HomeMy WebLinkAboutMINUTES - 07091996 - D5 A 5
Contra
TO: BOARD OF SUPERVISORSCosta
County
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: July 9, 1996
SUBJECT: DECISION ON REMAINDER OF THE HOFMANN DISCOVERY BAY WEST PROJECT,
REZONING FILE #2963-RZ TO REZONE THE REMAINDER OF THE 756.19 ± ACRE
SITE TO PLANNED UNIT DISTRICT FOR 1, 676 ADDITIONAL RESIDENTIAL UNITS
FOR VILLAGES II, III AND IV OF THE DEVELOPMENT, COMMERCIAL RECREATIONAL
CENTER, A SENIOR HOUSING VILLAGE, MARINA, LAKES, OPEN SPACE AREAS,
TRAILS AND OTHER LANDSCAPED AREAS.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 Accept as adequate and in compliance with CEQA thepreviously
certified Final Environmental Impact Report and Addendum.
2 . Approve Rezoning #2963-RZ (Villages II, III and IV) along with
the preliminary development plan, subject to conditions as
recommended by the East County Regional Planning commission
and as amended (Attachment A) .
3. Adopt the Final EIR and Addendum and CEQA Findings (Previously
provided as Attachment B to the May 21, 1996 Board Order) and
approve the related Mitigation Monitoring Program (Attachment
to the May 21, 1996 Board order) as modified in attachments B
and C attached here to.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD,: COi6�TEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Jifl3Z 91 1996 APPROVED AS RECOMMENDED H OTHER
See Addendum for Board action.
VOTE Or SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES:-1.4,5,2 NOES:3 ACTION TAKEN AND ENTERED ON THE
ABSENT:- - ABSTAIN: - MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Art Beresford 335-1212
Orig: Community Development Department ATTESTED- July 9, 1996
cc: Hofmann Company PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Sheriff-Coroner ANDUN7ADMIIfTRATOR
Public Works Department
V
Discovery Bay MAC BY rtAIM1-44-1
Byron MAC DEPUTY
Knightsen Town Council
East Bay Municipal Utility District
Health Services Department
Hazardous Materials Division
East County Regional Planning Commission
East Contra Costa Irrigation District
Byron-Bethany Irrigation District
East Bay Regional Park District
AB/df
�• S
Page Two
4. Adopt the East County Regional Planning Commission's Findings
as set forth in Resolution #14-1995 as basis for the Board's
determination for this action.
5. Introduce Ordinance giving effect to the aforesaid rezoning,
waive reading and set date for adoption of same.
6. Direct Staff to post the Notice of Determination with the
County Clerk and the Govenor's Office of Planning and Research
for the above actions.
FISCAL IMPACT
Covered by Developer fees.
BACKGROUNDJREASONS FOR RECOMMENDATIONS
On May 23, 1995 the Board closed the hearing on 2963-RZ (Discovery
Bay West) and directed staff to prepare final documentation for the
rezoning project.
Staff has prepared Revised Conditions of Approval for the remainder
of #2963-RZ (Attachment A) . References to requirements for Village
I have been deleted as that area has already been approved for
Rezoning to P-1.
Also, the Contra Costa County Flood Control and Water Conservation
District has requested that reference to their Agency be deleted on
pages 3 , 4 and 85 of the Mitigation Monitoring Program. This
reference was in error. Contra Costa County Public Works
Department would be the monitoring Agency in this case. Staff has
no objections to these requested changes. to the Mitigation
Monitoring Program (the changes are detailed in Attachment C) .
The CEQA Findings need slight changes so that they no longer refer
to Village I only. On Page 5 of the CEQA Findings, 3rd paragraph,
the section of the first sentence "and is the only phase that is
rezoned at this time," should be deleted. Two sentences at the end
of the above paragraph need to be added to read as follows "Village
I has already been rezoned. Villages II, III and IV are the only
phases of the project that are being rezoned at this time."
On Page 3, top paragraph, of the Mitigation Monitoring Program the
sentence "Only the Mitigation Measures impacts that relate to
Village I are implemented in this Mitigation Monitoring Program."
should be deleted. These modifications to the previously supplied
Findings and Mitigation Monitoring Program are indicated in
Attachments B and C.
ADDENDUM TO ITEM D. 5
JULY 9, 1996
On June 4 , • 1996 , the Board of Supervisors continued to this
date the decision on the remainder of the phases for the
Discovery Bay West Project (2963-RZ) in the Discovery Bay area.
Dennis Barry, Community Development Department, presented
the staff report on the material before the Board for
consideration, and he commented on minor modifications on
conditions relating to the community center and the community
warning system and he advised of the staff recommendations before
the Board for consideration including the oral modifications to
the conditions of approval .
Supervisor Torlakson moved to approve the staff
recommendation as outlined and to authorize the District
Supervisor to meet with the parties and try to facilitate a
resolution of the location and details of the community center
proposal and to report back to the Board on the progress and
results of that process .
Supervisor Bishop commented on her concerns in areas
including schools, buffering, wetlands replacement and water and
she advised she would not be supporting the motion.
Supervisor DeSaulnier seconded the motion.
IT IS BY THE BOARD ORDERED that recommendation 1, 2, 3 , 4,
5, and 6 are APPROVED; and Ordinance No. 96-13 , giving effect to
the rezoning is INTRODUCED, reading waived and July 16 , 1996 , is
set for adoption of same; and the Supervisor representing
District V is AUTHORIZED to meet with the parties to facilitate a
resolution of details regarding the proposed community center and
to report to the Board of Supervisors on the results of that
process .
A P. 6-
P-1 FINDINGS FOR 296 3-RZ (DISCOVERY BAY WEST DEVELOPMENT) - AS APPROVED
BY THE BOARD OF SUPERVISORS ON JULY 9, 1996
Findin s
A. With the imposition of the Conditions of Approval this proposed development is in
conformance with the General Plan and the General Plan Amendment recently approved for
the site and surrounding area.
B. With proper conditioning the Hofmann property development will constitute a residential
environment of sustained desirability and stability, and will be in harmony with the character
of the nearby community.
C. In accordance with required findings of the P-1 district, the County finds that the
development is of a harmonious, innovative plan and justifies exceptions from the normal
application of the code, including variances and parcel confi`,uration and design to provide
a better conformity with existing terrain features and land use limitations in the area.
D. The applicant has indicated that they intend to commence construction within two and one-
half years of the effective date of the final project approval.
Y.
2
CONDITIONS OF APPROVAL FOR 2963-RZA (DISCOVERY BAY WEST DEVELOPMENT-
VILLAGES iI, III R iV) - AS APPROVED BY THE BOARD OF SUPERVISORS ON JULY 9,
1996
1. The development shall be based upon the following submitted exhibits except as modified
by the conditions below. These Conditions of Approval incorporate and are in addition to
all approved mitigation measures.
A. Revised Preliminary Development Plan, Discovery Bay "lest dated received January
11, 1995,
B. Preliminary Streetscape - Bixler Road dated received January 1 1, 1995.
C. Preliminary cross-section - Bider Road dated received .lanuary 11, 1995.
D. Typical play activity and soccer field area Discovery Bay West dated received
January 11, 1995.
E. Preliminary development plan for proposed marina in Discovery Bay West - Villages
III and I\' dated received January 1 1, 1995.
F. Geotechnical Investigation Report by Kleinfelder Associates dated February 1, 1990.
G. Mitigation Monitoring Program as approved 1�1ay 7, 1996 or as modified by further
Board action.
2. Approved final development plans, in conformance with ordinance requirements, shall be
required prior to any site development on this project area.
3. The maximum number of primary residences allowed for this project is 1,676.
4. The following major changes will be required in fixture final development plans/subdivisions
for the site:
A. Villa,-,e i1:
1) Details of the recreation center and senior citizens housing shall be submitted
prior to development of Village 11 or any portion of Village II. The senior
citizens housing area may have direct access to Point of Timber Road.
2) Provide a suitable emergency access road to the Pantages property at the
northern end of neighborhood cluster C or subject to Zoning Administrator
review and approval. Provision for a suitable public road in the area can
satisfy this requirement.
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3) Design houses near the park-lake area to take advantage of lake views.
C. Villages TII and IV:
1) Prior to submitting a further separate final development plan for the proposed
marina, submit to the Planning Director an economic feasibility report and
analysis regarding the marina and related recreational facilities. If the
proposed marina is found to be feasible, provide a further final development
plan for the proposed marina including recreational facilities. Consider a
redesign marina by bringing the parking lot to east of marina and placing the
marina further west into the community if acceptable to regulatory agencies
and subject to review and approval of the Zoning Administrator.
2) Allow for a trail within the East Contra Costa Irrigation District property
acceptable to the East Bay Regional Park District or other suitable public
agency subject to Zoning Administrator review and approval.
3) Consider a suitable park and ride lot in the vicinity of the main entrance to
Villages III and IV if needed when area is developed.
4) Design houses near the park-lake areas and the marina to take advantage of
the lake and marina views, respectively.
D. Entire Site:
1) At least four different types of plot plans, such as a cottage design with a
garage at back of lot, victorian style homes, houses with the living area-porch
brought forward with a 5 to 15 foot setback shall be submitted for each
village. Cluster homes, patio homes and zero lot line homes shall also be
considered. Modifications to the tentative map or development plan which
do not adversely impact densities of village sub-areas can be reviewed and
approved by the Zoning Administrator.
2) Prior to recording the Final Map of any subdivision for the first phase of
project, submit detailed accounting of total open space area per requirements
of General Plan Amendment.
3) A community center shall be provided as part of the Discovery Bay West
project. The location and size of the community center shall be determined
prior to the filing of the Final Map for this development or any phase of this
development. The Hofmann Company shall dedicate the site and pay 50%
of the building construction cost, including landscaping and parking lot costs.
The community center shall be constructed within 12 months of the issuance
of the first building permit or provided Discovery Bay community secures its
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50% share of the building construction costs. If the Discovery Bay
community has not secured their 50% share of the building construction costs
prior to the issuance of the first building permit, the community center shall
be constructed within one year of the community securing said funds.
A site shall be designated in Village I. If a site is agreed upon in another area
of Discovery Bay then the site may be developed subject to Zoning
Administrator review and approval. The site upon which the Discovery Bay
Community Center is to be build will be jointly determined by the Hofmann
Company, Discovery Bay MAC and Contra Costa County.
Project Phasing and Staff Costs:
5. The general phasing program for the development shall be acceptable to the Zoning
Administrator and shall be submitted prior to any site development. A detailed phasing plan
for each village shall be submitted prior to any development in a village subject to Zoning
Administrator review and approval. The applicant shall pay for all reasonable staff time
involved in administering the Mitigation Program after application fees have been exhausted.
This may include payment of fiends required for peer review of required reports review, field
visits, and response comments or reports as determined by the Zoning Administrator.
6. The following actions shall take place before various phases of the project are developed or
completely developed.
A. Prior to issuing any building permits in Village II, III or IV, the public park
improvements required in Village I shall be complete.
B. The recreation center may be phased subject to review and approval of the Zoning
Administrator. The first phase of the center shall be constructed prior to the issuance
of the 400th building permit in Village 1I.
C. The adjacent park-trail area around the lake in Villages II, III and IV shall be
landscaped and recreational amenities installed prior to occupancy of the residences
in the vicinity of the nearby neighborhood cluster. Other recreational amenities such
as trails, greenways paths shall be constructed in conjunction with the residential
development in the neighborhood clusters.
D. Prior to recording the Final Map for any phase in Village III allow for a trail
acceptable to the East Bay Regional Park District or other suitable public agency,
subject to final Zoning Administrator review and approval, along the alignment of
the East Contra Costa Irrigation District Canal to the Delta (Dredger Cut - Indian
Slough) area.
P.
5
E. Dedicate development rights to the 200 acre Fallman Ranch east of Villages III and
IV to Contra Costa County or another acceptable agency prior to recording the Final
Map for any phase of Villages III or IV.
Street Addressing
7. At least 30 days prior to filing the Final Map for any portion of this development, plans shall
be submitted for review by the Community Development Department, Graphics Section, to
- obtain 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 Final Map
cannot be certified by the Community Development Department without the approved street
names. Consideration of historical local areas and pioneers in East Contra Costa County
shall be used for as many street names as possible.
Police Services Funding
8. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the parcels created by future
subdivision approval. The tax shall be the per parcel annual amount (with appropriate future
CPI adjustment) established at the tirne of voting by the Board of Supervisors. The election
to provide for the tax shall be completed prior to the filing of the Final Map. The property
owner shall be responsible for paying the cost of holding the election, payable at the time
that the election is requested by the owner. (MM 8.7 and MM 9.3)
Such provision shall include an additional initial level of police tax district funding of$25.00
per non-open space parcel in the project area, over and above the standard initial level of
$200 per parcel normally applied to the vesting tentative map approval for residential
subdivisions. The added level of funding is intended to be used for augmented marine patrol
services, especially the enforcement of boat speed limits. In the event that the State
determines to subvent the costs of marine patrol prior to the filing of a final map, this
requirement for the additional $25.00 shall be null and void.
EMF Notification
9. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the
applicant shall record the following notice or other appropriate notice as approved by the
Zoning Administrator:
"The subject property is located near a high voltage electric trans-
mission 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
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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.
Farm Operation Notice
10. The following statement shall be recorded at the County Recorder's Office for each parcel
to notify future owners of the parcels that they own property in an agricultural area (MM 4.5
and MM 7.2):
"This document shall serve as notification that you have purchased
land near an agricultural area where you may regularly find farm
equipment using local roads, farm equipment causing dust; crop
dusting and spraying occurring regularly; burning associated with
agricultural activities, noise associated with farm equipment and
aerial crop dusting and certain animals and flies may exist on
surrounding properties. This statement is, again, notification that this
is part of the agricultural way of life near the open space areas of
Contra Costa County and you should be fully aware of this at the time
of purchase."
Archaeolo6cal Concerns
11. 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 of Professional Archaeology
(SOPA) has had an opportunity to evaluate the significance of the find and suggest
appropriate rnitigation(s), if deemed necessary and subject to Zoning Administrator review
and approval. (MM 11.1)
A. If any significant cultural materials such as artifacts, human burials, or the like are
encountered during construction operations, such operations shall cease within 30
yards of the find, the Community Development Department shall be notified within
24-hours and a qualified archaeologist contacted and retained for further recom-
mendations. Significant cultural materials include, but are not
limited to, aboriginal human remains, chipped stone, groundstone, shell and bone
artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic
features such as privies or building foundations. (MM 11.1)
A
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B. In the event of discovery or recognition of any human remains on the site, there shall
be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains until the coroner of Contra Costa County has
been contacted, per Section 7050.5 of the California Health and Safety Code. (MM
11.1)
C. Appropriate mitigation of the cultural resources may include monitoring of further
construction and/or systematic excavation of the resources. Any artifacts or samples
collected as part of the initial discovery, monitoring or mitigation phases shall be
properly conserved, catalogued, analyzed, evaluated and curated along with
associated documentation in a professional manner consistent with current
archaeological standards. (11.1)
Grading and Dust Control
12. Comply with the following construction, noise, dust and litter control requirements (MM 4.1
and 6.2.1.1):
A. Noise generating construction activities, including such things as power generators
shall begenerally limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through
Friday, and shall be prohibited on State and Federal holidays. The restrictions on
allowed working days and times may be modified by prior written approval by the
Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipnIient such as air compressors and concrete
pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary of the
subject village notice that constriction work will commence. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included. The
list shall be kept current at all times and shall consist of persons with authority to
indicate and implement corrective action in their area of responsibility. The names
of the individual responsible for noise and litter control shall be expressly identified
in the notice. The notice shall be reissued with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the community Develop-
ment Department. The notice shall be accompanied by a list of the names and
addresses of the property owners noticed, and a map identifying the area noticed.
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D. A dust and litter control program shall be submitted for the review and approval of
the Zoning Administrator. Any violation of the approved program or applicable
ordinances may require an immediate work stoppage. Construction work shall not
be allowed to resume until, if necessary, an appropriate construction bond has been
posted.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, all-weather access
shall be provided to each lot. This shall include provision for an on-site area in
which to park earth moving equipment.
TDM Plan
13. Prior to the issuance of building permits for future development of the site, the applicant
shall submit a detailed TDM Plan for review and approval by the Zoning Administrator
(unless otherwise required by a TDM Ordinance). The TDM plan shall include measures
to encourage commuting such as park and ride lots, and fiber optic wiring of residences. The
approved TDM Plan shall be operative prior to final inspection of the first residence by the
Building Inspection Department. The telecommuting facility is encouraged and may be
designed as part of the recreation center or other appropriate location subject to Zoning
Administrator review and approval. (MM 6.2.2 and MM 6.2.4)
Child Care
14. Provision of a Child Care Facility or program is required for this development as required
by the County's Child Care Ordinance. The program shall be submitted for the review and
approval of the Zoning Administrator prior to the filing of the first Final Map. A suitable
child care center should be developed in Village I in conjunction with the school site subject
to review and approval of the Zoning Administrator and an agreement by the school district.
The child care center location can be modified subject to Zoning Administrator approval.
The child care center shall be in operation prior to occupancy of residences (other than
senior housing) in Village II or when the school is operational. (MM 8.2)
Indemnification
15. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or
any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County
Planning Agency and its agents, officers, and employees from any claim, action, or
proceeding against the Agency (the County) or its agents, officers, or employees to attack,
set aside, void, or annul, the Agency's approval concerning this 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.
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Wave Action from Boating and Bank Erosion
16. Prior to development of the marina the requirements regarding wave impacts from increased
boating must be properly mitigated per the adopted Mitigation Monitoring Program. MM
1.1.7.
Protect Construction
17. The project applicant will be required to comply with all necessary permits, including but
not limited to, the NPDES permit for Storm Water Discharges Associated with Construction
Activity as well as applying for inclusion in the General Stormwater Permit issued by the
State of California. The project applicant must also comply with all requirements of
construction permits for Contra Costa County. The applicant must obtain C.W.A. Section
404 and Section 10 permits from the Army Corps of Engineers for construction in wetlands
and navigable waterways for the marina as required by law. (MM 1 . 1.S)
Ground Water Hydrology
18. The developer shall participate in the establishment, prior to development of the site, of a
Iona term water quality management program, comparable to a program recommended by
Luhdorff& Scalmanini of the degradation of ground water quality. The appropriate mon-
itoring program will be one that identities changes in quantity and quality of water and pro-
vides for responses to these changes in a timely fashion. This can best be accomplished by
establishing a multi-aquifer monitoring network' in cooperation with local agencies such as
the BBID, Delta Diablo Sanitation District (Sanitation District #19) and ECCID. Means
acceptable to Sanitation District #19 to finance the long term monitoring program shall be
developed prior to site development. The long-term monitoring program shall include
measures outlined in the Adopted Mitigation Monitoring Program acceptable to Sanitation
District #19. (N1M 1.2.1.)
19. As recommended in Condition 918, above in the mitigation of the degradation of
groundwater quality and in the Luhdorff & Scalmanini reports, the developer shall
participate in the establishment, prior to development of the site, of a long-term monitoring
plan for the aquifer (regular monitoring of water supply wells currently in Discovery Bay,
water supply wells outside of the developments, and monitoring wells capable of monitoring
multiple aquifers) would identify changes in the quantity of water. Aquifer capacity and
renewable resources should be documented and properly managed to prevent overdraft. If
recoverable storage capacity of the aquifer is insufficient, an additional water supply source
shall be investigated and developed. Means acceptable to Sanitation District 419 to finance
the long term monitoring program shall be developed prior to site development. The long
term monitoring plan shall include measures outlined in the mitigation monitoring program
acceptable to Sanitation District 419. (MM 12.2)
Y.
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Vegetation and Wetlands
20. The following measures are required for impacts to vegetation and wetlands. (MM 2.1.1)
A. Jurisdictional wetlands lost as a result of direct impacts of the project shall be
compensated by the restoration or creation of wetlands at a minimum ratio of I:1.
Loss of significant natural wetland communities should be compensated for at a
higher ratio to be determined by parties involved and the Corps of Engineers as part
of the Section 404 permit process.
B. Compensation should be of the same habitat type as affected wetlands (i.e., in-kind
replacement) whenever feasible, or with the approval of Corps of Engineers, shall
be of habitats of higher botanical and wildlife value. Mitigation areas should be on-
site, if practicable, or located off-site within reasonable proximity to the project site.
County policy requires that the mitigation site be located within Contra Costa
County.
C. Mitigation wetlands should be located in a large contiguous parcel with transitional
zone and adjacent upland habitat to maximize the likelihood of success in creating
habitat capable of maintaining viable populations of native plant and animal species.
A buffer zone (preferably 50 ft. or greater in width) should be established and
maintained around the edges of all wetland and terrestrial habitat used as mitigation
for project impacts.
21. The following requirements are required for the mitigation of the damage to special status
plant species. (MM 2.1.2)
A. The first choice in mitigation would be to alter the project plan to avoid direct
impacts on both individuals and habitats of these species. If such action is to be
taken, steps must also be taken to ensure that indirect impacts associated with the
project throughout its life do not significantly impact these special-status plants and
their habitat.
Alternatively, subject to measures outlined in the Mitigation Monitoring Program the
project applicant shall establish replacement special status plant communities located
either on-site or off-site within reasonable proximity of the project.
Advice on the mitigation project shall be sought from the California Department of
Fish & Game.
A means to fund over-site, long term shall be developed for this condition prior to
development of a site containing or causing such an impact.
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Mosquito Abatement
22. Work with the Contra Costa Mosquito and Vector Abatement District staff to develop a
mosquito source reduction and management plan. The developer shall cooperate with
District staff in the development of a mosquito monitoring and source management plan.
Applicant shall fund the development of the plan.
Impacts to Special Animals
23. Impacts to Delta Smelt. (MM 2.2.5)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to Delta Smelt shall be taken.
24. Impacts to Southwestern Pond Turtle. (MM 2.2.6)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to Southwestern Pond Turtle shall
be taken.
25. Impacts to Swainson's Hawk. (NINI 2.2.8)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the Swainson's Hawk shall be
taken.
26. Impacts to Burrowing Owls. (MM 2.2.9)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the Burrowing Owls shall be
taken.
27. Impacts to San Joaquin Kit Fox. (MM 2.2.10)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the San Joaquin Kit Fox shall
be taken.
Noise Impacts
28. Noise impacts to wildlife. (MM 4.2)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to wildlife shall be taken.
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29. Noise conflicts between proposed uses. (NIM 4.8)
New residences must be constructed so that interior DNL is 45 dBA or less and so that
indoor noise levels due to single noise events shall not exceed a maximum of 50 dBA in the
bedroom and 55 dBA in other habitable rooms.
Geology. Soils and Seismic Hazards
30. The excavation of soil around the marina and lakes must be rigorously observed by trained
professionals to identify any loose, clean sand and silt and peat in cut slopes; these should
be excavated and replaced with compacted fill that includes a buttress that has been properly
keyed into native soils and sediments and that has been properly constructed with engineered
fill. A soils/geotechnical professional site acceptable to the Zoning Administrator shall be
employed to monitor this measure as needed. (MM 3.1)
A. The proposed mitigation for preventing groundwater flow from the brackish aquifer
into surface water is to actively monitor excavation of the lakes. When flow from
sands is identified, the sand should be excavated and replaced with buttress fills,
keyed into less permeable clay-rich formations below the sand and constructed of
compacted clay-rich soils to discourage active flow from the aquifer. (MM 1.2.4)
B. The proposed mitigation for the flow of loose soil into the lakes is the same as for
mixing of groundwater and surface water. Excavation should be actively monitored,
and sands from which groundwater flows, which may erode the loose (heaving)
sands, should be excavated and replaced with buttress fills, keyed into less permeable
clay-rich layers below and constructed of less permeable material to discourage flow.
(MM l 2.5)
C. At least 45 days prior to recording.a Final Map, issuance of a grading permit, or
installation of improvements or utilities, submit a preliminary geology, soil, and
foundation report meeting the requirements of Subdivision Ordinance Section 94-
4.420 for review and approval of the Zoning Administrator. Improvement, grading,
and building plans shall carry out the recommendations of the approved report.
D. The report required above shall include evaluation of the potential for liquefaction
and seismic settlement.
E. Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firm), and date, calling attention to approved recom-
mendations, and noting that the report is available frorn the seller and/or the County.
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F. At least 45 days prior to issuance of permits to grade and create the lakes on the site,
a suitable geotechnical report shall be submitted for the review and approval of the
Zoning Administrator detailing means to stabilize the lake bank in case of earthquake
and reduced possible liquefaction dangers in this area.
Impacts on Agricultural Lands
31. Suitable fencing shall be developed around projects perimeters to separate residential uses
from surrounding agricultural lands and activities. (MM 7,3)
Equitable sharing of the cost of the initial (and any subsequent) fence constructed to deter
trespassing, etc., is to be arranged between the primary developer and any other developer
who is active in the project area and benefits from the fencing if possible to do so.
Impacts on School Districts
32. The Discovery Bay West project shall assure the provision of adequate school facilities and
levels of service from school districts serving the project, by way of the executed School
Mitigation Agreement, which School Mitigation Agreement shall contain provisions and
provide for payment to affected school districts in amounts determined in the agreement
between the developer and school districts, in order to mitigate the impacts of their projects
on school facilities. (MM 8. 1. 1, S. 1 .2, S. i.�)
Increased Demand for Water and Sewer Systems
33. The site for Discovery Bay West shall be annexed into Contra Costa Sanitation District 919
prior to recording the final map on any portion of the development. (MM 8.3)
A. Completion of a water supply study and a water system master plan acceptable to
CCCSD 19 for the area within the Urban Limit Line is required as a condition of
project approval. The study must define a funding mechanism that ensures new
development pays for improvements to serve it exclusively.
B. In the study of water supply, include consideration of how to reclaim water and reuse
it. Reclaiming water and using reclaimed water are encouraged by the County
General Plan.
34. Annexation of the proposed project area into Sanitation District 19, predicated on agreement
by the district and The Hofinann Company on condition for annexation and fulfillment of
such conditions within an agreed-on schedule. Conditions would include determination of
technical standards and design of the expansion of the existing sanitary sewer system. (MM
8.4)
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Police Protection
35. Measures to reduce or prevent crime incidents should be coordinated and include both
physical design measures (including lighting for streets, parking areas, and entries; clear
.=> 0 1"D 1*=
address signs; door and window security design and locks), social measures (including
neighborhood crime watches, anti-violence support groups, and education programs), and
legal measures (control in selected areas for selected types of water activities, e.g.,
swimming,jet skis, etc.).
Plans to accomplish the above shall be submitted to the Contra Costa County Sheriffs
Department for comment prior to development of the site. (MM 8.7)
Fire Protection
36. Before recording any Final Mal) negotiate to design, construct, and equip a fire station for
In
service to the project area as required by the East Diablo Fire Protection District or its
representatives. The construction of the fire station can either fully or partially satisfy fire
fees. Later nearby developments may be required to reimburse the developer on a pro-rata
basis.
The primary developer must also design streets and other features in the project area to
accommodate fire and other emergency vehicles, (MNI 8.8)
Park and Recreation Facilities/Recreation Uses
.37. General Plan standards for neighborhood park acreage and facilities are to be met by the
proposed project through arrangements acceptable to the Community Development
Department by The Hofmann Company, such as the provision of"common area" acreage for
recreational use. Suitable improvement of the public park may be used to partially meet park
requirements as can Lip to 50% of the private outdoor recreational area if large enough and
high quality enOLI-h private outdoor recreational areas are provided within the gated
community.
38. Transfer of responsibility for security and management of the ECCID canal from the
Irrigation District to another entity Such as the East Bay Regional Park District, which has
expressed an interest in the canal easement for development as a regional trail shall be
pursued. If an agreement cannot be made, The Hofi-nann Company may need to make other
arrangements with the Irrigation District, Such as the addition of a suitable security fence.
Right of Farminy
, Ordinance
39. If the County's right to farming ordinance has been adopted prior to the issuance of building
permits on this site, the developer shall inform future owners of that ordinance informing
them of the right to farm within the Contra Costa County area.
Z-
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Removal of Existing Water Wells/Hazardous Chemicals on Site
40. Any hazardous chemical stored on the site shall be properly removed and disposed of under
County Health Services Department regulations. Any existing water wells on the site shall
be properly capped under County Health Services Department regulations. A Level I
hazardous waste assessment shall be conducted on the site prior to filing of any Final Map
that verifies that the site does not contain any hazardous waste.
Irriy,ation Districts
41. Prior to recording the final map for phases on this site, confirmation shall be received from
the Byron-Bethany Irrigation District and East Contra Costa Irrigation District that any
facilities they have on the site have been properly moved or removed as the case may be, or
as an alternative a letter from the District may be submitted indicating that they have no
facilities on the site that will be disturbed as a result of this development.
East Bay Municipal Utility District Chlorine Facility
42. At present the East Bay Municipal Utility District stores gaseous chlorine one-half mile
north of the north end of the Discovery Bay West site. There may be plans to remove the
gaseous chlorine from the facility in the future. However, this has not been decided yet. If,
when development starts on this site, the gaseous chlorine facility is still in place then the
developer shall accomplish the following prior to the issuance of the First Final Building
Permit for this project:
A. Give all residents, homeowners, and renters full disclosure regarding the presence
of chlorine at the EBMUD Bixler site.
B. The development shall support a proportionate share of the cost of the Community
Warning System (CWS), the emergency notification system being installed
throughout the County (which will include the installation of a siren system). The
system is designed to warn the residents of the development if a large scale
accidental release of hazardous materials occurs.
C. The developmentshall ensure that the homes are as air tight as feasible by providing
superior window seals, door seals, positive closure for fireplace dampers, etc. A
periodic replacement program should be established as seals have a finite life. (To
reduce indoor air pollution, the homes should be thoroughly ventilated prior to
occupancy.)
D. All homeowners shall be provided with sufficient information regarding shelter-in-
place and the actions that should be taken in the event of an accidental chemical
release.
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These instructional materials shall be written in plain language, and will be
developed in consultation with the Hazardous Materials Division of the County
Health Services Deaprtment, subject to the review and approval of the Zoning
Administrator.
If the facility is removed or the process is changed then this requirement can be
deleted subject to Zoning Administrator approval after review by the Hazardous
Matreiais Division of the County Health Department.
If, upon further review by the Hazardous Materials Division of the County Health
Department, it is determined by the Health Department that the chlorine facility
could not have a significant effect on Village I, then the above condition can be
modified subject to Zoning Administrator review and approval.
43. A homeowners association will be required in Villages II, I11 and IV for the maintenance of
the private roads, lakes, recreation areas, marina, trails and other landscaped areas.
Road and Drainage
44. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department.
A. ORDINANCE REQUIRENIENTS:
The applicant shall be required to comply with the requirements of Title 9 of the
County Ordinance Code which include, but are not limited to the following
requirements:
1) In accordance with Section 92-2.006 of the Ordinance Code, this subdivision
shall conform to all applicable provisions of the Subdivision Ordinance (Title
9). Any exceptions therefrom must be specifically listed in these conditions
of approval. The drainage, road and utility improvements outlined below
shall require the review and approval of the Public Works Department and
are based on the Vesting Tentative Map, Final Development Plan dated
March, 1995, submitted to Public Works.
An exception to allow a 0.75% minimum grade is allowed subject to Public
Works approval providing:
a. The soil engineer recommends reduced grades and signs the improve-
ment plans; and
V.
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b. The applicant warrants the curb flow from ponding for five years
following completion. The curb shall be inspected and repaired
annually.
2) Division 914 of the Ordinance Code requires that all storm waters entering
or originating within the subject property shall be conveyed, without
diversion and within an adequate storm drainage facility, to a natural
watercourse having definable bed and banks, or to an existing adequate storm
drainage facility which conveys the storm waters to a natural watercourse.
This project necessarily involves some diversions of watershed. However,
since these diversions generally discharge to tidal bodies of water with
adequate cross section and capacity, these diversions may be considered
appropriate, subject to review and approval of Public Works.
3) Conveying storm waters in an adequate storm drain system to a: duly
organized Homeowner Association; Municipal Improvement District, or
Reclamation District drainage facility serving the area, is acceptable,
provided the applicant obtains a letter from that entity accepting the drainage.
Provide appropriate drainage releases where public waters enter private
facilities.
4) Diversions resulting in discharge of storm waters into the Contra Costa Canal
or any other water conveyance or impounding facility for domestic water
consumption is prohibited by the Ordinance Code. It is acknowledged that
Agricultural lands presently drain to the ECCID facility.
Landscaped areas, so long as they do not create diversions, may follow pre-
existing drainage patterns, subject to review and approval of Public Works.
5) For anything in these conditions of approval, which is subject to the approval
of Public Works, such approval shall not be unreasonably withheld.
B. TRAFFIC MITIGATION FEES:
The project traffic mitigation fees will be collected at the time of the Building Permit
for each residential unit of this development. No mitigation fees will be collected
from non-residential construction. The project traffic mitigation fee shall consist of:
* The Eastern Contra Costa Subregional Transportation Mitigation Fee
(ECCSRTMF). This fee is for construction of the State Highway 4 Bypass.
* The East County Regional Area of Benefit fee (ECRAOB). This fee is to
improve local roads identified on the Circulation Element of the County
General Plan.
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* The Project Traffic Mitigation Fee. This fee is $6,500 (revised annually to
reflect inflation, using the State of California Construction Cost Index as
published annually by Caltrans, as a reference) less the East County Regional
Area of Benefit fee and is used to mitigate project impacts not covered by the
above fees.
The difference between the adjusted $6,500 Project Traffic Mitigation Fee and the
ECRAOB fee shall be put into an interest earning Road Improvement Trust (Fund
No. 819200-0800 or other project specific fiend) to be used to mitigate off-site local
road and intersection improvements as reasonably determined and approved by the
Public Works Department, which are identified in the EIR or the Flexible Mitigation
Monitoring Program, and are not included in an established area of benefit. These
funds will not be used for on-site improvements; frontage improvements, the off-site
improvement of Bixler Road fi-om the project to State Highway 4; improvement of
Point of Timber Road from Bixler Road to Byron Highway; the project's 50% share
of the signal at the Bixler Road-State Highway 4 intersection; signalization of the
State Highway 4-Discovery Bay Boulevard intersection; or any necessary
construction traffic mitigation along the specified project construction haul routes.
If, after the 500th Building Permit, the Flexible Mitigation Monitoring Program
determines that traffic assumptions have changed significantly and a modification
to the mitigation is necessary, the adjusted $6,500 traffic mitigation contribution
shall be modified at the 501 st Building Permit and/or the 1201 st Building Permit to
reflect the on not identified in the ECCSRTMF or the ECRAOB.
C. PUBLIC II\IPROVEI\IENTS:
1) Flexible Mitigation Monitoring Program:
The applicant shall work with Public Works to set up a Flexible Mitigation
Monitoring Program. The program shall allow the development of up to 500
units based on these conditions of approval, plus additional units subject to
review of the traffic assumptions in the EIR.
a. The traffic assumption review shall take the form of a letter report
summarizing the observed project development trip
generation/distribution and the most current roadway improvement
assumptions in East County. This new information will be compared
with the EIR assumptions and a reasonable conclusion made as to
whether or not traffic assumptions have changed which could result
in new, or additional, significant project impacts to the surrounding
road network not already identified in the EIR.
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b. The Flexible Mitigation Monitoring Program will review the traffic
assumptions no sooner than at the 400th unit and the 1100th unit, and
shall be completed respectively by the 500th unit and the 1200th unit
to determine if the traffic assumptions in the Environmental Impact
Report are still valid (scheduling of implementation of the State
Route 4 Bypass shall be considered).
1. If the initial assumptions made are still valid, the mitigation
measure will remain unchanged, and the applicant will be
required to comply with the conditions of approval as stated,
and continue to contribute $6,500 per unit (revised annually
to reflect inflation, using the State of California Construction
Cost Index as published annually by Caltrans, as a reference)
for additional off-site road improvements, after the first 500
units and the first 1200 units, respectively.
2. If the traffic assumptions have significantly changed for the
worse and there could be new, or additional, significant
project impacts not identified in the EIR, the applicant shall
perform a more detailed traffic study to determine traffic
impacts of the next phase of development (e.g., 501 to 1,200
or 1,200 to buildout) and recommend mitigation measures
based on the new traffic assumptions. The traffic study, and
the proposed traffic mitigation measures shall be subject to
the review and approval of Public Works. The traffic mitiga-
tion measures, if different from those identified in the EIR,
may be subject to review at a public hearing. Any significant
project related traffic impact which cannot qualify for the
ECRAOB or other fee area will be the responsibility of the
project applicant to mitigate on a fair share basis. Newly
identified significant traffic impacts shall require mitigation
only if the level of service does not meet the adopted traffic
level of service standard. The project applicant shall arrange
for mitigation of such newly identified significant and
warranted traffic impacts prior to issuance of the 650th
Building Permit, and again prior to issuance of the 1350th
Building Permit, if necessary.
3. Impacts which were identified in the initial EIR project list
will be considered satisfied for that increment of time if the
initial or subsequent traffic assumption review shows impacts
are insignificant (subject to the review at a public hearing if
required by law), and the approval of the Zoning
Administrator. (FINDINGS FOR IMPACT 436, MMA.C.)
"D.57
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C. The applicant shall submit a biannual Flexible Mitigation Monitoring
Program update to review road intersections and the overall road
system and to recommend potential expenditure of this project's
mitigation funds commencing at the 650th Building Permit and
continuing biannually with the last report issued at the 1900th
Building Permit.
d. The applicant shall pay for all reasonable and verifiable staff time
involved in preparation of the traffic study, the Flexible Mitigation
Monitoring Program, the proposed traffic mitigation measures, and
monitoring of the project and review of these studies, program and
monitoring.
e. The project applicant shall pay its share of the costs of the future
environmental review documentation required for: any necessary
modification of the project EIR, new project traffic mitigation not
identified .with these project approvals, modification of the area of
benefit to reflect additional projects as a result of Discovery Bay
West; and modification of the County General Plan to accommodate
the same purpose. The applicant shall only be required to pay a fair
share of the cost of modification of the area of benefit program if
projects are being added throughout the program areas. However, if
the area of benefit is modified solely at the applicant's request to add
mitigation measures from this project, then the applicant shall bear all
costs.
2) Construction Truck Traffic Mitigation:
a. Prior to issuance of the first residential Building Permit, the applicant
shall widen Bixler Road off-site to a minimum width of 28-feet from
the limit of Permit 3031-91 and Subdivisions 7679 and 7881
obligations to the Phase 1 project entry. At the applicant's option,
these widening improvements may be either an interim improvement
or a portion of the ultimate improvements discussed.in 3)c. below.
If a 28-foot width has not been constructed from the southerly limit ,
of the applicant's responsibility to State Highway 4, the applicant
shall widen Bixler to a 28-foot minimum width all the way to
Highway 4. Any permanent or "ultimate" improvement constructed
by the applicant which is the obligation of the properties involved in
the above noted developments shall be subject to reimbursement
through reimbursement agreements administered by the County. The
applicant shall direct construction related truck traffic to the site via
Bixler Road from State Highway 4, restricting construction related
damage essentially to only Bixler Road. (FINDING FOR IMPACT
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968, M MB.c.) At the developers option, construction truck traffic
may also use Point of Timber Road after it has been widened to 28
feet. Applicant shall submit improvement plans, pay inspection and
plan review fees for these road improvements.
The applicant may use Newport Drive for no more than one month as
a construction detour while Bixler Road is under construction. In no
case will Newport Drive be used as a construction haul route.
In order to determine the pre-project road conditions the applicant
shall, prior to project grading, provide a video road survey for the
following roads: Balfour Road from Bixler Road to Byron Highway;
Bixler Road north to Orwood Road; and Marsh Creek Road from
Bixler Road to State Highway 4.
b. Construction Road Maintenance Agreement
The applicant shall execute a bonded construction road maintenance
agreement, assuring the County that the specified project haul
route(s) will be maintained in a convenient, passable condition
throughout the construction period. The bond shall consist of a cash
bond of Si 5,000 together with additional security totaling the cost of
upgrading of the specified project haul route(s). The bond shall be
provided prior to the approval of the first phase subdivision improve-
ment plan and shall remain in effect until the haul routes are
improved to handle the traffic, or until upgraded construction is
completed.
C. Construction truck traffic monitoring: If the applicant uses non-
designated streets for construction truck traffic, he shall repair the
roads to the pre-project condition prior to filing the next Final Map,
subject to the review and approval of Public Works. If the mainte-
nance is not completed in a timely manner, the County will activate
the Construction Road Maintenance Agreement for funds to perform
the maintenance.
d. Provide sufficient parking on-site for construction crews and
associated personnel. The applicant shall not permit construction
crews and equipment to park along currently existing public roads or
interfere with neighborhood agricultural operations.
D• S
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e. Applicant shall indicate on all subcontracts, bulk and custom lot sales
contracts, homeowners association documents, et al, that construction
truck traffic shall use State Highway 4 and Bixler Road as
construction access to this development, unless other routes have
been specifically designated by Applicant as outlined in 2)a. above.
3. Bixler Road Frontage Improvements:
a. Applicant shall construct Bixler Road pavernent widening with the
easterly curb face established by first assuring a minimum 5-foot
clear distance from any ditches on the westerly side to the edge of
any required paved shoulder and thereafter providing the required
lane and shoulder widths, but not less than 32-feet from existing
centerline.
b. Existing Bixler Road shall be reconstructed, or overlayed if studies
warrant. The pavement shall be striped to provide one 12-foot
northbound lane with a 6-foot shoulder and one 12-foot wide
southbound lane with a 6-foot shoulder plus necessary channelization
at intersections from the southerly boundary of Village I to Balfour
Road.
C. Bixler Road shall be a 36-foot road width (2 - 12-foot lanes and 2 -
6-foot shoulders) fi-om Balfour Road to the northerly boundary of
Village IV. The easterly curb line shall be 32-feet from the existing
centerline. The westerly portion of the existing roadway may be used
as a separated southbound bike path/equestrian trail. However,
delineation should not allow vehicle traffic to use this portion of the
old roadway.
d. Construct curb, 5-foot 6-inch sidewalk (width measured from curb
face), street lighting, landscaping and irrigation (EIR Mitigation
RMCir-22). (FINDING FOR IMPACT #51, MMC.c.)
e. The applicant shall be required to construct safety improvements
along the frontage of the Evan's property.
f. Pads for the proposed bus shelters, bicycle racks and/or lockers shall
be clear of the sidewalk area at potential bus stops.
C)0. Provide necessary longitudinal and transverse drainage along the east
side only.
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h. The applicant may need to remove and replace the roadway if
required by the grade, alignment analysis and determination of
structural adequacy, subject to the review and approval of Public
works.
i. The applicant shall submit improvement plans and pay inspection and
plan review fees prior to filing of the Final Map.
4) Bixler Road, Off-Site Improvements:
a. Bixler Road:
1 . The applicant shall widen and overlay Bixler Road from the
project site to the northerly limit of the proposed Subdivision
7679, Subdivision 7881 and Permit 3031-91 obligations to a
34-foot pavement width (FINDING FOR IMPACT 951,
MM.C.c.), and construct required modifications to the ditch
system to maintain existing capacity if necessary. The
applicant shall bond for these off-site improvements prior to
issuance of the 400th Building,Permit or issuance of Building
Permits in Villages III or IV and shall complete the improve-
ments within one year thereafter. The applicant shall remove,
replace and widen the roadway if required by the alignment
analysis and/or determination of structural adequacy. If
replacement of the pavement is not required, the applicant
may be required to level, overlay and transition, subject to the
approval of Public Works. If the developers of Subdivision
7679, Subdivision 7881 and/or Permit 3031-91 have not
bonded and/or constructed Bixler Road to a 34-foot width all
the way to State Highway 4 prior to issuance of the 400th
Building Permit, the applicant will be responsible for bonding
and constructing the additional pavement to provide a 34-foot
width over any deficient segment of Bixler Road.
2. 1f Bixler Road is reconstructed the minimum road grades will
be adhered to.
3. The off-site Bixler Road improvements shall be designed,
prior to filing of the Final Map for Village II. The applicant
shall submit improvement plans and pay inspection fees and
plan review fees prior to filing of said Final Map.
24
4. The applicant shall provide additional right of way, if
necessary for the roadway and portions of the ditch system
conveying project storm waters, subject to the review and
approval of Public Works. At applicant's request and
expense, Public Works will obtain the necessary easements
and rights of way.
5. It is understood and acknowledged that certain portions of
these off-site Bixler improvements may be impossible or
impractical to construct due to wetland regulation or policy
requirements. If Public Works determines that such occasion
Should arise, the applicant may be permitted to reduce the
shoulder requirements, but in no case shall less than 28 feet
of pavement be provided.
b. State Highway 4 Signal at Bixler Road and at Discovery Bay
Boulevard
1. Arrange for Signalization of the State Highway 4 intersection
at Bixler Road prior to issuance of 200 Building Permits in
this development if not already assured or completed by
others at that time. Fifty percent of the signalization cost of
the Bixler Road signal is reimbursable from the property
owners at the northwest and northeast quadrants of this
intersection. One hundred percent of any widening costs for
Bixler Road is reimbursable from the same parties.
Submit improvement plans, pay inspection and plan review
fees, and apply for a Caltrans encroachment permit prior to
improving the intersection.
2. If the Bixler Road traffic signal has been installed, the
applicant shall contribute 50% of the cost of the traffic signal,
prior to issuance of the 200th Building Permit, to a Road
Improvement Fee Trust (Fund No. 819200-0800) designated
for reimbursement for its installation.
3. If the Bixler Road traffic signal is not warranted prior to
issuance of the 200th Building Permit, the need for the traffic
signal at the State Highway 4 - Bixler Road intersection shall
be analyzed by the Public Works Department prior to filing
each Final Map, up until the 1800th lot when the applicant
D,57
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shall contribute a cash deposit, equal to 50% of the signal
constriction cost as determined by Public Works, to a County
Road Improvement Trust (Fund No. 819200-0800).
4. The applicant shall bond for the State Highway 4-Discovery
Bay Boulevard traffic signal prior to filing of the first Final
Map. The traffic signal shall be installed and operational one
year following the issuance of the first building permit,
exclusive of model homes. If the traffic signal is not
operational within the one year period, no further building
permits will be issued.
5) Point of Timber Road, On-Site (Bixler Road to the east):
a. Bixler Road to "D" Street:
1. Applicant shall reconstruct Point of Timber Road to at least
a 60-foot curb to curb pavement width within an 80-foot right
of way from Bixler Road to "D" Street with Village I.
?. Constrict curb, 5-foot 6-inch sidewalks (width measured
fi-0111 curb face), necessary longitudinal and transverse
drainage, street huhtin"7, landscaping and irrigation.
3. The right of way line shall be located at least 10-feet behind
the Curb face.
4. Provide necessary longitudinal and transverse drainage.
5. The applicant shall submit improvement plans and pay
inspection and plan review fees prior to filing of the Final
Map for this portion of.Point of Timber with the improvement
plans for the subdivision creating the 250th lot.
b. "D" Street to the Easterly Boundary of Village I:
1. Applicant shall install (on the south side) curb, 5-foot 6-inch
sidewalk (width measured from curb face), necessary
longitudinal and transverse drainage, street lighting, land-
scaping and irrigation and grade the ultimate roadway with
construction of Village I improvements abutting this segment.
26
The location of the frontage improvements shall provide for:
I
ultimate widening of the roadway to a 40-foot pavement
width, widening to at least a 56-foot width at the D Street
intersections', and necessary conforms.
2. Construct curb, 5-foot 6-inch sidewalks (width measured
from curb face), necessary longitudinal and transverse
drainage, street lighting, landscaping and irrigation along the
north side of the roadway, with construction of Village 11
improvements.
3. Construct road with Village 11 improvements.
1
4. The right of way line shall be located at least I 0-feet behind
the curb face (30' from centerline).
5. Provide necessary 1011(-'ItLidinal and transverse drainage.
C. From the Easterly Boundary of Village I to the Easterly Boundary of
Villa0e 11:
1. Applicant shall widen Point of Timber Road.- to at least a 28-
foot pavement width; and provide necessary conforms at the
easterly boundary of Village I and the easterly boundary of
Village 11 as part of the improvements in Village 11. The curb
face shall be located 20-feet north of the existing road
centerline (east of Village 1, the southerly widening, beyond
28-feet total width, shall be the responsibility of others).
2. Construct (on the north side) curb, 5-foot 6-inch sidewalks
(width measured from curb face), necessary longitudinal and
transverse drainage, street lighting, landscaping and irrigation
with construction of the abutting portion of Village 11,
.3. The right of way line shall be located at least 10-feet behind
Z�
the curb face (30' from centerline).
4. Provide necessary longitudinal and transverse drainage.
6) Point of Timber Road, Off-Site (west of Bixler Road):
a. Point of Timber Road from Bjxler Road to Byron Highway:
27
1. Submit improvement plans, pay inspection and plan review
fees prior to 200th Building Permit.
2. Prior to issuance of the 300th Building Permit, widen and
reconstruct, if necessary, Point of Timber Road to a 28-foot
pavement width (two 14-foot lanes with 2-foot compacted
shoulder backing and maintain ditch capacities. This work
is intended to divert project traffic away from Balfour Road
(EIR Mitigation Measure RMCir-21) (FINDING FOR
IMPACT 950, MM.B.c.)
3. The applicant with the cooperation and assistance of Public
Works shall provide additional right of way, if necessary, for
the roadway and the ditch system, subject to the review and
approval of Public Works.
b. Point of Timber Road/Byron Highway/State Highway 4 Intersection
Modifications.
1. Submit improvement plans, pay inspection and plan review
fees and apply for a Caltrans encroachment permit prior to
issuance of the 400th Building Permit.
2. Prior to the filing of the first final map for Village III, the
applicant shall realign the Point of Timber Road - Byron
Highway intersection and the Byron Highway - State High-
way 4 intersection and install a traffic signal, subject to the
review of Caltrans and the review and approval of Public
Works (the Byron Highway improvements shall include 5-
foot shoulders and chatine]ization).
3. The County at applicant's request shall acquire all additional
right of way, if necessary for the roadway and the ditch
system at applicant's expense.
4. One hundred percent of these intersection improvements and
right of way acquisitions shall be eligible for reimbursement
from the ECRAOB.
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7) Project Improvements:
a. Prior to issuance of the first Building Permit, approval of the first set
of improvement plans or first Final Map, install signage along:
Balfour Road, Point of Timber Road, and Marsh Creek Road
westerly to State Highway 4, and along Bixler Road north of State
Highway 4, to warn project traffic of farm vehicles and provide farm
vehicle crossings (EIR Mitigation Measure RMCir-23) (FINDING
FOR IMPACT 452, MMD.c.)
8) Road Dedications and Reservations (for Public Roads):
a, Bixler Road: Applicant shall convey to the County, by Offer of
Dedication, the right of way necessary for at least the east half of the
planned 84-foot right of way width along the frontage of Bixler Road.
The eastern side of the right of way shall be increased at the project
access points along Bixler Road to provide for channelization for
turning movements to and from this development. The right of way
line shall be located at least 10-feet fi-om the curb face.
Off-site, the applicant shall provide for adequate rights of way or
easements for the proposed road improvements including the ditch
systems, however, the County will conduct the acquisitions of
applicant's costs if applicant requests.
b. Point of Timber Road: Applicant shall convey to the County, by
Offer of Dedication, an 80-foot right of way between Bixler Road
and "D" Street. East of"D" Street, the applicant shall convey to the
County, by Offer of Dedication, a 60-foot right of way, plus
additional right of way for left turn channelization and conforms
along the project frontage, where this development fronts on both
sides of the road. Where this development only fronts on one side of
Point of Timber Road, the applicant shall dedicate at least a 30-foot
right of way (measured from the centerline of the existing right of
way) (EIR Mitigation Measure RMCir-32). The right of way line
shall be located at least 10-feet from the curb face.
Off-site, the applicant shall provide for adequate right of way or
easement for the proposed road improvements including the ditch
systems, however, the County will conduct the acquisitions at
applicant's cost if applicant requests.
29
C. Pantages access along west side of the lake: Applicant shall provide
a 56' maximum revocable reservation for a public roadway for a
possible future road along the westerly edge of the lake on the
Pantages property (FINDING FOR IMPACT #61, MM.M.c.), if the
owner/developer of the Pantages property can demonstrate that this
road cannot feasibly be located on the Pantages property outside
wetland and riparian areas within two years of applicant's filing first
Final Map for Village I1. Just prior to filing the first final map for
Village II, the applicant shall mail to the owner of the Pantages
property, by return receipt certified mail, a notice that they have two
years to determine how much,if any, of the reservation is needed for
their access. The notice shall be reviewed by Public Works prior to
being mailed out and a copy of the mailed notice and return receipt
shall be submitted to Public Works prior to filing the final map. The
revocable reservation shall be for the purpose of allowing a future
extension to the north to serve the northerly portion of the Pantages
property, if this area can be proven to be feasibly developed, and all
other portions of the roadway are located on the Pantages property.
d. The applicant shall provide right of way for future bus turnouts on the
Bixler Road and Point of Timber Road frontage of this property at
appropriate locations in consultation with the responsible transit
authority. Adequate right of way shall be provided for the bus
turnouts, and the future bus shelters, bicycle racks and/or bicycle
lockers.
9) Abutter's Rights of Access (Public Roads):
a. Relinquish abutter's rights of access along Bixler Road, Point of
Timber Road and Newport Drive, including curb returns. Access
shall be permitted at the access points specifically approved with this
project. Access points shown on the Preliminary Development Plan
and the following additional points shall be permitted:
* Another Bixler Road access point either north or south of the
ECOID Canal at least 800-feet from the other project access
points.
* One or two Point of Timber Road access points each at the
community center and multiple family areas.
* Emergency vehicular access locations, park and ride lots,
pedestrian access points, and at the proposed RV storage area.
30
b. Prohibit all single family residential driveway access onto major
collector or arterial roads that provide project-wide circulation (EIR
Mitigation Measure RMCir-29) (FINDING FOR IMPACT 958,
MMJ.c.).
10) Sight Distance (Public Roads):
a. In accordance with Caltrans standards provide for adequate corner
sight distance at:
* The project entrances to Bixler Road for a design speed of 55
miles per hour.
* Other intersections with Point of Timber Road for a design
speed of 40 miles per hour.
11) Street Lights (Public Roads):
a. Street lights shall be install on the public roads, within this
suddivision and fronting this property, and the entire property
annexed to County Service Area L-100 for maintenance of the street
lighting. The final number and location of the lights shall be
determined by Public Works. Application for annexation to CSA L-
100 Lighting District shall be submitted prior to filing of the Final
Map.
12) Bicycle/Pedestrian Facilities (Public Roads):
a. Construct a 6-foot meandering asphalt concrete sidewalk along the
east side of Bixler Road from Village I site to the sidewalk proposed
in Permit 3031-91 (the Ujdur property) (FINDING FOR IMPACT
#51, MMC.c.). Where the sidewalk is adjacent to a roadside ditch,
it shall be located a minimum of 2-feet from the top of the roadside
ditch.
OR, construct a new 5-foot 6-inch concrete sidewalk (width
measured from back of curb, if adjacent to curb) along the west side
of Newport Drive to Kellogg Creek, connecting with the proposed
pathway location in Permit 3031-91. This improvement (either
alternative) shall be constructed within six (6) months of the
completion of the first commercial use in Permit 3031-91 or at
request of Public Works.
31
d. Provide bike lanes with a minimum width of 5-feet on the following
streets: Bixler Road; Point of Timber Road from Bixler Road to the
east; Newport Drive; "F" Street and "D" Street.
Prohibit parking (EIR Mitigation Measure RMCir-36a) (FINDING
FOR IMPACT 465, MMA.c.), or provide adequate additional
pavement width.
13) Utilities/Undergrounding (Public Roads):
a. All utility distribution facilities shall be installed underground,
including the existing overhead distribution facilities along the
frontage of Point of Timber Road and the easterly frontage of Bixler
Road.
b. Relocate and/or adjust utility distribution facilities, where necessary,
for all other off-site improvements.
14. Landscaping (Public Facilities):
a. Prior to filing each final map, the applicant shall apply to the Public
Works Department for annexation to the County Landscaping District
AD 1979-3 (LL-2) for the future maintenance of public landscaping
and irrigation facilities in median islands, parkways, and other public
project areas not within the gated areas of Villages II, III and IV.
("open space" is specifically excluded).
b. Prior to filing each final map, two sets of landscape and irrigation
plans and cost estimates, prepared by a licensed landscape architect,
shall be submitted to the Special District Section of the Public Works
Department foi- review and recommendation and forwarded to the
Zoning Administrator for review and approval. Plan submittal shall
include plan review and inspection fees. Types and size of plant and
irrigation materials within the public right of way shall be designed
using reasonable standards provided by the Grounds Service Manager
Of the General Services Department. All landscaping and irrigation
facilities shall be maintained by the applicant until funds become
available for their maintenance by the County after final inspection
is cleared.
32
C. Permanent landscaping and automatic irrigation facilities shall be
installed within the public road parkway and median areas, and
interim landscaping features shall be installed within the future road
areas, if any. All work shall be done in accordance with the
guidelines and standards of the County. Funding of, and maintenance
of, the new plantings shall be guaranteed by the developer until the
plants have been established and until funds are available through a
landscaping district. The plants shall be maintained for 90 days after
installation.
d. The County Landscaping District Administrator shall coordinate the
landscaping program in Discovery Bay West with the Discovery Bay
MAC by annually reviewing the district's program budget and
providing budget information to the MAC on a regular basis.
15. Transit:
a. Certain bus turnouts, bus shelters, bicycle racks and/or bicycle
lockers shall be constructed by the applicant if transit service is
established prior to recording of the last Final Map for this
development. The location of these facilities shall be determined in
cooperation with the responsible transit authority. Preliminary
locations along the east side of Bixler Road are: south of Fallman
Boulevard; north of Point of Timber Road, and north of the access at
the boundary of Villages II and III. The installation of these facilities
shall be assured prior to recording of the next Final Map after transit
service is established to the project. The obligation to install these
facilities shall terminate if public transit to the project is not assured
at the time the last Final Map is recorded. Pads for the bus shelters,
bicycle racks and/or lockers shall be clear of the sidewalk areas.
b. Provide pedestrian connections from the transit stops to the internal
project sidewalk system. Provide for installation of bus shelters at
each pullout if transit service begins (EIR Mitigation Measure
RMCir-34a) (FINDINGS FOR IMPACT 463, MM A.c.)
D. PRIVATE IMPROVEMENTS:
1) Private Road Improvements (Villages II, III & IV):
a. There shall be no 28-foot wide private roadways (EIR Mitigation
Applicant shall construct the private roads within this development
to County private road standards in accordance with the typical
sections on the Tentati\e Niap, to serve all parcels in this proposed
33
subdivision, except as noted as follows: Measure RMCir-25 and 26),
unless the road serves less than 14 residences, adequate parking has
been assured and the street has roll curb.
b. 32-foot private roadways within 37-foot private road easements with
a 5-foot public utilities easernent, and with roll curb, shall serve no
more than 50 units. Additional off-street parking may be required
where lot frontages less than 50 feet result in less than one on-street
and two off-street parking spaces for each residence subject to the
approval of Public Works.
C. 32-foot private roadways within 37-foot private road easements with
a 5-foot public utilities easement, which have a standard vertical
curb, shall serve no more than 24 units. Additional off-street parking
may be required where lot frontages less than 50 feet result in less
than one on-street and two off-street parking spaces for each
residence subject to the approval of Public Works. The use of
standard vertical curb may be desirable where the greater Stormwater
capacity is needed.
d. "B" Street shall be at least a 36-foot roadway within at least a 41-foot
access easement with at least a 5-foot public utilities easement.
Additional public utilities easements and easement width shall be
provided for required sidewalk areas. This width can be decreased
at bridges.
e. "A" Street and "C" Street shall not be less than 36-foot roadways
within 41-foot access easements with at least 5-foot public utility
easements, and without on-street parking, subject to the approval of
Public Works. The roadway may be reduced to a 34-foot roadway
within a 39-foot access easement provided there is a convenient, two
way bicycle path which minimizes the need for a bicycle path on one
side of the roadway.
Parking shall be allowed on "A" Street and "C" Street where the road
is widened to allow parking.
f. Divided portion of Fallman Boulevard and "I" Street shall be
designed with at least I 8-foot lanes in each direction. The applicant
may widen all or a portion of these roadways to 30-foot roadways in
each direction to provide for two lanes in each direction.
34
g. The corner setback requirement for the "U" shaped roads, except for
UY Street, shall be designed with the area where no obstructions are
allowed (see exhibit) based on the extrapolated distance of 10 feet
from curb face instead of the right of way line. The "B" Street "U"
shaped roadway shall be designed with at least 30-foot minimum
curb return radii. The other "U" shaped streets shall be designed with
at least 25-foot minimum curb return radii.
h. The applicant shall eliminate the "S" Street - "A" Street intersection
because of its close proximity to "H" Street and it's location on the
inside of the "A" Street curve. The applicant may relocate the access
to these lots opposite "R" Street, or another intersection subject to the
approval of Public Works. The cul-de-sac must be limited to a
maximum length of 700-feet. (The attached study by the applicant
satisfies this requirement)
i. I-ni northerly "T" Street - "A" Street
The applicant shall eliminate the
intersection because of its close proximity to "H" Street and it's
location on the inside of the "A" Street curve. The applicant may:
relocate the access to those lots opposite "AA" Street, or another
intersection, or Cul-de-sac "T" Street at "A" Street with an emergency
vehicle access through "T" Street to "A" Street. The cul-de-sac Must
be limited to a maximum length of 700-feet unless emergency access
is provided at the east end of"T" Street. (The attached study by the
applicant satisfies this requirement)
J. The applicant shall provide adequate vehicle storage at entry gates
and design provisions Intc the site plan to expand im11-ess capacity, by
Installing a third entry gate north Or south Of the ECCID Canal
(FINDING FOR IMPACT 953, MM E.c.)
The present design of"C" Street access to B1x1er Road shown in the
vicinity of Lot K IS unacceptable, This intersection must be
redesigned to provide adequate stacking length and enable vehicles
mistakenly entering this access to tL11-11a1-OUnd, The redesign shall be
subject to the approval of Public Works, OR, AS AN ALTERNATE,
The applicant shall relocate this Bixler Road access to the north side
of the ECCID Canal off of"A" Street near Lot "S". The design shall
be subject iect to the review Of Public works and the review and approval
of the Zoning Administrator.
D5-
35
However, a temporary secondary access may be allowed at "C" Street
based on redesign, subject to the review and approval of Public
Works.
k. Provide traffic control signage at the easterly "A" Street - "G" Street
intersection (EIR Mitigation Measure RMC1r-27) (FINDING FOR
I
INTACT 456, MMH.c.)
1. Prohibit all single family residential driveway access onto collector
or arterial roads that provide project-wide circulation, subject to the
approval of Public Works (Mitigation Measure RMCir-29)
(FINDING FOR INTACT 958, 1\4MJ.c.). Single family residential
driveway access will be permitted along the south side of T" Street,
provided that the north side is signed for "No Parking(,".
rn. Provide additional detail on the Fallman Boulevard entry feature,
subject to Public Works review and approval.
n. Vertical rise garage doors with automatic garage door openers shall
be installed where garages are 20-feet or less from the road easement.
C 1_�
0. The applicant shall construct the "B" Street bridge to accommodate
potential trail uses within the ECOID Canal.
2) Sight Distance (Private Streets):
a. In accordance with Caltrans standards provide for adequate stopping
sight distance at:
C
Village ll: "C" Street at "I" Street and at "KKK" Street.
V11la(_,,e 11V "A" Street at "W" Street, at the relocated "T"
Street, at "1313" Street, and at TF Street;
"1313" Street at "DD" Street, and "U" Street at
"T" Street.
Vilia,—'e 1\/: "A" Street at the relocated "S" Street,
at "0" Street, at "M" Street, at "Y
Street, and at "NN" Street.
b. In accordance with Caltrans standards provide for adequate stopping
sight distance along "A" Street and "C" Street for a design speed of
45 miles per 1101.11-where feasible, and not less than a 35 mile per hour
design speed, SLIt).*CCt to the review and approval Of Public Works.
36
The CC & Rs shall include specific provisions to maintain the area
outside of the road easement, needed to provide this design speed, so
that sight distance will not be obstructed.
3) Pedestrian/Bicycle Improvements
a. The design of community facilities, such as "park and ride" lots,
clubhouses or community parks, shall provide for and encourage the
use of bicycles. At a minimum this shall include bicycle racks and/or
bicycle lockers at the primary gathering points in the project. The
number of bicycle racks and/or lockers shall be subject to the review
and approval of the Zoning Administrator.
b. Provide bike paths or lanes with a minimurn width of 5-feet on "A"
Street, "B" Street, "C" Street, "G" Street, Fallman Boulevard and "I"
Street throughout the project. Prohibit parking on these streets to
ensure adequate bike lane widths, or provide adequate additional
width for on-street parking.
C. Construct a 10-foot pedestrian/bicycle path within sidewalk ease-
ments adjacent to "B" Street fi-om "C" Street to "A" Street, and along
"I Street to provide for adequate bicycle and pedestrian access.
Where a 10-foot pedestrian/bicycle path is provided adjacent to "A"
Street or "C" Street which are proposed to have a bicycle path or
lane, the roadway width may be reduced from a 36-foot road width
to a 34-foot road width.
d. The applicant shall construct 6-foot 6-inch sidewalks on: Fallman
Boulevard fi-om Bixler Road to the easterly portion of"A" Street; and
"G" Street from the easterly portion of"A" Street to the marina.
e. Two way bike/pedestrian paths shall have at least a 10-foot paved
width with two foot clear zones on each side (FINDING FOR
IMPACT 965, MM a.c.).
f All sidewalk shall be at least 5-feet 6-inch wide (width measured
from curb face). match County standard widths in effect at the time
of filing the Final )\lap.
4) Storm \Fater (Private Drainage Facilities):
37
a. All storm waters entering or originating within the subject property
(including the outside slopes of the levee) shall be conveyed, within
an adequate storm drainage facility, to an adequate man-made
drainage system or to a natural watercourse. The pump station
location and design shall be subject to the review of the Public Works
Department, and the proposed maintenance entity, such as a home-
owners association, subject to the review and approval of the Zoning
Administrator.
b. Stormwater fi-om the lake system in Villages 11, III and IV shall be
collected and conveyed in a private storm drainage system. Where
pumping is required at high tide to discharge stormwater from the
leveed area to Dred(uer Cut or from the outside of the levee to
Dredger Cut, the pump system shall have an emergency pumping
system subject to the review and approval of the Zoning
Administrator, OR, the storm drainage system shall be designed as a
passive weir system for gravity flow drainage which will not result
in flooding of homes based on the 100-year storm. If a pump system
is utilized to discharge stormwater into Dredger Cut, it shall be
designed to operate considering anticipated sedimentation of the lake
system and an emergency pumping system.
5) Agriculture Access (From Private Roads):
a. Provide at least a 12-foot private road in a 20' minimum access
easement to Lot GG and Lot HH from the southerly portion of
Village III and the northerly portion of Village IV (EIR Mitigation
Measure RMCir-32). The access shall be improved as a 12-foot
(Traveled roadway (FINDING FOR IMPACT 461, MMM M.c.). The
applicant shall grant rights to the property owner to the east to allow
access from Bixler Road for at least a 12-foot mininunn width access
road throw_7h the project site, subject to the approval of Public Works.
The access shall be along feasible alignments, outside of wetland
areas (e.g., along subdivision streets).
6) Lake Management (Private Facilit_y):
a. Submit a Lake Management Program prepared by a professional in
the field which clearly specifies the following: the design parameters
for the lake system; anticipated problems and proposed methods of
maintenance. The anticipated problems shall include, but not be
limited to, control of undesirable algae and plants, control of high
nutrient levels, maintenance of adequate oxygen levels; need for
periodic dredging, and potential need for cleaning up roadway
D. 60
38
contaminants and household contaminants which may drain into the
Lake prior to discharging the stormwater into Dredger Cut. Provide
a maintenance entity, such as a homeowners association, which
includes provisions to assure perpetual maintenance (EIR Mitigation
4.1-7).
b. The lakes shall incorporate a water circulation system capable of
pumping the quantity of flow necessary to sustain water quality and
accommodate the 100-year storm based on the proposed lake
configuration (FiNDING FOR IMPACT 9l, MM c.).
C. Downstream drainage facilities shall be designed to collect and
convey the stormwater flow based on the design storm. If the lakes
are to function as detention basins with this development, they must
be sized in accordance with Title 9 of the Ordinance Code (FINDING
FOR IMPACT 984, Mmc.). The lake/detention basin will be
maintained by a homeowners association and will not be publicly
maintained.
d. Provide screens on the lake circulation system and provide catch
basins for run-off into the marina to screen floating trash from
entering the lakes and the Delta, and implement passive "best
management practices" such as the labeling of storm drains to reduce
dumping (EiR Mitigation Measure 4. 1 - 10) (FINDING FOR
IMPACT 45,
e. Prior to recording, Final Maps for each of the Villages II, III and IV,
the applicant shall complete a bank scouring and erosion study of
impacted segments of Dredger Cut and Kellogg Creek analyzing
project impacts resulting fi-om marine traffic and lake circulation.
The study will be subject to the review and approval of Public Works.
The applicant shall implement mitigation measures before approving
the second Final Map for each of the Villages II, III and IV if any
significant impacts are identified.
f. The applicant shall submit the final groundwater monitoring plan for
review by a Reclamation District and the review and approval of the
Zoning Administrator prior to beginning any construction that require
dewatering to commence.
7) Marina (Private Facility):
Provide catch basins for run-off to the marina to screen out floating trash
(EiR Mitigation Measure 4. 1-10).
39
8) Emergency Access (Private Roads):
Provide emergency access points at or near the following points in
coordination with the fire district, subject to the review and approval of
Public Works. The emergency access points shall be gated and locked unless
they are combined with a regular project access. The emergency access
roads shall be at least 20-feet wide, capable of supporting loads of at least 20
tons in all weather conditions, and, if gated and locked, the fire district shall
be provided a master key (EIR Mitigation Measure RMCir-33).
a. From Bixler Road to "C" Street near the northwest corner of Village
II (EIR Mitigation Measure RMCir-33) (FINDING FOR IMPACT
462, MNI O.c), and also near the southwest corner of Village II.
b. From Bixler Road to "A" Street at:
* The southwest corner of Village III (EIR Mitigation Measure
RMCir-33) (FINDING FOR IMPACT 962, MM O.c.).
* The northwest corner of Village Iy' (EIR Mitigation Measure
RMCir-33) (FINDING FOR IMPACT 462. MM O.c.).
9) Maintenance (Private Facilities)
a. Applicant shall establish covenants, conditions and restrictions for
the development that clarifies the management of all lake
improvements, private road, private storm drainage, levees, certain
Iightin- landscaping and marina facilities within the private portion
of the development .will be maintained. through a maintenance
aureement, by the homeowners N,,ithin the development via the
homeowners association, or another entitw. subject to the review of
the Zoning Adminishator.
b. Prior to filing the first final map, the applicant shall provide a list of
facilities proposed to be maintained by either a public or private
entity. This list shall be subject to the review of Public Works.
E. GENERAL REQ111RENIENTS:
1) Roads
a. Submit a preliminary sketch plan and protile and alignment analysis
to Public \Vorks for the following roads. showing the horizontal
alignment and analyzing the roadway structural sections to determine
Y• y
40
the feasibility of salvaging the existing pavement. The analysis of the
roadway structural section shall include appropriate cores, deflection
tests, R-Value tests, and estimates of anticipated traffic with
construction and ultimate development under the County General
Plan.
* Bixler Road from the project to State Highway 4.
* Point of Timber Road from the project to State Highway 4.
The sketch plan shall extend a minimum of 150-feet beyond the
limits of the proposed work. If the grade at the project's frontage is
unacceptable, the applicant shall level, or remove and replace the
pavement, as necessary. The sketch plan shall also show that
adequate sight distance will be provided. An exception to allow a
0.75% minimum grade may be allowed subject to the review and
approval of Public Works.
b. Applicant shall provide deed notification to those parcels that abut
roads that are to be extended in the future. The applicant shall install
signage at the end of the roads to inform prospective property owners
that the roads may be extended in the fi►ture.
C. Submit improvement plans and pay inspection fees and plan review
fees prior to tiling of the appropriate Final Map.
2) Drainage:
a. Storm drainage facilities required by the Ordinance Code shall be
designed and constructed in compliance with design standards of the
Public Works Department.
b. The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off from public
streets to a natural watercourse or an adequate man-made drainage
facility.
C. All storm water arriving at the outside of the levee system around
Villages 11, 111 and 1V and the stormwater arriving at, and originating
on Village I shall be collected, conveyed and directed in a storm
drainage system dedicated to the County. The drainage facilities
shall be designed to convey stormwater from the west in accordance
with the Ordinance Code (FINDING FOR IMPACT 954, MM c).
The applicant shall provide additional drainage facilities (per figure
D.s
41
4.1-4 of the EIR) to direct all existing drainage and irrigation west of
Bixler Road through and/or around the project to compensate for the
obstruction of flow to surface drainage created by the project and
ensure that the area west of Bixler Road is not adversely impacted
(FINDING FOR IMPACT 41, MMI.C.2.).
Prior to submitting the first Final Map, the applicant shall submit the
proposed drainage plan to convey off-site drainage and irrigation
west of Bixler Road through or around the project site along with
supporting hydrology data subject to the approval of Public Works
(EIR Mitigation Measure 4.1-7) (FIN'DING FOR IMPACT 91).
d. Conveying storm waters in an adequate storm drain to an irrigation
district facility is acceptable provided: the developer obtains a letter
from the irrigation district accepting the storm waters; the irrigation
district owns fee title to the drainage facility from the point of
discharge to the natural watercourse; and, the drainage facility is
shown to be adequate to handle the design storm, plus the district
irrigation flows. The analysis shall consider the presence of low
spots in the irrigation district canal which may affect the system's
capacity. The applicant shall provide substantiation that reasonable
backup measures such as a diesel or gas fueled back up pumping
system, are in place in case of pump failure and/or power failure.
The back up puizlps are only required if pumping is necessary to drain
the canal flows.
The applicant shall submit written confirmation that the irrigation
district will accept the additional stormwater flows from this property
based on ultimate development of the watershed.
e. Storm drainage originating on the property and conveyed in a
concentrated manner shall be prevented from draining across the
sidewalks and driveways.
f. Utilize NPDES passive best management practices such as labeling
the storm drains for no dumping. (EIR Mitigation Measure 4.1-10)
3) Project Levees (Private Facilities):
a. The applicant shall provide a plan for maintenance of the levees and
identify a maintenance entity, such as a homeowners association,
acceptable to the Public \\'orks Department, which includes
provisions for perpetual maintenance prior to filing a Final Map in
Villages 11, 111 or I (EIR Mitigation Measure 4. 17).
D>*50"
42
b. Levees shall be elevated to at least elevation 11.9 feet rnean sea level
with provision for the ability to elevate the levees to at least 12.9 feet
mean sea level around Villages II, 11I and IV and in accordance with
FEMA regulations (assuming anticipated subsidence and sea level
rise).
C. The proposed levee system around Villages II, 11I and IV shall be
constructed to FEMA, U. S. Army Corps of Engineers, Zoning
Administrator and County standards. The levee system shall be
maintained by the homeowner association.
d. Landscaping of the levees shall be subject to the review of FEMA
and the entity which will accept the levees for maintenance, and the
review and approval of the Zoning Administrator.
e. Provide deed notification and CC K Rs for elevation restrictions on
applicable lots to prevent degradation or work which may adversely
impact the levee system, and provide for raising levees.
f The developer shall be aware that the levees protecting a portion of
this development are subject to failure if not properly maintained.
The developer shall execute a mutually agreeable recordable
document with the County which states that the developer (and the
owner and the future owners of the property) will hold harmless
Contra Costa County and the Contra Costa County Flood Control and
Water Conservation District in the event of damage to the on-site
improvements as a result of levee failure.
4) Floodplain Management:
a. Villages 11, til and IV shall be protected by a levee constructed to at
least elevation 11.9 ft. mean sea level i.vith the ability to elevate to
12.9 feet mean sea level and elevated further in accordance with the
County Floodplain Management Ordinance. Homeowners shall be
advised through a deed notification of the potential sea level rise.
(FINDING FOR IMPACT 44, MN14.C. I.),
5) Creek Structure Setback:
a. Applicant shall create "structure setback lines" over that portion of
the site that is within the structure setback area of the watercourses
traversing the northerly property line, Dred-er Cut along the easterly
property line, and am existing natural watercourses through this
development. The structure setback area shall be determined by
D. 5'
43
using the criteria outlined in Chapter 914-14, "Rights of Way and
Setbacks", of the Subdivision Ordinance. "Development rights" shall
be conveyed to the County by grant deed.
b. If sections of roadways fall .within the structure setback area as
defined by the Ordinance Code, then the applicant shall submit a soils
and geotechnical report verifying the stability of the creek bank in the
vicinity of the public or private access roads.
6) Sanitation District 19 Requirements:
a. Applicant shall complete and have fully operational the replacement
for well 44 prior to issuance of the first Building Permit.
b. Annex the project into Sanitation District No. 19 and execute a
master service agreement calling for the applicant to provide or pay
for its fair share of the expansion of facilities necessary for the
additional wastewater and water-facilities. (FFNTDTNG FOR IMPACT
483, NIM.c.). Applicant shall comply with the requirements of
Sanitation District No. 19 Ordinance and the Central Contra Costa
Sanitary acceptable to the Public N,\Iorks Department, which includes
provisions for perpetual maintenance prior to filing? a Final Map in
Villages II, Ill or IV (EIR Mitigation \Measure 4. 1-7).
C. Sewage treatment and disposal for the project shall be provided by
Contra Costa County Sanitation District No. 19. All sanitary sewer
facilities serving the project shall be connected to the District's
collection system. The applicant will be required to obtain a
Sanitation District permit to dischar-e sewage into the sewage
system. The applicant shall be required to pay for the fair share of
any studies required to accommodate this project.
d. Domestic water supply shall be provided by Contra Costa County
Sanitation District 19. All domestic \\at& facilities serving the
property shall be connected to the District's distribution system. The
applicant .will be required to obtain a Contra Costa County Sanitation
District 19 permit to connect to their existing well water system and
comply xwith any District requirements relative to its fair share
obligation to provide increased water supply.
e. The applicant shall participate in Contra Costa County's Sanitation
District 419 adoption and implementation of a water supply moni-
toring and management program (FINDING FOR CUMULATIVE
IMPACTS ON WATER SUPPLY AND QUALITY, NIM.c.).
44
f The applicant shall submit the final groundwater monitoring plan for
review by a Reclamation District and the review and approval of the
Zoning Administrator prior to beginning any construction that require
dewatering to commence.
g. Applicant shall complete and have fully operational the replacement
for Well 94 prior to issuance of the first building permit.
7) Reimbursement:
a. Certain required road improvements may be eligible for credit or
reimbursement against .Area of Benefit fees. The developer shall
contact the Public Works Department, Transportation Engineering
Division, to verify the extent of any credit or reimbursement for
which the applicant might be eligible. Prior to constructing any
public improvements, or filing of any Final Map, the applicant shall
execute a credit/reimbursement agreement with the County. No
credit or reimbursement will be available for any improvements
installed prior to execution of the credit/reimbursement agreement.
Credit will only be given for monies that are programmed within the
next three fiscal years. Any credit or reimbursement shall be based
on the cost estimates included in the Area of Benefit Development
Program Report only in proportion to each specific Area of Benefit
improvement \N hich the applicant is installin`_.
b. The applicant is also eligible for reimbursement from adjacent and
nearby future developments as outlined in E.7)c. below. If the
applicant requests reimbursement from the County from future
development, the applicant shall be required to pay the County for
administrative costs associated with these reimbursement agreements.
The applicant shall pay the Public Works Department, Engineering
Services Division, at least S 1,000 or as necessary to cover expenses
as they are incurred, whichever is greater, for administration costs for
each reimbursement agreement.
C. The applicant shall be eligible for the following reimbursement
agreements:
Should applicant install the State Highway 4/131xler Road
signalization and channelization improvements. The costs,
above the applicant's 50% obligation towards the traffic
signal, are subject to reimbursement. These fiords may be
deposited by property owners at the intersection.
P. 5"
45
Installation of any frontage improvements along the frontage
of the Evan's or other properties fi-ontincy=1 on public roads.
Installation of off-site road Improvements not covered by an
area of benefit, but covered by the Project Traffic Mitigation
Fee paid by the applicant and collected by the County, may
be credited toward the applicant's Project Traffic Mitigation
Fee, subject to the approval of Public Works.
d. The County will also cooperate with the applicant to "call" certain
Deferred Improvement Agreements (DIAS) which may exist on
SUrl-OLInding properties to facilitate and expedite the construction of
facilities whose installation IS now justified.
Miscellaneous:
a. Prior to Issuance of Building Permits, with the exception of model
homes, file the Final Nlap.
b. Improvement plans prepared by a registered civil engineer shall be
SUbmitted to the Public Works Department, Engineering Services
Division, along, with review and inspection fees, and Security for all
Improvements required by the Ordinance Code for the conditions of
approval of this subdivision. These plans Shall include any necessary
traffic signage and striping plans for review, by the Transportation
Enuineerim-, Division.
c. An encroachment permit for COI1StI_UCtIOI1 within the State right of
way shall be obtained fi-0111 Caltrans thl-01-1011 the Public Works
zn�
Department, Engineering Services Division
& Obtain an encroachment permit from the Application and Permit
Centel- for COnStRIC11011 of driveways, or other Improvements within
the right of way of public roads which are to be Improved with minor
improvements not reqU11-1110 an Improvement plan.
e. Applicant shall comply With the County TDN4 Ordinance and the
Growth Management PI-0111-arn I-ellUlatIO1115, regarding transportation.
TDM measures that could be used by the project applicant include
the provision of maps Showing available transit routes, and providing
information to prospective home buyers on ride sharing and vanpool
Services,
Y. J
46
f. All public and private pedestrian facilities and access ways shall be
designed in accordance with Title 24 (Handicap access) and the
Americans with Disabilities Act. This shall include all sidewalks,
paths, trails, driveway depressions, as well as handicap ramps.
Provide a minimum clear width of 3.5 feet for all sidewalks. If a
pole, utility facility, street sign or any other obstruction is located in
a walkway, such that there is not a 3.5 foot clear width, then the
walkway shall be widened as necessary. A note reflecting this
condition shall appear on the typical section on the improvement
plan.
g. Applicant shall furnish proof of the acquisition of all necessary rights
of way, rights of entry, permits and/or easements for the construction
of all temporary or permanent, road, drainage and marina improve-
ments.
h. Prior to filing of the first Final Map, the applicant shall pay the
County for all Public Works and Community Development staff time
for work reviewing and commenting on this project through the
planning, and approval process which has not been covered by the
application fees previously paid by the developer for this purpose.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORINIING THE APPLICANT OF ADDITIONAL
ORDINTANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. The project lies within the 100-year flood boundary as designated on the Federal Emergency
Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood
Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-
118) as they pertain to future construction of any structures on this property.
B. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systems (NPDES) for nnrnicipal, construction and
industrial activities as promulgated by the California State Water Resources Control Board,
or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or
Central Valley - Region V).
DS
47
C. Applicant shall comply with the requirements of Sanitation District No. 19 and Delta-Diablo
Sanitary District specifications and requirements.
D. This project may be subject to the requirements of the Department of Fish and Game. It is
the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within this development that may
affect any fish and wildlife resources, per the Fish and Game Code.
E. This project may be subject to the requirements of the Army Corps of Engineers. It is the
applicant's responsibility to notify the appropriate district of the Corps of Engineers to
determine if a permit is required, and if it can be obtained.
F. The applicant is advised that the tax for the police services district is currently set by the
Board of Supervisors at $200 per parcel annually (with appropriate fixture Consumer Price
Index [CPI] adjustments). The annual fee is subject to modification by the Board of
Supervisors in the fixture. The current fee for holding the election is S800 and is also subject
to modification in the future. The applicable tax and fee amounts will be those established
by the Board at the time of voting. The applicant is advised that the election process takes
from 3 to 4 months and must be completed prior to recording the Final or Parcel Map. An
additional tax may be required for marine patrol.
G. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures.
H. Comply with the ordinance requirements of the Health Services Department, Environmental
Health Division and Hazardous Materials Division.
L Comply with the ordinance requirements of the East Diablo Fire Protection District.
AB/aa
RZI:C2963.AB
2/24/95
3/29/95
4/3/95 - EC (a)
5/31/95
5-6-96 - DF
7/9/96 - BS (a)
ATTQC�MENT "B" D. ,,
Changes to Attachment B for May 21 , 1996 Board Order
DesignatieR to A-2 andA-3:.zoning to resideRti 1, ren ♦' n I rd .�ntheF uses R.4
Planned Unit Development .
)
_.: ; .
The Hofmann Company project, whish feFmr, the laFgest blgrk 9f PaFeels,
proposes to build a water-oriented residential community of 2,000 homes in four
sections ("Villages"), a marina occupying a total of 12 acres plus an access Channel,
an athletic/recreational facility occupying six acres in Village II, and associated
infrastructure including 16.5 acres of space for an elementary school, park, community
center and a fire station in Village I. Village I would have public streets while the other
three Villages would be private gated communities.
HAS :ALREADY BEEN REZONED.
............................................................
The first phase of the development would be Village I 44d;it
}� iAW 4N64im encompassing approximately 97 acres and 334324
housing units with a net residential density of 644-7.,J., units per acre. Village I is
proposed to include a school and park site, and a fire station. Villages II, III and
IV are the only phases of the project that are being rezoned at this time.
[Densities and Unft Counts Changed and Paragraph Rearranged Villages II, III,
and IVwould follow the construction of Village I.
Each of the Villages, II through IV, would contain a lake site of a approximately 20
acres. Village II is approximately 137 acres with 519 housing units at a net residential
density of 5.9 units per acre west of the lake and 4.3 units per acre east of the lake.
Village III is approximately 152 acres with 601 housing units at a net residential
density of 6.2 units per acre west of the lake and 4.3 units per acre east of the lake.
Village IV is approximately 160 acres with 556 housing units at a residential density of
6.2 units per acre west of the lake and 4.3 units per acre east of the lake. Further,
the project provides open space in the form of linear corridors along the utility
easements and the Fallman canal. It also provides open space on approximately 200
acres east of Villages III and IV, at the north end of Village IV, on the areas
surrounding the lakes in Villages II, Ill, and IV, at the southeast corner of Village 1, and
various other landscaped areas through out the project. The total amount of this open
space is approximately 320 acres.
B. Project Approvals
Discovery Bay West has requested three sets of approvals from Contra Costa
County to accommodate the development of the ProjLct.
a. General Plan Amendment
As described above, Discovery Bay West has-applied for an amendment to the
County's general plan (the "GPA"). As discussed above, the GPA applies to both the
Hofmann project as well as other properties within the GPA area but not included in
the Hofmann development. The East Contra Costa County Planning Commission (the
"Planning Commission") held a public hearing on December 5, 1994, at which time the
DHu\33390 5
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