HomeMy WebLinkAboutMINUTES - 06042013 - D.2RECOMMENDATION(S):
A. OPEN the continued public hearing and take testimony on the project.
B. CLOSE the public hearing.
C. FIND the Mitigated Negative Declaration prepared for this project to be adequate for the purposes of compliance
with the California Environmental Quality Act (CEQA), and ADOPT the Mitigated Negative Declaration and the
Mitigation Monitoring Program (Refer to Attachment D – CEQA Determination).
D. ADOPT the recommendations of the County Planning Commission (CPC), as contained in Resolution No. 5-2013
(Refer to Attachment A).
E. ADOPT General Plan Amendment (County File #GP08-0002) to redesignate the project site from Agricultural
Lands (AL) to the following: Single Family Residential-High Density (SH), Single Family Residential – Medium
Density (SM), Open Space (OS) and Parks and Recreation (PR), including the change to the Land Use Element Map
as recommended in CPC Resolution No. 5-2013 and as illustrated on Attachment H, Exhibit 2 – Proposed General
Plan Map, as the first Consolidated General Plan Amendment for calendar year 2013 as permitted by state law.
F. ADOPT Rezoning (County File # RZ09-3214) from Heavy Agricultural District (A-3) to Planned Unit District
(P-1) for a residential development and open space as recommended in CPC Resolution No. 5-2013 and illustrated
on Attachment H, Exhibit 3 – Proposed Rezoning Map, and APPROVE Preliminary and Final Development Plan as
illustrated
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/04/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Oborne/674-7793
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 4, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.2
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 4, 2013
Contra
Costa
County
Subject:Newport Pointe Residential Subdivision / County File SD09-9278, GP08-0002,RZ09-3214,DP09-3029
RECOMMENDATION(S): (CONT'D)
on Attachment H, Plate 1, with Conditions of Approval as shown in Attachment C – Conditions of Approval.
G. ADOPT Ordinance No. 2013-06 giving effect to the aforementioned Rezoning (Attachment B – Rezoning
Ordinance Map 2013-06).
H. ADOPT the findings as contained in the proposed Board Resolution No. 2013/195 as the basis for the Board’s
action, which is on the following pages.
I. DIRECT the Department of Conservation & Development, Community Development Division to post the
Notice of Determination.
FISCAL IMPACT:
None. The Applicant is responsible for all costs to process this application.
BACKGROUND:
Proposed Project
The proposed project is located in the Discovery Bay area of East Contra Costa County (Attachment H, Exhibit 1 -
Vicinity Map). The project proposes to subdivide the vacant 20-acre project site into 67-single family residential
lots (average lot size 6,924 sq. ft.) in addition to approximately six acres of open space/wetlands and a dog park
(Refer to Attachment H, Plate 1, Proposed Vesting Tentative Map - Revised 5/16/2013).
Access to the proposed development will be from the east side of Newport Drive at the northeast corner of the
site. A relatively short bridge will be constructed to span the existing roadside ditch that runs along the east side of
the project site. The project will also require approvals by the Contra Costa Local Agency Formation Commission
(LAFCO) including amendment to the Sphere of Influence of the Town of Discovery Bay Community Services
District (TODBCSD), and annexation of the project site to TODBCSD for water and wastewater services.
To accomplish this, the project applicant requests approval of a General Plan Amendment (Refer to Attachment H,
Exhibit 2 – Proposed General Plan Map) to change the General Plan designation for the property from
Agricultural Lands (AL) to the following: Single-Family Residential High Density (SH) (5.0-7.2 Units Per Net
Acre), Single-Family Residential Medium Density (SM) (3.0 – 4.9 Units Per Net Acre), Open Space (OS) and
Parks and Recreation (PR). The project also proposes to rezone the property from A-3, Heavy Agriculture to P-1,
Planned Unit Development (Refer to Attachment H, Exhibit 3 – Proposed Zoning Map). In conjunction with the
P-1 zoning the applicant proposes a Preliminary and Final Development Plan that includes the construction of 67
single family homes, mostly one story (Refer Attachment H, Proposed Homes), streets with landscaping and
sidewalks, a dog park, and approximately 6 acres of open space/ wetlands.
Planning Commission Hearing February 26, 2013
The County Planning Commission held a public hearing to consider the proposed project on February 26, 2013.
After evaluating the project in its entirety, including all public testimony and evidence in the record, the
Commission unanimously voted ( Commissioner Sloan absent) to approve the subdivision and to recommend the
Board of Supervisors approve the General Plan Amendment, Rezoning and Preliminary and Final Development
Plan.
Town of Discovery Bay Community Services District (TODBCSD)
The TODBCSD submitted an email the day of the Planning Commission hearing (Attachment F- Pertinent
Correspondence) that, in response to the environmental document, requested staff to consider adding two
conditions of approval regarding traffic calming devices along Newport Drive and identifying a suitable water
well location on the project site to serve Discovery Bay West. These issues had been previously dealt with in the
environmental document and there was found to be no nexus for the request.
Planning Commission's comment regarding front setbacks:
During the public hearing one of the commissioners expressed concern about the front setbacks to the proposed
lots. In his neighborhood (located in Discovery Bay) the driveways were not deep enough to accommodate larger
cars and he wanted to make sure that this project did not cause the same problem (staff checked the setback
requirements in his neighborhood and they were approved at 17 ½ feet). He requested that staff confirm with the
applicant that all the proposed lots had a minimum front setback of 20 feet.
Staff response:
Staff confirmed with the applicant that all the lots had a minimum 20 foot setback from back of sidewalk or back
of curb to the garage door, so that in all cases there is a minimum of 20 feet of driveway.
General Plan & Zoning Consistency:
Under the General Plan and the 65/35 Land Use Preservation Plan Ordinance, this 20-acre site located on the
inside of the Urban Limit Line is eligible for potential conversion from the AL designation, or non-urban use, to
General Plan urban use designations. As such, the evaluation of this General Plan Amendment focuses on the
following General Plan policies considerations: (1) 65/35 Land Preservation Standard; (2) Potential Loss of Prime
or Productive Agricultural Lands; and (3) Growth Management Standards.
(1) Maintain the 65/35 Land Preservation Plan Standard (Measure C-1990)
General Plan Policy Consideration: General Plan policy #3-p, Land Use Element - “Maintain the 65/35 Land
Preservation Standard and devise a means of tracking urban and non-urban development and uses in the cities
and unincorporated areas.”
The re-designation of the 20-acre site from the AL land use designation to the combination of Single-Family
Residential High Density (SH), Single-Family Residential Medium Density (SM), Open Space (OS), and Parks
and Recreation (PR) use designations under the General Plan would not result in a violation of the 65/35 Land
Preservation Standard. Approximately 13 acres of the 20 acre-site would be converted from non-urban use
(Agricultural Lands) to urban use designations, 11.7 acres to SH and 1. 2 acres to SM, respectively. According to
the Department of Conservation and Development’s Geographic Information Systems (GIS) –based land use
development tracking system, over 8,000 acres of land area countywide under non-urban use designations within
the ULL that would be eligible for conversion to urban use designations without causing the County to exceed
urban uses beyond 35% of land area countywide as mandated under Measure-1990: The 65/35 Contra Costa
County Land Preservation Plan Ordinance. As proposed, the General Plan Amendment involving a shift of 13
acres from non-urban use to urban use would be very minor and would not cause a violation of 65/35 Land
Preservation Plan Ordinance Standard.
Potential Loss of Prime or Productive Agricultural Lands
General Plan Policy Considerations:
General Plan policy #3-11, Land Use Element: “Urban uses shall be expanded only within the Urban Limit Line
where conflicts with the agricultural economy will be minimal”
General Plan policy #3-14, Land Use Element: “Protect prime productive agricultural land from inappropriate
subdivisions”
Although designated Agricultural Lands (AL) and zoned under the A-3, Heavy Agricultural District, there has not
been extensive cultivation or active agricultural use on the subject property for quite a number of years. The soil
on the project site is not otherwise conducive to extensive agriculture use.
At best, the site’s soils would be suitable for dryland farming or cattle grazing; however, because of its size and
adjacency to existing residential development within Discovery Bay such agricultural uses would be expected to
be limited in scope and scale.
Based on the foregoing, the proposed General Plan Amendment would not result in a loss of prime productive
agricultural land.
Growth Management Standards Consideration
General Plan Policy Considerations:
General Plan Policy #3-5, Land Use Element: “New development within unincorporated areas of the County may
be approved, provided growth management standards and criteria are met or can be assured of being met prior to
the issuance of building permits in accordance with growth management.”
General Plan Policy #4-1, Growth Management Program Element: “ New development shall not be approved in
unincorporated areas unless the applicant can provide the infrastructure which meets the traffic level of service
and performance standards outlined in Policy 4-3, or a funding mechanism has been established which will
provide the infrastructure to meet the standards or as is stated in other portions of this Growth Management
Element”.
Traffic Level of Service
As more fully described in the Transportation/Traffic section to the Initial Study/Mitigated Negative Declaration
(MND) ( Attachment D, MND), the project would not exceed the County’s traffic level of service standards in the
General Plan (standards as detailed in the Growth Management Element and Transportation/Circulation Element).
Other Growth Management Standards
In regard to the other Growth Management standards, the project’s impact on public services was evaluated in the
Initial Study/MND. As noted in the MND, the project would lead to the construction of 67 single family residence
with a projected population increase of 174 people within the Discovery Bay community. This increase of 174
additional residents would have a minor impact on the public services. The analysis in the MND provides
sufficient information to determine that the project as proposed can meet the public services performance
standards contained in both the Growth Management and Public Facilities/Service elements to the General Plan.
The public entities, which are expected to serve the key public services to the project site, include:
Water – Town of Discovery Bay Community Services District (after annexation)
Sewer – Town of Discovery Bay Community Services District (after annexation)
Schools – Byron Union School District and Liberty Union School District
Regional Recreation – East Bay Regional Park District
Local Parks – Town of Discovery Bay Community Services District
Fire – East Contra Costa Fire Protection District
Police – Contra Costa Sheriff’s Department
Continued Board of Supervisor Hearing on May 7, 2013
This item was originally scheduled at the Board of Supervisors for May 7, 2013, but was continued to June 4,
2013 to allow for completion of staff work related to project design and implementation.
Subsequent Meeting with Applicant
In the interim staff met with the applicant to clarify certain aspects of the project having to do with the proposed
dog park, access to the dog park and the proposed solar field array.
Configuration of the Dog Park / Access / Solar Field Array
As a result of meeting with staff the applicant submitted a revised Tentative Map (dated 5/16/13 – Attachment
H-Plate 1) that eliminated the solar field array because, at this time, the technology is not in place to serve the
proposed subdivision, and enlarged the Dog Park to 1.5 acres.
Dog Park Access
One of the concerns was access to the proposed dog park. The dog park is located on the western side of the
project site and is envisioned to be opened to the public. The only access to the dog park is over private streets
located in the project. This could become a problem in the future should the Home Owners Association (HOA) for
the project decide to close the road or gate off the project entrance. To address this potential problem the applicant
worked with Public Works to make street “A” a public street. This would allow public access from Newport Drive
to the dog park over a public road rather that private. The Public Works Department added a condition of approval
(COA #59A) which would allow for “A” street to become public.
Subsequent Town of Discovery Bay Community Services District meeting on May 16, 2013
On May 16, 2013 the Town of Discovery Bay Community Services District (TODBCSD) had a meeting where
they considered 2 options that were suggested by staff (Attachment F- Pertinent Correspondence). Option 1
proposed dedication of the Dog Park to the TODBCSD and if they did not accept dedication, the proposed Dog
Park land reverted to Open Space, which then would be owned and maintained by the Home Owners Association
which would be formed as part of the project. Option 2 proposed that the applicant, who would pay $394,697 in
Park Impact Fees, design and build the Dog Park and be credited back those costs from the Park Impact Fees.
After consideration the TODBCSD preferred a third option; that the developer construct a dog park at their
expense in addition to paying Park Impact Fees.
Staff Response
This last option is not consistent with state law (Government Code Section 66477(a)(9)). The law states that if the
developer provides the park and recreational improvements to the dedicated land, the value of the improvements
shall be credited against the payment of fees.
Staff Recommendation Regarding Dog Park
Staff recommends that the applicant dedicate Parcel D, the Dog Park, to the TODBCSD and use a portion of the
Park Impact Fees that they are required to pay to design and construct the dog park and be credited back for the
improvements. If the TODBCSD accepts the land, and the Dog Park, they are responsible for the maintenance of
the Dog Park and parking area. In this scenario “A” street would become a public street.
If the TODBCSD does not accept the land for the Dog Park, the Park Dedication fees would be available for other
park capital improvements in Discovery Bay subject to the review and approval of the Board of Supervisors.
Parcel D would remain Parks and Recreation (PR) where the Home Owners Association that is formed for this
project would own and maintain it and the uses thereon are envisioned to be low intensity recreational uses such
as a bocci court, community garden, picnic area or sand volley ball court for the residents of Newport Pointe only.
All proposed uses would be required to be administratively reviewed and approved by the Zoning Administrator
to ensure compatibility with residential uses. Other, more active recreational uses (e.g. community pool) may be
approved by the Zoning Administrator following a public hearing. This provision shall be outlined in the CC &
R’s. In this scenario “A” street would remain as a private roadway.
Attachment A – Planning Commission Resolution 5-2013
Attachment B – Findings Map / Rezoning Ordinance 2013-6
Attachment C – Conditions of Approval
Attachment D – CEQA Determination / Initial Study / Mitigated Negative Declaration
Attachment E – 2/26/13 Staff Report to Planning Commission
Attachment F – Pertinent Correspondence
Attachment G – Notification List
Attachment H – Maps and Plans
Exhibit 1- Vicinity Map
Exhibit 2- General Plan Map
Exhibit 3- Zoning Map
Plate 1- Tentative Map / Development Plan
House Elevations
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the General Plan Amendment, Rezoning and Development Plan the applicant
cannot subdivide the land into 67 residential lots.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
Speakers: Kevin Van Buskirk, SMW Local 104; Aram Hodess, Plumbers & Steamfitters Local 159; Tom
Hansen, IBEW Local 502;
FOUND the Mitigated Negative Declaration prepared for this project to be adequate for the purposes of
compliance with the California Environmental Quality Act (CEQA), and ADOPTED the Mitigated Negative
Declaration and the Mitigation Monitoring Program (Refer to Attachment D – CEQA Determination);
ADOPTED the recommendations of the County Planning Commission (CPC), as contained in Resolution No.
5-2013; ADOPTED General Plan as the first Consolidated General Plan Amendment for calendar year 2013;
ADOPTED Rezoning from Heavy Agricultural District (A-3) to Planned Unit District (P-1) for a residential
development and open space as recommended in CPC Resolution No. 5-2013 and APPROVED Preliminary
and Final Development as amended today: Parcel D shall not be a dog park as shown on Revised Tentative
Map dated May 16.2013. Parcel D shall remain Parks and Recreation and shall be owned, developed and
maintained by the Homeowners Association that will be formed as part of this project. The uses thereon are
envisioned to be low intensity recreational uses for the residents of Newport Pointe only; Eliminate Condition
of Approval No. 59 A ; “A” street and all streets in the Newport Pointe development shall be private.
ADOPTED Ordinance No. 2013-06 giving effect to the aforementioned Rezoning ; ADOPTED the findings as
contained in the proposed Board Resolution No. 2013/195 as the basis for the Board’s action; and DIRECTED
the Department of Conservation & Development, Community Development Division to post the Notice of
Determination.
ATTACHMENTS
Resolution No. 2013/195
Attachment A - Planning Commission Resolution 5-2013
Attachment B - Findings Map / Rezoning Ordinance 2013-6
Attachment C- Conditions of Approval
Attachment D - CEQA Determination
Attachment E - 2/26/13 Staff Report to Planning Commission
Attachment F - Pertinent Correspondence
Attachment G - Notification List
Attachment H - Maps and Plans
Attachment I - Board Power Point Presentation 6-4-13
CONDITIONS OF APPROVAL COUNTY FILE #’S SD09-9278 & DP09-3029
Administrative
1. ____ ____ This approval is based on the exhibits/reports received by the Department of
Conservation and Development, Community Development Division (CDD)
listed as follows:
A. Tentative Map and Development Plan, Sheet T 01 & 02 and DP 01 &
02, dated Received by the Community Development Department on
June 30, 2010, and modified by Revised Tentative Map, dated May 16,
2013.
B. Preliminary Geologic and Geotechnical Report Subdivision 09-9278,
Discovery Bay, CA, dated March 8, 2010, by Cal Engineering &
Geology.
C. Supplemental Geologic and Geotechnical Report Subdivision 09-9278,
Discovery Bay, CA, dated July 29, 2010, by Cal Engineering & Geology
D. Biological Resource Analysis Newport Pointe Bixler Road, Discovery
Bay, dated August 30, 2010, by Monk & Associates, Inc.
F. Traffic Impact Study, Newport Pointe, Discovery Bay, dated September
23, 2010, by Abrams Associates.
G. Traffic Impact Study Appendix. Newport Pointe, Discovery Bay, dated
September 2010, by Abrams Associates.
H. Preliminary Landscape Plan, sheet L1, dated February 25, 2010, by
Thomas Baak & Associates, LLP
I. Confirmed Wetland Delineation, Discovery Bay Project Site, by Monk
& Associates
J. Architectural Renderings, Plan 1, 2, & 3, dated March 18, 2009, by
OAG
K. The Recirculated Mitigated Negative Declaration for the project dated
December 17, 2012.
2. ___ ____ This subdivision is approved contingent upon the following Board of
Supervisors actions;
A. Approval of the proposed General Plan amendment, County File #GP08-
0002
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B. Approval of the rezoning application , County File # RZ09-3214
C. Approval of the Preliminary / Final Development Plan , County File
DP09-3029
3. ____ ____ This approval allows for a maximum of 67 residential lots in phases.
4. ____ ____ 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 60 days of the permit effective date
or prior to use of the permit whichever occurs first. The fees include costs
through permit issuance plus five working days for file preparation. You
may obtain current costs by contacting the project planner. If you owe
additional fees, a bill will be sent to you shortly after permit issuance. The
term “applicant” throughout these conditions also means developer.
Development Standards
5. ____ ____ A. Except as modified by the Application Exhibits or by the conditions
herein, the guide for development shall be the Single Family Residential
(R-6) District, and subject to the Department of Conservation and
Development, Community Development Division (CDD) review and
approval at least thirty (30) days prior to the issuance of building permits.
B. At least 30 days prior to the issuance of building permits for the
residences, the applicant shall submit revised elevations for review and
approval of the CDD.
C. At least 60 days prior to filing the Final Map, a site plan shall be
submitted for review and approval of the CDD showing typical
elevations, driveways, fencing plans, landscaping and street tree locations
based on the exhibits submitted with this application. Included in the plan
there shall be a detailed plan specifying the pattern of phasing, including
common area improvements.
Indemnification
6. ____ ____ Pursuant to Government Code Section 66474.9, the applicant (including
the subdivider or any agent thereof) shall defend, indemnify, and hold
harmless the County, agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents,
officers, or employees to attack, set aside, void, of annul, the Agency’s
approval concerning this subdivision map application, which action is
brought within the time period provided in Section 66499.37. The County
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will promptly notify the subdivider of any such claim, action, or
proceeding and cooperate fully in the defense.
Compliance Report
7. ____ ____ At least 45 days prior to filing a final map or issuance of grading permit,
which ever occurs first, the applicant shall submit a report on compliance
with the conditions of approval with this permit for the review and
approval of the CDD. The fee for this application is a deposit of $1,000
that is subject to time and materials costs. Should staff costs exceed the
deposit, additional fees will be required.
A. Except for those conditions administered by the Public Works
Department, the report shall list each condition followed by a
description of what the applicant has provided as evidence of
compliance with that condition. (A copy of the computer file
containing the conditions of approval may be available; to try to obtain
a copy, contact the project planner at 674-7793.)
B. Unless otherwise indicated, the applicant will be required to
demonstrate compliance with the conditions of this report prior to
filing the final map.
Child Care
8. ____ ____ At issuance of building permit the developer shall pay a fee of $400.00 per lot
upon which a residence is being built for childcare facility needs in the area as
established by the Board of Supervisors.
Police Services
9. ____ ____ The owner of the property shall participate in the provision of funding to
maintain and augment police services by voting to approve a special tax for
the parcels created by this subdivision approval. The tax shall be the per
parcel annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of Supervisors. The election to
provide for the tax shall be completed prior to filing the Final Map. The
property owner shall be responsible for paying the cost of holding the
election, payable at the time the election is requested by the owner. Allow a
minimum of three to four months for processing.
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Police Service District
10. ____ ______ The applicant shall provide evidence to CDD that the Police Service District is
formed prior to filing of Final Map
Homeowners Association
11. ____ ____ A homeowners association shall be formed for the ownership and
maintenance of all common areas including private streets, common
landscaping, and parcels A, B, C and D. The maintenance of the dog park,
open space, lighting and landscaping may be the responsibility of the Town of
Discovery Bay Community Services District (TDBCSD) if the applicant
enters into an agreement with the TDBCSD as shown in Mitigation Measure
AES-1 (c) below.
CC&R’s
12. ____ ____ The covenants, conditions and restrictions (“CC&Rs”) for development shall
be submitted for the review and approval of the CDD at least 60 days prior to
filing the Final Map. This document shall provide for the ownership and
maintenance of private roads, parcels A, B & C, street lights, landscaping and
dog park. Also the CC&R’s shall establish standards for fencing and storage
of recreational vehicles.
13. ____ ____ The CC&R’s document shall include drainage improvement maintenance
plan, landscape maintenance plan and a fencing plan program.
14. ____ ____ The CC&R’s shall reference the geotechnical reports for this project with the
recommendations.
15. ____ ____ Prior to filing the final map the applicant shall submit to the CDD for review
and approval a deed disclosure for each of the lots. The purpose of the deed
disclosure is to inform the property owner that there is a homeowners
association for the development and there are CC&R’s for this development.
Aesthetics
16. ____ ____ The applicant shall prepare a plan that includes the entry way to the
development, fencing, open space, dog park (if applicable), lighting and
landscaping for the review and approval of the CDD at least 60 days prior to
recordation of the Final Map. The open space and dog park plan shall identify
maintenance measures. The approved fencing and landscaping shall be
installed prior to first occupancy permits. The lighting and landscaping plan
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shall reduce lighting impacts. Exterior lighting shall be low mounted,
downward casting and shielded, utilize motion detection systems where
applicable and not “wash out” onto adjacent properties. Generally, fixtures
shall not be located at the periphery of the property. They shall not be flood
lights. To implement the plan, the project shall:
a) annex to the Community Facility District (CFD) 2010-1 formed for
County Wide Street Light Financing.
b) the Homeowners Association (HOA) to cover long term costs of
lighting, landscaping, open space and dog park, or
c) enter into an agreement with the Town of Discovery Bay
Community Services District to maintain dog park, open space,
lighting and landscaping.
d) identify entity that will construct, own and maintain the solar field
array (Mitigation Measure AES-1)
Open Space, Access, Dog Park
e) Gated Community
The Newport Pointe development shall not be a gated community. A gate at the entrance of the
Newport Pointe development is prohibited. This shall be included in the covenants, conditions
and restrictions (“CC & Rs”) for the development.
f) Parcel D, Proposed Dog Park and Associated Parking
Parcel D, the dog park, shall be open to the public. The developer shall make an offer of
dedication for Parcel D to the Town of Discovery Bay Community Services District
(TODBCSD). At least 90 days prior to filing the Final Map a decision shall be made on the
ownership and maintenance entity of the dog park and associated parking. If the TODBCSD
determines that they do not wish to accept the offer of dedication then Parcel D remains Parks
and Recreation (PR) and is owned, developed and maintained by the Home Owners Association
that will be formed as part of this development, and the uses thereon are envisioned to be low
intensity recreational uses for the residents of Newport Pointe only, and include such activities as
a bocci court, community garden and picnic area. All the proposed uses would be subject to the
administrative review and approval of the County Zoning Administrator to ensure compatibility
with residential uses. Other, more active uses (e.g. community swimming pool) may be approved
by the Zoning Administrator following a public hearing. This provision will be included in the
CC & R’s.
g) Access to Parcel D, the Dog Park
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Page 6
In the event that Parcel D is accepted by the TODBCSD “A” street becomes a public street
subject to the requirements of the Public Works Department (Also see Condition of Approval
Number 59 A. If the TODBCSD does not accept Parcel D, “A” street remains private.
h) Solar Field Array
The area designated Solar Field Array on the Preliminary and Final Development Plan shall be
eliminated.
e)i) The applicant shall pay $5891 per residential unit upon issuance of building permits for
Park Impact Fees ( County Ordinance Number 2007-17).
Air Quality
Control Measures for Construction Emissions
17. ____ ____ Consistent with guidance from the BAAQMD, the following actions shall be
required of construction contracts and specifications for the project site.
• All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two times
per day. During dry and windy conditions all exposed surfaces shall
be watered four times per day.
• All haul trucks transporting soil, sand, or other loose material off-site
shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon as
possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to 5 minutes
(as required by the California airborne toxics control measure Title
13, Section 2485 of California Code of Regulations [CCR]). Clear
signage shall be provided for construction workers at all access
points.
• All construction equipment shall be maintained and properly tuned
in accordance with manufacturer’s specifications. All equipment
shall be checked by a certified mechanic and determined to be
Formatted: Indent: Left: 0.25"
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Page 7
running in proper condition prior to operation.( Mitigation Measure
AIR-1)
18. ____ ____ In addition to the above measures the following measures to reduce dust shall
be incorporated into the project:
Limit traffic speeds on any 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.
Install wheel washers for all exiting trucks, or wash off the tires or
tracks of all trucks and equipment leaving the site.
Biology
San Joaquin spearscape
19. ____ ____ In order to offset the project’s impact on San Joaquin spearscale the applicant
shall implement one of the following measures:
1. Preserve San Joaquin spearscale habitat to compensate for spearscale
habitat loss at a 1:1 or greater ratio. Approximately 3 acres of occupied
San Joaquin spearscale habitat will be preserved within the proposed 4.85
acre on-site mitigation preserve. Seeds will be collected from the
spearscale plants that will be impacted and redistributed to
exposed/disturbed soils within the onsite mitigation preserve to avoid a net
loss of this population.
2. With permission from the CDFG and Contra Costa County, and in
agreement with the Conservancy, the project proponent shall make a
financial contribution to the Conservancy that will be used by the
Conservancy to permanently protect San Joaquin spearscale habitat. (
Mitigation Measure BIO-1)
Special-status plants (other than San Joaquin spearscape)
20.____ ____ One season of focused special-status plant surveys will be conducted on the
site. These surveys will be conducted according to CNPS (2001), CDFG
(2009), and USFWS (1996) protocols during the appropriate blooming periods
of the target species to determine the presence of special-status plants for
which suitable habitat occurs on the site. A report shall be prepared according
to CNPS and CDFG standards for reporting the results of rare plant surveys
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and minimally shall include a list of all plants observed on the site, the name
of the surveyors, the dates of the surveys, the target species for the surveys,
reference sites visited, and a description of habitats onsite.
If special-status plant species are found, the project sponsor shall prepare a
mitigation plan that describes the avoidance or compensatory mitigation
measures that will be implemented for these populations. Mitigation for
impacts to special-status species shall first include avoidance measures when
feasible and compensatory mitigation when avoidance is not possible.
Compensatory mitigation shall include collecting the seeds of the impacted
species and redistributing them to the onsite preserved mitigation area. If the
special-status plants that are found are state or federally listed species
protected pursuant to the California and/or Federal Endangered Species Acts,
appropriate incidental take permits shall be required from the California
Department of Fish and Game and/or U.S. Fish and Wildlife Service
depending on which agency has jurisdiction over the species being impacted.
The County shall be provided copies of any incidental take permits and any
conditions of those permits shall become a condition of project approval
(Mitigation Measure Bio-2)
Vernal Pool Fairy Shrimp
21. ____ ____ In order to offset the project’s impact on Vernal pool fairy shrimp the
applicant shall implement one of the following measures:
1. Purchase credits in an existing fairy shrimp mitigation bank at a ratio
determined during negotiations with USFWS during Section 7
Consultation between the Corps and the USFWS.
2. Acquire suitable mitigation property via fee title at a ratio determined
during negations with USFWS during Section 7 Consultation between the
Corps and the USFWS. This property would have to be protected in
perpetuity via recordation of a conservation easement, through transfer of
title to a qualified conservation organization or some other mechanism
deemed appropriate by the County. The property must be managed to
inure to the benefit of vernal pool fairy shrimp.
3. With permission from state and federal regulatory agencies and in
agreement with the Conservancy, the project proponent shall make a
financial contribution to the Conservancy to offset the project’s impact to
the fairy shrimp. The financial contribution to the Conservancy or the
amount of mitigation land that shall be purchased via fee title shall be
determined during negotiations with the USFWS during Section 7
consultation between the Corps and the USFWS (BIO-3).
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The use of any of these options will require USFWS approval which will be
determined through the Section 7 consultation process between the Corps and
the Service.
Prior to grading, if authorized by the USFWS, the top four inches of soil
from any suitable fairy shrimp pool which will be filled and is occupied by
fairy shrimp, will be removed and spread in the bottom of seasonal wetland
created in the on-site mitigation area.
Prior to the removal of occupied fairy shrimp habitat, documentation of the
authorized method of mitigation will be provided to the Contra Costa County
Department of Conservation and Development. This will include a copy of
the project’s Biological Opinion from the USFWS and any
agreement/contract from a mitigation bank, HCP/NCCP or privately acquired
mitigation parcel. (Mitigation Measure Bio-3)
Swainson’s Hawk Foraging Habitat
22. ____ ____ In order to avoid direct take of Swainson’s hawks, if there are any large trees
on or near the project site (within ¼- mile radius), a qualified biologist will
conduct pre-construction nesting surveys for this species. If an active nest is
identified within ¼ mile of the project site, nesting season avoidance measures
will be implemented in consultation with CDFG.
In order to offset the project’s impact on Swainson’s Hawk Foraging Habitat the applicant shall
implement one of the following measures:
1. Dedicate and preserve 9.8 acres (this is a 1:¾ impact to mitigation ratio),
or as approved by the CDFG, to a conservation organization. An operating
endowment shall be provided to the conservation organization to manage
any preserved lands in perpetuity.
2. With permission from state and federal regulatory agencies and in
agreement with the Conservancy, the applicant may make a financial
contribution to the Conservancy, commensurate with approximately 9.8
acres of Swainson’s hawk foraging habitat (Mitigation Measure BIO-4)
Borrowing Owl Breeding Habitat
23. ____ ____ A preconstruction survey to determine if burrowing owls are present on or
within 250 feet of proposed development shall be conducted by a qualified
biologist no more than 30 days prior to the initiation of any construction-
related activities. If burrowing owls are observed on or near the construction
area during these surveys, the construction contractor shall implement an
exclusion zone (i.e., an area in which no project-related activities are allowed)
around the occupied burrow during the breeding season (February 1 to August
Page 10
31). The size of the exclusion zone shall be determined by a qualified
biologist in consultation with the California Department of Fish and Game
(CDFG). No project activity shall occur within the exclusion area until the
young have fledged. If necessary and as approved by CDFG, passive
relocation of owls, (i.e., the exclusion of owls from burrows through the
placement of one-way doors into burrow entrances) shall be implemented
during the non-breeding season (i.e., September 1 to January 31).
If an occupied burrow is detected, the project will permanently preserve 6.5
acres of burrowing owl habitat at an off-site location, as approved by CDFG.
With permission from the state and federal regulatory agencies and in
agreement with the Conservancy, the applicant may make a financial
contribution to the Conservancy to mitigate impacts to the burrowing owl
(Mitigation Measure Bio-5)
Birds
24. ____ ____ If clearing and grading activities are scheduled during the nesting
season(February 15 to August 15), a qualified biologist shall conduct a
preconstruction nest survey of all suitable nesting habitat on the project site.
The survey shall be conducted no more than 14 days prior to the start of work.
If the survey detects nesting birds, protective buffer zones shall be established
around the nests. The buffer zone shall be a 50-foot radius centered on the
nest. In some cases, this buffer zone may need to be increased, depending on
the bird species. Expansion of the buffer zone will be based on
recommendations of the project biologist. If any birds are identified nesting on
the site, site grading and other ground disturbance (such as vegetation
clearing) would be postponed until it is determined by a qualified biologist
that the young have fledged and have attained sufficient flight skills to leave
the project site. Unless otherwise prescribed for special status bird species,
upon completion of nesting no further protection or mitigation would be
warranted for nesting birds. (Mitigation Measure BIO-6)
Iodine bush scrub
25. ____ ____ Preserve 6.7 acres of iodine bush scrub to compensate for the loss of occupied
iodine bush habitat at a 1:1 ratio. Approximately 3 acres of iodine bush scrub
will be permanently preserved and recreated within the 4.85 acre on-site
mitigation preserve. Iodine bush and San Joaquin spearscale naturally co-exist
so there is no issue with mitigating both species within the onsite 4.85 acre
preserve. Seeds will also be collected from the on-site iodine bush scrub
stands that would be impacted by construction of the proposed project and
redistributed to exposed/disturbed soils within the onsite mitigation preserve
to avoid a net loss of this population.
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An additional 3.7 acres of Iodine bush habitat would be permanently
preserved at an off-site location. Alternatively, with permission from the
CDFG and Contra Costa County, and in agreement with the Conservancy, in
lieu of permanent off site preservation of this habitat, the project proponent
shall make a financial contribution to the Conservancy. The Conservancy
shall use this funding to permanently protect 3.7 acres of Iodine bush habitat
as necessary to offset the project’s impacts on iodine bush scrub habitat
(Mitigation Measure BIO-7)
Wetlands
26. ____ ____ Authorization from the Corps and the RWQCB shall be obtained prior to
filling any waters of the U.S. /State on the project site. Evidence of
authorization shall be provided to the County CDD prior to grading permits/
building permits which ever occurs first.
Create 1.0 acre of seasonal wetland habitat to compensate for wetland habitat
loss at a 2:1 ratio. Project plans currently propose the creation of 1.0 acre in
the onsite mitigation area. Mitigation wetlands will be created in areas of the
onsite mitigation area that do not support San Joaquin spearscale, thereby
avoiding additional impacts to this species.
The applicant will prepare a mitigation plan that provides the construction
details for the wetland creation mitigation project. The created mitigation
wetlands will be monitored for a minimum of five years or as otherwise
specified in permitting conditions imposed by the Corps and RWQCB
In lieu of the above wetland mitigation requirements, the applicant may
purchase wetland credits from a Corps and RWQCB approved wetland
mitigation bank. Proof that the Corps and RWQCB approved the credits and a
copy of the credit receipt shall be provided to Contra Costa County
(Mitigation Measure BIO-8)
Cultural
27. ___ ____ In the event of the accidental discovery or recognition of any human remains the
following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human remains until:
The coroner of the county in which the remains are discovered must be
contacted to determine that no investigation of the cause of death is
required, and
If the coroner determines the remains to be Native American:
• The coroner shall contact the Native American Heritage Commission
within 24 hours;
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• The Native American Heritage Commission shall identify the person
or persons it believes to be the most likely descended from the
deceased Native American;
• The most likely descendent may make recommendations to the
landowner or the person responsible for the excavation work for means
of treating or disposing of, with appropriate dignity, the human
remains and any associated grave goods as provided in Public
Resources Code Section 5097.98; or
2. Where the following conditions occur, the landowner or his authorized
representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location
not subject to further subsurface disturbance:
The Native American Heritage Commission is unable to identify a
most likely descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the
Commission;
The identified descendant fails to make a recommendation; or
The landowner or his authorized representative rejects the recommendation of the
descendant, and the mediation by the Native American Heritage Commission fails
to provide measures acceptable to the landowner.VI. (Mitigation Measure CUL-
1)
Geology
28. ____ ____ At least 30 days prior to recordation of the Final Subdivision Map or
installation of improvements, submit a geotechnical report meeting the
requirements of Subdivision Ordinance, Section 94-4.420 for review of the
County Peer Review Geologist, and review and approval of the CDD. The
report shall address the specific approach to development. This report shall
(A) provide specific criteria and standards for identifying suitable import fill
materials; (B) if import fills may be expansive or corrosive, provisions shall
be made for the testing of soils on rough-graded pads and providing design
measures to avoid/ control damage to foundations and buried utilities; (C)
provide criteria for placement of engineered fill; (D) provide further
evaluation of seismic settlement and other types of seismically-induced
ground failure by recognized methods appropriate to soil conditions
discovered during subsurface investigation; (E) provide detailed evaluation of
the compressibility of the alluvial soils and forecast the anticipated amount of
total settlement and timing of settlement; (F) provide any recommendations
needed pertaining to either delay of construction to allow settlement to occur
or placing a surcharge on the site to speed settlement; and (G) provide
California Building Code seismic parameters. The report shall also (H) outline
recommendations for geotechnical observation and testing services during site
preparation-, grading- and foundation-related work.
Page 13
Improvement, grading, and building plans shall carry out the
recommendations of the approved report.
When the grading, drainage and foundation-related work has been completed,
the geotechnical engineer shall submit a “Completion Report”, documenting
the observation and testing services provided during construction, and
providing an opinion on the compliance of the as-built project with the
geotechnical recommendations in the approved geotechnical report
(Mitigation Measure GEO-1)
Green House Gases
29. ____ ____ To reduce greenhouse gas emissions to a less-than-significant level, the
following measures shall be incorporated into the project design:
• The project developer shall install tankless water heaters in all residential
units.
• The residential units shall be designed with energy efficiencies at 10 percent
greater than those established in Title 24.( Mitigation Measure GHG-1)
Noise
Construction Noise
30. ____ ____ All noise generating 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:
Page 14
Federal holidays:
http://www.opm.gov/Operating_Status_Schedules/fedhol/2011.asp California
holidays: http://www.ftb.ca.gov/aboutFTB/holidays.shtml
To reduce daytime noise impacts due to construction to the maximum feasible
extent, the applicant shall be required to develop a site-specific noise reduction
program, subject to County review and approval, which includes the following
measures:
• Equipment and trucks used for project construction shall utilize the
best available noise control techniques (e.g., improved mufflers,
equipment redesign, use of intake silencers, ducts, engine
enclosures, and acoustically attenuating shields or shrouds,
wherever feasible).
• Impact tools (e.g., jack hammers, pavement breakers, and rock
drills) used for project construction shall be hydraulically or
electrically powered wherever possible to avoid noise associated
with compressed-air exhaust from pneumatically powered tools.
However, where use of pneumatic tools is unavoidable, an exhaust
muffler on the compressed-air exhaust shall be used; this muffler
can lower noise levels from the exhaust by up to about 10 dBA.
External jackets on the tools themselves shall be used where
feasible, which could achieve a reduction of 5 dBA. Quieter
procedures shall be used, such as drills rather than impact
equipment, whenever feasible.
• Stationary noise sources shall be located as far from sensitive
receptors as possible, and they shall be muffled and enclosed
within temporary sheds, or insulation barriers or other measures
shall be incorporated to the extent feasible.
At least one week prior to commencement of grading or construction activities for
each phase the applicant shall prepare a notice that grading or construction work
will commence. The notice shall be posted at the site and mailed to all the owners
and occupants of property within 300 feet of the exterior boundary of the project
site as shown on the latest equalized assessment roll. The notice shall include a
short description of the construction activity , a list of contact persons with name,
title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to indicate and implement corrective action
in their area of responsibility. The names of individuals responsible for noise and
litter control, construction traffic and vehicles, erosion control, and the 24-hour
emergency number, shall be expressly identified in the notice. The notice shall be
re-issued with each phase of the project and a copy shall be mailed to the Project
Planner at Contra Costa County Department of Conservation and Development.
(Mitigation Measure NOI-1)
Page 15
Construction Conditions
31. ____ ____ To ensure the quality of fill, to reduce the potential for damage to local
roadways (i.e., not state) along the haul route to this site, and to reduce
impacts to the neighborhood, the Applicant shall prepare a construction traffic
management plan which shall:
• Identify the source of fill;
• Include a report prepared by a qualified soils engineer guaranteeing
the quality of fill;
• Identify the haul route on a map of the area;
• Prepare a haul plan that describes roads used in the area;
• Provide for a complete pre-construction survey of the haul route;
• Limit construction access to and from the construction site to State
Route 4 and Bixler Road. There shall be no construction vehicles
allowed on Newport Drive.
• Detail measures that will avoid impacts on the neighborhood and
schools including, but not limited to: avoidance of school related
peak hour traffic, implementation of noise related measures
(conditions of approval), dust control
• avoidance of school related peak hour traffic;
• implementation of noise related measures (conditions of approval);
• implementation of dust control measures
• Post additional security to guarantee road maintenance and repairs
after material import and construction is completed;
• Limit timing of deliveries of fill to non-peak school hour and non-
peak traffic hours
• The applicant shall provide a pavement analysis for those roads
along the proposed haul route or any alternative route(s) that are
proposed to be utilized by the haul operation. This study shall any
analyze the existing pavement conditions (with pictures), and
determine what impact the hauling operation will have over the
life of the project. The applicant shall be responsible for the cost
of constructing the recommended repairs. Prior to filing of the
Final Map the applicant shall execute a bonded road improvement
agreement to assure the roadway repairs.
The plan shall be reviewed and commented on by the Public Works
Department and reviewed and approved by the CDD prior to issuance of a
grading permit. The Plan shall be submitted forty-five (45) days prior to
Page 16
issuance of a grading permit or the commencement of importing fill to the
site whichever occurs first.
32. ____ ____ The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and
shall locate stationary noise-generating equipment such as air compressors
concrete pumpers and power generators as far away from existing residences
as possible. Unnecessary idling of internal combustion engines shall be
prohibited.
33. ____ ____ At least one week prior to the commencement of any construction (e.g.
grading) on the site, the applicant shall submit to the CDD the name, title and
telephone number of a designated construction supervisor to serve as a noise
disturbance coordinator. The coordinator will be responsible for responding to
any inquiries/complaints regarding noise/ dust activity on the site. The name,
title, and telephone number of the coordinator shall be posted conspicuously at
the project site. The coordinator shall transmit to the Community
Development Department at four-week intervals, any records of any
complaints along with the disposition.
34. ____ ____ The Applicant shall not interfere with existing neighborhood traffic flows. An
on-site area in which to park earth-moving equipment and employee vehicles
shall be provided.
35. ____ ____ The worksite shall be maintained in an orderly fashion. Following the
cessation of construction activity, all construction debris shall be removed
from the site.
36. ____ ____ All chemicals and petroleum products stored on-site during construction shall
be within a bermed containment area or other appropriate facility. The
handling, storage and disposal of any hazardous materials used on the site will
be in accordance with a business plan (or equivalent) on file with the County
Health Services Department, Hazardous Materials Division. All refueling and
vehicle maintenance activity shall be located away from the irrigation canal at
the southeastern corner of the site.
37. ____ ____ All staging for the construction phase of the project must occur on the project
site. There is to be no construction parking on the adjacent streets.
Dog Park
38. ____ ____ Operating hours of the dog park are from 9 am to 6 pm Monday through
Saturday onlyfrom dusk until dawn and open seven days a week. (Mitigation
Measure NOI-2)
Page 17
Utilities
Wastewater
39. ____ ____ Prior to recording the final map, the applicant shall provide documentation to
the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of
the CDD that the TDBCSD has identified and secured sufficient funding for
the construction of any capacity or treatment improvements outlined in the
Wastewater MP and necessary so that serving the project does not exceed the
requirements of the RWQCB.
Prior to issuance of the first occupancy permit, the applicant shall provide
evidence to the County (including a letter from the TDBCSD) demonstrating
to the satisfaction of the CDD that capacity exists and that any source control
measures are being implemented consistent with the requirements of the
RWQCB. ( Mitigation Measure UTIL 1)
Water
40. ____ ____ Prior to final map recordation, the applicant shall provide documentation to
the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of
the CDD that the TDBCSD has identified and secured sufficient funding for
the construction of any required improvements outlined in the Water MP to
ensure sufficient capacity exists to serve the project.
Prior to issuance of the first occupancy permit, the Applicant shall provide
evidence to the County (e.g a letter from the TDBCSD) demonstrating to the
satisfaction of the CDD that capacity exists to serve the project. (Mitigation
Measure UTIL-2).
Street Names
41. ____ ____ At least 30 days prior to filing the Final Map, proposed street names (public
and private) shall be submitted for review by the Community Development
Department, Graphics Section (Phone #335-1270). Alternate street names
should be submitted. The Final Map cannot be certified by the Community
Development Department without the approved street names.
Residential Design
42. ____ ____ At least 30 days prior to the issuance of building permits the applicant shall
submit, for review and approval of the CDD.
Page 18
Inclusionary Housing
43. ____ ____ The applicant shall comply with the Inclusionary Housing Ordinance, Chapter
822-4 subject to the review and approval of the CDD.
Fire Protection
44. ____ ____ The Applicant shall ensure that the final development plans comply with the
requirements of the East Contra Costa County Fire Protection District
including provision for water supply and fire hydrants, as determined by
ECCFPD.
Power Lines
45. ____ ____ Where a lot/parcel is located within 300 feet of a high voltage electric
transmission line, the Applicant shall record the following as a deed
notification:
“The subject property is located near a high voltage electric transmission line.
Purchasers should be aware that there is ongoing research on possible
potential adverse health effects caused by the exposure to a magnetic field
generated by high voltage lines. Although much more research is needed
before the question of whether magnetic fields actually cause adverse health
effects can be resolved, the basis for such a hypothesis is established. At this
time no risk assessment has been made.”
When a Final Subdivision Report issued by the California Department of Real
Estate is required, the Applicant shall also request that the Department of Real
Estate insert the above notice in the report.
Construction and Demolition Debris
46. ____ ____ At least 30 days prior to the issuance of the building and/or Demolition
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 final inspection of
the first residential unit not including models, the developer shall submit a
completed “Debris Recovery Report” documenting actual debris recovery
efforts including the quantities of recovered and landfilled materials) that
resulted from the project.
Page 19
PUBLIC WORKS RECOMMENDED
CONDITIONS OF APPROVAL FOR PERMIT SD 09-9278
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 development plan/tentative map submitted to
Department of Conservation and Development, Community Development Division, on
June 30, 2010.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
FILING OF THE FINAL MAP.
General Requirements:
47. ____ _____ 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 Map received by the Department of
Conservation and Development, Community Development Division, on June
30, 2010.
48. ____ ____ Applicant shall submit improvement plans prepared by a registered civil
engineer to Public Works Department and pay appropriate fees in accordance
with the County Ordinance and these conditions of approval. The following
conditions of approval are subject to the review and approval of Public Works
Department:
Roadway Improvements (Frontage – Bixler Road & Newport Drive):
49. ____ ____ Applicant shall construct curb, minimum 5-foot sidewalk, necessary
longitudinal and transverse drainage, street lighting, and pavement widening
and transitions along the frontage of Bixler Road. Applicant shall construct
face of curb 22 feet from the road centerline.
50. ____ ____ Any cracked and displaced curb, gutter, and sidewalk shall be removed and
replaced along the project frontage of Newport Drive. Concrete shall be saw
cut prior to removal. Existing lines and grade shall be maintained. New curb
and gutter shall be doweled into existing improvements.
Page 20
51. ____ ____ Applicant shall construct a street-type connection with minimum 20-foot radii
curb returns in lieu of standard driveway depressions at Newport Drive.
52. ____ ____ Applicant shall locate any vehicular entrance gates a minimum 40 feet from
the edge of pavement to allow vehicles to queue without obstructing through
traffic. Sufficient area shall be provided outside any gate to allow a vehicle to
turn around and re-enter Bixler Road and/or Newport Drive Road in a forward
direction.
Access to Adjoining Property:
Proof of Access
53. ____ ____ Applicant shall furnish proof to Public Works Department 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
54. ____ ____ Applicant shall obtain an encroachment permit from the Application and
Permit 55. Center for construction of driveways or other improvements within
the right of way of Bixler Road and Newport Drive.
Site Access
55. ____ ____ Applicant shall restrict access along the Bixler Road and Newport Drive
frontages of this property, with the exception of the access points shown on
the applicant's development plan/tentative map, as specifically approved
under these conditions of approval.
Abutter’s Rights
56. ____ ____ Applicant shall relinquish abutter’s rights of access along Bixler Road and
Newport Drive with the exception of the proposed private road intersection at
Newport Drive.
Road Alignment/Intersection Design/Sight Distance:
Sight Distance
57. ____ ____ Provide sight distance at Newport Drive for a design speed of 35 miles per
hour. The applicant shall trim vegetation, as necessary, to provide sight
distance at this intersection, and any new signage, landscaping, fencing,
retaining walls, or other obstructions proposed at this intersection shall be
setback to ensure that the sight line is clear of any obstructions.
Page 21
58. ____ ____ Provide sight distance at Bixler Road for a design speed of 55 miles per hour.
The applicant shall trim vegetation, as necessary, to provide sight distance at
this intersection, and any new signage, landscaping, fencing, retaining walls,
or other obstructions proposed at this intersection shall be setback to ensure
that the sight line is clear of any obstructions.
B Circle and C Street Private Roads (on-site):
59. ____ ____ Applicant shall construct on-site roadway system to current County private
road standards with a minimum traveled width of 16 feet, with 2 feet shoulder
backing, within a 25-foot access easement subject to the review and approval
of Public Works Department and Fire District.
• Applicant shall provide pedestrian access (sidewalks) at minimum on at
least one side of the roadways.
A- Street (on-site)
59 A The applicant shall construct “A” Street (access off Newport Drive) to meet
County standards and/or as reviewed and approved by the Public Works Department. “A” Street
shall generally have the following:
• Cul-de-sac at the terminus with pedestrian access (sidewalks) on both sides of the
roadway (full cul-de-sac bulb)
• Pedestrian access (sidewalks) a minimum on a least one side
• Bridge shall meet Caltrans standards.
“A” Street shall remain as a private roadway until at least 90 days prior to improvement
plan/final map approval, a decision is made on the ownership and maintenance entity of the dog
park, i.e. Town of Discovery Bay Community Services District (TODBCSD) will own and
maintain the park. The County shall not accept “A” Street as a public roadway until the
TODBCSD accepts the dog park for ownership and maintenance.
Street Lights:
60.____ ____ Applicant shall annex to the Community Facilities District (CFD) 2010-1
formed for Countywide Street Light Financing.
Landscaping:
61. ____ ____ The applicant shall submit two sets of landscape and automatic irrigation
plans and cost estimates, prepared by a licensed landscape architect, to Public
Formatted: Indent: Left: 1.25"
Formatted: Font: Bold
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Indent at: 0.5"
Page 22
Works Department for review and to the CDD for review and approval, prior
to filing of the filing of the Final Map.
62. ____ ____ All landscaping to be maintained by the property owner (on individual lots)
shall be submitted to the CDD for review and approval.
Bicycle - Pedestrian Facilities:
Pedestrian Access
63.____ ____ 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 installed on all curb ramps. Adequate right of way shall be
dedicated at the curb returns to accommodate the returns and curb ramps.
64. ____ ____ 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.
Parking:
65. ____ ____ 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 shall be installed
along these portions of the roads subject to the review and approval of Public
Works Department.
Utilities/Undergrounding:
66. ____ ____ Applicant shall underground all new and existing utility distribution facilities,
including those along the frontage of Bixler Road. The developer shall
provide joint trench composite plans for the underground electrical, gas,
telephone, cable television and communication conduits and cables including
the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction
structures as a part of the Improvement Plan submittals for the project. The
composite drawings and/or utility improvement plans shall be signed by a
licensed civil engineer.
Construction:
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67. ____ ____ Applicant shall provide a pavement analysis for those roads along any
proposed haul route or any alternate route(s) that are proposed to be utilized
during hauling operations. This study shall analyze the existing pavement
conditions and determine what impact the hauling operation will have over the
life of the project. The study shall provide recommendations to mitigate
identified impacts. The applicant shall construct any recommended repairs and
execute a bonded road improvement agreement to ensure the roadways are
repaired adequately prior to filing of the Final Map.
Maintenance of Facilities:
68. ____ ____ Property owner shall record a Statement of Obligation in the form of a deed
notification, to inform all future property owners of their legal obligation to
maintain the private roadway, landscaping, and street lights. The County will
not accept these properties or facilities for ownership and/or maintenance.
Drainage Improvements:
Collect and Convey
69. ____ ____ The 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
70. ____ ____ 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 handle ultimate storm water runoff.
Miscellaneous Drainage Requirements:
The applicant shall design and construct all storm drainage facilities in compliance with the
Ordinance Code and Public Works Department design standards.
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71. ____ ____ Applicant shall prevent storm drainage from draining across the sidewalk(s)
and driveway(s) in a concentrated manner.
72. ____ ____ A private storm drain easement, conforming to the width specified in Section
914-14.004 of the County Ordinance Code, shall be dedicated over the
proposed storm drain line traversing the site.
73. ____ ____ Drainage Area 52 has inadequate maintenance funding. The construction of
this development should not result in added costs or reduction of revenue for
the County or Flood Control District. As one of the mitigation measures for
the adverse drainage impacts of this development, the applicant shall annex
into a County Maintenance Benefit Assessment District (MBAD) to provide a
perpetual funding source for maintenance of the regional drainage area
facilities. The County is in the process of forming this MBAD. If this MBAD
is formed prior to final approval of this development, then the applicant shall
annex into the MBAD.
National Pollutant Discharge Elimination System (NPDES):
74. ____ ____ 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).
75. ____ ____ Compliance shall include developing long-term best management practices
(BMPs) for the reduction or elimination of storm water pollutants. The project
design shall incorporate wherever feasible, the following long-term BMPs in
accordance with the Contra Costa Clean Water Program for the site's storm
water drainage:
- Minimize the amount of directly connected impervious surface area.
- 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.
- Place advisory warnings on all catch basins and storm drains using current
storm drain markers.
- Other alternatives comparable to the above as approved by Public Works
Department.
- Shallow roadside and on-site swales.
- Distribute public information items regarding the Clean Water Program
and lot specific IMPs to buyers.
- Shared trash bins shall be sealed to prevent leakage, OR, shall be located
within a covered enclosure.
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Stormwater Management and Discharge Control Ordinance
76. ____ ____ The applicant shall submit a final Storm Water Control Plan (SWCP) and a
Stormwater Control Operation and Maintenance Plan (O+M Plan) to the
Public Works Department, which shall be reviewed for compliance with the
County’s National Pollutant Discharge Elimination System (NPDES) Permit
and shall be deemed consistent with the County’s Stormwater Management
and Discharge Control Ordinance (§1014) prior to filing of the final map. To
the extent required by the NPDES Permit, the final Stormwater Control Plan
and the O+M Plan will be required to comply with NPDES Permit
requirements that have recently become effective that may not be reflected in
the preliminary SWCP and O+M Plan. All time and materials costs for review
and preparation of the SWCP and the O+M Plan shall be borne by the
applicant.
77. ____ ____ Improvement Plans shall be reviewed to verify consistency with the final
SWCP and compliance with Provision C.3 of the County’s NPDES Permit
and the County’s Stormwater Management and Discharge Control Ordinance
(§1014).
78. ____ ____ 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.
79. ____ ____ Prior to filing of the final map, the property owner(s) shall enter into a
standard Stormwater Management Facility Operation and Maintenance
Agreement with Contra Costa County, in which the property owner(s) shall
accept responsibility for and related to operation and maintenance of the
stormwater facilities, and grant access to relevant public agencies for
inspection of stormwater management facilities.
80. ____ ____ Prior to filing of the final map, the property owner(s) 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 operation and maintenance of
stormwater facilities by property owners.
81. ____ ____ 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.
Roadway Fees
82. ____ ____ The applicant shall pay regional roadway fees to the East County Regional
Area of Benefit (ECRAOB) updated fee program. In the event that the
ECRAOB update is not yet approved at the time of building permit issuance,
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the applicant shall pay its fair share of the projects with significant impacts
that are listed in the ECRAOB updated project list as listed below.
• State Route 4/Byron Highway (south): Add a northbound to westbound
left-turn lane from Byron Highway onto State Route 4 and widening State
Route4 to its ultimate configuration.
• Sellers Avenue at Balfour Road: Install a traffic signal and construct left
turn lanes at all four intersection approaches.
• Point of Timber Road at Byron Highway: Install a traffic signal.
• Marsh Creek Road at Sellers Avenue: Install a traffic signal.
• Camino Diablo at Vasco Road: Add a northbound right turn lane.
• Camino Diablo at Byron Highway: Install a traffic signal and provide left
turn pockets on all approaches.
83. ____ ____ The applicant shall pay its fair share toward the cost of the projects listed
below prior to issuance of building permits. These intersections have been
identified to have unacceptable traffic conditions with the developments in the
Discovery Bay area. The payment shall be deposited in the County Road Trust
Account (Fund No. 8192).
Byer Road at Byron Highway: Install a traffic signal and southbound left
turn lane.
Point of Timber Road at Bixler Road: Install a traffic signal and add left
turn lanes at all four intersection approaches.
Marsh Creek Road at Bixler Road: Install a traffic signal.
State Route 4 at Newport Drive: Install a traffic signal.
84. ____ ____ The applicant shall pay its fair share contribution to the Balfour Road
widening to provide a County standard roadway section with standard
shoulder widths between Sellers Avenue and Bixler Road.
85. ____ ____ Prior to issuance of any building permits, the applicant shall prepare a fee
study for all the above projects listed under conditions to be mitigated via a
“fair share” contribution to the County’s Road Trust Account (Fund No. 8192)
for review and approval by the Public Works Department. The study must
provide calculations to determine a fair share contribution amount in current
dollars based on the fair share percentage provided in the approved traffic
study.
ADVISORY NOTES
• The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the (STOP) Area of Benefit as adopted by the
Board of Supervisors.
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• The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the
Federal Flood Insurance Program and the County Flood Plain Management Ordinance
(Ordinance No. 2000-33) as they pertain to future construction of any structures on this
property.
• This project may be subject to the requirements of the Department of Fish and Game. It is
the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within this development that
may affect any fish and wildlife resources, per the Fish and Game Code.
• This project may be subject to the requirements of the Army Corps of Engineers. It is the
applicant's responsibility to notify the appropriate district of the Corps of Engineers to
determine if a permit is required, and if it can be obtained.
• 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.
• The applicant shall comply with Fire District Standards.
G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions\SD09-9278\SD09-9278_COAs.doc
CONTRA COSTA COUNTY
Department of Conservation and Development
County Planning Commission Hearing
Date: February 26, 2013
I. GENERAL INFORMATION
County File No. and Summary of Request:
County Files GP08-0002, RZ09-3214, SD09-9278, DP09-3029: Applicant requests
approval of a General Plan Amendment, Rezoning, Major Subdivision and a
Preliminary and Final Development Plan as follows:
A. General Plan Amendment #GP08-0002: Change the General Plan land use
designation from Agricultural Lands (AL) to the following: Single-Family
Residential- HighDensity (SH), Single-Family Residential - Medium Density (SM),
Open Space (OS) and Parks and Recreation (PR); and
B. Rezoning #RZ09-3214: Rezone the project site from Heavy Agricultural (A-3)
District to the Planned Unit Development (P-1) District; and
C. Subdivision #SD09-9278: Subdivide the project site into 67 single-family residential
lots and 5 other parcels for use as open space, community dog park, and an area
dedicated to solar field array, respectively; and
D. Preliminary & Final Development Plan #DP09-3029: On the 20-acre project site
develop 67 single-family residential lots with streets, sidewalks, landscaping,
approximately six acres of open space / wetlands, an approximately ¾-acre dog park,
and an area dedicated to a solar field array.
Project Address/Location:
The 20-acre project site is located east of Bixler Road and west of Newport Drive in
the Discovery Bay area.
Assessor Parcel Numbers: 011-220-013 & 014
Applicant: William F. Schrader
Owner: Disco Bay Partners LLC
Project Planner: [John Oborne], [674-7793], [john.oborne@dcd.cccounty.us]
Staff Report Agenda Item #
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II. STAFF RECOMMENDATION
A. Find that the Mitigated Negative Declaration was presented to the County Planning
Commission, and the Commission reviewed and considered the information
contained in the Mitigated Negative Declaration prior to making a decision on the
project; and
B. Find the Mitigated Negative Declaration reflects the County’s independent
judgment and analysis and was prepared consistent with the California
Environmental Quality Act (CEQA) and the State and County CEQA Guidelines
and designated the Department of Conservation and Development as the custodian
of the documents which constitute the record of the proceedings upon which the
decision is based; and
C. Find that on the basis of the whole record before it, determine that there is no
substantial evidence that the project will have a significant effect on the
environment after mitigations; and
D. Adopt a motion to recommend that the Board of Supervisors approve the following:
an amendment to the Land Use Element Map of the Contra Costa County General
Plan (2005-2020) to re-designate the site from Agricultural Lands to Single-Family
Residential-High Density (SH), Single Family Residential - Medium Density (SM),
Open Space (OS) and Parks and Recreation (PR); Rezone the site from Heavy
Agricultural (A-3) District to the Planned Unit Development (P-1) District, and
approve the Preliminary and Final Development Plan subject to the attached
conditions of approval and mitigation measures.
E. Approve the vesting tentative map subject to the attached conditions and mitigation
measures. The approval of the vesting tentative map is subject to the Board’s
approval of the General Plan Amendment and Rezoning.
F. Adopt the Mitigation Measures contained in the Mitigated Negative Declaration for
this project.
III. REGULATORY INFORMATION
General Plan Land Use Designation: Agricultural Lands (AL)
Zoning Designation: Heavy Agricultural (A-3)
California Environmental Quality Act (CEQA) Status: A draft Mitigated Negative
Declaration (MND) was sent out for public review on October 12, 2012 for a 30 day
comment period which ended on November 12, 2012. On December 19, 2012 the
County recirculated the draft MND for an additional 30 day public comment period
due to new biological impacts and mitigations that were identified on the site. The
end of the public comment period for the recirculated draft MND was January 18,
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Newport Pointe Residential Project
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2013. During the comment period the County received a number of letters which are
addressed later in this report in Section VIII (CEQA Review).
Origin of Parcel/Lot: APN’s 011-220-013 & 014 are Parcels “A” and “B” of Minor
Subdivision MS74-72 that was approved by the County in the early 1970’s.
Prior Applications: MS 74-72, 4 lot minor subdivision.
Flood Zone: AE, an area subject to inundation by the 1-percent-annual-chance flood
event as determined through mapping prepared by the Federal Emergency
Management Agency (FEMA)
IV. PROJECT DESCRIPTION:
The proposed project is located in the Discovery Bay area of East Contra Costa County
(Refer to Attachment C, Exhibit 1, Vicinity Map). The project proposes to subdivide
the vacant 20-acre project site into 67-single family residential lots (average lot size
6,924 sq. ft.) in addition to approximately six acres of open space/wetlands, dog park and
an area dedicated to solar field array (Refer to Attachment C, Plate 1, Proposed
Vesting Tentative Map).
Access to the proposed development will be from the east side of Newport Drive at the
northeast corner of the site. A relatively short bridge will be constructed to span the
existing roadside ditch that runs along the east side of the project site. This bridge will
require a Streambed Alteration Agreement (SBAA) from California Department of Fish
and Game (CDFG) (name changes to California Department of Fish and Wildlife 1/1/13).
The project will also require approvals by the Contra Costa Local Agency Formation
Commission (LAFCO) including amendment to the Sphere of Influence of the Town of
Discovery Bay Community Services District (TDBCSD), and annexation of the project
site to TDBCSD for water and wastewater services.
To accomplish this the project requests approval of a General Plan Amendment (Refer to
Attachment C, Exhibit 2 – General Plan Map) to change the General Plan designation
for the property from Agricultural Lands (AL) to the following: Single Family
Residential High Density (5.0-7.2 Units Per Net Acre), Single Family Residential
Medium Density (3.0 – 4.9 Units Per Net Acre), Open Space (OS) and Parks and
Recreation (PR). The project also proposes to rezone the property from A-3, Heavy
Agriculture to P-1, Planned Unit Development (Refer to Attachment C, Exhibit 3 –
Zoning Map). In conjunction with the P-1 zoning the applicant proposes a Preliminary
and Final Development Plan that includes the construction of 67 single family homes,
mostly one story (Refer Attachment C, to Plate 2, Proposed Homes), streets with
landscaping and sidewalks, a dog park, an area dedicated to solar panels, and
approximately 6 acres of open space/ wetlands (Refer to Attachment C, Plate 3 –
Preliminary and Final Development Plan).
V. SITE/AREA DESCRIPTION
The project site is located east of Bixler Road and west of Newport Drive. The site
County Planning Commission
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bordered by residential development on the north and east consistent with the proposed
development in design and density (e.g., one and two-story homes on lots that are high
density and medium density (lot size approximately 5,000 to 9,000 square feet) ( Refer to
Exhibit 2, General Plan Map). Electrical transmission towers bisect the western corner of
the project site. The lands to the west, across Bixler Road, are larger rural residential
lots and to the south are large undeveloped parcels. The project site is located within the
100-year flood boundary as designated on the Federal Emergency Flood Rate Maps.
VI. COMPLIANCE WITH THE COUNTY FLOODPLAIN ORDINANCE
The County Floodplain Ordinance requires that a Floodplain Permit be obtained for all
planned improvements on lands subject to inundation by the 100-year flood. As noted
above, the project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps (Flood Zone “AE”) and therefore is required to comply
with the ordinance. For this project to comply with the ordinance it is assumed that an
average of 5 ½ feet of fill dirt will be needed to lift a portion of the site, which is planned
for homes, out of the flood plain. The wetland area would not have fill dirt. It has been
determined that this equates to approximately 130,000 cubic yards of dirt that will have
to be hauled in and spread over that portion of the site.
Trucks, typically used for this activity carry 18 cubic yards. Therefore it is assumed the
during the initial construction process about 7,200 truck trips will be needed to
accomplish this task. The raising of a building site by means of fill dirt is typical for
residential development in the Discovery Bay area (Discovery Bay West, Ravenswood)
because much of it is located within the 100-year flood boundary. There are conditions of
approval for the project to address the construction of this fill area.
VII. AGENCY COMMENTS ( all letters attached)
Town of Discovery Bay Community Services District (CSD Board) In a letter dated
April 7, 2010 the CSD Board had the following comments:
1. Summary of comment: Availability of Water and Wastewater capacity is a
concern and the CSD Board is currently reviewing both water and wastewater
capacity issues.
Staff response: The CSD Board has since completed a Waste Water and Water Master
Plan in October of 2011 and January of 2012 respectively, which included the Newport
Pointe project as planned infill development. Both Plans addressed capacity issues. For
further information on this issue refer to Section VIII, CEQA Review of this report.
2. Summary of comment: The CSD Board has concerns about the “High Density”
designation and how that would impact the community.
Staff response: The proposed General Plan designation of Single Family Residential -
High Density (SH) for the project site is consistent with the General Plan designation of
Single Family Residential High Density in Discovery Bay West ( west side of Villages I,
11, 111 & 1V) to the north. The average lot size in the proposed development is 6,924
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Newport Pointe Residential Project
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square feet. The proposed average lot would fall between the minimum lot sizes for the R-
6 and R-7 zoning districts under the County Zoning Ordinance, which are consistent with
the Single Family Residential – High Density land use designation (see Table 3-5,
Consistency Between General Plan and the Zoning Ordinance, Ch. 3, Land Use Element
Contra Costa County General Plan, 2005-2020).
3. Summary of comment: The development would cause additional traffic impacts
on Newport Drive. Would the County consider the option of using Bixler Road as
the access for the project?
Staff response: The County did consider Bixler Road, which is a major thoroughfare, as
an access point for the project but it was found to be in conflict with the General Plan
policy that states that through traffic along major thoroughfares shall be improved by
minimizing the number of new intersecting streets (County General Plan policy ).
4. Summary of comment: We would like to see the dog park open to the entire
public and provide for adequate parking.
Staff response: As proposed, the dog park would be open to the general public and there
is provision for 6 parking spaces.
5. Summary of comment: We would like to see that common areas such as the Solar
Array, wetlands are maintained by a Home Owners Association (HOA).
Staff response: The project is required to form a homeowners association for the
ownership and maintenance of all common areas including private streets, common
landscaping, dog park, and parcels A, B and C. The maintenance of the dog park, open
space, lighting and landscaping may become the responsibility of the Town of Discovery
Bay Community Services District (TDBCSD) if the applicant enters into an agreement
with the TDBCSD as shown in Mitigation Measure AES-1 (c) .
6. Summary of comment: There should be a mechanism to mitigate school impacts.
Staff response: The project is required to pay all school mitigation fees that are required
by the State. The developer pays the school fee when they apply for building permits for
the homes.
7. Summary of comment: We believe the Sheriff and Fire impacts in regards to this
project should be addressed.
Staff response: The project is required by condition of approval to create a police
services district by approving a special tax for the parcels created by this subdivision
approval. The special tax shall be used to maintain and augment police services (Contra
Costa Sheriff). In regard to fire services, the project shall pay its fair share towards fire
protection services as required by the General Plan.
8. Summary of comment: We would like to be informed of any park and community
center mitigation fees.
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Staff response: The project contains a dog park which satisfies the requirement for parks.
9. Summary of comment: There is a concern that Newport Drive is too narrow and is
not wide enough to handle additional traffic.
Staff response: A Traffic Impact Study, dated September 30, 2010, by Abrams and
Associates was submitted to the County by the applicant. The report found that Newport
Drive is a two-lane collector street about 34 feet wide. The report indicated that the site
would generate a total of 56 vehicle trips in the AM (8:00 to 9:00 AM) and 76 vehicle
trips in the PM (5:00 to 6:00 PM). It was determined, that, by County standards, the
project’s impact to Newport Drive are less than significant.
Contra Costa Local Agency Formation Commission (LAFCO)
1. In an email dated November 23, 2009 LAFCO noted that the project site is not
within the Town of Discovery Bay Community Service District (TODBCSD)
sphere of influence (SOI) or service boundary and, should the project require
municipal services, such as water and wastewater they would need approval from
LAFCO including amendment to the SOI of the TDBCSD, and annexation of the
project site to TDBCSD for water and wastewater service.
The project would require approval from LAFCO for sphere of influence amendments
and corresponding annexation into the TDBCSD service boundary for sewer and
water services.
Contra Costa Fire Protection: Memo from Fire Inspector, dated November 9, 2009,
indicates that access is consistent with Fire District requirements and that the
applicant will be required to comply with Fire District standards, including Fire
District standards applicable to the Emergency Vehicle Access (EVA) proposed from
Bixler Road.
Contra Costa County Flood Control and Water Conservation District (County Flood
Control): Memo dated November 23, 2009 indicates that the parcels are within the
100-year flood boundary as designated by FEMA and the applicant is required to
comply with FEMA, County Flood Plain Management and other requirements.
California Historical Resources Information Systems: Memo dated October 28, 2009
indicates that there were previous cultural studies done on the site with negative
results and therefore no further studies are recommended.
VIII. CEQA REVIEW
A draft Mitigated Negative Declaration (MND) was sent out for public review on
October 12, 2012 for a 30 day comment period which ended on November 12, 2012. On
December 19, 2012 the County recirculated the draft MND for an additional 30 day
public comment period due to new biological impacts and mitigations that were identified
on the site and a revised project description to include the entry bridge. The end of the
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Newport Pointe Residential Project
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public comment period for the recirculated draft MND was January 18, 2013. During the
comment period the County received a number of letters which are addressed below. All
the letters are attached at the end of this report.
Town of Discovery Bay Community Services District (TODBCSD or CSD Board):
Letters dated November 16, 2012 and January 16, 2013 the CSD Board had the following
comments:
1. Summary of comment; Air Quality: Mitigation Measure AIR -1 should be
modified to be required “four times per day during dry or windy conditions” due
to the fine particulate matter related to the soils in the area.
Staff response: Comment noted. Mitigation Measure AIR-1 has been modified to require
that exposed surfaces be watered 4 time daily during dry and windy conditions.
2. Summary of comment: Biology; “In the Mitigated Negative Declaration (MND)
the County should include the ditch immediately adjacent to the eastern project
boundary. This ditch always contains water and is connected to Kellogg Creek.
Mitigation should be included in the MND”.
Staff response: The ditch was included in the Recirculated MND which stated that a short
bridge will be constructed to span the ditch to allow Newport Pointe residents access to
the project site from Newport Drive. The proposed bridge and its biologic impacts were
analyzed in the Recirculated MND and it was determined the ditch is subject to seasonal
flows and supports sparse to no emergent vegetation. Giant garter snakes would be
unlikely to be found in this ditch or on the project site. The MND goes on to state that a
Streambed Alteration Agreement (SBAA) from the California Department of Fish and
Wildlife (formally California Department of Fish and Game) will be required.
3. Summary of comment; Hydrology and Water Quality: “In preparing our Water
Master Plan, the discussion of sustainability was in the context of build-out
growth as opposed to small increments, such as the Project. It is recommended
that the discussion of sustainability be revised in the Mitigated Negative
Declaration for this project to reflect the current view of sustainability and that a
Mitigation Measure be included to provide that analysis be conducted which
contributes to the quantification of sustainable groundwater resources for the
underlying aquifer system.”
Staff response: As stated in the Executive Summary of the Water Master Plan (page ES-1)
”The Water Master Plan covers a ten year planning horizon that encompasses the
incremental growth of planned infill developments only (emphasis added)(the Water
Master Plan included Newport Pointe as planned infill) , i.e. no future growth outside
the District’s current service area. The District defined the areas of infill development
and provided the estimated number of homes and schedule for completion based on
discussions with local developers. The planned infill developments include a total of
1,355 residential service connections (including Newport Pointe), 30 commercial
connections and approximately 7 million gallons per year in additional irrigation
connections. The Master Plan document is intended to serve as a tool for the District to
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plan and budget for future facilities projects and capital improvements needed to ensure
the District can continue providing adequate water supplies to the current and future
customer base. The improvements that are recommended in this plan will allow the
system to meet or exceed the standards for water source capacity, water treatment,
storage and water distribution.”
And, Table 2-1 on page 2-2 of the Water Master Plan takes into account Newport
Pointe for planned infill - Planned Infill Developments Town of Discovery Bay.
The project would be required to pay their fair share of improvements identified in the
Capital Improvement Project list in the Water Master Plan.
4. Summary of comment: Utilities and Service Systems; “In the MND the analysis
does not describe the water utility component on which to base the existing water
supply. For example, in order to assess a level of impact, the MND must describe;
1 Water demand estimates for residential and irrigation in terms of annual,
maximum daily, fire flows and peak hour, 2 description of the water system 3
landscape irrigation system and demand estimates 4 discussion of “water
efficiency” measures.”
Staff response: The MND is relying on the water demand estimates in the Water Master
Plan prepared for TDBCSD. More precise calculations can be provided when final
development plans, including a final landscape plan, are completed. The irrigation
systems for the project landscape will be identified at that time. Applicant will provide
those calculations and information to the commenter when those plans are completed,
and do so prior to the time water utility improvements to serve the project must be
finalized by the District prior to issuing Can & Will Serve Letter as part of satisfying
Mitigation Measures UTIL-1 and 2.
The CSD Board requests that a Mitigation Measure be added requiring the development
to install a water well site to provide a new domestic source of water to add capacity to
the serve the proposed development, and additional future water district service
connections.
Staff response: The project is required to comply with the Growth ManagementProgram
Standards for water and the water service policies/implementation measures of the
Public Facilities/Services Element, Contra Costa County General Plan, 2005-2020 (.. In
summary, these policies and implementation measure require the County to determine
that capacity exists within the water system to serve a development project within a set
period of time, or that water capacity to serve the development project will be provided
by a funded program or other mechanism, and that project development approval be
conditioned on verification of an adequate water supply for the project. Furthermore, the
Growth Management Program Standards are premised on the principle that new
development pay their fair share of the improvements necessary to provide water to the
project.
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As far as requesting the County to impose a mitigation measure requiring the applicant
to install a water well for additional future water district service connections (emphasis
added), there is case law ( Nolan / Dolan) that require that government establ ish the
existence of a "nexus" or link between the impact and the mitigation. Also, there must be
a "rough proportionality" between proposed exaction and the project impacts that the
exactions are intended to allay. In this case it would not be consistent with case law to
require the project to install water well that is intended to serve additional future water
district connections, while the project’s impact is only 67 homes.
5. Summary of comment: Utilities and Service Systems: The MND states that “New
development would be responsible for the costs to construct improvements that
are necessary only to serve new development. The existing water supply
infrastructure would need to be expanded. This statement infers which facilities
will be the responsibility of new developments. This statement should be
removed. Rather, the responsibility of new development should be determined
through a Service Agreement with the Town of Discovery Bay Community
Services District (TOBCSD).
Staff response: Agreed, new development shall also contribute to the improvement of
existing facilities as they relate to sewer and water in reasonable proportion to the
demand impacts and burdens generated by the project (County General Plan Growth
Management Standard 4-O).
6. Summary of comment: Mandatory Findings of Significance; The MND does not
include a discussion of nearby projects to form the basis for cumulative impacts.
The assessment of cumulative water supply impacts should be assessed and
should recognize that the TODBCSD is currently within an established
groundwater management area and actively participates in the following:
California Statewide Groundwater Elevation Monitoring that includes a
groundwater elevation monitoring program to track seasonal and long term trends
in groundwater elevations; the Integrated Regional Water Management program
that consists of a collaborative effort to manage water resources in the region; and
East County Water Management Association which is comprised of water
agencies TODBCSD is a member), wastewater agencies, flood control districts,
and watershed management groups within the eastern portion of Contra Costa
County. These programs and organizations are aimed at managing local water
supplies to improve the quality, quantity, and reliability. Relevant information
available from these organizations should be used to address cumulative water
supply impacts.
Staff response: Comment noted. The cumulative impact analysis was based on the Water
Master Plan, prepared for TDBCSD, which already discussed nearby projects and
cumulative impacts for water supply.
Contra Costa Local Agency Formation Commission (LAFCO): In a letter dated
November 13, 2012 and an email dated January 15, 2013 LAFCO had the following
comments:
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1. Summary of comment: The MND does not currently reference the needed
LAFCO actions. We recommend that you amend the project description to
include those actions.
Staff response: The MND was amended to include the LAFCO actions necessary; sphere
of influence amendment, annexation for water and sewer service.
2. Summary of comment; Agricultural Resources: The MND states the
project site is not classified as Prime Farmland or Farmland of Statewide
Importance and has a Story Index of 6; Non Agriculture. Is this site
designated Farmland of Local Importance?
LAFCO acknowledges that for CEQA purposes, the conclusion reached
in the MND could be considered adequate but we will require more
analysis of this topic in order for our Commission to make determinations
required under CKH 56668 in which the loss of agricultural lands is an
important concern.
Staff response: Comment noted. As noted above the project site is not considered prime
farmland under CEQA (according to the California Department of Conservation and the
United States Department of Agriculture) and has not been actively farmed in many years.
The project site is designated “Farmland of Local Importance” according to the 2010
Important Farmland Map for Contra Costa County prepare by the Farmland Mapping
and Monitoring Program, California Department of Conservation, but it’s unclear why
this designation was chosen. As stated in the MND, according to the United States
Department of Agriculture Natural Resources Conservation Service revised Story Index
the soil on the project site is rated Grade 6 non agriculture. The soil is mapped by the Soil
Conservation Service as Marcuse clay, which is hydric soil. The soil is poorly drained and
is moderately alkaline.
Several factors affect the importance of the conversion of acreage of Agricultural Lands
(AL) to non-agricultural designations under the proposed project. The project area lies
inside the County’s Urban Limit Line, indicating the possibility that urban development,
or conversion from the Agricultural Land (AL) designation to urban use designations,
might occur;as distinct from land in the county lying outside theUrban Limit Line, where
development of urban uses is prohibited by the County General Plan and the 65/35 Land
Preservation Plan Ordinance (Measure C-1990). In addition,, on page 4.3-6 of the
Discovery Bay West Environmental Impact Report prepared in 1993 (Newport Pointe is
located directly adjacent to Discovery Bay West), discussion of the agricultural potential
of local soils, otherwise appropriate for agricultural use, contain compounds (boron
and/or salt) that reduce their suitability for agriculture and limit the productivity of the
land. An additional consideration is the proximity of development to the north and east.
3. Summary of comment: Regional housing needs. In considering the
proposed annexation for water and sewer LAFCO is concerned with how
the project would effect the County’s ability to achieve its share of
regional housing needs.
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Staff response: The project would add to the housing supply in the county which would be
consistent with the Housing Element, General Plan, which, in part, calls for the
increasingof the housing stock in the County.
4. Summary of comment: The MND should evaluate the relationship of the
project to the regional growth goals and policies related to sustainable
communities strategies identified in the One Bay Area plan.
Staff response: The Association of Bay Area Governments (ABAG) and Metropolitan
Transportation Commission (MTC) have not released the One Bay Area plan prepared in
response to Senate Bill 375.It is due for release in spring of 2013 and potential adoption
in summer 2013.
5. Summary of comment: Public Services – Fire Protection: While the
MND may be adequate for CEQA purposes, additional information will be
required to support requested LAFCO approvals. LAFCO will need
specific information on how the project will impact fire services, and what
measures will be taken to mitigate the impact.
Staff response: Comment noted. The project is required by condition of approval to
create a police services district by approving a special tax for the parcels created by this
subdivision approval. The special tax shall be used to maintain and augment police
services (Contra Costa Sheriff). In regard to fire services, the project shall pay its fair
share of fire protection services as required by the General Plan.
6. Summary of comment: Wastewater service : The TODBCSD prepared a
Wastewater Master Plan (WWMP) that was accepted earlier this year by
their Board. The WWMP indentified actions that the TODBCSD must
take to expand its system capacity to meet future needs through the year
2020, including the Newport Pointe project. Given that the expansion and
operating improvements are not yet in place, there is some uncertainty
regarding the availability of adequate wastewater service. This concern is
called out as a potentially significant impact for which the MND proposes
Mitigation Measure (MM-UTL-1) to assure that there would be adequate
service capacity in time to meet the needs of the Newport Pointe project.
UTIL-1 requires the project applicant demonstrate to the County, prior to final map
recordation, the sufficient funding has been secured to assure timely construction of
the required improvements outlined in the WWMP to ensure sufficient capacity for the
project. From LAFCO’s perspective, the timing of this is problematic as it defers the
assurances regarding adequate wastewater service capacity to recordation of the
project’s final map. The final map recordation will occur long after the project’s
application for the Sphere of Influence (SOI) amendment and annexation to the
TODBCSD is to be considered by LAFCO. At the time LAFCO considers the SOI and
annexation proposals, it must determine that adequate service capacity exists to serve
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the project and any impacts to existing customers.
LAFCO will require documentation at the time LAFCO considers the SOI and
annexation proposals, in order to determine whether adequate wastewater service
capacity is available to meet the needs of the project. The information below should be
submitted to LAFCO in conjuction with the SOI and annexation applications:
Engineering plans and specifications for the physical modfications and or
expansion of the existing wastewater treatment plans
Approvals for relevant regulatory agencies (e.g. RWQCB)
An environmental document certified or adopted by the TODBCSD that the
plant expansion plans have been approved, the required funding is available
and the work to implement the expansion plans will be completed in a timely
manner.
Staff response: Comment noted. Prior to recordation of the final map the applicant is
required to provide evidence to the County Zoning Administrator that the project has
obtained approval from LAFCO for the SOI amendment and annexation to the
TODBCSD for wastewater service.
7. Summary of comment; Water service: “The MND states that the
TODBCSD does not currently have water capacity to serve future growth,
including Newport Pointe. This is identified as a significant impact and
there is a mitigation measure (MM UTIL-2) that requires the applicant
demonstrate to the County, prior to final map recordation, that sufficient
financing is secured to assure timely construction of any required
improvements outlined in the Water Master Plan to ensure sufficient
capacity to serve the project. From LAFCO’s prespective, and consistent
with the previous comment , this is problematic because it defers the point
in time when assurances regarding timely availability of water service are
made to a time when the final map for the project is to be recorded. The
same information described above will be required by LAFCO as part of
the SOI amendment and annexation for water service.
Staff response: Comment noted. Prior to recordation of the final map the applicant is
required to provide evidence to the County Zoning Administrator that the project has
obtained approval from LAFCO for the SOI amendment and annexation to the
TODBCSD for water service.
8. Summary of comment: Flood hazard: The MND notes that the project site
is within a 100 year flood zone and the County Floodplain Ordinance
requires that a floodplain permit be obtained for lands within the 100 year
flood zone. The low-lying property is subject to flooding and sea level rise
and therefore is a matter of concern.
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Staff response: The project is required to comply with the Floodplain Ordinance
which will require the site to be elevated to a point that is consistent with the
surrounding neighborhood to the north and which is not in the floodplain.
East Contra Costa Fire Protection District (“District”): In an email dated January 18,
2013 the District had the following comment:
1. Summary of comment: “The District’s concerns are the same concerns we
expressed in our August 7, 2012 letter to the County regarding the P antages
project. In their August 7, 2012 letter the Fire District expressed concern about
significant cuts they have had to make because of reduced revenues from property
taxes which have resulted in reduced levels of service. The letter goes on to state
that unless financial conditions improve, the District will be unable to improve
service levels. The District therefore requests that the County impose on the
Newport Pointe project a funding mechanism similar to that the County imposed
on Cypress Lakes development (now Summer Lakes).”
Staff response: Comment noted. According to County General Plan, Fire Protection
Policies, the Fire Department shall strive to reach a maximum running time of 3 minutes
and / or 1 ½ miles from the nearest fire station, and new development shall pay its fair
share of costs for new fire protection facilities and services. The project is within 1 ½
miles of Fire Station 59 at 1801 Bixler Road and the project will pay its fair share of fire
protection services. In addition, all of the proposed homes will be sprinklered for fire
protection.
Central Valley Regional Water Quality Control Board (Central Valley Water Board):
In a letter dated November 2, 2012 the Central Valley Water Board had the
followings comments:
1. Summary of comments: The project will be required to comply with State and
Federal regulations that are designed to protect the quality of surface and
ground waters. Permits such as Clean Water Act Section 404 Permit (Army
Corps Permit), Storm Water Pollution Prevention Plan (SWPPP) will be
required if necessary.
Staff response: On April 26, 2006 the applicant retained the biological firm of Monk
and Associates to conduct a wetland delineation to determine if there could be areas
within the project site that would be regulated by the U.S. Army Corps of Engineers
or the Regional Water Quality Control Board (RWQCB) as waters of the United
States and/or State. Similarly, Monk and Associates examined the project site to
determine if stream channels regulated by the California Department of Fish and
Wildlife pursuant to Section 1602 of the Fish and Wildlife Code could be affected by
development of the project site.
The preliminary wetland delineation was verified by the Corps (Mr. William Guthrie)
on December 5, 2006. The Corps confirmed the wetlands map and issued a
confirmation letter on October 7, 2008 and confirmed presence of 1.36 acres of
jurisdictional seasonal wetlands. Prior to impacting jurisdictional wetlands the
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developer will be required to receive authorization from the Corps pursuant to
Section 404 of the Clean Water Act. The proposed bridge at the entrance to the
project will require a Streambed Alteration Agreement for the California Department
of Fish and Wildlife.
Surface grading and excavation of the project site will be regulated pursuant to the
National Pollutant Discharge Elimination System (NPDES) program. The developer
will obtain coverage under the General Permit prior to site disturbance.
The applicant has submitted a Stormwater Control Plan to the County Public Works
Department and will be responsible for full compliance with C.3 stormwater
requirements.
The applicant is required to comply with all Federal, State and Local regulations
regarding protection of water quality.
U. S. Army Corps of Engineers: (“Corps”): In a letter dated November 12, 2012 the
Corps had the following comments:
Summary of comment: “As wetlands are mentioned in the Notice of Public
Review, we feel that the project should prepare a wetland delineation map
pursuant to Section 404 of the Clean Water Act.”
Staff response: As noted above, Monk and Associates, Inc. conducted a wetland
delineation map in 2006. The U.S. Army Corps of Engineers verified the delineation
in a letter dated October 7, 2006 (SPK-200600554) and confirmed the presence of
1.36 acres of jurisdictional seasonal wetlands on the project site. The Corps
jurisdictional determination remains valid until October 7, 2012. Proposed fill will
require obtaining permits from the Corps and Regional Water Quality Control
Board.
California Department of Fish and Wildlife (CDFW) (previously California
Department of Fish and Game): In an email dated November 5, 2012 the CDFW had
the following comments:
Summary of comment: “The MND needs to revise the impacts and
mitigations to the San Joaquin spearscale, Swainson’s hawk, and iodine bush
scrub to be consistent with our Department’s regulations and requirements.”
Staff response: The Recirculated MND included revisions to the above impacts and
mitigation measures.
David and Lisa Harrell, neighbors to the project site: In a letters dated November 12,
2012 and December 20, 2012, the Harrell’s had the following comments:
1. Summary of comment: The project site had been designated wetlands and
provides habitat to a variety of wildlife (fairy shrimp, hawks, saltbush, etc).
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Staff response: As noted above Monk and Associates, Inc. conducted a wetland
delineation map in 2006. The U.S. Army Corps of Engineers (Corps) verified the
delineation in a letter dated October 7, 2006 (SPK-200600554) and confirmed the
presence of 1.36 acres of jurisdictional seasonal wetlands on the project site.
Proposed fill will require obtaining permits from the Corps and Regional Water
Quality Control Board (RWQCB). Approximately 1 acre of seasonal wetland will be
created within the 4.85 acre preserve area as approved by the Corps and the
RWQCB. This area is located along the western edge of the site. Impacts to fairy
shrimp, hawks and plants have been identified in the Recirculated Mitigated Negative
Declaration and mitigation measures have been proposed. The project is required to
comply with all regulatory agencies having jurisdiction over the project site (e.g.
Army Corps of Engineers, California Department of Fish and Wildlife, Regional
Water Quality Control Board).
2. Summary of comment: Water capacity is a concern. Given the water situation
in Discovery Bay (chlorination, color of water) we don’t understand how this
project could be considered.
Staff response: The Town of Discovery Bay Community Services District (TBCSD)
adopted a Water Master Plan recently which identified measures that are intended to
provide the TOBCSD with a guidance document for improving its supply capacity,
enhancing treatment facilities, improving conveyance infrastructure to bring the
system into conformance with current regulatory standards. The Water Master Plan
includes a Capital Improvement Plan (CIP) that outlines improvements necessary to
accomplish better water service. The Newport Pointe project would be responsible to
pay their fair share of the improvements necessary to provide water service.
3. Summary of comment: Police and Fire service are a concern because they are
understaffed for the current population of Discovery Bay.
Staff response: In regard to police services, the applicant shall participate in the
provision of funding to maintain and augment police services (Contra Costa Sherriff)
by voting to approve a special tax for the parcels created by this subdivision
approval. The tax shall be the per parcel annual amount (with appropriate future CPI
adjustment) then established at the time of voting by the Board of Supervisors. The
election to provide for the tax shall be completed prior to the filing of the Final Map.
The applicant shall be responsible for paying the cost of holding the election, payable
at the time that the election is scheduled. The applicant is advised that the time
period from application to election is 4 - 5 months.
As far as Fire services are concerned the project shall pay its fair share of fire
protection services as required by the General Plan.
4. Summary of comment: Every year we hear of potential rolling blackouts due
to overtaxed power grid, this new housing development won’t help this.
Staff response: There is no information from Pacific Gas and Electrict (PG&E) the
electrical utility provider to indicate they cannot provide power for the proposed
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project.
5. Summary of comment: Hundreds of homes in Discovery Bay are sitting
empty now and new housing would have a negative effect on real estate
values.
Staff response: Comment noted. In evaluating the significance of the environmental
effect of a project the lead agency shall consider direct physical changes in the
environment. Real estate values, although important, are not a direct physical change
in the environment.
6. Summary of comment: Any new revenues created by any new development
would be overshadowed by the decrease in quality of life, community
services, traffic, and property values.
Staff response: Comment noted. In regard to community services and traffic the
project is responsible to comply with the policies of the Public Facilities/Services and
Growth Management Program elements of the County General Plan which in
summary hold that new development is required to pay its fair share of the cost of all
existing public facilities it utilizes, based on the demand for these facilities which can
be attributed to the new development.
7. Summary of comment: Discovery Bay area is subject to the potential for wide
spread flooding because of its elevation, which is just a few feet above or
below sea level.
Staff response: The applicant is required to comply with the County Flood Plain
Ordinance which requires that the planned improvements be constructed outside of
the flood plain. The grading plan for the project indicates that all building pads will
comply with the County Flood Plain Ordinance.
Larry and Anne Halestead, neighbors to the project site: In an email dated November
18, 2012, the Halestead’s had the following comment:
1. Summary of comment: The entrance and exit to this project should be from
Bixler Road, not from Newport Drive because Newport Drive is a narrow
street with too much traffic now.
Staff response: As previously noted Bixler Road is a major thoroughfare and the
creation of an additional access point off of Bixler Road is not consistent with the
General Plan, which for circulation safety and efficiency reasons, discourages access
points off of major thoroughfares.
IX. STAFF ANALYSIS & DISCUSSION
A. Appropriateness of Use: The applicant’s proposed 67 lot subdivision is consistent
with the surrounding neighborhoods to the north and east of the project site in
design and density; one and two-story single family homes on lots that are high
density and medium density (5,000 to 9,000 square foot lots). According to the
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applicant the target market for the project is the move-down buyers interested in a
leisure lifestyle. The goal of the development is to include a substantial number of
single-story homes.
B. General Plan & Zoning Consistency:
General Plan Amendment: The 20-acre site is currently designated as Agricultural Lands
(AL) under the General Plan’s Land Use Element Map and it is located within the
County’s Urban Limit Line (ULL). The General Plan’s AL land use designation
identifies those lands within the unincorporated area that are intended for agricultural use,
it includes much of the privately owned land in the rural parts of the County used
primarily for dryland farming or cattle grazing, and it includes non-prime agricultural
lands. AL is one of the non-urban uses identified in the General Plan and the uses
allowed under the AL designation include all land-dependent and non-land dependent
agricultural production and related activities.
In support of the proposed 67-lot single family residential development, the applicant is
proposing to amend the Land Use Element Map to re-designate the 20-acre site to the
following new General Plan land use designations (Refer to Attachment C, Exhibit 2 –
General Plan Map ):
11.7 acres of Single Family Residential – High Density (SH),
1.2 acres of Single Family Residential-Medium Density (SM),
6.8 acres of Open Space (OS)
.72 acres of Park and Recreation (PR)
Under the General Plan and the 65/35 Land Use Preservation Plan Ordinance, this 20-
acre site located on the inside of the Urban Limit Line is eligible for potential conversion
from the AL designation, or non-urban use, to General Plan urban use designations. As
such, the evaluation of this General Plan Amendment focuses on the following General
Plan policies considerations: (1) 65/35 Land Preservation Standard; (2) Potential Loss of
Prime or Productive Agricultural Lands; and (3) Growth Management Standards.
(1) Maintain the 65/35 Land Preservation Plan Standard (Measure C-1990)
General Plan Policy Consideration: General Plan policy #3-p, Land Use Element -
“Maintain the 65/35 Land Preservation Standard and devise a means of tracking urban
and non-urban development and uses in the cities and unincorporated areas.”
The re-designation of the 20-acre site from the AL land use designation to the
combination of SH, SM, OS, and PR use designations under the General Plan would not
result in a violation of the 65/35 Land Preservation Standard. Approximately 13 acres of
the 20 acre-site would be converted from non-urban use (Agricultural Lands) to urban
use designations, 11.7 acres to SH and 1. 2 acres to SM, respectively. According to the
Department’s Geographic Information Systems (GIS) –based land use development
tracking system, over 8,000 acres of land area countywide under non-urban use
designations within the ULL that would be eligible for conversion to urban use
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designations without causing the County to exceed urban uses beyond 35% of land area
countywide as mandated under Measure-1990: The 65/35 Contra Costa County Land
Preservation Plan Ordinance. As proposed, the General Plan Amendment involving a
shift of 13 acres from non-urban use to urban use would be very minor and would not
cause a violation of 65/35 Land Preservation Plan Ordinance Standard.
(2) Potential Loss of Prime or Productive Agricultural Lands
General Plan Policy Considerations:
General Plan policy #3-11, Land Use Element: “Urban uses shall be expanded only
within the Urban Limit Line where conflicts with the agricultural economy will be
minimal”
General Plan policy #3-14, Land Use Element: “Protect prime productive agricultural
land from inappropriate subdivisions”
Although designated Agricultural Lands (AL) and zoned under the A-3, Heavy
Agricultural District, there has not been extensive cultivation or active agricultural use on
the subject property for quite a number of years. The U.S. Department of Agriculture
(USDA) Soil Survey of Contra Costa County identifies the subject property as containing
Marcuse clay soils with high alkai content (high pH > 8.5), exhibiting poor soil structure,
and low water infiltration capacity. Under the USDA’s revised Storie Index, which is
method of soil rating based on soil characteristics that define the land’s potential
agricultural utilization and productivity capacity, the site’s soil is rated as Grade 6 (Non-
Agriculture): soils rated 10 percent out of a hundred percent scale, include for example,
tidelands, riverwash, soils with high alkai content, and steep broken land. Furthermore,
the 2010 Important Farmland Map of Contra Costa County prepared by the Farmland
Mapping and Monitoring Program, California Department of Conservation, does not
identify the 20-acre site as meeting the State’s requirements for prime farmland.
At best, the site’s soils would be suitable for dryland farming or cattle grazing; however,
because of its size and adjacency to existing residential development within Discovery
Bay such agricultural uses would be expected to be limited in scope and scale.
Based on the foregoing, the proposed General Plan Amendment would not result in a loss
of prime productive agricultural land.
(3) Growth Management Standards Consideration
General Plan Policy Considerations:
General Plan Policy #3-5, Land Use Element: “New development within
unincorporated areas of the County may be approved, provided growth management
standards and criteria are met or can be assured of being met prior to the issuance of
building permits in accordance with growth management.”
General Plan Policy #4-1, Growth Management Program Element: “ New
development shall not be approved in unincorporated areas unless the applicant can
provide the infrastructure which meets the traffic level of service and performance
standards outlined in Policy 4-3, or a funding mechanism has been established which will
provide the infrastructure to meet the standards or as is stated in other portions of this
Growth Management Element”.
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Traffic Level of Service
As more fully described in the Transportation/Traffic section to the Initial
Study/Mitigated Negative Declaration (MND), the project would not exceed the County’s
traffic level of service standards in the General Plan (standards as detailed in the Growth
Management Element and Transportation/Circulation Element).
Other Growth Management Standards
In regard to the other Growth Management standards, the project’s impact on public
services was evaluated in the Initial Study/MND. As noted in the MND, the project
would lead to the construction of 67 single family residence with a projected population
increase of 174 people within the Discovery Bay community. This increase of 174
additional residents would have a minor impact on the public services. The analysis in the
MND provides sufficient information to determine that the project as proposed can meet
the public services performance standards contained in both the Growth Management and
Public Facilities/Service elements to the General Plan. The public entities, which are
expected to serve the key public services to the project site, include:
Water – Town of Discovery Bay Community Services District (after annexation)
Sewer – Town of Discovery Bay Community Services District (after annexation)
Schools – Byron Union School District and Liberty Union School District
Regional Recreation – East Bay Regional Park District
Local Parks – Town of Discovery Bay Community Services District
Fire – East Contra Costa Fire Protection District
Police – Contra Costa Sheriff’s Department
C. Site Plan: The site plan includes 67 residential lots from approximately 5,670
square feet to 16,462 square feet, with an average lot size of 6,924 square feet. As
noted above this is a consistent development pattern with the surrounding
residential neighborhoods to the north and east. There are also parcels used for
wetlands, dog park and an area dedicated to solar use.
D. House Designs: As noted above the target market for this development is the
“move down” home buyers who are interested in a leisure lifestyle. To that end the
development envisions a substantial number of single story homes from
approximately 2200 square feet to 2600 square feet. There are three house plans
proposed for the development; Spanish Colonial, Italian Villa and Tuscan. There is
also the option to have a second story (approximately 500 square feet) and/ or a
Casitas, which is a small detached structure with a bedroom and bathroom for
visitors (Refer to Plate 3 for house designs).
E. Parking: The project proposes to have off-street parking located in the garages of
homes and the streets will be wide enough to have on-street parking as well.
F. Landscaping: The preliminary landscape plan consists of low water use landscaped
front yards and street trees.
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G. Health Department Concerns: A memo dated October 2, 1972 from the County
Health Department indicated that the site is not approved for individual sewage
systems due to high water table and poor percolation properties.
The project does not propose individual septic systems. The project is required to
annex into the Town of Discovery Bay Community Services District for water and
wastewater service.
X. PUBLIC WORKS CONSIDERATIONS
Traffic and Circulation
The subject site features two public road frontages; Bixler Road is to the west and
Newport Drive is to the east. Bixler Road is ultimately planned to be at least a 40-foot
wide roadway within a 64-foot right of way. It appears the right of way along the Bixler
Road frontage was dedicated to the County for roadway purposes with Minor Subdivision
72-00074 (24PM19). However, frontage improvements (including curb, sidewalk, street
lighting, etc.) and road widening shall be required along the Bixler Road frontage to
match the improvements constructed with the adjacent Discovery Bay West project.
Immediately north of the subject parcel, Bixler Road features a finished frontage with a
12-foot wide northbound lane, at least a 6-foot wide shoulder, and finished curb and
sidewalk.
Newport Drive, along the project frontage, features only what appears to be a southbound
12-foot wide lane. Although no shoulder is provided, the frontage appears to be finished
with curb and sidewalk, including landscaping behind the back of walk.
The County is updating the East County Regional Area of Benefit fee program, which
includes additional projects. The fees related to the ECRAOB (i.e. regional
improvements) are separate from the East Contra Costa County Regional Fee and
Financing Authority (ECCRFFA) fee (i.e. different project lists). The applicant shall be
required to pay the updated ECRAOB fee. In the event that the ECRAOB update is not
yet approved at the time of building permit issuance, the applicant shall be required to
pay its fair share contribution based on the ECRAOB updated list.
Subdivision 9010 Pantages is also being developed within the Discovery Bay area. It is
located northeast of Subdivision SD 9278 Newport Pointe, at the terminus of Point of
Timber Road. With the developments in Discovery Bay, several intersections have been
identified to be deficient with the build out of these developments. The intersections
identified are Byer Road at Byron Highway (install a traffic signal and southbound left
turn lane), Point of Timber Road at Bixler Road (install a traffic signal and add left turn
lanes at all four intersection approaches), Marsh Creek Road at Bixler Road (install a
traffic signal), and State Route 4 at Newport Drive (install a traffic signal). The applicant
shall be required to pay its fair share toward these intersection improvements.
Implementation of the project would increase traffic volumes on nearby rural roads. Therefore,
the applicant shall be required to pay its fair share contribution to the Balfour Road widening to
provide a County standard roadway section with standard shoulder widths between Sellers
Avenue and Bixler Road.
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Drainage
Division 914 of the County Ordinance Code requires all storm water entering and/or originating
on this property to be collected and conveyed, without diversion and within an adequate storm
drainage system, to an adequate natural watercourse having a definable bed and banks or to an
existing adequate public storm drainage system which conveys the storm waters to an adequate
natural watercourse.
The subject site is within unformed Drainage Area 52 and East County Delta Drainages
watershed. The site generally drains east to the delta. The applicant will construct on-site storm
drain system, which will drain to the storm drain system on Bixler Road or to the existing
roadside ditch along Newport Drive. Discharging to a roadside ditch is an exception to the
“collect and convey’ requirements. In order to allow this exception, the applicant shall be
required to submit evidence verifying the adequacy of the downstream ditch system or construct
any necessary improvements to make this system adequate to handle the ultimate stormwater
runoff.
Drainage Area 52 has inadequate maintenance funding. The construction of this development
should not result in added costs or reduction of revenue for the County or Contra Costa County
Flood Control and Water Conservation District. As one of the mitigation measures for the adverse
drainage impacts of this development, the applicant shall annex into a County Maintenance
Benefit Assessment District (MBAD) to provide a perpetual funding source for maintenance of
the regional drainage area facilities. The County is in the process of forming this MBAD. If this
MBAD is formed prior to final approval of this development, then the applicant shall annex into
the MBAD.
XI. CONCLUSION
Staff recommends that the Planning Commission find the Mitigated Negative Declaration is
adequate for the purposes of CEQA, adopt Resolution No. 5-2013 to recommend to the Board of
Supervisors approval of the General Plan Amendment, Rezoning and Final Development Plan
and approval of the Vesting Tentative Map with the attached Mitigation Measures and Conditions
of Approval.
XII. ATTACHMENTS
A. Draft County Planning Commission Resolution No. 5-2013
B. Conditions of Approval, Newport Pointe Residential Project, County File #’s SD09 -9278
and DP09-3029
C. Maps: Exhibit 1- Vicinity Map, Plate 1- Vesting Tentative Map, Exhibit 2 – General Plan
Map, Exhibit 3 – Zoning Map, Plate 2 – Proposed Homes, Plate 3 – Development Plan
D. Initial Study/Mitigated Negative Declaration, Recirculated 12/17/2012, Newport Pointe
Residential Project, County File #’s : GP08-0002, RZ09-09-3214, SD09-9278, and DP09-
3029
E. Agency Comments
F. Public Comments
G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions\SD09-9278\SD09-9278_PCSR.doc
NEWPORT POINTE
COUNTY FILES: GP#08-0002, RZ#09-3214,
SD# 09-9278, AND DP#09-3029
BOARD OF SUPERVISORS HEARING
June 4, 2013
SITE CHARACTERISTICS
•20-ACRE SITE (APNS: 011-220-013/014); BOUNDED BY VILLAGE I,
DISCOVERY BAY WEST TO THE NORTH; BIXLER RD. TO THE WEST;
NEWPORT DRIVE TO THE EAST; AND, UNDEVELOPED LAND TO THE
SOUTH
•HIGH TENSION ELECTRICAL POWER TRANSMISSION LINE AND
TOWER ON WESTERN 1/3 OF SITE
•WHILE DESIGNATED AGRICULTURAL LANDS (AL) AND ZONED A-3,
HEAVY AGRICULTURAL DISTRICT, NOT CURRENTLY IN
AGRICULTURAL PRODUCTION
•AGRICULTURAL SOILS CLASSIFIED UNDER STORIE INDEX AS NO. 6 –
NON-AGRICULTURAL, MARCUSSE CLAY SOIL WITH ALKALINE
ADJACENT USES
•NORTH: VILLAGE I, DISCOVERY BAY WEST, SINGLE FAMILY RESIDENTIAL (SH DESIGNATED UNDER CCC GENERAL PLAN)
•SOUTH: UNDEVELOPED LANDS AND ELECTRICAL POWER LINE CORRIDOR
•EAST: SINGLE FAMILY RESIDENTIAL (SM DESIGNATED UNDER CCC GENERAL PLAN)
•WEST: AGRICULTURAL CULTIVATION (WEST SIDE OF BIXLER RD.)
CURRENT
GENERAL PLAN AND ZONING
•GENERAL PLAN: AGRICULTURAL LANDS (AL)
•INSIDE THE URBAN LIMIT LINE
•ZONING: A-3, HEAVY AGRICULTURAL DISTRICT
PROJECT PROPOSAL
•67 SINGLE FAMILY RESIDENTIAL LOTS
•AVG. LOT SIZE 6500 SQ. FT.
•OTHER PROPOSED FEATURES INCLUDE 6 ACRES OF OPEN SPACE/WETLANDS, .72 ACRE DOG PARK AND AREA FOR FUTURE SOLAR ARRAY FIELD
•INTENDED TARGET MARKET: “MOVE DOWN”
PROJECT PROPOSAL -continued
RESIDENCES RANGING IN SIZE FROM 2100 TO 2600 SQ.
FT. BUILDING AREA
MOSTLY SINGLE STORY WITH “CASITA” OPTION FOR
EACH LOT
PROPOSED 3-MODEL ARCHITECTURAL STYLE: SPANISH
COLONIAL, ITALIAN VILLA, AND TUSCAN
COUNTY APPLICATIONS
•GENERAL PLAN AMENDMENT (GP#08-0002)
•REZONING TO P -1, PLANNED UNIT DISTRICT (RZ#09-
3214)
•SUBDIVISION (SD#09-9278)
•PRELIMINARY AND FINAL DEVELOPMENT PLAN
(DP#09-3029)
ACTIONS BY OTHER AGENCIES
•CONTRA COSTA LAFCO: ANNEXATION INTO TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT: WATER, SEWER, AND PARKS
•CA DEPT. OF FISH &WILDLIFE: STREAMBED ALTERATION AGREEMENT TO CONSTRUCT ENTRY BRIDGE FROM NEWPORT DRIVE
•ARMY CORPS OF ENGINEERS: 404 PERMIT TO FILL WETLANDS
•EAST COUNTY HABITAT CONSERVATION PLAN: POTENTIAL MITIGATION FEE FOR CONSTRUCTION IMPACTS (TBD)
CEQA REVIEW
•DRAFT INITIAL STUDY (IS) / MITIGATED
NEGATIVE DECLARATION (MND) ISSUED
10/12/2012
•RE-CIRCULATED IS/MND ISSUED 12/19/2012
COUNTY PLANNING COMMISSION
•PUBLIC HEARING ON FEBRUARY 26, 2013
•COUNTY PLANNING COMMISSION
RECOMMENDED APPROVAL, SEE CPC
RESOLUTION NO. 5-2013