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HomeMy WebLinkAboutMINUTES - 01121988 - 1.42 i v`�I�s/ To'. BOARD OF SUPERVISORS FROM: Harvey E. Bragdon, Contra Director of Community Development CWIa DATE: December 29, 1987 C SUBJECT: Consideration of Final Amended Conditions of Approval for 2707-RZ, 3006-87 and SUB 6881, (Bridge Housing Project - Tara Hills-Pinole Area) . SPECIFIC REQUEST(S) OR RECOMMENDATION(.S) & BACKGROUND AND JUSTIFICATION BACKGROUND On September 8, 1987, the Board approved this project on a 4-0 vote with Supervisor Powers abstaining. The Board directed staff to prepare Final Amended Conditions for Board consideration at a later date. Staff, in preparing these conditions, has worked with the Developer, the M-17 County Service Area, and the staff of the City of Pinole and believes all are legally in accord with the Final Amended Conditions presented here and marked Exhibit A. RECOMMENDATION 1. Accept the environmental documentation as being adequate. 2. Adopt the County Planning Commission reasons and findings as set forth in Resolution No. 34-1987, as the determinations for this decision. 3. Consider and approve the Final Amended Conditions attached hereto as Exhibit A. CONTINUED ON ATTACHMENT: V YES SIGNAT E RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIbN OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON January APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT 1 AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: _ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Orig. Dept. : Community Development ATTESTED January 12, 1988 CC: County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Building Inspection SUPERVISORS AND COUNTY ADMINISTRATOR Public W6rks Davidson-J�avanaugh M382/7-83 ,DEPUTY Pinole 1Fire Protection Dist. BY 2. EXHIBIT "A" CONDITIONS OF APPROVAL FOR 2707-RZ 1. This approval is based upon the exhibits received by the Community Development Department and listed as follows: A. Exhibit "A" - Revised Preliminary Development Plan for a 218 Unit Planned Development received March 13, 1987, except that the total of units shall be reduced to 215. B. Exhibit "B" - Preliminary floor plans and building elevations received February 5, 1987. C. Conceptual landscape plan, received February 5, 1987. D. Preliminary grading and utility plan received February 5, 1987. 2. Lots 97, 98 and 99 shall be combined into two lots by combining approximately 1/2 of Lot 98 with proposed Lot 97 and 1/2 with proposed Lot 99. Lots 99 to 112 shall be redesignated Lots 96 to 109. 3. The Developers shall work with the City of Pinole to apply for annexation of the project to the City of Pinole to completion of construction of the project. A. In the event annexation is completed on or before September 9, 1988 the following shall apply: 1) The final map will be processed and approved by the County. 2) Prior to annexation, permits will be issued by and inspections made by the County except if an agreement is entered into between the County and the City of Pinole providing for pre-annexation city inspections. Following annexation, permits will be issued by and inspections made by the City. 3) All building permit, inspection and impact fees (including park impact fees) associ-ated. w.i.th. building permits issued by the County wil-l' be paid in accordance with County ordinances. All building permit, inspection and impact fees (including park impact fees) associated with building permits issued by the City will be paid in accordance with City ordinances. 4) To comply with the City's Park Impact Ordinance, the Developer will make a combination of fee payments and land dedication. The area to be dedicated includes: the 2.4 acre Open Space area as presented to the Board of Supervisors on September 8, 1987; an area between Marlesta Road and the creek for approximately 200 feet + 15 feet of frontage from the project boundary southerly (approximate location of Lots 74 - 72) ; and the pathways. The Developer will be credited for land dedication pursuant to City Ordinance which includes all dedicated open space other than the wetland area. 3. As stated in the City's Park Impact Ordinance, for every 631 square feet of dedicated park land, the developer will be credited the Park Impact Fee for one housing unit. 5) To accommodate the larger neighborhood park, three lots will be eliminated (72 - 74) , a fourth lot (71) will be relocated to be tangent to Lot 70. The pathway between Lots 70 and 71 will not be necessary because of the enlargement of the park. 6) Park Impact Fees will be used for the benefit of the site's residents and neighboring residents for development of the on-site neighborhood park and open space area. Upon completion by the City of Pinole of the on- site park development, the City will transfer any and all remaining funds to County Service Area M-17 for use at their discretion .for projects within the County's M-17 Service Area. This condition may be modified by the Zoning Administrator if and when the Zoning Administrator is satisfied that an agreement has been reached between M-17 County Service Area and the City of Pinole. 7) The Developer will not be responsible for the development or maintenance of the on-site open space other than for the fees and land dedications described above in 3. and 4. 8) The City shall consult with the Developer and the County Service Area M-17 District Advisory Committee on the design of the on-site neighbor- hood park. 9) The annexation process or other required City actions shall not delay issuance of building permits beyond April 15, 1988. 10) The Developer shall negotiate in good faith with the City a Memorandum of Understanding (M.O.U. ) and a Development Agreement (DA) detail i.ngw;;th.ese, conditions for annexation. These agreements will provide that the project will be approved by the City with the general development plan terms and conditions as approved by the County. B. In the event annexation does not occur by September 9, 1988, the site will be developed within the County with approvals made and permits issued and administered by the County. In this event the following shall apply: 1) The Developer shall pay a Park Impact Fee for each unit to the County on behalf of County Service Area for local improvements subject to the County Park Dedication Ordinance. 2) The Developer shall offer for dedication to the County the entire 2.5 acre open space, as presented at the September 8, 1987 Board of Supervisors meeting, which open space includes Lots 48 and 49 (March 10, 1987 drawings) . Path- ways in the project area shall also be offered for dedication to the County. 4. 3) The Developer shall develop the on-site neighbor- hood park in the same manner as indicated on the revised park plan presented at the September 8, 1987 Board of Supervisors meeting. The final plan shall be completed with the cooperation of the County Service Area M-17 Advisory Committee, subject to the review and approval of the Zoning Administrator. 4) The Developer shall form an assessment district to support costs born by County Service Area M-17 for the maintenance of the on-site open space/park areas. 5) All building permit, inspection and impact fees will be in accordance with County ordinances. The Park Impact Fee will be paid to the County no later than the final inspection or the date of certificate of occupancy is issued, whichever occurs later. 6) If development occurs within the County prior to September 9, 1988, Lots 72 through 74 shall remain undeveloped so that if the property is annexed to the City of Pinole those lots will be transferred to the City for park development. 4. The development can be built in five phases. More than one phase may be constructed at one time. 5. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned shall become an integral part of the West Contra Costa Sanitary District's sewerage collection system. 6. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distri- bution system, located within the boundaries of the proper- ties concerned in this application, shall become,:ani - ;nteg,r.a�l�-.- -: ---: part of the East Bay Municipal Utility District's overall water distribution system. Each individual living unit shall be served by a separate water connection. 7. Comply with the requirements of the Pinole Fire Protection District including provision for water supply and fire hydrants, as determined by the District. 8. The Covenants, Conditions and Restrictions (C.C. & R. 's) developed for this project shall include the following deed restrictions: A. No recreational vehicle, boat trailer or mobile home shall be stored withi-n the condominium area overnight. B. Limit on types and number of pets within the condominium area. CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3006-87 1. This approval is based upon the exhibits received by the Community Development Department and listed as follows: • 5. A. Exhibit "A" - Revised Final Development Plan for site done by James Guthrie & Associates dated received March 13, 1987. Total number of single family lots to be reduced from 112 to 109. B. Exhibit "B" - Floor Plans and Typical Elevation Plans dated received February 5, 1987. C. Traffic Analysis Report by Pang & Associates dated received February 5, 1987. D. Geotechnical Investigation of Collins School site by Alan Kropp & Associates dated received February 5, 1987. 2. This approval is subject to adoption of an Ordinance for the rezoning of the subject property under application 2707-RZ. The final number and layout of units shall reflect the Board's approval . 3. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, television aerials, etc. , or they shall be screened from view. The building shall be finished in wood or other materials acceptable to the Zoning Administrator. 4. The site can be developed in five phases consisting of the following: A. Phase I : Lots 1 to 13, Lots 31 to 37 and Lots 107 to 112 (redesignated Lots 102 to 109) along with Limerick Road, required frontage improvements, traffic mitiga- tion measures, as deemed necessary by the Public Works Department, street tree landscaping, perimeter fencing and the construction of a suitable barrier to motor- cycles at the Spencer Place entrance to the path that is to run between Spencer Place and the extended Limerick Road. B. Phase II : Lots 14 to 30 and Lots 42 to 55 along with the rest of the extension of Limerick-��R.oad,=._ ther extension of O'Connor Drive, O'Connor Court and part of Carlow Road, the construction of required frontage improvements, traffic mitigation measures as deemed necessary by the Public Works Department, street tree landscaping, construction of a 6' wide cement path with suitabl.e barriers at each end from Spencer Place to Limerick Road and drought tolerant bushes or ground cover. The improvement of the riparian habitat to the branch of Garrity Creek, and the construction of the play/picnic area, turf area in the park, the planting of native type of trees along the southerly side of Garrity Creek, and required perimeter fencing. The open space area shall be open for public use. The open space area shall be enlarged by deletion or relocation of Lots 48 and 49. 6. C. Phase III : Lots 38 to 41, Lots 56 to 63 and Lots 88 to 105, the extension and construction of Hanley Drive and Court, the rest of Carlow Road and short section of Marlesta Road, the construction of required frontage improvements, traffic mitigation measures as deemed necessary by the Public Works Department, street tree landscaping, required perimeter fencing, construction of a 6' wide cement path with an acceptable grade from the end of Hanley Court to the Shannon School site, together with a gate onto the school ground and suit- able barriers to motorcycles and the planting of acceptable drought tolerant bushes or ground cover. The three proposed lots that front on Doolin shall be reduced to two lots by combining 1/2 of Lot 98 with Lot 97 and 1/2 of Lot 98 with Lot 99. The Lot 98 and Lot 99 combination shall be redesignated Lot 96. D. Phase IV: Lots 64 to 87, the rest of Marlesta Road extension from end of existing paving to the section built in Phase III , Kenmare Court, the construction of required frontage improvements, street tree land- scaping, required traffic mitigation measures as deemed necessary by the Public Works Department, required perimeter fencing, construction of a 6' wide slightly meandering cement path from O'Connor Court to Marlesta Road and suitable barriers to prevent motorcycle use along with the planting of acceptable drought tolerant bushes or ground cover. E. Phase V: The 106 condominium units, pool and recrea- tion building, required perimeter fencing, tot lot play area, landscaping of site, paving of access road, and parking area, required traffic mitigation measures as determined by the Public Works Department, a 5' side- walk on one side of the entrance drive out to San Pablo Avenue construction of vehicle parking covers, the pedestrian bridge across the creek. The path along the northerly side of the creek shall be open to public use. 5. Comply with landscaping requirements as follows: A. A landscaping program for all areas shown on the submitted plot plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. B. California native species shall be used as much as possible especially around the creek/park area. All trees shall be 15 gallon size, all shrubs shall be 5 gallon size. Trees should be of a drought tolerant type. The public streets shall be landscaped with suitable trees on each side of the street. A single street tree type shall be used through the single family area of the project. C. Tot lot design details shall be submitted for review and approval of the Zoning Administrator. D. Pool fencing shall be in compliance with county code. E. The area between the condominium area and San Pablo Avenue shall be heavily landscaped with suitable trees and bushes. 7. F. The recreation building shall include a suitable room for gatherings, restrooms, a sink and cupboards. It shall open out onto the pool/spa area. G. The Zoning Administrator shall review and approve fencing details and locations. Any masonry fence shall be made of tan or brown tinted, rough faced concrete blocks or some other material acceptable to the Zoning Administrator. H. Landscaping shall comply with the Contra Costa County policy on water conservation requirements for new developments. 6. An archaeological field reconnaissance report shall be prepared and submitted to the Community Development Depart- ment. This report shall be prepared by a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) . 7. The site lighting shall be of low intensity and shall be deflected to shine only onto the site. The lighting of the recreational area and park shall be reviewed and approved by the Zoning Administrator at least 30 days prior to issuance of building permits for Phase II or Phase U. 8. Each unit shall have address numbers that are clearly visible day and night to the street or path in front of the unit. There shall be a map directory placed in at least three suitable areas of the condominium development to help guide visitors. 9. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned shall become an integral part of the West Contra Costa Sanitary District's sewerage collection system. 10. Water supply serving the properties concerned shall b.e by the East Bay Municipal Utility District. Such water--di`sfiit­ bution system located within the boundaries of the proper- ties concerned in this application, shall become an integral part of the East Bay Municipal Utility District's overall water distribution system. Each individual living unit be served by a separate water connection. 11. Comply with the requirements of the Pinole Fire Protection District including provision for water supply and fire hydrants, as determined by the District. 12. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Community Development Department. 13. The Covenants, Conditions and Restrictions (C.C. & R. 's) developed for this project shall include the following deed restrictions: A. No recreational vehicle, boat trailer or mobile home shall be stored within the condominium area overnight. B. Control of number of pets within the condominium area. 8. 14. The design, color and location of any project signs at the entrance to the property shall be reviewed and approved by the Zoning Administrator. 15. Parking and driveway areas shall be paved so as to prevent ponding of water or the creation of dust. Uncovered parking spaces for use by the various units and handicapped parking spaces shall be clearly marked. The covered parking area near the single family residences on O'Connor Drive shall be setback at least 5' and have a solid west wall . Landscaped areas shall be widened to allow parking overhang. 16. The applicant shall submit street names for the proposed private road to the condominiums for review and approval of the Community Development Department and the fire district. 17. Each condominium shall have at least 50 cubic feet of protected storage space exclusive of normal closets. 18. Comply with the requirements of the West Contra Costa Sanitary District. 19. The setback standards for the single family Lots 1 to 109 are to be the same as those required in the R-6 zoning district. 20. The most easterly condominium building of the site shall be setback 20' from the east property line. 21. The roofs of the houses, condominium units and recreation building shall drain to the public streets access roads or storm drains. Single family residential building pads shall be sloped to drain to the street. 22. Each housing unit shall be provided with fire district approved smoke detectors. The smoke detectors shall be mounted on the ceilings near bedrooms. 23. The homeowners association within the condominium area shall be given complete as built plans for the drainage facili- ties, utilities, irrigation pipes, pool , play area, and pedestrian bridge. 24. Applications for grading permits shall indicate the engineer's review and approval by signature. 25. In consideration of the grant of a density bonus pursuant to Sections 65915 and 64913 of the California Government Code, and Policy 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 10% of the units allowed by the General Plan (184 units) are affordable to and occupied by Lower Income Households. For purposes of this condition, the following definitions apply: A. Lower Income Households - Households earning 80% 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 9. B. Affordable Sales Price - A price determined pursuant to Appendix C of Procedures to Implement Density bonus Policy for Affordable and Senior Citizen Housing adopted by the Board on May 5, 1987, taking into account unit size and Prevailing Interest Rate. 26. Affordable units shall be provided in the condominium/townhouse portion of the development and placed throughout the development in a manner such that the size and quality of Affordable Units reflect the proportions in the condominium/townhouse and detached single family portions of 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. 27. Subject to review and approval of the Zoning Administrator, nothing in the foregoing would preclude the applicant from proposing meeting the requirements of this grant of a density bonus through the provision of rental units. 28. All graded, cleared, and other disturbed soil areas shall be hydroseeded or otherwise protected against erosions before October 15. 29. Project design and construction shall implement recommenda- tions and specifications of the geotechnical report by Alan Kropp and Associates, dated February 3, 1987, including a working season of April 15 to October 15. The report was dated received February 5, 1987 by the Community Development Department. 30. Suitable recycling area(s) shall be developed for this project subject to Zoning Administrator review and approval . These recycling areas shall be established only after a means of pick up for recyclable material is developed. The recycling area(s) shall be properly screened from view. 31. During construction of Phases I to IV of this project, the developer/owner shall make provision for the transportation of any grammar or high school students that - have: oto.:?-cros&' the site. The provisions made shall be acceptable to the Richmond Unified School District. 32. Comply with the Richmond Unified School District's fee requirements. 33. The State Department of Fish and Game shall review and approve riparian habitat enhancement plans prior to their development. 34. The applicant shall receive any required permits from the Corps of Engineers for work within the creek. 35. The plans for this project will be submitted for review by the County Sheriff's Department for suggestions on any changes that could be made for defensive crime prevention designs. If agreement cannot be reached the matter can be brought back to the Zoning Administrator for decision. 10. 36. 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. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. Marlesta Road, Hanley Drive and the portions of Limerick Road south of Hanley Drive shall be 40 foot roads within a 56 foot rights of way with a 2 foot public use easement on each side. Carlow Road and O'Connor Drive shall be 36 foot roads within 52 foot rights of way with a 2 foot public use easement on each side. C. Remove the asphalt concrete berm along the portion of San Pablo Avenue in the vicinity of Murphy Drive and replace it with concrete curb. D. Extend the 4-foot 6-inch sidewalk along the south side of San Pablo Avenue from the entrance to the condominium project easterly to the existing sidewalk. E. Widen Doolin Court to a 32 foot pavement width and install curb and 4-foot 6-inch sidewalk. F. Construct the San Pablo Avenue entrance to this site as a street type intersection with 30 foot radii curb returns. The applicant shall submit a scale drawing strip plan showing existing and proposed channelization modifications, with frontage improvements and suitable tapers to the City of Pinole and the County Public Works Department, Engineering Services Division, for review and comment and to the Zoning Administrator for review and approval . G. Warning and regulatory signs shall be shown on the improvement plans and shall be subject to---the:t.regi e_.w_,-. . and approval of the Traffic Engineer. H. Design and construct the emergency fire exit from the condominium project access road to O'Connor Drive with a break away barrier acceptable to the fire district and the Zoning Administrator. I . Submit the design of the pedestrian bridge over Garrity Creek to the Zoning Administrator for review and approval . Structural calculations and structural design shall be subject to the review of the Building Inspection Department. Hydraulic calculations shall be subject to review of the Flood Control District. J. Provide access and maintenance easement along open space area to the satisfaction of the County Flood Control District. K. Overlay O'Connor Drive between San Pablo Avenue and the subdivision boundary with 0.12 feet of asphalt concrete. Conforms and gutter lips shall be milled. 11. L. Submit a sight distance analysis for the Limerick Road-O'Connor Drive intersection to the Public Works Department, Road Engineering Division, for review and implement recommended mitigation measures subject to the review and approval of the Zoning Administrator. M. Convey to the County of Contra Costa by Grant Deed the park, open space and path area. N. The Homeowners' Association covenants, conditions and restrictions shall provide for maintenance of the "Restricted Development Area", the "21 foot Access and Maintenance Easement" and the paths. 0. Prior to issuance of building permits, file the Final Map for Subdivision 6881. P. Connect Marlesta Road to the City of Pinole portion of that roadway. . 37. Houses on Lots 88 to 112 shall be limited to one story unless the applicant can submit a view analysis showing that a two story residence on a lot would not block the view of existing houses to the south. Houses on Lots 5 to 21 shall be set well forward and designed to minimize to a reasonable level any blockage of the sun from residences or existing solar collectors to the west. 38. Site grading, exterior construction, road paving, cement/foundation construction and noisy interior construction shall be conducted only Monday through Friday, 8:00 A.M. to 5:00 P.M. No work shall be done on national holidays. 39. The developer shall make a strong effort to see that any families or persons qualifying for the lower income living units come from within 15 miles of this project. The developer shall submit a report of his efforts for the Zoning Administrator's review in this matter. The Zoning Administrator shall submit the report to the ..Boar.d ,_o.f.;.. Supervisors for their review. 40. Provision of a Child Care Facility or program is required for this development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the issuance of a building permit. The developer shall work with Tara Hills Alliance Church to provide such services. 41. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TSM Ordinance) . The approved TSM Plan shall be operative prior to final inspection by the Building Inspection Department. 42. The developer shall form an assessment district to support maintenance costs for the park area for the M-17 County Service Area. 43. Provide joint driveways on cul-de-sac lots to allow adequate frontage area for additional on-street parking. Joint driveways are to be provided for Lots 81 and 82, Lots 83 and 84, Lots 91 and 92, and Lots 93 and 94. 12. 44. The driveway access to Lot 50 shall be paved to a width of 10 feet. CONDITIONS OF APPROVAL FOR SUBDIVISION 6881 1. This approval is based upon the revised tentative map dated received by the Community Development Department on March 13, 1987. The final map for Subdivision 6881 shall not be filed until final action is taken on the Preliminary Development Plan (3006-87) and rezoning application filed on the subject property (2707-RZ) . The final map shall reflect the final number of units and lots approved. 2. The total number of housing units shall not exceed 215 units. 3. The Developers shall work with the City of Pinole to apply for annexation of the project to the City of Pinole to completion of construction of the project. A. In the event annexation is completed on or before September 9, 1988 the following shall apply: 1) The final map will be processed and approved by the County. 2) Prior to annexation permits will be issued by and inspections made by the County. Following annexa- tion, permits will be issued by and inspections made by the City. 3) All building permit, inspection and impact fees (including park impact fees) associated with building permits issued by the County will be paid in accordance with County ordinances. 4) To comply with the City's Park Impact Ordinance, the Developer will make a combination of fee payments and land dedication. The Developer will be credited for land dedication pursuant to City Ordinance. The area to be dedicated_ . inclu.des: the 2.4 acre Open Space area as presented' to the Board of Supervisors on September 8, 1987; an area between Marlesta Road and the creek for approxi- mately 200 feet + 15 feet of frontage from the project boundary southerly (approximate location of Lots 74 - 72) ; and the pathways. As stated in the City's Park Impact Ordinance, for every 631 square feet of dedicated park land, the developer will be credited the Park Impact Fee for one housing unit. 5) To accommodate the larger neighborhood park, three lots will be eliminated (72 - 74) , a fourth lot (71) will be relocated to be tangent to Lot 70. The pathway between Lots 70 and 71 will not be necessary because of the enlargement of the park. 13. 6) Park Impact Fees will be used for the benefit of the site's residents and neighboring residents for development of the on-site neighborhood park and open space area. Upon completion by the City of Pinole of the on-site park development, the City will transfer any and all remaining funds to County Service Area M-17 for use at their discretion for projects within the County's M-17 Service Area. 7) The Developer will not be responsible for the development or maintenance of the on-site open space other than for the fees and land dedications described above in 3. and 4. 8) The City shall consult with the Developer and the County Service Area M-17 District Advisory Committee on the design of the on-site neighbor- hood park. 9) The annexation process or other required City actions shall not delay issuance of building permits beyond April 15, 1988. 10) The Developer shall negotiate in good faith with the City a Memorandum of Understanding (M.O.U. ) and a Development Agreement (DA) detailing these conditions for annexation. These agreements will provide that the project will be approved by the City with the general development plan terms and conditions as approved by the County. B. In the event annexation does not occur by September 9, 1988, the site will be developed within the County with approvals made and permits issued and administered by the County. In this event the following shall apply: 1) The Developer shall pay a Park Impact Fee for each unit to the County on behalf of County Service Area for local improvements subject to the County Park Dedication Ordinance. 2) The Developer shall offer for dedication `to the County the entire 2.5 acre open space, as presented at the September 8, 1987 Board of Supervisors meeting, which open space includes Lots 48 and 49 (March 10, 1987 drawings) . Path- ways in the project area shall also be offered for dedication to the County. 3) The Developer shall develop the on-site neighbor- hood park in the same manner as indicated on the revised park plan presented at the September 8, 1987 Board of Supervisors meeting. The final plan shall be completed with the cooperation of the County Service Area M-17 Advisory Committee, subject to the review and approval of the Zoning Administrator. 4) The Developer shall form an assessment district to support costs born by County Service Area M-17 for the maintenance of the on-site open space/park areas. 14. 5) All building permit, inspection and impact fees will be in accordance with County ordinances. The Park Impact Fee will be paid to the County no later than the final inspection or the date of certificate of occupancy is issued, whichever occurs later. 6) If development occurs within the County prior to September 9, 1988, Lots 72 through 74 shall remain undeveloped so that if the property is annexed to the City of Pinole those lots will be transferred to the City for park development. 4. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned shall become an integral part of the West Contra Costa Sanitary District's sewerage collection system. 5. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distri- bution system located within the boundaries of the proper- ties concerned in this application, shall become an integral part of the East Bay Municipal Utility District's overall water distribution system. Each/ individual living unit shall be served by a separate water connection. 6. Comply with the requirements of the Pinole Fire Protection District in regards to provision of fire hydrants and adequate fire protection measures. 7. Covenants, Conditions & Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Community Development Department. 8. The Covenants, Conditions and Restrictions (C.C. & R. 's) developed for this project shall include the following deed restrictions. A. No recreational vehicle, boat trailer or mob,il.e home shall be stored within the condominium area overn'ight-. B. Control of number of pets within the condominium area. 9. Lots 48 an 49 shall be incorporated into the park site. Lots 97, 98 and 99 shall be revised to two lots consisting of Lot 97 and approximately 1/2 of Lot 98 and Lot 98 consisting of 1/2 of Lot 98 and Lot 99. 10. Prior to filing the Final Subdivision Map, plans shall be submitted to the Community Development Department for house numbering and approval of street names. Ettensions of existing streets shall have the same name as the extended street where possible. 11. The dimensional layout of the lots of this subdivision are approved. The Zoning Administrator can review and adminis- tratively amend these if small changes are necessary in the future. 15. 12. Project design and construction shall implement recommenda- tions and specifications of the geotechnical report by Alan Kropp and Associates, date February 3, 1987, including a working season of April 15 to October 15. The report was dated received February 5, 1987 by the Community Development Department. The report shall be cited by the Final Map and noted as available in the Community Development and Building Inspection Departments of Contra Costa County. Soil consul- tant and developer shall relinquish copyrights to above report. 13. The Homeowners Association within the condominium area shall be provided with a complete set of as-built plans for the projects which shall include the location of all drainage facilities, utilities, buildings, irrigation pipes, pool , play areas, and pedestrian bridge. 14. Conditions of approval of Final Development Plan 3006-87 shall be complied with. 15. 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. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. Marlesta Road, Hanley Drive and the portions of Limerick Road south of Hanley Drive shall be 40 foot roads within a 56 foot rights of way with a 2 foot public use easement on each side. Carlow Road and O'Connor Drive shall be 36 foot roads within 52 foot rights of way. C. Remove the asphalt concrete berm along the portion of San Pablo Avenue in the vicinity of Murphy Drive and replace it with concrete curb. D. Extend the 4-foot 6-inch sidewalk along the south side of San Pablo Avenue from the entrance to the condominium project easterly to the existing sidewalk. E. Widen Doolin Court to a 32 foot pavement width and install curb and 4-foot 6-inch sidewalk. F. Construct the San Pablo Avenue entrance to this site as a street type intersection with 30 foot radii curb returns. The applicant shall submit a scale drawing strip plan showing existing and proposed channelization modifications, with frontage improvements and suitable tapers to the City of Pinole and the County Public Works Department, Engineering Services Division, for review and comment and to the Zoning Administrator for review and approval . G. Warning and regulatory signs shall be shown on the improvement plans and shall be subject to the review and approval of the Traffic Engineer. 16. H. Design and construct the emergency fire exit from the condominium project access road to O'Connor Drive with a break away barrier acceptable to the fire district and the Zoning Administrator. I . Submit the design of the pedestrian bridge over Garrity Creek to the Zoning Administrator for his review and approval . Structural calculations and structural design shall be subject to the review of the Building Inspection Department. Hydraulic calculations shall be subject to review of the Flood Control District. J. Provide a turnaround area and easement at the easterly end of the 21 foot access and maintenance easement. K. Overlay O'Connor Drive between San Pablo Avenue and the subdivision boundary with 0.12 feet of asphalt concrete. Conforms and gutter lips shall be milled. L. Submit a sight distance analysis for the Limerick Road-O'Connor Drive intersection to the Public Works Department, Road Engineering Division, for review and implement recommended mitigation measures subject to the review and approval of the Zoning Administrator. M. Convey to the County of Contra Costa by Grant Deed, the future "development rights" over that portion of the property traversed by Garrity Creek, the area shown as "Restricted Development Area" and "21 foot Access and Maintenance Easement" on the Preliminary Boundary and Grading Plan. N. The Homeowners' Association covenants, conditions and restrictions shall provide for maintenance of the "Restricted Development Area", the "21 foot Access and Maintenance Easement" and the paths. 0. Prior to issuance of building permits, file the Final Map for Subdivision 6881. P. Connect Marlesta Road to the City of Pinole portion of that roadway. 9/10/87 10/28/87 12/23/87 LTRXX/B02707RZ.AB