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HomeMy WebLinkAboutMINUTES - 07282015 - D.5RECOMMENDATION(S): A. OPEN the public hearing and receive testimony; B. CLOSE the public hearing; C. FIND that on the basis of the whole record before the County (including the Initial Study and any comments received) that there is no substantial evidence that the project as mitigated will have a significant effect on the environment , and that the March 6, 2014 Mitigated Negative Declaration prepared for the project reflects the County's independent judgment and analysis; D. ADOPT the March 6, 2014 Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; E. ADOPT the attached findings and conditions of approval for County Files #SD12-9312 and #DP12-3008; F. ADOPT an amendment to the General Plan Land Use Map designating 2.35-acres of the subject 8.05-acre site Single-Family Residential, High-Density (SH) from its current Open Space (OS) designation; G. ADOPT Ordinance No. 2015-16 rezoning the 8.05-acre parcel to Planned Unit District (P-1) from Single-Family Residential (R-6), giving effect to aforementioned rezoning; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/28/2015 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: Ruben Hernandez, 674-7785 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: July 28, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Chris Howard D. 5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:July 28, 2015 Contra Costa County Subject:Rolph Park Subdivision General Plan Amendment, Rezoning and Final Development Plan, Crockett. File #GP09-0002; RZ12-3220 and DP12-3002 RECOMMENDATION(S): (CONT'D) H. APPROVE the "Rolph Park Preserve" Final Development Plan as received by the Department of Conservation and Development on April 14, 2015; and I. DIRECT the Community Development Division to post a Notice of Determination with the County Clerk. FISCAL IMPACT: None. The applicant is responsible for all application processing fees. BACKGROUND: I. Executive Summary This hearing is a request for approval of a General Plan Amendment, Rezone and Final Development Plan for the "Rolph Park Preserve" 9-lot subdivision in the Crockett area. The General Plan Amendment is to designate the residential portions of the subdivision (2.35-acres) Single-Family Residential, High-Density (SH) from its current Open Space (OS) designation. The remainder of the site (5.7-acres) will remain within the Open Space (OS) designation. The rezoning is to rezone the entire 8.05-acre property to Planned Unit District (P-1) from Single Family Residential (R-6). The proposed Final Development Plan for the Rolph Park Preserve 9-lot subdivision includes the subdivision improvement as identified in the Vesting Tentative Map received by the Department of Conservation and Development on April 14, 2015 and development and design guidelines as identified in the project conditions of approval. The subject property is a vacant 8.05-acre site located on Pomona Street between Crockett Boulevard and Rolph Park Drive in the Crockett area. The Rolph Park Preserve 9-lot Subdivision and Final Development Plan involves the establishment of 9 new residential lots and one open space lot. The residential lots will range in size from 10,000 square feet (1/4-acre) to up to 14,909 square feet. Eight of the nine lots will be hillside lots with bridge and bay views. The Final Development Plan for the Rolph Park Preserve subdivision provides for the individual development of each lot, or custom home lots. No residences are being proposed at this time. Development of each lot will take place as shown on the Rolph Park Preserve Vesting Tentative Map and as guided by the project conditions of approval and mitigation measures. The guide for development of the lots will be the R-6 zoning district. The lots will be served via a new private roadway which will be accessed off Rolph Park Drive. The private roadway will include curb, gutter and a 4-foot sidewalk on one side of the road. Six guest parking spaces will also be provided within the roadway. In order to reduce the visual impacts of the project, and to comply with various General Plan policies addressing development on hillside properties, the steepest areas of the site, including the areas directly adjacent to Crockett Boulevard, Pomona Street and Rolph Park Drive will be placed into a scenic easement. In addition to the scenic easement, the development rights for all of the 5.7-acre open space lot will be dedicated to the County. II. County Planning Commission Hearing An initial hearing on the project was held before the County Planning Commission on February 10, 2015. At that hearing various members of the public, as well as some members of the Planning Commission, identified various areas of concern regarding the proposed subdivision. The issues identified at the hearing included concerns related to development of hillside lots, the removal of scenic trees, landslide repair, grading issues and foundation construction techniques for the hillside lots. In order to address the concerns, the hearing was continued to the April 14, 2015 hearing date. At the continued hearing, the applicant provided the Planning Commission with additional reports and exhibits addressing their concerns, including a revised vesting tentative map. Staff also made some minor changes to the conditions of approval in order to address some of the concerns identified at the previous hearing. Based on the additional information provided by the applicant, and based on the changes made to the project conditions of approval, the Commission unanimously approved the project as recommended by staff with minor changes to condition of approval #35. No appeals were received. III. Environmental Review In accordance with the provisions of the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, an initial study was prepared to identify any potential impacts that the project may have on the environment. The initial study identified impacts in the areas of aesthetics, biological resources, noise, cultural resources, air quality, geology, hydrology, water quality and utilities. Based on the identified impacts, mitigation measures were incorporated into the project and project conditions of approval to reduce the impact to a less than significant level. On March 6, 2014 a Notice of Public Review and Intent to Adopt a Mitigated Negative Declaration for the project was posted at the County Recorder's Office and circulated for public review. In response to the notice, two comment letters were received from property owners within the vicinity of the project and three letters from other agencies. Staff provided responses to the comments received on the Mitigated Declaration in the February 10, 2015 Planning Commission Staff Report and changes were made to the initial study and mitigation measures. No additional comments were received on the adequacy of the environmental review for the project. IV. Conclusion Staff recommends that the Board of Supervisors approve the General Plan Amendment, Rezone and Final Development Plan as recommended in County Planning Commission Resolution No. 14-2015. CONSEQUENCE OF NEGATIVE ACTION: If the General Plan Amendment, Rezone and Final Development Plan are not approved, the "Rolph Park Preserve" final map cannot be recorded and the project will not be developed, preventing the construction of additional housing within the County. CHILDREN'S IMPACT STATEMENT: The Rolph Park Preserve subdivision will provide new housing that is safe and will provide a high quality of life for children and families in accordance with the Children's Report Card (#5). CLERK'S ADDENDUM CLOSED the public hearing; FOUND that on the basis of the whole record before the County (including the Initial Study and any comments received) that there is no substantial evidence that the project as mitigated will have a significant effect on the environment , and that the March 6, 2014 Mitigated Negative Declaration prepared for the project reflects the County's independent judgment and analysis; ADOPTED the March 6, 2014 Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; ADOPTED the findings and conditions of approval for County Files #SD12-9312 and #DP12-3008; ADOPTED an amendment to the General Plan Land Use Map designating 2.35-acres of the subject 8.05-acre site Single-Family Residential, High-Density (SH) from its current Open Space (OS) designation; ADOPTED Ordinance No. 2015-16 rezoning the 8.05-acre parcel to Planned Unit District (P-1) from Single-Family Residential (R-6), giving effect to aforementioned rezoning; APPROVED the "Rolph Park Preserve" Final Development Plan; and DIRECTED the Community Development Division to post a Notice of Determination with the County Clerk. ATTACHMENTS CPC Reso. 14-2015 Ordinance Map No. 2015-16 Rezoning Map General Plan Amendment Map Rolph Park Preserve Tentative Map Findings and Conditions of Approval CPC Staff Rpt. 4-14-15 CPC Staff Rpt. 2-10-15 Initial Study and MMP Rolph Park Power Point Pomona St Crockett BlvdDu p e ru D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveFrancis St W oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveMap Created 1/29/2015by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0250500125Feet 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. Pomona St Crockett BlvdDu p e r u D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveFrancis St W oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveProposed Zoning Cur rent Zoning Exhibit B: File # RZ12-3220Rezoning MapRolph Par k Preser ve P-1P-1 R-B A-2 R-6 R-6D-1 P-1 R-B A-2 R-6 R-6 D-1 R-6 Project Site ParcelsZoning R-6 (Single Family Residential) D-1 (Two Family Residential) M-12 (Multiple Family Residential) A-2 (General Agricultural) R-B (Retail Business) C (General Commercial) P-1 (Planned Unit) M-12 M-12 Rolph ParkPreserve Rolph ParkPreserve OS SH OS PS SH SLPRCO ML Pomona St Crockett BlvdDu p e r u D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveW oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveMap Created 1/29/2015by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0250500125Feet 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. SH SH OS PS SH SLPRCO ML Pomona St Crockett BlvdDu p e r u D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveW oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveProposed General Plan Cur rent General Plan Exhibit A: File # GP09-0002General Plan Amendment MapRolph Par k Preser ve Project Site ParcelsGeneral Plan ML (Multiple Family Resi - Low) CO (Commercial) SM (Single Family Resi - Medium) SL (Single Family Resi - Low) SH (Single Family Resi - High) OS (Open Space) PS (Public/Semi-Public) PR (Parks and Recreation) Rolph ParkPreserve Rolph ParkPreserve OS SH OS PS SH SLPRCO ML Pomona St Crockett BlvdDu p e r u D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveW oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveMap Created 1/29/2015by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI0250500125Feet 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. SH SH OS PS SH SLPRCO ML Pomona St Crockett BlvdDu p e r u D r Rolph Park DrA StCeres St Heald Ct Flora St Rose St Lillian St 3rd AveRolph Ave2nd AveW oo d ward Ct J u n i p e r C t Cedar CtRedwood Ct 3rd Ave3rd AveProposed General Plan Cur rent General Plan Exhibit A: File # GP09-0002General Plan Amendment MapRolph Par k Preser ve Project Site ParcelsGeneral Plan ML (Multiple Family Resi - Low) CO (Commercial) SM (Single Family Resi - Medium) SL (Single Family Resi - Low) SH (Single Family Resi - High) OS (Open Space) PS (Public/Semi-Public) PR (Parks and Recreation) Rolph ParkPreserve Rolph ParkPreserve FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #SD12-9312 and #DP12- 3008. JOHN DOBLES (APPLICANT) AND QLC MANAGEMENT (OWNER). I. FINDINGS A. Tentative Map Finding Required Finding: The Planning Commission shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general plan required by law. Project Finding: Upon approval by the Board of Supervisors of the general plan amendment to designate the residential portions of the subject property Single- Family Residential, High-Density (SH), the 9 lot subdivision, including all of the subdivision improvements as identified in the final development plan, will be consistent with the provisions of the SH general plan designation. The portions of the project site not to be designated SH will remain within the Open-Space (OS) designation. Per the project conditions of approval, the development rights for the portions of the subject property to remain within the Open-Space (OS) designation will be dedicated to the County. Upon the dedication of the development rights to the County for the Open-Space parcel, the entirety of the subject property will be consistent with provisions of both the Single-Family Residential, High-Density (SH) and Open-Space (OS) general plan designations. The tentative map and final development plan is also be consistent with the goals and policies for the Crockett area, as described in the Land Use Element of the County General Plan (Chapter 3), as well as consistent with the goals and policies found in the Safety Element (Chapter 10) and Conservation Element (Chapter 8) of the County General Plan. B. Growth Management Performance Standards 1. Traffic: The project will result in the creation of 9 new single family residential lots. The expected amount of traffic to be generated by the project is well under the 100-peak hour trip threshold identified in Measure-C for requiring a traffic study. Due to the limited amount of traffic to be generated by the project, the level of Service (LOS) in the vicinity of the project is not expected to be negatively impacted. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 2 of 36 2. Water: The East Bay Mud Municipal Utility District (EBMUD) has indicated that water service is available for the subdivision. The district gave no indication that the project would exceed the district’s capacity to provide public water to the project. 3. Sanitary Sewer: Sanitary service for the subdivision will be provided by the Crockett Communities Service District who has not provided any indication that the project would require the upgrade or improvement of any of their existing facilities. 4. Fire Protection: Fire protection for the subdivision will be provided by the Crockett-Carquinez Fire Protection District. Per the requirements of the fire protection district, the vesting tentative map identifies installation of a fire hydrant within the cul-de-sac of the future subdivision. Crockett-Carquinez Fire Station #79 is located less than ¼-mile from the subject property. 5. Public Protection: According to the Growth Management Program (Chapter 4) of the County General Plan, the standard for public protection (Police Services) is 155 square feet of Sheriff Station area per 1,000 population. The project will generate approximately 23 new residents, which is well below the 1,000 population threshold. 6. Parks and Recreation: According to the Growth Management Program (Chapter 4) of the County General Plan, the growth management standard for providing parks and recreation opportunities is 3 acres of park for every 1,000 of population. The project is expected to increase the population of Crockett by 23, which will not trigger the need for additional parks in the area. 7. Flood Control and Drainage: Per County Ordinance Code requirements, the project is required to collect and convey all stormwater entering and/or originating on the site without diversion and within an adequate storm drain system to an adequate natural watercourse having definable bed and bank, or to an existing adequate public storm drain system which conveys the stormwaters to an adequate natural watercourse. The Public Works Department has indicated that there are known drainage problems downstream of this proposed subdivision. Compliance with the above- noted Code requirements will require the applicant to verify adequacy of the Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 3 of 36 existing storm drain system. Any portions shown to be inadequate will need to be improved to County standards to increase capacity or functionality or, as provided in said Code, obtain a drainage release from all affected downstream property owners to an adequate point of discharge. The applicant is required to obtain all necessary access rights and permits for any off-site improvements. C. Planned Unit District (P-1) Rezone Findings 1. Required Finding: The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. Project Finding: The applicant intends to start construction shortly after approval of the General Plan Amendment, Tentative Map, Final Development Plan and Rezoning. 2. Required Finding: The proposed planned unit district is consistent with the county general plan. Project Finding: Based on the whole of the record, including the County Planning Commission Staff Report, Conditions of Approval, Mitigation Monitoring Plan and Initial Study, and contingent upon approval of the proposed general plan amendment by the County Board of Supervisors, it has been determined that the subdivision, final development plan and rezoning for the nine lot residential project will be consistent with the provisions of the Single- Family Residential, High-Density (SH) and Open Space (OS) designations in which it will be located. Per the vesting tentative map and final development plan, the size, shape and location of the residential lots will be consistent with the development standards of the SH General Plan Designation in which they will be located. As for the 5.05- acre open space/common parcel, per the conditions of approval, the development rights for the open space/common parcel are required to be dedicated to the County upon recordation of the final map. Dedication of the development rights for the 5.05-acre open space/common parcel to the County is consistent with the provisions of the Open Space (OS) designation as described in the Land Use Element (Chapter 3) of the County General Plan. Based on the final development plan, tentative map, mitigation measures and conditions of approval, the project will also be consistent with all pertinent Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 4 of 36 General Plan goals and policies, specifically the goals and policies for the Crockett Area, as identified in the Land Use Element of the General Plan, as well as specific goals and policies found in the Growth Management, Conservation, Open Space, Safety and Noise Elements of the County General Plan. 3. Required Finding: The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Project Finding: The project will provide nine new residential lots in the center of Crockett which is a mature, developed community. The subject site is surrounded by various uses, including residential uses, and is consistent with the pattern of residential development throughout Crockett and in the immediate vicinity of the project. There are a limited number of available, vacant residential lots in the Crockett area, specifically residential lots with views, so the demand for the nine lots is expected to be high. Based on the tentative map and final development plan, the project will be constructed in a safe manner with little or no impacts on the environment. The project will involve the construction of a new private roadway which will be constructed to County private road way standards and provide safe access for emergency vehicles and future residences as well as the construction of storm drain and clean water facilities. In order to ensure the safety of future residences, significant landslide repairs will take place on the site in accordance with the recommendations of the various geotechnical and soil reports prepared for the project, including recommendations and mitigation measures incorporated into the project as recommended by the County Geologist. 4. Required Finding: The development of a harmonious integrated plan justifies exceptions from the normal application of the code. Project Finding: The subdivision and final development plan provide for a safe, harmonious and desirable residential subdivision within the Crockett community. This is supported by the whole of the record including the County Planning Commission staff report, the initial study and mitigation monitoring plan prepared for the project, and the attached conditions of approval. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 5 of 36 Rezoning the project site to the Planned Unit Development (P-1) zoning district allows for the uniform, comprehensive development of the entire subdivision in a manner that will be consistent with the general pattern of residential development in the whole of the Crockett area. The final development plan in conjunction with the conditions of approval and mitigation monitoring plan will ensure that all subdivision improvements, as well as the development of each of the residential lots will occur in a manner that is safe and consistent with the surrounding uses and community. D. Tree Permit Findings Findings: With regard to the removal of 59 code protected trees and work within the dripline of 59 code protected trees, the following findings apply to the project:  Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot.  Where the arborist or forester report has been required, the Community Development Division is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource. E. General Plan Amendment In conjunction with the vesting tentative map, final development plan, rezoning and conditions of approval, the general plan amendment to designate the residential portions of the site (2.35-acres) single-family residential, high-density (SH) from its current open space (OS) designation, would allow the property owner to develop the site in a manner that is consistent with the pattern of residential development in the area of Crockett in which it is located while at the same time bring the open space/common lot (5.7-acres) portion of the site into further conformance with the Open Space designation in which is located. Additionally, according to County GIS data, it has been confirmed that replacement of 2.35-acres of land within the Open Space (OS) designation with land designated for single-family residential use will not violate the 65/36 land preservation standard as approved by the voters with the passing of Measure C-1990. It has also been found that the General Plan Amendment would provide multiple public benefits including the protection of public roadways, and perpetual protection Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 6 of 36 of scenic hillsides. The project description includes the repair of two landslides on the subject property, both of which are causing damage to Crockett Boulevard and Rolph Park Drive, which are public roads. Upon repair of the landslides in accordance with the geotechnical recommendations, mitigation measures and conditions of approval, additional future roadway damage will be reduced or eliminated. In addition to protecting public roadways, the project will also provide perpetual protection for a large portion of the site. Per the conditions of approval, development the rights for the 5.7-acre open space parcel, which will be owned by the homeowners association (HOA), will be dedicated to the County preventing any future development of the 5.7- acre parcel which includes much of the sloped areas of the site. In addition to the dedication of the development rights for the common parcel, a scenic easement will also be recorded over the common parcel and portions of the rear yard areas of lots 5-9, providing additional protection of the hillside portions of the subdivision. Per the attached conditions of approval, upon the recording of the final map for the subdivision, the development rights for the 5.7-acre common lot/open space parcel will be deeded to the County. The 5.7-acre open space/common parcel will include the steepest portions of the subject property, including the areas located between the public roadways (Crockett Boulevard, Pomona Street and Rolph Park Drive) and the future residential lots. The open space parcel will also include the area at the top of the subject property between the residences on Rolph Park Court and the future lots (lots 3, 4 and 5). A significant number of trees are located on the future open space parcel, for which an additional layer of protection will be provided via the granting of development rights. Authorization of the general plan amendment in conjunction with the rezoning, final development plan and subdivision will bring a large portion of the subject property into further conformance with the Land Use Element of the County General Plan, specifically the Open Space designation, while at the same time allow the property owner to exercise the benefits of private ownership as exercised by other property owners in the vicinity of the subject property and throughout the County. Per the provisions of the Growth Management Element of the County General Plan, it has been determined that the subdivision, rezoning, final development plan and general plan amendment will not result in a reduction of traffic levels of service and will not result in a need for additional facilities in order to maintain performance standards for fire, police, sanitary services, water and flood control services. The basis for this determination can be found in the Growth Management Findings Section (Section B) above. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 7 of 36 II. CONDITIONS OF APPROVAL FOR COUNTY FILES #SD12-9312 AND DP12-3002. JOHN DOBLES (APPLICANT) AND QLC MANAGEMENT (OWNER) 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. Vesting Tentative Map, Rolph Park Preserve Tract No. 12-9312, dated received by the County on April 14, 2015; B. Geotechnical Investigation on Proposed Residential Development - Rolph Park Drive. KC Geotechnical Engineering Consultants. May 30, 2006; C. Geologic Peer Review prepared by Darwin Myers Associates. Dated October 12, 2012; D. Preliminary Geotechnical-Geological Mitigation Map. Prepared by KC Engineering and Joyce Associates. Dated received September 20, 2012. E. Earthwork Plan Map. Prepared by Robert A. Karn and Associates, Inc. Dated received September 20, 2012. F. Storm Water Control Plan for Rolph Park Preserve – Tentative map, Crockett, CA. Robert A. Karn & Associates. September 17, 2013; G. Tree Preservation Report – Crockett Pomona Street Project. Prepared by Ed Brennan, Consulting Arborist. April 2011; H. Rolph Park Preserve Tree Planting Plan. Prepared by Scott Lipscomb Landscape Architect. Dated June 23, 2014. 2. Approval of the tentative map is contingent upon approval of the General Plan Amendment (#GP09-0002), Final Development Plan (#DP12-3002) and Rezoning (#RZ12-3220) by the Board of Supervisors. 3. This permit authorizes the development of nine (9) single-family residential lots, one open space/common lot and associated subdivision improvements as identified in the vesting tentative map and other relevant documents as referenced above. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 8 of 36 Indemnification 4. At least 30 days prior filing the Final Map, the applicant shall submit a letter stating the following: “Pursuant to Government Code Section 66474.9, the applicant (including the sub-divider or any agent thereof) shall defend, indemnify, and hold harmless the County and its 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, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the sub-divider of any such claim, action, or proceeding and cooperate fully in the defense.” Payment of Fees 5. This application is subject to an initial application deposit of $21,687 which was paid with the application submittal, plus time and materials costs if the application review expenses exceed 100% if the initial deposit. Any additional costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The applicant 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. Compliance Report 6. At least 45 days prior to filing of the Final Map or issuance of a grading permit, whichever occurs first, the applicant shall provide a permit compliance report to the Department of Conservation and Development, Community Development Division (CDD) for review and approval. The report shall identify all conditions of approval that are administered by the CDD. The report shall document the measures taken by the applicant to satisfy all relevant conditions. Copies of the permit conditions may be obtained from the CDD. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to filing the Parcel Map. The permit compliance review is subject to staff time and materials charges, with an initial deposit of $1,000 which shall be paid at the time of submittal of the compliance report. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 9 of 36 Dedication of Development Rights/Open Space Easement 7. The development rights for the Open Space Parcel/Common as shown on the Vesting Tentative Map dated received November 18, 2014, shall be dedicated to the County with the recording of the final map. The language for the dedication of development rights shall be submitted at least 30 days prior to the filing of the final map and shall be subject to review and approval of the Community Development Division prior to recording of the final map. 8. In addition to the dedication of development rights to the County for the Open Space Parcel/Common Lot, a scenic easement shall be recorded over the Open Space Parcel/Common Lot and over the portions of lots 5-9 as shown on the Vesting Tentative Map dated received by the County on November 18, 2014. The language for the scenic easement shall be submitted at least 30 days prior to the filing of the final map and shall be subject to review and approval of the Community Development Division prior to recording of the final map. Development Standards (R-6) 9. Unless otherwise stated in the conditions of approval or identified in the exhibits herein, the guide for development shall be the Single Family Residential (R-6) District. Covenants, Conditions and Restrictions (CC&R’s) 10. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review with the final map, and shall be subject to review and approval by the CDD. This document shall provide for establishment, ownership and maintenance of the common open space, and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets, and establishment of signs. The CC&Rs shall incorporate the Design Guidelines and Criteria and fencing conditions of approval as identified in the following conditions of approval. Design Guidelines 11. Prior to recording of the final map, the applicant shall provide residential design guidelines for the subdivision for review and approval of the Community Development Division. The guidelines shall be incorporated into the subdivision CC&R’s. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 10 of 36 Design Criteria for Lots 2-9 12. At least 60 days prior to the issuance of a building permit for new single family residence on lots 2-9, a compliance review application, along with the appropriate filing fee, shall be submitted to the Community Development Division (CDD) for review and approval. The application shall include complete site plans, landscaping plans and building elevations. [MM 1a(i)] 13. The following design criteria apply to lots 2-9: - Building height shall be limited to 30-feet; - The maximum building height for Lot 4 shall not exceed the 190-foot elevation or 30 feet of building height whichever is lowest; - Buildings shall be cut into hillside to reduce effective visual bulk; - Terracing of buildings shall be parallel with slope; - Large expanses of any material in a single plane shall be avoided; - On downhill elevations, buildings mass shall be broken up with horizontal and vertical elements; - Cantilevering of buildings or decks on downhill slopes shall be avoided; - Two story vertical walls shall be avoided on down slopes; - Open or enclosed crawl spaces exceeding 6-feet at exterior of building shall be avoided; - Exposed retaining walls over 6-feet in height in a uniform plane shall be avoided. [MM 1a(ii)] Tree Removal/Replacement 14. The alteration or removal of trees for the placement of a drainage ditch behind Lot 4 as shown on the November 18, 2014 Vesting Tentative Map is not part of the project approval. Alteration or removal of any trees not identified for removal or alteration in the April 4, 2011 Tree Preservation Report is prohibited without prior issuance of a tree permit to do so. 15. Prior to issuance of the grading permit for the subdivision or as part of the subdivision agreement, the developer shall submit a tree planting and irrigation plan, prepared by a licensed arborist or landscape architect, for the review and approval of the Zoning Administrator. The plan shall provide for the planting of a minimum of Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 11 of 36 sixty (60) trees of a drought-tolerant species, minimum 15-gallon size. The trees shall be planted on, or around, the rear yard areas of lots 5, 6, 7, 8 and 9 in order to break up the massing of future residences. The plan shall comply with the State’s Model Water Efficient Landscape Ordinance or, if adopted, the County Ordinance. Verification of such shall accompany the plan. The plan shall also include an estimate prepared by a licensed landscape architect or landscape contractor of the materials and labor costs to complete the improvements (accounting for supply, delivery, and installation of trees and irrigation). 16. An automatic drip irrigation system with an electric timer shall be installed on all replacement trees. This system shall operate for a minimum three-year period to ensure that the trees are successfully established. 17. Annual mitigation reports documenting tree survivorship, complete with photographs, shall be submitted to Contra Costa County Department of Conservation and Development by December 1 of each year for a three-year period. If survivorship falls below 85 percent, replacement planting shall be necessary and the replacement trees monitored for an additional three-year period. 18. To ensure that replacement planting, irrigation, and annual monitoring is completed, prior to the issuance of a grading or building permit, or as part of the subdivision agreement, whichever occurs first, the applicant shall submit a security that is acceptable to the Community Development Division (CDD). The security shall cover the costs of tree replacements, planting, and irrigation as required above. The security shall be the amount of the approved cost estimate described above, plus a 20% inflation surcharge. At the end of the three year monitoring period, if tree planting has been deemed successful (that is, 85 percent survivorship), the deposit shall be returned to the applicant. [This cash deposit is different and separate from the cash deposit/security required for the tree preservation mitigation measures]. 19. Initial Deposit for Processing of Security: The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $100.00. 20. When the replacement trees and irrigation have been installed, the applicant shall submit a letter to the Department of Conservation and Development, Community Development Division, to be composed by the landscape architect, arborist, or Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 12 of 36 landscape contractor, verifying that the installation has been done in accordance with the approved planting and irrigation plan. 21. At 12 and 24 months following completion of implementation of the plan, the applicant shall arrange for the consulting arborist to inspect the replacement trees and to prepare a report on the trees’ health. The report shall be submitted for the review of the Zoning Administrator and it shall include any additional measures necessary for preserving the health of the trees. These measures shall be implemented by the applicant. Any replacement tree that dies within the first two years of being planted shall be replaced by another tree of the same size. 22. Any tree proposed to be saved in the work area (regardless of its DBH) shall be fenced with orange construction fencing at the dripline of the tree (that is, outer edge of the canopy) prior to conducting any earth-moving or earth-disturbance work on the site. 23. Prior to any tree removal, the exact number of protected trees (6.5 inches DBH or greater) to be removed shall be tallied and shown on all project engineering drawings/construction plans/grading plans so that accurate mitigation numbers can be calculated. [MM 4e(i)] Tree Replacement Security 24. Security for Possible Damage to Trees Intended for Preservation: Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance, to address the possibility that subdivision construction activity damages trees that are to be preserved, the applicant shall provide the County with a security to allow for replacement of trees that are significantly damaged or destroyed by construction activity. Prior to issuance of grading permits or building permits, whichever occurs first, the applicant shall provide a security that is acceptable to the Department of Conservation and Development, Community Development Division (CDD). a. Amount of Security: The security shall be an amount sufficient to cover: i. Preparation of a tree planting and irrigation plan by a licensed landscape architect, arborist, or landscape contractor. The plan shall provide for the planting and irrigation of 60 trees, minimum 15 gallons in size, or an equivalent planting contribution as determined appropriate by the CDD. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 13 of 36 The plan shall comply with the State’s Model Water Efficient Landscape Ordinance or the County’s Water Efficient Landscape Ordinance, if the County’s ordinance has been adopted, and verification of such shall accompany the plan. If deemed necessary by the CDD, the plan shall be implemented prior to final inspection. ii. The estimated materials and labor costs to complete the improvements shown on the approved planting and irrigation plan (accounting for supply, delivery, and installation of trees and irrigation). iii. An additional 20% above the costs described in sections above to account for inflation potential. b. Initial Deposit for Processing of Security: The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $100. c. Duration of Security: Prior to issuance of the final building permit for grading or subdivision improvements, the applicant shall submit a letter to the CDD, composed by a consulting arborist, describing any construction impacts to trees intended for preservation. The security shall be retained by the County for a minimum of 12 months up to 24 months beyond the date of receipt of this letter. As a prerequisite of releasing the bond between 12 and 24 months, the applicant shall arrange for the consulting arborist to inspect the trees and to prepare a report on the trees’ health. The report shall be submitted to the CDD for review, and it shall include any additional measures necessary for preserving the health of the trees. These measures shall be implemented by the applicant. In the event that the CDD determines that trees intended for preservation have been damaged by development activity, and that the applicant has not been diligent in providing reasonable restitution of the damaged trees, then the CDD may require that all or part of the security be used to provide for mitigation of the trees damaged, including replacement of any trees that have died. [MM 4e(ii)] Fencing Restrictions 25. Fencing for rear yards and side yards is restricted to open space/open wire fencing only for all lots. Fencing restrictions and design guidelines shall be incorporated into Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 14 of 36 the project CC&Rs and shall be subject to review and approval of the Community Development Division prior to recording of the final map. Construction Conditions 26. Contractor and/or developer shall comply with the following: A. All construction activities shall be limited to the hours of 8:00 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 details on the actual days that the state and federal holidays occur, please visit the following websites: Federal: http://www.opm.gov/Operating_Status_Schedules/fedhol/2014.asp State: http://www.sos.ca.gov/holidays.htm B. 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 and concrete pumpers as far away from existing residences as possible. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 15 of 36 C. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. D. Construction equipment shall be parked onsite to the maximum extent practicable. E. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. Any debris found outside the site shall immediately be collected and deposited in appropriate receptacles. 27. The construction control measures listed below shall be implemented during project construction and shall be included on all construction plans: - All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two 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 visible emissions evaluator; - Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations; Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 16 of 36 - Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); - Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); - Limit traffic speeds on unpaved roads to 15 mph; - Install sandbags or other erosion control measures to prevent silt runoff to public Roadways; - Replant vegetation in disturbed areas as quickly as possible; - Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; - Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) ofconstruction areas; - Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph; - Limit the area subject to excavation, grading and other construction activity at any one time. - Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to three minutes; - Clear signage shall be provided for construction workers at all access points. (MM 3d and 3e) Debris Recovery 28. At least 15 days prior to the issuance of a grading permit or building permit the developer shall demonstrate compliance with the debris recovery program, which requires at least 50 percent of the jobsite debris generated by construction projects of 5,000 square feet or greater to be recycled, or otherwise diverted from landfill disposal. All green waste shall be delivered to a permitted green waste recycling facility and the developer shall provide evidence to CDD that 100% of the green waste generated by the project was delivered to a permitted green waste recycling facility. Cultural Resources 29. In the event that buried paleontological resources are encountered during project grading, site preparation, and/or construction; construction and/or grading activities within 100 feet of the find shall be temporarily halted until a qualified paleontologist Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 17 of 36 can assess the significance of the find and provide proper management recommendations. Paleontological resources include, but are not limited to, fossils and material remains. (MM 5c) 30. If human remains are encountered during ground-disturbing activities within the project area, the County Health Services Department shall require that work within 25 feet of the discovery shall be stopped and the project contractor shall immediately notify the Contra Costa County Coroner. At the same time, a qualified archaeologist meeting federal criteria under 36 CFR 61 shall be contacted by the County Health Services Department to assess the situation and consult with the appropriate agencies. If the human remains are of Native American origin, the Coroner shall 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 any associated grave goods. Upon completion of the assessment, the qualified archaeologist shall prepare a report documenting the background to the finds, and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The report shall be submitted to the County Department of Conservation and Development, County Health Services Department, and the Northwest Information Center. Once the report is reviewed and approved by the agencies identified above, and any appropriate treatment completed, project construction activity within the area of the find may resume. [MM 5d(i)] 31. Prior to the issuance of grading permits, the County Department of Conservation and Development shall require that the County Health Services Department and project contractor provide documentation that all construction crews that will work on the project have undergone a training session to inform them of the presence and nature of federal or state-eligible cultural resources and the potential for previously undiscovered archaeological resources and human remains within the project area, of the laws protecting these resources and associated penalties, and of the procedures to follow should they discover cultural resources during project-related work. [MM 5d(ii)] Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 18 of 36 Noise Conditions 32. In order to provide for a DNL of 45 dB or less for lots 2-9 the following construction techniques shall be incorporated into the design of the future residences, specifically for exterior walls with unobstructed views of Highway 80 to the north and west:  Walls: Exterior layer such as siding, plaster, or brick, wood-studs and 2 ½” of mineral fiber insulation in cavity, and interior layer of ½” gypsum board.  Windows: 1/8” double glazing with ¼” air gap.  Roof: roofing and gypsum board ceiling. Geological Conditions 33. At least 30 days prior to issuance of a grading permit or recordation of the Final Map, the project proponent shall submit a design level geotechnical report and grading /drainage plans for review by the County Geologist, and review/ approval of the Community Development Division. The geotechnical report shall (a) provide performance criteria for assessment of the stability of engineered slopes, (b) identify the methods to be used to evaluate stability, and provide justification for their selection, (c) evaluate the stability of all major slopes based on the engineering properties of rock and soil on the site and on the level of anticipated earthquake shaking that is forecasted, (d) evaluate the consistency of the grading and drainage plans with the recommendations in the design level geotechnical report, and (e) identify the slopes that are proposed for corrective grading and indicate the type of corrective grading that is proposed on a slide-by-slide basis and provide detailed design recommendations for corrective grading of landslides. The review of the grading and drainage plans is to ensure that the proposed grading and the areas designated for private open space are consistent with General Plan policy, the Final Development Plan, and with the mitigation measures in the CEQA document for the project. It is anticipated that additional subsurface exploration will be needed to confirm/ refine the geotechnical engineer’s preliminary interpretation on the distribution and engineering properties of the landslides and colluvium on the site, local groundwater conditions, and the depth to competent bedrock and the engineering properties of rock and soil on the site. 34. At least 30 days prior to issuance of grading permit or installation of utilities, submit a final geotechnical report for review of the County Geologist, and review and approval Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 19 of 36 of the Community Development Division. Improvement, grading, and building plans shall carry out the recommendations of the approved report. This report shall provide a final review/assessment of stability, and evaluate potential for seismic settlement and other types of seismically-induced ground failure by recognized methods appropriate to soil conditions discovered during the previous subsurface investigation. It shall also provide final recommendations for pad grading, drainage and foundations. The report shall identify any cut/ fill and differential fill lots requiring special foundation recommendations. The final geotechnical report shall include provision for monitoring fill settlement and water levels in major fills. 35. The final geotechnical report shall outline the monitoring and testing services recommended by the geotechnical engineer during construction. A geotechnical engineer will provide observation and testing services throughout site preparation and grading work, including pad preparation, foundation pier drilling and installation and drainage-related work. Prior to requesting the final inspection of grading, submit a Grading Completion report to be submitted to the Building Inspection Division and include in that report of the results of settlement monitoring along with recommendations for any on-going settlement monitoring during buildout of the project. 36. The maximum allowable gradient for engineered slopes in the project shall be 2:1 (horizontal to vertical). Where the design objectives of the project require steeper slopes, special engineering shall be required (e.g. reinforced earth or engineered retaining walls). Hillside graded slopes shall be contour rounded to mimic natural terrain features. Final graded slopes shall be track-walked with salvaged topsoil (typically 3-4 inches deep), and re-vegetated. 37. The project shall be compliant with the drainage standards of the County Grading Ordinance. However, concrete lined J-ditches shall be considered and acceptable alternative to concrete lines ditches on drainage terraces. (Where drainage ditches are designed and constructed with gradients of at least 5 percent they are self-cleaning.) 38. Prior to recording of the final map a Geologic Hazard Abatement District (GHAD) shall be established to ensure long-term abatement of potential geologic hazards, including maintenance of major drainage improvements, corrective grading of any landslides that threated improvements, and control of hillside erosion. The GHAD shall be funded through property tax assessments, and governed by a Plan of Control. The budget for the GHAD shall include funding for routine inspections and maintenance, repair of improvements when necessary, and a contingency for report Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 20 of 36 of a major landslide. The project could form a stand-alone GHAD or join an established GHAD. (MM 6a-iv) 39. Grading activities shall be restricted to the summer construction season (April 15th through October 15th. Any earthwork done after October 15th shall be limited to activities directly related to erosion control, unless an extension of the grading season is specifically authorized by the Building Inspection Division. 40. Prior to issuance of the Grading Permit the applicant shall submit an Erosion Control Plan and SWPPP to the Grading Section of the Building Inspection Division of the Department of Conservation and Development for their review and approval. The measures employed to control erosion must be based on site-specific needs of the project. Measure employed to control erosion within the project should include the following: - Minimize the areas of exposed, erodible soils, and avoid over-concentration of rapidly flowing runoff on unprotected/ erodible areas. Wherever feasible, isolate runoff from ungraded areas, thereby simplifying erosion control and sediment control measures with the graded areas. - The erosion control plan to include water bars, temporary (or permanent) drainage ditches and culverts, erosion-control blankets, hydroseeding, silt fences/ straw bales, and sediment trap basins. - Track walk salvaged topsoil on any slopes possessing final gradients of 3:1 (or flatter). Typically the soil placed on final graded slopes is 3-4 inches thick, and is placed prior to the on-set of winter rains. - A comprehensive program for inspection and maintenance of the graded areas throughout the winter rainy season, including provisions for documenting maintenance activities. 41. To reduce potential long-term impacts on erosion and sedimentation, provide for appropriate design of facilities that efficiently trap sediment, and provide for their inspection and maintenance over the long term, including the following: - Permanent sediment trap basins/ grassy swales at strategic locations; Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 21 of 36 - Wherever feasible, place major drainage facilities in open space within the project or within road right-of-ways. (Drainage ditches in the rear yard of private residential lots can be more difficult to maintain, even in cases where there is an easement for maintenance; - Concentrated runoff shall not be allowed to drain over cut or fill slopes; and - The location of lined drainage ditches shall be shown on drainage plans that are submitted with the design-levelgeotechnical report that is required prior to recordation of the Final Subdivision Map. The drainage plan is subject to technical review and approval of the County. (MM 6b) 42. The design of infrastructure that is to be located in undeveloped open space shall be submitted at least 30 days prior to requesting recordation of the Final Subdivision Map (including grading, drainage, elevations and any proposed landscaping). The design should be based on a grading plan and the geotechnical study prepared as part of the design level grading study for the project. The submittal is subject to review by the County Peer Review Geologist as well as review and approval of the Community Development Division (CDD). (MM 6c) 43. The geotechnical report shall provide specific standards for backfilling of utility trenches and for the design of any stormwater treatment facilities located in proximity to foundations (i.e.facilities intended to slow runoff and encourage infiltration).Ordinarily, such facilities should be constructed on competent bedrock. Where they are proposed for areas of deeply weathered or highly sheared rock, the geotechnical engineer shall provide geotechnical design recommendations. (MM 6c) 44. Prior to the issuance of grading or building permits a design level geotechnical report shall be prepared and submitted to the County for review. The 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 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 with provide CBC seismic parameters, and lot drainage recommendations, along with recommendations for geotechnical monitoring services during foundation-related work on the site. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 22 of 36 45. The design-level geotechnical report shall also identify cut/fill transition lots and differential fill lots that will require special foundations, and will provide recommendations for grading of these lots. 46. Following rough grading the geotechnical engineer shall perform corrosivity testing of building pads to determine which, if any, of the lots require special precautions to avoid damage to improvements that are in contact with the ground (concrete or steel). 47. 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. 48. 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 lot 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. 49. The design-level geotechnical report is subject to peer review by the Peer Review Geologist, and by review and approval of the Building Inspection Division. (MM 6d) Biological Conditions Special Status Plants 50. Prior to initiating any earth-moving or site grubbing work, special-status plant surveys shall be conducted by a qualified botanist during the spring (March through June) to look for Diablo helianthella, bent flowered fiddleneck, and any other special-status plant species that could be present in the project site’s grassland and oak woodland communities. These surveys shall be in compliance with all CDFW (2000) and CNPS (2001) published survey guidelines. Site grubbing or grading work shall not be initiated until all special-status plant surveys are completed and their findings reported to the County’s Department of Conservation and Development. 51. If special-status plant species are found during surveys, those individuals or populations shall be avoided to the maximum degree possible. If avoidance is not Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 23 of 36 possible while otherwise obtaining the project’s objectives, then other suitable measures and mitigation shall be developed in consultation with the agencies that are responsible for protection of that plant species based on its protection status [i.e., the County if protected by CEQA (for CNPS List 1B and 2 species), CDFW (protected by California law/regulation), or USFWS (protected by federal law/regulation)]. All resource agency requirements shall be submitted to the County for its records and must be implemented prior to site disturbance. Appropriate mitigation prescriptions for impacts on special-status plants shall be included as conditions of project approval as detailed below. 52. After completion of the special-status plant surveys, a special-status plant survey report that includes the methods used, survey participants, and findings shall then be prepared and submitted to the County Department of Conservation and Development. The special-status plant report shall be reviewed by a County planner or biologist. If the report documents that there are no special-status plants within the project site then there would be no further requirements for rare plants and the project may proceed without regard for rare plants, provided all other applicable permits and authorizations are obtained for the project. 53. A CNDDB form shall be filled out and submitted to CDFW for any special-status plant species identified within the project site. 54. If special-status plant species are found during surveys, and avoidance is not feasible, a mitigation plan shall be developed as discussed below. If a state listed plant species (that is, a plant protected pursuant to the California Endangered Species Act) is identified, the mitigation must be developed in consultation with CDFW personnel. If the plant is state listed, an incidental take permit (i.e., a 2081 Agreement) shall be acquired for the project from CDFW prior to any work within the project area. A copy of this permit shall be provided to the County Department of Conservation and Development prior to any earth-moving work within the project area. Any conditions for the project established by CDFW in the 2081 Agreement shall become conditions of the project also enforceable by the County. 55. If a plant is found on the project site that is a CNPS List 1B or 2 species, and the species is not otherwise protected pursuant to state or federal regulations, prior to work within the project area, a qualified botanist shall collect the seeds, propagules, and top soils, or other part of the plant that would ensure successful replanting of the population elsewhere. The seeds, propagules, or other plantable portion of all plants shall be collected at the appropriate time of the year. Half of the seeds and top soils Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 24 of 36 collected shall be appropriately stored in long-term storage at a botanic garden or museum (for example, Rancho Santa Ana Botanic Garden). The other half of the seeds, propagules, or other plantable portion of all plants shall be planted at the appropriate time of year (late-fall months) in an area that will not be impacted by the project (project open space) or at an offsite preserve (with prior approval from the preserve manager). The applicant shall hire a qualified biologist to conduct annual monitoring surveys of the transplanted plant population for a five year period and shall prepare annual monitoring reports detailing the success or failure of the transplanting effort. These reports shall be submitted to the County Department of Conservation and Development no later than December 1st each monitoring year. If the seeding/transplanting effort fails, the stored seeds and top soils can be taken out of long-term storage and sown in another location (either onsite or offsite) deemed suitable by CDFG. This seeding effort shall then be monitored for an additional three year period to ensure survivorship of the new population. Annual monitoring reports shall be submitted to the County for the three year period. 56. In lieu of the above prescribed mitigation, as allowed in writing by the County (for CEQA protected species only) and/or CDFW (for state listed species), mitigation requirements may be satisfied via the purchase of qualified mitigation credits or the preservation of offsite habitat. [MM 4a(i)] Alameda Whipsnake 57. In order to address the possibility that the Alameda whipsnake could use the coyote brush scrub and cotoneaster “scrub” on the project site, a federal permitted 10(a)(1)(A) Alameda whipsnake biologist shall evaluate the project site and prepare a “habitat assessment.” If after completing the habitat assessment the federal permitted Alameda whipsnake biologist determines that the project site does not provide suitable habitat for the Alameda whipsnake then no further regard for this snake species shall be necessary. 58. If the federal permitted Alameda whipsnake biologist determines that the project site provides suitable habitat for the Alameda whipsnake then the habitat assessment report shall be submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Game in addition to the County Department of Conservation and Development, along with a request to conduct a protocol level trapping study on the project site. If during the trapping study the presence of the Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 25 of 36 Alameda whipsnake is confirmed, an “incidental take” permit from the U.S. Fish and Wildlife Service and the California Department of Fish and Game shall be required prior to proceeding with the project. Mitigation, as stipulated in the incidental take permits, would also be required to offset the project’s impact on this species and its habitat. Any mitigation stipulated in Federal and State permits would become a condition of project approval. Or, in lieu of conducting a trapping study, the applicant can assume the Alameda whipsnake’s presence onsite and mitigate for the project’s impact on its habitat. Mitigation for impacts to the Alameda whipsnake and its habitat would be as stipulated in permits issued/authorized by the U.S. Fish and Wildlife Service and the California Department of Fish and Game and would become conditions of project approval. 59. If a trapping study confirms the presence of Alameda whipsnake or the applicant “assumes presence” of this snake in lieu of conducting a trapping study, then the County shall not issue a grading permit for the proposed project until incidental take permits are issued from USFWS and CDFG, and mitigation has been implemented as discussed in the permits. Under these circumstances, to proceed with the proposed project without an incidental take permit would be a violation of the California and Federal Endangered Species Acts. [MM 4a(ii)] Nesting Raptors and Passerine Birds 60. If any earth-moving activity or tree removal would occur onsite during the nesting season (February 1 to September 1 for passerine and song birds and March 15 to September 15 for raptors. If fully protected, threatened, or endangered species occur in the project vicinity, CDFW should be consulted and significantly larger buffers should be required), a preconstruction nesting survey shall be conducted by a qualified ornithologist. This survey shall be conducted no more than 14 days prior to construction. If raptors are nesting on the project site or within a sphere of influence of the project site (that is, immediately offsite), a minimum 250-foot non-disturbance buffer shall be established around the nest tree. The 250-foot raptor nesting buffer may be modified to a minimum of 100 feet if a qualified raptor biologist determines that there are sufficient natural barriers and/or the nesting birds are acclimated to human disturbance that would otherwise protect the nesting raptors (“qualified” indicates the biologist has specific education in ornithology and demonstrated field experience with nesting raptors). Any reduction in the buffer size would require routine monitoring by the qualified raptor biologist until such time that young Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 26 of 36 fledge and reach independence of the nest. If a non-special-status passerine bird is identified nesting on the project site a non-disturbance buffer of 50 feet shall be established around the nest tree. This 50-foot non-disturbance buffer cannot be adjusted. Any special-status passerine bird found nesting onsite (for example, a loggerhead shrike (Lanius ludovicianus) would be afforded a 75-foot nesting buffer. This 75-foot non-disturbance buffer cannot be adjusted. 61. Any established buffer shall be fenced with orange construction fencing. A County appointed biologist will periodically monitor the nest site(s) to determine if earth- moving or construction activities occurring outside the buffer zone disturbs the birds, and if the buffer zone should be increased to prevent nest abandonment. No disturbance shall occur within the 250-foot buffer zone for raptors (or 100-foot zone, if so adjusted) and 50-foot zone for common passerines or 75-foot zone for special- status passerines, until a qualified biologist has determined that the young have fledged (left the nest), and are flying well enough to avoid project construction zones, typically by July 15th, but sometimes not until August. 62. Any qualified biologist hired to conduct nesting surveys or that monitors any active nests shall have the authority to shut the job down if this is necessary to protect the nesting birds. At the time the ornithologist determines that the nesting cycle is complete (assumes that young have fledged the nest) and that young are no longer dependent upon the nesting tree, the project may resume without any restrictions for nesting birds. [MM 4a(iii)] Wetlands 63. Mitigation for impacts to waters of the U.S./State shall require that a qualified wetland consultant complete a wetland delineation and submit it to the Corps for verification. Once that map is “verified,” the full extent of waters of the U.S./State would be known and the extent of proposed impacts to regulated areas can be ascertained. 64. Authorization from the Corps and the RWQCB (for example, a Nationwide Permit from the Corps and a Certification of Water Quality from the RWQCB) shall be obtained as necessary/ required by these agencies prior to filling any waters of the U.S./State on the project site. 65. Impacts to wetlands and other waters shall also be minimized via implementation of a Best Management Practices (BMPs) plan that when implemented will protect Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 27 of 36 preserved waters of the U.S./State from inadvertent fill and or project-related water quality degradation. These practices can include installing orange construction fencing buffers, straw waddles, silt fencing, etc. to keep di minimus fill from entering preserved/avoided wetlands and other waters. During project construction, a biological monitor shall be onsite to monitor the integrity of any preserved wetlands and other waters. Wetland areas that are filled by the proposed project shall be mitigated via implementation of a wetlands compensation plan that is submitted to the Corps and RWQCB in advance of impacts to wetlands and other waters. As approved by the Corps and the RWQCB, the project applicant may purchase mitigation credits from an approved wetland conservation bank or an approved in- lieu fee mitigation entity at a minimum 2:1 ratio. 66. As an alternative to the purchase of credits in a mitigation bank, wetlands may be created onsite and, if so, shall have an equal or higher functional value than those wetlands affected by the project (known as in-kind replacement). If wetlands cannot be created in-kind and onsite, other alternatives shall include off-site and/or out-of- kind wetland compensation. In any case, mitigation requirements for wetland areas that are not avoided shall be that all impacted wetlands are replaced at a minimum 2:1 ratio (for each square foot of impact, two square feet of wetland would be restored/created) or at a ratio determined by the RWQCB and Corps at the time regulatory permits are authorized for the proposed project by these agencies. 67. If the applicant will implement its own wetland mitigation program, mitigation requirements shall be based upon the existing conditions of the wetlands that would be impacted. Where practicable, wetland plant/animal populations shall be relocated from the wetlands that would be impacted to any re-created wetlands. Topsoils shall also be removed from wetlands that would be impacted if practicable, and placed into the re-created wetlands. These topsoils would contain a seed bank of the impacted plant species which would germinate with fall/winter hydration of the re- created wetlands. If wetlands are restored/created, adequate compensation shall include creating wetlands at a suitable location that meet the following performance standards: - The wetlands shall remain inundated or saturated for sufficient duration to support a predominance of hydrophytic vegetation. - The wetlands shall exhibit plant species richness comparable to existing wetlands. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 28 of 36 - The wetlands shall replace the lost wetlands at a minimum ratio of two acres created for each acre, or fraction thereof, permanently impacted. - The applicant shall provide for the protection of the mitigation areas in a permanently protected preserve in perpetuity either through deed restrictions or recordation of a conservation easement. Financial assurance for the long- term in perpetuity management of the conserved lands shall be provided to the County, the Corps and RWQCB by the applicant prior to the time wetlands are impacted. - If the applicant chooses to create wetlands on the project site or at a permanently preserved offsite mitigation site that is approved by the Corps and the RWQCB in writing, the applicant shall establish a five-year program to monitor the progress of any created mitigation wetlands. At the end of each monitoring year, an annual report shall be submitted to the County, the RWQCB, and the Corps. This report shall document the hydrological and vegetative condition of the mitigation wetlands, the progress of wetland towards meeting pre-established Success Criteria, and shall recommend remedial measures as necessary to correct deficiencies. (MM 4c) Inclusionary Housing Ordinance 68. Concurrent with the recording the final map, a deed disclosure shall be recorded with each lot informing future buyers that prior to the issuance of a building permit for a new residence on the subject lot an in-lieu fee of $3,874.89 shall be paid to the Department of Conservation and Development in accordance with the County’s Inclusionary Housing Ordinance. 69. In accordance with the provisions of the County’s Inclusionary Housing Ordinance, an in-lieu fee of $3,874.89 shall be paid to the Department of Conservation and Development prior to the issuance of a building permit for development of each lot. Police Services District 70. Election for Establishment of a Police Services District to Augment Police Services: Prior to the recording of the parcel map, 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 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 developer Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 29 of 36 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. Park Dedication Fees 71. Prior to the issuance of the building permit for each unit, the applicant shall pay the appropriate Park Dedication Fee for each unit as required per Chapter 920-6 of the County Code. Child Care Fees 72. The applicant shall pay a fee of $400.00 per unit toward child care facility needs in the area as established by the Board of Supervisors. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION 12-9312/ DP12-3002/GP09-002 /RZ12-3220 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/vesting tentative map submitted to Department of Conservation and Development, Community Development Division dated received November 18, 2014. UNLESS OTHERWISE NOTED COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE FINAL MAP. General Requirements 73. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. Any necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. Roadway Improvements (Frontage) Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 30 of 36 74. Any cracked and displaced curb, gutter, and sidewalk shall be removed and replaced along the project frontage of Rolph Park Drive, Pomona Street, and Crockett Boulevard. 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. 75. Applicant shall install safety related improvements on all streets (public and private including traffic signs and striping) as approved by the Public Works Department. Roadway Improvements (On-Site): 76. The interior subdivision street is to remain private. Said street shall be constructed to Private Road Standards as specified by Title 9 of the County Ordinance Code, including all minimums and maximums with respect to pavement width, horizontal alignment, vertical alignment and sight distance. The roadway structural section and 4-foot sidewalk shall meet public road standards. Allowable exceptions from said Standards are as follows: a. The use of Caltrans Type D-6 curb adjacent to the sidewalk as shown on the tentative map. Access to Adjoining Property: Proof of Access 77. 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. 78. Applicant shall furnish proof to Public Works Department that legal access to the property is available from Rolph Park Drive. Encroachment Permit 79. Applicant shall obtain an encroachment permit from the Application and Permit Center, if necessary, for construction of improvements within the right-of-way of Rolph Park Drive, Pomona Street, and Crockett Boulevard. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 31 of 36 Abutter’s Rights 80. Applicant shall relinquish abutter’s rights of access along Rolph Park Drive, Pomona Street, and Crockett Boulevard with the exception of the proposed private road intersection. Street Lights 81. Applicant shall annex to the Community Facilities District (CFD) 2010-1 formed for Countywide Street Light Financing. Bicycle - Pedestrian Facilities Pedestrian Access 82. 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. 83. All curb ramps 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 easements shall be established to accommodate a minimum 4 foot landing at the top of any curb ramp proposed. Parking 84. Parking shall be prohibited in cul-de-sac bulbs, 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 85. Applicant shall underground all new utility distribution facilities. 86. An exception from Chapter 96-10 of the County Ordinance Code requiring undergrounding of existing overhead utilities along the frontage of Rolph Park Drive is allowed, provided the applicant executes a Deferred Improvement Agreement with Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 32 of 36 the County requiring the property owner(s) or successors to financially participate in the undergrounding in the event the County initiates a program to replace these overhead facilities in the future. Said participation shall not exceed 50 % of the net undergrounding cost along the subdivision’s Rolph Park Drive frontage. Maintenance of Facilities 87. The maintenance obligation and financing of all common and open space areas, private roadways, private street lights, private trails and landscaped areas, EVA’s, perimeter walls/fences, and on-site drainage facilities shall be included in the covenants, conditions, and restrictions (CC&Rs) or an alternative financing and maintenance entity approved by the Public Works Department. Drainage Improvements Collect and Convey 88. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwaters to a natural watercourse, in accordance with Division 914 of the Ordinance Code. Applicant shall verify the adequacy at any downstream drainage facility accepting stormwater from this project prior to discharging runoff. If the downstream system is inadequate to handle the existing and project condition for the required design storm, improvements shall be constructed to make the system adequate. The applicant shall obtain access rights to make any necessary improvements to off-site facilities. In lieu thereof, the applicant may obtain drainage releases from all affected downstream property owners as provided for in said Code. Miscellaneous Drainage Requirements 89. The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 90. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 33 of 36 91. Private storm drain easements, conforming to the width specified in Section 914 - 14.004 of the County Ordinance Code, shall be dedicated over all proposed storm drains traversing residential lots or other portions of the property outside the “common area”. National Pollutant Discharge Elimination System (NPDES) 92. 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. - Label all storm drains (“No Dumping, Drains to Delta) using current storm drain markers. - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Other alternatives comparable to the above as approved by Public Works. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program and lot specific IMPs to buyers. Stormwater Management and Discharge Control Ordinance: 93. The applicant shall submit a FINAL Stormwater 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 Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 34 of 36 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. 94. The applicant shall document the stormwater management design in the Final Stormwater Control Plan, which will be developed in conjunction with improvement and construction documents. In addition to the stormwater management facilities that treat stormwater runoff to remove pollutants (permanent post-construction BMPs), the Final Stormwater Control Plan will document source control measures that will be incorporated into the final project design to minimize impacts to water quality. The applicant will also develop a Stormwater Control Operation and Maintenance Plan, which shall document the procedures for the operation and maintenance of the stormwater management facilities. The Final Stormwater Control Plan and the Stormwater Control Operation and Maintenance Plan shall be approved by Contra Costa County. The County shall ensure that the project minimizes impacts to water quality in accordance with the requirements of the County’s National Pollutant Discharge Elimination System Permit. For the life of the project, implementation of source control measures, as well as operation and maintenance of the stormwater management facilities shall be the responsibility of individual property owners for those facilities located on private property. For facilities located in common areas, implementation of source control measures, as well as operation and maintenance of the stormwater management facilities shall be the responsibility of the Homeowner’s Association for the life of the project. (MM 9a) 95. 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). 96. 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. 97. 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. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 35 of 36 98. 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. 99. 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. 100. All treatment BMP/IMPs constructed within each phase of the proposed development shall be designed and sized to treat, at a minimum, stormwater generated from each phase constructed. ADVISORY NOTES  The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Hercules/Rodeo/Crockett, West Contra Costa County Transportation Advisory Committee (WCCTAC) Bridges/Roads, and WCCTAC Transit Areas of Benefit as adopted by the Board of Supervisors.  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. Findings and Conditions of Approval County File #SD12-9312 and #DP12-3008 Page 36 of 36 G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions (SD)\SD12-9312 Rolph Park Preserve\SD12-9312 CPC FindCOAs (Modified) 4_14_15.docx Department of Conservation and Development County Planning Commission Tuesday, April 14, 2015 – 7:00 .P.M. STAFF REPORT Agenda Item #_____ -----------------------------------CONTINUED HEARING------------------------------------ Project Title: “Rolph Park Preserve” 9 Lot Subdivision, Crockett County File Number: #SD14-9312; #DP14-3002; #RZ14-3225 and #GP09-0002 Applicant/Owner: John Dobles (Applicant) and QLC Management (Owner) General Plan/Zoning: Open Space (OS)/Single-Family Residential (R-6) Project Location: The 8.05-acre site is located on the south side of Pomona Street, between Crockett Boulevard and Rolph Park Drive in the unincorporated community of Crockett. (0 Rolph Park Dr.) (APN: 354-202-005) California Environmental Quality Act (CEQA) Status: A Mitigated Negative Declaration (MND) indicating no significant environmental impacts has been prepared for the project. Project Planner: Ruben Hernandez, Senior Planner (925) 674-7785 Staff Recommendation: Approve (See Section II for Complete Recommendation). I. BACKGROUND This item is a continued hearing from the February 10, 2015 County Planning Commission meeting. At the previous meeting, the Planning Commission and four members of the public expressed various concerns relating to the proposed 9 lot subdivision in Crockett known as “Rolph Park Preserve”. A majority of the comments made by the Commission members, as well as the public, related to geotechnical concerns and issues related to the safety and aesthetics of hillside development. Concerns regarding the removal of trees behind Lot 4 were also identified by some members of the public. In response to the issues identified at CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 2 of 7 the previous hearing, the project geotechnical engineer, KC Engineering Consultants, prepared a supplemental letter addressing the geotechnical concerns identified by the Commission. The letter was reviewed by the County Geologist, Darwin Meyers Associates, who also provided a written response. The letters are discussed further in Section III below and have been attached to this staff report. The issue relating to the removal of the trees behind Lot 4 is also addressed in Section III below. II. RECOMMENDATION Based on the additional information provided by the applicant, the response from the County Geologist, and based on the changes made to the conditions of approval in response to the comments received from Christine Gregory Consulting, staff is recommending that the County Planning Commission adopt the following motion: 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 March 6, 2014 Mitigated Negative Declaration prepared for the project reflects the County's independent judgment and analysis; B. ADOPT the March 6, 2014 Mitigated Nega tive Declaration and Mitigation Monitoring Program prepared for the project; C. APPROVE the Rolph Park Preserve Vesting Tentative Map received November 18, 2014 by the Department of Conservation and Development based on the attached findings and subject to the attached conditions of approval ; D. ADOPT a motion recommending that the Board of Supervisors: 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 March 6, 2014 Mitigated Negative Declaration prepared for the project reflects the County's independent judgment and analysis; CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 3 of 7 2) Adopt the March 6, 2014 Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; 3) Approve the General Plan Amendment designating 2.35 -acres of the subject 8.05-acre Single-Family Residential High-Density (SH) from its current Open Space (OS) designation as shown in the attached General Plan Amendment Map (Exhibit A); 4) Approve the rezoning of the 8.05-acre parcel to Planned Unit Development (P-1) from Single Family Residential (R-6) as shown in the attached Rezoning Map (Exhibit B); 5) APPROVE the Rolph Park Final Development Plan as shown in the plans received by the Department of Conservation and Development on November 18, 2014 based on the attached findings and subject to the attached conditions of approval. IV. RESPONSE TO ISSUES IDENTIFIED AT PREVIOUS HEARING At the February 10, 2015 hearing before the County Planning Commission, concerns relating to existing geotechnical conditions, proposed landslide repairs and hillside construction were identified by the Commissioners and members of the public. In addition to the geotechnical concerns, one of the neighboring property owners and the planning consultant (Christine Gregory) for some of the other property owners in the vicinity expressed concerns regarding the removal or alteration of the trees located at the rear of Lot 4 for the construction of a drainage ditch as identified on the November 18, 2014 vesting tentative map (VTM). A. Geologic Concerns In order to address the concerns identified by the Planning Commission and members of the public, a supplemental letter dated March 20, 2015, from the project Geotechnical Engineer (KC Geotechnical Engineering Consultants) was prepared and shared with the County Geologist for review. The letter provides some discussion on existing site conditions, including the two on-site landslides to be repaired, and a summary of the methods to be uses to repair the landslides. The letter also reiterates the discussions found in the previous geotechnical correspondences relating to the “staged approach” to be utilized for the residential development portion of the project. The letter was reviewed by the County Geologist and in a letter dated March 26, 2015 the County Geologist indicated that the applicant had provided sufficient geological CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 4 of 7 data and that the proposed “staged approach” for addressing the geological issues at the site was acceptable and consistent with the County Code. In order to provide the Planning Commission with a complete background relating to the geotechnical work performed at the subject property, staff has attached all relevant geotechnical documents to this staff report for review. The attached documents are listed as follows:  Geotechnical Investigation (Original) – Proposed Residential Development, Rolph Park Drive. Prepared by KC Engineering Company, Dated May 30, 2006 (46 pages);  Geologic Peer Review – 3rd Letter. By Darwin Meyers Associates, County Geologist, Dated March 26, 2015 (4 pages);  Vesting Tentative Map Review and Recommendations. Letter Prepared by KC Engineering Company, Dated March 20, 2015 (8 pages);  Geologic Peer Review – 2nd Letter. By Darwin Meyers Associates, County Geologist, Dated October 12, 2012 (5 pages);  2nd Tentative Map Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated September 19, 2012 (2 pages);  Additional Work at the Rolph Park Project, Crockett, CA. Memorandum by Joyce Associates, Dated March 2, 2012 (1 page);  Tentative Map Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated September 21, 2009 (2 pages);  Plan Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated February 3, 2009 (4 pages). CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 5 of 7 B. Removal of Trees Behind Lot 4 At the February 10, 2015 hearing before the Planning Commission, owners of two adjacent properties, identified as #1 and #3 Rolph Park Court, expressed concerns regarding the possible removal of a row of trees located between their property and Lot 4 of the subdivision, near the top of the project site. This was based on the identification of a drainage ditch behind Lot 4 as show on the November 18, 2014 Vesting Tentative Map (VTM). Although the drainage ditch is shown on the current VTM, the removal or alteration of the trees in the vicinity of the ditch was not identified in the tree removal plan, was not analyzed by staff and is not part of the current review. According to the applicant, the drainage ditch was added to the last version of the VTM. The intent of the drainage ditch was to collect run-off from the above Lot 4, including the properties identified as #1 and #3 Rolph Park Court. Since the tree impacts of the drainage ditch have not been analyzed, and due to the fact that the property owners of #1 and #3 Rolph Park Court has expressed concern over the removal of the trees, staff has included a condition of approval (Condition #14) indicating that the drainage ditch behind Lot 4 is not part of the current project approval, and removal or alteration of any of the trees not identified in the tree removal and preservation plan is not allowed until a tree permit has been issues by the Department of Conservation and Development. V. CONCLUSION Staff has worked with the applicant, the applicant’s geologist, the County Geologist and members of the public to address the issues identified at the previous County Planning Commission hearing. Copies of all geotechnical reports and letters have been attached for the Commission, including copies of letters from the project geologist and a response from the County Geologist prepared in response to the Commission’s comments made at the February 10, 2015 hearing. Based on the additional reports, and based on feedback received from the public, Christine Gregory, who represents some members of the public, including neighboring property owners, staff has determined that there is sufficient information to approve the vesting tentative map as proposed subject to the attached modified conditions of approval. CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 6 of 7 LIST OF ATTACHMENTS  Revised Findings and Conditions of Approval;  November 18, 2014 Vesting Tentative Map for Rolph Park Preserve 9 lot subdivision;  Geotechnical Documents as Follows: o Geotechnical Investigation (Original) – Proposed Residential Development, Rolph Park Drive. Prepared by KC Engineering Company, Dated May 30, 2006 (46 pages); o Geologic Peer Review – 3rd Letter. By Darwin Meyers Associates, County Geologist, Dated March 26, 2015 (4 pages); o Vesting Tentative Map Review and Recommendations. Letter Prepared by KC Engineering Company, Dated March 20, 2015 (8 pages); o Geologic Peer Review – 2nd Letter. By Darwin Meyers Associates, County Geologist, Dated October 12, 2012 (5 pages); o 2nd Tentative Map Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated September 19, 2012 (2 pages); o Additional Work at the Rolph Park Project, Crockett, CA. Memorandum by Joyce Associates, Dated March 2, 2012 (1 page); CPC – April 14, 2015 SD12-9312, DP12-3002, RZ12-3220 and GP09-0002 Page 7 of 7 o Tentative Map Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated September 21, 2009 (2 pages); o Plan Review and Recommendations - Proposed Residential Development, Rolph Park Drive. Letter Prepared by KC Engineering Company, Dated February 3, 2009 (4 pages). G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions (SD)\SD12-9312 Rolph Park Preserve\SD12-9312 CPC Cont' Staff 4_14_15.docx Rolph Park PreserveRolph Park Preserve 9 Lot Residential Subdivision9 Lot Residential Subdivision Crockett, CACrockett, CA Contra Costa County Board of Supervisors Tuesday, July 28, 2015 County Files #DP12-3002, RZ12-3220 and #GP09-0002 Vicinity MapVicinity Map Aerial PhotoAerial Photo Existing ZoningExisting Zoning Proposed ZoningProposed Zoning Current General PlanCurrent General Plan Proposed General PlanProposed General Plan Tentative Map/Final Development PlanTentative Map/Final Development Plan “Rolph Park Preserve”“Rolph Park Preserve”