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HomeMy WebLinkAboutMINUTES - 07201993 - H.6 Contra TO: BOARD OF SUPERVISORS . Costa o FROM: HARVEY E. BRAGDON '�, a� iE ;s County DIRECTOR OF COMMUNITY DEVELOPMENT T ` ;40 ti DATE: June 8, 1993 couK1�~ SUBJECT: Hearing on Rezoning Application #2991-RZ and companion application #3011-92 to rezone 21.09 acres of land from General Agricultural District (A-2) to Planned Unit Development (P-1) for 145 lots and two detention basins, a tot lot, open space areas and parking bays. Subject property is a descriptive parcel located at the southeast corner of Cypress Road and Almond Avenue, immediately east of the Marsh Creek Flood Control Channel and south and southeast of an existing subdivision in the Oakley area. The site also fronts on the northeast side of the AT & SF Railroad tracks. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2 . Adopt the Mitigation Monitoring Program as being adequate. 3 . Approve Rezoning Application #2991-RZ and Development Plan 3011-92 as recommended by the East County Regional Planning Commission. 4 . Adopt the East- County Regional Planning Commissions findings as set forth in Resolution #20-1993 as the determination for these actions. 5. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set. forth date for adoption of same. CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ION OF,,4BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER > VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:ART BERESFORD-64 6-2 031 ATTESTED_ cc: Community Development Department PRiL B TCHELOR, CLERK OF 3 C's Devco THE BOARD OF SUPERVISORS Public Works-Attn: Mitch Avalon AND COUNTY ADMINISTRATOR Roger Proctor John Wyro EBRPD-Linda Pratt BY v. , DEPUTY RMP/df Page Two FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This item was heard by the East County Regional Planning Commission on May 3, 1993, at which time the Commission approved Subdivision #7797 and recommended that the Board of Supervisors approve the P-1 Rezoning request #2991-RZ and Final Development Plan 3011-92 subject to recommended Conditions of Approval (Exhibit "A") . Since the proposal is over 100 lots (145 proposed and approved by the East County Regional Planning Commission) , a Traffic Impact Study was required per Measure C (1988) . The report was done for this project as well as five (5) other pending residential developments of more than 100 lots in the Oakley area. The Traffic Impact Report was submitted in June 1992 . The report was received by staff and found acceptable. The Developer agrees with the mitigation measures listed in the report and to do their fair share of improvements (Exhibit B) . On this basis a Negative Declaration of Environmental Significance was posted. On May 3 , 1993 , the East County Regional Planning Commission, after taking testimony, recommended that the Board of Supervisors approve this project or 145 lots, with a tot lot, parking bays and two detention basin areas subject to the Conditions of Approval (Exhibit A) . ADDENDUM TO ITEM H.6 JULY 20, 1993 On June 22, 1993, the Board continued to this date the hearing on the recommendation of the East County Regional Planning Commission on the request of 3 C's DEVCO (applicant) and Roger T. Proctor(owner)to rezone 21.09 acres of land from General Agricultural District (A-2) to Planned Unit District (P-1) in order to conform to the Contra Costa County General Plan (199 1) policies (2991-RZ) and the request for approval to construct 145 single family residences and associated site improvements (DP 3011-92) in the Oakley area. Dennis Barry of the Community Development Department presented the recommendations of his Department and introduced Bud Murphy of the Public Works Department. Mr. Murphy referred to the Traffic Impact Study and conditions identified in that Study. Mr. Murphy recommended the following changes to the recommended conditions of approval: 1. The agreed upon design speed is 45 miles per hour. 2. The developer would be reimbursed for the community share for the construction of a second east bound land from State Highway 4 to the project. 3. Emergency access only would be provided to the south of the project. John Wyro (representing 3C's (DEVCO) advised of his satisfaction with most of the conditions as amended by staff except the crossing over the bridge at Cypress. Linda Pratt(representing the East Bay Regional Park District) referred to the crossing over the bridge at Cypress in which the modifications that are shown in the interim plan for that bridge provide for a 4.5 foot pedestrian bicycle sidewalk. Ms. Pratt advised of future development in the area, increased traffic, and impact on the proposed bridge. She requested the inclusion of a condition to provide for future improvements to widen the bridge for the trail or an additional pedestrian bridge over Marsh Creek with the cost to be shared with this subdivision and developments as the need for these improvements is determined. In response to a question of the Board, Mr. Murphy advised that eventually the bridge in question will have to be widened to accommodate the whole development along the Cypress Corridor which is not required at this time. Mr. Wyro commented on the need to find a funding mechanism to make the trail system work. He advised that his company would not have a problem with contributing their fair share toward the construction of the bridge and pedestrian crossing and proposed the Bethel Island Area of Benefit as a funding source for the development of the Cypress Corridor. Supervisor Torlakson advised that he will soon be bringing to the Board a proposal to link the whole trail system contiguously. Therefore he recommended that the Board close the hearing and approve the recommendations of the Community Development Department. All persons desiring to speak having been heard, IT IS BY THE BOARD ORDERED that the hearing is CLOSED. IT IF FURTHER ORDERED that the recommendations of the Community Development Department are APPROVED including Rezoning Application 2991-RZ, Development Plan 3011-92, and adoption of the East County Regional Planning Commission findings and conditions as amended. IT IS FURTHER ORDERED that Ordinance No. 93-42 giving effect to the rezoning is INTRODUCED, reading waived, and July 27, 1993, is FIXED for the adoption of same. RESOLUTION NO. 20 - 1993 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY 3 C's DEVCO (APPLICANT) AND ROGER T. PROCTOR (OWNER) , (8991=3�Z) , `IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE OAKLEY AREA OF SAID COUNTY. ,WHEREAS, .-a request.:>by : 3 C's .Devco (Applicant) And Roger Jr. Proctor (Owner) ..(2991-RZ) -to rezone land in the 'Oakley--area• from General Agricultural District (A-2) to Planned :Unit District -{P-1) was received on June. 29, 1992 along with Final -Development Plan 3011-92 -and 'Subdivision 7797; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, a traffic impact study was prepared for this and several other projects of more than 100 residential units; and WHEREAS„<the �applicant agreed to the mitigation measures in the traffic impact report; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, va Mitigated Negative Declaration -of- Environmental Significance .was prepared, posted and..circulated; � and` WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, May 3, 1993; whereat all persons interested might appear and be heard; and WHEREAS, on Monday, May 3 , 1993, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter and finds the following: NOW, THEREFORE.f BE IT RESOLVED that -the East 'County'-Regiona�l Planning Commission: • -approves ':Vesting 'Tentative 'Map "'for Subdivision - #7797--y- dated....r.ece ivdd 7797dated. ...received March`, 16, 19 9 31 for 145 single family residences.,;.,a�.png::�rmittf`�-other -uses slsubject ::_to.... the" Conditiofis of Approval; ;J Page Two RESOLUTION NO. 20- 1993 BE IT FURTHER RESOLVED.-that the.Planning,CommissionIS .approval. cif the Vesting Tentative: .Map . •are . contingent on the Board of,.. Supervisors approving ;the rezoning and final 'developmen ` .1 : NOW, THEREFORE, BE .IT-=RESOLVED that the East -County-�Regiona-1 Planning Commission recommends..to the Board of :Supervisors .-of- .•the County of Contra Costa,: State :of -.California,'~�that.::the rezoning request -of, ­3C's `Devco (Applicant) .:and Roger "T: Proctor JOwnery (2991-RZ) be approved for change from GeneralAgricultural District (A-2) to Planned Unit District ,(P-1) , and .that this :.zoning change be made as indicated on the .findings map entitled: . Page H-26 ..of :the:-- County's 1978 Zoning Map. BE'IT FURTHER RESOLVED that County Regional Planning Commission recommends to the Board of Supervisors- of the County of Contra Costal --State of -California, •-that the finaldevelopment plan request for 145 single family residences, „a tot lot, - open space•,� areas, parking space areas, and a portion of :a'.21.09 -acre (2.5 acres) detention basin site be approved. }' 1. The applicant indicates that they intend to commence construction within two and one-half years of the effective date of the final project approval. 2. The development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community and nearby developments. 3. In accordance with required findings of the planned unit district, the County finds that the development is of a harmonious, innovative plan and justifies exceptions from the normal applications of the code, including variances and parcel configuration and design to provide a better conformity with the existing terrain features, shape of the site and limitations in the area. 4. The development, together with provisions for its design and improvement, conforms with the General Plan for the site. 5. The project will provide additional entry level housing. 6. The mitigation measures outlined in the Traffic Impact Study for this project reduce adverse impacts to the subject intersections to less than significant in the Oakley area. Page Three RESOLUTION NO. 20 - 1993 BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: 1. The project is consistent with the County General Plan. 2. The project will provide needed entry level housing for the area. BE IT FURTHER RESOLVED that the Secretary of the East County Regional Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, May 3 , 1993, by the following vote: AYES: Commissioners - Planchon, Wetzel, Hanson; Hern NOES: Commissioners - None ABSENT: Commissioners - Andrieu, Sobalvarro ABSTAIN: Commissioners - None HERBERT HERN Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: HARVEY E. BRAGDON Secretary of the East County Regional Planning Commission, County of Contra Costa, State of California AB/df 2991-RZ.res Findings Map w,� A.2 4 A•2 CYPRESS RD : A-3 RB a � \' A W � 0 j\: ? s A z ♦ — P•1 ----------- ------- II II II II -- •40 LAUREL RQ--pO" Q Rezone From A-Z To 'P- Area Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy of TAGy=S r_ZZ H - ZL A1< -I-ld c OU OM 'S 1-123 indicating thereon the decision of the East County Regional Planning Commission in the matter'of 2A 1 -- Chairman of the East County Regional Planning Commission,State of California ATTEST. S y of th ast County Regional Plan ing Commis on,State of California EXHIBIT "A" CONDITIONS OF APPROVAL FOR 2991-RZ and FINAL DEVELOPMENT PLAN 3011-92 AS REVISED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON MAY 3. 1993 1. The request to subdivide 21.09 t acres parcel is approved for 145 lots subject to the revised vesting tentative map dated received March 15, 1993 by the Community Development Department. The conditions of approval require compliance prior to the filing of parcel map unless otherwise indicated. 2. This approval is contingent on adoption of Rezoning 2991-RZ and Final Development Plan 3011-92. To the extent that there is any conflict between this permit and the permit for the Final Development Plan, the permit for the Final Development Plan approval will govern. 3. This approval is based upon the documents received by the Community Development •Department and listed as follows: A. Revised document dated received by the Community Development Department on March 16, 1993 titled Vesting Tentative Map and Final Development Plan for Subdivision 7797. The total number of lots approved for this development is 145. B. Acoustical Evaluation of Train Noise at Delta Point Sites in Oakley, California dated received by the Community Development Department on July 29, 1992. C. Letter to Paul Kruger, Plummer &Associates, Inc., from Christian A. Andersen, Principal Engineer, Railroad Engineering Department, Kaiser Engineers, on Potential Railroad Derailment Impacts Along the A.T. & S.F. Alignment in Oakley, California, dated received by the Community Development Department on July 29, 1992. D. Review of 1981 letter to Paul Kruger by John H. Bergenson, P.E. Vice _'President Northwest Region, Transportation, ICF Kaiser Engineers, dated received by the Community Development Department September 2, 1992. E. Traffic Impact Study, Six Residential Subdivisions in Oakley by DKS Associates dated received by the Community Development Department on September 2, 1992. F. Legal Release by owner, Roger,.. Proctor, dated received by Community Development Department on September 2, 1992. G. _ Acoustical Evaluation of Train Noise at Delta Point Project sites in Oakley, California by Richard A. Carmen, Senior Consultant, Wilson, Ihrig &Associates, dated received by the Community Development Department on September 10, 1992. H. Geotechnical Investigation Proposed Subdivision Cypress Road and Marsh Creek, by J. H. Kleinfelder & Associates dated received by the Community Development Department on September 10, 1992. 2 I. Preliminary Title Report by First American Title Guaranty Company dated received by the Community Development Department on September 10, 1992. J. Cultural Resources Survey of the Delta Point Project C.C.C., California by EBASCO Environmental, dated received by the Community Development Department on October 19, 1992. K. Oakley Subdivision Alternate Access Study by Glen A. Price III, Korve Engineering, Inc. dated received by Community Development Department on March 25, 1993. 4. The length of approval for the tentative map as well as for the accompanying final ,development plan and rezoning shall be for three years. One 3-year extension may be granted to subject to proper request and approval. 5. The guide for development including dimensional requirements and use provisions shall be the Single Family Residential District R-6, including the following subject review and approval by the Zoning Administrator prior to issuance of building permits: A. Setbacks shall be varied between 17.5 and 25 feet. B. Minimum sideyard shall be 5 feet with not less than 10 feet between buildings. C. Prior to recording the parcel map, submit a plot plan of proposed houses showing setbacks. 6. Lot A shall be made into a tot lot area and shall be provided with suitable play equipment for small children, and benches. 7. Illuta:4, nated-house.numbers visible--.from a public or private roadway are required for ' each residence. 8. Sewage disposal serving the properties concerned in this application shall be provided by the Ironhouse Sanitary District. The sewers located within the boundaries of the properties concerned shall become an integral part of the Ironhouse Sanitary District's sewage collection system. 9. Water supply serving the properties concerned shall be by the Oakley Water District. Such water distribution, located within the boundaries of the properties concerned in this application, shall become an integral part of the Oakley Water District's overall water distribution system. Each individual living unit shall be served by a separate water connection. 10. Comply with the requirements of the Oakley Fire Protection District. 11. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: 3 A. Recreational vehicle, boat trailer or mobilehome shall be stored on the site overnight, one on Lot D which is specific for RV parking. B. Maintenance by homeowners association of the tot lot. 12. A phasing program for the development may be submitted for the review and approval of the Zoning Administrator. 13. At least 30 days prior to requesting recording of the final map, submit a street tree planting plan for the entire development, a landscape for the landscaping and soundwall along the site's frontage along Cypress Road, and a landscape plan for the park area as well as the parking bays and the proposed tot lot area. The plan shall .include typical frontyard landscape plans for the residences on the site. Street trees shall be at least 5-gallon size. Each lot shall have one tree except that corner lots shall have at least 3 street trees. 14. Comply with the landscaping requirements as follows. The following report is subject to the Zoning Administrator's review and approval. Landscaping shall conform to the County's Water Conservation policies in regards to use of drought-tolerant trees, bushes and ground covers. 15. A trail shall be constructed along the north side of Parcel B between Delta Landing and Delta Point Road. A suitable trail connection from the site to the East Bay Regional Park District's Marsh Creek trail shall be provided. 16. Prior to requesting the recording of the final map, the property's frontage with the East Bay Regional Park District Marsh Creek Trail shall be fenced with a suitable 6-foot tall chain link fence with plastic or wood slats, subject to the review and approval of the Zoning Administrator. The design for the soundwall along Cypress Road shall be sub"tted-to tha Oakley Municipal Advisory Council for their comments prior to the approval by the Zoning Administrator. The comments of the OMAC shall be forwarded to the Zoning Administrator. 17. At least 30 days prior to requesting approval to record the final map, submit a detail of the design for the soundwall along the Atchison, Topeka & Santa Fe Railroad. The design shall include a color rendering of the wall and a discussion as to its adequacy for reducing sound by a competent acoustical expert. 18. At least 30 days prior to requesting recording the final map, submit a landscape plan for the trail along the property's frontage on Marsh Creek flood control channel. A scattering of native trees shall be planted along this section of the trail if agreed to by the East Bay Regional Park District and the County Flood Control District. If either District declines to have the trees planted, then they shall not be required. 19. Prior to recording the final map, submit a landscape plan for the park-detention basin, acceptable to the Flood Control District for Zoning Administrator and OMAC review and approval. Landscaping shall be installed prior to occupancy of residences. 4 20. Landscaping along Cypress Road frontage as well as the irrigation plan shall be reviewed and approved by the County Public Works Department prior to approval by the Zoning Administrator. The Public Works Department, Flood Control Division, shall also review and approve landscape plans for the detention basins/park area. 21. Fence design and location shall be shown on the landscape plans. The soundwall plan shall also be shown on the landscape plans. The fencing of the rearyard areas of the lots that do not front or back up to soundwalls or to the East Bay Regional Park District trail shall be solid wood fencing with metal poles every 8-feet to help hold the fence up in the soft ground. Further, the street frontage in this area shall be planted with a suitable street tree along both sides, subject to the review and approval of the Zoning Administrator. 22. All required landscaping shall be installed or bonded prior to occupancy, and shall be maintained by the applicant until occupancy. 23. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist 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 the find and suggest appropriate mitigation(s), if deemed necessary. 24. At least 45 days prior to recording a Final Map, issuance of Building Inspection Department permits, or installation of improvements or utilities, submit a preliminary geotechnical (geology, soil, and foundation) report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Planning Geologist. This report shall include evaluation of the potential for liquefaction and seismic settlement. Improvement, grading, and building plans shall carry out the recemmendatioas, of the approved-report. 25. Record a statement to run with deeds to the property acknowledging the approved report by title, author (firms), and date, calling attention to approved recommenda- tions, and noting the report is available from the seller. 26. Guide to development and use provisions for the site shall be as follows: A. Setback for residential units shall be varied between 17.5 and 25 feet. All garages can have a setback of at least 17.5 feet provided vertical garage doors are used. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of at least 10 feet. Rearyard minimums for units shall be 15 feet. The R-6 zoning district shall be used as a guide for the height, lot coverage for each lot as well as the location for any detached sheds or outbuildings. Prior to recording the_final map, the applicant shall submit a sample of color and exterior materials for the review and 5 approval of the Zoning Administrator. The fences between lots shall be solid wood and shall be at least 5 feet high. The residences of this development shall be finished with a suitable colors which shall be complimentary. Resi- dences located at corner lots shall be single story as often as possible. 27. The following statement shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." 28. The garage area of each residence shall be wired for electric car recharging subject to the review and approval of the Zoning Administrator, and subject to the adoption of final Board policy. 29. Lots 40, 41 and 91-92 shall be reconfigured subject to review and approval by the Zoning Administrator. 30. Comply with the following construction, noise, dust and litter control requirements: A.,—Noise gwerating construction activities, including such things as power ' generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. 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 and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. 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 . j 6 persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each lot. This shall include provision for an on-site area in which to park earth moving equipment. 31 . 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 action. The tax shall be $200 per parcel annually (with appropriate future Consumer Price Index (CPI] adjustment). The election to provide for the tax must be completed prior to the filing of the Parcel Map. The property owner shall be responsible for paying the cost of holding the election. The fee for election costs will be due at the time that the election is requested by the owner. 32. The applicant shall receive a "will serve" letter from the Liberty Union High School District and the Oakley School District prior to filing the final map. 33. Provision of a child care facility or program is required for this development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. 34. Pursuant to Government Code Section 66474.9,the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Community Development Department 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 subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 35. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 7 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. Conformance with the Ordinance includes the following requirements. 1) Constructing road improvements along the frontage of Cypress Road. Constructing curb, eight-foot sidewalk(width measured from curb face), necessary longitudinal and transverse drainage,and necessary pavement widening along the frontage from the Marsh Creek Channel to the A.T. & S.F. Railroad tracks will satisfy this requirement. The face of curb shall be constructed at the ultimate location as determined by the Public Works Department prior to the filing of the Final Map. Any changes to the tentative map lotting pattern as a result of the road and right of way requirements on Cypress Road shall be subject to the review and approval of the Zoning Administrator. The applicant shall be required to transition his frontage improvements into the existing improvements at the Marsh Creek bridge. 2) Installing street lights and annexing the property to County Service Area L-100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Depart- ment, Engineering Services Division. 3) Constructing a paved turnaround at the end of the proposed private road. 4) Undergrounding of all utility distribution facilities, including the existing _ distribution facilities-along the Cypress Road frontage. 5) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with the design standards of the Public Works Department. The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. Obtain a Flood Control encroachment permit from the Public Works Department, Application and Permit Center, for. any work within the Flood Control District right of way. 8 6) Verifying that all finished floor elevations are above the 100-year flood elevation. 7) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 8) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improve- ments required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the County Public Works Department, Road Engineering Division. 9) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional right of way on Cypress Road as required for the planned future width. Prior to the filing of the final map it shall be determined whether a separate grade crossing of the A.T. & S.F. Railroad tracks at Cypress Road is ultimately needed. If it is determined that a grade separation will ultimately be needed, the applicant shall grade his frontage to allow for construction of the grade separation and locate soundwalls and other facilities to accommodate the proposed grade separation. In addition, if it is determined that a grade separation over the A.T. & S.F. Railroad tracks is needed,.used on ultimate development of the area and ultimate proposed train traffic, convey to the County a slope easement along Cypress Road for future realignment of Cypress Road for a grade separation over the A.T. & S.F. Railroad tracks. The slope easements shall be subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. C. This development may take access from either Cypress Road or an extension of Bernard Road over Marsh Creek Channel. If, as proposed, the applicant takes access to the subdivision via Cypress road, the following improvements will be required, subject to the-review and approval of the Public Works Department, prior to the filing of the final map. 1> Install a traffic signal at the project entrance and coordinate its timing and operations with that of the A.T. & S.F. Railroad signal and gates to prevent traffic from being stopped at the railroad tracks. The signal shall also be interconnected with the existing traffic signal at the State Highway 4/Cypress Road interchange. 9 2) Provide a left turn on Cypress road, with a minimum of 100 feet of storage, to facilitate access to the project site. The tapers for the left turn lane shall be designed per Caltrans standards for a design speed of 60 miles per hour. 3) Construct a second eastbound lane from State Highway 4 to the project access. 4) Construct the first 100 feet of the access road to a 40-foot width, to County private road standards. The access road shall be designed to accommodate the future horizontal and vertical alignments of Cypress Road, taking into account the possibility of a railroad overpass over the A.T. & S.F. Railroad tracks if it is determined that the grade separation is necessary. 5) Provide for adequate sight distance at the project road intersection with Cypress Road for a design speed of 50 miles per hour, in accordance with Caltrans standards. The sight distance analysis shall take into consideration the existing and ultimate railing location over the Marsh Creek bridge, which is presently in the line of sight at that intersection. 6) Provide for a pedestrian and bicycle crossing for East Bay Regional Park District (EBRPD) trail at the signalized intersection of the access road with Cypress Road, subject to the review of the EBRPD and the review and approval of the Public Works Department, Engineering Services Division. OR, AS AN ALTERNATIVE lt,.access is taken from Bernard Drive via a bridge over Marsh Creek Channel, the applicant shall convey to the County, by Offer of Dedica- tion, a 52-foot right of way of Bernard Road and the proposed access bridge. The road and bridge shall be constructed to County public road standards with the curb face 10 feet from the right of way line from the terminus of Bernard Road to Delta Pointe Road. Construct a four-foot six-inch sidewalk along both sides of the public road and over the proposed bridge. Eliminate access to Cypress Road and submit a revised tentative map to -the Zoning Administrator for review and approval. D. Provide for adequate sight distance at all internal intersections for a design speed of 30 miles per hour in accordance with Caltrans standards. E. Relinquish abutter's rights of access along Cypress Road, with the exception of any approved access point along Cypress Road. 10 F. Construct a 32-foot (curb to curb) paved private roadway to County private road standards, with 5-foot maintenance and utility easements on each side of the roads, to serve all parcels in this proposed subdivision. No structures or fences shall be allowed within the easement areas. G. Construct the extension of the westerly portion of the Meadow Lark Loop northerly to the southerly boundary of this subdivision as a 33-foot (curb to curb) paved private road to County private road standards within a 33-foot access easement with 5-foot maintenance and utility easements on each side - of the road. No structures of fences shall be allowed in the easement areas. H. Install safety related improvements on Cypress Road (including traffic signs and channelization) as approved by the Public Works Department. I. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, draining across the sidewalk and driveways. J. Submit a sketch plan to the Public Works Department, Road Engineering Division, for review showing all public road improvements and adjacent private road improvements prior to starting work on the improvement plans. the sketch alignment plan shall be to scale and show proposed future curb lines, lane striping details and lighting. The sketch alignment plan shall also include sufficient information to show that adequate sight distance has been provided. K. Apply to the Public Works Department for annexation to the County Land- scaping District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded). A separate zone shall be set up for the landscaping in the public right-of-way. If a joint use agreement with the Flood .._--Control Ustrict allows enhanced landscaping of the detention basin then the landscaping district shall maintain the basin landscaping pursuant to the joint use agreement. Submit landscaping plans to the Public Works Department and pay the plan review and field inspection fee. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. L. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. M. The property lies within the 60 Db noise level portion of the Noise Contour Map. The applicant shall submit an acoustical analysis prepared by a. qualified expert and based on ultimate road widening and ultimate development of the area, and mitigate impacts subject to the review and approval of the Zoning Administrator. 11 N. Establish a maintenance agreement to insure the continued future maintenance of the proposed private roads. 0. Expand the Subdivision 5946 detention basin located adjacent to the southwest corner of this property to provide an additional 7.5 acre-feet of storm water storage capacity with a surface elevation of 19.5 feet. The basin side slopes shall have a maximum slope of 4:1 and the top of the basin slope shall be located 15 feet from the Marsh Creek Channel right of way line. Design of the basin shall be subject to the review and approval of the Flood Control District. The basin area shall be granted to Contra Costa County in fee title. The top of curbs within the subdivision site discharging into the basin shall be no lower than elevation 19.5 feet. P. The lots along the Marsh Creek Channel right of way shall be designed to slope toward the street. Q. Install a six-foot high chain link fence along the Marsh Creek right of way. R. Prior to the filing of the Final Map, coordinate with the Flood Control District the establishment of Drainage Area 520 with a benefit assessment formed to provide for the maintenance of the detention basin facilities. S. Verify that the water surface elevations of the floodway area are not increased by the lot fill encroachment into the. floodway area. T. Provide pedestrian access to the Marsh Creek trail along the south side of Parcel G and in the vicinity of proposed Lot 118, if Bernard Road is not extended across Marsh Creek. If Bernard Road is extended across Marsh — Creek, tl;re applicant will be sequired to construct trails from the south and from the north of Bernard Road to the Marsh Creek trail subject to the review of the Public Works Department, Engineering Services Division, the East Bay Regional Park District, and subject to the review and approval of the Zoning Adminis- trator. The trails shall be also designed to handle anticipated Flood Control District maintenance operations, subject to the review and approval of the Flood Control District. Dedicate the necessary easements to the Flood Control District for the maintenance access road. U. Construct the trail from Cypress Road to Marsh Creek to East Bay Regional Park District standards, subject to the 7eview of the Public Works Department and the review and approval of the Zoning Administrator. The maintenance road crossing at Cypress Road shall be subject to the review and approval of the Flood Control District. V. Prior to filing the final map, record an easement of access rights over Meadowlark Lane to provide access to the property to the south (Subdivision 5946) and show proof of recorded easement right of access to the roads in Subdivision 5946. 12 W. Prior to filing the final map, contribute this development's fair share towards the following improvements, identified in the June 19, 1992 Traffic Impact Study by DKS Associates, as needing additional mitigation. The applicant's share of these improvements shall be based on the number of approved units in this development divided by the anticipated number of approved units within the Oakley/N. Brentwood AOB boundary now and the year 2000. This condition of approval will be satisfied if the Oakley/N. Brentwood AOB is updated to include the improvements referenced above. SR 160/SR 4 Northbound approach off-ramp requires double right turn lanes. Neroly Road/SR 4 Eastbound approach requires separate right turn lane. Empire Avenue/Lone Tree Way Install a traffic signal. X. Driveways on streets with grades less than 8% shall be designed and constructed to allow for handicap access in accordance with Title 24. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on this property. B. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville, California 94599,of any proposed construction within this development that may affect fish and wildlife resources, per Fish & Game Code. C. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to -comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley/N. Brentwood Area of Benefit as adopted by the Board of Supervisors. E. The applicant will be required to comply with the drainage fee requirements for Drainage Area 52D as adopted by the Board of Supervisors. F. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. 13 G. Comply with the requirements of the Ironhouse Sanitary District. H. Comply with the requirements of the Health Services Department. I. Comply with the requirements of the Liberty Union High School District. J. Comply with the Oakley Fire Protection District. K. The applicant will be required to pay an environmental review fee of $1 ,050.00 for the Department of Fish & Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final .environmental documents. L. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CPI] adjustments). The annual fee is subject to modification by the Board of Supervisors in the future. The current fee for holding the election is $800 and is also subject to modification in the future. The applicable tax and fee amounts will be those established by the Board at the time of voting. M. This project is subject to the development fees in effect under County Ordinance as of September 10, 1992, the date the vesting tentative map application was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in the conditions of approval. The fees include but are not limited to the following: Park Dedication: $1 ,350 per residence. An estimate of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department at 646-4992. RMP/aa RZXIX/2991-RZC.RP 4/19/93 5/3/93 - EC(a)