HomeMy WebLinkAbout040-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Assuring Improvements to )
Sycamore Valley Road in )
Relation to Approval of )
Anderson Ranch PUD 84-5 )
)
RESOLUTION NO.
40-85
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 Corporation
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.
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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
upgrading of the signal at Camino Ramon. (emphasis
added)
·
.
The Specific Plan further provides (at page 20):
Prior to the filing of a Final Subdivision Map or
Parcel Map, the following roadway improvements
must be assured:
b. Sycamore Valley Road as a four-lane divided roadway
from 1-680 to Camino Tassajara. The improvements will
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
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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 Schedule of
Public Services Improvements and CC&R's" a chart which indicates
as to Sycamore Valley Road (between Camino Tassajara and 1-680)
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. (pages 23-24)
6. On July 1, 1982 the City of Danville became
incorporated 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
accommodate 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 immediately to the east of the Shappel
lands. (Parcels 202-100-016Eand 207-050-007.) This project and
property are referred 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 application PUD
84-5) and (2) Blackhawk Ranch (including 2305-RZ), previously
approved by the County. The widening of and improvements to
Sycamore Valley Road are made necessary by developments in
Blackhawk Ranch and in the Sycamore Valley Specific Plan area.
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10. Responsibility for the widening and improvement of
Sycamore Valley Road is (based on the Sycamore Valley Specific
Plan and 2305-RZ condition 22) as follows:
a. Blackhawk Ranch is required to provide an additional
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 22);
b. All 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 the
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 upgrading 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 district.*
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 requirements contained in the Sycamore
Valley Specific Plan. Requirements shall include
but not limited to:
...3. Completion of Sycamore Valley Road.
...Such participation shall be assured prior to
issuance of any building permits for subdivi-
sion improvements or structures.
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12. Blackhawk Corporation has failed to comply with
condition 22, 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 responsibility (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.
15. On May 1, 1985, Condition 22 was added to Amended
Final Development Plan 3008-85 by the San Ramon Valley Planning
Commission which supersedes Condition 16E of 2305-RZ.
THEREFORE, the City Council of the City of Danville
finds and resolves as follows:
1. The development of the proposed Anderson Ranch
project (PUD 84-5) will contribute to the need for improvements
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 concerning the
improvements on Sycamore Valley Road, these two developments
ought not to be considered separately.
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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 resolved. (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 Blac~awk Ranch Development, it is in the public
interest to impose and the City Council 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 22 of amended Final Development Plan 3008-85, Amended
Phase IV at Blackhawk.
The required assurance may be by any one of the
following:
(1) Construction of Sycamore Valley Road to its ultimate
width (under the Specific Plan), with reimbursement
provided to Blackhawk Corporation from a future
assessment district for any improvements in excess of the
condition 22 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 22. 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 22
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.
6. Condition 4 shall not be removed from this approval
until such time as a mutually acceptable solution to the City of
Danville has been approved by the City Council.
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t"
PASSED, APPROVED AND ADOPTED this
1985 by the following vote:
3rd day of -June,~.
AYES: Lane, May, McNeely, 0ffenhartz, Schlendorf
NOES: None
ABSENT:None i j/y~M~aV~yor~i~_~~
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ATTEST:
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