HomeMy WebLinkAbout85-04ABEFORE THE PLANNING CO~ISSION OF THE CITY OF DANVILLE
In the ~atter of:
Assuring Improvements to )
Sycamore Valley Road in )
Relation to Approval of )
Anderson Ranch PUD 84-5 )
)
RESOLUTION NO. 85-4A
1. Blackhawk Ranch includes property located to
the east of the City of Danville and within the jurisdiction
of Contra Costa County. It includes the Blackhawk Ranch
Planned Unit District (1840-RZ as amended by 1995-RZ,
2119-RZ, 2182-RZ and 2305-RZ).
2. On October 2, 1979, the Contra Costa County Board
of Supervisors approved the application of Blackhawk Corpo-
ration to rezone 2030 acres of the Blackhawk Ranch land
(2305-RZ). Ordinance 79-115, approving the rezoning,
was adopted on October 16, 1979. The approval authorized
subdivision of the property into a maximum of 841 units.
states:
Condition 16E of the 2305-RZ rezoning approval
E. Sycamore Valley Road
As an applicant-installed County improvement,
widen Sycamore Valley Road between Camino Ramon
and Old Orchard to a four-lane divided roadway.
This work will be a minimal improvement and
consist of the construction of a 28 foot pavement
section to the north of the existing two lanes
on Sycamore Valley Road. No curbs or median
island construction will be required. The
full-width bridge over San Ramon Creek shall
be constructed. (The work on the bridge consists
of the installation of girders, deck and railings.
The abutments are already in place.) Necessary
longitudinal drainage may be carried in roadside
ditches.
These improvements shall be assured under an
agreement executed prior to the filing of the
first final map for this project and bonded
prior to issuance'of the first building permit
for 2305-RZ.
This condition is in turn incorporated in the tentative
map conditions of approval for subdivisions within the
2305-RZ area. (See for example, condition of approval
of subdivision 5645, condition 18.)
4. On June 23, 1981, the Board of Supervisors approved
the Sycamore Valley Specific Plan. The Specific Plan
addresses the improvement of Sycamore Valley Road and
reaffirms the obligation of Blackhawk to provide a portion
of the improvements. The Plan states (at page 6):
Sycamore Valley Road
Sycamore Valley Road east of the Interstate
680 freeway, is a two-lane road to Old Orchard
Drive and a four-lane divided roadway east of
Old Orchard Drive to Camino Tassajara. The
Blackhawk Ranch development is required to provide
an additional 28 feet of pavement on the north
side of the existing roadway. The developers
of the Sycamore Valley Specific Plan area are
required to complete the ultimate roadway section
of Sycamore Valley Road, which will require
additional widening to provide 36-foot wide
roadways for both the eastbound and westbound
traffic, a 16-foot wide median and curb, gutter
and sidewalk on both sides, bicycle paths, signal-
ization of the Old Orchard Drive intersection
and up grading of the signal at Camino Ramon.
(emphasis added)
5. The Specific Plan further provides (at page 20):
2. Prior to the filing of a Final Subdivision
Map or Parcel Map, the following roadway im-
provements must be assured:
b. Sycamore Valley Road as a four-lane
divided roadway from 1-680 to Camino
Tassajara. The improvements wil generally
consist of widening to provide a minimum
of 36 feet of pavement in each direction,
the construction of a median island, curbs~
sidewalks, bicycle path, street lights,
median island landscaping and open-graded
overlay of the existing pavement.
Additional improvements will be required
at the intersection of Camino Ramon and
Sycamore Valley Road, including modification
of the existing traffic signal and the
installation of a traffic signal at the Old
Orchard Road/Sycamore Valley Road intersection.
The Public Works Department and Planning
Department shall work with the local homeowners
associations to form a maintenance district
to install and maintain landscaping on the
roadsides.
The Specific Plan also includes a "Phasing S~,hedule
of Public Services Improvements and CC&R's" a chart which
indicates as to Sycamore Valley Road (between Camino Tassa-
jara and I 680) that (1) before a final parcel map is
approved, the improvements must be assured and (2) before
building permit issuance (over 500) improvements must
be under construction. (page 23-24)
6. On July 1, 1982 the City of Danville became incorp-
orated and acquired jurisdiction over certain land including
some of the land covered by the Sycamore Valley Specific
Plan, including Sycamore Valley Road (but not including
Blackhawk Ranch).
7. On November 1, 1982 the City Council of the City
of Danville adopted the Sycamore Valley Specific Plan
as it relates to the City of Danville. (Resolution No.
29-82)
8. On November 9, 1984 Blackhawk Corporation filed
an application with the City requesting rezoning of 137
acres from A-2 (general agriculture) to P-1 (Planned Unit
District) to accomodate 210 residential units (110 detached,
100 attached), common open space and private recreation
facilities (PUD 84-5). The subject property is located
in the City on both sides of Camino Tassajara and immed-
iately to the east of the Shappel lands. (Parcel. s 202-100-
022 and 207-050-007.) This project and property are referr-
'ed to as Anderson Ranch and are located within the area
covered by the Sycamore Valley Specific Plan.
9. Sycamore Valley Road is a major thoroughfare
serving (1) properties within the Sycamore Valley Specific
Plan area, including Anderson Ranch (and the subject appli-
cation PUD 84-5) and (2) Blackhawk Ranch (including
2305-RZ), previously approved by the County. The widening
O£ and improvements to Sycamore Valley Road are made nece-
ssary by developmen%s in Blackhawk Ranch and in the Sycamore
Valley Specific Plan area.
10. Responsibility for the widening and improvement
of Sycamore Valley Road is (based on the Sycamore Valley
Specific Plan and 2305-RZ condition 16E) as follows:
a. Blackhawk Ranch is required to provide an additio-
nal 28 feet of pavement on the north side of the
existing roadway (Sycamore Valley Specific Plan page
6; County Ordinance No. 79-115 for 2305-RZ, condition
16E);
b. Ail Other improvements are to be completed by
the developers within the Sycamore Valley Specific
Plan area (including Anderson Ranch). These other
improvements include completion of the ultimate roadway
section of Sycamore Valley Road, which will require
additional widening to provide 36-foot wide roadways
for both the eastbound and westbound traffic, a 16-foot
wide median and curb, gutter and sidewalk on both
sides, bicycle paths, signalization of the Old Orchard
Drive intersection and up grading of the signal at
Camino Ramon. (Sycamore Valley Specific Plan page
6)
These (subsection b) improvements are proposed to
be completed via the formation of an assessment dis-
trict.*
Based upon condition 16E and the Sycamore Valley
Specific Plan, the City and developers within the Sycamore
Valley area have relied upon the commitment of Blackhawk
Corporation, as developer of Blackhawk Ranch, to do its
required share of the road improvements.
11. Blackhawk Corporation is the owner and developer
of both Blackhawk Ranch and Anderson Ranch.
*Condition 30 of the Anderson Ranch project PUD 84-5 reads in
part as follows and is typical of the requirement imposed on
other Specific Plan area projects:
30.
Developer shall participate in an assessment district
or other funding mechanism for completion of all re-
quirements contained in the Sycamore Valley Specific
Plan. Requirements shall include but not be limited
to:
...3. Completion of Sycamore Valley Road.
...Such participation shall be assured prior to issuance
of any building permits for subdivision improvements
or structures.
12. Blackhawk Corporation has failed to comply
with condition 16E, the widening of Sycamore Valley Road
required as part of Blackhawk Ranch 2305-RZ. The County
has failed to enforce condition 16E and has issued building
permits for 2305-RZ in violation of the condition.
Blackhawk Corporation is seeking relief from compliance
with condition 16E by requesting that the County delete
that condition.
13. Because of Blackhawk Corporation's failure to
construct and the County's failure to enforce condition
16E, the ultimate construction of roadway improvements
on Sycamore Valley Road is in jeopardy.
The Sycamore Valley Specific Plan assessment district
is not prepared to undertake those improvements which
were designated as Blackhawk Corporation's sole responsi-
bility (under condition 16E and the Specific Plan).
14. The Sycamore Valley Specific Plan provides that
a) until the specified improvements to Sycamore Valley
Road are assured, no final map for any subdivision on
the Plan area may be filed (including the subject Anderson
Ranch application PUD 84-5) and b) until the improvements
are under construction, no building permit (over 500) may
be issued.
A standard condition of approval for Specific Plan
area projects requires that participation in an assessment
district or other funding mechanism be assured before
issuance of any building permits.
THEREFORE, the Planning Commission of
Danville finds and resolves as follows:
the City of
1. The development of the proposed Anderson Ranch
project (PUD 84-5) will contribute to the need for improve-
ments along Sycamore Valley Road. Blackhawk Corporation,
the developer of Anderson Ranch, is responsible for certain
improvements to Sycamore Valley Road as a part of the area
assessment district. Blackhawk Corporation, the developer
of Blackhawk Ranch, is separately responsible for certain
other improvements to Sycamore Valley Road. (See recitals
paragraph 11.) Because of the identity of interests concern-
ing the improvements on Sycamore Valley Road, these two
developments ought not to'be considered separately.
2. Building permits may not be issued for PUD 84-5
or for any subdivision within the Sycamore Valley Specific
Plan area until the matter of roadway improvements is re-
solved. (See recitals paragraph 4, 5 and footnote to 10.)
3. Based upon the foregoing recitals, the ultimate
construction of roadway improvements on Sycamore Valley
Road is in jeopardy.
4. To accomplish that portion of the widening of
Sycamore Valley Road required of Blackhawk Corporation
as part of their Blackhawk Ranch Development, it is in
the public interest to impose and the Planning Commission
does hereby impose upon Blackhawk Corporation in its capacity
as developer of Anderson Ranch the following conditions:
Blackhawk Corporation shall enter into an agreement with
the City in a form satisfactory to it to assure the widening
of Sycamore Valley Road as required by condition 16E of
2305-RZ.
The required assurance may be by any one of the follo-
wing:
(1) Construction of Sycamore Valley Road to its ulti-
mate width (under the Specific Plan), with reimbursement
provided to Blackhawk Corporation from a future assess-
ment district for any improvements in excess of the
condition 16E requirements; or
(2) posting security with the City, or naming the
City as an additional beneficiary on a previous County-
approved security, to secure the widening required
by condition 16E. This security must reflect current
costs of the work; or
(3) making a cash contribution to the City or Specific
Plan assessment district to cover the condition 16E
portion of improvements on Sycamore Valley Road.
5. This Resolution shall be incorporated by reference
as condition 53 to the PUD 84-5 conditions of approval.
PASSED, APPROVED AND ADOPTED this
1985 by the following vote:
AYES:
NOES:
ABSENT:
day of March,
ATTEST:
Planning Commission Chairperson
Planning Commission Secretary