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HomeMy WebLinkAboutMINUTES - 10271987 - 2.3 (3) ��•. ' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted these Findings on October 27, 1987 , by the following vote: AYES: Supervisors Powerd, Fanden, Schroder, Torlakson and McPeak`. NOES: None ABSENT:None ABSTAIN: None SUBJECT: FINDINGS FOR DENIAL OF APPEAL OF MT. DIABLO AUDUBON ) SOCIETY AND THE BAY AREA ) CHAPTER OF THE SIERRA CLUB ) RESOLUTION NO. 87/646 FROM A DECISION OF THE EAST ) COUNTY REGIONAL PLANNING ) COMMISSION APPROVING ) TENTATIVE SUBDIVISION MAP 6924 ) FOR THE BELLECCI AND ASSOCIATES ) (Applicants) AND COUNTRY ) INVESTORS (Owners) PROJECT IN THE) OAKLEY AREA. ) WHEREAS, Bellecci and Associates ("Applicant") , on behalf of Country Investors ("Owners") , on February 13, 1987 submitted a request for approval of a tentative -subdivision map (Subdivision 6924) to subdivide the 21.2 acres located on the west side of. O'Hara Avenue, 850 feet south of the intersection of Laurel Road in the Oakley area into 107 lots to facilitate . the requested Planned Unit District and development plan approval. WHEREAS, on April 27, 1987, the East County Regional Planning Commission ("Commission") recommended approval by this Board of Supervisors of Applicant 's requested rezoning (2710-RZ) and final development plan (3010-87) . 1 87/646 WHEREAS, pursuant to the requirements of the California Environmental Quality Act. ("CEQA") and the State and County CEQA Guidelines, the Draft Environmental Impact Report (the "DEIR") was prepared and circulated on the proposed Oakley Area General Plan, to amend the East County Plan. Following public review and hearings on the DEIR and the proposed amendment to the East County Plan, this Board on April 28, 1987 adopted the Oakley Area General Plan EIR, (the "Oakley EIR") , made findings concerning environmental impacts and adopted the Oakley Area General Plan as' an amendment to the East County Plan. WHEREAS, an Initial Study of Environmental Significance was prepared by the Community Development Department, dated March 26, 1987, which determined that the project entitlements requested by Applicant would not have any significant environmental impacts which were not adequately addressed -by the Oakley EIR certified by this Board in connection with the proposed Oakley Area General Plan. WHEREAS, for purposes of compliance with the provisions of CEQA, and the State and County CEQA Guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated covering the Applicant's requested approval of Tentative Subdivision Map 6924, together with the density bonus requested by the Applicant. 2 87/646 WHEREAS, following certification by the Board of Supervisors of the Oakley EIR, and the adoption of the Oakley Area General Plan, a duly noticed public hearing was held before the Commission on May 11, 1987, and upon review and consideration of the Oakley EIR covering the Oakley Area General Plan, the studies and reports referred to therein, the staff reports prepared by the Community Development Department staff, the proposed Conditions to Approval to the project, and the evidence and testimony submitted in this matter, the Commission adopted Resolution No. N/A (1) approving Vesting Tentative Map No. 6924, to subdivide the project site, comprising of 21.2 acres into 107 single family residential lots, together with the requested approval of a density bonus; and (2) instructing the Staff to prepare and post a Notice of Determination based upon the approved Negative Declaration covering the Vesting Tentative Map No. 6924 approval . WHEREAS, all materials constituting a part of the administrative record of the proceedings with regard to the approval and appeal of the Vesting Tentative Map were made available to the Board of Supervisors for its review and consideration including, but not limited to, the following materials: 3 87/646 a (a) Commission Resolution No. 21-1987 adopted April 27, 1987; (b) Conditions of Approval to Applicant's Applications for Approval of Vesting Tentative Map No. 6924; (c) The Oakley EIR and findings covering the Oakley Area General Plan, the Initial Study of Environmental Significance and the Negative Declaration of Environmental Significance; and (d) Reports prepared by the Community Development Department Staff regarding the project and the various mitigation measures, alternatives, changes and modifications thereto including, but not limited to, the Staff Report prepared for the May 11, 1987 Commission hearing, the Supplemental Staff Report prepared for the Board hearing on July 28, 1987 and the Supplemental Staff Report prepared for the Board hearing on August 11, 1987. WHEREAS, the approval of the Vesting Tentative Map was appealed by the Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra Club to this Board; WHEREAS, a duly noticed public hearing with public testimony -on the appeal was held and closed on June 23, 1987, 4 87/646 the Board continued the matter for decision and further Staff review until July 28 - at which time the Board opened the public hearing solely for taking new information, closed the public hearing, and continued the matter for decision and further Staff review to the meeting of August 11, 1987, at which time the Board denied the appeal and upheld the decision of the Commission to approve Vesting Tentative Map No. 6924 for 110 residential lots, subject to the Conditions of Approval attached hereto as Exhibit A, and instructed the Staff to prepare the appropriate documentation for subsequent adoption by this Board; WHEREAS, having reviewed and considered all testimony and materials made available to the Board of Supervisors as set forth above including, but not limited to, the Oakley EIR and findings covering the Oakley Area General Plan, the Initial Study of Environmental Significance, the Staff Reports and the various mitigation measures, conditions of approval, alternatives, changes and modifications to the project, and all testimony and evidence in the record of the proceedings with respect to the project and these applications . NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY RESOLVES, ADOPTS AND FINDS AS FOLLOWS: 1. In connection with the approval of Vesting Tentative Map 6924 , the Board adopts each of the findings, as 5 87/646 ` set forth in the East County Regional Planning Commission' s Resolution NO. XXXXXx , attached hereto as Exhibit B, as the basis for these determinations. 2. The Board further adopts, in connection with the approval of Vesting Tentative Map 6924, the following supplemental findings: A. Supplemental Findings Under 'Contra Costa County Subdivision Ordinance and the Subdivision Map Act. The additional Conditions of Approval to Vesting Tentative Map 6924 imposed by the Board further ensure that the subdivision is consistent with the County General Plan and the East County Plan, as amended by the Oakley Area General Plan. In particular, the Board finds as follows: (i) The condition imposing the requirement that prior to the filing .of the final map the Applicant will obtain a letter from each agency providing service indicating the ability to serve the needs of the development- (Condition 15) will comply with the Growth Management Program element of the Oakley Area General Plan; (ii) The conditions requiring provision for a TSM program (Condition 16) and a traffic study (Condition 19) 6 87/646 will ensure consistency of the subdivision with the Circulation element of the County General Plan and the Oakley Area General Plan; (iii) The condition requiring payment of the park dedication fee (Condition 11) will ensure consistency of the subdivision with the Open Space element of County General Plan and the Oakley Area General Plan; and (iv) The condition requiring participation in a special tax area for police service (Condition 18) will further ensure consistency of the subdivision with the Community Facilities and Services element of the Oakley Area General Plan. 3. The Board further adopts, in connection with the California Environmental Quality Act (CEQA) compliance with respect to the approval of Vesting Tentative Map 6924, the Supplemental CEQA findings, as set forth- in Exhibit C hereto. 4. It is the intent of the Board that the foregoing findings, including the findings, determinations and statements set forth in Exhibits B and C, be considered as an integrated whole whether or not any subdivision of these findings fails to cross reference or incorporate - by reference any other subdivision of these findings; and that any finding required or 7 87/646 permitted to be made by this Board with respect to any particular subject matter shall be deemed made as if it appears in any portion of these findings. DAG:aa/5 1157S/10. 12.7 71736 .010 I hereby certify that this Is a true and correct copy of an rctlon taken and entered on the minutes of the Board of Supe ore on the date shown. ATTESTED: —F-Q��--'�'- PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator o BY 0, :Deputy 8 87/646 EXHIBIT "M CONDITIONS OF APPROVAL FOR SU"DIVISION 6924 1. - This application is gener..l l y approved as shown on Final Development Plan and Tentative Map dated February 13, 1987, as received by the Community Development Department. 2. The maximum number of units allowed on this property shall be 110. 3. The applicant-shall satisfy the conditions of approval for Subdivision 6924 and Rezoning and Final Development Plan 2710-RZ. 4. Submit a preliminary geologic and" soil 'report evaluating .static : 'and earthquake-induced conditions. Simplified method using standard penetra- tion- tests shall be used to evaluate liquefaction. At least two. test holes should evaluate soils to a depth of 35 feet unless groundwater is not en- countered at 25 feet. The report shall be subject to review of the Plan- ning Geologist; allow- 45 days for review. Grading and improvement plans shall implement recommendations of the approved preliminary soils report. - Final Map shall cite the approved report. 5. Grading plans shall include erosion protection on all slopes five (5) feet _- or more in height at' 20 percent or steeper gradient. Protection shall be equal to or better than hydroseeding with mulch. Landscaping shall include species adapted to well-drained sand selected by a landscape architect. Grading and landscape plans shall be reviewed and approved by the Community Development Department. 6.' In consideration of the grant of a.density 'bonus pursuant to Section 65915 and 65913 of the California Government Code, and Polic 1(h) of the Housing . Element of the General Plan, and procedures adopted by the Board of Super- visors, pursuant thereto the applicant shall , contemplating a for-sale de- velopment, enter into a Developer Sales Agreement with the County at least 90 days prior to filing of a Final Map (form to be approved by the County), which ensures that a number of units equal to at least 25% of the units allowed by the General Plan (27 units) are affordable to an occupied by Lower Income Households. For purpose -of this condition, the following def- initions apply: a. Low and Moderate Income Households - Households earning 110% or less of the current median income for Contra Costa County as defined in Section 50079.5 of the California Health and Safety Code; and b. Affordable Sales Price - A price determined pursuant to Appendix C of Procedures -to Implement Density Bonus Policy for Affordable and Senior Citizen' Housing scheduled for adoption by the Board of May 5, 19879 taking into account unit size and Prevailing Interest Rate.. 7. Affordable units ' shall be placed throughout the development in a manner such that the size and quality of Affordable Units reflect the proportions in the total development, and that the Affordable Units be spatially dis- bursed. Prior to filing a Final Map the applicant shall submit to the Zon- ing Administrator a plan setting forth units to be affordable to lower in- come households; 87/646 2 8. Subject to review and approval of the Zoning Administrator, the applicant may, in the event of financial hardship, request modification to the fore- going, subject to maintaining conformance with Section 65915 and 65913 of the Government Code. 9. The applicant shall submit a copy of the proposed Conditions, Covenants and Restrictions to the Zoning Administrator for review and approval prior to filing of the Final Map. 10. If archaeological materials are uncovered during grading, trenching, or other on-site excavation, earthwork within 30 meter of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 11. The applicant shall pay all Park Dedication fees required by the Park Dedi- cation Ordinance. 12. Each residence shall connect to the Oakley Water District for water ser- vice. 13. This project (Subdivision 6924, and 3010-87) shall be restricted by a dec- laration of covenants, conditions and restrictions (CC & R's) receiving the prior approval. of the Community Development Department and the County Coun- sel , meeting applicable regulations of the California State Real Estate Commissioner and providing for a Architectural and Maintenance Committee to administer and enforce them. The CC & R's shall contain at least the fol- lowing provisions: A. A statement that the entire project and properties shall be subject to all of -the conditions and restrictions contained within the resolu- tion(-) adopted by the Board of Supervisors which approve the tenta- tive subdivision map, final development plan and rezoning. Also, a statement that the project will be subject to all of the conditions and restrictions contained in any accompanying approved development or site plans, elevations and landscape plans. B. A statement that the Association shall have the power and duty to maintain, repair, replace, restore, operate and manage all (if any) common areas and facilitate, improvements, equipment and landscaping in substantial compliance with the aforesaid approvals for the project. C. A statement that any new construction, reconstruction or exterior mod- ification shall conform to the requirements of Contra Costa County. A statement substantially in the following form: "The County' of Contra Costa (or any city successor in interest) is hereby given su- pervisory jurisdiction over the enforcement of the provisions of this declaration dealing with maintenance, cleanliness, and repair of any 87/646 3 common areas and exterior appearance of the project. In the event of a breach of any duty pertaining to such maintenance, cleanliness, re- pair or exterior appearance, the County of Contra Costa may give writ- ten notice of such breach to the Association, together with a demand upon the Association to remedy such breach. If the Association refuses to do so, or fails to take appropriate action within 30 days of the receipt of such notice, the County of Contra Costa shall have standing and the right (but not the obligation) to bring an action in a court of proper jurisdiction to enforce the provisions of this declaration. Should the County prevail in any such litigation, the Association shall be liable for and pay to the County its costs (including attor- neys' fees and all other involved County staff time). Nothing con- tained herein shall limit any other right or remedy which the County may exercise by virtue of authority contained in ordinance 'or state law. A statement in the CC & R's providing authority for Association to collect the costs from the owners of property within said project of any required maintenance and/or enforcement of the CC & R's. To the extent possible the applicant shall provide to and deposit with the Architectural and Maintenance Committee, within 6 months of the time the majority of its governing directors are elected by resident homeowners, a base line sum to be determined upon review and approval of the Zoning Administrator which will be restricted to being used to fund enforcement of these CC & R's by said association. 14. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. B. Convey to the County, by Offer of Dedication, 32.5 feet of additional right of way on O'Hara Avenue as required for the planned future width of 110 feet. C. Relinquish abutter's rights of access along O'Hara Avenue, including curb returns, with the exception of one access at "A" Street. D. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. The road connecting O'Hara Avenue to the northerly extension of Danial Drive shall be con- structed as a 40-foot road within a 60-foot right of way. E. Mercedes Lane shall be dead end at the northerly boundary of this sub- division. The applicant. shall construct "A" Street as a 40-foot road within a 60-foot right of way constructed to County public road stan- dards to the north property line. The applicant shall erect a safety barrier across the roadway. 87/646 4 F. Submit a revised Tentative Map to the Zoning Administrator, for review and approval , showing the revised circulation plan and lot layout. The revised Tentative Map shall reflect the modifications in these conditions of approval . G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East/Central County Travel Corridor as adopted by the Board of Supervisors. H. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. I. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or perma- nent, road and drainage improvements. J. Prior to issuance of building permits, file the Final Map for Subdivi- sion 6924. K. Construct O'Hara Avenue as a 40-foot half width road within a 55-foot half width right of way. This road shall be constructed with curb face located 40 feet from the ultimate road centerline. L. Install street lights on all streets in this subdivision. The final number and location of the lights shall be determined by the County Traffic Engineer. M. Submit a pavement evaluation study for -O'Hara Avenue to the Public Works Department, Road Engineering Division, for their review and ap- proval . The study shall be based on corings and deflection tests. Paving which is determined to be unsuitable shall be reconstructed or overlaid by the applicant. This study shall also include an analysis of the vertical -alignment of the roadway and shall determine if ad- justment of the vertical alignment is required for a safe, reasonably smooth roadway. The applicant shall make any vertical adjustments which are recommended. N. Annex this property to the Oakley Area of Benefit and pay the fees required. If the property is not annexed to the Oakley Area of Bene- fit ene- fit prior to filing of the Final Map, then the applicant shall con- struct off-site road improvements, of at least equal worth, acceptable to the County Public Works Department, Road Engineering Division. Or, as an alternate to the construction of all or a portion of these im- provements, the applicant shall contribute an equivalent amount to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements in the Oakley area prior to the filing of the Final Map. 0. Submit a landscape plan for all work within the public right of way subject to the review and approval of the Public Works Department, Engineering Services Division, and the Zoning Administrator. The plan 87/646 5 shall be designed based on the County's Water Conservation Landscaping Policy with local native plants used as practical . P. The applicant shall annex this property to Lighting and Landscaping District 1979-3 LL2 for maintenance of the landscaping, walls, and other facilities in the dedicated right of way. Q. The applicant shall be required to construct standard transitions to the existing pavement and sidewalk areas. The applicant shall submit scaled drawing showing all elements of the proposed public improve- ments on O'Hara Avenue for the review and approval of the Zoning Ad- ministrator and the Public Works Department, Road Engineering Divi- sion. R. Acquire right of way and construct frontage improvements across the adjacent Johnson property. S. Comply with the drainage fee requirements for Drainage Area 30A as adopted by the Board of Supervisors. T. The applicant shall annex this property to Drainage Area 300, for the maintenance and operation of the drainage area's drainage facilities, prior to filing of the Final Map. U. The applicant shall take all necessary steps required to design the improvements and apply to the Federal Emergency Management Agency (FEMA) to- remove this property from the 100-year flood hazard area. Application to FEMA shall be made through the County Community Devel- opment Department. The applicant- shall pay all fees required by FEMA prior to filing of the Final Map. V. "C" Street shall be cul-de-saced west of O'Hara Avenue. At least half of the cul-de-sac bulb and 20 feet of pavement widening shall be con- structed at this time. 15. Prior to the filing of the Final Map, the applicant shall obtain a letter from each agency providing the service indicating the ability to serve the needs of the development. 16. Provision for a TSM program (Transportation Systems Management) shall be required with this development. The program shall be submitted for review and approval of the Zoning Administrator prior to filing of the Final Map. 17. Provision for child care facilities and/or services shall be required for this development. The program shall be submitted for review and approval of the Zoning Adminstrator prior to filing of the Final Map. 18. On the provision of police service, the applicant agrees to vote their property into a special tax area for police service at an intial level of $100 per parcel annually. This amount shall be adjusted yearly according to the Bay Area CPI. Furthermore, the Board of Supervisors shall review 87/646 6 the assessment amount and adjust it to a higher level as conditions warrant it. 19. Prior to the filing of the Final Map, the applicant shall submit a traffic study addressing regional and local traffic circulation, the impact of this project and including recommendations. This traffic study shall be subject to the review and implementation of the Zoning Administrator. The following are not conditions of approval . However, you should be aware of them prior to requesting building permits on the parcels of this subdivision. A. Contra Costa County Building Inspection Department: Meet requirements of this department. B. Oakley Fire Protection District: Meet the requirements of this district. (See attached letters. ) C. Contra Costa County Health Services Department: Meet environmental health standards. KK:jn/df sub4:6924.kk 4/3/87 4/7/87 4/16/87 4/.30/87 5/7/87 Revised 5/11/87 Revised 9/9/87 Attachment Oakley Fire District- March 13, 1987 87/646 EXHIBIT B RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING THE APPROVAL AND FINDINGS PERTAINING TO A TENTATIVE SUBDIVISION MAP 6924 FOR THE BELLECCI AND ASSOCIATES (Applicants) AND COUNTRY INVESTORS (Owners) PROJECT IN THE OAKLEY AREA. WHEREAS, Bellecci and Associates ("Applicant") , on behalf of Country Investors ("Owners") , on February 13, 1987 submitted a request for approval of a tentative subdivision map (Subdivision 6924) to subdivide the 21.2 acres located on the west side of O'Hara Avenue, 850 feet south of the intersection of Laurel Road in the Oakley area into 107 lots to facilitate the requested Planned Unit District and development plan approval . WHEREAS, on April 27, 1987, this Commission recommended approval by the Board of Supervisors of Applicant' s requested rezoning (2710-RZ) and final development plan (3010-87) . WHEREAS, pursuant to the requirements of the California Environmental Quality Act ("CEQA") and the State and County CEQA Guidelines, the Draft Environmental Impact Report (the "DEIR") was prepared and circulated on the proposed Oakley Area General Plan, to amend the East County 'Plan. Following public review and hearings on the DEIR and the proposed amendment to the East County Plan, the Board of Supervisors of Contra Costa County on April 28, 1987 adopted the Oakley Area General Plan EIR, (the "Oakley EIR") , made findings concerning environmental impacts and adopted the Oakley Area General Plan as an amendment to the East County Plan. .WHEREAS, an Initial Study of Environmental Significance was prepared by the Community Development Department, dated March 26, 1987, which determined that the project entitlements requested by Applicant would not have - significant environmental impacts which were not adequately addressed by the Oakley EIR certified in connection with the proposed Oakley Area General Plan. WHEREAS, for purposes of compliance with the provisions of CEQA, and the State and County CEQA Guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated covering the Applicant ' s requested approval of Tentative Subdivision Map 6924, together with the density bonus requested by the Applicant . 1 87/646 t WHEREAS, following certification by the Board of Supervisors of the Oakley EIR, and the adoption of the Oakley Area General Plan, a duly noticed public hearing was held before this Commission on May 11, 1987 to obtain approval of Tentative Subdivision Map 6924 . WHEREAS, at such hearing, and upon review and consideration of the Oakley EIR covering the Oakley Area General Plan, the studies and reports referred to therein, the staff reports prepared by the Community Development Department staff, the proposed Conditions to Approval to the project, and the evidence and testimony submitted in this matter, the Commission adopted the following resolutions . BE IT RESOLVED, that upon review and consideration of the project, the Oakley EIR covering the Oakley Area General Plan, the initial study of Environmental Significance and Negative Declaration of Environmental Significance, the staff reports prepared by the Community Development Department staff, the proposed Conditions of Approval for the project, and all the testimony and evidence in the record with respect to the project, this Commission hereby approves Subdivision 6924 to subdivide the project site, comprising of 21.2 acres into 107 single family residential lots, together with the requested approval of a density bonus for the number of units, subject to the Conditions of Approval attached hereto as Exhibit' A. BE IT FURTHER RESOLVED, that upon review and consideration of the Oakley EIR prepared for the Oakley Area General Plan, the Initial Study of Environmental Significance and Negative Declaration of Environmental Significance, the staff reports prepared by the Community Development Department staff, the proposed Conditions of Approval for the project, and all the testimony and evidence in . the record in connection with each of the requested project entitlements, this Commission hereby instructs the staff to prepare and post a Notice of , Determination based upon the approved Negative Declaration covering the Subdivision 6924 approval, pursuant to the requirements of CEQA and the State and County CEQA Guidelines . BE IT- FURTHER RESOLVED, that in connection with the approval of Subdivision 6924, the Commission finds as follows: A. Findings Required Under Contra Costa County Subdivision Ordinance and the Subdivision Map Act. (1) The Commission hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Contra Costa County General Plan and the East County Plan, as amended by the Oakley Area General Plan. The densities of the project are 2 87/646 . f consistent with the densities considered appropriate by the East County Plan, as amended by the Oakley Area General Plan. Condition of approval 14A, which requires that the subdivision conform to the provisions of the County Subdivision Ordinance, assures fulfillment of development and construction requirements. (2) The effect of County ordinances and actions adopted pursuant to the Subdivision Map Act on the housing needs. of the region of Contra Costa County have been considered. Consideration has included examination of the project ' s potential to increase the stock of housing available to employees of employment centers within the County, and in particular with respect to the need to serve low to moderate income housing needs . The Commission has considered the balance of regional housing needs against the public service needs of County residents as well as against the available physical and environmental resources, as these needs and resources have been identified with the immediate approval process for the project. (3) No evidence has been presented which would require denial under Government Code Section 66474 . (4) Traffic and circulation impacts addressed in the Oakley EIR covering the Oakley Area General Plan will ' be obviated by presently projected improvements and by the Conditions of Approval for the project, including the substantial traffic-related contributions of Applicant, as evidenced by the dedications, compliance with the Bridge/Thoroughfare Fee Ordinance for the East/Central County Travel Corridor as adopted by the Board of Supervisors, annexation of the property to the Oakley Area of Benefit or construction of offsite road improvements of at least equal worth as is acceptable to the County Public Works Department, Road Engineering Division, or by contributions to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements in the Oakley Area, and annexation of the projtct site to Lighting and Landscaping District 1979-3 LL2, with other contributions by Applicant as is more particularly described in the Conditions of Approval. BE IT FURTHER RESOLVED, that this Commission finds that: (1) The Oakley EIR prepared in connection with the Oakley Area General Plan adequately describes and . identifies the general environmental setting of the Applicant' s project, the significant environmental impacts of the project and the alternatives and mitigation measures related to each significant effect. 3 87/646 s (2) The significant environmental effects of the Applicant ' s project covered by the Oakley EIR, including cumulative impacts, have been substantially mitigated or avoided by changes or alterations which have been required in, ' or incorporated into the project. (3) Some of the significant environmental effects identified in the- Oakley EIR for the Oakley Area General Plan would require changes or alterations to the project which are within the responsibility and jurisdiction of other public agencies and such changes have been adopted by such agencies, or can and should be adopted by such agencies. (4) The significant environmental effects of the Applicant ' s project as identified in the Oakley EIR for the Oakley Area General Plan cannot be mitigated except by mitigation measures or project alternatives which this Commission finds to be infeasible given, economic, social and other considerations . Specifically, the economic, social and other benefits provided by the project, including employment and housing opportunities, particularly for low to moderate income individuals, and the substantial recreational amenities (including dedication and development of a 1. 12 acre park) and substantial traffic, drainage and circulation improvements as more particularly set forth in the Conditions of Approval, meet important needs of the commuiiity, and contribute substantially to the quality of life in the project area. Accordingly, this Commission finds that to the extent any impacts of the project remain mitigated, such impacts are overridden by economic, social and other considerations which justify and require approval of the project as mitigated herein. BE IT FURTHER RESOLVED, that, upon review and consideration of the Oakley EIR prepared for the Oakley Area General Plan, the Initial Study of Environmental Significance and Negative Declaration, the staff reports proposed by the Community Development Department staff, the proposed conditions of approval for the project and all of the testimony and evidence in the record, this Commission finds -that no subsequent, supplemental or additional Environmental Impact report documentation is required and that the adoption of the Negative' Declaration in connection with Subdivision 6924 is appropriate because (i) there have been no subsequent changes proposed in the Applicant ' s project which would require important revisions of the Oakley EIR for the Oakley Area General Plan due to the involvement of new significant environmental impacts not considered in such prior EIR; (ii) no substantial change has occurred with respect to the circumstances under which the project is to be undertaken, which will require important revisions in the Oakley EIR for the Oakley Area General Plan due to the involvement of new 4 87/646 Y significant environmental impacts not covered in' such prior EIR; (iii) no new information of substantial importance to the project has become available since the recent April 28, 1987 certification of such prior EIR. BE IT FURTHER RESOLVED, that having reviewed and considered the Oakley EIR prepared for the Oakley Area General Plan, the Initial Study of Environmental Significance and Negative -Declaration of . Environmental Significance prepared by the Community Development Department in connection with each of the requested project entitlements, this Commission further finds in the alternative that no further Environmental Impact Report shall be required for the Applicant ' s housing project in this area, pursuant to Section 21080 .7 of the Public Resources Code, ' based upon this Commission' s finding that (i) the project is consistent with the Oakley Area General Plan which has been adopted pursuant to Article 8 (commencing with Section 65450) or Chapter 3 of Title 7 of the Government Code; (ii) that the Oakley Area General Plan was adopted pursuant to procedures established by Article 8, commencing with Section 65450 (Chapter 3 of Title 7 of the Government Code) not more than five (5) 'years prior to this Commission' s findings; (iii) that . the Oakley Area General Plan has been subject to an Environmental Impact Report certified by the Board of Supervisors of the Contra Costa County on April 28, 1987; (iv) that the Oakley EIR. for° the Oakley Area General Plan is sufficiently detailed so that the significant- adverse effects of the Applicant ' s project on the environment and measures necessary to mitigate or avoid any such effects can be determined, including significant physical effects on existing structures and neighborhoods of historical or -aesthetic significance, if any, within the existing area covered by the Oakley Area General Plan. BE IT FURTHER RESOLVED, that, having reviewed and considered the Final EIR prepared for the Oakley Area General Plan, the Initial Study of Environmental Significance and Negative Declaration of Environmental Significance prepared by the Community Development Department in connection with each of the requested project entitlements, this Commission further finds in the alternative that the Oakley Area General Plan - constitutes a "Community Plan" pursuant to Section 21083 .3 of the Public Resources Code, which accommodates a density of residential development which is consistent with the App'licant ' s request for approval of the Tentative Subdivision Map affecting the project site, and that the Oakley EIR was certified for the Oakley Area General Plan, which addressed all the significant effects of the project. The Commission further finds that the mitigation measures set forth in 'the Oakley EIR covering the Oakley Area General Plan which are applicable to the project site, have been incorporated as part of the project where applicable pursuant to the 'Conditions of Approval attached hereto as Exhibit A. 5 87/646 BE IT FURTHER RESOLVED, that, this Commission finds that the project qualifies for a Density Bonus pursuant to Government Code Section 65915, ensuring that applicant can develop the number of units. equal to at' least twenty-five percent (25%) (27 units) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element. of the Oakley Area General Plan, provided that Applicant satisfies the provisions of Conditions of Approval Nos . 6, 7 and 8 to Subdivision Map 6924 . BE IT FURTHER RESOLVED, that this Resolution was given by motion of the East County Planning Commission at a regular meeting on May 11, 1987 by the following vote: AYES: Commissioners - PLANCHON, CATANZARO, ANDRIEU, DEAN, HARRISON, CASTIGLIONE, GLOVER, THRESH, NUNN NOES: Commissioners - NONE ABSTAIN: Commissioners - NONE ABSENT: Commissioners - NONE I, Ronald Nunn, Chairman of the East County Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on May 11, 1987, and that this Resolution was duly and regularly passed and adopted by the vote of the Commission. Ch irman, East Count Regional Planning Commission, County of Contra Costa, Jtary to of California Attest: S , a t County Regional Plan i Commission, County o Contra Costa, State of California DAG: l j/3 09945/06. 18.7 71736 . 010 6 87/646 1 EXHIBIT A CONDITIONS OF APPROVAL FOR SUBDIVISION 6924 1. This application is generally approved as shown on Final Development Plan Tentative Maps dated February 13, 1987, as ' received by the Community Development Department. 2. The maximum number of units allowed on this property shall be 107. 3. These applications are contingent upon approval . of rezoning of the site as proposed on 2710-RZ. 4. Submit a preliminary geologic and soil report evaluating static and earthquake-induced conditions. Simplified method using standard penetration tests shall be used to evaluate liquefaction. At least two test holes should evaluate soils to a depth of 35 feet unless groundwater is not encountered at 25 feet. The report shall be subject to review of the Planning Geologist; allow 45 days for review. Grading and improvement plans shall implement recommendations of the approved preliminary soils report. Final Map shall cite the approved report. 5. Grading plans shall include erosion protection on all slopes five (5) feet or more in height at 20 percent or steeper gradient. Protection shall be equal to or better than hydroseeding with mulch. Landscaping shall include species adapted to well-drained sand selected by a landscape architect. Grading and landscape plans shall be reviewed and approved by the Community Development Department. 6. In consideration of the grant of a density bonus pursuant to Section- 65915 and 65913 of the California Government Code, and Polic 1(h) of the Housing Element of the General Plan, and procedures adopted by the Board of Supervisors, pursuant thereto the applicant shall , contemplating a for-sale development, enter into a Developer Sales Agreement with the County at least 90 days prior to filing of a Final Map (form to be approved by the County) , which ensures that a number of units equal to at least 25% of the units allowed by the General Plan (27 units) are affordable to an occupied by Lower Income Households. For purpose of this condition, the following definitions apply: a. Low and Moderate Income Households - Households earning 110% or less of the current median income for Contra Costa County as defined in Section 50079.5 of the California Health and Safety Code; and b. Affordable Sales Price - A price determined pursuant to Appendix C of Procedures to Implement Density Bonus Policy for Affordable and Senior Citizen Housing scheduled for adoption by the Board of May 5, 1987, taking into account unit size and Prevailing Interest Rate. 7. Affordable units shall be placed throughout the development in a manner such that the size and quality of Affordable Units reflect the proportions in the total development, and that the Affordable Units be spatially disbursed. Prior to filing a Final Map the applicant shall submit to the Zoning Administrator a plan setting forth units to be affordable to lower income households; 87/646 2 8. Subject to review and approval of the Zoning Administrator, the applicant may, in the event of financial hardship, request modification to the foregoing, subject to maintaining conformance with Section 65915 and 65913 of the Government Code. 9. The applicant shall submit a copy of the proposed Conditions, Covenants and Restrictions to the Zoning Administrator for review and approval prior to filing of the Final Map. 10. If archaeological materials are uncovered during grading, trenching, or other on-site excavation, earthwork within 30 meter of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional- Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 11. The applicant shall comply with the Park Dedication Ordinance. The proposed park of 1.12 acres shall be considered in lieu of a portion of the fees. The applicant shall submit a park improvement plan for review by Oakley Municipal Advisory Committee and for approval of the Zoning Administrator prior to this condition being considered as fulfilled. 12. Each residence shall connect to the Oakley Water District for water service. 13. This project (Subdivision 6924, and 3010-87) shall be restricted by a declaration of covenants, conditions and restrictions (CC & R's) receiving the prior approval of the Community Development Department and the County Counsel , meeting applicable regulations of the California State Real Estate Commissioner and providing for a Architectural and Maintenance Committee to administer and enforce them. The CC & R's shall contain at least the following provisions: A. _A statement that the entire project and properties shall be subject to all of the conditions and restrictions contained within the resolu- tion(s) adopted by the Board of Supervisors which approve the tenta- tive subdivision map, final development plan and rezoning. Also, a statement that the project will be subject to all. of the conditions and restrictions contained in any accompanying approved development or site plans, elevations and landscape plans. B. A statement that the Association shall have the power and duty to maintain, repair, replace, restore, operate and manage all (if any) common areas and facilitate, improvements, equipment and landscaping in substantial compliance with the aforesaid approvals for the project. C. A statement 'that any new construction, reconstruction or exterior modification shall conform to the requirements of Contra Costa County. 87/646 3 A statement substantially in the following form: "The County of Contra Costa (or any city successor in interest) is hereby given supervisory jurisdiction over the enforcement of the provisions of this declaration dealing with maintenance, cleanliness, and repair of any common areas and exterior appearance of the project. In the event of a breach of any duty pertaining to such maintenance, cleanliness, repair or exterior appearance, the County of Contra Costa may give written notice of such breach to the Association, together with a demand upon the Association to remedy such breach. If the Association refuses to do so, or fails to take appropriate action within 30 days :of the receipt of such notice, the County of Contra Costa shall have standing and the right. (but not the obligation) to bring an action in a court of proper jurisdiction to enforce the provisions of this declaration. Should the County prevail in any such litigation, the Association shall be liable for and pay to the County its costs (including attorneys' fees and all other involved County staff time) . Nothing contained herein shall limit any other right or remedy which the County may exercise by virtue of authority contained in ordinance or state law. A statement in the CC & R`s providing authority for Association to collect the costs from the owners of property within said project of any required maintenance and/or enforcement of the CC & R's. To the extent possible the applicant shall provide to and deposit with. the Architectural and Maintenance Committee, within 6 months of the time the majority of its governing directors are elected by resident homeowners, a base line sum to be determined upon review and approval of the Zoning Administrator which will be restricted to being used to fund enforcement of these CC & R's by said association. 14. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. B. Convey to the County, by Offer of Dedication, 32.5 feet of additional right of way on O'Hara Avenue as required for the planned future width of 110 feet. C. Relinquish abutter's rights of access along O'Hara Avenue, including curb returns, with the exception of one access at "A" Street. D. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. The road connecting O'Hara Avenue to the northerly extension . of Danial Drive shall be constructed as a 40-foot road within a 60-foot right of way. 87/646 4 E. Mercedes Lane shall be dead end at the northerly boundary of this subdivision. The applicant shall construct "A" Street as a 40-foot road within a 60-foot right of way constructed to County public road standards to the north property line. The applicant shall erect a safety barrier across the roadway. F. Submit a revised Tentative Map to the Zoning Administrator, for review and approval , showing the revised circulation plan and lot layout. The revised .Tentative Map shall reflect the modifications in these conditions of approval . G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East/Central County Travel Corridor as adopted by the Board of- Supervisors. H. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. I. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits - and/or easements for the construction of off-site, temporary Qr permanent, road and drainage improvements. J. Prior to issuance of building permits, file the Final Map for . Subdivision 6924. K. Construct O'Hara Avenue as a 40-foot half width road within a 55-foot half width right of way. This road shall be constructed with curb face located 40 feet from the ultimate road centerline. L. Install street lights on all streets in this subdivision. The final number and location of the lights shall be determined by the County Traffic Engineer. M. Submit a pavement evaluation study for O'Hara Avenue to the Public Works Department, Road Engineering Division, for their review and - approval . The study shall be based on corings and deflection tests. Paving which is determined to be unsuitable shall be reconstructed or overlaid by the applicant. This study shall also include an analysis of the vertical alignment of the roadway and shall determine if adjustment of the vertical alignment is required for a safe, reasonably smooth roadway. .The applicant shall make any vertical adjustments which are recommended. N. Annex this property to the Oakley Area of Benefit and pay the fees required. If the property is not annexed to the Oakley Area of Benefit prior to filing of the Final Map, then the applicant shall construct off-site road improvements, of at least equal worth, acceptable to the County Public Works Department, Road Engineering Division. Or, as an alternate to the construction of all or a portion 87/646 of these improvements, the applicant shall contribute an equivalent amount to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements in the Oakley area prior to the filing of the Final Map. 0. Submit a landscape plan for all work within the public right of way subject to the review and approval of the Public Works Department, Engineering Services Division, and the Zoning Administrator. The plan shall be designed based on the County's Water Conservation Landscaping Policy with local native plants used as practical . P. The applicant shall annex this property to Lighting and Landscaping District 1979-3 LL2 for maintenance of the landscaping, walls, and other facilities in the dedicated right of way. Q. The applicant shall be required to construct standard transitions to the existing pavement and sidewalk areas. The applicant shall submit scaled drawing showing all elements of the proposed public improvements on O'Hara Avenue for the review and approval of the Zoning Administrator and the Public Works Department, Road Engineering Division. R. Acquire right of way and construct frontage improvements across the adjacent Johnson property. S. Comply with the drainage fee requirements for Drainage Area 30A as adopted by the Board of Supervisors. T. The applicant shall annex this property to Drainage Area 300, for the maintenance and operation of the drainage area's drainage facilities, prior to filing of the Final Map. U. The applicant shall take all necessary steps required to design the improvements and apply to the Federal Emergency Management Agency (FEMA) to remove this property from the 100-year flood hazard area. Application to FEMA shall be made through the County Community Development Department. The applicant shall pay all fees required by FEMA prior to filing of the Final Map. V. "C" Street shall be cul=de-sated west of O'Hara Avenue. At least half of the cul-de-sac bulb and 20 feet of pavement widening shall be. constructed 'at this time. The following are not conditions of approval . However, you should be aware of them prior to requesting building permits on the parcels of this subdivision. V Contra Costa County Building Inspection Department: Meet requirements of this department. 87/646 r i 6 B. Oakley Fire Protection District: Meet the requirements of this district. (See -attached letters.) C. Contra Costa County Health Services Department: Meet environmental health standards. KK:jn sub4:6924.kk 4/3/87 4/7/87 4/16/87 4/30/87 5/7/87 Revised 5/11/87 Attachment Oakley Fire District - March 13, 1987 87/646 EXHIBIT C SUPPLEMENTAL CEQA FINDINGS ON THE SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE BELLECCI AND ASSOCIATES (APPLICANT) AND COUNTRY INVESTORS (OWNERS) PROJECT IDENTIFIED IN THE OAKLEY AREA GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND STATEMENT OF OVERRIDING CONSIDERATIONS I . CEQA FINDINGS 1. Significant Impact - Geology and Soils The EIR indicates that the Oakley Area is characterized by soil with poor drainage and high erosion hazards . Cuts and fills from development could increase erosion which in turn could cause foundation stability problems for new construction. Also, the EIR indicates that sediment may accumulate in existing drainage facilities with a reduction in carrying capacities . (a) Facts. The project site, as indicated by the May 11, 1987 Staff Report, is relatively level with minor variations in elevations. The EIR, as a mitigation measure, recommends conditioning private developmental -projects on preparation ofgeologic or engineering studies. Condition of Approval No. 4 for Subdivision 6924 requires the Applicant to submit a preliminary geologic and soil report evaluating static and earthquake induced conditions, together with specific testing requirements. Condition of Approval No. 5 requires that grading plans include erosion protection within specified 1 87/646 parameters, requires that landscaping incorporates drainage considerations, and' that grading and landscaping plans be reviewed and approved by the Community Development Department. Condition of Approval Nos. 14(h) and (i) provide additional drainage mitigation measures for the project. In addition, Condition of Approval Nos. 14(s) , (t) and (u) contain provisions obligating the Applicant to pay drainage fees, to annex the project site to Drainage Area 300, and to pay fees to the Federal Emergency Management Agency to remove the project site from the 100 year flood hazard area . (b) Findings. The Hoard finds that the Conditions of Approval imposed on Tentative Map 6924, which incorporate mitigation measures suggested in the EIR, will substantially mitigate impacts related -to geology, drainage and soil conditions. 2. Significant Impact - Hydrology and Water Quality The EIR indicates that certain parcels designated for residential use within the Oakley Area are located within the 100 year flood hazard zones and that existing drainage f aci-lities may be insufficient. (a) Facts. As indicated in Section 1, above, substantial and numerous mitigation- measures have been imposed on the project ensuring the adequacy of drainage improvements necessary to serve the project and protect nearby areas . The Conditions of Approval further specify numerous dedications, require the construction of drainage improvements and require 2 87/646 the payment of drainage fees in accordance with the County Subdivision Ordinance (Title 9) . As indicated above in Section 1 above, the Applicant is required to apply to the. Federal -Emergency Management Agency to remove the property from the 100 year flood hazard area and to- pay the required fees prior to the filing of its final map. (b) Findings. The Board finds that the potential impact on hydrology and water quality can be substantially mitigated by the Conditions of Approval and mitigation measures incorporated as part of the project, as were set forth in the EIR. 3. Significant Impact - Vegetation and Wildlife The EIR indicates that the redesignation of land now used for .agriculture south of Highway 4 would result in the elimination of orchards, vineyards and agricultural uses. (a) Facts. The Staff Report dated May 11, 1987 indicates that the project site is currently used as an orchard. The EIR proposes, as a mitigation measure requirement, that erosion and sediment control plans be required of each applicant proposing development on the north side of the Santa Fe railroad tracks and that landscaping plans for specific projects could include the planting of orchard and oak tree species currently found in the area. 'Condition of Approval No. 5 provides erosion protection measures and provides that. landscaping should include species adapted to well drained sand, as selected by a landscape architect. 3 87/646 Furthermore, grading and landscaping plans are to be reviewed and approved by the Community Development Department. The Initial Study indicates that the orchard generally accounts for only 20 percent of the vegetation on the project site, and that approximately 80 percent is plowed. (b) Findings. The Board finds that the elimination of the orchard and agricultural lands will occur as a result of the project; however, the Conditions of Approval and mitigation measures incorporated as part of the project, including erosion control plans, landscaping and the dedication of a 1. 12 acre park site, will substantially mitigate this impact. 4 . Significant Impact - Land Use The EIR indicates that the development resulting . under the Oakley Area General Plan would decrease the amount of acreage designated for agricultural production in favor of residential, industrial and commercial development. (a) Facts. In the May 11, 1987 'Staff Report, the section entitled "Land Use" , indicates that the project conforms to the applicable policies of the new Oakley Area General Plan. In addition, the Staff Report .indicates that the Applicant has dedicated a 1. 12 acre park area for use of subdivision homeowners. The draft parks element supplementing the Local Recreation Areas section of .the Oakley Area General Plan recommends that parks be a minimum of five acres. However, the East County Regional Planning Commission 4 .87/646 • recommended the dedication and improvement of a small park since there are no nearby parks in this area. In addition, this Board imposed on the project the payment of' the park dedication fee without crediting the value of the park against the payment of such fee. A mitigation measure set forth in the EIR applicable to the project site is that development in the area south of Laurel Road should- be phased according to availability of public services and utility capacities . Condition of Approval 15 requires the Applicant, prior to the . filing of a final map, to obtain a letter from each agency providing service indicating the ability to serve the needs of the -development. In addition, the Staff Report states that the Oakley Water District has indicated sufficient service availability, particularly as this is the first project to be approved under the Oakley Area General Plan. (b) Findings. The Board finds that the land use impacts resulting from the project will be substantially mitigated by the Conditions of Approval and mitigation measures imposed on the "project, including the park dedication requirement, the park fee requirement and the growth management measure whereby the project is conditioned upon the availability of public services and utility capacities. The Board finds that this project is in accordance with the growth management policies set forth in the Oakley Area General Plan. 5 87/646 5. - Significant Impact - Visual Quality and Community Character The EIR indicates that the character of the Oakley area would change from rural to suburban and that views of fields and' open space on the perimeter of Oakley would be altered. (a) Facts. The Staff Report dated May 11, 1987 indicates that the Applicant has provided a development that, with . its higher density, will still be compatible with surrounding neighborhoods. The attached structures provide a building scale that is similar to adjacent development and the roadway system includes a curved roadway with two cul-de-sacs to provide visual variety and interest to this deep, narrow site. In addition, the dwelling units are sided with veering setbacks to avoid a monotonous street frontage. The Supplemental Staff Report dated July 28, 1987 further indicates . the extent of buffering - incorporated as part of the project and indicates that to provide a buffer on three sides of the project the Applicant has placed the larger lots, primarily at 7,200 square feet and greater, on the perimeter and the smaller, 5,000 square foot lots in the interior of the project. (b) Findinas. The Board finds that the visual and community character impact of changing from rural to suburban cannot be fully mitigated. However, this Board finds that the adverse impacts have been substantially mitigated, 6 87/646 particularly in view of the extent to which the project has incorporated urban design guidelines and landscaping requirements as suggested in the EIR. 6. Significant Impact - Cultural Resources The EIR indicates that development would potentially result in adverse impacts to subsurface archaeological- resources. (a) Facts . The EIR proposes as a mitigation measure that site specific archaeological surveys could be conducted as specific development plans are proposed. Condition 10 to the project expressly adopts the mitigation measure recommended in the EIR and states that if such archaeological materials are uncovered during grading or on site excavation, that earthwork within 30 meters of these materials will be stopped pending a review by a professional archaeologist. (b) Findings. This Board finds that any impacts on cultural resources can be mitigated- during the project development stage with the mitigation measures suggested in the EIR, as incorporated in Condition No. 10 -to the vesting tentative map. 7. Significant Impact - Traffic and Circulation The EIR identifies numerous traffic and circulation impacts arising out of the Oakley Area General Plan. Potential traffic impacts were particularly noted at inajor Highway 4 intersections, including Laurel Road, which 7 81/646 feeds into the project site. The EIR notes that Highway 4 would be most severely affected, while the local road network would be generally less affected. (a) Facts. Condition No. 14 to the vesting tentative map provides for substantial dedications, improvements and payments related to the mitigation and improvement of traffic and circulation within the project area. The EIR suggests that ultimate -geometric design of all ' intersections should be prepared now for build-out condition and that rights-of-way should be acquired at the earliest stage. . This mitigation measure has been incorporated as part of Condition No. 14 to the vesting tentative map, as indicated by the offer of dedication of the right-of-way on O'Hara Avenue. Condition Nos. 14(d) , (e) , (k) , (1) , (r) , and (v) , pertain to the construction and dedication of roads to county public road' standards. Impacts on traffic will further be reduced by implementation of the mitigation measure set forth in the EIR recommending implementation of a transportation systems management (TSM) program. This condition has taen added by this Board to the Conditions of Approval for Subdivision 6924 . To further mitigate the traffic and circulation impacts of the project, this Board further added Condition 19 which requires the Applicant to submit a traffic 8 87/646 study addressing regional and local traffic circulation prior to the filing of the final map. The implementation of this traffic study by the Zoning Administrator further addresses the mitigation measures set forth in the EIR. (b) Findings. This Board finds that the impacts of the project on traffic and circulation can be substantially mitigated with the implementation of the Conditions of Approval imposed on this project and that the applicable mitigation measures suggested in the EIR have been met, or in some cases surpassed, by the conditions imposed on this project. In particular, this Board finds that the mitigation measures pertaining to compliance with the bridge-thoroughfare fee ordinance, the transportation systems management program and the traffic study, will, in addition to the substantial. improvements and dedications imposed on the project, substantially mitigate the traffic and circulation impacts arising from the project. 8. Significant Impact - Climate and Air Quality The EIR identifies the impact of increased vehicular traffic on air quality while acknowledging that such omissions would not significantly threaten local air quality due to the currently low level of pollutants. The EIR further identifies the impact of construction in generating dust emissions arising from construction. 9 87/646 (a) Facts. Implementation of a transportation systems management program is cited in the EIR as a mitigation measure which would offset potential adverse affects on air quality. This mitigation measure has been incorporated into Condition 16 for Vesting Tentative Map 6924, which was added by i this Board as a condition of approval at its August 11, 1987 hearing. (b) Findings. The Board finds that the impact of the project on air quality can be substantially mitigated through the implementation of the transportation systems management program which was imposed on the project. 9 . Significant Impact - Noise The EIR identifies the impact of increased development in the Oakley area arising from development pursuant to the Oakley Area General Plan. In addition, the EIR identifies the temporary noise impacts arising from construction activities. (a) Facts. Applicant's project is the first development project in the Oakley area since the adoption of the Oakley Area General Plan. As such, the noise mitigation measures recommended in the EIR may be imposed on subsequent projects; however, strict implementation of noise mitigation measures has not been strictly imposed on this project considering the adjacent agricultural uses. The Applicant is 10 87/646 required to meet environmental health standards set forth by the Contra Costa County Health Services Department. (b) Findings. The Board finds that the impact of this particular project on noise considerations within the Oakley area is substantially mitigated by the fact that this project is the first project in the area. In addition, as indicated in the May 11, 1987 Staff Report, larger lots with deeper back yards have been placed along the external property lines to serve as buffers to existing or potential residences in the surrounding community. This buffer will also serve .as a noise buffer. Accordingly, this Board finds that compliance with the Department Of Health and Safety requirements and the buffering of the project will substantially mitigate the noise impact. 10. Significant Impact - Public Services and Utilities The EIR indicates that the projected growth for the area would impact the demand for public services and utilities and could, if growth exceeds the capacities of public utilities, result in a reduction in service standards . In addition, the EIR indicates that higher fees could result if utility expansion is not paid for by development. (a) Facts. Condition 15, added by this Board as a Condition of Approval to Vesting Tentative Map 6924, requires that the Applicant obtain a letter from each agency providing public service indicating the ability to serve the needs of the development prior to the filing of a final map. This Condition 11 87/646 of Approval addresses a mitigation measure set forth in the EIR. As indicated in the August 11, 1987 Staff Report, the Oakley Water District has indicated it -can currently serve the project with existing capacity. Condition of Approval- No. 12 requires that each resident shall connect to the Oakley Water District for water service. The project also must meet the requirements of the Oakley Fire Protection District. The July 28, 1987 Supplemental Staff Report references the Board' s continuing concern over the provision of adequate police services in the Oakley area. Condition of Approval 18 to Vesting Tentative Map 6924, as added by this Board at its August 11, 1987 meeting, requires the Applicant to annex the project site into a special tax area for police services at an initial level of $100 per parcel annually. This Condition of Approval addresses a mitigation measure set forth in the EIR. Condition of Approval 17 requires the provision of childcare facilities and/or services for the development project. The August 11, 1987 Staff Report addresses the impact on outdoor recreation space by requiring the Applicant to contribute to the park dedication fund and by requiring the Applicant to dedicate and develop a small park for the development project. (b) Findings. The Board finds that the impact of increased demand for public services and utilities on the level of service standards will be substantially mitigated by the Conditions of Approval imposed by this Board upon the Project. 12 87/646 11. Significant Impact - Population and Housing The EIR indicates that an imbalance between housing and jobs could exist if a substantial proportion of Oakley residents are employed outside the community. (a) Facts. The EIR indicates, as a mitigation measure, that opportunities should be encouraged for lower income people to rent and purchase housing in Oakley to ensure a more diverse social and economic mix of residents in the community. The Applicant of this project has requested a density bonus of 25 percent for low to moderate income households. By providing affordable home prices, the project will further the socio-economic mix within the Oakley community. (b) Findings. This Board finds that this project, by providing for a density bonus pursuant to state law, will provide homes for low to moderate income families and thereby mitigate housing impacts which could otherwise result from the approval of this project under the Oakley Area General Plan. 12. Significant Impact - Cumulative Impacts The EIR indicates that development projects within the Oakley Area General Plan area will cumulatively impact sewer, water, road systems, air quality, noise levels, public services, and drainage impacts. (a) Facts. The cumulative impacts of this project within the community and region have been addressed and mitigated by the Conditions of Approval imposed on the project, 13 87/646 particularly by the growth management condition to the vesting tentative map, as described in the July 28, 1987 Supplemental Staff Report wherein "will serve" letters will be required prior to the filing of a final map. In addition, traffic and other studies will address the impact of this project on regional and local traffic circulation, thereby furthering the analysis and implementation of mitigation measures related to cumulative impacts . (b) Findings . This Board finds that the impact of the project on the overall cumulative impacts within the Oakley area and the East County will be substantially mitigated by the Conditions of Approval imposed by this Board on the project. 13 . Significant. Impact - Growth Inducing Impacts The EIR indicates that projected high rates of population growth in rural East Contra Costa County will likely occur notwithstanding growth in the Oakley area. The EIR further indicates that growth in the Oakley area will be largely dependent upon the financing of public. improvements, utilities and services . (a) Facts. The EIR suggests that phasing mechanisms be implemented as mitigation measures for the growth inducing impacts in the Oakley area. The July 28, 1987 Staff Report, as well as the discussion by this Board at its July 28, 1987 public hearing, indicated that future phasing of projects may be necessary. As previously indicated, this project is' the 14 87/646 • first project to be approved following the adoption of the Oakley Area General Plan. Therefore, the approval of this project will induce further projects; however, as indicated in the EIR, there were approximately 35 general plan amendments pending for the Oakley area at the time the EIR was proposed. Condition of Approval 15, as added by this Board to the approval of Vesting Tentative Map 6924, requires the Applicant to obtain a letter from each public agency providing public service indicating the ability to serve the needs of the development. (b) Findings. The Board finds that the Conditions of Approval imposed on this project incorporate the mitigation measures set forth in the EIR and will substantially mitigate the growth inducing impacts associated with this project. The Board finds that the conditions requiring adequate public facilities, infrastructure improvements and public services will ensure phased development and compliance with the growth management policy of the Oakley Area General Plan. II . STATEMENT OF OVERRIDING CONSIDERATIONS This Board finds that, to the extent any impacts attributable to the project remain unmitigated, such impacts 15 87/646 • are acceptable in light of the overriding social, economic or other considerations set forth herein. The Board finds that the mitigation measures or project alternatives necessary to further mitigate or avoid the significant environmental affects identified in the EIR are infeasible with respect to this project. Such measures and alternatives would impose limitations and restrictions on the development of the Applicant 's project which would prohibit obtaining the specific social, economic and other benefits of the project which the Board finds outweigh the unavoidable or unmitigated impacts, and which justify approval of the project. Specifically, the Board finds that the following social, economic and other considerations warrant approval of the project notwithstanding any unavoidable or unmitigated impacts resulting from the project. The project is justified by the need to increase the housing supply in the County, and is particularly helpful in meeting the needs of low to moderate income households. The Board finds- that- the Applicant ' s request for a de�:sity bonus conditioned upon reserving 25 Percent base units for qualified low to moderate income families at affordable prices will further this socio-economic policy. Furthermore, the project will provide substantial infrastructure and public service improvements, including roadways, drainage, streetlights, and other improvements required for the public health and safety of this area. This Board finds that the Applicant 's contributions to the park 16 87/646 fund, as well as the dedication of a portion of the project site for a neighborhood park will serve as social benefits to the Oakley community. In addition, the Board finds that the Condition of Approval requiring Applicant's participation in a future childcare facilities program will serve the needs of the Oakley community. III . PROJECT ALTERNATIVES This Board has previously made findings in connection with its certification of the EIR, whereby it evaluated and rejected (1) the no-project alternative, (2) the Alternative Project, and (3) a combination of the Proposed Project (Oakley Area General Plan) and the Alternative Project. By this reference, these findings are incorporated as part of this document. DAG:mc/0 1267S/10.09 .7 71736. 010 17 87/646