HomeMy WebLinkAboutMINUTES - 05211996 - D16 Contra
TO: BOARD OF SUPERVISORS
Costa
County
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FROM: HARVEY E . BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
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DATE: MAY 17, 1996
SUBJECT: Decision on 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 Final
Development Plan for Shadow Creek (County File #DP953003 and #DP953004)
in the Tassajara Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Accept the adequacy of the environmental documentation adopted
by the San Ramon Valley Regional Planning Commission with
modifications .
2 . Deny the Appeals of Dame Construction Company and the Shadow
Creek Residents Association with respect to prohibiting
any extension of Fleetwood Road and limiting access to Final
Map 7279 from Green Meadow Drive only.
3 . Deny the Appeal of Dame Construction Company with respect to
fencing improvements along Camino Tassajara.
4 . Grant the Appeal of Dame Construction Company with respect to
requiring the County to participate in the review of landscape
issues concerning the first four phases of the Bettencourt
Ranch project .
5 . Grant the Appeal of Dame Construction Company with respect to
the relocation of three lots within Final Map 7279 with
conditions .
6 . Deny the appeal of Shadow Creek Residents Association with
regard to the environmental review for the project .
7 . Sustain the San Ramon Valley Regional Planning Commission' s
Approval of File #DP953004 (Bettencourt Ranch) with
modifications, with the conditions of approval in Exhibit A.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON May 21, 1996 APPROVED AS RECOMMENDED x— OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: #4, #5,#2 NOES:_#1 , #3 ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Drake (510) 335-1214
Orig: Community Development Department ATTESTED May 21, 1996
CC: Dame Construction Company PHIL BATCHELOR, CLERK OF
Bettencourt Ranch Assoc. THE BOARD OF SUPERVISORS
Shadow Creek Residents Association AND COUNTY MINISTRATOR
Public Works Department
County Counsel BY DEPUTY
p 11
SR-2
8 . Sustain the Planning Commission' s Denial of File #DP953003
(Shadow Creek) .
9 . Adopt the findings attached as Exhibit A.
10 . Adopt the Mitigation Monitoring Program attached as Exhibit B.
11 . Direct staff to post a Notice of Determination with the County
Clerk.
FISCAL IMPACT: None.
BACKGROUND
The Board of Supervisors has conducted a hearing on these appeals
beginning on February 6, 1996 and continued to subsequent Board
meetings. On May 14, 1996, the Board closed the hearing and, on a
3-2 vote (Supervisors Bishop and Rogers dissenting) , voted its
intent to sustain the Planning Commission' s decision with
modifications . The Board directed staff to prepare findings and
revised conditions reflecting the Board action.
TIME LIMIT FOR BOARD ACTION ON APPEALS
It should be noted that if the Board of Supervisors were not to
take final action on these appeals by Friday, May 24, 1996 (10 days
after closing the hearing) , State law may result in an automatic
approval as conditioned by the Planning Commission.
C:\wpdoc\betten.bo
RD\
i
EXMIT'A
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)
Findings
A. P-1 Findings -Planned Unit (P-1)District Findings for Approving a Modification
Application (C.C.C. Ord. Code Section 84-66.1804).
1. The Board of Supervisors finds that the modifications provided for under the
approved project are consistent with the intent and purpose of the Planned Unit
(P-1) District.
2. The Board of Supervisors finds that 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.
Evidence: County Files#DP953003 and#DP953004 including staff reports to the
San Ramon Valley Regional Planning Commission and the Board of
Supervisors, and testimony and evidence presented in the hearings for
those respective bodies.
B. 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). The Board of Supervisors finds:
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;
D/� D.l�
Exhibit A Findings
Bettencoun Ranch FDP Mod4fication
File#DP953004
7. That special conditions or unique characteristics of the subject property and its
location or surroundings are established. (C.C.C. Ord. Code Section 26-2.2008).
Evidence: County Files#DP953003 and#DP953004 including staff reports to the
San Ramon Valley Regional Planning Commission and the Board of
Supervisors, and testimony and evidence presented in the hearings for
those respective bodies
C. CEQA Findings - A Mitigated Negative Declaration is the appropriate environmental
document for the project for purposes of compliance with the California Environmental
Quality Act (CEQA). The applicant has agreed to mitigation measures being incorporated
into the Conditions of Approval.
Modifications to Mitigation Measures-Relative to the Mitigated Negative Declaration
adopted by the San Ramon Valley Regional Planning Commission, modifications to
mitigation measures are incorporated into the approval of this project to allow:
A. Additional Grading of Hillside Lot 44 - The regrading of Lot 44 and removal of a
mature oak tree on that lot.
• Removal of Oak Tree- A 4/11/96 report from a certified arborist retained
by the County, HortScience, Inc., indicated that the tree is declining and
recommended its removal. The County approval would require on-site tree
planting to screen development on this site and otherwise soften the
appearance of this site from off-site views.
• Lowering of Pad Grade - So as to increase the vertical separation of
development on this lot, the County approval requires the lowering of the
existing pad grade by approximately 20 feet. This alteration in the design
of the lot will make it roughly comparable in pad elevation to the pads of
adjacent hillside lots within Final Map 7279 to the west. (Ref. C/A#15)
B. Direct Cash Contribution to Bettencourt Ranch Association in lieu of
Public/Private Trail - The Commission approved mitigation measure had required
that the applicant prepare surrogate plans as a means of estimating the value of the
trail improvements. It had also required that the County retain the in-lieu
contribution in a trust account pending evidence that the HOA would use the funds
for recreation improvements.
F/C-2
Exhibit A Findings
Bettencourt Ranch FDP Mod cation
File#DP953004
In a letter dated April 26, 1996 from the Applicant's legal counsel, the Association
has indicated that it has entered into an agreement with the applicant as to an
acceptable in-lieu cash contribution ($107,000) and that it intends to use the funds
for recreational facilities for the Association.
Based on this representation, the mitigation measure has been altered to allow for
the applicant to contribute $107,000 directly to the Association. (Ref. C/A#7.A.)
These substitute measures continue to mitigate the potential visual impact of the proposed
relocation of three lots to the hillside area and the potential recreational impact to less than
significant levels.
Evidence: County Files#DP953003 and#DP953004 including staff reports to the
San Ramon Valley Regional Planning Commission and the Board of
Supervisors, and testimony and evidence presented in the hearings for
those respective bodies.
D. Findings Relative to Modification of Road Connections Serving SUB 7279 and
Annexation of SUB 7279 to Shadow Creek Residents Association. The Board of
Supervisors finds:
1. Physical Orientation of the Area of the Last Phase of the Bettencourt Ranch
Project -Final Map 7279, the last phase of Bettencourt Ranch is located in the
northeast corner of the Bettencourt Ranch project. The area of Final Map 7279 is
separated from the balance of Bettencourt Ranch by a major ridgeline that
transects the project. As a consequence, the topography and related infrastructure
of Final Map 7279 are more closely oriented to the residential project to the east,
Shadow Creek.
2. Private Annexation Agreement Between Applicant and Shadow Creek -Following
the urging of the Board of Supervisors, the applicant and the Shadow Creek
Residents Association have indicated that they have entered into a private
agreement that would allow for exclusive vehicle access to Final Map 7279
through Shadow Creek and Green Meadow Drive. Furthermore, it is the Board of
Supervisors's understanding that the Association has agreed to annex Final Map
7279 into the Shadow Creek Residents Association, and that upon annexation the
agreement also provides for the payment by the applicant of$5,000 per lot within
Final Map 7279 to be paid to the SCRA when escrow closes for each residential
lot sold.
F/C-3
Exhibit A Findings
Betteneourt Ranch FDP Modification
File#DP953004
3. Waiver of Rights to Extend Fleetwood Road by the Applicant - The applicant has
indicated that they would waive any rights to extend Fleetwood Road authorized
under the County 1989 approval of the Bettencourt Ranch Final Development
(File#3044-88) and Vesting Tentative Map 7188 to connect with the roads within
Final Map 7279, upon determination by the Board of Supervisors that the sole
access to Final Map 7279 should be from Green Meadow Drive.
4. Exclusive Vehicular Access to Final Map 7279 from Green Meadow Drive - The
Board of Supervisors restricts and directs in approving this modification of the
final development plan that the only vehicular access to serve Final Map 7279 shall
be from Green Meadow Drive and other roads within Shadow Creek. Further, the
Board restricts and directs that no extension of Fleetwood Road to connect with
Final Map 7279 shall be permitted.
Evidence: County Files#DP953003 and#DP953004 including staff reports to the
San Ramon Valley Regional Planning Commission and the Board of
Supervisors, and testimony and evidence presented in the hearings for
those respective bodies.
E. Findings Relative to Concerns about Landscaping and Amenities Pertaining to the First
Four Phases of Bettencourt Ranch - The applicant and the Bettencourt Ranch
Association (BRA) have entered into a private settlement agreement which provides for
the following as further evidenced in a letter dated April 26, 1996 from the legal
counsel for the BRA.
1. Resolution of iandscan_Tnj Tssues within First Four Phases - The settlement
agreement has provided for resolution of the landscape issues within the first
four phase of the Bettencourt Ranch project by a legal court action that will be
binding by submission to a private judge.
2. Contribution in-i,ieu of Required Public/Private Trail improvements - The
applicant has agreed to contribute $107,000 to the BRA within 30 days of
written notification by Contra Costa County Supervisors that the public/private
trail improvement requirement is deleted and that Contra Costa County makes
no claims for the money. (Reference C/A #7.A.)
The Board of Supervisors makes no claims for the in-lieu trail improvement
funds.
F/C-4
Exhibit A Findings
Bettencourt Ranch FDP Mod cation
File#DP953004
3. Other C_ontrihutionc - The Board of Supervisors notes that the BRA has also
represented the following relative to other contributions from the applicant to
the BRA:
a) The applicant has agreed to contribute $37,500 to the BRA, which
proceeds the Association intends to, but is not obligated to, use for
common area improvements. The applicant is to tender payment to the
BRA within sixty days of the recording of Final Map 7279.
b) The applicant has paid the sum of$62,500 to the Association, and
further, that the Association and the applicant disagree on whether an
additional $62,500 is owing. The settlement agreement provides for
resolution of the second half payment as follows. The applicant and the
Association agree to resolve this dispute by submitting this dispute for
resolution by motion under Code of Civil Procedure section 664.6, or
under any other applicalbe statutory provision conferring jurisdiction on
the court, including but not limited to, Code of Civil Procedure section
638.
Evidence: County Files#DP953003 and#DP953004 including staff reports to the
Board of Supervisors, and testimony and evidence presented in the
hearing before the Board.
F/C-5
Exhibit A Conditions of Approval
Betteneourt Ranch FDP Modification
File#DP953004
Conditions of Approval
(Note: "MM" denotes mitigation measure from the Mitigated Negative Declaration.)
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).
Submittal of Report Documenting Compliance Prior to Filing a Final Man - Prior to
approval of Final Map 7279, the applicant shall provide to the Community
Development, Public Works and Building Inspection Departments a written report
identifying all conditions that are applicable towards qualifying for approval of Final
Map 7279 in this approval and from the 1989 approval of Final Development Plan File
#3044-88 and Vesting Tentative Map 7188. The report shall document what the
applicant has provided to the County to qualify for approval of Final Map 7279.
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;
0 Grading Plan, Subdivision 7279, Bettencourt Ranch.
3. Modifications to Road Connections Serving STIR 7279 - 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 allowed 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 private road standards. Exclusive
vehicle access serving Final Map 7279 shall be from Green Meadow Drive.
In lieu of extending Fleetwood Road pursuant to the 1989 vesting tentative map, the
applicant shall provide for the following modifications to be satisfied prior to
acceptance Final Map 7279:
A. Construct Cul-de-Sac Rulb at Existing Fleetwood Terminus - The improvement
plans for the cul-de-sac shall be reviewed and approved prior to the filing of the
F/C-6
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
final map for subdivision 7279. The cul-de-sac shall be located beyond the last
lot on Fleetwood Road (Lot 108 of Final Map 7278) so as not to encroach on
that property as it has been approved for adjustment by Lot Line Adjustment 63-
92. The cul-de-sac shall remain outside the "new lot line" of Lot 108 as shown
on LL 63-92 (102 LSM 16).
Drainage and Slide Repair Concerns - The design shall also address the existing
drainage problem at the end of Fleetwood Road and the plan shall be signed by
a geotechnical engineer certifying that the design complies with their
recommendations for constructing structures in the project area. The
unengineered fill that has been placed at the end of Fleetwood Road shall be
screened for inert and other deleterious material. Prior to approval of
improvement plans, the applicant shall submit a program to screen and dispose
of the deleterious material for the review and approval of the Zoning
Administrator. The screening shall be done by hand and under the supervision
of a licensed soils engineer. The unengineered fill shall then be replaced and
compacted as directed by the geotechnical engineer. In addition, the entire slide
at the existing end of Fleetwood Road shall be repaired as recommended by the
geotechnical engineer. The plans for performing the slide repair and other
grading at the end of Fleetwood Road shall be subject to the review of the
Building Inspection Department, Grading Division. The plans shall be
implemented or otherwise contractually assured prior to approval of Final Map
7279. (MM)
DeeijZn of Fleetwood Road Cul-de-Sac - The face of curb or edge of pavement
of the cul-de-sac shall be three feet from the property line and "new lot line" of
Lot 108 of Final Map 7278. The easement or right of entry from the
Bettencourt Ranch Association to construct the cul-de-sac shall be submitted
with the plan and, if necessary, recorded with the map.
Completion of Fleetwood Road Cil-de-Sac - The construction of the cul-de-sac
improvements shall be completed, or contractually assured, prior to the filing of
the final map, however, construction shall begin no later than September 1,
1996 and be complete no later than October 15, 1996. Failure to meet this
timetable shall result in withholding the issuance of building permits.
B. Offer to Annex Final Man 7279 to Shadow Creek - 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
F/C-7
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Mod cation
File#DP953004
offer shall be in writing with a copy provided to the Community Development
Department at the time of issuance of the offer. If the offer is accepted, then
the applicant shall complete any necessary processing to accomplish the
annexation at time of the approval of Final Map 7279.
C. Elimination of Card-Gated Access - The requirement to design and construct a
card-gated access at the Green Meadow Drive entrance associated with the
approved 1989 Bettencourt Vesting Tentative Map shall be null and void.
D. Mitiga inn for Not Allowing Fleetwood Road to he Extended - Prior to approval
of a final map, the applicant shall offer to the Shadow Creek Residents
Association to provide for a deep rock-filled trench subdrain excavated along
the central axis of the slide masses and taken across the Subdivision 7279
boundary, down to the base of the natural slope as generally described in the
July 28, 1995 letter from Rogers/Pacific. The submitted grading plans shall be
reviewed for consistency with this requirement by a licensed soils engineer.
The plans shall either be completed or assured of completion prior to approval
of Final Map 7279. Prior to acceptance of the improvements by the County, a
report shall be submitted from the supervising licensed soils engineer that the
improvements have been properly installed. (MM)
4. Contribution to Mansfield Drive - Camino Tassaiara Traffic Signalization - 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
No. 819200-0800) prior to recording the Final Map for Subdivision 7279 as amended
by Modified Final Development Plan File #DP953004.
5. Request to ModitMelocate Required Detention Basin Area Recreation Facilities - The
request to relocate required informal turfed playfield and tot lot (reference FDP 3034-88
C/A#5.A. and 7) from the detention basin area to the knoll area near the center of the
Bettencourt Ranch project and the request to eliminate the required jogging/pedestrian
path to encircle the detention basin (ref. FDP C/A#8.E.) are denied.
However, the request to relocate the required informal turfed playfield from the
requirement that it be integrated into the design of the detention basin (now Flood Control
District owned) is approved. (MM)
F/C-8
0/1
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Mod cation
File#DP953004
Siting of Facilities Immediately West of Detention Basin -The original Final Development
Plan requirements for the above three facilities (informal turfed playfield, tot lot and
jogging/pedestrian path) are modified to require that these three facilities shall be located
in the common(HOA-owned) area lying between the detention basin property owned by
the Flood Control District and the Mansfield Drive project entrance. The Planting Plan
prepared by Thomas Baak Associates as part of a Bettencourt Ranch Creek Study dated
May 23, 1989 shall be modified as appropriate to accommodate these facilities. (MM)
Review of Landscape Plans and Cost Estimates -Prior to acceptance of Final Map 7279,
the Applicant shall submit detailed landscape, irrigation and improvement plans for this
recreation (Mansfield Drive project entrance) area prepared by a licensed landscape
architect and related detailed improvement cost estimates by a licensed landscape
contractor for the review and approval of the Zoning Administrator. The plans shall
include appropriate site preparation improvements (final grading, necessary drainage, soil
amendments, etc.). Prior to approval by the Zoning Administrator, the Bettencourt Ranch
Association shall have an opportunity to review and comment on the plans. Following
approval of the plans and prior to commencement of improvements, the applicant shall
ensure that the decision of the Zoning Administrator is shared with the BRA. (MM)
Security for Approved Plans -Prior to approval of Final Map 7279, the Applicant shall
provide a bond or other security acceptable to the Zoning Administrator with the County
for the accepted improvement cost to assure completion of approved plans. (MM)
Completion and Verification of Improvements - The approved plans shall be installed prior
to issuance of the first residential building permit in Subdivision 7279. At least 90 days
after planting has been completed, the Applicant's Landscape Architect shall inspect the
site for any failed or failing plants or other deficiencies by the Applicant and prepare a
report to the Zoning Administrator. A copy of the report shall be concurrently forwarded
to the Bettencourt Ranch Association for opportunity to comment. Acceptance of the
improvements shall be subject to the review and approval of the Zoning Administrator.
Until the installation of improvements is accepted by the Zoning Administrator no
residential building permit within Subdivision 7279 shall be issued. (N"
6. Proof 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.
F/C-9
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
7. Other Modificatinns to FDP 3034-RR
A. Flimina inn of Public/Private Trail Construction Reauiremen - The requested
elimination of the requirement to construct a public/private trail as specified in
C/A O.F. of FDP 3034-88 is approved. Prior to the approval of Final Map
7279, the Applicant shall provide evidence acceptable to the Zoning
Administrator that the applicant has contributed $107,000 to the Bettencourt
Ranch Association in lieu of these previously required improvements. (MM)
B. Retention of Renuirement 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 Association 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 with funds provided by the applicant, or assured by
providing a bond or other security acceptable to the Zoning Administrator.
(MM)
8. Change of Road Name - Prior to approval of Final Map 7279, the applicant shall
submit for the review and approval of the Community Development Department,
Graphics Section, a substitute street name for the segment of road within that
subdivision that had been tentatively identified as Fleetwood Road. The name change
is intended to avoid confusion to interested parties including emergency response
agencies relative to the existing segment of Fleetwood Road on the south side of the
Bettencourt Ridge. (MM)
9. F.l r-tro-Ma netic Field (RMF) 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
F/C-10
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
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 SUR 7279
A. General - Landscape/irrigation plans shall be prepared by a licensed 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. Proposed trees shall be a minimum 15-gallon in size; shrubs
shall be a minimum 5-gallon in size. The plans shall be accompanied by an
estimate by a qualified professional of the cost of installation of the proposed
improvements (estimate shall include materials and labor).
The Applicant shall provide a bond or other security acceptable to the Zoning
Administrator for the cost of the improvements with the County to provide
security for a period of at least 12 months following installation: The security
would be intended to provide a financial mechanism for replacement of failed or
failing plants and any necessary repair of the irrigation system.
B. Snerific i ands an . Plans
1) STIR 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. The proposed landscape plans shall indicate
that the proposed landscaping is to be conducted under the supervision of
the landscape architect including selection of materials, preparation of
soil, and installation of plants and irrigation improvements.
a) Effect Restoration of Pre-Graded Grassland Ann . rand - The
plans shall provide and indicate in writing on the plans that the
plans have been designed to effect a restoration of the pre-graded
appearance of the common area with suitable grasses.
F/C-11
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
f_omjle inn of Hydroseeding - The approved hillside
hydroseeding shall be completed as soon as practical and no later
than October 15, 1996. The applicant shall notify staff when the
hydroseeding has been completed. Failure to complete the
hydroseeding by the required date shall result in the withholding
of the issuance of building permits.
b) Tref, Planting to Effect Screening of Selected Hillci e i nts (Lot-,
44 - 4$) - In addition to applicable landscape improvement
requirements from the 1989 approval of Final Development Plan
#3044-88, the applicant shall also provide tree plantings around
the periphery of Lots 44 - 48. One of the purposes of the plan
shall be to screen residential development on these lots from the
off-site views of the area north of the property.
Comnlet� 'on of Al proved Tree Plantings - Tree Plantings shall be
installed by the applicant within 60 days of the completion of
road and drainage improvements within Final Map 7279. The
proposed landscape plans shall provide for substantial barriers to
provide effective protection of the improvements while
construction activity is occurring (e.g., concrete barriers). Failure
to comply with the required completion date shall result in the
withholding of the issuance of building permits.
Verifi ation of Correct installation of Screening imI)rovem .n s -
The landscape architect shall provide a written statement to the
Zoning Administrator indicating that the approved landscape and
irrigation improvements and temporary barriers have been
correctly installed.
Review of Proposed I andscane Planc by Potenti�y Interested Parties -
At least 15 days prior to approval of the plans, the Shadow Creek
Residents Association, the Country Club at Blackhawk Improvement
Association, the owner of Assessor's Parcel Number 220-580-012 (200
South Ridge Court, Jensen) and the East Bay Municipal Utility District
shall be provided an opportunity to comment on the plans. The
applicant shall provide evidence that copies of the proposed plan have
been delivered to the above-listed parties and advised that they have up
to 15 days from the time of receipt of the plans to provide comments to
F/C-12
17
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File #DP953004
the Community Development Department on the adequacy of the plans
before the Zoning Administrator considers approval of the plans.
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 #10.A above.
C. Contribution of Funds for Future Maintenance of Required i andcca�ne Screening
- Prior to release of required security for common area landscape
improvements, the applicant shall provide evidence acceptable to the Zoning
Administrator that he has provided to the Shadow Creek Residents Association
$3000 to be earmarked specifically and exclusively for future maintenance of
landscape improvements intended to screen development within SUB 7279. The
transmittal from the applicant to the HOA shall indicate the purpose of these
funds and that it is a requirement of the County approval of this project.
11. Clarification ConeerninjZ Existing Renuirementc of FDP 3034-98
A. Wrought iron Fenrealong 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 pians to the
Zoning Administrator.
B. Notification of Buverc of Hillside In - 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 48 of SUB 7279 (hillside lots) that the
installation of a tree plantings in the common area adjacent to those lots is a
requirement of the project approval (C/A #8.H. of FDP 3034-88). The letter
shall state that it is the obligation of the Shadow Creek Residents Association to
maintain this landscape screen. The letter shall state that the trees are intended
F/C-l3
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
to screen the view of the residences from other properties in the area including
Blackhawk Country Club. The letter shall also state that the trees may
ultimately interfere with views from the residences of those lots within Final
Map 7279. The applicant shall provide a copy of the approved letter to
prospective buyers of Lots 37 through 48 prior to sale of lots.
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, 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.
13. HOA Tree Maintenance Obli ation and Review of CC&R's - The Shadow Creek
Residents Association shall be responsible for maintaining landscaping improvements
approved by the Zoning Administrator which are intended to provide screening of
development on hillside Lots 37 - 48 of Final Map 7279.
Prior to approval of Final Map 7279, the applicant shall submit a copy of the CC&R's
that are proposed to apply to Final Map 7279. The CC&R's shall provide for a
statement that it is the obligation of the HOA to preserve and maintain the approved
common area landscape improvements for purposes of screening the development from
the views of off-site properties pursuant to the County approval of this subdivision.
The CC&R's shall also provide for a special account for the required contingency
funding for maintenance of the screening improvements.
Hillside Lot-, (i og 17 - 48) within Final Map 7279
14. Relocation of Three Lot; -- The proposed relocation of Lots 44, 45 and 46 to hillside
area from the valley floor area is approved as generally shown on the site and grading
plans submitted with the application.
15. Lowering of Building, Pad on Lot 44 - Prior to approval of Final Map 7279, the
applicant shall submit grading plans for the review and approval of the Zoning
Administrator. The grading plans shall provide for the lowering of the existing graded
pad on Lot 44 by approximately 20 feet not to exceed 948 feet above mean sea level
F/C-14
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
(AMSL). The plans shall provide for the removal of an existing 42-inch oak tree on
the site. Prior to submittal to the Zoning Administrator, the Building Inspection
Department shall have an opportunity to review and comment on the plans. The
approved grading plans shall either be completed or contractually assured of completion
prior to approval of Final Map 7279.
16. l)eciQn Control of Hillside Lots ( n s 37 - 48) - Prior to issuance of building permits
on Lots 37 - 48, the applicant shall provide documentation to comply with the
following conditions for review and approval of the Zoning Administrator.
A. General Development Restrictions - Except as otherwise provided below,
development shall be guided by the development standards of the R-10 zoning
district, subject to final review and approval by the Zoning Administrator at
time of issuance of building permits. (Reference C/A #15 from Approved Final
Development Plan File #3044-88.)
B. Control of Reflectivity of Exterior Residential Materials - The construction
plans shall specify the colors to be used for exterior walls and roofing of all
residential structures. A licensed architect shall verify in writing that the
proposed colors will not exceed 50% light reflectance.
C. Control of Exterior i.ighting - Any exterior lighting shall be designed and
operated so as to shine on the applicant's property only and not shine on any
surrounding properties.
D. Shnnlemental Tree PiantinR improvements for i.ots 44 - 48 - At least 7 days
prior to issuance of building permits on Lots 44 - 48, the applicant shall submit
proposed landscape/irrigation plans prepared by a licensed landscape architect
for each of the lots along with proposed construction plans for the review and
approval of the Zoning Administrator. The plans shall identify the location of
tree plantings on the adjacent commons area and proposed landscape/irrigation
improvements on the site. The plans shall provide for on-site tree plantings to
screen the view of proposed development from views to the north, to
supplement landscape screening within the common area. Proposed trees shall
provide for trees, minimum 15-gallon sizes.
At least 15 days prior to finalization of a building permit on each affected lot,
the landscape architect shall provide a report to the Zoning Administrator
F/C-15
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Modification
File#DP953004
attesting that the approved landscape/irrigation improvements have been
correctly installed.
Lots, 45 & 49 - Proposed landscape plans shall provide for a row of trees along
the frontage of both lots.
E. Supplemental Design R s rictions for Lots 44, 45 and 46
1) Structure Height - The maximum height of the structure(s) shall not
exceed 26 feet measured parallel to finished grade.
2) i.ots 45 & 46 - Exception to Setback Requirement - An exception to the
standard structure and parking setback may be allowed on Lots 45 and
46 (lots with sloping building sites). The required off-street parking
may be placed within the front setback area provided that it is housed
within a garage.
F. Required Padded Grade for int 48 - Reference is made to C/A #5.J.21. of File
#DP3034-88 (1989 Approved Final Development Plan for Bettencourt Ranch),
requiring the pad elevation on this lot to be about the 912 foot elevation. At the
time of the prior approval, the lot was identified as Lot 424 on Vesting
Tentative Map 7188.
G. Notification of Prospective Buyers - Prior to sale of any of the referenced
hillside lots, the applicant shall notify the prospective buyers in writing of the
applicable design review restrictions pertaining to on-site and common area
landscape screening and other visual mitigations provided in this condition.
Contribution for Hillside Development Review
17. Prior to approval of Final Map 7279, the applicant shall fund the County in an amount
to be determined by the Zoning Administrator, not to exceed $20,000 for the following
work products:
A. Review of Hillside Grading, Permit Process - A review and revision of the
County grading permit process as relates to hillside or special view areas. The
purpose of the review shall be to assure that issues associated with recently
processed hillside applications can be addressed in a systematic way, and to
F/C-16
Exhibit A Conditions of Approval
Bettencourt Ranch FDP Mod cation
File#DP953004
provide a clear communication process in the future of the obligation of all
parties.
B. Wor chn_� for Staff Training - Implementation of the revised process and
workshops to train all County personnel who are involved in the review of
permit project requests associated with hillside planning and viewshed concerns.
C. User's Guide/Rooklet - Develop a Users' Guide/Booklet for hillside/viewshed
areas, including a series of workshops for developers, the community and staff.
Payment of S mnl m ental Annli ation F . s
18. Prior to issuance of a grading permit or approval of Final Map 7279, the applicant shall
provide payment to the County of any application fees that are due.
ADVISORY NOTES
A. Comply with the requirements of the San Ramon Valley Fire Protection District.
dp953004.coo
RD
11/10/95
rev.-12n5/95
1/31/96
5/17/96
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