Loading...
HomeMy WebLinkAboutMINUTES - 01221991 - 1.48 1.48 BOARD OF SUPERVISORS FRCW: Harvey E. Bragdon, n„�, Director of Community Development _�j Cwt ra Costa DATE: January -22,- 1991 n,�, , WU SUBJECT; CEQA Finding for Countrywood General Plan fty Amendment and Related Projects SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt. these CEQA Findings on the Countrywood General Plan Amendment (#1-88-CO) and related projects, applications 2791-RZ and Development Plan 3007-88 . (Exhibit A attached) FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On July 24, 1990, the Board directed that the Countrywood General Plan Amendment be incorporated in a consolidated General Plan Amendment and declared their intent to approve • rezoning applications 2791-RZ and Development Plan 3007-88, Hasseltine-Best (Applicant) , Countrywood Congregate Care (Owner) , Pleasant Hill area. The Board also directed Community Development Department to prepare the CEQA findings. CONTINUED ON ATTACHMENT: -X- YES ' SIGNATURE- _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BO RD COMMITTEE APPROVE OTHER S I GNATUR E(S 1: . ACTION OF BOARD ON _ January 22 , 1991 APPROVED AS RECOMMENDED _X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) 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: Community Development (Orig. Dept.) ATTESTED January 22 , 1991 Public Works PHIL BATCHELOR, CLERK OF THE BOARD OF County Administrator's Office SUPERVISORS AND COUNTY ADMINISTRATOR Hasseltine-Best M382,'7_RT/jn /12:country.brd BY a DEPUTY BOARD OF SUPERVISORS CONTRA COSTA COUNTY RESOLUTION NO. A RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CERTIFYING REVIEW AND CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS WITH RESPECT TO SIGNIFICANT IMPACTS, AND ESTABLISHING MITIGATION MEASURES FOR AMENDMENT OF THE GENERAL PLAN AND APPROVAL OF REZONING APPLICATION TO RE-ZONE 6.4 (+ or -) ACRES AND A .50 ACRE COUNTY-OWNED PARCEL CONTIGUOUS AT ITS NORTH BOUNDARY FROM PLANNED UNIT DISTRICT (P-1) TO PLANNED UNIT DISTRICT (P-1) 2791-RZ WHEREAS, an environmental impact report (the "EIR") for Countrywood Congregate Care Complex General Plan Amendment, Rezoning, and. Preliminary Development Plan (the "Project") was prepared by Contra Costa County (the "County") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et sect.) , and Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Adm. Code Sections 15000 et sea. , (hereafter the "State EIR Guidelines") ) ; and WHEREAS, the County forwarded the draft -EIR to the State Clearing House for distribution to those agencies which have jurisdiction by law with respect to the Project, and other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice" .of the completion of the draft EIR was duly given; and WHEREAS, the draft EIR was thereafter reviewed and supplemented to adopt changes suggested, to incorporate comments received, and the County's response to said comments, and as so revised and supplemented, a final EIR was submitted to the Planning Commission of the County and the Board of Supervisors; and WHEREAS, the County Planning Commission held a duly noticed public hearing, on the draft EIR on November 1, 1989, and all persons expressing a desire to comment thereon or object thereto having been heard$ and WHEREAS, the County Planning Commission on June 12, 1990 considered the final EIR .which includes the draft EIR and the Responses to Comments document and recommended to the Board of Supervisors that the Final EIR be certified; that General Plan Amendment No. 1-88-CO be approved; that Rezoning Application No. 2791-RZ be approved; and that final Development Plan No. 3007-88 ENE A with Conditions (marked Exhibit A, (attached hereto and incorporated herein by reference) be approved; and WHEREAS, the Board of Supervisors considered the final EIR including all comments received and the responses thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA THAT: A. The County hereby finds and certifies that the Final EIR has been completed in compliance with the California Environmental Quality Act, as amended ("CEQA") , and the State EIR Guidelines, and that the County has reviewed and -considered the information contained in the .final EIR prior to making a decision on the Project. B. In accordance with Section 15091 of the State EIR guidelines, the County finds that the Project will have the following significant impacts and finds that the stated mitigations shall be required as a part of or incorporated into the Project to avoid or substantially lessen the noted impacts: 1. - Land Use and Visual Factors: Impacts: (i) Thecontrast in character between the Project and surrounding predominantly ranch style development would represent a significant land use and visual impact, particularly during the interim period between Project construction and maturation of peripheral vegetation screening. Mitigation: Recommended conditions. of approval 4C and 8A are designed respectively to achieve some design variation and to incorporate natural appearing siding and roof materials into the construction process. The County finds that the EIR . recommended mitigation of a reduction in the number of Project units is not an acceptable means of mitigation of the referenced land use and visual impact. A reduction in the number of Project units, if adopted as a mitigation measure, would permanently affect the Project in order to lessen an impact which is primarily interim until vegetation effects a screening of the Project site. Additionally, the primary adverse impact of the Project the Diablo View Road and La Playa neighborhood is only as to the last 500 feet of Diablo View Road and the rear yards of two or three homes on Ramada Court. Pursuant to Section 15092 of the EIR Guidelines, a reduction in the 2 EAMMU U W number of housing units is an inappropriate means of mitigation to the extent that alternative mitigation measures are available. (ii) The proposed placement of fill in portions of the ravine corridor would significantly impact ravine open space, vegetative and wildlife values. Mitigation: Potential mitigations include a redesign of the building footprint to reduce or eliminate the need for ravine fill and a modification of the access road crossing the ravine. The Board finds that it is not practical or feasible to redesign the building footprint as it has been carefully established so as to provide the least impact on all adjoining residences. The County finds, however, that the access road crossing the ravine should be modified as set forth in condition of approval 4D; provided, however, .. the _ specific redesign of the opening shall be a matter to be submitted to and reviewed by the Zoning Administrator. The final design shall be as economical 'as possible; yet it shall be designed in a fashion which is sensitive to the described environmental •impact. The County further finds that retention of up ,to 78% of the site in open space is in itself a mitigation of the stated impact. (iii) The design of the residential structure does not take advantage of existing panoramic views. Mitigation: The County does not find this to be a significant impact on the environment; as noted above, the redesign of the site lay-out is not feasible in view of the desire to mitigate impacts upon adjoining property owners. (iv) Views of the Project from the Diablo View/LaPlaya neighborhood would be limited to the last 500 feet of Diablo View Road and the rear yards of 2 or 3 homes on Ramada Court. The Project would have a significant adverse impact. on the semi-rural character of the neighborhood as viewed from these locations until peripheral landscaping matures. Mitigation: The County finds the stated impact to be of interim duration only, affecting only a portion of the 3 ���Q D �� neighborhood. Condition 6 requires submittal of landscape and irrigation plans prior to issuance of building permits and Condition 6B imposes minimum size requirements on the proposed trees to be planted on the Project site. The County, therefore, finds the incorporation of Condition 6 to be a reasonable mitigation. The County has found it not feasible to alter the footprint due to neighborhood impacts. The County also finds that adverse impacts exist in the event the height of the structure was to be lowered because of interference with circulation and policy plans. (v) Project associated modifications to Diablo View Road and Project related traffic increases would result in a significant change in the semi-rural character of the route between LaPlaya Road and the Project. Mitigation: Condition 4A is designed to reduce Project-related uses of Diablo View Road to insignificant levels. Although a further mitigation measure reviewed in the EIR included a reduction in the number of Project units, the County finds such a reduction to be unwarranted in that the associated reduction in traffic would be negligible. It is specifically noted that a previously approved Congregate Care Project on this site with fewer units would have greater impact upon ° Diablo View Road. As noted in Section 15092 (c) of the EIR Guidelines, therefore, the reduction in the number of housing units is an inappropriate mitigation measure. (vi) ' Project open space losses would also significantly reduce the semi-rural character of the Diablo View Road neighborhood. Mitigation: Basic open space losses are an unavoidable impact. Condition 7 is designed to minimize open space losses by virtue of restrictions on further development of the site. (vii) The Project would have significant adverse impact on southbound views from Taylor Boulevard in the interim period between Project construction and maturation of peripheral vegetative screening; a similar impact exists as to views from the Green Hills Drive neighborhood and more distant 4 surrounding view points. Mitigation: The EIR suggested as potential mitigations certain building design modifications and changes in the building footprint including an increase in the setback from Taylor boulevard from 25 feet to 30 feet to provide additional planting space. The County finds that building redesign and/or changes in the footprint are inappropriate mitigation measures for the following reasons: first, the impacts are interim in nature until landscape screening takes hold (Condition 6 is designed to mitigate the impact insofar as is possible) ; second, relocation of the building footprint with an additional setback would compromise the buffering of adjoining property owners, thereby increasing impacts upon them which would be permanent in nature. (viii) - County approval of the Project may have a precedent-setting effect, particularly if the current proposed conversion of 27 single family lots to the east along Pleasant Hill Road is also approved. The two approvals will be expected to significantly increase interest and intensify residential densities along the semi-rural section of Diablo View Road west of LaPlaya Drive. Mitigation: The EIR found this impact to be unavoidable if both Projects .:are approved. The County notes that the second Project_ referenced in the EIR is currently inactive and has not been approved. The County further finds that Condition 2 is designed to mitigate the precedent setting effect of this Project by virtue of its restriction to use of the site for retirement and congregate care housing only. The County finally finds that this impact is further mitigated by virtue of the development restrictions imposed by Condition 7. (ix) As Project tenants grow older, increased needs for personal care may develop, changing the nature of the Project. Associated impacts would include possible increases in service and emergency vehicle traffic and increased Project sensitivity- to noise intrusion from Taylor Boulevard. Mitigation: Condition 2 is designed to maintain the character 5 of the Project insofar as is possible. Condition 4A is designed to limit *use of Diablo View Road. Condition 12 imposes an acoustic study requirement and makes noise attenuation measures subject to further review and approval by the Zoning Administrator. (x) The Project site has a number of locational disadvantages with . significant adverse. impact implications for Project residents including proximity to Taylor Boulevard as a significant noise source and the lack of walking proximity to recreational, commercial, medical, civic, religious and public transportation services. Mitigation: The County finds that this impact has been mitigated by virtue of Condition 9 which requires the provision of a van service for the residents as well .as the preparation of a Transportation System Management . . .. Program , and approval thereof by the Zoning Administrator. This is a primary feature of a congregate care facility. The County finds that _ Project residents are more likely to utilize the van service to be provided than to walk to neighborhood services in view of their expected age. Finally, the open space amenities of the Project site represent a locational advantage which alternative sites in a more centralized location might lack. To mitigate noise impacts, Condition 12 requires an acoustical study and noise alteration measures subject to review and approval by the Zoning Administrator. (xi) There is a possibility of future conversion of the congregate care facility to another use such as conventional apartments. Mitigation: Condition 2 is designed to restrict alternative uses of the Project. The County finds the proposed mitigation in the EIR to require a legal instrument attached to the project title stipulating that the site be used exclusively for senior housing or single family homes to be unnecessary. Adequate mitigation is provided- by the process which requires that any future conversion proposal would require application for a General Plan Amendment, a rezoning, a further environmental review, and all of the public hearings required by such a process. 2. Population and Housing: 6 REM A The EIR found a number of significant impacts relative to population and housing. The EIR further found that no mitigation measures were required by virtue of such impacts because all were beneficial. The County finds the Project to be consistent with its Housing Element goals regarding provision of a wide-range of housing types to meet the needs of all age groups, provision of housing for special . needs including the elderly, and encouragement of semi-independent housing for the . elderly. The County finds that no mitigation measures need be adopted relative to population and housing impacts of the Project. 3. Transportation and -Park ing: Impacts: (i) The extra truck trips associated with the Project would not have extraordinary ,road strength or road wear implications, but busy delivery truck drivers would tend to use . excessive speed along affected_ residential routes. Mitigation: Condition 4A imposes significant limitations on . the use of Diablo View Road for access to the Project. Condition 11F provides for appropriate signage as determined by the Public Works Department. (f i) Project-related traffic increases on Diablo . View Road would be highly noticeable to residents along this road and would represent a significant neighborhood impact. Also, the Project through road connection (Diablo View Road to Pleasant Hill Road) would provide the Diablo View/LaPlaya neighborhood with a more direct route to .west bound Pleasant Hill Road, resulting in: (a) more traffic on Diablo View Road/LaPlaya Drive, Del Oceano Drive, Del Rio Drive, Del Este Street and Withers Avenue; (b) internal safety problems . for Project residents; and (c) conflicts with internal parking movements. Mitigation: The County finds that no significant change in service level operation is expected to alter existing intersection or roadway operations in the Project vicinity. The county further finds that this Project as proposed will result in a lesser increase on Diablo View Road than would be the case if the previously approved 70-unit congregate care Project was to be constructed. It is noted that TIRE Index Ratings 7 reported in the EIR indicate that perceived impacts on neighborhood quality are significant and comparable for either Project. Conditions 4A, 11D and 11F are all designed to mitigate that perceived impact through severe limitations on through Project use of Diablo View Road, construction of a standard cul-de-sac with no access to adjacent parking and public works approval of appropriate signage. . The County has also reserved the right to eliminate all access to and from Diablo Valley Road based on further analysis of project traffic. (iii) The proposed right turn only Project ingress/egress at the Pleasant Hill Road access point would be unsafe for seniors and other drivers due to high traffic speeds on Pleasant Hill Road and the existing road configuration. Maneuvering from this exit point to the Pleasant Hill Road U Turn ramp to go east-bound would also be difficult and unsafe. Mitigation: Conditions 4A and 11B are designed to implement EIR recommended mitigation measures for this impact. The County further finds that the transportation services which will be provided to residents of the project will minimize the number of resident drivers. (iv) Traffic turning into the Pleasant Hill Road entrance would also create safety conflicts with west bound through traffic due to the lack of a right turn lane. Mitigation: Conditions 4A and 11B are designed to implement the EIR recommended mitigations. (v) The tendency far east bound drivers on Pleasant Hill Road, to attempt illegal left hand turns into the site at this entrance to avoid the longer indirect Diablo View Road route would also create ' significant safety conflicts with Pleasant Hill Road through traffic. Mitigation: Conditions 4A and 11B are designed to implement the EIR recommended mitigations. (vi) Site distances to the north and south of the Pleasant Hill Road/Diablo View Road intersection are 8 EKE 17 A limited by existing vegetation. The Project would increase related safety risks. Mitigation: The county finds that this impact is not directly related to the Project but constitutes an existing condition. Condition 4A seeks to limit Diablo View Road access to and from the . Project. (vii) Existing peak hour left turn delays of the Diablo View/Pleasant Hill intersection would be prolonged by Project residents (seniors) who would tend to wait longer to make these turns. Mitigation: The County finds that the EIR recommended mitigation of a north bound left turn lane to be added to the Pleasant Hill approach is an inappropriate mitigation. Condition 4A is designed to limit the use of - Diablo View Road by Project ' residents to the Project-provided van service. Additionally, the stated impact is not directly Project related but is existing. (viii) Based on comparisons with numerous other senior housing Projects in the County, the . Project parking ratio of .52 spaces per unit would be adequate provided that at least 5 or 6 spaces were reserved for visitors. Nevertheless, long-term visitor parking could cause internal overflow parking, creating. nuisance and emergency access problems. Mitigation: Condition 3 is designed to incorporate the EIR recommended mitigation. There is further provision for parking space regulation in the review of parking plans by the Zoning Administrator prior to the issuance of building permits. (ix) The Project and its elderly residents would significantly exacerbate pedestrian safety_ problems on Diablo View Road due to the narrow street width, limited sight distances, and the lack of continuous sidewalks along the route. Mitigation: The County finds that the EIR-proposed mitigation of this impact through the widening of Diablo View Road is inappropriate. The problem of narrow width and consequent pedestrian safety is not Project-related as 9 EW a � it pertains to existing conditions. The Project is required by Condition 9 to provide van service as a preferred alternative to pedestrian access to Diablo View Road in view of the expected ages of Project residents. The project contains significant open space on the site eliminating the need for walking offsite. • Additionally, the Project will be required to comply with County-wide Area of Benefit Fees as adopted by the Board of Supervisors and the application of such fees may be used to solve this existing problem. Further, Condition 4A restricts vehicular access by way of Diablo View Road. (ix) Seniors are generally more dependent on public transit. Existing transit stops are some distance from the Project site and present potential safety problems in terms of access. Mitigation: Condition 9 and its anticipated implementation of a van service is designed to overcome the potential dependency on public transit which this impact addresses. {x} The cumulative traffic impacts identified in the EIR would not be expected to significantly alter intersection or roadway operations in the Project vicinity. Mitigation: No mitigation measure is required. The Project will be required to pay County-wide Area of Benefit Fees which may be used to mitigate traffic problems. (xi) During the approximately 12-month Project construction, heavy vehicle travel on Diablo View Road (before the Pleasant Hill Road connection is completed) could result in significant noise impacts and significant roadway damage. Mitigation: Condition 14 is designed to implement the EIR recommended mitigation restricting hours of operation and access. Condition 11F permits the Public Works Department to impose bonding requirements relative to the construction of improvements if and as necessary. 4 . Drainage and Water Quality: 10 Impacts (i) The proposed drainage pian would remain essentially the same as the Plan approved for the earlier congregate care proposal. Drainage run off increases as a result of Project changes would not be expected to result in significant additional adverse impacts on the Diablo View/LaPlaya drainage system. Mitigation: Condition 11A requires the Project to conform to the requirements of Division 414 of the .Subdivision Ordinance. The design standards imposed by the Public Works Department will be observed relative to the Project. (ii) The Project will contribute to significant cumulative increases in run off within Drainage Area 46 and would thus contribute to identified (planned) needs for increased capacities in this system. Mitigation: The Project is required to comply with the drainage fee requirements for Drainage Area 46 as adopted by the Board of Supervisors. Condition 11A requires conformance with Division 914 of the Subdivision ordinance. (iii) Construction grading could also contribute to significant down-stream sedimentation impacts. Mitigation: Condition 6 requires approval of a landscape and irrigation plan prior to issuance of building permits. The County further finds that appropriate conditions to mitigate construction period erosion can be implemented by the Public Works Department under the terms of Condition 11F and applicable grading requirements. 5. Municipal Services: Impact: (i) Water. The Water District does not anticipate problems with the local water system in meeting Project domestic water and fire flow demands. Mitigation: e 11 No mitigation i`s required; Condition 8C implements EIR recommended mitigations in its requirement that fire protection systems be subject to approval by the Contra Costa County Consolidated Fire Protection District. (ii) Sewer. Project Sewer needs could be adequately met via connections to the existing sewer main which traverses the Project site and by making any off-site sewer line improvements indicated as necessary through routine analysis of sewage collection system capacity. Mitigation: No mitigation is required as to this impact. (iii) Police Services. The Project alone would not be expected to create a need for additional police manpower or facilities. Mitigation: No mitigation is required as to this impact. (iv) Fire Protection. The Project would increase the likelihood of fires on site. The Project design includes adequate fire equipment access plus an automatic sprinkler system throughout the residential structure. Mitigation: The County finds that no mitigation is required by this stated impact. Nonetheless, Condition 8A incorporates the EIR recommended mitigation requiring design of a fire sprinkler protection and smoke exhaustion system and Condition 11F permits Public Works Review and approval of all site improvement plans. The County finds that the specific mitigation measures recommended in the EIR relative to the width and support requirements of the proposed ravine bridge is adequately addressed in -Condition 11F and condition 4D requiring Zoning Administrator approval of the final ravine crossing design. (v) Ambulance Services. Noticeably more night and early morning calls for emergency services can be expected from elderly housing projects. Mitigation: 12 The County finds that the Pian specifications adequately address the EIR recommended mitigations. Condition 4A limits access to Diablo View Road but does permit emergency access. The County finds the EIR recommended mitigation restricting ambulance service calls to Pleasant Hill Road to be inappropriate as an absolute prohibition. b. ,Noise Factors: Impact: (i) The County's revised Noise Element forecasts noise exposure - levels of 68dB (average) within the proposed residential footprint because of proximity to Taylor Boulevard. An acoustical study should be a part of the Project approval process to insure average interior noise levels of 45dB. Mitigation Although the EIR does not recommend any specific mitigation as to this impact, Condition 12 is designed to implement the requirement for an acoustic study. (ii) The 10 foot high noise wall proposed along the sites western boundary will not protect the upper two residential stories from Taylor Boulevard impacts. Project outdoor areas would be significantly impacted. by Taylor boulevard noise intrusion. Mitigation: Condition 13 requires a sound barrier wall and/or fencing along the west boundary, which shall be reviewed and subject to approval by the Zoning Administrator. The County agrees with the EIR conclusion that a higher wall or fence than 10 feet is infeasible in view of visual constraints. Exterior patio areas will be at ground level, however, and it is therefore found that the enclosure of patio areas within atriums or other measures is an inappropriate mitigation of this perceived impact. The County finds that the EIR recommended mitigation of Project redesign and/or re-orientation is inappropriate in that (a) Conditions 12 and 13 adequately address permissible acoustic noise levels and (b) redesign or re- orientation of the building footprint is infeasible due to the increased Project impact which this would cause upon adjoining property owners. 13 MEN A There would be noticeable intermittent Project related traffic noise increases along Diablo View Road west of LaPlaya Drive. Mitigation: Condition 4A is designed to implement the EIR recommended mitigation of this impact. (iv) There would be noticeable changes in the noise environment for the 3 homes abutting the Project' s east boundary _ due to internal Project vehicular movements, deliveries and general activity noise. Mitigation: Condition 6 is designed to implement the recommended mitigation of construction of a noise barrier or earthen berm. The County finds that the EIR recommended mitigation measure of re-orientation of the Project site plan by 180 degrees is infeasible in that it would require a complete redesign of the Project, force parking to the creek area, and require a retaining wall along Taylor Boulevard. In addition, the Project orientation is beneficial in that the residential building will buffer adjacent homes to the east from Taylor Boulevard noise intrusion. (v) The planned widening of Taylor Boulevard from four to six lanes would bring associated traffic closer to the Project residential structure and west side outdoor areas, Mitigation: The County finds that the EIR recommended mitigation of an increase in the minimum building set . back along Taylor Boulevard is inappropriate in view of concerns for Project impacts upon adjoining property owners. (vi} Significant on-site construction period noise impacts would be experienced by adjacent homes to the east and north of the Project. Mitigation: Condition 14 is designed to implement the EIR recommended mitigations. The County further finds this to be an interim rather than a long-term impact. 14 (vii) Construction related vehicular traffic would result in short-term significant noise impact along Diablo View Road (most noticeably in the evening) . Mitigation: The County finds that Condition 14 and its implementation by the Zoning Administrator is designed to adequately address this impact. C. Pursuant to Sections 15089 and 15091 of the State EIR Guidelines, the County finds that implementation of the Project will have the following significant impacts which are unavoidable: (a) Loss of basic open space and the contribution to cumulative open space losses within north central Contra Costa County, (b) the Project may constitute a precedent for increased residential densities within the Project area; (c) limited emergency vehicle access may impact Diablo View Road; 'and (d) Project surface run-off will contribute to cumulative down- stream water quality impacts. Pursuant to Section 15091 of the State EIR Guidelines, the County finds that changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the Environmental Impacts identified in the final EIR all as specifically noted above. In addition, pursuant to Section 15093 of the State EIR Guidelines, the County finds that the benefits of the proposed Project out-weigh its unavoidable adverse environmental effects such that the mitigated impacts taken together with those which are unavoidable have been deemed acceptable. The County makes this finding based upon the consistency of-' this Project with County Housing Element goals regarding the provision of housing designed to meet the special needs of the elderly in view of anticipated growth in that sector of the population and because the facility in question represents an attractive and stable residential development with substantially mitigated effects upon the adjacent surroundings and existing residential development. Based on the foregoing statement of overriding considerations and in view of the substantially mitigated Project impacts, the County finds that none of the other Project alternatives listed in the EIR is a superior alternative to the proposed Project. D. upon approval of the Project by the Board of Supervisors, the Director of community Development is hereby directed to file a Notice of Determination with the County Clerk of Contra Costa County pursuant to the provisions of Section 21152 of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. 15 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3007-88 1. Development shall be as shown on plans submitted with the application dated received by the Community Development Department on April 4, 1990, subject to the conditions listed below. 2. This approval is for retirement and congregate care housing facility of not more than 101 residential units for persons 60 years or older and as such shall be recorded as a deed restriction on the property. A copy of the recorded document shall be submitted to the Community Development Depart- ment prior to occupancy. (If a residential unit is to be occupied by a couple, one spouse must be 60 years of age or older.) 3. This approval includes and is subject to the County-owned property contiguous to the north to be part of this development to provide for off-street parking and a cul-de-sac turnaround at the end of Diablo View Road. A. In the event that the County-owned property is unavailable for parking purposes, revised parking plans will be submitted for the review and approval of the Zoning Administrator providing for .52 onsite parking spaces per dwelling unit as indicated on the plans received 4/04/90. A . maximum of 25% of spaces may be "compact" spaces. Such plans will be reviewed and approved by the Zoning Administrator prior to the issuance of building permits. B. The cul-de-sac shall be designed and constructed so that it leaves a substantial, developable parcel on the County-owned parcel of land. The cul-de-sac shall be aligned so that it is located on both County property and the applicant's property. The actual alignment shall be subject to review of the Public Works Department, Road Engineering Division, and subject to the review and approval of the Zoning Administrator. 4. Prior to issuance of a building or grading permit, revised plans shall be submitted to ^the Community Development Department. The plans shall be agendized on the County. Planning Commission agenda for the review and approval of the Planning Commission. The plans shall provide for the following: A. The project access to be at Pleasant Hill Road with right turns only, and with an adequate acceleration lane and extension of the island area to prevent left turns on Pleasant Hill Road. Channelization shall be subject to the review of the Public Works Department, Road Engineering Division. B. No access to Diablo View Road except for card-gated emergency access and allowance for use by transportation vans of the congregate care facility and subject to review by the Contra Costa County Consolidated Fire Protection District. The location and design of the gate and related fencing shall be shown on revised plans. The turnaround at the end of Diablo View Road to be constructed with no access to adjacent parking. All off-street parking shall be shown. 2. C. That portion of the end- of the middle wing of the building with a 10 foot setback from Taylor Boulevard shall be reduced to two-story height and those affected residential units (3) shall be relocated to the end of the most northerly wing providing for a height of not more than two stories for the relocated units. Consideration shall be given to providing a 15-foot building setback along Taylor Boulevard. The proposed building as viewed from Taylor Boulevard and the surrounding area shall be reduced in' height by lowering the grading for the building pad to grade elevation of not more than 260 feet. Retaining walls embankments and earth berms shall be shown on revised plans including cross-section drawings. Where retaining walls are needed they shall be of a stepped design or crib-lock design to the extent feasible. D. The ravine crossing shall be constructed using crib-lock retaining walls as indicated on submitted plans and with an opening of not less than 20 foot width and 10 foot height. The roadway for the crossing shall have a minimum width of 20 feet and shall be widened to provide for a separated 5 foot wide pedestrian walkway. The road grade to Pleasant Hill Road shall not exceed 10 percent. 5. Prior to filing for grading permit, grading plans shall be submitted for review and approval by the County Geologist and the Zoning Administrator. 6. Prior to the issuance of building permits a landscape and irrigation plan shall be submitted to the Community Development Department. ' The plans shall be agendized on the County Planning Commission's agenda for review and approval. The plans shall utilize California Native Species, conform- ing to the Contra Costa County policy on water conservation requirements for new development. Landscaping and irrigation shall be installed prior to occupancy. A. Evergreen screening trees shall be planted at the east, west and north boundaries of the property. B. The proposed trees on the site are to be a minimum of 15 gallons in size. The propose shrubs on the site are to be a minimum of 5 gallons in size. C. All embankments, earth berming and retaining walls shall be shown together with landscaping for those area. Plans shall be submitted for review by the two, property owners contiguous at the east boundary, and their approval indicated with the landscape plan. D. Existing trees which qualify as heritage trees per Ordinance Code Section 816-4.602 that are to be preserved and may be endangered by construction or grading activities, shall be protected at the dripline by barricade or other suitable means. 3. 7. A scenic easement or the deeding of the development rights shall be provided for at the area of the ravine across the south portion of the property extending from Pleasant Hill Road north to approximately Contour Elevation 250 feet. This shall be accomplished prior to occupancy. S. Building design shall be similar to that shown on revised plans dated received April 4, 1990 with the application subject to final review and approval by the Zoning Administrator prior to issuance of a building permit. The roofs of all buildings shall be free of such objects as air conditioning equipment, television aerials, etc., or screened from view and exterior lights shall be deflected so that lights shine onto applicant's property and not toward adjacent properties. A. Provide building colors and material to blend with the environment. Roofing shall be of brown tone tile. Stucco walls shall be of earth- tone colors and balconies and trim shall be natural wood. B. Additional soundproofing shall be provided for those residential units directly adjacent to Taylor Boulevard for a interior noise level of less than 45 DBL. C. Provide complete automatic fire sprinkler protection and smoke exhaustion system for the entire building subject to approval by the Contra Costa County Consolidated Fire Protection District. 9. Submit a TSM (Transportation System Management Program) for vans, busing, etc., for review and approval - by the Zoning Administrator prior to occupancy. Van service for on-call or scheduled use shall be provided for the residents. 10. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards 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(s) , if deemed necessary. 11. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. Conformance with Division 914 includes the following requirements: 1) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. MEN W 4. This will require the improvement of some of the downstream drainage facilities (e.g. , culverts) subject to the review and approval of the Public Works Department. 2) Designing and constructing storm drainage facilities required by Division 914 in compliance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. 3) The design of the on-site watercourse crossing shall be subject to the review and approval of the Public Works Department. B. Unless exceptions are spec ifically ' granted, comply with the, require- ments of Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. Compliance with the Ordinance includes the following: 1) Pleasant Hill Road frontage improvements which include the construction of an acceleration lane for west bound traffic exiting the site and the installation of a median barrier along the frontage to prevent left turn exits will satisfy this requirement. All improvements shall be subject to the review and approval of the Public works Department. 2) Traffic shall be restricted to right turn-in and right turn-out only at the Pleasant Hill Road accessway. 3) Installing street lights on Pleasant Hill Road. The final number and location of the lights shall be determined by the County Traffic Eng,}neer. C. Install all- new utility distribution services underground. D. Construct a standard cul-de-sac, subject to the review and approval of the Public Works Department, at the westerly terminus of Diablo View Road. , E. 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 permanent, road and drainage improvements. F. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, for review; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Engineering Services Division, prior to the issuance of any building permit. The review of improvement plans and payment of all fees shall be completed prior to the clearance of any building for final inspection by the 5. Public Works Department. If final inspection is requested prior to construction of improvements, the applicant shall execute a road improvement agreement with Contra Costa" County and post bonds required by the agreement to guarantee completion of the work. 12. Prior to issuance of a grading or building permit, an acoustic study shall be prepared to assure that the residential units shall have interior noise level of not more than 45 dba of the CNEL scale and to further reduce noise levels of outdoor patio and deck areas. Noise attenuation measures such as type, size and location of sound barriers, additional grading for earth berming, shall be shown and subject to review and approval by the Zoning Administrator. 13. A decorative sound barrier wall and/or fencing shall be provided along the west boundary of the property and submitted for review and approval by the Zoning Administrator prior to constructidn. 14. Noise generating construction activities shall be limited to the hours of 7:30 A.M. , to 5:00 P.M., Monday through Friday and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. ADVISORY NOTE A. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department. of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may 'affect any fish and wildlife resources, per the Fish, & Game Code. B. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. C. Comply with the requirements of the Contra Costa County Consolidated Fire Protection District. D. The applicant will be required to comply with the drainage fee requirements for Drainage Area 46 as adopted by the Board of Supervisors. BT/aa DPX/3007-88C.BT 3/9/90 4/04/90 4/10/90 - P/C Rev. (v) 1/16/91 - jn EWH� o ff Q