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HomeMy WebLinkAboutMINUTES - 12031985 - T.11 THE BOARD OF SUPER, VISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 3,' 1985 by the fol!owing vote: AYES: Supervisors Powers, Schroder, McPeak and Torlakson NOES: None ABSENT: Supervisor Fanden ABSTAIN:None s SUBJECT: AREA H OF CANYON LAKES: Certifying) Previously Certified EIRs as the EIR ) for the Applications of Blackhawk ) Corporation (Owner and iApplicant) ) RESOLUTION NO. 85/708 for Area H of Canyon Lakes and Making Further Findings and Statements of ) Overriding Considerations ) Ji ) WHEREAS, the County Board of Supervisors has previously certified ' two Final EnvironmentalImpact Reports ("FEIRs") in connection with the previously approved Canyon Lakes project, which FEIRs consist of the FEIR for Canyon Lakes, previously certified by Board of Supervisors Resolution #84/406, and the FEIR for North Dougherty Hills General Plan Amendment, previously certified by Board of Supervisors Resolution #82/1373; and WHEREAS, pusuant to the requirements of the California 11 Environmental Quality Act (CEQA) and State and County CEQA Guidelines, an Initial Study, dated October 3, 1985, has been prepared for the following applications for Area H of Canyon Lakes: 1. Rezoning il'and Amended Preliminary Development Plan (2640-RZ); 2. Final Development Plan (3048-85); and d 3. Tentative; Map (6595); and i WHEREAS, as Iia result of the Initial Study, staff concluded that the previously certified FEIRs adequately describe the general environmental setting of the Area H project, the significant environmental impacts of the Area H project, and alternatives and mitigation measures related to each significant effect; and staff recommended, pursuant to Section 15153(b) of the ,State and County CEQA Guidelines, the use of the previously certified FEIR's as the EIR for the Area H project; WHEREAS, a Notice of Intent to Use Previously Certified EIR as EIR for Later Project was published in accordance with State and County CEQA Guidelines, taking into account the unusual situation that there are two previously certified FEIRs containing the environmental information and analyses pertinent to the Area H project, which FEIRs were approved and certified after extensive '$ublic review and comment; pursuant to which Notice written comments) were solicited and accepted until November 5, 1985; and i, -1- i RESOLUTION NO. 85/708 WHEREAS, a notice of the applications for Area H and request for written comments was sent to all public agencies having jurisdiction by law and other interested agencies, organizations and individuals, which comments were solicited land accepted until November 5, 1985; and WHEREAS, the, Community Development Department staff made available to the San Ramon Valley, Area Planning Commission for its review and consideration copies of the relevant environmental materials as set forth in Commission Resolution No. 52-1985(SR), adopted November 6, 1985. WHEREAS, pursuant to the provisions of Government Corie Section 65091 and County Ordinances, a duly noticed public hearing was held before the Commission on November 6, 1985, at the request of Applicant, to gain approval of the aforesaid applications; and WHEREAS, the Commission reviewed and considered all materials made available to the Commission by the Community Development Department staff as set forth above, and all oral and written comments with respect to certification of the previously certified FEIRs presented during the Commission hearing on November 6, 1985 and all responses thereto; WHEREAS, the, Commission, by Resolution No. 52-1985(SR) , adopted November 6, 1985, by all vote of 4-0, found and certified that the Final Environmental Impact Report for Area H of Canyon Lakes is adequate and has been prepared and processed in compliance with CEQA and State and County CEQA Guidelines; and WHEREAS, by lithe aforesaid Resolution, the Commission made further findings and statements of overriding considerations as set forth therein; and WHEREAS, by ,,the aforesaid Resolution, the rommmission instructed the Director of Community Development to prepare the necessary transmittals and to submit them to the Board of Supervisors in accordance with the Government Code of the, State of California; and WHEREAS, subsequent to the Area H applications set forth above, Blackhawk Corporation submitted its application for approval of an Amendment to the previously approved and executed Canyon Lakes Development Agreement between the County of Contra Costa and Blackhawk Corporation, dated August 8, 1985, in order to include Area H of Canyon Lakes; and WHEREAS, the; Community Development Department has determined, pursuant to Section 15061(b)(3) of the State and County CEQA Guidelines, that approval of the aforesaid Amendment constitutes an act ivity that is not a project subject to �;�CEQA; and WHEREAS, the County Zoning Administrator, on November 18, 1985, after a duly noticed public hearing pursuant to the County's Procedures and Requirements for the Consideration of Development Agreements set forth in Resolution No. 85/412, recommended approval to the Board of Supervisors of the aforesaid Amendment; and WHEREAS, the Director of Community Development has made available to the Board of Supervisors for its review and consideration copies of the following materials: (a) Staff Report - Area H of Canyon Lakes, dated November 6, 1985, including attached Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, and Conditions for Approval for Subdivision 6595; (b) Applicant's submittal package consisting of those items contained in the List of ;Exhibits set forth in condition I of Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85; I (c) Initial Study, dated October 3, 1985; -2- c J (d) Previously certified FEIRs for Canyon Lakes and North Dougherty Hills General Plan Amendment, including Board of Supervisors Resolution #84/406 and all exhibits thereto; (e) Geotechnical report prepared by ENGEO, Inc. , dated September 20, 1985; (f) Traffic analysis prepared by Barton-Aschman, dated September 25, 1985; (g) The Notice of Intent to Use Previously Certified EIR as EIR for Later Project an'd other notices provided in connection with the Area H applications and ;the distribution lists for said Notice of Intent and other notices; (h) All written comments to the Notice of Intent to Use Previously Certified EIR j;as EIR for Later Project and to the other notices provided in connection with the Area H applications received by staff and staff's written responses thereto; (i) Canyon Lakes Development Agreement between the County of Contra Costa and Blackhawk Corporation, dated August 8, 1985; (j) San Ramon Valley Area Planning Commission Resolution No. 52-1985(SR), adopted November 6, 1985; and (k) Supplemental Staff Report, dated December 3, 1985; and WHEREAS, a duly noticed public hearing was held before the Board of Supervisors on December 3, 1985; and WHEREAS, the, Board of Supervisors has reviewed and considered all materials made available i to the Board of Supervisors by the Director of Community Development :iias set forth above, and all oral and written comments with respect to certification of the previously certified FEIRs presented during the Board Hearingjl on December 3, 1985, and with respect to the exemption from CEQA of the aforesaid amendment to the Canyon Lakes Development Agreement; NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS; 1. The Final I;Environmental Impact Report for Area H of Canyon Lakes consists of all materials made available to the Board by the Director of Community Development as set forth above, and all oral and written comments with respect to certification of the previously certified FEIRs presented during the Board hearing on December 3, 1985, and all responses thereto, together with this Resolution. J 2. The Final''!iEnvironmental Impact Report for Area H of Canyon Lakes is adequate and ha's been prepared and processed in compliance with 11 CEQA and State and County CEQA Guidelines. 3. The Boardhereby adopts as its environmental findings with respect to the applications of Blackhawk Corporation for Area H of Canyon Lakes approved or recommended for approval by the San Ramon Valley Area Planning Commission the.1;findings and determinations set forth in the Final Environmental Impact Report for Area H of Canyon Lakes. ii 2. The Board hereby makes further findings and statements of overriding considerations I'' s follows: (a) The ;previously certified FEIRs for Canyon Lakes and North Dougherty Hills General Plan Amendment adequately describe the general environmental setting of the Area H project, the significant environmental impacts of, the Area H project and alternatives and mitigation measures related to eachi' significant effect. (b) Any and all significant or potentially significant environmental effects of iithe Area H project identified in the Final -3- ii r Environmental Impact Report for Area H have been substantially mitigated by those mitigation measures set forth in the Final Environmental Impact Report for Area H, the ',Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85 and Conditions for Approval for Subdivision 6595. The identification of such significant or potentially significant environmental effects as made in the Initial Study resulted from a co;inparison of the current Area H project to the physical conditions of the project site existing as of September 1985. The additional findings made !in subparagraphs (a)-(d) below are based upon this comparison: (i) ' Noise. With respect to the identified significant effect of noise, the Area H traffic-related noise levels represent an increase from currently-existing noise levels. However, as set forth in the Initial Study and sections III.0 ("Traffic") and III.I ("Physical Environment") of the Staff Report, such noise levels will be lower than those levels analyzed in the previously certified FEIR for Canyon Lakes due to the fact that traffic projected for the Area H project is approximately 33% less than traffic projected in the Canyon Lakes FEIR. In addition, grading of Area H, in accordance with previously approved grading plans, has already been substantially completed. Further mitigations of noise impacts are provided in conditions 16 and 17 of the Conditions for Approval for Amended Preliminary, Development Plan 2640-RZ and Final Development Plan 3048-85, which require compliance with state and federal noise muffling and insulation requirements, and condition 30 of those conditions of approval which limit any remaining grading to the hours of 7:00 a.m. to 5:00 p.m. (ii) Utilities and Public Service. With respect to the identified significant effects upon utilities and public services, as set forth in the Initial Study' and Staff Report, such effects are anticipated to be essentially the same or less than those assumed in the FEIR for Canyon Lakes, due to the similarity of land use, intensity, building intensity and other determinants of such effects. (A) Fire and police protection - As set forth in section III.H ("Public Services") of the Staff Report, Area H impacts upon fire and police protection are less than those described in the Canyon Lakes approval process. 'I Area H is annexed to County service area R-7. Further mitigations are provided in conditions 22 through 26 of the Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, which provide for inclusion in building design of "defensible space concepts" wherever appropriate, emergency service vehicle access toi open space areas, compliance with all UBC construction requirements, a water supply system adequate for fire-fighting purposes and a weed abatement program. (B) Schools - As indicated in section UI.F ("Schools") of the Staff;,Report, the Area H impacts upon schools will be negligible, with a projection of no more than 50 additional students. Further mitigation is provided by condition 18 of the Conditions of Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 304845, which requires compliance with the requirements of the County's School Facilities Ordinance. (C) Parks and recreation - As set forth in section III.G ("Parks") of the Staff Report, approval of the Canyon Lakes project resulted in a special program providing for the payment of park fees at the building permit stage. Further mitigations are provided in conditions 12 through 15 :of the Conditions for Approval for Amended Preliminary Development)i Plan 2640-RZ and Final Development Plan 3048-85, which require compliance with the County Parkland Dedication Ordinance, dedication of open space''and golf course parcels and construction of permanent trails. (D) Roads - As set forth in section M.C. ("Traffic") of the Staff 1'Report, impacts upon road services are expected to be less than those analyzed in the Canyon Lakes FEIR due to the fact that the proposed Area H uses are projected to generate 33% fewer average daily trips than assumed in the Canyon Lakes FEIR. Further traffic mitigations are provided in conditions 35 through 37 and 41 of the Conditions for -4- 4 Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, which require the dedication of the right of way for Clear Creek Canyon iRoad, the relinquishment of abutter's rights of access along Clear Creek Canyon Road, and the installation of traffic control equipment and road improvements at the intersection of Bollinger Canyon Road and Clear Creek Canyon Road and the intersection of Clear Creek Canyon Road and the commercial area entrances. (E) Flood control - Further mitigations of flood control and drainage impacts are provided in conditions 38 through 40 and 42 through 44 of the Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, which require installation of drainage systems within dedicated drainage easements, diversion of storm waters to man-made drainage facilities, maintenance of project drainage facilities and obtaining of encroachment permits for construction of improvements within any County-maintained right of way. (F) Public transit - Further mitigation of puhlic transit service impact is�i provided by condition 10.G of the Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85 which requires the provision of bus turn-out locations at the terminus of Bollinger Canyon Road, following review by Contra Costa County Transit Authority and the Zoning Administrator. (G) Governmental services - As set forth in section III.H ("Public Services") of the Staff Report, Area H impacts upon county services and utilities such as the Sheriff's office, fire protection, EBMUD and CCCSD are less than those described in the Canyon Lakes approval process. Area H is annexed to County service area R-7. Further mitigations are provided by conditions 19 and 37 of the Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, which provide for annexation of the project site to a county service area! for street lighting as directed by the Zoning Administrator and annexation to the appropriate lighting district for maintenance of street lights at intersections with Clear Creek Canyon Road, subject to the Director of Public Works' review. These conditions have already been implemented. (iii) Transportation/Circulation. With respect to the identified significant effects upon transportation/ circulation, as set forth in section III.0 ("Traffic") of the Initial Study, such impacts are expected to be less thane those analyzed in the Canyon Lakes FEIR due to the fact that traffic projected for the proposed Area H uses is approximately 33% less than the 15,246'1 average daily trips assumed for Area H in the Canyon Lakes FEIR. In, addition, as set forth in section II.J ("Parking Requirements") of the Staff Report, the amount of parking spaces proposed for each use in Area H 'meets or exceeds the applicable County standards. Further mitigations of such impacts are provided in conditions 35 through 37 and 41 of the Conditions for Approval for Amended Preliminary Development Plan 2640-AZ and Final Development Plan 3048-85, which require dedication to the Countyi of the right of way for Clear Creek Canyon Road, the relinquishment of abutter's rights of access along Clear Creek Canyon Road, the installation of, street lights at intersections with Clear Creek Canyon Road, and the installation of traffic control equipment and road improvements at the intersection of Bollinger Canyon Road and Clear Creek Canyon Road and the intersection of Clear Creek Canyon Road and the commercial area entrances. (iv) Aesthetics. With respect to the identified significant effect of visual impacts, as set forth in Section HI.D ("Visual") of the Staff .Report, said impacts have been further mitigated by design elements incorporated into Applicant's Area H submittal package, including vertical and horizontal set backs, landscape screening, "stepped" facades, and the limitation of maximum building height to three stories over parking. Additional mitigations are provided in conditions 8.A and 9 of Conditions for Approval for Amended Preliminary Development Plan 2640-RZ and Final Development Plan 3048-85, which provide for further detailed review of final architectural and landscape plans. -5- ;i it (c) To the extent any impacts from Area H remain unmitigated, the Board finds such impacts, justified by those economic; social and other considerations set forth in the statements of overriding considerations for the Canyon Lakes project contained in the Board of Supervisors' Resolution #84/406 approving the Canyon Lakes project, which are incorporated herein by this reference, and ftirther finds such impacts justified by: the need to increase the housing " in in the County, in a range of densities providing for a variety o.f family sizes, income levels and age groups, in order to accommodate 6e County's growing population and employment base, including such growth occasioned by development of the Bishop Ranch Business Park; the need 'to develop housing in the County which will serve the needs of older persons; the need to provide convenient accessibility to retail and commercial services; and the need to preserve open space and recreational areas within' the County. These needs make infeasible the complete mitigation of such impacts or the implementation of the Area H project alternatives as described in the previously certified EIR for Canyon, Lakes and the Supplemental Staff Report, dated December 3, 1985. 5. The approyal of the Amendment to the previously approved and executed Canyon Lakes Development Agreement between the County of Contra Costa and Blackhawk Corporation, dated August 8, 1985, in order to include Area H, constitutes an activity that is not a project subject to CEQA, pursuant to the provisions of Section 15061(b)(3) of the State and County CEQA Guidelines. 1 hereby certify that this b a true and correct copy of an action taken a.-Id entered on the minutes at the Board of Superviso a on the date shown. ATTESTED: PHIL BATCHELOR,Clerk 01 the Board Of Supervisors and County Administrator By . Deputy cc: Community Development County Counsel Applicant via CD -6- la- YIS ORS OF CONTRA COSTA COUNTY, CALIFORNIA �� (}' December 3 1985 _ by the following vote: oN visors Powers, Schroder, McPeak and Torl akson f RdoPupervisorEa'hden ►None �;JECT: AREA H OF CANYON LAKES: Approving) Rezoning and Amended Preliminary } Development Plan (2640-RZ) and ) Final Development Plan (3048-85) } Resolution No. 85/709 as Requested by Blackhawk Corporation } (Owner and Applicant) } WHEREAS, pursuant to the requirements of the California Environmental Quality Act and State and County CEQA Guidelines, a Final Environmental impact report for applications for Rezoning and Amended Preliminary Development Plan (2640-RZ), Final Development Pian (3048-85) and Tentative Map (6595) for Area H of Canyon Lakes was certified as being adequate by the San Ramon Valley Area Planning Commission on November 6, 1985, by Resolution No. 52-1985(SR) prior to approving the aforestated applications; andl' WHEREAS, pursuant to the provisions of Government Code Section 65854 and County Ordinances, a duly noticed. public hearing was held before the Commission on November 6, 1985, at the request of Applicant to gain approval of the aforestated applietions; and WHEREAS, the Commission, by Resolution No. 54-1985(SR), adopted November 6, 1985, by a vote of 4-0, made certain findings and approved Tentative Map, 6595, subject to conditions of approval attached thereto as Exhibit A; and WHEREAS, the Commission, by Resolution No. 53-1985(SR), adopted November 6, ".1985, by a vote of 4-0, made certain findings and recommended approval to the Board of Supervisors of the Rezoning and mended Preliminary Development Plan (2640-RZ) and Final Development Plan (3048-85), subject to conditions of approval attached thereto as Exhibit A; and WHEREAS, the Commission, by Resolution No. 53-1985(SR), instructd the Director of Community Development to prepare the necessary transmittals and to submit them to the Board of Supervisors in accordance with the Government Code of the State of California; and WHEREAS, *a duly noticed public hearing was held before the Be of Supervisors on December 3, 1985; and j =WHEREAS, the Board of Supervisors, by Resolution No. 85P certified "the Final Environmental impact Report for Area H of Cany" as being.adequate prior to approving the aforestated applications;7 NOW, THEREFORE, THE BOARD OF SUPERVISORS H, AND ORDERS AS FOLLOWS: 1. For those reasons set forth in findings 2 thror Ramon Valley Area Planning Commission Resolution No. 53-/ -1- RESOLUTION N0. 85/709 I� November 6, 1985, and in the Supplemental Staff Report prepared with respect to the Area H applications, dated December 3, 1985, which reasons are hereby adopted as findings by iii: —DuuL°d, kite Board hereby finds that the uses proposed in the land use district by Rezoning and Amended Preliminary Development Plan (2640-RZ) are compatible within the district and to uses authorized in' adjacent districts. 2. The Rezoning and Preliminary Development Plan (2640-RZ) and Final Development Plan (3048-85) are hereby approved, subject to conditions of approval attached hereto and made a part hereof as Exhibit A, and the Board hereby adopts the Commission's findings, set forth in the Commission's Resolution No. 53-1985(SR), along with the findings set forth above, as the Board's determination for this decision. 3. Ordinance No. 85-74 , giving effect to the aforesaid Rezoning and Amended Preliminary Development Plan (2640-RZ) and Final Development Plan (3048-85) is hereby introduced, reading waived, and December 17 , 1985, is hereby set for adoption of said Ordinance. I hereby certify that this is a trus"d eorrect copy of an action taken and entered on the rNnut*s of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR, Clerk of the Board Of Supervisors and County Administrator By Deputy cc: Community Development County Counsel Applicant via CD -2- EXHIBIT A CONDITIONS FOR APPROVAL FOR AMENDED PRELIMINARY DEVELOPMENT PLAN 640-RZ AND FINAL DEVELOPMENT PLAN 3048-85: J, I. This approval is basted upon the below listed Amended Preliminary Development Plan and Exhibits received by the Community Development Department for a maximum of: 320 retirement residential units including a 120-bed health care facility; 274 apartment/condominium units; 90,000 square feet of retail commercial building; 3 restaurants having; seating capacity for 600 persons, a golf clubhouse containing 15,000 square feet and seating for 300 persons, and; 10.0 acres of land to be developed for recreation, storage and maintenance land uses. LIST OF EXHIBITS: 1 Regional relationships and Index 2 Amended Preliminary Development Plan 3A Site Plan (West) 3B Site Plan (East) 4A Final Development Pln and Tentative Map (West) 4B Final Development Plan and Tentative Map (E=.st) 5A Land Use (West) 5B Land Use (East) 6A Parking Plan'(West) 6B Parking Plan (.East) 7A Landscape Plan ;West) 7B Landscape Plan (East) Al Architectural Index A2 Site Sections -jlRetail A3 Site Section - Residential Retirement A4 Elevations GoA Club and Restaurants A5 Elevations - Restaurants A6 Elevations - Retail Buildings (West) A7 Elevations - Retail Buildings (East) AS Elevations - Retirement Residential A9 Elevations - Retirement Residential AIO Elevations - Bollinger and Watson Canyon All Residential - Unit Plans Al2 Photo View '! 2. No building permit's within the recreation, storage and maintenance area (Parcels F and G) are permitted by this approval and no building permits may be issued for that site subject to approval of a separate Amended Final Development Plan submitted to ill the Zoning Administrator. ii 3. Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for one or more mandatory owner's association for each project phase shall be submitted prior to approval of each Final Subdivision Map. These documents shall provide for, among other things, the ownership and maintenance of the common open space, landscaping areas,'ll parking areas, and other common facilities. Separate final maps may be filed for separate lots as shown on the tentative map. l 4. Yard height measurements for each building on each parcel shall be subject to review and approval of thie Zoning Administrator. r �j Ii Page 2 5. Clear Creek Canyons! Road shall be renamed as Canyon Lakes Drive. 6. All utilities shall bei place underground. The residential projects sahll be served by a cable television underground system and no individual television antennae shall be permitted. 7. If during the constriction, grading or excavation, any items of potential historic or scientific interest are discovered, the County Planning Department shall be notified and the Director of j Planning shall have the authority to stop work in the area of any find pending verification of the discovery and establishment of development methods for protection and treatment of areas of significant interest. j� DESIGN REVIEW, LANDSCAPING AND LIGHTING �r 8. Detailed landscaping, irrigation and lighting pians for all golf course, open space and common areas shall be submitted for review by the Zoning Administrator upon a phased basis. Final',fplans shall include full consideration of the following criteria: A. Final Landscape planting in the area between Vista San Ramon`and the Area H Building Pad shall be located so as to maximize mitigation of the off-site visual impacts of the' structures to the extent feasible. Final plans shall be submitted to the Vista !; San Ramon Homeowner's Association for comment prior to submission to the Zoning Administrator. B. Use of drought tolerant plants, native species or other plant material acceptable to the Zoning Administrator shall be used in open space areas. C. Elm trees shall not be used within the project. D. A circulation plan for pedestrians and golf carts which emphasizes lessening of conflicts with automobiles shall be submitted with the first design review application. 9. Prior to issuance 'of any building permits, final building plans, elevations, building materials, colors and other pertinent features of all buildings shall be submitted for approval to the Zoning Administrator on a phased basis. The building heights should not exceed three stories over parking and building pads may be altered to reflect this constraint. 10. Prior to granting �design review approval, the Zoning Administrator shall determine that: A. The plans are in substantial compliance with Development Plan 3048-85 and Tentative Subdivision Map 6595, including these conditions of approval and the architectural;,criteria depicted on the applicant's plans listed in Condition f11. B. The quantity, and location of parking spaces and structures are adequate (including if they are distributed throughtout the area so as to provide reasonable walking distances to destinations). r C. If recreational vehicles are allowed by Covenants, Conditions and Restrictions, that provision is made for off-street parking. d i i. ii i i 4 it Page 3 D. The plans comply with energy conservation requirements as required by the UHC and Title 24 of',ithe California Administrative Code. E. A unified lighting plan has been prepared, showing the type and intensity of lighting fixtures, empahsizing the use of low intensity illumination where appropriate within the residential parcels. F. The location and width of street-side sidewalks has been limited to soften the streetscape and encourage the use of internal pathways which connect various areas of land use. 'll G. Bus tum-out locations are provided at the terminus of Bollinger Canyon Road, 11 following review by Contra Costa County Transit Authority and the Zoning Administrator.' H. Street signs of unified design have been proposed and approved by the Zoning Administrator for project as a whole. 11. If the Zoning Administrator determines that a design review submittal is not in substantial compliance with 2640-RZ, Development Plan 3048-85 or Tentative Subdivision Map 65,95, including these conditions of approval and the architectural package criteria depicted on the applicant's plans, then the submittal shall be referred to the Planning Commission for review and action. PARKS, OPEN SPACE AND RECREATION 12. comply with the County Parkland Dedication Ordinance. 13. The County's Parklland Dedication Ordinance shall be fulfilled by a program in which the applicant will both receive the allowable credit for the Canyon Lakes private recreation areas, and pay a per dwelling unit fee at the time of building permit issuance. The required fee shall be 50% of the applicable in-lieu fee in effect at the time building permits are issued, plus $100 per unit. An exception is granted to allow the in-lieu parkland dedication fees to be collected at the time of building permit issuance only, andj not at the time of Final Map recordation as required by Section 962.002 of the Cou''ty Ordinance Code. 14. Development rights to the open space parcels and the Golf Course parcels shall be deeded to the County with the recording of each Final Map containing that parcel. Open space parcels may be offered to a public agency designated by the Zoning Administrator, or maintained'in the same ownership as an adjoining lot. 15. The trails shall be constructed of a permanent material, such as portland cement concrete to minimize maintenance and for uniformity of design. NOISE 16. All construction and transport equipment shall be muffled in accordance with state and federal requirements. 17. The applicant shall comply with the noise insulation standards of Title 25 of the California Administrative Code. !Q ii i� I i! it it u Page 4 SCHOOLS 18. The applicant shall comply with the requirements of the County's School Facilities Ordinance. ANNEXATIONS it 19. The site shall be an j exed to a county service area for street lighting as directed by the Zoning Administrator. WATER !I 20. The applicant shall comply with all EBMUD requirements, including those for water conservation as those requirements are uniformly enforced in all development projects in the district. ;I SEWAGE/WASTE WATER '!I 21. The applicant shall comply with all uniformly applied requirements of the Contra Costa Sanitary District for provision of sewage to the site. I� POLICE AND FIRE PROTECTION 22. Building designers shall consider inclusion of "defensible space concepts," wherever appropriate, including the following: lI A. Designing entryways and house numbers to be visible from the street; B. Use of sliding glass doors which cannot be removed from an outside track; C. Use of deadbolt locks on all exterior doors, and locks on all windows. 23. Emergency servicevehicle access to open space areas (including crash gates) shall be provided from streets at locations to be determined by the Zoning Administrator. 24. All construction shall comply the requirments of the UBC and other applicable buildiing and fire codes. 25. The water supply iystern shall be adequate for fire fighting purposes. If building construction occurs during the rainy season, water supply for fire protection and all weather surface roi ds should be installed and made serviceable prior to construction of buildings. 26. A weed abatementll program shall be prepared by developer and implemented by the property owner. GRADING AND SOILS 27. Grading operation 'should occur during dry periods to the extent feasible, consistent with the County Grading Ordinance. 28. All grading on the project will be accomplished in accordance with Contra Costa County Grading Ordinance 716 except that slopes of 3:1 or flatter will not require drainage benches. ;ii 9 Y, r Page 5 29. All radin , soils work and foundation design shall be performed in accordance with 8 8 County codes and under the supervision of the applicant's Geotechnical Consultants. Mitigation of site specific soils conditions shall comply with the recommendations of the Geotechnical Consultant, original and. supplelental reports, and where appropriate, mitigation may include measures such as the following: A. Structural foundations, if necessary, to counteract unacceptable differential settlement. B. Special treatment for roadways or slabs-on-grade which overly expansive soils. C. Facilities or surface grading for collection and discharge of unacceptable levels of runoff from building pads and roofs. yl D. Interception of subsurface waters in fills foundations. I E. Appropriate access for maintenance of underground storm drainage facilities. F. Mapping of su `surface drainage facilities. G. Provision of ea sements for and access to storm drainage facilities. 30. The applicant shall secure grading permits and other entitlements pursuant to County Ordinance requirements, and as well, shall perform investigations and prepare reports as required by ordinance. Any permits issued shall limit grading to the hours from 7:00 a.m. to 5:00 p,Im. ,j 31. On completion of!i grading provide as built maps for each segment or phase of the development at a s'Icale of 1" = 400'. 32. All major cut ands fill slopes shall be revegetated as soon as possible after grading when seasonal conditions are favorable to germination and plant growth. 33. The applicant shall develop, in conjunction with the County Building Inspection Department, a program to minimize erosion and the generation of dust resulting from grading operations. Special attention shall be given to minimize dust where grading occurs near the Vista San Ramon neighborhood. 34. Apply building code requirements to mitigate the effects of ,groundshaking on structures. l TRAFFIC Unless exceptions are specifically granted, comply with the requirements of Division 1006 (Road Dedication and Setbacks) of the. County Ordinance Code. This includes the following: P 35. Convey to the Cc ll by Offer of Dedication, right of way for Clear Creek Canyon road through theiproject as required for a 36-foot road in a 56-foot right of way, except at the transition to Bollinger Canyon Road, where wider street sections shall be required. 36. Relinquish abutter's rights of access along Clear Creek Canyon Road, except at approved interseaitions and/or access locations. ii it r r t I I Page 6 37. Install street lights l�at intersections with Clear Creek Canyon Road and apply annexation to the appropriate lighting district for maintenance of the street lights. Subject to the Director of Public Works review. IF 11 38. Install within dedlca, ed drainage easements all drainage systems which convey run off from public streets. 39. Submit a metes-andL bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned drainage easement(s) to the Public Works�II Department, Land Development Division, for review and the preparation of instruments. 40. The above instruments) will be prepared by the Public Works Department, Land Development Division, upon request by the applicant and submittal of a current title report on the affected property. 41. Install traffic control equipment and construct and stripe the intersection at the intersection of Bollinger CanyonRoad and Clear Creek Canyon Road, and at the intersection of Clear,Creek Canyon Road and the commercial areas"entrances. DRAINAGE All storm drain facilities shall be designed in accordance with the County Ordinance Code. The applicant sho° Id be aware that Section 82-2.414 of the Ordinance Code states that all permits issued pursuant to Title 8 are to conform to Division 914 (Drainage) of the Subdivision Ordinance. 42. All storm waters entering or orginating within the subject property are to be conveyed (without diversion of the watershed) to the nearest adequate man-made drainage facility or to a natural watercourse having a definable bed and banks. 43. Applicant shall provide for maintenance of all project drainage facilities, including lakes, ponds, streams, and storm drainage systems off road right of way. 44. Obtain an encroachment permit from the Public Works Department, Engineering Services Division, for construction of driveways or other improvements within any County-maintained It of way. NH:vpinorm ' Ji