HomeMy WebLinkAboutRESOLUTIONS - 04111989 - 89-231 1. 534
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 11 1989, by the following
vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Adoption of Findings for Rezoning ) RESOLUTION NO. 89/ 231
(2803-RZ) , Final Development Plan )
( 3026-88) , and Vesting Tentative
Subdivision (SUB 6836) and for
Certification of Related Environ-
mental Impact Report for the
Tassajara Estates Project,
Danville/Tassajara Area
The Board of Supervisors of Contra Costa County RESOLVES
that :
WHEREAS, on August 2, 1988, the Contra Costa County Board of
Supervisors certified a Final Environmental Impact Report for
the Camino Tassajara General Plan Amendment; and
WHEREAS, application for approval of a development project
known as the Tassajara Estates Project, located at 3501 Camino
Tassajara in the Danville area, was submitted to the Contra
Costa County Community Development Department; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (CEQA) and the State and County CEQA
Guidelines, an initial study was prepared for the following
applications for Tassajara Estates :
1. Rezoning 2803-RZ
2. Final Development Plan #3026-88
3. Vesting Tentative Subdivision Map #6836; and
WHEREAS, as a result of the initial study, staff concluded
that the previously certified Camino Tassajara General Plan
Amendment Final Environmental Impact Report adequately describes
the general environmental setting of the Tassajara Estates
Project and significant impacts of the project and alternatives
and mitigation measures related to each significant effect; and
staff recommended, pursuant to Section 15153(b) of the State and
County CEQA guidelines, the use of the August 1988 Camino
Tassajara General Plan Amendment Final Environmental Impact
Report as the EIR for the Tassajara Estate Project; and
WHEREAS, a Notice of Intent to use a previously certified
EIR as EIR for later project was published in accordance with
State and County CEQA Guidelines, taking into account the recent
preparation and drafting of the Final EIR which was certified
after public review, pursuant to which Notice written comments
were solicited and accepted until October 28, 1988; and
WHEREAS, a Notice of Application for the Project and Request
for Written Comments was sent to all public agencies having
jurisdiction by law and other interested agencies, organizations
and individuals, which comments were solicited and accepted
until October 28, 1988; and
RESOLUTION 89/231
WHEREAS, prior ' to November 21 1988, the Community
Development Department provided to members of the San Ramon
Valley Regional Planning Commission the following: copies of
written comments received by the Community Development
Department; lists of persons, organizations and public agencies
commenting on the Notice of Intent; and any written responses of
the Community Development Department to comments received on the
Notice of Intent; and
WHEREAS, the EIR, Notice of Intent, comments and responses
to comments were reviewed and considered by the San Ramon Valley
Regional Planning Commission, and. have now been reviewed and
considered by the Board of Supervisors; and
WHEREAS, after Notice thereof having been lawfully given, a
public hearing on the proposed Tassajara Estates Project was
initially scheduled for hearing before the San Ramon Valley
Regional Planning Commission on November 2, 1988, at which time
the hearing was rescheduled to November 16, 1988, at which time
the hearing was rescheduled to December 7, 1988, at which time
the hearing was commenced and then continued to December 21,
1988, at which time a public hearing was conducted where all
persons interested therein might appear and be heard; and
following which, the Commission closed the public hearing for
decision; and
WHEREAS, the San Ramon Valley Regional Planning Commission
reviewed and considered all materials made available to the
Commission as set forth above and otherwise and all oral and
written comments with respect to certification of the previously
certified FEIR and all responses thereto and all oral and
written testimony and exhibits regarding the Tassajara Estates
Project; and
WHEREAS, an appeal has been taken to the Board of
Supervisors from the San Ramon Valley Regional Planning
Commission 's recommendation of denial of the Rezoning 2803-RZ
Tassajara Estates Project and denial of the Final Development
Plan 3026-88 and Vesting Tentative Map No. 6836; and
WHEREAS, after Notice thereof having been lawfully given, a
public hearing on the proposed Tassajara Estates Project was
scheduled for February 14, 1989, at 2:00 p.m. before the Board
of Supervisors, Contra Costa County, at which time a public
hearing was conducted where all persons interested therein might
appear and be heard; and following which, the Board closed the
public hearing for decision; and
WHEREAS, the Board of Supervisors reviewed and considered
all materials made available to the Board as set forth above and
otherwise and all oral and written comments with respect to
certification of the previously certified FEIR and all responses
thereto and all oral and written testimony and exhibits
regarding the Tassajara Estates Project; and
WHEREAS, the developer had met with and resolved most of the
concerns raised by County Staff and the Town of Danville; and
WHEREAS, the Board of Supervisors approved and adopted the
proposed Tassajara Estates Project for a maximum of 107 dwelling
units including the Conditions ' of Approval, attached hereto as
Exhibit "II" ; and
WHEREAS, the Board of Supervisors approved Rezoning 2803-RZ ,
Final Development Plan No. 3026-88, and Vesting Tentative Map
for Subdivision No. 6836; and 1�
WHEREAS, the Board of Supervisors certified theadequacyof
the prior EIR, Notice of Intent, and responses to comments for
purposes of satisfying the requirements of the California
RESOLUTION 89/231
Environmental Quality Act, and approved Rezoning 2803-RZ, Final
Development Plan No. 3026-88, and Vesting Tentative Map for
Subdivision No. 6836, and instructed the Staff to prepare
findings consistent with the foregoing.
NOW, THEREFORE, the Board of Supervisors of Contra Costa
County resolves, finds, certifies, and orders as follows:
1. The Final EIR for the Camino Tassajara General Plan
Amendment, Notice of Intent, and responses to comments
constitute the Final EIR for the Tassajara Estates Project,
consisting of the Rezoning, Final Development Plan and Vesting
Tentative Subdivision Map;_ further, the Final EIR is adequate
and has been prepared and processed in compliance with CEQA and
the State and County CEQA Guidelines, and is intended to be
utilized for further development processes, including annexation
to service districts by LAFCO.
2. There is no substantial change proposed in the
Tassajara Estates Project compared to the concept plan described
in the Final EIR for the Camino Tassajara General Plan Amendment
as it was certified, nor have there occurred any substantial
changes with respect to. the circumstances under which the
Project is being undertaken, nor is there any new information or
material to consider, nor are there any new significant environ-
mental impacts not previously covered in the Final EIR for the
Camino Tassajara General Plan.
3. Changes in the project, if any, are not substantial , do
not require that a revised EIR be prepared, and, furthermore,
changes, if any, go toward minimizing the environmental impacts
and toward compliance with the General Plan.
4. The Board of Supervisors hereby adopts as ' its
environmental findings with respect to the Tassajara Estates
Project, consisting of the rezoning, final development plan and
vesting tentative subdivision map, the findings set forth in the
Board of Supervisors Order dated August 9 , 1988, a copy of which
it attached hereto as Exhibit "I" and fully incorporated herein
by reference, wherein the Board adopted environmental and other
findings with respect to the Camino Tassajara General Plan
Amendment. The findings are equally applicable to the Tassajara
Estates Project as herein described. Environmental impacts have
been further mitigated, in part, by the design of the Project
and its Conditions of Approval (attached hereto as Exhibit "II"
and fully incorporated herein by reference) as follows:
(a) Open Space/Visual Impact . The design of the
Project ( including but not limited to the grading plan, lot and
setback criteria, architectural plans and landscaping
requirements and buffers) further mitigates the loss of open
space and any visual impacts of the Project, all as referenced
and required in the Conditions of Approval.
(b) Drainage. Pursuant to Condition of Approval
No. 17H, the developer is to comply with the drainage fee
requirements for Drainage Area 101A, previously adopted by the
Board of Supervisors, in addition to complying with Condition of
Approval No. 17A(4) .
(c) Geology. Conditions of Approval Nos. 14(a)
through 14(c) implement the geotechnical recommendations of the
geotechnical engineering consultants
s for the Project , as
reviewed and considered by the County Geologist.
(d) Traffic and Circulation. The mitigation measures
identified in the Final EIR are implemented by Public Works '
Conditions of Approval Nos. 11, 12 and 17.
RESOLUTION 89/ 231
w
(e) Parks and Recreation. Condition of Approval No.
16 requires the payment of parkland dedication fees in the
amount requested by the Town of Danville to be used for
improvements to the planned community park facility in the
Tassajara Ranch project. In addition, on-site recreational
amenities are provided under the Condition of Approval No. 2 (e) .
(f) Archeology. Mitigated by site-specific review at
the time of construction.
(g) Air Quality. Mitigated by limitations in
Conditions of Approval Nos. 8 and 17A(1) (e) on construction
activity, in addition to standard building and grading code
requirements.
(h) Energy. Houses in the Project will be designed
with the highest and best energy saving devices and practices in
conformance with current U.B.C. . Guidelines and requirements.
This impact is, therefore, adequately mitigated.
5. Statement of Overriding Considerations: The Board of
Supervisors hereby adopts the Statement of Overriding
Considerations in Exhibit "I" .
6. Alternatives Analysis. The Board of Supervisors hereby
adopts the Alternatives Analysis in Exhibit "I" as applicable
here because, for one reason, the Tassajara Estates Project is
substantially similar to the concept plan addressed in the Final
EIR.
BE IT FURTHER RESOLVED, that the Board of Supervisors makes
the following additional findings, determinations and orders:
7 . The Tassajara Estates Project is consistent with the
General Plan which authorizes as many as 115 dwelling units for
the property. The project is substantially consistent with the
Camino Tassajara General Plan Amendment, based on but not
limited to the following:
(a) The location of and development criteria for the
road;
(b) Development is limited to the development area
identified in the GPA;
(c) Camino Tassajara landscape setbacks, buffers and
enhancements are consistent with the requirements in the GPA;
(d) Grading and internal circulation have been
coordinated between this site and the Bettencourt Ranch
development. Public access through the Bettencourt Ranch
Project is not a requirement of the General Plan.
Furthermore, the Camino Tassajara General Plan Amendment is
consistent with the Contra Costa County General Plan and, more
particularly, the San Ramon Valley Area General Plan, and each
of the elements therein, is in the public interest and
consistent with State General Plan Law, Section 65300, et seq. ,
and is consistent with the State' s Open Space Lands Act,
Sections 65560, et seq. , all as more fully set forth in
Resolution No. 88/491, attached as part of Exhibit "I" .
8. Consistent with County Ordinance Section 84-66 .1406,
the Board of Supervisors is satisfied that :
(a) The developer intends to start construction within
two and one-half years from the effective date of the zoning
change and preliminary development plan approval; and
RESOLUTION 89/231
(b) The proposed planned unit development is
consistent with the County General Plan as described above; and
(c) This residential development will constitute a
residential environment of sustained desirability and stability,
and will be in harmony with the character of the surrounding
neighborhood and community. The property is affected by special
circumstances and conditions consisting of the spur ridge
topography on which the project design can be enhanced by
development of the site as a planned unit development,
maximizing open-space areas, providing a common area, and an
integrated street design.
9. Consistent with Government Code Section 66426, this
subdivision shall provide to the extent feasible for future
passive or natural heating and cooling opportunities.
10. The subdivision's design and improvement are consistent
with the General Plan for the reasons set forth above.
11 . This site is physically suitable for the type of
development and its proposed density, will not cause substantial
environmental damage or substantial unavoidable injury to fish
or wildlife or their habitat, and will not cause serious public
health problems, consistent with the environmental findings set
forth above and in Exhibit "I" .
12. The development, by its Conditions of Approval and
general infrastructure planning for the Crow Canyon Corridor by
the County, the Town of Danville, and the City of San Ramon,
will mitigate any impacts on public services, all of which will
be confirmed as part of an Augmented Plan for services to be
considered by LAFCO.
13 . As further findings and reasons in support of the
approval of the Tassajara Estates Project, the Board of
Supervisors adopts the analysis set forth in the Staff Reports
and attachments thereto for the Project and the Camino Tassajara
General Plan Amendment.
I hereby certify that INS IS A true and correct copy of
an action taken and entered on the Minutes Of the
Board of 8uperviso on the date ShowrL
ATrESTIM. H A rf
PHIL BATCH OR.Clerk-of the Board
Of Supervisors and County Administrator
By Deputy
cc: Community Development
Public Works Director
Applicant, c/o Thiessen, Gagen & McCoy
RESOLUTION 89/231