HomeMy WebLinkAboutMINUTES - 09231986 - 2.8 2.8
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"E BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 23, 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Request for General Plan )
Amendment (5-SR-85) , Rezoning )
with Preliminary (2653-RZ) )
and Final Development Plan )
(3061-85) Applications, )
including a Minor Subdivision ) RESOLUTION NO. 86/563
(MS84-85) ; Certification of )
Related Environmental Impact )
Report for the Pacific RIM )
Project, San Ramon Area )
WHEREAS, Pacific RIM Development Corporation ( "Pacific
RIM" ) applied for an amendment to the San Ramon Valley Area
General Plan (County File # 5-SR-85) for 55 acres located at
the southwest corner of Alcosta Boulevard and Bollinger Canyon
Road in the San Ramon area, to redesignate the area from Single
Family Residential-High Density to offices, retail/commercial
and Multiple Family Residential-High Density for the purpose of
developing a Planned Unit Development consisting of
approximately 16 .24 .acres of office and retail/commercial
business uses and 808 multiple family residential units . In
addition, Pacific RIM requested that the 55 acres be rezoned
from an existing P-1 to a separate P-1 to accommodate such
development (2653-RZ) , and approval of a. Final Development Plan
(3061-85) . Pacific RIM also requested approval of a minor
subdivision/tentative map (#MS 84-85) to subdivide a portion of
the site into three parcels to facilitate the requested
development plan approvals .
WHEREAS, pursuant to the requirements of the
California Environmental Quality Act ("CEQA") and the State and
County CEQA Guidelines, a Draft Environmental Impact Report
("DEIR") was prepared in connection with said project . The
DEIR was circulated for comment as required by law. The Final
Environmental Impact Report, consisting of the DEIR and the
responses to comments on the DEIR, was subsequently filed with
the Contra Costa County Community Development Department .
WHEREAS, after duly.-noticed public hearings at which
the San Ramon Valley Regional Planning Commission
("Commission") heard and considered the project, and the
modifications, changes, mitigations and alternatives to said
project recommended by the Final EIR, and by various agencies
and individuals, ' the Commission adopted Resolution No . 46-1986
(1) certifying the Final EIR as adequate and complete in
compliance with CEQA and State and County CEQA Guidelines and
making the findings, determinations and statements of
overriding considerations set forth therein, (2) approving
minor subdivision 84-85, and (3) recommending to the Board of
Supervisors approval of the proposed amendment to the San Ramon
Valley Area General Plan (County File # 5-SR-85) and Rezoning
and Preliminary Development Plan (2653-RZ) and Final
Development Plan (3061-85) .
WHEREAS, all materials constituting a part of the
administrative record .of the proceedings with regard to the
Project were made available to the Board or Supervisors rur its
review and consideration including, but not limited to, the
following materials :
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RESOLUTTnm 86/563
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(a) Commission Resolution No. 46-1986 adopted
August 20, 1986;
(b) Conditions of Approval for Pacific RIM
Rezoning and Preliminary Development Plan (2653-RZ) , Final
Development Plan (3061-83) and Minor Subdivision (# MS-84-85) ;
(c) Final Environmental Impact Report dated May
1986, together with comments, responses, studies and reports
referred to or contained therein; and
(d) Reports prepared by the Community
Development Department Staff regarding the Project and the
various mitigation measures, alternatives, changes and
modifications thereto; and
(e) All documents submitted or filed in this
proceeding by Pacific RIM.
WHEREAS, a duly noticed public hearing was held on
September 16, 1986, before the Board of Supervisors which then
continued the pending matters to the meeting of September 23 ,
1986 for decision.
WHEREAS, having reviewed and considered all testimony
and materials made available to the Board of Supervisors as set
forth above including, but not limited to, the Final EIR and
the comments, responses, studies and reports referred to or
contained therein, the Staff reports and the various mitigation
measures, alternatives, changes and modifications to the
Project, and all testimony and evidence in the record of the
proceedings with respect to the Project and these applications,
on September 23 , 1986, the Board of Supervisors took the
actions hereinafter set forth.
NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
CERTIFIES, ORDERS, RESOLVES AND FINDS AS FOLLOWS:
1. The Board hereby certifies that (a) it has
reviewed and considered the information contained in the Final
EIR consisting of the DEIR dated March 1986, and the comments
and responses thereto dated May 1986 (all of which are
collectively referred to herein as the "Final EIR") , and (b)
the Final EIR is adequate and complete, and has been prepared
and processed in compliance with CEQA and State and County CEQA
Guidelines .
2 . The Board hereby adopts the following amendments
to the San Ramon Valley Area General Plan (which Plan is part
of the County General Plan) :
(a) Residential - Amend the land use designation
of the southern 24 .4 acres of the site from Single Family
Residential-High Density (5-7 dwelling units per net acre) to
Multiple Family Residential-Medium Density (13-21 dwelling
units per net acre) .
(b) Mixed Use - Amend the land use designation
of the westerly 10 acres of the site (adjacent to the Southern
Pacific Railroad right-of-way and north of the portion of the
site to be designated for Multiple Family Residential) from
Single Family Residential-High Density to Mixed Use, allowing
flexibility within this area to provide for a variety of
compatible uses based upon future plans and study.
(c) Commercial - Amend the land use designation
of the remainder of the site from Single Family
Residential-High Density (5-7 dwelling units per net acre) to
Commercial .
3 . The Board hereby approves Rezoning and
Preliminary Development Plan application (2653-RZ) and Final
Development Plan (3061-85) rezoning 55 acres at the southeast
corner of Bollinger Canyon Road and Alcosta Boulevard to a
separate Planned Unit District as shown on said Preliminary
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Development Plan and Final Development Plan, subject to the
Conditions of Approval attached hereto as Exhibit A. In
connection therewith, the Board hereby introduces Ordinance No .
86-89, waives reading and fixes October 7, 1986, for adoption.
4 . In connection with the foregoing approvals of the
Rezoning and Preliminary Development Plan application (2653-RZ)
and the Final Development Plan application (3061-85) , the Board
finds and is satisfied that:
(a) Pacific RIM intends to start construction
within two and one-half years from the effective date of the
zoning change and plan approval . Pacific RIM has indicated its
intent to commence construction on the Project as soon as
possible, subject to Pacific RIM obtaining the necessary
approvals and permits .
(b) The proposed rezoning and planned unit
development substantially comply with, and are consistent with,
the County General Plan, as amended by this Board by this
resolution. The General Plan, as amended, provides for mixed,
commercial and residential uses at the Project site. The
Rezoning and Preliminary Development Plan and Final Development
Plan provide for 496 residential units and commercial uses,
including a restaurant and market . Also included within the
Project are child care and library facilities . The mixed use
area is subject to further specific plans and studies . These
uses are consistent with the land use designations prescribed
in the General Plan, as amended. The General Plan objectives
reflect the intent to provide multiple residential units in
suitable densities and locations . The staff reports and other
evidence establish that the density of the residential portion
of the Project is appropriate for the location. The EIR
indicates that the Project complies with most General Plan
policies . Areas of inconsistency or conflict with the General
Plan have been resolved by changes and modifications to the
Project (see Exhibit B attached hereto) . In addition, the uses
authorized in the land use district are compatible within the
district and to uses authorized in adjacent districts . The
land uses authorized in the vicinity of the Project include
office (Bishop Ranch Business Park) and residential
(Shappell/Lincoln) .
(c) The residential portion of the Project will
constitute a residential environment of sustained desirability
and stability, which will be in harmony with the character of
the surrounding neighborhood and community. The residential
portion of the Project will provide for substantial aesthetic
and recreational amenities which should contribute to its
desirability and stability, and provides a desirable transition
from single and multi-family residential to office uses while
providing housing in the vicinity of employment opportunities .
(d) The commercial portion of the Project is
needed at the proposed location to provide adequate commercial
facilities of the type proposed. The market analysis submitted
establishes that there exists a demonstrated market for the
commercial/retail uses proposed by the Project.
(e) Traffic congestion will be obviated by
presently projected improvements and by conditions of approval
for the Project including those requiring proper entrances and
exits and internal provisions for traffic and parking .
Specifically, the Conditions of Approval require that
substantial contributions be made by Pacific RIM to expand
existing traffic facilities, both by way of actual construction
and by traffic impact fees. In addition, condition 26 of
Exhibit A will further reduce traffic congestion associated
with the Project.
(f) The Project will be an attractive and
efficient center which will fit harmoniously into and will. have
no adverse effects upon adjacent or surrounding development.
Specifically, the Conditions of Approval provide for the
mitigation of Project noise and the installation and
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maintenance of fencing and landscaping consistent with
neighboring developments . Recreational and open space
amenities, including lagoons and water features provide an
attractive addition to the community. The availability of
child care and library facilities satisfy certain social and
cultural needs of the neighborhood. ' In addition, community
need has been demonstrated for the proposed uses . The market
analysis submitted shows sufficient demand for the commercial
portions of the Project. Furthermore, the Final EIR indicates
a need for housing in the San Ramon Valley Area . Comments to
the Final EIR and public testimony indicate a need and a desire
for library and child care facilities .
. (g) Based on the foregoing, the development of
the harmonious, integrated plan represented by the Project
justifies exceptions from the normal application of the County
Code.
5 . The application for minor subdivision having been
approved by the Commission, the period for appeal of such
approval having expired, and the matter having been presented
to the Board in connection with the approval of the Project,
the Board hereby approves minor subdivision 84-85, subject to
the Conditions of Approval attached hereto as Exhibit A, Nos .
25A through M.
6 . In connection with the foregoing approval of
minor subdivision 84-85, the Board finds as follows :
(a) The subdivision, together with the
provisions for its design and improvements, is consistent with
the County General Plan, as amended by this Board by this
resolution. The General Plan, as amended, provides for mixed,
commercial and residential uses at the Project site. The
Rezoning and Preliminary Development Plan and Final Development
Plan provide for 496 residential units and commercial uses,
including a restaurant and market. Also included within the
Project are child care and library facilities . These uses are
consistent with the land use designations prescribed in the
General Plan, as amended. The General Plan objectives reflect
an intent to provide multiple residential units in suitable
densities and locations . The staff reports and other evidence
establish that the density of the residential portion of the
Project is appropriate for the location. The EIR indicates
.that the Project complies with most General Plan policies .
Areas of inconsistency or conflict with the General Plan have
been resolved by changes and modifications to the Project (see
Exhibit B attached hereto) . The minor subdivision hereby
approved facilitates the development of the Project site in
accordance with the land use designations set forth in the
General Plan, as amended by this Board by this resolution. The
subdivision facilitates financing of the Project and the
dedication of public streets within the Project.
(b) Condition of Approval 25 .A, which requires
that the subdivision shall conform to the provisions of the
County Subdivision Ordinance, assures fulfillment of
construction requirements.
(c) The effect of County ordinances and actions
adopted pursuant to the Subdivision Map Act on the housing
needs of the region of Contra Costa County have been
considered. Consideration has included examination of the
Project' s potential to increase the stock of housing available
to the employees of the residential portions of the Project and
of nearby employment centers, including the Bishop Ranch
Business Park. The Board has considered the balance of
regional housing needs against the public service needs of
County residents as well as against the available fiscal and
environmental resources, as these needs and resources have been
identified within the approval process for the Project .
(d) No evidence has been presented which would
require denial under Government Code section 66474 .
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(e) The location and size of the Project
property, the nature of the established uses of the property in
the vicinity of the Project, and the desirability of retaining
some discretionary authority in respect of the 10 acre portion
of the Project site designated for mixed use, indicate that a
P-1 planned unit district zoning designation is appropriate for
the Project site. These factors and constraints, and the
desire to develop a harmonious and integrated plan for such
district, create unusual circumstances and conditions which
affect the Project property.
(f) The design and planning constraints and
opportunities arising in connection with a large scale
integrated development such as the Project require flexible
regulations in order to achieve diversity in the relationship
of the various uses, buildings, structures, sizes and open
spaces within the Project. Exceptions to the County
Subdivision Ordinance, including Section 96-8 .402 thereof
regarding the providing of sidewalks along certain streets , as
set forth in Conditions 25C and 25D of the Conditions of
Approval, are required to achieve the diversification of uses
and the integrated, harmonious development contemplated by the
planned unit development represented by the Project .
Accordingly, these exceptions to the County Subdivision
Ordinance set forth in the Conditions of Approval are necessary
for the preservation and enjoyment of Pacific RIM' s development
of the Project site in accordance with the Rezoning and Final
Development Plan, as approved by this Board.
(g) The granting of these exceptions to the
County Subdivision Ordinance will not be materially detrimental
to the public welfare or injurious to other property in the
territory in which the Project is situated. Circulation within
and about the Project has been provided, and Conditions of
Approval have been imposed, which meet the standards necessary
to satisfy the requirements of the public health, safety and
welfare. Staff reports and other evidence establish that
modifications to the Project have resulted in good vehicular
and pedestrian circulation within the Project .
7. The Board finds that the significant
environmental effects of the Project identified in the Final
EIR (1) have been substantially mitigated or avoided by changes
or alterations which have been required in, or incorporated
into, the Project, (2) require changes or alterations within
the responsibility and jurisdiction of other public agencies
and such changes have been adopted by such agencies, or can and
should be adopted by such agencies, or (3) cannot be mitigated
except by mitigation measures or Project alternatives which the
Board finds to be infeasible given economic, social, and other
considerations . The Board further finds that to the extent any
impacts of the Project remain unmitigated, such impacts are
overridden by economic, social and other considerations which
justify and require conditional approval of the Project as
modified, changed and mitigated herein. The specific facts and
findings of the Board regarding these matters are set forth in
Exhibit B attached hereto and incorporated herein by this
reference.
8 . Having reviewed and considered the Final EIR and
the studies and reports therein, and the changes and
modifications to the Project required by the Board and the
staff reports prepared by the Community Development Department
Staff, the Board finds and determines that no subsequent or
supplemental environmental impact report is required because
the changes and modifications to the Project do not require
major revisions to the Final EIR. The changes and
modifications to the Project do not involve new significant
environmental impacts which were not discussed in the Final
EIR. The changes and modifications to the Project in the
aggregate reduce the density and intensity of land uses and
resulting environmental effects, thereby constituting a
mitigation of the effects identified in the Final EIR. In
addition, any future use of the 10 acres of the Project site
designated as Mixed Use will require additional discretionary
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approvals which are dependent upon further plans and study and
environmental review, as necessary.
9 . The Board finds and determines that there is no
feasible specific mitigation measure or project alternative
that would provide a level of mitigation for particular
significant environmental effects of the Project which is
comparable to the mitigation achieved by reducing the number of
housing units from that number proposed in the project
discussed in the Final EIR. The existing General Plan for the
San Ramon Valley indicates that the appropriate maximum density
for multi-family residential development in the planning area
is 21 units per net acre. The project originally proposed
contemplated a total of 808 units which resulted in a
residential density of 27.4 units per net acre. The Project
approved provides 496 dwelling units at a density of 20 . 8 units
per net acre. The Project therefore conforms to the
residential density limitations prescribed in the General
Plan. Substantially all of the mitigation measures identified
in the EIR to lessen the adverse environmental effects of the
Project have been implemented and/or incorporated into the
Project . Project alternatives identified in the EIR which
would not reduce the number of housing units in the Project
would preclude the development of the retail portion of the
Project and do not provide for the library and child care site
and facilities offered by the Project . These overriding
economic, social and other considerations, including the
desirability of providing for a mixed use development and
retail employment opportunities, and the inclusion of library
and child care facilities, as more fully set forth in Exhibit
B, make infeasible such other mitigation measures or project -
alternatives .
10 . It is the intent of the Board that the foregoing
findings, including the findings, determinations and statements
set forth in Exhibit B, be considered as an integrated whole
whether or not any subdivision of these findings fails to
cross-reference or incorporate by reference any other
subdivision of these findings; and that any finding required or
permitted to be made by this Board with respect to any
particular subject matter shall be deemed made if it appears in
any portion of these findings .
11. The Board further directs the Community
Development Department to file a Notice of Determination with
the County Clerk.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minuses of the
Board of Supervisors-on_the date shown.
\� ATTESTED:
PHIL SATCHEL6n Cls--b c4. 'he Board
of Supervisors and County Administrator
8y\, .—.— -- Deputy
cc: Community Development
Public Works
County Counsel
Pacific RIM Development Corporation
County Assessor
San Ramon Valley Fire Protection District
Elman, Burk & Cassidy, Attn Wendy Guastamachio
1 Ecker. Bldg. , Suite 200
San Francisco, 94105
City of San' Ramon
Edward L. Dong, The Northern Group
55 Green Street, Suite 300
San Francisco 94111-1434
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EXHIBIT A
CONDITIONS OF APPROVAL FOR PACIFIC RIM PRELIMINARY DEVELOPMENT PLAN 2653-RZ AND
FINAL DEVELOPMENT PLAN 3061-85 AS APPROVED BY THE BOARD OF SUPERVISORS ON
SEPTEMBER 23, 1986
THE MARKETPLACE - CONDITIONS -1 THRU 11 and 19 THRU 26
1. THE MARKET PLACE (COMMERCIAL DEVELOPMENT) - This approval is based upon the
Preliminary Development Plan and Final Development Plan for the Market
Place dated July, 1986. Consisting of the following exhibits:
a. Landscape Plan Scale 1" = 60'
b. Site/Roof Plan Scale 1" = 40'
C. Function Analysis Scale 1" = 80'
d. Site/Roof/Lease Plan Scale 1" = 40'
e. Plaza Plan Scale 1/16" = 1' - 0"
f. Elevations Scale 1/16" = 1 ' & 3/16" = 1'
g. Elevations Scale 1/16" = 1 ' & 3/16' = 1 '
h. Elevations Scale 1/16" = 1' & 3/16" = 1'
i . Elevations Scale 1/16" = 1' & 3/16" = 1'
j . Elevations Scale 1/16" = 1' & 3/16" = 1'
k. Elevations Scale 1/16" = 1' & 3/16" = 1'
1 . AMENITIES
2. . The applicant shall .submit plans for site design which include greater
detail then presently exist for landscaping, lighting and architectural
design to' the Zoning Administrator for design review approval :. Design
review approval will be granted only if the following design refinements
have been incorporated:
a. The two office buildings at the corner of Alcosta Boulevard and
Bollinger Canyon Road are one story in height with pitched roofs and
of the same architecture and material as the Specialty Shopping
Center.
b. The restaurant building shall be of the same architectural design as
the two corner offices and consistent with the Shopping Center design.
C. Landscape plans shall include 15 gallon trees along
Bollinger Canyon Road and Alcosta Boulevard.
d. The lighting plans shall be prepared by a qualified lighting consul-
tant and shall incorporate fixtures of such size, number, illumination
intensity, shielding and mounting height so as to-' prevent viewing of
the light source from elevations higher than the source, and also to
.minimize glare reflected from ground surfaces, as is consistent with
requirements for safety of the center's users and for preservation of
security within the center.
e. All plans shall be prepared in coordination with an acoustical consul-
tant and shall minimize (to the maximum extent possible) noise heard
on adjacent residential areas. Minimize noise from air conditioners,
ventilation, delivery vehicles and compactors.
Pg. 2
f_ A sign program shall be subject to review and approval of the Zoning
Administrator which is consistent with the program outlined by the
applicant during public hearings which indicated the use of Wrought
Iron signs within the. :Specialty Shop area.
g. . The amount of parking shall be reduced to the maximum _extent possible
with additional landscaping being provided.
h. Parking areas may be installed in places consistent with construction
of buildings. Additional landscaping may be installed in lieu of
proposed parking, until such time as demonstrated parking demands
requires conversion of such landscaped areas.
3. Additional requirements may be specified during design review.
4. Landscaping along Alcosta Boulevard and Bollinger Canyon Road shall be
maintained by a Lighting and Landscape Maintenance District or by the
Merchants Association.
5. Street names and addressing shall be subject to review and approval of the
Community Development Department.
6. Traffic control signs including no ,parking signs along the frontage of
'Bollinger Canyon Road and Alcosta Boulevard, stop signs, centerline
striping, and pavement marking at all stop signs will be required. These
details shall be shown on the improvement plans. The applicant's engineer
will be advised- by the Public Works Department of the various. control
signs, striping and pavement markings required _when the improvement plans
are submitted for review.
7. The design and placement of service, areas (including garbage bin areas,
exterior storage areas, and utility boxes) shall be compatible to the sites
overall design and landscaping, subject to review and approval of the
Zoning Administrator.
8. Bicycle parking areas shall be provided throughout the center.
9. The landscape plan shall include provisions for the trail along the SPRR
and provisions for maintenance of the trail , which shall be built to
standards required by the agency maintaining the trail . (Assessment
District 1981-5 (LL-5) Zone #2) .
10. The library site is approved fronting on Bollinger Canyon Road, subject to
further review between the City of San Ramon and the County Community
Development staff. The building shall be a minimum of 17,000 square feet.
11. The westerly 10 acres, adjacent to the- SPRR and north of the Reflections is
rezoned P-1. A Final Development for the entire 10 acre site must be
submitted and approved prior to any new uses being established for the
site.
Pg. 3
THE REFLECTIONS (APARTMENT DEVELOPMENT) CONDITIONS 12 THRU 25:
12. THE REFLECTIONS (APARTMENT DEVELOPMENT) - This approval is based upon the
Preliminary Development Plan and Final Development Plan for the Reflections
submitted June 1986 consisting of the following exhibits:
a. Site Plan (1) Scale 1"=60'
b.. Landscape Plan (2) Scale 1"=60-
C. Building Elevation (3) Scale 1/8"=1'
d. Building Elevation (4) Scale 1/8"=1'
e. Building Layouts (5) Scale 1/8'.'=1'
f. Building Layouts (6) Scale 1/8"=1'
g. Floor Plans (7) Scale 1/8'=1'
13. This approval shall not exceed a maximum of 496 units or 20.8 units per net
acre consistent with the medium density multiple family residential General
Plan designation.
14. Comply with the following landscape and irrigation requirements:
a. Prior to issuance of grading or building permits, landscape and
irrigation plans, prepared by a registered landscape architect, shall
be submitted for review and approval .- by the County Zoning
Administrator. A cost estimate or copy of the landscape improvements
shall be installed prior to occupancy. - Landscaping may be installed
in phases to reflect a phasing plan approved by the County Zoning
Administrator.
b. The proposed trees on the site shall be .a minimum of 15 gallon in
size; and at least 75% of the proposed shrubs shall be 5 gallons in
size.
C. The fencing along Alcosta Blvd. frontage shall be a continuation of
the same fence being utilized to the south in the Newcastle
Development. The fence location shall be shown on the landscape plan. >
d. The design and placement of service areas (trash bins, exterior
storage areas, and utility boxes) shall be compatible to the sites
overall design and landscaping, subject to review and approval of the
County Zoning Administrator.
e. Landscaping of the public right-of-way are subject to ' review and
approval-' by the Public Works Department.
15: A landscape plan shall be submitted for the trail along the Southern
Pacific right-of-way. Landscaping and walkway facilities shall be
completed prior to occupancy and maybe installed with each phase of the
development. The open space walkway area (SPRR) shall be dedicated for
public use. Responsibility for maintenance of the facility shall be
provided for, prior to issuance of the first building permit for the
project. This area shall be maintained by the same jurisdiction
responsible for the facility in the Newcastle project.
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16. Car maintenance areas shall be provided for use, of the residents of the
development.
17. Complete plans and elevations for the units shall be submitted for review
and approval of the Zoning Administrator prior to issuance of building
permits. Samples of materials and colors for exterior of units shall be
submitted for review and approval . The roof and exterior walls of all
buildings shall be free of such objects as air conditioning equipment,
television aerials, water or electric meters etc. , or screened from view.
Exterior lights shall be deflected so that lights shine onto applicant's
property and not toward adjacent properties nor shall they cause glare for
motorist driving along Alcosta Blvd. Physical standards which shall be met
for individual units include the following:
a. Provision of 50 cubic feet of protected storage in addition to closet
space normal to all residential units.
b Provision of a minimum of 100 square feet of private open space (i .e.
enclosed private patio) for each ground floor unit and an average of
75 square feet of private open space (i .e. enclosed deck area) for
each second and third floor unit. The at grade patio areas shall be
screened and landscaped for privacy of the units.
C. The third story units shall be eliminated and an equivalent number of
units added elsewhere on the site and the site plan shall be modified
accordingly subject to approval as provided above.
18. A sign directory displaying the numbers and location of all dwellings in a
diagram manner shall be posted at each vehicular entrance and main
pedestrian entrance. Project identification signs not to exceed 35 square
feet in area, may be utilized at the driveway entrances.
19. Street names shall be subject to review and approval of the Community
Development Department.
20. Details of the entrances to the project are subject to review and approvals
of the Public Works Department and the Community Development Department.
Prior to the issuance of building permit, entrance details shall be
submitted.
21 If archaeologic materials are uncovered during grading, trenching or other
on-site excavation, earthwork within 30 meters of these materials shall be
stopped until a professional archeologist who is certified by the Society
for California Archaeology (SCA) and/or the Society of Professional
Archaeology (SOPA) has. had. an opportunity to evaluate the significance of
he find and suggest appropriate mitigation measures, if. they are deemed
necessary.
22. Preliminary grading and drainage plans shall be submitted prior to issuance
of a building permit. .
Pg. 5
23a. Coordinate with the developers to the south 'of this development to provide
adequate wall and landscaping between the two projects.
23b. Noise- generating construction shall be limited to weekdays between the
hours of 7:00 a.m. and 6:00 p.m..
24. Comply with the requirements of the San Ramon Fire Protection District.
25. Comply with drainage, roadimprovement, traffic and utility requirements as
follows:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9) . Any exceptions. therefrom must be specifically
listed in this conditional approval statement. Frontage improvements
on Bollinger Canyon Road and Alcosta Boulevard, as required by the
ordinance, shall include curbs, sidewalks and road improvements within
. twenty feet of the face of the curb. All road improvements beyond
twenty feet of the face of the curb shall be considered off-site
improvements. The following conditions of approval defines the
required road improvements, including frontage improvements.
B. Construct road improvements, including frontage improvements as
follows:
1) On- Alcosta Boulevard:
a). Construct, or relocate, frontage improvements to
provide for right-turn lanes, 14 feet by 120 feet, in
advance of the Main Street and Market Street entrances
to the development. ,
b) Construct a standard bus turnout at a location subject
to approval by the Public Works Department.
c) Modify median and construct new pavement to provide for
two (2) 300-foot long dual left-turn lanes for north-
bound Alcosta Boulevard traffic turning westbound on
Bollinger Canyon Road.
d) Modify median and construct new pavement to provide for
two (2) 300-foot long dual left-turn lanes for south-
bound Alcosta Boulevard traffic turning eastbound on
Bollinger Canyon Road.
e) Modify and expand the existing traffic signal at the
intersection of Alcosta Boulevard - and Bollinger Canyon
Road so that it will function as a full 4-way intersec-
tion signal . The signal design shall be done by the
County Public Works Department at the developer's
expense and subject to a separate agreement.
Pg. 6
f) Install a traffic signal at the intersection of Alcosta
- Boulevard and Market Street and modify channelization to
provide .for a 200-foot long left-turn lane with standard
transition for northbound traffic on Alcosta Boulevard. The
signal design shall be done by the County Public Works
Department at ' the developer's expense and subject to a
separate agreement.
g) No median breaks will be allowed on Alcosta Boulevard
at Main Street, at the entry to the residential area in
the southeast corner of the site, and at the entry to
the retail commercial area between Main Street and
Market Street. Only right turns, in and out, will ' be
allowed at these intersections.
h) Overlay all existing pavement for the full width of
Alcosta Boulevard within the limits of the median work,
described above, with 0.10-foot open-graded asphalt
concrete; grind pavement to ensure flush butt joints at
gutter lips; and replace or install new striping with
thermoplastic materials.
i ) Convey to the County, by Offer of Dedication, addition-
al right .of way, as necessary, to a minimum of 10 feet
behind curb alignments resulting from the road improve-
ments described above.
j) Construct curb and 8-foot . 6-inch sidewalk (width
measured from curb face) along the frontage of Alcosta
Boulevard.
2) On Bollinger Canyon Road:
a) Construct, or reconstruct, frontage improvements and
widen Bollinger Canyon Road approximately 8 to 28 feet
andprovide for a right-turn lane, 14 feet by 200 feet
long, in advance of the Market Street intersection in
accordance with plans prepared by the. Public Works
Department.
b) Install a traffic signal at the intersection of
Bollinger Canyon Road and Market Street, designed to
function as a full 4-way intersection signal . The
northerly leg, into the property to the north of this
site, will not be put into operation until- needed. The
signal design shall be done by the County Public Works
Department at the developers expense and subject to a
separate agreement.
Pg. 7
c) Modify the existing traffic median to provide for a
single left-turn lane for eastbound traffic and dual
left-turn lanes for westbound traffic on Bollinger
Canyon Road at its intersection with Market Street.
d) Overlay all pavement on the south side of the median,
along the frontage, with 0.10-foot open-graded asphalt
concrete; grind pavement to ensure flush butt joints at
gutter lips; and replace or install new striping with
thermoplastic materials.
e) Convey to the County, by Offer of Dedication, addition-
al right of way, as necessary, to a minimum of 10 feet
behind curb alignments resulting from the road improve-
ments described above.
f) Construct curb and 8-foot . 6-inch sidewalk (width
measured from curb face) along the frontage of
Bollinger Canyon Road.
C. Market Street shall be dedicated ' to the County and constructed to
County public road standards, with sidewalks on one side only
along the Market Place frontage.
D. Main Street shall be a private street with no sidewalks, con-
structed to County public road standards and inspected by the
Public Works Department.
E. All interior streets, excluding Market Street and Main Street,
shall be constructed to County private road standards.
F. Market Street -shall be signed for "No .Parking".
G. Market Street, at the Bollinger Canyon Road entrance, shall be
wide enough to accommodate two lanes for inbound and three lanes
for outbound traffic, and a raised median extending from
Bollinger Canyon Road to. the north, side of the intersecti-on of
Market Street and Main Street. Inner lane widths shall be 12
feet and outer lane widths shall be 16 feet, as a minimum.
H. Market Street, 'at the Alcosta Boulevard entrance, shall be wide
enough to accommodate two lanes for both inbound and outbound
traffic and shall have a raised median strip. Inner lane widths
shall be - 12 feet and outer lane widths shall be 16 feet, as a
minimum.
I. Submit a scale drawing showing all widening, channelization and
striping for Alcosta Boulevard, Bollinger Canyon Road and Market
Street, for Public Works Department review, prior to submitting
final improvement plans.
Pg. 8
J. Prevent storm drainage, originating on the property and conveyed
in a concentrated manner, from draining across the sidewalks and
driveways.
K. Furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
anal/or easements for the construction of off-site, temporary or
permanent, road and drainage. improvements. If, after good faith
negotiations, the applicant is unable. to acquire necessary rights of
way and easements, he shall enter into an agreement with the County to
complete the necessary improvements at such time as the County
acquires the necessary interests in accordance with Section 66462 and
66462.5 of the Subdivision Map Act.
L. To mitigate the traffic impact of this development, prior to
issuance of building permits, contribute $1,000 per dwelling unit
and $3.50 per square foot of office and retail space, on a
prorata basis, to a Road Improvement Fee Trust (fund No.
819200-0800) designated for road improvements in the Bishop Ranch
area. Credit will be given for the cost of the road improvements
outlined. in the preceding conditions of approval as follows:
1) Cost of all road improvements, except as described below,
beyond 20 feet of the face of curb along Bollinger Canyon
Road and Alcosta Boulevard. All improvements within 20 feet
of the face of curb shall be considered frontage improve-
ments and their cost will be not credited.
2) Market value cost of acquiring off-site rights of way and/or
easements.
3) fifty (50) percent of the cost of the traffic signal and
median construction at the intersection of Bollinger Canyon
Road and Market Street. No credit will be given for new or
modified landscaping.
4) Seventy-five (75) percent of the cost. of modifying the
traffic- signal and median construction at the intersection
of Bollinger Canyon Road and Alcosta Boulevard. However,
100% credit will be given for the modification of the
northerly median construction
5) Costs will be based on the quantities and unit prices shown on
the approved bond estimates. These costs shall be increased by
10 percent to cover engineering costs and thecost of any County
signal design shall be increased, by 50 percent.
M. Prior to issuance of building. permits, file the Parcel Map for
Subdivision MS 84-85.
Pg. 9
26. For the . office use the applicant shall prepare and implement a
Transportation Systems Management program ("TSM") as approved by the Zoning
Administrator. The program shall include as a goal. a 35%:- reduction in the
number of vehicular trips resulting from occupancy of the subject office
project.
a. The—program for the office project shall be submitted to the Zoning
Administrator,prior to the issuance of building permits for the office
project. The program shall be approved prior to final inspection of
the office project by the building i-nspector.
b. With approval of the Zoning Administrator the requirements of this
Condition 26 may be satisfied by participation in a TSM program with
other projects in the vicinity.
NLH:ed/aa
9rz
6/6/86 .
7/30/86
8/13/86
8/20/86
10/6/86
_f
EXHIBIT B
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
California Environmental Quality Act Findings
on the Significant Environmental Effects
Identified in the EIR and Statement of
Overriding Considerations
This Exhibit B is a part of Contra Costa County
Board of Supervisors Resolution No. 86/563
I . SIGNIFICANT EFFECTS AND MITIGATION MEASURES
1. Significant Effect-Conflict With SP Right-of-Way. The
EIR identifies a potential conflict between the Project and the
future use of the Southern Pacific right-of-way situated on the
western boundary of the Project as a potentially significant
environmental effect of the Project.
(a) Facts. As approved, the westerly ten acres
of the Project site adjacent to the Southern Pacific
right-of-way is being rezoned P-1 . Condition 11 of the Project
requires that a Final Development Plan must be submitted for
such area and approved prior to any new uses being established
for that part of the Project site. Measures necessary to
resolve such potential conflict which are not already taken
pursuant to the Conditions of Approval should be implemented at
that time. The "open space walkway area" along the Southern
Pacific right-of-way is required to be dedicated for public
use. Condition 15 requires that a landscape plan be submitted
for the trail located along such right-of-way, and that
1
y
' landscaping and walkway facilities shall be completed prior to
occupancy.
(b) Findings . The Board finds that such
conditions of approval, together with the requirement of
further review for Final Development Plans with respect to the
ten acres adjacent to the right-of-way, substantially mitigate
the potential impact . To the extent any such impact remains
unmitigated, this Board finds such impact is acceptable in
light of the overriding social, economic and other
considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impact or the implementation of the project
alternatives described in the EIR (See Section II, below) .
2 . Significant Effect-Residential Density. The EIR
indicates that the Project would create residential housing at
a density higher than is currently considered appropriate by
the General Plan for the San Ramon Valley Area, and which would
exceed the density of the surrounding residential
developments . The project discussed in the EIR considered a
residential density of 27.4 units per net acre; the General
Plan states a limit of 21 units per net acre.
(a) Facts . The Project being approved contains
496 units instead of the 808 units originally proposed. In
addition, the Project being approved provides for a density of
multi-family residential-medium density, rather than the single
family residential-high density discussed in the EIR. The
Project approved has a density of 20 . 8 units per net acre.
2
t '
�1
�- (b) Findings . Changes in the Project have
incorporated the mitigation measures suggested in the EIR by
reducing the net density of the residential portion of the
Project to a net density not to exceed 21 units per acre, and
by providing for a General Plan designation for the residential
portion of the Project of Multi Family-Medium Density. The
Board, therefore finds that the impacts identified in the EIR
associated with the density of the Project have been
substantially mitigated. To the extent any such impacts remain
unmitigated, the Board further finds such impacts are
acceptable in light of the overriding social, economic and
other considerations set forth in Section III , below. Such
overriding considerations make infeasible the complete
mitigation of such impact or the implementation of the project
alternatives described in the EIR (see Section II, below) .
3 . Significant Effect-Loss of Open Space. The EIR
indicates that the Project would replace fifty-five acres of
undeveloped grassland in the San Ramon Valley.
(a) Facts . The Project site is at the junction
of administrative office, manufacturing, residential and
open-space land uses . The Project site is already zoned for
high-density, single-family residential use. The Staff Report
indicates that the project site is one of the last conveniently
located parcels where housing can be placed close to jobs
without a total reliance on automobiles or transit systems .
The Staff Report further identifies a need for housing near the
3
Project site to provide a place for employees to live in close
proximity to job opportunities . The Project provides for
substantial landscaped open-space in the residential portions
of the Project site. The Project also provides the San Ramon
Valley area and the City of San Ramon with a child day care
center and library. Finally, the EIR indicates that the soil
is not suitable for grazing or intense agricultural use.
(b) Findings . The Board finds that the
identified impact is unavoidable unless the No Project
Alternative identified in the EIR is adopted. Nevertheless,
the Board finds that the No Project Alternative is infeasible
for the reasons set forth in Section II, below, and that the
overriding social, economic and other considerations set forth
in Section III , below, justify approval of the Project .
4 . Significant Effect-Visual Character. The EIR
indicates that the Project would continue the trend of changing
the visual character of this portion of the San Ramon Valley
from rural and agricultural to suburban residential and
commercial uses, thereby breaking up the visual continuity of
adjacent undeveloped lands and reducing the area ' s present
visual diversity. The EIR identifies impacts associated with
lighting on the Project site which would be visible from
existing and future homes in surrounding developments . The EIR
further indicates that the three-story height of some buildings
within the Project would contrast with nearby residential areas .
4
(a) Facts . Various modifications and other
measures have been incorporated into the Project to mitigate
the foregoing visual impacts . The Project as approved limits
building heights to a maximum of two stories . Large building
setbacks on the corner of Alcosta Boulevard and Bollinger
Canyon Road mitigate the visual impact on those streets . Trees
in the parking lot and short lighting standards are proposed to
keep parked cars and lighting from being seen from nearby
residences . Rooftop wells hide mechanized equipment from the
view of. surrounding neighborhoods . Conditions 2d. , 4, 7, 14 ,
17, and 23 all require the implementation of various measures
to enhance the visual appearance of the Project and assure
visual continuity between the Project and surrounding
developments .
(b) Findings . The Board finds that implementing
these conditions will substantially mitigate the visual impacts
associated with the Project. To the extent any such impacts
remain unmitigated, the Board finds such impacts are acceptable
in light of the overriding social, economic and other
considerations set forth in Section III , below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the project
alternatives described in the EIR (See Section II, below) .
5 . Significant Effect-Jobs/Housing Imbalance. The
EIR indicates that the jobs/housing balance discussed in the
EIR is not a physical environmental effect . However, the EIR
5
indicates that the approval of the Project discussed in the EIR
would contribute to the trend in the San Ramon Valley Area of
providing employment opportunities at a rate which exceeds the
development of new housing. The EIR identifies a potential
increase in air pollutants, energy consumption and traffic
congestion as potential cumulative environmental effects of
this projected housing imbalance. The EIR further identifies
the potential effects on the availability of lower cost housing
which may result from the increase in housing costs caused by
an increase in demand.
(a) Facts . The EIR indicates that in 1985 the
South I-680 corridor (the San Ramon Valley) had a jobs/housing
ratio of less than 0. 9 jobs for every household. However, the
EIR further indicates that the amount of commercial and
industrial development along this corridor is projected to
result in a ratio of almost 1. 5 jobs for every household in the
year 2005 . The EIR identifies the possibility that some
employees of the retail portion of the Project would come from
neighboring communities such as Livermore, Pleasanton and
Dublin, thereby yielding a lower potential housing demand than
that identified in the studies relied on in the EIR. The EIR
also indicates the difficulty of attempting to match new jobs
with new or existing households. Findings 12, 13 and 15 below,
discuss in detail various project modifications and alterations
which have been adopted for the Project which mitigate the
effects of the traffic congestion, air pollution and energy
consumption impacts identified in the EIR.
6
(b) Findings . The Board finds that the
mixed-use nature of the Project, which would permit Project
residents to work at the retail/commercial facilities provided
by the Project or at nearby Bishop Ranch Business Park, and
changes and modifications incorporated into the Project will
substantially reduce the traffic, air pollution and energy
consumption impacts identified in the EIR (see Findings 12, 13
and 15) . Accordingly, the Board finds that these factors and
changes in the Project substantially mitigate the impacts
identified in the EIR with respect to the projected increase in
the jobs/housing imbalance.
The Board further finds that to the extent any such
impacts remain unmitigated, the overriding social, economic and
other considerations set forth in Section III, below, make
infeasible the complete mitigation of such impacts or the
implementation of the project alternatives described in the EIR
(see Section II, below) . Specifically, the EIR recommends that
the site be rezoned and developed for all residential use as a
mitigation measure for the impacts created by the prospective
jobs/housing imbalance. The Board finds that the jobs/housing
imbalance is prospective, and ultimately dependent in part on
various factors, including continued economic expansion in the
region and the land use and other policies of other public
agencies, which factors can, and will, change over time. On
the other hand, a market study prepared by Lynn Sedway &
Associates indicates a demonstrated current market for the
7
commercial and retail services and goods of the type provided
by the Project. Furthermore, the project offers various other
valuable amenities, including child care and library
facilities, all of which are currently needed in the community
and which would not be available if the mitigation measure
proposed by the EIR were adopted. Accordingly, the Board finds
that the benefit in fulfilling the present needs of the
community in the vicinity of the Project outweighs the
potential environmental effects associated with the prospective
jobs/housing imbalance.
6. Significant Effect-Impact of Retail Competition.
Comments on the Draft EIR identify a potential adverse impact
on the character of existing shopping centers caused by the
competition resulting from the development of the retail
portion of the Project.
(a) Facts . The applicant has prepared and
submitted a market study prepared by Lynn Sedway & Associates
with respect to the feasibility of the proposed retail portion
of the Project. The study concludes that " [t]he market demand
for the marketplace will be strong, due to lack of competitive
facilities, major new residential development in the
Danville/San Ramon Area, and significant new employment growth
along the Interstate 680 corridor. " The study further
indicates that only limited competition with existing centers
is likely, since the retail portion of the Project will be
targeted to upscale, specialty goods and gourmet food items
8
purchasers. The study concludes that the retail portion of the
Project will develop its own economic niche in the San Ramon
area. In addition, the study indicates that due to increasing
population in the area, the percentage of market share required
for the proposed retail development to be successful would, in
fact, decline over time. Such factors indicate that the
available market for the goods and services offered by the
proposed retail development can be expected to increase.
(b) Findings . Section 15131 of the CEQA Guidelines
provides generally that the economic or social effects of a
project shall not be treated as significant effects on the
environment. However, physical changes resulting from economic
or social changes created by the Project should be considered
as to whether they constitute significant effects on the
environment . The Board has reviewed and considered the nature
and extent of existing and reasonably anticipated shopping
centers in the Project area, and the market study prepared by
Lynn Sedway & Associates regarding the retail portion of the
Project. The Board finds that the potential for economic or
social changes to cause significant adverse effects on the
environment is in this instance not demonstrated. In addition,
the market study prepared by Lynn Sedway & Associates indicates
that the retail portion of the Project will not adversely
affect existing shopping centers . Accordingly, the Board finds
that there does not exist substantial evidence to support a
determination that these impacts will have a significant effect
on the environment .
9
Nevertheless, in the event that significant effects on
the environment are determined to result from the social and
economic effects caused by the retail portions of the Project,
the Board further finds that such impacts are acceptable in
light of the overriding social, economic and other
considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the Project
alternatives described in the EIR (see Section II, below) .
Specifically, the Board finds that the library and child care
facilities which have been incorporated into the Project are
necessary and valuable community facilities which could not
feasibly be provided if the retail portion of the Project were
eliminated. In addition, the location of such retail
development adjacent to housing and office developments reduces
the need for area residents and employees to drive to
restaurant and shopping facilities . Lastly, the retail portion
of the Project provides retail job opportunities in the
vicinity of residential development, which presents the
opportunity to reduce traffic associated with commuting .
7. Significant Effect-Police Services . The EIR
identifies a potential impact on police services provided by
the Sheriff ' s Department. The EIR indicates that the Project
would increase the demand for police services, thereby
necessitating an additional officer.
10
(a) Facts. No additional equipment or patrol
cars would be required. The increased tax base from the
development of the Project should generate significant
additional tax revenues which could be budgeted for police
protection services. In addition, condition 2.d requires that
lighting plans shall be prepared which are consistent with the
requirements for safety of the Project ' s users and for
preservation of security within the retail portion of the
Project. The EIR indicates that the Sheriff ' s Department has
stated that crime in the area of the Project is "low. "
(b) Findings . The Board finds that there is no
evidence that the potential impact on police services
associated with the Project will cause a substantial or
potentially substantial adverse change in the environment.
Accordingly, the Board finds that this impact identified in the
EIR will not have a significant effect on the environment. To
the extent this impact will have any effect on the environment,
the Board finds that it is mitigated by the foregoing
conditions and requirements . To the extent any such impact
remains unmitigated, this Board finds such impact is acceptable
in light of the overriding social, economic and other
considerations set forth in Section III , below. Such
overriding considerations make infeasible the complete
mitigation of such impact or the implementation of the Project
alternatives described in the EIR (see Section II, below) .
11
7A. Significant Effects - Excess Water Consumption.
Comments to the EIR indicate that water use in connection with
the lagoon features of the Project is contrary to the County' s
policy on water conservation and East Bay Municipal Utility
District ' s water conservation programs .
(a) Facts . The use of lagoons in the Project
would require water usage which would be equal to or greater
than irrigation of the same area of turf . The use of EBMUD
water for lagoons could be restricted or denied during drought
years . The lagoon features of the Project are a design amenity
which provides visual interest and diversity to the residential
portion of the Project. This feature would contribute
substantially to the long-term attractiveness of the Project
and, therefore, its long-term economic viability.
(b) Findings . The Board finds that the
mitigation measures identified in the EIR with respect to the
lagoon features of the Project are infeasible. Such measures
would substantially detract from the aesthetic value of these
features as proposed, thereby diminishing the attractiveness
and long-term viability of the Project. The Board, therefore,
finds that these design factors outweigh the impact on water
use identified in the EIR and that these considerations warrant
approval of the Project notwithstanding such impacts .
8 . Significant Effects-Growth-Inducing Impact
Associated With Increased Demands on Sewer Capacity, The EIR
contains a statement by the Central Contra Costa County
12
l
Y Sanitation District which indicates that the Project must be
regarded as having growth-inducing impacts.
(a) Facts. Currently, the facilities which
would serve the Project are being upgraded to provide an
approximately 20% increase over existing capacity. Such
additional capacity is expected to be available in October of
1986 . This increase would occur without development of the
Project . In addition, the Project approved provides for
residential densities substantially less than those
contemplated in the project discussed in the EIR. The East Bay
Municipal Utility District has developed water conservation
guidelines for landscaping in new construction, and the County
has adopted regulations requiring drought-resistant plants and
efficient irrigation systems in all new developments except
single-family housing.
(b) Findings . The Board finds that any
significant environmental effects created by the Project ' s
demands on sewer facilities is substantially mitigated by the
projected available capacity of such services, the reduced
density of the residential portion of the Project and the
requirements recited above regarding water conservation
measures . To the extent any such impacts remain unmitigated,
this Board finds such impacts are acceptable in light of the
overriding social, economic and other considerations set forth
in Section III, below. Such overriding considerations make
infeasible the complete mitigation of such impacts or the
13
implementation of the Project alternatives described in the EIR
(see Section II, below) .
9 . Significant Effect-Increased Need For Parkland.
The EIR indicates that the Project would create a demand for
three to four acres of new parkland, and that together with
other residential developments in the San Ramon vicinity, the
Project would add to the cumulative demand for more
recreational and open space.
(a) Facts . The residential densities of the
Project have been reduced from the densities addressed in the
EIR. In addition, Condition 9 requires that the Project ' s
landscape plan shall include provisions for a trail along the
Southern Pacific right-of-way, and Condition 15 provides that
the "open space walkway area (SPRR) shall be dedicated for
public use. " Pools and tennis courts included in the Project,
together with substantial open space within the residential
portion of the Project, will further add additional
recreational facilities in the area. Finally, Condition 25
requires that the Project conform to the provisions of the
County Subdivision Ordinance which require, among other things,
the dedication of parkland or the payment of in-lieu fees to
provide for parkland and recreational facilities .
(b) Findings . The Board finds that these
conditions and changes in the Project substantially mitigate
any potential significant environmental effects of the demand
for park and recreation facilities. To the .extent any such
14
impacts remain unmitigated, this Board finds such impacts are
acceptable in light of the overriding social, economic and
other considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impact or the implementation of the Project
alternatives described in the EIR (see Section II , below) .
10 . Significant Effect - Increased School
Enrollment. The EIR identifies an impact associated with the
increase in school enrollments caused by the Project .
(a) Facts. The increase identified in the EIR
represents less than 3% of 1985 capacity at each grade level .
The EIR indicates that the changing demographics and
construction of new residential developments contribute to
changing enrollment levels, making the impact of the Project on
the school district' s capacity situation difficult to predict .
The proposed project discussed in the EIR contemplated 808
dwelling units. The Project approved will consist of 496
dwelling units . In addition, the San Ramon Valley Area School
Fee Ordinance requires payments of fees based on the number of
bedrooms at the time of issuance of a building permit.
Historically, the District has been able to transfer students
to other schools in order to balance enrollments with
capacity. The EIR indicates that the impacts of the Project on
school capacity are predicted to be small .
(c) Findings . The Board finds that the
reduction in the residential density of the Project, together
15
4
with the fee requirements discussed above, substantially
mitigate any potential significant environmental effects of the
Project on increased school enrollments . To the extent any
such impacts remain unmitigated, this Board finds such impacts
are acceptable in light of the overriding social, economic and
other considerations set forth in Section III below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the Project
alternatives described in the EIR (see Section II , below) .
11. Significant Effect - Drainage and Water Ouality.
The EIR identifies various environmental impacts resulting from
the removal of the South San Ramon creek channel in connection
with development of the Project. These effects include an
increase in runoff from the Project site which would add
incrementally to cumulative runoff in the surrounding basin,
and contributions to existing downstream flooding, erosion and
sedimentation. In addition, water quality in the portion of
the creek culverted would be degraded by sedimentation during
construction, and thereafter by the addition of road grease,
pesticides and fertilizer to the stream.
(a) Facts. A storm drain culvert was approved
by the Contra Costa County Flood Control District, and such
drainage improvements have been completed. Accordingly,
impacts associated with the culverting of the South San Ramon
Creek would not be a result of the approval of this Project by
the Board. Condition 14 requires that the Project sponsor
16
submit landscape and irrigation plans to the County Zoning
Administrator prior to the issuance of grading or building
permits . In addition, Condition 22 requires that preliminary
grading and drainage plans be submitted prior to the issuance
of a building permit. County ordinances require permittees to
effect and maintain measures necessary to prevent damage by
erosion, flooding and deposition of mud or debris originating
from a project site. Lastly, Condition 25 requires that the
Project sponsor comply with the drainage requirements set forth
in Title 9 of the County Subdivision Ordinance.
(b) Findings . The Board finds that the
foregoing conditions; which impose requirements as to
landscaping, irrigation and drainage, as well as conditions on
grading and associated erosion, will reduce the flooding,
erosion, sedimentation and other effects on water quality
associated with the Project and, therefore, substantially
mitigate the adverse impacts on drainage and water quality
identified in the EIR. To the extent any such impacts remain
unmitigated, this Board finds such impacts are acceptable in
light of the overriding social, economic and other
considerations set forth in Section III , below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the Project
alternatives described in the EIR (see Section II , below) .
12. Significant Effects - Traffic. The EIR
identifies certain environmental effects associated with
traffic.
17
(a) Facts . The EIR demonstrates that all of the
intersections analyzed in the EIR would continue to operate at
LOS A or B during both peak hours after the addition of Project
traffic. However, the EIR identifies significant environmental
effects associated with traffic generated by potential
cumulative development . The EIR indicates that after the
addition of cumulative-plus-project traffic, the levels of
service would range from A to D, with LOS D prevailing at
specified intersections . The EIR states that while LOS D is
indicative of increasing congestion, such level is still within
acceptable limits . The residential density of the Project
approved is substantially reduced from that discussed in the
EIR. Condition 25 requires that the Project sponsor comply
with the road improvement and traffic requirements of the
County Subdivision Ordinance. Along Alcosta Boulevard such
improvements would include dual left-turn lanes for south and
northbound traffic, the construction or relocation of frontage
improvements to provide for right turn lanes in advance of
entrances to the Project; the modification and expansion of
existing traffic signalization at the intersection of Alcosta
Boulevard and Bollinger Canyon Road to function as a full
four-way signal; and other improvements and dedications
specified in Condition 25.B. 1. Condition 25 .B.2 requires the
Project sponsor to construct or reconstruct frontage
improvements and widening to Bollinger Canyon Road, and further
traffic signalization, improvements and dedications . A further
18
condition of approval of the Project requires that the Project
sponsor implement a transportation system management program
prior to occupancy. In addition, Condition 25.L requires, as a
further mitigation to the traffic impact resulting from the
Project, that the Project sponsor contribute fees to the Road
Improvement Fee Trust in the amount of $1, 000 per dwelling unit
and $3 . 50 per square foot of office and retail space. Further,
Condition 8 requires that bicycle parking areas be provided
throughout the retail portion of the Project . The Project also
includes pedestrian and bicycle paths as well as dedicated
trails along the Southern Pacific right-of-way.
(b) Findings . The Board finds that these
conditions, together with changes in the Project, substantially
mitigate the traffic impacts created by the Project. The Board
further finds that additional measures to mitigate the traffic
impacts of future cumulative development beyond those specified
in the Conditions of Approval cannot feasibly be imposed. The
implementation of measures necessary to completely mitigate
traffic impacts of future cumulative development in the Project
vicinity is within the responsibility and jurisdiction of the
various cities within Contra Costa County, in addition to this
Board. These cities can and should implement measures
comparable to those incorporated into the Project in order to
mitigate the traffic impacts of future cumulative development .
Accordingly, to the extent any traffic impacts associated with
the Project remain unmitigated, this Board finds such impacts
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µ ,are acceptable in light of the overriding social, economic and
other considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impact or the implementation of the Project
alternatives described in the EIR (see Section II, below) .
13 . Significant Effect - Air Ouality. The EIR
indicates that the Project would likely affect future levels of
ozone, carbon monoxide, and total suspended particulates
( "TSP" ) in the San Ramon Valley and in the Bay Area. The EIR
also states that it is likely that, without mitigation
measures, construction activities would raise TSP
concentrations enough to have a significant impact on local air
quality.
(a) Facts . Traffic associated with the Project,
together with cumulative development in the area, is not
expected to create violations of the one-hour or eight-hour
carbon monoxide standards. The density of the Project has been
reduced from the density discussed in the EIR. The mixed-use
nature of the Project permits circulation within the Project
without the use of automobiles by means of pedestrian and
bicycle pathways. The County' s Subdivision Ordinance requires
sprinkling of unpaved construction areas and the implementation
of other means to reduce TSP concentrations caused by
Construction activity. Numerous mitigation measures and
modifications to the Project have been required as conditions
of approval in connection with the mitigation of impacts
associated with Project traffic (see Finding 12) .
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(b) Findings . The Board finds that the nature
of the Project, the Conditions of Approval, and the reduced
density of the Project substantially mitigate the adverse air
quality impacts identified in the EIR. To the extent any such
impacts remain unmitigated, this Board finds such impacts are
acceptable in light of the overriding social, economic and
other considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the Project
alternatives described in the EIR (see Section II, below) .
14 . Significant Effect - Noise. The EIR identifies
two potential noise effects created by the Project: A
short-term temporary effect during construction of the Project,
and a long-term effect due to Project operation.
(a) Facts . The density of the Project has been
reduced from the density discussed in the EIR. The EIR
indicates that Project vehicles would contribute, at most, a
barely noticeable increase to the noise experienced along the
roads adjacent to the Project. Condition 2.e requires that all
plans shall be prepared in coordination with an acoustical
consultant and shall minimize (to the maximum extent possible)
noise heard on adjacent residential areas . It is further
required by Condition 2.e that the Project minimize noise from
air conditioners, ventilation, delivery vehicles and
compactors. The EIR indicates that construction noise is not
unusual for the Project area. In connection with noise created
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` ,by construction of the Project, state and federal regulations
prescribe standards for muffling construction and transport
equipment. In addition, County ordinances require that grading
operations shall be controlled to prevent nuisances due to
noise and/or vibration. The conditions of approval limit
noise-generating construction activities to weekdays between
the hours of 7: 00 a .m. and 6 : 00 p.m.
(b) Findings . The Board finds that these
factors and conditions substantially mitigate the noise impacts
identified in the EIR. To the extent any such impacts remain
unmitigated, this Board finds such impacts are acceptable in
light of the overriding social, economic and other
considerations set forth in Section III, below. Such
overriding considerations make infeasible the complete
mitigation of such impacts or the implementation of the Project
alternatives described in the EIR (see Section II , below) .
15 . Significant Effect - Energy Consummation. The EIR
identifies increased energy consumption as an impact resulting
from the construction and operation of the Project .
(a) Facts . The EIR indicates that PGandE has
stated that it would be able to supply the required natural gas
and electricity without difficulty. No new major facilities
would be required as a result of the construction and operation
of the Project. The EIR indicates that the mixed-use nature of
the Project, together with the potential for providing
employment for residents of the Project, and housing for
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� employees of nearby developments, reduces the amount of fuel
consumed. The Uniform Building Code and Title 24 of the
California Administrative Code require that the Project comply
with minimum energy conservation standards . Measures
incorporated into the Project in connection with the mitigation
of traffic impacts discussed above (see Finding 12) will
further reduce energy consumption. The reduction in the
density and intensity of the residential uses of the Project
from those discussed in the EIR also will reduce energy
consumption.
(b) Findings . The Board finds that these
factors and conditions substantially mitigate the impacts of
increased energy consumption associated with the Project. To
the extent any such impacts remain unmitigated, this Board
finds such impacts are acceptable in light of the overriding
social and economic conditions set forth in Section III ,
below. Such overriding considerations make infeasible the
complete mitigation of such impacts or the implementation of
the Project alternatives described in the EIR (see Section II ,
below) . Specifically, it is infeasible to require the Project
to adopt energy conservation standards in excess of those
prescribed by Title 24 and the Uniform Building Code. There is
no evidence supporting the presumption that energy use within
the Project will differ significantly from other developments
which have been built pursuant to these existing energy
standards . It is not standard County practice to require a
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single development project such as the Project to supplement
these requirements. The existing energy conservation standards
set forth in Title 24 and the Uniform Building Code have been
developed by governmental agencies following substantial
research, testing, public review and refinement . The Board
finds that it is infeasible to impose different standards on
projects such as the Project in the absence of the development
of uniform standards imposing such further requirements .
16 . Significant Effects - Growth-Inducing Impacts .
The EIR identifies certain growth-inducing impacts associated
with the Project. Specifically, the EIR indicates that the
requested General Plan Amendment and rezoning could encourage
similar requests for undeveloped parcels in the Project
vicinity. The EIR expresses specific concern with respect to
the increase in density associated with the Project discussed
in the EIR. In addition, the EIR indicates that the projected
jobs/housing imbalance in the San Ramon Valley area, increased
retail competition, and demands on water, sewage treatment,
school and traffic facilities associated with the Project would
eventually lead to additional future growth.
(a) Findings . The Board finds that the Project
being approved rezones the residential portion of the Project
site to density levels within the policy limits established
under the County' s General Plan policies . Accordingly, the
concern with respect to the precedent-setting effect of
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approval of the General Plan Amendment and rezoning discussed
in the EIR is not raised by the Project. The Board further
finds that with respect to the other growth-inducing impacts
identified in the EIR, these impacts have been analyzed
separately with respect to each significant effect identified
in the EIR and discussed in detail above. The Board further
finds that these impacts have been avoided or substantially
mitigated as a result of the incorporation of changes in the
Project or the imposition of conditions of approval of the
Project . To the extent any of such impacts remain unmitigated,
the Board finds that such impacts are acceptable in light of
the overriding social, economic and other considerations set
forth in Section III, below. Such overriding considerations
make infeasible the complete mitigation of such impacts or the
implementation of the Project alternatives described in the EIR
(see Section II, below) .
17. Unavoidable Environmental Effects of Proiect .
The EIR identifies certain significant environmental effects
which would result from the Project even with the
implementation of all mitigation measures identified in the
EIR. Specifically, the Project would:
(1) Contribute incrementally to the need for
expansion of the Pacheco Sewage Treatment Plant and for future
upgrading of local school facilities .
(2) Contribute to cumulative traffic impacts,
which would result in the degradation of Levels of Service in
the Project area.
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(3) Accommodate cumulative traffic which will
require major transportation improvements that would expand
roadway and freeway capacity in the San Ramon Valley.
(4) During construction, increase noise at
nearby residential areas temporarily to unacceptable levels .
(a) Findings . The Board finds that these
impacts have been analyzed separately and have been discussed
in detail above. To the extent such impacts remain
unmitigated, the Board finds such impacts are acceptable in
light of the overriding social, economic and other
considerations set forth in Section III , below. Such
overriding considerations make infeasible the implementation of
the Project alternatives described in the EIR (see Section II,
below) .
II . PROJECT ALTERNATIVES.
1. No Proiect Alternative. This alternative would leave
the Project site in its current state, with the option for
development under the existing General Plan for High Density,
Single-Family Residential .
(a) Facts . The Staff Report indicates that this site
is one of the last conveniently located parcels where housing
can be placed close to jobs without total reliance on
automobiles or transit systems . The Staff Report identifies a
need for housing nearby to provide a place for employees to
live in close proximity to job opportunities. The EIR
indicates that the Project site is not suitable for grazing or
intense agricultural use.
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(b) Findings . The Board finds that the No Project
Alternative is infeasible for the following reasons :
(1) mitigation measures incorporated into the Project,
or imposed as conditions of approval of the Project, have
substantially mitigated the environmental effects of the
Project , thereby diminishing or obviating the perceived
mitigative benefits of adopting the No Project alternative;
(2) job opportunities would be lost;
(3) housing opportunities would be lost;
(4) the loss of sales tag revenue would incrementally
increase the cost of County services; and
(5) the social, economic and other benefits derived
from the Project discussed in Section III, below, would not be
obtained.
2 . Single-family, High-Density Residential Alternative.
This alternative would permit the development of between 220
and 384 units on the Project site.
(a) Facts . Although this alternative would place
fewer demands on police and fire services and would generate
less water usage and waste water and solid waste, the number of
students would be increased. This alternative would add fewer
dwelling units to the San Ramon Valley Area housing stock than
would be provided by the Project. Virtually no long-term
employment opportunities would be generated.
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(b) Findings.
The Board finds that this alternative is infeasible
for the following reasons:
(1) mitigation measures incorporated into the
Project, or imposed as conditions of approval of the
Project, have substantially mitigated the
environmental effects of the Project, thereby
diminishing or obviating the perceived mitigative
benefits of adopting this Project alternative;
(2) job opportunities would be lost;
(3) housing opportunities would be lost;
(4) the needed library and child care site and
facilities are not included in this alternative;
(5) the opportunity to provide a mixed-use
development with the resulting reduction in off-site
transportation needs would be lost;
(6) the sales tax revenues generated by the
retail/commercial portion of the Project would be
lost;
(7) the retail and commercial services offered
by the Project would be lost; and
(8) the opportunity to provide a transition from
single-family development south of the Project
site to the office development located at Bishop Ranch
would be lost.
3 . Medium-Density, Multiple-Family Residential
Alternative. This alternative would devote the entire Project
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site to medium-density, multiple-family residential units,
resulting in approximately 1, 155 units of housing.
(a) Facts . This project would increase slightly the
demand for water and the generation of waste water and solid
waste above that required for the Project . In addition,
approximately 30% more students would be added to the local
school district . Virtually no long-term employment
opportunities would be generated.
(b) Findings . The Board finds that this alternative
is infeasible for the following reasons :
(1) the mitigation measures incorporated into the
Project, or imposed as conditions of approval of the
Project, have substantially mitigated the
environmental effects of the Project, thereby
diminishing or obviating the perceived mitigative
benefits of adopting this Project alternative;
(2) the needed library and child care site and
facilities are not included in this alternative;
(3) sales tax revenues generated by the
retail/commercial portion of the Project would be lost;
(4) opportunities to provide a transition from
single-family residential to office development would
be lost;
(5) the retail and commercial services offered
by the Project would be lost;
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(6) the opportunity to provide a mixed-use
development with the resulting reduction in off-site
transportation needs would be lost; and
(7) employment opportunities of the type
provided by the Project would be lost .
III . STATEMENT OF OVERRIDING CONSIDERATIONS
The Board finds that the mitigation measures or
project alternatives necessary to further mitigate or avoid the
significant environmental effects identified in the EIR are
infeasible. Such measures and alternatives would impose
limitations and restrictions on the development of the Project
which would prohibit attaining the specific social, economic
and other benefits of the Project which the Board finds
outweigh these unavoidable or unmitigated impacts , and which
justify approval of the Project notwithstanding the inability
to completely mitigate such impacts . Specifically, the Board
finds that the following social, economic and other
considerations warrant approval of the Project despite the
foregoing unavoidable or unmitigated adverse effects :
The Project provides the San Ramon Valley area with a
day care center and a library site. The EIR identifies the
need for a library site in the Project vicinity. In addition,
the proximity of a child care center to the proposed and
existing office developments adjacent to the Project provides a
desirable opportunity to place such facilities close to centers
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of employment, thereby reducing traffic impacts in other
portions of the San Ramon Valley Area. The combined commercial
and residential nature of the Project provides a desirable
opportunity to provide commercial services near proposed
residential development, and provides housing near existing and
future office development. In addition, the Project provides
compatibility with adjoining office and residential
developments; commercial services for which there is a
demonstrated need; increased commercial employment
opportunities in the San Ramon Valley area in a location
convenient to available housing; transition from lower-density
housing to office/commercial uses thereby protecting existing
residential areas from intrusion of incompatible land uses;
various open space and recreational amenities including the
dedicated trail along the Southern Pacific right-of-way; a
high-quality development which promises sustained economic
viability; street and highway improvements necessary to
accommodate future cumulative traffic beyond that created by
the Project; and increased sales tax revenues .
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