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MINUTES - 07262005 - D7 CEQA
DISCOVERY BAY WEST VILLAGE V INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Contra Costa County Community Development Files: GP030007 RZ043142 SD048828 DP043019 Prepared for Contra Costa County Community Development Department FEBRUARY 2005 Prepared by Amy Skewes-Cox, AICP TABLE OF CONTENTS + NEGATIVEDECLARATION.............................................................................................................iii CHAPTERI INTRODUCTION........................................................................................................... 1 CHAPTER2 SUMMARY..................................................................................................................... 3 CHAPTER3 PROJECT DESCRIPTION............................................................................................ 21 CHAPTER 4 ENVIRONMENTAL CHECKLIST..............................................................................33 1. Aesthetics............................................................................................................................ 33 2. Agricultural Resources....................................................................................................... 35 3. Air Quality......................................................................................................................... 37 4. Biological Resources.........................................................................................................39 5. Cultural Resources............................................................................................................. 53 6► Geology and Soils...............................................................................................................54 Yr 7. Hazards.............................................................................................................................. 57 8. Hydrology and Water Quality.............. ........... 60 9. Land Use and Planning.....o..........................................................o.........o............o-o............ 64 10. Mineral Resources...........o.................o.....................................................o........................66 11. Noise.....................................0..............................................0........................o..................67 12. Population and Housing...o.....................................o......................................................... 75 13. Public Services...................................................o..............................o....o............o............ 76 14. Recreation...o....................oo............o........o.................o.o...00..o...............o............................ 79 15. Transportation/Traffic....................................................... ........000..............oo.............. 80 16. Utilities and Service Systems........................................................................................... 85 17. Mandatory Findings of Significance..........................o..................................................... 88 CHAPTER 5 MODIFIED OR NEW MITIGATION MEASURES.................................................... 91 CHAPTER6 BIBLIOGRAPHY........................................................0.................................................. 97 CHAPTER 7 PREPARERS OF THE INITIAL STUDY....................................................................99 APPENDICES Appendix A: U.S.Army Corps of Engineers Letter Re: Wetland Delineation Appendix B: Mitigation Monitoring Program from 1994 FEIR Appendix C: Responses to Project Application Form Appendix D: Consent Agreement for Mitigation Measures DISCOVERY BAY WEST VILLAGE V INITIAL STUDY TABLE OF CONTENTS LIST OF FIGURES Figure1: Vicinity Map................................................................................................................ 5 Figure 2: Tentative Subdivision Map for Village V.................................................................... 7 Figure 3: Village V Overlay on Village IV.................................................................................9 Figure 4A: Impact to 200-Acre Grant Deed of Development Rights .......................................... 13 Figure 4B: Net Disturbance to 200-Are Open Space Parcel........................................................ 15 Figure5 Village V Access ....................................................................................................... 23 Figure 6: Bicycle and Pedestrian Facilities Exhibit..................................................................27 Figure7: Utilities....................................................................................................................... 29 Figure 8 Village V Overlay Jurisdictional Delineation............................................................ 51 Figure 9A: Proposed Land Use 69 Figure 9B: Existing Land Use Exhibit o.0.0 0.0..0.0....0.............0....0......0...............o.o.............. 71 Figure 10: Conservation and Open Space Exhibit..........................0................0........•o................73 LIST OF TABLES Table 2-1 Proposed Unit Count.............................0.........0.......0.........0..............0.............. Table 3-1 Proposed Acreages by Land Use for Village V.•......•.O..,..O..o..... .................. ...... 22 Table 3-2 Comparison of Proposed Village Vto Development Addressed in 1994 FEIR....... 31 own% NEGATIVE DECLARATION TO: Office of Planning and Research 1400 Tenth Street,Room 121 Sacramento,CA 95814 County Clerk, Contra Costa County FROM: Contra Costa County Community Development Department 651 Pine Street,4th Floor—North Wing Martinez,CA 94553 Project Title: Discovery Bay West Amendment: Proposal for Village V 01 Applicant: Hofmann Land Development Company, Inc. Project Location: Discovery Bay West, in eastern portion of Contra Costa County; Assessor's Parcel Numbers: 011-241-006,011-241-007,011-241-008 Project Description: The Hofmann Land Development Company, Inc. (project applicant) requests approval of a General Plan Amendment, a rezoning, a major subdivision and an amendment to the tentative subdivision map and preliminary development plan for the Discovery Bay West project (County Files #SD917686 and #DP913025). Areas currently designated Single-Family Medium Density and Delta Recreation&Resources would be changed to Single-Family High Density to allow the development of 432 single-family residential lots on 96 acres, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120-slip manna on 20 acres and 7 acres of boat storage and parking for the marina (see Figures 1, 2, and 3). The proposed project involves the eastward expansion and reconfiguration of the eastern half of the area designated as Discovery Bay West Village IV on the approved preliminary development plan. The total unit count for Discovery Bay West would be reduced from 2,000 to 1,999 units. In 1994, a Final EIR was certified for the Discovery Bay West General Plan Amendment and Related Actions (Contra Costa County, 1994). Originally, the entire Discovery Bay West project was to be built in four major phases (Villages I-M. To date, Village I and much of Villages H and HI have been completed. In addition, the applicant has completed construction of a new elementary school, a public park, fire station, sewage treatment plant, water treatment plant,, water storage facilities, park and ride lot, and offsite road improvements. A bond has also been posted for the construction of a Community Center and a site for this center has been dedicated. Development rights over about 200 acres were to be dedicated to the County as open space because these lands originally included jurisdictional wetlands. A 46-acre marina was an approved use under the development restriction.The final deeds for this dedication of development rights were provided by the applicant, but have not =44" DISCOVERY BAY WEST VILLAGE V INITIAL STUDY NEGATIVE DECLARATION been recorded by the County. The proposed project would reduce the acreage required for dedication by 18.9 acres, from 200 to 181.1. In 2001,the applicant's biological consultant prepared an updated survey of the jurisdictional wetland area within the 200-acre dedication site and prepared a revised wetlands delineation map. Some of the previously designated acreage was removed from the U.S. Army Corps of Engineers (USACOE) jurisdiction. At the time of the 1994 FEIR, a total of 227.9 acres of jurisdictional wetlands were identified. The new delineation has identified a total of 127.79 acres of wetland for the same area surveyed. Based on the reduced acreage of jurisdictional wetlands, the applicant has proposed to revise its original land use plan for the eastern portion of Village IV and call it Village V. The Village V proposal requires two related impacts to be considered that were not considered in the 1994 FEIR. First, there are 20.5 acres of newly disturbed lands beyond the original scope of Village IV as shown on the Exhibit titled, "Net Disturbance to 200 Acre Open Space Parcel" (Figure 4B). Second, there would be a net loss of 18.9 acres within the 200-acre grant deed of development right restriction as shown on the Exhibit titled, "Impact to 200 Acre Grant Deed of Development Rights" (Figure 4A). This Initial Study focuses on the changes to the project as compared to the development proposed and evaluated in the 1994 FEIR. Finding: Based on the attached Initial Study,it has been found that the project would not have a significant effect on the environment as mitigated. See mitigation measures within the Initial Study and the attached Consent Agreement for Mitigation Measures(Appendix D). V24M IV Amu B 4 CHAPTER 1 INTRODUCTION This Initial Study evaluates the Hofmann Land Development Company's proposal to amend the land use plan for the eastern portion of Discovery Bay West,Village IV.The new and amended portion of the project has been designated Village V. Based on an updated wetlands study and wetlands delineation approved by the U.S. Army Corps of Engineers (USACOE), there are fewer acres of jurisdictional wetlands than originally delineated, and the applicant has proposed to revise its original land use plan for the eastern portion of Village IV (now Village V). This new village would extend into a portion of the area where development rights were originally to be granted to the County. The total number of units already approved for Discovery Bay West is 2,000 and the proposed project would result in the development of 1,999 total residences. The area to be graded would be expanded by approximately 24.1 acres for residential use and 34 acres of marina on land in the area where a grant deed of development rights was provided. The 200-acre grant deed of development rights included 45.6 acres that were reserved for the original marina,providing a net of 154.4 acres of open space. The new proposed marina at 34 acres with the 24.1 acres of residential use totals 58.1 acres of development, resulting in a net of 141.9 acres of open space, or a 12.5-acre reduction from the grant deed.' This Initial Study focuses on the changes to the project as compared to the development proposed and evaluated in the 1994 FEIR on the Discovery Bay West General Plan Amendment (Contra Costa County CDD, 1994). The 1994 FEIR is incorporated herein by reference. Discovery Bay West is a development planned on a 1,089-acre site in the eastern portion of Contra Costa County,just north of Highway 4. Ultimate buildout of the Village V community is projected to include a resident population of about 1,261 persons. The purpose of this Initial Study is to determine whether the proposed project is"within the scope"of the 1994 FEIR and to examine the continued adequacy of the 1994 FEIR. This Initial Study assesses whether: 1) there are any additional significant environmental effects not previously examined in the 1994 FEIR; 2) any new mitigation measures are required; and 3) any substantial changes have occurred with respect to the circumstances under which the 1994 FEIR was certified or whether there is new available information which was not known and could not have been known at the time the 1994 FOR was certified such that major revisions of the previous 1994 FEIR would be required. (CEQA Guidelines Section 15162). A "substantial change" must involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects (CEQA Guidelines Section 15162). The Initial Study also assesses if there are any additional environmental impacts that may require further mitigation that were not previously addressed in the 1994 FEIR. However,an additional 3.8 acres that were originally adjacent to the 200-acre area is now proposed to be added to the grant deed area and 22.7 acres is proposed to be removed, leaving a total dedication of 181.1 acres,or 18.9 fewer acres than the 1994 required dedication. V24M 1 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY I,INTRODUCTION Earlier environmental documents addressing the Discovery Bay West development include the following: 1. Contra Costa County Community Development Department, 1994. Final EIR on the Discovery Bay West General Plan Amendment and Related Actions,October. 2. Contra Costa County Board of Supervisors, 1994. Findings Related to the Certification of -= Environmental Impact Report and Adoption of General Plan Amendment,December 20. 3. Contra Costa County, 1995. Mitigation Monitoring Program for the Discovery Bay West General Plan Amendment and Other Actions,May. 4. Kleinfelder, Inc., 1990. Preliminary Geotechnical Investigation,Proposed Discovery Bay West, Byron, California,February. 5. Balance Hydrologies, Inc., 2004. Hydraulic Modeling of the Full Build-Out Condition at Discovery Bay West,Contra Costa County, California, October. inros 2 ,..., CHAPTER 2 SUMMARY This Initial Study addresses a proposal by the Hofmann Land Development Company to revise its approved tentative subdivision map and preliminary development plan for the Discovery Bay West project (see Figures 1, 2. and 3). In addition, this Initial Study addresses a proposed General Plan Amendment that would re-designate approximately 96 acres from Single-Family Medium Density and Delta Recreation & Resources to Single-Family High Density and would reduce the acreage required for dedication as deed restricted open space by 18.9 acres, from 200 to 181.1. In 1994, a Final EIR was certified for the Discovery Bay West General Plan Amendment and Related Actions (Contra Costa County, 1994). At that time, the applicant proposed a General Plan Amendment for'1,089 acres of land designated Agricultural Lands. The new designations proposed and granted included: Single-Family Residential (474.66 acres); Parks and Recreation (96.2 acres); Delta Recreation and Resources (303.5 acres); Public and Semi-Public (10 acres); and Open Space (36.2 acres). A total of 168 acres were to remain as Agricultural Lands.'A total of 2,000 new housing units were approved at that time for the project site. Originally, the entire Discovery Bay West project was to be built in four major phases (Villages I- IV).To date,Village I and much of Villages H and III have been completed. In addition,the applicant has completed construction of a new elementary school, a public park, fire station, sewage treatment plant, water treatment plant,water storage facilities,park and ride lot,and offsite road improvements. A bond has also been posted for the construction of a Community Center and a site for this center has been dedicated. Development rights over about 200 acres were to be dedicated to the County because these lands originally included jurisdictional wetlands. A 46-acre marina was an approved use under the development restriction.The final deeds for this dedication of development rights were previously provided by the applicant,but had not yet been recorded by the County as of February 2005. In 2001,the applicant's biological consultant prepared an updated survey of the jurisdictional wetland area within the 200-acre dedication site and prepared a revised wetlands delineation map.Some of the previously designated acreage was removed from the U.S. Army Corps of Engineers (USACOE) jurisdiction. A letter from the USACOE approving the new delineation is included in Appendix A.At the time of the 1994 FEIR, a total of 227.9 acres of jurisdictional wetlands were identified.The new delineation has identified a total of 127.79 acres of wetland for the same area surveyed. Based on the reduced acreage of jurisdictional wetlands, the applicant has proposed to revise its original land use plan for the eastern portion of Village IV and call it Village V. The total number of units for Discovery Bay West would be reduced from 2,000 to 1,999 units;however,Village V would require two related IMP* acts to be considered. First, there are 20.5 acres of newly disturbed lands beyond the original scope of Village IV as shown on the Exhibit titled,, Net Disturbance to 200 Acre Open Space Parcel"(Figure 4B). 2From 1994 FEIR. 2124/03 3 DISCOVERY SAY,WEST VILLAGE V INITIAL STUDY 2. SUMMARY Second, there would be a net loss'of 18.9 acres within the 200-acre grant deed of development right restriction as shown on the Exhibit titled, "Impact to 200 Acre Grant Deed of Development Rights" (Figure 4A). This Initial Study focuses on the changes to the project as compared to the development proposed and evaluated in the 1994 FEIR. A. PROJECT SUMMARY DATA .Project Title: Discovery Bay West Amendment: Proposal for Village V County General Plan Amendment No. GP030007 Subdivision No. SD048828 ._. Rezoning No. RZ043142 Development Plan No. DP043019 Original EIR(1994): State Clearinghouse No. 9303 3031 Assessor Parcel Nos.: 011-241-006; 011-241-007; 011-241-008 Lead Agency Name and Address: Contra Costa County Community Development Department 651 Pine Street,4`h Floor,North Wing Martinez,CA 94553 Contact Person and Phone Number: Mr.Will Nelson, Senior Planner(925)335-1208 Project Location: Village V is proposed within the Discovery Bay West development,which is located along Bixler Road in eastern Contra Costa County. The project's southern boundary is approximately 1 mile north of State Route 4 in eastern Contra Costa County. Fallman Boulevard and an East Contra Costa Irrigation District canal bound the Village V site to the south and Werner Dredger Cut bounds the site to the east. Village IV within Discovery Bay West is immediately adjacent to the west. Private agricultural uses lie to the north. The entire project site is within the Urban Limit Line of Contra Costa County. Project Sponsor's Name and Address: .�., Hofmann Land Development Co., Inc. 1380 Galaxy Way;P.O.Box 758 Concord,CA 94522 -- Contact: Mr.Robert Henry,Project Manager (925)682-4830 Existing General Plan Designations: Single-Family Residential (474.66 acres); Parks and Recreation(96.2 acres);Delta Recreation&Resources(303.5 acres); Public and Semi-Public(10, acres); and Open Space(36.2 acres). Existing Zoning: P-1 (Planned Unit District) V24/05 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY Figure l: Vicinity Map 0 0 N Y DISCOVERY BA" .- VILLAGE IV ��` DIS VERY BAY WEST VI r B ALFOUR 0ADQ DISCOVERY B VILLAGE III i , DISCOVERY B ; VILLAGE II POINT TIMBER RoaD_. SITE BALFouR ROAD �,. FALLMAN BLVD DISCOVERY-B VILLAGE I z o BRENTWOOD BL. POINT OF TIMBER RD. c o cr. 95- xJ 0 uj m m m► MARSH CREEK RD. a M STATE tr, '' ROUTE 4 0 { t VICINITY MAP NOT TO SCALE ,,rte,;, ��► 2/23/2005 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY PAGE INTENTIONALLY LEFT BLANK _w own%. 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T� ........, '•........... ..... -.,�,;. •n•it��mit.t»;: s a,�,•e`srl#':' �•' ""^'♦1r..nV.:.. .w�. .'`.' �. 1t irVVS:::'••MMr�ia.':..«:.... �:.. �' , D..M f" ;+t ti + r .�� r � .I.T 1•..t+v yly�w[► Il`'M 'w'' ',x� iJ. * �r►.� YdiE# 1 7,... _ iri.� ••;:m wM�1Il�+'r�••.Y 7 =R 1+ x DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY k i ff PAGE INTENTIONALLY LEFT BLANK ff g ..,..► .-..,, --..t �y .-� ,_,,,t ._.,.` ._.., �-...' �• �` .-.., ..•� ...... ..... ....., �� .. � .. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY p ' p PACE INTENTIONALLY LEFT BLANK p k M 4 b k Ap i M p- p s R t 1 own" 1 i ol y r ILL tts It led t� r�►r i r t � • i I , DISCOVERY BAY NEST VILLAGE V INITIAL STUDY ?. SU�I�-tARY PAGE INTENTIONALLY LEFT BLANK 3/2-/03 11 O } DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY, B. OVERVIEW OF PROJECT The proposed osed project involves the Table 2-1 development of 152 acres (13.9 PROPOSED UNIT COUNT percent) -of the approximately 1,089 Original acres of the Discave Bay West Villa Approval CurrentMro osed Difference project (see Table 2-1). The following viiia e I . is a summaryof the proposed Land uses: Single- 324 un;ts 275 units(actual) -49 units p p Village II Single-Family 466 units 454 units(actual) 112 units Housing M Singleulti-Famil 53 units 64 units(proposed) +11 units • 93 lots(approx. 50 feet b 100 feet . villa a III ) -Famil 60t units506 units(actual) -45 units y * 3 3 9 lots(approx. 60 feet by 100 feet). villae N • Total: .432 single-family lots on 96 Sin le-Famil * 556 uni;7 268{actual -288 units acres at a density of 6.0 units per village v acre. Single-Family 0 432 ro osed +432 TOTAL 29000 1,999 units -1 unit Parrs,Recreation, and Open Space units Facilities *Village N has now been reduced to the western portion and the eastern portion is proposed to be included in Village V. * North Lake&South Lake(17 acres). * Parkland(8 acres). * Landscaped utility easements(4 acres). * Marina with approximately 120 slips (20 acres). * Staging and Parking area for the marina(4 acres). * Boat storage facility(3 acres). i Transportation and Infrastructure Extensions of all required infrastructure,utilities etc.would be accomplished during the construc- tion of the project. The construction of the water and wastewater treatment and supply facilities • necessary to serve the development are presently underway and would be complete prior-to or concurrent with the development of the project. None of the above elements of the project are new to what was considered in the 1994 FEIR,except for the location of certain internal roads. Changes from 1994 FEIR The new project would include development further east than originally proposed in an undeveloped area just west of the Werner Dredger Cut.The marina channel's location is the same as that evaluated in the 1994 FEIR; and the marina itself has been reduced in size but is shifted slightly southward compared to its original location.. The only other change would be the proposed 2.8-acre boat storage area located to the south of the marina parking area. This boat storage area was not proposed'in 1994.but is considered a"marina related use" as allowed under the original grant deed. V2., 11 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2..SUMMARY C. OTHER AGENCIES WHOSE APPROVAL/REVIEW IS REQUIRED The following is a list of federal, state, regional and local agencies from which permits may be required prior to construction and/or operation of the proposed project: -: • Regional Water Quality Control Board: National Pollutant Discharge Elimination System (NDPES)permit • U.S.Army Corps of Engineers: pursuant to Clean Water Act • California Department of Fish&Game: Streambed Alteration Agreement • Bay Area Air Quality Management District: applicable construction related permits. _.., The following agencies are, or will be, involved in the review of the project: • Contra Costa County Public Works Department • Contra Costa County Building Inspection Department • Contra Costa County Sheriff s Department • Contra Costa County Health Services Department--Environmental Health Division • East Contra Costa Fire Protection District • Town of Discovery Bay Community Services District • Liberty Union High School District • Byron Union School District • Knightsen School District • East Bay Regional Park District • Delta Protection Commission D. INFORMATION SOURCES The following are the primary information sources used to complete this.Initial Study: 1. Final EIR on the Discovery Bay West General Plan Amendment and Related Actions,Contra Costa County Community Development Department,October 1994. 2. Findings Related to the Certification of Environmental Impact Report and Adoption of General Plan Amendment, Contra Costa County Board of Supervisors,December 20, 1994. 3. Mitigation Monitoring Program for the Discovery Bay West General Plan Amendment and Other Actions,Contra Costa County,May 1995. 4. Preliminary Geotechnical Investigation, Proposed Discovery Bay West, Byron, California, Kleinfelder,Inc.,February 1990. (Updated April 14,2004) 5. Hydraulic Modeling of the Full Build-Out Condition at Discovery Bay West, Contra Costa --� County,California,Balance Hydrologies, Inc.,2004,October. 6. Vesting Tentative Map dated January 3, 2005. _... 7. Comments received from the following agencies: Contra Costa County Public Works Department,Town of Discovery Bay Community Services District,Contra Costa County Fire V24/05 12 .�, at .................. to f-^ (.fir • �^�!•'� 'al�, � J A 3•��\V\'li `s�y��r`� x,��� �i� 5 i• � �a.�"Y •S R 4 �, a +��,�JL ,*'k'J.l '!i•w''sM!`i'+R%1` ..+1'Ra.^" � � •'• __,�r�f*yw,+""` gyp„ � J�.✓'.r,. i., C y/J�l t',r..T� � �� ,yj�"**s.'i'�'`� .//f,�/`'.� M��g�� t�,•,aArf �,y�Tj4 y}i .�'T�,,,,,,,.w,,,4,; 4 • p '; AA 00 C-A la voo- � ,.•"--"r�"^``Y�� % «p �* � '��'` � .y'�� *moi R; `•r.. # y , R r... I a a q 1� Y i DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY PAGE INTENTIONALLY LEFT BLANK 2124103 14 i I" ' DISCOVERY BAY WEST T VI V INITIAL STUDY 2SUMMARY . Figure 4B: Net Disturbance to?OO-Acre Open Space Parcel r , ow tic Ell Cid •.,,n..,..�.;rte,.. �"`�"�,�� t „t r� ' 'S y�•w�f t s� 771 `Y^"'`J4 �jQ' �'.s.•"+.a..:..s y.. �y}wy�,, �I.3�91Ty�'� �' ♦�.f,/�`� 'ti'.a �� I...�y'1�^"`=,Myiy -lr��j •+..N?� }!! °1 ��,I „f"•t�Vic.} "R:. Y'���;� //1 t��'},cN.c;♦Y; rrw:Y�.r y,.,�• ;"^'t 3 'y 7�.'S�ryy,j4'°fr./�' .,r y-ja♦t7.nt*w.tass Uiw s :7.M. 3 i.."" mow+'Aiwf j*bl 1 y rr.'Y x •'.wwY�.IJwn IA- Itli i ' "fix -TOM �'J�� 3 y I If *,f -1 Ell �ldwra:'LIr,�Mi�.-- .w....ew^«.io.*w--�.�.-..•-::.+e w,s,w..,.+Ka'€r✓ 2/2312W.5 15 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY ?. SUMMARY PAGE INTENTIONALLY LEFT BLANK DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY Protection District, East Bay Regional Park District, U.S. Army Corps of Engineers, Byron Union School District, Knightsen School District, California Historic Resources Information System, Contra Costa County health Services Department, Contra Costa County Building Inspection Department, Contra Costa County Sheriff. E. PURPOSE OF INITIAL STUDY The purpose of this Initial Study is to determine what further CEQA analysis, if any, is needed to allow the proposed changes to this previously approved development. It asks whether the proposed project is"within the scope"of the 1994 FEIR and examines the continued applicability of the 1994 FEIR. This Initial Study assesses whether: 1) there are any additional significant environmental effects not previously examined in the 1994 FEIR; 2) any new mitigation measures are required; 3)any substantial changes have occurred with respect to the circumstances under which the 1994 FOR was certified or whether there is new available information which was not known and could not have been known at the time the 1994 FEIR was certified such that major revisions of the previous 1994 FEIR would be required(CEQA Guidelines Section 15162). A "substantial change" must involve new significant environmental effects or a -substantial increase in the severity of previously identified significant effects (CEQA Guidelines Section 15162).The Initial Study also assesses if there are any additional environmental impacts that may require further mitigation that were not previously addressed in the 1994 FEIR. The set of Checklist questions in Chapter 4 is intended to answer these questions. If the answer is "yes" to the three conditions above, the County could determine that an EIR should be prepared for the project or that a Mitigated Negative Declaration may be appropriate. The conclusions are addressed below. F. SCOPE AND CONTENT OF THE INITIAL STUDY s This Initial Study is divided into the following chapters: • Chapter 1. Introduction: Provides an overview of the project and previous environmental documents completed for the Discovery Bay West project. Chapter 2. Summary: A summary of the project contacts, lead agency, and project characteristics is provided.Background information on this Initial Study is provided to clarify the type of findings that must be made in determining whether or not an Environmental Impact Report is necessary.A summary of the project description is provided. • Chapter 3. Project Description: Identifies all the land uses, acreages, and infrastructure associated with Village V. In addition, the discretionary actions and permits associated with the project are described. Relevant graphics are included to identify future development within the Village V area. • Chapter 4. Environmental Checklist: Includes all the topics required to be evaluated as per Section 15063 of the CEQA Guidelines. Each topic (i.e., Air Quality, Hydrology, etc.) includes a specific set of questions relevant to evaluating a project for which an earlier EIR has been prepared. . 2124/05 17 DISCOVERY BAY.WEST VILLAGE V INITIAL STUDY 2. SUMMARY • Chapter 5. Modif;ed- or New Mitigation Measures: Identifies any new recommended mitigation measures or modif cations'needed to mitigation measures that were addressed in the 1994 FEIR. • Chapter 6. Bibliography: This chapter identifies all references used in the Checklist analysis. Chapter 7. Preparers o,f'the Initial Study: This chapter identifies the authors of the Initial Study Checklist. -- G. USE OF THE 1994 FEIR AND AUTHO'RITY FOR INITIAL STUDY A full FIR was completed and certified on the Discovery Bay West General Plan Amendment and Related Actions in 1994 (State Clearinghouse No. 93033031). A substantial number of mitigation measures were adopted for the project.Findings were made regarding the ability of the -- mitigation measures to reduce significant impacts to a level of less than significant. However, some impacts remained significant and unavoidable. These included impacts related to the following: • Wave erosion front boat activity(affecting banks and levees); • Removal of wetlands for a new marina;3 • Soil disturbance for the significant amount of cut and fill on the site; • Traffic congestion on Vasco Road corridor and Byron Highway(LOS F); • Increased air emissions in the region. The 1994 FEIR included a number of mitigation measures that were applicable to the overall project and would be applicable to the `tillage V project.The 1994 FEIR is incorporated herein by reference. A full copy of the 1994 FEIR can be viewed at the Contra Costa County Community Development Department, 651 Pine Street,2nd Floor,North Wing,Martinez,CA. He ENVIRONMENTAL DETERMINATION The Environmental Checklist, consistent with CEQA Guidelines, was used to determine whether the proposed project is "within the scope" of the 1994 FEIR and to examine the continued adequacy of the 1994 FEIR. The environmental factors checked below (black boxes) would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. .._ 0 Land Use and Planning 0 Air Quality 0 Recreation 0 Agricultural Resources D Noise 0 Mineral Resources D Population and Housing ■ Geology and Soils 0 Cultural Resources 0 Public Services Q Hydrology.and Water Quality ■ Aesthetics .-.. D Utilities and Service Systems ■ Hazards Q Transportation/Traffic ■ Biological Resources 3 The relocated marina would still result in wetland impacts but the impacts would.be reduced from those identified n the 1994 FEIR due to reduced size of the marina and its new location. V24M _ 18 .. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 2. SUMMARY r Determination. On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. C7 I find that the proposed project MAY have a potentially significant impact or a potentially significant unless mitigated impact on the environment, but at least one effect 1 has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find I)that an EIR has been prepared for the project; 2)that all potentially significant impacts have been addressed in the previous EIR; 3) that the proposed project is a subsequent project within the scope of the previous EIR; 4) that the Initial Study for the project has found that there are no additional significant effects,nor any new additional mitigation measures or alternatives required for the project that are not already discussed in the previous EIR; 5)that the proposed project does not require the incorporation of additional mitigation measures for the project; and f) that the project incorporates or will incorporate all feasible mitigation measures set forth in th previous EIR Nothing further is required. Z /0 Signature Date William R.Nelson, Senior Planner Contra Costa County Community Development Department V2W" 19 • ti T LIE L 20 ........... L T1� A G1 T 5 A T 1 �2�ros DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3.PROJECT DESCRIPTION CHAPTER 3 PROJECT DESCRIPTION + + + A. PROJECT LOCATION The proposed Village V project is located adjacent to and.east of the existing Discovery Bay West Village M and IV development. The site is an area generally located between Bixler Road, Werner Dredger Cut and Kellogg Creek in unincorporated eastern Contra Costa County (Figure 1). B. PROJECT DESCRIPTION 1. Overall Development The Village V project would include 432 homes, a marina, a parking area for the marina and a boat storage facility (see Figure 2). The total site covers 152 acres (see Table 3-1). An estimated 1,261 persons would reside in Village V. Village V is a modification of the original Village IV area of the Discovery Bay West project, Subdivision 7686 and its subsequent subdivision, 8023.. In keeping with its original vision and approvals, Village V is consistent with areas already constructed and would not cause Discovery Bay West to exceed the previous 2,000-unit threshold allowed under its original approvals. Village I and Village H of this residential project are complete; half of Village HI is under construction; and, a portion of Village IV is being graded and infrastructure is being installed. Village IH, IV and V are connected by design in several ways. First, they will share a common Home Owners Association. Second, they share a common loop road through the development, a shared gated entry and shared amenities. Third, they are all encompassed within a single,dry-levee protected area. Housing Village V would have a total of 432 residential lots, of which 93 lots would typically be 50 feet x 100 feet and 339 lots would typically be 60 feet x 100 feet in size. The minimum lot size proposed is 5,000 square feet and the maximum lot size is in excess of 18,625 square feet, with the average lot size approximately 7,000 square feet. Home sizes are expected to range from approximately 1,800 square feet to nearly 4,800 square feet on the larger lots. Ninety-five zerd-lot line/Z-pattern design homeS4 are proposed for the 93 lots that are 5,000 square feet in size. Z-pattern homes refer to zero lot line homes with varying side easements. 2.2-V05 21- DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3.PROJECT DESCRIPTION Jobs The marina isproposed to have a harbor master office to allow a part-time employee to �"' monitor the access to the marina during peak hours and to serve as a part-time or full-time management of facilities and operations of the marina.The marina is intended to be used only by Discovery Bay West residents.No facilities or services such as a fueling station would be available at the marina. Parks,Recreation,and Community Facilities e The General Plan (Contra Costa County, 1995-2010) requires that Discovery Bay West must "provide a minimum of 120 acres of open forms of land use within the project, including but not limited to, lakes, park, utility easement, Table 3-1 Fallman Canal, wetland, PROPOSED ACREAGES BY LAND USE pocket parks, landscape areas, FOR VILLAGE V and trails." Villages I through Land Use— Land Use—Specific IV include 124 acres of open General Acres forms of land use, which is Residential Single-Family High Density (432 units) 96 over the required minimum. Recreational Marina with approximately 120slips 20.3 Village V would add an Boat Storage Facility 2.8 additional 17 acres of lakes, 4 Parking Area for Marina 3.9 acres of landscaed utility Lakes,parkland and utility easements 29 p easements and more than 8 TOTAL 1:52.0 acres of parks, baseball and soccer fields to this number, increasing the total to approximately 150 acres.The cumulative creation of open space and recreation areas of the Discovery Bay West project exceeds the General Plan requirements by a substantial margin. e Financial guarantee bonds for the Discovery Bay West development's share of the Community Center construction have been posted, and a site has been reserved within the Village I community. However, matching funds from the community have not been obtained,and a final site for the Community Center has not been selected. Discovery Bay West is a water-themed community and Village V continues this theme. Centered between Village IV and V, two lakes are planned. The northerly lake would be 5.4 acres and the southerly lake 11.6 acres. The 27-acres marina, if constructed, would be owned and maintained by the Home Owners Association for the use of the residents of Villages M, IV and V. The lakes are to be surrounded by more than 8 acres of park open space that would include a soccer field and baseball field. Other amenities such as picnic areas would be dispersed around the lakes. The 27 acres includes the marina,boat storage facility,and marina parking area. 2a4M 22 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3 PROJECT nEcromTrnN Figure 5: Village V Access aMERcENcl�l A&C ss TM 9 N � s x m o 0 m BALFOU FAWdAN BLVD ROAD a 0 O in3noos 23 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3.PROJECT DESCRIPTION 1 PAGE INTENTIONALLY LEFT BLANK 24 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3.PROJECT DESCRIPTION 2. Residential Access and Pathways Theproject is accessed at the main gated entry at Fallman Boulevard, which is located at the Balfour Road/Bixler Road intersection. The Village I][[, IV, and V area is designed to be connected with an interior loop road(see Figure 5). An extensive bike path system around all lakes connect the amenities, providing access to all lake picnic areas, the tot lot playground, the basketball court, the exercise par course equipment in Village M, and the planned soccer and baseball fields in Village V (see Figure 6). The bridge under construction between Village IH and Village H will allow vehicles, bicycles and pedestrians to access many of the amenities between Villages and provide a safe path of travel to the school in Village I without children having to access Bixler Road. As required in the original approvals,there will be an emergency vehicle access to Bixler Road at the north end of Village IV and a resident only ingress/egress point intersects Bixler Road at the south end of Village M(Denali Drive). 3. Residential Population The demographic profile of the project that would be allowed by the Discovery Bay West General Plan Amendment is assumed to resemble that of Rural East Contra Costa County, which had 2.42 persons per household in 2000 (U.S. Census, 2000). The East County household population was projected to increase from 2.84 people/household in 1990 to 2.92 in 2005.This figure translates to a full buildout population of 1,261 persons for Village V. 4. Drainage The storm water for the villages of Discovery Bay West flows into man-made lakes. These lakes are detention facilities designed to capture the 100-year storm event without the use of the lake storm pump station if necessary. Village IVN lakes are designed to flow into the Village IH lake,which can then be pumped out by the lake storm pump station installed there. This system maintains appropriate lake levels. The pump station is designed with backup pumps and an emergency diesel generator to provide uninterrupted service. The lake's water quality is consistently monitored and maintained by specialists in that field. 5. Water and Wastewater System The water and wastewater systems for all of Discovery Bay West are owned and maintained by the Town of Discovery Bay, which is a community services district. The applicant has increased the capacity of the sewage treatment plant and has provided new domestic water wells, pumping stations and water treatment facilities as part of the Discovery Bay West project. The capacity of these facilities assumed a full buildout of 2,000 units in Discovery Bay West. Thus, no additional capacity would be needed for the Village V project. Utility improvements for Village V are shown in Figure 7. 6. Roads,Transit and Other Transportation Improvements Bixler Road has been improved from Discovery Bay West to Highway 4 with a traffic signal installed at the Highway 4/Bixler Road intersection with turning lanes into the Post Office and Sandy Cove Shopping Center. Point of Timber Road has been improved from Discovery Bay West to Byron Highway. The intersection of Byron Highway and Highway 4 has had safety improvements and a traffic signal installed there. A Park & Ride facility has been constructed as part of Village I along Bixler Road. Discovery Bay West, including the M4M 25 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY I PROJECT DESCRIPTION proposed Village V, is in the East County Regional Area of Benefit. Discovery Bay West pays the Eastern Contra Costa Subregional Transportation Mitigation fee in effect at the time building permits are issued for each home. These fees contribute to additional traffic improvements in the area. The project applicants participate in a flexible implementation program for mitigation measures as required in the 1994 FEIR, which helps define where these monies should be expended. Currently, the County is planning to design a traffic signal at Newport Drive and Highway 4 as part of previous study recommendations. • North-South Arterials The major north-south arterial serving Discovery Bay West is Bixler Road, which connects directly to Highway 4. It also connects to Balfour Road and Point of Timber Road,which are important east-west collectors. • East-West Arterials The major east west arterial serving Discovery Bay West is Highway 4, which can be accessed by Bixler Road, Point of Timber Road at Byron Highway and Balfour Road further west in Brentwood. • Bike Plans and Public Transit Availability Discovery Bay West is served by Tri-Delta Transit, which has a shuttle bus pick-up point at the Park&Ride facility located in Village I on Bixler Road and is providing commuter service to the Tri-Valley area with stops in Hacienda Business Park in Pleasanton and the Dublin BART station. A sidewalk and bike path system has been installed which links all points in the Discovery Bay West communities with the Sandy Cove Shopping Center complex on Highway 4 and the Timber Point Elementary School in Village I. 10. Telephone Service Telephone service would be provided by SBC. 11.Electrical/Gas Lines Electric and gas service would be provided by Pacific Gas&Electric Company(PG&E). 12. Pipelines/Power Lines at the Site and in the Vicinity A pipeline easement,approximately 75 feet wide,crosses diagonally through Villages IV and V.Three pipelines are within this easement area, including two owned by PG&E and one by Kinder Morgan used for transporting natural gas and petroleum products. 13. Traffic Since there is no net change in the number of homes within Discovery Bay West by the development of Village V, the overall project trip generation would remain the same as estimated in the 1994 FEIR. 2/2VO 26 i ►•+� Stalf �'�►♦_ ♦ ♦ .,�� � iota �"� '�►�~�'��` ��''�►���► '��' •` AL III"it - - �moi►♦ �'�` ♦♦ �1 ''►� 4 00, kioWilt iota WN0 low .... • �ll�- ~ +� ■ m�10 ...riota: M Mm its M.. million s i•�MM MM MM on M- MM MM -;` �- - iota_ _�� i■� - al■ ,iota. ■�I Nib MM MW " Mr MM Of r t. �� w..� r iota iota Mw i i i i � � - •iota. • i ! • i -• i i i• • • .•f f - r -- � A * i i DISCOVERY BAY WEST VILLAGE-V INITIAL STUDY 3.PROJECT DESCRIPTION PAGE INTENTIONALLY LEFT BLANK r j . 018L90 Notions riSO"1"03 iSf3 3 � 4 cr dd 00 1VNV3 NYAnyj 00 I � 1 —1 .. ,� � .. CXD lot �� L.0 1� cn q r T-i I.IIr • :' ole k. It's /D C/) Um �•lccAt (moo) A g ""' ! 4 X= I ash 46 It a to � �, � �=s ora! t � � -� ��!t b � ' d`• �"' �+� ! - • f+�i :1 ' dO ori 5 l. ,01 sea -M-r. 00 gas a+ x , i 1 ' I LcoS { 1 l I N 1 � T 1>1 rw fu r 0 'w _ o o O rQ JjQ F4 12 (du)Pot awl Act i IS_ pdvrmvj jig IL KvninvA �t __T70= i � � 't � �t � �R �'t i g�� �► $l -� rk i`i 1 % { '� — A04 �, f r ra moo am ir! wa'it 0-0 fit ret IR � 1 L 00" > I�, i qw q /, 0 1 fIV ~ 01 pt rA f r / � cn u IL rr •— "�1 'w oe iiiqw C to to lips 40 $ MONO aR ! 1 { $ Ile f i R R �► m k1l.rb f� i vii► i # tn SK AVJ fa v U16 ', 1 A 01 �..-.� ,/� .. >� �►s ♦ "i i ill it 15 IV Ilk 0 I LLL .r.-_+.- ��^�- .I�'' {I ,/ //���jr : I.. �R. .�'��` •� �` _•,,,,e..,�-,r.- cm . DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 3.PROJECT DESCRIPTION PAGE INTENTIONALLY LEFT BLANK 2�.� 30 swam • i .•PM' �1 OOPOM owes*' x 000000 • yS 00-00 ti 14. Schools There is an existing school facility mitigation agreement for the portion of the subject property lying within the Byron Union School District previously submitted under separate cover to the County's Community Development Department.The applicant has completed all of its obligations under the contract and any impacts associated with residences constructed, or to be constructed, within the existing Byron Union District boundary have been fully mitigated. There is also an existing school facility mitigation agreement for the Knightsen Elementary School District. The standard form agreement was entered into by the parties in 1996 at the " request of the District and covers any development occurring on the property lying within the Knightsen District. Village V is located within both school districts and is entirely located within the Liberty Union High School District. 15. Public Safety Fire protection for Discovery Bay West is provided by the East Diablo Fire Protection District through the fire station constructed by the applicant on Bixler Road in the Village II area. The Contra Costa County Sheriff's Department provides police services. The project . has been annexed to the Police Services District and each resident of Village V would pay a special assessment for police services. 16. Off-Site Development A Post Office and the Sandy Cove Shopping Center are located due south of Discovery Bay � West on Bixler Road at Highway 4.No off-site development is proposed as part of the Village V project. •� 17. Changes in the Project from the Project Assessed in the EIR Table 3-2 COMPARISON OF VILLAGE V TO DEVELOPMENT ADDRESSED IN 1994 FEIR ` Project as Described Notes/Comments, To ic/Land Use in the 1994 FEIR Proposed Project Possible New Significant Effects' Residential 2,000 units 1,999 units Basically unchanged--- Recreational nchan ed.Recreational Marina 46 acres Marina 27 acres Smaller marina in a new location. Infrastructure No boat storage Boat storage area(2.8 Boat storage area would be considered acres) a"marina-related use"and allowed in the grant deed area ' Summary only;full analysis is found in Chapters 3 and 4. ; 6 2,000 units apply to all of Discovery Bay West. ` �� 31 rr..w DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST •OON% PAGE T...N,. ,TE-N- -TloNA-LLY LEFT BLANK .ono% zn�nas 32 � DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST CHAPTER 4 ENVIRONMENTAL CHECKLIST M A. CONFIRMATION OF PROJECT IMPACT EVALUATION IN 1994 FEIR This checklist shall be used to confirm that the potential significant effects of the project were evaluated in the 1994 FEIR on the Discovery Bay West General Plan Amendment. If such a determination is made, no additional environmental analysis will be required. If this confirmation process identifies new,additional significant effects not addressed in the 1994 FEIR or finds that new, additional mitigation measures are required, a Focused EIR, an EIR Addendum, or a Mitigated Negative Declaration may be prepared. Las Than Potential FEIR Sigaiticant New Signiticaat Requires Imp'ct Due Additional New Impact Additional W Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed is Measures or No Impact FEIR Impact Description FEIR Required 1. Aesthetics. Would the project: r a. Have a substantial adverse effect on a El E3 El � scenic vista? b. Substantially damage scenic resources, 1:1 ❑ ❑ ❑ including, but not limited to trees, rock • outcroppings and historic buildings within a state scenic highway? c. Substantially degrade the existing visual Fl. character of the site and its surroundings? d. Create a new source of light and glare that would affect day or nighttime views in the area? ; Significant Impacts Identified in 1994 FEIR The 1994 FEIR identified significant visual impacts of the project related to the following (see Appendix A): ` • Visual impact of increased boating activity,as seen from residences in the Kellogg Creek Area. • Wall along Bixler Road would create a visual barrier to drivers along Bixler Road. Findings Related to Significant Impacts Identified in 1994 FEIR The Board found that the recommended relocation of the manna to the north of the original location i would adequately mitigate this impact. Plantings and varied wall design were found to be adequate mitigation for the visual impact of a wall along Bixler Road. VIM 33 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Discussion Regarding Discovery Bay West Village V a) Have a substantial adverse effect on a scenic vista? No significant scenic vistas are visible from the project site or located within or in the immediate vicinity of the project site. Other potential visual impacts are addressed under"c" and"d"below. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings and historic buildings within a state scenic highway.? No specific scenic resources are located on the site. It is undeveloped, fairly level, and not vegetated with trees except for a few trees located in the vicinity of the proposed boat storage area. It is not located in the vicinity a state scenic highway. No new impacts would occur as compared to those identified in the 1994 FEIR. -' c) Substantially degrade the existing visual character of the site and its surroundings? Development within Village V would be substantially similar in character to that which was evaluated in the 1994 FEIR. The existing rural visual quality of the site would be replaced with suburban-type development, with new residences, a marina, a parking area and a boat storage _ area. The new residences would be located further to the east than originally proposed but would remain separated from the existing residences in Discovery Bay. The new marina is proposed to be relocated in compliance with the 1994 mitigation measure. The boat storage area would be a new element that would be located at the southeast corner of the site. This area could be visible from residences within Discovery Bay and would be visible from residences in Villages II and III of Discovery Bay West. Views of boats stored on racks and parked on an asphalt surface would exist if no landscaping were incorporated into the project.This would be a new visual impact not addressed in the 1994 FEIR. Landscaping along streets and in public areas would be required as part of the standard conditions of approval. Homes would be similar in scale to those evaluated in the 1994 FEIR. The marina area would consist of boat slips and a parking area.While this parking area for the marina would be north of the boat storage area, it would also be visible from both existing and proposed residences. Without landscaping, this parking lot could degrade the visual character of the area. _ The preliminary landscape plans prepared by the applicant show a variety of canopy trees (i.e., ash, willow, flowering pear) and accent trees at the edge of the marina and associated parking area. No specific landscaping for the boat storage area has been shown. Approval of a final _ development plan is required before the marina can be constructed. During that process,the final landscaping plan would be designed and approved. Imaact Aesthetics-1: The project would have a substantial adverse impact on the visual character of undeveloped lands as now seen from existing residents of Discovery Bay. This visual impact would be primarily due to the new boat storage area and adjacent parking area for the marina. 2a,V05 34 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY- 4.ENVIRONMENTAL CHEcKLispr Mitigation Measure Aesthetics-1:New fencing and landscaping with evergreen frees shall be placed at the perimeter of both the boat storage area and the proposed marina parking area to screen the view of stored boats and parked vehicles from nearby residences. (LTS)6 d) Create a new source of light and glare that would affs? ect day or nighttime view With the marina located slightly south of the alternative location identified in the 1994 FEIR and described in Mitigation Measure 10.4,and a new boat storage facility,new lighting impacts could occur for existing residents in the Discovery Bay area. Lighting standards would be similar to those identified for other Discovery Bay West projects and would not be likely to result in significant glare. For example, all lights would be shielded to minimize the amount of glare experienced by residents nearby. As with the landscaping, the final lighting plan would be designed and approved during the review process for the marina's final development plan. Impact Aesthetics-2: Light and glare from the boat storage area and marina I parking lot could create visual impacts at night. Mitigation Measure Aesthetics-2:All lighting for the marina, boat storage and parking area shall be low mounted, downward casting and shielded, utilizing motion detection systems where applicable and shall not "wash out"onto adjacent properties. Fixtures intended to be lit for long periods of time shall accept low,-pressure sodium lamps (or devices with similar properties) and shall not be located at the periphery of the property. Floodlights shall be Is wilwi* pronted. With the proposed new landscaping as identified in Mitigation Measure Aesthetics-1,glare impacts would also be minimized. (LTS) Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to mitigation Significant Additional Less Than Adequately Review:No measures in impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 2. Agricultural Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and land.Would the project. 6"US"refers to the impact being"less-than-significant"with implementation of the recommended mitigation measure. _��� 35 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST - Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measure in Impact Not Mitigation - Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required a) Convert Prime Farmland,Unique Farmland, F1 � or Farmland of Statewide Importance - (Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to anon-agricultural use? b) Conflict with existing zoning for El 1:1 1:1 � agricultural use, or a Williamson Act -- contract? c) Involve other changes in the existing environment,which,due to their location or -- nature, could result in conversion of Farmland to non-agricultural use? Significant Impacts Identified in 1994 FEIR The 1994 FEIR identified potential impacts on agricultural lands from new development. Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that no mitigation measures were needed for the removal of agricultural land -- due to the low quality of the agricultural soils and the fact that the site is within the County's Urban Limit Line. For potential impacts on adjacent agricultural lands, the recommended mitigation measures (see Appendix B) were determined to be adequate to reduce the impact to ales-than- „^ significant level. Discussion Regarding Discovery Bay West Village V ^ a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland)., as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to anon-agricultural use? .._ The 1994 FEIR stated that 382 acres of the overall Discovery Bay West site could be considered prime farmland, but that boron and salinity in the soils causes these soils to be severely limited _ for agricultural use. In addition, the County has not designated this area as"Agricultural Core" in the County's General Plan. This designation applies to lands that have prime agricultural soils and that have the greatest potential for agricultural productivity.For this reason,the project would not have significant impacts related to conversion or removal of agricultural lands, and impacts would not differ from those identified in 1994. Removal of the 18.9 acres associated with Village V that were intended to be deeded to the County as open space is addressed under"Biological Resources" below. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The existing zoning is P-1 Planned Unit District.The site is not under a Williamson Act contract, c) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of Farmland to non-agricultural use? Indirect impacts to agricultural operations could result if the project were in closer proximity to agricultural operations than what was proposed in 1994.The new Village V is located farther east than the original proposal, placing the project in closer proximity to the Werner Dredger Cut and agricultural lands to the east of the Cut. However, there would be a buffer of at least 1,000 feet from these lands and no significant land use conflicts are anticipated. In addition, the project would be required to comply with the 1994 mitigation measures related to notification of nearby farming activities, fencing to minimize trespassing, and establishment of a buffer of 100 feet between new development and agricultural uses. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed In Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 3. . Air Quality. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or F1 ❑ ❑ ❑ ❑ contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net � � ❑ ❑ ❑ ❑ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a El n substantial number of people? V24M 37 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Significant Impacts Identified in 1994 FEIR The two main air-related impacts were potential construction-related air emissions and regional air quality degradation due to increased traffic. -- Findings Related to Significant Impacts Identified in 1994 FEIR The FEIR Findings concluded that construction emissions could be reduced to less than significant by following "best management practices" of the Bay Area Air Quality Management District (BAAQMD). Regional air quality degradation was determined to be significant and unavoidable, even with the recommended TDM/TSM mitigation measures. -' Discussion Regarding Discovery Bay West Village V a) Conflict with or obstruct implementation of the applicable air quality plan? The project would not result in any increase in population above that which was assessed in the 1994 FEIR and thus no conflict with the applicable air quality plan is anticipated. The air quality ............ plan of the BAAQMD is based on population projections shown in the County's General Plan and this project would be in compliance with those projections. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? The 1994 FEIR did not identify any violation of air standards. The new project would not increase traffic or population above that which was assessed in the 1994 FEYR. Thus,no changes from the 1994 FEIR are anticipated. ,_ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? �` Since the region is in non-attainment for ozone and carbon monoxide, the project would contribute to region-wide emissions,especially CO and NOx,as identified in the 1994 FEIR.This -' impact was identified as significant and unavoidable and would remain as such with the project. No additional mitigation measures are needed beyond those identified in the 1994 FEIR. d) Expose sensitive receptors to substantial pollutant concentrations? No substantial pollutant concentrations would result from the proposed.residential/recreational _._. development.The project does not include any commercial or industrial uses. e) Create objectionable odors affecting a substantial number opeople?If The proposed uses would not create objectionable odors. The new land uses would be residential and recreational, N4M . 38 .., DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Las Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 4. Biological Resources. Would the project: a) Have a substantial adverse effect, either El directly or through habitat modifications,on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect on any El riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c) Have a substantial adverse effect on El federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool,coastal, etc.)Through direct removal, ` filling, hydrological interruption, or other means? d) Interfere substantially with the movement El of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted F-1 � 0 El Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? Significant Impacts Identified in 1994 FEIR The 1994 FEIR identified the following significant and/or potentially significant impacts to biological resources: f 2/2"S 39 • DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST • Loss of 12.6 acres of alkali wetland; • Indirect impacts to three special-status plants that may be potentially significant and unavoidable losses: Mason=s lilaeopsis, (Lilaeopsis masonii), California hibiscus (Hibiscus californicus),and Suisun Marsh aster(Aster chilensis var. lentos); • Increased exposure of humans to mosquitoes (due to the creation of new aquatic habitats and the creation or restoration of wetlands)known to be vectors of various diseases; AMIN% • Increased disturbance of existing aquatic habitats from increased boat traffic associated with the proposed development that may be a potentially significant impact to Pacific pond turtles; ..... • Conversion of 240 acres of potential Swainson's hawk foraging habitat; • Elimination of burrowing owl habitat; and i • Loss of 376 acres of potential San Joaquin kit fox habitat and potential mortality of foxes. Findings Related to Significant Impacts Identified in 1994 FEIR �"' Wetlands. The 1994 FEIR required that the loss of 12.6 acres of alkali wetland be mitigated by restoration or creation of wetlands at a ratio of 1:1. The 1994 FEIR recognized that compensation for loss of"significant wetlands"should be mitigated for at higher ratios as determined by the U.S.Army Corps of Engineers and/or the Contra Costa General Plan, but that only degraded or lower-quality wetlands would be directly affected by the project. ..ftft, Special-Status Plants. The 1994 FEIR described the indirect loss of Mason's li-laeopsis (Lilaeopsis masonii), California hibiscus (Hibiscus californicus), and Suisun Marsh aster (Aster chilensis var. lentos) and suitable habitat for these species as a significant impact that may "...be difficult if not -- impossible, to avoid." Increased recreational use of waterways, such as boating and waterskiing, is likely to cause increased disturbance and erosion of suitable habitat and loss of individual plants. Recommended mitigation measures included redesigning the project, protecting and/or creating -- preserves, and transplanting or translocating the populations. Mosquito Control. Mitigation recommended for the potential increase in mosquitoes included: 1) ,... inspection of new aquatic habitats and wetland mitigation areas by the Contra Costa Mosquito Abatement District (CCNLA.D); and 2) supply of information on the development plans for new aquatic habitat and wetland mitigation areas to the CCMAD to aid in the development of a mosquito source reduction and management plan. In addition, the 1994 FEIR recommended the establishment of other biological control agents as part of an integrated vector control program. Pacific Pond Turtle (a.k.a. Southwestern Pond Turtle). The 1994 FEIR. stated that the establishment of upland buffer zones (e.g., 100 feet) adjacent to aquatic habitats occupied by pond turtles is unlikely to provide additional protection to this species because the proposed development is located in areas that are generally unsuitable for pond turtle nesting. The proposed development is -- likely to result in an increase in boat traffic along Werner Dredger Cut and the 1994 FEIR recommended that the most effective mitigation for Pacific pond turtle would be to create and enforce a boat speed limit(of 20 mph or less)along this waterway. -- Swainson's Hawk. The 1994 FEIR required that a Swainson's hawk foraging habitat analysis be conducted if a nest site was determined to be within 7 miles of the project site. Habitat losses within V24M 40 -- DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST the 7-mile radius of a nest site should be mitigated ata 1:1 ratio based on the habitat units identified in the foraging analysis. If a Swainson's hawk nest site is located within one-quarter mile of a construction area, no new disturbances (e.g., heavy equipment.operation, rock crushing) or other project-related activities that might cause nest abandonment or forced fledging should be conducted between March 1 and September 15. If construction is scheduled during the Swainson's hawk breeding season in areas within one-quarter mile of a potential nest site, annual preconstruction surveys should be conducted to determine if an active nest is present. For any tree that is removed from within 50 feet of an existing delta waterway, the 1994 FEIR stated that it was to be replaced by three native cottonwoods or valley oak saplings within 50 feet of a delta waterway within the Discovery Bay West General Plan Area. Burrowing Owl. The 1994 FEIR stated that preconstruction surveys should be conducted to determine the status of burrowing owls in the project area.If construction occurs during the breeding season (March 1 through August 15), the surveys should be conducted at least 30 days prior to construction activity. The FEIR suggested that burrowing owl dens (i.e., artificial burrows) may be incorporated into open space plans. A minimum of 6.5 acres of foraging habitat should be maintained per pair (or unpaired resident bird). If existing dens are not included in open space plans, a passive relocation effort should be conducted.Mitigation habitat must have at least a 2:1 replacement burrow ratio and should be located as close to the project site as possible. If no burrows are present on the mitigation site,artificial burrows must be provided. San Joaquin Kit Fox,, The 1994 FEIR did not specify specific mitigation for loss of potential San Joaquin kit fox habitat due to the proposed project. The U.S.Fish and Wildlife Service(USFWS)and California Department of Fish and Game (CDFG) require a habitat replacement ratio of 3:1 for suitable kit fox habitat and a 1:1 replacement ratio for irrigated pasture. Irrigated pasture is generally considered to provide lower quality foraging habitat for kit fox. The 1994 FEIR stated that standard recommendations for protection of San Joaquin kit fox (as determined by the USFWS) should be implemented before and during construction activities on the project site. Discussion Regarding Discovery Bay West Village V a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Special-Status Plants. Three special-status plants: Mason's lilaeopsis (Lilaeopsis masonii), California hibiscus (Hibiscus californicus), and Suisun Marsh aster (Aster chilensis var. lentos) are known to occur in the Discovery Bay West Village V project area.The 1994 FEIR states that these species would not be directly impacted by the project but would be significantly indirectly impacted by increased recreational activities. In 1998, a small population of Delta button celery (Eryngium racemosum)was discovered in alkali wetlands just south of the Village V project area near Discovery Bay West Village I. south of the eastern terminus of Point of Timber Road and west of Kellog Creek. Delta mudwort(Limosella subulata) often occurs with Mason's lilaeopsis, f and several occurrences are mapped in the vicinity of the project area. Other special-status plants that occur in the vicinity of the project area and that could potentially occur on the project site include: big tarplant (Blepharizonia plumosa), round-leaved filaree (Erodium macrophyllum), alkali milk-vetch(Astragalus tener var. tener), eel-grass pondweed(Potamogeton zosteriformis), V2"S 41 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST and blue skullcap(Scutellaria lateriflora).Potential impacts to these species cannot be adequately assessed with survey information that is over 10 years old. 1MRact Biology-1: The proposed current changes to the project have the potential to significantly directly or indirectly impact special-status plants that are known to occur or potentially occur on the site. Mitigation Measure Biolory-la: The list of special-status species potentially occurring on the project site shall be updated using current information and databases. The updated list will form the basis for the focused botanical surveys. The following special-status plants-are known to occur in the vicinity of the site in the Woodward Island quadrangle: Delta button celery (Eryngium racemosum), Delta mudwort (Limosella subulata), diamond-petaled California poppy(Eschscholzia rhombipetala),and marsh skullcap(Scutellaria galericulata) — (CDFG 2004)and will be included in the list target species for the surveys. Miti-eation Measure Biolojw-lb: Focused surveys of the Village Vproject area (including marina area, channel to Werner-Dredger Cut, and adjacent areas along the Werner Dredger Cut) shall be conducted for special-status plants. These surveys shall be conducted according to the California Native Plant Society, California Department of Fish and Game (CDFG), and U.S. Fish and Wildlife Service (USFWS)protocols. All special-status plant populations shall be mapped and the mapped populations shall be avoided during construction activities and operation of the facilities. Mitigation Measure Biolozy-lc: I f special-status plants are found in the Village V project area, the mitigation and avoidance measures in the 1994 FEIR shall be implemented. A mitigation plan shall be developed and implemented to avoid these populations during -- construction and operation of the residential and recreational facilities. If the plants cannot - be avoided, then a mitigation plan will be developed to transplant or seed the plants to a mitigation site determined to be suitable by a qualified botanist and CDFG. This mitigation ...,, plan shall include a discussion of 1) the existing habitat characteristics including plant species composition and hydrology, 2) the habitat characteristics of the mitigation area including plant species composition and hydrology; 3) the performance standards by which success will be evaluated, 4) monitoring procedures, S) contingency plan, 6) annual report, 7) and rational for expected success. The mitigation plan shall be approved by the appropriate agencies prior to the County issuing a grading permit. A performance bond, letter of credit, or other financial instrument shall be established prior to housing construction to pay for any remedial work that might need to occur, if the prior effort fails. The mitigation area shall be monitored for S years after installation with annual monitoring reports submitted to the County Community Development Department. Mitigation Measure BiolOrv-1d: An exotic vegetation control program shall be developed and implemented to prevent the spread of invasive plants at the site such as pampas grass(Cortaderia spp.), Himalayan blackberry(Rubus discolor),yellow iris(Iris pseudacorus)and yellow star-thistle (Centaurea solstitialis), especially in areas adjacent to special-status plant habitat along Werner Dredger Cut. The expansion of these invasive species caused by ground disturbance could potentially displace sensitive plant communities or special-status plants and their habitats. The plan will be developedprior to development of Village V and will befunded by the applicant or future homeowners association. VIVO 42 -* DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST The combination of the above mitigation measures would reduce this impact to less-than- significant. (LTS) ImRactBiolo -2: Increased mosquitoes could be found at the site due to creation of new aquatic habitats and the creation/restoration of wetlands. Mitigation Measure Biology-2: Mosquito control methods shall be chosen that minimize impacts to non-target, native wildlife that inhabit the open spaces on-site. Prior to .the County issuing a grading permit, a qualified biologist shall develop a plan for mosquito control This plan will be developed in conjunction with the local mosquito abatement district (Contra Costa County Mosquito and Vector Control District) to ensure that the district will implement the mosquito control methods chosen at Village V. Mosquito control will befunded by the Village V homeowner's association. (LTS) Imvact Biology-3: In general, the mitigation required in the 1994 FEIR is sufficient to address potential impacts to the Pacific pond turtle; however, the proposed boat storage area in the Village V plan could impact potential pond turtle nesting habitat along the Fallman Canal. Mitiration Measure Biology-3:A permanent buffer of at least 50feetfrom the top-of-bank shall be established between all habitat areas along the canals and the VtWage V development.No staging,parking, construction, or other disturbances shall be allowed in the buffer zones. Buffer zones shall be delineated clearly on construction drawings and grading plans and delineated in the field with permanentfencing. This fencing shall remain in place after completion of Village S construction to preventfuture impacts to the buffer area This permanent buffer area shall be shown on all drawings and established onsite prior to the County issuing a grading or building permit. (LTS) Swainson's Hawk. LSA Associates, Inc. (LSA) conducted a Swainson's hawk foraging habitat analysis for the Village IV and V project sites in 2004(LSA 2004). The analysis was performed to satisfy Mitigation Measure 2.2.8a in the Discovery Bay West General Plan Amendment Mitigation Monitoring Plan (Contra Costa County 1994). The foraging habitat analysis is designed to evaluate the quality and extent of suitable Swainson's hawk foraging habitat within a 7-mile radius of active nest sites. The CDFG suggests that an average of 15,000 acres of potential foraging is required per nesting pair to avoid jeopardizing the existing populations in California. Even though there are nine nest sites located within 7 miles of the project site, the foraging habitat analysis showed that there are well over 15,000 acres of suitable foraging habitat for each of these nest sites within this area(average suitable foraging habitat for all nine nests is 46,698 acres). Based on this analysis, the proposed Village V project is not expected to have a significant impact on Swainson's hawk foraging habitat as defined in the 1994 FEIR and no additional mitigation for loss of habitat is required. Preconstruction survey requirements and avoidance measures (including exclusion zones) stipulated in the 1994 FEIR should apply to the development of Village V. Preconstruction surveys should be repeated at 30-day intervals throughout the breeding season (March 1-15 September) until the site has been converted and no longer provides habitat for this species as detailed in Mitigation Measure Biology-10. 2n„O 43 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Burrowing Owl. Five burrowing owls were displaced by grading for Village N. The adjoining open space and levees to the east are expected to provide habitat for these displaced owls. In addition, the 32-acre burrowing owl management area, located east of Village ][[I, has four artificial burrows and is also expected to provide habitat for these displaced owls. Impact Bioloey4: Grading and development of the Village V site (including residences, --1 marina,boat storage,etc.)would potentially cause adverse impacts to burrowing owls in the Village V area and would result in a loss of habitat (open space) in the Village V area that has not been mitigated. Mitigation Measure Biolojm4a: A protocol-level survey shall be conducted to assess the presence of burrowing owls on the Village V site (Burrowing Owl Survey Protocol and _ Mitigation Guidelines, The California Burrowing Owl Consortium 1993). Surveys shall be conducted in both the breeding season (April 15-July 1 and non-breeding season (December-January) to assess use of the Village V site by this species.If burrowing owls are present within the area of the Y11lage Vproject site to be disturbed or are present within the mandatory exclusion zone abutting the area to be disturbed, an upland mitigation area shall be established either on- or offsite for burrowing owls. The mitigation site must be determined to be suitable by a qualified biologist and CDFG. The size of the required —' mitigation site will be based on the number of burrowing owls observed on the Village V site with a minimum of 6.5 acres preservedper pair of owls or single owl observed using the site. The number of owls for which mitigation is required shall be based on the combined results --- of the protocol-level survey and the preconstruction surveys (i.e., if two pairs of owls are observed on the Village V site during the protocol-level survey, the mitigation requirement shall be 2 x 6.5=13 acres provided that no more than two pairs of owls are observed during _ the preconstruction survey; if three pairs of owls are observed during the preconstruction survey, then the mitigation requirement shall be 3 x 6.5 = 19.5 acres). Alternatively, the project applicant may purchase credits equal to 6.5 acres (credits)per pair of owls or.single owl observed in the Village V area at an approved mitigation bank Mitigation Measure Bio 4b: Preconstruction surveys of the Village V site shall be conducted no more than 30 days prior to ground disturbing activities. If more than 30 days lapse between the time of the preconstruction survey and the start of ground-disturbing activities, another preconstruction survey must be completed This process shall be repeated until the habitat is converted to non-habitat-(e.g., developedfor residential and recreational -` uses). MitiPation Measure 4c: If burrowing owls must be relocated from the Vllage Vproject site, -- owls will be bandedprior to passive relocation activities. A maximum of S days effort will be expended to attempt to trap and band the owls for identification prior to relocation. Trapping and banding will be conducted by a qualified biologist with a valid banding permit. After ..a completing passive relocation in accordance with CDFGs guidelines, the project site and vicinity will be monitored by a qualified biologist daily for one week and once per week for an additional two weeks to document where the dislocated owls move. A report detailing the results of the monitoring will be submitted to the County within one month of the relocation. All passive relocation activities must be completed to the satisfaction of CDFG and Contra Costa County before a grading permit will be issued V24/05 44 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Mitigation Measure Biology-4d: The upland mitigation site designated for burrowing owls shall be preserved in perpetuity as wildlife habitat with a perpetual conservation easement held by the California Department of Fish and Game(CDFG)or another qualified land trust that meets California Code Section 815 et. seq. Any other entity designated to become the Grantee of the Conservation Easement shall be approved by the County. A detailed mitigation and monitoring plan shall be developed for the burrowing owl mitigation area pursuant to CDFG guidelines and shall be incorporated as an exhibit into the Conservation Easement dee& MitiFadon Measure 4e: -Prior to issuance of a grading permit for each area to be disturbed (residential, marina, etc.), the project applicant shall provide Contra Costa County with an executed agreement between the applicant and a conservation organization legally qualified under California Code Section 815 et. seq. Alternatively, if the applicant cannot obtain such an agreement prior to issuance of grading permits, then the applicant may enter into an agreement with CDFG pursuant to Fish and Game Code Section 1802 that will ensure that burrowing owl mitigation lands will be protected in perpetuity in an amount commensurate with the impacts to burrowing owls resulting from the project. The executed agreement between the applicant and CDFG shall include a Letter of Credit in favor of CDFG in the amount of $20,000 per acre (for acquisition of mitigation property),plus $1,500 per acre for management endowment, and $3,000 for CDFG administrative fees. The total fee shall be based upon a 6.5-acre mitigation compensation requirement for each burrowing owl or mated pair of burrowing owls. The Letter of Credit shall indicate that it be surrendered to CDFG in the evert a conservation easement deed is not recorded over the mitigation property within one year of the County's issuance ofgrading permit The combination of the above mitigation measures would reduce this impact to less-than- significant. (LTS) Loggerhead Shrike. The loggerhead shrike is a California species of special concern at its nesting sites. This species has been observed by LSA biologists within the Discovery Bay West Village V project site several times, including the Village IV and Village V project areas. In addition, this species was noted as being present within the project area in the 1994 FEIR. Loggerhead shrikes may nest in the open space area east of Village III[and IV, a portion of which would be developed as Village V. Shrikes nest in shrubs and trees adjacent to open habitats such as grasslands or pastures. Potential -nesting habitat for loggerhead shrikes is present along the Werner Dredger Cut levee. impact BioloQv-5: The excavation of the channel for the proposed Village V marina could W impact potential loggerhead shrike nesting habitat along the Werner Dredger Cut levee. The loss of trees and/or shrubs, as well as shrike foraging habitat, could have an adverse affect on nesting shrikes and would be a significant impact. Mitigation Measure BioloPv-S: If grading or excavation is scheduled during the nesting season (i.e, Aprill through August 31), a survey to search for shrike nests shall be 45 DISCOVERY-BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST conducted no more than 14 days prior to the scheduled ground disturbing or vegetation 1 removing activity. This survey shall be conducted by a qualified ornithologist. If a shrike nest(s) is discovered, a 100.,foot exclusion I zone shall be established andfencedaround each nest(if the nests are located in different trees or shrubs)until the young have fledged and left the nest vicinity. No land clearing,grading, or other disturbance shall occur within this 100- footbuffer zone until the shrikes have completed nesting. The 181.1-acre open space area on the site shall be preserved in perpetuity through a conservation easement to mitigate for the loss of habitat for this species. Contra Costa County shall not issue a grading permit until the nesting survey is completed and all nesting buffer zones, if necessary, are established. (LTS) San Joaquin Kit Fox.The San Joaquin kit fox,or evidence of its occurrence(e.g.,burrows, scat, etc.),has not been found on the Discovery Bay West Village V project site, including the Village _.. IV site, and there is a very low probability that this species would occur in the Village V area. Impact Biology-6: The proposed project may impact habitat for San Joaquin kit fox on the Village V project site. Mitigation Measure BioloPv-6: In order to avoid impacting this species, a preconstruction J survey shall be conducted on the Village V project site no more than 30 days prior to any grading activity or other ground disturbance. These surveys shall be repeated at 30 day intervals if the habitat has not been converted within the previous 30 days. If potential dens or burrows are located, they shall be monitored and excavated according to the standard San -- Joaquin kit fox protection measures prior to ground disturbance (l1SFWS Standardized Recommendations for the Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance,.Tune 1999).A preconstruction survey report shall be prepared and submitted to —. the County Community Development Department prior to issuance of a grading permit This report shall detail the survey methodology, names and qualifications of the biologists that conducted the surveys, and the survey findings. If a kit fox is observed, the USFWS and CDFG shall be contacted immediately for guidance on how to proceed and appropriate mitigation developed for potential impacts to this species. Contra Costa County shall not issue a grading or building permit until the above mitigation measure is implemented. (LTS) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? The proposed changes to the project activities have the potential to significantly impact either directly or indirectly the following sensitive wetland plant communities: Alkali Grassland,Alkali Meadow, Alkali Marsh, and Freshwater Marsh. The 1994 FEIR identified potential impacts to 12.6 acres of degraded alkali wetlands. Impact Biology-7: The proposed Village V project has been designed to largely avoid impacts to jurisdictional water and wetlands* however, impacts to jurisdictional areas would occur as a result of the construction of the marina and the channel connecting the „� marina to the Werner Dredger Cut (see Figure 8). A total of 2.29 acres of wetlands would be impacted by the marina and channel including 0.32 acres of jurisdictional ditch and 1.97 acres of seasonal wetlands (M. Cordis, pers. comm.). An additional impact to Section 10 2/2-M 46 ... w� NO DISCOVERY BAY WFST VILLAGE V INITIAL STUDY 4.ENVIRONMEN'T'AL CHECKLIST jurisdictional areas in the Werner Dredger Cut would also occur as a result of breaching and armoring the channel entrance that connects the marina to the Werner Dredger Cut. M .idgation Measure Biolo2y-74:Impacted wetlands shall be replaced at a minimum ratio of 2:1 (two acres replaced for each acre impacted). This ratio meets the basic requirements of the w U.S. Army Corps of Engineers (1:1) and the typical mitigan'on requirements of the Regional Water Quality Control Board(2:1) which also has jurisdiction over these area as "waters of the State" and through the Section 401 certification requirement A wetland mitigation replacement plan shall be developed and shall include, at minimum, a discussion of 1) the existing wetland's plant species composition and hydrology and the proposed plant species composition and hydrology of the mitigan'on wetland;2)the performance standards by which success will be evaluated, 3)monitoring procedures, 4) contingency plan, S) annual report, 6) and rationale for expected success. The mitigation plan shall be approved by the appropriate agencies (the Corps and Regional Water Quality Control Board) prior to issuance of a grading permit. A performance bond, letter of credit, or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails. The mitigation wetlands) shall be monitored for 5 years after installation, with annual reports submitted to the County Community Development Department. Appropriate federal and/or state permits shall be obtained for f Il of the wetlands prior to such activity. Mitigation Measure Biolaff-7b: Avoidance measures described in the 1994 FEIR for potential impacts to jurisdictional areas shall be applied to the new project activities by establishing a buffer of at least 25 feet around all jurisdictional features and keeping all grading, staging, and vehicle traffic outside the buffer area. A construction fence shall be ` established around all jurisdictional features at the edge of the 25-foot buffer to delineate the buffer zone and wetland area and to prevent entry into the buffer. The designated buffer zones shall be shown on all grading and construction plans. The project shall also implement Best Management Practices (BMP)for construction work in or adjacent to wetlands and shall include measures to prevent the spread of invasive plants. These measures shall include fencing these vegetation communities as Environmentally Sensitive Areas to exclude personal and heavy equipment and shall include a buffer zone.. Authorized construction work in wetlands shall be conducted during the dry season to prevent potential erosion and water quality impacts. Mitigation Measure Biolorv-7c:Appropriate federal and/or state permits shall be obtained for work in the Werner Dredger Cut and jurisdictional wetlands during construction of the marina and channel Best management practices shall be employed to minimize impacts to this habitat during construcn'on. The combination of the above mitigation measures would reduce this impact to less-than- ` significant (LTS) ` Alkali Grassland is described in the FOR as a community that corresponds to the Holland(1986) • Valley Saccaton Grassland community, which CDFG lists as uncommon (sensitive) on their current List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database(CDFG 2003). DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Imaact_BioloQv-8: Alkali Meadow, Alkali Marsh, and Freshwater Marsh are wetland habitats that are generally considered as sensitive communities under the California Environmental Quality Act(CEQA) and could be impacted by the revised project. Mitigation Measure BioloPv-8: The existing habitat map for the project site shall be updated to clearly show the current extent of habitats on-sites The long Period of time since the original habitat maps were produced requires that these maps be updated prior to issuance of -' grading permits to ensure that no sensitive habitats are impacted by the proposed project. If sensitive habitats are identified on the Village V site, these habitats shall be avoided. Sensitive habitats to be avoided will be shown on construction drawings and plans and delineated in the field by fencing. If avoidance is not possible, sensitive habitats shall be mitigated ata 2:1 ratio (preserving or creating two acres of habitat for each acre impacted), A mitigation replacement plan shall be developed and implemented The mitigation plan shall be approved by the appropriate agencies prior to approval of the grading plan, A performance bond, letter of credit, or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails. The mitigation area shall be monitored for 5 years. (LTS) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) Through direct -' removal,filling, hydrological interruption, or other means? The final delineation map(dated August 2001)was verified by the U.S.Army Corps of Engineers in a letter to Hofmann Land Development Company on February 22,2002.1'he final map was the result of a series of investigations into the extent and location of jurisdictional areas on-site (Zentner.and Zentner 2000a,2000b, 2001). The verified map identifies 127.79 acres of waters of the United States on the Discovery Bay West Village V—Fallman parcels. In the vicinity of the proposed Village V site located on the parcel north of Fallman Canal and west of the Werner Dredger Cut, 96.21 acres of seasonal wetlands were delineated and 15-54 acres of open water were delineated in the Fallman Canal and Werner Dredger Cut. The remaining 16.04 acres of seasonal wetlands occur in the parcel south of Point of Timbers Road in the vicinity of Newport Drive. The proposed project footprint was overlaid with the location of the jurisdictional areas (see .. Figure 8). The proposed Village V project has been designed to largely avoid impacts to jurisdictional water and wetlands;however,impacts to jurisdictional areas would occur as a result -' of the construction of the marina and the channel connecting the marina to the Werner Dredger Cut. A total of 2.29 acres of wetlands would be impacted by the marina and channel, including 0.32 acres of jurisdictional ditch and 1.97 acres of seasonal wetlands (M. Cordis, pers. comm.). An additional impact to Section 10 jurisdictional areas in the Werner Dredger Cut would also occur as a result of breaching and armoring the.channel entrance that connects the marina to the Werner Dredger Cut. ,_,_ The FOR states that 12.6 acres of alkali wetland would be impacted by the project and that the mitigation ratio should only be 1:1 because these impacted areas are degraded. The FEIR also states that the County may require a 3:1 ratio to compensate for impacts to higher quality wetland habitats, including freshwater marsh, alkali marsh, alkali meadow, and alkali grassland. The impact of the proposed Village V project as currently depicted in Figure 8 is less than the impact V24105 48 DISCOVERY BAY WEST VILLAGE V INITIAL S'T'UDY 4.ENVIRONMENTAL CHECKLIST identified in the 1994 FER but is still significant. Refer to Impact Biology-7 and associated mitigation measures. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed project is unlikely to interfere substantially with any native resident or migratory fish or wildlife species;however,potential impacts could occur to salmonids and wildlife nursery sites as addressed below. The proposed project site is not located in an area that has been identified as an important movement corridor of any native species on a landscape or local scale. Imuact Biology-9: The Werner Dredger Cut connects to the Delta and is used as a migration corridor by listed salmonids (steelhead, coho and Chinook salmon) as they pass through the Central Valley on their way to spawning streams in the Sierra foothills. Individual fish could find their way into the Werner Dredger Cut and could be impacted by activities associated with the marina construction and operation. Impacts from the marina would include 1) decreasing dissolved oxygen within the marina complex itself and within the surrounding waters during low flow or high temperature scenarios; 2)increasing water temperature within the marina complex due to low circulation characteristics of an enclosed basin, providing a new source of contaminants to the Delta through boating activities related to the marina facilities and its operations,particularly hydrocarbon and petroleum products; 3) increasing number of pilings, if they are made of treated wood, adding to the heavy metal contaminant load in the Delta (i.e., copper, zinc, arsenic); increasing the potential habitat for salmonid predators around the docks and pilings; and 4) increasing sediment suspension and noise levels associated with dredging and pile driving that could effect migrating salmonids. Mitigation Measure BiolpQv-9: The project proponent shall enter into informal consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries and California Department of Fish and Game regarding the proposed project.' The marina in Village V shall be designedfollowing the guidance provided in the National Management Measures to Control Nonvoint Source Pollution from Marinas and Recreational Boating(EPA 8414- 01-005). The County shall review the marina plans for consistency with the guidance and require changes as necessary to achieve consistency prior to final approval of the marina design. The County will request comments from CDFG on the marina plan and design and incorporate these comments as determined appropriate by the County. (LTS) Impact Biology-10: The proposed project may affect nest sites and nesting activity for native birds and reptiles as described in the responses to question a) above. Io addition, impacts to common species such as red-tailed hawks, great horned owls, and red-winged ` blackbirds that may nest on the site could occur from the proposed project during construction. Impacts to the nesting sites of common and special-status species would require mitigation as the project would be affecting wildlife nursery sites. 7 In a letter dated January 18,2005,NOAA Fisheries detailed potential impacts associated with the project. Based on this letter,it appears likely that a formal consultation(Section 7)may be required as part of the federal wetland permitting n process for this project. �"� 49 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHIECKLIST Mitigationmw Measure Biol 40: Surveys for nesting raptors and passerines (e.g.,perching birds) shall be conducted prior to the initiation of earth-moving/ construction activities conducted during the nesting season(February I-August 31). Surveys shall be conducted no more than 30 days prior to the initiation of ground disturbance, tree removal/pruning, or construction activities,and shall be repeated at intervals of no more than 30 days throughout the breeding season (February I-August 31) if the site has not been converted to non-habitat in the prior 30 days. If a nest is found, an exclusion zone with a radius of 200 feet(from the dhpline of the nest tree) shall be established around the nest.tree for raptor species and 100 feet for passerines. The nest shall be monitored on a weekly basis by a qualified biologist to ensure that the construction activities do not result in nest abandonment. If the biologist observes agitated behavior in the adults, he/she shall instruct all nearby grading/construction activities to cease until the exclusion zone is increased to a suitable distance, as determined by the biologist in the field, to protect the nesting attempt. The sion zone shall sta *y in ,_„ place until the young have fledged from the nest(s) and are foraging independently. At that time, the exclusion zone may be removed. A report detailing the results of the preconstruction surveys shall be submitted to the Community Development Department prior to issuance of a grading permit. A report of nest monitoring shall also be provided to the County at the completion of nesting, with a copy being sent to CDFG. (LTS) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree -' preservation policy or ordinance? Contra Costa County has a Tree Protection and Preservation Ordinance (Ords. 94-59, 94-22) that — protects trees in unincorporated areas of the County and requires a permit for impacts to protected trees. Protected trees include, but are not limited to, certain native tree species that have a trunk size greater than or equal to 6.5 inches in diameter and that meet other specific conditions of the ordinance. Most of the site lacks trees, except-for the levee adjacent to Werner Dredger Cut and along the levee at the southern boundary of the Village V project area. This impact was not identified in the FEIR; however, the inclusion of the marina connection to the Werner Dredger Cut in the Village V project requires its inclusion in this review. Impact BioloQv-11: Trees along the Werner Dredger Cut may be removed or be indirectly impacted by the construction of the proposed channel and breaching of the levee. Direct impacts would be associated with removing native trees along the levee to connect the mow-oft marina with the Dredger Cut or to armor the existing or new levees. Indirect impacts may include: 1)undermining root systems;2)compaction of soil around trees not removed from the site; or 3)pruning of roots and branches to allow construction activities or clearance for vessels. Mitigation Measure Biology 11: A tree survey shall be conducted to identify all trees to be soon" impacted either directly or indirectly-by the proposed project. Trees to be removed or severely pruned will be clearly shown on construction drawings and marked with paint,or tree tags in thefield. The project applicant shall receive a permit for removal or damage of trees covered own% by the ordinance. Replacement trees shall be California species native to the Discovery Bay/Eastern Contra Costa County area. Replacement ratios as stipulated in the Tree Protection and Preservation Ordinance shall then be applied to impacted trees.Replacement MOW 50 w� i a+.w� DISCOVERY BAY NEST VILLAGE V INITIAL STUDY 4. ENVIRONMENTAL CHECKLIST PAGE .M....... .TENTIONALLY LEFT BLANK ANN-No} mamomm sommum momm" { t t wl. 3n_.M 52 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST trees shall be planted within the Village IIIIIVIV area (LTS) � Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? An East Contra Costa County Habitat Conservation Plan is currently being prepared but it has not been approved. There are not any other known conservation plans for the area. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed is Significant Project Addressed in Measures ` or No Impact FEIR Impact Description FEIR Required 5. Cultural Resources. Would the project: a) Cause a substantial adverse change in the 1:1 E] � significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the El El El El significance of an archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains,including those interred outside of formal cemeteries? Significant Impacts Identified in 1994 FEIR ' The 1994 FEIR found only one potentially significant impact, which was related to the potential uncovering of unknown archaeological sites during construction. Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that the mitigation measure of halting construction and notifying qualified personnel should unknown resources be uncovered would be adequate mitigation. Discussion Regarding Discovery Bay West Village V a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? A cultural resource survey was undertaken for the 1994 FEIR and the EIR concluded that no historical resources of significance would be impacted.Nine sites of potential historic value were identified. At that time,four of the nine sites were located within the area proposed for residential development. The Board determined in its findings-that none of the structures were significant �"� 53 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST because they were not identified on an historic inventory and were not associated with historic events or persons.No historical resources are located on the project site. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? While no archaeological sites have been identified on the site, and the Northwest Information -" Center of Sonoma State University completed a database search, unknown archaeological resources could be encountered during construction. The 1994 FEIR mitigation measures would apply to the project. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ago-oft No paleontological resources were identified at the project site when the survey was completed for the 1994 FEIR, d) Disturb any human remains, including those interred outside of formal cemeteries? Refer to (a) above. No human remains or cemeteries have been identified at the site. -" Conformance with the mitigation measure addressed in (b) above would mitigate the potential impact of unknown human remains being uncovered during construction, Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Oman* Less Than Adequately Review:No Measures In Impact Not Mitigation Significant Addressed in significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 6. Geology and Soils. ONNNOW Would the project: a) Expose people or structures to potential substantial adverse effects, including the Amon" risk of loss,injury,or death involving: i) Rupture of a known earthquake fault, El as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? � ■ � � � � -- iii) Seismic-related ground failure, � � � � � ■ including liquefaction? iv) Landslides? F1 V24M 54 .., Ng DISCOVERY BAY WEST VILLAGE V INITIAL$'RJDY 4.ENVIRONMENTAL Cl-IECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed is Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is El unstable,or that would become unstable as a result of the project,and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems • where sewers are not available for the disposal of waste water? Significant Impacts Identified in 1994 FEIR The 1994 FEIR concluded that the mass grading for the entire Discovery Bay West site was a significant and unavoidable impact. The other significant impact was associated with slopes cut in native soil around the marina and lakes that could be subject to instability. Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that the impact of mass grading was significant and unavoidable and that the impact related to unstable slopes could be mitigated by replacement of unstable soil types with compacted fill that includes a buttress properly keyed into native soil. Discussion Regarding Discovery Bay West Village V a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologistfor the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The project is not located within an Alquist-Priolo zone; however, it is located within a seismically active region. A Preliminary Geotechnical Investigation was completed for all of Discovery. Bay West by Kleinfelder Inc. in 1990 (Kleinfelder 1990) and included specific V24M 55 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ErtvtxortNtENrAL CxEcxt,tsr recommendations to minimize hazards.An updated geotechnical report will be required prior to approval of a grading permit or Final Subdivision Map. ii) Strong seismic ground shaking? The project site and associated development could be subject to strong seismic ground shaking due the proximity of the Concord-Green Valley, Midland, Hayward, Antioch, San -- Andreas and other faults in the region.This issue was addressed in the 1994 FEIR. iii) Seismic-related groundfailure, including liquefaction? — Impact Geology-1: Some liquefaction potential was identified in the subsurface investigations completed by Kleinfelder, Inc. in the 1990 study done for the Discovery _ Bay West project(Kleinfelder 1990). �ftadon Measure Geology-1: When specific grading plans for Village V are developed, the potential for encountering loose, clean sand layers shall be determined Grading plans shall be reviewed and approved by the County Geologist, whose recommendations shall be followed. Over-excavation and replacement with cohesive soils shall be completed to minimize liquefaction hazards. (LTS) iv) Landslides? Landslides would not occur at the site due the generally level topography. b) Result in substantial soil erosion or the loss of topsoil? Due to the significant amount of grading for the new marina and the new lakes,topsoil would be lost at the project site. High levels of boron and salinity in local soils were determined to make these soils limited for agricultural productivity. Thus, no mitigation measure is considered necessary. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? The 1994 FEIR concluded that subsidence and liquefaction would not be significant at the project site. Landslides would not occur due to the level topography of the site. The 1994 FEIR concluded that slopes cut into native soils for the new lakes and the marina could have impacts — because of local occurrences of loose sand. The mitigation measure recommended and included in the Mitigation Monitoring Program (see Appendix B) would apply to the project to mitigate this potential impact to less than significant. No additional measures would be necessary. The project proponent would be required to comply with the recommendations of a geotechnical study that would be done for the project prior to approval of the Final Subdivision Map. Also refer to (a)above. Pow% d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Aw� 2/24M 56 k � DISCOVERY BAY WEST VILLAGE V ITIITIAL STUDY 4.ENVIRONMENTAL CHECKLIST The 1994 FEIR did not identify expansive soils at the site. However, the 1990 Kleinfelder study did mention the potential for expansive soils. A new geotechnical study would be needed for Village V, which would address this topic prior to grading or approval of the Final Subdivision Map. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The project would tie into an established sewer system and would not require septic tanks or an alternative wastewater system. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 7. Hazards. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a El 1:1 El list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land El 1:1 El use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) for a project located within the vicinity of a El private airstrip,would the project result in a safety hazard for people residing or working in the project area? 2124M 57 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Less Than Potential FEIR Significant New Significant .Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures In Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required g) Impair implementation of or physically El 1:1 11 11 � interfere with an adopted emergency —' response plan or emergency evacuation plan? h) Expose people or structures to a significant El 1:1 1:3 risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where r residences are intermixed with wildlands? Significant Impacts Identified in 1994 FEIR —. No significant impacts for this topic were identified in the 1994 FEIR. The only hazardous issues addressed were related to electromagnetic fields due to the proximity of high power transmission lines to the Discovery Bay West site. —' Findings Related to Significant Impacts Identified in 1994 FEIR No impacts or mitigation measures for this topic were included in the 1994 FEIR. Discussion Regarding Discovery Bay West Village V a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The project would entail the use of some hazardous materials during both construction and operation. However, the amounts of these compounds would be insignificant given that the project is a residential and recreational project. In addition, the transporters and users of these materials would be required to abide by local, state, and federal regulations that apply to the use, transport, and disposal of hazardous materials. No significant hazardous impacts would result with adherence to existing regulations. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ANOMO Natural gas and petroleum product pipelines cross the Village V area in a 75-foot wide easement. Such lines are not inherently dangerous. However,there is the potential for a leaks or ruptures of the lines resulting from accidents or natural events such as earthquakes. Such leaks and ruptures could be hazardous to the residents of the community.No specific setback requirements exist for residential development adjacent to gas pipelines. Federal regulations require residences to be set back at least 50 feet from the petroleum pipeline. During construction, it is possible that there could be an accident involving the pipelines due to excavation activities in their vicinity. While only landscaping is proposed within the 75-foot i;:„os 58 �•. DISCOVERY BAY WEST VILLAGE V INCTIAL STUDY 4.ENVIRONMENTAL CHECKLIST easement area, specific precautions should be taken to minimize the potential for pipeline rupture or leakage. Impact Hazards-1: The potential exists for pipeline rupture or explosion during and after project construction due to construction accidents and/or natural catastrophes. Mitigation Measure Hazards-la: Prior to the issuance of a grading permit, the applicant shall complete a detailed survey that identifies the exact location of the 75-foot pipeline easement The boundaries of the easement area shall be clearly marked during construction activities to ensure that construction personnel know when they are working within or close to the easement so that they may use proper precautions. Mitigat�'on Measure Hazards-lb: To alert potential buyers to the existence of the pipelines and associated hazards, a deed notification shall be filed for every residential parcel within 50feet of the pipeline easement The notification shall clearly indicate that the pipelines have - explosive potential and that an accident involving any of the pipelines could cause extensive damage to private property as well as serious personal injury or death. The combination of the above mitigation measures would reduce this impact to less-than- significant. (LTS) In April 1998, Engeo, Inc. completed a Phase I Environmental Site Assessment to verify that the site does not contain any hazardous waste. The Phase I included a review of public records and laboratory testing of 20 near-surface soil samples. The Phase I Assessment recommended that some additional material testing be done at a future date. A subsurface assessment along the pipeline alignments was completed to ensure that no contamination of soils has occurred. This study, also done by Engeo, concluded that subsurface soil and groundwater along the pipeline easements does not appear to have been impacted(Engen, 1998). Imvact Hazards-2: The subsurface assessment of the pipeline easement was conducted nearly seven years ago. Therefore, there is the possibility of undiscovered soil contamination. Mitigation Measure Hazards Z:Prior to issuance of grading permits or filing of final maps for any portion of Village V,evidence of material testing along the pipeline easement shall be submitted to Contra Costa County for review and approval If contaminated soils are discovered, the site shall be decontaminated to the satisfaction of the Contra Costa County Health Services Department — Hazardous Materials Division prior to issuance of grading permits or filing of final maps. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Refer to(a)above.No school is located within one-quarter mile of the site. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ��� 59 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST The site isnot listed. e) For a project located within an airport land use plan or, where such a plan has not been adopted, -' within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? -mown" The Byron(East Contra Costa County)Airport is located more than 2 miles from the project site. No significant safety hazards are anticipated. summ For a project located within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? A small private airstrip is located on private property just north of the site.Due to the low volume of flights associated with this airstrip, safety hazards are not anticipated. gJ Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The project would not interfere with an adopted emergency response plan. Asupplementary emergency vehicle access point at the north end of Village IV is shown in Figure 5, h) Expose people or structures to a significant risk of loss, injury or death involving wildlandfiresP including where wildlands are adjacent to urbanized areas or where residences are. intermixed with wildlands? The project site is not located near or within a forested area where wildland fires would be of concern, Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures In Impact Not Mitigation Significant Addressed In Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 8. Hydrology and Water Quality. Would the project.- a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies F1 or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 21114M 60 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Sigaiticant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed In Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required c) Substantially alter the existing drainage � � � � El 1:1 pattern of the site or area,including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or ofd ' site? d) Substantially alter the existing drainage F1 pattern of the site or area,including through the alteration of the course of a stream or rit+er, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which El � a a ❑ ❑ would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? fl Otherwise substantially degrade water quality? g) Place housing within a 100-year flood � ■ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area � � � ❑ ❑ ❑ structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding,including flooding of as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? � El El El El Significant Impacts Identified in 1994 FEIR The 1994 FEIR addressed the following significant impacts related to hydrology and water quality: 1) Drainage and the 100-year storm event(due to site being within the 100-year floodplain); 2) Flooding due to sea level rise and land subsidence; 3) Wave action from boating activity and resulting bank erosion; 4) Project construction impacts on water quality; 5) Potential deterioration on groundwater quality; 6) Aquifer overdrafting; and DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST 7) Groundwater flow into new lakes. -' Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded the following: 1) Impact No. I above would be mitigated by the proposed pumping plan for stormwater events, a Lake Management Program, and the proposed storm drainage plan, 2) Impact No. 2 above would be mitigated by raising house subfloors to minimum 10.9 feet above mean sea level or by constructing a new levee at 11.9 feet above mean sea level.Homeowners are to be notified by the deed that there is a potential for sea level rise and the implications for flood -' protection (see Appendix B). Wells were to be located to avoid mutual pumping interference to minimize overdrafting. 3) Impact No. 3 above would be mitigated by relocating the marina so that impacts to the Kellogg Creek Channel would be reduced. In addition and to protect other nearly levees, the 1994 FEIR included a mitigation that the project site should be annexed into the Reclamation District No. 800(RD 800)service area(or other special district) if property owners fail to adequately maintain "' their levees.This action would ensure that adequate levee maintenance occurs* 4) For Impact No. 4 above, the applicant will be required to comply with the NDPES permit and construction permit requirements established by the County. For the marina, Section 404 and Section 10 permits would be required from the U.S.Army Corps of Engineers, 5) For Impact No. 5 above, the applicant is required to participate in a long-term monitoring and _... management plan for groundwater. This plan is to include standard well construction and maintenance practices. 6) For Impact No. 6 above, the long-term monitoring and management plan would check the Tulare aquifer to determine a safe pumping yield and to identify optimal well locations.New wells are to be located so as to avoid mutual pumping interference to minimize overdrafting, 7) For Impact No. 7 above, excavation is to be carefully monitored; certain sands are to be excavated and replaced with buttress fills, keyed into less permeable clay-rich layers below and constructed of less permeable material to discourage flow. A"'Wft Discussion Regarding Discovery Bay West Village V a) Violate any water quality standards or waste discharge requirements? A-Wift The project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) permits issued for the project to protect water quality. The waste discharge requirements would be met by the Discovery Bay Sewage Treatment Plant, which has its own NPDES permit.No violations or significant impacts are anticipated. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ..� =4M 62 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST The required groundwater-monitoring plan established in the 1994 FEIR mitigation measures(see Appendix B)would ensure that no substantial depletion of groundwater supplies would occur and that the Tulare Foni ation aquifer would be protected. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The development of Village V would increase the amount of impervious surface area above that which was anticipated in the 1994 FEIR. The applicant completed an impervious surface comparison between what was approved in 1994 and the current Village V proposal. In 1994, a total of 55 percent of the total acreage (31 acres of the total 56-acre site of eastern Village IV) was calculated to be impervious. The current proposal (109 acres of residential development) shows 60 acres,or 55 percent,also as impervious surface area(CBG,2004).Compliance with the NPDES permit would minimize on and off-site siltation(see Appendix B). d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Refer to(c)above.The site is within the 100-year floodplain.Runoff is proposed to be directed to the interior lakes that would be constructed for Village V.The applicant shall be required to have adequate drainage facilities,to build housing pads above the 10.9-foot(msl)elevation or build the levee at or above the 11.9-foot (msl) elevation, and to have an adequate pumping system. In addition,a new levee around the site would be constructed. An updated hydraulic modeling analysis was completed for the project in October 2004(Balance Hydrologies 2004).This analysis showed that the on-site lakes and proposed pumping system and weirs would be adequate to prevent flooding during 100-year storm events. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Substantial additional sources of polluted runoff would not result because the project would have to comply with requirements of the NPDES permit and the project would not entail any industrial uses. The project could contribute increased runoff, as compared to that evaluated in the 1994 FEIR, and similar requirements would be required as stated in the 1994 FEIR (see discussion under(d)above). � Otherwise substantially degrade water quality? The project's impacts on water quality would be similar to the impacts identified in the 1994 FEIR. Mitigation measures from the 1994 FEIR would be applicable to the project and would reduce impacts.to water quality to a less-than-signi fi cant level. No fueling stations would be associated with the new marina. gJ Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? �� 63 DISCOVERY BAY WEST VILLAGE V INTf[AL STUDY 4.ENVIRONMENTAL CHECKLIST The project would be constructed within the 100-year floodplain. The base flood elevation is 8 -` feet above mean sea level. Taking into account the predicted sea level rise and local subsidence, this elevation would be as high as 9.85 feet above mean sea level as stated in the 1994 FEIR. The 1994 FEIR includes mitigation measures related to building up housing pads above the ~' floodplain, adequate pumping of stormwater and improving/maintaining local levees. These mitigation measures would reduce potential flood-related impacts to less than significant. h) Place within a 1 00 year flood hazard area structures which would impede or redirect flood flows? The 1994 FED?,stated that with the new levees and new housing pads,existing drainage that goes from west of Bixler Road across the site to the Werner Dredger Cut would be redirected. The 1994 FEIR mitigation measures included provision of additional drainage facilities to ensure that flood protection west of Bixler Road is not adversely impacted by the project.Drainage from this area is to be routed through and around the project to result in less-than-significant impacts. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, includingflooding of as a result of the failure of a levee.or dam? Refer to(g)and(h)above. j) Inundation by seiche, tsunami, or mudflow? The potential for inundation by seiche, tsunami, or mudflow would not exist at the project site. The issue of sea level rise and land subsidence are addressed in the 1994 FEIR and in(g)above. Less Than Potential FOR Significant New Significant Requires Impact Due Additional New Impact Additional to mitigation Signiiiant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation -~ Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 9. Land Use and Planning. Would the project: a) Physically divide an established E] community? -- b) Conflict with any applicable land use plan, El El 0 ❑ ❑ El policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of - avoiding or mitigating an environmental -- effect? c) Conflict with any applicable habitat El � � El E] conservation plan or natural community ^� conservation plan? Zn,ros C4 DISCOVERY BAY WEST VILLAGE V I1vIT1AL STUDY 4. ENVIRONMENTAL CHECKLIST Significant Impacts Identified in 1994 FEIR The 1994 FEIR identified potentially significant impacts related to prime agricultural lands in the vicinity. This was the only land use-related impact from the 1994 FEIR and is also addressed under "Agriculture"above. Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that the mitigation measures would be adequate to reduce the above impacts to aless-than-significant level.These measures included: • Fencing at the project area between residential uses and grazing uses; • Deed notification for residents about allowed agricultural practices; and • Establishment of a 1 00-foot buffer zone between residences and intensive agricultural uses. Discussion Regarding Discovery Bay West Village V a) Physically divide an established community? The project site is vacant development and would not divide an established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The project site is designated as Delta Recreation &Resources, Single-Family Medium Density and Parks & Recreation in the County's General Plan. The zoning for the site is Planned Unit District (P-1). The project site is outside the Primary Zone of the Delta Protection Act of 1992 and is within the county's Urban Limit Line. The County's General Plan has specific policies for the Discovery Bay West area that address conservation and open space, land use, public services, and transportation. The project would be in compliance with these (and assuming compliance with 1994 FEIR mitigation measures as addressed in Appendix B)except for the following: • Dedication of development rights for 200 +/- acres Fallman Ranch(which includes a portion of the project site) and additional minimum of 120 acres of open forms of land use such as lakes, parks, utility easements, Fallman Canal, wetland, pocket parks, landscaped areas and trails. • Exploration of public access for areas to the east. • Dedication of the development rights for jurisdictional wetland areas planned for open space uses to the County prior to construction of any portion of the project north of the East Contra Costa Irrigation District(ECOID)Canal. • Provision of a community center within the Village I area. • Meeting with Knightsen and Byron School Districts to resolve issues pertaining to school boundaries. V2"M 65 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Village V would have two distinct residential areas (see Figures 9A and 9B). Ninety-three lots north of the pipeline easements would typically be 5,000 square feet and would be developed with zero lot line, duet or similar housing types. The remaining 339 lots would be larger, averaging 7,079 square feet, and would be developed with traditional single-family homes. The entire project area would have a density of 6.0 units per net acre, which is consistent with the proposed General Plan land use designation of Single-Family Residential High Density, -- The Village V project would reduce the overall acreage to be dedicated as open space from 200 acres to 181.1 acres. Since the 1994 FEIR, the applicant had a new wetlands study/delineation .._, completed that found fewer acres were actually wetlands.(see Appendix A). For this reason, the applicant is proposing to extend development into a portion of the 200-acre area to be deeded to the County. The Board of Supervisors has accepted the grant deed of development rights* However, as of February 2005, this acreage is not yet formally restricted in terms of development rights since the recording of the grant deed has not been completed. The proposed project would conflict with the stated policy regarding dedication of development rights and requires an amendment to the County's General Plan to reduce the acreage to be dedicated.The applicant has "' requested such an amendment for the project. Potential future public access to the east has been accommodated by building trail clearance and access under the Oasis Drive Bridge that connects Village III with Village III on the East Contra Costa County Irrigation District property as required by project Conditions of Approval. The proposed project also provides trails along the eastern edge of the developed areas. Areas of .-. jurisdictional wetlands would be dedicated as open space as part of the 181.1 acres that would be deed-restricted open space. Areas of proposed open space are shown in Figure 10. A site for the Community Center has been dedicated in Village I. Meetings with the school districts have taken ,.,,,, place and agreements were established. These may require amending as discussed under"Public Services." c) Conflict with any applicable habitat conservation plan or natural community- conservation plan? A habitat conservation plan does not apply to the site. The issue of dedication of land as open space is addressed above under(b). Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 10. Mineral Resources. Would the Project: a) Result in the loss of availability of a known F1 mineral resource that would be of value to the region and the residents of the State? V2WW 66 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CI-IFCKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional - Less Than Adequately Review:No Measures is Impact Not Mitigation Significant Addressed In Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Significant Impacts Identified is 1994 FEIR No impacts related to mineral resources at or near the site were addressed in the 1994 FEIR. Findings Related to Significant Impacts Identified in 1994 FEIR No findings related to this topic. Discussion Regarding Discovery Bay West Village V ` a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? No mineral resources have been identified at the project site. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? Refer to(a)above. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed In Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 11. Noise. Would the project result in: a) Exposure of persons to or generation of El Haase levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other ' agencies? b) Exposure of persons to or generation of � � � ❑ ❑ ❑ excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient El � � F-1 E3 noise levels in the project vicinity above levels existing without the project? DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST - Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed is Significant Project Addressed in Measures or No impact FEIR Impact Description FEIR Required d) A substantial temporary or periodic increase El in ambient noise levels in the project --' vicinity above levels existing without the project? e) For a project located within an airport land El El -- use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private El 11 F1 El airstrip, would the project expose people residing or working in the project area to excessive noise levels? Significant Impacts Identified in 1994 FEIR Significant impacts were identified as related to construction noise, noise impacts on wildlife, noise conflicts between agricultural activities and residential uses, noise level conflicts between proposed uses and noise due to boating. -- Findings Related to Significant Impacts Identified in 1994 FEIR The 1994 FEIR concluded that the recommended mitigation measures would reduce all noise impacts —" to aless-than-significant level.These measures addressed setbacks from agricultural uses;relocation of the marina;construction techniques for residences to ensure indoor noise levels of 45 dBA or less; and construction of sound walls. -- Discussion Regarding Discovery Bay West Village V a) Exposure of persons to or generation of noise levels in excess of standards established in the ^" local general plan or noise ordinance, or applicable standards of other agencies? The Village V project would be located in a similar location to the project evaluated in the 1994 -- FEIR except that residential uses would move farther to the east into undeveloped lands just west of the Werner Dredger Cut. Of the five noise measurement sites used in the 1994 FEER, Site No. 5 was within the Village V area, and included some of the lowest noise levels of the monitoring locations. Site No. 5 had a peak noise level of 67 dBA and an off-peak noise level of 54 dBA. Given the existing residential and agricultural uses of the area, noise levels would be similar to what was evaluated in the 1994 FEIR. The mitigation measures identified in the 1994 FEIR ..,_ would be adequate to mitigate exposure of residences to excessive noise levels. b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? DI V RY AY WEST VILLAGE V INITIAL Y 4.ENVIRONMENTAL Figure 9A: Proposed Land Use Plan DISCOVERY BAY NEST: VILLAGE V SUBDIVISION 8288 Gross Area= 19 Ac-g Net Area(75% of Gross Area)= 14.3 Ac Number of Residential Units=95 PARKS&RECREATION Net Density = 6.6 Units /Ac 29 Act . $ DISCOVERY BAY WEST: VILLAGE V f �.` SUBDIVISION 8288 DISCOVERY SAY WEST_%-ILLAGE IV Gross Area=77 Ac± S1_;*BD1V'ISI0,NS LMO&N3,82"' r ` Net Area(75%of Gross Area =57.8 Ac Gro,..-,s:area (.X--Ac.- Net Area(75«_I,of GrosS. 419.5 Ac � ' � ' � Number of Residential Units=337 N'unil-)er of Residential t'nit - 261- s= ~ ' Net Density= 5.8 Units/Ac M j • Net Deiisity— 5.'s�..=I1!tS.' Ac R • N DELTA RECREATION 27 Ac± DISCOVERY BAY WEST:VILLAGE E 1 i 4 SUBDIVISIONS-8570.0571&Ki" Y Gross Area rea-6-Ac= .; Z'et Area(7 o tiros,Ama)_ 0.3 Ac Number of Residential Units--�;- i DISCOVEPS'Y 131A Y VEST:VILLAGE 111 Net DenSlt�,_ �.1 Units Ac y St`1JD1�'ISI0\, N__i<<.S?7S ct 8579 Gross Arca-•1S_Ac± 1 t . .- Net Arva(75'u of Bross Area)-64.5 Ac Numher M*Residential U lits=249 j Net Density= 4.0 Units f Ac DISCOVERY BAY WEST:VILLAGE it SU BDIV IS10I`:S S02 0.129&_$W-12 r Gross.arra w 62 Av.- DISCOVER`'I3AY WES r:Vj 1..I..-Gj-11 Net Area(7i`�r`o of Gross Area)-46-Ac Number - , ' SC:BDI��IS10NS 842 S.8430.8431 S"t3 Number of Residential l.nivs=-:31 Gross Area-77.10 Ac;� Net Density_5.0 Units 1 Ac Net Arca(75`!*a©f Gross.-1rc:a)--54.3 1t t Numbcr of Residential Lnits �?? • f 4' Net Density=4.1 UnIts/Ac t DISCOVERY BAN'WESI`:VILLJ\GE I SL►BDIVISIONS S166&316111 Gross Area=3>6 Ac+ Net Area(751n orGmss Am-3) 2#Ac Number or Residential E'nits 129 Net Deiisity=4.8 Unl'Lc..,Ac D(SCO\:E RN BA) EST-VILLAGE I "RA .NS:�'�0D" ., SI. \ BDIVIS1O .S`633 �ti�I�: �t,BDI�'IS1(7)�ti�Ill ..► w 01� Gross Area`23-Nc fa re`s.;A 14.} NLt.arc::t(�'�". �1 ��f� oa;r��: fit' tie1.-�i'L:� ..�,,���i�.zr�ics Area)rea) -1 L" Y Number of Residential U-nits 1%4 - �:ctt�,her'o:�R--sidentisl Units Net Deiisi*t-y=G.4 Unl%ts Ac :: -' N'et DemiLly w 4.9 U111its Ac GENERAL PLAN DESIGNATIONS: SIM=SINGLE FA\.,-tILY,yiEDIUI••1 ,, ,• (3.0-4.9 UNN ITS PER NET ACRE) SH=SINGLE FAQ-LILY,HIGH d (5.0-7.2 UNITS PER NET ACRE) 2/23/2005 .69 4- DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONI'IENTAL CHECKLIST a —od I NIR BAY WE5T VILLAGE V INITIALMDY A. ENVIRONMENTAL Figure 9B.: Existing Land Use Plan PA mail 1 T , DISC�t�VL R��BAY "IrST �•`l1_I_:�c;C:I��t:.�S1 t)1sc'c»=trr•:� L':��� �.�E:51• 'tt_t_.�E;L 1�� t; _�, Grnts area-S4 Ac-7 C1.;t3D1��151t�`•5::1:�ii�.. 2 t �t; \c:t Area(�'�°°a t�rGross arca)=-0.0 plc Gr(.-.-;s•%rej"-66 c-. `' ,3 NUmber of Residumial Units TI� Net Area orGross Area) 49.5 Ac � _ ,� Net Density— J.5 Units Ac Number of Residential 1_1'nit. 16",Net Density= 5.4 units 1 Ac E x ' DISC OV t 1.1%� 13: l wCs•f:VILLAGE III S1J131)1 1S10:S Sa 77.5178&83;9 G ra.ss siren- a?:�c::: • �:�i Ares(-tau c���(.irors.�Aren) b I.i A DISCOVERY BA'r WE.� `:u I:`'.'11.1.,=��si:III 111ber iii'Residential 1.:b - its a� _45..1671 r .K.N--51- Net Deiisltv-- s.0 Uiiits . Ac C;r�»Arca- Cs. Ac, � `ct Aren(;1aa or(fftr-s$,•*1a rca) 511Ac �us2�bcr r�E'Rcw>I��it�3Jl :�ii�� 21577 r ei • ! k Net Dens-1tv= J. Unit .rbc UVIt ..'r �•Z � e S s • DISCOVERY BAN'WE.,zr:VILLAGE 11 Gros area-62 tic:.: DISCOV.. \ct Arca(75"n'of Cross-Arta)=46.5 c � ., SUBDIVISIONS 8428.s4.1) S-I;I c• 5 33 umber ut Residential C♦niis -_�I k �� Gross Area=73 lac: �_t Net Densitv=5-0 Units."'Ac Net• ren(75%ul'Gruss Ares)-54.S Ac Number of ReSidcn ial knit, Net , N -� let Dens' ==.I Usn*ts l Ac .�. DISCOVERY 13.`11'XX f.:ST.VII.LA(tE 1 r t ; t SU13DIlrISl0NS S1(16Zt:S167 Gross:area 36-Xc= N c t.Arca(';a.o of Gross Arcn) 217 Ac NUmber ol*Residential l:aiis= 129 NNet Density=4_S Units ; Ac " M 01 .r . . DISCO ERN B.-W WEST-VILLAGE I "RA`'i `'(-)0��„ SUBDI V ISI0N:S"WSh e S1-43 ,T "" S�I31�i�:lSliJ�.8 111 IroiS Arej ?S A 6roS-�,-area 55.X= y. .\ct Area("0 a o1'Gra��Aren 1---,1 kc 3 _ `�.�t:1re�t�,s,n j,!'{�;r�►:;s �►rL::t-"1 ..tttith�r pit Residential�-nit-. i.-1 ,r •.u--ul c,r of f'.c.,i!;,;rt4aj I seta 1, ec DC11Sit�R" .! Units�'. L ;' ' yet DeiisitN, =1,c� , • Ac GENERAL PLAN DESIGNATIONS: �� SM=SINGLE FAMILY,MEDIM4 4 `" (3.0-4.9 UNITS PER NET ACRE) SH a SINGLE FAMILY,HIGH (5.0-7w2 UNITS PER NET ACRE) 212312005 71 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST THIS PAGE INTENTIONALLY LEFT BLANK ,...,, 3.1;03 72 i. coy � V - LIZ ~- �� •• �� LE I END CUP } 't ic lu a....�.. 1 T1, '�.•.r+ !111 ►. E IT;_,. tsE T_ {([�1J.f E ..[j�}}1/j♦{tom D -r.. ' � i _....Y..`�''��iMF".;�.��ri vi moi- r� •n'1W� fCl 1� 71 �~J�'�' i_'�:.��•�r,�,�� . �w+�4'T •. �i -, 1+1�I.(... t�,� `�..-.A �Y�I i,�w.�Lin! UK L LA i •''^\.-.'"."`.,�,`4' ��,�". 4 _} i ++'.�r �^'r r Yr►r+t e.�r►�p. a '. r� �'�, �( /� �•;,-�,-a,�_�.,t;�,'��,_f } , • rt,'°.: L'_�_�J 1�..L.i�.,tr:_R�•� � •� ��i.3�!7��!�x .. •-�-'P - YT'1"'s"7 ' i F••�..jw R^.- r..�, },,,p„�j 1+► S�"S wr .. � � � ti...s��►.rc�•'".,�?.:�S 17, i ,� �"LRS �,�'; --;�"'�' �►— _ �\ �i1�.: ' � �»i_u�..:� '.�.j ice::... - r" :�:;:.�. +�"�i"'��-•�,i- -- _ _r"'f, :..::.1:t..:...' ME _ . IA TM, VN � .� .= Ron Is oo[ auIl WERE MINK, p BEDE OUR ZVI ilr.+� DISCOVERY BAY NEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST THIS PAGE INTENTIONALLY LEFT BLANK 74 _moi I}ISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL Cl-FCKLIST No ground borne vibration or ground borne noise levels are anticipated to result from construction of the Village V project. No pile driving, heavy compaction or blasting would be required for development. c) A substantial permanent increase in ambient noise -levels in the project vicinity above levels existing without the project? Noise levels would be similar to those evaluated in the 1994 FEIR and the mitigation measures of the 1994 FEIR would be adequate to mitigate potential impacts. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to c)above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project site for Village V is not within 2 miles of a public airport. J) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? A small private airstrip is located just north of the site. The minimal use of this airstrip, which is associated with a single residence, is not expected to result in excessive noise levels for project residents. In addition,the flight pattern is not over planned residential development. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation ` Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 12. Population and Housing. Would the project: a) Induce substantial population growth in El 1:1 an area, either directly (for example, by proposing new homes and businesses)or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing,necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the. construction of replacement housing elsewhere? . 212.ros 75 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4. ENVIRONMENTAL CHECKLIST Significant Impacts Identified in 1994 FEIR The 1994 FEIR did not.identify,significant impacts related to population/housing. Findings Related to'Significant Impacts Identified in 1994 FEIR No significant impacts were identified related to population/housing. Discussion-Regarding Discovery Bay West Village V- a) Induce substantial population growth in,an area, either directly(for example, by proposing new homes and..businesses). or .indirectly (for- example, through extension of roads or other infrastructure)? The project would not result in any increase in population above what was assessed in the 1994 FEIR as the number of units proposed substantially remains the same. No significant growth- inducing impacts would occur. b) Displace substantial numbers'of existing housing, necessitating the construction of replacement housing elsewhere? The proposed project would not result in the displacement of existing housing or residents or create a need for housing elsewhere. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to b)above. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures is Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required - 13. Public Services. a) Would the project result in substantial _ adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, —. the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perform- ance objectives for any of the public services: Fire protection? 0 � ❑ ❑ ❑ ❑ -'* Police protection? 'Q [:1 El . ❑ DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures • or No Impact FEIR Impact Description FEIR Required Schools? a ■ El 1:1 1:1 1:1 Parks? � D D D ❑ ❑ Other public facilities? � ❑ ❑ ❑ ❑ ❑ Significant Impacts Identified in 1994 FEIR Significant impacts related to public services that were identified in the 1994 FEIR consisted of the following: 1) effects on police protection and marine patrol; 2) effects on fire protection and emergency medical response services; 3) increased enrollments in school districts;4) additional need for childcare services; and 5)effect of the proposed development on utility easements. Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that the recommended mitigation measures related to the increased need for fire protection and emergency medical response services would reduce those impacts to a less-than- significant level because the construction of a new fire station would ensure response times within County General Plan standards. The Findings concluded that the recommended mitigation measures related to the increased need for ` police and marine patrol services would reduce those impacts to aless-than-significant level because the implementation of a police district with its additional funding levels and design and management coordination would bring response times up to County General Plan standards and would reduce the 01 number of incidents occurring on or near the project site. The Findings concluded the recommended mitigation measures related to school impacts would reduce those impacts to aless-than-significant level because the project would construct or pay for the construction of additional school facilities sufficient to accommodate the additional students generated by the project. The Findings concluded that the recommended mitigation measures related to the project's child care impacts would reduce those impacts to aless-than-significant level because the project would provide for preschool child care facilities pursuant to the County's child care ordinance and would promote r the usage of the project's planned elementary school facilities for before and after school child care. r Discussion Regarding Discovery Bay West Village V a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need .for new or physically altered governmentalfacilities, the construction of which could cause significant environmental impacts,, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Fireprotection? The project would not result in any increase in population above that which was addressed in the 1994 FEIR. Mitigation measures from the 1994 EIR would be applicable to the project. The ^' developer already built and partially equipped a fire station. Streets and other features in the project area are required to be designed to accommodate fire and other emergency vehicles. Police protection? Mitigation measures from the 1994 FEIR would be applicable to the project-, which include -- increased enforcement as well as measures to reduce or prevent incidents.This could be achieved by a reduction in the size of the beat that includes the project area or an increase in the staffing. This would entail higher operating costs and possibly a need for an additional substation.Village V would be annexed to the Police Services District in the area and each resident would pay a special assessment for police services. Schools? The student generation from the project would be unchanged from the estimates of the 1994 FEIR.Thus,no new school facilities or altered school facilities are expected to be needed for the -' project as compared to the 1994 FEIR analysis. However, a slight shift in school district attendance would occur with the Village V development. More students would attend the Knightsen School District than originally proposed in the 1994 FEIR and fewer students would -- attend the Byron Union School District.The dividing line for these two districts is approximately an eastward "continuation" of the Balfour Road alignment, cutting through the middle of the Village V site.The applicant may need to amend the school district agreements put in place after the 1994 FEIR,but no significant impacts related to school facility construction are anticipated. Parks? -- The General Plan requires that Discovery Bay West must provide a minimum of 120 acres of open forms of land use within the project, including but not limited to, lakes, park, utility _ easement, Fallman Canal, wetland, pocket parks, landscape areas, and trails. Villages I through IV include 124 acres of open forms of land use, which is over the required minimum. Village V . would add an additional 16.8 acres of lakes, 3 acres of landscaped utility easements and more than 6 acres of park, baseball and soccer fields to this number, increasing the total to -' approximately 150 acres. The cumulative creation of open space and recreation areas of the Discovery Bay West project meets the General Plan requirements. Other public facilities? The construction of a Community Center is proposed as part of the overall Discovery Bay West — project. A site has been reserved in Village I and a bond has been posted for a portion of its 10 construction. However, the Community Center may ultimately be built in one of the original subdivisions of Discovery Bay. ._ As part of the development, a marina with 120 slips, a boat storage facility and parking area are proposed. These three combined comprise 34 acres. The manna has been reduced in size by _ V2.W 78 .. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST approximately two-thirds compared to the original proposal and the location is shifted slightly southward from the location recommended in the 1994 FEIR. The manna would not be a public facility but would be for the use of Village III, IV, and V residents.No other public facilities are proposed. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 14. Recreation. . a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significant Impacts Identified in 1994 FEIR Significant impacts were identified as related to increased trespassing and recreational use of the East Contra Costa Irrigation District Canal Easement (ECOID), and more boating activity on Kellogg Creek due to the proposed marina. ` Findings Related to Significant Impacts Identified in 1994 FEIR The Findings concluded that the recommended mitigation measures related to the increased trespassing on the ECOID canal property would reduce those impacts to aless-than-significant level because either trespassing will be managed by an entity which would convert the property into a public trail or the applicant would provide sufficient security to minimize incidents of trespassing. A bridge is under construction across the ECOID easement and this bridge has been designed with sufficient clearance to allow trails to pass underneath. The Findings concluded that the recommended mitigation measures related to the increased demands for park and recreation facilities would reduce those impacts to aless-than-significant level because sufficient park acreage would be provided to meet the County's General Plan requirements. The Findings concluded that the recommended mitigation measures related to the increased boating activity on Kellogg Creek would reduce those impacts to aless-than-significant level because all marina-related boat traffic would be removed from the Kellogg Creek area.The new marina location responds to this mitigation measure. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Discussion Regarding Discovery Bay West Village V a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or — be accelerated? The project would not result in a substantial physical deterioration of recreational facilities -- because adequate recreational facilities would be provided.Village V proposes 17 acres of lakes, 4 acres of landscaped utility easements and more than 8 acres of parkland added to the overall park system of the Discovery Bay West development. Some areas of open space have been Ann=%. designed as baseball and soccer play fields at the request of the community. b) Does the project include recreational facilities or require the construction or expansion of _ recreational facilities which might have an adverse physical effect on the environment? Mitigation measures from the 1994 FEIR would be applicable to the project and would reduce impacts to a less than significant level. Mitigation measures identified in the 1994 EIR included relocating the marina to avoid boat access to Kellogg Creek, which would reduce the impacts on biological resources. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional _,,,, Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 15. Transportation/Traffic. — Would the project: a) Cause an increase in traffic which is El substantial in relation to the existing traffic toad and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed,either individually or cumulatively, El a a ❑ a level of service standard established by the county congestion management agency or designated roads or highways? c) Result in a change in air traffic patterns, El 1:1 1:1 1:1 1:1 including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a F1 El El design feature (e.g., sharp curves or dangerous intersections) or incompatible ,.., uses(e.g.,farm equipment)? e) Result in inadequate emergency access? El V2,M 80 ►Mq DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional ` Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed is Measures or No Impact FEIR Impact Description FEIR Required f) Result in inadequate parking capacity? g) Conflict with adopted polices, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Significant Impacts Identified in 1994 FEIR Significant impacts related to traffic and circulation were identified in the 1994 FEIR which consisted of the following: 1) Standard trip rates are 15 to 25 percent less than those modeled.Also, observed trip generation in/out of the existing Discovery Bay is substantially less than either the modeled rates or the standard rates. 2) The proposed development for the year 2000 would result in significant impacts at six of the 36 intersections studied, including intersections #11 — Byron Highway at Camino Diablo, #22 — Vasco Road (relocated) at Camino Diablo, #33 — SR 4 Bypass at Marsh Creek, #34 — SR 4 Bypass at Balfour Road, #35 — SR 4 Bypass at Sand Creek Road, and #36 — SR 4 Bypass at Lone Tree Road. 3) Based on the peak hour signal warrant evaluation, five intersections within the study area would require signalization by the year 2000 whether or not the proposed project is developed. The project would, however, contribute to the total traffic demand resulting in potentially significant impacts. These include intersections #1 — Discovery Bay Boulevard at SR 4, #2 — Newport Drive at SR 4, #6 —Bixler Road at SR 4, #11 —Byron Highway at Camino Diablo, and#25—Fairview Avenue at Balfour Road. 4) Three additional unsignalized intersections within the study area would meet signal warrants with the development of the proposed project. These conditions result in significant project impacts. The impacted intersections including intersections#8- Byron Highway (north) at SR 42#13 —Sellers Avenue at SR 4, and#15 —SR 4 at Balfour Road. 5) The Bixler Road at Point of Timber Road intersection is one of the two primary access points to the project.The added project traffic at this intersection would result in LOS"F"conditions. 6) The Byron Highway/Balfour Road intersection is located on one of two primary collector roads serving the project site. The added traffic at this intersection would result in LOS "F" conditions for the STOP controlled traffic. 7) Project-related traffic in 2010 would result in a significant impact at the Byron Highway . (south)/SR 4 intersection.This intersection is projected to operate at LOS"F"with and without ` the project. V24M 81 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST 8) For the Sellers Avenue/Balfour Road intersection located on one of two primary collector roads serving the project site,added project traffic would deteriorate the STOP-controlled approaches to LOS"F". 9) Provisions for school-related traffic circulation are not defined. 10) Roads approaching the project site at Balfour Road,Point of Timber Road, and Bixler Road do not meet minimum width requirements for Collector roads in Contra Costa County. The additional project traffic on these roads would be sufficient to exceed the threshold for a -- collector road designation. 11) Design improvements and/or changes are needed to address to the following: a) school related traffic impacts; b) inadequate collector roads; c) Bixler Road; d) potential conflicts between project traffic and farm traffic;e)potential entry gate traffic impacts; f)cul-de-sacs;g)on-street guest parking;provide h)cub cuts onto collector/arterial roads; i) inadequately designed traffic _ circles;j)marina parking; k)restriction of access to agricultural land east of the project site; 1) emergency access; m) potential inaccessibility of transit service; n) bicycle/pedestrian circulation; o) out of project bicyclists and pedestrians; p) construction related on-street parking; and c)construction related road damage. Findings Related to Significant Impacts Identified in 1994 FEIR The Board found that the mitigation measures described in Appendix B are both feasible and appropriate to mitigate the impacts of the project on the existing circulation system to less than significant and improve intersection operations for Significant Impact Cir-1 through Cir-18. The Board found the following regarding the mitigation measures described in Appendix B as it relates to Significant Impacts Cir-20 through Cir-39: _ • School-related traffic impacts have been avoided or substantially lessened by the mitigation measures because the measures would assure smooth traffic flows to and around the school site. • Inadequate collector roads have been avoided or substantially lessened because the measures would improve the inadequate collector roads to County standards. • Impacts related to the Bixler Road design have been avoided or substantially lessened because the measure would provide sufficient capacity to accommodate project traffic. • Potential conflicts between project traffic and farm traffic have been avoided or substantially lessened because the measures would provide sufficient traffic separation and warning to prevent significant safety hazards. • Potential project entry gate traffic impacts have been avoided or substantially lessened because the measures would assure smooth traffic flows into the project site. • Impacts related to cul-de-sacs have been avoided or substantially lessened because the measures would assure adequate emergency vehicle access, adequate traffic circulation and because they conform to County standards. • Impacts related to on-street guest parking have been avoided or substantially lessened because the measures would eliminate on-street parking where such parking could cause significant impacts. a,.+W 82 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHEcy...LisT • Impacts related to curb cuts onto collector/arterial roads have been avoided or substantially lessened because the measures would eliminate all curb cuts onto collector arterial roads with project-wide circulation. • Inadequately designed traffic circles have been avoided or substantially lessened because the measures would eliminate the traffic circles or redesign them to prevent congestion and discourage illegal turning movements. • Impacts related to marina parking have been avoided or substantially lessened because the relocated marina would be designed to conform to the principals set out in the proposed mitigation which would eliminate the potential parking shortage and reduce associated traffic hazards. • Restriction of access to agricultural lands east of the project site have been avoided or substantially lessened by site design. • Impacts related to emergency access have been avoided or substantially lessened by the mitigation measures adopted because the measures would provide emergency access acceptable to the Fire District. • Impacts related to potential inaccessibility of transit service have been avoided or substantially lessened because the measures could lead to substantially increased transit accessibility and service. • Impacts related to the bicycle/pedestrian circulation system have been avoided or substantially lessened because the measures would create a continuous, safe and complete internal bicycle/pedestrian circulation system. • Impacts related to out-of-project bicyclists and pedestrians have been avoided or substantially lessened because the measures would create a safe means of bicycle and pedestrian access to the site. • Impacts of construction-related on-street parking have been avoided or substantially lessened because the measures would provide sufficient on-site parking. • Impacts of construction-related road damage have been avoided or substantially lessened because the measures would restrict construction traffic to one road and provide for adequate repair of any damage that may occur to that roadway. The 1994 FEIR concluded that the project would contribute to a significant and unavoidable impact related to the level of service on the Vasco Road corridor and the Byron Highway corridor south of the Camino Diablo corridor. Discussion Regarding Discovery Bay West Village V a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle the volume to capacity ratio on roads, or congestion at intersections)? trips, 1p The Village V project would be located M* a similar location to the project evaluated in the 1994 FEIR except that residential uses would move farther to the east into undeveloped land just west of the Werner Dredger Cut. The Fehr& Peers memo dated March 21 2004, indicates that there is 2/24/0. 83 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST no net change in the number of homes within Discovery Bay West with the addition of Village V (Fehr and Peers,2004).Therefore,the overall project trip generation would remain the same.The peak hour trip generation for the Village V area would increase by approximately 100 trips in the AM peak hour and 150 trips in the PM peak hour, given the shift in units between the subareas of Discovery Bay West. While minor collector streets would be added to the circulation of the Discovery Bay West plan, �" no major arterials would be provided to access Village V. The minor collector streets would provide access to the cul-de-sacs of this portion of the development. The intersections that could be impacted by this shift in development are those on Balfour Road. These intersections are Byron Highway/Balfour Road and Sellers Avenue/Balfour Road. The Fehr& Peers October 2003 study found that these intersections would operate at LOS B and C, respectively. With this high level of service, minor changes in the traffic volumes would not create additional impacts. Based on these considerations, Fehr & Peers concluded that the proposed reallocation of homes would not generate additional traffic impacts beyond those identified previously in the 1994 FEIR.The recommended mitigation measures(see Appendix B) were determined to be adequate to reduce any potential impacts to a less-than-significant level. b) Exceed, either individually or cumulatively, a level ofservice standard established by the county congestion management agency or designated roads or highways? The 1994 FEIR addressed any potential significant impacts and with recommended mitigation measures (see Appendix B), it was determined that any impacts would be reduced to a less-than- significant level. These mitigation measures are applicable to the Village V proposal. Amon% c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project would not result in a change in air traffic patterns as the development does not involve any transportation related to air traffic. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? The 1994 FEIR addressed any potential significant impacts and with recommended mitigation -' measures(see Appendix B), it was determined that any impacts would be reduced to a less-than- significant level. These mitigation measures are applicable to the Village V proposal. No hazardous design features are proposed. —' e) Result in inadequate emergency access? The 1994 FEIR addressed any potential significant impacts and with recommended mitigation measures (see Appendix B), it was determined that any impacts would be reduced to a less-than- significant level.These mitigation measures are applicable to the Village*V proposal.Emergency ,.., access would be available at the north end of Village IV as shown in Figure 5. Result in inadequate parking capacity? AMIN% �� 84 .. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST The 1994 FEIR addressed any potential significant impacts associated with inadequate parking capacity. With recommended mitigation measures (see Appendix B), it was determined that any impacts would be reduced to ales-than-significant level. These mitigation measures are applicable to the Village V proposal. A new parking area would be provided specifically for the marina. g) Conflict with adopted polices,plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The 1994 FEIR addressed any potential significant impacts associated with adopted polices, plans,or programs supporting alternative transportation.With recommended mitigation measures (see Appendix B), it was determined that any impacts would be reduced to ales-than-significant level. These mitigation measures are applicable to the Village V proposal, A complete bicycle and pedestrian system would be provided as shown in Figure 6. Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in impact Not Mitigation Significant Addressed in Significant Project Addressed In Measures or No Impact FEIR Impact Description FEIR Required 16. Utilities and Service Systems. Would the project: a) Exceed wastewater treatment El El El requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available F1 El 1:1 F1 El to serve the project from existing entitlements and resources,or are new or expanded entitlements needed? e) Result in a determination by the El 1:1 1:1 El wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 21'24*5 85 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4. ENVIRONMENTAL CHECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures in Impact Not Mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required f) Be served by a landfill with sufficient El permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Significant Impacts Identified in 1994 FEIR -' The following significant impacts were identified as related to utility and service systems: 1) An increased demand for water systems; 2) An increased demand for sewer systems; 3) An increased need for flood control and storm drainage; and 4) Effect on mosquito abatement services. Findings Related to Significant Impacts Identified in 1994 FEIR The Board found that the mitigation measures described in Appendix B related to the water supply impacts of the project (Impact 8.3) would reduce those impacts to a less-than-significant level because annexation to Sanitary District #19 and participation in the water supply study would allow for the development of contingency plans to prepare for the unlikely event of an aquifer overdraft, Almon% The Board found that the mitigation measures described in Appendix B related to the sewage treatment and conveyance capacity of the project (Impact 8.4)would reduce those impacts to a less -' - than-significant level because annexation to Sanitary District #19 and the necessary financing of facilities expansion would accommodate the additional effluent flows from the project. The Board found that the mitigation measures described in Appendix B related to the storm drainage and flood control systems of the project (Impact 8.5) would reduce those impacts to a less-than- significant level because proper levee and pad construction would protect structures from flooding; ._., construction of drainage facilities would protect areas west of the site from flooding; and proper construction and maintenance of drainage basins and storm drainage facilities by an entity with the power to raise funds would ensure an adequately functioning storm drainage system. The Board found that the mitigation measures described in Appendix B related to the mosquito abatement services impact of the project (Impact 8.6) would reduce those impacts to a less-than- significant level because the implementation of design and management practices would reduce the need for additional mosquito abatement inspections, and consultation and cooperation with staff would mitigate those impacts that remain. V2"S 86 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST Discussion Regarding Discovery Bay West Village V a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ` Board? The project would not exceed the amount of development (as related to wastewater generation) anticipated in the 1994 FEIR.Wastewater would be treated by the plant operated by the Town of Discovery Bay(a Community Services District),which would meet all applicable requirements. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? A public report was prepared by Luhdorff & Scalmanini, dated October 27, 2003, which summarized the current and future water demand analysis for the Town of Discovery Bay. The status was again updated in the Town of Discovery Bay's letter to the Contra Costa County Community Development Department., dated May 28, 2004, which concludes that the Town of Discovery Bay's existing water system is capable of meeting the current water demand associated with the existing development.The proposed Village V project would not exceed the connections previously allowed for in the buildout of Discovery Bay West. Additionally, the Town of Discovery Bay, as of November 2003, had Luhdorff& Scalmanini conduct a water supply study to verify if the original water study done in 1998 was still valid with some new updated data.The results of the study indicated that there was sufficient water to meet the needs of Discovery Bay West for 2,000 dwelling units. Luhdorff& Scalmanini recommend that the Town of Discovery Bay assist in measuring long-term trends in groundwater elevations and water quality. No expansion of wastewater facilities would be needed since the buildout population would remain unchanged. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Discovery Bay West is designed so that the storm water system empties into the man-made lakes. These lakes are detention facilities designed with capacity to capture the 100-year storm event. The Village IVN lakes are designed to flow into the Village III lake, which can be pumped out by the lake storm pump station installed there, thus maintaining appropriate lake levels. The pump station is designed with backup pumps and an emergency diesel generator to provide uninterrupted service. Much of the drainage infrastructure is either in place or is currently under construction.Village V would share two lakes with Village IV, portions of which have already been dug. New drainage infrastructure that would be necessary for Village V would be that which is necessary to convey water into the lakes. This would include gutters, inlets and underground pipes. The construction of this infrastructure would not cause significant new environmental impacts,,as concluded by the updated hydraulic modeling study(Balance Hydrologics 2004). �� 87 DISCOVERY BAY.WEST VILLAGE V INITIAL STUDY 4.ENVIRONMENTAL CHECKLIST d) Have sufficient .water supplies available to serve the project from existing entitlements and -' resources,, or are new or expanded entitlements needed? As indicated in(b)above,a public report was prepared by Luhdorff& Scalmanini, dated October -' 27, 2003, which summarized the current and future water demand analysis for the Town of Discovery Bay. The status was again updated in the Town of Discovery Bay's letter to Community Development, dated May 28, 2004, which concludes that the Town of Discovery ..._ Bay's existing water system is capable of meeting the current water demand associated with the existing development. The proposed Village V project would not exceed the connections previously allowed for in the buildout of Discovery Bay West. Refer to the discussion in (b) above, e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The water and wastewater systems are owned and maintained by the Town of Discovery Bay, -' The applicant has increased the capacity of the sewage treatment plant and provided new domestic water wells, pumping stations and water treatment facilities as part of the Discovery Bay West project.The capacity of these facilities assumes a full buildout of 2,000 units,including --' Village V. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid Awe-* waste disposal needs? The project would not result in any increase in population above that which was assessed in the 1994 FEIR. Therefore,it is anticipated that there is sufficient landfill capacity to accommodate the project's solid waste disposal needs. gJ Comply with federal, state, and local statutes and regulations related to solid waste? -" The project would comply with federal,State and local statutes related to solid waste, Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures In Impact Not mitigation Significant Addressed in Significant Project Addressed in Measures or No Impact FEIR Impact Description FEIR Required 17. Mandatory Findings of Significance. swam 88 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4.ENviRo;Nme4rrAL CHECKLIST Less Than Potential FEIR Significant New Significant Requires Impact Due Additional New Impact Additional to Mitigation Significant Additional Less Than Adequately Review:No Measures In Impact Not Mitigation Significant Addressed in Significant Project Addressed In Measures or No Impact FEIR Impact Description FEIR Required a) Does the project have the potential to 0 ❑ ❑ ❑ � degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are E3 E3 individually limited, but cumulatively considerable?("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,and the effects of probable future projects.) c) Does the project have environmental effects El El which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion Regarding Discovery Bay West Village V a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species;, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? The proposed project could impact biological resources. For this reason, a number of mitigation measures have been recommended (see "Biological Resources" section) and agreed to by the applicant. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable ps means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects ofprobable future projects.) Two large residential projects are planned in the vicinity of Village V. Immediately east of Village I is Subdivision 8710, also known as Ravenswood, which was approved on December 2, 2003. This development will include 203 units; of which 181 will be detached single-family homes and 22 will be duets. A Mitigated Negative Declaration was adopted for this project. All 2n"S 89 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 4..ENVIRONMENTAL CHECKLIST potential impacts will be mitigated to a less than significant level through the mitigation measures incorporated into the project. The second major project is a subdivision known as "Pantages at Discovery Bay" proposed immediately east of Discovery Bay West Village H and the Ravenswood project. The exact layout and unit count for this project has not been determined and a tentative map has not been filed. This project is in the early planning stages, and its potential impacts cannot be adequately -= assessed. A separate CEQA review will be prepared for this project when a clearer picture of its size and scope is available. Any Village V-related contribution to cumulative impacts would be mitigated by the project's mitigation measures identified in Appendix B and included in this Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Any direct or indirect impacts on human beings (e.g., exposure to potential hazards) would be adequately mitigated by the 1994 FOR mitigation measures (see Appendix B) or by mitigation measures included in this Initial Study. '90 F Ip CHAPTER 5 MODIFIED OR NEW MITIGATION MEASURES The following are new mitigation measures applicable to the Village V project as identified in this Initial Study:' Aesthetics Mitigation Measure Aesthetics-1: New fencing and landscaping with evergreen trees shall be placed at the perimeter of both the boat storage area and the proposed marina parking area to screen the ` view of stored boats and parked vehicles from nearby residences.(LTS)9 Mitigation Measure Aesthetics-2: All lighting of the boat storage and marina parking area shall be shielded and directly downward to minimize glare for adjoining residences. With the proposed new landscaping as identified in Mitigation Measure Aesthetics-1, glare impacts should also be minimized. (LTS) Biological Resources Mitigation Measure Biology-la: The list of special-status species potentially occurring on the project site shall be updated using current information and databases.The updated list will form the basis - for the focused botanical surveys. The following special-status plants are known to occur in the vicinity of the site in the Woodward Island quadrangle: Delta button celery (Eryngium racemosum), Delta mudwort (Limosella subulata), diamond-petaled California poppy (Eschscholzia rhombipetala),and marsh skullcap(Scutellaria galericulata) (CDFG 2004)and will be included in the list target species for the surveys. Mitigation Measure Biology-lb: Focused surveys of the Village V project area (including marina area, channel to Werner-Dredger Cut, and adjacent areas along the Werner Dredger Cut)shall be conducted for special-status plants.These surveys shall be conducted according to the California Native Plant Society, California Department of Fish and Game (CDFG), and U.S. Fish and Wildlife Service (USFWS) protocols. All special-status plant populations shall be mapped and the mapped populations shall be avoided during construction activities and operation of the facilities,, Mitigation Measure Biology-lc: If special-status plants are found in the Village V project area, the mitigation and avoidance measures in the 1994 FEIR shall be implemented. A mitigation plan shall be developed and implemented to avoid these populations during construction and operation of the residential and recreational facilities.* If the plants cannot be avoided, then a mitigation 8 No modifications to 1994 FEIR mitigation measures(see Appendix B)are proposed. 9 The initials"LTS"signify that the impact would be reduced to aless-than-significant level with the implementation of the recommended mitigation measure. 2n4M 91 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY S. MODIFIED OR NEW MITIGATION MEASURES - plan will be developed to transplant or seed the plants to a mitigation site determined to be suitable by a qualified botanist and CDFG. This mitigation plan shall include a discussion of 1) the existing habitat characteristics including plant species composition and hydrology, 2) the habitat characteristics of the mitigation area including plant species composition and hydrology; 3) the performance standards by which- success will be evaluated, 4) monitoring procedures, 5) contingency plan,6)annual report, 7) and rational for expected success.The mitigation plan shall be approved by the appropriate agencies prior to the County issuing a grading permit. A -- performance bond, letter of credit, or other financial instrument shall be established prior to housing construction to pay for any remedial work that might need to occur, if the prior effort fails.The mitigation area shall be monitored for 5 years after installation with annual monitoring _ reports submitted to the County Community Development Department. Mitigation Measure Biologv-1d: An exotic vegetation control program shall be developed and implemented to prevent the spread of invasive plants at the site such as pampas grass(Cortaderia spp.), Himalayan blackberry (Rubus discolor), yellow iris (Iris pseudacorus) and yellow star. thistle (Centaurea. solstitialis), especially in areas adjacent to special-status plant habitat along Werner Dredger Cut. The expansion of these invasive species caused by ground disturbance could potentially displace sensitive plant communities or special-status plants and their habitats. The plan will be developed prior to development of Village V and will be funded by the applicant or future homeowners association. Mitigation Measure Biology-2: Mosquito control methods shall be chosen that minimize impacts to non-target, native wildlife that inhabit the open spaces on-site. Prior to the County issuing a — grading permit, a qualified biologist shall develop a plan for mosquito control. This plan will be developed in conjunction with the local mosquito abatement district (Contra Costa County Mosquito and Vector Control District) to ensure that the district will implement the mosquito ..., control methods chosen at Village V. Mosquito control will be funded by the Village V homeowner's association.(LTS) Mitigation Measure Biology-3: A permanent buffer of at least 50 feet from the top-of-bank shall be established between all habitat areas along the canals and the Village V development.No staging, parking, construction, or other disturbances shall be allowed in the buffer zones. Buffer zones OWN-=* shall be delineated clearly on construction drawings and grading plans and delineated in the field with permanent fencing. This fencing shall remain in place after completion of Village 5 construction to prevent future impacts to the buffer area. This permanent buffer area shall be shown on all drawings and established onsite prior to the County issuing a grading or building -� permit.(LTS) Mitigation Measure Biology-4a: A protocol-.level survey shall be conducted to assess the presence of -. burrowing owls on the Village V site (Burrowing Owl Survey Protocol and Mitigation Guidelines,The California Burrowing Owl Consortium 1993).Surveys shall be conducted in both the breeding season (April 15-July 15) and non-breeding season (December-January) to assess ,.._ use of the Village V site by this species. If burrowing owls are present within the area of the Village V project site to be disturbed or are present within the mandatory exclusion zone abutting the area to be disturbed, an upland mitigation area shall be established either on- or offsite for burrowing owls.The mitigation site must be determined to be suitable by a qualified biologist and CDFG. The size of the required mitigation site will be based on the number of burrowing owls observed on the Village V site with a minimum of 6.5 acres preserved per pair of owls or single DISCOVERY BAY WEST VILLAGE V INITIAL STUDY S. MODIFIED OR NEW MITIGATION MEASURES owl observed using the site. The number of owls for which mitigation is required shall be based on the combined results of the protocol-level survey and the preconstruction surveys (i.e., if two pairs of owls are observed on the Village V site during the protocol-level survey, the mitigation requirement shall be 2 x 6.5 = 13 acres provided that no more than two pairs of owls are observed during the preconstruction survey; if three pairs of owls are observed during the preconstruction survey, then the mitigation requirement shall be 3 x 6.5 = 19.5 acres). Alternatively, the project applicant may purchase credits equal to 6.5 acres(credits)per pair of owls or single owl observed in the Village V area at an approved mitigation bank. Mitigation Measure Biology-4b: Preconstruction surveys of the Village V site shall be conducted no more than 30 days prior to ground disturbing activities. If more than 30 days lapse between the time of the preconstruction survey and the start of ground-disturbing activities, another preconstruction survey must be completed. This process shall be repeated until the habitat is converted to non-habitat (e.g.,developed for residential and recreational uses). Mitigation Measure 4c: If burrowing owls must be relocated from the Village V project site,owls will be banded prior to passive relocation activities. A maximum of 5 days effort will be expended to attempt to trap and band the owls for identification prior to relocation.Trapping and banding will be conducted by a qualified biologist with a valid banding permit. After completing passive relocation in accordance with CDFG's guidelines,the project site and vicinity will be monitored by a qualified biologist daily for one week and once per week for an additional two weeks to document where the dislocated owls move.A report detailing the results of the monitoring will be submitted to the County within one month of the relocation.All passive relocation activities must be completed to the satisfaction of CDFG and Contra Costa County before a grading permit will be issued. Mitigation Measure Biology-4d: The upland mitigation site designated for burrowing owls shall be preserved in perpetuity as wildlife habitat with a perpetual conservation easement held by the California Department of Fish and Game (CDFG) or another qualified land trust that meets California Code Section 815 et. seq.. Any other entity designated to become the Grantee of the Conservation Easement shall be approved by the County. A detailed mitigation and monitoring plan shall be developed for the burrowing owl mitigation area pursuant to CDFG guidelines and shall be incorporated as an exhibit into the Conservation Easement deed. Mitigation Measure 4e - Prior to issuance of a grading permit for each area to be disturbed (residential, marina, etc.), the project applicant shall provide Contra Costa County with an executed agreement between the applicant and a conservation organization legally qualified under California Code Section 815 et. seq. Alternatively, if the applicant cannot obtain such an agreement prior to issuance of grading permits, then the applicant may enter into an agreement with CDFG pursuant to Fish and Game Code Section 1802 that will ensure that burrowing owl mitigation lands will be protected in perpetuity in an amount commensurate with the impacts to burrowing owls resulting from the project.The executed agreement between the applicant and CDFG shall include a Letter of Credit in favor of CDFG in the amount of$20,000 per acre(for acquisition of mitigation property),plus $1,500 per acre for management endowment,and$3,000 for CDFG administrative fees.The total fee shall be based upon a 6.5-acre mitigation compensation requirement for each burrowing owl V2"°s 93 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY S. MODIFIED OR NEW MITIGATION MEASURES - or mated pair of burrowing owls. The Letter of Credit shall indicate that it be surrendered to CDFG in the event a conservation easement deed is not recorded over the mitigation property within one year of the County's issuance of grading permit. Mitigation Measure Biologv-5: If grading or excavation is scheduled during the nesting season (i.e., April 1 through August 3 1), a survey to search for shrike nests shall be conducted no more than 14 days prior to the scheduled ground disturbing or vegetation removing activity. This survey shall be conducted by a qualified ornithologist. If a shrike nest(s) is discovered, a 1 00-foot exclusion zone shall be established and fenced around each nest (if the nests are located in different trees or shrubs)until the young have fledged and left the nest vicinity.No land clearing, -- grading, or other disturbance shall occur within this 100-foot buffer zone until the shrikes have completed nesting. The 18 1.1-acre open space area on the site shall be preserved in perpetuity through a conservation easement to mitigate for the loss of habitat for this species. Contra Costa County shall not issue a grading permit until the nesting survey is completed and all nesting buffer zones,if necessary,are established. (LTS) Mitigation Measure Biology-6: In order to avoid impacting this species, a preconstruction survey shall be conducted on the Village V project site no more than 30 days prior to any grading activity or other ground disturbance. These surveys shall be repeated at 30 day intervals if the habitat has not been converted within the previous 30 days. If potential dens or burrows are —' located, they shall be monitored and excavated according to the standard San Joaquin kit fox protection measures prior to ground disturbance(USFWS Standardized Recommendations for the Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance, June 1999). A preconstruction survey report shall be prepared and submitted to the County Community Development Department prior to issuance of a grading permit.This report shall detail the survey methodology, names and qualifications of the biologists that conducted the surveys, and the — survey findings. If a kit fox is observed, the USFWS and CDFG shall be contacted immediately for guidance on how to proceed and appropriate mitigation developed for potential impacts to this species. Contra Costa County shall not issue a grading or building permit until the above _ mitigation measure is implemented. (LTS) Mitigation Measure Biology-7a: Impacted wetlands shall be replaced at a minimum ratio of 2:1 (two acres replaced for each acre impacted).This ratio meets the basic requirements of the U.S.Army Corps of Engineers (1:1) and the typical mitigation requirements of the Regional Water Quality Control Board (2:1) which also has jurisdiction over these area as "waters of the State" and through the Section 401 certification requirement.A wetland mitigation replacement plan shall be developed and shall include, at minimum, a discussion of 1) the existing wetland's plant species composition and hydrology and the proposed plant species composition and hydrology of the mitigation wetland; 2) the performance standards by which success will be evaluated, 3) -- monitoring procedures, 4) contingency plan, 5) annual report, 6) and rationale for expected success. The mitigation plan shall be approved by the appropriate agencies (the Corps and Regional Water Quality Control Board) prior to issuance of a grading permit. A perfon-nance -% bond,letter of credit,or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails.The mitigation wetland(s) shall be monitored for 5 years after installation, with annual reports submitted to the County _,,, Community Development Department. Appropriate federal and/or state permits shall be obtained for fill of the wetlands prior to such activity. V214/05 94 OEM DISCOVERY BAY WEST VILLAGE V INITIAL STUDY S. MODIFIED OR NEW MITIGATION MEASURES Mitigation Measure Biology-7b: Avoidance measures described in the 1994 FEIR for potential impacts to jurisdictional areas shall be applied to the new project activities by establishing a buffer of at least 25 feet around all jurisdictional featuresand keeping all grading, staging, and vehicle traffic outside the buffer area. A construction fence shall be established around all jurisdictional features at the edge of the 25-foot buffer to delineate the buffer zone and wetland area and to prevent entry into the buffer. The designated buffer zones shall be shown on all grading and construction plans. The project shall also implement Best Management Practices (BMP) for construction work in or adjacent to wetlands and shall include measures to prevent the spread of invasive plants. These measures shall include fencing these vegetation communities as ' Environmentally Sensitive Areas to exclude personal and heavy equipment and shall include a buffer zone. Authorized construction work in wetlands shall be conducted during the dry season to prevent potential erosion and water quality impacts. Mitigation Measure Biology-7c: Appropriate federal and/or state permits shall be obtained for work in the Werner Dredger Cut and jurisdictional wetlands during construction of the marina and channel. Best management practices shall be employed to minimize impacts to this habitat during construction. Mitigation Measure Biology-8: The existing habitat map for the project site shall be updated to clearly show the current extent of habitats on-site. The long period of time since the original habitat maps were produced requires that these maps be updated prior to issuance of grading permits to ensure that no sensitive habitats are impacted by the proposed project. If sensitive habitats are identified on the Village V site, these habitats shall be avoided. Sensitive habitats to be avoided will be shown on construction drawings and plans and delineated in the field by fencing. If avoidance is not possible, sensitive habitats shall be mitigated ata 2:1 ratio (preserving or creating two acres of habitat for each acre impacted). A mitigation replacement plan shall be developed and implemented. The mitigation plan shall be approved by the appropriate agencies prior to approval of the grading plan. A performance bond, letter of credit, or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails. The mitigation area shall be monitored for S years. (LTS) Mitigation Measure Biology-9: The project proponent shall enter into informal consultation with National Oceanic and Atmospheric Administration(NOAA)Fisheries and California Department of Fish and Game regarding the proposed project. The marina in Village V shall be designed following the guidance provided in the National Management Measures to Control NonDoint Source Pollution from Marinas and Recreational Boating(EPA 841-B-01-005).The County shall review the marina plans for consistency with the guidance and require changes as necessary to achieve consistency prior to final approval of the manna design. The County will request comments from CDFG on the marina plan and design and incorporate these comments as determined appropriate by the County. (LTS) Mitigation Measure Biology-10. Surveys for nesting raptors and passerines(e.g.,perching birds)shall be conducted prior to the initiation of earth-moving/construction activities conducted during the nesting season(February 1-August 3 1). Surveys shall be conducted no more than 30 days prior to the initiation of ground disturbance, tree removal/pruning, or construction activities, and shall be repeated at intervals of no more than 30 days throughout the breeding season(February 1-August 3 1) if the site has not been converted to non-habitat in the prior 30 days. If a nest is found, an 2/2M0 95 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY S. MODIFIED OR NEW MITIGATION MEASURES exclusion zone with a radius of 200 feet (from the dripline of the nest tree) shall be established r around the nest tree for raptor species and 100 feet for passerines.The nest shall be monitored on a weekly basis by a qualified biologist to ensure that the construction activities do not result in nest abandonment. If the biologist observes agitated behavior in the adults, he/she shall instruct all nearby grading/construction activities to cease until the exclusion zone is increased to a suitable distance, as determined by the biologist in the field, to protect the nesting attempt. The exclusion zone shall stay in place until the young have fledged from the nest(s) and are foraging independently. At that time,the exclusion zone may be removed.A report detailing the results of the preconstruction surveys shall be submitted to the Community Development Department prior to issuance of a grading permit. A report of nest monitoring shall also be provided to the County at the completion of nesting,with a copy being sent to CDFG. (LTS) Mitigation Measure Biology-1 1: A tree survey shall be conducted to identify all trees to be impacted 0"-M* either directly or indirectly by the proposed project. Trees to be removed or severely pruned will be clearly shown on construction drawings and marked with paint, or tree tags in the field. The project applicant shall receive a permit for removal or damage of trees covered by the ordinance. Replacement trees shall be California species native to the Discovery Bay/Eastern Contra Costa County area. Replacement ratios as stipulated in the Tree Protection and Preservation Ordinance shall then be applied to impacted trees. Replacement trees shall be planted within the Village III/NN area. (LTS) Geology and Soils ffiw_� Mitigation Measure Geology-1: When specific grading plans for Village V are developed, the potential for encountering loose, clean sand layers shall be determined. Over-excavation and replacement with cohesive soils shall be completed to minimize liquefaction hazards.- (LTS) .--. Hazards Mitigation Measure Hazards-la: Prior to the issuance of a grading permit, the applicant shall complete a detailed survey that identifies the exact location of the 75-foot pipeline easement.The boundaries of the easement area shall be clearly marked during construction activities to ensure that construction personnel know when they are working within or close to the easement so that they may use proper precautions. Mitigation Measure Hazards-lb: To alert potential buyers to the existence of the pipelines and —' associated hazards, a deed notification shall be filed for every residential parcel within 50 feet of the pipeline easement. The notification shall clearly indicate that the pipelines have explosive potential and that an accident involving any of the pipelines could cause extensive damage to -- private property as well as serious personal injury or death. Mitigation Measure Hazards-2: Prior to issuance of grading permits or filing of final maps for any portion of Village V, evidence of material testing along the pipeline easement shall be submitted to Contra Costa-County for review and approval. If contaminated soils are discovered, the site shall be decontaminated to the satisfaction of the Contra Costa County Health Services Department—Hazardous Materials Division prior to issuance of grading permits or filing of final maps. vz./os 96 .-. DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 7. BIBLIOGRAPHY CHAPTER 6 BIBLIOGRAPHY Balance Hydrologics, 2004. Hydraulic Modeling of the Full Build-Out Condition at Discovery Bay West, Contra Costa County, California. October. California Department of Fish and Game (CDFG), 2003. List of Terrestrial Natural Communities Recognized by the California Natural Diversity Database. Prepared by the California Department of Fish.and Game, Wildlife and Habitat Data Analysis Branch, The Vegetation Classification and Mapping Program. September 2003 edition. California Department of Fish and Game (CDFG), 2004. Rarefind. California Natural Diversity Database (CNDDB). Version 3.0.3, November 3,2003.Updated August 1,2004. California Department of Fish and Game, Wildlife Habitat Data Analysis Branch, Sacramento, California. Carlson', Barbee and Gibson, Inc., 2004. Tables showing "Impervious Surface Comparison: Exhibits 3A and 3B"prepared for Hoffmann Land Development Company.August 27. Chris Gray, Fehr & Peers, 2003. Memorandum to Dave Lennon & Bob Henry, Hofmann Development Company,December 24. Chris Gray, Fehr & Peers, 2004. Memorandum to Dave Lennon, Hofmann Development Company, February 17. Contra Costa County Board of Supervisors, 1994. Findings Related to the Certification of Environmental Impact Report and Adoption of General Plan Amendment. December 20. Contra Costa County Community Development Department, 1994. Draft Environmental Impact Report Discovery Bay West General Plan Amendment and Related Topics- Volume I.• Text. August. Contra Costa County Community Development Department, 1994. Final EIR on the Discovery'Bay West General Plan Amendment and Related Actions. October. Contra Costa County. 1994. Draft Environmental Impact Report, Discovery Bay West General Plan Amendment and Related Actions. County File # 4-93-EC. Contra Costa County Community Development Department.August 1994. Contra Costa County, 1995.Appendix A:Mitigation Monitoring Program for the Discovery Bay West General Plan Amendment and Other Actions.-May. Contra Costa County, 1995. Mitigation Monitoring Program for the Discovery Bay West General Plan Amendment and Other Actions.May. VIVO 97 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY 7. BIBLIQGRAPHY Engeo, Inc., 1998. "Petroleum Pipeline Assessment." Letter report to The Hofmann Company dated July 13.This letter was to update the April 30, 1998 Engeo report for Discovery Bay West. Fehr & Peers, Transportation Consultants, 2004. Letter to D. Lennon, Hofmann Development Company regarding "Potential Traffic Impacts of Discovery Bay West Land Use Changes." March 2. Holland,R.F., 1986.Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resources Agency, Department of Fish and Game. Non-game Heritage Program, Sacramento,California.October 1986. .�,. John Fawcett, Senior Engineer,Luhdorff&Scalmanini, 2003. Letter to Virgil Koehne,October 27. Kleinfelder, Inc., 1990. Preliminary Geotechnical Investigation, Proposed Discovery Bay West,, Byron, California. February. LSA Associates, Inc. (LSA), 2004. Revised Results of Swainson's Hawk Foraging Habitat Analysis for Pillage 4 and S, Discovery Bay West, Contra Costa County. Letter report prepared for Hofinann Land Development Company,Concord,California. Michelle Cordis, Carlson, Barbee, & Gibson, Inc. San Ramon, CA. Email from M. Cordis to R. Henry dated December 6,2004. Robert Henry,Hofmann Land Company,2004."Informational Narrative."June 29. Virgil Koehne, Town of Discovery Bay, 2004. Letter to Will Nelson, Community Development Department,Martinez. April 23. Virgil Koehne, Town of Discovery Bay, 2004. Letter to Will Nelson, Contra Costa County Community Development.May 28. Zentner and Zentner, 2000a. Discovery Bay West-Fallman, Contra Costa County, CA Section 404 Jurisdictional Delineation. Prepared for Hofmann Land Development Company.Prepared by -- Zentner and Zentner,Roseville,CA. 7 pp.+appends. Zentner and Zentner, 2000b. Supplemental Section 404 Jurisdictional Delineation, Discovery Bay ..�, West-Fallman Site, Contra Costa County, CA. Prepared for Hofmann Land Development Company. Prepared by Zentner & Zentner and Kelley and Associates Environmental Sciences,Inc.,Roseville,CA. 7 pp.+appends. Zentner and Zentner, 2001. Addendum to the Supplemental Section 404 Jurisdictional Delineation, Discovery Bay West-Fallman Site, Contra Costa County, CA. Prepared for Hofmann Land Development Company.Prepared by Zentner and Zentner,Roseville,CA. 6 pp.+appends. -' 2410 98 .... CHAPTER 7 PREPARERS OF THE INITIAL STUDY Amy Skewes-Cox,AICP P.O.Box 422 Ross, CA 94957 415/454-8666 amysc�,rtasc.com Mr. Will Nelson and Mr. Patrick Roche of the Contra Costa County Community Development Department assisted Ms. Skewes-Cox. I f ' r i Appendix A t U.S. Army Corps Letter Re: Wetland Delineation of Engineers F R- X t i- i { :i f T-- 1 k k. t E w 1 i 2124/03 f DEPARTMENT OFTHE ARMY U.S.ARRAY E1Kig1EER DISi1YCi,SACRAMENTO CORPS OF ENG9-IEERS 1325 J STREET SACRAIAENTO,C1WFOpNU196874-2922 ,Q,e„VON,, February 22, 2002 RECEIVED Regulatory Branch (199200565) FEB 2 5 2002 HOFMMN LAND DEVELOPMENTCOO Of Dan Boatwright The Rnfmann Land Development Company 1380 Galaxy Way P. 0. Box 907 Concord, California 94522 Dear W. Boatwright: This letter concerns the delineation of waters of the United States, including wetlands, for the Discovery Bay West property. This site is located in Township 1 North, Range 3 East, MDBK Contra Costa County, California. Based on the information provided, we concur with the estimate of waters of the United States, as depicted on Z.enmer and Z---tMe-r- s Jurisdictional Delineation Map Revised August 2001 we received with their December 17, 2001, letter. Approximately 127.79 acres of waters of the United States, including wetisnds, Fallm Canal and Werner Dredger (fit, are present within the surveyed area. These waters are regulated by this office since they are tributaryadjacent and adjacent to tributaxies to Indian Slough and other navigable waters. Under Section 404 of the Clean Water Act and Section 10 of the rivers and Harbors Act, a D ujaent of the Army (DA) permit is required prior to discharging dredged or fill materialor work which affects navigability in waters of the United States. The type of pe---- rmit required will depend on a number of factors, including the type and amount of wakens affected by the discharge. For more information on bow to obtain a DA permit from oiu office, please visit our website at OWL -06&%0*00 mil/6est3k-co/r e¢�iletory/. ' This verification is valid for five years from the date of this letter unless new informationwarrants revision of the detezmination before the expiration date. A notice of appeal options is enclosed. -2- - — POW"" Please refer to identification member 199200565 in future correspondence concerning this project. If you have any questions, please write to me, Room 148U at the letterhead address, or telephone (916)557-5324., Sincerely, Michael Finan Chick Delta Office Copy Furnished w/enclosure: — Will Nelson/Candi WensleyCUU Costa County, CommunityDevelopmC.11,1LDepaztment, 651 Pine Street, 4th Floor North Wing, Martinez, California 94533-0095 — Copy Furnished w/o enclosure Devin Schenk, Zentaer & Zentaer, 95 Linden Street, Suite 6, Oakland, California 94607 46 • Applica= Fue Nom: 199200565 Daft;February 22,2002 Amwhed is: See Secdon below NMAL PROFFERED PM#Arr(STANDARD nRMrr OR LETTER OF PERMESION) A PROFFERED PH&ffr(STANDARD PHUaT OR LMMR OF PERMISSION) $ PMtWrDENViL C ✓ APPR+DVID JURMICnONAL DETEtMNAUON D PREL&24ARYJtMMICnONALDETERMWAMON $ A:DqrM4L PROFFEM PERMm.You may accept or object to the permit • Aiee�P'i: if you received a Sbm�dac+d Permit You msY aim the paaut document aad re4ua it t�tie Dist Fn�oee�r 50r fiaai mean. ffyoa iocdvod s of Pezmiasion(LOQ.you may accept the LOP aad your wank is addMoriYour sifnatuce on the Standard Pamit or aaxptance of the IAP mesas that you=opt the permit in bs entirety and waive all rights to appeal the permit,inchWding its tIMMs aad condidoos,aid UPPAW jMwictional, ion associated vvitb die it • OatEG'r. If yea object to the permit(SwWard or LOP)becavae of c«taia�era�s and oaaditians thec�in,Y'��Y m9� the peiiait be modified accex+dingly. You moultcoanpic�e Sa�ian II ret of this farm and um the£gym tD tie Di:4rict Engineer, Ile District Fngier n� must ncxive your objaI&ions within 60 days of the dale Of tbis naticx,or you will forfeit yiaur right to appeal the pemtit in t�fuwca. Upon receipt of YM leM,du Dh&[ct Ea6fneer willrvahffibe yonr objxtions and may:(a)modify she peanit W ad�ss all of your coacam.(b)modify the Permit to eddrw some of your objectiow,oc(c)not modify the pami#having detumined that the permit should be issued as previously writtea. After evaluating your ebjectims.the Distcjd EnBine,w will send you a proffered permit for yrnu rzcoasideiatiot,as indicated is Section 8 below. B: PROFFEPM PMZMM.You may accept or appeal the permit Accu't: If you a 3tandatd Pamir Yon my sign ffie permit document and cedua it to the District EngiaaeMr for final 0-1-1harizatioa. Ifyou rrceived a of Pin(LOP),you may accept the IAP and your work is authorized. Your:ioostiure on the Smndard Pemut or a ere of the LOP means that you sept the permit in its entic+ety,and waive all rights to appeal the Pemi� B its terms and coaditioat,and sPP��jurisdild-a-ann-I d ocs associated with the permit • Am : ffym chi to the Pivtmaed Pvmit(Standard or LOPS become of=tain Penns tbamin,you may aPPed the doelined permit under the Corps of Bngineeca eve Appeal Process bycomPk�Soctioa II of this£orMand aeadiag the foam to tine Dtviion(not D4trlct)Eaglneer(addma on revecae). 'Ibe Divldan EnSlnea must this form whin 60 days of the dale of notice. C: PmwT DENIAL: You may appeal du danial of a permit under'the Corps of Engineers Adnuaistrative Appeal Procea by comPlednB Section II of this form and seeding the form to the Divfslou(not DEngineer(address on reverse). The Divbiou Engineer amst recxive this form ed 60 days of the date of this notice. D: APPROVMJLWSDICMONALDETEPJaiAMON: Youmayacceptor appeal the approved JD or provide new information. • Acczrt: You do to notify the Corps to accept en appRWred JD. Failiu+e to notify the Caps witfiin 60 days of the date of thK notice meaner ' that you accept the _V_G d JD is itt eatiiety,and waive all rights to appeal the imov M. � Ate.: If yon ai�agrce with the approved.m,you may cep t the app�d JD Hader the corps of F.ngineen Ad fit Appall Process by crompletiag Sectio II of tms&M ding the form to the DtvWoo(not District) eer. Tbc Division mist ra�eive this Form within 60 days of the dans of this notice. Faccepaon:JD appeals based on new ie£onaatim must be submitted to the Distrkt Engbmer within 60 days of the dans ofthis noticx. E: PREzaiARY JURISDICTIONAL DETERMENA71ON: You do not need to respond to the Carps regarding the pretimmary]D, The Preliminary JD is not appealable. If you wish.you may request an approved JD(which maybe aPPealcd)�by coa�nB the Coops aarict for further uUOra�ation. Also,You may Puede new information for further consideration by the Corps to reevaluate the JD. . * 1 4 s • 5 CTS FOR APPLAL C'}R OWECnONS: reaso�a I for the decision or ob'a�xicsss to ail ur'rtiai roof ' ' yro�ur �P'Pesl�mS y�c�wr � p partwtt� clear cooc'tse statesna . You mray��acldifios�iu�fona�tion to this form to clm*whets your Pass or oba'ections are aclCMtsed in the .,.� adcn�inis��tcaatd.} , ADDMONAL DR;OIRMATION: Cnic alp W is limited to a review ofthe adtuit�isttativ�e the carps mrs�o �for the V*%AA d of tt appeal aouf�a e or m u suod aay srrpp ural infc�roaatiao dxat the re ru;w of r del_arrt osed 1211-COM exl to clarify the admin MW-M& Neithier the ap►p�nor&a Cops nom add now u n- on or anal'm to the recoil Ho–NV—OV r,you=Y proyruie adtiiAml ird 'arz�1 to location �" ofioxrioca tit in the nmin rrcord.} if youc quesoaas repadiszg decision andlar the appeal process If y+ou onty boas resrding the appeat procxssyou nay also youmay 1111111 coal District Pa Dity ision En US Amy Carps 'nems,Sac: n District, US Amey Corps of SPacific Drvis osi,L;tzPD.,CMmO ATM:R ,guhtmy Sra=14 Finan ATTN:Doug Po=i,AdruiniSuAnuOfficer 1325 J Stn%T,,Saga °a,CA 95814.m2922(916-557,.5250) 333 Marimt Sty Froxise o,CA 94105(4154r4M35) . (Use�address for subaaa-tInis to tete District� } (Use thk address for sobs-�to the DWWan En- iueer.% -- R1Q Tof E 'RY: "Your si csa!'mre below graats the,fight of entry to Corps of 1P ►irum-pa reit M my g� cnmrcut c��to coatluct urstigatioos of the projcot s"tte the coura►e of t ap�pcal pmo . You gilt'bcprodded a 15�-�Iay notice of my site inv%Wiio►n„and will have the opportunity to ail site inv% ►tigatiems. .. • Data Telepbone Number Signal of Appellant or Agma Appendix B Mitigation MonitoringProgram from 1994 FEIR k A 4. 4 6 2MM .f t rte. rr �■w Sam Ole r un ;7oA � w x 0 0 A ;WA 3 r- � � a� `a � " %ZA by O N 3 ,� IV 1 •' V ;� N ,N *ro:Aoi 4joA 0 OVA '� 0 con ICA PA -4 PA ..49T N6lA V � p G 0 '� �1 t�1 .°N � low. -;ooA- all lt�s_ Lod j:;, t:l 0 0 PA 0 qt� A O z0b o'ate OA `° PAA- � � 50 -A �j 0 JpA -A 010 rA 0 bn 'Z. Z LOA 0, UA OVA t) 0 (L) JpA cis ?� 1,A PA rA 0 %oAc 0 C)A� � v� � W � � V �, %0A WA JpA ;OA rA V ICA- vA 400b ;OA- IJvA it wl- PA d'. 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" tip a t= "�'� a 03 cri •� joOBD C� •W.. 0 ..r .r..� '' V U • ted CA y 4.4 U4 acc >It 0 o .... Cc o cisca CA *Iwo U3 0 z H v2Soo Gn a , C. Gn a •..r 4=0 oma game !� *goo 6.+ V •^ .� a 6 'a o � .o 5 G G A a W a o a ad 4 r w W c7 v� W 3 Q w v o � P c� a c� 0 H 111,11111111111,1111111000-0 sn MA Jal oil ,out 0 tot 6 y 9 d E NOVA 4 .00MWk 9 amonew V Palma one C yorin eriA tion P ca A t eces to yro*� -fL +SSP 4 i t, e:e �i • Proposed drainage facilities for the boat storage area and marina should be shown. r • It appears that Typical Section A shows the levee encroaching onto adjacent property. Is this levee existing or proposed? If proposed,have property rights been acquired? • In the levee areas, access should be provided to allow for maintenance vehicles to reach the levee for maintenance. The location of the access easement within the open space areas should also consider any conflicts with wetland areas. Traffic and Circulation: • Lots 424-438 are double-frontage lots with the rear of the lots facing Fallman Blvd. and the front of the lots facing "Q" Street. These lots should be reconfigured to avoid this _ situation by re-aligning "N", "O" and/or "P" Streets to accommodate the reconfigured lots and perhaps have one or two of these streets tie into Fallman Blvd. mom% • The loop portion of "H" Street, on the eastside of"A" Street, should have a different. traffic index than the portion of"H" Street on the Westside of"A" Street. The,applicant should consider a different street designation if applicable. -� • Driveway lengths should be a minimum of 20-feet in length, measured from the back of sidewalk(or,back of curb, if no sidewalk)to prevent vehicle overhang onto the sidewalk. -� • Is the area at the end of F-Street a part of Parcel D? It is understood that the Homeowner's Association will maintain this parcel along with the other identified parcels in General Note#9 of the tentative map. Other Considerations: The following highlights concerns with respect to this application. Conditions of approval to be considered with this application should be consistent with those approved for SD 8023. • Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. • Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the _ conditions of approval of this subdivision application. • Division 914 of the Ordinance Code requires that all storm waters entering and/or originating on this property be collected and 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 system which conveys the storm ,. waters to a natural watercourse. This project necessarily involves some diversions of watershed. However, since these diversions generally discharge to tidal bodies of water with adequate cross section and capacity,these diversions may be considered appropriate, subject to review and approval of Public Works. • Where pumping of storm drainage is required at high tide to discharge storm water from the leveed area to Dredger Cut or from the outside of the levee to Dredger Cut, the pump system shall have an emergency pumping system, OR,the storm drainage system shall be designed as a passive weir system for gravity flow drainage which will not result in flooding of homes based on the 1 00-year storm. If a pump system is utilized to discharge storm water into Dredger Cut, it shall be designed to operate considering anticipated sedimentation of the lake system and with an emergency pumping system. • The applicant shall be required to comply with the Bridge/Thoroughfare Fee Ordinance requirements for the East County Regional(ECR), East Contra Costa(ECC), and the East County Transportation Improvement Authority (ECTIA) Areas of Benefit as adopted-by the Board of Supervisors. These fees must be paid prior to issuance of building permits. The additional Project Traffic MitigationFee should also be paid at the current rate that ` exists at the time this application is approved. • The Flexible Mitigation Monitoring Program as required by the approved permit for SD 8023 continues to apply for this new subdivision. • 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. • Applicant shall construct the on-site road system to County private road standards. "A" Street adjacent to the lake should be 34-feet wide to stay consistent with other existing perimeter roads in Discovery Bay West, which have atwo-way bicycle path. Interior streets with a pavement width of 32-feet and using the alternate section should not serve more than 24 units. The divided portion of Fallman Blvd. should be designed with at least 18-foot lanes in each direction. The applicant may widen all or a portion of this roadway in each direction to provide for two lanes in each direction. . • Adequate stopping sight distance should be provided along "A" Street for a design speed of 45 mph. • Bike lanes along"A" Street should be a minimum 5-feet in width. • Applicant shall verify that adequate turnaround for emergency vehicles is provided and address any Fire District concerns. • Property owner shall record a Statement of Obligation in the form of a deed notification to inform all future property owners of their legal obligation to maintain the private roadway. • All new utility distribution services shall be installed underground. • Provide at least a 12-foot private road agncultuial access in a 20-foot minimum access .easement to Lot GG and Lot HH (as shown on the tentative map for SD 7686), The applicant shall grant rights to the property owner to the east to allow access to Bixler Road for at least a 12-foot minimum width access road through the project site. The * 4 access shall be along feasible alignments, outside of wetland areas (e.g. along subdivision streets). • A Lake Management Program shall be submitted and prepared by a professional in the field, which clearly specifies the following: the design parameters for the lake system, anticipated problems, NPDES requirements for water quality and proposed methods of maintenance. • The applicant shall provide -a plan for maintenance of the levees and identify a maintenance entity, such as a homeowners association, acceptable to the Public Works Department, which includes provisions for perpetual maintenance. • The proposed levee system around Village IV and V shall be constructed to FEMA, U.S. Army Corps of Engineers, Zoning Administrator and County Standards. • The applicant shall be required to comply with all rules, regulations, and procedures of -. the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II). • The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance as they pertain to future construction of any structures on this property.. -- • This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, 0owwo" Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources,per the Fish and Game Code. • This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. CL. G:\GtpData\EngSvc\C6ris\Applications12004\May\SD 8828.doc cc: B.Balbas,Engineering Services E.When.Engineering Services David Lennon,Hofmann Land Development Company,P.O.Box 758,Concord,CA 94522 IL TOWN OF DISCOVERY�R-AY ; O: 2 BAY 1800 Willow Lake Road,Discovery Bay, CA 94514 Telephone: (925) 6344131 Fax: (925) 513-2705 Board Members President-Ray Tetreault (925)516-2155 V.President-Bob Doran (925)634-5137 Treasurer-Maureen Murray (925)634-2170 Director-David Piepho (925)516-2358 April 23,2004 Director-Barry Hinds (925)516-5869 Will Nelson . Community Development Dept 651 Pine St,0 Fl.,North Wing Martinez,CA 94553-0095 RE:County File Numbers:RZ043142,SD048828&DP043019-Discovery Bay West Dear Will: First, thank you for allowing us to take a little longer in providing comments to your group on the above • mentioned application(s),. After reviewing this request,the Town of Discovery Bay Board of Directors would lice to express some of their concerns and or issues: 1. Modifying of the existing development plan to add or include additional dwellings for"Village 5"is fine,but some type of additional consideration from the developer should be given towards the development of the phoned"Community Centel'that is greatly needed.As you may know,the demog-rd-pnics of Discovery Bay have really changed during the past few years. This community,which was known as a"retirement or second home"type of community,has changed to a young family with two or three children who are now permanent residents of the community. The residents that are permanent in this community really need a community center with many amenities,such as a swimming Pool,a Sports Park,and a skate park. 2. The Town has also noticed that our newer residents that are buying their new homes in the "Lakeshore" Development, also Down as Village II, are young families. The young families have more needs than our senior type residents, such as schools and parks etc. To that note, we have noticed a lack of park or recreational type of facilities within Villages III,N and V,which needs to be addressed now. We would like to recommend that at a minimum, a basketball court, a soccer field and a baseball facility be constructed within these Villages. We see two major potential areas for these facilities,one of which is located between "North&Middle Lakes"or another site could be within the lower site of"Parcel J"which is"Open Space and Delta Recreation"of the Village V area. 3. Another concern of this Board is the proposed marina. Even though the number of slips are lower or less than when it was first proposed,the Board is still against this type of a facility being located here. The reason they are against this type of facility is because of the narrow waterways in the area and the many boating accidents W ithin the area, such as"Dredgers.Cut and Indian Slough."Although, if the proposed marina is approved by the Board of Supervisors or other agencies,the Town of Discovery Bay Board would like to see the developer ' agree to a few.additional"Conditions of Approval"items,which are as follows: (1) That"Dredgers Cut"is dredged. (2) Eliminate the two proposed launch ramps shown on the plans. (3) Some type of on-going monetary consideration is given to support the County's Sheriff Marine -' Patrol,and the East County Fire Protection District towards their fire/rescue boat unit (4) That rip rock be' considered or used along both sides of the proposed beim or levees that would need to be constructed to gain water access from the proposed marina to"Dredgers Cut,"" -- Should you have any further questions on this matter,please feel free to contact me at(925)634-11317 . Sin rely - — Virgil oehne,/General Manager -- Town of Discovery Bay VK/ca Cc:Bob Huey-Hofinann Land Development Co. 2 . . own h.M Contra Costa County Fire Protection District rq r.?-. Fire Chief April 8, 2004 KEITH Ric►irER Contra Costa County Community Development Department . 651 Pine Street 4th Floor North Wing Martinez, CA 94553 Attention: Will Nelson Subject: S1304-8828, DP04-3019, RZ04-3142, Discovery Bay Village V CCCFPD PROJECT N0. 103008 Gentlemen: We have reviewed the vesting tentative map and development plan application to establish a 442 lot residential subdivision, 2 lakes, a marina and a boat storage facility at the subject location. This project is regulated by codes, regulations, and ordinances administered by this Fire District. If approved by your office, the following shall be included as conditions of approval: f 1. The developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 2,000 GPM. Required flow shall be delivered from not more than 2 hydrants flowing simultaneously while maintaining 20 pounds residual pressure in the main. (903.3)CFC 2. The developer shall provide Fire hydrants of the East Bay type. Hydrant locations will be determined by this office upon submittal of three copies of a tentative map or site plan. (903.4.2)CFC 3. Provide access roadways with all-weather driving surfaces of not less than 20 feet unobstructed width, and not less than 13 feet six inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting the imposed ` loads of fire apparatus i.e., 37 tons. (902.2)CFC Note: Access roads of 20 feet unobstructed width shall have NO PARKING signs posted or curbs painted red. Roads 28 feet in width shall have NO PARKING signs posted, allowing for parking on one side only, or curb painted red. Roads 36 feet in width allow for parking on both sides. 4. The developer shall submit three copies of site improvement plans indicating fire apparatus access for review and approval prior to construction. (902.2.2.1) CFC 2010 6EARY ROAD • PLEASANT HILL,CALIFORNIA 94523-4694 • TELEPHONE(925)930-5500 • FAX 930-5592 ❑ 4527 DEERFIELD DRIVE • ANTIOCHt CALIFORNIA 94531 • TELEPHONE(928)757-1303 • FAX 754-8852 WEST COUNTY AREA• TELEPHONE (510) 374-7070 Contra Costa County -2m April 8, 2004 ^' CCCFPD Project No. 103008, 5, Access roads and hydrants shall be installed and in service prior to construction. (8704.1)CFC Note: The proposed Marina shall comply with NEPA 303. The applicant shall submit a minimum of three (3) of a site plan, building-plans, fuel _. tanks /piping plans to this office for review, 6e Approved premises identification shall be provided, Such numbers shall contrast with their background and be readily visible from the street, (901.4.4)CFC It is requested that a copy of the conditions of approval for the subject project be forwarded to this office when compiled by the planning agency. If you have any questions regarding this matter, please contact this office. Sinter Richard S. Ryan _ Fire Inspector RR/amd FILE PROJECT 103008.kr c: Hofmann Land Development P.O. Box 758 Concord, CA 94522 Carlson, Barbee & Gibson, Inc., 2603 Camino Ramon, #100 San Ramon, CA 94583 EAST BAY REGIONAL r°' PARK DISTRICT BOARD OF DIRECTORS -T -S F+i 1' 2 7 Doug Siden President Ward 4 April 1,2004 jean Siri Vice-President Ward 1 Beverly lane MT.Will Nelson Treasurer Contra�OStd CountyWard 6 Community Development 11)epd1U-1-K-;11'L1- Caron Severin Secretary 651 Pine Street we'd 3 Martinez,CA 94553-0095 john sitter Ward 2 Ayn Wieskamp Ward 5 RE: DeItA ACCO Ted Radke Discovay Bay West-Village V Tract 8828 Ward 7 RZ 043142,DP 04-3019,and SD 048.828 Pat O'Brien General Manager Dear Mr.Nelson: The Fast Bay Regional Park District received and reviewed the revised Discovery Bay West Village V.proposal. The Park District is a neighbor to the east across Dredger Cut. The open space parcel that also provided habitat mitigation provided a buffer between the park property and the development The Park District understood a portion of the property was to remain as open space for habitat gation as a condition of approval for the entire Discovery Bay West project. This proposed revision pushes the development envelope into this mitigation area. The proposal does not indicate replacement for the loss of habitat mitigation/open space. What alternative replacement mitigation is provided by this proposal? The Park District is opposed to a proposal that decreases previously required habitat mitigation. However,if the County approves this proposal,they should require: y 1. Additional mitigation property to be acquired and dedicated in this vicinity to replace the loss of the habitat mitigation/open space. 2. A conservation easement over the entirety of the open space to protect it from further development, 3. Extend the 10'wide pedestrian/hike path that connects to"M"Street to go behind the lots 285-295 to connect to the marina and to provide a better experience for the hail user. Thank you for the opportunity to review and comment on this project The Park District will be following this proposal. Please keep the Park District on the mailing list for public hearing notices and please send copies of staff reports and the final action taken by the County. Very truly yours, L.;v%da J.P. ez Senior Plamer Q 2950 Peralta Oaks Court P.O. Box 5381 Oakland, CA 94605-0381 b rec 510 635-0135 FAx 510 569-4319 roo 510 633-0460 www.ebparks.org w a 1 1 1 f Y �: DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 JSTREET -�', t'''-' w ^ ^. . •„ SACRAMENTO, CALIFORNIA 95814-2922`' REPLY TO ATTENTION OF April 26, 2004 Regulatory Branch (199200565) Will Nelson County Administration Building 651 Pine Street, 4th Floor Martinez, California 94553-0095 Dear Mr. Nelson: I am responding to your request for comments for the Discovery Bay West: Village V, Subdivision 8828 project, County file number RZ043142, SD048828, DP0430190 Based on information previously provided to the Corps of Engineers' portions of the project site are waters of the United States. These areas are regulated by this office under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States and Section 10 of the Rivers and Harbors Act for work or structures in navigable waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Project features that require work or the discharge of dredged or fill material in waters of the United States will require Department of the Army authorization prior to starting work. Although we received an application submittal for the Discovery Bay West project it is not complete. Specifically, the application lacks a complete project description, including, but not limited.to, details of the entire residential development, infrastructure, proposed marina, boat ramps, trailer parking lots, and area of the proposed lakes. Additionally, the application also lacks appropriate drawings, in an 8 1/2 x 1 1-inch black and white, reproducible format showing all project features in relation to verified waters of the United States, including wetlands on the project site. We have requested this information from the applicant, but have not yet received it. Until we receive complete information we are unable to process a permit for this project. The range of alternatives considered in any project plans should include alternatives that avoid impacts to wetlands or other waters of the United States. Every effort should be made to avoid project features which result in a loss of waters of the United States. In the event it can be clearly demonstrated there are no practicable alternatives to filling waters of the United States, mitigation plans should be developed to compensate for the unavoidable losses resulting from project implementation. -2� Please refer to identification number 199200565 in any correspondence concerning this project. If you have any questions, please contact William Guthrie at our Delta Office, 1325 J Street, Room 1480, Sacramento, California 95814-2922, email , William.H.Guthrie@usace.army.m il, or telephone 916-557-5269. You may also use the Regulatory Permits link on our website: www.spk.usace.army.mil. ""moma Sincerely, r Michael Finan Chief, Delta Office Copy furnished: D.T. Lennon, The Hofmann Land Development Company, 1380 Galaxy Way, P. O. Box 907, Concord, California 94522 -- AWAMW • A •.yw. r Byron Union School District 14301 Byron Highway Byron, CA 94514 ` (925) 634-6644 FAX: (925) 634-9421 _ Dr. Thomas Meyer,Superintendent .Ywo.. cuwm=r -o-IWJIZOM-do.— V March 31, 2004 Byfax 335-1222 and by U.S. Mail Contra Costa County c/o Mr.Will Nelson Collin fty Development Department 651 Pine Street,4th Floor,North Wing ■M Martinez,CA 94553 � Be. Proposed General Plan Amendment Discovery Bay Village 4/S ■y also known as "Combined VdIage 4.97 QHofmann Land Development Company County File Number:RZO43142 SD 048828,DPO43019 Dear Mr. Nelson: 0 ■=i As you know, the Byron Union School District provides public education for elementary and intermediate school-age children in Byron, Discovery Bay and Discovery Bay West. As such, the CC District may provide school facilities for children in the Village 4/5 project if it is approved by Contra Costa County. The district has been, and continues to be, in discussion with the Knightsen School District and Hofmann regarding the transfer of territory from the Knightsen School District to the Byron OUnion School District. Part of the proposed general plan amendment includes prop*erty already with- Om the Byron Union School District. To address school impacts in Villages I, II and III in Discovery Bay West, Ho Land Development Company entered into a school facilities agreement with the District whereby Ho constructed the Timber Point Elementary School and the District completed new facilities at the Excelsior Middle OSchool. Suchana e was required as a condition of Hofinann's tentative map approval. � In order to accommodate school-age children from this Village 4/5 project as well as other residential projects within the District, including the pending Ravenswood and Pantages projects, it will likely be mnecessary for the District to enter into a new school facilities agreement with all developers.The District o is currently undergoing a facilities assessment and demographics projection in order to confirm the new facilities that will be necessary to accommodate the expected children who will reside in these new developments. In 1998, new state laws were enacted regarding the payment of fees, charges, dedications or other requirements of a development project for the construction or reconstruction of school facilities. Depending on the circumstances within a particular school district, the payment of school impact fees Working Together,Building on Success Community Development Department March 31,2004 Page 2 may be sufficient or a separate school facilities agreement consistent with state law may be required. AMMON The Hofmann Land Development Company and other developers should be aware that payment of the standard school impact fee at the issuance of each building permit may not be sufficient to provide for the construction or reconstruction of school facilities sufficient to mitigate impacts from its project for -..� elementary and middle schools. Condition 77 on page 35 of the Findings and Conditions of Approval for County Files#DP033008 and SD8710 might be interpreted to mean that the developer may elect to either pay the state-mandated school impact fee per building permit or enter into a written agreement with the affected school district. The two affected school districts are Byron Union School District and Knightsen School District. The ^' developer does not make that election under state law. To clarify the condition, I suggested that it be reworded as follows: 77. At least 60 days prior to the issuance of the,first -building permit, impacts to school facilities shall be mitigated either by payment of the state-mandated fee or entry into a written agreement with the affected school district, in a manner consistent with state law as determined by that school district. To satisfy this condition, a letterfrom the affected school district .._, shall be provided to the Community Development Department confirming that its school facilities impacts have been mitigated as required by state law. It is not our intent to delay the amendment process in any way. We look forward to continuing dialogue between the Ho'---- Land Development Company and the two school districts. Thank you for your AMMON% anticipated cooperation. Byron Union School District will work with the Hofmann Land Development Company,the Knightsen School District and Contra Costa County to be in a position to timely complete the school facilities that will be necessary to serve the families who will live in the new neighborhoods _ in our communities. Sincerely, _„ all" om Meyer,ED.D., uperintendent r' Byron Union School District cc Hofmann Land Development Company Knightsen School District A k df .. . . . _ � . Kji�htsen School District *14 0a.. . 1923 Delta Road • P.O.Box 265 Knightsen,California 94546 ADMINISTRAT14k JUL 15 PM 3* Z9- (925) 625-0073 BOARD OF TRUSTE BARBARA CECCHINI RT VICKEY RINEHA • :..;, �,�.�•� Fax:(925) 625-8766 FRANKLIN DELL SUPERtNTENDfNT. ;,;;��; } � JAMES FRANK -'�'� ' "-'� ' �'`-` July 14, 2004 DOROTHY WALTER LIESEL WILLIAMS Mr.David Lennon Hofmann Land Development Company P. O. Box 758 Concord,Ca. 94522 Dear David: Thank you for your letter which was dated April 26, which I think it was supposed to be June 26. We received it July 7 while I was on vacation, so I hope it wasn't mailed in April! ` I went through all of my materials on Discovery Bay West, and looked again at the agreement in detail. Your letter states that we have an agreement on the entire project which was Discovery Bay West, Village 4, and now is reconfigured and being called Village 5. I have enclosed a copy of the first page of the agreement which refers to"Exhibit 2" showing the property covered by the agreement, and have enclosed a copy of Exhibit 2 as well. As you see when compared to the drawing of Village 4 & 5,the configuration does not match. Thatis why it is my belief that area has been added with the configuration of Village 5, and is not covered by the agreement. Also,the agreement was indeed for Village 4 to be senior housing, and I have circled the portion on Page 1 of the agreement indicating the mitigation if it is not. A If you locate any documentation to show that our agreement does cover all the properly now designated as Village 5, I would be happy to write a letter to that effect to the County. I understand that Mr.Hasseltine has contacted our Board President, Tim Frank regarding the project. Mr.Frank shared some thoughts with him, and encouraged him to contact me. The large number of homes being built in Village 5 does provide options for our district to explore. Also, Tom Meyer and I have continued to talk about options that would benefit the Byron District as well. It would be beneficial to meet with Torn Whalen, Mr. Hasseltine, and/or yourself to discuss what might be a beneficial and amicable solution for everyone. Si IY2 ickvy Rin hart Superintendent It' cc: Will Nelson, Contra County Courty Bob Kingsley, Attorney Tom Meyer, Byron School District K n qhtsen r� f r t 1 rWANO t t t AOOW M ,...w low• do J ow AP Recording requested by and when recorded mail to: Liberty Union High School District MAY -0 51996 zo ar street , 0364 Br+eatwood,California 94513 ) T Attention: Mr.Dan Smith � C,� CYCLOCKCATRA Coc-,-, _ Exempt: Government Code Section 5013 ) .)T'"i.;-�' :.. . _ ACKNOWLEDGEMENT OF OBLIGATIONS OF PARTICIPATING DEVELOPER EAST CONTRA COSTA COUNTY SCHOOL FACILITIES FUNDING AND 'MITIGATION AGREEMENT DISCOVERY BAY WEST VILLAGES III & IV This Acknowledgment of Obligations ("Acknowledgment") is entered into as of April 23, 1996, by and between Edna Fallman("Fallman"),their successors in interest and assigns, the East Contra Costa School Financing Authority ("Authority"), Knightsen Elementary School District ("Knightsen"),and Liberty Union High School District ("Liberty"). Both Knightsen and Liberty are Participating School Districts in the East Contra Costa County School Facilities Funding and Mitigation Agreement ("Agreement") attached hereto and incorporated by reference as Exhibit q I N The real property of Fallman,which is the only property subject to this Acknowledgement, is the real property shown on Exhibit "2 "-attached hereto and incorporated herein, consisting of approximately 1,157 dwelling unfits and which is proposed to be rezoned and developed pursuant to No. 2963-RZ of the County of Contra Costa ("Fallman's Participating P ope y which is also "Participating Property"defined in the Agreement). Fallman's Participating Property is commonly referred to as Discovery Bay West Villages III & IV. Fallman, by execution of this Acknowledgement, acts as a Participating Developer pursuant to the terms of the Agreement. With respect to the Participating Property, Fallman agrees to the terms of the Agreement, except as otherwise provided in"this Acknowledgement. I. Mit iat.ionRecuirement In the event the Participating Property is not developed as a Senior Citizen ousin Development as set forth in paragraph V herein, Fall man's Participating Property s all be subject o dyMenL 01 Jyllilm. Agreement. Fallman, or its successor or assign, shall make such designation as to whether the Participating Property shall be a Senior's Community prior to issuance of a building permit for the Participating Property. oma AcamMrrr.751 -1- �r f ,r■�rw { t /rte won do 1 ren& t r-VWw r�1 T i Ck Bel. 2 I co 4'23 � X3:13 ,tib do !also do dp C/ r M IS AV �bt �2 1 Pon" E FAY ISLAND 10 ':<'00p I ow ZONE C 15 l c w J >r • •ALFOUR 000 ROAD 22 AlA1/M ZONE - 1 IMT OF Tomato�.o / OVA X67 . 5 r _ ��•� t ILM G740 6700 688 65 7S ZONE --., IEL e Rt T TO Nw•!I < SaAvg eou•t. @gave&&"a.. •���` t•o�KLo�MrrT. Olttortw��1 NV Rt psMA"a ! DNA me tNNT.. LIM[T of evert.eN.•eeW DETAILED LAsun.tows• LIDO 990lt9... STUDY a.•ww•s••cLt. toasts r coweve. tr•wuM NMwt.. "•wtw Kstt.. aoa v"pawl... omts"ma 00400 • awe a pe*t... KE LL G G 0 s•IL Coon.... V s•%w«MUST ZON C seuvo meal. J s1•w0e.•o tows Q st••te••s e•w �� st•�•�w.tw�� s��w�Nw Kwtt. sya�isw t�W•. s2 Wwps"M ftAct. • w"LLOW tame•o. 3 JOINS VANLL 0550 D TOWNSHIP 2 NORTH,RANGE 31N ^` • NOTE: MAP AREA SHOWN ON THIS PANEL IS LOCATED WITHIN TOWNSHIP 1 NORTH,RANGE 3 EAST A• AND TOWNSHIP 1 SOUTH,RANGE 3 EAST AND BYRON,HOLLAND,OR1N000,PALM AND VEALE TRACTS li O F M A N 1 . LAND DEVELOPMENT µ C Q M P A N Y April 26.2004 SCH001 Ms.Vicki Rinehart Superintendent, Knightsen School District P.O. Box 265 Knightsen,CA 94548 Dear Vicki: We received your letter of March 31,2004 to the Community Development Department regarding our proposed amendments to the Discovery Bay West plan. Tom Whalen has met with you several times to explain what we are doing and hoped to reach and amiable resolution with you and your District. Let me first clarify some matters regarding the project and the status of the agreements that apply. . ` You are correctly state there has been an agreement between the owners of the property and Knightsen School District since 1996. • The property has not changed its location or dimensions,we have modified the Warne for clarity reasons and I'm very certain several other names will be used before the project is built out. • No portion of the project lying within your has ever been designated senior housing, but senior housing*would be permitted use. We acknow..ledge that Senior Restricted Housing would change the impacts upon your District,, but under the present County approvals and the 1996 school agreement the property can be developed as either senior housing or conventional housing. • Your letter notes that Village 5 extends into the Byron Union School District.This is correct and we have an agreement with the Byron Union School District that covers the Mitigation of all units constructed within their boundary. No additional Mitigations are required by the developer for units constructed in the Byron District. 1380 GALAXY WAY • P.O. BOX 758 • CONCORD, CA 94522 PHONE- 925/62-430 FaX 9'_'•5/682-4771 iL O F M A N � . LAND DEVELOPMENT C O M P A N Y Ms.Vicki Rinehart Superintendent, Knightsen School District Page 2 of 2 April 26,2004 --� i Your letter requests that no approvals be granted for the application"until Hofmann has a signed Mitigations Agreemerst t.rit16 Cath Knightsen and Byron S&ool Districts".P4 noted above'and as. shown on the attachments we do, in fact have a Mitigation Agreements with both Districts. Our , Mitigation Agreement with Knightsen School District was entered into at your District's request so-mom and remains valid. We respectfully request that you immediately correspond with Contra Costa Community Development Department, withdrawing your objection and acknowledging the validity of the existing agreement. As always,we remain available to discuss the issues with your District at any time. If mutually agreeable alternatives to the standing agreement Sincerely, .......... For David T. Lennon Senior Vice President OOWNMO Cc:AJShaw Tom Whalen Eric Hasseltine 1380 GALAXY WAY P.O. BOX 758 • CONCORD, CA 94522 • PHONE 925/682-4830 • FaX 925/682-4o&%- l � O F M A N 1 . LAND DEVELOPMENT C O M P A N Y 4� �"J 4. April26,2004 scHoOL Ms.Vicki Rinehart Superintendent, Knightsen School District P.O. Box 265 Knightsen,CA 94548 Dear Vicki: We received your letter of March 31, 2004 to the Community Development Department regarding our proposed amendments to the Discovery Bay West plan. Tom Whalen has met with you several times to explain what we are doing and hoped to reach and amiable resolution with you and your District. Let me first clarify some matters regarding the project and the status of the agreements that aPPlY• • You are correctly state there has been an agreement between the owners of the property and Knightsen School District since 1996. • The property has not changed its location or dimensions,we have modified the name for clarity reasons and I'm very certain several other names will be used before the project is built out. • No portion of the project lying within your has ever been designated senior housing, but senior housing would be permitted use..We acknowledge that Senior Restricted Housing would change the impacts upon your District,, but under the present County approvals and the 1996 school agreement the property can be developed as either senior housing or conventional housing. • Your letter notes that Village 5 extends into the Byron Union School District.This is correct and we have an agreement with the Byron Union School District that covers the Mitigation of all units constructed within their boundary. No additional Mitigations are required by the developer for units constructed in the Byron District. 1380 GALAXY WAY • P.O. BOX 758 CONCORD, CA 94522 PHONE 925/682-4830 FAx 925/682-4771 �� 0 F M A N 1 . �i LAND DEVELOPMENT C 0 M P A N Y -- Ms.Vicki Rinehart Superintendent, Knightsen School District Page 2 of 2 April 26,2004 low"% Your letter requests that no approvals be granted for the application"until Hofmann has a signed Mitigati�Agreement morrit. Cath Kr�i�htsen and Pyron School Distri&.s".As.noted above and as shown on the attachments we do, in fact have a Mitigation Agreements with both Districts. Our Mitigation Agreement with Knightsen School District was entered into at your District's request and remains valid. We respectfully request that you immediately correspond with Contra Costa Community Development Department, withdrawing your objection and acknowledging the validity of the +, existing agreement. As always, we remain available to discuss the issues with your District at any time. If mutually agreeable alternatives to the standing agreement Sincerely, For David T. Lennon Senior Vice President Cc"Al Shaw �' Tom Whalen Eric Hasseltine 1380 GALAXY WAY • P.O. BOX 758 • CONCORD, CA 94522 • PHONE 925/682-4830 FAX 925/682-47ow K n qhtsen Schoo[DI'S' trict 1923 Delta Road • P.O.Box 265 Knightren,California 94548 ADMINISTRATION (925) 625-0073 04 OCT 19FTRUSTEESWMA WSKA CECCHINI VICKEY WNENART Fax:(925) 6254766. FRANKLIN� - . DELL SUPERINTENDENT ' AMES FRANK I 06FtOTHYWALTER LIESEL WILLIAMS October 15, 2004 Mr. Will Nelson Community Development Department County Ad0--A---.,&-oniBuilding 651 Pine Street 46 Floor, North ung Martinez, California 94553-0095 Dear Will: In We August, representatives of the Hofmann Company asked me to write a letter to you regarding our agreement. In reviewing that letter and other documents,, I felt there may be some confusion as to the status of our agreement. It is my hope this letter will clarify that status. In 1996, Mrs. Edna Fallman made an agreement with the Knightsen School District for the property on Bixler Rd. This land was eventually purchased by the Ho Company, and is referred to as Discovery Bay West, Village 4. That area is outlined in green on the enclosed map. The agreement with Mrs. Fallman followed the property so that any buyer must honor that agreement. The agreement indicates that the school mitigation fee for any home over 2400 sq. ft. will be$12,943. The Hofmann Company has applied for expansion of the Village IV concept, reconfiguring it and calling it Village V. This is outlined in red on the enclosed map. We do not have an agreement on the expanded portion of Village V. . For several months, representatives of the Hofmann Company have been meeting with Tom Myer of the Byron School District and myself. Currently, the Hofmann Company is challenging the 1996 agreement of full mitigation at $12,943 per 2400 sq. ft. home. Although we have met several times, there has been no change in the agreement. It is important that I be clear that the Hofmann Company can not be issued any permits for building without paying the fee of$12,943 per house in excess of 2400 sq. ft. Sincerely, vl~ '�� Vckey ehart Superintendent cc: Tom Meyer, Byron School District K�h�� David Lennon, The Ho&nann Company .,,.... rr'"�► �„"�" r+r"'r.. 1 �� ..-- ,-� . ,...-. .--� .-� .-� ..- .y14 ,,�� r�r�. �,r i�'°� ��`���+' �� �,,t�. �,-' ,--- ,--- *. L& N } uj Q � 4 40 OwowtjV Ln LA O N , m► a r �r 1 y .1 1 � • M , i F l c . 1 p.' I It so 1 . Gr �cr ,,• • it don t V- -L Co +, _ N .J C5 „�, ►am C*i vilope 6. M c 4 ba lui t17 7► n n� � x T2T'"'� ca • cr. nig X13 � C3,0.. t ,, ..c go CIA oac • !Ci. top.+ 10 3 =a ;000W `. d L 1 1 i .1 WdIP s t x t f www ,�wrww w�► r1�11� +Vrrw K nugFctsen Schoo(District 1923 Delta Road • P.O.Box 265 Knightsen,California 94548 ADMINISTRATION (925) 625-0073 BOARD OF TRUSTEES BARBARA CECCHINI VICKEY RINEHART Fax:(925) 6254Z66r�"�: —J 02 DOROTHY WALTER SUPERINTENDENT FRANKLIN DELL March 3 1, 2004 JAMES FRANKLIESEL WILLIAMS Contra Costa County Community Development Department Attention: Will Nelson 6.51 Pine Street 4" Floor, North Wing • Martinez, Ca. 94553-0095 Sent Via Fax and Mail Re: County File # RZ043141, SD048828, and DP045019 Gentlemen: Unfortunately there was some sort of mail delay regarding our notification of the above actions. We received the Agency Comment Request on March 25, although it had been internally dated March 15. The Byron Union School District, although listed on the distribution, did not receive the notice, and only learned of it on March 29 through me. We have grave concerns regarding the project that is being called Village 5. The Kniguntsen Elementary School District has had an agreement since 1996 on the property that is called Discovery Bay West, Village 4. Now, a large part of the property of Village 4 is being called Village 5, and an additional portion of land in the Knightsen School District has been added that is not covered by the agreement for Village 4. Village 4 was also determined to be "senior housing", but with ttus change, a large portion will definitely be single family homes which impacts the school district, and the tigLomIlL 0 On fee. Village 5 also extends into the Byron Union School District, and again that expansion is not covered by any mitigation agreement. It is not clear how many homes are in each school district's boundaries, but the total number of homes is projected to be 720. The majority of those homes are in the Knightsen School District. Kn qhtsen K�hts 1 Re: County File #RZ043142, SD048828, and DP045019 Continued We respectfullyrequestthat no approvals be granted for the application reauests #RZ043142, #SDE048828, and #DP045019 until the Hofmann Company has a signed mitigation agreementith boththe d Byron School Districts, fully mitigating XILR- ga- g the effects of the additional land to be developed outside of the original-neal 4. As per Condition 77 of the Findings and Conditions for County Files listed above, "a letter from the affected school districts shall be provided to the Co ty Development Department confirming that its school facilities impacts have been mitigated." I wish to be notified in writing of the date. of the public hearing regarding c Weration of these applications. This is a situation of great concern to both the consideration Knightsen and the Byron School Districts, Sincerely, (J. ryc-bo�j A-It Mrs. Vicke Rinehart Superintendent 2 an�wKr-�r�: CALIFORNIA k rI-�� AL..,MEDA MARINSAN MATEO Northwest Infm o �ation Center HISTORICALCOLUSA MENDOCINO SANTACLARA {� CONTRA COSTA MONTEREY SANTA CRUZ Sonoma State University ���•; 1303 Maurice Avenue RESOURCES �� ��, LAKE NAPA SOLANO � SAN BENRO SONOMA Rohnert Park,California 94928-3609 INFORMATION ' SAN FRANCISCO YOLO Tel:707.664.08e0•Fax:707.664.0890 E-mail:nwicOsonoma.edu SYSTEM '-:..:.:.`����� '•j ,:-.'- � ' Nii March 221,2004 File No.:03-CC-75 Will Nelsoi4 Project Plainer Contra Costa County Community Development Department 651 Pine Street Fourth Floor,North Wing Martinez,CA 94553-0095 re:RZ043142/SD048828/DP043019;Bixler Road;Hofman Land Development Dear W.Nelson: Records at this office were reviewed to determine if this project could adversely affect historical resources. The review for possible historic slzuchu�es,however,was limited to references cune�ly in our office.Please note that use of the term historical ceaourcea indudes both arc6aeolorical sites and historic atmcturea. The proposed project area contains or is adjacent to the archaeological site(s) ( ). A shady is recommended prior to commencement of project activities. The proposed project area bas the possibility of containing unrecorded archaeological site(s). A study is recommenAed prior to commencemem of project activities. Study# idecirified one or more historical resources.It is recommended that a qualified archaeologist assess the status of the site and provide project specific recommendations. XX There is a low possibility of archaeological resources. Further study for archaeological reis not recommended. XX Review for possible historic struch�res was limited to the Northwest Information Centers documents and should not be considered comprehensive. Since the Office of Historic Preservation has determined that any building or struchire 45 ` years or older maybe of historic value,if the project area contains such properties it is recommended that they be evaluated by an architectural historian prior to commencement of project activities. The guidelines for the implementation of the California Register of Historical Resources(Cal Register)criteria for evaluation of historical prIs operties have been developed by the State Office of Historic Preservation. For purposes of CEQA,all identified archaeological sites should be evaluated using the Cal Register criteria. We recommend you contact the local Native American tribe(s)regarding traditional,cultural,and religious values. For a complete listing of tribes in the area of your project please contact the Native American Heritage Commission 916-653-4082. Comments: If archaeological resources are encountered during the project,work in the immediate vicinity of the finds should be halted until a qualified archaeologist has evaluated the situation. If you have any questions please give us a call(707)664-0880. Sincerely, Leigh 3ordan Coordinator WOMEN!" AWE I� Pomona 1 i I� ^S OEM-am 00000 OMMMwft Pomona own A l.�0m u pity C � Dennis M. Barry,AICP Community Development Director Development Costa CCEH Department CouniA0� . a,. 1 6 zoos County Administration Building • -' ��; ;_: (? E. � 651 Pine Street 4th Roor,North Wing Martinet,California 94553-0095 Phone. (925)335-1210 Date: AGENCY COMMENT REQUEST Werequest your comments regarding the attached application currently under review. DISTRIBUTION Please submit your comments as follows: Building InspectionIt DEnvironmentalUL ���, Health,Concord Project Planner HSD,Hazardous Materials P/W-Flood Control(Full Size) County File P/W-Engineering Svcs(Full Size) Number: Date Forwardedoe • P/W Traffic.(Reduced) Prior To: 1 %MOO" ` P/W Special Districts(Reduced) Comprehensive Planning We have found the following special programs Redevelopment Agency ap ly to this application: Historical Resources information System CA Native Amer.Her.Comm. Redevelopment Area CA Fish&Game,Region '7ZT `J(US Fish&Wildlife Service lei Active Fault Zone Fire Districtr. ��.�� 00,Sanitary District �.�G�-J� F,� �- Flood Hazard Area,Panel# � Water District `.�;<c�✓��',��n fjo Ci � 60 dBA Noise Control School District Sheriff Office-Admin. &Comm.Svcs. CA EPA Hazardous Waste Site Alamo Improvement Association El Sobr7 to PIg. &Zoning Committee Traffic Zone 1isle-0001 MAC IN& e,�n"7 DOIT-Dep.Director,Communications CEQA Exempt CAC Rm7A Alamo Categorical Exemption Section Community Organizaho .5-t '7 �� � = us�51 Please indicate the code section of recommendations that are required bylaw or ordinance. Please send copies of your response to the Applicant& Owner. _.,)L,*ATo comments on this application. Our Comments are attached ,j• � Comments: ./ S111(&e ' ML Agency S:arrrent planning/templates/forms/agency comment request Date Office Hours Monday - Friday:8:00 a.m.- 5:00 p.m. Office is closed the 1st, 3rd & 5th Fridays of each month Dennis M. Barry,AICP Community Contra Community Development Director Development Costa Department County County Administration Building -• � •.��L•r F 651 Pine Street 4th Floor,North Wing Martinez,California 94553-0095 -• 925a-am I � Date: � Phone: ( )3354210 AGENCY COM2*AENT REQUEST We request your comments regm;ding regardingthe attached app licurrently under review. DISTRIBUTION Please submit your comments as follows: *)CB Inspection Jai,54 — HSD,E nmental Health,Concord Project Planner. H-S-D,Hazardous MaterialsC� P/W-Flood Control(Full Size) County File --. P/W-Engineering Svcs(Full Size} Number: J� oq,3szs-?�G`f50 Date Forwarded P/W Traffic(Reduced) Prior To: ,.._ P/W Special Districts(Reduced) . Comprehensive Planning We have found the following special programs Redevelopment Agency ap ly to this application: Historical Resources information System t CA Native Amer.Her.Comm. .`l : Redevelopment Area CA Irish&Game,Region 7. US Fish&Wildlife Service Active Fault Zone Fire District Sanitary District Ow"al Flood Hazard Area,Panel# �C.Water District .w;c�✓���.��n —' city IJ10� 60 dBA Noise Control School District doldin 14, (A I , Sheriff Office-Admin. &Comm.Svcs. CA EPA Hazardous Waste Site Alamo provement Association El Sob to Pig. & Zoning Committee Traffic Zone MAC DOIT-Dep.Director,Communications CEQA Exempt CAC Rm7A Alamo Categorical Exemption Section Community Organizatio _ ra.? .1 w� l�r14- ..� irl�n � i�l� d'r� � v�� / v� A. 4= -V Please indicate the code section of recommendations that are required by law or ordinance. Please send copies of your response to the Applicant& Owner. -- No comments on this application. Our Comments are attached Poona Comments: 4e..1 1r%"&CZC4'i I V 66. cc.. 7. - ,� s � •.` ignature 4 5 101 ir AfA.,f t:3& e...�,& Ab La0e -7;IC/,j mmmm� � *3/ 31 0+ ,- S:cucrent planningltempfates/forms/�eaicp comment request � Date Office Hours Monday' rid :8:00 a.m.- 5:00 P.M. CommunlatContra Dennis M. BarryAICP Community Development Director Development Costa Department County . County Administration Building Z 7 651 Pine Street •;. . 4th Floor,North Wing �� • Martinez,Califomia 94553-0095 . Phone. (925w)3354210 - Date: AGENCY COMNENT REQUEST We Muest your comments re arding the attached application currently under review. DISTRIBUTION Please submit your comments as follows: B diraff Inspection . . HSA Environmental Health,Concord Project Planner t� �11 HSD,Hazardous Materials P/W-Flood Control(FuIl Size) County File P/W-Engineering Svcs(Full Size) Number: Date Forwarded • P/W Traffic(Reduced) Prior To: �--- P5V Special Districts (Reduced) Comprehensive Planning We have found the following special programs Redevelopment Agency ap ly to this application: �.Historical Resources Information System ` CA Native Amer.Her. Comm. ./l -.Redevelopment Area CA Fish&Game,Region US Fish &Wildlife Service .�Active Fault Zone Fwe District Sa U ry Districtl Flood Hazard Area,Panel# �J Water District � c�� ;�>a City �60 dBA Noise Control School District 14.S (A � �„mm.Svcs. CA EPA.Hazardous Waste Site `.A' •'�l��asi+itfi'E X,f......, Alamo proveme��"-" xsoca 5 . El Sobr to Pig.&?mooning Committee Traffic Zone MAC iree,✓4.- 1 DOLT-Dep.Director, Communications CEQA Exempt CAC Rm7A Alamo Categorical Exemption Section Community Org nizatio-ns . Fa.?ff2A: •`i 40,L jJ rr JS Please indicate the code section of recommendations that are required by law or ordinance. Please send c:2No es of your response to the Applicant& Owner. comments on this application. Our Comments are attached t Comments: ��''�• �SS S' afore Agency 1 D S:curcent ptanning/templates/forms/aecncp comment request Date Office Hours Monday- Friday: 8:00 a.m.- 5:00 p.m. Office is closed the 1st. 3rd & 5th Fridays of each month Community Contra � °°n 's �, D al�,P araw� Wmmun Development CpSta RECEIVED Department CountyLipMkR i 2004 County AdministwIon Building ,5 ��12: �3 _ 651 Pine Street 0� AFR ,.,�; � � FlC wi amid na 4th Floor,Nortfi Wmg v '_ � '�`'r Wamr corse Martinez,Caltbria 94553m009 ' l: .' man metria e: (9=335o,1210Date: 43Phan AGENCY COB04FM REQUEST _ Weryyurest comments r the attached a tion cunenfl ander review. DISTRIBUTI Bum ON Pleasebmyon comments ss toIlows: ir� ecxion � ffiD, Enviromnenful Health,Concord Project Panner �.1,r r �1�1��� KSD,g272raons Uramilds TV!0qr1qzm`_ P/W•Hood Control(FUIL She) county File — P/W• �g sus gnu Sim) Numbex,a Sly G�f ba DateForwaded �� ' P1W Tramc�educe� Prior Two— , � — PM 19P al DIsLUSULU (Redneed) _Compreheasfve plan�og We have fmmd the foIlowing special proxrams geveloPment A..&=cy ap IT toPq%Ucation: _ H"isborical Resources Informfi0on System CA Native Amer.Her. Comm. Itedevelopmmt Area CA Fish"&Came,Region us FU&WddBfle SCI"Vl= �Active Fault Zone "- En DisfridAree Sb s1� � Sit�ry Dis�id � "c• �Flood Hazard Area,Panel# � n �s Water DistriaM= CUT 19_60 dBA Noise Control 6chool Distriet Sheriff Office-Admin.&Comm. Svcs. _CA SPA Haurdova Waste Site — _Alamo Improv- Asso *Bbon Fl SobP190 &zo;gmg Committee �.Traffic Zone 40�� MAC ' C�+�i�'m.� — _DOIT•Dep.Director,COMMUMIrations �CEQA Exempt _CAC Rw7A Alamo Categorical Otion Section com unity Otgaui�ti — i I . S At Pledfca--te the code section of reeommmdatfons that are required bylaw ar ordmsnce. Please sendase m !rNio of poor response to the Applfcaat&Owner.comments an this appTicxtion. `Our Comments are attached Comments• --mow A&�loy- 6:catceat PlanninykmPmlee/[ormehgeaey mnunea[regneat Daft Office Hours Monday- Friday;8:00 a.m.-5:00 p.m. Appendix D Consent Agreement for Mitigation Measures Project Title: Discovery Bay West Amendment: Proposal for Village V Lead Agency Name and Address: Contra Costa County Community Development Dept. 651 Pine Street,OFloor,North Wing Martinez,CA 94553 Contact Person and Phone Number: Mr.Will Nelson, Senior Planner(925) 335-1208 Project Sponsor's Name and Address: Hofmann Land Development Co., Inc. ` 1380 Galaxy Way; P.O. Box 758 Concord,CA 94522 Contact: Mr.Robert Henry,Project Manager Hoffman Land Development Company, Inc., the applicant,hereby agrees to implement the mitigation measures described herein which are recommended for the proposed project based on the assessment of potential environmental impacts in the Initial Study and are incorporated into the preparation of the Mitigated Negative Declaration (pursuant to Section 21157.5 of the Public Resources Code and Article 6 of the State CEQA Guidelines) for the proposed project. The mitigation measures required to reduce the potentially significant impacts of the project to ales-than-significant level are as follows: Aesthetics Mitigation Measure Aesthetics-1: New fencing and landscaping with evergreen trees shall be placed at the perimeter of both the boat storage area and the proposed marina parking area to screen the view of stored boats and parked vehicles from nearby residences. Mitigation Measure Aesthetics-2: All lighting for the marina, boat storage and parking area shall be low mounted, downward casting and shielded, utilizing motion detection systems where applicable and shall not"wash out"onto adjacent properties. Fixtures intended to be lit for long periods of time shall accept low-pressure sodium lamps (or devices with similar properties) and shall not be located at the periphery of the property. Floodlights shall be prohibited. With the proposed new landscaping as identified in Mitigation Measure Aesthetics-1, glare impacts would also be minimized. Biological Resources Mitigation Measure Biology-la: The list of special-status species potentially occurring on the project site shall be updated using current information and databases.The updated list will form the basis for the focused botanical surveys. The following special-status plants are known to occur in the vicinity of the site in the Woodward Island quadrangle: Delta button celery (Eryngium racemosum), Delta mudwort (Limosella subulata), diamond-petaled California poppy DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX D (Eschscholzia rhombipetala), and marsh skullcap(Scutellaria galericulata)(CDFG 2004)and will be included in the list target species for the surveys. Mitigation Measure Biology-lb: Focused surveys of the Village V project area (including marina area, channel to Werner-Dredger Cut, and adjacent areas along the Werner Dredger Cut) shall be conducted for special-status plants. These surveys shall be conducted according to the California Native Plant Society, California Department of Fish and Game (CDFG), and U.S. Fish and Wildlife Service (USFWS) protocols. All special-status plant populations shall be mapped and the mapped populations shall be avoided during construction activities and operation of the facilities, Mitigation Measure Biology-1c: If special-status plants are found in the Village V project area, the mitigation and avoidance measures in the 1994 FEIR shall be implemented. A mitigation plan shall be developed and implemented to avoid these populations during construction and operation of the residential and recreational facilities. If the plants cannot be avoided, then a mitigation plan will be developed to transplant or seed the plants to a mitigation site determined to be suitable by a qualified botanist and CDFG. This mitigation plan shall include a discussion of 1) -- the existing habitat characteristics including plant species composition and hydrology, 2) the habitat characteristics of the mitigation area including plant species composition and hydrology; 3) the performance standards by which success will be evaluated, 4) monitoring procedures, 5) contingency plan, 6)annual report, 7) and rational for expected success.The mitigation plan shall be approved by the appropriate agencies prior to the County issuing a grading permit. A %WW performance bond, letter of credit, or other financial instrument shall be established prior to housing construction to pay for any remedial work that might need to occur, if the prior effort fails. The mitigation area shall be monitored for 5 years after installation with annual monitoring reports submitted to the County Community Development Department. Mitieation Measure Biology-1 d: An exotic vegetation control program shall be developed and implemented to prevent the spread of invasive plants at the site such as pampas grass(Cortaderia spp.), Himalayan blackberry (Rubes discolor), yellow iris (Iris pseudacorus) and yellow star- thistle (Centaurea solstitialis), especially in areas adjacent to special-status plant habitat along Werner Dredger Cut. The expansion of these invasive species caused by ground disturbance could potentially displace sensitive plant communities or special-status plants and their habitats. The plan will be developed prior to development of Village V and will be funded by the applicant or future homeowners association. Mitigation Measure Biology-2: Mosquito control methods shall be chosen that minimize impacts to non-target, native wildlife that inhabit the open spaces on-site. Prior to the County issuing a grading permit, a qualified biologist shall develop a plan for mosquito control. This plan will be developed in conjunction with the local mosquito abatement district (Contra Costa County Mosquito and Vector Control District) to ensure that the district will implement the mosquito, control methods chosen at Village V. Mosquito control will be funded by the Village V homeowner's association. (LTS) -' Mitigation Measure Biology-3: A permanent buffer of at least 50 feet from the top-of-bank shall be *"waft established between all habitat areas along the canals and the Village V development.No staging, parking, construction, or other disturbances shall be allowed in the buffer zones. Buffer zones Zz.� D-2 , DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX D shall be delineated clearly on construction drawings and grading plans and delineated in the field with permanent fencing. This fencing shall remain in place after completion of Village 5 construction to prevent future impacts to the buffer area. This permanent buffer area shall be shown on all drawings and established onsite prior to the County issuing a grading or building permit. (LTS) Mitigation Measure Biology-4a: A protocol-level survey shall be conducted to assess the presence of burrowing owls on the Village V site (Burrowing Owl Survey Protocol and Mitigation Guidelines,The California Burrowing Owl Consortium 1993). Surveys shall be conducted in both the breeding season (April 15-July 15) and non-breeding season (December-January) to assess use of the Village V site by this species. If burrowing owls are present within the area of the Village V project site to be disturbed or are present within the mandatory exclusion zone abutting the area to be disturbed, an upland mitigation area shall be established either on- or offsite for burrowing owls.The mitigation site must be determined to be suitable by a qualified biologist and CDFG. The size of the required mitigation site will be based on the number of burrowing owls observed on the Village V site with a minimum of 6.5 acres preserved per pair of owls or single owl observed using the site. The number of owls for which mitigation is required shall be based on the combined results of the protocol-level survey and the preconstruction surveys (i.e., if two pairs of owls are observed on the Village V site during the protocol-level survey, the mitigation requirement shall be 2 x 6.5 = 13 acres provided that no more than two pairs of owls are observed during the preconstruction survey; if three pairs of owls are observed during the preconstruction survey, then the mitigation requirement shall be 3 x 6.5 = 19.5 acres). Alternatively, the project applicant may purchase credits equal to 6.5 acres(credits)per pair of owls or single owl observed in the Village V area at an approved mitigation bank. Mitigation Measure Biology-4b: Preconstruction surveys of the Village V site shall be conducted no more than 30 days prior to ground disturbing activities. If more than 30 days lapse between the time of the preconstruction survey and the start of ground-disturbing activities, another preconstruction survey must be completed. This process shall be repeated until the habitat is converted to non-habitat (e.g., developed for residential and recreational uses). Mitigation Measure 4c: If burrowing owls must be relocated from the Village V project site,owls will be banded prior to passive relocation activities. A maximum of 5 days effort will be expended to attempt to trap and band the owls for identification prior to relocation.Trapping and banding will be conducted by a qualified biologist with a valid banding permit. After completing passive • relocation in accordance with CDFG's guidelines,the project site and vicinity will be monitored by a qualified biologist daily for one week and once per week for an additional two weeks to document where the dislocated owls move.A report detailing the results of the monitoring will be submitted to the County within one month of the relocation.All passive relocation activities must be completed to the satisfaction of CDFG and Contra Costa County before a grading pe,n it will be issued. r Mitigation Measure Biology-4d: The upland mitigation site designated for burrowing owls shall be preserved in perpetuity as wildlife habitat with a perpetual conservation easement held by the California Department of Fish and Game (CDFG) or another qualified land trust that meets 4 California Code Section 815 et. seq.. Any other entity designated to become the Grantee of the Conservation Easement shall be approved by the County. A detailed mitigation and monitoring DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX plan shall be developed for the burrowing owl mitigation area pursuant to CDFG guidelines and _1 shall be incorporated as an exhibit into the Conservation Easement deed, Mitigation Measure 4e - Prior to issuance of a grading permit for each area to be disturbed (residential, manna, etc.), the project applicant shall provide Contra Costa County with an executed agreement between the applicant and a conservation organization legally qualified under California Code Section 815 et. seq. ► Alternatively, if the applicant cannot obtain such an agreement prior to issuance. of grading m,p uts, then the applicant may enter into an agreement with CDFG pursuant to Fish and Game Code Section 1802 that will ensure that burrowing owl mitigation lands will be protected in perpetuity in an amount commensurate with the impacts to burrowing owls resulting from the i ne executed agreement between the applicant and CDFG shall include a Letterproject. of Credit in favor of CDFG in the amount of$20,000 per acre (for acquisition of mitigation property), plus -' $1,500 per acre for management endowment,and$3,000 for CDFG administrative fees, The total fee shall be based upon a 6.5-acre mitigation compensation requirement for each burrowing owl or mated pair of burrowing owls. The Letter of Credit shall indicate that it be surrendered to ._ CDFG in the event a conservation easement deed is not recorded over the mitigation property within one year of the County's issuance of grading permit. Mitigation Measure Biology-5: If grading or excavation is scheduled during the nesting season (i.e., April I through August 31), a survey to search for shrike nests shall be conducted no more than 14 days prior to the scheduled ground disturbing or vegetation removing activity. This survey shall be conducted by a qualified ornithologist. If a shrike nest(s) is discovered, a 100-foot �" exclusion zone shall be established and fenced around each nest (if the nests are located in different trees or shrubs)until the young have fledged and left the nest vicinity.No land clearing, grading, or other disturbance shall occur within this 100-foot buffer zone until the shrikes have completed nesting. The 181.1-acre open space area on the site shall be preserved in perpetuity through a conservation easement to mitigate for the loss of habitat for this species. Contra Costa County shall not issue a grading permit until the nesting survey is completed and all nesting buffer zones, if necessary, are established. (LTS) Mitigation Measure Biology-6: In order to avoid impacting this species, a preconstruction survey own-" shall be conducted on the Village V project site no more than 30 days prior to any grading activity or other ground disturbance. These surveys s shall be repeated at 30 day intervals if the y habitat has not been converted within the previous 30 days. If potential dens or burrows are located, they shall be monitored and excavated according to the standard San Joaquin kit fox AWMM@Mk protection measures prior to ground disturbance(USFWS Standardized Recommendations for the Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance, June-1999). A rt preconstruction survey reposhall be prepared and submitted to the County Community �' Development Department prior to issuance of a grading permit.This report shall detail the survey methodology, names and qualifications of the biologists that conducted the surveys, and the survey findings. If a kit fox is observed, the USFWS and CDFG shall be contacted immediately for guidance on how to proceed and appropriate mitigation developed for potential impacts to this species. Contra Costa County shall not issue a grading or building permit until the above mitigation measure is implemented. (LTS) PON"& D-4 mom DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX D Mitigation Measure Biology-7a: Impacted wetlands shall be replaced at a minimum ratio of 2:1 (two acres replaced for each acre impacted). This ratio meets the basic requirements of the U.S.army Corps of Engineers (1:1) and the typical mitigation requirements of the Regional Water Quality Control Board (2:1) which also has jurisdiction over these area as "waters of the State" and through the Section 40l certification requirement.A wetland mitigation replacement plan shall be developed and shall include, at minimum, a discussion of 1) the existing wetland's plant species composition and hydrology and the proposed plant species composition and hydrology of the mitigation wetland; 2) the performance standards by which success will be evaluated, 3) monitoring procedures, 4) contingency plan, 5) annual report, 6) and rationale for expected success. The mitigation plan shall be approved by the appropriate agencies (the Corps and Regional Water Quality Control Board) prior to issuance of a grading permit. A performance bond,letter of credit,or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails.The mitigation wetland(s) shall be monitored for 5 years after installation, with annual, reports submitted to the County Community Development Department.Appropriate federal and/or state permits shall be obtained for fill of the wetlands prior to such activity. Mitigation Measure Biology-7b: Avoidance measures described in the 1994 FOR for potential impacts to jurisdictional areas shall be applied to the new project activities by establishing a buffer of at least 25 feet around all jurisdictional features and keeping all grading, staging, and vehicle traffic outside the buffer area. A construction fence shall be established around all jurisdictional features at the edge of the 25-foot buffer to delineate the buffer zone and wetland area and to prevent entry into the buffer. The designated buffer zones shall be shown on all grading and construction plans. The project shall also implement Best Management Practices (BMP) for construction work in or adjacent to wetlands and shall include measures to prevent the spread of invasive plants. These measures shall include fencing these vegetation communities as Environmentally Sensitive Areas to exclude personal and heavy equipment and shall include a buffer zone. Authorized construction work in wetlands shall be conducted during the dry season to prevent potential erosion and water quality impacts. Mitigation Measure Biology-7c: Appropriate federal and/or state permits shall be obtained for work in the Werner Dredger Cut and jurisdictional wetlands during construction of the marina and channel.Best management practices shall be employed to minimize impacts to this habitat during construction. Mitigation Measure Biology-8: The existing habitat map for the project site shall be updated to clearly show the current extent of habitats on-site. The long period of time since the original habitat maps were produced requires that these maps be updated prior to issuance of grading permits to ensure that no sensitive habitats are impacted by the proposed project. If sensitive habitats are identified on the Village V site, these habitats shall be avoided. Sensitive habitats to be avoided will be shown on construction drawings and pians and delineated in the field by fencing. If avoidance is not possible, sensitive habitats shall be mitigated at a Z:1 ratio (preserving or creating two acres of habitat for each acre impacted). A mitigation replacement plan shall be developed and implemented. The mitigation plan shall be approved by the appropriate agencies prior to approval of the grading plan. A performance bond, letter of credit, or other financial instrument shall be established to guarantee the mitigation and any remedial work that might need to occur if the prior effort fails. The mitigation area shall be monitored for 5 years. (LTS) DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX D Mitigarion Measure Biology-9: The project proponent shall enter into informal consultation with National Oceanic and Atmospheric Administration(NOAA)Fisheries and California Department of Fish and Game regarding the proposed project. The marina in Village V shall be designed _t following the guidance provided in the National Management Measures to Control Nonpoint Source Pollution from Marinas and Recreational Boating(EPA 841-B-01-005).The County shall review the marina plans for consistency with the guidance and require changes as necessary to achieve consistency prior to final approval of the marina design. The County will request comments from CDFG on the marina plan and design and incorporate these comments as determined appropriate by the County. (LTS) �� Mitigation Measure Biology-10. Surveys for nesting raptors and passerines(e.g.,perching birds) shall be conducted prior to the *initiation of earth-moving/construction activities conducted during the �� nesting season(February 1-August 3 Surveys shall be conducted no more than 30 days prior to the initiation of ground disturbance, tree removal/pruning, or construction activities, and shall be repeated at intervals of no more than 30 days throughout the breeding season(February. 1-August 31) if the site has not been converted to non-habitat in the prior 30 days. If a nest is found, an �' exclusion zQne with a radius of 200 feet (from the dripline of the nest tree) shall be established around the nest tree for raptor species and 100 feet for passerines. The nest shall be monitored on a weekly basis by a qualified biologist to ensure that the construction activities do not result in nest abandonment. If the biologist observes agitated behavior in the adults,.he/she shall instruct all nearby grading/construction activities to cease until the exclusion zone is increased to a suitable distance, as determined by the biologist in the field, to protect the nesting attempt. The exclusion zone shall stay in place until the young have fledged from the nest(s) and are foraging independently. At that time,the exclusion zone may be removed.A report detailing the results of the preconstruction surveys shall be submitted to the Community Development Department prior to issuance of a grading permit. A report of nest monitoring shall also be provided to the County -' at the completion of nesting,with a copy being sent to CDFG. (LTS) Mitigation Measure Bioloev-11: A tree survey shall be conducted to identify all trees to be impacted either directly or indirectly by the proposed project..Trees to be removed or severely pruned will be clearly shown on construction drawings and marked with paint, or tree tags in the field. The project applicant shall receive a permit for removal or damage of trees covered by the ordinance. .._ Replacement trees shall be California species native to the Discovery Bay/Eastern Contra Costa County area. Replacement ratios as stipulated in the Tree Protection and Preservation Ordinance shall then be applied to impacted trees. Replacement trees shall be planted within the Village IIUIV/V area. (LTS) Geology and Soils .......... Mitigation Measure Geology-1: When specific grading plans for Village V are developed, the potential for encountering loose, clean sand layers shall be determined. Over-excavation and replacement with cohesive soils shall be completed to Minimize liquefaction hazards, -- " Hazards Mitigation Measure Hazards-la: Prior to the issuance of a grading permit, the applicant shall complete a detailed survey that identifies the exact location of the 75-foot pipeline easement.The mamma D-6 DISCOVERY BAY WEST VILLAGE V INITIAL STUDY APPENDIX D boundaries of the easement area shall be clearly marked during construction activities to ensure . that construction personnel know when they are working within or close to the easement so that they may use proper precautions. Mitigation Measure Hazards-lb: To alert potential buyers to the existence of the pipelines and associated hazards, a deed notification shall be filed for every residential parcel within 50 feet of the pipeline easement. The notification shall clearly indicate that the pipelines have explosive potential and that an accident involving any of the pipelines could cause extensive damage to private property as well as serious personal injury or death. Mitigation Measure Hazards-2: Prior to issuance of grading permits or filing of final maps for any portion of Village V, evidence of material testing along the pipeline easement shall be submitted to Contra Costa County for review and approval. If contaminated soils are discovered, the site shall be decontaminated to the satisfaction of the Contra Costa County Health Services Department—Hazardous Materials Division or to issuance of grading permits or filing of final maps. Applicant's Signature a n Senior Vice President Hofinann Land Development Co.,Inc. Date: �� .ter gid►' f##O � Pil- i i ..tet r+ AMMENIVA OO' 1i1�1