Loading...
HomeMy WebLinkAboutMINUTES - 07262005 - D7 TO: BOARD OF SUPERVISORS ' • _ Contra FROM: DENNIS M. BARRY, AICP Costa ti COMMUNITY DEVELOPMENT DIRECTOR . .- _ County CO DATE: JULY 262 2005 SUBJECT: HEARING ON A GENERAL PLAN AMENDMENT, A REZONING FROM PLANNED UNIT DISTRICT (P-1) TO A REVISED PLANNED UNIT DISTRICT AND AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR THE DISCOVERY BAY WEST PROJECT. THE SITE ENCOMPASSES APPROXIMATELY 152 ACRES WITHIN DISCOVERY BAY WEST AND IS LOCATED APPROXIMATELY 1,000 FEET EAST OF THE INTERSECTION OF BIXLER ROAD AND BALFOUR ROAD IN THE DISCOVERY BAY AREA. HOFMANN LAND DEVELOPMENT COMPANY (APPLICANT & OWNER), COUNTY FILES #GP030007, RZ043142 AND DP043019. (DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS 1. OPEN the pubic hearing and take testimony on the Discovery Bay West Village V project. g p 2. CLOSE the public hearing. 3. FIND the Mitigated Negative Declaration prepared for this project to be adequate for the purposes of compliance with the California Environmental Quality Act, and ADOPT the Mitigated Negative Declaration and the Mitigation Monitoring Program. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER)( VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND `UNANIMOUS(ABSENT J-4-4- CORRECT COPY OF AN ACTION TAKEN AND ENTERED AYES: NOES: ON THE MINUTES OF THE BOARD OF SUPERVISORS ABSENT: ABSTAIN ON THE DATE SHOWN Contact:Will Nelson (925)335-1208 ATTESTED JOHN SWEETEN, C RK OF THE BOARD OF Orig: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR cc: Hofmann Land Development Company(Applicant&Owner) County Administrator's Office Clerk of the Board County Counsel BY ,DEPUTY Public Works Department Town of Discovery Bay Community Service District File July 26, 2005 Board of Supervisors File#GP030007, RZ043142 and DP043019 Page 2 4. ACCEPT the recommendation of the East County Regional Planning Commission (ECRPC), as contained in its Resolution No. 14-2005, which is attached as Exhibit#2 of this Board Order. 5. ADOPT the Discovery Bay West Village V General Plan Amendment (County File #GP030007), including the change to the Land Use Element Map and clarifying text amendment for policies related to Discovery Bay West, as recommended in the ECRPC Resolution No. 14-2005, and include the adoption of the General Plan Amendment as the 2"d Consolidated General Plan Amendment for 2005. 6. ADOPT the Rezoning (County File #RZ043042) of the subject site from P-1 Planned Unit District to a revised P-1 Planned Unit District, as recommended in the ECRPC Resolution No. 14-2005 and APPROVE the Final Development Plan Amendment (County File#DP043019). 7. ADOPT Ordinance No. 2005-20 giving effect to the aforementioned Rezoning. 8. ADOPT the findings as contained in proposed Board Resolution No. 2005/369 as the basis for the Board's action, which is attached as Exhibit#1 to this Board Order. 9. DIRECT the Community Development Department to post the Notice of Determination with the County Clerk. II. FISCAL IMPACT None. The applicant is responsible for application processing costs. III. PROPOSED PROJECT The applicant requests approval of: (1) an amendment to the General Plan Land Use Map to redesignate 152 acres from Single-Family Residential Medium-Density (SM) and Delta Recreation & Resources (DR) to Single-Family Residential High-Density (SH), Open Space (OS), and Parks and Recreation (PR); (2) a Rezoning from Planned Unit District (P-1) to a revised P-1; and (3) a Final Development Plan Amendment that provides for 432 single-family residential lots, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120-slip marina and 7 acres of boat storage and marina parking. The major subdivision application that is linked to these applications was approved by the East County Regional Planning Commission on June 13, 2005. The project also includes amendments to the text of the General Plan for the purpose of updating and clarifying policies related to Discovery Bay West. The site encompasses approximately 152 acres within Discovery Bay West and is located approximately 1,000 feet east of the intersection of Bixler Road and Balfour Road in the Discovery Bay Area. IV. BACKROUND & REASON FOR RECOMMENDING APPROVAL The 1995 approval for Discovery Bay West authorized development of up to 2,000 residential units in four phases commonly referred to as "villages." One of the project's conditions of approval required the applicant to dedicate the development rights to 200 acres located immediately east of Villages III and IV to the County for the dual purpose of maintaining the General Plan's 65/35 Land Preservation Standard and for protecting a large area that had been identified as U.S. Army Corps of Engineers (USACOE)jurisdictional wetlands. In 2001 the applicant hired a biological consultant to update the survey of jurisdictional wetlands within the Discovery Bay West project area. The consultant prepared a revised wetlands delineation map that identified a total of 127.79 acres of wetlands where approximately 227 acres had been identified in the 1990s. The USACOE reviewed the revised delineation map and concurred with the consultant's findings, which resulted in approximately 99 acres being removed from USACOE jurisdiction. July 26, 2005 Board of Supervisors File#GP030007, RZ043142 and DP043019 Page 3 BACKROUND & REASON FOR RECOMMENDING APPROVAL—CONTINUED Discovery Bay West has been developed at a density of approximately five dwelling units/net acre, which is consistent with the overall density range of 3.0-7.2 units/net acre that was approved for the p project. However, because development is occurring at the low end of the density range, all of the land that was originally approved for residential development will be used up before approximately 250 (12.5%) of the 2,000 units can be constructed. The applicant proposes to revise the original land use plan for the eastern half of Village IV and add to it approximately 26 acres that were designated as wetlands in the 1990s but no longer exhibit wetland characteristics. The proposed plan would make possible construction of 1,999 of the planned 2,000 units. Since the development rights to the 26 acres were dedicated to the County, the applicant must provide adequate compensation if the County is to relinquish the development rights and allow the area to be used for residential development (the remaining 174 acres included in the grant deed of development rights would continue to be protected). Being aware that such compensation would be necessary, the applicant purchased 71.6 acres at the northwest corner of the Bixier Road/Point of Timber Road intersection to use in some fashion to fulfill the compensation requirement. The 71.6 acres are located outside of the Urban Limit Line, within the Agricultural Core (AC) and are zoned A-40 Exclusive Agricultural District. A representative of the Town of Discovery Bay Community Services District (the "CSD") has indicated their interest in potentially developing these 71.6 acres for use as a community center that might include ball fields, tennis courts and a swimming pool. The East County Regional Planning Commission opened a public hearing to consider the applicant's proposal on May 23, 2005 and continued the hearing to June 13, 2005. The major issue raised at these hearings was the potential for developing the 71.6 acres as a communitycenter. Several other i issues arose, including potential impacts to the Knightsen Elementary and Byron Union school districts, but all were resolved through relatively minor modifications to the conditions of approval. The Commission received public testimony from the applicant and representatives of the CSD and the Knightsen Elementary School District. The possibility of developing a community center was discussed at length during the public hearings 9 and in the staff reports for those hearings, which are attached to this Board Order. Such a proposal conflicts with the site's current General Plan land use designation and zoning designation as well as certain provisions of Measure C-1990. After taking testimony from the applicant and a representative of the CSD the Commission resolved the issue by recommending that the Board approve Condition of Approval #20, which prohibits development of the 71.6 acres until 2013 in order to allow the CSD time to pursue the community center option. If obstacles to constructing the community center cannot be overcome by 2013, then the land would be preserved exclusively for agricultural uses through a grant deed of development rights in favor of the County. Both the applicant and the CSD have indicated their satisfaction with the final wording of Condition of Approval #20. After evaluating the project in its entirety, including all public testimony and-evidence in the record, the Commission voted unanimously (4-0) to approve the subdivision portion of the project and to recommend that the Board approve the General Plan Amendment, Rezoning and Final Development Plan Amendment portions of the project. Staff recommends that the Board approve the project per the recommendation of the Commission. D.7 07-26-05 ADDENDUM The Board of Supervisors held a hearing on a General Plan Amendment to rezone from Planned Unit District(P-1)to a revised Planned Unit District and amend the Final Development Plan for the 152-acre Discovery Bay West project site located approximately 1,000 feet east of the intersection of Bixler Road and Balfour Road, Discovery Bay area. (Ho Land Development Company-Applicant&Owner) Catherine Kutsuris, Community Development presented the staff report. She noted that one issue of concern involved the increase in boating activity on Discovery Bay,and the need for marine patrol services, should the developer exercise the option to construct a marina and/or a boat launch facility. The proposal presented today has been modified from the original development design to allow all 2000 homes to utilize the facility,a marina membership plan with 350 possible memberships available, wherein each membership holder would contribute a fee, so that those creating the need for the additional marine patrol services would be funding those services. Staff requested that the fourth item under Condition of Approval 447 be revised to include: "The applicant has agreed that, as part of the Final Development Plan submittal and approval for a marina and/or a boat launch facility, a mechanism shall be created to collect an annual fee from each marina membership to supplement shared marine patrol operations. The amount of the fee should be 50%of the annual fee collected for each residential parcel in Police Service District P-6,zone 503 and shall be collected and deposited in a special fund for marine patrol purposes." Ms. Kutsuris explained that the efficiency of tying the fee to the Police Services District Zone, noting it would be increased at an incremental rate over time and that the 50%rate is equal to $100 per year for each membership at this time, which would provide a maximum of$35,000 to the fund for increased marine patrol services, an amount the Undersheriff believes could provide the supplemental services. Ms. Kutsuris emphasized that this fee would be implemented should the development construct a marina and/or boat launch facility, which is not mandatory in this project. The area could also be used for recreational vehicle and dry boat storage. Staff requested a modification of the introductory phrase of Condition of Approval#47 where it states "Prior to issuance of building permits for development of a marina" to read "Prior to issuance of building permits for development of a marina and/or dry storage for boats or recreational vehicles"to clarify that all three are allowed. In regard to the property of the west side of Bixler Road,Ms. Kutsuris said that staff believes that the desire expressed to build a community center at that location would require both a General Plan Amendment, a zoning change, and a land use permit. Condition of Approval#20 outlines necessary conditions to be met to enable the center to be constructed at that location, and a limitation that until January of 2013,the County would not approve any building or structure which would conflict with the ultimate use of that property as a community center. Supervisor Piepho asked about the 2013 date in Condition of Approval#20. She noted a desire to further that date one to two years to provide more assurance for the building of the community center. Having heard the staff report,the Chair invited the public to comment. The following persons presented testimony: David Lennon,Hoffman Land Development Company; William Reddick,owner/operator of nearby storage facility, Discovery Bay. As a representative for Hoffman Land Development Company, Mr. Lennon assured the Board that there was no objection to a one/two year extension of the date reference in Condition of Approval, to aid the opportunity for the potential community center. Having heard from those desiring to speak,the Chair closed the public hearing and returned the matter to the Board. LIST OF EXHIBITS July 26, 2005 Discovery Bay West Village V General Plan Amendment #GP030007 Rezoning #RZ043142 Final Development Plan Amendment #DP043019 Exhibit #1 Proposed Board Resolution #2005/369 Exhibit #2 East County Regional Planning Commission Resolution #14-2005 Exhibit #3 Findings Map and Rezoning Ordinance #2005-20 Exhibit #4 Conditions of Approval and Mitigation Monitoring Program Exhibit #5 Staff Reports to East County Regional Planning Commission dated May 23, 2005 and June 13, 2005 Exhibit #6 California Environmental Quality Act (CEQA) Determination Exhibit #7 Pertinent Correspondence Exhibit #8 Reduced Scale Maps Exhibit #9 Notification List Exhibit # I Board Resolution #2005/369 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday,July 26,2005, by the following vote: AYES: Supervisors Gioia,Piepho,DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2_005/369 SUBJECT: DISCOVERY BAY WEST VILLAGE V ) APPLICATION FOR A GENERAL PLAN AMENDMENT (COUNTY ) FILE#G P030007). A. REZONING FROM P-1 PLANNED UNIT ) DISTRICT TO A REVISED P-1. PLANNED UNIT DISTRICT } (COUNTY FILE #RZ043142)AND A FINAL DEVELOPMENT ) PLAN AMENDMENT (COUNTY FILE#DP043019) DISCOVERY BAY AREA., DISTRICT III � WHEREAS, Hofmann Land. Development Company (Applicant & Owner) proposed. development of 152± acres in the unincorporated Discovery Bay area of Contra Costa County comprised of three parcels with.Assessor's Parcel Numbers 011-241-006, 011-241-007 and 01.1- 241-008 (together the "Subject Properties"), which. entails the construction of 432 single-family residential lots, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120- slip marina, 7 acres of boat storage and parking for the marina and associated infrastructure (the "P.rc j ect"), for which an application. was received by the Community Development Department on March.2, 2004; and WHEREAS the Subject Properties are part of an area of 1,089± acres generally known as Discovery Bay West, which.was the sut?ject of. a General. Plan.Amendment and related actions approved by the County Board. of. Supervisors in 1995 (the ``Discovery Bay West Approvals'R) that in part changed the General Plan land use designations for the Subject Properties from Agricultural Lands to a combination of Single-Family Residential Medium-Density, Parks and Recreation and Delta Recreation.and Resources; and WHEREAS, before approving the Discovery Bay West Approvals, the Board of Supervisors certified an environmental impact report covering the development authorized by the Discovery 'Bay West Approvals (the "DiscoveryBay West :Final Environmental Impact Deport") and adopted related findings; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a report dated February 2005 titled "Discovery Bay west Village V Initial Study and Mitigated Negative Declaration" (the ``Initial. Study") was prepared to determine whether an environmental impact report should.be prepared for the Project; and. WHEREAS,, the Initial Study identified potentially significant impacts related to aesthetics, hazards, biological resources and geology and soils, and the Initial. Study recommended mitigation measures which would reduce each identified impact to a. less than significant level; and WHEREAS, on February 25, 2005 the County- published a Notice of Public Review and Intent to Adopt a Proposed. Mitigated Negative Declaration, which Notice recited. the foregoing facts, indicated that the Applicant had agreed to accept each mitigation measure recommended by the Initial Study, started a period for public comments on adequacy of the environmental. documents related to the Project that ran to March 28, 2005; and WHEREAS, after notice having been lawfully given, a public hearing yeas scheduled before the East. County Regional Planning Commission on. Monday, May 23, 2005, which. was subsequently continued to June 13, 2005 to allow for clarification of the public notice and re- notification and for revisions to certain proposed conditions of approval, vN71iereat all persons interested therein might appear and be heard; and WHEREAS, on Monday, June 13, 2005, the East County Regional Planning Commission fully reviewed', considered and evaluated all the testimony and evidence submitted in this matter, and forwarded a recommendation to the Board of Supervisors to approve the project as contained in.its Resolution No. 14-2005: and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the Board of. Supervisors on. Tuesday, July 26, 2005 whereat all.persons interested therein might appear and be heard.; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors (",this Board") takes the following actions: 1. In accordance with the California. Environmental Quality Act, the State CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.), and the County's own CEQA Guidelines (together, "CEQA''), this Board FINDS that the proposed Mitigated Negative Declaration ("MND") is adequate for the purposes of compliance with CEQA. and ADOPTS the MND for the Project. In support of these actions and conclusions, this Board ADOPTS the CEQA Findings. This Board adopts these findings specifically for each of the Approvals and Entitlements it approves for the Project. This Board CERTIFIES that it has been presented with the Initial Study and that it has reviewed and considered the infOrmati0n contained in the Initial Study and the other information in the record. prior to snaking the following certifications and findings. This Board further CERTIFIES that the Initial Study reflects the lead agency's independent Board Resolution No. 2005/369 Page 2 judgment and analysis, and that the Initial Study has been completed in compliance with the CEQA Regulations. 2. ADOPTS the proposed General Plan Amendment(County File#GP03 0007) changing the General Plan land use designations for the Subject Properties from a combination of Single-Family Residential Medium-Density (SM), Parrs & Recreation (PR) and Delta Recreation & Resources (DR) to a combination of Single-Family Residential l-li.gh.- Density (SH), PR and DR and this Board ADOPTS the findings contained herein supporting this action. As part of implementing the change in land -use designations, this Board. also AMENDS the General Plan text regarding policies for the Discovery Bay West area and INCLUDES this General. Plan Amendment adoption as the ?nd Consolidated General Pian Amendment of 2005. 3. ADOPTS the proposed Rezoning (County File #RZ043142) changing the zoning designation of the Subject Properties from. Planned Unit 'Distri.ct (P-1) to a revised Planned Unit District and this Board ADOPTS the findings contained herein supporting this action. 4. APPROVES the proposed Final. Development Plan. Amendment (County File #DP043 019) subject to the conditions of approval as recommended. by the East County Regional Planning Commission and subject t0 the mitigation measures contained in the Mitigated Negative Declaration for this project and the Board ADOPTS the findings contained herein supporting this action. BE IT FURTHER RESOLVED that the reasons for these recommendations are as follows: FINDINGS I. Growth Management Element Performance Standards A. Traffic: In 1992, a traffic study was conducted for the Discovery Bay west General Plan Amendment (DBWGPA) that included the Subject Properties. The Amendment assumed 2,135 units at build out of the study area. The Applicant has entitlements for. 2,000 units and is in the process of developing those units. The specific mitigations listed in the DBWGPA Final Environmental Impact Report (FEIR) have either been constructed or are planned. The applicant's traffic consultant (Fehr & Peers) submitted a memo indicating that there would be no net change in the number of homes within Discovery~ Bay west with the development of the Village V (Fehr and Peers, 2004). Therefore, the overall project trip generation would remain the same as was analyzed. in the FEIR. B. Water: The Project's water demand was evaluated by the 1.994 DBWGPA FEIR. Compliance with the environmental mitigation measures adopted as part of the original approval resulted in the construction of water treatment and storage facilities with sufficient capacity to serve the entire Discovery- Bay west project including Village V. Board Resolution No. 2005/369 Page 3 C. Sanitary Sewer: The Project's wastewater demand was evaluated by the 1994 DBWGPA FEIR. Compliance with the environmental mitigation measures adopted as part of the original Discovery Bay west approval. resulted in the construction of sewage treatment facilities with sufficient capacity to serve the entire Discovery Bay west project including village V. D. Fire Protection: The Project impact to fire protection. services was evaluated by the DBWGPA FEIR. The Project site is within the service area of the East Contra. Costa. Fire Protection District. Compliance with the environmental mitigation measures adopted as part of the original Discovery Bay West approval resulted in. the construction and equipping of a new fire station located on Bixler Road approximately 0.9 miles from the project site. E. :Public Protection: The Project's impacts to public protection were evaluated by the 1994 DBWGPA FEIR. The entire project area is already included in a tax district that provides funding for augmented police services. The project is also part of a State program to aid in.funding marine patrols. F. Parks and Recreation: This Project's parks and recreation needs were evaluated by the 1994 DBWGPA FEIR. The General Plan states that Discovery Bay West must"provide a minimum of. 120 acres of open form.s of land use within the project, including but not limited to, lakes, park, utility easement, Fallman Canal., wetland, pocket parks, landscape areas, and trails." with the development of village v, approximately 3 IN acres would be provided. G. Flood Control and. Drainage: The Project's drainage and flooding impacts were evaluated by the 1994 DBWGPA FEIR. Compliance with the environmental mitigation measures adopted as part of the original Discovery Bay `]Hest approval and with Title 9 of the County Ordinance Code ensures that the project is designed with adequate drainage and flood protection infrastructure. II. Findings to Adopt a Rezoning A. Required Finding: The change proposed will substantially comply with. the General Plan, as amended. Project Finding: The applicant is requesting approval of an amendment to the General Plan to redesignate approximately.26 acres from Delta.Recreation & Resources (DR) to Single-Family Residential High-Density (SH), redesignate approximately 70 acres from Single-Family Residential Medium-Density (SM) to SH, redesignate approximately 3 acres from SM:to Parks & Recreation (PR),, redesignate approximately 2 acres from PR to SH and reduce the acreage required for dedication of development rights by approximately 26 acres (from 200 to 174 acres). Board Resolution No. 2005/369 Page 4 The requested General Plan amendment would not cause the General Plan to become internally inconsistent. The General Plan contains a series of objectives, polices and goals, and with the requested General Plan amendment, the proposed project will substantially conform to the General Plan, as amended. The entire Village V area will. have a density of 6.0 units per net acre, which is consistent with the General Plan land use designation of SH. The General Plan contains specific land use policies relating to Discovery Bay west. One such policy allows Discovery Bay West to develop a maximum of 2,000 units. With the development of the proposed project, the area will contain 1,999 units. An. additional specific policy requires the provision of open space to ensure compliance with the County's 65/3 5 Land Preservation Standard. For this purpose,the General Plan requires 200 acres to be dedicated as open space and the provision of 120 acres of open space forms of land. Through. the requested General Plan amendment, the dedicated open space area over which the County holds development right will be reduced from 200 acres to approximately 174 acres. This change is being requested because it has been determined that the 200-acre area is not entirely compsi.sed of wetlands. In 2001 the applicant commissioned a new wetlands delineation, which showed fewer acres of wetlands. The reduced acreage was confirmed by the U.S. Army- Corps of Engineers. The applicant is proposing to extend development into a portion (approximately 26 acres) of the 200-acre area preserved as open space. The area proposed for development does not contain wetlands. With respect to the 120 acres of open space forms of land required within Discovery Bay west, Villages 14V include 1.24 acres of open space forms of land. Village V, which is part of the proposed project, would add an additional 29 acres of open. space forms of land(for a total of 153 acres). Discovery Bay west (whish. includes the proposed project) would continue to meet the requirements of the County's 65/35 Land Preservation Standard with. the dedication of 174 acres of open space and 153 acres of open forms of land.. The conversion of approximately 26 acres of DR land to SH would not violate the 65/35 standard. Another specific policy requires that development in this area provide functional integration between the water element, parks, and recreational facilities with the residential component of the project. The proposed project includes a marina, lakes and parks and. other recreational amenities in addition to residential units. Consistent with. the General Plan., the proposed project includes a mix of housing types. Additional specific policies in the General Plan require consideration of alternative water systems for domestic water and require ground water. monitoring. A water plan was prepared. consistent with. the 1.995 Approvals and additional studies on. the proposed project concluded. that the existing water system is capable of meeting the demand associated with the proposed project. (For additional discussion on this issue, Board Resolution No. 2005/369 Page 5 refer to the Mitigated Negative Declaration at page 87.) The proposed project will continue to monitor groundwater. Another specific policy requires the project proponents to :meet with representatives of the Byron Union and Kingston Elementary School Districts to resolve any issues relating to school boundaries. The project applicant has met and is expected to continue meeting with these representatives. As required. in the 1995 Approvals and as shown on the development plan for the proposed project, all specific transportation polices have been complied with and/or will be followed (Le., emergency access, adequate access and internal circulation system). The conditions of approval also contain specific transportation requirements (i.e., payment of fees,participation in the flexible mitigation measure program, specific road design requirements). All these requirements and conditions will ensure that the proposed project will remain consistent with the General.Plan. The General Plan contains numerous other policies, goals and objectives that apply to the entire County and thus, generally apply to the proposed project. The proposed project is consistentwith those polices, goals and.objectives. Based on the entire record and as summarized herein, the proposed project will substantially comply with the General.Plan, as amended. B. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and uses authorized in adjacent districts. Project Finding: The project area. is zoned P-1. (Planned Unit District). The proposed project involves development of 152 acres of the approximate 1,089 acres within the Discovery Bay west General Plan Amendment study area. The proposed project would include 432 single-family- lots on 96 acres, 17 acres of lakes, 8 acres of parkl anal, 4 acres of landscaped utility easements, a 20 acre marina with approximately 1.20 slips, 4 acres of staging and.parking areas for the marina and 3 acres of boat storage facilities. Discovery Bay 'West is predominantly a single-family residential. project of mixed density. Residential lots in villages II-IV are clustered into groups that are separated by centrally located recreational/open space areas which include lakes, walking/biking paths, exercise equipment, picnic areas and other amenities. Lot sizes range from approximately 5,000 square feet to approximately 1.5,000 square feet and home sizes range from approximately 2,400 square feet to approximately 4,600 square feet. The proposed project is a mixed-density single-family residential development that is nearly identical in character to villages II-IV. Lot sizes would range from 5,000 square feet to 18,625 square feet with an average size of 7,079 square feet. Home sizes are anticipated to be comparable to those in villages II-IV due to the lot sizes being similar. Like the previous villages, village V would be located adjacent to lakes and recreational amenities. Board Resolution No. 2005/369 Page 6 The Village V plan includes a marina and ancillary dry boat storage. A marina was approved as part of the Final Development Plan for Discovery Bay west. The original marina plan provided 330 slips whereas the proposed marina provides only 120 slips, though the original pian did not include dry boat storage. The Initial Study- for this project analyzed the impacts of the dry boat storage area and the applicant has agreed to mitigation. measures that are designed to ensure compatibility wTith the adjacent residential land uses. Like the previous phases of Discovery Bay west, Village V would be located adjacent to lands zoned for agricultural. uses. The 1994 DBWGPA FEIR. included mitigation measures addressing issues of compatibility between. residential and. agricultural uses and these mitigations would apply to Village V. The proposed plan would establish residential uses approximately 850 feet closer to agricultural uses located across Werner. Dredger Cut to the east. However, because a separation of over 1,000 feet would remain between the different uses and because the aforementioned mitigation measures would continue to be implemented this reduction in the distance between uses has been.determined to be inconsequential. Based on the entire record and as summarized herein, the uses authorized or proposed in the land use district are compatible within the district and with uses authorized in adjacent districts. C. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The County Board of Supervisors in. 1.995 approved a total. of 2,000 new housing units for the Discovery :Bav West area. Originally, Discovery Ba West was to be built in four phases (Villages I-IV). Most of Villages I, II and III have been completed. Residential. construction. is beginning in Village I V. The proposedJro'ect p includes changes to Village IV and identifies the new Village V (which includes the eastern portion of Village IV). The proposed project would result in the development of 432 units, for a total of 1,999 units in the entire Discovery Bay west area. The County determined. that there was a community- need for the Discovery Bay west project's 2,000 residential units and that through provision of those units the General Plan Housing Element's goals for housing production would be further achieved. Over the course of construction Discovery Bay west has been. developed at a density of approximately five dwelling units/net acre, which is consistent with the overall. density range of 3.0-7.2 units/net acre that was established for the project. However, because development has occurred at this particular density, it will not bep ossible to construct all 2,000 units within the previously approved residential. boundary of the project. Therefore, approval of the Village V proposal. fulfills a community need by adding the necessary- acreage to make possible the construction of 1,999 of the previously anticipated 2,000 units. Board Resolution No. 2005/369 Page 7 Based on the entire record and as summarized herein, community needs have been demonstrated for the uses proposed. III. Findings for Adoption of a Planned Unit District (P-1) and approval of a Final Development Plan A. :Required Finding: The applicant intends to start construction within. two and one-half years from the effective date of the zoning change and plan approval.. of Project Finding: The Applicant has indicated to County Staff that it intends to start construction. within two and one-half years from the effective date of the requested rezoning. Villages I-IV are under construction. Significant infrastructure and public services and. utilities are already in place to accommodate the proposed project. Thus, construction of the proposed project is expected to begin in the near future. Based. on the entire record and as summarized herein, the applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval.. B. Required Finding: The proposed planned unit development is consistent with the County General Plan. Project Finding: The proposed project site is already within a P-1. District. A revised. P- 1 District has been submitted to reflect the changes in the proposed project from the P-1 that was approved as part of the 1995 Approvals. The proposed planned unit development is consistent with.the General Plan as explained in the Findings above. Based on the entire record and a summarized herein, the proposed planned unit development is consistent with the County General Plan. C. Required Finding: In the case of residential development, it will constitute a residential. environment of sustained. desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Project Finding: The proposed project represents the final phases of the Discovery Bay West.project. The proposed project provides a design consistent with the other phases of Discovery Bay west. Discovery Bay West was planned and approved as a water- theme community and the proposed project continues with this theme. The proposed project is in. harmony with the character of the surrounding community in. that it provides a variety of housing types and has been designed to enhance the recreational opportunities in the area. Based. on the entire record and as summarized herein, the proposed pr(j ect constitutes an environment of sustained desirability and stability, and. is in harmony with the character of the surrounding neighborhood and community. Board Resolution No. 2005/369 Page 8 D. Required Finding: The development of a harmonious plan justifies exceptions from the normal application of the Code. Project Finding: Development of this site in the Delta region justifies exceptions to the normal application of the Code. Development under a P-1 District allows the Project to preserve contiguous open space areas, provide a marina for Delta access, provide parkland and other recreational amenities and provide a variety of different lot sizes and housing types. Based on the entire record and as summarized herein, the development of a harmonious plan justifies exceptions from the normal. application.of the Code. IV. Findings to Approve a.Tentative Mai A. Required Finding: The County Planning Agency shall. not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. Project Finding: As demonstrated in Section V of these Findings, the proposed project (which includes a tentative map) is consistent with the General Plan, as amended. There are no specific plans applicable to the project site. Based on the entire record and a summarized herein, the tentative map is consistent with the County General Plan, as amended. B. Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision fulfills construction requirements. Proj ect Finding: As required by the conditions of approval and the Mitigation Monitoring Program, the tentative map shall fulfill. all appl cable County imposed construction requirements. Based on the entire record and as summarized herein., the proposed subdivision fulfills construction.requirements. V. General Plan Consistency A. The Project is consistent with. the General Plan. The General. :Plan. Amendment approved for this project will not cause the General Plan to become internally inconsistent. The Project proposes a General Plan Amendment to redesignate approximately ?6 acres from DR to SH, redesignate approximately 70 acres from SM to SH, .redesignate approximately 3 acres from SM: to PR and redesignate approximately 2 acres from. PR to SH, which would reduce open space by approximately ',27 acres. The Project provides 43? single-family~ units and 179 acres of open spaces and open forms of land. The proposed number of dwelling units conforms to the SH design.ati.on.'s density requirement of 5.0-7.2 units/net acre (6.0 units/net acre Board Resolution No. 2005/369 Page 9 proposed;) for a portion of the Subject Properties and conforms to the overall density required for Discovery Bay west. The General Plan Amendment and the remainder of the General. Plan. comprise an integrated, internally consistent and compatible statement of policies for the Count),. The various land uses authorized for the Project, and each of its components, are compatible with the objectives, policies, general land uses; and programs specified in the General Plan. The Project is compatible with and conforms to the objectives, policies, general land uses and programs specified in. the General Plan for the Discovery* Bay area. The Project will. further the overall objectives and policies of the General Plan and not obstruct their attainment. B. The Commission has considered the effects of the Project on the housing needs of the region and balanced those needs against the public service needs of County .residents and available fiscal and environmental resources. The Project helps to achieve a desirable balance and stock. The Project is in harmony with surrounding neighborhoods, and the site as designed for the Project is physically suitable for the development proposed. C. The General Plan comprises many objectives, policies, principles, programs, standards, proposals and action plans (collectively `'policies"), as well as performance standards. At times the policies necessarily compete with each other. Examples of the tensions between General Plan policies are found between those policies thatt promote managed. growth, and those that provide for protection of resources that exist because land is undeveloped (such as open space, visual resources and agricultural p land). As art of approving the Project, all. applicable General Plan policies and the extent to which the Project conforms to each of those policies have been considered. D. The Commission has fully evaluated, the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance -with principles of the Urban Limit Line and Measure C-1.990, protection of open space, standards regarding geology, soils and earthquake risks, hazardous materials, flood hazards and drainage, protection of «rater quality, protection of biological resources, transportation standards and goals, regional and local housing needs, ,j obs/housin balance, noise, protection. of ai.r quality, protection. of. visual resources, standards for public services and utilities, and protection of archeological and historical resources. The Commission has also fully considered the Project's compliance with all � performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), andp erforniance standards for public services and facilities. E. The Commission finds that through the development of housing designs aimed at various economic levels including z4ots, zero lot line and/or other unconventional residential configurations the Project will help implement housing-related goals of the General Plan. F. The Commission acknowledges that the existing General Plan designations for the Subject Properties were intended to separate the portion of the site available for housing development from the areas generally known.to contain wetlands. The pending General Board Resolution No. 2005/369 Page 10 Plan Amendment is intended to recognize the delineation of wetlands and the consolidation, retention and enhancement of wetlands within protected DR areas. The proposed residential. designation is consistent with densities in. neighboring development in the vicinity. G. In order to fully, implement the change in General Plan land -use designation for the residential portion of the Subject Property, the Commission finds that it is appropriate to am.en.d the text of the General Plan Land Use Element. The new clarifying text is: Conservation and Open Space "(a) The Discovery Bay West project shall provide open space as part of the land use compliance concept to ensure with the County's 65`35 Land Preservation ,51andard For this purpose, the project shall include dedication of development rights to the 17 +f') acres of the former Fallman Ranch in the northeast portion of the CPQ area, and, in exchange_ for development on approximately 25 acres o the ,forme ofr Fallman Ranch, provide an equivalent form of dedication development rights at an off=site location to be approved by the County. Additionally, it shall provide a minimum of 12D acres of'open forms off land use within the project, including but not limited to lakes, park, utility easement, Fallman Canal, wetland (in southeast portion of' project), pocket parks, landscaped area, and trails. ." "(d) Jurisdiction wetland areas, as revised by the U.S. Army Corps of Enzineers on Februao� 22, 2002,planned for open apace uses shall have development rights for these areas dedicated to the County prior to construction of aty portion of the proposed project that is north of the ECOID Canal. " Land Use "(h) :.The Discovery Bay Nest project shall be designed as a mixed use density residential project which .shall include both attached and detached units in di erin T density to sere a broader range of housing needs. Property generally ff � east of the lakes is to be designated ,Single Family Residential.--Aledium Density, except that north of the ECOID Fallman Canal and east of the lakes Sin le Family Residential — High Density is permissible in Village V. The remaining residential lands are to be designated 5ingle Family, Residential -- Hi?h Densittis. The &,--sign shall allow for internal project amenities such as recreational areas, community focal points and the like. Senior housing projects shall be encouraged 1? VI. Measure C-1988 and Related.Resolutions A. The Coni-mission has considered the Project's compliance with the traffic service objectives of M=easure C-1.988, the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (,CCTA) uthor.ity- (CCTA) resolutions. Board Resolution No. 2005/369 Page 11 B. Measure C-1988 established a. Growth Management Program, "to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth." TheProgram.requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land. use, and to comply with the adopted standards; to "adopt a. development. mitigation program to ensure that new growth is paying its share of the costs associated with that growth;" to participate in the forum. established by the Authority to cooperate in. easing cumulative traffic impacts, using the OCTA computer model; and to develop an implementation. program. that creates housing opportunities for all income levels. C. The County has complied with all these requirements. Most important. the County is achieving Measure C-1.988's overarching goal that development pay its own. way. The County has identified.fed. Project mitigations to ensure that the Applicant will defray the cost of those improvements that are proportionately attributable to the development. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the :Board of Supervisors on the date shown. Attested: John. Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk. Contact:Will Nelson (335-1.208) cc: Community Development Department CAO County,Counsel v RESOLUTION 2005/369 Board Resolution No. 2005/369 Page 12 Exhibit #2 East County Regional Planning Commission Resolution # 14-2005 RESOLUTION NO. 14-2005 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS FOR THE REQUESTED GENERAL PLAN AMENDMENT, REZONING, FINAL DEVELOPMENT PLAN, AND VESTING TENTATIVE MAP FOR THE "DISCOVERY BAY WEST VILLAGE V" PROJECT IN THE DISCOVERY BAY AREA OF SAID COUNTY. WHEREAS, Hofmann Land Development Company (Applicant & Owner) proposed development of 152± acres in the unincorporated Discovery Bay area of Contra Costa County comprised of three parcels with Assessor's Parcel Numbers 011-241-006, 011-241-007 and 011- 241-008 (together the "Subject Properties"), which entails the construction of 432 single-family residential lots, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120- slip marina, 7 acres of boat storage and parking for the marina and associated infrastructure (the "Project"), for which an application was received by the Community Development Department on March 2, 2004; and WHEREAS, the Subject Property is part of an area of 1,089± acres generally known as Discovery Bay West, which was the subject of a General Plan Amendment and related actions approved by the County Board of Supervisors (the "Board") in 1995 (the "Discovery Bay West Approvals") that in part changed the general plan designations for the Subject Properties from Agricultural Lands to a combination of Single-Family Residential Medium Density and Delta Recreation and Resources; and WHEREAS, before approving the Discovery Bay West Approvals, the Board certified an environmental impact report covering the development authorized by the Discovery Bay West Approvals (the "Discovery Bay West Final Environmental Impact Report") and adopted related findings; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a report dated February 2005 titled "Discovery Bay West Village V Initial Study and Mitigated Negative Declaration" (the "Initial Study") was prepared to determine whether an environmental impact report should be prepared for the Project; and WHEREAS, the Initial Study identified potentially significant impacts related to aesthetics, hazards, biological resources and geology and soils, and the Initial Study recommended mitigation measures which would reduce each identified impact to a less than significant level; and WHEREAS, on February 25, 2005 the County published a Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration, which Notice recited the foregoing facts, indicated that the Applicant had agreed to accept each mitigation measure recommended by the Initial Study, started a period for public comments on adequacy of the environmental documents related to the Project that ran to March 28, 2005; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, May 23, 2005, which was subsequently continued to June 13, 2005 to allow for clarification of the public notice and re- notification and for revisions to certain proposed conditions of approval, whereat all persons interested therein might appear and be heard; and WHEREAS, on Monday, June 13, 2005, the East County Regional Planning Commission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED that the East County Regional Planning Commission ("this Commission")takes the following actions: 1. In accordance with the California Environmental Quality Act, the State CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.), and the County's own CEQA Guidelines (together, "CEQA"), this Commission FINDS that the proposed Mitigated Negative Declaration ("NIND") is adequate for the purposes of compliance with CEQA and ADOPTS the MND for the Project. In support of these actions and conclusions, this Commission ADOPTS the CEQA Findings. The East County Regional Planning Commission adopts these findings specifically for each of the Approvals and Entitlements it approves or recommends for approval for the Project. The Commission certifies that it has been presented with the Initial Study and that it has reviewed and considered the information contained in the Initial Study and the other information in the record prior to making the following certifications and findings. The Commission further certifies that the Initial Study reflects the lead agency's independent judgment and analysis, and that the Initial Study has been completed in compliance with the CEQA Regulations. 2. Recommends to the Board of Supervisors APPROVAL of the proposed General Plan Amendment (County File #GP030007) changing the General Plan land use designations for the Subject Properties from a combination of Single-Family Residential Medium- Density (SM), Parks & Recreation (PR) and Delta Recreation & Resources (DR) to a combination of Single-Family Residential High-Density (SH), PR and DR, and recommends that the Board ADOPT the findings. As part of implementing the change in land use designations, this Commission also recommends that the Board AMEND the General Plan text regarding policies for the Discovery Bay West area. 3. Recommends to the Board of Supervisors APPROVAL of the proposed Rezoning (County File #RZ043142), changing the zoning designation of the Subject Property from Planned Unit District(P-1)to a revised Planned Unit District. 4. Recommends to the Board of Supervisors APPROVAL of the proposed Final Development Plan Amendment (County File #DP043019), subject to the mitigation measures contained in the MND for this project and subject to the conditions of approval for this project. Resolution No. 14-2005 Page 2 5. APPROVES the Vesting Tentative Map (County File #SD048828), subject to the mitigation measures, conditions of approval and adoption of the General Plan Amendment and Rezoning by the Board of Supervisors, and this Commission ADOPTS the findings supporting such approval. BE IT FURTHER RESOLVED that the reasons for these recommendations are as follows: FINDINGS I. Growth Management Element Performance Standards A. Traffic: In 1992, a traffic study was conducted for the Discovery Bay West General Plan Amendment (DBWGPA) that included the Subject Properties. The Amendment assumed 2,135 units at build out of the study area. The Applicant has entitlements for 2,000 units and is in the process of developing those units. The specific mitigations listed in the DBWGPA Final Environmental Impact Report (FEIR) have either been constructed or are planned. The applicant's traffic consultant (Fehr & Peers) submitted a memo indicating that there would be no net change in the number of homes within Discovery Bay West with the development of the Village V (Fehr and Peers, 2004). Therefore, the overall project trip generation would remain the same as was analyzed in the FEIR. B. Water: The Project's water demand was evaluated by the 1994 DBWGPA FEIR. Compliance with the environmental mitigation measures adopted as part of the original approval resulted in the construction of water treatment and storage facilities with sufficient capacity to serve the entire Discovery Bay West project including Village V. C. Sanitary Sewer: The Project's wastewater demand was evaluated by the 1994 DBWGPA FEIR. Compliance with the environmental mitigation measures adopted as part of the original Discovery Bay West approval resulted in the construction of sewage treatment facilities with sufficient capacity to serve the entire Discovery Bay West project including Village V. D. Fire Protection: The Project impact to fire protection services was evaluated by the DBWGPA FEIR. The Project site is within the service area of the East Contra Costa Fire Protection District. Compliance with the environmental mitigation measures adopted as part of the original Discovery Bay West approval resulted in the construction and equipping of a new fire station located on Bixler Road approximately 0.9 miles from the project site. E. Public Protection: The Project's impacts to public protection were evaluated by the 1994 DBWGPA FEIR. The entire project area is already included in a tax district that provides funding for augmented police services. The project is also part of a State program to aid in funding marine patrols. Resolution No. 14-2005 Page 3 F. Parks and Recreation: This Project's parks and recreation needs were evaluated by the 1994 DBWGPA FEIR. The General Plan states 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." With the development of Village V, approximately 328 acres would be provided. G. Flood Control and Drainage: The Project's drainage and flooding impacts were evaluated b the 1994 DBWGPA FEIR. Compliance with the environmental mitigation y measures adopted as part of the original Discovery Bay West approval and with Title 9 of the County Ordinance Code ensures that the project is designed with adequate drainage and flood protection infrastructure. II. Findings to Adopt a Rezoning A. Required Finding: The change proposed will substantially comply with the General Plan, as amended. Project Fin din : The applicant is requesting approval of an amendment to the General Plan to redesignate approximately 26 acres from Delta Recreation &Resources (DR)to Single-Family Residential High-Density (SH), redesignate approximately 70 acres from Single-Family Residential Medium-Density (SM) to SH, redesignate approximately 3 acres from SM to Parks &Recreation (PR), redesignate approximately 2 acres from PR to SH and reduce the acreage required for dedication of development rights by approximately 26 acres (from 200 to 174 acres). The requested General Plan amendment would not cause the General Plan to become internally inconsistent. The General Plan contains a series of objectives, polices and goals, and with the requested General Plan amendment, the proposed project will substantially conform to the General Plan, as amended. The entire Village V area will have a density of 6.0 units per net acre, which is consistent with the General Plan land use designation of SH. The General Plan contains specific land use policies relating to Discovery Bay West. One such policy allows Discovery Bay West to develop a maximum of 2,000 units. With the development of the proposed project, the area will contain 1,999 units. An additional specific policy requires the provision of open space to ensure compliance with the County's 65/35 Land Preservation Standard. For this purpose,the General Plan requires 200 acres to be dedicated as open space and the provision of 120 acres of open space forms of land. Through the requested General Plan amendment, the dedicated open space area over which the County holds development right will be reduced from 200 acres to approximately 174 acres. This change is being requested because it has been determined that the 200-acre area is not entirely comprised of wetlands. In 2001 the applicant commissioned a new wetlands delineation, which showed fewer acres of wetlands. The reduced acreage was confirmed by the U.S. Army Corps of Engineers. Resolution No. 14-2005 Page 4 The applicant is proposing to extend development into a portion (approximately 26 acres) of the 200-acre area preserved as open space. The area proposed for development does not contain wetlands. With respect to the 120 acres of open space forms of land required within Discovery Bay West, Villages I-IV include 124 acres of open space forms of land. Village V, which is part of the proposed project, would add an additional 29 acres of open space forms of land(for a total of 153 acres). Discovery Bay West (which includes the proposed project) would continue to meet the requirements of the County's 65/35 Land Preservation Standard with the dedication of 174 acres of open space and 153 acres of open forms of land. The conversion of approximately 26 acres of DR land to SH would not violate the 65/35 standard. Another specific policy requires that development in this area provide functional p integration between the water element, parks, and recreational facilities with the residential component of the project. The proposed project includes a marina, lakes and parks and other recreational amenities in addition to residential units. Consistent with the General Plan,the proposed project includes a mix of housing types. Additional specific policies in the General Plan require consideration of alternative water systems for domestic water and require ground water monitoring. A water plan was prepared consistent with the 1995 Approvals and additional studies on the proposed project concluded that the existing water system is capable of meeting the demand associated with the proposed project. (For additional discussion on this issue, refer to the Mitigated Negative Declaration at page 87.) The proposed project will continue to monitor groundwater. Another specific policy requires the project proponents to meet with representatives of the Byron Union and Kingston Elementary School Districts to resolve any issues relating to school boundaries. The project applicant has met and is expected to continue meeting with these representatives. As required in the 1995 Approvals and as shown on the development plan for the proposed project, all specific transportation polices have been complied with and/or will be followed (i.e., emergency access, adequate access and internal circulation system). The conditions of approval also contain specific transportation requirements (i.e., payment of fees, participation in the flexible mitigation measure program, specific road design requirements). All these requirements and conditions will ensure that the proposed project will remain consistent with the General Plan. The General Plan contains numerous other policies, goals and objectives that apply to the entire County and thus, generally apply to the proposed project. The proposed project is consistent with those polices, goals and objectives. Resolution No. 14-2005 Page 5 Based on the entire record and as summarized herein, the proposed project will substantially comply with the General Plan, as amended. B. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and uses authorized in adjacent districts. Project Finding: The project area is zoned P-1 (Planned Unit District). The proposed project involves development of 152 acres of the approximate 1,089 acres within the Discovery Bay West General Plan Amendment study area. The proposed project would include 432 single-family lots on 96 acres, 17 acres of lakes, 8 acres of parkland, 4 acres of landscaped utility easements, a 20 acre marina with approximately 120 slips, 4 acres of staging and parking areas for the marina and 3 acres of boat storage facilities. Discovery Bay West is predominantly a single-family residential project of mixed density. Residential lots in Villages II-IV are clustered into groups that are separated by centrally located recreational/open space areas which include lakes, walking/biking paths, exercise equipment, picnic areas and other amenities. Lot sizes range from approximately 5,000 square feet to approximately 15,000 square feet and home sizes range from approximately 2,400 square feet to approximately 4,600 square feet. The proposed project is a mixed-density single-family residential development that is nearly identical in character to Villages II-IV. Lot sizes would range from 5,000 square feet to 18,625 square feet with an average size of 7,079 square feet. Home sizes are anticipated to be comparable to those in Villages II-IV due to the lot sizes being similar. Like the previous villages, Village V would be located adjacent to lakes and recreational amenities. The Village V plan includes a marina and ancillary dry boat storage. A marina was approved as part of the Final Development Plan for Discovery Bay West. The original marina plan provided 330 slips whereas the proposed marina provides only 120 slips, though the original plan did not include dry boat storage. The Initial Study for this project analyzed the impacts of the dry boat storage area and the applicant has agreed to mitigation measures that are designed to ensure compatibility with the adjacent residential land uses. Like the previous phases of Discovery Bay West, Village V would be located adjacent to lands zoned for agricultural uses. The 1994 DBWGPA FEIR included mitigation measures addressing issues of compatibility between residential and agricultural uses and these mitigations would apply to Village V. The proposed plan would establish residential uses approximately 850 feet closer to agricultural uses located across Werner Dredger Cut to the east. However, because a separation of over 1,000 feet would remain between the different uses and because the aforementioned mitigation measures would continue to be implemented this reduction in the distance between uses has been determined to be inconsequential. Resolution No. 14-2005 Page 6 Based on the entire record and as summarized herein, the uses authorized or proposed in the land use district are compatible within the district and with uses authorized in adjacent districts. C. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The County Board of Supervisors in 1995 approved a total of 2,000 new housing units for the Discovery Bay West area. Originally, Discovery Bay West was to be built in four phases (Villages I-N). Most of Villages I, II and III have been completed. Residential construction is beginning in Village IV. The proposed project includes changes to Village IV and identifies the new Village V (which includes the eastern portion of Village IV). The proposed project would result in the development of 432 units, for a total of 1,999 units in the entire Discovery Bay West area. The County determined that there was a community need for the Discovery Bay West project's 2,000 residential units and that through provision of those units the General Plan Housing Element's goals for housing production would be further achieved. Over the course of construction Discovery Bay West has been developed at a density of approximately five dwelling units/net acre, which is consistent with the overall density range of 3.0-7.2 units/net acre that was established for the project. However, because development has occurred at this particular density, it will not be possible to construct all 2,000 units within the previously approved residential boundary of the project. Therefore, approval of the Village V proposal fulfills a community need by adding the necessary acreage to make possible the construction of 1,999 of the previously anticipated 2,000 units. Based on the entire record and as summarized herein, community needs have been demonstrated for the uses proposed. III. Findings for Adoption of a Planned Unit District (P-1) and approval of a Final Development Plan A. Required Finding: The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. Project Finding: The Applicant has indicated to County Staff that it intends to start construction within two and one-half years from the effective date of the requested rezoning. Villages I-IV are under construction. Significant infrastructure and public services and utilities are already in place to accommodate the proposed project. Thus, construction of the proposed project is expected to begin in the near future. Based on the entire record and as summarized herein, the applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. Resolution No. 14-2005 Page 7 B. Required Findin : The proposed planned unit development is consistent with the County General Plan. Project Findin: The proposed project site is already within a P-1 District. A revised P- I District has been submitted to reflect the changes in the proposed project from the P-1 that was approved as part of the 1995 Approvals. The proposed planned unit development is consistent with the General Plan as explained in the Findings above. Based on the entire record and a summarized herein, the proposed planned unit development is consistent with the County General Plan. C. Required Fin din : In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Project Findin: The proposed project represents the final phases of the Discovery Bay West project. The proposed project provides a design consistent with the other phases of Discovery Bay West. Discovery Bay West was planned and approved as a water- theme community proposed and the project continues with this theme. The proposed project ect is in harmony with the character of the surrounding community in that it provides a variety of housing types and has been designed to enhance the recreational opportunities in the area. Based on the entire record and as summarized herein, the proposed project constitutes an environment of sustained desirability and stability, and is in harmony with the character of the surrounding neighborhood and community. D. Required Findin: The development of a harmonious plan justifies exceptions from the normal application of the Code. Project Finding: Development of this site in the Delta region justifies exceptions to the normal application of the Code. Development under a P-1 District allows the Project to preserve contiguous open space areas, provide a marina for Delta access, provide parkland and other recreational amenities and provide a variety of different lot sizes and housing types. Based on the entire record and as summarized herein, the development of a harmonious plan justifies exceptions from the normal application of the Code. IV. Findings to Approve a Tentative Map A. Required Findin: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. Resolution No. 14-2405 Page 8 Project Finding: As demonstrated in Section V of these Findings, the proposed project (which includes a tentative map) is consistent with the General Plan, as amended. There are no specific plans applicable to the project site. Based on the entire record and a summarized herein, the tentative map is consistent with the County General Plan, as amended. B. Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision fulfills construction requirements. Proj ect Finding: As required by the conditions of approval and the Mitigation Monitoring Program, the tentative map shall fulfill all applicable County imposed construction requirements. Based on the entire record and as summarized herein, the proposed subdivision fulfills construction requirements. V. General Plan Consistency A. The Project is consistent with the General Plan. The General Plan Amendment approved for this project will not cause the General Plan to become internally inconsistent. The Project proposes a General Plan Amendment to redesignate approximately 26 acres from DR to SH, redesignate approximately 70 acres from SM to SH, redesignate approximately 3 acres from SM to PR and redesignate approximately 2 acres from PR to SH, which would reduce open space by approximately 27 acres. The Project provides 432 single-family units and 179 acres of open spaces and open forms of land. The proposed number of dwelling units conforms to the SH designation's density requirement of 5.0-7.2 units/net acre (6.0 units/net acre proposed) for a portion of the Subject Properties and conforms to the overall density required for Discovery Bay West. The General Plan Amendment and the remainder of the General Plan comprise an integrated, internally consistent and compatible statement of policies for the County. The various land uses authorized for the Project, and each of its components, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan. The Project is compatible with and conforms to the objectives, policies, general land uses and programs specified in the General Plan for the Discovery Bay area. The Project will further the overall objectives and policies of the General Plan and not obstruct their attainment. B. The Commission has considered the effects of the Project on the housing needs of the region and balanced those needs against the public service needs of County residents and available fiscal and environmental resources. The Project helps to achieve a desirable balance and stock. The Project is in harmony with surrounding neighborhoods, and the site as designed for the Project is physically suitable for the development proposed. C. The General Plan comprises many objectives, policies, principles, ro ams, standards p �' proposals and action plans (collectively "policies"), as well as performance standards. Resolution No. 14-2005 Page 9 At times the policies necessarily compete with each other. Examples of the tensions between General Plan policies are found between those policies that promote managed growth, and those that provide for protection of resources that exist because land is undeveloped (such as open space, visual resources and agricultural land). As part of approving the Project, all applicable General Plan policies and the extent to which the Project conforms to each of those policies have been considered. D. The Commission has fully evaluated the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance with principles of the Urban Limit Line and Measure C-1990, protection of open space, standards regarding geology, soils and earthquake risks, hazardous materials, flood hazards and drainage, protection of water quality, protection of biological resources, transportation standards and goals, regional and local housing needs, jobs/housing balance, noise, protection of air quality, protection of visual resources, standards for public services and utilities, and protection of archeological and historical resources. The Commission has also fully considered the Project's compliance with all performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), and performance standards for public services and facilities. E. The Commission finds that through the development of housing designs aimed at various economic levels including z-lots, zero lot line and/or other unconventional residential configurations, the Project will help implement housing-related goals of the General Plan. F. The Commission acknowledges that the existing General Plan designations for the Subject Properties were intended to separate the portion of the site available for housing development from the areas generally known to contain wetlands. The pending General Plan Amendment is intended to recognize the delineation of wetlands and the consolidation, retention and enhancement of wetlands within protected DR areas. The proposed residential designation is consistent with densities in neighboring development in the vicinity. G. In order to fully implement the change in General Plan land use designation for the residential portion of the Subject Property, the Commission finds that it is appropriate to amend the text of the General Plan Land Use Element. The new clarifying text is: Conservation and Open Space "(a) The Discovery Bay West project shall provide open space as part of the land use concept to ensure compliance with the County's 65/35 Land Preservation Standard. For this purpose, the project shall include dedication of development rights to the 174 (+/-) acres o the former Fallman Ranch in the northeast portion of the GPA area, and, in exchan e,for development on approximately 25 acres of the former Fallman Ranchprovide an equivalent form of dedication o development rights at an off site location to be approved by the County. Additionally, it shall provide a minimum of 120 acres of open forms of land use Resolution No. 14-2005 Page 10 within the project, including but not limited to lakes, park, utility easement, Fallman Canal, wetland (in southeast portion of project), pocket parks, landscaped area, and trails. " "(d) Jurisdiction wetland areas, as revised by the U.S. Army Corps of Engineers on February 22, 2002,planned for open space uses shall have development rights for these areas dedicated to the County prior to construction of any portion of the proposed project that is north of the ECCID Canal. " Land Use "(h) The Discovery Bay West project shall be designed as a mixed use density residential project which shall include both attached and detached units in differing density to sere a broader range of housing needs. Property generally east of the lakes is to be designated Single Family Residential-Medium Density, except that north of the ECCID (Fallman) Canal and east of the lakes Singe Family Residential — High Density is permissible in Village V. The remaining residential lands are to be designated Single Family Residential—High Density. The design shall allow for internal project amenities such as recreational areas, community focal points and the like Senior housing projects shall be encouraged. " VI. Measure C-1988 and Related Resolutions A. The Commission has considered the Project's compliance with the traffic service objectives of Measure C-1988, the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (OCTA)resolutions. B. Measure C-1988 established a Growth Management Program, "to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth."The Program requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land use, and to comply with the adopted standards; to "adopt a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth;" to participate in the forum established by the Authority to cooperate in easing cumulative traffic impacts, using the CCTA computer model; and to develop an implementation program that creates housing opportunities for all income levels. C. The County has complied with all these requirements. Most important, the County is achieving Measure C-1988's overarching goal that development pay its own way. The County has identified Project mitigations to ensure that the Applicant will defray the cost of those improvements that are proportionately attributable to the development. NOW BE IT RESOLVED that the secretary of this Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. Resolution No. 14-2005 Page 11 This Resolution was approved upon motion of the East County Regional Planning Commission on Monday, May 23, 2005 by the following vote: AYES: Commissioners—Stevenson, Day, Harper,MacVittie NOES: Commissioners -None ABSENT: Commissioners -None ABSTAIN: Commissioners -None Walter MacVittie Chair of the East County Regional Planning Commission r County of Contra Costa, State of California ATTEST: • &nrL4, 60 Dennis M. Barry, Secretary County of Contra Costa State of California Resolution No. 14-2005 Page 12 Exhibit #3 F. 19 Is indings Map and Rezoning Ordinance #2005 -20 FndingsM� -- A-4 A-2 -. Balfour-Rd � .............. A-4 P-1 � Rezone From P-1 To P-1 Discovery Bay ,Area W. MacVittie Chair of the East County Regional Planning Commission,State of California,do hereby certify that this is a true and correct copy of PaQe N-28 of the County's 2005 zoning map indicating thereon the decision of the East County Regional Planning Commission in the matter of Hofmann - RZ043142 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calif. ORDINANCE No.2005-20 P=-; (Re-Zoning Land in the Discovery Bay Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page L-2$, M-28 of the County's 1978 Zoning Map(Ord.No. 78-93)is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Community Development Department File No. RZ043142 .) FROM: Land Use District P-1 ( Planned Development TO: Land Use District P-1 Planned Development and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. - A-4 A-2 -- ................... -Balfour-:Rd ... A-40 xffi :.:: A-4 A-2 A-3 SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. PASSED on Iq 944-:9- by the following vote: I Supervisor Ave No Absent Abstain 1. J. Gioia ( ) ( ) ( } 2. G. B. Uilkema (56 ( ) { } ( ) 3. M. N. Piepho �6 ( ) ( ) ( ) 4. M. DeSaulnier ( ) ( ) ( ) 5. F. D. Glover ( ) ( ) ( ) ATTEST: John Sweeten, County Administrator and Clerk the Board of Supervisors hainnan of the Board By .40� ep. (SEAL) ORDINANCE No 2005-20 RZ043142 - Hofmann Exhibit #4 10 Conditions of Approval and Mitigation Monitoring Program CONDITIONS OF APPROVAL FOR COUNTY FILES #SD048828 & #DP043019 (PHASE V OF SUBDIVISION 7686 - DISCOVERY BAY WEST), HOFMANN LAND DEVELOPMENT COMPANY (Applicant & Owner) AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON JUNE 13,2005, CONDITIONS OF APPROVAL Project Approval 1. This approval is based upon the following exhibits: A. Revised Vesting Tentative Map, Final Development Plan and Preliminary Grading Plan received by the Community Development Department on May 23, 2005. B. Discovery Bay West Village V Initial Study and Mitigated Negative Declaration dated February 2005 and all documents referenced therein. C. 1994 Discovery Bay West General Plan Amendment and Other Actions FEIR. D. Discovery Bay West General Plan Amendment and Other Actions Mitigation Monitoring Program dated May 1995. E. Conditions of Approval for County File#SD968023 and#DP913025. This project is subject to the conditions of approval and mitigation measures referenced above. It is acknowledged that the requirements of some of the above-referenced conditions of approval and mitigation measures have already been completed in conjunction with previous phases of the Discovery Bay West project. Duration of Approval 2. The length of approval for County File #DP043019 and #SD048828 is three years. One 3-year extension may be granted for the project subject to proper request for extension and review and approval of the Zoning Administrator. This approval is contingent upon the Board of Supervisor's adoption of County File#GP030007 and#RZ043142 for Village V. Application Fees 3. This application is subject to an initial application fee of$36,900.00, which was paid with the application submittal, and time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit 8. At least 60 days prior to recording a Final Map, issuance of grading permits or issuance of building permits for any portion of Village V, the applicant shall submit a preliminary geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 944.420 for review and approval of the Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations of the approved report. The report shall include evaluation of the potential for liquefaction and seismic settlement. Hazardous Materials Testing 9. At least 60 days prior to recording a Final Map, issuance of grading permits or issuance of building permits for any portion of Village V, evidence of material testing along the pipeline easement shall be submitted for the review and approval of the Zoning Administrator. 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 a Final Map. MM 4.2 CONDI_TIONS TO BE MET PRIOR TO, OR CONCURRENT WITH RECORDING FINAL MAPS Landscaping Plans 10. At least 30 days prior to recording the Final Map for any phase of Village V, the applicant shall submit detailed landscape plans and facilities plans for the landscaped areas and recreational amenities for the review and approval of the Zoning Administrator. Landscape Ordinance(Ordinance Code Section 82- 26). Landscaping plans shall be prepared by a licensed landscape architect and shall include a certification that the plan is in compliance with the Ordinance. This certification shall appear as a statement on the face of the plans and shall be accompanied by a wet stamp and signature. Landscaping plans shall reflect the following requirements: • Recreational areas shall include suitable active and passive recreational facilities. A hard court (such as a basketball or bocce court) shall be included. Other amenities that shall be seriously considered are a dog run, volleyball court and tot lot. • Reasonable design provisions shall be made to minimize balls from the baseball field and soccer field from going into the lakes. • Residential landscaping shall be designed to take advantage of solar orientation. Residential landscaping plans shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits. COA-3 Street Names 11. At least 30 days prior to recording the Final Map for any phase of Village V, plans shall be submitted for review by the Community Development Department, Graphics Section, for street name approval. Alternate street names must be submitted in the event of duplication and to avoid similarity with existing street names. Consideration of historical local areas and pioneers in East Contra Costa County shall be used for as many street names as possible. Child Care Pro ream 12. Prior to recording the Final Map for each phase of Village V, proof of continued compliance with the approved childcare program for the Discovery Bay project West 'ect shall be submitted for the review and approval of the Zoning Administrator. Geotechnical Report Deed Disclosure P 13. Concurrent with recordingthe Final Ma for each phase of Village V, the applicant shall record a deed disclosure for each new parcel created by this subdivision acknowledging the approved geotechnical report by title, author (firm) and date, calling attention to approved recommendations and noting that a copy of the report is available from the Community Development Department and from the seller. At least 30 days prior to recording the Final Map, the text of the deed disclosure shall be submitted for the review and approval of the Zoning Administrator. Agricultural Activities (Right to Farm Ordinance)Deed Disclosure 14. Concurrent with filing the Final Map for each phase of Village V, the applicant shall record the following deed disclosure for each new residential parcel, pursuant to Sections 820-6.002 and 820-6.004 of the Ordinance Code (Right to Farm Ordinance): "The County of Contra Costa permits and supports operation of properly- conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code), within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may be subject to inconveniences or discomfort arising C OA-4 from such operations. Such discomfort or inconveniences may include,but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural processing operation that is in conformance with existing laws and regulations and with proper and accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations,provided such operations are established as set forth in the Right To Farm Ordinance and consistent with proper and accepted customs and standards." "If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Contra Costa County has established a grievance procedure to help resolve any disputes, which might arise between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street,4th Floor,North Wing, Martinez, California, 94553." At least 30 days prior to recording the Final Map for any phase of Village V, the text of the deed disclosure shall be submitted for the review and approval of the Zoning Administrator. Pipeline Easement Deed Disclosure 15. Concurrent with recording the Final Map for each phase of Village V, the applicant shall record the following deed disclosure for each new residential parcel located within 50 feet of the PG&E/Kinder Morgan pipeline easement: "This property is located within 50 feet of a natural gas and petroleum pipeline easement. These pipelines have explosive potential. An accident involving any of these pipelines could cause extensive damage to private property as well as serious personal injury or death." At least 30 days prior to recording the Final Map for any phase of Village V, the text of the deed disclosure shall be submitted for the review and approval of the Zoning Administrator. MM 4.2 Subsidence Deed Disclosure COA-5 16. Concurrent with recording the Final Map for each phase of Village V, the applicant shall record a deed disclosure for each new residential parcel acknowledging that the potential exists for increased risk of flooding over time due to the possible rise in sea level and/or site subsidence. The disclosure shall also indicate the potential future requirements for levees around this site and the potential associated costs of those levees should they needed as a result of sea level rise and/or site subsidence. At least 30 days prior to recording the Final Map, the text of the deed disclosure shall be submitted for the review and approval of the Zoning Administrator. Homeowners Association 17. Prior to selling the first residential lot to a third party (private buyer) in any Department of Real Estate phase of Village V, the applicant shall annex said phase into "The Lakes at Discovery Bay Home Owners Association" in order to ensure the continued maintenance of all private open space, lakes, recreational amenities, marina, trails, landscaped areas, fencing, lighting and streets. Covenants, Conditions&Restrictions 18. Prior to recording the Final Map for any phase of Village V, the Covenants, Conditions and Restrictions shall be submitted for the review and approval of the Zoning Administrator as they pertain to the project's conditions of approval. This document shall provide for the establishment, ownership and maintenance of the private common open areas, parking areas, fencing, private streets and drainage systems. This document shall also contain rules and restrictions related to marina membership as described in Condition of Approval#47. Impacts to School Districts 19. A. All of the Discovery Bay West Project, Villages IV and V, which are located within the boundaries of the Knightsen Elementary School District, shall be subject to the East Contra Costa County School Facilities Mitigation Agreement between Hofmann Land Development Company and the Knightsen Elementary School District, which was executed on July 25, 1995 and the Acknowledgement of Obligations of a Participating Developer, which was executed on April 23, 1996. B. Prior to recording the Final Map for any phase of Village V that creates a residential or commercial lot in an area that is not covered under an existing school facilities mitigation agreement, the applicant shall submit a letter from the Byron Union School District indicating that the district and the applicant have entered into a written agreement to COA-6 mitigate impacts to school facilities in a manner consistent with state law, as determined by the Byron Union School District. Valuable Consideration for the County's Relinquishment of Development Rights over a Portion of Fallman Ranch Property 20. Prior to recording the Final Map for any phase of Village V, the applicant shall complete the following actions: a. The seven parcels identified as APNs 011-160-013, 011-160-014, 011- 160-01550 011-160-01630 011-160-017, 011-160-018 and 011-160-019, which together encompass approximately 71.6 acres, shall be reconfigured as approved by the County into two parcels, with one being 40 acres and the other constituting the remaining acreage. b. Upon completion of the reconfiguration, all development rights to the two parcels shall be grant deeded to the County. The language of the Grant Deed of Development Rights shall be subject to the review and approval of the Zoning Administrator prior to recordation. The language shall be written in such a way as to ensure that the grant deed provides for the adequate protection of agricultural uses on each of the parcels. c. The grant deed shall specify that development of each parcel may occur only in the following manner: i. Upon submittal of an application for a residential building permit on each parcel, a one-acre building envelope shall be designated. This envelope shall be located within the 25%of the parcel that is closest to Bixler Road as measured in linear feet (an area approximately 260 feet deep). Within this building envelope a residence and its appurtenances such as sheds, swimming pools, pool houses, garages, tennis courts, basketball courts, etc. may be constructed. Only the driveway may be located outside of the building envelope. ii. The remainder of the front 25% of each parcel may be developed with buildings and structures related to agricultural uses. iii. The rear 75% of each parcel shall be reserved exclusively for agriculture. iv. Development of permanent buildings and structures that the County determines may preclude or constitute an obstruction to the development of a community center shall not occur prior to January 1, 2013 unless an alternative site for a community center is dedicated elsewhere and accepted by the Town of Discovery Bay Community Services District. COA-7 CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF GRADING PERMITS 21. At least 45 days prior to issuance of permits to grade and create the lakes, a suitable geotechnical report shall be submitted for the review and approval of the Zoning Administrator detailing means to stabilize the lake bank in case of earthquake and reduced possible liquefaction dangers in this area. 22. At least 30 days prior to issuance of grading permits, the design, location, color and type of materials for walls (retaining and security), fences, gates and similar structures shall be submitted for the final review and approval of the Zoning Administrator. The applicant should be prepared to submit material samples upon request. Where residential lots abut the north project boundary, fences shall be eight(8) feet in height. 23. At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet of the exterior boundary of the site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed and a map identifying the notification area. 24. At least 30 days prior to issuance of grading permits, a dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. Special-Status Plants 25. At least 30 days prior to issuance of grading permits or ground disturbing activities for any portion of the project not previously graded as part of Village IV, 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 COA-8 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. MM 2.1 26. At least 30 days prior to issuance of grading permits or ground disturbing activities for any portion of the project not previously graded as part of Village IV, 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. MM 2.1 27. If special-status plants are found in the Village V project area, the mitigation and avoidance measures in the 1994 FOR shall be implemented. At least 30 days prior to issuance of grading permits or ground disturbing activities for any portion of the project not previously graded as part of Village IV, 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 shallll 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. MM 2.1 28. At least 30 days prior to issuance of grading permits or ground disturbing activities for any portion of the project not previously graded as part of Village IV, 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 COA-9 (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 program shall be funded by the applicant or future homeowners association. MM 2.1 Mosquitoes 29. Mosquito control methods shall be chosen that minimize impacts to non- target, native wildlife that inhabit the open spaces on-site. At least 30 days prior to issuance of grading permits, a qualified biologist shall develop a plan for mosquito control. This plan shall 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 shall be funded by the Village V homeowner's association. MM 2.2 Pond Turtles 30. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 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. MM 2.3 In addition, permanent signage shall be erected to inform the populace of the presence of the sensitive turtle habitat. The location and design of the signage shall be reviewed and approved by the Zoning Administrator prior to installation. Burrowing Owls 31. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 COA-10 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. MM 2.4 32. At least 30 days prior to issuance of grading permits or ground disturbing activities, preconstruction surveys of the Village V site shall be conducted. 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). MM 2.4 33. 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. Prior to issuance of grading permits or ground disturbing activities all passive relocation activities must be completed to the satisfaction of CDFG and the Zoning Adminstrator. MM 2.4 34. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 COA-11 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. MM 2.4 35. At least 30 days prior to issuance of grading permits or ground disturbing activities for each phase of development,the project applicant shall provide the Zoning Administrator 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 or ground disturbing activities, 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 event a conservation easement deed is not recorded over the mitigation property within one year of the County's issuance of grading permit. MM 2.4 Loggerhead Shrike 36. If grading or excavation is scheduled during the nesting season(i.e., April 1 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. MM 2.5 San Joaquin Kit Fox 37. At least 30 days prior to issuance of grading permits or ground disturbing activities, a preconstruction survey shall be conducted to determine possible impacts to kit foxes. This survey shall be repeated at 30- COA-12 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 submitted for the review and approval of the Zoning Administratorto prior to issuance of grading permits. 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. MM 2.6 Jurisdictional Waters&Wetlands 38. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 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. MM 2.7 39. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 C OA-13 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. MM 2.7 40. At least 30 days prior to issuance of grading permits or ground disturbingactivities related to development of the marina, appropriate p federal and/or state permits shall be obtained for work in the Werner Dredger Cut and jurisdictional wetlands. Best management practices shall be employed to minimize impacts to this habitat during construction. MM 2.7 Alkali Meadow Alkali Marsh&Freshwater Marsh 41. At least 30 days prior to issuance of grading permits or ground disturbing activities for any portion of the project not previously graded as part of Village IV, 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 shall be shown on construction drawings and plans and delineated in the field by fencing. If avoidance is not possible, sensitive habitats shall be mitigated at a 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. MM 2.8 Salmonids 42. Prior to issuance of grading permits or building permits related to development of the marina, the applicant shall enter into informal consultation with National Oceanic and Atmospheric Administration OAA 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 C OA-14 Nonpoint Source Pollution from Marinas and Recreational Boating (EPA 841-B-01-005). Comments on the design shall also be sought from CDFG. MM 2.9 Nests&Nesting Sites 43. 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 31). Surveys shall be conducted no more than 30 days prior to the initiation ofg round 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 zone with a radius of 200 feet (from the drip line 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. The preconstruction surveys shall be submitted for the review and approval of the Zoning Administrator prior to issuance of grading permits. A report of nest monitoring shall also be provided to the Zoning Administrator at the completion of nesting, with a copy being sent to CDFG. MM 2.10 Trees 44. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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 III/1V/V area as determined appropriate by the Zoning Administrator. MM 2.11 Liquefaction COA-15 45. At least 45 days prior to issuance of grading permits or ground disturbing activities, 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-excava- tion and replacement with cohesive soils shall be completed to minimize liquefaction hazards. MM 3.1 Pipeline Easement Survey 46. At least 30 days prior to issuance of grading permits or ground disturbing activities, 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. MM 4.1 CONDITIONS TO BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS Marina Development 47. Prior to issuance of building permits for development of the marina, approval of a Final Development Plan is required. The following are required components of the Final Development Plan: • Fencing and landscaping with evergreen trees shall be installed at the perimeter of both the boat storage area and the marina parking area to screen the view of stored boats and parked vehicles from nearby residences. MM 1.1 • 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. MM 1.2 • Restrooms,pumpout facilities(if permitted by the Town of Discovery Bay and other permitting agencies), trash containers, oily waste disposal facilities and other facilities required to meet the basic needs of marina users shall be provided with the exception of fueling facilities. • Usage of the marina shall be limited, through Homeowners Association documents such as the CC&Rs, to 350 "memberships" to use the boat COA-16 launch ramp, berthing facilities and dry boat storage. No residential parcel may hold more than one membership and each membership shall allow the berthing or launching of either one boat or up to two jet skis or similar small watercraft. Non-residents shall be strictly prohibited from using the marina facilities. R.V. storage will be available to other Homeowners Association members on an as-available basis in accordance with the approved Final Development Plan for the marina. • In conjunction with breaching the levee to connect the marina to Werner Dredger Cut, the applicant shall attempt to permit and dredge the area noted on the exhibit titled, "Dredging Exhibit." Transportation Demand Management(TDM)Plan 48. At least 30 days prior to issuance of building permits, the applicant shall submit a detailed TDM Plan for review and approval by the Zoning Administrator and the Transportation Planning Division. The TDM plan shall include measures to encourage commuting such as park and ride lots, and fiber optic wiring of residences. The approved TDM Plan shall be operative prior to final inspection of the first residence by the Building Inspection Department. Design Review 49. At least 60 days prior to issuance of building permits, building elevations, exterior building materials, roofing materials and exterior color schemes shall be submitted for the review and approval of the Zoning Administrator. A detailed key shall be provided indicating the location of each building material. A detailed color scheme shall be provided that clearly identifies the colors to be applied to each part of each building, including but not limited to walls,rafter tails, shutters, cornices, doors,railings,planting boxes,vents,trim and fascia, etc. The applicant should be prepared to submit color and material samples upon request. 50. At least 60 days prior to issuance of building permits for each phase of Village V a residential fit plan showing the layout of homes within that phase shall be submitted for the review and approval of the Zoning Administrator. The fit plan shall indicate the floor plan (denoted by number), elevation type (denoted by letter) and color scheme(denoted by letter) for each residence. 51. At least 60 days prior to issuance of building permits for lots 1-93, at least 4 different floor plans shall be submitted for review and approval of the Zoning Administrator. Each of the floor plans shall have at least 3 different front elevation options. 52. At least 60 days prior to issuance of building permits for lots 94-432, at least seven (7) widely different floor plans shall be submitted for review and COA-17 approval of the Zoning Administrator. Each of the floor plans shall have at least 3 different elevation options. CONDITIONS WITH NO SPECIFIC TIMING RE UIREMENT Design Guidelines 53. The R-6 District shall be used as a guide for residential development. Specific development standards for this subdivision that are different from the R-6 District are as follows: All lots 1. Accessory structures and buildings shall be limited to a height of 12 feet. 2. Accessory structures and buildings shall be set back at least 50 feet from the front property line. 3. The base side and rear yard setbacks for accessory structures and buildings shall be 3 feet. This setback shall increase by 1 foot for each foot of vertical wall plane or support column above 8 feet. 4. Minimum secondary setback shall be 5 feet. 5. The garage door shall generally be at least 5 feet behind the front-most building plane. 6. Wherever a residential side or rear elevation faces a street, recreational area, easement, open space, lake or other area intended for the use and/or enjoyment by the general p populace, such elevations shall include additional enhancements appropriate for the architectural style of the residence. These enhancements may include, but are not limited to, shutters, planter boxes, ironwork, window trim, window grids, siding and gable treatments. Lots 1-93 1. Zero lot line or duet units are allowed. If no such units are developed, then the minimum side yard setback shall be 4 feet. 2. Front setbacks may vary between 10 feet and 15 feet on the sidewalk sides of streets and may vary between 15 feet and 20 feet on the non-sidewalk sides. 3. Minimum aggregate side yard setback shall be 8 feet. Lots 94-432 1. Front setbacks shall vary between 15 feet and 20 feet on the sidewalk sides of streets and shall vary between 20 feet and 25 feet on the non-sidewalk sides. 2. Minimum aggregate side yard setback shall be 10 feet. COA-18 3. Long, continuous planes of garage doors between adjacent lots shall be avoided. Archaeological Concerns 55. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary and subject to Zoning Administrator review and approval. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, oundstone, shell and bone artifacts, concentrations fire cracked rock, ash, charcoal, shell, bone and historic features such as privies or building foundations. In the event of discovery or recognition of any human remains on the site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of Contra Costa County has been contacted, per Section 7050.5 of the California Health and Safety Code. Appropriate ro riate mitigation of the cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery, monitoring or mitigation phases shall be properly conserved, catalogued, analyzed, evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. Construction Activity 56. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. Construction activities shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, and shall be prohibited on state and federal holidays, Saturdays and Sundays. Transporting of trucks and heavy equipment shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, and shall be prohibited on state and federal holidays, Saturdays and Sundays. The restrictions on allowed working days may be modified upon written approval by the Zoning Administrator. B. The applicant shall require his contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors, generators and concrete pumpers as far away from existing residences as possible. C. The applicant shall make a good faith effort to avoid interference with existing C OA-19 neighborhood traffic flows. Construction equipment shall be parked on-site. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each portion of the development site. This shall include provision for an on-site area in which to park earth moving equipment. D. The site shall be maintained in an orderly fashion. Litter and debris shall be contained in appropriate ro riate receptacles and shall be removed as necessary. Following cessation of construction activity, all construction materials and debris shall be removed. E. The site shall be watered throughout the day in order to minimize the amount of dust and particulates in the air resulting from construction. F. Dump trucks entering and exiting the site shall be covered when hauling loose materials. G. Loose particles on-site shall be swept and collected when practical. H. Unnecessary idling of internal combustion engines is prohibited. I. Noisy equipment shall be located as far from adjacent residences as is practical. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT Applicant shall comply with the re uirements of Title 8,-Title 9 and Title 10 of the Coun Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of A roval are based on the revised Vestine Tentative Map and Final Development Plan dated May 23,2005. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP, General Requirements 57. Applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. Roadway DWrovements(Private On-site) 58. Applicant shall construct the private roads within this development to County private road standards in accordance with the typical sections on the revised Vesting Tentative Map, to serve all parcels in this proposed subdivision, except as noted as follows: COA-20 59. B Street, E Street cul-de-sac, F Street cul-de-sac, K Street, M Street, and P Street cul-de-sac shall be 29.66-foot wide private roadways within 35.66-foot private road easements, with a minimum 5-foot public utilities easement on each side of the street, with roll curb (EIR Mitigation Measure RMCir-25 and 26), and provide adequate parking. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5- foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 14.83-feet from the road centerline. Alternatively,the applicant may construct these streets as 28-foot wide private roadways within 34-foot private road easements with a minimum 5-foot public utilities easement on each side of the street, with monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of vertical curb 14- feet from the road centerline. 60. C Street, D Street, E Street, F Street, G Street, H Street, I Street, J Street, L Street, N Street, O Street, P Street, and Q Street shall be 33.66-foot private roadways within 39.66-foot private road easements, with a minimum 5-foot public utilities easement on each side of the street, and with roll curb. Additional off-street parking may be required where lot frontages less than 50 feet result in less than one on-street and two off-street parking spaces for each residence subject to the approval of the Public Works Department. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks, unless within designated parking spaces as reviewed by the Public Works Department. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5-foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 16.83-feet from the road centerline, except where additional width is required for designated parking spaces. Alternatively, the applicant may construct these streets as 32-foot private roadways within 38-foot private road easements, with a minimum 5-foot public utilities easement on each side of the street, and monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of curb 16-feet from the road centerline. 61. If the marina facility is not proposed to be constructed or an entitlement for the marina facility is not approved, J Street, L Street, M Street and R Street C OA-21 shall be constructed according to the "Alternate Layout for Area of Lots 233- 27991) 33- 279" as shown on the Revised Vesting Tentative Map dated May 23, 2005. 62. Prior to improvement plan submittal, the applicant shall submit a sketch plan for the following improvements, for review by the Public Works Department. "A" Street shall extend from Village IV to Fallman Boulevard and not be less than a 34-foot roadway within a 50.5-foot access easement with at least 5- foot public utility easements on each side of the street, subject to the approval of the Public Works Department. The typical 34-foot wide road section shall include one 12-foot wide travel lane with 2-foot wide shoulder and one 12- foot wide travel lane with 8-foot wide parking area. Applicant shall construct standard vertical curb, monolithic 12-foot sidewalk/bicycle path (width measured from curb face) (if the contractor has the ability to extrude a monolithic 12-foot wide sidewalk and curb, otherwise the sidewalk/bicycle path can be poured separately), necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 17-feet from the road centerline. Sidewalk/bicycle path shall be constructed on the separated bicycle and pedestrian path side of the street. For portions of"A" Street adjacent to the lake, the roadway shall be at least a 34-foot roadway within a 40-foot access easement with at least 5-foot public utility easements on each side of the street provided there is a convenient, separated two way bicycle and pedestrian path, which minimizes the need for bicycle lanes on the roadway. The two-way bicycle and pedestrian path shall have at least a 10-foot paved width with two-foot clear zones on each side (Finding for Impact #65, MM a.c.), and shall be located within areas or easements to be maintained by the Homeowners Association. The typical 34- foot wide road section shall include one 12-foot wide travel lane with 2-foot wide shoulder and one 12-foot wide travel lane with 8-foot wide parking area. Applicant shall construct standard vertical curb, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 17-feet from the road centerline. 63. Prior to improvement plan submittal, the applicant shall submit a sketch plan for the following improvements, subject to the review and approval of the Public Works Department. "R" Street shall extend from Fallman Boulevard to the marina entrance and not be less than a 34-foot roadway within a 50.5- foot access easement with at least 5-foot public utility easements on each side of the street, subject to the approval of the Public Works Department. The typical 34-foot wide road section shall include one 12-foot travel lane with 2- foot shoulder and one 12-foot wide travel lane with 8-foot wide parking area. Applicant shall construct standard vertical curb, monolithic 12-foot sidewalk/bicycle path (width measured from curb face) (if the contractor has the ability to extrude a monolithic 12-foot wide sidewalk and curb, otherwise the sidewalk/bicycle path can be poured separately), necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 17-feet from the road centerline. Sidewalk/bicycle path shall be COA-22 constructed on the similar side of the street, as is constructed on"A" Street. If a gate is to be installed at the marina entrance, adequate width at this location shall be provided to allow the ability for wayward drivers to make a U-turn. Alternatively, if the marina facility is not proposed to be constructed or an entitlement for the marina facility is not approved, R Street shall be constructed as a cul-de-sac street. The street shall be a 29.66-foot wide private roadway within a 35.66-foot private road easement, with a minimum 5-foot public utilities easement on each side of the street, with roll curb (EIR Mitigation Measure RMCir-25 and 26), and provide adequate parking. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5-foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 14.83-feet from the road centerline. Alternatively, the applicant may construct this street as a 28-foot wide private roadway within a 34-foot private road easement with a minimum 5-foot public utilities easement on each side of the street, with monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of vertical curb 14-feet from the road centerline. 64. Fallman Boulevard shall not be less than a 36-foot roadway within a 56-foot access easement, which includes two 12-foot travel lanes and two 6-foot bike lanes. Applicant shall construct standard vertical curb, 6-foot 6-inch sidewalk (width measured from curb face) on at least one side of the street, necessary longitudinal and transverse drainage, and street lighting. No parking shall be allowed on this street. The applicant may widen all or a portion of this roadway to a 30-foot roadway in each direction to provide for two lanes in each direction. Additional right-of-way width shall be provided to accommodate the widened portions. 65. The portion of"H" Street on the west side of"A" Street shall have a higher traffic index than the loop portion of"H" Street, on the eastside of"A" Street, due to the higher number of units served. The applicant should consider a different street designation if applicable. 66. Prohibit all single-family residential driveway access onto collector or arterial roads that provide project-wide circulation, subject to the approval of the Public Works Department (Mitigation Measure RMCir-29)(Finding for Impact#58, MM J.c.). COA-23 67. All driveways shall 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 or roadway. 68. Applicant shall provide deed notification to those parcels that abut roads that are to be extended in the future. The applicant shall install signage at the end of the roads to inform prospective property owners that the roads may be extended in the future. 69. 25-foot minimum curb return radii shall be provided at residential street intersections with collector/arterial streets. Access to Adjoining Property 70. Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, drainage and marina improvements. Sight Distance 71. In accordance with Caltrans standards provide for adequate stopping sight distance along "A" Street and Fallman Boulevard for a design speed of 45 miles per hour where feasible, and not less than a 35 miles per hour design speed, subject to the review and approval of the Public Works Department. 72. Applicant shall provide appropriate corner sight distance on each corner lot located at residential street intersections. The corner setback requirement for residential streets intersecting collector/arterial streets shall be designed based on the County corner sight distance standards. Pedestrian/Bicycle Improvements 73. Applicant shall design all pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, and pedestrian ramps. Provide a minimum clear width of 4 feet for all sidewalks. If a pole, utility facility, street sign or any other obstruction is located in a walkway, such that there is not a 4-foot clear width, the walkway shall be widened as necessary. A note reflecting this condition shall appear on the typical section on the improvement plans. 74. Curb ramps shall be designed and constructed in accordance with current County standards. Truncated domes shall be installed on all curb ramps, unless current County standards change. 75. The design of community facilities, such as clubhouses or community parks, shall provide for and encourage the use of bicycles. At a minimum this shall COA-24 include bicycle racks and/or bicycle lockers at the primary gathering points in the project. The number of bicycle racks and/or lockers shall be subject to the review and approval of the Zoning Administrator. 76. Two-way bike/pedestrian paths shall have at least a 10-foot paved width with two-foot clear zones on each side(Finding for Impact#65,MM a.c.). 77. All sidewalk shall be at least 5-foot 6-inches wide (width measured from curb face). Sidewalk widths shall conform to County standard widths in effect at the time of filing the Final Map, should widths increase. Parkin 78. "No Parking" signs shall be installed along: • The sidewalk side of streets where roll curb has been installed; • One side of 28-foot or 32-foot wide streets where standard vertical curb has been installed; • Fallman Boulevard; and • "A" Street (adjacent to the lake), on the side opposite of the lake and bike path. subject to the review of the Public Works Department. Agricultural Access(From Private Roads) 79. Applicant shall provide two points of access to the parcel known as Parcel "J" pp (Open Space -- Delta Recreation) as shown on the Final Map for SUB 8570 and as recorded in Map Book 457 M 18. These points of access shall be located at the northeast and southeast corners of the project. The design of the access at the southeast corner can be coordinated with the marina facility improvements. The accesses shall be a minimum 12-foot wide all-weather graveled private roadway in a 20-foot wide access easement, subject to the review and approval of the Public Works Department. (EIR Mitigation Measure RMCir-32, Finding for Impact #61, MM.c.). The applicant shall grant access rights over existing streets to the property owner of Parcel "J" to allow access to Bixler Road. The access shall be along feasible alignments and outside of wetland areas (e.g., along subdivision streets). Deed notifications shall be recorded on lots within the vicinity of these two points of access to notify property owners of their existence, purpose and corresponding easements and/or restrictions. Utilities/Undergrounding 80. All new and existing utility distribution services shall be installed underground. Drainage Improvements (Private Drainage Facilities) COA-25 81. 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. An exception shall be allowed for collect and convey of storm water from the outside levee slopes. This drainage is considered minimal and negligible. The subdivision and levee will essentially reduce the total amount of storm water that was historically experienced by the open space and the storm water that does flow from the outside of the levee will drain into existing open space/wetlands areas. 82. Conveying storm waters in an adequate storm drain system that is owned and maintained by a duly organized Homeowners Association, Municipal Improvement District, or Reclamation District drainage facility serving the area, is acceptable, provided the applicant obtains a letter from that entity accepting the drainage. Conveying storm waters in an adequate storm drain system to an irrigation district facility is acceptable provided: the developer obtains a letter from the irrigation district accepting the storm waters; the irrigation district owns fee title to the drainage facility from the point of discharge to the natural watercourse; and the drainage facility is shown to be adequate to handle the design storm, plus the district irrigation flows. The analysis shall consider the presence of low spots in the irrigation district canal, which may affect the system's capacity. The applicant shall provide substantiation that reasonable backup measures such as a diesel or gas fueled back up pumping system, are in place in case of pump failure and/or power failure. The back up pumps are only required if pumping is necessary to drain the canal flows. 83. Storm water from the lake system in Village V shall be collected and conveyed in a private storm drainage system. Where pumping 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 subject to the review and approval of the Zoning Administrator, OR, the storm drainage system shall be designed as a passive weir system for gravity flow drainage which will not result in flooding of homes based on the 100-year storm. If the pump station within Village III is to be utilized to discharge storm water from the Village IV and V lakes into Dredger Cut via Fallman Canal, it shall be designed to operate considering anticipated sedimentation of the lake systems and have an emergency COA-26 pumping system of adequate size to handle design flows from Villages III, IV and V. 84. The North and South Lakes, located between Villages IV and V shall be designed to accommodate increased runoff from Village V. A hydrology report and calculations for the Villages III, IV and V lakes shall be submitted for the review of the Public Works Department. 85. Applicant shall collect and convey storm drainage in the marina area if it is constructed, 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 condition of approval shall be a part of any future required entitlement for this marina facility. Miscellaneous Drainage Requirements 86. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s)in a concentrated manner. National Pollutant Discharge Elimination System MDES) 87. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (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, or Central Valley - Region V). Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program in effect when the project application was deemed complete on December 20, 2004 for the site's storm water drainage: • Minimize the amount of directly connected impervious surface area. • Stenciling all storm drain inlets ("No Dumping, Drains to Delta") using thermoplastic tape. (EIR Mitigation Measure 4.1-10) • Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. • Other alternatives comparable to the above as approved by Public Works. • Shallow roadside and on-site swales. COA-27 • Distribute public information items regarding the Clean Water Program to buyers. • Shared trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. 88. Applicant shall make an effort to incorporated post-construction BMPs into the design of the project for pre-treatment of storm water runoff, for the review of the Public Works Department. The use of grassy swales, disconnected impervious surfaces and landscape strips to convey storm water into storm drain systems can greatly reduce contaminants into the lake and ultimately into the natural watercourse. Such measures could not only facilitate good water quality within the lake and natural watercourse, but can prove to be a cost effective design. Lake Management(Private Facility) 89. Submit a Lake Management Program prepared by a professional in the field, which clearly specifies the following: the design parameters for the lake system; anticipated problems and proposed methods of maintenance; NPDES requirements for water quality. The anticipated problems shall include,but not be limited to, control of undesirable algae and plants; control of high nutrient levels; maintenance of adequate oxygen level; need for periodic dredging; and potential need of cleaning up roadway contaminants and household contaminants which may drain into the lake prior to discharging the storm water into Dredger cut. Provide a maintenance entity, such as a homeowners association, which includes provisions to assure perpetual maintenance (EIR Mitigation 4.1-7) 90. The lakes shall incorporate a water circulation system capable of pumping the quantity of flow necessary to sustain water quality and accommodate the 100- year storm based on the proposed lake configuration (Finding for Impact #1, MM.c.). 91. Downstream drainage facilities shall be designed to collect and convey the storm water flow based on the design storm. If the lakes are to function as detention basins with this development, they must be sized in accordance with Title 9 of the Ordinance Code (Finding for Impact #84, MM.c.). The lake/detention basin will be maintained by a homeowners association and will not be publicly maintained. 92. Provide screens on the lake circulation system and provide catch basins, with screens/filters, for run-off into the marina to screen floating trash from entering the lakes and the Delta, and implement passive "best management practices" such as the labeling of storm drains to reduce dumping. (EIR Mitigation Measure 4.1-10) (Finding for Impact#5, MM5.c.). COA-28 93. As a condition of approval for any future entitlement for the marina facility and prior to issuance of a grading permit for the marina, the applicant shall complete a bank scouring and erosion study of impacted segments of Dredger Cut and Kellogg Creek analyzing project impacts resulting from marine traffic and lake circulation. The study shall be subject to the review and approval of the Public Works Department. The applicant shall implement mitigation measures prior to or concurrently with the construction of the marina if any significant impacts are identified. Maintenance (Private Facilities) 94. Applicant shall establish covenants, conditions and restriction for the development that clarifies the management of all lake improvements, private roads, private storm drainage, levees, certain lighting, landscaping and marina facilities within the private portion of the development that will be maintained, through a maintenance agreement, by the homeowners within the development via the homeowners association, or another entity, subject to the review of the Zoning Administrator. 95. Prior to filing a Final Map, the applicant shall provide a list of facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department. Creek Structure Setback 96. Applicant shall create "creek structure setback lines" over that portion of the site that is within the creek structure setback area of the watercourses traversing the northerly property line and existing natural watercourses through this development. The creek structure setback area shall be determined by using the criteria outlined in Chapter 914.4, "Rights of Way and Setbacks", of the Subdivision Ordinance. "Development rights" shall be conveyed to the County by grant deed. Project Levees(Private Facilities) 97. 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 prior to filing a Final Map in Village V (EIR Mitigation Measure 4.17). 98. The proposed levee system around Village V shall be constructed to FEMA, U.S. Army Corps of Engineers, Zoning Administrator and County standards. The homeowners association, or acceptable maintenance entity, such as a reclamation district, shall maintain the levee system. C OA-2 9 99. Landscaping of the levees shall be subject to the review of FEMA and the entity that will accept the levees for maintenance, and the review and approval of the Zoning Administrator. 100. Provide deed notification and CC & R's for elevation restrictions on applicable lots to prevent degradation or work which may adversely impact the levee system, and provide for raising of levees. 101. The developer shall be aware that the levees protecting a portion of this development are subject to failure if not properly maintained. The developer shall execute a mutually agreeable recordable document with the County, which states that the developer (and the owner and the future owners of the property) will hold harmless Contra Costa County and the Contra Costa County Flood Control and Water Conservation District in the event of damage to the on-site improvements as a result of levee failure. 102. In the levee areas, access shall 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. Floodplain Management 103. Village V shall be protected by a levee constructed to at least elevation 11.9 feet mean sea level with the ability to elevate to at least 12.9 feet mean sea level and elevated further in accordance with the County Floodplain Management Ordinance and FEMA regulations (assuming anticipated subsidence and sea level rise). Homeowners shall be advised through a deed notification of the potential sea level rise. (Finding for Impact#4,NIM4.C.1.) Traffic Mitigation Fees 104. The project traffic mitigation fees will be collected at the time of the building permit for each residential unit or commercial use of this development. No mitigation fees will be collected from non-residential or non-commercial construction. The project traffic mitigation fees shall consist of: • The Eastern Contra Costa Regional Fee and Financing Authority Fee (ECCRFFA). This fee is for construction of the State Highway 4 Bypass and related improvements. • The East County Transportation Improvement Authority Fee (ECTIA). This fee is for construction of the State Highway 4 Bypass and related improvements. • The East County Regional Area of Benefit fee (ECRAOB). This fee is to improve local roads identified on the Circulation Element of the County General Plan. COA-30 • The Discovery Bay Project Traffic Mitigation Fee. This fee (revised annually to reflect inflation, using the State of California Construction Cost Index as published annually by Caltrans, as a reference) is less the East County Regional Area of Benefit Fee and issued to mitigate project impacts not covered by the above fees. The difference between the adjusted Project Traffic Mitigation Fee and the ECRAOB fee shall be put into an interest earning Road Improvement Trust (Fund No. 0682-9752 or other project specific fund)to be used to mitigate off- site local road and intersection improvements as reasonably determined and approved by the Public Works Department, which are identified in the EIR or the Flexible Mitigation Monitoring Program, and are not included in an established area of benefit. These funds will not be used for on-site improvements; frontage improvements; or any necessary construction traffic mitigation along the specified project construction haul routes. If, after the 200th building permit, the Flexible Mitigation Monitoring Program determines that traffic assumptions have changed significantly and a modification to the mitigation is necessary, the adjusted Project Traffic Mitigation Fee contribution shall be modified at the 201st building permit to reflect the additional mitigation not identified in the ECCRFFA, ECTIA or the ECRAOB. Flexible Mitigation Monitoring Program 105. This subdivision is subject to the Flexible Mitigation Monitoring Program set forth in the conditions of approval for Subdivision 8023. The program shall allow the development of up to 432 units based on these conditions of approval, plus additional units subject to review of the traffic assumptions in the EIR. 106. The traffic assumption review shall take the form of a letter report summarizing the observed project development trip generation/distribution and the most current roadway improvement assumptions in East County. This new information will be compared with the EIR assumptions and a reasonable conclusion made as to whether or not traffic assumptions have changed which could result in new, or additional, significant project impacts to the surrounding road network not already identified in the EIR. 107. The Flexible Mitigation Monitoring Program will review the traffic assumptions no sooner than at the 200th and shall be completed respectively by the 300th to determine if the traffic assumptions in the Environmental Impact Report are still valid (scheduling of implementation of the State Route 4 Bypass shall be considered). COA-31 • If the initial assumptions made are still valid, the mitigation measure will remain unchanged, and the applicant will be require to comply with the conditions of approval as stated, and continue to contribute to the Project Traffic Mitigation Fee for additional off-site road improvements. • If the traffic assumptions have significantly changed for the worse and there could be new, or additional, significant project impacts not identified in the EIR, the applicant shall perform a more detailed traffic study to determine traffic impacts and recommend mitigation measures based on the new traffic assumptions. The traffic study, and the proposed traffic mitigation measures shall be subject to the review and approval of the Public Works Department. The traffic mitigations measures, if different from those identified in the EIR, may be subject to review at a public hearing. Any significant project related traffic impact which cannot qualify for any fee area (AOB) would be the responsibility of the project applicant to mitigate on a fair share basis. • Newly identified significant traffic impacts shall require mitigation only if the level of service does not meet the adopted traffic level of service standard. The project applicant shall arrange for mitigation of such newly identified significant and warranted traffic impacts prior to issuance of the 300th Building Permit. 108. Impacts which were identified in the initial EIR project list will be considered satisfied for that increment of time if the traffic assumption review shows impacts are insignificant (subject to the review at a public hearing if required by law), and the approval of the Zoning Administrator. (Findings for Impact #36,MMA.C.) 109. The applicant shall pay for all reasonable and verifiable staff time involved in preparation of the staff study,the Flexible Mitigation Monitoring Program,the proposed traffic mitigation measures, and monitoring of the project and review of these studies,program and monitoring. 110. The project applicant shall pay its share of the costs of the future environmental review documentation required for: any necessary modification of the project EIR; new project traffic mitigation not identified with these project approvals; modification of the area of benefit to reflect additional projects as a result of Discovery Bay West; and modification of the County General Plan to accommodate the same purpose. The applicant shall only be required to pay a fair share of the cost of modification of the area of benefit program if projects are being added throughout the program areas. However, if the area of benefit is modified solely at the applicant's request to add mitigation measures from this project, then the applicant shall bear all costs. COA-32 Construction Truck Traffic 111. The applicant shall direct construction related truck traffic to the site via Bixler Road from State Highway 4 or via Point of Timber Road. Large- load/semi traffic shall be directed to use Point of Timber Road and may only use Bixler Road north of Point of Timber Road. Construction Road Maintenance Agreement 112. Construction truck traffic monitoring: If the applicant uses non-designated streets for construction truck traffic,he shall repair the roads to the pre-project condition prior to filing the next Final Map subject to the review and approval of Public Works. If the maintenance is not completed in a timely manner, the County will activate the Construction Road Maintenance Agreement, which should have been executed prior to the approval of the first phase of subdivision improvement plans for SUB 7686, for funds to perform the maintenance. If a Construction Road Maintenance Agreement has not been executed, the applicant shall do so prior to the approval of improvement plans for this phase(Village V). 113. Provide sufficient parking on-site for construction crews and associated personnel. The applicant shall not permit construction crews and equipment to park along currently existing public roads or interfere with neighboring agricultural operations. 114. Applicant shall indicate on all subcontracts, bulk and custom lot sales contracts, homeowners association documents, et al, that construction truck traffic shall use State Highway 4 and Point of Timber Road as construction access to this development. Reimbursement 115. Certain required road improvements may be eligible for credit or reimbursement against Area of Benefit fees. The developer shall contact the Public Works Department, Transportation Engineering Division, to verify the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, or filing of any Final Map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be available for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are programmed with the next three fiscal years. Any credit or reimbursement shall be based on the cost estimates included in the Area of Benefit Development Program Report only in proportion to each specific Area of Benefit improvement, which the applicant is installing. COA-3 3 116. The applicant is also eligible for reimbursement from adjacent and nearby future developments as outlined in (COA #117) below. If the applicant requests reimbursement from the County from future development, the applicant shall be required to pay the County for administrative costs associated with these reimbursement agreements. The applicant shall make a deposit to the Public Works Department, Engineering Services Division, of at least $1000.00 or as necessary, to cover expenses as they are incurred. Applicant shall be responsible for all costs for administration of each reimbursement agreement above the initial deposit. Any unused portion of this deposit will be returned to the applicant. 117. The applicant shall be eligible for the following reimbursement agreements: • Installation of off-site road improvements not covered by an area of benefit, but covered by the Project Traffic Mitigation Fee paid by the applicant and collected by the County, may be credited toward the applicants Project Traffic Mitigation Fee, subject to the approval of Public Works. 118. The County will also cooperate with the applicant to "call-up" certain Deferred Improvement Agreements (DIAs), which may exist on surrounding properties to facilitate and expedite the construction of facilities whose installation is now justified. Miscellaneous 119. Prior to issuance of Building Permits, with the exception of model homes, file the Final Map. 120. Applicant shall comply with the County TDM Ordinance and the Growth Management Program regulations regarding transportation. TDM measures that could be used by the project applicant can include the provision of maps showing available transit routes, and a providing information to prospective homebuyers on ride sharing and vanpool services. 121. Prior to filing of the first Final Map, the applicant shall pay the County for all Public Works and Community Development Department staff time for work reviewing and commenting on this project through the planning and approval process which has not been covered by the application fees previously paid by the developer for this purpose. ADVISORY NOTES ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OR APPROVAL ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF COA-34 ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT, A. NOTICE OF 94-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources,per the Fish and Game Code. C. Applicant must comply with the requirements of the Health Services Department. D. Applicant must comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. TheJ ro'ect lies within the 100-year flood boundary as designated on the Federal p Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Programs and the County Flood Plain Management Ordinance (Ordinance No. 2003-33) as they pertain to future construction of any structures on this property. F. This project may be subject to the requirements of the U.S. 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. G. The applicant must comply with the requirements of the East Contra Costa Fire Protection District. The Fire District submitted the following comments: 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 two hydrants while maintaining 20 pounds residual pressure in the main. (903.3) CFC COA-3 5 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 the site plan. (903.4.2) CFC 3. Provide access roadways with all weather driving surfaces of not less than 16 feet unobstructed width and not less than 13 feet 6 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 Notes: • Access roads of 20 feet or less of unobstructed width shall have approved "NO PARKING" signs posted or curbs painted red with the words "NO PARKING-- FIRE LANE" clearly marked. Roads 28 feet in width shall have approved "NO PARKING" signs posted, allowing for parking on one side only, or curb painted red with the words "NO PARKING — FIRE LANE" clearly marked. Roads 36 feet in width allow for parking on both sides. 4. The developer shall submit three (3) copies of site improvement plans indicating fire apparatus access for review and approval prior to construction. (901.2.2.1) CFC 5. Access roads and hydrants shall be installed, in service and approved prior to construction. (8704.1) CFC 6. Approved premises identification shall be provided. Such numbers shall contrast with their background and be readily visible from the street. (901.4.4) CFC H. Applicant must comply with applicable requirements of the Regional Water Quality Control Board. COA-36 Exhibit #5 Staff Reports to the East County Regional Planning Commission dated May 23 , 2005 and June 13 , 2005 Agenda Item#-'Y-o!� Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, MAY 23, 2005 I. INTRODUCTION HOFMANN LAND DEVELOPMENT CO. (Applicant & Owne), County Files GP03- 0007, RZ04-3142, SD04-8828 & DP04-3019: Applicant requests approval of a General Plan Amendment, Rezoning, Major Subdivision and amendment to the Preliminary Development Plan for the Discovery Bay West project, as follows: A. General Plan Amendment#GP03-0007 Change the General Plan land use designation for approximately 25 acres from Delta Recreation & Resources to Single-Family Residential High-Density (SH), the land use designation for approximately 70 acres from Single-Family Residential Medium- Density (SM) to SH, the land use designation for approximately 3 acres from SM to Parks & Recreation (PR), and the land use designation of approximately 2 acres from PR to SH; B. Rezoning#RZ04-3142 The project site to be rezoned from P-1 Planned Unit District to a revised P-1 Planned Unit District; C. Major Subdivision#SD04-8828 The project site to be subdivided into 432 single-family residential lots; and D. Preliminary Development Plan Amendment#DP04-3019 The development of 432 single-family residential lots, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120-slip marina and 7 acres of boat storage and parking for the marina. The proposed project involves the eastward expansion and reconfiguration of the eastern half of the area designated "Village IV" on the subdivision map and preliminary development plan for Discovery Bay West (County File #SD917686 and #DP913025, respectively) approved by the County Board of Supervisors in 1995. As a result of the proposed project, the Discovery Bay West development as a whole would remain below the 2,000-unit limit for which it was approved in 1995. The project site is located within the development known as "The Lakes at Discovery Bay," approximately 1,000 feet east of the Bixler Rd./Balfour Rd. intersection, in the Discovery Bay Area. (Zoning: P-1) (Zoning Atlas Page: M-28m) (Census Tract 3040.00) (APNs: 011-241-006, 007, 008). II. RECOMMENDATION A. Find that the Mitigated Negative Declaration was presented to the East County Regional Planning Commission and the East County Regional Planning Commission reviewed and considered the information contained in the Mitigated Negative Declaration prior to making a decision on the project; B. Find the Mitigated Negative Declaration reflects the County's independent judgment and analysis and was prepared consistent with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines and designated the Community Development Department as the custodian of the documents which constitute the record of the proceedings upon which the decision is based; C. Find that on the basis of the whole record before it, the County has determined that there is no substantial evidence that the project will have a significant effect on the environment; D. Adopt a motion to recommend that the Board of Supervisors approve the following: 1) amend the Land Use Element of the Map of Contra Costa County General Plan (2005- 2020) to re-designate portions of the subject property from Delta Recreation and Resources (DR) to Single-Family Residential-High Density (SH), Single Family Residential—Medium Density(SM) to Single Family Residential—High Density(SH), Single Family Residential — Medium Density (SM) to Parks and Recreation (PR), and Parks and Recreation (PR) to Single Family Residential — High Density (SH); and, 2) make clarifying text changes in the Land Use Element at subheading entitled "Policies for Discovery Bay Area". The recommendations for the General Plan Amendment are more fully described in the attached resolution. E. Adopt a motion to recommend that the Board of Supervisors approve the proposed Rezoning from P-1 Planned Unit District to a revised P-1 Planned Unit District. F. Approve the vesting tentative map for the Major Subdivision, County File #SD048828, based on the findings contained in the attached resolution and subject to the attached conditions of approval and mitigation measures and contingent upon the Board's approval of the General Plan Amendment and Rezoning; G. Adopt the mitigation measures contained in the attached Mitigation Monitoring Program. III. GENERAL INFORMATION A. Environs: Village V is proposed within the Discovery Bay West development, which is located along the east side of Bixler Road in eastern Contra Costa County. Village V's SR- 2 southern boundary is the East Contra Costa Irrigation District canal located approximately 1 mile north of the intersection of Bixler Road and State Route 4. The eastern boundary is Werner Dredger Cut. Discovery Bay West Villages III and IV are immediately adjacent to the west. Private agricultural uses lie to the north. The project site is within the Urban Limit Line of Contra Costa County. B. Protect Site: The site is approximately 152 acres and is vacant. The majority of the site is flat except for a portion that has been raised several feet consistent with the original approval for the Discovery Bay West project. Vegetation includes native grasses and several trees along the perimeter. The site contains such biological resources as wetlands and habitat for species of special concern. C. General Plan: The current General Plan land use designations for the site are Single- Family Residential High-Density, Single-Family Residential Medium-Density (SM), Delta Recreation&Resources (DR) and Parks &Recreation(PR). D. Zonin : The entire site is zoned P-1 Planned Unit District. E. CEQA Status: An Initial Study and Mitigated Negative Declaration (MND) were prepared for this project in accordance with the requirements of the California Environmental Quality Act. The MND was posted with the State Clearinghouse on February 25, 2005 with the public comment period ending March 28,2005. The purpose of the Initial Study was to determine what further CEQA analysis, if any, was needed to allow the proposed changes to this previously approved development. It assessed whether the proposed project is "within the scope" of the 1994 Final EIR (FEIR) for the Discovery Bay West General Plan Amendment and Related Actions and examined the continued applicability of the 1994 FEIR. The Initial Study assessed 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 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 FEIR was certified such that major revisions of the previous 1994 FEIR would be required (CEQA Guidelines Section 15162). As a result of this analysis, the project was found to be substantially within the scope of the 1994 FEIR. However, potentially significant impacts not identified in the 1994 FEIR were identified in the following areas: • Aesthetics Potential aesthetic impacts are related specifically to the possible development of the marina further south than was originally anticipated. A detailed discussion of these impacts and the associated mitigation measures can be found on pages 33-35 of the Initial Study. SR- 3 • Biological Resources Potential impacts to biological resources are related to the filling and development of land further south and east than what was previously analyzed. Potential impacts to several sensitive plant and animal species were identified. Certain specific impacts are related to development of the marina. A detailed discussion of these impacts and the associated mitigation measures can be found on pages 3 9-5 3 of the Initial Study. • Geoloy& Soils A potential impact to geology and soils is related to the overall development proposal. A detailed discussion of this impact and the associated mitigation measure can be found on pages 54-57 of the Initial Study. • Hazards Potential impacts involving hazards are related to the proposed development of single-family residences adjacent to a petroleum and natural gas pipeline easement that contains three transmission lines. A detailed discussion of these impacts and the associated mitigation measures can be found on pages 57-59 of the Initial Study. Comments on the Initial Study and Mitigated Negative Declaration were received from several agencies and are addressed under"CEQA Comments"below. F. Regulato^ Pro_ ams: • Flood Zoite A: The site is currently mapped in flood zone A2. Upon completion of grading the site would be redesignated Flood Zone C through a Letter of Map Revision as has been done with the previous phases of Discovery Bay West. IV. AGENCY, GROUP AND PUBLIC COMMENTS Copies of this application were circulated to several agencies. Comments were received from the following: A. Contra Costa County Building Inspection Department B. Contra Costa County Public Works Department. C. Contra Costa County Health Services Department. D. California Historical Resources Information System. E. Contra Costa County Consolidated Fire Protection District. F. Town of Discovery Bay Community Services District. G. U.S. Army Corps of Engineers. H. Byron Union High School District. I. Knightsen School District. SR-4 All comments are attached. No comments were received from the following: Health Services Department, Flood Control District, Sheriffs Office, U.S. Fish & Wildlife Service, California Department of Fish &Game, Liberty Union High School District. V. PROPOSED PROJECT A. General Overview: The proposed project involves the development of 152 acres (13.9 percent) of the approximately 1,089 acres of the Discovery Bay West project. The proposed land uses are as follows: • Housing,Types 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 189625 square feet, with the average lot size approximately 7,000 square feet. Home sizes are expected to range up to approximately 4,800 square feet. Ninety-three z-pattern design homes are proposed for the lots that are 5,000 square feet in size. Consistent with the review procedures for the Discovery Bay West project to date, the architectural designs of the residences would be subject to the review and approval of the Zoning Administrator prior to issuance of building permits. • Parks, Recreation, and Open Space Facilities 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 include 17 acres of lakes, 4 acres of landscaped utility easements, 8 acres of parks, baseball and soccer fields, 25 acres of landscaped/open space areas and approximately 128 acres of wetlands, for a total of approximately 306 acres for all of Discovery Bay West. The cumulative creation of open space and recreation areas of the Discovery Bay West project exceeds the General Plan requirements. Recreational facilities may also include a 120-slip marina with a boat launch and additional room for dry boat storage. B. Densit : The proposal is for 432 single-family units on 96 gross acres. The net acreage is considered to be 75% of the gross acreage, or 72 acres. This translates to a density of 6.0-units/net acre, which is consistent with the allowed density of 5.0-7.2 units/net-acre for the proposed General Plan land use designation Single-Family Residential High- Density. SR- 5 C. Streets & Circulation: All of the streets within the project would be maintained by the local homeowners association and must be built to County standards. The main access to the site is at the main gated entry for "The Lakes at Discovery Bay" at the Balfour Road/Bixler Road intersection. The Village III, IV, and V area has been designed to be connected with a continuous interior loop road. As required in the original approvals, an emergency vehicle access to Bixler Road has been established at the north end of g y Village IV and a resident only ingress/egress point (Denali Drive) connects to Bixler Road at the south end of Village M. The continuation of the Village EWIV trail/bike path system would provide access to all lakes and amenities. D. Zoning Standards: The zoning standards would be based on the conventional R-6 District with modifications. Zoning Standards for Discovery Bay West Village V Land Uses: Per R-6 Single Family Residential District Lot Area, Width, Variable per Discovery Bay West Village V tentative map. Depth: Building Height: Primary: Two and one-half stories and 35 ft. max. Accessory: One story and 12 ft.max. Yard Setbacks: Side yard=0 ft. for zero lot line/duets or 4 ft. min. for detached(lots 1-93); 5 ft. min. (lots 94-432) Aggregate side yard= 8 ft. min. (lots 1-93); 10 ft. min. (lots 94-432) Accessory building side.yard: 3 ft..min. plus 1 ft. for each foot of wall/column height above 8 feet. Front yard = 10-15 ft. on sidewalk side of street/15-20 ft. on non-sidewalk side (lots 1-93); 15-20 ft. on sidewalk side of street/20-25 ft. on non-sidewalk side (lots 94-432); 50 ft. min. for accessory structures. Secondary frontaie= 5 ft. min. Rear yard= 15 ft. min. Parking Minimum two off-street parking spaces per lot. E. Landscaping: The landscaping themes established for the existing gated areas of Discovery y Ba West would be continued in Village V. Street trees would be installed and the areas surrounding the lakes would be extensively landscaped. Front-yard landscaping would vary between developers. All landscaping would be subject to the review and approval of the Zoning Administrator. VI. STAFF DISCUSSION A. Valuable Consideration for County Relinquishment of Development Rights: The original approval for Discovery Bay West required a dedication of development rights by the applicant to 200 acres known as the Fallman Ranch east of Villages III and IV to the County for the purpose of maintaining the 65/35 Land Preservation Standard and for protecting a large area that had been surveyed as U.S. Army Corps SR- 6 of Engineers (USACOE) jurisdictional wetland. In 2001, the applicant's biological consultant performed an updated survey of the jurisdictional wetlands within the 200- acre dedication area and prepared a revised wetlands delineation map. The new delineation has identified a total of 127.79 acres of wetlands meaning some of the previously designated acreage was removed from the USACOE jurisdiction. 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 to take advantage of the less sensitive land. Before residential development can occur to the east of Villages III and IV, the development rights that the County holds over approximately 25 of the 200 dedicated acres must be returned to the applicant. However, the County must be compensated for the loss of these development rights. Being aware of this requirement, the applicant has purchased 70 acres on the west side of Bixler Road north of Point of Timber and desires to use that land as compensation. The 70 acres is located on the outside of the Urban Limit Line within the Agricultural Core (AC) and is zoned in the A-40: Exclusive Agricultural District. A representative of the Town of Discovery Bay Community Services District CSD) has indicated their interest in potentially developing these 70 acres for use as a community center that might include ball fields, tennis courts, and a swimming pool. Development of a community center on land zoned for agricultural use would require the issuance of a land use permit, as specified the under the County Zoning Ordinance Code. County Code Section 84-38.404 which applies to the A-2: General Agricultural and A-3: Heavy Agricultural districts allows upon issuance of a land use permit ... "(10) Community buildings, clubs, activities of a quasi-public, social, fraternal, or recreational character, such as golf, tennis, or swimming clubs, or veterans' or fraternal organizations. These uses are prohibited if organized for monetary profit". Similarly, the A-20: Exclusive Agricultural district, under Section 84-80.404, allows upon issuance of a use land use permit it allows ..... "(14) Community buildings, clubs, activities, or a quasi public, social, fraternal or recreational character. However, it is noted that both the A-40: Exclusive Agricultural and A-80 Exclusive Agricultural districts specifically prohibit the issuance of a land use permit for such uses. As referenced above the 70-acre of land area in the northwest corner of the Bixler Road and Point of Timber Road intersection sits within the Agricultural Core and is zoned A-40. The Community Development Department has advised the CSD representative that since the subject land is presently located within the Agricultural Core and it is zoned A-40, it would not be possible at this time to consider a land use permit for a community center for two reasons. First, as explained above there is no provision in the A-40 zoning district to issue a land use permit for a community center. Second, the community center is a use or an activity that would be inconsistent with General Plan policies for the Agricultural Core and related policies concerning the Urban Limit Line. The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the County that are most capable of, and SR - 7 generally used for, the production of food, fiber, and plant material. In this regard the General Plan states that the uses allowed in the Agricultural Core designation are the same as those allowed, without the issuance of a land use permit, in the Agricultural Lands (AL) designation". The plain language under the Agricultural Core designation limits usep ermits, except in the case of a winery or olive oil mill which are incidental to the agricultural use of the land. Additionally, there are other related policies in the General Plan that conflict with the idea of locating a community center in the subject location, such as Policy 3-10, Land Use Element, which discourages the extension of urban services into agricultural area outside the Urban Limit Line (a community center at this location would presumably require the extension of urban services, such as water and sewer). The concept of using the subject location for a community center would certainly require amending the General Plan, to change the land use designation for the location, and potentially amending the Measure C-1990: The 65/35 Contra Costa County Land Preservation Plan Ordinance, which not only established the Urban Limit Line but also mandated the protection of prime agricultural cultural lands, including the Agricultural Core. It is noted that amending the Measure C-1990 ordinance prior to its term of duration on December 31, 2010 would require countywide voter approval. The applicant has made two compensation proposals, as outlined below. 1. Option 1 "Hofmann Land Development Company (HLD) will execute an Agricultural Conservation Easement agreement with the Brentwood Agricultural Land Trust (GALT) of the form attached as Exhibit "A". Hofmann would retain the right to build two single-family residences ippon the property, on a lot configuration mutually agreed by Contra Costa County (Co Co Co), HLD and BALT. HLD would follow a lot merger or other process to reduce the number of legal lots from 7 to 2. .?y Option 1 creates an agricultural conservation easement over the 70 acres. This approach would be consistent with the General Plan. The County agrees with the concept of this proposal. However, the County cannot agree to the proposal as presented because the easement agreement referenced as "Exhibit A" is only a model and does not specify the exact easement conditions and restrictions for these particular parcels. The County could agree to a revised proposal that includes all of the following provisions: a. The seven parcels would be reconfigured as approved by the County into two parcels, with one being 40 acres and the other constituting the remaining acreage. SR- 8 b. Upon completion of the reconfiguration, all development rights to the two parcels would be grant deeded to the County. The language of the Grant Deed of Development Rights would be subject to the review and approval of the Zoning Administrator prior to recordation. The language would be written to ensure that the Grant Deed provided for the adequate protection of agricultural uses on each of the parcels. c. The Grant Deed would specify that development of each parcel could occur only in the following manner: • A one-acre building envelope would be designated on each parcel within the 20% of the parcel closest to Bixler Road as measured in linear feet. Within this building envelope a residence and its appurtenant structures such as sheds, swimming pools, pool houses, garages, tennis courts, etc. could be constructed. Only the driveway could be located outside of the building envelope. • The remainder of the front 20% of each parcel could be developed with buildings and structures related to agricultural uses. • The rear 80% of each parcel would be reserved exclusively for cultivation. The County would require recording of the Grant Deed prior to filing a Final Map for any phase of Village V. Condition of Approval #20 has been left blank to allow for this option to be inserted as a condition of approval. 2. Qption 2 "Hofmann Land Development Company (HLD) will execute an Agricultural Conservation Easement agreement with the Brentwood Agricultural Land Trust (GALT) of the form attached as Exhibit "A". Hofmann would retain the right to build two single-family residences upon the property, on a lot configuration mutually agreed by Contra Costa County (Co Co Co), HLD and GALT. HLD would follow a lot merger or other process to reduce the number of legal lots from 7 to 2. This Agricultural Conservation Easement Agreement between HLD and BALT would not be immediately recorded nor would it become effective. It would, however, become an Exhibit to a Grant Deed of Development Right from HLD to Contra Costa County and become effective under the terms outlined below. " "The Grant Deed of Development Right from HLD to Co Co Co under this Option 2 would include the following elements and provisions: a. If Co Co Co and/or the Town of Discovery Bay are able to secure the necessary development approvals to construct a Community Center upon the subject property or of a portion thereof, HLD shall deed the portion of SR- 9 the site to the Town of Discovery Bay and/or Co Co Co at no cost to Town or Co Co Co. At the time the subject property is conveyed HLD shall pay to Co Co Co (or Town) the $625,DDO (as adjusted by appropriate indexes) as outlined in the Community Center bond agreement approved by the Board of Supervisors March 11, 2000. Payment of these monies and the conveyance of the subject property shall constitute full satisfaction of the terms of the Conditions of Approval and all Agreements between HLD and Co Co Co for Community Center Obligations. b. The Town of Discovery Bay and Contra Costa County shall have 7 years from the effective date of this agreement to accomplish the necessary land use entitlements to permit the construction of the Community Center facilities. If at the end of 7 years the proposed uses of the properties are not established the Grant Deed of Development Right to Brentwood Agriculture Land Trust attached as Exhibit "A" shall become effective for the portion of the Bixler property not committed to Community Center use and Hofmann Land Development shall, by merger or other operation, reduce the number of legal lots from 7 to 2. HLD shall be allowed to retain ownership of the two parcels (or portion thereof) and enjoy the use of them as prescribed by the Agricultural Conservation Easement agreement. c. Execution of this agreement with Contra Costa County contemplated by this outline shall constitute full mitigation for open space and Grant Deed of Development Right responsibilities for the Discovery Bay West project and all it's components. " Option 2 establishes a grant deed of development rights over the 70 acres with provisions to allow the Town of Discovery Bay Community Services District seven years from execution of the agreement to locate and construct a community center on the land. This approach to provide the community center on the 70-acre land area would, as discussed above, not be consistent with current General Plan policies. It is too speculative at this time to know whether certain Measure C-1990 provisions effectively limiting the ability of the County to approve a community center on the 70 acres would be discontinued after Year 2010 as it would seem to be anticipated under Option 2. In addition, once the grant deed was executed, the applicant would be absolved of the requirement to provide a community center even though the execution of the grant deed would not guarantee the community center's construction. Therefore, the Department cannot support Option 2 because of inconsistencies with the General Plan and premature relinquishment of the applicant's obligations to provide a site for a community center. B. General Plan Amendment: The proposed project involves an amendment to the General Plan as described below: SR- 10 1. Change in Land Use Desi ng anon: The General Plan Amendment, which accompanies the applications for rezoning, development plan, and subdivision, is a request to change and reconfigure the land use designations on the Land Use Element Map affecting the northern portion of the Discovery Bay West site as follows: (a) the land area covering approximately 24 acres of Assessor Parcel No. 011- 241-008 would be re-designated from Delta Recreation and Resource (DR) to Single Family Residential—High Density(SH); (b) the land area covering approximately 70 acres of Assessor Parcel No. 011- 241-007 would be re-designated from Single Family Residential — Medium Density(SM) to Single Family Residential—High Density(SH); (c) the land area covering approximately 3 acres of Assessor Parcel No. 011- 241-006 would be re-designated from Single Family Residential — Medium Density(SM)to Parks and Recreation(PR); (d) the land area covering approximately 2 acre of Assessor Parcel No. 011- 241-006 would be re-designated from Parks and Recreation (PR) to Single Family Residential—High Density(SH) The proposed changes to the Land Use Element Map affecting the northern portion of Discovery Bay West above the ECCID (Fallman) canal are illustrated in Exhibits A and B attached to this report. These changes reflect the proposed eastward expansion and reconfiguration of the eastern half of the Discovery Bay West development that was previously identified as part of "Village IV". As discussed in this report, the proposed change and reconfiguration to the Land Use Element Map is mainly the result of a revised and reduced area of jurisdictional wetlands covering land east of the Village IV area of Discovery Bay West. The applicant has provided in the form of an USACOE letter, dated 2/22/2002 (see copy of letter in Appendix A, Initial Study, Feb. 2005) that verifies a revision to the acreage and extent of the wetlands delineation for this area. This letter provides substantial evidence and justification for the County to consider a new plan of this area. The proposed change in land use designations would enable the applicant to pursue a new plan for development for this area of Discovery Bay West, which is more fully described in the discussion in this report under the subheading Site Plan. Although the proposed change would alter the density, scale, and pattern of development that was originally envisioned for this area under the Discovery Bay West General Plan Amendment approved in 1994, the new plan for development under Village V would, in staffs view, be an improvement over the existing plan for the area now known as Village IV. It would significantly improve the street layout and configuration of residential lots in relation to the pipeline easement that transects through the northern area of Discovery Bay West, and it would incorporate more functionality into the open space, recreation, and trails component for the northern half of Discovery Bay SR- 11 West. This new plan for development accomplishes these improvements to the site with a minor increase in density while staying within the overall ceiling of 2,000 residential units under the original Discovery Bay West General Plan Amendment. The other key policy consideration with the proposed change in land use designation is the impact it would have on the 65/35 Land Preservation Standard adopted under Measure C-1990 and incorporated into the General Plan. The County cannot approve a General Plan Amendment that would result in violation of the 65/35 Land Preservation Standard— an increase the amount of land area in the County devoted to urban use by more than 35 percent. The applicant is proposing to convert approximately 25 acres of land now designated as DR (by definition a "non-urban" use under Measure C-1990), and expand the Discovery Bay West residential development into an area that was once believed to be wetlands. This would not be a significant conversion of acres from the Measure C-1990 non-urban use category to the urban use category, and it would not result in a violation of the 65/35 Land Preservation Standard (the amount of acres to be converted is statistically insignificant). Also, as discussed in the Initial Study the land area proposed for conversion is not considered to be prime agricultural land because the soil has high levels of boron and salinity. The condition of the soils in this area limits its potential for cultivation and, in fact, the land has not been in active agricultural use for many years. Converting this General Plan designated land area from DR to a residential use designation would not result in the loss of prime agricultural farmland. 2. Text Amendment To Clarify Discovery Bay West Policies: Staff has reviewed and evaluated the proposed General Plan Amendment against existing policies for the Discovery Bay Area as contained in the Land Use Element. Staff has determined that the new plan for development under this proposed General Plan Amendment would substantially conform to the spirit and intent of these policies, but recommends the following text amendments to provide greater clarity and policy guidance: Policy 3-184, Pages 3-61 to 3-62, (see redline/strikeout for text changes) Conservation and Open Space "(a) The Discovery Bay West project shall provide open space as part of the land use concept to ensure compliance with the County's 65/35 Land Preservation Standard. For this purpose, the project shall include dedication of development rights to the 9 175 (+/-) acres of the former Fallman Ranch in the northeast portion of the GPA area, and, in exchange fro development on approximately 25 acres of the former Fallman. Ranch, provide an equivalent fonn of dedication of development rights at an off-site location to be approved by the County. Additionally, it shall provide a SR - 12 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 (in southeast portion of project), pocket parks, landscaped area, and trails." "(d) Jurisdiction wetland areas, as :revised by the 'U.S. Army Corps ofEnszineers on. February 22, 2002, planned for open space uses shall have development rights for these areas dedicated to the County prior to construction of any portion of the proposed project that is north of the ECCID Canal". Land Use "(h) The Discovery Bay West project shall be designed as a mixed use density residential project which shall include both attached and detached units in differing density to serve a broader range of housing needs. Property generally east of the lakes is to be designated Single Family Residential- Medium Density, except that north of the Fallman Canal and east of the lakes Sin le-Fami1 Residential.— High Density is permissible in Vill.a�e V. The remaining residential lands are to be designated Single Family Residential — High Density. The design shall allow for internal project amenities such as recreational areas, community focal points and the like Senior housing projects shall be encouraged. C. Site Plan: The Village V site plan is a significant departure from the original plan approved for Village III/IV area. The three major features of the new plan are an eastward expansion of the development area, a deviation from the development pattern establish in Villages 11, III and IV and the relocation of the marina to a point further south. As discussed above, the acreage of jurisdictional wetlands to the east has been reduced, making additional land available for potential development. Approximately 25 acres east of the original boundary of Villages 111 and IV would be graded for residential uses. Because the wetland area has been reduced and the County will receive compensation for the lost open space, this eastward expansion of the development area is inconsequential. The Village V site is transected by a 75-foot wide utility easement containing two natural gas pipelines operated by PG&E and a petroleum pipeline operated by Kinder Morgan, Inc. The original Village IV plan did a poor job of incorporating this easement, resulting in unnecessary cul-de-sacs, strangely shaped lots and under- utilized land along the easement. Instead of superimposing the grid-like street pattern developed for Villages II, 111 and IV over the easement and interrupting the loop streets where necessary, the streets in Village V radiate off of the easement, thereby incorporating it and making it an integral part of the site layout. This is a significant improvement over the original plan. SR - 13 The original Discovery Bay West plan called for a 45.6-acre 330-slip marina running north-south along the eastern edge of Villages III and IV. In the revised plan the marina has been reduced to approximately 27 acres that includes 120 slips, parking and a dry boat storage area and has been moved south so that it sits alongside Village III only, immediately north of the Fallman Canal. In terms of land use and site layout, this relocation is inconsequential. While two potential environmental impacts arise related to aesthetics, they can be mitigated to less than significant levels as described in the Initial Study. The Village V site plan is an improvement over the existing plan due to the improved integration of the pipeline easement. The eastward expansion and relocation and downsizing of the marina do not enhance or detract from the project. D. Regional Traffic Considerations: There would be no net change in the number of homes within Discovery Bay West with the development of Village V. Therefore, the overall project trip generation that was evaluated in the 1994 FEIR would remain the same. The peak hour trip generation for the Village IV/V subarea would increase by approximately 100 trips in the AM peak hour and 150 trips in the PM peak hour, due to the northward shift in units between the subareas of Discovery Bay West. 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 traffic study found that these intersections would operate at Level of Service (LOS) B and C, respectively. With this high level of service, minor changes in the traffic volumes would not create additional impacts. A detailed discussion and analysis of the project's traffic considerations can be found on pages 80-85 of the Initial Study. E. CEQA Comments: In response to the circulation of the Initial Study and Mitigated Negative Declaration, the County received comments from five agencies. 1. Caltrans: Submitted a letter dated March 251 2005 with the following comment: "Growth and new development have occurred since the Final Environmental Impact Report (FEIR) was certified in 1994 for the Discovery Bay West General Plan Amendment and Related Actions. Please update the forecasting and traffic impact analysis for the Discovery Bay West Village V project." Response: An updated traffic study was completed for the Village V project in 2003. A traffic study was also completed for the nearby "Ravenswood" subdivision in 2002. 2. Delta Protection Commission: Submitted a letter dated March 11, 2005 with several comments. Because the project is located in the Secondary Zone of the Delta, the comments are advisory only. SR - 14 F. Comment #1.: "For most agricultural activities, a 100 foot buffer would be inadequate to separate dust, odor, noise, work early in the morning and late at night and use of various approved agricultural chemicals from new residential development. The Commission's plan, prepared in consultation with the County Agricultural Commissioners, recommends a buffer of between 500 and 1,000 feet. The buffer to the north should be reevaluated to ensure that residential development does not adversely impact the land uses and resources of the Delta Primary Zone." Response: A deed disclosure is required for each of the parcels of this subdivision that alerts potential buyers to the fact that the property is located in an agricultural area and that noises, odors, fumes, dust, smoke, insects, machinery, aircraft, etc. associated with agricultural activities should be expected. Condition of Approval #22 requires a fence at least 8 feet in height between residential parcels and agricultural activities. G. Comment #2: "The 1994 FEIR requires `exploration of pubic access for areas to the east.' The negative declaration states `potential future pubic access to the east has been accommodated by building trail clearance and access under the Oasis Drive Bridge...on the East Contra Costa Irrigation District property as required by project Conditions of Approval. The proposed project also provides trails along the eastern edge of the developed areas."' Response: The County has determined that by providing adequate clearance for an East Bay Regional Park District trail beneath the oasis Drive bridge, the requirement for "exploring public access to the east" has been met. H. Comment #3: "The negative declaration should include more specific information about any new public pedestrian and bike trails that have been constructed in the vicinity of the project site, such as trails constructed by the East Bay Regional Park District." Response: The County determined that a more comprehensive discussion of regional trails was unnecessary because the project would not have an impact on such trails. I. Comment #4: "The negative declaration should include specific information about the location and design of "trails along the eastern edge of the developed areas" and how these trails will be available to the general public (signage, parking, etc.)." Response: See response to Comment #S below. J. Comment #5: "Figure 6, Bicycle and Pedestrian Facilities does not clearly show a line of travel for the public to access trails along the eastern open SR - 15 space areas. Trails limited to use by project residents would not meet the goal of providing public access to the overall public." Response: These trails would only be for the use of residents of the gated areas of the Discovery Bay West project. Figure 6 indicates the locations of these trails. Their designs have not been finalized. The County has determined that Figure 6 accurately depicts the proposed trail system. K. Comment #6: "while the marina has been developed for use by residents only, the launch ramp could be opened to the general public to provide public access to the waters of the Delta. A public launch ramp should provide adequate parking, restrooms and trash disposal and other appropriate support facilities." Response: The marina and launch ramp would not be opened to the public. They would be maintained by the homeowners association for the sole private use of the project's residents. The orwood Resort, which is located immediately northeast of the project provides public boat launch facilities. L. Comment #7: "The Commission's plan includes a policy regarding marinas that states `New, renovated or expanded marinas shall include adequate restrooms, pumpout facilities, trash containers, oily waste disposal facilities and other facilities to meet the needs of marina tenants. Use fees may be charged for the use of these facilities but such fees shall not exceed the cost of maintenance.' The proposed marina should include appropriate facilities to protect the water quality of the Delta." Response: The applicant wishes to keep marina facilities to a minimum in order to prevent the marina from becoming a destination for non-resident boaters. However, the County agrees that the marina must include such basic facilities as those described. Condition of Approval #47 requires these facilities in the Final Development Plan for the marina. M. Comment #8: "The proposed levee cross section does not allow for clear inspection of the proposed flood control levee, nor does it describe what entity would be responsible for levee inspection and maintenance. If in the future remedial work is required to address seepage or other problems, there is no clear area for such work. In the Delta Primary Zone, reclamation districts require a clear and setback from the toe of the levee for inspection and flood fight. The revised plans should show the location point and circulation routes for levee surveillance/maintenance vehicles. The Commission's plan includes a policy applicable to the Primary Zone that states `Local governments shall use their authority to control levee encroachments that are detrimental to levee maintenance.' (Levees Policy 5, p. 43)." SR- 16 Response: Levee maintenance would be the responsibility of the homeowners association. The County agrees that adequate space should be provided to allow .finspection or levee and maintenance. Condition of Approval #54 requires a revision to the tentative map that establishes a five-foot setback from the residential property line to the toe of the levee. 3. California Regional Water Quality Control Board: Comments were received from the Board on May 12, 2005, which is after the public comment period for the Initial Study closed. Per CEQA, the County is not required to consider these comments. However, the comments were only advisory in nature, alerting the County and the applicant to applicable permit requirements and regulations. Therefore, Advisory PP Note H was added to the conditions of approval informing the applicant that the requirements of the Board must be met. 4. Town of Discovery Bay Community Services District: Submitted a letter dated April 13, 2005 that outlined a number of concerns regarding the project. N. Comment #1: In this Proposed Mitigated Negative Declaration document, there are many references through out this report that the applicant (Hofmann Land Development) shall provide various reports. For example, an annual monitoring report for "Mitigation Measure Biology — 1 d" as stated on page 42 under "Environmental Checklist". The Town would also like to receive a copy of all monitoring reports that are required. Response: The County will provide the Town with copies of any desired reports. O. Comment #2: The "Open Space" that needs to be mitigated, should be mitigated within Discovery Bay, where a majority of the community could enjoy the space. Response: The compensation proposals for the lost open space involve land located along Bixler Road, which is close to the Discovery Bay community. It should be noted that the compensation land would not necessarily be used for recreational activities, but may be used to preserve open space or agricultural land. P. Comment #3: The Town of Discovery Bay Board would like to reiterate that the Town Board is not in favor of having another marina constructed in the area, but this Board is aware that the marina was part of the original "Development Plan" approved in the 1990's. Response: Comment noted. Q. Comment #4: In Chapter 2, pg. 3, it mentions that the 1994 FEIR had a total of 227.9 acres of jurisdictional wetlands and a new delineation has identified a total of 127.79 acres. What happen here? How did the number of acres get reduced? SR - 17 Response. A new wetlands delineation was conducted in 2002 that identified significantly less wetland acreage. The Army Corps of Engineers reviewed the updated delineation and concurred with the findings. R. Comment #5: In Chapter 4, Environmental Checklist, page 43, we believe permanent signs should be placed near the entrance to the Fallman Canal about the Turtle buffer area, as well as near the south west corner of the proposed boat storage area, in order to protect and inform the general public of this habitat area. Response: Condition of Approval#30 requires such signage. S. Comment #6: Also on the same page 43, under the Pacific Pond Turtle, it recommends that the speed limits be changed and enforced. where's the mitigation for this item? Response: There does not appear to be such a recommendation on page 43. T. Comment #7: At various spots within this document, there is mention of a "Habitat Map"this District would like to have a copy of this map. Response: A copy of the map will be provided when it becomes available. U. Comment #8: Because of the existing natural gas and petroleum product pipelines that are within this new development, who plans on developing an evacuation plan for the residents in the area? Response: The local fire district and the Office of the Sheriff are responsible for preparing such plans. V. Comment #9: The following are some of the major issues we see with the proposed marina. a. Concern of up to another 300+/- boats could be launched and operated in already narrow and congested nearby water-ways, causing more boating accidents, erosion, etc. This number of 300+/- boats came from the 120-slip marina, the 67-boat storage spaces and 91-boat trailer staging/parking area. b. Nothing is mentioned about potential 600+/- traffic trips that may occur because of the proposed marina. c. Additional air or water pollution in the Delta waterways from these additional 300 +/- boats was not addressed. For example, grease from the boat trailers and fuel contaminates from the boats exhaust. d. The Town's Board is concerned that these already crowded water-ways such as Dredgers Cut and Indian Slough and the new slough from the proposed marina to Dredgers Cut will tax the already understaffed Marine Patrol, which is presently insufficient to enforce the various boating laws around the Delta and Discovery Bay waterways. SR- 18 e. The slopes of Dredgers Cut need to be protected from the additional proposed boating traffic, to prevent even more eroding along the sides of this slough. f. Noise from the loading and unloading of the boats may become an issue with the new Homeowner Association there. g. Noise from the boats engines and music systems were not addressed under "Noise"within Chapter 4 Environmental Checklist. h. No mention of how the Homeowner's Association will address any fuel or pollution issues that may occur within the 120-boat slip marina let alone a possible boat fire. i. If the Marina is approved, we believe that the following conditions of approval should be added: • The "S" curve that is east of the intersection of Indian Slough and Dredgers Cut should be smoothed out, to increase visual of other boaters in this sharp curve area. Most of the additional 300+/- boats that use this new proposed marina, must travel through this sharp curve. • Dredgers Cut should be dredged to reduce the various high spots within this slough. • Provide advance or annual funding to staff Sheriffs Marine Patrol. Response: The impacts of the marina were analyzed in the 1994 FEIR. The size and intensity of the marina would not increase beyond what was previously studied, which is why many of the Town's concerns were not addressed in the current Initial Study. Condition of Approval #47 includes provisions to guide some aesthetic and functional aspects of the marina design. The Town should be aware that a separate Final Development Plan approval is required prior to development of the marina. This affords another opportunity to address concerns and impose conditions. Staff's opinion is that that would be a more appropriate time to address the Town's concerns because conditions onsite and in the surrounding waterways could change in the interim. 5. East Bay Regional Park District: Submitted a letter dated March 28, 2005, which requested that the County seek a funding contribution from the applicant to be used for trail improvements in the Discovery Bay area. The letter also indicated that the 1:1 replacement mitigation for alkali wetlands does not adequately mitigate the impact to such wetlands and that a 3:1 ratio should be required. Response: There does not appear to be a nexus for requesting such a funding contribution. The development provides more open space and recreational areas than is required by the General Plan. In addition, there is no increase in the number of units beyond what was analyzed by the 1994 FEIR. Therefore, there would no increase in the demand for trails and other recreational amenities as a result of the project. In regards to the wetland mitigation, there is an allowance for a higher mitigation ratio depending on the quality of the wetlands being impacted. SR - 19 6. Knihtsen School District: A letter from the District's legal counsel Pinnell & Kingsley was received on March 25, 2005. Concerns were raised regarding school impact mitigations. Condition of Approval#19 addresses the District's concern. VI. PUBLIC WORKS ROAD AND DRAINAGE CONSIDERATIONS Roads: The Public Works Department has reviewed the tentative map and has proposed conditions of approval that would ensure compliance with County road standards and with the mitigation measures adopted with the 1994 FEIR. Drainage: All drainage from the project must be collected and conveyed in an adequate storm drain system to a natural watercourse or adequate man-made facilities. The applicant must demonstrate that the North and South Lakes are adequate to convey the increase in storm water runoff generated by this project. The applicant shall be required to expand the existing village IV lakes to accommodate this increase. Conveyance of clean water is of major concern throughout the County. The applicant should consider feasible solutions for alternate drainage systems and place an emphasis on complying with NPDES requirements. The applicant must propose a Storm Water Pollution Prevention Plan (SWPPP) for this project. It is the applicant's responsibility to make an effort to reduce harmful contaminants in runoff before it reaches a natural watercourse or public storm drain system. The applicant may want to consider incorporating grassy swales or filtering systems into the drainage plan. Disconnected impervious surfaces can be landscaped for aesthetics and can prove to be a cost effective alternative to conventional storm drain systems. The applicant is encouraged to provide other strategies to promote the reduction of discharge and pollutants from the project. VII. CONCLUSION The proposed project substantially conforms to the goals and policies of the General Plan. Potentially significant environmental impacts can be mitigated through implementation of the attached Mitigation Monitoring Program. The General Plan Amendment is justified by the change of circumstances in relation to the delineation of wetland areas. The General Plan Amendment would neither result in a violation of the 65/35 Land Preservation Standard, nor result in a violation of the Growth Management Standards. The rezoning to a revised P-1 district is justified for the purpose of implementing the General Plan and allowing increased design flexibility to create a harmonious development. The proposed subdivision is consistent with the proposed zoning and the General Plan, as proposed for amendment. Therefore, Staff recommends that the Commission adopt the attached resolution, conditions of approval and mitigation measures for the project. i t7l SR - 20 Agenda Item #, Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, JUNE 13, 2005 I. INTRODUCTION HOFMANN LAND DEVELOPMENT CO. (Applicant & Owner), County Files GP03- 0007, RZ04-3142, SD04-8828 & DP04-3019: Applicant requests approval of a General Plan Amendment, Rezoning, Major Subdivision and amendment to the Final Development Plan for the Discovery Bay West project, as follows: A. General Plan Amendment #GP03-0007: Change the General Plan land use designation for approximately 25 acres from Delta Recreation & Resources to Single- Family Residential High-Density (SH), change the land use designation for approximately 70 acres from Single-Family Residential Medium-Density (SM) to SH, change the land use designation for approximately 3 acres from SM to Parks & Recreation (PR), change the land use designation of approximately 2 acres from PR to SH and change the text of several General Plan policies related to the Discovery Bay West project; B. Rezoning #RZ04-3142: Rezone the project site from P-1 Planned Unit District to a revised P-1 Planned Unit District; C. Major Subdivision #SD04-8 828: Subdivide approximately 96 acres into 432 single- family residential lots; and D. Final Development Plan Amendment #DP04-3019: Develop 432 single-family residential lots, 17 acres of lakes, 8 acres of parks, 4 acres of landscaped utility easements, a 120-slip marina and 7 acres of boat storage and parking for the marina. The proposed project involves the eastward expansion and reconfiguration of the eastern half of the area designated "Village IV" on the subdivision map and Final Development Plan for Discovery Bay West (County File #SD917686 and #DP913025, respectively) approved by the County Board of Supervisors in 1995. As a result of the proposed project, the Discovery Bay West development as a whole would remain below the 25000-unit limit for which it was approved in 1995. The project site is approximately 152 acres and is located within the development known as "The Lakes at Discovery Bay," approximately 1,000 feet east of the Bixler Rd./Balfour Rd. intersection, in the Discovery Bay Area. (Zoning: P-1) (Zoning Atlas Page: M-28m) (Census Tract 3040.00) (A.PNs: 011-241-006, 007, 008). II. BACKGROUND The public hearing for the Village V project was opened on May 23, 2005. During Staff's report to the Commission and public testimony, concerns were raised regarding the proposed compensation for the County's relinquishment of a portion of the development rights that it holds over the 200-acre former Fallman Ranch, the development fees that are due to the Knightsen School District, usage of the proposed marina and the wording of several conditions of approval. The Commission continued the open public hearing to June 13, 2005 to allow for further discussion of these issues and modifications to the conditions of approval. III. STAFF DISCUSSION A. Valuable Consideration for County Relinquishment of Development Rights: As explained in the Staff Report dated May 23, 2005, the Village V project would encroach into approximately 25 acres of the 200-acre former Fallman Ranch to the east of the project site that was not originally planned for residential development. Because the County holds the development rights over this land, the applicant must provide adequate compensation if the County is to relinquish those development rights to make way for the residential development. The applicant is aware of the compensation requirement and has purchased 71.6 acres at the northwest corner of the Bixler Road/Point of Timber Road intersection to use as the compensation. The 71.6 acres is located on the outside of the Urban Limit Line within the Agricultural Core (AC) and is zoned in the A-40 Exclusive Agricultural District. A representative of the Town of Discovery Bay Community Services District (the-"CSD") has indicated their interest in potentially developing these 71.6 acres for use as a community center that might include ball fields, tennis courts and a swimming pool. The applicant has made two compensation proposals, as outlined and evaluated below: Option 1 "Hofmann Land Development Company (HLD) will execute an Agricultural Conservation Easement agreement with the Brentwood Agricultural Land Trust (GALT) of the form attached as Exhibit "A". Hofmann would retain the right to build two single-family residences upon the property, on a lot configuration mutually agreed by Contra Costa County (Co Co Co), HLD and GALT. HLD would follow a lot merger or other process to reduce the number of legal lots from 7 to 2. " Option 2 "Hofmann Land Development Company (HLD) will execute an Agricultural Conservation Easement agreement with the Brentwood Agricultural Land Trust (BALT) of the form attached as Exhibit "A". Hofmann would retain the right to SR- 2 build two single-family residences upon the property, on a lot configuration mutually agreed by Contra Costa County (Co Co Co), HLD and BALT. HLD would follow a lot merger or other process to reduce the number of legal Tats from 7 to 2. This Agricultural Conservation Easement Agreement between HLD and BALT would not be immediately recorded nor would it become effective. It would, however, become an Exhibit to a Grant Deed of Development Right from HLD to Contra Costa County and become effective under the terms outlined below. " "The Grant Deed of Development Right from HLD to Co Co Co under this Option 2 would include the following elements and provisions: a. If Co Co Co and/or the Town of Discovery Bay are able to secure the necessary development approvals to construct a Community Center upon the subject property or of a portion thereof, HLD shall deed the portion of the site to the Town of Discovery Bay and/or Co Co Co at no cost to Town or Co Co Co. At the time the subject property is conveyed HLD shall pay to Co Co Co (or Town) the $625,000 (as adjusted by appropriate indexes) as outlined in the Community Center bond agreement approved by the Board of Supervisors March 11, 2000. Payment of these monies and the conveyance of the subject property shall constitute full satisfaction of the terms of the Conditions of Approval and all Agreements between HLD and Co Co Co for Community Center Obligations. b. The Town of Discovery Bay and Contra Costa County shall have 7 years from the effective date of this agreement to accomplish the necessary land use entitlements to permit the construction of the Community Center facilities. If at the end of 7 years the proposed uses of the properties are not established the Grant Deed of Development Right to Brentwood Agriculture Land Trust attached as Exhibit "A" shall become effective for the portion of the Bixler property not committed to Community Center use and Hofmann Land Development shall, by merger or other operation, reduce the number of legal lots from 7 to 2. HLD shall be allowed to retain ownership of the two parcels (or portion thereof and enjoy the use of them as prescribed by the Agricultural Conservation Easement agreement. c. Execution of this agreement with Contra Costa County contemplated by this outline shall constitute full mitigation for open space and Grant Deed of Development Right responsibilities for the Discovery Bay West project and all it's components. " Evaluation of Options 1 &2 Option 1 As proposed, Option 1 would create an agricultural conservation easement over the 71.6 acres. The Community Development Department (the "Department") supports the concept of protecting agricultural lands. However, the Department cannot agree to SR- 3 Option 1 as proposed because the easement agreement referenced as "Exhibit A" is only a model and does not specify the exact easement conditions and restrictions for these particular parcels. Since the May 23, 2005 hearing, Staff has refined the language that was previously proposed for Option 1 to eliminate ambiguities. Condition of Approval #20 now reads as follows: "Prior to recording the Final Map for any phase of Village V, the applicant shall complete the following actions: a. The seven parcels identified as APNs 011-160-013, 011-160-014, 011-160-015, 011-160-0165 011-160-0171) 011-160-018 and 011-160-0191 which together encompass approximately 71.6 acres, shall be reconfigured as approved by the County into two parcels, with one being 40 acres and the other constituting the remaining acreage. b. Upon completion of the reconfiguration, all development rights to the two parcels shall be grant deeded to the County. The language of the Grant Deed of Development Rights shall be subject to the review and approval of the Zoning Administrator prior to recordation. The language shall be written in such a way as to ensure that the grant deed provides for the adequate protection of agricultural uses on each of the parcels. c. The grant deed shall specify that development of each parcel may occur only in the following manner: i. Upon submittal of an application for a residential building permit on each parcel, a one-acre building envelope shall be designated. This envelope shall be located within the 20% of the parcel that is closest to Bixler Road as measured in linear feet (an area approximately 260 feet deep). Within this building envelope a residence and its appurtenant buildings and structures such as sheds, swimming pools, pool houses, garages, tennis courts, basketball courts, etc. may be constructed. Only the driveway may be located outside of the building envelope. ii. The remainder of the front 20% of each parcel may be developed with buildings and structures related to agricultural uses. iii. The rear 80% of each parcel shall be reserved exclusively for cultivation. iv. Development of permanent buildings and structures that the County determines may preclude or constitute an obstruction to the development of a community center shall not occur prior to January 1, 2013." SR- 4 With these provisions, Option 1 would benefit the County in several ways. First, where there are currently seven parcels that are each only 1/4 of the minimum parcel size required by the zoning, there would now be one standard size parcel and one parcel that constituted over 3/4 of the required minimum. Second, both of the resulting parcels would have greater agriculturally viability than the seven small parcels. Third, 80% of each parcel would be restricted to allow cultivation only, which would promote the establishment of agricultural uses on the parcels. Option 2 Option 2 is essentially the same as Option 1 except that it includes provisions to allow the establishment of a community center on the 71.6 acres. Under this option the CSD would have seven years from execution of the agreement to obtain entitlements to construct the community center. This approach to providing the community center would be inconsistent with current zoning and General Plan policies. Development of a community center on land zoned for agricultural use would require the issuance of a land use permit, as specified the under the County Zoning Ordinance Code. County Code Section 84-38.404, which applies to the A-2 General Agricultural and A-3 Heavy Agricultural districts allows upon issuance of a land use permit: ``(10) Community buildings, clubs, activities of a quasi public, social,fraternal, or recreational character, such as golf, tennis, or swimming clubs, or veterans' or fraternal organizations. These uses are prohibited if organized for monetary profit". Similarly, the A-20: Exclusive Agricultural district, under Section 84-80.404, allows upon issuance of a use land use permit: "(14) Community buildings, clubs, activities, or a quasi public, social,fraternal or recreational character. " However, it is noted that both the A-40 Exclusive Agricultural and A-80 Exclusive Agricultural districts specifically prohibit the issuance of a land use permit for such uses. The Department has advised the CSD representative that since the subject land is presently located within the Agricultural Core and it is zoned A-40, it would not be possible at this time to consider approval of a land use permit for a community center for two reasons. First, as explained above there is no provision in the A-40 zoning district to allow issuance of a land use permit for a community center. Second, the community center is a use or an activity that would be inconsistent with General Plan policies for the Agricultural Core and related policies concerning the Urban Limit Line. The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the County that are most capable of, and generally used for, the production of food, fiber, and plant material. In this regard the General Plan states that SR- 5 the "uses allowed in the Agricultural Core designation are the same as those allowed, without the issuance of a land use permit, in the Agricultural Lands (AL) designation". The plain language under the Agricultural Core designation limits use permits, except in the case of a winery or olive oil mill, which are incidental to the agricultural use of the land. Additionally, there are other related policies in the General Plan that conflict with the idea of locating a community center in the subject location, such as Policy 3-10, Land Use Element, which discourages the extension of urban services into agricultural area outside the Urban Limit Line (a community center at this location would presumably require the extension of urban services, such as water and sewer). The concept of using the subject location for a community center would certainly require amending the General Plan, to change the land use designation for the location, and potentially amending Measure C-1990: The 65/35 Contra Costa County Land Preservation Plan Ordinance, which not only established the Urban Limit Line but also mandated the protection of prime agricultural lands, including the Agricultural Core. In order for a community center to be established on all or any portion the 70 acres, the following actions would be necessary: 1. General Plan Amendment: The General Plan would have to be amended to change the site's land use designation from Agricultural Core to a designation that allows the community center use, such as Parks & Recreation. Such an amendment would also require an amendment to Measure C-1990. Amending the Measure C- 1990 ordinance prior to the end of its term of duration on December 31, 2010 would require countywide voter approval. 2. Rezoning: The site would have to be rezoned from A-40 Exclusive Agricultural District to a zoning district that was consistent with the proposed General Plan land use designation and allowed for the establishment of the community center upon approval of a land use permit. Such districts are the A-2 General Agricultural District and the A-20 Exclusive Agricultural District. A rezoning to P-1 Planned Unit District would also be an option. A rezoning to P-1 would require approval of a Final Development Plan instead of a land use permit. 3. Land Use Permit or Final Development Plan: Depending on the proposed rezoning (A-2, A-20 or P-1), approval of one of these entitlements would be necessary. It is too speculative at this time to know whether certain Measure C-1990 provisions that effectively limit the ability of the County to approve a community center on the 71.6 acres would be discontinued after Year 2010, as it would seem to be anticipated under Option 2. Therefore, the Department cannot support Option 2 due to conflicts with current General Plan policies and zoning regulations. However, this is not to say that Option 2 could not eventually be implemented under the correct set of circumstances. Therefore, in recognition of the fact that construction of a community SR- 6 4 center may be possible, Option 1 contains a provision that restricts the construction of permanent buildings and structures on the 71.6 acres prior to 2013 because such construction could preclude development of a community center. This provision preserves the undeveloped state of the land and allows the CSD time to pursue the community center option on its own accord. B. Development Fees for Affected School Districts: Condition of Approval #19 currently addresses the payment of impact fees to the Knightsen School District. Staff and a representative of the district mutually agreed upon the language of the condition that was presented to the Commission at the May 23, 2005 hearing. During the hearing the applicant presented alternative language to the Commission. In the attached letter dated May 27, 2005 the Byron Union School District raises concerns related to a possible transfer of territory between the Byron and Knightsen school districts and the implications such a transfer may have on payment of school mitigation fees. To address the issue, the District proposed the following condition: "At least 60 days prior to issuance of building permits, 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 letter from the affected school district shall be submitted confirming that its school .facilities impacts have been mitigated. " The Department will honor whatever agreement is reached between the applicant and the affected school districts. The Department's main concern is with the timing and implementation of the condition. The condition could not be implemented as proposed because fees are not collected until building permits are issued. Staff has modified the District's proposed text to give the condition appropriate timing and to cover any possibilities related to the reconfiguration of school district boundaries. C. Marina-Related Issues: Both the applicant and a representative of the CSD spoke regarding the following issues with the proposed marina: 1. Dredging: Users of the marina would access the Delta via Werner Dredger Cut, which borders the eastern edge of the project site. The CSD representative stated that the Dredger Cut is precariously narrow in some places due to a buildup of silt and debris and that the applicant should be required to dredge the waterway in conjunction with development of the marina. The applicant was agreeable to this and Condition of Approval#47 has been modified to require the dredging. 2. Marina Membership: The applicant submitted proposed language to augment Condition of Approval #47 that would limit usage of the marina to 400 "members" within Villages III, IV and V. The CSD representative indicated that 300 memberships was a more appropriate number. Staff has modified Condition of Approval ##47 to cap membership at 350. As stated in the condition, a SR - 7 residential parcel may be granted one membership and this membership entitles the launch of one boat or up to two jet skis or similar watercraft. D. Condition of Approval Modifications: The applicant has proposed modifications to Condition of Approval #10, #17, #19, #22, #47 and #105 and the elimination of#106— #110. Staff is in agreement with the minor changes to #10, #17, #22 and#4 7. However, Staff does not agree with the proposed changes to Condition of Approval 419 because the proposed language was not prepared in cooperation with the Byron Union and Knightsen school districts. After consulting with the affected school districts and considering their input, Staff has prepared the revised condition. Staff has also made minor changes to Condition of Approval #1, #61, #62, #63, #87 and #116 that were necessitated due to changes on the revised tentative map received May 231) 2005 and/or in order to clarify the administrative record. Condition of Approval #54 was eliminated, as it was no longer necessary due to the revised tentative map. E. Public Works Department Discussion: The Public Works Department does not support the applicant's requested modification of Condition of Approval #105 or the deletion of Conditions of Approval #1064 110. It should be noted that prior to the May 23, 2005 hearing, the applicant was afforded the opportunity to review draft conditions of approval. Subsequently, the applicant requested the above-mentioned changes via e- mail. Staff responded in phone conversations that the requested changes would not be supported. The Flexible Mitigation Monitoring Program is intended to re-evaluate the initial EIR traffic assumptions as build-out occurs. Through the use of traffic studies, the County would have the ability to determine whether or not the traffic contributed by the Discovery Bay West project impacts the existing regional road infrastructure above and beyond what was assumed in the EIR. If it is determined that the traffic assumptions have significantly changed for the worse and that there are new, or additional, significant impacts that were not identified in the EIR, the applicant shall recommend mitigation measures based on the new traffic assumptions. The Discovery Bay West project was originally conditioned to perform two traffic studies. The first was to occur by the 500" building permit and the second by the 1200th building permit. The intent of this condition was to evaluate the traffic assumptions as build-out occurred, assuming that at the first traffic study, 500 units would be occupied. It was determined with the first traffic study that the number of occupied units was not close to the 500 units as expected. This is due to the fact that building permits are often "pulled" in large quantities and is not a direct correlation to the number of units occupied. This same situation was experienced with the second traffic study. The number of units actually occupied by the time the second traffic study was completed was far below the 1200 unit count. The majority of the occupied units at that time was located within Villages I and II and totaled 717 units. SR - 8 Seeing as the number of occupied units available for the second traffic study was less than half of the total number of units expected at build-out, it was determined that a third traffic study is needed with Village V to better assess the traffic impacts from the DiscoveryBa West project. This third study is required to be completed by the 300th Y p J unit in Village V. At that time, the total occupied units is expected to be closer to the maximum allowed and therefore yield a traffic study which accounts for a larger amount of traffic using the regional road infrastructure. The results of the study will then determine, based on representative traffic volumes, whether or not there are significant impacts. Through the flexible mitigation monitoring program, the County uses the traffic study as a mechanism to determine when and where mitigations are necessary, and how the Project Traffic Mitigation Fee funds can be better programmed and allocated towards these mitigations. The result of the program will help to facilitate County efforts in providing improvements to the road network as the area continues to grow. IV. CONCLUSION The revised conditions of approval address comments and concerns raised by the Commission, the applicant, the Town of Discovery Bay Community Services District, the K Byron Union School District and the nightsen School District. Staff recommends that the Commission approve the project by voting to adopt the revised Resolution #14-2005 and revised conditions of approval, both of which are attached and the Mitigation Monitoring Program, which was attached to the May 23, 2005 staff report. SR - 9 Exhibit #6 10 California Environmental Quality Act (CEQ A) Determination NEGATIVE DECLARATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95 814 CountyClerk, Contra Costa County � fiY 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 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 marina 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-IV). To date, Village I and much of Villages II 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 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 2/24/05 111 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). 2/24105 iv Dennis--11 .Bar y �WP Community ~Community Development Qirector 3 on ra Development Costa 'Department !-- FEB 2 4 2005 Countr County Administration Buildingr'' ��:^f' �x'� COUNTY L I: 651 Pine Street T� -=_ d30 hA 4th Floor, North Wing : � BY .-IlIzAas L__�w _}�E i` i Martinez California 94553-0095 �" -_� - 335-1208 ' . = -'�~ DATE: February 25, 2005 Phone: (925) �o-� - .•� SrAcouK't``; NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County Files: #GP030007, #RZ043142, #SD048828 & #DP043019 Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an Initial Study on the following project: HOFMANN LAND DEVELOPMENT COMPANY, INC. (Applicant & Owner), County File #GP030007.) RZ043142, SD048828 & DP043019: Applicant requests approval of a General Plan Amendment, a rezoning, a major subdivision and an amendment to the preliminary development plan for the Discovery Bay West project (County File #DP913025) 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 marina on 20.3 acres and 6.7 acres of boat storage and parking for the marina. 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 proposed project would not cause the overall Discovery Bay West project to exceed the 2,000-unit threshold that was originally approved by the County Board of Supervisors in 1995. The subject property is a 152-acre site situated immediately north and east of the residential developments known as "Lakeshore" and "The Lakes at Discovery Bay." The western edge of the site lies approximately 1,000 feet east of the Bixler Road/Balfour Road intersection. The site is otherwise bounded by private agricultural land to the north, Werner Dredger Cut to the east and an East Contra Costa Irrigation District intake canal to the south. The site is located in the Discovery Bay area. (General Plan: Single-Family Residential Medium Density (SM), Parks & Recreation (PR), Delta Recreation & Resources (DR); Zoning: Planed Unit District (P- 1); Zoning Atlas Page: M-28; Census Tract: 3040.00; Assessor Parcel Numbers: 011-241-006, 011-241-0071) 011-241-008). The Initial Study for the proposed development identified potentially significant impacts in the following environmental areas: Aesthetics, Biological Resources, Geology & Soils and Office Hours Monday - Friday:8:00 a.m.- 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month Hazards. Environmental analysis has determined that measures are available to mitigate potential significant adverse impacts to insignificant levels. As a result, a Mitigated Negative Declaration (MND) has been prepared pursuant to Public Resources Code Section 21080(c)(2), 21064.5 and Article 6 of the California Environmental Quality Act (CEQA) Guidelines. Pursuant to the requirements of CEQA (CEQA Guidelines Section 15071), the MND describes the proposed project; identifies, analyzes and evaluates the potential significant environmental impacts that may result from the proposed project; and identifies measures to mitigate the adverse environmental impacts. With the mitigations identified in this document designed into the proposed project, it would not have a significant adverse impact on the environment. The applicant has agreed to all of the required mitigation measures. A copy of the negative declaration and all documents referenced in the negative declaration may be reviewed in the offices of the Community Development Department and Application and Permit Center at the McBrien Administration Building, 651 Pine Street, North Wing, Second Floor, Martinez, during normal business hours. Public Comment Period - The period for accepting comments on the adequacy of the environmental documents extends to 5:00 P.M., Monday, March 28, 2005. Comments must .be in writing and must be submitted to the following address: Contra Costa County Community Development Department Attn: Will Nelson 651 Pine Street, North Wing—4th Floor Martinez, CA 94553 The County File Numbers listed at the beginning of this notice should be included on all correspondence. It is anticipated that the proposed Mitigated Negative Declaration will be considered for adoption at a meeting of the East County Regional Planning Commission on Monday, April 11, 2005. It is anticipated that the hearing will be held in the Antioch City Council Chambers, Third and H Streets, Antioch, California. If you have any questions regarding this notice or the proposed project, please call me at (925) 335-1208. S in er ly, William elson Senior Planner cc: County Clerk's Office(3 copies) Exhibit #7 Pertinent Correspondence 1 T. PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: April 25, 2005 TO: Will Nelson, Project Planner, Community Development FROM: Chris Lau, Associate Civil Engineer, Engineering Servic s SUBJECT: SUBDIVISION 8828 STAFF REPORT AND CONDITIONS OF APPROVAL (Hofmann Land Development Company/Bixler Road/Discovery Bay/AP# 011- 241-0065 007, 008) FILE: SD 8828 We have reviewed the revised vesting tentative map and final development plan dated April 11, 2005 and submit the following comments: Background The site of the proposed project is located on the east side of Bixler Road, north of the Balfour Road/Bixler Road intersection in the Discovery Bay area. The applicant proposes to modify the final development plan for Discovery Bay West DP 3025-91 (x-ref SD 7686), to reconfigure the street and lot layout, expand the edge of development to the east, and to move the marina location to the' south. The modification will reduce the size of the fourth phase (Village IV) in half and add an additional phase (Village V) to the Discovery Bay West project, currently approved for four phases. The remaining portion of the original Village IV will be included into Village V with the addition of lots to the east for a total of 432 units. SD 7686 is approved for 2000 total units. The total resultant number lots will not exceed the previously approved number of units for the final development plan for Discovery Bay West. Traffic and Circulation The proposed project will gain access from Bixler Road and Fallman Boulevard, the project's entrance. `A' Street, an extension of Lakefront North Loop from Village IV, and Fallman Boulevard-will serve as the project's main collector and arterial streets. A series of loop and cul- de-sac roads will serve as residential streets. Drainage: All drainage from the project must be collected and conveyed in an adequate storm drain system to a natural watercourse or adequate man-made facilities. The applicant must demonstrate that the North and South Lakes are adequate to convey the increase in storm water runoff generated by this project. The applicant shall be required to expand the existing Village IV lakes to accommodate this increase. t ' s Conveyance of clean water is of major concern throughout the County. The applicant should consider feasible solutions for alternate drainage systems and place an emphasis on complying with NPDES requirements. The applicant must propose a Storm Water Pollution Prevention Plan (SWPPP) for this project. It is the applicant's responsibility to make an effort to reduce harmful contaminants in runoff before it reaches a natural watercourse or public storm drain system. The applicant may want to consider incorporating grassy swales or filtering systems into the drainage i plan. Disconnected impervious surfaces can be landscaped for aesthetics and can prove to be a cost effective alternative to conventional storm drain systems. The applicant is encouraged to provide other strategies to promote the reduction of discharge and pollutants from the project. CL: G:\GtpData\EngSvc\Chris\Applications\2005\04 April\SD 8828_2.doc cc: B.Balbas,Engineering Services E.Whan,Engineering Services M.Sen,Engineering Services David Lennon,Hofmann Land Development Company,P.O.Box 758,Concord,CA 94522 PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION 8828 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the revised Vesting Tentative Map and Final Development Plan dated April 11,2005. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP. General Requirements: • Applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. Roadway Improvements (Private On-site) • Applicant shall construct the private roads within this development to County private road standards in accordance with the typical sections on the revised Vesting Tentative Map, to serve all parcels in this proposed subdivision, except as noted as follows: • B Street, E Street cul-de-sac, F Street cul-de-sac, K Street, M Street, and P Street cul-de- sac shall be 29.66-foot wide private roadways within 35.66-foot private road easements, with a minimum 5-foot public utilities easement on each side of the street, with roll curb (EIR Mitigation Measure RMCir-25 and 26), and provide adequate parking. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5-foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 14.83-feet from the road centerline. Alternatively, the applicant may construct these streets as 28-foot wide private roadways within 34-foot private road easements with a minimum 5-foot public utilities easement on each side of the street, with monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of vertical curb 14-feet from the road centerline. • C Street, D Street, E Street, F Street, G Street, H Street, I Street, J Street, L Street, N Street, O Street, P Street, and Q Street shall be 33.66-foot private roadways within 39.66- foot private road easements,with a minimum 5-foot public utilities easement on each side of the street, and with roll curb. Additional off-street parking may be required where lot frontages less than 50 feet result in less than one on-street and two off-street parking spaces for each residence subject to the approval of the Public Works Department. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks, unless within designated parking spaces as reviewed by the Public Works Department. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5-foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 16.83-feet from the road centerline, except where additional width is required for designated parking spaces. Alternatively, the applicant may construct these streets as 32-foot private roadways within 38-foot private road easements, with a minimum 5-foot public utilities easement on each side of the street, and monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of curb 16-feet from the road centerline. • If the marina facility is proposed to be constructed or an entitlement for the marina facility is approved, J Street, L Street, M Street and R Street shall be constructed according to the "Alternate Layout for Area of Lots 233-279" as shown on the Revised Vesting Tentative Map dated April 11, 2005. • Prior to improvement plan submittal, the applicant shall submit a sketch plan for the following improvements, for review by the Public Works Department. "A" Street shall extend from Village IV to Fallman Boulevard and not be less than a 50-foot roadway within a 56-foot access easement with at least 5-foot public utility easements on each side of the street, subject to the approval of the Public Works Department. The typical 50- foot wide road section shall include two 12-foot wide traffic lanes, two 5-foot wide bike lanes and two 8-foot wide parking areas. Applicant shall construct standard vertical curb, 5-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 25-feet from the road centerline. Sidewalk shall be constructed on at least one side of the street. For portions of"A" Street adjacent to the lake, the roadway may be reduced to a 34-foot roadway within a 40-foot access easement with at least 5-foot public utility easements on each side of the street provided there is a convenient, separated two way bicycle and pedestrian path, which minimizes the need for bicycle lanes on the roadway. The two- way bicycle and pedestrian path shall have at least a 10-foot paved width with two-foot clear zones on each side (Finding for Impact #65, MM a.c.), and shall be located within areas or easements to be maintained by the Homeowners Association. The typical 34- foot wide road section shall include one 12-foot wide travel lane with 2-foot wide shoulder and one 12-foot wide travel lane with 8-foot wide parking area. Applicant shall construct standard vertical curb, 5-foot 6-inch sidewalk (width measured from curb face) on the lake side of the street, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 17-feet from the road centerline. • Prior to improvement plan submittal, the applicant shall submit a sketch plan for the following improvements, subject to the review and approval of the Public Works Department. "R" Street shall extend from Fallman Boulevard to the marina entrance and not be less than a 50-foot roadway within a 56-foot access easement with at least 5-foot public utility easements on each side of the street. The typical 50-foot wide road section shall include two 12-foot wide traffic lanes, two 5-foot wide bike lanes and two 8-foot wide parking areas. Applicant shall construct standard vertical curb, 6-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 25-feet from the road centerline. Sidewalk shall be constructed on at least one side of the street. If a gate is to be installed at the marina entrance, adequate width at this location shall be provided to allow the ability for wayward drivers to make a U-turn. Alternatively, if the marina facility is not proposed to be constructed or an entitlement for the marina facility is not approved, R Street shall be constructed as a cul-de-sac street. The street shall be a 29.66-foot wide private roadway within a 35.66-foot private road easement, with a minimum 5-foot public utilities easement on each side of the street,with roll curb (EIR Mitigation Measure RMCir-25 and 26), and provide adequate parking. No parking shall be allowed along the sidewalk side of the roadway to prevent parking on sidewalks. Applicant shall construct monolithic roll curb (if the contractor has the ability to extrude a monolithic roll curb, otherwise roll curb can be poured separately) and 5-foot 6-inch sidewalk (width measured from curb face) along one side of the street from the beginning of the street to a point two-thirds of the way around the cul-de-sac, necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of roll curb 14.83-feet from the road centerline. Alternatively, the applicant may construct this street as a 28-foot wide private roadway within a 34-foot private road easement with a minimum 5-foot public utilities easement on each side of the street, with monolithic vertical curb, gutter and sidewalk. Applicant shall construct face of vertical curb 14-feet from the road centerline. Fallman Boulevard shall not be less than a 36-foot roadway within a 56-foot access easement, which includes two 12-foot travel lanes and two 6-foot bike lanes. Applicant shall construct standard vertical curb, 6-foot 6-inch sidewalk (width measured from curb face) on at least one side of the street, necessary longitudinal and transverse drainage, and street lighting. No parking shall be allowed on this street. The applicant may widen all or a portion of this roadway to a 30-foot roadway in each direction to provide for two lanes in each direction. Additional right-of-way width shall be provided to accommodate the widened portions. • The portion of"H" Street on the westside of"A" Street shall have a higher traffic index than the loop portion of "H" Street, on the eastside of "A" Street, due to the higher number of units served. The applicant should consider a different street designation if applicable. • Prohibit all single-family residential driveway access onto collector or arterial roads that provide project-wide circulation, subject to the approval of the Public works Department (Mitigation Measure RMCir-29)(Finding for Impact#58, MMJ.c.). • All driveways shall 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 or roadway. • Applicant shall provide deed notification to those parcels that abut roads that are to be extended in the future. The applicant shall install signage at the end of the roads to inform prospective property owners that the roads may be extended in the future. • 25-foot minimum curb return radii shall be provided at residential street intersections with collector/arterial streets. Access to Adjoining Property: Proof of Access • Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent,public and private road, drainage and marina improvements. Sight Distance: • In accordance with Caltrans standards provide for adequate stopping sight distance along "A" Street and Fallman Boulevard for a design speed of 45 miles per hour where feasible, and not less than a 35 miles per hour design speed, subject to the review and approval of the Public Works Department. • Applicant shall provide appropriate corner sight distance on each corner lot located at residential street intersections. The corner setback requirement for residential streets intersecting collector/arterial streets shall be designed based on the County corner sight distance standards. Pedestrian/Bicycle Improvements: • Applicant shall design all pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, and pedestrian ramps. Provide a minimum clear width of 4 feet for all sidewalks. If a pole, utility facility, street sign or any other obstruction is located in a walkway, such that there is not a 4 foot clear width, the walkway shall be widened as necessary. A note reflecting this condition shall appear on the typical section on the improvement plans. • Curb ramps shall be designed and constructed in accordance with current County standards. Truncated domes shall be installed on all curb ramps, unless current County standards change. • The design of community facilities, such as clubhouses or community parks, shall provide for and encourage the use of bicycles. At a minimum this shall include bicycle racks and/or bicycle lockers at the primary gathering points in the project. The number of bicycle racks and/or lockers shall be subject to the review and approval of the Zoning Administrator. • Two-way bike/pedestrian paths shall have at least a 10-foot paved width with two-foot clear zones on each side (Finding for Impact#65, MM a.c.). • All sidewalk shall be at least 5-foot 6-inches wide (width measured from curb face). Sidewalk widths shall conform to County standard widths in effect at the time of filing the Final Map, should widths increase. Parking • "No Parking" signs shall be installed along: o The sidewalk side of streets where roll curb has been installed; o One side of 28-foot or 32-foot wide streets where standard vertical curb has been installed; o Fallman Boulevard; o "A" Street (adjacent to the lake), on the side opposite of the lake and bike path; subject to the review of the Public Works Department. Agricultural Access (From Private Roads) • Applicant shall provide two points of access to the parcel known as Parcel "J" O � pen Space — Delta Recreation) as shown on the Final Map for SUB 8570 and as recorded in Map Book 457 M 18. These points of access shall be located at the northeast and southeast corners of the project. The design of the access at the southeast corner can be coordinated with the marina facility improvements. The accesses shall be a minimum 12- foot wide all-weather graveled private roadway in a 20-foot wide access easement, subject to the review and approval of the Public Works Department. (EIR Mitigation Measure RMCir-32, Finding for Impact #61, MM.c.). The applicant shall grant access rights over existing streets to the property owner of Parcel "J" to allow access to Bixler Road. The access shall be along feasible alignments and outside of wetland areas (e.g., along subdivision streets). Deed notifications shall be recorded on lots within the vicinity of these two points of access to notify property owners of their existence, purpose and corresponding easements and/or restrictions. Utilities/Undergrounding: • All new and existing utility distribution services shall be installed underground. Drainage Improvements (Private Drainage Facilities): • 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 proj ect 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. An exception shall be allowed for collect and convey of storm water from the outside levee slopes. This drainage is considered minimal and negligible. The subdivision and levee will essentially reduce the total amount of storm water that was historically experienced by the open space and the storm water that does flow from the outside of the levee will drain into existing open space/wetlands areas. • Conveying storm waters in an adequate storm drain system that is owned and maintained by a duly organized Homeowners Association, Municipal Improvement District, or Reclamation District drainage facility serving the area, is acceptable, provided the applicant obtains a letter from that entity accepting the drainage. Conveying storm waters in an adequate storm drain system to an irrigation district facility is acceptable provided: the developer obtains a letter from the irrigation district accepting the storm waters; the irrigation district owns fee title to the drainage facility from the point of discharge to the natural watercourse; and the drainage facility is shown to be adequate to handle the design storm, plus the district irrigation flows. The analysis shall consider the presence of low spots in the irrigation district canal, which may affect the system's capacity. The applicant shall provide substantiation that reasonable backup measures such as a diesel or gas fueled back up pumping system, are in place in case of pump failure and/or.power failure. The back up pumps are only required if pumping is necessary to drain the canal flows. • Storm water from the lake system in Village V shall be collected and conveyed in a private storm drainage system. Where pumping 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 subject to the review and approval of the Zoning Administrator, OR, the storm drainage system shall be designed as a passive weir system for gravity flow drainage which will not result in flooding of homes based on the 100-year storm. If the pump station within Village III is to be utilized to discharge storm water from the Village IV and V lakes into Dredger Cut via Fallman Canal, it shall be designed to operate considering anticipated sedimentation of the lake systems and have an emergency pumping system of adequate size to handle design flows from Villages III, IV and V. • The North and South Lakes, located between Villages IV and V shall be designed to accommodate increased runoff from Village V. A hydrology report and calculations for the Villages III, IV and V lakes shall be submitted for the review of the Public Works Department. • Applicant shall collect and convey storm drainage in the marina area if it is constructed, 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 condition of approval shall be a part of any future required entitlement for this marina facility. Miscellaneous Drainage Requirements: • Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s)in a concentrated manner. National Pollutant Discharge Elimination System (NPDES): • The applicant shall be required to comply with all rules,regulations and procedures of the National Pollutant Discharge Elimination System (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, or Central Valley- Region V). Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program in effect when the project was deemed complete for the site's storm water drainage: - Minimize the amount of directly connected impervious surface area. - Stenciling all storm drain inlets ("No Dumping, Drains to Delta") using thermoplastic tape. (EIR Mitigation Measure 4.1-10) - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Other alternatives comparable to the above as approved by Public Works. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program to buyers. - Shared trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. • Applicant shall make an effort to incorporated post-construction BMPs into the design of the project for pre-treatment of storm water runoff, for the review of the Public Works Department. The use of grassy swales, disconnected impervious surfaces and landscape strips to convey storm water into storm drain systems can greatly reduce contaminants into the lake and ultimately into the natural watercourse. Such measures could not only facilitate good water quality within the lake and natural watercourse, but can prove to be a cost effective design. Lake Management(Private Facility): • Submit a Lake Management Program prepared by a professional in the field, which clearly specifies the following: the design parameters for the lake system; anticipated problems and proposed methods of maintenance; NPDES requirements for water quality. The anticipated problems shall include, but not be limited to, control of undesirable algae and plants; control of high nutrient levels; maintenance of adequate oxygen level; need for periodic dredging; and potential need of cleaning up roadway contarninants and household contaminants which may drain into the lake prior to discharging the storm water into Dredger cut. Provide a maintenance entity, such as a homeowners association, which includes provisions to assure perpetual maintenance (EIR Mitigation 4.1-7) • The lakes shall incorporate a water circulation system capable of pumping the quantity of flow necessary to sustain water quality and accommodate the 100-year storm based on the proposed lake configuration(Finding for Impact#1, MM.c.). • Downstream drainage facilities shall be designed to collect and convey the storm water flow based on the design storm. If the lakes are to function as detention basins with this development, they must be sized in accordance with Title 9 of the Ordinance Code (Finding for Impact #84, MM.c.). The lake/detention basin will be maintained by a homeowners association and will not be publicly maintained. • Provide screens on the lake circulation system and provide catch basins, with screens/filters, for run-off into the marina to screen floating trash from entering the lakes and the Delta, and implement passive "best management practices" such as the labeling of storm drains to reduce dumping. (EIR Mitigation Measure 4.1-1 0)(Finding for Impact #5, MM5.c.). • As a condition of approval for any future entitlement for the marina facility and prior to issuance of a grading permit for the marina, the applicant shall complete a bank scouring and erosion study of impacted segments of Dredger Cut and Kellogg Creek analyzing project impacts resulting from marine traffic and lake circulation. The study shall be subject to the review and approval of the Public Works Department. The applicant shall implement mitigation measures prior to or concurrently with the construction of the marina if any significant impacts are identified. Maintenance (Private Facilities) • Applicant shall establish covenants, conditions and restriction for the development that clarifies the management of all lake improvements, private roads, private storm drainage, levees, certain lighting, landscaping and marina facilities within the private portion of the development that will be maintained, through a maintenance agreement, by the homeowners within the development via the homeowners association, or another entity, subject to the review of the Zoning Administrator. • Prior to filing a Final Map, the applicant shall provide a list of facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department. Creek Structure Setback: • Applicant shall create "creek structure setback lines" over that portion of the site that is within the creek structure setback area of the watercourses traversing the northerly property line and existing natural watercourses through this development. The creek structure setback area shall be determined by using the criteria outlined in Chapter 914.4, "Rights of Way and Setbacks", of the Subdivision Ordinance. "Development rights" shall be conveyed to the County by grant deed. Project Levees (Private Facilities) • 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 prior to filing a Final Map in Village V (EIR Mitigation Measure 4.17). • The proposed levee system around Village V shall be constructed to FEMA, U.S. Army Corps of Engineers, Zoning Administrator and County standards. The homeowners association, or acceptable maintenance entity, such as a reclamation district, shall maintain the levee system. • Landscaping of the levees shall be subject to the review of FEMA and the entity that will accept the levees for maintenance, and the review and approval of the Zoning Administrator. • Provide deed notification and CC & R's for elevation restrictions on applicable lots to prevent degradation or work which may adversely impact the levee system, and provide for raising of levees. • The developer shall be aware that the levees protecting a portion of this development are subject to failure if not properly maintained. The developer shall execute a mutually agreeable recordable document with the County, which states that the developer (and the owner and the future owners of the property) will hold harmless Contra Costa County and the Contra Costa County Flood Control and Water Conservation District in the event of damage to the on-site improvements as a result of levee failure. • In the levee areas, access shall 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. Floodplain Management: • Village V shall be protected by a levee constructed to at least elevation 11.9 feet mean sea level with the ability to elevate to at least 12.9 feet mean sea level and elevated further in accordance with the County Floodplain Management Ordinance and FEMA regulations (assuming anticipated subsidence and sea level rise). Homeowners shall be advised through a deed notification of the potential sea level rise. (Finding for Impact#4, MM4.C.1.) Traffic Mitigation Fees: • The project traffic mitigation fees will be collected at the time of the building permit for each residential unit or commercial use of this development. No mitigation fees will be collected from non-residential or non-commercial construction. The project traffic mitigation fees shall consist of: o The Eastern Contra Costa Regional Fee and Financing Authority Fee (ECCRFFA). This fee is for construction of the State Highway 4 Bypass and related improvements. o The East County Transportation Improvement Authority Fee (ECTIA). This fee is for construction of the State Highway 4 Bypass and related improvements o The East County Regional Area of Benefit fee (ECRAOB). This fee is to improve local roads identified on the Circulation Element of the County General Plan. o The Discovery Bay Project Traffic Mitigation Fee. This fee (revised annually to reflect inflation, using the State of California Construction Cost Index as published annually by Caltrans, as a reference) is less the East County Regional Area of Benefit Fee and issued to mitigate project impacts not covered by the above fees. The difference between the adjusted Project Traffic Mitigation Fee and the ECR.AOB fee shall be put into an interest earning Road Improvement Trust (Fund No. 0682-9752 or other project specific fund) to be used to mitigate off-site local road and intersection improvements as reasonably determined and approved by the Public Works Department, which are identified in the EIR or the Flexible Mitigation Monitoring Program, and are not included in an established area of benefit. These funds will not be used for on-site improvements; frontage improvements; or any necessary construction traffic mitigation along the specified project construction haul routes. If, after the 200`h building permit, the Flexible Mitigation Monitoring Program determines that traffic assumptions have changed significantly and a modification to the mitigation is necessary, the adjusted Project Traffic Mitigation Fee contribution shall be modified at the 201st building permit to reflect the additional mitigation not identified in the ECCRFFA, ECTIA or the ECR.AOB. Flexible Mitigation Monitoring Program: • This subdivision is subject to the Flexible Mitigation Monitoring Program set forth in the conditions of approval for Subdivision 8023. The program shall allow the development of up to 432 units based on these conditions of approval, plus additional units subject to review of the traffic assumptions in the EIR. • The traffic assumption review shall take the form of a letter report summarizing the observed project development trip generation/distribution and the most current roadway improvement assumptions in East County. This new information will be compared with the EIR assumptions and a reasonable conclusion made as to whether or not traffic assumptions have changed which could result in new, or additional, significant project impacts to the surrounding road network not already identified in the EIR. • The Flexible Mitigation Monitoring Program will review the traffic assumptions no sooner than at the 200th and shall be completed respectively by the 300th to determine if the traffic assumptions in the Environmental Impact Report are still valid (scheduling of implementation of the State Route 4 Bypass shall be considered). o If the initial assumptions made are still valid, the mitigation measure will remain unchanged, and the applicant will be require to comply with the conditions of approval as stated, and continue to contribute to the Project Traffic Mitigation Fee for additional off-site road improvements. o If the traffic assumptions have significantly changed for the worse and there could be new, or additional, significant project impacts not identified in the EIR, the applicant shall perform a more detailed traffic study to determine traffic impacts and recommend mitigation measures based on the new traffic assumptions. The traffic study, and the proposed traffic mitigation measures shall be subject to the review and approval of the Public Works Department. The traffic mitigations measures, if different from those identified in the EIR, may be subject to review at a public hearing. Any significant project related traffic impact which cannot qualify for any fee area (AOB) would be the responsibility of the project applicant to mitigate on a fair share basis. Newly identified significant traffic impacts shall require mitigation only if the level of service does not meet the adopted traffic level of service standard. The project applicant shall arrange for mitigation of such newly identified significant and warranted traffic impacts prior to issuance of the 300th Building Permit. • Impacts which were identified in the initial EIR project list will be considered satisfied for that increment of time if the traffic assumption review shows impacts are insignificant (subject to the review at a public hearing if required by law), and the approval of the Zoning Administrator. (Findings for Impact#36, MMA.C.) • The applicant shall pay for all reasonable and verifiable staff time involved in preparation of the staff study, the Flexible Mitigation Monitoring Program, the proposed traffic mitigation measures, and monitoring of the project and review of these studies,program and monitoring. • The project applicant shall pay its share of the costs of the future environmental review documentation required for: any necessary modification of the project EIR; new project traffic mitigation not identified with these project approvals; modification of the area of benefit to reflect additional projects as a result of Discovery Bay West; and modification of the County General Plan to accommodate the same purpose. The applicant shall only be required to pay a fair share of the cost of modification of the area of benefit program if projects are being added throughout the program areas. However, if the area of benefit is modified solely at the applicant's request to add mitigation measures from this project, then the applicant shall bear all costs. Construction Truck Traffic: • The applicant shall direct construction related truck traffic to the site via Bixler Road from State Highway 4 or Point of Timber Road. Construction Road Maintenance Agreement: • Construction truck traffic monitoring: If the applicant uses non-designated streets for construction truck traffic, he shall repair the roads to the pre-project condition prior to filing the next Final Map subject to the review and approval of Public Works. If the maintenance is not completed in a timely manner, the County will activate the Construction Road Maintenance Agreement, which should have been executed prior to the approval of the first phase of subdivision improvement plans for SUB 7686, for funds to perform the maintenance. If a Construction Road Maintenance Agreement has not been executed, the applicant shall do so prior to the approval of improvement plans for this phase(Village V). • Provide sufficient parking on-site for construction crews and associated personnel. The applicant shall not permit construction crews and equipment to park along currently existing public roads or interfere with neighboring agricultural operations. • Applicant shall indicate on all subcontracts, bulk and custom lot sales contracts, homeowners association documents, et al, that construction truck traffic shall use State Highway 4, Bixler Road and Point of Timber Road as construction access to this development. Reimbursement: • Certain required road improvements may be eligible for credit or reimbursement against Area of Benefit fees. The developer shall contact the Public Works Department, Transportation Engineering Division, to verify the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, or filing of any Final Map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be available for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are programmed with the next three fiscal years. Any credit or reimbursement shall be based on the cost estimates included in the Area of Benefit Development Program Report only in proportion to each specific Area of Benefit improvement, which the applicant is installing. • The applicant is also eligible for reimbursement from adjacent and nearby future develo ments as outlined In :.{- below. If the applicant requests reimbursement P Y:". from the County from future development, the applicant shall be required topay the County for administrative costs associated with these reimbursement agreements. The applicant shall make a deposit to the Public Works Department, Engineering Services Division, of at least $1000.00 or as necessary, to cover expenses as they are incurred. Applicant shall be responsible for all costs for administration of each reimbursement agreement above the initial deposit. Any unused portion of this deposit will be returned to the applicant. • The applicant shall be eligible for the following reimbursement agreements: o Installation of off-site road improvements not covered by an area of benefit, but covered by the Project Traffic Mitigation Fee paid by the applicant and collected by the County, may be credited toward the applicants Project Traffic Mitigation Fee, subject to the approval of Public Works. • The County will also cooperate with the applicant to "call-up" certain Deferred Improvement Agreements (DIAs),which may exist on surrounding properties to facilitate and expedite the construction of facilities whose installation is now justified. Miscellaneous: • Prior to issuance of Building Permits, with the exception of model homes, file the Final Map. • Applicant shall comply with the County TDM Ordinance and the Growth Management Program regulations regarding transportation. TDM measures that could be used by the project applicant can include the provision of maps showing available transit routes, and a providing information to prospective homebuyers on ride sharing and vanpool services. • Prior to filing of the first Final Map, the applicant shall pay the County for all Public Works and Community Development Department staff time for work reviewing and commenting on this project through the planning and approval process which has not been covered by the application fees previously paid by the developer for this purpose. Advisory Notes: • 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 Programs and the County Flood Plain Management Ordinance (Ordinance No. 2003-33) as they pertain to future construction of any structures on this property. 1 • Applicant shall comply with the ordinance requirements of the East Diablo Fire Protection District. • This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources,per the Fish and Game Code. • 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. PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: June 2, 2005 TO: Will Nelson, Project Planner, Community Development FROM: Chris Lau, Associate Civil Engineer, Engineering Servic SUBJECT: SUBDIVISION 8828: SUPPLEMENTAL STAFF REPORT FOLLOWING EAST COUNTY REGIONAL PLANNING COMMISSION ACTION ON MAY 239 2005 (Hofmann Land Development Company/Bixler Road/Discovery Bay/AP# 011-241-006, 007, 008) FILE: SD 8828 The East County Regional Planning Commission continued this item to June 13, 2005. Modifications to the Conditions of Approval, as recommended by Public Works at the hearing, should be included in the Supplemental Staff Report for Subdivision 8828 as follows: Requested Modifications to Conditions of Approval: MODIFY/ADD TO Conditions Administered by the Public Works Department as follows: .,. .. .. .. .. .. .........r....::...... :f.}:.}.::.:...:.. .,,...� ..::....:...v..; 01 .:<f.{: ...?; :•.:fib. .!.. {.f. y-� Yv .r ; } ; i rt ....:. fir. ...... . . �..� :;•::::..:�� } . R. ..........,.................,::..a ..,... ................ .. ..r.r....n.......... .. ......}:....... ...........,.:f.;......:, ii}ii:.•}•'+:};::•.v:::::::ti.;'tii;•:v:::-ii}:t:hi.. ..v.............v............r........ .. ............\....... ....... ..........:......... ................,...... ..........v..,........nt.....i.......v..v..n.n..r.....,.. .... ..$... !............. .. .................. ................ .. .: ,...�.:..:... .. .............. .:...}::}:..;.n.....n..,...... }....... ......nr..t............n...wt..f.n..n............n......................................... } .:..t.n..t.,.....4., .•}. ......v..... r,...........<.. h ........}r.. .:.::.r..vr.:::.w:tr....v .:..:t , ....... r................................. > rf.:..v....vr..,v r.v r .... ...:...........r.... ..,. u-t:::::k.::::.. gip................ ..... {..:a......a....C...:...:. ... .... ... .. ...{C. .a.: a .: r. n......n....n:......r:. ..rr.. r.,...:........... .::.. ..:,<k..,..,. . .......r.:.,. .? . .....r.....b:... . : d :....................r.r.. rrr... .r. ............, :... ...,........r:,.u,,:...... ....:.....aa.:,:..:,,.a:}.:.:... ......,....... .,.{,.. ..........,.......k.,........... ............r. ........r....i... ..F..,...r...,•4.2.a...f...a,.:,,.... .. ...... .H`r. X23' .:.r,•:.:.,,:::::a:}}}:'::.:}>}:... {.,..{•,................:.:........ ......r......... ..:,..rrr .. :.....a.....i.:r....t.,. ..,.,..,.k.. ............i......,r.?....}r....:....rr., ............. ..........:.,..a.......aa,•.r•..,, ......w.................. ::r.rtt.t.,..,,...,....,,..: a.,:}v:...F r., y ..r..{. p ..:....... ....w.:r....,'4.,:...:..:.,. .. ....rr.. :...r,+:.r.:,.:..;{.r•r.•f•;::: i..;:.'::. .. -........r...... ............ ..... ............ .........,.$.}.......'.r.4$�`. r .:fn.,..,..... ...E4.:n{..:.., :..., ;... .......r...x.rY rY...•r:}.�.r,n. :;XYk•:{J. ... .: i}a : :.....y......m f..n........., .....r.n r::rw:.:..:......:.:..:..n..::.:...::}O.,vr..n.......t...: ...........:::• •.v::. n.v:. i x..�• .....r. ..:^.d ::. .. ... COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP. MODIFY Condition of Approval #61, Roadway Improvements (Private On-site), as follows: ............... If the marina facility is proposed to be constructed or an entitlement for the marina facility is t approved, J Street, L Street, M Street and R Street shall be constructed according to the "Alternate Layout for Area of Lots 233-279" as shown on the Revised Vesting Tentative Map dated ..... Ager', inns day 3 . MODIFY Condition of Approval #62, Roadway Improvements (Private On-site), as follows: a Prior to improvement plan submittal,the applicant shall submit a sketch plan for the following improvements, for review by the Public Works Department. "A" Street shall extend from Village IV to Fallman Boulevard and not be less than a-5-0 -foot roadway within a -56 -foot access easement with at least 5-foot public utility easements on each side of the street, subject to the approval of the Public Works Department. The typical -50 *foot8 wide road section shall include *�=T^ ''' ^^+ • a;.;.;::3•.}y; fti ;{•••. -.•::; » � ;.}-•-}�i� :}. ^<ti. lx;.'.r� ;2:#'. :�' :�ia..v• �:i:::} : :t::. v.:{:v ,,�f: ,.�... .� i �#����: . •IN :""�YL..••.,...•:•:::.,r.a aw,.,•:.:... .. x n:..,,,. h...... .,,.Q:•.::..t,•'S,}.�:.,,:.:•,:✓.•x!,+.,..b:.aC,••i'2�.',,9�,:)t4...r....,,3:r:?:X •....nr}wz:l.:.....:.;iR�:<.�...n:..,,t.,,....n. :K3}:•ix•;xv.^-:•^}.:;Y,'t,'!.•,+.}>•Y,Y•.n:x r•r.,• :,•m..}:;.}�,.�.h ::},�tSr,; .?.°+{,rs.,M.#bRx..w.,,.,t::fx:47.�1',.vc•.�CC,.w .r';�.�'.�.J'-.•rr Via.. ::•},.�,,;,r•-fit ;'�;,{ `:'•�S''�,•"n :$$' :�`;i.' .:•S�>'£;.:,•:r•}'x.•v.:t:. �•'�%�'�'•$'""'}.YJ};h..l• r,7:y `.-?tr2•#>:{ik� ,:'t`,:•�•4.n� ': :{,'f?` :'rY�r:� ,.;"�`.;}'��$fe�i.•{•;�;::''k;:T:'�'�.'•:# `,uw,:,"`;.; standard vertical curb �,!•} }• '•; `.•4 �. } � ,' Applicant shall construct pp }r:L:$:«:::}::..:;:::..>:$,�; •}::;i?tt i,i..�.:.}ry>.:.a:....#x: r... ...........$n:o....y.,.:x:7}ia::•}w�:>t}};}:•}:•}:ni:•$:z}}:si}:S}:•;,.::,..,;,n:},.:f,�;SG•fi�:4�,:: '.r'} •.t:•...�..-$'•:,.a1 ',:$$i}�. ..{..{...;..:•.#} •-'#` :,,.•,. ; .: S to nT:.?:,.-.:...:.•.:.......,...2�}0•.n....,.-.:...s.:,:.•..:.......,.1..x.t....:.Y.•....:•:.,..•:...•1:..Y2,.v...�..:,:...::x..�::..:,.}.:•....::.:�.,.....::....,:1..,..;:..,•.......:,.v..•..:•::.,....,•:r..2h::..:{.:1.n.:,$,.:...'..�!,';.•.:ir..n.}.,::-.vY.:•tx..t,.i,.•:.::•.,.•:,.:::,..:t••.:Y.$'h...:},<,.'-}:,y::Y:;r�,:O'a:Knl'•a,:..:<'i.a.,:.i.{.�'..x.......r:;{.n:'a.•:.xc:..nn3a.w•.'Lo<.a.:aS,•--:.:•.'.:.:ty•...:..:...:.nK:::�:.:rf.:•,:.•�.nat..?•t::'t•:•�::.k•�.���S,�k•�}'.�:..:.,7o.%#.••.:}.:.ia^•:n.$tv.Yw`.,.'+}r}..•.z•..}f.r,+x:..,�•..#}wtLi.,•�$.:.%::{vr,a;:xa:inY4.„,::.x...:.::.....xY�•...Y'`�.Y.s�+,:.<•...`.x,..+....:•:...t..:.,.:..:a.•.•::•......R?w.:..�.+,}}..:a{..{au3.f:t`:2..•.r;5:...,:-.,'.,+-at3"y,r.f.'�,{•S 41 .000 • m� sidewal :.Li!':v{r:.;�:r�•.h.:i:•;�t}.ax:.rY,r!.�.rn•,$€t:x•.t:,..�?.{fv,££a;. .•$ �k•:,:w-�:�.•'.;•'L_;�K,$_tr"{${{i. J4a:R:h..:•w•^:•. i:y.d;,.,:.S.f...��t}xh`}y.3m.^.3{,t.•.e.,. a.,.2:.,:,...•.r..s7,.:..�:.:.... }r...xi....62. r...QerY:..:..d f}..�.>.:r}::�wo..;`Y.^:.m`s,2Y•;. :..•.:,.::. curb ikr;4 '�L:' tri:�.{-J}!;•r:.:.t v x,. face . ..n.. nvkvnn'}:+.xx:!•r,v .................................... ...... ...: ,,:.'n.:♦. ,.v.n: :.. ., .v::.!•:{`:.r n vh v.+{vv' .n..,n: .xwt,n,...:.n-v.t :.n n .n•' ::':?:•:. :........}.,.r..n....,.....n...........:...n......,t..:.,•.,.:.........:,.t .. ;:... .r: .........Y ......:.. ai .....:.,..."•t,. .{Y. v,5:?2'v:��;;i::::;:::::::>;::{::�L'.'t` :..n.:tx-::•:•n:t::.r.r:.,::•.,•:x.:,:•nv..::::,•:,.:.x•„t:,ax.:v.:,.}Y••.}.a.✓.•r>,.t:..h!:n x. ,... Y ,, k 2^' \:.,}v..x .$: ...'(.r ... .......................... ...................... r. ..,...<.r........0 ...::,.. :-nv.,,,Y,.•.,:.,.•.{{.:.n•R,:•. .{.,•..::v:,•Y}.r.,;;{..'e•r ,.,::•:t;t •4{atL:..,. `. ':t. �: v:#: ..,i � �Y.re•:.+,•:2vY?<{:;kt•.L:t v�.;r:;;c�i7.:::,,ty2fa,L},........ :::}.r.a- :..{`a.;q..2 r..x�• :.#..}..:•A'-... �•'. � ::t;`nye' ??3,.,„ ?} 3; }at;.! .•}:? ?;”` t•-.}L...x o-,::.v:..:}.: v.�f. <v,J..t:.:n:.,v..n;L{.-{••.... n:x•%C•n. v .r{ •.t2:•� Y ¢ `:'Y.}'vYr{ri•'}M1'':},yi .r:•cxx :..:..:•..}... Y.. ............,::.....: ......xr}.a r..:b.;.:...3,k::;i•:L}....i. •"'fit}Z}r :.... }r-:..v,.•r•'?`.:},K;:, :}: w•`.:.at !F.t atvt�: '•:tt::'.• !;'f..•t' :'�}�:�: :.�•:::..:::}.:.,..::.;...,.....}'�,?a::xa7,?c:.:;...fx::. 3,..$. •a z„•a x ,• :�>�'3'. i,� -.�:.. .tire�:}:�v�i'#•>G:•. .�,.c. ::z;;�. :>.:.t,x. :.:t:•:: .,;•:;1•$.3:i'i':,k�t.!}:h.�},)..,-:R.}:.{.nrr:�6:�-•� ,;n yn: y,•:.}}. £� } ,ti. K .:Y.i.., .,f!cz;•.�$..::;}.,-.n ::r{•:, ..: h•..:.: :tL :not..: .^ :• t.,X '{ ? ••,�..+�.i•:;L• .kLZ:. };%?,� t•%r•:}.•}f21 .n$�.}i}.}}"7.r.. .::�:ii:w•},;•};..::,}.:.. .,., {.�'?:..,..,...:{�....:Qhx;x.}i}}y;:::$..•...::n•-:}Y::,+:,n;,,;n,'.'t}..-iv}:::.v....+$. Y .':mow' :i. ..... :. .:... .......::.:.. ..r............ .':.:....r .: .r ...:. � ..:}a...3: :A:,,$:.::.;:.,::..t:�t;$n... .:y�:':k;' necessary ::........:.....,..,-................,. .....,.,....:..,...,:.,.:,....,•.....,.r.., ....7..,....r:.:., f........r...........�te�:r.��.+�•�b� .?"}.•sxr.•:wrr:.}»}.at}::Y3n3r.{•r.3:....3x!rhwisr' '3?is$v=$s;i>:�:r:«fcw......3..a:}r�.r.w3}>:tr:..r...l'rr'� r. ...... ...r......... �.:.....:.......r......}rs.....r..A.....r}.............ar..rr..r...rr.}.�1.r....:n.r..r..F>.n...r..... Y ;;{•':{:'•�• longitudinal and transverse drainage, and street lighting. Applicant shall construct ,;:' .:'+:t.'+a,TM.; #'. '::.^•.'�': • • ;'• r}::.tjt�.}•,'::.,.�>Y`,':fa.Yl,`^,.,,`ay':�:::<:•is•.':`}:;face of curb :=t from the road centerline. Sidewal „l:;r t .` sha11 ' •:;rJ'';i::i$�$:t.`:i:it: .v;+.•:';:� v}.tv: K vw;r:•}b:L•}}iv,L-:.}:}w:{•i:i:!4:;:•aC{4.»?•::Lia}:ti;•:K..C+;<aii:4x.:ti{":+L4'r.{.;{{i w;;{i{{.}:i-Y:%wr:t:.:.<:{:?}iQ�.v{n... ..::.•.vnvx.}..v;.;::?,a.:a•{a't•A....:.;$......:... ..:::....:1;....},:•.ay.&.v:•nf-:.vi:n.....:.:..:.v;..::n.::..:.::.::....::#w:::,:v;:...:...:.n4; .;.M•}',}7?'{`•: ::.t};:$i'i::i::t;<,}}.'.:4:.;i F,'ti{:i•:pb'L�jyyr}.:.:v.5tt: .`C .•n{A.:2'';<i'.: aW.:.. r„^.:Y,.n.. art vv::Jilk{.i•;`v"'�1;:: • ;o.:,y{;, J o:.L,..:.,. ••:;�::,,,ist•,.,k•X•::`}:::R:ti:+;i:;.F:::-r.C'., �;4' .,,;.,$a, ::.#. :'s n L'c: ;: 1 .a.r ` ������ $:s.•:v nth s de of the be constructed on �� ���:.:: }:�:r ':` .: :. �: }�. , ni street. For portions of"A" Street adj acent to the lake, the roadway shall be at least a 34-foot roadway within a 40-foot access easement with at least 5-foot public utility easements on each side of the street provided there is a convenient, separated two way bicycle and pedestrian path, which minimizes the need for bicycle lanes on the roadway. The two-way bicycle and pedestrian path shall have at least a 10-foot paved width with two-foot clear zones on each side (Finding for Impact #65, MM a.c.), and shall be located within areas or easements to be maintained by the Homeowners Association. The typical 34-foot wide road section shall include one 12-foot wide travel lane with 2-foot wide shoulder and one 12- foot wide travel lane with 8-foot wide parking area. Applicant shall construct standard vertical curb, • A, u-U fiqrnia) A34 the 'A'Ke Side ^ the-street-necessary longitudinal and transverse drainage, and street lighting. Applicant shall construct face of curb 17-feet from the road centerline. MODIFY Condition of Approval #63, Roadway Improvements (Private On-site), as follows: Prior to improvement plan submittal, the applicant shall submit a sketch plan for the following improvements, subject to the review and approval of the Public Works Department. "R" Street shall extend from Fallman Boulevard to the marina entrance and not be less than a -50 -foot roadway within a 56 {: r -foot access :.. easement with at least 5-foot public utility easements on each side of the street, }iy3}•r:wii•3:'•i:3}Y•`4 :x;h:::{:3i}w}�.:},{3•... ,,,y.:• -.}„},:..:::..: The ....,e....,.J... t:C::Y::i'.'ri:'t.}:;}Sza:::tt :•:Sii:.. i+}}i}:;•.xx::•-•,r {. •, Y i,;f ,. ,}-r:• ?.:...3^ki •:,.,,:,.:.., •i;;}}::54 :"t:•:r•'.,$fu"•r .i•?k.<:F:'.{^:Y• '•`,rt'{v ,p v.•YS`@.' v, 4•... ,; i+:L{?J:Y Z.n'..:. :i.....aJ:'t' Y.if:{r.•;4n.:$•Y•y," �t{; ",�^:tk i :33+-. i }`i. :?ni ..rF. :i}..v 2'.>`.•::+li i:•}$f`':: s:•}:••:.:qq q� :n... Y1!:3:•:.x:.f,,.;;.,$•��`,'�:rLr iiw.t• .:t� 'Y: ;; :2 r..,y. YYt '; ,..a'.#f .t•�,yy{.�:'�.z•.,,,. n}S:{trY,.y:!?^�: R•:v:.¢,tTli• .;?¢{:v:4?}'.,f.,Y::::�.;:!,^.{'1.::.::n:MT.J. :.t.�.x: v..�v :+}';.�'•:+..•v �:•'•'�•iv •.t fi mac:..i....._� ::.. __ � ��• �� typical. o ..r:...... ..r......r....J....:.....}.....:.....r}.. r .....r..... ..... } .. .. , :.,... :,s',••.^•.:.:;:;a;.h•i .Y, •,n i Y. .. ..S'f.ti$;;i$.•f••..t:t:•'+'`•i:.,}..}' }}f:•i}t;s:}}: : .r......,.... .....................:....t.....n....rr..:.:f...na.:fF:. .: ...,....,.,...<:,:..:.:....,,.:,,x:::::.c:...,,,,a:..:.:::n:x:..:•:.,•n-.,.-..u•.:v:a::?,-}.,:.�..,::.w.,.ta.$.t•::..:,nY•:.,a:.:...ft.h rx:.#?:f:Y:..xG....,. •..t;s........n..,..,..C,..,..........,.. :�;:$:.::�:t: wide road section shall include +F_r^ ''' feW eW t 1A x i i* %e +rA ffi^ 'ar e *A%ep 5 f^^+«r;a o bike .c�$fS$:d,.•F'. �:::::}• X .Y.{nrfJr{:;n':rr#:`':;!••a`;fY;''r'�$^^�' $i::$+:t:. $cry;',}#snt,:$•;?::$f;r,!:: ,r- fii< 'a aL•s'::,tp f;;T..9' .:::.£c-.,on`.,.{.# .. �5u5ey A� • • }•::::ti{, .}':..r.: +'”` fiv.+''':.:l W{h{}{{ :'$F, ,.1 i}{L3't• �v •#}jiY3>- ;;.:%Yf.%Y'.:: ;�3::::{:+f::yiS"f.:.::•fG:�tr�� :.,,.{$': .. :.:�: NSIN ,� :..s^;Y...:..:...:..J:•....:'. ':7}i:{txr.. .%Cr:}'•}:i::: r::$a y;t{ r}. .•}$r'f�'•rfi ::Y.`•: ..y :..$':is iii: Y} •..}'•"-:r•vr- Y. i'}YY-x�}r rK•}:hi:..,•.}....,}•.}�^'{�%���,'%^."vn'y .;;.:;:;;:}.y. .:.w..a.v,n n... :.n.vn:n:...x...:..n.n..v..xnv.vn••.w. nt.�..,...,t Xk....i a v;., .vh { '+$Y'•`}:•}::::i::w:: ::n v N,%7'.:'lri..;... ,. .#'R6.X......t,., .2..t..,,., .•# r r,i: .............:...........:.).............................................,....:.,..:.....J.r....,.......;....r.n.d .J......,?.'...... :n-,.::... ..... t,r 3. ...r. ..nr. ;... xv.�:.. ..v........... ,. ..:.. .....n:nn......v .. .:.,.....'4:4n ...J..C':5..,,.nv :.....v!>},•..rb :w:s...•�x :.....:• Rhn+• :.:1..::.r: :::. .:n..-•:::•:.....r..{,,.:ri,.....!%..,,:.:::.::}}.�:,.}:h..:::..;,:,:$>a;,;n.}}::.;.x,::.n}•';{� :.v•„x... :i::......:...:. .:�•.�.:::�:�.:..i�• h rc..: .•J::"• ,,.�.",..,r .'��.3: .•>$.}r..:,r... .. .fi LJ;.... i .; 7#:,:J.. •fi{•y,t;:%;;h. > iy {c� :}?#�f.:J:f•}:t.ta>J. .. f.t. ''••: ::k {:,a' art;: ..`t'. .••�.t ;:, { ���• � •}}. ..$t.,:;i: 't• t•:r:x :rS ....... ...: . ................................................................ f , ... a .., ..: v:..:...,...... :..... .,.......... .....x. :.#..... .. .,....;n..�����!1�•iu !,n,.:••::'. N.L.:•;•l•-' _ n .........,..s.....•..,..r..,t..:...,..{�,,..,....:....,.,;......;i,.,-..:r.....n..:..:t,•.Jf..:...:.:..::.,L...,{.:::.�,,.::L.,.2..,�t.;-::,:a.2•:.,•.t,•r::r:.:,..:ur::r:n:-:;�•.-.£,-:.::.•rkh.oI t.{-..rr'.a.4.:....,,: .4r: : -...:�•:,::. ;,qh:.,>:•};.,;.}-. •.6 !}%f � .-.n:. .::i.... ..�.c•#s';''i{�{�oi�.,,taLa}•{, .r}3G!�}a�i,'.��;', 'J"�-n1.z`}..:r:#>;�%-<::••.,C'.rk iti:: .<r.;{:2ik%at,kk�'�fr` :W i:,•+hi:t$:;,::a.:r.k::•{,:ar'€�t.:Jr•�.•:f::.}}: Applicant shall construct standard vertical curb .:...:...,....::.......,.......r:...:....L...:;.............:....................:..{...;..:.....:..t..,.:,...:......:.r.r...:....r.......:.r.i..K..:........:.............$,............f.:.{:.r:..:.....:.....�....:.v.....:x.:;X:..•...x,3:...ra.....:...Y'J..n•..`.:i•:}{•,....•4.,..}....rn..:.:.,7...r.,.:..{.,...r+.......:....:-.f...y-...:.1.•..v-......x,......,.r..."x#x.....f,�.i.'...::.{.f......r:.a...::....:....:.{.....?it.:,....'t.{::...:.4f.$.:.$:.•..:;i..r;:.r....;;kr,:.....':k.n....iL....$t....t..t..•.}.:....tt...t{..1Y.f.$.:..:.i..J....rf'fi.........:,..".t.,:$x::,.:..:.:.,:.:.�,...:..3.....}...W.,.............a^...x....h........}.:...}................,....,.......r..f,.'Y...Yx..a.:r...r........:r..a...........,......:....:..,:...}..xr:.,...}n..r..Y.......,....�..z.`.................�.:.R...e},.r:.an..:::n.,...{..,..,..n...}...:.....w....:.::......•:..L..}t...w.........:y.i.....•..,..-.:...YL..,.:..A...:.::...:t:.•.u.•:Y.tt,x,:..r....L..L.:�:...,..,.,n.,v..•:C.'.r:.:...::>...£...:..i:..{•,.,•..hxx b.•3.n..r..:...:{}.,#,.2.•.•'n:.'...:..::!...-:.,#L:,>n..!:.{•,:,^{,...:,.•..;>Jr:.`•..., ..'r...x......a..r.vR•:-„#.:5`�.r}:.'.�t,'•r,......r....a.;n.8"3.•�'„.....}..:....:.. :l.+..:i-.,a.w...s:.•}.'t.;:.{ r.� :•:...£f}.J.:}�)3.t;:'l..trr.y...nr:.fYn.t.•v:.�:.....•Y4xz;$.,{•;::{�),.%.'.c.Y.:'<•...:•»3,,..-}f.w�K{.::.:t•?.�r{•::..}.'i:v:'..%':w•{:.•}:':.f..:.»f_):..':{,:.•:;.`:.,:f,r!:'..3•.{d,%:.•�.::�'..r•,i..•.�$'.C.0�rr:{,v:.}•-:-.r;1:•} .. sidewalk£ ide : width measured from curb face) -WIN S � }aM:n '}•lI:}I""R°.:�ryr',:.•}$LC,•.{'t.tr{.:aa'."{w..•:{a.'.��;�•�..`.i,r'.:{K:rc.:'...+.iu.n"•2•, :{:aY•t;i,v�:.}:>.:CC}�>....}},}...x.}."}{.,::.$•..n..„L$a,-:F+..:':r:{;.[;•a•'/,:t.•ny}$;.'$t:7,$L::$4:',$•¢'::;'2fL;,x'.`r•:. }i:;:te$;:w•}$<ry•}J$rr•:.{.�::�.•:$fi!S]t:.•.:':f}.;$.:t%y..+I�w w${t..k:$,;.:?.:}5.{..h?:t:f::x'f>,M:'`.•�,:j:;,.�\, btYfi^ti�r�..<.2p},•..:..j }S .^:..R n'�aa',•'•n.'.'-r::Y FL'J�•:�.':''ff.".°'.:�'':.S. f t•rYt,.�.`.}a•:R';.:'{;.i':�:}%}:}%}�'�"ij}-ti}fL.t^};Y::.i�`:7^:.l..:>; Y:6t {:-:3# ...�.':tiY•••,•;::f: ,Jt: {•. k..: ..Yv., r ..AF 'Yi'�:i<•• Y::# YYY Y$ }`x ,Lc .,.f. .. k ...>.a:.< r.} r. r .}f: ..f.. } } r �•> .. ::aJt •:-:. .r .,{::...arY•.,��.a,'.,,�}`r::sf..:. ;.{:,>;{{..F#x...••:.�.J•:,..,a...r7r.. 7:. F:.•.h� :f ..r� +?n },s ,}.�}'$sn:$w:•:3n..4:vfoww}:�;:37YA};.s}}7r�r.r:rrY»:}>•:^•riiiif ;$f:'$3r:%:t'�:'$»i'�:•%Y'r.'•'Si'trtie3i%4r'Y:o33:••/,:a}}r.>::{•$#::$rs>:•r`.•}: :{trv,x.}y32.L3?}:.f}:3;5;:.••r?3-:�•..;�..8.,. •;rK>,>},;::$:,::.....::,;i�.f;�'i. %-r,Ay .at• .J?'r`wt>$r�R'r..�c.Ly •4 •.o:: r• {;.rc:�..�z#;k;�;?. '`�ry�'i•.o{a$:�i3s$.r.nr±!:...};,£'::..xf9fire�f.:�:::a"-?.<...Y.:.};?r.,5�y,;<$$:xwaS.;.�„ £t y:?3t� t2.fu, $f'.,:3: ':::kY �.2., .r, Y..xy%� v.h;} :.:$'vvv:. ::},'n,C+{i,;.., t• .;.{ vx tjpf.:.•..;....:j „Ly ssa longitudinal and r. . .......... .xl:a:•w:h:J fr.-}y}'J:•:{.rr$i:^::Swr .}i•:.j.r;,.: ,... ..... .,. a.::.:;,..$,...._.._.J:a,{});ir:•its:y.n9�.R:K r.:r:3^'lru.. J ?r}t...'.;t.:�3,Gwf..,.`e3r£$:'r.•"4d.�'tS::�,,.. transverse drainage, and street lighting. Applicant shall construct face of curb - rift•:i�7f""Y,:I•{}juin}i%,'{St,�i(vvx,'�.�'X^„F�'G${4:;�:j: x..�;i.,..,:'f::it�. • • ..3'�fy:.:v.$J--#�-4^$js:`.,�6.{'�?}:Y£'w•::{.�%•�'{+.'i#{.: feet;' `�r:�";.:� from the road centerline. Sidewal :;=: ;::::.: t shall be constructed on ....:r.}:};x;•:•:£;}}?}:7}.....:.:... :..:::-r:=i>$:y:�e.�.'-.��•�,?r::t$f$}$s:xf��$:-rr`f'.:':•.:'$::.>}:t:>if::> >:st one d�,.:;t�kX:,::`<$:."sf;f:;'y`:a,`.v}:;'•'^^s'k+,tt,`{;'2Y:^ K:N".:Ki,:.`,t+;+•,w+:;kk:R `.k,Y.•: •.,yv}a k?,... ;kk>:: A♦ k^a:,�r��r.�.s:,'�•.,.:R•k;;`:>v�.r;3�;�;4 • ;'�3.•. •'�'' ..�1�•,:`:��o-:3'",?.�Yo.'� +�i,w• •,'+:avy •:3?..;.}�..•.,.''.:L i} ..i.. is of the street4h . �y ` . If agate i ....:..........xtr..:•.?{;;i`k;;:a::;{". ax;;;:{:?:d :Fir+v::Y. •;vs.r.:.•::.;.?•;: IJ .}. Ur?}iiv............ 4ir{iL+n,l;.k,..if`•` +'. ...:+.:...kv.:.}y... v. v:.{ .. ...... ....•.:.}+... �..?:}:.::::R6::}.+.:;.,.a+•:•.:o-'}r.-:.•Y.•..i.?r`2Y'f•.ri�f�t•:i3�fo::k:sri}?:iifu.:•i,:.',.:•}3;ri::�.f:o:�:,:} �i: to be installed at the marina entrance, adequate width at this location shall be provided to allow the ability for wayward drivers to make a U-turn. MODIFY Condition of Approval #87, National Pollutant Discharge Elimination System NPDE S , as follows: "... Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program in effect when the project k',.'•>�., 'k�.��•'r,..:3.{::;u�:?:�:c•:•::•i:�;;�!"•7`, ,} was deemed complete _.t :' k :���....,....:{:�.:::.::•:.:::.:::..+...+.��:�: h.. for the site's storm water drainage: " MODIFY Condition of Approval#116, Reimbursement, as follows: The applicant is also eligible for reimbursement from adjacent and nearby future developments as outlined in °$ :}xN{ ` r�•r:{.;;. _ :. '3.; below. If the applicant requests a+:Jw3.'RVi•{`•`•kk;2>w;k�.a'•kv•.�iaGtiStSaY::f:Y reimbursement from the County from future development, the applicant shall be required to pay the County for administrative costs associated with these reimbursement agreements. The applicant shall make a deposit to the Public Works Department, Engineering Services Division, of at least $1000.00 or as necessary, to cover expenses as they are incurred. Applicant shall be responsible for all costs for administration of each reimbursement agreement above the initial deposit. Any unused portion of this deposit will be returned to the applicant. Discussion: As noted by staff at the hearing,the Public Works Department does not support the requested changes to conditions of approval proposed by Hofmann Land Development Company related to the modification of Condition of Approval#105 or the deletion of Conditions of Approval #106-110. It should be noted that prior to the hearing, Hofmann Land Development Company was afforded the opportunity to review draft conditions of approval. Subsequently, Hofmann Land Development Company requested the above mentioned changes via email. Staff responded in phone conversations that the requested changes would not be supported. The Flexible Mitigation Monitoring Program is intended to re-evaluate the initial EIR traffic assumptions as build-out occurs. Through the use of traffic studies, the County would have the ability to determine whether or not the traffic contributed by the Discovery Bay West project impacts the existing regional road infrastructure above and beyond what was assumed in the EIR. If it is determined that the traffic assumptions have significantly changed for the worse and that there are new, or additional, significant impacts that were not identified in the EIR, the applicant shall recommend mitigation measures based on the new traffic assumptions. The Discovery Bay West project was originally conditioned to perform two traffic studies. The first was to occur by the 500th building permit and the second by the 1200'hbuilding g permit. The intent of this condition was to evaluate the traffic assumptions as build-out occurred, assuming that at the first traffic study, 500 units would be occupied. It was determined with the first traffic study that the number of occupied units was not close to the 500 units as expected. This is due to the fact that building permits are often"pulled"in large quantities and is not a direct correlation to the number of units occupied. This same situation was experienced with the second traffic study. The number of units actually occupied by the time the second traffic study was completed was far below the 1200 unit count. The majority of the occupied units at that time was located within Villages I and II and totaled 717 units. Seeing as the number of occupied units available for the second traffic study was less than half of the total number of units expected at build-out, it was determined that a third traffic study is needed with Village V to better assess the traffic impacts due to the Discovery Bay West project. This third study is required to be completed by the 300th unit in Village V. At that time, the total occupied units is expected to be closer to the maximum allowed and therefore yield a traffic study which accounts for a larger amount of traffic using the regional road infrastructure. The results of the study will then determine,based on representative traffic volumes, whether or not there are significant impacts. Through the flexible mitigation monitoring program, the County uses the traffic study as a mechanism to determine when and where mitigations are necessary, and how the Project Traffic Mitigation Fee funds can be better programmed and allocated towards these mitigations. The result of the program will help to facilitate County efforts in providing improvements to the road network as the area continues to grow. Please call me at 313-2293 if you have questions. CL: G:\GrpData\EngSvc\Chris\Applications\2005\06 June\SUB 8828 COA Mod.doc cc: B.Balbas,Engineering Services E.Whan,Engineering Services M.Sen,Engineering Services PUBLIC WORKS DEPARTMENT CONTRA,COSTA COUNTY DATE: June 15, 2005 TO: Will Nelson, Project Planner, Community Development FROM: Chris Lau, Associate Civil Engineer, Engineering Servic SUBJECT: SUBDIVISION 8828: EAST COUNTY REGIONAL PLANNING COMMISSION ACTION ON JUNE 139 2005 (Hofmann Land Development Company/Bixler Road/Discovery Bay/AP# 011-241-0065 0075 008) FILE: SD 8828 The East County Regional Planning Commission requested modifications to the Conditions of Approval included in the Staff Report for Subdivision 8828 as follows: Requested Modifications to Conditions of Approval: MODIFY Condition of Approval #111, Construction Truck Traffic, as follows: The applicant shall direct construction related truck traffic to the site via Bixler X•;,,�„irrx2:;r.;:Y::4•f%%S{`v:::}�v.::`•S;<.`,i::YYY..v,4S:f:,}ry.2r$:y'';��,}}}:i,#:{}:;r�$22rY?Y2}:�::iin`%}v}i}Y:}(r}:'.t}}2}'v:i<::j�:, Road oad n.x'.,....•..,.•............,....:........,....a...............:................v....,.....$$.r.7.........,,........xc......i .....a..a...n.r...{2..........:...a2n.......f...n.....:....r....,r..,.,..,.........K.......n.........r....:........�.r,......fi.o........[....P.7........r.n..`:........r......!.....+,.....,te:.....::{,nn....$•.........:�.r..4..,.......,...........m..:J.�......k.......{...........•Y.r,....r....;.......n....v.,.....,.r..n..;rk!.:...nr........................:.r.....�.........r......n......a..Y:.:.:r.:....................{.......n.,...........,......:...;..........}.:.n.:........:�.........v.........,v......:.,:.......:r.r.n......}.;...n...<....:....+...;.:..........r;........:.S...........x:v..r0...r!.rr•�..,...,...,.....,..�.::r....x.nr.t.rJ....�:.....:..v........,.....�.....,...:.r•:.......na..,..........r.:...t...•..............n......:......r.................:..,.:..........,.....:�t..a..,..............+r n...yy.......a,2.}{.........,......:....................n...n.................xv.........,......:t.......,.:,..c:..r............,.}..........n........}......................:........e........n,.n:at.......,.....ry....r..,..:..n..:.n..............::....n......:...n.r............-.-.....n...ai$.;.............r.....,,.v..........}:•..a...r....I....in..�1v.'........3J...}:....n...H..{:}..,.r.....f..::.{,0k...,.}:................�.•...u......:.......r..n.,........t.,..............Lt.:...r.....:...n........,:...r.....................„....,.J....:..n.n....:.....t......0........:..•.:.........:......».i.n..n...:.........n.......h:.......:......:....:.,....:.......,...n..g..:....................,.:.....r............,.cYr.r ..t,....n.,.i..r..r....r....:n..,.nr..r......l...:....x....•.:.....,...h,.,{.,.n.....,3,..:.{....4.•.....,.!r.F,.,..•..::•...r,.,..:Pr..:{..:.>..........,.J.t.;.............n..:..}.....{......n..I0..:}}...,..;....k....w.....:a.,.......N...,a.r...,.....,....:...,,2..,...n...P.,.....:rv...,.......Y:.2}:t,................:.,.,...::.....•..r..S.:,:.....:......:.,..:..a....�:...,........A...,.a,.v...a..,a.,......,J.{e•{.s<...........,c ,..r:Y.A,.....:....,.A:F..n..5..a•�........:..#,..W.r.......y.,.,...,......r.....,.......•..Y.:i;..xa.......,..t...n...:.....•�.nnr..Kx',./.a....-.iN.h...P....-..,......:..br.n.?..4.4.r�4,n..;..,.,....r::M..:4n.f^....:............}.f#..:£r......,..:•..:,.:.•��:....n..,.•{2..:,..Pr.r�`+....r.....k.•..nr.>a...,r.pr..}.{;..:.r..;...":..;..,....J,..,..,..w.}f.i..,�ro,...•}.'....n.'.....a.rs.n.:..:.........:..r.< rL..�.r...:..�:......iY•::....rr...OY......,..n>.!.:.........:.,.l..�..:.......n 2........$.L.n.r....,{.:..,.:::.F:.....•.f,.n}a„.....:P.......Y......:,.:r...:v.r,..0.�..r.,....f.a.,x.♦,.�.{.R....•.ni::..�.f..t.....:...,,.,,}w'Y..:...:},..n:...t.�ty....•:•........n.o. �.......::.:.iv••.r..,.c:..:.....n...:....u•..:'.n,..!rr•.:}r.y......3'lnv:.r.\:�,,..2•..i,.':,.,�rr,`'.4..r.:,:a,}{{..vc..:.•..{....n.r.f%,.:.,. ...,.t..:..,...:{•...2,•:........:U}m'4,..:.n9.,r.a..a.n,n:..:k4...•.........r',,•,:.:w....r•,.r..r.r..,:n.....tr.i.-.::......�.r.a.s:..o}::......Y...a::....i..}$.�.r....•..::...4xu,..nr..r;...,......•,,...££E.. r..,/f:....;.d...:..5s r't.r..•...i.•.„vu..n.,:..t:.,.•:,,.•.!}:.Y.>•;,..:.Y.}...i.:nr:3.n.:...An,Y*.T....r„:•.:rv:....•.,,{,..n....}.:iF:9...iY.rv...dfi.+r'ral^�•r....',•7'....t}+'•.,;.i.Y.•'<n.t.:•...Y{.::,:......m..}t.:.:...nQnx{.,::.•,.•..:.<:.x•rrxG..,.:.•.�.x:..•,::.n....n.:+:2�r}..n..n...n.}Yv.{:..-.....:�•'4..,r....fi:..:.',..:..n..�irc.'..J,{{',...:...:.r.biO.}........n..a•.},Y•.,•r%}n....•rn,.�?'..?:...'c{a.+,.v.r•�....ni..},.`,.n•....:.:;2,.�,.♦...':,}'::.;:ve.n.4}a-.r•..}.,.:..:..+.+r..'.::.F::4.:::....n'•�lt:vn..n.v.:..:>.`v:.4....+,•.:`.:.�.....n:.r..,:..:..�2:v..:i..,..�Y,....:I•.:.r}.�..:...r,iMc.•....,W.�•e:..}}wMn•..•.:.:,...r....It.,,\..4.:,'.....:.:..'..•}:,r.r:n.:...•.:r:::..i.:.:..n..�.Y•<.vR::..•.:.a}.a;.:.a.:.rn..:A;:..:}•$l......:a{..;:::........}{.:-,..s..,:.,:n..,:,�v.:.•nY',.>•{�# '.:(.•Gr4.rY,•.n.�..t•:.#2w:,2,•'.o:f.•::}�},.n...n:•},.!.�h......:.}..:,:.•...?r.'{...'r;ri.••:.:'i,.:..:.'.O..,�£•.'..ki$lt..!.,?a',n.:.:..,•:,.il:.Y•...:}rn;,f$.t.....>}•.,•.;.'.:.L.�fi:+x,:.::.t.}ri}0..::d.<:"v{;Yr..5..:Fa.'.P..'.,.,..•$F:..:.fii>.t.',.:.,fi5..r.t.;.?g7.•$0 s?�..'•S.,O�2,•.�w. SRI., fi.'.++,.i..,..••r:;�..,:s.:;:Y:,}v:.:4.:%:::.i•..n..r.};�.•,v:,r;:r.ri,,^..Py,,�}.Q'F} n:4�vo•Y3,',r•..;...r,cr}.2.v:r:,v•.»,}'.n.��y•x�.Xr„�.-..rktk.:t;c'.c.y-.�.r•�vr;:>riin2�::.{'f:..-.v..Y;..w:•i{..:.:..fi..•..+v>•N,},i..r.{.....rxv..x.n.n:r.0}...{:..R n..�iv:$,}....�rYr4.k.•:.:"J:.:.a..n:Fr�x:.:;r�{-f.�.•2:#.,,$.•.$'$'.t..•;.'.}::x:..�,.'rt.•}.�...:•�:f,...•:..r....v'�.Yrf::>}.•...P.;:2t{}8..:..,.:}Y.„..•.::,...::$rr,,r#,>-.}:YYY:•..at':.vn.:.?.'+.�:.�}?.{{:.2:•;.,•'•f:,�•:,,:{}:.}tv�:•..;'ir,vY. ,.Ynn:.:•;ar.•..•;.#::•...:$r}.♦}:,,,..'.}:..v•2..s,,. .rf;��.},i:'•:J.r•$ ,2•r:..n}Y;.;•v"Y>„.. `.., :{.r.:::•L$i•.>:'..�.'4.�C�...?}•}••yY.,n:..:$>v.:�...{'�..{-.:4.'...•.✓:•.;.sn:s}t}.;::{.:_Yn}d.:{:.�s•�:::>..;:::...4.Yt}�.2•f:..:.Yy#{,tr:}t.1..„.vn::iTo-.`^^..r..::v::'•.•.:�:,.'.r:.x:.t#r.w::.�}..2.:.;.5r"r:i 2}-..;'$fs:::..r.'$:Y:#:s:.':},:::,.::'$f::$S;..;Y:.�,r',•':.}:,.•:t.c.�YJ..P''{:.:�v:..'�r:;rr. ,`v•"n^.,:::vY,f�.•:::t.Y•ir:::r.3t,,.}vr:.,+$::ri`,as:'.y-4}-`.6.$t....,.':tt'...;rY}..�a.:.::..•.;`2:,.:ssY..r,x r4;•S.{:.r: {-- .;F:;,•Y.;Y;::J•;f.,� :a.{.{v.•....r .. �C:.'::•.Y•:.•: •:i4t,t.•.k..>{••,;Y:.{v,}:.''..'} :;v:n`r#:}t.:ri•:.:r..::�i..:.Jir�{{..:R•.i�-..:,::{"...y;...•:.r:sy;:.. ,..tt:r..;a.>xh$.:t,.'.•v.�.,.{.:{.; Y..Y #:..{r-.'}i{:•.i{:n;.} •,`•::a:v'�.:.}:.,;:i},.s\:{;:.y...f;rc.:.v;...v} { f..:rJ:;.•.1{:x:::•;.{;i•::2y;.:e�1.;.:I:,f: ::r.;•P.;}:'..:.:i.•:$r:N•';L.::.'Y .ri.?'xi:.y$:: ? r... ,�. .t .n.�....n .... {n. , •.}i}r$�:i;.:$..}Y:i: 42%:'{.:�•::.>:.<;#;#'{i ; :}$.#;•fii $ •n:`Y}::•c:}:r..k•';::::`:}}r}+'}Y$•:-->}:5:'"':}:::;:.;:;::. :•. .. �. ,: :...:,{:!:•..,{ .......::..... .:n•:.. •�:;`''{}'..;•:'•- ....< ::fix:' {.... Y i ..,.,.:,........,.nn n..................:.n..r..:r.......,•........n..................................,...................,x.a.,....a...-r............,.,..{.:n:•:n:.::.:::::::.,:1.... .:..... v. ..v.,n x.:..v..,,:n....v...:.....:...-.:...v.......:.. v.... ..:....... .vn,;+.i:. s.J.J.r....P.......... •N ............. ........ .. .n......v.vn.. ...n,:.,., .. }..... } r r }::::::.fir}}Thiry;::}••.v.�:.::.: :v4v..vn.:::..........::v::a:.nv...;.; •�. ... ....�:.>n...,}:... ... .. ..^liu ........... ..... . .............. .....:............................................r...................................................::. ...... ...rs...........n...................,... ..•fi:w;:}:•...}}>rx.}:...;::.. :��r�xr%::>�^}ii'%^r�; :$sr:�;:#:;::. r.... .................................. .;;{'.../r{v.:;t,Y�`',tri{$;,r}L.{;#Y,;•`.yh..{..tin}..2.,2.�}:::. .. .. ... _..•,•0:3`.:r•Y.r,•:.,..rrq.,..;;22,n.,n•};.:.::•.':r;$s::. Y4' MODIFY Condition of Approval #114, Construction Road Maintenance Agreement, as follows: Applicant shall indicate on all subcontracts, bulk and custom lot sales contracts, homeowners association documents, et al, that construction truck traffic shall use State Highway 4, Bixler Road and Point of Timber Road as construction access to ..:.r.....::::..:.,.v .. . ...,t..i„ ...J.r .:...:..n.a...q. .S rnvv....,.v. ., ..:....,...:..:..a.M}:'..}.;:.:{;+/.:±.%•.:t{{+n•::{{;.:{.:.Y.;.:{.x.:.{•.. r. :::•;1:.....}..:: .......................:. ::................ .........f.. Y:... ...<..r...,rr. .. ...,:r.. ,.t x'•r:$;. :...t..i,. ..•o-:.x,r;}xwY PTO:4xy;{;,.,::.:.Y.O:;!.:i:::rx:::;t":r.{•:.t{.xt:{{.Yx+{a}Y••.}:{t;.:.. ...t.. :..Q..xn ..x£k... ...:5'..,. ..# :,,t..\v::,MX:£3l£F}{r{k'.x{•.. ,..,{:'P`2'{#t.,;r„#.aL:::::.ak:.,..:::... ,.r.•,J.{,.......,...:.s...:........:. :. :. uit::.:,:2;2.n.ir...,.n:.n..,Y•i:,.•. : s.r.a. .:.rn..:..,::.,, •.:•i.,r. -: #. .3' ... .,.'{•` .}:•>2•.i:a;:•.G}Y}.2:::.•:..r,} {}v:C;..v C' ':,vn ..:b.'a ::}{r+9•.;v},;;h;: .. .. `S. r.. ,.6 .4:.v. .E }r}:•.t r.}: i#;s;:;.%::2:i;i ......a:..n.:r:.:•,..n..,,.a.n..,•::.:�nr.::r..+:.r.t•...,,:• ..t..:....,...r..•r:�•.?:.n.fi,..•n,.,.:,n• ....... ................:.....:L........:.:.:...:.,.....x•..}}.:Y........ ..:....... ...Y...:.....r. ....:.......,...... ....... ...Y.. {t;r::;•..J.y:,.::.2}i','{' _ :/.j�};i,:..:.2Y•<$:::tY}i:S:}i}i... • •P:•x :.2o- i2. ?;}• ::.fi�+�' }:` {: this _ t s dev 1 e o ment. :.....� .......r.... ry...... ... ....,2 .. .. �,��•.••, .';...,...�f;+4y,,,•�2r 4...�.•:.•.-��.•,n•.-n:v -4},.;, ,•.!.•... ...�:+' ,•:...2.n p n'. i%Y ,{.�;r n�.5 ;..}:. •:.�.::n }n2a�.4•Y.+:x.,eiG'.::ni. ,•:G. .^ � ,ti;:..., rr r�>:?mss s'+ i4}•,.•:?.::}}:,::$$:: f•$ ,..nt t •O.#:�:>`'�;� ..y'.;,.•'�,..:f'%. .fi.n'�:�..,,:#£{r'Y� >� •:ra.n ,..:...............l..:.......:..;................. ...........r...r....! ..s J .r}`{i2':;:vt•'t n.}. n, .... :,Y..'.S`,22k::�2Y$.fv,•`' ..R>2. a -.4:Vyr•.•..nr n; v.•r: ♦,';2{:•;:,.:.:. L?$•t.n.. ...:.....a..................:n:.:.2.,2 ,./.,..,..: ,....,..,..........kF.•r„i;n..•....Y:, r,.: q•.?.:.'`.',r...:v.. .: .r .'C2'<'o,} .J-'' ,h.” v...».. .Mv:.'$'{-.:.r... r•.f...{:•U:• :Y:..v.: r..rte.n:..:?YJ 2.,,•n}•:�,-.,.v. •n;:.$ •, /. ,;r•}Y•.a..:.f.. v:.n.YS:.. � ::.. ,v ,.:, x• fav 4• .}'}:% {n Y:/+i'#{3rfv....n.{ .•.f.#:'�Y{'{::4Y$:rf..:$':'{::: r,r..a.,.tvr.:.::-x:;:i :.�:"..'...::.{::�':2�,.Yii•:,:,:Y{.. n..,;:.ra.,.w::::.,R.t..n•.}., _ � 'n `• :'�}°r:` .T '2$}``”' Y's'...i•$4,F;:,xi'. ::,0:,2;•::,.:x:{::.:.-.:,M-101-11=::•:•n,.............:i:..................: ...?O$:•..3;,... Y$��'�.�.}t..' >.r SQ?} .4{..}..'` •�{,r $�'."'�.,#dri9�,%: #;a'X'.�"”.n rJ,••� ...# ,.L.,v. .}• .. :. :.n:• rn..J :x , hr. :y..4. }J.» ........ ..:..... ... k� W���� n.,?a4..;.,:... ::t^;.,ua! ;G•r.'•':.. :::{.:. .{..:...;;........;:..:..:........:.........r•.n.:-.;.r.nhr•.:..;.,..:...�....r h.>,......$rr..,:,.::2..•.v'.r..-...,.t.}r.�•.r}}..r.r:.:,-v...'.c:.,....•{k.::..+:.CsS..a..-.:.:.:.......-J•...rf....>}J.Y..•..{.}.•..r..,.{...'.n$.t..{tr"..n..}.n...'.......,,'r.;......},..rJ..,.........f$Y.R}:..•.:r..$:.Z.,,,..fi.7.}.n?.,rA.:*...2,..::..:rn3.r.....:..r....{...F!.s.}...,r.,..7..a..�,nQ-.r}.:•.2::...$�t.:.•.•}..fr....:$..:nr}.:..-i$.X}...n.u�..t,}.f•...:n'v�,r.....C....i.:,.:.L...�'..,rv......•....r::.r......r.n.....S.,....r.;......�+..J..}....J`3•..L.;;..;}{:.;....,..{..,..{:...>..W-M; ......;....... nr....n...x.•.r....t..:.,,..?..x.....•:;..rr..n.,.:r:...,.:P...4v...n..:.....t:..,i.:.-.x..t..,:..u.:•P..:P.a...{..:...r........vr.fx,...>....;.'•..r..:..}t...:.r:...�.r.k.r.....:.r......L,.i....f}....{..'....•..::•.F.!..n..:2...i.,:.{..n...•...Y}.........>:...,v.x...�.r•."..rn,..`,2.C,>4..,n:>.:.LaL..,.x.n:..r:::....r..,:...{:..},•}!{,S4N?Y.�..Y..:n#r T.R:v.Pnn}K..h..::{Y,}yLv...k...,,,.�C:.x:{a'.rf•..$;rr.La....,,..„:.,.}!.}.n...`.tnr;'�2$}i,r!.!.rn<f:n r.....>.'r.,,t..:,:v...Y..,.irn::}•.,..L..n,...�r,.�t'#.r{.#...'.....::...nt,....�,:t•.Y_y..�!..'<}O}!,•{y,' .r$ivi.•'.2'w.}'..�2r.2,p.x:P.�:•Y�..:vJ!..;.4Y:.ty.x{}.x.,.t,.,.n...s3r..+}r:.!:.{...v.:...:2v,r�xr'....�.,.2.-.k•nn`•/.,.�;.%•sri„vn:�.:..v.:.L,'ry.nL}.:,•.n.M:,....:.;r...:1#w.3,.}la`.$..:.,}}.....:.n{�,..x:..•..•.�!. .:v.:.yZ}n}r..Jv.v.„..V..kn.'.L.a.�..3'S...?.:t}.r'.x}v•J vxa.,r:t..:.a}.,e:.fiC•r...!•..k:f-.2:..'.$t2,•f}f';....npJ:.,..YrC.v,aw.;.:T:Y,,.:x:..4..'f:...:...:.r•i.•,,}v..:.v.},,:..:ymC..x�.....S,.{.,•.Y:'2$:�^:.x..:.:n#rr...a2..`::,♦...}<..,..x::...t.}..{.::v..a.,!LU.::..$•:J�r.'?:•}:••'.v.i:ti•.:r:\.{nr i.n•;22•...+.r•:..s.a.fi#te..✓.,v..�;,-:..•t,::.,}$.•.:..f�•..m:n:..;•Y•.:.•.`#?:..�:�v..'. :�}•i�:•P,:n"::.:..:,rr,Yvrr.tY”?,,.��l2.tJ��.r.'.:�a.',r.�C�?:..v.y$r{:.:v.y],^{..,...#+2a.••,.,•.".t.•:N.i,,:.$a,,�;:':}--:{,.?.:SSvvvvs:}{..n.:$`,}.{.::;•u,T:..::ri-::n•:Sn%#:..y,•:vrxS,ii'.Y>{. a.'ry.i.:}r•ri:•�};$#`:..;n.'{:Y<•:2.} .f.�::',•14:':4'$:f•.Y•,ri'::' �,'F4•.<..,:t:.;::}2;{�::S}Wfn2Y}:.`..>..:'2rv:. LY::..�•:::..};}.n."rar.i.0C.'i21.O''.:,..}.i:n4{.2v.r: .u•ctir..`,{}r.:•{`Yr}.�O.•v:.Y}n.++. J::fi.�...p'.I.}+.}1�r.r•;l/�}t. ?i ,::•,..� :::..::,•;=.}:O: 2 '•Y#Yi };t:<•:}:'{};5:%:r�::: ,t.:..�.,.,.:..,y.}.`�..C:,... ...•!. ..£�'..:.k •,..r#,.F ,,f. < ...,>:..�d/�.:Gt#n } ..r.:x:�.fi.. ..:}isc:sr..n..n.Y$...}............n.n..........:nis$Y:.......:S:S.::::::nw.:.....r.r... -:v:v:}.nv.::r:q:Y,•r$:::v::..:::v:'ilnar:t::i•Pr..'•f:'::r:}rfi;;k},v..:v.2,...v..v.:}:+I S'::�,n}:�.•nv v,{,::v:Y.,+rir ,.,...[vn. 4.:r{vv..:n}v 2.;-'...:a.atr$n�,y hex n,t-.r�x•lx:.:4' .r...a....,......::'.:::na{...,...r:}`::.r::,0.,?r�..,:..:•... .;f;.....;:.2n.,.•n:.}...::{}n..n;.,n..,�t-,:,,t,:.,.:•.a.,.,{�3:##.."d...,:•:.t• r{.r� n.:r,.:n}mak`Fns.{,fi:rr.?4:2}.4.J..2Y.•. '?P};n:.:::nr.::};-::::.;lr.,.�•r..;4..-^:x,{...y}-.}{,.:. ;t:r.,f..{ .; ,.;;•}t.�;>, t{r.. }} .:•:.:,.::i} vus•..:a..t:::l:};{{.. ..;,C#.. !{;.r,'.:.2,�r.','^•:' .,.x.....:5.::.:..n.n}:...n..:....:.;,::....t3?�. ,.;::..,.2.,-,.n:.,....kms. •:•+1.....,:.2.;::o'::}..;., .,a}}$}:;:..'}}r:`"i?Y?: ;.rr22 ',',;.. :•x d: •. ... .... it:Pi}::}•:x}Y.j Please call me at 313-2293 if you have questions. CL: G:\GrpData\EngSvc\Chris\Applications\2005\06 June\SUB 8828 COA Mod_02.doc cc: B.Balbas,Engineering Services E.Whan,Engineering Services M.Sen,Engineering Services n. z r f PING-1f � EY KI LLP - 3 ... TELEPHONE: TELECOPIER (FAX): (91 6) 567-9400 ` (916) 567-9420 x t E-MAIL: June 13, 2005 t- LEGALOPKLAW.US Direct:pthompson@pklaw.us Sent by Fax 925-682-4771 David Lennon Senior Vice President Hofinan Land Development Company P.O. Box 758 Concord, CA 94522 Sent by Fax - 925-335-1222 Mr. Will Nelson Contra Costa County Community Development Department 651 Pine Street, 4th Flr. North Wing Martinez, CA 94553 Re: Knightsen Elementary School District Discovery Bay West Project Dear Mr. Lennon and Mr. Nelson: This letter shall serve to evidence that the Knightsen Elementary School District and Hoffman Land Development Company have agreed to the following wording for Condition 19 on the above-referenced amendment: "All of the Discovery Bay West Project, Villages IV and V, which are located within the boundaries of the Knightsen Elementary School District, shall be subject to the East Contra Costa County School Facilities Mitigation Agreement between Hoffman Land Development Company and the Knightsen Elementary School District,which was executed on July 259 1995, and the Acknowledgment of Obligations of a Participating Developer, which was executed on April 23, 1996." File z:120051KESD1%Discovery Bay letter^Lennon-Nelson^061305 ATTORNEYS AT LAW 601 UNIVERSITY AVENUE, SUITE #265, SACRAMENTO, CALIFORNIA 95825-6706 .�'y�'i' sy c. .r�s.sa::ts�:c�_.,_..�..-.�::i�'�'il�}:�:zol4LE.sc�•-=:�1s�r:S SL•Ya:.._°.+3si�'!. 4 4 4I 3[ PINNELL �& KINGSLEY T David Lennon r Will Nelson June 13, 2005 Page 2 Do not hesitate to contact me with any questions. Sincerely, PINNELL &KINGSLEY, LLP PAUL G. THOMPSON PGT:tlb cc: Vickey Rinehart Sent by Fax File zA20051KESD^Discovery Bay letter^Lennon-Nelson^061305 Byron Union School District 14301 Byron Highway Byron, CA 94514 (925) 634-6644 FAX: (925) 634-9421 Dr. Thomas Meyer, Superintendent BaxP u, , May 27,200.5 � r crnz+�r. East County Regional Planning Commission 651 Pine Street Second Floor, North Wing Martinez, CA 94553 Attention: Mr. Walter MacVittie: Re: Hofmann Land Development Co., Count File Nos. GP030007, RZ 043142 Dear Mr. MacVittie: This letter addresses the Hofmann Land Development Company's p ( Hofmann")Discovery Bay West Village 5 Project and the proposed mitigation measures related to school facilities. The Byron Union y Elementary School District("Byron School District")has only very recently become aware of the East County Regional Planning Commission's proceedings in relation to this matter. Hofmann has expressed to Byron School District its interest in a territory transfer of certain property from Knightsen School District to Byron School District. Further,we understand that Knightsen School District and Hofmann have had discussions related to such a transfer. While it is currently unclear whether such a transfer will take 0 place, the proposed conditions/mitigation measures being considered by the County do not address the impacts on Byron School District's school facilities if such a transfer occurs. Thus, if a transfer occurs, the condition would continue to require mitigation to be paid to Knightsen, which would no longer be impacted,while the impacts on Byron School District would not be ensured of mitigation. Therefore, we propose the following mitigation measure to address the impact of this development on school facilities whether or not the transfer takes place. This measure would better track other conditions in place in the East County area. The state mandated fee is clearly insufficient to mitigate school facility impacts in either district. Under state law, the developer does not decide whether to a th mandated p pay estate a ed fee or a fee established in a written mitigation agreement (see attached March 31, 2004 letter). Impacts to School Districts Serving Discovery Bav West Village 5 19. 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 wrilten agreement with the affected school district, in a manner consistent with state law O as determined by that school district. To satisfy this condition, a letter from the affected school district shall be confirming that its school facilities impacts have been mitigated. Thankou for r y you consideration of this issue. Sincerely, T Meyer uperintendent, Byron nion Elementary School District Attachment: March 31, 2004 letter to Community Development Department Working Together, Building on Success March 31, 2004 By fax 335-1222 and by U.S. Mail Contra Costa County c/o Mr. Will Nelson Community Development Department 651 Pine Street, 4th Floor,North Wing Martinez, CA 94553 Re: Proposed General Plan Amendment Discovery Bay Village 4/5 (also known as "Combined Village 4") Hofmann Land Development Company County File Number:RZO43142 SD 048828, DPO43019 Dear Mr. Nelson: Asy ou 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 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 pP discussion with the Knightsen School District and Hofmann regarding the transfer of territoryfrom the Knightsen School District to the Byron Union School District. Part of the proposed general plan amendment includes property already within the Byron Union School District. To address school impacts in Villages I, II and III in Discovery Bay West, Hofinann Land Development Company entered into a school facilities agreement with the District whereby Hofmann constructed the Timber Point Elementary School and the District completed new facilities at the Excelsior Middle School. Such an agreement was required as a condition of Hofmann'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 necessary for the District to enter into a new school facilities agreement with all developers. The District 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 may be sufficient or a separate school facilities agreement consistent with state law may be required. The Hofinann 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 letter from 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 Hofinann Land Development Company and the two school districts. Thank you for your anticipated cooperation. Byron Union School District will work with the Hofinann 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, Tom Meyer, ED.D., Superintendent Byron Union School District cc Hofinann Land Development Company Knightsen School District DISCOVERY ow M1 ERY4T FDISCOV ,:IB--�T-,,;A,�,..Yr,,,A ,,,-,,,.:BAY 1800 Willow Lake Road, Discovery Bay, CA 94514 Telephone: (925) 634-1131 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.,4"'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 like 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 planned"Community Center"that is greatly needed. As you may know,the demographics 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 known as Village 11, 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, IV 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 T'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 within 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 berm 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)634-1131. Sin rely, Virgil oehne,General Manager Town of Discovery Bay VK/ca Cc:Bob Henry-Hofmann Land Development Co. 2 ............ R..,..: b., ..... .: ............:........... ...... >2 t , �i . i15805 A. ' • 4RinisCa TOWNOF BAY BAY1800 Willow Lake Road,Discovery Bay,CA 94514 Telephone: (925)634-1131 Fax: (925)513-2705 Board Members President-Bob Doran r.doranl234@sbcglobal.net V.President-David Piepho d.piepho@sbcglobal.net Treasurer-Ray Tetreault r.tetreault8431 @sbcglobal.net Director-Barry Hinds bhindsl234@sbcglobal.net Director-Shannon Murphy-Teixeira s.murphy.teixeira@sbcglobal.net April 13, 2005 Will Nelson—Senior Planner Contra Costa County Community Development Department 651 Pine Street,0-Floor,North Wing Martinez,CA 94553-0095 �.X �-iZzz RE: County Files # GP030007, #RZ043142, #SD048828, #DP043019 —Discovery Bay West Village V Dear Mr.Nelson: The Town of Discovery Bay Board of Directors reviewed the Discovery Bay West Village V "Intent to Adopt a Proposed Mitigated Negative Declaration" at their April 6, 2005 Board meeting and would like to express their comments to you on this subject. They also asked that this proposed Mitigated Negative Declaration not be adopted or approved by the County until the items listed below are mitigated. 1. In this Proposed Mitigated Negative Declaration document, there are many references through out this report that the applicant(Hofmann Land Development)shall provide various reports. For example; an annual monitoring report for "Mitigation Measure Biology — Id" as stated on page 42 under "Environmental Checklist". The Town would also like to receive a copy of all monitoring reports that are required. 2. The"Open Space"that needs to be mitigated, should be mitigated within Discovery Bay, where a majority of the community could enjoy the space. 3. The Town of Discovery Bay Board would like to reiterate that the Town Board is not in favor of having another marina constructed in the area, but this Board is aware that the marina was part of the original"Development Plan"approved in the 1990's. 4. In Chapter 2, pg 3, it mentions that the 1994 FEIR had a total of 227.9 acres of jurisdictional wetlands and a new delineation has identified a total of 127.79 acres. What happen here?How did the number of acres get reduced? 5. In Chapter 4, Environmental Checklist, page 43, we believe permanent signs should be placed near the entrance to the Fallman Canal about the Turtle buffer area, as well as near the south west corner of the proposed boat storage area, in order to protect and inform the general public of this habitat area. ,�:. ........ s.. .� ..... ....r..-........ r,. ,... a. t .vf.ar... .r ,. ,.AE•. a'.r.,..:.I. 8�� vw'� F r .. ... ...... r.. .. , ... .,.,......r. .� .Jct..............., ,:rr...,t-. ..,..ht..: 3 ........ ,:_..... ,:..... ....:.. :.,.t..:.::,,, _.... ,..n. _ 311.4 3.i:. , ,... ..,,: ..... .r...,:n............:.....:...........,.....,.........:.:,...................,.,.v..a.,:....... n::�...:. :.v.in-.:.✓.: ':...r., �.. „v,Y..., ...,....N.m ..,....ry..ra..ch.:. n.,.,,,:.4.s..,r.N:..r...r.t x:...,... .. , 3 ..s ....E ,:. .... '::... -.... ... ....... ........:..:. ...: v ,xah...r .. .. .v ..... .... v.a•r,tr. .,., .... ........d� rf�. .. a ,�> ..� t .. ,(S' , ,,.. �to... .:.... , i .. ............ ...... ........a,...... F` 18 6. Also on the same page 43, under the Pacific Pond Turtle, it recommends that the speed limits be changed and enforced. Where's the mitigation for this item? 7. At various spots within this document, there is mention of a "Habitat Map" this District would like to have a copy of this map. 8. Because of the existing natural gas and petroleum product pipelines that are within this new development,who plans on developing an evacuation plan for the residents in the area? 9. The following are some of the maj or issues we see with the proposed marina. a. Concern of up to another 300+/- boats could be launched and operated in already narrow and congested nearby water-ways, causing more boating accidents, erosion, etc. This number of 300+/- boats came from the 120-slip marina, the 67-boat storage spaces and 91-boat trailer staging/parking area. b. Nothing is mentioned about potential 600+/- traffic trips that may occur because of the proposed marina. c. Additional air or water pollution in the Delta waterways from these additional 300 +/- boats was not addressed. For example, grease from the boat trailers and fuel contaminates from the boats exhaust. d. The Town's Board is concerned that these already crowded water-ways such as Dredgers Cut and Indian Slough and the new slough from the proposed marina to Dredgers Cut will tax the already understaffed Marine Patrol, which is presently insufficient to enforce the various boating laws around the Delta and Discovery Bay waterways. e. The slopes of Dredgers Cut need to be protected from the additional proposed boating traffic,to prevent even more eroding along the sides of this slough. f. Noise from the loading and unloading of the boats may become an issue with the new Homeowner Association there. g. Noise from the boats engines and music systems were not addressed under "Noise" within Chapter 4 Environmental Checklist. h. No mention of how the Homeowner's Association will address any fuel or pollution issues that may occur within the 120-boat slip marina let alone a possible boat fire. i. If the Marina is approved,we believe that the following conditions of approval should be added: • The "S" curve that is east of the intersection of Indian Slough and Dredgers Cut should be smoothed out, to increase visual of other boaters in this sharp curve area. Most of the additional 300+/- boats that use this new proposed marina, must travel through this sharp curve • Dredgers Cut should be dredged to reduce the various high spots within this slough. • Provide advance or annual funding to staff Sheriffs Marine Patrol. As a side note to the overall Discovery Bay West Development, the traffic around the Timber Point School has been a major issue for this community along with the Sheriff and California Highway Patrol agencies to deal with during the past year or so,with no real solution in sight. If you have any questions regarding this matter,please feel free to contact me at my office at 634-1131. S inc ely, Virgil K ehne, General Manager Town of Discovery Bay CSD VK/ca gi OEM .5....... :.. .... a..<. ..,w a., .... .. ..C�t,.. •�.n.,..::.a LT{'<" £.. ,�. .M Sn: f �s� ......J .... .. :+} ,.a ..../.. ��..f v.�. :,:95n.. ....n..r. ,ra x aY,:�».,. .<. ...,✓. .,- ;Sa ,. .....,...... ... .. sx.. #t,. ..�. ..,. ...t .t ..x.<.. .. .k,,kk .. » .3,, .. ..n. .. n';ir•tr $. i ...xs,.. s... r......_ �` ,.,... u....». ..n. °3- .at. osr...n.... ..,-yn ,>.n n•.. taS'.# 3' t. ,6,.. rQ._ ..... ..- st... �., ...n ».vn 5..,,..., r.v.. �,.... .... :.� ,.. . .,,,t:. w2vh CEI.ik.. >.r[ .�'�,'•.a'• ! "�<.L .'C, , r ` .,......... .. .. ...,...r.. .,..., ......_.... .:3:�.......}? .......a ... >.t.....�.,kt Stn r..,. ,. � :::, 1. £. , STATE OF CALIFORNIA—THE RESOURCES AGEN,, ARNOLD SCHWARZENEGGER, Governor DELTA PROTECTION COMMISSION =i e • 14215 RIVER ROAD P.O. BOX 530 WALNUT GROVE, CA 95690 05 HA 14 PM 3.9 13 "`°RIA"' Phone (916) 776-2290 FAX (916) 776-2293 E-Mail: dpc@citlink.net Home Page: www.delta.ca.gov March 11, 2005 Contra Costa County County Administration Building 651 Pine Street 4t'Floor, North Wing Martinez, CA 94553-0095 Attention: Will Nelson, Project Planner Subject: Hofmann Land Development Company, Inc., Discovery Bay West Village V; Discovery Bay, Initial Study and Mitigated Negative Declaration; SCH#2005022140 Dear Mr. Nelson: Thank you for forwarding the Initial Study and Mitigated Negative Declaration dated February 25, 2005. The proposed project includes a General Plan ,Amendment, a rezoning, a major subdivision and an amendment to the preliminary development plan for the Discovery Bay West Project to allow 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 marina on 20.3 acres and 6.7 acres of boat storage and parking for the marina (the marina is for use by residents only). The proposed project involves eastward expansion and reconfiguration of the eastern half of the areas designated as Discover Bay West Village IV. The marina was authorized in the original approval, and the total number of residential units conforms to the original approval by the County. However, due to a new wetlands determination, additional lands are proposed for development and less land is proposed for permanent open space. It appears that the original project has been modified and fewer houses have been built in the other Villages; there are either larger houses or larger lots or both. The proposed project is located in the Secondary Zone of the Delta so these comments are advisory only. However, the proposed project site lies adjacent to the Primary Zone; the Primary Zone lies to the north and east of the project site (see attached map). These comments address recommendations of the Commission's regional land use plan and identify possible impacts to the resources of the Primary Zone from the proposed development in the Secondary Zone. Agriculture:. Lands to the north of the project site are zoned and identified in the County General Plan for agricultural uses (AL). The negative declaration says (p. 37) "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." Comment: For most agricultural activities, a 100 foot buffer would be inadequate to separate dust, odor, noise, work early in the morning and late at night, and use of various approved agricultural chemicals from new residential development The Commission'sp lan,prepared in consultation with County Agricultural Commissioners, recommends a buffer of between 500 and 1,000 feet The buffer to the north should be reevaluated to ensure that residential development does not adversely impact the land uses and resources of the Delta Primary Zone Public Access and Recreation: The proposed revised project states that possible impacts associated with trespass may be addressed by others, and states that the marina has been relocated to address other comments. The marina is for use by residents only. The project is gated, so it appears that all recreation facilities within the project(bike and pedestrian trails, marina, launch ramp, etc) are limited to use by residents only. Comment: The 1994 FEIR requires "exploration of public,access for areas to the east". The negative declaration states "potential future public access to the east has been accommodated by building trail clearance and access under the Oasis Drive Bridge...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. " Comment: The negative declaration should include more specific information about any new public pedestrian and bike trails that have been constructed in the vicinity of the project site, such as trails constructed by East Bay Regional Park District Comment: The negative declaration should include specific information about the location and design of"trails along the eastern edge of the developed areas" and how these trails will be available to the general public (signage,parking, etc.). Comment: Figure 6, Bicycle and Pedestrian Facilities does not clearly show a line of travelfor the public to access trails along the eastern open space area. Trails limited to use by project residents would not meet the goal of providing public access to the overall public. Comment: While the marina has been developed for use by residents only, the launch ramp could be opened to the general public to provide public access to the waters of the Delta. A public launch ramp should provide adequate parking, restrooms, and trash disposal and other appropriate support facilities. Marina: The proposed marina will be located east of, and will connect to the waterways of the Delta Primary Zone. The marina will provide approximately 120 berths, rather than the 330 berths that were originally proposed. The negative declaration does not describe any facilities that will be provided at the marina. 2 Comment: The Commission's Plan includes a policy regarding marinas that states "New, renovated, or expanded marinas shall include adequate restrooms,pumpout facilities, trash containers, oily waste disposal facilities, and other facilities necessary to meet needs of marina tenants. Use fees may be charged for the use of these facilities but such fees shall not exceed the cost of maintenance" The proposed marina should include appropriate facilities to protect the water quality of the Delta. Levees: The project site is located within the 100 year flood plain. To address the flood risk, a new earthen levee is proposed on the eastern edge of the residential development. While this levee serves only the proposed project, the negative declaration, Figure 7, shows that the cross section of the levee will allow the building pad to cover up to two-thirds of the project side of the levee with fill material. Comment: The proposed levee cross section does not allow for clear inspection of the proposedflood food control levee, nor does it describe what entity would be responsible for levee inspection and maintenance. If in the future remedial work is required to address seepage or other problems, there is no clear area for such work. In the Delta Primary Zone, reclamation districts require a clear area and setback from the toe of the levee for inspection and f Zood fight. The revised plans should show the location point and circulation routes for levee surveillance/maintenance vehicles. The Commission's plan includes a policy applicable in the Primary Zone that states "Local governments shall use their authority to control levee encroachments that are detrimental to levee maintenance. "(Levees Policy S,p. 43). The proposed project will be added to the Commission's Pending Projects Memo and updated as new information is available. Please keep the Delta Protection Commission on the interested party mailing list for your planning process, and mail or email any staff reports and meeting agendas. Additional information about the Commission, its Plan, and the Act are available on the Commission's web site: www.delta.ca.gov. Please feel free to call if you have any questions regarding the Commission and its interests in the Delta Primary Zone. Sincerely, Margit Aramburu Executive Director Cc: Chairman Mike McGowan Supervisor Mary Piepho Roberta Goulart, County Planning Hofmann Land Development Company, PO Box 758, Concord, CA 94522, Attention: Robert Henry, Project Manager State Clearinghouse 3 �•�' .►CRA OF _ T�{,�10 �, 5 `�• 2a000- �a ►a000- C ALE. �N FFfr AR pUtNSAS t"�A ,. ow "POW so E A R =r g ,. C3 o� = ► 1 does .. .�,• o ♦ i _ � v 1 � t ,.,..+ 4 wSOM 1 0 ♦IE ,+'1�� ,� T Lr w SI • ••' vp • 1 's ,wat a w•E• � ,1, 1 dip Mo dos do 001 r r t, rTwpTIII + [ ` r...•r ` 1r r ♦M w V S `,� � to � r 1 f� T w•'w" , LO►» T w+tl } tN / Twltt�t►'� ` •:� t� s►S�r l , � J �1 ix 0. so ,► r re licv lewc -V Q• +'' .� / y�.[T►►tl L •.1Cy •wa ColnTV +� `•- ,J�- ..'c' ✓ _ v (�: T wast*its \` � .♦ ! �� ,l(„t�•�I►+� / -`v j J.' +0�`#~° v� )�r w� `p°It# `•' 1' 1,1.. .••. r V � /f � .!! '�i �o ley �.y � �'•...� '.. ^ rN"�•ri� .�+.-.�•� e •G ! � MOffJ►w T �+�: �pw t .d as .St♦MO ti w •♦� - • � + � T wIL ,. � • .►` toe•S fi •w'•� ( rte►+►, i T • 4� � .Ir r l vt [ t `awt \ _ !�'' I' '► •�• �T w+C T ##�r O T w►C T t wpb � Zr•. TIOG}•��`osl• �`,. • fw.Ct 1 Q r/b0� •4 PtTTSgU '�,-, ���.,,•.� _`,•� � o Jit w ,oma[! y ft 11►►w0 �` woo 't..� Tw►CT l�'t �0•: Tw+IC+� R/Y ^R ,St-#MC lop 1 TRALT j = .f Vale ,� �JSIT ref r,• ,.r•` Au.rl.•+ r I*t � . r 1, •.a•••w =T"ACIT .y�, ...'t40•r, - 44 err• \r... t..d..O✓+„,,s�� .! fj, �_„'_+.7 .. '1�,�•(: •• d j SVC ',► r.f a � ♦X1.:1 r+. I.�GENNATGR G R 30' Y OGE '" ;:��,,; .�,,; _,. '•.�. •.t. zao PR►MAR NppIRY AGO ,c 4 1' �•a�r t lare- STATE f-V�AT 7 V„RT.TT A - F U,,: c� -- :i�s':.lj:�°�•�. Ti. \T;,M;;- TJr-,TT TQTATr-- n rrFNCY �- � .. .•. .,�. ... ., k ARNOLD SCH J�J�`�RZENF DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE 5 MAR 28 pM 2. P. 0. BOX 23660 OAKLAND, CA 94623-0660 Flex your power! PHONE (510) 286-5505 Be energy efficient! FAX (510) 286-5559 ` TTY (800) 735-2929 March 25, 2005 CCO04820 CC-4-45+ 0�T-T')OA C.071?1 A�l Mr. Will Nelson Contra Costa County Community Development Department 651 Pine Street, 4th Floor,North Wing Martinez, CA c-.)4553-0095 Dear Mr. Nelson: Discovery Bay West Village V—Initial Study and Mitigated Negative Declaration Thank you for including the California Department of Transportation in the environmental review process for the Discovery Bay West Village V project. We have reviewed the Initial Study and Mitigated Negative Declaration and have the following comments to offer: Growth and new development have occurred since the Final Environmental Impact Report (FEIR) was certified in 1994 for the Discovery Bay West General Plan Amendment and Related Actions. Please update the forecasting and traffic impact analysis for the Discovery Bay West Village V project and send to: Lisa Carboni Office of Transit and Community Planning Department of Transportation, District 4 P.O. Box 23660 Oakland, CA 94623-0660 What intersections were listed as needing improvement in the 1994 FEIR? What impro`ements have been completed? "Caltrans improves mobility across California" Mr.Will Nelson March 25,2005 Page 2 Should you require further information or have any questions regarding this letter, please call Lisa Carboni of my staff at(510) 622-5491. Sincerely, TIMOTHY . SABLE District Branch Chief IGR/CEQA c: State Clearinghouse 4 "Caltrans improves mobility across California" _, '.`w°.." California Regional IaterQuality Board Central Valley Region : o� Robert Schneider,Chair tro Alan C.Lloyd,Ph.D. _ , � r Arnold Agency Secretary Sacramento Main office Z l Schwarzenegger 11020 Sun Center Drive#200,Rancho Cordova,California 95670-6114 Governor Phone(916)464-3291 -FAX(916)4644645 http://www.waterboards.ca.gov/centralvalley 10 May 2005 Will Nelson Contra Costa County 651 Pine Street,N Wing, 2nd Floor Martinez, CA 94553 PR OPOSED PR OJE CT RE VIEW, CALIFORNIA ENVIRONMENTAL QUALITYA CT(CEQ*9 MITIGA TED NE GA TJ VE DECLARA TION FOR DISCO VER Y BA Y WEST VILLA GE V. STA TE CLEARINGHOUSE#2005022140, BRENTWOOD, CONTRA COSTA COUNTY As a enc Responsible Agency, as defined by CEQA, we have reviewed the Mitigated Negative Declaration p g Y for Discovery �Ba West Village V. Based on our review, we have the following comments regarding the proposed project. Storm Water A NPDES General Permit for Storm Water Discharges Associated with Construction Activities,NPDES No. CAS000002, Order No. 99-28-DWQ is required when a site involves clearing, grading, disturbances to the ground, such as stockpiling, or excavation that results in soil disturbances of one acre or more of total land area. Construction activity that involves soil disturbances on construction sites of less than one acres and isart of a larger common plan of development or sale, also requires permit coverage. p g Coverage under the General Permit must be obtained prior to construction. More information may be found at htt-P://www.swrcb.ca.gov/stormwtr/construction.html Post Construction Storm Water Manavement Manage storm water to retain the natural flow regime and water quality, including not altering baseline g . flows in receiving waters, not allowing untreated discharges to occur into existing aquatic resources, not using aquatic resources for detention or transport of flows above current hydrology, duration, and frequency. All storm water flows generated on-site during and after construction and entering surface waters should be pre-treated to reduce oil, sediment, and other contaminants. The local municipality where the proposed project is located may now require post construction storm water Best Management Practices (BMPs) pursuant to the Phase II, SWRCB, Water Quality Order No. 2003 —0005 —DWQ, NPDES General Permit No. CAS000004, WDRS for Storm Water Discharges from Small Municipal p Se arate Storm Sewers Systems (MS4). The local municipality may require long-term post-construction BMPs to be incorporated into development and significant redevelopment projects to protect water quality and control runoff flow. California Environmental Protection Agency a Recycled Paper Will Nelson - 2 - 10 May 2005 Wetlands and/or stream course alteration Section 401 of the federal Clean Water Act requires any project that impacts waters of the United States (such as streams and wetlands)to file a 401 Water Quality Certification application with this office. The project proponent must certify the project will not violate state water quality standards. Projects include, but are not limited to, stream crossings, modification of stream banks or stream courses, and the filling or modification of wetlands. If a U.S. Army Corp of Engineers(ACOE)permit is required for the project, then Water Quality Certification must be obtained prior to initiation of project activities. The proponent must follow the ACOE 404(b)(1) Guidance to assure approval of their 401 Water Quality Certification application. The guidelines are as follows: 1. Avoidance (Is the project the least environmentally damaging practicable alternative?) 2. Minimization (Does the project minimize any adverse effects to the impacted wetlands?) 3. Mitigation (Does the project mitigate to assure a no net loss of functional values?) If, after avoidance and minimization guidelines are considered and wetland impacts are still anticipated: • determine functional losses and gains (both permanent and temporal; both direct and indirect) • conduct adequate baselines of wetland functions including vegetation, wildlife, hydrology, soils, and water quality • attempt to create/restore the same wetland type that is impacted, in the same watershed • work with a regional context to maximize benefits for native fish, wildlife, vegetation, as well as for water quality, and hydrology • use native species and materials whenever possible • document all efforts made to avoid the minimize adverse wetland impacts • be prepared to develop performance criteria and to track those for between 5 to 20 years • be prepared to show project success based on achieving wetland functions • if the project fails,be prepared to repeat the same process (via financial assurance), with additional acreage added for temporal losses • specify how the mitigation project will be maintained in perpetuity and who will be responsible for the maintenance For more information regarding Water Quality Certification maybe found at http://www.waterboards.ca.gov/centralvallev/available documents/wcL,cert/application.pdf Dewatering Permit The proponent maybe required to file a Dewatering Permit covered under Waste Discharge Requirements General Order for Dewatering and Other Low Threat Discharges to Surface Waters Will Nelson - 3 - 10 May 2005 Permit, Order No. 5-00-175 (NPDES CAG995001) provided they do not contain significant quantities ofp ollutants and are either(1) four months or less in duration, or(2) the average dry weather discharge does not exceed 0.25 mgd: a. Well development water b. Construction dewatering C. Pump/well testing d. Pipeline/tank pressure testing e. Pipeline/tank flushing or dewatering f. Condensate discharges g. Water Supply system discharges h. Miscellaneous dewatering/low threat discharges Industrial A NPDES General Permit for Storm Water Discharges Associated with Industrial Activities,NPDES No. CAS000001, Order No. 97-03-DWQ regulates 10 broad categories of industrial activities. The General Industrial Permit requires the implementation of management measures that will achieve the performance standard of best available technology economically achievable (BAT) and best conventional pollutant control technology(BCT). The General Industrial Permit also requires the development of a Storm Water Pollution Prevention Plan (SIATPP) and a monitoring plan. The General Industrial Permit requires that an annual report be submitted each July 1. More information may be found at http://www.swrcb.ca.gov/stonnwtr/industrial.html For more information,please visit the Regional Boards website at http://www.waterboards.ca.gov/centralvalley/ or me at 916.464.4663. CHRISTINE PALISOC Environmental Scientist Storm Water Unit (916)464-4663 cc: State Clearinghouse, Sacramento Contra Costa County `` Fire Protection District Fire Chief April 8, 2004 KEITH RICHTER Contra Costa County Community Development Department 651 Pine Street 4th Floor North Wing Martinez, CA 94553 Attention: Will Nelson Subject: SD04-8828, DP04-3019, RZ04-3142, Discovery Bay Village V CCCFPD PROJECT NO. 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: 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 GEARY ROAD • PLEASANT HILLS CALIFORNIA 94523-4694 • TELEPHONE (925) 930-5500 * FAX 930-5592 ❑ 4527 DEERFIELD DRIVE • ANTIOCH, CALIFORNIA 94531 a TELEPHONE (925) 757-1303 * FAX 754-8852 ❑ WEST COUNTY AREA 9 TELEPHONE (510) 374-7070 Contra Costa County -2- 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 NFPA 303. The applicant shall submit a minimum of three (3) copies of a site plan, building plans, fuel tanks / piping plans to this office for review. 6. 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. Sincer , Richard S. Ryan Fire Inspector RR/amd FILE PROJECT 103008.Itr 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 , + , PARK DISTRICT FOR THE FPTURE BOARD OF DIRECTORS March 28 05 E2 9 MPM �� Beverly Lane � 2005 President Ward 6 carol SeverinContra Costa County Co iunity Development Department Vice-President Attn: Will Nelson Ward 3 651 Pine Street,North Wing—4th floor John Sutter Treasurer Martinez, CA 94553 Ward 2 Via fax (925) 335-1222 and U.S. Mail Ayn Wieskamp Secretary Ward 5 RE: Marsh Creek Trail to Discovery Bay—Hoffmann Land Development Ted Radke Company, Inc. (Applicant&Owner), County Files: #GP030007, Ward 7 #RZ043142. #SD048828 &#DP04301.9 Doug Srden Ward 4 Jean Siri Dear Mr.Nelson, Ward 1 Pat O'Brien East Bay Regional Park District ("the District") has reviewed the Notice of Public General Manager Review and Intent to Adopt a Proposed Mitigated Negative Declaration for the Hofmann Land Development Company Inc. proposed project and would like to make the following comments at this time. The proposed project (Village V) is located generally between Bixler Road, Werner Dredger Cut, and Kellogg Creek in unincorporated eastern Contra Costa County north of the existing Discovery Bay subdivisions II and III. Village V would include 432 homes on 96 acres, a 120-slip marina, a parking area for the marina, boat storage facility, 17 acres of lakes, 8 acres of park, and the extension of the local bicycle and pedestrian trail network throughout Discovery Bay West. This Initial Study focuses on the changes to the project as compared to the development evaluated in the 1994 Final Environmental Impact Report(EIR). As noted under Section 9, Land Use and Planning of the Environmental Checklist (pg. 65), the County's General Plan has specific policies for the Discovery Bay West aria tiic`�i u�iurvS i vJi�SC.zv'"Lion c i vv^ ,vii S aC�, lad civ, �,ubiiV Se '�C��, and transportation. Relevant to the Park District, the Mitigated Negative Declaration states that the project would be in compliance with these specific polices except for the following- "exploration of public access areas to the east". The District identifies a potential multi-use Marsh Creek Trail to Discovery Bay Trail in its 1997 Trails Master Plan that could be accommodated on the ECCID main canal. In addition, access to and development of an open space/public access park on the Dredger Cut parcel between the BBID and ECCID dredge cut canals at the junction of Indian Slough is identified in the 1995 Brentwood/ECCID/EBRPD Trails Feasibility Study. The City of Brentwood also identifies the trail on the Brentwood segment in their Parks, Trails and Recreation Master Plan (2002) and the Contra = Costa Countywide Bicycle and Pedestrian Plan (2003) identifies the potential to develop a Class I trail and install safety fencing. The regional trail would provide Q a U U Q C O 2950 Peralta Oaks Court P.O. Box 5381 Oakland, CA 94605-0381 TEL 510 635-0135 FAX 510 569-4319 TDD 510 633-0460 www.ebparks.org improved non-motorized transportation, recreational, and emergency vehicle access on the ECCID main canal west from the growing community of Brentwood eastward to potential Delta access at the Dredger Cut Open Space. The trail could connect with the local trail network within Discovery Bay as well, providing residents additional access to a regional facility which would eventually link to the Marsh Creek Trail, providing access to existing and planned District park and trail facilities, schools, shops,businesses, and transportation centers. We understand that ECCID maintenance and potential public access to the east and west has not been precluded and is accommodated by the engineered roadways on both sides of the main canal under the Oasis Drive Bridge; however with the build- out of Discovery Bay West, demand for formalized trail and open space access increases as does the need to address public-safety issues resulting from unauthorized trespass into the area. Therefore, the District requests that the County seek a funding contribution from the Applicant towards future trail and public access development and maintenance to the east consistent with the goals outlined in the 1995 Trail Feasibility Study. Trail improvements that could be funded include asphalt trail, trail entry structures, gates, chain fencing,bollards, and signs. These items and additional Dredge Cut Open Space area features could also be funded. The establishment of"maintenance" funds would provide for District operations such as Public Safety Department policing and fire response, resource protection, and volunteer trail safety patrols. Maintenance regimes would include maintaining trail pavement, garbage cans, fencing, entry structures, weed abatement, and vegetation management. This form of mitigation would assist the proposed project to be in compliance with the County's General Plan and be performed in cooperation with the public agencies cited in this letter. Additionally, un er Section 4, Biological Resources, the District would like to co nt that t .1:1 mitigation for alkali wetlands does not adequately mitigate this si ant effe t`land we urge the County to require a higher mitigation ratio, such as 3:1 ;so �� t this , pact�s fully'm;+; gated. c rel � 1 r / r J ase T ' s Development Program Manager p �' g cc: Janet Hansen, Planner, City of Brentwood Larry Preston, General Manager, East Contra Costa County Irrigation District Exhibit #8 Reduced Scale Maps County Files GP 03-0007, RZ 04-3142, SD 04-8828 DP 04-3019 EXHIBIT 804 Vicinity Map(Photo April 20 ) (as Requested by Hofmann Land Development Company) Balfour R d or 4) Go State Route 4 This map was created by the Contra Costa County Community Development Department with data from the Contra Costa County CIS Program.Some bass data,primarily City Limits,is derived from the CA State Board of Equalization's Map Created 7P20/2005 tax rats areas.While obligated to use this data the County assumes no responsibility for by Contra Costa County Community Development,GIS Group its accuracy.This map contains copyrighted infomrstion and may not be altered.It may be 651 Pins Street,4th Floor—North Wire,Martinez,CA 94553-0085 reproduced in its current stats if the source is cited.Uses of this map&Wee to read and 37:59:48.455N 122:06:35.364W accept the County of Contra Costa disclaimer of liability for geographic information. db wo - � 19P SII - _ •. _ 91122 or—of 5 . � _ � asp■ �© ' � J ars '-..+i� � �� �i�•' ra•r � .did►. ' �.I ��` a Baia::: l=� 1- s. JhW i ,�;l�� .�\�.!'�ain/..�rnr�ri��C ,� Int �•- 1 � ��I��l�:n Its-��:�R�►c,�n! —�'_ ": "'. riE.irr�i�.�rse.a..� OWN&: " rx:; _ t ,�� VAR _ v ��1 --mv ,. ; Awl 1 601 L XV or -• . vo.+•'�r+.e'.�w�.am-fflm— -„l,,.-►�' ;z�b+..� t_.r-:�'6�� �crn•. r�T ",rr. .. .r ...J•._'_,. .a"�if31W�WpIa�F3'R�`7•.�1'-�.ri�•r S Exhibit #9 Notification List 15170019 11520004 CLEGG BRUCE R&CHRISTINE G HOFMANN CONSTRUCTION CO 4401 ORWOOD RD 1380 GALAXY WAY BRENTWOOD CA CONCORD CA 94513 94520 11490001 STANALAND MICHAEL WJR&ABBIE 333 OROVILLE CT BYRON CA 94514 11241006 11490002 DAVID LENNON BANCI-tIERI MIKE&JESSICA, , 1380 GALAXY WAY 327 OROVILLE CT CONCORD CA BYRON CA 94520 94514 11490004 HODGSON RYAN&ELIZABETH 315 OROVILLE CT BYRON CA 94514 15150004 MARGOT ANASTASSATOS 7900 LAKESIDE DR RENO NV 89511 15150009 15170024 FRANTZ BARBARA A TRE REAL ESTATE SERVICES 4265 DRIFTWOOD PL PO BOX 24055 DISCOVERY BAY CA OAKLAND CA 94514 94623 11490021 11490074 SIEBE ROGER J III &KRISTEN LAKES AT DISCOVERY BAY HOA 350 OROVILLE CT 3100 MISSION BLVD BYRON CA HAYWARD CA 94514 94544 11150013 AMARAL DARRELL L 8090 BALFOUR RD BRENTWOOD CA 94513 --------------------- 11490003 THOMAS D ONNIE L JR&RENEE C 321 OROVILLE CT BYRON CA 94514 15180001 CAPRIO JOHN E&ELAINE J TRE POBOX 2 BRENTWOOD CA 94513 11490073 LAKES AT DISCOVERY BAY HOA 3100 MISSION BLVD HAYWARD CA 94544 15140003 REAL ESTATE SERVICES PO BOX 24055 OAKLAND CA 94623 APN#011-241-006 15170019 15180011 11241006 CLEGG BRUCE R&CHRISTINE G EAST BAY REGIONAL PARK DIST DAVID LENNON 4401 ORWOOD RD 2950 PERALTA OAKS CT 13 80 GALAXY WAY BRENTWOOD CA OAKLAND CA CONCORD CA 94513 94605 94520 11520012 11520055 HOFMANN CONSTRUCTION CO FALLMAN LAND INVESTMENT CO 1380 GALAXY WAY 1380 GALAXY WAY CONCORD CA CONCORD CA 94520 94520 15170024 15180008 REAL ESTATE SERVICES CAPRIO JOHN E&ELAINE J TRE PO BOX 24055 4451 ORWOOD RD#2 OAKLAND CA BRENTWOOD CA 94623 94513 15200007 AGINSON PRIME PROPERTIES LLC 35455 DUMBARTON CT NEWARK CA 94560 15200005 BAUTISTA RICO &ANNABELLE L PO BOX 4826 BURLINGAME CA 9401.1 /520000615180001 BAUTISTA ENRICO O&ANNABELLE CARIO JOHN,E"&`ELAINE J TRE PO BOX 4826 PO BOX 2 BURLINGAME CA BRENTWOOD CA 94011 94513 APN #011-241-007 11550039 DLG PARTNERS LLC 1646 N CALIFORNIA BLVD#680 WALNUT CREEK CA 94596 11510039 PIACENTE KEITH L 5 601 ARCADIA CIR B YRON CA 94514 11550012 DLG PARTNERS LLC 1646 N CALIFORNIA BLVD#680 WALNUT CREEK CA 94596 11530011 11530044 DLG PARTNERS LLC KINSLEY DWAYNE&TRACY L 1646 N CALIFORNIA BLVD#680 6676 YELLOWSTONE CIR WALNUT CREEK CA BYRON CA 94596 94514 4010002 11530046 RECLAMATION DISTRICT#800 PAOLINI DAVID C&WENDI L PO BOY 262 6664 YELLOWSTONE CIR B YRON CA B YRON CA 94514 94514 11530041 GRASSI LINDA 430 BLANCO CT SAN RAMON CA 94583 11530045 15200007 WAITE PETER&ELEANOR AGINSON PRIME PROPERTIES LLC 6670 YELLOWSTONE CIR 35455 DUMBARTON CT BYRON CA NEWARK CA 94514 94560 11530039 KEEGAN MICHAEL G&VALERIE A 6655 YELLOWSTONE CIR BYRON CA 94514 15200006 11270006 BAUTISTA ENRICO 0&ANNABELLE EAST CCC IRRIGATIONDISTRICT PO BOX 4826 626 1 ST ST BURLINGAME CA BRENTWOOD CA 94011 94513 11510038 MIDGLEY BEN&SONIA 5607 ARCADIA CIR B YRON CA 94514 11230006 WATERFRONT LOTS LLC 22 S SANTA CRUZ DR FL 2 LOS GATOS CA 95030 11530043 11530040 FITZGERALD KEVIN&KIMBERLY FOISY MICHAEL S 6682 YELLOWSTONE CIR 6661 YELLOWSTONE CIR BYRON CA BYRON CA 94514 94514 APN#011-241-008 w � , zp- ,or, North Wing ii'nez,California 94553-0095 ; • : .� � 'moi (925)335-1210 335-1210 ��, ti` Phone: ) °sr _ Date. a covn'f'�r AGENCY COMIVIENT REQUEST We request your comments re25 crarding the attached application currently under review. DISTRIBUTION Please submit your comments as follows: . Building Inspection A HSD Environmental Health Concord Project Planner PY, , HSD,Hazardous Materials P/W - Flood Control (Full Size) County File •� P/W-Engineering Svcs (Full Size) Number:. ►�-'�r�� 1 Date Forwarded .' PAIV Traffic (Reduced) Prior To: �-)4 C) 970 P/W Special Districts (Reduced) Comprehensive Planning We have found the following special programs Redevelopment Agency aininly to this application: Historical Resources Information System CA Native Amer. Her. Comm. , Redevelopment Area Game,CA Fish & Regi G �,on Z ,_ US Fish & Wildlife Service ���� �;-� Active ' �, C` .�A Live Fault Zone 1 -Fire District �=_' F ,��a1 • r Sanitar District ��< � �. -- Flood Hazard < r�� Y - Area,Panel# Water District City lid 60 dBA Noise Control School District�,;146A'� r1416-1 ` 1 (NI/rePI�4i?f, t Sheriff Office - Admin. & Com Svcs. CA EPA Hazardousa t ' W s e Site Alamo Improvement Association El Sobrante P1g. & Zoning Committee Traffic Zone f_ MAC DOIT- Dep. Director, Communications CEQA Exempt CAC R-7A Alamo Categorical Exemption Section Community Organizations 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 Comments: Signature Agency S:current pianning/tempiates/forms/agenci►comment request Date Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month