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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-660 1011��a� RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING THE HUMPHREY RANCH RESIDENTIAL PROJECT (COUNTY FILES: GP#04-0010, RZ#04-3150, SD#04- 8905, and DP#04-3091) WHEREAS, on September 14, 2004, the Board of Supervisors adopted Resolution No. 2004/405 approving the tentative partial cancellation of Land Conservation Contract, AP#4-76, affecting a 24-acre portion of the Humphrey Ranch Property, located at 2900 Stone Valley Road, in the unincorporated community of Alamo, California. WHEREAS, Board Resolution No. 2004/405 adopted by the Board of Supervisors on September 14, 2004 also included the certification of the Humphrey Ranch Property Environmental Impact Report (SCH# 2002012029) as adequate and complete consistent with State and County CEQA Guidelines. WHEREAS, the Humphrey Property Environmental Impact Report (SCH#2002012029) included three components, consisting of a Residential Component, San Ramon Unified School District Component, and an Open Space Component, and said Residential Component to the Environmental Impact Report evaluated a proposal to develop 39 residential lots and stormwater detention basin the covering 24 acre area affected by tentative partial cancellation of the Land Conservation Contract, AP#4-76. WHEREAS, the Board of Supervisors on September 14, 2004 authorized a General Plan Amendment and rezoning studies for the Humphrey Ranch Property relating to a proposal for 39 residential lots and stormwater detention basin on the 24-acre portion of the Humphrey Ranch property which was the subject of the tentative partial cancellation of Land Conservation Contract, AP#4-76. WHEREAS, Davidon Homes on October 14, 2004, submitted the following associated applications for the Humphrey Property: a General Plan Amendment to consolidate and expand an existing Single Family Residential- Low Density (SL) designation over the 24 acre portion of the Humphrey Ranch Property (County File: GP#04-0010), a rezoning of the same 24 acre portion of the Humphrey Ranch Property from the Agricultural Preserve District (A-4) to the Planned Unit District (P-1) (County File: RZ#04-3150), a Preliminary and Final Development Plan fora 39-unit single family residential project with a stormwater detention basin of the same 24 acre portion of the Humphrey Ranch Property, and related grading improvements (County File: DP#04- 3091), and a vesting tentative subdivision map to subdivide the 95.86-acre Humphrey Ranch Property into 39 single family residential lots, a stormwater detention basin parcel of 1-acre, and an open space parcel of 63-acres (County File: SD#04-8905). BR-1 "VQAr"11 IT RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING THE HUMPHREY RANCH RESIDENTIAL PROJECT (COUNTY FILES: GP#04-0010, RZ#04-3150, SD#04- 8905, and DP#04-3091) WHEREAS, on September 14, 2004, the Board of Supervisors adopted Resolution No. 2004/405 approving the tentative partial cancellation of Land Conservation Contract, AP#4-76, affecting a 24-acre portion of the Humphrey Ranch Property, located at 2900 Stone Valley Road, in the unincorporated community of Alamo, California. WHEREAS, Board Resolution No. 2004/405 adopted by the Board of Supervisors on September 14, 2004 also included the certification of the Humphrey Ranch Property Environmental Impact Report (SCH# 2002012029) as adequate and complete consistent with State and County CEQA Guidelines. WHEREAS, the Humphrey Property Environmental Impact Report (SCH#2002012029) included three components, consisting of a Residential Component, San Ramon Unified School District Component, and an Open Space Component, and said Residential Component to the Environmental Impact Report evaluated a proposal to develop 39 residential lots and stormwater detention basin the covering 24 acre area affected by tentative partial cancellation of the Land Conservation Contract,AP#4-76. WHEREAS, the Board of Supervisors on September 14, 2004 authorized a General Plan Amendment and rezoning studies for the Humphrey Ranch Property relating to a proposal for 39 residential lots and stormwater detention basin on the 24-acre portion of the Humphrey Ranch property which was the subject of the tentative partial cancellation of Land Conservation Contract, AP#4-76. WHEREAS, Davidon Homes on October 14, 2004, submitted the following associated applications for the Humphrey Property: a General Plan Amendment to consolidate and expand an existing Single Family Residential- Low Density (SL) designation over the 24 acre portion of the Humphrey Ranch Property (County File: GP#04-0010). a rezoning of the same 24 acre portion of the Humphrey Ranch Property from the Agricultural Preserve District (A-4) to the Planned Unit District (P-1) (County File: RZ#04-3150), a Preliminary and Final Development Plan fora 39-unit single family residential project with a stormwater detention basin of the same 24 acre portion of the Humphrey Ranch Property, and related grading improvements (County File: DP#04- 3091), and a vesting tentative subdivision map to subdivide the 95.86-acre Humphrey Ranch Property into 39 single family residential lots, a stormwater detention basin parcel of 1-acre, and an open space parcel of 63-acres (County File: SD#04-8905). BR-1 RESOLUTION NO. 2005/660 BE IT FURTHER RESOLVED that the Board of Supervisors approves the proposed General Plan Amendment for the Humphrey Ranch Residential Project (County File: GP#04-0010) which would consolidate and enlarge an existing Single Family Residential —Low Density (SL) designation into one 24 acre area of the Humphrey Property, and approves the staff recommendation to re-designate a 10 acre portion of the Humphrey Property, which has been acquired by the San Ramon Unified School District, from Agricultural Lands (AL) to Public/Semi-Public (PS) to reflect the appropriate land use designation for area now under public ownership. The findings for approval of this General Plan Amendment are more fully described in the attached Exhibit A: Findings for Approval of the Humphrey Ranch Residential Approval,which is incorporated by this reference to this Resolution. The Board of Supervisors approves this General Plan Amendment as the fourth of four consolidated amendments in calendar year 2005 as allowed under state law to the mandatory elements of the General Plan. BE IT FURTHER RESOLVED that the Board of Supervisors approves the request to rezone the 24 acre portion of the Humphrey Property from Agricultural Preserve District (A-4) to the Planned Unit District (P-1) (County File: RZ#04-3150). The findings for this rezoning to the Planned Unit District (P-1) are more fully described in the attached Exhibit A: Findings for Approval of the Humphrey Ranch Residential Approval,which is incorporated by this reference to this Resolution. BE IT FURTHER RESOLVED that the Board of Supervisors approves the proposed Preliminary and Final Development Plan for the 39-unit single family residential project with a stormwater detention basin and related grading improvements (County File: DP#04-3091). The findings for the approval of this Preliminary and Final Development Plan are more fully described in the attached Exhibit A: Findings for Approval of the Humphrey Ranch Residential Approval, which is incorporated by this reference to this Resolution. BE IT FURTHER RESOLVED that the August 22, 2005 appeal of Davidon Homes of the August 17, 2005 decision by the San Ramon Valley Regional Planning Commission is granted and the Board of Supervisors overturns the August 17, 2005 decision of the San Ramon Valley Regional Planning Commission by approving a vesting tentative subdivision map to subdivide the 95.86 acre Humphrey Property into 39 single family residential lots, a detention basin parcel, and a 61.83 acre open space parcel (County File: SD#04-8905). The findings for the approval of this vesting tentative map are more fully described in the attached Exhibit A: Findings for Approval of the Humphrey Ranch Residential Approval, which is incorporated by this reference to this Resolution. BE IT FURTHER RESOLVED that the Board of Supervisors adopts as conditions of approval on the foregoing entitlements the Conditions of Approval for the Humphrey Property contained in the attached Exhibit C, which is incorporated by this reference to this Resolution. BR-3 RESOLUTION NO. 2005/660 This Resolution was approved by the Board upon motion on Tuesday, October 18, 2005, by the following vote: 61 AYES: &4 '�1 � �� l G�� � ,���Fy�uT NOES: ABSENT: ABSTAIN: 1) JOHN SWEETEN, County Administrator and Clerk of the Board of the Supervisors, County of Contra Costa, State of California, hereby certify that the foregoing was fully called and held in accordance with law on Tuesday, October 18, 20050 & ATTEST, -Ile CI-01 Swee'en 6 Jerk, Contra Costa County Board of Supervisors Attachments(3J Exhibit"A": Findings For Approval Of Humphrey Ranch Residential Project Exhibit"B": Correlation of Previously-Approved Mitigation Measures for Humphrey Ranch Residential Project Exhibit"C": Conditions of Approval for Humphrey Ranch Residential Project GAAdvance Planning\adv-plan\Humphrey\RESOLUTION NO. 2005-660.doc BR-4 EXHIBIT A FINDINGS FOR APPROVAL OF HUMPHREY RANCH RESIDENTIAL PROJECT I. ROLE OF THESE FINDINGS These findings are adopted by the County of Contra Costa for the Humphrey Ranch Residential Project (the "Project"). These findings are based upon the staff reports presented to the San Ramon Valley Regional Planning Commission and to the Board of Supervisors, including attachments,, and the materials contained in the record of proceedings. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the finding. These findings are attached as Exhibit A and incorporated by reference into the resolutions and ordinances approving and implementing the Project. Also attached is an Exhibit B that reflects how the mitigation measures previously identified in the EIR have been made enforceable conditions of approval, or have already been satisfied. Also attached is an Exhibit C that contains the conditions of approval. All Exhibits are incorporated by reference into each other, and into the resolution or ordinance to which they are attached. The Board adopts these findings in connection with each of the approvals and entitlements to which this Exhibit is attached. The resolutions, ordinance and their exhibits reflect the Board's independent judgment. 110 BACKGROUND The "Project" referenced in these findings is the Humphrey Ranch Residential Project. The Project encompasses what was referred to in a prior EIR on the Humphrey Ranch Project (SCH #2002012029; the "EIR") as the Residential Component and the Open Space Component. The EIR evaluated the impacts of the Humphrey Ranch Residential Project, and the San Ramon Valley Unified School District's proposal to develop a parking lot and a playfield on part of Humphrey Ranch. The EIR was certified in connection with the Board's approval of tentative cancellation or rescission of a portion of the Williamson Act Contract on the Humphrey Property, in Resolution 2004/405. No one brought suit to challenge the EIR, the tentative cancellation or rescission, or any other aspect of the decisions reflected in Resolution 2004/405, and those decisions are now conclusively deemed valid. Capitalized terms other than "Project"have the same meaning as in Resolution 2004/405. In furtherance of its proposal for development of the Project, Davidon Homes, owner and applicant ("Applicant"), applied to the County for the following approvals and entitlements: • A General Plan Amendment to the Contra Costa County General Plan, Land Use Element Map to consolidate and expand an existing Single Family Residential Exhibit A —Humphrey Ranch Residential Project Findings Page 1 of 11 Low Density designation over a 24.43-acre portion of the site (GP #04-0010) and designate the 9.6-acre school district parcel Public/Semi-Public. • A Re-zoning of the same 24.43 acres of the 95.86-acre site from Agricultural Preserve District (A-4) to Planned Unit District (P-1) (RZ#04-3150). • A Preliminary and Final Development Plan approval fora 39-unit single-family residential project with a stormwater detention basin and related grading improvements (DP#04-3091). • A Vesting Tentative Subdivision Map to subdivide the 95.86-acre site into 39 single-family residential lots, a detention basin parcel, and a 61.83-acre open space parcel (SD #04-8905). The San Ramon Valley Unified School District has acquired a portion of the Humphrey Ranch. This is the portion that was studied in the EIR as the site of the School District's proposed project (the parking lot and playfield that comprise the SRVLJSD component). As explained and contemplated in the EIR, County policy and practice is to designate lands owned by other public agencies as Public/Semi-Public (PS). Staff has recommended,, as a technical amendment to conform to the circumstances of the site being under public ownership, that the Land Use Element Map be amended to change the designation of the site of the SRVLJSD Component to Public/Semi-Public (PS) to reflect the School District's public ownership of approximately 10 acres of the Humphrey Ranch property. The Board adopts that change in land use designation. The San Ramon Valley Regional Planning Commission held public hearings on the Project, at which it received and considered evidence and testimony, on June 15, 2005, July 20, 2005 and August 17, 2005. At each hearing, Staff recommended approval of the Project, and provided proposed conditions and findings, revising them at subsequent hearings to respond to issues raised. On August 17, 2005, the San Ramon Valley Regional Planning Commission voted to recommend denial of the General Plan Amendment, Re-zoning and Final Development Plan, and denied the Vesting Tentative Subdivision Map. The Applicant timely appealed from that decision. The Board upholds the appeal and approves the Project. CEQA FINDINGS The Project was studied in the EIR. The Board finds that no subsequent or supplemental environmental review is required. CEQA prohibits the County from requiring a supplemental or subsequent EIR unless it finds that one of the following triggers is present: (i) substantial changes are proposed in the project which involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects,- (ii) substantial changes occur with respect to the circumstances under which the project is undertaken which involve new significant environmental effects ora substantial 'increase in the severity of Exhibit A—Humphrey Ranch Residential Project Findings Page2of11 previously identified significant effects; or (iii) there is new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, which and shows any of the following: (a) the project will have one or more significant effects not discussed in the previous EIR, (b) significant effects previously examined will be substantially more severe than shown in the previous EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or (d)mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The Board finds that no such triggers are present. Since the EIR was certified and the tentative cancellation or rescission approved, there have been minor modifications made to the Project that are typical of any Project undergoing land use processing after an EIR has been certified. There is a revised grading plan that makes the Project more compatible with properties in the Monte Sereno neighborhood. There is a refined roadway improvement plan for Stone Valley Road to address concerns the Town of Danville raised about its side of the road. There are also additional conditions further restricting development and operation of the Project, including a restriction on height on lots 31 and 32, maintenance of retaining walls to be constructed in the public right of way, and a condition limiting one-way traffic control on Stone Valley Road to those times of year when Monte Vista High School is not in session. These changes are environmentally neutral or environmentally beneficial, as documented in staff reports and according to the common sense and planning expertise of this Board. In addition, a traffic study dated August 16, 2005 by Fehr and Peers confirms the viability and acceptable operation of the proposed Stone Valley Road improvements. The report identified no significant queuing impacts, the only issue being aless-than significant queuing impact during only 5-15 minutes of morning and afternoon peak hours, caused primarily by School traffic to which the Humphrey Ranch Residential Project would not make a considerable contribution. The report recommends that room for back-to back left turn bays for the westbound left turn to Glenwood Court be created by reducing the eastbound left-turn bay at the Project Access, and that the Project drive accommodate 126 feet of left turn storage. The Project is implementing the recommendations regarding left turn lanes into the Project and at Glenwood Court. The Board has carefully reviewed all comments and evidence, including statements calling for preparation of subsequent or supplemental environmental review, and finds that none of them present the kind of evidence that would merit preparation of additional environmental documents. Most of the comments seek to challenge the analyses already conducted in the EIR, which, as noted above, is not open to challenge. Others urge that Exhibit A—Humphrey Ranch Residential Project Findings Page 3 of I I any changes merit preparation of another EIR, but these comments do not establish the presence of a trigger for preparation of a supplemental or subsequent EIR. IV. GENERAL PLAN CONSISTENCY AND GENERAL PLAN AMENDMENT The General Plan Amendment approved by the Board's action today includes both the change in land use designation to Single Family Residential Low Density, and the change in land use designation to Public/Semi-Public. Notice of this General Plan Amendment was provided pursuant to State Law and the County Code. Hearings have been held and a recommendation received from the San Ramon Valley Regional Planning Commission also pursuant to State Law and the County Code. 1. The General Plan Amendment will not cause the General Plan to become internally inconsistent. After this amendment, the General Plan will continue to be an integrated, internally consistent and compatible statement of policies for the County. 2. The Project, including its rezoning, preliminary and final development plans, and vesting tentative subdivision map, is also consistent with and implements the General Plan. It is compatible with the objectives, policies, general land uses, and programs specified in the General Plan, specifically the following policies: Policy 3-110 Promote the individuality and unique character of each community based on existing community images. Project Finding: The proposed zoning for residential portion of the project is P-1, which allows for unique development standards that are consistent with the pattern of development in the area. The average lot size within the development will be 20,000 square feet and the guideline for development standards will be the R-15 zoning district. The zoning districts and development standards for surrounding developments include R-15, R-20 and R-40. Policy 3-111 The character of the area as one of predominantly single family residences shall be developed, and multiple family residential units shall be provided in suitable densities and locations. A range of densities shall be offered in order to provide for a variety of family sizes, income levels, and age groups. Proiect Finding: The project is to develop 39 single family residences. The proposed density is 2.1 units per acre. The density range for the Single Family Low (SL) designation in which the development will be located is 1.0-2.9 units per net acre. Exhibit A—Humphrey Ranch Residential Project Findings Page 4 of I I Policy 3-118 When rezoning in Alamo, the appropriate single family residential zoning will include R-20, R-40, R-65 and R-100 and P-l. Both Alamo and Diablo will have special characteristics which preclude clustering in established areas. Project Finding: The proposed zoning for the residential portion of the project is P-1. The guideline for development for the 39 unit subdivision will be. the R-15 zoning district, which is the zoning district of the adjacent Monte Sereno neighborhood to the east. Policy 3-120 Developments shall be reviewed to ensure the continued rural character of the area. Project Finding: The project will preserve the rural character of the area by not installing frontage improvements that are uncharacteristic of Stone Valley Road and by dedicating a 63-acre portion of the site as open space. Policy 5-35 Scenic corridors shall be maintained with the intent of protecting attractive natural qualities adjacent to various roads throughout the county. Project Finding: The project includes dedicating a 63-acre portion of the site to open space. The portion of the property to be dedicated is the hilly portion that abuts existing open space. Policy 5-37 Scenic views observable from scenic routes shall be conserved, enhanced and protected to the extent possible. Project Finding: The County General Plan identifies this portion of Stone Valley is identified as a scenic route. The 63-acre portion of the site to be dedicated as open space is visible along Stone Valley road and will protected through a dedication of development rights to the County. Policy 5-42 For lands designated for urban use along scenic routes, planned unit developments shall be encouraged in covenant with land development projects. Proiect Finding: The project includes the establishment of a Planned Unit Development for 39 units and the dedication 63- acres for open space. Policy 9-1 Permanent open space shall be provided within the County for a variety of open space uses. Exhibit A—Humphrey Ranch Residential Project Findings Page5of11 Project Finding: The project includes the dedication of 63-acres for open space. 3. The Project will further the objectives and policies of the General Plan and not obstruct their attainment. The Project is compatible with, and does not frustrate, General Plan goals and policies. The Project is in harmony with the policies of the General Plan. 3. The Project will promote General Plan policies favoring compatibility of neighborhoods and infill development, especially since the Project provides transitioning densities between existing neighborhoods and is located immediately adjacent to major infrastructure. The site is surrounded by numerous residential zoning districts including a P-1, R-40 (Single Family Residential, 40,000 square foot minimum lot size), R-20 (Single Family Residential, 20,000 square foot minimum lot size) and R-15 (Single Family Residential, 15,000 square foot minimum lot size). The Project proposes an average lot size over 20,000 square feet. The site is one of the few agriculturally zoned parcels that abut Stone Valley Road between Highway 680 and Green Valley Road, and the only property zoned A-4. Directly across Stone Valley Road from the Project site is Monte Vista High School and Oak Hill Park, zoned for public uses. All of the land use districts abutting Stone Valley Road to the east and west of the site are residential, except Oak Hill Park and Monte Vista High School, which are located in Danville. 4. The Project will promote General Plan policies favoring preservation of open space, creation of recreational opportunities, and protection of visual resources. The Project is designed to accommodate site constraints and occupy only the lower elevations of the Humphrey Ranch property. The Project will provide permanent protection of 61.8 acres of open space immediately adjacent to existing public open space. The Project offers a trail link from the terminus of an existing EBRD trail through the northern portion of the Project open space. The amount of property to be converted from agricultural designation to residential designation comprises only about 8 acres, which is not statistically significant to the amount of open space, agricultural and other non-urban uses protected under Measure C-1990. The Project is consistent with the 65/35 limitations of Measure C-1990. 5. The Board further finds that the General Plan comprises many objectives, policies, principles, programs, standards, proposals and action plans (collectively "policies"), as well as standards. The Board finds and recognizes that the policies necessarily compete with the other. Examples of the tensions between General Plan policies are found between those policies that promote manages growth and encourage new residential construction, and those that provide for the protection of resources that exist because land is undeveloped (such as open space and visual resources). The Board has considered all applicable General Plan policies and the extent to which the Project conforms to each of these policies, and finds that the balance achieved by the Project is acceptable, and that the Project complies with all performance standards in the General Plan. Exhibit A—Humphrey Ranch Residential Project Findings Page 6 of I I 6. The Growth Management Element (Chapter 4) of the General Plan requires that all new develops demonstrate that facilities and traffic services standards are met. The Project meets these General Plan Growth Management Performance Standards as follows: a. Traffic: The Board already determined, in certifying the EIR and adopting Resolution 2004/405., that the Project will have minimal impact to the traffic 0.0 levels of service in the area and no mitigation was required. b. Water: An EBMLJD water main is located at Stone Valley Road, directly in front of the project site. The Board already determined, in certifying the EIR and adopting Resolution 2004/405 that EBMUD has sufficient capacity and will provide water service for the site. c. Sanitary Sewer: The subject property is not currently within the Central Contra Costa Sanitary District. Prior to approval of the final map, the applicant will be required to provide evidence from the Local Agency Formation Commission (LAFCO) that the site has been annexed into the Central Sanitary District. As noted in the EIR the Board already certified, the Project is within the ultimate service boundary of the Central Contra Costa Sanitary District, and existing capacity of Central Contra Costa Sanitary District is sufficient to accept the wastewater to be generated by the Project. d. Fire Protection; The Project would fall under the protection of the San Ramon Valley Fire Protection district and would likely be served by stations #32 and #33, which are within 1/2 mile of the site. The EIR already imposed mitigation measures requiring an Open Space/Interface Management Plan, which must It firefightsaddress emergency access route for fire service vehicles and and a 100 foot buffer zone between open space lands and residences, and fuel modification requirements for the buffer zone including vegetation clearing, planting of fire resistant plants, irrigation and creation of a green belt. This has been incorporated into the Project as condition#17. e. Public Protection: The standard for police protection is 155 square feet of station area and support facilities for every 1,000 population created. The Project will not trigger this requirement. The applicant is required to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created. f Parks and Recreation: The General Plan requirement for parks and recreation is 3 acres of neighborhood park for every 1,000 population created. The project will increase the population in the area by less than 100. 61.8 acres of the Humphrey Property will be offered for dedicated open space. g. Flood Control and Drainage: The Project site is not located with a 100-year flood area. A storm drain plan has been prepared for the Project which includes a 1-acre parcel to be used as a storm water detention basin. Exhibit A—Humphrey Ranch Residential Project Findings Page 7 of 11 VI. FINDINGS RELATED TO P-1 DISTRICT, AND PRELIMINARY AND FINAL DEVELOPMENT PLANS The Project approval also includes approval of a Preliminary and Final Development Plan for the Humphrey Residential Project. Notice of these Preliminary and Final Development Plans was provided pursuant to State Law and the County Code. Hearings have been held and a recommendation received from the San Ramon Valley Regional Planning Commission, also pursuant to the County Code. Pursuant to section 84-66.1406 of the County Zoning Ordinance, the County adopts the following findings. 1. Required Finding: The applicant intends to start construction with in two and one-half years from the effective date of the zoning change and plan approval. Proiect Finding: The applicant has indicated that they plan to start construction immediately after approval of the project. 2. Required Finding: The proposed planned unit development is consistent with the county general plan. Protect Finding: The proposed rezoning and final development plan are consistent with the General Plan as identified in Section IV above. The proposal to develop 24- acres of the site with 39 single family residential lots and a one acre storm water detention basin will be compatible with the revised low density single family residential (SL) General Plan Designation that it will be located in. The SL Designation identifies a density range of 1.0-2.9 units per net acre. ?'he resulting density for the 24-acre portion of the property to be developed will be 1.7 units per acre. Primary land uses that are considered compatible with the SL designation include detached single family homes and accessory structures. Sources: 2005-2020 Contra Costa County General Plan, Chapter 3, Land Use Element. 3. Required Finding: In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Proiect Finding-: The 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 proposal to construct 39 detached, semi-custom home on half=acre (average) lots is typical of the other residential neighborhoods in the vicinity. The proposed size, design and location of the residences are desirable characteristics for many homebuyers now and in the future. The Project involves the dedication of 61.8 acres to open space, which ma-V eventually be acquired by the East Bay Regional Parks District. The open space portion of the Project abuts an existing EBRPD open space area. Exhibit A—Humphrey Ranch Residential Project Findings Page9of11 The Applicant will be responsible for the development of the entire Project, which will include construction of all required improvements, including road way and stormdrain infrastructure. A homeowners association will be established to maintain the storm water detention basin and open space parcel. Source: Staff site visit, Tuesday, August 2, 2005. 4. Required Finding: The development of a harmonious, integrated plan justifies exceptions from the normal application of the code. Project Finding: If the rezoning to the P-1 zoning district were not being requested, the most appropriate district for the 24-acre portion of the site located within the Single Family Low (SL) General Plan Designation, would be R-1 5 or R-20. The applicant has indicated that the guideline used for the project is the R-1 5 zoning district. The R-15 zoning district is consistent with the SL general plan designation and consistent with the pattern of development surrounding the subject property. The development standards for the R-1 5 zoning district include a 15,000 square foot minimum lot size, with an average lot width of 100-feet. The R-1 5 district also requires a 20foot front setback, 10 foot minimum (25-foot aggregate) side yards, 1 5- foot rear yard and a 35 foot maximum height. Theproposed development standards for the project include a 20-foot setback for front-loading garages and 1 5-feet for side loading. The side yards will be 10 foot minimum (25-foot aggregate) and the rear will be 1 5-feet minimum. The proposed lot sizes range in size from 1 5.,000 square feet to 39,000 square feet, with an average lot size of 20,000 square feet. A number of the lots will have average lot widths of less than 100 feet. The layout and lot configuration of the area to be developed was done in a manner that takes advantage of the configuration and topography of the 24-acre area. Preparation of a subdivision that is consistent with the goals, policies and density requirements of the General Plan would not be feasible without the benefit of the proposed P-1. Preparation of a subdivision that would meet the requirements of R-1 5 or R-20 zoning could result in the establishment of odd shaped lots and/or require multiple variances to the lots size and width requirements of those zoning districts. Approval of the P-1 will provide a specific set of development standards unique to this project. The P-1 will provide for improved lot configuration, better street layout and residential development standards that will compliment the lot configurations and topography. Source: 2005-2020 Contra Costa County General Plan: County Code, Chapter 84-12 and 84-14. Exhibit A— Humphrey Ranch Residential Project Findings Page 10 of 11 VII. VESTING TENTATIVE MAP This approval of the Project includes approval of a vesting tentative map subdividing the 24.43-acre portion of the property to be placed within the SL General Plan designation and rezoned P-1, into 39 single-family residential lots and a 1-acre stormwater detention basin lot, and creating a separate lot for the Open Space Component. Notice of this Map was provided pursuant to State Law and the County Code. Hearings have been held and a decision to deny the map was made by the San Ramon Valley Regional Planning Commission, also pursuant to the County Code. The Applicant appealed that decision. The Board upholds the appeal and approves the vesting tentative subdivision map. 1. Required Finding: The advisory agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. Proiect Finding: As identified in Section IV above, the proposed 39 unit residential subdivision, together with the provisions for its design and improvement is consistent with the SL general plan designation and with the goals and policies of the general plan, specifically the goals and policies for the A lam o-Diablo-Blackhawk areas. The Single Family Low (SL)general plan designation in which the residential portion of the project will be located in has a density range of 1.0-2.9 units per net acre. The resulting density for the 24-acre portion of the property to be developed will be 2.1 units per acre. The SL designation also identifies single family homes and accessory structures as permitted uses within the district. Source: 2005-2020 Contra Costa County General Plan, Chapter 3, Land Use Element. 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DAVIDION HOMES (APPLICANT AND OWNER). HUMPHREY RANCH. Administrative, 1. This approval is based on the exhibits/reports received by the Community Development Department listed as follows: A. Preliminary Development Plan/Final Development and Vesting Tentative Map, Development Plan and Illustrative Plan, Sheet 2 of 10, Dated October 2004. B. Grading Plan Exhibit, Humphrey Properfv, Contra Costa County, for Davidon Homes, July,'2005. C. Preliminary Development Plan/Final Development and Vesting Tentative Map, Preliminary Grading and Utility Plan, Sheet 3 Of 10, Dated October 2004. C-.*D. Preliminary Development Plan/Final Development and Vesting Tentative Map, Preliminary Grading and Utility Plan, Sheet 3A Of 10, Dated October 2004. D-.E. Preliminary Development Plan/Final Development and Vesting Tentative Map, Stone Valley Alternative Stone Valley Road Fronta«e Improvement Plan. Sheet 1 of 1. Dated August 2005L%.%,/"%AD��ao,-,�a-����•��e I'manflevemlig.emof-tal.t. "J.A%woO%woL. %--' %_/I A k/a) A_-0 L.4,&%,%-A. %.,'L%-.v t..v%W A 5 i6w W NJ--T F. Preliminary Development Plan/Final Development and Vesting Tentative Map, Geologic Map/Preliminary Landslide Plan, Sheet 7 of 10, Dated October 2004. FG. Preliminary Development Plan/Final Development and Vesting Tentative Map, Cut/Fill Map, Sheet 8 of 10, Dated October 2004. &.H*. Preliminary Development Plan/Final Development and Vesting Tentative Map, Tree Removal Plan, Sheet 9 of 10, Dated October 2004. ISI. Preliminary Landscape Plan, Development Plan, Humphrey Property, Prepared by Rose Associates, Dated ,Tune I, 2005. F-1 Preliminary Landscape Plan, Project Entry, Humphrey Property, Prepared By Rose Associates,Dated June 1, 2005. .1:K. Preliminary Landscape Plan, Project Fencing Plan, Humphrey Property, Prepared By Rose Associates,Dated June 1, 2005. K—.L. Preliminary Landscape Plan, Landscape Section FF, Humphrey Property,Prepared By Rose Associates, Dated June 1, 2005. L—.M. Alamo Crest Residential Elevations received December 2, 2004 � N. Geotechnical Investigation for Humphrey Property, Prepared By Berlogar Geotechnical Consultants,Dated August 23, 2001. N-.0. Regional and Potential Trails Circulation Exhibit, Humphrey Property, Prepared by DK Associates. 2. This subdivision is approved contingent upon the following Board of Supervisors actions; A. Approval of the final cancellation of Land Conservation Contract No. 4-76 on the 24.43-acre portion of the contracted land area that is applicable to the Residential Component of the Project. B. Approval of the proposed General Plan amendment, County File #GP04001 0. C. Approval of the rezoning application (County File #RZ043150) placing the 24.43-acre portion of the property to be developed within the P-1 zoning district and conforming final/preliminary development plan. 3. This approval allows for a maximum of 39 residential lots, a storm water detention basin lot and two opens space lots, one of which will be maintained exclusively by the homeowners association. 4. This application is subject to an initial application fee, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. F-2 5. Except as modified by the Application Exhibits or by the conditions herein, the guide for development shall be the Single Family Residential (R-15) District, and subject to the Zoning Administrator's review and approval at least thirty(30) days prior to the issuance of building permits. Indemnification 6. Pursuant to Government Code § 66474.9, the Applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency ("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 project, which action is brought within the time period provided for in Government Code § 66499.37, and provided that the County has promptly notified the Applicant of any such claim, action or proceeding and cooperates fully in the defense. Compliance Report 7. At least 45 days prior to filing a final map or issuance of grading permit, which ever occurs first, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. The fee for this application is a deposit of$1,000 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. a. Except for those conditions administered by the Public' Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. The report shall also indicate whether the applicant believes that he has done all the applicant is in a position to do to comply with the applicable condition. ('A copy of the computer file containing the conditions of approval may be available; to try to obtain a copy, contact the project planner at 335-1206.) b. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the condition of this report prior to filing the final map. CC&Rs 8. Covenants, Conditions and Restrictions shall be submitted for review with the final map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking,, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The maintenance of the soil nail wall and area around tree #48 (36" Valley Oak) shall be included in the common areas to be maintained by the HOA. F-3 The CC&R's shall incorporate a requirement that all. new owners shall coml�-.Aete front ya:rd. 1andscapi'myJ" to their home no later than 6 months from the close of escrow. Such landscaping shall be in accordance with landscape _guidelines developed by the.,.,prof ect applicant for inclusion in the Homeowner documents. The CC&R's shall, prohibit homeowners from plantin, invasive species of plants as identified in the California Exotic Pest Plaa.-it Council's---(CaIEPPC) list of Exotic Pest Plants of Greatest Ecological Concern in California and the reviewer's knowledge of invasive species. {NIM, Biological-4) Child Care 9. At least 30 days prior to filing a Final Map, the applicant shall submit two copies of a demand study for child care facilities generated from the future project residents and an appropriate response program in accord with Ordinance 88-1. the Child Care Ordinance. The demand study and response program shall be subject to the review and approval of the Zoning Administrator. Urban Service Reorganization 10. Urban Service Boundary Reorganization shall be consummated through the Local Area Formation Commission. Prior to filing a final map or 'issuance of a grading permit, whichever comes first, evidence shall be submitted to the Zoning Administrator that the entire site that the entire site has been annexed to the Central Sanitary District. Transportation Demand Management 11. Prior to filing the final map, the applicant shall contact the local transportation, Contra Costa County Connection to determine services presently provided or planned in the future. The applicant shall provide evidence to the satisfaction of the Zoning Administrator that the Transportation Demand Ordinance has been fulfilled. Police Services 12. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. 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 filing the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time the election is requested by the owner. Allow a minimum of three to four months for processing. F-4 Park Dedication 13. Prior to the recording of the final map, the applicant shall provide evidence, for review and approval of the Zoning Administrator, of compliance with the County Park Dedication Ordinance (Division 920). This may include evidence of dedication of the open space to the East Bay Regional Parks District or other suitable public agency, in lieu of payment of fees. If the open space parcel has not been accepted by the County or EBRPD prior to recording of final map, a $.2,000 per unit park dedication fee shall be required. Open Space 14. The applicants shall, if feasible, transfer the open space component in fee to the EBRPD, or preserve open space uses by whatever means are acceptable to the EBRPD. If involvement of the EBRPD proves infeasible, the applicants shall, if feasible,, transfer the open space component in fee to a private conservation organization such as Save Mt. Diablo, or preserve open space uses by whatever means are acceptable to the private conservation organization. If involvement of a private conservation organization proves infeasible, the applicants shall convey an open space easement to the County, with the Homeowners' Association holding fee title and responsible for maintenance, and a conservation easement to be entered into between the Association and the County to ensure that the 63 acres will be maintained as agricultural and/or open space land. (MM. Land Use — 1. Open Space) 15. Development rights shall be grant deeded to the County for the 61.83-acre open space parcel to be maintained by the homeowners association and for all permanent open space areas. 16. An Open Space/Interface Management Plan shall be developed to help minimize potential wildland fires and the damage to residences and people that could occur with fire. The plan shall i ��t ncorporate ^ti'd y,� d� IL+^ the following: • Emergency Access Routes for fire service vehicles and firefighters. • The creation of a separate open space parcel to be maintained exclusively by the Homeowners association. The parcel shall include the area between the rear of lots 17-22 up to the 700-foot elevation line. The intent of this is to ensure that a fire buffer zone and slide areas identified on sheet 7 of 10, are maintained by the Homeowners association exclusively, and not any future property owner of the open space. • For the Residential Component, a requirement of a buffer zone between open space lands, up to the 700-foot elevation line, and residences and fuel modification requirements for the buffer zone (including but not limited to F-5 vegetation clearing, planting of fire resistant plants, irrigation, creation of a green belt, etc.). The plan could also include computerized modeling of potential wildland fire paths in the area. Trees and Tree Preservation 17. The Tree Preservation Guidelines designed by HortScience (2002) shall be implemented. A tree protection zone should also be established around tree number 48, 63, and 84 as described in the Tree Preservation Guidelines. 18. The Project proponent shall replace each eligible native heritage status tree with 5 planted trees. The species of trees to be used to replace the heritage trees shall be valley oak (Quercus lobata) and coast live oak (Quercus agrifolia) or the trees can be replaced in-kind if there is enough water to grow yellow willow (Salix lucida ssp. lasiandra), box elder (Acer negundo), and California black walnut (Juglans hindsii) at the mitigation site. The Project proponent shall develop a mitigation plan for the replacement trees which shows the location of the mitigation site, locate the replacement trees within the mitigation site, discusses irrigation requirements, establishes performance criteria, and develops monitoring protocols. The spacing of the planted trees should be 20 feet apart. Tree mortality can be 10 percent without adding replacement trees. The plan shall also discuss the rationale for the success of the proposed mitigation. (MM. Biological —3. Tree Loss) 19. Less dense trees, and landscaping, shall be used for screening along Stone Valley Road, in order to retain a more open view. A revised Stone Valley Road frontal landscape plan shall be prepared showing less dense, further spaced screening vegetation, or screening that has more of a buffer to the north of Stone Valley Road. The number of Redwood trees on the landscape plan shall be reduced, so that the view of the background hills to the northeast/east, from the designated scenic roadway of Stone Valley Road, is partially retained. To the extent feasible, the vegetation shall mimic a natural and randomly occurring landscape to retain as much of the existing feel of the Project site as possible. The landscaping plan shall detail plant and tree species and how it would be placed around the development, specifically along Stone Valley Road. 20. Prior to the recordation of the final map, the applicant shall record a deed disclosure for lots 32 and 33 informing future property owners that maintenance of the soil nail wall and area around oak tree #48 (36" Valley Oak) will be the responsibility of the homeowners association. 21. To assure protection and/or reasonable replacement of existing trees to be preserved (trees #48, #63 and #84) which are in proximity to project improvements, the applicant shall post a bond (or cash deposit or other surety) for F-6 the required work with the Community Development Department. The term of the bond shall extend at least 24 months beyond the completion of construction. Prior to posting the bond or deposit, a licensed arborist shall assess the value of the trees and reasonable compensatory tern s in the event that a tree to be preserved is destroyed or otherwise damaged by construction-related activity. The tree bonding program shall be subject to the review and approval of the Zoning Administrator. 22. The developer and applicant shall adhere to the following tree preservation standards required by Section 816-6.1202 of the County Code: A. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with trees to be preserved, the applicant shall install fencing at the dripline or other area as determined by an arborist report of all trees adjacent to or in the area to be altered. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate County staff. Construction plans shall stipulate on their face where temporary fencing intended to protect trees is to be placed, and that the required fencing shall be installed prior to the commencement of any construction activity. B. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline unless indicated on the grading plans approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the roots. Upon completion of grading and construction, an involved arborist shall prepare a report outlining further methods requiring for tree protection if any are required. All arborist expense shall be borne by the developer and applicant. C. No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the dripline of any tree to be saved. D. All work that encroaches within the dripline of a tree to be preserved shall be conducted under the supervision of a certified arborist. Residential Design 23. The guideline for residential development shall be the R-15 zoning district, except for the following: • Front setbacks shall be reduced to 20-feet for front loading garages and 15-feet for side loading garages. F-7 • Two story maximum-with a height m.axi.m.um of 3412 feet for all residences, with the exception of lots 31 & 32 which shall be limited to single story and 28-feet in.hei.W-it. Landscaping 24. Comply with the following landscape/irrigation improvement and initial protection requirements subject to the review and approval of the Zoning Administrator: A. Final Landscape Plan: At least 60 days prior to the issuance of a grading permit or acceptance of a final map (whichever comes first), a final landscape/irrigation plan, prepared by a licensed landscape architect shall be submitted to the Community Development Department (CDD) providing for landscape improvements of common areas, areas within the public right-of-way and on the 9.6-acre San Ramon Valley Unified School (SRVUSD) property. The Final Plan shall be designed in general accord with the preliminary landscape plan exhibit, prepared by Rose Associates, dated June 2, 2005, which was submitted with the application. 1. Minimum Size Plants: All proposed trees shall be a minimum of 15-gallon size; all shrubs shall be a minimum 5-gallon size. 2. Maintenance Cost: Landscaping shall generally be designed to minimize landscape maintenance cost. 3. Compliance with Water Conservation and Sight Obstruction Ordinance Requirements: The landscape plan shall contain sufficient information to demonstrate compliance with the reporting requirements and standards of the Water Conservation Landscaping in New Developments ordinance (Chapter 82-26) or better, and the Sight Obstruction at Intersections ordinance (Chapter 82-18). The latter ordinance applies to intersections with public roads. The landscape architect shall certify that the plan complies with the ordinance improvement standards and reporting requirements. B. Security to Assure Correct Installation of Landscape Improvements and Replacement of Failed Improvements Following Initial Installation- The landscape plan shall be accompanied by an itemized estimate from the landscape architect or landscape contractor of the cost of materials and labor for the proposed improvements. Prior to issuance of a building/grading permit or acceptance of a final map, whichever comes first, the applicant shall (1) enter into a landscape F-8 agreement and (2) post a cash performance bond or security for the approve landscape plan. The above agreement shall assure (1) the correct installation of the approved landscape improvements, and (2) the replacement or repair of the improvements for a minimum 24-month period following the date of the acceptance of the improvements of the Zoning Administrator in the event of plant failure or other or damaged or deficient improvement. Prior to filing a landscape agreement proposal, the applicant shall contact the project planner to obtain the appropriate forms and filing fees. Acceptance of the security instruments in excess ofa certain amount requires acceptance from the Board of Supervisors. C. Landscape Architect Report on Survival of Plants-One Year After Plantin - At least 12 months following the date of the Zoning Administrator acceptance of the completion of the landscape improvements and no later than 18-months after said date, the Landscape Architect shall make an on-site inspection of the improvements for any failed or failing plants shown on the approved landscape plans. Substitution of non-performing plants will require approval of the Zoning Administrator. Before the Community Development will consider the release or partial release of the landscape bond the inspection findings of the landscape architect and any corrective action initiated by the applicant shall be submitted in a written report to the Community Development Department. A copy of the report shall be forwarded to the HOA. +�,� 4b f-cm 'n-lap-16 i:nJi:11idlial ,,,,;+J.XX N-OF L %e%1&%AA0O JL X JLJLA%I&l V U&L A A 25. Delete. n��O.W.- te x fi-:na] btlild' 01 4 id I x I"=zar r,h r,I I xi d r­xi i cl---in a Ins th A:X :Z A d- S+rutpv th Qt f�-arltl IQ e-r%-1 I CIA I AAA o, I 26. Plants used for landscaping and erosion control should be restricted to native plant species and non-invasive ornamental plant species. The final landscaping plan should be reviewed for invasive plants using the California Exotic Pest Plant Council's (CaIEPPC) list of Exotic Pest Plants of Greatest Ecological Concern in 41 California and the reviewer's knowledge of invasive species. The plant palette .shall be reviewed for invasive species prior to approval of the grading plan by a botanist. The species in Table 4.6-1 shall be omitted from the plant palette. In addition,, codes, covenants and restrictions (CC&R's) shall prohibit subsequent planting of these plants by individual homeowners. In addition, the landscape contractor should be informed that they must notify the Community Development Department or SRVLTSD if any substitutions are made during plant installation. This will help to protect the preserved open space areas F-9 from further introduction of invasive species. (MM. Biological—4. Colonization by invasive species) Pedestrian/Equestrian Trail Easement 27. Prior to recording of the final map, the applicant shall make and irrevocable offer of dedication of a 250-foot wide floating;pedestrian and equestrian trail easement, to the East Bay Regional Parks District or other appropriate public agency, as identified on the Regional and Potential Trails Circulation Exhibit submitted with the application. The applicant shall provide evidence to the Zoning Administrator that the dedication has been made prior to recording of the final map. Cultural Resources 28. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations. 29. In accordance with Section 7050.5 of the Health and Safety Code and Sections 5097.94 and 5097.98 of the Public Resources Code, if human remains are discovered during excavation, work shall immediately stop at the construction site, the County Coroner shall be contacted, and the Native American Heritage Commission shall be contacted. If the remains are determined to be Native American in origin, the remains shall be protected, and the most likely descendants shall be notified. (MM. Cultural 1. Undiscovered Cultural Resources) 30. Prior to approval of a grading plan, a well survey shall be conducted to determine the location and characteristics of each well. The survey shall be conducted and documented by a State-registered geologist or engineer, and the results submitted to the County for review. Identified water supply wells shall either be: (a) properly abandoned in compliance with the California Department of Water Resources, California Well Standards prior to final approval of the grading plan, or (b) inspected by a qualified professional to determine whether each well is properly sealed at the surface to prevent infiltration of water-borne contaminants into the well casing or surrounding gravel pack, and sealed if necessary according to the California Well Standards. Documentation of the inspections and seal installations, if any, shall be provided to the County prior to final approval of the grading plan. . (MM. Cultural— 1. Undiscovered Cultural Resources) Grading C:'onditi on F-10 3 1. Prior to-approval of a gradin,,,-,plan_,----a wellsurvey sballbe conducted to determine ----------- tlie location, and characteristics of each well. The survey shall be conducted and documented by a State-rea,istered--geol,ggist or engineer, and. the results submitted to the County for review. Identified water supply wells shall either be: (a) Properly---abandoned in compliance with the California Department of Water Resources. California Well Standards prior to final approval of the ing plan, or (b) inspected by a qualified -professional to determine whether each well is properly,--sealed at the surface to prevent infiltration o:F water-borne contaminants -into the well casine, or surroundinggavel pack, and sealed if necessary accordi.n�; ------ to the California Well Standards. Documentation of the inspections and seal installations, if an-v, shall be provided to the County-prior to final-approval of the gradingulan.(MM.Hydro?) 32. Prior to issuance of gradiiig permit the plant palette shall be reviewed for invasive species by a---botanist. Plants used for landscaping and erosion control should be restricted to native-plant species and non-invasive ornamental plant species. The final landscaping plan shouldbe reviewed for invasive plants usinv, the California Exotic Pest Plant Council's (CaIEPPC) list of Exotic Pest Plants of Greatest Ir Ecological. Concern in Californiaaland the reviewerIC, knovvledge of invasive spec,jes. In addition, codescovenants and. restrictions (CC&R's) shall prohibit subsequent plantingof these plants b- individual home owners.. 1 33. Within 30 days following the date of the Board's decision 2pprovinu the vesti.n tentative subdivision map, the p-plicant, shall provide one of the following; to the ZoningAdministrator : (a) evidence, acceptable.to the Zoning-Administrator that applicant has obtained pernlission to enter and---g rade upon lots 48 thrli 54 of the Monte Sereno neighborhood in accordance with the-g- adimy plan dated July 2OUS and resentedto the Planning Commission at their meeting of July 201 2005 or(b) cant has not obtained -permission to a letter fiom the applicant stating that applicant enter and grade on lots 48 th.ni 54. In the event that the applicant has not obtained permission to enter and ade-,--. the applicant will submit to the Zoni.nz Administrator a revision to the July 2005 plan depictin� no cyradincy on th.e Monte Pn J"n Sereno Lots. This revisedplan will incorporate construction details. including the height and length of retaining walls required to complete the proiect adin� in accordance withthe original grading concept. The revised flan must be approved by the Zoning Administrator prior to the issuance of the gradinTpern-1it. Geologic Conditions x-:34. Landslides A and B shall-be.removed and the slide debris shall be replaced with well-drained compacted fill. This will require remedial grading of the hillside to an elevation of approximately 590 feet for Landslide A and,670 feet for Landslide B. Landslide C is not located above the proposed development and F-11 therefore would not impact the building site if it were to slide in the future. (MM. Geology—1. Potential for Landslide Hazards) 3205. To address the shallow deposits of landslide debris in the hillside ravine areas along the north and west sides of the site (Landslides A, B and D), well- drained buttress fills shall be constructed and founded in the firm bedrock materials underling the hillsides. Colluvium (the unstable surficial hillside soil that mantles most slopes to a depth of a few feet) exposed in cut slopes will warrant remedial treatment, which will include complete removal of a portion of the colluvium in the cut slope, or removal of the colluvium and replacement with engineered fill. The buttresses shall be of sufficient depth and size so as to provide adequate lateral support to the upslope area. The routine, small-scale remedial grading efforts are sufficient for the Project, and an engineered slope stability analysis is not needed. (MM. Geology — 1. Potential for Landslide Hazards) 3-3-.36. During grading, the Project geotechnical engineer and engineering geologist shall observe all slopes disturbed by the mass grading operation for the possible presence of natural springs and seeps. If deemed necessary by the Project engineer, remedial actions shall be implemented. Remedial actions commonly include the construction of lateral subdrains and/or "finger drains" to intercept seeping water,.or the use of hydraugers, which are deep horizontal drains which are drilled-directly into the spring area. (MM. Geology— 1. Potential for Landslide Hazards) X4-37. Geotechnical design considerations for a drainage and subdrainage system shall be coordinated with hydrologic design and planning of the storm drains system. This will ensure that storm water detention basins can safely be constructed in areas of landslide activity and that flows from the subdrain system are accounted- for together with storm water runoff in designing and operating facilities to prevent downstream flooding. In addition, drainage (in swale areas where weak soils tend to accumulate to greater depths) is a primary consideration and geotechnical concerns must be coordinated with drainage facilities. (MM. Geology—1. Potential for Landslide Hazards) X3 8. Following finish grading, the grading areas will be seeded with an appropriate vegetation mix to prevent erosion and promote habitat values. (MM. Geology—1. Potential for Landslide Hazards) X3 9. The recommendations made by BGC (August 2001) for cut and fill slopes, foundation systems, retaining walls, exterior flatwork, utility trenches, seismic hazards, pavement section, corrosion considerations, and cut/fill transition lots shall be implemented. Specifically, the following measures shall be implemented to ensure potential soil settlement and movement impacts are addressed: F-12 t1-1 f • Fills for the site shall be designed to account for post-construction conditions, and/or monitoring the fills following the completion of construction. The design of the fill shall be engineered to account for changes in soil moisture content over time and should be based on the results of long-term consolidation tests. A fill settlement monitoring program may be required considering the depths and extent of the proposed fills. The monitoring program shall be designed by the Project geotechnical engineer, once-the development and grading plans have been finalized. • Relatively uniform soil conditions.shall be achieved across pad areas. This can be accomplished by over-excavating the areas underlain by the native soil materials and replacement with new compacted fill. The depth of the required over-excavation would be dependent upon the actual differential thickness of the new compacted fill placed during grading, but it is expected that 3 to 5 feet would be required. Exact fill specifications will be provided to the Contra Costa County Building Inspection Department by the Project engineer prior to grading permit approval. • Undocumented fill materials shall be removed down to firm competent soil or bedrock prior to placement of new compacted fill. As these soils were likely generated onsite, they can likely be reused as fill at the required locations on the property. The determination for reuse can be made during grading by the Project geotechnical engineer. All materials determined by the geotechnical engineer as being unsuitable for the intended purpose shall be removed from the site and not incorporated into the new compacted fills. (MM. Geology—2. Potential for Landslide Hazards) 37L.4 0. The design of the fill shall be engineered to address expansive soils. The fills shall reflect the results of swell tests performed on representative samples of soil to be used as near surface fill. The tests should reflect the as-constructed soil moisture conditions, compaction method used, and anticipated changes in soil moisture content due to climatic conditions and changes brought about the development of the site. (MM. Geology—3. Potential for Landslide Hazards) �:A I. Site drainage facilities shall be designed by the Project civil engineer to prevent ponding of water during and after grading. Each lot shall be designed to drain freely to an erosion resistant drainage facility. This would likely include construction of drainage swales around all structures located on level graded building pads. (MM. Geology—3. Potential for Landslide Hazards) 3442. At the completion of the mass grading operation the Project geotechnical engineer shall observe and test the expansion potential of soils exposed in the building pad areas. Based on these observations and tests, the foundation systems for the proposed residences shall be designed to resist the anticipated forces. Specific building approaches that may be implemented include the use of deep pier and grade bean or structural mat type foundation si.stems, measures to reduce uplift F-13 pressures, lime treatment of soil, or construction of subdrain systems. (MM. Geology—3. Potential for Landslide Hazards) 4043. Prior to the issuance of the building permit for the first residence, the applicant shall provide evidence acceptable to the Zoning Administrator that the above listed measures have been complies with. Construction Conditions 4-17744. Prior to issuance of a building permit for demolition, renovation, or re- roofing of the existing buildings, an asbestos survey shall be conducted under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. All potentially friable asbestos-containing materials shall be removed, consistent with NESHAP standards, prior to building demolition. (MM. Hazmat —1. Hazardous Building Materials) 4-2L.45- A lead survey of the painted building surfaces and surrounding soil shall be conducted. If the lead-based paint is still bonded to the building materials, its removal is not required prior to demolition. The requirements outlined by Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1532.1 shall be followed during demolition activities. These requirements include employee training, employee monitoring, and dust control. If lead-based paint is peeling, flaking or blistered, it shall be removed prior to demolition. Any debris or soil containing lead paint or coating must be disposed at landfills that have acceptance criteria for the waste being disposed. (MM. Hazmat—1. Hazardous Building Materials) 4.3-.46. The Applicant shall comply with the following construction noise, dust,, litter control and construction traffic requirements: A. Noise generating construction activities, including truck traffic coming to and from the site, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on Saturday and Sundays and on County recognized state and federal holidays. The applicant shall avoid creating construction traffic during school hours, which are 71:00 to 8:30 AM and 3:0 0 to 4:00 PM during-the school year. Noise generating activities of this type shall be prohibited on Saturdays, except as approved by the Zoning Administrator on a case-by-case basis as necessary to complete grading before the close of the grading season. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors; concrete pumpers and power generators as far away from existing residences as possible. Unnecessary idling of internal combustion engines shall be prohibited. F-14 C. Prior to the commencement of any construction (e.g. grading, demolition) on the site, the applicant shall designate a construction supervisor to serve as a noise disturbance coordinator. The coordinator will be responsible for responding to any,inquiries/complaints regarding noise activity on the site. The name, title, -and telephone number,of the coordinator shall be posted conspicuously at the" project site. The coordinator shall .transmit to the Community Development Department at two weeks intervals, any records of any complaints along with the disposition. D. At least one week prior to commencement of grading or construction, the Applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within 500 feet of the exterior boundary of the project site as shown on the latest equalized assessment roll. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. A copy of all notices shall be concurrently transmitted to the Community Development Department. A list of the names and addresses of the property owners noticed, and a map identifying the area noticed shall accompany the notice. E. At least 30 days prior to the issuance of a grading permit, a plan shall be submitted to the Zoning Administrator for review and approval, addressing construction noise, dust, litter and construction traffic, along with specific measures to address these impacts. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. If necessary, construction work shall not be allowed to resume until an appropriate construction bond has been posted. F. The Applicant shall not interfere with existing neighborhood traffic flows. An on-site area in which to park earth-moving equipment and employee vehicles shall be provided. G. The worksite shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. H. All chemicals and petroleum products stored on-site during construction shall be within a bermed containment area or other appropriate facility. The F-15 handling, storage and disposal of any hazardous materials used on the site will be in accordance with a business plan (or equivalent) on file with the County Health Services Department, Hazardous Materials Division. All refueling and vehicle maintenance activity shall be located away from the creek corridors. Construction and Demolition Debris 44:47. At least 30 days prior to the issuance of the building and/or Demolition Permit(s), the developer shall submit a "Debris Recovery Plan" demonstrating how they intend to recycle, reuse or salvage building materials and other debris generating from the demolition of existing building and/or the construction of new buildings. At least 30 days prior to the final inspection of the first residential unit not including models, the developer shall submit a completed "Debris Recovery Report" documenting actual debris recovery efforts including the quantities of recovered and landfilled materials) that resulted from the project. Biological Conditions 4-5-.48. All permits required by law shall be obtained from the USFWS, CDFG, RWQCB, USACE, and USEPA, and all mitigation measures required by federal and state law to reduce, offset, or avoid impacts to any species listed under either the state or federal Endangered Species Act or protected under any other state or federal law shall be implemented. Evidence of compliance with these requirements shall be submitted to the Zoning Administrator at least 30 days prior to the filing of a final map and prior to the issuance of any grading or building permits. 46-.49. To avoid disturbance to active raptor nests, the following measures shall be implemented if grading is to occur within the nesting season (February 1 to August 31). If grading will occur outside of the raptor-nesting season, no mitigation is necessary. The following measures are: o A qualified biologist shall conduct a pre-construction survey within 21 days of the beginning of grading or tree removal to search for active nests. The results of the survey shall be summarized in a letter submitted to the Contra Costa County and DFG, prior to grading. o If nesting raptors are found during the survey, no grading or tree removal will occur within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist), or until the proponent receives written authorization from DFG to proceed. If impacts to nest trees are unavoidable, they shall be removed during the non-breeding season. o Standard take avoidance measures including a monitor during initial clearing of vegetation, an exclusion fence along the northern boundary of F-16 the grading, and an education program for contractors working on site. (MM. Biological—1. Raptors) X5 0. To avoid disturbance to nesting California horned larks and loggerhead. shrikes, the following measures shall be implemented if grading is to occur within the nesting season (March 1 to July 3 1). If grading would occur outside of the nesting season,no mitigation is necessary. The following measures are: • A qualified biologist shall conduct a pre-construction survey within 21 days of the beginning of grading or tree removal to search for active nests. This survey could be conducted in conjunction with the raptor survey discussed above. The results of the survey shall be summarized in a letter submitted to the Contra Costa County and DFG, prior to grading. • If nesting California horned larks or loggerhead shrikes are found during the survey, no grading or tree removal will occur within 200 feet of an active nest until the young have fledged, as determined by a qualified biologist, or until the proponent receives written authorization from DFG to proceed. If impacts to nest trees are unavoidable, they shall be removed during the non-breeding season. • Standard take avoidance measures including a monitor during initial clearing of vegetation, an exclusion fence along the northern boundary of the grading, and an education program for contractors working on site. (MM. Biological—2. Raptors) Noise Conditions 45 1. Prior to recordation of the final map, the subdivider shall prepare a deed disclosure,, for review and approval of the Zoning Administrator, informing future property owners of the potential development of the 9.6-acre school district property. The approved disclosure shall be recorded with the deeds of all lots within the subdivision. 4-9- -.52. Structural noise mitigation shall be incorporated into the design of the residence proposed for construction on Lot 3., to the extent necessary, to achieve an acceptable interior noise level of 45 dBA DNL. The specific measure(s) to be implemented shall be determined based on an acoustical mitigation investigation.) which shall be prepared by a qualified acoustical consultant, engineer, or architect with prior experience in mitigating traffic noise. Mitigation measures shall ensure that interior noise levels within habitable areas of the residence are reduced to an acceptable level of 45 dBA DNL/CNEL. Such measures include, but are not limited to, the use of one or more of the following measures: F-17 0 increased setback of dwelling from roadway, * construction of a sound barrier, 0 use of increased wall insulation, 0 and installation of dual-glazed windows and laminated glass (MM. Noise — 5. Compatibility of Proposed Land Uses With Predicted Traffic Noise Contours—Cumulative Plus Project (Year 2020) Conditions) Water Conservation Measures X53. Water conservation measures for both internal and external use should be incorporated into the design and construction of the Project. Project sponsor should adhere to local landscape ordinances regarding Water Conservation Landscaping in New Developments (Contra Costa County Ordinance 90-59, Chapter 82-26). -54—.54. Implementation of recommended Enhanced Control Measures (ECM) for controlling construction-generated fugitive dust. These measures include: 1) Water all active construction areas at least twice daily. 2) Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain at least two feet of freeboard. 3) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,parking areas and stages areas at construction sites. 4) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. 5) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 6) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). 7) Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). 8) Limit traffic speeds on unpaved roads to 15 mph. 9) Install sandbags or other erosion control measures to prevent silt runoff to public roadways. 10)Replant vegetation in disturbed areas as quickly as possible. Street Names �.5'"5. At least 30 days prior to filing the Final Map, proposed street names (public and private) shall be submitted for review by the Community Development Department, Graphics Section (Phone #335-1270). Alternate street names should be submitted. The Final Map cannot be certified by the Community Development Department without the approved street names. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR F-18 SUBDIVISION 04-8905 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the Vesting Tentative Map received by the Community Development Department on October 19, 2004. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP. General Requirements: 5-3-.56. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions there from must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Vesting Tentative Map received by the Community Development Department on October 19, 2004. 54-.57. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this Subdivision. These plans shall 'Include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. Roadway Improvements (Stone Valley Road): -5-5-.58. Applicant shall construct curb, 5-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, pavement widening, transitions,, and street lighting along the frontage of Stone Valley Road between Street "A" and the easterly property line of the San Ramon Valley Unified School District property where existing frontage improvements end just west of Monte Sereno Drive. Pavement widening and transitions shall provide fora 56-foot road width with left turn channelization and landscaped medians. This shall specifically include one 14-foot wide travel lane in each direction, one 6-foot wide bike lane in each direction, and a 16-foot landscaped median. Where left- turn pockets are required for left-turn movements into the proposed soccer field parking lot and existing Monte Vista High School parking lot, a 14-foot wide left- turn pocket shall be provided. The roadway improvements shall be constructed along both the north and south sides of Stone Valley Road, with the exception of curb, gutter, and sidewalk along the south side where these facilities already exist. F-19 X59. The applicant shall submit a preliminary improvement sketch plan and profile to Public Works for review showing all required improvements and right of way fronting the project and off-site along Stone Valley Road. The sketch plan shall be to scale, show horizontal and vertical alignments, transitions, curb lines, lane striping, and cross-sections. 5-7-.6U. The applicant shall work with the Town of Danville to acquire rights of entry and/or encroachment peri its from the Town in order to construct full road improvements on Stone Valley Road. If the necessary rights of entry and/or encroachment permits cannot be acquired prior to filing the final map, the applicant shall submit a sketch plan indicating interim improvements along the project frontage, subject to the review and approval of the Public Works Department. The sketch plan shall be to scale and shall reflect interim improvements and right of way, shall include horizontal and vertical alignment of travel lanes, shoulders, turn lanes, and necessary pavement transitions as well as provide appropriate signing and striping. The applicant shall construct the interim improvements in accordance with the approved plans for the road section required on Stone Valley Road. The interim improvements shall meander around the Town of Danville right of way. The interim improvements shall allow for the future construction of the ultimate road widening as defined above in these conditions of approval. x-:61. Applicant shall construct pavement widening and transitions along the frontage of Stone Valley Road between Street"A" and the westerly property line. Pavement widening shall result in a 56-foot road width with left turn channelization, landscaped medians, and transitions to match existing road improvements on Stone Valley Road at the westerly property line. This shall specifically include one 14-foot wide travel lane in each direction, one 6-foot wide bike lane in each direction, and a 16-foot wide landscaped median. A 14- foot wide left-turn pocket shall be provided for eastbound left-turn movements onto Street "A". A center turn lane shall be provided for turning movements in and out of the Oakhill Park parking lot. The roadway improvements shall be constructed along both the north and south sides of Stone Valley Road. The applicant shall extend the curb, gutter, and sidewalk on the south side of Stone Valley Road to Glenwood Court. -54-.62. The applicant shall submit a preliminary improvement sketch plan and profile to Public Works for review showing all required improvements and right of way fronting the project and off-site along Stone Valley Road. The sketch plan shall be to scale, show horizontal and vertical alignments, transitions, curb lines, lane striping, and cross-sections. 64:63. _The applicant shall work with the Town of Danville to acquire rights of entry and/or encroachment permits from the Town in order to construct full road improvements on Stone Valley Road. If the necessary rights of entry and/or encroachment permits cannot be acquired prior to filing the final map, the F-2.0 0 applicant shall submit a sketch plan indicating interim improvements along the project frontage, subject to the review and approval of the Public Works Department. The sketch plan shall be to scale and shall reflect interim improvements and right of way, shall include horizontal and vertical alignments of travel lanes, shoulders, turn lanes, and necessary pavement transitions as well as provide appropriate signing and striping. The applicant shall construct the interim improvements in accordance with the approved plans for the road section required on Stone Valley Road. The interim improvements shall meander around the Town of Danville right of way. The interim improvements shall allow for the future construction of the ultimate road widening as defined above in these conditions of approval. 64-.64. _Applicant shall construct a minimum 42-foot wide project entrance/exit to accommodate a minimum 16-foot wide inbound lane and two outbound lanes. The outbound lanes shall consist of one minimum 12-foot wide right-tum lane to access westbound Stone Valley Road and one 14-foot wide left-turn lane to access eastbound Stone Valley Road. The road shall gradually transition from a 42-foot width to a 36-foot width between the project entrance/exit and the northerly curb return of Court"C" and remain uniform at 36 feet thereon. 62L.65. Applicant shall construct a street-type connection with 20-foot radii curb returns at all intersections within the project including theproject entrance/exit (Street"A"). 63766. Applicant shall install pedestrian ramps at all curb returns within the project as well as-along the frontage of Stone Valley Road. Adequate right of way shall be dedicated at the curb returns along the project frontage to accommodate the returns and curb ramps. A detectable warning surface (e.g. truncated domes) shall be installed as part of all curb ramp construction. 64-.67. The applicant shall install safety related improvements on all streets (including traffic sips and striping) as approved by Public Works. Traffic Signal: 65-o68* Applicant shall contribute a one-quarter share of the estimated cost to construct a signal at the intersection of Stone Valley Road and the future entrance to the soccer field/school parking lot. The funds shall be deposited into the County's Road Improvement Trust Fund (No. 819200-0800) and be designated for the construction of a signal at this location. Roadway Improvements (On-Site): 66-.69, Applicant shall construct the on-site roadway system to current County public road standards with a minimum traveled width of 36 feet within a 56-foot F-21 right of way, as shown on the Preliminary Grading and Utility Plan (Sheet 3 of 10). Cul-de-sac turnarounds shall have minimum 35-foot radii. 6-7-.70. Applicant shall construct a turnaround at the terminus of the driveway serving proposed Lot 32 if required, subject to the review of the Fire District. 68-.71. Use of stamped concrete or other alternate paving material at the Street "A"project entrance shall not be permitted by the Public Works Department. Access to Adjoining Property: Proof of Access €i4'-:72. Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. 70-.73. Applicant shall furnish proof to Public Works that emergency vehicle access (EVA) is available from the terminus of Street "A" to Monte Sereno Drive and from the terminus of Stone Valley Oaks Drive to Street "A" on an alignment subject to Public Works review and the review and approval of the Zoning Administrator. Through traffic, other than emergency access, shall not be permitted to use these emergency vehicle access roads. Encroachment Permit 74-.74. Applicant shall obtain an encroachment permit from the County's Application and Permit Center for construction of improvements within the right of way of Stone Valley Road. 7277.`5'. Applicant shall obtain an encroachment permit from the Town of Danville for any improvements constructed within the right of way of Stone Valley Road that are within the Town limits. Site Access 7-3-.76. Applicant shall relinquish abutter's rights of access along the Stone Valley Road frontage of this property, with the exception of the Street "A" entrance, as specifically approved under these conditions of approval. Road Dedications: 7-4,, -.7 7. The applicant shall convey to the County, by Offer of Dedication,, right of way as necessary to provide an 84-foot width along the frontage of Stone Valley Road according to the "Precise Alignment" established by the County in 1967 F-22 (drawing PA-4331 on file with-the Public Works Department). The applicant shall work with the San Ramon Valley Unified School District to dedicate right of way along the soccer field and proposed parking lot frontage. If the applicant is not successful in working with the San Ramon Valley Unified School District in dedicating the necessary right of way along the soccer field/parking lot parcel owned by School District, the applicant shall submit a letter to that effect from the School District and this condition of approval shall be eliminated. The applicant shall dedicate additional right of way, as necessary, along the north side of Stone Valley Road to accommodate interim improvements, if necessary, adjacent to the Town of Danville right of way. 7-S-.78. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned width of 56 feet for each of the following: Street "A", Court"B", and Court"C", including additional right of way to accommodate the cul-de-sac at the terminus of each street. Sight Distance: 74-.79. Provide sight distance at the Street"A"entrance and entrance to the soccer field parking lot entrance for a through traffic design speed of 45 miles per hour. Landscaping, walls, fences, signs, or any other obstructions must be placed to maintain adequate sight distance. X8 0. Provide sight distance at all on-site roadway intersections for a through traffic design speed of 35 miles per hour in accordance with Chapter 82-18 of the County Ordinance Code and County corner sight distance standards. Landscaping, walls, fences, signs, or other obstructions must be placed to maintain adequate sight distance. Maintenance of Facilities: x-81. A homeowner's association (HOA) or other acceptable entity other than the County or the Flood Control District shall be formed to insure maintenance of all common areas, public and private landscaped areas, retaining walls within public right of way, perimeter walls/fences, EVA's,, and the detention basin, including the outfall into the public right of way. Neither the County nor Flood Control District will accept these facilities for maintenance. X82. Applicant shall develop and enter into a maintenance and plan of operation agreement that will insure that all common areas, public and private landscaped areas, retaining walls within public right of wa-�vperimeter walls/fences, EVA's, and the detention basin will be maintained, for the review and approval of the Public Works and Community Development Departments. F-23 X 8 3. Applicant shall record a Statement of Obligation, in the form of a deed notification, to inform all future property owners of their legal obligation and specific responsibilities to maintain all common areas, public and private landscaped areas,retainingwall within public right of wawperimeter walls/fences, EVA's, and the detention basin. 84-. The applicant shall apply to Public Works for annexation to the County Landscaping District AD 1979-3 (LL-2) for the future maintenance of public landscaping and automatic irrigation facilities prior to filing of the Final Map. This may entail annexation to the existing zone (Zone 36) and/or formation of a new zone. Pedestrian Facilities: 885. Curb ramps shall be designed and constructed in accordance with current County standards. Truncated domes shall be installed on all curb ramps. Adequate right of way shall be dedicated at the curb returns to accommodate the returns and curb ramps. 8-3-.8b. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, driveway depressions, and pedestrian ramps. Equestrian Facilities: $7. The applicant shall prepare a detailed study that determines whether or not a horse trail crossing can safely be installed across Stone Vallev Road. The study shall be prepared by a Traffic Engineer. If it is determined that a horse trail crossing is needed, the stud�� shalt recommend an----appropriate location and design includingeometries, layout, signi g ng, striving, and. warning fights, as necessary, to address safetv issues along Stone Valley Road. The study shall be subiect to the review of the Public Works Department-and the review and approval of the Zoning Administrator. The applicant shall be responsible for all costs associated with the preparation and review of the study, as well as the costs associated with the design and installation of any improvements that may be deemed necessary by the studv and approved bv the Public Works :Department and the Zoning Administrator. Underground Utilities: X8 8. All new utility distribution facilities shall be installed underground. Existing utility distribution facilities on the north and south sides of Stone Valley Road shall be installed underground if rights of entry and/or encroachment permits are obtained from the Town of Danville and full road improvements can be constructed. The requirement to undergroundexisting facilities shall be F-24 eliminated if said rights of entry and/or encroachment permits are not acquired, and interim improvements are constructed. Street Lights: 8-5-.89. Property owner shall apply for annexation to County Service Area L-100 Lighting District by submitting: a letter of request; a metes and bounds description; and pay the current LAFCO fees. Annexation shall occur prior to filing the Final Map. The applicant shall be aware that this annexation process must comply with State Proposition 218 requirements, which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4-6 months to complete. Detention Basin: 84790. The detention basin shall be designed and constructed in conformance with Contra Costa County's "Detention Basin Guidelines" and shall be reviewed by the Flood Control District. All hydrologic calculations and hydraulic analysis shall conform to Flood Control District requirements. Noise Studies: 591. Any noise studies, which maybe required, shall be based on ultimate road widening and ultimate traffic under the general plan. The applicant shall install any sound walls (including footings), which may be required, outside of the public road right of way. Drainage Improvements: Collect and Convey 8-9-.92. The applicant shall collect and convey all storm water entering and/or originating on this property without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Provision"C.3" of the NPDES Permit:. 194-.9�. This project is subject to the County's Stormwater Management and Discharge Control Ordinance. As part of these requirements this project shall incorporate Best Management Practices (BMPs) to the maximum extent practicable into the design of this project, implement them and provide for perpetual operation and maintenance for all treatment BMPs. F-25 Exception 9-0-.94. This project is not subject to Provision "C.3" of the NPDES Permit since the proposed project was deemed complete prior to February 15,2005. Storm Water Pollution Prevention Plan: 4- 1-.95. Prior to ground disturbance, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to mitigate construction related impacts and submit it to the Regional Water Quality Control Board. The SWPPP shall be kept on-site at all times and shall be amended whenever there is a change in construction or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, or a municipal separate storm sewer system. (MM''. H:vdro-1) Miscellaneous Drainage Requirements: x:96. The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Design Standards. 4- 37t)7. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 44-.98. Applicant shall dedicate a public storm drain easement over the drainage system that conveys storm water run-off from public streets. The applicant shall obtain off-site offers of dedication to the County for any conduits, outfall structures and appurtenant access to said facilities that convey public road drainage beyond the subdivision boundary. 9-5-.99. Applicant shall reduce the project's impact on Green Valley Creek by reducing the peak hour design storms, and smaller design storms, leaving the flows from the site a minimum of 20% less than the pre-development conditions using the design storm as a basis to the satisfaction of the Flood Control District. 94-.100. Erosion protection and energy dissipation measures shall be provided at the ends of all surface and subsurface drainage facilities (EIR Section 4.2.6, "Impact Hydro-3,"paragraph "c") X 10 1. The project lies within the San Ramon Creek watershed. To reduce the impact of additional storm water run-off from this development on San Ramon creek, one cubic yard of channel excavation material will be removed from the inadequate portion of San Ramon creek for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. F-26 OR Upon written request, the applicant may make a cash payment in lieu of actual excavation and removal of material from the creek. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on the creek annually. 9-9,102. The project lies within the Green Valley Creek watershed. The applicant shall contribute to the "drainage deficiency fund" for Green Valley Creek at the rate of $0.10 per square foot of new impervious surfaces created to further mitigate potential cumulative impacts of increased storm water runoff (i.e. increased flow volume,, rate and sediment loading) (EIR Section 4.2.6, "Impact Hydro-3,"paragraph"f' (page 4.2-13)), (MM,Hydro-3) EliminationNational Pollutant Discharge System (NPDESI: X9:-1 03. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay Region or Central Valley Region). (10 1 ..1 ,, ..04. Compliance shall include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, wherever feasible, the following long-term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: • Minimize the amount of directly connected impervious surface area. • Stencil all storm drain inlets • Construct concrete driveway weakened plane joints at angles to assist in directing runoff to landscaped/pervious areas prior to entering the street curb and gutter. • Shared trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. • Shallow roadside and on-site grassy swales. • Distribute public information items regarding the Clean Water Program to buyers. • Other alternatives, equivalent to the above, as approved by the Public Works Department. F-27 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDTIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT • The applicant/owner should be aware of the expiration dates and renewing require- ments prior to recording the Final Maps. • Comply with the requirements of the Contra Costa Sanitary District. • Comply with the requirements of the San Ramon Valley Fire Protection District. • Comply with the requirements of the Health Services Department, Environmental Health Division. • Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures • The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Area of Benefit as adopted by the Board of Supervisors. • NPDES Requirements - The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay-Regional II or Central Valley-Region V. • Vesting Tentative Map Rights - The approval of this vesting tentative map confers a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect as of May 10, 2000, the date the vesting tentative map application was accepted as complete by the Community Development Department. The vested rights also applies. to development fees which the County has adopted by ordinance. These fees are in addition to any other development fees which maybe specified in the conditions of approval. • Additional requirements may be imposed by the .Fire District, the Health Department and the Building Inspection Department. It is advisable to check with F-28 these departments prior to requesting a building permit or proceeding with the project. • The Building Inspection Department will require two sets of building plans which must be stamped by the Community Development Department and by the Sanitary District or, if the site is not within a Sanitary District, by the County Health Department. • The applicant is required to pay all costs for the Community Development Department to monitor the compliance with mitigation measures and conditions of approval. � If requested, the County will arrange for a meeting of all the regulatory agencies that would be involved in permitting the installation of drainage improvements and storm water quality improvements and facilities. These agencies, such as the Department of Fish & Game, Army Corps of Engineers and the Regional Water Quality Control Board,would be able to collaborate on any mitigation measures or conditions associated with the issuance of their permits. 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