HomeMy WebLinkAboutMINUTES - 06212011 - D.2RECOMMENDATION(S):
OPEN the public hearing, receive public testimony, and CLOSE the public hearing.
A. DENY the appeal of the Contra Costa Water District, the City of Oakley, and the
Ironhouse Sanitary District.
B. UPHOLD the decisions of the County Planning Commission to adopt the December 1,
2010 Coronado Village Final Mitigated Negative Declaration and to approve the four-lot
tentative map (County File #MS05-0037) for the Coronado Village Commercial Shopping
Center.
C. Pursuant to the recommendation of the County Planning Commission (as contained in
Planning Commission Resolution No. 08-2011):
(1) FIND on the basis of the whole record before the County that there is no substantial
evidence that the proposed project will have a significant effect on the environment, and
that the December 1, 2010 Coronado Village Final Mitigated Negative Declaration (SCH#
2009122040) prepared for this project reflects the County’s independent judgment and
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/21/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Ruben Hernandez,
925-335-1339
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: June 21, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D. 2
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:June 21, 2011
Contra
Costa
County
Subject:Continued Hearing on an Appeal of the County Planning Commission Approval of the Coronado Village
Shopping Center in the Bethel Island Area
analysis;
(2) ADOPT the December 1, 2010 Coronado Village Final Mitigated Negative Declaration
RECOMMENDATION(S): (CONT'D)
and the accompanying Mitigation Monitoring Program for purposes of satisfying this
project’s compliance with the California Environmental Quality Act;
(3) APPROVE the rezoning of the 10-acre site from 'Retail-Business District (R-B)' to a
'Planned Unit District (P-1)' (County File: RZ#05-3166), as illustrated on the map listed
as Attachment B;
(4) APPROVE the Preliminary and Final Development Plan for Coronado Village
Commercial Shopping Center (County File: DP#05-3073) including the associated
Conditions of Approval;
(5) ADOPT the findings contained in Planning Commission Resolution No. 08-2011 as
the basis for the Board of Supervisors’ actions.
D. ADOPT proposed Resolution No. 2011/162 which incorporates certain findings and
conditions of approval as the basis for the Board’s approval;
E. INTRODUCE proposed County Ordinance No. 2011-10 giving effect to the
aforementioned rezoning, WAIVE reading, and ADOPT the ordinance;
F. DIRECT staff to post a Notice of Determination with the County Clerk.
FISCAL IMPACT:
None. All costs of processing the application will be covered by the applicant.
BACKGROUND:
CONTINUED OPEN PUBLIC HEARING
I. Previous Meeting
This item was continued from the May 10, 2011 Supervisors' meeting at the request of
the Department of Conservation and Development. The continuation was requested in
order to provide staff with time to consult with the California Department of Public
Health and the County Department of Environmental Health regarding the proposed
private water system for the Coronado Village project. After consulting with both
agencies, staff has determined that the private water system for the Coronado Village
project would be reviewed and permitted under the jurisdiction of the County
Environmental Health Department. Based on this information, staff has determined that
the noticing requirements of the California Environmental Quality Act (CEQA) have
been complied with and the project can move forward.
II. Appellants' Testimony
At the previous Board hearing, testimony was provided by all three appellants; the
Contra Costa Water District, the City of Oakley and the Ironhouse Sanitary District.
Testimony was also provided by the Diablo Water District.
The appeal and testimony of the Contra Costa Water District and the Diablo Water
District focused mainly on the proposed Coronado Village private water system. Both
water districts expressed concerns regarding the adequacy of the Coronado Village Final
Mitigated Negative Declaration (MND) as it relates to the proposed private well water
system. They also expressed concerns over the long term viability of a private system for
a development of this size.
As a follow up to the previous Board meeting, Mark Seedall of the Contra Costa Water
District provided a letter (attached) to staff dated June 2, 2011. The letter provided
additional information regarding the anticipated cost of providing public water versus
private water for the Coronado Village project. According to the letter, the capital cost of
setting up the private water system will cost approximately $500,000 more than the
public system, with an approximate monthly cost of $188 dollars per customer, compared
to a monthly cost of $66 per customer using the public system.
The City of Oakley provided testimony mostly related to traffic issues and the payment
of fair share fees for the project. They also expressed concerns relating to a “Transition of
Municipal Services” agreement between the County and the City of Oakley that was
exercised in 2006 as part of the agreement for annexation of the East Cypress Corridor
area into the City of Oakley.
The Ironhouse Sanitary District provided testimony indicating that they would not accept
any brine produced by the Coronado Village private water system and also expressed
concerns over the viability of the proposed private system.
III. Applicant's Rebuttal
In rebuttal to the testimony provided, the applicant’s hydrology engineer provided a brief
explanation of how the proposed water system would work, how much brine would be
produced and how the brine would be disposed of. According to the engineer, a
reverse-osmosis (RO) type system would likely be utilized for the project. Based on
available information, a RO for a project of this size is feasible and would not result in
any significant environmental impact, including excessive truck trips to dispose of brine.
Staff did have the opportunity to discuss the private water system with the California
Department of Public Health, who indicated that, although it may be difficult, permitting
and establishing a private water system of the size required for Coronado Village is
possible.
In response to the comments provided by the City of Oakley, staff from both the County
Public Works Department and Department of Conservation and Development have been
Public Works Department and Department of Conservation and Development have been
working with Rebecca Willis, the Community Development Director for the City of
Oakley, in addressing the City’s concerns. After some discussion, the City of Oakley has
indicated that they are satisfied with the project as conditioned and are satisfied with the
ongoing talks between the County and the City as they relate to possible changes to the
“Transition of Municipal Services” agreement mentioned above.
IV. Revisions to the Conditions of Approval
The current staff cost for processing of the Coronado Village application is quite
significant. In order to ensure payment of the outstanding fees associated with the
processing of both Coronado Village applications, staff has revised Condition of
Approval #2 of the commercial portion of Coronado Village and Condition #3 of the
residential portion. The revised conditions require payment of all processing fees within
90 days of the project approval date. The conditions stipulate that a failure to pay
processing fees within the time allotted could result in the initiation of revocation
proceedings of the project approvals.
In addition to the new language identified above, staff has determined that additional
language should be added to the standard indemnification condition in order to protect the
Department of Conservation and Development from having to absorb any additional staff
cost associated with a possible legal challenge of the project approvals.
The following sentence has been added to condition of approval #3 of the Coronado
Village Commercial development project and condition of approval #4 of the Coronado
Village residential project:
“Upon the initiation of any legal action associated with the County approval of the
Coronado Village Commercial or Residential development project, the
applicant/developer shall submit a $10,000 deposit with the Department of Conservation
and Development to cover staff cost associated with the legal proceedings and
preparation of the administrative record. All staff cost beyond the initial $10,000 deposit
shall be paid by the applicant/developer.”
V. Conclusion
After consulting with the California Department of Public Health and the County
Environmental Health Department, staff has determined that the Coronado Village Final
Mitigated Negative Declaration was processed in compliance with the requirements of
the California Environmental Quality Act (CEQA).
Staff has also used the time between hearings to discuss the project with the City of
Oakley and the Contra Costa Water District. According to Rebecca Willis, the
Community Development Director with the City of Oakley, all of the City’s major
concerns with the project have been addressed and talks between the County and the City
concerns with the project have been addressed and talks between the County and the City
regarding the “Transition of Municipal Services” are currently underway so the City has
no further comments.
Mark Seedall with the Contra Costa Water District has provided staff with a letter dated
June 2, 2011 (attached) that provides information regarding anticipated cost for both the
public and private water service options for the project. According to the information in
the letter, providing public water for the project could be more economical over time, but
the applicant is under no obligation to use public water for the project. The project can be
developed using a private well water system as proposed.
Therefore, staff is recommending that the Board adopt the recommendations as provided
above subject to the attached revised conditions of approval.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommended actions are not taken, the applicant will not be able to build the
project.
CHILDREN'S IMPACT STATEMENT:
N/A
CLERK'S ADDENDUM
Items D. 2 and D.3 were considered together. Speakers: Rebecca Willis, City of Oakley
Development Department; Mark Seedall, Contra Costa Water District (Appellant);
David Ivester and Raymond Will (on behalf of applicant) indicated they were available
to answer questions. CLOSED the public hearing; DENIED the appeal of the Contra
Costa Water District, the City of Oakley, and the Ironhouse Sanitary District;
UPHELD the decisions of the County Planning Commission to adopt the December 1,
2010 Coronado Village Final Mitigated Negative Declaration and to approve the
four-lot tentative map (County File #MS05-0037) for the Coronado Village
Commercial Shopping Center; FOUND on the basis of the whole record before the
County that there is no substantial evidence that the proposed project will have a
significant effect on the environment, and that the December 1, 2010 Coronado Village
Final Mitigated Negative Declaration (SCH# 2009122040) prepared for this project
reflects the County’s independent judgment and analysis; ADOPTED the December 1,
2010 Coronado Village Final Mitigated Negative Declaration and the accompanying
Mitigation Monitoring Program for purposes of satisfying this project’s compliance
with the California Environmental Quality Act; APPROVED the rezoning of the
10-acre site from 'Retail-Business District (R-B)' to a 'Planned Unit District (P-1)'
(County File: RZ#05-3166), as illustrated on the map listed as Attachment B; (4)
APPROVE the Preliminary and Final Development Plan for Coronado Village
Commercial Shopping Center (County File: DP#05-3073) including the associated
Conditions of Approval; ADOPT the findings contained in Planning Commission
Resolution No. 08-2011 as the basis for the Board of Supervisors’ actions; ADOPTED
proposed Resolution No. 2011/162 which incorporates certain findings and conditions
of approval as the basis for the Board’s approval; INTRODUCED proposed County
Ordinance No. 2011-10 giving effect to the aforementioned rezoning, WAIVED
reading, and ADOPTED the ordinance; and DIRECTED staff to post a Notice of
Determination with the County Clerk.
ATTACHMENTS
Resolution No. 2011/162
Resolution No. 2011/162
Attachment A - Coronado Appeal/Rebuttal
Coronado Village Commercial Ordinance Map
Coronado Village Commercial COA's
CPC Resolution 08-2011
Coronado Village Mitigation Monitoring Program
Coronado Commercial General Plan/Zoning Maps
Coronado Commercial Site/Building Plans
Coronado Commercial CPC Staff Reports
CCWD June 2 Letter
Coronado Mitgated Neg Dec
R-B
P-1
F-1
A-2
Wells Rd
Bethel Island RdDutch Slough Rd
Sandmound Blvd
City of Oakley
ORDINANCE NO._____________ (Re-Zoning Land in the
__________________________ Area)
The Contra Costa County Board of Supervisors ordains as follows:
Page ________________ of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended byre-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Department of Conservation and Development File No. _____________________ .)
FROM: Land Use District ______________ (_______________________________________)
TO: Land Use District ______________ (_______________________________________) and the Department of Conservation and Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002.
This ordinance becomes effective 30 days after passage, and within15 days of passage shall be published once with the names of supervisors voting for and against it inthe __________________________________ , a newspaper published in this County.
PASSED on ________________by the following vote:
Supervisor
SECTION II. EFFECTIVE DATE.
SECTION I:
Aye No Absent Abstain
1. J. Gioia ( ) ( ) ( ) ( ) 2. G.B. Uilkema ( ) ( ) ( ) ( ) 3. M.N. Piepho ( ) ( ) ( ) ( ) 4. K. Mitchoff ( ) ( ) ( ) ( )5. F.D. Glover ( ) ( ) ( ) ( )
ATTEST: David Twa, County Administratorand Clerk of the Board of Supervisors __________________________________________________ Chairman of the BoardBy__________________________________, Dep. (SEAL)
ORDINANCE NO._____________
RZ05-3166 - Sosnowski and Associates
2011 - 10
Bethel Island
G-27
RZ05-3166
R-B
P-1
Retail Business
Planned Unit Development
2011 - 10
COA-1
REVISED CONDITIONS OF APPROVAL FOR COUNTY FILES #DP05-3073 AND MS05-
0037. CORONADO VILLAGE COMMERCIAL SHOPPING CENTER, SOSNOWSKI AND
ASSOCIATES (APPLICANT & OWNER).
Coronado Village Commercial Center
1. ____ ____ This approval is based upon the exhibits received by the Department of Conservation
and Development Department listed as follows:
A. Vesting Tentative Parcel Map, Coronado Village Commercial, Dated
October 11, 2006; and
B. Coronado Village Commercial Architectural Drawings for buildings A-
K, prepared by Mena Architects, dated May 23, 2006; and
C. Master Landscaping Plan, Coronado Village Commercial, prepared by
James Swanson, dated May 23, 2006.
D. Sandmound Boulevard Preliminary Layout Roadway Improvements
Plans, dated June, 6, 2006.
2.____ ____ Payment of any Supplemental Application Processing Fees Which are Due - This
application is subject to an initial application fee, which was paid with the application
submittal, plus time, and material costs if the application review expenses exceed
100% of the initial fee. Any additional fee due must be paid within 90 days of the
permit effective date. Failure to pay fees within the time allotted may result in the
initiation of revocation proceedings for the project. The fees include costs through
permit issuance plus five working days for file preparation. The applicant may obtain
current costs by contacting the project planner. If the applicant owes additional fees, a
bill will be sent to the applicant shortly after permit issuance. Prior to the
issuance of a grading permit, building permit or recordation of the any final or parcel
map for the project the developer shall be required to confirm that payment has been
made for any supplemental application processing fees which are due.
*As of the date of preparation of this staff report, the following application
processing fees are due:
County File #DP05-3073: $29,383.00
County File #MS05-0037: $42,347.86
County File RZ05-3166: $13,516.37
__________________________________
Total: $85,247.23
COA-2
3. ____ ____ Pursuant to Government Code Section 66474.9, prior to filing a parcel map, the
applicant (including the subdivider or any agent thereof) shall provide a letter to the
Department of Conservation and Development, Community Development Division
(DCD) indicating that the subdivider shall defend, indemnify, and hold harmless
Contra Costa County, its agents, officers, and employees any claim, action, or
proceeding against the County or its agents, officers, or employees, to attack, set aside,
void, or annul, the County’s approval concerning this subdivision map application,
which action is brought within the time period provided for in Section 66499.37. The
County will promptly notify the subdivider of any claim, action, or proceeding and
cooperate fully in the defense.
Upon the initiation of any legal action associated with the County approval of the
Coronado Village Commercial or Residential development project, the
applicant/developer shall submit a $10,000 deposit with the Department of
Conservation and Development to cover staff cost associated with the legal
proceedings and preparation of the administrative record. All staff cost beyond the
initial $10,000 deposit shall be paid by the applicant/developer within 45 days of
receipt of invoice. Failure to pay this amount is cause for revocation of the permit.
Rezone Required
4.____ ____ This subdivision shall be approved contingent upon approval of the rezoning request
from R-B to P-1 and approval of the Coronado Village Commercial Final
Development Plan. If the site is not rezoned this approval shall be null and void.
Compliance Report
5.____ ____ At least 45 days prior to filing a parcel map, issuance of grading permit, whichever
occurs first, the applicant shall submit a report on compliance with the conditions of
approval with this permit and mitigation measures contained in the Mitigation
Monitoring Report for the review and approval of the Zoning Administrator. The fee
for this application is a deposit of $10,000.00 that is subject to time and materials
costs. Should staff costs exceed the deposit, additional fees will be required.
Except for those conditions administered by the Public Works Department, the report
shall list each condition and mitigation measure followed by a description of what the
applicant has provided as evidence of compliance with that condition/mitigation
measure. The report shall also indicate whether the applicant believes that he has done
all that is required to comply with the applicable conditions. [Copies of the computer
files containing the conditions of approval and the project’s Mitigation Monitoring
Reporting Program may be available; to obtain a copy, contact the project planner at
(925) 335-1339].
6. ____ ____ Appeals of any administrative decisions by the Zoning Administrator related to these
conditions of approval shall be heard by the County Board of Appeals.
COA-3
Final Map Conditions of Approval
7.____ ____ Concurrently with recording the parcel map, record a statement to run with deeds to
the property acknowledging the availability of the geotechnical study (ENGEO, 2006),
calling attention to conclusions, including any long-term maintenance requirements,
and noting that the report is available to prospective buyers from the seller of the
parcel. (MM VI-1f)
8.____ ____ Prior to recording the parcel map for the project, the applicant shall submit for review
and approval of the Zoning Administrator a water service plan for the entire Coronado
Village (residential and commercial) project. The plan shall be approved by the
County Environmental Health Department prior to submittal to the Department of
Conservation and Development. The plan shall comply with Contra Costa General
Plan Water Service Policy 7-21 and Contra Costa County Code Section 916-2.002.
The plan shall document, in detail, the source of water supply, the reliable (i.e., firm)
capacity of the supply, the concentrations of water quality constituents in the raw
water, the treatment processes to reduce these constituents to levels acceptable to all
regulatory agencies, and the transport method and final disposal location for any waste
streams generated by the proposed treatment processes. The water service plan shall
also include the following information:
• A complete description of the proposed water system for the project
• A water demand study for the project at “build-out”
• A financial plan identifying how the proposed water system will be
funded and maintained in perpetuity;
• A complete administrative and maintenance program
• “By-laws” and management structure for the proposed water system
including identifying all parcels to be served by the water system (MM
XVI-2)
Deed Disclosure to Inform Future Buyers of Status of Water Service for Lots
9.____ ____ A deed disclosure shall be recorded for each lot informing future buyers that the
project is to be serviced by a private small water system. The disclosure shall also
inform future buyers that the water service plan for the project is available for review
with the Department of Conservation and Development, Community Development
Division, and can be found with County File #MS05-0037 and DP05-3073.
Fire Protection
10.____ ____ The applicant shall prepare a water supply plan as required by Contra Costa General
Plan Water Service Policy 7-21 that clearly demonstrates that a well-water supply with
a firm yield of 2,250 gallons per minute (gpm) can be developed. If a 2,250 gpm
groundwater supply cannot be developed, the applicant could provide 540,000 gallons
(2,250 gpm x 240 minutes) of fire-fighting water storage, or request annexation to the
COA-4
Diablo Water District and the Contra Costa Water District for a reliable water supply.
(MM XIII-1)
Design Conditions
11.____ ____ At least 30 days prior to the issuance of the first building or grading permit for
residences, proposed building designs shall be submitted to the Zoning Administrator
for review and approval. The submittal shall include the site plan, a grading plan,
structural elevations, floor plans and a sample palette of the exterior and materials.
Take-Out Food/Alcohol Sales
12.____ ____ Land use permits for the establishment of a take-out food business or alcohol sales is
not part of this approval. Prior to establishment of either type of the aforementioned
uses will require approval of the appropriate land use entitlements.
CC&R’s
13.____ ____ Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review prior
to recording of the parcel map, and shall be subject to review and approval by the
Zoning Administrator. This document shall provide for establishment, ownership and
maintenance of the common open space, landscaping and parking, fire protection,
fencing, street and drainage maintenance, establishment of signs and other common
structures.
Air Quality
14.____ ____ Consistent with guidance from the BAAQMD, the following measures shall be
required of construction contracts and specifications for the project:
• Water all active construction areas at least twice daily and more often during
windy periods; active areas adjacent to existing land uses shall be kept damp at all
times, or shall be treated with non-toxic stabilizers or dust palliatives;
Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites;
Sweep daily (preferably with water sweepers) all paved access roads, parking
areas, and staging areas at construction sites; water sweepers shall vacuum up
excess water to avoid runoff-related impacts to water quality;
Sweep streets daily (preferably with water sweepers) if visible soil material is
carried onto adjacent public streets;
Apply non-toxic soil stabilizers to inactive construction areas;
COA-5
Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.);
Limit traffic speeds on unpaved roads to 15 mph;
Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
Replant vegetation in disturbed areas as quickly as possible. (MM III-2)
Biological
15.____ ____ The applicant shall implement the U.S. Fish and Wildlife Service (1997) “Standard
Avoidance and Mitigation Measures on Giant Garter Snake Habitat.” The following
measures taken from the USFWS document shall be incorporated into the project:
• Construction activity within habitat should be conducted between May 1 and
October 1. If this is not feasible, the Sacramento U.S. Fish and Wildlife Office
would be contacted to determine if additional measures are necessary to
minimize and avoid take.
• Confine clearing to the minimal area necessary to facilitate construction
activities. Flag and designate avoided giant garter snake habitat within or
adjacent to the project area as Environmentally Sensitive Areas. All
construction personnel shall avoid this area.
• Construction personnel should receive USFWS-approved worker
environmental awareness training. This training instructs workers to recognize
giant garter snakes and their habitat(s).
• The project area should be surveyed for giant garter snakes 24 hours prior to
construction activities. Survey of the project area should be repeated if a lapse
in construction activity of two weeks or greater has occurred. If a snake is
encountered during construction, activities would cease until appropriate
corrective measures have been completed or it has been determined that the
snake would not be harmed. Report any sightings and any incidental take to
USFWS immediately by telephone.
• After completion of construction activities, remove any temporary fill and
construction debris and, wherever feasible, restore disturbed areas to pre-
project conditions. Restoration work may include such activities as replanting
species removed from banks or replanting emergent vegetation in the active
channel. (MM IV-1)
16.____ ____ Prior to issuance of grading or building permit the applicant shall conduct a
preconstruction survey for Pacific pond turtle and, if found, schedule site construction
and impose suitable setback protection barriers to avoid potential injury or death of
individual turtles. (MM IV-2)
COA-6
17.____ ____ Prior to issuance of grading or building permit the applicant shall conduct
preconstruction surveys for burrowing owls; implement avoidance measures that
include discouraging owl nesting or elimination of ground squirrel burrows, and
implement compensation measures to replace the potential loss of owl habitat. (MM
IV-3)
18.____ ____ Prior to issuance of grading or building permit the applicant shall implement and
initiate a preconstruction survey for newly established or actively used nest structures
in trees and implement nest protective procedures if such nests occur. (MM IV-4/8)
19.____ ____Prior to issuance of grading or building permit the applicant shall implement and
initiate a preconstruction survey to determine if newly established or actively used
Swainson’s hawk nest structures are present in trees. If nests are found, the Applicant
shall implement nest protective procedures as determined by CDFG mitigation
guidelines for Swainson’s Hawks in the Central Valley of California. (MM IV-5(a))
20.____ ____ The Project Applicant shall implement compensation measures to replace the potential
loss of Swainson’s hawk foraging habitat. This can be accomplished by the following:
Through the establishment and protection of potential hawk foraging habitat. The
mitigation area would have to be donated to a suitable conservation organization
for management, or controlled by a conservation easement over the property in
perpetuity.
In lieu of Fee Title acquisition of Swainson’s hawk habitat, and establishing
conservation easements over lands that can be managed for this hawk species
(hereinafter referred to as Habitat Management Lands), or dedicating such lands to
a conservation organization, the applicant could pay appropriate fees to use the
East Contra Costa County Habitat Conservation Plan (HCP). This would fully
mitigate impacts to Swainson's hawk foraging habitat. The amount of the fee
would be consistent for treatment of land in the HCP in the location of the project
site and commensurate with impacts to foraging habitat. (MM IV-5(b))
21.____ ____Prior to issuance of grading or building permit the applicant shall implement and
initiate a preconstruction survey for newly established or actively used loggerhead
shrike nest structures in trees and implement nest protective procedures if such nests
occur. (MM IV-6)
22.____ ____ Prior to issuance of grading or building permit the applicant shall conduct
preconstruction surveys and avoid potential take of silvery legless lizards during
construction as follows:
(a) A pre-construction survey of sandy soil areas shall be conducted during the period
of January through April when soil moisture is high and near the surface. If a
silvery legless lizard is not found, further mitigation is not required. If a silvery
legless lizard is found, the following Measure (b) shall be implemented.
COA-7
(b) The following measures shall be implemented to avoid potential take of silvery
legless lizards during construction:
• All construction activity within potential silvery legless lizard aquatic
habitat shall be conducted between May 1 and October 1. This is the active
period for silvery legless lizards and, if present, potential effects are
lessened because the lizards are actively moving and can avoid danger.
• A qualified biologist shall provide project contractors and construction
crews with a worker-awareness program appropriate for silvery legless
lizards before any work within aquatic habitats or adjacent upland habitats
is initiated. This program shall be used to describe the species, its habitats,
its legal status and required protection, all applicable mitigation measures,
and conditions of any state or federal permits as they relate to the silvery
legless lizard.
• During project activities and following construction, all trash shall be
properly contained, removed from the work site, and disposed of properly.
• Twenty four-hours prior to construction activities, the project area shall be
surveyed for silvery legless lizards. Survey of the project area shall be
repeated if a lapse in construction activity of two weeks or greater has
occurred. If a silvery legless lizard is encountered during construction,
activities shall not begin until appropriate corrective measures have been
completed or it has been determined that the lizard shall not be harmed.
Such actions may include capture and relocation of any silvery legless
lizards to suitable on-site habitat areas outside of the areas under
construction. Any sightings and any incidental take shall be reported
immediately to the California Department of Fish and Game. (MM IV-7)
23.____ ____ The Project Applicant will obtain a Section 404 Permit from the U.S. Army Corps of
Engineers and, as required, a Section 401 Water Quality Certification from the
Regional Water Quality Control Board prior to the placement of fill or construction of
access roads over jurisdictional wetlands, and implement appropriate compensation
measures for the loss of wetland values and acreage. (MM IV-9)
24.____ ____ Thirty (30) days prior to the issuance of a building permit, the applicant shall submit
for review and approval to Contra Costa County a Landscape Plan that incorporates
the planting of native tree and ground cover plants on areas adjacent to the proposed
25-foot buffer zones around designated protected wetlands. (MM IV-10)
25.____ ____ The developer shall implement the following tree protection and preservation
measures to ensure that none of the protected trees (trees with DBH of 6.5" or larger)
on the site are impacted during construction of any portion of the project. (MM IV-11)
a) Prior to start of construction, the developer shall submit a tree survey identifying
the location, species and size of all trees on the property. The report shall identify
COA-8
the health of the trees and any recommendations to maintain their health during
construction.
b) Temporary Fencing to Protect Trees to be Saved: Prior to the start of any clearing,
stockpiling, trenching, grading, compaction, paving or change in ground elevation,
the developer shall have installed protective fencing at the dripline of all protected
trees. The location of the protective fencing shall be designed so as to maximize
protection of the root zone without preventing the proposed construction. The
location of the protective fencing shall be indicated on all construction plans.
Fencing shall be installed prior to commencement of work at the subject site, and
shall remain in place through completion. Prior to grading or issuance of any
permits, the fences may be inspected and the location thereof approved by
appropriate County staff.
c) Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and
Preservation Ordinance, to address the possibility that construction activity
damages trees that are to be preserved, the applicant shall provide the County with
a security to allow for replacement of trees that are significantly damaged or
destroyed by construction activity. The applicant shall provide a security that is
acceptable to the Zoning Administrator.
Geologic Conditions
26.____ ____ At least 60 days prior to filing the Final Map, or issuance of a grading or building
permit or installation of improvements or utilities, the applicant shall submit a
preliminary geology, soil, and foundation report meeting the requirements of
Subdivision Ordinance 94-4.420 for review by Contra Costa County’s Peer Review
Geologist and review and approval by the County Zoning Administrator. The intent of
this report is to confirm/refine the preliminary conclusions of the applicant’s
geotechnical consultant (Engeo, 2006) and provide specific standards and criteria for
site grading, drainage and foundation design. Improvement, grading, and building
plans shall comply with the recommendations of the approved report.
This report shall include evaluation of expansive soils, corrosive soils and liquefaction
potential, including seismic settlement and other types of seismically-induced ground
failure by recognized methods appropriate to soil conditions discovered during
subsurface investigation and laboratory testing. The report shall provide the
following:
• Logs that show the details of observed features and conditions and to be
sufficiently deep to characterize subsurface conditions that could affect project
design and performance. Logs shall not be diagrammatic or generalized.
• Evaluation of the liquefaction potential and specific standards and criteria to
mitigate the hazard posed by liquefaction.
• Testing program to confirm the effectiveness of the liquefaction remediation
measures.
COA-9
• Laboratory test data.
• Bibliography of pertinent reports and maps. (MM VI-1a)
27.____ ____ The recommendations for site grading contained in the approved geotechnical reports
shall be followed during grading unless modifications are specifically approved in
writing by Contra Costa County's Building Inspection Department. (MM VI-1b)
28.____ ____ Prior to issuance of building permits, chemical testing of representative building pad
soils shall be submitted to determine the level of corrosion protection required for steel
and concrete materials used for construction. The following measures shall be
implemented where appropriate to protect against corrosion: use of sulfate-resistant
concrete and use of protective linings to encase steel piping buried in native soils.
(MM VI-1c)
29.____ ____ All measures identified in the approved geotechnical report to provide for slope
stability shall be incorporated into the construction plans for building permits. Prior to
issuance of the construction permits, the County Geologist shall review the plans to
verify that these measures are incorporated, and that there is no unacceptable hazard
from unstable slopes. (MM VI-1d)
30.____ ____Consistent with the approved geotechnical report, the measures shall be implemented
during design and construction to minimize expansive soil effects on structures
including control of moisture around foundations. Monitoring of grading and
foundation work during site preparation and project construction, as approved by the
Contra Costa County’s Building Inspection Department, shall be performed to ensure
the as-built conditions are consistent with the intent of the geotechnical
recommendations in the approved report. (MM VI-1e)
Hydrology and Water Quality
31.____ ____ Buildings shall be designed and constructed to be flood resistant in compliance with
the requirements of Contra Costa County Floodplain Management Ordinance 2000-33.
(MM VIII-1)
Transportation and Traffic
32.____ ____ Prior to issuance of a building permit for any residential structure, the applicant shall
prepare a “fair-share” cost estimate for project impacts to both City of Oakley and
County Roadways. The estimate for the City shall be reviewed by the City prior to
submittal to the County. “Fair-share” cost for the city shall be collected by the County
along with other fees and shall be remitted to the City once collected.
COA-10
33.____ ____The primary commercial driveway shall be redesigned to preclude outbound left turns.
The outbound left turn prohibition would be accomplished with a median island in the
driveway. (MM XV-11)
Trucking Routes
34.____ ____ Prior to grading or construction a detailed construction traffic plan shall be prepared,
which shall include truck routing, truck staging and truck access on/off the site. The
plan shall be shared with the City of Oakley and if deemed necessary a pre- and post-
condition roadway condition fee shall be paid to the City. Evidence of payment of the
fee, if required shall be provided to the County prior to commencing construction.
(XV-5a/5b)
35.____ ____Pedestrian connections shall be clearly delineated on the site plan and shall be designed
to encourage a pedestrian travel mode among the various site uses. (MM XV-14)
36.____ ____The project site plans shall be consistent with the precise location of County plans for
bike paths along Bethel Island Road. (The County Plan shows additional bike paths or
bike lanes along Dutch Slough Road, Sandmound Boulevard east of the site, and East
Cypress Road south of the site.) (MM XV-15)
37.____ ____The applicant shall negotiate with the Ironhouse Sanitary District (ISD) to determine
the applicant’s fair share of the cost of increasing the sanitary sewer capacity between
the proposed project site and the ISD treatment plant. No dwelling unit or commercial
building in the proposed project shall be occupied until the new ISD wastewater
treatment plant—with sufficient capacity to treat wastewater from the proposed
project, and the additional sewer capacity improvements required to convey the
sewage to the treatment plant—are completed and operational. A new wastewater
treatment plant with sufficient capacity to serve the proposed project is expected to be
operational in 2011. It is assumed that the required sewer improvements could also be
installed by 2011. (MM XVI-1)
Archaeology
38.____ ____ 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.
Street Name
39.____ ____ At least 30 days prior to filing the Final Map, the proposed street name shall be
submitted for review by the Community Development Division, Graphics Section.
Alternate street names should be submitted. The Final Map cannot be certified by the
Department of Conservation and Development without the approved street name.
COA-11
Lighting
40.____ ____ The applicant shall provide a lighting plan for the entire development, including
exterior illuminated signage, exterior building lights, parking lot lights, street lights,
pedestrian walkways, and if applicable, tennis court lighting. The following standards
apply to the lighting plans:
A photometric site plan shall be included as part of all lighting plans.
Exterior lighting shall be low mounted, downward casting and shielded to
minimize glare and direct view of light sources.
Lighting shall be provided in areas of pedestrian activity and at building entrances.
Lighting shall be used to appropriately accent architectural features and
landscaping.
Light poles shall be as low as possible. Traditional "cobra head" poles are
prohibited except where required by the Public Works Department.
Fixtures intended to be lit for long periods of time shall be low-pressure sodium
lamps (or devices with similar properties) and generally shall not be located at the
periphery of the property.
Floodlights shall be prohibited and no lighting shall blink, flash or be of unusually
high intensity or brightness.
Lighting intensity shall be no greater than what is reasonably required to provide
visibility and security in parking areas, along pedestrian walkways and at the
building facades.
Individual lighting plans for retail facades shall be subject to design review.
(MM I-2)
Construction Conditions:
41. ____ ____ The following mitigation measures shall be implemented to reduce construction noise:
A. Requiring posting, in a publicly visible location on-site, the contact
information of the person responsible for noise control.
B. 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.
C. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to provide access to each
lot. This shall include provision for an on-site area in which to park earth
moving equipment.
COA-12
D. Transporting of heavy equipment and trucks shall be limited to weekdays
between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on Federal and
State holidays.
E. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
F. All 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 on the calendar dates that these holidays are observed by the state or
federal government as listed below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday/Presidents’ Day (State and Federal)
Lincoln’s Birthday (State)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
Christmas Day (State and Federal)
For specific details on the actual day the state and federal holidays occur, please
visit the following websites:
Federal Holidays http://www.opm.gov/fedhol/2009.asp
California Holidays http://www.edd.ca.gov/eddsthol.htm
G. Prohibit unnecessary idling of internal combustion engines.
H. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment.
I. Locate stationary noise generating equipment as far from surrounding
residential properties as possible. (MM XI-1)
42.____ ____At least 30 days prior to the issuance of the building permit(s), the developer shall
submit a “Debris Recovery Plan” demonstrating how they intend to recycle, reuse or
salvage building materials and other debris generating from the demolition of existing
building and/or the construction of new buildings. At least 30 days prior to the
issuance of an Occupancy Permit, the developer shall submit a completed “Debris
COA-13
Recovery Report” documenting actual debris recovery effects “including quantities of
recovered and landfilled materials that occurred throughout the project’s duration.
PUBLIC WORKS RECOMMENDED
CONDITIONS OF APPROVAL FOR SUBDIVISION MS 05-00037
Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance
Code. Any exception(s) must be stipulated in these Conditions of Approval. Conditions of
Approval are based on the Vesting Tentative Parcel Map submitted to the Community
Development Department on October 12, 2006.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING
OF THE PARCEL MAP.
General Requirements:
43.____ ____ In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall
conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any
exceptions therefrom must be specifically listed in this conditional approval statement.
The drainage, road, and utility improvements outlined below shall require the review
and approval of the Public Works Department and are based on the Vesting Tentative
Parcel Map received by the Community Development Department (now known as the
Department of Conservation and Development, Community Development Division)
on October 12, 2006.
44.____ ____ Improvement plans prepared by a registered Civil Engineer shall be submitted to the
Public Works Department, Engineering Services Division, along with review and
inspection fees, and security for all improvements required by the Ordinance Code for
the conditions of approval of this subdivision. Any necessary traffic signing and
striping shall be included in the improvement plans for review by the Transportation
Engineering Division of the Public Works Department.
Frontage Improvements (Sandmound Boulevard):
45.____ ____ Applicant shall construct curb, 5.5 foot wide sidewalk, necessary longitudinal and
transverse drainage, street lighting (as necessary), and pavement widening (for a 20
COA-14
foot wide half-width of pavement) and transitions along the frontage of Sandmound
Boulevard. Applicant shall construct face of curb 18 feet from the ultimate right of
way line. The applicant shall coordinate with the City of Oakley to ensure that these
improvements meet their requirements for the subject roadway.
46.____ ____ Applicant shall construct a traffic signal and associated improvements (including, but
not limited to, controllers, wiring, detector loops, pedestrian signals, etc.) at the
intersection of Bethel Island Road/Sandmound Boulevard. The intersection of
Sandmound Boulevard and Bethel Island Road shall be realigned to intersect at 90
degrees and include a left turn lane. The applicant shall prepare an analysis, sketch
plan, and coordinate with the City of Oakley regarding the realignment of Sandmound
Boulevard to intersect perpendicular with Bethel Island Road, and be consistent with
the requirements of the “Summer Lake” Subdivision SD 7562 (formerly “Cypress
Lakes”) to the south. . If the developer to the south of Sandmound Boulevard
(“Summer Lakes”) constructs the signal and intersection improvements first, then the
applicant shall pay a cash fair share contribution into the Road Improvement Trust
Fund. The fair share contribution shall be determined based on an estimate prepared
by the applicant and approved by the Public Works Department, which would be
based on the percentage of traffic from the subject development that utilizes the
intersection.
Frontage Improvements (Bethel Island Road):
47.____ ____ Applicant shall provide the necessary pavement widening, sidewalk, longitudinal and
transverse drainage that would result in the ultimate half-width (and median island)
improvements along the project frontage of Bethel Island Road. Ultimate half width
improvements shall consist of half of a 14-foot wide center median, a 14-foot wide
inside travel lane, a 12-foot wide travel lane, a 12-foot wide weaving lane, a 5-foot
wide bike lane, and a minimum 6.5 foot wide sidewalk. Installation of a roadside
swale may be acceptable in lieu of storm drain pipe for longitudinal drainage, as
determined by the Public Works Department. The applicant shall coordinate with the
City of Oakley to ensure that the frontage improvements on Bethel Island Road are
aligned with the interim and ultimate improvements of Bethel Island Road south of
Sandmound Boulevard.
48.____ ____ Applicant may propose and construct an interim street section along Bethel Island
Road, in lieu of the ultimate half-width section described in the previous condition of
approval. The interim street section likely would not include construction of a partial
or complete raised median island. After review and approval of the interim street
section by the Public Works Department, the applicant shall be required to construct
the improvements identified in the interim street section, and place a cash deposit in
the Road Improvement Trust Fund for future construction of the half-width ultimate
road section, which would include the raised median island. The applicant shall
prepare a cost estimate for the ultimate half-width improvements, for the approval of
the Public Works Department, as the basis for the cash deposit.
COA-15
49.____ ____ The northbound acceleration/deceleration lanes proposed at the intersections of the on-
site roads and Bethel Island Road, as shown on the Vesting Tentative Map, shall be
redesigned to incorporate a 12-foot wide weaving lane and a 5-foot wide bike lane,
based on a 55 miles per hour design speed (or alternative design speed, as approved by
the Public Works Department). Final design of the weaving and bike lane shall be
subject to the review and approval of the Public Works Department.
50.____ ____ Applicant shall provide a proportional share towards widening the northbound Bethel
Island Road approach (toward the Sandmound Boulevard intersection) to include
separate through and right turn lanes. The applicant shall prepare a cost estimate for
the proportional share due, for the approval of the Public Works Department and the
City of Oakley. (Mitigation Measure XV-8)
Off-Site Road Improvements:
51.____ ____ Applicant shall install an all-way standard stop sign control at the intersection of
Bethel Island Road/Gateway Road. (Mitigation Measure XV-6)
52.____ ____ Applicant shall contribute a proportional share towards widening/restriping the
westbound Stone Road approach (intersection to Bethel Island Road) to include
separate left turn and right turn lanes. The applicant shall prepare an analysis, sketch
plan, and cost estimate to determine the proportional (or fair share) contribution for
these improvements for the review and approval of the Public Works Department.
(Mitigation Measure XV-1)
53.____ ____ Applicant shall contribute a proportional share towards the installation of a traffic
signal at the intersection of Bethel Island Road/Stone Road. The applicant shall
prepare an analysis, sketch plan and cost estimate to determine the proportional (or fair
share contribution) for the review and approval of the Public Works Department.
(Mitigation Measure XV-7)
54.____ ____ Applicant shall account for project related area-wide intersection impacts (beyond
those outlined in the project traffic analysis) by contributing to the City of Oakley
Transportation Impact Fee based on the proportional traffic impacts of the subject
project. (Mitigation Measure XV-4 and XV-10)
55.____ ____ Applicant shall provide a proportional share towards widening the northbound Bethel
Island Road approach to include two left turn lanes on East Cypress Road. The
applicant shall prepare a cost estimate for the proportional share due, for the approval
of the City of Oakley. (Mitigation Measure XV-9)
Construction Traffic:
56.____ ____ Applicant shall provide a Traffic Control Plan for construction, for the review and
approval of the Public Works Department. The applicant shall propose a haul route
COA-16
for construction traffic, including truck staging and truck access on/off the site, to be
reviewed and approved by the Public Works Department. (Mitigation Measure XV-5a)
57.____ ____ Applicant shall perform a pre- and post-project survey of the haul routes and propose a
mitigation/monitoring plan to restore any County maintained public roads benn
deteriorated by project related truck trips to pre-project conditions. (Mitigation
Measure XV-5b)
Access to Adjoining Property:
Proof of Access
58.____ ____ 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 and drainage improvements.
Encroachment Permit
59.____ ____ Applicant shall obtain an encroachment permit from the County’s Application and
Permit Center for the construction of any improvements within the Public right of
way.
60.____ ____ Applicant shall obtain an encroachment permit from the City of Oakley for the
construction of any improvements within the City’s right of way.
Site Access/Abutter’s Rights
61.____ ____ Applicant shall relinquish abutter’s rights of access along the project frontage of
Bethel Island Road, with the exception of the driveway access points shown on the
map.
62.____ ____ Applicant shall relinquish abutter’s rights of access along Sandmound Boulevard, with
the exception of the driveway access shown on the vesting tentative map.
Sight Distance:
63.____ ____ Applicant shall provide sight distance at the intersections of the private driveways and
Bethel Island Road for a design speed of 55 miles per hour, or alternative design
speed, as approved by the Public Works Department. The applicant shall trim
vegetation, as necessary, to provide sight distance at the proposed intersections. Any
COA-17
new landscaping, fencing, retaining walls, or other obstructions proposed at the
intersections shall be setback to ensure that the sight lines are clear.
Roadway Improvements (Private Road):
64.____ ____ Applicant shall coordinate with the City of Oakley to verify that the alignment of the
private easterly access road (Coronado Boulevard) is compatible with the future
alignment of Summer Lake Drive at Sandmound Boulevard. The in-tract road system
shall be redesigned, as needed, to conform to surrounding developments previously
approved. Compliance with City of Oakley and County standards for intersections
spacing and intersection alignment shall be required.
65.____ ____ Coronado Boulevard and all other on-site access roads and driveways, as currently
shown on the vesting tentative map, do not conform to public road standards and shall
not be accepted as public roads.
66.____ ____ Applicant shall verify that turning radii inside the parking lots, driveways, and access
roads of the proposed commercial development are adequate for the circulation of
emergency vehicles and delivery trucks, and submit plans detailing the circulation
elements to the Public Works Department and Contra Costa County Fire Protection
District for review and approval.
67.____ ____ Applicant shall align the main access driveway (to proposed Parcel 3) to intersect
Bethel Island Road perpendicularly. The perpendicular alignment of the driveway
shall extend a minimum of 55 feet from the intersection. The applicant shall submit a
circulation plan for this intersection for the review and approval of the Public Works
Department. Prohibition of outbound left-turning movements may result from the
circulation plan.
68.____ ____ Applicant shall relocate, as necessary, the northerly access driveway (serving the
commercial development) that is shown intersecting Bethel Island Road based on an
analysis of the sight distance at the crest of the vertical curve from the new Bethel
Island Bridge and the design speed. The applicant shall provide a sketch plan detailing
the sight distance and circulation at the intersection for the review and approval of the
Public Works Department.
69.____ ____ To reduce the potential for vehicle conflicts and to provide optimum left turn storage,
the applicant shall be required to either restrict the driveway on Sandmound Boulevard
(serving proposed Parcel 2) to right turn in/out only or design the westbound
Sandmound Boulevard left turn lane as a two-way-left-turn-lane (TWLTL) extending
from the Bethel Island Road east to the intersection with Coronado Boulevard.
Installation of either of these (or other) traffic circulation optimization features shall be
subject to approval by the Public Works Department and City of Oakley. (Mitigation
Measure XV-12)
COA-18
70.____ ____ The proposed private north-south access road (Coronado Boulevard) connecting
Sandmound Boulevard and Wells Road appears to be located off-site, on the adjacent
parcel to the east. The adjacent parcel is also proposed for development with SD 06-
9141, and intends to take access via the private road. The applicant shall obtain legal
rights of access across the adjacent property (APN 032-112-007) by recording a
private access and utility easement, or equivalent instrument, in order to gain the rights
to construct and access the road.
71.____ ____ Applicant shall construct all proposed intersections of the proposed commercial
development and public roads with street-type connection with minimum 20-foot radii
curb returns in lieu of standard driveway depressions.
Road Dedications:
72.____ ____ Property Owner(s) shall convey to the County, by Offer of Dedication, the right of
way necessary to provide a minimum 60-foot wide half-width along Bethel Island
Road. This will result in an estimated 9 feet of additional right of way dedication,
which would be in addition to the 21-foot wide dedication previously recorded with
Subdivision 8220, for a total 30–foot wide half width of dedication. The resulting
ultimate half-width right of way of 60 feet should be adequate to accommodate a half-
width median, two through travel lanes, a weaving lane, a bike lane, and a 10 foot
wide pedestrian walk area. In consideration of the ultimate Bethel Island Road
pavement width reducing to conform to the Bethel Island Bridge to the north, which
features only two lanes as recently reconstructed, the additional dedication of 9 feet
shall only be required from the intersection of Sandmound Boulevard north past the
main driveway serving the future commercial facility, or 500 feet.
73.____ ____ Property Owner(s) shall convey to the County, by Offer of Dedication, the right of
way necessary to provide a minimum 38 foot half width (where an ultimate 76 foot
wide ultimate right of way is required) along the Sandmound Boulevard frontage. The
current right of way width appears to be 50 feet; therefore, an additional 13 feet of
right of way shall be required from the north side of Sandmound Boulevard. The
realignment of Sandmound Boulevard to intersect with Bethel Island Road at a
perpendicular will apparently shift the improvements to the south. This would not
appear to require additional right of way dedications to accommodate the turn lanes,
signal improvements, and realignment would be required along the project frontage. If
the realignment of the intersection does result in additional right of way dedication,
then the applicant shall dedicate the right of way necessary.
Pedestrian Facilities:
74.____ ____ Curb ramps and driveways shall be designed and constructed in accordance with
current County standards. A detectable warning surface (e.g. truncated domes) shall be
COA-19
installed on all curb ramps. Adequate right of way shall be dedicated at the curb
returns to accommodate the returns and curb ramps.
75.____ ____ Applicant shall design all public and private pedestrian facilities in accordance with
Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall
include all sidewalks, paths, driveway depressions, and curb ramps.
76.____ ____ Applicant shall provide a connection of the pedestrian and bicycle features constructed
with this project and those already in place in the vicinity of the project. (Mitigation
Measure XV-14)
Parking:
77.____ ____ Parking shall be prohibited on one side of on-site roadways where the curb-to-curb
width is less than 36 feet and on both sides of on-site roadways where the curb-to-curb
width is less than 28 feet. “No Parking” signs or pavement markings shall be installed
along these portions of the roads, subject to the review and approval of Public Works.
Utilities/Undergrounding:
78.____ ____ All existing and new utility distribution services shall be installed underground.
Drainage:
Collect and Convey
79.____ ____ Applicant shall collect and convey all stormwater entering and/or originating on this
property, without diversion and within an adequate storm drainage system, to an
adequate natural watercourse having definable bed and banks, or to an existing
adequate public storm drainage system which conveys the storm waters to an adequate
natural watercourse, in accordance with Division 914 of the Ordinance Code.
Exception
Applicant shall be permitted an exception to allow discharge of stormwater to roadside
ditches provided that the applicant verifies the adequacy of the downstream ditch
system or constructs any necessary improvements to make this system adequate to a
point where flow will be accepted by Reclamation District 799.
80.____ ____ Applicant shall be required to submit the drainage and landscaping plan for the project
to Reclamation District 799 for their review and approval. Upon approval of the plans,
the applicant shall be required to obtain a permit from Reclamation District 799 in
order to discharge stormwater runoff to the District’s downstream facilities.
COA-20
81.____ ____ Any culvert to be constructed in place of the on-site drainage ditch must be approved
by and meet the requirements of Reclamation District 799. In addition, off-site
culverts and ditch systems conveying storm water runoff to a downstream pump
station shall be checked for adequacy to accept post-project runoff, and if found to be
deficient, improved to handle post-project flows.
Miscellaneous Drainage Requirements:
82.____ ____ The applicant shall design and construct all storm drainage facilities in compliance
with the Ordinance Code and Public Works Design Standards.
83.____ ____ Applicant shall prevent storm drainage from draining across driveway(s) in a
concentrated manner.
84.____ ____ A private storm drain easement, conforming to the width specified in Section 914-
14.004 of the County Ordinance Code, shall be dedicated over any surface or
subsurface storm drain facility traversing the site.
Provision “C.3” of the NPDES Permit:
85.____ ____ This project shall fully comply with the County’s Stormwater Management and
Discharge Control Ordinance, the Stormwater C.3 Guidebook, and the requirements of
the Regional Water Quality Control Board. As part of these requirements, the
applicant shall incorporate Integrated Management Practices (IMPs) or Best
Management Practices (BMPs) to the maximum extent practicable into the design of
this project, implement them, and provide for perpetual operation and maintenance for
all treatment IMP/BMPs.
86.____ ____ A revised Stormwater Control Plan dated October 11, 2006 and received by
Community Development on October 12, 2006 was reviewed and determined to be
preliminarily complete. Although the Stormwater Control Plan has been determined to
be preliminarily complete, it is subject to revision during the preparation of
improvement plans, as necessary, to bring it into full compliance with C.3 stormwater
requirements. The applicant shall submit to the Public Works Department a final
Stormwater Control Plan that has been certified and stamped by a licensed Civil
Engineer, Architect, or Landscape Architect for the review and approval of the Public
Works Department.
87.____ ____ All construction plans (including, but not limited to, site, improvement, structural,
mechanical, architectural, building, grading and landscaping plans) shall comply with
the preliminarily approved Stormwater Control Plan (SWCP) or any subsequently
revised SWCP, the County’s Stormwater Management and Discharge Control
Ordinance, the “C.3 Guidebook” and the requirements of the Regional Water Quality
Control Board. All construction plans shall include details and specifications
necessary to implement all measures of the SWCP, subject to the review and approval
COA-21
of the County. To insure conformance with the SWCP, the applicant shall submit a
completed “Construction Plan C.3 Checklist” indicating the location on the
construction plans of all elements of the SWCP as described in the “Stormwater C.3
Guidebook”.
88.____ ____ Storm water management facilities shall be subject to inspection by Public Works
Department staff; all time and materials costs for inspection of stormwater
management facilities shall be borne by the applicant.
89.____ ____ The property owner shall be required to enter into a standard Stormwater Management
Facility Operation and Maintenance (O&M) Agreement with Contra Costa County, in
which the property owner shall accept responsibility for operation and maintenance of
the stormwater facilities and grant access to relevant public agencies for inspection of
stormwater management facilities. Such an agreement, including any necessary right-
of-entry, shall be fully executed and recorded prior to recordation of the Parcel Map.
90.____ ____ The property owner shall annex the subject property into Community Facilities
District (CFD) No. 2007-1 (Stormwater Management Facilities), which funds
responsibilities of Contra Costa County under its NPDES Permit to oversee the
ongoing administration, operation, reporting, and maintenance of stormwater facilities
by the property owner(s) that is/are or will be benefiting from this development.
Annexation to CFD 2007-1 shall be completed prior to recordation of the Parcel Map.
91.____ ____ Any proposed water quality features that are designed to retain water for longer than
72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control
District.
Special Flood Hazard Area
92.____ ____ The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps. Commercial Buildings (or any other structures) shall be
designed and constructed to be flood resistant in compliance with the requirements of
the Federal Flood Insurance Program and the Contra Costa County Flood Plain
Management Ordinance (Ordinance No. 2000-33).
National Pollutant Discharge Elimination System (NPDES):
93.____ ____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 IV).
94.____ ____ Compliance shall include developing long-term best management practices (BMPs)
for the reduction or elimination of storm water pollutants. The project design shall
COA-22
incorporate wherever feasible, the following long-term BMPs in accordance with the
Contra Costa Clean Water Program for the site's storm water drainage:
- Minimize the amount of directly connected impervious surface area.
- Label all storm drains ("No Dumping, Drains to Delta") using approved markers.
- 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.
- Trash bins shall be sealed to prevent leakage, OR, shall be located within a covered
enclosure.
- Shallow roadside and on-site swales.
- Distribute public information items regarding the Clean Water Program to buyers.
The applicant shall sweep the paved portion of the site at least once a year between
September 1st and October 15th utilizing a vacuum type sweeper. Verification
(invoices, etc.) of the sweeping shall be provided to the County Clean Water
Program Administrative Assistant at 255 Glacier Drive, Martinez CA 94553 (925)
313-2238.
- Applicant shall develop a spills program for the on-site fueling facility and submit
the plan to the Contra Costa County Clean Water Program for review and approval.
- Applicant shall provide a secondary containment system for any above ground fuel
storage tank.
- Other alternatives comparable to the above as approved by Public Works.
Advisory Notes
• Vested Rights Extending After Parcel Map is Recorded - The project is subject to the
development rights (including fees) in effect under the County Ordinance as of June 22, 2006,
the date the vesting tentative map application was accepted as complete by the Department of
Conservation and Development. These fees are in addition to any other development fees,
which may be specified in the conditions of approval.
• Expiration of Vested Rights – Pursuant to Section 66452.6(g) of the Subdivision Map Act, the
rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision
Map Act shall last for an initial period of two (2) years following the recording date of the
parcel map. These rights pertain to development fees and regulations.
Upon expiration of the vesting time period, remaining development (e.g., new building
permits) within the subdivision shall be subject to development fees and regulations in effect
at that time.
• The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Bethel Island, East County, and ECCRFFA/RTDIM Areas of Benefit,
as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building
permits.
• The project is subject to the permitting requirements of Reclamation District 799.
COA-23
• This project is governed by the codes, regulations and ordinances administered by the East
County Fire Protection District, Contra Costa Fire Protection District and the State Fire
Marshall’s Office.
• The required signal installation at the intersection of Bethel Island Road and Sandmound
Boulevard is an identified project on the Bethel Island Area of Benefit (AOB) program; thus
the applicant may be eligible for credit towards traffic fees per the County’s credit and
reimbursement policy.
• Although the Stormwater Control Plan has been determined to be preliminarily complete, it
remains subject to future revision, as necessary, during preparation of improvement plans in
order to bring it into full compliance with C.3 stormwater requirements. Failure to update the
SWCP to match any revisions made in the improvement plans may result in a substantial
change to the County approval, and the project may be subject to additional public hearings.
Revisions to California Environmental Quality Act (CEQA) documents may also be required.
This may significantly increase the time and applicant’s costs associated with approval of the
application.
• 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 Regional Water Quality Control Board.
It is the applicant's responsibility to notify the Water Board to determine if a permit is
required, and if it can be obtained.
• 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.
• Effect of Recent Changes in Provision of Stormwater Management (C.3) Requirements that
May affect this Project – Recent changes to stormwater management requirements may
impact this project. Provision C.3 is a section of the County’s National Pollutant Discharge
Elimination System (NPDES) Permit that requires development projects exceeding specified
thresholds to implement permanent stormwater management facilities to remove pollutants
from runoff and slow rates at which runoff leaves the site. The County’s NPDES Permit was
recently superseded by a new permit that regulates most of the San Francisco Bay area.
Under the old NPDES permit, projects that had to implement permanent stormwater
management facilities to manage runoff from impervious surfaces were generally able to
utilize landscape-based “bioretention facilities.” The following significant change to
Provision C.3 under the new NPDES Permit may impact your project:
COA-24
Low-Impact Development - The new NPDES Permit requires that projects capture runoff on
site and manage it through re-use, infiltration, or evapotranspiration. Bioretention facilities
will only be allowed for stormwater management projects where these other methods are
determined to be infeasible. Unfortunately, a degree of uncertainty remains regarding these
new requirements, since many of the specifics have yet to be determined. Criteria for
infeasibility and design criteria for harvest and re-use, infiltration and evapotranspiration
will be determined by reports that will be generated by Bay Area municipalities. These
reports will be subject to approval by the California Regional Water Quality Control Boards
and the state regulatory agency that issued the NPDES Permit.
Preliminary feasibility and design guidance regarding these new requirements will be
presented in the Stormwater C.3 Guidebook - 5th Edition, which will be released during
summer 2010, and will be available at www.cccleanwater.org.
This vesting tentative map application was deemed complete on or before December 1, 2009;
therefore, in order for the rules of the old NPDES permit to continue to apply to this project,
the Applicant must continue to diligently pursue the project. Diligent pursuit may be
demonstrated by submitting supplemental information, materials, plans or other documents
that are required for the County to continue processing this application. Additional materials
must be (or have been) submitted to the County between December 1, 2009 and December 1,
2011 in order for this project to be “grandfathered” under the rules of the old NPDES
Permit. If the Applicant fails to demonstrate that approval of this project is being diligently
pursued, then the provisions of the new NPDES Permit shall apply.
G:\Current Planning\curr-plan\Staff Reports\DP053073 FindCOA (BOS rev1).doc
6/6/11
rlh