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HomeMy WebLinkAboutMINUTES - 03121996 - D8 t A8 and DO TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITVODEVELOPMENT DATE: March 12, 1996 SUBJECT: Continued March 12, 1996 Hearing of the Appeals on the San Ramon Valley Regional Planning Commission decision on Applications to , Modify the Vesting Tentative Map and the Final Development Plan for Bettencourt Ranch and the Final Development Plan for Shadow Creek (County File #DP953003 & #DP953004) in the Tassajara area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION . RECOMMENDATIONS A. Hear testimony, declare the Board' s intent to sustain the Planning Commission' s decision, including any modifications deemed appropriate by the Board (as indicated in the listing of alternative actions set forth below) , and direct staff to prepare a Board Order incorporating the Board' s findings, terms and conditions . B. Affirm the Planning Commission' s adoption of the Mitigated .Negative Declaration as the appropriate environmental document for CEQA review purposes . C . Continue the matter to March 19 , 1996 if the public hearing is closed (or thereafter if the public hearing is not closed) for adoption of findings , terms and conditions relative to the Board' s decision . FISCAL IMPACT None, provided recommended application fee payment condition is imposed . CONTINUED ON ATTACHMENT: % YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ONPROVED AS RECOMMENDED OTHER _ IT IS BY THE BOARD 04nFRED that the hearing on the above appeals is CONTINUED to April 2 , 1996 at 2 P.M. in the Board chambers . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 3 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:Robert Drake - 335-1214 Orig: Community Development Department ATTESTED cc: Dame Construction Company Bettencourt Res . Assoc . c/o CAC PHIL BATCHELOR, CLERK OF Shadow Creek Res . Assoc . c/o BCAM THE BOARD OF SUPEff�('W ORS Public Works Department ANDUNTY MINITOR County Counsel BY , DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS Appeals have been filed by Dame Construction Company and Shadow Creek Residents Association from the San Ramon Valley Regional Planning Commission decision on the above-captioned applications . The Commission denied File #DP953003 (application to modify the Final Development Plan for Shadow Creek) and approved with conditions File #DP953004 (application to modify the Final Development Plan and Vesting Tentative Map for Bettencourt Ranch) . Attached as Exhibit A are the conditions of approval and mitigation measures adopted by the San Ramon Valley Regional Planning Commission. The Board of Supervisors has held a hearing on the respective appeals on February 6 and 27 , 1996 . On the last hearing date, the Board continued the matter to March 12, 1996 and requested staff to prepare alternatives as outlined by the Board for its consideration on March 12, 1996 . DISCUSSION These two applications pertain to two adjoining residential projects in the Danville/Tassajara area that are largely built- out . The projects are bordered by the Blackhawk project and the Town of Danville. The Bettencourt Ranch project consists of five phases ; all but the last phase of the project has been completed. The last phase consisting of 48 lots pertains to an area on the north side of a ridgeline that crosses through the middle of the project . The Bettencourt Ranch project was approved by the Board of Supervisors in 1989 with conditions . Dam6, the developer of the project, has applied to modify several conditions of approval from the 1989 County approval as a first step before requesting the County to accept the last phase subdivision (SUB 7279 ) . One application is seeking to modify the Bettencourt Ranch Final Development Plan and Vesting Tentative Map; the other is seeking to modify the Shadow Creek Final Development Plan. Both projects are zoned Planned Unit District (P-1 ) . The modifications originally requested are summarized below: 1 . Substitution of a ( lower) alignment for a required (upper alignment) hillside road extending along the eastern boundary of Bettencourt Ranch and extending into Shadow Creek open space and substitution of an emergency vehicular access (EVA) gate at the Green Meadow Drive entrance to SUB 7279 for the required card-gated resident gate. The effect of these requested changes would be to limit access to general access to the 48 lots of SUB 7279 to Fleetwood Road only. 2 . Elimination of the requirement to construct a public/private. trail extending through Bettencourt Ranch . 3 . Elimination of a required pedestrian/jogging trail to encircle the detention basin. 4 . Relocation of three approved lots within SUB 7279 from a valley floor location to a hillside site . Grading of the proposed hillside site had been done several years ago ( see 10/17/95 and 11/15/95 staff reports to the Board) . 5 . Relocation of a required (not-built) tot lot and informal turf field from the detention basin area to a knoll area above the existing project recreation center. -2- d Y.7 Listed below are alternative conditions of approval with referenced findings required for each such alternative. IThe required findings are set forth following the list of alternatives . After the Board determines which alternatives it intends to adopt, staff will prepare a Board Order with appropriate findings for Board adoption on March 19 , 1996 or as thereafter fixed. ALTERNATIVE CONDITIONS OF APPROVAL AND FINDINGS I . FLEETWOOD ROAD/CIRCULATION' The applicant has requested that the final development plan and the vesting tentative map for Bettencourt Ranch and the final development plan for Shadow Creek be modified to allow a realignment of the Fleetwood Road extensions from the " upper alignment" shown on the Bettencourt Ranch 1989 Vesting Tentative Map to a " lower alignment" extending into Shadow Creek . The applicant has also requested substitution of an emergency vehicle access for the required card-gate at the Green Meadow Drive entrance to the 48 lots in Final Map 7279 from Green Meadow Drive. Alternatives A. Deny Dame and Shadow Creek Residents Association applications relative to proposed ( lower) road alignment. Required Findings : None. B. Deny Dame appeal relative to Planning Commission' s prohibition of construction of (upper) road alignment. Required Findings : Must be able to adopt LUP, P-1 , VTM Subdivision Map Act (including health and safety findings in Government Code §66498 . 1 (c) ) , nexus findings based on 1991 general plan policies and standards , and CEQA findings . C . Grant Dame Appeal which would allow Dame to elect to proceed with no extension of Fleetwood Road or pursuant to the 1989 vesting tentative map Fleetwood Road " upper alignment" of Fleetwood Road as set forth in the following modification to the application.2 C. MODIFICATION The applicant retains the right to extend Fleetwood Road along the " upper alignment" in accord with the County' s 1989 approval of the Bettencourt Ranch Vesting Tentative Map and Final Development Plan subject to establishing sufficient proprietary rights and complying with geotechnical requirements and the applicable conditions of approval from the 1989 project approval. in lieu of extending Fleetwood Road pursuant to the 1989 vesting tentative map, the applicant may elect not to ' The Commission decision conditioned the Bettencourt Ranch application to prohibit not only the proposed (lower) realignment of Fleetwood Road, but also to deny the Applicant the ability to extend Fleetwood Road along the (upper) alignment shown on the approved 1989 Vesting Tentative Map (C/A#3). Thus,exclusive access would be provided to the rear 48 lots (Final Map 7279)from Green Meadow Drive and other streets within Shadow Creek. 2T'his alternative would continue to allow the applicant to build the upper Fleetwood Road alignment per the 1989 approvals. Ifowever, as an option that the applicant could exercise,this alternative would allow the applicant to not extend Fleetwood Road. Further, if the applicant could settle landscape issues with the Bettencourt Ranch Residents Association and have Shadow Creek accept annexation of Final Map 7279 to the Shadow Creek Residents Association, then this alternative could also allow for relocation of the three lots to the proposed hillside site. (But also see Alternatives III,A. & B.,page G&7.) -3- extend Fleetwood Road beyond its existing eastern terminus subject to satisfying the following conditions prior to acceptance of Final Map 7279: 1) Construct Cul-de-Sac Bulb at Existing Fleetwood Terminus - The applicant shall construct a cul-de- sac bulb and provide adequate right of way at the existing terminus of Fleetwood Road to county standards. The right of way shall be located 3 feet from the curb face, or the edge of pavement, of the cul-de-sac; 2) . Offer to De-Annex Final Map 7279 from Bettencourt Ranch and to Annex to Shadow Creek - The applicant shall offer to the Bettencourt Ranch Residents Association to de-annex the area of Final Map 7279 from that Association. Concurrently, the applicant shall offer to the Shadow Creek Residents Association that the permitted development of Final Map 7279 be annexed to the Shadow Creek Residents Association. The two offers shall be in writing with copies provided to the Community Development Department at the time of the issuance of the offers; 3) Elimination of Card-Gated Access - The offer to annex to the Shadow Creek Residents Association shall also propose to eliminate the required card- gated access. If the offers to transfer Final Map 7279 from Bettencourt to Shadow Creek are accepted, then the requirement to provide a card-gate at the Green Meadow Drive entrance is eliminated. The County shall not accept Fina.1 Map 7279 until either one or both offers (Items 2 and 3 above) are rejected, or six months has passed from the date of the written offers, whichever occurs first. If the Shadow Creek Residents Association agrees to accept the area of Final Map 7279, the applicant will pay $1 , 500 to the Shadow Creek Residents Association for each building permit obtained for the development. If the offers to transfer Final Map 7279 are agreed to by both associations, then the applicant shall pay the cost of accomplishing the associated reorganization. If the Final Map 7279 area is not accepted for annexation to the Shadow Creek Residents Association, the applicant shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the residential lots within Final Map 7279. 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 Final Map 7279. 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. The tax shall provide for an added special assessment above the standard police service district funding level to be initially set at $50 annual tax per residential lot. The revenues from this fund shall be allocated to a special account to be used by the Sheriff' s Office to enforce the California Vehicle Code within the Shadow Creek project. If the property is not annexed to Shadow Creek, and if agreed to by the. Bettencourt Ranch Residents Association, the Final Map 7279 area may have its own -4- independent homeowners association pursuant to deed restrictions set forth in the sale of each lot in the Final Map 7279 area. [Optional; The following provision may be included if desired. ] Relocation of Three Lots to Hillside Site - In the event that the applicant is able to (1) resolve landscapel irrigation and amenity improvements within the first four phases of Bettencourt Ranch to the satisfaction of the Bettencourt Ranch Residents Association and (2). annex Final Map 7279 into the Shadow Creek Residents Association, then the applicant shall be allowed to relocate Lots 44, 45, and 46 to the proposed hillside Location subject to the following design restrictions identified in Alternative #III.B. below. Additional Advisory Note 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 subject 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 Map. Required Findings : Must be able to adopt LUP, P-1 , VTM Subdivision Map Act, nexus findings based on 1991 County General Plan, and CEQA findings . II . LANDSCAPING OF DEVELOPED PORTION OF BETTENCOURT RANCH Alternatives A. Deny the applicant' s appeal and affirm the Planning Commission' s decision. Required Findings : Nexus findings based on 1991 County General Plan, VTM Subdivision Map Act health and safety finding. B. Deny the applicant ' s appeal but restrict the landscaping requirements to the area utilized by homeowners in the Final Map 7279 area (i .e. , going to, from and through common facilities ) . Required Findings : Must be able to adopt nexus findings based on 1991 General Plan policies and standards and VTM Subdivision Map Act health and safety findings . C. Deny the applicant' s appeal but modify the Planning Commission' s approval to provide for review and comment of the results of the arbitration settlement by the Zoning Administrator. The applicant has indicated that there is a court-approved settlement that provides for binding arbitration to resolve issues between the 3,De Planning Commission decision requires that the applicant work with the Bettencourt Homeowner's Association and the county to provide substantial improvements to existing landscaping within Bettencourt(Exhibit A,COA#13). During testimony before the Board of Supervisors on February 27, 1996, Damd indicated that they have entered into a court-approved settlement with the Bettencourt Homeowner's Association to resolve landscape issues through a binding arbitration process. -5- Bettencourt Ranch Homeowner' s Association and the applicant relative to landscape improvements within the common area of the first four phases of the Bettencourt project (SUBS 7188 , 7277 , 7278 , & 7280 ) . C. MODIFICATION: Prior to acceptance of Final Map 7279, the final arbitration decision may be reviewed administratively by the Zoning Administrator. The Zoning Administrator may determine that the 1989 conditions of approval regarding landscaping will be deemed to have been satisfied by the arbitration. Otherwise, the Zoning Administrator may comment and participate and otherwise be involved to the extent requested by the parties. Any costs for Zoning Administrator review shall be paid by the applicant. Required Findings: Must be able to adopt LUP, P-1, VTM Subdivision Map Act, and nexus findings based on 1977 San Ramon Valley Area General Plan and 1988 Camino Tassajara General Plan Amendment policies . D . Grant the applicant' s appeal (with or without an additional provision agreed to by the applicant that the Zoning Administrator will be permitted to participate, review and comment on the court-approved arbitration. If arbitration is not completed within one year, this provision will expire) . Required Findings : None. III . PROPOSED RELOCATION OF THREE LOTS TO HILLSIDE AREA4 Alternatives A. Deny applicant' s appeal from Planning Commission' s denial of request to relocate lots to hillside area . This alternative would not require any modification to the Commission' s decision. Required Findings: None. The Board of Supervisors may wish to make a finding that such relocation would be inconsistent with the policies and standards of the current 1991 general plan. B. Grant the applicant' s appeal If the Board allows the relocation of the three lots, it is recommended that the Board direct that the following language be a condition of approval . The applicant has previously agreed to these design restrictions . In addition, staff recommends that the Board direct that the original recommended residential design mitigation be adopted in its original form (before modification by the Planning Commission) in the attached Mitigation Monitoring Program (attached as Exhibit B; see Measure #5 ) . CONDITION OF APPROVAL: The proposed relocation of Lots 44, 45, and 46 within Subdivision 7279 to hillside sites is approved, subject to the following terms and conditions and to the Mitigation Monitoring Program, Measure 5, attached hereto and incorporated by reference herein: 4 The Planning Commission denied the applicant's request to relocate three approved lots from a valley to a hillside location (see COA#14 in Exhibit A). -6- �•v +D Design Restrictions on Three Lots - Prior to issuance of each building permit, site plans and exterior colors shall be submitted for the review and approval of the Zoning Administrator, and subject to the following design guidelines: A. Except as indicated below, the project shall comply with the requirements of the R-10 zoning district. B. The maximum height of the structure shall not exceed 26 feet in height measured parallel to finished grade. C. Exterior roof and wall colors shall not exceed 50% light reflectance as verified in writing by a licensed architect. D. The required off-street parking may be placed within the front setback area provided that it is housed within a garage. E. For Lot 44 only, site plans shall be accompanied by a report from a licensed arborist which assures protection of the existing oak tree on that site. The recommendations of the arborist report shall be incorporated into the site and and construction plans. Related Findings Requirement: Must be able to adopt LUP and P-1 findings in accord with 1991 County General Plan standards and policies . IV. CAMINO TASSAJARA WROUGHT IRON FENCES Alternatives A. Deny the applicant' s Appeal . Required Findings : Finding that original condition of approval required wrought iron fence to be installed. B. Grant the applicant's appeal . Required Findings : None. V. Payment of any Residual (Supplemental ) Application Processing Fees Add the following condition of approval to assure payment of any residual application fees . Prior to the issuance of a grading permit or acceptance of a final map, the applicant shall pay the County any application fees that are then due . Required Finding: None. CROSS-REFERENCED FINDINGS A. LUP Findings - Land Use Permit Provisions of the Planned Unit District Ordinance of Chapter 26-2 (C .C.C . Ord. Code Section 84-66 . 1804 ) . 'For purposes of clarification of the applicant's responsibility, the Commission conditioned its approval on the installation of a wrought-iron fence along the Camino Tassajara frontage as had been originally proposed prior to the 1989 approval (ref. C/A #11..A. in Exhibit A) -7- 1 ) That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the county; 2 ) That it shall not adversely affect the orderly development of property within the county; 3 ) That it shall not adversely affect the preservation of property values and the protection of the tax base within the county; 4 ) That it shall not adversely affect the policy and goals as set by the general plan; 5 ) That it shall not create a nuisance and/or enforcement problem within the neighborhood or community; 6 ) That it shall not encourage marginal development within the neighborhood; 7 ) That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial (C .C.C . Ord . Code Section 26-2 . 2008 ) . B. P-1 Findings - Planned Unit (P-1 ) District Findings for Approving a Modification Application (C .C .C . Ord. Code Section 84-66 . 1804 ) In approving the modification application, (the County) shall find that it is consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity, both inside and outside the district. C . VTM Subdivision Map Act Findings Vesting Tentative Map Findings to Condition or Deny a Permit (Government Code Section 66498 . 1 (c) ) . The Board may condition or deny a permit, approval, or entitlement if it determines any of the following: 1 ) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both . 2 ) The condition or denial is required, in order to comply with state or federal law. D. Nexus Findings - Nexus Findings required by case law (Nollan v. California Coastal Commission ( 1987 ) 483 U.S . 825; Dolan v.. City of Tigard ( 1994 ) 512 U. S . ) . Reasonable conditions and limitations to carry out the purpose of the P-1 district zoning may be imposed provided that they are reasonably related to the potential impact of the new application; that is, that there is rough proportionality between exaction and impact of the project on the community) . E. CEQA Findings - Determine that the Mitigated Negative Declaration adopted by the Planning Commission is the appropriate environmental document for the project for purposes of compliance with the California Environmental Quality Act (CEQA) . Note: If the Board action allows for relocation of three lots within Final Map 7279 to the hillside area as proposed by the applicant, then the Board should direct that the original recommended residential design mitigation be adopted in its original form (before modification by the Planning -8- Commission) in the attached Mitigation Monitoring Program (See Measure #5 ) . AFFIRMATION OF PRIOR PLANNING COMMISSION ACTIONS In addition to the above-listed alternative actions , the following decisions by the Planning Commission remain in effect: 1 . Elimination of the requirement to construct a public/private trail extending from Camino Tassajara, and running along the eastern property line to the ridge traversing ,the Bettencourt Ranch project. 2 . Relocation of tot lot, jogging trail, and turf field to the HOA-owned area between the Mansfield Drive entrance and the detention basin . 3 . The applicant is required to contribute 50% of the estimated cost of the traffic signalization improvements of the Mansfield Drive/Camino Tassajara intersection. (Previously, the applicant had been required to enter into a deferred improvement agreement. ) 4 . The applicant is required to construct a decorative fence around the detention basin. Att: Exhibit A - 12/20/95 San Ramon Valley Regional Planning Commission Conditions of Approval Exhibit B - Adopted Mitigation Monitoring Program for File #DP953004 . bettend.rpt -9- D1 D,1 FINDINGS AND CONDITIONS OF APPROVAL PERTAINING TO COUNTY FILE #DP953004, AMENDMENT TO BETTENCOURT RANCH FINAL DEVELOPMENT PLAN (#3034-88) AND VESTING TENTATIVE MAP #7188 (Dame Construction Company - Applicant; Bettencourt Ranch Residents Association and Dame Construction Company - Owners)PC eryr�09San2atrio'-nxey Regional '�arinnig omriss�onApxo�a Findings A. The modifications provided for under the approved project are consistent with the intent and purpose of the Planned Unit (P-1) District. B. The modifications provided for under the approved project are compatible with other uses in the vicinity, both inside and outside the Planned Unit (P-1) District. Cond*tions of Approval 1. The Applicant shall be required to comply with the requirements of Subdivision 7188 and Final Development Plan (FDP) #3034-88 as appropriate for this development,and as modified by these additional conditions of approval. Unless otherwise specified, all conditions listed below must be satisfied or otherwise assured prior to acceptance of Final Map 7279 (phase of Subdivision 7188). 2. Development shall be generally based on the following exhibits submitted with the application: • Amended Final Development Plan Bettencourt Ranch/Shadow Creek, dated January 1995; ' • Grading Plan, Subdivision 7279, Bettencourt Ranch. 3. Fleetwood Road Modifications - The request to re-align Fleetwood Road and related improvements is denied. Instead, no extension of Fleetwood Road beyond the existing road improvements shall be required except that the Applicant shall construct a cul-de- sac and provide adequate right of way at the existing terminus of Fleetwood Road to County standards. The right of way shall be located 3-feet from the curb face, or the edge of pavement, of the cul-de-sac. 4. -Contribution to Mansfield Drive - ('amino Tassgiara Traffic. SiRnalizatlon - The Applicant shall be required to contribute 50% of the estimated cost for traffic signalization improvements of the Mansfield Drive - Camino Tassajara intersection described in the Deferred Traffic Signal Fee Agreement (recorded March 12, 1990 in Volume 15710 of Official Records at Page 398) to a Road Improvement Trust (Fund EXHIBIT A Ld .19:11. Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 No. 819200-0800) prior to recording the Final Map for Subdivision 7279 as amended by Modified Final Development Plan File#DP953004. 5. in-Ijen, Recinm6nii Fnc - Bettencourt Ranch FDP, the Applicant sliall pro ide eftlit'r. (a) construct recreation faciii development of recreation facilities whose design and approval could be determined a a late supp! ietiti'inanc-lalcotittibuti--- ---'-*-- al hipovernent cost is at least equivalent to eqUiV detai plaits Plan Sl- -_44_1 graded knoll area –B—. ----*A-JoggirTi'pede=an trail and related-bridges to encircle the deik-I-I'L101fl-- , O -2- Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 Zoning2kdmiffistrator on the adeqam;y of flie plans and estimates shail be shared wifli —Fhe-%'-ounty shall arty firianciai commudt. I trust account. The fut will be exclusively-reserved' for and released to flie Bettencourt HOA up id amenities proposed by flie HOA. IMMER. 011,. - -� .�.- cate ur � r �� es ueting' � yew - � etentz�i�—�-arm rez �remet be nategr aetf thetencnn Dr�`���ed�pprv9ed , ., est..�endo �BRUNEI MOW ARM p Pluzr�mtsr�rhehhethr �crhiexaforoaitureEpi �n K lcrg ► Peiest�n patric�ugucel�atslueeshbe 1+ �n thecor :'ne� ����, anedj area����etweeh the��e�tenfi�on��p����i��d� the Flood���t� ��?isttel��.the I�arr�ield I�r��e✓Pr���ct mance--the�l�nt�n �'�ri r tired h '�'hcmas�� alc�soc�ates - artof a,Bettencourt ranch Cree�-�tud gated M`ay�3, 198 shall be�naodifi�as�ppr�pz�at�,�o aceo�o�ate�hes��ac�1� .es Re�newo£LMand�ca e�?lan� d-Cc�st��hmates �r���'- ��e �tan ��.F� .LM�.p��'� theppl�cantha11c7mdettedaudscae rigahcrnd tmpr� eient plans fcr tis reereatton; Mansfield I7nv�rolect entr�.n�}area pare�ared by a�censed landseape �arclutect wind rel�ted�detad�d unpro�ie�en�eus��.�ates by a:4ce�ed��.tlseap� .:. contactor fc�r the revi���.n�approx�a�f�he�o���n�slrator �.`he���h�li include appropriate site pxeparatic n�mpr ernents final racii g, eeessary------ "gee sa I amendme�ats� etch Prior to approval b thecrrun Aruustratcar, eet#enceuit s� Re��€dents�ssocstion,sham have an c�pportuzuty to reu���v and cc�rnment o the pi�,ras 'Te de�stc�n of the.�oning"Adtnin�strator on the a��quacy,af the,plans-and estunate� hall he shared with the Bettencourt Ranch HOA Pr1(�r to acceptance of F�na1 map 7219,the Applicant shad post mond with the County for.=the accepted;improvement cast to assure cc�mpletrt�n of approved puns:: -3- r1•� + D,1 Conditions of Approval Bettencourt Ranch FDP Modification File AIY 953004 MM _ Com letotx andcrcficatton ofm rvem�r "c arae µ repo o th ONa f � G Ow 6. Pref of Property Rights - The Applicant shall furnish legal proof to the satisfaction of the Public Works Department, Engineering Services Division, and County Counsel of the acquisition of all necessary rights of entry, permits, and/or easements for the construction of temporary or permanent, road, drainage, recreation, fencing and other amenity improvements. 7. C) r=Mcdificatiens to FDP 334-RR A. Elimination of Puhlic/Private Trail Construction Requirement - The requested elimination of the requirement to construct a public/private trail as specified in C/A #5.F. of FDP 3034-88 is approved. The Applicant is still required to provide documentation on the development of such a trail for purposes of - determining a financial contribution to go toward other recreational facilities of equivalent cost benefitting Bettencourt Ranch residents. Surrogate improexnent Plant 1' cri aetancinaiap9 tie AM- Apphe�nt�ha�L�ubmrt de><atled�tnprc��em�nt plan��repared b�a�t�ert��d _: landscape;contractor or a ctvd engrneerr��zdurtgorh�puh�c/prt ate frail unpa�overnents as ar3guu�lly re�uued-ax�C/� 51~',�,rtd a� ateci-�etadect coat e � ates .. a he� sd getaeril or ladscap contract�ar The Flanslll include approprlste sfte preparatiQnajmprovemcnts The plans and cast estuntes shall be subject to the Znxung tldmuustrator review and approval The decision a the Zorirng Admazustrator shall be shared w�thheC)A The�reparatron rxfrd �xcv�ptczrzce r�f`t�es�plcrrts t��ntende��r�le�y tv�rvvrc��cr�nethvc.�of�sttmc�/ing fhe cv�t burden that_the AppZrcant zs tv bear-,fvr��vrdrng�c�rrv�r7er�t v��ire to Bettencourt Ranh,for vther_recreatrv�t,fucr�rtrs v�'�qurvalent cost Equivalent Financial Gontnbutian fbr giber ProiBct Redreatton D'UMernents Prior to,acceptance of Final Map 7279,theM It am 2 Applicant,shalt make an equivaenti -4- Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 B. - The ,ing trail that encircles the detention basiiiasspecii',-uu' inC/A #8.E. ofFDP3034-88isapprovt-;u'. The Applicant is still r C�qUil ed to provide documentation on the development of such a tr ail for purposes of determining a financial contribution to go toward other recread funding may be applied to anotlier jogging trail within tile project. Retention of Rerniirement to Construct a Decorative Fence Around Detention Basin - The request to eliminate the decorative six-foot tall open fence around the detention basin is denied. The existing wire strand fence around the basin does not satisfy this requirement. However, the requirement to provide self- closing gates is eliminated. The fence improvement plans shall be subject to the review and approval of the Zoning Administrator and in consultation with the Flood Control District. Prior to submission of fence improvement plans, the Bettencourt Ranch HOA shall be provided an opportunity to comment on the plans. Prior to acceptance of Final Map 7279, the fence shall either be constructed by the County or assured by posting of a bond. etmitim Basin Area Tot Ent and lnfi-lrinal`�� request-to relocate the required tot lot and informal tui.fed playfield (I Cf. e/A pemTission for d-lese facilities to be built at the Nottinghain si -5- A%* Dq Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 liftlie 11110A-does-riot grant permission to place the proposed facilities at �:noll site, then die Applicant shail mak-e a finali ial contribution to be used for development of ot'll -,L BettenCOULt Ranch recreatiorial facilities when plans are proposed by die 1100A and Lm--Vlewed and approved by die Zoning Administra(t �:Hie financial-contribution shall be inia-de t die eounty to be held in a-Trust Account for Bettet court rRaIRAI WILH ail,rnate recreation plans me appioved-. - - & 46) to a hillsid,- site is approved as shown on the site plans. 8. Mitigation Measures - The Applicant shall comply with the mitigation measures contained in Attachment I, Mitigation Monitoring Program, Bettencourt Ranch, File DP953004, pertaining to debris flow repair, removal of unengineered fill, protection of oak tree on Lot 44, name change to road within SUB 7279, design restrictions applimble to Lots 44, 5, and 46 wituhin SUB '12319-,-and recreational facilities. 9. Fl ct�ro-Main ti . Field (F.MF) Notification - If the Applicant proposes to build any recreation facilities within 300 feet of the PG & E easement or substation, he shall be required to provide evidence that he has informed the Bettencourt Ranch HOA of the following: "The subject property is located near a high voltage electric transmission line. The Association should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made. " 10. Landscape Plans for SUB 7279 A. General - Landscape/irrigation plans shall be prepared by a landscape architect who shall certify the plans for compliance with the Water Conservation Landscaping in New Developments Ordinance (Chapter 82-26) on the plans. The plans shall be subject to the review and approval of the Zoning Administrator. Prior to approval, the Bettencourt Ranch HOA and the East Bay Municipal Utility District shall be provided an opportunity to comment on the plans. Proposed trees shall be a minimum 15-gallon in size; shrubs shall be a minimum 5-gallon in size. -6- DS Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 The Applicant shall post a bond for the cost of the improvements with the County to provide security for a reasonable period following installation. The bond would be intended to provide a financial mechanism for replacement of failed or failing plants and any necessary repair of the irrigation system. B. Specific Landscape Plans 1. SUB 7279 Common Area - The Applicant is required=to<provide_ - - landscape/irrigation improvements for the common area of SUB 7279. These improvements shall provide for plantings of trees and shrubs at the periphery of proposed lots, and native hydroseed mix with existing grasses on graded slopes. 2. Recreation Facilities - If the Applicant constructs any recreation facilities for the project, they shall follow the design and security specifications and review procedures in Paragraph A above. 11. Clarification Concerning Existing Renuirements of EDP 3034-88 A. Wrought Iron Fence along Camino Tassaiara - The Applicant shall either be required to construct or assure the construction of a wrought iron fence (or simulated wrought iron fence) along the eastern half of the frontage of Camino Tassajara (ref. C/A #8.F. of FDP 3034-88). The fence shall generally extend between the residence at #910 Chesterfield Lane and the eastern end of the project (east side of the detention basin). The fence shall provide for a rounded wrap at its eastern end to provide symmetry with the wall wrap required for the -- approved subdivision (SUB 7613, Garrigan) on the adjoining property. The fence improvement plans shall be submitted for the review and approval of the Zoning Administrator. At least 30 days prior to submittal of the plans, the Bettencourt HOA, Flood Control District, and General-Services Department shall be provided an opportunity to review and comment on the plans. B. Notification o�,ers of Hillside Lots - The Applicant shall submit for the review and approval of the Zoning Administrator a letter to be used to notify prospective buyers of Lots 37 through 46 of SUB 7279 (hillside lots) that the installation of a row of redwood trees are a requirement of the project approval (C/A ME of FDP 3034-88). The trees are intended to screen the view of the residences from other properties in the area including Blackhawk Country Club. -7- O• Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 The trees may ultimately interfere with views from the residences on those lots. The trees must be maintained by the Bettencourt Ranch HOA. 12. Indemnification - Pursuant to Government Code Section 66474.9, the Applicant (including subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa 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,7 d�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. 13. 11narade of Landscape Improvements of Common Areas within First Four Phases AN p e oAnnrc� Arneniti The Applicant shall participate with the Bettencourt Ranch Residents Association and the County Community Development Department in a process to review existing landscape conditions within the common areas of the first four phases of the project (SUBS 7188, 7277, 7278, & 7280)!,"ad tntrtri� etamni The review shall lead to a substantial upgrade of landscaping and irrigation systems�antThe review shall include-address such matters as: • proper soil preparation and amendments; • correction of trees that were improperly planted; 0 supplement plantings to approximate the level of improvement shown on the _-- - original landscape plans approved by the Zoning Administrator; and • provision of an approprWirrigation system that meets professional standards for the associated landscape and soil conditions. Landscape improvements shall be designed by and installed under the supervision of a licensed landscape architect. Required landscape improvements shall be subject to final review and approval of the Zoning Administrator. The, ,, of the approved landscape revisionsrequired bar this- roeess and ail approved 40~shall either-be installed (e.g., rior to finalizationssuance of the firsi residential building permitsperrnit within SUB 7279. -8- Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 Prior to acceptance of Final Map 7279, the Applicant shall develop a program for the review and approval of the Zoning Administrator that will establish a schedule for the completion of the landscape review µ e`rtf P P � 1WM This condition to require the Applicant to provide landscape improvements to the common areas of the first four.pa -of pmjec$-_shall be waived by the Zoning Administrator if the County does not receive written evidence in a timely manner from the Bettencourt Ranch Residents Association granting permission to the Applicant to install the landscape improvements approved by the Zoning Administrator. Before approving a waiver of this requirement, the County shall notify the Association of the approved plans and allow at least 30 days for response from the Association. RX relocates l.,ot�,�4_,`�� ,©r�6 to�eir vall�yy Maar lo�atitan as s� v� appy©v�dT`en�atixvlap t�r�moteshose tats a�l�e�hcr��d����.��'� _ regrades the area~ �ewris� � �th�gr�d�ng.on��9 �3 ,�et�ng��r �lv Map, except that t�e�e��st�ng�pa�raii�tc c�and�tton�t�,�h�t�r�� ;o�.t�e ire an I:.�t�44,�shali n lie aftetr�d_' �egdig�p�an shapr��r�d� c�r :��nce 1�,n �t the drlp�line�?f the tree tQ bei s�alle��pi`�or_to ct�mr�ie�n�c���i u��:er�g ,,��i?n Ago* l Wr ICh114 l ~.''X° f ►ne or i of three dots-are stted�as.�hc� n c�nYtl�e approved Tentative �'hen th,'� lis shall be accorrtpni4by a report edfrom a gctechnlea pgmer as tcl_ e feasibility of thc�prc�pc�sed site plan '„1'r�or tc�site plart�pp�ovatthe repc�r-t shall be�ub�ecttc�peer,r�uet�v y� gIogtst�et�.xed �X�h Caurity The APpI`�capt� hall,cover the casts taf;the pee%rtey��w 2j cr€ctat��nf Fri to Mai ''he prrposec final map sh ] be ryterl t becns�stent with the approved sxtelgradtngptan -9- Conditions of Approval Bettencourt Ranch FDP Modification File #DP953004 .. -- a— _ 9 o— e�11 ' ntc�rnatp Cc � Au�acst;ap , Jrs+1? s�a�t specify th ��+e: �-` r�e��g�e�ci�t►a�s�re tests;cy�jtve; ADVISORY NOTES A. 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Name: pas 2, ftane: I am gwAUng for myself_or �'Wele Oaf sSo c��oy� CHECK ONE: 1 wish to speak on Agenda Item #_,� Oate:_ My will be: general_iorainst 1 wish to speak on the wbject of_t�r67M A . do not wish to speak but leave thwe comments for the Board to oornider: Re uest to Speak Form q ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' nostrum before addressing the Bawd. Now 5 rhow: am speaking for rnyseif_or oum Of« CHECK ONE: _ I wish to speak on Agenda Item #_ My cotnmets will be: general_forawnst . wish to speak on the subjed of __.AL I do not wish to speak but leave these oom vw 6- for the Board cu, 9 DATE: RES VEST TO SPEAK FORM (THREE (3) MINUTE LIMIT Complete this- form and place it in the box near the speakers' rostrum before addressing the Board. NAME: ��/.� �a2��v .� PHONE: ADDRESS: S�C ��zi fig/ r,�iu�1L� CITY: S'�•� �l'�y ,J I am speaking formyself OR organization: •oti vev>✓ (NAM OF ORGANI7,NTION) Check one: X I wish to speak on Agenda Item # D My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: 3 - 12-- _ RE$UEST TO SPEAK FORM (THREE .(3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before address' the Board. nn NAME:' ��/V,c � PHONE: 3 �J ADDRESS: O u ►� / C CITY: y I / I am speaking formyself OR organization: S o Check one: NAME OF ORGANt7.��;f���2 I wish to speak on Agenda Item # . My comments will be: general for against I wish to speak on the subject of I do not h to speak but leave these comments for the Board to consider. DATE: RE$UEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: L /ND CR(3 (- /F- PHONE: ADDRESS: r4 4 SGS P/:DCBE C-71 CITY: I am speaking formyself OR organization: '/D6,6 C715; Naq NAME OF OR ANIZNTION) 1,VIAV � Check one: I wish to speak on Agenda Item # � My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: �b REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. / NAME: �o I C IAC egV PHONE: ADDRESS: V W VI CITY: -�•��_ I am speaking formyself OR organization: 7WMZ(�bY1545:�0 NAME OF ORGANIZNTION) Check one: I wish to speak on Agenda Item # -I, D.R. My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.