO TASSAJARA:FR0XTAGE,=IMPROffERENTS• IN
FRONT• OF• BOTH-PROPERTIES, ENTRYWAY IMPROVEMENTS OF CAMINO TASSAJARA
AND IMPROVEMENTS TO'MRACK..ROAD. THE DISTRICT AND PROPOSED DISTRICT
IMPROVEMENTS CRITICALLY—IMPACT GARRIGAN AND OAK GATE PROPERTIES.
S.GOPE• OF THE PROPOSED -AMENDMENTS TO FINAL DEVELOPMENT PLAN• # 3041-90-
AND VESTING TENTATIVE MAP` 7621 IS NOT CLEAR--
.,,. .NOTICE- OF HEARING SIMPLY
REFERS TO "REQUEST TO AMEND .THE CAMINO TASSAJARA FRONTAGE IMPROVEMENT
REQUIREMENT FOR THE-APPROVED OAK GATE PROJECT".
'WE- THE GARRIGANS -HAVE -NOT BEEN PROVIDED WITH ANY PLANS, SPECIFICATIONS
OR OTHER• I�MFORMATION .REGARDING .THE PRECzSE'NATURE OF THE PROPOSED, .
AMENDMENTS, AND WHAT-IMPACTS-3, IF ANY, SUCH AMENDMENTS..—MAY—HAVE OR -OUR
PROPERTY (TRAFFIC,•'ACQESS,iENVIRONMENTAL, PROPOSED IMPROVEMENTS TO OUR
PROPERTY, ETC:) OR ON THE ASSESSMENT ENLARGE OR REDUCE THE SCOPE OF
WORK UNDER.-THE DISTRICT; -DO THEY HAVE'ANY EFFECT ON THE CURRENTLY
PENDING..BID PROPOSALS"FdR THE DISTRICT WORK? ; DO THEY RESULT IN ANY
INCREASE/ DECREASE IN'THE'*AMOUNT OF THE PROPOSED ASSESSMENTS UNDER
THE DISTRICT?).
WE BELIEVE.THAT •ALL'OF.' THESE. ISSUES MUST BE FULLY ADDRESSED PRIOR TO
T,HE .COUNTY'S APPROVAL OF THE PROPOSED AMENDMENTS. UNTIL SUCH TIME AS
ADEQUATE RESPONSES -ARE- PROVIDED. WE THE GARRIGANS MUST OBJECT TO ANY OF
THE PROPOSED-AMENDMENTS.
ld3G i
PAGE
BOB DRAKE
FEB. 1721993
! WE REMAIN WILLING TO MEET WITH THE APPLICANT, OTHER AFFECTED.. PROPERTY -
� OWNERS AND THE COUNTY TO RESOLVE THESE ISSUES.
WE THE-�GARRIGANS-REQUES.111 THAT OUR LETTER. BE MADE PART OF THE
ADMINISTRATIVE RECORD IN THIS MATTER.
S EREL ,
ROBERT AND ALICE GARRIGAN
cc:CONTA COSTA CQUNTY`BOARD OF SUPERVISORS
CLERK OF THE BOARD OF SUPERVISORS -
HARVEY E. BRAGDON'
MICHAEL WALFORD
--SKIP EPPERLY
RICHARD NYSTROM
DOUG OFFENHARTZ
1613.LP do. 13 BG
68 : 1 WV 9Z O3 66
VISVISO) 4 .,r P,,,S)
O) -�a,�:41.J
PUBLIC WORKS DEPARTMENT ' t. `-; '� `TY
CONTRA COSTA COUNTY 93 19AR f i p,M 3: 28
� sf�rr«t T�R o
DATE: March 8,-100
TO: Bob Drake, Project Planner
FROM: Steven J. Wright, Associate Civil Engineer, Road Engineering
SUBJECT: Subdivision 7621, Response to the February 26, 1993 Appeal to the Board of
Supervisors
We have reviewed your February 18, 1993 modification of the Conditions of Approval for
Subdivision 7621 as approved by the San Ramon Valley Regional Planning Commission on
February 17, 1993. The February 18, 1993 modifications reflect the modifications.as we
interpreted them. We do not see the need for additional modification of the Conditions of,
Approval to meet the intent of the Commission. We feel that the Board of Supervisors
should be aware that the Public Works Department now recommends that the ingress and
egress at "A" Drive be designed as a right turn lane without using Caltrans design standards
for deceleration and acceleration lanes with a 55 mile per hour design speed.
We have spoken with Mrs. Garrigan regarding the changes which the applicant proposed
and Mrs. Garrigan attended the February 17, 1993 Commission hearing. The changes which
were made in the Public'Works related Conditions of Approval, basically eliminated the
requirement for sidewalk behind the bus turnout at this time. The construction of that bus
stop would be required with development of the Garrigan property in the future.
The Assessment District plans are available for review in the Public Works Department.
Mrs.Garrigan may want to contact Skip Epperly,(510) 313-2253,regarding those plans. Mr.
Epperly would also have a copy of the most recent cost estimate for construction of the
proposed improvements. The applicant should contact Skip Epperly regarding a discussion
of the financial impact of the proposed changes. The applicant's proposal to delete sidewalk
behind the future bus turnout would be a very minor decrease in cost.
SW:sjw
A:7621ZE.t10
CC: M. Avalon
M. Lysons
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (415) 646-2091 Contact Person: Bob Drake
Project Description, Common Name (if any) and Location:
DOUG OFFENHARTZ (Applicant) - MRACK ROAD PROPERTY OWNERS (Owners), County File #3002-93: A request
to amend the Camino Tassajara frontage improvement requirement for the approved Oak Gate project consisting of
Final Development Plan #3041-90 and Vesting Tentative Map 7621. The subject property consists of seven parcels
fronting on Mrack Road, immediately north of Camino Tassajara, in the Danville/Tassajara area. (P-1) (ZA: V-19) (CT
3551.03) (Parcel #220-080-014,-016,-017,-025,-027,-028,-029)
This project is exempt from CEOA as a:
Ministerial Project (Sec. 15268) Other Statutory Exemption, Section
Declared Emergency (Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3))
Emergency Project (Sec. 15269(b) or (0)
XX Categorical Exemption, Class 04 Section 15304
for the following reason(s):
The proposed modifications would reduce the level of frontage improvements which otherwise would have to be built.
Date• By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant's Name and Address Department of Fish and Game Fee - Exempt
County Clerk Fee $25 Due Receipt #
Doug Offenhartz
P.O. Box 887
Danville, CA 94526-0887