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HomeMy WebLinkAboutMINUTES - 08171993 - H.4 4.q THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993 by the following vote: AYES: Supervisors Powers, McPeak, Torlakson NOES: Supervisor Bishop ABSENT: Supervisor Smith ABSTAIN: None RESOLUTION NO. 93/517 SUBJECT: In the Matter of the ) Byron 78 General Plan Amendment #5-90-EC ) The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with this Board and its clerk a copy of Resolution No. 9-1993, adopted by the East County Regional Planning Commission, which discusses a General Plan Amendment for the Byron 78 project (#5-90-EC). On April 20, 1993 the Clerk of the Board noticed for hearing on the said General Plan Amendment discussed by East County Regional Planning Commission, Resolution 9-1993. Notice of said hearing was duly given in the manner required by law. This hearing was continued to May 4, 1993. The Board, at the hearings, called for testimony of all persons interested in the matter. After taking testimony, the Board closed the public hearing and continued the matter until May 25, 1993 for a further report on issues by staff. On May 25, 1993 the Board deferred a decision upon the General Plan Amendment until the current planning issues are resolved and specifically referred the issues of childcare; the east-west trail access, and the potential for Marsh Creek Road extension to the East County Regional Planning Commission for their consideration and held this item on the agenda until June 15, 1993 for further discussion. The Plan amendment was scheduled for decision for August 17, 1993. The Board APPROVES the General Plan Amendment and directs staff to include the Byron 78 General Plan Amendment in one of the consolidated general plan amendments for 1993 as allowed by State Planning Law. An Environmental Impact Report was prepared on this project and on the linked development applications. The Board determines that the EIR was completed in compliance with CEQA, and that the Board has reviewed and considered the information therein prior to approving the General Plan Amendment, and adopts .the CEQA findings and Statement of Overriding Considerations and the Mitigation and Monitoring Plan for these projects. Both are on file with the Clerk of the Board of Supervisors. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe sora on the date shown. ATTESTED: PHIL B TCIELOR,Clerk Of the Boar j:Lv1sp,a_nd.Coun;y dminlstrator BY .Deputv RESOLUTION 93/517 We15-90-I:c.reg ' H. 4 Contra TO: BOARD OF SUPERVISORS - ?. Costa o? FROM: HARVEY E. BRAGDON . County DIRECTOR OF COMMUNITY DEVELOPMENT '��._ DATE: August 17, 1993os�� coiirifii � SUBJECT: DECISION. ON GENERAL PLAN AMENDMENT #5-90-EC AND HEARING ON REZONING APPLICATION #2968-RZ AND COMPANION APPLICATIONS MINOR SUBDIVISION 39-91 AND FINAL DEVELOPMENT PLAN 3031-9.1 TO REZONE APPROXIMATELY 16.7 ACRES FROM HEAVY AGRICULTURE (A-3) TO PLANNED UNIT DEVELOPMENT (P-1) FOR DEVELOPMENTOF A RETAIL SHOPPING CENTER, IN THE BYRON AREA. I SPECIFIC REQUEST(S) OR 'RECOMMENDATION(S) 6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as prepared for this as being adequate. 2. Adopt the mitigation monitoring program as being adequate. 3 . Adopt General Plan Amendment 5-90-EC. 4 . Approve Rezoning with a Preliminary Development Plan Application #2968-RZ, Final Development Plan 3010-91, and Minor Subdivision 39-91 as recommended by the East County Regional Planning Commission. 5. Adopt the East County Regional Planning Commission findings as set forth in -Resolution #33-1993 as the determination for these actions. 6. Accept the findings as prepared for this project as adequate. 7. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS General Plan Amendment #5-90-EC was previously heard by the . Board on May 4, 1993 , deferred to May 25, 1993 and again to June 15, 1993 at which time the hearing was closed and a decision was deferred until the East County Regional Planning Commission could hear and make recommendations on the related development files and be heard by the Board together. This item was heard by the East County Regional Planning Commission on July 12, 1993 . The Commission, after taking public testimony, closed the public hearing and recommended approval of the applications with Staff's recommended conditions and some modifications including: (1) Provide a pedestrian access to the Discovery Bay Community east of Kellogg Creek; and (2) A will service letter for domestic water and sanitary service shall be provided prior to issuance of a building permit, rather than at filing of the final map for this project. (3) Add dedication of right of way for the extension of Marsh Creek Road. The Commission was concerned that the project would be limited to vehicle access and felt a pedestrian access to Discovery Bay from the center should be considered by the applicant and the local community. The addition of the pedestrian trail has the potential to reduce trips on Highway 4 to the center. 1 . In addition, testimony was provided by the Sanitation District 19 and the Discovery Bay Community that the existing domestic and waste water system may not have capacity to accommodate the project. The Commission's requirement to obtain domestic water and sanitary services prior to issuance of a building permit will require the applicant to develop their own system, or ensure Discovery Bay's system is adequate as existing or by modification prior to any development occurring on the site or the Final Map being filed. CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION #OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD .ON August 17 , 1993 APPROVED AS RECOMMENDED x OTHER x On June 15, 1993, the Board of Supervisors deferred decision on the Byron 78 General Plan Amendment until after the East County Regional Planning Commission makes recommendations on applications 2968-RZ, Development Plan 3031-91 and Minor Subdivision 39-91 and requested that the General Plan Amendment be scheduled for the same date as the public hearing on the project entitlements . This is the time heretofore noticed by .the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning Commission on the request by Milano Surveying (applicant) and Tony Ujdur (owner) (2968-RZ) to rezone approximately 16 . 7 acres of land from Heavy Agriculture (A-3) to Planned Unit District (P-1) for a 10 . 37 acres retail site with approximately 107, 570 square feet of retail business space and a . 8 acre service station, for approval of Final Development Plan #3031-91 for a 10 . 37 acre retail site with approximately 107, 570 square feet of retail business space, and for approval of a vesting tentative map to subdivide 78 acres into four parcels (Minor Subdivision 39-91) in the Byron area. Mary Fleming, Community Development Department, presented the staff report on the proposed project, describing the site location, and she commented on the above recommendations with modification to recommendation 4 that it be subject to the adoption of the Third Consolidated Amendment of the General Plan and subject to the adoption of the Ordinance to rezone the site . Supervisor Bishop expressed reservations about the proposed project and advised she would not be able to support the proposal . The public hearing was opened and the following persons presented testimony: Clark Morrison, Morrison and Foerster, P.O. Box 8130, Walnut Creek, representing Byron 78, commented on the proposal and requested favorable consideration by the Board. Peter Alexandra, 706 Willow Lake Road, Byron, representing Sanitation District #19, expressed concerns with the water and sanitation system and service and he advised that a study should be done on what type of service this proposal would require . 2 . Supervisor Torlakson requested clarification on the provision of a will serve letter. Mr. Alexander responded that when the study is put in place and done, they could possibly provide a will serve letter. William Slifer, 4660 Spinnaker Way, Byron, expressed concerns on issues including the proposed footpath into Discovery Bay and access . Sherri Anderson, no address given, spoke in opposition. The public hearing was closed. Karen Bowers, Morrison and Foerster, spoke in rebuttal . Supervisor Torlakson requested clarification on the delineation and protection of the wetlands . Mr. Morrison responded that most of the wetlands site had been avoided. Jim Cutler, Community Development Department, commented on the General Plan Amendment . Supervisor Torlakson moved approval of the proposal with the condition the Planning Commission recommended on the 30 foot dedication for the future extension of Marsh Creek Road, and the condition that says that the community will be involved in the process to decide where the pedestrian access will be but that it should not be along Highway 4 , and that the wetlands issues are ones that should be worked out with the Army Corps of Engineers . The Board discussed the motion. IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 approving the General Plan Amendment 5-90-EC and directing that it be placed in the Third Consolidated General Plan Amendment for 1993 , 4 with conditions as amended (Exhibit A attached) and subject to the adoption of the third consolidated amendment to the General Plan for 1993 and the adoption of the rezoning ordinance, 5, 6 and 7 are APPROVED; and Ordinance No. 93-74 , giving effect to the rezoning, is INTRODUCED, reading waived, and September 28, 1993 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: Iy...y, I NOES: III ACTION TAKEN AND ENTERED ON THE ABSENT: TT ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbis Aime - 646-2031 ATTESTED August 17 , 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF . Milano Surveying THE BOARD OF SUPERVISORS Tony UjdurCO701 � Y ADMINISTRATOR Mitch Avalon-Public Works Byron Fire Protection Dist. BY , DEPUTY 3 . CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Milano Surveying. APPLICATION NO. 2968-RZ 1983 Mohawk DrivenP 3031=91 Pleasant Hill, CA 94523 M. S. 39-91 ASSESSOR'S PARCEL NO. 011-220-022 ZONING DISTRICT: P-1 OWNER: Tony Ujdar VESTING DATE: March 18, 1993 116 Birchbark Place Danville, CA 94506 APPROVAL DATE: October 5, 1993 EFFECTIVE DATE: October 5, 1993 This is to notify you that the Board of Supervisors has granted your request for a rezoning, final development plan and major subdivision, subject to the attached conditions shown as Exhibit II. HARVEY E. BRAGDON, Director Community Development Department By: Mary Flemi g, Assistant Dir ctor - Current Planning PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. Unless otherwise provided, you have 36 months from the approval date to file the FINAL MAP. . ��r�►innn � � CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 39-91 AS APPROVED BY THE BOARD OF SUPERVISORS ON AUGUST 19, 1993 1. Approval of Minor Subdivision 39-91 is contingent upon approval of Rezoning 2968- RZ, rezoning Parcel A and Parcel B of MS 39-91 to Planned Unit Development and Final Development Plan 3031-91 . 2 Prior to filing the Parcel Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. The approved street names shall be shown with filing of the Parcel Map. 3. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. 4. The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 5. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 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 Bixler Road. Along the Frontages of Parcels A & B: Constructing curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, pavement widening, left-turn lanes for each project access and a half-width median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of all or part of the 2 half-width median island, subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. Along the Frontages of Parcel C: An exception to this requirement is granted provided a deferred improvement agreement is executed requiring the owner(s) of the property involved in Subdivision MS 39-91 and Permit 3031-91 to construct the improvements as outlined above for Parcels A & B. Along the Frontages of Parcel D: Constructing pavement widening, a four-foot rock shoulder, and adequate transitions along the frontage will satisfy this requirement. The minimum total width of pavement on Bixler Road along the Parcel D frontage shall be 32 feet. 2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the access points along the frontage and a right turn lane onto Bixler Road will satisfy this requirement. The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The applicant shall construct a pedestrian trail to the property to the east, to Newport Drive, including a pedestrian bridge across Kellogg Creek. The design and location of the pedestrian trail shall be subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The project design shall also accommodate convenient pedestrian movement for the public through the project from Bixler Road to the pedestrian trail to the Discovery Bay community. The bridge railings shall be constructed of a non-conducting material, or be properly grounded to prevent the railings from conducting electricity. Maintenance of the bridge and trail west of the bridge shall be performed by the developer. Maintenance of the trail east of the bridge shall be by the Discovery Bay community (M-8). The applicant shall work with the Discovery Bay community, such as the Discovery Bay Municipal Advisory Council, and the property owner to the east, on the location of the pedestrian connection to the Discovery Bay community east of Kellogg Creek, and coordinate with the State and Federal regulatory agencies on routing the pedestrian trail between Parcel B and Kellogg Creek. � �I'M I6 �7 ° 3 If at the time of issuance of building permits for Parcel C, or 10 years after the filing of the Parcel Map, whichever is the longest time, property rights or easements for the trail on the east side of Kellogg Creek cannot be obtained and the Discovery Bay Municipal Advisory Council has not identified a feasible trail route, then the Board of Supervisors may waive the requirement to construct the trail and the bridge. The pedestrian path shall not be located along Highway 4 unless the issue is returned to the Board of Supervisors for their approval prior to the end of the period described above. The State Highway 4 transition to the west of Bixler Road shall include a right turn acceleration lane from Bixler Road to Highway 4; subject to reimbursement from the frontage property owner when the fronting property owner develops. If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on the Creek. The proposed right of way width for State Highway 4 is 126 feet, and the required right of way width for Kellogg Creek will be at least 100 feet. 3) Installing street lights on Bixler Road and Highway 4 and annexing the property to County Service Area L-100 for maintenance of the street 1 lights. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. The street lights along Parcel C can be included in the deferred improvement agreement for Parcel C. Street lights are not required along the frontage of Parcel D. 4) Undergrounding of all utility distribution facilities, including the existing distribution access along the Highway 4 and Bixler Road frontages, except along the frontage of Parcel D. 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 design standards of the Public Works Department. l_7!!\11J IJ U U W 4 1' The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch along the boundary between Parcels C & D. Because this ditch is a man-made facility and not a natural watercourse, the applicant will be required to verify its adequacy under the requirements of Title 9. If the ditch conveying storm drainage from this property also conveys irrigation district water,then the hydraulic analysis for the ditch must consider the joint use during the wet winter months from October 15 to April 15. The applicant shall dedicate the corresponding right of way over the entire length of the ditch to a public entity which would assume the maintenance responsibility over the ditch. The-County will not take over the maintenance of this facility unless the existing ditch is replaced with an underground culvert from Bixler Road to Kellogg Creek. If prior to filing the parcel map the maintenance entity has not been determined, then the design and maintenance of the ditch shall be determined prior to the issuance of building permits for Parcel C. In the interim, the applicant may privately maintain the ditch, providing the applicant execute a maintenance agreement and post appropriate security to assure maintenance of the ditch. 6) Verifying that all finished floor elevations are above the 100-year flood elevation. 7) 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. 8) Submitting a Parcel Map prepared by a registered civil engineering or licensed land surveyor. B. This project shall comply with the provisions of the Byron 78 General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: 1) Contribute this project's "fair share" amount toward the following areawide improvements: a. The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b. Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Discovery Bay Boulevard. EMU .1 5 C. Widening Highway 4 to four lanes north of Mash Creek Road and east of Discovery Bay Boulevard. d. Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above,this project's fair share contribution to the areawide road system shall consist of construction of the recommended Highway 4 improvements enumerated above as A2, A3 and A4, along the frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from future impacting developments. Prior to filing Parcel Map the applicant may submit a traffic study based upon buildout of the proposed development and development of the surrounding area by the year 2000 to determine the need for, and time of, the traffic signal. In addition, prior to filing the Parcel Map, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection shall be required. The fair share amount shall be determined by a traffic study reflecting the project's increase in peak hour traffic versus the cumula- tive increase in peak hour.traffic generated through the intersection. 2) Provide for maintenance access for Kellogg Creek along the easterly boundary of the property, subject to the review and approval of the Public Works Department. C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. All widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right- of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Parcel Map. D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide for bus pull-outs and covered bus shelters at locations designated by the Tri-Delta Transit Authority, subject to the review of the Public Works and Caltrans, and subject to the review and approval of the Zoning Administrator. Pedestrian facilities shall be provided from the project to the bus stop. F. Provide at least fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road intersection, subject to the review of Caltrans and the Public Works Department and subject to the review and approval of the Zoning Administrator. n Ee7pjP"u 6 G. Install a traffic signal interconnection between the traffic signal at the Bixler Road/State-Highway 4 intersection and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject to the review and approval of the Public Works Department and Caltrans. Interconnection may utilize microwave technology if allowed by Caltrans. This work is part of the signalization of the intersection of Bixler Road and State Highway 4 and reimbursement shall be in-the same manner described for the intersection work. H. Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. I. Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. J. Provide for adequate corner sight distance based on a design speed of 55 miles per hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 in accordance with CALTRANS standards. K. Restrict access along the State Highway 4 and Bixler Road frontage of Parcels A & B, including curb returns. Access openings will be allowed as shown on the tentative map or as modified by these conditions of approval, and to access Kellogg Creek. L. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. Plans for improvements on Highway 4 must be approved by Caltrans prior to the filing of the Parcel Map. M. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. N. The Bixler Road accesses shall be coordinated with those of the Albers project to the west, subject to the review and approval of the Public Works Depart- ment. 0. Physically restrict the accesses along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of Caltrans. Only two entrances to Highway 4 shall be allowed, excluding the maintenance access to Kellogg Creek. P. The applicant shall contribute $1 .55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit, if building permits are issued prior to adoption of a new Delta Expressway fee ordinance. If the proposed Delta Expressway fee ordinance is adopted prior to issuance of building permits, the applicant shall instead be responsible for payment of the adopted fee. � ��LD)u G"� 7 Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler road, not State Highway 4. R. 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 of 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 interests in accordance with Section 66462 and Section 66462.5 of the Subdivision Map Act. S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Parcel Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. T. Construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created by this project. This scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg Creek shall be reviewed by the Public Works Department prior to the filing the final map. If the Public Works Department determines that the level of development in the project does not represent sufficient "equivalent value" of $.17 per square foot to perform a significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $.17 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing of the final map. U. The Public Works Department, Engineering Services Division,has recommended that the property owner of the property at the northwest corner of Bixler Road at State Highway 4 (Subdivision 7679) be conditioned to reimburse the applicant of Subdivision MS 39-91 for any of the road improvements which EX-T a o 0� Q 8 Subdivision MS 39-91 constructs along the Subdivision 7679 frontages of State Highway 4 and Bixler Road. The property owner of Subdivision 7679 shall also be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision MS 39-91 shall be required to reimburse the owner of Subdivision 7679 for any of the road improvements which the Albers project constructs along the Byron 78 frontages along State Highway 4 and Bixler Road. Subdivision MS 39-91 shall also be required to reimburse the developer or entity which installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. If a traffic study indicates a signal is not needed with this project then, prior to the filing of the Parcel Map, the applicant shall contribute 25% of the cost of the signal to a Road Improvement Fee Trust (Fund No. 819200-0800). The Public Works Department, Engineering Services Division, will recommend that the property currently designated as the proposed Discovery Bay West project, located north of this property, be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for this subdivision, the applicant shall enter into a reimbursement agreement for the work described above. If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 and Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. At least $1 ,000 or 1%, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa County Public Works Department, Engineering Services Division for administra- tion costs. V. Convey to the County, by offer of dedication, 30 feet of right of way along the north property line for the future potential extension of Marsh Creek Road. ADVISORY NOTES A. Comply with the requirements of the Sanitary District 19. B. Comply with the requirements of the Byron Fire Protection District. K' Jff Q i 9 C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. F. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required. G. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by the Board of Supervisors. H. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency 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. 87-65) as they pertain to future construction of any structures on this property. I. The applicant will be required to pay an environmental review fee of $850 for the Department of Fish and 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. J. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II or Central Valley-Region V). DD/aa MSXXIII/39-91 C.DD 4/22/93 5/3/93 7/12/93 - EC (a) 8/19/93 - BOS(c) 3 -� G. If required by the terms of the transmission line easement, prior to issuance of a building permit, project applicant shall secure approval of site plans from P. G. & E. and WAPA. Plans shall meet the requirements listed on Pg. 71 of the EIR as well as any other conditions imposed by P. G. & E. and WAPA. Water and Sewaqe 7. Prior to filing the final map provide proof that adequate water and sewage service is available to the site. 8. The project shall be required to expand the District 19 sewage treatment plant to accommodate wastes generated by the project, and to install connections from the project to the plant. 9. The project shall be required to meet the following requirements that are currently imposed by other agencies: A. Sewage disposal will be subject to standards and regulations of the County Public Health Department. A will serve letter for domestic water and sanitary sewer service from Sanitation District #19 shall be submitted to the Zoning Administrator prior to issuance of building permits for this project. B. Discharge to the river may require a permit from the Regional Water Quality } Control Board. C. Precautions relative to hazardous or toxic materials will be required to conform to U. S. Environmental Protection Agency (EPA), State and County regulations on handling of wastes. D. Any underground storage tanks permitted on the site shall be subject to federal, state and local regulations, including (but not limited to) those identified in the drainage and hazardous materials sections of the EIR prepared for this project (pp. 53-64 and 64-70, respectively). Fire 10. A. The applicant shall be required to provide an adequate and reliable water supply for fire protection. The flow required for commercial and industrial building depends on the type of construction and the size of the building: typically, shopping centers require flows of 4,000 gpm, assuming they are sprinkled throughout; required fire flow must be delivered from not more than three hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main (Thude, 1987 and McCarthy, 1991 ). B. Structures developed on the property must have built-in fire protection to deliver an acceptable level of protection. This protection must be in the form of approved autornatic fire sprinklers. ^ . . . . . � �3 G. If required by the terms of the transmission line easement, prior to issuance of m building permit, project applicant ehoU secure approval of site plans from P. G. & E. and \A/APA. Plans shall meet the requirements listed on Po. 71 of the E/R as well as any other conditions imposed by P. G. Q^ E. and VV4PA. Water and Sewage7. Prior tmfiling the final map provide proof that adequate water and sewage eanico is available to the site. B. The project shall be required to expand tha District 19 sewage treatment plant to accommodate wastes generated by the project, and to install connections from the project to the plant. 8. The project shall be required tumeet the following requirements that are currently innpmaad by other agencies: A. Sewage disposal will basubject to standards and regulations of the County Public Health Department. A will serve letter for domestic water and sanitary sewer service from Sanitation District #19 mho|| be submitted tothe Zoning Administrator prior to issuance of building permits for this project. B. Discharge tothe river may require a permit from the Regional Water Quality Control Board. C. Precautions relative to hazardous or toxic materials will be required to conform to U. S. Environmental Protection Agency (EPA), State and County regulations on handling of wastes. O. Any underground storage tanks permitted on the site shall be subject to federal, state and local regulations, including (but not limited to) those identified in the d[8iD8g8 and hazardous materials sections ofthe E|R prepared for this project (pp. 53-64 and 64-70' respectively). Fire 10. A. The applicant shall be required to provide an adequate and reliable water supply for fire protection. The Uqvx required for Cornrnerda| and industrial building depends On the type of construction and the size of the building: typicaUy, shopping centers require flows of 4'000gprn. assuming they are sprinkled throughout; required fire flow must be delivered from not more than three hydrants flowing simultaneously while maintaining 20 pounds of residual pressure inthe main (Thude' 1987 and McCarthy, 1991). B. Structures developed on the property must have built-in fire protection to ' deliver an acceptable level of protection. This protection must be in the form of approved autOn1at)C fire sprinklers. EM �[��� �U��U U &�"=,uv uv 5 dust palliative or suppressant, added to water before application, should be utilized. C. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by,the wind. -D. Sweep construction area and adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic. E. Limit the speed of all construction vehicles to 15 miles per hour while on site. Air Quality 14. Prior to issuance of a building permit, the applicant shall develop a Transportation Demand Management (TDM) program for the commercial portion of the project as required by the TDM Ordinance. The program should commit to strategies to encourage ride-sharing, bicycling, pedestrian or other non-auto travel modes to reduce the total number of daily vehicle trips to the site. An aggressive TDM program has the potential to reduce daily trips by about 10 to 15 percent and air quality impacts associated with auto use would be reduced proportionally. All signals on SR 4 should be coordinated to reduce vehicle idling. Landscaping 15. Prior to issuance of a building permit, submit revised landscape and irrigation plans in conformance with the water conservation and landscape ordinance for review and approval of the Zoning Administrator. All trees shall be a minimum of 15 gallons and shrubs a minimum of 5 gallons. The trees within the parking lot shall be spaced a minimum of every four parking spaces, and be installed at time of construction. Archaeological 16. 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. Si ns 17. Prior to issuance of a building permit, submit a sign program for review and approval of the Zoning Administrator. Revisions or alterations to these signs are subject to the review and approval of the Zoning Administrator. EMEff Q 6 A. Individual business sign letters shall be a maximum of 24 inches in height for ' the "supermarket" and "drugstore"; 18 inches in height for individual businesses. B. One sign per storefront exclusively is permitted. The corner store on Bixler Road may have one sign per frontage. C. At least one suitable directional/center identification sign is permitted for center. The design and height is subject to review and approval of the Zoning Administrator. Design 18. The proposed buildings shall be similar to that shown on submitted plans. 19. Prior to the issuance of a building permit, elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, television aerials, etc., or they shall be screened from view. The building shall be finished in metal, glass, concrete block, stucco and other materials acceptable to the Zoning Administra- tor in conformance with elevations. 20. Final design of the free standing building shall be approved by the Zoning Administrator prior to issuance of building permits. A land use permit may be required to establish the use. Building and landscape plans shall be submitted at least 30 days prior to anticipated request for a building permit. 21 . The site lighting shall be designed and/or deflected to shine only onto the site. Site lighting details shall be submitted for the Zoning Administrator's review and approval at least 30 days prior to requesting building permits. 22. No outdoor storage or sales of materials shall be allowed except for charitable events and events approved by the center's merchants association subject to review and approval of the Zoning Administrator. 23. Refuse area shall be properly screened from view. Special attention shall be given towards screening the adjacent properties. Refuse containers shall be large enough to contain waste produced on the site. 24. Restaurants shall be allowed not to exceed 15,000 square feet subject to the review and approval of the Zoning Administrator. A parking impact study may be required before the approval of a restaurant. A land use permit will be required if "take-out" food is proposed. 25. A pedestrian plaza area shall be provided between the supermarket/drug store of the retail buildings. The plaza may include: round tree planters with seating, a textured EK00ff Q 7 walking surface, shielded, non-glare lighting. 400 to 500 sq. ft. may be useable by a restaurant for outdoor dining area with review and approval of the Zoning Administrator. An alternative proposal may be considered subject to review and approval of the Zoning Administrator. Biological 26. Prior to issuance of a building permit, submit a survey for fairy shrimp, conducted by a qualified invertebrate zoologist for review and approval of the Zoning Administrator. These surveys shall include dip net searches of pond sites through the months of February and March. If surveys indicate that fairy shrimp are present in seasonal pools of the project site, project development should avoid such pools. Alternatively, the project applicant shall develop a wetland restoration plan consistent with the habitat requirements of vernal pool shrimp that meets with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. 27. Prior to issuance of a building permit, submit a survey for H. curvipes, conducted by a qualified entomologist for review and approval of the Zoning Administrator. These surveys shall be conducted in February and March. If H. curvipes is found to be present in seasonal pools of the project site, develop a wetland restoration plan consistent with the habitat requirements of H. curvipes. Alternatively, the project applicant should develop a wetland restoration plan consistent with the habitat requirements of H. curvipes that meets with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Alternatively, the project applicant shall develop a wetland restoration plan consistent with the habitat requirements of H. curvipes that meet with the approval of the California Department of Fish & Game and the U. S. Fish & Wildlife Service. 28. Prior to issuance of a building permit, submit a survey to assess use of the site by San Joaquin kit fox conducted by a qualified biologist for review and approval of the Zoning Administrator. Coordinate mitigation measures with both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Mitigation measures must include on-site construction measures to prevent "take" of any individuals that may den on the site. At present, lost foraging habitat must be replaced at a three-to-one ratio. As set forth in the staff report, this mitigation measure has been satisfied. 29. Prior to issuance of a building permit, submit a preconstruction survey for burrowing owls conducted by a qualified ornithologist to ensure that no owls are buried as a result of construction grading for review and approval of the Zoning Administrator. Should owls occur on the site, then a plan for their relocation shall be drafted and implemented by a qualified ornithologist. 30. Prior to issuance of a building permit, submit a survey for Contra Costa goldfields conducted by a qualified botanist during March and April for review and approval of the Zoning Administrator. If this species is present on the project site, the project should be designed such that all populations, and the vernal pools which provide habitat for them, are avoided. Alternatively, a wetland restoration plan shall be rEARBYHY Q 8 developed, consistent with the requirements of this species, which would permit its reestablishment elsewhere. Indemnification 31 . Pursuant to Government Code Section 66474.9, the applicant (including the subdivider) shall defend, indemnify, and hold harmless the Contra Costa County Community Development Department and its agents, officers,and employees from any claim, action, or processing 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. Road and Drainage 32. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 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 Bixler Road. Along the Frontages of Parcels A & B: Constructing curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, pavement widening, left-turn lanes for each project access and a half-width median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of all or part of the half-width median island, subject to the approva! of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. Along the Frontages of Parcel C: An exception to this requirement is granted provided a deferred improvement agreement is executed requiring the owner(s) of the property involved in Subdivision MS 39-91 and Permit 3031-91 to construct the improvements as outlined above for Parcels A & B. Along the Frontages of Parcel D: Constructing pavement widening, a four-foot rock shoulder, and adequate transitions along the frontage will satisfy this requirement. The minimum total width of pavement on Bixler Road along the Parcel D frontage shall be 32 feet. 9 2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the access points along the frontage and a right turn lane onto Bixler Road will satisfy this requirement. The face of the curb shall be 45 feet from the ultimate centerline of the road,except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The applicant shall construct a pedestrian trail to the property to the -east, to Newport Drive, including a pedestrian bridge across Kellogg Creek. The design and location of the pedestrian trail shall be subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The project design shall also accommodate convenient pedestrian movement for the public through the project from Bixler Road to the pedestrian trail to the Discovery Bay community. The bridge railings shall be constructed of a non-conducting material,or be properly grounded to prevent the railings from conducting electricity. Maintenance of the bridge and trail west of the bridge shall be performed by the developer. Maintenance of the trail east of the bridge shall be by the Discovery Bay community (M-8). The applicant shall work with the Discovery Bay community, such as the Discovery Bay Municipal Advisory Council, and the property owner to the east, on the location of the pedestrian connection to the Discovery Bay community east of Kellogg Creek, and coordinate with the State and Federal regulatory agencies on routing the pedestrian trail between Parcel B and Kellogg Creek. If at the time of issuance of building permits for Parcel C, or 10 years after the filing of the Parcel Map, whichever is the longest time, property rights or easements for the trail on the east side of Kellogg Creek cannot be obtained and the Discovery Bay Municipal Advisory Council has not identified a feasible trail route, then the Board of Supervisors may waive the requirement to construct the trail and the bridge. The pedestrian path shall not be located along Highway 4 unless the issue is returned to the Board of Supervisors for their approval prior to the end of the period described above. The State Highway 4 transition to the west of Bixler Road shall include a right turn acceleration lane from Bixler Road to Highway 4, subject to reimbursement from the frontage property owner when the fronting property owner develops. 10 If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on the Creek. The proposed right of way width for State Highway 4 is 126 feet, and the required right of way width for Kellogg Creek will be at least 100 feet. 3) Installing street lights on Bixler Road and Highway 4 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 Department, Engineering Services Division. The street lights along Parcel C can be included in the deferred improvement agreement for Parcel C. Street lights are not required along the frontage of Parcel D. 4) Undergrounding of all utility distribution facilities, including the existing distribution access along the Highway 4 and Bixler Road frontages, except along the frontage of Parcel D. 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 design standards of the Public Works Department. The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch along the boundary between Parcels C & D. Because this ditch is a man-made facility and not a natural watercourse, the applicant will be required to verify its adequacy under the requirements of Title 9. If the ditch conveying storm drainage from this property also conveys irrigation district water,then the hydraulic analysis for the ditch must consider the joint use during the wet winter months from October 15 to April 15. The applicant shall dedicate the corresponding right of way over the entire length of the ditch to a public entity which would assume the maintenance responsibility over the ditch. The County will not take over the maintenance of this facility unless the existing ditch is replaced with an underground culvert from Bixler Road to Kellogg Creek. If prior to filing the parcel map the maintenance entity has not been determined, then the design and maintenance of the ditch shall be determined prior to the issuance of building permits for Parcel C. In the interim, the 11 applicant may privately maintain the ditch, providing the applicant execute a maintenance-agreement and post appropriate security to assure maintenance of the ditch. 6) Verifying that all finished floor elevations are above the 100-year flood elevation. 7) 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. 8) Submitting a Parcel Map prepared by a registered civil engineering or licensed land surveyor. B. This project shall comply with the provisions of the Byron 78 General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: 1) Contribute this project's "fair share" amount toward the following areawide improvements: a. The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b. Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Discovery Bay Boulevard. C. Widening Highway 4 to four lanes north of Mash Creek Road and east of Discovery Bay Boulevard. d. Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the areawide road system shall consist of construction of the recommended Highway 4 improvements enumerated above as A2, A3 and A4, along the frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from future impacting developments. Prior to filing Parcel Map the applicant may submit a traffic study based upon buildout of the proposed development and development of the surrounding area by the year 2000 to determine the need for, and time of, the traffic signal. In addition, prior to filing the Parcel Map, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection shall be FEM U A r 12 required. The fair share amount shall be determined by a traffic study reflecting the project's increase in peak hour traffic versus the cumula- tive increase in peak hour traffic generated through the intersection. 2) Provide for maintenance access for Kellogg Creek along the easterly boundary of the property, subject to the review and approval of the Public Works Department. C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. All widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list; then credit may be provided for the additional right- of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Parcel Map. D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide for bus pull-outs and covered bus shelters at locations designated by the Tri-Delta Transit Authority, subject to the review of the Public Works and Caltrans, and subject to the review and approval of the Zoning Administrator. Pedestrian facilities shall be provided from the project to the bus stop. F. Provide at least fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road intersection,subject to the review of Caltrans and the Public Works Department and subject to the review and approval of the Zoning Administrator. G. Install a traffic signal interconnection between the traffic signal at the Bixler Road/State Highway 4 intersection and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject to the review and approval of the Public Works Department and Caltrans. Interconnection may utilize microwave technology if allowed by Caltrans. This work is part of the signalization of the intersection of Bixler Road and State Highway 4 and reimbursement shall be in the same manner described for the intersection work. H. Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. I. Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. ?�J1 D �� W 13 J. Provide for adequate corner sight distance based on a design speed of 55 miles per hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 in accordance with CALTRANS standards. K. Restrict access along the State Highway 4 and Bixler Road frontage of Parcels A & B, including curb returns. Access openings will be allowed as shown on the tentative map or as modified by these conditions of approval, and to access Kellogg Creek. L. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. Plans for improvements on Highway 4 must be approved by Caltrans prior to the filing of the Parcel Map. M. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. N. The Bixler Road accesses shall be coordinated with those of the Albers project to the west, subject to the review and approval of the Public Works Depart- ment. O. Physically restrict the accesses along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of Caltrans. Only two entrances to Highway 4 shall be allowed, excluding the maintenance access to Kellogg Creek. P. The applicant shall contribute $1 .55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit, if building permits are issued prior to adoption of a new Delta Expressway fee ordinance. If the proposed Delta Expressway fee ordinance is adopted prior to issuance of building permits, the applicant shall instead be responsible for payment of the adopted fee. - Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler road, not State Highway 4. R. 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 of 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 interests in accordance with Section 66462 and Section 66462.5 of the Subdivision Map Act. UWE a 14 S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Parcel Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. T. Construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created by this project. This scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg Creek shall be reviewed by the Public Works Department prior to the filing the final map. If the Public Works Department determines that the level of development in the project does not represent sufficient "equivalent value" of $.17 per square foot to perform a significant amount of improvements to Kellogg Creek, then the applicant has the option-to contribute $.17 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing of the final map. U. The Public Works Department, Engineering Services Division,has recommended that the property owner of the property at the northwest corner of Bixler Road at State Highway 4 (Subdivision 7679) be conditioned to reimburse the applicant of Subdivision MS 39-91 for any of the road improvements which Subdivision MS 39-91 constructs along the Subdivision 7679 frontages of State Highway 4 and Bixler Road. The property owner of Subdivision 7679 shall also be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision MS 39-91 shall be required to reimburse the owner of Subdivision 7679 for any of the road improvements which the Albers project constructs along the Byron 78 frontages along State Highway 4 and Bixler Road. Subdivision MS 39-91 shall also be required to reimburse the developer or entity which installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. ULD) f 15 If a traffic study indicates a signal is not needed with this project then, prior to the filing of the Parcel Map, the applicant shall contribute 25% of the cost of the signal to a Road Improvement Fee Trust (Fund No. 819200-0800). The Public Works Department, Engineering Services Division, will recommend that the property currently designated as the proposed Discovery Bay West project, located north of this property, be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal the remaining 500/0 of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for this subdivision, the applicant shall enter into a reimbursement agreement for the work described above. If an area of benefit for road improvements is formed which includes installation of the-traffic signal at State Highway 4 and Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. At least $1,000 or 1%, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa County Public Works Department, Engineering Services Division for administra- tion costs. V. Convey to the County, by offer of dedication, 30 feet of right of way along the north property line for the future potential extension of Marsh Creek Road. ADVISORY NOTES A. Comply with the requirements of the Sanitary District 19. B. Comply with the requirements of the Byron Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. EllULl L tJ D)��. (rU i 16 F. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required. G. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by the Board of Supervisors. H. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency 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. 87-65) as they pertain to future construction of any structures on this property. I. The applicant will be required to pay an environmental review fee of $850 for the Department of Fish and 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. J. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II or Central Valley-Region V). DD/aa MSXXIII/39-91 C.DD 4/22/93 5/3/93 7/12/93 - EC (a) 8/19/93 - BOS(c) flDff W J RECEIVED I im 1r: , CLERK BOARD Of SUFERVISCI CONTRA COSTA CO. _. ,i BIOLOGICAL ASSESSMENT BYRON 78 PROPERTY CONTRA COSTA COUNTY, CALIFORNIA August 12, 1993 Prepared for: Morrison &Foerster P. O. Box 8130 Walnut Creek, CA 94596-3570 Prepared by: LSA Associates, Inc. 157 Park Place Pt. Ricbmond, California 94801 (510) 236-6810 LSA Project #MOF201 LSA Associates,Inc. ' TABLE OF CONTENTS ' PAGE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE 01, STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' PROJECT LOCATION 1 ENVIRONMENTAL SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' METIIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 RESULTS AND DISCUSSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' SPECIES ACCOUNTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1 1 08/11/93(P:\,MOF201\BIOASSMT.RYI') 11 ' LSA Associates,Inc. ' SUMMARY ' ISA Associates, Inc. (LSA) conducted a biological assessment of the Byron 78 property located in east Contra Costa County. The purpose of the assessment was to determine if several sensitive plant and animal species occurred on the ' property. Surveys were conducted for the following species: vernal pool fairy shrimp, longhorn fairy shrimp, Conservancy fairy shrimp, California linderiella, vernal pool tadpole shrimp, Ricksecker's water scavenger beetle, curve-footed hygrotus diving beetle, California tiger salamander, western spadefoot toad, and Contra Costa goldfields. ' Survey methodology included walking transects, dipnet sampling of water bodies, and laboratory identification of species. ' No special status amphibian or plant species were recorded from the site. Vernal pool f tiryshrimp (Branchinecta lynchi)was found in 14 seasonal pools on the property. No other special status invertebrate species were observed. ' os/t t/93(P:\MOF201\BIOASSM'r.IZPI') iii ' ISA Associates,Inc. INTRODUCTION ' PURPOSE OF STUDY This report presents the results of ISA's biological survey to determine the ' presence and status of tadpole and fairy shrimp, Ricksecker's water scavenger beetle, curve-footed hygrotus diving beetle, California tiger salamander, western spadefoot toad, and Contra Costa goldfields on the proposed Byron 78 development in Contra Costa County, California. Presently, vernal pool fairy shrimp (Branchinecta lynchi), longhorn Fairy ' shrimp(Branchinecta longiantenna),conservancy fairy shrimp(Branchinecta conservatio), California linderiella (Linderiella occidentalis), and vernal pool tadpole shrimp (Lepidurus packardi) have been proposed by the federal ' government for listing as federally endangered species. The California tiger salamander (Ambystorpta californiense) has been petitioned for federal listing and its status is currently under review. Contra Costa goldfields (Lasthenia conjugens), is a federal category 1 candidate species. Ricksecker's water 1 scavenger beetle(Hj,drochara rickseckeri),curve-footed hygrotus diving beetle (Hygrotus curvipes) and the western spadefoot (Spea hammondii) are federal category 2 candidate species. The California tiger salamander and the western spadefoot are also considered species of special concern by the State of California. All of these species are found in association with seasonal wetlands and the Byron 78 site contains seasonal wetland habitat and is within the known or expected range of all species. This survey was necessary to determine if any ' of these special status species were present on the project site and how they would pose a potential constraint to site development if present. tPROJECT LOCATION ' Byron 78 is a 78 acre project site located approximately 1.5 miles northeast of the town of Byron, northeast of the Bixler Road/I-Iighway 4 intersection, at T1N, R3E, section 35 of the IJS(;S Woodward Island quad, in eastern Contra ' Costa County. The project site is bordered by Highway 4 to the south, Bbder road to the west and Kellogg Creek to the east. A proposed 11.3-acre shopping center is proposed in the southwest corner of the property at the intersection of Bixler Road and Highway 4. The 78-acre site contains approximately 33.7 acres of wetlands, of which a portion is seasonally ponded water. 1 ENVIRONMENTAL SETTING The Byron 78 project area is characterized by level terrain typical of the San Joaquin-Sacramento River delta region. The site is underlain by poorly drained 08/11/93(P:\MOF201\BIOASSM'1'.RPI') 1 1 LSA Associates,Inc. ! alluvial soils which are subject to ponding. These soils are alkaline and support alkali-tolerant species such as iodine bush (Allenrolfea occidentalis) ' and salt grass (Distichlis spicata ssp.stolonifera). A majority of the site is dominated by a non-native grassland community. This ' community is characterized by a cover of non-native annual grasses such as brome grasses (Bromus sp.), wild barley (Hordeum sp.) and medusa head grass (Taeneatherium asperum). Other annual species present include wild mustard (Brassica nigra), clover (Trifoliurn sp.), and fiddleneck (Amsinkia east uloodii). A drainage canal, referred to as the cross canal, is present on the southern third of the site and flows eastward into Kellogg Creek at the site's eastern boundary. This canal is a man-made structure which drains the field west of ' Bixler Road. The cross canal has recently been cleared of vegetation. Cattail (Typha sp.) apparently dominated the channel as evidenced by the remains of cattail plants deposited along the canal bank. The canal banks are presently dominated by non-native grasses and forbs. ' Seasonal wetlands on the site cover 33.7 acres. South of the cross canal, wetlands include a large seasonal pool approximately 600 by 500 feet in size and several pools located in two shallow, parallel troughs which bisect this portion of the site diagonally from northwest to southeast. Ilydrophytic vegetation present in this pool include yellow-eyed lasthenia (Lasthenia ' chrysantha), popcorn flower (Plagiohothrys stipitatus), and little mousetail (Myoserus mininzurnus). An open stand of iodine bush (Allenrolfea occidentalis) is present south of the cross canal and encompasses about one- third of this portion of the site. North of the cross canal, a few iodine bush shrubs are present immediately ' north of the canal in a seasonal wetlands area. This area supports plant species similar to seasonal wetlands south of the cross canal with a few small pools. Additional seasonal wetlands are located in the northeastern portion of the property. Wetlands along the east side of the property have been disturbed by the installation in the summer of ]992 of the PG&E, PGT natural gas pipeline through the property. 08/11/93(P:\MOF201\IBIOASSMT.RPT) 2 ' LSA Associates,Inc. ' METHODS ' Wildlife surveys were initiated January 24 and conducted approximately every two weeks thereafter until April 19. Sampling was conducted in all waterbodies on the project site with the potential to support amphibian larvae and freshwater invertebrate Fauna. Sampling procedures consisted of two parts. The first was a visual examination of a waterbody to observe animals swimming in the water column. Following visual inspection, a 14- by 12-inch D-frame dip net on a five-foot hardwood handle was pulled through the water to capture animals that were not visible. The net was drawn through each sample site by holding the net mouth just above the bottom surface and walking through the sample site, moving the net through the water and occasionally bumped along the bottom to stir up any henthic organisms. The net was periodically removed from the water and checked for presence of aquatic species. Invertebrates were collected and stored in one pint canning jars for later identification. ' Sampling was continue(( until all portions of a seasonal pool were surveyed. Invertebrate specimens that were collected were preserved in 10% formalin and stored in 70% Ethyl alcohol. All shrimp and beetles collected were 1 identified to species using a Bausch and Lomb dissecting scope, then labeled and cataloged. The sampling results were recorded by location and date on aquatic data sampling sheets. Botanical surveys were conducted concurrently with wildlife studies and consisted of collecting specimens of goldfields, storing them in plastic bags, ' and identification to species in the lab. Goldfield specimens were collected and identified during their Flowering period on the property. 08/11/93(P:\MOF201\BIOASSMT.ItPI') 3 LSA Associates,Inc. RESULTS AND DISCUSSION 1993 was a year with above average rainfall, and all seasonal wetlands with potential to support aquatic invertebrates and amphibian larvae filled with and held water. In central California (which includes the project site), aquatic ' invertebrates and amphibian larvae populations showed exceptional success in areas where they occurred. Shrimp species became evident in occupied seasonal ponds during late December 1992 and activity peaked during mid- February. Some localities had secondary hatches ofBrancbinecla during early April, well after the peak activity time. Amphibian larvae, including spadefoot toads and California tiger salamanders, started appearing in mid-January and ' continued through late May and early June in areas retaining water this late in the season. ' Surveys of the project site coincided with sampling activity at other localities where the target aquatic invertebrates and amphibian larvae were collected or observed. These localities included sites near the town of Brentwood, within ten miles of the project sites as well ,is other localities in the Fast Bay area. All waterbodies on the Byron 78 project site were sampled for special status species during the 1993 rainy season. Four surveys were conducted on the 1 site, one each on January 28, February 15, March 5, and March 25, 1993. A total of 42 separate waterbodies was sampled. Fairy shrimp were collected in 15 pools on the property. Vernal pool fairy shrimp was the only special status ' species observed or collected on the project site and it was collected in 14 pools. Other invertebrate species observed in water bodies on the site include southwestern fairy shrimp, water fleas (cladocerans), seed shrimp (ostracods), ' and several non-target (living beetles (coleoptera). Surveys for the Contra Costa goldfields were conducted on March 25 and April 19. SPECIES ACCOUNTS Contra Costa Goldfields Status ' Contra Costa goldfields is a federal category 1 candidate and is a CNPS List 1B species. The species has no designation with the State of California. Distribution ' Contra Costa goldfields grows in vernal pools, vernal swales, and other wet grassy areas and has been collected from Alameda County to Mendocino County. Presently it is known to occur only in Napa and Solano counties. The closest recorded historic location to the project site was to the southwest, 08/11/93(P:\MOF201\BIOASSMT.RP"1') 4 1 LSA Associates,Inc. near Byron. Recent surveys have Failed to detect this species in Contra Costa County. 1 Findings Suitable habitat for goldfields exists in the seasonal wetland areas on the project site and one species of goldfield was observed on the site during the ' March 25 and April 19 surveys. On both occasions, specimens of goldfields were collected and identified as common goldfields (Lasibenia cbrysantba). No Contra Costa goldfields were identified from the project site. The lack of ' observations of this species on the Byron 78 property indicate that the Contra Costa goldfields does not occur on the site. 1 California Linderiella Status The California linderiella (Linderiella occidentalis) is a federal category 1 candidate species and the species has been proposed for listing as endangered ' by the USFWS. The species is not listed by the State of California. Distribution California linderiella occurs in freshwater vernal pools throughout the ' California Central Valley, the western Sierra Nevada foothills, and the California South Coast Range. [airy shrimp of this genus have been observed in pools on the Santa Rosa Plateau of Riverside County, but may be described as a new species. The closest known California linderiella locality to the project site is in the southeast portion of the town of Brentwood, eight miles west of the project site (LSA observation). ' Findings While suitable habitat for this species exists in the seasonal pools on the project site, no California linderiella were collected or observed during these surveys. Surveys were conducted (luring the activity period for this species and specimens were observed and collected at several off-site localities including the Brentwood sites. The lack of observations of this species on the Byron 78 property indicate that the California linderiella does not occur on the site. 08/11/93(P:\,MOF20I\.1310ASSMT.RPT) 5 LSA Associates,Inc. Vernal Pool Fairy Shritnp ' Status The vernal pool fairy shrimp (Branchinecta lynchi) is a federal category 1 candidate species and the species has been proposed for listing as endangered by the USFWS. The species is not listed by the State of California. ' Distribution Vernal pool fairy shrimp occurs in freshwater and alkaline vernal pools throughout the California Central Valley, the western Sierra Nevada foothills, the California South Coast Range, and the Santa Rosa Plateau of Riverside ' County. Vernal pool fairy shrimp have been found in vernal pools and seasonal wetlands near the southern portion of the town of Brentwood, 5 miles west of the project site (I.SA observation). Findings Suitable habitat for this species exists in the seasonal pools on the project site. ' Fairy shrimp were observed or collected in 15 separate waterbodies on the Byron 78 property from Jan 2()-March 25. Vernal pool fairy shrimp, was observed in 14 of these water bodies located throughout the project site. ' A second fairy shrimp species collected on the site was identified as southwestern fairyshrimp(Branchinecta lindahli). Southwestern fairyshrimp was found in a heavily disturbed pool located in the central portion of the northern half of the property. No other species of shrimp was observed on the project site. Longhorn Fairy Shrimp ' Status The longhorn fairy shrimp (Branchinecta longiantenna) is a category 1 candidate species and the species has been proposed for listing as endangered by the USFWS. The species is not listed by the State of California. Distribution ' Longhorn fairy shrimp is known from only three locations; ephemeral rock outcropping depressional pools in the Kellogg Creek watershed of Contra Costa County north of the project site, a rock depressional pool at Joaquin 08/11/93(P:\MOF201\BIOASSATr.RPT) 6 1 1Aw a\, \\ \ \\\y\ i0 csSI hiical eeti>rg Mof me Zec edamm -'' meas ZJi unsd'c�'o��W g�,rimp Comteia�pool F ais`!sblt mn'P Veozg oo�F a�zY 93 yew Ca.�lari5 O� Og 11 ® LO r '� e�feet o t r 1 ISA associates.Inc. ' Murrieta Caves in Altamont Pass, Alameda County to the east, and in thirteen swale associated desert scrub pools near Soda Lake in San Luis Obispo County (Eng et al., 1991). The Kellogg Creek rock pools are located approximately ten miles southwest of the project site. ' Findings While suitable habitat for this species could exist in the seasonal pools on the ' project site, no long-horned fairy shrimp were collected or observed during these surveys. Surveys were conducted during the activity period for this species and specimens were observed and collected near the Soda lake site ' (Balfour, pers. comm.). The lack of observations of this species on the Byron 78 property indicate that the Icing-horned fairy shrimp does not occur on the site. 1 Conservancy Fairy Sbrimp Status The Conservancy fairy shrimp (Branchinecta conservatio) is a federal category ' 1 candidate species and the species has been proposed for listing as endangered by the LJSFWS. The species is not listed by the State of California. ' Distribution ' Conservancy fairy shrimp is found in large, deep, playa-type vernal pools. The species is known from only four separate California localities in Tehama, Merced, Ventura and Solano counties. The closest known locality to the project site is at Jepson Prairie, 25 miles northwest of the project site (ling, et al., 1990). Findings ' Seasonal pool habitat on the project site is marginal for this species. Conservancy fairy shrimp are more commonly found in large, deep, playa-type ' pools. No playa-type pools occur on the project site and no conservancy fairy shrimp were collected or observed during these surveys. Surveys were conducted during the activity period for this species and specimens were observed and collected at several off-site localities including the Jepson Prairie site (Muth, pers. comm.). The lack of observations of this species on the Byron 78 property indicate that the conservancy fairy shrimp does not occur on the site. 08/11/93(P:\MOF201\BIOASSM'1'.RPT) 7 ' ISA Associates,Inc. Vernal Pool Tadpole Shrimp 1 Status The vernal pool tadpole shrimp (Lepidurus packardi) is a federal category 1 ' candidate species with the federal government and the species has been proposed for listing as endangered by the t1SPWS. The species is not listed by the State of California. Distribution Vernal pool tadpole shrimp occur in freshwater vernal pools located on the floor of the Central Valley of California from the town of Redding to central Merced County. Tadpole shrimp have been collected from Jepson Prairie, 25 miles north of the project site (Muth, pers. comm.). Findings While suitable habitat for this species exists in the vernal pools and seasonal wetlands on the project site, no tadpole shrimp were collected or observed ' during these surveys. Surveys were conducted during the activity period for* this species and specimens were observed and collected at several off-site localities (Muth, pers. comm). The lack of observations of this species on the Byron 78 property indicate that the tadpole shrimp does not occur on the site. Curve foot Hygrotus Diving Beetle Status The curve-footed hygrotus diving beetle is a category 2 candidate species with the federal government and has no status with the State of California. Distribution ' The curve-footed hygrotus diving beetle is known only from ponds and ephemeral drainages in eastern Contra Costa County. The beetle is noted to prefer alkaline pools like those on the project site. ' The species has been reported in vernal pools,streams, and made-made water- filled structures at the Byron Airport, three miles south of the project site (Stromberg 1991). 08/11/93(P:\MOI'-201\I31oASSMT.RPT) 8 ' ISA Associates,Inc. Findings While suitable habitat for this species exists in the vernal pools and seasonal wetlands on the project site, no specimens of this species were collected. Curve-footed hygrotus diving beetles burrow in the mud in the bottom of ' waterbodies and would have been collected as the dipnet was bounced along the bottom of the pool. Two genera of diving beetle were collected during surveys and identified as Agabus sp. and Laccodytes sp. No curve-footed hygrotus diving beetle were collected or observed. The lack of observations of this species on the Byron 78 property indicate that the curve-footed diving beetle does not occur on the site. Ricksecker's Water Scavenger Beetle Status Ricksecker's water scavenger beetle is a category 2 candidate species with the federal government .and has no status with the State of California. Distribution Ricksecker's water scavenger beetle is only known from thirteen specimens. Its range is generally considered to be the throughout the Bay Area. Collections have been made from freshwater seeps, springs, Farm ponds, and slow moving streams in the Santa Rosa, Alameda, and Livermore areas. Findings While suitable habitat for this species exists in the seasonal pools on the project site, Ricksecker's water scavenger beetle is noted to prefer less alkaline waterbodies. One genera of water scavenger beetle was collected during surveys and identified as Tropisternus sp. No Ricksecker's water scavenger beetle were collected or observed on the project site. The lack of observations ' of this species and the alkalinity of the wetlands on the Byron 78 property indicate that the Ricksecker's water scavenger beetle does not occur on the site. ' California Tig er Salamander Status The California tiger salamander is a federal category 2 candidate and a 1 California species of special concern. A petition to consider this species for listing has was filed with the IJSFWS. The tJSFWS issued a 90-day finding that 08/11/93(P:\.M0F201\BK ASSMT.RPT) 9 LSA Associates, Inc. found the requested action may be warranted and have begun a formal status review of the species. Distribution The California tiger salamander occurs in central California from the central Sacramento Valley to the central San Joaquin Valley and surrounding foothills of both the Coast Range and the Sierra Nevada (Stebbins 1985). The species has also been recorded from the San Francisco Bay region, the Monterey Bay region, and valleys and foothills in San Luis Obispo and Santa Barbara Counties. The actual occurrence of the species within this range is restricted to locations where breeding ponds are surrounded by suitable upland habitat. These locations, particularly outside of the San Joaquin Valley, are generally isolated from each other by urban development, cultivated agriculture, and other areas of unsuitable habitat. The species appears to be most abundant along the east side of the San 1 Joaquin Valley and lower Sierra foothills from northern Tulare County north to southern Sacramento County where large amounts of suitable habitat are still present. California tiger salamanders have been observed in the southern portion of the town of Brentwood city limits, approximately five miles west of the project ' site. ' Habitat Requiretnents Adult California tiger salamanders inhabit grassland,savanna,or deciduous oak woodland habitats that include natural pontis, vernal pools, intermittent streams or stockponcis. They are not usually found in an area unless there is this combination of poncied water for breeding and surrounding upland, with a predominant groundcover of grazed or ungrazed grassland. They spend the majority of their time below ground, so rodent burrows or other natural crevices must be present. Salamander larvae may be found in natural pontis, vernal pools, intermittent streams or stockponcis during the winter, spring and early summer before these waterbodies city up. Suitable habitat for larvae should have little to no current and lack fish species. Current will wash away and fish will prey upon the eggs and larvae of the California tiger salamander. Larvae may occur in ' clear or turbid water and in pools that are devoid of vegetation or containing dense aquatic growth. i 08/11/93(p:\M0F20I\IBIOASS,MTT.R19) 10 i LSA Associates, Inc. ' Life History ' Adult California tiger salamander are only active during the rainy season and spend the majority of their time below ground in the burrows of California ground squirrels or other rodents. They may remain dormant in a state of ' aestivation while in the rodent burrows. The adults emerge from this dormancy period after the first fall rains, to mate and lay their eggs in vernal pools, stock ponds, pools in drainages, and other ephemeral water bodies. They are known to travel considerable distances (of at least a half mile) from the burrows to the breeding site. This migration occurs at night during periods of heavy rain. After breeding (any time between November and March), the adult salamanders travel back to their burrows and remain there until the next rainy season. During their migration to and from the breeding site, they can be found beneath fallen logs, boards, and other objects which ' provide cover. The prey of adult tiger salamanders is likely to include insects, worms, and small frogs, toads, and salamanders. After hatching, California tiger salamander larvae can become one of the dominant aquatic organisms in a pool or pond. 1-arvae of the California tiger salamander spend two to four months in the water, transforming to the adult form at a size of about three to six inches. larval salamanders prey on aquatic invertebrates, and tadpoles. 'Their invertebrate prey includes copepods, fairy shrimp, seed shrimp, annelid worms, and flat worms. Depending on when the eggs are laid and when pools and ponds dry up, larvae usually transform between May and July. After transformation, juvenile salamanders disperse to rodent burrows and other underground retreats to ' survive the summer heat. The major threat to California tiger salamander is the loss of breeding pools and ponds and the conversion of suitable upland habitat to agriculture and development. iFindings Marginal breeding habitat for this species exists in the seasonal pools on the project site. The site is considered to be marginal breeding habitat due to the short period of time water is present in the seasonal pools. The majority of ' the site pools were dry by the April 19 survey. Surveys were conducted during the time larval salalnanciers were collected at other sites in the east County area. California tiger salamander larvae were observed and collected at several off-site localities including near Brentwood during the time period project surveys were conducted. No California tiger salamanders were collected or observed during these surveys. The lack of observations of this species on the Byron 78 property indicate that the California tiger salamander does not occur ' on the site. 1 08/11/93(PAMOF201\1310 SSNIT.ItPT) 11 ISA Associates,Inc. ' Western Spadefoot Toad ' Status The western spadefoot toad (Spea bammondii) is a federal category 2 ' candidate species and a California species of special concern. ' Distribution The western spadefoot toad breeds in ephemeral pools, stockponds and ' drainages in grasslands and alkali plains habitats. The species has been found from the central Sacramento Valley through the San Joaquin Valley and west to Santa Barbara County. The closest known occurrence of this species is in the Corral hollow drainage in western Stanislaus County. Life Histot}l ' Adult western spadefoot toads are terrestrial and presumably spend the majority of their life below ground in rodent burrows, natural crevices or buried in dried mud. I)uring the rainy season (any time between November and March), western spadefoot toads emerge from their burrows in response to rainfall and migrate to an ephemeral pond to breed. After breeding, the ' adult return to their bur-r(-),.%,s in response to rainfall or bury themselves in the soft damp mud and remain there until the next rainy season. ' Western spadefoot toad larvae grow rapidly in order to metamorphose before the breeding pool dries out. The larvae are opportunistic feeder and have been known to become cannibalistic when food supplies run short. The larvae ' frequently metamorphose just as the water in the breeding pool dries out. ' Findings While suitable habitat for this species exists in the seasonal pools on the ' project site, spadefoot toads have not been reported from the surrounding area. Surveys were conducted during the time larval amphibians would be present and western spadefoot toad larvae were observed and collected by LSA staff at several off-site localities during this tirne period. No western spadefoot toad were collected or observed during these surveys. The lack of observations of this species on the property indicate that the western spadefoot toad does not occur on the site. ' 08/11/93(p:\.MOF201\.BIOASSMT.ItP'I') 12 tLSA Associates,Inc. CONCLUSIONS ' The vernal pool fairy shrimp was the only special status species found on the project site. It was found in 14 seasonal pools. Several of these were created by past land clearing and grading activity on the property. This includes the ' diagonal swath that was graded through the iodine bush prior to 1968 in the southern portion of the site, creating a series of parallel pools along the site's eastern boundary. It also includes the pools created by the installation of the PG&E, PGT pipeline in 1992. The presence of this species in artificially ' created pools indicates that mitigation for lost habitat by creating new areas of seasonal pools on site will be successful. ' No other species of special status species was observed or collected form the Byron 78 project site and no additional mitigation measures are necessary. 1 1 1 1 1 1 ' 08/11/93(P:\MOF201\BIOASSNIT.itr"il 13 t 14- , q (-_90 7 LSA Aomian,Inc. Environmental Andysis Tramporardo"L*Werig LSACommunity Planning Aftoum Eco"Mict P r i n c i p A-11 June 11, 1993 Rob Ba" Lyn C"Idwe Mr. IL Clark Morrison Lei GdRECEIVE D Ibff C.Ivv Morrison &Poerster Aobm lfvxbff P. 0. B=a UP 0 George xvrAku Walnut Creek, CA 94596-3570 AUG — 6 1993 C;Wllyx Lakell, Bid Mayer Subject: Results of Biological Surveys Ray Mev CLERK BOARD OF SUPERVISORS Beth 111don Byron 78 CONTRA-COSTA CO Hampoc A"y Rob Sc6onboliz Dear Clark: Associates LSA has completed its surveys of the Byron 78 property. Specifically, WC Deborah Baer survcyrd for several sensitive species identified in the EIR as possibly being Connie CO&Cd present,on the project site. The MR included mitigation measures requiring Gay Dow swvcys to detect their presence. or absence. This Stoup,of species included: Kevin rincbtr Amy Hoon Fairy shrimp Seem Grankolm Curve-footed hypotis diving beetle Ridiard harldcker California UW salamander Romer Hwrir Contra Coss goldfields Art.Howntkamwi GinaJwicA Larry Kennings Kamm Kirtland $JUWW anion Lag 'Msba Land We found two species of fairy shrimp inhabiting the seasonal pools on the A4 McCann peny, 5nusmimcu lynwi mid Brwt=hwcta lindabit. At lymbi has Ih " SabnNichoLle PW An6ony Now proposed for endangered suns by the U.S. Fish and WIWI& Service: This Doan WilhAms species was found in several of the pools on the property. JL findabli Is a Jiv Wilson more common and Widespread species which has no state'or Weni status. We found two pools which comined this species. CVMMonM HWJt0Z7S DZ MG BFMW We found no individuals of this species on the project site. 157 Av*Place Te*ow$10 2J6-"10 Ci #i7-4 9MI tibb"Alt SIO 2363480 ' ISAArwiron�Ina CALMU MA TIGER SALAMANDER We did not find tiger salamanders during our surveys and we do not believe they are present. We collected larval tiger salamanders at several locations in Alameda and Contra Cosa counties this spring, and if present on the Byron 78 site, they would have been collected during our surveys. The earliest eggs at other locations were observed on January 14, 1993 and we collected larvae . as early as February and have continued to find them into early June.: The surveys for tiger salamander were also sufficient to determine if western spadefoot toad, a Candidate 2 species, were present. We did. not-end spadefoot toad on the property. CONTRA COSTA GOLDFMWS We found no individuals of this species on the protect site. Thr—widely distributed goldfields species,Iastbenia gfidwWa, is present on the:project SIM. Mltigation will be required for the loss of fairy shrimp habitat. The pools inhabited by Brancumcta&ncbi within the development area wem-created by past land management activitles. The primary area in which they are Bund are two parallel pools which appear to have been cheated when clearing a road or trail through the iodine bush. The second area of pools was created.by the installation of the PG&$/PGT gas pipeline through the property. The fact-that 8.6"cbi has occupied pools created by human activities indicates thatwea►ill be able to successfully create new pools for this species as mitigation for thaw areas filled. No mitigation will be required for the diving beetle, tiger salamander, or goldfields, as they are not present on the project site. Please let me knaw if you need further information about the results-.of our surveys. Sincerely, LSA ASSOCIATES, INC. Malcolm J. Sproul Principal otnv93R-�co�oivaosaaso�zriq 2 MORRISON & FOERSTER SAN FRANCISCO ATTORNEYS AT LAW NEW YORK LOS ANGELES WASHINGTON,D.C. SACRAMENTO PLEASE RESPOND TO: DENVER ORANGE COUNTY P. O. BOX 8130 LONDON PALO ALTO WALNUT CREEK, CA 94596-8130 BRUSSELS SEATTME HONG KONG 101 YGNACIO VALLEY ROAD, SUITE 450 TOKYO WALNUT CREEK, CA 94596-4095 TELEPHONE (510)295-3300 DIRECT DIAL NUMBER TELEFACSIMR-E (510)946-9912 August 5, 1993 (510) 295-3317 Ms . Debbie Aime Contra Costa County Community Development Department Current Planning 651 Pine Street, 2nd Floor North Wing Martinez, CA 94531 Dear Debbie : Enclosed please find a letter from LSA Associates, Inc. ("LSA") outlining its conclusions with respect to the presence of sensitive species on the Byron 78 project site. LSA concludes that the site does not provide habitat for the diving beetle, tiger salamander or Contra Costa Goldfields. As we have discussed, two species of fairy shrimp appear to inhabit some of the seasonal pools on the property. Alternative habitat for these species will be provided in connection with Byron 78 's wetlands mitigation program. If you have any questions, feel free to contact me. Very truly yours, rZ . Gam_ om. R. Clark Morri on RCM:abm Enclosure CC : Clerk of the Board of Supervisors Dennis Barry 112304 [15363/11 • _ l�,�3 1 CONFIRMATIONCOPY MORRISON &. FOERSTER SAN FRANCISCO ATTORNEYS AT LAW NEW YORK LOS ANGELES WASHINGTON, D.C. SACRAMENTO PLEASE RESPOND TO: DENVER ORANGE COUNTY P.O.BOX 8130 LONDON PALO ALTO WALNUT CREEK,CA 94596-8]30 BRUSSELS SEATTLE HONG KONG 101 YGNACIO VALLEY ROAD, SUITE 450 TOKYO WALNUT CREEK,CA 945%-4095 ` TELEPHONE (510)295-3300 DIRECT DIAL NUMBER TELEFACSMULE (510)946-9912 August 12, 1993 (510) 295-3319 VIA FACSIMILE RECEIVED The Honorable Tom Torlakson, Chair and Members of the Contra Costa County AUG 13 100 Board of Supervisors 651 Pine Street - Martinez, CA 94553 CLERK BOARDCONTRA Cr. C� : Re : Decision on Byron 78 General Plan Amendment (#5-90-EC) and Hearing on Rezoning Application (#2968-RZ) , Minor Subdivision (39-91) and Final Development Plan (3031-91) - AuQust 17, 1993 Dear Tom: On behalf of our client, the Byron 78 partnership ("Byron 78") , we are writing to request the Board's approval of Byron 78 ' s request for a general plan amendment covering its 78-acre site near Discovery Bay (the "GPA") . The GPA would change the site 's Agricultural designation to Commercial (21 acres) and Office/Professional (13 acres) . The remaining 45 acres of the site would retain an Agricultural designation. We also request your approval of (i) a rezoning of approximately 16 .7 acres of the site from heavy agriculture (A-3) to planned unit development (P-1) , (ii) preliminary and final development plans covering the. P- 1 area and (iii) a minor subdivision/vesting tentative map. The East County Planning Commission (the "Commission") has recommended unanimously that the Board of Supervisors issue these approvals. As you know, the Board held a public hearing on the GPA on May 4, 1993 and deferred its decision until after the Commission's recommendation on the other project approvals. On June 15, 1993 the Board discussed the project and made recommendations to the Commission regarding several policy MORRISON &FOERSTER The Honorable Tom Torlakson, Chair August 12, 1993 Page Two On June 15, 1993 the Board discussed the project and made recommendations to the Commission regarding several policy issues, including child care, trail access and a proposed extension of Marsh Creek Road to Discovery Bay. On that date the Board received a staff report on the status of issues related to the development of the Byron 78 site and certain other property owned or controlled by Lucia Albers ("Albers") and Centex Real Estate Corp. ("Centex") . We are pleased to report that all of these issues have been addressed, as follows : (i) Albers/Centex Issues. We informed the Board on June 21, 1993 that Byron 78, Albers and Centex had reached agreement on matters related to the development of their respective properties. As a result of that agreement, Byron 78 's proposed shopping center will, with the Board's approval, serve both the Discovery Bay community and the residential community being planned by Albers and Centex. (ii) Other Policy Issues. Regarding the Board►s interest in the other policy matters described above, County staff and the Commission have addressed these issues in their recommended conditions of approval for the Project (the "Project Conditions") . The Project Conditions have been incorporated into the Mitigation Monitoring Program before the Board, together with various mitigation measures from the EIR. The Commission has made the following recommendations, among others: The Project should provide pedestrian access to the Discovery Bay community, including a pedestrian bridge over Kellogg Creek; • Byron 78 should dedicate a right of way (along the northerly boundary of the property) for the extension of Marsh Creek Road to the Discovery Bay community; • Byron 78 should satisfy the County's requirements regarding childcare facilities; and • To address community concerns regarding water and sewer service to the Project Site, a "will-serve" letter from Sanitation District 19 must be provided prior to • MORRISON & FOERSTER The Honorable Tom Torlakson, Chair August 12, 1993 Page Three issuance of a building permit for the Project. To this end, Byron 78 has begun to work with Albers and Centex to fund a study for expansion of Sanitation District 19 facilities. (iii) Vegetation and Wildlife. Byron 78 has completed its many studies of potential impacts on vegetation and wildlife. As indicated in the biological analysis prepared by LSA Associates, Inc. , only one sensitive species (Vernal Pool Fairy Shrimp) now uses the project site as habitat . Although this species is not protected by state or federal law, Byron 78 will mitigate impacts on this species in connection with its wetlands mitigation plan. According to LSA, fairy shrimp habitat is not difficult to replace. In fact, fairy shrimp now occupy depressions on the project site inadvertently made by recent human activity (e.g. , PG&E placement of a natural gas line) . i As you know, to avoid and minimize wetlands-related impacts on the project site, the Project has been scaled down dramatically (from 78 acres to 33 acres) . In fact, Byron 78 will be seeking the Army Corps ' approval of a Nationwide 26 permit for the shopping center, which may be issued for projects resulting in less than ten acres of fill . To compensate for the small amount of fill required for the project, Byron 78 has agreed to set aside approximately 45 acres of the project site as a wetlands mitigation area. Existing wetlands in this area will be j preserved, and Byron 78 will undertake to enhance the biological value of this area by creating newwetlands and wildlife habitat . Byron 78 has held several meetings with the Corps, EPA and the Fish and Wildlife Service to develop plans for this area, and we understand that County staff has been in- contact with these agencies to communicate the . County's planning goals. No building permit will be issued for the project until all regulatory approvals have been received. We hope that you will approve the Project knowing that it will provide good benefits to the Discovery Bay community. Byron 78 's investment in the process and in this Project has been considerable over the last six to seven years, including two EIRs and numerous public hearings and additional studies. The community has indicated its desire MORRISON &FOERSTER The Honorable Tom Torlakson, Chair August 12, 1993 Page Four for this Project . We would appreciate your approval . Thank you. Sincerely, --KaAmyl Karen Bowers Policy Analyst KB:abm Enclosure CC: Clerk of the Board R. Clark Morrison, Esq. David A. Gold, Esq. 113846115363/11 f • FINDINGS OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RELATING TO THE BYRON 78 PROJECT AND ADOPTION OF A MITIGATION MONITORING PROGRAM August 17, 1993 I. INTRODUCTION A. The Proiect 1. Introduction The Byron 78 partnership ("Byron 7811) owns a 78-acre site located at the northeast corner of Bixler Road and State Route 4 ("SR 411) in the Discovery Bay area of eastern Contra Costa County (the "Project Site") . Byron 78 has requested the Board of Supervisors of Contra Costa County (the "Board") to approve (i) a general plan amendment to change the designation of a portion of the Project Site from Agricultural Lands to "Commercial" (21 acres) and "Office/Professional" (13 acres) , (ii) a rezoning of a portion of the Project Site from Heavy Agricultural District (A-3) to Planned Unit Development (P-1) ; (iii) a preliminary and final development plan to allow the development of a shopping center and a full service station on approximately 11 . 24 acres of the proposed "Commercial" portion of the Project Site and (iv) a vesting tentative parcel map to subdivide the Project Site into four legal parcels (collectively, the "Project" ) . In accordance with the California Environmental Quality Act ("CEQA") , an environmental impact report (the "FEIR") has been prepared by the County and considered by the Board. The FEIR evaluates the potential environmental impacts of developing the Project, together with certain additional or expanded land uses, on the Project Site. Those additional or expanded uses addressed by the EIR include (i) a three-anchor shopping center covering approximately 21 acres and (ii) light industrial land uses for the northerly 45 acres of the Project Site, including a 25-acre boat/RV storage facility. To lessen or avoid certain potentially significant environmental impacts identified in the FEIR, those light industrial land uses have been eliminated entirely from the Project and the shopping center has been scaled down to include only two anchors and cover only approximately 11 .24 acres of land. 1 Y 2 . Project Approvals Byron 78 has requested three sets of approvals from Contra Costa County to accommodate the development of the Project . a. General Plan Amendment As described above, Byron 78 has applied for an amendment to the County' s general plan (the "GPA") . The GPA was considered by the East County Regional Planning Commission (the "Planning Commission") on March 1, 1993 , at which time the Planning Commission recommended that the Board approve the GPA. On May 4, 1993 , the Board of Supervisors conducted a public hearing on the GPA. After taking testimony, the Board closed the public hearing and, on June 15, 1993 , the Board offered certain policy-level directions to the Planning Commission. The Board deferred its decision on the GPA until such time as the Planning Commission had made its recommendations on the other project approvals . b. Rezoning and Development Plans Byron 78 has requested the County to rezone the Project Site to the County' s P-1 district and approve a preliminary development plan (the "PDP") , pursuant to Contra Costa County Code Chapter 84-66 Article 84-66 . 10, and a final development plan (the "FDP") , pursuant to Contra Costa County Code Chapter 84-66 Article 84-66 . 12, covering that portion of the Project Site to be redesignated to "Commercial" under the GPA. Byron 78 is not requesting a rezoning of, or development plans for, the "Office" portion of the Project Site at this time. The PDP and FDP show a retail shopping center consisting of two anchors (31, 470 square feet and 51, 000 square feet, respectively) , two minor stores (9, 100 square feet and 10, 000 square feet, respectively) a 6, 000 square foot pad, a full service gas station (0 . 87 acres) and approximately 10 . 76 acres of open space. The urban uses shown on the PDP and FDP cover approximately 11 . 24 acres . The rezoning, PDP and FPD were considered by the Planning Commission on July 12, 1993 , at which time the Planning Commission recommended that the Board approve the rezoning, PDP and FDP. c. Vesting Tentative Map Byron 78 has requested approval of a vesting tentative parcel map (the "VTM") , prepared pursuant to Section 92-2 . 006 of the County Ordinance Code, to subdivide 2 t � the site into four parcels, including (i) a 0 . 87 acre service station parcel, (ii) a 16 . 7 acre parcel for the shopping center, (iii) a 12 . 0 acre office parcel and (iv) a 44 . 9 acre agricultural parcel . The VTM was considered by the Planning Commission on July 12 , 1993 , at which time the Planning Commission recommended that the Board approve the VTM. B. The Environmental Impact Report 1. Preparation of the EIR The County prepared an initial study (the "Initial Study" ) to determine whether an environmental impact report should be prepared for the Project . The Initial Study indicated that the Project could have significant adverse environmental impacts, and the County accordingly determined that an environmental impact report was necessary. A notice of preparation (the "NOP") of a draft environmental impact report was prepared and circulated to various state agencies, interested organizations and to any person who had filed a written request for notices with the County. A draft environmental impact report (the "DEIR") was prepared by the County pursuant to the Initial Study and the NOP. The DEIR was published for public review and comment on October 1, 1991 and was filed with the State Office of Planning & Research under State Clearinghouse No. 90030515 . The DEIR was available for review and comment by concerned citizens and public agencies for a period of 45 days . The review and comment period expired on February 8, 1993 . On November 4, 1991, the Planning Commission held a public hearing to receive oral testimony regarding the DEIR. After closing the public hearing, the Planning Commission recommended that all comments be received and responded to. The County prepared written responses to comments received during the comment period and at the Planning Commission hearing. The FEIR (which includes the DEIR and comments and responses) was published and made available to responding agencies in September, 1992 . The FEIR was submitted to the Planning Commission with a recommendation by staff that it be recommended for certification. At a duly noticed public hearing on October 26, 1992, the Planning Commission considered the adequacy of the FEIR. After considering the evidence in the record, the Planning Commission voted unanimously to recommend certification of the FEIR. 3 2 . Certification of the FEIR In adopting these findings, the Board certifies that the FEIR has been completed in compliance with CEQA and that it was presented to the Board, which reviewed and considered the information in the EIR prior to approving the Project . By these findings, the Board ratifies and adopts the findings and conclusions of the FEIR except as otherwise set forth herein. The certification of the FEIR and these findings represent the independent judgment of the Board. The FEIR concludes that many environmental impacts of the Project are significant but can be mitigated to a less-than-significant level, while a number of impacts will remain significant even after being substantially lessened or avoided by the imposition of appropriate mitigation measures . The Board' s findings regarding these impacts are set forth in Section III . Further findings regarding impacts that will remain significant after mitigation are set forth in Section VII (Statement of Overriding Considerations) . 3 . Evidentiary Basis for Findings These findings are based on substantial evidence contained in the record before the Board, as more particularly described below. For ease and clarity of reading, specific citations to information in the record upon which each finding is based may have been omitted. In most instances, however, these findings are based on the information contained in the FEIR, as supplemented with information provided by staff reports, and reasonable inferences drawn from such information. 4. Findings Regarding Mitigation Measures The Board hereby makes the following general findings regarding mitigation measures : a. Mitigation Measures Adopted The Board adopts the mitigation measures set forth below, which mitigation measures are based on those recommended in the FEIR. These mitigations measures will be implemented as set forth in the Mitigation Monitoring Program and the Conditions of Approval adopted by this Board. 4 b. Effect of Mitigation Measures Except as otherwise stated in these findings, this Board finds that the significant environmental impacts of the Project will be mitigated to a less-than-significant level by the adopted mitigation measures . II. DESCRIPTION OF THE RECORD For purposes of CEQA and these findings, the record before this Board includes, without limitation, the following: A. All applications for approvals and development entitlements related to the Project, including without limitation, applications for the GPA, PDP, FDP, Rezoning and VTM submitted by Byron 78 to the County; B. The FEIR, including appendices; C. All County staff reports on the Project and the FEIR; D. All studies conducted for the Project and FEIR contained or referenced in the staff reports or FEIR, including appendices and any and all biological studies (including, without limitation, the biological study prepared by LSA Associates, Inc. , dated August 12, 1993) ; E. All public reports and documents related to the Project prepared for the Board and the Planning Commission; F. All documentary and oral evidence received and reviewed at public hearings related to the Project and the FEIR before the Planning Commission and the Board; G. The Mitigation Monitoring Program for the FEIR; H. All matters of common knowledge to the Board, including but not limited to: 1 . the County's general plan and zoning and other ordinances; 2 . the County's fiscal status; 3 . County policies and regulations; 5 , s 4 . reports, projections and correspondence related to development within and surrounding the County; and 5 . State laws and regulations and publications, including all reports and guidelines published by the California Office of Planning and Research. III. CEOA FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS A. Land Use 1. Impact: Changing the General Plan land use designation would allow development of retail, office and industrial uses not permitted in the Agricultural Lands area WEIR, page 27) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: The site is within the Urban Limit Line ("ULL") , meaning that urban development may be considered. However, the County General Plan' s 65/35 policy means that there is no presumption of suitability of urban use. Therefore, proposed development must be found in compliance with the 65/35 policy in terms of use compatibility in its setting, and mitigation of any adverse impacts on off-site lands outside the ULL. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be substantially lessened as follows : The Project is located within the County' s Urban Limit Line (the "ULL") , and (through the elimination of light industrial uses and the incorporation of an open space area into the PDP and FDP) includes substantial amounts of open space in furtherance of the County's 65/35 land preservation standard. Moreover, other mitigation measures incorporated into the Project as described below -- or otherwise to be imposed through conditions of approval will substantially lessen any adverse impacts on off-site lands outside the ULL. 6 c , t ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project may remain significant . Although such impacts may be partially reduced under one or more of the alternatives discussed in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other , benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 2 . Impact: Development of the site into urban uses may have an adverse impact on the continued suitability for agricultural use of nearby lands outside the Urban Limit Line (DEIR, page 27 . ) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Require appropriate road improvements to minimize conflict between Project-related traffic and agriculture- related traffic. These road improvements are described in Section III . B. "Traffic and Circulation" below. b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts on the continued suitability for agricultural use of nearby lands outside the Urban Limit Line will be substantially lessened by the implementation of appropriate road improvements described below. ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project may remain significant . Although 7 B. Traffic Generation and Circulation 1. Impact: Future traffic levels are expected to increase substantially in the project vicinity, particularly along SR 4 and Byron Highway (South) , creating unsatisfactory operating conditions. (DEIR, page 48) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Construct road improvements along the frontage of Highway 4, as follows : (i) Construct curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the access points along the frontage and a right turn lane onto Bixler Road will satisfy this requirement . The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage . The applicant shall construct a pedestrian trail to the property to the east, to Newport Drive, including a pedestrian bridge across Kellogg Creek. The design and location of the pedestrian trail shall be subject to the review of the Public works department, and the review and approval of the Zoning Administrator. The project design shall also accommodate convenient pedestrian movement for the public through the project from Bixler Road to the pedestrian trail to the Discovery Bay community. The bridge railings shall be constructed of a non-conducting material, or be properly grounded to prevent the railings from conducting electricity. Maintenance of the bridge and trail west of the bridge shall be performed by the developer. Maintenance of the trail east of the bridge shall be by the Discovery Bay community (M-8) . The applicant shall work with the Discovery Bay community, such as the Discovery Bay Municipal Advisory Council, and the property owner to the east, on the location of the pedestrian connection to the Discovery Bay community east of Kellogg Creek, and .coordinate with the State and Federal regulatory agencies on routing the pedestrian trail between Parcel B and Kellogg Creek. If at 9 the signalization of the Highway 4/Marsh Creek Road intersection shall be required. The fair share amount shall be determined by a traffic study reflecting the project ' s increase in peak hour traffic versus the cumulative increase in peak hour traffic generated through the intersection. b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation By implementing the above mitigation measures to improve SR 4, including contributions to the signalization of intersections at SR 4/Bixler Road and SR 4 and Marsh Creek road, providing street lights and traffic signal interconnections, described above, and by eliminating light industrial land uses (including the proposed RV/boat storage facility) from the Project, the above-described impacts will be substantially lessened. ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project may remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 2 . Impact: Future traffic levels are expected to increase on Bixler Road in the vicinity of the site and produce unsatisfactory operating conditions. (DEIR, page 49) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: 11 U) Along the Frontages of Parcel A & B: constructing curb, six-foot sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, pavement widening, left-turn lanes for each project access and a half-width median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement . In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of all or part of the half-width median island, subject to the approval of the Public Works Department . Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. (ii) Along the Frontage of Parcel C: An exception to this requirement is granted provided a deferred improvement agreement is executed requiring the owner (s) of the property involved in Subdivision MS 39-91 and Permit 3031-91 to construct the improvements as outlined above for Parcels A & B. (iii) Along the Frontage of Parcel D: Constructing pavement widening, a four-foot rock shoulder, and adequate transitions along the frontage will satisfy this requirement . The minimum total width of pavement on Bixler Road along the Parcel D frontage shall be 32 feet . b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts on Bixler Road will be substantially lessened through the implementation of the mitigation measures described above, including pavement widening, left-turn lanes for each project access, median widening and the elimination of light industrial land uses (which would have generated traffic onto Bixler Road) from the Project . ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project may remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. 12 y iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 3 . Impact: The driveway nearest the Bixler Road/Marsh Creek Road intersection would be located approximately 100 feet away from the intersection and thus could have an adverse impact on intersection operations. (DEIR, nage 49) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Eliminate the driveway nearest the Bixler Road/Marsh Creek Road intersection. b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation Project impacts on the Bixler Road/Marsh Creek Road intersection operations will be mitigated to a less than significant level by the elimination of the proposed _ driveway. That driveway has been eliminated in connection with the elimination of light industrial uses from the Project . ii. Remaining Impacts Any remaining impacts of the Project at the intersection of Bixler Road and Marsh Creek Road will not be significant . 13 4 . Impact: The driveway on Bixler Road nearest the Bixler Road/SR 4 intersection would be located approximately 300 feet away from the intersection and thus could have an adverse impact on intersection operations. (DEIR, page 50) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impact on Bixler Road/SR 4 intersections would be substantially lessened by the implementation of the mitigation measure providing a right- turn deceleration on Bixler Road at the commercial site accesses described above . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project may remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 14 5. Impact: The driveways on SR 4 would operate at LOS F and increase the potential for accidents on SR 4 . The driveway located nearest the Bixler Road intersection on SR 4 also may affect the intersection operations, as it is located only 200 feet from the intersection. (DEIR, page 50) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Restrict accesses on SR 4 and Bixler Road frontage of Parcels A & B to right-turnlingress and egress only. Only two accesses to SR 4 shall be allowed, excluding the maintenance access to Kellogg Creek. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts on SR 4 and Bixler Road intersection will be substantially lessened through the implementation of the restricted accesses on SR 4 described above . ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project may remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 15 6 . Impact: The proposed project site plan does not provide for adequate internal circulation. (FEIR, page 66) a. Mitigation Measures The Project site plan should be redesigned to provide better internal circulation. Providing circulation between the commercial and office components of the Project would require placing the Byron-Bethany Irrigation District ' s drainage ditch, which currently crosses the site on the surface, underground as requested by the district (See letter from Byron-Bethany Irrigation District, p. 30) . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be mitigated to a less- than-significant level through the implementation of an internal circulation system based on any preliminary development plan ("PDP") developed in the future for the office component of the Project . The office component of the Project does not include a rezoning or PDP. Until such plans are submitted, the Commercial portion of the Project can be treated as a single and independent project . ii. Remaining Impacts Any remaining impacts of the proposed Project site plan on internal circulation will not be significant . C. Geology and Seismicity 1. Impact: Potential for onsite soils conditions to damage roadways, utilities and foundations as a result of liquefaction or groundshaking. (DEIR, page 52) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: 16 A detailed geotechnical exploration and testing of the site soils, including liquefaction analysis, should be required prior to site development . Laboratory testing should include : (1) strength tests for foundation bearing capacity; (2) sieve and hydrometer analysis for potentially liquefiable soils; (3) Atterberg limits testing to evaluate the expansive potential of the surface soils; and (4) consolidation testing to determine the possible settlement potential of the soils, if indicated. b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be substantially lessened through the implementation of the mitigation measures described above, and, in addition, through the elimination of the proposed light industrial land use designation and related uses which would would have permitted the potential use of hazardous materials in that area of the site, unless otherwise restricted. ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 17 2 . Impact: Potential for onsite soils to corrode concrete and uncoated steel. a. Mitigation Measures Building foundations and other subsurface elements (including, especially, any underground storage tanks for the gas station or other uses) should be designed and built with protection from soils . The design of and materials to be used in these elements should be approved by the County before development begins . b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be mitigated to a less- than-significant level by the design of the building foundations and other subsurface elements as described above. ii. Remaining Impacts Any remaining impacts associated with onsite soils will not be significant . D. Drainage and Run off 1. Impact: Changing the land use designation for this site would allow more intensive development in a flood-prone area. WEIR, page 61) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: 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. 18 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 design standards of the Public Works Department . The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch along the boundary between Parcels C & D. Because this ditch is a man-made facility and not a natural watercourse, the applicant will be required to verify its adequacy under the requirements of Title 9 . If the ditch conveying storm drainage from this property also conveys irrigation district water, then the hydraulic analysis for the ditch must consider the joint use during the wet winter months from October 15 to April 15 . The applicant shall dedicate the corresponding right of way over the entire length of the ditch to a public entity which would assume the maintenance responsibility over the ditch. The County will not take over the maintenance of this facility unless the existing ditch is replaced with an underground culvert from Bixler Road to Kellogg Creek. If prior to filing the parcel map the maintenance entity has not been determined, then the design and maintenance of the ditch shall be determined prior to the issuance of building permits for Parcel C. In the interim, the applicant may privately maintain the ditch, providing the applicant execute a maintenance agreement and post appropriate . security to assure maintenance of the ditch. verify that all finished floor elevations are above the 100-year flood elevation. Construct improvements to Kellogg Creek equivalent in value to $ . 17 per square foot of impervious surface area created by this project . If the level of development in the project does not represent sufficient "equivalent value" of $ . 17 per square foot to perform a significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $ . 17 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 19 i. Effect of Mitigation The Project impacts on Kellogg Creek will be substantially lessened through the implementation of the mitigation measures described above and the retention of 45 acres on the site in the agricultural land use designation rather than a proposed light industrial land use designation. ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 2 . Impact: Construction on the project site will inhibit access to Kellogg Creek for maintenance of the creek. WEIR, page 62) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: The Project will be required to provide maintenance access for Kellogg Creek along the easterly boundary of the property, subject to the review and approval of the Public Works Department . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impact will be mitigated to a less than significant level by the implementation of the mitigation measure described above. 20 ii. Remaining Impacts Any remaining impacts will be less than significant . 3 . Impact: Any development constructed on the site would be exposed to flooding. (DEIR, page 62) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: (i) Raise the elevation of building pads sufficiently to comply with requirements of the Federal Emergency Management Agency (FEMA) for commercial, office and light industrial buildings. (ii) Consistent with FEMA requirements (1980) for floodplain management for Zone A as well as with Contra Costa County Floodplain Management Ordinance (87-65) , conform all Project structures to the following specifications : (iii) Development shall be designed in a manner consistent with the need to minimize flood damage within the flood-prone area. (iv) Drainage shall be adequate to minimize exposure to flood hazards. (v) Structures shall be designed so that the lowest habitable floor (including basement) is elevated or flood-proofed to or above the base flood level . (vi) Structures shall be designed to prevent flotation, collapse, or lateral movement and to assure adequate anchoring. (vii) Structures shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices identified by FEMA to minimize flood damage. Non-residential construction shall either be elevated or floodproofed as outlined in County Floodplain Management Ordinance . 21 Y (viii) All public utilities and facilities (sewer, gas, electrical, hearing, ventilation and water systems) shall be located and constructed so as to prevent water from entering or accumulating within the components during conditions of flooding. (ix) To assure that flood waters not contaminate domestic water systems, any new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters . (x) Any new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts related to potential flooding and flood related hazards will be substantially lessened through the implementation of the mitigation measures described above. ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations. 22 4 4 . Impact: Development of the site may contribute to downstream flooding and flood-related hazards. (DEIR, page 63) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: (i) Consistent with FEMA and Contra Costa County requirements, any Project on the site shall conform to the following: • Locate, design and construct onsite waste disposal systems (if any) in a manner that will avoid impairment to them or contamination of flood waters by them during flooding. • Obtain, review and reasonably utilize any base flood elevation data available from a Federal/State agency or other source. (A fill permit would be required when specific development plans are prepared for the Project . As part of this permit, the precise base elevation for flooding in Zone A would need to be determined, either by the County Flood Control District or Project engineers) . • Require that new development applications include base flood elevation data. • Maintain a record with permitting agencies of the elevation of the lowest floor to be floodproofed. b. Findings i. Effect of Mitigation The Project impacts related to the potential contribution toward downstream flooding will be substantially lessened through the implementation of the mitigation measures described above . ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. 23 iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . S . Impact: Potential for stirring up and release of pesticide and herbicide residues during removal of debris from Kellogg Creek, which could have harmful effects on the downstream wildlife population. a. Mitigation Measures Analyze sediments in Kellogg Creek to evaluate their pesticide and herbicide content and the potential effects of that content on downstream wildlife. If the sediment analysis indicates potential harmful effects, design a mitigation plan that is acceptable to the California Department of Fish and Game, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the Contra Costa County Flood Control District . b. Findings Based upon the EIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The potential Project impact concerning Kellogg Creek residues on downstream wildlife will be mitigated to a less-than-significant level through the implementation of the mitigation measure described above. ii. Remaining Impacts Any remaining potential Project impacts associated with downstream wildlife will not be significant . 24 r E. Hazardous Materials 1. Impact: Potential for introduction of . hazardous .materials onsite and associated health risks to nearby residential, recreational and agricultural land uses by light industrial uses allowed by the proposed General Plan Amendment. (DEIR, pace 68) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: (i) Developer shall delete light industrial uses and boat/RV storage in the northern 47 acres of the Project as originally proposed. (ii) Developer and/or the tenants shall demonstrate compliance with the following regulations with regard to hazardous materials at the service station, as applicable : • Current state and local building and fire codes regarding the storage of hazardous materials and the adequacy of building design; • California Administrative code, Title 23 , Subchapter 16, which includes regulations for underground storage tanks; and 0 Contra Costa County Ordinance 83-68, requiring permits for the installation and operations of underground tanks. (iii) Developer and/or the tenants shall obtain all necessary permits from the Department of Health Services and/or Contra Costa County regarding the storage, generation, transportation and handling of hazardous materials to ensure proper storage, handling of the materials and emergency response plans for accidents . (iv) No tenant or owner within the light industrial area will store onsite more than 5 , 000 gallons or 40, 000 pounds, whichever is greater, of hazardous wastes or flammable liquids or a lesser amount as determined by the county during consideration of the P-1 application. This restriction will be placed within all lease agreements and deeds that pertain to the light industrial area. All 25 storage of flammable/combustible liquids and solids shall comply with the current edition of the U. F. C. (v) Developer shall prepare an Emergency Response and Spill Prevention Plan at the Project approval stage, including provision for accidents during transport of hazardous materials, if use or storage of any hazardous materials is proposed as part of the Project . (vi) All development shall comply with all applicable provisions of the current edition of the U. F. C. b. Findinas Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be reduced by the mitigation measures imposed. The risk of hazardous materials will be partially reduced by eliminating the light industrial and boat/RV storage area. Other than minimal use of hazardous materials incidental to office and retail commercial uses, the use of hazardous materials will be confined to the station. The risk of hazardous materials contamination would be reduced by compliance with applicable regulations and an Emergency Response and Spill Prevention Plan. The mitigation measure in item (iv) above limiting onsite storage of hazardous wastes or flammable liquids to 5, 000 gallons or 40, 000 pounds in the light industrial area is not necessary because of the mitigation measures incorporated into the Project which eliminate the light industrial area. ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant as a result of the use of hazardous materials at the station. Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations. 26 1. Impact: Potential Health effects of electromagnetic fields (EMF) (DEIR, pace 70) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: (i) Prior to the issuance of a building permit, Developer shall obtain information from PG&E and WAPA on the calculated strengths of the electric and magnetic fields generated by onsite transmission lines . Field strengths should be identified at the edges of the existing rights-of-way and at 50, 100 and 200 feet from the edges of the rights-of-way. Field strengths should be calculated for a range of loading conditions including average load and maximum anticipated load, and shown on the site plan. (ii) Prior to the issuance of a building permit, Developer shall develop public informational material on the potential health problems caused by exposure to EMF from all sources, including overhead transmission lines . The public informational packet should include information about field strengths that could be experienced adjacent to the transmission line easements . The public informational packet should be provided to all future purchasers of the property, and to occupants of structures located adjacent to the existing or any proposed transmission line easements . (iii) Prior to final occupancy, signs shall be provided at the edge of the rights-of-way of the transmission lines informing the public of the presence of high-voltage transmission lines and the risks to persons with cardiac pacemakers . (iv) Any metal structures or objects located near transmission line easements shall be grounded to avoid nuisance induction effects such as shocks (experienced upon initial contact) . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 27 i. Effect of Mitigation The above-described impact of the Project will be reduced by the mitigation measures imposed. Although the risks of EMF are not fully known, implementation of these mitigation measures will reduce the risks by increased public awareness and planning assistance from PG&E and WAPA, experts in EMF study. ii. Remaining Imaacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant as a result of the use of hazardous materials at the station. Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . F. Electric and Gas Transmission Lines 1. Impact: The open storage area for boats and RVs is located within the easements for electric transmission lines held by PG&E and WAPA. Storage of boats and RVs in this area could interfere with operation and maintenance of the lines. WEIR, page 72) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: This impact will be avoided by the elimination of the boat/RV storage area from the Project as proposed. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 28 i. Effect of Mitigation The above-described impact of the Project will be mitigated to a less-than-significant level by eliminating the boat/RV storage area from the area of the transmission lines . ii. Remaining Impacts Any remaining impacts of the Project in this regard will not be significant . 1. Impact: Based on the site plan shown in Figure 5 (p. 15) , the route for the PG&E PGT Pipeline Expansion project would cross the site to be occupied by Pad B in the shopping center of the site. (DEIR, page 72) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: Modify the site plan so that Pad B is removed from the pipeline route. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The above-described impact of the Project will be mitigated to a less-than-significant level by the mitigation measures incorporated into the Project which eliminate commercial and office uses from the route for the PGT Pipeline Expansion. ii. Remaining Impacts Any remaining impacts of the Project in this regard will not be significant . 29 G. Public Facilities and Services 1. Impact: The project would require water service from an existing water district. Provision of water by County Sanitation District 19 would require expansion of the District' s sphere of influence to encompass the project site and annexation of the site to the District. These actions would require a major policy change for the County regarding the role of District 19, which was originally created to serve Discovery Bay exclusively. (DEIR, page 82) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Prior to issuance of a building permit or filing the final map, Developer shall provide proof that adequate water service is available to the Project Site . Developer has reported that other water providers have indicated a willingness to provide service to the Project Site. Documentation of contact with these providers is presented in Appendix C of the DEIR. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be mitigated to a less- than-significant level by the implementation of the mitigation measures described by ensuring that adequate water service is available to the Project Site. Expansion of District 19 would satisfy the performance standards of the Growth Management Element of the Contra Costa County General Plan. ii. Remaining Impacts Any remaining impacts will not be significant . 30 2 . Impact: The project would increase the demand for water supplied by Sanitation District 19 or an alternative service provider. (DEIR, page 82) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: If the site is to be annexed to District 19, the Project may be required to identify and develop additional water supplies . If water is provided by another entity, that entity may have sufficient water to serve the site, or additional supplies may have to be identified and developed. Prior to issuance of a building permit or filing the final map, Developer shall provide proof that adequate water service is available to the Project Site . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be mitigated to a less- than-significant level by the implementation of the mitigation measures described by ensuring that adequate water service is available to the Project Site and, if necessary, additional water supplies are developed. ii. Remaining Impacts Any remaining impacts will not be significant . 3 . Impact: The project would increase demand for wastewater collection and treatment provided by Contra Costa County Sanitation District 19 . (DEIR, page 82) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: The Project would be required to expand the District 19 sewage treatment plant to accommodate wastes generated by the Project, and to install connections from the Project to the plant . 31 b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be mitigated to a less- than-significant level by the implementation of the mitigation measures described by ensuring that the sewage treatment plant is sufficiently enlarged to serve the Project Site. Such expansion of District 19 would satisfy the performance standards of the Growth Management Element of the Contra Costa County General Plan. ii. Remaining Impacts Any remaining impacts will not be significant . 4 . Impact: Some wastes generated on the site could contain hazardous or toxic materials. WEIR, page 82) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: The Project would be required to meet the following requirements that are currently imposed by other agencies : • Sewage disposal would be subject to standards and regulations of the County Public Health Department . • Discharge to the river would require a permit from the Regional Water Quality Control Board. • Precautions relative to hazardous or toxic materials would be required to conform to U. S . Environmental Protection Agency (EPA) , State and County regulations on handling of wastes . Any underground storage tanks permitted on the site shall be subject to federal, state and local regulations, including (but not limited to) those identified in the drainage and hazardous materials sections of the DEIR (pp. 53-63 and 64-70, respectively) . 32 • A plan for treatment and/or disposal of industrial wastes shall be required before uses generating such wastes are permitted to occupy the site. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be reduced by the implementation of the mitigation measures described above . The risk that hazardous or toxic materials will be introduced into the sewage waste disposal system will be significantly reduced by eliminating the light industrial and boat/RV storage area. Compliance with applicable regulations and permit standards and implementation of a treatment or disposal plan will also lessen the impacts . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant as a result of the use of hazardous materials at the station. Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . 5. Impact: Development on the site will place demands for service on the Byron Fire Protection District. (DEIR, pace 83) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: (i) Developer shall be required to provide an adequate and reliable water supply for fire protection. The flow required for commercial and industrial 33 buildings depends on the type of construction and the size of the building: typically, shopping centers require flows of 4 , 000 gpm, assuming they are sprinkled throughout; office buildings require flows of 1, 500 gpm, assuming sprinkled throughout; light industrial buildings smaller than 50, 000 square feet in area require flows of 3 , 000 gpm, assuming sprinklers throughout; and boat storage facilities require flows of 3 , 400 gpm. Required fire flow must be delivered from not more than three hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main. (ii) Structures developed on the property must have built-in fire protection to deliver an acceptable level of protection. This protection must be in the form of approved automatic fire sprinklers . (iii) Developer shall be required to provide fire hydrants, located not less than every 300 feet . Actual location of the hydrants will be determined by the Fire District upon submittal of two copies of a tentative map or site plan. (iv) Developer shall also be required to provide Fire District-approved access roadways with all- weather driving surfaces of not less than 20 feet of unobstructed width and not less than 13 . 5 feet of vertical clearance to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 20 percent grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting imposed loads of fire apparatus (30 tons) . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The above-described impact of the Project will be mitigated to a less-than-significant level by the mitigation measures imposed. The assurance of adequate water supply, fire detection systems and fire district access will result in an acceptable level of fire protection at the Project site. The mitigation measures incorporated into the Project that eliminate the light industrial area and boat/RV storage area will also reduce the impacts described above. 34 ii. Remaining Impacts Any remaining impacts of the Project in this regard will not be significant . H. Noise 1. Impact: Potential adverse noise impacts at adjacent and nearby land uses. (DEIR, page 94) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: As a condition of any development plan, Developer shall submit detailed noise studies supporting the noise mitigation measures incorporated into the Project . The choice of measures shall be based on the character of the specific uses proposed in the context of the noise conditions on and around the site. The following mitigation measures should be considered within the context of the study: restricting Project-related truck traffic on Bixler Road (through appropriate design of access routes into the site) , provision of soundwalls/berms and provision of adequate separation between different uses on the Project site, as well as between the Project site and adjacent uses . In addition, truck access ways on the site should not be located along the western or eastern Project perimeters to minimize truck noise generated on the site. Loading docks should also be located away from existing and planned residential uses. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be reduced by implementation of the mitigation measures described above . These measures will ensure that the exterior noise levels along the southern boundary of the Project will remain within the conditionally acceptable noise level standards according to the Noise Element of the General Plan of Contra Costa County by controlling vehicular traffic and, where 35 appropriate, screening noise . Moreover, the exterior noise levels along the western boundary of the Project and within the residential areas of Bixler Road will remain within the normally acceptable noise level standards. The mitigation measures incorporated into the Project that exclude the light industrial and boat/RV storage areas and restrict office and commercial development on the eastern side of the Project will also reduce noise levels, particularly for the existing and planned residential areas to the north and west of the Project Site . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . 2 . Impact: Construction period noise (DEIR, page 94) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: During Project construction, the operation of heavy equipment should be limited to daytime working hours, 8 : 00 a.m. to 5 : 00 p.m. , Monday through Friday, to minimize potential disturbance to adjacent residents . Stationary noise sources should be located as far as possible from adjacent residences . If they must be located near existing residences, they should be adequately muffled and enclosed within temporary sheds, if possible. Equipment used for Project construction should utilize noise control techniques (equipment redesign, use of silencers, ducts and improved mufflers) in order to minimize construction noise impacts . 36 b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts are temporary and will be reduced by implementation of the mitigation measures described above. These measures will minimize the potential noise impacts at adjacent uses, including residential areas, by permitting construction only during pre-approved hours and by imposing specific controls on noise generated by construction and construction equipment . The mitigation measures incorporated into the Project that exclude the light industrial and boat/RV storage areas and restrict office and commercial development on the eastern side of the Project will also reduce construction period noise levels, particularly for the existing and planned residential areas to the north and west of the Project Site . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations. I. Air Quality 1. Impact: Generation of dust at and near the project site during construction. (DEIR, page 99) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: 37 Include the following dust control requirements in all construction contracts : • Suspension of any earthmoving or other dust- producing activities during periods of high winds . • Provide equipment and personnel for watering of all exposed or disturbed soil surfaces at least twice daily, including weekends and holidays. An appropriate dust palliative or suppressant, added to water before application, should be utilized. • Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. Sweep construction area and adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicular traffic. • Limit the speed of all construction vehicles to 15 miles per hour while one site . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The above-described impact of the Project will be mitigated to a less-than-significant level by the mitigation measures imposed. Implementation of these mitigation measures will reduce generation of dust emissions associated with construction activities . The watering of exposed surfaces will reduce dust by approximately 506 . The combined effect of the mitigation measures, including use of a dust suppressant, is expected to control 70% to 80% of dust emissions. ii. Remaining Impacts Any remaining impacts of the Project in this regard will not be significant . 38 2 . Impact: Generation of regional emissions of radioactive organic gases (hydrocarbons) , oxides of nitrogen and particulate matter (PM-10) that exceed the BAAQMD threshold of significance. (DEIR, page 100) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: Developer shall develop a Transportation Demand Management (TDM) or Transportation System Management (TSM) program for the industrial and office portions of the Project . The program should commit to strategies to encourage ridesharing, bicycling, pedestrian or other non- auto travel modes to reduce the total number of daily vehicle trips to the site . All signals on SR 4 should be coordinated to reduce vehicle idling. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be reduced by implementation of the mitigation measures described above . Local permanent impacts will be less-than-significant after completion of the Project, as existing and future concentrations are below federal and state ambient air quality standards in all cases . These measures will minimize the regional permanent impacts of the Project by limiting the amount of vehicle trips associated with the Project . An aggressive TDM program has the potential to reduce daily trips by about 10 to 15 percent and air quality impacts associated with auto use would be reduced proportionally. In addition, coordination of traffic signals will reduce emissions from idle cars . The combined effect of the above mitigation measures could reduce the impact of the Project on regional air quality at most 10 to 20 percent . The mitigation measures incorporated into the Project that exclude the light industrial will also reduce regional emissions of radioactive organic gases (hydrocarbons) , oxides of nitrogen and particulate matter (PM-10) . 39 ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . J. Visual Impacts Impact: Structures will be visible to passing motorists and residents of adjacent areas. The project will transform the vision of the site from open space to suburban use. The diversity of project elements could lead to unattractive contrasts in building materials, color and architectural detailing. (DEIR, page 104) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: Developer shall include landscaping in the design review process. Landscaping should minimize views of the Project from the road and the adjacent parcels, and work to preserve the overall feeling of a rural area. Prior to issuance of a building permit, the Developer shall submit revised landscape and irrigation plans in conformance with the water conservation and landscape ordinance for review and approval of the Zoning Administrator. All trees shall be a minimum of 15 gallons and shrubs a minimum of 5 gallons . The trees within the parking lot shall be spaced a minimum of every four parking spaces, and be installed at the time of construction. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 40 i. Effect of Mitigation The Project impacts will be substantially reduced by implementation of the mitigation measures described above . Incorporation of vegetative screening and landscaping techniques and design guidelines would assist in partial retention of the present rural character of the views in this area by reducing the perceived bulk of the proposed buildings and integrating the structures with the existing surroundings . The mitigation measures incorporated into the Project that exclude the light industrial and boat/RV storage areas and restrict office and commercial development on the eastern side of the Project will also help to reduce the urban perception of the Project while preserving open space views . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . R. Cultural Resources Impact: None identified. (DEIR, page 10 5) a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: Should archaeological materials be uncovered during grading, trenching or other on-site excavations, 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 mitigations, if deemed necessary. 41 b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation There are no identified Project impacts on cultural resources . The mitigation measures will ensure that discovered and undiscovered prehistoric and historic cultural resources will be identified, documents and protected. ii. Remaining Impacts There are no identified Project impacts on cultural resources . However, if a cultural resource is discovered, any remaining impacts will not be significant as a result of the mitigation measures . L. Vegetation and Wildlife 1. Impact: The proposed project would destroy an estimated 31.3 acres of jurisdictional wetlands. (FEIR, page 48) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Redesign the proposed Project so that impacts on wetlands are minimized and provide compensatory mitigation, acceptable to applicable state and federal agencies, that results in no net loss of either wetland habitat values or wetland acreage . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts on wetlands will be mitigated to a less-than-significant level by the proposed Project as it has been redesigned to minimize impacts on on-site wetlands and by the implementation of a wetlands mitigation plan. This mitigation measure would offset the loss of jurisdictional wetlands that exist on the Project Site through the creation of wetlands . 42 ii. Remaining Impacts Any remaining impacts associated with the loss of jurisdictional wetlands will not be significant . 2 . Impact: The tiger salamander, if present, would be adversely affected by any site development that eliminates seasonal pools used for breeding. Site development that avoids these pools may also eliminate rodent burrows that are required by this species for estivation. The loss of a tiger salamander population dependent on the habitats of the project site would constitute a significant adverse effect of the proiect. (FEIR, page 50) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Require that surveys for tiger salamander be conducted by a qualified herpetologist . At a minimum, these surveys should include dip net searches of pond sites for larvae and nighttime flashlight searches for migrating adults . All surveys should be completed during February and March. If surveys indicate that the tiger salamander is present on the site, develop a mitigation plan that protects breeding habitat, estivation habitat and movement corridors connecting them. Alternatively, develop a wetland restoration plan consistent with the habitat requirements of California Department of Fish and Game and the U.S. Fish and Wildlife Service. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation Surveys for the presence of tiger salamander on the Project site were conducted in compliance with the mitigation measure described above. The surveys found that no tiger salamander are present on the Project site. As a result, the potential Project impacts on the potential presence of tiger salamander on site, as described in the FEIR, will not occur. 43 ii . Remaining Impacts The implementation of the mitigation described in the FEIR has indicated that the potential Project impact on the tiger salamander will not occur. There will be no Project impacts on tiger salamander. 3 . Impact: Fairy shrimp, longhorn fairy shrimp (Branchinecta longiantenna) ; vernal pool branchinecta (Branchinecta lynchi) ; California linderiella (Linderiella occidentalis) . All three species have been recommended for Federal Candidate status (Category 1) , and if present, would be adversely affected by any development that eliminates seasonal pools. Loss of habitat currently used by any species of fairy shrimp currently considered for federal candidate status would constitute a significant adverse environmental impact. (FEIR, page 51) a. Mitigation Measures Require that surveys for fairy shrimp be conducted by a qualified invertebrate zoologist . These surveys should include dip net searches of pond sites through the months of February and March. If surveys indicate that fairy shrimp are present in seasonal pools of the Project site, Project development should avoid such pools . Alternatively, the Project applicant should develop a wetland restoration plan consistent with the habitat requirements of vernal pool shrimp that meets with the approval of the California Department of Fish and Game and the U.S . Fish and Wildlife Service . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation Surveys for Fairy Shrimp were conducted in compliance with the mitigation measure described above. The surveys found Branchinecta lynchi ("B Lynchi") . Mitigation will be required for the loss of B Lynchi habitat . The pools inhabited by B Lynchi within the development area were created by past land management activities . The primary area in which they are found are two parallel pools which appear to have been created -when clearing a road or trail 44 through the iodine bush. The second area of pools was created by the installation of the PG&E/PGT gas pipeline through the property. The fact that B. lynchi has occupied pools created by human activities indicates that new pools will be created successfully for this species as mitigation for those areas filled. As a result, the Project impacts on B Lynchi would be mitigated to a less-than-significant level through the implementation of the wetlands restoration plan described above . The Project impacts on B Lynchi habitat will be mitigated to a less-than-significant level by the proposed Project as it has been redesigned to minimize impacts on on- site wetlands and the implementation of a wetlands restoration plan consistent with habitat requirements of vernal pool shrimp, as specified in the mitigation measure above. This mitigation measure would offset the loss of B Lynchi habitat that exists on the Project Site. ii. Remaining Impacts Any remaining impacts associated with the B Lynchi on site will not be significant . iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . 4 . Impact: Development that eliminates the seasonal pools and drainage ditches of the site would probably have an adverse effect on H. curvipes (Curved-Foot hygrotis diving beetle) which is a federal candidate for listing as threatened or endangered species. Losses of habitat in current use would constitute a significant adverse effect on this species. (FEIR, page 51) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Require that surveys for H. curvipes be conducted by a qualified entomologist . These surveys should be conducted in February and March. If H. curvipes is found to be present in seasonal pools of the Project site, develop a 45 wetland restoration plan consistent with the habitat requirements of H. curvipes . Alternatively, the Project applicant should develop a wetland restoration plan consistent with the habitat requirements of H. curvipes that meets with the approval of the California Department of Fish and Game and the U.S . Fish and Wildlife Service . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation Surveys for H. curvipes were conducted in compliance with the mitigation measure, described above. The surveys found that no H. curvipes are present on the Project site. As a result, the potential Project impacts on H. curvipes described in the FEIR will not occur. ii. Remaining Impacts The implementation of the mitigation measure required by the FEIR has indicated that potential Project impacts on the potential presence of H. curvipes will not occur. There will be no Project impacts on H. curvipes . S . Impact: Development of the project would remove presumed foraging habitat for the San Joaquin kit fox. (FEIR, page 53) a. Mitigation Measures Require that surveys to assess use of the site by San Joaquin kit fox be conducted by a qualified biologist . Coordinate mitigation measures with both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Mitigation measures must include onsite construction measures to prevent "take" of any individuals that may den on the site. At present, lost foraging habitat must be replaced at a three-to-one ratio. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation In compliance with the mitigation measure described above, surveys were conducted for the potential presence of 46 the San Joaquin Kit Fox onsite . According to the survey, no evidence was detected of Kit foxes on the Project site . The Project site, while possible San Joaquin Kit Fox habitat, has a low potential for the San Joaquin Kit Fox to occur on the Project site in terms of regular use due to a number of factors including, but not limited to, the presence of coyotes on site, traffic on SR 4 , the Discovery Bay development, presence of wetlands on site, and the flat characteristics of the land. As a result of the survey' s findings, no further mitigation is required. ii. Remaining Impacts The implementation of the mitigation measure required by the FEIR indicates that there will be no Project impacts associated with the potential presence of the San Joaquin Kit Fox. 6 . Impact: The only species that may nest on the site is the burrowing owl. This species was not observed on the site at the time the field survey was completed for wetland delineation. Construction grading could .bury owls using ground squirrel burrows on the site. (FEIR, pace 54) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Require that preconstruction surveys for burrowing owls be conducted by a qualified ornithologist to ensure that no owls are buried as a result of construction grading. Should owls occur on the site, then a plan for their relocation should be drafted and implemented by a qualified ornithologist . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The potential impact of the Project on the potential presence of burrowing owls on site will be mitigated to a less-than-significant level through the mitigation measure described above . 47 ii. Remaining Impacts Any remaining impacts associated with the potential presence of burrowing owls on site will not be significant . 7 . Impact: The project may eliminate populations of Contra Costa goldfields, if present on the site. Loss of any populations of Contra Costa goldfields would constitute an adverse environmental effect of the proiect. (FEIR, page 54) a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Require that surveys for Contra Costa goldfields be conducted by a qualified botanist during March and April . If this species is present on the Project site, the Project should be designed such that all populations, and the vernal pools which provide habitat for them, are avoided. Alternatively, a wetland restoration plan should be developed, consistent with the requirements of this species, which would permit its reestablishment elsewhere. The relocation of a population of this endemic vernal plant may not be technically feasible, such that the loss of any populations on the Project site would remain an unmitigated significant adverse effect . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation In compliance with the mitigation measure described above, surveys for Contra Costa goldfields were conducted. No individuals of the species were found on the Project site . As a result of the implementation of the mitigation measure described above, the potential Project impacts on the potential presence of Contra Costa goldfields have been eliminated. ii. Remaining Impacts As a result of the implementation of the mitigation required by the FEIR, there are no remaining Project impacts associated with the Contra Costa goldfields . 48 IV. CUMULATIVE IMPACTS A. Land Use 1. Impact: Conversion to urban would represent a continuation of the pattern of gradual loss of agriculturally-designated land resources. a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: The site is within the Urban Limit Line ("ULL" ) , meaning that urban development may be considered. However, the County General Plan' s 65/35 policy means that there is no presumption of suitability of urban use. Therefore, proposed development proposed must be found in compliance with the 65/35 policy in terms of use compatibility in its setting, and mitigation of any adverse impacts on off-site lands outside the ULL. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The Project impacts will be substantially lessened through the implementation of the County 65-35 Land Use mitigation measures described above. This mitigation would, as incorporated in the Project, prevent the conversion of approximately 45 acres of Agricultural Land to a land use designation of Light Industrial, thereby maintaining approximately 45 acres of the total 78 acre site as agricultural land. ii. Remaining Impacts Notwithstanding the foregoing, the above described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives discussed in the EIR, these alternatives have been rejected as infeasible as discussed in Section VI below. 49 iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the statement of overriding considerations . B. Distribution of New Land Uses 1. Impact: The Project and the Albers project may provide excess commercial development. a. Findings Based upon the FEIR and the entire record before this Board, this Board finds that no mitigation measures are necessary because, as stated in the FEIR at page 77, fiscal impacts and market analysis are not required to be included in environmental impact reports . However, justification for these impacts is provided is the Statement of Overriding Considerations . C. Public Services 1. Impact: The Project, the Albers project, and the Discovery Bay West project would require expansion of Sanitation District 19 ' s sphere of influence and annexation of the site to the District, setting a new precedent for the provision of services to land previously in agricultural use. a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Prior to issuance of a building permit or filing the final map, Developer shall provide proof that adequate water service is available to the Project Site. Developer has reported that other water providers have indicated a willingness to provide service to the Project Site. Documentation of contact with these providers is presented in Appendix C of the DEIR. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 50 i. Effect of Mitigation The Project impacts will not be mitigated to a less-than-significant level by the implementation of the mitigation measures described, although they will ensure that adequate water service is available to the Project Site and satisfy the performance standards of the Growth Management Element of the Contra Costa County General Plan. ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations. 2 . Impact: The Project, the Albers project, and the Discovery Bay West project will place demands for service on the Byron Fire Protection District and continue its evolution toward a professional district. a. Mitigation Measures The following mitigation measures are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: (i) Developer shall be required to provide an adequate and reliable water supply for fire protection. The flow required for commercial and industrial buildings depends on the type of construction and the size of the building: typically, shopping centers require flows of 4 , 000 gpm, assuming they are sprinkled throughout; office buildings require flows of 1, 500 gpm, assuming sprinkled throughout; light industrial buildings smaller than 50, 000 square feet in area require flows of 3 , 000 gpm, assuming sprinklers throughout; and boat storage facilities require flows of 3 , 400 gpm. Required fire flow must be delivered from not more than three hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main. 51 (ii) Structures developed on the property must have built-in fire protection to deliver an acceptable level of protection. This protection must be in the form of approved automatic fire sprinklers . (iii) Developer shall be required to provide fire hydrants, located not less than every 300 feet . Actual location of the hydrants will be determined by the Fire District upon submittal of two copies of a tentative map or site plan. (iv) Developer shall also be required to provide Fire District-approved access roadways with all- weather driving surfaces of not less than 20 feet of unobstructed width and not less than 13 . 5 feet of vertical clearance to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 20 percent grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting imposed loads of fire apparatus (30 tons) . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The above-described impact of the Project will be reduced by the mitigation measures imposed. The assurance of adequate water supply, fire detection systems and fire district access will result in an acceptable level of fire protection at the Project site. The mitigation measures incorporated into the Project that eliminate the light industrial area and boat/RV storage area will also reduce the impacts described above. ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . 52 3 . Impact: The Project, the Albers project, and the Discovery Bay West project will place demands for service on the Contra Costa County Sheriff ' s office, requiring additional officers if the level of service is to be maintained. a. Mitigation Measures No mitigations measures are suggested. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation The above-described impact of the Project will not be mitigated to a less-than-significant level . ii. Remaining Impacts Notwithstanding the foregoing, the above-described impacts of the Project will remain significant . Although such impacts may be partially reduced under one or more of the Project alternatives recommended in the FEIR, these alternatives have been rejected as infeasible as discussed in Section VI below. iii. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully stated in the Statement of Overriding Considerations . D. Vegetation and Wildlife 1. Impact: Development of the project would have a cumulative effect on the presumed foraging habitat for the San Joaquin kit fox. a. Mitigation Measures Require that surveys to assess use of the site by San Joaquin kit fox be conducted by a qualified biologist . Coordinate mitigation measures with both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Mitigation measures must include onsite 53 construction measures to prevent "take". of any individuals that may den on the site . At present, lost foraging habitat must be replaced at a three-to-one ratio. b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : i. Effect of Mitigation In compliance with the mitigation measure described above, surveys were conducted for the potential presence of the San Joaquin Kit Fox onsite. According to the survey, no evidence was detected of Kit foxes on the Project site. The Project site, while possible San Joaquin Kit Fox habitat, has a low potential for the San Joaquin Kit Fox to occur on the Project site in terms of regular use due to a number of factors including, but not limited to, the presence of coyotes on site, traffic on SR 4, the Discovery Bay development, presence of wetlands on site, and the flat characteristics of the land. As a result of the survey's findings, no further mitigation is required. ii. Remaining Impacts As a result of the implementation mitigation measure required by the FEIR, there are no remaining Project impacts associated with the potential presence of the San Joaquin Kit Fox. 2 . Impact: The proposed project would have a cumulative effect on the loss of the alkali sink scrub habitat. a. Mitigation Measures The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Redesign the proposed Project so that impacts on wetlands are minimized and provide compensatory mitigation, acceptable to applicable state and federal agencies, that results in no net loss of either wetland habitat values or wetland acreage . b. Findings Based upon the FEIR and the entire record before this Board, this Board finds that : 54 i. Effect of Mitigation The Project impacts on the alkali sink scrub habitat will be mitigated to a less-than-significant level by the proposed Project as it has been redesigned to minimize on-site impacts and by the implementation of a wetlands mitigation plan. ii. Remaining. Impacts Any remaining impacts on the alkali sink scrub habitat will not be significant . V. MISCELLANEOUS CEQA REQUIRED TOPICS A. Growth Inducing Impacts As required by CEQA, the FEIR at page 126 evaluates the growth-inducing impacts of the Project and the ways in which the Project could foster economic or population growth or the construction of additional housing, indirectly or directly, in the surrounding environment . 1. Impact: Implementation of the proposed Project would reflect a trend toward urbanization of the SR 4 corridor and make it more difficult for policymakers to justify future denials of urban projects within the Urban Limit Line (ULL) in that area a. Mitigation Measures No mitigation measures are recommended for this impact because it is less-than-significant . The Project is intended to serve the existing shopping and office needs of the Discovery Bay community without the addition of housing developments . Its location in the SR 4 corridor near the path of most of Discovery Bay commuters heading west toward central Contra Costa supports the Project 's purpose of servicing the Discovery Bay community. Further, the Project will not have a significant effect on development of adjacent parcels . It is located near the western and southern fringes of the ULL, where growth cannot occur. The area between the Project and the ULL, as well as the areas to the north and east, have already been developed or have been proposed to be developed. 55 1. Impact: Annexation of the Project Site to Sanitation District 19 would induce growth in the area by establishing a precedent, bringing urban services into a new area and reducing the future cost of annexation and connection to the District a. Mitigation Measures No mitigation measures are recommended for this impact because it is less-than-significant . Sanitation District 19 was formed for the benefit of the Discovery Bay community. Expansion of the District is essential if limited services for Discovery Bay are to be encouraged at the intersection of Bixler Road and SR 4 rather than within the residential community. B. Irreversible Chancres to the Environment As required by CEQA and the CEQA Guidelines, the FEIR at 110 describes and evaluates the use of nonrenewable resources during the initial and continued phases of the Project . 1. Land Use The Project ' s impact on land use is discussed at page 19 of the DEIR. The Project would irrevocably commit the Project Site to non-agricultural and non-residential uses . The justification for this impact is explained in Section VII of these findings . 2 . Hazardous Materials The Project ' s impacts caused by hazardous materials is discussed at page 64 of the DEIR. If spills or leaks of hazardous materials were to occur despite protective measures, the contamination could be irreversible . This impact has been reduced by the mitigation measure incorporated into the Project which eliminates the light industrial area. However, hazardous materials impacts may still be significant with regard to the station. The justification for this impact is explained in Section VII of these findings . 3 . Public Facilities The Project ' s impacts caused by public facilities is discussed at page 73 of the DEIR. The construction of new public facilities to serve the Project Site, including new sewer lines, water lines, wells and roadway improvements 56 r are irreversible and could set a precedent for other applications to follow. The justification for this impact is explained in Section VII of these findings . C. Relationship Between Local Short-Term Uses of the Environment and Long-Term Productivity As required by CEQA and the CEQA Guidelines, the DEIR at page 127 describes the cumulative and long-term effects of the Project that adversely affect the state of the environment . In addition, the FEIR addresses impacts that narrow the range of beneficial uses of the environment or pose long-term risks to health and safety. The Project will contribute to the gradual elimination of open grassland and agricultural land use in the area. However, the relatively low quality of the soils for agricultural uses suggests that agriculture is not the best long-term use of the land. The Project, serving the retail and service needs of an adjacent large residential community, will be a more productive use of the land. Moreover, preservation of the land for grazing use may be inappropriate because the areas to the east and north are no longer in agricultural use and additional areas to the north and west are proposed for development . The potential for periodic flooding and liquefaction of the soils during the almost inevitable earthquake activity suggests that intensive development on the site over the long-term may not be appropriate. These impacts will be reduced by mitigation measures incorporated into the Project . The elimination of the light industrial area and boat/RV storage area will reduce the density of the development . In addition, the requirement that structures be built above the 100-year flood level will lessen the impact of flooding. Regional changes in land use patterns have been occurring in the vicinity of Byron, Brentwood and Discovery Bay and will continue over the long term independently of the Project, as evidenced by the proposals for the Discovery Bay West and Albers projects . The uses proposed for this site could complement the other two projects and the existing Discovery Bay community by providing workplaces as well as convenience retail and service uses . Further justification for the impacts described in this Section V.D. are explained in the Statement of Overriding Considerations . 57 r D. Significant Unavoidable Impacts As required by CEQA, the DEIR at page 107 describes and evaluates the significant environmental effects which cannot be avoided if the Project .is implemented. These impacts and the mitigations therefor are identified in Section III above and are also discussed in the Statement of Overriding Considerations . VI. FINDINGS REGARDING PROJECT ALTERNATIVES CEQA and the CEQA Guidelines require an EIR to " [d] escribe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project . . . . . " . CEQA Guidelines 15126 (d) . The EIR evaluates and compares several alternatives to the Project, and this Board' s findings regarding these alternatives are set forth below. A. General This Board finds that the EIR sets forth a reasonable range of alternatives to the Project so as to foster informed public participation and decisionmaking and to permit a reasoned choice . This Board finds that the EIR adequately discusses and evaluates the comparative merits of the alternatives . B. No Project Alternative The "No Project Alternative is discussed at pages 112 through 113 of the DEIR. This Board finds the No Project Alternative is infeasible and less desirable than the Project and rejects the No Project Alternative for the following reasons : Pursuant to this alternative, the Project site could be developed potentially with as many as fifteen residential units, given a minimum lot size of five acres in the Agricultural Land use category. This potential residential use of the site at a density of one unit to five acres is an alternative that would provide no benefit to the existing residential community or to future residents. C. Commercial, Office and Residential Uses Alternative The Commercial, Office and Residential Uses Alternative is discussed at pages 113 through 114 of the DEIR. This alternative would affect a greater physical 58 area, approximately 78 acres, than the Project, as mitigated, which would retain approximately 45 acres of the Project Site in the Agricultural Lands designation. This alternative would result in more significant impacts than the proposed Project . This Board finds the Commercial, Office and Residential Uses is infeasible and less desirable than the Project and rejects the Commercial, Office and Residential Uses alternative for the following reasons : 1 . The DEIR states that pursuant to this alternative, traffic impacts would be significantly greater than those projected as a result of the proposed Project . 2 . The DEIR states that this alternative would increase the level of demand for water supply and sewage collection and treatment facilities due to proposed residential uses . 3 . The DEIR states that noise levels along Bixler Road would be significantly higher than those. predicted by the proposed Project . Proposed residences under this alternative would be exposed to noise levels in excess of the County' s exterior noise standard. D. Residential Development Alternative The Residential Development Alternative is discussed at pages 117 through 118 of the DEIR. This alternative would yield a total of between 175 and 234 housing units on the 78 acre site. It would result in a population in the range of 455 to 610 people on the site at an average of 2 . 6 residents per housing unit . This alternative would affect a larger physical area than the Project, as mitigated. As stated in the DEIR, this alternative would result in more significant impacts than the proposed Project . This Board finds the Residential Development Alternative is infeasible and less desirable than the Project and rejects the Residential Development for the following reasons: 1 . Like the Commercial, Office and Residential Uses Alternative, the Residential Alternative would result in more significant traffic impacts than the proposed Project, as mitigated, specifically peak hour trips . The Residential Alternative would not provide the Project benefits of a shopping center and gas station for existing residents of the Discovery Bay area. 59 r , E. Proposed Project at an Alternative Site The proposed Project at an Alternative Site alternative is discussed at. pages 120 through 121 of the DEIR. The Board finds the Alternative Site alternative infeasible and undesireable for the following reasons : 1 . As stated in the DEIR, the effects of this alternative would be more pronounced than those of the Proposed Project, because a Project at this location would be farther from existing development, and would promote leap frog development . 2 . As the DEIR states, the alternative site is located at a greater distance from existing connection points to the water distribution and sewer collection systems of Discovery Bay (Sanitation District 19) . According to the DEIR, the extension of those systems to this alternative would be more costly and create the potential for urbanization of a greater area than would the extension of public facilities to the proposed Project . VII. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guidelines Section 15093 , this Board adopts and makes the following Statement of Overriding Considerations regarding the remaining unavoidable impacts of the Project, as discussed above, and the anticipated environmental, economic, social and other benefits of the Project : A. Findings and Statement 1. Overriding Considerations The remaining unavoidable impacts of the Project described above are acceptable in light of environmental, social, economic and other considerations set forth herein because the benefits of the Project outweigh the significant and adverse environmental impacts of the Project . 2 . Project Alternatives The Project alternatives set forth in the FEIR are infeasible in part because such alternatives would prohibit the attainment of specific social, economic and other benefits of the Project which this Board finds outweigh any environmental advantages of the Project alternatives, as discussed in greater detail in Section VI . 60 B. Description of Overriding Considerations This Board finds that the following social, economic and other considerations warrant approval of the Project notwithstanding any remaining or unmitigated impacts of the Project . This Board finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project . 1. Job Creation The proposed shopping center is expected to create 188 jobs for East County residents. Additional jobs will be created as a result of the further development of the Project related to the office complex. The creation of these jobs will help to achieve a major goal of the Contra Costa General Plan. Recognizing that the East County area will have a gross imbalance of housing to jobs through the planning period expiring in 2005, the Plan encourages the development of employment bases near the residential areas of East County. 2 . Land Use The mixed-use retail and office Project may be the best use of the land. As stated in the FEIR at page 79, the Discovery Bay community has stated that it needs a close Project that offers retail, office and full service gas station uses . It is therefore appropriate to develop such a Project that is near the residential community. It is also appropriate to direct commercial development to the intersection of SR 4 and Bixler Road, the closest major intersection for residents driving to the business centers of Antioch, Pittsburg and Central County. Agriculture is not the best use for the land. As noted in the FEIR at page 36, the Marcuse clay soil found on the Project site is poor for grain and seed crops and only fair for domestic grasses and legumes . In short, agricultural use of the land is limited to grazing. According to the DEIR at page 20, land for grazing is plentiful in Contra Costa County, comprising approximately 185, 800 acres in 1989 . Moreover, preservation of the land for grazing purposes may be inefficient if the parcels surrounding the Project site are no longer used for agriculture . 61 , 3 . Air Quality The creation of a job base on the SR 4 corridor may have the cumulative effect of decreasing air pollution by providing retail and office uses close to the Discovery Bay residential community. Auto emissions may be reduced if Discovery Bay residents are able to commute less for shopping and jobs . 4. Community Benefits The Project will be a benefit to the community by offering retail services, office facilities and an employment base within close proximity. As noted in the FEIR, the Developer met with homeowner associations in the Discovery Bay area to discuss what the residents would like to see developed at the Project Site . In response, the Developer dropped its original proposal to construct a mini- warehouse and boat storage facility in favor of a mixed-use retail and office development requested by the residents . VIII. FINDINGS REGARDING MITIGATION MONITORING PROGRAM California Public Resources Code Section 21086 . 6 requires this Board to adopt a monitoring or reporting program regarding mitigation measures adopted in connection with these findings. A mitigation monitoring program has been prepared for the Project and is attached hereto and incorporated herein by reference . This Board hereby adopts the attached mitigation monitoring program in fulfillment of the requirements of Section 21081 . 6 . IX. FINDINGS REGARDING REZONING TO P-1 AND DEVELOPMENT PLANS Pursuant to the requirements of County -ordinance Section 84-66 . 1406, the Board makes the following findings with respect to the rezoning of the Project site and the PDP and FDP: A. Byron 78 intends to commence construction of the Project within two and one-half years of the effective date of the rezoning and PDP and FDP approvals . B. The Project is consistent with the County' s general plan, as amended by the GPA. C. The Project is needed at the proposed location to provide adequate commercial facilities of the type proposed. Traffic congestion will not likely be created by 62 a the proposed center or will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exists, and by internal provisions for traffic and parking. The development will be an attractive and efficient center, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development . D. The development of a harmonious and integrated plan, such as the Project, justifies exceptions from the normal application of the County Code . X. FINDINGS REGARDING THE VTM A. In accordance with California Government Code Section 66473, this Board finds that the VTM meets and performs all of the requirements and conditions imposed by the Subdivision Map Act, California Government Code § 66410, et seg. , and the County Subdivision' Ordinance, County Code, Title 9, as more fully set forth in the findings incorporated herein. B. Pursuant to Government Code. Section 66473 . 5, this Board finds that the VTM, together with its provisions for design and improvement, is consistent with the County' s general plan, as amended by the GPA. C. Pursuant to Government Code Section 66412 . 3 , this Board has considered the effect of the VTM and the Project on the housing needs of the region. In doing so, the Board has attempted to balance the regional housing needs against the public service needs of area residents and available fiscal and environmental resources . D. Pursuant to Government Code Section 66473 . 1, the Board finds that the design of the VTM provides, to the extent feasible given the configuration, orientation and topography of the Project site, for future passive or natural heating or cooling opportunities within the Project site . E. The Board finds that the Project site is physically suitable for the type of development and the density of development that will result from the Project . F. As set forth elsewhere in these findings, the Board finds that the design of the VTM and the Project is not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat . To the extent that the VTM and the Project will have adverse effects, the erivironmental, economic, social 63 and other benefits of the Project override such effects, as set forth in the Statement of Overriding Considerations . G. As set forth elsewhere in these findings, the Board finds that the design of the VTM and the Project is not likely to cause serious public health problems . H. The Board finds that the VTM and the Project will not conflict with public easements for access through or use of property within the Project site. I . The Board finds that no substantial evidence has been presented before the Board with requires a finding pursuant to California Government code Section 66474 that would mandate denial of the VTM. 64 W84361[15363/11 ait-o C) M , MILANO SURVEYING (Applicant) TONY UJDUR (Owner) , County Files #2968-RZ & 3031-91 Requests approval to rezone approximately 16.7 acres of land from Heavy Agricultural District (A-3) to Planned Unit Development (P-1) for a 10.37 acre retail site. Subject property is described as approximately 78 acres located at the northeast corner of State Highway 4 and Bixler Road. Discovery Bay/Byron area. BOARD OF SUPERVISORS CONTRA COSTA COUNTY AUGUST 17, 1993 - 2: 15 P.M. :. . :.��.: .......... .......��...:..__. �.. ... _ ti ......................_..... ....------- Page ---Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS General Plan Amendment #5-90-EC.was previously-heard by the Board on May 4, 1993, deferred to May 25, 1993 and again to June 15, 1993 at which time the hearing was closed and a decision was deferred until the East County Regional Planning Commission could hear and make recommendations on the related development files and be heard by the Board together. This item was heard by the East County Regional Planning Commission on July 12, 1993. The Commission, after taking public testimony, closed the public hearing and recommended approval of the applications with Staff's recommended conditions and some modifications including: (1) Provide a pedestrian access to the Discovery Bay Community east of Kellogg Creek; and (2) A will service letter for domestic water and sanitary service shall be provided prior to issuance of a building permit, rather than at filing of the final map for this project. (3) Add dedication of right of way for the extension of Marsh Creek Road. The Commission was concerned that the project would be limited to vehicle access and felt a pedestrian access to Discovery Bay from the center should be considered by the applicant and the local community. The addition of the pedestrian trail has the potential to reduce trips on Highway 4 to the center. In addition, testimony was provided by the Sanitation District 19 and the Discovery Bay Community that the existing domestic and waste water system may not have capacity to accommodate the project. The Commission's requirement to obtain domestic water and sanitary services prior to issuance of a building permit will require the applicant to develop their own system, or ensure Discovery Bay's system is adequate as existing or by modification prior to any development occurring on the site or the Final Map being filed. RESOLUTION NO. 33 - 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 MILANO SURVEYING (APPLICANT) AND TONY UJDUR (OWNER) , (2968-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BYRON AREA OF SAID COUNTY ALONG WITH COMPANION APPLICATIONS 3031-91 AND MINOR SUBDIVISION 39-91. WHEREAS, a request by Milano Surveying (Applicant) and Tony Ujdur (Owner) (2968-RZ) to rezone land in the Byron area from Heavy Agriculture (A-3) to Planned Unit District (P-1) was received on September 12 , 1991 along with companion applications 3031-91 and Minor Subdivision 39-91; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Final Environmental Impact Report has been prepared for these projects and certified as being adequate along with a request to revise the General Plan for the site; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, May 3 , 1993 and continued to Monday, June 7, 1993 and continued again to Monday, July 12 , 1993 ; whereat all persons interested might appear and be heard; and WHEREAS, on Monday, July 12, 1993 , the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, on Monday, July 12, 1993 , the East County Regional Planning Commission approved Minor Subdivision 39-91; and NOW, THEREFORE, BE IT RESOLVED that East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Milano Surveying (Applicant) and Tony Ujdur (Owner) (2968-RZ) be approved for change from Heavy Agricultural District (A-3) to Planned Unit District (P-1) , and that this zoning change be made as indicated on the findings map entitled: Page P-28 of the County's 1978 Zoning Map. BE IT FURTHER RESOLVED that the East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California that Final Development Plan #3031-91 and Minor Subdivision 39-91 be approved. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: :..i_.:C:.:[::.::.'.:. ::.-...:...,.. .. .... .ic.....<.[..<.c.[..+ ..v�_.i:lLLLN'./..['.c: Ll LrirGCrt\-lri4t !./l.` .. �_...._.'.:�»......:+3uc....c.it.•�w....:....... . .. ... .... _. Page Two __ RESOLUTION NO. 33 - 1993 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 . 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. 3 . The development, together with provisions for its design on improvement, conforms with the General Plan for the site. 4. The development is needed at the proposed location -to provide adequate commercial facilities of the type proposed. 5. Traffic congestion will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking. _ 6. The development will be an attractive and efficient center which will fit harmoniously into and will have no effect upon the adjacent or surrounding development. 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, July 12 , 1993 , by the following vote: AYES: Commissioners - Hern, Sobalvarro, Andrie:u, Hanson, Planchon, Wetzel NOES: Commissioners - None ABSENT: Commissioners - None ABSTAIN: Commissioners - None Page Three RESOLUTION NO. 33 - 1993 HERBERT HERN Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: Secretar the East County Regional Planning Commission, County of Contra Costa, State of California DJA/df 2968-RZ.res Findings Map ai-- A 2 A-3 Lu i i _._._.....�.._... - MARSH CREEK RD :•:.::..:}{r;�x =�+� v\, TATE HWY 4 Rezone From To ice=_1 - Area tet, 'Chairman of the East County - Regional Planning Commission,Contra Costa County,State of California, f E --- da hereby certify that this is a true and correct copy o� indicating thereon the decision of the East County� Regional �Planning S Commission in the matter of (Pr�55 2-' ATTES S r y of e as County Regional ning Commis on,State of California Milano Surveying Anthony J. Ujdur Ygnacio Homes 1983 Mohawk Drive 116 Birchbark Place Attn: Anthony Udjur Pleasant Hill Danville, CA 94506 2723 Crow Canyon Rd. 1211 San Ramon, CA 94583 Discovery Bay MAC Peter Alexandra Herb Hern Bill Slifer 706 Willow Lake Road 1984 Seal Way 4660 Spinnaker Way Byron. CA 94514 Byron, CA 94514 Byron, CA 94514 Byron-Bethany Irrigation Dist. Byron Union School District New Discovery, Inc. Fred Specht George Hoover P.O. Box 907 P.O. Box 273 P.O. Box 118 Concord, CA 94522 Byron, CA 94514 Byron, CA 94514 Rose Gisler Bernard Monte & Lucia Albers Robert Lamb Rose Bernard 1400 Deer Valley Road Eugene & E. Marie Thomas P.O. Box 115 Brentwood, CA 94513 2421 Teak Ct. Byron, CA 94514 Santa Rosa, CA 95403 John Tomlin Joseph & Bessie Riccobuono William Boyle Rt. 1 Box 616 16 rnlet Drive Eugene Leyba Brentwood, CA 94513 Pittsburg, CA 94565 Rt. 1 Box 614 Bixler Rd. - Brentwood, CA 94513 Norma Mygrant Eugene & Eleanor Marsh Charles & Susan Gary 1168 Alta Mesa 5000 S. Point Rt. 1 Box 114 Moraga, CA 94566 Byron, CA 94514 Byron, CA 94514 Allen & Barbara Dukes Russell & Virginia Harris Roy & Susan Vinyard Timothy & Patricia Sexton Rt. 1 Box 608 Rt. 1 Box 612 8716 Montiflora Ct. Brentwood, CA 94513 Brentwood, CA 94513 Hollister, CA 95024 Robert Lamb Patterson Byron Seventy-Eight b:2968-rz.lab Eugene & E. Marie Thomas c/o Nizar Y. Jharmal 2421 Teak Ct. 2590 Grantville St. Santa Rosa, CA 95403 Vancouver BC, Canada V6H3H _. _ _____..:iGs•Onu:ui-:c,:t�.o_Krrrr 1,c�:rtri-��x....�.r�_.-.1..�..v.<�.u_.u...._,�.,:.a...c.w��.�..c._..c...w..............�....,r ..,. ..., .....r . CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 39-91 AS RECOMMENDED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION JULY 12, 1993 1 . Approval of Minor Subdivision 39-91 is contingent upon approval of Rezoning 2968- RZ, rezoning Parcel A and Parcel B of MS 39-91 to Planned Unit Development and Final Development Plan 3031-91 . 2. Prior to filing the Parcel Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and.for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. The approved street names shall be shown with filing of the Parcel Map. 3. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been-made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. 4. The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 5. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 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 Bixler Road. ......................................................................... ... ....... AI „n.>.'> >:<»F°r' `r7 e54fParG:.::I::: s;;;&.:::B: Constructing r - :;; :.: .;; ;::.:::0t9;: ;: . .e .;s; uct g cu b, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, pavement widening, left-turn lanes for each project access and a half-width median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of all or part of the .cr,:;.<.e.:,c.c.c.c:r.�r c.c:.:..:.c•:•;.^.::c.,wc.c.:.c.::;..-.:-cca�..a:_:_-,.•�•u+.a+:.e:a. �:r'`..GG[ie;t::.:._:J.r�:.�....ti__ 2 half-width median island; subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. flJi ng t . vintages. o. Marcel . An exception to this requirement<is :..:: :;:$i:;;= ;prpv.+.:.. ci.... Mproverne:nt::::::a. rem :rit.:i ::;:: :x g e .ec ted i i quiring;the owner#s) of the property va#veci.in::Spbdivisipn EVIS:3 = €t S. f I:to<ctsi $t€u t fhb' ins 'r'v':r e i p t�. e is as outlii ed above. A,tt9>_ ie; rflnta es:of>�arcel:C3; c�'istr:utiri auem rit 9: g, P.. e v+{J emng,,a cru.:fic c�.�,f.oc C.,shouEttei pntf c e IR tray S t Arts;al n >the rOr to a-vtirlj g.. sat#sfy°.this tsquirernent . :The Thin rnurn total width:of. pavernertt on let;= pa'd_oloo <jf�e><P rc'et D;f t rita e- sial(>#�e>32' g _ 2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the access points along the frontage drdi' h:t :uri:; ei4rti`8ixer'Roa will satisfy this 9 d t y t s requirement. 1-R install eight feet sidewalk aleng the fFentage and to the eas adjaeent to the existing State Highway bFidge, subjeet to the Feview-of The—bFidge -fail,nge -s-ha;; be eeAstFueted ef-a-noR eendueting eleetFie4y. Sidewalk shall be plaeed at least fe---- ..em the eUFb. PFopesed-bus shelteFS Shall be-eleaF of the The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The applicant reay shad construct a pedestrian aeees trail to the property to the east, it,oNe4ti,t rive including a pedestrian bridge ......... ..:..:::.........:...........:::::.. . across Kello Creek. :.::::: , ppdeis tan:xrall shy# strbleC .t '>theetr::of::te Pub1�C1�11erlts30partrn,'ent,: t3 the ratav ;iar:dapprnra:::cf ttta:: tritrx drnrnlsfrator, Tie. ro s.. :.. .s`viCvoroelo: te:;GOlv{?:rtCer�<: :ed rs n .;-: ; rve#rter ;# r:..:fi >w-; .t�bFi : ; coritohe PedeszrEa: t1;; the#Sg > pe ; tB Our ` =Bibi :unit:::::`;:<Th:::::lii.: .er -,..ilir :: ; . ` ' '. 3 a ; g .;sFteil:ke;cpnstrctet3;;cf .::....:::.. ... ...::..::.. a:;r Mc€ OREM rr)a;terrat;,;:a{ be; roper( <:; rou.rided to,; tev :... ,9. p <ertt tate ra#, rtg o fitted.uGtIn:—e:Eectddi.t:y.:,Mainter,ai e.:t:f:tt:e-br r.:::. tdge a. d t a. west of the br%dge shall be-pertrmed by tha developer: lkafritoraarce Of't e trail>e:'" #;the< rid e:sl all be b the Discover ;B ..... :... ... Y ... y aY.c+3rrtrr►unity ................. 3 Tf e<:a lrcant::shall:>woe:(e::inrith:>the D; s:cflver ::;ga :comm;unit >such>as il:.:>: n' h . .t r .;., :''':a5t<(isvely :::.;a:X;.:;:> MOIOO' >:„::.d...;.a .KY Co;un�::<.,.,�.:.d. ::o:.;:p,;oPe::::.::Y;Owh r: ;::.. irk;:< he. east;: ori:.;t:he:::focat on. o f; he. p.edestrfa connectcon .:: e IN SGt3ugry .' cornrn nrty east of K: 1lo:gg Greek, aril coorc#�nete writ ,..... . .. . ......... . . .. the:::State;;srrd :Federa;lIe9 latory a.genci,es;on;routing the pedestrian trail :::.;::> jnror� ' rC61B er�d>f� l1r} g k.� If PFOpeFty Fights OF easement . e$RR9t he obta4ned feF the tFail en the east se of the-cF^ce� , rhczrz�}e nt te eeRStFuet this PeFtien ef the tram! shall be waived. I f:01 >: rma #:>;:tssuance::a.f,<bildir: errnrtsfo:r Parcel :C ;ter ten>.:eacs:;af:ter "I '>;<'>>w:tii::::h' :v .r i,. >h:0 1; ri: i r ': fi►lrig'>of'thepo ;;.; p.: c. e e Ste o.get t e. AopsrtY. rights or easemEnts fob tie treil on>the east side of Kellogg Creek cannot �;. i '' f:: :: : V <r:' B' M l<Ad n tl h r' Vie:€ btre:d: id.the e. v:.::ay, u c p . so y Cou c as. .at h Z n' dminis rator:rri ;: ; iv; id'eifiifietlafea:s% '.I.t tra[i o:ute,:t en the 0 1n :.: s ay:nrai e 9 ri :r' it t't;0::::MOTuCMVt:.e.t �. :a d t ::o b dge The State Highway 4 transition to the west of Bixler Road shall include a right turn acceleration lane from Bixler Road to Highway 4, su> je;e;t:;ty r.s:t ^,b.utserrj:e:rlt::; rorn:;;<;the;:;<fir nta e; ropert.y ovyner: ;when the ...... g fr .nttg;prvperty v:uu.rer:tl:eer:ps If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on the Creek. The proposed right of way width for State Highway 4 is 126 feet, and the required right of way width for Kellogg Creek will be at least 100 feet. 3) Installing street lights on Bixler Road and Highway 4 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 Department, Engineering Services Division. The n RsrGst<C::cacti be itteluded:in<ths deferred:tm: rQviri;snt nt:;#or::<Parcel::::C: >Stre:et li hts are riot re: uired:aIbn t�e'frc to e agreeme, -. 9 . q 9 9 Of V 4) Undergrounding of all utility distribution facilities, including the existing distribution f,.^alitie ace;ss along the Highway 4 and Bixler Road .................. ................ frontages . . .:il4 : ;.;t. efrota e< f>patC1 D. 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. 4 Designing and constructing storm drainage facilities required by the Ordinance in with.specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. ....................:::.;:::.::.::::.::::::: ...:::::..::. . ................ .. <<rrldicates:::a; JSn;::::t �Sol a : e; o e;en t:s.4.0:;<StOtt t Ketl:o Oree:k:::vra>:an;:extstn >o ;en>dr::asna; e<<:cl:ltch::...:.:.:.:.. ::..,: . .aters.;to::.;:.;;:: ;;::;;: 9.; ;P;;.>:>; ;. 9........:. »t� ; . i':::t. rri:.; :_rr;:.:. »< >:<: ».: .. tsm: Ar. :<:::between Parcels >C &:D : eca.use:t: :s d.::c:: : ..a.... ::a.:::: a.:.:. os.::.;:da..v: ::. : <. rrd<:not>a::rrater:al:uuatercours:e the:a locant w:rlt;b.e;re;.:u:r:...... xi: itch f:>` h:. h T :l,> c ver:.lf: €°'ttS:ade ua,C;y>;;[7n:der>: h`e <requi a e. tS o t G ;: ; ..;. ..:..::.......::: :.:......:...:.... .:... rim ;ing ;stor > drainage from this property :also co eys 'irrigation Y d�strCfivitatr,then the hydraulic analysis fOr fifO ditch rnust;:conSrtler th:e. form s�se during the wet winter months;frvm October 15 to Ap€il 15: ve .:the # f. vv': ::. t e r: : rY :i.r►. .ri t o leant:>stall ate :the`eo ;;espo d; g... 9 ay o e. en th:;of:>the.<:drtch tea ufilc entrt: wticta :would asune t e e to Ai: .:T 9.; Y ons:tb:ilr.t:::>:4:v..:.erthe::.dit.ch::...T.h.e::.Cou:..t:y:Wi:l[:>nc.t:take::Over .;:. .;:... Y..:.:..:.;:..::.:..:::... ....... wi h i re faced: t t ►e m;apntennce>o;f;tifisfacllityuriless the existing ditch s p .. a inderg ound. Culveit frtir B�xler Road..to Kellog.g: Grae If .f ......rt to. rim e r » :arcel rna :the maintenance;emit; liras i of b.....et rim , ri' `r { n;; n ;:m j:ntena;nce o >:::the dq.0h<::snail aye . e<r i ' :tl.;.p o: Chert>::the;::des:.:� .;.; ;: ;;;; ;:; ;;;.;;;<:<.;.........; : .:.: . . ..:...... . .....:..... . .. trance:o.f<:bu'I i.. er:mIts: r> Parcel C: ln;:the 'nterr m : ithe zct;;th .;tss. ; :; 9. P;;;;>; : i;. .M. n: i El r. v d a: : I.i:Gant>:<rna> prlvarte:l:Y:<<ma�rtifia�r�; file d te;;• p. .. 9 t ;;app.;:ca. a:<:>rnasnten.ance::::a rE:exnent;<:and:» o.st;;:;a < ry ,r::i:ate.;:;:seurtty; t. excuse 9>> p pp p .: ....... 6) Verifying that all finished floor elevations are above the 100-year flood elevation. 7) 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. 8) Submitting a Parcel Map prepared by a registered civil engineering or licensed land surveyor. B. This project shall comply with the provisions of the Byron 78 General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: 1) Contribute this project's "fair share" amount toward tt e;,0.1.1.owing areawide improvements: s eh a. The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. 5 b. Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Discovery Bay Boulevard.. C. Widening Highway 4 to four lanes north of Mash Creek Road and east of Bffi)(IeF Read. Discovery;Bay Bgul;rvar:d. d. Widening and upgrading Bixler Road to five lanes between Highway.4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the areawide road system shall consist of construction of the recommended Highway 4 improvements er urf orated ;above'; 5 ;A ,A;3 nd A4, along the ................. ... . . frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from future impacting developments. P:riot: 0.4 lii g;P;a:r:c.ef;Nfap th a;pp icarlt ... ......... ......... ......................................... ............ .......................... ........ ................................................................................................................................................... .......................... ..:t,a.f....c.... tud. ....base .. ..... u..cvut. of Y...:.: :;;..........................;:.;:.;;;:.;;::< .;;:.;:.;;.;:.;:.; ::.;;;;; :;.;;; .:: tleye 4prne it as:mx euelapme ,.,t v sur oto d ng are. by tie year 2OOQ t'> iri' :>::h' :<rti' ` ' :>f :r ::: n, ; .�.rti' K : r::fft :>: i3 1 In addition . .. . . prior to filing the Parcel Map, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection is-t he amewnt of 12.99; of the sig^"'"atien eest shall be required. The fair Shs'r 4:aht ::Sh`.1: b. : .eters irted . traffic ;stud r t.. tin the ................ Y Y . .. .. 9 ........................... ............................... co.ect:>s>:Er�crease:trt:> ea:k;hour;:tta:fffc;%r;er;sus:;the::cum ataueAncrea:s.e:in p.....f... .... . . .. peek hour traffijc::gene.aced t ou9 t e to sect o 2) Provide for maintenance access for Kellogg Creek along the easterly boundary of the property, subject to the review and approval of the Public Works Department. C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. All widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right- of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Parcel Map. D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide for bus pull-outs and covered bus shelters at locations designated by the Tri-Delta Transit Authority, subject to the review of the Public Works and Caltrans, and subject to the review and approval of the Zoning Administrator. :.::;.. ..:::::.::. ...:..:...:::..::::...::.:... Pealestr:art ::ac litres;shall be pr,ovaded frorri th:e r:o'ect;;te the bus sfo 6 F. Provide at least fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road - intersection, subject to the review of Caltrans and the Public Works Department and subject to the review and approval of the Zoning Administrator. G. Install a traffic signal interconnection between the traffic signal at the Bixler Road/State Highway 4 intersection and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject to the review ..... ............ and approval of the Public Works Department and Caltrans. Interconnection :. This w:: r:k:i. ..::: .r: .:::f uv: I::r: n s o s a t o ma::: ut�I.z.... ro ;a;ve;teci :nolo' y: if ally:;ed v ;Ga t a s R Y 9 the:srgna1.2.. .. of the:intersectiori of BiXler Road acid State Highway 4 ane re�mf :ur ement sflall be an the carne imanno'r described for the interse�tiori`wprk: H. -e eFeia;- site aeeess, and Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. I. Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. J. Provide for adequate corner sight distance based on a design speed of 55 miles per hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 in accordance with CALTRANS standards. K. .. :.;:...;;:.;. Read, .. . . . t# >:>:: ::.::. . . >:::al4.r► >>thee> Sta. a :#-f: : : ra::.:;.:4::bh;><.:: .: f:<>:::pa:d SfiCt:> ZGeS9:.:.::.:.:.: ;: . .: X... .: :... .: .. ........ .. ill openings w be .............arb ret urn's.. Access o e s f:r:onta :e.><af:::Pa�cels:A:<&>:B ;:<ncjudi;ng>:<c :.::<;;; p 9 allowed as shown on the tentative map or as modified by these conditions of a royal, afid'to'ace`sseIGa:gg; .............. pp ........:.:..:::.:::.:.::::::::::.::.., ............... . .:. L. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. Plans for improvements on Highway 4 must be approved by Caltrans prior to the filing of the Parcel Map. M. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. N. The Bixler Road accesses shall align with t;e>co'ord nate .. with those of the .. ..........:...... . ... Albers project to the west, subject to the review and approval of the Public Works Department. O. Physically restrict, the accesses along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of Caltrans. Eliminate the eastefly �et aeeess as shewA an the tentative . Only two entrances to Highway 4 shall be allowed, axcludsng>t1�e:;m:ainte:n.ance access.to Kellog:g:Creek.. 7 P. The applicant shall contribute $1 .55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit, if building permits are issued prior to adoption of a new Delta Expressway fee ordinance. If the proposed Delta Expressway fee ordinance is adopted prior to issuance of building permits, the applicant shall instead be responsible for payment of the adopted fe. Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler road, not State Highway 4. R. 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 of 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 interests in accordance with Section 66462 and Section 66462.5 of the Subdivision Map Act. S. Apply to the Public Works.Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Parcel Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. T. Construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created by this project. This scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg Creek shall be reviewed by the Public Works Department prior to the filing the final map. If the Public Works Department determines that the level of development in the project does not represent sufficient "equivalent value" of $.17 per square foot to perform a 8 significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $.17 per square foot of impervious -surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing of the final map. U. The Public Works Department, Engineering Services Division, has recommended that the property owner of the property at the northwest corner of Bixler Road at State Highway 4 (Subdivision 7679) be conditioned to reimburse the applicant of Subdivision MS 39-91 for any of the road improvements which Subdivision MS 39-91 constructs along the Subdivision 7679 frontages of State Highway 4 and Bixler Road. The property owner of Subdivision 7679 shall also be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision MS 39-91 shall be required to reimburse the owner of Subdivision 7679 for any of the road improvements which the Albers project constructs along the Byron 78 frontages along State Highway 4 and Bixler Road. Subdivision MS 39-91 shall also be required to reimburse the developer or entity which installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. I:f<a:>Craffic:s::U.d: >;In:I.cates a;;si nal;;;ts n:ot<;need;ed with;th s'p�flfect tll;en; Prior to Y ... . 8 the filing of the Parcel Map, the applicant shall contribute 25% of the cost of the signal to a Road Improvement Fee Trust (Fund No. 819200-0800). PFief the need feF a signal at BixIeF Read and Highway 4, and needed, the develepmef:t The Public Works Department, Engineering Services Division, will recommend that the pyo'perty;currer1'y ;desigriaficl;as the proposed Discovery ....... ..::...................:......... ............. . . . . Bay West project, located north of this property, be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for this subdivision, the applicant shall enter into a reimbursement agreement for the work described above. If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 and Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. 9 At least $1,000 or 1 %, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa County Public Works Department, Engineering Services Division for administra- tion costs. r�r,veY totf :CountYr by offer of ddd;cat�osl, 3C�.f et Of rfght;vf waY alvrrg tt�e; rope future: otentr..al :e. te.n:s.on;of .In Cree:k;R ;ad nnrxh.P;;;:P:.:..... P .......... ADVISORY NOTES A. Comply with the requirements of the Sanitary District 19. B. Comply with the requirements of the Byron Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department, Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. F. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant should notify the appropriate district of the Corps, of Engineers to determine if a permit is required. G. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by the Board of Supervisors. H. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency 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. 87-65) as they pertain to future construction of any structures on this property. I. The applicant will be required to pay an environmental review fee of $850 for the Department of Fish and 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. 10 J. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion.and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II or Central Valley-Region V). DD/aa MSXXIII/39-91 C.DD 4/22/93 5/3/93 7/12/93 - EC (a) 11 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3031-92 AND 2968-RZ (Byron 78) AS RECOMMENDED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON JULY 12, 1993 Findings A. The applicant intends to commence construction within two and one-half years from the effective date. B. The planned unit development is consistent with the County General Plan. C. The traffic generated by the proposed development will be obviated by the conditions of approval. CONDITIONS OF APPROVAL General 1 . This application is approved to rezone Parcel A and Parcel B of MS 39-91 to Planned Unit Development and subject to the following conditions. 2. Prior to the issuance of building permits,-the applicant shall submit a detailed TDM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TDM Ordinance). The approved TDM Plan shall be operative prior to final inspection by the Building Inspection Department. 3. Provision of a Child Care Facility, program or contribution 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. 4. Prior to recordation of the map, and following issuance of an Army Corps of Engineers permit, convey to the County by Offer of Dedication grant deed of development rights over the undeveloped portion of Parcel A and all of Parcel D. Seismology Impacts 5. Prior to issuance of a building permit submit a detailed geotechnical exploration and testing of the site soils, including liquefaction analysis for review and approval of the Zoning Administrator. Laboratory testing shall include: A. Strength tests for foundation bearing capacity; B. Sieve and hydrometer analysis for potentially liquefiable soils; C. Atterberg limits testing to evaluate the expansive potential of the surface soils; and 12 D. Consolidation testing to determine the possible settlement potential of the soils, if indicated. Hazardous Materials 6. A. Any service station development proposal involving the use of hazardous materials shall demonstrate compliance with the following regulations: ■ Current state and local building and fire codes regarding the storage of hazardous materials and the adequacy of building design. ■ California Administrative Code, Title 23, Subchapter 16, which includes regulations for underground storage tanks. ■ The project sponsor, developer and/or tenant(s) will be required to obtain all necessary permits from the Department of Health Services and/or Contra Costa County regarding the storage, generation, transportation and handling of hazardous materials. These permits would contain conditions to ensure proper storage, handling of the materials and emergency response plans for accidents. B. Require preparation of an Emergency Response and Spill Prevention Plan at the project approval stage, including provision for accidents during transport of hazardous materials, if use or storage of any hazardous materials is proposed as part of the project. C. Prior to issuance of a building permit, the applicant shall obtain information from PG&E and WAPA on the calculated strengths of the electric and magnetic fields generated by on-site transmission lines. Field strengths shall be identified at the edges of the existing rights-of-way and at 50, 100 and 200 feet from the edges of the rights-of-way. Field strengths should be calculated for a range of loading conditions including average load and maximum anticipated load, and shown on the site plan. D. Prior to issuance of a building permit, the applicant shall develop public informational material on the potential health problems caused by exposure to EMF from all sources, including overhead transmission lines. The public informational packet shall include information about field strengths that could be experienced adjacent to the transmission line easements. The public informational packet should be provided to all future purchasers of the property, and to occupants of structures located adjacent to the existing or any proposed transmission line easements. E. Prior to final occupancy, signs shall be provided at the edge of the rights-of- way of the transmission lines informing the public of the presence of high- voltage transmission lines and the risks to persons with cardiac pacemakers. 13 F. Any metal structures or objects located near transmission line easements shall be grounded to avoid nuisance induction effects such as shocks(experienced upon initial contact). G. If required by the terms of the transmission line easement, prior to issuance of a building permit, project applicant shall secure approval of site plans from P. G. & E. and WAPA. Plans shall meet the requirements listed on Pg. 71 of the EIR as well as any other conditions imposed by P. G. & E. and WAPA. Water and Sewage ,7. Prior to filing the final map provide proof that adequate water and sewage service is available to the site. 8. The project shall be required to expand the District 19 sewage treatment plant to accommodate wastes generated by the project, and to install connections from the project to the plant. 9. The project shall be required to meet the following requirements that are currently imposed by other agencies: A. Sewage disposal will be subject to standards and regulations of the County .......::... saitar:. Public Health De artment. .l:I"serve letter f'or dory est.:c ....a..,..., Y P f ,D 1 a a .:< ru:r: e:<:frorrt hit. ton : sfir�t . 9..5 ......;be.sub .tte: ,to te . g Ad�n[r}isttat�r pr#or to issuance of turldrng perrr �ts for this prt�ject B. Discharge to the river may require a permit from the Regional Water Quality Control Board. C. Precautions relative to hazardous or toxic materials will be required to conform to U. S. Environmental Protection Agency (EPA), State and County regulations on handling of wastes. D. Any underground storage tanks permitted on the site shall be subject to federal, state and local regulations, including (but not limited to) those identified in the drainage and hazardous materials sections of the EIR prepared for this project (pp. 53-64 and 64-70, respectively). Fire 10. A. The applicant shall be required to provide an adequate and reliable water supply for fire protection. The flow required for commercial and industrial building depends on the type of construction and the size of the building: typically, shopping centers require flows of 4,000 gpm, assuming they are sprinkled throughout; required fire flow must be delivered from not more than three hydrants flowing simultaneously while maintaining 20 pounds of residual pressure in the main (Thude, 1987 and McCarthy, 1991 ). .+OCX[tiYl�....i['C.LSC[i['.C:Li[:C'� �acvr..ev.[a[v�..c.[...[..[� .r...•........[...[....��.[....[...r.r�.�_.�..............�.r.......... �................ ............ .. .. .[.[• • .r...,i 1!r.i C:Cit----a«/./v ✓+C.CHYUri 14 B. Structures developed on the property must have built-in fire protection to deliver an acceptable level of protection. This protection must be in the form of approved automatic fire sprinklers. C. The developer shall be required to provide fire hydrants, located not less than every 300 feet. Actual location of the hydrants will be determined by the Fire District upon submittal of two copies of a tentative map or site plan. D. The developer shall also be required to provide Fire District-approved access roadways with all-weather driving surfaces of not less than 20 feet of unobstructed width and not less than 13.5 feet of vertical clearance to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 20 percent grade (this site is flat, so this restriction would not be a constraint); shall have a minimum outside turning radius of 42 feet, and must be capable of supporting imposed loads of fire apparatus (30 tons). Noise 11 . The applicant shall submit detailed noise studies supporting the noise mitigation measures incorporated into the project. The choice of measures shall be based on the character of the specific uses proposed in the context of the noise conditions on and around the site. The following mitigation measures shall be considered within the context of the study; restricting project-related truck traffic on Bixler Road (through appropriate design of access routes into the site), provision of soundwalls/berms and provision of adequate separation between different uses'on the project site, as well as between the project site and adjacent uses. In addition, truck access ways on the site should not be located along the western or eastern project perimeters to minimize truck noise generated on the site. Loading docks should also be located away from existing and planned residential uses. 12. During project construction, the operation of heavy equipment shall be limited to daytime working hours, 8:00 am to 5:00 pm, Monday through Friday, to minimize potential disturbance to adjacent residents. Stationery noise sources shall be located as far as possible from adjacent residences. If they must be located near existing residences, they should be adequately muffled and enclosed within temporary sheds, if possible. Equipment used for project construction shall utilize noise control techniques (equipment redesign, use of silencers, ducts and improved mufflers) in order to minimize construction noise impacts. Dust Control 13. The following dust control requirements shall be included in all construction contracts: 15 A. Suspension of any earthmoving or other dust-producing activities during periods of high winds. B. Provide equipment and personnel for watering of all exposed or disturbed soil surfaces at least twice daily, including weekends and holidays. An appropriate dust palliative or suppressant, added to water before application, should be utilized. C. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. D. Sweep construction area and adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic. E. Limit the speed of all construction vehicles to 15 miles per hour while on site. Air Quality 14. Prior to issuance of a building permit, the applicant shall develop a Transportation Demand Management (TDM) program for the commercial portion of the project as required by the TDM Ordinance. The program should commit to strategies to encourage ride-sharing, bicycling, pedestrian or other non-auto travel modes to reduce the total number of daily vehicle trips to the site. An aggressive TDM program has the potential to reduce daily trips by about 10 to 15 percent and air quality impacts associated with auto use would be reduced proportionally. All signals on SR 4 should be coordinated to reduce vehicle idling. Landscaping 15. Prior to issuance of a building permit, submit revised landscape and irrigation plans in conformance with the water conservation and landscape ordinance for review and approval of the Zoning Administrator. All trees shall be a minimum of 15 gallons and shrubs a minimum of 5 gallons. The trees within the parking lot shall be spaced a minimum of every four parking spaces, and be installed at time of construction. Archaeological 16. 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. 16 17. Prior to issuance of a building permit, submit a sign program for review and approval of the Zoning Administrator. Revisions or alterations to these signs are subject to the review and approval of the Zoning Administrator. A. Individual business sign letters shall be a maximum of 24 inches in height for the "supermarket" and "drugstore"; 18 inches in height for individual businesses. B. One sign per storefront exclusively is permitted. The corner store on Bixler Road may have one sign per frontage. C. At least one suitable directional/center identification sign is permitted for center. The design and height is subject to review and approval of the Zoning Administrator. Design 18. The proposed buildings shall be similar to that shown on submitted plans. 19. Prior to the issuance of a building permit, elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, television aerials, etc., or they shall be screened from view. The building shall be finished in metal, glass, concrete block, stucco and other materials acceptable to the Zoning Administra- tor in conformance with elevations. 20. Final design of the free standing building shall be approved by the Zoning Administrator prior to issuance of building permits. A land use permit may be required to establish the use. Building and landscape plans shall be submitted at least 30 days prior to anticipated request for a building permit. 21. The site lighting shall be designed and/or deflected to shine only onto the site. Site lighting details shall be submitted for the Zoning Administrator's review and approval at least 30 days prior to requesting building permits. 22. No outdoor storage or sales of materials shall be allowed except for charitable events and events approved by the center's merchants association subject to review and approval of the Zoning Administrator. 23. Refuse area shall be properly screened from view. Special attention shall be given towards screening the adjacent properties. Refuse containers shall be large enough to contain waste produced on the site. 17 24. Restaurants shall be allowed not to exceed 15,000 square feet subject to the review and approval of the Zoning Administrator. A parking impact study may be required before the approval of a restaurant. A land use permit will be required if "take-out" food is proposed. 25. A pedestrian plaza area shall be provided between the supermarket/drug store of the retail buildings. The plaza may include: round tree planters with seating, a textured walking surface, shielded, non-glare lighting. 400 to 500 sq. ft. may be useable by a restaurant for outdoor dining area with review and approval of the Zoning Administrator. An alternative proposal may be considered subject to review and approval of the Zoning Administrator. Biological 26. Prior to issuance of a building permit, submit a survey for fairy shrimp, conducted by a qualified invertebrate zoologist for review and approval of the Zoning Administrator. These surveys shall include dip net searches of pond sites through the months of February and March. If surveys indicate that fairy shrimp are present in seasonal pools of the project site, project development should avoid such pools. Alternatively, the project applicant shall develop a wetland restoration plan consistent with the habitat requirements of vernal pool shrimp that meets with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. - 27. Prior to issuance of a building permit, submit a survey for H. curvipes, conducted by a qualified entomologist for review and approval of the Zoning Administrator. These surveys shall be conducted in February and March. If H. curvipes is found to be present in seasonal pools of the project site, develop a wetland restoration plan consistent with the habitat requirements of H. curvipes. Alternatively, the project applicant should develop a wetland restoration plan consistent with the habitat requirements of H. curvipes that meets with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Alternatively, the project applicant shall develop a wetland restoration plan consistent with the habitat requirements of H. curvipes that meet with the approval of the California Department of Fish & Game and the U. S. Fish & Wildlife Service. 28. Prior to issuance of a building permit, submit a survey to assess use of the site by San Joaquin kit fox conducted by a qualified biologist for review and approval of the Zoning Administrator. Coordinate mitigation measures with both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Mitigation measures must include on-site construction measures to prevent "take" of any individuals that may den on the site. At present, lost foraging habitat must be replaced at a three-to-one ratio. As set forth in the staff report, this mitigation measure has been satisfied. 18 29. Prior to issuance of a building permit, submit a preconstruction survey for burrowing owls conducted by a qualified ornithologist to ensure that no owls are buried as a result of construction grading for review and approval of the Zoning Administrator. Should owls occur on the site, then a plan for their relocation shall be drafted and implemented by a qualified ornithologist. 30. Prior to issuance of a building permit, submit a survey for Contra Costa goldfields conducted by a qualified botanist during March and April for review and approval of the Zoning Administrator. If this species is present on the project site, the project should be designed such that all populations, and the vernal pools which provide habitat for them, are avoided. Alternatively, a wetland restoration plan shall be developed, consistent with the requirements of this species, which would permit its reestablishment elsewhere. Indemnification 31 . Pursuant to Government Code Section 66474.9, the applicant (including the subdivider) OF any agent the' f'shall defend, indemnify, and hold harmless the Contra Costa County Community Development Department and its agents, officers, and employees from any claim, action, or processing 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. Road and Drainage 32. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of :the Public Works Department: 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 Bixler Road. ix n r in curb s -foot .: ... .;:; :.. . Co st uct Alan::ass: F ptages>of Pate s A &::... g sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, pavement widening, left-turn lanes for each project access and a half-width median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of all or part of the half-width median island, subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. .........r.,:��.,<•c.::.:,:.�y.......r.....c.....w..�... .�.�c.......+.........�vrcr�✓w-_:.w-...1::.:::.:.:....:....:.:r:.ti:��. ..::.:...:.�..�.............-:....... 19 A!. :<the;::::7ror to es: o:f::::P:arcel:C;;;:;;:Ar ;exc:e: ;tion to;;>t iss>re: ulrerxi:er t<:is ..... 9VA.n:..' . <:<;:':r ' » tl` tit:r....d:;:.:;�rn:.'r.p:uem.erit>:::> ''[:eeman:t:::is:«:ex.0- t: - ;a :ted.;:;P.>Q:.;:.::d b— e.:>.;rr A».>::>; »<>ag >:; . ecuter jjjn 4W. s of>th'e' ''ra :ert< >involvdd''`inSubd . s ct..IVES 39 e'e'OU r::l ng;t {:: R P : .Y: 9 )` :;.,,,,# <>::rrr 1 1 :is uc h v e is as::out d.. v ad:::::...::. t;;303;::;9:.;:.;:to co t .: t:t. e p o.; a.;:.; e.: bo ;e ............................................... ................................... ............................................... A$ r` .;the:)= r tageS;i] : ArCe D :.:Const uctic g pavement:.WJ n.ng:, a 9 .. . fpi :fi0ot rgCk ShOUltler 8titl adequate tranS�t�orla alOn: the f;rpntage vvil3. .:::::::.:.:::::::: >T:he:minimi r al::avid h: o' ; avei satrsf> 'it is<re iti:earzie:nt, :::. ..: .:.... .:.<.;u. :. tot.:. t, f: P .>: .: ent on Y . :::::: q: .:... .. .. ... 5 :er oad a:l;or 9 the::.::.:a : OPIOge s. .aba. eet 2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and: egress fdrom: the access points along the frontage r > R 6:b to;IIi..:er< tadwill satisfy this requirement. In add+ien;-�install eight-feet sidewalk alongthe fFGAtage and to the e� adjaeent te the existing State Highway bridge, subjeet te the Feview ef eendueting eleetFieity. Sidewalk shall be plaeed at least fOUF feet 4 the a ,.h PFE)pese d bus shelteFS Shall be eleaF of the sidewalk a . The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The applicant may sbe l construct a pedestrian nom; trail. to the property to the east, tt; N yr nrfi Dr va; including a pedestrian bridge across KelloggCreek. Th''e€d'i3si' n<arad :loc'atiori afi th:e: 'ed'esLriari tfail 9 ::::::::::.:..:: ..: . .:::::...... ...::.::....p ... . :::. ..:.::::::::::. i . . t3 <t.'vicesnr::D D. P"'b:Ii i:: :> ..k S. :: : .�. h,. r i.: : :au b eqt :tea :.::: :::. tf . : c v s a p rtlXton �:ci�:e. t::..:::: :::::::: : : ..:: :: ::::,. . . ............ ................. . ... <;> ; ::::.:::....::... I'<of>tfe>Zanin Adrnn'istca o tew<;an.:::aPp>rova..::.: . : : : 9 :: t :.: ;:WiM.. je :: :<... ; .g ra ect esl n 11.tdlS:� CC:Ommodate .o..,.e. e.:t pedeSkovemerft.f..qt the public through t( e project from Biicler Road fl the:: pedestnan xrail to the rii:;:::>::>T:1 <:.' :##: .:.:::::r :t itt: ' ::: fa 1>:..... ..:..ri : ': `:.::f 3f ccxvs`r:v< a c M m u.::t e.: .::: e:. a::.:::. .:s..:a::l..fa�q.ctstcupted:.o. :.:.:: ::......... ::;Y: 9 5: ::: a::iitsn'c©ndict�rig rn ,, be pope tY :graur�ded te.:16r. vent the. railing$fro onduct g e ept c ty. .a t r�ar>ce t� .;the br£dr e and tra,l wibst O.fthe:ti:ridge shat be ,per armed by the developer Maintenance df.:tha trail east of tFte.b dge s a be by t e b�scovery Bay community ............... ................ . ............... ............... ................. .............. .: .....:.. . he.<e (cant:>:st IV:iiw:ork wtth;:the;;Drscover: ;;;;Ba c;om;rn;un:[x ; such as. .�;;;.;:... ; .., ; Y . Y Y .:.. .: ... theti:S.CQv;er::y: ay:;:;..:.;un .r'pa.::;iA:dvtSOry Co: i :c1: an:d;:tf?e<: t:.o: .: rt. :'::c:w:n:er .:.::.::::::.::. .:::. : :..::::.:::.. ::....... ........::.::.::. P p.::: Y. . R::: .......... ....... .... to.> t e ;east o the,. ocat on of tie pedestrian ;c:onnecti.On to; the btSCOver. Bay comrrtuntty east of Kellogg Creek, and coor mate with ...r..:•....•.'.-::.:.:_.:.:.:-.:.:.:...:...:.�_:.._..moi.:.......:.•........:i:.:....::.:.:.,.'...._�_.....:.:�.e........_.....t.Lv..2...:.<.: ....r.r.....r r.,.... ............a r�_��.............. .. ._... .__....—__...... 20 the State ar►d Federal reg tl;a er:y agencies qn routing;fh.. pedestr e'n t aii ..... iietvr.een tercel g and ;Kellog Creek .. th tFa+l nthe-easy-side-of the-eFeel then th B�turF}e�f6r�rru—r -e �r�c waived. if a't erne:>flf �ssuan.ce:;::of::bufl:d:tr+ ;; erm�ts for;:Pa;rcet C' off;ten ;year;s;after; 9 p:'.:.: l :i: 'h :v r:>si f lid : :f:::::t#te': arce aA< : c.: s::t:::.e ongest .t . e..:p.app v. i. :: : ......;nfl) :»> :;.;::;<:t: ,;::;.>:: is :' f>Kelto C.eek.can.. rr hts:or<e:a:seme:nts:;f;.o:r<the tragi .qq<U a easL:s a o.. ; ;:. .;:1�.9...:.. ::::::::::: .: :.:... .>:: n ::::.:h ::Desc va:�: >Ba:::Munici 1:::Advisor:':C:ouriG:;l . s i. bs;t bt :r..::.etl; :.;:<d:.:{.......:«<.::.:::;,;'. v Y.:; :::. p::< . .........................;. <: :'e'd a f'easeble>trail<roc to;;t en;:t.:a ontn minrste6tor may wa t:e tde..ntifr ....... .......... . 9:::: n :.: tti «' i: ':e: a d "'`''i i' r `'. . t t 8 The State Highway 4 transition to the west of Bixler Road shall include ...:.:..:..::.: a right turn acceleration lane from Bixler Road to Highway 4, 90me;t:to n,' w. r' w n h r:;'.::.:'.:;r e .. f' >fr n e o e e n<>: :r` rr� to .. a.. e seme:::<fi, <:>e<:<::><� �;.: � g : :p o : Y ;;;;.;; . front: > 'r:o':;:erty>a nerA y.1. p. P ......:......:........................ ........ If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on the Creek. The proposed right of way width for State Highway 4 is 126 feet, and the required right of way width for Kellogg Creek will be at least 100 feet. 3) Installing street lights on Bixler Road and Highway 4 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 Department, Engineering Services D.. .... ....i.....v......i...s........i....o.. ......n........ Tire. t . :'::fi hts> lc r1 P tCe1<:C::C: rs>::.::.e:;:tnC.:ude.:;:;yr :t. e;:. :.:Eer: . A.M..p.�ov... .M far:::Parcel;:C >:::StreEt lt:ht&zre; ogre: uiced;alori ;xt3e#r:t;r ta: e agree er : ;:.:::::.::.::::.;;......::::::.: : a 9 9 . of ret> 4) Undergrounding of all utility distribution facilities, including the existing distribution ............ac' ss along the Highway 4 and Bixler Road .................. .................. r "` «'<``frorifia e of P:aTCei;D;: frontages, Bi t; ::'�.;:.;3:;fi p.—;f-r ;:.t ;:: 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 design standards of the Public Works Department. 21 Th.e.::<t�.ntati:ve::::m:a:.; ind.tcates.:::a:ib arl::Aa.;;.d:..ischat e..;:conc:e:nt:rate.:' tar p::..::;:.;:.;:............. p:.;;:.;::: 9: r:. K tl: Cr:eek>::v.i.a>::ar�::::ex stfn. :<:o :ert ::d.r:atna. e::A tekt:::a:l. i>n.. . . ..:.�:.: ...: etweeri<Perce s:; >; e: ause t;;' tc.::: as<a»rnan=J..: e .::.::.:::::.....: ::r ' . Ft:' >>">: Ii' 'n '11 tl<t;ot>a t r w: t .c.ou se,. a a.pp:.:ca t ;;;;be :e.qu;<ed t Y ver fy :its adequacy under the requir8rnents f Titfe 9. If the ditch trlvAyang; StOrtfj dreir�8ge firAm this. {irthpettY aISA:-cArtveys irtg: tipr> . ...:. . d:�strtat:w:ater then::the::h;;c ra:ulic;an.al:.;sis for the:ditch m.ust;con k er Che . ..y y .: r:> I< Aril>:f ::;;: >wq ' 'r:::rn 5 otratuedurtn >;the.>uvet .: to o t.:s ..::o..: Lada t0. p ;;;�v; J ; t:::shal[]ciedirate::>the:::c.orres ondirt :::rr ht. v# ;vva:`. ever;;th;e n �.r ::>f .n h::::::;f::::#:h.a: i:tCh:<:::t.o::::a;: u.b{rc:::.e:nttfi:.<:::>w:hi:Gh::W0U. ::a5:s:u a»t.;.e e:t.;; ;; :;gt . �:<. y..: .;:<.«.;.:. . matn::enaner:r:es onstb:tlit: >:a.ve.tAhe itch The Qrrunt: ;<w;ll;l ;ox t ..k 0 ::..;x : : ::::. ,;;;;;,;,;;;,;;,;:.;;Y;:.; ;. . . .::::: . ...::.: Y . . ..... ;`: sup. -t :h':,.�;:.: >I..:. <:.; ;::inti ril :. xi t thQ:::rtl:arnt2rlar�:C.a'4f:ith S f :Giii Y:uess....t:::eq :.:St::::: :d.:::e: :::5a.A.e.CB0::::::::.0 .::::..............................::::.....................:::{.f..::::::...:::::::::::::::.:...........:::............... r oaf 'tt <# EIIa ` :.>�feek�>:>:ff: r MAO art::>u.rider rflurld>ct�l..v:ert>:fr:o >B:ixLe ::R.... ..,..:...:..... . .:..8.9 .: F. :::: . .::: .::::: r':.:>n rt :i > >t'. t ........ ....... fil:ir5 ::t01 k;e :arC:el;n a :;it:h:e:sm`a q e.::: .:::C .:e:..t::tY: :::a.s: o:.::..b...aa..:::::.:Q:t .: ad... �� p ;:<p.;:.;: .: .:: ::.. macnts:nanc.e::;at>the;:dtt.c# steal be:cie:terrr'ie'd `rio'r Chien>the<cl:es#:<n<a>1;d,: ::::: ::::::: ::: iii: °><s.h>.... ::..:.. ....i `` f:.r ..... ..... 1�>:::h >ir rti . lc :. :ertt:tS:..::o.....::a.:C.a.::,.::..:.:::::.::::::tE.::::.::te:::::::::,:::t.::: h,:.: . Ji Iic nt r iridin t .e..a a. a: Itcant; ;rn;a:: >< rlvatEly;>;matnta�n tfje:,d,tctl ..;p q g P.P::::. . . . . .... .. ... ri :..:.: . exp:cute;::>:a ::ma..rnte:rn�;n:ca: ree� enu:.a.n..:;>posti:ap:p. oA.::.at�.. ;se.c...u..::t.Y::.Lo 9 >�< fe'ditc assure:;m:a:fnterf:anc;e o...t 6) Verifying that all finished floor elevations are above the 100-year flood elevation. - 7) 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. 8) Submitting a Parcel Map prepared by a registered civil engineering or licensed land surveyor. B. This project shall comply with the provisions of the Byron 78 General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: 1) Contribute this project's "fair share" amount towardfiF1e: fa;l;l.`p<wfng areawide improvements: s,�as: a. The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b. Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Discovery Bay Boulevard. 22 C. Widening Highway 4 to four lanes north of Mash Creek Road and east of 13+ 4er-#ead- D;scovery Bay:Boule:.varc1: d. Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the areawide road system shall consist of construction of the recommended Highway 4 improvements enue:r:ated :a:b`o:ue>as::A2 :'A::3;.;an:d:.>A:4;� alongthe frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from :Pr t:> fl.sr<> P ri: tM }:e:<'a.::IC: rt future impacting developments. p.:;:t.dae, ap: : : .:.Ap, . . rn�t:::::>a:>traffxe:>:stud><>::;based:>::u.p.on::>b � rlo.ut flf,.; . . . F.. :P:::::::::: : Y .. . . #' e e 0 0 l:e:ut:o. :mend.evV :0.p.:. et::ot :;a.:::ea::b:.y.::..:::.:.:.v.;: .::.;:.;;; :::.:.. ... .. I nnhe:;:::ne <for:. d. tm;e.<flf: ;; he:traffic: nal: addition, prior to filing the Parcel Map, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection. OR the ............... ameunt f 1 9°; of the ^ gnalizat eR eest shall be required. The:;:<fai.r h: r e hate arnaur�t> sl all;;b:e;;;de.... ine. b a traff .. st .... flecti .g $: :: : y :: ...; t>> :>ariCr.:eaeak>;fi.4u.r.:tr:af;f;isC:ver.s:u's:the:com:ul'ative. nc;rea'Se::in ... .... ..... ... . ... eak;hour::;t:r:a;ff;�e; enerated;th.. ...... ;e:<i ter.se:ction. g.. ....... ......... ............ .. ...: .... . 2) Provide for maintenance access for Kellogg Creek along the easterly boundary of the property, subject to the review and approval of the Public Works Department. C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. All widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right- of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Parcel Map. D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide for bus pull-outs and covered bus shelters at locations designated by the Tri-Delta Transit Authority, subject to the review of the Public Works and Caltrans, and subject to the review and approval of the Zoning Administrator. P. destr.:ra <:f:ac�l�t�;e;5;:shelf:;be;:pr;0vided #tom:;the p....le;;to::the bvs s;to'p, 23 F. Provide at.least fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road intersection, subject to the review of Caltrans and the Public Works Department and subject to the review and approval of the Zoning Administrator. G. Install a traffic signal interconnection between the traffic signal at the Bixler Road/State Highway 4 intersection and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject to the review and approval of the Public Works Department and Caltrans. ;iitereoir;e ;ton ............:.:... ................ ; 1:cro,auye;techr:oto.gY �fi a Iv�nr.e:d,.by..Caltrn5, pa:r.t:af the::sign .... .ion of the intersection of Bi;xler Roar.. arjd State Highway;4 and itl;U.0' Br.t:S.1.0.i::b.�;i�,;th.�.sa...:.:E. ee...:c�P:s.c.:.:be...d..for.the in.te;rsec.t onw.pr.. H. eemmeFe4al site—aeeese, and Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. I. Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area.. J. Provide for adequate corner sight distance based on a design speed of 55 miles per hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 in accordance with CALTRANS standards. K. Reiinquish abutteF'S f.;.:..:.:..:.............`:... ..::.:::: ... Re' trt' a. .e: . ` ; . ... ...... ::: the dB oadsS :Hiny. t : : : ........... � > : rone:. A 1:0 CulrEturn Access openings will bes9P ..: ....... ..f .;:;:;;;; : allowed as shown on the tentative map or as modified by these conditions of approval, ................................................... r ti to a re'ss: ells' :Creek:; L. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. Plans for improvements on Highway 4 must be approved by Caltrans prior to the filing of the Parcel Map. M. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. N. The Bixler Road accesses shall al+gR-wi+th be c.. ......... tl with those of the Albers project to the west, subject to the review and approval of the Public Works Department. 0. Physically restrict the accesses along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of Caltrans. Eliminate the ^rite• . Only two entrances to Highway 4 shall be allowed, exctucdin : e a ntenance access to:>Kel#o` Creek; 9 .. :. . . .. ,.. 99 24 P. The applicant shall contribute $17.26 peF—siRgle family nit and $1 .55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit, if building permits are issued prior to adoption of a new Delta Expressway fee ordinance. If the proposed Delta Expressway fee ordinance is adopted prior to issuance of building permits, the applicant shall instead be responsible for payment of the adopted fe. Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler road, not State Highway 4. R. 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 of 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 interests in accordance with Section 66462 and Section 66462.5 of the Subdivision Map Act. - S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Parcel Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. T. Construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created by this project. This scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg Creek shall be reviewed by the Public Works Department prior to the filing the final map. If the Public Works Department determines that the level of development in the project does not represent sufficient "equivalent value" of $.17 per square foot to perform a 25 significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $.1-7 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing of the final map. U. The Public Works Department, Engineering Services Division, has recommended that the property owner of the property at the northwest corner of Bixler Road at State Highway 4 (Subdivision 7679) be conditioned to reimburse the applicant of Subdivision MS 39-91 for any of the road improvements which Subdivision MS 39-91 constructs along the Subdivision 7679 frontages of State Highway 4 and Bixler Road. The property owner of Subdivision 7679 shall also be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision MS 39-91 shall be required to reimburse the owner of Subdivision 7679 for any of the road improvements which the Albers project constructs along the Byron 78 frontages along State Highway 4 and Bixler Road. Subdivision MS 39-91 shall also be required to reimburse the developer or entity which installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic. signal. If a traffiQ A' dy:nc I axes a signal >s not deeded with this protect then; prior to ........ .. .......................... .............. the filing of the Parcel Map, the applicant shall contribute 25% of the cost of the signal to a Road Improvement Fee Trust (Fund No. 819200-0800). Pfief the need feF a signal at BixleF Read and Highwa 41, anpdl needed, the develepeF shall install the signal, subjeet te FeimbWsement 46M subsequent The Public Works Department, Engineering Services Division, will recommend that the j~ prt< 'Cur . #,,y„des.g afi4tlt e proposed Discovery Bay West project, located north of this property, be required to reimburse the developer or entity that installs the Bixler Road-State Highway 4 traffic signal the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for this subdivision, the applicant shall enter into a reimbursement agreement for the work described above. If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 and Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. _-_...f.......�.....-.� [•J.+...._....._.c................•...._r..r.r._....�.:•4:r....r.c....»......:::C.L:L:a::..........::V_:L:L.L-:.�t:l:<:[:,1..c.c.•.r..._.....��.•...•.•.........•.....w.•..._ ..._.•_... .. ... .. .-. 26 At least $1 ,000 or 1 %, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa County Public Works Department, Engineering Services Division for administra- tion costs. f; .:.:..: i...ri:' f:6 ::h:.:> f vii:...... lbh : �: f: o Q e t0 � o t : >: anv.�: >:to::fhe;:;C: fi. :�:::: .y:o:: .r..: .:da. ..ca.t.... , 3..::fe: t.p. : :9 y:.::: . .................................. ... ..: :.. ... . . .: .: ..: ::.. . . ...... r<the:future :o`tential:extensf.or 'o; Marsh:> be >ROad rlrth : :ro ert: <;Itne<: p ;.::.: :::::::,:. P::: . ::: P �.::V Y.:::::::::...................................... .......... ...................... .................... ........ ....... ADVISORY NOTES A. Comply with the requirements of the Sanitary District 19. B. Comply with the requirements of the Byron Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. F. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required. G. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by the Board of Supervisors. H. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency 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. 87-65) as they pertain to future construction of any structures on this property. 1. The applicant will be required to pay an environmental review fee of $850 for the. Department of Fish and 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. 27 J. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II or Central Valley-Region V). DD/aa MSXXIII/39-91 C.DD 4/22/93 5/3/93 7/12/93 - EC (a) Agenda Item#2, #3 & #4 Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, JULY 12, 1993 - 7:00 P.M. I. INTRODUCTION MILANO SURVEYING (Applicant)-TONY UJDAR (Owner), County File#2968-RZ: The applicant requests approval to rezone approximately 16.7 acres from Heavy Agricultural District (A-3) to Planned Unit Development (P-1) for a 10.37 acre retail site with approximately a 107,570 square feet of retail business floor space and a 0.8 acre service station. Approximately 6.3 acres will remain undeveloped. MILANO SURVEYING (Applicant) -TONY UJDAR (Owner), County File #3031-91: The applicant requests approval of a final development plan for a 10.37 acre retail site with approximately 107,570 square feet of retail business space on Parcel B. MILANO SURVEYING (Applicant) - TONY UJDAR (Owner), County File #MS 39-91 : The applicant requests approval to subdivide 78 acres into four parcels; Parcel A 0.8 acres, Parcel B 16.7 acres, Parcel C 12.0 acres, and Parcel D 44.9 acres. Subject property for the above referenced projects are described as approximately 78 acres located at the northeast corner of State Highway 4 and Bixler Road, in the Discovery Bay/Byron area. (A-3) (ZA: P-28) (CT. 3040.00) (Parcel #011-220-022). This item was continued at the request of the applicant in order to respond to the Board's request that its hearing on the Byron 78 General Plan Amendment ("GPA") be scheduled prior to the Commission's hearing. The Board of Supervisors heard the Byron 78 GPA on June 15, 1993 and continued its decision on the matter to allow the East County Regional Planning Commission time to make a recommendation to the Board on the related applications. Staff's recommendation has not been modified since the original May 2, 1992 staff report. II. RECOMMENDATION Staff recommends that the East County Regional Planning Commission ("ECRPC") adopt a resolution recommending that the Board of Supervisors approve 2968-RZ, rezoning and Final Development Plan 3031-91 subject to the attached conditions. Staff further recommends that the ECRPC approve MS 39-91 subject to the conditions of approval and contingent on the Board's approval of 2968-RZ. III. GENERAL INFORMATION A. General Plan: A_General..Plan. Amendment, County File #5-90-EC, has been filed with the Department and subsequently on February - 1; 1993; the Commission recommended approval to the Board of Supervisors. The amendment would modify the existing General Plan from Agricultural Lands to Commercial and Office/Professional. B. Zoning: The site is presently zoned Heavy Agricultural District (A-3). Application 2968-RZ proposes to rezone the subject property to Planned Unit District (P-1). C. CEQA Status: An Environmental Impact Report ("EIR") has been prepared and deemed adequate by the Commission on October 26, 1992. D. Environs: The project site is located in the unincorporated Byron/Discovery Bay area of Eastern Contra Costa County. State Route 4 ("SR 4") provides for regional access to the site. The site is approximately 30 miles east of Concord and 20 miles west of Stockton. Further to the northwest are located the Cities of Brentwood, Pittsburg and Antioch, and the unincorporated community of Oakley. The site is located on the northeast corner of the intersection of Highway 4 and Bixler Road. The site is approximately one and one-half miles west of the Discovery Bay community on Highway 4 and approximately five miles southwest of the City of Brentwood, and one-half mile east of the Byron Highway/Highway 4 intersection. The unincorporated community of Byron is approximately three miles southwest of the site. E. Site Characteristics: The 7,8 acre site is generally level, currently vacant and has historically been used for grazing activities. A drainage canal traverses the property west to east approximately 750 feet north of Highway 4. The Storie Index for the site is Grade 5, which indicates poor suitability for intensive farming because of drainage problems and soil alkalinity. V. BACKGROUND The proposed project has been downsized considerably from the proposal discussed in the EIR. The original proposal included .a light-industrial complex in the northwest corner, boat/recreational vehicle storage under the P.G. & E. transmission lines and along the northern property line, and a third anchor tenant at the southeast corner. A preliminary survey for jurisdictional wetlands was conducted on the project site on January 28, 1992. Wetland vegetation was observed growing over much of the site requiring further assessment. A wetland delineation concluded 33.7 acres of the site met the technical criteria of jurisdictional wetlands of the United States. This finding of jurisdictional wetlands necessitated down-sizing the project. 3 The.current proposal includes_commercial and office and professional uses south of the drainage canal with retention of 42 acres in agricultural uses to the north. The retention of the 42 acres will provide the necessary area for wetlands mitigation and ensure consistency with the Contra Costa County's 65/35 Land Preservation Plan requirements. VI. BIOLOGICAL CONCERNS Army Corps of Engineers: The applicant is seeking approval of a Nationwide Permit, a form of a general permit, which authorizes a category of activities throughout the nation. The particular category the applicant is attempting to comply with is single projects of less than 10 cubic yards of fill. The applicant has indicated the proposed project will have less than 10 cubic yards of fill and would potentially qualify for the Nationwide Permit. The Corps has verified the presence of 33.7 acres of wetlands on the subject property, and has had pre-application conferences with the applicant to discuss their concerns. To attempt to comply with the 404 guidelines of the Corps, the applicant presented a proposal to the Corps which showed a project constructed on the upland portion of the site approximately 1 ,000 feet north of Highway 4. The upland proposal technically complies with the Corps' requirements to avoid and/or minimize impacts on wetlands. However, from a marketing/financial point this proposal may be unfeasible due to lack of highway visibility and access. Biological Studies: The Environmental Impact Report prepared for the project requires field surveys be conducted to determine if Fairy Shrimp, Curve-Foot Hygrotis Diving Beetle, California Tiger Salamander, Contra Costa Goldfields and San Joaquin Kit Fox are present on the subject property. The studies, with the exception of San Joaquin kit fox, are to be conducted between the months of February and April. The biological surveys are ongoing and will be completed by the end of April. Of the four species surveyed so, far, only the Fairy Shrimp has been found inhabiting the seasonal pools. Upon completion of the surveys, the mitigation measures within the EIR require that the project be designed to avoid all seasonal and/or vernal pools or preparation of a wetlands restoration plan. The surveys for the San Joaquin Kit Fox have been conducted. The study concluded that adequate habitat for the Kit Fox is not present on the subject property and no foxes were trapped during the surveys. VII. STAFF ANALYSIS A. Preliminary Development Plan/Rezoning: The applicant is requesting to rezone 16.7 acres (proposed Parcel B) and 0.8 acres (proposed Parcel A) from A-3 to P-1 for the purpose of commercial uses and a service station, respectively. The site is currently zoned A-3 with a General Plan designation of Agricultural Lands, allowing the property to be ultimately subdivided into five acre parcels. 4 The requested rezoning is necessary to develop the site under the proposed General Plan designation of "Commercial". There is no request for a rezon- ing/preliminary development plan approval for Parcel C. Parcel D is proposed for wetland mitigation area. Findings of Economic Viability: Section 84-66.1406 of the County Code ("Evaluations") requires that a finding be made to determine that the proposed project will not have an adverse effect upon adjacent or surrounding develop- ment. The project currently proposed to the west includes a commercial center comparable to that proposed.by the applicant. A market study was prepared on January 23, 1993 by Thompson &Associates to determine the viability of a commercial center in the Byron/Discovery Bay area. The study submitted by the applicant determined that only one such center could be supported through the year 1998 with no future projections. In addition, Thompson & Associates prepared a study December 10, 1992 for the Albers project to the west. The study addressed current competition, but failed to consider competing approved and proposed projects in the market area. Staff recognizes that the Byron/Discovery Bay market will only bear one such center in the foreseeable future. Due to a lack of sufficient market support (i.e., disposable income devoted to the proposed mix of retail sales opportuni- ties), it is unlikely that both centers would be constructed for the foreseeable future. B. Final Development Plan: 1) Project Design: The commercial development will be an inter-connected single story shopping complex containing approximately 107,570 square feet of leasable floor area to include a market (grocery store), a drug store and some retail shops and the potential for a/some small restau- rants. A proposed gas station (to be considered under a future land use permit/development plan) and one pad are located on the southern portion of the property. The development would be proposed in two phases due to the sequence of project approvals, the market, drugstore and retail, followed by the outer pad and gas station. 2) Development Standards: The project generally conforms to develop- ment standards concerned with architectural themes, landscaping and access. The proposed project will mimic the "nautical theme" of the adjacent Discovery Bay community to the east, of blue metal roofs and lighthouse architecture. A substantial buffer (wetlands mitigation area) is provided to the north and east to minimize impacts on the existing and future residents of the area. The landscaping as proposed along Highway 4 does not meet the requirements of the Water Conservation and Landscape Ordinance. Turf is proposed within areas which are not 5 considered ."useable" play area. In addition, a limited tree plant- ing/canopy one tree every five parking spaces is proposed, which is roughly one tree every 100 feet. To increase the tree canopy of the site, staff recommends one tree for every four parking spaces. Due to the excess parking provided, the additional trees could be accom- modated. If planted at the time of construction, these trees should attain a significant height and fullness to provide an adequate canopy. Revised landscape plans will be required as a condition of project approval. The sign program proposed by the applicant requires further consider- ation. Signs along the facade of the retail buildings may detract from the cohesiveness and attractiveness of the whole center. A specific sign control program is needed to ensure that overall attractiveness is maintained. Enforced uniformity in size, shape, location and color is one means to meet these goals. A sign program and any subsequent modifications shall be subject to review and approval of the Zoning Administrator. 3) Project Design: The buildings proposed for the site are typical square or rectangular buildings in a rectangular orientation. They are large buildings with no proposed visual relief from the structures or mass. Staff is recommending the provision for a pedestrian plaza between the "grocery store" and "drugstore" to "break up" or vary the design of the buildings. It is recommended that the pedestrian plaza be curvilinear in design with textured pavement and care in landscaping. Included in this area could be round planters with trees and space for outdoor seating, with sensitivity given to the lighting and trash disposal. At least 5,000 square feet is needed with some space reserved for outdoor dining. An alternative proposal could be considered with the final design subject to review and approval of the Zoning Administrator. C. Minor Subdivision: 1) Project Design: The applicant is requesting to subdivide the site into four parcels. The parcels will range in size from 0.8 acres to 44.9 acres. Proposed Parcels A, B and C will be used for non-residential purposes with proposed Parcel D as a wetlands creation/enhancement area. The applicant will be required to negotiate the wetland mitigation with State and Federal regulatory agencies. 2) Staff Analysis: Approval of the proposed subdivision would be contingent on approval of rezoning Parcels A and B to P-1. Generally, the proposal meets the requirements of the General Plan as amended and is consistent with the other related planning applications. 6 VIII. ROAD AND DRAINAGE CONSIDERATIONS The attached conditions of approval based on the February, 1992 tentative map include road and drainage requirements. The applicant should be fully aware of the County Subdivision Ordinance Code requirements as they pertain to this development. DD/aa MSXXIII/39-91.DD 4/22/93 6/28/93 AUG 12 '93 12:39P[9 MO FO WALNUT CREEK P MORRISON &FOERSTER SAN FRANCISCO ATTORNEYS AT LAW NEW YORK LOS ANGELES WASHINGTON, D.C. SACRAMENTO PLEASE RESPOND TO: DENVER ORANGE COUNTY R O. BOX 8130 LONDON PALO ALTO WALNUT CREEK, CA 94596.6130 -BRUSSELS SEATTLE -- HONG KONG 101 YGNACIO VALLEY ROAD,SUTM 450 TOKYO WALNUT CREEK, CA 94596-4095 TELEPHONE (510)295-3300 DIRECT DIAL NUMBER nLEFACSRAME (510)946.912 August 12, 1993 (510) .295-3319 VIA FACSSMILE The Honorable Tom Torlakson, Chair and Members of the Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Decision on Byron 78 General Plan Amendment (#5-90-EC) and Hearing on Rezoning Application (#2968-PZ) , Minor Subdivision (39-91) and Final Development Plan (3031-91) - Auaust 17, 193 Dear Tom! on behalf of our client, the Byron 78 partnership ("Byron 78") , we are writing to request the Board's approval of Byron 78 's request for a general plan amendment covering its 78-acre site near Discovery Bay (the "GPA") . The GPA would change the site ' s Agricultural designation to Commercial (21 acres) and office/Professional (13 acres) . The remaining 45 acres of the site would retain an Agricultural designation. We also request your approval of (i) a rezoning of approximately 16. 7 acres of the site from heavy agriculture (A-3) to planned unit development (P-1) , (ii) preliminary and final development plans covering the P- 1 area and (iii) a minor subdivision/vesting tentative map. The East County Planning Commission (the "Commission") has recommended unanimously that the Board of Supervisors issue these approvals . As you know, the Board held a public hearing on the GPA on May 4, 1993 and deferred its decision until after the Commission ' s recommendation on the other project approvals , on dune 15, 1993 the Board discussed the project and made recommendations to the Commission regarding several policy ........... ....... AUG 12 193 12:.40PM MO FO WALNUT CREEK R.3,/5 MORRISON & FOERSTER The Honorable Tom Torlakson, Chair August 12, 1993 Page Two On June 15, 1993 the Board discussed the project and made recommendations to the Commission regarding several policy issues, including child care, trail access and a proposed extension of Marsh Creek Road to Discovery Bay. On that date the Board received a staff report on the status of issues related to the development of the Byron 78 site and certain other property owned or controlled by Lucia Albers ("Alberts") and Centex Real Estate Corp. ("Centex") We are pleased to report that all of these issues have been addressed, as follows : (i) Albers/Centex Yseueg . We informed -the Board on June 21, 1993 that Byron 78, Albers and Centex had reached agreement on matters related to the development of their respective properties . As a result of that agreement, Byron 78 ' s proposed shopping center will, with the Board' s approval, serve both the Discovery Bay community and the residential community being planned by Albers and Centex. (ii). Other Policy lssu.es. Regarding the Board' s interest in the other policy matters described above, County staff and the Commission have addressed these issues in their recommended conditions of approval for the Project (the "Project Conditions") . The Project Conditions have been incorporated into the Mitigation Monitoring Program before the Board, together with various mitigation measures from the EYR. The Commission has made the following recommendations, among others: • The Project should provide pedestrian access to the Discovery Bay community, including a pedestrian bridge over Kellogg Creek; • Byron 78 should dedicate a right of way (along the northerly boundary of the property) for the extension of Marsh Creek Road to the Discovery Bay community; • Byron 78 should satisfy the County' s requirements regarding childcare facilities; and • To address community concerns regarding water and sewer service to the Project Site, a "will--serve" letter from Sanitation District 19 must be provided prior to ♦ .. `----___----_ -- -.. .. .._ AUG 12 '93 12:41PIl MO FO WALNUT CREEK p 4/5 MORRTSON & . oERSTER The Honorable Tom Torlakson, Chair August 12, 1993 Page Three - issuance of a building permit for the Project. To this end, Byron 78 has begun to work with Albers and Centex to fund a study for expansion of Sanitation District 19 facilities. (iia.) Vegetation and Wildlife. Byron 78 has completed its many studies of potential impacts on vegetation and wildlife. As indicated in the biological analysis prepared by LSA Associates, Inc. , only one sensitive species (Vernal Pool Fairy Shrimp) now uses the project site as habitat. Although this species is not protected by state or federal law, Byron 78 will mitigate impacts on this species in connection with its wetlands mitigation plan. According to LSA, fairy shrimp habitat is not difficult to replace. In fact, fairy shrimp now occupy depressions on the project site inadvertently made by recent human activity (e.g. , PG&E placement of a natural gas line) . As you know, to avoid and minimize wetlands-related impacts on the project: site, the Project has been scaled down dramatically (from 78 acres to 33 acres) . In fact, Byron 78 will be seeking the Army Corps ' approval of a Nationwide 26 permit for the shopping center, which may be issued for projects resulting in less than ten acres of fill . To compensate for the small amount of fill required for the project, Byron 78 has agreed to set aside approximately 45 acres of the project site as a wetlands mitigation area. Existing, wetlands in this area will be preserved, and Byron 78 will undertake to enhance the biological value of this area by creating new wetlands and wildlife habitat . Byron 78 has held several meetings with the Corps, EPA and the Fish and wildlife Service to develop plans for this area, and we understand that County staff has been in contact with these agencies to communicate the County' s planning goals. No building permit will be issued for the project until all regulatory approvals have been received. we hope that you will approve the Project knowing that it will provide good benefits to the Discovery Bay community. Byron 78 's investment in the process and in this Project has been considerable over the last six to seven years, including two EIRE and numerous public hearings and additional studies. The community has indicated its desire AUG 12 '93 13'41PP1 NO FU WALNUT CREEK P.5/5 MORRISON &FOERSTER The Honorable Tom Torl.akson, Chair August 12, 1993 Page Four for this Project . We would appreciate your approval . Thank you. Sincerely, Karen Bowers Policy Analyst KB :abm Enclosure CC : Clerk of the Board ' R. Clark Morrison, Esq. David A. Gold, Esq. 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