HomeMy WebLinkAboutMINUTES - 08051997 - D7 \ •-' 'i Contra
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T0: BOARD OF SUPERVISORS °� tee., ; e� County
FROM: HARVEY E. BRAGDON �o•. - - '�
DIRECTOR OF COMMUNITY DEVELOPMENT SrA c-----
DATE : July 30, 1997
SUBJECT: August 5 , 1997 Hearing of the Appeal of Wayne Tooker, Sierra Club -
Bay Chapter, and Save Our Danville Creeks on the County Planning
Commission Approval of THE MEADOWS Final Development Plan File
#DP953090 and Vesting Tentative Map File #SD958000 (Kaufman & Broad,
Inc. Applicant & Owner) in the Danville/Tassajara area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &. BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Option A items listed below.
OPTIONS
Option A - (Sustain County Planning Commission Approval and Deny
the Appeal)
1 . Certify the Tassajara Meadows Final EIR as adequate for
purposes of compliance with the California Environmental
Quality Act (CEQA) for the Final Development Plan, File
#DP953090, and Vesting Tentative Map, File #SD953090, ; adopt
the Findings- and Statement of Overriding Considerations
documenting compliance with CEQA contained in Exhibit D; re-
adopt the Mitigation Monitoring Program previously adopted for
this project ; and direct staff to file a Notice of
Determination.
2 . Adopt the project findings in support of approval of the Final
Development Plan, File #DP953090, and Vesting Tentative Map,
File #SD958000., contained in. Exhibit C.
3 . Approve Final Development Plan #DP953090 with conditions as
set forth in Exhibit A.
4 . Approve Vesting Tentative Map #SD958000 with conditions as set
forth in Exhibit B.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM TEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON August 5, 1997 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT II TRUE AND CORRECT COPY OF AN
AYES : NOES : ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact : Bob Drake (335-1214)
Orig: Community Development Department ATTESTED Au=tt5, 1997
CC: Kaufman & Broad, Inc . PHIL BATCHELOR, CLERK OF
Wayne Tooker THE BOARD OF SUPERVISORS
Town of Danville AND JO7TY AD�STRATOR
Public Works Dept .
County Counsel BY , DEPUTY
c : \wpdoc\sub8000 .bo 0
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Appeal of The Meadows Project
Danville/Tassajara Area
5 . Deny the appeal of Wayne Tooker, Sierra Club - Bay Chapter,
and Save Our Danville Creeks .
option B - (Grant the Appeal and Deny the Project)
Adopt a motion:
1 . Indicating the Board' s intent to:
a. Grant the Appeal of Tooker, Sierra Club - Bay Chapter and
Save Our Danville Creeks .
b. Disapproval of The Meadows Final Development Plan and
Vesting Tentative Map.
2 . Continuing the hearing to an appropriate date to allow for
staff preparation and Board consideration of draft findings on
which to base a disapproval of the two applications .
FISCAL IMPACT
None . The applicant is responsible for staff costs above 1200 of
the initial filing fees for this project .
BACKGROUND
This appeal pertains to an approximate 45-acre parcel adjoining the
east side of the Town of Danville at the southeast corner of the
intersection of Lawrence Road and Camino Tassajara. Except for a
hill (that the applicant proposes to grade flat) , the site is
essentially level .
The Board of Supervisors considered an earlier version of this
project on May 6, 1997 . At that time, the Board voted 4-1
(Supervisor Gerber dissenting) to:
• adopt the Tassajara Meadows General Plan amendment
redesignating the 45-acre site from Agricultural Lands to
Single Family Residential - High Density and Public/Semi-
Public uses; .
• rezone the site from Heavy Agricultural, A-3 , to Planned
Unit District, P-1; and
• approve a preliminary development plan for a 192-unit
single family residential development and an 8-acre
park/school site.
The Board also accepted as adequate for the purposes of compliance
with the California Environmental Quality Act (CEQA) , the Camino
Tassajara Final Environmental Impact Report, and adopted findings
and mitigation monitoring program for the general plan amendment,
rezoning, and preliminary development plan approval .
It should be noted that while the prior approval was granted for
the preliminary development level of entitlement, the information
that was included with that application was nearly equivalent to
the standard requirements of a final development plan and tentative
map applications . The road alignments and designs, and lot
configurations were all included with the earlier version of the
project . The applicant had elected not to go forward with the
hearing on the final development plan and vesting tentative map to
allow for preparation of residential design details .
Internal Pedestrian Connection - One of the modifications approved
by the Board was, at the applicant' s request, the elimination of a
pedestrian walkway to join G Court with A Street and provide easier
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Appeal of The Meadows Project
Danville/Tassajara area
access to the school/park for residents along the southern tier of
the project . The Commission had recommended that the project be
conditioned on the provision of such a walkway. The applicant was
concerned that such a walkway might constitute an attractive
nuisance.
Following the Board' s approval, the applicant modified their Final
Development Plan and Vesting Tentative Map exhibits to make them
consistent with the Board action.
Commission Hearing
On June 23 , 1997, the County Planning Commission conducted a
hearing on the proposed Final Development Plan and Vesting
Tentative Map for the Meadows project . The San Ramon Valley
Regional Planning Commission also participated in the hearing in an
advisory capacity to the County Planning Commission. The modified
Final Development Plan and Vesting Tentative Map site plan are
virtually identical to the previous Preliminary Development Plan
site plan. After completing testimony, the Commission closed the.
hearing and continued the matter to allow for submission of design
details from the applicant including a House Plotting Plan for the
project .
On July 8, 1997, after reviewing additional plan documents
submitted by the applicant, the County Planning Commission voted 5-
1 (Clark, dissenting; Gaddis, absent) to approve the project .
It should be noted that at the Commission' s request, the applicant
provided for a 6-foot walkway joining G Court and A Street in the
House Plotting Plan, and the project was so conditioned. (See COA
#1 of the Subdivision Permit, pg. SUB-5 . )
The San Ramon Valley Regional Planning Commission commented as
individual Commissioners on the project . The Regional Planning
Commission was also provided an opportunity to act collectively on
the proposed project in the event of an appeal, but declined to do
so.
LETTER OF APPEAL
On July 16, 1997, the Community Development Department received
an appeal of the Commission' s approval of the project from Wayne
Tooker, Jim Blickenstaff (Sierra Club - Bay Chapter) , and Linda
Lemon (Save Our Danville Creeks) . The appeal is concerned with
several aspects of the project including proposed drainage from
the site; effect on protected amphibians; the appearance of the
project; and deed disclosure of surrounding activities .
APPLICANT RESPONSE
In a letter dated July 25, 1997, the Applicant' s legal counsel,
dated July 25, 1997 has responded to the points in the appeal
letter.
DISCUSSION
Staff responds to each of the appeal points below. The responses
are organized by subject matter rather than the sequence in which
they were listed in the appeal letter. It should be noted that
the issues that have been raised are similar to ones that were
raised in testimony to the Commission.
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Appeal of The Meadows Project
Danville/Tassajara Area
A. Water Quality.
1 . Appeal Point - Vague and/or ineffective on-site
mitigation for water quality. No on-site detention
basin for. . . water quality. The use of grassy swales
alone as water quality mitigation is of limited
effectiveness.
Staff Response - The goal of any storm water plan for
construction and long term water quality protection for
a watershed impacted by new development, is to reduce
or eliminate certain impacts to water quality and local
habitat . These are not new ideas within the
environmental field. The term BMP or Best Management
Practice is used to represent a measure or method used
to protect water quality on either a short term
(erosion and sedimentation during construction phases
of the project ) or perpetual basis (grassy swales
which are used to filter pollutants from the roads and
yards adjacent to the swale . ) In any case, an impact
is defined and a mitigation measure commensurate with
the impact is enforced in the conditions of approval .
Each storm water plan must be tailored to the contours,
soils, habitat and development type . So each plan must
fit both the site and its proposed modifications .
Measures like dry wells, would not be a good measure to
use in an area prone to slides . However, surface
infiltration through pavers and other pervious
materials may not be unreasonable for ancillary
structures like walks and patios . In addition, grassy
swales and small wetland basins could be used to reduce
or eliminate sedimentation of existing local
watercourses and could also filter some pollutants
inherent in the introduction of new growth into a
watershed.
Finally, because these BMPs are contingent on the final
site design, staff has allowed for flexibility and
innovation. Staff firmly recommends that a complete
and cohesive plan to address impacts to water quality
be developed. But this concept must be balanced to the
allow the developer' s engineers and environmental
planners flexibility to create new systems that may be
more effective in protecting water quality than the
rote methods referred to above. (See COA #120, pg.
SUB-36 of the Subdivision Permit)
3 . Appeal Point - Potential for damage to Alamo Creek
including . . . contamination from pollutants.
Staff Response - Refer to item #1 above .
B. Drainage.
1 . Appeal Point - No on-site detention basin for
flood control . . . "
Staff Response - Build out of the project will result in
an increase in impervious surface and therefore an
increase in storm water run-off from the site and
ultimately, an increase in flow within Alamo Creek
downstream. As agreed to by Contra Costa and Alameda
Counties, Alamo Creek shall be limited to a maximum flow
of 132 .3 cubic meters per second (4670 cfs) at the County
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Appeal of The Meadows Project
Danville/Tassajara area
line. To mitigate this project' s increase in storm water
run-off, the conditions of approval require that the
applicant select one of three options . (See COA #113 and
#114 of the Subdivision Permit, pg. SUB-33)
The first alternative requires that an on-site detention
facility be constructed to reduce post-development flows
to pre-development levels . The Development Plan and
Tentative Map do not provide for an on-site basin. If a
basin were to be constructed, this would require a
modification of the Development Plan and Tentative Map.
The second alternative allows the applicant to approach
and enter into agreements with other developers within
the Alamo Creek watershed to size their basin(s) to
reduce this projects downstream impacts and insure that
the flow at the county line is not exceeded. The
applicant would be required to demonstrate that they have
obtained all necessary agreements with and rights from
those developers that are cooperating with the applicant.
A third alternative allows the applicant to drain into
the Lawrence Road Benefit District storm drain system.
Storm water run-off from this project has been
incorporated into the sizing of the Lawrence Road storm
drain line . Drainage from this system will be mitigated
through the use of downstream detention facilities within
the Dougherty Valley project . The applicant will be
required to form or annex to an existing benefit
assessment district to collect revenue to help maintain
the downstream detention facilities .
The Flood Control District does not maintain basins less
than 18, 500 m3 (-15 acre-feet) in size. If an on-site
basin were constructed, it' s size may not meet this
criteria. The basin would therefore have to be maintained
through some other maintenance entity. The Flood Control
District recommends that drainage be mitigated through
larger more regional type facilities rather than numerous
individual, privately maintained basins. Therefore, the
third alternative is preferred.
2 . Appeal Point - Participation in an unmitigated drainage
plan for the Lawrence Road Benefit District.
Staff Response - The Lawrence/Leema Specific Plan was
approved prior to the initiation of hydrology studies for
the Dougherty Valley project . The Dougherty Valley
drainage study considered the Specific Plan area to be
existing development and therefore included in the
existing condition flow calculations for Alamo Creek as
it enters the Dougherty Valley project . The detention
basin plan for Dougherty Valley therefore accounts for
storm water run-off from this project as well as the rest
of the Lawrence/Leema Specific Plan area.
3 . Appeal Point - Potential for damage to Alamo Creek
including severe erosion. . .
Staff Response - The conditions of approval require that
the applicant retain a licensed geotechnical engineer to
perform a study which analyzes slope stability, allowable
creek velocity and erosion potential within Alamo creek,
downstream of the project, where peak run-off and run-off
volume has increased because of the project .
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Appeal of The Meadows Project
Danvllle/Tassajara Area
6 . Appeal Point - Potential for destruction of property and
harm to property values south of Danville's planned
drainage into Alamo Creek.
Staff Response - The conditions of approval require that
the applicant submit a drainage study which analyzes
existing, interim and ultimate drainage conditions and
facilities as well as the feasibility of the plan to
provide necessary drainage mitigation. The impacts from
existing drainage facilities and implemented mitigation
on watercourses downstream of the project and at the
County line must also be addressed.
C. Impact on Protected Animal Species
4 . Appeal Point - Potential for damage to red-legged frog
and Western Pond turtle habitat.
Staff Response - The site does not contain any riparian,
pond or other aquatic habitat area. A 1995 biotic
resources study on which the EIR was partially based
reported the lack of any permanent or long term seasonal
water habitats on or immediately adjacent to the site,
and therefore concluded that the presence of any
amphibians or turtles was precluded. (See pg. 4 of the
Biotic Survey Report of the Corrie Property prepared by
Dr. Samuel McGinnis, August 4, 1995)
5 . Appeal Point - Potential for "take" of red-legged frog.
Staff Response - See response to Appeal Point #4 above.
D. Visual Impact of Project as Seen From Camino Tassajara
7 . Appeal Point - Weak Conditions of Approval that will
allow excessive negative impacts to view-shed along
Camino Tassajara. These include allowance of a large
number of two (2) story buildings along their frontage
and along the eight (8) acre school/park site. Harsh and
inarticulate wall massing on sides and backs of houses.
Staff Response - The project as proposed and conditioned
will result in an attractive view as seen from Camino
Tassajara.
The applicant has provided a Landscape Concept Plan dated
received by the Community Development Department on
January 29, 1997, and 5/28/97 Site Plan providing for a
min. 38-foot buffer from edge of road along Camino
Tassajara. Of the 38-foot buffer, a varied width (23-27
feet) will consist of a landscaped planter area in front
of both the proposed school/park site and proposed
residential lots. Landscape Improvements in front of the
school/park site will have to be determined by the
ultimate user of that site. However, for the section of
Camino Tassjara abutting the residential lots, the
applicant has proposed landscape improvements consisting
of a combination of trees (minimum 15-gallon and 24-inch
box sizes) shrubs, and ground cover. The planter slopes
upwards to the residential lots . The plans also provide
for a six-foot decorative soundwall as conditioned (see
COA #63 .B. of Subdivision Permit) whose placement would
be staggered along the southern boundary of the planter
area.
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Appeal of The Meadows Project
Danville/Tassajara area
The House Plotting Plan provides for a combination of
single- and two-story plans . Eight of the 15 lots
backing onto Camino Tassajara will be single story
residences.' All of the two-story models are required to
incorporate build-out/cantilever designs as indicated on
residential design drawings . (See COA #66 .C. of the
Subdivision Permit, pg. SUB-22 . )
E . Deed Disclosure Concerning Existing Surrounding Activities
8 . Appeal Point - The need for Deed disclosures of
commercial and agricultural uses of properties around
project site.
Staff Response - The site abuts residential uses to the
west and north, and agricultural uses to the east and
south. Condition of Approval #58 of the Subdivison
Permit (pg. SUB-19) provides for the standard deed
disclosure to prospective buyers of nearby agricultural
activities .
Staff is not aware of any legal commercial activities in
the area that might be regarded as a nuisance to
prospective residents in the new subdivision. The
properties to the south on Lawrence Road were zoned for
agricultural use before being incorporated into Danville.
It is staff' s understanding that Danville has designated
these properties for residential use.
ALTERNATIVE ACTION
If the Board is not satisfied that required CEQA and project
findings can be made, then the Board could consider disapproval of
the current applications as provided by Option B above. In this
regard, the applicant could re-apply with modified plans which
would be consistent with the Board' s approval of the Preliminary
Development Plan and modifications which the Board would consider
and review and may deem appropriate.
TIME LIMIT ON DECIDING APPEAL ONCE HEARING IS CLOSED
It should be noted that once the Board closes the hearing on this
appeal, state law [Government Code §66452 .5 (d) ] requires the Board
to make a decision on an appeal of a decision on a subdivision
project within ten calendar days . Failure to act within this
timeframe may result in an automatic approval .
'Contrast with the Tassajara Ridge project located immediately
to the west in Danville, where the site is elevated above Camino
Tassajara and almost all of the residences backing onto Camino
Tassajara are 2-story designs .
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ADDENDUM TO ITEM D.7
Agenda August 5, 1997
This being the time noticed for the appeal by Wayne Tooker, Jim
Blickenstaff, and Linda Lemon (Appellants) from the decision of the Contra
Costa County Planning Commission on the application of Kaufinan & Broad
(Applicants and Owners) for approval of a Vesting Tentative Map to subdivide
approximately 45 acres into 192 single family residential lots and an 8 acre
school/park site (County File #8000-95); and on the application of Kaufinan &
Broad (Applicants and Owners) for approval of the Final Development Plan to
allow a 192 detached single unit family residential .project and an 8 acre
school/park site (County File #DP 3090-95).
Dennis Barry, Interim Community Development Department Director,
presented the staff report.
Robert Drake, Community Development Department, advised that during
the pre-hearing meeting of the parties, both sides were amenable to the
suggestion to insert additional language in the Conditions of Approval for the
subdivision. Mr. Drake noted that on Page Sub-19, Condition No. 58, titled
"Notification of Agricultural Area", in the second paragraph after the word
"...activities;" the suggestion was made to insert the following words:
of activities and related traffic;".
Mitch Avalon, Public Works Department, commented that the parties had
also agreed to the suggestion that there be an amendment to the language in the
Conditions of Approval, on Page Sub-35, Condition No. 116, regarding erosion
potential on downstream properties, but that the language had not been finalized.
The public hearing was opened and the following people spoke:
Richard Ambrosini, Kaufinan & Broad, 3130 Crow Canyon Road, San
Ramon;
Linda Lemon, appellant, Save Our Danville Creeks, 522 Zenith Ridge,
Danville;
Wayne Tooker, appellant, 1641 Lawrence Road, Danville;
Jim Blickenstaff, appellant, Sierra Club, 2410 Talavera Road, San Ramon;
All those desiring to speak having been heard, the hearing was closed and
the Board discussed the issues.
Supervisor Rogers requested that Community Development staff respond
to the issues Mr. Blickenstaff raised regarding water quality and the desire to
have those issues addressed before final approval of the project.
Dennis Barry noted that there are specific plan improvements to be met,
and an analysis is required before putting water into that system to avoid
creating additional erosion problems. Mr. Barry also advised that in the
Community Development staff s point-of-view, water quality issues in this
1
instance have been mitigated above the usual and necessary compliance with the
final EIR on this project.
Supervisor Canciamilla asked what would happen if a detention basin was
required, and Dennis Barry and Mitch Avalon both advised that this issue had
been addressed in the Conditions of Approval.
Supervisor Gerber stated that she would. vote consistent with her previous
record on this project, and would not be supporting the motion.
Supervisor Canciamilla noted that it was his understanding that the
drainage issues had been fully addressed in the Conditions of Approval. He then
moved approval of Option A of staffs recommendations and approval of
recommendation Nos. 1 through 5, amending recommendation No. 4 to add the
suggested language to Condition 58, noting that the modification was mutually
agreed upon.
Supervisor Rogers seconded the motion, and stated that many elements in
the local community supported this project, and the land dedication was an
important component of the project.
Following further discussion, the Board took the following action:
IT IS BY THE BOARD ORDERED that the public hearing is CLOSED;
staffs Recommendation Nos. 1, 2, 3, and 5 in Option A are APPROVED;
Recommendation No. 4 in Option A is APPROVED as amended; the decision of
the Contra Costa County Planning Commission is SUSTAINED; the Appeal of
Wayne Tooker, Jim Blickenstaff and Linda Lemon is DENIED; the Tassajara
Meadows Final EIR is CERTIFIED as adequate for purposes of compliance with
CEQA for the Final Development Plan (County File #DP 3090-95) and the
Vesting Tentative Map (County File #SD 8000-95); the Findings and Statement
of Overriding Considerations documenting compliance with CEQA is
ADOPTED; the Mitigation Monitoring Program is RE-ADOPTED; the Findings
in support of the Final Development Plan and Vesting Tentative Map is
ADOPTED; and staff is DIRECTED to file a Notice of Determination.
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FINDINGS AND CONDITIONS OF APPROVAL FOR THE MEADOWS
FINAL DEVELOPMENT PLAN, COUNTY FILE NO. DP953090 (Kaufman &
Broad - Applicant & Owner) PER AUGUST 5, 1997 BOARD OF
SUPERVISORS APPROVAL
FINDINGS
A. Required Finding: The applicant intends to start construction within two and one-half years
from the effective date of the zoning change and plan approval.
FiF nding- The applicant has indicated that they intend to commence construction within two
and one-half years.
B. Required Finding: The proposed planned unit development is consistent with the county
general plan.
Finding- -The tentative map provides for 192 single family residential lots and an 8-acre
park/school site. The park/school site conforms with the public/semi-public designation on
the general plan. The proposed number of dwelling units also conforms with the permitted
number of dwelling units under the Single Family Residential-High Density designation
(5.0- 7.2 units per net acre). The site consists of 27.3 net acres[net acres = (44.4 acres-
8 acres)x 0.75]. Therefore, considering the residential designation portion of the site alone,
the general plan allows up to 196 units to be placed on the site.
C. Required Finding: In the case of residential development, it will constitute a residential
environment of sustained desirability and stability, and will be in harmony with the character
of the surrounding neighborhood and community..
Finding- The project will be required to provide varied residential designs and landscaping
improvements along roadways. The project has a similar unit density to development
occurring to the west of the project, and with planned development elsewhere in the
immediate vicinity.
D. Required Finding: The development of a harmonious integrated plan justifies exceptions from
the normal application of this code..
Finding-The project will be required to comply with additional landscape and architectural
design standards that are not typically associated with residential projects that are
'Were the 8-acre park/school site included in the net acreage calculation, the general plan
would allow for consideration of more dwelling units.
The Meadows
Final Development Plan File#DP953090
Kaufman&Broad(A &O)
developed under conventional zoning. The applicant is conveying a major portion of the site
to the local School District that will help address the local demand for school facilities.
(Ref. §84-661406 of the County Code)
CONDITIONS Of APPROVAL
General
1. This approval is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A-Revised Final Development Plan and Vesting Tentative Map dated May
28, 1997 by the Community Development Department.
B. Exhibit B - Landscape Plan dated received February 6, 1996, as modified by
Landscape Concept Plan dated January 24, 1997.
C. Residential Models for Residential Plans dated April 24, 1997 as modified by the
revised plans dated June 30, 1997.
D. House Plotting Plan dated June 27, 1997.
Residential Design
2. The guide for development shall be the Single-Family Residential (R-6)District, subject to
the Zoning Admin'istrator's review and approval at the time of issuance of building permits,
except as follows:
A. Frontyard Setback - Minimum 15 feet to living space or covered porch
Minimum 20 feet to garage door face.
B. Secondary frontyard setback-Minimum 10 feet
C. Rearyard setback- Minimum 15 foot setback
D. Sideyard Setback Minimum of 5 feet.
E. Aggregate Sideyard Setback- Minimum 10 feet.
F. Stories - Maximum of two stories.
G. Structure Height Maximum of 30 feet.
FDP-2
Conditions of Approval
3. The maximum number of lots approved for this project is 192 lots subject to final review and
approval of the site plan by the Zoning Administrator.
4. Construction plans for new residences shall provide for the following:
A. A landscape/irrigation plan prepared by a landscape architect or other landscape
professional acceptable to the Zoning Administrator providing for landscape
improvements to front and rear yards of the site. The plans shall be wet-stamped
certified for compliance with the standards in the Water Conservation in New
Developments Ordinance. The plans shall be installed prior to final inspection of the
building permit.
The landscape plans and improvements may be limited to the frontyard areas only if
the applicant has provided evidence to the Zoning Administrator that project CC&R's
provide for required compliance with the standards in the Water Conservation in New
Developments Ordinance. (EIR Mitigation Measure C:lb)
B. The plans comply with the approved fit plan associated with the final map.
C. The plans provide for the following:
1) Installation of ultra-low-flow toilets in accordance with Section 17921.3 of
the Health and Safety Code.
2) An extra electrical outlet within the garage area for charging of electric-
powered vehicles.
3) Tile or Class A fire resistant roof materials.
Construction Period Development Restrictions
5. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. All noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on state and federal holidays. The restrictions on allowed working
days may be modified on prior written approval by the Zoning Administrator. The
applicant shall include this restriction in the contract for any construction contractors
or subcontractors employed on the site. (EIR Mitigation Measure F.La)
FDP-3
The Meadows
Final Development Plan File#DP953090
Kaufman&Broad(A&O)
B. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition and shall locate
stationary noise-generating equipment such as air compressors and concrete pumpers
as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary of the
project site notice that construction work will commence. The notice shall include a
list of contact persons with name,title, phone number and area of responsibility. The
person responsible for maintaining the list shall be included. The list shall be kept
current at all times and shall consist of persons with authority to indicate and
implement corrective action in their area of responsibility. The names of individuals
responsible for noise and litter control, construction traffic and vehicles, erosion con-
trol, and a 24-hour emergency number, shall be expressly identified in the notice. The
notice shall be re-issued with each phase of major grading and construction activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. The notice shall be accompanied by a list of the names and
addresses of the property owners noticed, and a map identifying the area noticed.
D. The applicant shall diligently endeavor to keep the site free from litter.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. This shall include provision for an on-site area in which
to park earth moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week days between
the hours of 9:00 AM and 4:00 PM.
G. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
Restrictions on Development of Sales Model Units
6. Prior to issuance of building permits for construction of sales model units, the applicant shall
provide documentation evidencing compliance with the requirements with the Water
Conservation in New Developments Ordinance (Chapter 82-26) and Residential Sprinkler
System Option Ordinance (718-6). However, all sales model units shall be required to
FDP-4
Conditions of Approval
comply with the improvement standards and reporting requirements of the Water
Conservation in New Developments Ordinance. (EIR Mitigation Measure C: lb)
Park Dedication Fees
7. The applicant shall contribute $5000 per lot in park land dedication fees to the County.
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FDP-5
FINDINGS AND CONDITIONS OF APPROVAL FOR THE MEADOWS
VESTING TENTATIVE MAP APPROVAL, COUNTY FILE #SD958000
(Kaufman & Broad - Applicant & Owner) PER AUGUST 5, 1997 BOARD OF
SUPERVISORS APPROVAL
FINDINGS
A. Growth Management Element Performance Standards
1. Traffic - The proposed development will increase traffic volumes to the roads and
intersections in the community, however, the EIR concluded that the traffic
impacts would not decrease the level of service at any of the 14 intersections
studied in the EIR. Accordingly, the EIR concluded that the project would not
result in any significant impacts associated with traffic volumes.
2. Drainage and Flood Control - Condition#71 of the Subdivision conditions of
approval requires that the applicant collect and convey all stormwaters entering or
originating within the project to an adequate natural or manmade watercourse.
The project also lies within the Lawrence Road Benefit District which was formed
by the Town of Danville to provide a mechanism to fund or reimburse costs for the
construction of utility systems including drainage improvements identified in
Lawrence/Leema Road Specific Plan adopted by Danville. Among other facilities,
the benefit district will be constructing a storm drain system parallel to Lawrence
Road from the southerly project boundary to the southerly boundary of the
Lawrence/Leema Road Specific Plan Area. The required storm pipe will vary in
size from approximately 42 inches to 54 inches in diameter and will discharge into
Alamo Creek.
This project will be required to prepare a complete hydraulic study. The drainage
improvements will need to be approved by the Danville City Engineer.
The site does not lie within a floodplain and no portion Lies within a special Flood
Zone of the Federal Emergency Management Agency. Therefore, the project has
no significant risk of flood hazard.
3. Water Service -Prior to approval of a final map, the applicant is required to
provide evidence to the County that the applicant has obtained a"will serve" letter
from the East Bay Municipal Utility District. (Ref. COA#54)
4. Sanitary Sewer Service -Prior to approval of a final map, the applicant is required
to provide evidence to the County that the applicant has obtained a"will serve"
letter from the Central Contra Costa Sanitary District. (Ref. COA#53.)
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5, Fire Protection-Prior to approval of a final map, the applicant is required to
demonstrate that all of the proposed development is located within one and one-
half miles of a fire station, or that development within the project that is more than
one and one-half miles from a fire station shall be required to provide automatic
fire sprinkler systems. (Ref. COA#70.C.)
6. Public Protection -Prior to approval of a final map, the applicant is required to
provide funding for a proportional share of the Sheriff facility standard of 155
square feet of station area per 1,000 new residents if determined by the Zoning
Administrator to be needed. (Ref. COA#70.D.)
7. Parks and Recreation- The applicant is required to contribute $5000 per
residential lot in park dedication fees per tentative agreement with the Town of
Danville. This contribution exceeds the normal County park fee requirement,
$2000 which alone would satisfy the Growth Management Element Performance
Standard of 3 acres per 1000 new residents. These required park dedication fees
are earmarked for use by the Town of Danville subject to County disbursement
procedures. (Ref. COA#17.)
(Ref. Growth Management Element of the General Plan)
B. Findings to Approve a Tentative Map
Required Finding: The Planning Commission shall not approve a tentative map unless it
shall find that the proposed subdivision, together with the provisions for its design and
improvement, is consistent with the applicable general and specific plans required by law.
FiF nding: The tentative map provides for 192 single family residential lots and an 8-acre
park/school site. The park/school site conforms with the public/semi-public designation
on the general plan. The proposed number of dwelling units also conforms with the
permitted number of dwelling units under the Single Family Residential-High Density
designation (5.0- 7.2 units per net acre). The site consists of 27.3 net acres[net acres =
(44.4 acres- 8 acres) x 0.751. Therefore, considering the residential designation portion
of the site alone, the general plan allows up to 196 units to be placed on the site.
'Were the 8-acre park/school site included in the net acreage calculation, the general plan
would allow for consideration of more dwelling units.
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Findings
The project is also required to collect run-off flowing onto and from the project and to
convey it to an adequate natural or manmade watercourse. The project also lies within
the Lawrence Road Benefit District which was formed by the Town of Danville to provide
a mechanism to fund or reimburse costs for the construction of utility systems including
drainage improvements identified in Lawrence/Leema Road Specific Plan adopted by
Danville. Among other facilities, the benefit district will be constructing a storm drain
system parallel to Lawrence Road from the southerly project boundary to the southerly
boundary of the Lawrence/Leema Road Specific Plan Area. The required storm pipe will
vary in size from approximately 42 inches to 54 inches in diameter and will discharge
into Alamo Creek.
A combination of collector and local roads are proposed to link into road systems that
are being developed in the Town of Danville. The project is also required to conform
with planned road widening of Camino Tassajara.
C. Findings for Granting Exceptions to Subdivision Ordinance Design Standards
(street improvements, grades, widths, etc.)
Exceptions to ordinance design standards for road right-of-way standards are granted as
follows:
1. Required Finding: There are unusual circumstances or conditions affecting the
property.
Finding: The applicant is being required to convey a park/school site that far
exceeds the park or school demands that the project will generate.
2. Required Finding: The exception is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
Finding.' The granting of the requested exceptions are reasonable in order to
allow for reasonable development of the site in consideration that 18% of the site
is to be dedicated as a park/school site.
3. Required Finding: The granting of the exception will not be materially detrimental
to the public welfare or injurious to other property in the territory in which the
property is situated.
Finding.- The granting of the exception will not be materially detrimental to the
public welfare. The exceptions that have been granted allow for narrower
dedication of road right-of-way widths,.but the applicant is also required to
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dedicate public utility easements along either side of the local road rights-of-way
which will still allow for the County corridor space needs to be met.
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Conditions of Approval
CONDITIONS OF APPROVAL
General
1. This vesting tentative map approval is generally based on the following exhibits:
A. The Final Development Plan and Vesting Tentative Map with a revised date of
May 28, 1997.
B. Landscape Plan dated received February 6, 1996, as modified by the Landscape
Concept Plan dated January 24, 1997.
The approval is also based upon the following reports:
D. Preliminary Geotechnical Investigation prepared by Engeo and dated received
December 18, 1995 by the Community Development Department.
E. Child care demand analysis.
F. Residential Model Plans dated April 24, 1997 as modified by revised model plans
providing for hip roofs and cantilever designs dated June 30, 1997.
G. House Plotting Plan dated June 27, 1997.
Prior to filing a final map, the applicant shall provide for a minimum 6-foot wide trail
extending between"G" Court and"A" Street as generally shown on the House Plotting
Plan subject to final review and approval of the Zoning Administrator. The trail shall be
maintained by a lighting and landscaping maintenance district.
2. Maximum Number of Single Family Residential Units Allowed - The number of single
family residential units shall not exceed 192.
3. Park/School Site - The area designated for park/school use shall be dedicated to the San
Ramon Valley Unified School District for use as a school.' The site shall be used for either
(1)joint school and park uses; or(2) exclusive school use. A child care operation
accessory to the school use is also allowed.
School Use Priority -Prior to filing the first final map, the area designated for park/school
use shall be irrevocably offered for dedication to the San Ramon Valley Unified School
District as a school site. If the School District rejects it for use as a school site, then the
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developer shall offer it for dedication to an appropriate public park service entity for use
as a park site.
4. Compliance Report - At least 60 days prior to filing a final map or issuance of a grading
permit, the applicant shall submit a report on compliance with the conditions of approval
with this permit and the final development plan permit for the review and approval of the
Zoning Administrator. The report shall list each condition followed by a description of
what the applicant has provided as evidence of compliance with that condition. Unless
otherwise indicated, the applicant will be required to demonstrate compliance with the
conditions of this report prior to filing a final map. The Zoning Administrator may reject
the report if it is not comprehensive with respect to applicable requirements for the
requested ministerial permit.
5. Indemnification-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.
Applicable Development Fees
6. Pursuant to Condition of Approval#57 of The Meadows Planned Unit District
Rezoning/Preliminary Development Approval County File#RZ953036, the development
fees that shall apply to this vesting tentative map approval shall be the County fee schedule
that is in effect as of June 19, 1997, the date that the rezoning of this site to the Planned
Unit District became effective. An exception to this requirement shall be the park
dedication fee specified elsewhere in this set of conditions of approval. Nothing in this
condition authorizes the extension of the applicant's vesting rights under Section 66498.1
of the Government Code beyond the period of time authorized in the Subdivision Map
Act.
Child Care Response Program
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Conditions of Approval
7. At least 60 days prior to filing a final map, the applicant shall submit a child care response
program pursuant to the Child Care Ordinance for the review and approval of the Zoning
Administrator.
Urban Service Reorganization
8. Prior to filing a final map, the applicant shall provide evidence to the Zoning Administrator
that urban service boundary reorganization has been consummated with the Local Agency
Formation Commission. The reorganization shall include annexation of the property to
the East Bay Municipal Utility District and Central Contra Costa Sanitary District.
Water Service
9. This approval is contingent on annexation of the project site to the East Bay Municipal
Utility District service area and Sphere of Influence adopted by LAFCO, and issuance of a
Preliminary Work Agreement by the District. (EIR Mitigation Measure C:la)
10. Prior to approval of a Final Subdivision Map, the applicant shall provide evidence that
they have committed to the following conservation measures for the project:
• Installation of water-efficient irrigation systems for residential units that include
efficient sprinkler heads or drip irrigation by the project applicant, or by the home
buyers and specified in the Covenants, Conditions and Restrictions for the project
site.
• Installation of ultra-low-flow toilets, as required by state law.
• Installation of sleeving for recycled water pipelines for nondomestic purposes as
defined by East Bay Municipal Utility District Policy 73 (or the policies regarding
use of nonpotable water of the agency serving the site), including common
landscaped areas. Should recycled water service become available to the site, the
project sponsor shall install or fund the installation of recycled water pipelines, to
be designed, permitted and operated in accordance with Section 30 of the
Regulations Governing Water Service to Customers of the East Bay Municipal
Utility District (or the regulations regarding recycled water systems of the
reclaimed water agency serving the site). The irrigation system for common
landscaped areas must be plumbed separately from the potable water system. If
implemented, this measure would reduce project demand for potable water by
16,000 gallons per day.
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• Installation of drought-tolerant landscaping by the project applicant, or by the
home buyers and specified in the Covenants, Conditions and Restrictions for the
project site. (EIR Mitigation Measure C:lb)
11. Prior to approval of a final map, the applicant shall provide evidence acceptable to the
Zoning Administrator that the applicant hasentered into an Agreement with the East Bay
Municipal Utility District(EBMUD) that is intended to mitigate the impacts on water
supply and contains such conservation measures and water use reduction techniques that
are satisfactory to EBMUD. (Identified in the Final EIR) (EIR Mitigation Measure C:2a)
Sewer Sgndce
12. The project site shall be annexed to the Central Contra Costa Sanitary District Service
area and Sphere of Influence adopted by LAFCO, and the applicant shall make payment of
connection fees to the Central Contra Costa Sanitary District to finance construction of
needed facilities and provision of sewer service to the site. The Contra Costa County
Community Development Department would be responsible for monitoring the
implementation of this mitigation measure. (EIR Mitigation Measure C:6)
Police Services
13. Election for the Establishment of a Police Services District - The owner of the property
shall participate in the provision of funding to maintain and augment police services by
voting to approve a special tax for the parcels created by this subdivision . The tax shall
be the per parcel annual amount (with appropriate future CPI adjustment)then established
at the time of voting by the Board of Supervisors. The election to provide for the tax shall
be completed prior to the filing of the first 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. (EIR Mitigation Measure C:8a)
14. The applicant shall provide evidence acceptable to the Zoning Administrator that funding
for a proportional share of the 155 square feet of substation space required per 1,000 new
residents, in accordance with Policy 7-57 of the Contra Costa General Plan has been
contributed to the Sheriffs Office. (Identified in the Final EIR) (EIR Mitigation Measure
C:8b)
15. Prior to approval of a final map, the applicant shall provide evidence acceptable to the
Zoning Administrator that final development plans have been reviewed by the Sheriffs
Department to insure that appropriate crime prevention measures have been included and
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Conditions of Approval
the roadway design would provide adequate emergency access. (Identified in the Final
EIR) (EIR Mitigation Measure C:8c)
Fire Protection Service
16. Prior to approval of a final map, the applicant shall provide evidence acceptable to the
Zoning Administrator that the San Ramon Valley Fire protection District has been
provided an opportunity to review project plans and recommend the incorporation of fire
prevention and fire retardant measures, where feasible and necessary to reduce fire hazards
for incorporation into the project plan subject to final review and approval by the Zoning
Administrator (Identified in the Final EIR) (EIR Mitigation C:10).
Park Dedication Fees
17. The applicant shall contribute $5000 per lot in park land dedication fees. The funds
collected shall be transferred to the Town of Danville following compliance with County
disbursement procedures. (EIR Mitigation Measure CUM.C.6)
School Facilities
18. The applicant shall dedicate the eight-acre park/school site to the San Ramon Valley
Unified School District at time of filing of the first final map.
Grading/Erosion Control
19. Restrict grading activities to the dry-weather construction season(approximately 15 April
through 15 October). Earthwork after approximately 15 October shall be limited to
activities directly related to erosion control, except as may otherwise be provided in a
project Stormwater Pollution Prevention Plan approved by the California Regional Water
Quality Control Board. (Identified in the Final EIR) (EIR Mitigation Measure H:la)
20. Off-Site Grading - The project is planning to remove a hill adjacent to the eastern
boundary of the site. Part of the hill lies on the adjoining property to the east. To avoid a
potentially undesirable retaining wall along the eastern boundary of the site,prior to
issuance of a grading permit, the applicant shall diligently seek to obtain permission with
the owner of the adjacent property to remove the portion of a hill that is located off-site.
21. Applicant shall provide an erosion control plan prior to approval of a grading plan. The
following interim control measures shall be included in the erosion control plan and
employed on site-specific needs in the project area(Identified in the Final EIR):
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0 Conduct grading so as to minimize areas of exposed, erodible material, and avoid
concentration of rapidly flowing runoff in unprotected, erodible areas.
• Wherever feasible, isolate runoff from ungraded areas, thereby simplifying erosion
control and sediment control measures within the graded area.
• The erosion control plan may include water bars, temporary culverts and swales,
mulch and jute, netting blankets on exposed slopes, hydro seeding' silt fences, and
sediment traps/basins. Erosion control requires use of techniques which prevent
displacement of soil particles by raindrops, moving water or wind. These
techniques include slope design to reduce erosive emergency, use of erosion
control blankets and other devices, mulching and establishing vegetation.
Sediment control requires the removal of particles which are suspended in moving
water. Erosion and sedimentation are natural geologic processes which do not
conflict with protection of resource values. The problem arises when grading
activities result in increased discharge of runoff and sediment yields that exceed
equilibrium conditions and induce instability in stream channels. General Best
Management Practices to reduce sediment in runoff waters including the following:
Minimize the amount of land disturbance;
Install storm drains prior to grading so that sediment is captured during pad
grading;
- Keep graded slopes as flat as possible.
The placement of barriers (silt fences, straw bales) is only partially effective in
controlling sediment from exiting the graded area and entering a natural drainage
channel. These barriers are ineffective when runoff waters overtop, tunnel under,
or flow around the barriers. As a result, drainage control and sediment
traps/basins are important components of sediment control. The following criteria
shall be used to size sediment traps/basins:
Design the sediment basin to accommodate peak runoff from a 10-year
storm.
'Technical literature indicates that successful hydro seeding for erosion control requires care in selection of species. Some species of
annual grasses are ineffective for erosion control.
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Conditions of Approval
Design the containment system around a specific size soil particle to be
removed from moving waters. The U.S. Environmental Protection Agency
recommends that particles 0.02 mm or larger be trapped.
Provide a long flow path length to ensure the greatest possible opportunity
for sedimentation to occur.
- Calculate the anticipated sediment yield from a 10-year storm, and provide
sufficient storage capacity in the basin to accommodate this volume of
sediment.
Include a gravel filter in the sediment trap/basin to allow waters to flow
through and drain the structure.
- Design the depth of the sediment trap/basin for a minimum of at least two
feet.
- Provide for clean-out and maintenance of storm drain, sediment basin and
erosion control facilities throughout the rainy season to ensure effective
sediment control.
• Because one of the biggest problems with effective sediment control is lack of
maintenance, the erosion control plan must have a comprehensive program for
inspection and maintenance during the construction period, for several years
following construction and for the long-term. The plan shall focus on the winter
rainy season and include performance standards and provisions for documenting
maintenance activities and funding.
• Monitor the effectiveness of the erosion control measures during construction, and
for several years thereafter, by sampling runoff. (EIR Mitigation Measure H:lb)
Soils and Geohazards
22. In order to reduce the potential impacts of long-term erosion and sedimentation, the
project shall incorporate the appropriate design, construction and continued maintenance
of long-term erosion control measures. The specific measures shall be based on the
recommendations of the project geotechnical engineer and hydrologist. (Identified in the
Final EIR)
Examples include the following:
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• Construct sediment traps/basins and grassy swales at strategic locations to control
sediment.
• Revegetate and continuously maintain graded soil surfaces, either through a
Geologic Hazards Abatement District, homeowner's association or maintenance
district.
• Design cut and fill slopes to minimize, as much as possible, the velocity of sheet
flow runoff.
• Establish performance standards and provide periodic inspection and maintenance
of erosion and sedimentation control facilities.
• Prior to any excavation, determine whether the depth and extent of excavation
would likely encounter contaminated soils and groundwater.
• Native vegetation shall be retained, protected, and supplemented wherever
possible. Exposure of soil areas shall be limited to the immediate area required for
construction operations.
• Grading areas shall be clearly marked and no equipment or vehicles shall disturb
drainages outside of the grading area.
• Use barriers to contain runoff around excavation sites.
• If unreported contaminated soil is encountered during excavation, appropriate
remediation of soils shall be carried out in contained areas or covered areas, or
remediated through treatment prior to initiating excavation.
• Filter runoff on-site using hay bales, silt fences and other appropriate control
measures.
• Install temporary (or permanent) storm water retention or detention structures in
which treatment can occur.
• No stockpiling of excavated soil or other materials shall occur in drainage
channels. No excavated soil or other material shall be disposed of in drainage
channels, but shall be hauled away for proper disposal. Care shall be taken to
ensure that pollutant spills do not occur in drainage channels.
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Conditions of Approval
• Use tarps to cover any excavation soils storage during the October-April rainy
period. (EIR Mitigation Measure H:lc)
23. Concentrated runoff shall not be permitted to drain over cut or fill areas. (Identified in the
Final EIR) (EIR Mitigation Measure H:1 d)
24. The proposed location of drainage ditches shall be specified on the development plan
accompanying the design-level geotechnical investigation report, which shall be reviewed
and approved by the County to verify compliance with Title 9, Contra Costa County's
ordinance for subdivision development. (Identified in the Final EIR) (EIR Mitigation
Measure H:1 c)
25. Submit an analysis of the liquefaction potential at the project site with the grading plan and
prior to approval of the first final map. The methodology, sampling and other procedures
shall be designed after consultation with the County geologist. Where liquefaction
potential is found to exist, this hazard shall be mitigated by engineering design, or the land
affected shall be retained as open space on the project. (Identified in the Final EIR) (EIR
Mitigation Measure H:2a)
26. Appropriate grading and design shall be used to reduce the secondary effects of ground-
shaking to structures and infrastructures. Cut-and-fill areas shall be designed to ensure
stability of the site under seismic conditions. Measures to reduce the potential significant
impacts of the secondary effects of ground-shaking includes installation of subsurface
drainage. (Identified in the Final EIR) (EIR Mitigation Measure H:2b)
27. Fills on the project site shall be properly designed with keyways and subsurface drainage,
and adequately compacted (i.e., minimum 90 percent relative compaction as defined by
ASTM D1557) to significantly reduce both seismically induced and natural fill settlement.
(Identified in the Final EIR) (EIR Mitigation Measure H:2c)
28. All roads, structural foundations and underground utilities shall be designed to
accommodate potential settlement without failure, especially across transitions between
fills and cut. (Identified in the Final EIR) (EIR Mitigation Measure H:2d)
29. Final design of the proposed facilities shall be made in conjunction with a design level
geotechnical investigation, which is a normal part of the development process, submitted
to the County for review and approval prior to issuing any permits. (Identified in the Final
EIR) (EIR Mitigation Measure H:2e)
30. Project area slopes shall have a factor of safety greater than 1.1 under pseudo static
conditions (i.e., assuming maximum possible groundwater levels during the life of the
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project and earthquake shaking). (Identified in the Final EIR) (EIR Mitigation Measure
H:2f)
31. All structures shall conform minimally with the regulations of the Uniform Building Code,
with California Amendments (1994 Edition), and County Codes and Ordinances.
(Identified in the Final EIR). (EIR Mitigation Measure (H:2g)
32. The design level geotechnical studies shall include investigation aimed at providing
information on the location, width, engineering character and activity status of faults and
shear zones which traverse lands proposed for development and shall contain
recommendations for engineering design and siting of structures. These shall be
implemented with approval of the County's engineering geologist. (Identified in the Final
EIR)
The design level geotechnical investigation at a minimum shall provide criteria for
foundation of pavement design developed in accordance with the Uniform Building Code
and County Code requirements on the basis of subsurface exploration and laboratory
testing. The constraints on the use of expansive soil near finish grade shall be evaluated in
the design-level geotechnical investigation report. (Identified in the Final EIR)
Foundation design shall include structural slab or reinforced slab foundations as specified
in the geotechnical investigation. (Identified in the Final EIR) (EIR Mitigation Measure
H:3)
33. Geotecbnical Report - At least 45 days prior to issuance of a grading permit, installation
of improvements or utilities, or approval of a final map, the applicant shall submit a
preliminary geology, soil, and foundation report (two copies) 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 recommenda-
tions of the approved report. This report shall include evaluation of the potential for
liquefaction, seismic settlement and other types of seismically-induced ground failure by
recognized methods appropriate to soil conditions discovered during subsurface
investigation.
34. Applicant shall record a statement to run with deeds to property acknowledging the
approved report by title, author(firm), and date, calling attention to approved
recommendations, and noting that the report is available from the seller. The proposed
statement shall be subject to the review and approval of the Zoning Administrator.
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Conditions of Approval
35. Prior to issuance of building permits, applicant shall submit to the Building Inspection and
Community Development Departments an as-graded report of the geotechnical engineer
with a map showing final plan and grades for landslides repaired, including subsurface
drainage, subdrain cleanouts and disposal or pickup points, and any buttress fill with its
keyway location, or retaining wall installed, and other soil improvements installed during
grading, all as surveyed by a licensed land surveyor or civil engineer.
36. Prior to issuance of building permits, applicant shall submit as-graded reports of the
engineering geologist or the geotechnical engineer to Community Development and
Building Inspection Departments with an as-graded map showing final plan and grades.
The map shall identify all encountered faults, aquifers, and stratigraphic (bedrock)units;
zones of highly jointed and/or deeply weathered rock; orientation of bedding and/or other
discontinuities, and the location of any seepage, fill keyways, and subdrainage material
with cleanouts, outlets, and pickup points; landslides repaired; buttress fills with keyway
location, any retaining walls installed, subdrains and their connections, and other soil
improvements installed during grading, all as surveyed and mapped by a licensed land
surveyor or civil engineer. Applicant shall comply with the recommendations of the
geologic report submitted with the application.
37. A grading bond shall be required for the work necessary to carry out the recommendations
of the preliminary soil report. Sufficient subsurface information shall be provided to
estimate the cost of required soil improvements.
Hazardous Substance Control and Emergency Response Plan
38. The applicant shall prepare and submit to the Community Development Department a
hazardous substance control and emergency response plan as a condition of the grading
permit for the review and approval of the Zoning Administrator. The plan shall prescribe
procedures aimed at reducing the potential for significant impacts on water quality caused
by a chemical spill, require safe collection and disposal of hazardous substances generated
during construction activities, and include an emergency response program to ensure
quick and safe cleanup of accidental spills. The plan shall identify areas where refueling
and vehicle maintenance activities would be permitted. (These shall be permitted only
where full containment of spills were provided.) Any hazardous materials to be stored on-
site shall be shown on a map accompanying this plan and stored only in fully contained
areas. Measures to control access, prevent spills and protect the materials overnight and
on weekends must also be described. (Identified in the Final EIR). (EIR Mitigation
Measure I:1)
Biological Resource- Kit Fox Protection
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39. Prior to approval of a final map, the applicant shall provide evidence acceptable to the
Zoning Administrator that the applicant has initiated consultation and negotiate mitigation
with the U.S. Fish and Wildlife Service and the California Department of Fish and Game
concerning the reduction of San Joaquin kit fox foraging habitat. (EIR Mitigation Measure
J.4.)
Required Homeowners Association
40. This project shall provide for a homeowners' association to assure appropriate land use
controls.
Visual
41. As part of the project, the homeowners' association articles of incorporation shall contain
the following provisions to minimize impacts on visual character(Proposed as Part of the
Project):
Automobile, Boat and Trailer Storage. No trailer, boat, camper, camper-shell,
motor home, house trailer or any automobile in non-operable condition shall be
parked, left or stored upon any lot for more than 24 hours unless the same is
parked, left stored in a garage or other enclosure sufficient to screen such trailer,
camper, camper-shell, motor home, house trailer, or non-operable automobile from
view from all public streets. No boat of any kind shall be parked, left or stored
upon any lot for more than 36 hours unless the same is parked, left or stored in a
garage or other enclosure sufficient to screen such boat from view from all public
streets or is otherwise so parked, left or stored so that the same will not be visible
from public streets.
Commercial Vehicles. No commercial vehicle exceeding three-quarters (3/4) of a
ton shall be kept or stored upon any lots unless such vehicle is kept or stored in an
enclosed garage when not in use. No commercial vehicle, owned or in the
possession or under the control of any resident or occupant in the project, shall be
parked overnight in any street within said subdivision. "Commercial vehicle", for
this purpose, shall include, but not be limited to, any truck, pickup, van, bus
tractor, station wagon, taxi, automobile or other vehicle used primarily for
business or other commercial purposes as distinguished from vehicles used
primarily for the transportation of persons other than for fire or other than for
business or other commercial purposes. (EIR Mitigation Measure K:lb)
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Conditions of Approval
Archaeological
42. In the event that any prehistoric or historic subsurface cultural resources are discovered
during construction-related earthmoving activities, all work within 100 feet of the
resources shall be halted and the project applicant shall consult with a qualified
archaeologist to assess the significance of the find. If any find were determined to be
significant by the qualified archaeologist, then representatives of the project applicant,
Contra Costa County, and the qualified archaeologist would meet to determine the
appropriate course of action. If the discovery include human remains, Section VIII of
CEQA Guidelines Appendix K would be followed, requiring coordination with the Native
American Heritage Commission if the human remains are of Native American origin. All
significant cultural materials recovered would be subject to scientific analysis, professional
museum curation, and a report prepared by the qualified archaeologist according to
current professional standards. (EIR Mitigation Measure L:1)
Requirements for Cumulative Project Impacts
43. Prior to approval of the first final map, the applicant shall reach an agreement with the
Contra Costa County Sheriff s Department on financing for the additional law
enforcement services and substation space that would be required for the project prior to
final approval of the project by the County. (EIR Mitigation Measure CUM.C.4)
44. Prior to approval of the first final map, the applicant shall reach an agreement with the San
Ramon Valley Fire Protection District on financing for the additional fire protection
service that would be required for the project. (EIR Mitigation Measure CUM.C.5)
45. Any fireplaces or woodburning stoves associated with the project shall be certified by the
U.S. Environmental Protection Agency or shall incorporate U.S. Environmental
Protection Agency-certified inserts. Alternatively, electric, propane or compressed natural
gas space heaters shall be given preference in project design (EIR Mitigation Measure
CUM.E.l d).
46. Water heaters associated with the project shall incorporate low-nitrogen oxide emission
technology. (EIR Mitigation Meaure CUM.E.le)
47. Encourage extension of transit service to the project area. Reduction of project-generated
vehicle trips would reduce the project's contribution to cumulative noise impacts. (EIR
Mitigation Measures CUM.E.lb & CUM.F.Ic)
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48. To mitigate noise impacts from traffic on Camino Tassajara, the project sponsor would
construct a solid noise barrier along the northern project boundary. (EIR Mitigation
Measure CUM.F.Ia)
49. Extend the bicycle route along Camino Tassajara to the project site. Reduction of project-
generated vehicle trips shall reduce the project's contribution to cumulative noise impacts.
(EIR Mitigation Measure CUM.F.lb)
Street Names
50. At least 30 days prior to filing the Final Map, proposed street names (public and private)
shall be submitted for review by the Community Development Department, Graphics
Section(Phone#335-1270). Alternate street names shall be submitted. The Final Map
cannot be certified by the Community Development Department without the approved
street names.
Transportation Demand Managment Program
51. At least 30 days prior to filing a Final Map, the applicant shall submit two copies of a
Transportation Demand Management(TDM) information program in accord with the
requirements of Ordinance No. 92-31 for review and approval of the Zoning
Administrator. Applicant shall also comply with the County Growth Management
Program and Bay Area Air Quality Management District regulations regarding
transportation. Questions on satisfying this requirement shall be directed to Dan Pulon of
the Community Development Department, Transportation Planning Division at 335-1241.
(EIR Mitigation Measures CUM.E.Ic and CUM.F.Id)
Will-Serve Letters
52. Prior to filing a first final map, a will-serve letter from the San Ramon Valley Unified
School District shall be submitted to the Zoning Administrator.
53. Prior to filing a first final map, a will-serve letter from the Central Contra Costa Sanitary
District shall be submitted to the Zoning Administrator.
54. Prior to filing a first final map, a will-serve letter from the East Bay Municipal Utility
District shall be submitted.
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Conditions of Approval
Hazardous Material Inspection
55. Any chemicals stored on the site shall be properly removed and disposed of under County
Health Services Department regulations. Prior to commencement of site grading or the
issuance of a building permit, the applicant shall have the site inspected by a competent
hazardous waste materials expert who shall submit a report for the Zoning Administrator's
review attesting to the removal of any hazardous waste materials on site.
Phasing
56. A detailed plan specifying the pattern of phasing, including common area improvements,
shall be submitted for review and approval of the Zoning Administrator at least 30 days
prior to filing the first Final Map.
Notification of Agricultural Area
57. The following statement shall be recorded at the County Recorder's Office for each parcel
to notify future owners of the lots that they own property in an agricultural area:
"This document shall serve as notification that you have purchased
land in an agricultural area which include commercial uses 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;
commercial activities and related traffic; noise associated with farm
equipment and aerial crop dusting and certain animals and flies may
exist on surrounding properties. This statement is, again,
notification that this is part of the agricultural way of life in the
open space areas of Contra Costa County and you shall be fully
aware of this at the time of purchase."
Prior to recording the statement the applicant shall submit a copy of the proposed
statement for the review and approval of the Zoning Administrator.
21st Century Development Conditions
58. The project proponents shall work with the local telephone company to ensure that all
housing units are wired for electronic technologies that accommodate telecommuting by
residents.
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59. The developers shall provide, within the garage area of the home(s), a separate electrical
conduit for charging of electric-powered vehicles.
60. Construct bicycle and pedestrian facilities that provide safe access to neighborhood
commercial areas, parks, schools, convenience retail areas, transit stops, and park and ride
lots.
Acoustical Study
61. New residences or other new habitable structures shall be designed to comply with the
Sound Transmission Control Standards of the Uniform Building Code for the State of
California 1989 Amendments. Structural design shall be based on the recommendation of
an acoustical study of the site by an acoustical engineer to assure that interior noise levels
do not exceed a CNEL of 45 dB and that exterior noise levels do not exceed CNEL of 60
dB. The acoustical study shall be submitted to the Zoning Administrator for review and
approval prior to the filing of a Final Map.
Project Perimeter Fencing, Common Landscaping and Street Tree Improvements
62. Perimeter Fencing Plan - At least 30 days prior to filing a final map, the applicant shall
submit a project perimeter fencing plan for the review and approval of the Zoning
Administrator. Prior to submittal, the Public Works Department, Engineering Division
shall be provided an opportunity to comment on the plans. The fencing plan shall cover all
sides of the project exclusive of the park/school site, but shall also provide for wall or
fencing along the southern boundary of the park/school site.
A. A soundwall shall be constructed along the Camino Tassajara frontage west of
Jasmine Way. The wall be designed as a decorative masonry wall.
B. A six-foot tall decorative masonry wall placed along the southern boundary of the
park/school site except for pedestrian/bicycle openings at the end of the three
street cul-de-sacs.
C. A six-foot tall, solid channel lapboard fence or decorative masonry extending along
the east, south and west project boundaries except for Lots 162 and 163, and the
cul-de-sac connection between Lawrence Road and the west end of"H" Court.
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Conditions of Approval
The fencing plan shall consist of a site plan showing specific location of fence installation
to nearby property lines, and sample section of each fence or wall.
63. Common Landscaping and Street Tree Program- At least 30 days prior to filing a final
map, the applicant shall submit a final landscape/irrigation plan which has been prepared
by a licensed landscape architect for the review and approval of the Zoning Administrator.
The plan shall provide for all proposed common area landscaping (including landscaping
within road rights-of-way) and a street tree program. The plan shall be certified by the
landscape architect for compliance with the Water Conservation in New Developments
Ordinance. Proposed trees shall be a minimum 15-gallons in size, shrubs shall be a
minimum of 5 gallons in size. Prior to submittal to the Zoning Administrator, the Public
Works Department -Engineering Services Division and the East Bay Municipal Utility
District shall have been provided an opportunity to comment on the plans.
A. Street Trees - The street tree program shall make clear on their face as to how the
trees shall be irrigated. There shall be approximately one street tree per lot, except
on corner lots where there shall be at least two trees.
B. Jasmine Wav/Camino Tassajara Road Entry-Plans shall include special
landscape/hardscape improvements for the Jasmine Way/Camino Tassajara Road
entry. The entry shall include larger, specimen-sized trees and other visually
significant landscape improvements. Any permanent project signage identification
shall be indicated on the plans.
C. Scr ening of Utility Boxes - The location of any aboveground utility boxes (traffic
signals, electrical, etc.) shall be noted on the plans. Special landscape treatment of
these improvements shall be identified on the plans so as to screen them from
public view.
D. Design to Minimize Long;-Term Costs - The proposed landscape/irrigation
improvements shall be designed to minimize long-term costs to the County and
local community while providing for high-quality appearance.
64. Completion of Approved Plans and Performance Security-Unless otherwise authorized in
writing by the Zoning Administrator, all fencing, common landscaping, and street trees
within a phased final map shall be installed within six months of the final occupancy of the
last residence within that phased final map. Prior to approval of a final map, the applicant
shall provide a security acceptable to the Zoning Administrator to assure timely and
faithful completion of approved perimeter fencing, common landscape and street tree
plans. Prior to release of the security, the landscape and irrigation improvements shall be
inspected by a landscape architect to verify that required improvements have been
completed subject to final review and approval by the Zoning Administrator.
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Residential Fit and Alternative Residential Facade Plans
65. At least 30 days prior to the filing of each final map, the applicant shall submit a residential
fit plan for the review and approval of the Zoning Administrator. The plan shall specify
the which residential model is to be located on each lot, the number of stories associated
with that model, and the sideyard setbacks. The fit plan shall be in accord with the
following requirements.
A. At least 10% of each of the residential model types shall be located within each
phased final map, however not more than 25% of one model shall be located in any
phased final map.
B. Corner Lots - At four way intersections, at least two of the four corner lots shall
be restricted to single story models. If there are less than four corner lots at an
intersection, at least one corner lot shall be restricted to a single story model.
Two story models on corner lots shall incorporate either the hip design of the B
elevation or the optional build-out/cantilever as shown on the submitted
architectural plans dated June 30, 1997.
C. Lots 1 - 15 (Backing onto Camino Tassajara) -Per the House Plotting Plan dated
June 27, 1997, at least 50% of Lots 1 -15 shall be limited to single story models.
All two story models located on Lots 1 - 15 shall incorporate the optional build-
out/cantilever as shown on the submitted architectural plans dated June 30, 1997.
D. Lots 1, 32, 53, 54 68, 69, 74, 75, 76, 77, 78, 119, 161, and 162 (side or backing
to Jasmine Way) - Of the above referenced Lots, 50% shall be limited to single
story models per the House Plotting Plan dated June 27, 1997. All two story
models located on these Lots 1, 32, 33, 53, 54, 68, 69, 74, 119, 120, 161 and 162
shall incorporate the hip design of the B elevation as shown on the submitted
architectural plans dated 6/30/97. Lots 75, 76, 77, and 78 shall incorporate the
optional build-out/cantilever as shown on the submitted architectural plans dated
6/30/97.
E. Avoid Repetive, Adjacent Model Placement -No more than two, side-by-side lots
shall have the same model designs (irrespective of facade treatment)-
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Conditions of Approval
F. Lots 75, 79. 88 89, 98. 99 (side to school site) - Two story models located on
these Lots shall incorporate either the hip design of the B elevation or the optional
build-out/cantilever as shown on the submitted architectural plans dated June 30,
1997.
G. Identific tion of Units Required to Provide Automatic Sprinkler Systems - Any
lots required to provide automatic sprinkler systems pursuant to compliance with
the Growth Management Element Performance Standard shall be identified on the
proposed fit plan.
Three copies of the approved fit plan shall be provided to the Zoning Administrator prior
to filing a final map.
Proposed Modifications -Modification of the above standards will require application for
an amended final development plan in accord with the process requirements of the P-1
ordinance. Following approval of the fit plan, modifications to the approved fit plan are
only permitted where the applicant applies to the Zoning Administrator for modification,
and the request is accompanied by at least a $1000 filing fee; said review is subject to
payment of additional fees for staff time and materials should costs exceed initial fee
payment.
66. Alternative Facade Style and Roof Designs - At least 30 days prior to filing a final map,
the applicant shall submit at least 3 alternative residential facade and roof material plans
for each proposed model type for the review and approval of the Zoning Administrator.
The plans shall provide for a wide variety of roof and facade design materials including
stucco, brick, wood treatment and stone.
Payment of Supplemental Application Fees
67. This application is subject to the initial application fee which was paid with the application
submittal, plus time and material costs if the application review expenses exceed 120% of
the initial fee. Any additional fee due must be paid within 60 days of the permit effective
date or prior to use of the permit (filing of the first final map) whichever occurs first. The
fees include costs through permit issuance plus five working days for file preparation.
You may obtain current costs by contacting the project planner. If you owe additional
fees, a bill will be to you shortly after permit issuance.
Fee Contribution for Affordable Housing Study
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68. Prior to filing a final map,the applicant shall contribute $40,000 to a trust account in the
County Community Development Department for study of affordable housing issues and
possible responses affecting Contra Costa County.
Construction Period Restrictions
69. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. All noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M.,Monday
through Friday, and shall be prohibited on state and federal holidays. The
restrictions on allowed working days may be modified on prior written approval by
the Zoning Administrator. The applicant shall include this restriction in the
contract for any construction contractors or subcontractors employed on the site.
(EIR Mitigation Measure F.La)
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and concrete
pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading,the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site notice that construction work will commence. The notice shall
include a list of contact persons with name,title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be kept current at all times and shall consist of persons with authority
to indicate and implement corrective action in their area of responsibility. The
names of individuals responsible for noise and litter control,
tree protection, construction traffic and vehicles, erosion control, and the 24-hour
emergency number, shall be expressly identified in the notice. The notice shall be
re-issued with each phase of major grading and construction activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. The notice shall be accompanied by a list of the names
and addresses of the property owners noticed, and a map identifying the area
noticed.
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Conditions of Approval
D. The applicant shall diligently endeavor to keep the site litter free during the
construction period.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. This shall include provision for an on-site area in which
to park earth moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week days between
the hours of 9:00 AM and 4:00 PM.
G. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
Compliance with General Plan Growth Management Performance Standards
70. Comply with the following Growth Management Performance Standards from the General
Plan.
A. Water- The applicant shall be required to demonstrate that adequate water
quantity and water quality can be provided for the project. The County, based on
information furnished or available to it from consultations with the appropriate
water agency, the applicant or other sources, shall determine whether(1) capacity
exists within the water system if a development project is built within a set period
of time or(2) capacity will be provided by a funded program or other mechanism.
Project approvals conditioned on (1) or(2) above, will lapse according to their
terms if not satisfied by verification that capacity exists to serve the specific project
("will serve letters"), actual hook-ups or comparable evidence of adequate water
quantity and quality availability.
B. Sanitary Sewer - The applicant shall be required to demonstrate that adequate
sanitary sewer quantity and quality can be provided. The County, based on
information furnished or available to it from consultations with the appropriate
sewer agency, the applicant or other sources, shall determine whether (1) capacity
exists within the sewer system if the development project is built within a set
period of time, or(2) capacity will be provided by a funded program or other
mechanism. Project approvals conditioned on(1) or (2) above, will lapse
according to their terms if not satisfied by verification that capacity exists to serve
the specific project ("will serve letters"), actual hook-ups or comparable evidence
of adequate sewage collection and wastewater treatment capacity availability.
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C. Fire Protection -Prior to filing a final map, the applicant shall demonstrate that all
of the proposed development is located within one and one-half miles of a fire
station, or that development within the project that is located more than one and
one-half miles from a fire station shall be required to provide automatic fire
sprinkler systems.
D. Public Protection (Sheriff Station Area) - If determined by the Zoning
Administrator to be needed at the time of the filing of the first final map, the
applicant shall be required to provide funding for a proportional share of the
Sheriff facility standard of 155 square feet of station area per 1,000 new residents.
E. Parks and Recreation - The applicant shall be required to contribute $5000 per
lot for park land dedication fees.
PUBLIC WORKS DEPARTMENT REQUIREMENTS
Road and Drainage Requirements
General Requirements:
71. This development shall conform to the requirements of Title 8, Title 9 and Title 10 of the
Ordinance Code. Any exceptions therefrom must be specifically listed in the conditions of
approval. Conditions of approval are based on the revised Final Development Plan and
Vesting Tentative Map dated May 28, 1997.
72. Applicant shall submit improvement plans, prepared by a registered civil engineer,to
Public Works and pay appropriate fees in accordance with County Ordinance and these
conditions of approval.
Road Improvements (Frontage):
73. Applicant shall construct curb (face of curb shall be 32.3 meters [-106-feet] from the
northern most existing curb), at least a 1.8 meter(-6-foot) meandering sidewalk, necessary
longitudinal and transverse drainage, street lighting, border landscaping and irrigation, new
pavement, widening of existing pavement, and necessary pavement transitions along the
frontage of Camino Tassajara. A 9.1 meter(-30-foot)wide median island (including
landscaping and irrigation or textured concrete) shall be provided, conforming with
existing improvements west of the project and transitioning easterly to an 11.6 meter(-38-
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Conditions of Approval
foot)wide median island prior to reaching the Oak Gate Drive/Jasmine Way intersection.
The 11.6 meter(-38-foot) width shall be continued eastward to the future school/park site
entrance. The median island curb (north side) shall be constructed 10.4 meters (-34-feet)
from the northern most existing curb. Transitions shall be designed for a 88.5 km/h(-55-
mph) design speed. (EIR Mitigation Measure D.3)
74. If installation of all or any portion of the median island (including surface treatment and/or
landscaping and irrigation facilities) is not feasible at this time, as approved by Public
Works, the applicant shall pay an in-lieu cash deposit to the Road Improvement Trust Fund
(No. 819200-0800).
75. A sketch plan shall be submitted for review to the Public Works Department,Engineering
Services Division, showing all required frontage improvements along Camino Tassajara
prior to starting work on the improvement plans. The sketch alignment plan shall be to
scale and show off-site transitions, as necessary, curb lines, lane striping details and cross-
sections. The sketch plan shall extend a minimum of 76.0 meters (-250-feet) beyond the
limits of the proposed work. The sketch alignment plan shall also include adequate
information to show that adequate sight distance has been provided. The design speed for
Camino Tassajara shall be 88.5 km/h (-55-mph).
76. Applicant shall install a traffic signal at the intersection of Camino Tassajara/Jasmine
Way/Oak Gate Road. The signal shall be interconnected to the proposed signal to the west
at Mansfield Drive and/or the signal to the east at the future school/park entrance or
Shadow Creek Drive(whichever is constructed first), if one or both of those signals have
been constructed prior to the filing of the first Final Map for this project. If the signal to the
west at Mansfield Drive and/or the signal to the east at the future school/park entrance or
Shadow Creek Drive(whichever is constructed first) have not been constructed prior to the
filing of the first Final Map for this project,the applicant shall provide necessary conduit
and pull boxes along that portion of the project frontage in the direction of the
unconstructed signal or the entire project frontage, if both signals have not been
constructed, to allow the signal(s)to be interconnected in the future.
The applicant may enter into a reimbursement agreement with the County for up to 50% of
the total cost of installing the signal at the intersection of Camino Tassajara and Jasmine
Way/Oak Gate Road from previous and future development in the area that have been
and/or will be conditioned to contribute to the construction of this signal.
Road Improvements (On-Site):
77. Applicant shall construct the on-site road system to County public road standards or other
alternative standards subject to the reivew and approval of the Public Works Department.
(EIR Mitigation Measures D.3,D.4)
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78. Applicant shall install safety related improvements including intersection controls, traffic
signs and striping, as necessary, subject to the review and approval of the Public Works
Department, Transportation Engineering Division(EIR Mitigation Measure D.7).
79. Applicant shall construct emergency vehicle accesses between`B" Court and Jasmine Way
and"H" Court and Lawrence Road, south of Jasmine Way, subject to the review of Public
Works and the Fire District and the review and approval of the Zoning Administrator. (EIR
Mitigation Measure D.5)
80. All roadways and intersections within the subdivision shall comply with Ordinance Code
sight distance requirements and Caltrans stopping sight distance standards. Revisions to
the site plan to conform to this requirement shall be submitted to Public Works for review
and to the Zoning Administrator for review and approval. The following design speeds
shall be utilized for stopping sight distance determination:
* Residential Streets -48.3 km/h(-30-mph)
* Jasmine Way- 64.4 km/h(-40-mph)
* Camino Tassajara- 88.5 km/h(-55-mph)
(EIR Mitigation Measure D.6)
81. Applicant shall submit a sketch plan to ensure the feasibility of extending"A" Street and
"C" Street to the east. The plan shall include horizontal and vertical alignments and shall
extend a minimum of 76.0 meters (-250-feet) east of the property line.
Specific Road Improvements (On-Site):
Jasmine Way
82. Applicant shall design the pavement structural section for relocated Lawrence Road
(Jasmine Way)to accommodate the short term effects of construction vehicles from this
project or traffic from ultimate development in the area, whichever is greater, subject to the
review of Public Works. (EIR Mitigation Measure D.la)
83. Applicant shall install border and median island landscaping and irrigation along Jasmine
Way.
Lawrence Road(south of Jasmine Way)
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Conditions of Approval
84. Applicant shall reconstruct the section of Lawrence Road, south of Jasmine Way, in
conformance with the typical section shown on the Final Development Plan and Vesting
Tentative Map dated May 28, 1997. (EIR Mitigation Measure D.3)
85. Applicant shall construct a 6.1 meter(-20-foot) radius curb return on the southeast corner
of the Jasmine Way/Lawrence Road intersection.
86. Applicant shall install border landscaping and irrigation along the east side of Lawrence
Road, subject to the review of the Public Works Department and the review and approval
of the Zoning Administrator.
87. Applicant shall obtain an encroachment permit for any work to be completed within the
Town of Danville.
Access to Adjoining Property:
Proof of Access/Acquisition
88. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements
for the construction of off-site, temporary or permanent, public and private road and
drainage improvements.
89. Applicant shall furnish proof to Public Works that legal access to the property is available
from Camino Tassajara.
Abutter's Rights
90. Relinquish abutter's rights of access along the following frontages: Camino Tassajara;
Jasmine Way, between Camino Tassajara and Lawrence Road, excluding the emergency
vehicle access at the end of`B" Court; the east side of Lawrence Road, between Jasmine
Way and the southern property line, excluding the frontages of Lots 162 and 163 and the
emergency vehicle access at the end of"FP' Court;the north side of"A" Street, between
Jasmine Way and the east property line.
Notification of Future Through Street
91. Applicant shall install signage at the east end of"A" Street and"C" Street to inform
prospective property owners that these streets may be extended in the future.
92. Applicant shall provide deed notification for those parcels that abut or front on"A" Street,
east of Jasmine Way, "G" Court, from Jasmine Way to"C" Street, and"C" Street,to
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inform perspective property owners that "A" Street and"C" Street may be extended to the
east in the future.
AOB Reimbursements:
93. The applicant, prior to constructing any public road improvements, may contact the Public
Works Department to determine the extent of any eligible credits or reimbursements
against the area of benefit fee.
Road Dedications:
94. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary
for a width of 41.5 meters (-136-feet)along the frontage of Camino Tassajara. This right of
way width incorporates a basic road right of way width of 39.0 meters (-128-feet)which is
planned for this corridor, as well as an additional 2.5 meters (-8-feet) of parkway area
behind the face of curb.
95. Applicant shall convey to the County, by Offer of Dedication, the right of way for all on-
site public roadways as shown on the Final Development Plan and Vesting Tentative Map
dated May 28, 1997.
Street Lighting:
96. Street lights shall be installed and the property annexed to County Service Area L-100, or
alternative entity that is acceptable to the Public Works Department, for maintenance of the
street lighting. The final number and location of the lights shall be determined by the
Public Works Department,Engineering Services Division. Application for annexation to
C.S.A. L-100 Lighting District shall be submitted prior to filing of the first Final Map.
Landscaping:
97. Prior to filing the first Final Map,the applicant shall apply to the Public Works Department
for annexation to the County Landscaping District AD 1979-3 (LL-2)L-100, or alternative
entity that is acceptable to the Public Works Department, for the future maintenance of
landscaping and irrigation facilities in median islands, parkways and other areas ("open
space" is specifically excluded).
98. Permanent landscaping and automatic irrigation facilities shall be installed within the
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
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Conditions of Approval
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.
99. Prior to filing the first Final Map, two sets of landscape and irrigation plans and cost esti-
mates, prepared by a licensed landscape architect, shall be submitted to the Special District
Section of the Public Works Department for review and recommendation prior to submittal
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 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.
Pedestrian Facilities:
100. Applicant shall provide pedestrian/bicycle access connections to Jasmine Way from the
end of`B" Court and"F" Court and to Lawrence Road from the end of"H" Court. A
pedestrian/bicycle access connection to the open space area along the west property line
shall be provided from the end of"D" Court.
101. All public 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.
Transit:
102. Applicant shall provide for future transit by constructing a bus turnout on Camino
Tassajara at an appropriate location. The location of the turnout shall be subject to the
review and approval of the appropriate transit authority. Sufficient monies shall be
deposited, as determined by the transit authority, for a bus stop shelter, bicycle racks, and
bicycle lockers to be installed by the authority once regular transit service to the area
begins. The deposit of monies for the bus stop facilities shall be made prior to the filing of
the first Final Map. (EIR Mitigation Measure D.3)
Parking,•
103. Parking shall be prohibited and "No Parking" signs installed along both sides of Jasmine
Way,the east side of the portion of Lawrence Road, south of Jasmine Way, and the north
side of"A" Street, between Jasmine Way and the east property line, subject to the review
and approval of the Public Works Department.
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Utilities/Under roundin :
104. All utility distribution facilities shall be installed underground, including any existing
overhead distribution facilities along the frontage of Camino Tassajara. The applicant
shall work with Public Works in determining where underground utilities will be located
along Camino Tassajara in the vicinity of the school/park site frontage.
Construction:
105. Applicant's haul route shall be via Crow Canyon Road and Camino Tassajara from the
Crow Canyon RoadBlackhawk Road intersection to the project site. Applicant shall not
use Camino Tassajara to the east of the project site or Sycamore Valley Road/Camino
Tassajara west of Crow Canyon Road. (EIR Mitigation Measure D.Ib)
Sound Walls:
106. A decorative sound wall shall be constructed adjacent to, but outside of,the right of way
along Camino Tassajara, west of the Camino Tassajara/Jasmine Way intersection. The
sound wall shall be constructed of a solid masonry type material and shall be designed to
be airtight and attenuate the noise from the road based upon the traffic levels at general
plan build out and upon the ultimate width and alignment of the road. Design of the sound
wall shall be submitted to the Town of Danville for review and is subject to the review and
approval of the Zoning Administrator. The reviews will address design features of the wall,
including height and construction materials,to insure that the wall compliments existing
sound walls along Camino Tassajara and that the wall does not create any visual impacts.
The construction of the sound wall shall be bonded with the project road improvements.
Prior to filing of the first Final Map, the applicant shall identify the entity(including a
funding source)that will be responsible for the long-term maintenance of the sound wall.
(EIR Mitigation Measure F.3)
Drainage Improvements:
107. 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 public storm drainage facility which conveys the storm waters to a
natural watercourse.
108. The nearest public drainage facility is being constructed along Lawrence Road . Applicant
shall verify its adequacy prior to discharging run-off. (EIR Mitigation Measure I.4a)
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Conditions of Approval
109. Storm drainage facilities required by Division 914 shall be designed and constructed in
accordance with specifications outlined in Division 914 and in compliance with design
standards of the Public Works Department. (EIR Mitigation Measures 1.4a,I.5e)
110. Storm drainage originating on the property and conveyed in a concentrated manner shall be
prevented from draining across the sidewalk(s)and driveway(s).
111. The applicant shall install within a dedicated drainage easement any portion of the drainage
system which conveys run-off from public streets.
112. Prior to filing the first Final Map, applicant shall submit a drainage study, subject to the
review and approval of the Contra Costa County Flood Control &Water Conservation
District(CCCFC&WCD), which includes analysis of existing, interim and ultimate
drainage conditions and facilities and the feasibility of the plan to provide necessary
drainage mitigation. The study shall address any potential detention basin(s), basin
locations, basin size(s)and performance criteria and the impact from existing drainage
facilities as well as implemented drainage mitigation on drainage facilities and
watercourses downstream of the project and at the County line. The report shall also
address levee stability, embankment protection, draw-down effect and liquefaction
concerns related to any on-site detention basin. (EIR Mitigation Measure I.4b)
113. Applicant shall reduce post-development flows to predicted pre-development flow levels at
the County line. The project shall under no circumstances result in a peak flow rate in
Alamo Creek at the County line greater than the flow restriction of 132.3 cubic meters per
second (4670 cfs), when considering ultimate development of the watershed. This flow
limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate
this project's increase in peak flow rates within Alamo Creek by implementing one of the
following measures:
A. Constructing an on-site detention basin at the down gradient end of the project site
to reduce post-development flows to predicted pre-development flow levels at the
downstream project boundary and at the County line. The preliminary design of the
basin shall be based on results from hydrology modeling which utilizes the
CCCFC&WCD model or other hydrology modeling which meets the approval of
CCCFC&WCD,
OR,
B. Prior to filing the first Final Map, obtain agreements and coordinate with other
developments within the Alamo Creek watershed to increase the size and capacity
of off-site detention basin(s), as necessary, to reduce this project's post-
development flows to predicted pre-development flow levels at the County line. All
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off-site drainage mitigation in conjunction with any other development within the
Alamo Creek watershed shall be subject to the review of the CCCFC&WCD and
review and approval of the Public Works Department.
OR,
C. Project storm water shall drain to the southern end of the project and discharge into
the Lawrence Road drainage system that runs south down Lawrence Road and
discharges into Alamo Creek. Increased storm water run-off from this project and
other development in the Lawrence Road area that will be served by this drainage
system will be mitigated by detention facilities downstream of the Lawrence Road
area. Applicant shall form a benefit assessment district or annex into an existing
benefit assessment district to collect revenue for this projects fair share cost of
maintaining the downstream storm water detention facilities.
(EIR Mitigation Measure I.2a)
114. Prior to the issuance of a Grading Permit(s), applicant shall obtain all drainage related
permits (County Drainage Permit, Fish and Game Permit, Army Corps Permit,Regional
Water Quality Control Board Permit), as required.
115. Applicant shall retain a licensed geotechnical engineer to perform a study which analyzes
slope stability, allowable creek velocity, and erosion potential for Alamo Creek,
downstream of the project, where peak runoff and runoff volume has increased due to the
project subject to the review and approval of the Zoning Administrator. If impacts are
identified in the study, then improvements necessary to mitigate those impacts will be
added to the Danville Benefit District and the applicant will pay their fair share of those
improvment costs.
116. If an on-site detention basin is constructed, the applicant will be required to comply with
the following. If an on-site basin is not constructed,this condition of approval shall be
waived.
A. Prior to filing the first Final Map, applicant shall submit a revised site plan which
provides for an on-site detention basin of adequate volume. Access and
maintenance roads shall also be shown. The revised site plan shall be subject to the
review of Public Works and the review and approval of the Zoning Administrator.
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Conditions of Approval
B. Design of the detention basin shall be submitted to the Alameda County Flood
Control District for review and comment and to the CCCFC&WCD for review and
approval. (EIR Mitigation Measure 1.2b)
C. The detention basin shall be somewhat oversized, subject to CCCFC&WCD
review,to ensure that the initial accumulation of sediment will not reduce the
storage capacity of the basin required for the design storm. (EIR Mitigation
Measure I.2c)
D. The basin design shall incorporate features to avoid long-ponding stagnant water
that could become a source of odors, mosquitoes and a hazard to public health.
(EIR Mitigation Measure 1.2d)
E. Develop and implement a detention basin/drainage facility maintenance plan
including a secure and perpetual funding source and maintenance entity for regular
basin maintenance to clear sediment,trash and other pollutants. The basin must
comply with CCCFC&WCD standards for operation and maintenance.
CCCFC&WCD does not maintain basins which are less than 18,500 cubic meters
(-15 acre-feet) in size. (EIR Mitigation Measure 1.2e)
F. Basin design shall include installation of fencing and signing around the entire
basin site and around inlet and outlet structures and the installation of a trash
rack(s)to prevent access to the structure(s). (EIR Mitigation Measure I.3)
G. The detention basin shall comply with CCCFC&WCD detention basin guidelines
to include provisions for a perimeter service road with access from a public
roadway and two feet of freeboard between the maximum 100 year water surface
elevation and the lowest point along the top of bank.
H. If a dual use is proposed within the storm drain infrastructure, it must be
compatible with the primary use of flood control and meet the approval of
CCCFC&WCD. If dual use is proposed,there must be a license agreement for said
dual use signed prior to filing of the Final Map.
NPDES:
117. Applicant shall comply with all rules, regulations and procedures of the National Pollutant
Discharge Elimination Systems.
118. Applicant shall obtain a General Construction Activity Storm Water Permit. A Notice of
Intent for this permit shall be submitted to the State Water Resources Control Board and a
copy of the Notice provided to Building Inspection prior to the issuance of a Grading
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Permit. A storm water pollution prevention plan (SWPPP)and monitoring program shall
be required with this permit. As part of the SWPPP,the applicant shall include prescribed
procedures aimed at reducing the potential for significant impacts on water quality caused
by a chemical spill, require safe collection and disposal of hazardous substances generated
during construction activities, and include an emergency response program to ensure quick
and safe cleanup of accidental spills. The plan shall identify areas where refueling and
vehicle maintenance activities are allowed (these shall be permitted only where full
containment of spills is provided). Any hazardous materials to be stored on-site are to be
stored only in fully contained areas. Storage areas are to be shown on a map of the project
site. Measures to control access, prevent spills and protect stored materials overnight and
on weekends must also be described. (EIR Mitigation Measure I.1)
119. Prior to filing the first Final Map, applicant shall develop a comprehensive storm water
quality plan for the reduction or elimination of storm water pollutants applying the
following performance standard: implementation of the project will not degrade water
quality in Alamo Creek such that beneficial uses identified by the Regional Water Quality
Control Board would be impaired or precluded. This plan and project design shall
incorporatethe following long-term Best Management Practices (BMP's) in accordance
with the Contra Costa County Clean Water Program for the site's storm water drainage.
- Shallow roadside swales adjacent to Jasmine Way filtering run-off from a minimum
of 45% - 50% of the site.
- Offer pavers for household walkways as an option to buyers. This will reduce the
amount of directly connected impervious surface area.
- Street sweeping. Street sweeping shall occur at least once a year between
September 1 and October 15. Verification shall be submitted to the Contra Costa
County Clean Water Program.
- Annual public education through the Homeowners Association.
- Distribute public information items regarding the Clean Water Program to buyers.
- Construct driveway weaken-plain joints at angles to assist in directing runoff to
landscaped pervious areas prior to entering the street curb and gutter.
In addition to the above, the Applicant shall work with the Public Works Department
during final design to maximize the percentage of site run-off to be filtered through the
roadside swales.
120. Development and implementation of BMP's for this project may require the modification
of the project site plan and/or the provision of additional road right of way beyond that
which is required by these conditions of approval and/or the elimination of lots.
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Conditions of Approval
121. Applicant shall submit a storm water quality maintenance and monitoring plan applying the
following performance standards: implementation of the project will not degrade water
quality in Alamo Creek such that beneficial uses identified by the Regional Water Quality
Control Board would be impaired or precluded. This plan shall demonstrate a secure and
perpetual funding source and maintenance entity that shall be responsible for maintenance
of clean water/private drainage facilities. The plan shall also include a schedule of
monitoring and reporting to ensure the long-term effectiveness of the facilities and identify
the entity responsible for performance and oversight of the monitoring and reporting
program. (EIR Mitigation Measure I.5c)
122. The storm water quality plan and maintenance and monitoring plan shall be subject to the
review of Public Works and the review and approval of the Zoning Administrator. (EIR
Mitigation Measures 1.5a, b, d, e, CUM.I.1)
Fees:
123. Applicant shall pay all fees that are in effect as of June 19, 1997, the date that the Planned
Unit District zoning became effective. For purposes of determining the applicant's
development rights under Section 66498.1 of the Government Code, that date shall
constitute the vesting date for the subdivision. Nothing in this condition authorizes the
extension of the applicant's vesting rights under Section 66498.1 of the Government Code
beyond the period of time authorized in the Subdivision Map Act.
124. Applicant shall comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the South County Area of Benefit as adopted by the Board of Supervisors.
125. Applicant shall comply with the adopted Ordinance requirements for the Southern Contra
Costa Fee Areas (Southern Contra Costa Regional Fund and Southern Contra Costa
Subregional Fund)as outlined in the SCC JEPA.
126. Prior to the issuance of Building Permits, applicant shall pay the appropriate fee, if
adopted, for mitigation of impacts, as a result of development east of this project in the
Tassajara Valley area, at the Crow Canyon RoadBlackhawk Road/Camino Tassajara
intersection or as identified in the approved TVPOA project and which will have a direct
benefit to the Tassajara Meadows project. (EIR Mitigation Measure CUM.D.2a)
127. Prior to the issuance of Building Permits, the applicant shall comply with the Tri-Valley
Transportation Regional Fee requirements, if adopted by the Board of Supervisors.
Metric Units:
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128. The County Public Works Department is requiring that all first check submittals and
accompanying calculations including subdivision grading plans, improvement plans,
hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and
descriptions will be in metric units. Exceptions may be permitted by the Public Works
Department, Engineering Services Division, based upon evidence of substantial hardship.
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AdvisoryNotes
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 INFORMING THE APPLICANT OF
ADDITIONAL LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED
WITH DEVELOPMENT.
A. The applicant/owner should be aware of the expiration dates and renewing requirements
prior to recording the Parcel Map.
B. Comply with the requirements of the Central Sanitary District.
C. Comply with the requirements of the San Ramon Valley Fire Protection District.
D. Comply with the requirements of the Health Services Department, Environmental Health
Division.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
F. Comply with the requirements of the East Bay Municipal Utility District.
G. This project may be subject to the requirements of the Department of Fish& Game. It is
the applicant's responsibility to notify the Department of Fish& Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within the development that
may affect and fish and wildlife resources, per the Fish and Game Code.
H. This project may be subject to the requirements of the United States 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.
I. Payment of Fish& Game Fee - The applicant is required to pay an environmental review
fee of$850 for the Department of Fish and Game at the end of the appeal period. Failure
to do so will result in fines. In addition, the approval is not final or vested until the fee is
paid. A check for this fee shall be submitted to the Community Development Department
made out to Contra Costa County for submittal with the final environmental documents.
J. NPDES Requirements - The applicant shall be required to comply with all rules,
regulations and procedures of the National Pollutant Discharge Elimination System
(NPDES) permit for municipal, construction and industrial activities as promulgated by
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the California State Water Resources Control Board or any of its Regional Water Quality
Control Boards (San Francisco Bay-Regional II or Central Valley-Region V).
K. Processing Time and Cost for Establishment of a Police Services District - The applicant is
advised that the tax for the police services district is currently set by the Board of
Supervisors at $200 per parcel annually(with appropriate future Consumer Price Index
(CPI) adjustments). The annual fee is subject to modification by the Board of Supervisors
in the future. The current fee for holding the election is $800 and is also subject to
modification in the future. The applicable tax and fee amounts will be those established by
the Board at the time of voting. The applicant is advised that the election process takes
from 3 to 4 months and must be completed prior to recording the Final Map.
L. Vesting Tentative Map Rights - The approval of this vesting tentative map confers a
vested right to proceed with development in substantial compliance with ordinances,
policies, and standards in effect as of June 19, 1997, the date that the rezoning of the site
to the Planned Unit District took effect. The vested rights also applies to development
fees which the County has adopted by ordinance. These fees are in addition to any other
development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Park Dedication $5000 per residence.
Child Care Fees Payment of Any applicable fees.
An estimate of the fee charges for each approved lot may be obtained by contacting the
Building Inspection Department at 335-1192.
M. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act,
the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the
Subdivision Map act shall last for an initial period of two (2) years following the recording
date of the final/parcel map. These rights pertain to development fees and regulations.
Where several final maps are recorded on various phases of a project covered by a single
vesting tentative map, the initial time period shall begin for each phase when the final map
for that phase is recorded.
At any time prior to the expiration of the initial time period, the subdivider may apply for a
one-year extension. The application shall be accompanied by the applicable filing fee. If
the extension is denied by an advisory agency, the subdivider may appeal that denial to the
SUB-40
Advisory Notes
Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the
Clerk of the Board within 15 calendar days.
The initial time period may also be subject to automatic extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications by the County.
At the expiration of the vesting time period, remaining development (i.e., new building
permits) within the subdivision shall be subject to development fees and regulations in
effect at that time.
c:\wpdoc\958000-c.coa
RD\
rev.8/5/97-rd
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SUPPLIIVIENTAL MATERIAL
ADVISFIVUNT FORM
AGENDA DATE: � `r 9� TIF1M NO.:
❑ ADDITIONAL MATERIALS AVAILABLE IN THE MINUTES
❑ ITEM CONTINUED TO:
❑ ITEM DELETED
❑ PUBLIC COMMENT - NONE
❑ CONSIDERED CONSENT ITENLS PREVIOUSLY REMOVED -
SEE SiJMMARY FOR CHANGES; OTHERWISE APPROVED AS
LISTED ON THE AGENDA
TfIIS SECTION FOR PLANNING iTIlVS ONLY
ADDITIONAL MATERIAI, AVAILABLE IN FILE (NAME):
/99710,