HomeMy WebLinkAboutMINUTES - 05021995 - H.7 BOARD OF SUPERVLSORS � E...........
FROM: .= HARVEY E. BRAGDON Contra
DIRECTOR OF COMMUNITY DEVELOPMENT n' Costa
DATE: May 2, 1995 � � ���, ��� '� County
COUPI'C'�
SUBJECT: Hearing on Rezoning Application #3012-RZ and Companion Development Plan
Application #3015-93 to Rezone Approximately 47.7 Acres from General
Agriculture (A-2) and Single Family Residential (R-40) to Planned Unit
District (P-1) for a 14 Unit Single Family Residential Subdivision.
The Subject ,Property is Located in the Alamo Area. (KLH-Bryan & Murphy
Applicant) (Arthur & Norma Anderson/Elizabeth Overholtzer (Owners)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. In accord with the recommendations of the San Ramon Valley
Regional Planning Commission:
A. Accept the Mitigated Negative Declaration -prepared for
this project as adequate and complete;
B. Approve rezoning application #3012-RZ as recommended by
the ,San Ramon Valley Regional Planning Commission;
C. Approve Final Development Plan application #3015-93 as
conditioned;
D. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set date for adoption of
same.
2. Adopt the Mitigated Monitoring Program for the project.
3 . Direct staff to file a Notice of Determination with the County
Clerk.
CONTINUED ON ATTACHMENT: % YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCOMMIT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Z . If 7 5 APPROVED AS RECOMMENDED OTHER J41
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_�4_ 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:Catherine Kutsuris - 646-2091
Orig: Community Development Department ATTESTED
cc: KLH-Bryan & Murphy (via CDD) PHIL BA HELOR, CLERK OF
Hasseltine/Best (via CDD) THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY
� , DEPUTY
2 .
FISCAL IMPACT
None.
REASONS/BACKGROUND FOR RECOMMENDATIONS
The applicant requests a rezoning to a Planned Unit District, the
approval of a Final Development Plan and a Vesting Tentative Map to
subdivide the 47.7 acre site into 14 residential lots.
The project site is characterized by steep hillsides with slopes in
excess of 26%. A "U"-shaped ridge, which is designated as a Scenic
Ridge in the County General Plan, climbs from approximately 590
feet at Lots 1 and 2-to a height of approximately 800 feet at Lot
11. The site includes a valley located at the south central
portion of the site at the terminus of Las Quebradas Lane. Miranda
Creek runs along the northern portion of the site.
The proposed project consists of lots ranging in size from 1. 14 to
6.42 acres with an average of 3.25 acres. Approximately 84% of the
site would be placed in a scenic easement.
The project, as conditioned, would involve minimal grading, would
preserve almost all of the trees on the site, and would ensure that
the home sites would be minimally visible from off-site. The
conditions restricting all structures to specified building
envelopes and building requirements tailored to each of the lots.
The project was heard by the San Ramon Valley Regional Planning
Commission at their February 15th and March 15, 1995 hearings.
Their review included a site visit to examine markers identifying
the edges of the proposed building envelopes. The Alamo
Improvement Association supported the project as conditioned, and
Save Mt. Diablo opposed the project. The Planning Commission
unanimously recommended that .the Board of Supervisors approve the
Final Development Plan and the Rezoning as recommended by staff
with the following changes:
■ Eliminate Lot #3 ;
■ Restrict all development to within the building envelopes
(e.g. , tennis courts, decks) ;
■ Limit any street lighting to low level lighting; and
■ Prohibit secondary living units.
An'annotated copy of the Conditions of Approval has been included
in the Board'.s packet.
CK/aa
B&R#2/3015-93 .CK
4/13/95
ADDENDUM TO ITEM NO. 11.7
MAY 2, 1995
The Chair convened the hearing on the recommendation of the San Ramon Valley Regional
Planning Commission on the request of KLH-Byron and Murphy(applicant)and Arthur and Norma
Anderson,Elizabeth Overholtzer(owners)for approval to rezone 47.7 acres of land from General
Agriculture(A-2)to Planned Unit District(P-1)(County File 43012-RZ);and the request for Final
Development Plan approval for a 14 unit single family residential subdivision(County File#3015-931
Alamo area.
Mitch Avalon of the Community Development Department pointed out a correction to Condition
of Approval No.28(g)on Page 14 to strike the last nine words in that condition—"and shall not be
consistent with standard lighting requirements."
The hearing was opened and the following persons spoke:
Linda Best,representing the owners,3182 Old Tunnel Road,Lafayette;
Rich Gorman,Byran&Murphy(applicants),5000 Executive Parkway, San Ramon;
Seth Adams,Save Mount Diablo,P.O.Box 44,Martinez;and
Jim Blickenstaff, Sierra Club, San Francisco Bay Chapter,2410 Talavera Drive, San Ramon.
All persons desiring to speak were heard. The Board discussed the issues relative to development
in the vicinity of a ridgeline and the preservation of the visual integrity of the ridgeline.
Supervisor Bishop recommended approval of said project consistent with the decision of the San
Ramon Valley Regional Planning Commission with the following exceptions: (1)retain Lot 3;(2)expand
the building envelope on Lot 1 but include additional landscape screening; (3)retain the building envelope
on Lot 2; (4)retain the flexibility of being able to expand the retaining wall on Lot 5;and(5)assign the
Zoning Administrator in consultation with the Alamo Improvement Association to review and approve the
landscaping plans in order to maximize screening and minimize visual impact of the buildings. Supervisor
Bishop further recommended that the condition inserted by the Planning Commission with respect to
secondary units not be a part of this approval.
Supervisor Smith recommended that in approving the findings of the San Ramon Valley Regional
Planning Commission that a statement be included with respect to the unique circumstances on this
property that justify the approval in light of all the findings and all of the information in the record.
THEREFORE,IT IS BY THE BOARD ORDERED that the recommendations of Supervisor
Bishop and Supervisor Smith are APPROVED. In approving the recommendations of the San Ramon
Regional Planning Commission,the Board:
A. ACCEPTED the Mitigated Negative Declaration prepared for this project as adequate and
complete;
B. APPROVED Rezoning Application 3012-RZ and Final Development Plan application
3015-93 with modified conditions in the Alamo area.
C. ADOPTED the findings of the Planning Commission as modified by the Board.
IT IS FURTHER ORDERED that Ordinance No.95-22 giving effect to the rezoning is
INTRODUCED,reading waived,and May 16, 1995,is SET as the date for adoption of same.
IT IS ALSO ORDERED that the Mitigation Monitoring Program for the project is adopted and
that staff is DIRECTED to file a Notice of Determination with the County Clerk.
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ADDENDUM TO THE FINDINGS OF THE SAN RAMON VALLEY REGIONAL PLANNING
COMMISSION (AS STATED IN RESOLUTION #13-1995) AS APPROVED BY THE
BOARD OF SUPERVISORS, MAY 2, 1995.
The unique circumstances applicable to the subject property due to
it's unique topography, location and surroundings; and given the
specific development applied to this property and the conditions
imposed justifies the approval in light of the entire record before
the Board of Supervisors. This approval does not imply the
adoption of a precedent with respect to development on hillsides
and scenic ridges generally.
FINDINGS AND CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3015-93,
REZONING 3012-RZ AND SUBDIVISION 7744 AS APPROVED BY THE COUNTY PLANNING
COMMISSION ON MARCH 15, 1995
P-1 District Findings
A. The applicant has indicated that they intend to commence construction within two and
one-half years of the effective date of final project approval. .
B. The 14-unit project, as conditioned, is consistent with the County General Plan. The
project site plan and architectural guidelines as amended by the proposed conditions
assure aesthetic protection of the hillside areas.
C. The project will constitute a residential environment of sustained desirability and
stability, and will be in harmony with the character of the nearby community. The
project which proposes lot sizes ranging from 1.14 to 6.42 acres and which would
designate approximately 84% of the site within a scenic easement will link the site
with both the adjacent higher density residential areas, the nearby horse ranches, and
the nearby park lands.
D. In accordance with the required findings of the planned unit district, the County finds
that the development of a harmonious integrated plan, like this project, justifies
exceptions from the normal application of the ordinance code, including variations in
parcel configurations and design to provide better conformity with the environmental
features of the site.
GENERAL CONDITIONS
1. Development shall be based upon the following documents received by the Community
Development Department except as modified by conditions herein:
A. Revised vesting tentative map dated February 6, 1995;
B. "Preliminary Geotechnical Reconnaissance". Engeo, Inc., November 4, 1991 .
C. "Preliminary Geotechnical Reconnaissance Update" Engeo, Inc., July 22, 1993.
D. Proposed design guidelines for SUB 7744, dated received by the Community
Development Department in November, 1994.
2. A maximum of 14 single family residential lots shall be permitted as shown on the
revised vesting tentative map dated February 6, 1995 as modified by the conditions
herein.
3. The approval of the Rezoning/ Preliminary Development Plan 3012-RZ, and Final
Development Plan 3015-93 shall run concurrently with the time limits of SUB #7744.
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4. At least 45 days prior to the filing of the Final Map, the issuance of grading permits,
the approval of improvement plans, or any construction on the site, the applicant shall
submit to the Zoning Administrator for review and approval a revised site plan, a
grading plan and two copies of the related documents listed below. The revised site
plan and grading plan shall incorporate any applicable recommendations of the
documents.
All documents shall detail the mechanism/procedures necessary to ensure implementa-
tion. The documents shall clearly identify changes to the site plan and grading plan
necessitated by their recommendations.
A. Revised Site Plan. The revised site plan shall incorporate the following
changes:
1) Eliminate the western 15 feet of the building site for Lot 1 and allow the
eastern edge of the building site to extend 10 feet beyond the 26%
slope line.
2) Eliminate the western 10 feet of the building site for Lot 2.
3) Eliminate that portion of the building envelope for Lot 3 located within
8 feet of the western edge of the envelope.
4) The building envelope for Lot'5 shall be limited to a maximum of8;000
square;feet, be located outside of the creek structure setback area., and
be located below the 460 foot contour Fine.
5) Eliminate the northern 10 feet of the building envelope for Lot 6.
6) Eliminate that portion of the building envelope for Lot 7 which crosses
over the 26% slope line, and move the envelope 10 feet from the 26%
slope line. The building envelope may be expanded to the west along
the 760 contour line to within 25 feet of the west property line.
7) Eliminate that portion of the building envelope for Lot 8 which is located
within the drip line of the 40" diameter oak tree.
8) Extend the building envelope for Lot 11 to the south up to the 802
contour line, while leaving a 15 foot front setback.
9) The building site for Lot 5 and Lot 14 shall be adjusted such that a home
site may be developed that is off the center line of the drainage swale.
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B. Arborist's Report: The report shall evaluate the impacts of development plans,
including improvement plans for drainage and utilities, on trees with circumfer-
ence of 30-inches or more, 4'/Y feet above the ground. in addition; the report
ehall epnsider the tuturempact �#build�ngenvelQpe$ ohe trees :T#�e report
shall recommend the reduetron:af the;size of bu-Id rig envelopes if necessary tip:
P
reserve trees T#�e r8commedations shall`q.t�n,c ude'the re nent'. flf the:
�tnldi�g envelopes:
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C. Tree Preservation/Protection Plan. The plan, which shall be prepared with the
assistance of a certified arborist or licensed landscape architect, shall list all
trees designated for removal and their respective and aggregate trunk
circumferences. The plan shall provide for replacement of trees approved for
removal at a ratio of three 15-gallon trees for every 20-inches of aggregate
circumference of trees proposed for removal. Replacement tree shall consist
of species that are naturally indigenous to the Bay Area and the project site.
The approved replacement trees shall be planted prior to the completion of
subdivision improvements.
The tree preservation plan shall provide delineation of the perimeter of areas of
trees to be preserved by the use of taping and stakes, or other appropriate
barriers. These barriers shall be installed prior to the commencement of any
development activity. The plan shall also incorporate additional tree protection
measures for the construction stage.
D. Street Light Plan. The street light plan shall address all streets within the
project site. Ornamental light standards are encouraged. Lights shall be limited
to low profile standards.
E. Design Level Geotechnical Study. Two copies of the geotechnical study which
addresses all of the related conditions herein must be submitted. The study
must include recommendations to ensure adequate maintenance of site
improvements.
F. Revised Architectural Design Guidelines. The revised document shall include
text and graphics based on the revisions to the site plan and the conditions
herein.
G. Retaining Wall Designs: The submittal shall identify the location and dimen-
sions for all retaining walls, and shall include proposed colors and materials.
H. Building Envelope Description/Scenic Easement: This submittal shall consist of
a metes and bounds description for each building envelope and a certification
from a licensed civil engineer that the description accurately reflects the
location of the building envelopes based on the February 6, 1995 revised
tentative map as amended by the conditions herein.
The building envelopes and the scenic easement shall be shown on the Final
Map.
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5. At least 45 days prior to the filing of the Final Map or the issuance of grading permits
or the submittal of improvement plans for drainage or utility, the applicant shall submit
to the Zoning Administrator for review and approval a design level geotechnical report
prepared by a geotechnical engineer and engineering geologist. The report shall
address the following:
A. Design specifications for the debris flow barrier and designs for site grading for
Lot 5.
B. Recommendations for a revised location for the home site for Lot 14 such that
the residence would be moved off the center line of the drainage swale.
C. A slope design for Lot 13 at a 3:1 gradient unless a 2'yz:1 gradient is found
acceptable based on the geotechnical investigation approved by the Zoning
Administrator.
D. Design specifications for the debris flow barrier and designs for sight drainage
for Lot 14.
6. At least 30 days prior to the issuance of building or grading permits or any on-site
construction, the applicant shall post a cash bond {or other acceptable surety) to
assure the protection of the existing trees located in the vicinity of the areas of the site
where construction will occur. Prior to posting the bond, a licensed arborist shall
assess the value of the trees in reasonable compensatory terms in the event that a tree
to be preserved is destroyed or otherwise damaged by subdivision related activities.
The term of the bond shall extend at least 36 months beyond the completion of the
subdivision improvements. The tree bonding program shall be subject to the review
and approval of the Zoning Administrator.
Construction Reauirements
7. To avoid unnecessary scaring of hillsides, haul routes for grading activities shall
generally be limited to those areas of the site which are proposed to be graded. The
grading/tree preservation plan shall provide a delineation of the perimeter of areas and
trees to be preserved by the use of taping and stakes, or other appropriate barriers.
These barriers shall be installed prior to the commencement of grading activities.
8. The applicant shall retain the geotechnical engineer and engineering geologist (who
prepared the design level geotechnical report) during the construction phase to ensure
that the conditions are as anticipated and to recommend appropriate changes based
on site conditions. The geotechnical engineer and eingeering geologist shall submit to
the Zoning Administrator a letter summarizing the results of the observation.
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9. A. 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 of
Professional Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
B. If any significant cultural materials such as artifacts, human burials, or the like
are encountered during construction operations, such operations shall cease
within 10 feet of the find, the Community Development Department shall be
notified within 24-hours and a qualified archaeologist contacted and retained
for further recommendations. Significant cultural materials include, but not
limited to aboriginal human remains, chipped stone, groundstone, shell and
bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone,
and historic features such as privies or building foundations.
C. In the event of discovery or recognition of any human remains on the site,there
shall be no further excavation or disturbance of the sits or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of Contra
Costa County has been contacted, per Section 7050.5 of the California Health
and Safety Code.
D. Appropriate mitigation of the cultural resources may include monitoring of
further construction and/or systematic excavation of the resources. Any
artifacts or samples collected as part of the initial discovery, monitoring or
mitigation phases shall be property conserved, catalogued, analyzed, evaluated
and curated along with association documentation in a professional manner
consistent with current archaeological standards.
10. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday
through Friday, and shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on prior written approval
by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site notice 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 responsible for maintaining the list shall
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be included. The list shall be kept current at all times and shall consist of
persons with authority to indicate and implement corrective action in their area
of responsibility. The names of the individual responsible for noise and litter
control sha►I be expressly identified in the notice. The notice shall be reissued
with each phase of major grading 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.
D. A dust and litter control program shall be submitted for the review and approval
of the Zoning Administrator. 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.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to provide access to each
lot. This shall include provision for an on-site area in which to park earth-
moving equipment.
Residential Design and Construction
11. Development of all lots shall conform to the following requirements:
A. Development shall conform to the approved Architectural Design Guidelines.
B. At least 30 days prior to the issuance of building or grading permits, proposed
residential designs shall be submitted to the Zoning Administrator for review
and approval. The submittal shall include the site plan, a grading plan, a tree
preservation plan, an arborist report, structural elevations, floor plans and a
sample palette of exterior colors and materials. Certification from a licensed
civil engineer verifying that the structure(s) are located within the approved
building envelope must also be submitted. The Zoning Administrator may
require the submittal of a visual analysis in order to confirm compliance with
the conditions herein.
C.
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All structures shall;ibe located' hin:the building enyelopes "fo t!.:!, ent that
any ancillary structures are permuted, they sfiail.be located completely vv1thir
the building envelope{s) Unfenced tennis courts, Patios and decks not Higher
than 3 8 motes above natural grade:are allowed vv�thin the l3crld�ng anveloPes
small "outbuildings" may be allowed vrthin : 6u�lding ei;veiopes �f they.tld
ttOt exceed 7 #eet ;n Height and 8 total r�# '# O: qu2r8 #set ; eGOrftlary twin
sttuctUres are expressly prohibited and that prohibition shall not only be a.part
1pf the apprtva) process but shall....0lso be hloted cn the recorded &R's
D. Exterior wall and roof colors and materials shall utilize medium to dark earth-
tone colors, defined as those having less than 50% light reflectance. A
licensed architect shall certify submitted elevations with this requirement.
E. Construction on individual lots shall conform to the R-20 zoning district
standards except as modified by the approved Architectural Design Guidelines
and by the conditions herein.
Residential Design and Construction
12. At least 45 days prior to the filing ofi;the Final'Map, the issuance of grading permits,
the submittal of improvement plans, or any construction on the site, the applicant shall
submit to the Zoning Administrator for review and approval the revised Architectural
Design Guidelines. The Guidelines shall include text and graphics which. includes
changes/additions based on the revisions to the site plan and the other .conditions
herein and shall:
A. Require residential building plans to incorporate storage areas for the storage
of recyclable materials;
B. Require water conservation measures to be used for landscaping consistent
with County Ordinance Code Chapter 82-6;
C. Require water conservation devices to be incorporated in residential designs.
D. Require all residences to be equipped with residential sprinklers and have fire
retardant roofs unless specifically recommended otherwise by the San Ramon
Valley Fire Protection District;
E. Require each residence to have an electrical outlet installed in the garage which
is designed to dedicated for future use in recharging electrical vehicles;
F. Inform residence/builders that the building requirements contained in the
guidelines are standards which shall be used by the County in the issuance of
any necessary permits;
G. Include the following changes to the Guidelines:
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1) A step-up design towards the knoll shall be used for Lot 1 as shown in
the architectural rendering submitted as part of the application.
2) At least the northern 15 feet of the homesite for Lot 1 shall be limited
to 25 feet in height.
3) A step-up design towards the north shall be used for Lot 2 as shown on
the architectural renderings submitted for Lot 1 as part of the applica-
tion.
4)
tep8ffaphy ef the site. Lot 3 shall be eliminated.
5)
west.Fnin;ffi;pIng the v:s;6;l4v- at the FesideAee as viewed ffem the The
building designs for Lot 4 will emphasize minimizing the visibility of the
structures from the north. The Zoning Administrator may allow the use
of the portion of the building envelope which crosses the 26% slope line
for a step-down structure upon the finding that the building will be
minimally visible from off-site.
6) A 5-foot earth berm must be installed at the north end of the building
envelope for Lot 4 such that the building would have an effective height
of 30-feet. As an alternate, a step-down design with a maximum height
of 30-feet above grade is allowed.
7) The frontyard setback for Lot 5 shall be 25-feet from the edge of the
road pavement. The residence shall be a step-up design to conform
with the site topography.
8) The design of the residential structures for Lots 6 through 8 and Lots 11
through 14 shall use architectural features (e.g., second story setbacks,
reduced height, staggered frontage) to prevent a large massing
appearance of the front of the residence which would otherwise be
created with a 15 foot front setback.
9) The building height for the residence on Lot 6 shall be limited to 25-feet
above the surrounding grade, and a maximum of 35-feet in height. This
requirement allows for the lowering of the building site #ef a maximum
of 10-feet should the applicant wish to build a 35-foot height high
structure.
10) The development of Lots 7 through 10 in terms of its height shall
conform to the R-20 zoning district standards of 35-feet.
1 1) The maximum building height for Lots 11 and 12 shall be 30-feet.
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12) The building pads for Lots 11 and 12 shall be lowered 5-feet to give an
effective height of 25-feet.
13) The development of Lot 13 shall be a step-down design and shall blend
in with the topographical features of the site to the extent possible.
14) The building pad for Lot 10 shall be recessed slightly to lower the roof
line of the residence. The designs of the residence for this lot shall
ensure that the visibility from properties to the east is minimized.
15) The height of residential structure on Lot 14 would be the same as
provided in the R-20 zoning district (35-foot height limit).
13. Development of lots shall conform to the following requirements:
A. Prior to the issuance of building permits for the construction of a residence or
an accessory structure on Lots 4, 5, 6, and 7, a copy of the building designs
including exterior colors shall be submitted to the Stonegate Homeowners
Association and the Fair Oaks Homeowners Association so that they will have
an opportunity to comment on the designs prior to the Zoning Administrator's
decision. The building designs for Lot 7 do not require the review of the Fair
Oaks Homeowners Association.
B. The development of Lot 2 must be designed and constructed such that the 40"
diameter and the 36" diameter oak trees are protected. All building designs
must be accompanied by a report from a certified arborist or a licensed
landscape architect which verifies that the trees will be protected.
C. The development of Lot 12 must be designed and constructed such that the
32" diameter oak tree is protected. All building designs must be accompanied
by a report from a certified arborist or a licensed landscape architect which
verifies that the tree will be protected.
14. At least 30 days prior to the issuance of building permits for the construction of
individual residences, a site specific geotechnical report which evaluates the building
plans must be submitted for the review and approval of the Zoning Administrator.
15. Prior to the issuance of grading permits or building permits for the construction of
individual residences, the applicant shall submit a grading/tree preservation plan
applicable to the construction on the individual site. The preservation plan shall
provide a delineation of the perimeter of the areas of trees to be preserved by the use
of taping and stakes or other appropriate barriers. These barriers shall be installed prior
to the commencement of grading activity.
16. At least 30 days prior to the issuance of building or grading permits for the construc-
tion of individual residences, the applicant shall post a cash bond (or other acceptable
surety) to ensure the protection of existing trees located in the area of the site where
construction will occur. Prior to the posting of bond, a licensed arborist shall assess
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the value of the trees in reasonable compensatory terms in the event that a tree to be
preserved is destroyed or otherwise damaged by residential development activities.
The term of the bond shall extend for 24 months beyond the completion of the
residence. The tree bond program shall be subject to the review and approval of the
Zoning Administrator. The Zoning Administrator had the authority to waive this
requirement should he/she determine that residential construction on the site would not
adversely impact trees.
Fencing
17. A. Prior to the filing of the final map, open wire (3-inch maximum diameter) and
post fencing shall be installed along the east borders of the site to separate
livestock and domestic animals.
B. No fencing is allowed within the scenic easement area. Fencing to the rear of
the building sites for Lots 4 through 13, and to the west of the building sites
for Lots 1 through 3 shall generally be limited to open wire construction with
6-foot or greater centers. Alternate fencing may be allowed upon the approval
of the Zoning Administrator.
Scenic Easement Area
18. Prior to the filing of the final map, the applicant shall submit to the Zoning Adminis-
trator for review and approval, the final text of the conservation easement which shall
include the following requirements:
A. The easement shall provide that no tree shall be altered or removed without the
prior written consent of the Zoning Administrator. The Zoning Administrator
may allow the removal of trees upon the finding that the tree may be hazardous
or may jeopardize the health of surrounding trees.
B. The easement shall specify that no grading or development activity may occur
within the easement area except as provided in Condition #18.C. herein. In
addition, the erection of structures including, but not limited to buildings
(regardless of whether a building permit is required), pools and tennis courts
will be prohibited. Grazing will also be prohibited within the easement area.
C. Minor grading is allowed within the easement area necessary to install utilities
and drainage. The disturbed area shall be immediately returned to its previous
appearance.
Other Reguirements
19. 1 Within 30 days ef Concurrent with or prior'to dais-ef recording the final map, the
applicant shall record a statement to run with the deeds which identifies that the site
is subject to Architectural Design Guidelines and must be consistent with the
Guidelines and the Conditions herein. In addition, the metes and bounds description
of the building envelopes for each lot and the requirement herein regarding develop-
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ment restrictions shall be included. Prior to recording the deed notification, the
applicant shall submit to the Zoning Administrator for review and approved the text of
the deed notification.
20. A phasing program may be submitted for the review and approval of the Zoning
Administrator. Request for phasing must be accompanied by the appropriate review
fee.
21. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the parcels created by
this subdivision action. The tax shall be the per parcel annual amount (with
appropriate future CPI adjustment) then established at the time of voting by the Board
of Supervisors. The election to provide for the tax shall be completed prior to the filing
of the Parcel Map. The property owner shall be responsible for paying the cost of
holding the election, payable at the time that the election is requested by the owner.
22. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa
County Planning Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period provided
for in Section 66499.37. The County will promptly notify the subdivider of any such
claim, action, or proceeding and cooperate fully in the defense.
23. The applicant shall show proof that water and sewage service is available and that any
necessary boundary changes have been approved prior to recording the Final'Map.
24. At least 30 days prior to filing the Final Map, plans shall be submitted for review by
the Community Development Department, Graphics Section, to obtain addresses and
for street name approval (public and private). Alternate street names should be
submitted in the event of duplication and to avoid similarity with existing street names.
The Parcel Map cannot be certified by the Community Development Department
without the approved street names and the assignment of street addresses.
25. Record a statement to run with the deeds to the property acknowledging the approved
Geotechnical Report by title, author (firm), and date, calling attention to approved
recommendations, and noting that the reports are available from the Community
Development Department.
26. Prior to the submittal of the final map, the applicant shall submit to the Zoning
Administrator for review and approval verification that the undocumented fill of Lot 5
has been removed and replaced consistent with the recommendations of an approved
geotechnical investigation.
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27. The applicant shall provide to prospective buyers written notice regarding the
restrictions on the use of the property including the requirements for building within
the approved envelopes. A copy of these conditions and the approved Design
Guidelines shall also be provided.
Road and Drainage
28. A. General Requirements:
1) This development shall conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance. The following requirements
must conform with Division 914:
a. Drainage, road and utility improvements shall require the review
and approval of the Public Works Department. This development
shall comply with the requirements of (Title 9) and (Title 10) of
the County Ordinance Code. Any exceptions therefrom must be
specifically listed in this conditional approval statement.
b. The drainage, road and utility improvements outlined below shall
require the review and approval of the Public Works Department
and are based on the revised plan dated October, 1994.
2) Improvement plans prepared by a registered civil engineer shall be
submitted to the Public Works Department, Engineering Services
Division, along with review and inspection fees, and security for all
improvements required by the Ordinance Code for the conditions of
approval of this subdivision. These plans shall include any necessary
traffic signage and striping plans for review by the Transportation
Engineering Division.
B. Public Roadway Improvements (Frontage):
Applicant shall construct a turnaround at the terminus of Las Quebradas Lane
to County public road standards, and shall convey to the County,_ by Offer of
Dedication, the corresponding right of way.
C. Access to Adioining Property:
1) Applicant shall furnish proof to the Public Works Department, Engineer-
ing Services Division, of the acquisition of all necessary rights of way,
rights of entry, permits and/or easements for the construction of off-
site, temporary or permanent, road and drainage improvements.
I
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2) If, after good faith negotiations, the applicant is unable to acquire
necessary rights of way or easements, he/sha shall enter into an
agreement with the County to complete the necessary improvements at
such time as the County acquires the necessary interests in accordance
with Section 66462 and Section 66462.5 of the Subdivision Map Act
at the sole cost of the applicant.
D. Public Roadway Improvements (Off-site):
Construct Las Queradas Lane from the project site to Oakraider Drive as a 32-
foot public road (curb to curb) within a 52-foot right of way width, and convey
to the County, by Offer of Dedication, the corresponding right of way.
E. Private Roads:
1) Applicant shall construct to County private road standards a 20-foot
paved private roadway with 2-foot compacted shoulders within at least
a 30-foot easement, to serve all parcels in this proposed subdivision.
No portion of the private road shall be allowed to exceed 10 percent in
grade.
An exception to the maximum grade, because of topographical
constraints in hillside areas,environmentally sensitive areas,significantly
sized trees or groups of trees, or other physical constraints, shall be
considered on the basis of relevant evidence submitted by the deve-
loper. The maximum grade of a road may be increased to 20%. The
sections of roadway over 16% shall be limited to a length of 300 feet
within each 1 ,000 foot length of roadway. Special pavement surfacing,
such as grooved concrete or open graded asphalt, may be required on
road grades steeper than 16%.
The private road serving Lots 1 and 2 may be reduced to a 16-foot
pavement width subject to the review of the fire district and the Public
Works Department, and the review and approval of the Zoning Adminis-
trator. The applicant shall construct a two foot Class 11 base rock
shoulder along the side of the road which does not have curb and
gutter.
2) Applicant shall construct a turnaround at the end of the proposed private
road.
Applicant shall develop;and enter into a maintenance agreement that will
insure that he proposed private toad wjll be maintained and that;each
property that :uses the proposed private :road W.ill share in::its mainte`?
ranee.
..... ..........
........... ...
...............
4) The residential units 5hafl have at least six'off=strest parking spaces per
Unsi ;_
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F. Road Dedications:
Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the planned future width of 52 feet along Las Queradas Lane.
G. Street Liahts:
There'<is no requirement for street lighting on Ihe.private roads. Tiz the Extent
that..fighting is .installed on the private roads, they shall .be of a l6 level To
the extent;that street Lights are installed on l.as Ouebradas: Lane :arid to the
extent that the property is annexed to' County `Service 'Area L 00 far
maintenance of the lighting,the l*ighting which shall be placed on that road snail
be corjsistent with any lghting!on the private roads, if any To the extend that
there are no Iights:on the private road, then the level of lighting required by the
PublicWorks Department shall be of as low.a'level as is humanly possible to
minimize`the visual impacts of that lighting and shall not be consistent with
standard lighting requirements.
6tFeet lights shall be installed on 6as Quebfadas 6aRe and the pi:epefty annex
rv-cvarrcy 6ei'dl E$Ar$a-6-1-0v�vr-ii-ruri'.re+:,m-rcc-vr-crre .scF4'eh
H. Utilities/Undergrounding:
All utility distribution facilities shall be installed underground.
I. Drainage Improvements:
1) Division 914 of the Ordinance Code requires that all storm waters
entering or originating within the subject property shall be conveyed,
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.
2) Applicant shall verify that the existing storm drain system on Las
Queradas Lane is adequate to convey the required design storm (based
on the size of the watershed) and, if necessary, shall construct
improvements to guarantee adequacy.
3) The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off from public
streets.
4) Storm drainage originating on the property and conveyed in a concen-
trated manner shall be prevented from draining across the driveways.
15
5) To reduce the impact of additional storm water run-off from this
development on Miranda Creek, one cubic yard of channel excavation
material will be removed from the inadequate portion of Miranda Creek
for each 50 square feet of new impervious surface area created by the
development. All excavated material shall be disposed of off-site by the
developer at his cost. The site selection, land rights, and construction
staking will be by the Flood Control District.
Upon written request, the applicant may make a cash payment in lieu of
actual excavation and removal of material from the creek. The cash
payment will be calculated at the rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area ordinance.
The Flood Control District will use these funds to work on the creek
annually.
6) To reduce the impact of additional storm water run-off from this
development on San Ramon Creek, one cubic yard of channel excava-
tion material will be removed from the inadequate portion of San Ramon
Creek for each 50 square feet of new impervious surface area created
by the development. All excavated material shall be disposed of off-site
by the developer at his cost. The site selection, land rights, and
construction staking will be by the Flood Control District.
Upon written request, the applicant may make a cash payment in lieu of
actual excavation and removal of material from the creek. The cash
payment will be calculated at the rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area ordinance.
The Flood Control District will use these funds to work on the creek
annually.
7) Although drainage facilities have been shown on the Vesting Tentative
Map, they have not been reviewed for adequacy. The applicant will be
required to design the drainage improvements in compliance with Title
9 of the Ordinance Code.
J. Creek Structure Setbacks:
The applicant shall relinquish "development rights" over that portion of the site
that is within the structure setback area of Miranda Creek based on the criteria
outlined in Chapter 914-14, "Rights of Way and Setbacks", of the Subdivision
Ordinance. The structure setback area may be reduced subject to the review
of the Public Works Department, Engineering Services Division, and the review
and approval of the Zoning Administrator, based on a hydrology and hydraulic
study and geotechnical analysis of the soil which shows that the creek banks
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will be stable and non-erosive with the anticipated creek flows. The hydrology
and hydraulic study shall be based upon the ultimate development of the
watershed.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT
ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED
FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
A. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance.
C. Comply with the requirements of the Central Contra Costa Sanitary District (please
refer to the District's August 19, 1994 letter).
D. Comply with the requirements of the San Ramon Valley Fire Protection District (please
refer to the District's August 18, 1994).
E. Comply with the requirements of the Health Services Department, Environmental
Health Division.
F. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
G. This project may be subject to the requirements of the Department of Fish & Game.
The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville,
California 94599, of any proposed construction within the development that may
affect and fish and wildlife resources, per the Fish and Game Code.
H. The applicant will be required to pay an environmental review fee of $1,250.00 for the
Department of Fish and Game at the end of the appeal period. Failure to do so will
result in fines. In addition, the approval is not final or vested until the fee is paid. A
check for this fee shall be submitted to Contra Costa County for submittal with the
final environmental documents.
I. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
J. The applicant shall be required to comply with the drainage fee requirements for
Drainage Area 76 as adopted by the Board of Supervisors.
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K. The applicant will be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board or any of its Regional Water Quality Control Boards (San
Francisco Bay-Regional II or Central Valley-Region V).
L. Vested Rights and Fees: This project is subject to the development fees and
regulations in effect under County Ordinance as of February 6, 1995, the date the
vesting tentative map application was accepted as complete by the Community
Development Department. These fees are in addition to any other development fees
which may be specified in the conditions of approval.
An estimate of the fee charges for each approved lot may be obtained by contact the
Building Inspection Department at 646-4992.
M. The applicant is advised that the tax for the police services district is currently set by
the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI] adjustments). The annual fee is sub;act to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting. The applicant is advised
that the election process takes from 3 to 4 months and must be completed prior to
recording the Final or Parcel Map.
N. Exoiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map
act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of
the Subdivision Map act shall last for an initial period of two (2) years following the
recording date of the Final Map. These rights pertain to development fees and
regulations. Where several final maps are recorded on various phases of a project
covered by a single vesting tentative map, the initial time period shall begin for each
phase when the final map for that phase is recorded.
At any time prior to the expiration of the initial time period, the subdivider may apply
for a one-year extension. The application shall be accompanied by the applicable filing
fee. If the extension is denied by an advisory agency, the subdivider may appeal that
denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing
fee with the Clerk of the Board within 15 calendar days.
The initial time period may also be subject to automatic extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications by the County.
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At the expiration of the vesting time period, remaining development (i.e., new building
permits) within the subdivision shall be subject to development fees and regulations
in effect at that time.
EZ/CK/aa
DPXV/3015-93C.EZ
1/11/95
2/8/95
3/15/95 - SR (a)