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HomeMy WebLinkAboutMINUTES - 05052015 - D.4RECOMMENDATION(S): 1. OPEN the public hearing and ACCEPT testimony on the Genreal Plan Amendment (County File GP13-0004) for the Heritage Point Mixed Use project in the unincorporated North Richmond area. 2. CLOSE the public hearing. 3. FIND that the Mitigated Negative Declaration is adequate for the purpose of compliance with the California Environmental Quality Act (CEQA) and ADOPT the February 2015 Mitigated Negative Declaration, with Mitigation Measures (Attachment B). 4. ADOPT the recommendations of the County Planning Commission (CPC), as contained in Resolution No. 6-2015 (Attachment A). 5. ADOPT Board Resolution No. 2015/128, including the findings contained in the resolution. 6. ADOPT General Plan Amendment (County File No. GP13-0004) that changes the General Plan designations on the project site from Commercial (CO) and Single Family High Density (SH) to Mixed Use (MU) as shown on Attachment G. 7. DIRECT the Department of Conservation and Development to post the Notice of Determination with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/05/2015 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 ABSENT: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: May 5, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:May 5, 2015 Contra Costa County Subject:HERITAGE POINT MIXED USE DEVELOPMENT PROJECT, APPLICATION FOR A GENERAL PLAN AMENDMENT (COUNTY FILE NO. GP13-0004) TO CHANGE THE LAND USE DESIGNATIONS FISCAL IMPACT: None. The Applicant is responsible for the costs of processing this application. BACKGROUND: Development of the Heritage Point site was an objective under the former North Richmond Redevelopment Project. The parcels were originally acquired by the former Redevelopment Agency for the purpose of developing a mixed-use retail and housing project along Fred Jackson Way to complement the Heritage Senior Apartment Complex located directly across the street. The North Richmond community has strongly supported development of the Heritage Point site. However, due to market conditions and then the dissolution of the Redevelopment Agency, development of Heritage Point has been delayed. Currently, the seven parcels that make up the project site are predominantly vacant, except for a vacant commercial building on the corner of Chesley and Fred Jackson Way. Now, the applicant’s agreement with the County as Housing Successor and their development proposal offers new hope that a mixed-use project on the Heritage Point site may be realized. The project would include changing the General Plan land use designations of the 0.81-acre project site from Commercial (CO) and Single Family High Density (SH) to Mixed Use (MU).The Development Plan for this site that was approved by the County Planning Commission on March 24, 2015 included the construction of a 4-story, 42-unit, multi-family affordable dwelling unit complex and 45 parking spaces. The density is 52 dwelling units per acre. The unit mix consists of one, two and three bedroom units, including a manager’s unit. The development includes small retail and office uses with a patio common area and children’s play space, as well as other common areas for residents, including a community room. The project proposes to add landscaping and hardscape along Fred Jackson Way and at the rear of the property. The removal of several non- code protected trees is necessary to make room for development of the project. Affordability of all the apartments except for the manager’s unit will be regulated by deed restrictions recorded by the public funding sources, including County and Low-Income Housing Tax Credit programs. As a result, 10% of the units would be affordable to extremely-low income families with incomes no higher than 30% of the Area Median Income (AMI) and 88% of the units would be affordable to very low-income households earning up to 50% of AMI. The project’s entry drive would be located on Fred Jackson Way. The parking area would provide 45 spaces in addition to 2 handicap accessible spaces. A visitor’s bike rack for 8 bikes is located near the entry door and a resident’s bike rack for 16 bikes is located within the complex. In addition, the project proposes a Transportation Demand Management (TDM) Strategy that would include de-coupled parking, where a unit resident would receive parking only if they had a car. If they did not have a car, they would, upon request, be given a monthly bus pass at no charge. There are bus stops adjacent to the site. Also included is a bike sharing program by which the unit residents would have free access to bicycles for local use. Also proposed are frontage improvements which include modifications to the median strip in Fred Jackson Way to provide more room for emergency vehicles, possible off-site improvements along Fred Jackson way, north to the Wildcat Creek, involving sidewalk reconstruction, installation of corner curb cuts and/or bulb-outs, utility pole relocation and striping for bike lanes. Acquisition of an adjacent 1,060 sq. ft. property is also contemplated. Affordability of all the apartments except for the manager’s unit will be regulated by deed restrictions recorded by the public funding sources, including County and Low-Income Housing Tax Credit programs. As a result, 10% of the units would be affordable to extremely-low income families with incomes no higher than 30% of the Area Median Income (AMI) and 88% of the units would be affordable to very low-income households earning up to 50% of AMI. Additional detail regarding the development of the project may be found in the attachments. County Planning Commission (CPC) Hearing March 24, 2015 The CPC held a public hearing to consider the project on March 24, 2015. At that hearing they approved the Development Plan and Minor Subdivision with a recommendation that the Board of Supervisors approve the requested General Plan Amendment, County File No. GP13-0004. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the General Plan Amendment the applicant cannot construct the proposed multi-family affordable housing development. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM CLOSED the public hearing; FOUND that the Mitigated Negative Declaration is adequate for the purpose of compliance with the California Environmental Quality Act (CEQA) and ADOPTED the February 2015 Mitigated Negative Declaration, with Mitigation Measures ; ADOPTED the recommendations of the County Planning Commission (CPC), as contained in Resolution No. 6-2015; ADOPTED Board Resolution No. 2015/128, including the findings contained in the resolution; ADOPTED General Plan Amendment that changes the General Plan designations on the project site from Commercial (CO) and Single Family High Density (SH) to Mixed Use (MU) as shown on Attachment G; and DIRECTED the Department of Conservation and Development to post the Notice of Determination with the County Clerk. ATTACHMENTS Resolution No. 2015/128 Attachment A CPC Resolution 6-2015 Attachment B - CEQA Determination IS / MND Attachment C - CPC Staff Report 3/24/15 Attachment D - Conditions of Approval as Approved by CPC Attachment E - Notification List Attachment F - Vicinity Map Attachment G - General Plan Map Attachment H - Development Plan / Elevations Attachment I - Power Point Presentation Department of Conservation and Development County Planning Commission Tuesday, March 24, 2015– 7:00 .P.M. STAFF REPORT Agenda Item # ____ Project Title: Heritage Point Mixed Use Project County File Numbers: DP14-3026, MS14-0007 & GP13-0004 Applicant/Owner: Community Housing & Development Corp. (Applicant) / Contra Costa County (Owner) General Plan/Zoning: Commercial (CO) & Single Family High Density (SH) / Planned Unit Development (P-1) Project Location/Address: The project site is located at the northeast corner of Chesley Ave. and Fred Jackson Way in the unincorporated North Richmond Area (APN’s: 409-080-001, 013, 014, 015, 016, 020 & 021) California Environmental Quality Act (CEQA) Status: A Mitigated Negative Declaration (MND) has been prepared for the project. The MND indicates that, with mitigation, the project would not have any significant environmental impacts. Project Planners: John Oborne (925) 674-7793 / Maureen Toms (925) 674-7878 Staff Recommendation: Approve (See Section II for Complete Recommendation) I. Project Summary The applicant, Community Housing & Development Corporation is requesting approval of a 4 -story, 42 -unit, multi -family affordable housing development with 45 parking spaces on a 35,367 squ are foot (0.81 acre) site, which currently contains two older buildings . There would be small retail and office uses on the ground level. The project proposes a mix of one, two and three bedroom units. The vicinity map and project plans are attached to this report as Attachment E. To accomplish development of the project the applicant is requesting approval of the following , 1. A Preliminary and Final Development Plan, 2 . A Vesting 2 Tentative Map approval to combine 7 existing lots into 2 lots, and 3. A General Plan Amendment to change the land use designation s from Commercial (CO) and Single Family High Density (SH) to Mixed Use (MU). Also proposed are frontage improvements which include modifications to the median strip in Fred Jackson Way to provid e more room for emergency vehicles, possible off -site improvements along Fred Jackson way, north to the Wildcat Creek, involving sidewalk reconstruction, installation of corner curb cuts and/or bulb -outs, utility pole relocation and striping for bike lan es. Acquisition of an adjacent 1,060 sq. ft. property is also contemplated. II. Recommendation Staff recommends that the County Planning Commission: A. FIND that on the basis of the whole record before the County (Department of Conservation and Development, 30 Muir Road, Martinez, CA, 94553) that there is no substantial evidence the project will have a significant effect on the environment and that the February 3, 2015 Mitigated Negative Declaration prepared for the project reflects the County’s independent judgment and analysis; B. ADOPT the February 3, 2015 Mitigated Negative Declaration and Mitigation Measures prepared for the project; D. ADOPT the findings contained in Resolution 6-2015 (Attachment A) and APPROVE the Preliminary and Final Development Plan (DP14-3026) and Minor Subdivision (MS14-0007) received January 22, 2015 by the Department of Conservation and Development; E. ADOPT a motion recommending that the Board of Supervisors do the following: 1.) FIND that on the basis of the whole record before the County that there is no substantial evidence the project will have a significant effect on the environment and that the February 3, 2015 Mitigated Negative Declaration prepared for the project reflects the County’s independent judgment and analysis; 2.) ADOPT the February 3, 2015 Mitigated Negative Declaration and Mitigation Measures ( Attachment C) prepared for the project; 3.) APPROVE the General Plan Amendment that changes the General Plan Designations on the project site from Commercial (CO) and Single Family 3 Residential High Density (SH) to Mixed Use (MU) as shown on General Plan Amendment Map (Attachment E, Exhibit 2); III. Site / Area Description The project site is located in an established residential neighborhood of the unincorporated North Richmond area. It is at the northeast corner of Chesley Ave. and Fred Jackson Way and bounded by the Heritage Senior Apartments to the west and residential uses to the east, south and north. IV. Project Description The project would include the construction of a 47 -foot tall, 4 -story , 42 -unit, multi -family affordable dwelling unit complex and 45 parking spaces. The density is 52 dwelling units per acre. The unit mix consists of one, two and three bedroom units, including a manager’s unit. The development includes small retail and office uses with a patio common area and children’s play space, as well as other common areas for residents, including a community room. The project proposes to add land scaping and hardscape along Fred Jackson Way and at the rear of the property. The removal of several non- code protected trees is necessary to make room for development of the project. Affordability of all the apartments except for the manager’s unit will be regulated by deed restrictions recorded by the public funding sources, including County and Low- Income Housing Tax Credit programs. As a result, 10% of the units would be affordable to extremely-low income families with incomes no higher than 30% of the Area Median Income (AMI) and 88% of the units would be affordable to very low-income households earning up to 50% of AMI. The project’s entry drive would be located on Fred Jackson Way. The parking area would provide 45 spaces in addition to 2 handicap accessible spaces. A visitor’s bike rack for 8 bikes is located near the entry door and a resident’s bike rack for 16 bikes is located within the complex. In addition, the project proposes a Transportation Demand Management (TDM) Strategy that would include de-coupled parking, where a unit resident would receive parking only if they had a car. If they did not have a car, they would, upon request, be given a monthly bus pass at no charge. There are bus stops adjacent to the site. Also included is a bike sharing program by which the unit residents would have free access to bicycles for local use. Also proposed are frontage improvements which include modifications to the 4 median strip in Fred Jackson Way to provide more room for emergency vehicles, possible off -site improvements along Fred Jackson way, north to the Wildcat Creek, involving sidewalk reconstruction, installation of corner curb cuts and/or bulb -outs, utility pole relocation and striping for bike lanes. Acquisition of an adjacent 1,060 sq. ft. property is also contemplated. The project proposes to seek financing from the following sources: County funds as follows: Housing Successor; HOME Investment Partnerships Act (federal); Community Development Block Grant (federal), and State funds as follows: Greenhouse Gas Reduction Funds (Affordable Housing and Sustainable Communities), and other possible sources. Sustainability The applicant is planning to implement the following green building features for the project: solar panels to cover the common areas, low volatile organic compounds (VOC) paints and adhesives to support indoor air quality. Also included in the project are, recycled content flooring, recycling of construction debris, water conserving fixtures, drought tolerant landscaping, Energy Star appliances, as well as performing 15% better than Title 24 baseline energy use to construction plans for savings on utility bills for residents. V. Agency Comments Comments on the project were received from the following agencies: A. North Richmond Municipal Advisory Council (MAC): In a letter dated June 24, 2014 the North Richmond MAC indicated support of the project with comments about lighting, parking on Fred Jackson Way and street landscaping (Letter attached in Attachment D, Correspondence Section of this report). The project has incorporated the concerns of the Richmond MAC. B. California Historical Resources Information System (CHRIS): In a letter dated May 27, 2014 CHRIS indicated that the project has the potential of containing cultural resources and that a study should be conducted. A cultural resource study was done as part of the CEQA review and a report, dated January 2015 was submitted to the County. It found there would be a less than significant impact to cultural resources if Mitigations were incorporated. Those Mitigation Measures are required of the project. C. East Bay Municipal Utility District (EBMUD): In a memo dated June 6, 2014, EBMUD indicated that water service is available for the project subject to their requirements. 5 D. West County Waste Water District (WCWD): In a letter dated June 6, 2014, WCWD indicated that service was available subject to their requirements. E. Contra Costa County Fire Protection District: In a memo dated May 27, 2014 the Fire District indicated that the plans did not meet their requirements as to Emergency Vehicle Access. Subsequently, the applicant met with the Fire District and based on those meetings reconfigured the plans to address the Fire District’s concerns. In a memo, dated September 11, 2014 the Fire District indicated they can serve the project based on the discussions they had with the applicant and resubmission of plans that incorporated those agreed upon Fire District requirements. F. TransForm: In a Letter of Conditional Certification dated March 9, 2015 and Project Evaluation Report ( Letters attached in the Attachment D, Correspondence Section of this report), Transform summarizes how Heritage Point meets TransForm’s criteria for maximum driving and maximum parking, and the inclusion of traffic reduction strategies like free transit passes and the separation of parking cost from rent. Letter and Certificate attached in Attachment D, Correspondence Section of this report. VI. Environmental Review In accordance with the provisions of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine potential environmental impacts of the project. A Mitigated Negative Declaration was circulated for public review from February 12, 2015 and March 4, 2015. The County received two letters as follows: 1. East Bay Municipal Utility District (EBMUD) – letter dated February 24, 2015 indicated they would provide water to the development subject to their requirements. The project is required to comply with EBMUD requirements. 2. West County Wastewater District (WCWD) – letter, dated March 3, 2015 indicated they would serve the project subject to their requirements. The project is required to comply with WCWD requirements. VII. Staff Analysis & Discussion Background Staff believes the Heritage Point project would be an asset to the community. Development of the Heritage Point site was an objective under the former 6 North Richmond Redevelopment Project. The parcels were originally acquired by the former Redevelopment Agency for the purpose of developing a mixed use retail and housing project along Fred Jackson Way to complement the Heritage Senior Apartment Complex located directly across the street. The North Richmond community has strongly supported development of the Heritage Point site. However, due to market conditions, and then the dissolution of the Redevelopment Agency, development of Heritage Point never occurred. Currently on the seven parcels that make up the project site are older housing stock, vacant lots and a small building. Now, the applicant’s agreement with the County as Housing Successor and their development proposal offers new hope that a mixed use project on the Heritage Point site may be realized. Retail Use The project envisions the use of the corner retail space as a Woman, Infant and Children (WIC) store, with fresh produce for sale. WIC is a federally funded health and nutrition program for women, infants and children. The smaller commercial use is envisioned to be a small neighborhood commercial office consistent with neighborhood needs. The market, with fresh produce, would be a valuable addition to the neighborhood that now is lacking in a full time produce market. While the market would be easily accessible by public transportation, it is anticipated that most of the users of the market would walk to and from the surrounding neighborhood. And, because it is only open to specific clients, mostly from the surrounding neighborhood, the need for parking would be minimal. Parking The project proposes 45 off-street parking spaces, along with 2 Accessible Parking spaces, for a total of 47 off-street parking spaces. Per Fire District requirements there would be no parking allowed at the front of the building, along Fred Jackson Way. While under the development standards for the North Richmond P-1 District the project would require 82 off-street spaces, staff believes the applicant has provided a reasonable explanation for requested number of off-street parking spaces. Support for the proposal is based on several factors including; car ownership rates of the target population, parking ratios of comparable properties and observation of available street parking in the immediate area surrounding the development. Also, the project has received a certification regarding parking from GreenTRIP, which is attached in the correspondence section of this report. As noted above, the housing portion of Heritage Point is an affordable multi-family 7 rental development designed to serve those very low-income and low-income families. This income target group has a low rate of vehicle ownership and would require fewer parking spaces than the general population. Given the costs of purchasing, operating and maintaining a vehicle, it is assumed the rate of car ownership would be low. To support this assumption, research was conducted looking at vehicle ownership according to income and housing tenure. Availability of On Street Parking – Shared Parking Analysis Over a 10 day period, the applicant conducted a parking study and found that street parking, along Chelsey Street and Grove Street was available. In addition, the County Health Center parking lot, directly across the street from the project, would offer after hour parking in an open lot that provides 15 spaces, including 2 Accessible spaces provided for public use. As noted above other measures the applicant has proposed to reduce the need for parking include:  Parking is un-bundled; if a resident does not have a car they will not be assigned a parking space. All un-assigned parking spaces would be requested and allocated on a first come – first served basis.  Bike sharing program which provides bicycles, supplied by the applicant, for the residents of Heritage Point for use in the local neighborhood.  Heritage Point is located on a Bus Route and, upon request, a resident of Heritage Point would be given, at no charge, a monthly bus pass, if they don’t have on-site parking.  Overflow parking would be along Chelsey Street, Grove Street and the Health Center across the street from the development.  Delivery service would occur as it is now with UPS/USPS and all others, parking in front of Senior Center (white zone) directly across the street from the development. Density Bonus A density bonus is a zoning tool to incentivize and facilitate the construction of affordable and senior housing. It does so by allowing for increase in density and incentivizes or concessions to an applicant for residential housing development that agrees to provide housing affordable to low, very-low, and extremely-low income households, or accessible housing for senior citizens. The state of California requires that cities and counties adopt an ordinance that specifies how compliance with Government Code Section 65915-5918 shall be implemented. Contra Costa County’s Residential Density Bonus Ordinance complies 8 with the state’s requirements, which requires that density bonuses and incentives or concessions be provided applicants that meet affordable or senior housing requirements described in Section 65915-65918. These include relaxation of development standards and parking requirements. The parking provided is less than the County’s requirement for the North Richmond Development Plan area. The applicant and staff believe this request is supported by the aggressive transit demand management measures built into the Heritage Point project including the proximity to bus stops, free bus passes for unit residents without a car, decoupling parking and bike sharing. The design maximizes the possible on-site parking, which is otherwise constrained by the challenging geometry of the site. VIII. General Plan Consistency The Project, which includes the General Plan Amendment, would be consistent with the General Plan after approval of the proposed General Plan Amendment. The project site is located inside the Urban Limit Line and therefore has the potential for urban development. The General Plan Amendment approved for this Project would not cause the General Plan to become internally inconsistent. The General Plan Amendment and the remainder of the General Plan comprise an integrated, internally consistent and compatible statement of policies for the County. The various land uses authorized for the Project, and each of its components, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan. The Project is compatible with and conforms to the objectives, policies, general land uses and programs specified in the General Plan. The Project will further the objectives and policies of the General Plan and not obstruct their attainment. A. The Commission has considered the effects of the Project on the housing needs of the region and balanced those needs against the public service needs of County residents and available fiscal and environmental resources. The Project helps to achieve a desirable balance. The Project provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The Project is in harmony with surrounding land uses to the west. B. The General Plan comprises many objectives, policies, principles, programs, standards, proposals and action plans (collectively “policies”), as well as performance standards. At times the policies necessarily compete with each other. Examples of the tensions between General Plan policies are found between those policies that promote managed growth, and those that provide for protection of resources that exist because land is undeveloped (such as open space, visual resources and agricultural land). As part of approving the Project, all applicable General Plan policies and the extent to which the Project conforms to each of those policies have been considered. 9 C. The Commission has fully evaluated the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance with principles of the Urban Limit Line, Measure C-1990 and Measure J-2004, protection of open space, standards regarding geology, soils and earthquake risks, hazardous materials, flood hazards and drainage, protection of water quality, protection of biological resources, transportation standards and goals, regiona l and local housing needs, jobs/housing balance, noise, protection of air quality, protection of visual resources, standards for public services and utilities, and protection of archeological and historical resources. The Commission has also fully considered the Project’s compliance with all performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), and performance standards for public services and facilities. D. The Commission finds that through the development of housing at various economic levels, the Project will help implement housing-related goals of the General Plan. E. The Commission acknowledges that the proposed residential designations are consistent with densities in neighboring development to the west. F. Measure C-1988, 1990 and Measure J-2004 and Related Resolutions The Commission has considered the Project’s compliance with the traffic service objectives of Measure C-1988 and Measure J - 2004, the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. Measure C-1988 established a Growth Management Program, “to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth.” The Growth Management Program requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land use, and to comply with the adopted standards; to “adopt a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth;” to participate in the forum established by t he Authority to cooperate in easing cumulative traffic impacts, using the CCTA computer model; and to develop an implementation program that creates housing opportunities for all income levels. Measure J- 2004 amended Measure C to continue transportation sales tax to fund Contra Costa’s transportation projects. The County has complied with all these requirements. Most important, the County is achieving Measure C-1988 and Measure J- 2004’s overarching goal that development pay its own way. 10 Public Works / Traffic and Circulation The subject site fronts the entire east side of Fred Jackson Way between Grove Avenue and Chesley Avenue, all public roads. Fred Jackson Way has a 70-foot-wide right-of- way, while both Chesley and Grove are only 60 feet wide. No additional right-of-way dedications will be necessary. It appears that most frontage improvements are in place. The applicant should be required to install or widen the sidewalk to a 10-foot width, remove any unused driveways and replace any broken, cracked and displaced curb, gutter, and sidewalk along the project frontage of all three streets. 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. Due to the vehicular inaccessibility of the collection area, the refuse and recycling receptacles from the project will need to be hauled to the street for their scheduled pick-up. The applicant should submit an operations plan for County approval that will address this issue and minimize potential obstruction of public sidewalks. Drainage Division 914 of the County Ordinance Code requires that all stormwater 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 stormwater to an adequate natural watercourse. Drainage infrastructure exists along all three project frontages. Verification as to the capacity of these facilities will be required to fully comply with the County Code requirements. IX. Conclusion Staff recommends that the Planning Commission find that the Mitigated Negative Declaration is adequate for the purpose of CEQA, approve Preliminary and Final Development Plan (DP14-3026) and Minor Subdivision (MS14-0007 and adopt Resolution No. 6-2015 to recommend the Board of Supervisors approve General Plan Amendment (GP13-0004). List of Attachments A. Draft County Planning Commission Resolution No. 6-2015 B. Draft Conditions of Approval C. CEQA Determination; Initial Study / Mitigated Negative Declaration D. Correspondence; Letter from North Richmond Municipal Advisory Council; GreenTRIP Certification / Traffic and Parking Evaluation Report E. Maps; Exhibit 1-Vicinity Map; Exhibit 2- General Plan Map; Vesting Tentative Map, Landscape Plan, Site Plan, Floor Plan, Elevations HERITAGE POINT CONDITIONS OF APPROVAL, COUNTY FILE #’S DP14-3026 & MS14-0007 AS APPROVED BY THE COUNTY PLANNING COMMISSION ON MARCH 24, 2015 Administrative 1. ____ ____ This approval is based on the exhibits received by the Community Development Department listed as follows: A. Tentative Map and Development Plan, Sheets C1.0 and A1 through A5, dated Received by the Community Development Department on January 22, 2015 B. Preliminary Landscape Plan, Sheet L 1, dated received January 22, 2015 C. Preliminary Stormwater Control Plan, dated October 22, 2014 2. ___ ____ The Preliminary and Final Development Plan (DP14-3026) is approved contingent upon the following Board of Supervisor action; Approval of the proposed General Plan amendment (GP13-0004) to change the land use designation of the project site from Commercial (CO) and Single Family High Density (SH) to Mixed Use (MU). 3. ____ ____ The Minor Subdivision (MS14-0007) is approved to combine seven existing lots into two lots. 4. _____ ____ The Preliminary / Final Development Plan (DP14-3026) is approved, subject to Condition of Approval #2, to allow for the development of a 42-unit multi-family affordable housing project with up to 4400 sq. ft. of commercial space, small office use and associated parking as shown on plans received by the Department of Conservation and Development (DCD) on January 22, 2015. The approval also allows frontage improvements which include modifications to the median strip in Fred Jackson Way to provide more room for emergency vehicles and, possible off-site improvements along Fred Jackson Way, north to Wildcat Creek, involving sidewalk reconstruction, installation of corner curb cuts and/ or bulb-outs, utility pole relocation and striping for bike lanes. Project approval also includes the acquisition of an adjacent 1,060 sq.ft. property if necessary. The applicant shall Page 2 enter into a Disposition, Development and Loan Agreement with the County Housing Successor prior to the issuance of building permits. Design Review 5. ___ ___ The proposed building shall be similar to that shown on the plans date 1/22/15. Prior to issuance of grading or building permits, final elevations and architectural design of the building and building roofing material shall be submitted for review and approval of the DCD. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility equipment. Colors of roofs and exterior materials shall not be reflective from a distance and be consistent with the surrounding neighborhood. Landscaping / Fencing / Signs 6. ____ ____ Prior to the issuance of grading or building permits a final landscaping and fencing plan for all areas shown on the plan shall be submitted for review and approval of DCD. The landscape plan shall comply with the state of California model water efficient landscape ordinance. The Landscape Plan shall be certified by a Landscape Architect to comply with said ordinance. Also prior to the issuance of grading or building permits a sign program for the property shall be submitted for review and approval of DCD. Lighting 7. ____ _____ Prior to the issuance of grading or building permits an exterior lighting plan shall be submitted for review and approval of DCD. The plan shall include details of location and design of outside lighting fixtures, proposed screening and hours of operation. Exterior lights shall be deflected so that lights shine onto applicant’s property and not toward adjacent properties. 8. ____ ____ 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 Page 3 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. Indemnification 9. ____ ____ 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 will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. Compliance Report 10. ____ ____ At least 45 days prior to filing of the Parcel 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 Zoning Administrator. 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. Page 4 Police Services 11. ____ ____ 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. Air Quality Control Measures for Construction Emissions 12. ____ ____ 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 Page 5 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 running in proper condition prior to operation.  A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to dust complaints. This person shall report all complaints to project developer and take immediate corrective action as soon as practical but not more that 48 hours after the complaint is received. The BAAQMD’s phone number shall also be visible to ensure compliance with the applicable regulations.( Mitigation Measure AIR-1) Cultural 13. ____ ____ If deposits of prehistoric or historical archaeological materials are discovered during project activities, all work within 50 feet of the discovery shall be redirected. Project personnel shall not collect or move any archaeological materials. A qualified archaeologist shall be contacted to assess the situation and consult with agencies as appropriate, including the Contra Costa County Department of Conservation and Development. The archaeologist shall make recommendations for the treatment of the discovery. It is recommended that adverse effects to archaeological deposits be avoided by project activities. If avoidance is not feasible, the archaeological deposits shall be evaluated for their eligibility for listing in the California Register of Historical Resources (PRC §21084.1; CEQA Guidelines §15064.5(c)(1)), or whether the deposit qualifies as a “unique archaeological resource” under CEQA. If the deposits are neither eligible for the California Register of Historical Resources nor unique archaeological resources, avoidance is not necessary. If the deposits are eligible or qualify as unique archaeological resources under CEQA, adverse effects on the deposits must be avoided, or such effects must be mitigated. Mitigation can include, but is not necessarily limited to, excavation of the deposit in accordance with a data recovery plan (see Page 6 CEQA Guidelines §15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials; and, if appropriate, accessioning the historic archaeological material and technical report to an archaeological repository. Educational public outreach may also be appropriate. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of resource evaluation and mitigation efforts. The report shall be submitted to the Northwest Information Center at Sonoma State University. The project applicant shall inform its contractor(s) of the sensitivity of the project site for archaeological resources. The Contra Costa County Department of Conservation and Development shall verify that the following directive has been included in the appropriate construction documents: “If prehistoric or historical archaeological deposits are discovered during project activities, all work within 50 feet of the discovery shall be redirected. The project applicant shall notify the Contra Costa County Department of Conservation and Development. A qualified archaeologist shall also be contacted to assess the situation and make recommendations regarding the treatment of the discovery. Project personnel shall not collect or move any archaeological materials or human remains and associated materials. Archaeological resources that may be encountered include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian or chert toolmaking debris; culturally darkened soil (i.e., midden soil often containing heat -affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stone-milling equipment (e.g., mortars, pestles, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal, and other refuse.” Mitigation Measure CULT-1. 14. ____ ____ Should any potentially unique paleontological resources (fossils) be encountered during development activities, work shall be halted immediately within 50 feet of the discovery. The Contra Costa County Page 7 Department of Conservation and Development shall be notified immediately, and a qualified paleontologist shall be retained to determine the significance of the discovery. Based on the significance of the discovery, the qualified paleontologist shall present options to the Contra Costa County Department of Conservation and Development for protecting the resources. Appropriate action may include avoidance, preservation in place, excavation, documentation, and/or data recovery, and shall always include preparation of a written report documenting the find and describing steps taken to evaluate and protect significant resources. The Contra Costa County Department of Conservation and Development will implement feasible and appropriate recommendations and mitigation measures of the qualified paleontologist for any unanticipated discoveries. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery or other appropriate measures. The project applicant shall inform its contractor(s) of the sensitivity of the project site for paleontological resources. The Contra Cost a County Department of Conservation and Development shall verify that the following directive has been included in the appropriate construction documents: “The subsurface of the construction site may be sensitive for fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 50 feet shall be redirected. The project applicant shall notify the Contra Costa County Department of Conservation and Development Planning Department. A qualified paleontologist shall also be contacted to assess the situation and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any fossils or surrounding matrix. Fossils that may be encountered include invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish or sea mammal bones.” Mitigation Measure CULT-2. 15. __ __ If human remains are discovered during project activities the procedures outlined in Section 7050.5 of the California Health and Safety Code shall be implemented. Work within 50 feet of the discovery shall be redirected and the Contra Costa County Coroner notified immediately. At the same time, an archaeologist shall be contacted to assess the situation and consult with agencies as appropriate, including the Contra Costa County Page 8 Department of Conservation and Development. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. The project applicant shall inform its contractor(s) of the appropriate procedures if human remains are encountered on the project site. The Contra Costa County Department of Conservation and Development shall verify that the following directive has been included in the appropriate construction documents: “If human remains are encountered during project activities, work within 50 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, the project applicant shall notify the Contra Costa County Department of Conservation and Development of the discovery, and a qualified archaeologist shall be contacted to assess the situation. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.” Mitigation Measure CULT-3. Geology 16. ____ ____ At least 30 days prior to the issuance of grading or building permits the developer shall submit to the County peer Geologist for review and approval a design-level geotechnical report shall provide specific standards and criteria for foundation and pavement design developed in accordance with the California Building Code and County Code requirements on the basis of adequate subsurface data and laboratory testing. The constraints on use of expansive soils near finished grade should be evaluated in the report. It is also anticipated that the design- level geotechnical report shall provide California Building Code seismic parameters, and lot drainage recommendations, along with Page 9 recommendations for geotechnical monitoring services during site preparation work, grading and foundation-related work on the site. The design-level geotechnical report shall also provide the following: (a) screening investigation of liquefaction potential. Based on the data provided and review of that data by the County peer review geologist, the screening investigation may be adequate to determine that further evaluation of liquefaction potential is not required; and (b) provide specific criteria and standards for site grading, drainage and foundation design, (including the design of the bio-retention facilities, and their proximity to planned improvements). The design-level geotechnical report is subject to technical review by the Peer Review Geologist, and by review and approval of the Building Inspection Division. Mitigation Measure Geo -1A 17. ____ ____ Following rough grading the geotechnical engineer shall perform corrosivity testing of the building pad to determine if special precautions shall be required to avoid damage to improvements that are in contact with the ground (concrete or steel). Mitigation Measure Geo 1B 18. ____ ____ Prior to the issuance of building permits, the geotechnical engineer shall certify that the lot preparation work is in compliance with recommendations in the approved design-level report. During foundation work the geotechnical engineer shall provide observation services to ensure the geotechnical recommendations are properly implemented by the contractor. Prior to requesting a final building inspection, the Building Inspection may require documentation of the geotechnical engineer’s observation services during final grading/ foundation work/ lot drainage. The intent of such documentation is to ensure that the lot/ building improvements are in conformance with recommendations in the approved design-level report. The design-level geotechnical report is subject to technical review by the Peer Review Geologist, and by review and approval of the Building Inspection Division. Mitigation Measure Geo 1C Page 10 Noise Construction Noise 19. ____ ____ 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) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the state and federal holidays occur, please visit the following websites: Federal holidays: http://www.opm.gov/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:  Utilize “quiet” models of air compressors and other stationary noise sources where technology exists.  Prohibit unnecessary idling of internal combustion engines. Page 11  Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.  Locate stationary noise generating equipment as far as possible from noise sensitive receptors.  Designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction nois e. The disturbance coordinator would determine the cause of the noise complaints (e.g., starting too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem. Conspicuously post a telephone number for the disturbance c oordinator at the construction site. Mitigation Measure Noise 1 Construction Conditions 20. ____ ____ 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. 21. ____ ____ The worksite shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 22. ____ ____ 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. 23. ____ ____ 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. Page 12 Utilities Wastewater 24. ____ ____ Prior to recording the Parcel map, the applicant shall provide documentation to the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of the Department of Conservation and Development (DCD) that the West County Waste Water District will provide waste water service to the project. Water 25. ____ ____ Prior to Parcel map recordation, the applicant shall provide documentation to the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of the DCD that EBMUD will provide water service to the project. Fire Protection 26. ____ ____ Prior to the issuance of building permits the applicant shall provide documentation to the DCD that the project has complied with the Contra Costa County Fire Protection District requirements including those set forth in their September 11, 2014 letter regarding the Alternative Methods which includes a 60-foot long portion of the median fronting the proposed building that allows for aerial apparatus access with mountable curbs and free of any obstructions North Richmond Planned Unit District Booklet - Residential Development Standards 27. ____ ____ Below number 64 in the “Conditions for Development and Use of Property in the North Richmond Area” section of the North Richmond Planned Unit District booklet insert the following: 64.1 The North Richmond Heritage Point Multi-Family Mixed Use Development Project may include a maximum of 42 multi-family affordable housing units, with up to 4400 square feet of commercial and shall be subject to the following development guidelines: A. Height = 4 stories B. Building Coverage = 55% of site Page 13 C. Access should be secured from Fred Jackson Way D. Shared parking for the use is permitted Construction and Demolition Debris 28. ____ ____ 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. 29. ____ ____ Prior to the recordation of the parcel map the applicant shall submit a Transportation Demand Management (TDM) information program for review and approval of the Department of Conservation and Development. It shall include monthly bus passes for unit residents if they do not have on-site parking, bike sharing, de-coupled parking and information on available parking for residents in the surrounding neighborhood. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION MS14-0007/ PERMIT DP14-3026 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 site plan/tentative map submitted to the Department of Conservation and Development, Community Development Division, on January 22, 2015. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. General Requirements: 30. ____ ____ In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Page 14 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 Tentative Map received by the Department of Conservation and Development, Community Development Division, on January 22, 2015. 31. ____ ____ Applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. 32. ____ ____ Prior to issuance of a building permit, the property owner(s) shall file the Parcel Map merging the separate parcels encumbered by Permit DP14-3026. Roadway Improvements (Frontage): 33. ____ ____ Where not already in place, applicant shall construct curb, 10-foot sidewalk, necessary longitudinal and transverse drainage, street lighting, signage and striping along the frontages of Fred Jackson Way, Grove Avenue and Chesley Avenue. Sidewalk width along commercial frontages shall be 10-feet and 6.5 feet along residential frontages. Reductions may be allowed to accommodate stormwater treatment facilities subject to the review and approval of the Public Works Department. 34. ____ ____ Applicant shall remove any existing driveways that will no longer be in service, and remove and replace any cracked and displaced curb, gutter, and sidewalk along the project frontages of Fred Jackson Way, Grove Avenue and Chesley Avenue. 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. 35. ____ ____ Applicant shall locate any vehicular entrance gates a minimum of 20 feet from the back of sidewalk to allow vehicles to queue without obstructing pedestrian or vehicular through traffic. Access to Adjoining Property: Page 15 Proof of Access 36. ____ ____ Applicant shall furnish proof to the 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 37. ____ ____ Applicant shall obtain an encroachment permit from the Application and Permit Center for construction of driveways or other improvements within the rights-of-way of Fred Jackson Way, Grove Avenue or Chesley Avenue. Sight Distance: 38. ____ ____ Applicant shall provide sight distance at the intersection of the pri vate driveway with Fred Jackson Way in accordance with Chapter 82 -18 “Sight Obstructions at Intersections” of the County Ordinance Code. 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. Street Lights: 39. ____ ____ Applicant shall annex into the Community Facilities District (CFD) 2010- 1 formed for Countywide Street Light Financing. Annexation into a street light service area does not include the transfer of ownership and maintenance of street lighting on private roads. Landscaping: 40. ____ ____ Applicant shall apply to the Public Works Department for annexation to the Community Facilities District (CFD) No. 2006-1 (North Richmond Area Maintenance Services) for the future maintenance of area-wide medians and landscaping. The annexation of property into the CFD must be completed prior to occupancy, and the applicant should be aware that the annexation process may take approximately 60 days. Page 16 Bicycle - Pedestrian Facilities: Pedestrian Access 41. ____ ____ 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; and accommodate a minimum 4-foot landing on top of any curb ramp proposed. 42. ____ ____ 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. Refuse Removal 43. ____ ____ To minimize obstruction of public sidewalks, the applicant shall prepare an operations plan for refuse disposal and pick-up to be reviewed and approved by the Public Works Department and the Department of Community Development. Parking: 44. ____ ____ “No Parking” signs shall be installed along Fred Jackson Way, subject to the review of the Public Works Department and the review and approval of the Board of Supervisors, if necessary. Utilities/Undergrounding: 45. ____ ____ Applicant shall underground all new and existing utility distribution facilities, including those along the frontages of Fred Jackson Way, Grove Avenue and Chesley Avenue. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the Page 17 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: 46. ____ ____ Prior to the start of construction-related activities, the applicant shall prepare a Traffic Control Plan (TCP), for the review and approval of the Public Works Department. Drainage Improvements: Collect and Convey 47. ____ ____ 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 stormwaters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 48. ____ ____ The nearest public drainage facilities are located within the street frontages of Fred Jackson Way, Grove Avenue and Chesley Avenue. Applicant shall verify their adequacy prior to discharging run-off. 49. ____ ____ Applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. Miscellaneous Drainage Requirements: 50. ____ ____ Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 51. ____ ____ The property owner shall dedicate a public drainage easement over any man-made drainage system which conveys stormwater run-off from public streets. Page 18 National Pollutant Discharge Elimination System (NPDES) 52. ____ ____ 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). Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of stormwater 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 stormwater drainage: - Minimize the amount of directly-connected impervious surface area. - Place advisory warnings on all catch basins and storm drains using current storm drain markers. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program to tenants. - Filtering Inlets. - The applicant shall sweep the paved portion of the site at least once a year between September 1st and October 15th utilizing a vacuum type sweeper. Verification (invoices, etc.) of the sweeping shall be provided to the County Clean Water Program Administrative Assistant at 255 Glacier Drive, Martinez CA 94553 (925) 313-2238). - Trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. - Other alternatives comparable to the above, as approved by the Public Works Department. Stormwater Management and Discharge Control Ordinance: 53. ____ ____ The applicant shall submit a FINAL Storm Water Control Plan (SWCP) and a Stormwater Control Operation and Maintenance Plan (O+M Page 19 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 parcel 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. 54. ____ ____ 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). 55. ____ ____ Stormwater 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. 56. ____ ____ Prior to issuance of a building permit, 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. 57. ____ ____ Prior to issuance of a building permit, 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. 58. ____ ____ 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. Page 20 ADVISORY NOTES  The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the North Richmond and West Contra Costa Areas of Benefit, as adopted by the Board of Supervisors.  This project may be subject to the requirements of the Department of Fish and Wildlife. It is the applicant's responsibility to notify the Department of Fish and Wildlife, 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 Wildlife 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 the requirements of East Bay Municipal Utility District.  The applicant shall comply with the requirements of West County Wastewater District.  The applicant shall comply with the requirements of the Contra Costa County Fire Protection District. G:\Current Planning\curr-plan\Staff Reports\Development Plans (DP)\DP14-3026 Heritage Point\Conditions of Approval DP14.3026 REV.doc Richmond Richmond Fred Jackson Way Market Ave Chesley Ave 6th St 5th St 4th St 1st St 2nd St Alamo Ave Silver Ave Truman St Giaramita St Grove Ave Martin Dr Davilla Rd Verde Ave Gertrude Ave Market Ave N Jade St 7th St Chesley Ave York StW Ruby St Kelsey St Filbert St Ruby Ave Cherry St Harrold StW Grove Ave Warren DrN Opal St 7th StMap Created 12/16/2014by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0320640160Feet This map was created by the Contra Costa County Department of Conservation andDevelopment with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Richmond San Pablo El Cerrito Verde School Heritage Senior Apartments Heritage PointProject Site SITE Vicinity Map Exhibit 1Vicinity MapHeritage PointCounty Files, GP13-0004MS14-0007, DP14-3026 §¨¦580 §¨¦80 Heritage Point Mixed Use Project Unincorporated North Richmond Area Contra Costa County Board of Supervisors, April 21, 2015 General Plan Amendment – County File No. GP13-0004 1 Vicinity Map Heritage Point / Unincorporated North Richmond Area 2 Existing Heritage Senior Apartments Complex Directly Across the Street from Project Site 3 Elevations of Proposed Heritage Point Multi Use Project 4 Site Plan Heritage Point Multi Use Project 5 General Plan Amendment County File No. GP13-0004 6